LECTURE ON CIVIL

PROCEDURE

JUDGE GENER M. GITO, LL.M., D.C.L.

Presiding Judge, RTC-92, Balanga City
Vice-Executive Judge, RTC, Balanga City
Acting Presiding Judge, RTC-256, Muntinlupa City
Preliminary Matters
 Preliminary Matters
 Remedial law vs. Substantive Law
◦ Substantive law creates, defines, and regulate
right concerning life, liberty, and property
(Primicias vs. Ocampo, 93 Phil. 446) while
remedial law lays down the methods by which
those rights or obligations arising from
substantive law are protected, enforced and
given effect (Bustos vs. Lucero, 81 Phil. 640).
Rule Making Power of Supreme Court
 Section 5 paragraph(5), Article VIII. ( Code: 4P ALI)
 Subjects of the Rule-making power of SC
◦ Protection and enforcement of the constitutional rights
◦ Pleading
◦ Practice
◦ Procedure in all courts
◦ Admission to practice of law
◦ Integrated bar
◦ Legal assistance to under privileged
Please take NOTE:

 The rule making power of SC is exclusive. It is not shared with

Congress, more so with the executive (Echegaray vs.
Secretary of Justice, 301 SCRA 96,112).
 SC has the power to amend and suspend rules (Neypes vs.
CA, 469 SCRA 633, 643-644).
 Estipona vs. Lobrigo, GR 226679, August 15, 2017 –
constitutionality of Section 23, RA 9165 on plea bargaining. (Plea
Bargain is procedural, Congress cannot encroach on the rule
making power of the Supreme Court).
Limitations of the Rule Making Power
 The rules shall provide a simplified and
inexpensive procedure for the speedy disposition
of cases.
 The rules shall be uniform for all courts of the
same grade;
 The rules shall not diminish, increase, or modify
substantive rights
 (Section 5(5),Article VIII)
 Doctrine of Hierarchy of Courts
 Under the doctrine of hierarchy of courts,
where courts have concurrent jurisdiction over
the subject matter, such concurrence of
jurisdiction does not grant the party seeking
relief the absolute freedom to file the case in
court of his choice. Pursuant to the doctrine,
the case must be filed first to the lowest court
possible having appropriate jurisdiction.
 Exception to the Doctrine
 When there are special and important reasons clearly stated
in the petition
 When dictated by public welfare and advancement of public
policy
 When demanded by the broader interest of justice
 When the challenged orders were patent nullities
 When analogous exceptional and compelling circumstances
called for and justified the immediate and direct handling by
the Court
 When there are genuine issues of constitutionality that must
be addressed at the most immediate time.
 Doctrine of Non-Interference
 The doctrine of non-interference holds that the courts
of equal and coordinate jurisdiction cannot interfere with
each other’s order (Lapu-Lapu Development and
Housing Corp. vs. Group Management Corp., 388
SCRA 493, 508).
 Thus, RTC has no power or authority to nullify or enjoin
the enforcement of a writ of possession issued by
another RTC (Suico Industrial Corporation vs. CA,
301 SCRA 212, 213).
Does the doctrine apply to administrative
bodies?
 YES.
 When the law provides for an appeal from the
decision of an administrative body to the SC or
CA, it means that such body is co-equal with the
RTC in terms of rank and stature, and logically
beyond the control of the latter (Philippine
Sinter Corp. vs. Cagayan Electric Power
and Light Co, 381 SCRA 582, 591)
Doctrine of Adherence to Jurisdiction
 It means that ones jurisdiction has attached, it
cannot be ousted by subsequent happenings or
events, although of a character which would have
prevented jurisdiction from attaching in the first
instance. The court, once jurisdiction has been
acquired retains that jurisdiction until it finally
disposes of the case (Bantua vs. Mercader, 350
SCRA 86; Padlan vs. Dinglasan, 694 SCRA 91,
98-99).
 Schema of a Civil Case

Complaint Summons Answer Pre-Trial

Post judgment
Execution Judgment Trial
remedies
Procedural Incidents in Every Stage
Cause of
action
Provisional
remedies
Jurisdiction

Complaint
Preparation of
the complaint Venue

Prescription
and conditions
precedent
Parties
Procedural Incidents in Every Stage
Summons

• Motion for bill of particulars

• Motion to dismiss

Answer

• Default
• Counterclaim, cross-claim, third-party, reply, intervention

Pre-trial

• Effect of non-appearance
• Effect of non-filing of pre-trial brief
Procedural Incidents in Every Stage

Post judgment
Trial Judgment Execution
remedies

Before
Demurrer
finality

After
finality
JURISDICTION
and
VENUE
 Jurisdiction, meaning
 It is the power and authority of the court to hear,
try, and decide the case (Continental Micronesia, Inc., vs.
Basco, GR Nos. 178382-83, September 23, 2015; Barangay
Mayamot vs.Antipolo City, GR No. 187349, August 17, 2016).

 Jurisdiction of the court includes the authority to

execute its decision. It includes the power of the
court to control the execution of its decision
(Echegaray vs. Secretary of Justice, 301 SCRA 96, 108).
 Original Jurisdiction vs. Appellate
Jurisdiction
 Original jurisdiction means jurisdiction to take cognizance
of a cause at its inception, try it and pass judgment upon the
law and facts (Cubero v. Laguna West Multi-Purpose
Cooperative, Inc., G.R. No. 166833, November 30,
2006, 509 SCRA 410, 416).

 Appellate jurisdiction means the authority of a court

higher in rank to re-examine the final order or judgment of a
lower court which tried the case now elevated for judicial
review. (LBP vs. Dalauta, G.R. No. 190004, August 8,
2017).
General Jurisdiction vs. Special Jurisdiction

 General jurisdiction means the power of

the court or tribunal jurisdiction to hear, try
and decide all kinds of cases except those
prohibited by law.
 Special jurisdiction means the power of
the court to hear, try and decide certain type
of cases.
 Exclusive Jurisdiction vs. Concurrent
Jurisdiction
 Exclusive jurisdiction means no other courts or
tribunal has the same jurisdiction over a particular
case.

 Concurrent jurisdiction means equal jurisdiction

to deal with the same subject matter (Begnaen vs.
Spouses Caligtan, G.R. No. 189852, August 17,
2016).
 Aspects of jurisdiction

Jurisdiction over the subject matter

Jurisdiction of the parties

Jurisdiction over the issues of the case

Jurisdiction over the res or thing involved in

litigation
A. Jurisdiction over the subject matter

 Jurisdiction
over the subject matter is referred to
as the power of a particular court to hear the type
of case that is then before it. The term also refers
to the jurisdiction of the court over the class of
cases to which a particular case belongs (De
Pedro vs. Romasan Development, GR No.
194751, Nove,ber 26, 2014).
 Effect of lack of jurisdiction over the
subject matter
 The Court may dismiss the case (Sec. 1, Rule 9; Bureau
of Customs vs. Devanadera, GR No. 193253, September 8,
2018).
 The judgment is void (Tagalog vs. Lim Vda de Gonzalez,
GR No. 201286, July 18, 2014).
 If the jurisdictional defect is apparent on the face of
the record, it may be subject to collateral attack
(Tagalog vs. Lim Vda de Gonzalez, GR No. 201286, July 18,
2014).
 The judgment is no judgment at all (Ga, Jr., vs.
Tubungan, 600 SCRA 736).
 How is jurisdiction over the subject
matter conferred?
 Jurisdiction over the subject matter is conferred
by law which may either be the Constitution or a
statute (City of Dumaguete vs. PPA, 659 SCRA 102, 119).
Only statute can confer jurisdiction (BF Homes, Inc.,
vs Meralco, 636 SCRA 495, 510).
 NOTE:
 If one wants to know the jurisdiction of the court, he
must look into the law on jurisdiction not the rules of
court or any procedural rule.
If jurisdiction over the subject matter is
conferred by law, then:
 It cannot be subject of agreement of the parties.
 It cannot be acquired, waived, enlarged, or diminished by
any act or omission of the parties.
 It cannot be conferred by acquiescence by the court.
 READ:
 Republic vs. Estipular, 336 SCRA 333, 340
 De Jesus vs. Garcia, 19 SCRAS 554, 558
 Arranza vs. BF Homes, 336 SCRA 333, 340
 How is jurisdiction over the subject
matter determined?
 It is determined by the allegations in the complaint,
as well as by the character of the relief sought
(Geronimo vs. Calderon, GR No. 201781, December 10, 2014;
Cabling vs. Dangcalan, GR No. 187696, June 15, 2016).
 This is regardless of whether or not the plaintiff is
entitled to recover all or some of the claims or
reliefs sought therein (Continental Micronesia, Inc., vs. Basco,
GR Nos. 178382-83, September 23, 2015; Barangay Mayamot
vs. Antipolo City, GR No. 187349, August 17, 2016)
THUS:
 Caption of the case is not controlling (Sps. Erotica
vs. Sps. Dumlao, GR no. 195477, January 25, 2916).
 Defenses and evidence do not determine
jurisdiction (Balibago Faith Baptis Church, Inc., Faith in
Christ Jesus Baptist church, GR No. 191527, August 22,
2016).
 The amount awarded does determine
jurisdiction (Dionisio vs. Sison Puerto, 60 SCRA 471,
477).
What if the defendant in an ejectment case raise the issue
of tenancy in his answer, should the court dismiss the case
for lack of jurisdiction?

 While the MTC does not lose its jurisdiction over an

ejectment case by defendant’s alleging the existence
of tenancy relationship, yet, if after the hearing,
tenancy had in fact been shown, the court should
dismiss the case for lack of jurisdiction (De la Cruz, vs.
CA, 510 SCRA 103, 116).
 READ also:
 Velasquez vs. Cruz, GR No. 191479, September 21, 2015.
 When may jurisdiction be
challenged?

In the motion to dismiss (Sec. 1[b], Rule 16, RC).

It may be raised at any stage of the proceeding,

even for the first time on appeal (Calimlim vs.
Ramirez, 118 SCRA 399; Pangilinan vs. CA, 321 SCRA 51).
 The application of the doctrine of
estoppel on objection to jurisdiction
 The doctrine of estoppel by laches was initially
emphasized in the doctrinal case of Tijam vs.
Sibonghanoy, 23 SCRA 29. Here, the SC barred a
belated objection to jurisdiction because the party
questioned the jurisdiction only when an adverse
decision is rendered and because the party raised
only the issue after 15 years. The party participated
in all stages of the proceedings and sought affirmative
relief from the court.
Please take note:
 Estoppel by laches may only be invoked to bar the
defense of lack of jurisdiction if the factual milieu
is analogous to Tijam vs. Sibonghanoy (Sps. Erorita vs.
Sps. Dumlao, GR 195477, January 25, 2016).
 The contention that the defense of lack of
jurisdiction may be waived by estoppel through
the active participation in the trial is not the
general rule, but an exception, best characterized
by the circumstances in Tijam vs. Sibonghanoy
(Mangaliag vs. Catubig-Pastoral, 474 SCRA 153, 162).
 B. Jurisdiction over the parties
 Jurisdiction over the parties refers to the power of
the court to make decisions that are binding on
persons (De Pedro vs. Romasan, GR No. 194751, November
26, 2014).

 It is the legal power of the court to render a

personal judgment against the party to an action
or proceeding (Black’s Law Dictionary, 5th Ed., 767, cting
Imperial vs. Hardy, La 302 So.2d 5, 7, cited in Riano, Civil
Procedure, 2016).
 Illustration
 Guy vs. Gacott, GR No. 206147, January 13, 2016.
 Plaintiff filed an action against a supposed corporation.
Judgment was rendered in favour of the plaintiff and the
judgment became final and executory. When the writ of
execution was about to be implemented, plaintiff found out
that the defendant corporation is not really a corporation
but a partnership. The sheriff found properties owned by the
partners and attached the same.
 Is it proper for the sheriff to attach the properties of the
partner?
 Illustration
 NO.
 A partnership is a juridical entity that has a distinct and separate
personality from the persons composing it.
 In relation to the rules of civil procedure, it is elementary that a
judgment of a court is conclusive and binding only upon the
parties and their successors-in-interest after the
commencement of the action in court.
 A decision rendered on a complaint in a civil action or proceeding
does not bind or prejudice a person not impleaded therein, for no
person shall be adversely affected by the outcome of a
civil action or proceeding in which he is not a party (Guy
vs. Gacott, supra).
 How is jurisdiction over the
parties acquired?

Plaintiff Defendant
Voluntary appearance and submission to
Filing of the the authority of court
complaint or petition - Seeking an affirmative relief
Except: Motion to Dismiss due to Lack of
Jurisdiction ( Abudandi Ad cautelam/ with
extreme/ abundant caution)

Service of summons
When is there voluntary appearance?
 To constitute voluntary appearance, it must be the kind that
amount to voluntary submission to the jurisdiction of the
court. Submission to the jurisdiction of the court takes the
form of appearance that seeks affirmative relief except
when the relief sought is for the purpose of objecting to
the jurisdiction of the court over the person of the
defendant.
 Thus, if he participates in the trial despite defective service
of summons the same amounts to voluntary appearance (De
Pedro vs. Romasan Development, GR 194751, November
26, 2014).
Please take note:

 Rule 14, Sec. 20. Voluntary appearance. —

The defendant's voluntary appearance in the
action shall be equivalent to service of summons.
The inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction over
the person of the defendant shall not be
deemed a voluntary appearance.
 When is jurisdiction over the person of
the defendant required?

 Jurisdictionover the person of the defendant

is required in an action in personam.

 However, jurisdiction over the person of the

defendant is not required in an action in rem
or quasi in rem.
 Action in personam, in rem & quasi in rem

Action in personam Action in rem Action in quasi in rem

An action in personam is An action in rem is an An action quasi in rem is one

an action against a action against the thing wherein an individual is
named as defendant and the
person in the basis of his itself, instead of against purpose of the proceeding is
personal liability. the person. to subject his interest therein
to the obligation or lien
burdening the property.
 When is jurisdiction over the
defendant required?
 In an action in personam, jurisdiction over the person of the
defendant is necessary for the court to validly try and decide
the case (Asiavest Limited vs. CA, 296 SCRA 539, 552).

 However, in an action in rem or quasi in rem, summons must

be served upon the defendant, not for the purpose of vesting
the court with jurisdiction, but merely for satisfying due
process requirements (Biaco vs. Philippine Countryside
Rural Bank, 515 SCRA 106).
 C. Jurisdiction over the issues
 Jurisdiction over the issues is the power of the court to try
and decide the issues raised in the pleadings of the parties
(Reyes vs. Diaz, 73 Phil.484).

 An issue is a disputed point or question to which parties to

an action have narrowed down their several allegations and
upon which they are desirous of obtaining a decision
(Black’s Law Dictionary).

 Where there is no disputed point, there is no issue.

 How is jurisdiction over the issues
conferred and determined?
 Jurisdiction over the issue is conferred and determined by
the allegations in the pleadings of the parties. The pleadings
present the issues to be tried and determine whether not
the issues are of fact or of law.
 An issue arise because a material allegation of a claiming
party is specifically denied by the defending party.
 Jurisdiction over the issue may be determined by the
stipulation of the parties during pre-trial (Sec. 2, Rule 18)
 Jurisdiction over the issue may also be conferred by waiver
or failure to object to the presentation of evidence on the
matter not raised in the pleading (Sec. 5, Rule 10)
 D. Jurisdiction over the res

 Jurisdiction over the res refers to the court’s jurisdiction

over the thing or the property which is the subject of
the action. This type of jurisdiction is necessary when the
action is one in rem or quasi in rem.

 When the action is action in personam, the jurisdiction

over the res is not sufficient to authorize the court to
render judgment against the defendant. In an action in
personam, jurisdiction over the person is required.
How is jurisdiction over the res acquired?

 It may be acquired by placing the property or thing under

the custody of the court.
 It may also be acquired by the court through statutory
authority conferring upon it the power to deal with the
property or thing.

 READ:
 Banco Espanol-Filipino vs. Palanca, 37 Phil. 921,
927-928
 What is the extent of relief that may be
awarded in action in rem and quasi in rem?

 Any relief granted in rem or quasi in rem

actions must be confined to the res, and the
court cannot lawfully render judgment
against the defendant (Banco do Brasil
vs. CA, 333 SCRA 545, 558).
 Jurisdiction of the Supreme Court
 Exclusive original jurisdiction (4Cs)
 Petition for certiorari, prohibition and mandamus against:
 1) CA;
 2) Comelec;
 3) COA;
 4) Sandiganbayan;
 5) CTA
 Concurrent original jurisdiction ( CPM)
 Petition for certiorari, prohibition and mandamus against:
 1) RTC (Sec. 21[1], BP 129); 2) CSC (RA 7902); 3) NLRC (But: see, St. Martin
Funeral Homes vs. NLRC, 295 SCRA 494); 4) other quasi-judicial bodies (Heirs
of Hinog vs. Melicor, 455 SCRA 460).
 Jurisdiction of the Supreme Court
 Concurrent original jurisdiction
 Concurrent original jurisdiction with the CA and RTC in
Petition for certiorari, prohibition and mandamus against
lower courts and bodies and in petitions for quo warranto
and habeas corpus.
 Concurrent original jurisdiction with the RTC in cases
affecting ambassadors, public ministers and consuls (Sec.
21[2], BP 129; Sec. 5,Art.VII, 1987 Constitution).
 NOTE: in all cases within the SC’s original and concurrent
jurisdiction, the rule of hierarchy of courts apply (Liga ng
mga Barangay vs.Atienza, 420 SCRA 562)
 Jurisdiction of the Supreme Court
 Appellate jurisdiction ( CSCR)
 By way of petition for review on certiorari under Rule 45 over
decisions and final orders of:
◦ Court of Appeals
◦ Sandiganbayan
◦ CTA en banc
◦ Regional Trial Court
 Cases involving the constitutionality or validity of a law, treaty,
international or executive agreement, presidential decree,
proclamation, order, instruction, ordinance or regulation, legality of a
tax, impost, assessment, or penalty, jurisdiction of lower court (Sec.
5, Art.VIII).
 LTI EPP ORO I TAX LAWS. JURISDICTION OF LC
 Jurisdiction of the Court of Appeals

Exclusive original • Annulment of judgments of the RTC (Sec.

9[2], BP 129, as amended). RULE 47 provides
jurisdiction for procedure only.

Concurrent
original jurisdiction • Petition for certiorari, prohibition, mandamus
against: RTC, CSC, other QJA, NLRC
with SC

Concurrent
original jurisdiction • Petition for certiorari, prohibition, mandamus,
quo warranto and habeas corpus
with SC and RTC
Jurisdiction of the Court of Appeals

• Appeal from judgments of RTC.

• Petition for review from judgments
Exclusive of QJA’s, CSC, Ombudsman
(Gonzales vs. Rosas, 423 SCRA
appellate 488, 494).
jurisdiction • Appeal from decisions of MTC in
cadastral or land registration cases
(Sec. 34, BP 129).
 May the Court of Appeals receive
evidence on appeal?
 YES.

 The court of Appeals shall have the power to try

cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve
factual issues raised in cases falling within its
original and appellate jurisdiction (Section 9, BP
129 as amended).
 Jurisdiction of the Regional Trial Court
(Exclusive Original)
(1) In all civil actions in which the subject of the litigation is incapable
of pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the
property involved exceeds Twenty thousand pesos (P20,000.00) or for
civil actions in Metro Manila, where such the value exceeds Fifty
thousand pesos (50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which
is conferred upon Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
 Jurisdiction of the Regional Trial Court
(Exclusive Original)
(3) In all actions in admiralty and maritime jurisdiction where
he demand or claim exceeds One hundred thousand pesos
(P300,000.00) or, in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos (400,000.00).

(4) In all matters of probate, both testate and intestate, where

the gross value of the estate exceeds One hundred thousand
pesos (P300,000.00) or, in probate matters in Metro Manila,
where such gross value exceeds Two Hundred thousand pesos
(P400,000.00).
 Jurisdiction of the Regional Trial Court
(Exclusive Original)

(5) In all actions involving the contract of marriage and marital

relations; * It is now with the Family Court (Section 5, RA 8369).

(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations
Court and of the Court of Agrarian Relations as now provided by law;
* It is now with the Family Court (Section 5, RA 8369).
 Jurisdiction of the Regional Trial Court
(Exclusive Original)

(8) 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 One hundred thousand pesos
(P300,000.00) or, in such other cases in Metro Manila,
where the demand exclusive of the abovementioned items
exceeds Two Hundred thousand pesos (P400,000.00).
 Jurisdiction of the Regional Trial Court
(Concurrent Original)
1. With the SC in actions affecting ambassadors, other
public ministers, and consuls (Sec. 21[2], BP 129, as
amended; Sec. 5, Art.VIII, Constitution).

2. With the SC and CA in petitions for certiorari,

prohibition and mandamus against lower courts and
bodies and in petition for quo warranto and habeas
corpus (Sec. 21[1], BP 129; Sec. 9[1], BP129)
 Jurisdiction of the Regional Trial Court
(Appellate Jurisdiction)

Over all cases decided by the First Level Courts in their

respective territorial jurisdiction (Sec. 22, BP 129, as
amended).
 Jurisdiction over intra-corporate
controversies

 The jurisdiction of SEC over Sec. 5, PD 902-A was

transferred to the courts of general jurisdiction or to the
proper Regional Trial Court (Gonzales vs. GJH Land,
Inc., GR No. 202664, November 10, 2015 ).
 Section 5, PD No. 902-A
 Devices or schemes employed by, or any acts of the board of
directors, business associates, its officers or partners, amounting to
fraud and misrepresentation which may be detrimental to the
interest of the public and/or of the stockholder, partners, members
of associations or organization registered with the Commission;

 (b) Controversies arising out of intra-corporate or partnership

relations, between and among stockholders, members or associates;
between any or all of them and the corporation, partnership or
association of which they are stockholders, members or associates,
respectively; and between such corporation, partnership or
association and the State insofar as it concerns their individual
franchise or right as such entity;
 Section 5, PD No. 902-A
 (c) Controversies in the election or appointment of directors,
trustees, officers or managers of such corporations, partnership or
associations;

 d) Petitions of corporations, partnerships or associations to be

declared in the state of suspension of payment in cases where the
corporation, partnership or association possesses sufficient
property to cover all its debts but foresees the impossibility of
meeting them when they respective fall due or in cases where the
corporation, partnership or association has no sufficient assets to
cover its liabilities but is under the management of a Rehabilitation
Receiver or Management Committee created pursuant to this
Decree.
 Analysis of some cases under the
jurisdiction of RTC
 Action incapable of pecuniary estimation
 It is an action whose principal purpose or remedy sought is not to
recover a certain sum of money. Where the basic issue is something
other than the right to recover a sum of money, or the money claim
is merely incidental to the principal relief, the action is incapable of
pecuniary estimation (Russel vs. Vestil, 304 SCRA 739; Bgry. San
Roque vs. Heirs of Pastor, 334 SCRA 127, 132-133).

 TAKE NOTE:

 In determining the nature of the action, the allegations in the

complaint and the relief prayed for must be considered (Bgry. Piapi
vs.Talip, 496 SCRA 409, 413).
 Examples of an action incapable of
pecuniary estimation
 A complaint for expropriation is incapable of pecuniary
estimation (Bgry. San Roque vs. Heirs of Pastor, 334
SCRA 127, 132-133).
 An action seeking to annul a resolution of a GOCC is an
action incapable of pecuniary estimation (Polomok
Water District vs. Polomok General Consumers Assn.,
Inc., 636 SCRA 647, 652-653).
 An action for specific performance (Russel vs. Vestil, 304
SCRA 738, 745).
 Examples of an action incapable of
pecuniary estimation
 An action that seeks to from the defendant the execution of the
deed of absolute sale based on contract which they had previously
made is an action for specific performance, and hence, an action
incapable of pecuniary estimation. This is the case although the end
result of the plaintiff’s claim was the transfer of the subject
property to his name (Sps. Saraza vs. Francisco, GR No. 198718,
November 27, 2013).
 An action to enforce the right to repurchase is an action for specific
performance, hence, an action incapable of pecuniary estimation
(Heirs of Bautista vs. Lindo, GR No. 208232, March 10, 2014).
 An action to enjoin the survey of the land is an action incapable of
pecuniary estimation (Republic vs. Principalia management and
Personnel Consultant, GR No. 198426, September 2, 2015).
 Examples of an action incapable of
pecuniary estimation

Jurisprudence • Action for specific performance

rules that • Action for support
these actions • Right to support
are incapable • Annulment of decision of lower courts
• Rescission or reformation of contracts
of pecuniary • Interpretation of contractual obligation
estimation:
Heirs of Bautista vs. Lindo, GR No.
208232, March 10, 2014
BUT:
 An action for specific performance and damages was filed by
the buyers for the seller to execute a deed of absolute sale
in favour of the plaintiff, but it was later on found out that
the subject real property was already transferred to a third
person, the amendment of the complaint to specific
performance and/or reconveyance, and damages is not
anymore an action for specific performance but a real action
(Sps. Trayvilla vs. Sejas, GR No. 204970, February 1,
2016).
 Action for partition of real property is a real action (Barrido
vs. Nonato, GR No. 176492, October 20, 2014).
 Jurisdiction of the Family Courts
Section 5, RA 8369
 a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
years of age or where one or more of the victims is a minor
at the time of the commission of the offense: Provided, That
if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused
may have incurred. The sentence, however, shall be
suspended without need of application pursuant to
Presidential Decree No. 603, otherwise known as the "Child
and Youth Welfare Code";
 b) Petitions for guardianship, custody of children, habeas
corpus in relation to the latter;
 Jurisdiction of the Family Courts
Section 5, RA 8369
 c) Petitions for adoption of children and the
revocation thereof;
 d) Complaints for annulment of marriage,
declaration of nullity of marriage and those relating
to marital status and property relations of husband
and wife or those living together under different
status and agreements, and petitions for dissolution
of conjugal partnership of gains;
 e) Petitions for support and/or acknowledgment;
 Jurisdiction of the Family Courts
Section 5, RA 8369
 f) Summary judicial proceedings brought under the provisions of
Executive Order No. 209, otherwise known as the "Family Code
of the Philippines";
 g) Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children; the suspension, termination,
or restoration of parental authority and other cases cognizable
under Presidential Decree No. 603, Executive Order No. 56,
(Series of 1986), and other related laws;
 h) Petitions for the constitution of the family home;
 Jurisdiction of the Family Courts
Section 5, RA 8369
 i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;
 j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against
Abuse, Exploitation and Discrimination Act," as
amended by Republic Act No. 7658; and
 k) cases of domestic violence against women and
children
 Jurisdiction of the First Level Court
(Section 33, BP 129, as amended)
 (1) Exclusive original jurisdiction over 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 One hundred
thousand pesos (P300,000.00) or, in Metro Manila where such
personal property, estate, or amount of the demand does not
exceed Two hundred thousand pesos (P400,000.00) exclusive of
interest damages of whatever kind, attorney's fees, litigation
expenses, and costs, the amount of which must be specifically
alleged:
 Provided, That where there are several claims or causes of action
between the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes
of action arose out of the same or different transactions;
 Jurisdiction of the First Level Court
(Section 33, BP 129, as amended)

 (2) Exclusive original jurisdiction over cases of forcible

entry and unlawful detainer: Provided, That when, in
such cases, the defendant raises the question of
ownership in his pleadings and the question of
possession cannot be resolved without deciding the issue
of ownership, the issue of ownership shall be resolved
only to determine the issue of possession.
 Jurisdiction of the First Level Court
(Section 33, BP 129, as amended)

 (3) Exclusive original jurisdiction in all civil actions which

involve title to, or possession of, real property, or any
interest therein where the assessed value of the
property or interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil actions in Metro
Manila, where such assessed value does not exceed Fifty
thousand pesos (P50,000.00) exclusive of interest, damages
of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be
determined by the assessed value of the adjacent lots
 TAKE NOTE:
The jurisdictional amount does not
include:

Interest

Damages of whatever
Sec. 33[1], BP 129 kind

Attorneys fees

Litigation expenses

Costs
TAKE NOTE:

 The exclusion of the term "damages of whatever kind" in

determining the jurisdictional amount, applies to cases
where the damages are merely incidental to or a
consequence of the main cause of action. However, in
cases where the claim for damages is the main
cause of action, or one of the causes of action, the
amount of such claim shall be considered in determining
the jurisdiction of the court (Sante vs. Claravall, GR
No. 173195, February 22, 2010).
 What is the meaning of interest?
 Since the interest on the loan is a primary and inseparable
component of the cause of action, not merely incidental
thereto, and already determinable at the time of filing of the
Complaint, it must be included in the determination of which
court has the jurisdiction over petitioner's case (Gomez vs.
Montalban, 548 SCRA 693).

 THUS:

 If interest is only incidental, then it should not be included in

the determination of the jurisdictional amount.
 What is the totality rule?

 Where there are several claims or causes of action

between the same or different parties,
embodied in the same complaint, the amount of
the demand shall be the totality of the claims in all
the causes of action, irrespective of whether the
causes of action arose out of the same or different
transactions (Section 33, BP, 129).
 Does the MTC have jurisdiction over
settlement of estate?
 YES.
 Exclusive original jurisdiction over 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 One hundred thousand pesos (P300,000.00) or,
in Metro Manila where such personal property, estate, or
amount of the demand does not exceed Two hundred
thousand pesos (P400,000.00) exclusive of interest damages
of whatever kind, attorney's fees, litigation expenses, and
costs (Section 33, BP, 129).
 Delegated jurisdiction of the MTC
(Section 34, BP 129, as amended)
 Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts may be assigned by the
Supreme Court to hear and determine cadastral or land
registration cases covering lots where there is no
controversy or opposition, or contested lots the
where the value of which does not exceed One
hundred thousand pesos (P100,000.00), xxxxxx
Their decisions in these cases shall be appealable
in the same manner as decisions of the Regional
Trial Courts. COURT OF APPEALS
 Special jurisdiction of the MTC

 Inthe absence of all the Regional Trial Judges in a

province or city, any Metropolitan Trial Judge,
Municipal Trial Judge, Municipal Circuit Trial Judge
may hear and decide petitions for a writ
of habeas corpus or applications for bail in
criminal cases in the province or city where the
absent Regional Trial Judges sit (Section 34, BP 129,
as amended).
 Actions involving “title”, “interest” and
“possession” (TIP) in real property -
“REAL ACTION”
 Preliminary Note:
 In determining the nature of the action, the allegations in the
complaint and the relief prayed for must be considered
(Bgry. Piapi vs.Talip, 496 SCRA 409, 413).
 Thus, in determining whether the action is a real action or
personal action the allegations in the complaint and the relief
prayed for must be considered.
 The determination of whether an action is real or personal
action is material to determine:
 1) Jurisdiction; 2) Venue and. 3) Amount of filing fee
 Actions involving “title”, “interest” and
“possession” (TIP) in real property –
“REAL ACTION”
 An action “involving title to real property” means that the
plaintiff’s cause of action is based on a claim that he owns
such property or that he has legal rights to have exclusive
control, possession, enjoyment, or disposition of the same.
“Title” is the link between 1) a person who owns property,
and 2) the property itself (Heirs of Sebe vs. Heirs of
Sevilla, 603 SCRA 395, 404; Padlan vs. Dinglasan 694
SCRA 91, 100, March 20, 2013).
Please consider:
 Before the amendment of BP 129, there is no distinction
between real action and action incapable of pecuniary
estimation. Both actions are within the jurisdiction of the
RTC. With the amendment of BP 129, there is now need
to distinguish the two actions considering that not all
real actions are cognizable by the RTC. The assessed
value of the real property has to be determined in order
to know which court has jurisdiction (Heirs of Concha
vs. Sps. Lumocso, 540 SCRA 1).
Examples of REAL ACTION
An action to quite title

An action for reconveyance of

real property

An action for reconveyance of

possession of real property

Accion publiciana

Accion reinvnidicatoria
 Need to inquire into the primary or
ultimate objective of the complaint
 Where the ultimate objective of the plaintiffs is to obtain
title to real property, it should be filed with the proper court
having jurisdiction over the assessed value of the property
subject thereof (Bgry. Piapi vs.Talip, 469 SCRA 409, 413).
 READ:
 De Vera vs. Sps. Santiago, GR No. 179457, June 22, 2015
 De Leon vs. CA, 278 SCRA 94
 Maslag vs. Monzon, GR No. 174908, June 17, 2013
 Heirs of Sebe vs. Heirs of Sevilla, 603 SCRA 395, 402-403
 What is the basis of jurisdiction
in real action?
 The basis is the assessed value of real property. As between the
estimated value of the land and the assessed value as reflected in
the Tax Declaration, the latter should prevail. (Geonzon Vda de
Barrera vs. Heirs of Vicente Legaspi, 565 SCRA 192).
 The assessed value must be alleged, otherwise the Court will
dismiss the case (Quinagoran vs. CA, 531 SCRA 104, 113-114;
Cabling vs. Dangcalan, GR No. 187696, June 15, 2016).
 But, even if the assessed value of the land is not alleged in the
complaint, but the tax declaration is attached thereto, the court can
still assess the amount (BSP vs. Legaspi, GR No. 205966, March
2, 2016).
PLEASE NOTE:

 Incases of land not declared for taxation purposes,

the value of the property shall be determined by the
assessed value of the adjacent lot (Section 33[3].
BP 129, as amended; Cabling vs. Dangcalan).
 VENUE
 Venue is the place or the geographical area in which a
court with jurisdiction may hear and determine a case or
the place where a case is to be tried (Black’s Law
Dictionary; City of Lapu-Lapu vs. PEZA, GR No.
184203, November 26, 2014).

 Venue in civil cases is procedural and not substantive.

Thus, it may be waived or subject to agreement of the
parties.
 How is jurisdiction distinguished
from venue?
 Jurisdiction refers to the authority of the court to hear and
decide the case; venue refers to the place where the case is
to be heard or tried.
 Jurisdiction is a matter of substantive law while venue, of
procedural law.
 Jurisdiction cannot be waived by the parties; venue may be
waived if not invoked either in a motion to dismiss or in the
answer.
 Jurisdiction is fixed by law; venue may be fixed by agreement
of the parties.
 Court may dismiss the action motu proprio in case of lack of
jurisdiction.
 How is jurisdiction distinguished
from venue?
 Jurisdiction refers to the authority of the court to hear and
decide the case; venue refers to the place where the case is
to be heard or tried.
 Jurisdiction is a matter of substantive law while venue, of
procedural law.
 Jurisdiction cannot be waived by the parties; venue may be
waived if not invoked either in a motion to dismiss or in the
answer.
 Jurisdiction is fixed by law; venue may be fixed by agreement
of the parties.
 Court may dismiss the action motu proprio in case of lack of
jurisdiction.
 What is the basic consideration in
determining venue of the action?
 The venue of the action would be determined is the determination
of whether an action is real or personal.

 SECTION 1. Venue of Real Actions. — Actions affecting title to

or possession of real property, or interest therein, shall be
commenced and tried in the proper court which has jurisdiction
over the area wherein the real property involved, or a portion
thereof, is situated (Rule 4).
 SECTION 2. Venue of Personal Actions. — All other actions
may be commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the
principal defendants resides, or in the case of a non-resident
defendant where he may be found, at the election of the plaintiff.
(Rule 4).
 Venue of Actions
 Forcible entry and detainer actions shall be
commenced and tried in the Municipal Trial Court of the
municipality or city wherein the real property involved, or a
portion thereof, is situated (Section 1, Rule 4).
 Against non-resident - If any of the defendants does not
reside and is not found in the Philippines, and the action
affects the personal status of the plaintiff, or any property of
said defendant located in the Philippines, the action may be
commenced and tried in the court of the place where the
plaintiff resides, or where the property or any portion
thereof is situated or found (Section 3, Rule 4).
 Venue in personal actions
 SECTION 2. Venue of Personal Actions. — All other
actions may be commenced and tried where the plaintiff
or any of the principal plaintiffs resides, or where
the defendant or any of the principal defendants
resides, or in the case of a non-resident defendant
where he may be found, at the election of the plaintiff.
(Rule 4).
 What is the meaning of “residence”
in personal action?
 It means the place of abode, whether permanent of
temporary, of the plaintiff or the defendant, as distinguished
from “domicile” which denotes a fixed permanent residence
to which, when absent, one has the intention of returning
(Dangwa Transporation Company vs. Sarmiento, GR No.
L-22795, January 31, 1977).
 Residence of a domestic corporation is the place within the
Philippines, where its principal office is located (Section
14[3], Corporation Code; Cohen vs. Benguet
Commercial Co., 34 Phil. 526).
 Venue in real action
 SECTION 1. Venue of Real Actions. — Actions
affecting title to or possession of real property, or
interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof,
is situated (Rule 4).
 Forcible entry and detainer actions shall be
commenced and tried in the Municipal Trial Court of the
municipality or city wherein the real property involved,
or a portion thereof, is situated (Section 1, Rule 4)
 Venue in real action
 READ:

 Gochan vs. Gochan, 372 SCRA 256 – where the

complaint is denominated as one for specific
performance, but nonetheless prays for issuance of a
deed of sale of a land to enable the plaintiff to
acquire ownership thereof, its primary objective and
nature is one to recover the parcel of land itself and
thus, is deemed a real action.
 Venue in real action
 READ:

 Samson vs Sps. Gabor, GR No. 182970, July 23,

2014 – the action is for the return of the property or
its value on the basis of co-ownership. The Court held
that while the complaint of the petitioner is for the
recovery of the property or its value, the said
complaint is actually anchored on plaintiffs’ claim of
ownership over a portion of the real property of the
subject property. Hence, a real action.
 Venue in real action
 Sps. Saraza vs. Francisco, GR No. 198718, November
27, 2013
 As to the issue of venue, the petitioners' argument that the
action should have been instituted with the RTC of Makati
City, and not the RTC of Imus, Cavite, is misplaced. Although
the end result of the respondent's claim was the transfer of
the subject property to his name, the suit was still essentially
for specific performance, a personal action, because it sought
Fernando's execution of a deed of absolute sale based on a
contract which he had previously made.
 Venue in real action
 BPI Family Savings Bank, Inc. vs. Yujuico, GR
No. 175796, July 22, 2015
 Based on the distinctions between real and personal
actions, an action to recover the deficiency after the
extrajudicial foreclosure of the real property
mortgage is a personal action, for it does not affect
title to or possession of real property, or any
interest therein.
 When will the rule on venue not apply?

 SECTION 4. When Rule not Applicable. — This

Rule shall not apply —

 (a) In those cases where a specific rule or law

provides otherwise; or
 (b) Where the parties have validly agreed in writing
before the filing of the action on the exclusive venue
thereof.
 Stipulations on venue
 The parties may agree on a specific venue which
could be in a place where neither of them resides
(Universal Robina Corporation vs. Lim, 535
SCRA 95, 99).
 In real actions, like unlawful detainer, the parties may
stipulate on a venue other than the place where the
real property is situated (Union Bank of
Philippines vs. Maunlad Homes, Inc., 678 SCRA
539, 550).
Requisites on stipulations on exclusive

It must be in writing

It must be made before filing of an action

The agreement must be exclusive

Agreement on venue may be:

• The suit can only be filed in

Restrictive the place agreed upon by the
parties.

• The place agreed upon is in

Permissive addition to the place
provided for in the Rules
 Illustration
 “Parties agree to sue and be sued in in courts of Manila” –
the SC ruled that it is not restrictive but only permissive
(Polytrade Corp. vs. Blanco, 30 SCRA 187).

 “All suits arising out of this agreement shall be filed within

the proper courts of Quezon City” – SC ruled that it is only
permissive (Unimasters Conglomeration, Inc., vs. CA, 267
SCRA 759, 776).

 “The agreed venue shall be in the City of Manila – permissive

(Mangila vs. CA, 387 SCRA 162, 174-175).
NOTE: to make it exclusive there must
words with respective meaning
 Examples of words with restrictive meanings
are: “only”, “solely”, “exclusive in this court”,
“in no other courts, save..”, “particularly”, “no
where else but/except” or words of equal
import (Pacific Consultants International
Asia, Inc., vs. Schonfeld, 516 SCRA
209,229).
PLEASE TAKE NOTE:

A restrictive stipulation on venue is not

binding when the validity of the contract is
assailed (Briones vs. CA, GR No. 204444,
January 14, 2015).
PLEASE TAKE NOTE:
 There is no motu propio dismissal based on
improper venue (Republic vs. Glasgow
Credit and Collection Services, 542 SCRA
95, 101).
 Except cases under the rules on summary
procedure (Sec. 4, Summary Procedure;
Sec. 9,A.M. No. 08-8-7, SC).
CIVIL ACTIONS
 Classification of Civil Actions

• Ordinary Civil Action

As to
Nature • Special Civil Action
 What is civil action?
 It is one by which a party sues another for the
enforcement or protection of a right. (Sec.
3(a), Rule 1)
 If it is governed by the rules on ordinary
civil action, then is it ordinary civil action.
If there is special rules for a particular action,
then it is special civil action.
 Examples of Special Civil Action
 Interpleader (Rule 62)
 Declaratory Relief (Rule 63)
 Certiorari, Prohibition, Mandamus (Rule 65)
 Quo warranto (Rule 66)
 Expropriation (Rule 67)
 Foreclosure of mortgage (Rule 68)
 Partition (Rule 69)
 Forcible Entry and Unlawful detainer (Rule 70)
 Contempt (Rule 71)
 Classification of Civil Actions

As to • Real Action
Cause of
Foundation • Personal Action
 What is real/personal action?
It is an action which affects
title to or possession of If it is not real action, then
real property, or an it is personal action. (Sec.
interest therein (Sec. 1, 2, Rule 4)
Rule 4)

Unlawful detainer,
Breach of contract,
accion publiciana,
sum of money,
accion reinvindicatoria,
recovery of personal
action to quiet title,
property
reconveyance.
 Illustration
 An action for the nullity of marriage is a personal action
(Tamano vs. Ortiz, 292 SCRA 584, 588).
 An action for specific performance with damages is a
personal action as long as it does not involve a claim or
recovery of ownership, title, to real property (Siasoco vs.
CA, 303 SCRA 186).
 Where complaint is for specific performance but prays for
the issuance of deed of sale over a parcel of land to enable
the plaintiff to acquire ownership thereof, it is a real action
(Gochan vs. Gochan, 372 SCRA 256, 264).
 Illustration
 Annulment of sale of real property is a real action
(Emergency Loan Pawnshop, Inc., vs. CA. 353 SCRA
89, 91).
 An action to foreclose a real estate mortgage is a real action,
but an action to compel the mortgagee to accept payment of
the mortgage debt and release the mortgage is a personal
action (Hernadez vs. Rural Bank of Lucena, 81 SCRA
75, 84)
 An action to annul a contract of loan and its accessory real
estate mortgage is a personal action (Chua vs. Total Office
Products and Services, 471 SCRA 500, 507).
Please take NOTE:
 Not all actions involving real property are real
actions.
 Although the end result of the respondent's claim was
the transfer of the subject property to his name, the
suit was still essentially for specific performance, a
personal action, because it sought Fernando's
execution of a deed of absolute sale based on a
contract which he had previously made (Spouses
Saraza, et al. v. Francisco, 722 Phil. 346, 357
(2013).
 Specified Contractors & Development, Inc.,
vs. Pobocan, GR No. 212472, January 11, 2018
 Petitioner and respondent agreed that for every condominium building
that respondent built for petitioner, respondent would be entitled to one
(1) unit thereof as part of the respondent’s compensation. Respondent
was able to build two (2) condominium units. However, petitioner
refused to execute deed of conveyance in order for the respondent to
transfer ownership over said two (20) condominium units.
 Respondent filed an action for specific performance in the RTC where he
resides. The petitioner filed a motion to dismiss on ground of lack of
jurisdiction as the action is real action and should have been filed in the
RTC where the real property is situated.
 What is the nature of the action?
 Specified Contractors & Development, Inc.,
vs. Pobocan, GR No. 212472, January 11, 2018
 That the end result would be the transfer of the subject units to
respondent's name in the event that his suit is decided in his favor is
"an anticipated consequence and beyond the cause for which the
action [for specific performance with damages] was instituted."
 Had respondent's action proceeded to trial, the crux of the
controversy would have been the existence or non-existence of the
alleged oral contract from which would flow respondent's alleged
right to compel petitioners to execute deeds of conveyance. The
transfer of property sought by respondent is but incidental to or an
offshoot of the determination of whether or not there is indeed, to
begin with, an agreement to convey the properties in exchange for
services rendered.
 Pacific Rehouse Corp. vs. Ngo,
GR No. 214934, April 12, 2016
 Petitioner entered into Deed of Conditional Sale with
Bautista. Petitioner complied with his obligation but Bautista
failed to execute to corresponding deed of absolute sale and
deliver the certificate of title to petitioner. Consequently,
petitioner filed a complaint for specific performance and
damages against Bautista. It also caused the annotation of the
notice of lis pendens on the certificate of title of the land in
the name of Bautista.While the case is pending Bautista died.
 The issue in this case is whether or not the case should be
dismissed on account of Bautista’s death as it is an action
that does not survive as it is personal to Bautista.
 Pacific Rehouse Corp. vs. Ngo,
GR No. 214934, April 12, 2016
 In the instant case, although the case involves a complaint for
specific performance and damages, a closer perusal of
petitioner's complaint reveals that it actually prays for, inter
alia, the delivery of ownership of the subject land through
Bautista's execution of a deed of sale and the turnover of
TCT No. T-800 in its favor. This shows that the primary
objective and nature of case is to recover the subject
property itself and thus, is deemed to be a real
action.
 Thus, if the claim in an action affects property and property
rights, then the action survives the death of a party-litigant.
Significance of the distinction between a
personal action and a real action

Determination of venue
of action
 Classification of Civil Actions

As to
• Local Action
the
place of • Transitory Action
filing
 Classification of Civil Actions

• Action in personam
As to • Action in rem
Object
• Action quasi in rem
 What is action in personam?
 It
is an action to enforce personal rights
and obligation against a person and is
based on the jurisdiction of a person. The
purpose of action in personam is to
impose through a judgment some
responsibility or liability directly upon the
person of the defendant.
May an action in personam be at the
same time a real action?

 Yes, it the action will impose personal

liability on a person with respect to a
particular real property (Munoz vs.
Yabut, 650 SCRA 344).
 What is an action in rem?
 Itis an action against the thing (res) itself,
rather than against a person. It is not just
binding on a particular person, but it is binding
against the whole world.

 Exs. Land registration cases, declaration of

nullity of marriage, action for recognition.
 What is action quasi in rem?
 Itis an action where an individual is named as
defendant and the purpose of the proceeding is
to subject his interest therein to the obligation
or lien burdening the property.

 Exs. Complaint with attachment, foreclosure

actions, action for partition, action for accounting.
De Pedro vs. Romasan Development Corp.
GR No. 194751, November 26, 2014

 An action for annulment of title is a quasi in

rem. It is not an action against a person on
the basis of his personal liability but an action
that subjects a person’s interest over a
property to a burden. The action for
annulment of a certificate of title threatens
petitioner’s interest in the property.
 What is the significance of knowing action
in personal, action in rem and quasi in rem?

 The distinction is important to determine

whether or not jurisdiction over the person
of the defendant is required and consequently
the type of summons to be employed.
 Gomez vs. CA, 425 SCRA 98,103
 To resolve whether there was valid service of summons
on respondents, the nature of the action filed against
them must first be determined. As the Court explained in
Asiavest Limited vs. Court of Appeals (G.R. No.
128803, September 25, 1998, 296 SCRA 539, 552),
it will be helpful to determine first whether the action is
in personam, in rem, or quasi in rem because the rules on
service of summons under Rule 14 of the Rules of Court
of the Philippines apply according to the nature of the
action.
 Is notice or summons required in in rem
and quasi in rem actions?
 YES.
 Regardless of the nature of the action, proper service of
summons is imperative. A decision rendered without proper
service of summons suffers a defect in jurisdiction.
Respondent's institution of a proceeding for annulment of
petitioner's certificate of title is sufficient to vest the court
with jurisdiction over the res, but it is not sufficient for the
court to proceed with the case with authority and
competence (De Pedro vs. Romasan Development
Corp. GR No. 194751, November 26, 2014).
 May an in rem or quasi in rem action be
converted to action in personam?
 YES.
 "If the defendant appears, the cause becomes mainly a suit
in personam, with the added incident, that the property attached
remains liable, under the control of the court, to answer to any
demand which may be established against the defendant by the final
judgment of the court. But, if there is no appearance of the
defendant, and no service of process on him, the case becomes, in
its essential nature, a proceeding in rem, the only effect of which is
to subject the property attached to the payment of the demand
which the court may find to be due to the plaintiff." (Banco-
Espanol vs. Palanca, 37 Phil. 921, citing Cooper vs. Reynolds,
10 Wall., 308).
Please take NOTE:
 Summons by publication, as a general
rule, will not enable the court to
acquire jurisdiction over the person of
the defendant (Pantaleon vs. Asuncion, 105
Phil. 761, 765; Citizens Surety & Insurance Co., vs.
Melencio-Herrera, 38 SCRA 369; Magdalena
Estate vs. Nieto, 125 SCRA 758).
May summons by publication be made in
an action in personam?
 YES.
 Section 14. Service upon defendant whose identity or
whereabouts are unknown. — In any action where the
defendant is designated as an unknown owner, or the
like, or whenever his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service may, by
leave of court, be effected upon him by publication in a
newspaper of general circulation and in such places and
for such time as the court may order (Rule 14).
May summons by publication be made in
an action in personam?
 YES.
 Section 14. Service upon defendant whose identity or
whereabouts are unknown. — In any action where the
defendant is designated as an unknown owner, or the
like, or whenever his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service may, by
leave of court, be effected upon him by publication in a
newspaper of general circulation and in such places and
for such time as the court may order (Rule 14).
May summons by publication be made in
an action in personam?
 YES.
 Section 15. Extraterritorial service. — When the defendant does
not reside and is not found in the Philippines, and the action
affects the personal status of the plaintiff or relates to, or the
subject of which is, property within the Philippines, in which
the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest therein, or the
property of the defendant has been attached within the Philippines,
service may, by leave of court, be effected out of the Philippines by
personal service as under section 6; or by publication in a
newspaper of general circulation in such places and for such time as
the court may order x x x x, (Rule 14).
May summons by publication be made in
an action in personam?
 YES.
 Section 16. Residents temporarily out of the Philippines. —
When any action is commenced against a defendant who
ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be
also effected out of the Philippines, as under the
preceding section (Rule 14).
 Under the preceding section is Section 16.
CAUSE OF ACTION
 Cause of Action
 Rule:

 Everyordinary civil action must be based

on a cause of action (Sec. 1, Rule 2)
 Cause of Action
 What is a cause of action?

