CIVIL PROCEDURE

Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

OVERVIEW OF PROCEDURAL RULES Prospective application of the Rules of Court:

● The rules shall govern cases brought after they
suspends a procedural rule in a particular case
only, the same cannot be used as precedent to
take effect, and also to pending cases, except if, in govern other cases.
Remedial Law the opinion of the court, their application would not
● Means and methods whereby cause of action may be feasible or would work injustice, in which event, The rule on liberal construction (Section 6 of
be effectuated, wrongs redressed and reliefs the former procedure shall apply. Rule 1 of the Rules of Court):
obtained. ● The 2019 amendments to the 1997 rules of civil
Section 6. Construction. — These Rules shall be
● Rules which provide the system for the procedure shall govern all cases filed after their liberally construed in order to promote their objective
protection of rights, prevention of the violation effectivity on May 1, 2020, and also all pending of securing a just, speedy and inexpensive
proceedings. disposition of every action and proceeding.
of such rights and the means of redress for
such violations. Also provides methods for the ○ All complaints must be attached with ● The rule is that Courts should not be
enforcement of obligations recognized by law and judicial affidavits. unduly strict on procedural lapses that do
lay out the procedure by which suits are filed, tried, not really impair the proper administration
and decided upon by the courts of justice. Constitutional authority to promulgate rules: of justice. The higher objective of
● As distinguished from Substantive law — SL SECTION 5(5) of the 1987 Constitution procedural rule is to ensure that
creates, defines and regulates the rights and substantive rights of the parties are
duties concerning life, liberty and property. The Supreme Court shall have the following powers: protected. Litigations should, as much as
Examples of SL are the Constitution and Civil possible, be decided on the merits of the
Code of the Philippines. RL lays down the (5) Promulgate rules concerning the protection and case and not on technicalities. (Regulus
enforcement of constitutional rights, pleading, practice, and
methods by which the rights and obligations arising procedure in all courts, the admission to the practice of law, the
Development Inc. v. Dela Cruz)
from SL are protected, enforced and given effect. Integrated Bar, and legal assistance to the underprivileged. Such ● Compliance with the procedural rules is
● Major aspects of remedial law: rules shall provide a simplified and inexpensive still the general rule and abandonment
1. Civil Procedure procedure for the speedy disposition of cases, thereof should be done in the most
2. Criminal Procedure shall be uniform for all courts of the same grade, exceptional circumstances. (Pilapil v.
3. Special Proceeding and shall not diminish, increase, or modify Heirs of Briones)
4. Evidence substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court. APPLICABILITY
Rules of Court as amended by A.M. No. 19-10-20 has
reference to the body of rules governing: ● The Courts have the sole prerogative to amend,
Scope of Civil procedure in the Rules of Court
● Pleadings and practice and procedure repeal or even establish new rules for a more
(a) Ordinary Civil Actions (Rules 1-56)
promulgated by the Supreme Court pursuant to its simplified and inexpensive process, and the
(b) Provisional Remedies (Rules 57-61)
rule-making powers under the Constitution. speedy disposition of cases. Such power is now
(c) Special Civil Actions (Rules 62-71)
● Rules are subordinate to statute, and in case of the exclusive domain of the Supreme Court.
conflict, the statute will prevail. ● The Courts have the power to relax or suspend
Cases governed:
technical or procedural rules or to except a case
● Section 3, Rule 1 of the Rules of Court as
from which their operation of justice requires it.
amended by A.M. No. 19-10-20, provides that
● Pro Hac Vice Rule — “for this one only”: when the
these Rules shall govern the procedure to be
Court, in certain exceptional circumstances,

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

B. Special Civil Action — is one by which a party

observed in actions, civil or criminal, and special ● The Court reiterated the rule that quasi-judicial
sues another to enforce or protect a right, or to
proceedings. and administrative bodies are not bound by
prevent or redress a wrong. However, such action,
(a) A civil action is one by which a party the technical rules of procedure, that
although governed by rules of ordinary civil
sues another for the enforcement or technicalities should never be used to defeat
actions, is subject to specific rules prescribed
protection of a right, or the prevention substantive rights of a party, and that every
for a special civil action.
or redress of a wrong. litigant should be afforded the opportunity for the
a. Rule 62 – 71, 1997 Rules of Civil
proper and just determination of his cause, free
Procedure
A civil action may either be ordinary or from the constraints of technicalities.
special. Both are governed by the rules (Birkenstock Orthopaedie GMBH and Co. KG
Civil Actions governed by Special Civil Actions:
for ordinary civil actions, subject to the v. Philippine Shoe Expo Marketing
● Interpleader
specific rules prescribed for a special Corporation)
● Declaratory relief
civil action. ● Labor disputes are not governed by the strict
● Review of judgment and final orders or resolutions
(b) A criminal action is one by which the and technical rules on evidence and procedure
of the COMELEC and COA
State prosecutes a person for an act or observed in the regular courts of law.
● Certiorari
omission punishable by law.
● Quo warranto
Q: What is the reason for the exclusions? ● Expropriation
(c) A special proceeding is a remedy by
A: It is simply because there are particular procedural laws ● Foreclosure of real estate mortgage
which a party seek s to establish a
which govern those proceedings, and therefore the Rules of ● Petition
status, a right, or a particular fact.
Court do not apply except by suppletory application if ● Contempt
applicable.
Actions or proceedings not governed by the Rules of
C. Civil Actions governed by special rules
Court: (NICOLE)
● Section 4, Rule 1 of the Rules of Court as CIVIL ACTIONS 1. Special proceedings (Sec 72 and up)
— a remedy by which a party seeks to
amended by A.M. No. 19-10-20, clearly provides
establish a status, a right, or a
that rules shall not apply to the following cases:
A. Ordinary Civil Action — is one by which one particular fact.” It is distinct from an
1. Naturalization case
party sues another, based on a cause of action, to ordinary legal “action” where one party
2. Insolvency proceedings
enforce or protect a right, or to prevent or files a suit against another party to seek
3. Cadastral cases
redress a wrong, whereby the defendant has redress for a wrong or an injury, or to
4. Other cases not provided in the
performed an act or omitted to do an act in protect his (the suing party) rights.1
rules.
5. Land registration cases violation of the rights of the plaintiff. The purpose
is primarily compensatory. Example:
6. Election cases
- Erroneous entries in certificate of
Rule 2, Section 1. Ordinary Civil Action. – Every
ordinary Civil Action must be based on a cause of
live birth — file a special
● However, the rules may apply to the above
action. proceeding to establish the
cases by analogy or in a suppletory character
status of the right.
and whenever practicable and convenient.
1
See Special Proceedings in the Philippines

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

- Special proceeding of settlement

civil action is commenced by the filing of the
of estate. Civil action for partition original complaint in court. If an additional defendant
of estate. is impleaded in a later pleading, the action is
commenced with regard to him on the date of the filing
of such later pleading, irrespective of whether the
2. Rules on expedited procedures in the motion for its admission, if necessary, is denied by the
First Level Courts (A.M. No. 08-8-7-SC) court
a. Summary procedure — A
summary procedure is defined
FLOW OF CIVIL ACTION
as procedures applied to the
settlement of a civil case that
meet all the conditions
prescribed by the Code of Civil
Procedure in a simpler sequence
than the procedure for the
settlement of ordinary cases.
The purpose of a summary
procedure is to settle the case in
an efficient but lawful manner.2 E. Construction
b. Small claims — A "small claim" Rule 1, Section 6. Construction. – These Rules shall
is an action that is purely civil in be liberally construed in order to promote their
nature where the claim or relief objective of securing a just, speedy and inexpensive
disposition of every action and proceeding.
raised by the plaintiff is solely
for the payment or
reimbursement of a sum of F. Uniform procedure
money. It excludes actions Rule 5, Section 1. Uniform procedure. - The
seeking other claims or reliefs procedure in the Municipal Trial Courts shall be the
aside from payment or same as in the Regional Trial Courts, except:
reimbursement of a sum of (a) where a particular provision expressly or
impliedly applies only to either of said
money and those coupled with courts, or
provisional remedies.3 (b) in civil cases governed by the Rule on
Summary Procedure.
D. Rules determined when action is commenced
Rule 1, Section 5. Commencement of action. – A

2
See Summary Procedure
3
See OCA CIRCULAR NO. 69-2022

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

JURISDICTION 11576 will be transferred. This is pursuant to the

principle of adherence.
judgment. Even after the judgment has become final, the
court retains jurisdiction to enforce and execute it.
● RA 11576 has prospective application and not
A. DEFINITION retrospective. But in an OCA Circular, it states that C. Jurisdiction vs. Exercise of Jurisdiction
● The power and authority of the court to hear, all cases which have not undergone pre-trial will be ● Jurisdiction is the authority to hear and
try and decide a case. Includes the power to considered as newly filed cases and therefore determine a cause —the right to act in a case.
determine the controversy presented, and the right must follow RA 11576. Since it is the power to hear and determine, it does
to decide whether or not the statement of facts that not depend either upon the regularity of the
confer jurisdiction exists. Jurisprudence: exercise of that power or upon the rightfulness of
● Jurisdiction imports the power and authority to the decisions made. Jurisdiction should therefore
Crespo vs Hon. Mogul
declare the law, to expound or to apply the laws. be distinguished from the exercise of jurisdiction.
○ Jurisdiction is not the power of the A case of estafa was filed. Consequently a petition for review The authority to decide a cause at all, and not the
Judge — it is the court, not the judge was filed to the Department of Justice where the secretary decision rendered therein, is what makes up
issued a resolution reversing the resolution of the investigating jurisdiction. Where there is jurisdiction of the
which by law, is vested with jurisdiction.
prosecutor stating that there is no probable cause to file a case
○ Jurisdiction does not refer to the in court. The prosecutor, on the basis of the DOJ resolution, filed person and subject matter, as we have said before,
decision itself — Jurisdiction is the a motion to dismiss or withdraw the information filed in court. the decision of all other questions arising in
authority of the court to decide a case and the case is but an exercise of that jurisdiction.
Is the court bound by the resolution? NO. The principle of
not the decision rendered therein. continuity of jurisdiction or adherence of jurisdiction provides that
once the court acquires jurisdiction over a case, it cannot be D. Error of jurisdiction vs. error of judgment
B. Principles of adherence to jurisdiction ousted by any subsequent event even of such chara ter which ● An error of jurisdiction is one which occurs when
should have prevented jurisdiction from attaching in the first the court exercises a jurisdiction not conferred
● General Rule: Jurisdiction, once attached, cannot
instance because jurisdiction has attached and the same shall
be ousted by subsequent happenings or events continue until the final disposition of the case. upon it by law. It may also occur when the court or
although of a character which would have tribunal, although vested with jurisdiction, acts in
prevented jurisdiction from attaching in the first excess of its jurisdiction or with grave abuse of
Continuance of jurisdiction is not affected by the discretion amounting to lack of jurisdiction.
instance, and the court retains jurisdiction until it
following: ● An error of judgment presupposes that the court
finally disposes of the case.
(a) Surrender of the property does not divest the court is vested with jurisdiction over the subject matter of
● Exception: Unless otherwise stated by the
of jurisdiction; the action but in the process of exercising that
substantive law which amended or repealed the
(b) Subsequent filing of notice of appeal; jurisdiction, it committed mistakes in the
law on jurisdiction at the time that the case was
(c) Respondent judge ceased to be in the office during appreciation of the facts and the evidence
filed in the original court OR when the change of
the pendency of the case; and leading to an erroneous judgment. As long as
jurisdiction is curative in nature.
(d) Resignation of the complaining party after the filing the court acts within its jurisdiction, any errors
of the administrative complaint. committed in the exercise of its discretion will
Illustration:
● RA 11576 amended BP 129 on jurisdiction. The amount to nothing more than mere errors of
Note: Even the finality of the judgment does not totally judgment.
amendment did not mean that all cases falling
deprive the court of jurisdiction over the case. What the
within the jurisdiction of MTC as enumerated under
court loses is the power to amend, modify, or alter the Note: An error of judgment is one which the court may
commit in the exercise of its jurisdiction. An error of

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

jurisdiction renders an order or judgment void or Objective: the doctrine of primary jurisdiction is to guide the (5) Where the question involved is purely legal and
voidable. court in determining whether it should refrain from will ultimately have to be decided by the courts of
➔ Errors of jurisdiction are reviewable on certiorari; exercising its jurisdiction until after an administrative agency justice;
errors of judgment, only by appeal has determined some question or some aspect of some (6) Where judicial intervention is urgent;
question arising in the proceedings before the court. (7) When its application may cause great and
Test of Jurisdiction (Unduran v. Aberasturi) irreparable damage;
(Salvador v. Patricia) (8) Where the controverted acts violated the due
➔ Is whether or not the court or tribunal had the Examples: process;
power to enter on the inquiry, not whether or not its ● Agrarian Reform Cases -– Department of Agrarian (9) When the issue on non-exhaustion of
conclusions, in the course thereof, were correct, Reform Adjudicatory Board (DARAB) administrative remedies has been rendered moot;
for the power to decide wrongly as well as rightly. ● Money claims against government agencies and (10) When there is no other plain, speedy and
◆ Lack of power to act at all – judgment instrumentalities — Commission on Audit under adequate remedy;
void. Commonwealth Act No. 327, as amended by Sec. (11) When strong public interest is involved; and
◆ Lack of the power to render erroneous 26 of P.D. 1445 (12) In quo warranto proceedings.
decisions – judgment valid until set aside. ● Cases involving the employment status of
employees as within its field of expertise — Civil F. Objections to jurisdiction over the subject
E. Doctrine of primary jurisdiction and doctrine Service Commission matter, when raised vs. waiver of issue in
exhaustion of administrative remedies ● Issues in labor situations is vested in jurisdiction
Doctrine of primary jurisdiction Doctrine exhaustion of
Mediator-Arbiter — Department of Labor and
administrative bodies Employment (DOLE) WHEN RAISED
● Disputes regarding the validity of circulars ➔ Jurisdiction over the subject matter may be raised
Emphasizes the initial conferment Emphasizes the procedural implementing the GSIS law — GSIS Board at any stage of the proceedings, even for the
of jurisdiction over a particular requirements which a party should
matter to an administrative body follow before seeking judicial relief. first time on appeal. (Calimlim v. Ramirez)
before a court could exercise EXCEPTIONS OF DOCTRINE OF EXHAUSTION OF ➔ Note: Even if the parties did not raise the issue of
jurisdiction over the same.
REMEDIES: jurisdiction, the reviewing court, on appeal, is not
● The courts cannot, and will not, resolve a (International Service for the Acquisition of Agri-Biotech precluded from ruling that the lower court had
controversy involving a question which is Applications Inc. v. Greenpeace Southeast Asia) no jurisdiction over the case.
within the jurisdiction of an administrative (1) Where there is estoppel on the part of the party ◆ Whenever it appears that the court has no
tribunal, especially where the question demands invoking the doctrine; jurisdiction over the subject matter, the
the exercise of sound administrative discretion (2) Where the challenged administrative act is actions shall be dismissed. This
requiring the special knowledge, experience and patently illegal, amounting to lack of jurisdiction; defense may be interposed at any time:
services of the administrative tribunal to determine (3) Where there is unreasonable delay or official (1) During appeal; or
technical and intricate matters of fact. inaction that will irretrievably prejudice the (2) Even after final judgment.
(International Service for the Acquisition of complainant; ➔ Reason: Jurisdiction is conferred by law, and lack
Agri-Biotech Applications Inc. v. Greenpeace (4) Where the amount involved is relatively small of it affects the very authority of the court to take
Southeast Asia) so as to make the rule impractical and oppressive; cognizance of and render a judgment on the
action. Not for the parties to set aside.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

WAIVER OF ISSUE IN JURISDICTION ● Doctrine of non-interference or doctrine of

Original Appellate
● While it is true that jurisdiction over the subject judicial stability
matter may be raised at any stage of the Actions or proceedings are Court’s power to review a case ○ Courts of equal and coordinated
proceedings since it is conferred by law, it is, filed with it. on appeal. jurisdiction cannot interfere with each
nevertheless, settled that a party may be barred other’s order.
from raising it on the ground of estoppel. ○ E.x. RTC Branch 1 cannot reverse the
Exclusive Concurrent
order of RTC Branch 2.
Landmark Case: Tijam vs. Sibonghanoy4 One court has the power to More than one court may take ○ Can RTC Branch 1 instruct RTC Brance
adjudicate a case to the jurisdiction over the case. 2? – No
The Supreme Court barred a belated objection to jurisdiction
exclusion of all other courts.
that was raised by a party only when an adverse decision was
The power of different courts
rendered by the lower court against it and because it raised the H. ASPECTS OF JURISDICTION
Precludes the idea of to take cognizance of the
issue: (a) Jurisdiction over the Subject Matter
co-existence and refers to same subject matter.
(a) only after almost 15 years and
(b) after seeking affirmative relief from the court and
jurisdiction possessed to the (b) Jurisdiction over the Parties
exclusion of others. Where there is concurrent (c) Jurisdiction of the issues of the case; and
(c) after actively participating in all stages of the
jurisdiction, the court first,
proceedings. (d) Jurisdiction over the res or the thing
taking cognizance of the case,
assumes jurisdiction to the involved in the litigation.
The doctrine is based upon grounds of public policy and is
exclusion of other courts.
principally a question of the inequity or unfairness of
permitting a right or claim to be enforced or asserted.
(1) Jurisdiction over the Subject Matter
Aside from belated objection to jurisdiction, one fact pattern Original Exclusive Original Concurrent
common among the cases, wherein the Court invoked estoppel
to prevent a party from questioning jurisdiction, is a party’s Dun lang talaga pwede ifile Pwede sa RTC pwede rin sa ● How conferred?
active participation in all stages of the case. This SC. paunahan nalang ○ Jurisdiction over the subject matter is
participation includes involving the authority of the court in conferred by law (substantive law),
seeking affirmative relief, and questioning the court’s determined by the allegations in the
jurisdiction only after receiving a ruling adverse to his case, complaint and the reliefs as prayed by
General Special
for the purpose of annulling everything done in the trial in which the pleader/ those in the complaint which
he has actively participated.
➔ Active participation of a party before a court is Courts do not have limits on Courts which have power to comprise a concise statement of the
tantamount to recognition of that court’s jurisdiction the types of cases they can try only certain kinds of cases. ultimate facts constituting the plaintiff's
and willingness to abide by the court’s resolution. hear. cause of action. (Medical Plaza Makati
(Torres v. Aruego) Condominium v. Cullen, G.R. No.
Those with competence to 181416 (2013)
decide on their own jurisdiction
○ Jurisdiction over the subject matter is
G. KINDS OF JURISDICTION and to take cognizance of all
cases, civil and criminal or a the power to hear and determine cases
particular nature. of the general class to which the
proceedings in question belong and is
conferred by the sovereign authority
which organizes the court and defines its
powers. (Mitsubishi Motors v. Bureau of
4 Customs, G.R. No. 209830, June 17,
Waiver of objection on jurisdiction over the subject matter. (Tijam vs. Sibonghanoy)
2015)

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

Note: There is a general law for us to know what court ● Jurisdiction and Cause of Action
must exercise exclusive and original jurisdiction or even
Jurisdiction Cause of Action
appellate jurisdiction.
The power or authority of a The act or omission of a
➢ Cannot be: court. It is the authority to hear person violative of the rights of
○ Granted by the agreement of the parties; and determine a cause – the others.
○ Acquired, waived, enlarged, or diminished right to act in case.
by any act or omission of the parties; or
○ Conferred by the acquiescence of the
courts.

● Importance and duty of the court to dismiss an

action for lack of jurisdiction over the subject
matter:
❖ Sec 1, Rule 9
The relevant provision of the Rules of Court, as
amended by A.M. No. 19-10-20-SC, provides
that: “x x x when it appears from the pleading
or the evidence on record that the court has
no jurisdiction over the subject matter, x x x
the court shall dismiss the claim.”

Note:
● Even if the question of jurisdiction over the
subject matter was not raised by either of
the parties.
● Void, even where the court in good faith
believes that the subject matter is within its
jurisdiction.
● The only authority that the court has under
these circumstances is to order such
dismissal. It would be an error for that
court to refer or forward the case to
another court with the proper
jurisdiction.

○ It is important that a court or tribunal

should first determine whether or not it
has jurisdiction over the subject matter
presented before it, considering that any
act that it performs without jurisdiction
shall be null and void, and any binding
legal effect. (Bilag v. Ay-ay)

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

extraneous facts and circumstances or NB: Failure to state a cause of action is not the same as
other matters aliunde are not considered. lack of cause of action; the terms are not interchangeable.
FIRST CONSIDERATION: DETERMINE IF THE
PARTIES HAS A CAUSE OF ACTION
WARNING! Failure to state a cause of action No Cause of Action

CAUSE OF ACTION 2019 Amendments to the 1977 Rules on Civil Under Rule 8 of the Rules of Court,
as amended by A.M. No.
● Insufficiency of factual
basis for the action.
Procedure now prohibits motion to dismiss based on the
19-10-20-SC:
Section 1, Rule 2. Ordinary civil actions, basis of - Every ground that the pleading asserting the claim states no
ordinary civil action must be based on a cause of action. cause of action. The rule now is to RAISE THE SAID ● Insufficiency of
GROUND AS AN AFFIRMATIVE DEFENSE IN THE pleading
● Affirmative defense
Section 2, Rule 2. Cause of action, defined. - A cause of ANSWER. Failure to raise the ground at the earliest
action is the act or omission by which a party violates a opportunity shall constitute as the WAIVER thereof. The NB: The veracity of the allegations
right of another. court shall motu proprio resolve the same within 30 would be material only when the
calendar days from the filing of the answer. (Sec. 12, Rule 8 motion to dismiss is based on lack
of cause of action in a demurrer to
of the Rules of Court as amended by A.M. No. evidence under Rule 33.
❖ Elements: LRA 19-10-20-SC)
(1) A legal right in favor of the plaintiff;
(2) A correlative legal duty of the defendant to respect
such rights; and Illustration (Bar 2013): Even if it be true that the plaintiff SPLITTING A SINGLE CAUSE OF ACTION
(3) An act or omission by such defendant in violation has a cause of action for forcible entry, if he, in his
of the right of the plaintiff with a resulting injury or complaint, fails to allege the essential elements of a Section 3, Rule 2. One suit for a single cause of
damage to the plaintiff for which the latter may forcible entry case, his complaint will fail to state a cause action. - A party may not institute more than one suit for
maintain an action for the recovery of relief from of action. a single cause of action.
the defendant.
Section 4, Rule 2. Splitting a single cause of action;
NB: Right to File an Action — having a cause of action is effect of - If two or more suits are instituted on the basis
not sufficient, it must be coupled with the right to file an FAILURE TO STATE A CAUSE OF ACTION VS. of the same cause of action, the filing of one or a
action. It is not right to say that having a cause of action NO CAUSE OF ACTION judgment upon the merits in anyone is available as a
ground for the dismissal of the others.
means that you can immediately enforce it. You must have
first the right to file an action.
➔ E.g. you have a cause of action as your friend Q: Is failure to state a cause of action the same with no
❖ Purpose of prohibition:
failed to pay his loan to you after 12 years. You cause of action?
➢ The practice of splitting a single cause of
may have a cause of action but you no longer have ➔ No. A plaintiff may have a cause of action against
action is discouraged because it breeds
the right to file an action because it is already a defendant. However, if the cause of action is not
multiplicity of suits, clogs the court
barred by prescription. properly alleged in the complaint, the complaint
dockets, leads to vexatious litigation,
failed to state a cause of action. If there is really no
operates as an instrument of
❖ Test on whether or not the complaint states a cause of action on the part of the plaintiff, the
harassment, and generates
cause of action: defendant can raise the ground of failure to state a
unnecessary expenses to the parties.
➢ “Admitting the truth of the facts alleged, cause of action as an affirmative defense in the
can the court render a valid judgment in answer. The concept of no cause of action could
❖ Applicability:
accordance with the prayer?” To be taken be best determined after the plaintiff has presented
➢ Applies not only to complaints but also to
into account are only the material his or her evidence.
counterclaims and cross-claims.
allegations in the complaint;

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

❖ Effect: be joined in a complaint involving multiple

➢ Ground for dismissal of others. Either of causes of action falls within the jurisdiction of parties, the following must be complied
the first or second case. said court and the venue lies therein; and with:
(d) Where the claims in all the causes of action are (a) The right to relief must arise out
❖ Examples: principally for recovery of money, the aggregate of the same transaction or series
amount claimed shall be the test of of transactions; and
First Case: Ejectment case jurisdiction.
Second Case: Action for damages (b) There must be a question of law
➔ Not proper. Splitting of a single cause of action. or fact common to all parties.
❖ Definition:
➢ It is the process of uniting two or more ➢ This rule applies only when there are two
First Case: Ejectment case demands or rights of action in one action. or more plaintiffs and/or two or more
Second Case: Action for damages due to assault and incurred defendants.
medical expenses. ➢ Examples:
❖ Joinder of cause of action with the same
➔ Proper. Two rights are violated which gives rise to two
causes of action. plaintiff and against the same defendant: C is the creditor of D for 350K and also E for 375K.
➢ It is not necessary to ask whether or not Both debts are due and these debts have been
the cause of actions arose out of the contracted separately. May C join D and E as
First Case: Action against the owner of taxicab for breach of same transaction or series of transactions defendants in the same complaint?
contract of carriage. and that there exists a question of law or ➔ No. Where a party sues two or more
Second Case: Action against the driver of the taxi for fact common to all parties. defendants, it is necessary for the cause of
quasi-delict. ➢ Example: action to arise out of the same transaction or
➔ Proper. series of transactions and that there must be
D is the debtor of C for 350K due on January 5, 2018. a question of law or fact common to all
D likewise owes C another 350K due on February 13, parties. Hence, each cause of action
First Case: Action for collection of half of the amount loaned. 2018. Both debts are evidenced by promissory notes should be subject to a separate
Second Case: Action for collection of the other half of the and incurred for different reasons. D has not paid the complaint.
amount loaned. debts upon demands.
➔ Not proper. The other half amount is deemed waived. ➔ Under the rule on joinder of causes of P - Passenger
action, C may file a single suit against D for O - Owner of the Bus
collection of both debts despite the claims D - Driver of the Bus
JOINDER OF CAUSE OF ACTION being actually separate causes of actions
and having arisen out of different P sustained injuries when the vehicle fell into a ditch
Section 5, Rule 2. Joinder of causes of action. - A party transactions. by the roadside. May P, as plaintiff, join O and D as
may in one pleading assert, in the alternative or ➔ However, C is not obliged to do so. He defendants in the same complaint based on a
may file a single suit for each claim, if he quasi-delict?
otherwise, as many causes of action as he may have
desires, because each debt is a separate ➔ Yes, the liability of O and that of D arose out
against an opposing party, subject to the following cause of action. Joining causes of action of the same accident which gave rise to a
conditions: is not compulsory. It is merely common question of law or fact.
(a) The party joining the causes of action shall permissive. (Bar 1999) ➔ Note that the existence of contractual
comply with the rules on joinder of parties; relationship does not preclude a suit based
(b) The joinder shall not include special civil on a quasi-delict. O may be sued under a
actions or actions governed by special rules; quasi-delict, as an employer of D if P so
(c) Where the causes of action are between the NB: Take note that the joinder shall not include Special desires. (Article 2180 of the Civil Code;
same parties but pertain to different venues Civil Actions. Air France v. Carrasco)
or jurisdictions, the joinder may be allowed
in the Regional Trial Court provided one of the ❖ Joinder when there are multiple parties:
➢ Before a cause of action and parties can

JDROXAS PAGE 9
 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

MISJOINDER OF CAUSE OF ACTION the assailed act pertained to its rule-making or

quasi-legislative power. units adjoin each other and the parties
thereto agree to submit their differences to
Section 6, Rule 2. Misjoinder of causes of action. -
RATIONALE: amicable settlement by an appropriate Lupon;
Misjoinder of causes of action is not a ground for
● Separation of powers which enjoins upon the g. Such other classes of disputes which the
dismissal of an action. A misjoined cause of action
judiciary becoming policy of non-interference with President may determine in the interest of
may, on motion of a party or on the initiative of the court,
matters coming primarily within the competence of justice or upon the recommendation of the
be severed and proceeded with separately.
other departments. It also intends to provide less Secretary of Justice. The court in which
expensive and more speedy solutions to disputes. non-criminal cases not falling within the
❖ Remedy authority of the lupon under this Code filed may,
➢ Can be severed and proceeded with EFFECTS OF FAILURE TO EXHAUST ADMINISTRATIVE at any time before trial, motu proprio refer the
separately upon motion by a party or REMEDIES: case to the lupon concerned for amicable
upon the court’s own initiative. ● It would be susceptible to dismissal since a settlement.
➢ NOT A GROUND FOR DISMISSAL. ground for affirmative defense is that of the failure
■ If the plaintiff refuses to severe to comply with a condition precedent. The court in which a non-criminal case is filed may motu
the misjoined cause of action as proprio refer the case, at any time before trial, to the
ordered by the court, the (2) Referral to the Katarungang Pambarangay Lupon concerned for amicable settlement,
complaint may be dismissed notwithstanding the foregoing Rules and even if the case
conformably with the mandate of does not fall within the authority of the Lupon (Section
Section 3 of Rule 17 which KATARUNGANG PAMBARANGAY 408, LGC).
authorizes the dismissal of a
complaint for, among others, All disputes involving parties who actually reside in
ZAMORA v. HEIRS OF IZQUERDO: The primordial aim of
failure to comply with the the same city or municipality may be the subject of
the Katarungang Pambarangay Law is to reduce the
order of the court. (Salvador v. the proceedings for amicable settlement in the
number of court litigations and prevent deterioration of the
Patricia, Inc.,) barangay except;
quality of justice which has been brought about by the
a. Where one party is the government, or any
indiscriminate filing of cases in the courts.
subdivision or instrumentality thereof;
b. Where one party is a public officer or
SECOND CONSIDERATION: DETERMINE IF THERE IS employee, and the dispute relates to the RULES ON VENUE
A CONDITION PRECEDENT performance of his official functions;
c. Offenses punishable by imprisonment When both parties are residents of the same Barangay:
(1) Exhaustion of Administrative Remedies exceeding one (1) year or a fine exceeding barangay where they both reside.
➢ Before a party can invoke the jurisdiction of the P5,000;
courts of justice, he is expected to have exhausted d. Offenses where there is no private offended PERSONAL ACTIONS When parties are not residents
party; of the same barangay but
all means of administrative redress afforded to him
e. Where the dispute involves real properties residents of the same city or
by law. municipality: Barangay of
located in different cities or municipalities respondent — to make
WHEN APPLICABLE: unless the parties thereto agree to submit their execution of an arbitral award
● When there is competence on the part of the differences to amicable settlement by an more practical, it is better to
administrative body to act upon the matter appropriate Lupon; file it in the barangay of the
complained of. It applies only where the act of the f. Disputes involving parties who actually respondent.
administrative agency concerned was performed reside in barangays of different cities or ● Venue at the option
municipalities, except where such barangay of the complainant
pursuant to its quasi-judicial function and not when

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 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

