PRELIMINARIES

REMEDIAL LAW – is a branch of law that prescribes the methods of enforcing rights and obligations created by
substantive law. It provides a procedural system for obtaining redress for the invasion of rights and violations of
duties. It is also prescribes rules as to how suits are filed, tried and decided upon by the courts (Bustos v Lucero)

RULE MAKING POWER OF THE SUPREME COURT

The Supreme Court shall have the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the
integrated Bar and Legal assistance to the under privileged. (SEC 8, ART 8, Constitution)

Hierarchy of Courts

1.
First level – Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts (two or more trial courts covers two municipalities)
2. Second level – Regional Trial Courts (Family Courts, Commercial Courts, Environmental Courts, Drugs
Courts)
3. Third level – Court of Appeals, Court of Tax Appeals, Sandiganbayan
4. Fourth level – Supreme Court
Jurisdiction; definition

Aspects of jurisdiction:

1. Jurisdiction over the subject matter

a. Conferred by the Constitution and law

b. Determined by the allegations in the Complaint

c. Defenses and evidence do not determine the jurisdiction

Ex. Ignacio v. CFI of Bulacan – a case for forcible entry but tenancy was averred by way of a defense
and is proved to be the real issue. The court shall dismiss the case and refer to the CAR (now
DARAB). But there shall be an initial hearing for it. (De la Cruz v. CA, 510 SCRA 103)

d. The court shall dismiss the case and not refer the case to the proper court.

Four concepts of jurisdiction

1. Over the subject matter

a. Law (B.P. 129, R. A. 7691, etc.) – subject matter refers to the item with respect to which the
controversy has arisen, or concerning which the wrong has been done, and it is ordinarily the right, the
thing, or the contract under dispute. (De la Rama v. Mendiola, 401 SCRA 704)

b. How is it conferred (Go v. Distinction Properties and Construction, Inc.)

… jurisdiction over the subject matter of a case is conferred by law and determined by the allegations in
the complaint which comprise a concise statement of the ultimate facts constituting the plaintiff's cause
of action. The nature of an action, as well as which court or body has jurisdiction over it, is determined
based on the allegations contained in the complaint of the plaintiff, irrespective of whether or not the
plaintiff is entitled to recover upon all or some of the claims asserted therein. The averments in the
complaint and the character of the relief sought are the ones to be consulted. Once vested by the
allegations in the complaint, jurisdiction also remains vested irrespective of whether or not the plaintiff
is entitled to recover upon all or some of the claims asserted therein.
c. Effect of lack of jurisdiction over the subject matter (Magno v. People)
Whenever it appears that the court has no jurisdiction over the subject matter, the action shall be
dismissed. This defense may be interposed at any time, during appeal or even after final judgment. Such
is understandable, as this kind of jurisdiction is conferred by law and not within the courts, let alone the
parties, to themselves determine or conveniently set aside.

d. Jurisdiction over the subject matter cannot be conferred by:

c.1. court’s unilateral assumption of jurisdiction

c.2. agreement or consent or acquiescence by all parties or by the court

Exceptions:
1. Estoppel by laches (Tijam v. Sibonghanoy)

A party may be estopped or barred from raising a question in different ways and for different
reasons. Thus we speak of estoppel in pais, or estoppel by deed or by record, and of estoppel by
laches.

Laches, in a general sense is failure or neglect, for an unreasonable and unexplained length of time,
to do that which, by exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time, warranting a presumption that the
party entitled to assert it either has abandoned it or declined to assert it.

The doctrine of laches or of "stale demands" is based upon grounds of public policy which requires,
for the peace of society, the discouragement of stale claims and, unlike the statute of limitations, is
not a mere question of time but is principally a question of the inequity or unfairness of permitting a
right or claim to be enforced or asserted.

It has been held that a party can not invoke the jurisdiction of a court to sure affirmative relief
against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that
same jurisdiction (Dean vs. Dean, 136 Or. 694, 86 A.L.R. 79). In the case just cited, by way of
explaining the rule, it was further said that the question whether the court had jurisdiction either of
the subject-matter of the action or of the parties was not important in such cases because the party is
barred from such conduct not because the judgment or order of the court is valid and conclusive as
an adjudication, but for the reason that such a practice can not be tolerated — obviously for reasons
of public policy.

Furthermore, it has also been held that after voluntarily submitting a cause and encountering an
adverse decision on the merits, it is too late for the loser to question the jurisdiction or power of the
court (Pease vs. Rathbun-Jones etc., 243 U.S. 273, 61 L. Ed. 715, 37 S. Ct. 283; St. Louis etc. vs.
McBride, 141 U.S. 127, 35 L. Ed. 659). And in Littleton vs. Burgess, 16 Wyo. 58, the Court said
that it is not right for a party who has affirmed and invoked the jurisdiction of a court in a particular
matter to secure an affirmative relief, to afterwards deny that same jurisdiction to escape a penalty.

Upon this same principle is what We said in the three cases mentioned in the resolution of the Court
of Appeals of May 20, 1963 (supra) — to the effect that we frown upon the "undesirable practice"
of a party submitting his case for decision and then accepting the judgment, only if favorable, and
attacking it for lack of jurisdiction, when adverse — as well as in Pindañgan etc. vs. Dans, et al.,
G.R. L-14591, September 26, 1962; Montelibano, et al., vs. Bacolod-Murcia Milling Co., Inc., G.R.
L-15092; Young Men Labor Union etc. vs. The Court of Industrial Relation et al., G.R. L-20307,
Feb. 26, 1965, and Mejia vs. Lucas, 100 Phil. p. 277.

2. Estoppel by deed or estoppel (Soliven v. Fastforms; Cudiamat v. Batangas Savings)

 Soliven v. Fastforms

While it is true that jurisdiction may be raised at any time, "this rule presupposes that estoppel has
not supervened."13 In the instant case, respondent actively participated in all stages of the
proceedings before the trial court and invoked its authority by asking for an affirmative relief.
Clearly, respondent is estopped from challenging the trial court’s jurisdiction, especially when an
adverse judgment has been rendered.

… "The Court has constantly upheld the doctrine that while jurisdiction may be assailed at any
stage, a litigant’s participation in all stages of the case before the trial court, including the invocation
of its authority in asking for affirmative relief, bars such party from challenging the court’s
jurisdiction (PNOC Shipping and Transport Corporation vs. Court of Appeals, 297 SCRA 402
[1998]). A party cannot invoke the jurisdiction of a court to secure affirmative relief against his
opponent and after obtaining or failing to obtain such relief, repudiate or question that same
jurisdiction (Asset Privatization Trust vs. Court of Appeals, 300 SCRA 579 [1998]; Province of
Bulacan vs. Court of Appeals, 299 SCRA 442 [1998]). The Court frowns upon the undesirable
practice of a party participating in the proceedings and submitting his case for decision and then
accepting judgment, only if favorable, and attacking it for lack of jurisdiction, when adverse
(Producers Bank of the Philippines vs. NLRC, 298 SCRA 517 [1998], citing Ilocos Sur Electric
Cooperative, Inc. vs. NLRC, 241 SCRA 36 [1995])." (underscoring ours)

Cudiamat v. Batangas Savings

The operation of estoppel on the question of jurisdiction seemingly depends on whether the lower
court actually had jurisdiction or not. If it had no jurisdiction, but the case was tried and decided
upon the theory that it had jurisdiction, the parties are not barred, on appeal, from assailing such
jurisdiction, for the same "must exist as a matter of law, and may not be conferred by the consent of
the parties or by estoppel." However, if the lower court had jurisdiction, and the case was heard and
decided upon a given theory, such, for instance, as that the court had no jurisdiction, the party who
induced it to adopt such theory will not be permitted, on appeal, to assume an inconsistent position –
that the lower court had jurisdiction…

… While it is well-settled that lack of jurisdiction on the subject matter can be raised at any time
and is not lost by estoppel by laches, the present case is an exception. To compel petitioners to re-
file and relitigate their claims before the Nasugbu RTC when the parties had already been given the
opportunity to present their respective evidence in a full-blown trial before the Balayan RTC which
had, in fact, decided petitioners’ complaint (about two years before the appellate court rendered the
assailed decision) would be an exercise in futility and would unjustly burden petitioners.

e. Effect of lack of jurisdiction over the subject matter

d.1 - Can be raised at any time and is not lost by estoppel by laches (See Atty. Cudiamat, et al., v.
Batangas Savings and Loan Bank, Inc., et al., ; Lamsis v. Dong-e -

Lamsis v. Dong-e

As a rule, an objection over subject-matter jurisdiction may be raised at any time of the proceedings.
This is because jurisdiction cannot be waived by the parties or vested by the agreement of the parties.
Jurisdiction is vested by law, which prevails at the time of the filing of the complaint.

An exception to this rule has been carved by jurisprudence. In the seminal case of Tijam v.
Sibonghanoy,79 the Court ruled that the existence of laches will prevent a party from raising the court’s
lack of jurisdiction. Laches is defined as the "failure or neglect, for an unreasonable and unexplained
 length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time, warranting the presumption that the
party entitled to assert it either has abandoned or declined to assert it."80 Wisely, some cases81 have
cautioned against applying Tijam, except for the most exceptional cases where the factual milieu is
similar to Tijam.

In Tijam, the surety could have raised the issue of lack of jurisdiction in the trial court but failed to do
so. Instead, the surety participated in the proceedings and filed pleadings, other than a motion to dismiss
for lack of jurisdiction. When the case reached the appellate court, the surety again participated in the
case and filed their pleadings therein. It was only after receiving the appellate court’s adverse decision
that the surety awoke from its slumber and filed a motion to dismiss, in lieu of a motion for
reconsideration. The CA certified the matter to this Court, which then ruled that the surety was already
barred by laches from raising the jurisdiction issue.

In case at bar, the application of the Tijam doctrine is called for because the presence of laches cannot be
ignored. If the surety in Tijam was barred by laches for raising the issue of jurisdiction for the first time
in the CA, what more for petitioners in the instant case who raised the issue for the first time in their
petition before this Court.

d.2 – No judgment at all (See Galicia v. Manliquez, G.R. No. 155785, April 13, 2007, 521 SCRA 85, 97

A void judgment for want of jurisdiction is no judgment at all. It cannot be the source of any right nor
the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no
legal effect. Hence, it can never become final and any writ of execution based on it is void: x x x it may
be said to be a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever
and whenever it exhibits its head.

…The settled rule is that a judgment rendered or final order issued by the RTC without jurisdiction is
null and void and may be assailed any time either collaterally or in a direct action or by resisting such
judgment or final order in any action or proceeding whenever it is invoked, unless barred by laches.25
Indeed, jurisprudence upholds the soundness of an independent action to declare as null and void a
judgment rendered without jurisdiction as in this case.26

Exceptions:

1. Equity and fairness (See, Tijam v. Sibonghanoy)

In Tijam, the surety could have raised the issue of lack of jurisdiction in the trial court but failed to do so. Instead,
the surety participated in the proceedings and filed pleadings, other than a motion to dismiss for lack of jurisdiction.
When the case reached the appellate court, the surety again participated in the case and filed their pleadings therein. It
was only after receiving the appellate courts adverse decision that the surety awoke from its slumber and filed a motion
to dismiss, in lieu of a motion for reconsideration. The CA certified the matter to this Court, which then ruled that the
surety was already barred by laches from raising the jurisdiction issue.
  The principle was applied in the case of Delfin Lamsis, et al., v. Margarita Semon Dong-e, G.R. NO. 173021,
October 20, 2010

2. Estoppel by laches - (See, Metromedia Times Corp v. Pastorin, G.R. No. 154295, July 25, 2005;
Lozon v. NLRC, 310 Phil. 1 (1995) Rodriguez v. CA)

The principle of estoppel is in the interest of the sound administration of the laws (See,
Crisostomo v. CA; Libudan v. Gil)

The rule up to now is that a party’s active participation in all stages of a case before the trial
court, effectively estops such party from later challenging the jurisdiction of the said court (See,
 Gonzaga, et al., v CA, et al., G.R. No. 144025, December 27, 2002; See also Figueroa v. People, G.R.
No. 147406, July 14, 2008)

Motu propio dismissal of the case by the court if no jurisdiction as appearing in the pleadings or
the evidence on record. – (Sec. 1, Rule 9)

f. Court’s jurisdiction over the subject matter cannot be made upon:

a.1 defenses set up in the answer or in the motion to dismiss

Exception: Tenancy under R. A. No. 6657 (when defense of tenancy is impleaded then the court ahs to
conduct a summary hearing for the purposes of determining whether or not landlord tenant relationship
exist. If such relationship occurs, the court shall refer the action to DARAB

a.2 the amount ultimately substantiated and awarded by the trial court

a.3. consent or agreement of the parties

a.4. By estoppel

g. What law governs the jurisdiction of the court?

h. Jurisdiction of the court over the subject matter is determined by the allegations in the complaint. It is
not determined by the defenses in the answer or in the motion to dismiss, evidence in the trial, consent or
agreement of the parties or estoppel.

2. Over the parties

a. over the plaintiff - filing of the complaint, petition or initiatory pleading.

b. over the defendant

1. valid service of summons

2. voluntary appearance – to constitute voluntary appearance, defendant must seeks affirmative relief
except when the relief being sought is to dismiss the case based on this ground.

 when is jurisdiction over the person of the defendant is required?

- in action in personam – jurisdiction over the person of the defendant is necessary for the court to
validly try and decide the case. (Asiavest Limited v. CA, 296 SCRA 539)

- in action in rem and quasi in rem – jurisdiction over the person of the defendant is not necessary to
confer jurisdiction over the court because Philippine courts have jurisdiction already over actions
in remand quasi in rem provided the court has acquired jurisdiction over the res. Summons shall
be served upon the defendant to satisfy the due process requirement (Asiavest; Alba v. CA, 465
SCRA 495)

 Effect of pleading additional defenses aside from lack of jurisdiction over the person – not considered
as a voluntary appearance because of the Omnibus Motion Rule (Sec. 8, Rule 15 in relation to Section
1, Rule 9) which requires that all defenses and objections available at the time the motion is filed shall
be included, otherwise they are deemed waived.

 Exceptions
 a. lack of jurisdiction over the subject matter

b. litis pendentia

c. res judicata

d. prescription

3. Over the issues

a. alleged and raised in the pleadings

b. agreed upon by the parties during the pre-trial and trial

c. waiver or failure to object to evidence on an issue not covered by the pleadings (Sec ---, Rule --)

4. Over the res –

 Res in civil law a “thing,” an “object. It means everything that may form an object of rights. It includes
an object, subject-matter of status.

 Persona refers to the subject or the rights.

 Jurisdiction over the res is the court’s jurisdiction over the thing or property which is the subject of the
action. This type of jurisdiction is necessary in actions in rem and quasi in rem. (Perkins v. Dizon, G.
R. No. 46631, November 16, 1939)

 In action in personam, jurisdiction over the person of the defendant is required to authorize the court to
validly try and decide a case (Gomez v. CA, 425 SCRA 98). This is so because the action is one
brought on the basis of the personal liability of the defendant. (Banco de Brazil v. CA, 33 SCRA 545)
Thus, to impose such personal liability, a court should have the authority to do so.
 
 How jurisdiction is acquired in actions in rem and quasi in rem?

a. by the court placing the property or thing under its custody or constructive seizure.

Ex. Attachment proceedings wherein the property is at the beginning of the action or some stage of the
proceedings.

b. provision of law which recognizes in the court the power to deal with the res within its territorial
jurisdiction, or as a result of the institution of legal proceedings in which the poser of the court is
recognized and made effective (Macahilig v. Heirs of Grave Magalit, G. R. No. 141423, November
15, 2000) as in (a) land registration proceedings or (b) suits involving civil status or real property of
a non-resident defendant.

The court acquires jurisdiction to try the case even if it has not acquired jurisdiction over the person of
a nonresident defendant, as long as it has jurisdiction over the res (see Sec. 15, Rule 14). Service of
summons by publication and notice to the defendant is merely to comply with the due process requirement
(see, Banco Espanol-Filipino v. Palanca, 37 Phil. 921)

- Heirs of Ernesto Morales v. Astrid Morales Agustin, June 6, 2018 requiring that the court has to first
acquire jurisdiction over the person of the defendant even if it has acquired jurisdiction over the
property subject of the case through preliminary attachment.
 Through statutory authority conferring upon the court the power to deal with the property or thing
within its territorial jurisdiction.

Ex. status of the parties or the property in the Philippines of non-resident defendants, land registration
proceeding, foreclosure of mortgage.

b. Land registration case is a proceeding in rem and jurisdiction over the res cannot be acquired unless
there is a constructive seizure of the land through publication and service of notice (Republic v.
Herbieto, 459 SCRA 183).
c. Philippine courts cannot try any case against a defendant who does not reside and is not found in the
Philippines because of the impossibility of acquiring jurisdiction over his person unless he voluntarily
appears in court; but when the case is an action in rem and quasi in rem enumerated in Section 4 of the
Rules of Court, Philippine Courts have jurisdiction to hear and decide the case because they have
jurisdiction over the res, and jurisdiction over the person of the non-resident defendant is not essential
(Macasaet v. Co., Jr., 697 SCRA 187)

 Extent of relief when jurisdiction is only over the res.

Any relief granted in rem or quasi in rem actions must be confined only to the res and the court cannot
lawfully render a judgment against the defendant. (Banco, supra).

Ex. Foreclosure of mortgage – relief extends only to the property foreclosed and there can be no
deficiency judgment in the event that the value of the property foreclosed is less than the amount of loan and
interest, etc

Distinction between jurisdiction and venue

1. Jurisdiction is the authority to hear and decide a case; venue is the place where the case is to be heard or
tried.
2. Jurisdiction is a matter of substantive law; venue is a matter of procedural law.
3. Jurisdiction establishes a relation between the court and the subject-matter; venue, a relation between
plaintiff and defendant.
4. Jurisdiction is fixed by law and cannot be conferred by the parties; venue may be conferred by the act or
agreement of the parties

Classification of jurisdiction

1. As to cases tried

a. General

b. Special (Special)

Courts of General Jurisdiction are those with competence to decide on their own jurisdiction and take cognizance
of all cases, whether civil and criminal of a particular nature. It has the competence to exercise jurisdiction over
cases not falling within the jurisdiction of any court tribunal, person or body exercising judicial or quasi-judicial
functions (e.g RTC)

Courts of Special Jurisdiction are those tribunals exercising limited jurisdiction over particular or specialized
categories of actions (Eg. Damily Court, CTA, Sandiganbayan)

2. As to nature of the cause

a. Original
b. Appellate
Original Courts are courts where actions or proceedings are originally filed with. Metropolitan Trial Court,
Municipal trial Court and Municipal Circuit Trial Court are courts of original jurisdiction.

Appellate Court has the power of review over the decisions or orders of a lower court. The Regional trial Court,
Court of Appeals and the Supreme Court are courts of original and appellate jurisdiction.

3. As to nature and extent of exercise

a. Exclusive
b. Concurrent
c.
Exclusive jurisdiction is the power to adjudicate a case or proceeding to the exclusion of all other courts at that state.
Exclusive Original Jurisdiction is the power of the court to take judicial cognizance of a case instituted for judicial
action for the first time under the conditions provided by law, and to the exclusion of all other courts.

Concurrent/confluent or coordinate jurisdiction is the power conferred upon different courts, whether of the same or
different ranks, to take cognizance at the same stage of of the same case in the same or different judicial territories

4. As to situs

a. Territorial
b. Extra-territorial
c.
Territorial Jurisdiction it refers to the geographical area within which its powers can be exercised. It is the power of
the tribunal considered with reference to the territory within which it is to be exercised.

Exterritorial jurisdiction

Jurisdiction of:

1. Supreme Court

a. Exclusive – Petitions for certiorari, prohibition and mandamus against the:

a.1. Court of Appeals (Judiciary Act of 1948, Section 17)

a.2. COMELEC (Art. IX, Sec. 7, 1987 Const.)
a.3. COA (Art. IX, Sec. 7, 198 Const.)
a. 4. Sandiganbayan (P.D. No. 1606, as amended)
a.5. CTA (R.A. 9282)
a.6. Disciplinary proceedings against members of the Bar and court personnel ( Art. VIII, Sec 6; Rule
56)

b. Concurrent with RTC Art. VIII, Sec. 5 [1]]

b.1. Ambassadors, other public officials and consuls (BP 129, Sec. 21 [2]; Art. VIII, Sec. 5 (1) 1987
Const.

c. Concurrent with the CA

c.1. Petitions for certiorari, prohibition and mandamus against the:

1. RTC (BP 129, Sec. 21 (1)

2. CSC (R.A. 7902)
3. Central Board Assessment Appeals (PD 464; BP Blg. 129; RA 7902)
4. NLRC (St. Martin Funeral Homes v. NLRC)
 5. Other quasi-judicial agencies (BP 129; RA 7902; Heirs of Hinog v. Melicor)
6. Petition for writ of kalikasan (AM No. 09-6-8-SC, Rule 7 Sec. 3)

d. Concurrent with the CA and RTC

1. Petitions for habeas corpus

2. Petitions for quo warranto
3. Petitions for certiorari, prohibition and mandamus against inferior courts and other bodies
(BP 129, Secs 9 (1), 21 91); CONST. Art. VII, Sec. 5 (1)

e. With the RTC, CA and Sandiganbayan

1. Petitions for a writ of amparo (AM No. 07-9-12-SC, Sec. 3)
2. Petitions for writ of habeas data (AM No. No. 08-1-16-SC, Sec. 3)

f. By way of petition for review on certiorari (Appeal by certiorari under Rule 45) against the:

1. Court of Appeals
2. RTC on pure question of law
3. In cases involving the constitutionality r validity of a treaty, international agreement or
executive agreement, law, presidential decree, proclamation, order, instruction, ordinance
or regulations, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower
court (CONST. Art. VIII, Sec. 5.)

g. By way of notice of appeal of the decision of the Sandiganbayan (2018 Revised Internal Rules of the
Sandiganbayan, Rule XI, Section 1 (a)

2. Court of Appeals

a. Exclusive original - actions for annulment of judgment of the RTC BP 129, Sec. 9 (2)
b. Concurrent with the SC

1. RTC (BP 129, Sec. 21 (1)

2. CSC (R.A. 7902)
3. Central Board Assessment Appeals (PD 464; BP Blg. 129; RA 7902)
4. NLRC (St. Martin Funeral Homes v. NLRC)
5. Other quasi-judicial agencies (BP 129; RA 7902; Heirs of Hinog v. Melicor)
6. Petition for writ of kalikasan (AM No. 09-6-8-SC, Rule 7 Sec. 3)

c. Concurrent with the SC and RTC

1. Petitions for habeas corpus

2. Petitions for quo warranto
3. Petitions for certiorari, prohibition and mandamus against inferior courts and other bodies
(BP 129, Secs 9 (1), 21 91); CONST. Art. VII, Sec. 5 (1)

d. Concurrent with the RTC, SC and Sandigan

1. Petitions for a writ of amparo (AM No. 07-9-12-SC, Sec. 3)

2. Petitions for writ of habeas data (AM No. No. 08-1-16-SC, Sec. 3)

e. Appellate jurisdiction
1. By way of ordinary appeal from the RTC and the Family Court
2. By way of petition for review form the RTC rendered in the exercise of its appellate
jurisdiction
 3. By way of petition fro review from the decisions, resolutions, orders or awards of the (a)
CSC; (b) Office of the Ombudsman administrative disciplinary; and (c) Other bodies
mentioned in Rule 43 (BP 129, Sec. 9 (3)
4. Exclusive appellate jurisdiction by way of ordinary appeal over decisions of the MTC in
cadastral or land registration cases pursuant to its delegated jurisdiction (BP 129, Sec. 34, as
amended by RA7691

3. Regional Trial Court - (BP 129, RA 7691, RA 11576)

a.1 Actions involving personal property – above value P2M

Note: the valuation of the personal property as alleged in the complaint determines jurisdiction

a.2. Admiralty and maritime cases – above P2M

a.3. Probate proceedings – above P2M

a.4. Demand for money – above P2M

Note: Exclusive of Interest, Damages of whatever kind, Attorney’s fees, Litigation Expense, and Costs
(IDALEC), the amount of which must be specifically alleged for inclusion in determining the filing
fees. (BP 129, Sec. 33 (1)

See Gomez v. Montalban, G.R. No. 174414, March 14, 2008 which provides that if the
IDALEC is already determinable at the time of the filing of the Complaint, then they shall be included
in the computation for the purpose of determining jurisdiction.

Note: The exclusion of the term “damages of whatever kind” in determining jurisdictional amount
applies to cases where damages are merely incidental to or a consequence of the main cause of action.
But when the claim for damages is the main cause of action, or one of the causes of action, the amount
of such claim shall be considered in determining the jurisdiction of the court. (Administrative Circular
09-94)

Note: The totality of the claim embodied in one complaint shall be the test in determining jurisdiction,
whether the claims arise out of the same or different transactions, or whether they belong to the same or
different persons. (BP 129, Sec. 33)

a. Actions involving title to, or possession of real property, or any interest therein

- assessed value or interest in the real property exceeds P400,000.00

- Criterion: The ultimate objective of the plaintiff is to obtain title to real property (Huguete v.
Embudo, 483 Phil. 470)

- Padlan v. Dinglasan, et al., G.R. No. 180321 – Who between the conflicting parties is the lawful
owner of the property and ultimately entitled to its possession and enjoyment.

- See, San Pedro, et al., v. Hon. Asdala, et al., G. R. No. 164560, July 22, 2009 - the original
jurisdiction over cases the subject matter of which involves title to, or possession of, real property
or any interest therein falls under the first and second level court using the assessed value of the real
property as the benchmark.

- Heirs of Valeriano S. Concha, Sr. v. Spouses Lumocso, G.R. No. 158121, December 21, 2007, 540
SCRA 1 actions for reconveyance of or for cancellation of title to or to quiet title over real property
are actions that fall under the classification of cases that involve ‘title to, or possession of, real
property, or any interest therein.’
 - Although ejectment cases (forcible entry and unlawful detainer) are actions involving possession,
the assessed value of the property has no bearing in determining jurisdiction because it is the
first level court which have exclusive and original jurisdiction over these types of actions.

b. Action beyond pecuniary estimation (See, Sec. 19 (2), R.A. 7691)

– the basic issue is something other than the right to recover of sum of money, or where the money
claim is pure incidental to, or a consequence of, the principal relief sought; and are cognizable
exclusively by the RTC (Davao Light and Power Co., Inc. v. Hon. Judge of Davao City, Branch 8,
G. R. No. 147858, March 10, 2006; Russel v. Vestil)

– The basic issue in an action incapable of pecuniary estimation is on other that the recovery of
money. In this kind of action, the money claim is only incidental. (Singzon v. Isabela Sawmill, G.
R. No. L-27343, February 28, 1979)

– Action to rescind contract is beyond pecuniary estimation

4. First Level Court - (BP 129, RA 7691, RA 11576)

a.1 Actions involving personal property – P2M and below

Note: the valuation of the personal property as alleged in the complaint determines jurisdiction

a.2. Admiralty and maritime cases – P2M and below

a.3. Probate proceedings – P2M and below

a.4. Demand for money – P2M and below

a. Actions involving title to, or possession o real property, or any interest therein

- if the assessed value or interest in the real property does not exceed P400,000.00

b. Cases covered by the Rules on Summary Procedure (Rules on Expedited Procedure in the First
Level Courts – AM No. 08-8-7-SC)

c.1 Forcible entry and unlawful detainer

Note: If attorney’s fees are awarded, shall not exceed P20,000

c.2. Other civil cases, except probate proceedings, where the total amount of plaintiff’s claim does not
exceed P100,000 (outside MM) or does not exceed P200,000 in MM, exclusive of interests and costs (as
amended by A.M.No. 02-11-09-SC, November 25, 2002

c. Cases falling under the 2016 Revised Rules of Procedure for Small Claims Cases

Note: The value of the claim does not exceed P300,000 (outside Metro Manila) or P400,000 (within
Metro Manila) exclusive of interest and costs (See OCA Circular No. 45-2019 which took effect on 1
April 2019)

Applicable in all actions that are purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money.

The claim or demand may be:

 a. For money owed under the following:

1.a Contract of lease

1.b Contract of loan
1.c Contract of services
1.d Contract of sale
1.e Contract of Mortgage

b. Liquidated damages arising from contracts

b. Enforcement of a barangay amicable settlement or an arbitration award involving a money claim
covered by this Rule pursuant to Section 417 of RA No 7160
5. Family Court (where there is none in the area, the RTC has jurisdiction)

Exclusive and original (R.A. 8369)

a. Petition for guardianship, custody of children, habeas corpus involving children (Read Thorton v.
Thorton, G. R. No. 15498, August 16, 2004)
b. Petition for adoption of children and its revocation
c. Annulment of marriage, declaration of nullity of marriage, and those relation to status and property
relations of husband and wife or those living together under different status or agreement, and petition
for dissolution ofconjugal partnership of gains
d. Petition for support and/or acknowledgment
e. Summary judicial proceedings under the Family Code
f. Petition for declaration for voluntary or involuntary commitment of children, the suspension,
termination, or restoration of parental authority and other cases cognizable under PD 603, E.O. 56 and
other related laws.

Classifications of actions:

1. As to cause or foundation

a. Real action – ownership or possession of real property is involved; founded on privity of real estate; it
is local because venue depends upon the location of the property.

Ex. accion publiciana plain and simple.

b. Personal action – personal property is sought to be recovered or where damages for breach of contract
are sought; it is transitory because its venue depends upon the residence of the party at the option of
the plaintiff.

Ex. sum of money

c. Mixed action – both real and personal properties are involved; founded on both; the rules on venue of
real actions shall govern.

Ex. accion publiciana with a claim for damages

d. Local action (wherever the property is located)

A local action is an action which is require by the rules to be instituted in a particular place in the absence of any
agreement to the contrary

a. Transitory action action [no fixed venue, venue varies depending on the residence of the plaintiff
or the defendant but at the option of the plaintiff]
A transitory action is an action the venue of which is dependent generally upon the residence of the parties
regardless of where thecause of action arose

Note: The distinction between a real action and a personal action is important for the purpose of determining the
venue of action

The distinction is important because the two differs when it comes to the venue of the action. Real actions is one that
affects title to or possession of real property or an interest therein and venue lies where the property is located,
while all other actions are personal and venue lies on the residence of the parties.

2. As to object/binding effect of the decision:

a. action in rem – directed against the thing itself or res which concerns status of the person; a
proceeding to determine the state or condition of a thing; judgment is binding upon the whole world.

Ex. probate proceedings; cadastral proceedings

b. action in personam – directed against a particular person and seeks personal judgment; seeks to
enforce personal rights and obligations; judgment is binding only upon the parties pleaded or their
successor in interest; its purpose is to impose some responsibility or liability directly upon the person
of the defendant. (Domagas v. Jensen, 448 SCRA 663)

Ex. specific performance; breach of contract

[bind only the parties in action e.g. collection of sum of money – directed against particular persons
(plaintiff and/or defendant) Dumagas vs Jensen? Judgment is binding only to successor in interest. Its
purpose is to impose liability]

[directed against the subject of the thing itself or res itself; binding against the whole world even if the
party in interest is not part of the case e.g. affects status of person like annulment of marriage,
adoption

Action is in personam but the binding effect is in rem because the whole world will recognize that the
marriage of the parties is annulled and the status of the person should be recognized thus the person
can remarry

In probate proceedings, in cadastral proceedings  not personal action but brought against the whole
world; no one is a respondent; when the court grants the petition, the property becomes the owner even
if the neighbors are not impleaded as party in interest]

c. action quasi in rem - directed against a particular person; a proceeding to subject the interest of a
named defendant over a particular property to an obligation or lien burdened; judgment is binding
upon particular person

-one brought against persons seeking to subject the property of such person to subject the property of
such persons to the discharge of the claims assailed. (San Pedro v. Ong, 569 SCRA 767)

Ex. foreclosure of mortgage

Note: An action could be real as to cause and in personam as to object (e.g. action to recover a piece of land.)
 An action could also be real as to cause and in rem as to object (e.g. annulment of marriage)

Note: The distinction between actions in rem, in personam, and quasi in rem is important in determining
the following:

1. Whether or not jurisdiction over the person of the defendant is required.

Since in action in rem jurisdiction over the person is not necessary so long as jurisdiction over the res
or thing through seizure or attachment is acquire, however for purpose of satisfying due process, the court
has to acquire jurisdiction over the defendant while the proceedigns go on.

On the other hand, in action in personam, jurisdiction over the person is necessary for without which, all
proceedings are invalid.

2. To determine the type of summons to be employed;

3.
Extraterritorial service under S17R14 may be effected in actions in rem or quasi in rem but not in action
in personam. On the other hand, s16 (Service upon defendant whose identity or whereabouts are unknown)
ans S18 (residents temporarily out of the Philippines) apply to any action, including actions in personam.

4. To determine upon whom judgment is binding.

If the action is in rem or quasi in rem, jurisdiction over the person of the defendant is not necessary;
jurisdiction over the res is required although summons must also be served in order to satisfy the requirements of
due process. Thus, where the defendant is a non-resident who is not found in the Philippines, and (1) the action
affects the personal status of the plaintiff; (2) the action relates to, or the subject matter of which is property in the
Philippines in which the defendant has or claim a lien or interest; (3) the action seeks the exclusion of the defendant
from any interest in the property located in the Philippines; or (4) the property of the defendant has been attached in
the Philippines, summons may be served extra territorially by (a) personal service out of the country with leave of
court; (b) publication, also with leave of court; or (c) any other manner the court may deem sufficient. (Gomez
v.CA, 428 SCRA 98)

Take Note: The case of Heirs of Ernesto Morales v. Astrid Morales Agustin, requires that the court has to first
acquire jurisdiction over the person of the defendant even if it has acquired jurisdiction over the property subject of
the case through preliminary attachment.

1997 RULES OF CIVIL PROCEDURE

(Rules 1-4 were not amended)

RULE 1

Section 3 – Cases governed by the Rules of Court

Distinctions between civil action, criminal action and special proceedings

Civil action is one by wich a party sues another for the enforcement or protection of a right or the prevention or
redress of a wrong
 Ordinary Civil action is a formal demand of one’s legal rights in a court of justice in the manner
prescribed by the court or by the law. It includes those proceedings which ar einstituted and prosecuted
according to the ordinary rules and provisions relating to actions at law or suits in equity.
  Special civil action contains special features not found in ordinary civil actions. It is also governed by rule
son ordinary civil actions subject to specific rules (R62-71) for special civil actions ( EXAMPLES:
Certiorari, prohibition and mandamus; review of decisions of COA and COMELEC, Expropriation
proceedings, Ejectment, Partition, Foreclosure)

Criminal action is one by which the state prosecutes a person for an act or omission punishable by law

Special proceeding is a remedy by which a party seeks to establish a status , a right or a particular fact

1. CASES WHEN RULES OF COURT ARE AVAILABLE : civil case, criminal cases, special proceedings
2. CASES WHEN ROC ARE NOT AVAILBALE: Election cases; land registration; cadastral, naturalization,
insolvency proceedings and other cases not herein provided for except by analogy or in a suppletory
character and whenever practicable and convenient

Section 5. Commencement of action – filing of the original complaint in court.

A civil action is commence by the filing of the original complaint in court (S5R1).
If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on
the date of the filing os such late pleading, irrespective of whether the motion for its admission, if necessary is
denied by the court. Aside from the filing, it is also necessary that the requisite filing fees should have been
paid.

if the complaint is filed by registered mail it is deemed filed or commenced as of the date of mailing (S3R13)
However, if the requisite docket fee was actually paid either personally or by mailing subsequent to the mailing of
the complaint, the date of such payment or mailing thereof shall be considered as the date of filing the complaint

Significance – a. computation of period of prescription

b. running of the period of prescription is barred
c.
The importance of knowing when an action is deemed commenced is that usch commencement interrupts or
suspends the running of the prescriptive period of actions (Art. 1155, NCC)

RULE 2

Section 2 – Definition of Cause of action (Memorize)

Elements of cause of action; what is the most important element? (See: Phil. Daily Inquirer v. Hon. Elmo
Alameda and Luz Cortez Babon, G.R. No. 1601604, March 28, 2008)
As defined in Section 2, Rule 2 of the Rules of Court, a cause of action is the act or omission by
which a party violates the right of another. In relation to a complaint, it is a formal statement of the
operative facts that give rise to a remedial right. The question of whether the complaint states a
cause of action is determined by its averments regarding the acts committed by the defendant. Thus,
it must contain a concise statement of the ultimate or essential facts constituting the plaintiff's cause
of action. As such, the failure to make a sufficient allegation of a cause of action in the complaint
warrants its dismissal.28 Its essential elements are as follows:

1. A right in favor of the plaintiff by whatever means and under whatever law it arises or is
created;

2. An obligation on the part of the named defendant to respect or not to violate such right;
and

3. Act or omission on the part of such defendant in violation of the right of the plaintiff or
constituting a breach of the obligation of the defendant to the
 4. plaintiff for which the latter may maintain an action for recovery of damages or other
appropriate relief.

Of the three, the most important is the last element since it is only upon the occurrence of the last
element that a cause of action arises, giving the plaintiff the right to maintain an action in court for
recovery of damages or other appropriate relief. 29 In determining whether an initiatory pleading
states a cause of action, "the test is as follows: admitting the truth of the facts alleged, can the court
render a valid judgment in accordance with the prayer?" To be taken into account are only the
material allegations in the complaint; extraneous facts and circumstances or other matters aliunde
are not considered. The court may however consider, in addition to the complaint, the appended
annexes or documents, other pleadings of the plaintiff, or admissions in the records ( Phil. Daily
Inquirer v. Hon. Elmo Alameda and Luz Cortez Babon,)

What is the test of sufficiency of cause of action? (Misamis Occidental II Cooperative, Inc. v David, G.R.
o. 129928, August 25, 2005)
The test of sufficiency of facts alleged in the complaint as constituting a cause of action is whether or not
admitting the facts allged, the court could render a valid verdict in accordance with the prayer of said
complaint. Stated differently, if the allegations in the complaint furnish sufficient basis which the complaint
can be maintained, the same should not be dismissed regardless of the defense that may be asserted by the
defendat.

How to determine whether the complaint states a cause of action?

The question of whether the complaint states a cause of action is determined by its averments regarding the
acts committed by the defendant. Thus, it must contain a concise statement of the ultimate or essential facts
constituting only the material allegations in the complaint.

Are annexes part of the complaint?

Yes, annexes to a complaint are deemed part of and should be considered together with the complaint.

Failure to state a cause of action versus lack of cause of cause of action

Failure to state a cause of action refers to the insufficiency of the allegation in the pleading. It occurs when the
allegations of the complaint do not state the concurrence of the elements of a cuase of action. Lact of cause of
action refers to the insufficiency of factual basis for the action.

What is the remedy of the defendant if the complaint states no cause of action?
The remedy is to raise an affirmative defense that the pleading asserting the claim states to cause of action
(S12R8)

[if not all are alleged, the ground to dismiss is failure to state the cause of action;
If all elements are present, cannot move, trial will proceed; after the plaintiff rests its case, check again, and compare
them with the evidence presented, if the evidence did not prove the elements, the case is dismissible on the ground
of lack of cause of action, moving of dismissal of the case based on demurrer of evidence]
 What is the remedy of the defendant if the plaintiff has no cause of action?
Remedy is to file a Demurer of Evidence under Rule 33, Sec. 1

Section 3 - One suit for a single cause of action

General rule: A contract embraces only one cause of action even if it contains several stipulations.
(Quiogue, et al. v. Bautista, et al. G.R. No. L-13159)

Exception: A contract to do several things at several times is divisible, and judgment for a single breach of a
continuing contract is not a bar to a suit for a subsequent breach. (e.g. promissory note payable in several
installments so long as there is not acceleration clause) (Blossom & Co., Inc. v. Manila Gas, G.R. No. L-32958),
November 3, 1930)

Exception to the exception – All obligations which have mature at the time of the suit must be integrated as
one cause of action in one complaint, and those not so included shall be barred (Larena v. Villanueva, G.R. No.
l_29155, November 5, 1928)

Doctrine of Anticipatory Breach

An unqualified and positive refusal to perform a contract, though the performance thereof is not yet due,
may, if the renunciation goes into the whole contract, may be treated as a complete breach which will entitle the
injured party to bring his action at once (Blossom & Co.)

An ANTICIPATORY BREACH may occur, for example if the obligor manifests an unqualified and positive refusal
to perform a contract, though the performance of the same is not yet due and the renunciation goes to the whole
contract, it may be treated as a complete breach which will entitle the injured party to bring his action at one.

Section 4 – Splitting a single cause of action

Section 4. Splitting of single cause of action; effect of – if two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the
dismissal of the others.

Splitting of action – is the act of diving a single or indivisible cause of action into several parts or claims and
instituting two or more actions upon them.

EFFECT: – if two or more suits are instituted on the basis of the same cause of action, the filing of one or a
judgment upon the merits in any one is available as a ground for the dismissal of the others. (S4R2)

WHY PROHIBITED:
The practice of splitting a single cause of action is discouraged because it breeds multiplicity of suits, clogs the
court, dockets, leads to vexatious litigation, operates as an instrument of harassment and generates unnecessary
expenses to the parties.

Example: Tha act of a defendant in taking possession of the plaintiffs land by means of force and intimidation
constitutes a single act of dispossession but gives rise to two reliefs: 1. Recovery of possession and 2. Damages
arising from loss of possession.
 Nature of splitting cause of actions

Splitting of a cause of action is a mode of forum shopping by filing multiple cases based on the same cause of action
but with different prayers.

RATIONALE: The underlying principle of litis pendentia is the theory that a party is not allowed to vex another
more than once regarding the same subject matter and for the same cause of action.

3 types of forum shopping

1. Filing multiple cases based on the same cause of action and with the same prayer, the
previous case not having been resolved (litis pendencia)
2. Filing multiple cases based on the same cause of action and with the same prayer as the
previous case having been resolved with finality (res judicata)
3. Filing multiple cases based on the same causes of action but with different prayers (splitting
causes of action where the ground for dismissal is also either litis pendentia or res judicata)-
same cause of action, same parties but the relief prayed for are different from the first or
second case filed

3 tests to ascertain whether 2 or more suits relate to a single or common cause of action (Umale v.
Canoga Park Development Corp., .R. No. 167246,July 20, 2011)

TEST TO ASCERTAIN WHETHER 2 or MORE SUITS RELATE TO A SINGLE OR COMMON

CAUSE OF ACTION :

whether the same evidence would support and sustain both the first and second
causes of action23 (also known as the "same evidence" test), 24 or whether the
defenses in one case may be used to substantiate the complaint in the other. 25 Also
fundamental is the test of determining whether the cause of action in the second
case existed at the time of the filing of the first complaint. (Umale v. Canoga Park
Development Corp)

Same Evidence Test Rule to determine identity of cause of action

It must be ascertained whether the same evidence which is necessary to sustain the second cause of action would
have been sufficient to authorize a recovery in the first.

Remedies against splitting of case of action:

In case a single cause of action was split into two or more cases it will result in the dismissal of the action on the
grounds of litis pendentia or barred by prior judgment. (S12RULE15)

The court can also motu proprio dismiss the action in case of splitting of case of action (S1R9)

1. Move for the dismissal of the case on the ground of:

a. litis pendentia (Forum shopping is best); or –

Litis pendentia refers to a situation where two actions are pending between the same parties for the same cause of
action, so that one of them becomes unnecessary and vexatious. It exist when the following requisites are present:
identity of the parties in the two actions; substantial identity in the causes of action and in the reliefs sought by the
parties and the identity betweenthe two actions should be such that any judgment that may be rendered in one case,
regardless of which party is successful, would amount to res judicata

b. res judicata –if the first action has been finally terminated already.

*two aspects of res judicata

a. bar by prior judgment

b. conclusiveness of judgment

Requisites:

a. arising from the same cause of action

b. involving the same parties

2. Alleged in the answer

Section 5 – Joinder of causes of action, conditions:

Section 5. Joinder of causes of action – a party may in one pleading assert, in the alternative or otherwise, as
may causes of action as he may have against an opposing party, subject to the following conditions.
1. The party joining the causes of action shall comply with the rules on joinder of parties. (S6-7,R3)
2. The joinder shall not include special civil actions or actions governed by special rules
3. Where the causes of action are between the same parties but pertain to different venues of
jurisdicitons the joinder may be allowed in the RTC provided one of the causes of action falls within
the jurisdiction of said court and the venue lies therein
4. Where the claims in all the causes of action are principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.

-Joinder shall not include special civil actions governed by special rules to avoid confusion as there is
variance of procedure between partition (special civil action governed by Rule 69) and rescission
(ordinary rules) unless the issue in the rescission of the deed of donation is germane to, or intertwined
with the cause of action in the partition as the properties sought to be partitioned are the subject of the
action. (Lilia Ada, et al., v. Baylon, G.R. No. 182435, August 13, 2012)
Example: IF C files a case for collection of money. And he is also a lessor who wants to eject D from the apartment
occupied by D, may C join the claims for money? NO, An action for ejectment is a spcial civil action.

- Causes of action between the same parties but pertain to different venues or jurisdictions, joinder may
be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court
and the venue lies therein.
-
Where there are two or more defendants or two or more plaintiffs the causes f action against the defendants can only
be joined if there is a compliance with the rules on joinder under S6R3. This provision requires that before there can
be a proper joinder of parties, a right to relief exists in favor of or against several eprsons whether jointly, severally
or in the alternative and that right to relief arises out of the same transaction or series of transactions and that there
exists a question of law or fact common to all such plaintiffs or to all such defendants.
 - Totality Rule - money claims, the aggregate amount claimed shall be the test of jurisdiction.

- A plaintiff may join in a single statemet of claim one or more separate small claims against a
defendant provided it does not exceed the amount of P400,000 exclusive of cost and interest.

- Sec. 8. Joinder of claims (Rules of Procedure on small claims (AM 8-8-7-SC)

“Plaintiff may join in a single statement of claim one or more separate small claims aagainst a
defendant provided that the total amount claimed, exclusive of interest and costs does not exceed two
hundred thousand pesos

Section 6 - Misjoinder of causes of action

EFFECT: the erroneously joined cause of action can be severed from the rest of the causes of action and may
proceed separately upon motion by a party or upon the court’s own initiative (S6R2)

IF after severance, the case falls outside the jurisdiction of the court, the case may be dismissed motu priprio or on
motion of for lack of jurisdiction (S1R9)

If a party, despite the order from the court, fails or refuses to sever the misjoined causes of action, the complaint is
dismissible under Rule 17, Section 3

RULE 3
Plaintiff is the claiming party or more appropriately, the original claiming party and is the one who files the
complaint.
Defendant

The following are the parties in a civil action: S1R3

1. Natural person
2. Juridical persons
a. State or its political subdivisions
b. Other corporations, institutions and entities for public interest or purpose created by law
c. Corporations, partnerships and associations for private interest or purpose, to which the law grants
a juridical personality separate and distinct from its shareholders, partners or members.
3. Entities authorized by law may be parties in a civil action
a. Corporation by estoppel
b. Labor organization
c. Partnerships by estoppel

Sec. 2. Parties in interest. – One who stands to be benefited or injured by the judgment in the suit, or the party
entitled to the avails of the suit.

RULE ON REAL PARTIES IN INTEREST:

1. To institute an action, the plaintiff must be the real party-in interest
2. The action must be prosecuted in the name of the real party in interest

NOTE: to be properly considered as RPII, the party must have a real, actual, material or substantial interst in the
subject matter of the action, not a mere expectancy of a future contingent, subordinate or consequential interst.

Interest means material interest, an interest in issue and to be affected by the decree as distinguished from mere
interest in the questions involved, or a mere incidental interest
 Remedies if the party is not authorized:

a. Plaintiff – – raise an affirmative defense in the answer that the plaintiff has no legal
capacity to sue (S12R8) (remedy of plaintiff: AMEND PLEADING ANYTIME BEFORE RESPONSIVE
PLEADING IS SERVED (S2R10) OR REFILE THE ACTION SINCE THE DISMISSAL IS WITHOUT
PREJUDICE (S13R15)

b. Defendant - FILE AN ANSWER AND raise an affirmative defense that the pleading
states no cause of action (S12R8)

c. Plaintiff not the real party in interest, failure to state a cause of action - , the defendant
may move for the dismissal for the case on the ground of no legal capacity to sue.]

Locus standi – right of appearance in a court of justice x x x on a given question

LOCUS STANDI refers to a party’s personal and substantial interest in a case, arising from the direct injury it has
sustained or will sustain as a result of the challenged governmental action.

- in private suits, standing is governed by the real-parties-in interest rule under Section 2, of Rule 3;
right to the relief sought

Read: Baltazar v. Ombudsman, G.R. No. 136433, December 6, 2006

Locus standi is defined as "a right of appearance in a court of justice x x x on a given question." 31 In
private suits, standing is governed by the "real-parties-in interest" rule found in Section 2, Rule 3 of
the 1997 Rules of Civil Procedure which provides that "every action must be prosecuted or defended
in the name of the real party in interest." Accordingly, the "real-party-in interest" is "the party who
stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the
suit."32 Succinctly put, the plaintiffs’ standing is based on their own right to the relief sought.

Liberalized approach in environmental cases:

- Section 5, Rules of Procedure for Environmental cases – Citizen suit

- Most Reverend Pedro D. Arigo v. Scott S. Swift involving petition for writ of kalikasan
- Resident Marine Mammals of the Protected Seascape Tanon Strait v. Secretary Angelo Reyes - Do
resident marine mammals and steward have legal standing to file the petition for certiorari, mandamus
and injunction seeking fro the enforcement of our environmental laws?

Classifications and definitions of parties in interest.

a. Indispensable parties – must be joined (Section 7) as their inclusion is a condition sine

qua non for the exercise of judicial power. Outright dismissal is not the remedy but shall order that they be
impleaded. Only if there is non-compliance that the case shall be dismissed.

INDISPENSABLE PARTY is one who must be included in an action before it may properly go forward

REASON FOR IMPLEADING INDISPENSABLE PARTY – The presence of indispensable partue sis
necessary to vest the court with jurisdication, thus, without their presence to a suit or proceeding, the
judgment of a court cannot attain real finality
 NOTE: NON JOINDER OF INDISPENSABLE PARTIES IS NT A GROUND FOR THE DISMISSAL
OF ACTION

REMEDY IF NOT IMPLEADED : File a motion to implead or court may motu proprio implead
indispendable party (If not obeyed – dismissal under R17S3

a. Necessary parties - - is one who is not indispensable but who ought to be joined as a party if complete
relief is to be accorded as to those already parties or for a complete determination or settlement of the claim
subject of the action

EFFECT OF NON-JOINDER OR MISJOINDER OF NECESSARY PARTY (S10,R3)

1. A necessary party may be omitted in a pleading but the pleaser shall set forth his name, if known, and shall
state why he is omitted
2. Should the court find he reason for the omission unmeritorious, it may order the inclusion of the omitted
necessary party if jurisdiction over his person may be obtained
3. On the contrary, If the court finds the omission justifiable, or even if not justifiable but jurisdiction over the
person of such party cannot be obtained by such court, then such omission will be allowed, and the
proceedings shall continue despite such non-joinder

b. Representative parties (See Sec. 3, executor, administrator, etc.)

Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest

A representative may be the following:

1. A trustee of an express trust
2. Guardian
3. Executor or administrator
4. A party authorized by law or these rules
5. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal except when the contract involves things belonging to the principal

c. Pro-forma parties (Sec. 4, Spouses as parties.)

d. Quasi-parties (See Sec. 17, public officer as party)

Section 3 – Representatives as parties

Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest

A representative may be the following:

1. A trustee of an express trust
2. Guardian
3. Executor or administrator
4. A party authorized by law or these rules
5. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal except when the contract involves things belonging to the principal
Section 4 – Spouses as parties

General rule: Husband and wife shall sue or be sued jointly.

Exceptions: Articles 101, 108, 111 and 145 of The Family Code

Amended as far as service of summons; 2019 rules: if both parties are jointly sued, both shall be issued with
summonses. Otherwise, if only one spouse is served, the other is impleaded but not served summons, the court does
not require jurisdiction over the party. Served with summons individually. ] SEC11.R14 – when spouses are sued
jointly, service of summons should be made to each spouse individually

A spouse can be sued independently of the other spouse in the following instances as provided by law to wit:
1. Action involving the exclusive property of the spouse

Section 5 – Minor or incompetent

Section 5. Minor or incompetent persons – A minor or a person alleged to be incompetent may sue, or be sued
with the assistance of his father, mother, guardian or if he has non, a guardian ad litem

Section 6 – Permissive Joinder of Parties

All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or serie
of transaction is alleged to exist whether jointly, severally or in the alternative, may except as otherwise provided in
these rules, join as plaintiffs or be joined as defendants in one complaint subject to the following requirements:
1. Where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the
action
2. The right to relief should arise out of the same transaction or series of transactions
3. The court may make such orders as may be just to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with any proceedings in which he may have no interest
Example:
A is the passenger of the bus owned by B and Driven by C. Due to the negligent driving of C A suffered injuries.
Here A may join B and C as defendants in the complaint for quasi-delict

Requisites:

Section 7 – Compulsory Joinder of Indispensable Parties

Definition of Indispensable Parties (Valdez-Tallorin v. Heirs of Tarona, G.R. NO. 177429, November
24, 2009)

An indispensable party is a party-in interest without whom no final determination can be had of an action, and who
shall be joined either as plaintiffs or defendants. It is a party whose interest will be affected by the court’s action in
the litigation. (Rosario Enriquez Vda. De Santiago vs Antonio Vilar, GR No. 225309)
Indispensable parties are those with such an interest in the controversy that a final decree would necessarily affect
their rights, so that the courts cannot proceed without their presence. Joining indispensable parties into an action is
mandatory, being a requirement of dues process. Without their presence the judgment of the court cannot attain
finality (Parties (Valdez-Tallorin v. Heirs of Tarona, G.R. NO. 177429, November 24, 2009)

What is the nature of joinder of indispensable party?

Settled is the rule that joinder of indispensable parties is compulsory being a sine qua non for the exercise of judicial
power, otherwise all subsequent action of the court is null and void and the case should be dismissed for want of
authority

PURPOSE OF JOINING/IMPLEADING INDISPENSABLE PARTY

The presence of indispensable parties is necessary to vest the court with jurisdiction, thus, without their
presence to a suit or proceeding, the judgment of a court cannot attain real finality
Will non-joinder of indispensable party a ground for outright dismissal of the action?

No. Non-joinder of indispensable parties is not a ground for the dismissal of an action. At any stage of the
proceeding or at such times as are just, parties may be added on the motion of a party or on the initiative of the
tribunal concerned. If the plaintiff refuses to implead an indispensable party despite the order of the court, that court
may dismiss the coplaint for the plaintiff’s failure to comply with the order.

Absence of an indispensable party renders all subsequent actions of the court null and void for want of
authority to act, not only as to the absent parties, but even as those present. (Bacalso v. Padigos, G.R. No. 173192,
April 18, 2008)

If the plaintiff refuses to implead an indispensable party despite order of the court, the court may
dismiss the complaint for failure to comply with the lawful orders. (Pampanga Plantation Co. v. Tinghil, G.R. No.
159121, February 3, 2005)

Rules on co-owners as indispensable parties in actions to recover property

1. Plaintiff v. co-owners (defendants) - each co-owner is an indispensable party and must be made
defendants in the action. (Valdez-Tallorin case, supra)

2. If a suit is brought by any of the co-owners (plaintiffs) against third persons, the other co-
owners need not be joined (Navarro v. Escobido, G.R. No. 153788, November 27, 2009)

3. Co-owners are not indispensable to maintain an action for ejectment under Art. 487 of the NCC
(Mendoza v. Coronel)

Section 8 - Necessary parties

Definition
A Necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action

Whenever in any pleading in which a claim is asserted,a necessary party is not joined, the pleader shall set forth the
name of the necessary party, if his name is known and shall state why such party is omitted.

If the reason given for the non-joinder of the necessary party is found by the court to be unmeritorious, it may
order the pleader to join the omitted party if jurisdiction over his person may be obtained
The failure to comply with the order of the court to include a necessary party without justifiable cause, shall be
deemed a waiver of the claim against such aprty.

Effect of Justified Non-Inclusion of a Necessary Party (Agro Conglomerates, Inc., v. CA, G.R. No.
117660, December 18, 2000)

The non-inclusion of a necessary party does not prevent the ccourt from proceeding in the action, and the judgment
rendered therein sall be without prejudice to the rights of such necessary party

Section 9 – Non- Joinder of Necessary Parties to be pleaded

A Necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action

Whenever in any pleading in which a claim is asserted,a necessary party is not joined, the pleader shall set forth the
name of the necessary party, if his name is known and shall state why such party is omitted.

If the reason given for the non-joinder of the necessary party is found by the court to be unmeritorious, it may
order the pleader to join the omitted party if jurisdiction over his person may be obtained

The failure to comply with the order of the court to include a necessary party without justifiable cause, shall be
deemed a waiver of the claim against such party.

Section 10 – Unwilling co-plaintiff

Definition
An unwilling co-plaintiff is a party who is supposed to be a plaintiff but whose consent to be joined as a plaintiff
cannot be obtained as when he refuses to be a party to the action. Under the S3R10, said unwilling co-plaintiff (a)
may be made a defendant, and (b) the reason therefor shall be stated in the complaint

Remedy – made a defendant and state the reason therefor

Section 11 – Misjoinder and non-joinder of parties

A party is misjoined when he is made a party to the action although he should not impleaded. He is not joined
when he is supposed to be joined but is not impleaded in the action.

Rule - Not a ground for dismissal of the action (Valdez-Tallorin, supra)

Parties may be dropped or added by order of the court on motion of any party o on its own initiative at any stage of
the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. If
there is a claim against a party misjoined, the same may be severed and proceeded with Separately.

Remedy – Amend the complaint

Exception – Failure to comply with the order of the court for the inclusion of an indispensable party
(ROC Rule 3, Section 7 in relation to RO, Rule 17, Section 3)

Sec. 12. Class suit. – Requisites:

 a. Subject matter of the controversy is one of common or general interest to many persons;

b. The parties affected are so numerous that it is impracticable to bring them all before the court; and

c. The parties bringing the class suit are sufficiently numerous or representative of the class and can fully
protect the interests of all concerned.

Ex. Martial law victims and comfort women

The complaint must specifically state that the same is being brought in behalf of others with whom the parties
share common interest (Borlaza v. Polistico, 47 Phil 345.)

A class suit cannot be compromised or dismissed without the approval of the court. (Sec. 2, Rule 17)

Section 13 – Alternative defendants

Plaintiff is uncertain against who of several persons he is entitled to relief

Example: Mr. A , a pedestrian was injured in the collision of two vehicles. He suffered injuries but does not know
with certainty which vehicle caused the mishap. Mr. A should sue the vehicle drivers/owners in the alternative.

Section 14 – Unknown identity or name of defendant

- Sue as unknown defendant and amend the complaint once the identity becomes known
- Summons by publication with leave of court

Section 15 – Entity without juridical personality as defendant

Sec. 16. Death of a party.

The death of the client extinguishes the attorney-client relationship and divest a counsel of his authority to represent
the client. Neither does he becomes the counsel of the heirs of the deceased unless his services are engaged by said
heirs

When the action survives, counsel has to notify the court within 30 days for substitution purposes. The court shall
order the legal representative or representatives of the deceased to appear and be substituted for the deceased within
thirty days from notice.

Proceedings conducted by the trial court after the death of the defendant, and without such substitution, are null
and void (Lawas v. CA, Dec. 12, 1986.) except when the defendant died while the case was pending appeal and
involved only the review of the evidence presented with the participation of the deceased. (Florendo, et al., v.
Coloma, et al., G. R. No. 60544, May 19, 1984.)

Service of summons is not required to effect substitution. The Court shall order the appearance of the legal
representative of the decedent or heirs and be substituted for the deceased within 30 days from notice.

The purpose behind the rule on substitution of parties is the protection of the right of every party to due process.

No substitution – the proceedings and judgment are void because the court did not acquire jurisdiction over the
person of the legal representative of the deceased
 No formal substitution is necessary when the legal representatives or heirs voluntarily appeared and participated
in the proceedings (Vda. De Salazar v. CA)

Test to determine whether an action survives the death of a party

In action that survives, the wrong complained of affects principally property and property rights, the injuries to
the person being merely incidental while in the causes of action which do not survive, the injury complained of is to
the person, the property and rights of property affected being incidental. (Cruz v. Cruz, 629 SCRA 605)

Actions that survive the death of a party

Ex. a) action to recover real and personal property against the estate; (b), actions to enforce liens thereon; and (c)
actions to recover for an injury to person or property by reason of tort or delict committed by the deceased.

In the causes of action which do not survive, the injury complained of is to the person, the property and
property rights being incidental. – example: Support

Rules in cases where the action survives the death of party

a. Contractual money claim (See Section 20, Rule 3)

1. Plaintiff dies - case will continue and the heirs/legal representative will substitute

2. Defendant dies

2.a. Before entry of judgment (also finality of action – upon the expiration of the time to
appeal)(the actual recording of the clerk of court of the dispositive portion of the decision in the
book of entry of judgment)
If the defendant dies before entry of final judgment in the court in which the action was pending
at the time of such death, the court shall not dismiss the suit. The case shall be allowed to
continue until entry of final judgment.

2.b. After entry of final judgment but before execution (Rule

If the plaintiff obtains a favorable judgment, said judgment shall be enforced by prosecuting
claims against the estate of the deceased person

2.c. After levy or execution but before auction sale

Rule 39. Section 7. Execution in case of death of party - Inn case of death of a party, execution
may issue or be enforced in following manner:
a. In case of death of the judgment oblige, upon the application of his executor or
administrator or successor in interest
b. In case of death of the judgment obligor against his executor or administrator or
successor in interest if the judgment be for the recovery of real or personal property or
the enforcement of a lien thereon
c. In case of the death of the judgment obligor, after execution is actually levied upon any
of his property, the same may be sold for the satisfaction of the judgment obligation and
the officer making the sale shall account to the corresponding executor or administrator
for any surplus in his hands.

b. Non-contractual money claim

Section 17 – Death or separation of a party who is a public officer

Section 18 – Incompetency or incapacity

Section 19 – Transfer of interest

This rule contemplates a situation where the transfer occurs during the pendent lite
Rule – Action may proceed without the transferee being impleaded for the latter is not an indispensable party

Exception – When so ordered by the court

Sec. 20. Action for money claims based on contract (Very important)

Two important aspects:

a. the action must primarily be for recovery of money, debt or interest therein; and

b. the claim arose from a contract, express or implied

If the defendant dies before entry of judgment, the action shall be allowed to continue until entry of final
judgment. The said money claim shall be filed in the probate court which is based upon a final and executory
judgment.

Entry of Judgment – If no appeal or MR is filed within the reglementary period, the judgment or final order shall
forthwith be entered by the clerk in the book of entries of judgments. The date of finality of the judgment or final
order shall be deemed to be the date of its entry. (Section 2, Rule 36).

Importance - Reckoning 5-year period fro execution by motion (Section 6, Rule 39) or the 6-month for the relief
from judgment (Section 3, Rule 38)

Section 21 – Indigent party

Section 22 – Notice to the solicitor

RULE 4

Section 1. Venue of real actions. (See Article 415, Civil Code)

Section 1, Rule 4 – Venue of real actions. Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court, which has jurisdiction over the area wherein the real
property involved or a portion thereof is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality
or city wherein the real property involved or a portion thereof is situated.

Definition – Venue is simply the geographical location/place where the case shall be instituted, heard and
tried.

Venue versus Jurisdiction

(a) Jurisdiction is the authority to hear and determine a case; venue is the place where the case is to be heard or tried;
(b) Jurisdiction is a matter of substantive law; venue, of procedural law;
(c) Jurisdiction establishes a relation between the court and the subject matter; venue, a relation between plaintiff
and defendant, or petitioner and respondent; and,
(d) Jurisdiction is fixed by law and cannot be conferred by the parties; venue may be conferred by the act or
agreement of the parties
 Venue of actions:

a. Involving one real property – in the proper court (either RTC or lower court depending upon the value of
the property, See R.A. 7691) and where the real property is situated.

b. Involving various parcels of land situated in different provinces:

1. If they are the object of one and the same transaction, in the RTC or lower court wherein a parcel
of land is situated. (El Hogar v. Seva, 57 Phil. 873)

2. If they are the subjects of separate and distinct transactions, in the RTC or lower court wherein
each parcel of land is situated.

c. Forcible entry and unlawful detainer – in the lower court where the real property is situated regardless of
the value of the property.

d. Venue in real action, like unlawful detainer can be stipulated by the parties (Union Bank of the Phiils. v.
Maunlad Homes, Inc., 678 SCRA 539)

An action is real when it affect title to or possession of real property, or an interest therein. (Sec. 1, Rule 4)
All other actions are personal.

Not all actions involving real property is real action. The realty must not only be incidental to the suit. Determine
the primary purpose of the plaintiff based on the material allegations and prayer in the complaint (Lizares v. Caluag,
4 SCRA 746)

Ex. If the allegations and prayer in the complaint do not claim ownership of the lots in question or ask for
possession of the same but only seeks for the execution of a deed of sale by the defendants in favor of the plaintiff,
the action is personal (Adamos v. J.M. Tuason & Co., Inc., 25 SCRA 529)

Venue for action to revive judgment (Infante v. Aran Builders, Inc., G.R. No. 156596, August 24, 2007)

1. Involving real property – location of the property

2. Personal property – residence
If the action for revival of judgment affect title to or possession of real property or interest threin, then it is
a real action that must be filed with the court of the place where the real property is located, and it is then a
personal action that may be file with the court of the place where the plaintiff or defendant resides

Section 2. Venue of personal actions. (See, Article 416-417, New Civil Code)

At the election of the plaintiff:

1. Where the plaintiff or any of the principal plaintiffs resides;

2. Where the defendant or any of the principal defendants resides; or
3. In the case of nonresident defendant, where the non-resident defendant may be found, or where the
plaintiff or any of the principal plaintiff resides.

When there is more than one defendant or plaintiff, the residences of the principal parties should determine the
proper venue.

Residence is the personal, actual or physical habitation or his actual residence or place of abode whether
permanent or temporary as long as the person resides with continuity and consistency therein.
 Action in personam against resident defendant – jurisdiction over the person is necessary for the court to
validly try and decide the case. Acquired by personal service (Sec. 6, Rule 14) or substituted service ( Sec. 7)

Action in rem and quasi in rem against non-resident not found in the Phils. – jurisdiction over the person is not
necessary. (Biaco v. Phil. Countryside Rural Bank, 515 SCRA 106)

Action in personam against a non resident who does not voluntarily submit himself to the authority of the court
– personal service within the state is necessary but possible only if teh defendant is physically present in the country.
(Asiavest Limited v. CA, 296 SCRA 539)

Action in personam against a non-resident not found in the Philippines - summons by publication will not
enable the court to acquire jurisdiction over the person of the defendant (Gomez v. CA, 98)

Rule: In action in personam, personal service, substituted service and voluntary appearance are the only
modes to validly acquire jurisdiction over the person of the defendant. Summons by publication in an action
in personam will not enable the court to acquire jurisdiction over the person of the defendant. Pantaleon v.
Asuncion 105 Phil. 761)

Exceptions:

1. leave of court, if the identity of the defendant is unknown or his whereabouts is unknown, by publication I a
newspaper of general circulation (Sec. 14, Rule 14; Santos v. PNOC, 566 SCRA 272)

T.N. In any type of action….

2. leave of court, if the resident defendant is temporarily out of the country

T.N. In any action …

Section 3. Venue of actions against nonresidents not found in the Philippines

The rule on Venue under Sec 3 Rule 4 of the rules of court applies when the following concur:
1. any of the defendants is a non-resident and at the same time is not found in the Philippines;
2. The action affects the personal status of the plaintiff
3. The action affects any property of the nonresident defendant located in the Philippines

The action in any of the above situations may be commenced and tried in the court of the pace where the plaintiff
resides or where the property or any portion thereof is situated or found

a. Action that affects the personal status of the plaintiff – where the plaintiff resides.

b. Any property (real or personal) of the defendant located in the Philippines. – where the property or any
portion thereof is situated or found or where the plaintiff resides, at the election of the plaintiff.

c. Non-resident plaintiff but is permitted to sue here (foreign corporation with the requisite license under the
Corporation Code), venue is:

1. Personal action - residence of the defendant.

2. Real action - where the real property or part thereof is situated.

Alternative venue is not available to nonresident plaintiff foreign corporation (Time, Inc. v. Reyes, May 31,
1971).
 And so also, if the plaintiff does not reside in the Philippines, the venue of action shall be the place of
residence of the defendant. (Cohen and Cohen v. BEnguet Commercial Ltd.)

Exception to the general rule on venue.

Civil action for damages in case of libel, whether a criminal action therefor has been filed or not. The venue
provision applies to both residents and no-residents (See Article 360 of the RPC, as amended by R. A. 4363) - The
criminal and civil action for damages in cases of written defamations as provided for in this chapter shall be
filed simultaneously or separately with the court of first instance of the province or city where the libelous
article is printed and first published or where any of the offended parties actually resides at the time of the
commission of the crime

Improper venue is a ground for dismissal of the case (Sec 1 (c), Rule 16 and if not pleaded, is deemed waived.
– it can be raised in the answer as an affirmative defense ( the venue is improperly laid)

But the court cannot motu proprio dismiss the case on the ground of improper venue. (Republic v. Glasglow
Credit and Collection Serivces, Inc., 542 SCRA 95; Dolot v. Paje, G.R. No. 199199, August 27, 2013) (The court
cannot motu proprio dismiss the case based on improper venue since It is only for the convenience of the
parties and not jurisdictional, and it is not one of the grounds mentioned under Rule 9, Section 1

Exceptions: The court can motu proprio dismiss the case:

a. Action covered by the Rules on Summary Procedure;

Sec 4, Rules on Summary Procedure. After the court determines that the case falls under the summary
procedure, it may from an examination of the allegations therein and such evidence as may be attached
thereto, dismiss the case outhright on any of the grounds apparent therefrom for the dismissal of the civil
action

b. Small claims cases; and

Section 11. Dismissal of the claim – after the court determines that the case falls under these rules it may,
from an examination of the allegations of the statement of claim/s and such evidence attached thereto, by iit
self dismisss the case outhright on any of the grounds for the dismissal of the case

c. Actions for forcible entry and unlawful detainer. No motion to dismiss is required (Sec. 5, Rule 70)

Sec. 4. Exceptions.

Sec 4. When Rules not Applicable. This rule shall not apply:
1. In those cases where the specific rule or law provides otherwise
2. Where the parties have validly agreed in writing before the filing of the action on exclusive venue thereof
The parties may stipulate on the venue as long as the agreement is 1. In writing, 2. Made before the filing of the
action and 3. Exclusive as to the venue

Venue in civil action not being jurisdictional can be the subject of the agreement by the parties through a valid
written agreement executed before the filing of the action.

The written agreement must employ a categorical and limiting language that they wish the venue of all
actions between them to be laid only and exclusively at a definite place. Their must be accompanying language
clearly and categorically expressing their purpose and design that actions between them be litigated only at the place
named by them. Any doubt or uncertainty as to the parties’ intention must be resolved against giving their agreement
a restrictive or mandatory aspect (Unimasters Conglomeration, Inc. v. CA, et al., 267 SCRA 769)

Examples of words with restrictive meaning:

 Only, solely, exclusively in this court, in no other court save, particularly, nowhere else except, or words of
different import (Pacific consultants International Asia, Inc v. Schonfeld, 516 SCRA 209)

Exception: When it is contrary to public policy as it denies a party a fair opportunity to file suit. (See Hoechst
Philippines, Inc. v. Torres, May 19, 1978)

Contract of adhesion.

Can be struck down occasionally as when a dominant bargaining party left the weaker party without any choice as
to be completely deprived of an opportunity to bargain effectively (Prieto v. CA, 673 SCRA 371) (See, Sweet Lines
v. Teves, 83 SCRA 361)

The Supreme Court has the power to order change of venue or place of trial to avoid miscarriage of justice (See
Sec. 5(4) Article VIII, 1987 Constitution; Magsaysay v. Magsaysay, et al., July 17, 1980)

RULE 5
Uniform Procedure in Trial Courts

1. Particular provision expressly or impliedly applies only to either of said courts

2. Rules on Summary Procedure
3. Small Claims
4. Special laws

RULES ON SUMMARY PROCEDURE

As amended by the Rules on Expedited Procedures in FLC
(A.M. No. 08-8-7-SC approved on March 1, 2022)

Cases covered by the Rules on Summary Procedure

Section 1. Civil cases covered

1. Forcible entry and unlawful detainer

2. Civil Actions and complaints for damages when the claim does not exceed P2M

3. Enforcement of barangay amicable settlement agreements and arbitration award where the money
claims exceeds P1M

4. Cases solely for revival of judgment of any FLC

5. Civil aspect of BP 22 if no criminal action has been instituted

Section 3 – Pleadings allowed

Section 4 – Duty of the court

Section 5 – Filing of answer within 10 days; no motion for extension is allowed

- affirmative and negative defenses not pleaded are deemed waived except lack of jurisdiction
- cross-claims and compulsory counterclaims not asserted in the answer are deemed waived

Section 6 – Effect of failure to answer

- No default because a motion to declare defendant in default is a prohibited pleading

 - Court may rendered judgment motu proprio or upon motion by the plaintiff
- Judgment shall be based on the facts alleged in the complaint and as to is prayed for

Section 7 – Preliminary conference

- Plaintiff’s failure to appear shall cause for the dismissal of the case
- Defendant’s failure to appear shall entitle the plaintiff to a judgment under section 6

Section 9 – Submission of affidavits and position papers

- within 10 days from receipt of the preliminary conference order under Section 8, parties shall
submit the affidavits of their witnesses and other evidence on the factual issues together with
their position papers
- No hearing conducted; no presentation of evidence

Section 10 – Rendition of Judgment within 30 days after receipt of the last affidavits and position paper

- if court needs to clarify certain material facts, issue order to direct the parties to submits
affidavits or other evidence on such material facts

Section 19 – Prohibited pleadings

SMALL CLAIMS
A.M. No. 08-8-7-SC as amended by
A.M. No. 08-8-7-SC approved on March 1, 2022

Cases covered: verified statement of claim accompanied with a certificate of forum shopping. The
respondent files a response not an answer. No declaration of default in small claims cases.
Purely mmonetary claims
1. P1M and no more distinction whether filed before the FLC within or outside Metro Manila
2. Barangay amicable settlement agreements and arbitration awards not exceeding P1M
3. Recovery of personal property is excluded unless made subject of a compromise agreement

Applicable in all actions that are purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money.

Section 5 - Applicability

c. For money owed under the following:

1.a Contract of lease

1.b Contract of loan
1.c Contract of services
1.d Contract of sale
1.e Contract of Mortgage

b. Liquidated damages arising from contracts

d. Enforcement of a barangay amicable settlement or an arbitration award involving a money claim
covered by this Rule pursuant to Section 417 of RA No 7160

Section 6 – Commencement of Small Action

- filing of an accomplished verified Statement of Claim accompanied by a Certification Against

 Forum Shopping, Splitting a Single Cause of Action and Multiplicity of Suits and duly
certified photocopies of the actionable documents of the claim, affidavits of witness and other
evidence

Section 11 - Dismissal of the Claim

- any of the grounds to dismiss the case

Section 12 – Summons and notice of hearing if no ground for dismissal is found

Section 13 – Defendant shall file a Response (Answer in ordinary civil action) within 10 days from receipt of
summons

Section 14 – Effect of failure to file a response and fail to appear on the date of hearing

- rendition of judgment

Defendant failed to file his Response but appears on the hearing

- Court shall ascertain his defense which shall serve as his response and proceed to hear or
adjudicate the case

Section 15 – Compulsory counterclaim (4 requisites)

- Not set up; barred

Section 16 – Prohibited pleadings and motions

Section 18 - Personal appearance by the parties

- Representative may appear

Section 19 – Appearance of attorney’s not allowed unless he/she is the party

Section 20 – Non-appearance by the parties

- Plaintiff shall cause for the dismissal

- Defendant shall cause for the rendition of judgment

Section 24 – Decision shall be rendered within 24 hours

- it is immediately entered in the court docket (meaning immediately final and executor and not
appealable
- What, therefore, is the remedy?

JUDICIAL AFFIDAVIT RULE

(A.M. No. 12-8-8-SC)

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
 (5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be uniformly
referred to here as the "court."

- JA is not a documentary evidence it is a testimonial evidence in a form of document.

Thus, it must not be moved for marking

Section 2 – Submission of judicial affidavits within 5 days (Amended by Rule 7, Section 6 of the 2019 Rules of
Civil Procedure which provides that the J/A shall be attached already to the pleading)
a. The parties shall file with the court and serve on the adverse party, personally
or by licensed courier service, not later than 5 days before pre-trial or preliminary
conference or the scheduled hearing with respect to motions and incidents, the
following:
i. The judicial affidavits of their witnesses, which shall take the place of such
witnesses' direct testimonies; and
ii. The parties' documentary or object evidence, if any, which shall be attached to
the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant.

Section 3 – Contents of the judicial affidavits

Section 3- Contents: A judicial affidavit shall be prepared in the language known to the witness and
if not in English or Filipino, accompanied by a translation in English or Filipino and shall contain
the folloing:
a. The name, age, residence or business address and occupation of the witness; PERsonal
circumstances
b. The name and address of the lawyer who conducts or supervises the examination of the
witness and the place where the examination is being held
c. A statement that the witness is answering the questions asked of him, fully conscious that
he does so under oath, and the he may face criminal liability for false testimony or perjury
d. Questions asked of the witness and his corresponding answers, consecutively numbered,
that
i. Show the circumstances under which the witness acquired the facts upon which
he testifies
ii. Elicit from him those facts which are relevant to the issues that the case present
and
iii. Identify the attached documentary and object evidence and establish their
authenticity in accordance with the rules of court
e. The signature of the witness over his printed name
f. A jurat with the signature of the notary public who administers the oath or an officer who
authorized by law to administer the same

Section 4 – Sworn attestation of the lawyer

Section 6 – Offer and objections to testimony in judicial affidavit = read the docuemnts presented as formal offer
to give the opposing party a chance to object or comment on the documentary exhibit.

Section 7 – Examination of the witness on his judicial affidavit

Section 8 – Oral offer and objection to exhibits – when plaintiff rest his case, the respondent/defendant may
move for demurer of evidence

Section 10 – Amended by Rule 7, Section 5 of the 2019 Rules of Civil Procedure

THE 2019 RULES OF CIVIL PROCEDURE

RULE 6
KINDS OF PLEADINGS

Section 1. Pleadings defined (Read)

 - written statements of the respective claims and defenses of the parties submitted to the Court

- not all written statements submitted to court are pleadings

- Pleading is the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment

- PURPOSE: To infor the court and the parties of the facts in issues

PLEADING MOTION
A submission of claims or defenses for An application for order not included in the
appropriate judgment judgment
May be initiatory or responsive Cannot be initiatory as motions ar emade in a
case already filed in court
Must be written May be oral when made in open court or in
the course of a hearing or a trial
Must be filed before judgment May be filed even adter judgment
o

Section 2 – Pleadings allowed

- Filing of reply is required only if there is an actionable document attached to the Answer. –
the plaintiff shall specifically deny under oath
- Actionable document (See Rule 8, Sections 7 & 8)

Section 3 Complaint. – (Read)

The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the complaint

Section 4. Answer. – (Read)

An answer is a pleading in which a defending party sets forth his defenses. (Sec. 6, Rule 4) It may be an answer to a
complaint, a counterclaim or a cross-claim but not to a reply

Section 5 – Defenses (Memorize)

- Negative defense (Memorize)

-  A negative defense is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause or causes of action.

- Affirmative defense (Memorize)

- An affirmative defense is an allegation of, a new matter which, while hypothetically

admitting the material allegations in the pleading of the claimant, would nevertheless prevent
or bar recovery by him or her. The affirmative defenses include fraud, statute of limitations,
release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance.
-
- Affirmative defenses may also include grounds for the dismissal of a complaint, specifically,
that the court has no jurisdiction over the subject matter, that there is another action pending
between the same parties for the same cause, or that the action is barred by a prior judgment.

*Included as affirmative defenses

 1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statute of frauds
7. Estoppel
8. Former Recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance

- The 3 affirmative defenses which may be ground for dismissal of a complaint

1. lack of jurisdiction over the subject matter

2. litis pendentia

*3 ways of committing forum shopping which are in the nature of litis pendentia

3 types of forum shopping

1. Filing multiple cases based on the same cause of action and with the same prayer, the
previous case not having been resolved (litis pendencia)
2. Filing multiple cases based on the same cause of action and with the same prayer as the
previous case having been resolved with finality (res judicata)
3. Filing multiple cases based on the same causes of action but with different prayers (splitting
causes of action where the ground for dismissal is also either litis pendentia or res judicata)-
same cause of action, same parties but the relief prayed for are different from the first or
second case filed

3. res judicata

*2 concepts of res judicata (NHA v. Baello)

a. conclusiveness of judgment (memorize the concept)

b. bar by prior judgment (memorize the concept)

The first, known as "bar by prior judgment," is the effect of a judgment as a bar to the
prosecution of a second action upon the same claim, demand or cause of action. The second,
known as "conclusiveness of judgment," precludes the relitigation of a particular fact or issue
in another action between the same parties on a different claim or cause of action. 

There is a bar by prior judgment where there is identity of parties, subject matter, and causes of action
between the first case where the judgment was rendered and the second case that is sought to be barred .
There is conclusiveness of judgment, on the other hand, where there is identity of parties in the first and
second cases, but no identity of causes of action.

Section 6. Counterclaim. – (Read)

counterclaim is any claim, which a defending party may have against an opposing party.
It is considered a new suit in which the defendant is the plaintiff and the plaintiff n the complaint becomes the
defendant

Section 7. Compulsory counterclaim. – Memorize including the requisites

 - Requisites

1) cognizable by the court of justice

2) arises out of or is connected with the transaction or occurrence constituting the subject
matter of the opposing party’s claim
3) its adjudication does not require the presence of third person of whom the court cannot
acquire jurisdiction.
REQUISITES
1. Arises out of or is necessarily connected with the transaction or occurrence which is the subject
matter of the opposing party’s claim;
2. It does not require for its adjudication the presence of third parties over whom the court cannot
acquire jurisdiction;
3. The court has jurisdiction over the amount and nature of the case; and
4. It must be cognizable by the regular courts of justice. (

- One compelling test of compulsoriness of the counter-claim is whether or not:

1. the issues of fact and law raised by the claim and counterclaim are essentially the same;
2. res judicata would bar a subsequent suit or defendant’s claim absent the compulsory
counterclaim rule;
3. substantially the same evidence support or refute the claim and the counterclaim; and
4. there is logical relation between the claim and the counterclaim (Alday v. FGU Insurance
Corp., G.R. No. 138822, Jan, 23, 2001)

- Very important! - Both the original action and the counterclaim must be within the
jurisdiction of the court as to the amount and the nature thereof

- A counter-claim before the FLC must be within the jurisdiction of the said court both as to the
amount and nature thereof

- If the original action falls under the jurisdiction of the RTC, then the counterclaim may be
compulsory even if cognizable by the first level court

- If a counterclaim is filed in the FLC in excess of the jurisdictional amount, the excess is
considered waived (Agustin v. Bacalan)

- In Calo v. Ajax Int’l, the remedy where a counterclaim is beyond the jurisdiction of the FLC
is to set off the claims and file a separate action to collect the balance

- Very Important! – Effect if a compulsory counterclaim is not pleaded or raised in the same
action is BARRED unless otherwise allowed by the Rules
-
- But an after acquired counter-claim or cross claim is not barred if not set up (Section 9 (after
acquired, hence, not compulsory) and 10 (omitted through oversight, etc., - compulsory in
nature) Rule 11; See, Tiu Po v. Bautista, G.R. No. 55514, March 17, 1981)

Effect on the counterclaim when the complaint is dismissed . The defendant has the option of
prosecuting the counterclaim in the same or in a separate action. (R17,S3) The exception would be
under S2R17 where he defendant pleaded his counterclaim after the service upon him of the
plaintiff’s motion for dismissal. In such a case, the dismissal of the complaint will also result in
the dismissal of the counterclaim. The reason is quite obvious, the defendant already has notice of
the plaintiff’s motion for dismissal at the time he pleads his counterclaims ans is therefore
 presumed to have borne the risk of dismissal

Permissive Counterclaim – is a pleading asserting a claim which, being cognizable by the regular courts of justice,
which does not arise out of or is not connected with the transaction or occurrence constituting the subject matter of
the opposing party’s claim and require for its adjudication the presence of third parties of whom the court can
acquire jurisdiction – a certificate of forum shopping should be incorporated since a PC is considered an
initiatory pleading vs a compulsory counterclaim which does not need a certification of forum shopping since
it is not considered an initiatory pleading

DOCKET FEES are required in permissive counterclaim while it is suspended in compulsory and cross claim

Section 8. Cross-claim (Read)

A cross claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the
subject matter either of the original action or of a counterclaim therein. Such cross claim may cover all or part of the
original claim

Section 9. Counter-counterclaims and counter-cross-claims (Read)

Section 10. Reply. (Memorize)

-A reply is a pleading, the function of which is to deny or allege facts in denial or avoidance of new matters
alleged in or relating to an actionable document attached to the answer ( an actionable document is a document
upon which an action or defense is based. E.g promissory note in an action for collection of sum of money; deed of
mortgage in an action for foreclosure of mortgage’ official receipt of payment on the party of a defendant raising
payment as a defense)

- What shall the plaintiff do if he/she wishes to interpose any claims arising out of the new
matters alleged in the answer

*File an Amended or Supplemental Complaint

*File a Reply if an actionable document is attached to the Answer (See the discussions in
Section 2 of this Rule)

- What is the function of Reply?

To deny or allege facts in denial or avoidance of new matters alleged in or relating to an actionable
document

- What shall the defendant do if the plaintiff attached an actionable document in his Reply?
-
*File a Rejoinder provided that the same is based solely on an actionable document

Section 11 – Third (fourth, etc.) – party complaint. (Read)

- Under what circumstances the court shall deny admission of the third (fourth, etc.), and
instead require the defendant to file a separate action? (Memorize)
The third-party complaint shall be denied admission, and the court shall require the defendant to
institute a separate action, where:
a. The third-party defendant cannot be located within 30 calendar days from the grant of such
leave;
b. Matters extraneous to the issue in the principal case are raised; or
c. The effect would be to introduce a new and separate controversy into the action.
Section 12 – Bringing new parties (Read)

EXAMPLE:
A sues X for nullification of a promissory ote. The note was signed by A and B, binding themselves jointly to pay
X. X may file a counterclaim against B for X to gain complete relief since he cannot obtain complete relief from A
alone.

Section 13 – Answer to third (fourth, etc) (Read)

RULE 7
PARTS AND CONTENTS OF PLEADING

Section 1. Caption. - (Read) – Sets forth the name of the court, the title of the action and the docket number if
assigned
Section 2. The body. - (Read) – The body of a pleading sets forth its designation, the allegations of the party’s claim
or defenses, the relief prayed for and the date of the pleading

Section 3. Signature and address –

What does the signature of counsel constitute? (Memorize)

(b) It constitutes as certificate: (a) that he or she has read the pleading and document; (b) that
to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under
the circumstances:

(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;

(2) The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing
existing jurisprudence;

(3) The factual contentions have evidentiary support or, if specifically so identified, will
likely have evidentiary support after availment of the modes of discovery under these rules;
and

(4) The denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information.

(c) Sanctions the court may impose (Read)

c) If the court determines, on motion or motu proprio and after notice and hearing,
that this rule has been violated, it may impose an appropriate sanction or refer such
violation to the proper office for disciplinary action, on any attorney, law firm, or party
that violated the rule, or is responsible for the violation. Absent exceptional
circumstances, a law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee. The sanction may include, but not
limited to, non-monetary directives or sanctions; an order to pay a penalty in court;
or, if imposed on motion and warranted for effective deterrence, an order directing
payment to the movant of part or all of the reasonable attorney's fees and other
expenses directly resulting from the violation, including attorney's fees for the filing of
motion for sanction. The lawyer or law firm cannot pass on the monetary penalty to
 the client.

Section 4. Verification.

Verification is a statement under oath. It includes both the actual swearing to the truth of the statements of
the subscriber and also the certificatin thereto by the notary or other officer authorized to administer oath

- Not all pleadings are required to be verified

How is a pleading verified? (Memorize)

- A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or
a special power of attorney, should be attached to the pleading, and shall allege the following attestations:

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

(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation; and

(c) The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the truthfulness of the
allegations in the pleading.

A pleading required to be verified that contains a verification based on “information and belief,” or
upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an
unsigned pleading. ( an unsigned pleading produces no legal effect and is dismissible. However, the
court may in its discretion, allow such deficiency to be remedied if it shall appear that the same was
due to mere inadvertence and not intended for delay.

- Purpose of requiring verification

*to secure assurance that the allegations of the petition have been made in good faith, or are
true and correct, not merely speculative (Sarmiento v. Zaratan, G.R. No. 16741, February 5,
2007)

- Effect of non-verification

*does not necessarily render the pleading fatally defective and the Court may order its
submission or correction or act on the pleading if the end of justice will be served thereby
(Vda. De Formoso v. PNB, G.R. No. 154704, June 1, 2011)

Section 5. Certification against forum shopping. — The plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: a) that he or she has not theretofore commenced any action
or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the
best of his or her knowledge, no such other action or claim is pending therein; (b) if there is such other
pending action or claim, a complete statement of the present status thereof; and (c) if he or she should
thereafter learn that the same or similar action or claim has been filed or is pending, he or she shall
report that fact within five (5) calendar days therefrom to the court wherein his or her aforesaid
complaint or initiatory pleading has been filed.

The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be attached to the pleading.

Failure to comply with the foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall constitute indirect contempt
of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the
party or his or her counsel clearly constitute willful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions. (5a)

The certification against forum shopping is a statement executed by the plaintiff or the principal
party under oath and must be signed by the party himself/herself and not merely by his attorney. A
certification against forum shopping signed by counsel is a defective certification that is equivalent to
non-compliance with the requirement and constitutes a valid cause for the dismissal of the petition.
The certificate of non-forum shopping is a mandatory requirement in filing a complaint and other
initiatory pleadings asserting a claim or relief.

- only complaint and other initiatory pleading is required to contain a certification against
forum shopping which shall be annexed thereto and simultaneously filed therewith

- it is a regular requirement which must be incorporated in the complaint or contained in a

sworn certification annexed thereto and simultaneously filed with the complaint.

- it must be made by the plaintiff or principal party and not by his lawyer who executes the
certification. (Santos, et al. v. CA, et al., G.R. No. 141947, July 3, 2001.

 exception – if the counsel is authorized through SPA (Cosco Philippines Shipping Inc. v.
Kemper Insurance Co., 670 SCRA 343)

 rationale – it is the party who is in the best position to know whether he actually filed or
caused to file an initiatory pleading (` , 297 SCRA 30.)
-
- compulsory counterclaims are not initiatory or similar pleadings under Administrative
Circular No. 04-94. Compulsory counterclaim is only a reaction or response, mandatory under
pain of waiver, to an initiatory pleading which is the complaint. (Cruz-Agana v. Santiago-
Lagman, et al., G.R. No. 139018, April 11, 2005). Hence, the Answer with compulsory
counterclaim need not contain certification against forum shopping.

- violation of the rule on forum shopping should be raised at the earliest opportunity and cannot
be raised for the first time on appeal. (Young v. Seng, et al., G. R. No. 143464, March 5,
2003.)
 - 3 ways of committing forum shopping (Chua v. Metrobank, 596 SCRA 524)

1. filing multiple suits based on the same cause of action and the same prayer and the same
parties and the previous case not yet terminated (litis pendentia)

2. filing multiple cases based on the same cause of action and the same prayer and the same
parties, the previous case having been finally terminated (res judicata)

3. filing multiple cases based on the same cause of action but with different prayers
(splitting of causes of action where the ground for dismissal is either litis pendentia or res
judicata)

Section 6. Contents. (Important) Every pleading stating a party’s claims or defenses shall, in addition to those
mandated by Section 2, Rule 7, state the following:

(a) Names of witnesses who will be presented to prove a party’s claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said
witnesses shall be attached to the pleading and form an integral part thereof . Only witnesses
whose judicial affidavits are attached to the pleading shall be presented by the parties during trial.
Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no
other witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in the pleading. (n)

Take note: Letter (b) amended Section 2 of the Judicial Affidavit Rule which provides that the submission of
judicial affidavits shall be made within 5 days before the scheduled preliminary conference or pre-
trial.

RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Section 1. In general. (Read)

Ultimate facts – important and substantial facts which either directly form the basis of the plaintiff’s
primary right and duty or directly make up the wrongful acts or omissions of the
defendant.

- such facts as a so essential that they cannot be stricken out without leaving the
statement of the cause of action inadequate (Canete v. Genuico Ice Company, 542
SCRA 206)
 must be methodical and logical form, a plain, concise and direct statement of the
ultimate facts
 it shall include the evidence on which the party pleading relies for his or her claim or
defense, as the case may be

Evidentiary facts – necessary to prove the ultimate facts or which furnish evidence of the existence of
some other facts.

Section 2. Alternative causes of action or defenses. (Read) – When two or more stements are made in the
alternative and one of them if made independently would be sufficient, the pleading is not made insufficient
by the insufficiency of one or more of the alternative statements.

Section 3. Conditions precedent. (Read and relate this to Section 12 (5), Rule 8 which provides that it can be raised
as an affirmative defense)

-refers to conditions which shall be complied first before a case is filed and needs to be alleged in the
complaint.

-EFFECT OF FAILURE TO COMPLY WITH A CONDITIN PRECEDENT – the defendant may raise as an
affirmatice defense the failure of the plaintiff to comply with a condition precedent for filing the claim

- Examples

1. a tender of payment is required before making a consignation

2. exhaustion of administrative remedies

3. prior resort to barangay conciliation proceedings

4. earnest efforts toward a compromise must be undertaken when the suit is between the members
of the family

Section 4. Capacity. (Read) – Must be particularly averred

Section 5. Fraud, mistake, condition of the mind. (Read) – all averments of fraud or mistake, the circumstances
constituting fraud of mistake must be stated with particularity

Malice, intent. Knowledge or other conditions of the mind of the person may be averred generally

Section 6. Judgment. — (Read)

- An authenticated copy of the judgment or decision shall be attached to the pleading. This is a
requirement when pleading the affirmative defense of res judicata
- 2 aspects of res judicata
 bar by prior judgment
 conclusiveness of judgment

Section 7. Action or defense based on document. – (Important)

- Meaning of actionable document

An actionable document is a written instrument or document on which anaction or
defense is founded

*claims or defenses are based thereon

- Under the new rule, there is only one (1) way of pleading an actionable document, that is, by
setting forth the substance of such document in the pleading and attaching thereto the original
or a copy as annex (whether certified or mere xerox copy only because only a copy is required
to be attached) thereof.

- Take Note! - The other mode of pleading an actionable document which is by copying
verbatim the contents of the actionable document under the 1997 Rules was already
abandoned.

Section 8. How to contest such documents. – (Important) When an action or defense is founded upon a written
 instrument, 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 or she 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.
(8a)

- The correct way of denying a properly pleaded actionable document

*the 3 magic words – SPECIFICALLY – DENY – UNDER OATH

Failure to do would result in the admission of the genuineness and due execution of the document.

Exceptions:

1. When the adverse party was not a party to the instrument; and

2. When an order for the inspection of the document was not complied with. (See Rule 27)

By genuineness is meant that the document is not spurious, counterfeit, or of different import on its face
from the one executed by the party, (Bough v. Contiveros, 40 Phil, 208) or that the party whose signature it bears has
signed it and that at the time it was signed, it was in words and figures exactly as set out in the pleadings (Hibberd v.
Rhode, 32 Phil. 476)

By due execution is meant that the document was signed voluntarily and knowingly by the party whose
signature appears thereon, that if signed by somebody else such representative had the authority to do so, that it was
duly delivered, and that the formalities were complied with. (See, Hibberd, supra; Ramirez v. Orientalist, Co. et al.,
38 Phil. 634)

Even if the contents of the document were not specifically denied under oath, a party is not estop from
controverting it by evidence of fraud, mistake, compromise, payment, statute of limitations, estoppel, and want
of consideration. (1 Martin 301, citing Hibberd and Bough).

A party can still raise in his answer and prove at the trial that there is a mistake or imperfection in the
writing, or that it does not express the true agreement of the parties, or that the agreement is invalid or that
there is an intrinsic ambiguity in the writing provided they are put in issue by the pleadings, as they are
exceptions to the parol evidence rule (See, 2019 Rules of Evidence, Rule 130, Section 10).

This rule can be waived by failure to object to the presentation of oral evidence to prove the genuineness
and due execution of the documents (Yu Chuck v. Kong Li Po, 46 Phil. 608)

Section 9. Official document or act.- (Read)

Section 10. Specific denial. – (Important) A defendant must specify each material allegation of fact the truth of
which he or she does not admit and, whenever practicable, shall set forth the substance of the
matters upon which he or she relies to support his or her denial. Where a defendant desires to deny
only a part of an averment, he or she shall specify so much of it as is true and material and shall
deny only the remainder. Where a defendant is without knowledge or information sufficient to form
a belief as to the truth of a material averment made to the complaint, he or she shall so state, and this
shall have the effect of a denial. (10a)

- 3 types of specific denial

1. Absolute denial
2. Partial Denial
3. Disavowal of knowledge
 - Negative pregnant (Republic v. Sandiganbayan, G.R. No. 152154, July 13, 2003)

Section 11. - Allegations not specifically denied deemed admitted (Important)

- Exceptions

1. amount of unliquidated damages

2. immaterial to cause of action which includes conclusion of facts and law, inferences
3. when no answer has been filed by the defendant

Section 12. Affirmative defenses. — (Memorize)

(a) A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the
reasons set forth under Section 5(b), Rule 6, and the following grounds:

1. That the court has no jurisdiction over the person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied with.

Distinction between the two grounds for dismissal of an action: failure to state a cause of action, on the one
hand, and lack of cause of action, on the other hand. The former refers to the insufficiency of allegation in the
pleading, the latter to the insufficiency of factual basis for the action. Failure to state a cause may be raised in a
Motion to Dismiss under Rule 16, while lack of cause may be raised any time. Dismissal for failure to state a cause
can be made at the earliest stages of an action. Dismissal for lack of cause is usually made after questions of fact
have been resolved on the basis of stipulations, admissions or evidence presented. (Dabuco vs. Court of Appeals, 379
Phil. 939, 944-945 2000)

(b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.

(c) The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar days
from the filing of the answer.

(d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may
conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such affirmative
defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary
hearing.

(e) Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for
certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the
merits. (n)

Section 13. Striking out of pleading or matter contained therein. (Read)

RULE 9

EFFECT OF FAILURE TO PLEAD

Section 1. Defenses and objections not pleaded. — (Memorize) Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed waived.
 *See, Rule 6 Section 5

Exceptions:

1. lack of jurisdiction over the subject matter. (See the jurisdiction of the different courts)

2. failure to state a cause of action (See Arcilla v. CA, 215 SCRA 120; examine only the four corners of the
complaint or initiatory pleading and its allegations if all the elements of the cause of action are alleged
completely)

*elements of failure to state a cause of action

*differentiate failure to state a cause of actions from lack of cause of action

3. litis pendentia

*3 types

4. res judicata
*bar by prior judgment
*conclusiveness of judgment

5. prescription of action or statute of limitations

Prescription must be expressly relied upon in the pleadings and cannot be availed of, unless pleaded in the
answer. (Navera v. CA, 184 SCRA 584)

The presence of any of the four grounds and apparent from the allegations in the complaint or evidence
authorizes the court to motu proprio dismiss the claim.

Section 2. Compulsory counterclaim, or cross-claim, not set up barred. — (Read)

- Effect if a compulsory counterclaim is not pleaded or raised in the same action is BARRED
unless otherwise allowed by the Rules

*exceptions

- after acquired counter-claim or cross claim is not barred if not set up in the case (Section 9,
Rule 11, 2019 Rules of Civil Procedure)
- omitted through oversight, etc. (Section 10, Rule 11, 2019 Rules of Civil Procedure; See, Tiu
Po v. Bautista, G.R. No. 55514, March 17, 1981)

Section 3. Default; Declaration of. — (Important) If the defending party fails to answer within the time allowed
therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof
of such failure, declare the defending party in default. Thereupon, the court shall proceed to render
judgment granting the claimant such relief as his or her pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the
clerk of court. (Courts shall consider if there is a valid of service of summon, the defendant failed
to file an answer within reglementary period, and a motion by the plaintiff to declare the
defendant for default for the failure of the latter to file a responsive pleading)

(a) Effect of order of default. — (The defendant has no personality in the proceeding, he cannot take
part in the trial nor present evidence) however, A party in default shall be entitled to notices of
subsequent proceedings but shall not take part in the trial. (copy notices, decisions and judgments shall
 be furnished to the defendant)

(b) Relief from order of default. —(Read – important) -a party declared in default may at any time after
notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper
showing that:

- Requisites to lift order of default

File a verified motion to set aside order of default showing:

1. grounds are FAME – fraud, accident, mistake or excusable negligence

2. meritorious defense – if the defense can be determined to the testimony of the witness he
has to attach the JA of the witness the defenses or evidence the defendant is relying on.

(c) Effect of partial default. —

(d) Extent of relief to be awarded. — (Read) Limited to what has been prayed for which shall neither
exceed the amount or be different from that prayed for nor award damages

(e) Where no defaults allowed. — (Read)

Requisites for declaration of defendant in default

a) Defendant fails to file answer within the time allowed therefor;

b) Motion to declare defendant in default filed by the plaintiff; and
c) Proof of failure by the defendant to file his answer despite due notice.

The court cannot motu proprio declare a defendant in default. (See, Trajano, et al. v. Cruz, Dec. 29, 1977)

Effects of order in default – the court shall proceed to render judgment granting the plaintiff such relief as his
pleading may warrant, unless the court in its discretion requires the plaintiff to submit evidence. A party declared in
default shall be entitled to notice of subsequent proceedings but cannot take part in the trial. (Santos v. PNOC, 566
SCRA 272, 2008)

The effects of default are followed only in three instances:

1. when there is an actual default for failure to file responsive pleading;

2. failure to appear in the pre-trial conference; mediation proceedings and JDR (part of pretrial)
3. refusal to comply with the modes of discovery under the circumstance in Rule 29, Section 3(c) (Monzon
v. Sps. Relova, 565 SCRA 514, 2006)

Remedies from order in default.

1. Before judgment

a. File a motion under oath to set aside the order of default at anytime after notice thereof and before
judgment;

b. Proper showing that his failure to answer was due to FAME.

1. Fraud – extrinsic or collateral, that is, the kind which prevented the aggrieved party from having a trial or
presenting his case to the court, or was used to procure the judgment without fair submission of the controversy.
(example, the process server is a good friend of the plaintiff, colluded with the latter to make it appear
that the defendant received the summons even if he did not)
 2. Excusable negligence (not inexcusable) one which ordinary diligence and prudence could not have guarded
against. The negligence must be generally imputable to the party and not to his counsel because if it is, it is
binding on the party. otherwise it is binding on the former. (Gomex v. MOtalban, 548 SCRA 693, 2008)

3. Mistake – refers to mistake of fact and not of law which relates to the case. It does not apply to judicial error
which the trial court might have committed in the trial because it is correctible by appeal.

c. Affidavit of merit, that is, he has a meritorious defense except if the motion is grounded on the very root
of the proceedings, i. e., invalid service of summons.

2. Default discovered after judgment but before it has become final and executory

- motion for new trial under Rule 37, Section 1 (a)

3. Default discovered after the judgment has become final and executory

- petition for relief from judgment under Rule 38, Section 1

4. Appeal from the judgment rendered against him as contrary to the evidence or to the law, even if no
petition to set aside the order of default has been presented by him. (Cerezo v. Tuazon, 426 SCRA 167)

The proper remedy of a party wrongly declared in default is either to appeal from the judgment by default
or to file a petition for relief from judgment, and not certiorari. (Republic v. Sandiganbayan, 239 SCRA 529)

An order of default is an interlocutory order (remedy is a motion to set aside the order, or certiorari if
committed with grave abuse of discretion) while judgment by default is a final disposition of the case (appeal is the
remedy).

If the court sets aside the order of default, the defendant is restored to his standing and rights in the action.
However, proceedings already taken are not to be disturbed although court has the discretion to re-open the evidence
and allow the defendant to challenge the same.

No default is allowed in action for annulment or declaration of nullity of marriage, or for legal separation. The
prosecuting attorney shall conduct an investigation if there is collusion.

Important - Defendant can be validly declared in default even if he filed his answer in court but failed to
furnish a copy thereof upon the other party. (Banares v. Flordeliza, et al., 51 Phil. 786)

Defendant’s answer should be admitted where it was filed before he had been declared in default and no
prejudice could have been caused to plaintiff (Trajano v. Cruz)

Defendant defaulted is entitled to notice of execution pending appeal. (Garcia v. CA, 209 SCRA 732)

Order of default and judgment by default –

Extent of relief that may be awarded – only so much as has been alleged and proved. No unliquidated
damages shall be awarded and the judgment shall not exceed or be different in kind from that prayed for. If the
claim is not proved, the case should be dismissed. (Pascua, et al., v. Florendo, et al., April 30, 1985.)

RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general. — (Read)

Section 2. Amendments as a matter of right. — (Important) A party may amend his pleading once as a matter of
right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) calendar
days after it is served. (2a)

- Amendment is a:

* matter of right for the first time and before a responsive pleading is served (not filed)

*matter of discretion when for the second or subsequent time must be with leave of court even before
a responsive pleading is filed.

Section 3. Amendments by leave of court. — (Important) Except as provided in the next preceding Section,
substantial amendments may be made only upon leave of court. But such leave shall be refused if it
appears to the court that the motion was made with intent to delay or confer jurisdiction on the court,
or the pleading stated no cause of action from the beginning which could be amended. Orders of the
court upon the matters provided in this Section shall be made upon motion filed in court, and after notice
to the adverse party, and an opportunity to be heard. (3a)

- Substantial amendments may be made only upon leave of court if there is already an answer served
(not filed) upon the plaintiff.

- Motion should be filed and notice and hearing are required to be given upon the opposing party

- Test to determine if the amendment is substantial

*Whether the defendant is required to answer for a liability or legal obligation completely different from
that stated in the original complaint.

-When can leave of court to amend be refused?

1. intent to delay

2. to confer jurisdiction on the court

3. the pleading stated no cause of action from the beginning

*examine only the facts alleged in the complaint and no other and the court cannot consider
other matters aliunde (outside) (Manoloto v. Veloso III, 632 SCRA347, 362)

*if all the elements of the cause of action are sufficiently alleged in the complaint.

Section 4. Formal amendments. — (Read)

Section 5. No amendment necessary to conform to or authorize presentation of evidence. (Memorize) When

issues not raised by the pleadings are tried with the express or implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings. No amendment of such
pleadings deemed amended is necessary to cause them to conform to the evidence. (5a)

- Issues not raised by the pleadings are tried with the express (agreement like during the pre-trial) or
implied (failure to object) consent of the parties, they shall be treated as if they had been raised in the
pleadings.

- No amendment is necessary and the Court can validly admit and consider the evidence presented
Section 6. Supplemental pleadings. — (Read) Upon motion of a party, the court may, upon reasonable notice and
upon such terms as are just, permit him or her to serve a supplemental pleading setting forth
transactions, occurrences or events which have happened since the date of the pleading sought to be
supplemented. The adverse party may plead thereto within ten (10) calendar days from notice of the
order admitting the supplemental pleading. (6a)

When can supplemental pleading be served?

- when there were transactions, occurrences or events which have happened since the date of the
pleading sought to be supplemented.

* Take note of Rule 6, Section 10 which mentions that if the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental
complaint

Section 7. Filing of amended pleadings. — (Read)

Section 8. Effect of amended pleadings. — (Important) An amended pleading supersedes the pleading that it
amends. However, admissions in superseded pleadings may be offered in evidence against the pleader,
and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed
waived. (8a)

* Take note on judicial admissions – judicial admissions need not be proved anymore through
evidence. IF the pleading is amended, the admission becomes extra judicial admissions which may be offered
as evidence but needed to be proved by evidence like an ordinary fact to be proved.

If in the orig pleadings there are claims and defenses, and these are not incorporated in the amended
pleading, they are deemed waived.

RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

Section 1. Answer to the complaint. - (Read)

Section 2. Answer of a defendant foreign private juridical entity. – (Read)

Section 3. Answer to amended complaint. — (Important) When the plaintiff files an amended complaint as a
matter of right, the defendant shall answer the same within thirty (30) calendar days after being
served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within
fifteen (15) calendar days from notice of the order admitting the same. An answer earlier filed may
serve as the answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross- claim, amended third
(fourth, etc.)-party complaint, and amended complaint-in- intervention. (3a)

Periods within which to file answer to amended complaint

1. Amended complaint as a matter of right, that is, for the first time and defendants have not served
(not filed) an answer, defendant has 30 days to answer after being served with a copy thereof.
 2. Not a matter of right – defendant has 15 days from receipt of the order admitting the amended
complaint. (from receipt of the order from the court approving the amended complaint of the
plaintiff)

Can defendant be held in default if no answer to the amended complaints but filed answer to the
original complaint?

*NO. If no new answer to the amended complaint, the answer earlier filed may serve as answer to the
amended complaint was filed.

Section 4. Answer to counterclaim or cross-claim. – (Read)

Section 5. Answer to third (fourth, etc.)-party complaint. – (Read)

Section 6. Reply. — A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15) calendar
days from service of the pleading responded to.

- Reply is allowed only when there is an actionable document attached to the Answer

Section 7. Answer to supplemental complaint. - (Read)

Section 8. Existing counterclaim or cross-claim. (Read)

Section 9. Counterclaim or cross-claim arising after answer. - (Read)

- How to present counterclaim or cross-claim arising after answer? (Not compulsory because one of the
requisites for a compulsory counterclaim is that it should be existing already at the time of the filing of
the complaint.

* by filing a supplemental pleading with leave of court

Section 10. Omitted counterclaim or cross-claim. – (Read) When a pleader fails to set up a counterclaim or a cross-
claim through oversight, inadvertence, or excusable neglect, or when justice requires, he or she may, by
leave of court, set up the counterclaim or cross-claim by amendment before judgment. (10a)

- Exceptions to the rule that compulsory counter-claim not set up or pleaded in the Answer is barred for
as long as the amendment to the pleading shall be made before judgment.

- Note that the counterclaim is already existing at the filing of the complaint, hence, compulsory already.

Section 11. Extension of time to file an answer. - (Important)

*Take note: Only answer can be the subject of a motion for extension to file and no extension to file is
allowed for other pleading or written statements

RULE 12
BILL OF PARTICULARS

Section 1. When applied for; purpose. – (Read)

-Take note of the purpose/function of the bill of particular

* to make definite, specific and clear the allegations/statements in the complaint or initiatory pleading so
as to properly prepare for his/her responsive pleading.
Section 2. Action by the court. – (Read)

Section 3. Compliance with order. — (Read) 10 days from notice of the order approving the bill of particulars

Section 4. Effect of non-compliance. - (Read) – if the party does not comply with the bills of particular, the court
will order it striken out from the pleadings

Section 5. Stay of period to file responsive pleading. (Important)

Period to file answer/responsive pleading

*unexpired period but shall not be less than 5 days

Section 6. Bill a part of pleading. — (Read)

RULE 13

FILING AND SERVICE OF PLEADINGS,

JUDGMENTS AND OTHER PAPERS

Section 1. Coverage. — (Read) This Rule shall govern the filing of all pleadings, motions, and other court
submissions, as well as their service, except those for which a different mode of service is prescribed. (1a)

Section 2. Filing and Service, defined. (MEMORIZE) —

*Filing is the act of submitting the pleading or other paper to the court.

*Service is the act of providing a party with a copy of the pleading or any other court submission.

If a party has appeared by counsel, service upon such party shall be made upon his or her counsel, unless
service upon the party and the party’s counsel is ordered by the court.

Where one counsel appears for several parties, such counsel shall only be entitled to one copy of any paper
served by the opposite side.

Where several counsels appear for one party, such party shall be entitled to only one copy of any pleading or
paper to be served upon the lead counsel if one is designated, or upon any one of them if there is no designation of
a lead counsel. (2a)

*one counsel only for several parties – entitled to one copy

*several counsels for one party –

-the designated lead counsel

-if none, to anyone of them

Section. 3. Manner of filing. (MEMORIZE) — The filing of pleadings and other court submissions shall be made
by:

(a) Submitting personally the original thereof, plainly indicated as such, to the court; -

*Clerk shall endorse on the pleading the date and house of filing
 (b) Sending them by registered mail;

*Date of mailing, etc., and date of payment or deposit as shown by the post office stamp on the
envelope or the registry receipt is the date of filing, etc.

(c) Sending them by accredited courier; or

*Same as above

(d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in
places where the court is electronically equipped and ask the court for leave of court to ask for approval
that you will send pleadings through electronic means.

In the first case, the clerk of court shall endorse on the pleading the date and hour of filing.

In the second and third cases, the date of the mailing of motions, pleadings, and other court submissions,
and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be
considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of
the case. In the fourth case, the date of electronic transmission shall be considered as the date of filing. (3a)

Section 4. Papers required to be filed and served. – (Read) Every judgment, resolution, order, pleading subsequent
to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with
the court, and served upon the parties affected. (4)

Section 5. Modes of Service. (MEMORIZE) — Pleadings, motions, notices, orders, judgments, and other court
submissions shall be served personally or by registered mail, accredited courier, electronic mail, facsimile
transmission, other electronic means as may be authorized by the Court, or as provided for in international
conventions to which the Philippines is a party. (5a)

Section 6. Personal Service. — (MEMORIZE)Court submissions may be served by personal delivery of a copy to
the party or to the party’s counsel, or to their authorized representative named in the appropriate pleading or motion,
or by leaving it in his or her office with his or her clerk, or with a person having charge thereof. If no person is
found in his or her office, or his or her office is not known, or he or she has no office, then by leaving the copy,
between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known,
with a person of sufficient age and discretion residing therein. (6a)

*3 modes of personal service

1- personal delivery to the party or to the party’s counsel

2 –leaving a copy in his office with his clerk or incharge

3 – leaving a copy at the residence of the party or counsel with a person of sufficient age and
discretion – sufficient age – age of majority | descrition – ability to determine what is right and
wrong

Section 7. Service by mail. (Read)— Service by registered mail shall be made by depositing the copy in
the post office, in a sealed envelope, plainly addressed to the party or to the party’s counsel at his or her office, if
known, otherwise at his or her residence, if known, with postage fully pre-paid, and with instructions to the
postmaster to return the mail to the sender after ten (l0) calendar days if undelivered. If no registry service is
available in the locality of either the sender or the addressee, service may be done by ordinary mail. (7a)
Section 8. Substituted service. (Read) – If service of pleadings, motions, notices, resolutions, orders and other papers
cannot be made under the two preceding sections, the office and place of residence of the party or his or her
counsel being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of
both personal service and service by mail. The service is complete at the time of such delivery. (8a)

Section 9. Service by electronic means and facsimile. — Service by electronic means and facsimile shall be made if
the party concerned consents to such modes of service.

Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail
address, or through other electronic means of transmission as the parties may agree on, or upon direction of
the court.

Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.
(n)

*Note of the requirement of prior consent by the concerned party before service by electronic means can
be effected. This is so because the party to be served might not be electronically equipped

Section 10. Presumptive service. (IMPORTANT) — There shall be presumptive notice to a party of a court setting
if such notice appears on the records to have been mailed at least twenty (20) calendar days prior to the scheduled
date of hearing and if the addressee is from within the same judicial region of the court where the case is pending, or
at least thirty (30) calendar days if the addressee is from outside the judicial region. (n)

*Presumptive service of notice to a party

- at least 20 calendar days if the addressee is from within the same judicial region of the court
where the case is pending

- at least thirty (30) calendar days if the addressee is from outside the judicial region. (n)

Section 11. Change of electronic mail address or facsimile number. (READ)— A party who changes his or her
electronic mail address or facsimile number while the action is pending must promptly file, within five (5) calendar
days from such change, a notice of change of e-mail address or facsimile number with the court and serve the notice
on all other parties.

Service through the electronic mail address or facsimile number of a party shall be presumed valid unless such party
notifies the court of any change, as aforementioned. (n)

Section 12. Electronic mail and facsimile subject and title of pleadings and other documents. (READ) —The
subject of the electronic mail and facsimile must follow the prescribed format: case number, case title and the
pleading, order or document title. The title of each electronically-filed or served pleading or other document, and
each submission served by facsimile shall contain sufficient information to enable the court to ascertain from the
title: (a) the party or parties filing or serving the paper, (b) nature of the paper, (c) the party or parties against whom
relief, if any, is sought, and (d) the nature of the relief sought. (n)

Section 13. Service of Judgments, Final Orders or Resolutions. — Judgments, final orders, or resolutions shall be
served either personally or by registered mail. Upon ex parte motion of any party in the case, a copy of the
judgment, final order, or resolution may be delivered by accredited courier at the expense of such party. When a
party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him
or her shall be served upon him or her also by means of publication at the expense of the prevailing party. (9a)

*3 modes of service of judgments, etc. which the court can resort only

1. By personal service.
2. By registered mail.
 3. By publication for a party summoned by publication and has failed to appear in the action,
judgment , final orders or resolution.

(Note: There can be no substituted service if the papers to be served are judgments, final orders or resolutions.
Otherwise, the judgment, final order or resolution does not become final and executory.)

- A judgment or final order served by ordinary mail does not become executory since the service is fatally defective
(Vda. de Esperitu v. CFI of Cavite, et al., Oct. 31, 1972.)

Section 14. Conventional service or filing of orders, pleadings and other documents. (READ) – Notwithstanding the
foregoing, the following orders, pleadings, and other documents must be served or filed personally or by
registered mail when allowed, and shall not be served or filed electronically, unless express permission is granted
by the Court:

(a) Initiatory pleadings and initial responsive pleadings, such as an answer;

(b) Subpoenae, protection orders, and writs;

(c) Appendices and exhibits to motions, or other documents that are not readily amenable to electronic
scanning may, at the option of the party filing such, be filed and served conventionally; and

(d) Sealed and confidential documents or records. (n)

*Note – the conventional modes of filing and serving – personal and by registered mail – are to be
observed for the above-mentioned pleadings. Electronic mode is allowed only upon express permission by the Court

Section 15. Completeness of service. (READ) — Personal service is complete upon actual delivery. Service by
ordinary mail is complete upon the expiration of ten (10) calendar days after mailing, unless the court otherwise
provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) calendar days
from the date he or she received the first notice of the postmaster, whichever date is earlier. Service by accredited
courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to deliver by the courier
service, or upon the expiration of five (5) calendar days after the first attempt to deliver, whichever is earlier.

Electronic service is complete (1) at the time of the electronic transmission of the document, or when available,
(2) at the time that the electronic notification of service of the document is sent. Electronic service is not
effective or complete if the party serving the document learns that it did not reach the addressee or person to
be served.

Service by facsimile transmission is complete upon receipt by the other party, as indicated in the facsimile
transmission printout. (10a)

*Note that this section speaks of service, that is, the act of furnishing a copy of a pleading or written
statement upon the other party which is different from filing.

Section 16. Proof of filing. (READ) — The filing of a pleading or any other court submission shall be proved by its
existence in the record of the case.

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

(b)  If the pleading or any other court submission was filed by registered mail, the filing shall be proven by
the registry receipt and by the affidavit of the person who mailed it, containing a full statement of the date and
place of deposit of the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid,
and with instructions to the postmaster to return the mail to the sender after ten (10) calendar days if not delivered.
 (c)  If the pleading or any other court submission was filed through an accredited courier service, the
filing shall be proven by an affidavit of service of the person who brought the pleading or other document to the
service provider, together with the courier’s official receipt and document tracking number.

(d)  If the pleading or any other court submission was filed by electronic mail, the same shall be proven by
an affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other
document transmitted or a written or stamped acknowledgment of its filing by the clerk of court. If the paper
copy sent by electronic mail was filed by registered mail, paragraph (b) of this Section applies.

(e) If the pleading or any other court submission was filed through other authorized electronic means, the
same shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of the electronic
acknowledgment of its filing by the court. (12a)

Section 17. Proof of service. (READ) –— Proof of personal service shall consist of a written admission of the party
served, or the official return of the server, or the affidavit of the party serving, containing a statement of the date,
place, and manner of service. If the service is made by:

. (a)  Ordinary mail. – Proof shall consist of an affidavit of the person mailing stating the facts showing compliance
with Section 7 of this Rule.

. (b)  Registered mail. – Proof shall be made by the affidavit mentioned above and the registry receipt issued by the
mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu
thereof, the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster
to the addressee.

. (c)  Accredited courier service. – Proof shall be made by an affidavit of service executed by the person who
brought the pleading or paper to the service provider, together with the courier’s official receipt or
document tracking number.

. (d)  Electronic mail, facsimile, or other authorized electronic means of transmission. – Proof shall be made by an
affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission,
together with a printed proof of transmittal. (13a)

Section 18. Court-issued orders and other documents. (READ) — The court may electronically serve orders and
other documents to all the parties in the case which shall have the same effect and validity as provided herein. A
paper copy of the order or other document electronically served shall be retained and attached to the record of the
case. (n)

Section 19. Notice of lis pendens. (READ) –—

a. The action shall affect the title or the right of possession of real party
b. Both the plaintiff and the defendant if an affirmative relief is claimed in his answer
c. Record a notice of lis pendens with the registry of deeds of the province where the property is situated
d. From then on the purchaser or encumbrancer are deemed to have constructive notice of the pendency of the
action
e. Can be cancelled only upon order of the court:

1. Upon showing that the notice is for the purpose of molesting he adverse party.
2. Not necessary to protect the rights of the party who caused it to be recorder.

*It cannot be ordered cancelled on an ex-parte motion.

*The ground to cancel the notice of lis pendens are exclusive. Thus, it cannot be ordered cancelled by mere
filing of a bond.
 RULE 14
SUMMONS
T.N. This is different from Rule 13 (Service of pleadings, etc.

*IMPORTANT – this is the mode of acquiring jurisdiction over the person of the defendant.

*the writ by which the defendant is notified of the action brought against him.

*issuance of summons is not discretionary on the part of the court or clerk of court but is mandatory requirement.

Summons is a writ by which the defendant is notified of the action brought against him or her. In a civil
action, the service of summons is the means by which the court acquires jurisdiction over the person of the
defendant. Any judgment without such service, in the absence of a valid waiver, is null and void.

Purpose of summons: for the court to acquire jurisdiction over the person of the defendant and to notify the
defendant of the case filed against him.

Two kinds of summons:

1. Original Summons – the writ issued by the clerk of court upon receipt of the complaint and the
payment of the requisite docket and other lawful fees by which the defendant is notified of the action
brought against him and requiring him to file his responsive pleading within the period prescribed by
the rules

2. Alias summons – writ issued by the clerk of court when the original summons has been lost or not
duly served without fault on the part of the plaintiff

Section 1. Clerk to issue summons. (READ) — Unless the complaint is on its face dismissible under Section 1,
Rule 9, the court shall, within five (5) calendar days from receipt of the initiatory pleading and proof of payment of
the requisite legal fees, direct the clerk of court to issue the corresponding summons to the defendants. (1a)

*NOTE– the Court need not issue summons upon the defendants if on the face of the complaint or
initiatory pleading if it appears from the allegations therein that there are grounds to dismiss the case under Rule 9,
Section 1. If there is none, then the Court has to issue summons within 5 calendar days fro receipt of the initiatory
pleading.

Section 2. Contents. (READ)

Section 3. By whom served. (READ) —

1. sheriff
2. deputy, or other proper court officer,
3. plaintiff together with the sheriff in case of failure of service of summons by them upon authority by
the court.

*The enumeration is exclusive and if not serve by among those, the service was invalid and the court did
not acquire jurisdiction over the defendant.

*Summons to be served outside the judicial region of the court

- plaintiff shall be authorized to cause the service of summons.

- plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized representative
therein, attaching a board resolution or secretary’s certificate thereto to serve the summons on behalf of the plaintiff.
 *Effects of misrepresentation by the plaintiff

- the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be
meted appropriate sanctions.

*If summons is returned without being served, other modes of service and failure to comply by the plaintiff
shall cause the dismissal of the initiatory pleading without prejudice. (3a)

Section 4. Validity of summons and issuance of alias summons (READ)—

*Summons shall remain valid until duly served unless recalled by the court.

*Alias summons only if the same was destroyed.

*Failure of service - after unsuccessful attempts to personally serve the summons on the defendant in his
or her address indicated in the complaint.

Section 5. Service in person on defendant. (MEMORIZE)— Whenever practicable, the summons shall be served
by handing a copy thereof to the defendant in person and informing the defendant that he or she is being served, or,
if he or she refuses to receive and sign for it, by leaving the summons within the view and in the presence of the
defendant. (6a)

*The correct term is SERVICE IN PERSON and not personal service

*Note: Compare this with Rule 13, Section 6 – Service in persons of pleadings, notices, orders, etc.,
wherein there are 3 modes of personal service unlike in this Rule and Section that there are only 2 modes.

Section 6. Substituted service. (MEMORIZE) — If, for justifiable causes, the defendant cannot be served
personally after at least three (3) attempts on two (2) different dates, service may be effected:

(a) By leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age and
of sufficient discretion residing therein;

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

(c)  By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, w ith
any of the officers of the homeowners’ association or condominium corporation, or its chief security officer in
charge of the community or the building where the defendant may be found; and

(d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court. (7a)

The evidence on record, specifically the Sheriff’s Report, indubitably shows that the established
jurisprudential doctrine on the prerequisites for valid substituted service as not observed, i.e., for substituted service
of summons to be available, there must be several attempts by the sheriff. Which means at least 3 tries, preferably on
at least 2 different dates.

It is crystal clear that there were no several attempts made to effect personal service in the instant case; as
correctly found out by the court a quo, there was only a single day’s effort to personally serve summons upon
therein defendants. (United Coconut Planters Bank v. Sps. Alison Ang-Sy and Guillermo Sy, et al., G.R. No. 204753,
March 27, 2019)

Failure to faithfully comply with the requirements of substituted service renders the service ineffective.
(Miranda v. CA, 326 SCRA 278)
 There was a proper substituted service of summons when the personal service of summons was made
impossible by the acts of the respondent in refusing to reveal his whereabouts, and by the act of his brother in
claiming that respondent no longer lived at 36 Sampaguita St., yet failing to disclose his brother’s location. (Sagana
v. Francisco, G. R. No. 161952, October 2, 2009)

*Modes of service of summons

a. Service in person – (Sec 5) compare this with Section 6, Rule 13 on service of pleadings
b. Substituted (Sec. 6) – Take note of the requisites before this mode can be resorted to – at least 3
attempts on 2 different occasions – compare this with Section 8, Rule 13 on service of pleadings.

c. Publication

1. Sec. 16 – Unknown defendant or whose whereabouts is unknown

2. Sec. 17 - Extraterritorial service is proper only (Requisites )–

3. Sec. 18 – Residents temporarily out of the country

When the defendant’s whereabouts are unknown, the rules allow service of summons by publication. As an
exception to the preferred mode of personal service, service of summons by publication may only be resorted to
when the whereabouts of the defendant are not only unknown, but cannot be ascertained by diligent inquiry. The
diligence requirement means that there must be prior resort to personal service under Section 7 and substituted
service under Section 8 and proof that these modes were ineffective before summons by publication may be
allowed. This mode also requires the plaintiff to file a written motion for leave of court to effect service of summons
by publication, supported by affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the
application. (Express Padala [Italia] S.P.A. now BDO Remittance [Italia] S.P.A. v. Helen Ocampo, G.R. No.
202505, September 6, 2017)

Section 7. Service upon entity without juridical personality. (READ)— service may be effected upon : 1. All the
defendants by serving upon any of them; 2. Upon the person incharge of the office or place of business maintained
in such name.

Section 8. Service upon prisoners. (READ) — service shall be effected upon him or her by the officer having the
management of such jail or institution who is deemed as a special sheriff for said purpose; the jail warden shall file a
return within five calendar days from service of summons.

Section 9. Service consistent with international conventions. — Service may be made through methods which are
consistent with established international conventions to which the Philippines is a party. (n)

Section 10. Service upon minors and incompetents. (READ) — When the defendant is a minor, insane or
otherwise an incompetent person, service of summons shall be made upon him or her personally and on his or
her legal guardian if he or she has one, or if none, upon his or her guardian ad litem whose appointment shall be
applied for by the plaintiff. In the case of a minor, service shall be made on his or her parent or guardian. (10a)

Section 11. Service upon spouses. (IMPORTANT)— When spouses are sued jointly, service of summons should
be made to each spouse individually. (n)

Section 12. Service upon domestic private juridical entity. (MEMORIZE)—

A corporation, etc. organized under the laws of the Phils. and has juridical personality, service shall be upon:

1. President
2. Managing partner
 3. General manager – not just manager
4. Corporate secretary – not just secretary
5. Treasurer – not cashier
6. In-house counsel – who is an employee of the corporation as distinguished from an independent counsel
7. In their absence or unavailability, on their secretaries

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who
customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be
made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least
three attempts on two different dates, service may be made electronically, if allowed by the court, as
provided under Section 6 (Substituted Service)

The enumeration is exclusive and service shall be made only upon the aforenamed, otherwise no valid and the
court did not acquire jurisdiction over he defendant. (E. B. Villarosa & partner v. Benito, G.R. No. 136426, Aug. 6,
1999; Mason v. CA, et al., Oct. 13, 2003)

In case of a domestic juridical entity, the service of summons must be made upon the officer who is named in
the statute, otherwise, the service is insufficient. (B.D. Longspan Builders, Inc., v. R.S. Ampeloquio Realty
Development, Inc., G.R. No. 169919, September 11, 2009)

*Take note - wherever they may be found

8. in their absence or unavailability, on their secretaries.

*Take note – it does not provide “wherever the secretaries may be found”

9. upon the person who customarily receives the correspondence for the defendant at its principal office

10. domestic juridical entity is under receivership or liquidation, service of summons shall be made on the
receiver or liquidator

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least
three (3) attempts on two (2) different dates, service may be made electronically, if allowed by the court, as
provided under Section 6 of this Rule

Section 13. Duty of counsel of record. (MEMORIZE) — Where the summons is improperly served and a lawyer
makes a special appearance on behalf of the defendant to, among others, question the validity of service of
summons, the counsel shall be deputized by the court to serve summons on his or her client. (n)

Note: In case of improper service of summons and counsel appears by way of special appearance
questioning the validity of the service, the counsel shall be deputized by the court to serve summons on his or
her client.

Section 14. Service upon foreign private juridical entities. (READ) — When the defendant is a foreign private
juridical entity which has transacted or is doing business in the Philippines, as defined by law, service may be
made on its (1) resident agent designated in accordance with law for that purpose, or, if there be no such agent,
on (2) the government official designated by law to that effect, or on (3) any of its officers, agents, directors or
trustees within the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has
transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected outside
of the Philippines through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign country with the assistance of the
department of foreign affairs;

(b)  By publication once in a newspaper of general circulation in the country where the defendant may be found and
by serving a copy of the summons and the court order by registered mail at the last known address of the defendant;

(c)  By facsimile;

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

(e)  By such other means as the court, in its discretion, may direct. (12a)

*Take note of the 2 types of foreign private juridical entities:

1. has transacted or is doing business in the Philippines as defined by law – summons can be served
upon the above-mentioned 3 persons

2. not registered in the Philippines, or has no resident agent but has transacted or is doing business
in it, as defined by law – 5 modes of service of summons

When a foreign corporation has designated a person to receive summons in its behalf pursuant to the
Corporation Code, that designation is exclusive and service of summons on any other person is inefficacious. ( H.B.
Zachry Company International v.CA, 232 SCRA 329)

The failure to strictly comply correctly with the requirements of the rules regarding the e-mailing of copies
of the summons and the order for its publications is a fatal defect in the service of summons. (Rosalino P. Acance, et
al., v. CA, G.R. No. 159699, March 16m 2005)

Section 15. Service upon public corporations. (READ) —

Section 16. Service upon defendant whose identity or whereabouts are unknown. (IMPORTANT)— In any
action where the defendant is designated as an unknown owner, or the like, or whenever his or her whereabouts are
unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar days from the commencement of
the action, service may, by leave of court, be effected upon him or her by publication in a newspaper of general
circulation and in such places and for such time as the court may order.

Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days
after notice, within which the defendant must answer. (14a)

In Santos v. PNOC Exploration, the Court authorized resort to service of summons by publication even in
actions in personam, considering that the provision itself allow this mode in any action, i.e., whether the action is in
personam, in rem, or quasi in rem. The ruling notwithstanding, there must be prior resort to service in person on
the defendant and substituted service, and proof that service by these modes were ineffective before service by
publication may be allowed for defendants whose whereabouts are unknown, considering that Sec. 14, Rule 14, of
the Rules of Court requires a diligent inquiry of the defendant’s whereabouts. (Pablo Pua v. JD Grains Center et al.,
G.R. No. 173336, November 26, 2012)

1. unknown defendants – service by publication at once can be resorted

2. known defendants but unknown whereabouts – prior resort to service in person and substituted
service and proof of such service before service by publication can be effected

Section 17. Extraterritorial service. (MEMORIZE AND VERY IMPORTANT)— When the defendant does not
reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or
the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual
or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any
interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of
court, be effected out of the Philippines by personal service as under Section 6; or as provided for in international
conventions to which the Philippines is a party; or by publication in a newspaper of general circulation in such
places and for such time as the court may order, in which case a copy of the summons and order of the court shall be
sent by registered mail to the last known address of the defendant, or in any other manner the court may deem
sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60)
calendar days after notice, within which the defendant must answer. (15a)

*Assigned case for reading and reporting - Heirs of Ernesto Morales v. Astrid Morales Agustin, June 6, 2018

*Take note of the requisites:

- non-resident
- not found in the Phils
- nature of the action

T.N. When it is personal action, extraterritorial service of summons cannot be availed of. Thus, only personal and
substituted service is necessary to confer jurisdiction on the court. (Kawasaki Port Service Cortp., et al., v. Amores,
et al., G.R. No. 58340, July 16, 1991)

a. Action affects the personal status of the plaintiff

b. The subject is the property within the Philippines in which the defendant has claim or liens
c. The relief demanded consist in excluding the defendant from any interest therein
d. That the property of the defendant has been attached within the Phils.

Requisite: Leave of court

a. Service effected out of the Phils. by personal service

b. Publication in a newspaper of general circulation (even local newspaper, Sahagun v. CA, et al,
June 3, 1991) in such places and for time as the court may order. Copies of the summons and
order shall be sent to the last known address of the defendant by registered mail as complement.

Since the action involved in the case is in personam and since the defendant, petitioner Rothschild/Investec,
does not reside and is not found in the Philippines, the Philippine Courts cannot try any case against it because of the
impossibility of acquiring jurisdiction over its person unless it voluntarily appears in court. (NM Rothschid and Sons
[Australia] Limited v. Lepanto Consolidated Mining Company, G.R. No. 175799, November 28, 2011)

Section 18. Residents temporarily out of the Philippines. (IMPORTANT) — When any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by
leave of court, be also effected out of the Philippines, as under the preceding Section. (16a)

Asiavest Limited v. CA, et al.,– matters of procedure, such as service of summons, are governed by the lex
loci, in this case, Hong Kong. There being no proof on this score, under the rule on processual presumption the same
are deemed to be the same as Philippine law. In the present case, such summons served on a nonresident defendant
in an action in personam is not valid since extraterritorial service of summons on nonresidents is allowed only in the
instances provided under Section 17, Rule 14. Service being invalid, the Hong Kong judgments cannot be given
effect here, no jurisdiction having been acquired over the defendant.

Personal action in personam - personal or substituted service of summons on defendants, not

extraterritorial service, is necessary to confer jurisdiction on the court over the defendant.

Ex. Injunction (Kawasaki Port Services v. Amores, July 16, 1991) – for reporting
Section 19. Leave of court. (IMPORTANT) — Any application to the court under this Rule for leave to effect
service in any manner for which leave of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application. (17a)

Section 20. Return. — Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt
thereof, the sheriff or process server, or person authorized by the court, shall complete its service. Within five (5)
calendar days from service of summons, the server shall file with the court and serve a copy of the return to the
plaintiff’s counsel, personally, by registered mail, or by electronic means authorized by the Rules.

*Should substituted service have been effected, the return shall state the following: (IMPORTANT
matters to be stated in the return; detailed requisites)

(1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue
and receipt of summons;

(2) The date and time of the three (3) attempts on at least (2) two different dates to cause personal service
and the details of the inquiries made to locate the defendant residing thereat; (specific details in the return) and

(3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing
thereat, name of competent person in charge of the defendant’s office or regular place of business, or name of
the officer of the homeowners’ association or condominium corporation or its chief security officer in charge
of the community or building where the defendant may be found. (4a)

Section 21. Proof of service. — (READ) The proof of service of a summons shall be made in writing by the server
and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the
process and the name of the person who received the same; and shall be sworn to when made by a person other than
a sheriff or his or her deputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as served, and
the affidavit of the person mailing, shall constitute as proof of service. (18a)

Section 22. Proof of service by publication. — (READ) If the service has been made by publication, service may
be proved by the affidavit of the publisher, editor, business or advertising manager, to which affidavit a copy of the
publication shall be attached and by an affidavit showing the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to the defendant by registered mail to his or her last known
address. (19a)

Section 23. Voluntary appearance. (MEMORIZE) — 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. (20a)

*Take note of Section 13 – Court may deputize the counsel who makes a special appearance questioning
improper service of summons by deputizing said counsel.

A voluntary appearance is a waiver of the necessity of a formal notice. An appearance in whatever form,
without explicitly objecting to the jurisdiction of the court over the person is a submission to the jurisdiction of the
court over the person. Xxx. When the appearance if by motion objecting to the jurisdiction of the cour over his
person, it must be for the sole and separate purpose of objecting to the jurisdiction of the court. If his motion is for
any other purpose than to object to the jurisdiction of the court over his person, he thereby submits himself to the
jurisdiction of the court. (Ofelia Herrera-Felix v. CA, et al., G.R. No. 143736, August 11, 2004)

Filing a Motion for Extension of Time (Carson Realty and Management Corporation v. Red Robin Security
Agency, et al., G.R. No. 225035, February 8, 2017) and filing a motion to set aside order of default and motion to
admit answer (Planters Development Bank v. Julie Chandumal, G.R. No. 19561905, September 2012) are
tantamount to voluntary appearance and submission to the jurisdiction of the Court.

Special appearance to challenge jurisdiction of the court (French Oil Mill Machinery, Inc. v. CA, G.R. No.
126477, September 11, 1998 as cited in JAPRL Development Corp. v. Security Bank Corp., G.R. no. 190107, June 6,
2011) and appearance in court challenging the jurisdiction thereof based on the ground of invalid service of
summons (Go v. Cordero, G.R. No. 164703, May 4, 2010) are not voluntary appearance.

RULE 15
MOTIONS

Section 1. Motion defined. – (READ) A motion is an application for relief other than by a pleading. (1)

Section 2. Motions must be in writing. – (READ) All motions shall be in writing except those made in open court
or in the course of a hearing or trial.

A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court,
after the adverse party is given the opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions
presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral
testimony or depositions. (2a)

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

[Section 4. Hearing of motion. — Deleted] (No more hearing of motion)

Section 4. Non-litigious motions. — Motions which the court may act upon without prejudicing the rights of
adverse parties are non-litigious motions. These motions include:

a)  Motion for the issuance of an alias summons;

b)  Motion for extension to file answer;
c)  Motion for postponement;
d)  Motion for the issuance of a writ of execution;
e)  Motion for the issuance of an alias writ of execution;
f)  Motion for the issuance of a writ of possession;
g)  Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
h) Other similar motions.

*Important - These motions shall not be set for hearing and shall be resolved by the court within five
(5) calendar days from receipt thereof. (n)

Section 5. Litigious motions. — (IMPORTANT) (a) Litigious motions include:

1) Motion for bill of particulars;

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

(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic
means so as to ensure their receipt by the other party.

(c) The opposing party shall file his or her opposition to a litigious motion within Five (5) calendar days from
receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.

*IMPORTANT! The motion shall be resolved by the court within fifteen (15) calendar days from its receipt
of the opposition thereto, or upon expiration of the period to file such opposition. (n)

Section. 6. Notice of hearing on litigious motions; discretionary. — (IMPORTANT) The court may, in the
exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of
hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing. (5a)

Section 7. Proof of service necessary. — (IMPORTANT) No written motion shall be acted upon by without proof
of service thereof, pursuant to Section 5(b) hereof. (6a)

Section 8. Motion day. — (READ) Except for motions requiring immediate action, where the court decides to
conduct hearing on a litigious motion, the same shall be set on a
Friday. (7a)

Section 9. Omnibus motion. — (MEMORIZE) Subject to the provisions of Section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections
not so included shall be deemed waived. (8a)

Section 10. Motion for leave. — (READ) A motion for leave to file a pleading or motion shall be accompanied by
the pleading or motion sought to be admitted. (9)

Section 11. Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption,
designation, signature, and other matters of form. (10)

Section. 12. Prohibited motions. — (MEMORIZE) The following motions shall not be allowed:
(a)  Motion to dismiss except on the following grounds:
1)  That the court has no jurisdiction over the subject matter of the claim;
2)  That there is another action pending between the same parties for the same cause; and
3)  That the cause of action is barred by a prior judgment or by the statute of limitations;
(b)  Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court’s action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher
court;
(e)  Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for
extension to file an answer as provided by Section 11, Rule 11; and
. (f)  Motion for postponement intended for delay, except if it is based on acts of God, force majeure or
physical inability of the witness to appear and testify. If the motion is granted based on such
exceptions, the moving party shall be warned that the presentation of its evidence must still be
terminated on the dates previously agreed upon.
.
A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original
official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section
21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date.
The clerk of court shall not accept the motion unless accompanied by the
original receipt. (n)

Section. 13. Dismissal with prejudice. — (IMPORTANT) Subject to the right of appeal, an order granting a
motion to dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute of
limitations; that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or
otherwise extinguished; or that the claim on which the action is founded is unenforceable under the provisions of the
statute of frauds, shall bar the refiling of the same action or claim. (5, R16)

RULE 17
DISMISSAL OF ACTIONS

Section 1. Dismissal upon notice by plaintiff. (IMPORTANT) — A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon
such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice,
the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a
plaintiff who has once dismissed in a competent court an action based on or including the same claim. (1)

When a complaint is dismissed a second time, the plaintiff is now

Two dismissal rule-
barred from seeking relief on the same claim
Section 2. Dismissal upon motion of plaintiff. — (IMPORTANT) Except as provided in the preceding section, a
complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and
conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon
him or her of the plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall
be without prejudice to the right of the defendant to prosecute his or her counterclaim in a separate action unless
within fifteen (15) calendar days from notice of the motion he or she manifests his or her preference to have his or
her counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under this
paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the
court. (2a)

Section 3. Dismissal due to fault of plaintiff. — (IMPORTANT) If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or her
action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint
may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the
defendant to prosecute his or her counterclaim in the same or in a separate action. This dismissal shall have the
effect of an adjudication upon the merits, unless otherwise declared by the court. (3a)

*Sections 1, 2 and 3 are instances when an action is dismissed on account of plaintiff’s fault or instance.

Section 4. Dismissal of counterclaim, cross-claim, or third-party complaint. — (IMPORTANT) The provisions of

this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary
dismissal by the claimant by notice as in Section 1 of this Rule, shall be made before a responsive pleading or a
motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or
hearing. (4)

*Only the complaint is dismissed. The counter claim already pleaded will proceed either in the same case
or in a different action.
 RULE 18
PRE-TRIAL

Section 1. When conducted. — (READ) After the last responsive pleading has been served and filed, the branch
clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later
than sixty (60) calendar days from the filing of the last responsive pleading. (1a)

Section. 2. Nature and Purpose. — (READ) The pre-trial is mandatory and should be terminated promptly. The
court shall consider:

(a)  The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;

(b)  The simplification of the issues;

(c)  The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary
proof;

(d)The limitation of the number and identification of witnesses and the setting of trial dates;

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

(f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action
should a valid ground therefor be found to exist;

(g) The requirement for the parties to:

1. Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;

2. Examine and make comparisons of the adverse parties' evidence vis-a- vis the copies to be
marked;

3. Manifest for the record stipulations regarding the faithfulness of the reproductions and the
genuineness and due execution of the adverse parties' evidence;

4. Reserve evidence not available at the pre-trial, but only in the following manner:

i. For testimonial evidence, by giving the name or position and the nature of the
testimony of the proposed witness;

ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence.

No reservation shall be allowed if not made in the manner described above.

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

The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall
result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and
due execution.
 The failure without just cause of a party and/or counsel to bring the evidence required shall be
deemed a waiver of the presentation of such evidence.

The branch clerk of court shall prepare the minutes of the pre-trial, which shall have the following format:
(See prescribed form) (2a)

Section. 3. Notice of pre-trial. — (IMPORTANT) 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.

The notice of pre-trial shall be served on counsel, or on the party if he or she has no counsel. The
counsel served with such notice is charged with the duty of notifying the party represented by him or her.

Non-appearance at any of the foregoing settings shall be deemed as non- appearance at the pre-trial
and shall merit the same sanctions under Section 5 hereof. (3a)

Take Note!

*Only the counsel shall be served with the notice of pre-trial. The party will not be served with such notice.
The counsel has to obligation to notify his client.

*Notice of pre-trial will be served upon the party only if the latter has no counsel.

Section 4. Appearance of Parties. — (READ) It shall be the duty of the parties and their counsel to appear at the
pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary. The non-appearance of a party and
counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party, but must be fully authorized in writing to enter into an
amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or
admissions of facts and documents.

*Both the parties and their counsel are obliged to appear at the pre-trial, CAM and JDR; the 2 proceedings
are part of the pre-trial

*Non-appearance is excused only based on the three grounds:

1.) acts of God

2.) force majeure

3.) duly substantiated physical inability – usually supported by a verified medical certificate.

*In case a representative appears for and in behalf of a party, the former must be fully authorized in writing
(written authority is usually in the form of a special power of attorney) which authorizes him (1) to enter into
amicable settlement, (2) to submit to alternative modes of dispute resolution, (3) and to enter into stipulations
or admissions of facts and document

CASE:

*Written special authority to his agent – authorized in writing to enter into amicable settlement, to
submit to alternative modes of dispute resolution, and to enter into stipulation or admission of facts and documents.
(Phil. Pryce Assurance Corp. v. CA, 230 SCRA 164)
Section. 5. Effect of failure to appear. — (MEMORIZE) When duly notified, the failure of the plaintiff and
counsel to appear without valid cause when so required, pursuant to the next preceding Section, shall cause the
dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar
failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex-
parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of
the evidence offered. (5a)

*Take note of the two important things to remember so that the adverse effects of non-appearance can be
enforced

1. the party and counsel must be duly notified

2. they failed to appear without valid cause

*IMPORTANT – the two consequences for non-appearance as provided above

1. Plaintiff and counsel – dismissal of the case with prejudice unless the court so provides otherwise

2. Defendant and counsel – allowance of the plaintiff to present his or her evidence ex-parte

Section 6. Pre-trial brief. — The parties shall file with the court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) calendar days before the date of the pre-trial, their respective pre-
trial briefs which shall contain, among others:

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

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

(c)  The main factual and legal issues to be tried or resolved;

(d)  The propriety of referral of factual issues to commissioners;

(e)  The documents or other object evidence to be marked, stating the purpose thereof;

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

(g)  A brief statement of points of law and citation of authorities.

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

Section 7. Pre-Trial Order. — Upon termination of the pre-trial, the court shall issue an order within ten (10)
calendar days which shall recite in detail the matters taken up. The order shall include:

(a) An enumeration of the admitted facts;

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

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

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

(e)  The evidence marked;

(f)  The specific trial dates for continuous trial, which shall be within the period provided by the Rules;
 (g) The case flowchart to be determined by the court, which shall contain the different stages of the
proceedings up to the promulgation of the decision and the use of time frames for each stage in setting the
trial dates;

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

(i)  A statement that the court shall render judgment on the pleadings or summary judgment, as the case
may be.

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 God, force majeure or duly substantiated physical inability of the witness to appear and testify. The
party who caused the postponement is warned that the presentation of its evidence must still be terminated
within the remaining dates previously agreed upon.

Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation
of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose
objection and conduct cross-examination.

The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to prevent
manifest injustice. (7a)

*Although paragraph 2 mentions only of the plaintiff, under Section 6 (b), Rule 7 of the 2019 Rules of
Civil Procedure, it is required that the judicial affidavits of the witness shall be attached to the pleading and form
and integral part thereof and only witnesses whose judicial affidavits are attached to the pleading shall be presented
by the parties during trial, and under Section 2 (1) of the Judicial Affidavit Rule, it is provided that the judicial
affidavits of their witnesses shall take the place of their direct testimonies.

Section 8. Court-Annexed Mediation. — (READ) After pre-trial and, after issues are joined, the court shall refer
the parties for mandatory court-annexed mediation.

The period for court-annexed mediation shall not exceed thirty (30) calendar days without further extension. (n)

CASE:

CAM is part of the pre-trial conference and is mandatory. (Fiesta World Mall Corp. v. Lindbergh
Philippines, Inc., G.R. No. 152471, August 18, 2006)

Section 9. Judicial Dispute Resolution. —(READ) Only if the judge of the court to which the case was originally
raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute
resolution. The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar
days from notice of failure of the court-annexed mediation.

If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon.

All proceedings during the court-annexed mediation and the judicial dispute resolution shall be confidential. (n)

*Order of the proceedings

1. Pre-trial shall be conducted which is mandatory

2. CAM will follow which is mandatory. It is conducted by the accredited mediators of the
Philippine Mediation Center. – if successful, court renders decision based on compromise

3. JDR is not mandatory and only discretionary. The judge of the court to which the case was
originally raffled will refer the case for JDR only if he/she is convinced that settlement is possible, otherwise, trial
shall proceed already.

Section. 10. Judgment after pre-trial. — (VERY IMPORTANT) Should there be no more controverted facts, or no
more genuine issue as to any material fact, or an absence of any issue, or should the answer fail to tender an issue ,
the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary
judgment under Rule 35, motu proprio include in the pre-trial order that the case be submitted for summary
judgment or judgment on the pleadings, without need of position papers or memoranda. In such cases, judgment
shall be rendered within ninety (90) calendar days from termination of the pre-trial.

The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to appeal
or certiorari. (n)

*Instances when the case will be declared submitted for decision after pre-trial and no trial will be
conducted anymore

1. no more controverted facts - judicial admissions (a) formal – pleadings and written statements; and
(b) informal – made during the proceedings or trial

2. no more genuine issue as to any material fact

3. absence of any issue

4. should the answer fail to tender an issue

*A genuine issue is an issue of fact which requires the presentation of evidence. When the facts, as
pleaded, appear uncontested or undisputed, then there is no real or genuine issue as to the facts and summary is
called for. The party who moves for summary judgment has the burden of demonstrating clearly the absence of any
genuine issue of fact, or that the issue posed in the complaint is patently unsubstantial so as not to constitute a
genuine issue for trial. When the facts as pleaded by the parties are disputed or contested, proceedings for summary
judgment cannot take the place of trial. (Phil. Bank of Communication v. Go, 642 SCRA 693; Smart
Communications, Inc. v. Aldecoa, G.R. No. 166330, September 11, 2013.)

*Answer fails to tender an issue if it does not comply with the requirements of a specific denial under
oath as set out in Secs. 8 and 10, Rule 8 of the Rules of Court, resulting in the admission of the material allegations
of the adverse party’s pleading. As such, it is a judgment that is exclusively based on the submitted pleading,
without the introduction of evidence as the factual issue remain uncontroverted. (GSIS v. Prudential Guarantee and
Assurance, Inc. G.R. No. 165585, November 20, 2013)

Note: Under the last paragraph, it is only the ORDER itself (NOT THE DECISION) which cannot be the
subject of appeal or certiorari. The decision on the case can be the subject of appeal or certiorari.

RULE 19
INTERVENTION
Section 1. Who may intervene. — (IMPORTANT) A person who has a legal interest in the matter in litigation, or
in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a
distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of
court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly
delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor’s rights
may be fully protected in a separate proceeding. (1)

*Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a
litigant therein for a certain purpose; to enable the third party to protect or preserve a right or interest that may be
affected by those proceedings (Republic v. Sereno, G.R. No. 237428, May 11, 2018)

*Two requisites to allow intervention:

1. the movant has legal interest or is otherwise qualified; and

2. the intervention will not unduly delay or prejudice the adjudication of rights of the original parties and if
the intervenor’s rights may be protected in a separate proceedings. (Metropolitan Bank and Trust Company v.
International Exchange Bank, G.R. No. 17008, august 10, 2011)

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

*Movant may file a motion for intervention at anytime before rendition of judgment attaching thereto a
pleading in intervention unless the movant is an indispensable party in which case the court may allow intervention
after rendition of judgment. (Neptune Metal Scrap Recycling, Inc. v. Manila Electric Company and the People of the
Philippines, G.R. No. 204222, July 4, 2016; Quinto, et al. v. COMELEC, G.R. No. 189698, February 22, 2010;
Navy Officer’s Village Association, Inc., v. Republic of the Philippines, G.R. No. 177168, August 3, 2015)

Section 3. Pleadings-in-intervention. — (READ) The intervenor shall file a complaint-in- intervention if he or she
asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the
defending party in resisting a claim against the latter. (3a)

*Motion for Intervention is a prohibited pleading under Section 19 (1) of the Rules on Summary Procedure;
Section 14 (1) of the Revised Rules on Small Claims; and under the Rules on the Writ of Amparo and Rules on
Habeas Data

*Motion for Intervention is allowed under Section 1, Rule 2, Part 1of the Rules on Environmental Cases

Section 4. Answer to complaint-in-intervention. — (READ) The answer to the complaint- in-intervention shall be
filed within fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed
by the court. (4a)

RULE 20
CALENDAR OF CASES

Section 1. Calendar of cases. — The clerk of court, under the direct supervision of the judge, shall keep a calendar
of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for
hearing. Preference shall be given to habeas corpus cases, election, cases, special civil actions, and those so required
by law. (1)

Section 2. Assignment of cases. — The assignment of cases to the different branches of a court shall be done
exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to
afford interested parties the opportunity to be present. (2)

RULE 21
SUBPOENA

Section 1. Subpoena and subpoena duces tecum. — Subpoena is a process directed to a person requiring him or her
to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent
authority, or for the taking of his or her deposition. It may also require him or her to bring with him or her any
books, documents, or other things under his or her control, in which case it is called a subpoena duces tecum. (1a)
Section 2. By whom issued. — The subpoena may be issued by -

(a) The court before whom the witness is required to attend; (b) The court of the place where the deposition is to be
taken;

(c) The officer or body authorized by law to do so in connection with investigations conducted by said officer or
body; or

(d) Any Justice of the Supreme Court or the Court of Appeals in any case or investigation pending within the
Philippines.

When an application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully
such application to determine whether the same is made for a valid purpose.

No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution
shall be brought outside the penal institution for appearance or attendance in any court unless authorized by the
Supreme Court. (2a)

Section 3. Form and contents. — A subpoena shall state the name of the court and the title of the action or
investigation, shall be directed to the person whose attendance is required, and in the case of a subpoena duces
tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear
to the court prima facie relevant. (3)

Section 4. Quashing a subpoena. — (IMPORTANT) The court may quash a subpoena duces tecum upon motion
promptly made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the
relevancy of the books, documents or things does not appear, or if the person in whose behalf the subpoena is issued
fails to advance the reasonable cost of the production thereof.

The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either
case, the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules were
not tendered when the subpoena was served. (4)

a. duces tecum – upon motion promptly made at or before the time specified in the subpoena if it is unreasonable
or oppressive, or the books, etc is irrelevant or things does not appear, or the person does not advance the
reasonable cost of the production thereof.

b. ad testificandum – the witness is not bound thereby, fees were not tendered or beyond the 100 kilometers
radius or no permission from the court in which the case is pending.
Section 6. Service. — Service of a subpoena shall be made in the same manner as personal or substituted service of
summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The
service must be made so as to allow the witness a reasonable time for preparation and travel to the place of
attendance.

Costs for court attendance and the production of documents and other materials subject of the subpoena shall be
tendered or charged accordingly. (6a)

Section 7. Personal appearance in court. — A person present in court before a judicial officer may be required to
testify as if he or she were in attendance upon a subpoena issued by such court or officer. (7a)

Section 8. Compelling attendance. — (IMPORTANT) In case of failure of a witness to attend, the court or judge
issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the
sheriff of the province, or his or her deputy, to arrest the witness and bring him or her before the court or officer
where his or her attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the
witness if the court issuing it shall determine that his or her failure to answer the subpoena was willful and without
just excuse. (8a)
Section 9. Contempt. — Failure by any person without adequate cause to obey a subpoena served upon him or her
shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a
court, the disobedience thereto shall be punished in accordance with the applicable law or Rule. (9a)

Section 10. Exceptions. — The provisions of Sections 8 and 9 of this Rule shall not apply to a witness who resides
more than one hundred (100) kilometers from his or her residence to the place where he or she is to testify by the
ordinary course of travel, or to a detention prisoner if no permission of the court in which his or her case is pending
was obtained. (10a)

*Viatory right of a witness – right not to be compelled to attend upon a subpoena by reason of the distance
from the residence to the place of haring.

*Pp. v. Montejo, L-24154, October 31, 1967, it was held that this right is available only in civil cases.
Thus, a witness can be compelled to attend a hearing even if his residence is more than 100 kms radius if he is to
testify in a criminal case.

RULE 22
COMPUTATION OF TIME

Section 1. How to compute time. — In computing any period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of the act or event from which the designated period of time
begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed,
falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next
working day. (1)

*Labad v. The University of Southern Philippines, et al., G.R. No. 139665, Aug. 9, 2001, petitioner had
until December 28, 1998, a Monday and the next business day, to move for a 15-day extension considering that
December 26, 1998, the last day to file a petition for review, fell on a Saturday. The motion was filed on time since
it was filed before the expiration of the time sought to be extended.

How should the 15-day period be reckoned? Is it from December 26, 1998 or December 28, 1998.

General rule- the extension should be tacked to the original period and commence immediately after the
expiration of such period.

Exception- Moskowsky v. CA, et al., G.R. No. 104222, March 3, 1994 and Vda. De Capulong, et al., v.
Workmen’s Insurance Co., Imc, et al., L-30960, October 5, 1989, the SC allowed the extended period to commence
to run from the specific time prayed for in the motion.

In this case, petitioner specifically manifested that she be granted an extension of 15 days from December 28,
1998 or until January 12, 1999.

*Any extension of time to file the required pleading should be counted from the expiration of the period
regardless of the fact that the said due date is a Saturday, Sunday or legal holiday. (A.M. No. 00-2-14-SC; Kuz v.
National Amnesty Commission, G.R. No. 159708; September 24, 2004)

TAKE NOTE: Section 11, Rule 11 that only the filing of an Answer can be the subject of an extension of time.
Motion for extension to submit any other pleading is prohibited and is considered a mere scrap of paper but the court
may allow such pleading to filed even after the time fixed by the Rules.

Section 2. Effect of Interruption. — Should an act be done which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shall be excluded in the computation of the period. (2)
 MODES OF DISCOVERY

- are meant to serve as: (1) as a device, along with the pre-trial hearing under Rule 20, to narrow and clarify the
basic issues between the parties; and (2) a device of ascertaining the facts relative to those issues. (Republic v.
Sandiganbayan, 204 SCRA 212)

Rules 23-28

a. Depositions pending action (Rule 23)

b. Deposition before action or pending appeal (Rule 24)

c. Interrogatories to parties (Rule 25)

d. Admission by adverse party (Rule 26)

e. Production or inspection of documents or things (Rule 27) and

f. Physical and mental examination of persons (Rule 28)

Rule 23
DEPOSITION PENDING ACTION
(de bene esse)

*Deposition – the taking of testimony of any person, whether a party or not, at the instance of a party to the
action. The testimony is taken out of court.

Depositions may be taken at any time after the institution of any action whenever necessary or convenient.
(Dasmarinas Garment, Inc. v. Reyes, 225 SCRA 622)

In line with this principle according liberal treatment to the deposition-discovery mechanism, such modes of
discovery as (deposition (whether by oral examination or written interrogatories) under Rule 24, (b) interrogatories
to parties under Rule 25, and (c) requests for admission under Rule 26, may be availed of without leave of court, and
generally, without court intervention. (Sandiganbayan, supra)

“ex abudanti cautela” means “out of abundant caution” or “to be on the safe side”

*Dual functions of deposition

1. method of discovery

2. method of presenting testimony (Ingrid Sala Santamaria and Astrid Sala Boza v. Thomas
Cleary/Kathryn Go_Perez v. Thomas Cleary, G.R. No. 197122/G.R. No. 197161m June 15, 2016

Section 1. Depositions pending action, when may be taken. — (IMPORTANT) Upon ex parte motion of a party,
the testimony of any person, whether a party or not, may be taken by deposition upon oral examination or written
interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21.
Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may
be taken only by leave of court on such terms as the court prescribes. (1a)

*Note that deposition can now be taken upon ex-parte motion of a party, whether or not the court has
already acquired jurisdiction over the person of the defendant. Note that the motion shall be filed with the court
where the case is pending because this Rule will govern the taking of deposition when there is a pending case.

*Two types of depositions pending action:

 a. Upon oral examination under Section 15 of the Rule; and
b. Written interrogatories under Section 25

TAKE NOTE: The written interrogatories under Section 25 of Rule 23 is different from the interrogatories
under Rule 25.

- Under Section 25, Rule 23, when a party desires to take the deposition of any person upon written
interrogatories, he shall serve upon the other party with a notice stating the (1) name and address of the
person who is to answer them; and (2) the name and descriptive title of the officer (See Section 10 –
persons before whom depositions in the Philippines and Section 11 - persons before whom depositions
in the foreign country whereas under Rule 25, any party desiring to elicit material and relevant facts
from any adverse parties shall file and serve upon the latter written interrogatories to be answered by
the served or by any officer competent to testify in behalf of the juridical party he/she is representing.

- Under Section 25, the party will serve upon the other party written interrogatories with a notice upon
the other party stating the name and address of the person who would answer the interrogatories and
the name of the officer before whom the deposition will be taken while under Rule 25, the written
interrogatories are directly served upon the party by the requesting party who shall answer the same.
The examination of written interrogatories under Rule 25 is without the participation of the judge,
notary public, etc. as the written interrogatories is directly served upon the party. It’s a party to party
interaction – direct service of written interrogatories and answers thereto.

Section 2. Scope of examination. — Unless otherwise ordered by the court as provided by Section 16 or 18 of this
Rule, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject of the
pending action, whether relating to the claim or defense of any other party, including the existence, description,
nature, custody, condition, and location of any books, documents, or other tangible things and the identity and
location of persons having knowledge of relevant facts. (2)

*Scope of the coverage

- Any matter, whether relating to the claim or defense of any other party, provided:

a. not privileged

b. relevant and material (test of relevancy of materiality for the evidence to be admissible)

Section 3. Examination and cross-examination. — (IMPORTANT) Examination and cross- examination of

deponents may proceed as permitted at the trial under Sections 3 to 18 of Rule 132. (3)

2019 RULES ON EVIDENCE, RULE 132, Sections 3 to 18

Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or her
answer may tend to establish a claim against him or her. However, it is the right of a witness:

(1)  To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;

(2)  Not to be detained longer than the interests of justice require;

(3)  Not to be examined except only as to matters pertinent to the issue;

(4)  Not to give an answer which will tend to subject him or her to a penalty for an offense unless
otherwise provided by law; or
(5)  Not to give an answer which will tend to degrade his or her reputation, unless it be to the very fact
at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the
fact of his or her previous final conviction for an offense. (3a)

Section 4. Order in the examination of an individual witness. – The order in which an individual
witness may be examined is as follows:

(a)  Direct examination by the proponent;

(b)  Cross-examination by the opponent;

(c)  Re-direct examination by the proponent;

(d)  Re-cross[-]examination by the opponent. (4)

Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the

party presenting him or her on the facts relevant to the issue. (5a)

Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party on any relevant matter, with
sufficient fullness and freedom to test his or her accuracy and truthfulness and freedom from interest or
bias, or the reverse, and to elicit all important facts bearing upon the issue. (6a)

Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the witness
has been concluded, he or she may be re-examined by the party calling him or her to explain or
supplement his or her answers given during the cross-examination. On re-direct examination, questions
on matters not dealt with during the cross-examination may be allowed by the court in its discretion.
(7a)

Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters stated in his or her re-direct examination, and also on
such other matters as may be allowed by the court in its discretion. (8a)

Section 9. Recalling witness. – After the examination of a witness by both sides has been concluded,
the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its
discretion, as the interests of justice may require. (9)

Section 10. Leading and misleading questions. – A question which suggests to the witness the answer
which the examining party desires is a leading question. It is not allowed, except:

(a)  On cross-examination;

(b)  On preliminary matters;

(c)  When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, a
child of tender years, is of feeble mind, or a deaf-mute;

(d)  Of an unwilling or hostile witness; or

(e)  Of a witness who is an adverse party or an officer, director, or managing agent of a public or private
corporation[,] or of a partnership or association which is an adverse party.

A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary
to that which he or she has previously stated. It is not allowed. (10a)

Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party
against whom he or she was called, by contradictory evidence, by evidence that his or her general
reputation for truth, honesty, or integrity is bad, or by evidence that he or she has made at other times
statements inconsistent with his or her present testimony, but not by evidence of particular wrongful
acts, except that it may be shown by the examination of the witness, or record of the judgment, that he
or she has been convicted of an offense. (11a)

Section 12. Impeachment by evidence of conviction of crime. – For the purpose of impeaching a
witness, evidence that he or she has been convicted by final judgment of a crime shall be admitted if (a)
the crime was punishable by a penalty in excess of one [(1)] year; or (b) the crime involved moral
turpitude, regardless of the penalty.

However, evidence of a conviction is not admissible if the conviction has been the subject of an
amnesty or annulment of the conviction. (n)

Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses referred
to in paragraphs (d) and (e) of Section 10 of this Rule, the party presenting the witness is not allowed to
impeach his or her credibility.

A witness may be considered as unwilling or hostile only if so declared by the court upon adequate
showing of his or her adverse interest, unjustified reluctance to testify, or his or her having misled the
party into calling him or her to the witness stand.

The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached
by the party presenting him or her in all respects as if he or she had been called by the adverse party,
except by evidence of his or her bad character. He or she may also be impeached and cross-examined by
the adverse party, but such cross-examination must only be on the subject matter of his or her
examination-in-chief. (12a)

Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness can be
impeached by evidence that he or she has made at other times statements inconsistent with his or her
present testimony, the statements must be related to him or her, with the circumstances of the times and
places and the persons present, and he or she must be asked whether he or she made such statements,
and if so, allowed to explain them. If the statements be in writing[,] they must be shown to the witness
before any question is put to him or her concerning them. (13a)

[Section 14. Evidence of good character of witness. – (Incorporated in Section 54, Rule 130)]

Section 15. Exclusion and separation of witnesses. – The court, motu proprio or upon motion, shall
order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not
authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a
juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation
of the party’s cause, or (d) a person authorized by a statute to be present.
The court may also cause witnesses to be kept separate and to be prevented from conversing with one
another, directly or through intermediaries, until all shall have been examined. (15a)

Section 16. When witness may refer to memorandum. – A witness may be allowed to refresh his or her
memory respecting a fact by anything written or recorded by himself or herself, or under his or her
direction[,] at the time when the fact occurred, or immediately thereafter, or at any other time when the
fact was fresh in his or her memory and he or she knew that the same was correctly written or recorded;
but in such case[,] the writing or record must be produced and may be inspected by the adverse party,
who may, if he or she chooses, cross-examine the witness upon it and may read it in evidence. A
witness may also testify from such a writing or record, though he or she retains no recollection of the
particular facts, if he or she is able to swear that the writing or record correctly stated the transaction
when made; but such evidence must be received with caution. (16a)

Section 17. When part of transaction, writing or record given in evidence, the remainder admissible.
– When part of an act, declaration, conversation, writing or record is given in evidence by one party, the
 whole of the same subject may be inquired into by the other, and when a detached act, declaration,
conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or
record necessary to its understanding may also be given in evidence. (17)

Section 18. Right to inspect writing shown to witness. – Whenever a writing is shown to a witness, it
may be inspected by the adverse party. (18)

TAKE NOTE: The officer before whom the deposition is taken does not have the power to rule upon
objections to the questions and shall merely note them. Any evidence that is objected to shall still be taken but
subject to the objection. (See, Sec. 17). It is the Court where the case is pending and which ordered the deposition
taking will rule on the objection when the deposition is already submitted to it.

CONDITIONAL EXAMINATION OF WITNESS

FOR THE DEFENSE AND PROSECUTION
UNDER RULE 119 OF THE RULES OF CRIMINAL PROCEDURE

Section 12. Application for examination of witness for accused before trial. — When the accused has
been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses
conditionally examined in his behalf. The motion shall state: (a) the name and residence of the witness;
(b) the substance of his testimony; and (c) that the witness is sick or infirm as to afford reasonable
ground for believing that he will not be able to attend the trial, or resides more than one hundred (100)
kilometers from the place of trial and has no means to attend the same, or that other similar
circumstances exist that would make him unavailable or prevent him from attending the trial. The
motion shall be supported by an affidavit of the accused and such other evidence as the court may
require. (4a)

Section 13. Examination of defense witness; how made. — If the court is satisfied that the examination
of a witness for the accused is necessary, an order will be made directing that the witness be examined
at a specified date, time and place and that a copy of the order be served on the prosecutor at least three
(3) days before the scheduled examination. The examination shall be taken before a judge, or, if not
practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order
be made by a court of superior jurisdiction, before an inferior court to be designated therein. The
examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified
of the hearing. A written record of the testimony shall be taken. (5a)

Section 15. Examination of witness for the prosecution. — When it satisfactorily appears that a
witness for the prosecution is too sick or infirm to appear at the trial as directed by the order of the
court, or has to leave the Philippines with no definite date of returning, he may forthwith be
conditionally examined before the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable notice to attend the examination has been
served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal
of the accused to attend the examination after notice shall be considered a waiver. The statement taken
may be admitted in behalf of or against the accused. (7a)

*TAKE NOTE: The place of conditional examination of the witness for:

a. Defense – at the place designated in the order and not necessarily before the court where the case is
pending

b. Prosecution – before the Court where the case is pending. The witness shall be brought to the court
where the case is pending because the State has all the resources and means in so doing

Section 4. Use of depositions. — (MEMORIZE) At the trial or upon the hearing of a motion or an interlocutory
proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any
party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance
with any one of the following provisions:
 (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony
of the deponent as a witness;

(b) The deposition of a party or of any one who at the time of taking the deposition was an officer, director,
or managing agent of a public or private corporation, partnership, or association which is a party may be used by an
adverse party for any purpose;

(c) The deposition of a witness, whether or not a party, maybe used by any party for any purpose if the
court finds:

(1) that the witness is dead; or

(2) that the witness resides at a distance more than one hundred (100) kilometers from the place
of trial or hearing, or is out of the Philippines, unless it appears that his or her absence was procured by the
party offering the deposition; or

(3) that the witness is unable to attend or testify because of age, sickness, infirmity, or
imprisonment; or

(4) that the party offering the deposition has been unable to procure the attendance of the witness
by subpoena; or

(5) upon application and notice, that such exceptional circumstances exist as to make it desirable,
in the interest of justice and with due regard to the importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party, the adverse party may require him or her to
introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. (4a)

*Take note of the different uses of deposition depending upon the personality of the deponent – ordinary
witness, party-witness, or officer of a juridical person which is a party to a case.

Uses:

1. The deposition of a witness (not a party) may be used by any party to impeach or contradict the former’s
testimony. (limited purposes only; to impeach or contradict)

2. The deposition of a party (not just a witness) or of any one at the time of taking of the deposition who was
an officer, director or managing agent of a public or private corporation, partnership or association which is
a party may be used by an adverse party for “any purpose”. (impeach, contradict or as direct evidence
whether the deponent is available or not)

3. The deposition of a witness, whether a party or not, may be used by any party for any purpose when:

a. the witness is dead;

b. resides more than 100 kilometers from the place of trial, (viatory right of a witness which does not
apply to criminal cases)

c. out of the Philippines unless his absence was procured by the party offering the deposition;

d. not able to attend or testify because of age, sickness, infirmity or imprisonment;

e. the party offering the deposition was not able to procure the attendance of the witness through
subpoena;
 f. under exceptional circumstance and in the interest of justice and with due regard to the importance
of presenting the testimony of the witnesses orally in open court.

g. if only part of the deposition is offered, adverse party may require that for the introduction of all

Dasmarinas Garments, Inc., v. Reyes, et al., G.R. No. 108229, Aug. 24, 1993 - Depositions are not generally
meant to be a substitute for the actual testimony in open court of a party or witness. The deponent must, as a rule, be
presented for oral examination in open court. Any deposition offered to prove the facts therein at the trial of the case
in lieu of the actual testimony of the witness may be opposed or excluded for being hearsay except in those specific
instances authorized by the Rules under particular conditions and for certain limited purposes.

However, depositions may be used without the deponent being called to the witness stand by the proponent,
provided the existence of certain conditions is first satisfactorily established. Five exceptions for the admissibility of
a deposition are listed in Section 4. (Sales v. Sabino, G.R. No. 133154, December 9, 2005)

*Impeachment of an adverse party’s witness under the 2019 REVISED RULES OF EVIDENCE,
Rule 132

Section 10. Leading and misleading questions. – A question which suggests to the witness the
answer which the examining party desires is a leading question. It is not allowed, except:

(a)  On cross-examination;

(b)  On preliminary matters;
(c)  When there is difficulty in getting direct and intelligible answers from a witness who is ignorant,
a child of tender years, is of feeble mind, or a deaf-mute;
(d)  Of an unwilling or hostile witness; or
(e)  Of a witness who is an adverse party or an officer, director, or managing agent of a public
or private corporation[,] or of a partnership or association which is an adverse party.

A misleading question is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he or she has previously stated. It is not allowed. (10a)

Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party
against whom he or she was called, by contradictory evidence, by evidence that his or her general
reputation for truth, honesty, or integrity is bad, or by evidence that he or she has made at other
times statements inconsistent with his or her present testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the examination of the witness, or record of the
judgment, that he or she has been convicted of an offense. (11a)

Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses
referred to in paragraphs (d) and (e) of Section 10 of this Rule, the party presenting the witness is
not allowed to impeach his or her credibility.

A witness may be considered as unwilling or hostile only if so declared by the court upon adequate
showing of his or her adverse interest, unjustified reluctance to testify, or his or her having misled
the party into calling him or her to the witness stand.

The unwilling or hostile witness so declared, or the witness who is an adverse party, may be
impeached by the party presenting him or her in all respects as if he or she had been called by the
adverse party, except by evidence of his or her bad character. He or she may also be impeached and
cross-examined by the adverse party, but such cross-examination must only be on the subject matter
of his or her examination-in-chief. (12a)

Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness can
be impeached by evidence that he or she has made at other times statements inconsistent with his or
 her present testimony, the statements must be related to him or her, with the circumstances of the
times and places and the persons present, and he or she must be asked whether he or she made such
statements, and if so, allowed to explain them. If the statements be in writing[,] they must be shown
to the witness before any question is put to him or her concerning them. (13a)

Section 5. Effect of substitution of parties. — (READ) Substitution of parties does not affect the right to use
depositions previously taken; and, when an action has been dismissed and another action involving the same subject
is afterward brought between the same parties or their representatives or successors in interest, all depositions
lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. (5)

Section 6. Objections to admissibility. — (IMPORTANT) Subject to the provisions of Section 29 of this Rule,
objections may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason
which would require the exclusion of the evidence if the witness were then present and testifying. (6)

Section 7. Effect of taking depositions. — A party shall not be deemed to make a person his or her own witness for
any purpose by taking his or her deposition. (7a)

Section 8. Effect of using depositions. — (IMPORTANT) The introduction in evidence of the deposition or any
part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the
witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition
as described in paragraph (b) of Section 4 of this Rule. (8)

*Take note:

1. By taking the deposition of a person, the deponent is not considered as a witness by the one taking the
same (Section 7)
2. By using the deposition of a person, the deponent becomes the witness of the user unless it is being
used to contradict or impeach the deponent the purpose of using the deposition of the witness is to
impeach or contradict the latter

Section 9. Rebutting deposition. — (READ) At the trial or hearing, any party may rebut any relevant evidence
contained in a deposition whether introduced by him or her or by any other party. (9a)

Section 10. Persons before whom depositions may be taken within the Philippines. — (IMPORTANT) Within
the Philippines, depositions may be taken before any judge, notary public, or the person referred to in Section 14
hereof. (10)

*Persons before whom depositions may be taken in the Phils.

1. Judge
2. Notary public
3. Person authorized to administer oath provided the parties so stipulate in writing (Section 14)

Section 11. Persons before whom depositions may be taken in foreign countries. — (IMPORTANT) In a foreign
state or country, depositions may be taken (a) on notice before a secretary of embassy or legation, consul general,
consul, vice-consul, or consular agent of the Republic of the Philippines; (b) before such person or officer as may be
appointed by commission or under letters rogatory; or (c) the person referred to in Section 14 hereof. (11)

*Take note of the enumerated persons before whom deposition my be taken in foreign countries

(a) before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the
Republic of the Philippines; but there must be notice

(b) before such person or officer as may be appointed by commission or under letters rogatory; or
 (c) the person referred to in Section 14 hereof. (11)

Section 12. Commission or letters rogatory. — (IMPORTANT) A commission or letters rogatory shall be issued
only when necessary or convenient, on application and notice, and on such terms and with such direction as are just
and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters
rogatory may be addressed to the appropriate judicial authority in the foreign country. (12)

*Letter of Commission - It is an instrument issued by a court of justice or other competent tribunal to

authorize a person to take deposition, or do any other act by authority of such court or tribunal.

*Letter Rogatory – It is an instrument whereby a foreign court is informed of the pendency of a case and
the name of the foreign witness, and is requested to cause their deposition to be taken in due course of law for the
furtherance of justice, with an offer on the part of the court making the request, to do the like for the other, in a
similar case.

Section 13. Disqualification by interest. — (READ) No deposition shall be taken before a person who is a relative
within the sixth degree of consanguinity or affinity, or employee or counsel of any of the parties; or who is a relative
within the same degree, or employee of such counsel; or who is financially interested in the action. (13)

Section 14. Stipulations regarding taking of depositions. — (READ) If the parties so stipulate in writing,
depositions may be taken before any person authorized to administer oaths, at any time or place, in accordance with
these Rules, and when so taken may be used like other depositions. (14)

Section 15. Deposition upon oral examination; notice; time and place. — (IMPORTANT) A party desiring to
take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party
to the action. The notice shall state the time and place for taking the deposition and the name and address of each
person to be examined, if known, and if the name is not known, a general description sufficient to identify him or
her or the particular class or group to which he or she belongs. On motion of any party upon whom the notice is
served, the court may for cause shown enlarge or shorten the time. (15a)

Section 16. Orders for the protection of parties and deponents. — (RAD) After notice is served for taking a
deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and for
good cause shown, the court in which the action is pending may make the following orders:

(a)  That the deposition shall not betaken;

(b)  That the deposition may be taken only at some designated place other than that stated in the notice;

(c)  That the deposition may be taken only onwritten interrogatories;

(d)  That certain matters shall not be inquired into;

(e)  Thatthescopeoftheexaminationshallbeheldwithnoonepresentexceptthe parties to the action and their

officers or counsel;

(f)  That after being sealed the deposition shall be opened only by order of the court;

(g)  That secret processes, developments, or research need not be disclosed; or

(h)  That the parties shall simultaneously file specified documents or information enclosed in sealed
envelopes to be opened as directed by the court.

The court may make any other order which justice requires to protect the party or witness from annoyance,
embarrassment, or oppression. (16a)
Section 17. Record of examination; oath; objections. — The officer before whom the deposition is to be taken
shall put the witness on oath and shall personally, or by some one acting under his or her direction and in his or her
presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree
otherwise. All objections made at the time of the examination to the qualifications of the officer taking the
deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other
objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken
subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a
deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record
the answers verbatim. (17a)

*TAKE NOTE: The officer before whom the deposition it being taken cannot rule on the objection and
admissibility of the evidence. It is the Court which ordered the taking of the deposition and the action pending shall
rule on the objections.

Section 18. Motion to terminate or limit examination. — (READ) At any time during the taking of the deposition,
on motion or petition of any party or of the deponent and upon a showing that the examination is being conducted in
bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in
which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order
the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and
manner of the taking of the deposition, as provided in Section 16 of this Rule. If the order made terminates the
examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon
demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to
make a notice for an order. In granting or refusing such order, the court may impose upon either party or upon the
witness the requirement to pay such costs or expenses as the court may deem reasonable. (18)

Section 19. Submission to witness; changes; signing. — (IMPORTANT) When the testimony is fully transcribed,
the deposition shall be submitted to the witness for examination and shall be read to or by him or her, unless such
examination and reading are waived by the witness and by the parties. Any changes in form or substance which the
witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by
the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation
waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the
witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the
witness or the fact of the refusal to sign together with the reason given therefor, if any, and the deposition may then
be used as fully as though signed, unless on a motion to suppress under Section 29(f) of this Rule , the court holds
that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. (19a)

Section 20. Certification and filing by officer. — (IMPORTANT) The officer shall certify on the deposition that
the witness was duly sworn to by him or her and that the deposition is a true record of the testimony given by the
witness. He or she shall then securely seal the deposition in an envelope indorsed with the title of the action and
marked "Deposition of (here insert the name of witness)" and shall promptly file it with the court in which the action
is pending or send it by registered mail to the clerk thereof for filing. (20a)

Section 21. Notice of filing. — (READ) The officer taking the deposition shall give prompt notice of its filing to
all the parties. (21)

Section 22. Furnishing copies. — (READ) Upon payment of reasonable charges therefor, the officer shall furnish a
copy of the deposition to any party or to the deponent. (22)

Section 23. Failure to attend of party giving notice. (READ) — If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice,
the court may order the party giving the notice to pay such other party the amount of the reasonable expenses
incurred by him or her and his or her counsel in so attending, including reasonable attorney's fees. (23a)

Section 24. Failure of party giving notice to serve subpoena. — (READ) If the party giving the notice of the taking
of a deposition of a witness fails to serve a subpoena upon him or her and the witness because of such failure does
not attend, and if another party attends in person or by counsel because he or she expects the deposition of that
witness to be taken, the court may order the party giving the notice to pay such other party the amount of the
reasonable expenses incurred by him or her and his or her counsel in so attending, including reasonable attorney's
fees. (24a)

Section 25. Deposition upon written interrogatories; service of notice and of interrogatories. — A party desiring
to take the deposition of any person upon written interrogatories shall serve them upon every other party with a
notice stating the name and address of the person who is to answer them and the name or descriptive title and
address of the officer before whom the deposition is to be taken.

Within ten (10) calendar days thereafter, a party so served may serve cross- interrogatories upon the party proposing
to take the deposition. Within five (5) calendar days thereafter the latter may serve re-direct interrogatories upon a
party who has served cross-interrogatories. Within three (3) calendar days after being served with re-direct
interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition. (25a)

Please note that this deposition by written interrogatories is different from written interrogatories
under Rule 25.

TAKE NOTE: The written interrogatories under Section 25 of Rule 23 is different from the interrogatories
under Rule 25.

- Under Section 25, Rule 23, when a party desires to take the deposition of any person upon written
interrogatories, he shall serve upon the other party with a notice stating the (1) name and address of the
person who is to answer them; and (2) the name and descriptive title of the officer (See Section 10 –
persons before whom depositions in the Philippines and Section 11 - persons before whom depositions
in the foreign country whereas under Rule 25, any party desiring to elicit material and relevant facts
from any adverse parties shall file and serve upon the latter written interrogatories to be answered by
the served or by any officer competent to testify in behalf of the juridical party he/she is representing.

- Under Section 25, the party will serve upon the other party written interrogatories with a notice upon
the other party stating the name and address of the person who would answer the interrogatories and
the name of the officer before whom the deposition will be taken while under Rule 25, the written
interrogatories are directly served upon the party by the requesting party who shall answer the same.
The examination of written interrogatories under Rule 25 is without the participation of the judge,
notary public, etc. as the written interrogatories is directly served upon the party. It’s a party to party
interaction – direct service of written interrogatories and answers thereto.

Section 26. Officers to take responses and prepare record. — (READ) A copy of the notice and copies of all
interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice,
who shall proceed promptly, in the manner provided by Sections 17, 19 and 20 of this Rule, to take the testimony of
the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto
the copy of the notice and the interrogatories received by him or her. (26a)

Section 27. Notice of filing and furnishing copies. —(READ) When a deposition upon interrogatories is filed, the
officer taking it shall promptly give notice thereof to all the parties and may furnish copies to them or to the
deponent upon payment of reasonable charges therefor. (27)

Section 28. Orders for the protection of parties and deponents. — READ) After the service of the interrogatories
and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion
promptly made by a party or a deponent, and for good cause shown, may make any order specified in Sections 15,
16 and 18 of this Rule which is appropriate and just or an order that the deposition shall not be taken before the
officer designated in the notice or that it shall not be taken except upon oral examination. (28)

Section 29. Effect of errors and irregularities in depositions. — (READ) (a) As to notice. — All errors and
irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the
party giving the notice.
(b) As to disqualification of officer. — Objection to taking a deposition because of disqualification of the officer
before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter
as the disqualification becomes known or could be discovered with reasonable diligence.

(c) As to competency or relevancy of evidence. — Objections to the competency of a witness or the competency,
relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the
deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that
time.

(d) As to oral examination and other particulars. — Errors and irregularities occurring at the oral examination in
the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the
conduct of the parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are
waived unless reasonable objection thereto is made at the taking of the deposition.

(e) As to form of written interrogatories. — Objections to the form of written interrogatories submitted under
Sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the
time allowed for serving succeeding cross or other interrogatories and within three (3) calendar days after service of
the last interrogatories authorized.

(f) As to manner of preparation. — Errors and irregularities in the manner in which the testimony is transcribed or
the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the
officer under Sections 17, 19, 20 and 26 of this Rules are waived unless a motion to suppress the deposition or
some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been,
ascertained. (29a)

RULE 24DEPOSITIONS BEFORE

ACTION OR PENDING APPEAL

Section 1. Depositions before action; petition. — (IMPORTANT) A person who desires to perpetuate his or her
own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines,
may file a verified petition in the court of the place of the residence of any expected adverse party. (1a)

*Venue of the petition – in the court of the place of the residence of any expected adverse party and not that of the
petitioner

Section 2. Contents of petition. — (READ) The petition shall be entitled in the name of the petitioner and shall
show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to
bring it or cause it to be brought; (b) the subject matter of the expected action and his or her interest therein; (c) the
facts which he or she desires to establish by the proposed testimony and his or her reasons for desiring to perpetuate
it; (d) the names or a description of the persons he or she expects will be adverse parties and their addresses so far as
known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he
or she expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the
persons to be examined named in the petition for the purpose of perpetuating their testimony. (2a)

Section 3. Notice and service. —(IMPORTANT) The petitioner shall serve a notice upon each person named in
the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to
the court, at a time and place named therein, for the order described in the petition. At least twenty (20) calendar
days before the date of the hearing, the court shall cause notice thereof to be served on the parties and prospective
deponents in the manner provided for service of summons. (3a)

Section 4. Order and examination. — (IMPORTANT If the court is satisfied that the perpetuation of the testimony
may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose
deposition may be taken and specifying the subject matter of the examination and whether the depositions shall be
taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with Rule
23 before the hearing. (4)
Section 5. Reference to court. — (READ) For the purpose of applying Rule 23 to depositions for perpetuating
testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in
which the petition for such deposition was filed. (5)
Section 6. Use of deposition. — If a deposition to perpetuate testimony is taken under this Rule, or if, although not
so taken, it would be admissible in evidence, it may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of Sections 4 and 5 of Rule 23. (6)

Section 7. Depositions pending appeal. — (IMPORTANT) If an appeal has been taken from a judgment of a court,
including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired,
the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate
their testimony for use in the event of further proceedings in the said court. In such case the party who desires
to perpetuate the testimony may make a motion in the said court for leave to take the depositions, upon the same
notice and service thereof as if the action was pending therein. The motion shall state (a) the names and addresses of
the persons to be examined and the substance of the testimony which he or she expects to elicit from each; and (b)
the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid
a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the
depositions may be taken and used in the same manner and under the same conditions as are prescribed in these
Rules for depositions taken in pending actions. (7a)

*TAKE NOTE: the petition shall be filed with the Court which rendered the judgment and the venue is the place
stated in the order.

RULE 25 INTERROGATORIES TO PARTIES

(Compare this with Rule 23, Section 25)

Section 1. Interrogatories to parties; service thereof. — (IMPORTANT) Upon ex parte motion, any party
desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written
interrogatories to be answered by the party served or, if the party served is a public or private corporation or a
partnership or association, by any officer thereof competent to testify in its behalf. (1a)

Section 2. Answer to interrogatories. — (IMPORTANT) The interrogatories shall be answered fully in writing and
shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served
shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) calendar
days after service thereof, unless the court, on motion and for good cause shown, extends or shortens the time. (2a)

- A judgment by default may be rendered against a party who fails to serve his answer to written
interrogatories. (Cason v. San Pedro, L-18928, Dec. 28, 1962, See, Sec 3 © Rule 29)

Section 3. Objections to interrogatories. — (IMPORTANT) Objections to any interrogatories may be presented to

the court within ten (10) calendar days after service thereof, with notice as in case of a motion; and answers shall be
deferred until the objections are resolved, which shall be at as early a time as is practicable. (3a)

Section 4. Number of interrogatories. — (READ) No party may, without leave of court, serve more than one set of
interrogatories to be answered by the same party. (4)

Section 5. Scope and use of interrogatories. — (IMPORTANT) Interrogatories may relate to any matters that can
be inquired into under Section 2 of Rule 23, and the answers may be used for the same purposes provided in Section
4 of the same Rule. (5)

Section 6. Effect of failure to serve written interrogatories. — (VERY IMPORTANT) Unless thereafter allowed
by the court for good cause shown and to prevent a failure of justice, a party not served with written interrogatories
may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal.
(6)

TAKE NOTE:
 *General Rule: A party not served with written interrogatories may not be compelled by the adverse party
to give testimony in open court or to give deposition pending appeal

If the party not served with written interrogatories is a corporation, its officers are the ones who cannot be
compelled to give testimony (Sps. Afulugencia v. Metro Bank, G.R. No. 185145, February 5, 2014)

Exceptions: Unless thereafter allowed by the Court

1. For good cause shown; and

2. To prevent a failure of justice

The sanction provided under Rules 25 and 26 is not one of compulsion in the sense that the party is being
compelled to avail of the discovery mechanics but one of negation by depriving him of evidentiary sources which
would otherwise have been accessible to him (1 REGALADO p, 368)

*Take Note also of the sanctions provided under Rule 29 upon a party who refuses or fails to comply with
discovery procedures duly availed of by his opponent. (1 REGALADO p, 367)

RULE 26
ADMISSION BY ADVERSE PARTY

Section 1. Request for admission. — At any time after issues have been joined, a party may file and serve upon any
other party a written request for the admission by the latter of the genuineness of any material and relevant
document described in and exhibited with the request or of the truth of any material and relevant matter of fact set
forth in the request. Copies of the documents shall be delivered with the request unless copies have already been
furnished. (1)

*Purpose - to elicit material and relevant facts from any adverse party shall file and serve upon the
latter written interrogatories to be answered by the party served (A. M. No. 03-1-09-SC-IA,1, 1.1, 1.2)

*Issues are joined after the filing of the last pleading or expiration of the period to file the same.

The reason for the requirement that such request must be made after the pleadings are closed is that the
questions of fact involved in a case ar inquired into only when it reaches the stage of proof ( Uy Chao v. De la Rama
Steamship Co. Inc., G.R. No. L-14495, September 29, 1992)

*Scope of admission:

a. genuineness of any material and relevant document described in and exhibited with the request; or

b. of the truth of any material and relevant matter of fact set forth in the request

Section 2. Implied admission. — (VERY IMPORTANT) Each of the matters of which an admission is requested
shall be deemed admitted unless, within a period designated in the request, which shall not be less than fifteen (15)
calendar days after service thereof, or within such further time as the court may allow on motion, the party to whom
the request is directed files and serves upon the party requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot
truthfully either admit or deny those matters.

Objections to any request for admission shall be submitted to the court by the party requested within the period for
and prior to the filing of his or her sworn statement as contemplated in the preceding paragraph and his or her
compliance therewith shall be deferred until such objections are resolved, which resolution shall be made as early as
practicable. (2a)
THERE IS AN IMPLIED ADMISSION:

- if the party served failed to file and serve a sworn statement either denying specifically the matters of
which admission is requested, or

- setting forth in detail the reasons why he cannot truthfully admit or deny those mattes.

TAKE NOTE of the effect of implied admission: There is no need to present evidence to prove (a) the
genuineness of any material and relevant document described in and exhibited with the request; or (b) of the truth of
any material and relevant matter of fact set forth in the request

- copy of the request for admission shall be served upon the party and not to his counsel, otherwise
insufficient compliance with the Rule and the party cannot be deemed to have admitted the truth of the
matter of which admissions were requested (Duque v. CA and Valenzuela et al, v. CA, et al. G.R. No.
125383, July 2, 2002.)

Section 3. Effect of admission. — Any admission made by a party pursuant to such request is for the purpose of the
pending action only and shall not constitute an admission by him or her for any other purpose nor may the same be
used against him or her in any other proceeding. (3a)

Section 4. Withdrawal. — The court may allow the party making an admission under this Rule, whether express or
implied, to withdraw or amend it upon such terms as may be just. (4)

Section 5. Effect of failure to file and serve request for admission. (VERY IMPORTANT) — Unless otherwise
allowed by the court for good cause shown and to prevent a failure of justice, a party who fails to file and serve a
request for admission on the adverse party of material and relevant facts at issue which are, or ought to be, within
the personal knowledge of the latter, shall not be permitted to present evidence on such facts. (5)

*Effect of not filing a written request for admission (BAR 2012)

- the party shall not be permitted to present evidence on facts that are material and relevant and which
are, or ought to be, within the personal knowledge of the other party, unless otherwise allowed by the
court for good cause shown and to prevent a failure of justice.

RULE 27
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Section 1. Motion for production or inspection; order. — Upon motion of any party showing good cause therefor,
the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter
involved in the action and which are in his or her possession, custody or control; or (b) order any party to permit
entry upon designated land or other property in his or her possession or control for the purpose of inspecting,
measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The
order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may
prescribe such terms and conditions as are just. (1a)

*Requisites:

1. the item must not be privileged;

- types of disqualification by reason of privileged communication (Rule 130, Section 24)

 - Air Philippines Corporation v. Pennswell, Inc., 540 SCRA 1215

1. Editors may not be compelled to disclose the source of published news

2. Voters may not be compelled to disclose for whom they voted
3. Trade secrets
4. Information contained in tax census returns
5. Bank deposits

2. the item must constitute or contain evidence material to any matter involved in the action; and

3. must be in the party’s possession

RULE 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Section 1. When examination may be ordered. — In an action in which the mental or physical condition of a party
is in controversy, the court in which the action is pending may in its discretion order him or her to submit to a
physical or mental examination by a physician. (1a)

- when the mental or physical examination of a party is in controversy

Examples:

1. Annulment of a contract where the ground relied upon is insanity

2. A petition for guardianship of a person alleged to be insane

3. Recovery of damages for personal injury where the issue is the extent of the injuries of the plaintiff

Section 2. Order for examination. — The order for examination may be made only on motion for good cause
shown and upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner,
conditions and scope of the examination and the person or persons by whom it is to be made. (2)

Section 3. Report of findings. — If requested by the party examined, the party causing the examination to be made
shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her
findings and conclusions. After such request and delivery, the party causing the examination to be made shall be
entitled upon request to receive from the party examined a like report of any examination, previously or thereafter
made, of the same mental or physical condition. If the party examined refuses to deliver such report, the court on
motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses
to make such a report, the court may exclude his or her testimony if offered at the trial. (3a)

Section 4. Waiver of privilege. — By requesting and obtaining a reportofthe examination so ordered or by taking
the deposition of the examiner, the party examined waives any privilege he or she may have in that action or any
other involving the same controversy, regarding the testimony of every other person who has examined or may
thereafter examine him or her in respect of the same mental or physical examination. (4a)

RULE 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY

Section 1. Refusal to answer. — If a party or other deponent refuses to answer any question upon oral examination,
the examination may be completed on other matters or adjourned as the proponent of the question may prefer. The
proponent may thereafter apply to the proper court of the place where the deposition is being taken, for an order to
compel an answer. The same procedure may be availed of when a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25.

If the application is granted, the court shall require the refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer was without substantial justification, it may require the
refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of
the reasonable expenses incurred in obtaining the order, including attorney's fees.

If the application is denied and the court finds that it was filed without substantial justification, the court may require
the proponent or the counsel advising the filing of the application, or both of them, to pay to the refusing party or
deponent the amount of the reasonable expenses incurred in opposing the application, including attorney's fees. (1)

Section 2. Contempt of court. — If a party or other witness refuses to be sworn or refuses to answer any question
after being directed to do so by the court of the place in which the deposition is being taken, the refusal may be
considered a contempt of that court (2).

Section 3. Other consequences. — If any party or an officer or managing agent of a party refuses to obey an order
made under Section 1 of this Rule requiring him or her to answer designated questions, or an order under Rule 27 to
produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to
permit entry upon land or other property, or an order made under Rule 28 requiring him or her to submit to a
physical or mental examination, the court may make such orders in regard to the refusal as are just, and among
others the following:

(a) An order that the matters regarding which the questions were asked, or the character or description of
the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other
designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the
party obtaining the order;

(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses or
prohibiting him or her from introducing in evidence designated documents or things or items of testimony, or from
introducing evidence of physical or mental condition;

(c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed,
or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient
party; and

(d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or
agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination.
(3a)

Section 4. Expenses on refusal to admit. — If a party after being served with a request under Rule 26 to admit the
genuineness of any document or the truth of any matter of fact, serves a sworn denial thereof and if the party
requesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact,
he or she may apply to the court for an order requiring the other party to pay him or her the reasonable expenses
incurred in making such proof, including reasonable attorney's fees. Unless the court finds that there were good
reasons for the denial or that admissions sought were of no substantial importance, such order shall be issued. (4a)

SECTION 5. Failure of party to attend or serve answers. — If a party or an officer or managing agent of a party
wilfully fails to appear before the officer who is to take his or her deposition, after being served with a proper notice,
or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories, the
court on motion and notice, may strike out all or any part of any pleading of that party, or dismiss the action or
proceeding or any part thereof, or enter a judgment by default against that party, and in its discretion, order him or
her to pay reasonable expenses incurred by the other, including attorney's fees. (5a)

Section 6. Expenses against the Republic of the Philippines. —Expenses and attorney’s fees are not to be imposed
upon the Republic of the Philippines under this Rule. (6)
Sanctions:

1. Refusal to answer any question upon oral examination or interrogatory

a. apply to the proper court for an order to compel an answer

b. if granted – the court will order to answer the oral question or interrogatory
c. if refusal is unjustified – require the refusing party or deponent or the counsel advising the refusal to
pay the proponent the amount of reasonable expenses incurred in obtaining the order, including
attorney’s fees
d. contempt of court
e. application to compel to answer is denied because of the absence of substantial justification, the
proponent or his counsel advising may be directed to pay the refusing party or deponent to be paid the
amount of the reasonable expenses incurred in opposing the application, including attorney’s fees.

2. Refusal to answer designated or particular questions or refusal to produce documents or things or to

submit to physical or mental examination

a. Order that the matters regarding which the questions were asked shall be taken as established for
purposes of the action in accordance with the claim of the party obtaining them
b. Order refusing to allow the disobedient party to support or oppose designated claims or defenses or
prohibiting him from introducing in evidence designated documents or things or items of testimony, or
from introducing evidence of physical or mental condition
c. Order the striking out pleadings or parts thereof, or staying further proceedings until the order is
obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default
against the disobedient party.
d. Order the arrest of any party or agent of a party for disobeying any o he orders except an order to
submit to a physical or mental examination

3. Refusal of a party to be sworn in

a. contempt of court

4. Refusal to admit the genuineness of any document or the truth of any matter of fact and service of a
sworn denial

- if the other party later on proves the genuineness of the document or the truth of such matter of fact,
order the payment of reasonable expenses in making such proof

5. Failure to attend depositions or to serve answers to interrogatories (Bar 2010)

1. strike out all or any part of the pleading of that party

2. dismiss the action or proceeding or any part thereof
3. enter a judgment by default against that party, and in its discretion,
4. order him to pay reasonable expenses incurred by the other, including attorney’s fees (Section 5, Rule
25)

Take note:

The above-mentioned consequences apply only if the refusal to answer cover the whole set of written
interrogatories and not just to a particular question unless an order compelling to answer the particular question is
still disobeyed, then the consequences under Rule 5, Rule 29 will apply. (Zepeda v. China Banking Corporation,
504 SCRA 126, 234).

The matter of how, and when, the above sanctions should be applied is one that primarily rests on the sound
discretion of the court bearing in mind the paramount and overriding interest of justice.
 Rule 30
TRIAL

Section 1. Schedule of trial. — The parties shall strictly observe the scheduled hearings as agreed upon and set forth
in the pre-trial order.
(a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following
periods:

i. The initial presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar
days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its
evidence within a period of three (3) months or ninety (90) calendar days which shall include
the date of the judicial dispute resolution, if necessary;

ii. The initial presentation of defendant’s evidence shall be set not later than thirty (30) calendar
days after the court’s ruling on plaintiff’s formal offer of evidence. The defendant shall be
allowed to present its evidence within a period of three (3) months or ninety (90) calendar
days;

iii. The period for the presentation of evidence on the third (fourth, etc.) -party claim,
counterclaim or cross-claim shall be determined by the court, the total of which shall in no
case exceed ninety (90) calendar days; and

iv. If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal
evidence, which shall be completed within a period of thirty (30) calendar days.

(b) The trial dates may be shortened depending on the number of witnesses to be presented, provided that the
presentation of evidence of all parties shall be terminated within a period of ten (10) months or three hundred (300)
calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or cross-claim, the presentation of
evidence shall be terminated within a period of six (6) months or one hundred eighty (180) calendar days.

(c) The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90)
calendar days from the submission of the case for resolution, with or without memoranda. (n)

Section 2. Adjournments and postponements. — A court may adjourn a trial from day to day, and to any stated time,
as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for
a longer period than one month for each adjournment, nor more than three months in all, except when authorized in
writing by the Court Administrator, Supreme Court.

The party who caused the postponement is warned that the presentation of its evidence must still be
terminated on the remaining dates previously agreed upon. (2a)

[Section 3. Requisites of motion to postpone trial for absence of evidence. — Deleted]

Section 3. Requisites of motion to postpone trial for illness of party or counsel. — A motion to postpone a trial on
the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification that the
presence of such party or counsel at the trial is indispensable and that the character of his or her illness is such as to
render his or her non-attendance excusable. (4a)

Section 4. Hearing days and calendar call. — Trial shall be held from Monday to Thursday, and courts shall call
the cases at exactly 8:30 a.m. and 2:00 p.m., pursuant to Administrative Circular No. 3-99. Hearing on motions shall
be held on Fridays, pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before the
scheduled hearings, pursuant to OCA Circular No. 250-2015. (n)
Section 5. Order of trial. — Subject to the provisions of Section 2 of Rule 31, and unless the court for special
reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as
follows:

(a) The plaintiff shall adduce evidence in support of his or her complaint;

(b) The defendant shall then adduce evidence in support of his or her defense, counterclaim, cross-claim
and third-party complaint;

(c) The third-party defendant, if any, shall adduce evidence of his or her defense, counterclaim, cross-claim
and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;

(e)  The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in
support of their defense, in the order to be prescribed by the court;

(f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and
in the furtherance of justice, permits them to adduce evidence upon their original case; and

(g)  Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court
directs the parties to argue or to submit their respective memoranda or any further pleadings.

If several defendants or third-party defendants, and so forth, having separate defenses appear by different
counsel, the court shall determine the relative order of presentation of their evidence. (5a)

Section 6. Oral offer of exhibits. — The offer of evidence, the comment or objection thereto, and the court ruling
shall be made orally in accordance with Sections 34 to 40 of Rule 132. (n)

Section 7. Agreed statement of facts. — The parties to any action may agree, in writing, upon the facts involved in
the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as
the court shall prescribe. (6)

[Section 7. Statement of judge. — Deleted]Section 8. Suspension of actions. — The suspension of actions shall be
governed by
the provisions of the Civil Code and other laws. (8a)

Section 9. Judge to receive evidence; delegation to clerk of court. — The judge of the court where the case is
pending shall personally receive the evidence to be adduced by the parties. However, in default or ex parte hearings,
and in any case where the parties agree in writing, the court may delegate the reception of evidence to its clerk of
court who is a member of the bar. The clerk of court shall have no power to rule on objections to any question or to
the admission of exhibits, which objections shall be resolved by the court upon submission of his or her report and
the transcripts within ten (10) calendar days from termination of the hearing. (9a)

Sec. 5 – Reopening the case of a party for the purpose of introducing further evidence (adduce evidence on
their original case even after the presentation of their original evidence provided:

a. there are good reasons and

b. such reasons are in furtherance of justice
 Republic v. SB (Fourth Division), 662
SCRA 152, 185-186 – a party’s declaration of the completion of the presentation of his evidence prevents him from
introducing further evidence; but where the evidence is rebuttal in character, whose necessity, for instance, arose
from the shifting of burden of evidence from one party to the other; or where the evidence sought to be presented is
in the nature of newly discovered evidence, the party’s right to introduce further evidence must be recognized.
Otherwise, certiorari lies.

Lopez v. Libro, 81 Phil. 431 – Generally, additional evidence is allowed when it is newly discovered evidence,
or where it has been omitted through inadvertence or mistake, or where the purpose of the evidence is to correct
evidence previously offered.

Director of Lands v. Roman Archbishop f Manila, 41 Phil. 121 – the strict rule is that the plaintiff must try his
case out when he commences. This rule can be relaxed at the sound discretion of the court. The proper rule for the
exercise of this discretion “is that the material testimony should not be excluded because it is offered by the plaintiff
after the defendant has rested, although not in rebuttal, unless it has been kept back by a trick, and for the purpose of
deceiving the defendant and affecting his case injuriously.

Rule 33
DEMURRER TO EVIDENCE

Section 1. Demurrer to evidence. (IMPORTANT) Motion to dismiss based on insufficiency of evidence.

Two scenarios:

1. Granted – case is dismissed but if reversed on appeal, the appellate court will decide the case based on
the evidence on record. It shall not remand the case (Radiowealth v. Del Rosario, July 6, 2000)

2. Denied – defendant can present evidence.

Take Note: Leave of court is not necessary to file demurrer to evidence in civil cases unlike in criminal cases.
Defendant can file his demurrer to evidence after the plaintiff rets his case.

Rule 34
JUDGMENT ON THE PLEADINGS

Section 1. Judgment on the pleadings – (IMPORTANT) Where an answer fails to tender an issue, or otherwise
admits the material allegations of the adverse party’s pleading, the court may, on motion of that party, direct
judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal
separation, the material facts alleged in the complaint shall always be proved. (1)

a. Grounds

1. When an answer fails to tender an issue

2. Admits the material allegations of the adverse party’s pleading

*Answer fails to tender an issue if it does not comply with the requirements of a specific denial under oath
as set out in Sections 8 and 10, Rule 8 of the Rules of Court, resulting in the admission of the material allegations of
the adverse party’s pleading. As such, it is a judgment that is exclusively based on the submitted pleading, without
the introduction of evidence as the factual issue remain uncontroverted. (GSIS v. Prudential Guarantee and
Assurance, Inc. G.R. No. 165585, November 20, 2013)

Section 2. Action on motion for judgment on the pleadings. — The court may motu proprio or on motion render
judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of
these Rules.
 *Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition
for certiorari, prohibition or mandamus. (n)

*The concept of a judgment on the pleadings will not apply when no answer is filed. Remedy is to declare
defendant in default and allow the plaintiff to present his evidence ex-parte.

b. Actions not covered

1. actions for the declaration of nullity of a marriage

2. actions for annulment of marriage

3. actions for legal separation.

Rule 35
SUMMARY JUDGMENT

Section 1. Summary judgment for claimant. — (IMPORTANT) A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer
thereto has been served, move with supporting affidavits, depositions or admissions for a summary judgment in his
or her favor upon all or any part thereof. (1a)

*When there is no genuine issue as to any material fact except the amount of damages show that, except as
to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to
judgment as a matter of law.

Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (3a)

*A genuine issue is an issue of fact which requires the presentation of evidence. When the facts, as pleaded,
appear uncontested or undisputed, then there is no real or genuine issue as to the facts and summary is called for.
The party who moves for summary judgment has the burden of demonstrating clearly the absence of any genuine
issue of fact, or that the issue posed in the complaint is patently unsubstantial so as not to constitute a genuine issue
for trial. When the facts as pleaded by the parties are disputed or contested, proceedings for summary judgment
cannot take the place of trial. (Phil. Bank of Communication v. Go, 642 SCRA 693; Smart Communications, Inc. v.
Aldecoa, G.R. No. 166330, September 11, 2013.)

Section 2. Summary judgment for defending party. — (READ) A party against whom a claim, counterclaim, or
cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits,
depositions or admissions for a summary judgment in his or her favor as to all or any part thereof. (2a)

1. What to submit in support of the motion?

Affidavits, depositions and admission

2. Test for propriety of the motion.

Section 3. Motion and proceedings thereon. — (READ) The motion shall cite the supporting affidavits, depositions
or admissions, and the specific law relied upon. The adverse party may file a comment and serve opposing
affidavits, depositions, or admissions within a non-extendible period of five (5) calendar days from receipt of the
motion. Unless the court orders the conduct of a hearing, judgment sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions and admissions on file,
 *Unlike in ordinary motion which requires only a 3-day notice, in summary judgment, a 10-day notice is
required to be served upon the adverse party and the latter is given 3 days to serve opposing affidavits, depositions
or admissions.

Section 4. Case not fully adjudicated on motion. — If on motion under this Rule, judgment is not rendered upon
the whole case or for all the reliefs sought and a trial is necessary, the court may, by examining the pleadings and the
evidence before it and by interrogating counsel, ascertain what material facts exist without substantial controversy,
including the extent to which the amount of damages or other relief is not in controversy, and direct such further
proceedings in the action as are just. The facts so ascertained shall be deemed established, and the trial shall be
conducted on the controverted facts accordingly. (4a)

Section 5. Form of affidavits and supporting papers. — 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. (5)
Section 6. Affidavits in bad faith. — Should it appear to its satisfaction at any time that any of the affidavits
presented pursuant to this Rule are presented in bad faith, or solely for the purpose of delay, the court shall forthwith
order the offending party or counsel to pay to the other party the amount of the reasonable expenses which the filing
of the affidavits caused him or her to incur, including attorney's fees, it may, after hearing further adjudge the
offending party or counsel guilty of contempt. (6a)

Rule 36
Judgments, Final Orders and Entry Thereof

Sec. 1. Rendition of judgments and final orders.

 It is the filing with of judgment with the Clerk of Court. It is not the pronouncement of the judgment in
open court that constitute the rendition. Ago v. CA, 6 SCRA 530; Castro v. Malazo, 99 SCRA 164,
170

Requisites of valid judgment.

1. Authority to hear and decide the case

2. Jurisdiction over the parties and subject

Promulgation of judgment – a decision is published, officially announced, made known to the public or delivered to
the clerk of court for filing, coupled with notice to the parties of their counsel.

The power to amend a judgment is inherent in the court before judgment becomes final and executory.

Interlocutory order

Does not finally terminate or dispose of the case completely but leaves something to be decided upon by the
court. Its effects are merely provisional in character and substantial proceedings have to be further conducted by the
court in order to finally resolve the issue or controversy. (Republic v. Heirs of Oribello, Jr., 692 SCRA 645)

When judgment becomes final

- When it disposes of a case in a manner that leaves nothing to be done by the court in respect thereto; it has the
effect of ending the litigation and an aggrieved party may then appeal from the judgment.

- Under Rule 41, Sec 1, of the Rules of Court, an appeal may be taken from a judgment or final order that
completely disposes of the case. Under the same rule, an appeal cannot be taken from an interlocutory order (Sec.
1[b], Rule 41)
 - A final order is one which disposes of the subject mater in its entirety or terminates a particular proceedings or
action, leaving nothing else to be done but to enforce by execution what has been determined by the court.

When does judgment becomes final and executory

1. When the period for perfecting an appeal has lapsed.

2. Partial or total service of sentence
3. When accused expressly waives in writing his right to appeal
4. When accused applies for probation

Effects of finality of judgment.

1. The prevailing party is entitled to execution as a matter of right

2. Immutability of judgment (conclusiveness of judgments) – a judgment that has attained finality can no
longer be disturbed and altered 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 violated this principle must be immediately struck.
((Arra Realty Corp. v. International Corp., 636 SCRA 339)

3. Res judicata – requisites:

a. the former judgment is final

b. it has been rendered by a court of competent jurisdiction
c. it is a judgment on the merits – when it amounts to a declaration of the respective rghts and duties of
the parties based upon the disclosed facts.
d. between the first and the second actions, there is identity of parties, subject matter and cause of action.
(Pilar Development Corporation v. CA, G. R. No. 155943, august 19, 2013)

Two aspects – VERY IMPORTANT

a. bar by prior judgment – the judgment or final order is a bar to the prosecution of a subsequent action
based in the same claim or cause of action
b. conclusiveness of judgment – issues actually and directly resolved in a former suit cannot again be
raised in any future case between the same parties involving a different cause of action. (National
Housing Authority v. Baello, G. R. No. 200858, August 7, 2013; San Pedro v. Binalay, 468 SCRA 47)

General rule: A final and executory judgment can no longer be modified – IMMUTABILITY OF JUDGMENT

Exceptions:

1. Corrections of clerical errors

2. Nunc pro tunc – (now for then) – to record some act of the court done at a former time which was not then
carried into the record, and the power of a court to make such entries is restricted to placing upon the record
evidence of judicial action which has been actually taken. (Briones-Vasquez v. CA, 450 SCRA 482)

3. Clarify ambiguity

4. Whenever circumstances transpire after the finality of the decision rendering its execution unjust and
inequitable. (Apo Fruits Corp. v. Landbank of the Phil., 647 SCRA 207)

5. Void judgment (Apo Fruits Corp. v. Landbank of the Phil., 647 SCRA 207)

6. Support which can always be amended from time to time

 In the Apo case, the Supreme Court reversed its own judgment on a second motion for reconsideration and
even on a third motion for reconsideration. In some cases, it recalled the entries of judgments after finding that doing
so was in the interest of justice

Conflict between the dispositive portion and the body of the decision, the former shall prevail unless there is a
clear mistake in the dispositive portion as can be gleaned from the body or the explicit and settlement of the issue is
found in the body.

Stare decisis – when the Supreme Court has laid down a principle of law applicable to a certain facts, it will adhere
to that principle and apply it to all future cases where the facts are substantially the same. Aquino v. PPA, G. R. No.
181973, April 17, 2013

Obiter dictum – is an opinion expressed by a court, which is not necessary to the decision of the case before it. Delat
Motors v. CA, 276 SCA 212. It is neither enforceable as a relief nor a source of judicially actionable claim
Republic v. Nolasco, 457 SCRA 400. It is a remark made or opinion expressed by a judge in his decision upon a
cause that is incidentally or collaterally and not directly upon the question before him

Judgment upon a compromise

- judgment rendered by the court on the basis of a compromise agreement entered into by the parties.

- a compromise if perfected by mere consent, manifested by the meeting of the offer and the acceptance
upon the thing and the cause which constitutes the contract and does not need a judicial approval for its
perfection. (Villaluz v. Ligon, 468 SCRA 486)

- if not contrary to law, public order, public policy morals and good custom, it is a valid contract which
is the law between the parties themselves. It has upon the effect and authority of res judicata even if not
judicially approved, and cannot be lightly set aside or disturbed except for vices of consent and forgery.
(Article 2037, NCC; Catedrilla v. Lauron, G. R. No. 179011, April 11, 2013)

- substantive law does not require a court approval for the res judicata effect of compromise agreement
to attach. However, there shall be not execution of the compromise agreement except in compliance
with a judicial compromise. (Catedrilla, supra)

- once approved by the court, a judicial compromise is not appealable and it thereby becomes
immediately executory but only to those who are bound by the compromise and, and on the assumption
that they are the only parties to its compliance and the fulfillment by the parties of their respective
obligations thereunder. (Domingo v. CA, 255 SCRA 189)

- if one of the parties refuses to abide by the compromise, the other party may either enforce the
compromise or regard it as rescinded and insist upon his original demand. (At. 2041, NCC; Diamond
Builders Conglomeration v. Country Bankers Corp., 540 SCRA 194)

- to assail a judgment by compromise, there must be a proper motion to set aside the compromise on the
ground that the compromise agreement was obtained either by fraud, violence intimidation, falsity of
documents, or some other vices of consent (Cadano.v. Cadano, 49 SCRA 33; Art. 2038, NCC), but if
the motion is denied, it cannot be appealed (Sec. 1 (d), Rule 41)

- when the compromise is not judicial and is a result of the contract between the parties, the proper
remedy is an action to annul the compromise. A compromise agreement obtained by fraud, mistake,
fraud, violence, intimidation, undue influence, or falsity of documents is subject to the provision of Art.
1330 of the Civil Code which declares the contract as voidable ad is subject to annulment. (Art. 2038,
NCC)
 POST JUDGMENT REMEDIES

a. Before a judgment becomes final and executory:

1. Motion for Reconsideration (Rule 37)

2. Motion for New Trial (Rule 37)

3. Appeal

a. FLC-RTC (Rule 40)

*ordinary appeal – file a notice of appeal within 15 days

b. RTC to

1. CA – RTC in the exercise of original jurisdiction

*ordinary appeal – file a notice of appeal (15 days)

*record on appeal is required (30 days)

- file a notice of appeal and a record on appeal

- special proceedings and in other cases of multiple or separate appeals. (Sec. 3, Rile 40)

- multiple or separate appeals are required

2. CA – RTC in the exercise of its appellate jurisdiction

Petition for Review under Rule 42

3. SC - pure question of law - appeal by certiorari or PRC under Rule 45

b. After Judgment becomes executory:

1. Petition for Relief from Judgment

2. Annulment of Judgment

Rule 37
New Trial or Reconsideration

When to file? Within 15 days from receipt by the counsel of the party, if he is represented by a lawyer, or by the
party himself if not, of the judgment or final order appealed from. Notice to the party who is represented by a
counsel is a nullity (Heirs of Mendoza v. CA, G.R. No. 170247, Sept. 17, 2008)

- The timely filing of an MR and MNT interrupts the period of appeal. (Sec. 2, Rule 40; Sec. 3, Rule 41, Rules
of Court)

- No motion for extension of time to file a MR or MNT shall be allowed. (Sec. 2, Rule 40; Sec. 3, Rule 41,
Rules of Court)

Motion for Reconsideration and Motion for New Trial are prohibited for cases covered by the Rules on
Summary Procedure and Rules of Procedure on Small Claims.
Section 1. Grounds and period of filing motion for new trial and reconsideration. (Memorize)

1. Grounds for Motion for Reconsideration.

a. Award of excessive damages.

b. Evidence is insufficient to justify the decision
c. The decision or order is contrary to law.

Pro-forma MR

a. if it does not satisfy the requirement of the rules and intended to delay the proceedings.
If it does not specify the findings and conclusions in the judgments alleged to b
b. contrary to law or not supported by evidence.
c. It failed to substantiate the alleged errors.
d. It was a second MR which is a prohibited pleading.
e. The adverse party was not given a notice of the motion.

*Effect – It does not interrupt the running of the period to appeal.

*The “Single Motion Rule” – A party shall not be allowed to file a second motion for reconsideration (Sec. 5, Rule
37)

*A second motion for reconsideration directed against an amended decision that totally reversed and set side a
previous ruling is not prohibited. (See, Riano, The BAR Lecture Series, Volume 1, 2014, p. 633)

1. Grounds for New Trial

a. Extrinsic (not intrinsic) Fraud and supported by affidavit of merit

*Extrinsic fraud - connotes fraudulent scheme executed by the prevailing party outside of the trial against the
losing party who because of such fraud is prevented from presenting his side of the case (ex. preventing his
witness from testifying)

*Intrinsic fraud – acts of the party during the trial which does not affect the presentation of the case (ex.
presentation of a forged promissory note)

b. Mistake of facts (generally) and of law and supported by affidavit of merit

c. Negligence - excusable and generally imputable to the party supported affidavit of merit

*Negligence of the counsel is binding upon the client

Exceptions:

1. When the gross negligence of the counsel deprives the client of due process of law.

2. When the application of the rule will result in the outright deprivation of client’s liberty or property.

3. Interest of justice so requires

d. Newly discovered evidence – (Berry Rule in the case of Berry v. State decided in 1851)

Requisites: (a) discovered after trial, (b) could not have ben discovered and produced at the trial despite
reasonable diligence, (c) would probably alter the result. (d) Supported by affidavits of the witnesses from
 whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be
introduced in evidence. (Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011)

*Newly discovered evidence need not be newly created evidence. It may and does commonly refer to evidence
already in existence prior or during the trial but which could not have been secured and presented during the trial
despite reasonable diligence on the part of the litigant (Tumang v. CA, G. R. No.s82346-47, April 17, 1989)

A Motion for New Trial:

a. Based on FAME and accompanied by affidavit of merit which shall state

1. The nature and character of FAME

2. The facts constituting the movant’s good and substantial defense or valid cause of action; and
3. The evidence which he intends to present if his motion is granted.

b. Based on newly discovered evidence – must contain the affidavits of witnesses or duly authenticated
documents.

*Non-compliance with the foregoing requirement will reduce the motion to a mere pro forma motion and will
not toll the reglementary period to appeal. (Marikina Development Corp. v. Flojo, G.R. No. 110801 December
8, 1995)

The motion for reconsideration and new trial are litigious motions under Section 5, (3, 4) Rule 15. Note
that under Rule 15, the requirements of 3-day notice and hearing of the motion were already abolished as the
opposing party has to file his/her opposition to a litigious motion within 5 calendar days from receipt thereof
and the Court has to resolve the same within 15 days from receipt of the opposition or expiration of the 5-day
period. But the Court can hear the litigious motion exercising its discretion when it finds that there is a need
to under Section 6, Rule 15.

Section 5. Second motion for new trial – may be allowed.

Second motion for reconsideration – not allowed.

Remedy against order denying the MR or MNT

1. File a 2nd MNT based on grounds not existing or available when the firs MNT was filed

2. Appeal from the judgment or final order from receipt of the denial of the MR or MNT and not
certiorari under Rule 65

“Fresh period rule” – If the motion for reconsideration or new trial is denied, movant has a “fresh period” of 15
days from receipt denying or dismissing the motion.

This “fresh period rule” applies to Rule 41 (appeals from the RTC), Rule 40 (appeals from the MTC to RTC), Rule
42 (petitions for review from RTC to CA), Rule 43 (appeals from quasi-judicial agencies to the CA), and Rule 45
(appeal by certiorari or petition for review on certiorari (PRC) to the SC) (See. Neypes v. CA, G.R. No. 141524,
September 14, 2005)

The “fresh period rule” applies also to criminal cases (Yu v. Samson-Tatad, G. R. No. 170979, February 9, 2011)

Effects of granting of motion for new trial

 *the original judgment is vacated and the action stands for trial but the recorded evidence taken upon the former
trial so far as the same is material and competent to establish the issues, shall be used as the new trial taking the
same.

Rule 38
Relief from Judgments, Orders or Other Pleadings

*Judgment is already final and executory

- A petition for relief from judgment is the proper remedy of a party seeking to set aside a judgment
rendered against him by a court whenever he was unjustly deprived of a hearing or was prevented from taking an
appeal, in either case, because of fraud, accident, mistake or excusable neglect. The petition for relief should be filed
within 60 days after the petitioner learns of the judgment or order, or other proceeding to be set aside, and not more
than six months after such judgment. Both periods must concur and are not extendible and never interrupted. Strict
compliance with these periods stems from the equitable character and nature of the petition for relief. Indeed, relief
is allowed only in exceptional cases as when there is no other available or adequate remedy.  A petition for relief is
actually the “last chance” given by law to litigants to question a final judgment or order.  Failure to avail of such
“last chance” within the grace period fixed by the Rules of Court is fatal. (Quelnan v. VHF Philippines, G.R. No.
138500, September 16, 2005.)

Section 1. Petition for relief from judgment, order or other proceedings.

 When judgment or final order is entered or any other proceeding taken against the petitioner through
FAME

Section 2. Petition for relief from denial of appeal.

*When the petitioner was prevented from taking an appeal through FAME.

These are equitable remedies and allowed only in exceptional cases where there is no other remedy available.

Section 3. Time for filing petition; contents and verification

a. Two periods – within 60 days after the petitioner learned about the judgment, etc. and not more than 6
months after such judgment, etc. was entered or such proceeding was taken.

* Sec. 2, Rule 36 – the entry of judgment is the physical act performed by the clerk of court in entering the
dispositive portion of the judgment in the book of entries of judgment after the same has become final and
executory.

* the date of entry of judgment is the date when the judgments becomes final and executory regardless of
the date when the physical act of entry was done.

b. Affidavit of FAME.

c. Facts of petitioner’s good and substantial cause of action or defense.

d. Petition must be verified.

 a pleading is verified by an affidavit which states that: (a) the affiant has read the pleading, and (b) the
allegations therein are true and correct of his personal knowledge and belief or based on authentic
records (Sec. 4, Rule 7, Rules of Court as amended by A.M. No. 00-2-10, May 1, 2000)
 lack of verification will treat the pleading as not having been signed and dismissible. (Chua v. Torres,
468 SCRA 358)
  it is only a formal and not jurisdictional requirement (Benguet Corp. v. Cordilla Caraballo, Mission,
Inc., 469 SCRA 381)
 it can be cured by requiring an oath. (Pampanga Sugar Dev., Inc., v. NLRC, 272 SCRA 737)

Section 4. Order to file answer.

Section 6. Proceedings after answer is filed

*Two hearings:

a. Hearing to determine whether the judgment shall be set aside; and

b. If it is, a hearing on the merits of the case.

-Petition for relief from judgment is not an available remedy in the Court of Appeals. (Purcon v. MRM Philippines,
et al., G.R. No. 182718, September 26, 2008)

Rule 39
Execution, Satisfaction and Effects of Judgment

Section 1. Execution upon judgment or final orders.

1) Matter of right – upon the expiration of the period to appeal and no appeal has been taken. Once a judgment
becomes final and executory, the prevailing party can have it executed as a matter of right and the issuance of a writ
of execution becomes the ministerial duty of the Court (Buaya v. Stronghold Insurance Co., Inc. 342 SCRA 576)
except in certain cases, as when subsequent events would render execution of judgment unjust (Mangahas v.
Paredes, G.R. No. 157866, February 14, 2007)

Execution shall issue on motion (Sec. 1, Rule 39), even in judgments which are immediately executory (Lou v.
Siapno, 35 SCRA 181) and shall contain a notice to the adverse party (SC Circular No. 24-94; Pallada v. RTC of
Kalibo, Aklan, Branch I, 304 SCRA 440).

Motion for the issuance of a writ of execution is a non-litigious motion under Section 4 (d), Rule 15, 2019
Rules of Civil Procedure)

Where to file the motion - court of origin even in appealed cases.

Lifetime of the writ of execution – The writ shall continue in effect during the period within which the
judgment may be enforced by motion. (Sec. 14, Rule 39); that is, within the 5-year period from entry of
judgment.

- appeal has been duly perfected and finally resolved, the motion for execution shall be filed with the
court of origin and the judgment obligee shall submit true copies of judgment or final order and of the
entry thereof, with notice to the adverse party.

- there is no need to wait for the records of the case to be remanded from the appellate court.

- the appellate court, in the interest of justice and on motion by the judgment obligee, direct the court of
origin to issue the writ whether the record is still with the appellate court or already remanded to the
court of origin.

Section 2. Discretionary execution.

 2) Matter of discretion – when the period to appeal has not yet expired

a. When the trial court has not yet lost jurisdiction AND is in possession of the original records or /the record
on appeal, the motion for execution shall be filed in the said court.

b. When the trial court has already lost its jurisdiction, the motion shall be filed in the appellate court.

Discretionary execution MAY only issue upon GOOD REASONS to be stated in a special order after due
hearing.

The Court of Appeals has no authority to issue immediate execution pending appeal of its OWN decisions
therein. Discretionary execution is allowed pending appeal of a judgment or final order of the trial court upon good
reasons to be stated in a special order. A judgment of the CA cannot be executed pending appeal. Once final and
executory, the judgment on appeal must be remanded to the lower court, where a motion for execution may be filed
only after its entry. (Heirs of Justice JBL Reyes, et al. v. CA, et al., G.R. Nos. 135180-81 and 135425-26, Aug. 16,
200)

3) Differentiate this from Sections 19 & 21 of Rule 70.

Sec. 19, Rule 70 – Immediate execution of judgment against the defendant in ejectment cases unless:

1.) an appeal has been perfected (that is, by filing a notice of appeal and paying the appellate court’s docket
fee within 15 days from notice of the judgment);

2.) defendant filed a sufficient supersedeas bond approved by the MTC executed in favor of the plaintiff to
pay the Rent, Damages and Costs; and

3.) periodic deposit of the rentals falling due during the pendency of the appeal.

The order for the issuance of a writ of execution to immediately enforce the judgment of the inferior court is
interlocutory and not appealable (De Po v. Moscos, 39 Phil. 427) Notice of the motion for execution to the adverse
party is necessary to afford the latter to stay the execution. (Kaw v. Anunciacion, Jr., etc., et al., A.M. No. MTJ-93-
811, March 1, 1995)

Immediate execution is proper if the judgment is in favor of the plaintiff. If the judgment is in favor of the
defendant with an award for damages under his counterclaims, such judgment is not immediately executory and can
be executed only after the lapse of the 15-day period to appeal without the plaintiff having perfected an appeal.

In the execution of judgment in ejectment cases, the provisions of Sec. 10 (d) to the effect that no improvement
shall be destroyed, demolished or removed except upon special order of the court is to be observed. ( Fuentes , et al.,
v. Leviste, et al., L-47363, Otc. 28, 1982.

Sec. 21, Rule 70 – Immediate execution on appeal to CA or SC of the decision of the RTC and cannot be stayed by
the mere continuing deposit of the monthly rentals by the dispossessor during the pendency of the case in the CA or
SC. (Northcastle Properties & Estate Corp. v. Judge Paas, AM. No. MTJ-99-1206, Oct. 22, 1999.) It is thus
ministerial duty of the RTC, as appellate court, to immediately execute its decision.

When can writ of execution be refused even if the judgment or order has become executory already?

a. When judgment has already been satisfied by the voluntary act of the parties;
b. Novation (like compromise agreement);
c. When execution sought more than 5 years from its entry without the judgment having been revived.
(Cunanan v. CA, 25 SCRA 263)

When is quashal of a writ of execution proper?

 a. when the writ of execution varies the judgment.
b. exempt property.
c. writ of execution improvidently issued.

1. Can the court still amend a final judgment?

Section 3 – How to stay discretionary execution

-posting by the party against whom the discretionary execution is directed of sufficient supersedeas bond
approved by the court conditioned upon the performance of the judgment or order allowed to be executed

Section 5. Effect of reversal of executed judgment.

- the trial court, on motion, issue orders to restitute or repair as equity and justice may demand.

Section 6. Execution by motion or by independent action.

a. By motion – within five years from the date of entry – the date of finality of the judgment or final order is
the date of entry (See, Section 2 Rule 36; Jacinto etc. v. IAC, et al., G.R. No. 66478, Aug. 28, 1988)

b. By filing an action for revival of judgment – after 5 years and within 10 years from entry of judgment,
otherwise barred by the statute of limitations.

c. The revived judgment may also be enforced by motion within 5 years from the date of its entry (finality)
and thereafter by an independent action before it is barred by the statute of limitations.

Failure to object to a writ of execution issued after 5 years from final judgment does not validate the writ, as the
question of jurisdiction of the court is involved and jurisdiction cannot be conferred by the will of the parties (Ramos
v. Garciano, April 29, 1969; Sabulao v. Delos Angeles, et al., May 29, 1971.)

If a judgment is based upon a compromise agreement, it is immediately executory and prescription runs from its
rendition and not from the date of entry. (Jacinto, etc., v. IAC, et al., G.R. No. 66478, Aug. 28, 1988)

Exceptions to this section:

1. Judgment for support which do not become dormant and which can always be execution by motion except
those for support in arrears beyond ten years from the date they become due.

2. Contempt orders by reason of unauthorized reentry on the land by the ejected defendant.

3. Issuance of writs of possession in foreclosure cases within the statute of limitations

4. Special proceedings such as land registration cases, hence, the right to ask for a writ of possession therein
never prescribes.

Section 7 – Execution in case of death of party

a. Death of the judgment obligee – upon the application of his executor or administrator

b. Death of the judgment obligor –

1. Before levy:

a. recovery of real or personal property or enforcement of lien –

execution will issue
 b. recovery of sum of money – will not issue and the judgment oblige should file an
action against the estate of the judgment obligor

2. After levy - execution will issue, even in money judgment, and the property levied will be
sold at public auction for the satisfaction of the judgment

Reason – after a valid levy, the property is already separated from the estate of the deceased and is deemed
in custodial legis

LEVY – is an act by which an officer sets apart or appropriates a part or whole propetyy of the judgment
debtor for purposes of the execution sale. (Fiestan v. CA, G.R. No. 81552, March 28, 1990)

- is a pre-requisite to the auction sale. In order that an execution sale may be valid, there must be a valid
levy. A sale not preceded by a valid levy is void and the purchaser acquires no title. (Valenzuela v. De
Aguilar, G.R. No.L-18083-84, may 31, 1963)

- may be done only if the judgment obligor cannot pay all or part of the obligation in case, certified bank
check, or through other modes acceptable to the prevailing party. If payment can be don, a levy is not
necessary. (Villarin v. Munasque, G.R. No. 16,9444, September 17, 2008)

How levy is made

1. Real property – filing the with the Register of Deeds a copy of the order together with the description
of the property and a notice that it is attached (ROC RULE 57, Sec. 7 (a)

2. Personal Property - if capable of manual delivery, by taking ad safely keeping it in the custody of the
sheriff after issuing the corresponding receipt therefor ROC, RULE 57, Sec. 7(b)

GARNISHMENT – is an act of appropriation by the court when the property of the judgment debtor is in the hands
of a third person.

Procedure for garnishment

a. Sheriff serves a notice upon the person owing such debts (garnishee)
b. The garnishee shall make a written report to the court within 5 days stating whether or not the
judgment obligor has sufficient fund
c. The garnished amount shall be delivered directly to the judgment oblige within 10 days from
service of notice.

Section 10 – Execution of judgment for specific acts

a. Conveyance, delivery of deeds, or other specific acts; vesting title

b. Sale of real or personal property
c. Delivery or restitution of real property (Important)

- a writ of execution directing the sheriff to cause the defendant to vacate is in the nature of a habere
facias possessionem and authorizes the sheriff to break open the premises where there is no occupant
therein. (Arcadio v. Ylagan, AC. No. 2734, July 30, 1986)

- A special “break-open” order is provided for in ROC, RULE 39, Section 10 [d]

d. Removal of improvements on property subject of execution

e. Delivery of personal property

Section 16 – Proceedings where property claimed by third person

Remedies of a third party:

a. Summary hearing before the court which authorized the execution

b. Terceria or third party claim with the sheriff
c. Action for damages on the bond posted by judgment creditors
d. Independent reivindicatory action

Sec. 47 Effect of judgment or final order – res judicata

Two aspects of res judicata

1. Res judicata proper - bar by former judgment or direct estoppel by judgment.

*it covers paragraphs (a) and (b) of Rule 47

2. Conclusiveness of judgment – also known as estoppel by verdict, or estoppel by record, or collateral

estoppel by judgment or preclusion of issues.

*it covers paragraph (c) of Rule 47

Requisites for res judicata (bar by prior judgment)

1. A final judgment or order - beyond the power of the court to alter (Hubanib v. Insular Drug)

2. Jurisdiction over the subject matter and the parties by the court rendering the judgment - if the court has no
jurisdiction over the subject matter or did not acquire jurisdiction over the parties, judgment is void and a
void judgment does not attain finality (Republic Planter’s Bank v. Molina)

3. Judgment upon the merits - it was rendered after a consideration of the evidence or stipulations submitted by
the parties at the trial of the case;

General rule:

-Dismissal without a trial is not an adjudication upon the merits

Exceptions:

a. Dismissal with prejudice on the ground of willful and deliberate forum shopping (2019 ROC, RULE 7,
Sec. 5
b. Dismissal with prejudice on the ground of res judicata, etc. (2019 ROC, Rule 6, Section 5 (b)
c. Second order of dismissal on notice of the plaintiff (2019 ROC, Rule 17, Section 1)
d. Dismissal with prejudice for failure to comply with the Rules of order of the Court (2019 ROC Rule
17, Sections 5 and 6)
e. Dismissal with prejudice for failure to attend at pre-trial or submit a pre-trial brief (2019 ROC, Rule
18, Sections 2 and

4. Between the two (2) cases

a. identity of parties

b. identity of subject matter

c. identity of cause of action

Note: No res judicata in the following:

1. Revival of judgment – cause of action is for revival of judgment

2. Annulment of judgment – cause of action is extrinsic fraud or lack of jurisdiction; subject matter is the
judgment itself

Doctrine of immutability of judgment – once a judgment attains finality, it thereby becomes immutable
and unalterable. The decisions of the court must at some definite period of time, no matter how erroneous a
judgment may be. Otherwise, there would be no end to litigation

Exceptions – See discussions under Rule 36

Sec. 48 – Effect of foreign judgment or final order –

a. foreign judgments in actions in rem - conclusive upon the title to the thing.

b. foreign judgment in actions in personam – presumptive evidence of a right as between the parties and their
successors in interest.

The judgment of a foreign tribunal cannot be enforced by execution in the Philippines. Such judgment only creates
a right of an action and its non-satisfaction, a cause of action, and it is necessary that a suit be brought upon said
foreign judgment in our local courts. (Perkins v. Benguet Consolidated Mining Co., et al., 93 Phil. 1035)

Defenses against foreign judgment

1. Evidence of want of jurisdiction

2. Evidence of want of notice to the party;
3. Collusion, fraud or clear mistake of law or fact (Asiavest Merchant Bankers (M) Berhardv. CA, et al., G.R.
No. 110263, July 20, 2001)

APPEALS

*Only judgments or final orders that completely disposes of the case can be appealed from. Interlocutory order
is not appealable until after the finality of the judgment on the merits.

*Issues that may be raised on appeal. Appellant cannot change his theory of his case for it will violate the
principle on due process.

*Where judgment or final order is not appealable, the aggrieved party may file the appropriate special civil action
under Rule 65 (Crisologo v. JEWN Agro-Industrial Corp. G. No. 196894, March 3, 2014)

a. Civil cases –

1. Only errors stated in the assignment of errors.

2. Questions of law or fact that has been raised below.
3. Defenses not pleaded in the answer may not be raised for the first time on appeal.

*A question that was never raised in the courts below cannot be allowed to be raised for the first time on appeal
without offending basic rules of fair play, justice and due process (Bank of Commerce v. Serrano, 451 SCRA 484)

*Issues raised for the first time on appeal are barred by estoppel. (Akang v. Municipality of isulan, G.R. No.
186014, June 26, 2013)
*
Exceptions – even if not raised, appellate court can consider errors:

1. That affects the jurisdiction over the subject matter.

2. That affects the validity of the judgment appealed from.
3. That affects the proceedings.
4. Closely related to or dependent on an assigned error and properly argued in the brief (See, Heirs of
Marcelino Doronjo v. heirs of Fortunato Doronio, 541 SCRA 479)
5. Which the High Court finds that their consideration is necessary in arriving at a just decision of
the case. (Dumo v. Espinas, G.R. No. 141962, January 25, 2006; Asian Terminal, Inc., v. NLRC,
541 SCRA 105 (2007))

b. Criminal cases –

Accused throws open the whole case for review and it is the duty of the SC to correct any error as may be
found in the appealed judgment whether assigned or not. (Dico v. CA, G.R. No. 141669, February 28,
2005; Abedes v. CA, 536 SCRA 268; People v. De la Torre, G.R. No. 176637, October 6, 2008)

Payment of docket fee within the prescribed period is both mandatory and jurisdictional for the perfection of
an appeal. Without such payment, the appellate court does not acquire jurisdiction over the subject matter of the
action and the judgment sought to be appealed from becomes final and executory. (Regalado v. Go, G.R. No.
167988, February 6, 2007) But this rule must be qualified, to wit:

1. First, the failure to pay appellate court docket fee within the reglementary period allows only discretionary
dismissal, not automatic dismissal, of the appeal; and

2. Second, the power to dismiss an appeal for failure to pay the appellate court docket fee should be used in
the exercise of the Court’s sound discretion “in accordance with the tenets of justice and fair play and with
great deal of circumspection considering all the attendant circumstances. (Republic v. Sps. Luriz, G.R. No.
158992, January 26, 2007)

How to appeal:

Ordinary Appeal – file a notice of appeal with the Court that rendered the judgment or final order within 15
days from receipt of the said judgment or order and serve a copy thereof to the adverse party.

When a record on appeal is required – file a notice of appeal AND record on appeal with the Court that
rendered the judgment or final order sought to be appealed with in 30 days from receipt thereof and serve a copy
thereof to the adverse party.

Take Note: Record on appeal is required only in special proceedings and in cases of multiple or separate appeals.
(Sec. 2(a), rule 41)

Ex. Expropriation proceedings which have two stages:

1. Determination of the lawful right of the plaintiff to take the property sought to be expropriated
culminating in an order of expropriation. This order may be appealed by any party. (Tan v. Republic,
523 SCRA 203)

2. Determination of the just compensation. A second or separate appeal can be taken. (See, Tan v.
Republic, supra)

Perfection of the appeal:

a. Notice of appeal – Upon the filing of the notice of appeal in due time.
 b. Record on appeal – approval of the record on appeal in due time.

Rule 40
Appeal from MTC to RTC

Sec. 1 Where to Appeal –

- MTC to RTC exercising jurisdiction over the area to which the lower court pertains.

Sec. 2. When to appeal

- 15 days from notice of judgment or order.

- 30 days from notice of judgment or order.

Period to appeal is interrupted by a timely motion for new trial or reconsideration.

No motion for extension to file a motion for new trial or reconsideration is allowed.

Sec. 3. How to appeal

- file a notice of appeal which shall state the “material data rule” which is jurisdictional.

 perfected upon the filing of the notice of appeal in due time.

- file a notice of appeal and a record on appeal which shall be required only in special proceedings
and in other cases of multiple (See, Rule 109)or separate appeals. A motion for extension to file a
record on appeal is allowed (See, Roque v. Gunigundo, 89 Phil. 178, 183)

* perfected with respect to the subject matter thereof upon the approval of the record on
appeal in due time (Sec. 4, Rule 40 in relation to Sec. 9, Rule 41, Rules of Court)

- A record on appeal is required only in special proceedings and in cases of multiple ot separate appeals
(Sec. 3, Rule 40, Rules of Court)

Sec. 7 Failure of the appellant (not appellee) to file a memorandum shall be a ground for dismissal of the appeal.
(See, (b) last sentence)

Sec. 8. Appeal from orders dismissing case without trial; lack of jurisdiction

1. MTC dismissed the case without trial on the merits

RTC on appeal may:

a) affirm as it has jurisdiction– it shall try the case on the merits as if originally filed with it
b) reversal as it has no jurisdiction – remand the case to the MTC for further proceedings

2. MTC dismissed the case with trial on the merits

RTC on appeal shall:

a.) Decide it if it has jurisdiction without prejudice to the admission of amended pleadings and
additional evidence in the interest of justice

Rule 41
 Appeals from the Regional Trial to the CA

Three modes of appeal from the decision of the RTC

1. Ordinary appeal of appeal by writ of error.

 Judgment was rendered by the RTC in the exercise of its original jurisdiction.
 Governed by Rule 41
 Taken to the CA on questions of fact or mixed questions of fact and law.

2. Petition for review

 Judgment is rendered in the exercise of its appellate jurisdiction.

 Governed by Rule 42
 Brought to the CA on questions of fact, questions of law, or mixed questions of fact and law.
(QC v. ABS-CBN, G.R. No. 166408, October 2, 2008)

3. Petition for review on certiorari or appeal by certiorari

 Judgment is rendered in the exercise of its original jurisdiction

 Taken to the SC
 Pure questions of law. (Sec. 2,Rule 41, Rules of Court; Five Star Marketing Corp. v. Booc, 535
SCR A 28; QC v. ABS-CBN, G.R. No. 166408, October 6, 2008.

Residual jurisdiction – authority of the trial court to issue orders for the protection and preservation o the rights
of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of
indigent litigants, order execution pending appeal in accordance with Sec. 2, Rule 39, and allow the withdrawal of
the appeal provided the record has not yet been transmitted.

- it is available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the
subject matter involved in the appeal. There is no residual jurisdiction to speak of where no appeal or petition has
even been filed. Fernandez v. CA 458 SCRA 454)

Rule 42
Petition for Review from the RTC to CA

 Judgment is rendered in the exercise of its appellate jurisdiction.

 Governed by Rule 42
 Brought to the CA on pure questions of fact, or mixed questions of fact and law. (QC v. ABS-
CBN, G.R. No. 166408, October 2, 2008)

When to appeal:

Within 15 days from notice of the decision or denial of the MR or New Trial. An extension of 15 days to file the
verified petition may be allowed by the CA.

How to appeal:

File a verified petition for review with the CA, pay the fees, and furnishing copies the RTC and the adverse
party

“Material data rule” – the petition shall indicate the specific material dates showing that the petition was filed on
time.
 Rule 43
Appeals from Quasi-Judicial Bodies
(See the enumeration)

How appeal is taken:

- By filing a verified petition for review with the CA

When to appeal:

- 15

Questions to be raised:

- Question of fact or mixed

Not included in the enumerated quasi-judicial bodies:

Appeal from the NLRC – after receipt of the denial of the MR file a petition for certiorari within 60 days with
the CA under Rule 65. (A.M. No. 99-2-01-SC; See, St. Martin Funeral Homes v. NLRC)

Appeal from the Sandiganbayan – to the Supreme Court under Rule 45 raising pure questions of law and not
under Rule 65. This applies if the penalty is not reclusion perpetua, life imprisonment or death.

Appeal from the CTA –

a. Order, judgment or resolution of a Decision of a Division of the CTA – petition for review with the
CTA en banc.

b. Order, judgment or resolution of a Decision of CTA en banc – verified petition or review on certiorari
under Rule 45

Review of judgments of the COMELEC – Supreme Court on certiorari under Rule 65 within 30 days
from notice.

Review of judgment of the COA - Supreme Court on certiorari under Rule 65 within 30 days from notice.

Appeals from the judgment of the CSC – to the CA under Rule 43.

Appeals from judgments of the Office of the President – to the CA under Rule 43.

Rule 45
Appeal by certiorari or petition for review on certiorari

a. Applies to:
in criminal cases where the penalty imposed is death, reclusion perpetua of life imprisonment (Sec. 9, Rule 45)
1. Appeal from a judgment or final order of the RTC in the exercise of its original jurisdiction and only pure
question of law are involved or raised.
2. Appeal from the judgment, final order, or resolution of the CA where the petition raises only questions of law
distinctly set forth. (Sec. 1, Rule 45, Rules of Court.)
3. Sandiganbayan on pure questions of law (Sec. 1, Rule 45)
4. CTA en banc (Sec. 11, RA 9282; Sec. 1, Rule 45 as amended by AM No. 07-7-12-SC)
5. Judgment or final order in a petition for writ of amparo to the SC, on pure questions of law, questions of fact or
mixed. (A.M. No.07-9-12-SC, Rule on Writ of Amparo, (Sec 19)
6. Judgment or final order in a petition for writ of habeas data on pure questions of law, fact or both. (A.M. 07-9-
12-SC, Rule of the Writ of Habeas Data (Sec. 19)

b. Applies to both civil and criminal cases except in criminal cases when the penalty is D/RP/LI

The petition shall raise only questions of law.

Exceptions:

1. Conclusion of the CA is grounded entirely on speculations, conjectures and surmises;

2. Inference is manifestly mistaken, absurd or impossible; Grave abuse of discretion;
3. Misapprehension of facts;
4. Findings of facts are conflicting

Principal distinctions between Rule 45 and Rule 65

***Bonus question on the mid-term examination. (Memorize)

Since it raises essentially questions of fact, this assignment of error must be dismissed for it is settled that only questions of law
may be reviewed in an appeal by certiorari. Heirs of Clemente Ermac v. Heirs of Vicente Ermac, 451 Phil. 368, 377
(2003).

There is a question of law when there is doubt as to what the law is on a certain state of facts. Questions of law can be resolved
without having to re-examine the probative value of evidence presented, the truth or falsehood of facts being admitted. (New Regent
Sources, Inc. v. Tanjuatco, Jr., G.R. No. 168800, April 16, 2009, 585 SCRA 329, 335)

Rule 65
Certiorari

Supervisory or superintending writ, this remedy is availed of to annul or modify the proceedings of a tribunal, board
or officer exercising judicial or extrajudicial functions which has acted without or in excess of jurisdiction, or with
grave abuse of discretion amounting to lack of jurisdiction.

For this petition to prosper, it is necessary to allege and to show that there is no more appeal, or any other plain,
speedy, and adequate remedy in the ordinary course of law.

If appeal is available, certiorari is not the remedy unless that appeal is not speedy, or adequate. (See, Landbank v.
CA, 409 SCRA 455)

The task of the court in certiorari proceeding is to determine whether the lower court committed grave abuse of
discretion (Marcopper Mining v. Solidbank Corp., G.R. No. 134049, June 17, 2004). Its function is to raise only
question of jurisdiction and no other . It cannot be used for any other purpose. (Landbank v. CA, 409 SCRA 455)

The sole object of the writ is to correct errors of jurisdiction or grave abuse of discretion.

“Grave abuse of discretion” has a precise meaning in law, denoting abuse of discretion too patent and gross to
amount to an evasion of a positive duty, or a virtual refusal to perform the duty enjoined or act in contemplation of
law, or where the power is exercised in an arbitrary and despotic manner by reason of passion and personal hostility.

It does not encompass an error of law. Nor does it include a mistake in the appreciation of the contending parties’
respective evidence of the evaluation of their relative weight.

Petitioner has to first file a MR except:

Material data rule

 - the three dates to be stated in a petition for certiorari
a. date of receipt of the notice of judgment, final order or resolution
b. date of filing of the MR
c. date of receipt of notice of denial

Annulment of Judgments or Final Orders

(Rule 47)

- Available when the ordinary remedies of new trial, appeal, petition for relief from judgment or other
appropriate remedies are no longer available through no fault of the petitioner.

Grounds:

1. Extrinsic fraud – within four years from discovery.

- fraudulent act committed by the prevailing party outside of the trial of the case whereby the defeated
party was prevented from presenting his side of the case by deception practiced on him by the
prevailing party. (Alba v. CA, 465 SCRA 495)

2. Lack of jurisdiction – before the action is barred by laches or prescription.

a. refers to either lack of jurisdiction over the person of the defending party or over the subject matter.

petitioner must show an absolute lack of authority to hear and decide the case.
(Heirs of Maura So v. Obliosca, 542 SCRA 406)