 Itis an act or omission by which a party

violates a right of another. (Sec. 2, Rule
2)
 Elements of Cause of Action

Right pertaining to plaintiff

Correlative Obligation of the defendant

Violation of plaintiff’s right

Damage suffered by plaintiff

Illustration
Contract of Loan

Culpa Aquiliana

Contract of Sale

Contract of
Lease
 Contract of Loan

 Right to collect
 Obligation to pay
 Violation none payment
 Damage cannot get back
his money
 Culpa Aquiliana

 Right to be safe
 Obligation to be diligent
 Violation due to negligence,
plaintiff was injured
 Damage hospitalization expenses
 Contract of Sale

 Right to be paid or demand delivery

 Obligation to pay or deliver
 Violation did not pay or deliver
 Damage did not receive the price or the
thing sold
 Cause of Action vs. Right of Action
 Cause of action is a  Right of action refers to
delict or wrong the right of the plaintiff
committed by the to institute the action
defendant  Right of action is
 Cause of action is regulated by procedural
created by substantive law
law  Right of action may be
 Cause of action may not taken away by stature of
be affected by estoppel, limitation and estoppel.
or statute of limitation
When can we say that a complaint states
a cause of action?
A complaint states a cause of action if it sufficiently
avers the existence of the four (4) essential
elements of a cause of action. If the allegations
do not state the concurrence of these
elements, the complaint become vulnerable
to a motion to dismiss on the ground of
failure to state a cause of action (Westmont
Bank vs. Funai Philippines Corp., GR No. 175733, July
8, 2015).
Failure to state a cause of action vs. Lack
of cause of action
 Failure to state a cause of action pertains to the insufficiency in the
allegations in the action, while lack of cause of action pertains to
insufficiency of evidence.
 Failure to state a cause of action is a ground for a motion to dismiss
under Rule 16, while lack of cause of action is a ground for
demurrer to evidence.
 The dismissal due the failure to state a cause of action does not
constitute res judicata, while the dismissal on the ground of lack of
cause of action is a decision on the merits, thus, res judicata.
 The motion to dismiss based on failure to state a cause of action is to
be filed before answer while motion to dismiss based on lack of cause
of action is to be filed after the plaintiff has rested its case.
What is the test to determine whether a
complaint state a cause of action of not?

 If the court can render a valid judgment based on the

allegation in the complaint, the complaint states a cause
of action.
 As a general rule, evidence aliunde should not be
considered. But annexed documents to the complaint may
be considered because they are part of the complaint (Sea
Land Service, Inc., vs. CA, 327 SCRA 135; Alberto
vs. CA, 334 SCRA 756).
 Splitting of Action
 Rule:

A party may not institute more than

one suit for a single cause of action
(Sec. 2, Rule 2).
 Splitting of Action

Asingle cause of action may give rise to

several remedies. The availment of these
remedies is prohibited as it is
tantamount to splitting of cause of
action.
 Splitting of Action
Recto Law
• Rescind the contract
• Exact fulfilment of obligation
• Foreclose the mortgage
Loan with mortgage
• Foreclose the mortgage
• Action for collection
 Illustration 1
 A, by means of force and intimidation, was
able to gain entry into the land of B. A
retained possession of the land of B for 5
years. B lost income from such
dispossession in the amount of 2M.
 Two cases cannot be filed: 1) for
recovery of possession. 2) for recovery of
damages for lost income.
 Illustration 1
A enters into contract with B. There
are three obligations in the contract: 1)
to deliver 100 sacks of rice; 2) to deliver
a car and 3) to deliver 100 sacks of
corn.All obligations are due.
 Can A filed three suits for the three
stipulations in the Contract? No.
 Rule 1

A contract embraces only one cause of

action even if it contains several
stipulations because it may be violated
only once.
 Illustration 2
A obtained a loan from B for the principal
amount of 400,000 payable in 4
installments to be paid annually starting in
December, 2016 and every December
thereafter. A failed to pay the first
installment.
 Can B file a collection case against A for
the installment not paid?
 Rule 2

A contract which provides for several

stipulations to be performed at different
times give rise to as many causes of
action as there are violations.
 Illustration 3
A obtained a loan from B for the principal
amount of 400,000 payable in 4
installments to be paid annually starting in
December, 2016 and every December
thereafter. A failed to pay all installments.
 Can B file a collection case against A for
the first installment not paid without
violating the rule on splitting a cause of
action?
 Rule 3

 Allobligations which have matured at

the time of the suit must be integrated
as one cause of action in one complaint,
and those not so included would be
barred.
 Cases
 Industrial Finance vs. Apostol, 177 SCRA
521 - A bank cannot file a civil action against
the debtor for collection of debt and then
subsequently file an action for foreclosure of
mortgage. This would be splitting a cause of
action. All obligations which have matured at
the time of the suit must be integrated as one
cause of action in one complaint, and those not
so included would be barred.
 Cases
 Progressive Development Corp. vs.
CA, 301 SCRA 637 – An action for
forcible entry should include not only
the plea for restoration of possession,
but also claims for damages arising out
of forcible entry. The claim for damages
cannot be filed separately.
 Cases
 CGR Corp vs. Treyes, GR No. 170916, April 27,
2007 – However, the rule does not apply to a
situation where the claim for damages arose out of
separate acts committed by the defendant after the
occupancy of the premises subject of the action.
The Court sustained the separate action for
damages and ruled that there was not litis pendencia
involved. The Court explained that the claim for
damages has no direct relation to the loss of
possession of the premises but resulted from acts
separate from forcible entry.
 Cases
Tests singleness of
cause of action

Whether the same evidence would

support the first and second causes
of action.
Umale vs. Canoga
Park, 654 SCRA 155 Whether the defenses in one case
may be used to substantiate the
complaint in the other

Whether the cause of action in the

second case existed at the time of
the filing of the first complaint.
Umale vs. Canoga Park, 654 SCRA 155
 Plaintiff filed an action for unlawful detainer against the
tenant for violation of the lease agreement. During the
pendency of the case, the lease contract expired. The
plaintiff filed again another case for unlawful detainer
based on expiration of contract.
 The SC rule, there is no splitting of cause of action. The
grounds are different. Besides, at the time that the first
case filed, the ground for the second case in not yet
existing.
Effect of Splitting a Cause of Action

 Iftwo or more suits are instituted for a

single cause of action, the filing of one or a
judgment upon the merits in any one is
available as a ground for the dismissal of
another. (Sec. 4, Rule 2)
 Joinder of Causes of Action

It is the assertion in one pleading, in

alternative or otherwise, as many
causes of action as he may have
against an opposing party. (Sec. 5,
Rule 2)
 Illustration
A obtained a loan from B in the total
amount of 300K covered by three PN’s
each amounting to 100k. All of them
becomes due and demandable. B can
join the 3 causes of action in one
complaint.
 Joinder of causes of action is subject to the
following conditions:
 The party joining causes of action shall comply with the
rules on joinder of parties.
 The joinder shall not include special civil actions or actions
governed by special rules.
 Where the causes of actions are between the same parties but
pertain to different venues or jurisdictions, the joinder may be
allowed in the RTC provided one of the cause of actions
falls within the jurisdiction of said court and venue lies
therein.
 Where the claims in all causes of action are principally for recovery
of money, the aggregate amount claimed shall be the test of
jurisdiction (Section 5, Rule 2). – Totality test also in BP 129
 The party joining causes of action shall
comply with the rules on joinder
of parties.
 This condition is only applicable when
two or more plaintiffs or two or more
defendants are joined in the pleading. This
condition is not applicable when there is
only one plaintiff and one defendant.
 Illustration 1
A obtained a loan from B in the total
amount of 300K covered by three PN’s
each amounting to 100k. All of them
becomes due and demandable. B can
join the 3 causes of action in one
complaint.
 Illustration 2
A is a passenger of the bus owned by B. The
bus was bumped by a truck driven by C. A was
injured as a result thereof.
 In a complaint for damages, can A joined B and
C in the one complaint?
 Is there a need to follow the rule on joinder of
parties?
 YES. Because there are two defendants.
Can a party assert in one pleading
several causes of action pertaining
to different persons?

◦Yes, provided that the party joining the

causes of action shall comply with the
rules on joinder of parties.
When is joinder of parties allowed?
 Allpersons 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 jointly, severally or in the
alternative, may, except as otherwise provided in
these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any
questions of law or fact common to all such
plaintiffs or to all such defendants may arise in the
action. (Sec. 6, Rule 3)
 Let us simplify:

The joinder of
parties is allowed
when:

The causes of action There common

arise out of the question of fact and
same transaction or law in the parties
series of transaction. joined
 Amplification of Illustration 2
A has cause of action against B for breach of
contract. He has also cause of action against C for
culpa aquiliana or quasi-delict. Since there are two
defendants we have to refer to the rule on joinder
of parties.
 Joiner of parties requires that the causes of action
arise out of the same transaction or series of
transaction and that there is common question
of law and fact in the parties joined.
The joinder shall not include special civil
actions or actions governed by
special rules.
 An ordinary civil action cannot be joined
with special civil action or action
governed by special rules. This is because
special civil action is governed by special
rules which may not be applicable to
ordinary civil action.
 Illustration
A files a collection suit against B. In the same
complaint he included a petition for judicial
foreclosure of mortgage. Is joiner proper?
 No.
 The cause of action for foreclosure of mortgage
cannot be joined with collection suit because the
former is governed by the rules on special civil
action while collection suit is governed by rules
on ordinary civil action.
 Where the causes of actions are between the
same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
RTC provided one of the causes of action falls
within the jurisdiction of said court and venue
lies therein.

 This condition is applicable when the

suit is between the same parties. It has
no application when the suit is filed against
different parties.
 Illustration 1
 Lito encroached two parcels of land belonging to
Dayo. One parcel of land is located in Bataan. The
other is located in Pampanga.
 Can Dayo join the two parcels of land in an
accion publiciana to be filed in the RTC of
Bataan?
 Yes. Because the causes of action are against one
defendant. It may be joined in the RTC because
one of the causes of action is within RTC
jurisdiction and venue lies therein.
 Illustration 1-A
 Supposing the one who encroached the
land in Pampanga is Louie, and the land on
Bataan was encroached by Lito, can Dayo
join them as defendants in the RTC of
Bataan.
 No. Because the causes of action are
against two defendants. Joiner of parties
are not allowed.
 Illustration 2
 Lito encroached two parcels of land belonging to
Dayo. One parcels of land is located in Bataan
with an assessed value of 1M. The other parcel of
land has an assessed valued of 95K.
 Can Dayo join the two parcels of land in an
accion publiciana to be filed in the RTC of Bataan?
 Yes, because one of the causes of action is within
the jurisdiction of RTC.
 Illustration 3
 Lito encroached two parcels of land belonging to
Dayo in Bataan one month ago. Then he
encroached on another land of Dayo located
also in Bataan with an assed value of 1M two
years ago.
 Can Dayo join the case of forcible entry and
accion publiciana in one complain to be filed in
the RTC of Bataan?
 No. One of the causes of action is governed by
special rule.
 Illustration 4
 Lito encroached two parcels of land belonging to
Dayo in Bulacan, the value of which is 20k. Then
he encroached on another land of Dayo located
also in Bataan with an assed value of 20k.
 Can Dayo join the cases of forcible entry in one
complaint to be filed in the MTC of Bataan?
 No. The joinder may be allowed in the RTC, not in
MTC.
 Where the claims in all causes of action
are principally for recovery of money, the
aggregate amount claimed shall be the
test of jurisdiction
 The total amount of the claims from
different causes of action will determine
the jurisdiction.
 What is the effect of misjoinder of
cause of action?

 Misjoinder of causes of action is not a

ground for dismissal of an action. A
misjoined cause of action may, on motion
of a party, or in the initiative of the court,
be severed and proceeded separately.
PARTIES
Who are the parties to civil action?

• The term "plaintiff" may refer to the

claiming party, the counter-claimant, the
Plaintiff cross-claimant, or the third (fourth, etc.)
— party plaintiff.
Section 1, Rule 3

• The term "defendant" may refer to the

original defending party, the defendant in a
Defendant counter-claim, the cross-defendant, or the
third (fourth, etc.) — party defendant.
Who may be parties to civil action?

Natural persons

Juridical persons

Entities authorized by law

 Entities authorized by law
 Corporation by estoppel under Section 21 of the
Corporation Code
 Estate of a deceased person
 A legitimate labor organization under the Labor Code
 The Roman Catholic Church and as to its properties, the
archbishop or diocese, to which they belong may be a
party.
 A dissolved corporation may prosecute and defend suits
within 3 years under Article 122 of the Corporation
Code.
 Entities authorized by law
 Section 15. Entity without juridical personality
as defendant. — When two or more persons
not organized as an entity with juridical
personality enter into a transaction, they may
be sued under the name by which they are
generally or commonly known (Rule 3).
What is the effect if the party impleaded
is not authorized to be a party to suit?
 Where the plaintiff is not a natural person or a juridical
person or an entity authorized by law, a motion to dismiss
may be filed on the ground that the “plaintiff has no legal
capacity to sue” under Section 1(d), Rule 16.
 Where it is the defendant who is not natural person or a
juridical person or an entity authorized by law, the complaint
may be dismissed on the ground the “pleading asserting
the claim states no cause of action” or failure to
state a cause of action under Section 1(g), Rule 16
because a complaint cannot possibly state a cause of action
against one who cannot be a party to a civil action.
Is it required to aver the parties’ capacity
to sue and be sued?
 Section 4. Capacity. — Facts showing the
capacity of a party to sue or be sued or the
authority of a party to sue or be sued in a
representative capacity or the legal
existence of an organized association of
person that is made a party, must be
averred (Rule 8).
Parties to Civil Actions
Classes of Parties
• Real parties-in-interest
• Representative parties
• Permissive parties
• Indispensable parties
• Necessary parties
 Who is real party in interest?
A real party in interest is the party who
stand to be benefited and injured by the
judgment of the suit, or the party entitled to
the avails of the suit.
 Unless otherwise authorized by law or the
rules of court, every action must be
prosecuted or defended in the name of the
real party in interest. (Sec. 2, Rule 3)
 How do we determine who is the
real party-in-interest?
 The determination of who the real party in
interest requires the examination of elements of a
cause of action. A cause of action involves the
existence of a right and violation of such right.

 Thus, the owner of the right violated is the real

party in interest as plaintiff and the one violating
the right is the real party in interest as defendant.
 Illustration
 A mere agent, who is not an assignee of the principal,
cannot bring suit under a deed of sale entered into in
behalf of his principal because it is the principal, not the
agent, who is the real party in interest (Uy vs. CA, 314
SCRA 69).
 An agent’s authority to file suit cannot be inferred from
his authority to collect or receive payments; the grant of
special powers cannot be presumed from the grant of
general powers (V-Gent Inc., vs. Morning Travel and
Tours, GR No. 186305, July 22, 2015).
 Illustration
 Should a lawful possessor be disturbed in his
possession, it is the possessor, not necessarily the
owner of the property who can bring the action to
recover the possession. The argument that the
complaint states no cause of action because the suit
was filed by a mere possessor and not the owner is
not correct (Philippine Trust Company vs.
Court of Appeals, 320 SCRA 719).
What is the affect if a party is not a real
a real party-in-interest?

 Ifa suit is not brought in the name of or

against the real party in interest, a motion
to dismiss may be filed on the ground that
the complaint states no cause of action
(Spouses Laus vs. optimum Security
Services, GR No. 208343, February 3,
2016).
 Representative Parties
 An action may be prosecuted or defended
through a representative.

A representative may be a trustee of an

express trust, a guardian, an executor or
administrator, or a party authorized by law or
these Rules (Section 3, Rule 3).
If the action is prosecuted or defended through
a representative, is it required that the
beneficiary should be included in the title?
 YES.
 Where the action is allowed to be prosecuted or defended
by a representative or someone acting in a fiduciary capacity,
the beneficiary shall be included in the title of the case and
shall be deemed to be the real party in interest (Section 3,
Rule 3).
 Exception: An agent acting in his own name and for the
benefit of an undisclosed principal may sue or be sued
without joining the principal except when the contract
involves things belonging to the principal (id.)
 Indispensable Parties
 Who is an indispensable party?
 An indispensable party is party in interest
without whom no final determination can
be had of an action.
 Indispensable parties shall be joined as
plaintiffs or defendants (Sec. 7, Rule 3)
 Effect of failure to implead
indispensable party
 Failure to join an indispensable party will not result in the
outright dismissal of the action. Instead, parties may be dropped
or added by the court on motion of any party or on its own
initiative at any stage of the action and on such terms as are just.
(Sec. 11, Rule 3).

 It is when the order of the court to implead an indispensable

party goes unheeded may the case be dismissed for failure to
comply with the order of the Court (Sec. 3, Rule 17;
Plasabas vs. CA 582 SCRA 686).
 Effect of failure to implead
indispensable party
 Any decision rendered by a court without first
obtaining the required jurisdiction over
indispensable parties is null and void for want of
jurisdiction (Florete, Jr. vs. Florete, Sr. GR
174909, January 20, 2016), not only as to the
absent parties but even as to those present
(People vs. Go, GR 201644, September 24,
2014).
 Jurisprudential Illustration
 In an action for partition of land, all co-owners
are indispensable parties. (De la Ra vs. De la
Ra, 2 Phil. 294)
 In an action for annulment of partition, all the
heirs are indispensable parties (Caram vs. CA,
101 Phil. 315)
 In an action for recovery of ownership of land, all
persons claiming ownership are indispensable
parties (Manza vs. Santiago, 96 Phil. 938).
 Jurisprudential Illustration
 The registered owner of a lot whose title the plaintiff
seeks to nullify is an indispensable party (Cagatao vs.
Almonte, GR No. 174004, October 9, 2013).
 A transferee of a property pendente lite is not an
indispensable party, as it would, in any even, be bound
by the judgment against his predecessor (Santiago
Land Development Corp. vs. CA, 267 SCRA 79).
 The person whose right to the office is challenged is
an indispensable party. No action can proceed unless
he is joined (Lozano vs.Valencia, 227 SCRA 726).
St. Luke’s College of Medicine vs. Spouses
Perez, GR No. 222740, September 28, 2016

 Students of St. Lukes were required to undergo clerkship as

requirement for graduation and were assigned to Cabiao
Community Clinic in Cabiao, Nueva Ecija. The clinic is owned
by the Municipality of Cabiao. The clinic where the students
were housed was gutted by fire which caused their death.
 The parents of the student who died in fire filed a case against
St. Lukes , et.al. But they did not implead the Municipality of
Cabiao.
 Is Municipality of Cabiao an indispensable party?
 St. Luke’s College of Medicine vs. Spouses
Perez, GR No. 222740, September 28, 2016
 An indispensable party is defined by the Rules of Court as a party-in-
interest without whom no final determination can be had of an action.
 In the present case, respondents premise petitioners' liability on their
contractual obligation to their students and, certainly, complete relief
and a final judgment can be arrived at by weighing the claims and
defenses of petitioners and respondents, without need of evaluating
the claims and defenses of the Municipality of Cabiao. If at all, the
Municipality of Cabiao is a necessary party whose non-inclusion in the
case at bar shall not prevent the court from proceeding with the
action.
 Necessary Party
 It
is one who is not indispensable but who
ought to be joined as a party if complete
relief is to be accorded as to those already
parties, or for a complete determination
or settlement of the claim subject of the
action (Sec. 8, Rule 3).
 Example of Necessary Party
 In an action for collection of debt instituted by the creditor
against the surety, the principal debtor is merely a necessary
party (Vano vs.Alo, 95 Phil. 495).
 In an action for foreclosure of REM instituted by the first
mortgagee, the second mortgagee is merely a necessary party
(Somes vs. Govt. of Phil., 62 Phil. 432).
 Solidarity does not make solidary obligor an indispensable
party in a suit filed by the creditor against another solidary
debtor (Republic vs. Sandiganbayan, 173 SCRA 72).
Duty of pleader if a necessary party
is not joined
 Whenever in any pleading in which a claim
is asserted a necessary party is not joined,
the pleader shall set forth the name of the
necessary party, if his name is known, and
shall state why such party is omitted
(Sec. 9, Rule 3)
 May the Court order joinder of
necessary party?
 Ifthe reason given for the non-joinder of
necessary party is found by the court not
meritorious, it may order the pleader to
join the omitted party if jurisdiction over
his person may be obtained. (Sec. 9, Rule
3)
 Effect of failure to comply with
the order of the court.

 Itshall be deemed a waiver of claim

against such party. (Sec. 9, Rule 3)
Effect of justified non-inclusion of
a necessary party
 The non-inclusion of a necessary party
does not prevent the court from
proceeding in the action, and the judgment
rendered therein shall be without prejudice
to the rights of such necessary party. (Sec.
9, Rule 3)
 Is misjoinder of parties or non-
joinder of parties a ground for
dismissal of an action?
 Neither misjoinder nor non-joinder of parties is
a ground for dismissal of an action. Parties may
be dropped or added by order of the court, on
motion of any party or upon its own initiative at
any stage of the action and on such terms as are
just. Any claim against a misjoined party may be
severed or proceeded with separately. (Sec. 11,
Rule 3)
 Alternative Defendant

 Where the plaintiff is uncertain against

who of several person he is entitled to
relief, he may join any or all of them as
defendants in alternative, although the right
of relief against one may be inconsistent
with the right of relief against the other.
(Sec. 13, Rule 3).
 Example of Alternative Defendant
 Karla is a passenger of a bus owned by X Co. The bus
was bumped by a truck owned by Y Co.
 Karla may join X Co. and Y Co. as defendants in a
damage suit that she may be filing.
 That Karla has a different cause of action against X
Co which is culpa contractual and culpa aquilina as
against Y Co is immaterial. The rule says plaintiff may
join all them although the right of relief against one
may be inconsistent with the right of relief against the
other.
 Class Suit
 When the subject matter of controversy is
one of common or general interest to many
persons so numerous that it is impracticable to
join them all as parties, a number of them which
the court finds to be sufficiently numerous and
representative as to fully protect the interest of
all concerned may sue or defend for the benefit
of all. (Sec. 12, Rule 3).
Conditions for a Valid Class Suit

The subject matter of the controversy is one of

common or general interest to many persons.

The parties are so numerous that it is

impracticable to bring them all before the court.

The object of the suit is to obtain relief for or

against numerous persons.
 Commonality of interest in the
subject matter
 A class suit does not require a commonality of interest in
the questions involved in the suit. What is required by
the Rules is a common or general interest in the subject
matter of the litigation. The “subject matter” of the
litigation meant the physical, the things real or personal,
the money, lands, chattels, and the like, in relation to the
suit which is prosecuted and not the delict or wrong
committed by the defendant (Mathay vs.
Consolidated Bank & Trust Co., 58, SCRA 559,
571).
Juana Complex I Homeowners Assn., Inc., vs. Fil-Estate,
Land, Inc., GR No. 152272, March 5, 2012
 The developer closed a road which were used by the
residents of inland subdivisions for entry and exit to
SLEX. Some of the resident filed a class suit against the
developer.
 Is class suit proper?
 YES.
 the suit is clearly one that benefits all commuters and
motorists who use La Paz Road. They have common
interest on the subject matter of the controversy which
is the closure of road.
 Death of Party
 What is the duty of the lawyer in case a party
dies?

 Ifthe party dies and the claim is not extinguished, his

duty is to inform the court of such fact within 30
days after such death and to give the name and
address of the legal representatives of the deceased
party. (Sec. 16, Rule 3).
 Death of Party
 May the heirs of the deceased party be
allowed to substitute?

 Yes.The heirs of the deceased may be

allowed to be substituted for the deceased
without need for the appointment of
executor or administrator. (Sec. 16, Rule 3).
Examples of Actions which Survive

Action to recover real or personal property

Actions to enforce lien thereon

Actions to recover damages for an injury to persons

Actions arising from delicts.

Examples of actions which
do not survive
Nullity of
marriage
Action for
support

Legal separation

Actions for
recognition
Action on Contractual Money Claims

 When the action is for recovery of money, arising

from contract, express or implied and the defendant
dies before entry of final judgment in the court in
which the action was pending at the time of such
death, it shall not be dismissed but it shall be allowed
to continue until final judgment. Favorable judgement
shall be claimed in the estate proceedings of the
deceased defendant. (Sec. 20, Rule 3).
Relate Sec. 20, Rule 3 to Sec. 5, Rule 86:
 All claims for money against the decedent, arising from
contract, express or implied, whether the same be due, not
due, or contingent, all claims for funeral expenses and
expense for the last sickness of the decedent, and
judgment for money against the decedent, must be filed x
x x x x (Section 5, Rule 86).
 Section 1. Notice to creditors to be issued by court. —
Immediately after granting letters testamentary or of
administration, the court shall issue a notice requiring all
persons having money claims against the decedent to file
them in the office of the clerk of said court (Rule 86).
PLEADINGS
 Meaning of Pleading
 Pleadingsare written statements of the
respective claims and defenses of the
parties submitted to the court for
appropriate judgment (Sec. 1, Rule 6).
 Pleading Allowed

• Complaint
• Counterclaim
Sec. 2, •
•
Cross-claim
Third party complaint
Rule 6 •
•
Complaint-in-intervention
Answer
• Reply
 RULE 6
Section 2; Pleading allowed
1997 Rules of Civil Procedure 2019 Amendments

Section 2 Pleadings allowed. - The claims of a Section 2 Pleadings allowed. - The claims of a
party are asserted in a complaint, counterclaim, party are asserted in a complaint, counterclaim,
cross-claim, third (fourth, etc.)-party complaint, cross-claim, third (fourth, etc.)-party complaint,
or complaint-in- intervention. or complaint-in- intervention.

The defenses of a party are alleged in the The defenses of a party are alleged in the
answer to the pleading asserting a claim against answer to the pleading asserting a claim against
him. him or her.
An answer may be responded to by a reply. An answer may be responded to by a reply only
if the defending party attaches an
actionable document to the answer.
 RULE 6
PLEADINGS
Section 3; Complaint
1997 Rules of Civil Procedure 2019 Amendments

Section 3 Complaint. - The complaint is Section 3 Complaint. - The

the pleading alleging the plaintiff’s cause or
causes of action. The names and complaint is the pleading
residences of the plaintiff and defendant alleging the plaintiff’s or
must be stated in the complaint. claiming party’s cause or
causes of action. The names
and residences of the plaintiff
and defendant must be stated
in the complaint.
Significance of the filing of complaint
 The filing of the complaint in court signifies the
commencement of the civil action (Sec. 5, Rule 1).

 By the filing of the complaint, the court acquires

jurisdiction over the person of the plaintiff.

 It also has the effect of interrupting the prescription of

actions pursuant to Article 1155 of the Civil Code.
Please Note:
 It
is not simply the filing of the complaint or
appropriate initiatory pleading, but the
payment of the prescribed docket fee, that
vests a trial court with the jurisdiction over
the subject matter or nature of the action
(Proton Pilipinas Corporation vs.
Banque National de Paris (460 SCRA
260, 276).
 What is the rule on payment of
docket fee?
 The rule on the payment of docket is liberal. If the
initiatory pleading is not accompanied by a correct
docket fee, the court may allow payment of the fee
within reasonable time, but in no case beyond the
applicable prescriptive period. (The Heirs of Reynoso,
Sr., vs. CA, 654 SCRA 1, 9-10).
 It will not lead to automatic dismissal of the complaint
(Sy-Vargas vs. The Estate of Ogsos GR 221062,
October 5, 2016).
 Answer

Section • It is one which the

defending party sets
4, Rule forth his or her
6 defenses.
 Kinds of Defenses
• It is a specific denial of a material fact
or facts alleged in the pleading of the
Negative claimant essential to his cause or
causes of action

• It is an allegation of new matter, which,

while hypothetically admitting the
Affirmative material allegations in the pleading of
the claimant would nevertheless
prevent or bar recovery from him.
 RULE 6
Section 5; Defenses
1997 Rules of Civil Procedure 2019 Amendments

Section 5 Defenses. — Defenses Section 5 Defenses. — Defenses

may either be negative or may either be negative or
affirmative. affirmative.

(a) A negative defense is the specific (a) A negative defense is the specific
denial of the material fact or facts denial of the material fact or facts
alleged in the pleading of the alleged in the pleading of the
claimant essential to his cause or claimant essential to his or her
causes of action. cause or causes of action.
 RULE 6
Section 5; Defenses
1997 Rules of Civil Procedure 2019 Amendments
(b) An affirmative defense is an allegation of a (b) An affirmative defense is an allegation of a
new matter which, while hypothetically new matter which, while hypothetically
admitting the material allegations in the admitting the material allegations in the
pleading of the claimant, would nevertheless pleading of the claimant, would nevertheless
prevent or bar recovery by him. The prevent or bar recovery by him or her. The
affirmative defenses include fraud, statute of affirmative defenses include fraud, statute of
limitations, release, payment, illegality, statute limitations, release, payment, illegality, statute
of frauds, estoppel, former recovery, discharge of frauds, estoppel, former recovery, discharge
in bankruptcy, and any other matter by way of in bankruptcy, and any other matter by way of
confession and avoidance. confession and avoidance.
 RULE 6
Section 5; Defenses
1997 Rules of Civil Procedure 2019 Amendments
Affirmative defense may also
include grounds for dismissal of
a complaint, specifically, that
the court has no jurisdiction
over the subject matter, that
there is another action pending
between the same parties for
the same cause, or that the
action is barred by a prior
judgment.
 RULE 6
Section 5; Defenses
 Aside from the affirmative defenses in Section 5(b), the
affirmative defense may also include other grounds for
a motion to dismiss specifically, that the court has no
jurisdiction over the subject matter, that there is
another action pending between the same parties for
the same cause, or that the action is barred by a prior
judgment.
 This section should be read in conjunction with
Section 12, Rule 8.
 Counterclaim

Sec. 6, Rule 6

A counterclaim is
any claim which a
defending party may
have against an
opposing party.
Kinds of Counterclaim

Compulsory

Permissive
 Compulsory Counterclaim
 Sec. 7, Rule 6

 A compulsory counterclaim is one which, being cognizable by the

regular courts of justice, arises out or is connected with the
transaction or occurrence constituting the subject matter of the
opposing party’s claim and does not require for its adjudication the
presence of third parties of whom the court cannot acquire
jurisdiction. Such counterclaim must be within the jurisdiction of
the court both as to the amount and the nature thereof, except
that in the original action before the RTC, the counterclaim may be
considered compulsory regardless of the amount. A compulsory
counterclaim not raised in the same action is barred,
unless otherwise allowed by these Rules.
 RULE 6
Section 7; Compulsory counterclaim
1997 Rules of Civil Procedure 2019 Amendments
Section 7 Compulsory counterclaim. — A compulsory Section 7 Compulsory counterclaim. — A
counterclaim is one which, being cognizable by the regular compulsory counterclaim is one which, being
courts of justice, arises out of or is connected with the cognizable by the regular courts of justice, arises
transaction or occurrence constituting the subject matter
out of or is connected with the transaction or
of the opposing party's claim and does not require for its
adjudication the presence of third parties of whom the occurrence constituting the subject matter of the
court cannot acquire jurisdiction. Such a counterclaim opposing party's claim and does not require for its
must be within the jurisdiction of the court both as to the adjudication the presence of third parties of whom
amount and the nature thereof, except that in an original the court cannot acquire jurisdiction. Such a
action before the Regional Trial Court, the counterclaim counterclaim must be within the jurisdiction of the
may be considered compulsory regardless of the amount. court both as to the amount and the nature
thereof, except that in an original action before the
Regional Trial Court, the counterclaim may be
considered compulsory regardless of the amount. A
compulsory counterclaim not raised in the
same action is barred, unless otherwise
allowed by these Rules.
 RULE 6
Section 7; Compulsory counterclaim

 The 2019 Amendments included in the definition of

compulsory counterclaim the admonition that failure to
raise the compulsory counterclaim in the same action shall
be considered barred unless otherwise allowed by the
rules.
 Is there an instance where the Rules allow the
prosecution of a counterclaim even it was not
raised in the same action?
 Yes, under Section 5, Rule 86.
 Please take note: there is also the same admonition under
Section 2, Rule 9.
Elements of compulsory counterclaim
 It arises out of or is necessarily connected with the
transaction or occurrence which is the subject matter of
the opposing’s party’s claim.
 It does not require for its adjudication the presence of
third parties over whom the court cannot acquire
jurisdiction.
 Such counterclaim must be within the jurisdiction of the
court both as to amount and nature thereof (Alba vs.
Malapajo, GR No. 198752, January 13, 2016).
 Test to determine compulsory
counterclaim
 Are the issues of fact and law raised by the claim and
counterclaim largely the same?
 Would res judicata bar a subsequent suit on defendant’s
claim about the compulsory counterclaim?
 Will substantially the same evidence support or refute
plaintiff’s claim as well as defendant’s counterclaim?
 Is there any logical relation between the claim or counter
claim?
 If all YES, the counterclaim is compulsory
 NAMARCO doctrine
 Example of compulsory counterclaim
 A counterclaim for damages and attorney’s fees as a result of an
action filed against petitioner is compulsory (Tiu po vs. Bautista,
103 SCRA 388)
 In an action for recovery of possession of real estate - the expense
for clearing and cultivation is a compulsory counterclaim even if it
is inconsistent with defense of ownership (Camara vs. Aguilar,
94 Phil. 527)
 In an action by the debtor against the creditor to prevent extra-
judicial foreclosure of chatter mortgage, creditor should file a
counterclaim for mortgage debt and damages, provided the debt is
already due (Papa vs. Banaag, 17 SCRA 1093)
 What is the effect of failure to
plead counterclaim?
A counterclaim not set up shall be barred
(Section 7, Rule 6 and Sec. 2, Rule 9).
 A counterclaim which either matured or was
acquired by a party after serving his pleading may,
with the permission of the court, be presented as
counterclaim by supplemental pleading before
judgment (Sec. 9, Rule 11).
 Possible Bar Problem
A files an ejectment suit against B before the MTC.
B filed an answer with counterclaim. B claims that
he should be reimbursed for the improvement he
introduced to the real property of A. The amount of
counterclaim that B demands is 1M.

 Can the MTC entertain the counterclaim of

B?
 Suggested Answer
 The MTC cannot entertain the entire counterclaim of
B. The entire counterclaim of B is beyond the
jurisdiction of the MTC. It is provided in Section 7,
Rule 6 that the counterclaim must be within the
jurisdiction of the court both as to the amount and
nature thereof. The counterclaim that can be set up
will only be limited to the jurisdictional amount of
the MTC.
 Possible Bar Problem

A files a recovery of possession case against B before

the RTC. B filed an answer with counterclaim. B claims
that he should be reimbursed for the improvement he
introduced to the real property of A. The amount of
counterclaim that B demands is 200K.

 Can the RTC entertain the counterclaim of B?

 Suggested Answer
 Yes, the RTC can entertain the counterclaim of B.
 While the counterclaim of B is not within the
jurisdictional amount of RTC, it can still entertain the
counterclaim of B. It is provided in Section 7, Rule 6 that
if the original action is before the RTC, the
counterclaim may be considered compulsory regardless
of the amount.
 If the amount of the counterclaim
exceeds the jurisdiction of the court,
what is the effect?
 The counter cannot be treated as compulsory,
but permissive since the amount exceeds the
jurisdiction of the Court.
 What if the amount claimed as
counterclaim is not within the
jurisdiction of the RTC, can the latter
court dismiss said counterclaim?

 No.
When the original action is filed with
the RTC, the counterclaim may be
deemed compulsory regardless of the
amount (Sec. 7, Rule 6).
Can a party file a Motion to Dismiss with
counterclaim?
 No. If the dismissal of the main action results in the
dismissal of the counterclaim already filed, it stands
to reason that the filing of a motion to dismiss the
complaint is an implied waiver of the compulsory
counterclaim because the grant of the motion
ultimately results in the dismissal of the counter-
claim (Financial Building Corp. vs. Forbes Park
Association, 338 SCRA 346, 354).
 Permissive Counterclaim
 A counterclaim is permissive if it does not arise out or is
not necessarily connected with the subject matter of the
opposing party’s claim. It is essentially an independent
claim that may be filed separately in another case (Alba
vs. Malapajo, GR No. 198752, January 16, 2016).
 A counterclaim for damages based on a quasi-delict
cannot be pleaded as compulsory counterclaim in an
action for unlawful detainer (Arenas vs. CA, 345
SCRA 617, 625-626).
 Alba vs. Malapajo, GR No. 198752,
January 16, 2016
 Alba filed a complaint for recovery of ownership and/or
declaration of nullity or cancellation of title and damages
alleging that the deed of sale which was used to cancel his
title was a forged document and respondent was the author
thereof.
 Malapajo filed an answer with counterclaim alleging that Alba
obtained a loan from him secured by REM over the subject
property. He claimed for damages and for reimbursement of
petitioner's loan from them plus the agreed monthly interest
in the event that the deed of sale is declared null and void on
the ground of forgery.
 What is the nature of counterclaim?
 Alba vs. Malapajo, GR No. 198752,
January 16, 2016
 Petitioner seeks to recover the subject property by
assailing the validity of the deed of sale on the subject
property which he allegedly executed in favor of
respondents Malapajo on the ground of forgery.
Respondents counterclaimed that, in case the deed of
sale is declared null and void, they be paid the loan
petitioner obtained from them plus the agreed monthly
interest which was covered by a real estate mortgage on
the subject property executed by petitioner in favor of
respondents.
 Alba vs. Malapajo, GR No. 198752,
January 16, 2016
 There is a logical relationship between the claim and the
counterclaim, as the counterclaim is connected with the transaction
or occurrence constituting the subject matter of the opposing
party's claim. Notably, the same evidence to sustain respondents'
counterclaim would disprove petitioner's case. In the event that
respondents could convincingly establish that petitioner actually
executed the promissory note and the real estate mortgage over
the subject property in their favor then petitioner's complaint might
fail. Petitioner's claim is so related logically to respondents'
counterclaim, such that conducting separate trials for the claim and
the counterclaim would result in the substantial duplication of the
time and effort of the court and the parties.
 Cross-claim

A cross-claim is any claim by one party

against a co-party arising out of the
transaction or occurrence that is the subject
matter either of the original action or of a
counterclaim therein. Such cross-claim
may cover all or part of the original
claim. (Section 8, Rule 6).
 RULE 6
Section 8; Cross-claim
1997 Rules of Civil Procedure 2019 Amendments

Section 8 Cross-claim. — A cross-claim is any Section 8 Cross-claim. - A cross-

claim by one party against a co-party arising
claim is any claim by one party
out of the transaction or occurrence that is
the subject matter either of the original action against a co-party arising out of the
or of a counterclaim therein. Such cross-claim transaction or occurrence that is the
may include a claim that the party against subject matter either of the original
whom it is asserted is or may be liable to the
action or of a counterclaim therein.
cross-claimant for all or part of a claim
asserted in the action against the cross- Such cross-claim may cover all or
claimant. part of the original claim.
 Illustration
 Plaintiff sues Defendant 1 and
Defendant 2 for collection of loan.
Defendant 1 may file a cross-claim
against Defendant 2 if the former
acted only as accommodation party and
that the actual debtor is Defendant 2
Please take NOTE:
A cross-claim must be related to the
original action or counter-claim therein.
The rules says the cross-claim must arise
“out of the transaction or occurrence
that is the subject matter either of the
original action or of a counterclaim
therein.” (Sec. 8, Rule 6).
 What is the effect if a cross-claim is not
set-up?
 It shall be barred (Sec. 2, Rule 9).

 NOTE: the cross-claim that is considered barred is

the cross-claim already existing at the time the
answer is filed, not the cross-claim that may mature
or may be acquired after service of the answer. As
to the latter Section 9, Rule 11 declares that it may,
by leave of court, be presented by supplemental
pleading before judgment.
 Can cross-claim be set-up for the first
time on appeal?
 NO.
 While defendant may have a definite cause of action
against the co-defendant, it cannot succeed in seeking
judicial sanction against the latter if the records disclose
that no cross-claim was interposed, nor was there a
prayer that the co-defendant should be liable for all the
claims that may be adjudged in favour of the plaintiff.
(Loadmaster Customs Services, Inc., vs. Glodel
Brokerage Corp., 639 SCRA 69, 86).
May cross-claim which matured after filing
the answer be still set-up?

 YES.
 Under Section 9, Rule 11, a cross-claim which
matured or was acquired by a party after serving his
pleading may, with permission from the court, be
presented as a cross-claim by supplemental pleading
before judgment
 May cross-claim which was not set up
because of oversight be still set up?

 YES.
 Under Section 10, Rule 11, when pleader fails to
set up a cross-claim through oversight, inadvertence
or execusable neglect, or when justice requires, he
may, by leave of court, set up the cross-claim by
amendment before judgment.
 RULE 6
Section 9; Counter-claim and counter cross-claim
1997 Rules of Civil Procedure 2019 Amendments

Section 9 Counter-counterclaims and Section 9 Counter-counterclaims and

counter-cross-claims. — A counterclaim counter-cross-claims. — A counterclaim
may be asserted against an original may be asserted against an original
counter-claimant. counter-claimant.

A cross-claim may also be filed against an A cross-claim may also be filed against an
original cross-claimant. original cross-claimant.
 Reply

A reply is a pleading, the office or

function of which is to deny, or allege
facts in denial or avoidance of new
matters alleged in, or relating to, said
actionable document. (Section 10,
Rule 6).
 As a general rule, is filing of Reply
required?

 No. This is because all new matters

alleged in the answer are deemed
controverted. (Section 10, Rule 6).
 When is the filing of Reply necessary?

 The filing of Reply is necessary when the

defendant attached an actionable document to his
or her answer. The Rules says: “In the event of an
actionable document attached to the reply, the
defendant may file a rejoinder if the same is based
solely on an actionable document.” (Section 10,
Rule 6).
 RULE 6
Section 10; Reply
1997 Rules of Civil Procedure 2019 Amendments
Section 10 Reply. — A reply is a pleading, the Section 10 Reply. — All new matters
office or function of which is to deny, or allege alleged in the answer are deemed
facts in denial or avoidance of new matters controverted. If the plaintiff wishes to
alleged by way of defense in the answer and interpose any claims arising out of the
thereby join or make issue as to such new new matters so alleged, such claims
matters. If a party does not file such reply, all shall be set forth in an amended or
the new matters alleged in the answer are supplemental complaint. However, the
deemed controverted. plaintiff may file a reply only if the
defending party attaches an actionable
document to his or her answer.
 RULE 6
Section 10; Reply
1997 Rules of Civil Procedure 2019 Amendments

If the plaintiff wishes to interpose any claims A reply is a pleading, the office or function of
arising out of the new matters so alleged, such which is to deny, or allege facts in denial or
claims shall be set forth in an amended or avoidance of new matters alleged in, or
supplemental complaint. relating to, said actionable document.
In the event of an actionable document
attached to the reply, the defendant
may file a rejoinder if the same is based
solely on an actionable document.
 RULE 6
Section 10
 Section 10, Rule 6 of the 2019 Amendments retains the idea that all
new matters alleged in the Answer are deemed controverted. In this
respect, the filing of Reply may not be necessary.
 However, the filing of Reply may be required if the defending party
attaches an actionable document to his or her answer. The plaintiff,
therefore, has to file a Reply to deny under oath the due execution or
genuineness of the actionable document attached to the Answer of the
defending party.
 This idea of filing a Reply cascaded in the definition of Reply. Thus,
reply is a pleading, the office or function of which is to deny, or allege
facts in denial or avoidance of new matters alleged in, or relating to,
said actionable document.
 RULE 6
Section 10
 What is the effect if the plaintiff failed to file a reply
when the defending party attaches actionable
documents upon which he or she bases his or her
defense?
 Section 8, Rule 8 will operate. Failure on the part of the
plaintiff to file a reply when the defending party attaches
actionable documents upon which he or she bases his or her
defense is an implied admission of the due execution and
genuineness of the said actionable documents.
 Thus, the plaintiff will not be permitted to present evidence
that will be contrary to his implied admission.
 Third-Party Complaint, etc.
A third (fourth, etc.)-party complaint is a claim
that a defending party may, with leave of court,
file against a person not a party to the action,
called the third (fourth, etc.)-party defendant, for
contribution, indemnity, subrogation or any
other relief, in respect of his opponent's
claim (Section 11, Rule 6). (CISO in respect
of his opponent’s claim)
 RULE 6
Section 11; Third, (fourth, etc.)-party complaint
1997 Rules of Civil Procedure 2019 Amendments

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

complaint. — A third (fourth, etc.) — party — A third (fourth, etc.)-party complaint is a
complaint is a claim that a defending party claim that a defending party may, with leave of
may, with leave of court, file against a person court, file against a person not a party to the
not a party to the action, called the third action, called the third (fourth, etc.)-party
(fourth, etc.) — party defendant for defendant for contribution, indemnity,
contribution, indemnity, subrogation or any subrogation or any other relief, in respect of
other relief, in respect of his opponent's claim. his or her opponent's claim.
 RULE 6
Section 11; Third, (fourth, etc.)-party complaint
1997 Rules of Civil Procedure 2019 Amendments
The third (fourth, etc.)-party complaint
shall be denied admission, and the court
shall require the defendant to institute
a separate action, where: (a) the third
(fourth, etc.)- party defendant cannot
be located within thirty (30) calendar
days from the grant of such leave; (b)
matters extraneous to the issue in the
principal case are raised; or (c) the
effect would be to introduce a new and
separate controversy into the action.
 RULE 6
Section 11; Third, (fourth, etc.)-party complaint

 Under the old Rule, there is no requirement that

the third party claim, etc., must be related to the
main action. The third party claim may be entirely
separate and distinct from the main action.
However, the admission of the third party
complaint is subject to the discretion by the
Court. It has to be filed with prior leave of court.
 RULE 6
Section 11; Third, (fourth, etc.)-party complaint

 Under the 2019 Amendments, the admission of the third party

complaint, etc., is subject to well defined parameters.
 The third party complaint (fourth, etc.,) shall be denied if:
▪ (a) the third (fourth, etc.)- party defendant cannot be
located within thirty (30) calendar days from the grant of
such leave;
▪ (b) matters extraneous to the issue in the principal case are
raised; or
▪ (c) the effect would be to introduce a new and separate
controversy into the action.
 RULE 6
Section 11; Third, (fourth, etc.)-party complaint

 It can be gleaned from the amendment that somehow, the

third (fourth, etc.,) party complaint must at least be related
to the main action because the new Section 11 provides
that when the matters are extraneous to the
issued in the principal case or the effect of the
third (fourth, etc.,) party complaint would be to
introduce a new and separate controversy into the
action, then the third (fourth, etc.,) party complaint must
be denied admission.
 Problem
B and C borrowed P400,000 from A. B, who
received the money from A, gave C P200,000. C
in turn, gave P100,000, by way of loan, to D.
 If a complaint is filed by A against C, should
the third party complaint filed by C against
D be allowed?
 No. Because the third-party claim of C against D
is totally unrelated to the main action.
 Answer
 No. Because the third-party claim of C
against D is totally unrelated to the main
action. The matters raised in the third party
complaint is extraneous to the issue in the
principal case.
 Problem
 A, passenger of a bus owned by B, got in
injured because the bus he was riding was
bumped by a dump truck owned by C. A filed
an action for damages against B and C.
 B, with leave of Court filed a third-party
complaint against C. The Court admitted the
third-party complaint.
 Is the Court correct?
 Answer

 No.B cannot anymore file a third-party

complaint against C.

 Reason:

C is already a party to the case. What he should

have filed is a cross-claim.
Please take NOTE:

 Trial
courts are not especially enjoined by law
to admit a third party complaint. They are
vested with discretion to allow or disallow a
party to an action to implead additional party.
Thus, a defendant has no vested right to file a
third- party complaint (China Banking
Corp. vs. Padilla, 514 SCRA 35, 42).
 Intervention
 Itis a proceeding in a suit or action by which a
third person is permitted by the court to make
himself a party, either by joining the plaintiff in
claiming what is sought by the complaint or
uniting with the defendant in resisting the claims
of the plaintiff (Mactan-Cebu International
Airport Authority vs. Heirs of Minoza, 641
SCRA 520).
 RULE 19
Section 1; Who may intervene
1997 Rules of Civil Procedure 2019 Amendments
Section 1. Who may intervene. — A person who has Section 1. Who may intervene. — A person who has
a legal interest in the matter in litigation, or in the a legal interest in the matter in litigation, or in the
success of either of the parties, or an interest against success of either of the parties, or an interest against
both, or is so situated as to be adversely affected by both, or is so situated as to be adversely affected by
a distribution or other disposition of property in the a distribution or other disposition of property in the
custody of the court or of an officer thereof may, custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the with leave of court, be allowed to intervene in the
action. The court shall consider whether or not the action. The court shall consider whether or not the
intervention will unduly delay or prejudice the intervention will unduly delay or prejudice the
adjudication of the rights of the original parties, and adjudication of the rights of the original parties, and
whether or not the intervenor's rights may be fully whether or not the intervenor’s rights may be fully
protected in a separate proceeding. (2[a], [b]a, R12) protected in a separate proceeding. (1)
 Who may intervene?
A person who has a legal interest in the matter
in litigation;
 or in the success of either of the parties,;
 or an interest against both, or is so situated as to
be adversely affected by a distribution or other
disposition of property in the custody of the
court
 (Section 1, Rule 19)
 What is the meaning of “legal interest”?
 The legal interest must be actual, material, direct and of
an immediate character, not merely contingent or
expectant, so that the intervenor will either gain or lose
by the direct legal operation of judgment.
 Example – a corporate stock holder, cannot merely on
the basis of being a stock holder has legal interest to
intervene in cases involving corporate properties
(Magsaysay-Labrador vs. CA, GR No. 58168,
December 19, 1989).
 Requisites for intervention
 There must be a motion for leave filed before rendition
of judgment
 Movant must show in his motion:
◦ That he has legal interest in matter of litigation or the
success of the parties in the litigation
◦ Legal interest against both parties
◦ The movant is to be adversely affected by a distribution
or other disposition of the property in the custody of
the court.
PARTS OF PLEADINGS
 Parts of a Pleading
Verification and
Signature and
Caption Body Certification against
address
Forum shopping

Name of Claims and

court defenses

Title of Relief
action prayed for

Docket Date
 What is the significance of the
signature of counsel?
 Under Section 3, Rule 7, “the signature of
counsel constitutes a certificate by him or her
that he or she has read the pleading and
document; that to the best of his or her
knowledge, information, and belief, formed
after an inquiry reasonable under the
circumstances:
 What is the significance of the
signature of counsel?
 1. It is not being presented for any improper
purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of
litigation;
 2. The claims, defenses, and other legal
contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument
for extending, modifying, or reversing existing
jurisprudence;
 What is the significance of the
signature of counsel?
 3. The factual contentions have evidentiary
support or, if specifically so identified, will
likely have evidentiary support after
availment of the modes of discovery under
these rules;
 4. The denials of factual contentions are
warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a
lack of information.
 What is the consequence if the lawyer
violates what he certifies?