REAL ACTIONS Regardless of the residence of to the: a. Original defending title of the case and shall be deemed to be the real
the parties, the proper a. Claiming party b. Defendant in the property in interest. A representative may be a
barangay to lodge the case at b. Counter-claimant counterclaim trustee of an expert trust, a guardian, an executor
is the barangay where the
property is located.
c. Third (fourth, c. Cross defendant or administrator, or a party authorized by law or
etc.)-party plaintiff d. Third (fourth, etc.) these Rules. An agent acting in his own name and
defendant for the benefit of an undisclosed principal may sue
(3) Suits between the members of the Family or be sued without joining the principal except
➢ Suits between members of the same family
b. JURIDICAL PERSONS when the contract involves things belonging to the
earnest efforts toward a compromise must be principal.
undertaken when the suit is between members of
the same family and if no efforts were in fact made, B. PARTIES IN INTEREST - Some actions may be allowed to be
the case must be dismissed. (Article 151, FC) a. REAL PARTIES IN INTEREST prosecuted or defended by a representative or
SECTION 2, RULE 3: A real party in interest is the someone acting in a fiduciary capacity like a
party who stands to be benefitted or injured by the trustee of an express trust, a guardian, an
THIRD CONSIDERATION: DETERMINE THE PARTIES
judgment in the suit or the party entitled to the executor or administrator, or a party
avails of the suit. Unless otherwise authorized by authorized by law or by the Rules.
A. WHO MAY BE PARTIES? law or these Rules, every action must be - The representative should also be stated in
PROSECUTED or DEFENDED in the name of the the title or caption stipulating that he was
SECTION 1, RULE 3: Only NATURAL and merely representing the real party in interest.
JURIDICAL persons, or entities authorized by law real party in interest. - In the verification, the representative shall
may be parties in a civil action. sign as an Attorney-in-fact
a. NATURAL PERSON i.
REAL PARTY IN INTEREST - Agent — there is a need of an SPA
STANDING OF MARINE MAMMALS: Stewards who PLAINTIFF v. REAL PARTY - Administrator or executor – court order
are natural persons have legal standing. IN INTEREST DEFENDANT - Corporation — board resolution
“It is worth noting that the Stewards are joined as real NB: An affiant is a person who is the author of an
parties in the petition and not just in representation REAL PARTY IN REAL PARTY IN affidavit, who swears to the truth and accuracy of the
of the name cetacean species. The Stewards, Ramos INTEREST PLAINTIFF INTEREST statements made in the affidavit. The person making
and Eisma-Osorio, having shown in their petition that DEFENDANT the signed statement takes an oath that the contents
there may be possible violation of laws concerning the are true to the best of their knowledge.
habitat of the Resident Marine Mammals, are Owner of the right Person responsible for
therefore declared to possess the legal standing to file violated the violation D. SPOUSES AS PARTIES
this petition. GENERAL RULE: Husband and wife shall sue or be
NOTA BENE: The need to give the Resident Marine b. MATERIAL INTEREST sued jointly.
Mammals legal standing has been eliminated by the i. RAPID CITY REALTY v. EXCEPTIONS:
Rules of Procedure for Environmental cases which PAES-CLINE a. A spouse without just cause abandons the
allow any Filipino citizen, through the filing of a other or fails to comply with his or her
“citizen suit.” C. REPRESENTATIVE AS PARTIES obligation to the family with respect to the
marital, parental, or property relations
SECTION 3, RULE 3: Where the action is allowed (Article 101 and 108, FC).
PLAINTIFF DEFENDANT to be prosecuted and and defended by a b. A spouse may mortgage, encumber, alienate,
representative or someone acting in a fiduciary or dispose of his or her exclusive property and
The term plaintiff may refer The term defendant may re capacity, the beneficiary shall be included in the

JDROXAS PAGE 11
 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

appear alone in court to litigate (Article 111, - Example: An illegitimate child in an action for responsibility of impleading all the
FC). parting of the intestate estate of his mother or indispensable parties rests on the PLAINTIFF.
c. Separation of property governs the property father.
relations of the spouses (Article 145, FC). NOTA BENE: Defendant has no right to compel the
a. WHO ARE INDISPENSABLE plaintiff to prosecute the action against a party he
E. MINOR OR INCOMPETENT PARTIES does not wish to do so, but he will have to suffer the
SECTION 5, RULE 3: A minor or incompetent may An indispensable party is the party whose legal consequences of any error he might commit.
sue or be sued with the assistance of his father, presence in the proceeding is so necessary that "the c. EFFECT OF NON-JOINDER OR
mother, guardian, or guardian ad litem. action cannot be finally determined" without him or INDISPENSABLE PARTIES TO AN
- Guardian ad litem — person appointed by a her because his or her interests in the matter and ACTION
court to look after and protect the interest of in the relief "are so bound up with that of the other 1. Any decision rendered by a court without first
someone who is unable to take care of parties." obtaining the required jurisdiction over the
themselves. Mariano Heirs are not indispensable parties and indispensable parties is null and void for
are at best necessary parties as they may be want of jurisdiction, not only as to the absent
F. PERMISSIVE JOINDER OF PARTIES considered as material witnesses to the action. parties but even as to those present.
2. Finding on appeal that indispensable
SECTION 6, RULE 3: All persons in whom or parties have not been joined, all subsequent
against whom any right to relief in respect to or b. COMPULSORY JOINDER OF actions of the lower courts are null and void
arising out of the same transaction or series of INDISPENSABLE PARTIES for lack of jurisdiction. The case should be
transactions is alleged to exist, whether jointly, remanded to the trial court for the inclusion
severally, or in the alternative, may, except as SECTION 7, RULE 3: Parties in interest without of indispensable parties.
otherwise provided in these Rules, join as plaintiffs who, no final determination can be had of an action NOTA BENE: Inclusion of an indispensable party is a
or be joined as defendants in one complaint, where shall be joined either as plaintiffs of defendants. jurisdictional requirement.
any question of law or fact common to all such - Mandatory and the courts cannot proceed - If a complaint or petition is not brought in the
plaintiffs or to all such defendants may arise in the without their presence. name or against an indispensable party, a
action; but the court may make such orders as may - “If there is a failure to implead an MOTION TO DISMISS may be filed on the
be just to prevent any plaintiff or defendant from indispensable party, any judgment rendered ground that the complaint STATES NO
being embarrassed or put to expense in connection would have no effectiveness. A decision valid CAUSE OF ACTION.
with any proceedings in which he may have no on its face cannot attain real finality where - HOWEVER, an outright dismissal is not the
interest. there is want of indispensable parties.” immediate remedy because the non-joinder or
a. PANTRANCO NORTH EXPRESS v. - Whenever it appears to the court IN THE misjoinder of parties is NOT A GROUND FOR
STANDARD INSURANCE COURSE OF A PROCEEDING that an DISMISSAL OF AN ACTION.
indispensable party has not been joined, it - Aside from dismissing the complaint or
G. INDISPENSABLE PARTIES has the duty to stop the trial and order the denying the motion, it may order the
- A real party in interest without whom no final inclusion of such party. amendment of the pleadings.
determination can be had of an action. - The absence of an indispensable party - It is when the order of the court to implead an
- One where interest is the subject matter of renders all subsequent actuations of the indispensable party goes unheeded may the
the suit and the relief sought are so court null and void, for want of authority to case be dismissed.
inextricably intertwined with the other parties act not only as to the absent parties, but even REMEDY: To implead the party claimed to be
that his LEGAL PRESENCE AS A PARTY TO to those present. Accordingly, the indispensable, considering that parties may be added
THE PROCEEDING is absolutely necessary. BY ORDER OF THE COURT, ON MOTION of the

JDROXAS PAGE 12
 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

party, or on ITS OWN INITIATIVE AT ANY STAGE prejudice to the rights of such necessary party. - RIANO: Unwilling co-plaintiff is a party who
OF THE ACTION. is supposed to be a plaintiff but whose
NOTA BENE: Joinder of necessary parties is not consent to be joined as a plaintiff cannot be
H. NECESSARY PARTY mandatory. obtained as when he refuses to be a party to
SECTION 8, RULE 3: A necessary party is one who - If the reason given for the non-joinder of the the action.
is not indispensable but who ought to be joined as necessary party is found by the court to be
a party if complete relief is to be accorded as to unmeritorious, it may order the pleader to J. MISJOINDER AND NON-JOINDER OF
those already parties, or for a complete join the omitted party if jurisdiction over his PARTIES
determination or settlement of the claim subject of person may be obtained (Sec. 9) SECTION 11, RULE 3: Neither misjoinder nor
the action. DUTY OF THE PLEADER: Whenever in any pleading non-joinder of parties is ground for dismissal of an
- Final determination of the case can be had in which a claim is a necessary party is not joined, the action. Parties may be dropped or added by order of
among the parties already impleaded where a pleader shall set forth his name, if known, and shall the court on motion of any party or on its own
necessary party, for some JUSTIFIABLE state the way he is omitted. initiative at any stage the action and on such terms
REASON, is not joined. as are just. Any claim against a misjoined party
- Should be joined so that those already a party WHEN COURT MAY ORDER JOINDER OF may be severed and proceeded with separately.
may obtain COMPLETE RELIEF. NECESSARY PARTY: Should the court find the - Only applicable if there are two or more
● Joint debtor – if complete relied is to be reason for the omission unmeritorious, it may order plaintiffs or two or more defendants (Opinion
accorded the inclusion of the omitted necessary party if lang to ni Judge Nagpala)
jurisdiction over his person may be obtained.
a. NECESSARY PARTY v. PROPER K. CLASS SUIT
PARTY EFFECT OF FAILURE TO COMPLY WITH THE SECTION 12, RULE 3: When the subject matter of
ORDER OF THE COURT: The failure to comply with the controversy is one of common or general
b. NON-JOINDER OF NECESSARY the order of the court to include a necessary party, interest to many persons so numerous that it is
PARTIES TO BE PLEADED without justifiable cause, shall be deemed a waiver of impracticable to join all as parties, a number of
SECTION 9, RULE 3: Whenever in any pleading in the claim against such party (Sec. 9) — it would result them which the court finds to be sufficiently
which a claim is asserted a necessary party is not to splitting of a single cause of action numerous and representative as to fully protect the
joined, the pleader shall set forth his name, if EFFECT OF JUSTIFIED NON-INCLUSION OF A interests of all concerned may sue or defend for the
known, and shall state why he is omitted. Should NECESSARY PARTY: The non-inclusion of a benefit of all. Any party in interest shall have the
the court find the reason for the omission necessary party does not prevent the court from right to intervene to protect his individual interest.
unmeritorious, it may order the inclusion of the proceeding in the action, and the judgment rendered
omitted necessary party if jurisdiction over his therein shall be without prejudice to the rights of a. REQUISITES
person may be obtained. such necessary party. ● The subject matter of the controversy must be
The failure to comply with the order for his of common or general interest to many
inclusion, without justifiable cause, shall be I. UNWILLING CO-PLAINTIFF persons
deemed a waiver of the claim against such party. SECTION 10, RULE 3: If the consent of any party ● The persons are so numerous that it is
who should be joined as plaintiff can not be impracticable to joining all as parties
The non-inclusion of a necessary party does not obtained, he may be made a defendant and the ● The parties actually before the court are
prevent the court from proceeding in the action, reason therefor shall be stated in the complaint. sufficiently numerous and representative as
and the judgment rendered therein shall be without to fully protect the interest of all concerned

JDROXAS PAGE 13
 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

● The representatives sue or defend for the c. JUANA COMPLEX v. FIL-ESTATE USE OF A FICTITIOUS NAME: The plaintiff can use a
benefit of all. LAND fictitious name because of the ignorance of the
defendant’s true name. But he must have an
b. IN ENVIRONMENTAL CASES NECESSARY ELEMENTS FOR MAINTENANCE OF identifying description (unknown owner, heir, devisee,
SECTION 5, RULE 2 of A.M. No. 09-6-8-SC: CLASS SUIT: or other designations). Then amend the pleading once
Section 5. Citizen suit. — Any Filipino citizen in a. Subject matter of controversy is one of the name of the unknown defendant has been
representation of others, including minors or common or general interest discovered.
generations yet unborn, may file an action to b. Numerous parties that it is impracticable to N. ENTITY WITHOUT JURIDICAL
enforce rights or obligations under environmental bring them all to court PERSONALITY AS DEFENDANT
laws. Upon the filing of a citizen suit, the court c. Parties bringing the class suit are
shall issue an order which shall contain a brief sufficiently numerous or representative of SECTION 15, RULE 3: When two or more persons
description of the cause of action and the reliefs the class and can fully protect the interest not organized as an entity with juridical personality
prayed for, requiring all interested parties to of all concerned. enter into a transaction, they may be sued under
manifest their interest to intervene in the case - The suit clearly benefits all commuters and the name by which they are generally or commonly
within fifteen (15) days from notice thereof. The motorists who use La Paz Road. known.
plaintiff may publish the order once in a newspaper
of a general circulation in the Philippines or furnish L. ALTERNATIVE DEFENDANTS In the answer of such defendant, the name and
all affected barangays copies of said order. addresses of the persons composing said entity
SECTION 13, RULE 3: Where the plaintiff is must all be revealed.
Citizen suits filed under R.A. No. 8749 and R.A. No. uncertain against who of several persons he is
9003 shall be governed by their respective entitled to relief, he may join any or all of them as O. DEATH OF PARTY; DUTY OF COUNSEL
provisions. defendants in the alternative, although a right to
relief against one may be inconsistent with a right SECTION 16, RULE 3: Whenever a party to a
NO CLASS SUIT: of relief against the other. pending action dies, and the claim is not thereby
a. When the plaintiff has a separate and distinct extinguished, it shall be the duty of his counsel to
injury not shared by other members of the a. PERPETUAL SAVINGS v. FAJARDO inform the court within thirty (30) days after such
class. Each supposed plaintiff has to prove death of the fact thereof, and to give the name and
his own injury. M. UNKNOWN IDENTITY OR NAME OF address of his legal representative or
b. In an action for damages filed by a relative of DEFENDANT representatives. Failure of counsel to comply with
the fatalities in a plane crash. Each has a his duty shall be a ground for disciplinary action.
distinct and separate intention which must be SECTION 14, RULE 3: Whenever the identity or
proven individually. name of a defendant is unknown, he may be sued The heirs of the deceased may be allowed to be
c. An action brought by the following residents as the unknown owner heir devisee, or by such substituted for the deceased, without requiring the
of a town with a population of 2,640 persons other designation as the case may require, when appointment of an executor or administrator and
to recover possession of a holy image because his identity or true name is discovered, the pleading the court may appoint a guardian ad litem for the
the plaintiffs did not represent membership of must be amended accordingly. minor heirs.
the churches they purport to represent and REQUISITES: The court shall forthwith order said legal
that the interest of the plaintiffs conflict with a. There is a defendant representative or representatives to appear and be
those of the other inhabitants who were b. The defendant is unknown. substituted within a period of thirty (30) days from
opposed to the recovery. notice.

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 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

S. ACTION ON CONTRACTUAL MONEY U. NOTICE TO THE SOLICITOR GENERAL

If no legal representative is named by the counsel CLAIMS SECTION 22, RULE 3: In any action involving the
for the deceased party, or if the one so named shall SECTION 20, RULE 3: In case of any transfer of validity of any treaty, law, ordinance, executive
fail to appear within the specified period, the court interest, the action may be continued by or against order, presidential decree, rules or regulations, the
may order the opposing party, within a specified the original party, unless the court upon motion court, in its discretion, may require the appearance
time to procure the appointment of an executor or directs the person to whom the interest is of the Solicitor General who may be heard in person
administrator for the estate of the deceased and the transferred to be substituted in the action or joined or a representative duly designated by him.
latter shall immediately appear for and on behalf of with the original party.
the deceased. The court charges in procuring such V. BRINGING NEW PARTIES — no notes re ito
appointment, if defrayed by the opposing party, T. INDIGENT PARTY
may be recovered as costs.
SECTION 21, RULE 3: A party may be authorized FOURTH CONSIDERATION: DETERMINE THE COURT
P. DEATH OR SEPARATION OF A PARTY WHO to litigate his action, claim or defense as an WHERE THE CASE SHOULD BE FILED
IS A PUBLIC OFFICER indigent if the court, upon an ex parte application
and hearing, is satisfied that the party is one who ● Jurisdiction over the subject matter
SECTION 17, RULE 3: Whenever the identity or has no money or property sufficient and available ○ The power to hear and determine cases
name of a defendant is unknown, he may be sued for food, shelter and basic necessities for himself of the general class to which the
as the unknown owner heir devisee, or by such and his family. proceeding in question belong. (G.R. No.
other designation as the case may require, when L-48652)
his identity or true name is discovered, the pleading Such authority shall include an exemption from ■ Congress determines the
must be amended accordingly. payment of docket and other lawful fees, and of jurisdiction of the courts and
transcripts of stenographic notes which the court under certain circumstances the
Q. INCOMPETENCY OR INCAPACITY, MINORS may order to be furnished him. The amount of the Supreme Court.
docket and other lawful fees which the indigent was ■ The 1987 Constitution also
SECTION 18, RULE 3: If a party becomes exempted from paying shall be a lien on any determines the cases that
incompetent or incapacitated, the court, upon judgment rendered in the case favorable to the should be filed in the Supreme
motion with notice, may allow the action to be indigent, unless the court otherwise provides. Court.
continued by or against the incompetent or ○ It is conferred by law and determined
incapacitated person assisted by his legal guardian Any adverse party may contest the grant of such by the allegations in the complaint
or guardian ad litem. authority at any time before judgment is rendered which comprise a concise statement of
by the trial court. If the court should determine the ultimate facts constituting the
after hearing that the party declared as an indigent plaintiff’s cause of action.
R. TRANSFER OF INTEREST is in fact a person with sufficient income or ■ It cannot be subject to
SECTION 19, RULE 3: In case of any transfer of property, the proper docket and other lawful fees agreement or stipulation of the
interest, the action may be continued by or against shall be assessed and collected by the clerk of parties.
the original party, unless the court upon motion court. If payment is not made within the time fixed ■ If you have a cause of action,
directs the person to whom the interest is by the court, execution shall issue or the payment you must establish in the
transferred to be substituted in the action or joined thereof, without prejudice to such other sanctions complaint that the case could
with the original party. as the court may impose. actually be filed before the court
you are intending to file the
claims.

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 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

cases Modes of Appeal

● Filing a notice of appeal
(2) Concurrent ● Filing a petition for review on certiorari
a. With the Court of Appeals ● Special civil action
● Petitions for writs of certiorari, prohibition,
mandamus against the Civil Service (1) Ordinary Appeal by Notice of Appeal
Commission; and a. From the Court of Appeals, in all criminal
● Petitions for writs of certiorari, prohibition, cases involving offenses which the
mandamus against the National Labor penalty imposed is reclusion perpetua; or
Relation Commission under the Labor a lesser penalty is imposed for offense
Code. committed on the same occasion or which
arose out of the same occurrence that
b. With the Court of Appeals and the gave rise to the more severe offense for
Regional Trial Courts which the penalty of death is imposed;
● Petitions for habeas corpus and b. From the Sandiganbayan, in the exercise
quo warranto of its original jurisdiction in criminal cases
● Actions brought to prevent and
restrain violations of laws (2) By Petition for Review on Certiorari
concerning monopolies and a. Appeals from the Court of Appeals;
combinations in restraint of b. Appeals from the Sandiganbayan on pure
trade. questions of law, except cases where the
penalty imposed is reclusion perpetua, life
c. With the Court of Appeals, imprisonment, or death;
Sandiganbayan and Regional Trial Courts - When the Sandiganbayan
● Petitions for writs of certiorari, renders a decision under its
prohibition, mandamus relating original jurisdiction, the remedy
to an act or omission of a of the accused-appellant is an
Municipal trial court, or of a ordinary appeal. On the other
I. SUPREME COURT
corporation, a board, an officer, hand, if the Sandiganbayan
or person; renders a decision in its
A. Original Jurisdiction
● Petitions for issuance of writ of appellate jurisdiction, the remedy
(1) Exclusive
amparo or “The Rule on the Writ of the accused-appellant is a
● Petitions for issuance of writs or certiorari,
of Amparo”; petition for review on
prohibition, mandamus against the
● Petitions for issuance of writ of certiorari.
following:
habeas data c. Appeals from judgments or final orders of
a. Court of Appeals;
the Regional trial Courts exercising
b. Commission on Elections En
d. With the Regional Trial Court original jurisdiction in the following:
Banc;
● Actions affecting ambassadors i. All cases in which the
c. Commissions on Audit;
and other public ministers and constitutionality or validity of any
d. Sandiganbayan;
consuls treaty, international agreement,
e. Court of Tax Appeals En Banc;
law, presidential decree,
and
B. Appellate Jurisdiction proclamation, order, instruction,
f. Ombudsman in criminal and
ordinance or
non-administrative disciplinary

JDROXAS PAGE 16
 CIVIL PROCEDURE
Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

ii. All cases involving the legality of b. Appeals from the RTC on constitution, tax these are:
any tax, impost, assessment, or or jurisdictional questions involving i. Securities and Exchange
toll, or any penalty in relation questions of fact which should be Commission;
thereto; appealed first to the CA; ii. Office of the President
iii. All cases which the jurisdiction of c. Appeals from the decisions and final iii. Land registration Authority
any lower courts is in issue; orders of the Family Courts; iv. Social Security Commission
iv. All cases in which only an error d. Appeals from the RTC in criminal cases v. Civil Aeronautics Board
or question or question of law is decided by the RTC in exercise of its vi. Intellectual Property Office
involved original jurisdiction, or where the penalty (formerly the Bureau of Patents,
d. Appeals from decisions or final resolution imposed by the RTC is reclusion perpetua Trademarks, and Technology
of the Court of tax Appeals or life imprisonment, or where a lesser Transfer)
penalty is imposed but for offenses vii. National Electrification
committed on the same occasion or which Administration
(3) By Special Civil Action of Certiorari filed within arouse out of the same occurrence that viii. Energy Regulatory Board
30 days from notice of judgment, resolution or gave rise to the more serious offense for ix. National Telecommunications
order sought to be reviewed which the penalty of reclusion perpetua or Commissions
a. COMELEC life imprisonment is imposed;
b. COA e. Direct appeal from land registration and (5) Appeals from the Ombudsman in
cadastral cases decided by Metropolitan administrative disciplinary cases;
Trial Courts, Municipal Trial Courts and (6) Appeals from the National Commission on
II. COURTS OF APPEAL Municipal Circuit Trial Courts based on Indigenous Peoples (NCIP)
their delegated jurisdiction
A. Original Jurisdiction III. REGIONAL TRIAL COURT
(1) Exclusive (2) Special Civil Action of Certiorari (Rule 65)
a. Actions for annulment of judgments of against decisions and final resolutions of the A. Original Jurisdiction
Regional Trial Courts; National Labor Relations Commission. This (1) Exclusive
b. Petition for certiorari, prohibition, and includes the decisions of the Secretary of a. Where the subject of the action is
mandamus involving an act or omission of Labor; incapable of pecuniary estimation
a quasi-judicial agency, unless otherwise (3) Automatic review in cases where the RTC ● Definition — where the primary
provided by law. impose the death penalty; issue is something other than
(4) Petition for review the right to recover a sum of
(2) Concurrent a. Appeals in cases decided by the RTC in money, where the money claim
a. With the Supreme Court the exercise of their appellate jurisdiction; is purely incidental to, or a
b. With the Supreme Court and Regional b. Appeals from decisions of the RTC acting consequence of, the principal
trial Courts as Special Agrarian Courts and appeals relief sought such are actions
c. With the Supreme Court, Sandiganbayan, involving just compensation to the whose subjects are incapable of
and Regional Trial Courts landowners concerned; pecuniary estimation.
c. Appeals from the Civil Service
B. Appellate Jurisdiction Commission;
(1) Ordinary Appeal by Notice of Appeal or Record d. Appeals from awards, judgments, final Example — A is planning to file an action for specific
on Appeal orders, or resolutions of, or authorized by, performance with damages against B, the owner of the
a. Appeals from the RTC, except those quasi-judicial agencies in the exercise of construction firm, to compel him to honor his obligation to
appealable to the Supreme Court; their quasi-judicial functions. Among construct his three storey commercial building under the

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

contract. ➢ In what court should A file the action? — aquiliana against B.

➢ Is the action incapable of pecuniary estimation? Regional Trial Court, the amount exceeds 2M
— Yes, the primary issue does not involve even if it is capable of pecuniary of ➢ What is the nature of A’s action? — The nature
the recovery of money but compliance with estimation. of action is capable of pecuniary estimation
his obligation to construct the commercial which is an action for damages.
building. The recovery of damages is merely ➢ Aside from filing an action for collection of sum
incidental to the action sought to be filed. money against B, can A file a separate action ➢ In what court should A file the action? — RTC,
for damages against B on account of his failure the claim for damages is the main cause of
➢ In what court should A file the action? — to comply with his loan obligation? — No, there action, the amount thereof shall be
Regional Trial Court would be a splitting of a single cause of considered in determining the jurisdiction of
action. the court.
➢ Aside from filing an action for specific
performance against B, can A file a separate Example — A is planning to file an action for collection ➢ Aside from filing an action for collection of sum
action for damages against B on account of his of sum money amounting to P1,500,000.00 with money against B, can A file a separate action
failure to comply with his loan obligation? — No, damages amounting to P1,000,000.00 against B because for damages against B on account of his failure
there would be a splitting of a single cause he failed to satisfy his obligation under their loan to comply with his loan obligation? — No, there
of action. agreement. would be a splitting of a single cause of
action.
➢ What is the nature of A’s action? — The nature
b. ACTIONS CAPABLE OF PECUNIARY
of action is capable of pecuniary estimation Example — A is seeking to recover the following
ESTIMATION/MONEY CLAIM — Other
which is the collection for sum of money damages from B for the collision involving respective
cases where demand, exclusive of
with damages. cars: a) actual damages amounting to P1,500,000.00; b)
interest, damages, attorney’s fees,
moral damages amounting to P500,000.00; and c)
litigation expenses and costs, or value of
➢ In what court should A file the action? — MTC, exemplary damages amounting to P100,000.00.
property in controversy exceeds Two
claim of damages is merely incidental to the
Million Pesos (P2,000,000.00). However,
principal issue of action for collection of ➢ What is the nature of A’s action? — The nature
if the claim for damages is the main
sum of money and not recovery of damages. of action is capable of pecuniary estimation
cause of action, the amount thereof
Basis only is the principal amount, damages which is an action for damages.
shall be considered in determining the
will not be added.
jurisdiction of the court.
➢ In what court should A file the action? — RTC,
➢ Aside from filing an action for collection of sum apply the totality of claim rule, the damages
money against B, can A file a separate action sought to be recovered exceeds 2M.
Example — A is planning to file an action for collection of for damages against B on account of his failure
sum of money amounting to P5,000,000.00 with to comply with his loan obligation? — No, there Example — B borrowed P1,500,000.00 from A payable
damages amounting to P1,000,000.00 against B because would be a splitting of a single cause of on August 2, 2023. B failed to satisfy his obligation when
he failed to satisfy his obligation under the loan action. the due date arrived. A sent a demand letter to pay B
agreement. which he ignored. Consequently, A filed an action for
Example — A was hospitalized for 30 days because of specific performance with damages against B to compel
➢ Is the action incapable of pecuniary estimation? the injuries he sustained when he was sideswept by B, a him to return the sum of money that he borrowed.
— No, action is for recovery of sums of reckless driver. The hospital bill of A reached
money (capable of pecuniary estimation). P3,000,000.00. A is planning to file an action for ➢ What is the nature of the action? — The nature
damages (actual, moral, exemplary etc.,) based on culpa of action is capable of pecuniary estimation

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

interest therein where the assessed value 3. Accion reivindicatoria

(simple money claim). Although the action (indicated in tax declaration) exceeds or accion de
filed is for specific performance with Four Hundred Thousand Pesos reinvindicacion or
damages, the real intention is to recover the (P400,000.00), except for forcible entry revindicatory action,
amount lent to B. and unlawful detainer (the case shall which is an action for
be filed with the MTC). recovery of ownership.
➢ In what court should A file the action? — MTC, ➔ Real Action
the amount sought to be recovered does not ➔ Assessed value must be
exceed 2M. averted in the complaint. ACCION REIVINDICATORIA
◆ If not, the complaint
➢ Can A file a separate action for damages might be dismissed for Example — A is planning to file an action for recovery
against B on account of his failure to comply lack of jurisdiction over of possession of his parcel of land for an assessed
with his obligation? — No, there would be a the subject matter. value of P1,000,000.00 against B who has been
splitting of a single cause of action. ➔ If the tax declaration is unlawfully occupying it for more than 5 years.
attached in the complaint and
the value of the property is not ➢ What is the nature of the action of A? — Real
TEST OF PECUNIARY ESTIMATION Action
● PRINCIPAL ACTION TEST — In determining averted in the body of the
whether an action is one the subject matter of complaint.
◆ Not a ground for ➢ In what court should A file the action? —
which is not capable of pecuniary estimation this Regional Trial Court, because it's an action
Court has adopted the criterion of first dismissal since there is
substantial compliance. for recovery of possession. The facts of the
ascertaining the nature of the principal action question do not indicate action for unlawful
or remedy sought. If it is primarily for the ➔ Three usual actions to recover
possession of real property are: detainer or forcible entry.
recovery of a sum of money, the claim is
considered capable of pecuniary estimation, 1. Accion interdictal or a
summary ejectment UNLAWFUL DETAINER
and whether jurisdiction is in the municipal
trial courts or in the courts of first instance proceeding, which may
be either forcible entry Example — A is planning to file an action for recovery of
would depend on the amount of the claim.
(detentacion) or possession of his parcel of land in the assessed value of
However, where the basic issue is something other
unlawful detainer P1,000,000.00 against B who has been occupying the
than the right to recover a sum of money, where
(desahucio), for the same by mere tolerance for 6 months.
the money claim is purely incidental to, or a
consequence of, the principal relief sought, this recovery of physical or
material possession ➢ What is the nature of the action of A? — Real
Court has considered such actions as cases where
(possession de facto) Action
the subject of the litigation may not be estimated in
terms of money, and are cognizable exclusively by where the
dispossession has not ➢ In what court should A file the action? — MTC,
courts of first instance (now Regional Trial Courts).
lasted for more than “mere tolerance” and dispossession is not
(G.R. No. 212690)
one year. more than one year. Hence, it’s an action for
2. Accion Publiciana or unlawful detainer.
c. MONEY CLAIMS — Actions in admiralty
the plenary action to ○ If it will not be alleged in the complaint
and maritime jurisdiction where demand
recover the better right that dispossession is “by mere
or claim exceeds Two Million Pesos
of possession. tolerance” then it should be filed with
(P2,000,000.00).
(possession de jure); the RTC. Jurisdiction is conferred by
d. REAL ACTION — Actions involving title
and law and determined by the
to, possession of, real property, or any

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

Action for reconveyance of parcel of land ➔ Court – RTC, determine jurisdictional

allegations in the complaint which ● An action for reconveyance, on the other hand, is a amount.
comprise a concise statement of the legal and equitable remedy granted to the rightful
ultimate facts constituting the plaintiff’s owner of land which has been wrongfully or TEST TO DETERMINE IF IT IS A REAL ACTION
cause of action. erroneously registered in the name of another for ● Where the ultimate objective of the plaintiff is to
the purpose of compelling the latter to transfer or obtain title to real property, it should be filed in the
Note: Analyze the question carefully. reconvey the land. proper court having jurisdiction over the assessed
○ Registered land – OCT or TCT was value of the property subject thereof. (Montero vs.
FORCIBLE ENTRY ○ Indefeasible within 1 year. Remedy is Montero)
action for reconveyance of parcels of
Example — A is planning to file an action for recovery of land. Attacking the document which led to ❖ A is planning to file action for annulment of
possession of his parcel of land in the assessed value of the transfer of the property to another contract of sale involving his parcel of land against
P1,000,000.00 against B who dispossessed him thereof person. B because his consent was allegedly obtained
six months through force. ● Grounds: (Uy v. Court of Appeals) through force of intimidation.
○ Based on fraud – within 10 years from the ➔ Nature – Incapable of pecuniary
➢ What is the nature of the action of A? — Real time that the guilty party registered the estimation
Action land in his name. However, the party ➔ Court – RTC
seeking reconveyance is in actual,
➢ In what court should A file the action? — MTC, continuous and peaceful possession of Quieting of title
“through force” and dispossession is not the property involved. ● Real action
more than one year. Hence, it’s an action for ○ Voidable document ● Indispensable requisites must concur, namely: (1)
forcible entry. ○ Void contract the plaintiff or complainant has a legal or an
equitable title to or interest in the real property
Example — A is planning to file an action for recovery of Examples: subject of the action; and (2) the deed, claim,
possession of his parcel of land in the assessed value of ❖ A planning to file an action for reconveyance of his encumbrance, or proceeding claimed to be casting
P100,000.00 with damages amounting to P2,500.000 land against B, who was able = transfer the title to cloud on his title must be shown to be in fact
against B who has been unlawfully occupying the same his name due to fraudulent deed of sale executed invalid or inoperative despite its prima facie
for more than 5 years. between them. The assessed value of the parcel of appearance of validity or legal efficacy.
➢ What is the nature of the action? — Real land is P1M
action. Principal complaint is recovery of ➔ Nature – Real Action Partition of Real Property
possession of land and damages is merely ➔ Court – RTC ● Ultimately real action. Must determine jurisdictional
incidental. amount.
❖ A is the owner of a parcel of land (assessed value ● The Supreme Court held in other cases that it is
➢ In what court should A file the action? — MTC, is 1M.) covered by TCT 123456. B was able to incapable of pecuniary estimation but must
the assessed value does not exceed 400K. obtain a fraudulent deed of sale involving A’s land, determine jurisdictional amounts.
Claim for damages is merely incidental and which he registered in the registry of deeds.
cannot be added. Consequently, TCT 123456 was canceled and a
new title was issued in the name of B. Upon Judicial Foreclosure of mortgage
➢ Can A file a separate action for damages discovering this, A decided to file an action for: ● Ultimately real action. Must determine jurisdictional
against B on account of his failure to comply (1) the cancellation of the fraudulent deed of sale; amount.
with his obligation? — No, there would be a (2) reconveyance of property; and
splitting of a single cause of action. (3) annulment of title and damages. e. Matters of probate, testate or intestate, where gross
➔ Nature – Real Action value of estate exceeds Two Million Pesos

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

manila, the case is a real action. Must be filed with thereof, is situated. plaintiffs resides, or where the
F. cases not within exclusive jurisdiction RTC. if metro manila, must exceeds 50k defendant or any of the principal
defendants resides, or in the
(2) Concurrent Cutoff - if no pre-trial order has yet been issued, shall be case of a non-resident
defendant where he may be
remanded to and heard by the first level court under OCA found, at the election of the
B. Appellate Jurisdiction Circular no. 115 - 2021 plaintiff.

11576 - expanding the jurisdiction of courts

- Real actions, assessed value does not exceed
“Jurisdiction is conferred by the allegations in the 400k. Case filed with MTC Actions incapable of pecuniary estimation is personal action
complaint” for purposes of determining the venue.
During pendency 11676 was enacted. Assessed value of
A planning to file an action for recovery of possession of his property changed I. Venue of real actions
parcel of land with an assessed value of P1M against B who
has been occupying the same with his mere tolerance for 6 Exception:
months. When the change in jurisdiction is curative in character.
● Filed in MTC for unlawful detainer but he did not
allege that it is for mere tolerance.
➔ Case should be dismissed because
jurisdiction is conferred by the allegations

● A filed action with RTC, action for recovery of File in first instance for recovery of money arising from labor Adjoining barangay –
possession but the truth is occupation is mere dispute. During pendency, law enacted transferring
tolerance and not alleged in the complaint. jurisdiction.
➔ The case cannot be dismissed, - Yes, because change in jurisdiction is curative in
jurisdiction is determined by the character
allegations of complaint.

General Rule:
Doctrine of adherence to jurisdiction FIFTH CONSIDERATION: DETERMINE THE VENUE
❖ RTC, assessed value is exceeds 400K
❖ Since the location of the property is not stated,
qualify.
Real Action Personal Action
II. Venue for personal actions
Actions affecting title to or All other actions (Sec. 2, Rule 4).
possession of real property, or
interest therein. (Section 1, Rule 4) In a personal action, the plaintiff
seeks the recovery of personal
Actions affecting title to or property, the enforcement of a
possession of real property, or contract or the recovery of
interest therein, shall be damages.
commenced and tried in the proper
court which has jurisdiction over All other actions may be ● Election is discretionary only in the plaintiff
the area wherein the real commenced and tried where the
BP 129 property involved, or a portion plaintiff or any of the principal
- If the assessed value exceeds 20K not in metro

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

● This rule applies if the defendant is not a resident

of the Philippines, migration, for example.

IV. Written stipulation as to venue

Parties can actually agree as to the venue as to the

❖ RTC, value is more than 2M
possible actions that may be taken between them,
❖ Where the plaintiff or defendant is residing at the
election of the plaintiff. When stipulations as to the venue is PERMISSIVE.
Future court actions against them.

● The parties may file their suit not only in the place
agreed upon but also in the places fixed by law.

❖ RTC incapable of pecuniary estimation

❖ Where the plaintiff or defendant is residing at the ● No, because stipulation is permissive.
election of the plaintiff.

SIXTH CONSIDERATION: FILE INITIATORY

PLEADING

❖ ● No, PLEADINGS ALLOWED

❖ Where the plaintiff or defendant is residing at the
election of the plaintiff. A. Where claims of parties are asserted
1. Complaint;
2. Counterclaim;
3. Cross-claim;
4. Third (fourth, etc)-party complaint; or
III. Venue of actions against non-residents 5. Complaint-in-intervention

B. Where defenses are alleged

● Answer
When stipulations as to the venue is RESTRICTIVE.
● The suit may be filed only in the place agreed upon PARTS OF PLEADING

A. Caption

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

● The caption sets forth the name of court, single set of circumstances so far as that 5. Date
the title of the action, and the docket can be done with convenience. A ● Every pleading shall be dated.
number if assigned. paragraph may be referred to by its ● Non-placement of a date will not amount
● The title of the action indicates the number in all succeeding pleadings. to dismissal because this defect is not
names of the parties. They shall all be 2. Headings fatal.
named in the original complaint or ● When two or more causes of action are
petition; but in subsequent pleadings, it joined, the statement of the first shall be C. Signature
shall be sufficient if the name of the first prefaced by the words “first cause of ➢ Rule: every pleading and other written
party on each side be stated with an action”, of the second by “second cause submissions to the court must be signed
appropriate indication when there are of action” and so on for the others. by the party or counsel representing him
other parties. ● When one or more paragraphs in the or her. The signing of a pleading is not a
● Their respective participation in the case answer are addressed to one of several mere ceremonial act but connotes
shall be indicated. causes of action in the complaint, they indications.
shall be prefaced by th words “answer to ➢ Significance: the signature of counsel
the first cause of action” or “answer to the constitutes a certificate that:
second cause of action” and so on; and 1. Counsel has read the pleading
when one or more paragraphs of the and document; and
answer are addressed to several causes 2. To the best of counsel’s
of action, they shall be prefaced by the knowledge, information, and
words to that effect. belief, formed after an inquiry
reasonable under the
3. NAME OF WITNESSES circumstances:
● Every pleading stating a party’s claims or defense a. The pleading is not being presented
for any improper purpose such as
shall, in addition to those mandated by Section 6, to harass, cause unnecessary
Rule 7, state the following: delay, or needlessly increase the
cost of litigation;
a. Names of witnesses who will be b. The claims, defenses, and other
presented in a party’s claim or defense; legal contentions are warranted by
the existing law or jurisprudence, or
b. Summary of witnesses’ intended by a non-frivolous argument for
testimonies. extending, modifying, or reversing
existing jurisprudence;
c. The factual contentions have
NB: Only real parties of interest can be named. Otherwise, PURPOSE: It is to fasten the trial. So, the defendant will be evidentiary support or it specifically
so identified, will likely have
aware of who the witnesses are, and vice versa.
ground for dismissal. Exception is representation. evidentiary support after availment
of the modes of discovery under the

The non-indication of representation in the caption will be 4. Relief rules; and

d. The denials of factual contentions
allowed if it was presented in the body and an SPA was ● Also called the prayer. are warranted on the evidence or if

attached to the complaint due to substantial compliance. ● The pleading shall specify the relief specifically so identified, are
reasonably based on belief or lack
sought, but it may add a general prayer of information.

B. Body for such further or other relief as may be

1. Paragraph deemed just or equitable. NOTA BENE: Such statements of acknowledgement are not necessary
because these are implied. From the moment the counsel signed the
● The allegations in the body of a pleading NB: If the relief was not alleged, the counsel’s remedy is to amend the pleading, these shall be the effect.
shall be divided into paragraphs so pleading submitted before the Judge would make an action, assuming that he
numbered as to be readily identified, each saw it at the earliest time. ➢ Effect of violation: if the court determines, on
of which shall contain a statement of a motion or motu proprio and after notice and

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

hearing, that this Rule has been violated by any ➢ Additional requirements: ● Answer - it depends
attorney, law firm, or party, it may: 1. A counsel’s address must be stated (Rule ● If not sure if pleading will need
1. Impose an appropriate sanction; or 7, Section 3); not amount to dismissal, it is not fatal verification, just indicate.
2. Refer such violation to the proper office 2. All counsels shall state their Roll of
for disciplinary action. (Office of the IBP) Attorneys number (Under Bar Matter No. ➢ Purpose: the purpose of a verification in the
1132); petition is to secure an assurance that the
NB: a law firm shall be held jointly and solidarily liable for violation, unless the 3. Counsels shall state the number and date allegations of a pleading are true and correct, are
law firm can prove otherwise. Rationale is that a counsel is working for a law
firm, the client is actually a client of the firm. The counsel or law firm cannot
of their official receipt of payment of their not speculative or merely imagined, and have been
pass the obligation of payment of fine to the client. annual membership dues to the IBP for made in good faith. (G.R No. 201044 & 222691)
➔ The mode of determining if the lawyer violated the rules is the current year, in lieu of this, a counsel’s
through a motion filed by the other party or motu proprio (the lifetime membership number may be ➢ Pleadings where verification is required:
Court will act on its own). The court shall require the lawyer to
attend the hearing for him to explain his side and they will stated (Under Bar Matter No. 287); not 1. All pleadings in actions governed by the
amount to dismissal, it is not fatal - court may require the Revised Rule on Summary Procedure
determine whether he violated the rules.
lawyer to submit new pleading
4. A counsel’s professional tax receipt (NB: No longer have Revised Rule on
➢ Extent of sanction: the sanction may include, but number shall be stated (Section 139 of Summary Procedure but the Expedited
shall not be limited to: the Local government Code); not amount to Rules for First Level Court);
1. Non-monetary directive or sanction dismissal, it is not fatal - may be corrected 2. Petition for Relief from Judgment;
(censure or reprimand by the Judge); 5. Counsels shall state their Mandatory 3. Petition for Review (Rules 42 and 43);
2. An order to pay a penalty in court; or Continuing Legal Education Certificate of 4. Motions for Exemption from Payment of
3. If imposed on motion and warrant for Compliance or Certificate of Exemption Docket and Other Lawful Fees and
effective deterrence, an order directing (Under Bar Matter No. 1922); and not Deposits or Costs, in relation to Rule 43;
payment to the movant of part or all of the amount to dismissal, it is not fatal - may be corrected. If 5. Petition for Annulment of Judgment;
the lawyer is not MCLE compliant at all or if he indicated
reasonable attorney’s fees and other fake MCLE - it is fatal but the counsel may be subjected to 6. Application for Injunction;
expenses directly resulting from the disciplinary action and held administratively liable. 7. Petitions for Certiorari, Prohibition, and/or
violation, including attorney’s fees for the 6. The inclusion of a counsel’s contact Mandamus;
filing of the motion for sanction. details, such as telephone number, fax 8. Petition for Review on Certiorari, including
number, cellular phone number and/or motions for provisional remedies thereto;
NB: The lawyer or law firm cannot pass on the monetary penalty to the client. e-mail address (The Supreme Court’s 9. Petitions for Certiorari from COMELEC
RATIONALE: The lawyer should have known better. Resolution in A.M. Bo. 07-6-5-SC) not and COA to SC;
amount to dismissal, it is not fatal
➢ Effect of unsigned pleading: an unsigned 10. Petition for Indirect Contempt;
pleading produces no legal effect. 11. Application for Appointment of Receiver;
○ However, the court may, in its 12. Application for Support Pendente Lite, as
discretion, allow such deficiency to be well as the Comment thereto;
remedied if it shall appear that the same 13. Complaint for Forcible Entry or Unlawful
was due to mere inadvertence and not Detainer;
intended for delay. Counsel who 14. Petition for Quo Warranto;
deliberately files an unsigned pleading, or 15. Complaint for expropriation; and
signs a pleading in violation of the Rule,
or alleges scandalous or indecent matter ➢ Manner: a pleading is verified by an affidavit of an
D. Verification affiant duly authorized to sign said verification and
therein, or fails to promptly report to the ● A pleading must be verified if specially
court a change of his address, shall be shall allege the following attestations:
required by law or the rules. 1. The allegations in the pleading are true
subject to appropriate disciplinary action. ● Complaint - yes and correct based on the affiant;s

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

personal knowledge or based on ➢ Order for submission or correction: ○ the most important factor to ask is
authentic documents; ○ Non-compliance with the Rule on whether the elements of litis
2. The pleading is not filed to harass, cause Verification or a defect therein does not pendencia (sic) are present, or whether
unnecessary delay, or needlessly render the pleading fatally defective. The a final judgment in one case will
increase the cost of litigation; and court may order its submission or amount to res judicata in another, i.e.,
3. The factual allegations therein have correction of the act on the pleading if the whether in the two or more cases
evidentiary support or, if specifically so attending circumstances are such that pending, there is identity of parties, rights
identified will likewise have evidentiary strict compliance Rule may be dispensed or causes of action, and the reliefs
support after a reasonable opportunity for with in order that the ends of justice may sought. (G.R. No. 186730)
discovery. be served. (G.R No. 180986) ■ The requisites of litis
pendentia are:
The signature of the affiant shall further ➢ Substantial Compliance (a) the identity of parties,
serve as a certification of the truthfulness ○ If there are several plaintiffs, all of them or at least such as
of the allegations in the pleading. must sign the verification. Exception is representing the same
(Section 4, Rule 7) Substantial Compliance. interests in both
○ Verification is deemed substantially actions;
complied with when one who has ample (b) the identity of rights
knowledge to swear to the truth of the asserted and relief
allegations in the complaint or petition prayed for, the relief
signs the verification and when matters being founded on the
alleged in the petition have been made in same facts; and
good faith or true and correct. (c) the identity of the two
○ Co-owners share the common interest cases such that
over the co-owned property. judgment in one,
regardless of which
E. Certification Against Forum Shopping party is successful,
NB:
would amount to res
● Party-litigant will be the one signing the
➢ Forum shopping is the institution of two or judicata in the other.
verification. Also not a ceremonial act.
more actions or proceedings involving the
● If the plaintiff is being represented, the
same parties for the same cause of action, NB: Third requisite: In the
representative must sign the verification and
either simultaneously or successively, on the event that one of the courts
indicate that he is signing as representative.
supposition that one or the other court would make render its judgment, it would
● Must be subscribed and sworn before a notary
a favorable disposition. Forum shopping may be amount to res judicata to the
public.
resorted to by any party against whom an adverse other (it would bar or prevent the
judgment or order has been issued in one forum, in filing of another case. Third
➢ Effect of lack of or defective verification: a
an attempt to seek a favorable opinion in another, requisite is working on an
pleading required to be verified shall be treated as
other than by appeal or a special civil action for assumption that eventually one
an unsigned pleading if:
certiorari. (G.R. No. 186730) of the pending cases would be
1. Contains a verification based on
○ “Namamangka sa dalawang (or more decided and it will amount to res
“information and belief”, or upon
than) ilog si plaintiff” judicata to remaining pending
“knowledge and belief”; or
cases.
2. Lacks a proper verification (Section 4,
➢ Test to determine whether a party violated the
Rule 7)
rule against forum shopping ■ On the other hand, res judicata

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

or prior judgment bars a

subsequent case when the P10,000,000.00 against B, a resident of Lingayen, for the recovery of a sum of money amounting to
following requisites are satisfied: Pangasinan with the Regional Trial Court of Baguio City. P10,000,000.00 against B, a resident of Lingayen,
(1) The former judgment is The Regional Trial Court of Baguio City rendered a Pangasinan, with the RTC of Baguio City. After a
final; decision in favor of B which became final and executory. month, A decided to file another case for recovery of a
(2) It is rendered by a court sum of money amounting to P5,000,000.00 based on
having jurisdiction over C, representing A, decided to file another case against B another loan agreement against B with the RTC of
the subject matter and for the recovery of the sum of money, based on the same Baguio City. Is there a litis pendentia?
the parties; loan obligation, with the Regional Trial Court of Lingayen, ➔ None, second requisite is absent because relief
(3) It is a judgment or an Pangasinan. Is there res judicata? prayed for are different.
order on the merits; ➔ Yes, there is res judicata because although C
(4) There is - between the is the one who filed the case, he is still
first and second actions representing A, the real party-in-interest.
NB: Forum shopping is not a ground for dismissal of the
identity of parties, of case. It is actually litis pendencia.
subject matter, and of Example — A filed an action for unlawful detainer
causes of action. against B with the MTC of Lingayen, Pangasinan. The
➢ Forum shopping is not part of the pleading. It’s the
MTC of Lingayen, Pangasinan rendered a decision in
certification against forum shopping.
NB: Litis pendencia and res judicata both involve two or favor of B which became final and executory.
○ A certification against forum shopping is
more cases. For the former, all cases are still pending. only required in initiatory pleadings:
While on the latter, one of the cases involved is already final A decided to file a case for recovery of possession of the
1. Complaint
and executory. same parcel of land with the RTC of Lingayen,
2. Permissive counter-claim
Pangasinan. Is there res judicata?
3. Cross-claim
➔ There is no res judicata because although there
Example — A, a resident of Baguio City, filed an action 4. Third-party complaint
are the same identity of the parties, the cause of
for recovery of a sum of money amounting to 5. Complaint-in-intervention
action and the court where the suit was filed is
P10,000,000.00 against B, a resident of Lingayen, 6. Petitions for Review under Rules
different.
Pangasinan with the Regional Trial Court of Baguio City. 42 and 43
The Regional Trial Court of Baguio City rendered a 7. Petition for Review on Certiorari
Example — A, a resident of Baguio City, filed an action 8. Petition for Annulment of
decision in favor of B which became final and executory. for the recovery of sum of money amounting to Judgment
P10,000,000.00 against B, a resident of Lingayen, 9. Petition for Certiorari under Rule
A decided to file another case against B for recovery of Pangasinan, with the RTC of Baguio City. After a
the sum of money, based on the same loan obligation, 64
month, A decided to file another case for recovery of a 10. Petitions for Certiorari,
with the Regional Trial Court of Lingayen, Pangasinan. Is sum of money arising from the same obligation against
there res judicata? Prohibition and Mandamus
B with the RTC of Lingayen, Pangasinan. Is there a litis 11. Petition for Quo Warranto
➔ There is res judicata due to the presence of a pendentia?
final judgment from RTC Baguio. The second ➔ Yes. Two cases, same parties, same relief and
requisite is present based on the amount of the NB: If the pleading is not initiatory, there is no need for the
both are pending. Regarding the third requisites, counsel to include a certification of non-forum shopping.
suit. This is an action capable of pecuniary in the event the judge decides in RTC Baguio in
estimation. The same parties are involved in the favor of one of the parties, the second case will
case rooted on the same cause of action. ➢ MANNER
be barred because of res judicata. In litis ○ The plaintiff or principal party shall certify
pendencia, no res judicata yet. under oath in the complaint or other
Example — A, a resident of Baguio City, filed an action
initiatory pleading asserting a claim for
for recovery of a sum of money amounting to Example — A, a resident of Baguio City, filed an action relief, or in a sworn certification annexed

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

thereto and simultaneously filed authorization of the affiant to act on behalf Wilful and Summary dismissal with
therewith: of a party. deliberate forum prejudice and shall constitute
shopping direct contempt, as well as a
1. That the plaintiff or principal cause for administrative sanctions.
party has not theretofore NB: There is no need for another co-owner to sign because - With prejudice —
cannot be refiled.
commenced any action or filed by virtue of Property Law, they are still considered owners.
any claim involving the same
issues in any court, tribunal or EXAMPLE: Verification and certification against FS
quasi-judicial agency and, to the F. Attachments
best of his or her knowledge, no
such other action or claim is (1) Judicial Affidavits of the named witnesses (direct
pending therein; testimonies of witnesses and the defendant) SC
2. If there is such other pending issued a rule where there is no longer direct
action or claim, a complete examination in court required. Identify judicial
statement of the present status affidavit and other counsel will cross-examine.
thereof; and ● The judicial affidavits of named witnesses
3. If the plaintiff or principal party shall be attached to the pleading and form
should thereafter learn that the EXAMPLE: Certificate against FS only. an integral part thereof.
same or similar action or claim ● Only witnesses whose judicial
has been filed or is pending, the affidavits are attached to the pleading
plaintiff or principal party shall shall be presented by the parties
report that fact within five (5) during the trial. Except if a party
calendar days therefrom to the presents meritorious reasons as basis
court wherein the aforesaid for the admission of additional
complaint or initiatory pleading witnesses, no other witness or affidavit
has been filed (Section 5, Rule shall be heard or admitted by the court;
7) and
➢ WHO MUST SIGN AND EXECUTE: ➢ KINDS AND EFFECTS OF VIOLATION ➢ RULE OF PRECLUSION – only witnesses whose
○ The certification against forum shopping NATURE OF SANCTION VERIFICATION judicial affidavits are attached to the pleading shall
must be signed by all the plaintiffs or VIOLATION be presented by the parties during trial. No other
petitioners in a case; otherwise, those witnesses or affidavit shall be heard or admitted by
who did not sign will be dropped as Failure to comply If initiatory pleading: Dismissal of It is considered as
the court, unless the party presents meritorious
the case without prejudice (case unsigned and that
parties to the case. Under reasonable or may be refiled), unless otherwise the Court may order reasons as basis for the admission (Sec 6, Rule 7).
justifiable circumstances, however, as provided, upon motion and after the counsel to
hearing. submit a corrected
when all the plaintiffs or petitioners share or an amended NB: In practice, if the witness is a government official, he
a common interest and invoke a common Not curable by mere amendment. pleading.
will merely be named as a witness. He will be allowed to
- It may be refiled by
cause of action or defense, the signature the plaintiff. testify eventually without a judicial affidavit or execute such
of only one of them in the certification at a later date.
against forum shopping substantially Submission of a Indirect contempt of court,
false certification without prejudice to the
complies with the Rule. corresponding administrative and (2) Documentary and object evidence
○ The certification against forum shopping Non-compliance
criminal actions.
● There is a need to attach these
must be executed by the party-pleader, with undertakings
● Annexes – mark for plaintiff
not by his counsel, unless there is an ● Annex 1 – for defendant

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

● Exhibits in the judicial affidavits The plaintiff is ABC Corporation is a domestic - Corporation is a juridical person, but is a
corporation duly registered and incorporated under concept. It shall act through its
➢ MANNER OF PLEADING: existing Philippine laws. ✔️
- Not all juridical entities have the capacity to
representatives and Board of Directors. If they
are the plaintiffs, they shall be represented by
STATEMENT HOW PLEADED sue or be sued. All information must be a natural person. Such person should also
alleged in order to impose such right for the allege in the pleading that he is merely
Cause of action based The pertinent provisions corporation to sue and be sued. representing the corporation.
on law thereof and their EXAMPLE:
applicability shall be 1. The plaintiff is Rey Yngson (hereinafter STATEMENT HOW PLEADED
clearly and concisely referred to as the plaintiff) who is of legal age,
stated. (based on law) a Filipino citizen, and a resident of Aurora Fraud, The circumstances constituting
- Law must be Hill, Baguio City. The plaintiff is being mistake fraud or mistake must be stated
included in the represented in this case by Francis Dajac, his with particularity.
body of the attorney-in-fact, who is also of legal age, a
complaint or Filipino citizen, and a resident of Aurora Hill, - Circumstances with fraud or a mistake must
answer Baguio City. (A copy of the Special Power of be stated with specificity. It is not enough to
Capacity to sue or be Must be averred. Attorney is hereto attached as Annex "A") state “due to fraud or mistake” as there is a
sued, including the - If one is filing a case as a representative, you need to specify the specific acts which
authority for such must allege the same in the complaint or constitute fraud or the mistake.
capacity in a pleading.
representative capacity EXAMPLE:
or the legal existence of QUESTION: Would it suffice that the person who 3. The plaintiff purchased a parcel of land covered
an organized association filed the complaint is representing the real party in by TCT No. 123456 from Rey Yngson.
of persons that is made interest? 4. Since the plaintiff is illiterate, he asked the
a party. defendant, a real estate agent, to assist him in
ANSWER: No, one must also attach in the canceling TCT No. 123456 and obtaining a new
EXAMPLES: complaint the basis of the representative, like an transfer certificate of title in his name.
The plaintiff is Rey Yngson who has the legal capacity SPA, showing that the plaintiff had instituted the 5. The defendant informed the plaintiff that, in
to sue.❌
The plaintiff is Rey Yngson who is of legal age, a
representative to represent him in the pleading. order to transfer the title to his name, he must first
sell the parcel of land to him.
Filipino citizen, and a resident of Aurora Hill, Baguio 2. The plaintiff is ABC Corporation is a domestic 6. Consequently, the plaintiff and the defendant
City.✔️
The defendant is Francis Dajac who has the legal
corporation duly registered and incorporated
under existing Philippine laws. It is being
executed a Deed of Sale covering the parcel of land
that the plaintiff had purchased from Rey Yngson.
capacity to be sued. ❌
The defendant is Francis Dajac who is a Filipino
represented in this case by Francis Dajac who
is a Filipino citizen, of legal age, and a
7. After the execution of the Deed of Sale, the
defendant ceased communication with the plaintiff.
citizen, of legal age, and a resident of Aurora Hill, resident of Aurora Hill, Baguio City pursuant 8. With the assistance of CJ Moran Legal Aid
Baguio City. ✔️
The plaintiff is ABC Inc. which has the legal capacity
to Board Resolution No. 123456. (A copy of
Board Resolution No. 123456 is hereto
Community, the plaintiff discovered that the parcel
of land he had purchased from Rey Yngson is now
to sue. ❌ attached as Annex "A") covered by a new transfer certificate of title
registered in the name of the defendant.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

- The acts of the defendant are laced with - If not an actionable document, mere mention
fraud. It is important to note that the is sufficient 2. YBC filed an action for a sum of money
circumstances averring fraud or mistake shall - Basis of defense or COA is found in the arising from its main contract with BII for the
be indicated in the pleading. document – actionable document construction of a building. YBC's cause of
action is primarily based on BII's alleged non-
STATEMENT HOW PLEADED payment of its outstanding debts to YBC
arising from their main contract, despite
Malice, intent, May be averred - This is an actionable document. demand. If there was a written building or
knowledge or other generally. construction contract that was executed
condition of the mind of Specific performance pursuant to the agreement to between BII and YBC, then that would be the
a person renovate. However, the defendant also borrowed a actionable document because its terms and
sum of money from him evidenced by a promissory stipulations would spell out the rights and
note. Supported by a written agreement to renovate. obligations of the parties (Young Builders
Pleading a judgment or Aver the judgment or Corporation vs. Benson Industries, Inc., June
decision of a domestic decision without setting - Yes, this is an actionable document because it 19, 2019, G.R. No. 198998)
or foreign court, judicial forth matter showing is supported by the written agreement to - Basis is the agreement
or quasi-judicial jurisdiction to render it. renovate. However, the promissory note
tribunal, or of a board cannot be used as an actionable document STATEMENT HOW PLEADED
or officer. An authenticated copy of because it is not in any way related to the
the judgment or decision relief prayed for. (Agreement to renovate) Official document Aver that the document was
shall be attached to the - No, this is not an actionable document or act. issued or the act was done in
pleading. because the cause of action is based on compliance with law.
another ground which did not arise from the
Action or defense is Aver the substance of action pleaded and relief prayed for. - Official document – issued by a person of
based upon a written such instrument or (Promissory Note) authority
instrument or document in the - Act – done by person of authority
document. pleading; and NB: If no actionable document, use testimonies. - Ex. Death Certificate – mention that it was
- You will not be barred from filing a case if you issued in compliance with the law
The original copy thereof have no actionable document. Rather,
shall be attached to the testimonies, emails, text messages may be COMPLAINT IS AN INITIATORY PLEADING:
pleading as an exhibit, used as an alternative. a. Allegations unique to complaint or other
which shall be deemed to initiatory pleadings - allegations that
be a part of the pleading. EXAMPLE: should be seen in a complaint or what you
1. The lease contract is an actionable document. can only see in a complaint
Any letter or letters written by the lessee to 1. PLEADING OF CONDITION PRECEDENT –
WHAT IS AN ACTIONABLE DOCUMENT? the lessor or vice versa concerning the even if one has a COA, it does not mean that
- A written instrument or document is contract should not be set forth in the one can file a case in Court.
“actionable” when an action or defense is complaint. While such letters might have a. DEAR
based upon such instrument or document. some evidential value, evidence, even in b. KPL
- Cut and paste the terms and conditions of the writing. does not necessarily have a proper c. Earnest efforts between family
written agreement to the body of the pleading place in the pleadings. members to resolve the dispute
– if it is an actionable document – basis of the - Basis is the lease agreement (Actionable - It must be alleged that these are all complied
cause of action of the plaintiff Document) with in the complaint. Otherwise, in the

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

answer of the defendant, he can raise this as - REAL ACTION because the objective of the
an affirmative defense. plaintiff is to recover the property. 4. ALTERNATIVE CAUSES OF ACTION
- Court can not motu proprio dismiss the case - If purpose is simply nullified, then it is - A party may set forth two or more statements
if this was raised. incapable of pecuniary estimation. of a claim … alternatively or hypothetically,
● Judge can dismiss the case or remand the either in once cause of action …. or in
case back to the barangay. ** What if there is a conflict in the caption and the separate causes of action or defenses.
body? - When two or more statements are made in
2. PLEADING ELEMENTS OF CAUSE OF - The allegations in the body will prevail. the alternative and one of them if made
ACTION independently would be sufficient, the
- There is a need to allege the elements B shall construct a 4 story building for A and it pleading is not made insufficient by the
of the cause of action in the pleading. includes the liquidated damages if B shall not comply insufficiency of one or more of the alternative
Otherwise, it could be raised in the with his obligations. The payment of damages of statements.
defense that there is a failure to state P10M is stipulated.
a cause of action. - The caption is an action for specific
performance but in the body, it alleged that
3. ALLEGATIONS TO ESTABLISH there was a written agreement between them NOTA BENE:
JURISDICTION and that it includes the payment of liquidated - The plaintiff can have two or more causes of
- How do you allege that the Court damages in case of breach of contract. action against a defendant. This is allowed
exercises jurisdiction over the case? - The allegations stipulated under the body of under the rules.
- Allege it in the narration – main the complaint or the prayer or relief sought - If one is insufficient, then this will not be
purpose is to assert right in the will prevail over the caption. The legal basis is dismissed so long as the other cause of action
property which includes the assessed that jurisdiction is conferred by law. states the complete element for the cause of
value of the property. Jurisdiction is conferred in the allegations of action.
- What if the assessed value was not the complaint.
alleged in the body of the complaint? - The case should be filed with the MTC
- There would be no dismissal because considering that the damages is less than SEVENTH CONSIDERATION: ACTUAL FILING OF
there was substantial compliance. P2M. Moreover, the action is an action of INITIATORY PLEADING
- If no assessed value, then it would be pecuniary estimation.
dismissed based on lack of DEFINITION OF FILING: Filing is the act submitting
jurisdiction. Defendant forged the signature of the plaintiff and he the pleading or other paper to the court (Section 2,
used such ……… Rule 13).
2 TESTS IN THE COMPLAINT OF INCAPABLE The plaintiff would want to nullify the document and - The filing of pleadings and other court
ESTIMATION: annul the tax dec, TCT, and to recover the ownership submission shall be made by:
1. Principal Test of the parcel of land. In the prayer, he simply 1. Submitting personally the original thereof,
2. Ultimate Objective Test reiterated these. Assessed value of the property is plainly indicated as such, to the court
P100,000. The plaintiff filed the case with the RTC. (Personal filing);
COA of A: An action to nullify the document. The - The RTC should dismiss the case since it 2. Sending them by registered mail (Filing by
allegations are: does not have the jurisdiction over the real registered email);
a. A falsified a deed of sale and as a result the action. Even more so, the assessed value is 3. Sending them by accredited courier (Filing by
plaintiff wants to nullify the deed of sale only P100,000. The ultimate objective of the accredited courier); or
b. Prayer asks the Court to nullify the deed of plaintiff is to recover the ownership over the 4. Transmitting them by electronic mail or other
sale. real property. electronic means as may be authorized by the

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

court in places where the court is Filing by Registry receipt and by the Affidavit 16e, Rule 13).
electronically equipped (Filing by e-mail or registered mail of Service of the person who made
other electronic means) it:
a. Full statement of the date MANCHESTER DOCTRINE:
RECKONING DATE OF FILING (SECTION 3, RULE and place of deposit of the - A court acquires jurisdiction over a case only
13): mail in the post office upon the payment of the prescribed docket
b. In a sealed envelope fee.
MODE OF RECKONING DATE addressed to the court EXCEPTION TO MANCHESTER DOCTRINE:
FILING c. With postage fully prepaid, - The non-payment of the prescribed filing fees
and at the time of the filing of the complaint or
Personal filing Date and hour of filing as endorsed d. With instructions to the other initiatory pleading fails to vest
by the clerk of court. postmaster to return the jurisdiction over the case in the trial court.
mail to the sender after 10 Yet, where the plaintiff has paid the amount
Filing by Date shown by the post office stamp calendar days if not of filing fees assessed by the clerk of court,
registered mail on the envelope (attached to the delivered (Section 16b, Rule and the amount paid turns out to be
record) or the registry receipt 13) deficient, the trial court still acquires
jurisdiction over the case, subject to the
Filing by Date shown by the stamp on the Filing by Affidavit of Service of the person payment by the plaintiff of the deficiency
accredited envelope (attached to the record) or accredited who brought the pleading or other assessment." "The reason is that to penalize
courier the courier’s official receipt courier document to the service provider, the party for the omission of the clerk of court
together with the courier's official is not fair if the party has acted in good faith."
receipt and document tracking (Ramones v. Spouses Guimoc, G.R. No.
Filing by e-mail Date of electronic transmission 226645, August 13, 2018)
or other number (Section 16c, Rule 13).
electronic means
Filing by email Affidavit of Electronic Filing of the
filing party accompanied by a paper EIGHT CONSIDERATION: PAYMENT OF DOCKET
PROOF OF FILING: copy of the pleading or other AND FILING FEES
- The filing of a pleading or any other court document transmitted or a written
submission shall be proved by its existence in or stamped acknowledgment of its - The rule in this jurisdiction is that when an
the record of the case (Section 16, Rule 13). filing by the clerk of court. action is filed in court, the complaint must be
- If the pleading or any other court submission accompanied by the payment of the requisite
is not in the record, but claimed to have been If the paper copy sent by electronic docket and filing fees. A court acquires
filed as follows, the filing shall be proven by: mail was filed by registered mail, jurisdiction over a case only upon the
the rule for proving filing by payment of the prescribed docket fee.
registered mail shall apply (Section - Where the filing of the initiatory pleading is
MODE OF PROOF REQUIRED not accompanied by payment of the docket
FILING 16d, Rule 13) fee, the court may allow payment of the fee
Filing by other Affidavit of Electronic Filing of the within a reasonable time but in no case
Personal filing Written or stamped beyond the applicable prescriptive or
acknowledgment of its filing by the electronic filing party accompanied by a copy reglementary period.
clerk of court on a copy (Section means of the electronic acknowledgement - where the party does not deliberately intend
16a, Rule 13) of its filing by the court (Section to defraud the court in payment of docket

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

fees, and manifests willingness to abide by allegation or description in any other respect, because he incurred Regional Trial Court
the rules by paying additional docket fees so that the actual merits of the controversy hospital expenses while where the case was
when required by the court, the liberal may speedily be determined, without regard recovering from injuries raffled.
doctrine enunciated in Sun Insurance and to technicalities, in the most expeditious and sustained when the car
not the strict regulation in Manchester will inexpensive manner (Section 1, Rule 10). driven by B bumped The amendment is a
apply. NB: If a counsel wants to change something in the him. In the complaint, A matter of right because
pleading, they should amend the pleading. alleged that his total there was no indication
* If there is non-payment of the docket fees – expenses amount to of an answer served to
- Muti-sala court – Office of the COC KINDS OF AMENDMENTS: P2,500,000.00, as him by the defendant.
- Single sala - said court a. Amendment as a matter of right — evidenced by various
- If complied with the seven considerations – applicable amendment at this stage receipts. Two days after
court will acquire jurisdiction over your case. filing the complaint, A
REMEMBER: realized that he forgot to
- From the moment a case is filed in Court, the SECTION 2, RULE 10: A party may amend his [or include the expenses
court will acquire jurisdiction over the her] pleading once as a matter of right at any time incurred for
plaintiff. before a responsive pleading is served or, in case of rehabilitation,
a reply, at any time within ten (10) calendar days amounting to
after it is served. P50,000.00. What
STAGE 2: INCIDENTS AFTER THE INSTITUTION should A do if he wants
OF A CIVIL ACTION NB: For as long as the plaintiff has not received a to include this allegation
reply or answer from the defendant, he can amend his in his complaint?
QUESTION: What will happen after the plaintiff filed a pleading as a matter of right. He can do it only once
complaint and the court had acquired jurisdiction because the summons have not yet been served to b. Amendment as a matter of discretion
over the person of the plaintiff? the defendant. c. Formal amendments — it can also be done,
a. Plaintiff can do certain acts --- INCIDENTS BY but generally, if one wants to amend at this
THE PLAINTIFF QUESTION: If the plaintiff wants to amend his stage, it should be an amendment as a matter
b. A third person who is not a party to the case complaint as a matter of right, does he need to file a of right.
can also do a certain act --- INCIDENT BY A motion seeking the approval of the court?
THIRD PERSON ANSWER: No, because amendment is a matter of b. FILE A SUPPLEMENTAL PLEADING
c. The court can definitely do certain acts --- right. So, the plaintiff should simply file his amended PURPOSE: The purpose of a supplemental pleading is
INCIDENTS BY THE COURT complaint to the court where the case is raffled. Or he so to state facts or events arising after the initial
can file a manifestation that he is filing an amended pleading was filed (Felix Gochan v. COA)
INCIDENTS BY THE PLAINTIFF complaint. - One shall only file a supplemental pleading if
the information that shall be added only
After filing a complaint in court, the plaintiff can: QUESTION ANSWER happened after the complaint was filed.
a. AMEND THE COMPLAINT (difference from an amended pleading)
HOW IS AMENDMENT MADE: A filed an action for A, as a matter of right,
- Pleadings may be amended by adding or payment of actual can file an amended REQUIREMENTS:
striking out an allegation or the name of any damages against B in the complaint including 1. Upon motion of a party, the court may, upon
party, or by correcting a mistake in the name Regional Trial Court this allegation with the reasonable notice and upon such terms as
of a party or a mistaken or inadequate are just, permit him or her to serve a

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

supplemental pleading setting forth should B do if he wants 2. If the intervention will not unduly delay or
transactions, occurrences or events which to include this allegation prejudice the adjudication of rights of the
have happened since the date of the in his current complaint? original parties and if the intervenor's rights
complaint sought to be supplemented may not be protected in a separate proceeding
(Section 6, Rule 10) ● What if a third person was not impleaded as a (Neptune Metal Scrap Recycling, Inc. v.
NB: party litigant in the complaint filed by the Manila Electric Co. and People, G.R. No.
a. Complainant must first file a motion (Content: plaintiff in court? But a third person believes 204222, July 4, 2016)
plaintiff must ask the Court to serve him a that he has a legal interest in the subject - Both requirements must concur.
copy of the supplemental pleading to the matter involved in the case filed?
opposing party) ANSWER: He must intervene. HOW IS INTERVENTION DONE:
b. Court must grant the motion - By filing a pleading-in-intervention which
could be:
2. The adverse party (defendant) may plead 1. A complaint-in-intervention if the intervenor
thereto within ten (10) calendar days from INCIDENTS BY A THIRD PERSON would like to assert a claim against either or
notice of the order admitting the WHO MAY INTERVENE? all of the original parties; or
supplemental pleading (Section 6, Rule 10). - Intervention may be allowed, with leave of 2. An answer-in-intervention if the intervenor
court, by a person who: would like to unite with the defending party
QUESTION ANSWER 1. Has a legal interest in the matter in in resisting a claim against the latter (Section
litigation; or 3, Rule 19)
When A returned home File a supplemental 2. In the success of either of the parties; or TAKE NOTE: The filing of a complaint-in-intervention
from his three-week motion, because the 3. An interest against both; or or an answer-in-intervention must be with the leave
vacation in Boracay, he information to be 4. Is so situated as to be adversely affected by a of court (with permission). Third person must ask the
was surprised to find B added to the original distribution or other disposition of property in Court to allow him to file an answer or
planting crops on the complaint occurred the custody of the court or of an officer complaint-in-intervention.
parcel of land belonging only when the prior thereof (Section 1, Rule 19).
to him. A attempted to pleading was already TIME TO INTERVENE:
peacefully ask B to filed. The construction WHAT SHOULD BE THE NATURE OF THE LEGAL - The motion to intervene may be filed at any
vacate his property, but of the concrete house INTEREST: (before he can intervene) time before rendition of judgment by the trial
B threatened him, stating happened when the – legal interest must be of a direct and immediate court (Section 2, Rule 19)
that he would kill him if prior complaint was character so that the intervenor will either gain or - A copy of the pleading-in-intervention shall be
he approached the land. already filed. lose by the direct legal operation of the judgment. The attached to the motion and be served on the
Subsequently, A decided interest must be actual and material, a concern which original parties (Section 2, Rule 19).
to file an action for is more than mere curiosity, or academic or NB: Before one could file for one, they should file a
recovery of ownership sentimental desire; it must not be indirect and motion for intervention first asking the court to file for
against B. After filing the contingent, indirect and remote, conjectural, a complaint-in-intervention or an
complaint, A passed by consequential or collateral (Ongco v. Dalisay, G.R. No. answer-in-intervention. The intervention filed must
his parcel of land and 190810, July 18, 2012). already be attached to the motion.
observed B and his men QUESTION ANSWER
beginning the REQUIREMENT:
construction of a - THE COURT MAY ALLOW INTERVENTION: B, D, E, and F are the G can file an
concrete house. What 1. If the movant has legal interest or is otherwise legitimate children of answer-in-intervention to
qualified, and

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

A. Upon A's death, he protect his right as an heir of dismissal of the case? Should the court dismiss
left behind several A because G has a legal the case?
parcels of land. B interest in the subject matter What if there is a joinder No. The court’s remedy is to
initiated an action for in litigation. of a party who is not issue an order adding an A died on August 2, No. They are not
partition against D, E, really an indispensable indispensable or dropping 2023, leaving behind five indispensable parties.
and F. Unbeknownst Baka mawalan siya ng share party? Would this result those who are not really an legitimate children. B, However, the court should
to A's legitimate kapag hahayaan niya lang in the dismissal of the indispensable party. one of the five legitimate not dismiss the case
children, he also had ito. case? children of A, filed an because of improper joinder
a child named G with action for partition and of parties. The court can
his paramour. G What if a necessary party No. The court can issue an impleaded his four issue an order dropping the
learned about his was not impleaded? order requiring to implead siblings and paternal paternal grandparents as
father's death and the Would this result in the the necessary party if the grandparents as defendants in the case.
action for partition dismissal of the case? court finds that his defendants. The court
initiated by B against omission is unmeritorious. noticed that the paternal Grandparents are not
his siblings. What is grandparents were considered as primary heirs
the recourse of G in BOTTOMLINE: Non-joinder or misjoinder of a party is impleaded as defendants. but only secondary.
order to protect his not a ground for a dismissal of a case. It only authorizes Are paternal
rights? the court to issue an order dropping the misjoined grandparents
parties or requiring the inclusion of an indispensable or indispensable parties?
necessary party. Should the court dismiss
INCIDENTS BY THE COURT the case?
A died on August 2, The illegitimate child is an
I. Adding or dropping of parties 2023, leaving behind five indispensable party. A and B borrowed B is a necessary party. The
legitimate children from However, the court should P500,000.00 each from C case will not be dismissed.
SECTION 11, RULE 3: The court may order that his lawful wife and one not dismiss the case due to as evidenced by the same Considering that C did not
parties be dropped or added. illegitimate child from his the failure of B to implead promissory note executed state a meritorious reason
paramour. B, one of the him. The court can issue an on August 2, 2023. The for B’s omission, the court
five legitimate children of order instructing B to three of them agreed that can order C to implead B as
A, filed an action for implead him as an the liabilities of A and B a defendant. If he won’t act
partition and impleaded additional defendant. shall be joint. A and B on it, the court will deem it
his mother and four failed to satisfy their as a waiver of the claim
siblings as defendants. The issue will not be respective obligations against B.
The court noticed that B resolved with finality if the when they became due.
made an allegation in the illegitimate child will not be Consequently, C filed an
complaint that they also impleaded as he is an action for collection of
QUESTION ANSWER have one illegitimate indispensable party. sum of money against A.
child, yet he did not What should the court do
What if there is a failure No, the court may release an implead him as a Mawawalan siya ng mana. with the case?
to implead an Order to implead all the defendant. Is the
indispensable party? indispensable parties to the illegitimate child an
Would this amount to the case. indispensable party?

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

II. Dismissal of the complaint or initiatory A will file an action to Regional Trial Court judgment rendered upon some
pleading motu proprio nullify the Deed of Sale because it is incapable preliminary or formal or merely
technical point, or by default and
GROUNDS: involving his parcel of of pecuniary estimation. without trial. Thus, a judgment
1. Prescription land. In which court on the merits is one wherein
- Refer to Chapter 3, Title V, New Civil Code of should A file the case? there is an unequivocal
the Philippines A filed an action to The court should
determination of the rights
- If the action has already been prescribed, the nullify the Deed of Sale dismiss the case on the
and obligations of the parties
Judge can dismiss such a case based on involving his parcel of ground of lack of
with respect to the causes of
prescription. land. A alleged in his jurisdiction over the
action and the subject matter
of the case. (G.R No. 146082)
2. Lack of jurisdiction over the subject complaint that B forged subject matter. Applying ● If there is a full blown trial and
matter his signature in a Deed the ultimate objective the court decides, results in
- Cases cognizable by the courts of Sale involving his test, the action is a real judgment on the merits.
parcel of land and that action. Considering that ● Dismissal with prejudice
he was able to cause the the assessed value is amounts to judgment on the
QUESTION ANSWER issuance of a new title in P100,000.00, the case merits.
his name. A also prayed should have been filed ● Interlocutory order.
A will file an action for Regional Trial Court in his complaint that with the Municipal Trial iii. It is rendered by a court having
specific performance because it is incapable judgment be rendered Court. jurisdiction over the subject matter
against B. in which of pecuniary estimation. nullifying the Deed of and the parties;
court shall A file the Sale and the title issued ● Ultimate iv. There is - between the first and second
case for specific in the name of B as well objective test actions identity of parties, of subject
performance against B? as ordering B to vacate matter, and of causes of action.
his parcel of land. The 1. Identity of the parties: there is
A filed an action for The court should assessed value of his identity of the parties not only
specific performance dismiss the case on the property is P100,000.00. when the parties in the cases
against B with the ground of lack of What should the court are the same, but also between
Regional Trial Court. A jurisdiction over the do with the case? those in privity with them, such
alleged in his complaint subject matter. Applying as between their
that B failed to satisfy the principal action test, 3. Res judicata
successors-in-interest.
his loan obligation the action is capable of Absolute identity of parties is not
amounting to pecuniary estimation a. Bar prior judgment - Yes, motu proprio. Requisites:
required, and where a shared
P1,500,000.00 when it because it involves a identity of interest is shown by
became due. A also money claim. i. The former judgment is final;
the identity of relief sought by
prayed that a judgment Considering that the ii. It is a judgment or an order on the
one person in prior case and the
be rendered compelling amount involved is merits;
second person in subsequent
case, such was deemed
B to return the sum of P1,500,000.00, the case ● A judgment on the merits is one sufficient.
money that he borrowed should have been filed rendered after argument and 2. Identity of subject matter; and
from him. What should with the Municipal Trial investigation, and when there is 3. Identity of cause of action:
the court do with the Court. determination which party is a. Absence of
case? right, as distinguished from a inconsistency test –

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

whether the judgment subject to the following conditions:

A: When there is non-compliance with any of the four rules on
sought will be (a) The party joining the causes of action shall joinder of causes of action.
inconsistent with the comply with the rules on joinder of parties;
prior judgment. Q by Sir Barlis: Is it proper to include in one complaint an action
b. Same evidence test – ❖ Two kinds of joinder of parties: for foreclosure of mortgage because the defendant failed to pay
would the same 1. Those involving the same parties his loan and an action for damages because the defendant
evidence support and 2. Those involving different parties. hurled invectives at the plaintiff when the latter asked for the
establish both the a. It must arise from the same or payment thereof?
present and former series transaction
A: NO. There is misjoinder because there is non-compliance
cause of action? i. Transaction is a generic with rule 2– foreclosure of mortgage is a special civil action while
word that means any damages is an ordinary civil action.
NB: Cannot file against the heirs of the act or omission which
debtor. Only against the estate of the may give rise to a SPECIAL CIVIL ACTIONS
debtor. cause of action which
may include an ● Rule 62 –Interpleader
b. Conclusiveness of judgment occurrence and not ● Rule 63 –Declaratory Relief and Similar Remedies
● There is conclusiveness of judgment, on necessarily a contract. ● Rule 64 –Review of Judgments and Final Orders or
the other hand, where there is identity of Resolutions of the Commission on Elections and the
Commission on Audit
parties in the first and second cases, but b. There must be a common
● Rule 65 –Certiorari, Prohibition and Mandamus
no identity of cause of action. question of law and fact ● Rule 66 –Quo Warranto
● Effect: The court CANNOT MOTU c. Such joinder is not otherwise ● Rule 67 –Expropriation
PROPRIO DISMISS the case. Merely proscribed by the provisions ● Rule 68 –Foreclosure of Real Estate Mortgage
prohibits the court where the pending of the Rules on jurisdiction ● Rule 69 –Partition
case is resolving an issue that is already and venue ● Rule 70 –Forcible Entry and Unlawful Detainer
resolved in the previous court. It does not ● Rule 71 –Contempt
automatically preclude the filing of the NB: If there is only a common question of
case. facts and law.
● Example: ● CONSOLIDATION OF (c) Where the causes of action are between the same
○ Case 1: Deed of sale is null and void CASES is proper in parties but pertain to different venues or
○ Case 2: Action interdictal on the order not to replicate
basis of deed of sale jurisdictions, the joinder may be allowed in the
the presentation of Regional Trial Court provided one of the causes of
■ Court will not resolve the
evidence. action falls within the jurisdiction of said court and
issue on the deed of sale.
the venue lies therein; and
4. Litis pendencia This is applicable when there are multiple parties. But when
it is one-on-one then there is no need to comply with these
(d) Where the claims in all the causes of action are
● Both cases are still pending. principally for recovery of money, the aggregate
rules. amount claimed shall be the test of jurisdiction.
III. Severance of misjoined cause of action (b) The joinder shall not include special civil
(Totality Rule)
actions or actions governed by special rules; Note: When the issue is joinder of cause of actions, not
Permissive Joinder of Causes of Action
all conditions are necessary.
Rule 2, Section 5. Joinder of causes of action. — A party Q: When is there a misjoinder of causes of action?
may in one pleading assert, in the alternative as many Court can order Severance of misjoined cause of action.
causes of action as he may have against an opposing party,

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

IV. ISSUANCE OF SUMMONS ● Jurisdiction over the res and over the person CONTENT (Section 2, Ruled 14)
of the defendant ● The summons shall be directed to the defendant,
A. Action in personam v. in rem v. quasi in rem signed by the clerk of court under seal and contain
PERSONAM IN REM QUASI IN REM
(a) the name of the court and the names of
the parties to the action;
Action against a Action against the thing Brought against (b) when authorize by the court upon ex
person on the basis itself. persons seeking to parte motion, an authorization for the
of his personal subject the property plaintiff to serve summon to the
liability. They are binding upon of such persons to
the whole world. the discharge of the
defendant;
Any judgment therein claims assailed. (c) a direction that the defendant answer
is binding upon the The phrase against the within the time fixed by these Rules;
parties properly thing, to describe in rem (Frias v. Alcayde) (d) a notice that unless the defendant so
impleaded. actions is a metaphor. It is
not the “thing” that is the answers plaintiff will take judgment by
party to an action in rem; default and may be granted the relief
only legal or natural applied for.
persons may be parties
even in rem actions.
PURPOSE ○ A copy of the complaint and order for
(Frias v. Alcayde) ● In action in personam, the purpose of summons is: appointment of guardian ad litem, if any,
1. To notify the defendant of the action shall be attached to the original and each
Examples: Examples: Example: against him; and copy of the summons.
2. To acquire jurisdiction over his person.
1. Collection for sum 1. Petition for adoption 1. Attachment
of money and 2. Correction of entries in 2. Foreclosure of real VALIDITY (Section 4, Rule 14)
damages birth certificate estate mortgage ● In action in rem and quasi in rem: ● Summons shall remain valid until duly served,
2. Action for specific 3. Annulment of marriage 3. Action for partition ○ The purpose of summons in such action unless it is recalled by the court. In case of loss
performance 4. Petition to establish 4. Action for is not the acquisition of jurisdiction over
3. Action to enforce filiation accounting or destruction of summons, the court may, upon
foreign judgment in a 5. Registration of land the defendant but mainly to satisfy the motion, issue an alias summons.
complaint for breach under torrens system constitutional requirement of due
of contract. 6. Forfeiture proceedings process. KINDS OF SERVICE OF SUMMONS
1. Service in person on defendant
NB: The issuance of summons is not discretionary on the ● Cases to which it is applicable:
In the case of Republic vs. Court of Appeals, et, al., G.R No. part of the clerk of court but is a mandatory requirement. a. Action in personam
122269: Knowledge by the defendant of an action filed against it b. Action in rem
does not dispense with the need for summons. c. Action quasi in rem
An action to redeem, or to recover title to or possession of, real
property is not an action in rem or an action against the whole ● How service in person defendant is done
world, like a land registration proceeding or the probate of a will; it is WHEN (Section 1, Rule 14) (Section 5, Rule 14)
an action in personam, so much so that a judgment therein is ● Clerk to issue summons. — Unless the complaint ○ Whenever practicable, the
binding only upon the parties properly impleaded and duly heard or is on its face dismissible under Section 1, Rule 9, summons shall be served:
given an opportunity to be heard. the court shall, within five (5) calendar days a. by handing a copy
An action to recover a parcel of land is a real action but it is an from receipt of the initiatory pleading and proof thereof to the
action in personam, for it binds a particular individual only although of payment of the requisite legal fees, direct the
it concerns the right to a tangible thing. defendant in person
clerk of court to issue the corresponding summons and informing the
to the defendants. defendant that he or
she is being served, or,

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

b. if he or she refuses to
receive and sign for it, institution who is deemed as a special sheriff for said
by leaving the purpose. The jail warden shall file a return within five (5) Should there be a refusal on the part of the persons
summons within the calendar days from service of summons to the defendant. above-mentioned to receive summons despite at least
view and in the three (3) attempts on two (2) separate dates, service
presence of the c. Minors and incompetent persons may be made electronically, if allowed by the court,
defendant. (Section 10, Rule 14) as provided under Section 6 of this rule.

NB: If there are two or more defendants, When the defendant is a minor, insane or otherwise an f. Foreign private juridical entity with residents
each one of them should be served a incompetent person, service of summons shall be agents. (Section 14, Rule 14)
copy of the summons. made upon him or her personally and on his or her
legal guardian if he or she has one, or if none, upon When the defendant is a foreign private juridical entity
his or her guardian ad litem whose appointment shall which has transacted or is doing business in the
In the case of Spouses Manuel v. Ong, G.R. No. 205249: be applied for by the plaintiff. In the case of a minor, Philippines, as defined by law, service may be made on
service shall be made on his or her parent or its resident agent designated in accordance with the
Personal service of summons has nothing to do with the location
guardian. law for that purpose, or, if there be no such agent, on
where summons is served. A defendant’s address is inconsequential
because what is determinative of the validity of personal service is the government official designated by law to that
the person on defendant, not the locus of service. d. Spouses sued jointly effect, or on any of its officers, agents, directors or
(Section 11, Rule 14) trustees within the Philippines.
If the foreign private juridical entity is not registered
● Upon whom service is made: When spouses are sued jointly, service of summons in the Philippines, or has no resident agent but has
should be made to each spouse individually. transacted or is doing business in it, as defined by law,
a. Entity without juridical entity such service may, with leave of court, be effected outside
(Section 7, Rule 14) e. Domestic private juridical entity, generally of the Philippines through any of the following means:
(Section 12, Rule 14)
When persons associated in an entity without juridical (a) By personal service coursed through the
personality are sued under the name by which they are When the defendant is a corporation, partnership or appropriate court in the foreign country with the
generally or commonly known, service may be effected association organized under the laws of the Philippines assistance of the department of foreign affairs;
upon all the defendants by serving upon any one of with a juridical personality, service may be made on the (b) By publication once in a newspaper of general
them, or upon the person in charge of the office or ● president, managing partner, general circulation in the country where the defendant
place of business maintained in such name. manager, corporate secretary, treasurer, or may be found and by serving a copy of the
in-house counsel of the corporation summons and the court order by registered mail
NB: But such service shall not bind individually any wherever they may be found, or at the last known address of the defendant;
person whose connection with the entity has, upon due ● in their absence or unavailability, on their (c) By facsimile;
notice, been severed before the action was filed. secretaries. (d) By electronic means with the prescribed proof
● If service cannot be made upon the foregoing, of service; or
then upon the person who customarily (e) By such other means as the court, in its
b. Prisoners
received correspondence for the entity at its discretion, may direct.
(Section 8, Rule 14)
principal office.
When the defendant is a prisoner confined in a jail or g. Republic of the Philippines
institution, service shall be effected upon him or her In case the domestic juridical entity is under receivership h. Municipal Corporations
by the officer having the management of such jail or or liquidation, service of summons shall be made on the (Section 15, Rule 14)
receiver or liquidator, as the case may be.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

proceedings shall be Appeals)

Service upon public corporations. — When the defendant NULLIFIED and the plaintiff shall (b) By leaving copies of the summons at the
is the Republic of the Philippines, service may be be meted APPROPRIATE defendant's office or regular place of
effected on the Solicitor General; in case of a province, SANCTIONS. business with some competent person
city or municipality, or like public corporations, service in charge thereof. A competent person
may be effected on its executive head, or on such SUMMONS RETURNED WITHOUT BEING includes, but not limited to, one who
other officer or officers as the law or the court may SERVED ON ANY OR ALL THE DEFENDANTS customarily receives correspondences for
direct. ❖ the court shall order the plaintiff to cause the defendant;
the service of summons by other means ➢ A person on whom the
available under the Rules. substituted service will be made
WHO MAY SERVE (Section 3) must be the one managing the
● The summons may be served by: NB: Failure to comply with the order shall cause office or business of defendant,
1. the sheriff, his deputy, or other proper the dismissal of the initiatory pleading without such as the president or
court officer, and prejudice. manager; and such individual
2. in case of failure of service of summons must have sufficient knowledge
by them, the court may authorize the to understand the obligation of
plaintiff - to serve the summons - together SUBSTITUTED SERVICE (Section 6) the defendant in the summons,
with the sheriff. ● Cases to which it is applicable: its importance, and the
a. Action in personam prejudicial effects arising from
● Summons served by the plaintiff: b. Action in rem inaction on the summons.
1. In cases where summons is to be served c. Action quasi in rem (Manotoc v. Court of Appeals)
outside the judicial region of the court (c) By leaving copies of the summons, if
where the case is pending, the plaintiff ● When allowed refused entry upon making his or her
shall be authorized to cause the service ○ If, for justifiable causes, the defendant authority and purpose known, with any of
of summons. cannot be served personally after at the officers of the homeowners'
2. If the plaintiff is a juridical entity, it least three (3) attempts on two (2) association or condominium
shall notify the court, in writing, and separate dates, service may be effected: corporation, or its chief security officer
name its authorized representative in charge of the community or the
therein, attaching a board resolution or ● How service is affected: building where the defendant may be
secretary's certificate thereto, as the case (a) By leaving copies of the summons at the found; and
may be, stating that such defendant's residence to a person at (d) By sending an electronic mail to the
representative is duly authorized to least eighteen (18) years of age and of defendant's electronic mail address, if
serve the summons on behalf of the sufficient discretion residing therein; allowed by the court.
plaintiff. ➢ To be of sufficient discretion,
such a person must know how to SERVICE OF SUMMONS BY PUBLICATION (Section 16)
PLAINTIFF AS SERVER OF SUMMONS read and understand English to ● (Constructive Notice)
❖ Misrepresentation by the plaintiff comprehend the import of the ● Cases to which it is applicable:
➢ If the plaintiff misrepresents that summons, and fully realize the a. Action in personam
the defendant was served need to deliver that summons b. Action in rem
summons, and it is later proved and complaint to the defendant c. Action quasi in rem
that no summons was served, at the earliest possible time for ● Requirements:
the case shall be dismissed the person to take appropriate a. In any action where the defendant is
WITH PREJUDICE, the actions. (Manotoc v. Court of designated as an unknown owner, or

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

the like, or whenever his or her or and serve a copy of the return to the plaintiff's
whereabouts are unknown; b. as provided for in international counsel:
b. Identity cannot be ascertained by conventions to which the Philippines a. personally,
diligent inquiry; is a party; or b. by registered mail, or
c. Within ninety (90) calendar days from c. by publication in a newspaper of c. by electronic means authorized by the
the commencement of the action; and general circulation in such places and Rules.
d. Service may, by leave of court, be for such time as the court may order, in
effected upon him or her by which case a copy of the summons and Should substituted service have been effected, the return
publication in a newspaper of general order of the court shall be sent by shall state:
circulation and in such places and for registered mail to the last known address (1) The impossibility of prompt personal service
such time as the court may order. of the defendant, or in any other manner within a period of thirty (30) calendar days from
the court may deem sufficient. issue and receipt of summons;
NB: Any order granting such leave shall (2) The date and time of the three (3) attempts on
specify a reasonable time, which shall Any order granting such leave shall at least (2) two separate dates to cause personal
not be less than sixty (60) calendar specify a reasonable time, which shall service and the details of the inquiries made to
days after notice, within which the not be less than sixty (60) calendar locate the defendant residing thereat; and
defendant must answer. days after notice, within which the (3) The name of the person at least eighteen (18)
defendant must answer. years of age and of sufficient discretion residing
EXTRATERRITORIAL SERVICE OF SUMMONS (Section thereat; name of competent person in charge of
17) LEAVE OF COURT (Section 19) the defendant's office or regular place of business,
● WHEN APPLICABLE: ● Any application to the court under this Rule for or name of the officer of the homeowners'
○ When the defendant does not reside leave to effect service in any manner for which association or condominium corporation or its chief
and is not found in the Philippines, and leave of court is necessary shall be made by: security officer in charge of the community or
➔ motion in writing, building where the defendant may be found.
● REQUIREMENTS: ➔ supported by an affidavit of the plaintiff
1. the action affects the personal status or some person on his behalf, PROOF OF SERVICE (Section 21)
of the plaintiff or ➔ setting forth the grounds for the ● The proof of service of a summons shall be made
2. relates to, or the subject of which is, application. in writing by the server and shall set forth the
property within the Philippines, in manner, place, and date of service; shall specify
which the defendant has or claims a ● When required? any papers which have been served with the
lien or interest, actual or contingent, or 1. Summons by publication process and the name of the person who received
3. in which the relief demanded consists, 2. Extraterritorial service of summons the same; and shall be sworn to when made by a
wholly or in part, in excluding the 3. Service of summons on a foreign private person other than a sheriff or his or her deputy.
defendant from any interest therein, or entity which has not been registered or
4. the property of the defendant has been has no resident agent. NB: If summons was served by electronic mail, a printout of
attached within the Philippines, said e-mail, with a copy of the summons as served, and the
RETURN (Section 20) affidavit of the person mailing, shall constitute as proof of
➢ service may, by leave of court, ● Within thirty (30) calendar days from issuance service.
be effected out of the of summons by the clerk of court and receipt
Philippines: thereof, the sheriff or process server, or person PROOF OF SERVICE BY PUBLICATION (Section 22)
authorized by the court, shall complete its service. ● If the service has been made by publication,
● HOW SERVICE IS EFFECTED: ● Within five (5) calendar days from service of service may be proved by the:
a. by personal service as under Section 6; summons, the server shall file with the court 1. affidavit of the publisher, editor, business

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

or advertising manager,
2. to which affidavit a copy of the publication
shall be attached and
3. by an affidavit showing the deposit of a
copy of the summons and order for
publication in the post office, postage
prepaid, directed to the defendant by
registered mail to his or her last known
address.

VOLUNTARY APPEARANCE (Section 23)

● The defendant's voluntary appearance in the
action shall be equivalent to service of
summons. The inclusion in a motion to dismiss of
other grounds aside from lack of jurisdiction over
the person of the defendant shall be deemed a
voluntary appearance.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

INCIDENTS AFTER SUMMONS WAS

3. File a notice of dismissal (RULE 17) dismissed at the plaintiffs
● The trial court has no discretion instance save upon approval of

SERVED ON THE DEFENDANT

or option to deny the motion, the court and upon such terms
since dismissal by the plaintiff and conditions as the court
under Sec. 1, Rule 17 is deems proper. If a counterclaim
INCIDENTS BY THE PLAINTIFF (Rule 10) guaranteed as a matter of right.
(O.B. Jovenir Construction
has been pleaded by a
defendant prior to the service
and Development Corp., et al. upon him or her of the
1. Amendment as a matter of right (Section 2)
v. Macamir Realty and plaintiff's motion for
● A party may amend his pleading
Development Corp., et al.,) dismissal, the dismissal shall
once as a matter of right:
● Section 1. Dismissal upon be limited to the complaint.
○ at any time before a
notice by plaintiff. — A ○ The dismissal shall be
responsive pleading
complaint may be dismissed by without prejudice to the
is served or,
the plaintiff by filing a notice of right of the defendant to
○ in the case of a reply, at
dismissal at any time before prosecute his or her
any time within ten
service of the answer or of a counterclaim in a
(10) calendar days
motion for summary separate action unless
after it is served.
judgment. within fifteen (15)
○ Upon such notice being calendar days from
2. File a supplemental pleading (Section 6)
filed, the court shall notice of the motion he
● Upon motion of a party, the
issue an order or she manifests his or
court may, upon reasonable
confirming the her preference to have
notice and upon such terms
dismissal. his or her
as are just, permit him or her to
counterclaim resolved
serve a supplemental pleading
in the same action.
setting forth transactions, GENERAL RULE: Unless otherwise
occurrences or events which The dismissal is without prejudice, specified in the order, a
have happened since the date
dismissal under this
of the pleading sought to be EXCEPTIONS: paragraph shall be
supplemented. 1. Unless otherwise stated in the without prejudice.
○ The adverse party may notice; ○ A class suit shall not be
plead thereto within ten 2. Twin Dismissal Rule dismissed or
(10) calendar days from a. The plaintiff has twice compromised without
notice of the order dismissed actions; the approval of the
admitting the b. Based on or including court.
supplemental pleading. the same claim; or
● The office of a supplemental c. In a court of competent
pleading is to state facts or jurisdiction.
events arising after the initial
pleading was filed. (Felix
Gochan and Sons Realty ● Section 2. Dismissal upon
Corp. v. Commission on Audit motion of plaintiff. — Except
and City Government of Cebu) as provided in the preceding
section, a complaint shall not be

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

INCIDENTS BY THE DEFENDANT

A. MOTION (RULE 15)
● A motion is an application for relief other than by a
pleading. LITIGIOUS VS. NON LITIGIOUS MOTIONS
LITIGIOUS (SECTION 5) NON LITIGIOUS (SECTION 4)
NB: Under new rules, the motion for extension to submit
answer, only once (a) Litigious motions include: Motions which the court may act upon
1. Motion for bill of particulars; without prejudicing the rights of adverse
2. Motion to dismiss; parties are non-litigious motions. These
RULES ON MOTIONS (SECTION 2) 3. Motion for new trial; motions include:
4. Motion for reconsideration;
5. Motion for execution a) Motion for the issuance of
GENERAL RULE: pending appeal; an alias summons;
● All motions shall be in writing. 6. Motion to amend after a b) Motion for extension to file
responsive pleading has answer;
been filed; c) Motion for postponement; Q: Is the court required to conduct a hearing on
EXCEPTION: 7. Motion to cancel statutory d) Motion for the issuance of litigious motion?
lien; a writ of execution;
● Except those made in open court or in the course 8. Motion for an order to e) Motion for the issuance of A: No. The general rule is that a hearing is not required.
of a hearing or trial. break in or for a writ of an alias writ of execution; Section 6. Notice of hearing on litigious motions;
demolition; f) Motion for the issuance of
○ ORAL MOTION: A motion made in open 9. Motion for intervention; a writ of possession; DISCRETIONARY. — The court may, in the exercise of
court or in the course of a hearing or trial 10. Motion for judgment on the g) Motion for the issuance of its discretion, and if deemed necessary for its
pleadings; an order directing the
should immediately be resolved in 11. Motion for summary sheriff to execute the final resolution, call a hearing on the motion. The notice of
open court, after the adverse party is judgment; certificate of sale; and hearing shall be addressed to all parties concerned, and
12. Demurrer to evidence; h) Other similar motions.
given the opportunity to argue his or her 13. Motion to declare shall specify the time and date of the hearing.
opposition thereto. defendant in default; and These motions shall not be set for
14. Other similar motions. hearing and shall be resolved by the
court within five (5) calendar days from ADDITIONAL RULES ON MOTIONS:
NB: When a motion is based on facts not appearing on (b) All motions shall be served by receipt thereof. ❖ Section 7. Proof of service necessary. — No
personal service, accredited private
record: courier or registered mail, or written motion shall be acted upon by the court
➔ The court may hear the matter on affidavits or electronic means so as to ensure their without proof of service thereof, pursuant to
receipt by the other party.
depositions presented by the respective Section 5(b) hereof.
parties, but the court may direct that the matter be (c) The opposing party shall file his or ❖ Section 8. Motion day. — Except for motions
her opposition to a litigious motion
heard wholly or partly on oral testimony or within five (5) calendar days from requiring immediate action, where the court
depositions. receipt thereof. No other submissions decides to conduct hearing on a litigious motion,
shall be considered by the court in the
resolution of the motion. the same shall be set on a Friday.
ORAL MOTION VS. WRITTEN MOTION
The motion shall be resolved by the
court within fifteen (15) calendar days PROHIBITED MOTIONS
from its receipt of the opposition thereto, ● The following motions shall not be allowed:
or upon expiration of the period to file
such opposition. (a) Motion to dismiss except on the
following grounds:
1) That the court has no jurisdiction
over the subject matter of the
claim;

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2) That there is another action Section 21(b), Rule 141, to be

pending between the same submitted either at the time of MOTIONS THAT MAY BE FILED BY THE
parties for the same cause; and the filing of said motion or not DEFENDANT AT THIS STAGE
later than the next hearing date.
A. Motion for extension to file an answer (Section 11,
3) That the cause of action is The clerk of court shall not
Rule 11)
barred by a prior judgment or by accept the motion unless ● A defendant may, for meritorious reasons,
the statute of limitations; accompanied by the original be granted an additional period of not
receipt. more than thirty (30) calendar days to file
(b) Motion to hear affirmative defenses; an answer.
MOTION FOR LEAVE (Section 10) ● A defendant is only allowed to file one (1)
(c) Motion for reconsideration of the ● A motion for leave to file a pleading or motion shall motion for extension of time to file an
court's action on the affirmative be accompanied by the pleading or motion sought answer.
defenses; to be admitted.
B. Motion to dismiss
1. Lack of jurisdiction over the subject matter;
(d) Motion to suspend proceedings 2. Res Judicata;
without a temporary restraining order OMNIBUS MOTION RULE (Section 9) 3. Lis pendencia; and
or injunction issued by a higher court; ● GENERAL RULE: Subject to the provisions of 4. Prescription
Section 1 of Rule 9, a motion attacking a
(e) Motion for extension of time to file pleading, order, judgment, or proceeding shall C. Motion for bill of particulars (Section 1, Rule 12)
pleadings, affidavits or any other include all objections then available, and all ● Before responding to a pleading, a party
may move for a definite statement or for
papers, except a motion for extension to objections not so included shall be deemed
a bill of particulars of any matter, which
file an answer as provided by Section 11, waived. is not averred with sufficient definiteness
Rule 11; and ○ Section 1, Rule 9. Defenses and or particularity, to enable him or her
objections not pleaded. — Defenses properly to prepare his or her responsive
(f) Motion for postponement intended for and objections not pleaded either in a pleading. If the pleading is a reply, the
delay, motion to dismiss or in the answer are motion must be filed within ten (10) calendar
(i) except if it is based on acts of DEEMED WAIVED. However, when it days from service thereof.
God, force majeure or appears from the pleadings or the ● Such motion shall point out the defects
complained of, the paragraphs wherein
physical inability of the evidence on record that the court has no
they are contained, and the details
witness to appear and testify. jurisdiction over the subject matter, that desired.
If the motion is granted based on there is another action pending between
such exceptions, the moving the same parties for the same cause, or Section 2. Upon the filing of the motion, the clerk of court
party shall be warned that the that the action is barred by a prior must immediately bring it to the attention of the court which may
presentation of its evidence must judgment or by statute of limitations, the either:
still be terminated on the dates court shall dismiss the claim. 1. deny or grant it outright or
previously agreed upon. ➔ Section 3. Compliance with order. — If the
motion is granted, either in whole or in
(ii) A motion for postponement, ● EXCEPTIONS:
part, the compliance therewith
whether written or oral, shall, at 1. Lack of jurisdiction over the subject ◆ must be effected within ten (10)
all times, be accompanied by matter; calendar days from notice of the
the original official receipt 2. Res Judicata; order, unless a different period is
from the office of the clerk of 3. Lis pendencia; and fixed by the court.
court evidencing payment of 4. Prescription ◆ The bill of particulars or a more
the postponement fee under definite statement ordered by the

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

KINDS OF DEFENSES when not specifically denied.

court may be filed either in a
separate or in an amended 1. NEGATIVE DEFENSES
pleading, serving a copy thereof ● Section 5, Rule 6. Defenses. — ❖ Negative pregnant:
on the adverse party. Defenses may either be negative or ➢ Denying but admitting. Paraphrasing.
2. allow the parties the opportunity to be heard. affirmative.
2. AFFIRMATIVE DEFENSES
EFFECT OF NON-COMPLIANCE (a) A negative defense is the specific ● Section 5, Rule 6. Defenses. — Defenses may
● Section 4. — If the order is not obeyed, or in case of denial of the material fact or facts either be negative or affirmative.
insufficient compliance therewith, the court may:
alleged in the pleading of the claimant (b) An affirmative defense is an allegation
○ order the striking out of the pleading or
the portions thereof to which the order essential to his cause or causes of of, a new matter which, while
was directed or make such other order as it action. hypothetically admitting the material
deems just. allegations in the pleading of the
❖ Modes of specific denial: claimant, would nevertheless prevent
a. Specific absolute denial — A defendant or bar recovery by him or her. The
STAY OF PERIOD TO FILE RESPONSIVE PLEADING must specify each material allegation affirmative defenses include:
● Section 5. — After service of the bill of particulars of fact the truth of which he does not 1. fraud
or of a more definite pleading, or after notice of
admit and, whenever practicable, shall 2. statute of limitations
denial of his motion:
○ the moving party may file his responsive set forth the substance of the matters 3. release
pleading within the period to which he was upon which he relies to support his 4. payment
entitled at the time of filing his motion, which denial. 5. illegality
shall not be less than five (5) calendar days 6. statute of frauds
in any event. b. Partial specific denial – Where a 7. estoppel
defendant desires to deny only a part of 8. former recovery
an averment, he or she shall specify so 9. discharge in bankruptcy
B. ANSWER — RESPONSIVE PLEADING (RULE 11) much of it as is true and material and 10. any other matter by way of
shall deny only the remainder. confession and avoidance.
Section 1. Answer to the complaint. — The defendant
shall file his answer to the complaint within thirty (30) c. Denial by disavowal of knowledge — NB: Affirmative defenses may also
calendar days after service of summons Where a defendant is without include grounds for the dismissal of a
○ unless a different period is fixed by the knowledge or information sufficient to complaint, specifically:
court. form a belief as to the truth of a 1. that the court has no jurisdiction
material averment made to the over the subject matter
PARTS OF AN ANSWER complaint, he shall so state, and this 2. that there is another action
1. Caption
shall have the effect of a denial. pending between the same
2. Body
a. Paragraph parties for the same cause, or
b. Heading ❖ Material averments which are not specifically 3. that the action is barred by a
c. Relief denied: prior judgment.
3. Signature ➢ Allegations not specifically denied
4. Verification (Generally not required, no law requiring an deemed admitted. (Section 11, Rule 8) CATEGORY A CATEGORY B
answer in ordinary civil action to have verification) — Material averments in a pleading (Section 12 (a), Rule 8) Section 5 (b), Rule 6
5. Certification against forum shopping (Generally not asserting a claim or claims, other than
required)
those as to the amount of unliquidated (a) A defendant shall raise his affirmative (b) An affirmative defense is an
damages, shall be deemed admitted defenses in his answer, which shall be allegation of, a new matter which,

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

limited to the reasons set forth under while hypothetically admitting the
3. Misjoinder of cause of action
Section 5(b), Rule 6, and the following material allegations in the 4. Contesting an action based on actionable
grounds: pleading of the claimant, would document
1. That the court has no nevertheless prevent or bar a. The denial must be under oath (there
jurisdiction over the person of recovery by him or her. The
the defending party; affirmative defenses include: must be a verification)
2. That venue is improperly laid; 1. fraud b. Genuineness and due execution of the
3. That the plaintiff has no legal 2. statute of limitations actionable document shall be admitted
capacity to sue; 3. release
4. That the pleading asserting 4. payment
the claim states no cause of 5. illegality PLEADING AN ACTIONABLE DOCUMENT
action; and 6. statute of frauds
5. That a condition precedent for 7. estoppel
(SECTION 7, RULE 8)
filing the claim has not been 8. former recovery
complied with 9. discharge in ● Section 7. Action or defense based on
bankruptcy document. — Whenever an action or defense
Also (not included in the provision): 10. any other matter by is based upon a written instrument or document:
way of confession ○ the substance of such instrument
6. Lack of jurisdiction over the and avoidance. or document shall be set forth in
subject matter
7. Res judicata Lack of jurisdiction - grant - case dismiss - remedy refile - the pleading, and the original or a
copy thereof shall be attached to
labag sa loob remedy: certiorari the pleading as an exhibit, which
shall be deemed to be a part of the
pleading.
● Section 8. How to contest such documents.
— When an action or defense is founded upon
a written instrument, copied in or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under
oath specifically denies them, and sets forth
what he claims to be the facts, but the
requirement of an oath does not apply when the
adverse party does not appear to be a party to
the instrument or when compliance with an
order for an inspection of the original instrument
is refused.

Failure to deny actionable document under oath can be a

ground for judgment on the pleading

IF MOTION TO DISMISS
NOT PURE – Just include motion for reconsideration

ALLEGATIONS UNIQUE TO ANSWER

1. Allegations of negative and affirmative defenses
2. Non Joinder or misjoinder of parties

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may, by leave of court, set up the counterclaim

by amendment before judgment. Effect of Omitted cross-claim
C. EFFECTS OF FAILURE TO PLEAD (RULE 9) ● Amendment
Effect of Counterclaim arising after answer
● May with permission of the court, be presented as Effect of Counterclaim arising after answer
a counterclaim by supplemental pleading before ● Supplemental pleading
judgment.
D. COUNTERCLAIM (SECTION 6 & 7, RULE 6)
B. Permissive counterclaim F. THIRD-PARTY COMPLAINT (SECTION 11,
● Section 6, Rule 6. A counterclaim is any claim RULE 6)
which a defending party may have against the ● A counterclaim is permissive if it does not
opposing party. arise out of is not necessarily connected ● A third (fourth, etc.)-party complaint is a claim
with the subject matter of the opposing that a defending party may, with leave of court,
KINDS OF COUNTERCLAIM party’s claim. (Lafarge Cement file against a person not a party to the action,
A. Compulsory Counterclaim Philippines, Inc. v. Continental Cement called the third (fourth, etc.)-party defendant for
● Section 7, Rule 6. Elements: A Corporation) 1. contribution,
compulsory counterclaim is one which, ● Matter of discretion by the defendant, it 2. indemnity,
being cognizable by the regular courts of will not be barred to be filed in another 3. subrogation or
justice: case if failed to be alleged. 4. any other relief, in respect of his
1. arises out of or is connected with opponent's claim.
the transaction or occurrence Effect of failure to include permissive counterclaim
that is subject matter of the claim in answer WHEN THIRD-PARTY COMPLAINT IS DENIED:
opposing party’s claim. ● A permissive counterclaim not raised in the same ● The third (fourth, etc.)-party complaint shall be
2. The court can acquire action may be set up as an independent action. denied admission, and the court shall require
jurisdiction over third parties the defendant to institute a separate action,
whose presence is essential for NB: Counterclaim and affirmative defense where:
its adjudication. ❖ If affirmative defense is granted, compulsory (a) the third (fourth, etc.)-party defendant
3. The court has subject matter counterclaim may proceed if it will support cannot be located within thirty (30)
jurisdiction over such independent cause of action. calendar days from the grant of such
counterclaim both as to the leave;
amount and nature thereof, E. CROSS-CLAIM (SECTION 8, RULE 6) (b) matters extraneous to the issue in the
except if the counterclaim is principal case are raised; or
pleaded before RTC in which ● A cross-claim is any claim by one party against (c) the effect would be to introduce a new
case jurisdiction over the amount a co-party arising out of the transaction or and separate controversy into the action.
is dispensed with. occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such REQUISITES:
Effect of failure to include compulsory claim in answer cross-claim may include a claim that the party 1. Party to be impleaded must not yet be a party to
● A compulsory counterclaim not raised in the same against whom it is asserted is or may be liable to the action;
action is barred. the cross-claimant for all or part of a claim 2. The the claim against the third-party defendant
asserted in the action against the cross-claimant must belong to the original defendant;
Effect of Omitted counterclaim 3. That the claim of the original defendant against the
● When a pleader fails to set up a counterclaim Effect of failure to include crossclaim claim in answer third-party defendant must be based upon the
through oversight, inadvertence, or excusable ● A compulsory cross claim not raised in the same plaintiff’s claim against the original defendant;
neglect, or when justice requires, he or she action is barred. 4. That the defendant attempting to transfer to the

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third party defendant the liability asserted by the Answer to complaint-in-intervention Within 15 days from notice of order
4. Substituted service
original plaintiff admitting ● Requirements:
a. personal service and service by
PERIODS registered or ordinary mail
Subsequent pleadings and motions cannot be made because the
KINDS OF ANSWER PERIOD IN CALENDAR DAYS ● filed with court (filing of pleading) office and place of residence of
● a copy served to the opposing party (service of the party or the counsel are
Answer to the complaint, generally Within 30 days, after service of
summons. Unless a different pleading) unknown;
period is fixed by the court b. there must be proof of failure of
NB: ANSWER both personal service registered
Answer by a defendant foreign Within 60 days after receipt of ➔ No need for verification except if an actionable mail.
private juridical entity to the summons document will be denied.
complaint
➔ No need for certificate of forum shopping unless NB: How effected: by delivering a copy to the clerk of court
Answer to amended complaint Within 30 days after being served
there is permissive counterclaim. instead of the party concerned.
(filed as a matter of right.) with a copy thereof.

G. SERVICE OF PLEADING (RULE 13) 5. Accredited Carrier

KINDS OF ANSWER PERIOD IN CALENDAR DAYS Accredited carrier By depositing a copy

SERVICE DEFINED (Section 2) with the carrier
Answer to amended complaint Within 15 days from notice of the ● Service is the act of providing a party with a
(filed with leave of court) order admitting the same
copy of the pleading or any other court 6. Facsimile
submission. Sending an e-mail to the party’s or
Answer to counterclaim Within 20 days from service
● If a party has appeared by counsel Facsimile
○ service upon such party shall be made counsel’ electronic mail address.
Answer to cross-claim Within 20 days from service
upon his or her counsel or one of Only if the party concerned
Answer to third-party complaint Same as rule for answer to them, unless service upon the party and consents to such mode.
complaint the party's counsel is ordered by the
Format — Section 12
court. Where one counsel appears for
several parties, such counsel shall only
NB: PERMISSIVE COUNTERCLAIM - A NEED TO FILE Change of electronic mail address
be entitled to one copy of any paper
ANSWER BUT NOT IN COMPULSORY COUNTERCLAIM — Section 11
served by the opposite side.
● Where several counsels appear for one party
KINDS OF ANSWER PERIOD IN CALENDAR DAYS ○ such party shall be entitled to only one 7. Electronic Service
copy of any pleading or paper to be Sending an e-mail to the
Answer to supplemental complaint Within 20 days from notice of the served upon the lead counsel if one is Electronic
order admitting the same. Unless a service party’s or counsel’ electronic
designated, or upon any one of them if
different period is fixed by the mail address.
court. there is no designation of a lead counsel.
Only if the party concerned
Answer to counterclaim, amended, Same as rules for answer to MODES OF SERVICE consents to such mode.
cross-claim amended third party amended complaint. 1. Personal — Section 6, Rule 13
complaint and amended Format — Section 12
complaint-in-intervention 2. Registered mail — Section 7, Rule 13
3. Ordinary mail — Section 7 If and only no registry Change of electronic mail
service is available

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address — Section 11 earlier. other electronic transmission, together

5. Electronic service is complete at the time of the with a printed proof of transmittal.
electronic transmission of the document, or when
8. By other electronic means — sending a copy
available, at the time that the electronic notification
through other electronic means of communication H. EFFECT OF DECLARATION OF DEFAULT
of service of the document is sent. Electronic
as the parties may agree on or upon the direction (RULE 9)
service is not effective or complete if the party
of the court. Only if the party concerned consents.
serving the document learns that it did not reach
the addressee or person to be served. ❖ Declaration of default if defendant failed to file
6. Service by facsimile transmission is complete an answer
CONVENTIONAL SERVICE (Section 14)
upon receipt by the other party, as indicated in the ➢ Requisites:
● Conventional service or filing of orders, pleadings
facsimile transmission printout. 1. The court has validly acquired
and other documents. — Notwithstanding the
foregoing, the following orders, pleadings, and jurisdiction over the person of
PROOF OF SERVICE (Section 17) the defendant;
other documents must be served or filed
● Proof of personal service shall consist of a written 2. The claiming party must file a
personally or by registered mail when allowed,
admission of the party served, or the official return motion to declare defendant in
and shall not be served or filed electronically,
of the server, or the affidavit of the party serving, default;
unless express permission is granted by the Court:
containing a statement of the date, place, and 3. The claiming party must prove
(a) Initiatory pleadings and initial responsive
manner of service. If the service is made by: that the defending party has
pleadings, such as an answer;
(b) Subpoena, protection orders, and writs; failed to answer within the period
(a) Ordinary mail. - Proof shall consist of an provided by the Rules of Court
(c) Appendices and exhibits to motions, or
affidavit of the person mailing stating the 4. The defending party must be
other documents that are not readily
facts showing compliance with Section 7 notified of the motion to declare
amenable to electronic scanning may, at
of this Rule. him in default; and
the option of the party filing such, be filed
(b) Registered mail. - Proof shall be made 5. There must be a hearing to
and served conventionally; and
by the affidavit mentioned above and the declare the defending party in
(d) Sealed and confidential documents or
registry receipt issued by the mailing default.
records.
office. The registry return card shall be
filed immediately upon its receipt by the NB: A party who files his answer in time, but failed to
COMPLETENESS OF SERVICE (Section 15)
sender, or in lieu thereof, the unclaimed serve a copy thereof upon the adverse party, MAY
1. Personal service is complete upon actual
letter together with the certified or sworn VALIDLY BE DECLARED IN DEFAULT. (Gonzales and
delivery.
copy of the notice given by the Mauricio v. Francisco)
2. Service by ordinary mail is complete upon the
postmaster to the addressee.
expiration of ten (10) calendar days after mailing,
(c) Accredited courier service. - Proof shall ❖ Effect of a declaration/order of default
unless the court otherwise provides.
be made by an affidavit of service ● Loss of standing in court, the forfeiture of
3. Service by registered mail is complete upon
executed by the person who brought the one’s right as a party litigant, contestant
actual receipt by the addressee, or after five (5)
pleading or paper to the service provider, or legal adversary, is the consequence of
calendar days from the date he or she received the
together with the courier's official receipt order of default.
first notice of the postmaster, whichever date is
or document tracking number. ● Section 3 (a) — A party in default shall
earlier.
(d) Electronic mail, facsimile, or other be entitled to notice of subsequent
4. Service by accredited courier is complete upon
authorized electronic means of proceedings but not to take part in the
actual receipt by the addressee, or after at least
transmission. - Proof shall be made by trial.
two (2) attempts to deliver by the courier service,
an affidavit of service executed by the ● Default can either be:
or upon the expiration of five (5) calendar days
person who sent the e-mail, facsimile, or a. Total — the parties in default
after the first attempt to deliver, whichever is

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shall not take part in the trial, be delegated to the clerk of 2. Declaration of nullity; or
but shall nonetheless be court. (Section 3, Rule 9) 3. Legal separation
entitled to notices of
subsequent proceedings. NB: The court can still require the plaintiffs to present his NB: In the aforementioned actions, if the defending
Party in total default may loses witness and the court can still render judgment based on party fails to answer, the court shall order the
the right to: the relief prayed for. No need for the Judge to hear, it can Solicitor General or his or her deputized public
1. Present or her defense be designated to the Clerk of Court. prosecutor, to investigate whether or not a
2. Control the proceedings ★ SC decision: For as long as the court has not yet collusion between the parties exists, and if there is
3. Examine or issued an order granting the motion to declare the no collusion, to intervene for the State in order to
cross-examine witness defendant in default, the court may still accept the see to it that the evidence submitted is not
4. Expect that such party’s answer in the interest of justice. fabricated.
pleading would be ○ REMEDY: If an order is already issued,
acted upon by the court the remedy of the defendant is to file a Q: Can a court still admit an answer filed beyond the
nor may object or motion seeking to lift the order of reglementary period as long as it has not issued yet an
refuse evidence or default. The following are the order of default?
motions filed against ○ REQUISITES: A: Yes, provided that there is showing that there is no
him or her. (Oltero v. 1. There must be a motion filed by intention to delay the proceedings and that no prejudice is
Tan) the defendant caused to the plaintiff. (Sablas v. Sablas)
2. Motion must be under oath,
Nonetheless, a party in default may still affidavit of merit required. However, the Supreme Court clarified the ruling in Sablas
appear as witness. 3. Grounds that can be raised: and held that it is not mandatory on the part of the trial court
a. Fraud (extrinsic fraud) to admit an answer which is belatedly filed even though the
b. Partial (Section 3 (c)) — when b. Accident defendant is not yet declared in default. Settled is the rule
a pleading asserting a claim c. Mistake that it is within the discretion of the trial court to permit
states a common cause of action 4. Excusable negligence, even if the filing of an answer even beyond the reglementary
against several defending the defendant exercised due period, provided that there is justification for the
parties, some of whom answer diligence, hindi talaga kakayanin belated action and there is no showing that the
and the others fail to do so, the mag file answer on time. defendant intended to delay the proceeding. (Vitarich
court shall try the case 5. Meritorious defense Corporation v. Dagmil)
against all upon the answers
thus filed and render ❖ Extent of relief to be awarded (Section 3 (d)) ❖ REMEDIES
judgment upon the evidence ➢ If the court chose to proceed to render
presented. judgment granting the claimant such
relief as his or her pleading may warrant:
❖ Action of the court after the declaration/order ■ A judgment rendered against a
of default party in default shall not exceed
➢ The court shall: the amount or be different in kind
1. Proceed to render judgment from that prayed for nor award
granting the claimant such unliquidated damages.
relief as his or her pleading may
warrant; or ❖ Cases where no default is allowed (Section 3
2. Require the claimant to submit (e))
evidence ex parte which may 1. Annulment;

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NOTES: declaring the defendant in default despite

● FRAUD improper service of summons) such as
○ Refers to extrinsic fraud. There is where the court has not acquired
extrinsic fraud when a party is prevented jurisdiction over the defendants. Similarly,
from fully presenting his case to the court there is jurisprudence stating that “when
as when the lawyer connives to defeat or a motion to lift an order of default
corruptly sells out his client’s interest. contains the reasons for failure to
Extrinsic fraud can be committed by a answer as well as the facts
counsel against his client when the latter constituting the prospective defense
is presenting his case to the court. of the defendant and it is sworn to by
○ Includes where the counsel conspires said defendant, neither a formal
with the sheriff. verification nor a separate affidavit merit
● MISTAKE is necessary.” (Spouses Manuel v. Ong
○ Mistake refers to a mistake of fact. citing Ponio v. Intermediate Appellate
● EXCUSABLE NEGLIGENCE Court)
○ One which ordinary diligence and
prudence could not have guarded
against, and these circumstances should
be properly alleged and proved.
○ Honest belief by the petitioner’s counsel
that the parties entering into a settlement
out-of-court, such that petitioner’s counsel
failed to notice that the 15–day period had
already passed, cannot be considered an
excusable negligence so as to justify the
order of default. (Far East Fuel
Corporation v. Airtropolis
Consolidated Philippines, Inc.,)
● MERITORIOUS DEFENSE
○ Could either be factual or refer to one of
the affirmative defenses.
● When affidavit invoking the grounds and
affidavit of merit are not required:
○ There is jurisprudence to the effect that
an affidavit of merit is not necessary
where a motion to lift an order of default is
grounded on the very root of the
proceedings (a court issued order

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

NB: If the defendant files an answer and specifically denies a pleading or motion shall be
allegations in the complaint. There will be a joinder of issues. accompanied by the pleading or At this stage [amendment as a matter of right], a party has
motion sought to be admitted. the absolute right to amend his pleading and may
INCIDENTS AFTER (Section 10, Rule 15) introduce a new cause of action or change in theory.
(National Mines and Allied Workers Union v. Hon.
JOINDER OF ISSUES Amendment as matter of right Amendment with leave of court
Caldero-Bargas)

May be done once before a Done after a responsive pleading Considering that plaintiff has the right to amend her
A. INCIDENTS BY THE PLAINTIFF responsive pleading is served. was served. complaint, it is the correlative duty of the trial court to accept
the amended complaint; otherwise, mandamus would lie
I. AMENDMENT (Rule 10) Does not require a motion for leave Requires motion for leave of court. against it. In other words, the trial court’s duty to admit the
of court. amended complaint was purely ministerial. In fact,
a. Amendment as a matter of right
- Not applicable at this stage. NB: Only needs to file a copy of respondent should not have filed a motion to admit her
the amended complaint with the amended complaint. (Alpine Lending Investors v. Corpuz
court copy furnished to the citing Breslin v. Luzon)
b. Amendment by leave of court (Sec. 3) defendant.
● Except as provided in the next
preceding Section, substantial c. Formal amendments (Section 4)
amendments may be made ● COVERAGE: A defect in the
Q: A filed an action for collection of a sum of money against B,
only upon leave of court. amounting to P1.5M in the RTC. B filed an answer alleging lack of designation of the parties and
jurisdiction over the subject matter as one of his affirmative other clearly clerical or
defenses. To prevent the dismissal of the complaint. A filed a motion
● GROUNDS FOR DENIAL: But for leave of court to amend the complaint. In the amended complaint typographical errors
such leave shall be refused if it attached to the motion, A increased the amount of money he is ● HOW AMENDMENT MADE:
appears to the court that the seeking to receive to P2.5M.
may be summarily corrected
motion was made with:
1. intent to delay or 1. Should the court grant the motion for leave to amend the by the court at any stage of the
2. confer jurisdiction on the complaint?
➔ No, such leave shall be refused by the court action:
court, or
3. The pleading stated no cause because the purpose of motion is to confer 1. at its initiative or
of action from the beginning jurisdiction on the court. This is provided under
Section 3, Rule 10 of the Rules of Court. 2. on motion
which could be amended.
provided no prejudice is caused
NB: MOTION IS DISCRETIONARY 2. Assuming that an answer has not yet been filed in court,
can A, as a matter of right, amend the complaint and thereby to the adverse party.
UPON THE COURT.
increase the sum of money in order to confer jurisdiction
to RTC?
● REQUIREMENTS: Orders of the ➔ Yes, since A has not been served with the copy of II. FILE A SUPPLEMENTAL PLEADING (Rule 10)
court upon the matters provided an answer (responsive pleading). As a matter of ● Section 6. Upon motion of a party, the
in this Section shall be made: right, it is not subject to the discretion of the court. court may, upon reasonable notice and
1. upon motion filed in upon such terms as are just, permit him
3. Assuming that B filed a motion to dismiss on the ground
court, and of lack of jurisdiction over the subject matter instead of or her to serve a supplemental pleading
2. after notice to the immediately filing an answer, can A, as a matter of right, setting forth transactions, occurrences or
adverse party, and amend the complaint and increase the sum of money in events which have happened since the
order to confer jurisdiction to RTC?
3. an opportunity to be ➔ Yes, determine first if the motion to dismiss is a date of the pleading sought to be
heard. responsive pleading. In the present case, a motion supplemented. The adverse party may
to dismiss is not a responsive pleading. Hence, A plead thereto within ten (10) calendar
can amend the complaint as a matter of right. days from notice of the order admitting
NB: The motion for leave to file

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

the supplemental pleading.

Defenses cut off by failure to deny agreement of the parties, or that
actionable document under oath: the agreement is invalid or that
III. FILE A REPLY (Rule 6) ➔ The admission of the genuineness there is an intrinsic ambiguity in
● WHAT IS A REPLY (Section 10) and due execution of a document the writing. (Republic v. Court of
○ A reply is a pleading, the office means that the party whose Appeals, G.R. No, 110020)
or function of which is to deny, signature it bears admits that he
or allege facts in denial or voluntarily signed the document EXAMPLES
avoidance of new matters or it was signed by another for Q: A filed an action for the collection of
him and with his authority; that sum of money against B in the RTC. A’s
alleged in, or relating to, said
at the time it was signed it was cause of action is supported by a written
actionable document. in words and figures exactly as promissory note between him and B, the
● WHEN ALLOWED (Section 2 in rel. To set out in the pleading of the substance of which was pleaded in the
Section 10) party relying upon it; that the body of the complaint, with a copy thereof
○ A reply may be filed by a document was delivered; and annexed thereto.
plaintiff or a claiming if and that any formalities required by
only if the defending party law, such as a seal, an 1. What should B do once he was
attaches an actionable acknowledgment, or revenue served with summons and while
stamp, which it lacks, are in the process of preparing his
document.
WAIVED BY HIM. Also, it answer?
○ Must be filed within 15 days from effectively eliminated any defense ➔ B must deny the
service of pleading responded to relating to the authenticity and due promissory note under
(Section 6, Rule 11). execution of the document, e.g., oath which means that
■ Note: should the that the document was spurious, answer must be verified.
plaintiff attach an counterfeit, or of different import on If B will fail to deny it
actionable document to its face as the one executed by the under oath, the
his or her reply, the parties; or that the signatures genuineness and due
appearing thereon were forgeries; execution of the
defendant may file a
or that the signatures were promissory note is
rejoinder but only if unauthorized. (Go Tong deemed admitted, if this
such rejoinder is based Electricity Supply Co, Inc. v. BPI happens B cannot raise
solely on an actionable Family Savings Bank, Inc.) defenses seeking to
document. A question the promissory
surrejoinder is not Defenses are not cut off by failure to deny note.
allowed. actionable document under oath:
➔ Failure to deny the genuineness 2. Assuming that B already filed an
and due execution of an actionable answer annexed with a copy of
An actionable document is a written document does not preclude a an acknowledgment receipt
instrument or a written instrument or party from arguing against it by signed by A, the substance of
document upon which an action or defense is evidence of fraud, mistake, which was pleaded in the body
founded upon. compromise, payment, statute of thereof, what should A do?
limitations, estoppel and want of ➔ A must deny the
Effect of failure to deny under oath: consideration. Neither does it bar acknowledgment receipt
➔ The genuineness and due a party from raising the defense under oath. A must file a
execution of an actionable in his answer or reply and prove reply pleading and the
document shall be deemed at the trial that there is a mistake same must be under
admitted. (Section 8, Rule 8) or imperfection in the writing, or oath. Apply the rules on
that it does not express the true failure just in case.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

complaint. nullity or annulment of marriage or for

Q: When is a denial of an actionable
document under oath not required? ■ The dismissal shall be legal separation, the material facts
A: Even where the written or document without prejudice to alleged in the complaint shall always be
copied in or attached to the pleading is the the right of the proved.
basis of the claim or defense alleged therein, defendant to
if the party against whom the written prosecute his or her ● When cannot be availed:
instrument or document is sought to be counterclaim in a 1. Declaration of nullity of marriage
enforced does not appear therein to have separate action unless 2. Annulment
taken part in its execution, such party is
within fifteen (15) 3. Legal separation
not bound to make a verified specific
denial. (Young Builders Corporation v. calendar days from
Benson Industries. Inc.) notice of the motion he ● How availed:
or she manifests his or ○ On motion
her preference to have ○ Motu proprio
● WHEN ALLOWED (Section 2, Rule 10) his or her counterclaim ■ NB: The court may
○ The plaintiff can amend the reply resolved in the same motu proprio include in
as a matter of right at any time action. the pre-trial order that
within ten (10) calendar days the case be submitted
after it is served. for judgment on the
Notice of Dismissal Dismissal upon motion of the
Plaintiff pleadings. (Section 10,
IV. DISMISSAL UPON MOTION OF THE PLAINTIFF Rule 18)
(RULE 17) May be filed at any time before May be filed after an answer or a
● After an answer or a motion for summary service of the answer or motion motion for summary judgment NB: Judgment on the pleadings will be final and executory
judgment has been served, a plaintiff may for summary judgment. has been served.
still move for the dismissal of the VI. FILE A MOTION FOR SUMMARY JUDGMENT
Through notice. Through motion
complaint, upon approval of the court and (RULE 35)
upon such terms and conditions as the ● Ground:
Dismissal is without prejudice Dismissal is without prejudice
court deems proper. (Section 2 in unless: unless: ○ Permitted only if there is no
relation to Section 10, Rule 17) 1. Otherwise stated in the 1. Otherwise stated in the genuine issue as to any
● Effect of dismissal on the complaint order; or order.
material fact and the moving
2. Twin dismissal rule
upon motion of the Plaintiff: party is entitled to a judgment
○ Unless otherwise specified in the as a matter of law. (215175)
order, dismissal upon motion of V. FILE A MOTION FOR JUDGMENT ON THE ○ There is an issue tendered but is
plaintiff shall be WITHOUT PLEADINGS (RULE 34) not genuine.
PREJUDICE. (Section 2, Rule ● Grounds:
17) 1. When the answer fails to tender ● How availed:
○ IF A COUNTERCLAIM HAS an issue; or ○ On motion
BEEN PLEADED BY A 2. The answer admits the ○ Motu proprio
DEFENDANT PRIOR TO material allegations of the ■ NB: The court may
SERVICE UPON HIM OR HER adverse party’s pleading. motu proprio include in
OF THE PLAINTIFF’S MOTION the pre-trial order that
FOR DISMISSAL: ● The court may; on motion of that party, the case be submitted
■ The dismissal shall be direct judgment on such pleading. for summary judgment
limited to the However, in actions for declaration of

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NB: During the pre-trial, the judge may issue order on

decision based on pleading if no issue tendered or
defendant admitted in the answer. The judge will submit the
B. INCIDENTS BY THE DEFENDANTS
case for summary judgment.
I. AMEND THE ANSWER
CONTENT AND COMMENT BY THE ADVERSE PARTY a. As a matter of right
(Section 3) ● The defendant can amend his
● The motion shall cite: answer as a matter or right
1. the supporting affidavits, depositions or before a copy of the reply is
admissions, and served to him.
2. the specific law relied upon.

● The adverse party may file a comment and b. By leave of court

serve opposing affidavits, depositions, or ● The defendant can amend his
admissions within a non-extendible period of five answer by leave of court after a
(5) calendar days from receipt of the motion. copy of the reply was served to
him.
● NO HEARING REQUIRED: Unless the court
orders the conduct of a hearing, judgment sought
II. FILE A SUPPLEMENTAL PLEADING
shall be rendered forthwith if the pleadings,
supporting affidavits, depositions and admissions
on file, show that, except as to the amount of C. INCIDENTS BY THE THIRD PERSON
damages, there is no genuine issue as to any
material fact and that the moving party is entitled to I. INTERVENE
judgment as a matter of law.

● Any action of the court on a motion for

summary judgment shall not be subject of an:
1. appeal or
2. petition for certiorari,
3. prohibition or
4. mandamus.

FORM OF AFFIDAVIT AND SUPPORTING PAPERS

(Section 5)
● Supporting and opposing affidavits shall be made
on personal knowledge, shall set forth such facts
as would be admissible in evidence, and shall
show affirmatively that the affiant is competent to
testify to the matters stated therein. Certified true
copies of all papers or parts thereof referred to in
the affidavit shall be attached thereto or served
therewith.

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PRE-TRIAL (RULE 18)

(c) The main factual and legal issues to be tried
or resolved;
(d) The propriety of referral of factual issues to
Section 1. When conducted: After the last commissioners;
responsive pleading has been served and filed, the (e) The documents or other object evidence to
be marked, stating the purpose thereof;
branch clerk of court shall issue, within five (5) calendar
(f) The names of the witnesses, and the
days from filing, a notice of pre-trial which shall be set
summary of their respective testimonies;
not later than sixty (60) calendar days from the filing of and
the last responsive pleading. (g) Brief statement of points of law and citation
of authorities.

CONTENTS
● Section 3. The notice of pre-trial shall include the
DATES respectively set for:
(a) Pre-Trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.

● TO WHOM SERVED
○ The notice of pre-trial shall be served on
counsel, or on the party who has no
counsel. The counsel served with such Photo sample is taken from video lecture of Judge Nagpala
notice is charged with the duty of notifying
the party represented by him or her. FILING OF PRE-TRIAL BRIEF (Section 6)
● The parties shall file with the court and serve on
● EFFECT OF NON-APPEARANCE the adverse party, in such manner as shall ensure
○ Non-appearance at any of the foregoing their receipt thereof at least three (3) calendar
settings shall be deemed days before the date of the pre-trial, their
non-compliance at the Pre-Trial and respective pre-trial briefs which shall contain,
shall merit the same sanctions under among others:
(a) A concise statement of the case and the
Section 5 hereof.
reliefs prayed for;
(b) A summary of admitted facts and proposed
stipulation of facts;

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1. acts of God to exist;

2. force majeure, or (g) The requirement for the parties to:
3. duly substantiated 1) Mark their respective evidence if not yet
marked in the judicial affidavits of their
physical inability.
witnesses;
2) Examine and make comparisons of the
● REPRESENTATIVE: A representative may adverse parties' evidence vis-a-vis the copies
appear on behalf of a party, but shall be fully to be marked;
authorized in writing to enter into an amicable 3) Manifest for the record stipulations
settlement to submit to alternative modes of regarding the faithfulness of the reproductions
dispute resolution, and to enter into stipulations or and the genuineness and due execution of the
admissions of facts and documents. adverse parties' evidence;
4) Reserve evidence not available at the
pre-trial, but only in the following manner:
PRE-TRIAL PROPER 1) For testimonial evidence, by giving
Include legal and factual issues and applicable laws (a) The possibility of an amicable settlement or of a the name or position and the nature
submission to alternative modes of dispute resolution; of the testimony of the proposed
Photo sample is taken from video lecture of Judge Nagpala ➢ Judge will ask the parties if they are willing for witness;
an amicable settlement. 2) For documentary evidence and other
(b) The simplification of the issues;
● EFFECT OF NON-FILING: object evidence, by giving a
➢ Judge will ask the plaintiff and the defendant to particular description of the
○ Failure to file the pre-trial brief
enumerate his legal issues. evidence.
shall have the same effect as (c) The possibility of obtaining stipulations or
failure to appear at the admissions of facts and of documents to avoid No reservation shall be allowed if not made in
pre-trial. unnecessary proof; the manner described above. (h)
➢ Judge will ask the plaintiff to enumerate the (h) Such other matters as may aid in the prompt disposition
NATURE AND PURPOSE factual allegations that he would like the of the action.
● Section 2. The pre-trial is mandatory and should defendant to admit.
➢ Judge will ask the defendant to enumerate the
be terminated promptly. PRE-TRIAL ORDER (Section 7)
factual allegations that he would like the
plaintiff to admit.
● Upon termination of pre-trial, the court shall issue
APPEARANCE DURING PRE-TRIAL (Section 4) (d) The limitation of the number and identification of an order within ten (10) calendar days which shall
● Who should appear witnesses and the setting of trial dates; recite in detail the matters taken up.
○ Both the parties and their counsel: It ➢ The plaintiff should interpose his objections if ● CONTENTS
shall be the duty of the parties and their the defendant named a witness whose judicial (a) An enumeration of the admitted facts;
counsel to appear at the pre-trial, affidavit is not attached to the answer. (b) The minutes of the pre-trial conference;
court-annexed mediation, and judicial INVOKING THE RULE OF PRECLUSION. (c) The legal and factual issues to be tried;
And vice versa.
dispute resolution, if necessary. (d) The applicable law, rules, and
(e) The advisability of a preliminary reference of issues
■ VALID GROUNDS FOR jurisprudence;
to a commissioner;
NON-APPEARANCE: The (f) The propriety of rendering judgment on the (e) The evidence marked;
non-appearance of a party and pleadings, or summary judgment, or of dismissing (f) The specific trial dates for continuous
counsel may be excused only for the action should a valid ground therefore be found trial, which shall be within the period

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provided by the Rules; ● SHALL FURTHER CONTAIN THE FOLLOWING:

(g) The case flowchart to be determined by ○ Should the opposing party fail to
the court, which shall contain the different appear without valid cause stated in the
stages of the proceedings up to the next preceding paragraph, the
promulgation of the decision and the use presentation of the scheduled witness will
of time frames for each stage in setting proceed with the absent party being
the trial dates; deemed to have waived the right to
(h) A statement that the one-day examination interpose objection and conduct
of witness rule and most important cross-examination.
witness rule under A.M. No. 03-1-09-SC
(Guidelines for Pre-Trial) shall be strictly ● IMPORTANT NOTE: The contents of the pre-trial
followed; and order shall control the subsequent proceedings,
(i) A statement that the court shall render unless modified before trial to prevent manifest
judgment on the pleadings or summary injustice.
judgment, as the case may be.
➔ Only included if the court
decides to immediately render
judgment after pre-trial.

● SHALL ALSO CONTAIN THE FOLLOWING:

○ The direct testimony of witnesses for the
plaintiff shall be in the form of judicial
affidavits. After the identification of such
affidavits, cross-examination shall
proceed immediately.
○ Postponement of presentation of the
parties' witnesses at a scheduled date
is prohibited
■ except if it is based on acts of
Photo sample is taken from video lecture of Judge Nagpala
God, force majeure or duly
substantiated physical inability of
Q: If pre-trial order contain errors or information that
the witness to appear and testify.
were not tackled during the pre-trial.
The party who caused the
A: The remedy of the party-litigant can file a motion to
postponement is warned that the
correct or amend the pre-trial order within a reasonable
presentation of its evidence must
period of time from receipt of the pre-trial order. Normally
still be terminated within the
the time allowed is incorporated in pre-trial order.
remaining dates previously
agreed upon.

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VIOLATIONS RELATED TO PRE-TRIAL Non-appearance at the court-annexed proprio include in the pre-trial order that
❖ EFFECT OF FAILURE TO APPEAR mediation shall be deemed as the case be submitted for summary
non-appearance at the pre-trial and shall judgment or judgment on the pleadings,
VIOLATION SANCTION
merit the same sanction. (Section 3)
without need of position papers or
Failure to appear, in Waiver of any objections to the faithfulness of
IF THE COURT-ANNEXED MEDIATION FAILED memoranda.
general the reproductions marked, or their genuineness
and due execution (Sec. 2, Rule 18) MAY BE SUBJECTED TO JDR ■ In such cases, judgment shall be
rendered within ninety (90)
Failure of plaintiff Dismissal of the action with prejudice, JUDICIAL DISPUTE RESOLUTION (Section 9) calendar days from termination
and counsel to unless otherwise ordered by the court. (Sec. 5, ● DISCRETIONARY
appear Rule 18) of the pre-trial.
● Only if the judge of the court to which the case was
Failure of defendant Allows the plaintiff to present his or her originally raffled is convinced that settlement is still
● JUDGMENT AFTER PRE-TRIAL IS NOT
and counsel to evidence ex parte within 10 calendar days possible, the case may be referred to another court for
appear from termination of the pre-trial, and the court judicial dispute resolution. SUBJECT TO APPEAL OR CERTIORARI
to render judgment on the basis of the ○ The order of the court to submit the case
evidence presented. (Sec. 5, Rule 18)
○ PERIOD: The judicial dispute resolution shall
be conducted within a non-extendible for judgment pursuant to this Rule shall
period of fifteen (15) calendar days from not be the subject to appeal or certiorari.
❖ EFFECT OF FAILURE TO FILE A PRE-TRIAL BRIEF notice of failure of the court-annexed ■ What is not subject to appeal
VIOLATION SANCTION
mediation. and certiorari is the order of the
○ EFFECT OF FAILURE TO APPEAR:
court to submit the case for
Failure of the Same effect as failure to appear at the pre-trial non-appearance to the JDR shall be deemed
judgment on the pleading or
plaintiff to file brief (Sec. 6, Rule 18) as non-appearance at the pre-trial and shall
merit the same sanctions. (Section 3) summary judgment.
Failure of defendant Same effect as failure to appear at the pre-trial ○ CONFIDENTIALITY RULE: All proceedings
to file brief (Sec. 6, Rule 18)
during the court-annexed mediation and the
Failure to bring Waiver of presentation of such evidence judicial dispute resolution shall be confidential.
evidence required (Sec. 2, Rule 18)
IF JDR FAILS TRIAL BEFORE THE ORIGINAL COURT
COURT-ANNEXED MEDIATION (Section 8) SHALL PROCEED ON THE DATES AGREED UPON
● MANDATORY
JUDGMENT AFTER PRE-TRIAL (Section 10)
● After pre-trial and, after issues are joined, the court
● JUDGMENT ON THE PLEADING / SUMMARY
shall refer the parties for mandatory court-annexed
JUDGMENT
mediation.
○ Should there be no more controverted
○ PERIOD: The period for court-annexed
facts, or no more genuine issue as to
mediation shall not exceed thirty (30)
any material fact, or an absence of any
calendar days without further
issue, or should the answer fail to
extension.
tender an issue, the court shall, without
■ Normally indicated in the pre-trial
prejudice to a party moving for judgment
order.
on the pleadings under Rule 34 or
○ EFFECT OF FAILURE TO APPEAR:
summary judgment under Rule 35, motu

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TRIAL [RULE 30]

TIMEFRAME any books, documents, or other things
❖ Total observed periods: under his or her control.
1. No third (fourth etc.)-party complaint,
IN GENERAL counterclaim, cross-claim ● CONTENTS (Section 3)
● Section 1. Schedule of trial. — The parties shall ● 180 calendar days (Section 1 1. A subpoena shall state the
strictly observe the scheduled hearings as agreed (b), Rule 30) name of the court;
upon and set forth in the pre-trial order. 2. With third (fourth etc.)-party complaint, 2. the title of the action or
counterclaim, cross-claim investigation;
● 300 calendar days (Section 1 3. shall be directed to the person
Section 4. Hearing days and Trial shall be held from
calendar call Monday to Thursday, and (b), Rule 30) whose attendance is required;
courts shall call the cases at and
exactly 8:30 a.m. and 2:00 RECEPTION OF EVIDENCE (Section 9) 4. in the case of a subpoena duces
p.m. pursuant to ● GENERAL RULE: Judge to receive evidence tecum, it shall also contain a
Administrative Circular No. ○ The judge of the court where the case reasonable description of the
3-99. is pending shall personally receive the books, documents or things
evidence to be adduced by the parties. demanded which must appear
Hearing on motions shall be
to the court prima facie relevant.
held on Fridays, pursuant to
Section 8, Rule 15. ● EXCEPTION: The court may delegate the
reception of evidence to its clerk of court who is a ● MANNER OF SERVICE (Section 6)
All courts shall ensure the posting of their court calendars member of the bar. ○ Service of a subpoena shall be
outside their courtrooms at least one (1) day before the 1. In default proceedings; made in the same manner as
scheduled hearings. (Section 4, Rule 30 in relation to OCA 2. In ex parte hearings, personal or substituted
Circular No. 250–2015) 3. In any case where the parties agree in service of summons. The
writing original shall be exhibited and a
copy thereof delivered to the
ORDER OF TRIAL INCLUDING PERIOD PER PHASE NB: The clerk of court shall have no power to person on whom it is served
rule on objections to any question or to the xxxx the service must be made
admission of exhibits, which objections shall be so as to allow the witness a
resolved by the court upon submission of his or her reasonable time for
report and the transcripts within ten (10) calendar preparation and travel to the
days from termination of the hearing. place of attendance.
○ If the subpoena is duces tecum,
SUBPOENA (Rule 21) the reasonable cost of producing
● KINDS (Section 1) the books, documents or things
1. Subpoena ad testificandum — a demanded shall also be
process directed to a person requiring tendered.
him or her to attend and to testify at the
hearing or the trial of an action, or at any ● GROUNDS FOR QUASHAL
investigation conducted by competent Subpoena ad testificandum Subpoena duces tecum
authority, or for the taking of his or her
deposition. 1. The witness is not 1. If it is unreasonable
2. Subpoena duces tecum — It may also bound thereby and oppressive, or
require him or her to bring with him or her 2. The relevancy of the

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books, documents or
granted if:
B. Court may cite a. It appears upon affidavit or
things does not appear,
or
the person in sworn certification that the
3. If the person in whose contempt of presence of such party or
behalf the subpoena is court counsel at the trial is
issued fails to advance
the reasonable cost of indispensable; and
the production thereof ADJOURNMENT AND POSTPONEMENT (Section 2) b. That the character of his or her
illness is such as to render his or
In either case, on the ground that the witness fees and kilometrage her non-attendance excusable.
allowed were not tendered when the subpoena was served. ❖ Adjournment
➢ The power to adjourn may be: (Section 7, Rule 18 in relation
1. For a period no longer than one to Section 3, Rule 30)
● CONSEQUENCES (1) month for each adjournment;
2. Nor more than three (3) months NB: Section 3, Rule 30. Requisites of
Consequences of failure to appear despite motion to postpone trial for absence of
in all, except when authorized in
receipt of subpoena: evidence. — A motion to postpone a trial
writing by the Court
Administrator. on the ground of absence of evidence can
CAN COMPEL CANNOT COMPEL be granted only upon affidavit showing
NB: A court may adjourn a trial the materiality or relevancy of such
A. Court may (Section 10) The from day to day, and to any evidence, and that due diligence has
compel provisions of sections 8 stated time, as the expeditious been used to procure it. But if the adverse
attendance and 9 of this Rule shall not and convenient transaction of party admits the facts to be given in
(Section 8) apply to a witness: business may require, but shall evidence, even if he objects or reserves
1. who resides have no power to adjourn a trial the right to object to their admissibility, the
The court or judge issuing more than one for a longer period than one trial shall not be postponed. (4a, R22; Bar
the subpoena may issue a hundred (100) month for each adjournment nor Matter No. 803, 21 July 1998)
WARRANT TO ARREST kilometers from more than three months in all,
the witness: his residence to except when authorized in Section 2, Rule 30. The party who
1. In case of failure the place where writing by the Court caused the postponement is warned that
of a witness to he is to testify by Administrator, Supreme Court. the presentation of its evidence must still
attend; the ordinary be terminated within the remaining dates
2. With proof of the course of travel, ❖ Postponement previously agreed upon.
service of the or ➢ Postponement of presentation of the
subpoena 2. to a detention parties’ witnesses at a scheduled date is ➢ Effect of failure to appear
prisoner if no prohibited. (Section 7, Rule 18) ○ Should the opposing party fail to
NB: the cost of such permission of ➢ Exceptions: appear without valid cause, the
warrant and seizure of the court in 1. Acts of God presentation of the scheduled
such witness shall be paid which his case is 2. Force majeure witness will proceed with the
by the witness if the court pending was 3. If it is duly substantiated physical absent party being deemed to
issuing it shall determine obtained. inability of the witness to appear have waived the right to
that his failure to answer and testify. interpose objection and conduct
the subpoena was willful cross-examination. (Section 7,
and without just excuse. A motion to postpone a trial on the ground Rule 18)
of illness of a party or counsel may be

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FORMAL OFFER OF EVIDENCE (Section 6) order of the court ○ The counterclaim may remain for
● The offer of evidence, the comment or objection independent adjudication of the court.
thereto, and the court ruling shall be made orally in ➔ the complaint may be dismissed upon motion of
accordance with Sections 35 to 40 of Rule 132. the defendant or upon the court's own motion, ➢ Complaint was dismissed upon motion of the
without prejudice to the right of the defendant to plaintiff
prosecute his or her counterclaim in the same or in ○ The dismissal shall be without prejudice
CONSOLIDATION OR SEVERANCE (RULE 31) a separate action. to the right of the defendant to prosecute
his or her counterclaim in a separate
❖ CONSOLIDATION (Section 1) NB: This dismissal shall have the effect of an adjudication action unless within fifteen (15) calendar
➢ When actions involving a common upon the merits, unless otherwise declared by the court. days from notice of the motion he or she
question of law or fact are pending manifests his or her preference to have
before the court, ● Effect of dismissal on counterclaim his or her counterclaim resolved in the
■ it may order a joint hearing or (Section 3, Rule 17) same action.
trial of any or all the matters in ○ The dismissal is without
issue in the actions; prejudice to the right of the ➢ Complaint was dismissed due to the fault of the
■ it may order all the actions defendant to prosecute his or plaintiff
consolidated, and it may make her counterclaim in the same or ○ The dismissal is without prejudice to the
such orders concerning in a separate action. right of the defendant to prosecute his or
proceedings therein as may tend her counterclaim in the same or in a
to avoid unnecessary costs or NOTICE OF DISMISSAL DISMISSAL UPON DISMISSAL DUE TO
separate action.
delay. MOTION OF THE THE FAULT OF THE
PLAINTIFF PLAINTIFF
TRIAL BY COMMISSIONERS
❖ SEVERANCE (Section 2) Section 1, Rule 17 Section 2, Rule 17 Section 3, Rule 17
❖ Referral by consent
➢ The court, in furtherance of convenience ➢ By written consent of both parties
or to avoid prejudice: May filed at any time May be filed after an Usually, during trial ■ the court may order any or all
■ may order a separate trial of before service of the answer or motion for proper. of the issues in a case to be
answer or motion for summary judgment has
any claim, cross-claim, summary of judgment. been served. referred to a commissioner to
counterclaim, or third-party be agreed upon by the parties or
complaint, or of any separate THROUGH NOTICE THROUGH MOTION Done upon MOTION OF to be appointed by the court. As
THE DEFENDANT or
issue or of any number of upon COURT’S OWN used in these Rules, the word
claims, cross-claims, MOTION. "commissioner" includes a
counterclaims, third-party referee, an auditor and an
Dismissal is WITHOUT Dismissal is WITHOUT Dismissal is WITH
complaints or issues. PREJUDICE unless: PREJUDICE unless: PREJUDICE unless:
examiner.
1. Otherwise 1. Otherwise 1. Otherwise ❖ Reference ordered on motion
stated in the stated in the declared by
DISMISSAL THROUGH FAULT OF PLAINTIFF order; or order. the court.
➢ When the parties do not consent
(Section 3, Rule 17) 2. Twin ■ the court may, upon the
dismissal
● If, for no justifiable cause, the plaintiff fails: rule.
application of either or of its own
1. to appear on the date of the motion, direct a reference to a
presentation of his or her evidence in commissioner in the following
chief on the complaint; EFFECT OF DISMISSAL OF COMPLAINT TO cases:
2. to prosecute his or her action for an COUNTERCLAIM (a) When the trial of an
unreasonable length of time; or ➢ Based on the affirmative defenses alleged in the issue of fact requires
3. to comply with these Rules or any answer: the examination of a

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long account on either

side, in which case the
commissioner may be
directed to hear and
report upon the whole
issue or any specific
question involved
therein;
(b) When the taking of an
account is necessary
for the information of
the court before
judgment, or for
carrying a judgment or
order into effect.
(c) When a question of
fact, other than upon
the pleadings, arises
upon motion or
otherwise, in any stage
of a case, or for
carrying a judgment or
order into effect.

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JUDGMENT
Exception: Where the inevitable conclusion from the body by the court.
of the decision is so clear as to show that there was a
● A judgment is a final ruling by a court of competent mistake in the disposition portion, the body of the decision Compromise ● Court annexed mediation
jurisdiction regarding the rights of the parties or will prevail. (Rosales v. Court of Appeals and National judgment ● Judicial Dispute Resolution
other matters submitted to it in an action or a Development Corp., G.R. No. 137566) ● Trial
● Lawyers of both parties were able to
proceeding. (1414123) convince their client to compromise and
PERIOD TO DECIDE submit the agreement to court. Judgment
Requirements (Section 1, Rule 36): A judgment or final ● The court shall decide and serve copies of its can be based on this.
order determining merits of the case shall be: decision to the parties within a period not
1. In writing exceeding ninety (90) calendar days from the Judgment on
agreed
2. Directly prepared by the judge; submission of the case for resolution, with or statement of
3. Stating clearly and distinctly the facts and law on without memoranda. facts
which it is based;
4. Signed by the judge EXTENSION OF PERIOD Judgment on GROUNDS:
5. Filed with the clerk of court ● The Court usually allows reasonable extensions of the pleadings 1. Where an answer fails to tender an
(Rule 34) issue; or
time to decide cases in view of the heavy caseload 2. otherwise admits the material
Parts of judgment (Velarde v. Social Justice Society): of the trial courts. If a judge is unable to comply allegations of the adverse party's
The Supreme Court identified the essential parts of a good with the 90-day reglementary period for deciding pleading
decision: cases or matters, he/she can, for good reasons,
EFFECT:
1. Statement of the case; ask for an extension and such request is generally ● The court may; on motion of that party,
2. Statement of facts; granted. But Judge Bustamante did not ask for an direct judgment on such pleading.
3. Issues or assignment of errors; extension in any of these cases. Having failed to
WHEN CANNOT BE AVAILED:
4. Court ruling, in which each issue is, as a rule, decide a case within the required period, without 1. Declaration of nullity of marriage
separately considered and resolved; and any order of extension granted by the Court, Judge 2. Annulment of marriage
5. The dispositive portion – the wherefore clause Bustamante is liable for undue delay that merits 3. Legal separation
administrative sanction. (OCA v. Bustamante)
HOW AVAILED:
Test of completeness of fallo: 1. On motion
a. The parties should know their rights and KINDS OF JUDGMENT 2. Motu proprio
obligations; A. AS TO EVIDENCE ● The court may motu proprio
include in the pre-trial order
b. They should know how to execute the WITHOUT PRESENTATION OF EVIDENCE that the case be submitted for
decision under alternative contingencies. judgment on the pleadings.
c. There should be no need of further Dismissal with 1. Motion to dismiss on the ground of:
(Section 10, Rule 18)
proceedings to dispose of the issues prejudice a. res judicata,
NOT SUBJECT OF AN APPEAL OR PETITION
d. The case should be terminated by b. litis pendencia or
FOR CERTIORARI, PROHIBITION OR
c. prescription was granted;
according the proper relief 2. The complaint was dismissed based on
MANDAMUS:
● Any action of the court on a motion for
the affirmative defenses of
judgment on the pleadings shall not be
Q: Conflict between the ratio decidendi (body of the a. payment;
subject of an appeal or petition for
decision) and disposition. Which will prevail? b. unenforceability of the
certiorari, prohibition or mandamus.
contract,
A: The operative part in every decision is the dispositive c. res judicata or
portion or the fallo, and where there is conflict between the d. extinguishment of the Summary GROUNDS:
fallo and the body of decision, the fallo controls. This rule obligation; and Judgment (Rule ● Permitted only if there is no genuine
3. Dismissal of the complaint due to the fault 35) issue as to any material fact and the
rests on the theory that the fallo is the final order. of the plaintiff unless otherwise provided moving party is entitled to a judgment as
a matter of law. (215175)

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○ There is an issue tendered Unless the court orders the conduct of a hearing, NB: As a general rule, only the defendant can file
but is not genuine. judgment sought shall be rendered forthwith if the demurrer. Judgment on demurrer is final
pleadings, supporting affidavits, depositions and
HOW AVAILED: admissions on file, show that, except as to the
1. On motion amount of damages, there is no genuine issue as
2. Motu proprio to any material fact and that the moving party is
● Should there be no more entitled to judgment as a matter of law.
AS TO PARTIES
controverted facts, or no more 1. Judgments for or against one or more parties
genuine issue as to any NOT SUBJECT OF AN APPEAL OR PETITION (Section 3, Rule 36)
material fact, or an absence FOR CERTIORARI, PROHIBITION OR ● Judgment may be given for or against
of any issue, or should the MANDAMUS:
answer fail to tender an issue, ● Any action of the court on a motion for one or more of several plaintiffs and for or
the court shall, without summary judgment shall not be subject against one or more of several
prejudice to a party moving of an appeal or petition for certiorari, defendants. When justice so demands,
for judgment on the pleadings prohibition or mandamus.
under Rule 34 or summary
the court may require the parties on each
judgment under Rule 35, NB: The adverse party may file a comment and side to file adversary pleadings as
motu proprio include in the serve opposing affidavits, depositions, or admissions between themselves and determine their
pre-trial order that the case within a non-extendible period of five (5) calendar ultimate rights and obligations.
be submitted for summary days from receipt of the motion.
judgment or judgment on the 2. Several judgments. (Section 4, Rule 36)
pleadings, without need of WITH PARTIAL RECEPTION OF EVIDENCE ● In an action against several defendants,
position papers or the court may, when a several judgment is
memoranda. In such cases,
judgment shall be rendered Judgment by proper, render judgment against one or
within ninety (90) calendar default more of them, leaving the action to
days from termination of the proceed against the others.
pre-trial. Judgment on GROUND: 3. Separate judgment (Section 5, Rule 36)
demurrer to ● The defendant may move for dismissal
Section 1. Summary judgment for claimant. — A evidence on the ground that upon the facts and the
● When more than one claim for relief is
party seeking to recover upon a claim, counterclaim, law the plaintiff has shown the right to presented in an action, the court, at any
or cross-claim or to obtain a declaratory relief may, at relief. (Section 1, Rule 33) stage, upon a determination of the issues
any time after the pleading in answer thereto has
been served,
material to a particular claim and all
WHEN AVAILED:
➔ move with supporting affidavits, ● After the plaintiff has completed the counterclaims arising out of the
depositions or admissions for a summary presentation of his or her evidence. transaction or occurrence which is the
judgment in his or her favor upon all or (Section 1, Rule 33) subject matter of the claim, may render a
any part thereof.
EFFECT OF DENIAL
separate judgment disposing of such
Section 2. Summary judgment for defending ● If the defendant’s motion is denied, he or claim. The judgment shall terminate the
party. — A party against whom a claim, she shall have the right to present action with respect to the claim so
counterclaim, or cross-claim is asserted or a evidence. (Section 1, Rule 33)
declaratory relief is sought may, at any time,
disposed of and the action shall proceed
● The order denying the demurrer to
➔ move with supporting affidavits, evidence shall not be subject of an as to the remaining claims. In case a
depositions or admissions for a summary appeal or petition for certiorari, prohibition separate judgment is rendered the court
judgment in his or her favor as to all or or mandamus before judgment. (Section by order may stay its enforcement until
any part thereof. 2, Rule 33)
the rendition of a subsequent judgment or
CONTENTS: EFFECT IF GRANTED judgments and may prescribe such
Section 3. The motion shall cite the: ● If the motion is granted but on appeal the conditions as may be necessary to secure
1. supporting affidavits, depositions or order of dismissal is reversed, the
admissions, and
the benefit thereof to the party in whose
defendant shall be deemed to have
2. the specific law relied upon. waived the right to present evidence. favor the judgment is rendered.
(Section 1, Rule 33)

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Entry of judgment (Section 2, Rule 36) inequitable. (161282)

● If no appeal or motion for new trial or
reconsideration is filed within the time provided in With prejudice – Final order (Res judicata shall set in)
these Rules, the judgment or final order shall Without prejudice – interlocutory order (Not final)
forthwith be entered by the clerk in the book of ● Remedy: MR and Rule 65
entries of judgments. The date of finality of the
judgment or final order shall be deemed to be If dispositive portion is not complete:
the date of its entry. The record shall contain the ● Remedy: File a Clarificatory judgment
dispositive part of the judgment or final order and
shall be signed by the clerk, within a certificate that
such judgment or final order has become final and
executory.

Reckoning
● A judgment becomes final and executory by
operation of law. (206690)

Immutability of judgment
● Under the doctrine of finality of judgment or
immutability of judgment, a decision that has
acquired finality becomes immutable and
unalterable, and may no longer be modified in
any respect, even if the modification is meant to
correct erroneous conclusions of fact and law, and
whether it be made by the court that rendered it or
by the Highest Court of the land. Any act which
violates this principle must immediately be struck
down. (161282)
○ Exceptions:
■ To serve substantial justice, the
following are the exceptions:
1. The correction of
clerical errors;
2. The so-called nunc pro
tunc entries which
cause no prejudice to
any party;
3. Void judgments; and
4. Whenever
circumstances transpire
after the finality of the
decision rendering its
execution unjust and

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EXPEDITED RULES ON
PROHIBITED MOTIONS PROHIBITED PLEADING
Summary Rules Regular Rules
A. Petition for relief from judgments

SUMMARY PROCEEDINGS
B. Memoranda
a motion to dismiss the complaint C. Petition for certiorari, mandamus, or prohibition
or the statement of claim, and in against any interlocutory order issued by the court
After determining the MTC has jurisdiction, determine next criminal cases, a motion to guash D. Rejoinder; and
the complaint or information,
which rules shall apply: except on the ground of lack of
E. Third party complaints.
Enforcement of barangay amicable settlement jurisdiction over the subject matter
or failure to comply with the II. allowable pleadings
requirement of barangay A. Complaint
Probate proceedings where the gross value of the conciliation
property does not exceed 2M B. Answer
Regular Rules C. CC
Admiralty and maritime claims where the amount Motion to hear and/or resolve Motion to hear affirmative defenses
involved does not exceed 2M affirmative defenses D. Cross-claim
E. Reply
Other real actions where the property does not exceed Motion for bill of particulars
400K.
III. Contents
Motion for new trial. or for Motion for reconsideration of the
Ejectment case reconsideration of a judgment on court’s action on the affirmative
the merits, or defense.
IV. All cases requiring prior referral to barangay Complaint
Actions for damages where the amount involved does not for reopening of proceedings; (Section 2, Rule III, Expedited Rules)
exceeds 2M exclusive of interest and costs
Motion for extension of time to file Motion for extension of time to file V. Motu Proprio Dismissal of the complaint
Actions involving personal properties where the value of
the property does not exceed 2M
pleadings, affidavits or any other pleadings, affidavits or any other 1. Lack of jurisdiction over the subject matter
paper; papers, except a motion for
extension to file an answer.
2. Res judicata
Rules on Including extension to file an 3. Lis pendencia
Revival of judgment of any MTC, MTCC, MCTC
Summary answer. 4. Prescription
Civil aspects of violation of BP 22, if no criminal action
Procedure 5. Failure to state cause of action
has been instituted therefor. Should a criminal action be Motion to declare the defendant in 6. Non-submission of certification of forum shopping
later instituted for the same violation, the civil aspect shall default;
be consolidated with the criminal action and shall be tried 7. Non compliance to barangay conciliation
and decided jointly under the rules on Summary
Procedure. Dilatory motions for postponement. Motion for postment intended for
Any motion for postponement shall delay Section 4, Rule III
Actions for sum of money where the amount involved be presumed dilatory unless
does not exceed 2M, exclusive of interest, damages of grounded on acts ofGod,force VI. Answer
whatever kind, atty fee, litigation expenses and costs majeure, or physical inability of a
counselor witness to personally
● Within 30 days from service of summons, the
Enforcement of barangay settlement awards where the appear in court, as supported by defendant shall file an answer to the complaint and
amount involved exceeds 1M the requisite affidavit and medical serve a copy thereof on the plaintiff
proof ● Extension to file an answer is NOT ALLOWED
Action for sum of money where the amount involved does
not exceeds 1M
● Affirmative defenses not pleaded in the answer
Motion for and Complaint in
Small Claims Intervention shall be deemed waived except …
Enforcement of barangay settlement awards where were ● Cross-claim and compulsory counterclaim not
the amount involved does not exceed 1M
Motion to admit late judicial asserted in the answer shall be barred.
affidavit/s, position papers, or other ● Effect of failure to fail an answer
evidence except on the ground of ○ Render judgment as may be warranted by
force majeure or acts of God;
the facts alleged in the complaint and its

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attachment, limited to what is prayed for parties in the PCO to submit

therein. their respective position papers
○ Defendant cannot be declared in default within 10 calendar days from
receipt of such order.
VII. Reply ii. No other judicial affidavits or
● All new matters alleged in the answer shall be evidence will be admitted even if
deemed con filed with the position papers
iii. Within 30 calendar days from
VIII. Preliminary Conference receipt by the court of the
❖ Preliminary conference order mediator’s report or the JDR
a. First scenario Report on the parties’ failure to
i. The court may, in the same reach an amicable settlement,
preliminary conference order, the court shall render judgment.
declare the case submitted for
judgment if, on the basis of the ★ Clarificatory hearing
pleadings and their attachments, ○ Should the court find it necessary to
as well as the stipulations and clarify certain material facts, it may, during
admissions made by the parties, the said period, issue an order specifying
judgment may be rendered the matters to be clarified, and require the
without the need of parties to submit additional judicial
submission of position affidavits or other evidence on the said
papers. matters..
ii. In this event, the court shall
render judgment within 30
calendar days from issuance of
order.
iii. The court’s order shall not be
subject of a motion for
reconsideration, petition for
certiorari, prohibition or
mandamus, but may be among
the matters raised on appeal
after a judgment on the merits.

Notes:
★ No reservations of evidence and witness.
★ Absence of either the counsel or the plaintiff will
result in the dismissal of the case.

b. Second scenario
i. If the court, however, deems the
submission of position papers
still necessary, it shall require the

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POST JUDGMENT REMEDIES ○Partial reconsideration ○ Same with MR

■ When the grounds

I. BEFORE FINALITY
affect the issues as to
only a part, or less than Grounds
A. Motion for Reconsideration all of the matter in
● Grounds: controversy, or only FAME Supported by affidavits of
1. That the damages awarded are one, or less than all of merits which may be
excessive; the parties to it, the rebutted by evidence
2. That the evidence is insufficient court may grant
to justify the decision or final reconsideration as to Newly discovered evidence Affidavit of the witnesses
order; or such issues if severable by whom such evidence is
3. That the decision or final order is without interfering expected to be given, or by
contrary to law (Section 1, Rule judgment duly authenticated
37) ● Remedy against denial documents which are
○ An order denying a motion for proposed to be introduced
● When to file reconsideration is not in evidence
○ appealable, the remedy being an
● Contents and form appeal from the judgment or final ● Governed by Omnibus Motion Rule
○ The motion shall be: order. ○ A motion for a new trial shall include all
1. Made in writing ■ DENY THE grounds .. (section 5, Rule 37)
2. A JUDGMENT NOT THE ● Period to resolve
RESOLUTION OR THE ● Effect of grant
1. Point out specifically the findings or conclusions of ORDER OF THE ○ The trial court may set aside the judgment
the judgment COURT DENY THE or final order and grant a new trial, upon
2. Making express reference to testimonial MOTION FOR such terms as may be just
RECONSIDERATION. ○ If a new trial is granted, the original
● Effect on the period to file an appeal ● No second motion for reconsideration judgment or final order shall be vacated
○ No party shall be allowed a and the action shall stand for trial de
second motion for B. Motion for New Trial novo; but the recorded evidence taken
reconsideration of a judgment or ● Grounds upon the former trial, in so far …
final order. 1. FAME which ordinary prudence could not ○ Partial new trial
● Period to resolve have guarded against by reason of which ■ If the ground for motion under
○ A motion for new trial or such aggrieved party has probably been this Rule appear to the court to
reconsideration shall be resolved impaired in his rights; or affect issues
within 30 days from the time it is 2. Newly discovered evidence, which the ■ When less than all
submitted for resolution. party coil not, with reasonable diligence, ● Remedy against denial
● Effect of grant have discovered and produced at the trial, ○ The remedy being an appeal from
○ If the court finds that excessive and which if presented would probably judgment or final order
damages have been awarded or alter the result ● Period to resolve
that the judgment or final order is ● When availed ○ Within 30 days
contrary to law, may amend such ○ Sec 1, rule 37
judgment or final order ○ Sec 2, rule 40 C. Appeal (Rule 40, 41 42, 43, 44, 45)
accordingly ● Contents ● What can be appealed

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○ An appeal may be taken from: NB: In all the above instances where the appeal is required, the
a. Judgment ; judgment or final order is not appealable, appellant shall file a
i. Judgment with the aggrieved party may file an notice of appeal and a
presentation of appropriate special civil action under Rule
record on appeal and
evidence 65.
b. Final order that completely serve copies of the
disposes of the case, or ○ CATEGORY B same upon the adverse
i. Judgment without a. Order denying demurrer to party. (Section 3, Rule
presentation of evidence; 40)
evidence b. An action for motion for ● A record on appeal
1. Dismissal with summary judgment shall be required only in
prejudice c. An action on motion for
special proceedings
c. A particular matter therein when judgment on the pleadings
declared by the Rules to be d. An order denying affirmative and in other cases of
appealable (Section 1, Rule 14) defense multiple or separate
● What cannot be appealed appeals. (Section 3,
○ CATEGORY A (Section 1, Rule 41) Rule 40)
(a) An order denying a motion for Appealable – rule 40,41,42,44 and 45 c. Payment of appellate court
new trial or reconsideration; docket and other lawful fees
(b) An order denying a petition for Non-appealable
(Section 5, Rule 40)
relief or any similar motion
seeking relief from judgment; Category A – remedy is to file special civil action for ● Within the period for
(c) An interlocutory order; certiorari under Rule 65 taking an appeal, the
(d) An order disallowing or appellant shall pay to
dismissing an appeal; Category B – Filing of a special civil action for certiorari the clerk of the court
(e) An order denying a motion to set under Rule 65 is also prohibited. which rendered the
aside a judgment by consent,
judgment or final order
confession or compromise on Proceed to trial and raise
the ground of fraud, mistake or appealed from the full
duress, or any other ground amount of the appellate
vitiating consent; ❖ MeTCs, MTCCs, MTC and MTCs court docket and other
(f) An order of execution; ➢ How appeal lawful fees. Proof of
(g) A judgment or final order for or a. Notice of appeal payment thereof shall
against one or more of several ● File a notice of appeal be transmitted to the
parties or in separate claims, with the court that
appellate court together
counterclaims, cross-claims and rendered the judgment
third-party complaints, while the or final order appealed with the original record
main case is pending, unless the from and serve a copy or the record on appeal,
court allows an appeal thereof upon the as the case may be.
therefrom; and adverse party. (Section d. Form and contents
(h) An order dismissing an action 3, Rule 40) i. Notice section 3, rule
without prejudice. b. Record on Appeal 40
● Where a record on
ii. Record section 3, rule

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

40 in relation to section non-payment Trial Court. A copy of

6, Rule 41 of docket fees his letter of transmittal
e. Title (sec 13, rule of the records to the
i. The title of the case 41) appellate court shall be
shall remain as it was in i. Perfection of appeal furnished the parties.
the court of origin, but i. Notice of appeal: upon (Section 6, Rule 40)
the party appealing the the filing and payment l. Procedure in the RTC (Section
case shall be further (Section 9, Rule 41) 7, Rule 40)
referred to as appellant ii. Record on appeal: i. Within fifteen (15) days
and appellee. upon the approval of from such notice, it
f. What may be resolved the record on shall be the duty of the
g. When to appeal appeal(Section 9, Rule appellant to submit a
i. Notice: Within 15 days 41) memorandum which
after notice to the j. Effect of perfection on appeal shall briefly discuss the
appellant of the i. Notice of appeal: The errors imputed to the
judgment of final order court loses jurisdiction lower court, a copy of
appealed from Sec 2, over the case (Sec 9, which shall be
Rule 40 Rule 41) furnished by him to the
ii. Record: Within 30 days ii. Record on appeal: the adverse party.
iii. The period of appeal court loses jurisdiction ii. Within fifteen (15) days
shall be interrupted by only over the subject from receipt of the
a timely motion for ner matter thereof upon the appellant's
trial or r approval of the records memorandum, the
iv. No motion for extension on appeal appellee may file his
of time to file for new k. Transmittal of the records memorandum.
trial or r i. Within fifteen (15) days
h. Dismissal of appeal from the perfection of Failure of the appellant to file a
i. Prior to the transmittal the appeal, the clerk of memorandum shall be a ground
of the original record or court or the branch for dismissal of the appeal.
the record on appeal to clerk of court of the
the appellate court, the lower court shall iii. Upon the filing of the
trial court may motu transmit the original memorandum of the
propio or on motion record or the record on appellee, or the
dismiss the appeal for appeal, together with expiration of the period
1. having been the transcripts and to do so, the case shall
taken out of exhibits, which he shall be considered
time. certify as complete, to submitted for decision.
2. For the proper Regional The Regional Trial

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

Court shall decide the (Sec 8, Rule order, or final resolution in a Summary
case on the basis of the 40) Procedure case may be appealed to the
entire record of the appropriate Regional Trial Court
proceedings had in the NOTES: exercising jurisdiction over the
court of original and 1. If the defendant raised lack of jurisdiction over the territory under Rule 40 for civil cases
such memoranda as subject matter in his answer and the case was ● The appeal shall be taken by filing a
are filed. (n) pending in the MTC and it dismissed the case on notice of appeal together with proof of
m. Appeals from order the ground of the affirmative defense of lack of payment of the appeal fees, with the court
dismissing the case without jurisdiction over the subject matter pleaded by the that rendered the judgment, order or
trial (Section 8, Rule 40)_ defendant in his answer. resolution appealed from (within fifteen
n. Dismissal on the ground of ★ REMEDY is FILE A NOTICE OF (15) calendar days from receipt of the
lack of jurisdiction over the APPEAL. same. (Section 1[C] Rule III of the
subject matter without trial on ○ If RTC arrived at the conclusion Rules on Summary Procedure)
the merits that indeed, the MTC has no
a. In case of affirmance jurisdiction over the subject NB: Record on Appeal is not allowed if the case is
● The RTC on matter over the case, it should covered by RSP. Record on Appeal is covered by Special
appeal shall hear the case on the merits. Civil Actions (Partition, Foreclosure, Expropriation etc.,)
not dismiss ○ If RTC arrived at the conclusion which involve real property. Real action covered by RSP is
the case if it that the MTC was incorrect in only ejectment cases.
has original dismissing the case, it should
jurisdiction remand the case for further ● The judgment of the RTC on the appeal
thereof but proceedings. shall be final, executory, and
shall try the unappealable.
case on the EXCEPTIONS: ○ The remedy is PETITION FOR
merits as if a. Normally, if the ground of motion to dismiss or CERTIORARI under RULE 65.
the case was affirmative defense in the answer is lack of
originally jurisdiction over the subject matter. ● A motion for new trial and a motion for
filed with it. ★ REMEDY: Refile or Rule 65 reconsideration are prohibited motions
(Sec 8, Rule under the RSP.
40) b. However, if the ground of motion to dismiss or
affirmative defense in the answer is lack of
b. In case of reversal jurisdiction over the subject matter is FILED IN ❖ RTCs
● In case of MTC and GRANTED. ➢ Modes of appeal
reversal, the ★ REMEDY: Refile or Appeal the order 1. Ordinary appeal (Rule 41 in
relation to Rule 44)
case shall be
★ Decision of the RTC In
remanded for ❖ Appeal of cases governed by the Rules of the exercise of original
further Summary Procedure jurisdiction: Filed and
proceedings. ● Ordinary appeal. - Any judgment, final

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

RTC and Resolved by ● A question of law arises when there is doubt as to what the law
In all cases appealed to the Court of Appeals under Rule 41, the
CA title of the case shall remain as it was in the court of origin, but is on a certain state of facts, while there is a question of fact
2. Petition for review (Rule 42) the party appealing the case shall be further referred to as the when the doubt arises as to the truth or falsity of the alleged facts.
★ Decision of RTC in the For a question to be one of law, its resolution must not involve
appellant and the adverse party as the appellee. an examination of the probative value of the evidence presented
exercise of appellate by the litigants, but must rely solely on what the law provides on
jurisdiction: Resolved ❖ Form and Content (Section 5 & 6, Rule 41) the given set of facts. If the facts are disputed or if the issues
by CA require an examination of the evidence, the question posed is
1. Notice of appeal — The notice of appeal shall indicate the one of fact. The test, therefore, is not the appellation given to a
3. Petition for review on question by the party raising it, but whether the appellate court
parties to the appeal, specify the judgment or final order
certiorari (Rule 45) can resolve the issue without examining or evaluating the
or part thereof appealed from, specify the court to which
★ Question of law: the appeal is being taken, and state the material dates
evidence, in which case, it is a question of law; otherwise, it
Resolved by SC is a question of fact
showing the timeliness of the appeal. (4a)
EXAMPLE: (Breach of contract of common carriage)
2. Record on appeal — The full names of all the parties to ● It is a question of fact when the negligence of the driver
ORDINARY APPEAL
the proceedings shall be stated in the caption of the is to be determined.
(Rule 41 in relation to Rule 44) record on appeal and it shall include the judgment or ● It is a question of law when it is to be considered if the
final order from which the appeal is taken and, in driver is a necessary party, indispensable party or a party
❖ How to appeal (Sec 2 [a], Rule 41) chronological order, copies of only such pleadings, at all in the common carriage.
petitions, motions and all interlocutory orders as are
a. NOTICE OF APPEAL & RECORD ON APPEAL related to the appealed judgment or final order for the NB: Question of law cannot be raised by virtue of a notice of
Ordinary appeal. — The appeal to the Court of Appeals in cases proper understanding of the issue involved, together with appeal, but by petition for review on certiorari under Rule 45.
decided by the REGIONAL TRIAL COURT in the exercise of its such data as will show that the appeal was perfected on ★ Section 2, Rule 50. Dismissal of improper
ORIGINAL JURISDICTION shall be taken by time. appeal to the Court of Appeals. — An appeal
➔ filing a notice of appeal with the court which rendered a. If an issue of fact is to be raised on appeal, the under Rule 41 taken from the Regional Trial
the judgment or final order appealed from and record on appeal shall include by reference all Court to the Court of Appeals raising only
serving a copy thereof upon the adverse party. No the evidence, testimonial and documentary, questions of law shall be dismissed, issues
record on appeal shall be required except in special taken upon the issue involved. The reference purely of law not being reviewable by said
proceedings and other cases of multiple or separate shall specify the documentary evidence by the court.
appeals where law on these Rules so require. In such exhibit numbers or letters by which it was ★ Similarly, an appeal by notice of appeal instead
cases, the record on appeal shall be filed and served in identified when admitted or offered at the of by petition for review from the appellate
like manner. hearing, and the testimonial evidence by the judgment of a Regional Trial Court shall be
names of the corresponding witnesses. If the dismissed.
whole testimonial and documentary evidence in
❖ Payment of docket and other lawful fees (Section 4, the case is to be included, a statement to that SUMMARY FLOW
Rule 41) effect will be sufficient without mentioning the RTC rendered a judgment in the exercise of its original jurisdiction
names of the witnesses or the numbers or —> Aggrieved parties can file an ordinary appeal (notice of appeal
Within the period for taking an appeal, the appellant shall pay to letters of exhibits. Every record on appeal or record on appeal) involving questions of fact or mixed question of
the clerk of the court which rendered the judgment or final order exceeding twenty (20) pages must contain a fact and law in RTC that rendered the judgment —> in which the
appealed from, the full amount of the appellate court docket and subject index. case will eventually be forwarded in the Court of Appeal.
other lawful fees. Proof of payment of said fees shall be transmitted
to the appellate court together with the original record or the record ❖ Questions that may be raised (Disuanco, et al. v. If the aggrieved party would raise purely a question of law involving
on appeal. Villafuerte, G.R No. 247391, July 13, 2021) the decision of RTC in the exercise of its original jurisdiction —>
aggrieved parties should file a petition for review on certiorari
NB: This is mandatory and jurisdictional. 1. Question of fact; or under Rule 45 directly in SC.
2. Mixed questions of fact and law
❖ Title (Section 1, Rule 44) ● It is a mixed question of fact and law
DISTINGUISHED ○ A, taxi cab driver. C, operator. B, Passenger.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

○ B filed an action for damages against C based in due time. 3. the order of approval,
on breach of contract of common carriage for b. (and payment of required legal fees) 4. the certificate of correctness,
injuries sustained. 5. the original documentary evidence referred to therein, and
○ B got a favorable judgment 2. Record on appeal 6. the original and three (3) copies of the transcripts.
○ C appealed the judgment on the ground that A ➢ A party's appeal by record on appeal is deemed
is not negligent so there is no contract. And, perfected as to him with respect to the subject Copies of the transcripts and certified true copies of the
in case of breach of contract, he is not matter thereof: documentary evidence shall remain in the lower court for the
liable. a. upon the approval of the record on examination of the parties.
■ First issue is a question of fact. appeal filed in due time.
Second issue is a question of law b. (and payment of required legal fees) ❖ Procedure in the Court of Appeals (Section 4, Rule
44)
❖ When to appeal (Section 3, Rule 41) EFFECT OF PERFECTION OF APPEAL
1. Notice of appeal 1. Notice of appeal 1. Docketing of case.
➢ The appeal shall be taken within fifteen (15) ➢ In appeals by notice of appeal, the court loses Upon receiving the original record or the record on appeal and the
days from notice of the judgment or final jurisdiction over the case upon the perfection accompanying documents and exhibits transmitted by the lower
order appealed from. of the appeals filed in due time and the court, as well as the proof of payment of the docket and other lawful
expiration of the time to appeal of the other fees, the clerk of court of the Court of Appeals shall docket the
2. Record on appeal parties. case and notify the parties thereof. (4a, R46)
➢ Where a record on appeal is required, the
appellant shall file a notice of appeal and a 2. Record on appeal Within ten (10) days from receipt of said notice, the appellant, in
record on appeal within thirty (30) days from ➢ In appeals by record on appeal, the court appeals by record on appeal, shall file with the clerk of court seven
notice of the judgment or final order. loses jurisdiction only over the subject (7) clearly legible copies of the approved record on appeal, together
matter thereof upon the approval of the with the proof of service of two (2) copies thereof upon the appellee.
3. Habeas corpus cases records on appeal filed in due time and the
➢ Shall be taken within forty eight (48) hours expiration of the appeal of the other parties. Any unauthorized alteration, omission or addition in the approved
from notice of the judgment or final order record on appeal shall be a ground for dismissal of the appeal.
appealed from. RESIDUAL JURISDICTION
★ In either case, prior to the transmittal of the original 2. Filing of respective briefs
NB: The period of appeal shall be interrupted by a timely motion for record or the record on appeal, the court may issue
new trial or reconsideration. No motion for extension of time to file a orders for the protection and preservation of the DUTY OF THE APPELLANT (Section 7, Rule 44)
motion for new trial or reconsideration shall be allowed. rights of the parties which do not involve any matter ➢ File appellant’s brief: It shall be the duty of the appellant
litigated by the appeal, approve compromises, permit to file with the court, within forty-five (45) days from
❖ Dismissal of appeal (Section 13, Rule 41) appeals of indigent litigants, order execution pending receipt of the notice of the clerk that all the evidence, oral
appeal in accordance with section 2 of Rule 39, and allow and documentary, are attached to the record, seven (7)
Prior to the transmittal of the original record or the record on appeal withdrawal of the appeal. copies of his legibly typewritten, mimeographed or printed
to the appellate court, the trial court may motu propio or on brief, with proof of service of two (2) copies thereof upon
motion dismiss the appeal for: NB: MTC also has residual jurisdiction. the appellee.
1. having been taken out of time.
2. For non-payment of the docket and other lawful fees ❖ Transmittal (Section 12, Rule 41) DUTY OF THE APPELLEE (Section 8, Rule 44)
within the reglementary period ➢ File appellee’s brief: Within forty-five (45) days from
The clerk of the trial court shall transmit to the appellate court the receipt of the appellant's brief, the appellee shall file with
❖ Perfection of appeal (Section 9, Rule 41) original record or the approved record on appeal within thirty (30) the court seven (7) copies of his legibly typewritten,
days from the perfection of the appeal together with the: mimeographed or printed brief, with proof of service of
1. Notice of appeal two (2) copies thereof upon the appellant.
➢ A party's appeal by notice of appeal is deemed 1. proof of payment of the appellate court docket and other
perfected as to him: lawful fees, APPELLANT’S REPLY BRIEF (Section 9, Rule 44)
a. upon the filing of the notice of appeal 2. a certified true copy of the minutes of the proceedings, ● Within twenty (20) days from receipt of the appellee's

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

brief, the appellant may file a reply brief answering points certification under oath that he has not theretofore
in the appellee's brief not covered in his main brief. commenced any other action involving the same issues in the
Supreme Court, the Court of Appeals or different divisions thereof,
or any other tribunal or agency; if there is such other action or
NB: Appeal from MTC to RTC, what will be filed is Memorandum proceeding, he must state the status of the same; and if he should
instead of briefs. thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency, he
EXTENSION OF TIME FOR THE FILING OF BRIEFS (Section 12, undertakes to promptly inform the aforesaid courts and other
Rule 44 tribunal or agency thereof within five (5) days therefrom.
➢ Extension of time for the filing of briefs will not be
allowed, except for good and sufficient cause, and ❖ Questions that may be raised (Disuanco, et al. v.
only if the motion for extension is filed before the Villafuerte, G.R No. 247391, July 13, 2021)
expiration of the time sought to be extended. 1. Questions of fact;
2. Questions of law; or
TIME OF FILING MEMORANDA IN SPECIAL CASES (Section 3. Mixed questions of fact and law
10, Rule 44)
A party desiring to appeal from a decision of the REGIONAL TRIAL COURT
➢ In certiorari, prohibition, mandamus, quo warranto and rendered in the exercise of its APPELLATE JURISDICTION may file a
❖ Effect of failure to comply with requirements (Section
habeas corpus cases, the parties shall file in lieu of briefs, verified petition for review with the Court of Appeals, paying at the same 3, Rule 42)
their respective memoranda within a non-extendible time to the clerk of said court the corresponding docket and other lawful
period of thirty (30) days from receipt of the notice fees, depositing the amount of P500.00 for costs, and furnishing the The failure of the petitioner to comply with any of the foregoing requirements
issued by the clerk that all the evidence, oral and Regional Trial Court and the adverse party with a copy of the petition. regarding the payment of the docket and other lawful fees, the deposit for
EXTEENTION FOR FILING OF PETITION FOR REVIEW costs, proof of service of the petition, and the contents of and the documents
documentary, is already attached to the record. which should accompany the petition shall be sufficient GROUND FOR
● The petition shall be filed and served within fifteen (15) days from
notice of the decision sought to be reviewed or of the denial of DISMISSAL thereof.
FORMS AND CONTENTS OF BRIEFS petitioner's motion for new trial or reconsideration filed in due time
➢ Appellant’s: Refer to Section 13 after judgment. Upon proper motion and the payment of the full ❖ Perfection of appeal (Section 8[a], Rule 42)
➢ Appellee’s: Refer to Section 14 amount of the docket and other lawful fees and the deposit for
costs before the expiration of the reglementary period, the Court (a) Upon the timely filing of a petition for review and the payment of the
3. COURT OF APPEALS SHALL RENDER ITS DECISION of Appeals may grant an additional period of fifteen (15) days corresponding docket and other lawful fees, the appeal is deemed perfected
only within which to file the petition for review. as to the petitioner.
● No further extension shall be granted except for the most
PETITION FOR REVIEW compelling reason and in no case to exceed fifteen (15) days. EFFECT OF PERFECTION
(Rule 42) ➢ The Regional Trial Court loses jurisdiction over the case upon
❖ Form and Contents (Section 2, Rule 42) the perfection of the appeals filed in due time and the expiration
of the time to appeal of the other parties.
❖ How to Appeal
❖ Payment of Docket Fees and Other Lawful Fees The petition shall be filed in seven (7) legible copies, with the original copy
intended for the court being indicated as such by the petitioner, and shall (a) RESIDUAL JURISDICTION
❖ When to appeal (Section 1, Rule 42) ➢ However, before the Court of Appeals gives due course to the
state the full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents; (b) indicate the petition, the Regional Trial Court may issue orders for the
NB: Case is originally filed in MTC —> Appealed in RTC which specific material dates showing that it was filed on time; (c) set forth protection and preservation of the rights of the parties which
rendered its decision in the exercise of original jurisdiction —> RTC concisely a statement of the matters involved, the issues raised, the do not involve any matter litigated by the appeal, approve
rendered a decision in the exercise of appellate jurisdiction. specification of errors of fact or law, or both, allegedly committed by the compromises, permit appeals of indigent litigants, order execution
Regional Trial Court, and the reasons or arguments relied upon for the pending appeal in accordance with section 2 of Rule 39, and allow
allowance of the appeal; (d) be accompanied by clearly legible duplicate withdrawal of the appeal.
originals or true copies of the judgments or final orders of both lower
courts, certified correct by the clerk of court of the Regional Trial Court, the NB: Ordinary appeal cut off of residual jurisdiction is before transmittal of the
requisite number of plain copies thereof and of the pleadings and other case over the Court of Appeals. However, in petition for review, the cutoff is
material portions of the record as would support the allegations of the petition. before the Court of Appeals gives due course to the petition.

MUST INCLUDE CERTIFICATION AGAINST FORUM SHOPPING ❖ Initial action on the petition of CA (Section 4, Rule 42)
● The petitioner shall also submit together with the petition a

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

The Court of Appeals may either: justifiable reasons grant an extension of thirty (30) days only
a. require the respondent to file a comment on the petition, not a ECEPTIONS: within which to file the petition.
motion to dismiss, within ten (10) days from notice, or (1) When the conclusion is a finding grounded entirely on speculation,
b. dismiss the petition if it finds the same: surmises or conjectures; ❖ Form and Contents (Section 4)
i. to be patently without merit, (2) When the inference made is manifestly mistaken, absurd or
ii. prosecuted manifestly for delay, or impossible; The petition shall be filed in eighteen (18) copies, with the original copy
iii. that the questions raised therein are too insubstantial (3) Where there is a grave abuse of discretion; intended for the court being indicated as such by the petitioner and shall:
to require consideration. (4) When the judgment is based on a misapprehension of facts; (a) state the full name of the appealing party as the petitioner and the
(5) When the findings of fact are conflicting; adverse party as respondent, without impleading the lower courts
❖ Due Course (Section 6, Rule 42) (6) When the Court of Appeals, in making its findings, went beyond or judges thereof either as petitioners or respondents;
the issues of the case and the same is contrary to the admissions (b) indicate the material dates showing when notice of the judgment
If upon the filing of the comment or such other pleadings as the court may of both appellant and appellee; or final order or resolution subject thereof was received, when a
allow or require, or after the expiration of the period for the filing thereof (7) The findings of the Court of Appeals are contrary to those of the motion for new trial or reconsideration, if any, was filed and when
without such comment or pleading having been submitted, the Court of trial court; notice of the denial thereof was received;
Appeals finds prima facie that the lower court has committed an error of (8) When the findings of fact are conclusions without citation of (c) set forth concisely a statement of the matters involved, and the
fact or law that will warrant a reversal or modification of the appealed specific evidence on which they are based; reasons or arguments relied on for the allowance of the petition;
decision, it may accordingly GIVE DUE COURSE to the petition. (9) When the facts set forth in the petition as well as in the petitioner’s (d) be accompanied by a clearly legible duplicate original, or a
main and reply briefs are not disputed by the respondents; and certified true copy of the judgment or final order or resolution
❖ Actions after giving due course (Section 9, Rule 42) (10) The finding of fact of the Court of Appeals is premised on the certified by the clerk of court of the court a quo and the requisite
supposed absence of evidence and is contradicted by the number of plain copies thereof, and such material portions of the
If the petition is given due course, the Court of Appeals may: evidence on record record as would support the petition; and
1. set the case for oral argument or (e) contain a sworn certification against forum shopping as
2. require the parties to submit memoranda within a period of (Pascual v. Burgos et al, G.R. No. 171722, January 11, 2016) provided in the last paragraph of section 2, Rule 42.
fifteen (15) days from notice. NB: Normally applicable if the Court of Appeals rendered a decision on the ❖ Dismissal or denial of petition (Section 5)
The case shall be deemed submitted for decision upon the filing of the last ordinary appeal either by way of notice of appeal or record on appeal or if the
pleading or memorandum required by these Rules or by the court itself. Court of Appeals rendered a decision on the petition for review. a. The failure of the petitioner to comply with any of the foregoing
requirements regarding the payment of the docket and other
These exceptions are properly invoked if like for example, the case already lawful fees, deposit for costs, proof of service of the petition, and
PETITION FOR REVIEW ON CERTIORARI went from the Court of Appeal and will be elevated to the Supreme Court the contents of and the documents which should accompany the
(Rule 45) pursuant to Rule 45. petition shall be sufficient ground for the dismissal thereof.

❖ How to appeal (Section 1) ❖ Payment of docket fees and other lawful fees (Section b. The Supreme Court may on its own initiative deny the petition on
3) the ground:
A party desiring to appeal by certiorari from a judgment or final order or 1. that the appeal is without merit, or
resolution of the COURT OF APPEALS, the SANDIGANBAYAN, the Unless he has theretofore done so: 2. is prosecuted manifestly for delay, or
REGIONAL TRIAL COURT or other courts whenever authorized by law, 1. the petitioner shall pay the corresponding docket and other lawful 3. that the questions raised therein are too unsubstantial
may file with the Supreme Court a verified petition for review on fees to the clerk of court of the Supreme Court and to require consideration.
certiorari. The petition shall raise only questions of law which must be 2. deposit the amount of P500.00 for costs at the time of the filing of
distinctly set forth. the petition. ❖ Review is discretionary (Section 6)
3. Proof of service of a copy, thereof on the lower court concerned
SUMMARY FLOW and on the adverse party shall be submitted together with the A review is not a matter of right, but of sound judicial discretion, and will
1. Decision of RTC in the exercise of original jurisdiction involving a petition. be granted only when there are special and important reasons thereof. The
pure questions of law. —> Petition for Review on Certiorari, file in following, while neither controlling nor fully measuring the court's discretion,
Supreme Court ❖ When to appeal (Section 2) indicate the character of the reasons which will be considered:
2. Decision of CA in the exercise of appellate jurisdiction under Rule
42 case —> Petition for Review on Certiorari, file in Supreme The petition shall be filed within fifteen (15) days from notice of the (a) When the court a quo has decided a question of substance, not
Court judgment or final order or resolution appealed from, or of the denial of the theretofore determined by the Supreme Court, or has decided it in
petitioner's motion for new trial or reconsideration filed in due time after notice a way probably not in accord with law or with the applicable
❖ Questions that may be raised (Section 1) of the judgment. decisions of the Supreme Court; or

GENERAL RULE: ENTENTION OF FILING: (b) When the court a quo has so far departed from the accepted and
➢ The petition shall raise only QUESTIONS OF LAW which must be ➢ On motion duly filed and served, with full payment of the docket usual course of judicial proceedings, or so far sanctioned such
distinctly set forth. and other lawful fees and the deposit for costs before the departure by a lower court, as to call for an exercise of the power
expiration of the reglementary period, the Supreme Court may for of supervision.

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Transcribed lecture notes of Atty. Nagpala and Compiled notes and jurisprudence from Williard B. Riano annotated book and Moises Bautista notes

FRESH PERIOD RULE: through fraud, accident, mistake, or excusable entered, or such proceeding was taken,
● A fresh period of fifteen (15) days is accorded all negligence, he may file a petition in such court
litigants uniformly from the order denying a motion and in the same case praying that the judgment, ● CONTENTS:
for new trial or motion for reconsideration, to file order or proceeding be set aside.
1. and must be accompanied with affidavits
the notice to appeal. The Rule applies to: ★ Can be invoked by the defendant
1. Rule 40 governing appeals from the declared in default and discovered only showing the fraud, accident, mistake, or
Municipal Trial Court to the Regional Trial after final judgemnt is rendered. The excusable negligence relied upon, and
Courts; remedy is petition for relief from 2. the facts constituting the petitioner's good
2. Rule 42 on petitions for review from the judgment on the ground of FAME and substantial cause of action or
Regional Trial Court to the Court of ★ If the judgment is not yet final and the defense, as the case may be.
Appeals; defendant discovered that there is an ➢ Entry of judgment
3. Rule 43 petitions for review from order of default, the remedy is a motion
quasi-judicial agencis to the Court of for new trial on the ground of FAME.
Appeals; and ● EXAMPLE
4. Rule 45 governing appeals by certiorari to 2. Section 2. Petition for relief from denial of appeal. ○ Judgment of RTC was entered in the
the Supreme Court. — When a judgment or final order is rendered book of judgments on January 5, 2024.
by any court in a case, and a party thereto, by On November of the same year, the
(Neypes et al. v. Court of Appeals, et al., G.R. No, fraud, accident, mistake, or excusable defendant discovered that a case was
141524, September 14, 2005) negligence, has been prevented from taking an filed against him and he was declared in
appeal, he may file a petition in such court and in
default which means that he was not
APPLICATION: the same case praying that the appeal be given
due course. given a day in court. HE FILED A
➔ MTC Decision — MR on the 5th day (denied) —
★ There was a judgment rendered and the PETITION FOR RELIEF FROM
Notice on appeal or Record on appeal as the case
aggrieved party was able to participate in JUDGMENT.
maybe — 15 days will be left applying the fresh the proceedings of the case but he was ➔ The petition cannot be granted,
period rule. not able to file an appeal because of double period rule was violated.
FAME.
It is within 60 day period, but it is
II. AFTER FINALITY WHERE FILED: more than 6 months. Must be
● In the court which rendered the judgment or final until July 5 only.
A. Relief from judgment (Rule 38) order to set aside.
● A petition for relief is an equitable remedy NB: Decision is final and executory when no
that is allowed only in exceptional cases appeal made within the reglementary period. That
WHEN AVAILED; DOUBLE PERIOD RULE:
where there is no other available or final and executory decision shall be entered in the
adequate remedy. (Samonte v. S.F. ● A petition provided for in either of the preceding
sections of this Rule must be verified, filed: book of judgments. Hence, there will be entry of
Naguiat, Inc., G.R. No. 165544, October
2, 2009) 1. within sixty (60) days after the judgment.
petitioner learns of the judgment, final
GROUNDS: order, or other proceeding to be set ★ The double period required under Section
1. Section 1. Petition for relief from judgment, order, 3, Rule 38 is jurisdictional and should
aside, and
or other proceedings. — When a judgment or be strictly complied with. A petition for
final order is entered, or any other proceeding 2. not more than six (6) months after
such judgment or final order was relief from judgment filed beyond the
is thereafter taken against a party in any court
reglementary period is dismissed outright.

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This is because a petition for relief from case as if a timely and proper proper court. However, where the judgment or final
judgment is an exception to the public appeal had been made. order or resolution is set aside on the ground of
policy of immutability of final judgments. extrinsic fraud, the court may on motion order the
trial court to try the case as if a timely motion for
(Madarang and Bartolome v. Spouses B. Annulment of judgment (Rule 47)
new trial had been granted therein.
Morales, G.R. No. 199283, June 9,
2014) GROUNDS (Section 2):
● The annulment may be based only on the grounds
of:
● ACTION OF THE COURT 1. Extrinsic fraud
1. For the first ground (Section 6) – There ● Extrinsic fraud shall not be a
was FAME which prevented the valid ground if it was availed of,
aggrieved party from participating: or could have been availed of, in
a. If after such hearing, the court a motion for new trial or petition
finds that the allegations thereof for relief.
are not true, the petition shall be
NB: Extrinsic fraud is employed by the
dismissed. winning party in order to prevent the other
b. but if it finds said allegations to party from having his day on court.
be true, it shall set aside the
judgment or final order or 2. Lack of jurisdiction
other proceeding complained
of upon such terms as may be NB: Involves lack of jurisdiction over the
subject matter or parties, particularly the
just. Thereafter the case shall
defendant.
stand as if such judgment, final
order or other proceeding had JURISDICTION
never been rendered, issued or ● If what is to be annulled is a decision of MTC,
taken. The court shall then annulment of judgment must be filed in RTC. If
proceed to hear and determine decision of RTC, file in CA (exclusive and original
jurisdiction for annulment of judgment rendered by
the case as if a timely motion for
RTC)
a new trial or reconsideration
had been granted by it. PERIOD OF FILING (Section 3)
● If based on extrinsic fraud, the action must be filed
2. For the second ground (Section 7) – A within four (4) years from its discovery; and if
party-litigant was prevented from filing based on lack of jurisdiction, before it is barred by
an appeal on the ground of FAME: laches or estoppel.
● Where the denial of an appeal is
EFFECT OF JUDGMENT OF ANNULMENT (Section 7)
set aside, the lower court shall ● A judgment of annulment shall set aside the
be required to give due course questioned judgment or final order or resolution
to the appeal and to elevate and render the same null and void, without
the record of the appealed prejudice to the original action being refiled in the

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EXECUTION
under the same title and in the Effect of foreign judgments or final orders
same capacity; and ● IN REM – binding on the whole world
The remedy afforded for the satisfaction of judgment.. ◆ Res judicata-bar by ● QUASI IN REM – conclusive only between parties
prior judgment ● IN PERSON – conclusive between parties
Effects of judgments or final orders [Section 47, Rule (c) In any other litigation between the same ○ This rule admits of the exception that
39] parties or their successors in interest, that even a non-party may be bound by the
● The effect of a judgment or final order rendered only is deemed to have been adjudged in judgment in an ejectment suit where he is
by a court of the Philippines, having jurisdiction a former judgment or final order which any of the following:
to pronounce the judgment or final order, may be appears upon its face to have been so (a) trespasser, squatter or agent of
as follows: adjudged, or which was actually and the defendant fraudulently
(a) In case of a judgment or final order necessarily included therein or necessary occupying the property to
against a specific thing, or in respect to thereto. frustrate the judgment;
the probate of a will, or the administration ➔ Res judicata - (b) guest or occupant of the
of the estate of a deceased person, or in conclusiveness of premises with the permission of
respect to the personal, political, or legal judgment the defendant;
condition or status of a particular person (c) transferee pendente lite;
or his relationship to another (d) sublessee;
➔ the judgment or final order is Effect of foreign judgments or final orders [Section 48, (e) colessee; or
conclusive upon the title to the Rule 39] (f) member of the family, relative or
thing, the will or administration or ● The effect of a judgment or final order of a privy of the defendant
the condition, status or tribunal of a foreign country, having jurisdiction (Yusingco v. Busilak, et al.,
relationship of the person, to render the judgment or final order is as follows: G.R. No. 210504, January 24,
➔ however, the probate of a will or (a) In case of a judgment or final order upon 2018)
granting of letters of a specific thing, the judgment or final
administration shall only be order, is conclusive upon the title to the Part of judgment to be executed
prima facie evidence of the thing, and ● The dispositive portion of the judgment is that
death of the testator or intestate; (b) In case of a judgment or final order part which is subject to execution.
(b) In other cases, the judgment or final order against a person, the judgment or final
is, with respect to the matter directly order is presumptive evidence of a right WRIT OF EXECUTION
adjudged or as to any other matter that as between the parties and their ● [I]s issued to carry out the mandate of the court
could have been missed in relation successors in interest by a subsequent in the enforcement of a final order or of a
thereto title. judgment. The judicial process to enforce a final
➔ conclusive between the order or judgment against the losing party (Guiang
parties and their successors NB: In either case, the judgment or final order may v. Co, G.R. No. 146996, July 30, 2004)
in interest, by title subsequent be repelled by evidence of a want of jurisdiction,
to the commencement of the want of notice to the party, collusion, fraud, or clear ❖ Form and contents [Section 8, rule 39]
action or special proceeding, mistake of law or fact. ➢ The writ of execution shall:
litigating for the same thing and (1) issue in the name of the

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Republic of the Philippines from authority (Spouses Garcia v. justice; and 5) Deterioration of
the court which granted the Spouses Soriano, G.R. No. commodities subject to litigation.
motion; 219431, August 24, 2020)
(2) state the name of the court, the
● Where to file an application for
case number and title, the ❖ Kinds of execution
discretionary execution:
dispositive part of the subject A. Execution as a matter of discretion
1. The trial court while it
judgment or order; and ● If execution is sought pending
has jurisdiction over
(3) require the sheriff or other proper appeal of judgment.
the case and is in
officer to whom it is directed to ● An appeal perfected in due time
possession of either the
enforce the writ according to its stays the execution of a
original record or the
terms. judgment.
record on appeal; or
2. The appellate court
❖ Grounds for quashal
REQUISITES after the trial court has
➢ - A writ of execution may be stayed or
lost jurisdiction over the
quashed when: 1. There must be a motion by the
case (Section 2[a], Rule
1. The writ of execution varies the prevailing party with notice to the
adverse party;
39)
judgment;
2. There has been a change in the 2. There must be a good reason for
execution pending appeal; and ● Stay of discretionary execution
situation of the parties making
3. The good reason must be stated in ○ Stayed upon approval
execution inequitable or unjust;
a special order (Section 2[a], Rule by the proper court of a
3. Execution is sought to be 39) (what the losing party
enforced against property
can do in order to stay
exempt from execution; Examples of good reasons: the execution)
4. It appears that the controversy ➢ In Philippine Bank of Communications
■ sufficient
has never been submitted to the v. Court of Appeals (344 Phil. 777), the
Supreme Court provided examples of good supersedeas
judgment of the court;
reasons contemplated by the Rules: 1) bond filed by
5. The terms of the judgment are When in an intestate proceeding which has
the party
not clear enough and there been pending for almost 29 years, one
group of heirs has not yet received the against whom
remains room for interpretation
inheritance due them when the others it is directed,
thereof; or have already received theirs, or are about conditioned
6. It appears that the writ of to do so; 2) The advanced age of the
upon the
execution has been prevailing party; 3) When the defeated
party is in imminent danger of insolvency; performance
improvidently issued, or that it is
4) When the appeal is dilatory and the of the
defective in substance, or is losing party intends to encumber and/or
judgment or
issued against the wrong party, dispose of the property subject of the case
during the pendency of the appeal in order order allowed
or that the judgment debt has
to defraud or deprive the plaintiff of to be executed
been paid or otherwise satisfied, proprietary rights and defeat the ends of in case it shall
or the writ was issued without

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be finally 4. Judgment for support enforce the judgment, the issuance of After the lapse of five years from the
sustained in which is a ministerial duty of the entry of judgment, and before it is barred
court (Calilung v. Paramount by the statute of limitations, which is ten
whole or in NB: Judgments not stayed by appeal Insurance Corporation, et al., G.R. (10) years under the Civil Code, a
part (Section ➢ These judgments shall be enforceable after their No. 195641, July 11, 2016) judgment may be enforced by action.
3, Rule 39) rendition and shall not be stayed by an appeal The revived judgment may also be
EXCEPTIONS: enforced by motion within five (5) years
taken therefrom, unless otherwise ordered by a. When the judgment has already from the date of its entry and thereafter
been executed by voluntary by action before it is barred by the
● Effect of reversal of executed the trial court (Section 4, Rule 39) compliance thereof by the
statute of limitations
parties;
judgment ➢ On appeal therefrom, the appellate court in its b. When the judgment has been (Section 6, Rule 39)
○ Where the executed discretion may make an order suspending, novated by the parties;
c. When a petition for relief is Where to file:
judgment is reversed modifying, restoring or granting the injunction, filed and a preliminary ● The petition for revival of
injunction is granted in judgment is an action
totally or partially, or receivership, accounting, or award of support accordance with Sec. 5, Rule
incapable of pecuniary
annulled, on appeal or (Section 4, Rule 39) 38;
estimation.
d. When the judgment sought to
otherwise, the trial court be executed is conditional; ○ File in Regional
e. When facts and circumstances Trial Court
may, on motion, issue B. Execution as a matter of right transpire which would render
execution inequitable or
such orders of ● If execution is sought after the unjust;
NB: If he cause of action of judgment is
for collection for sum of money (P1.5M)
restitution or judgment has become final f. When execution is sought
➔ Still, Regional Trial Court.
more than five years from its
reparation of ● An order of execution not subject entry without the judgment
having been revived; If the RTC granted
damages as equity and to appeal: g. When execution is sought
justice may warrant ○ No appeal shall be against property exempt from When five- and ten-year periods do
execution sale; and
not apply:
under the taken from an order of h. When refusal to executed the
● Do not apply to special
judgment has become
circumstances (Section execution. The imperative in the proceedings such as land
higher interest of justice registration and cadastral
5, Rule 39) aggrieved party may file cases, wherein the right to
an appropriate special WHERE MOTION BE FILED: ask for a writ of possession
● In the court of origin. If an
does not prescribe (Rodil v.
NB: Normally, judgments cannot civil action as provided appeal has been duly perfected
Benedicto, 95 SCRA, 137,
and finally resolved, the
be enforced during the pendency in Rule 65 (Section 1, execution may be applied for 144-145)
also in the court of origin on
of appeal unless a motion was Rule 41) motion of the judgment
filed by a winning party and it is ● Manner of execution: obligee (Section 1, Rule 39)

supported by a good cause. 1. Execution by motion Exception to the five-year period:

● There are instances where the
2. Execution by Supreme Court allowed
● Judgments not stayed by independent action execution by motion even after
the lapse of five years upon
appeal (Judgment that are MOTION INDEPENDENT ACTION
meritorious grounds. These
exceptions have one common
immediately executory): denominator, i.e., the delay is
caused or occasioned by
1. Judgment for A final and executory judgment or SUMMARY actions of the judgment debtor
order may be executed on motion Entry of judgment – enforce through motion –
injunction; within five (5) years from the date of 5 years lapsed – enforce by independent
and/or is incurred for his benefit
or advantage (Camacho v. CA,
action by filing a petition for revival of judgment
2. Judgment for its entry (Section 6, Rule 39) [U]pon
– if the petition is GRANTED — enforce by
351 Phil. 108, 113 [1998])
the finality of the judgment, the
receivership; prevailing party is entitled, as a matter
motion within 5 years – before it is barred by
statute of limitations of 10 years
3. Judgment for of right, to a writ of execution to
accounting; and NB: No appeal shall be taken from an order of

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execution. The aggrieved party may file an appropriate

special civil action as provided in Rule 65. [Section 1, Rule
65]

Against Whom Execution May Be Issued

● An execution can be issued only against a party
and not against one who did not have his [or her]
day in court (Villasi v. Garcia, G.R. No. 190106,
January 15, 2014)

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