RULES ON CIVIL PROCEDURE

1. Q: What rules shall govern civil actions?

A: The following rules shall govern civil actions:

1) 1997 Rules on Civil Procedure

2) 2019 Revised Rules on Civil Procedure (A.M. NO. 19-10-20- Effective May 1,
2020)

2. What rules which are governed by the 1997 Rules on Civil Procedure?

A: Rule 1 on preliminary provision – Rule 4 on venue & Rule 36 on judgment – Rule

71 on contempt.

3. What are the rules which are governed by the 2019 Revised Rules on Civil
Procedure?

A: Rules 6 on pleadings up to 35 on summary judgment.

AMENDED PROVISION OF THE 1997 RULESS ON CIVIL PROCEDURE

I. RULE 6: KINDS OF PLEADINGS

Sec. 2. RULE 6:

“Section 2. Pleadings allowed. –

X x x x.
An answer may be responded to by a reply only if
the defending party attaches an actionable document to
the answer. (2a)”

Sec. 5. RULE 6:

“Section 5. Defenses. — Defenses may either be

negative or affirmative.
(b) 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. (5a)”

Sec. 7. RULE 6:

“Section 7. Compulsory counterclaim. — A

 compulsory counterclaim is one which, being cognizable
by the regular courts of justice, arises out of or is
connected with the transaction or occurrence constituting
the subject matter of the opposing party's claim and does
not require for its adjudication the presence of third
parties of whom the court cannot acquire jurisdiction.
Such a counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof,
except that in an original action before the Regional Trial
Court, the counterclaim may be considered compulsory
regardless of the amount. A compulsory counterclaim not
raised in the same action is barred, unless otherwise
allowed by these Rules. (7a)”

Sec. 8, Rule 6:

“Section 8. Cross-claim. – 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.

Sec.10, Rule 6:

“Section 10. Reply. — All new matters alleged in the

answer are deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended or
supplemental complaint. However, the plaintiff may file a
reply only if the defending party attaches an actionable
document to his or her answer.
A reply is a pleading, the office or function of which
is to deny, or allege facts in denial or avoidance of new
matters alleged in, or relating to, said actionable
document.
In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the same is
based solely on an actionable document. (10a)”

Sec. 11, Rule 6:

“Section 11. Third, (fourth, etc.)-party complaint. —

Xxx
The third (fourth, etc.)-party complaint shall be
denied admission, and the court shall require the
defendant to institute a separate action, where: (a) the
third (fourth, etc.)- party defendant cannot be located
within thirty (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. (11a)”

RULE 7: PARTS AND CONTENTS OF A PLEADING

Sec. 3., Rule 7:

 “Section 3. Signature and address. — (a) Every
pleading and other written submissions to the court must
be signed by the party or counsel representing him or her.
(b) The signature of counsel constitutes a certificate
by him or her that he or she has read the pleading and
document; 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) 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
shall not be limited to, non-monetary directive or
sanction; 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 the motion for sanction. The lawyer or law
firm cannot pass on the monetary penalty to the client.”
(3a)

Sec. 4, Rule 7:

“Section 4. Verification. — Except when otherwise

specifically required by law or rule, pleadings need not be
under oath or verified.
A pleading is verified by an affidavit of an affiant
duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or a special
power of attorney, should be attached to the pleading, and
shall allege the following attestations:
(a) 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. (4a)

Sec. 5, Rule 7:

“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.

Q: Is it required that the word “promptly inform” on the filing of other cases be
stated in the certification against forum shopping?
A: No, the rules do not make use of the phrase “promptly inform” as it specifically
provides that the party should notify the court within five days from discovering a
similar case pending before another court. (Ma. Antonette Lozano vs. Jocelyn K.
Fernandez, G.R. No. 212979, February 18, 2019)

Q: When can the counsel sign the certification of non-forum shopping?

A: If the party-pleader is unable to sign, he must execute a Special Power of Attorney

designating his counsel of record to sign on his behalf based on justifiable reasons.
(Brgy. Tongonan, Ormoc City vs. Hon. Apolinario M. Buaya, G.R. No. 204183, June 20,
2018)
 Q: Can the certification against forum shopping be notarized by a clerk of
court?

A: No, the notarization of verifications and certifications on non-forum shopping is not

part of a clerk of court’s daily official functions since their work load is already heavy,
and such notarization of private documents can be done by a commissioned notary
public. (Uwe Mathaeus Vs. Spouses Eric and Genevieve Medequiso, G.R. No. 196651.
February 3, 2016)

Sec. 6, Rule 7:

“Section 6. Contents. — 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)

RULE 8: MANNER OF MAKING ALLEGATIONS IN THE PLEADINGS

Sec. 1, Rule 8:

“Section 1. In general. — Every pleading shall

contain in a methodical and logical form, a plain, concise
and direct statement of the ultimate facts, including the
evidence on which the party pleading relies for his or her
claim or defense, as the case may be.
If a cause of action or defense relied on is based on
law, the pertinent provisions thereof and their
applicability to him or her shall be clearly and concisely
stated. (1a)”

Sec. 6, Rule 8:

“Section 6. Judgment. — In pleading a judgment or

decision of a domestic or foreign court, judicial or quasi-
judicial tribunal, or of a board or officer, it is sufficient to
aver the judgment or decision without setting forth matter
showing jurisdiction to render it. An authenticated copy of
the judgment or decision shall be attached to the
pleading. (6a)”

Sec. 11., Rule 8:

“Section 11. Allegations not specifically denied

deemed admitted. — Material averments in a pleading
 asserting a claim or claims, other than those as to the
amount of unliquidated damages, shall be deemed
admitted when not specifically denied. (11a)”

Sec. 12, Rule 8:

“Section 12. Affirmative defenses. — (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.
(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)”

Sec. 13, Rule 8:

“Section 13. Striking out of pleading or matter

contained therein. — Upon motion made by a party before
responding to a pleading or, if no responsive pleading is
permitted by these Rules, upon motion made by a party
within twenty (20) calendar days after the service of the
pleading upon him or her, or upon the court's own
initiative at any time, the court may order any pleading to
be stricken out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter be stricken
out therefrom. (12a)”

RULE 9: EFFECT OF FAILURE TO PLEAD

Sec. 3, Rule 9:

“Section 3. Default; Declaration of. — 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.
(a) Effect of order of default. — A party in default
shall be entitled to notices of subsequent proceedings but
shall not take part in the trial.
(b) Relief from order of default. — 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 his or her failure to
answer was due to fraud, accident, mistake or excusable
negligence and that he or she has a meritorious defense.
In such case, the order of default may be set aside on such
terms and conditions as the judge may impose in the
interest of justice.
(c) Effect of partial default. — When a pleading
asserting a claim states a common cause of action against
several defending parties, some of whom answer and the
others fail to do so, the court shall try the case against all
upon the answers thus filed and render judgment upon the
evidence presented.
(d) Extent of relief to be awarded. — A judgment
rendered against a party in default shall neither exceed
the amount or be different in kind from that prayed for
nor award unliquidated damages.
(e) Where no defaults allowed. — If the defending
party in an action for annulment or declaration of nullity
of marriage or for legal separation fails to answer, the
court shall order the Solicitor General or his or her
deputized public prosecutor, to investigate whether or not
a collusion between the parties exists, and if there is no
collusion, to intervene for the State in order to see to it
that the evidence submitted is not fabricated. (3a)”

RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS

Sec.2, Rule 10:

“Section 2. Amendments as a matter of right. — 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)”

Q: Is service of summons required in case of amendment of the pleading?

A: Service of summons is required only in case of an amendment when the court has
not yet acquired jurisdiction over the person of the defendant, nor filed his answer,
neither he voluntarily submitted to the jurisdiction of the court. (Vlason Enterprises
Corporation vs. Court of Appeals, 310 SCRA 26)
Sec. 3, Rule 10:

“Section 3. Amendments by leave of court. —

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)”

Q: What are the limitations on the grant of amendment by leave of court?

A: The granting of leave to file amended pleading is subject only to the limitations that
the amendments should not substantially change the cause of action or alter the
theory of the case; or it was made to delay the action. (Henry Ching Tiu vs. Philippine
Bank of Communications, G.R. No. 151932, August 19, 2009)

Q: When is substantial change or alteration in the cause of action or defense

allowed? (Bar Examination 2018)

A: Amendments sought to be made shall serve the higher interests of substantial

justice, and prevent delay and equally promote the laudable objective of the rules
which is to secure a ‘just, speedy and inexpensive disposition of every action and
proceeding. (Philippine Ports Authority vs. William Gothong & Aboitiz [WG&A], Inc., G.R. No.
158401, January 28, 2008)

Sec. 5, Rule 10:

“Section 5. No amendment necessary to conform to

or authorize presentation of evidence. — 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)”

Sec. 8, Rule 10:

“Section 8. Effect of amended pleadings. — 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)

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

Sec. 1, Rule 11:

“Section 1. Answer to the complaint. — The

defendant shall file his or her answer to the complaint
within thirty (30) calendar days after service of summons,
unless a different period is fixed by the court. (1a)”

Sec. 2, Rule 11:

 “Section 2. Answer of a defendant foreign private
juridical entity. — Where the defendant is a foreign
private juridical entity and service of summons is made on
the government official designated by law to receive the
same, the answer shall be filed within sixty (60) calendar
days after receipt of summons by such entity. (2a)”

Sec. 4, Rule 11:

“Section 4. Answer to counterclaim or cross-claim.

— A counterclaim or cross-claim must be answered within
twenty (20) calendar days from service. (4a)”

Sec. 6, Rule 11:

“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.
(6a)”

Sec.7, Rule 11:

“Section 7. Answer to supplemental complaint. — A

supplemental complaint may be answered within twenty
(20) calendar days from notice of the order admitting the
same, unless a different period is fixed by the court. The
answer to the complaint shall serve as the answer to the
supplemental complaint if no new or supplemental answer
is filed. (7a)”

Sec. 11, Rule 11:

“Section 11. Extension of time to file an answer. —

A defendant may, for meritorious reasons, be granted an
additional period of not more than thirty (30) calendar
days to file an answer. A defendant is only allowed to file
one (1) motion for extension of time to file an answer.”
A motion for extension to file any pleading, other
than an answer, is prohibited and considered a mere scrap
of paper. The court, however, may allow any other
pleading to be filed after the time fixed by these Rules.
(11a)

RULE 12: BILL OF PARTICULARS

Sec. 1, Rule 12:

“Section 1. When applied for; purpose. — Before

responding to a pleading, a party may move for a definite
statement or for a bill of particulars of any matter, which
is not averred with sufficient definiteness or particularity,
to enable him or her properly to prepare his or her
responsive pleading. If the pleading is a reply, the motion
must be filed within ten (10) calendar days from service
thereof. Such motion shall point out the defects
complained of, the paragraphs wherein they are contained,
and the details desired. (1a)”
Sec. 5, Rule 12:

“Section 5. Stay of period to file responsive

pleading. — After service of the bill of particulars or of a
more definite pleading, or after notice of denial of his or
her motion, the moving party may file his or her
responsive pleading within the period to which he or she
was entitled at the time of filing his or her motion, which
shall not be less than five (5) calendar days in any event.
(5a)”

RULE 13: FILING AND SERVICE OF PLEADINGS

JUDGMENTS AND OTHER PAPERS

Sec. 1, Rule 13:

“Section 1. Coverage. — 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)”

Sec. 2, Rule 13:

“Section 2. Filing and Service, defined. — 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)”

Sec.3, Rule 13:

“Section. 3. Manner of filing. — 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;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(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.
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)”

Q: What is the rule on the date of filing by registered mail?

A: If a pleading is filed by registered mail, then the date of mailing shall be considered
as the date of filing. (Alma B. Russel vs. Teofista Ebasan and Agapito Austria, G.R. No.
184542, April 23, 2010)

Q: What are the two (2) sources of period in determining the date of filing by
registered mail?
A: The date of filing can be determined from the post office stamp on the envelope, or
from the registry receipt. (Isidro Quebral, et al. Vs. Angbus Construction, Inc. and Angelo
Bustamante G.R. No. 221897. November 7, 2016)

Sec. 5, Rule 13:

“Section 5. Modes of Service. — 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)

Sec. 6, Rule 13:

“Section 6. Personal Service. — 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)

Sec. 7, Rule 13:

“Section 7. Service by mail. — 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)
Sec. 9, Rule 13e:

“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)

Sec. 10, Rule 13:

“Section 10. Presumptive service. — 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)

Sec. 11, Rule 13:

“Section 11. Change of electronic mail address or

facsimile number. — 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)

Sec. 12, Rule 13:

“Section 12. Electronic mail and facsimile subject

and title of pleadings and other documents. — 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)

Sec. 13, Rule 13:

 “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)

Sec. 14, Rule 13s:

“Section 14. Conventional service or filing of

orders, pleadings and other documents. –
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)”

15. Completeness of Service:

“Section 15. Completeness of service. — 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 at the time of the
electronic transmission of the document, or when
available, at the time that the electronic notification of
service of the document is sent. 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)
Sec.16, Rule 13:

“Section 16. Proof of filing. — 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)

Q: Is cut print-out copy of the registry receipt appended to the pleading a

compliance with the service of pleading by registered mail?
A: No. the rule requires to be appended the registry receipts, not their reproductions,
hence, the cut print-outs did not substantially comply with the rule. (Fortune Life
Insurance Company, Inc. vs. (COA) Proper; COA Regional Office No. VI-Western Visayas;
Audit Group LGS-B, Province of Antique; and Provincial Government of Antique G.R. No.
213525, January 27, 2015)

Sec. 17, Rule 13:

“Section 17. Proof of service. –— 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)

Q: In case of conflict between the registry return card and written note of the
party which one shall prevail?

A: The registry return card is given weight which is presumed to be accurate since it is
considered as the official record of the court. (Sps. Elizabeth Dela Cruz and Alfredo Dela
Cruz vs. Olga Ramiscal, G.R. No. 137882, February 4, 2005)

Sec. 18, Rule 13:

“Section 18. Court-issued orders and other

documents. — 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)

RULE 14: SUMMONS

Sec 1, Rule 14:

“Section 1. Clerk to issue summons. — 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)

Sec. 2, Rule 14:

“Section 2. Contents. — The summons shall be

directed to the defendant, signed by the clerk of court
under seal, and contain:
(a) The name of the court and the names of the
parties to the action;
(b) When authorized by the court upon ex parte
motion, an authorization for the plaintiff to serve
summons to the defendant;
 (c) A direction that the defendant answer within the
time fixed by these Rules; and
(d) A notice that unless the defendant so answers,
plaintiff will take judgment by default and may be granted
the relief applied for.
A copy of the complaint and order for appointment
of guardian ad litem, if any, shall be attached to the
original and each copy of the summons.” (2a)

Sec 3, Rule 14:

“Section 3. By whom served. — The summons may

be served by the sheriff, his or her deputy, or other proper
court officer, and in case of failure of service of summons
by them, the court may authorize the plaintiff - to serve
the summons - together with the sheriff.
In cases where summons is to be served outside the
judicial region of the court where the case is pending, the
plaintiff shall be authorized to cause the service of
summons.
If the plaintiff is a juridical entity, it shall notify
the court, in writing, and name of its authorized
representative therein, attaching a board resolution or
secretary’s certificate thereto, as the case may be, stating
that such representative is duly authorized to serve the
summons on behalf of the plaintiff.

If the plaintiff misrepresents that the defendant

was served summons, and it is later proved that no
summons was served, 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 on any
or all the defendants, the court shall order the plaintiff to
cause the service of summons by other means available
under the Rules.
Failure to comply with the order shall cause the
dismissal of the initiatory pleading without prejudice.”
(3a)

Q: Is service of summons to the respondent required in case of a petition for

habeas corpus?
A: No. Under Rule 102 of the Rules of Court or A.m. No. 03-04-04-SC, service of
summons, to begin with, is not required in a habeas corpus petition. As held in Saulo
v. Cruz, 105 Phil. 315 (1959), a writ of habeas corpus plays a role somewhat
comparable to a summons, in ordinary civil actions, in that, by service of said writ, the
court acquires jurisdiction over the person of the respondent. (Ma. Hazelina A. Tujan-
Militante In Behalf of The Minor Criselda M. Cada vs. Raquel M. Cada-Deapera (G.R NO.
210636, July 128, 2014)
Q: Is service of summons to the respondent required in case of a petition for
certiorari, prohibition, mandamus, and quo warranto?
A: No. it is expressly stated under Section 4 of Rule 46 that, the court shall acquire
jurisdiction over the person of the respondent by the service on him of its order or
resolution indicating its initial action on the petition or by his voluntary submission to
such jurisdiction. (Sec. 4, Rule 46)

Sec. 4, Rule 14

“Section 4. Validity of summons and issuance of

alias summons — Summons shall remain valid until duly
served, unless it is recalled by the court. In case of loss or
destruction of summons, the court may, upon motion,
issue an alias summons.
There is failure of service after unsuccessful
attempts to personally serve the summons on the
defendant in his or her address indicated in the
complaint. Substituted service should be in the manner
provided under Section 6 of this Rule.” (5a)

Sec. 5, Rule 14:

“Section 5. Service in person on defendant. —

Whenever practicable, the summons shall be served by
handing a copy thereof to the defendant in person and
informing 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)

Q: What is the duty of the sheriff if defendant refused to receive summons?

A: The summons must be tendered to the defendant within his view and presence.

The sheriff or server must first exert all efforts to serve the defendant in person. If
this effort fails, then substituted service can be made. This effort must be stated in the
proof of service. This is required because substituted service is in derogation of the usual
mode of service. (Laus vs. Court of Appeals, 219 SCRA 688; Umandap vs. Sabio, Jr., 339
SCRA 243; Samartino vs. Raon, 383 SCRA 664, 670 [2002])

Sec. 6, Rule 14:

“Section 6. Substituted service. — If, for justifiable

causes, the defendant cannot be served personally after at
least three (3) attempts on two (2) different dates, service
may be effected:
(a) By leaving copies of the summons at the
defendant's residence to a person at least eighteen (18)
years of age and of sufficient 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, with any of the officers of the homeowners’
association or condominium corporation, or its chief
security officer in charge of the community or the
building where the defendant may be found; and
(d) By sending an electronic mail to the defendant’s
 electronic mail address, if allowed by the court.” (7a)

Q: What is the weight of the certificate of service of the process server in case of
substituted service of summons?

A: The certificate of the process server is a prima facie evidence of the fact of service,
which is fortified by the presumption of regularity in the performance of duty.
(Petroleum Gas, et al. Vs. Rizal Commercial Banking Corporation, substituted by
Philippine Asset Growth One, Inc. G.R. No. 183370. August 17, 2015)
Q: What is the effect of failure to comply with the requirements of substituted
service?

A: Failure to faithfully comply with the requirements of substituted service renders the
service ineffective. (Miranda vs. Court of Appeals, 326 SCRA 278)

Sec. 8, Rule 8:

“Section 8. Service upon prisoners. — When the

defendant is a prisoner confined in a jail or institution,
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 (5) calendar days
from service of summons to the defendant.” (9a)

Sec.9, Rule 14:

“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)

Sec. 10, Rule 14:

“Section 10. Service upon minors and

incompetents. — 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)

Sec. 11, Rule 14:

“Section 11. Service upon spouses. — When spouses

are sued jointly, service of summons should be made to
each spouse individually.” (n)

Sec. 12, Rule 14:

“Section 12. Service upon domestic private

juridical entity. — When the defendant is a corporation,
partnership or association organized under the laws of the
Philippines with a juridical personality, service may be
made on the president, managing partner, general
manager, corporate secretary, treasurer, or in-house
 counsel of the corporation wherever they may be found, or
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 (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.” (11a)

Sec. 13, Rule 14:

“Section 13. Duty of counsel of record. — 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)

Sec. 14, Rule 14:

“Section 14. Service upon foreign private juridical

entities. — 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 resident agent designated in accordance with law
for that purpose, or, if there be no such agent, on the
government official designated by law to that effect, or on
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)

Q: Who is the person who will receive the summons in case of foreign
corporation?
A: With respect to foreign corporations, 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 vs. Court of Appeals, 232 SCRA 329)

Sec. 16, Rule 14:

“Section 16. Service upon defendant whose

identity or whereabouts are unknown. — 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)

Q: Is service of summons by publication allowed in an action in personam if the

defendant’s whereabouts is unknown?

A: Yes, service of summons by publication in actions in personam is allowed

considering that the provision itself allow this mode in “any action”. (Pablo Pua vs.
Lourdes L. Deyto, Doing Business Under the Name Of “JD Grains Center,” And Jennelita
Deyto Ang A.K.A. “Janet Ang, G.R. No. 173336, November 26, 2012)
Sec. 17, Rule 14:

“Section 17. Extraterritorial service. — 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)

Q: What is the purpose of service of summons on a non-resident defendant not

found in the Philippines?

A: It is a requirement of fair play that defendant be informed of the pendency of the

action against him and to defend himself, and the possibility that the property
belonging to him or in which he has an interest may be subjected to a judgment.
(Rosalino P. Acance, et al. vs. CA, G.R. No. 159699, March 16, 2005, citing Sahagun vs.
Court of Appeals, 198 SCRA 44 [1991])

Q: Can the court acquire jurisdiction in case of a non-resident defendant and the
case is an action in personam?

A: No. If the defendant 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. (NM Rothschild and Sons [Australia] Limited vs.
Lepanto Consolidated Mining Company, G.R. No. 175799, November 28, 2011)

Sec. 20, Rule 14:

“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:
(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; 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)

Sec. 21, Rule 14:

“Section 21. Proof of service. — 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)

Sec. 23, Rule 14:

“Section 23. Voluntary appearance. — 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)

Q: Is voluntary appearance without objection a submission to the jurisdiction of

the court?

A: 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. (Ofelia Herrera-Felix vs. Court of Appeals, et al., G.R. No. 143736, August 11,
2004, citing Busuego vs. Court of Appeals, 151 SCRA 376 [1987], citing Flores vs. Zurbito,
37 Phil. 746 [1918])

Q: Is special appearance to challenge jurisdiction of the court a voluntary

submission?

A: The defendant’s appearance to object to the jurisdiction of the court over his person
is not considered voluntary submission. (French Oil Mill Machinery, Inc. vs. Court of
Appeals, G.R. No. 126477, September 11, 1998 as cited in JAPRL Development Corp. vs.
Security Bank Corporation, G.R. No. 190107, June 6, 2011)

RULE 15: MOTIONS

Q: Is a letter a motion?
A: Yes, under the provision of Sec. 3 (e) of the Revised 2016 Rules on Small Claims
Cases a motion is defined as - It is a verbal or written request asking for an affirmative
action from the court, which includes informal request or letter.

Sec. 2, Rule 15:

“Section 2. Motions must be in writing. — 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)

Sec. 4, Rule 15:

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

Sec. 5, Rule 15:

“Section 5. Litigious motions. — (a) Litigious

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

Sec. 6, Rule 15:

“Section. 6. Notice of hearing on litigious motions;

discretionary. — 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)

Q: To whom the notice of hearing shall be addressed? How many days?

A: The notice of hearing shall be addressed to all parties concerned, and shall specify
the time and date of the hearing.

Case Law:

In Cabrera v. Ng, we held:

The general rule is that the three-day notice requirement in motions under Sections
4 and 5 of the Rules of Court is mandatory. It is an integral component of procedural due
process. "The purpose of the three-day notice requirement, which was established not for
the benefit of the movant but rather for the adverse party, is to avoid surprises upon the
latter and to grant it sufficient time to study the motion and to enable it to meet the
arguments interposed therein.”
X x x x x.
Nevertheless, the three-day notice requirement is not a hard and fast rule. When
the adverse party had been afforded the opportunity to be heard, and has been indeed
heard through the pleadings filed in opposition to the motion, the purpose behind the
three-day notice requirement is deemed realized. In such case, the requirements of
procedural due process are substantially complied with. (People of the Philippines vs. Hon.
Sandiganbayan (5th Division), Reynaldo O. Parojinog, Sr., and Nova Princess E. Parojinog
Echavez, G.R. No. 233063, February 11, 2019)

Sec. 7, Rule 7:
“Section 7. Proof of service necessary. — No written
motion shall be acted upon by the court without proof of
service thereof, pursuant to Section 5(b) hereof.” (6a)
Q: What is the nature of the requirement of proof of service in motion?
A: Proof of service in motion is a mandatory requirement. (Salvador O. Mojar, Edgar B.
Begonia, Heirs of the Late Jose M. Cortez, Restituto Gaddi, Virgilio M. Monana, Freddie
Rances, and Edson D. Tomas vs. Agro Commercial Security Service Agency, Inc., et al., G.R.
No. 187188, June 27, 2012)

Sec. 8, Rule 15:

“Section 8. Motion day. — 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)

Sec. 12, Rule 15:

“Section. 12. Prohibited motions. — 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)

Sec. 13, Rule 15:

“Section. 13. Dismissal with prejudice. — 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)

Q: What is the nature of the order denying the motion to dismiss?

A: An order denying a motion to dismiss is interlocutory which does not dispose of the
action, and therefore not appealable under Sec. 1(b), Rule 41, hence, subject to
petition for certiorari under Rule 65. (Sps. Francisco, Jr. and Amparo De Guzman vs.
Ochoa and Ochoa, G.R. No. 169292, April 13, 2011)

II. RULE 17: DISMISSAL OF ACTIONS

Sec. 3, Rule 17:

“Section 3. Dismissal due to fault of plaintiff. — 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)

Q: What is the effect of the dismissal of the main action on the counterclaim?

A: In case of dismissal of the main action, the counterclaim whether permissive or

compulsory will not be dismissed and shall be prosecuted in the same case or in a
separate action. (Aida Padilla vs. Globe Asiatique Realty Holdings Corporation, Filmal
Realty Corporation, Delfin Lee and Dexter Lee, G.R. No. 207376, August 6, 2014)

RULE 18: PRE-TRIAL CONFERENCE

Sec 1. Rule 18:

“Section 1. When conducted. — 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)

Q: What is the meaning of “last responsive pleading’’?

A: The last permissible responsive pleading that a party can file is the reply to the
answer to the last pleading asserting a claim.

The last permissible pleading that a party can file is the reply to the answer to the
last pleading asserting a claim. The claim could be the original complaint, the
counterclaim, the cross-claim or the third-party complaint. If an answer is filed and served
in response to these claims, the pleading in response to these answers is the reply
(Sarmiento vs. Juan 120 SCRA 403) which is to be filed within ten (10) days from the
service of the pleading responded to. (Sec. 6, Rule 11, Rules of Court)

Q: Can the issue of lack of pre-trial conference be waived?

A: It is a rule that lack of pre-trial must be objected to during pre-trial, otherwise

waived and cannot be raised during the trial or for the first time on appeal, unless
substantial justice is present.

Without doubt, the petitioners-defendants having been belatedly served summons

and brought into the case, were entitled to a pre-trial as ordained by Section 2, Rule 18 of
the Rules of Court. Unless substantial prejudice is shown, however, the trial court’s failure
to schedule a case for pre-trial does not render the proceedings illegal or void ab initio.
Where, as in this case, the trial proceeded without any objection on the part of petitioners-
defendants by their failure to bring the matter to the attention of the RTC, the petitioners-
defendants are deemed to have effectively forfeited a procedural right granted them under
the Rules. Issues raised for the first time on appeal and not raised timely in the
proceedings in the lower court are barred by estoppel. Points of law, theories, issues and
arguments not brought to the attention of the trial court ought not to be considered by a
reviewing court, as these cannot be raised for the first time on appeal. To consider the
alleged facts and arguments raised belatedly would amount to trampling on the basic
principles of fair play, justice and due process. (Francisco Madrid and Edgardo Bernardo
vs. Sps. Bonifacio Mapoy and Felicidad Martinez, G.R. No. 150887, August 14, 2009)
Sec. 2, Rule 18:

“Section. 2. Nature and Purpose. — 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.

3. Notice of Pre-trial:

“Section. 3. Notice of pre-trial. — 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)
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)

Sec. 4, Rule 18:

“Section 4. Appearance of Parties. — 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.”

5. Effect of Failure to Appear:

“Section. 5. Effect of failure to appear. — 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)

Q: What is the effect of failure of the defendant to appear during pre-trial

conference?
A: 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. (Nicomedes Augusto, Gomercindo Jimenez, Marcelio Paquibot and Roberta
Silawan vs. Antonio Carlota Dy and Mario Dy, G.R. No. 218731, February 13, 2019)

Q: Who may receive the evidence ex parte?

A: In 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
as mandated by Sec. 9, Rule 30. (Maritoni M. Nieva vs. Saturnina Alvarez-Edad, A.M. No.
P-O111459, January 31, 2005)
Q: Can the clerk of court demand payment of commissioner’s fee for the
reception of evidence ex parte?

A: No. Clerks of Court are not authorized to collect compensation for services rendered
as commissioners in ex parte proceedings pursuant to Circular No. 50-2001 dated
August 17, 2001 issued by Office of the Court Administrator. (Maritoni M. Nieva vs.
Saturnina Alvarez-Edad, supra)

Sec. 6, Rule 18:

“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)

7. Pre-Trial Order:

“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)

Sec. 8, Rule 18:

“Section 8. Court-Annexed Mediation. — 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)

Q: Are lawyers allowed to appear during mediation proceedings?

A: Yes, lawyers are allowed to attend mediation and their role is that of an adviser,
consultant, or free legal aid counsellor for indigent litigants for the purpose of
settlement. (Frabelle Fishing Corp. vs. PhilAm Properties, et al., G.R. No. 158580, August
17, 2007) and the gateway of Filipino lawyers into international/global legal practice.

Sec. 9, Rule 18:

“Section 9. Judicial Dispute Resolution. — 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)

Sec. 10, Rule 18:

“Section. 10. Judgment after pre-trial. — 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)

RULE 19: INTERVENTION

Sec. 4, Rule 19:

“Section 4. Answer to complaint-in-intervention. —

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)

I. RULE 23: DEPOSITION PENDING ACTIONS

Sec. 1, Rule 23:

“Section 1. Depositions pending action, when may

be taken. — 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)

Q: Will Rule 23 on taking of deposition be applicable suppletory in character in

criminal proceedings?

A: No. Rule 23 on taking of deposition is not applicable suppletory in character in

criminal proceedings since deposition of a witness is primarily governed by Sec. 15,
Rule 119 of the Revised Rules of Criminal Procedure. (Harry L. Go, Tonny Ngo, Jerry Ngo
and Jane Go v. The People of the Philippines and Highdone Company, Ltd., et al., G.R. No.
185527, July 18, 2012)

Q: Is the remedy deposition available to a non- resident foreign corporation?

A: Yes, Rule 23, Section 1 is clear that the testimony of any person may be taken by
deposition upon oral examination or written interrogatories at the instance of any
party. Thus, the Court found it immaterial that the plaintiff was a non-resident foreign
corporation and that all its witnesses were Americans residing in the United States. (Ingrid
Sala Santamaria and Astrid Sala Boza Vs. Thomas Cleary/Kathryn Go-Perez Vs. Thomas
Cleary, G.R. No. 197122/G.R. No. 197161. June 15, 2016)
Q: Can deposition be taken even after trial has commenced?

A: Yes, it may be taken even after trial has commenced and may be used without the
deponent being actually called to the witness stand.

The Rules of Court (See Rule 134) and jurisprudence, however, do not restrict a
deposition to the sole function of being a mode of discovery before trial. Under certain
conditions and for certain limited purposes, it may be taken even after trial has
commenced and may be used without the deponent being actually called to the witness
stand. In Dasmariñas Garments vs. Reyes (225 SCRA 622, August 24, 1993), the Supreme
Court allowed the taking of the witnesses’ testimonies through deposition, in lieu of their
actual presence at the trial. (Jonathan Landoil International Co., Inc. vs. Spouses Suharto
Mangudadatu and Miriam Sangki Mangudadatu, supra)

Sec. 16, Rule 23:

“Section 16. Orders for the protection of parties

and deponents. — 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 be taken;
(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 on
written interrogatories;
(d) That certain matters shall not be inquired into;
(e) That the scope of the examination shall be held
with no one present except the 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)

Sec. 25, Rule 23:

 “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)

III. RULE 25: INTERROGATORIES TO PARTIES

Sec. 1, Rule 25:

“Section 1. Interrogatories to parties; service

thereof. — 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)

Q: What is the remedy in case of denial of written interrogatories?

A: An order denying the written interrogatories is interlocutory in nature, and petition
for certiorari under Sec. 1, Rule 65 in case the order is patently erroneous . (Ong vs.
Mazo, G.R. No. 145542, June 4, 2004)

Sec. 2, Rule 25:

“Section 2. Answer to interrogatories. — 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)

Q: What is the effect of failure to serve written interrogatories to a party?

A: 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. (Sps. Vicente Afullugencia and Leticia Afulugencia Vs. Metropolitan Bank & Trust
Company, et al., G.R. No. 185145. February 5, 2014)

Q: Is it required that before the party may present an adverse party as a witness,
he must be served with written interrogatories, and said adverse party must
submit his judicial affidavit?
A: 1) As regards serving written interrogatories the party presenting the adverse party
must comply with the requirements under Sec. 6, Rule 25.
2) As regards the second question, an adverse party is exempt from submitting a
judicial affidavit. (Ng Meng Tam Vs. China Banking Corporation, G.R. No. 214054. August
5, 2015)

RULE 26: ADMISSION BY ADVERSE PARTY

Sec. 2, Rule 26:

“Section 2. Implied admission. — 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)

Q: What is the effect of the defendant’s silence on the request for written
admission?

A: The silence of defendant on the plaintiff’s request for admission amounts to an

implied acceptance of the facts set forth therein with the effect that plaintiff’s claim.
(Manzano vs. Despabiladeras, G.R. No. 148786, December 16, 2004)

Q: Will the party served a written request for admission required to submit his
sworn statement objection when he previously controverted said matter in a
previous pleading?
A: No. When the party to whom such request for admission is served had already
controverted the matters subject of such request in an earlier pleading. . (Duque and
Heirs of Mateo Duque vs Spouses Yu and Delia Duque Capacio, G.R. No. 226130, February
19, 2018)

RULE 30: TRIAL

Sec. 1, Rule 30:

“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)

Sec. 2, Rule 30:

“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)

Q: When to move for postponement of hearing?

A: It is the basic duty of the litigant to move for the postponement before the day of
the hearing, so that the court could order its resetting and timely inform the adverse
party of the new date. (Ma. Lourdes C. De Castro vs. Office of the City Prosecutor for
Manila, G.R. No. 172198, June 16, 2009)

Sec. 6, Rule 130:

“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)

Q: Is mere marking of exhibit sufficient for the evidence to be considered?

A: No, the mere fact that a particular document is identified and marked as an exhibit
does not mean that it has already been offered as part of the evidence of a party,
except when it has been identified by testimony duly recorded and must be
incorporated in the record of the case. (Commissioner Internal Revenue vs. United
Salvage and Towage (Phils.) Inc., G.R. No. 197515, July 2, 2014)

IV. RULE 33: DEMURRER TO EVIDENCE

Sec. 2, Rule 33:

“Section 2. Action on demurrer to evidence. — A

demurrer to evidence shall be subject to the provisions of
Rule 15.
The order denying the demurrer to evidence shall
not be subject of an appeal or petition for certiorari,
prohibition or mandamus before judgment.” (n)

I. RULE 34: JUDGMENT ON THE PLEADINGS

Sec. 2, Rule 34:

“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)

Q: What is the effect if the answer fails to properly deny the material allegations
in the complaint in accordance with Sec, 10, Rule 8?
A: The answer fails to tender and issue and can be the subject to motion for judgment
on the pleading. (Fernando Medical Enterprises, Inc. Vs. Wesleyan University Philippines,
Inc. G.R. No. 207970. January 20, 2016)

II. RULE 35: SUMMARY JUDGMENT

Sec. 3, Rule 35:

“Section 3. Motion and proceedings thereon. — 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,
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)

Q: When can the court render judgment on the pleadings?

A: 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, 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.
(Trade and Investment Development Corp. of the Philippines, a.k.a. Philippine Export-
Import Credit Agency vs. Philippine Veterans Bank, G.R. No. 233850, July 1, 2019)

Sec. 4, Rule 35:

“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)

Q: What is the rule if the case is not fully adjudicated on motion?

A: The court shall render separate judgments if necessary, when some facts existed
without controversy, while others were controverted. (Imelda Romualdez-Marcos vs.
Republic of the Philippines, G.R. No. 189505, April 25, 2012)