 The lawyer may receive sanctions from the

Court if he or she violates the rule or reneges
on his or her certification. The sanction may be
extended to the law firm which jointly and
severally liable for a violation committed by its
partner, associate, or employee. (Section 3,
Rule 7).
 RULE 7
Section 3; Signature and address
1997 Rules of Civil Procedure 2019 Amendments
(c) If the court determines, on motion or motu
proprio and after notice and hearing, that this rule
has been violated, it may impose an appropriate
sanction or refer such violation to the proper
office for disciplinary action, on any attorney, law
firm, or party that violated the rule, or is
responsible for the violation. Absent exceptional
circumstances, a law firm shall be held jointly and
severally liable for a violation committed by its
partner, associate, or employee. The sanction may
include, but shall not be limited to, non-monetary
directive or sanction; an order to pay a penalty in
court; or, if imposed on motion and warranted for
effective deterrence, an order directing payment
to the movant of part or all of the reasonable
attorney’s fees and other expenses directly
resulting from the violation, including attorney’s
fees for the filing of the motion for sanction. The
lawyer or law firm cannot pass on the monetary
penalty to the client.
 Verification
 Except when otherwise specifically required by law or
rule, pleadings need not be under oath, verified or
accompanied by affidavit.
 A pleading is verified by an affidavit of an affiant
duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a
party, whether in the form of a secretary’s
certificate or a special power of attorney, should
be attached to the pleading. (Section 4, Rule 7).
 Rule 7
Section 4
 Under 2019 Amendments, a pleading is verified by
an affidavit of an affiant duly authorized to sign
said verification. The authorization of the affiant
to act on behalf of a party, whether in the form
of a secretary’s certificate or a special power of
attorney, should be attached to the pleading.
 This requirement is applicable when the one who
would verify the pleading is not the party but the one
who was authorized by the party.
 RULE 7
Section 4

 The requirement that proof of authority of the

affiant who verified for and in behalf of the party
must be attached to the pleading was introduced
to address, once and for all, the persistent issue on
whether the affiant has the authority to verify the
pleading for and in behalf of the party.
 Rule 7
Section 4

 The amendment must have been inspired by the

ruling of the Supreme Court in the case of Cosco
Philippines Shipping, Inc., vs. Kemper
Insurance Co, 670 SCRA 343.The SC ruled:
 “We have consistently held that the certification
against forum shopping must be signed by the
principal parties. If, for any reason, the principal
party cannot sign the petition, the one signing on
his behalf must have been duly authorized.”
 What should be attested in the
verification?
 1. The allegations in the pleading are true and correct based on
his or her personal knowledge, or based on authentic
documents.

 2. The pleading is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation; and

 3. The factual allegations therein have evidentiary support after

reasonable opportunity for discovery.

(Section 4, Rule 7).

 Rule 7
Section 4

 This is an improvement of the old Rule.

 Under the old Rule what the verification attest is
only is that affiant has read the pleading and that
the allegations therein are true and correct of his
knowledge and belief. Now, the affiant attests that
the pleading is not frivolous.
Please take NOTE:

A pleading required to be verified that contains

a verification based on “information and belief,”
or upon “knowledge, information and belief,” or
lacks a proper verification, shall be treated as an
unsigned pleading.

(Section 4, Rule 7).

HOWEVER:
 Defectin verification does not necessarily render
the pleading defective. It is only a formal defect
and not a jurisdictional requirement. The
requirement is a condition affecting only the form
of the pleading (Benedicto-Munoz vs. Cacho-
Olivares, GR No. 179121, November 9, 2015;
Waterfront Cebu Casino Hotel vs.
Ledesma, GR No. 197556, march 25, 2015).
 Certification against forum shopping
 (a) that he has not theretofore commenced any action or
filed any claim involving the same issues in any court, tribunal
or quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein;
 (b) if there is such other pending action or claim, a complete
statement of the present status thereof; and
 (c) if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall report
that fact within five (5) days therefrom to the court wherein
his aforesaid complaint or initiatory pleading has been filed
(Section 5, Rule 7).
 Who executes the certification against
forum shopping?

 Itis the plaintiff or principal party who executes the

certification under oath (Agustin vs. Cruz-
Herrera, GR No. 174564, February 2, 3014). It
must be executed by the party pleader, not his
counsel. If, however, for justifiable reason. If the
party-pleader is unable to sign, he must execute a
special power of attorney designating his counsel of
record to sign in his behalf (Uy vs. CA, GR No.
173186, September 16, 2019).
Who signs the certification if the plaintiff
is a juridical entity?
 Certification must be executed by properly
authorized persons (National Steel Corporation
vs. CA, 388 SCRA 85, 91-92).
 Hence, with respect to a corporation, the board of
directors or by one who is duly authorized by
resolution of the board of directors; otherwise, the
complaint will have to be dismissed (Cosco
Philippines Shipping, Inc., vs. Kemper
Insurance Co., 670 SCRA 343, 351-352).
Under the new RULES:

 The authorization of the affiant to act on

behalf of a party, whether in the form of a
secretary’s certificate or a special power of
attorney, should be attached to the pleading.
(Section 5, Rule 7).
 What is the rule if there are several
plaintiffs or petitioners?

 The certification against forum shopping

must be signed by all the plaintiffs or
petitioners in a case; otherwise, those who
did not sign will be dropped as parties to
the case.
 Is there an exception?

 YES.
 When plaintiffs share a common interest and
invoke a common cause of action or defense,
the signature of only one of them substantially
comply with the rules (Basan vs. Coca-Cola
Bottlers Philippines, GR No. 174365-66,
Febraury 4, 2015; Prince Transport, Inc.,
vs. Garcia, 639 SCRA 312).
Effects of non-compliance with the rule on
certification against forum shopping
 It is a ground for dismissal.
 The dismissal on this ground is without prejudice, unless
otherwise provided.
 Not curable by amendment.
 False certification and non-compliance with undertaking
constitute direct contempt.
 If forum shopping is wilful or deliberate – ground for
summary dismissal with prejudice and would constitute
direct contempt (Section 5, Rule 7).
 How should the court treat non-compliance with
requirements of defective verification and certification
against forum shopping.

 Non-compliance with or defect in verification will not render the

pleading fatally defective. The defect may be dispensed with. It is
deemed complied with when one who signed it has ample
knowledge and can swear to the truth of the allegation.

 As to certification against forum shopping, non-compliance

therewith or defect therein, is generally not curable by amendment
or subsequent submission of the correct one. It can only be relaxed
under special and compelling reason. It must be signed by all parties;
those who did not sign shall be considered dropped as parties.
(Vda. de Formoso vs. PNB, 650 SCRA 35, 44-45).
Manner of Making Allegations in
Pleadings
Manner of Making Allegations in Pleadings
General Every pleading shall contain in a methodical and
Rule: logical form, a plain, concise and direct statement
of the ultimate facts, including the evidence on
which the party pleading relies for his or her
claim or defense, as the case may be.
If a cause of action or defense relied on is
based on law, the pertinent provisions thereof
and their applicability to him or her shall be
clearly and concisely stated. (Section 1, Rule 8).
 RULE 8
Section 1; In general
1997 Rules of Civil Procedure 2019 Amendments

Section 1 In general. — Every pleading shall Section 1 In general. — Every pleading shall
contain in a methodical and logical form, a contain in a methodical and logical form, a
plain, concise and direct statement of the plain, concise and direct statement of the
ultimate facts on which the party pleading ultimate facts, including the evidence on
relies for his claim or defense, as the case may which the party pleading relies for his or her
be, omitting the statement of mere claim or defense, as the case may be.
evidentiary facts.
If a cause of action or defense relied on is
based on law, the pertinent provisions thereof
If a defense relied on is based on law, the
and their applicability to him or her shall be
pertinent provisions thereof and their
clearly and concisely stated.
applicability to him shall be clearly and
concisely stated.
 RULE 8
Section 1
 Section 1, Rule 8 of the 2019 Amendments mandates that the pleading
not only contain concise and direct statement of the ultimate facts
constituting party’s claim or defense. It also requires to state the
evidence needed in order to prove said ultimate facts.
 This is to be consistent with Section 6, Rule 7.
 This rule can be likened to the Section 3, Rule 3 of the Rules of
Procedure for Environmental Cases which provides that: “The plaintiff
shall attach to the verified complaint all evidence proving or supporting the
cause of action consisting of the affidavits of witnesses, documentary
evidence and if possible, object evidence. The affidavits shall be in question
and answer form and shall comply with the rules of admissibility of
evidence.”
Matters which can be averred generally:
Condition precedent (Sec. 3, Rule 8)

Capacity to sue or be sued (Sec. 4, Rule 8)

Judgment (Sec. 6, Rule 8)

Malice, intent, knowledge or other condition of the mind (Sec. 5,

Rule 8)
Official document or act (Sec. 9, Rule 8)
Please take NOTE:
 If
one contest the party’s capacity to
sue, it must be denied specifically with
supporting particulars (Sec. 4, Rule 8).

 Inpleading judgment, certified true copy

thereof must be attached (Sec. 6,
Rule).
Matters which must be specifically averred
 In all averments of fraud or mistake, the
circumstances constituting fraud or mistake
must be stated with particularity (Section
5, Rule 8).
 It is not enough for the complaint to allege
that he was defrauded by the defendant.
Under the provision, the complaint must
state with particularity the fraudulent acts
of the adverse party.
 Is pleading different causes of action or
defense permissible?
 YES.
 Under Section 2, Rule 8, it is provided that
“a party may set forth two or more statements
of a claim or defense alternatively or
hypothetically, either in one cause of action or
defense or in separate causes of action or
defenses.”
How to allege action or defense based on
actionable document

 SECTION 7. Action or Defense Based on Document. —

Whenever an action or defense is based upon a written
instrument or document, the substance of such
instrument or document shall be set forth in the
pleading, and the original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may
with like effect be set forth in the pleading (Rule 8).
 How to contest such document
 When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding
pleading as provided in the preceding section, the
genuineness and due execution of the instrument shall be
deemed admitted unless the adverse party, under
oath, specifically denies them, and sets forth what he
claims to be the facts; but the requirement of an oath
does not apply when the adverse party does not appear to
be a party to the instrument or when compliance with an
order for an inspection of the original instrument is refused
(Section 8, Rule 8) .
 Effect of failure to deny under oath the
due execution and genuineness

 “instrument shall be deemed

admitted unless the adverse party,
under oath, specifically denies them, and
sets forth what he claims to be the
facts” (Section 8, Rule 8)
What defenses are cut off by the implied
admission?
 Forgery of document
 Lack of authority to execute the document
 The party charged signed the document in some other
capacity than that alleged in the pleading
 The document was never delivered
 Document was not in the words and figures as set out in
the pleading
 (See: Hibberd vs. Rohde and Mcmillian, 32 Phil.
476; Imperial Textile Mills vs. CA, 183 SCRA 584)
How to deny the allegation in the complaint
 A defendant must specify each material allegation of fact the
truth of which he does not admit and, whenever practicable,
shall set forth the substance of the matters upon which he relies
to support his denial. Where a defendant desires to deny only
a part of an averment, he shall specify so much of it as is true
and material and shall deny only the remainder. Where a
defendant is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in
the complaint, he shall so state, and this shall have the effect
of a denial (Section 10, Rule 8).
 Manner of denying an allegation

By specifically denying the allegation and setting forth the

substance upon which one relies his denial.

By specifically denying some part of the allegation and

admitting the rest.

By specifically denying the allegation for lack of knowledge

sufficient to form a belief as to the truth or falsity of the
allegation.
 Effect of failure to deny specifically
 Material averment in the complaint, other
than those as to the amount of unliquidated
damages, shall be deemed admitted when
not specifically denied. Allegations of usury in
a complaint to recover usurious interest are
deemed admitted if not denied under oath
(Section 11, Rule 8).
Please take NOTE:
 When the defendant alleges having no knowledge
or information sufficient to form a belief as to
the truth of the allegations of the other party but
such matters are plainly and necessarily within
defendant’s knowledge, a claim of “ignorance or
lack of information” will not be considered a
specific denial, hence, implied admission
(Acquintey vs. Tibong, 515 SCRA 414, 433;
Camitan vs. CA, 511 SCRA 364, 373).
 What is a negative pregnant?
 It is a negative implying also an affirmative and which,
although stated in a negative form, really admits the
allegations to which it relates (Black’s Law
Dictionary).
 It is a form of negative expression which carries with
it an affirmation or at least an implication of some
kind favorable to the adverse party (Valdez vs.
Dabon, Jr.,A.C. No. 7353, November 16, 2015).
 Negative pregnant is not a specific denial. It is an
admission.
 RULE 8
Section 12; Affirmative defenses
1997 Rules of Civil Procedure 2019 Amendments
Section 12 Striking out of pleading or matter contained Section 12 Affirmative defenses- (a) A defendant
therein. — Upon motion made by a party before shall raise his or her affirmative defenses in his
responding to a pleading or, if no responsive pleading or her answer, which shall be limited to the
is permitted by these Rules, upon motion made by a reasons set forth under Section 5 (b), Rule 6,
party within twenty (20) days after the service of the and the following grounds:
pleading upon him, or upon the court's own initiative
at any time, the court may order any pleading to be (1) That the court has no jurisdiction over the
stricken out or that any sham or false, redundant, person of the defending party;
immaterial, impertinent, or scandalous matter be (2) That the venue is improperly laid;
stricken out therefrom. (3) That the plaintiff has no legal capacity to
sue;
*now section 13 with minor amendments (4) That the pleading asserting the claim
states no cause of action; and
(5) That the condition precedent for filing the
claim has not been coplied with.
 RULE 8
Section 12; Affirmative defenses
1997 Rules of Civil Procedure 2019 Amendments
(b) Failure to raise the affirmative defenses
at the earliest opportunity shall constitute a
waiver thereof.

(c) The court shall motu proprio resolve the

above affirmative defenses within thirty (30)
calendar days from the filing of the answer.
 RULE 8
Section 12; Affirmative defenses
1997 Rules of Civil Procedure 2019 Amendments
(d) As to the other affirmative defenses under
the first paragraph of Section 5(b), Rule 6, the
court may conduct a summary hearing within
fifteen (15) calendar days from the filing of the
answer. Such affirmative defenses shall be
resolved by the court within thirty (30)
calendar days from the termination of the
summary hearing.

(e) Affirmative defenses, if denied, shall not be

the subject of a motion for reconsideration or
petition for certiorari, prohibition or mandamus
, but may be among the matters to be raised
in appeal after a judgement on the merits.
 RULE 8
Section 12
 Section 12, Rule 8 of the 2019 Amendments
substantially changed the concept of affirmative defense.
Under the new rule, affirmative defenses are not limited
to those matters stated in Section 5 (b), Rule 6.
Affirmative defenses must now include the different
grounds for a motion to dismiss under Section 1, Rule
16 of the old Rules.
 This should be read in conjunction with Section
5, Rule 6.
 RULE 8
Section 12
 What are the other grounds which must be alleged
as affirmative defenses?

 1) That the court has no jurisdiction over the person of

the defending party;
 2) That the venue is improperly laid;
 3) That the plaintiff has no legal capacity to sue;
 4) That the pleasing asserting the claim states no cause of
action; and
 5) That the condition precedent for filing the claim
has not been copied with.
 RULE 8
Section 12
 What is the effect of failure to plead those
grounds as affirmative defenses?

 Failureto raise the affirmative defenses at

the earliest opportunity shall constitute a
waiver thereof (Section 12, Rule 8).
 RULE 8
Section 12
 What should be the action of the court on the
affirmative defenses?

 The court shall motu proprio resolve the affirmative

defenses under Section 12 within thirty (30)
calendar days from the filing of the answer.
(Section 12, Rule 8). It is not necessary for the
Court to conduct a hearing before it can resolve
these grounds.
 RULE 8
Section 12
 PLEASE TAKE NOTE:

 With respect to affirmative defenses Section 5

(b), Rule 6, the Court shall resolve the same
within thirty (30) calendar days from the
termination of the summary hearing.
 Hearing, therefore, may be required by the court
which must be summary.
 RULE 8
Section 12

 PLEASE TAKE NOTE ALSO:

 Affirmativedefenses, if denied, shall not be
the subject of a motion for reconsideration
or petition for certiorari, prohibition or
mandamus , but may be among the matters
to be raised in appeal after a judgement on
the merits.
Amended and Supplemental
Pleadings
When is amendment a matter of right?

Aparty may amend his pleading once as

a matter of right at any time before a
responsive pleading is served or, in the
case of a reply, at any time within ten
(10) calendar days after it is served
(Section 2, Rule 10).
May the complaint be amended as a matter of
right after a Motion to Dismiss is served?
 YES.
 Because a Motion to dismiss is not a responsive
pleading and its filing does not preclude the
exercise of the plaintiff’s right to amend his
complaint (Alpine Lending Investor vs.
Corpuz, 508 SCRA 45, 48-49; Republic vs.
Ilao, 4 SCRA 106; Remington Industrial
Sales vs. CA, 382 SCRA 499, 506)
 If the motion to dismiss is granted, may a
compliant be amended as a matter of right?

 YES.
 Provided the Order of dismissal is not
yet final and executory (Bautista vs.
Maya-Maya Cottages, 476 SCRA
416, 419).
 May amendment be made to correct the
jurisdictional defect before responsive pleading
is filed?
 YES.
 Because amendment is a matter of right.
 Please read: Gumabay vs. Baralin, 77 SCRA 258.
 A complaint was filed for forcible entry before the RTC.
Defendant filed a motion to dismiss for lack of
jurisdiction. Plaintiff amended his compliant and
transformed it into quieting of title. The SC ruled that it
may be allowed because amendment is a matter of right.
 Amendment with leave of court
 Except as provided in the next preceding Section, substantial
amendments may be made only upon leave of court. But
such leave shall be refused if it appears to the court that the
motion was made with intent to delay or confer
jurisdiction on the court, or the pleading stated no
cause of action from the beginning which could be
amended. Orders of the court upon the matters provided
in this Section shall be made upon motion filed in court, and
after notice to the adverse party, and an opportunity to be
heard (Section 3, Rule 10).
 RULE 10
Section 3; Amendments by leave of court.
1997 Rules of Civil Procedure 2019 Amendments
Section 3. Amendments by leave of court. — Section 3. Amendments by leave of court. —
Except as provided in the next preceding section, Except as provided in the next preceding Section,
substantial amendments may be made only upon substantial amendments may be made only upon
leave of court. But such leave may be refused if it leave of court. But such leave shall be refused if it
appears to the court that the motion was made appears to the court that the motion was made
with intent to delay. Orders of the court upon the with intent to delay or confer jurisdiction on
matters provided in this section shall be made the court, or the pleading stated no cause
upon motion filed in court, and after notice to the of action from the beginning which could
adverse party, and an opportunity to be heard. be amended. Orders of the court upon the
(3a) matters provided in this Section shall be made
upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard.
(3a)
 RULE 10
Section 3
 Section 3 of the 2019 Amendments emphasizes that if
respondent pleading has already been filed, substantial
amendment may be made only by leave of court.
 However, leave of court shall be denied if the motion
was made 1) with the intent to delay; 2) confer
jurisdiction on the court; 3) or the pleading stated no
cause of action from the beginning which could be
amended.
 RULE 10
Section 3
 Leave of court shall be denied if the purpose of amendment
is to confer jurisdiction after the responsive pleading is filed.
 Complaint cannot be amended to confer jurisdiction on the
court in which it was filed, if the cause of action originally set
forth was not within the court’s jurisdiction (Campos
Rueda Corp. vs. Baustista, 6 SCRA 240, 244).
 This is because the court must first acquire jurisdiction over
the subject matter in order to act validly on the same
including its amendment (Gaspar vs. Dorado, 15 SCRA
331, 334).
 May amendment be made to correct the
jurisdictional defect after responsive
pleading is filed?
 NO.
 Complaint cannot be amended to confer jurisdiction on the
court in which it was filed, if the cause of action originally set
forth was not within the court’s jurisdiction (Campos
Rueda Corp. vs. Baustista, 6 SCRA 240, 244).
 This is because the court must first acquire jurisdiction over
the subject matter in order to act validly on the same
including its amendment (Gaspar vs. Dorado, 15 SCRA
331, 334)
 Problem
 Debtor executed 3 PN’s in favour of the Creditor. One
of the PN’s became due and demandable. Thus, debtor
not paying the PN, creditor filed a collection suit against
the debtor. While the case is pending, the other PNs
became due and demandable also. The Creditor included
the last two PN as evidences in the case pending. It was
introduced without the objection of the Debtor?
 Can the Court render judgment on the last two
PNs?
 Answer
 NO.
 Section 5 thereof applies to situations wherein evidence
not within the issues raised in the pleadings is presented
by the parties during the trial, and to conform to such
evidence the pleadings are subsequently amended on
motion of a party. Thus, a complaint which fails to state a
cause of action may be cured by evidence presented
during the trial. However, the curing effect under
Section 5 is applicable only if a cause of action in fact
exists at the time the complaint is filed, but the
complaint is defective for failure to allege the essential facts
(Swagman Hotels and Travel vs. CA, 455 SCRA 175).
 No need to filed motion to amend to
conform to evidence
 When issues not raised by the pleadings are tried
with the express or implied consent of the
parties, they shall be treated in all respects as if
they had been raised in the pleadings. No
amendment of such pleadings deemed
amended is necessary to cause them to
conform to the evidence (Section 5, Rule
10).
 RULE 10
Section 5; No amendment necessary to conform to or authorize
presentation of evidence
1997 Rules of Civil Procedure 2019 Amendments

Section 5. Amendment to conform to or authorize Section 5. No amendment necessary to conform to

presentation of evidence. — When issues not raised or authorize presentation of evidence. — When
by the pleadings are tried with the express or issues not raised by the pleadings are tried with
implied consent of the parties they shall be the express or implied consent of the parties, they
treated in all respects as if they had been raised in shall be treated in all respects as if they had been
the pleadings. Such amendment of the pleadings as raised in the pleadings. No amendment of such
may be necessary to cause them to conform to pleadings deemed amended is necessary to
the evidence and to raise these issues may be cause them to conform to the evidence.
made upon motion of any party at any time, even (5a)
after judgment; but failure to amend does not
effect the result of the trial of these issues. If
evidence
 What is the effect amendment?
 It supersedes the pleading that it amends
(Section 8, Rule 10).
 The admission made in the superseded
pleading may be received in evidence against
the pleader (Section 8, Rule 10). It is
treated as extra-judicial admission (Torres
vs. CA, 131 SCRA 24, 35).
Is summons required to be issued after a
complaint is amended?
 Ifthe summons have already been served, there is
NO need for the issuance of another summons
because the Court has already acquired jurisdiction
over the person of the defendant.
 However, if the complaint was amended prior to the
service of summons, new summons is needed for
the amended complaint (Vlason vs. Enterprise
Corp. vs. CA, 310 SCRA 26, 57-58).
 Supplemental Pleading

 Supplemental pleading is one which

forth transactions, occurrences or
events which have happened since the
date of the pleading sought to be
supplemented (Sec. 6, Rule 10).
Please take NOTE:
 When the cause of action in the supplemental
complaint is different from the cause of action
mentioned in the original complaint, the court
should not admit the supplemental complaint
(APT vs. CA, 324 SCRA 533). Its usual office
is to set up new facts which justify, enlarge or
change the kind of relief with respect to the
same subject matter as the controversy
referred to in the original complaint (Chan vs.
Cahn, 569 SCRA 106).
Effect of Failure to Plead
 What is the effect if defenses and
objections are not pleaded in the answer
or motion to dismiss?

They are Sec. 1,

deemed Exceptions: Rule 9
WAIVED:

Lack jurisdiction
over the subject Litis pendencia Res judicata precription
matter,
What is the effect if compulsory and
cross-claim are not set-up?

Section 2, Rule 9

BARRED
 DEFAULT
 If the defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and
proof of such failure, declare the defending party in
default. Thereupon, the court shall proceed to render
judgment granting the claimant such relief as his pleading
may warrant, unless the court in its discretion requires
the claimant to submit evidence. Such reception of
evidence may be delegated to the clerk of court
(Section 3, Rule 9).
 Period to file Answer to Complaint

Section 1. Answer to the complaint. —

The defendant shall file his or her
answer to the complaint within
thirty (30) calendar days after
service of summons, unless a different
period is fixed by the court (Rule 11).
Requisites before a defending party may
be declared in default?
 Jurisdiction over the person
 Filing of motion
 Proof that defending party failed to answer within the
period
 Must be notified of the motion
 There must be hearing
 (see: Spouses de los Santos vs. Carpio, 501 SCRA
390, 399-400)
 What is the effect of declaration of
default?
 A party in default shall be entitled to notice of subsequent
proceedings, but not to take part in the trial (Sec. 3(a),
Rule 9).
 Allow the plaintiff to present evidence ex-parte.
 Court shall render judgment granting the claimant such
relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of
court. (Sec. 3, Rule 9).
 A judgment rendered against a party in default shall not
exceed the amount or be different in kind from that prayed
for nor award unliquidated damages (Sec. 3(d), Rule 9).
 What should the court do if some of the
defendant files answer and others do not
and the complaint asserts common cause
of action against all the defendants?
 When a pleading asserting a claim states a common
cause of action against several defending parties, some of
whom answer and the others fail to do so, the court shall
try the case against all upon the answers thus filed and
render judgment upon the evidence presented (Sec.
3(c), Rule 9).
 Answer was filed beyond the reglamentary
period but before declaration of default
 Where the answer is filed beyond the reglementary period
but before the defendant is declared in default and there is
no showing that defendant intends to delay the case, the
answer should be admitted (San Pedro Cineflex
Properties, Inc. vs. Heirs of Manuel Humada Erano,
635 SCRA 421, 424-425).
 The Court can still admit the answer even if it was filed out
of time because, at the time of filing, defendant were not yet
declared in default nor was a motion to declare them in
default ever filed (Sablas vs. Sablas, 526 SCRA 292,
297).
 Remedies of defending party declared in default
Remedy after
notice of order of File a motion under oath to set aside the order of default upon
default but proper showing that his failure to answer was due to fraud,
before judgment accident, mistake or excusable negligence and that he has a
meritorious defense.
Remedy after
judgment and File a motion for new trial under Rule 37 or appeal the judgment
before judgment if contrary to evidence or law
becomes final
and executory

Remedy after
judgment File petition for Relief under Rule 38
becomes final
and executory
 May a party be declared in default for
other reason?
 YES.
 If a disobedient party refuses to obey an order
requiring him to comply with various modes of
discovery (Sec. 3 (c), Rule 29).
 If a party or officer or managing agent of party fails
to appear before the officer who is to take his
deposition, or a party fails to serve answer to
interrogatories (Sec. 5, Rule 29).
When to file Responsive Pleading
 When to responsive pleading?
 Answer to complaint – 30 days after service of Summons
(Section 1, Rule 11).
 Answer of a defendant foreign private juridical entity when
summons is made on government official designated by law to
receive the same – 60 days from receipt of summons
(Section 2, Rule 11).
 Answer to amended complaint – 30 days if amendment is a
matter or right or 15 days if amendment is not a matter
of right. This rule shall apply to answer to amended
counterclaim, cross-claim, third (fourth, etc.,) complaint
or complaint-in-intervention (Section 2, Rule 11).
 When to responsive pleading?
 Answer to counterclaim or cross-claim – 20 days
from service (Section 4, Rule 11).
 Answer to Third party, etc., - 30 days (Section 5,
Rule 11).
 Reply under Section 10, Rule 6, – 15 days from
service (Section 6, Rule 11).
 Answer to supplemental complaint – 20 days from
notice of the order admitting (Section 7, Rule
11).
 Motion for Extension of Time
 Section 11. Extension of time to file an answer. — A
defendant may, for meritorious reasons, be granted
an additional period of not more than thirty (30)
calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time
to file an answer.

 A motion for extension to file any pleading, other

than an answer, is prohibited and considered a mere
scrap of paper. The court, however, may allow any
other pleading to be filed after the time fixed by
these Rules (Section 11, Rule 11).
 RULE 11
Section 11
 Under the new rule, only one motion for
extension time to file Answer may be granted by
the court. The court can grant another 30 days to
file an Answer.
 A motion for extension to file any pleading, other
than an answer, is prohibited and considered a
mere scrap of paper. The court, however, may allow
any other pleading to be filed after the time fixed
by these Rules.
 RULE 11
Section 11; Extension of time
1997 Rules of Civil Procedure 2019 Amendments

Section 11. Extension of time to plead. — Upon Section 11. Extension of time to file an answer.
motion and on such terms as may be just, the — A defendant may, for meritorious
court may extend the time to plead provided in reasons, be granted an additional period of
these Rules. not more than thirty (30) calendar days to
file an answer. A defendant is only allowed
The court may also, upon like terms, allow an to file one (1) motion for extension of time
answer or other pleading to be filed after the to file an answer.
time fixed by these Rules. (7)
A motion for extension to file any pleading,
other than an answer, is prohibited and
considered a mere scrap of paper. The
court, however, may allow any other
pleading to be filed after the time fixed by
these Rules. (11a)
Filing and Service of Pleadings,
Judgments and Other Papers
 RULE 13
Section 1; Coverage
1997 Rules of Civil Procedure 2019 Amendments

Section 1. Coverage. — This Rule shall Section 1. Coverage. — This Rule

govern the filing of all pleadings and shall govern the filing of all
other papers, as well as the service pleadings, motions, and other
thereof, except those for which a
court submissions, as well as
different mode of service is prescribed.
(n) their service, except those for
which a different mode of service is
prescribed. (1a)
 RULE 13
Section 1
 Rule
13 governs the rule on the filing and service
of pleadings, motions and other court
submissions.

 There are documents filed in court which are not

within the category of pleadings or motions. For
instance, manifestations, formal offer evidence, or
entry of appearance.These are court submissions.
 RULE 13
Section 2; Filing and Service, defined
1997 Rules of Civil Procedure 2019 Amendments

Section 2. Filing and service, defined. — Filing is Section 2. Filing and Service, defined. — Filing is
the act of presenting the pleading or other paper the act of submitting the pleading or other
to the clerk of court. paper to the court.

Service is the act of providing a party with a copy Service is the act of providing a party with a copy
of the pleading or paper concerned. If any party of the pleading or any other court submission.
has appeared by counsel, service upon him shall be If a party has appeared by counsel, service upon
made upon his counsel or one of them, unless such party shall be made upon his or her
service upon the party himself is ordered by the counsel, unless service upon the party and the
court. Where one counsel appears for several party’s counsel is ordered by the court. Where
parties, he shall only be entitled to one copy of one counsel appears for several parties, such
any paper served upon him by the opposite side. counsel shall only be entitled to one copy of any
(2a) paper served by the opposite side.
 RULE 13
Section 2; Filing and Service, defined
1997 Rules of Civil Procedure 2019 Amendments

Where several counsels appear

for one party, such party shall be
entitled to only one copy of any
pleading or paper to be served
upon the lead counsel if one is
designated, or upon any one of
them if there is no designation of
a lead counsel. (2a)
 RULE 13
Section 2

 Section 2 mandates that if a party is

represented by several counsels, such party
is entitled only to one copy of the pleading
or paper, to be served upon the lead
counsel. Should there be no designated lead
counsel, to anyone of the counsels of the
party.
Please take NOTE:
 Subject to compelling reasons involving
substantial justice, service of a petition
upon a party, when the party is represented
by counsel of record, is a patent nullity and
is not binding upon the party wrongfully
served (Republic vs. Caguioa, 671
SCRA 306, 317).
 RULE 13
Section 3; Manner of filing
1997 Rules of Civil Procedure 2019 Amendments

Section 3. Manner of filing. — The filing of Section. 3. Manner of filing. — The filing of
pleadings, appearances, motions, notices, pleadings and other court submissions shall be
orders, judgments and all other papers shall made by:
be made by presenting the original copies
thereof, plainly indicated as such, personally to (a) Submitting personally the original
the clerk of court or by sending them by thereof, plainly indicated as such, to the
registered mail. In the first case, the clerk of court;
court shall endorse on the pleading the date
and hour of filing. In the second case, the (b) Sending them by registered mail;

(c) Sending them by accredited courier; or

 RULE 13
Section 3; Manner of filing
1997 Rules of Civil Procedure 2019 Amendments

date of the mailing of motions, pleadings, or any (d) Transmitting them by electronic mail or
other papers or payments or deposits, as shown other electronic means as may be
by the post office stamp on the envelope or the authorized by the Court in places where
registry receipt, shall be considered as the date of the court is electronically equipped.
their filing, payment, or deposit in court. The
envelope shall be attached to the record of the In the first case, the clerk of court shall endorse
case. (1a) on the pleading the date and hour of filing. In the
second and third cases, the date of the mailing
of motions, pleadings, and other court submissions,
and payments or deposits, as shown by the post
office stamp on the envelope or the registry
 RULE 13
Section 3; Manner of filing
1997 Rules of Civil Procedure 2019 Amendments

receipt, shall be considered as the date

of their filing, payment, or deposit in
court. The envelope shall be attached
to the record of the case. In the
fourth case, the date of electronic
transmission shall be considered
as the date of filing. (3a)
 RULE 13
Section 3
 Section 3 of the new Rules expands the manner of
filing. Filing can be made in four ways:
 (a)Submitting personally the original thereof, plainly
indicated as such, to the court;
 (b) Sending them by registered mail;
 (c) Sending them by accredited courier;
 (d)Transmitting them by electronic mail or other
electronic means as may be authorized by the Court in
places where the court is electronically equipped.
 RULE 13
Section 3
 When is the pleading, motion or other court
submissions considered filed?
 (a)When filed personally, upon the receipt of the
court;
 (b)When filed registered mail or accredited courier,
the date of mailing;
 (c) In the fourth case, the date of electronic
transmission shall be considered as the date of filing.
 RULE 13
Section 4; Papers required to be filed and filed
1997 Rules of Civil Procedure 2019 Amendments

Section 4. Papers required to be filed and Section 4. Papers required to be filed and
served. — Every judgment, resolution, served. – Every judgment, resolution,
order, pleading subsequent to the order, pleading subsequent to the
complaint, written motion, notice, complaint, written motion, notice,
appearance, demand, offer of judgment appearance, demand, offer of judgment
or similar papers shall be filed with the or similar papers shall be filed with the
court, and served upon the parties court, and served upon the parties
affected. (2a) affected. (4)
 RULE 13
Section 5; Modes of Service
1997 Rules of Civil Procedure 2019 Amendments

Section 5. Modes of service. — Service of Section 5. Modes of Service. — Pleadings,

pleadings motions, notices, orders, judgments motions, notices, orders, judgments, and
and other papers shall be made either other court submissions shall be
personally or by mail. (3a)
served personally or by registered
mail, accredited courier, electronic
mail, facsimile transmission, other
electronic means as may be
authorized by the Court, or as
provided for in international
conventions to which the
Philippines is a party. (5a)
 RULE 13
Section 4
 Under the new rule, there are four methods of service:
 1. Personal service
 2. By registered mail
 3. By accredited courier service
 4. Electronic mail, facsimile transmission, other electronic
means as may be authorized by the Court,
 5. Service or as provided for in international conventions to
which the Philippines is a party. (Convention of 15
November 1965 on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial
Matters)
 RULE 13
Section 6; Personal Service
1997 Rules of Civil Procedure 2019 Amendments
Section 6. Personal Service. — Court
Section 6. Personal service. — Service of the submissions may be served by personal
papers may be made by delivering delivery of a copy to the party or to the
personally a copy to the party or his counsel, or party’s counsel, or to their authorized
by leaving it in his office with his clerk or with a representative named in the appropriate
person having charge thereof. If no person is found pleading or motion, or by leaving it in his or
in his office, or his office is not known, or he has her office with his or her clerk, or with a person
no office, then by leaving the copy, between the having charge thereof. If no person is found in his
hours of eight in the morning and six in the or her office, or his or her office is not known,
evening, at the party's or counsel's residence, if or he or she has no office, then by leaving the
known, with a person of sufficient age and copy, between the hours of eight in the morning
discretion then residing therein. (4a) and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age
and discretion residing therein. (6a)
 RULE 13
Section 6

 Under the new rule, personal service may

be made not only to party or the party’s
counsel, but also to party’s authorized
representatives named in the appropriate
pleading or motion.
 RULE 13
Section 7; Service by mail
1997 Rules of Civil Procedure 2019 Amendments
Section 7. Service by mail. — Service by Section 7. Service by mail. — Service by
registered mail shall be made by depositing the registered mail shall be made by depositing the
copy in the post office in a sealed envelope, plainly copy in the post office, in a sealed envelope,
addressed to the party or his counsel at his office, plainly addressed to the party or to the party’s
if known, otherwise at his residence, if known, counsel at his or her office, if known, otherwise
with postage fully prepaid, and with instructions at his or her residence, if known, with postage
to the postmaster to return the mail to the fully pre-paid, and with instructions to the
sender after ten (10) days if undelivered. If no postmaster to return the mail to the sender after
registry service is available in the locality of either ten (10) calendar days if undelivered. If no
the senders or the addressee, service may be registry service is available in the locality of either
done by ordinary mail. (5a; Bar Matter No. 803, 17 the sender or the addressee, service may be done
February 1998) by ordinary mail. (7a)
 RULE 13
Section 8; Substituted service
1997 Rules of Civil Procedure 2019 Amendments
Section 8. Substituted service. — If service of Section 8. Substituted service. – If service of
pleadings, motions, notices, resolutions, pleadings, motions, notices, resolutions,
orders and other papers cannot be made orders and other papers cannot be made
under the two preceding sections, the office under the two preceding sections, the office
and place of residence of the party or his and place of residence of the party or his or
counsel being unknown, service may be made her counsel being unknown, service may be
by delivering the copy to the clerk of court, made by delivering the copy to the clerk of
with proof of failure of both personal service court, with proof of failure of both personal
and service by mail. The service is complete service and service by mail. The service is
at the time of such delivery. (6a) complete at the time of such delivery. (8a)
 RULE 13
Section 9; Service by electronic means and facsimile
1997 Rules of Civil Procedure 2019 Amendments
Section 9. Service by electronic means and
facsimile. — Service by electronic means and
facsimile shall be made if the party concerned
consents to such modes of service.

Service by electronic means shall be made by

sending an e-mail to the party’s or counsel’s
electronic mail address, or through other
NONE electronic means of transmission as the
parties may agree on, or upon direction of the
court.

Service by facsimile shall be made by sending a

facsimile copy to the party’s or counsel’s given
facsimile number.
 RULE 13
Section 9
 Under this section, service by electronic means and
facsimile shall be made if the party concerned
consents to such modes of service.
 If a party consents, service by electronic means shall be
made by sending an e-mail to the party’s or counsel’s
electronic mail address, or through other electronic means
of transmission as the parties may agree on, or upon
direction of the court.
 Service by facsimile shall be made by sending a facsimile
copy to the party’s or counsel’s given facsimile number.
 RULE 13
Section 10; Presumption service
1997 Rules of Civil Procedure 2019 Amendments
Section 10. Presumptive service. —
There shall be presumptive notice
to a party of a court setting if such
notice appears on the records to
have been mailed at least twenty
(20) calendar days prior to the
NONE scheduled date of hearing and if the
addressee is from within the same
judicial region of the court where
the case is pending, or at least
thirty (30) calendar days if the
addressee is from outside the
judicial region. (n)
 RULE 13
Section 10

 There is now a presumptive notice of court setting.

 Notice of court setting is presumptively received if it
appears from the record that the same has been mailed
at least 20 calendar days prior to the scheduled
hearing if the addressee is from within the same judicial
region of the court where the case is pending.
 If outside judicial region, it will be 30 calendar days.
 RULE 13
Section 11; Change of electronic mail address or
facsimile number
1997 Rules of Civil Procedure 2019 Amendments
Section 11. Change of electronic mail address
or facsimile number. — A party who changes
his or her electronic mail address or
facsimile number while the action is
pending must promptly file, within five (5)
calendar days from such change, a notice of
change of e-mail address or facsimile
number with the court and serve the
notice on all other parties.

Service through the electronic mail address

or facsimile number of a party shall be
presumed valid unless such party notifies
the court of any change, as
aforementioned. (n)
 RULE 13
Section 11
 A party who changes his e-mail address or facsimile
number while the action is pending is bound to
promptly inform the court of such change within a
period of five (5) calendar days from such change.
 Please take NOTE:
 Service through the electronic mail address or facsimile
number of a party shall be presumed valid unless such
party notifies the court of any change, as
aforementioned.
 RULE 13
Section 12; Electronic mail and facsimile subject and title
of pleadings and other documents
1997 Rules of Civil Procedure 2019 Amendments

Section 12. Electronic mail and facsimile

subject and title of pleadings and other
documents. — The subject of the
electronic mail and facsimile must
follow the prescribed format: case
number, case title and the pleading,
NONE order or document title. The title of
each electronically-filed or served
pleading or other document, and each
submission served by facsimile shall
contain sufficient information to enable
the court to ascertain from the title:
 RULE 13
Section 12; Electronic mail and facsimile subject and title
of pleadings and other documents
1997 Rules of Civil Procedure 2019 Amendments
(a) the party or parties filing or
serving the paper, (b) nature of the
paper, (c) the party or parties
against whom relief, if any, is sought,
and (d) the nature of the relief
sought. (n)
NONE
 RULE 13
Section 13; Service of judgments, Final orders or Resolutions
1997 Rules of Civil Procedure 2019 Amendments
Section 9. Service of judgments, final orders, or Section 13. Service of Judgments, Final Orders or
resolutions. — Judgments, final orders or Resolutions. — Judgments, final orders, or
resolutions shall be served either personally or by resolutions shall be served either personally or by
registered mail. When a party summoned by registered mail. Upon ex parte motion of any
publication has failed to appear in the action, party in the case, a copy of the judgment,
judgments, final orders or resolutions against him final order, or resolution may be delivered
shall be served upon him also by publication at the by accredited courier at the expense of
expense of the prevailing party. (7a) such party. When a party summoned by
publication has failed to appear in the action,
judgments, final orders or resolutions against him
or her shall be served upon him or her also by
means of publication at the expense of the
prevailing party. (9a)
 RULE 13
Section 13
 As a rule, judgments, final orders, or
resolutions shall be served either personally
or by registered mail.
 However, upon ex parte motion of any
party in the case, a copy of the
judgment, final order, or resolution
may be delivered by accredited
courier at the expense of such party.
 RULE 13
Section 14; Conventional service of filing of orders, pleadings and other
document
1997 Rules of Civil Procedure 2019 Amendments

Section 14. Conventional service or filing of

orders, pleadings and other documents.

– Notwithstanding the foregoing, the

following orders, pleadings, and other
documents must be served or filed
NONE personally or by registered mail when
allowed, and shall not be served or filed
electronically, unless express permission is
granted by the Court:
RULE 13
Section 14
1997 Rules of Civil Procedure 2019 Amendments
(a) Initiatory pleadings and initial
responsive pleadings, such as an answer;

(b) Subpoenae, protection orders, and writs;

(c) Appendices and exhibits to motions, or

other documents that are not readily
amenable to electronic scanning may, at the
option of the party filing such, be filed and
served conventionally; and

(d) Sealed and confidential documents or

records. (n)
 RULE 13
Section 14
 There are pleadings and other documents which must be
filed or served personally or by registered mail:
 1. Initiatory pleadings and initial responsive pleadings, such as an
answer;
 2. Subpoenae, protection orders, and writs;
 3. Appendices and exhibits to motions, or other
documents that are not readily amenable to electronic
scanning may, at the option of the party filing such, be filed and
served conventionally; and
 4. Sealed and confidential documents or records.
 HOWEVER, they may be filed or served through other means,
upon express permission from the court.
 RULE 13
Section 15; Completeness of service
1997 Rules of Civil Procedure 2019 Amendments
Section 10. Completeness of service. — Personal Section 15. Completeness of service. — Personal
service is complete upon actual delivery. Service service is complete upon actual delivery. Service
by ordinary mail is complete upon the expiration by ordinary mail is complete upon the expiration
of ten (10) days after mailing, unless the court of ten (10) calendar days after mailing, unless the
otherwise provides. Service by registered mail is court otherwise provides. Service by registered
complete upon actual receipt by the addressee, or mail is complete upon actual receipt by the
after five (5) days from the date he received the addressee, or after five (5) calendar days from
first notice of the postmaster, whichever date is the date he or she received the first notice of the
earlier. (8a) postmaster, whichever date is earlier. Service by
accredited courier is complete upon actual
receipt by the addressee, or after at least
two (2) attempts to deliver by the
 RULE 13
Section 15
1997 Rules of Civil Procedure 2019 Proposed Amendments
courier service, or upon the expiration of
five (5) calendar days after the first attempt
to deliver, whichever is earlier.

Electronic service is complete at the time

of the electronic transmission of the
document, or when available, at the time
that the electronic notification of service of
the document is sent. Electronic service is
not effective or complete if the party
serving the document learns that it did not
reach the addressee or person to be served.
 RULE 13
Section 15
1997 Rules of Civil Procedure 2019 Amendments
Service by facsimile transmission is
complete upon receipt by the other
party, as indicated in the facsimile
transmission printout. (10a)
RULE 13
Section 15
 When is service considered complete?
 Service by ordinary mail is complete upon the expiration of
ten (10) calendar days after mailing.
 Service by registered mail is complete upon actual receipt by
the addressee, or after five (5) calendar days from the date
he or she received the first notice of the postmaster,
whichever date is earlier.
 RULE 13
Section 15
 When is service considered complete?
 Service by accredited courier is complete upon actual receipt by
the addressee, or after at least two (2) attempts to deliver by the
courier service, or upon the expiration of five (5) calendar days
after the first attempt to deliver, whichever is earlier.
 Electronic service is complete at the time of the electronic
transmission of the document, or when available, at the time that
the electronic notification of service of the document is sent.
 RULE 13
Section 16; Proof of filing
1997 Rules of Civil Procedure 2019 Amendments
Section 12. Proof of filing. — The filing of a pleading or Section 16. Proof of filing. — The filing of a
paper shall be proved by its existence in the record of
pleading or any other court submission
the case. If it is not in the record, but is claimed to have
been filed personally, the filing shall be proved by the shall be proved by its existence in the record
written or stamped acknowledgment of its filing by the of the case.
clerk of court on a copy of the same; if filed by
registered mail, by the registry receipt and by the affidavit
(a) If the pleading or any other court
of the person who did the mailing, containing a full
statement of the date and place of depositing the mail submission is not in the record, but is
in the post office in a sealed envelope addressed to the claimed to have been filed personally, the filing
court, with postage fully prepaid, and with instructions to shall be proven by the written or stamped
the postmaster to return the mail to the sender after ten
acknowledgment of its filing by the clerk of
(10) days if not delivered. (n)
court on a copy of the pleading or court
submission;
 RULE 13
Section 16
1997 Rules of Civil Procedure 2019 Amendments
(b) If the pleading or any other court
submission was filed by registered mail, the
filing shall be proven by the registry receipt
and by the affidavit of the person who mailed
it, containing a full statement of the date and
place of deposit of the mail in the post office
in a sealed envelope addressed to the court,
with postage fully prepaid, and with instructions
to the postmaster to return the mail to the
sender after ten (10) calendar days if not
delivered.
 RULE 13
Section16
1997 Rules of Civil Procedure 2019 Amendments
(c) If the pleading or any other
court submission was filed through
an accredited courier service, the
filing shall be proven by an affidavit
of service of the person who
brought the pleading or other
document to the service provider,
together with the courier’s official
receipt and document tracking
number.
 RULE 13
Section 16
1997 Rules of Civil Procedure 2019 Amendments
(d) If the pleading or any other court
submission was filed by electronic mail,
the same shall be proven by an affidavit
of electronic filing of the filing party
accompanied by a paper copy of the
pleading or other document transmitted
or a written or stamped
acknowledgment of its filing by the clerk
of court. If the paper copy sent by
electronic mail was filed by registered
mail, paragraph (b) of this Section
applies.
 RULE 13
Section 16
1997 Rules of Civil Procedure 2019 Amendments
(e) If the pleading or any other
court submission was filed
through other authorized
electronic means, the same shall
be proven by an affidavit of
electronic filing of the filing party
accompanied by a copy of the
electronic acknowledgment of its
filing by the court. (12a)
 RULE 13
Section 16
 When are proofs of filing?
 By the existence of the pleading or other court submission in the
record of the case;
 If there are not in record, the filing shall be proven by the written
or stamped acknowledgment of its filing by the clerk of court on
a copy of the pleading or court submission;
 If by accredited courier service, by an affidavit of service of the
person who brought the pleading or other document to the
service provider, together with the courier’s official receipt and
document tracking number;
 RULE 13
Section 16
 When are proofs of filing?
 If filed by electronic mail, by an affidavit of electronic filing of the
filing party accompanied by a paper copy of the pleading or other
document transmitted or a written or stamped acknowledgment
of its filing by the clerk of court. If the paper copy sent by
electronic mail was filed by registered mail, paragraph (b) of this
Section applies;
 If filed through other electronic means, the same shall be proven
by an affidavit of electronic filing of the filing party accompanied
by a copy of the electronic acknowledgment of its filing by the
court.
 RULE 13
Section 17; Proof of personal service
1997 Rules of Civil Procedure 2019 Amendments
Section 13. Proof of Service. — Proof of Section 17. Proof of service. –— Proof of
personal service shall consist of a written personal service shall consist of a written
admission of the party served, or the official admission of the party served, or the official
return of the server, or the affidavit of the party return of the server, or the affidavit of the party
serving, containing a full statement of the date, serving, containing a statement of the date,
place and manner of service. If the service is by place, and manner of service. If the service is
ordinary mail, proof thereof shall consist of an made by:
affidavit of the person mailing of facts showing
compliance with section 7 of this Rule. If (a) Ordinary mail. – Proof shall consist of an
service is made by registered mail, proof shall affidavit of the person mailing stating the facts
be made by such affidavit and the registry showing compliance with Section 7 of this Rule.
receipt issued by the mailing office.
 RULE 13
Section 17
1997 Rules of Civil Procedure 2019 Amendments
(b) Registered mail. – Proof shall be made by the
affidavit mentioned above and the registry receipt
issued by the mailing office. The registry return card
shall be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed letter
together with the certified or sworn copy of the
notice given by the postmaster to the addressee.

(c) Accredited courier service. – Proof shall be

made by an affidavit of service executed by
the person who brought the pleading or paper
to the service provider, together with the
courier’s official receipt or document tracking
number.
RULE 13
Section 17
1997 Rules of Civil Procedure 2019 Amendments
(d) Electronic mail, facsimile, or
other authorized electronic means
of transmission. – Proof shall be
made by an affidavit of service
executed by the person who sent
the e- mail, facsimile, or other
electronic transmission, together
with a printed proof of transmittal.
(13a)
 RULE 13
Section 17
 What are proofs of service?
 Accredited courier service. – Proof shall be made by an
affidavit of service executed by the person who brought the
pleading or paper to the service provider, together with the
courier’s official receipt or document tracking number.
 Electronic mail, facsimile, or other authorized
electronic means of transmission. – Proof shall be made
by an affidavit of service executed by the person who sent the
e- mail, facsimile, or other electronic transmission, together
with a printed proof of transmittal.
 RULE 13
Section 18; Court issued orders and other documents
1997 Rules of Civil Procedure 2019 Amendments
Section 18. Court -issued orders and
other documents. — The court may
electronically serve orders and other
documents to all the parties in the
case which shall have the same effect
and validity as provided herein. A paper
copy of the order or other document
NONE electronically served shall be retained
and attached to the record of the case.
(n)
 RULE 13
Section 18
 Section is a new provision. The court may
electronically serve orders and other documents
to all the parties in the case which shall have the
same effect.

A paper copy of the order or other document

electronically served shall, however, be retained
and attached to the record of the case.
 RULE 13
Section 19; Notice of lis pendens
1997 Rules of Civil Procedure 2019 Amendments
Section 14. Notice of lis pendens. — In an action Section 19. Notice of lis pendens. –— In an action
affecting the title or the right of possession of real affecting the title or the right of possession of real
property, the plaintiff and the defendant, when property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may affirmative relief is claimed in his or her answer,
record in the office of the registry of deeds of the may record in the office of the registry of deeds
province in which the property is situated notice of the province in which the property is situated a
of the pendency of the action. Said notice shall notice of the pendency of the action. Said notice
contain the names of the parties and the object of shall contain the names of the parties and the
the action or defense, and a description of the object of the action or defense, and a description
property in that province affected thereby. Only of the property in that province affected thereby.
from the time of filing such notice for record Only from the time of filing
 RULE 13
Section 19
1997 Rules of Civil Procedure 2019 Amendments
shall a purchaser, or encumbrancer of the such notice for record shall a purchaser, or
property affected thereby, be deemed to have encumbrancer of the property affected thereby,
constructive notice of the pendency of the action, be deemed to have constructive notice of the
and only of its pendency against the parties pendency of the action, and only of its pendency
designated by their real names. against the parties designated by their real names.

The notice of lis pendens hereinabove mentioned The notice of lis pendens hereinabove mentioned
may be cancelled only upon order of the court, may be cancelled only upon order of the court,
after proper showing that the notice is for the after proper showing that the notice is for the
purpose of molesting the adverse party, or that it purpose of molesting the adverse party, or that it
is not necessary to protect the rights of the rights is not necessary to protect the rights of the party
of the party who caused it to be recorded. (24a, who caused it to be recorded. (14a)
R-14)
SUMMONS
 Summons
 Summons is a writ by which the defendant is
notified of the action brought against him.

 It has two-fold purpose: 1) to acquire

jurisdiction over the person of the defendant;
2) to notify the defendant that an action has
been commenced against him.
What is the purpose of summons in
an action in personam?

 The purpose of summons in action in

personam is to acquire jurisdiction over
the person of the defendant.
 What is the purpose of summons in a
action in action in rem or quasi-in rem?

 The purpose of summons in action

action in rem or quasi in rem is not to
acquire jurisdiction over the defendant
but to satisfy the element of due
process.
 How is jurisdiction over the person
of the defendant acquired?

 Jurisdiction
over the person of the defendant
is acquired through coercive process,
generally by 1) service of summons or
through defendant’s 2) voluntary appearance
or submission to the court (Republic vs.
Domingo, 657 SCRA 621, 632; Manotoc
vs. CA, 499 SCRA 21)
 When is a defendant deemed to have
made a voluntary appearance?

 1.
By filing an answer (Guy vs. Gacott, GR
No. 206147, January 13, 2016).

 2. By
asking an affirmative relief from the
Court (Reicon Realty Builders Corp vs.
Diamond Dragon, GR No. 204796, February 4,
2015).
When is asking for affirmative relief not
deemed to be a voluntary appearance?

 The act of making a conditional appearance

or special appearance in court to object to
the jurisdiction of the court over his person,
is not deemed a voluntary appearance or
voluntary submission to the jurisdiction of
the court.
 Who issues the summons?
 Section 1. Clerk to issue summons. —
Unless the complaint is on its face
dismissible under Section 1, Rule 9, the
court shall, within five (5) calendar days
from receipt of the initiatory pleading and
proof of payment of the requisite legal fees,
direct the clerk of court to forthwith
issue the corresponding summons to the
defendants. (Sec. 1, Rule 14).
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 1. Clerk to issue summons. — Upon Section 1. Clerk to issue summons. —

the filing of the complaint and the payment of Unless the complaint is on its face
the requisite legal fees, the clerk of court dismissible under Section 1, Rule 9,
shall forthwith issue the corresponding
the court shall, within five (5)
summons to the defendants.
calendar days from receipt of the
initiatory pleading and proof of
payment of the requisite legal fees,
direct the clerk of court to
forthwith issue the corresponding
summons to the defendants.
 RULE 14
Section 1
 Implied from this provision that the Court can
dismiss the complaint pursuant to Section 1, Rule 9.
Section 1, Rule 9 provides that the court shall dismiss
the complaint “if it appears that the court has no
jurisdiction over the subject matter, that there is
another action pending between the same parties for
the same cause, or that the action is barred by a prior
judgment or by statute of limitations.”
 Otherwise, the court shall issue summons.
 Contents of Summons
 (a) The name of the court and the names of the parties to the action;
 (b) When authorized by the court upon ex parte motion, an
authorization for the plaintiff to serve summons to the
defendant;
 (c) a direction that the defendant answer within the time fixed by these
Rules;
 (d) A notice that unless the defendant so answers plaintiff will take
judgment by default and may be granted the relief applied for. A copy
of the complaint and order for appointment of guardian ad litem, if
any, shall be attached to the original and each copy of the summons.

 (Sec. 2, Rule 14).

 Who is authorized to received
summons?

The summons may be served by the sheriff, his deputy, or

other proper court officer, and in case of failure of
service of summons by them, the court may
authorize the plaintiff – to serve the summons –
together with the sheriff.
In cases where summons is to be served outside the
judicial region of the court where the case is pending,
the plaintiff shall be authorized to cause the service
of the summons.(Sec. 3, Rule 14).
 RULE 14
Sections 2 and 3
 Under Section 2, the plaintiff, upon his ex-parte motion, may be
authorized to serve summons to defendant.
 That the plaintiff may be authorized to serve summons is confirmed
by Section 3.
 There are instances by which the plaintiff may be authorized to
serve summons upon the defendant.
 First, in case there is failure to serve summons by the sheriff or
other proper court officer. In which case, the plaintiff shall be
accompanied by the sheriff.
 Second, in cases where summons is to be served outside the
judicial region of the court where the case is pending.
 Who will serve summons in case the
plaintiff is a corporation?

If the plaintiff is a juridical entity , it shall notify the

court, in writing, and name its authorized
representative therein, attaching a board resolution
or secretary’s certificate thereto, as the case may
be, stating that such representative is duly
authorized to serve the summons on behalf of the
plaintiff. (Sec. 3, Rule 14).
 What if the plaintiff misrepresents that
the defendant received summons?

There is repercussion if plaintiff misrepresents on

the service of summons on the defendant. The case
shall be dismissed with prejudice, the
proceedings shall be nullified and the plaintiff
shall be meted appropriate sanctions. (Sec. 3,
Rule 14).
What if summons cannot be served upon
all or any of the defendants?

If summons is returned without being served on any

or all the defendants, the court shall order the
plaintiff to cause the service of summons by other
means available under these Rules.

Failure to comply with the order shall cause the

dismissal of the initiatory pleading without prejudice
(Sec. 3, Rule 14).
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 3. By whom served. — The summons may Section 3. By whom served. — The summons may
be served by the sheriff, his deputy, or other be served by the sheriff,
proper court officer, or for justifiable reasons by his deputy, or other proper court officer, and in
any suitable person authorized by the court case of failure of service of summons by
issuing the summons. them, the court may authorize the plaintiff
– to serve the summons – together with the
sheriff.

In cases where summons is to be served

outside the judicial region of the court
where the case is pending, the plaintiff shall
be authorized to cause the service of the
summons.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments
If the plaintiff is a juridical entity , it shall
notify the court, in writing, and name its
authorized representative therein,
attaching a board resolution or secretary’s
certificate thereto, as the case may be,
stating that such representative is duly
authorized to serve the summons on
behalf of the plaintiff.

If the plaintiff misrepresents that the

defendant was served summons, and it is
later proved that no summons was served,
the case shall be dismissed with prejudice,
the proceedings shall be nullified and the
plaintiff shall be meted appropriate
sanctions.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

If summons is returned without

being served on any or all the
defendants, the court shall order
the plaintiff to cause the service
of summons by other means
available under these Rules.

Failure to comply with the order

shall cause the dismissal of the
initiatory pleading without
prejudice.
 When is there failure of service of
summons?

 There is failure of service after unsuccessful

attempts to personally serve the summons on the
defendant on his address indicated in the
complaint. (Sec. 8, Rule 14).
 Thus, there shall be substituted of service in
accordance with Section 6.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 5. Issuance of alias summons. — If a Section 4. Validity of summons and Issuance

summons is returned without being served on any of alias summons. — Summons shall remain
or all of the defendants, the server shall also serve valid until duly served, unless it is recalled by
a copy of the return on the plaintiff's counsel, the court. In case of loss or destruction of
stating the reasons for the failure of service, within summons, the court may upon motion, issue
five (5) days therefrom. In such a case, or if the an alias summons. There is failure of service
summons has been lost, the clerk, on demand of after unsuccessful attempts to personally
the plaintiff, may issue an alias summons. serve the summons on the defendant on his
address indicated in the complaint.
Substituted service should be in the manner
provided under Section 6 of
this Rule. (5)
 How is service upon the person of the
defendant made?
 Section 5. Service in person on defendant. —
Whenever practicable, the summons shall be
served by handing a copy thereof to the defendant
in person and informing the defendant that
he or she is being served, or, if he or she
refuses to receive and sign for it, by leaving
the summons within the view and in
presence of the defendant (Rule 14).
 RULE 14
Section 5
 Under Section of the new Rules, there is added
requirement in serving summons upon the person
of defendant.
 Aside from just handing a copy thereof to the
defendant in person, the server has to inform
the defendant he or she is being served. If he
or she refuses to receive and sign for it, by leaving
the summons within the view and in presence of
the defendant.
 When can substituted service be
effected?
 Substituted service can be effected, if, for
justifiable causes, the defendant cannot be
served personally after at least three (3)
attempts on two (2) separate dates (Sec. 6,
Rule 14; Manotoc vs. CA, G.R. No.
130974. August 16, 2006).
 RULE 14
Section 6
 How is substituted service effected?
 1. By leaving copies of the summons at the defendant's residence
to a person at least eighteen (18) years of age and of sufficient
discretion residing therein (Manotoc vs. CA, infra);

 2. By leaving copies of the summons at defendant's office or

regular place of business with some competent person in
charge thereof. A competent person includes, but not
limited to, one who customarily receives
correspondences for the defendant.
 RULE 14
Section 6
 How is substituted service effected?
 3. By leaving copies of the summons, if refused entry upon
making his or her authority and purpose known, with
any of the officers of the homeowner’s association or
condominium corporation, or its chief security officer in
charge of the community or the building where the
defendant may be found (Robinson vs. Miralles, 510
SCRA 678);
 4. By sending an electronic mail to the defendant’s
electronic mail address, if allowed by the court.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 7. Substituted service. — If, for Section 6. Substituted service. — If, for
justifiable causes, the defendant cannot be justifiable causes, the defendant cannot be
served within a reasonable time as provided in served personally after at least three (3)
the preceding section, service may be effected: attempts on two (2) separate dates, service
may be effected:
(a) by leaving copies of the summons at the
defendant's residence with some person of (a) By leaving copies of the summons at the
suitable age and discretion then residing defendant's residence to a person at least
therein, or eighteen (18) years of age and of
sufficient discretion residing therein;
(b) by leaving the copies at defendant's office or
regular place of business with some (b) By leaving copies of the summons at
competent person in charge thereof. defendant's office or regular place of
business with some competent person in
charge thereof.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments
A competent person includes, but not limited
to, one who customarily receives
correspondences for the defendant;

(c) By leaving copies of the summons, if

refused entry upon making his or her
authority and purpose known, with any of the
officers of the homeowner’s association or
condominium corporation, or its chief
security officer in charge of the community or
the building where the defendant may be
found; and

(d) By sending an electronic mail to the

defendant’s electronic mail address, if
allowed by the court. (7)
 Nature of substituted service
 Substituted service is a method extraordinary in
character, hence, may be used only as prescribed and in
the circumstances authorized by statute (Chu vs. Mach
Asia Trading Corp, 694 SCRA 302, 309-310).
 Hence, return which merely states the alleged
whereabouts of the defendants, without indicating that
such information was verified and without specifying the
efforts exerted to serve the summons, is not enough for
compliance. So is mere general statement that such
efforts were made (Jose vs. Boyon, 414 SCRA 216).
 There must be showing of impossibility
of service in the return
 The Court ruled that for substituted service of summons
to be available, the impossibility of service in person must
be shown. There must be several attempts by the sheriff to
personally serve the summons within a reasonable period
of time which eventually resulted failure to personally serve
it in person. “Several attempts” means at least three
(3) tries, preferably on at least two different dates.
In addition, the sheriff must cite why such efforts were
unsuccessful. It is only then that impossibility of service can
be confirmed (Manotoc vs. CA, supra).
 What is the meaning of “reasonable time”
under the rules?
 Reasonable time is defined as so much time as is
necessary under the circumstances for a
reasonably prudent and diligent man to do,
conveniently, what the contract or duty requires
that should be done, having a regard for the rights
and possibility of loss, if any[,] to the other party.
Under the Rules, the service of summons has no
set period.
 What is the meaning of “reasonable
time” under the rules?
 However, when the court, clerk of court, or the plaintiff
asks the sheriff to make the return of the summons and
the latter submits the return of summons, then the validity
of the summons lapses. The plaintiff may then ask for an
alias summons if the service of summons has failed. What
then is a reasonable time for the sheriff to effect a
personal service in order to demonstrate
impossibility of prompt service? To the plaintiff,
reasonable time means no more than seven (7)
days since an expeditious processing of a complaint
is what a plaintiff wants.
 What is the meaning of “reasonable time” under
the rules?
 To the sheriff, reasonable time means 15 to 30 days because at
the end of the month, it is a practice for the branch clerk of
court to require the sheriff to submit a return of the summons
assigned to the sheriff for service. The Sheriffs Return provides
data to the Clerk of Court, which the clerk uses in the Monthly
Report of Cases to be submitted to the Office of the Court
Administrator within the first ten (10) days of the succeeding
month. Thus, one month from the issuance of summons
can be considered reasonable time with regard to
personal service on the defendant (OCA vs. Cabrera-
Faller, A.M. Nos. RTJ-11-2301-2303, January 16, 2018).
 Who is a person of suitable age or
discretion?
 A person of suitable age and discretion is one who has attained
the age of full legal capacity (18 years old) and is considered to
have enough discernment to understand the importance of a
summons. Discretion" is defined as "the ability to make
decisions which represent a responsible choice and for which
an understanding of what is lawful, right or wise may be
presupposed. Thus, to be of sufficient discretion, such person
must know how to read and understand English to comprehend
the import of the summons, and fully realize the need to deliver
the summons and complaint to the defendant at the earliest
possible time for the person to take appropriate action.
(Manotoc vs. CA, supra).
 What is the effect if the defendant
prevents service of summons?

 If
the defendant consciously prevented
the service of summons upon his
person, then the summons shall be
considered served upon his
person(Robinson vs. Miralles, 510
SCRA 678).
 How is service of summons effected
upon an entity without a juridical
personality?
 When persons associated in an entity without juridical
personality are sued under the name by which they are
generally or commonly known, service may be effected
upon all the defendants by serving upon any one of
them, or upon the person in charge of the office or
place of business maintained in such name. But such
service shall not bind individually any person
whose connection with the entity has, upon due
notice, been severed before the action was
brought. (Sec. 7, Rule 14).
 How is service of summons effected
upon a prisoner?
 When the defendant is a prisoner confined in a jail
or institution, service shall be effected upon him
or her by the officer having the management of
such jail or institution who is deemed deputized as
a special sheriff for said purpose. The jail
warden shall file a return within five (5)
calendar days from service of summons to
the defendant. (Sec. 8, Rule 14).
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 9. Service consistent

with international conventions.
— Service may be made
[NONE] through methods which are
consistent with established
international conventions to
which the Philippines is a
party. (n)
 RULE 14
Section 9

 This is a new provision.

 Service of summons may be effected through
international convention which the Philippine is a
party.
 This includes Convention of 15 November 1965
on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or
Commercial Matters.
 How is service of summons effected
upon minors?
 When the defendant is a minor, insane or otherwise an
incompetent person, service of summons shall be made
upon him or her personally and on his legal guardian if
he or she has one, or if none his or her guardian ad
litem whose appointment shall be applied for by the
plaintiff. In the case of a minor, service shall may also be
made on his or her parent or guardian. (Sec. 10, Rule
14).
 How is service of summons effected
upon spouses?

When spouses are sued jointly,

service of summons should be made
to each spouse individually. (Sec. 10,
Rule 14).
 RULE 14
Section 11

 This is a new section must be related to

Section 4, Rule 3 where in it is provided
that husband and wife shall sue or be sued
jointly, except as provided by law.
 However, even if the husband and wife are
sued jointly, service of summons should be
made to each spouse individually.
 How is service of summons effected
upon a domestic private entity?
 When the defendant is a corporation, partnership or
association organized under the laws of the Philippines
with a juridical personality, service may be made on the
president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel of
the corporation wherever they may be found, or
in their absence or unavailability, their
secretaries. (Sec. 12, Rule 14).
 What if service cannot be made upon president,
managing partner, general manager, corporate
secretary, treasurer, or in-house counsel or their
respective secretaries, to whom shall summons be
served?

 Ifsuch service cannot be made upon any of the

foregoing persons, it shall be made upon the
person who customarily receives
correspondence for the defendant at its
principal office. (Sec. 12, Rule 14).
 Who shall receive summons in case the
corporation is under receivership or
liquidation?

 Incase the domestic juridical entity is under

receivership or liquidation, service of
summons shall be made on the receiver or
liquidator, as the case may be. (Sec. 12, Rule
14).
 What if the above mentioned persons
refused to receive summons in behalf of the
corporation, how shall summons be served?

 Should there be a refusal on the part of the

persons above-mentioned to receive summons
despite at least three (3) attempts on two (2)
separate dates, service may be made
electronically, if allowed by the court, as provided
under Section 6 of this rule. (Sec. 12, Rule 14).
 RULE 14
Section 12
 The new formulation of this section is a great improvement
to the old Section 12.
 First, the persons who are authorized to receive summons
in behalf of the corporation which are, the president,
managing partner, general partner, corporate secretary,
treasurer or in-house counsel, may be served whenever
they may be found. Summons may also be served on their
secretaries in their absence. (Nation Petroleum Gas vs.
RCBC, GR No. 183370,August 17, 2015)
 RULE 14
Section 12
 Second, if such service cannot be made upon any of the
foregoing persons, it shall be made upon the person who
customarily receives correspondence for the defendant at its
principal office.
 Third, in case the domestic juridical entity is under
receivership or liquidation, service of summons shall be made
on the receiver or liquidator, as the case may be.
 The ruling therefore Nation Petroleum Gas vs. RCBC,
GR No. 183370, August 17, 2015 and other companion
cases are not anymore controlling.
 RULE 14
Section 12
 Fourth, should there be a refusal on the part of the persons above-
mentioned to receive summons despite at least three (3) attempts
on two (2) separate dates, service may be made electronically,
if allowed by the court, as provided under Section 6 of this rule.
 It is now clear that substituted service may be effected even if the
defendant is a corporation. What is implied in the case of Carson
Realty & Management Corp vs. Red Robin Security Agency,
GR No. 225035, February 8, 2017 is now express in the
amendment.
 But the manner of substituted service is service through electronic
means.
Take note:
 The ruling in (Nation Petroleun Gas vs. RCBC,
GR No. 183370, August 17, 2015; 7107 Islands
Publishing, Inc., vs. the house of Printers Corp.,
GR No. 193420, October 14, 2015; G.V. Florida
Transport vs. Tiara Commercial Corp, GR
201378, Oct. 18, 2017) that service of summons on
an officer other than those enumerated in Sec. 11 of
rule 14 is invalid is not anymore controlling.
Can substituted service be effected if the
defendant is a corporation?
 In Carson Realty & Management Corp vs. Red
Robin Security Agency, GR No. 225035, February
8, 2017, one of the issues that cropped up is whether
substituted service can be effected if the defendant is a
corporation.
 The SC ruled that the substituted service effected by the
sheriff is valid. It should be noted that there were several
attempts made by the sheriff to serve the summons
upon the president of the company but to no avail.
 Problem
 Plaintiff filed a case against a corporation.
Sheriff issued summons. The summons was
received by the secretary of the corporate
secretary upon the instruction of the
corporate secretary.
 Is there a valid service of summons?
 Answer
 It is clear, therefore, that Abante, in so receiving the
summons, did so in representation of Ang who, as corporate
secretary, is one of the officers competent under the Rules
of Court to receive summons on behalf of a private juridical
person. Thus, while it may be true that there was no direct,
physical handing of the summons to Ang, the latter could at
least be charged with having constructively received the
same, which in Our view, amounts to a valid service of
summons (Nation Petroleun Gas vs. RCBC, GR No.
183370,August 17, 2015).
 How may improper service of summons
be cured?
 By proof of actual receipt.
 "In the case at bar, there is no question that summons was
timely issued and received by private respondent. In fact, he
never denied actual receipt of such summons but confined
himself to the argument that the Sheriff should prove that
personal service was first made before resorting to
substituted service. x x x x
 On the same matter, Moran has this to say:
 "Irregularities of this kind may, however, be cured by proof
that the copies have actually been delivered to the defendant,
which is equivalent to personal service.” (Mapa vs. Court
of Appeals, 79374 & 82968, October 2, 1992).
 How may improper service of summons
be cured?
 By proof of actual receipt.
 "In the case at bar, there is no question that summons was
timely issued and received by private respondent. In fact, he
never denied actual receipt of such summons but confined
himself to the argument that the Sheriff should prove that
personal service was first made before resorting to
substituted service. x x x x
 On the same matter, Moran has this to say:
 "Irregularities of this kind may, however, be cured by proof
that the copies have actually been delivered to the defendant,
which is equivalent to personal service.” (Mapa vs. Court
of Appeals, 79374 & 82968, October 2, 1992).
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 13. Duty of counsel of record.

— Where the summons is
improperly served and a lawyer
makes a special appearance on
behalf of the defendant to, among
others, question the validity of
[NONE]
service of summons, the counsel
shall be deputized by the court to
serve summons on his client. (n)
 RULE 14
Section 12

 This is a new provision. It contemplates a

situation where the defendant’s lawyer makes a
special appearance in order to question the
validity of service of summons. In this case,
instead of the court resolving the question
raised by defendant’s lawyer, the court shall
instead, deputize the latter to serve summons
on his client.
 How may improper service of summons
be cured?
 By asking affirmative relief from the Court
 We have, time and again, held that the filing of a motion for
additional time to file answer is considered voluntary
submission to the jurisdiction of the court. If the defendant
knowingly does an act inconsistent with the right to object
to the lack of personal jurisdiction as to him, like voluntarily
appearing in the action, he is deemed to have submitted
himself to the jurisdiction of the court (Carson Realty &
Management Corp vs. Red Robin Security Agency,
GR No. 225035, February 8, 2017).
How is service of summons effected
upon a foreign private entity?
 When the defendant is a foreign private juridical entity
which has transacted or is doing business in the
Philippines, as defined by law, service may be made on
its resident agent designated in accordance with
law for that purpose, or, if there be no such agent, on
the government official designated by law to that effect,
or on any of its officers or agents, directors or
trustees within the Philippines. (Sec. 12, Rule 14).
Who is the person designated by law?
 As a condition precedent to the issuance of the license to
transact business in the Philippines by any foreign corporation
that such corporation file with the Securities and Exchange
Commission a written power of attorney designating some
person who must be a resident of the Philippines, on whom any
summons and other legal processes may be served in all actions
or other legal proceedings against such corporation, and
consenting that service upon such resident agent shall be
admitted and held as valid as if served upon the duly authorized
officers of the foreign corporation at its home office (Sec. 129,
Corporation Code).
Please take NOTE:
 Ithas been held that when a foreign
corporation has designated a person to
receive summons on its behalf pursuant to the
Corporation Code, that designation is
exclusive and service of summons on any
other person is inefficacious (H.B. Zachry
Company International vs. CA, 232
SCRA 329).
 How is service of summons effected upon a foreign
private entity not registered in the Philippines or with
no resident agent?
 1. By personal service coursed through the appropriate
court in the foreign country with the assistance of the
department of foreign affairs;
 2. By publication once in a newspaper of general
circulation in the country where the defendant may be found
and by serving a copy of the summons and the court order
by registered mail at the last known address of the defendant;
 3. By facsimile;
 4. By electronic means with the prescribed proof of service;
5. By such other means as the court, in its discretion, may direct
(Sec. 12, Rule 14).
How is service upon the Republic of
the Philippines effected?
 When the defendant the Republic of the
Philippines, service may be effected on the
Solicitor General.
 In case of a province, city or municipality, or like
public corporations, service may be effected on
its executive head, or on such other officer or
officers as the law or the court may direct.
(Sec. 15, Rule 14).
How is service upon an unincorporated
government agency effected?

 Jurisprudencetells that when a suit is directed

against an unincorporated agency, it is as if
directed against the agency’s principal which is
the Republic of the Philippines, thus summons
should be served upon the Solicitor General
(Republic vs. Domingo, 657 SCRA 621,
636).
Take note:

 Service of summons in the person of the

defendant is generally preferred over substituted
service (Nation Petroleum Gas, Inc., vs. RCBC, G.R. No.
188370, August 17, 2015). It is only when summons
cannot be served personally within a reasonable
period of time that substituted service may be
resorted to (Chu vs. Mach Asia Trading Corp., 694
SCRA 302, 308).
 Illustration of the Principle
 The court reiterated the rule that the impossibility
of prompt, personal service should be shown by
stating in the proof of service that efforts were made
to find the defendant personally and that said efforts
failed; hence resort to substituted service. Since no
such explanation was made, there was a failure to
faithfully, strictly, and fully comply with the
requirements of substituted service (Miranda vs.
Court of Appeals, 326 SCRA 278).
 How will summons be effected upon a
defendant whose identity or whereabouts
are unknown?
 Inany action where the defendant is designated as
an unknown owner, or the like, or whenever his or
her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90)
calendar days from the commencement of
the action, service may, by leave of court, be
effected upon him or her by publication in a
newspaper of general circulation and in such
places and for such time as the court may order
(Section 16, Rule 14).
 RULE 14
Section 16
 If the action is instituted against a defendant,
designated as an unknown owner, or the like, or
whenever his or her whereabouts are unknown
and cannot be ascertained by diligent inquiry,
service of summons, by leave of court, be effected
through publication in a newspaper of general
circulation and in such places and for such time as
the court may order.
 RULE 14
Section 16
 However, such kind of service of summons can only
be effected if there is showing that defendant’s
whereabouts cannot ascertained by diligent inquiry
within 90 days from the commencement of the suit.
 Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty
(60) calendar days after notice, within which the
defendant must answer.
Please take NOTE:

 Thus, in Section 15 of Rule 14 authorizes

summons by publication in any action and the
rule obviously does not distinguish whether the
action is in personam, in rem or quasi in rem. The
tenor of the rule authorizes summons by
publication whatever the action may be as long
as the identity of the defendant is unknown or
his whereabouts are unknown (Santos vs.
PNOC, 566 SCRA 272).
When is extra-territorial service effected?

Action affects the personal

status of the plaintiff.
In which the defendant has
or claims a lien or interest,
actual or contingent
Action relates to, or the
When the defendant is a
subject of which is,
non-resident and is not
property within the
found in the Philippines. In which the relief
Philippines:
demanded consists, wholly
or in part, in excluding the
defendant from any
The property of the interest therein
defendant has been
attached within the
Section 15, Rule 14 Philippines
But please take Note:

The SC in several cases

applies Section 15, Rule 14 to
actions in rem or quasi in rem
(Jose vs. Boyon, 414 SCRA
216)
 What are the modes of extra-territorial
service?
Personal Service
under Section 6,
Rule 14
Publication in By international
Section 17,
Rule 14 newspaper in such convention by
place Philippine is a party

Other manner the

court may deem
sufficient
Please take NOTE:

Extra-territorial service is not

available in an action in
personam (Kawasaki Port
Service Corp vs. Amores
199 SCRA 230, 237).
 How may summons be effected against a
resident who is temporarily outside
of the Philippines?
 SECTION 18. Residents Temporarily Out of
the Philippines. — When any action is commenced
against a defendant who ordinarily resides within the
Philippines, but who is temporarily out of it, service
may, by leave of court, be also effected out of the
Philippines, as under the preceding section.
 Preceding section is Section 17 – Extra-territorial
service
 Problem
 P filed with the RTC a tort case against D. The sheriff
went to D’s resident and served the summons and
complaint on D’s husband, since D was temporarily out
of the country. Subsequently, D filed a motion to dismiss
on the ground that she was not properly served with
summons since she was temporary out of the country
and hence, the service of summons on her should
conform to Section 16, Rule 14 of the Rules of Court
which requires extraterritorial service. Should RTC
grant the motion to dismiss?
 Answer
 The RTC should not grant the motion to dismiss.
 The SC rule that in the case of resident
temporarily out of the Philippines, extraterritorial
service is not mandatory since Section 16 of Rule
14 uses the word “may” and thus, substituted
service of summons may be resorted to (Palma
vs. Galvez, March 10, 2010).
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 4. Return. — When the service has been Section 20. Return. — Within thirty (30)
completed, the server shall, within five (5) days calendar days from issuance of summons by
therefrom, serve a copy of the return, personally the clerk of court and receipt thereof, the
or by registered mail, to the plaintiff's counsel, and sheriff or process server, or person
shall return the summons to the clerk, who issued authorized by the court, shall complete its
it, accompanied by proof of service. (6a) service. Within five (5) calendar days from
service of summons, the server shall file
with the court and serve a copy of the
return to the plaintiff’s counsel, personally,
by registered mail, or by electronic means
authorized by the Rules.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Should be substituted service have been

effected, the return shall state:

(1) The impossibility of prompt personal

service within a period of thirty (30)
calendar days from issue and receipt of
summons;

(2) The date and time of the three (3)

attempts on at least (2) two separate dates
to cause personal service and the details of
the inquiries made to locate the defendant
residing thereat; and
RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

(3) The name of the person at least

eighteen (18) years of age and of sufficient
discretion residing thereat: name of
competent person in charge of the
defendant’s office or regular place of
business, or name of the officer of the
homeowner’s association or condominium
corporation or its chief security officer in
charge of the community or building where
the defendant may be found.
(4)
 RULE 14
Section 20
 There is a mandate in this section that summon must
be served within thirty (30) days. In the case of OCA
vs. Cabrera-Faller, A.M. Nos. RTJ-11-2301-2303,
January 16, 2018, “thirty (30) days” was considered
reasonable time.
 The server shall make a return within five (5) calendar
days from service to the court and serve a copy of the
return to the plaintiff’s counsel, personally, by registered
mail, or by electronic means authorized by the Rules.
 RULE 14
Section 20
 The rule now specifies what should be stated in the return in case
of substituted service:

 1. The impossibility of prompt personal service within a period

of thirty (30) calendar days from issue and receipt of
summons OCA vs. Cabrera-Faller, A.M. Nos. RTJ-11-
2301-2303, January 16, 2018;

 2. The date and time of the three (3) attempts on at least (2)
two separate dates to cause personal service and the details
of the inquiries made to locate the defendant residing thereat
(Manotoc vs. CA);
 RULE 14
Section 20
 3. The name of the person at least eighteen (18) years
of age and of sufficient discretion residing thereat:
name of competent person in charge of the
defendant’s office or regular place of business, or
name of the officer of the homeowner’s association
or condominium corporation or its chief security
officer in charge of the community or building
where the defendant may be found.
 RULE 14
SUMMONS
1997 Rules of Civil Procedure 2019 Amendments

Section 20. Voluntary appearance. — Section 23. Voluntary appearance. —

The defendant's voluntary appearance The defendant's voluntary appearance
in the action shall be equivalent to in the action shall be equivalent to
service of summons. The inclusion in service of summons. The inclusion in
a motion to dismiss of other grounds a motion to dismiss of other grounds
aside from lack of jurisdiction over aside from lack of jurisdiction over
the person of the defendant shall not the person of the defendant shall be
be deemed a voluntary appearance. deemed a voluntary appearance.
(23a) (20)
How is jurisdiction over the person of the defendant
acquired?

 Jurisdiction
over the person of the defendant is
acquired through coercive process, generally by 1)
service of summons or through defendant’s 2)
voluntary appearance or submission to the court
(Republic vs. Domingo, 657 SCRA 621, 632;
Manotoc vs. CA, 499 SCRA 21)
 When is a defendant deemed to have made a
voluntary appearance?

 1.
By filing an answer (Guy vs. Gacott, GR No.
206147, January 13, 2016).

 2.
By asking an affirmative relief from the
Court (Reicon Realty Builders Corp vs. Diamond
Dragon, GR No. 204796, February 4, 2015).
When is asking for affirmative relief not deemed to
be a voluntary appearance?

 The act of making a conditional appearance

or special appearance in court to object to
the jurisdiction of the court over his
person, is not deemed a voluntary
appearance or voluntary submission to the
jurisdiction of the court.
 Section 23, Rule 14
 SECTION 23. Voluntary Appearance. —
The defendant's voluntary appearance in
the action shall be equivalent to service of
summons. The inclusion in a motion to
dismiss of other grounds aside from lack
of jurisdiction over the person of the
defendant shall be deemed a voluntary
appearance.
MOTION
Definition of Motion

Section 1, Rule 15

A motion is an
application for relief
other than by a
pleading.
 Forms of Motion

Section 2, Rule 15

All motions shall be in writing except those made in

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

 Generally NO.
 However, when a motion is based on facts not
appearing on record, the court may hear the matter
on affidavits or depositions presented by the
respective parties, but the court may direct that the
matter be heard wholly or partly on oral testimony
or depositions (Section 2, Rule 15).
 Effect if there is no notice of hearing
 Jurisprudence holds that this requirement of notice of
hearing applies to a motion for reconsideration. The
requirement of notice is an integral component of
procedural due process that seeks to avoid surprises that be
sprung upon the adverse party who must be given time to
study and meet the motion before a resolution by the court.
A motion unaccompanied by notice of hearing is considered
a mere scrap of paper that does not toll the running of
period to appeal (Guzman vs. Guzman, 693 SCRA 328,
329, March 13, 2013; Flores vs. People, 692 SCRA 127).
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 4. Non-litigious motions. —

Motions which the court may act upon
without prejudicing the rights of
adverse parties are non-litigious
[NONE] motions.These motions include:

i. Motion for the issuance of alias

summons;

ii. Motion for extension to file answer;

 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

iii. Motion for postponement;

iv. Motion for the issuance of a writ of

execution;
[NONE]
v. Motion for the issuance of an alias
writ of execution

vi. Motion for the issuance of a writ of

possession;
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

vii. Motion for the issuance of an order

directing the sheriff to execute the final
certificate of sale; and

viii. Other similar motions.

These motions shall not be set for

hearing and shall be resolved by the
court within five (5) calendar days from
receipt thereof. (n)
 RULE 15
Section 4

 What is non-litigious motion?

 Motions which the court may act upon

without prejudicing the rights of adverse
parties are non-litigious motions.
 RULE 15
Section 4
 The following are non-litigious motions under the new
Rules:
 1. Motion for the issuance of alias summons;
 2. Motion for extension to file answer;
 3. Motion for postponement;
 4. Motion for the issuance of a writ of execution;
 5. Motion for the issuance of an alias writ of execution
 6. Motion for the issuance of a writ of possession;
 7. Motion for the issuance of an order directing the sheriff to
execute the final certificate of sale; and
 8. Other similar motions.
 RULE 15
Section 4
 What should the court do with non-
litigious motions?

 These motions shall not be set for hearing

and shall be resolved by the court within
five (5) calendar days from receipt thereof.
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
Section 5. Litigious motions –
(a) litigious motions include:

i. Motion for bill of particulars;

ii. Motion to dismiss;

[NONE]
iii. Motion for new trial;

iv. Motion for reconsideration;

v. Motion for execution pending appeal;

 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

vi. Motion to amend after a responsive

pleading has been filed;

vii. Motion to cancel statutory lien;

[NONE] viii. Motion for an order to break in or

for a writ of demolition;

ix. Motion for intervention;

x. Motion for judgment on the

pleadings;
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

[NONE] xi. Motion for summary judgment;

xii. Demurrer to evidence;

xiii. Motion to declare defendant in default;

and

xiv. Other similar motions.

(b) All motions shall be served by personal

service, accredited private courier or
registered mail, or electronic means so as
to ensure their receipt by the other party.
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
(c) The opposite party shall file his or
her opposition to a litigious motion
within five (5) calendar days from
receipt thereof. No other submissions
shall be considered by the court in the
resolution of the motion.
[NONE]
The motion shall be resolved by the
court within fifteen (15) calendar days
from its receipt of the opposition
thereto, or upon expiration of the
period to file such opposition. (n)
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 5. Notice of hearing. — The Section 6. Notice of hearing on

notice of hearing shall be addressed litigious motions; discretionary. —
to all parties concerned, and shall The court may, in the exercise
specify the time and date of the of its discretion, and if deemed
hearing which must not be later necessary for its resolution, call
than ten (10) days after the filing of a hearing on the motion. The
the motion. (5a) notice of hearing shall be addressed
to all parties concerned, and shall
specify the time and date of the
hearing. (5)
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 6. Proof of service Section 7. Proof of service

necessary. — No written necessary. — No written
motion set for hearing shall motion shall be acted
be acted upon by the court upon by the court without
without proof of service proof of service thereof,
thereof. (6a) pursuant to section 5(b)
hereof. (6)
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 7. Motion day. — Section 8. Motion day. —

Except for motions requiring Except for motions requiring
immediate action, all motions immediate action, where the
shall be scheduled for hearing court decides to conduct
on Friday afternoons, or if hearing on a litigious
Friday is a non-working day, in motion, the same shall be
the afternoon of the next set on a Friday. (7)
working day. (7a)
 RULE 15
Sections 5, 6, 7, and 8
 The following are litigious motions under the
new Rules:
 1. Motion for bill of particulars;
 2. Motion to dismiss;
 3. Motion for new trial;
 4. Motion for reconsideration;
 5. Motion for execution pending appeal;
 6. Motion to amend after a responsive pleading has
been filed;
 RULE 15
Sections 5, 6, 7, and 8
 7. Motion to cancel statutory lien;
 8. Motion for an order to break in or for a writ of
demolition;
 9. Motion for intervention;
 10. Motion for judgment on the pleadings;
 11. Motion for summary judgment;
 12. Demurrer to evidence;
 13. Motion to declare defendant in default;
 14. Other similar motions.
 RULE 15
Sections 5, 6, 7, and 8
 What is the procedure in litigious motions?

 All motions shall be served by personal service, accredited private courier

or registered mail, or electronic means so as to ensure their receipt by the
other party.

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

 The motion shall be resolved by the court within fifteen (15) calendar days
from its receipt of the opposition thereto, or upon expiration of the period
to file such opposition.
 RULE 15
Sections 5, 6, 7, and 8
 What is the procedure in litigious motions?
 The court may, in the exercise of its discretion, and if deemed necessary
for its resolution, call a hearing on the motion. The notice of hearing
shall be addressed to all parties concerned, and shall specify the time
and date of the hearing (Section 6).

 No written motion shall be acted upon by the court without proof of

service thereof, pursuant to section 5(b) hereof (Section 7).

 Except for motions requiring immediate action, where the court

decides to conduct hearing on a litigious motion, the same shall be set
on a Friday (Section 8).
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 8. Omnibus motion. — Section 9. Omnibus motion. —

Subject to the provisions of section Subject to the provisions of section
1 of Rule 9, a motion attacking a 1 of Rule 9, a motion attacking a
pleading, order, judgment, or pleading, order, judgment, or
proceeding shall include all proceeding shall include all
objections then available, and all objections then available, and all
objections not so included shall be objections not so included shall be
deemed waived. (8a) deemed waived. (8)
 RULE 15
Section 10
 What are the exceptions to omnibus motion rule
under Section 1, Rule 9?

 Lack of jurisdiction over the subject matter

 Litis pendentia

 Res judicata

 Statute of limitation or prescription

 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 9. Motion for leave. Section 10. Motion for leave.

— A motion for leave to file a — A motion for leave to file a
pleading or motion shall be pleading or motion shall be
accompanied by the pleading accompanied by the pleading
or motion sought to be or motion sought to be
admitted. (n) admitted. (9)
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 10. Form. — The Section 11. Form. — The

Rules applicable to pleadings Rules applicable to pleadings
shall apply to written motions shall apply to written motions
so far as concerns caption, so far as concerns caption,
designation, signature, and designation, signature, and
other matters of form. (9a) other matters of form. (10)
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 12. Prohibited Motions. — The following

shall not be allowed:

(a) Motion to dismiss except on the following

grounds:

i. That the court has no jurisdiction over the

[NONE] subject matter of the claim.

ii. That there is another action pending

between the same parties for the same cause;
and

iii. That the cause of action is barred by a prior

judgment or by the statute of limitations;
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
(b) Motion to hear affirmative
defenses;

(c) Motion for reconsideration of

the court’s action on the affirmative
defenses;

(d) Motion to suspend proceedings

without a temporary restraining
order or injunction issued by a
higher court;
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
(e) Motion for extension of time to file
pleadings, affidavits or any other papers,
except a motion for extension to file an
answer as provided by Section 11, Rule 11;
and

(f) Motion for postponement intended for

delay, except if it is based on acts of God,
force majeure or physical inability of the
witness to appear and testify. If the motion
is granted based on such exceptions, the
moving party shall be warned that the
presentation of its evidence must still be
terminated on the dates previously agreed
upon.
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments
A motion for postponement, whether
written or oral, shall, at all times, be
accompanied by the original receipt
from the office of the clerk of court
evidencing payment of the
postponement fee under Section 21(b),
Rule 141, to be submitted either at the
time of the filing of said motion or not
later than the next hearing date. The
clerk of court shall not accept the
motion unless accompanied by an
original receipt. (n)
 RULE 15
Section 12
 There are prohibited motions under the new Rules:

 1. Motion to dismiss

 2. Motion to hear affirmative defenses;

 3. Motion for reconsideration of the court’s action on the affirmative

defenses;

 4. Motion to suspend proceedings without a temporary restraining order or

injunction issued by a higher court;

 5. Motion for extension of time to file pleadings, affidavits or any other

papers;

 6. Motion for postponement intended for delay;

 RULE 15
Section 12
 PLEASE TAKE NOTE:
 When the MTD is based on the following grounds:
▪ lack of jurisdiction over the subject matter;
▪ Litis pendentia;
▪ Res judiciata;
▪ Presription
 MTD is not a prohibited pleading. It is a litigious
motion.
 RULE 15
Section 12
 PLEASE TAKE NOTE:

 When for extension of time to file answer is allowed pursuant

Section 11, Rule 11.

 Motion for postponement is allowed if it is based on acts of

God, force majeure or physical inability of the witness to appear
and testify. A motion for postponement, whether written or
oral, shall, at all times, be accompanied by the original receipt
from the office of the clerk of court evidencing payment of the
postponement fee. If no proof of payment of postponement
fee, the clerk of court shall not accept the motion.
 RULE 15
MOTIONS
1997 Rules of Civil Procedure 2019 Amendments

Section 13. Dismissal with prejudice. — Subject to

the right of appeal, an order granting a motion to
dismiss or an affirmative defense that the
cause of action is barred by a prior
judgment or by the statute of limitations;
that the claim or demand set forth in the
plaintiff’s pleading has been paid, waived,
NONE abandoned or otherwise extinguished; or
that the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds, shall bar
the refiling of the same action or claim. (5, R16)
 RULE 15
Section 13
 There are dismissals of action which bar the filing of a similar
action. Dismissal based on:
 1. Barred by a prior judgment;
 2. Barred by the statute of limitations;
 3. that the claim or demand set forth in the plaintiff’s pleading
has been paid, waived, abandoned or otherwise extinguished;
 4. that the claim on which the action is founded is unenforceable
under the provisions of the statute of frauds.
 N.B. THE REMEDY OF THE AGGRIEVED PARTY IS
APPEAL
PROCEEDINGS AFTER SERVICE OF
SUMMONS AND DISMISSAL
OF ACTIONS
 Motion for Bill of Particulars
 If the allegations in the pleading is not definite or is vague to
enable the adverse party to prepare his responsive pleading, then a
Motion for Bill of Particulars may be filed (Sec. 1, Rule 12).
 If the motion is granted, the compliance therewith must be
effected within ten (10) days from notice of the order, unless a
different period is fixed by the court. It may be filed either in a
separate or in an amended pleading, serving a copy thereof on the
adverse party (Sec. 3, Rule 12).
 If the order is not obeyed, or in case of insufficient compliance
therewith, the court may order the striking out of the pleading or
the portions thereof to which the order was directed or make
such other order as it deems just (Sec. 4, Rule 12).
 It is filed within a period for filing responsive pleading.
 Motion to Dismiss
 Grounds:
 1. That the court has no jurisdiction over the subject
matter of the claim;
 2. That there is another action pending the same
parties for the same cause of action;
 3. Cause of action is barred by prior judgment;
 4. Cause of action is barred by statute of limitation.
 Section 12, Rule 15
 No anymore ground for MTD
 But may be set up as affirmative defenses
 1. That the cause of action is barred by a prior judgment or by the
statute of limitations;
 2. That the pleading asserting the claim states no cause of action;
 3. That the claim or demand set forth in the plaintiff's pleading
has been paid, waived, abandoned, or otherwise extinguished;
 4. That the claim on which the action is founded is unenforceable
under the provisions of the statute of frauds;
 5. That a condition precedent for filing the claim has not been
complied with.
 Section12, Rule
 Within what time should a motion to
dismiss be filed?
 Within the time for but before filing the
answer. However is the ground of the motion
to dismiss is lack of subject-matter
jurisdiction, res judicata, lis pendens or
prescription, and such grounds appear from
the pleadings or evidence on record, the
motion to dismiss may be filed even after
answer had been filed (Section 1, Rule 9).
 “Litis pendentia”
 Requisites:

 Identity of parties or at least such as representing

the same interest in both action;

 Identity of rights asserted and relief prayed for, the

relief being founded on the same facts;

 Identity of the causes of action such that judgment

in one case will amount to res judicata.
 That the pleading asserting the claim
states no cause of action
 Test:
◦ When all the elements of the cause of action are not present
in the complaint.

 Remember:
◦ You have to hypothetically admit the allegations in the
complaint. If after hypothetically admitting, the Court cannot
render a valid judgment, then, the allegations in the complaint
states no cause of action.
That a condition precedent for filing the claim
has not been complied with
Examples of condition
precedent:

Referral to
barangay

Earnest effort
to compromise

Tender of
payment in
consignation
 What are the remedies when the MTD
is granted?
 Refile the complaint depending on the ground for
dismissal
 Appeal the order of dismissal the basis of the dismissal is
the following:
◦ Res judicata,
◦ Prescription,
◦ Extinguishment of obligation
◦ Violation of statute of frauds. (Sec. 13, Rule 15)
 Petition for certiorari if dismissal is without prejudice
pursuant to Sec. 1, Rule 41.
When complaint cannot be refiled after dismissal

 1. Dismissal on the ground of res judicata.

 2. Dismissal on the ground of statute of
limitations.
 3. Claim or demand has been extinguished, paid,
waived, abandoned or extinguished.
 4. Claim, on which the action is founded, is
unenforceable under statute of frauds.
 (Section 13, Rule 15)
 What is the effect of dismissal on
counterclaim?
 Under the old Rule, the dismissal of the complaint
under this section shall be without prejudice to
the prosecution in the same or separate action of
a counterclaim pleaded in the answer (Sec. 6,
Rule 16).
 However, this rule is incorporated in Rule 16. But
Rule 16 is already deleted from the rule. Does
this meant that the dismissal of the
complaint carries with it the dismissal of the
counterclaim?
 What is the effect of dismissal on
counterclaim?
 I submit that the counterclaim can still be adjudicated in
the same action. Section 2, Rule 17 may be applicable.
It is provided therein that: “the dismissal shall be
without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate
action unless within fifteen (15) calendar days
from notice of the motion he or she manifests his
or her preference to have his or her counterclaim
resolved in the same action.”
 Dismissal by Plaintiff
 Dismissal Upon Notice by Plaintiff
◦ A complaint may be dismissed by the plaintiff by filing a
notice of dismissal at any time before service of the answer
or of a motion for summary judgment. Upon such notice being
filed, the court shall issue an order confirming the dismissal.
Unless otherwise stated in the notice, the dismissal is without
prejudice, except that a notice operates as an adjudication
upon the merits when filed by a plaintiff who has once
dismissed in a competent court an action based on or including
the same claim (Sec. 1, Rule 17).
Nature of dismissal under Section 1, Rule 17
 General rule:
◦ Without prejudice
 Exception:
◦ If the notice of dismissal provides that the
dismissal is with prejudice
◦ If the plaintiff has previously dismissed the same
case in a court of competent jurisdiction based on
or including the same claim
 Dismissal Upon Motion of Plaintiff
 If the answer or motion has already been served upon
the plaintiff, dismissal is no longer a matter of right and
will require the filing of the motion to dismiss by the
plaintiff. The said motion is subject to approval of the
court (Section 2, Rule 17).

 NOTE: dismissal is without prejudice unless otherwise

provided in the Order.
 Dismissal due to fault of the plaintiff
 Failure of the plaintiff to present evidence in chief
 Failure to prosecute his action for an unreasonable
period of time
 Failure of the plaintiff to comply with the Rules of Court
 Failure of the plaintiff to comply with the order of the
court.
 NOTE:
◦ the dismissal may be motu propio
◦ The dismissal is with prejudice
Effect of Dismissal upon Counterclaim
 If counterclaim has been pleaded prior to service upon the
defendant of plaintiff’s motion to dismiss, the dismissal shall be
limited to the complaint only.
 The defendant may prosecute his claim in the same action or in a
separate action.
 “The dismissal shall be without prejudice to the right of the
defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he
manifests his preference to have his counterclaim resolved in the
same action” (Sec. 2, Rule 17).
PRE-TRIAL AND MODES OF
DISCOVERY
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 1. When conducted. — After the Section 1. When conducted. — After the
last pleading has been served and filed, it last responsive pleading has been
shall be the duty of the plaintiff to served and filed, the branch clerk of
promptly move ex parte that the case be court shall issue, within five (5)
set for pre-trial (5a, R20) calendar days from filing, a notice of
pre-trial which shall be set not later
than sixty (60) calendar days from
the filing of the last responsive
pleading. (1a)
 RULE 18
Section 1

 Under the new Rule, it not anymore the duty of the

plaintiff to move for the setting the case for pre-trial. It
is now the obligation of the clerk of court.
 The branch clerk of court shall issue notice of pre-trial
within five (5) days from the filing of the last responsive
pleading.
 The pre-trial shall be set not later than 60 days from
the filing of the last responsive pleading.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments

Section. 2. Nature and Purpose. — The pre-trial is

Section 2. Nature and purpose. — The pre-trial is
mandatory and should be terminated
mandatory.The court shall consider:
promptly. The court shall consider:
(a) The possibility of an amicable settlement or of
a submission to alternative modes of dispute (a) The possibility of an amicable settlement or of
resolution; a submission to alternative modes of dispute
(b) The simplification of the issues; resolution;

(c) The necessity or desirability of amendments to (b)The simplification of the issues;

the pleadings;
(d) The possibility of obtaining stipulations or (c) The possibility of obtaining stipulations or
admissions of facts and of documents to avoid admissions of facts and of documents to avoid
unnecessary proof; unnecessary proof;
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments

(d)The limitation of the number and

(e) The limitation of the number of witnesses;
identification of witnesses and the setting of
(f) The advisability of a preliminary reference of trial dates;
issues to a commissioner;
(g) The propriety of rendering judgment on the (e) The advisability of a preliminary reference of
pleadings, or summary judgment, or of dismissing issues to a commissioner;
the action should a valid ground therefor be
found to exist; (f) The propriety of rendering judgment on the
pleadings, or summary judgment, or of dismissing
(h) The advisability or necessity of suspending the the action should a valid ground therefor be
proceedings; and found to exist;
(i) Such other matters as may aid in the prompt
disposition of the action. (1a, R20)
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
(g)The requirement for the parties to:

1. Mark their respective evidence if not yet

marked in the judicial affidavits of their
witnesses;

2. Examine and make comparisons of the

adverse parties' evidence vis-a-vis the
copies to be marked;

3. Manifest for the record stipulations

regarding the faithfulness of the
reproductions and the genuineness and due
execution of the adverse parties' evidence;
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments

4. Reserve evidence not available at the pre-

trial, but only in the following manner:

i. For testimonial evidence, by giving the

name or position and the nature of the
testimony of the proposed witness;

ii. For documentary evidence and other

object evidence, by giving a particular
description of the evidence.

No reservation shall be allowed if not made

in the manner described above.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
(h) Such other matters as may aid in the
prompt disposition of the action.

The failure without just cause of a

party and counsel to appear during
pre-trial, despite notice, shall result
in a waiver of any objections to the
faithfulness of the reproductions
marked, or their genuineness and
due execution.
 RULE 18
Section 2

There is a mandate under the

new Rules that pre-trial be
terminated promptly.
 RULE 18
Section 2
 There are new matters that must be considered during pre-trial:
 The limitation of the number and identification of witnesses and the setting of
trial dates;
 Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
 Examine and make comparisons of the adverse parties' evidence vis-a-vis the
copies to be marked;
 Manifest for the record stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the adverse parties'
evidence;
 RULE 18
Section 2
 There are new matters that must be considered during pre-
trial:
 Reserve evidence not available at the pre-trial: but only in the
following manner:
 For testimonial evidence, by giving the name or position and the
nature of the testimony of the proposed witness;
 For documentary evidence and other object evidence, by giving a
particular description of the evidence.
 PLEASE TAKE NOTE: No reservation shall be allowed if not made
in the manner described above.
 RULE 18
Section 2

 PLEASE TAKE NOTE:

The failure without just cause of a party and counsel to

appear during pre-trial, despite notice, shall result in a
waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due
execution.
 RULE 18
Section 2
 OBSERVATION
Under Section 2, the failure without just cause of a party and
counsel to appear during pre-trial, despite notice, shall result in a
waiver of any objections to the faithfulness of the reproductions
marked, or their genuineness and due execution. I find this
consequence without use. It must be noted that under Section 5,
the failure to appear during pre-trial has a well defined consequence.
If it is the plaintiff or his counsel did not appear, it lead to the
dismissal of the complaint. If it is the defendant or his counsel who
failed to appear, it will allow the plaintiff to present evidence ex-
parte.
What is thereof the use of the penalty in Section 2?
RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 3. Notice of pre-trial. — The notice of pre-trial shall Section. 3. Notice of pre-trial. — The notice of pre-trial
be served on counsel, or on the party who has no counsel. shall include the dates respectively set for:
The counsel served with such notice is charged with the
(a) Pre-trial;
duty of notifying the party represented by him. (n)
(b) Court-Annexed Mediation; and

(c) Judicial Dispute Resolution, if necessary.

The notice of pre-trial shall be served on counsel, or on the

party if he or she has no counsel. The counsel served with
such notice is charged with the duty of notifying the party
represented by him or her.

Non-appearance at any of the foregoing settings

shall be deemed as nonappearance at the pre-trial
and shall merit the same sanctions under Section 5
hereof. (3a)
 RULE 18
Section 3

 Under the new rules, the notice of pre-trial shall

include the date for pre-trial, court annexed
mediation and judicial dispute resolution if
necessary.
 The notice shall contain a reminder that “Non-
appearance at any of the foregoing settings shall be
deemed as nonappearance at the pre-trial and shall
merit the same sanctions under Section 5” of Rule 18.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 4. Appearance of parties. — It shall be the Section 4. Appearance of Parties. — It shall be the
duty of the parties and their counsel to appear at duty of the parties and their counsel to appear at
the pre-trial. The non-appearance of a party may the pre-trial, court-annexed mediation, and
be excused only if a valid cause is shown therefor judicial dispute resolution, if necessary. The
or if a representative shall appear in his behalf fully non-appearance of a party and counsel may
authorized in writing to enter into an amicable be excused only for acts of God, force
settlement, to submit to alternative modes of majeure, or duly substantiated physical
dispute resolution, and to enter into stipulations inability.
or admissions of facts and of documents. (n)
A representative may appear on behalf of a
party, but must be fully authorized in
writing to enter into an amicable
settlement, to submit to alternative modes
of dispute resolution, and to enter into
stipulations or admissions of facts and
documents.
 RULE 18
Section 4
 Section emphasizes that the appearance of parties and
their counsels are mandatory during pre-trial, court-
annexed mediation and judicial dispute resolution is
mandatory. Appearance may only be excused based on
the following reasons:
 1) Acts of god
 2) Force majeure
 3). Physical inability of party or counsel.
 RULE 18
Section 4

 PLEASE TAKE NOTE:

 A representative may appear on behalf of a party,
but must be fully authorized in writing to enter
into an amicable settlement, to submit to
alternative modes of dispute resolution, and to
enter into stipulations or admissions of facts and
documents.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 5. Effect of failure to appear. — The Section. 5. Effect of failure to appear. — When
failure of the plaintiff to appear when so duly notified, the failure of the plaintiff and
required pursuant to the next preceding counsel to appear without valid cause when
section shall be cause for dismissal of the so required, pursuant to the next preceding
action. The dismissal shall be with prejudice, Section, shall cause the dismissal of the action.
unless other-wise ordered by the court. A The dismissal shall be with prejudice, unless
similar failure on the part of the defendant shall otherwise ordered by the court. A similar
be cause to allow the plaintiff to present his failure on the part of the defendant and
evidence ex parte and the court to render counsel shall be cause to allow the plaintiff to
judgment on the basis thereof. (2a, R20) present his or her evidence ex-parte within
ten (10) calendar days from termination
of the pre-trial, and the court to render
judgment on the basis of the evidence
offered. (5a)
 RULE 18
Section 5
 Section of the new Rules provides for the effect on
non-appearance of parties and their counsels.
 If the plaintiff and his or her counsel failed to appear,
despite notice, it would cause the dismissal of the
complaint, with prejudice, unless otherwise ordered by
the court.
 If the defendant and his or her counsel failed to appear,
it will allow the plaintiff to present evidence ex-parte.
 PLEASE TAKE NOTE THAT THE APPEARANCE OF
PARTY AND COUNSEL IS REQUIRED.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 6. Pre-trial brief. — The parties shall file with the court and serve Section 6. Pre-trial brief. — The parties shall file with the court and serve
on the adverse party, in such manner as shall ensure their receipt thereof on the adverse party, in such manner as shall ensure their receipt thereof
at least three (3) days before the date of the pre-trial, their respective pre- at least three (3) calendar days before the date of the pre-trial, their
respective pre-trial briefs which shall contain, among others:
trial briefs which shall contain, among others:
(a) A concise statement of the case and the reliefs prayed for;
(a) A statement of their willingness to enter into amicable settlement or
alternative modes of dispute resolution, indicating the desired terms (b) A summary of admitted facts and proposed stipulation of facts;
thereof;
(c) The main factual and legal issues to be tried or resolved;
(b) A summary of admitted facts and proposed stipulation of facts; (d) The propriety of referral of factual issues to commissioners;
(c) The issues to be tried or resolved; (e) The documents or other object evidence to be marked, stating
the purpose thereof;
(d) The documents or exhibits to be presented stating the purpose
thereof; (f) The names of the witnesses, and the summary of their respective
testimonies; and
(e) A manifestation of their having availed or their intention to avail
(g) A brief statement of points of law and citation of authorities.
themselves of discovery procedures or referral to commissioners; and
Failure to file the pre-trial brief shall have the same effect as failure to
(f) The number and names of the witnesses, and the substance of their appear at the pre-trial. (8)
respective testimonies.

Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial. (n)
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 7. Record of pre-trial. — The proceedings in the Section 7. Pre-Trial Order. — Upon termination of the
pre-trial shall be recorded. Upon the termination thereof, pre-trial, the court shall issue an order within ten
the court shall issue an order which shall recite in detail the (10) calendar days which shall recite in detail the matters
matters taken up in the conference, the action taken taken up. The order shall include:
thereon, the amendments allowed to the pleadings, and the
(a) An enumeration of the admitted facts;
agreements or admissions made by the parties as to any of
the matters considered. Should the action proceed to trial, (b)The minutes of the pre-trial conference;
the order shall, explicitly define and limit the issues to be
(c) The legal and factual issue/s to be tried;
tried. The contents of the order shall control the
subsequent course of the action, unless modified before trial (d)The applicable law, rules, and jurisprudence;
to prevent manifest injustice. (5a, R20)
(e) The evidence marked;

(f) The specific trial dates for continuous trial, which

shall be within the period provided by the Rules;
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
(g) The case flowchart to be determined by
the court, which shall contain the different
stages of the proceedings up to the
promulgation of the decision and the use of
time frames for each stage in setting the trial
dates;
(h) A statement that the one-day examination
of witness rule and most important witness
rule under A.M. No. 03-1-09-SC (Guidelines
for Pre-Trial) shall be strictly followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary
judgment, as the case may be.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
The direct testimony of witnesses for the plaintiff
shall be in the form of judicial affidavits. After the
identification of such affidavits, cross-
examination shall proceed immediately.

Postponement of presentation of the parties’

witnesses at a scheduled date is prohibited,
except if it is based on acts of God, force majeure
or duly substantiated physical inability of the
witness to appear and testify. The party who
caused the postponement is warned that the
presentation of its evidence must still be
terminated within the remaining dates
previously agreed upon.
RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Should the opposing party fail to
appear without valid cause stated in
the next preceding paragraph, the
presentation of the scheduled witness
will proceed with the absent party
being deemed to have waived the right
to interpose objection and conduct
cross-examination.
The contents of the pre-trial order
shall control the subsequent
proceedings, unless modified before
trial to prevent manifest injustice. (7a)
 RULE 18
Section 7
 The pre-trial order governs the trial proceedings.
 The following matters must be stated in the Pre-trial Order:
(a) An enumeration of the admitted facts;
(b)The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d)The applicable law, rules, and jurisprudence;
(d)The applicable law, rules, and jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial, which shall be within the period provided by the
Rules;
(g) Case flow chart as determined by the Court;
(h) statement of one-day examination rule;
(i) statement that the court will render judgment on the pleadings or summary judgment.
 RULE 18
Section 7
 PLEASE TAKE NOTE:
 The direct testimony of witnesses for the plaintiff shall be in the
form of judicial affidavits. After the identification of such affidavits,
cross-examination shall proceed immediately.
 Postponement of presentation of the parties’ witnesses at a
scheduled date is prohibited, except if it is based on acts of God,
force majeure or duly substantiated physical inability of the
witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence
must still be terminated within the remaining dates previously
agreed upon.
 RULE 18
Section 7
 PLEASE TAKE NOTE:

 Should the opposing party fail to appear without

valid cause stated in the next preceding paragraph,
the presentation of the scheduled witness will
proceed with the absent party being deemed to
have waived the right to interpose objection and
conduct cross-examination.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 8. Court-Annexed Mediation. —
After pre-trial and, after issues
are joined, the court shall refer
the parties for mandatory court-
annexed mediation.
The period for court-annexed
NONE mediation shall not exceed thirty
(30) calendar days without
further extension. (n)
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section 9. Judicial Dispute Resolution. — Only if
the judge of the court to which the case
was originally raffled is convinced that
settlement is still possible, the case may be
referred to another court for judicial
dispute resolution. The judicial dispute
NONE resolution shall be conducted within a non-
extendible period of fifteen (15) calendar
days from notice of failure of the court-
annexed mediation.
If judicial dispute resolution fails, trial
before the original court shall proceed on
the dates agreed upon.
All proceedings during the court-annexed
mediation and the judicial dispute
resolution shall be confidential. (n)
 RULE 18
Section 9
 The judicial dispute resolution is not anymore mandatory.
It will only be conducted if the judge where the case is
originally raffled is convinced that settlement can be
reached. In which case, the JDR will be conducted by a
different court which shall be conducted for a period of 15
days which is non-extendible.

 If judicial dispute resolution fails, trial before the original

court shall proceed on the dates agreed upon.
 RULE 18
PRE-TRIAL
1997 Rules of Civil Procedure 2019 Amendments
Section. 10. Judgment after pre-trial. — Should
there be no more controverted facts, or no
more genuine issue as to any material fact, or
an absence of any issue, or should the answer
fail to tender an issue, the court shall, without
prejudice to a party moving for judgment on
NONE the pleadings under Rule 34 or summary
judgment under Rule 35, motu proprio include
in the pre-trial order that the case be
submitted for summary judgment or
judgment on the pleadings, without need of
position papers or memoranda. In such cases,
judgment shall be rendered within ninety (90)
calendar days from termination of the pre-
trial.
The order of the court to submit the case for
judgment pursuant to this Rule shall not be
the subject to appeal or certiorari. (n)
 RULE 18
Section 10
 Under the new Rules, the judgment on the pleadings or
summary judgment may be done by the Court motu propio,
of course with prejudice to the right of the party to file a
motion to that effect.

 If the court decides to render judgment on the pleadings

or summary judgment, the same must be stated in the pre-
trial order.

 The Court shall decide the case within 90 days from the
termination of the pre-trial.
MODES OF DISCOVERY
 Modes of Discovery
(Rule 23-29)
Deposition Pending Action (Rule 23)

Deposition before action or pending appeal (Rule 24)

Interrogatories to parties (Rule 25)

Admission by adverse party (Rule 26)

Production or Inspection of Documents (Rule 27)

Physical or mental examination of Persons (Rule 28)

 Deposition

It is the taking of testimony of

any person, whether he be a
party or not, but at the
instance of a party to the
action. This testimony is taken
out of court.
Two situation where Deposition is taken
Please take NOTE:

If deposition is
taken pending
•Deposition de
action, it is called: benne esse
If deposition is
taken before
existence of the
•In perpetuam rei
action, for appeal, it
is called:
memoriam
 Is it necessary to ask permission from the
court for the taking of deposition if there is a
pending action?
 No. Because deposition can be taken upon ex-
parte motion from a party (Sec. 1, Rule 23).
 Thus, the requirement that it should be by
leave of court after jurisdiction has been
obtained over any defendant or over property
which is the subject of the action, or without
such leave after an answer has been served, is
not anymore necessary.
 RULE 23
DEPOSITIONS PENDING ACTION
1997 Rules of Civil Procedure 2019 Amendments
Section 1. Depositions pending action, when may Section 1. Depositions pending action, when may
be taken. — By leave of court after jurisdiction be taken. — Upon ex parte motion of a
has been obtained over any defendant or over party, the testimony of any person, whether a
property which is the subject of the action, or party or not, may be taken, at the instance of
without such leave after an answer has been any party, by deposition upon oral examination
served, the testimony of any person, whether a or written interrogatories. The attendance of
party or not, may be taken, at the instance of witnesses may be compelled by the use of a
any party, by deposition upon oral examination subpoena as provided in Rule 21. Depositions
or written interrogatories. The attendance of shall be taken only in accordance with these
witnesses may be compelled by the use of a Rules. The deposition of a person confined in
subpoena as provided in Rule 21. Depositions prison may be taken only by leave of court on
shall be taken only in accordance with these such terms as the court prescribes.
Rules. The deposition of a person confined in
prison may be taken only by leave of court on
such terms as the court prescribes.
How is deposition taken?

Deposition upon oral

examination
Deposition upon written
interrogatories
Before whom may deposition be taken?

It 1) judge; 2) notary public; 3) person

depends If deposition authorized to administer oath.
will be taken
within the
Secs.
Philippines:
10 &
If in foreign 1) secretary of embassy or legation; 2)
11 consul general; 3) consul; 4) vice
Rule 3 country: consul; 5) consular agent; 6) person as
may be appointed by commission or
letters rogatory; 7) person authorized
to administer oath.
 Commission vs. Letters Rogatory
 Commission – is  Letters Rogatory – is an
instrument whereby the foreign
authorization given to court is informed of the
somebody, other than pendency of the case and in the
consular officers, to take name of a foreign witnesses, and
the deposition of the is requested to cause their
depositions to be taken in due
deponent. It is usually course of law, for the
issued when the Philippines furtherance of justice, with an
has no consular office in a offer of the party of the court
making the request, to do like
particular country. for the other, in similar case.
 Section 12, Rule 23

 Commission or Letters Rogatory. — A

commission or letters rogatory shall be issued only
when necessary or convenient, on application and
notice, and on such terms and with such direction as
are just and appropriate. Officers may be designated
in notices or commissions either by name or
descriptive title and letters rogatory may be
addressed to the appropriate judicial authority in the
foreign country.
 Dulay vs. Dulay, 474 SCRA 674
 Leave of court is not required when deposition is to be
taken before secretary of embassy or legation, consul
general, consul, vice-consul or consular agent of the RP and
defendant’s answer has already been served. However, if
deposition is to be taken in foreign country where the
Philippine has no secretary of embassy or legation, consul
general, consul, vice-consul or consular agent, it may be
taken by person as may be appointed by commission. The
authentication made by the consular officer was a
ratification of the authority of the notary public who took
the questioned depositions.
 Whose deposition may be taken?

 Any person, whether a party or not, may be taken

 Sec. 1, Rule 23
 How is deposition taken?
 Section 15. Deposition upon oral examination; notice;
time and place. — A party desiring to take the deposition of
any person upon oral examination shall give reasonable
notice in writing to every other party to the action. The
notice shall state the time and place for taking the deposition
and the name and address of each person to be
examined, if known, and if the name is not known, a general
description sufficient to identify him or the particular class or
group to which he belongs. On motion of any party upon
whom the notice is served, the court may for cause shown
enlarge or shorten the time.
 How is deposition taken?

 Section 16. Orders for the protection of parties and depositions.

 Section 17. Record of examination; oath; objections.
 Section 18. Motion to terminate or limit examination.
 Section 19. Submission to witness; changes; signing.
 Section 20. Certification and filing by Officer.
 Section 21. Notice of filing
 Section 22. Furnishing of copies
 Section 23. Failure to attend of party giving notice
 Section 24. Failure of the party giving notice to subpoena
 Deposition upon written interrogatories
 SECTION 25. Deposition Upon Written Interrogatories; Service of
Notice and of Interrogatories. — A party desiring to take the deposition
of any person upon written interrogatories shall serve them upon every
other party with a notice stating the name and address of the person who is
to answer them and the name or descriptive title and address of the officer
before whom the deposition is to be taken. Within ten (10) days thereafter, a
party so served may serve cross-interrogatories upon the party proposing
to take the deposition. Within five (5) days thereafter the latter may serve
re-direct interrogatories upon a party who has served cross-interrogatories.
Within three (3) days after being served with re-direct interrogatories, a
party may serve re-cross-interrogatories upon the party proposing to take
the deposition.
 Deposition upon written interrogatories
 SECTION 26. Officers to Take Responses and
Prepare Record. — A copy of the notice and copies of
all interrogatories served shall be delivered by the party
taking the deposition to the officer designated in the
notice, who shall proceed promptly, in the manner
provided by Sections 17, 19 and 20 of this Rule, to take
the testimony of the witness in response to the
interrogatories and to prepare, certify, and file or mail
the deposition, attaching thereto the copy of the notice
and the interrogatories received by him.
 Deposition upon written interrogatories
 SECTION 27. Notice of Filing and Furnishing Copies. — When a
deposition upon interrogatories is filed, the officer taking it shall
promptly give notice thereof to all the parties, and may furnish
copies to them or to the deponent upon payment of reasonable
charges the
 SECTION 28. Orders for the Protection of Parties and
Deponents. — After the service of the interrogatories and prior
to the taking of the testimony of the deponent, the court in which
the action is pending, on motion promptly made by a party or a
deponent, and for good cause shown, may make any order specified
in Sections 15, 16 and 18 of this Rule which is appropriate and just
or an order that the deposition shall not be taken before the officer
designated in the notice or that it shall not be taken except upon
oral examination. refor.
 Supposing the party sought to be
examined refused to appear?

 The attendance of witnesses may be compelled by the

use of subpoena under Rule 21.

 Sec. 1, Rule 23.

Where do you apply the sub-poena?
 RULE 21

 SECTION 5. Subpoena for depositions. — Proof of service of

a notice to take a deposition, as provided in Sections 15 and 25 of
Rule 23, shall constitute sufficient authorization for the issuance
of subpoenas for the persons named in said notice by the clerk
of the court of the place in which the deposition is to be
taken. The clerk shall not, however, issue a subpoena duces tecum
to any such person without an order of the court.
 In short, the court of the place where the deposition shall be
taken.
What may be asked during the taking of
deposition?
 RULE 23
 SECTION 2. Scope of examination. — Unless otherwise
ordered by the court as provided by Section 16 or 18 of
this Rule, the deponent may be examined regarding any
matter, not privileged, which is relevant to the
subject of the pending action, whether relating to the
claim or defense of any other party, including the existence,
description, nature, custody, condition, and location of any
books, documents, or other tangible things and the identity
and location of persons having knowledge of relevant facts.
 Limitations on deposition taking:

Matter inquired into is not privilege.

Matter inquired into is relevant pending action.

Court may issue order to protect the parties (Sec.

16 & 18).
 When is objection made on the
admissibility of the deposition?

 SECTION 6.Objections to Admissibility. —

Subject to the provisions of Section 29 of this
Rule, objection may be made at the trial
or hearing to receiving in evidence any
deposition or part thereof for any reason which
would require the exclusion of the evidence if
the witness were then present and testifying.
 Sec. 4, Rule 23

Use of Deposition:

In what • Trial
proceedings • Hearing of motion
may it be used • Hearing of interlocutory proceeding

• Against any party who was present

Against whom
• Against a party who was not
may it be sued present but notified
For what purpose it may be used:
 A. For impeaching purposes if the
deponent is a witness
 B. It may be used for any purpose if the
deponent is a party
For what purpose it may be used:
 C. It may be used for any purpose if:
◦ 1) that the witness is dead; or
◦ 2) that the witness resides at a distance more than
one hundred (100) kilometers from the place of trial
or hearing, or is out of the Philippines, unless it
appears that his absence was procured by the party
offering the deposition; or
◦ 3) that the witness is unable to attend or testify
because of age, sickness, infirmity, or imprisonment; or
For what purpose it may be used:
 C. It may be used for any purpose if:
◦ 4) that the party offering the deposition has been
unable to procure the attendance of the witness by
subpoena; or
◦ 5) upon application and notice, that such exceptional
circumstances exist as to make it desirable, in the
interest of justice and with due regard to the
importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be used.
(Sec.4, Rule)
 Effect of using deposition

 Section 8. Effect of Using Depositions. — The

introduction in evidence of the deposition or any
part thereof for any purpose other than that of
contradicting or impeaching the deponent makes
the deponent the witness of the party
introducing the deposition, but this shall not
apply to the use by an adverse party of a deposition
as described in paragraph (b) of Section 4 of this
rule.
 Effect of taking depositions

 SECTION 7. Effect of Taking

Depositions. — A party shall not be
deemed to make a person his own
witness for any purpose by taking his
deposition.
 Rule 24
Deposition before Action, or Pending Appeal

 SECTION 1. Depositions Before Action; Petition. — A

person who desires to perpetuate his own testimony or
that of another person regarding any matter that may be
cognizable in any court of the Philippines, may file a
verified petition in the court of the place of the
residence of any expected adverse party.

 The same as Rule 134 – Perpetuation of Testimony

 Contents of petition
 (a) that the petitioner expects to be a party to an action
 (b) the subject matter of the expected action and his interest therein;
 (c) the facts which he desires to establish by the proposed testimony and
his reasons for desiring to perpetuate it;
 (d) the names or a description of the persons he expects will be adverse
parties and their addresses so far as known; and
 (e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and shall
ask for an order authorizing the petitioner to take the depositions of the
persons to be examined named in the petition for the purpose of
perpetuating their testimony.(Section 2, Rule 24).
 Procedure

Petitioner shall If the court is

Deposition
File Petition serve notice to satisfied, it shall
taking will
all person issue order
(Sec. 2) follow Rule 23.
named in the granting the
(sec. 4)
petition. (Sec. 3) petition. (Sec. 4)
 Deposition pending appeal
 If an appeal has been taken from a judgment of a court,
including the Court of Appeals in proper cases, or before the
taking of an appeal if the time therefor has not expired, the
court in which the judgment was rendered may allow the
taking of depositions of witnesses to perpetuate their
testimony for use in the event of further proceedings in the
said court. In such case the party who desires to perpetuate
the testimony may make a motion in the said court for leave
to take the depositions, upon the same notice and service
thereof as if the action was pending therein. (Sec. 7, Rule 24)
 Contents of the Motion

The motion shall state:

(a) the names and addresses of

the persons to be examined
(b) the reason for
and the substance of the
perpetuating their testimony.
testimony which he expects to
elicit from each; and
 Rule 25
Interrogatories to Parties
 SECTION 1. Interrogatories to Parties; Service
Thereof. — Under the same conditions specified in Section
1 of Rule 23, any party desiring to elicit material and
relevant facts from any adverse parties shall file and serve
upon the latter written interrogatories to be answered by
the party served or, if the party served is a public or private
corporation or a partnership or association, by any officer
thereof competent to testify in its behalf.
 N.B. Written interrogatories are directed to adverse party,
not to strangers.
 Interrogatories under Rule 23 & Rule 25

 Rule 23  Rule 25
 There is deposition  No deposition
officer officer
 Questions are  Directed to parties
prepared beforehand  Not applicable to
 Party or not may be stranger
taken
 Scope and use of interrogatories

 SECTION 5. Scope and Use of

Interrogatories. — Interrogatories
may relate to any matters that can be
inquired into under Section 2 of Rule 23,
and the answers may be used for the
same purposes provided in Section 4 of
the same Rule.
 Effect of failure to serve written
interrogatories

 SECTION 6. Effect of Failure to Serve

Written Interrogatories. — Unless
thereafter allowed by the court for good cause
shown and to prevent a failure of justice, a
party not served with written
interrogatories may not be compelled by
the adverse party to give testimony in open
court, or to give a deposition pending appeal.
 Rule 26
Admission by adverse party
 SECTION 1. Request for Admission. — At any time
after issues have been joined, a party may file and
serve upon any other party a written request for the
admission by the latter of the genuineness of any material
and relevant document described in and exhibited with
the request or of the truth of any material and relevant
matter of fact set forth in the request. Copies of the
documents shall be delivered with the request unless
copies have already been furnished.
 Implied admission
 SECTION 2. Implied Admission. — Each of the matters of
which an admission is requested shall be deemed admitted
unless, within a period designated in the request, which shall not
be less than fifteen (15) days after service thereof, or within
such further time as the court may allow on motion, the party
to whom the request is directed files and serves upon the party
requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or
setting forth in detail the reasons why he cannot truthfully
either admit or deny those matters.
 Objection to admission
 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 as contemplated in the preceding
paragraph and his compliance therewith shall be
deferred until such objections are resolved, which
resolution shall be made as early as practicable (Sec.
2, Rule 26).
 Effect of admission

 SECTION 3. Effect of Admission. — Any

admission made by a party pursuant to such
request is for the purpose of the pending
action only and shall not constitute an
admission by him for any other purpose nor
may the same be used against him in any
other proceeding.
Effect of failure to file and serve request
 SECTION 5. Effect of Failure to File and
Serve Request for Admission. — Unless
otherwise allowed by the court for good cause
shown and to prevent a failure of justice, a party
who fails to file and serve a request for admission
on the adverse party of material and relevant facts
at issue which are, or ought to be, within the
personal knowledge of the latter, shall not be
permitted to present evidence on such facts.
 If the actionable document is already denied
under oath, it need not be subject of request
for admission.

 Po vs. CA, 164 SCRA 668

 A party should not be compelled to admit
matters of fact already admitted by his
pleading and concerning which there is no
issue, nor should he be required to make a
second denial of those already denied in his
answer to the complaint.
If the request is addressed to the lawyer of the
adverse party and the latter did not answer the
request, would it have the effect of admitting
the matters subject of the request?

 No. The SC held that request for admission must be

served directly upon the party requested. Otherwise,
that party cannot be deemed to have admitted the
genuineness of any relevant matters of the fact set forth
therein on account of the failure to answer the request
for admission (Lanada vs. CA, GR. No. 102390,
February 1, 2002).
 Rule 27
Production or Inspection of documents
 Motion for production or inspection

 To produce and permit the inspection and copying or

photographing, by or on behalf of the moving party, of any
designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which
constitute or contain evidence material to any matter
involved in the action and which are in his possession,
custody or control (Sec. 1, Rule 28);
 Distinguish Rule 27 from Subpoena Duces
Tecum
 There is a need to show good cause for production or
inspection of documents while good cause is not
required in subpoena duces tecum.
 An order for production or inspection of documents can
only be directed to a party while subpoena duces tecum
may be directed to a non-party.
 An order for production or inspection of documents is a
pre-trial device to obtain fact to prepare for trial while
subpoena duces tecum is a process used during trial
proper.
 Cases
 Chan vs. Chan, July 24, 2013
 If sought to be examined is a record regarding the drug
rehabilitation of a party, then such matter cannot be the
subject of an order for examination of documents because it
is a matter of privilege.
 Insigne vs.Abra Valley Colleges, July 29, 2015
 In a complaint for inspection of corporate books, the plaintiff
can file for a motion for production/inspection of documents
to compel the defendant to produce the stock-and-transfer
book, even if the latter interpose the defense that plaintiff is
not a stockholder.
 Rule 28
Physical or Mental Examination
 Section 1. When examination may be ordered.
 N.B. In an action in which the mental or physical condition
of a party is in controversy.
 Examples:
◦ Action for annulment of contract on the ground of
insanity
◦ Petition for guardianship of a person alleged to be insane
◦ Action to recover damages for personal injury where the
issue is the extent of the injuries of the plaintiff
 What is the effect if the party refused to be
examined?
 The requesting party may request from the Court
an Order that the designated facts subject of the
request shall be deemed established (Sec. 3(a),
Rule 29).

 BUT:
 The party sought to be examined cannot be
arrested, even if he refused the follow the order
of the court (Sec. 3(d), Rule 29).
 What is the effect if the party examined requests and
obtains a report of the examination so ordered or take
the deposition of the examiner?

 SECTION 4. Waiver of Privilege. — By requesting

and obtaining a report of the examination so ordered or
by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action
or any other involving the same controversy, regarding
the testimony of every other person who has examined
or may thereafter examine him in respect of the same
mental or physical examination (Rule 28).
What if the party examined refused to deliver the
report or the physician fails to make such report,
what is the remedy of the requesting party?

 If the party examined refuses to deliver such

report, the court on motion and notice may
make an order requiring delivery on such terms
as are just, and if a physician fails or refuses to
make such a report the court may exclude his
testimony if offered at the trial (Sec. 3e, Rule
28).
 Rule 29
Refusal to Comply with Modes of Discovery
 SECTION 1. Refusal to Answer. — x x x x x The
proponent may thereafter apply to the proper court of the
place where the deposition is being taken, for an order to
compel an answer. The same procedure may be availed of
when a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25.
 NOTE:
 This is applicable in taking of deposition under Rule 23 and
25
 Other consequences of refusal to answer question
during deposition, or order production or inspection of
documents or things under Rule 27 or refused to
submit himself for examination under Rule 28
 An order that the matters regarding which the questions
were asked, or the character or description of the thing
or land, or the contents of the paper, or the physical or
mental condition of the party, or any other designated
facts shall be taken to be established for the
purposes of the action in accordance with the
claim of the party obtaining the order (Sec. 3(a),
Rule 29).
 Other consequences of refusal to answer question
during deposition, or order production or inspection of
documents or things under Rule 27 or refused to
submit himself for examination under Rule 28
 An order refusing to allow the disobedient party
to support or oppose designated claims or
defenses or prohibiting him from introducing in
evidence designated documents or things or items
of testimony, or from introducing evidence of
physical or mental condition (Sec. 3(b), Rule
29).
 Other consequences of refusal to answer question
during deposition, or order production or inspection of
documents or things under Rule 27 or refused to
submit himself for examination under Rule 28
 An order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing
the action or proceeding or any part thereof, or rendering a
judgment by default against the disobedient party (Sec. 3(c),
Rule 29).
 Please take NOTE:
 This remedy is available in case of failure of the party to
attend in deposition taking or failed to served answers to
written interrogatories under Rule 25 (Sec. 5, Rule).
 Other consequences of refusal to answer question
during deposition, or order production or inspection of
documents or things under Rule 27 or refused to
submit himself for examination under Rule 28

 Inlieu of any of the foregoing orders or in

addition thereto, an order directing the arrest
of any party or agent of a party for disobeying
any of such orders except an order to submit
to a physical or mental examination. (Sec. 3(d),
Rule 29).
TRIAL
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 1. Notice of Trial. — Upon entry Section 1. Schedule of trial. — The
of a case in the trial calendar, the clerk parties shall strictly observe the
shall notify the parties of the date of its scheduled hearings as agreed upon
trial in such manner as shall ensure his and set forth in the pre-trial order.
receipt of that notice at least five (5)
days before such date. (2a, R22) (a) The schedule of the trial dates,
for both plaintiff and defendant,
shall be continuous and within the
following periods:
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

i. The initial presentation of plaintiff ’s

evidence shall be set not later than
thirty (30) calendar days after the
termination of the pre-trial conference.
Plaintiff shall be allowed to present its
evidence within a period of three (3)
months or ninety (90) calendar days,
which shall include the date of the
judicial dispute resolution, if necessary;
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
ii. The initial presentation of
defendant’s evidence shall be set
not later than thirty (30) calendar
days after the court’s ruling on
plaintiff ’s formal offer of evidence.
The defendant shall be allowed to
present its evidence within a period
of three (3) months or ninety (90)
calendar days;
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
iii. The period for the presentation of
evidence on the third (fourth, etc.) –
party claim, counterclaim or cross-
claim shall be determined by the court,
the total of which shall in no case
exceed ninety (90) calendar days; and

iv. If deemed necessary, the court shall

set the presentation of the parties’
respective rebuttal evidence, which
shall be completed within a period of
thirty (30) calendar days.
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
(b) The trial dates may be shortened
depending on the number of witnesses
to be presented, provided that the
presentation of evidence of all parties
shall be terminated within a period of
ten (10) months or three hundred
(300) calendar days. If there are no
third (fourth, etc.)-party claim,
counterclaim or cross-claim, the
presentation of evidence shall be
terminated within a period of six (6)
months or one hundred eighty (180)
calendar days.
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

(c) The court shall decide and serve

copies of its decision to the parties
within a period not exceeding
ninety (90) calendar days from the
submission of the case for
resolution, with or without
memoranda. (n)
 RULE 30
Section 1
 The new Rules adopts the continuous trial system in
civil cases.
 Under this system, the parties are enjoined to follow
strictly the schedule of trials agreed upon in the pre-
trial order.
 The initial presentation of plaintiff’s evidence shall be
set not later than thirty (30) calendar days after the
termination of the pre-trial conference.
 RULE 30
Section 1

 Period to present evidence:

 Plaintiff shall present evidence within a period of three
(3) months or ninety (90) calendar days, which shall
include the date of the judicial dispute resolution, if
necessary;
 The defendant shall present evidence within a period of
three (3) months or ninety (90) calendar days;
 RULE 30
Section 1

 Period to present evidence:

 The period for the presentation of evidence on the third
(fourth, etc.) – party claim, counterclaim or cross-claim
shall be determined by the court, the total of which shall in
no case exceed ninety (90) calendar days; and
 If deemed necessary, the court shall set the presentation of
the parties’ respective rebuttal evidence, which shall be
completed within a period of thirty (30) calendar days.
 RULE 30
Section 1
 Period to present evidence:
 The trial dates may be shortened depending on the
number of witnesses to be presented, provided that
the presentation of evidence of all parties shall be
terminated within a period of ten (10) months or three
hundred (300) calendar days. If there are no third
(fourth, etc.)-party claim, counterclaim or cross-claim,
the presentation of evidence shall be terminated within
a period of six (6) months or one hundred eighty (180)
calendar days.
 RULE 30
Section 1

 Period to decide the case:

 The court shall decide and serve copies of its decision to
the parties within a period not exceeding ninety (90)
calendar days from the submission of the case for
resolution, with or without memoranda.
 RULE 30
Section 1
TRIAL PROCESS

Schedule of trial –
Plaintiff’s evidence Defendant’s
30 days from
– 90 days evidence – 90 days
termination of PT

Third party,
Decision – within
counterclaim, Rebuttal evidence –
90 days from
cross-claim – 90 30 days
submission
days maximum
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 2. Adjournments and postponements. — A Section 2. Adjournments and postponements. — A
court may adjourn a trial from day to day, and to court may adjourn a trial from day to day, and to
any stated time, as the expeditious and convenient any stated time, as the expeditious and convenient
transaction of business may require, but shall have transaction of business may require, but shall have
no power to adjourn a trial for a longer period no power to adjourn a trial for a longer period
than one month for each adjournment nor more than one month for each adjournment, nor more
than three months in all, except when authorized than three months in all, except when authorized
in writing by the Court Administrator, Supreme in writing by the Court Administrator, Supreme
Court. (3a, R22) Court.

The party who caused the postponement is

warned that the presentation of its evidence
must still be terminated on the remaining
dates previously agreed upon.
(2a)
 RULE 30
Section 2

A party may ask for postponement of trial.

 However, under the new Rules, the party who
caused the postponement is warned that the
presentation of its evidence must still be
terminated on the remaining dates previously
agreed upon.
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 3. Requisites of motion to postpone trial [Section 3. Requisites of motion to
for absence of evidence. — A motion to postpone trial for absence of evidence. —
postpone a trial on the ground of absence of Deleted]
evidence can be granted only upon affidavit
showing the materiality or relevancy of such
evidence, and that due diligence has been used
to procure it. But if the adverse party admits
the facts to be given in evidence, even if he
objects or reserves the right to object to their
admissibility, the trial shall not be postponed.
(4a, R22; Bar Matter No. 803, 21 July 1998)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 4. Requisites of motion to postpone Section 3. Requisites of motion to postpone
trial for illness of party or counsel. — A trial for illness of party or counsel. — A
motion to postpone a trial on the ground motion to postpone a trial on the ground
of illness of a party or counsel may be of illness of a party or counsel may be
granted if it appears upon affidavit or granted if it appears upon affidavit or
sworn certification that the presence of sworn certification that the presence of
such party or counsel at the trial is such party or counsel at the trial is
indispensable and that the character of his indispensable and that the character of his
illness is such as to render his non- or her illness is such as to render his or
attendance excusable. (5a, R22) her non-attendance excusable. (4a)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 4. Hearing days and calendar call. —
Trial shall be held from Monday to
Thursday, and courts shall call the cases at
exactly 8:30 a.m. and 2:00 p.m., pursuant to
Administrative Circular No. 3-99. Hearing
on motions shall be held on Fridays,
pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their

court calendars outside their courtrooms
at least one (1) day before the scheduled
hearings, pursuant to OCA Circular
No. 250-2015. (n)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 5. Order of trial. — Subject to the Section 5. Order of trial. — Subject to the
provisions of section 2 of Rule 31, and unless the provisions of Section 2 of Rule 31, and unless the
court for special reasons otherwise directs, the court for special reasons otherwise directs, the
trial shall be limited to the issues stated in the trial shall be limited to the issues stated in the
pre-trial order and shall proceed as follows: pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of (a) The plaintiff shall adduce evidence in support of
his complaint; his or her complaint;

(b) The defendant shall then adduce evidence in (b) The defendant shall then adduce evidence in
support of his defense, counterclaim, cross-claim support of his or her defense, counterclaim,
and third-party complaints; cross-claim and third-party complaint;
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

(c) The third-party defendant if any, shall adduce (c) The third-party defendant, if any, shall adduce
evidence of his defense, counterclaim, cross-claim evidence of his or her defense, counterclaim,
and fourth-party complaint; cross-claim and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall (d) The fourth-party, and so forth, if any, shall
adduce evidence of the material facts pleaded by adduce evidence of the material facts pleaded by
them; them;

(e) The parties against whom any counterclaim or (e) The parties against whom any counterclaim or
cross-claim has been pleaded, shall adduce cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order evidence in support of their defense, in the order
to be prescribed by the court; to be prescribed by the court;
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

(f) The parties may then respectively adduce (f) The parties may then respectively adduce
rebutting evidence only, unless the court, for rebutting evidence only, unless the court, for
good reasons and in the furtherance of justice, good reasons and in the furtherance of justice,
permits them to adduce evidence upon their permits them to adduce evidence upon their
original case; and original case; and

(g) Upon admission of the evidence, the case (g) Upon admission of the evidence, the case
shall be deemed submitted for decision, unless shall be deemed submitted for decision, unless
the court directs the parties to argue or to the court directs the parties to argue or to
submit their respective memoranda or any submit their respective memoranda or any
further pleadings. further pleadings.
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

If several defendants or third-party If several defendants or third-party

defendants, and so forth, having defendants, and so forth, having
separate defenses appear by different separate defenses appear by different
counsel, the court shall determine counsel, the court shall determine
the relative order of presentation of the relative order of presentation of
their evidence. (1a, R30) their evidence. (5a)
 RULE 30 ORDER OF
Section 5 TRIAL

Defendant’s
Plaintiff’s evidence evidence on his Third party
Fourth party, if any
on his claim defense, cross-claim defendant
or counterclaim

Parties against
whom, counterclaim, Parties rebuttal Submitted for
cross-claim has been evidence decision
pleaded
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

Section 6. Oral offer of exhibits. —

The offer of evidence, the comment
or objection thereto, and the court
ruling shall be made orally in
accordance with Sections 34 to 40
of Rule 132. (n)
 RULE 30
Section 6

The new Rules requires that

offer of evidence should be
done ORALLY.
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 6. Agreed statement of facts. — The Section 7. Agreed statement of facts. — The
parties to any action may agree, in writing, parties to any action may agree, in writing,
upon the facts involved in the litigation, and upon the facts involved in the litigation, and
submit the case for judgment on the facts submit the case for judgment on the facts
agreed upon, without the introduction of agreed upon, without the introduction of
evidence. evidence.

If the parties agree only on some of the facts If the parties agree only on some of the facts
in issue, the trial shall be held as to the in issue, the trial shall be held as to the
disputed facts in such order as the court shall disputed facts in such order as the court shall
prescribe. (2a, R30) prescribe. (6)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

Section 7. Statement of judge. — During [Section 7. Statement of judge. —

the hearing or trial of a case any Deleted]
statement made by the judge with
reference to the case, or to any of the
parties, witnesses or counsel, shall be
made of record in the stenographic
notes. (3a, R30)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments

Section 8. Suspension of actions. — The Section 8. Suspension of actions. — The

suspension of actions shall be governed suspension of actions shall be governed
by the provisions of the Civil Code. (n) by the provisions of the Civil Code and
other laws. (8a)
 RULE 30
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1997 Rules of Civil Procedure 2019 Amendments
Section 9. Judge to receive evidence; delegation to Section 9. Judge to receive evidence; delegation to clerk
clerk of court. — The judge of the court where the of court. — The judge of the court where the case is
case is pending shall personally receive the evidence pending shall personally receive the evidence to be
to be adduced by the parties. However, in default adduced by the parties. However, in default or ex
or ex parte hearings, and in any case where the parte hearings, and in any case where the parties
parties agree in writing, the court may delegate the agree in writing, the court may delegate the
reception of evidence to its clerk of court who is a reception of evidence to its clerk of court who is a
member of the bar. The clerk of court shall have no member of the bar. The clerk of court shall have no
power to rule on objections to any question or to power to rule on objections to any question or to
the admission of exhibits, which objections shall be the admission of exhibits, which objections shall be
resolved by the court upon submission of his report resolved by the court upon submission of his or her
and the transcripts within ten (10) days from report and the transcripts within ten (10) calendar
termination of the hearing. (n) days from termination of the hearing. (9a)
DEMURRER TO EVIDENCE
 Rule 33
Demurrer to Evidence

When is the proper • After the plaintiff has completed the

time to file presentation of his evidence, the
Demurrer to defendant may move for dismissal on the
Evidence? ground that upon the facts and the law
the plaintiff has shown no right to relief.

What is the effect if

the motion is • If his motion is denied, he shall have the right to
present evidence. If the motion is granted but
denied? How about on appeal the order of dismissal is reversed he
if the motion is shall be deemed to have waived the right to
granted but present evidence.
reversed on appeal?
 Grounds for Demurrer
 On the ground that upon the facts and the
law the plaintiff has shown no right to relief
(Sec. 1, Rule 33).
 This is equivalent to insufficiency of evidence.
 Thus, res judicata is a proper ground for
demurrer (Republic vs. Tuvera, 516 SCRA
113).
 Effect of Denial of Demurrer
 Defendant will present evidence.

 The denial of demurrer is not a final order; it is an

interlocutory order (Katigbak vs. Sandiganbayan,
404 SCRA 558).

 Therefore, the remedy is not to appeal the Order, but

to file Petition for Certiorari under Rule 65, if there is
grave abuse of discretion.
 Effect of Grant of Demurrer
 The case is dismissed.

 If the order is reversed in the appellate court, the defendant

loses his right to present evidence.

 It is not correct for the appellate court to remand the case

for further proceedings. The correct procedure is for the
appellate court to render judgment based on the pieces of
evidence presented by the plaintiff (Radiowealth Finance
Corp. vs. Del Rosario, 335 SCRA 288).
 Motion to Dismiss vs. Demurrer
 1. MTD in Rule 16 is made  1. It is made after the
before answer. plaintiff rests its case.
 2. There are several  2. There is only one
grounds. ground.
 3. If denied, defendant may  3. If denied, the
file answer. defendant will present
 4. When granted, the evidence.
complaint may be filed  4. When granted, it may
except for, prescription, res not be re-filed. The
judicata, or claim is remedy is appeal.
extinguished.
 Civil Demurrer vs. Criminal Demurrer

 1. Leave of court is not  1. It may be with or without

required. leave of court.
 2. If granted, the order is not
 2. If granted, the order is
appealable.
appealable.
 3. If denied, the accused may
 3. If denied, the present evidence if he filed it
defendant may present with leave of court.
evidence.  4. The Court may dismiss the

 4. It cannot be granted case motu propio (Sec. 23,

Rule 119).
motu propio.
JUDGMENT AND FINAL
ORDER
 Judgment
 It is the final ruling by the court of competent
jurisdiction regarding the rights or other matters
submitted to it in an action or proceeding
(Macahilig vs. Heirs of Gracia M. Magalit,
344 SCRA 838, 848).
 A judgment is the court’s official and final
consideration and determination of the
respective rights and obligations of the parties
 Requisites of a Valid Judgment
 Court must have jurisdiction over the case
 Court must have jurisdiction over the parties and subject
matter
 Parties must be given an opportunity to adduce evidence
in their behalf.
 Evidence must have been considered.
 In writing personally and directly prepared by the judge,
stating clearly and distinctly the facts and the law on
which it is based, signed by him.
 How to resolve the conflict between the
body and the dispositive portion
 GENERAL RULE:
 The dispositive portion of the decision shall prevail.
 BUT:
 If the inevitable conclusion from the body of the
decision is so clear that there was a mere mistake in
the dispositive portion, the body of the decision shall
prevail (So vs. Food Fest Land, Inc., 642 SCRA
592; People vs. Cilot, GR No. 208410, October
19, 2016).
What is judgment upon compromise?
 This is a judgment rendered by the court on the
basis of the a compromise agreement entered
between the parties to the action (Diamond
Builders Conglomeration vs. Country
Bankers Corp., 540 SCRA 194).
 Once approved by the court, a judicial compromise
is not appealable and it thereby becomes
immediately executory (Domingo vs. CA, 255
SCRA 189).
 What is the doctrine of the law of the case?
 What ever is once irrevocably established as
controlling legal rule or decision between the same
parties in the case continues to be the law of the case,
whether correct on general principles or not, so long
as the fact on which such decision was predicated
continue to be the facts before the court (RCPI vs.
CA, 488 SCRA 306; Mercury Group of
Companies vs. HDMF, 541 SCRA 211; Yap vs.
Siao, GR No. 212493, June 1, 2016).
 What is the doctrine of immutability of
judgment?
 Under the doctrine of immutability of judgments, a judgment
that has attained finality can no longer be disturbed. Thus,
issues actually and directly resolved in the former suit cannot
again be raised in any future case between the same parties
(Pinero vs. NLRC, 427 SCRA 112, 117; Borlongan vs.
Buenaventura, 483 SCRA 405).
 The doctrine prohibits any alteration, modification, or
correction of final and executory judgments as what remains
to be done is the purely ministerial enforcement or execution
of the judgment (Tabalno vs. Dingal, Sr., GR No. 191526,
October 5, 2015).
Please take NOTE:

As a general rule, therefore, final

and executory judgments are
immutable and unalterable except
under the three exceptions:

nunc pro tunc entries

which cause no
clerical errors; void judgments.
prejudice to any
party;
 What is judgment nunc pro tunc?
 The office of a judgment nunc pro tunc is to record some
act of the court done at a former time which was not
then carried into the record, and the power of a court to
make such entries is restricted to placing upon the
record evidence of judicial action which has been actually
taken. It may be used to make the record speak the truth,
but not to make it speak what it did not speak but ought
to have spoken (Briones-Vasquez vs. CA, 450 SCRA
482, 491-492).
 Final Order vs. Interlocutory Order
 The first disposes of the subject matter in its entirety or terminates a
particular proceeding or action, leaving nothing more to be done except to
enforce by execution what the court has determined, but the latter does
not completely dispose of the case but leaves something else to be decided
upon.
 An interlocutory order deals with preliminary matters and the trial on the
merits is yet to be held and the judgment rendered. The test to ascertain
whether or not an order or a judgment is interlocutory or final is:
does the order or judgment leave something to be done in the
trial court with respect to the merits of the case? If it does, the
order or judgment is interlocutory; otherwise, it is final.‘ (Spouses
Teves vs. Integrated Credit & Corporate Services, GR No. 216714,
April 4, 2018)
 Remedy in Interlocutory Order
 The proper remedy to question an
improvident interlocutory order is a petition
for certiorari under Rule 65, not rule 45.
 A petition for review under Rule 45 is the
proper mode of redress to question only final
judgments (Silverio, Jr., vs. Filipino
Business Consultants, 466 SCRA 584,
594).
 Rule 34
Judgment on the Pleadings
 SECTION 1. Judgment on the Pleadings. — Where
an answer 1) fails to tender an issue, or
otherwise 2) admits the material allegations of
the adverse party's pleading, the court may, on
motion of that party, direct judgment on such
pleading. However, in actions for declaration of
nullity or annulment of marriage or for legal
separation, the material facts alleged in the
complaint shall always be proved.
When do we say that an answer
fails to tender an issue?

 Answer: If it does not comply with the

requirements of specific denial under
Sections 8 and 10 of Rule 8.
 Section 8, Rule 8
 SECTION 8. How to Contest Such Documents. — When an
action or defense is founded upon a written instrument, copied in
or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and sets forth
what he claims to be the facts; but the requirement of an
oath does not apply when the adverse party does not appear to
be a party to the instrument or when compliance with an order
for an inspection of the original instrument is refused.
 Section 10, Rule 8
 SECTION 10. Specific Denial. — A defendant must specify
each material allegation of fact the truth of which he does not
admit and, whenever practicable, shall set forth the substance
of the matters upon which he relies to support his denial.
Where a defendant desires to deny only a part of an averment,
he shall specify so much of it as is true and material and shall
deny only the remainder. Where a defendant is without
knowledge or information sufficient to form a belief as to the
truth of a material averment made in the complaint, he shall so
state, and this shall have the effect of a denial.
 Manner of denying an allegation

By specifically denying the allegation and setting forth the

substance upon which one relies his denial.

By specifically denying some part of the allegation and denying

the rest.

By specifically denying the allegation for lack of knowledge

sufficient to form a belief as to the truth or falsity of the
allegation.
 Effect of Defective Denial
 SECTION 11. Allegations Not Specifically
Denied Deemed Admitted.

 Materialaverment in the complaint, other than

those as to the amount of unliquidated damages,
shall be deemed admitted when not specifically
denied. Allegations of usury in a complaint to
recover usurious interest are deemed admitted if
not denied under oath.
 Problem
 A is indebted to B in the amount of Php500,000.00 covered by a
Promissory Note (PN). The PN is due and demandable on March 1,
2017. On March 1, 2017, A failed to pay his obligation. B sent a
Demand Letter to A. Despite receipt of the same, A did not pay. B
filed a complaint for sum of money against A. B attached to his
complaint, the Promissory Note executed by A, the demand letter,
and a letter from A purportedly acknowledging his indebtedness to
B. A filed an answer denying the material allegation in B’s Complaint
in a general manner.
 If you are B’s counsel, what will you do to protect the
interest of your client, B?
 Answer
I will file a motion for judgment on the pleadings. By
not specifically denying the material allegation in the
complaint, A impliedly admitted the allegation in the
Complaint.
 Material averment in the complaint, other than those
as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied (Sec.
11, Rule 8).
 Comglasco Corp. vs. Santos Car Check
Center, GR No. 202989, March 25, 2015
 Petitioner entered into 5 year lease contract with
respondent. Petitioner, after one year, pre-terminated the
contract. Respondent filed answer interposes the defense of
1) rebus sic stantibus under Article 1267 of the civil code
invoking the Asian Financial crisis; 2) legal impossibility of
performance under Article 1266.
 Because of these defenses, the respondent filed a motion for
judgment on the pleadings.
 Should the motion be granted?
 Comglasco Corp. vs. Santos Car Check
Center, GR No. 202989, March 25, 2015
 As there was no issue of fact, the Court
should grant the motion. By interposing such
defenses, the defendant admitted the material
allegation in the complaint. Hence, judgment
on the pleading may be availed.
 Rule 35
Summary Judgment

When may
a motion • It may be availed of when a
responsive pleading has been
for filed, however, the same did not
summary establish a genuine issue.
judgment • What triggers a summary
judgment is the absence of
be availed genuine issue of fact.
of?
 Issues are joined
 Issues are joined because the responsive
pleading is filed. However, the allegations in
the responsive pleading do not establish a
real and genuine factual issue, because, for
one, the issue tendered is sham,
fictitious, and patently unsubstantial.
 Problem
 A is indebted to B in the amount of Php500,000.00 covered by a
Promissory Note (PN). The PN is due and demandable on March
1, 2017. On March 1, 2017, A failed to pay his obligation. B sent a
Demand Letter to A. Despite receipt of the same, A did not pay.
B filed a complaint for sum of money against A. In B attached to
his complaint, the Promissory Note executed by A, and the
demand letter. A denied the allegations in B’s Complaint. A
further alleged in his answer that B already condoned his debt.
However, said allegation is totally false.
 What procedural action will you advice B to take to
expedite the resolution of the case?
 Answer
I will file a motion for summary judgment because
there is no genuine issue.
 “A "genuine issue" is an issue of fact which requires
the presentation of evidence as distinguished from a
sham, fictitious, contrived or false claim. When the
facts as pleaded appear uncontested or undisputed,
then there is no real or genuine issue or question as
to the facts, and summary judgment is called for
(Yap vs. Siao, GR No. 212493, June 1, 2016).
Please take NOTE:
 The party who moves for summary judgment has
the burden of demonstrating clearly the absence of
any genuine issue of fact, or that the issue posed in
the complaint is patently unsubstantial so as not to
constitute a genuine issue for trial. Trial courts have
limited authority to render summary judgments and may do
so only when there is clearly no genuine issue as to any
material fact. When the facts as pleaded by the parties are
disputed or contested, proceedings for summary judgment
cannot take the place of trial.
 Who may file a motion for summary
judgment?
 SECTION 1. Summary Judgment for Claimant. — A party
seeking to recover upon a claim, counterclaim, or cross-claim
or to obtain a declaratory relief may, at any time after the
pleading in answer thereto has been served, move with
supporting affidavits, depositions or admissions for a summary
judgment in his favor upon all or any part thereof.
 SECTION 2. Summary Judgment for Defending Party. —
A party against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory relief is sought may, at any time, move
with supporting affidavits depositions or admissions for a
summary judgment in his favor as to all or any part thereof.
 Judgment on the Pleadings vs. Summary
Judgment

 There is absence of  Answers tenders an

factual issue because issue, but the issue is not
the answer tenders no genuine.
issue.  The motion may be filed
 Only the claiming party by the claiming party or
can file the motion. defending party.
 It is based on pleadings,
 It is based on pleadings
alone. affidavits, depositions
and admissions.
 Only three (3) day notice
 Ten (10) day notice is
is required.
required.
POST JUDGMENT REMEDIES
 Post Judgment Remedies
Before the Motion for new trial
Judgment
becomes Motion for reconsideration
final
Appeal

After the Petition for relief from judgment

judgment Annulment of judgment
became
final Certiorari
Collateral attack
 Rule 37
New Trial
 GROUNDS

 Fraud, accident, mistake or excusable negligence which

ordinary prudence could not have guarded against and by
reason of which such aggrieved party has probably been
impaired in his rights; or
 Newly discovered evidence, which he could not, with
reasonable diligence, have discovered, and produced at the
trial, and which if presented would probably alter the result.
 When to file?
 It is filed within a period for taking an appeal (Sec. 1,
Rule 37).
 Where appeal is by notice of appeal, within 15 days
from notice of judgment or final order (Sec. 2, Rule
40; Sec. 3, Rule 41).
 Where record on appeal is required, within 30 days
from notice of judgment or order (Sec. 2, Rule 40;
Sec. 3, Rule 41).
 Fraud
 The fraud referred to in Section 1, Rule 37 is
extrinsic fraud, that is, deception or trickery by
which the aggrieved party was prevented from
having his day in court or presenting his case before
the court. It should be distinguished from intrinsic
fraud which involves the presentation of false or
perjured testimony but did not otherwise prevent
the aggrieved party from presenting his case.
 Example of Extrinsic Fraud
 When a party connived with the court personnel
so that notices of trial dates were sent to the old
address of the aggrieved party’s counsel although
a notice of change of addressed was filed already.
 The aggrieved party’s lawyer betrays him and sells
out his case to the other side.
 The judge is bribed by the adverse party to
render a decision in his favour.
 Accident
Accident is similar to the concept of
fortuitous event in civil law. It is
something which ordinary prudence
on the part of party or counsel
could not have guarded.
 Mistake
 Ifa party, because of a pending compromise
agreement believed in good faith that it was
not necessary for him to answer, appear at
the trial and put up a defense, there is a
mistake which would constitute a sufficient
ground for new trial (Salazar vs. Salazar, 8
Phil. 853).
Please take NOTE:
 An error or mistake committed by a counsel in
the course of judicial proceedings is not a ground
for new trial.
 It has been repeatedly enunciated that "a client is bound
by the action of his counsel in the conduct of a case and
cannot be heard to complain that the result might have
been different if he proceeded differently. A client is
bound by the mistakes of his lawyer (Briones vs.
People, GR No. 156000, June 5, 2009).
NOTE the exception:
 An exception to the principle that a client is
bound by the mistakes of his counsel is one
wherein the negligence of the latter is so
gross that the former was deprived of his day
in court, as a result of which he is deprived of
property without due process of law (Amil
vs. CA, GR No. 125271, October 7, 1999)
Newly discovered evidence, Requisites:
 Evidence must be discovered after trial.
 Such evidence could not have been produced
during trial even with exercise of reasonable
diligence
 Evidence is material not merely cumulative,
corroborative or impeaching
 The evidence would have change the result of the
case [Ybiernas vs. Tanco-Gobaldon, June 1,
2011].
 Formalities of Motion for New Trial

 A motion for the cause mentioned in paragraph (a) [FAME]

of the preceding section shall be supported by affidavits of
merits which may be rebutted by affidavits.

 A motion for the cause mentioned in paragraph (b)

[NEWLY DISCOVERED EVIDENCE] shall be
supported by affidavits of the witnesses by whom such
evidence is expected to be given, or by duly authenticated
documents which are proposed to be introduced in
evidence.
Effect of filing on period to appeal

The filing of the

Motion for New
Trial interrupts the
period to appeal.
 What is the remedy if the motion is
denied?

 SECTION 9. Remedy Against Order

Denying a Motion for New Trial or
Reconsideration. — An order denying a
motion for new trial or reconsideration is
not appealable, the remedy being an appeal
from the judgment or final order.
 “Fresh Period” or “Neypes Rule”
 If the motion is denied, the movant has a “fresh period” of fifteen
(15) days from receipt of the notice of the order denying or
dismissing the motion for reconsideration within which to file the
notice of appeal.

 The “fresh period” rule applies not only in Rule 41 (RTC-CA), but
also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-CA), Rule 43
(Petrev, QJA-CA), and Rule 45 (RTC, CA-SC).
 This was adopted to standardize the appeal period.

 Neypes vs. Court of Appeals, 469 SCRA 633

 May motion for new trial be filed in the
CA?
 YES.

 SECTION 1. Period for Filing; Ground. — At any time

after the appeal from the lower court has been perfected
and before the Court of Appeals loses jurisdiction over the
case, a party may file a motion for a new trial on the ground of
newly discovered evidence which could not have been
discovered prior to the trial in the court below by the exercise of
due diligence and which is of such a character as would probably
change the result. The motion shall be accompanied by affidavits
showing the facts constituting the grounds therefor and the newly
discovered evidence (Rule 53).
 Motion for Reconsideration
 Within the same period, the aggrieved party
may also move for reconsideration upon the
grounds that the damages awarded are
excessive, that the evidence is insufficient to
justify the decision or final order, or that the
decision or final order is contrary to law
(Sec. 1, Rule 37).
 When to file?
 It is filed within a period for taking an appeal (Sec. 1,
Rule 37).
 Where appeal is by notice of appeal, within 15 days
from notice of judgment or final order (Sec. 2, Rule
40; Sec. 3, Rule 41).
 Where record on appeal is required, within 30 days
from notice of judgment or order (Sec. 2, Rule 40;
Sec. 3, Rule 41).
Effect of filing on period to appeal

The filing of the

Motion for New
Reconsideration
interrupts the
period to appeal.
Grounds for MR
Damages awarded
are excessive

Evidence is
insufficient to
justify the decision
Decision or final
order is contrary
to law
 Contents of MR
A motion for reconsideration shall point out
specifically the findings or conclusions of the
judgment or final order which are not
supported by the evidence or which are
contrary to law, making express reference to
the testimonial or documentary evidence or to
the provisions of law alleged to be contrary to
such findings or conclusions (Sec. 2, Rule 37).
Effect of failure to conform to formalities

Section •A pro forma motion

for new trial shall not
2, Rule toll the reglementary
37 period of appeal.
 What is the remedy if the motion is
denied?

 SECTION 9. Remedy Against Order

Denying a Motion for New Trial or
Reconsideration. — An order denying a
motion for new trial or reconsideration is
not appealable, the remedy being an appeal
from the judgment or final order.
 “Fresh Period” or “Neypes Rule”
 If the motion is denied, the movant has a “fresh period” of fifteen
(15) days from receipt of the notice of the order denying or
dismissing the motion for reconsideration within which to file the
notice of appeal.

 The “fresh period” rule applies not only in Rule 41 (RTC-CA), but
also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-CA), Rule 43
(Petrev, QJA-CA), and Rule 45 (RTC, CA-SC).
 This was adopted to standardize the appeal period.

 Neypes vs. Court of Appeals, 469 SCRA 633

 Where new trial/MR is not allowed
Cases covered by Rules on Summary
Procedure

Case covered by the Rules on Small Claims

In environmental cases, except in highly

meritorious cases or to prevent miscarriage of
justice
 Appeal

What may •Judgment

be
appealed? •Final order

•Final
Order
•Interlocutory
 Judgments or Order
Rule 41, Sec. 1
not Appealable
 (a) An order denying a motion for new trial or reconsideration;
 (b) An order denying a petition for relief or any similar motion seeking relief
from judgment;
 (c) An interlocutory order;
 (d) An order disallowing or dismissing an appeal;
 (e) An order denying a motion to set aside a judgment by consent, confession
or compromise on the ground of fraud, mistake or duress, or any other
ground vitiating consent;
 (f) An order of execution;
 (g) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while
the main case is pending, unless the court allows an appeal therefrom; and
 (h) An order dismissing an action without prejudice.
Please take NOTE:
 As of December 27, 2007, an aggrieved party
may no longer assail an order denying a motion
for new trial or motion for reconsideration by
way of Rule 65, as per A.M. No. 07-7-12-SC,
such ground having been removed from the
enumeration in Sec. 1 of Rule 41. The proper
remedy is to appeal from the judgment pursuant
to Sec. 9, Rule 37.
 Judgments or Orders not appealable:

 REMEDY:
 Section 1, Rule 41
 In all the above instances where the
judgment or final order is not appealable,
the aggrieved party may file an appropriate
special civil action under Rule 65.
 Rule Rule Rule Rule
40 41 & 43 45
42
MTC,
MCTC, RTC-SC;
RTC to QJA-CA
MTCC, CA CA to SC
METC to
RTC

Petition for Pure question

Ordinary Ordinary
Review of law
appeal appeal

In the exercise
of its appellate
jurisdiction
 Rule 40
Appeal from MTC to RTC
Where to appeal
• An appeal from a judgment or final order of a Municipal Trial Court
may be taken to the Regional Trial Court exercising jurisdiction
over the area to which the former pertains. (Section 1)

When to appeal
• An appeal may be taken within fifteen (15) days after notice to the
appellant of the judgment or final order appealed from. Where a
record on appeal is required, the appellant shall file a notice of
appeal and a record on appeal within thirty (30) days after notice
of the judgment or final order. (Section 2).
 How to appeal
 The appeal is taken by filing a notice of appeal with the
court that rendered the judgment or final order appealed
from. The notice of appeal shall indicate the parties to the
appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing the
timeliness of the appeal.
 A record on appeal shall be required only in special
proceedings and in other cases of multiple or separate
appeals (Sec. 3, Rule 40).
 How to perfect an appeal

 SECTION 4. Perfection of
Appeal; Effect Thereof. — The
perfection of the appeal and the effect
thereof shall be governed by the
provisions of Section 9, Rule 41.
 Section 9, Rule 41
A party's appeal by notice of appeal is
deemed perfected as to him upon the filing of
the notice of appeal in due time.
 A party's appeal by record on appeal is
deemed perfected as to him with respect to
the subject matter thereof upon the approval
of the record on appeal filed in due time.
 Effect of perfection of an appeal
 In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals filed in
due time and the expiration of the time to appeal of the
other parties.
 In appeals by 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 expiration of the time to appeal of the other
parties (Sec. 9, Rule 41).
 Court’s Residual Jurisdiction
 Priorto the transmittal of the original record or the
record on appeal, the court may issue orders for the
protection and preservation of the rights of the
parties which do not involve any matter litigated by
the appeal, approve compromises, permit appeals of
indigent litigants, order execution pending appeal in
accordance with Section 2 of Rule 39, and allow
withdrawal of the appeal (Sec. 9, Rule 41).
 Procedure in RTC in appeal from MTC

Within 15 days from

receipt, appellant shall file
Notify the parties upon appellant’s memorandum.
receipt of the complete Appellee from receipt Submitted for decision.
records from MTC thereof shall file within
15 days, Appellee’s
memorandum.
 Appeal from Orders Dismissing Case
Without Trial; Lack of Jurisdiction
 If an appeal is taken from an order of the lower court
dismissing the case without a trial on the merits, the
Regional Trial Court may affirm or reverse it, as the case may
be.
 In case of affirmance and the ground of dismissal is lack of
jurisdiction over the subject matter, the Regional Trial Court,
if it has jurisdiction thereover, shall try the case on the
merits as if the case was originally filed with it. In case
of reversal, the case shall be remanded for further
proceedings (Sec. 8, Rule 40).
 Appeal from Orders Dismissing Case
Without Trial; Lack of Jurisdiction
 If the case was tried on the merits by the lower court
without jurisdiction over the subject matter, the
Regional Trial Court on appeal shall not dismiss
the case if it has original jurisdiction thereof, but
shall decide the case in accordance with the preceding
section, without prejudice to the admission of amended
pleadings and additional evidence in the interest of justice.
(Sec. 8, Rule 40).
 Rule 41
Appeal from RTC
Modes of appeal
(Sec. 2)

Ordinary
Rule 41
appeal

Petition for
Rule 42
review

Appeal by
Rule 45
certiorari
 Modes of Appeal
 Ordinary Appeal.

 The appeal to the Court of Appeals in cases decided by

the Regional Trial Court in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with
the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the
adverse party. No record on appeal shall be required
except in special proceedings and other cases of multiple
or separate appeals where the law or these Rules so
require. In such cases, the record on appeal shall be filed
and served in like manner (Sec. 2(a), Rule 41).
 Modes of Appeal
 Petition for Review.
 The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be
by petition for review in accordance with
Rule 42.(Sec. 2(b), Rule 41).
 Modes of Appeal
 Appeal by certiorari
 Inall cases where only questions of law are
raised or involved, the appeal shall be to the
Supreme Court by petition for review on
certiorari in accordance with Rule 45..(Sec.
2(b), Rule 41).
 Problem
 Carlito filed an unlawful detainer case against Matilde with
the Municipal Trial Court. After due proceedings, the MTC
rendered a decision in favor of Matilde. Carlito appealed
the decision to the RTC by notice of appeal. The RTC
rendered a decision in favor of Carlito.

 Matilde wants to appeal the decision of the RTC.

Where will he file his appeal? And under what
mode?
 Answer
 The appeal to the Court of Appeals in
cases decided by the Regional Trial
Court in the exercise of its appellate
jurisdiction shall be by petition for
review in accordance with Rule 42.(Sec.
2(b), Rule 41).
 When to appeal
 The appeal shall be taken within fifteen (15)
days from notice of the judgment or final
order appealed from.
 Where a record on appeal is required, the
appellant shall file a notice of appeal and a
record on appeal within thirty (30) days
from notice of the judgment or final order
(Sec. 3, Rule 41).
 Payment of appeal fee

 Withinthe period for taking an appeal,

the appellant shall pay to the clerk of the
court which rendered the judgment or
final order appealed from, the full
amount of the appellate court docket
and other lawful fees. (Section 4, Rule
41)
 Is payment of appeal fee within the period for appeal
mandatory?
 The Court has consistently upheld the dismissal of an appeal or notice of
appeal for failure to pay the full docket fees within the period for taking the
appeal. Time and again, this Court has consistently held that the payment of
docket fees within the prescribed period is mandatory for the perfection of
the appeal. Without such payment, the appellate court does not acquire
jurisdiction over the subject matter of the court does not acquire
jurisdiction over the subject matter of the action and the decision sought
to be appealed from becomes final and executory.
 Fil-Estate Properties vs. Homena-Valencia October 15. 2007, citing
Manalili v. De Leon, 422 Phil. 214, 220 (2001); St. Louis University v. Cordero, G.R.
No. 144118, 21 July 2004, 434 SCRA 575, 583.
 When is appeal perfected?
 A party's appeal by notice of appeal is deemed perfected as to him upon
the filing of the notice of appeal in due time.
 A party's appeal by record on appeal is deemed perfected as to him with
respect to the subject matter thereof upon the approval of the record
on appeal filed in due time.
 In appeals by notice of appeal, the court loses jurisdiction over the
case upon the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties.
 In appeals by 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 expiration of the time to appeal of the other parties.
 Section 9, Rule 41.
 Problem
 Marina filed a case against Marino before the RTC. The RTC decided
in favor of Marina. Marino received the copy the decision on July 2.
While Marina received the copy of the decision on August 2. On July
10, Marino filed a notice of appeal and paid the corresponding
appeal fee before the RTC.
 Does the RTC lose jurisdiction on July 10, the date when
Marino filed his notice of appeal?
 If not, when will the Court lose its jurisdiction?
 If the RTC jurisdiction is already lost, can it still entertain
any motion from the parties?
 Concept of Residual Jurisdiction
 The court may issue orders for the protection and
preservation of the rights of the parties which do not
involve any matter litigated by the appeal, 1. approve
compromises, 2. permit appeals of indigent
litigants, 3. order execution pending appeal in
accordance with Section 2 of Rule 39, and 4. allow
withdrawal of the appeal.
 This prior to the transmittal of the records.
 Section 9, Rule 41.
 Rule 42
Petition for Review from RTC

How appeal
Period to file
taken
Section 1
By filing a verified
petition for review with The petition shall be
CA and payment of filed and served within
corresponding fee, fifteen (15) days from
copy furnished the RTC notice of the decision.
and the adverse party.
 Problem
 Marina filed a Petition for Certiorari before RTC to assail
the Order of the MTC quashing the Information. The
RTC dismissed the Petition. Marina received the decision
on July 2. On July 10, Marina filed a Petition for Review
before the CA with payment of the corresponding
docket fee therein.
 Is the mode of appeal availed by Marina proper?
 Assuming that it is improper, may the Petition for
Review be treated as a notice of appeal?
 Answer 1
 No.The proper remedy should be appeal.
 It is fundamental that a petition for certiorari is an
original action and, as such, it cannot be gainsaid that
the RTC took cognizance of and resolved the aforesaid
petition in the exercise of its original jurisdiction.
Hence, based on the above-cited rule, Marina should
have filed a notice of appeal with the RTC instead of a
petition for review with the CA (Yalong vs. People,
GR 187174,August 28, 2013).
 Answer 2
 It cannot be treated as notice of appeal.
 For one, a notice of appeal is filed with the regional trial
court that rendered the assailed decision, judgment or final
order, while a petition for review is filed with the CA. Also,
a notice of appeal is required when the RTC issues a
decision, judgment or final order in the exercise of its
original jurisdiction, while a petition for review is required
when such issuance was in the exercise of its appellate
jurisdiction.(Yalong vs. People, GR 187174, August 28,
2013).
When is appeal perfected under Rule 42?

 Upon the timely filing of a petition for

review and the payment of the
corresponding docket and other lawful
fees, the appeal is deemed perfected as
to the petitioner (Sec. 8, Rule 42).
 When will the court lose jurisdiction in
Rule 42?

 The Regional Trial Court loses

jurisdiction over the case upon the
perfection of the appeals filed in due
time and the expiration of the time to
appeal of the other parties (Sec. 8,
Rule 42).
 Residual Jurisdiction applies
 The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties.
 However, before the Court of Appeals gives due course to
the petition, the Regional Trial Court may issue orders for
the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal,
approve compromises, permit appeals of indigent
litigants, order execution pending appeal in accordance
with Section 2 of Rule 39, and allow withdrawal of the
appeal. (Section 8, Rule 42).
 Will the filing of Petition stay the
judgment or order appealed from?

 Yes.

 Exceptin civil cases decided under the Rule on

Summary Procedure, the appeal shall not stay the
judgment or final order unless the Court of
Appeals, the law, or these Rules shall provide
otherwise (Sec. 8(b), Rule 42).
 Rule 45
Appeal by Certiorari

Where • May file with the Supreme Court a verified

petition for review on certiorari. The
petition shall raise only questions of law
to file? which must be distinctly set forth. (Sec. 1)

When • The petition shall be filed within fifteen

(15) days from notice. Subject to
extension of 30 days upon payment of
to file? corresponding docket fee. (Sec. 2)
 Questions of law vs. Questions
of fact

There is
There is question of fact
question of law when doubt
when there is arises as to the
doubt as to what
law is on certain truth or falsity of
state of facts. the alleged
facts.
 Factual-issue-bar Rule
 Petition for review under Rule 45 is discretionary. It
may only be availed if the appeal is on pure
question of law. Thus, question of fact is not allowed
to be raised because the Supreme Court is not a
trier of facts. Consequently, calibration of evidence,
as a rule may not be entertained by the Supreme
Court.
 (Roman Catholic Archbishop of Manila vs.
Sta.Teresa, November 18, 2013)
 Instances when SC may pass upon questions of fact

 The conclusions of CA is grounded entirely

on speculations, surmises and conjectures
 The inference is manifestly mistaken
 There is grave abuse of discretion
 Judgment is based on misapprehension of
facts
 Findings of facts are conflicting
 Instances when SC may pass upon questions
of fact
 The CA went beyond the issues of the case or its
judgment is contrary to the admission of the
parties
 The findings of CA is contrary to lower court
 Finding of fact are conclusion without basis inn
evidence
 Findings of fact of CA are premised on the
supposed absence of evidence and contradicted by
evidence on record.
 Rule 43
Appeal from QJA
• Quasi Judicial Agencies’ decision in the
Scope exercise of its quasi-judicial function (Sec. 1)

• 15 days from notice of decision or order

Period appealed from. (Sec. 1)

Where to appeal • Court of Appeals. (Sec. 3)

How appeal taken • By filing a verified petition for review. (Sec. 5)

• Will not stay the execution of decision unless

Effect of filing restrained. (Sec. 12)
Remedies after Judgment became final and
executory

Petition for relief from judgment

(Rule 38)

Annulment of Judgment (Rule 47)

Certiorari (Rule 65)

 Rule 38
Petition for Relief from Judgment
• Judgment
• Final order
Subject • Other proceedings (Sec.1)
• Order denying the appeal (Sec.2)

• Fraud, Accident, Mistake, Excusable

Grounds Negligence (FAME) (Sec. 1 &2)

• Court which rendered the judgment, final

Where to file order, order denying appeal or court which
conducted the proceedings (Sec. 1)
 Period to File
 Section 3, Rule 38
A petition provided for in either of the preceding sections of this Rule
must be verified, filed within sixty (60) days after the petitioner learns
of the judgment, final order, or other proceeding to be set aside, and
not more than six (6) months after such judgment or final order was
entered, or such proceeding was taken.
Two periods
 1) Within 60 days after the petitioner learns the judgment, etc.
 2) Within 6 months after entry.
 Problem
 Marina learns the judgment by default on September 1. The
Judgment was entered on January 2. The Petition was filed on
October 1.
 Is it filed within the period?
 Marina learns the judgment by default on September 1. The
Judgment was entered on May 2. The Petition was filed on October
1.
 Is it filed within the period?
 Marina learns the judgment by default on September 1. The
Judgment was entered on July 2. The Petition was filed on
December 1.
 Is it filed within the period?
 Is petition for relief available
in the SC or CA?
 No.
 Purcon
vs. MRM Philippines, Inc., 566
SCRA 645
 Rule 47
Annulment of Judgments

 Coverage (Sec. 1)
 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 which the ordinary remedies of new
trial, appeal, petition for relief or other
appropriate remedies are no longer available
through no fault of the petitioner.
 Grounds
 Section 2, Rule 47

 Extrinsicfraud & Lack of jurisdiction

 N.B. Extrinsic fraud shall not be a valid ground if it
was availed of, or could have been availed of, in a
motion for new trial or petition for relief.
 Republic vs “G” Holdings, Inc., 475 SCRA 608
 Extrinsic fraud
 Fraud is regarded as extrinsic where it prevents a party
from having a trial or from presenting his entire case to
the court or where it operates upon matters pertaining
not to the judgment itself but the manner in which it is
procured. The overriding consideration when extrinsic
fraud is alleged is that the fraudulent scheme of the
prevailing party litigant prevented a party from having his
day in court.
 Alaban vs. CA, 470 SCRA 697
 Period to File

 If based on extrinsic fraud, the

action must be filed within four (4)
years from its discovery; and if
based on lack of jurisdiction, before
it is barred by laches or estoppel
(Sec. 3, Rule 47).
 Does RTC have jurisdiction to entertain
petition for annulment of judgment of MTC?
 An action to annul a judgment or final order
of a Municipal Trial Court shall be filed in the
Regional Trial Court having jurisdiction over
the former. It shall be treated as an ordinary
civil action and Sections 2, 3, 4, 7, 8 and 9 of
this Rule shall be applicable thereto (Sec.
10, Rule 47).
 Rule 65
Certiorari, Prohibition, Mandamus
 Certiorari
 It is also called “prerogative writ” because it is not
demandable as a matter of right.
 Its purpose is the correction of errors of jurisdiction which
includes commission of grave abuse of discretion
amounting to lack or excess of jurisdiction.
 It is an original and independent action and not a mode of
appeal.
 Certiorari cannot be a substitute for appeal or lost appeal.
Certiorari cannot substitute for a lost appeal:
EXCEPTIONS

 When public welfare and the advancement

of public policy dictates.
 When broader interest of justice so require.
 When writs issued are null and void.
 When the questioned order amounts to an
oppressive exercise of judicial authority.
 Rule 45 vs. Rule 65
 Certiorari under Rule 45 is a mode of appeal while
certiorari under Rule 65 is a special civil action.
 Certiorari under Rule 45 is just a continuation of the
appellate process of the original case, but under Rule 65, it is
an original action.
 Certiorari under Rule 45 seeks to review the judgment
while certiorari under Rule 65 seeks to annul the
proceedings or judgment.
 Certiorari under Rule 45 raises questions of law while under
Rule 65, it raises question of jurisdiction.
 Rule 45 vs. Rule 65
 Certiorari under Rule 45 is to be filed within 15 days from
receipt of judgment or final order while the period to file
certiorari under Rule 65 is either 30 or 60 days
 Certiorari under Rule 45 does not require filing of MR, while
in certiorari under Rule 65, the filing of MR is required.
 The parties in certiorari under Rule 45 are the same parties
to the action while the parties in Rule 65 are the tribunal,
board or officer exercising quasi-judicial function.
 Certiorari under Rule 45 may only be filed before SC, while
certiorari under Rule 65 may be filed with the RTC.
 Essential requisites for a petition for
certiorari
 1. The petition is directed against a tribunal, board, or
officer exercising judicial or quasi-judicial functions.
 2. Such tribunal, board, or officer has acted without or in
excess of jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction.
 3. There is neither appeal nor plain, speedy or adequate
remedy in the ordinary course of law for the purpose
annulling or modifying the proceeding.
 First Requisite
The respondent must be exercising judicial or
quasi-judicial function.

 What is judicial function? – It is the power

to determine what the law is and what the
legal rights of the parties are, and then
undertakes to determine these questions and
adjudicate the rights of the parties (Aquino
vs. Municipality of Malay, September 29,
2014).
 What is quasi-judicial function?
 Itis the power of an administrative agency
to investigate facts or ascertain the
existence of facts, hold hearings, and draw
conclusions from them as a basis for its
official action and to exercise discretion of a
judicial nature (Aquino vs. Municipality
of Malay, September 29, 2014).
 Illustration
 A petition for certiorari challenging the validity of the Human
Security Act of 2007 filed against the Anti-Terrorism Council and its
members was dismissed as said council is not exercising judicial or
quasi-judicial function (Southern Hemisphere Engagement
Network vs.Anti Terrorism Council, 632 SCRA 146, 166).
 Petition for certiorari will not lie against the RTWPB for the wage
order that it issued because what was exercised is quasi-legislative
function (MBTC vs. NWPC, 514 SCRA 346, 357-358).
 Petition for certiorari will not lie to question the EO issued by the
President for the reason that the same was issued in the exercise of
the president’s quasi-legislative power (Galicto vs. Aquino, 667
SCRA 150, 165).
 Expanded scope of Certiorari
 “Petition for certiorari and prohibition are
appropriate remedies to raise constitutional
issues and to review and/or prohibit or
nullify the acts of legislative and executive
officials” (Araullo vs. Aquino, III, July 1,
2014).
 The basis of this pronouncement is the
second paragraph of Section 1, Article VIII of
 Second Requisite
Lack, excess, grave abuse
 Without jurisdiction denotes the tribunal, board or
officer acted with absolute lack of authority.
 Excess of jurisdiction – when the public respondent
exceeds its power or acts without statutory authority.
 Grave abuse of discretion – connotes such capricious
and whimsical exercise of judgment as to be equivalent
to lack or excess of jurisdiction or the power is
exercised in an arbitrary or despotic manner by reason
of passion, prejudice or personal hostility.
 Third Requisite
No appeal and other speedy remedy

 Certiorari is not available where the

aggrieved party’s remedy of appeal is plain,
speedy and adequate remedy in the ordinary
course of law.
 Certiorari cannot be a substitute for appeal
much less lost appeal.
Certiorari cannot be substitute for lost appeal:
EXCEPTIONS
 When public welfare and the advancement of
public policy dictates.
 When broader interest of justice so require.
 When writs issued are null and void.
 When the questioned order amounts to an
oppressive exercise of judicial authority.
Rule: Necessity of MR, Exceptions:
 The order is patent nullity.
 The issue has been duly raised and passed by the lower
court.
 There is an urgent necessity for the resolution of the
question.
 The subject matter of the action is perishable.
 Petitioner is deprived of due process.
 MR would be useless under the circumstances.
 Relief from arrest is urgent.
 The proceedings is a total nullity.
 The issue is one purely of law.
 What are the formal requirements for filing
the petition?
 Filing of a verified petition.
 The petition shall be accompanied by a certified true
copy of the judgment, order or resolution subject
thereof.
 Copies of all pleadings and documents relevant and
pertinent thereto.
 Sworn certification of non-forum shopping as provided
in the paragraph of Section 3, Rule 46 (Sec. 1, Rule
65).
What is the effect if the formal requirements are
not complied with?
A petition is procedurally flawed if Sec. 1 of Rule
65 is not complied with because there are
documents important for the court’s appraisal,
evaluation and judicious disposition of the case.
Non-observance of the rule is a sufficient cause
for dismissal of the petition and cannot be merely
brushed a mere technicality (Lim vs. Vianzon,
497 SCRA 482, 492-493).
 What is the period to file the petition?
 The petition may be filed not later than sixty (60) days from notice
of the judgment, order or resolution sought to be assailed in the
Supreme Court or, if it relates to the acts or omissions of a
lower court or of a corporation, board, officer or person, in the
Regional Trial Court exercising jurisdiction over the territorial
area as defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid of its
jurisdiction. If it involves the acts or omissions of a quasi-judicial
agency, and unless otherwise provided by law or these Rules, the
petition shall be filed in and cognizable only by the Court of
Appeals. (Sec. 4, Rule 65)
 May the period be extended?
 Yes, when:
 Most persuasive and weighty reasons.
 To relieve a litigant from injustice
 Good faith of the defaulting party
 Compelling circumstances
 Merits of the case
 Cause not entirely attributable to the defaulting party
 No showing that it is frivolous
 In the name of substantial justice and fair play
 Importance of issues involved (Labao vs. Flores, 634
SCRA 723)
 Does the filing of petition stay the
proceedings?
 NO.
 The petition shall not interrupt the course of
the principal case unless a temporary
restraining order or a writ of preliminary
injunction has been issued against the public
respondent from further proceeding in the
case (Sec. 7, Rule 65).
 Collateral Attack on Judgment
A collateral attack is made when, in another
action to obtain a different relief, an attack on
the judgment is made as an incident in said
action. This is proper only when the judgment,
on its face, is null and void, as where it is
patent that the court, which rendered said
judgment, has no jurisdiction (Co vs. CA, 196
SCRA 705).
 Other Appeals/Reviews
 Review of decision of NLRC – Rule 65 (St. Martin Funeral
Homes vs. NLRC)
 Review of decision of VA in labor cases – Rule 43 (Royal Plant
Workers Union vs. Coca-Cola Bottler Phils. April 15, 2013)
 Review of rulings of Ombudsman
◦ Administrative – Rule 43 (Pia vs Gervacio June 5, 2013)
◦ Criminal cases – Rule 65 SC (Cabrera vs. Lapid, 510) SCRA 55)
 Appeals from CTA en banc – Rule 45 (Sec. 11, RA 9282)
 Review of decision of Comelec – Rule 64, 65
 Review of decision of COA – Rule 64, 65
 Appeals from decision of CSC – Rule 43
 Carpio-Morales vs. CA,
Nov. 15, 2015
 Section 14. Restrictions. — No writ of injunction shall be
issued by any court to delay an investigation being
conducted by the Ombudsman under this Act, unless
there is a prima facie evidence that the subject matter of
the investigation is outside the jurisdiction of the Office of
the Ombudsman.
 No court shall hear any appeal or application for remedy
against the decision or findings of the Ombudsman, except the
Supreme Court, on pure question of law.
 Carpio-Morales vs. CA,
Nov. 15, 2015
 The second paragraph: “No court shall hear any appeal or
application for remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure question of law”
was declared unconstitutional for violating Section 30, Article
VI.
 “SECTION 30. No law shall be passed increasing
the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence.”
 Carpio-Morales vs. CA,
Nov. 15, 2015

 The first paragraph: “No writ of injunction

shall be issued by any court to delay an
investigation being conducted by the
Ombudsman under this Act was declared
ineffective until the Court adopts the same as
part of the rules of procedure through an
administrative circular duly issued therefor.
 Carpio-Morales vs. CA,
Nov. 15, 2015
 Section 5(5),Article VIII
 Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged. Such rules shall provide
a simplified and inexpensive procedure for the speedy disposition
of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
EXECUTION
 Meaning of execution
 Execution is a remedy afforded for the satisfaction
of a judgment. Its object being to obtain
satisfaction of the judgment on which the writ is
issued (Cagayan de Oro Coliseum vs. CA, 320
SCRA 731, 754).
 It is the fruit and the end of the suit, and is the life
of the law (Ayo Violago-Isnani, 308 SCRA 543,
551).
 Which part of the decision is executed?
 The dispositive portion of the decision is that part of
the decision which is executed.
 The dispositive portion is that which vests rights upon
the parties, sets condition for the exercise of those
rights, and imposes the corresponding duties and
obligations. Hence if there is a conflict between the
dispositive portion of the decision and the body
thereof, the dispositive portion controls irrespective of
what appears in the body (Globe Telecom, Inc., vs.
Florendo-Flores, 390 SCRA 201, 210).
Writ of execution should conform to the
dispositive portion
 The writ may not vary the terms of judgment to be executed
(Buan vs. CA, 235 SCRA 424, 432). Thus, if the judgment does
not provide for the payment of interest, the writ of execution
cannot modify the judgment by requiring the judgment obligor
to pay interest. That part of the writ imposing interest is void
(Solidbank Corporation vs. CA, 379 SCRA 159, 166). An
order of execution which does not conform to the dispositive
portion of the decision sought to be enforced is null and void
(Lao vs. King, 500 SCRA 280).
 When is execution a matter of right?
 SECTION 1. Execution Upon Judgments or Final Orders.
— Execution shall issue as a matter of right, on motion, upon a
judgment or order that disposes of the action or proceeding upon
the expiration of the period to appeal therefrom if no appeal has
been duly perfected (Rule 39).
 It is ministerial duty of the court to issue writ of execution when
the judgment is already final. Thus, the act may be compelled by
mandamus. This is base on the principle of immutability of
judgment (Philippine Trust Co. vs. Roxas, GR 171897,
Otober 14, 2015).
When is execution a matter of discretion?
 SECTION 2(a) – Execution of a judgment or final order pending appeal.
— On motion of the prevailing party with notice to the adverse party
filed in the trial court while it has jurisdiction over the case and is
in possession of either the original record or the record on
appeal, as the case may be, at the time of the filing of such motion, said
court may, in its discretion, order execution of a judgment or final order
even before the expiration of the period to appeal.
 After the trial court has lost jurisdiction, the motion for execution
pending appeal may be filed in the appellate court.
 Discretionary execution may only issue upon good reasons to be stated
in a special order after due hearing (Rule 39).
 What are the requisites for
discretionary execution?
 There must be motion filed by the prevailing party with
notice to the adverse party;
 There must be a hearing of the motion for discretionary
execution;
 The motion must be filed in the trial court while it has
jurisdiction over the case and is in possession of either the
original record or record on appeal;
 There must be good reason to justify the discretionary;
 Good reason must be stated in a special order.
Is frivolous appeal a good reason to grant a
discretionary execution of judgment?
 No.
 Where the sole reason given by the trial court in allowing
execution is that the appeal is frivolous and dilatory,
execution pending appeal cannot be justified because the
authority to disapprove an appeal pertains to the appellate
court (International School, Inc., [Manila] vs. Court of
Appeals, 309 SCRA 474, 483).
 Mere allegation that the appeal is dilatory is not a good
reason to merit discretionary execution (Intramuros
Tennis Club vs. CA, 341 SCRA 90, 107).
 Is posting of bond enough reason to grant execution pending appeal?

 No.
The mere filing of a bond by the successful party is not in itself a
good reason for ordering execution pending appeal, because it is
the combination of circumstances which is the dominating
reason that would justify immediate execution, the bond only
an additional factor (International School, Inc., [Manila]
vs. Court of Appeals, 309 SCRA 474, 483).
 Otherwise, what the prevailing party would do is just to post a
bond, and execution pending appeal will be issued as a matter
of course (Roxas vs. CA, 157 SCRA 370).
 Example of good reasons
 Where there is danger of the judgment becoming
ineffectual, as where the losing party is disposing of its
assets (Scottish Union & National Insurance Co.
vs. Macadaeg, 91 Phil. 891) or where the articles
subject of the case would deteriorate (Federation of
United NAMARCO vs. CA, 4 SCRA 867).
 Where the judgment debtor is insolvent or in
imminent danger of being insolvent (Santos vs.
Mojica, Jan. 4, 1969).
 Suppose the Court granted the motion for
execution in cases where it is discretionary,
how can execution be stayed?

 It can be stayed by filing a sufficient

supersedeas bond which will guaranty the
performance of the judgment or order
allowed to be executed in case it shall be
finally sustained in whole or in part (Section
3, Rule 39).
Is motion necessary for the issuance of writ
of execution?
 Yes. Motion is necessary. It is extant from the
Section 1, Rule 39. Motion is required even if the
judgment is already final and executory (Ilaw
Buklod ng Manggagawa [IMB] vs. Nestle
Philippines, Inc., September 23, 2015).
 Judge, therefore, may not order the execution
motu prio (Lou vs. Siapno, 335 SCRA 181).
Is it required that the losing party be notified of
the motion for execution?
We have repeatedly held that once a judgment becomes final,
the prevailing party is entitled as a matter of right to a writ of
execution and its issuance is the trial court's ministerial duty.
When a prevailing party files a motion for execution
of a final and executory judgment, it is not mandatory
for such party to serve a copy of the motion to the
adverse party and to set it for hearing. The absence of
such advance notice to the judgment debtor does not
constitute an infringement of due process (Mejia-Espinoza
vs. Carino, GR193397, January 25, 2017).
 Where should one file his motion for
execution?
 Execution shall be applied for in the COURT OF ORIGIN.
 If the appeal has been duly perfected and finally resolved, the
execution may forthwith be applied for in the court of origin, on
motion of the judgment obligee, submitting therewith certified
true copies of the judgment or judgments or final order
or orders sought to be enforced and of the entry
thereof, with notice to the adverse party (Section 1,
Rule 39).
 NOTE: In an appealed decision, there is no need to wait for
the records of the case.
May one file the motion for execution with
the appellate court?

The appellate court may, on

motion in the same case, when
the interest of justice so
requires, direct the court of
origin to issue the writ of
execution (Sec. 1, Rule 39).
 What is the lifetime of the writ of
execution?

The writ shall continue in effect during

the period within which the judgment
may be enforced. Hence the writ may be
enforced within the five-year period
from entry of judgment because
within that period, the writ may be
enforced by motion (Sec. 6, Rule 39).
How may final and executory judgment or
order be executed?

• Within five (5) years from the date of

By motion its entry.
Section 6, Rule 39

• After the lapse of such time, and before

By action it is barred by the statute of limitations
 What is revival of judgment?
 It is an action intended to secure the execution of a previous
judgment which has become dormant after the passage of five
years without it being executed upon motion of the prevailing
party.
 It is not intended to re-open any issue affecting the merits of
the case judgment debtor’s case nor the propriety or
correctness of the first judgment.
 It is a new and an independent action separate and distinct from
the previous action sought to be revived. The cause of action is
the judgment itself (Saligumba vs. Palanog, 573 SCRA 8,
15-16).
 What are the defenses that may be
invoked in an action to revive?
 Jurisdictional defenses
 Prescription
 Payment
 Other defenses arising after the finality of judgment
 NOTE:
 It may even be subject to counterclaims arising out of
the transactions not connected with the former
controversy (Basilonia vs.Villaruz, August 10, 2015)
Please take NOTE:
 The revived judgment may also be enforced by
motion within five (5) years from the date of its
entry and thereafter by action before it is barred by
the statute of limitations (Section 6, Rule 39;
PNB vs. Bondoc, 14 SCRA 770, 770-772).
 The rule abandoned the previous ruling of the
Supreme Court in PNB vs Deloso and Luzon
Surety vs. IAC.
 Which court has jurisdiction over an
action for revival of judgment?
Heirs of Miranda, Sr., vs. Miranda, GR 179638, July 8,
2013 – An action for revival of judgment may be filed either in
the same court where the judgment was rendered or in the
place where the plaintiff or defendant resides or in any other
place designated by the statutes.
VENUE:
Infante vs. Aran Builders, 531 SCRA 123 – the proper
venue depends on the determination of whether the present
action for revival judgment is real or personal action.
Please take NOTE:
 If the writ of execution was issued and levy made within
five years from entry of the judgment, the auction sale
may be made even after the five year period. The sale of
the property and the proceeds are merely means to
carry the writ of execution and a levy already validly
made. Accordingly and the application of the proceeds
are merely, the levy is the essential act by which the
property is set apart for the satisfaction of judgment
(Government vs. Echaus, 71 Phil. 318; Vda de
Quiambao vs. Manila Motor, 3 SCRA 444).
 May the running of the five-year period be
interrupted?
The Court in certain instances, allowed execution of the
judgment by mere motion despite the lapse of he five-year
time. In many instances, the delays in the execution of judgment
were through causes clearly attributable to the judgment
debtor as when he employs legal maneuvers to block the
enforcement of the judgment. Delays attributable to the
defendant have the effect of suspending the running of the
prescriptive period for the enforcement of the judgment
(Camacho vs. CA, 287 SCRA 611; Republic vs. CA, 260
SCRA 344, 349-350).
 What are the judgments that are not stayed by appeal?

SECTION 4. Judgments Not Stayed by Appeal. — Judgments in

actions for 1) injunction, 2) receivership, 3) accounting and
4) support, and such other judgments as are now or may
hereafter be declared to be immediately executory, shall be
enforceable after their rendition and shall not be stayed by an
appeal taken therefrom, unless otherwise ordered by the trial
court. On appeal therefrom, the appellate court in its discretion
may make an order suspending, modifying, restoring or granting
the injunction, receivership, accounting, or award of support.
How is execution effected if the obligee or
judgment obligor dies?
 In case of the death of the judgment obligee, upon the application of his
executor or administrator, or successor in interest (Section 7[a], Rule
39).
 In case of the death of the judgment obligor, against his executor or
administrator or successor in interest, if the judgment be for the recovery
of real or personal property, or the enforcement of a lien thereon
(Section 7[b], Rule 39).
 In case of the death of the judgment obligor, after execution is actually
levied upon any of his property, the same may be sold for the satisfaction
of the judgment obligation, and the officer making the sale shall account to
the corresponding executor or administrator for any surplus in his hands
(Section 7[c], Rule 39).
 How to execute a money judgment?
 The officer shall enforce an execution of a judgment for money be
demanding from the judgment obligor the immediate payment of the
full amount stated in the writ of execution and all lawful fees. Judgment
obligor shall pay in cash or certified check. It shall be paid directly to
the judgment oblige or his representative. If not available, to the
executing sheriff. (Section 9[a], Rule 39).
 If the cash payment is not sufficient, then the sheriff shall levy any
properties which may be disposed of for value, except properties
exempt from execution. The judgment obligor has the right to choose
what properties to be levied sufficient to satisfy the judgment. If the
obligor did not choose, the officer shall levy personal property first
that are sufficient to satisfy the judgment, then the real properties
(Section 9[a], Rule 39).
 How to execute a money judgment?

 The officer may levy on debts due the

judgment obligor and other credits, including
bank deposits, financial interests, royalties,
commissions and other personal property not
capable of manual delivery in the possession
or control of third parties.
 This is garnishment (Section 9[c], Rule 39).
 How is garnishment effected?
 1) By serving notice upon the person owing such
debts or having in his possession or control such
credits to which the judgment obligor is entitled.
 2) The garnishee shall make a written report to the
court within five (5) days from service of the notice
of garnishment stating whether or not the
judgment obligor has sufficient funds or credits to
satisfy the amount of the judgment.(Section 9[c],
Rule 39).
 How is garnishment effected?
 Ifnot, the report shall state how much funds or credits
the garnishee holds for the judgment obligor. The
garnished amount in cash, or certified bank check
issued in the name of the judgment obligee, shall be
delivered directly to the judgment obligee within ten
(10) working days from service of notice on said
garnishee requiring such delivery, except the lawful fees
which shall be paid directly to the court (Section
9[c], Rule 39).
Execution of money judgment, simplified:

Sec. 9, Rule 39
Sheriff may also
garnish credit and
If judgment debts.
obligor does not
If judgment choose, sheriff
obligor cannot pay shall levy personal
in cash, he shall property first,
Sheriff will then real property
demand for choose property
payment. to be levied and
sold.
Please take NOTE:

 Itis not proper for the sheriff to immediately

levy the property of the judgment debtor. He
must first make a demand to pay. Only when the
judgment debtor does not pay, after demand that
the sheriff is authorized to levy the properties of
the judgment debtor (Leachon vs. Pascua,
A.M. No. P-11-2972, September 28, 2011).
 How is specific act executed?
 If a judgment directs a party to execute a conveyance of land or
personal property, or to deliver deeds or other documents, or
to perform any other specific act in connection therewith, and the
party fails to comply within the time specified, the court may direct the
act to be done at the cost of the disobedient party by some other
person appointed by the court and the act when so done shall have like
effects as if done by the party. If real or personal property is situated
within the Philippines, the court in lieu of directing a conveyance
thereof may by an order divesting the title of any party and vest
it in others, which shall have the force and effect of a conveyance
executed in due form of law (Section 10 [a], Rule 39).
 How is sale of personal or real
property executed?
 If the judgment be for the sale of
real or personal property, to sell
such property, describing it, and apply
the proceeds in conformity with the
judgment. (Section 10 [b], Rule
39).
 How is delivery of delivery or
restitution of real property
executed?
 The officer shall demand of the person against whom the
judgment for the delivery or restitution of real property is
rendered and all persons claiming rights under him to peaceably
vacate the property within three (3) working days, and restore
possession thereof to the judgment obligee; otherwise, the officer
shall oust all such persons therefrom with the assistance, if
necessary, of appropriate peace officers, and employing such
means as may be reasonably necessary to retake possession, and
place the judgment obligee in possession of such property.
(Section 10 [c], Rule 39).
 How is removal of improvements on
property subject of execution enforced?
 The officer shall not destroy, demolish or
remove said improvements except upon
special order of the court, issued upon motion
of the judgment obligee after due hearing and
after the former has failed to remove the
same within a reasonable time fixed by the
court (Section 10 [d], Rule 39).
 How is delivery of personal
property executed?
 In judgments for the delivery of personal
property, the officer shall take possession of
the same and forthwith deliver it to the party
entitled thereto and satisfy any judgment for
money as therein provided (Section 10 [e],
Rule 39).
 Is contempt a proper remedy in case the
judgment obligor refuse to vacate
the property?

 No. whatthe sheriff should do is to dispossess him of the

property and if after dispossession, the judgment debtor
should execute acts of ownership or possession or in any
manner disturb the possession of the judgment creditor,
then and only then may he be punished for contempt
(Pascua vs. Heirs of Segundo Simeon, 161 SCRA 1,
5).
 What is the effect of levy on
execution to third person?
 The levy on execution shall create a lien in
favor of the judgment obligee over the right,
title and interest of the judgment obligor in
such property at the time of the levy, subject
to liens and encumbrances then existing.
(Section 12, Rule 12).
 What are properties not subject to
execution?
 (a) The judgment obligor's family home as provided by law, or the
homestead in which he resides, and land necessarily used in
connection therewith;
 (b) Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
 (c) Three horses, or three cows, or three carabaos, or other beasts of
burden, such as the judgment obligor may select necessarily used by
him in his ordinary occupation;
 (d) His necessary clothing and articles for ordinary personal use,
excluding jewelry;
 What are properties not subject to
execution?
 (e) Household furniture and utensils necessary for housekeeping, and used
for that purpose by the judgment obligor and his family, such as the
judgment obligor may select, of a value not exceeding one hundred
thousand pesos;
 (f) Provisions for individual or family use sufficient for four months;
 (g) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and
other professionals, not exceeding three thousand pesos in value;
 (h) One fishing boat and accessories not exceeding the total value of one
hundred thousand pesos owned by a fisherman and by the lawful use of
which he earns his livelihood;
 What are properties not subject to
execution?
 (i) So much of the salaries, wages, or earnings of the judgment obligor for
his personal services within the four months preceding the levy as are
necessary for the support of his family;
 (j) Lettered gravestones;
 (k) Monies, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance;
 (l) The right to receive legal support, or money or property obtained as
such support, or any pension or gratuity from the Government;
 (m)Properties specially exempted by law.
What is the procedure if the property of
third party is levied?
 Basic principle: the execution may issue only upon
a person who is a party to the action or proceeding,
and not against one who did not have his day in
court (Philippine Coconut Federation, Inc., vs.
Republic, October 16, 2016).
 Thus, the property not owned by the judgment
debtor or by one not a party to the case should not
be levied.
What is the procedure if the property of
third party is levied?
 Under the Rules, a person not a party to the action,
claiming a property levied upon may execute an
affidavit of his title or right of possession over the
property. The affidavit shall be served upon the
officer making a levy and a copy thereof must also
be served upon the judgment oblige (Section 16,
Rule 39). This remedy of the claiming party is called
TERCERIA.
What is the procedure if the property of
third party is levied?
 After receipt of the affidavit of claim, what should the
sheriff do?

 The officer shall not be bound to keep the property, unless such
judgment obligee, on demand of the officer, files a bond
approved by the court to indemnify the third-party claimant in a
sum not less than the value of the property levied on. The officer
shall not be liable for damages for the taking or keeping of the
property, to any third-party claimant if such bond is filed.
(Section 16, Rule 39).
 Suppose damage was incurred by the third
party on account of officer’s taking and keeping
of his property, when should the action against
the bond be filed?
 The action should be filed within one hundred twenty
(120) days from the date of the filing of the bond. Under
Section 16, Rule 39, it is provided that No claim for
damages for the taking or keeping of the property may be
enforced against the bond unless the action therefor is
filed within one hundred twenty (120) days from the date
of the filing of the bond.
What are the remedies of a third party in
case his property is levied?

The third party can

The third party can The third party can
ask the court to
avail the remedy of file a separate action
quash writ of
terceria. to nullify the levy
execution.

Ching vs. CA,

423 SCRA 356
 What is the remedy of the judgment
obligee in case the claim of the third party
is frivolous?
 The judgment obligee may claim damages
in the same or a separate action against a
third-party claimant who filed a frivolous
or plainly spurious claim (Section 16,
Rule 39).
 Examination of Judgment Obligor When
Judgment Unsatisfied
 When the return of a writ of execution issued against
property of a judgment obligor, or any one of several
obligors in the same judgment, shows that the judgment
remains unsatisfied, in whole or in part, the judgment obligee,
at any time after such return is made, shall be entitled to
an order from the court which rendered the said
judgment, requiring such judgment obligor to appear
and be examined concerning his property and
income before such court or before a commissioner
appointed by it, at a specified time and place; and proceedings
may thereupon be had for the application of the property
and income of the judgment obligor towards the satisfaction
of the judgment (Sec. 36, Rule 39).
 Examination of Obligor of Judgment
Obligor
 When the return of a writ of execution against the property
of a judgment obligor shows that the judgment remains
unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that a person,
corporation, or other juridical entity has property of such
judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical
entity, or any officer or member thereof, to appear before
the court or a commissioner appointed by it, at a time and
place within the province or city where such debtor resides
or is found, and be examined concerning the same. (Sec. 37,
Rule 39).
RULES ON SUMMARY PROCEDURE
Rationale for Promulgation of the Rule

To achieve an
expeditious
and
inexpensive
determination
of the cases
 Applicability
This rule shall govern the summary
procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in
Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the
following cases falling within their
jurisdiction.
 Scope
 Civil Cases
 All cases of forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals
sought to be recovered. Where attorney's fees are
awarded, the same shall not exceed twenty thousand
pesos (P20,000.00).
 All other civil cases, except probate proceedings, where
the total amount of the plaintiff's claim does not exceed
(P200,000.00), exclusive of interest and costs.
Rules of Procedure for Small Claims

Scope This Rule shall govern the procedure in

actions before the Metropolitan Trial
Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal
Circuit Trial Courts for payment of money
where the value of the claim does not
exceed Four Hundred Thousand Pesos
(P400,000.00) exclusive of interest and
costs (Section 1, as amended).
 Rules of Procedure for Small Claims
Applicability
The Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial Courts
shall apply this Rule in all actions which
are purely civil in nature where the claim
or relief prayed for by the plaintiff is
solely for payment or reimbursement of
sum of money.(Section 5, as amended).
Claim and demand from:
 Money owed under the following:
◦ 1. Contract of Lease;
◦ 2. Contract of Loan;
◦ 3. Contract of Services;
◦ 4. Contract of Sale; or
◦ 5. Contract of Mortgage;
 For liquidated damages arising from contract
 Enforcement of Barangay amicable settlement or arbitration
award under the Local Government Code (Section 5, 2016
Revised Rule of Procedure For Small Claims)
 Where the RRSP does not apply
 ThisRule shall not apply to a civil case where
the plaintiff's cause of action is pleaded in the
same complaint with another cause of action
subject to the ordinary procedure; nor to a
criminal case where the offense charged is
necessarily related to another criminal case
subject to the ordinary procedure (Section 1,
RRSP).
Please take NOTE:
 SECTION 2. Determination of applicability. — Upon the
filing of a civil or criminal action, the court shall issue an
order declaring whether or not the case shall be
governed by this Rule.

 A patently erroneous determination to avoid the

application of the Rule on Summary Procedure is a
ground for disciplinary action (RRSP).
CIVIL CASE
Section 3 (A) What are the pleading allowed?

Complaints

Compulsory counterclaims

Cross-claims pleaded in the answer, and

the answers thereto.
Please take NOTE:
Section 3(B)

Verifications. — All
pleadings shall be
verified.
 What is the duty of the Court after
determining that a case falls under summary
procedure?
 After the court determines that the case falls under
summary procedure, it may, from an examination of the
allegations therein and such evidence as may be attached
thereto, dismiss the case outright on any of the grounds
apparent therefrom for the dismissal of a civil action.
 If no ground for dismissal is found it shall forthwith issue
summons which shall state that the summary procedure
under this Rule shall apply (Section 4, RRSP).
Within what period should defendant file
his answer?

Within ten (10) days from

service of summons, the
defendant shall file his answer
to the complaint and serve a
copy thereof on the plaintiff
(Section 5, RRSP).
Is the answer of the defendant subject to
omnibus motion rule?

YES. Affirmative and negative

defenses not pleaded therein
shall be deemed waived, except
for lack of jurisdiction over the
subject matter (Section 5,
RRSP).
What is the effect if counterclaim and
cross are not pleaded in the Answer?

Cross-claims and
compulsory counterclaims
not asserted in the answer
shall be considered barred
(Section 5, RRSP).
Within what period should answer to
counter or cross-claim be filed?

The answer to counterclaims or

cross-claims shall be filed and
served within ten (10) days
from service of the answer in
which they are pleaded (Section
5, RRSP).
What is the effect if defendant did not file
an Answer?
 Should the defendant fail to answer the complaint
within the period above provided, the court, motu
proprio, or on motion of the plaintiff, shall render
judgment as may be warranted by the facts alleged in
the complaint and limited to what is prayed for
therein: Provided, however, that the court may in its
discretion reduce the amount of damages and
attorney's fees claimed for being excessive or
otherwise unconscionable (Section 6, RRSP).
Alconera vs. Malajucon, A.M. MTJ-00-1313,
April 25, 2007
 The rules are unequivocal as to what a judge who is hearing
a summary proceeding is supposed to do when the
defendant fails to file his answer within the reglementary
period. The word "shall" indicates that the act of rendering
judgment is mandatory and not discretionary upon him. The
same specific requirement can be found in the rule on
Forcible Entry and Unlawful Detainer proceedings.
Highlighting the absence of discretion is the fact that in the
proviso, the judge is given discretion as to the amount of
damages he is allowed to impose. It was therefore not within
respondent's authority to accept defendant Labao's late
answer.
 Fairland Knitcraft Co., vs. Po, GR No.
217694, January 27, 2016
 Section 6 is clear that in case the defendant failed to file his
answer, the court shall render judgment, either motu proprio
or upon plaintiff's motion, based solely on the facts alleged in
the complaint and limited to what is prayed for. The failure of
the defendant to timely file his answer and to controvert the
claim against him constitutes his acquiescence to every
allegation stated in the complaint. Logically, there is
nothing to be done in this situation except to render
judgment as may be warranted by the facts alleged in
the complaint.
 Luna vs Mirafuente, A.M. No. MTJ-05-
1610, September 26, 2006
 The word "shall" in the above-quoted sections of the
1991 Revised Rule on Summary Procedure underscores
their mandatory character. Giving the provisions a
directory application would subvert the nature of the
Rule and defeat its objective of expediting the
adjudication of the suits covered thereby. To admit a late
answer is to put a premium on dilatory maneuvers —
the very mischief that the Rule seeks to redress.
 When should preliminary conference
scheduled?

 Not later than thirty (30) days after the last

answer is filed, a preliminary conference shall
be held. The rules on pre-trial in ordinary
cases shall be applicable to the preliminary
conference unless inconsistent with the
provisions of this Rule (Section 7, RRSP).
What is the effect of failure of the parties
to appear during PC? Section 7, RRSP

Plaintiff • Dismissal of complaint

Defendant • Entitled to judgment on his

appears, counterclaim
plaintiff did
not • All cross-claims dismissed
What is the effect if the defendant did not
appear?

 Ifa sole defendant shall fail to appear, the plaintiff

shall be entitled to judgment in accordance with
Section 6 hereof. This Rule shall not apply where
one of two or more defendants sued under a
common cause of action who had pleaded a
common defense shall appear at the preliminary
conference (Section 7, RRSP).
 Five Star Marketing vs. Booc, GR No.
143331, October 5, 2007
 Applying the foregoing provisions, the MTCC was indeed
empowered to decide the case on the basis of the complaint
filed by the petitioner. The Court once pronounced in the
case of Tubiano v. Razo that the MTC and the RTC were
correct in declaring the decision submitted for decision
based solely on the complaint, upon failure of the petitioner
(respondent herein) to appear at the preliminary conference.
 The word "shall" used in the above cited provision makes
the appearance of the parties mandatory. The Court
excuses the non-appearance only in cases where there is a
justifiable cause offered for the failure to attend.
 What should the Court do after
termination of PC?

Within five (5) days after the

termination of the preliminary
conference, the court shall issue an
order stating the matters taken up
therein (Section 8, RRSP).
 What are the matters that should be
taken up during PC?
 a) Whether the parties have arrived at an amicable settlement, and
if so, the terms thereof;
 b) The stipulations or admissions entered into by the parties;
 c) Whether, on the basis of the pleadings and the stipulations and
admissions made by the parties, judgment may be rendered
without the need of further proceedings, in which event the
judgment shall be rendered within thirty (30) days from
issuance of the order;
 d) A clear specification of material facts which remain
controverted; and
 e) Such other matters intended to expedite the disposition of the
case (Section 8, RRSP).
When should position paper of the parties
be submitted?
 Within ten (10) days from receipt of the order
mentioned in the next preceding section, the
parties shall submit the affidavits of their
witnesses and other evidence on the factual
issues defined in the order, together with their
position papers setting forth the law and the
facts relied upon by them (Section 9, RRSP).
When should judgment be rendered?

Within thirty (30) days after receipt

of the last affidavits and position
papers, or the expiration of the
period for filing the same, the court
shall render judgment (Section 10,
RRSP).
Please take NOTE:
 Should the court find it necessary to clarify certain
material facts, it may, during the said period, issue
an order specifying the matters to be clarified, and
require the parties to submit affidavits or other
evidence on the said matters within ten (10) days
from receipt of said order. Judgment shall be
rendered within fifteen (15) days after the receipt
of the last clarificatory affidavits, or the expiration
of the period for filing the same.
BUT:

The court shall not

resort to
clarificatory
procedure to gain
time for the
rendition of the
judgment (Section
10, RRSP).
 Rule 70
Forcible Entry and Unlawful detainer
What are the three (3) kinds of
possessory action?

Accion
interdictal

Accion
publiciana

Accion
reinvindicatoria
 Which court has jurisdiction over
possessory actions?

 Accion interdictal – MTC, regardless of the value of

real property and amount of damages or unpaid rentals.

 Accion publiciana – MTC or RTC, depending on the

assessed value of the real property.

 Accion reindivicatoria – MTC or RTC, depending on

the value of the real property.
What are the two causes of actions under
Rule 70?
 Forcible entry – an action to recover possession of a
property from the defendant whose occupation thereof is
illegal from the beginning since he acquired possession by
force, intimidation, threat, strategy or stealth.
 Unlawful detainer – an action for recovery of possession
from the defendant whose possession of the property was
lawful from the beginning, but became illegal when he
continued his possession despite the termination of his right
thereunder (Sarmieta vs. Manalite Homeowners
Association, 632 SCRA 538, 546).
Section 1, Rule 70 gives the two causes of
action
 a person deprived of the possession of any land or
building by force, intimidation, threat, strategy, or stealth
– forcible entry
 lessor, vendor, vendee, or other person against whom
the possession of any land or building is unlawfully
withheld after the expiration or termination of the right
to hold possession, by virtue of any contract, express or
implied – unlawful detainer
What should be alleged in forcible entry?

Plaintiff had prior physical possession.

That defendant deprived plaintiff of his
possession by means of force, intimidation,
threat, strategy or stealth (FITSS).
Please take note:

 Priorphysical possession is the primary

consideration in a forcible entry case. A
party who can prove prior physical
possession can recover such possession
even against the owner himself (Antazo vs.
Doblada, 611 SCRA 586).
 What is the meaning of prior physical
possession in forcible entry cases?
 While prior physical possession is an indispensable
requirement in forcible entry cases, emphasis should be
made however that possession can be acquired not only by
material occupation, but also by the fact that a thing is
subject to the action of one's will or by the proper acts and
legal formalities established for acquiring such right.
 Possession can be acquired by juridical acts. These are acts
to which the law gives the force of acts of possession.
 Juridical acts were sufficient to establish the plaintiff's prior
possession of the subject property. (Mangaser vs. Ugay,
December 3, 2014).
 What should be alleged in the complaint for unlawful
detainer?
 Possession of the property by the defendant was by
contract with or by tolerance of the plaintiff.
 Such possession became illegal upon notice by the plaintiff
to the defendant of the termination of the latter’s
possession.
 Defendant remained in possession of the property and
deprived the plaintiff enjoyment thereof.
 Within one (1) year from the last demand on the
defendant to vacate the property, the plaintiff instituted the
complaint for ejectment (Romullo vs. Samahang
Magkakapitbahay ng Bayanihan Compound
Homeowners Association, 632 SCRA 411, 419-420).
What is the effect if there is failure to alleged facts
necessary for forcible entry and unlawful detainer?

 The jurisdictional facts must appear on the face of the

complaint. When the complaint fails to aver facts
constitutive of forcible entry or unlawful detainer, as
where it does not state how entry was effected or
how and when dispossession started, the remedy
should either be an accion publiciana or accion
reinvindicatoria (Jose vs. Alfuerto, November 26,
2012; Suarez vs. Emboy, March 12, 2014).
 Forcible entry vs. unlawful detainer
 In forcible entry, there must be an allegation of prior possession
of the plaintiff; in unlawful detainer, the allegation should how the
possession of the defendant becomes illegal.
 In forcible entry, demand to vacate is not needed; in unlawful
detainer, demand to vacate is a prerequisite.
 In forcible entry, the one-year period to file action should be
counted from the date of actual entry; while in unlawful detainer
the one-year period to file action must be counted from the date
of the last demand to vacate.
Please take note:
 When the entry is by stealth, the one-year period to file action
should reckoned from the discovery of entry (Nunez vs.
SLTEAS Phoenix Solutions, Inc., 618 SCRA 134, 142).
 When possession is by tolerance, it becomes illegal upon demand
to vacate by the owner and the possessor by tolerance refuses
to comply with such demand (Piedad vs. Gurieza, June 18,
2014).
 The rule on tolerance does not apply in a case where there was
forcible entry at the start (Munoz vs. CA, 214 SCRA 216, 224).
Hence, in this case, unlawful detainer is not the proper remedy
(Jose vs. Alfuerto, November 26, 2012).
 Nature of interdictal cases

It is both real and in

personam
 Unlawful detainer in
lease contract cases
 Unless otherwise stipulated, such action by the lessor
shall be commenced only after demand to pay or
comply with the conditions of the lease and to
vacate is made upon the lessee, or by serving written
notice of such demand upon the person found on the
premises, or by posting such notice on the premises if
no person be found thereon, and the lessee fails to
comply therewith after fifteen (15) days in the case of
land or five (5) days in the case of buildings (Sec. 2,
Rule 70).
Demand is to “pay unpaid rental or to
vacate”. Will this make out a case of
unlawful detainer?
 No. It should be demand to pay and vacate.
 A demand in the alternative to pay the
increased rental or otherwise vacate the
land is not a demand that will give rise to an
unlawful detainer case (Penas vs. CA, 233
SCRA 744, 747).
 What is the form of demand?
 Written notice of such demand upon the
person found on the premises, or by
posting such notice on the premises if no
person be found thereon (Sec. 2, Rule
70).
 How about verbal demand?
 Yes (Jakihaca vs.Aquino, 181 SCRA 67)
 When is right to commence
action in lease contract?
When the lessee fails to comply
therewith after fifteen (15) days in
the case of land or five (5) days in
the case of buildings.
 “Tacita reconduccion”
 At the end of the lease contract, the
lessee should continue enjoying the
property leased for 15 days with the
consent of the lessor, and no notice to
the contrary has been given, it is
understood that there is an implied new
lease contract (1670, CC).
What procedure should govern ejectment
cases?
 Except in cases covered by the agricultural
tenancy laws or when the law otherwise
expressly provides, all actions for forcible entry
and unlawful detainer, irrespective of the amount
of damages or unpaid rentals sought to be
recovered, shall be governed by the summary
procedure hereunder provided (Sec. 3, Rule
70).
 Pleadings allowed
 The only pleadings allowed to be filed
are the complaint, compulsory
counterclaim and cross-claim pleaded in
the answer, and the answers thereto. All
pleadings shall be verified (Sec. 4, Rule
70).
 Can the court motu propio dismiss the
complaint?
 YES
 The court may, from an examination of the
allegations in the complaint and such evidence as
may be attached thereto, dismiss the case
outright on any of the grounds for the dismissal
of a civil action which are apparent therein. If no
ground for dismissal is found, it shall forthwith
issue summons (Sec. 5, Rule 5) .
 Answer to Complaint
 Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a
copy thereof on the plaintiff. Affirmative and negative
defenses not pleaded therein shall be deemed waived,
except lack of jurisdiction over the subject matter.
 Cross-claims and compulsory counterclaims not asserted
in the answer shall be considered barred. The answer to
counterclaims or cross-claims shall be served and filed
within ten (10) days from service of the answer in which
they are pleaded (Sec. 6, Rule 70).
Is there default in ejectment cases?

 NO.
 Should the defendant fail to answer the
complaint within the period above provided, the
court, motu proprio or on motion of the plaintiff,
shall render judgment as may be warranted by
the facts alleged in the complaint and limited to
what is prayed for therein (Sec. 7, Rule 70).
What should the court do in case tenancy
relationship is alleged in the answer?

 Where tenancy is raised as a defense,

the court must conduct a hearing on
the matter to determine the veracity
of the allegations of tenancy (Onquit
vs. Binamira-Parcia, 297 SCRA
354).
Procedure in the MTC
Filing of the
complaint

The court shall render

Filing of answers a judgment within 30
within 10 days days after the case
from summons shall have been
submitted for decision.

After receipt of
Preliminary preliminary conference
order, parties shall file
conference their position papers
within 10 days
 Immediate execution
Ifjudgment is rendered against the
defendant, execution shall issue
immediately upon motion.
How to stay the execution of judgment
 Appeal is perfected and the defendant files a
sufficient supersedeas bond, approved by the
Municipal Trial Court and executed in favor
of the plaintiff to pay the rents, damages, and
costs accruing down to the time of the
judgment appealed from. (Sec. 19, Rule 70).
How to stay the execution of judgment

 And during the pendency of the

appeal, he deposits with the appellate
court the amount of rent due from
time to time under the contract, if any,
as determined by the judgment of the
Municipal Trial Court. (Sec. 19, Rule
70).
How to stay the execution of judgment
 In the absence of a contract, he shall
deposit with the Regional Trial Court the
reasonable value of the use and occupation
of the premises for the preceding month or
period at the rate determined by the
judgment of the lower court on or before
the tenth day of each succeeding month or
period (Sec. 19, Rule 70).
Decision of the RTC is executory
The judgment of the Regional Trial
Court against the defendant shall be
immediately executory, without
prejudice to a further appeal that
may be taken therefrom (Sec. 21,
Rule 70).
CRIMINAL CASE
 Coverage
 (1) Violations of traffic laws, rules and regulations;
 (2) Violations of the rental law;
 (3) Violations of municipal or city ordinances;
 (4) BP 22
 (5) All other criminal cases where the penalty prescribed by law for
the offense charged is imprisonment not exceeding six months, or a
fine not exceeding (P1,000.00), or both, irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in offenses involving
damage to property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed ten thousand
pesos (P10,000.00) (Section 1 (B), RRSP).
 How is criminal case commenced?
 The filing of criminal cases falling within the scope of this
Rule shall be either by complaint or by information:
Provided, however, that in Metropolitan Manila and in
Chartered Cities. such cases shall be commenced only by
information, except when the offense cannot be
prosecuted de oficio.
 The complaint or information shall be accompanied by the
affidavits of the complainant and of his witnesses in such
number of copies as there are accused plus two (2) copies
for the court's files. If this requirement is not complied
with within five (5) days from date of filing, the case may be
dismissed (Section 11, RRSP).
 Why is it that in MM and other chartered
cities, cases covered by RRSP are commenced
only by Information?

 Because in Metro Manila and other chartered

cities, the complaint shall be filed with the
office of the Prosecutor (Section 1(b), Rule
110).
 Thus, it is the Prosecutor who always files the
Information in Court.
 Duty of the Court
 Ifcommenced by complaint. — On the
basis of the complaint and the affidavits and
other evidence accompanying the same, the
Court may dismiss the case outright for
being patently without basis or merit and
order the release of the accused if in
custody (Section 12(a), RRSP).
 Duty of the Court
 If commenced by information. — When the case is
commenced by information, or is not dismissed pursuant
to the next preceding paragraph, the court shall issue
an order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall
require the accused to submit his counter-affidavit and the
affidavits of his witnesses as well as any evidence in his
behalf, serving copies thereof on the complainant or
prosecutor not later than ten (10) days from receipt of
said order. The prosecution may file reply affidavits within
ten (10) days after receipt of the counter-affidavits of the
defense (Section 12(b), RRSP).
Is the procedure in Section 12(b) applicable when
the criminal case is commenced by a complaint?

 YES.
 Because Section 13 provides: “Should the court,
upon a consideration of the complaint or
information and the affidavits submitted by
both parties, find no cause or ground to hold the
accused for trial, it shall order the dismissal of the
case; otherwise, the court shall set the case for
arraignment and trial.”
Cervantes vs. Pangilinan, MTJ-08-1709, July
31, 2009
 Insteadof first ruling whether the case fell under the
Revised Rule on Summary Procedure, Judge
Pangilinan immediately issued a warrant of arrest and
fixed complainant's bail at P2,000. There being no
showing that complainant failed to appear in
court when required by Judge Pangilinan, the
warrant of arrest he issued had no legal basis.
 Aguilar v. Judge Dalanao, 388 Phil. 717
 The series of patent errors committed by the
respondent Judge in immediately issuing a warrant of
arrest on the same day the complaint for malicious
mischief was filed, thereby completely disregarding the
provisions of Section 12(b) and Section 16 of the Revised
Rules on Summary Procedure, and in not making a
determination of whether or not the case is governed by
the summary rules which clearly violates the provision of
Section 2, can not be countenanced by this Court.
If the Court, after assessment of the complaint
or information and affidavits submitted by both
parties, finds reason to hold accused for trial,
should it issue warrant of arrest?

 The court shall not order the arrest of the

accused except for failure to appear whenever
required. Release of the person arrested shall
either be on bail or on recognizance by a
responsible citizen acceptable to the court
(Section 16, RRSP).
 If after assessment of the complaint or
information and affidavits submitted by both
parties, finds reason to hold accused for trial,
what should the Court do?
 The court set the case for arraignment and for
preliminary conference (Sections 13 and 14,
RRSP).
 Note: The arraignment and preliminary conference
shall be held simultaneously, and the court shall take
up matters under Rule 14 of the RRSP (Guideline
for Continuous Trial in Criminal Cases).
Should the criminal cases under the RRSP
be referred to mediation?
 NO. Criminal case subject to the Rule on Summary Procedure shall
not be referred to Mediation.
 EXCEPT: Please see: Guideline for
 BP 22 Continuous Trial in
 Theft under Article 308, RTC pars. 5, 6, 7 & 8 Criminal Cases

 Article 318, RPC – other deceits

 Article 328, par. 2 & 3, RPC – malicious mischief
 Article 358, RPC – slander
 Article 359, RPC – simple slander by deed
 Article 363, RPC – incriminating innocent person
 Article 364, RPC – intriguing against honor
 Article 365, RPC – which is applicable
Please take NOTE:
 Referral to Mediation shall only be made after
Preliminary Conference.
 The mediation shall be terminated within a
non-extendible period of 30 calendar days
from the date of referral by the Court to
PMC Unit. After the lapse of the mediation
period, trial shall proceed (Guidelines for
Continuous Trial in Criminal Cases).
What are the matter that should be taken
up during Preliminary Conference?
 Stipulation of facts
 Propriety of allowing the accused to enter a
plea of guilty to a lesser offense may be
considered,
 Other matters may be taken up to clarify the
issues and to ensure a speedy disposition of
the case (Section 14, RRSP).
Please take NOTE:
 However, no admission by the accused
shall be used against him unless reduced
to writing and signed by the accused and
his counsel. A refusal or failure to
stipulate shall not prejudice the accused
(Section 14, RRSP).
 How is trial conducted?
 The affidavits submitted by the parties shall constitute
the direct testimonies of the witnesses who executed
the same.
 Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination.
 Should the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party
presenting the affidavit, but the adverse party may utilize
the same for any admissible purpose (Section 15,
RRSP).
Please take NOTE:
 No witness shall be allowed to testify
unless his affidavit was previously
submitted to the court in accordance
with Section 12 hereof, except on
rebuttal or sur-rebuttal (Section 15,
RRSP).
May a party still present a witness who did not execute
an affidavit under Section 12 of the RRSP?

 YES.
 If he manifest during preliminary conference his desire to present
additional affidavits and counter-affidavits, stating the purpose
thereof.
 If allowed by the court, the additional affidavits of the prosecution
or the counter-affidavits of the defense shall be submitted to the
court and served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the additional
affidavits are presented by the prosecution, the accused may file his
counter-affidavits and serve the same on the prosecution within
three (3) days from such service (Section 15, RRSP).
 Judgment
SECTION 17. Judgment. Where
a trial has been conducted, the
court shall promulgate the judgment
not later than thirty (30) days after
the termination of trial.
 Provision applicable to Civil and
Criminal Cases
 SECTION 18. Referral to Lupon. Cases requiring
referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where there
is no showing of compliance with such requirement, shall
be dismissed without prejudice, and may be revived only
after such requirement shall have been complied with.
This provision shall not apply to criminal cases where the
accused was arrested without a warrant.
 Uy vs. Javellana, A.M. No. MTJ-07-1666,
September 5, 2012
 We see no ambiguity in the aforequoted
provisions. A case which has not been
previously referred to the Lupong Tagapamayapa
shall be dismissed without prejudice. A motion
to dismiss on the ground of failure to comply
with the Lupon requirement is an exception to
the pleadings prohibited by the Revised Rule on
Summary Procedure.
Non-referral of cases for Barangay Conciliation;
not jurisdictional and may be deemed waived
 The Court also finds it necessary to correct the mistaken
impression of petitioners and the municipal trial court that
the non-referral of a case for barangay conciliation as
required under the Local Government Code of 1991 may be
raised in a motion to dismiss even after the accused has
been arraigned. It is well-settled that the non-referral of a
case for barangay conciliation when so required under the
law is not jurisdictional in nature and may therefore be
deemed waived if not raised seasonably in motion to dismiss
(Banares vs. Balising II, GR No. GR No. 132624, March
13, 2000).
How should one revive the case dismissed
for non-referral to Lupon?
 After the order of dismissal of a case without
prejudice has become final, and therefore
becomes outside the court's power to amend
and modify, a party who wishes to reinstate
the case has no other remedy but to file a
new complaint (Banares vs. Balising II, GR
No. GR No. 132624, March 13, 2000).
 Prohibited Pleadings and Motions
Motion to dismiss the complaint or to quash the complaint or
information except on the ground of lack of jurisdiction over the
subject matter, or failure to comply with the preceding section

Motion for a bill of particulars

Motion for new trial, or for reconsideration of a judgment, or for

reopening of trial
 Prohibited Pleadings and Motions

Petition for relief from judgment

Motion for extension of time to file pleadings, affidavits

or any other paper

Memoranda

Petition for certiorari, mandamus, or prohibition against

any interlocutory order issued by the court
 Prohibited Pleadings and Motions
Motion to declare the defendant in default
Dilatory motions for postponement
Reply
Third party complaints
Interventions
 Appeal
 The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the
same in accordance with Section 22 of Batas Pambansa
Blg. 129. The decision of the regional trial court in civil
cases governed by this Rule, including forcible entry and
unlawful detainer, shall be immediately executory, without
prejudice to a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be deemed
repealed (Section 21, RRSP).
 PROVISIONAL REMEDIES
Preliminary Attachment (Rule 57)

Preliminary Injunction (Rule 58)

Receivership (Rule 59)

Delivery of Personal Property (Rule 60)

Support Pendente Lite (Rule 61)

 Rule 57
Preliminary Attachment
Definition
It is provisional
It is a provisional because it
remedy issued by the constitutes
court where the action
is pending levying the temporary measure
property or properties availed of during the
of the defendant to pendency of action
serve as security for and they are
whatever judgment the ancillary because it
said court might render is dependent upon
in favor of the plaintiff.
the main action.
 Will the writ of preliminary attachment be
dissolved if the parties had already entered
into compromise agreement?
 NO.
 The parties to the compromise agreement should not be
deprived of the protection provided by an attachment lien.
If the rule were otherwise, it is easier for the debtor
whose property was attached to have the lien released by
entering into a compromise agreement without the
intention of actually honoring it (Lim, Jr., vs. spouses
Lazaro, G.R. No. 185734, July 3, 2013).
 What is the nature of attachment?
 Attachment is in the nature of a proceeding quasi in
rem (Banco-Espanol vs. Palanca, 37 Phil. 921, 928)
although sometimes referred to as action in rem
(Valdevieso vs. Damalerio, 421 SCRA 664, 671).

 This classification becomes relevant only when the

defendant does not appear in the action as when the
defendant is a non-resident who, at the same time, is
outside of the Philippines.
 What is the purpose of preliminary
attachment?
 Preliminary attachment is designed to seize the
property of the debtor before final judgment and put
the same in custodia legis even while the action is
pending for the satisfaction of a later judgment and to
acquire jurisdiction over the property in those
instances where personal or substituted services of
summons on the defendant cannot be effected.
(Philippine Commercial International Bank vs.
Alejandro, 533 SCRA 738).
Who may apply for preliminary
attachment?
Plaintiff Any proper party

Defendant with respect to

his counterclaim

Section 1, Rule 57
Co-party with respect to
his cross-claim

Third party with respect to

his third party complaint
 At what stage may preliminary
attachment be applied?

 At the commencement of the action

 Any time before entry of judgment

 What are the cases where preliminary
attachment is proper?
 A. Recovery of a specified amount of money or
damages.
◦ Section1(a), Rule 57 – In an action for the recovery of a
specified amount of money or damages, other than moral
and exemplary, on a cause of action arising from law,
contract, quasi-contract, delict or quasi-delict against a party
who is about to depart from the Philippines with intent
to defraud his creditors.
◦ K.O. Glass Construction vs. Valenzuela, 116 SCRA
563 – about to depart with intent to defraud is required for
the issuance.
 What are the cases where preliminary
attachment is proper?
 B.Action for money or property embezzled.
◦ Section1(B), Rule 57 – In an action for money or
property embezzled or fraudulently misapplied or
converted to his own use by a public officer, or an
officer of a corporation, or an attorney, factor, broker,
agent, or clerk, in the course of his employment as
such, or by any other person in a fiduciary capacity,
or for a willful violation of duty.
 What are the cases where preliminary
attachment is proper?

 C. Action for recovery of property unjustly or

fraudulently taken.
◦ Section1(C), Rule 57 – In an action to recover the
possession of property unjustly or fraudulently taken,
detained or converted, when the property, or any part
thereof, has been concealed, removed, or disposed of to
prevent its being found or taken by the applicant or an
authorized person.
 What are the cases where preliminary
attachment is proper?

 D. Fraud in contracting or performing an

obligation.
◦ Section1(D), Rule 57 – In an action against a
party who has been guilty of a fraud in
contracting the debt or incurring the obligation
upon which the action is brought, or in the
performance thereof.
 What are the cases where preliminary
attachment is proper?

 E. Removal or disposal of property with

intent to defraud.
◦ Section1(E), Rule 57 – In an action against a
party who has removed or disposed of his
property, or is about to do so, with intent
to defraud his creditors.
 What are the cases where preliminary
attachment is proper?

 F. Action against non-residents or on whose

summons may be served by publication.
◦ Section1(F), Rule 57 – In an action against a party who
does not reside and is not found in the Philippines, or on
whom summons may be served by publication.
◦ Read this in relation to Section 14, 15 and 16, Rule
14 of the Rules of Court.
Requisites for issuance of preliminary writ
of attachment
 Applicant's bond must be filed
 Affidavit of merit
◦ Sufficient cause of action exists;
◦ The case is one of those mentioned in Section 1 hereof;
◦ There is no other sufficient security for the claim sought to
be enforced by the action; and
◦ The amount due to the applicant, or the value of the
property the possession of which he is entitled to recover,
is as much as the sum for which the order is granted above
all legal counterclaims.
How may preliminary writ of attachment
be issued?

• Ex parte;
It may • Upon motion with notice
and hearing
be • On appeal before the
issued: Court of Appeals or the
Supreme Court
 Stages in the grant of preliminary
attachment

Writ is
Court issues the
attachment is The writ is
order granting
issued pursuant implemented
the application
to an order
 Is it necessary for the court to have
acquired jurisdiction over the person of
the defendant when the writ is
implemented?
 Yes, because under the rules: “No levy on attachment
pursuant to the writ issued under Section 2 hereof shall be
enforced unless it is preceded, or contemporaneously
accompanied, by service of summons, together with a copy of
the complaint, the application for attachment, the applicant's
affidavit and bond, and the order and writ of attachment, on the
defendant within the Philippines.” (Sec. 5, Rule 57)
 Thus, there must be prior or contemporaneous
service of summons.
 Are there exceptions to prior or
contemporaneous service of summons?
 Yes, under the rules: “The requirement of prior or
contemporaneous service of summons shall not apply
where the summons could not be served 1. personally
or by substituted service despite diligent efforts,
or 2. the defendant is a resident of the Philippines
temporarily absent therefrom, or 3. the defendant
is a non-resident of the Philippines, or 4. the action
is one in rem or quasi in rem.”(Sec. 5, Rule 57)
 How is real property attached?
 It is attached by the sheriff by filing with the RD a copy of
the order together with a description of the property
attached, and a notice that it is attached leaving a copy of
such order, description, and notice with the occupant of the
property, if any.
 Where the property is registered under the Land
Registration Act, the notice shall contain a reference to the
number of the certificate of title, the volume and page in
the registration book where the certificate is registered,
and the registered owner or owners thereof (Section
7(b), Rule 57).
 How is personal property attached?

 Personal property capable of manual

delivery, by taking and safely keeping it in
his custody, after issuing the corresponding
receipt therefor (Section 7(c), Rule 57).
How are bank deposits and other credits
attached?
 By leaving with the person owing such debts, or having
in his possession or under his control, such credits or
other personal property, or with his agent, a copy of
the writ, and notice that the debts owing by him to
the party against whom attachment is issued, and the
credits and other personal property in his possession,
or under his control, belonging to said party, are
attached in pursuance of such writ (Section 7(d),
rule 57).
 How is interest belonging to estate of the
decedent attached?
 By serving the executor or administrator or other
personal representative of the decedent with a copy
of the writ and notice that said interest is attached. A
copy of said writ of attachment and of said notice
shall also be filed in the office of the clerk of the
court in which said estate is being settled and served
upon the heir, legatee or devisee concerned.
(Section 7(e), Rule 57).
 May a property under custodia legis be
attached?

 Yes. Under the Rules: If the property sought to be

attached in custodia legis, a copy of the writ of attachment
shall be filed with the proper court or quasi-judicial
agency, and notice of the attachment served upon the
custodian of such property (Sec. 7, Rule 57).
 Supposing sheriff attached the
property of the third party, what are
the remedies of the latter if any?
 He may avail the remedy of terceria (Sec. 14, Rule 57).
 The third party-claimant may also invoke the court’s
authority in the same case and move for a summary
hearing on his claim. If his claim is meritorious, the court
shall lift the attachment (Ching vs. CA, 423 SCRA
356)
 The third party may file a separate civil action to nullify
the levy (Ching, id.)
 How may a writ of attachment be
discharged?
 1. By filing a motion to discharge the attachment and
making a deposit or counter-bond in an amount equal
to that fixed by the court or value of the property
attached (Sec. 12, Rule 57)
 2. By filing a motion to set aside or discharge the
attachment on other grounds without need of filing a
counterbond.
 What are grounds which may be
invoked in the motion to discharge
attachment?
 Attachment was improperly or irregularly issued
 Bond is insufficient
 Attachment is excessive with respect to the excess
 Property is exempt from execution
 May a party whose property was
attached recover damages from
the attaching party though the
former lost the case?

 Yes. This is implied from Section 20, Rule 57 which

provides that: “An application for damages on account of
improper, irregular or excessive attachment must be filed
before the trial or before appeal is perfected or before
the judgment becomes executory, with due notice to the
attaching party and his surety or sureties.” (Carlos vs.
Sandoval, 471 SCRA 266, 289-290)
 Rule 58
Preliminary Injunction
 Concept
 Preliminary injunction is an order granted at any stage of
an action, prior to the judgment or final order, requiring a
party, court, agency or person to perform or refrain from
performing an act or acts. (Sec. 1, Rule 58)
 Preliminary mandatory injunction – order to require
the doing of an act
 Preliminary prohibitory injunction – order to refrain
from doing an act
What is the purpose of preliminary injunction?

 A writ of injunction is issued by the court to prevent

threatened or continuous irreparable injury to parties
before their claims can be thoroughly studied and
adjudicated and during the pendency of the action
(MIAA vs. Rivera Village Lessee Homeowners’
Assn., Inc., 471 SCRA 358). Hence, in order to
protect the rights of the parties before the main
action is resolved, there is need to preserve the status
quo.
 What is the status quo?

 It is defined as the last actual, peaceful, and

uncontested status that precedes the actual
controversy, that which is existing at the time of
the filing of the case (Spouses Dulnuan vs.
MBTC, July 8, 2015.)
 MANDATORY PROHIBITORY

 When on is required to  When one is required to

perform an act refrain from doing an act
 The act has already been  The act has not yet been
performed and this act performed because it is
violated the rights of restrained or prevented by
another. Since the act has injunction. Its purpose is to
already been performed, prevent a future or
the purpose of the threatened injury
injunction is to restore
the status quo

Mandatory vs. Prohibitory

 Which court should issue writ of
preliminary injunction?

 It shall be issued by the court where the principal

action is pending (Sec. 2, Rule 58)
 Illustration
 An appeal from the judgment of CA may be appealed
through petition for review under Rule 45. The petition
may include prayer for preliminary injunction. Since it is the
SC which has jurisdiction over the appeal, it has also
jurisdiction to issue writ of preliminary injunction
 Under Section 20, Rule 70, the plaintiff may appeal the
decision to the RTC. Here, it is the RTC which has
jurisdiction to issue writ of preliminary injunction
 If Petition for Certiorari is pending with the CA, it is the
CA which has jurisdiction to issue writ of preliminary
injunction.
What are the grounds for the issuance of a preliminary
injunction?

 Section 3, Rule 58 can be capsulized as follows:

 (1) there exists a clear and unmistakable right to be
protected; (2) this right is directly threatened by an act
sought to be enjoined; (3) the invasion of the right is
material and substantial; and (4) there is an urgent and
paramount necessity for the writ to prevent serious and
irreparable damage (Sps. Dulnuan vs. MBTC, July 8,
2015).
 Clear and Unmistakable Legal Right

 Thunder Security and Investigation Agency vs.

NFA, 654 SCRA 714 – Court cannot enjoin the
termination of an employee whose contract of
employment has already expired.
 Sps. Duluan vs. MBTC, July 8, 2015 – the Court
cannot enjoin the bank from possessing foreclosed
property even during the period for redemption.
 What are the formal requisites of
the issuance of preliminary
injunction?
 There must be a verified application (Sec. 4(a), Rule
58).

 The applicant must post a bond (Sec.4 (b), Rule 58).

 There must be notice and hearing (Sec. 5, Rule 58).

Can preliminary injunction be issued without
notice and hearing?
 No.
 Section 5, Rule 58 provides: “No preliminary
injunction shall be granted without
hearing and prior notice to the party or
person sought to be enjoined.”
 Is the rule on contemporaneous service
of summons applicable to application for
preliminary injunction?
 YES
 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 filed in a multiple-sala court, shall
be raffled only after notice to and in the presence of the adverse
party or the person to be enjoined. In any event, such notice
shall be preceded, or contemporaneously accompanied, by
service of summons, together with a copy of the complaint or
initiatory pleading and the applicant's affidavit and bond, upon the
adverse party in the Philippines (Sec. 4 (c), Rule 58).
 Are there exceptions?
 YES
 However, where the summons could not be served
personally or by substituted service despite diligent
efforts, or the adverse party is a resident of the
Philippines temporarily absent therefrom or is a
nonresident thereof, the requirement of prior or
contemporaneous service of summons shall not apply
(Sec. 4 (c), Rule 58).
What is temporary restraining order?
 It is an order issued to preserve the status quo until
the hearing of the application for a writ of preliminary
injunction because preliminary injunction cannot be
issued ex-parte (Bacolod Water District vs.
Labayen, 446 SCRA 110). By its nature, it could be
considered as a provisional remedy within a provisional
remedy because it is issued to preserved the status
quo for a limited period until the court decides to
issue a writ of preliminary injunction
 May TRO be issued ex-parte?
 YES
 If it shall appear from facts shown by affidavits or by the
verified application that great or irreparable injury would
result to the applicant before preliminary injunction can
be heard, the court to which the application for
preliminary injunction was made, may issue ex parte a
temporary restraining order to be effective only for a
period of twenty (20) days from service on the party or
person sought to be enjoined x x x. (Section 5, Rule
58).
 May TRO be issued by the EJ?
 If the matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury, the executive judge of a
multiple-sala court or the presiding judge of a single-sala court
may issue ex-parte a temporary restraining order effective for
only seventy-two (72) hours from issuance but he shall
immediately comply with the provisions of the next preceding
section as to service of summons and the documents to be
served therewith (Sec. 5, Rule 58).
 What should the judge where the case is raffled, do
after the EJ issued the
72 hour TRO?
 Within the aforesaid seventy-two (72) hours, the judge before
whom the case is raffled shall conduct a summary hearing to
determine whether the temporary restraining order shall be
extended until the application for preliminary injunction can
be heard. In no case shall the total period of effectivity of the
temporary restraining order exceed twenty (20) days,
including the original seventy-two hours provided herein
(Sec. 5, Rule 57).
 Is 20 day TRO extendible?
 NO
 The Rules provide: “In no case shall the
total period of effectivity of the
temporary restraining order exceed
twenty (20) days, including the original
seventy-two hours provided herein.”
(Sect. 5, Rule 58)
 Instances where preliminary injunction may not be
issued by the Court?
 No court, except SC, can issue injunctive relief against lawful
action of the government agencies that enforce
environmental laws (Sec. 10, Rule 2, Part II, A.M. 09-6-8-
SC)
 PD 605 bans the issuance of injunctive relief in cases
involving concessions, licenses issued by the government for
exploitation of natural resources.
 PD 1818 prohibits issuance of TRO, PI against the execution
of government infrastructure projects.
 PARC cannot be enjoined by court in the implementation or
enforcement of CARP under the CARP law.
 May criminal prosecution be restrained?
 General Rule: NO.
 Exceptions:
◦ To afford adequate protection to the constitutional rights of the
accused
◦ When double jeopardy is apparent
◦ When necessary for the orderly administration of justice or to avoid
oppression
◦ Where the charges are manifestly false and motivated by lust for
vengeance
◦ When there is strictly no prima facie case against the accused and the
motion to quash on that ground has been denied
SPECIAL CIVIL ACTIONS
Interpleader (Rule 62)

Declaratory Relief (Rule 63)

Review of Judgment and Final Order of COMELEC and COA (Rule 64)

Certiorari, Prohibition, Mandamus (Rule 65)

Quo Warranto (Rule 66)

Expropriation (Rule 67)

Foreclosure of Real Estate Mortgage (Rule 68)

Partition (Rule 69)

Forcible Entry and Unlawful Detainer (Rule 70)

Contempt (Rule 71)

 Rule 62
Interpleader
 Meaning of Interpleader
 It is a special civil action filed by a person against whom
two conflicting claims are made upon the same subject
matter and over which he claims no interest, or if he
claims interest, the same is not disputed by the parties.
This action is brought against the conflicting claimants
to compel them to interplead and litigate their claims
among themselves
 When is interpleader proper?
 Whenever conflicting claims upon the same subject
matter are or may be made against a person who
claims no interest whatever in the subject matter, or an
interest which in whole or in part is not disputed by
the claimants, he may bring an action against the
conflicting claimants to compel them to interplead
and litigate their several claims among themselves (Sec.
1, Rule 62).
 Requisites of Interpleader
There must be two or more claimants with adverse
and conflicting interest upon a subject matter
The conflicting claims involve the same subject
matter
The conflicting claims are made upon the same
person
The plaintiff has no claim or his interest, in whole or
in part in the subject is not disputed by the claimants
What is the jurisdiction of interpleader?
 It depends on the subject matter of the conflicting
claims:
 If the subject matter of the action is personal
property – determine the value of the property
 If the conflicting claims involve right to receive
particular sum – determine the amount of the sum
claimed
 If the subject matter is real property – determine
the assessed value of the property
 If the subject matter is incapable of pecuniary
estimation - RTC
 Rule 63
Declaratory Relief
 Meaning

◦ Declaratory relief is defined as an action by any person interested

in a deed, will, contract or other written instrument, executive
order or resolution, to determine any question of construction or
validity arising from the instrument, executive order or regulation,
or statute; and for a declaration of his rights and duties
thereunder. The only issue that may be raised in such a petition is
the question of construction or validity of provisions in an
instrument or statute (Province of Camarines Sur vs. CA,
600 SCRA 569).
For what purpose is declaratory relief
filed?

To determine any question of

construction or validity arising
from the subject of the action;

Seek a declaration of
petitioner’s rights thereunder.
What are the actions that may be brought
under Rule 63?
 An action to determine any question of construction
or validity arising, and for a declaration of his rights or
duties, thereunder – Declaratory Relief.

 An action for the reformation of an instrument, to

quiet title to real property or remove clouds
therefrom, or to consolidate ownership under
Article 1607 of the Civil Code (Sec. 1, Rule 63)
 What are the requisites of declaratory
relief?
 The subject matter must be deed, will, contract or other
written instrument, or whose rights are affected by a
statute, executive order or regulation, ordinance, or any
other governmental regulation;
 The terms of said statute or document and the validity
thereof are doubtful and require judicial construction;
 There must have been no breach of the statute or
document;
 There must be actual justiciable controversy
 The issue is ripe for judicial determination;
 Adequate relief is not available.
Please take note:
 Declaratory relief must be filed before any breach or
violation. If the law or contract has been violated prior
to the filing of declaratory relief, the latter recourse
should be dismissed (Malana vs. Tappa, 600 SCRA
189).

 BUT: If the breached occurred during the pendency of

declaratory relief, the latter will converted to ordinary
civil action (Sec. 6, Rule 63).
What are the subject matter in a petition for
declaratory relief? ( CESO DAW)
 Deed
 Will
 Contract or other written instrument
 Statute
 Executive order or regulation,
 Ordinance
 Any other governmental regulation
 NOTE:These are exclusive
 Illustration of exclusivity of grounds

 An order the RTC denying petitioner’s motion to

suspend the implementation of writ of execution
cannot become a subject matter of declaratory
relief (Mangahas vs. Paredes, 515 SCRA 709,
716).

 Final
decision of the court cannot be the subject of
declaratory relief (Reyes vs. Dison, 628 SCRA 1,
15).
 Who may file the petition?

“Any
• if subject is deed, will, contract,
interested or other written instrument;
party”

“Persons • if the subject is statute, executive

whose rights order, regulation, ordinance or
are affected” any other government regulation.
 Which court has jurisdiction?
 The RTC has jurisdiction as declaratory relief raises issue which is
incapable of pecuniary estimation (Sec. 19[1], BP 129; Sec.1, Rule
63).
 SC has no original jurisdiction over declaratory relief (Clark
Investors and Locators Assn. vs. Secretary, July 6, 2015).
 If the action is for quieting of title to real property, the jurisdiction
depends upon the assessed value of the real property (Heirs of
Valeriano S. Concha vs. SPS Lumucso, 540 SCRA 1, 16).
 Action for reformation of contract should be treated as action in
capable of pecuniary estimation, hence RTC.
 An action for consolidation of ownership is an action incapable of
pecuniary estimation (Cruz vs. Leis, 327 SCRA 570)
 Rule 64
Review of the Judgment or Final Order
of COMELEC and COA
 Rule 64 governs the review of the judgment or final
order of the COMELEC and COA.
 The mode of review is via Petition for Certiorari
under Rule 65 (Aratuc vs. Comelec, 88 SCRA
251, 272).
 The ground upon which the petition must be filed is
on jurisdictional ground, that is, the COLEMEC or
COA acted without jurisdiction or committed grave
abuse of discretion amounting to lack or excess of
jurisdiction.
 When should petition be filed?

 The petition shall be filed within thirty (30) days from

notice of the judgment or final order or resolution
sought to be reviewed (Sec 3, Rule 64).
 Does Neypes or “fresh period” rule
apply to judgment or final order of
COMELEC and COA?
 NO. Section 3, Rule 64 provides:
 “If the motion is denied, the aggrieved party may file
the petition within the remaining period, but which
shall not be less than five (5) days in any event,
reckoned from notice of denial” (Pates vs. Comelec,
591 SCRA 491; Lokin vs. Comelec, June 26,
2012).
What is the period to file the Petition?

 The petition shall be filed within thirty (30) days from

notice of the judgment or final order or resolution
sought to be reviewed (Sec. 3, id.).
 What is the effect of filing the
petition on the judgment or
final order?

 The filing of a petition for certiorari shall not stay the

execution of the judgment or final order or
resolution sought to be reviewed, unless the Supreme
Court shall direct otherwise upon such terms as it
may deem just. (Sec. 8, id.).
 Rule 65
Certiorari, Prohibition, Mandamus
 Certiorari
 It is also called “prerogative writ” because it is not
demandable as a matter of right.
 Its purpose is the correction of errors of jurisdiction
which includes commission of grave abuse of discretion
amounting to lack or excess of jurisdiction.
 It is an original and independent action and not a mode of
appeal.
 Certiorari cannot be substitute for appeal or lost appeal.
Certiorari cannot be substitute for lost appeal:
EXCEPTIONS
 When public welfare and the advancement of public
policy dictates.
 When broader interest of justice so require.
 When writs issued are null and void.
 When the questioned order amounts to an oppressive
exercise of judicial authority.
 Rule 45 vs. Rule 65
 Certiorari under Rule 45 is a mode of appeal while
certiorari under Rule 65 is a special civil action.
 Certiorari under Rule 45 is just a continuation of the
appellate process of the original case, but under Rule 65, it is
an original action.
 Certiorari under Rule 45 seeks to review the judgment
while certiorari under Rule 65 seeks to annul the
proceedings or judgment.
 Certiorari under Rule 45 raises questions of law while under
Rule 65, it raises question of jurisdiction.
 Rule 45 vs. Rule 65
 Certiorari under Rule 45 is to be filed within 15 days from
receipt of judgment or final order while the period to file
certiorari under Rule 65 is either 30 or 60 days
 Certiorari under Rule 45 does not require filing of MR, while
in certiorari under Rule 65, the filing of MR is required.
 The parties in certiorari under Rule 45 are the same parties
to the action while the parties in Rule 65 are the tribunal,
board or officer exercising quasi-judicial function.
 Certiorari under Rule 45 may only be filed before SC, while
certiorari under Rule 65 may be filed with the RTC.
 Essential requisites for a petition for
certiorari
 1. The petition is directed against a tribunal, board, or
officer exercising judicial or quasi-judicial functions.
 2. Such tribunal, board, or officer has acted without or
in excess of jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.
 3. There is neither appeal nor plain, speedy or
adequate remedy in the ordinary course of law for the
purpose annulling or modifying the proceeding.
 First Requisite
The respondent must be exercising
judicial or quasi-judicial function.

 What is judicial function? – It is the power to

determine what the law is and what the legal rights of
the parties are, and then undertakes to determine
these questions and adjudicate the rights of the parties
(Aquino vs. Municipality of Malay, September 29,
2014).
 What is quasi-judicial function?

 It is the power of an administrative agency to

investigate facts or ascertain the existence of facts, hold
hearings, and draw conclusions from them as a basis for
its official action and to exercise discretion of a judicial
nature (Aquino vs. Municipality of Malay,
September 29, 2014).
 Illustration
 A petition for certiorari challenging the validity of the Human Security
Act of 2007 filed against the Anti-Terrorism Council and its members
was dismissed as said council is not exercising judicial or quasi-judicial
function (Southern Hemisphere Engagement Network vs. Anti
Terrorism Council, 632 SCRA 146, 166).
 Petition for certiorari will not lie against the RTWPB for the wage
order that it issued because what was exercised is quasi-legislative
function (MBTC vs. NWPC, 514 SCRA 346, 357-358).
 Petition for certiorari will not lie to question the EO issued by the
President for the reason that the same was issued in the exercise of
the president’s quasi-legislative power (Galicto vs. Aquino, 667
SCRA 150, 165).
 Expanded scope of Certiorari
 “Petition for certiorari and prohibition are appropriate
remedies to raise constitutional issues and to review
and/or prohibit or nullify the acts of legislative and
executive officials” (Araullo vs. Aquino, III, July 1,
2014).
 The basis of this pronouncement is the second
paragraph of Section 1,Article VIII of the Constitution.
 Second Requisite
Lack, excess, grave abuse
 Without jurisdiction denotes the tribunal, board or
officer acted with absolute lack of authority.
 Excess of jurisdiction – when the public respondent
exceeds its power or acts without statutory authority.
 Grave abuse of discretion – connotes such
capricious and whimsical exercise of judgment as to be
equivalent to lack or excess of jurisdiction or the
power is exercised in an arbitrary or despotic manner
by reason of passion, prejudice or personal hostility.
 Third Requisite
No appeal and other speedy remedy

 Certiorariis not available where the aggrieved

party’s remedy of appeal is plain, speedy and
adequate remedy in the ordinary course of law.

 Certiorari cannot be a substitute for appeal much

less lost appeal.
Certiorari cannot be substitute for lost appeal:
EXCEPTIONS
 When public welfare and the advancement
of public policy dictates.
 When broader interest of justice so
require.
 When writs issued are null and void.
 When the questioned order amounts to
an oppressive exercise of judicial authority.
Rule: Necessity of MR, Exceptions:
 The order is patent nullity.
 The issue has been duly raised and passed by the lower
court.
 There is an urgent necessity for the resolution of the
question.
 The subject matter of the action is perishable.
 Petitioner is deprived of due process.
 MR would be useless under the circumstances.
 Relief from arrest is urgent.
 The proceedings is a total nullity.
 The issue is one purely of law.
 What are the formal requirements for filing
the petition?
 Filing of a verified petition.
 The petition shall be accompanied by a certified true
copy of the judgment, order or resolution subject
thereof.
 Copies of all pleadings and documents relevant and
pertinent thereto.
 Sworn certification of non-forum shopping as provided
in the paragraph of Section 3, Rule 46 (Sec. 1, Rule 65).
 What is the effect if the formal requirements are
not complied with?

 A petition is procedurally flawed if Sec. 1 of Rule 65 is

not complied with because there are documents
important for the court’s appraisal, evaluation and
judicious disposition of the case. Non-observance of
the rule is a sufficient cause for dismissal of the
petition and cannot be merely brushed a mere
technicality (Lim vs. Vianzon, 497 SCRA 482, 492-
493).
 What is the period to file the petition?
 The petition may be filed not later than sixty (60) days from
notice of the judgment, order or resolution sought to be assailed
in the Supreme Court or, if it relates to the acts or omissions
of a lower court or of a corporation, board, officer or person, in
the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It may also be
filed in the Court of Appeals whether or not the same is in aid
of its appellate jurisdiction, or in the Sandiganbayan if it is in
aid of its jurisdiction. If it involves the acts or omissions of a
quasi-judicial agency, and unless otherwise provided by law or
these Rules, the petition shall be filed in and cognizable only by
the Court of Appeals. (Sec. 4, Rule 65)
 May the period be extended?
 Yes, when:
 Most persuasive and weighty reasons.
 To relieve a litigant from injustice
 Good faith of the defaulting party
 Compelling circumstances
 Merits of the case
 Cause not entirely attributable to the defaulting party
 No showing that it is frivolous
 In the name of substantial justice and fair play
 Importance of issues involved (Labao vs. Flores, 634
SCRA 723)
 Does the filing of petition stay the
proceedings?
 NO.

 The petition shall not interrupt the course of the

principal case unless a temporary restraining order or
a writ of preliminary injunction has been issued against
the public respondent from further proceeding in the
case (Sec. 7, Rule 65).
 Prohibition
 Concept
 It is an extra-ordinary writ commanding the tribunal,
corporation, board, officer or person, whether exercising
judicial, quasi-judicial or ministerial functions, to desist
from further proceedings when such are conducted
without or in excess of its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of
jurisdiction, there being no appeal or any other plain,
speedy, and adequate remedy in the ordinary course of law
(Sec. 2, Rule 65).
 Requisites
 (a) it must be directed against a tribunal, corporation,
board or person exercising functions, judicial or
ministerial;
 (b) the tribunal, corporation, board or person has acted
without or in excess of its jurisdiction, or with grave
abuse of discretion; and
 (c) there is no appeal or any other plain, speedy, and
adequate remedy in the ordinary course of law
(Belmonte vs. Deputy Ombudsman, January 13,
2016).
 Prohibition vs. Certiorari
 In prohibition, the writ is directed against the
respondent exercising judicial, quasi-judicial and
ministerial function while writ of certiorari is directed
against respondent exercising judicial and quasi-judicial.
 In writ of prohibition the objective is for the
respondent to desist while in certiorari, the objective is
to annul.
 Mandamus
 When any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically enjoins
as a duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enjoyment of a right or office to
which such other is entitled, and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition for mandamus to command the
respondent to do the act required to be done to protect the rights of
the petitioner (Sec. 3, Rule 65)
 Subjects of Mandamus

 Neglect to perform an act which the specifically

enjoins as a duty.

 Unlawful exclusion of another from the use and

enjoyment of a right or office to which such other
is entitled.
Mandamus will lie to compel the doing of
a ministerial act
 The act is ministerial if the act is should be performed
under a given state of facts, in a prescribed manner, in
obedience to the mandate of a legal authority, without
regard to the exercise of judgment upon the propriety
or impropriety of the act done (Cudia vs.
Superintendent of PMA, February 24, 2015)
Mandamus will not lie on the following
cases:
 Mandamus will not lie to compel the discretion of
the judge to decide a motion pending before him in
a particular way (Morada vs. Caluag, 5 SCRA
1128, 1130).
 Mandamus will not lie against a government school
or an official with the duty that involves exercise of
discretion like admission of the students (UP vs.
Ayson, 176 SCRA 571, 577)
 Mandamus will not lie to compel UP to allow the
graduation of a student who failed to meet the
requirements (Magtibay vs. Garcia, 120 SCRA
370, 374).
Mandamus will not lie on the following
cases:
 Mandamus will not lie to compel the prosecutor
to file an Information (Hegerty vs. CA, 409
SCRA 285)
 Mandamus will not lie to compel the PMA to
restore cadet’s rights and entitlement as a full-
fledge graduating cadet (Cudia vs.
Superintendent of PMA, February 24,
2015)
 Rule 66
Quo Warranto
 Concept

 Itis a proceeding generally defined as an

action against a person who usurp, intrudes
into, or unlawfully holds or exercise a public
office (Tecson vs. COMELEC, 424
SCRA 277, 326) or even a public franchise
(Sec. 1, Rule 66).
Quo warranto that may be brought by the
government:
 (a) Against a person who usurps, intrudes into, or
unlawfully holds or exercises a public office, position
or franchise;
 (b) Against a public officer who does or suffers an
act which, by the provision of law, constitutes a
ground for the forfeiture of his office; or
 (c) Against an association which acts as a
corporation within the Philippines without being
legally incorporated or without lawful authority so to
act (Sec. 1, Rule 66).
 May it be filed by an individual?

 YES

A person claiming to be entitled to a public

office or position usurped or unlawfully held
or exercised by another may bring an action
therefor in his own name (Sec. 5, Rule 66).
Who may commence the petition?

Solicitor
General

Public
prosecutor

Private
person
When may the solicitor general or public
prosecutor commence
the petition?

When directed by the President of the

Philippines;

When upon complaint;

Or he has good reason to believe that the

case should be filed (Sec. 2, Rule 66).
 What is the jurisdiction and venue of
petition?
 An action under the preceding six sections can be
brought only in the Supreme Court, the Court of
Appeals, or in the Regional Trial Court exercising
jurisdiction over the territorial area where the
respondent or any of the respondents resides, but
when the Solicitor General commences the action, it
may be brought in a Regional Trial Court in the City of
Manila, in the Court of Appeals, or in the Supreme
Court (Sec. 7, Rule 66).
 What is the period for the filing of
petition?
 Nothing contained in this Rule shall be construed to
authorize an action against a public officer or employee for
his ouster from office unless the same be commenced
within one (1) year after the cause of such ouster, or
the right of the petitioner to hold such office or
position, arose; nor to authorize an action for damages in
accordance with the provisions of the next preceding section
unless the same be commenced within one (1) year after the
entry of the judgment establishing the petitioner's right to
the office in question (Sec. 11, Rule 66).
 Rule 67
Expropriation
 Power of eminent domain is one of the fundamental
powers of the state.
 Sec. 9, Art. III is not a conferment of the power, but rather
a limitation.
 Two requisites for the validity of the exercise of the
power of eminent domain is that 1) it must be exercise
for public purpose; 2) payment of just compensation.
 Power of eminent domain can be used as implement of
police power.
 Expropriation is not limited to acquisition of title. Burden
to a property is tantamount to “taking”.
 Concept of “public use”
 The concept has been expanded. It is not limited to
actual “public use”.
 The meaning include “usefulness, utility, or advantage or
what is productive of general benefit…(Vda de Ouano
vs. Republic, 642 SCRA 384, 408-409). Example,
socialized housing (Abad vs. Fil-Homes Relaty Realty
Development Corp., 636 SCRA 247, 254).
 Concept of “just compensation”
 It is the full and fair equivalent of property taken form
its owner by the expropriator. The measure is not the
taker’s gain, but the owner’s loss. The word “just” is
used to intensify the meaning of the word
“compensation” and to convey the idea that the
equivalent to be rendered for the property to be taken
shall be real, substantial, full and ample. It is equivalent
to the market value of the property (Republic vs.
Rural Bank of Kabacan, Inc., 664 SCRA 233, 244)
 Can the government divert the use
of property taken different from
the purpose for which the
petition was filed?
 No. a condemnor should commit the use of the
property pursuant to the purpose stated in the
petition for expropriation, failing which it should file
another petition for new purpose. If not, then it
behooves the condemnor to return the said property
to its owner, if the latter so desires (Vda. De Ounao
vs. Republic, 642 SCRA 385, 409)
Eminent domain of LGU, requisites:

 There must be an ordinance enacted for the purpose.

 The power of eminent domain is exercised for public
use, purpose or welfare or for the benefit of the poor
and landless.
 It must be exercised through its chief executive.
 Payment of just compensation.
 There must be previous offer to buy but it was refused
(Sec. 19, LGC, RA7160)
 What are the stages in expropriation
process?
 First stage – the determination of the authority of
the plaintiff to expropriate. This determination includes
an inquiry into the propriety of the expropriation – its
necessity and the public purpose.

 Second stage – determination of just compensation

(Municipality of Binan vs. Garcia, 180 SCRA 576,
583-584)
 What must be alleged in the petition?
 State with certainty the right of the plaintiff to
expropriation and the purpose thereof
 Describe the personal and real property sought to be
expropriated.
 Join as defendants all person owning or claiming to
own, or occupying any property or any interest therein,
showing as far as practicable the interest of defendant.
If the plaintiff cannot identify the owner, it must be so
stated (Sec. 1, Rule 67).
 What are the defenses and objection in
the answer?
 If a defendant has no objection or defense to the
action or the taking of his property, he may file and
serve a notice of appearance and a manifestation to
that effect, specifically designating or identifying the
property in which he claims to be interested, within
the time stated in the summons. Thereafter, he shall be
entitled to notice of all proceedings affecting the same
(Sec. 3, Rule 67).
 Is omnibus motion rule applicable?

 Yes.
A defendant waives all defenses and objections
not so alleged but the court, in the interest of
justice, may permit amendments to the answer to
be made not later than ten (10) days from the
filing thereof (Sec. 3, Rule 67).
 May the defendant be declared in default in
presenting evidence on just compensation?

 No.
 At the trial of the issue of just compensation,
whether or not a defendant has previously
appeared or answered, he may present evidence
as to the amount of the compensation to be paid
for his property, and he may share in the
distribution of the award. (Sec. 3, Rule 67).
 Which court has jurisdiction?

 Itis the RTC has jurisdiction because petition for

expropriation is an action incapable of pecuniary
estimation regardless of the value of the subject
property (Barangay San Roque vs. Hiers of
Pastor, 334 SCRA 127, 134).
 When is possession on the property
allowed?
 Under the Rules of Court – upon the deposits by
expropriator of an amount equivalent to the assessed
value of the property for purposes of taxation with the
authorized government depositary (Sec. 2, Rule 67).

 After such deposit is made the court shall order the sheriff
or other proper officer to forthwith place the plaintiff in
possession of the property involved and promptly submit a
report thereof to the court with service of copies to the
parties (Sec. 2, id.).
 When is possession on the property
allowed?

 Under the LGC – LGU may take possession of the

property upon filing of petition and after making
deposit of 15% of the market value of property based
on the current tax declaration (Sec. 19, LGC.).
 Under R.A. 8974 – with respect to government
infrastructure project, upon filing of complaint and
payment to the owner of sum equivalent100% of the
value of the property based on current relevant zonal
valuation.
Please take note:

 If LGC is not applicable or that the

property taken is not for government
infrastructure project, it is Rule 67,
Section 2 which is applicable with
respect to when possession should be
allowed (Republic vs. Gingoyon, 478
SCRA 474, 515-518).
 What is the effect if objections of the
defendant are overruled or the defendant did
not object on the authority and purpose of
the expropriation or no party appears
to object

 The court may issue an order of expropriation declaring

that the plaintiff has a lawful right to take the property
sought to be expropriated, for the public use or purpose
described in the complaint, upon the payment of just
compensation to be determined as of the date of the
taking of the property or the filing of the complaint,
whichever came first (Sec. 4, Rule 67).
 What is the nature of order of
expropriation?

 It is a final order which susceptible to appeal. Such

appeal, however, shall not prevent the court from
determining the just compensation to be paid (Sec.4,
Rule 67).
 Also, The right of the plaintiff to enter upon the
property of the defendant and appropriate the same
for public use or purpose shall not be delayed by an
appeal from the judgment (Sec. 11, Rule 67).
 What if the RTC is reversed on appeal?

 if the appellate court determines that plaintiff has no

right of expropriation, judgment shall be rendered
ordering the Regional Trial Court to forthwith enforce
the restoration to the defendant of the possession of
the property, and to determine the damages which the
defendant sustained and may recover by reason of the
possession taken by the plaintiff (Sec. 11, Rule 67).
 Rule on ascertainment of just
compensation?
 Appointment of 3 commissioners is mandatory (Se. 5,
Rule 67).
 Hearing before commissioners are indispensable.
 Trial with aid of commissioner is substantial right (NPC vs.
De la Cruz, 514 SCRA 56).
 The findings of commissioner may be disregarded by the
Judge but, the latter may do so only for valid reason (NPC
vs. Dela Cruz, id.).
 Just compensation should be determined as of the date of
the taking of the property or the filing of the complaint,
whichever came first (Sec. 4, Rule 67).
What is the effect of non-payment of just
compensation?
 Non-payment of just compensation does not
automatically entitle the private landowner to recover
possession of the expropriated lots. However, in cases
where the government failed to pay just compensation
within five (5) years from the finality of judgment in the
expropriation proceedings, the owners concerned shall
have the right to recover possession of their property
(Republic vs. Lim, 462 SCRA 265, 288-289)
 Rule 68
Foreclosure of Real Estate Mortgage
 In an action for the foreclosure of a mortgage or other
encumbrance upon real estate, the complaint shall set forth
the date and due execution of the mortgage; its
assignments, if any; the names and residences of the
mortgagor and the mortgagee; a description of the
mortgaged property; a statement of the date of the note or
other documentary evidence of the obligation secured by
the mortgage, the amount claimed to be unpaid thereon;
and the names and residences of all persons having or
claiming an interest in the property subordinate in right to
that of the holder of the mortgage, all of whom shall be
made defendants in the action (Section 1, Rule 68).
Please take note:
 In an indebtedness subject to mortgage, the creditor has
the following alternative remedies:
◦ To file an action for collection of sum of money.
◦ To foreclose the mortgage.
 The remedies are mutually exclusive; such that the
availment of one, excludes the other. Therefore, if one files
a collection suit and then thereafter files a petition for
foreclosure of mortgage, the same constitute a splitting of
cause of action (Bank of America, NT & SA vs.
Amreican Realty Corp, 321 SCRA 659, 667-669;
Marilag vs. martinez, July 22, 2015).
 Jurisdiction of judicial foreclosure

 Judicial foreclosure is a real action. Thus,

jurisdiction depends on the assessed value of real
property.

 Thus, ifthe value of real property is 20K below in

the provinces of 50K below in the NCR, the
jurisdiction is with the MTC; otherwise, it is the
RTC.
 What are the different modes of
foreclosing mortgage?

Judicial foreclosure under

Rule 68

Extra-judicial foreclosure under

Act 3135, as amended by 4118
 What should be alleged in the complaint?

 Date and due execution of the mortgage;

 its assignments, if any;
 the names and residences of the mortgagor and the
mortgagee;
 a description of the mortgaged property; a statement of
the date of the note or other documentary evidence of
the obligation secured by the mortgage,
 the amount claimed to be unpaid thereon;
 and the names and residences of all persons having or
claiming an interest in the property subordinate in right to
that of the holder of the mortgage, all of whom shall be
made defendants in the action (Section 1, Rule 68).
 What should the judgment in judicial
foreclosure contain?
 Ascertainment of the amount due to the plaintiff upon the mortgage debt
or obligation, including interest and other charges as approved by the
court, and costs;
 The sum so found due
 Order the amount found due to be paid to the court or to the judgment
obligee within a period of not less than ninety (90) days nor more than
one hundred twenty (120) days from the entry of judgment,
 and admonition that in default of such payment the property shall be sold
at public auction to satisfy the judgment (Section 2).
 The judgment is appealable.
 What is equity of redemption?
 It is the period within which the mortgagor may start
exercising his equity of redemption, which is the right
to extinguish the mortgage and retain ownership of the
property by paying the debt. The payment may be made
even after the foreclosure sale provided it is made
before the sale is confirmed by court (GSIS vs. CFI,
175 SCRA 19, 25).
Please take note:
 There is no right of redemption in a judicial foreclosure
of mortgage under Rule 58. This right exists only in
extra-judicial foreclosure (Santos vs. Register of
Deed, 38 SCRA 42; Reyes vs. Tolentino, 42 SCRA
365).
 In judicial foreclosure, there is only “equity of
redemption.”
 What is the effect if the mortgagor failed
to pay the sum due within the period
given?

 The court, upon motion, shall order the property to be

sold in the manner and under the provisions of Rule 39
and other regulations governing sales of real estate
under execution (Sec. 3, Rule 57).
 There should be motion, but the motion is ex-parte
(Govt. of PI vs. De Las Lajigas, 55 Phil 668, 672).
 What should the mortgagee do, after
the sale of the mortgage property is
made?
 He should file a motion for confirmation of sale (Sec. 3.
Rule 68).
 Here the motion requires notice and hearing (Tiglao vs.
Botones, 90 Phil. 275, 278).
 The confirmation of sale shall operate to divest the rights
in the property of all the parties to action and vest the
rights in the purchaser, subject to the rights of redemption
under the law (Sec. 3, Rule 68).
 Order of confirmation is appealable.
 What is the effect of finality of the
confirmation of the sale?
 Upon the finality of the order of confirmation or upon the
expiration of the period of redemption when allowed by
law, the purchaser at the auction sale or last redemptioner,
if any, shall be entitled to the possession of the property
unless a third party is actually holding the same adversely
to the judgment obligor. The said purchaser or last
redemptioner may secure a writ of possession, upon
motion, from the court which ordered the foreclosure
(Sec. 3, Rule 68).
 The motion is ex-parte (Carlos vs. CA, 537 SCRA 247,
253).
 Disposition of the proceeds of sale
 They shall, after deducting the costs of the sale, be paid
to the person foreclosing the mortgage, and when
there shall be any balance or residue, after paying off
the mortgage debt due, the same shall be paid to junior
encumbrancers in the order of their priority, to be
ascertained by the court, or if there be no such
encumbrancers or there be a balance or residue after
payment to them, then to the mortgagor or his duly
authorized agent, or to person entitled to it (Sec. 4,
Rule 68).
Is the mortgagee entitled to deficiency?
 Yes.
 If upon the sale of any real property, there be a
balance due to the plaintiff after applying the
proceeds of the sale, the court, upon motion, shall
render judgment against the defendant for any such
balance for which he may be personally liable to the
plaintiff, upon which execution may issue
immediately if the balance is all due at the time of
the rendition of the judgment; otherwise, the plaintiff
shall be entitled to execution at such time as the
balance remaining becomes due under the terms of
the original contract, which time shall be stated in
the judgment (Sec. 6, Rule 68).
 Is there still a need to file a separate case to
recover the deficiency?

 No need.

A motion for the recovery of deficiency can

be filed in the same court where judicial
foreclosure was filed (Sec. 6, Rule 68).
 Rule 69
Partition
 Partition is defined as the separation, division and
assignment of a thing held in common among those to
whom it may belong (Art. 1079, CC).
 Partition presupposes the existence of a co-ownership
over a property between two or more persons. Thus, a
division of property cannot be ordered by the court
unless the existence of co-ownership is first established
(Co Giuk Lun vs. Co, 655 SCRA 131, 138).
 Instances where co-owner may not
demand partition
 There is agreement not to divide for a period of time,
not exceeding ten (10) years (Art. 494).
 The partition is prohibited by the donor for a period
not exceeding 20 years (Art. 494 and 1083 CC)
 When partition is prohibited by law (494, CC)
 When property is not subject to a physical division
(495, CC)
 When condition is imposed but not yet fulfilled (1084,
CC)
 Prescription of action for partition

 Itdoes not prescribe. Thus, a co-owner may filed

the action for partition anytime (494, CC).
 However, when of the co-owner repudiated the
co-ownership, and the co-owner is advice of the
repudiation such repudiating co-owner may
acquire ownership thereof thru prescription
(Heirs of Restar vs. Heirs of Cichon, 475
SCRA 731, 738).
 Which court has jurisdiction?

 Partition is a real action. Thus, jurisdiction depends on

the assessed value of real property.

 Thus, if the value of real property is 20K below in the

provinces of 50K below in the NCR, the jurisdiction is
with the MTC; otherwise, it is the RTC
 What are the stages of partition?

First phase
• Determination whether co-ownership exists.
This phase may end up with the declaration
that plaintiff is not entitled to partition.
Second phase
• Partition shall be done by the court in case the
parties could not agree among themselves.
Please take note:
 Both phases are subject to appeal.

 The action for partition is subject to multiple

appeals and would require record on appeal
(Roman Catholic Archbishop of Manila
vs. CA, 258 SCRA 186, 194).
 Who may file the petition?

 A person having the right to compel the partition of real

estate may do so (Sec. 1, Rule 69).
What has to be alleged in the complaint?

 The nature and extent of his title;

 Adequate description of the real estate of which

partition is demanded;

 Joining as defendants all other persons interested in

the property (Sec. 1, Rule 69).
 What is the procedure after the court
declared that co-ownership exists and that
the plaintiff has the right to partition
the property?

 Court will direct the parties to partition the property

among themselves (Sec. 2, Rule 69).
 If the don’t agree, the parties shall appoint three (3)
independent commissioners to make the partition (Sec. 2,
Rule 69).
 Commissioners will submit their full and accurate report.
The Court upon receipt of the report, shall through its
clerk of court furnished the parties of the report. They are
allowed to comment or register their objection to the
report within (10) days from the receipt thereof (Sec. 7,
Rule 69).
What should be the action of the court after the filing
of the report?
 Court may, upon hearing, accept the report and render
judgment in accordance therewith;
 For cause shown, recommit the same to the
commissioners for further report of facts;
 Or set aside the report and appoint new commissioners;
 Or accept the report in part and reject it in part; and may
make such order and render such judgment as shall
effectuate a fair and just partition of the real estate, or of
its value, if assigned or sold as above provided, between
the several owners thereof (Sec. 7, Rule 69).
 Rule 70
Forcible Entry and Unlawful detainer
What are the three (3) kinds of possessory
action?

Accion
interdictal

Accion
publiciana

Accion
reinvindicatoria
 Which court has jurisdiction over
possessory actions?
 Accion interdictal – MTC, regardless of the value of
real property and amount of damages or unpaid rentals.
 Accion publiciana – MTC or RTC, depending on the
assessed value of the real property.
 Accion reindivicatoria – MTC or RTC, depending on
the value of the real property.
What are the two causes of actions under
Rule 70?
 Forcible entry – an action to recover possession of a
property from the defendant whose occupation thereof is
illegal from the beginning since he acquired possession by
force, intimidation, threat, strategy or stealth.
 Unlawful detainer – an action for recovery of
possession from the defendant whose possession of the
property was lawful from the beginning, but became illegal
when he continued his possession despite the termination
of his right thereunder (Sarmieta vs. Manalite
Homeowners Association, 632 SCRA 538, 546).
Section 1, Rule 70 gives the two causes of
action
 a person deprived of the possession of any land or
building by force, intimidation, threat, strategy, or
stealth – forcible entry
 lessor, vendor, vendee, or other person against whom
the possession of any land or building is unlawfully
withheld after the expiration or termination of the
right to hold possession, by virtue of any contract,
express or implied – unlawful detainer
What should be alleged in forcible entry?

Plaintiff had prior physical possession.

That defendant deprived plaintiff of his

possession by means of force, intimidation,
threat, strategy or stealth (FITSS).
Please take note:

 Priorphysical possession is the primary

consideration in a forcible entry case. A
party who can prove prior physical
possession can recover such
possession even against the owner
himself (Antazo vs. Doblada, 611
SCRA 586).
 What is the meaning of prior
physical possession in forcible
entry cases?
 While prior physical possession is an indispensable
requirement in forcible entry cases, emphasis should be
made however that possession can be acquired not only by
material occupation, but also by the fact that a thing is
subject to the action of one's will or by the proper acts and
legal formalities established for acquiring such right.
 Possession can be acquired by juridical acts. These are acts
to which the law gives the force of acts of possession.
 Juridical acts were sufficient to establish the plaintiff's prior
possession of the subject property. (Mangaser vs. Ugay,
December 3, 2014).
 What should be alleged in the complaint for unlawful
detainer?
 Possession of the property by the defendant was by
contract with or by tolerance of the plaintiff.
 Such possession became illegal upon notice by the plaintiff
to the defendant of the termination of the latter’s
possession.
 Defendant remained in possession of the property and
deprived the plaintiff enjoyment thereof.
 Within one (I) year from the last demand on the defendant
to vacate the property, the plaintiff instituted the complaint
for ejectment (Romullo vs. Samahang
Magkakapitbahay ng Bayanihan Compound
Homeowners Association, 632 SCRA 411, 419-420).
 What is the effect if there is failure to
alleged facts necessary for forcible entry
and unlawful detainer?

 The jurisdictional facts must appear on the face of the

complaint. When the complaint fails to aver facts
constitutive of forcible entry or unlawful detainer, as
where it does not state how entry was effected or how
and when dispossession started, the remedy should
either be an accion publiciana or accion reinvindicatoria
(Jose vs. Alfuerto, November 26, 2012; Suarez vs.
Emboy, March 12, 2014).
 Forcible entry vs. unlawful detainer
 In forcible entry, there must be an allegation of prior
possession of the plaintiff; in unlawful detainer, the
allegation should how the possession of the defendant
becomes illegal.
 In forcible entry, demand to vacate is not needed; in
unlawful detainer, demand to vacate is a prerequisite.
 In forcible entry, the one-year period to file action should
be counted from the date of actual entry; while in unlawful
detainer the one-year period to file action must be
counted from the date of the last demand to vacate.
Please take note:
 When the entry is by stealth, the one-year period to file action
should reckoned from the discovery of entry (Nunez vs.
SLTEAS Phoenix Solutions, Inc., 618 SCRA 134, 142).
 When possession is by tolerance, it becomes illegal upon
demand to vacate by the owner and the possessor by tolerance
refuses to comply with such demand (Piedad vs. Gurieza,
June 18, 2014).
 The rule on tolerance does not apply in a case where there
was forcible entry at the start (Munoz vs. CA, 214 SCRA 216,
224). Hence, in this case, unlawful detainer is not the proper
remedy (Jose vs. Alfuerto, November 26, 2012).
 Nature of interdictal cases

 It is both real and in personam

 Unlawful detainer in
lease contract cases
 Unless otherwise stipulated, such action by the lessor
shall be commenced only after demand to pay or
comply with the conditions of the lease and to
vacate is made upon the lessee, or by serving written
notice of such demand upon the person found on the
premises, or by posting such notice on the premises if
no person be found thereon, and the lessee fails to
comply therewith after fifteen (15) days in the case of
land or five (5) days in the case of buildings (Sec. 2,
Rule 70).
 Demand is to “pay unpaid rental or
to vacate”. Will this make out a
case of unlawful detainer?
 No. It should be demand to pay and vacate.
 A demand in the alternative to pay the increased rental
or otherwise vacate the land is not a demand that will
give rise to an unlawful detainer case (Penas vs. CA,
233 SCRA 744, 747).
 What is the form of demand?
 Written notice of such demand upon the person
found on the premises, or by posting such notice on
the premises if no person be found thereon (Sec.
2, Rule 70).
 How about verbal demand?
 Yes (Jakihaca vs.Aquino, 181 SCRA 67)
 When is right to commence action in
lease contract?

 When the lessee fails to comply therewith after fifteen

(15) days in the case of land or five (5) days in the case
of buildings.
 “Tacita reconduccion”

 atthe end of the lease contract, the lessee

should continue enjoying the property
leased for 15 days with the consent of the
lessor, and no notice to the contrary has
been given, it is understood that there is an
implied ne lease contract (1670, CC).
What procedure should govern ejectment
cases?
 Exceptin cases covered by the agricultural
tenancy laws or when the law otherwise
expressly provides, all actions for forcible
entry and unlawful detainer, irrespective of
the amount of damages or unpaid rentals
sought to be recovered, shall be governed
by the summary procedure hereunder
provided (Sec. 3, Rule 70).
 Pleadings allowed

 The only pleadings allowed to be filed are

the complaint, compulsory counterclaim and
cross-claim pleaded in the answer, and the
answers thereto. All pleadings shall be
verified (Sec. 4, Rule 70).
 Can the court motu propio dismiss the
complaint?
 YES
 The court may, from an examination of the
allegations in the complaint and such evidence
as may be attached thereto, dismiss the case
outright on any of the grounds for the
dismissal of a civil action which are apparent
therein. If no ground for dismissal is found, it
shall forthwith issue summons (Sec. 5, Rule 5)
.
 Answer to Complaint
 Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a
copy thereof on the plaintiff. Affirmative and negative
defenses not pleaded therein shall be deemed waived,
except lack of jurisdiction over the subject matter.
 Cross-claims and compulsory counterclaims not asserted
in the answer shall be considered barred. The answer to
counterclaims or cross-claims shall be served and filed
within ten (10) days from service of the answer in which
they are pleaded (Sec. 6, Rule 70).
 Is there default in ejectment cases?

 NO.
 Should the defendant fail to answer the
complaint within the period above provided,
the court, motu proprio or on motion of the
plaintiff, shall render judgment as may be
warranted by the facts alleged in the
complaint and limited to what is prayed for
therein (Sec. 7, Rule 70).
 What should the court do in case
tenancy relationship is alleged in
the answer?

 Where tenancy is raised as a defense, the court must

conduct a hearing on the matter to determine the
veracity of the allegations of tenancy (Onquit vs.
Binamira-Parcia, 297 SCRA 354).
Procedure in the MTC
Filing of the
complaint

The court shall render

Filing of answers a judgment within 30
within 15 days days after the case
from summons shall have been
submitted for decision.

After receipt of
Preliminary preliminary conference
order, parties shall file
conference their position papers
within 10 days
 Immediate execution

If judgment is rendered
against the defendant,
execution shall issue
immediately upon motion.
 How to stay the execution of
judgment
 Appeal is perfected and the defendant files
a sufficient supersedeas bond, approved by
the Municipal Trial Court and executed in
favor of the plaintiff to pay the rents,
damages, and costs accruing down to the
time of the judgment appealed from. (Sec.
19, Rule 70).
 How to stay the execution of
judgment
 And during the pendency of the appeal,
he deposits with the appellate court
the amount of rent due from time to
time under the contract, if any, as
determined by the judgment of the
Municipal Trial Court. (Sec. 19, Rule
70).
 How to stay the execution of
judgment
 Inthe absence of a contract, he shall deposit
with the Regional Trial Court the reasonable
value of the use and occupation of the premises
for the preceding month or period at the rate
determined by the judgment of the lower court
on or before the tenth day of each succeeding
month or period (Sec. 19, Rule 70).
 Decision of the RTC is executory

 The judgment of the Regional Trial

Court against the defendant shall be
immediately executory, without
prejudice to a further appeal that may
be taken therefrom (Sec. 21, Rule 70).
 Rule 71
Contempt
 Direct contempt
 A person guilty of misbehavior in the presence of or
so near a court as to obstruct or interrupt the
proceedings before the same, including disrespect
toward the court, offensive personalities toward
others, or refusal to be sworn or to answer as a
witness, or to subscribe an affidavit or deposition
when lawfully required to do so, may be summarily
adjudged in contempt by such court (Sec. I, Rule 71)
 Penalty for direct contempt
 a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if it
be a Regional Trial Court or a court of equivalent or
higher rank, or
 by a fine not exceeding two hundred pesos or
imprisonment not exceeding one (1) day, or both, if it
be a lower court (Sec. 1, Rule 71).
Remedy of the person adjudged of direct
contempt
 The person adjudged in direct contempt by any court
may not appeal therefrom, but may avail himself of the
remedies of certiorari or prohibition. The
execution of the judgment shall be suspended pending
resolution of such petition, provided such person files a
bond fixed by the court which rendered the judgment
and conditioned that he will abide by and perform the
judgment should the petition be decided against
him.(Sec. 2, Rule 71).
 Acts constituting indirect contempt
 Misbehavior of an officer of a court in the performance
of his official duties or in his official transactions;
 Disobedience of or resistance to a lawful writ, process,
order, or judgment of a court;
 Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under Section 1 of this Rule;
 Acts constituting indirect contempt
 Any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of
justice;
 Assuming to be an attorney or an officer of a court, and
acting as such without authority;
 Failure to obey a subpoena duly served;
 The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him (Sec. 3, Rule
71).
 How is indirect contempt commenced?

 By order of the court, or a formal charge by the

offended court. This is in the nature of a show cause
order.
 By verified petition with full requirements of initiatory
pleading for civil action. It is treated as a separate case
to be docketed separately (Sec. 4, Rule 71).
 Where should the charge be filed?
 Where the charge for indirect contempt has been
committed against a Regional Trial Court or a court of
equivalent or higher rank, or against an officer appointed
by it, the charge may be filed with such court;
 Where such contempt has been committed against a
lower court, the charge may be filed with the Regional
Trial Court of the place in which the lower court is sitting.
 proceedings may also be instituted in such lower court
subject to appeal to the Regional Trial Court of such place
in the same manner as provided in Section 2 of this Rule
(Sec. 5, Rule 71).