CIVIL PROCEDURE NOTES 02/05/22

GENERAL PROVISIONS

Civil Procedure 1 – ordinary civil actions/cases; Initial Topic: JURISDICTION & VENUE
Civil Procedure 2 – provisional remedies and special civil actions/cases

JURISDICTION VS VENUE
JURISDICTION VENUE

The authority to hear and decide or determine a case Place where the case is to be heard and tried.
and to implement its decision.

Entirely separate from venue for civil cases. Unlike in

criminal cases, venue is likewise jurisdictional.

Covered by substantive law Covered by procedural law

 There must be a law that provides/gives  The ROC has something to do with venue.
jurisdiction to the court.  Rules of Civil Procedure
 BP 129 – Judiciary Reorganization Act
RA No. 11576

Establishes the relation between the court & the subject Merely establishes the relation between disputing
matter of the case parties to the controversy (civil action).

 Subject matter of the case – could be a thing,

action, particular act; One that pertains to the
civil case that has been filed in court.
It is always fixed by law. May be agreed upon by the parties to the controversy.

Laws that govern jurisdiction: Agreement of parties

 BP 129  The controlling matter or one that governs the

 RA No. 11576 venue of civil cases.
 Primary Link/Option: Residence of the plaintiff.
But it may also be in the residence of the
defendant, but it depends on what the plaintiff
will choose.

NOTE: If parties cannot decide, then Rule 4 of Rules of

Civil Procedure is applied.

 This provides the specifics on how to deal with

venue on civil cases.

BP 129 – Judiciary Reorganization Act

 Provides specifics for the jurisdiction of the courts.

RA No. 11576
 Law that expanded the jurisdiction of the MTC & RTC.
 Effective last August 21, 2021
 Actions involving title or possession of real property or any interest thereto, within jurisdiction of RTC
o Jurisdictional amount: P400,000 (no more distinction if outside/inside Metro Manila)
 Within the jurisdiction of the MTC
o Jurisdictional amount: P399,999 and below
 Civil cases with a sum of money amounting to P2M -> RTC
 Civil cases with a sum of money amounting to P1,999,999 and below -> MTC
o Purpose: To unclog the docket in the RTC

QUESTION: Which court has the jurisdiction to hear & try a case involving sum of money in the amount of P5M?
ANSWER: Cognizable by the RTC under the present law which is RA No. 11576 wherein it increased the jurisdictional
amount up to P2M. Therefore, the one who will file a case cannot file before the MTC.

NOTE: Venue lang ang mapag-usapan ng parties, never ang jurisdiction nito.
ERROR OF JURISDICTION vs ERROR OF JUDGMENT
ERROR OF JURISDICTION ERROR OF JUDGMENT

There is error when the court where the civil case is filed The court before which the civil case has been filed HAS
has NO JURISDICTION. JURISDICTION.

The judgment rendered by the court is void or at the very The judgment rendered by the court will be considered a
least voidable because the court has no jurisdiction valid judgment/decision, therefore, the said court has
whatsoever. the authority to hear/try the case.

For the aggrieved party, if you want to question the

judgment of the court because it is not in accordance
with the evidence presented during the trial, it is called
error of judgment.

REMEDY: File a petition for certiorari REMEDY: File an appeal

 Anchored on the fact that the judgment is  The decision given by the court which has
rendered by a court which has no jurisdiction jurisdiction is considered valid and final despite
over the case. having error in judgment, hence, the aggrieved
 A special civil action in instances regarding party should file an appeal.
matters where the court acted in excess of its
jurisdiction.

QUESTION: Is it possible to have both error of jurisdiction and at the same time error of judgment?
ANSWER: No, it cannot be because error of judgment happens only when the one who issues a decision has jurisdiction
over that particular case. The only problem is the manner by which the court issued its decision, i.e. the decision is not in
accordance with the evidences presented during trial. Jurisdiction is not even an issue in error of judgment. On the other
hand, the issue in error of jurisdiction is on the authority of the court to even hear the particular civil case.

CLASSIFICATION OF COURTS (In re: Jurisdiction)

1. Court of General Jurisdiction
 Actions/cases incapable of pecuniary estimation – there are civil cases which don’t actually involve sum
of money because the prayer for the said case is not for the recovery of a particular sum of money.
a. Breach of Contract wherein the aggrieved party was not able to perform a specific performance.
o INTENTION: To do a specific act, not settle a sum of money.
b. Actions for support – no fixed amount.
o 2 things must be considered:
i. There is a capability to actually provide support.
ii. The needs of the one who is entitled to receive support.
c. Foreclosure of mortgage – talks about the concern regarding foreclosure of the mortgage.
d. Annulment of judgment
e. Action for recission of contract
 Where to file: RTC – Court of General Jurisdiction
 Exception: If a particular civil action under the law/rules specifically states that it should be filed before
the MTC.
2. Court of Special or Limited Jurisdiction
 These courts can only determine very specific cases.
o BP 129 as expanded by RA No. 11576 – cases on the sum of money up to the amount of
P1,999,999 are cognizable by MTC (becomes limited jurisdiction); To file in RTC if outside the
jurisdictional amount (P2M and above).
3. Court of Original Jurisdiction – initial filing of the civil case
4. Court of Appellate Jurisdiction – after it is originally filed in a particular court, and you want to question the
decision or be reversed, an appeal should be filed.
5. Court of Superior Jurisdiction
6. Court of Inferior Jurisdiction
7. Constitutional Court – courts established in pursuance to the constitution.
 Supreme Court
 Sandiganbayan – to try cases involving government officials (salary grade 27 and above).
8. Statutory Court – court created pursuant to the national law/statute (created by Congress/Legislature)
 Court of Appeals (CA)
 Court of Tax Appeals (CTA)
 RTC
 MTC, MeTC, MCTC, MTCC
9. Court of Exclusive Jurisdiction – this is the court that can only take cognizance of a particular case.
  Ex. Ejectment cases, forcible entry, unlawful detainer – exclusively within the jurisdiction of MTC
10. Court of Concurrent Jurisdiction – 2 or more courts can take cognizance for a certain case.
 Ex. Petition for Certiorari – kind of case that may be filed either in RTC or CA or SC because all of these
courts have concurrent jurisdiction over a petition for certiorari.
 NOTE: If filed with SC first, the case will be dismissed because one must observe the hierarchy of courts.
11. Court of Delegated Jurisdiction
 Ex. Cadastral cases, agrarian reform cases – cases generally discussed in DAR but pursuant to the law, the
RTC is given a delegated jurisdiction to become agrarian courts/cadastral courts in order to resolve issues
pertaining to the implementation of the previous CAR (Comprehensive Agrarian Reform) Law.

REQUISITES BEFORE THE COURT CAN EXERCISE JURISDICTION OVER CERTAIN ASPECT OF CASES:
1. Over the person of the plaintiff
 Court acquires jurisdiction upon the filing of the complaint by the plaintiff, or upon the filing of the
petition by the petitioner, or upon the filing of the initiatory pleading of the case.
 Plaintiff – one who files the civil case
 Petitioner – one who files the petition
2. Over the person of the opposing party – defendant/respondent
 Court acquires jurisdiction through:
a. Coercive process – through the issuance of summons in situations where the defendant/respondent
stays silent. The summons directs them to file an answer within a specific period.
b. Voluntary process – defendant/respondent decides to file an answer to the complaint/petitioner.
 Defendant – defending party against plaintiff
 Respondent – opposing party against petitioner
3. Over the subject matter of the case
 Subject matter of the case – thing, act, or contract
 The law will provide for it and it will tell us whether the court has acquired jurisdiction over the subject
matter of the case.
4. Over the issue of the case
 The court can determine the issue from the pleadings submitted by the parties.
 If it cannot be determined, then it is determined during pre-trial.
 Pre-trial – procedure prior to the trial proper wherein parties discuss the specifics of the case in order to
abbreviate the proceedings, to agree on the number of witnesses, to agree on certain tax, or to agree on
the issues that will be resolved in the court.
5. Over the res – thing involved in the case
 Through seizure
a. Actual seizure – with actual takeover of possession
b. Constructive seizure – it remains with the agency only that a certain fact is annotated on the title
thereto.

QUESTION: What law determines the jurisdiction of a civil case?

ANSWER: The law on jurisdiction is applicable at the time of the filing of the civil case, not at the time that the alleged
violation was committed. Therefore, the law in force at the time of the filing of the civil case and not the law on
jurisdiction at the time the alleged violation was committed shall prevail.

ILLUSTRATIVE CASE: Breach of contract, collection of sum of money/damages. At the time of the alleged violation, it is
still within the jurisdiction of the MTC. This happened 2 years ago. But the jurisdictional amount has been
modified/expanded thru the enactment of a law so at the time of its filing, it is no longer within the jurisdiction of the
MTC but that of the RTC. Which court should you file the case: MTC or RTC?
ANSWER: It should be filed with the RTC because at the time the case is filed, it is already within the jurisdiction of the
RTC in pursuance to the certain law that was enacted.

JURISDICTION OF VARIOUS COURTS:

1. Original jurisdiction (SC) – Sec. 2, Art. 8, 1987 Constitution
2. Appellate jurisdiction (SC) – Sec. 30, Art. 6, 1987 Constitution
3. Jurisdiction of the court as Presidential Electoral Tribunal (SC) – Sec. 4, Art. 7, 1987 Constitution
4. Jurisdiction of the court to review factual basis for the declaration of Martial Law and suspension of writ of
Habeas Corpus (SC) – Sec. 18, Art. 7, 1987 Constitution

*Search for more courts and their jurisdiction with corresponding legal basis.

ILLUSTRATIVE CASE #1:

Dagul filed for a complaint for the recovery of P5M from Daday. Which court should Dagul file his action?
ANSWER: RTC. It is because pursuant to BP 129 as amended and as stated in RA 11576 expanding the jurisdiction of the
MeTC/MTC, the jurisdictional amount of P5M falls within the jurisdiction of the RTC. P3M and beyond covers RTC’s
jurisdiction.

ILLUSTRATIVE CASE #2 (Same situation in previous Illustrative Case):

However, Dagul was only able to prove that he is only entitled, based on evidence, to the amount of P500,000 only (to
which it is cognizable by the MTC). Can RTC still render judgment in this civil case?
ANSWER: YES, RTC can still render judgment. This is because the declaration/valuation given by the plaintiff in his
pleading at the time of the filing of the case determines the jurisdictional amount. In addition to this, RTC is also
considered a court of general jurisdiction so that even later on even if what was proven is only for the amount of
P500,000 that is below the supposed jurisdictional amount of the RTC, the same court can still render judgment.
ILLUSTRATIVE CASE #3 (Reverse facts):
The claim of Dagul was only for the amount of P500,000 and therefore it is cognizable by the MTC but during the trial,
what was proven was for the amount of P3.5M. Should the MTC proceed to render judgment in the amount of P3.5M?
ANSWER: YES, because the valuation of the plaintiff in his initiatory pleading shall determine the jurisdictional amount
but what the MTC will render is P500,000 only.

NOTE: Last Illustrative Case has an unsure explanation but it is Dean’s answer to the facts given. To continue discussion
about it next meeting.

CIVIL PROCEDURE NOTES 02/19/22

NOTE: If one of the 3 elements of cause of action is missing, there is no cause of action.

SOURCES OF OBLIGATION – corresponding legal rights of the plaintiff (Art. 1157, Civil Code)
1. Law
2. Contract – entering into agreement with another thereby being bound to the terms & conditions of the contract
you entered into.
3. Quasi-contract – there is no agreement between the parties but the law states that there is a contract and
therefore you have to comply.
4. Delicts
5. Quasi-delicts

RULE: Every civil action, whether ordinary civil action or special civil action, must always be founded on the cause of
action.
 Ordinary civil action – governed by Ordinary Rules (Rule 1-56)
 Special civil action – governed by Rules 57-72
EXCEPTIONS:
1. Expropriation – one of the inherent powers of the state to take a private property for public use upon payment
of just compensation. Here, the intruder may also file the civil action.
2. Declaratory relief – scenario wherein the petitioner comes to court for the proper interpretation of a doubtful
provision in a contract/ordinance/law/written document. In effect, the petitioner hasn’t really breached or acted
or omitted anything that violated the rights of another since he is seeking declaratory relief from court.
3. Interpleader – one is in possession of a personal property but admits that he is not the actual owner of the
property and there a various claimants for it. In effect, the petitioner is one who is not even interested in the
property.

DETERMINATION OF CAUSE OF ACTION - Allegations in the pleadings except the prayer for relief.

FAILURE TO STATE THE CAUSE OF ACTION

 There is inability on the part of the plaintiff to state in its allegations, the elements of the cause of action.
 There is cause of action only that the plaintiff fails to present the same in his complaint.
 EFFECT: Dismissal of the case

LACK OF CAUSE OF ACTION – There are no factual basis for the elements of the cause of action.

QUESTION: Is this an absolute rule that failure to state the cause of action will result to dismissal of the case?
ANSWER: According to Rule 16, one of the grounds for a motion to dismiss is failure to state a cause of action. But the
answer to this is NO because there are instances where the case would still proceed even when there is failure to state
the cause of action. The following instances are:
  Representative party – The case was filed not by the party of interest but by the authorized person, through
special power of attorney. In effect, the one (representative party) who filed the case has no cause of action or
has no legal right to demand from the defendant but nevertheless, the case will still proceed.
 Unwilling co-plaintiff – In this scenario, the willing co-plaintiff will be the one to file the civil action which might
lead to a lacking element of cause of action.
 Class suit – There should only be parties who will bring the suit who are sufficient to protect the interest of the
group (e.g. fisherfolk, indigenous groups).
o REQUISITES:
1. Common or general interest (identifiable) in the subject matter.
2. The affected parties are so numerous thereby making it impractical to bring all of them in court.

QUESTION: Can there be cause of action even if the complainant/plaintiff is not injured?
ANSWER: YES, because the existence of injury or damage is not included in the definition of the cause of action. It is
enough that there is an act or omission that was committed by the defendant in violation of the right of the plaintiff but
damages/injuries weren’t necessarily implied in the definition or elements of the cause of action.

FACTORS THAT PREVENT A CAUSE OF ACTION FROM ACCRUING (ACCUMULATING):

1. Compliance with barangay conciliation – in relation to Katarungang Pambarangay Law (RA No. 7160)
o Certain cases must pass through barangay conciliation first before directly filing in court, otherwise, it
will be dismissed for non-compliance with the prerequisites of the said law.
o PURPOSE: To try and come up with the solution before going to court.

o MODES OF SETTLING DISPUTES:

a. Conciliation – third party (conciliator) studies the dispute and later on comes up with a solution
to which he will offer to the disputing parties. It is up to the said parties whether to accept that
offer of solution coming from the conciliator.
b. Mediation – third party (mediator) discusses the dispute together with the disputing parties and
they try to come up with the solution to the problem. Mediator actively participates with the
disputing parties.
c. Arbitration – the parties to the dispute agrees to refer the matter to a third party
(arbitrator/arbiter). Whatever may the arbiter’s decision will be, it is binding between the said
parties. – e.g. Labor Cases
o NOTE: Certificate to File Action – to be filed by the barangay if it failed to settle the dispute of parties; It
should be attached with the complaint so that if the civil case is filed in court, it will not be dismissed
due to lack of certification.
2. Exhaustion of efforts or settlement between and among family members
o Family Relations (in the Family Code) – relationship between:
a. Husband and wife
b. Parents and children
c. Other ascendants and descendants
d. Between siblings, whether full or half-blood
o Efforts must have been exhausted trying to resolve the conflict between and among the family
members. If no such efforts were exhausted, even if you have the cause of action in the civil case, your
case will not proceed.
o REMEDY: You must allege that you have exhausted all efforts to settle the dispute among family
members.
3. Principle of exhaustion of administrative remedies
4. Certification against forum shopping
o To attach with the complaint and attesting that you are trying to assure the court that this case has not
been filed in any other court/forum but only in this court.

CLASSIFICATION OF CIVIL ACTIONS (PURPOSE: venue and subject matter):

1. Personal Action
 If what you intend to recover are personal properties or to enforce a contract and to claim damages.
 VENUE: Residence of parties involved, either in the residence of the plaintiff, or the residence of the
defendant, or option of the plaintiff.
2. Real Action
 If what you intend to recover is a real property.
 VENUE: Province or city where the property lies or is situated.

CLASSIFICATION OF CIVIL ACTION (PURPOSE: determining the binding effect):

 1. Action in Personam – action that is directed against the particular person, therefore, the binding effect is only
against that particular person and no one else.
2. Action in Rem – action that is directed against the property, res, or the thing itself and not the particular person,
therefore binding effect is against the whole world.
3. Action Quasi in Rem – action wherein the defendant is a particular person and yet the objective is to bind the
thing or res.

CLASSIFICATION OF CIVIL ACTION (PURPOSE: venue where the action may be filed):
1. Local Action – it can only be filed in a particular or fixed place.
 Ex. Real action
2. Transitory Action – it can be filed anywhere at the option of the parties.
 Ex. Personal action

RULE: There must only be 1 suit for a single cause of action.

 1 right violated from 1 unlawful/wrongful act – 1 cause of action
 2 rights violated from 1 wrongful act
o 1 person = 1 cause of action
o 2 persons = 2 causes of action

SPLITTING OF THE CAUSE OF ACTION

 One files many suits/cases in different courts which leads to its dismissal.
 2 suits filed arising from 1 cause of action.

QUESTION: Can there be a single cause of action and 2 suits?

ANSWER: NO, because the effect of such (splitting of cause of action) would result to dismissal of the case on the
grounds of the following:
 Litis Pendentia – Sec. 1, Rule 16, ROC
o There is a case which has been filed during the pendency of the similar case.
 Violation of the rule against forum shopping – