INTRODUCTION JURISDICTION

JURISDICTION
Remedial Law is that branch of law Substantive Law is that branch of law
It is the power and authority of the court to hear, try and decide a case. It includes the
which prescribes the method of that creates, defines, and regulates rights
power to determine whether it has the authority to hear and determine the controversy
enforcing rights or obtaining redress for and duties concerning life, liberty, or
presented, and the right to decide whether the statement of facts that confer jurisdiction
their invasion. property.
exists, as well as other matters that arise in the case legitimately.
Remedial law prescribes the practice, method, and procedure by which substantive
Jurisdiction being a matter of substantive law, the established rule is that the statute in
law is enforced and made effective.
force at the time of the commencement of the action determines the jurisdiction of the
court.
When is a law considered procedural?
If the law operates as a means of implementing an existing right, then the rule is How the Court acquires jurisdiction.
procedural and deals with the judicial process for enforcing recognized rights and 1. Over the plaintiff or petitioner
duties. If the rule takes away or creates a right, it is a substantive rule. (Bernabe vs By filing of the complaint, petition or initiatory pleading before the court by the
Alejo G.R. No. 140500) plaintiff or petitioner.

When is an order considered final or interlocutory? 2. Over the defendant or respondent

a. If the order disposes of the action or proceeding completely, or terminates a By voluntary appearance or submission by the defendant or respondent to the
particular stage of the same action, it is final. court, or by coercive process issued by the court to him, generally by the service
● Small claims case decisions are considered final (Al Ang Network vs of summons.
Mondejar, G.R. No. 200804)
3. Over the subject matter
b. If it merely resolves incidental matters and leaves something more to be done to Conferred by law, it cannot be conferred on the court by the voluntary act or
resolve the merits of the case, the order is interlocutory. (Sps. Begonia vs CA, agreement of the parties.
G.R. 189151)
4. Over the issue of the case
How should procedural rules be treated? It is determined and conferred by the pleadings filed in the case by the parties, or
Procedural rules are not to be disdained as mere technicalities that may be ignored at by their agreement in a pre-trial order or stipulation, or at times, by their implied
will to suit the convenience of a party. They cannot be relaxed except for the consent as by the failure of a party to object to evidence on an issue not covered
furtherance of substantial justice. (BPI vs. CA G.R. 168313) by the pleadings.

5. Over the Res

What is the substantive justice rule?
It is acquired by the actual or constructive seizure by the court of the thing in
One of the exceptions to the rule that procedural rules must be treated with utmost
question, thus placing it in custodia legis, as in attachment or garnishment, or by
respect is where strong considerations of substantive justice are manifest in the petition
provision of law which recognizes in the court the power to deal with the property
and a rigid application of the rules will obstruct the broader interests of justice. (CMTC
of subject matter within its territorial jurisdiction, as in land registration
International Marketing Corporation vs. Bhagis International Trading Corporation.
proceedings or suits involving status or real property in the Philippines of a
G.R. No. 170488)
non-resident defendant.

6. Over the Remedy

It is provided by the Rules of Court. Thus, it is mainly a procedural matter which
this Court, the authority that promulgates the Rules of Court, may change ad hoc,
or clarify the application or interpretation of, in proper cases.
Duty of the court when there is lack of jurisdiction over the subject matter ○ Even if the parties did not raise the issue of jurisdiction, the reviewing court,
The court shall dismiss an action whenever it appears that the court has no jurisdiction on appeal, is not precluded from ruling that the lower court had no
over the subject matter. jurisdiction over the case.

Effect of lack of jurisdiction ● Exception

● Proceedings conducted, or decisions made by a court lacking jurisdiction over the 1. Doctrine of Estoppel by Laches, such as when the party raised the issue only
subject matter, shall be legally void and will never attain finality. Consequently, after almost 15 years anda after seeking affirmative relief from the court and
any writ of execution based on it is also void. actively participating in all stages of the proceedings.
● When it appears on record that there is lack of jurisdiction, an appellate court 2. Doctrine of Estoppel in Pais which shall apply if the lower court had
may, on its own initiative, dismiss the action. 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
● A void judgment or order has no legal and binding effect, force or efficacy for any adopt such theory will not be permitted, on appeal, to assume an inconsistent
purpose. In contemplation of law, it is non-existent, and cannot be the source of position that the lower court had jurisdiction
any right nor the creator of any obligation.
Payment of docket fees.
● The rule in jurisdiction is that when an action is filed, the filing must be
Jurisdiction Cause of Action
accompanied by the payment of the requisite docket fee and filing fees.
Refers to the authority to hear and Refers to the act or omission by a party ● However, the rule may be relaxed by the Supreme Court in some cases in which
determine a cause, which gives it the which violates the right of another. payment of the fee within a reasonable time, but not beyond the prescriptive
right to act in a case. period, was permitted.
● While payment of the prescribed docket fees is a jurisdictional requirement, even
Doctrine of Adherence of Jurisdiction its non-payment at the time of the filing does not automatically cause the
● General Rule dismissal of the case, as long as the fee is paid within the applicable prescriptive
Once jurisdiction has attached, it cannot be ousted by subsequent happenings or period or reglementary period, more so when the party involved demonstrates a
events, although of a character which would have prevented jurisdiction from willingness to abide by the rules prescribing such payment.
attaching in the first instance. ● Even on appeal, the general rule is that payment of docket fees within the
● Exceptions prescribed period is mandatory for the perfection of the appeal.
1. Where there is an express provision of the statute.
2. The statute is clearly intended to apply to actions pending before its Residual Jurisdiction
enactment. ● Presupposes that even if, technically, the court has already lost its jurisdiction by
reason of a notice of appeal duly approved, such court can still exercise limited
How jurisdiction over the subject matter is determined. jurisdiction on matters not subject to the controversy, provided that the records are
It is determined by the allegations in the complaint, as well as by the character of relief still with it.
sought. The allegations in the complaint determine both the nature of the action and the ● Before the trial court can be said to have residual jurisdiction over a case, a trial
jurisdiction of the court. on the merits must have been conducted; the court rendered judgment; and the
aggrieved party appealed therefrom. (DBP v. Hon. Carpio, G.R. No. 195450)
Objections to jurisdiction over the subject matter
● General Rule Doctrine of Hierarchy of Courts
Defense of lack of jurisdiction over the subject matter may be raised at any stage ● Where courts have concurrent jurisdiction over a subject matter, such concurrence
of the proceedings, even for the first time on appeal. of jurisdiction does not grant the party seeking relief the absolute freedom to file a
○ The court may motu proprio dismiss a complaint at any time when it appears petition in any court of his choice. A case must be filed first before the lowest
from the pleadings or the evidence on record that lack of jurisdiction exists. court possible having the appropriate jurisdiction.
● However, there are instances where such doctrine was not applied, such as when CASE DOCTRINES
the Supreme Court allowed parties to file directly with it for exceptionally 1. Medical Plaza Makati Condominium Corp. v. Cullen (G.R. No. 181416;
compelling reasons or if warranted by the nature of the issues clearly and November 11, 2013)
specifically raised in the petition. Intra-corporate matters fall within the exclusive jurisdiction of the RTC sitting as
1. Where there are special and important reasons clearly stated in the petition; a special commercial court.
2. When dictated by public welfare and the advancement of public policy;
Relationship Test Nature of Controversy Test
3. When demanded by the broader interest of justice.;
4. When the challenged orders were patent nullities; Existence of any of the following The controversy must not only be rooted
5. When analogous exceptional and compelling circumstances called for and intra-corporate relations makes a case in the existence of an intra-corporate
justified the immediate and direct handling of by the court; intra-corporate: relationship, but must as well pertain to
6. When there are genuine issues of constitutionality that must be addressed at the enforcement of the parties’
1. Bet. the corporation or association
the most immediate time; correlative rights and obligations under
and the public;
the Corporation Code and the internal
7. When the issues raised are of transcendental importance. 2. Bet. the corporation, partnership or and intra-corporate regulatory rules of
association and the State insofar as the corporation.
Doctrine of Non-interference or Judicial Stability its franchise, permit or license to
The doctrine holds that courts of equal and coordinate jurisdiction cannot interfere with operate is concerned; In other words, jurisdiction should be
each other’s orders.
3. Bet. the corporation, partnership or determined by considering both the
association and its stockholders, relationship of the parties and the nature
Doctrine of Ancillary Jurisdiction
partners, members or officers; and of the questions involved.
● "Ancillary", in reference to jurisdiction, can only mean in aid of or incidental to
an original jurisdiction. 4. Among the stockholders, partners or
associates themselves.
● Ancillary jurisdiction refers to the power of the court to adjudicate and determine
matters incidental to the exercise of its primary jurisdiction of an action. In the
exercise of the ancillary jurisdiction of a court, the court where the main case is 2. City of Manila v. Judge Grecia-Cuerdo, et al. (G.R. No. 175723; Feb. 4, 2014)
filed has exclusive .jurisdiction over all incidents thereto and in the issuance of all ● RA 1125 and RA 9282 granted the CTA jurisdiction over decisions, orders,
writs and processes in connection therewith (Separate Opinion of Justice Davide, or resolutions of the RTCs in local tax cases originally decided or resolved
Jr., in Malaloan v. CA, G.R. No. 104879 May 6, 1994). by them in the exercise of their original or appellate jurisdiction.
● Under its ancillary jurisdiction, a court may determine all questions relative to · ● Constitution and BP 128 granted the CTA power to determine whether or
the matters brought before it, regulate the manner in which a trial shall be not there has been grave abuse of discretion amounting to lack or excess of
conducted, determine the hours at which the witnesses and lawyers may be heard, jurisdiction on the part of the RTC in issuing an interlocutory order in cases
direct the disposition of money deposited in court in the course of the falling within the exclusive appellate jurisdiction of the tax court.
proceedings, appoint a receiver and grant an injunction, attachment or
garnishment. 3. Cabrera v. Francisco (G.R. No. 172293; August 28, 2013)
Whether or not an action is capable of pecuniary estimation:
Doctrine of Primary Jurisdiction
Under this doctrine, courts will not resolve a controversy involving a question which is ● Capable if it is primarily for the recovery of a sum of money, the claim is
within the jurisdiction of an administrative tribunal, especially where the question considered capable of pecuniary estimation.
demands the exercise of sound administrative discretion requiring the special ● Not Capable where the basic issue is one other than the right to recover a
knowledge and experience of said administrative tribunal in determining technical and sum of money, the Court considers such actions as cases where the subject
intricate matters of fact (BF Homes, Inc. v. Manila Electric Co., G.R. No. 171624, of litigation cannot be estimated in terms of money.
December 6, 2010).
4. Platinum Tours and Travel Inc. v. Panlilio (G.R. No. 133365; September 16, Chap. 3, Subtitle A, Book V of EO 292
2003)
a. Section 12, par. 11 - Power of CSC
b. Section 47 - CSC shall decide on appeal all administrative disciplinary cases
Error of Jurisdiction Error of Judgment involving the imposition of:
Error of Jurisdiction is any error that Error of Judgment is any error that the 1. a penalty of suspension for more than thirty days;
may occur when the court exercises a court may commit in the exercise of its 2. fine in an amount exceeding thirty days salary;
jurisdiction not conferred upon it by law. jurisdiction. This error does not affect its 3. demotion in rank or salary or transfer;
authority to decide the case, much less
4. removal or dismissal from office.
It may also occur when the court or divest the court of jurisdiction over the
tribunal, although with jurisdiction, acts case. c. Section 49 - Requisites for CSC’s exercise of the power to appeal.
in excess of its jurisdiction or with grave
abuse of discretion amounting to lack of 7. Sandoval v. Cañeba (G.R. No. 90503; September 27, 1990)
jurisdiction. ● PD No. 397, Section 1 - Exclusive jurisdiction of the HLURB:
a. Unsound real estate business practices;
Reviewable only by the extraordinary Reviewable by appeal
writ of certiorari b. Claims involving refund and any other claims filed by subdivision lot
or condominium unit buyer against the project owner, developer,
If there is a total want of jurisdiction, the When the court has jurisdiction, an dealer, broker or salesman; and
proceeding is an absolute nullity. It erroneous decision is not void. The c. Cases involving specific performance of contractual and statutory
confers no right and affords no judgment cannot be considered a nullity obligations filed by buyers of subdivision lot or condominium units
protection and will be pronounced void and therefore cannot be collaterally against the owner, developer, dealer, broker or salesman.
when collaterally attacked. impeached. Such is binding on the
● PD No. 1344 conferred upon the HLURB the authority to award damages in
parties unless reversed or annulled.
the exercise of this exclusive power.

8. Quesada v, DOJ (G.R. No. 150325; August 31, 2006)

Jurisdiction Exercise of Jurisdiction
Hierarchy is determinative of the venue of appeals, and should also serve as a
determinant of the appropriate forum for petitions for the extraordinary writs.
Jurisdiction refers to the authority to Where a court has jurisdiction over the
decide a case, not the orders or the person and the subject matter the When direct invocation may be allowed?
decision rendered therein. decision on all questions arising from the a. When there are special and important reasons therefor, clearly and
case is but an exercise of such specifically set out in the petition.
jurisdiction. b. Unless the redress desired cannot be obtained in the appropriate courts, and
c. Under exceptional and compelling circumstances, such as cases of national
5. Pp v. Cawaling (G.R. No. 117970 July 28, 1998) interest and of serious implications.
To fall under the jurisdiction of the Sandiganbayan, the case must have also
involved charges of violation of RA No. 3019 or the Anti Graft and Corrupt 9. Zamora v. Heirs of Carmen (G.R. No. 146195; Nov 18, 2004)
Practices Act. ● Section 410, LGC
Procedure for Amicable Settlement
6. Magpale v. CSC (G.R. No. 97381 November 5, 1992)
The decision of the disciplining authority is final and not appealable to the CSC in ● Section 412, LGC
cases where the penalty imposed is suspension for not more than 30 days or fine Conciliation (as precondition before filing to court)
in an amount not exceeding 30 days' salary. ● Section 18, Rules on Summary Procedure
Referral to the Lupon (as precondition before filing to court)
10. Lumbuan v. Ronquillo (G.R. No. 155713; May 5, 2006) 13. Sun Insurance Office, Ltd. v. Asuncion (G.R. No. 75919; May 7, 1987)
● Katarungang Pambarangay
● Permits the payment of the prescribed docket fee 'within a reasonable period
Objective is to reduce the number of court litigations and prevent the
but in no case beyond the applicable prescriptive or regular period.'
deterioration of the quality of justice (See Se. 412, LGC).
● SC Circular No. 7 required that all complaints must specify the amount of
○ Confrontation before the lupon chairman or the pangkat is sufficient
damages sought not only in the body of the pleadings but also in the prayer
compliance with the precondition for filing the case in court.
in order to be accepted and admitted for filing.
11. Heirs of Bertuldo Hinog v. Melicor (G.R. No. 140954. April 12, 2005) ○ Sun Insurance effectively modified SC Circular No. 7 by providing that
filing fees for damages and awards that cannot be estimated constitute
Estoppel from Challenging the Court’s Jurisdiction
liens on the awards finally granted by the trial court.
After recognizing the jurisdiction of the trial court by seeking affirmative relief in
○ Thus, while the docket fees were based only on the real property
their motion to serve supplemental pleading upon private respondents, petitioners
valuation, the trial court acquired jurisdiction over the action, and
are effectively barred by estoppel from challenging the trial court's jurisdiction.
judgment awards which were left for determination by the court or as
Although the issue of jurisdiction may be raised at any stage of the proceedings as may be proven during trial would still be subject to additional filing
the same is conferred by law, it is nonetheless settled that a party may be barred fees which shall constitute a lien on the judgment.
from raising it on ground of laches or estoppel.
○ It would then be the responsibility of the Clerk of Court of the trial
court or his duly authorized deputy to enforce said lien and assess and
12. Manchester Dev. Corp. v. CA (G.R. No. 75919; May 7, 1987)
collect the additional fees.
Guidelines in the Payment of Docket Fees:
a. It is not simply the filing of the complaint or appropriate initiatory pleading, 14. Ayala Corp. v. Madayag (G.R. No. 75919; May 7, 1987)
but the payment of the prescribed docket fee, that vests a trial court with “Additional filing fee constitutes a lien on the judgment when the damages
jurisdiction over the subject-matter or nature of the action. arose after the filing of the complaint”
Where the filing of the initiatory pleading is not accompanied by payment of ● Does not mean that where in the body and prayer of the complaint there is a
the docket fee, the court may allow payment of the fees within a reasonable prayer, say for exemplary or corrective damages, the amount of which is left
time but in no case beyond the applicable prescriptive or reglementary to the discretion of the Court, there is no need to specify the amount being
period. sought, and that any award thereafter shall constitute a lien on the judgment.

b. The same rule applies to permissive counterclaims, third party claims and ● Means that where the judgment awards a claim not specified in the
similar pleadings, which shall not be considered filed until and unless the pleading, or if specified, the same has been left for the determination of the
filing fee prescribed therefor is paid. court, the additional filing fee therefor shall constitute a lien on the judgment

The court may also allow payment of said fee within a reasonable time but 15. NOPA v. Ho. Presiding Judge of Negros (G.R. No. 179878, December 24, 2008)
also in no case beyond its applicable prescriptive or reglementary period.
While the payment of docket fees is jurisdictional, it is nevertheless unmistakably
c. Where the trial court acquires jurisdiction over a claim by the filing of the also a technicality.
appropriate pleading and payment of the prescribed filing fee but, In case where the party does not deliberately intend to defraud the court in
subsequently, the judgment awards a claim not specified in the pleading, or payment of docket fees, and manifests its willingness to abide by the rules by
if specified the same has been left for determination by the court, the paying additional docket fees when required by the court, the liberal doctrine
additional filing fee therefor shall constitute a lien on the judgment. enunciated in Sun Insurance and not the strict regulations set in Manchester will
It shall be the responsibility of the Clerk of Court or his duly authorized apply
deputy to enforce said lien and assess and collect the additional fee.
16. Spes. Go v. Tong (GR No. 151942; November 27, 2003)
As a rule, docket fees should be paid upon the filing of the initiatory pleadings.
However, for cogent reasons to be determined by the trial judge, staggered
payment thereof within a reasonable period may be allowed.
Unless grave abuse of discretion is demonstrated, the discretion of the trial judge
in granting staggered payment shall not be disturbed.

17. Tamano v. Ortiz (G.R. No. 126603; June 29, 1998)

The court's jurisdiction cannot be made to depend upon defenses set up in the
answer, in a motion to dismiss, or in a motion for reconsideration, but only upon
the allegations of the complaint.

18. Villagracia v. Fifth Sharia District Court (GR No. 188832; April 23,2014)
Jurisdiction of Sharia Courts
Shari'a District Courts have no jurisdiction over real actions where one of the
parties is not a Muslim.
ART. 143. Original jurisdiction. — xxx (2) Concurrently with existing civil
courts, the Shari'a District Court shall have original jurisdiction over: xxx (b) All
other personal and real actions not mentioned in paragraph 1(d) wherein the
parties involved are Muslims except those for forcible entry and unlawful
detainer, which shall fall under the exclusive original jurisdiction of the Municipal
Circuit Court; xxx

19. Tacay v. RTC of Tagum

Rules where no amount being claimed is specified or fees paid are insufficient
a. Where the complaint or similar pleading sets out a claim purely for money
or damages and there is no precise statement of the amounts being claimed,
the pleading will "not be accepted or admitted, or shall otherwise be
expunged from the record."
The complaint or pleading may be dismissed, or the claims as to which the
amounts are unspecified may be expunged, although as aforestated the
Court may, on motion, permit amendment of the complaint and payment of
the fees provided the claim has not in the meantime become time-barred.

b. Where the pleading does specify the amount of every claim, but the fees
paid are insufficient, the court may allow a reasonable time for the payment
of the prescribed fees, or the balance thereof.
Upon such payment, the defect is cured and the court may properly take
cognizance of the action, unless in the meantime prescription has set in and
consequently barred the right of action.
R.A. No. 11576, or "An Act Further Expanding the Jurisdiction of the Metropolitan
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal
Circuit Trial Courts, Amending for the Purposes Batas Pambansa Blg. 129, Otherwise
Known as 'The Judiciary Reorganization Act of 1980, 'As Amended," amends:

A. Sec. 19 of BP Big. 129 by increasing jurisdictional amount cognizable by RTC:

1. In all civil actions which involve the title to, or possession of, real property,
or any interest therein, where the assessed value exceeds Four hundred
thousand pesos (P400,000.00), except for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over which is conferred
upon the Metropolitan Trial Courts, and Municipal Trial Courts in Cities,
Municipal Trial Courts, and
2. Municipal Circuit Trial Courts;
3. In all actions in admiralty and maritime jurisdiction where the demand or
claims exceeds Two million pesos (P2,000,000.00);
4. In all matters of probate, both testate and intestate, where the gross value of
the estate exceeds Two million pesos (P2,000,000.00); and
5. In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses and costs or the value of
the property in controversy exceeds Two million pesos (P2,000,000.00).

B. Section 33 of BP Big. 129 by increasing the jurisdictional amount cognizable by

the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial Courts (MTCs):
1. In civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not exceed Two
million pesos (P2,000,000.00), exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs, the amount of which
must be specifically alleged;
2. In all civil actions which involve title to, or possessiori of, real property, or
any interest therein where the assessed value of the property or any interest
therein does not exceed Four hundred thousand pesos (P400,000.00)
exclusive on interest, damages of whatever kind, attorney's fees, litigation
expenses and costs; and
3. In admiralty and maritime actions where the demand or claim does not
exceed Two million pesos (P2,000,000.00).
 When does a Civil Action Commence?
RULE 1 - GENERAL PROVISIONS ● A civil action is commenced by the filing of the original complaint in court. With
respect to additional defendants impleaded in a later pleading, the action is
Classification of Actions as to Object commenced on the date of the filing of such later pleading. (Sec 5).
1. An action in personam is an action directed against a person on the basis of his ● This rule, however, is modified by decisions of the Supreme Court on the
personal liability. necessity of payment of the docket fees upon filing of the original complaint. The
2. An action in rem is an action directed against the thing itself instead of against court acquires jurisdiction over any case only upon the payment of the prescribed
the person. docket fee (Manchester Development Corporation vs CA)

3. An action quasi in rem is an action directed. against an individual, named as How should the Rules of Court be construed?
defendant, to subject his interest therein to the obligation or lien burdening the ● Rules shall be liberally construed in order to promote their objective of securing a
property. just, speedy, and inexpensive disposition of every action and proceeding (Sec. 6)

Classification of Actions as to Cause or Foundation ● A strict and rigid application of the rules of procedure, especially on technical
1. A real action is an action affecting title to or possession of real property, or matters, which tend to frustrate rather than promote substantial justice must be
interest therein. avoided.

2. A personal action is one which is not founded upon the privity of real rights or Limitations on the Rule-making power of the Supreme Court
real property. 1. The Rules shall provide a simplified and inexpensive procedure for the speedy
3. A mixed action is one brought for protection or recovery of real property and also disposition of cases;
for an award for damages sustained. 2. The Rules shall be uniform for courts of the same grade; and
3. The Rules shall not diminish, increase, or modify substantive rights.
Classification of actions in general
1. Ordinary civil actions Power of the Courts to Amend or Suspend the Rules
2. Special civil actions ● The courts have the power to relax or suspend technical or procedural rules or to
except a case from their operation when compelling reasons warrant or when the
Civil Action purpose of justice requires it.
● A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong. ● What constitutes good and sufficient cause that would merit suspension of the
rules is discretionary upon the courts.
● A civil action may either be ordinary or special. Both are governed by the rules
for ordinary civil actions, subject to the specific rules prescribed for a special civil ● The following are important factors that would warrant such suspension:
action. 1. The existence of a special or compelling circumstances;
2. The merits of the case;
In what cases not applicable?
3. A cause not entirely attributable to the fault or negligence of the party
1. Election cases favored by the suspension of rules;
2. Land registration cases 4. A lack of any showing that the review sought is merely frivolous and
3. Cadastral cases dilatory; and
4. Naturalization cases 5. The rights of the other party will not be unjustly prejudiced thereby.
5. Insolvency proceedings
● Pro Hac Vice Rule
When the court, in certain exceptional circumstances, suspends a procedural rule
The rules, however, may be applied by analogy or suppletorily whenever practicable
in a particular case, the decision therein cannot be relied on as a precedent since
and convenient.
the ruling is for that particular case only or pro hac vice.
Prospective Application of the Rules of Court
RULE 2 - CAUSE OF ACTION
● The rules shall govern cases brought after they take effect.
● While procedural rule may be made applicable to actions pending and
Every ordinary civil action must be based on a cause of action.
undetermined at the time of their passage and is retroactive in that sense, the rule
The cause of action, as defined and required of an ordinary civil action, does not apply
does not apply:
when the rules on special civil actions provide otherwise, such as in declaratory relief
1. Where the stature itself or by necessary implication provides that pending and interpleader
actions are excepted from its application;
2. If applying the rule to pending proceedings would impair vested rights;
Right of Action Cause of Action
3. When to do so would not be feasible or would work injustice; or
4. If doing so would involve intricate problems of due process or impair the A right of action refers to the right of A cause of action is the act or omission
independence of the courts. the plaintiff to bring an action and to by which a party violates the rights of
prosecute that action to final judgment. another. (Sec. 2, Rule 2, ROC)
ILLUSTRATION OF PERSONAL ACTIONS (Marquez vs. Varela, 92 Phil. 373).
1. Sps. Yu v. Pacleb (GR No. 172172; February 24, 2009)
Requisites of a Right of Action Elements of a Cause of Action
An action for specific performance praying for the execution of a deed of sale in
1. Existence of a cause of action; 1. The legal right of the plaintiff;
connection with an undertaking in a contract, such as the contract to sell, is an
2. Performance of all conditions 2. The correlative obligation of the
action in personam.
precedent to the bringing of the defendant not to violate the right;
2. Domagas v. Jensen (GR No. 158401; January 17, 2005) action; and and
An action for unlawful detainer or forcible entry is a real action and in 3. Right to bring and maintain the 3. The act or omission of the
personam because the plaintiff seeks to enforce a personal obligation or liability action must be in the ferson defendant in violation of the said
on the defendant under Article 539, NCC for the latter to vacate the property instituting it. legal right.
subject of the action, restore physical possession thereof to the plaintiff, and pay
actual damages by way of reasonable compensation for his use or occupation of
What is the test of the sufficiency of a cause of action?
the property.
Whether or not admitting the facts alleged, the court could render a valid verdict in
3. Cabutihan v. Landcenter (GR No. 146549; June 10, 2002) accordance with the prayer in the complaint. (Misamis Occidental II Cooperative vs.
Breach of contract gives rise to a cause of action for specific performance or for David, 468 SCRA 63).
rescission.
A complaint is said to assert a sufficient cause of action if, admitting what appears
ILLUSTRATION OF REAL ACTIONS solely on its face to be correct, the plaintiff would be entitled to the relief prayed for.
1. Go v. UCPB (GR No. 156187; November 11, 2004)
The cancellation of the real estate mortgage is a real action considering that a Failure to State a Cause of Action Lack of Cause of Action
real estate mortgage is a real right and a real property by itself. Such action affects
title to the property. Failure to state a cause of action refers Lack of cause of action refers to the
2. Gochan v. Gochan (GR No. 146089; December 13, 2001) to the insufficiency in the allegations in situation where the evidence does not
The complaint was denominated as one for "specific performance and damages." the pleading. prove the cause of action alleged in the
The relief sought, however, is the conveyance or transfer of real property or the pleading.
execution of deeds of conveyance in their favor. Under these circumstances, the
case was actually a real action, affecting as it does title to or possession of real Remedy is to allege the same as an Remedy is to file a demurrer of
property. affirmative defense in the answer. evidence.
 Requisites for Joinder of Causes of Action
A party may not institute more than one suit for a single cause of action.
A party may in one pleading assert, in the alternative or otherwise, as many causes of
action as he may have against an opposing party, subject to the following conditions:
Splitting a Single Cause of Action Joinder of Causes of Action
1. The party joining the causes of action shall comply with the rules on joinder of
Splitting a single cause of action is the Joinder of Causes of Action is the parties;
act of instituting two or more suits on assertion of as many causes of action as
Joinder of causes of action may involve the same parties or different parties. If it
the basis of the same cause of action. a party may have against another in one
involves different parties, the following, in relation to Permissive Joinder of
pleading alone. It is the uniting of two or
Parties under Section 6 of Rule 3, should be complied with:
In splitting a cause of action, the pleader more demands or right of action in a
divides a single cause of action, claim or complaint. (Decena v. Piquero, G.R. No. a. The right to relief arises out of the same transaction or series of transactions;
demand into two or more parts and 155736, March 31, 2005). b. There is a question of law or fact common to all the plaintiffs or defendants;
brings a suit for one of such parts with and
the intent to reserve the rest for another c. Such joinder is not otherwise proscribed by the provisions of the Rules on
separate action. jurisdiction and venue.

Remedy of the defendant where a There is misjoinder of causes of action 2. The joinder shall not include special civil actions or actions governed by special
single cause of action has been split: when the conditions for joinder under rules;
Section 5, Rule 2 are not met. 3. Where the causes of action are between the same parties but pertain to different
1. Move to dismiss on the grounds of:
venues or jurisdictions, the joinder may be allowed in the RTC provided one of
a. Litis pendentia - if the first Remedy in case of Misjoinder the causes of action falls within the jurisdiction of said court and the venue lies
action is pending when the 1. When there is a misjoinder, the therein; and
second action is filed; or erroneously joined cause of action
b. Res judicata - if a final can be severed and proceeded 4. Where the claims in all the causes of action are principally for recovery of money,
judgment had been rendered separately upon motion by a party the aggregate amount claimed shall be the test of jurisdiction.
in the first action when the or upon the court's own initiative.
second action is filed. Joinder of Causes of Action is NOT Compulsory
2. There may be dismissal upon The joinder of causes of action, where allowable, is permissive and not mandatory in
2. File an answer alleging the motion by a party or the court's the absence of a contrary statutory provision, even though the causes of action arose
afore-mentioned grounds as own motion due to the refusal to from the same factual setting and might under applicable joinder rules be joined
affirmative defenses. comply with the court's order to
sever the misjoined causes of CASE DOCTRINES
action. without any justifiable 1. Del Rosario v. Far East Bank & Trust Co. (GR No. 150134, October 31, 2007)
reason, pursuant to Section 3, Rule A party cannot, by varying the form of action or adopting a different method of
17, dismissal due to the fault of the presenting his case, or by pleading justifiable circumstances as herein petitioners
Plaintiff. are doing, escape the operation of the principle that one and the same cause of
action shall not be twice litigated.
Alternative Joinder Cumulative Joinder 2. Progressive Dev. Corp. Inc. v. CA (G.R. No. 123555; January 22, 1999)
A claim cannot be divided in such a way that a part of the amount of damages
Alternative Joinder exists when causes Cumulative Joinder exists when the
may be recovered in one case and the rest, in another.
of action are set forth in one pleading plaintiff seeks relief from all his causes
alternatively or hypothetically. The of action.
3. Joseph v. Bautista (GR No. L-41423; February 23, 1989)
plaintiff seeks relief from either one of
The singleness of a cause of action lies in the singleness of the delict or wrong
the causes of action, not both.
violating the rights of one person. If only one injury resulted from several
wrongful acts, only one cause of action arises.
 Failure to State Lack or Absence
4. Flores v. Mallare-Philipps (G.R. No. L-66620; September 24, 1986)
Totality Rule Refers to the insufficiency of the Refers to a situation where the evidence
pleading. does not prove the cause of action
Where there are several claims or causes of action between the same or different
alleged in the pleading.
parties, embodied in the same complaint, the amount of the demand shall be the
totality of the claims in all the causes of action.
Ground for dismissal under Rule 16 of Not a ground for dismissal.
a. In cases where a plaintiff sues a defendant on two or more separate causes the Rules of Court.
of action.
● The amount of the demand shall be the totality of the claims in all the Means that the complaint's allegations Means that there is insufficiency in the
causes of action irrespective of whether the causes of action arose out are insufficient for the court to know that factual basis of the action.
of the same or different transactions. the rights of the plaintiff were violated
by the defendant.
● If the total demand exceeds twenty thousand pesos, then the regional
trial court has jurisdiction.
● If the causes of action are separate and independent, their joinder in RULE 3 - PARTIES TO CIVIL ACTIONS
one complaint is permissive and not mandatory, and any cause of
action where the amount of the demand is P20,000 or less may be the
subject of a separate complaint filed with a metropolitan or municipal The plaintiff may refer to the claiming The defendant may refer to the original
trial court. party, the counter-claimant, the defending party, the.defendant in a
cross-claimant, or the third (fourth, counterclaim, the cross-defendant, or the
b. In cases where a plaintiff sues a defendant on two or more separate causes etc.)-party plaintiff. third (fourth, etc.)-party defendant.
of action.
● The causes of action in favor of the two or more plaintiffs or against
Requirements for a person to be a party to a civil action:
the two or more defendants should arise out of the same transaction or
series of transactions and there should be a common question of law or 1. He must be a:
fact, as provided in Section 6 of Rule 3. a. Natural person;
b. Juridical person; or
○ In cases of permissive joinder of parties, under Section 6 of Rule
c. Entity authorized by law.
3, the total of all the claims shall now furnish the jurisdictional
test. 2. He must have legal capacity to sue; and
○ If instead of joining or being joined in one complaint separate 3. He must be the real party-in-interest.
actions are filed by or against the parties, the amount demanded in
each complaint shall furnish the jurisdictional test. Remedy when a party impleaded is not authorized to be a party:
1. If Plaintiff - raise an affirmative defense that the plaintiff has no legal capacity to
5. Lourdes Suites v. Binaro (G.R. No. 204729; August 6, 2014) sue; and
2. If Defendant - raise an affirmative defense that the pleading fails to state a cause
Failure to State Failure to Prove of action.

The remedy is to move for dismissal of The remedy is to demur to the evidence. Standing to Sue
the pleading. He who is directly affected and whose interest is immediate and substantial has the
standing to sue. A party must show a personal stake in the outcome of the case or an
injury to himself that can be redressed by a favorable decision in order to warrant an
invocation of the court's jurisdiction and justify the exercise of judicial power on his
behalf.
Real Party in interest (Section 2) Permissive Joinder of Parties (Section 6)
● Real Party-in-Interest is a party who stands to be benefitted or injured by the ● General Rule
judgment in the suit, or the party entitled to the avails of the suit. All persons in whom or against whom any right to relief in respect to or arising
out of the same transaction or series of transactions is alleged to exist, whether
● Unless otherwise authorized by law or Rules, every action must be prosecuted or
jointly, severally, or in the alternative, may join as plaintiffs or be joined as
defended in the name of the real party in interest.
defendants in one complaint.
● The interest must be real which is a present and substantial interest vis-a-vis a
● Exception
mere contingency or a future, subordinate or consequential interest.
Unless otherwise provided in these Rules.
● If a suit is not brought in the name of or against the real party in interest, a motion
● The court may make such orders as may be just to prevent any plaintiff or
to dismiss may be filed on the ground that the complaint states no cause of action.
defendant from being embarrassed or put to expense in connection with any
proceedings in which he may have no interest.
Representatives as Parties (Section 3)
● Representatives are allowed as parties where the action is allowed to be ● Requisites:
prosecuted by a representative or someone acting in a fiduciary capacity. 1. The right to relief arises out of the same transaction or series of transactions;
● The beneficiary shall be included in the title of the case and shall be deemed to be 2. There is a question of law or fact common to all the plaintiffs or defendants;
the real party in interest. and
● A representative may be: 3. Such joinder is not otherwise proscribed by the provisions of the Rules on
1. A trustee of an express trust, jurisdiction and venue.
2. A guardian, Compulsory Joinder of Parties (Section 7)
3. An executor or administrator, or ● Parties-in-interest without whom no final determination can be had of an action.
4. A party authorized by law or by the Rules. ● Joinder of a party is compulsory when the one involved is an indispensable party.
● An agent may sue or be sued solely in its own name and without joining the ● Non-joinder of indispensable parties is not a ground to dismiss the action.
principal when the following elements concur:
○ The remedy is to implead the non-party claimed to be indispensable either
1. The agent acted in his own name during the transaction; by order of the court on motion or on its own.
2. The agent acted for the benefit of an undisclosed principal; and ○ If the petitioner refuses to implead despite order of the court, the latter may
3. The transaction did not involve the property of the principal. dismiss the complaint for the petitioner’s failure to comply therewith.
(Pacana-Contreras vs. Rovila Water Supply)
Spouses as Parties (Section 4)
Husband and wife shall sue or be sued jointly. Necessary Parties (Section 8)
● Necessary parties are those who are not indispensable but who ought to be joined
Minor or Incompetent Persons (Section 5) as a party if complete relief is to be accorded or for a complete determination or
● A minor or incompetent may sue or be sued. He can be a party but with the settlement of the claim.
assistance of his father, mother, guardian, or if he has none, a guardian ad litem.
● Their non-inclusion does not prevent the court from proceeding in the action. The
● It is sufficient that his incompetency be alleged in the corresponding pleadings judgment rendered therein shall be without prejudice to the rights of such
and the trial court may pass upon the truth and effects thereof. necessary parties.

Indispensable Party Unwilling Co-Plaintiff (Section 10)

An indispensable party is one whose interest in the subject matter of the suit and the If the consent of any party who should be joined as plaintiff cannot be obtained, he
relief sought are so inextricably intertwined with the other parties that his legal may be made a defendant and the reason therefor shall be stated in the complaint.
presence as a party to the proceeding is an absolute necessity.
Non-Joinder of Necessary Parties (Section 9)
● By the phrase "subject matter of the action" is meant "the physical facts, the
Whenever in any pleading in which a claim is asserted a necessary party is not joined,
things real or personal, the money, lands, chattels, and the like, in relation to
the pleader:
which the suit is prosecuted, and not the delict or wrong committed by the
1. shall set forth his name, if known, and defendant."
2. shall state why he is omitted. ● Adequacy of Representation
Should the court find the reason for the omission unmeritorious, it may order the In determining the question of fair and adequate representation of members of a
inclusion of the omitted necessary party if jurisdiction over his person may be obtained. class, the court must consider:
The failure to comply with the order for his inclusion, without justifiable cause, shall 1. Whether the interest of the named party is coextensive with the interest of
be deemed a waiver of the claim against such party. the other members of the class;
2. The proportion of those made a party, as it so bears, to the total membership
The non-inclusion of a necessary party does not prevent the court from proceeding in
of the class; and
the action, and the judgment rendered therein shall be without prejudice to the rights of
such necessary party. 3. Any other factor bearing on the ability of the named party to speak for the
rest of the class.
Misjoinder and Non-joinder of Parties (Section 11)
Alternative Defendants (Section 13)
● Definitions
Where the plaintiff is uncertain against who of several persons he is entitled to relief,
1. Misjoinder of parties exist when a party is made a party to the action when he may join any or all of them as defendants in the alternative, although a right to relief
she should not have been impleaded. Any claim against a misjoined party against one may be inconsistent with a right of relief against the other.
may be severed.
2. Non-Joinder of Parties means the failure to bring a person who is a Unknown Identity or Name of Defendant (Section 14)
necessary party or in this case an indispensable party into a lawsuit. Whenever the identity or name of a defendant is unknown, he may be sued as the
unknown owner, heir, devisee, or by such other designation as the case may require;
● When is misjoinder or non-joinder a ground for dismissal? when his identity or true name is discovered, the pleading must be amended
The misjoinder or non-joinder of a party is not per se a ground for dismissal. But accordingly.
when the court orders the adding or dropping of a party and such is not obeyed,
the ground for dismissal will be the failure to to comply with the court’s order. Entities without Juridical Personality as Defendants (Section 15)
● When two or more persons not organized as an entity with juridical personality
Class Suit (Section 12) enter into a transaction, they may be sued under the name by which they are
● Requisites: generally or commonly known.
1. The subject matter of the controversy is one of common or general interest In the answer of such defendant, the names and addresses of the persons
to many persons; composing said entity must all be revealed.
2. The number of persons is so numerous that it is impracticable to join all as ● Service of summons may be effected upon all the defendants by serving upon any
parties; one of them, or upon the person in charge of the office or place of business
maintained in such name (ROC, Rule 14, Sec. 8).
3. The parties actually before the court are sufficiently numerous and
representative as to fully protect the interests of all concerned; ● An entity without juridical personality may be sued under a common name by
which it is commonly known when it represents to the plaintiff under a common
4. The representatives sue or defend for the benefit of all. name, and the latter relies on such representation (Lapanday vs. Estita, G.R.
● When plaintiffs have a separate and distinct reputation in the community, they do 162109, January 21, 2005).
not have a common or general interest in the subject matter of the controversy, ● With respect to judgments rendered in this situation, Section 6 of Rule 36
hence, there is no class suit. provides that when judgment is rendered against two or more persons associated
in an entity without juridical personality, the judgments shall set out their
individual or proper names, if known.
Death of a Party (Section 16) 3. It is satisfactorily shown to the court by any party, within 30 days after the
● The provision is the only representation that counsel can undertake after the death successor takes office, that there is a substantial need for continuing or
of a client as the fact of death terminated any further lawyer-client relationship. maintaining the action;
● Duties of the Counsel 4. That the successor adopts or continues or threatens to adopt or continue the action
of his predecessor; and
1. Inform the court within 30 days after such death of the fact thereof; and
5. The party or officer affected has been given reasonable notice of the application
● Upon the receipt of the notice of death, the court shall determine therefor and accorded an opportunity to be heard.
whether or not the claim is extinguished by such death.
● If the claim survives, the court shall order the legal representative/s of Incompetency or Incapacity (Section 18)
the deceased to appear and be substituted for the deceased within 30 If a party becomes incompetent or incapacitated, the court, upon motion with notice,
days from notice (Rule 3, Sec. 16). may allow the action to be continued by or against the incompetent or incapacitated
person assisted by his legal guardian or guardian ad /item.
2. Give the name and address of his legal representative/s.
● Effect of Failure to Comply with these Duties Indigent Parties (Section 21)
○ Failure of counsel to comply with his duty shall be a ground for disciplinary ● Indigent parties are those who have no money or property sufficient and available
action. for food, shelter, and basic necessities for himself and his family. Only a natural
○ The failure of counsel to comply with his duty under Section 16 to inform party litigant may be regarded as an indigent litigant.
the court of the death of his client and the non-substitution of such party will ● Indigent Litigants under Section 19, Rule 141, are those:
not invalidate the proceedings and the judgment thereon if the action
1. Whose gross income and that of their immediate family do not exceed an
survives the death of such party.
amount double the monthly minimum wage of an employee; and
○ The decision rendered shall bind the party's successor-in-interest.
2. Who do not own real property with a fair market value-as stated in the
● The rules operate on the presumption that the attorney for the deceased party is in current tax declaration of more than three hundred thousand (P300,000.00)
a better position than the attorney for the adverse party to know about the death of pesos shall be exempt from payment of legal fees.
his client and to inform the court of the name and address of his legal
● If the applicant for exemption meets the salary and property requirements under
representative
Section 19 of Rule 141, then the grant of the application is mandatory.
● Formal substitution is not necessary when the heirs themselves voluntarily
On the other hand, when the application does not satisfy one or both
appeared in the action, participated therein, and presented evidence in defense of
requirements, then the application should not be denied outright; instead, the court
deceased defendant (Vda. de Salazar v. CA, G.R. No. 121510, Nov. 23, 1995).
should apply the indigency test under Section 21 of Rule 3 and use its sound
● The court may order the opposing party to procure the appointment of an executor discretion in determining the merits of the prayer for exemption.
or administrator in any of the following situations:
○ If the court should determine after hearing that the party declared as an
1. The counsel for the deceased does not name a legal representative; or indigent is in fact a person with sufficient income or property, the proper
2. There is a representative named but he fails-to appear within the specified docket and other lawful fees shall be assessed and collected by the clerk of
period court. If payment is not made within the time fixed by the court, execution
shall issue or the payment thereof, without prejudice to such other sanctions
Death or Separation of a Party who is a Public Officer (Section 17) as the court may impose.
The action may be continued and maintained by or against the successor in the public
● An indigent party can file a case without the required docket fees, other lawful
office if the following requisites are present:
fees and stenographic notes. All these will be considered as lien on any judgment,
1. Public officer is a party to an action in his official capacity; unless otherwise provided by the court.
2. During the pendency of the action, he either dies, resigns, or otherwise ceases to
● A certificate of indigency must be attached to the pleadings issued either by the
hold office;
Barangay in which the party is a resident or the DSWD (A. M. No. 08-11- 7-SC
(2009), Art. V, Sec. 3 (f) and (g)).
Sps. Algura v. City of Naga RULE 4 - VENUE OF ACTIONS
(G.R. No. 150135; October 30, 2006)
● When an application to litigate as an indigent litigant is filed, the court shall
scrutinize the affidavits and supporting documents submitted by the applicant to Jurisdiction Venue
determine if the applicant complies with the income and property standards
prescribed in the present Section 19 of Rule 141—that is: Authority to hear and determine a case Where the case is to be heard or tried

1. the applicant's gross income and that of the applicant's immediate family do A matter of substantive law A matter of procedural law
not exceed an amount double the monthly minimum wage of an employee;
and Establishes a relation between the court Establishes a relation between the parties
2. the applicant does not own real property with a fair market value of more and the subject matter
than Three Hundred Thousand Pesos (PhP 300,000.00).
Fixed by law and cannot be conferred by Can be conferred by the act or agreement
● If the trial court finds that the applicant meets the income and property the parties of the parties
requirements, the authority to litigate as an indigent litigant is automatically
granted and the grant is a matter of right.
Real Action Personal Action
● If the trial court finds that one or both requirements have not been met, then it
would set a hearing to enable the applicant to prove that the applicant has "no Real Actions are those affecting title to, Personal Actions are those founded on
money or property sufficient and available for food, shelter and basic necessities or possession of real property, or interest privity of contract or for the resolution of
for himself and his family." therein, or forcible entry and detainer a contract or for the recovery of personal
○ In that hearing, the adverse party may adduce countervailing evidence to actions property.
disprove the evidence presented by the applicant; after which the trial court
will rule on the application depending on the evidence adduced. The court which has jurisdiction over the The court which has jurisdiction where
area wherein the real property is the plaintiff or the defendant resides or in
○ In addition, Section 21 of Rule 3 also provides that the adverse party may involved, or a portion thereof, is situated. case of non-resident defendant where he
later still contest the grant of such authority at any time before judgment is may be found, at the election of the
rendered by the trial court, possibly based on newly discovered evidence not In case of non-resident defendants, the plaintiff.
obtained at the time the application was heard. If the court determines after action may be commenced and tried in
hearing, that the party declared as an indigent is in fact a person with the court of the place where the plaintiff
sufficient income or property, the proper docket and other lawful fees shall resides, or where the property or any
be assessed and collected by the clerk of court. portion thereof is situated or found.
○ If payment is not made within the time fixed by the court, execution shall
issue or the payment of prescribed fees shall be made, without prejudice to When is the stipulation as to the venue restrictive or permissive?
such other sanctions as the court may impose.
● Written stipulations as to venue may be restrictive in the sense that the suit may
● Recapitulating the rules on indigent litigants, therefore: be filed only in the place agreed upon, or merely permissive in that the parties
may file their suit not only in the place agreed upon but also in places fixed by
1. If the applicant for exemption meets the salary and property requirements law.
under Section 19 of Rule 141, then the grant of the application is mandatory.
● Unless it is made very clear by employing categorical and suitably limiting
2. When the application does not satisfy one or both requirements, then the language that they wish the venue of actions be laid only at a definite place,
application should not be denied outright; instead, the court should apply the agreements on venue are not to be regarded as mandatory but merely permissive.
"indigency test" under Section 21 of Rule 3 and use its sound discretion in (Unimasters Conglomeration Inc. vs CA G.R. 119657)
determining the merits of the prayer for exemption.
What is residence?
RULES 6 - KINDS OF PLEADINGS
The term “resides” was clarified and held to be viewed in its popular sense - the actual
or physical habitation of a person, actual residence or place of abode. (Saludo vs
American Express International, Inc. G.R. No. 159507) Pleadings are written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment (Rule 6, Section 1).
Residence v. Domicile
Residence simply requires bodily presence as an inhabitant in that place while domicile Pleadings Allowed
requires both bodily presence and an intention to make its domicile. Thus, a man can 1. Complaint
have but one domicile but he may have numerous places of residence (Id.)
● Section 3. 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
When is Rule 4 Not Applicable?
and defendant must be stated in the complaint.
1. In those cases where a specific rule or law provides otherwise; or
● Test of Sufficiency of the Facts Alleged in the Complaint to Constitute a
2. Where the parties have validly agreed in writing before the filing of the action on Cause of Action:
the exclusive venue thereof (Sec 4, Rule 4) Whether, admitting the facts alleged, the court could render a valid judgment
upon the same in accordance with the prayer of the petition or complaint
RULE 5 - UNIFORM PROCEDURE IN TC
2. Answer

Section 1. Uniform procedure. – The procedure in the Municipal Trial Courts shall be ● Section 4. An answer is a pleading in which a defending party sets forth his
the same as in the Regional Trial Courts, except or her defenses.
a. where a particular provision expressly or impliedly applies only to either of said ● An answer is a responsive pleading that only answers to:
courts, or a. Complaint
b. in civil cases governed by the Rule on Summary Procedure. (n) b. Counterclaim
c. Crossclaim
Section 2. Meaning of terms. – The term “Municipal Trial Courts” as used in these
● Section 5. Defenses:
Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities,
a. A negative defense is the specific denial of the material fact or facts
Municipal Trial Courts, and Municipal Circuit Trial Courts.
alleged in the pleading of the claimant essential to his or her cause or
causes of action.
Pursuant to Rule 5, when Rule 38 of the Rules of Court declares that a party may file a
petition for relief from a judgment or final order issued by “any court” through fraud, b. An affirmative defense is an allegation of a new matter which, while
accident, mistake, or excusable negligence (FAME), the term “any court” refers only to hypothetically admitting the material allegations in the pleading of the
municipal/metropolitan and regional trial courts. claimant, would nevertheless prevent or bar recovery by him or her.
● The affirmative defenses include:
The procedure before the Court of Appeals and the Supreme Court is governed by 1. Fraud
separate provisions of the Rules of Court. The remedy of petition for relief does not 2. Statute of limitations
exist for judgments of the Court of Appeals or the Supreme Court. 3. Release
4. Payment
If the municipal trial court dismisses a case without a trial on the merits, the regional 5. Illegality
trial court, on appeal, may affirm or reverse the order of dismissal. In case of 6. Statute of Frauds
affirmance on the ground of lack of jurisdiction over the subject matter, the regional 7. Estoppel
trial court shall try the case on the merits as if the case was originally filed with it, if it 8. Former Recovery
has jurisdiction thereover. 9. Discharge in Bankruptcy
10. Any other matter by way of confession and avoidance
 ● Affirmative defenses may also include grounds for the dismissal b. It does not require for its adjudication the presence of third parties over
of a complaint, specifically: whom the court cannot acquire jurisdiction;
1. That the court has no jurisdiction over the subject matter c. The court has jurisdiction over the amount and nature of the case; and
2. That there is another action pending between the same d. It must be cognizable by the regular courts of justice.
parties for the same cause
General Rule
3. That the action is barred by a prior judgment A compulsory counterclaim not set up in the answer is deemed barred.
● Other affirmative defenses are also provided in Rule 8, Sec. 12 of Exception
the ROC, which the court must motu proprio resolve within 30
calendar days from filing of answer: a. If it is a counterclaim which either matured or was acquired by a party
after serving his answer. In this case, it may be pleaded by filing a
1. That the court has no jurisdiction over the person of the supplemental answer or pleading before judgment, with the permission
defending party; of the court (ROG, Rule 11, Sec. 9); and
2. That venue is improperly laid; b. When a pleader fails to set-up a counterclaim through oversight,
3. That the plaintiff has no legal capacity to sue; inadvertence, excusable negligence, or when justice requires, he may,
4. That the pleading asserting the claim states no cause of by leave of court, set-up the counterclaim by amendment of the
action; and pleadings before judgment.
5. That a condition precedent for filing the claim has not been ● Permissive Counterclaim
complied with. A permissive counterclaim is an initiatory pleading. As such, it is subject to
● Negative Pregnant is a denial pregnant with the admission of the substantial the requirements on the payment of docket fees and certification against
facts in the pleading responded to which are not squarely denied. It was, in forum shopping.
effect, an admission of the averments it was directed at. a. It has a necessary connection with the transaction or occurrence that is
● Section 13. A third (fourth, etc.)-party defendant may allege in his or her the subject matter of the opposing party’s claim;
answer his or her defenses, counterclaims or cross-claims, including such b. Even where there is such connection, the Court has no jurisdiction to
defenses that the third (fourth, etc.)-party plaintiff may have against the entertain the claim; and
original plaintiff’s claim. In proper cases, he [or she] may also assert a c. It requires for its adjudication the presence of third persons over whom
counterclaim against the original plaintiff in respect of the latter’s claim the Court cannot acquire jurisdiction.
against the third-party plaintiff.
● Section 9.
3. Counterclaim a. A counterclaim may be asserted against an original counter-claimant.
● Section 6. A counterclaim is any claim which a defending party may have b. A cross-claim may also be filed against an original cross-claimant.
against an opposing party.
4. Cross-claim
● A counterclaim is in itself a distinct and independent cause of action and
when filed, there are two simultaneous actions between the same parties. It ● Section 8. A cross-claim is any claim by one party against a co-party arising
must be answered within 20 calendar days from service. 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
● Dismissal of the complaint does not carry with it the dismissal of the or part of the original claim.
counterclaim.
● A cross-claim is an initiatory pleading, thus, subject to the requirements on
● Section 7. Compulsory Counterclaim is one which: the payment of docket fees and certification against forum shopping.
a. Arises out of or is necessarily connected with the transaction or
● Requirements:
occurrence which is the subject matter of the opposing party’s claim;
a. Can be filed only against a co-party;
 b. Must arise out of the subject matter of the complaint; and ● Leave of Court to file a third party complaint may be obtained by motion
c. Proper only where cross claimant stands to be prejudiced by the filing under Rule 15.
of the action against him. ● Admission of a third-party complaint lies within the sound discretion of the
● General Rule trial court. If leave of court is denied, then the only proper remedy is to file a
A cross-claim which is not set up in the action is barred. separate case.
Exception ● Grounds to deny admission of 3rd party complaint:
a. When it is outside the jurisdiction of the court; a. The third-party defendant cannot be located within 30 calendar days
b. If the court cannot acquire jurisdiction over 3rd parties whose presence from the grant of such leave;
is necessary for the adjudication of said cross-claim (what some writers b. Matters extraneous to the issue in the principal case are raised; or
call a permissive cross-claim); c. The effect would be to introduce a new and separate controversy into
c. If through oversight, inadvertence, or excusable negligence, it is not the action.
asserted, it may still be set up with leave of court, by amendment of the
pleadings; or 6. Complaint or Answer-in-intervention
d. Cross-claim that may mature or may be acquired after service of the ● Intervention is a remedy by which a third party, who is not originally
answer may, by permission of the court, be presented by supplemental impleaded in a proceeding, becomes a litigant for purposes of protecting his
pleadings before judgment. or her right or interest that may be affected by the proceedings.
● A cross-claim cannot be set up for the first time on appeal. ○ If the purpose of the motion for intervention is to assert a claim against
either or all of the original parties, the pleading shall be called a
● The dismissal of the complaint carries with it the dismissal of a cross-claim Complaint-in-Intervention.
which is purely defensive, but not a cross-claim seeking an affirmative
○ If the purpose is to unite with the defending party in resisting a claim
relief.
against the latter, the pleading is called an Answer-in-Intervention.
5. Third (fourth, etc – party complaint)
7. Reply
● Section 11. A third (fourth, etc.)-party complaint is a claim that a defending
● Section 10. Reply is a pleading, the office or function of which is to deny, or
party may, with leave of court, file against a person not a party to the action,
allege facts in denial or avoidance of new matters alleged in, or relating to,
in respect of his opponent’s claim, for:
an actionable document. It is a responsive pleading to an answer.
a. Contribution;
● Actionable document is a document upon which an action or defense is
b. Indemnity;
based. A document is actionable when an action or defense is grounded
c. Subrogation; or upon such written instrument or document.
d. Any other relief.
● General Rule
● Requisites provided in Philtranco Services v. Paras, G.R. No. 161909, 25 The filing of the reply is optional as the new matters raised in the answer are
April 2012: deemed controverted even without a reply.
a. The party to be impleaded must not yet be a party to the action; Exception
b. The claim against the third-party defendant must belong to the original Reply is necessary where the answer is based on an actionable document in
defendant; which case a verified reply is necessary, otherwise the genuineness and due
c. The claim of the original defendant against the third-party defendant execution of said actionable document are generally deemed admitted.
must be based upon the plaintiff's claim against the original defendant; ● When rejoinder may be filed
and If an actionable document is attached to the reply filed by the plaintiff, the
d. The defendant is attempting to transfer to the third-party defendant the defendant may file a rejoinder but only to controvert the actionable
liability asserted against him by the original plaintiff. document.
 ● When is a reply improper
5. Certification against forum shopping
A reply to a counterclaim or cross-claim is improper. An answer thereto This requirement is based on Administrative Circular No. 04-94. The Circular is
must be filed instead within 10 days from the receipt thereof. mandatory but not jurisdiction. Substantial compliance is sufficient. Thus,
although the Certification was not filed simultaneously with the initiatory
Bringing New Parties (Section 12) pleading, its filing within the reglementary period was a substantial compliance.
When the presence of parties other than those to the original action is required for the
granting of complete relief in the determination of a counterclaim or cross-claim, the Test to determine forum shopping
court shall order them to be brought in as defendants, if jurisdiction over them can be
obtained. ● The test in determining the presence of forum shopping is whether in the
two or more cases pending, there is identity of (a) parties, (b) rights or
causes of action, and (c) reliefs sought.
RULE 7 - PARTS & CONTENTS OF A PLEADING
● The failure to comply with the requirements is not curable by mere
amendment of the pleading but shall be cause for dismissal of the case,
1. Caption without prejudice, unless otherwise provided. Dismissal shall be upon
Section 1. The caption sets forth the name of the court, the title of the action, and motion and after hearing (Section 5).
the docket number if assigned.
● Willful and deliberate forum shopping shall be a ground for summary
2. Body dismissal and shall constitute direct contempt as well as a cause for
The body of the pleading sets forth its designation, the allegations of the party’s administrative sanctions.
claims or defenses, the relief prayed for, and the date of the pleading. ● Submission of false certification or non-compliance with the undertakings
The body of the pleading shall state: therein shall constitute indirect contempt of court, without prejudice to
a. the allegation of the party’s claims and defenses, corresponding administrative and criminal actions.
b. relief(s) prayed for; and ● If the forum shopping is not willful and deliberate, the subsequent cases
c. date of the pleading. shall be dismissed without prejudice on one of the two grounds mentioned
above. But if the forum shopping is willful and deliberate, both (or all, if
3. Signature and address
there are more than two) actions shall be dismissed with prejudice.
The complaint must be signed by the plaintiff or counsel representing him/her
indicating his/her address. Certificate should be signed by party not by counsel
A counsel's signature is such an integral part of a pleading that failure to comply ● The certificate of forum shopping should be signed by the party, not hiss
with this requirement reduces a pleading to a mere scrap of paper totally bereft of counsel, because he is in the best position to know whether or not he has
legal effect. Thus, faithful compliance with this requirement is not only a matter initiated similar actions or proceedings in different courts or tribunals.
of satisfying a duty to a court but is as much a matter of fidelity to one's client. A ● Where the petitioner is a corporation, the certification against forum
deficiency in this respect can be fatal to a client's cause shopping should be signed by its duly authorized director or representative.
If the real party in interest is a corporate body, an officer of the corporation
4. Verification
can sign the certification against forum shopping as long as he is authorized
Generally, a pleading need not be verified or under oath except only when
by a resolution of its board of directors.
verification is required by a law or by a rule. A pleading is verified by an affidavit
of an affiant duly authorized to sign said verification. When certificate of forum shopping not required
The signature of the affiant shall further serve as certification of the truthfulness ● It is not required in a compulsory counterclaim.
of the allegations in the pleading. ● A petition for writ of possession under Section 7 of Act 3135 is not a
A pleading with a defective verification shall be treated as unsigned pleading complaint or initiatory pleading. Although denominated as a petition, it is,
which the court may, in its discretion, allow to be reminded if it shall appear that nonetheless, a motion. Thus, it does not require a certification against forum
the same was due to mere inadvertence and not intended for delay. shopping.
 ● When two or more statements are made in the alternative and one of them if made
6. Contents of a pleading independently would be sufficient, the pleading is not made insufficient by the
a. Designation of the pleading; insufficiency of one or more of the alternative statements
b. Allegation of the party’s claims and defenses; ● The plaintiff may, for example, believe that the liability of the carrier may be
c. Reliefs prayed for; based either:
d. Date of the pleading (Sec. 2, Rule 7); 1. on a breach of contract of carriage; or
e. Names of witnesses who will be presented to prove a party’s claim or 2. on a quasi-delict, but he may not be certain which of the causes of action
defense; would squarely fit the set of facts alleged in the complaint, although he is
f. Summary of the witnesses’ intended testimonies, as supported by judicial certain that he is entitled to relief.
affidavits attached to the pleading; and ● He may, therefore, state his causes of action in the alternative. Rule 8, Sec. 2, in
g. Documentary and object evidence in support of the allegations contained in effect, relieves a party from being compelled to choose only one cause of action.
the pleading. (Sec. 6, Rule 7) ● Inconsistent Causes of Actions are Permissible
○ Pleading alternative causes of action normally leads to inconsistent claims.
RULE 8 - MANNER OF MAKING ALLEGATIONS IN PLEADINGS ○ Example the elements of a cause of action based on a contract are
inconsistent with those of a cause of action based on a quasi-delict.
Every pleading shall contain in a methodical and logical form, a plain, concise and ○ Under Sec. 2 of Rule 8, this situation is permissible as long as the allegations
direct statement of the ultimate facts, including the evidence on which the party pleaded within a particular cause of action are consistent with the cause of
pleading relies for his or her claim or defense, as the case may be. action relied upon as an alternative.
● Alternative Defenses
If a cause of action or defense relied on is based on law, the pertinent provisions
Sec. 2 authorizes not only alternative causes of action. It likewise permits
thereof and their applicability to him or her shall be clearly and concisely stated
alternative defenses. Thus, a defendant may assert the defense of payment of the
(Section 1).
debt or the prescription of said debt.
Two Kinds of Facts under the Rules on Pleading
Conditions Precedent (Section 3)
1. Ultimate facts - Essential facts of the claim. A fact is essential if it cannot be ● These are matters which must be complied with before a cause of action arises.
stricken out without leaving the statement of the cause of action inadequate
● When a claim is subject to a condition precedent, the compliance of the same
(Ceroferr Realty Corporation vs. CA)
must be alleged in the pleading.
2. Evidentiary facts - those facts which are necessary for determination of the
● Examples of Conditions Precedent
ultimate facts; they are the premises upon which conclusions of ultimate facts are
based (Womack v. Industrial Comm) 1. A tender of payment is required before making a consignation.
2. Exhaustion of administrative remedies is required in certain cases before
Note: resorting to judicial action.
Both kinds of facts must be alleged in every pleading. If, upon the filing of the 3. Prior resort to barangay conciliation proceedings is necessary in certain
pleading, evidentiary facts are yet to be discovered, a statement must be made that the cases.
evidentiary facts will be produced through the modes of discovery.
4. Earnest efforts toward a compromise must be undertaken when the suit is
between members of the same family and if no efforts were in fact made, the
case must be dismissed.
Alternative Causes of Action or Defenses (Section 4)
● A party may set forth 2 or more statements of a claim or defense alternatively or 5. Arbitration may be a condition precedent when the contract between the
hypothetically, either in one cause of action or defense or in separate causes of parties provides for arbitration first before recourse to judicial remedies.
action or defenses.
● Manner of Alleging Compliance with Conditions Precedent Fraud, Mistake, Condition of the Mind (Section 5)
In any pleading, a general averment of the performance or occurrence of all
Averments of Fraud or Mistake
conditions precedent shall be sufficient
● The circumstances constituting fraud or mistake must be stated with particularity.
Capacity (Section 4) ● In case of ambiguity or failure to alleged the circumstances constituting the fraud
● Only natural and juridical persons can be sued or can sue. or mistake, the remedy is to file a Motion for Bill of Particulars. The complaint
must state with particularity the fraudulent acts of the adverse party. These
1. Natural Persons
particulars would necessarily include the specific acts of fraud committed against
Generally, capacitated to sue or be sued when the person is of legal age.
the plaintiff would help apprise the judge of the kind of fraud involved in the
Exceptions:
complaint (Riano, 2016).
a. Minor – must be represented by the parents / guardian ad litem. The
suit must be in the name of the minor, but represented by the said Averments of Malice, Intent, Knowledge or Other condition of the mind of a person
parents / guardian ad litem
● The circumstances may be averred generally (Sec. 5, Rule 8)
b. Insane – must be represented by a guardian ad litem.
● Reason: The rule is borne out of human experience. Difficult to state the
2. Domestic Corporations - Must be organized under the laws of the particulars constituting the conditions of the mind of a person.
Philippines.
3. Foreign Corporations - Must be:
Specifically alleged with particularity Generally alleged:
○ Organized under a foreign law and is licensed to do business in the
1. Fraud and mistake (Sec. 5, Rule 8); 1. Conditions precedent (Sec. 3, Rule
Philippines; or
and 8)
○ If not doing business in the Philippines, it must be suing under an
2. Capacity (Sec. 4, Rule 8) 2. Malice, intent, knowledge or other
isolated transaction.
conditions of the mind (Sec. 5,
● Facts showing the capacity of a party to sue or be sued or the authority of a party Rule 8); and
to sue or be sued in a representative capacity or the legal existence of an 3. Judgment of a domestic/foreign
organized association of persons that is made a party, must be averred. court, judicial/quasi-judicial
● A party desiring to raise an issue as to the legal existence of any party or the tribunal, or of a board/officer.
capacity of any party to sue or be sued in a representative capacity, shall do so by Provided, an authenticated copy of
specific denial, which shall include such supporting particulars as are peculiarly the judgment or decision shall be
within the pleader’s knowledge (Sec. 3, Rule 8). attached to the pleading (Sec. 6,
Rule 8)
● Determination of the capacity to sue or be sued
Reading of the allegations in the complaint. Capacity of the complainant and the
defendant must be stated in the complaint. JUDGMENT (Section 6)
Domestic and Foreign Judgment
Lack of Legal Capacity to Sue Lack of Personality to Sue 1. Sufficient to aver the judgment/decision without setting forth the matter showing
jurisdiction to render it;
Plaintiff’s general disability to sue on The fact that the plaintiff is not a real 2. Attaching an authenticated copy of the judgement or decision in the pleading
account of minority, insanity. The party in interest (Sec. 6, Rule 8)
plaintiff does not have the necessary
qualifications Remedy: File an answer and raise as an Note: The rule requires that the authenticated copy of the decision is attached in the
affirmative defense that the complaint pleading. Such authenticated copy need not be consularized; sufficient if the
Remedy: File an answer and raise lack of states no cause of action. authenticated copy is apostilled.
capacity to sue as an affirmative defense.
ACTION OR DEFENSE BASED ON DOCUMENT (Section 7) Defenses NOT cut off by the admission of genuineness and due execution:
A written document used as basis for the cause of action or for the defense [contract of 1. Payment or non-payment;
lease, promissory note]. 2. Want of consideration;
1. Substance of such instrument or document shall be set forth in the pleading; and 3. Illegality of consideration;
2. Original or a copy of the document shall be attached to the pleading as an exhibit. 4. Usury;
(Sec. 7, Rule 8).
5. Fraud;
Note: A party can only file a reply when the answer is based on an actionable 6. Statute of Limitation;
document. 7. Duress;
8. Imbecility;
HOW TO CONTEST THE DOCUMENT (Section 8)
9. Mistake;
1. By specifically denying the due genuineness and due execution of the document
10. Minority;
under oath; and
11. Compromise; and
2. By setting forth what the party claims to be the facts
12. Estoppel.
● When an action or defense is founded upon a written instrument, or attached
to the corresponding pleading, the genuineness and due execution of the
OFFICIAL DOCUMENT OR ACT (Section 9)
instrument shall be deemed admitted (Sec. 8, Rule 8).
Official Document/Act - Sufficient to aver that the document was issued/the act was
● Mere statement of “specifically deny” and “for being self serving and pure
done in compliance with law.
conclusions” do not constitute and effective denial (Go Tong Electrical
Supply v. BPI).
SPECIFIC DENIAL (Section 10)
1. Absolute Denial - Defendant must specify each material allegation of fact the
When an oath is not required
truth of which he or she does not admit and, whenever practicable, shall set forth
1. Adverse party does not appear to be a party to the instrument; or the substance of the matters upon which he or she relies to support his or her
2. Compliance with an order for an inspection of the original instrument is refused denial.
(Sec. 8, Rule 8).
2. Partial Denial - Defendant must specify so much of it as is true and material and
shall deny only the remainder.
Technical Admission - The failure of a party to specifically deny the genuineness and
due execution of the instrument will give rise to a technical admission that the said 3. Disavowal of Knowledge - Defendant alleges that he is without knowledge or
document is genuine and is duly executed. information, thus, he shall so state, and this shall have the effect of a denial.

Genuineness - The instrument is not spurious or different. Specific Denial - The mere statement the Answer that they "specifically deny" the
pertinent allegations of the Complaint doesn’t constitute an effective specific denial.
Due execution - The signature in the document is voluntarily and knowingly affixed; Stated otherwise, a general denial does not become specific by the use of the word
that it is genuine; and that the party who executed the document has authority to sign. "specifically" (Go Tong Electrical Supply, Inc. vs BPI).

Defenses cut off by the admission of genuineness and due execution - When a party Negative Pregnant - Form of negative expression which carries with it an affirmation
is deemed to have admitted the genuineness and due execution of an actionable or at least an implication of some kind favorable to the adverse party. In sum, he admits
document, defenses that are implied from the said admission are necessarily waived more than what he denies. A denial in the form of a negative pregnant is an ambiguous
(ex. Forgery, lack of authority to execute the document, party charged signed the pleading, since it cannot be ascertained whether it is the fact or only the qualification
document in some other capacity, that the document was never delivered, or the that is intended to be denied. Thus, such negative pregnant implies or carries within it
document was not in words and figures as set out in the pleadings) (Hibberd v. Rohde an admission.
and McMillian).
 COMPLAINT ANSWER ● Denial of Affirmative Defenses; Prohibitions
1. Motion for reconsideration;
Plaintiff entered into a Contract of Defendant denies that he entered into a
2. Petition for certiorari;
Absolute Sale with the Defendant over a Contract of Absolute Sale with the
property amounting to P500,000 on Plaintiff over a property amounting to 3. Prohibition; and
January 7, 2019 located in Sampaloc, P500,000 on January 7, 2019 located in 4. Mandamus.
Manila. Sampaloc, Manila.
These prohibitions stem from the fact that the order of denial is an interlocutory
order. Such denial of affirmative defenses will not hinder the court from
The answer is a mere repetition of the allegations made in the complaint. The answer is continuing with the trial.
vague as to what it really denies.
● Remedy on Denial of Affirmative Defenses
ALLEGATIONS NOT SPECIFICALLY DENIED DEEMED ADMITTED Assign the order of denial as among the matters to be raised on appeal after a
● General Rule judgment on the merits.
Material averments in a pleading asserting a claim or claims not specifically
denied are deemed admitted. STRIKING OUT OF PLEADING OR MATTER CONTAINED THEREIN
● Exception The court may order any pleading to be stricken out or that any sham or false,
Allegations as to the amount of unliquidated damages. redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom:
1. Upon motion made by a party before responding to a pleading or, if no responsive
AFFIRMATIVE DEFENSES pleading is permitted by these Rules;
2. Upon motion made by a party within 20 calendar days after the service of the
Grounds under Rule 8 Other Grounds under Rule 6 pleading upon him or her;
3. Upon the court's own initiative at any time.
1. Lack of jurisdiction 1. Lack of jurisdiction 8. Illegality;
over the defendant; over the subject 9. Statute of frauds;
2. Improper venue; matter, 10. Estoppel; RULE 9 - EFFECT OF FAILURE TO PLEAD
3. No legal capacity to 2. Litis pendentia; 11. Former recovery;
sue; 3. Res judicata; 12. Discharge in OMNIBUS MOTION RULE
4. No cause of action 4. Fraud; bankruptcy; ● General Rule
stated; 5. Statute of limitations; 13. Any other matter by Defenses and objections not pleaded either in a motion to dismiss or answer are
5. Condition precedent for 6. Release; way of confession and deemed waived [Rule 9, Section 1]; A motion attacking a pleading, order,
filing the claim has not 7. Payment; avoidance. judgment, or proceeding shall include all objections then available, and all
been complied with. objections not so included shall be deemed waived.
● Exception
● Waiver of affirmative defenses 1. Lack of Jurisdiction over the Subject Matter;
Failure to raise the affirmative defenses at the earliest opportunity shall constitute 2. Res Judicata;
a waiver thereof. 3. Litis Pendentia; and/or
● As to the other affirmative defenses under the par. 1 of Section 5(b), Rule 6 4. Prescription
The court may conduct a summary hearing w/in 15 calendar days from the filing
of the answer. It shall be resolved by the court w/in 30 calendar days from the ● The presence of any of these 4 grounds authorizes the court to motu proprio
termination of the summary hearing. dismiss the claim. These grounds are also the exceptions to the Omnibus Motion
Rule under Rule 15, Section 9 and the only grounds allowed in a Motion to
Dismiss under Rule 15, Section 12.
FAILURE TO SET-UP COMPULSORY COUNTERCLAIM OR CROSSCLAIM REMEDIES OF THE DEFENDANT DECLARED IN DEFAULT
BARRED, except with Leave of Court, before judgment – 1. BEFORE JUDGMENT:
1. Amended Answer, provided that the counterclaim or cross-claim already existed Motion To Set Aside Order Of Default
at the original answer was filed, but due to oversight, inadvertence, or inexcusable Requisites:
neglect, it was not set up; or
a. Motion under oath;
2. Supplemental Answer, if the counterclaim or cross-claim matures or is acquired
after the original answer is filed b. Filed before judgment;
c. Failure to answer was due to Fraud, Accident, Mistake or Excusable
DEFAULT Negligence [FAME]
● Definition: procedural concept that occurs when the defending party fails to file d. He has a meritorious defense;
his answer within the reglementary period; v. failure to appear at pre-trial – effect
2. AFTER JUDGMENT, BEFORE FINAL & EXECUTORY:
is that plaintiff may present his evidence ex aliunde, and NOT a ground to default.
Motion for new trial or reconsideration [Rule 37] APPEAL;
● Requisites:
3. AFTER JUDGMENT, FINAL AND EXECUTORY:
1. Filing of a motion and notice of such motion (court cannot motu propio Petition For Relief From Judgment [Rule 38];
declare a defendant in default);
4. Grave Abuse of Discretion Amounting to Lack or Excess of Jurisdiction:
2. Summons validly and previously served on defendant (i.e. jurisdiction over
Petition For Certiorari [Rule 65]
the person of the defendant);
3. Failure to File Answer within the reglementary period or within the period WHEN DEFAULT NOT ALLOWED:
fixed by the court (subject to discretion of court);
1. Annulment of marriage;
4. Proof of failure to file the answer;
2. Declaration of nullity of marriage;
5. Notice to the defendant of the motion to declare him in default;
3. Legal Separation;
6. Hearing set for the motion (Motions, in general [Rule 15, Section 4])
4. Summary Procedure and Small Claims cases
● Exceptions, judgment of default may be rendered despite an answer being filed –
1. If a disobedient party refuses to obey an order requiring him to comply with CASE DOCTRINES:
the various modes of discovery (R29, S3{c}) Heirs of Favis Sr. v. Gonzales
A ground for a motion to dismiss emanating from the law that no suit between
2. If a party or officer or managing agent of a party willfully fails to appear
members from the same family shall prosper unless it should appear from the verified
before the officer who is to take his deposition or a party fails to serve
complaint that earnest efforts toward a compromise have been made but had failed, is,
answers to interrogatories (R29, S5)
as the Rule so words, a ground for a motion to dismiss. Significantly, the Rule requires
● Effects that such a motion should be filed "within the time for but before filing the answer to
1. The Court shall proceed to render judgment granting the claimant such relief the complaint or pleading asserting a claim." The time frame indicates that thereafter,
as his pleading may warrant (without evidence presented) UNLESS the the motion to dismiss based on the absence of the condition precedent is barred.
court in its discretion requires claimant to submit evidence ex parte;
2. Loss of standing in court, preventing him from taking part in the trial except It is so inferable from the opening sentence of Section 1 of Rule 9 stating that defense
as a witness; A declaration of default is not an admission of the truth or the and objections not pleaded either in a motion to dismiss or in the answer are deemed
validity of the plaintiff’s claims waived. There are, as just noted, only four exceptions to this Rule, namely, lack of
jurisdiction over the subject matter; litis pendentia ; res judicata ; and prescription of
3. PARTIAL DEFAULT: when a pleading states a common cause of action action. Failure to allege in the complaint that earnest efforts at a compromise has been
against several parties, the court shall try the case against all upon the made but had failed is not one of the exceptions. Upon such failure, the defense is
answers thus filed and render judgment upon the evidence presented (DOES deemed waived.
NOT apply if defenses are personal)
Otero v. Tan
A defendant who fails to file an answer may, upon motion, be declared by the court in Such defects or errors are summarily corrected by the court, at any stage of the action,
default. Loss of standing in court, the forfeiture of one’s right as a party litigant, at its initiative or on motion, provided no prejudice is caused thereby to the adverse
contestant or legal adversary, is the consequence of an order of default. A party in party.
default loses his right to present his defense, control the proceedings, and examine or
cross-examine witnesses. He has no right to expect that his pleadings would be acted
Amended Pleadings Supplemental Pleadings
upon by the court nor may be object to or refute evidence or motions filed against him.
Refer to facts existing at the time of the Refer to facts arising after the filing of
Indeed, a defending party declared in default retains the right to appeal from the
commencement of the action the original pleading
judgment by default. However, the grounds that may be raised in such an appeal are
restricted to any of the following: first, the failure of the plaintiff to prove the material Results in the withdrawal of the original Does not result in the withdrawal of the
allegations of the complaint; second, the decision is contrary to law; and third, the pleading original pleading
amount of judgment is excessive or different in kind from that prayed for. In these
cases, the appellate tribunal should only consider the pieces of evidence that were Can be made as of a right, as when no Always with leave of court
presented by the plaintiff during the ex parte presentation of his evidence. responsive pleading has yet been filed

RULE 10 - AMENDED & SUPPLEMENTAL PLEADINGS

RULE 11 - WHEN TO FILE RESPONSIVE PLEADING

How to amend pleadings (Section 1)

1. Answer to a Complaint - within 30 calendar days after service of summons,
1. Adding an allegation
unless there is a different period fixed by court. (Sec. 1, Rule 11)
2. Adding the name of any party,
Period to file an answer when the service of summons is made by publication is
3. Striking out an allegation,
60 days after notice. (Sec. 16 Rule 14)
4. Striking out the name of any party,
5. Correcting a mistake in the name of a party, or 2. Answer of a foreign corporation defendant - when the summons is made on
government officials designated by law to receive the same, the period is within
6. Correcting a mistaken or inadequate allegation or description in any other respect.
60 calendar days after the receipt of summons by such entity. (Sec. 2, Rule 11)
Amendments as a matter of right 3. Answer to an amended complaint - if the plaintiff filed it as a matter of right,
A party may amend his pleading once as a matter of right the period is within 30 calendar days after being served a copy of the amended
1. A party may amend his pleading once as a matter of right at any time before a complaint.
responsive pleading is served or, If the plaintiff filed it not as a matter of right, the period is within 15 calendar
2. In the case of a reply, at any time within ten (10) calendar days after it is served days from the notice of the order admitting the same.
The same rule shall apply to the answer to an amended counterclaim, amended
Amendments by leave of court
crossclaim, amended third-party complaint (or fourth, etc. as the case may be),
1. Motion for leave of court, accompanied by the amended pleading sought to be and when it is an amended complaint-in-intervention. (Sec. 3, Rule 11)
admitted; [Sec. 10, Rule 15]
2. Notice is given to the adverse party; and 4. Answer to counterclaim or crossclaim - within 20 calendar days from service of
the pleading responded to. (Sec. 4, Rule 11).
3. Parties are given the opportunity to be heard. [Sec. 3, Rule 10]
Note: If the party already has a compulsory counterclaim or a crossclaim at the
Formal Amendment time such party files an answer, such compulsory counterclaim or crossclaim shall
1. Defect in the designation of the parties, or be included in the answer. (Sec. 8, Rule 11).
2. Other clearly clerical or typographical errors
 If the party fails to set up a counterclaim or a crossclaim, such party may, with
RULE 12 - BILL OF PARTICULARS
leave of court, set up a counterclaim or crossclaim by amendment before the
judgment, provided however, that there is a showing and justification that such
failure was due to oversight, inadvertence, excusable neglect, or when justice so Bill of Particular (BoP)
requires. (Sec. 10, Rule 11) A definite statement of any matter which is not averred with sufficient definiteness or
particularity in a pleading, to enable the opposing party to properly prepare his
5. Answer to third-party complaint (or fourth, etc. as the case may be) - within responsive pleading. (S1, R12) A bill of particulars becomes part of the pleading for
30 calendar days after service of summons, unless there is a different period fixed which it is intended. (S6, R12)
by court. (Sec. 5, Rule 11).
Period to File a Motion for a BoP
6. Reply - if allowed under Section 10, Rule 6, within 15 calendar days from service The period to file a motion shall be within the time to file a responsive pleading under
of such pleading responded to. (Sec. 6, Rule 11). Rule 11. If the pleading is a reply, the motion must be filed within ten (10) calendar
days from service thereof. (S1, R12)
7. Answer to supplemental complaint - within 20 calendar days from notice of the
order admitting the same, unless there is a different period fixed by court. (Sec.7).
The motion shall point out the ff.:
8. Answer in Intervention – within 15 days from the order admitting the complaint 1. The defects complained of;
in intervention, unless a different period is provided. 2. The paragraphs wherein they are contained;
3. The details desired.
9. Extension to file an answer - A defendant may be granted an additional period of
not more than 30 calendar days to file an answer provided that such is for Period to Comply with the Order granting the Motion for a BoP
meritorious reasons. Ten (10) calendar days from notice of the order, unless a different period is fixed by the
court. The bill of particulars may be filed either in a separate pleading or in an
NOTE: amended pleading. (S3, R12)
No party can ask for an extension of time if the pleading to be submitted is not an
answer. A defendant is only allowed to file one motion for extension to file an answer. Effect of Non-Compliance with the Order
(Sec. 11) If the order is not obeyed or in case of insufficient compliance therewith, the Court
may:
In the case of Sps. Barraza vs. Campos, the issue was whether the judge may order the 1. Order the striking out of the pleading or the portions thereof to which the order
defendant in default when such defendant filed a motion for extension of time to was directed;
answer. However, instead of filing an answer, such defendant filed a motion to dismiss. 2. Make such other orders as it deems just.
The court stated that it must be remembered that a motion to dismiss interrupts not only 3. Dismiss the plaintiff’s complaint if he fails to comply with the order requiring the
the original period to plead, but also the extended period to plead. filing of a bill of particulars pursuant to S3, R17.

There is nothing in the rules that provides that the interruption of the running of the Stay of Period to file Responsive Pleading
period within which to file an answer when a motion to dismiss the complaint is filed After service of the bill of particulars or after notice of denial of his motion, the
and pending before the court, refers only to the original period. moving party may file for his responsive pleading within the period to which he was
entitled at the time of filing his motion, which shall not be less than five (5) calendar
The motion to dismiss was filed before the expiration of the period for filing days in any event. (S5, R12)
defendant’s answer as extended by the court, hence there was no legal reason for
declaring defendant in default. A motion for a bill of particulars will not be granted if the complaint, while not very
definite, nonetheless already states a sufficient cause of action. A motion for a bill of
particulars may not call for matters which should form part of the proof of the
complaint upon trial. Such information may be obtained by other means. (Salita v.
Magtolis, G.R. No. 106429, June 13, 1994)
 RULE 13 - FILING & SERVICE OF PLEADINGS ● HOW: Delivering copy to clerk of court, with proof of failure of both
personal service and service by mail;
Upon whom service shall be made: ● NOT APPLICABLE for judgments, final orders or resolutions
1. When party has NOT appeared by counsel: made upon party In this case, apply S9, only personal service, service by mail, or publication
2. When party has appeared by counsel: either counsel or on party; Modes of Service of Judgments, Final Orders, and Resolutions
3. UNLESS, service upon party ordered by Court
1. Personal;
4. RULE: When a party is represented by counsel in an action in court, notices of all
kinds, including motions, pleadings and orders must be served on said counsel 2. Registered Mail;
and notice to him is notice to the client; record is tantamount to service upon the 3. Publication
parties themselves; but not vice versa;
● When a party summoned by publication has failed to appear in the action,
5. One counsel appears for several parties: upon counsel judgments, final orders or resolutions against him shall be served upon him
6. Two or more counsel appear for one party: either upon both or one of them. also by publication at the expense of the prevailing party
● NOTE: Judgment not final until validly served
Modes of Filing:
● NOTE: substituted service and ordinary mail are NOT allowed
1. Personal;
● When the court serves, only Personal Service, Registered Mail, and
2. Registered Mail (NOTE: no filing by ordinary mail) Publication will apply
3. Email (only SC accepts - see Efficient Use of Paper Circular)
Completeness of Service:
Modes of Service: 1. Personal Service - upon actual delivery;
1. Personal;
2. Registered Mail - whichever is earlier
● Preferred mode of service
a. Actual receipt by the addressee; or
● If another mode of service is used other than personal service, the service
b. After (5) days from the date he received first of the postmaster
must be accompanied by a written explanation why the service or filing was
● Presupposes that addressee has actually received the mail on said date
not done personally
● Exempt from explanation are service of papers from the court; 3. Ordinary Mail: upon expiration of (10) days after mailing, unless the court
otherwise provides;
● Effect of Violation: considered as not having been filed
● HOW: 4. Substituted Service: ATT of delivery of the copy to the clerk of court
a. Delivering personally to counsel and NOT party himself ● PURPOSE: to know when reglementary period starts to run to file a
b. Leaving a copy in the office with his clerk or a person having charge responsive pleading
thereof;
Priority for Personal Filing or Service:
c. Leaving a copy between 8am to 6pm at party’s or counsel’s residence, Whenever practicable, service and filing of pleadings and other papers shall be done
if known, with a person of sufficient age and discretion then residing personally
therein
● Resort to other modes shall be accompanied by a written explanation why the
2. Service by Mail (Registered or Ordinary) service or filing was not done personally
● Subordinate to Personal Service; Registered mail takes precedence - EXCEPT: with respect to papers emanating from court
- Effect of Violation: consider paper as not filed
3. Substituted Service:
● Applies to BOTH filing and service
● Subordinate to Personal Service and Service by Mail
Proof of Service: The Court emphasizes that service by publication only applies to service of summons
under Rule 14, where the methods in civil cases are (1) personal service; (2) substituted
1. Personal Service: R13, S13
service; and (3) service by publication. This can apply to judgments, final orders, and
2. Ordinary Mail: R13, S13 resolutions under Rule 13, Sec. 9 of the RoC.
3. Registered Mail: [Romulo v. Peralta]
Marinduque Mining and Industrial Corp v. NAPOCOR
a. Affidavit of person actually mailing the pleading, with a full statement of
Rule 13, Sec. 11 of the Rules state that personal service is the general rule while resort
date, place and manner of service;
to other modes of service is the exception. When recourse is made to the other modes, a
b. Registry receipt issued by mailing office; written explanation why service or filing was not done personally becomes
● NOTE: Actual knowledge cannot be attributed to the addressee of a indispensable. If no explanation, the NoA was sufficient, because while a Record on
registered matter where there is no showing that the registry notice Appeal is generally required in cases in special proceedings and other cases of multiple
itself contains indication that the registered matter is a copy of the or separate appeals, all the conceivable issues on valuation and just compensation have
decision or that the registry notice refers to the case been resolved already.
c. Filing of Return Card
● BURDEN OF PROOF: Upon party asserting its existence Republic v. Caguioa
● If there is no proof of service of the decision or judgment: Period of 15 Under our rules of procedure, service of the petition on a party, when that party is
days to file an MnT does not being to run; however, if the party admits represented by a counsel of record, is a patent nullity and is not binding upon the party
that it received the copy of the decision on a certain date, that date wrongfully served. However, this admits of exceptions under compelling reasons
would be the reckoning date (Republic v. BPI) manifest in the petition and the circumstances of the case. A liberal construction was
merited.
NOTICE OF LIS PENDENS:
● Applicable only in actions affecting the title or the right of possession of real Bracero v. Arcelo:
property Rule 13, Section 2 of the Rules of Court states in part that “if any party has appeared
- Real property must be DIRECTLY affected, not merely incidental; by counsel, service upon him shall be made upon his counsel or one of them, unless
- Action must be a REAL ACTION service upon the party himself is ordered by the court." Notice sent directly to client is
not notice in law. The exception is when though not officially sent an official copy of
● NOT APPLICABLE:
the motion for execution which categorically states that the trial court has already
- Preliminary attachments;
rendered its Decision. The motion should have been an alerting medium that a final
- Probate;
ruling has been issued by the court.
- Levies on execution;
- Administration of estate;
Aguilar v. Benlot (G.R. No. 232806; January 21, 2019)
CASES ● General Rule
Aberca v. Ver Whenever personal service or filing is practicable, in light of the circumstances of
Under Rule 13, Sec. 11 of the RoC, personal service and filing is the general rule, and time, place and person, personal service or filing is mandatory.
resorting to other modes are the exception. Whenever personal service is practicable, in ● Exception
light of circumstances, it is mandatory. Only when personal service and filing is not Only when personal service or filing is not practicable may resort to other modes
practicable may resort to other modes be had, accompanied by a written explanation as be had, which must then be accompanied by a written explanation as to why
to why it is not practicable. The rationale behind the rule is to expedite proceedings, personal service or filing was not practicable to begin with.
and do away with delaying tactics of lawyers. Publication of notice is an unrecognized
mode of service, without even attempting to comply with the mandatory rules on ● In adjudging the plausibility of an explanation, the court shall consider:
service. There was still another less preferred but proper mode of service available - 1. Circumstances, the time and the place;
substituted service - which is service made by delivering a copy to the clerk of court, 2. Importance of the subject matter;
with proof of failure of both personal service and service by mail. 3. Issues involved in the case; and
4. Prima facie merit of the pleading.
 2. By Publication - In a newspaper of general circulation in such places and for such
RULE 14 - SUMMONS
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,
Nature of Summons or in any other manner the court may deem sufficient.
Summons is a writ by which the defendant is notified of the action brought against
him/her. Service of such writ is the means by which the court may acquire jurisdiction 3. Substituted Service - If, for justifiable causes, the defendant cannot be served
over his/her person. personally after at least three (3) attempts on two (2) different dates, service may
be effected by leaving copies of the summons:
Purpose of Summons a. At the defendant's residence to a person at least eighteen (18) years of age
● Its purpose is two-fold: to acquire jurisdiction over the person of the defendant and of sufficient discretion residing therein;
and to notify the defendant that an action has been commenced so that he may be b. At the defendant's office or regular place of business with some competent
given an opportunity to be heard on the claim against him. person in charge thereof. A competent person includes, but is not limited to,
one who customarily receives correspondences for the defendant;
● The service of summons is a vital and indispensable ingredient of due process and c. By leaving copies of the summons, if refused entry upon making his or her
compliance with the rules regarding the service of the summons is as much an authority and purpose known, with any of the officers of the homeowners’
issue of due process as it is of jurisdiction. association or condominium corporation, or its chief security officer in
● Without service of summons, or when summons are improperly made, both the charge of the community or the building where the defendant may be found;
trial and the judgment, being in violation of due process, are null and void, unless and 4) By sending an electronic mail to the defendant’s electronic mail
the defendant waives the service of summons by voluntarily appearing and address, if allowed by the court. These are in pursuant to Sec. 6, Rule 14.
answering the suit.
What are the Contents of Summons?
Who Serves Summons: 1. The name of the court and the names of the parties to the action;
1. Sheriff 2. When authorized by the court upon ex parte motion, an authorization for the
2. His or her deputy, other proper court officer plaintiff to serve summons to the defendant;
3. In case of failure of service of summons by them, the court may authorize the 3. A direction that the defendant answer within the time fixed by these Rules; and
plaintiff - to serve the summons - together with the sheriff. 4. A notice that unless the defendant so answers, plaintiff will take judgment by
default and may be granted the relief applied for. (Sec. 2).
Served to Whom:
1. The summons shall be directed to the defendant Note:
2. Entity without Juridical personality ● The server must file a return after the service of the summon is completed.
3. Service upon prisoners ● Also, in cases of voluntary appearance of the defendant in an action against him
shall be considered as a service of summons.
4. Service upon minors and incompetents
5. Juridical Person: Domestic or Foreign Validity of Alias Summons - Summons shall remain valid until duly served, unless it
6. Service upon public corporations is recalled by the court. (Sec. 4, Rule 14). In case of loss or destruction of summons,
7. Service upon Defendant Whose Identity or Whereabouts are Unknown the clerk of court may issue an alias summons (Sec. 4, Rule 14)
8. Extraterritorial Service
Here are the kinds of service that require leave of court:
9. Residents temporarily out of the Philippines
1. Foreign Juridical entity not Registered in the Philippines
Summons Modes of Service and How Effected: 2. Foreign Juridical entity without Resident Agent here in the Philippines
1. Personal - served by the following: 3. Defendant whose identity is unknown
a. By handing a copy thereof to the defendant in person; or 4. Extraterritorial Service
b. If he or she refuses to receive and sign for it, by leaving the summons within
5. Residents Temporarily out of the Philippines.
the view and in the presence of the defendant.
Instances of Service by Publication:
RULE 15 - MOTIONS
1. Foreign Private Juridical entity not registered;
2. Foreign Juridical entity without Resident Agent here in the Philippines;
WHAT IS A NON-LITIGIOUS MOTION?
3. Defendant whose identity is unknown; or
4. Extraterritorial service 5)Residents temporarily out of the Philippines ● Those which may be acted upon by the court without prejudice the rights of the
adverse party. (Bagano v. Hontanosas)
CASE DOCTRINES ● These motions include:
1. Express Padala (Italia), SPA v. Ocampo (GR No. 202505; September 6, 2017) 1. Motion for the issuance of an alias summons;
General Rule:
Summons must be served personally on the defendant. 2. Motion for extension to file answer;
3. Motion for postponement;
Exceptions:
For justifiable reasons, however, other modes of serving summons may be 4. Motion for the issuance of a writ of execution (Sec 4, Rule 15).
resorted to
a. When the defendant cannot be served personally within a reasonable time WHAT IS A LITIGIOUS MOTION ?
after efforts to locate him have failed, the rules allow summons to be served ● One which the court may not act upon without prejudicing the rights of the
by substituted service. adverse party. As a general rule, every written motion is deemed a litigated
b. When the defendant's whereabouts are unknown, the rules allow service of motion, except as provided otherwise.
summons by publication.
● These motions include:
2. People’s General Insurance Corp. v. Guansing (GR No. 204759. November 14, 1. Motion for bill of particulars;
2018) 2. Motion to dismiss;
General Rule 3. Motion for new trial;
Defects of summons are cured by voluntary appearance and by the filing of an
4. Motion for reconsideration;
answer to the complaint. Any form of appearance in court by the defendant, his
authorized agent or attorney, is equivalent to service. 5. Motion for execution pending appeal;
● There is voluntary appearance when a party, without directly assailing the 6. Motion to amend after a responsive pleading has been filed;
court's lack of jurisdiction, seeks affirmative relief from the court. 7. Motion to cancel statutory lien;
Exception 8. Motion for an order to break in or for a writ of demolition;
Where such appearance is precisely to object to the jurisdiction of the court over 9. Motion for intervention;
his person.
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
In Rem In Personam
12. Demurrer to evidence;
This is not a matter of acquiring The court acquires jurisdiction over the 13. Motion to declare defendant in default; and,
jurisdiction over the person of person of the defendant through personal 14. Other similar motions.
respondent since this is an action in rem. or substituted service of summons.
In an action in rem, jurisdiction over the IS NOTICE OF HEARING ON LITIGIOUS MOTIONS MANDATORY?
person is not required as long as there is No. It is discretionary. It is mandatory when:
jurisdiction over the res.
1. The court may call a hearing on the motion,
2. Addressed to all parties concerned, and
3. Specify time and date of hearing. (Sec. 6, Rule 15)
CAN YOU FILE A MOTION EX-PARTE?
○ General Rule:
● General Rule A dismissal made by the filing of a notice of dismissal is a dismissal without
A motion cannot be filed ex-parte. prejudice
● Exception ○ Exceptions:
Motions that can be filed ex-parte because they are not controversial.
■ Where the notice of dismissal so provides;
WHAT DOES THIS SECTION PROHIBIT? ■ Where the plaintiff has previously dismissed the same case in a court of
What this section prohibits is that you file a motion for a new trial and you do not competent jurisdiction (Two-Dismissal Rule).
include all the grounds then available. If the ground surfaced only later, then it is ○ Two-Dismissal Rule
allowed. Therefore, the motion for a new trial is an example of omnibus motion as
■ Applies when the plaintiff has:
defined in Rule 15, Section 9.
● Twice dismissed actions;
● Based on or including the same claim; and
Section 10. Motion for Leave
● In a court of competent jurisdiction.
A motion for leave to file a pleading or motion shall be accompanied by the pleading or
motion sought to be admitted. ■ The second notice of dismissal will bar the refiling of the action
because it will operate as an adjudication of the claim upon the merits.
Section 12. Prohibited Motions. ■ Only applies when both dismissals were at the instance of the plaintiff.
● Effect of granting of prohibited motion: presentation of evidence by moving
party shall be terminated. Sec. 2 Dismissal upon Motion of Plaintiff
● A motion for postponement must be accompanied by the original official receipt ● Once either an answer or motion for summary judgment has been served on the
from the office of the clerk of court evidencing payment of the postponement fee, plaintiff, the dismissal is no longer a matter of right and will require the filing of a
and submitted either: at the time of the filing of said motion, or not later than the motion to dismiss, not a mere notice of dismissal.
next hearing date.
● The motion to dismiss is not now subject to the approval of the court which will
WHAT IS A DISMISSAL WITH PREJUDICE? decide on the motion upon such terms and conditions as are just unless otherwise
A dismissal that bars the refiling of the same action or claim specified in the order, the dismissal shall be without prejudice

GROUNDS: ● Effect of Dismissal by Motion on Prescriptive Period

1. Cause of action is barred by a prior judgment or statute of limitations; ○ The dismissal upon motion by plaintiff is not for the purpose of voluntarily
abandoning his claim when the intention was to expedite the enforcement of
2. Claim or demand set forth in the pleading has been paid, waived, abandoned or
his rights and there was clearly no inaction nor lack of interest on his part.
extinguished; or
3. Claim on which the action is founded is unenforceable under the provisions of the ○ There must be a categorical showing that due to plaintiff’s negligence,
statute of frauds. inaction, lack of interest, or intent to abandon a lawful claim or cause of
action, no action whatsoever was taken. Therefore, prescription does not run.

RULE 17 - DISMISSAL OF ACTIONS ● Effect on Dismissal by Motion on the Counterclaim

○ The dismissal of the action by motion shall not affect the right of the
Sec. 1. Dismissal upon Notice by Plaintiff defendant to prosecute his counterclaim either:
● At any time before the service of a motion for summary judgment, a complaint ■ In a separate action; or
may be dismissed by the plaintiff by filing a notice of dismissal. Upon the filing ■ In the same action, after manifesting his intention to do so within 15
of the notice of dismissal, the court shall issue an order confirming the dismissal. calendar days from the filing of the motion to dismiss by the plaintiff.
 ○ The dismissal of the complaint does not necessarily carry with it the RULE 18 - PRE-TRIAL
dismissal of the counterclaim, compulsory or otherwise. The dismissal of the
complaint is without prejudice to the right of the defendants to prosecute the
Sec. 1. WHEN CONDUCTED - After the last responsive pleading
counterclaim.
● The last permissible pleading that a party can file is the reply to the answer to the
Sec. 3 Dismissal Due to Fault of Plaintiff last pleading asserting a claim. (Sarmiento vs. Juan 120 SCRA 403)
● A complaint may be dismissed by the court motu proprio or upon a motion filed by
● When the last pleading has not yet been served and filed, the case is not yet ready
the defendant. The dismissal in this case will be through reasons attributed to fault for pre-trial (Pioneer Insurance v. Hontanosas).
and will have the effect of an adjudication on the merits, unless otherwise declared
by the court, if for no justifiable cause the plaintiff: ● Pre-trial is a procedural device by which the court is called upon, after the filing of
○ Fails to appear on the date of the presentation of his or her evidence in chief the last pleading, to compel the parties and their lawyers to appear before it, and
on the complaint; negotiate an amicable settlement or otherwise make a formal settlement and
embody in a single document the issues of fact and law involved in the action, and
○ Fails to prosecute his or her action for an unreasonable length of time; or such other matters as may aid in the prompt disposition in the action, such as the:
○ Does not comply with the Rules of Court or any order of the court. a. Number of witnesses the parties intend to present
b. Tenor or character of their testimonies
● In granting the dismissal, the court specifically orders the dismissal to be without
prejudice. In case of dismissal due to plaintiff’s failure to prosecute, it is only when c. Documentary evidence
the trial court’s order is either silent on the matter, or states otherwise, that the d. Nature and purpose of each of them
dismissal will be considered an adjudication on the merits. e. Number of trial dates that each will need to put on his case. [1 Herrera 1074,
2007 Ed.]
● The fundamental test for non prosequitur is whether, under the circumstances, the
plaintiff is chargeable with want of due diligence in failing to proceed with
Sec 2. NATURE AND PURPOSE
reasonable promptitude. There must be unwillingness on the part of the plaintiff to
Mandatory nature of pre-trial; effects thereof
prosecute.
● As stated in Rule 18, Section 2, pre-trial is mandatory. Failure without just cause of
● Dismissal for failure to prosecute is an adjudication on the merits. Therefore, such a party and counsel to appear during pre-trial, despite notice, shall result in a waiver
dismissal should be challenged by appeal within the reglementary period. of any objections to the faithfulness of the reproductions marked, or their
genuineness and due execution.
Sec. 4 Dismissal of Counterclaim, Cross-Claim, or Third-Party Complaint
● Failure without just cause to bring the evidence required shall be deemed a waiver
● The rule on the dismissal of a complaint applies to the dismissal of any
of the presentation of such evidence. [Sec. 2]
counterclaim, cross-claim, or third-party claim.
● Both waivers mentioned above are based on lack of just cause either to appear
● A voluntary dismissal of the counterclaim, cross-claim, or third-party claim by
during pre-trial or to bring the evidence required.
notice of the claimant can be made before:
○ Service of a responsive pleading thereto; Sec. 3 NOTICE OF PRE-TRIAL
○ Service of a motion for summary judgment; or The Notice of Pre-Trial shall include the dates respectively set for:
1. Pre-Trial
○ In the absence of a responsive pleading and motion for summary judgment, 2. Court-Annexed Mediation
before the introduction of evidence. 3. Judicial Dispute Resolution, if necessary.
To Whom Served - The notice shall be served on the counsel of the party who has the Sec. 10 JUDGMENT AFTER PRE-TRIAL
duty to notify his or her client of the notice. However, if the party has no counsel, the The Court, on its own, may move to render a judgment on the pleadings (if the answer
notice shall be served to him or her. fails to tender an issue or admits the material allegations of the adverse party’s
pleading) or to execute a summary judgment (when there is no genuine issue as to any
Old Rule vs. New Rules - In the amendment, the New Rule now requires that the
material fact)
notice shall include the dates for the pre-trial, court-annexed mediation, and judicial
dispute resolution, if necessary.It is also provided that failure to appear at any of the
above-mentioned settings would render the effects in Section 5 of Rule 18 applicable. RULE 19 - INTERVENTION

Sec. 4 APPEARANCE OF PARTIES What is an Intervention?

● General Rule ● Intervention is a remedy by which a third party, not originally impleaded in the
Appearance of the counsel and the parties during the Pre-Trial, Court-Annexed proceedings, becomes a litigant therein to enable him, her or it, for the purpose of
Mediation and Judicial Dispute Resolution, if necessary, is mandatory. protecting or preserving a right or interest which may be affected by such
● Exception proceedings.
Non-appearance of a party and the counsel, in which it may be excused in these ● He is permitted by the court to either:
instances:
1. Join the plaintiff in claiming what is sought by the complaint,
1. Acts of God
2. Uniting with defendant in resisting the claims of the plaintiff, or
2. Force Majeure
3. Demanding something adverse to both of them.
3. Duly Substantiated Physical Inability
Nature of an Intervention:
When Representatives are Allowed - A representative may appear on behalf of a ● An intervention presupposes the pendency of a suit in a court of competent
party so long as he is FULLY AUTHORIZED IN WRITING to enter into an amicable jurisdiction. It is never an independent action but is ancillary and supplemental to
settlement, to submit to alternative modes of dispute resolution, and to enter into the existing litigation. (Pulgar vs. RTC of Mauban)
stipulations or admissions of facts and documents.
● Thus, an independent controversy cannot be injected in the suit by intervention
Sec. 5 EFFECT OF FAILURE TO APPEAR since it would enlarge the issues and expand the scope of the remedies. (Mactan
● If the absent party is the plaintiff and counsel, then he may be declared non-suited Cebu Int’l Airport vs. Heirs of Minoza)
and his case dismissed. Dismissal is with prejudice unless otherwise ordered by the
Who may Intervene? (Rule 19, Sec. 1):
court.
A person who has a “legal interest” in the matter in litigation or in the success of
● If it is the defendant and counsel who fails to appear, then the plaintiff may be either of the parties, or an interest against both, or is so situated as to be adversely
allowed to present his evidence ex-parte within 10 calendar days from the affected by a distribution or other disposition of property in the custody of the court of
termination of the pre-trial and the court to render judgment on the basis thereof. an officer thereof may, with leave of court.

Sec. 6. PRE-TRIAL BRIEF Requisites for Intervention (Rule 19, Sec. 2):
When to file and serve pre-trial brief - The parties shall file with the court and serve 1. Motion for leave to intervene before rendition of judgment
on the adverse party to ensure receipt at least 3 calendar days before the date of
2. Must have “legal interest” stated under Section 1 of this Rule
pre-trial.
3. Such intervention must not unduly delay original proceedings of original parties
● Failure to file the pre-trial brief shall have the same effect as failure to appear at the
4. Intervenor’s rights may not be fully protected in a separate proceeding.
pre-trial
● The mandatory character of the pre-trial in civil cases, among others, could Note: A Motion for Intervention is a LITIGIOUS MOTION. Thus, the court shall
determine the propriety of rendering a summary judgment dismissing the case resolve the motion within 15 calendar days from receipt of the opposition or upon
based on the disclosures made at the pre-trial or a judgment based on the pleadings , expiration of the period to file such opposition. The period to file an opposition would
evidence identified and admissions made during the pre-trial. be 5 calendar days from the receipt of such opposition. (Rule 15, Sec. 5)
What is the time to file a motion to intervene? What will be the manner of assigning the cases?
At any time before rendition of judgment by the court (Rule 19, Sec. 2) Must be Section 2 of Rule 20 provides that the assignment of cases to the different branches of a
accompanied by a copy of the pleading-in-intervention and service of copies to the court shall be done exclusively by raffle. The assignment shall be done in open session
original parties. of which adequate notice shall be given so as to afford interested parties the
opportunity to be present.
Types of Pleadings-in-Intervention (Sec. 3):
1. Complaint-in-intervention – If intervenor asserts a claim against either or all of
the original parties. RULE 21 - SUBPOENA
2. Answer-in-intervention – If intervenor unites with the defending party in
resisting a claim against the latter.
Subpoena Ad Testificandum is a process directed to a person requiring him or her to
3. Answer to complaint-in-intervention – It shall be filed within 15 calendar days attend and to testify at the hearing or the trial of an action, or at any investigation
from notice of the order admitting the complaint-in-intervention, unless a different conducted by competent authority, or for the taking of his or her deposition.
period is fixed by the court. (Rule 19, Sec. 4)
Subpoena Duces Tecum - process requiring him or her to bring with him or her any
Remedy for Denial of Motion to Intervene: books, documents, or other things under his or her control.
1. Improper Denial = Appeal
2. Grave Abuse of Discretion = Mandamus Who May Issue a Subpoena
A subpoena may be issued by:
3. If there is improper grant of motion for intervention = Certiorari and Prohibition
1. The court before whom the witness is required to attend;
2. The court of the place where the deposition is to be taken;
RULE 20 - CALENDAR OF CASES
3. The officer or body authorized by law to issue a subpoena in connection with
investigations conducted by said officer of body; or
What is the duty of the Clerk of Court in the Calendar of Cases? 4. Any justice of the Supreme Court or of the Court of Appeals in any case or
Section 1 of Rule 20 states that the clerk of court, under the direct supervision of the investigation pending within the Philippines.
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. Service of Subpoena to Prisoners
● Before a subpoena is issued to compel a prisoner to testify, the judge or officer
What are the cases where the clerk of court gives preference in scheduling of
shall examine and study carefully the application if it is for a valid purpose.
cases?
In calendaring cases, Section 1 of Rule 20 provides that the clerk of court shall give ● If the prisoner is sentenced to death, reclusion perpetua or life imprisonment and
preference to: is confined in any penal institution, he shall not be brought outside the penal
institution for appearance or attendance in any court unless authorized by the
1. Habeas corpus cases;
Supreme Court.
2. Election cases;
3. Special civil actions; and Form and Contents of a Subpoena
4. Those so required by law to be preferred. 1. Name of the court and the title of the action or investigation;
2. Directed to the person whose attendance is required; and
Note:
3. In a subpoena duces tecum, it shall contain a reasonable description of the books,
The importance of keeping the calendar is for the branch clerk of court shall issue a
documents or things demanded which must appear to the court prima facie
notice of pre-trial within 5 calendar days from filing, after the last responsive pleading
relevant
has been served and filed. (Sec. 1, Rule 18). The Supreme Court intended this so that
each case in the calendar is assured of a hearing on the4 scheduled day of trial.
To quash a subpoena duces tecum, the following must be met:
RULE 22 - COMPUTATION OF TIME
1. A proper motion must be filed with the court;
2. The motion must be promptly made before or at the time specified in the
How to Compute Time (Section 1, Rule 22)
subpoena; and
In computing any period of time prescribed or allowed by these Rules, or by order of
3. The quashal must be based on the following grounds: the court, or by any applicable statute, the following rules shall be followed:
a. The subpoena is unreasonable and oppressive;
1. The day of the act or event from which the designated period of time begins run is
b. The relevancy of the books, documents, or things sought to be produced to be excluded (first day excluded);
does not appear;
2. The date of performance is to be included (last day included);
c. The person in whose behalf the subpoena was issued failed to advance the
reasonable cost of the production; or 3. When the last day falls on a Saturday, Sunday or a legal holiday, its last day shall
not run until the next working day.
d. The person in whose behalf the subpoena was issued failed to tender witness
fees and kilometrage.
Exceptions:
To quash a subpoena ad testificandum, the following must be met: 1. To those provided in the Contract
1. A proper motion must be filed with the court; 2. When there is a Specific Date set for a court hearing or foreclosure sale;
2. The motion must be promptly made before or at the time specified in the
3. Prescriptive (not reglementary) periods specifically provided by the Revised
subpoena; and
Penal Code for felonies therein.
3. The quashal must be based on the following grounds:
a. The witness is not bound thereby; or How 15-day extension should be reckoned
b. The person in whose behalf the subpoena was issued failed to tender witness The extension granted by the Court of Appeals should be tacked to the original period
fees and kilometrage. and commences immediately after the expiration of such period. Under the Resolution
of this Court in A.M. No. 00-2-14-SC, the CA has no discretion to reckon the
Service of subpoena shall be made: commencement of the extension it granted from a date later than the expiration of such
1. In the same manner as personal or substituted service of summons; period, regardless of the fact that said due date is a Saturday, Sunday, or a legal holiday.
(Luz vs. National Amnesty Commission, G.R. No. 159708, 24 September 2004)
2. The original must be exhibited, and a copy delivered to the person on whom it is
served; Effect of Interruption (Section 2, Rule 22)
3. Service must be made as to allow the witness a reasonable time for preparation Should an act be done which effectively interrupts the running period, the allowable
and travel to the place of attendance; and period after such interruption shall start to run on the day after notice of the cessation
4. Costs for court attendance and production of documents and other materials of the cause thereof. The day of the act that caused the interruption of the period.
subject of the subpoena shall be tendered or charged accordingly.
● The court which issued the subpoena may issue a warrant to the sheriff to arrest RULE 23 - DEPOSITIONS PENDING ACTION
the witness and bring him before the court or officer upon proof of service of the
subpoena to the witness; and failure of the witness to attend.
Deposition
● If a subpoena issued by a court and duly served is disobeyed without adequate A deposition is the testimony of a witness taken upon oral question or written
cause,his or her failure to obey shall be deemed contempt of court. interrogatories, not in open court, but in pursuance of a commission to take testimony
issued by a court, or under a general law or court rule on the subject, and reduced to
Arrest, contempt, or any other punishment by any Law/Rule shall not apply when writing and duly authenticated, and intended to be used in preparation and upon the
1. Witness resides more than 100 km away from the place where he is to testify. trial of a civil or criminal prosecution.
2. Witness is a detention prisoner and there was no permission obtained from the
court in which the case is pending
● It is a testimony of a witness, taken in writing, under oath or affirmation, before 2. For purposes of taking the deposition in criminal cases, more particularly of a
some judicial officer in answer to questions or interrogatories. (People v. Webb, prosecution witness who would foreseeably be unavailable for trial, the
G.R. No. 132577, 1999). testimonial examination should be made before the court, or at least before the
judge, where the case is pending as required by the clear mandate of Section 15,
● It is a way for either party to compel the other to disgorge whatever facts he has in
Rule 119 of the Revised Rules of Criminal Procedure. (Go v. People, G.R. No.
his possession. (Republic v. Sandiganbayan, G.R. No. 90478, 1991).
185527, 2012).
● A non-resident foreign corporation may request for depositions, whether oral or
written. (San Luis v. Rojas, G.R. No. 159127, 2008). When May Objections To Admissibility Be Made
If the ground of the objection is one which might have been obviated or removed if
Before Whom Taken presented at that time, it should be made during the taking of the deposition, as
That neither the presiding judge nor the parties will be able to personally examine and otherwise, it will be waived (Gana vs. Roman Catholic Archbishop of Manila, 43 O.G.
observe the conduct of a deponent does not justify denial of the right to take deposition. 3224).
This objection is common to all depositions. Allowing this reason will render nugatory
the provisions in the Rules of Court that allow the taking of depositions. The parties
may also well agree to take deposition by written interrogatories to afford petitioners RULE 24 - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
the opportunity to cross-examine. (Santamaria v. Cleary, G.R. Nos. 197122 &197161,
June 15, 2016). WHO MAY FILE
A person who desires to perpetuate his or her own testimony or that of another person
Effect of Taking and Using Deposition
While depositions may be used as evidence in court proceedings, they are generally not WHAT SHOULD BE FILED
meant to be a substitute for the actual testimony in open court of a party or witness. A It may be made by filing a verified petition in the court (Sec. 1, Rule 24)
deposition is not to be used when the deponent is at hand. (Sales v. Sabino, G.R. No.
133154, 2005). WHERE TO FILE
The place of the residence of the expected adverse party. (Sec. 1, Rule 24).
Process of Deposition
When the deposition was taken inside the courtroom by the clerk of court in the WHEN TO FILE
presence of the parties and their lawyers, and the entire proceedings was transcribed by Before a future case or in the event of further proceedings in the same case. Petition
the stenographers of the court, the requirements that the deposition has to be sealed, shall contain:
examined and signed by the deponent, and also certified, sealed and signed by the 1. The petitioner expects to be a party to an action in a court
deposition officer would be, to the mind of the court, already superfluous. (Ayala Land
Inc. v. Tagle, G.R. No. 153667 Aug. 11, 2005). 2. The subject matter;
3. The facts which he or she desires to establish
Two (2) requisites before a court may issue a protective order: 4. The names or a description of the person
1. There must be notice; and 5. The names and addresses of the persons to be examined and the substance of the
2. The order must be for a good cause. (Santamaria v. Cleary, G.R. Nos. 197122 testimony.
&197161, June 15, 2016).
Note: It should be noted that Sec. 1 of Rule 24 may not be availed in criminal cases.
Depositions in Civil vs. Criminal Proceedings However, Sec. 7 is available in both civil and criminal actions.
1. The procedure under Rule 23 to 28 of the Rules of Court allows the taking of
depositions in civil cases, either upon oral examination or written interrogatories, What happens if there is absence of objection in the taking of deposition under
before any judge, notary public or person authorized to administer oaths at any Rule 24?
time or place within the Philippines; or before any Philippine consular official, The perpetuated testimony constitutes prima facie proof of the facts referred to in his
commissioned officer or person authorized to administer oaths in a foreign state deposition (Rey v. Morales, 35 Phil. 230)
or country, with no additional requirement except reasonable notice in writing to
the other party.
 Exception: Unless thereafter allowed by the court for good cause shown and to prevent
RULE 25 - INTERROGATORIES TO PARTIES
a failure of justice.

Interrogatory Effect of Failure to Serve Answers to Interrogatories

● A list of questions one party sends to another as part of the discovery process. The court on motion and notice, may:
● Interrogatories may relate to any matters that can be inquired into under Sec. 2 of 1. Strike out all or any part of any pleading of that party; or
Rule 23. (S5, R25) 2. Dismiss the action or proceeding or any part thereof; or
3. Enter a judgment by default against that party; and in its discretion
Service of Interrogatories to Parties
4. Order him to pay reasonable expenses incurred by the other including attorney’s
● Upon ex parte motion, any party desiring to elicit material and relevant facts from
fees. (S5, R29)
any adverse parties shall file and serve upon the latter written interrogatories to be
answered by the party served.
To activate or put in motion the process of discovery under Rule 25 of the Rules of
● If the party is a juridical entity (corporation, partnership or association), written Court, is simply the delivery directly to a party of a letter setting forth a list of
interrogatories shall be answered by any officer competent to testify on its behalf. questions with the request that they be answered individually. The receipt of such a
communication by the party has the effect of imposing on him the obligation of serving
Answer to Interrogatories the party requesting admission with "a sworn statement either denying specifically the
The interrogatories shall be answered: matters of which an admission is requested or setting forth in detail the reasons why he
1. Fully in writing; and cannot truthfully either admit or deny those matters", failing in which "each of the
2. Signed and sworn to by the person making them. matters of which admission is requested shall be deemed admitted".||| (Marcelo v.
Sandiganbayan, G.R. No. 156605, August 28, 2007)
General Rule: The party upon whom interrogatories have been served shall file and
serve a copy of the answers on the party submitting the interrogatories within 15 RULE 26 - ADMISSION BY ADVERSE PARTY
calendar days after service thereof.

Exceptions: SECTION 1. REQUEST FOR ADMISSION

The purpose of this mode of discovery is to allow one party to request the adverse party
1. Unless the court, on motion and for good cause, extends or shortens the time. (S2) in writing to admit certain material and relevant matters which most likely will not be
2. When objections to interrogatories are filed, the answers shall be deferred until the disputed during the trial.
objections are resolved, which shall be at as early a time as is practicable. (S3)
To avoid unnecessary inconvenience to the parties in going through the rigors of proof,
Answers to interrogatories may be used for the same purposes provided in Sec. 4 of before the trial, a party may request the other to:
Rule 23. (S5, R25) 1. Admit the genuineness of any material and relevant document described in and
exhibited with the request; or
Objections to Interrogatories
Objections to any interrogatories may be presented to the court within ten (10) calendar 2. Admit the truth of any material and relevant matter of fact set forth in the request
days after service thereof, with notice as in case of a motion. (Rule 26, Sec. 1, RoC).

Number of Interrogatories When made

No party may serve more than one (1) set of interrogatories to be answered by the same A party may file and serve the written request at any time after issues have been joined.
party, unless with leave of court. [Sec. 1, Rule 26]

Effect of Failure to Serve Written Interrogatories Note: The request for admission must be served on the party, not the counsel. This is
A party not served with written interrogatories may not be compelled by the adverse an exception to the general rule that notices shall be served upon counsel and not upon
party to give testimony in open court, or to give a deposition pending appeal. the party. [Duque v. CA, G.R. 125383 (2002)]
Note: Issues are joined when all the parties have pleaded their respective theories and DBP v. CA
the terms of the dispute are plain before the court. [Rosete v. Sps. Lim, G.R. No. If the factual allegations in the complaint are the very same allegations set forth in the
136051 (2006)] request for admission and have already been specifically denied or otherwise dealt with
in the answer, a response to the request is no longer required. It becomes, therefore,
SECTION 2. IMPLIED ADMISSION unnecessary to dwell on the issue of the propriety of an unsworn response to the
Each of the matters of which an admission is requested shall be deemed admitted request for admission. A request for admission that merely reiterates the allegations in
unless the party to whom the request is directed files and serves upon the party an earlier pleading is inappropriate under Rule 26 of the Rules of Court, which, as a
requesting the admission a sworn statement either: mode of discovery, contemplates of interrogatories that would clarify and tend to shed
light on the truth or falsity of the allegations in the pleading. Rule 26 does not refer to a
1. Denying specifically the matters of which an admission is requested.
mere reiteration of what has already been alleged in the pleadings.
2. Setting forth the reasons why he cannot either admit or deny those matters
The rule authorizing a party to call on the other party to make an admission implies the
When Filed making of demands for admission of relevant and material matters of facts – and not
● The sworn statement shall be filed and served within a period designated in the for admission of matters of law, conclusions, or opinions.
request but which shall not be less than fifteen (15) calendar days from the service
of such request, or within such further time as the court may allow
RULE 27 - PRODUCTION / INSPECTION OF DOCUMENTS OR THINGS
● 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 sworn statement.
The purpose of this mode of discovery is to allow a party to seek an order from the
● His compliance with the request for admission shall be deferred until such court in which an action is pending to:
obligations are resolved, which resolution shall be made as early as practicable.
a. Order any party to produce and permit the inspection and copying or
photographing of any designated document, not privileged, which constitute or
SECTION 3. EFFECT OF ADMISSION
contain evidence material to any matter; or
Any admission made by a party:
1. Is for the purpose of the pending action only; b. Order any party to permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, measuring, surveying, or
2. Shall not constitute an admission by him or her for any other purpose; and
photographing the property or any designated object or operation therein.
3. May not be used against him or her for any other proceeding (Rule 26, Sec. 3).
Filing of a Motion; Order of the Court
SECTION 4. WITHDRAWAL 1. The motion must be filed by the party seeking the production or inspection of
Admissions made under this mode of discovery, whether express or implied, are not documents and things, and the motion must show good cause supporting the
final and irrevocable. The court may allow the party making an admission to withdraw same.
or amend the admission upon such terms as may be just (Riano, 2016).
2. The order shall specify the time, place and manner of making the inspection and
The admitting party should file a motion to be relieved of the effects of his admission. taking copies and photographs and may prescribe such terms and conditions as are
just. (Rule 27, Sec. 1).
SECTION 5. EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR
ADMISSION The scope of discovery under this mode is to be liberally construed so as to provide the
● General Rule litigants with information essential to the fair and amicable settlement or expeditious
A party who fails to file and serve a request for admission on the adverse party of trial of the case. While the grant of a motion for the production of a document is
material and relevant facts at issue which are, or ought to be, within the personal admittedly discretionary on the part of the trial court judge, nevertheless, it cannot be
knowledge of the latter, shall not be permitted to present evidence on such facts arbitrarily or unreasonably denied because to do so would bar access to relevant
evidence that may be used by a party-litigant. The test to be applied by the trial judge
● Exception:
in determining the relevancy of the documents is one of reasonableness and
Unless otherwise allowed by the court (1) for good cause shown and (2) to
practicability. (Eagleridge Development Corporation v Cameron Granville 3 Asset
prevent a failure of justice (Rule 26, Sec. 5, RoC).
Management Inc., G.R. No. 204700, 2013).
Requisites in order that a party may compel the other party to produce or allow
RULE 28 - PHYSICAL & MENTAL EXAMINATION OF PERSONS
the inspection of documents or things:
1. The party must file a motion for the production or inspection of documents or
things, showing good cause therefor; Examination may be made by a physician either mental or physical by order of the
court. Must be made through a motion for good cause and upon notice to the party to
2. Notice of the motion must be served to all other parties of the case;
be examined.
3. The motion must designate the documents, papers, books, accounts, letters,
photographs, objects or tangible things which the party wishes to be produced and Section 1 & 2 provides the process as to how an examination should be made, it is
inspected; important that both parties are aware with proper motion before the court that such
4. Such documents, etc., are not privileged; examination will be conducted by a physician either mental or physical examination
5. Such documents, etc., constitute or contain evidence material to any matter with court approval.
involved in the action, and
The party causing an examination shall deliver to the party examined a copy of a
6. Such documents, etc., are in the possession, custody or control of the other party.
detailed written report of the examining physician, if it is requested by the party
Limitation of Order examined. The party causing the examination is to also receive a similar report of any
A motion for production and inspection of documents should not demand a roving examination of the same mental or physical condition. If the party examined refuses,
inspection of a promiscuous mass of documents. The inspection should be limited to the court on motion on notice may order the delivery of the said copy. If a physician
those documents designated with sufficient particularity in the motion, such that the fails or refuses to make such report the court may exclude his testimony if offered at
adverse party can easily identify the documents he is required to produce, otherwise the trial
petition cannot prosper. (Alvero v. Dizon, G.R. No. L-342, May 4, 1946).
By requesting and obtaining a report of the examination so ordered or by taking the
This is essentially a mode of discovery limited to the parties to the action. This is to be deposition of the examiner, the party examined waives any privilege he may have
differentiated from a subpoena duces tecum which is a means to compel the production regarding the testimony of every other person who has examined or may thereafter
of evidence, which may be directed to a person who may or may not be a party to the examine him
action. (RIANO, 2014, p.525)
In the case of Chan vs Chan, Gr no. 179786 ,it was held that the issuance of a
Documents to be Produced:
subpoena duces tecum is premature when the Petitioner wife made the request before
1. It should NOT be privileged;
trial started. She will have to wait for trial to begin before making a request for the
2. It should constitute or contain evidence material to any matter involved in the
issuance of a subpoena duces tecum covering her husband's hospital records. It is when
action; and
those records are produced for examination at the trial, that the husband may opt to
3. It must be within the party’s possession, custody, or control.
object, not just to their admission in evidence, but more so to their disclosure.
When the Motion may be availed
Rule 27, Section 1 does not provide when the motion may be used. Hence, the RULE 29 - REFUSAL TO COMPLY WITH MODES OF DISCOVERY
allowance of a motion for production of document rests on the sound discretion of the
court where the case is pending, with due regard to the rights of the parties and the
demands of equity and justice. In Eagleridge Development Corporation v. Cameron Sec. 1. Refusal to answer any question
Granville 3 Asset Management, Inc., the SC held that a motion for production of a. If a party refuses to answer any question any interrogatory, the examination may
documents may be availed of even beyond the pre-trial stage, upon showing of good be completed on other matters or adjourned as the proponent of the question may
cause as required under Rule 27. prefer.

Order merely Interlocutory b. If the motion is GRANTED – the court shall require the refusing party to answer.
An order for the discovery and production by defendants of documents for inspection, If the refusal to answer was without SUBSTANTIAL JUSTIFICATION, it may
copying and photographing by the plaintiff for use at trial of the action was require the refusing party or deponent or the counsel advising the refusal, or both
interlocutory and not appealable. (Apex Hoisery Co. v. Leader, et al., 1939). of them, to pay the proponent the amount of the reasonable expenses incurred in
obtaining the order, including attorney's fees.
 Case Doctrines:
c. If the motion is DENIED - and the court finds that the motion was filed
WITHOUT SUBSTANTIAL JUSTIFICATION, the court may require the Spouses Zepeda vs. China Bank Corp.
proponent or the counsel advising the filing of the application, or both of them, to
- The consequences enumerated in Section 3 (c) of Rule 29 would only apply
pay to the refusing party or deponent the amount of the reasonable expenses
where the party upon whom the written interrogatories is served, refuses to
incurred in opposing the application, including attorney's fees
answer a particular question in the set of written interrogatories and despite
an order compelling him to answer the particular question, still refuses to
Sec. 2. Refusal to be Sworn or Refusal to answer any question after being order
obey the order.
by the court to do so in the place where deposition is taken
The refusal may be considered a contempt of that court. - If such party refuses to answer the whole set of written interrogatories and not
just a particular question, the opposing party should have filed a motion based on
Sec. 3. Refusal to answer designated questions or refusal to produce documents or Section 5 and not Section 3(c) of Rule 29.
to submit to physical or mental examination
The court may make such orders: Raul Arellano vs. CFI of Sorsogon
a. the matters regarding which the questions were asked shall be taken to be - The purpose of discovery procedure is to provide means by which both parties in
established for the purposes of the action (regarding as established the contents of an action may acquire, without waiting for the trial, knowledge of material facts
the documents sought to be produced) and evidence which otherwise would be peculiarly within the knowledge only of
the other.
b. The court may issue an order refusing to allow the disobedient party to support or
oppose designation claims or defenses, or presenting evidence designated - “Leave of court is not necessary before written interrogatories may be served
documents or physical or mental condition upon a party.”
c. The court may issue an order striking pleadings or part thereof, staying further
Lopez vs. Maceren
proceedings until the order is obeyed, or dismiss the complaint or part thereof, or
render the disobeying party in default - The court has the discretion to order among others, that deposition shall not be
taken. However, this discretion is not unlimited. It must be exercised, not
d. May direct the arrest of the disobeying party or the agent except an order to
arbitrarily, capriciously or oppressively, but in consonance with the spirit of the
submit to physical or mental examination
law, to the end that its purpose may be attained.
Sec. 4. Refusal to admit genuineness of document or truth of fact - Any discovery involves a prying into another persons affairs — a prying that is
The court, upon proper application, may issue an order requiring the other party to pay quite justified if it is to be a legitimate aid to litigation, but not justified if it is not
him reasonable expenses incurred, including attorney’s fees PROVIDED that party to be such an aid.'
requesting proves genuineness of such document or truth UNLESS the court finds:
1. There were good reasons for denial, or RULE 30 - TRIAL
2. Admissions sought were of no importance.
Trial vs. Hearing
Sec. 5. Failure to attend depositions or to serve any/all answer to the questions in ● Trial is the judicial examination and determination of the issues between the
the interrogatories parties to the action.
The court may issue an order striking pleadings or part thereof, or dismiss the
complaint or part thereof, or render the disobeying party in default, or to pay the ● A hearing is a broader term. It is not confined to the trial and presentation of the
reasonable expenses in making such proof. Including attorney’s fees. evidence because it actually embraces several stages in the litigation. It includes
the pre-trial and the determination of granting or denying a motion
Sec. 6. Expenses Against the Republic of the Philippines
Expenses and attorney's fees are not to be imposed upon the Republic of the Sec. 1. Schedule for Trial.
Philippines under this Rule. The trial dates shall be continuous and within the following periods:
 Sec. 5. Order of Trial. The order of trial shall be as follows:
1. The initial presentation of plaintiff’s evidence: not later than 30 calendar days
after the termination of the pre-trial conference. Plaintiff shall be allowed to 1. Plaintiff’s evidence in support of complaint;
present evidence w/in a period of 3 months which shall include the date of judicial 2. Defendant’s evidence in support of defense, counterclaim, cross-claim, and
dispute resolution third-party complaint;
2. The initial presentation of defendant’s evidence: not later than 30 calendar days 3. Third-party defendant’s evidence of his or her defense, counterclaim, cross-claim,
after the court’s ruling on the plaintiff’s formal offer of evidence. The defendant and fourth-party complaint, if any.
shall be allowedto present evidence within a period of 3 months. 4. 4th-party defendant shall adduce evidence, and so forth, evidence of the material
3. The presentation of evidence on the third (fourth, etc.) party clain, facts pleaded, if any.
counterclaim or cross-claim: period shall be determined by the court, the total of 5. Counterclaim defendant’s or cross-claim defendant’s evidence in support of their
which shall in no case exceed 90 calendar days; and defense, in the order to be prescribed by court
4. The presentation of the parties’ respective rebuttal evidence: shall be set by 6. Rebuttal evidence only, unless the court, for good reasons and in furtherance of
the court justice, permits them to adduce evidence upon their original case
7. Upon admission of the evidence, the case shall be submitted for decision, unless
Period for the court to decide: the court directs parties to argue or to submit respective memoranda or any
The court shall decide within a period not exceeding 90 calendar days from the further pleading
submission of the case for resolution
Note: Such is subject to the provisions of Sec. 2, Rule 31 on separate trials. Evidence
Sec. 2. Adjournments and Postponements cannot be given piecemeal- to avoid injurious surprises to the other party and the
consequent delay in the administration of justice. Exception: When the court for special
Limitations on the authority to adjourn
reasons otherwise directs.
● General rule:
The court has no power to adjourn a trial for a period longer than 1 month for Reversal or Modification of Order of Trial.
each adjournment; nor more than 3 months in all. If the defendant relies upon an affirmative defense in his answer, then the order of the
trial may be properly reversed. This is because the plaintiffs need not present evidence
● Exception: as judicial admissions do not require proof. (Sec. 5, Rule 6).
When authorized in writing by the Court Administrator, Supreme Court.
Sec. 6. Oral offer of Exhibits
Sec. 3. Requisites of Motion to Postpone Trial After the presentation of evidence, the offer of exhibits shall be made orally. The
a. For absence of evidence- The section has been deleted. objections shall then be made, and the court shall orally rule on the same.
b. For illness of a party or counsel
Rationale: Formal offer of evidence is intertwined with the constitutional guarantee of
Requisites: due process. Parties must be given the opportunity to review the evidence submitted
1. Affidavit or sworn certification showing that the presence of such party or counsel against them and take necessary actions to secure their case.
at the trial is indispensable; and
Sec. 7. Agreed Statement of Facts.
2. The character of the illness is such as to render the non-attendance excusable. Parties to any action may agree upon the facts involved in the litigation. Such
Postponement is not a matter of right. It is addressed to the sound discretion of the agreement must be in WRITING and upon facts involved in the litigation. The case
court. will then be submitted for judgment on the facts agreed upon WITHOUT need for
introduction of evidence.
Sec. 4. Hearing days Findings of facts by commissioners designated by the parties for the purpose is
● Trial shall be held from Monday to Thursday. tantamount to stipulation of facts.
● Courts shall call the cases at exactly 8:30am and 2:00pm (A.C. No. 3-99). The court, if it finds no objection to the agreement, should render judgment strictly in
accordance with the said agreement.
● Hearing on the motions shall be held on Fridays pursuant to Sec. 8, Rule 15
Sec. 8. Suspension of Actions. Under Art. 2030 of the Civil Code, every civil action or Yu vs. Mapayo
proceeding shall be suspended: - Reverse order of trial: Where the answer of the defendant admitted the
1. If willingness to discuss a possible compromise is expressed by one or both obligation stated in the complaint, although special defenses were pleaded, the
parties; or plaintiff has every right to insist that it was for the defendant to come forward
with evidence to support his special defenses.
2. If it appears that one of the parties, before the commencement of the action or
proceeding, offered to discuss a possible compromise but the other party refused
the offer. RULE 31 - CONSOLIDATION OR SEVERANCE

Sec. 9. Delegation of Reception of Evidence

When Consolidation is Proper
● General Rule: The judge of the court where the case is pending shall personally A court may order consolidation when:
receive the evidence to be adduced by the parties 1. There are actions involving a common question of law or fact; and
● Exception: The court may delegate the reception of evidence to its clerk of court 2. The actions are pending before the same court. (Sec. 1, Rule 31).
in:
1. Default hearings How Consolidation Made
When circumstances warrant the consolidation to be proper, the court may order:
2. Ex parte hearings, or
a. A joint hearing or trial of any and all matters or issue in the action;
3. Cases where parties agree in writing. b. Consolidation of all actions; or
● Note: In order to be able to receive evidence, the clerk of court must be a member c. Such orders concerning proceedings therein as may tend to avoid unnecessary
of the bar. costs or delay. (Sec. 1, Rule 31).

Objections: The clerk of court has no power to rule on objections to any question or to Modes of Consolidating actions or special proceedings:
the admission of exhibits. Objections shall be resolved by the court upon submission of a. Recasting the cases already instituted, conducting only one hearing and rendering
the clerk’s report and the transcripts within 10 calendar days from termination of the only one decision
hearing. b. The existing cases are consolidated, only one hearing is helped and only one
decision is rendered
Case Doctrines: c. Without recasting or consolidating the cases, the principal one is heard, the
Sarmiento vs. Juan hearing on the others being suspended until judgment has been rendered in the
- The “last pleading” need not be literally construed as the actual filing of the last first case.
pleading. For the purpose of pre-trial, the expiration of the period for filing the
last pleading is sufficient. General rule: Single/consolidate trial
Exceptions:
Laluan vs. Malpaya 1. different issues in same case, or
- No provision of law or principle of public policy prohibits a court from 2. avoid prejudice, or
authorizing its clerk of court to receive the evidence of a party litigant. 3. further convenience, or
4. promote justice, or
- the reception of evidence by the clerk of court constitutes but a ministerial task — 5. fair trial to all parties
the taking down of the testimony of the witnesses and the marking of the pieces of
documentary evidence, if any, adduced by the party present. In Metrobank vs Sandoval, to which complaint for reconveyance against Marcos was
- This task of receiving evidence precludes, on the part of the clerk of court, the filed, the grant of separate trial for Asian Bank, not being in furtherance of
exercise of judicial discretion usually called for when the other party who is convenience or would not avoid prejudice to a party, and being even contrary to the
present objects to questions propounded and to the admission of the documentary Constitution, the law and jurisprudence, was arbitrary.
evidence proffered.
May there be a consolidation of cases which are pending before courts situated in
RULE 34 - JUDGMENT ON THE PLEADINGS
different districts?
Yes. On consideration of judicial economy and for convenience of the parties. The SC
can order the consolidation of cases involving substantially the same parties and issues SECTION 1 - Judgment on pleadings
but which have been filed in different courts of equal jurisdiction. Thus, cases pending Where an answer fails to tender an issue, or otherwise admits the material allegations
before different courts of equal jurisdiction situation in different regional districts may of the adverse party’s pleading, the court may, on motion of that party, direct judgment
be consolidated as long as they have a common question of fact or loaw, but the on such pleading. However, in actions for declaration of nullity or annulment of
consolidation should come from the Supreme Court. (Superlines Trans. Co. vs. Victor) marriage or for legal separation, the material facts alleged in the complaint shall always
be proved.
In Superlines Transport vs Victor, by judicial economy and administration, as well
as the convenience of the parties, dictate that it is the Cavite court, rather than the SECTION 2 - Action on motion for judgment on the pleadings
Gumaca court, which serves as the more suitable forum for the determination of the The court may motu proprio or on motion render judgment on the pleadings of it is
rights and obligations of the parties concerned. To require private respondents from apparent that the answer fails to tender an issue, or otherwise admits the material
Cavite to litigate their claims in the Quezon Court would unnecessarily expose them to allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to
considerable expenses. 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
RULE 32 - TRIAL BY COMMISSIONER
of an appeal or petition for certiorari, prohibition, or mandamus.

Judgment on pleadings is based exclusively upon the allegations appearing in the

RULE 33 - DEMURRER TO EVIDENCE
pleadings of the parties and the annexes, if any, without consideration of any evidence
aliunde
Section 1 - Demurrer to evidence
Purpose ESSENTIAL QUERY: Whether issues of fact exist in a case or not depends on how
A chance for the defendant to quickly dismiss the case which the court may grant or the defending party’s answer has dealt with the ultimate facts alleged in the complaint.
deny. It is a litigious motion subject to the provisions of Rule 15.
The allegations of ultimate facts the answer admits, being undisputed, will not require
When to file evidence to establish the truth of such facts, but the allegations of ultimate facts the
After the plaintiff has completely finished presenting their evidence. answer properly denies, being disputed, will require evidence.

Ground to file The answer would fail to tender an issue if it does not comply with the requirements for
When the pieces of evidence presented by the plaintiff clearly shows that the plaintiff is a specific denial set out in Section 8 & 10 of Rule 8.
not entitled to any form of relief.
WHEN ANSWER FAILS TO TENDER AN ISSUE
Section 2 - Action on Demurrer to evidence TEST: Whether there are issues generated by the pleadings.
When granted The answer would fail to tender an issue if it does not deny the material allegations in
The case may be dismissed immediately but if it was reversed the CA may render the complaint or admits said material allegations of the adverse party’s pleadings by
judgment since the defendant is deemed to have waived their right to present their confessing the truthfulness thereof and/or omitting to deal with them at all.
evidence.
WHEN A JUDGMENT ON THE PLEADINGS MAY BE AVAILED OF
When denied The court may, motu proprio or on motion of that party, direct on such pleading when
It is not subject to appeal, certiorari, prohibition, or mandamus before judgment. The the answer:
defendant may still present their pieces of evidence. 1. Fails to tender an issue, or
2. Admits the material allegations of the adverse party’s pleading. [Sec. 1 and 2,
Rule 34]
Note: The concept will not apply when no answer is filed. It will come into operation When filed
when an answer is served and filed but the same fails to tender an issue, or admits the 1. If sought by the claimant – only after the answer is served; [Sec. 1, Rule 35]
material allegations of the adverse party’s pleading. [1 Riano 609, 2014 Bantam Ed.] 2. If sought by the defendant – at any time [Sec. 2, Rule 35]

When no answer is filed, the remedy is to move that the defendant be declared in Procedure
default. [Sec. 3, Rule 9] 1. Movant files a motion for summary judgment, citing the supporting affidavits,
depositions, or admissions, and the specific law relied upon.
WHEN AVAILED OF BY MOTION OF A PARTY 2. The adverse party may file a comment and serve opposing affidavits, depositions,
The motion shall be subject to the provisions of Rule 15. [Sec. 2, Rule 34] admissions within 5 calendar days from receipt of the motion.
3. A hearing will be conducted only if ordered by the court.
From the reference to Rule 15, it follows that a motion for a judgment on the pleadings
Note: There is no longer a mandatory hearing for the motion due to the
is considered an allowable litigious motion. As such, there must be proof of service to
amendment of the rules. This is also consistent with the amendments to Rule 15.
the other party who shall have 5 calendar days to file an opposition. From receipt of
4. Court renders summary judgment
such, the court shall have 15 calendar days to resolve the motion.
Note: Any action of the court on a motion for judgment on the pleadings shall not be NOTE: Any action of the court on a motion for summary judgment shall not be subject
subject of an appeal or petition for certiorari, prohibition or mandamus. of an appeal or petition for certiorari, prohibition or mandamus (Rule 35, Sec. 3, RoC)

Judgment on the pleadings is not proper in the ff. cases: Partial summary judgment – applies when for some reason there can be no full
1. Declaration of Nullity of Marriage; summary judgment. Trial should deal only with the facts not yet specified or
2. Annulment of marriage; and established.
3. Legal Separation.
Duty of the court [Sec. 4, Rule 35]
In such cases, the material facts alleged in the complaint shall always be proved. If on motion for summary judgment, judgment is not rendered upon the whole case or
for all the reliefs sought and a trial is necessary, the court may:
RULE 35 - SUMMARY JUDGMENTS 1. Ascertain which material facts exist without substantial controversy and the extent
to which the amount of damages and other reliefs is not in controversy by
A judgment which a court may render before trial, but after both parties have a. Examining the pleadings and evidence before it; and
pleaded upon application by one party supported by affidavits, depositions, or other b. Interrogating counsel
documents, with notice upon the adverse party who may file an opposition supported 2. Make an order which:
also by affidavits, depositions or other documents, should the court find after a. Specifies which facts ascertained are deemed established, and
summarily hearing both parties with their respective proofs that there exists no b. Directs further proceedings as are just
genuine issue between them.
3. Conduct trial on the controverted facts
Summary Judgment is proper when it appears to the court that
Effect: A partial summary judgment is not a final judgment, but merely a pre-trial
a. There exists no genuine issue as to any material fact, except as to the amount of
adjudication that said issues in the case shall be deemed established for the trial of the
damages, and
case. [Guevarra v. CA, G.R. No. L-49017 (1983)
b. The moving party is entitled to judgment as a matter of law
FORM OF AFFIDAVITS AND SUPPORTING PAPERS
A genuine issue means an issue of fact which calls for the presentation of evidence. It
1. Made on personal knowledge
exists if the answer or responsive pleading filed specifically denies the material
2. Setting forth such facts as would beadmissible in evidence
allegations of fact set forth in the complaint or pleading. However, if the issue "could
3. Showing affirmatively that the affiant is competent to testify to the matters stated
be resolved judiciously by plain resort" to the pleadings, affidavits, depositions, and
therein
other papers on file, the issue of fact raised is sham, and the trial court may resolve the
4. Certified true copies of all papers or parts thereof referenced in the affidavit shall
action through summary judgment (Oliver vs. Castillo, G.R. No. 196251)
be attached or served with the affidavit [Sec. 5, Rule 35]
Affidavits in bad faith or solely for the purpose of delay Sanctions: What is the rule regarding judgment on the pleadings?
1. The court shall forthwith order the offending party or counsel to pay to the other Judgment on the pleadings is appropriate when an answer fails to tender an issue, or
party: otherwise admits the material allegations of the adverse party’s pleading. As such, it is
a. Amount of the reasonable expenses which the filing of the affidavits caused a judgment that is exclusively based on the submitted pleadings, without the
him or her to incur, introduction of evidence as the factual issue remains uncontroverted. (GSIS vs.
Prudential Guarantee and Assurance, Inc., GR no. 165585, November 20, 2013)
b. Attorney's fees,
2. It may, after hearing further, adjudge the offending party or counsel guilty of What is the nature of a summary judgment?
contempt. A summary judgment is granted to settle expeditiously a case if, on motion of either
party, there appears from the pleadings, depositions, admissions, and affidavits that no
The real test of a motion for summary judgment is whether the pleadings, affidavits important issues of fact are involved, except the amount of damages. (Ybiernas vs.
and exhibits in support of the motion are sufficient to overcome the opposing papers Tanco-Gabaldon, 650 SCRA 154)
and to justify a finding as a matter of law that there is no defense to the action or that
the claim is clearly meritorious (Grand Farms, Inc. & Philippine Shares Corp. vs. CA) What is the rule regarding summary judgment for claimants?
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,
Summary judgment (Rule 35) Judgment on the pleadings (Rule 34)
move with supporting affidavits, depositions or admissions for a summary judgment in
involves an issue, but the issue is not Absence of a factual issue in the case his or her favor upon all or any part thereof. (Sec.1, Rule 35)
genuine. because the answer tenders no issue at
all. What is the rule regarding summary judgment of the defending party?
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
Motion for summary judgment may be Motion for judgment on the pleadings is relief is sought may, at any time, move with supporting affidavits, depositions or
filed by either the claiming or the filed by a claiming party like a plaintiff admissions for a summary judgment in his or her favor as to all or any part thereof.
defending party. [Secs. 1-2] or a counterclaimant. [Sec. 1] (Sec. 2, Rule 35)

May be ordered motu proprio by the May be ordered motu proprio by the What is the rule when the case is not fully adjudicated on the motion?
court. [Sec. 10, Rule 18] court. [Sec. 10, Rule 18] 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
based on the pleadings, affidavits, Based on the pleadings alone [Sec. 1] and the evidence before it and by interrogating counsel, ascertain what material facts
depositions and admissions [Sec. 3] 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
RULE 36 - JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF shall be conducted on the controverted facts accordingly. (Sec. 4, Rule 35, AM No.
19-10-20-SC)

What is the rule regarding judgment after pre-trial? What are the forms of affidavit and supporting papers needed?
Should there be no more controverted facts, or no more genuine issue as to any Supporting and opposing affidavits shall be made on personal knowledge, shall set
material fact, or an absence of any issue, or should the answer fail to tender an issue, forth such facts as would be admissible in evidence, and shall show affirmatively that
the court shall, without prejudice to a party moving for judgment on the pleadings the affiant is competent to testify to the matters stated therein. Certified true copies of
under Rule 34 or summary judgment under Rule 35, motu proprio include in the all papers or parts thereof referred to in the affidavit shall be attached thereto or served
pre-trial order that the case be submitted for summary judgment or judgment on the therewith. (Sec. 5, Rule 35)
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. Distinguish: Judgment on the pleadings and summary judgments.
The order of the court to submit the case for judgment pursuant to this Rule shall not be A judgment on the pleadings is a judgment that is exclusively based on the submitted
the subject to appeal or certiorari. (Sec. 10, Rule 18, AM No. 19-10-20-SC) pleadings, without the introduction of evidence as the factual issue remains
uncontroverted., while a summary judgment is a judgment granted to settle REQUISITES FOR MOTION FOR NEW TRIAL BASED ON NDE
expeditiously a case if, on motion of either party, there appears from the pleadings, 1. That the evidence has been discovered after trial;
depositions, admissions, and affidavits that no important issues of fact are involved, 2. That the evidence could not have been discovered and produced during trial, even
except the amount of damages. with the exercise of reasonable diligence; and
3. That the evidence is material and not merely corroborative, cumulative, or
What are the contents of a judgment? impeaching, and is of such weight that if admitted, would probably alter the result
1. The judgment or final order shall be in writing personally and directly prepared
by the judge; WAIVER OF GROUNDS
A motion for new trial shall include all grounds then available, and those not so
2. It must state clearly and distinctly the facts and the law on which it is based;
included shall be deemed waived.
3. It must be signed by him (the judge); and
4. It must be filed with the clerk of court. (Sec. 1, Rule 36) SECOND MOTION FOR NEW TRIAL
● GENERAL RULE A second motion for new trial, based on a ground not existing
What is the rule regarding rendition of judgments and final orders? nor available when the first motion was made, may be filed within the time
Rendition of a judgment is the filing of the same with the clerk of court. It is not the provided under the Rule, excluding the time during which the first motion had
pronouncement of the judgment in open court that constitutes the rendition. (Ago vs. been pending.
CA, 6 SCRA 530; Castro vs. Malazo, 99 SCRA 164) ● EXCEPTION The second motion may be based only on grounds which were not
existing or available at the time of the filing of the first motion.
What is the rule regarding entry of judgment and final order?
If no appeal or motion for new trial or reconsideration is filed within the time provided EFFECT OF GRANT OF NEW TRIAL
in these Rules, the judgment or final order shall forthwith be entered by the clerk in the The original judgment or final order shall be vacated, and the action shall stand for trial
book of entries of judgments. The date of finality of the judgment or final order shall de novo.
be deemed to be the date of its entry (in the book of entries of judgment). (Sec. 2)
MOTION FOR RECONSIDERATION
Within the same period for filing a motion for new trial, the aggrieved party may also
RULE 37 - NEW TRIAL OR RECONSIDERATION
move for the reconsideration of the judgment or final order.

NEW TRIAL PURPOSE

A party aggrieved by the final order or judgment may file a motion for new trial within To allow the court to correct itself before review by a higher court
the period for taking an appeal.
GROUNDS FOR MOTION FOR RECONSIDERATION
GROUNDS FOR A NEW TRIAL 1. that the damages awarded are excessive;
1. Fraud, accident, mistake, or excusable negligence which ordinary prudence could 2. that the evidence is insufficient to justify the decision or final order;
not have guarded against and by reason of which such aggrieved party has 3. that the decision or final order is contrary to law
probably been impaired in his or her rights; or
2. Newly discovered evidence, which he or she could not, with reasonable diligence, WHEN TO FILE MOTION FOR RECONSIDERATION
have discovered and produced at the trial, and which if presented would probably Must be filed within the period to appeal. If the motion is filed beyond this period, it
alter the result. ipso facto forecloses the right to appeal and the judgment sought to be reconsidered
shall attain finality.
HOW PROVED
1. Motion founded on FAME – shall be supported by affidavits of merits which may HOW PROVED
be rebutted by affidavits; A motion for reconsideration shall point out specifically the findings or conclusions of
2. Motion based on NDE – shall be supported by affidavits of the witnesses by the judgment or final order which are not supported by evidence, or which are contrary
whom such evidence is expected to be given, or by duly authenticated documents to law, making express reference to the testimonial or documentary evidence to the
which are proposed to be introduced in evidence provisions of law alleged to be contrary to such findings or conclusions.
SECOND MOTION FOR RECONSIDERATION Is this remedy always available?
No party shall be allowed a second motion for reconsideration of a judgment or final No, this rule is not always available. The relief afforded by Rule 38 will not be granted
order. to a party who seeks to be relieved from the effects of the judgment when the loss of
the remedy of law was due to his own negligence, or mistaken mode of procedure for
PARTIAL GRANT OF RECONSIDERATION OR NEW TRIAL that matter; otherwise, the petition for relief will be tantamount to reviving the right of
If the grounds for a motion appear to the court to affect the issues as to only a part, or appeal which has already been lost, either because of inexcusable negligence or due to
less than all of the matter in controversy, or only one or less than all of the parties to it, a mistake of procedure by counsel. (Purcon, Jr. v. MRM Philippines, Inc., G.R. No.
the court may order a new trial or grant reconsideration as to such issues as are 182718 (Resolution), [September 26, 2008], 588 PHIL 308-317)
severable, without interfering with the judgment or final order upon the rest.
The same rule applies to petitions for relief from denial of appeal. Such party is not
EFFECT OF ORDER FOR PARTIAL NEW TRIAL entitled to relief under Rule 38, Section 2 of the Rules of Court if he was not prevented
When less than all of the issues are ordered retried, the court may either enter a from filing his notice of appeal by fraud, accident, mistake or excusable negligence.
judgment or final order as to the rest, or stay the enforcement of such judgment or final (Yusuke Fukuzumi v. Sanritsu Great International Corp., G.R. No. 140630
order until after the new trial. (Resolution), [August 12, 2004], 479 PHIL 888-896)

REMEDY AGAINST AN ORDER DENYING A MOTION FOR NEW TRIAL When can I file a petition under Rule 38?
OR RECONSIDERATION Under Sec. 3 of Rule 38, you may file a petition under Rule 38 within 60 days after the
Not appealable. Proper remedy is to take an appeal from the judgment or final order. petitioner learns of the judgment, final order, or proceedings to be set aside, and not
more than 6 months after such judgment, final order, or such proceeding was taken.
RESOLUTION OF MOTION
A motion for new trial or reconsideration shall be resolved by the court within 30 days The double period rule is jurisdictional and should be strictly complied with.
from the time it is submitted for resolution.
The 60-day period is to be reckoned from the actual receipt of the denial of the motion
EXTENSION OF TIME for reconsideration when one is filed. (City of Dagupan v. Maramba)
No motion for extension of time to file a motion for new trial or reconsideration shall
be allowed. On the other hand, the 6-month period is reckoned from the entry of the judgment or
proceeding. (Madarang v. Spouses Morales, G.R. No. 199283, [June 9, 2014)
RULE 38 - RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
What am I supposed to file to avail of a petition under Rule 38?
PROCEEDINGS
Under Sec. 3 of Rule 38, there must be:
1. a verified petition;
Section 1.
2. affidavits showing the fraud, accident, mistake, or excusable negligence relied
Allows for the remedy called a petition for relief from judgment. This is an equitable
upon; and
remedy "allowed in exceptional cases when there is no other available or adequate
remedy" that will allow for substantive justice. (City of Dagupan v. Maramba) 3. the facts constituting the petitioner’s good and substantial cause of action or
defense, as the case may be.
Section 2.
Provides for a petition for relief from denial of appeal, which a party may avail of if What happens after filing the petition?
s/he was also prevented from taking an appeal due to the same grounds below. Under Sec. 4 of Rule 38, if the petition is found to be sufficient in form and substance
to justify relief, the court shall issue an order requiring adverse parties to answer the
What are the grounds which would allow a party to avail of the remedy? same within 15 days from receipt thereof.
1. Fraud
2. Accident Can I ask the court to grant a preliminary injunction pending my petition?
3. Mistake Yes. Under Sec. 5 of Rule 38, the court in which the petition is filed may grant such
4. Excusable negligence preliminary injunction as may be necessary to preserve the rights of the parties.
The same provision also requires the petitioner to file a bond in favor of the adverse Judgments become final and executory by operation of law. Finality of judgment
party. If the petition fails, or the petitioner otherwise fails on merits, he will pay the becomes a fact upon the lapse of the reglementary period to appeal if no appeal is
adverse party all damages and costs that may be awarded to him by reason of the perfected. In such a situation, the prevailing party is entitled to a writ of execution, and
issuance of the injunction or other proceedings following the petition. issuance thereof is a ministerial duty of the court. (Abrigo vs. Flores, G.R. No. 160786,
2013)
Note however that the injunction which may be granted cannot operate to discharge or
extinguish any lien which the adverse party may have acquired upon the property of the
Doctrine of Immutability of Judgments
petitioner.
A judgment that has acquired finality becomes immutable and unalterable, and may no
longer be modified.
What happens after the filing of the answer?
It depends. Under Sec. 6 of Rule 38, if the court hears the petition and finds that the
Purposes:
allegations are false, the petition will be dismissed. On the other hand, if the allegations
are true, then the judgment, final order, or proceeding shall be set aside upon such 1. To avoid delay in the administration of justice and thus, procedurally, to make
terms as may be just. The case shall then proceed as if the judgment, final order, or orderly the discharge of judicial business; and
proceeding had never been rendered or taken. 2. To put an end to judicial controversies, at the risk of occasional errors, which is
precisely why courts exist.
What if the subject of my petition is the denial of my appeal?
Under Sec. 7 of Rule 38, where the denial of an appeal is set aside, the lower court will Exceptions:
be required to give due course to the appeal, and elevate the records of the case as if an a. Correction of clerical errors;
appeal had been properly perfected.
b. Nunc pro tunc entries that cause no prejudice to any party;
Can I file a petition for relief from judgment originally with the Supreme Court? c. Void judgments; and
No. It was held in the case of Purcon Jr.v. MRM Philippines, Inc., that Rule 38 must be d. Whenever circumstances transpire after the finality of the decision rendering its
read in relation to Rule 56, which enumerates the Supreme Court’s original jurisdiction. execution unjust and inequitable. (Apo Fruits and Hijo Plantation vs. CA, G.R.
A petition under Rule 38 is not included in the enumeration therein. Thus, it is not No. 164195, 2009)
cognizable by the Supreme Court.
Doctrine of immutability of a final judgment may be relaxed only to serve the ends of
substantial justice in order to consider certain circumstances like:
RULE 39 - EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
a. Matters of life, liberty, honor or property;
b. Existence of special or compelling circumstances;
A final judgment or order is one that finally disposes of a case, leaving nothing more
to be done by the Court in respect thereto. Once rendered, the task of the Court is c. Merits of the case;
ended, as far as deciding the controversy or determining the rights and liabilities of the d. Cause not being entirely attributable to the fault or negligence of the party favored
litigants is concerned. by the suspension of the doctrine;
Nothing more remains to be done by the Court except to await the parties' next move e. Lack of any showing that the review sought is merely frivolous and dilatory;
and ultimately, of course, to cause the execution of the judgment once it becomes f. Other party will not be unjustly prejudiced by the suspension. (Abrigo vs. Flores,
"final" or, to use the established and more distinctive term, "final and executory." G.R. No. 160786, 2013)

Final Judgments vs. Final and Executory Judgments Execution - is a remedy provided by law for the enforcement of a judgment
Judgments are final in a sense that they finally dispose of, adjudicate, or determine the
rights of the parties. But such judgments are not yet final and executory pending the Kinds of execution
period of appeal. During that period, execution of the judgment cannot yet be a. Execution as matter of right; and
demanded by the winning party as a matter of right.
b. Discretionary Execution
Execution as a matter of right Stay of Discretionary Execution
Execution as a matter of right shall issue: It is stayed upon approval by the proper court of a sufficient supersedeas bond filed
by the party against whom it is directed, conditioned upon the performance of the
a. Upon judgment or order that disposes of the action or proceeding upon expiration
judgment or order allowed to be executed in case it shall be finally sustained in whole
of the period to appeal therefrom if no appeal has been duly perfected;
or in part. The supersedeas bond may be proceeded against on motion with notice to
b. If the appeal has been duly perfected and resolved with finality, the execution may the surety. (Sec.3, Rule 39)
then be applied for in the court of origin, on motion of the judgment obligee,
submitting therewith certified true copies of the judgment or final order sought to Supersedeas bond - A type of surety bond that a court requires from an appellant who
be enforced and of the entry thereof, with notice to the adverse party. wants to delay payment of a judgment until an appeal is over.

The appellate court may also, upon motion, direct the court of origin to issue a writ of Judgments Not Stayed by Appeal
execution if there is a verifiable interest in justice that is required. The following are instances where judgments are immediately executory:
a. Injunction;
If no appeal was made during the reglementary period, notice to the adverse party is
not required in an execution as a matter of right. However, a notice to the adverse party b. Receivership;
is required if there is an appeal that has been duly perfected and the execution applied c. Accounting;
to the trial court. d. Support;
e. Other judgments declared to be immediately executory as ordered by the trial
It must be noted that writs of execution as a matter of right shall issue only after court. (Sec. 4, Rule 39)
motion. (Section 1, Rule 39)
These shall be enforceable after their rendition and shall not be stayed by an appeal
Discretionary Execution taken therefrom unless otherwise ordered by the trial court.
It is an exception to the general rule that a judgment cannot be executed before the
lapse of the period for appeal or during the pendency of an appeal. On appeal therefrom, the appellate court in its discretion may make an order
suspending, modifying, restoring or granting the injunction, receivership, accounting,
It is stayed upon approval by the proper court of a supersedeas bond filed by the party or award of support.
against whom it is directed, which is conditioned upon the performance of the
judgment allowed to be executed in case it is finally sustained in whole or in part. The stay of execution shall be upon such terms as may be considered proper for the
security or protection of the rights of the adverse party. (Sec. 4, Rule 39)
In a discretionary execution, it may either pertain to the execution of a judgment or a
final order pending appeal or execution of several separate or partial judgments. Effect of Reversal of Executed Judgment
The trial court may, on motion, issue such orders of restitution or reparation of
(1) Execution of a Judgment or Final Order Pending Appeal damages as equity and justice may warrant under the circumstances. (Sec. 5, Rule 39)
Under Section 2 of Rule 39 of the 2019 Rules, the following requisites must concur:
a. There must be a motion for execution filed by the prevailing party Execution by Motion or by Independent Action
b. There must be a notion of the motion to the adverse party; and General Rule: A final and executory judgment must be enforced by motion within five
c. Good reasons must be stated in a special order after due hearing. (5) years from its entry (Sec. 6, Rule 39).

(2) Execution of Several, Separate or Partial Judgments Effect of failure: It becomes a dormant judgment which may only be enforced through
Several separate or partial judgments may be executed under the same terms and an independent action for revival of judgment.
conditions as execution of judgment or final order pending appeal.
The revived judgment may also be enforced by motion within five (5) years from the
3. Contempt orders in unauthorized re-entry on the land by ejected defendant
date of its entry and thereafter by action before it is barred by the statute of limitations.
(Patagan v. Judge Panis, G.R. No. L-55730, April 1, 1988).
Exceptions: 4. When the enforceability of a final decision is suspended by a lower court’s order
A final and executory judgment may still be enforced by motion after the 5-year period or becomes conditional and uncertain, prescription will not operate (David v.
from entry if: Garlitos, G.R. No. L-22341, April 29, 1969)
1. There is a filing of a separate independent action which is a petition for revival of
Execution of judgment may be made by motion after the lapse of five years when the
judgment.
delay is caused or occasioned by actions of the judgment obligor and/or is incurred for
a. The prevailing party should file an action for revival of the judgment after his benefit or advantage. (RCBC vs. Federico Serra)
the lapse of 5 year period to execute the judgment but within ten (10) years
from the date the judgment became final (Article 1144[3], 1152, NCC). Where the delays were occasioned by the judgment debtor's own initiatives and for her
b. When the judgment has been revived, the prevailing party can then enforce advantage as well as beyond the judgment creditor's control, the five-year period
it by motion within five(5) years from the date of entry of the revived allowed for enforcement of the judgment by motion is deemed to have been effectively
judgment. interrupted or suspended. The Court has reiterated that the purpose of prescribing time
limitations for enforcing judgments is to prevent parties from sleeping on their rights.
2. Delay is attributable to the judgment debtor as when he employs legal maneuvers
While strict compliance with the rules of procedure is desired, liberal interpretation is
to block the enforcement of the judgment (Sps. Davis v. Sps. Davis, G.R. No.
warranted in cases where a strict enforcement of the rules will not serve the ends of
233489, March 7, 2018)
justice. (Camacho v. Court of Appeals)
3. There is agreement between the parties to suspend the enforcement of the
judgment (Macias v. Lim, G.R. No. 139284, June 4, 2004). Execution in case of Death of Party
4. A valid execution was issued and levied within the 5 year period but the auction In case of death of a party, execution may be enforced in the following ways:
sale was conducted after the lapse of the 5 year period (Government v Echaus, a. Death of judgment obligee - upon the application of his administrator, executor, or
G.R. No. 47870, March 13, 941). Provided such a sale is rendered within 10 years successor in interest;
from the judgment became final (Ansaldo v Fidelity & Surety Co., G.R. No.
b. Death of judgment obligor - against his administrator, executor, or successor in
L-2378, April 27, 1951)
interest, if the judgment is for the recovery of real or personal property, or the
5. Judgment for support does not prescribe or becomes dormant but its installments enforcement of a lien thereon; (i) However, if the judgment is for money, it must
may prescribe. be filed as a money claim against the judgment obligor’s estate;
c. Death of the judgment obligor - after execution is actually levied upon any of his
Reason for the Exception
property, the same may be sold for the satisfaction of the judgment obligation, and
After the lapse of the 5-year period, the judgment is reduced to a mere right of action,
the officer making the sale shall account to the corresponding executor or
which judgment must be enforced by the institution of a complaint in the regular form.
administrator for any surplus in his hands. (Sec.7, Rule 39)
Such action must be filed within 10 years from the date the judgment became final,
which is now the date of its entry (Ernesto Villeza v. German Management and
Issuance, Form and Contents of a Writ of Execution
Services, Inc., G.R. No. 182937, August 8, 2010).
Writ of Execution - a judicial writ issued to an officer authorizing him or her to
execute the judgment of the court.
Instances when the 5- and 10-year periods do not apply:
1. Judgments for support which do not become dormant and which can always be Requisites:
executed by motion because the obligation is a continuing one and the court never 1. Must strictly conform to the decision or judgment which gives it life;
loses jurisdiction to enforce the same (Canonizado v. Benitez, G.R. No. 72746).
2. Cannot vary the terms of judgment it seeks to enforce.
2. Special proceedings, such as land registration and cadastral cases wherein the
right to ask for a writ of possession does not prescribe (Ting v. Heirs of Lirio, G.R.
No. 168913, March 14, 2007).
The writ must: Section 2. When to appeal?
1. Be issued in the name of the Republic of the Philippines from the court, which It may be taken within 15 days after notice to the appellant of the judgement or final
granted the motion; order appealed from.
2. State the name of the court, the case number and title, the dispositive part of the
What if the record on appeal is required?
subject judgment or order; and
The appellant shall file a notice of appeal and a record on appeal within 30 days after
3. Require the sheriff or other proper officer to enforce the writ according to its notice of the judgement or final order.
terms, in the manner herein provided. (Sec. 8, Rule 39)
Is the period to appeal extendible?
Execution of judgments for money If record on appeal is not required, the period cannot be extended.
The judgment is executed through either: When record on appeal is required, the period may be extended provided that a motion
1. Immediate payment on demand; for extension has been filed within the reglementary period.
2. Satisfaction by levy; or
The period to appeal shall be interrupted by a motion for new trial or reconsideration.
3. Garnishment of debts and credits. (Sec.9, Rule 39)
“Fresh Period” Rule
If immediate payment, the judgment obligor shall pay in cash, certified bank check
Where the motion for new trial or reconsideration is denied, the movant shall have a
payable to the judgment oblige, or any other form of payment acceptable to the latter,
fresh period within which to file his appeal of the judgment or final order.
of the full amount;
The 15 days is counted from the receipt of the order denying the motion for new trial or
for reconsideration. (Neypes vs CA)
If satisfied by levy, the officer shall levy upon the properties of the judgment obligor
which may be disposed of for value and not exempt from execution under Sec. 13,
Section 3. How to appeal?
Rule 39. The judgment obligor may opt to choose which property or part thereof may
A. By Notice of Appeal:
be levied and if he does not, then the officer shall levy first on the personal properties,
then the real properties; 1. File notice of appeal that rendered the judgment or final order appealed
from;
If satisfied by garnishment, the officer shall levy on debts due on the judgment 2. The notice of appeal must indicate:
obligor and other credits by serving notice upon the person owing such debts. After a. Name of parties;
garnishment, the garnishee shall make a written report to the court within 5 days from b. Judgment or final order appealed from;
service whether the judgment obligor has sufficient credit to satisfy the debt. (Sec. 9, c. Material date showing timeliness of appeal [Material Data Rule]
Rule 39) 3. A copy served on the adverse party; and
4. Payment in full of docket fees and other lawful fees
Execution of judgments for specific act
The judgment may be executed by directing the performance of the specific act,
B. By Record on Appeal
ordering the sale of a property, the restitution of real property, removal of
improvements, or the delivery of personal property. (Sec. 10, Rule 39) 1. In special proceedings and in other cases of Multiple or separate appeals
[ROC, Rule 40, Sec. 3];
2. In an order of Expropriation in eminent domain proceedings [ROC, Rule 69,
RULE 40 - APPEAL FROM MUNICIPAL TRIAL COURTS TO THE RTCs
Sec. 2];
3. In a judgment for recovery of property or Partition with accounting;
Section 1. Where to appeal from a judgement or a final order of a Municipal Court?
4. In a Foreclosure of mortgage [Roman Catholic Archbishop of Manila v.
It may be taken to the RTC exercising jurisdiction over the area to which the MTC
CA]; and
pertains.
5. In a judgment for or against one or more of several Defendants, leaving the
action to proceed against the others [ROC, Rule 36, Sec. 4].
Section 4. Perfection of Appeal; When deemed perfected? Option of a Appellee - within 15 days from receipt of the appellant’s memorandum:
1. By notice of appeal - as to him upon the filing of the notice of appeal in due 1. File his memorandum and serve a copy to the appellant
time 2. Not to file a memorandum
2. By record on appeal - as to him with respect to the subject matter thereof upon
the approval of the record on appeal filed in due time Effect of failure of the appellant to file a memorandum - it shall be a ground for
dismissal of the appeal
Effects of perfected appeal
1. Notice of appeal - the court loses jurisdiction over the case upon the perfection When the appeal shall be considered submitted for decision - upon the:
of the appeals filed in due time and the expiration of the time to appeal of the 1. Filing of the memorandum of the appellee; or
other parties 2. Expiration of the period to do so
2. Record on appeal - the court loses jurisdiction only over the subject matter
thereof upon the approval of the records on appeal filed in due time and the Basis of the RTC to decide the case -
expiration of the time to appeal of the other parties 1. The entire record of the proceedings had in court of origin, and
2. Such memoranda as are filed
Note: The notice of appeal does not require the approval of the court. The function of
the notice of appeal is merely to notify the trial court that the appellant was availing of
The present rule says, within 15 days from notice, it is your obligation to file a
the right to appeal, and not to seek the court’s permission that he be allowed to pose an
memorandum. If the appellant fails to file a memorandum in the RTC, his appeal will
appeal. The trial court’s only duty with respect to a timely notice of appeal is to
be dismissed. The filing of an appeal memorandum in the RTC is mandatory to point
transmit the original record of the case to the appellant court. (Crisologo vs Daray)
out the errors.
Section 5. Court Docket and other lawful fees
Suppose the appellant has filed his memorandum and it is the appellee who failed to
When to pay? file his memorandum. What is the effect of such failure?
Within the period to file an appeal. Under paragraph [c], the case shall be submitted for decision without appellee’s
memorandum. And it does not necessarily mean that the appellee will lose the case by
To whom? not filing his memorandum because for all you know the decision of the lower court is
To the clerk of the court which rendered the judgment or final order appealed from. very clear, whether he files a memorandum or not.

NOTE: Payment is not a condition precedent for perfection of appeal but must Section 8.
nonetheless be paid within the period for taking appeal. Appeal from an order dismissing a case for lack of jurisdiction

Section 6. Duty of the Clerk of Court 1. If the dismissal in the MTC is made on the ground of lack of jurisdiction over the
Transmit the original record or the record on appeal, together with the transcripts and subject matter, and the RTC on appeal affirms the dismissal, the action of the
exhibits, which he shall certify as complete, to the proper Regional Trial Court within latter court, if it has jurisdiction, shall not be confined to a mere affirmation of the
fifteen (15) calendar days from the perfection of the appeal. dismissal if it has jurisdiction over the subject matter. Instead, the rule requires the
RTC to try the case on the merits as if the case was originally filed with it.
Section 7. Procedure in the RTC 2. If the case was tried on the merits by the lower court without jurisdiction over the
Duty of the RTC Clerk of Court subject matter, the RTC on appeal shall not dismiss the case if it has original
Notify the parties that it has received the complete record or the record on appeal jurisdiction thereof but shall decide the case in accordance with the Rules. The
court may, however, admit amended pleadings and additional evidence in the
Duty of the Appellant - within 15 days from such notice: interest of justice.
1. Submit a memorandum which shall briefly discuss the errors imputed to the MTC
2. Furnish a copy to the appellee
 RULE41 - APPEAL FROM THE REGIONAL TRIAL COURTS 4. Collateral Order Exception - The decision or order in this case determines a
matter collateral to the rights underlying the action, which is too important to be
Section 1. What may be the subject of appeal? denied review. The invocation of this exception necessarily depends upon finding
An appeal is available only from a judgment or a final order that completely disposes that the decision or order being appealed truly involves collateral matters and is a
of the case or of a particular matter therein when declared by the Rules to be final determination of those issues; and
appealable. 5. Where some Immediate Harm might occur to the appellant if review is postponed
because the trial court's determination is such that it necessarily requires some
Are all final orders appealable? immediate act or conduct by the parties that will be irremediable should the later
No. Only final orders that completely dispose of the case or of a particular matter review suggest that it was improperly ordered.
therein when so declared by the Rules are appealable.
Section 2. What are the three modes of appealing a judgment or final order of the
What orders or judgements may not be appealed from? RTC?
Section 1, Rule 41 Codal Provision There are three modes of appealing a judgment or final order of the RTC. It may
be through:
What is the remedy in those instances where the judgement or final order is not 1. An ordinary appeal (RULES OF COURT, Rule 41);
appealable?
2. A petition for review (RULES OF COURT, Rule 42); or
The aggrieved party may file the appropriate special civil action under Rule 65.
3. By petition for review on certiorari (Rule 45).
Final Judgment Rule
Under this doctrine, appeals are allowed only after all the issues involved in a Section 3. Period to appeal
particular lawsuit have been finally determined by the trial court. This limitation rests Rule Period To Appeal Extension Allowed
on the theory that piecemeal appeals are oppressive and costly, and that optimal
appellate review is achieved by the trial court. A decision that has acquired finality 40 Notice of appeal - within 15 Period to file notice of appeal may
becomes immutable and unalterable, and may no longer be modified in any respect, and days from notice of judgment not be extended.
even if the modification is meant to correct erroneous conclusions of fact and law, and 41 or of the denial of the appellant's a. Reason: It is very simple to prepare
MR/ MNT. a notice of appeal.
whether it be made by the court that rendered it or by the highest court of the land.
Habeas corpus - notice of appeal is b. Period to file a record on appeal
Exceptions to the Final Judgement Rule filed within 48 hours from notice of may be extended provided the motion
1. Nunc pro tunc entries which cause no prejudice to any party, void judgments, and judgment or denial of MR/ MNT. for extension thereof is filed within
whenever circumstances transpire after the finality of the decision which render the original 30-day period.
When a record on appeal is
its execution unjust and inequitable, (Land Bank of the Philippines v, Listana)
required- within 30 days from c. Reason: Preparation of the record
2. Statutory Exception. This is illustrated by a partial judgment or order rendered notice of judgment or of the denial on appeal may take time for it may
for or against one or more of several parties, or in separate claims, counterclaims, of the appellant's MR/ MNT. require compilation of voluminous
cross-claims and third-party complaints, while the main case is pending, if records.
allowed by the trial court; appeal as authorized under Section 1 of Rule 109:
42 Petition for review- within May be extended for 15 days upon
3. Discretionary Exception - This involves the Supreme Court's "plenary discretion 15 days from notice of the proper motion and the payment of the
to accept or re.use invocations of (its) appellate jurisdiction;" decision sought to be reviewed or full amount of the dockel and other
of denial of petitioner's MR/MNT lawful fees and deposit for costs
 Section 7. Approval of record
before the expiration of the original
15-day period. No further extension If the appeal is through a record on appeal:
shall be granted except for the most 1. File a record on appeal
compelling reasons and in no case to 2. If no objection is filed by the appellee within five days from receipt of a copy
exceed 15 days.
thereof, the trial court may:
a. Approve it as presented; or
Section 4. What is the nature of the payment of docket fees?
b. Upon its own motion or at the instance of the appellee, direct its amendment
Payment of docket fees and other lawful fees within the prescribed period is both
by the inclusion of any omitted matters which are deemed essential to the
mandatory and jurisdictional; non-compliance with which is fatal to an appeal. Without
determination of the issue of law or fact involved in the appeal
the payment of docket fees, the appeal is not perfected and the appellate court does not
acquire jurisdiction to entertain the appeal, thereby rendering the decision sought to be
If the trial court orders the amendment:
appealed final and executory. (Cu-Unjieng v. Court of Appeals)
If the trial court orders the amendment of the record, the appellant must redraft the
record within the time fixed by the order or if there is no time specified, within 10 days
Section 5. Notice of appeal shall:
from receipt thereof.
1. Indicate the parties to the appeal.
The amendment shall include such additional matters as the court may have directed
2. Specify the judgment or final order or part thereof appealed from. the appellant to incorporate in their proper chronological sequence. The appellant shall
3. Specify the court to which the appeal is being taken. submit the redrafted record for approval with notice to the appellee.
4. State the material dates showing the timeliness of the appeal (Material Data Rule)
Section 9. What is the effect of the perfection of appeal?
Even if no notice of appeal was filed, such defect may be disregarded if there was a Perfection of appeal has the following effects:
record on appeal duly filed, as the same is equivalent to a notice of appeal (Calo et al. 1. In appeals by notice of appeal, the court loses jurisdiction over the case upon the
v. CFI of Agusan). Hence, the failure to serve a copy of the notice of appeal to the perfection of the appeals filed in due time and the expiration of the time to appeal
adverse party who was, however, served with a copy of the record on appeal wherein of the other parties.
such notice of appeal is embodied, does not impair the right of appeal (Director of
Lands, et al. v. Reyes) 2. In appeals by record on appeal, the court loses jurisdiction only over the subject
matter thereof upon the approval of the record on appeal filed in due time and the
Section 6. expiration of the time to appeal by the other parties.
Record on appeal- a record of the case a quo prepared and filed by a party who intends
to take an appeal in cases of special proceedings, and in cases of multiple and separate Section 12. Transmittal
appeals. It is filed with the trial court for approval. It is to enable the appellate court to Documents to be transmitted to the appellate court by the clerk of court:
have a absis for deciding the appeal since the original records are still with the lower Sec12, Rule 41 Codal Provision
court.
Section 13. Dismissal of appeal
The record on appeal should include: The court will dismiss the appeal prior to the transmittal of the original record or the
The requirement that the record on appeal must show on its face that the appeal was record on appeal to the appellate court, the trial court may motu propio or on motion
perfected on time is mandatory and jurisdictional and, if not complied with, the dismiss the appeal for:
appellate court acquires no jurisdiction and the appeal must be dismissed (Araneta v. 1. Having been taken out of time; or
Madrigal & Co) 2. Non-payment of the docket and other lawful fees within the reglementary period.
It is held that the power of the trial court to disallow or disapprove a notice of appeal Section 3. Effect of failure to comply with requirements
filed late is expressly recognized by Section 13, Rule 41 of the Rules of Court; that it is Failure to comply with any of the requirements shall be sufficient ground for dismissal
the ministerial duty of the lower court to approve a notice of appeal filed on time. of the petition.
However, if the appeal is filed beyond the reglementary period, the trial court may
Note: Failure to append the pleadings and material portions of the record does not
exercise its power to refuse or disallow the same in accordance with Section 13, Rule
justify the outright dismissal of the petition. There was substantial compliance when
41 of the Rules of Court; that the filing of an appeal from an order denying a motion the pleadings were attached to the Motion for Reconsideration (Mendoza v. David)
for reconsideration is proscribed in Section 1, Rule 41 of the Rules of Court; and that
questions of fact are generally not permitted in petitions for certiorari under Rule 65 of Section 4. Action on the petition
the Rules of Court, the inquiry being limited to whether the public respondent acted Note: The court may also dismiss the petition for any of the grounds laid down in
without or in excess of its jurisdiction or with grave abuse of discretion. (Oro v. Diaz) Section 1 of Rule 50. The dismissal of an appeal under this Rule is discretionary upon
the appellate court (Mercury Drug Corp v. De Leon)

RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL Appeal is discretionary, the Court of Appeals may give its due course only when the
COURTS TO THE CA petition shows prima facie that the lower court has committed an error

Application Section 6. Due Course

Rule 42 applies to an appeal from the judgement or final order of the RTC to the a. It may accordingly be given due course to the petition.
Court of Appeals in cases decided by the former in the exercise of its appellate b. A petition for review is not a matter of right, but it is discretionary on the Court of
jurisdiction (Guzman vs Guzman) Appeals.
Petition for review is not a matter of right but discretionary on the CA. It may
Section 1. only give due course to the petition if it shows on its face (CA finds prima facie)
How is the appeal taken? that the lower court has committed an error of fact, and/or law that will warrant a
Codal Provision Sec.1, Rule 42 reversal or modification of the decision or judgment sought to be reviewed (ROC,
Rule 42, Sec. 6 in relation to B.P. Blg. 129, Sec. 22)
Extension of period
● Upon proper motion and payment of the full amount of the docket and other lawful Section 7. Elevation of record
fees and the deposit for costs before the expiration of the reglementary period, the It is merely discretionary on the CA to order elevation of the original records. This is
Court of Appeals may grant an Additional period of 15 days only within which to because the certified true copies of material portions of the record and other supporting
file the petition for review. papers are already attached to the comments of the parties (ROC, Rule 42, Sec. 5)
Duplicate originals or true copies of the judgments and final orders of both lower
○ GENERAL RULE: No further extension shall be granted.
courts are likewise already attached to the petition for review (ROC, Rule 42, Sec. 2)
○ EXCEPTION: There must be compelling reasons and in no case shall exceed
15 days. Section 8. Perfection of appeal - appeal is deemed perfected as to the petitioner upon
● An appeal from the decision of the Regional Trial Court, sitting as a Special the:
Agrarian Court, is made by way of Rule 42 of the Rules of Court (Landbank of the 1. Timely filing of the petition, and
Philippines v. Court of Appeals) 2. Payment of the corresponding docket and other lawful fees.

Section 2. Forms and Contents Jurisdiction of the Regional Trial Court

Effect of non-compliance with the requirements 1. The Regional Trial Court loses jurisdiction over the case upon the perfection of
An appealing party must comply with the requirements of the relevant rules, otherwise, appeals filed in due time and the expiration of the time to appeal of the other
he or she loses the statutory right to appeal. (Clarita Estrellado-Mainar v. People of the parties.
Philippines) 2. Residual Jurisdiction - before the Court of Appeals gives due course to the
petition, the Regional Trial Court, in its Residual Jurisdiction, may:
 a. Issue orders for the protection and preservation of the rights of the parties If you fail to follow the procedure in the QJA law, then your petition for review with
which do not involve any matter litigated by the appeal, approve the CA may be dismissed. (Cardona v Amansec, 2004)
corn-promises
b. Permit appeals of indigent litigants The following are covered:
c. Order execution pending appeal in accordance with Section 2, Rule 39, and 1. Office of the President (OP)
d. Allow the withdrawal of the appeal
2. Department of Agrarian Reform Adjudication Board (DARAB)
Effect of appeal 3. RTC acting as a commercial court
GENERAL RULE: The appeal shall stay the judgment or final order. 4. RTC acting as a special agrarian court
EXCEPTION(s): Civil cases decided under the Rules on Summary Procedure, the 5. Civil Service Commission (CSC)
appeal shall stay the judgment or final order unless the Court of Appeals, the law, or
6. Central Board of Assessment Appeals (CBAA)
the Rules provide otherwise
● Residual Power of the Regional Trial Court before the Court of Appeals gives 7. Securities and Exchange Commission (SEC)
due course to the petition is the same as in Section 9 of Rule 41. 8. Land Registration Authority (LRA)
9. Social Security Commission (SSC)
RULE 43 - APPEAL FROM THE CTA AND QUASI-JUDICIAL AGENCIES 10. Civil Aeronautics Board (CAB)
TO THE CA 11. Bureau of Patents, Trademarks and Technology Transfer (BPTTT)
12. National Electrification Administration (NEA)
RULE — IT SHALL APPLY TO APPEALS FROM AWARDS, JUDGMENTS, 13. Energy Regulatory Board (ERB)
FINAL ORDERS OR RESOLUTIONS OF ANY QUASI-JUDICIAL
14. National Telecommunications Commission (NTC)
AGENCY IN THE EXERCISE OF ITS QUASI-JUDICIAL FUNCTIONS
15. Government Service Insurance System (GSIS)
Appeals from judgments and final orders of quasi-judicial bodies/agencies enumerated 16. Employees Compensation Commission (ECC)
in Rule 43 are now required to be brought to the Court of Appeals under the 17. Agricultural Inventions Board (AIB)
requirements and conditions set forth in Rule 43.
18. Insurance Commission (IC)
This rule was adopted precisely to provide a uniform rule of appellate procedure from 19. Philippine Atomic Energy Commission (PAEC)
quasi-judicial bodies 20. Board of Investments (BOI)
21. Construction Industry Arbitration Commission (CIAC)
What about the Court of Tax Appeals?
22. Voluntary Arbitrators authorized by law (in labor disputes)
Rule is different now due to RA 9282, under that a party adversely affected by a
resolution of a Division of the CTA on a motion for reconsideration or new trial may 23. Ombudsman decisions or resolutions in administrative cases (except if the penalty
file a petition for review with the CTA en banc. imposed is merely public censure or reprimand, suspension of not more than one
(1) month's salary this is already final and unappealable, in this case the remedy is
Party adversely affected by a decision or ruling of the CTA en banc may file with the a Petition for Certiorari to the CA)
Supreme Court a verified petition for review on certiorari.
Note:
So if it’s the CTA, appeal to the en banc first, then appeal to SC, no need to go to the ● RTC acting as a special agrarian or commercial court is covered under Rule 43
CA anymore. and NOT Rule 40, it’s akin to a QJA in this case.
● Even though Rule 43 doesn’t apply to judgments or final orders issued under the
What are the covered Quasi-Judicial Agencies (QJAs)? Labor Code of the Philippines, if it’s a voluntary arbitrators in labor cases, you
The enumeration in Rule 43 of QJAs is NOT exclusive. It covers those as well as under can still go for Rule 43. (Royal Plant Workers Union vs Coca-Cola Bottlers)
not mentioned unless exempted by law. It’s imperative that you check the governing
law or charter of the QJA because it may prescribe a different mode of appeal.
QJAs with special rules where you can’t go straight to the CA or you can’t at all 4. A sworn certification against forum shopping as provided in the last paragraph of
under Rule 43: Section 2, Rule 42.
1. Housing and Land Use Regulatory Board (HLURB) — Not directly, must go 5. Specific material dates showing that it was filed within the period fixed
through the OP first before the CA
2. National Labor Relations Commission (NLRC) — Not under Rule 43, but go to PROCEDURE IN THE COURT OF APPEALS
the CA through a petition for certiorari under Rule 65 after filing an MR with the Same as in Rule 42.But note that the findings of fact of QJA, when supported by
NLRC substantial evidence, shall be binding on the CA.
Sec. 2 says that Rule 43 shall not apply to judgments or final orders issued under
the Labor Code of the Philippines EFFECT OF APPEAL
3. Provincial Agrarian Reform Adjudicator (PARAD)— must go through DARAB GENERALLY, an appeal from the QJA shall NOT stay the award, judgment, etc
first (Cardona v Amansec 2004) UNLESS the CA orders so.
4. CTA Division— It must be to the CTA En Banc, then SC directly.
Note: This is different with Rule 42. Rule 42 says that the appeal shall stay the
WHERE TO APPEAL; ISSUES TAKEN UP IN APPEAL decision unless it’s a civil case under summary procedure.
Petition for review from QJAs is the proper mode of appeal, regardless of the nature of
the question raised.
RULE 44 - ORDINARY APPEALED CASES
WHEN TO APPEAL
15 Days from notice of the award, judgment, final order or resolution, or from the date Completion of Record
of its last publication, if publication is required by law for its effectivity, or of the ● General Rule: The complete record is generally needed.
denial of petitioner's motion for new trial or reconsideration duly filed in accordance ● Except: If a complete record can not be procured due to insuperable or extremely
with the governing law of the court or agency a quo. Only one (1) motion for difficult cases.
reconsideration shall be allowed.
Periods for filing of Appeal Briefs:
HOW TO APPEAL; CONTENTS OF THE PETITION 1. Appellant’s brief — 45 days from receipt of notice that evidence was attached to
The manner of appealing is same as in Rule 42, but the difference in Rule 43 is that: record
1. You need to attach ALL certified true copies (as opposed to just copies in Rule 2. Appellee's brief — 45 days from receipt of appellant’s
42) 3. Apellant’s reply (not mandatory) — 20 days
This is because the court will not be able to verify the issued resolutions are
genuine because the records are not from the trial court. Procedure once the records are transmitted to the Court of Appeals:
2. You can be exempted from payment of docketing and other lawful fees and the 1. Docketing of the Case — Upon receiving the original record on appeal and the
deposit for costs upon a verified motion setting forth valid grounds accompanying documents transmitted by the lower court, as well as the proof of
payment of the docket and other lawful fees, the clerk of court of the Court of
CONTENTS OF THE PETITION FOR REVIEW Appeals shall docket the case and notify the parties.
1. The full names of the parties to the case, without impleading the court or agencies
2. Filing of Appellant's Brief — Within forty-five (45) days from receipt of the
either as petitioners or respondents;
notice of the clerk of court, the appellant shall file a brief with proof of service
2. Contain a concise statement of the facts and issues involved and the grounds
upon the appellee (Sec. 7, Rule 44)
relied upon for the review;
3. Clearly legible duplicate original or a certified true copy of the award, judgment, 3. Filing of Appellee’s Brief — Within forty-five days from the receipt of the
final order or resolution appealed from, together with certified true copies of such appellant’s brief, the appellee shall file his own brief with proof of service to the
material portions of the record referred to therein and other supporting papers; and appellant (Sec. 8, Rule 44)
4. Filing of Apellant’s Reply — Within twenty (20) days from receipt of the
Note: Everything must be a legible duplicate original or certified true copy, unlike in appellee’s brief, the appellant may file a reply brief answering points in the
Rule 42 where only the judgment is required such. appellee’s brief not covered in his main brief (Sec. 9)
Note: Only questions of law:
● In petitions for certiorari, prohibition, mandamus, quo warranto and habeas The third mode of appeal under Rule 45 of the Rules of Court is filed with the Court
corpus cases, briefs are not filed. only on questions of law. It is only where pure questions of law are raised or involved
Instead, the parties shall file their respective memoranda within a non- extendible can an appeal be brought to the Supreme Court via a petition for review on certiorari
period of thirty (30) days from receipt of the notice issued by the clerk that all the under Rule 45.
evidence are already attached to the record (Sec. 10, Rule 44)
● Extension of time for the filing of briefs will not be allowed, except for good and A question of law arises when there is doubt as to what the law is on a certain state of
sufficient cause and only if the motion for extension is filed before the expiration facts, while there is a question of fact when the doubt arises as to the truth or falsity of
of the time sought to be extended (Sec. 12, Rule 44) the alleged facts.

Other Questions that May Arise Based on Ordinary Appeal The test, therefore, is not the appellation given to a question by the party raising it, but
Rule: The appellant may include in his assignment of errors any question of fact or whether the appellate court can resolve the issue without examining or evaluating the
mixed questions of law and fact that has been raised in the court below and is within evidence, in which case, it is a question of law; otherwise, it is a question of fact. (Far
the issues framed by the parties. Eastern Surety vs. People)

However: Pure questions of law cannot be raised on ordinary appeal. That should be Not a Trier of facts:
raised to the SC via Rule 45, petition for review on certiorari The Supreme Court’s jurisdiction is limited to reviewing errors of law that may have
been committed by the lower court. The Supreme Court is not a trier of facts. It leaves
Also, the appellant may include any question of law or fact that has been raised in the these matters to the lower court, which has more opportunity and facilities to examine
lower court and which is within the issues framed by the parties. these matters. This same Court has declared that it is the policy of the Court to defer to
the factual findings of the trial judge, who has the advantage of directly observing the
Note: Doesn’t matter if he filed a Motion for New Trial or not. (Sec. 15, Rule 44) witnesses on the stand and to determine their demeanor whether they are telling or
distorting the truth. (Madrigal vs. CA)
RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME COURT
The rule in this jurisdiction is that only questions of law may be raised in a petition for
certiorari under Rule 45 of the Revised Rules of Court. "The jurisdiction of the
Appeal: Supreme Court in cases brought to it from the Court of Appeals is limited to reviewing
Final orders or resolutions of the CA in any case, regardless of the nature of the action and revising the errors of law imputed to it, its findings of fact being conclusive."
or proceeding involved, may be appealed to this Court through a petition for review. (Remalante v. Tibe)
This remedy is a continuation of the appellate process over the original case. Recourse
under Rule 65 cannot be allowed either as an add-on or as a substitute for appeal.
RULE 46 - ORIGINAL CASES
(Panganiban vs. Tara Trading Shipmanagement, Inc.)

Exceptions in availing rule 45 (Using rule 65) as the remedy to appeal by Original cases for the Court of Appeals are:
certiorari to the Supreme Court: 1. Certiorari
Nonetheless, there are exceptions to this rule, to wit: (a) when public welfare and the 2. Mandamus
advancement of public policy dictates; (b) when the broader interest of justice so 3. Prohibition
requires; (c) when the writs issued are null and void; or (d) when the questioned order 4. Quo warranto
amounts to an oppressive exercise of judicial authority. As will be shown forthwith,
exception (c) applies to the present case. (DAR vs. Berenguer) Contents of the petition
1. Full names and actual addresses of all petitioners and respondents;
Interruption in period to file the appeal: 2. Concise statement of the matters involved;
The period of appeal shall be interrupted by a timely motion for new trial or 3. Factual background of the case;
reconsideration. (Nunez vs GSIS Family Bank) 4. Grounds relied upon for the relief prayed for;
5. In actions filed under Rule 65, indicate the material dates showing:
 a. When notice of judgment or final order or resolution was received; Keep note: For petitions of mandamus the CA may receive evidence for damages
b. When a motion for new trial or reconsideration, if any, was filed;
c. When notice of denial thereof was received. What is the effect of failure to file a comment?
1. The case may be decided on the basis of the record
Requirements for filing the petitions 2. The CA deciding on the case shall be without prejudice to any disciplinary action
1. Filed in seven (7) legible copies, with proof of service on the respondent; which the court may take against the disobedient party
2. Accompanied by clearly legible duplicate original or certified true copy of the
judgment or final order or resolution; Keep note: Respondents cannot be declared in default when the CA is hearing cases
3. Certificate of non-forum shopping; under its original jurisdiction. However if the CA deems it necessary they may, for the
4. Payment of docket and other lawful fees; interest of substantial justice, require the respondent to submit a comment less they be
5. Deposit the amount of P500 held for indirect contempt.

Compliance is required except only for the most persuasive of reasons when they may
RULE 47 - ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
be relaxed.
RESOLUTIONS
The Court of Appeals cannot acquire jurisdiction over the subject matter unless docket
fees are paid. Failure to pay docket fees is a ground to dismiss the petition. Nature of the Rule
In Lopez vs. Esquivel (G.R. No. 168734, April 24, 2009), an action for annulment of
Neypes rule does not apply when the admin agency has its own rules of procedures judgment is a remedy in law independent of the case where the judgment sought to be
(Zapanta vs Co King Ki, G.R. No. 191694, December 3, 2014). annulled was rendered.

When is jurisdiction acquired? The purpose of such action is to have the final and executory judgment set aside so that
1. Over the petitioner – By filing of the petition there will be a renewal of litigation. It is resorted to in cases where the ordinary
2. Over the respondent – By service to him of its order or resolution indicating its remedies of new trial, appeal, petition for relief from judgment, or other appropriate
initial action on the petition or by his voluntary submission. remedies are no longer available through no fault of the petitioner, and is based on only
two grounds: extrinsic fraud, and lack of jurisdiction or denial of due process.
Keep note: No summons or similar processes are served to the respondent. The
respondents response to the petition will depend on the initial action of the court. For What are the cases covered by Rule 47?
certiorari, a copy of the petition must be served directly to the party and not to the Section 1 of Rule 47 provides that the rule shall govern the annulment by the Court of
counsel. Unless permitted by the court for proper reasons. Appeals of judgments or final orders and resolutions in civil actions of Regional Trial
Courts for which the ordinary remedies are no longer available through no fault of the
What actions may the court take? petitioner, and those remedies are:
1. Dismiss the petition outright with specific reasons for such dismissal; 1. New trial
2. Require the respondent to file a comment on the same within 10 days from notice. 2. Appeal
● The only pleading required by the court shall be allowed. All other pleadings 3. Petition for relief or
and papers may be filed only with leave of court. 4. Other appropriate remedies

When is hearing necessary? This means that the judgments, final order, and resolution came from the Regional
It is necessary when there are factual issues to be resolved. Trial Court. Having stated that such judgments are in civil action, this will mean that
Rule 47 will not cover Judgments, final orders and resolutions in criminal actions of
Conduct of hearing (where necessary) the Regional Trial Court.
1. By the Court of Appeals itself
2. Delegation by the CA of the reception of evidence on such issues to any of its In Llamas vs. Court of Appeals (G.R. No. 149588. September 29, 2009), the remedy
members or to an appropriate court, agency, or office. A sitting judge may be of annulment of judgment cannot be availed of in criminal cases. Section 1, Rule 47
delegated to receive evidence for hearings of original actions. provides that this Rule shall govern the annulment by the Court of Appeals of
judgments or final orders and resolutions in civil actions of Regional Trial Courts for In Lopez vs. Esquivel (G.R. No. 168734, April 24, 2009), a person need not be a
which the ordinary remedies of new trial, appeal, petition for relief or other appropriate party to the judgment sought to be annulled, and it is only essential that he can prove
remedies are no longer available through no fault of the petitioner. his allegation that the judgment was obtained by the use of fraud and collusion and he
would be adversely affected thereby. An action to annul a final judgment on the ground
In Sps. Arcena vs. Queen City Development Bank (G.R. No. 166819, June 16, of fraud lies only if the fraud is extrinsic or collateral in character. Fraud is regarded as
2010), Section 1 of Rule 47 provides that Rule 47 does not allow a direct recourse to a extrinsic where it prevents a party from having a trial or from presenting his entire case
petition for annulment of judgment if other appropriate remedies are available, such as to the court, or where it operates upon matters pertaining not to the judgment itself but
a petition for new trial, appeal or a petition for relief. If petitioner fails to avail of these to the manner in which it is procured.
remedies without sufficient justification, she cannot resort to the action for annulment
of judgment under Rule 47, for otherwise, she would benefit from her inaction or When is the period for filing an action?
negligence. Section 3 of Rule 47 provides the period for filing the action, and those are the
following:
In Genato Investments, Inc. vs. Barrientos (Gr. No. 207433, July 23, 2014), the 1. If the ground is for extrinsic fraud, then the period for filing the action will be 4
general rule is that a final and executory judgment can no longer be disturbed, altered, years from discovery.
or modified in any respect, and that nothing further can be done but to execute it. A 2. If the ground is for lack of jurisdiction, then the period for filing the action will be
final and executory decision may, however, be invalidated via a Petition for Relief or a before it is barred by laches or estoppel.
Petition to Annul the same under Rules 38 or 47, respectively, of the Rules of Court.
In Orbeta vs. Sendiong (G.R. No. 155236, July 8, 2005), Res Judicata is not a bar to
What are the grounds for annulment? an action for annulment of the judgment sought to be annulled. To begin with, it is the
Section 2 of Rule 47 provides that the annulment may be based only on the grounds of: height of sophistry to argue that res judicata would bar a petition for annulment of
1. Extrinsic fraud judgment whose, as in this case, prior judgment happens to be that which is sought to
2. Lack of jurisdiction be annulled. The petition for annulment of judgment precisely challenges the validity
of the "first judgment," and to adopt petitioners’ argument would lead to permanent
In Bulawan vs. Aquende (G.R. No. 182819, June 22, 2011), in a petition for preclusion of annulment of judgment as a remedy. Significantly, the reverse is true for
annulment of judgment, the judgment may be annulled on the grounds of extrinsic the rationale underlying annulment of judgment is incongruent with the concept of res
fraud and lack of jurisdiction. Fraud is extrinsic where it prevents a party from having judicata.
a trial or from presenting his entire case to the court, or where it operates upon matters
pertaining not to the judgment itself but to the manner in which it is procured. The When will the action for annulment of judgment commence?
overriding consideration when extrinsic fraud is alleged is that the fraudulent Section 4 par. 1 of Rule 47 states that the action shall be commenced by filing a
scheme of the prevailing litigant prevented a party from having his day in court. verified petition alleging therein with particularity the facts and the law relied upon for
On the other hand, lack of jurisdiction refers to either lack of jurisdiction over the annulment, as well as those supporting the petitioner's good and substantial cause of
person of the defending party or over the subject matter of the claim, and in either action or defense, as the case may be.
case the judgment or final order and resolution are void. Where the questioned
judgment is annulled, either on the ground of extrinsic fraud or lack of What are the contents for the petition?
jurisdiction, the same shall be set aside and considered void. Section 4 par. 2 of Rule 47 provides the contents of the petition are the following:
1. Verified petition, alleging therein:
In Diona vs. Balague, et. al. (G.R. 173559. January 7, 2009) while under Section 2, a. With particularity the facts and the law relied upon
Rule 47 of the Rules of Court a Petition for Annulment of Judgment may be based only b. Petitioner’s good and substantial cause of action or defense
on the grounds of extrinsic fraud and lack of jurisdiction, jurisprudence recognizes lack
of due process as additional ground to annul a judgment. The court held, citing 2. In 7 clearly legible copies, together with sufficient copies corresponding to the
Arcelona v. Court of Appeals (G.R. 102900, October 2, 1997), this Court declared number of respondents
that a final and executory judgment may still be set aside if, upon mere inspection
thereof, its patent nullity can be shown for having been issued without jurisdiction or 3. Certified true copy of the judgment or final order or resolution shall be attached to
for lack of due process of law. the original copy of the petition intended for the court and indicated as such by
the petitioner
4. Affidavits of witnesses or documents supporting the cause of action or defense PROCEDURE (Section 6)
(The petitioner shall also submit together with the petition affidavits of witnesses The procedure in ordinary civil case shall be observed.
or documents supporting the cause of action or defense) ; and a. Preliminary evaluation of the merits;
b. Service of summons
5. Certificate of non-forum shopping (a sworn certification that he has not
theretofore commenced any other action involving the same issues in the Supreme An action for annulment may be availed of even if the decision has been fully
Court, the Court of Appeals or different divisions thereof, or any other tribunal or implemented. In such case, the Court may either order either restitution or payment of
agency if there is such other action or proceeding, he must state the status of the damages.
same, and if he should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or different However, an action for annulment will not stay execution of judgment. Unless
divisions thereof, or any other tribunal or agency, he undertakes to promptly accompanied by a Temporary Restraining Order (TRO).
inform the aforesaid courts and other tribunal or agency thereof within five (5)
days therefrom). EFFECT OF JUDGMENT (Section 7)
Lack of Jurisdiction:
What will be the action of the court? a) Over the subject matter- refile original action to the proper court.
Section 5 of Rule 47 of the Rules of Court provides the action of the court will be the b) Person of the defendant - refiled in the same court provided that jurisdiction
following: over the person is properly acquired.
1. Should the court find no substantial merit in the petition, the same may be
dismissed outright with specific reasons for such dismissal. Extrinsic Fraud - upon motion, the court may order a new trial.

2. Should prima facie merit be found in the petition, the same shall be given due PRESCRIPTIVE PERIOD (Section 8)
course and summons shall be served on the respondent. ● General rule: the annulment of judgment can be filed within the prescriptive
period because the filing of original action tolls the running of said period.
In Alaban v. Court of Appeals (G.R. No. 156021, September 23, 2005), as parties to ● Exception: If the ground is based on extrinsic fraud and it is attributable to the
the probate proceedings, petitioners could have validly availed of the remedies of plaintiff/petitioner.
motion for new trial or reconsideration and petition for relief from judgment. In fact,
petitioners filed a motion to reopen, which is essentially a motion for new trial, with RELIEFS AVAILABLE (Section 9)
petitioners praying for the reopening of the case and the setting of further proceedings. Orders of restitution or reparation of damages may be issued by the trial court where
However, the motion was denied for having been filed out of time, long after the the EXECUTED judgment is reversed totally or partially.
Decision became final and executory. Conceding that petitioners became aware of the
Decision after it had become final, they could have still filed a petition for relief from Remember that Rule 47 may be availed of even if the judgment has been fully
judgment after the denial of their motion to reopen. Petitioners claim that they learned executed. If restitution is no longer feasible, the court may order compensation.
of the Decision only on 4 October 2001, or almost four (4) months from the time the
Decision had attained finality. But they failed to avail of the remedy. For failure to ANNULMENT OF JUDGMENTS OF FINAL ORDERS OF MUNICIPAL
make use without sufficient justification of the said remedies available to them, TRIAL COURTS (Section 10)
petitioners could no longer resort to a petition for annulment of judgment; otherwise, Shall be filed in the RTC having jurisdiction over said trial court.
they would benefit from their own inaction or negligence.
RULE 48 - PRELIMINARY CONFERENCE
In Ceruila vs. Delantar (G.R. No. 140305, December 9, 2005), The function of a
petition for annulment of judgment, under Rule 47 of the Rules of Court, is not to
replace the trial court's decision sought to be annulled. The function is merely for the
RULE 49 - ORAL ARGUMENT
annulment of the RTC Decision on grounds of extrinsic fraud and lack of jurisdiction,
nothing more. The Rules do not allow the CA to resolve the merits of the petition for
the amendment and cancellation of the birth certificate of Rosilyn or to substitute its
own findings thereon.
 Withdrawal of appeal
RULE 50 - DISMISSAL OF APPEAL
Section 3, Rule 50
1. An appeal may be withdrawn as a matter of right at any time before the filing of
GROUNDS FOR THE DISMISSAL OF APPEAL the appellee ’ s brief
2. Thereafter, the withdrawal may be allowed in the discretion of the court
1. Failure of the record on appeal to show on its face that the appeal was taken
within the period fixed by the Rules of Court
2. Failure to file the notice of appeal or the record on appeal within the period RULE 51 - JUDGMENT
prescribed by the ROC
● Notice of AppealWithin 15 days after notice to the appellant of the judgment When Case deemed submitted for judgment?
or final order appealed from. 1. In ordinary appeals
● Where a record on appeal is required, the appellant shall file a notice of a. if no hearing is required, filing of last pleading, brief, memorandum
appeal and a record on appeal within 30 days after notice of the judgment or b. if hearing is required, upon termination, last pleading, or expiration period
final order. for its filing
3. Failure of the appellant to pay the docket and other lawful fees as provided in Sec. 2. Original actions/petition for review
4, Rule 41 a. no comment filed, upon expiration to file comment
● Within the period for taking an appeal, the appellant shall pay to the clerk of b. no hearing is held, upon filing of last required pleading, or expiration of
the court which rendered the judgment or final order appealed from, the full period to file
amount of the appellate court docket and other lawful fees. Proof of payment c. hearing is held, upon termination, filing of last pleading or expiration of
of said fees shall be transmitted to the appellate court together with the which
original record or the record on appeal.
4. Unauthorized alterations, omissions or additions in the approved record on appeal By whom?
as provided in Sec. 4 of Rule 44 Members of the court who participated in the deliberation of merits before its
assignment to a member for writing of the decision.
5. Failure of the appellant to serve and file the required number of copies of his brief
or memorandum within the time provided by the ROC How is Quorum and Voting Conducted?
6. Absence of specific assignment of errors in the appellant’s brief, or of page Deliberation 3 Justices
references to the record as required in Sec. 13(a), (c), (d) and (f) of Rule 44
7. Failure of the appellant to take the necessary steps for the correction or Voting and Judgment Unanimous vote--- judgment/final order
completion of the record within the time limited by the court in its order; not unanimous---
● Clerk enters vote of dissenting judge
8. Failure of the appellant to appear at the preliminary conference under Rule 48 or ● Chairman refers minutes of
to comply with orders, circulars, or directives of the court without justifiable deliberation to Presiding Justice
cause ● Presiding Judge, designates 2
9. The fact that order or judgment appealed from is not appealable additional justices to deliberate
● Majority vote for judgment
10. Appeal under Rule 41 taken from the RTC to the CA raising only questions of law
11. Appeal by notice of appeal instead of by petition for review from the appellate
judgment of a RTC Form of Decision
State clearly and distinctly findings of facts and conclusions of law
Other Grounds:
1. By agreement of the parties (Example: amicable settlement) Harmless error
2. Where appealed case has become moot or academic No error in either the admission or the exclusion of evidence and no error or defect in
3. Where appeal is frivolous or dilatory any ruling or order or in anything done or omitted by the trial court or by any of the
parties is ground for granting a new trial or for setting aside, modifying, or otherwise Section 1 of the Resolution No. 38, Series of 2006, which states that “no more than one
disturbing a judgment or order, unless refusal to take such action appears to the court motion for reconsideration by each party shall be entertained.”
inconsistent with substantial justice. The court at every stage of the proceeding must
disregard any error or defect which does not affect the substantial rights of the parties. Is there an exception to the rule?
Yes. A second Motion for Reconsideration is a prohibited pleading, however, this may
Questions that may be decided be allowed in the Supreme Court. This can only be entertained before the ruling sought
No error which does not affect jurisdiction over the subject matter will be considered. to be reconsidered becomes final by operation of law or by the Court's declaration.

Promulgation and Notice of Judgment What are the requisites of a second motion for reconsideration?
After it has been signed by Justices, it shall be delivered to the clerk of court to indicate a. Can only be granted in the higher interest of justice
the date of promulgation, and copies of which be served upon parties. b. To be granted only by the Court en banc
c. Upon a vote of at least ⅔ of its actual membership
Entry of Judgment d. Filed before the ruling sought to be reconsidered becomes final by operation of
If no appeal or MR within time is provided, judgment or final resolution must be law or by the Court’s declaration
entered by the clerk in the book of entries of judgment. Date when it becomes
executory shall be the date of entry. Record shall contain: What is the meaning of “in the higher interest of justice”?
● Dispositive part There is reconsideration in the higher interest of justice when the assailed decision is
● Signature of clerk not only legally erroneous, but is likewise patently unjust and potentially capable of
● Certificate that it has become final and executory causing unwarranted and immediate injury or damage to the parties.

Execution Section 3. Resolution of motion.

● Unless immediately executory, motion for execution may only in proper court be In the Court of Appeals, a motion for reconsideration shall be resolved within ninety
filed after entry (90) days from the date when the court declares it submitted for resolution.
● In original action in CA, its writ of execution should be accompanied with
● This time limit applies only to MR in the CA. It does not apply to MR in SC,
Certified True Copy of judgment and addressed to appropriate officer
pursuant to the exception in Section 2, (b), Rule 56.
● In an appealed case, where a motion pending appeal is filed in CA, resolution
shall be transmitted to court of origin ,accompanied with a certified true copy of ● Section 2, Rule 52 contemplates a situation where a second motion for
judgment to be executed, and directive to issue writ of enforcement. reconsideration is filed by the same party assailing the same judgment or final
resolution. The period to file an appeal should be reckoned not from the denial of
her motion for reconsideration of the original decision, but from the date
RULE 52 - MOTION FOR RECONSIDERATION practitioner's receipt of the notice of denial of her motion for reconsideration from
the Amended Decision (Cristobal v Philippine Airline, G.R. No. 201622,
Section 1. Period for filing. October 4, 2017)
A party may file a motion for reconsideration of a judgment or final resolution within
fifteen (15) days from notice thereof, with proof of service on the adverse party. Section 4. Stay of execution.
The rule now also requires the service of the motion to the adverse party. The pendency of a motion for reconsideration filed on time and by the proper party
shall stay the execution of the judgment or final resolution sought to be reconsidered
Section 2. Second Motion for Reconsideration. unless the court, for good reasons, shall otherwise direct.
No second motion for reconsideration of a judgment or final resolution by the same
party shall be entertained. What happens when a judgment of the CA is the object of a motion for
reconsideration? What happens to the execution?
Can one file more than one motion for reconsideration? It is stayed meaning, it is not yet final unless the court for good reasons shall otherwise
No. The general rule is that a second motion for reconsideration of a final judgment by direct like when there is a good ground to execute pending appeal.
the same party shall not be considered. This provision is also encompassed in Rule 23,
● General Rule - it shall stay the execution of the judgment or final resolution Rule 37 wherein trial courts are only afforded with thirty (30) days from the time of
sought to be reconsidered submission to resolve the motion.
● Exception - unless the court, for good reasons, shall otherwise direct.
It is worth noting that if the court grants the application for a new trial, the original
CASE: judgment or final order will be vacated, and the case will be tried again . Likewise,
Gonzalez III vs Office of the President of The Philippines the evidence taken upon the former trial shall be used at the new trial without
Grounds – Whenever allowable, a motion for reconsideration or reinvestigation may retaking the same if the evidence is material and competent pursuant to Section 6,
only be entertained if filed within ten (10) days from receipt of the decision or order by Rule 37 of the Rules of Court.
the party on the basis of any of the following grounds: a) New evidence had been
discovered which materially affects the order, directive or decision; Grave Grave errors
RULE 54 - INTERNAL BUSINESS
of facts or laws or serious irregularities have been committed prejudicial to the interest
of the movant.
RULE 55 - PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS
RULE 53 - DISMISSAL OF ACTIONS

RULE 56 - ORIGINAL & APPEALED CASES

When can a New Trial be filed?
Section 1, Rule 53 states that it may be filed at any time after the perfection of the
appeal from the lower court and before the Court of Appeals loses jurisdiction. This Original Cases cognizable by the Supreme Court (Rule 56, Sec. 1):
may be done only on the ground of a newly-discovered evidence. In contrast with the 1. Petitions under Rule 65 for Certiorari, Prohibition or Mandamus;
procedure in the lower court wherein new trial may be granted due to fraud, accident,
2. Quo warranto;
mistake, or excusable negligence which materially impairs substantial rights of the
parties; aside on the ground of newly discovered evidence (Rule 37, Rules of Court). 3. Habeas corpus;
4. Habeas data;
As discussed by the Supreme Court in the cases of Ybiernas vs. Tanco-Gabaldon (G.R. 5. Writ of amparo;
No. 178925), Tadeja vs. People (G.R. No. 145336), and Cansino vs. Court of Appeals
6. Disciplinary proceeding against members of the judiciary and attorneys; and
(G.R. No. 125799), the grant or denial of a new trial is addressed to the sound
discretion of the court which cannot be interfered with and it must be shown that the 7. Cases affecting ambassadors, other public ministers, and consuls
newly-discovered evidence:
Note: Even constitutionality of a law, treaty, ordinance, tax imposition, executive
a. That evidence was discovered after trial;
orders are originally cognizable by the Supreme Court. (Constitution, Article 8)
b. That such evidence could not have been discovered and produced at the trial
even with the exercise of reasonable diligence; In the case of Firestone Ceramics, Inc. v. Court of Appeals, these are the instances
c. That it is material, not merely cumulative, corroborative, or impeaching; and; when the Supreme Court treats a case En Banc:
d. The evidence is of such weight that it would probably change the judgment if ● Cases in which the constitutionality or validity of any treaty, international or
admitted . executive agreement, law, executive order, or presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question;
Section 2 The Court of Appeals will consider the new evidence in conjunction with ● Criminal cases in which the appealed decision imposes the death penalty;
the evidence presented at the trial in the lower courts. The Court of Appeals may
● Cases raising novel questions of law;
grant or deny new trial through giving notice to both parties; and further order taking
of testimony, submission of depositions, or render other judgment as ought to be ● Cases affecting ambassadors, other public ministers and consuls;
rendered in the interest of justice. ● Cases involving decisions, resolutions or orders of the Civil Service Commission,
Commission on Elections, and Commission on Audit;
Section 3 The motion shall be resolved within ninety (90) days from the date when
the court declares it submitted for resolution; in comparison with the provisions of
● Cases in which the constitutionality or validity of any treaty, international or ● Cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, executive order, or presidential decree, proclamation, executive agreement, law, executive order, or presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question; order, instruction, ordinance, or regulation is in question;
● Criminal cases in which the appealed decision imposes the death penalty; ● Criminal cases in which the appealed decision imposes the death penalty;
● Cases raising novel questions of law; ● Cases raising novel questions of law;
● Cases affecting ambassadors, other public ministers and consuls; or ● Cases affecting ambassadors, other public ministers and consuls; or
● Cases involving decisions, resolutions or orders of the Civil Service Commission, ● Cases involving decisions, resolutions or orders of the Civil Service Commission,
Commission on Elections, and Commission on Audit; Commission on Elections, and Commission on Audit;

Procedure of Original Cases cognizable by the Supreme Court (Rule 56, Sec. 2): Procedure of Appealed Cases cognizable by the Supreme Court (Rule 56, Sec. 4):
1. Rule 48 (Preliminary conference); 1. Rule 48 (Prelim Conference);
2. Rule 49 (Oral arguments); 2. Rule 51 (Judgment);
3. Rule 51 (Judgment); and 3. Rule 52 (MR);
4. Rule 52 (MR)
Note: No oral arguments in appealed cases are made.
Note: The Supreme Court cannot conduct a New Trial under Rule 53. The Supreme
Court is not a Trier of Facts (Navarra vs. CA). However, in the interest of justice, it can Grounds for Dismissal of Appeal (Rule 56, Sec. 5):
annul the decision of the CA based on Rule 47. 1. Failure to take the appeal within the reglementary period;
2. Lack of merit in the petition;
Appealed Cases cognizable by the Supreme Court (Rule 56, Sec. 3):
3. Failure to pay the requisite docket fee and other lawful fees or to make a deposit
MODE OF APPEAL = Petition for Review on Certiorari under Rule 45
for costs;
Note: Except in criminal cases where penalty imposed is death, reclusion perpetua, or 4. Failure to comply with the requirements regarding proof of service and contents
life imprisonment = Automatic Review of and the documents which should accompany the petition;
5. Failure to comply with any circular, directive, or order of the Supreme Court
In the case of Triumph International v. Apostol and Opulencia, instances when the without justifiable cause;
Supreme Court may review findings of fact of the Court of Appeals on appeal by 6. Error in the choice or mode of appeal;
certiorari:
7. The fact that the case is not appealable to the Supreme Court.
As a general rule, petitions for review under Rule 45 of the Rules of Civil Procedure
Note: Dismissal of appeal may be motu proprio or on motion of respondent.
filed before this Court may only raise questions of law. However, jurisprudence has
recognized several exceptions to this rule.
Disposition of Improper Appeal (Rule 56, Sec. 6):
● Cases in which the constitutionality or validity of any treaty, international or
● Improper Appeal - is when the mode of appeal is correct but, the issues raised
executive agreement, law, executive order, or presidential decree, proclamation,
cannot be resolved by the court. (SC is not a trier of facts)
order, instruction, ordinance, or regulation is in question;
● Erroneous Appeal - is when the mode of appeal is wrong. (Notice of Appeal to
● Criminal cases in which the appealed decision imposes the death penalty;
SC instead of petition for review on certiorari)
● Cases raising novel questions of law;
● Effects:
● Cases affecting ambassadors, other public ministers and consuls;
1. Improper Appeal = Remand case to CA or Dismiss Appeal
● Cases involving decisions, resolutions or orders of the Civil Service Commission,
2. Erroneous Appeal = Dismiss the appealed case outright
Commission on Elections, and Commission on Audit;
Procedure if Opinion is Equally Divided (Rule 56, Sec. 7): Contents of the order of attachment
When Supreme Court en banc is equally divided in opinion and no majority decision 1. Require the sheriff of the court to attach so much of the property in the
can be made: Philippines of the party against whom it is issued.
1. If case filed is an ORIGINAL ACTION, it will be dismissed; 2. Fix the amount of deposit or bond, which may be the
2. If case filed is APPEALED CASE, the judgment or order appealed from shall a. Amount sufficient to satisfy the applicant’s demand or
stand;
b. Value of the property to be attached as stated by the applicant, exclusive of
3. If it is an INCIDENTAL MATTER, the petition or motion for it shall be denied. costs.

RULE 57 - PRELIMINARY ATTACHMENT Section 3 - Affidavit and Bond required

Attachment proceedings are In rem or at least quasi in rem also when the action is in
personam it will be converted to Quasi In rem, once there is an attachment. The
Attachment is the provisional when a property of an adverse party is taken under legal duration of attachment is determined by the court proceedings.
custody by commencement of action or at any time thereafter. A security for
satisfaction of judgement. The affidavit must contain :
1. Cause of Action,
Section 1
2. That action provided for under Section 1 Rule 57,
Grounds for Issuance
3. That there is no other forms of security,
1. For the recovery when the cause of action is against a party who is about to depart
from the Philippines with intent to defraud creditors. 4. That the amount due and demandable is the sum of the order granted.
2. Entrusted to any other person in a fiduciary capacity, or for a willful violation of General rule: The sheriff is not allowed to make a levy on attachment if such levy is
duty. not made with prior or contemporaneous service of the following:
3. To recover possession of property unjustly or fraudulently taken, by the applicant 1. Service of summons
or an authorized person. 2. Copy of the complaint
4. A party who is guilty of fraud in contracting the debt or incurring the obligation 3. Application for attachment
upon which the action is brought.
4. Applicant’s affidavit and bond, and
5. Against a party who has the intent to defraud the creditors
5. Order for writ of attachment
6. Against who is not in the Ph and not a resident thereof , or on whom summons
may be served by publication. Exceptions: Levy on attachment would be justified even without prior or
contemporaneous summons under the following circumstances:
Summons can be served thru:
1. Summons could not be served personally or by substituted service despite diligent
1. Served to the defendants that the identity or whereabouts are unknown. efforts, or
2. Served to the defendants who does not reside and is not found in the Philippines, 2. Defendant is a resident of the Philippines temporarily absent therefrom,
and the action:
3. Defendant is a non-resident of the Philippines, or
Affects the personal status of the plaintiff, Real property in the Philippines such as
claims/ lien and as a relief sought that the property attached is in the country. 4. The action is in rem or quasi in rem.
3. Served to entities not registered but has transactions in the Ph. Manner of attaching real and personal property
● General rule: The sheriff enforcing the writ shall without delay and with all
Section 2 - Issuance and Contents of Order reasonable diligence attach, to await judgment and execution in the action, only so
Requisites for the Order of Attachment much of the property in the Philippines of the party against whom the writ is
1. The applicant, must file an affidavit as they know the true facts therein. issued, not exempt from execution, as may be sufficient to satisfy the applicant’s
2. The person filing shall post a bond against the adverse party to be determined by demand. The sheriff is precluded from attaching any property exempt from
court. execution.
● Exception: The sheriff shall not enforce the writ if the adverse party makes a
● After such examination of the debtor of the defendant, the rule allows the court to
deposit with the court from which the writ is issued, or gives a counter-bond
order personal property capable of manual delivery belonging to the defendant, in
executed to the applicant, in an amount equal to the bond fixed by the court in the
the possession of the person so required to attend before the court, to be delivered
order of attachment or to the value of the property to be attached, exclusive of
to the clerk of the Court.
costs.
Section 11. When attached property may be sold after levy on attachment and
Principle of Seniority of Liens
before entry of judgment.
The property attached by the judgment creditor had previously been mortgaged, the
When the property is:
judgment creditor’s lien is inferior to that of the mortgagee which must first be satisfied
in the event of foreclosure. In reality, what was attached by the judgment creditor was 1. perishable or the interests of all the parties or
merely the judgment debtor’s right or equity of redemption which is the right of the 2. the interests of all the parties to the action necessitate the sale.
mortgagor to redeem the mortgaged property after his default in the performance of the
conditions of the mortgage but before the sale of the property. Section 12. Discharge of attachment upon giving counter-bond.
Procedure
Property in custodia legis 1. The party whose property has been attached, or the person appearing on this
Property legally attached is property in custodia legis and cannot be interfered without behalf may file a motion to discharge the attachment
the permission of the proper court. But this is confined to cases where the property
belongs to the defendant or one in which the defendant has proprietary interest. 2. Such a party may either:
a. Give cash deposit with the court from which the writ was issued; or
Section 8. Effect of attachment of debts, credits, and all other similar property. b. Give a counter-bound executed to the attaching party.
● There is liability to the applicant for the amount of such credits, debts or other 3. Notice of deposit shall be served on the attaching party.
similar property.
4. After notice and hearing, the court shall order discharge of the attachment. (Sec.
● Liability shall accrue from the time of service upon him of the copy of the writ of 12, Rule 57)
attachment and until the attachment is discharged, or any judgment recovered by
● The attachment is totally discharged = if the cash deposit or counter-bond
him is satisfied.
is in an amount equal to the demand as fixed in the order of attachment.
Exception: UNLESS such property is delivered or transferred, or such debts are
paid, to the clerk, sheriff, or other proper officer of the court issuing the ● Attachment is considered partially discharged = if the cash deposit or
attachment. counter-bond is equal to the value of the said property.

Section 9. Effect of attachment of interests in property belonging to the estate of a Section 13. Discharge of attachment on other grounds.
decedent. ● Additional grounds for the discharge of attachment:
Such shall not impair the powers of the executor, administrator, or other personal a. improper or irregular enforcement of the writ and
representative of the decedent over such property for the purpose of administration. b. insufficiency/excessiveness of the bond, in which case the discharge shall be
limited to the excess.
Section 10. Examination of party whose property is attached, and persons indebted to
him or controlling his property, delivery of property to sheriff. ● When can it be done?
Before or after any property has been levied on, or even after property has been
● Indebtedness is admitted = the payment of the money by the garnishee to the released from a levy on attachment through the cash deposit or counter-bond
judgement creditor or to the court brings the proceedings to a close, so far as the under Rule 57 Section 12.
garnishee is concerned.
● Is due notice and hearing necessary?
● When a garnishee fails to answer or does not admit his indebtedness = Yes. When the attachment is challenged for having been illegally or improperly
garnishee may be required to attend before the court in which the action is issued, there must be due notice and hearing with the attaching creditor having the
pending to be examined in oath respecting the same. burden of proof to sustain the writ.
 Section 17: recovery upon the counter-bond.
● When is an attachment considered improperly or irregularly issued?
When the judgment has become executory, the surety or sureties on any counter-bond
a. When the complaint states no cause of action. given pursuant to the provisions of this Rule to secure the payment of the judgment
b. When at the hearing, the attaching creditor fails to prove the ground on shall become charged on such counter-bond and bound to pay the judgment obligee
which the attachment was based. upon demand the amount due under the judgment, which amount may be recovered
c. The allegations of the complaint have been deceptively framed. form such surety or sureties after notice and summary hearing in the same action.
d. When the plaintiff's affidavit and bond are not in accordance with Sections 3
Section 18: disposition of money deposited
and 4 of Rule 57.
When the party against whom attachment had been issued deposited money instead
of giving counterbond?
Section 14. Proceedings where property claimed by third person.
Where the party against whom attachment had been issued has deposited money
● GR: Only properties belonging to the debtor can be attached, and an attachment instead of giving counter bond, it shall be applied under the direction of the court to the
and sale of properties belonging to a third party are void. satisfaction of any judgment rendered in favor of the attaching party, and after
● When can a third-party claim be filed? It can be filed with the sheriff while he satisfying the judgment, the balance shall be refunded to the depositor his assignee.
has possession of the properties levied upon, this being the only time limit fixed
for the purpose. Section 19: Disposition of attached property where judgment is for party against
whom attachment was issued.
● What is the purpose of the bond filed by the attaching party? The bond shall If judgment be rendered against the attaching party, all the proceeds of sales and money
answer for the damage suffered by the third-party claimant for the taking or collected or received by the sheriff, under the order of attachment, and all property
keeping of the attached property. attached remaining in any such officer's hands, shall be delivered to the party against
whom attachment was issued, and the order of attachment discharged.
Section 15: satisfaction of judgment out of property attached
If judgment is in favor of the attaching party and execution has issued thereon, the Section 20: Wrongful Attachment
sheriff may cause the judgment to be satisfied out of the property attached, if it be
sufficient for that purpose, in the following manners: ● Consequences when attaching creditor fails to sustain his action and judgment
was rendered against the attaching creditor?The one whose property was
1. Payment to judgment obligee the proceeds of all sales of perishable or other
attached can claim for account of improper, irregular or excessive attachment.
property in pursuance of the order of the court or so much necessary to satisfy the
judgment; ● Requisites under Sec. 20 in order to claim for damages against the bond:
2. If any balance remains, selling so much of the property, real or personal, as may 1. The application for damages must be filed in the same case where the bond
be necessary to satisfy the judgment; was issued;
3. Collecting from all persons having possession of credits belonging to the 2. Such application must be filed before entry of judgment; and
judgment obligor or debts belonging to the latter at the time of the attachment and
paying the proceeds to judgment obligee; and 3. After hearing with notice to the attaching party and his surety
4. Ordinary execution. ● The case of Excellent Quality Apparel vs. Visayan Surety provides that due
When the property attached is not sufficient to satisfy the judgment? notice to the adverse party and its surety setting forth the facts supporting the
Any balance shall remain due and the sheriff must proceed to collect such balance as applicant’s right to damages and the amount thereof under the bond is
upon ordinary execution. indispensable. The surety should be given an opportunity to be heard as to the
reality or reasonableness of the damages resulting from the wrongful issuance of
Section 16: Balance due collected upon an execution; excess delivered to judgment the writ, in the absence of due notice to the surety, no judgment may be entered
obligor and executed against it.
When there is excess after applying the proceeds thereof?
Whenever judgment has been paid off, the sheriff, upon reasonable demand, must ● Application for damages
return to the judgment obligor the attached property remaining in his hands, and any The claim for damages sustained for improper, irregular or excessive attachment
proceeds of the sale of the property attached not applied to the judgment. can be filed:
 1. Before the trial; ● Application for Damages
2. Before appeal is perfected; or
1. Even if judgment was rendered against the attaching creditor but he proves
3. Before the judgment becomes executory.
that he acted in good faith procuring the writ of preliminary attachment, the
● Hearing adverse party cannot recover on the attachment bond, except on actual
Damages may be rewarded only after proper hearing and shall be included in the damages.
judgment in the main case. 2. Application for damages must be made by:
a. Counterclaim in the answer; or
● Appellate Decision in favor of party against whom attachment was issued
b. By motion in the same action
○ If the case is on appeal and the judgment of the appellate court is favorable
to the party against whom the attachment was issued: He must claim 3. The application for damages must be filed before:
damages sustained during pendency of appeal before the appellate court. a. The trial court;
○ There should be a notice to the attaching party and his surety before b. Before the appeal from the judgment therein is perfected;
judgment of the appellate court becomes executory. The surety is given c. Before such judgment becomes executory.
notice in order to afford it an opportunity to be heard on the matter. It may
4. The application should include all damages sustained by reason of the
be heard by the trial court.
attachment during the pendency of the case.
● To secure a contingent lien
● Action for Claims for Damages
The case of Excellent Quality Apparel vs. Visayan Surety states that, the chief
purpose of the remedy of attachment is to secure contingent lien on defendant’s ○ GR: Claims for damages cannot be made subject of an independent action.
property until plaintiff can, by appropriate proceedings, obtain a judgment. Under ○ EXCEPTION:
no circumstance, whatsoever, can the garnished funds or attached properties,
under the custody of the sheriff or the clerk of court, be released to the attaching 1. Where the principal case was dismissed for lack of jurisdiction by the
party before the promulgation of judgment. trial court without giving an opportunity to the party whose property
was attached to apply for and prove his claim for damages.
○ Nothing in Section 20 shall prevent the aggrieved party from recovering in
2. Where the damages by reason of the attachment was sustained by a
the same action the damages awarded to him from any property of the
third person who was not a party to the action wherein such writ was
attaching obligee not exempt from execution should the bond or deposit
issued.
given by the attaching obligee be insufficient or fail to satisfy the award.

● As an auxiliary remedy RULE 58 - PRELIMINARY INJUNCTION

Attachment is an auxiliary remedy and cannot have an independent existence
apart from the main suit or claim instituted by the plaintiff against the defendants.
Preliminary Injunction
Being merely ancillary to a principal proceeding, the attachment must fail if the
● It is an order granted at any stage of an action or proceeding prior to the judgment
suit itself cannot be maintained as the purpose of the writ can no longer be
or final order, requiring a party or a court, agency or a person to refrain from a
justified.
particular act or acts. It may also require the performance of a particular act or
○ The doctrine of the case Sps. Olib and Roberta R. Olib v. Hon. Edelwina C. acts, in which case it shall be known as a preliminary mandatory injunction.
Pastoral provides that the consequence is that where the main action is
● Issued by the court to prevent threatened or continuous irreparable injury to
appealed, the attachment which may have been issued as an incident of that
parties before their claims can be thoroughly studied and adjudicated and during
action, is also considered appealed and so also removed from the jurisdiction
the pendency of an action.
of the court a quo. The attachment itself cannot be the subject of a separate
case independent of the principal action because the attachment was only an ● The sole objective of a writ of preliminary injunction is to preserve the status quo
incident of such action. until the merit of the case can be heard fully. Thus, the power to issue the writ
"should be exercised sparingly, with utmost care, and with great caution and
deliberation”.
Who may grant a writ of preliminary injunction Grounds for the issuance of a preliminary injunction
● it may be granted by the court where the action or proceeding is pending. If the 1. That the applicant is entitled to the relief demanded, and the whole or part of such
action or proceeding is pending in the Court of Appeals or in the Supreme Court, relief consists in restraining the commission or continuance of the act or acts
it may be issued by said court or any member thereof complained of, or in requiring the performance of an act or acts either for a
limited period or perpetually;
● In the Municipal Trial Courts (MTC/MeTC/MCTC), provided that the main
action is within its jurisdiction, an inferior court can appoint a receiver and it has 2. That the commission, continuance or non-performance of the act or acts
jurisdiction to issue a writ of preliminary injunction in either forcible entry or complained of during the litigation would probably work injustice to the
unlawful detainer cases applicant; or
● For Regional Trial Courts, the issuance of a writ of injunction is only enforceable 3. That a party, court, agency or a person is doing, threatening, or is attempting to
within their respective regions. do, or is procuring or suffering to be done some act or acts probably in violation
of the rights of the applicant respecting the subject of the action or proceeding,
Doctrine of Judicial Stability or Non-interference and tending to render the judgment ineffectual.
● General Rule:
Procedure For Issuance of Writ of Preliminary Injunction and TRO
No court has the power to interfere by injunction with the judgments or decrees of
a court of concurrent or coordinate jurisdiction. 1. The application in the action or proceeding is verified, and shows facts entitling
the applicant to the relief demanded; and
● Exception:
a judge in charge of a branch of a trial court has jurisdiction to issue a 2. Unless exempted by the court the applicant files with the court where the action or
preliminary injunction in a case pending in that branch notwithstanding the fact proceeding is pending, a bond executed to the party or person enjoined, in an
that a similar injunction had been denied by another judge in another branch of amount to be fixed by the court. Upon approval of the requisite bond, a writ of
the court, and in the absence of gross abuse of discretion, the injunction granted preliminary injunction shall be issued.
will not be interfered with by certiorari.
3. When an application for a writ of preliminary injunction or a temporary
restraining order is included in a complaint or any initiatory pleading, the case, if
What Must be Proven for a Writ of Preliminary Injunction to Issue?
filed in a multiple-sala court, shall be raffled only after notice to and in the
In the case of Calawag v University of Visayas, the following requisites must be
presence of the adverse party or the person to be enjoined. In any event, such
proved before a writ of preliminary injunction, be it mandatory or prohibitory, will
notice shall be preceded, or contemporaneously accompanied, by service of
issue:
summons, together with a copy of the complaint or initiatory pleading and the
1. The applicant must have a clear and unmistakable right to be protected, that is a applicant's affidavit and bond, upon the adverse party in the Philippines.
right in esse; (Clear and Unmistakable Right meaning it is one clearly founded in
However, where the summons could not be served personally or by substituted
or granted by law or is enforceable as a matter of law.)
service despite diligent efforts, or the adverse party is a resident of the Philippines
2. There is a material and substantial invasion of such right; temporarily absent therefrom or is a nonresident thereof, the requirement of prior
or contemporaneous service of summons shall not apply.
3. There is an urgent need for the writ to prevent irreparable injury to the applicant
(injury is considered irreparable if it is of such constant and frequent recurrence 4. The application for a temporary restraining order shall thereafter be acted upon
that no fair or reasonable redress can be had therefore in court or law or where only after all parties are heard in a summary hearing which shall be conducted
there is no standard by which their amount can be measured with reasonable within twenty-four (24) hours after the sheriff's return of service and/or the
accuracy) records are received by the branch selected by raffle and to which the records
shall be transmitted immediately.
Prima facie evidence is needed or an applicant for a writ is required only to show that
he has an ostensible right to the final relief prayed for in his complaint. Ex-Parte Issuance of a Writ of Preliminary Injunction
Not allowed. Sec. 5 of Rule 58 provides that no preliminary injunction shall be granted
without hearing and prior notice to the party or person sought to be enjoined.
Ex-Parte Issuance of a Temporary Restraining Order (TRO)
RULE 59 - RECEIVERSHIP
● General Rule: No. An application for a TRO shall be acted upon only after all
parties are heard in a summary hearing which shall be conducted 24 hours after
RECEIVERSHIP
sheriff's return of service or after the records are received by the branch selected
a proceeding in which the court appoints a person, who is called a receiver, for the
by raffle and to which the records shall be transmitted immediately.
purpose of preserving and conserving properties in litigation, and to prevent its
● Exceptions: possible destruction or dissipation
When great or irreparable injury would result to the applicant. If the matter is of
extreme urgency the applicant will suffer grave injustice and irreparable injury. OBJECTIVE
to protect and preserve the rights of the parties during the pendency of the main action
Lifetime of a TRO or appeal, or to aid in the execution of a judgment when the writ of execution has been
● A TRO issued by the executive judge of a multiple-sala court and the presiding returned unsatisfied
judge of a single-sala court in cases of extreme urgency shall be effective only for
a period of seventy-two (72) hours from its issuance. NATURE
not an action in itself, rather an auxiliary remedy and a mere incident in a suit
● A TRO issued by a trial court is effective only for a period of twenty (20) days
from service on the party or person to be enjoined. INSTANCES WHEN A RECEIVER MAY BE APPOINTED
● A TRO issued by the Court of Appeals or a member thereof is effective for a 1. when it appears that the party applying for the appointment of a receiver has an
period of sixty (60) days from service on the party or person to be enjoined. interest in the property or fund which is the subject of the action or proceeding,
● A TRO issued by the Supreme Court or a member thereof shall be effective "until and that such property is in danger of being lost, removed, or materially injured;
further orders." 2. when it appears in an action for the foreclosure of a mortgage that the property is
● The effectivity of a TRO is not extendible. However, a TRO may be renewed or in danger of being wasted or materially injured, or that the value is insufficient to
extended on a ground different from the one on which it was first issued. discharge the mortgage;
● The efficacy of a temporary restraining order is non- extendible and the courts 3. when it is to preserve the property during the pendency of an appeal, or to dispose
have no discretion to extend the same considering the mandatory tenor of the of it according to the judgment, or to aid execution; and
Rule. However, there is no reason to prevent a court from extending the 20-day 4. whenever it appears that the appointment of a receiver is the most convenient and
period when the parties themselves ask for such extension or for the maintenance feasible means of preserving, administering, or disposing of the property in
of the status quo. (Federation of Land Reform Farmers of the Phils. V. CA, G.R. litigation
88384, July 14, 1995)
WHEN PROPER
Grounds for Objecting or Dissolving an Injunction or Restraining Order The guiding principle for resorting to receivership is the prevention of imminent danger
1. Upon a showing of its insufficiency. to the property. If an action, by its nature, does not require such protection or
2. On other grounds upon affidavit of the party or person enjoined. preservation, receivership cannot be applied for and granted.
3. If the issuance or continuance thereof would cause irreparable damage to the party
or person enjoined. REQUISITES BEFORE THE REMEDY MAY BE AVAILED OF
If it appears that the extent of the preliminary injunction or restraining order is too 1. that the application for receivership must be based on the grounds under Sec. 1;
great, it may be modified. (S6, R58)
2. that the properties being placed under receivership are those involved in litigation;
Grant of Final Injunction 3. that the plaintiff must not be in the actual possession of the property being placed
A final injunction is granted if after the trial of the action it appears that the applicant is under receivership; and
entitled to have the act or acts complained of permanently enjoined. The final
4. that the rights of the parties must not depend on the pending determination of
injunction shall perpetually restrain the party or person enjoined from the commission
adverse claims of legal title to real property, and one party is in possession
or continuance of the act or acts or confirm the preliminary mandatory injunction.
 CASE DOCTRINES
APPOINTMENT IS DISCRETIONARY 1. Tantano v. Espino-Caboverde (G.R. No. 203585, 29 July 2013)
The appointment of a receiver rests in the discretion of the court. As such, the order
appointing or denying the appointment of a receiver pendente lite will not be disturbed The power to appoint a receiver is a delicate one and should be exercised with
on appeal, unless there has been a clear abuse. extreme caution and only under circumstances requiring summary relief or where
the court is satisfied that there is imminent danger of loss, lest the injury thereby
INSTANCES WHEN APPOINTMENT MAY BE DENIED caused be far greater than the injury sought to be averted.
1. when the appointment sought or granted is without sufficient cause (Sec. 3);
The court should consider the consequences to all parties and the power should
2. when the adverse party files a counterbond to answer for damages;
not be exercised when it is likely to produce irreparable injustice or injury to
3. when the applicant’s bond is insufficient (Rule 59, Sec. 5); or private rights or the facts demonstrate that the appointment will injure the
4. when the receiver’s bond is insufficient interests of others whose rights are entitled to as much consideration from the
court as those of the complainant.
GENERAL POWERS OF A RECEIVER (Section 6 of Rule 59)
1. to bring and defend actions in his own name in his capacity as receiver; 2. Republic v. Saludares (G.R. No. 111174, 9 March 2000)
2. to take and keep possession of the property that is the subject of the controversy;
The Court noted the relationship between attachment and receivership, on one
3. to receive rents; hand, and sequestration, freeze order and provisional takeover on the other. The
4. to collect debts due to himself as receiver, or to the fund, property, estate, person, latter are ancillary remedies in prosecuting the ill-gotten wealth of the previous
or corporation of which he is the receiver; Marcos regime.
5. to compound for and compromise the same;
The Court observed that sequestration, freezing and provisional takeover are akin
6. to make transfers;
to the provisional remedy of preliminary attachment or receivership.
7. to pay outstanding debts;
8. to divide the money and other property that shall remain among the persons 3. Vivares v. Reyes (G.R. No. 155408, 13 February 2008)
legally entitled to receive the same;
9. generally, to do such acts respecting the property as the court may authorize; and While the CA made a statement that the trial court should have discharged the
lastly, appointed receiver on the basis of the proposed counterbond, such opinion does
not jibe with the import of Sec. 3, Rule 59. The rule states that the "application
10. to invest funds in his hands, only by order of the court, and upon the written
may be denied or the receiver discharged."
consent of all the parties.
In statutory construction, the word "may" has always been construed as
TERMINATION OF RECEIVERSHIP
permissive. If the intent is to make it mandatory or ministerial for the trial court to
Whenever the court, motu proprio or on motion of either party, shall determine that the
order the recall of the receiver upon the offer to post a counterbond, then the court
necessity for a receiver no longer exists, the court, before terminating the receivership,
should have used the word "shall." Thus, the trial court has to consider the posting
shall (Section 8 of Rule 59):
of the counterbond in addition to other reasons presented by the offeror why the
1. settle the accounts of the receiver; receivership has to be set aside.
2. direct the delivery of the funds, and other property in his possession to the person
adjudged to be entitled to receive them; 4. Citibank v. CA (G.R. No. 61508, 17 March 1999)
3. order the discharge of the receiver from further duty; and finally,
The Court of Appeals was correct in finding that the requirements of Section 5,
4. allow the receiver such reasonable compensation, as the circumstances of the case
Rule 59 on receivership were not complied with by the petitioner, particularly the
warrant.
filing or posting of a bond and the taking of an oath.
 Consequently, the trial court erred in allowing the petitioner to assume What are the ESSENTIAL REQUISITES of Replevin?
receivership over the machine shop of private respondent without requiring the 1. Sworn Affidavit executed by the applicant or some other persons who personally
appointed receiver to take an oath. know the fact alleging the essential allegations as stated in Section 2, a to d.

5. Normandy v. Duque (G.R. No. L-25407, 29 August 1969) The affidavit shall show:
a. That the applicant is the owner of the property claimed, particularly describing
A receiver is a representative of the court appointed for the purpose of preserving it, or is entitled to the possession thereof;
and conserving the property in litigation and preventing its possible destruction or b. That the property is wrongfully detained by the adverse party, alleging the
dissipation if it were left in the possession of any of the parties. The receiver is cause of detention thereof according to the best of his knowledge,
not the representative of any of the parties but of all of them to the end that their information, and belief;
interests may be equally protected with the least possible inconvenience and c. That the property has not been distrained or taken for a tax assessment or a
expense. fine pursuant to law, or seized under a writ of execution or preliminary
attachment, or otherwise placed under custodia legis, or if so seized, that it is
It is inherent in the office of a receiver not only that he should act at all times with exempt from such seizure or custody; and
the diligence and prudence of a good father of a family but should also not incur d. The actual market value of the property. [Sec. 2, Rule 60]
any obligation or expenditure without leave of the court and it is the responsibility
of the court to supervise the receiver and see to it that he adheres to the above 2. The applicant must post a replevin bond which is double the value of the property.
standard of his trust and limits the expenses of the receivership to the minimum. That is to guarantee the return to the adverse party in case the return is adjudged
and for the damages caused by the unlawful replevin.

RULE 60 - REPLEVIN
Return of Property, if the adverse party

DEFINITION OBJECTS to the sufficiency of the DOES NOT OBJECT to the sufficiency of
Replevin is an action whereby the owner or person entitled to repossession of goods or applicant’s bond or surety/ies? the applicant’s bond or surety/ies?
chattels may recover those goods or chattels from one who has wrongfully distrained or
taken, or who wrongfully detains such goods or chattels. It is designed to permit one He cannot immediately require the He may, at any time before the delivery of
having right to possession to recover property in specie from one who has wrongfully return of the property, but he may, at the property to the applicant, require the
taken or detained the property. The term may refer either to the action itself, for the any time before the delivery of the return of thereof, by:
recovery of personalty, or to the provisional remedy traditionally associated with it, by property to the applicant, require the
which possession of the property may be obtained by the plaintiff and retained during return thereof. [Sec. 5, Rule 60] Redelivery bond
the pendency of the action. (Smart Communications v. Astorga) File a bond with the court where the action is
pending. Such shall be:
It is the provisional remedy seeking for the possession of the property prior to the a. Executed to the applicant,
determination of the main action for replevin. [BA Finance Corp. v. CA, G.R. No. b. In double the value of the property as
102998 (1996)] stated in the applicant’s affidavit
c. Conditions
It may also be a main action with the ultimate goal of recovering personal property 1. The delivery thereof to the applicant,
capable of manual delivery wrongfully detained by a person. In this sense, it is a suit in if such delivery be adjudged, and
itself. [BA Finance Corp. v. CA, G.R. No. 102998 (1996)] 2. The payment of such sum to him as
may be recovered against the adverse
When is the provisional remedy of replevin issued? party, and by serving a copy of such
A party praying for the recovery of possession of personal property may, at the bond on the applicant. [Sec. 5, Rule
commencement of the action or at any time before answer, apply for an order for the 60]
delivery of such property to him. [Sec. 1, Rule 60]
What are the Sheriff’s duties in the implementation of the writ of Replevin? Unless the applicant or his agent, on demand of said sheriff, shall file a bond
approved by the court to indemnify the third-party claimant in a sum not less than the
1. Upon receiving the order, the sheriff must
value of the property under replevin as provided in Sec. 2, Rule 60.
a. Serve a copy thereof on the adverse party, together with a copy of the
● No claim for damages for the taking or keeping of the property may be enforced
application, affidavit and bond, and
against the bond unless the action therefore is filed within 120 days from the date
b. Forthwith take the property, if it be in the possession of the adverse party, or of the filing of the bond.
his agent, and retain it in his custody.
2. If the property or any part thereof be concealed in a building or enclosure, the Note: In case of disagreement as to such value, the court shall determine the same.
sheriff must:
How is JUDGMENT made on the writ of Replevin?
a. Demand its delivery, and Based on Section 9 of Rule 60, after trial of the issues, the court shall determine who
b. If it will not be delivered, he must cause the building or enclosure to be has the right of possession to and the value of the property and shall render judgment
broken open and take the property into his possession. for the delivery of:
3. After the sheriff has taken possession of the property, he must: a. The property itself to the party entitled to the same, or
b. Its value in case delivery cannot be made, and
a. Keep it in a secure place and
c. For such damages as either party may prove, with costs.
b. Shall be responsible for its delivery to the party entitled thereto upon
receiving his fees and necessary expenses for taking and keeping the same. What are the requirements in order to recover damages on an applicant’s bond?
In the case of DBP v. Carpio, G.R. No. 195450 (2017), the requirements are:
When is the property delivered to the applicant?
The property shall be delivered to the applicant, a. The defendant claimant has secured a favorable judgment in the main action,
meaning that the plaintiff has no cause of action and was not entitled to the
1. If within 5 days after the taking of the property by the sheriff, the adverse party replevin;
does not object to the sufficiency of a. the bond, or b. of the surety or sureties
thereon; or b. The application for damages, showing claimant’s right thereto and the amount
thereof, be filed in the same action before trial or before appeal is perfected or
2. If the adverse party so objects and the court affirms its approval of the applicant’s before the judgment becomes executory;
bond or approves a new bond, or
c. Due notice be given to the other party and his surety or sureties, notice to the
3. If the adverse party requires the return of the property but his bond (redelivery principal not being sufficient;
bond) is objected to and found insufficient and he does not forthwith file an
approved bond. d. A proper hearing and the award for damages should be included in the final
judgment.
Note: If for any reason the property is not delivered to the applicant, the sheriff must
return it to the adverse party. [Sec. 6, Rule 60] REPLEVIN PRELIMINARY ATTACHMENT

What happens if the property is claimed by a third party? The purpose is to recover personal The purpose is to have the property put
If the property taken is claimed by any person other than the party against whom the property capable of manual delivery in the custody of the court to secure the
writ of replevin had been issued or his agent, the sheriff shall not be bound to keep the from the defendant [1 Regalado 753, satisfaction of the judgment that may be
property under replevin or deliver it to the applicant if: 2010 Ed.] rendered in favor of the plaintiff [Sec. 1]
1. The third party makes an affidavit of his title or right to the possession
The property either belongs to the The property does not belong to the
2. Stating the grounds therefor, and plaintiff or one over which the plaintiff plaintiff but to the defendant [1 Regalado
3. Serves such affidavit upon the sheriff while he has possession of the property and has a right of possession [Sec. 2] 753, 2010 Ed.]
a copy thereof upon the applicant.
 Remedy if the application is denied
May be sought only when the principal Available even if recovery of property is
Since Support Pendente Lite is an interlocutory order. The proper remedy is a special
action is for the recovery of personal only incidental to the relief sought [1
civil action for certiorari under Rule 65.
property [1 Regalado 753, 2010 Ed.] Regalado 753, 2010 Ed.]
How is support enforced?
Can be sought only when the defendant May be resorted to even if property is in
is in actual or constructive possession of possession of a third person [1 Regalado 1. By ordering the adverse party to pay support pendente lite
the property [1 Regalado 753, 2010 Ed.] 753, 2010 Ed.] 2. If the adverse party refuses, by issuing an order of execution
3. If he still refuses and a third person furnishes the support. The third person may
Cannot be availed of when property is in Can be availed of when property is in obtain a writ of execution against the adverse party.
custodia legis [Montesa v. Manila custodia legis [Sec. 7, Rule 57]
Cordage. G.R. L-44537 (1978)] Effects of Dismissal of action for Support Pendente Lite
If any amount was unjustifiable received by the recipient as support for Pende Lite. the
Available before defendant answers [Sec. Available from commencement but recipient must restitute the amount plus legal interest from the date of actual payment
1, Rule 60] before entry of judgment [Sec. 1] without prejudice to the right of the recipient to obtain reimbursement in a separate
action.
Bond is double the value of the property Bond is fixed by the court [Sec. 4, Rule
[Sec. 2(d), Rule 60] 57] Case Doctrines
1. Calderon v Roxas
The remedy against an interlocutory order not subject of an appeal is an
RULE 61 - SUPPORT PENDENTE LITE
appropriate special civil action under Rule 65 provided that the interlocutory
order is rendered with gadlej. Having chosen the wrong remedy in questioning the
Support Pendente Lite subject interlocutory orders of the RTC, petitioner's appeal was correctly
It is defined as an ancillary remedy which may be availed of by a party during the dismissed by the CA.
pendency of an action. Another common definition is it is an amount adjudicated by a
2. Mangonon v Court of Appeals
trial court during the pendency of an action for support.
The Supreme Court deems it proper to award support pendente lite in arrears to be
computed from the time they entered college until they had finished their
When is Pendente Lite Available?
respective studies. Because of the pendency of this case, the support is no longer
1. In an action for support needed for the college education of the children.
2. In criminal actions where the civil liability included support of the offspring as a
3. Lam v Chua
consequence for the criminal action
A common fund for the benefit of the child is not a defense for the dismissal of a
3. In an action for legal separation where one of the reliefs sought is support. suit for Support Pendente Lite

Where can an Action for Pendente Lite be Filed? 4. Reyes v Ines-Luciano

It can be applied for in the proper action or proceeding in the trial court. By filing an Adultery is a valid defense against Support Pendente Lite.
application stating the grounds for the claim and the financial conditions of both
parties. Accompanied by the said affidavits, depositions or other authentic documents. RULE 62 - INTERPLEADER

How is the amount of support determined?

The court shall fix the amount of money to be provisionally paid. The court shall take Interpleader
into account the applicant and the resources or means of the adverse party and the It is a special civil action filed by a party against whom two (2) or more conflicting
terms of payment or mode for providing support. In the determination for the amount claims are made upon the same subject matter and over which, such party claims no
of support, it is not necessary to go into the merits of the case. interest whatever, or if he or she hasi interest therein, it is one which is not disputed by
the claimants in whole or in part. (Salazar, 2021)
Under Section 1, Rule 62 of the Rules of Court, an interpleader is proper whenever Motion to Dismiss
conflicting claims upon the same subject matter are or may be made against a person As provided by the Rules of Court, a party may file a motion to dismiss within the
who claims no interest whatever in the subject matter, or an interest which in whole or period to file an answer but only based on the following grounds:
in part is not disputed by the claimants, he may bring an action against the conflicting 1. Litis pendentia;
claimants to compel them to interplead and litigate their several claims among
2. Res judicata;
themselves.
3. That the court has no jurisdiction over the subject matter;
An example of when an interpleader may be filed is, say A is a lessee of a condo unit. 4. Statute of limitations; and
A pays his rentals to B. However, C also claims that he is the owner of the said condo
unit. In this case, A can file an interpleader to determine who is entitled to the rentals. 5. Impropriety of interpleader

Purpose of an Interpleader As discussed under ordinary civil actions, the first four grounds mentioned are also
● An action for an interpleader is brought against another party to compel them to considered as an affirmative defense.
litigate their claims among themselves. (Salazar, 2021)
Impropriety of Interpleader
● Such party may institute an action for an interpleader to ask the court that he may There is an impropriety of the interpleader when the action does not satisfy the
be relieved from the suit or any liability arising thereto. requirements of an interpleader. (Salazar, 2021)
● In the case of Ocampo v. Tirona, the Supreme Court emphasized that an An example of which is when the claims do not involve the same subject matter or
interpleader is an action not to extinguish the obligation per se of the plaintiff but when the issues involved are not conflicting.
to aid him in performing his obligation to the right claimant. The reason being,
payment to the wrong claimant will not be considered as a valid payment, and Declaring a Claimant in Default
therefore, the obligation will not be extinguished. A claimant is declared in default when he or she fails to file the answer within the
prescribed period.
Jurisdiction
The jurisdiction over an action for an interpleader depends on the subject matter. For a claimant to be declared in default, the other conflicting claimant shall file a
motion to declare such claimant in default. The provision, specifically Section 5, Rule
1. If the claim involves personal property, the value of the claim shall determine 62, expressly provides so. Hence, the court cannot motu proprio declare a claimant in
which court has jurisdiction. default. Thereafter, when a claimant has been declared by the court in default,
2. If the claim involves real property, the assessed value of the said property shall judgment shall be rendered barring him or her from any claim in respect to the subject
determine which court has jurisdiction. matter.

3. If the claim involves an obligation which is incapable of pecuniary estimation, Judgment

the jurisdiction shall be with the Regional Trial Court. After the pleadings of the conflicting claimants have been filed, and pre-trial has been
conducted in accordance with the Rules, the court shall proceed to determine their
Answer and Other Pleadings respective rights and adjudicate their several claims. (Section 6, Rule 62, Rules of
Under Section 5, Rule 62 of the Rules of Court, the conflicting claimants shall file their Court)
respective answers within fifteen (15) days reckoned from the receipt of the summons.
The parties in an interpleader action may also file counterclaims, cross-claims, Fees
third-party complaints and other responsive pleadings as provided by the Rules. The docket and other lawful fees paid by the party who filed a complaint under this
Rule, as well as the costs and litigation expenses, shall constitute a lien or charge upon
Effect of Filing of a Motion to Dismiss the subject matter of the action, unless the court shall order otherwise. (Section 7, Rule
The fifteen-day period above-mentioned is tolled by the filing of a motion to dismiss. 62, Rules of Court)
However, if the said motion was denied, the movant may file his answer within the
remaining period to which he was originally entitled to be reckoned from the notice of
the denial of the motion. Such period shall not be less than five (5) days. (Salazar,
2021)
 Furthermore, the same Rule provides that the following shall also be notified and
RULE 63 - DECLARATORY RELIEF AND SIMILAR REMEDIES
entitled to be heard:
1. Solicitor General
Declaratory Relief
Declaratory Relief is an action by any person whose right is affected by a deed, will, a. Where the action involves the validity of a statute, executive order or
contract or other written instrument, executive order or resolution, ordinance, or any regulation, or any other governmental regulation (Sec. 3); or
other governmental regulation. b. Where the unconstitutionality of a local government ordinance is alleged
(Sec. 4)
According to Rule 63, Section 1 of the Rules of Court, an action for the reformation of 2. Local government unit prosecutor or attorney, where the action involves the
an instrument, to quiet title to real property or remove clouds therefrom, or to validity of a local government ordinance. (Sec. 4).
consolidate ownership under Article 1607 of the Civil Code, may be brought under this
Rule. Under this Rule, the instrument which is the evidence of the contract is the one Purpose
being reformed so that it may reflect the true intentions of the parties as they agreed In the case of Tambunting, Jr., vs. Sps. Sumabat, the purpose of the action is to secure
upon (Salazar, 2021). an authoritative statement of the rights and obligations of the parties under a statute,
deed, contract, etc., for their guidance in its enforcement or compliance and not to
According to the same Rule, the action must be commenced before violation or breach settle issues arising from its alleged breach.
of the deed, will, contract, or other written instrument, executive order or resolution,
ordinance, or any other governmental regulation. It is a form of action that will set In addition, the purpose of this is to determine any question of construction or validity
controversies at rest before they lead to a repudiation of obligations, an invasion of arising from a deed, will, contract or other written instrument, executive order or
rights, and a commission of wrongs. (Aquino vs. Municipality of Malay, Aklan,, G.R. resolution, ordinance or any other governmental regulation, and for the declaration of
No. 211356, 2014) rights or duties thereunder (Salazar, 2021).
In the case of Monetary Board vs. Philippine Veterans bank, the Court ruled that Requisites of an Action for Declaratory Relief
decisions of quasi-judicial agencies cannot be subjects of a petition for declaratory In the case of Almeda vs. Bathala Marketing, the Court laid down the requisites of an
relief for the simple reason that if a party is not agreeable to a decision either on action for Declaratory Relief which are as follows:
questions of law or of fact, it may avail of the various remedies provided by the Rules
of Court. Hence, the decision of the BSP Monetary Board cannot be a proper subject 1. the subject matter of the controversy must be a deed, will, contract or other
matter for a petition for declaratory relief since it was issued by the BSP Monetary written instrument, statute, executive order or regulation, or ordinance;
Board in the exercise of its quasi-judicial powers or functions. The only issue that may 2. the terms of said documents and the validity thereof are doubtful and require
be raised in such a petition is the question of construction or validity of provisions in an judicial construction;
instrument or statute. 3. there must have been no breach of the documents in question;
4. there must be an actual justiciable controversy or the "ripening seeds" of one
Parties between persons whose interests are adverse;
If the subject matter is a deed, will, contract or other written instrument, any person
interested in the same may file the petition; or if the subject matter is a statute, 5. the issue must be ripe for judicial determination; and
executive order or regulation, ordinance, or any other governmental regulation, any 6. adequate relief is not available through other means or other forms of action or
person whose rights are affected by the same may file the petition as provided in proceeding.
Section 1, Rule 63 of the Rules of Court.
Action by the Court
According to Section 2 of the same Rule, All persons who have or claim any interest According to Section 5, Rule 63 of the Rules of Court, the court, motu proprio or upon
which would be affected by the declaration shall be made parties; and no declaration motion, may refuse to exercise the power to declare rights and to construe instruments
shall, except as otherwise provided in these Rules, prejudice the rights of persons not in any case where a decision would not terminate the uncertainty or controversy which
parties to the action. gave rise to the action, or in any case where the declaration or construction is not
necessary and proper under the circumstances.
However, the court cannot exercise such discretion if the action involves reformation of
RULE 64 - REVIEW OF JUDGMENTS AND FINAL ORDERS OR
an instrument, to quiet title to real property or remove clouds therefrom, as provided in
RESOLUTIONS OF THE COMELEC AND COA
the same Rule.

Conversion to Ordinary Action WHEN MAY PETITION FOR CERTIORARI BE AVAILED OF

If before the final termination of the case, a breach or violation of an instrument or a ● Ejercito v. Commission on Elections, GR No. 212398 (2014)
statute, executive order or regulation, ordinance, or any other governmental regulation A special civil action for certiorari under Rule 64, in relation to Rule 65, is an
should take place, the action may thereupon be converted into an ordinary action, and independent action that is available only if there is no appeal or any other plain,
the parties shall be allowed to file such pleadings as may be necessary or proper, as speedy, and adequate remedy in the ordinary course of law.
provided in Section 5 Rule 63 of the Rules of Court.
● Abang Lingkod Party-List v. Commission on Election, GR No. 206952 (2013)
An action for declaratory relief presupposes that there has been no actual breach of the It is only when the petitioner has sufficiently shown that the Commission on
instruments involved or of the rights arising thereunder. It may be entertained before Elections (or the Commission on Audit) may have committed grave abuse of
the breach or violation of the statute, deed or contract to which it refers. It is a form of discretion amounting to lack or excess of jurisdiction that this Court should take
action that will set controversies at rest before they lead to a repudiation of obligations, cognizance of the petition filed under Rule 64.
an invasion of rights, and a commission of wrongs. (Aquino v. Municipality of Malay,
Aklan, G.R. No. 211356, 2014) JURISDICTION IS WITH THE SUPREME COURT
Article IX-A, Section 7, 1987 Constitution
Similar Remedies Unless otherwise provided by this Constitution or by law, any decision, order, or ruling
1. Reformation of an Instrument - an action for reformation is not an action of each Commission may be brought to the Supreme Court on certiorari by the
brought to reform a contract, but to reform the instrument evidencing the contract. aggrieved party within 30 days from receipt of a copy thereof.
It presupposes that there is nothing wrong with the contract itself because there is
a meeting of minds between the parties. (Civil Code, Art. 1359) ● Diocese of Bacolod v. COMELEC, GR No. 205728 (2015)
○ We have interpreted Section 7, Article IX-A of the Constitution to mean
2. Consolidation of Ownership - the concept of consolidation of ownership under
final orders, rulings and decisions of the COMELEC rendered in the
Art. 1607, Civil Code, has its origin in the substantive provisions of the law on
exercise of its adjudicatory or quasi-judicial powers.
sales. Under the law, a contract of sale may be extinguished either by legal
redemption (Art. 1619) or conventional redemption (Art. 1601). When the ○ This decision must be a final decision or resolution of the COMELEC en
redemption is not made within the period agreed upon, in case the subject matter banc, not of a division, certainly not an interlocutory order of a division.
of the sale is a real property, Art. 1607 provides that the consolidation of ○ The Supreme Court has no power to review via certiorari, an interlocutory
ownership in the vendee shall not be recorded in the Registry of Property without order or even a final resolution of a Division of the Commission on
a judicial order, after the vendor has been duly heard. Elections.
The action brought to consolidate ownership is not for the purpose of
consolidating the ownership of the property in the person of the vendee or buyer ISSUES THAT MAY BE RAISED
but for the registration of the property. (Cruz v. Leis, G.R. No. 125233, 2000; ● The petitioner must anchor the petition on jurisdictional grounds, i.e., that the
Civil Code, Art. 1607) commission concerned acted without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack or excess of jurisdiction.
3. Quieting of Title to Real Property - an action to quiet title to real property is for
the removal or prevention of a cloud of title to real property or any interest by ● Fortune Life Insurance Co., Inc. v. COA, GR No. 213525 (2015)
reason of any instrument, record, claim, encumbrance or proceeding which is Questions of fact cannot be raised except to determine whether the COMELEC or
apparently valid or effective but is in truth and in fact invalid, ineffective, the COA were guilty of grave abuse of discretion amounting to lack or excess of
voidable or unenforceable and may be prejudicial to said title. (Art. 476. NCC) jurisdiction.
The plaintiff need not be in possession of the real property before he may bring
the action as long as he can show that he has a legal or an equitable title to the
property which is the subject matter of the action (Civil Code, Art. 477).
“EXCEPT AS HEREINAFTER PROVIDED” EFFECT OF FILING
Means that any petition for certiorari filed under this rule follows the same requisites as ● General Rule:
those of Rule 65 except for certain provisions found only in Rule 64: The filing of a petition for certiorari shall not stay the execution of the judgment,
final order, or resolution sought to be reviewed.
● The petition shall be filed within 30 days from notice of judgment or final order
or resolution sought to be reviewed ● Exception:
When the Supreme Court directs otherwise upon such terms as it may deem just.
● The filing of a motion for new trial or reconsideration, if allowed under the
procedural rules of the commission concerned, shall interrupt the 30-day period ● Note:
for filing the petition. The petitioner may apply for a Temporary Restraining Order or a Writ of
Preliminary Injunction from the Supreme Court to stay the execution of judgment
● If the motion is denied, the aggrieved party may file the petition within the
or final order or resolution sought to be reviewed; otherwise, the filing of the
remaining period, but which shall not be less than 5 days in any event, reckoned
petition for certiorari shall not stay the execution of the judgment or final order or
from notice of denial.
resolution sought to be reviewed.
WHEN TO FILE
● Reglementary Period RULE 65 - CERTIORARI, PROHIBITION AND MANDAMUS
The petition for certiorari shall be filed thirty (30) days from notice of the
judgment or final order or resolution sought to be reviewed.
Section 1 Petition for Certiorari
● If the motion for reconsideration is denied, the petition must be filed within the A Writ of Certiorari is a writ emanating from a superior court directed against an
remaining period, but which shall not be less than five (5) days in any event, inferior court, tribunal, board or officer exercising judicial or quasi-judicial functions
reckoned from the notice of denial of the motion for reconsideration. whereby the record of a particular case is ordered to be elevated for review and
○ Fortune Life Insurance Co., Inc. v. COA, GR No. 213525 (2015) correction in matters of law.
Fresh Period Rule under Neypes does not apply to a petition for certiorari
under Rule 64 of the Rules of Court because the rule expressly provides for The petition shall be accompanied by:
the period to file the petition if motion for reconsideration is denied. 1. a certified true copy of the judgment, order or resolution subject thereof,
2. copies of all pleadings and documents relevant and pertinent thereto, and
○ The filing of a motion for new trial or reconsideration of said judgment or 3. a sworn certification of non-forum shopping provided in par. 3 of Sec. 3, Rule 46
final order or resolution, if allowed under the procedural rules of the
Commission concerned, shall interrupt the period herein fixed. Section 2 Petition for prohibition
A Writ of Prohibition is a writ issued by a superior court and directed against an
MOTION FOR RECONSIDERATION inferior court, tribunal, corporation, board, officer or other person, whether exercising
● General Rule: judicial, quasi-judicial or ministerial functions, commanding it to desist from further
Failure to file a motion for reconsideration before the issuing forum results in the proceedings, for the purpose of preventing the latter from usurping jurisdiction with
dismissal of the petition. which it is not legally vested.
● Exception:
Section 3 Petition for Mandamus
ABS-CBN v. COMELEC, GR No. 133486 (2000)
A mandamus is only available when there is no other plain, speedy and adequate
a. To prevent a miscarriage of justice; remedy in the ordinary course of law against a person who unlawfully excludes another
from the use and enjoyment of a right or office to which such other person is entitled.
b. Need for relief is extremely urgent and certiorari is the only adequate
remedy;
Subject of the petition of Rule 56
c. The decision or resolution is a nullity; Factual matters are not proper for consideration in proceedings brought as an original
d. When the issue involves the principle of social justice or the protection of action for certiorari, for the main issue in certiorari is one of jurisdiction. However not
labor. every question of jurisdiction justifies an original action for certiorari, the question of
jurisdiction must be grave, like the denial of due process.
Accompaniments of the Petition Under Rule 56 Section 5. Service and enforcement of judgment
1. Duplicate original or certified true copy of the judgment, final order or resolution Certified Copy of the judgment served on the court and persons concerned,
subject thereof disobedience will be punished with contempt.
2. Certified true copies of suh material portions of the record as are referred to in the
petition RULE 66 - QUO WARRANTO
3. Other documents attached to the original copy
4. Verification Quo Warranto
5. Sworn certificate against forum shopping It is the remedy or proceeding by which the sovereign or state determines the legality
of a claim which a party asserts to the use or exercise of an office or franchise and
6. proof of service
ousts the holder from its enjoyment, if the claim is not well founded or if the right to
7. Proof of the timely payment of docket and legal fees enjoy the privilege has been lost.

Guidelines for relaxing such accompaniments Against whom may a quo warranto be filed under Rule 66?
1. Not all pleadings and parts of the case records are required to be attached; only 1. Persons who usurp, intrude, or unlawfully hold a public office, position or
those relevant are required. Test of relevancy is whether the document in question franchise;
will support the material allegations in the question, or whether the documents
2. Public officers who forfeit their office;
show a prima facie case of grave abuse of discretion
3. Associations which act as corporations without being legally incorporated or
2. Even if the document is relevant it need not be appended if it is shown that the
authorized (Sec 1, Rule 66)
contents can also be found in another document already attached
3. Petition lacking essential pleading or part of the case record may still be given due How may an action for quo warranto be commenced?
course upon showing that there is a higher interest of justice It may be commenced by a verified petition brought in the name of the Republic of the
Philippines through the Solicitor General or the public prosecutor
Expediting Proceedings and Injunctive relief
● Expediting - The public respondent shall proceed with the principal case within When should the Solicitor General commence the action?
10 days from filing of a petition for certiorari, absent a TRO or Preliminary 1. Upon the President’s directive;
Injunction. Non-compliance = Administrative charge.
2. Upon complaint; or
● Injunctive Relief - A TRO or Preliminary Injunction interrupts the course of the
3. When there is good reason to believe that there is proof of the causes mentioned
principal case.
in Section 1 of Rule 66 (Section 2, Rule 66)
Proceedings after comment is filed
When may an individual commence a quo warranto action?
1. The Court hears the case or requires the parties to submit memoranda. An individual may commence such action if he claims to be entitled to the public office
2. Render judgment based on the allegations of the petition. allegedly usurped by another. (Section 5, Rule 66)
3. If the petition is A. Patently without merit B. For delay C. Unsubstantial. = The
court may dismiss Who has Jurisdiction over quo warranto actions?
Original and Concurrent Jurisdiction
Liability of lawyers 1. The Supreme Court
1. Res Ipsa Loquitur 2. The Court of Appeals
2. For practicing dilatory and unmeritorious petitions 3. The RTC which has original jurisdiction over the area where respondent resides
3. Will be administratively liable. If brought by the Solicitor General, it must be brought before the RTC of Manila
Exclusive Original Jurisdiction
● Public Use – means public, usefulness, utility, or advantage, or what is productive
The Sandiganbayan for actions arising in cases filed under EO Nos. 1, 2, 14, 14-A.
of the general benefit, so that any appropriation of private property by the State
under its right of eminent domain, for purposes of great advantage to the
What is the prescriptive period for quo warranto?
community, is a taking for public use.
A petition for quo warranto must be filed within 1 year from the date the petitioner is
ousted from his position.
Requisites of “taking” in eminent domain cases:
When does the prescriptive period begin to run? 1. The expropriator must enter a private property;
1. The ouster or unlawful exclusion of the rightful claimant from the office 2. The entrance to the property must be for more than a monetary period;
2. When the right of the claimant to hold the office arose 3. The entry into the property should be under warrant or color of legal authority;
4. The property must be devoted to a public use or otherwise informally
Points from Republic vs Sereno appropriated or injuriously affected; and
When does the prescriptive period for quo warranto apply? 5. The utilization of the property for public use must be in such a way as to oust the
1. When filed by the State at its own interest, through the Solicitor General, for owner and deprive him/her of all beneficial enjoyment of the property. (Republic
public interest, prescription shall not apply. vs. Ortigas and Co. Ltd. Partnership, G.R. No. 171496, 3 March 2014)
2. When filed by the Solicitor General at the request of another person, prescription
shall apply Stages of Expropriation Process
1. First Stage – the determination of the authority of the plaintiff to expropriate. This
3. When filed by an individual in his or her own name, the prescriptive period shall
determination includes an inquiry into the propriety of the expropriation – its
apply.
necessity and the public purpose.
Can Quo Warranto and impeachment proceed simultaneously? ● It will end in the issuance of an order of expropriation if the court finds for
YES - the existence of other remedies against the usurper does not prevent the State the plaintiff, or in the dismissal of the complaint if it finds otherwise.
from commencing a quo warranto proceeding ● Remedy: Appeal by notice of appeal within FIFTEEN (15) DAYS or record
on appeal within THIRTY (30) DAYS from receipt of court order.
RULE 67 - EXPROPRIATION
2. Second Stage – the determination of just compensation through the
court-appointed commissioners.
● Expropriation - is a process by which the power of eminent domain of the state ● Remedy: Appeal by notice of appeal within FIFTEEN (15) DAYS from
is exercised by taking private property for public use provided that there is receipt of court order.
payment of just compensation.
● Eminent Domain - is one of the inherent powers of the state to appropriate Matters to be alleged in a Verified Complaint for Expropriation (Sec. 1, Rule 67)
private property to particular uses to promote public welfare without the owner’s 1. State with certainty the right of the plaintiff to expropriation and the purpose
consent, conditioned upon payment of just compensation thereof;
● Just Compensation – fair and full equivalent value of the property taken from its 2. Describe the real or personal property sought to be expropriated; and
owner by the expropriator. 3. Join as defendants all persons owning or claiming to own, or occupying, any part
It is considered to be the sum equivalent to the market value of the property, of the property or interest therein, showing, so far as practicable, the interest of
broadly described to be the price fixed by the seller in open market in the usual each defendant. If the plaintiff cannot identify the real owners with accuracy,
and ordinary course of legal action and competition or the fair value of the averment to that effect shall be made in the complaint.
property as between one who receives, and one who desires to sell, i[f] fixed at
the time of the actual taking by the government. (Apo Fruits Corporation vs. Land When Plaintiff can Immediately Enter into Possession of the Real Property
Bank of the Philippines, G.R. No. 164195; 5 April 2011) Upon filing of complaint and after due notice to the defendant, the plaintiff shall have
the right to enter or take possession of the property if he makes a preliminary deposit.
Purpose of Deposit
RULE 68 - FORECLOSURE OF REAL ESTATE MORTGAGE
The deposit serves as an advanced payment to the owner of the property should the
court decide in favor of the plaintiff, and should it be otherwise, the deposit shall serve
as indemnity against any damage which the owner may have sustained. Foreclosure of mortgage means the termination of all rights of the mortgagor in the
property covered by the mortgage. It denotes the procedure adopted by the mortgagee
Service of Summons (Section 3, Rule 67) to terminate the rights of the mortgagor on the property and includes the sale itself.
The defendant shall be served with summons (DBP v. Zaragoza, G.R. No. 23493, 1978)

Defendants in Expropriation Proceedings KINDS OF FORECLOSURE

The defendants in an expropriation case are not limited to the owners of the property 1. Judicial Foreclosure (Rule 68)
condemned. They include all other persons owning, occupying or claiming to own the a. Complaint is filed with the courts.
property.
b. There is only an equity of redemption. No right of redemption except when
the mortgagee is a banking institution; equity of redemption is 90 to 120
Defenses and Objections in the Answer (Section 3, Rule 67)
days, and any time before confirmation of foreclosure sale.
1. The defendant shall serve an answer if he has an objection to the:
a. Filing of the complaint; XPN: Where the mortgagee is a bank, the right of redemption may be
b. Allegations in complaint; exercised within 1 year after the sale of the property (General Banking Law
c. Objections or defense to the taking of his property. This answer shall be of 2000, Sec. 47)
served within the time stated in the summons. c. Mortgagee can move for deficiency judgment in the same action.
2. The answer is required to specifically designate or identify the property in which d. Buyer at a public auction becomes the absolute owner only after
the defendants claim to have an interest and state the nature and the extent of the confirmation of the sale.
interest claimed. He must also allege all his objections and defenses to the taking e. Mortgagee need not be given a special power of attorney.
of his property because those not adduced are deemed waived.
2. Extrajudicial Foreclosure (Act No. 3135 as amended by Act 4118, and A.M. No.
Remedy when some Defenses are Omitted (Section 3, Rule 67) 99-10-05-0)
The defendant shall seek leave to amend the answer within 10 days from the filing
a. No complaint is filed; no court intervention.
thereof. The permission of the court is always required before the answer is amended
for the purpose of incorporating defenses and objections not so alleged. b. There is a right of redemption. Mortgagor has a right of redemption for one
year from registration of the sale (except where the mortgagee is a bank and
Failure to File an Answer do not constitute Default the mortgagor is a juridical entity, the right to redeem may be exercised
Failure to file an answer does not produce the consequences of default in ordinary civil until, but not after, the registration of the certificate of sale/foreclosure with
actions; the defendant may nonetheless appear at the trial to present evidence as to the the Register of Deeds, which in no case shall be more than three (3) months
just compensation of the claims and, thereafter, share in the judicial award. after the foreclosure, whichever is earlier. (General Banking Law, Sec. 47)
c. Mortgagee has to file a separate action to recover any deficiency.
Order of Expropriation (Section 4, Rule 67) d. Buyer at public auction becomes absolute owner only after finality of an
An order of expropriation (order of condemnation) will be issued declaring that the action for consolidation of ownership.
plaintiff has a lawful right to take the property for public use or purpose described in
e. Mortgagee is given a special power of attorney in the mortgage contract to
the complaint upon the payment of just compensation. This order shall issue in any of
foreclose the mortgaged property in case of default.
the following cases:
1. In the event the objections of the defendant are overruled; or WHERE TO FILE
2. When no party appears to object or defend against the expropriation. 1. Judicial Foreclosure - in the proper court which has jurisdiction over the area
wherein the real property involved or a portion thereof, is situated (Sec. 1,
Rule 4)
 2. Extrajudicial Foreclosure - the place where each of the mortgaged CASE DOCTRINES
property is located. (Benguet Management Corp. v. CA, G.R. No. 153571) 1. BPI v. SPS. CASTRO; Notice Requirement (G.R. No. 195272, 14 January 2015)

WHERE TO SELL The notice rule was complied with when the Notice of Sheriff’s Sale was
1. Judicial Foreclosure - The place of the sale may be agreed upon by the parties. published in Philippine Recorder, a national newspaper of general circulation
In the absence of such agreement, the sale of real property or personal property once a week for three consecutive weeks. As a matter of fact, the foreclosure
not capable of manual delivery shall be held in the office of the clerk of court of procedure undertaken by Prudential Bank was supported by the following
the Regional Trial Court or the Municipal Trial Court which made the order. (Sec. documents: (a) Affidavit of Publication; (b) Notice of Sheriff’s Sale; © Sheriff’s
15, Rule 39) Certificate of Sale; (d) Affidavit of Posting; and (e) Minutes of the Auction Sale.
Indubitably, these documents evidenced the regular and lawful conduct of the
2. Extrajudicial Foreclosure - It cannot be made legally outside of the province in
foreclosure proceedings.
which the property sold is situated; and in case the place within said province in
which the sale is to be made is the subject of stipulation, such sale shall be made
There is much significance in the fact the David admitted on the witness stand
in said place or in the municipal building of the municipality in which the
that he knew that there was an application for foreclosure on their Quezon City
property or part thereof is situated. (Sec. 2, Act No. 3135)
property but the REM was used as basis of the foreclosure covered the Laguna
properties. Upon learning this, he should have registered his objection or sought
NOTICE REQUIREMENT
clarification from the sheriff’s office. Instead, he let the public auction run its
1. Judicial Foreclosure - (Sec. 15, Rule 39 and Sec. 3, Rule 68) course and belatedly objected to the sale.
2. Extrajudicial Foreclosure -
a. Notice shall be given by posting notices of the sale for not less than 20 days For failure to overcome the burden of showing that the foreclosure proceedings
in at least 3 public places of the municipality or city where the property is were tainted with irregularity, the Certificate of Sale should be upheld.
situated
2. OKABE v. SATURNINO; Writ of Possession (G.R. No. 196040, 26 August 2014)
b. If such property is worth more than P400, such notice shall also be published
once a week for at least 3 consecutive weeks in a newspaper of general
The remedy of a writ of possession, a remedy that is available to the
circulation in the municipality or city;
mortgagee-purchaser to acquire possession of the foreclosed property from the
c. The sale shall be made at public auction, between the hours of nine in the mortgagor, is made available to a subsequent purchaser, but only after hearing and
morning and four in the afternoon; and shall be under the direction of the after determining that the subject property is still in the possession of the
sheriff of the province, the justice or auxiliary justice of the peace of the mortgagor
municipality in which such sale has to be made, or a notary public of said
municipality, who shall be entitled to collect a fee of five pesos for each day 3. MONZON v. SPS. RELOVA; Default (G.R. No. 171827, 17 September 2008)
of actual work performed, in addition to his expenses. (Secs. 3 & 4, Act No.
3135) The defendant’s non-appearance in the hearing and the failure to adduce evidence
does NOT constitute default when an answer has been filed within the
DEFENDANTS IN A JUDICIAL FORECLOSURE reglementary period. Instead, it amounts to a waiver of the defendant’s right to
1. Persons obliged to pay the mortgage debt; object to the evidence presented during such hearings and to cross-examine the
2. Persons who own, occupy, or control the mortgaged premises or any part thereof; witness presented.
3. Transferee or grantee of the property;
4. BPI FAMILY SAVINGS BANK v. SPS. VELOSO; Bona Fide Redemption (G.R.
4. Second mortgagee or junior encumbrancers or any person claiming a right or No. 141974, 9 August 2004)
interest in the property subordinate to the mortgage sought to be foreclosed to
foreclose their equity of redemption; but if the action is by the junior The general rule in redemption is that it is not sufficient that a person offering to
encumbrancer, first mortgagee MAY also be joined as defendant; and redeem manifests his desire to do so. The statement of intention must be
5. The mortgagor, even if not the owner of the mortgaged property, should be accompanied by an actual and simultaneous tender of payment. This constitutes
included (to satisfy the deficiency). the exercise of the right to repurchase
 When is Partition available to the co-owners?
Bona fide redemption necessarily implies a reasonable and valid tender of the
● Generally, anytime, as a matter of right. The rule allowing partition originates
entire repurchase price, otherwise the rule on the redemption period fixed by law
from a well-known principle embodied in the Civil Code that no co-owner shall
can easily be circumvented.
be obliged to remain in the co-ownership. Because of this rile, he may demand, at
any time, the partition of the property owned in common, insofar as his share is
5. BACALING v. MUYA; Right of Redemption (G.R. No. 148404, 11 April 2002)
concerned. (See Art. 494, Civil Code)
There was no longer any right of redemption in a judicial foreclosure proceeding ● EXCEPT — In the following instances, a co-owner may NOT demand partition:
after the confirmation of the public auction. Only foreclosures of mortgages in 1. There is an agreement among the co-owners to keep the property undivided
favor of banking institutions and those made extrajudicially are subject to legal for a certain period of time but not exceeding 10 years. This term may be
redemption. Since GSIS is not a banking institution and the procedure of the extended by a new agreement. (Art. 494, Civil Code)
foreclosure is not extrajudicial in nature, no right of redemption exists after the 2. When partition is prohibited by the donor or testator for a period not
judicial confirmation of the public auction sale of the said lots. exceeding 20 years. (Art. 494, 1083, Civil Code)
6. HUERTA ALBA v. CA; Equity of Redemption in Judicial Foreclosure (G.R. No. 3. When partition is prohibited by law, such as in the case of the family home
128567, 1 September 2000) (Art. 494, Civil Code; Art. 159, Family Code)
4. When the property is not subject to physical division and to do so would
While there is no right of redemption in judicial foreclosure, there is in favor of Render it unserviceable for the use for which it is intended. (Art. 495, Civil
the mortgagor an equity of redemption. This is simply the right of the defendant Code)
mortgagor to extinguish the mortgage and retain ownership of the property by
paying the secured debt within the 90-day period after the judgment becomes Thus, an action for prescription does NOT prescribe — as long as there is
final, in accordance with Rule 68, or even after the foreclosure sale but prior to its recognition of ownership, expressly or impliedly.
confirmation. BUT — The action may prescribe and the co-owner may acquire ownership of the
property by prescription where there exists a clear repudiation of the co-ownership and
the co-owners are notified of the claim of adverse and exclusive ownership.
RULE 69 - PARTITION
What are the modes of Partition?
Partition is the division between two or more persons of real or personal property It may be made in either of two ways (See Rule 69, Sec. 12) —
owned in common, by setting apart their respective interests so that they may enjoy and 1. By agreement of the parties (Extra-judicial Partition or in the case of Partition of
possess these in severalty, resulting in the partial or total extinguishment of Estate, Extra-Judicial Settlement)
co-ownership. (Leoveras vs Valdez) Partition presupposes the existence of a 2. By judicial proceedings (Judicial Partition under the Rules of Court, when the
co-ownership (resulting either by succession or by other modes of acquiring property) parties cannot agree)
What are the effects of Partition? PROCEDURAL RULES FOR PARTITION – STAGES
Partition is not legally deemed a conveyance of property resulting in change of
ownership. It is not a transfer of property from one to the other, but rather, it is a 1. 1ST PHASE — Whether a co-ownership exists and whether partition is proper
confirmation or ratification of title or right of property. It is merely a designation and ● The first phase of a partition and/or accounting suit is taken up with the
segregation of that party which belongs to each respective co-owner. (Co Giuk Lun vs determination of whether or not a co-ownership in fact exists, and a partition
Co) is proper (i.e., not otherwise legally proscribed) and may be made by
voluntary agreement of all the parties interested in the property.
One of the legal effects of partition, whether by agreement among the co-owners or by
judicial proceeding, is to terminate the co-ownership, and consequently, to make the ● This phase may end with a declaration that the plaintiff is not entitled to
previous co-owners the absolute and exclusive owner of the share allotted to him. have a partition either because a co-ownership does not exist, or partition is
(Leoveras vs Valdez) legally prohibited.
 ● EXCEPTION: Where the action is not merely for partition but for annulment of
● It may end, on the other hand, with an adjudgment that a co-ownership does
title and documents primarily, the action is incapable of pecuniary estimation, and
in truth exist, partition is proper in the premises and an accounting of rents
thus, cognizable by the RTC. (Sps. Butiong vs Plazo 2015)
and profits received by the defendant from the real estate in question is in
order.
WHO MAY FILE
The action for partition may be brought by the persons who has a right to compel the
2. 2ND PHASE — Determination of the proper portions of each respective co-owner partition of the real or personal property. (Such as the co-owners)
● The second phase commences when it appears that "the parties are unable to
agree upon the partition" directed by the court. In that event, partition shall The plaintiff is a person who is supposed to be a co-owner of the property sought to be
be done for the parties by the court with the assistance of not more than partitioned. The defendants are all the other co-owners.
three (3) commissioners.
Are all other co-owners indispensable parties?
● This second stage may well also deal with the rendition of the accounting YES. All the co-owners must be joined. An action will not lie without the joinder of all
itself and its approval by the court after the parties have been accorded co-owners and other persons having interest in the property.
opportunity to be heard thereon, and an award for the recovery by the party
or parties thereto entitled of their just share in the rents and profits of the real Without the presence of all the other heirs as plaintiffs, the trial court could not validly
estate in question. render judgment and grant relief in favor of the private respondent. The failure of the
private respondent to implead the other heirs as parties-plaintiffs constituted a legal
Note: The action for partition is also subject to multiple appeals and would require a obstacle to the trial court and the appellate courts exercise of judicial power over the
record on appeal. Multiple appeals are allowed in special proceedings, in actions for said case, and rendered any orders or judgments rendered therein a nullity. To reiterate,
recovery of property with accounting in actions for partition of property with the absence of an indispensable party renders all subsequent actions of the court null
accounting, in the special civil actions of eminent domain and foreclosure of mortgage. and void for want of authority to act, not only as to the absent parties but even as to
The rationale behind allowing more than one appeal in the same case is to enable the those present. (Sepulveda vs Lawas 2005)
rest of the case to proceed in the event that a separate and distinct issue is resolved by
the court and held to be final. (Roman Catholic Archbishop of Manila vs CA 1996) MATTERS TO BE ALLEGED IN THE COMPLAINT
1. The nature and extent of his title
JURISDICTION OVER ACTIONS FOR PARTITION 2. An adequate description of the real estate of which partition is demanded
● GENERAL RULE: An action for partition is capable of pecuniary estimation 3. Join as defendants all other persons interested in the property
thus, the jurisdiction depends on the value of the (1) personal property, or (2) real 4. A demand for an accounting of the rents, profits and other income from the
property property which he may be entitled to as his share. (Rule 69, Sec. 8)
1. MTC — Note: These cannot be demanded in another action because they are parts of the cause
a. Personal property — value does not exceed P300,000, or if in Metro of action for partition. These will be barred if not set up in the same action pursuant to
Manila, not exceeding P400,000 the rule against splitting a single cause of action.
b. Real property — value does not exceed P20,000 , or if in Metro
Manila, not exceeding P50,000 PROCEDURE OF THE PARTITION PROCEEDINGS; ORDER OF
PARTITION
2. RTC — If the values involved falls outside the jurisdiction of the MTC
1. The action will proceed according to the rules of ordinary procedure.
Note: Barrido vs Nonato 2014 which said that the MTCC has jurisdiction to take 2. After the trial the court finds that the plaintiff has the right thereto, it shall order
cognizance of real actions or those affecting title to real property, or for the recovery of the partition of the real estate among all the parties in interest.
possession, or for the partition or condemnation of, or foreclosure of a mortgage on real
property. Note: This ends the first stage of the partition proceedings. It ends with the court
issuing an “order of partition”. This order is a judgment in itself and may already be
appealed.
3. Thereupon the parties may, if they are able to agree, make the partition among Institution of the Action and How to File a Complaint
themselves by proper instruments of conveyance, and the court shall confirm the ALLEGATIONS IN A COMPLAINT FOR FORCIBLE ENTRY;
partition so agreed upon by all the parties, and such partition, together with the JURISDICTIONAL FACTS
order of the court confirming the same, shall be recorded in the registry of deeds The following allegations are indispensable in actions for forcible entry to enable
of the place in which the property is situated. MTCs to acquire jurisdiction over them:
1. That the plaintiff had prior physical possession of the property
This is partition by agreement. If the parties are already able to agree on the amount of
partitioning and rentals/income due to each of them, then there’s no need to proceed to 2. The defendant deprived him of such possession by any of the following means
the 2nd stage. What follows is the appointment of commissioners. [FISTS]:
a. Force
RULE 70 - FORCIBLE ENTRY AND UNLAWFUL DETAINER b. Intimidation
c. Threats
Both Forcible Entry and Unlawful Detainer are special civil actions called “actions for d. Strategy
ejectment” or “accion interdictal”. e. Stealth
Accion interdictal is the summary action for either forcible entry or detentacion, where
Note: Actual physical force is NOT necessary. In order to constitute force, the
the defendant’s possession of the property is illegal ab initio, or for unlawful detainer
trespasser does not have to institute a state of war. The acts of going to the property
or desahucio, where the defendant’s possession was originally lawful but creased to be
and excluding the lawful possession therefore necessarily imply exertion of force over
so by the expiration of his right to possess, both of which must be brought within 1
the property. (Banes vs Lutheran Church)
year from the date of actual entry on the land, in case of forcible entry, and from the
date of last demand, in case of unlawful detainer. (Serdoncillo vs Benolirao)
ALLEGATIONS OF A COMPLAINT FOR UNLAWFUL DETAINER;
1. Forcible entry — an action to recover possession of a property from the defendant JURISDICTIONAL FACTS
whose occupation thereof is illegal from the beginning since he acquired
1. Initially, possession of the property by the defendant was by either —
possession by force, intimidation, threat, strategy, or stealth.
a. Contract with the plaintiff
2. Unlawful detainer — an action for recovery of possession from the defendant b. Mere tolerance of the plaintiff
whose possession of the property was inceptively lawful by virtue of a contract
2. Eventually such possession became illegal upon notice by plaintiff to defendant of
with the plaintiff, but became illegal when he continued his possession despite the
the termination of the latter’s right of possession
termination of his right thereunder.
3. Thereafter, the defendant remained in possession of the property and deprived the
Note: Both actions deal only with the “right to possession” and NOT ownership. The plaintiff of the enjoyment thereof
issue of ownership shall be resolved only to determine the issue of possession
4. Within 1 year from the last demand on the defendant to vacate the property, the
Jurisdiction and Venue Over Actions For Ejectment and Governing Rules: plaintiff instituted the complaint for ejectment.
Actions for forcible entry and unlawful detainer are within the original and exclusive
jurisdiction of the MTC. This is irrespective of the amount of damages or unpaid Note: It is the nature of the defendant's entry into the land which determines the cause
rentals sought to be recovered of action, whether it is forcible entry or unlawful detainer. If the entry is illegal, then
the action which should be filed against the intruder is forcible entry. If, however, the
● The proceedings are summary. It will be governed by the Rules of Summary entry is legal but the possession thereafter becomes illegal, the case is unlawful
Procedure. detainer. (Suarez vs Emboy 2014)
● Note: Rule 70 and the Rules of Summary Procedure are similar.
● The actions are considered real actions as they affect possession of real property,
hence, the venue is the place where the property subject of the action is situated,
or any part thereof. (Rule 4, Sec. 1)
What is the importance of the presence of these allegations/jurisdictional facts in Cases involving unlawful detainer that a demand to vacate is NOT needed
the complaint? anymore:
To give the court jurisdiction to effect the ejectment of an occupant or defendant from Demand is NOT required in the following cases:
the land, it is necessary that the complaint must sufficiently show such a statement of
1. When there is a stipulation dispensing with a demand (waiver)
facts as to bring the party clearly within the class of cases for which the statutes
provide a remedy, without resort to parol evidence, as these proceedings are summary 2. If the ground for the suit is based on the expiration of the lease - Upon there
in nature. expiration of the lease, the lease is already considered to be unlawfully
withholding the property, hence the cause of action for unlawful detainer
Note: The jurisdictional fact must appear on the face of the complaint. When the immediately arises. (Panganiban vs Pilipinas Shell)
complaint fails to avert facts constitutive of forcible entry or unlawful detainer, as
where it does not state how entry was effected or how and when dispossession started, Exception:
the remedy should either be an accion publiciana or accion reinvidicatoria. (Suarez vs Demand to vacate is required when the lease is on a month-to-month basis to terminate
Emboy 2014) the lease upon the expiration of the month. In the absence of such notice, the lease
continues to be in force and cannot be deemed to have expired as of the end of the
Period to Bring the Action month. (This seems like a case of tacita reconduccion)
1. Forcible entry — 1 year from actual entry on the land by the defendant (from the ● The one-year period to file an unlawful detainer case is not counted from the
time of the defendant’s possession) expiration of the lease contract on 31 December 2002. Indeed, the last demand for
However, when the entry is made by stealth, then the period must be counted from petitioners to vacate is the reckoning period for determining the one-year period
knowledge of the entry. (Elane vs CA) in an action for unlawful detainer. "Such one year period should be counted from
the date of plaintiff’s last demand on defendant to vacate the real property,
2. Unlawful detainer — counted from last demand to vacate (and the expiration of
because only upon the lapse of that period does the possession become unlawful.
the grace period)
(In this case, although the lease had expired, the lease contract did not have a
Grace period —
fixed period, it was a lease on a month-to-month basis also.
a. In case of land — 15 days
b. In case of buildings — 5 days ● That’s why the demand to vacate became important. (Inocencio vs Hospicio de
San Jose 2013)
“DEMAND TO VACATE” IN UNLAWFUL DETAINER CASES
In forcible entry, a demand to vacate is not required before the filing of the action POSSESSION BY MERE TOLERANCE
because the occupancy is illegal from the very beginning. In unlawful detainer, a Toleration is defined as ‘the act or practice of permitting or enduring something not
demand to vacate is indispensable and jurisdictional. wholly approved of.” (Macasaet vs Macasaet 2004)

It is the demand to vacate the presumes and the refusal to do so which make unlawful Acts merely tolerated are those which by reason of neighborliness or familiarity, the
the defendant’s right of possession. The mere fact that the defendant fails to pay rental owner of property allows his neighbor or another person to do on the property; they are
to complies with the conditions of his lease does NOT ipso facto render his possession generally those particular services or benefits which one’s property can give to another
of the premises unlawful. It is the failure to comply with the demand to vacate that without material injury or prejudice to the owner, who permits them out of friendship
vests upon the lessor a cause of action. or courtesy Thus, not every case of knowledge and silence on the part of the possessor
can be considered mere tolerance.
Note: Where the suit is predicated upon the defendant’s non-compliance with the
conditions of the lease contract, the proper demand should be “to comply AND to By virtue of tolerance that is considered as an authorization, permission or license, acts
vacate” and NOT to “comply OR vacate”. The latter type of demand gives rise to an of possession are realized or performed. The question reduces itself to the existence or
action for specific performance, not unlawful detainer. (Cestus Development vs CA) non-existence of the permission. (Sarona vs Villegas 1968)

Also, in terms of form, a demand to vacate may be written or oral. Note: Tolerance must be present during the start of the defendant's possession sought
to be recovered for it to fall under forcible entry.
While possession by tolerance may initially be lawful, it ceases to be so upon the 2. This rule shall NOT apply where one of two or more defendants sued under a
owners demand that the possessor by tolerance vacate the property. To justify an action common cause of action, who had pleaded a common defense, shall appear at
for unlawful detainer, the permission or tolerance must have been present at the the preliminary conference.
beginning of the possession. Otherwise, if the possession was unlawful from the start,
an action for unlawful detainer would be an improper remedy. RULES ON JUDGMENT, EXECUTION AND APPEAL
Judgment conclusive only on possession — the judgment rendered in an acton for
Cases which do not bar the an action for forcible entry or unlawful detainer: forcible entry or detainer shall be conclusive with respect to the possession only and
1. Accion publiciana (Ramirez vs Bleza) shall not bind the title or affect the ownership of the land or building.
2. A writ possession case where ownership is the issue. (Heirs of Guballa vs CA)
Such judgment shall not bar an action between the same parties respecting title to the
3. Actions or quieting of title (Quimpo vs De la Victoria) land or building.
4. Actions for specific performance with damages (Desamito vs Cuyegkeng)
5. Action for reformation of instrument (Judith vs Abragan) Judgment which is adverse to the defendant is immediately executory — a judgment on
forcible entry and detainer case immediately executory to avoid injustice to a lawful
6. Action reinvidicatoria or action for reconveyance. (Del Rosario vs Jimenez)
possessor, and the court’s duty to order the execution is practically ministerial.
7. Actions for annulment of sale, title or document affecting property. (Salinas vs (Bugarin vs Palisoc)
Navarro)
Note: If the judgment is against the plaintiff then it is NOT immediately executory.
Action of the Court Upon Filing of the Complaint While the Rules of Summary Procedure (Sec. 21) provides that all judgments under
Court can immediately dismiss the case outright if the jurisdictional facts are absent, if such rule are immediately executory, without prejudice to a further appeal that may be
not, it will issue summons. Court can also grant a preliminary injunction as a taken, Rule 70 should be controlling in forcible entry and detainer cases.
provisional remedy.
Can the defendant stay the execution of an adverse judgment?
Action of the Defendant YES. But he must take the following steps:
Section 6 provides that within ten (10) days from service of summons, the defendant 1. Perfect an appeal
shall file his answer to the complaint and serve a copy thereof on the plaintiff. 2. File a supersedes bond to pay for the rents, damages and costs accruing down to
Affirmative and negative defenses not pleaded therein shall be deemed waived, except the time of the judgment appealed from
for lack of jurisdiction over the subject matter.
BUT — this covers only the monetary judgment of the trial court, if the judgment
Cross-claims and compulsory counterclaims not asserted in the answer shall be does not make any pronouncement on the pecuniary liability of the defendant,
considered barred. The answer to counterclaims or cross-claims shall be served and then it is NOT required. Attorney’s fees are not covered by the supersedes bond.
filed within ten (10) days from service of the answer in which they are pleaded. (Once vs Gonzales)
3. Deposit periodically with the RTC, during the pendency of the appeal, the
Effect of the Defendant’s Failure to Answer adjudged amount of rent due under the contract, or if there be no contract, the
● GENERAL RULE — If the defendant fails to file an answer the court will just reasonable value of the use and occupation of the premises. (Bugarin vs Palisoc)
proceed to render judgment as may be warranted by the facts alleged in the
complaint and limited to what is prayed for therein. The defendant is deemed to Note: All of the above requisites must concur. Thus, even if the defendant had appealed
have admitted the allegations of the complaint, and the court must grant the relief and filed a supersedes bond, but failed to pay the accruing rentals, the appellate court
prayed for. could, upon motion of the plaintiff, with notice to the defendant, and upon proof of such
failure, order the immediate execution of the appealed decision without prejudice to the
● Note: There is NO default in the summary procedure. appeal taking its court. Such deposit, like the supersedes bond, is a mandatory
● BUT — requirement. Failure to comply with it will mean that execution will issue as a matter of
1. It may in its discretion reduce the amount of damages and attorney's fees right. (Antonio vs Geronimo)
claimed for being excessive or otherwise unconscionable.
Appeal after judgment on Summary Procedure no longer covered by Rules on a. Misbehavior in the presence f or so near a court as to obstruct or interrupt
Summary Procedure the proceedings before the same
The appeal before the RTC is no longer covered by the Rules on Summary Procedure.
b. Disrespect towards the court
The Rules on Summary Procedure apply before the appeal to the RTC. Hence,
respondents' motion for reconsideration filed with the RTC is not a prohibited pleading. c. Offensive personalities towards others
(Macadangdang vs Gaviola 2009) d. Refusal to be sworn or to answer as a witness
e. Refusal to subscribe an affidavit or deposition when lawfully required to do
Preliminary injunction when case is on appeal to the RTC so
If the judgment of the MTC is appealed, the RTC may issue a writ of preliminary
mandatory injunction to restore the plaintiff in his possession, upon his motion filed 2. Deliberate forum shopping (Rules of Court, Rule 7)
within 10 days from the perfection of the appeal. This is based on a find that:
Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It
1. The defendant's appeal is frivolous or dilatory or
is such misconduct that subjects lawyers to disciplinary action. (Lorenzo Shipping
2. The appeal of the plaintiff is prima facie meritorious Corp. vs Distribution Management Assoc of the Philippines)

Persons Bound by the Judgment in Ejectment Cases REMEDY - petition for certiorari or prohibition directed against the Court judging him
Generally, the judgment in an ejectment case is binding only upon the parties properly guilty of contempt. However, the execution of judgment will not be stayed unless a
impleaded, and given an opportunity to be heard. bond is filed.

This is because an ejectment suit is an action in personam, BUT — Judgment may INDIRECT CONTEMPT, HOW INITIATED, AND REMEDIES (SECTION 3-5)
become binding on the following persons despite the fact they are not impleaded: Indirect Contempt - Acts not committed in front of the judge and can only be
1. Trespasser punished after due hearing.
2. Squatter
Specific acts constituting indirect contempt:
3. Agent of the defendant fraudulently occupying the property to frustrate judgment
1. Misbehavior of an officer of a court in the performance of his official duties or in
4. Guest or occupant of the premises with the permission of the defendant
his official transactions;
5. Transferee pendente lite
2. Disobedience of resistance to a lawful writ, process, order, or judgment
6. Sublessee a. The order must be specific and lawful,
7. Co-lessee b. The disobedience should be willful
8. Member of the family, relative, or privy of the defendant. (Sunflower
Neighborhood Association vs CA) 3. Any abuse of unlawful interference with proceedings not constitutting direct
contempt
RULE 71 - CONTEMPT 4. Any improper conduct tending to impede, obstruct, or degrade the administration
of justice
5. Assuming to be an attorney without authority
Contempt - a willful disregard or disobedience of a public authority.
6. Failure to obey subpoena
1. Disobedience to rules or orders of a legislative/judicial body
7. Rescue or attempted rescue of a person held in custody by a Court via an order or
2. Interruption of proceedings by disorderly behavior or insolent language.
process
Contempt power is inherent in the courts and it does not need any statutory basis.
HOW INITIATED:
1. Motu propio
DIRECT CONTEMPT and REMEDIES THEREFROM (Section 1-2)
2. Verified petition and upon compliance with the requirements of initiatory
Specific acts punishable as direct contempt:
pleadings
1. Any of the ff:
PROCEDURAL REQUISITES FOR INDIRECT CONTEMPT (Regalado vs Go):
1. A charge in writing or an order of the court to appear and explain;
2. An opportunity for the respondent to comment on the charge and explain his
conduct;

Disbarment proceedings against attorneys shall be confidential. Respondent however

failed to preserve the confidentiality rule and disseminated information to the media
which constituted contempt of court. (Fortun vs Quinsayas)

PENALTIES, BAIL (SECTION 6-11)

1. Pending hearing, the respondent may be released from custody upon filing of a
bond in an amount fixed by Court, for his appearance at the hearing of the charge.
(Section 6)
2. When a party refuses to comply with the order of the court, the court may order
indefinite imprisonment to compel the party to do so. (Section 8)

Once there is already judgment for indirect contempt, the respondent may appeal but
the execution won’t be stayed unless a bond is filed

CONTEMPT AGAINST QUASI-JUDICIAL AGENCIES (SEC 12)

May be filed with the Regional Trial Court exercising jurisdiction over said body.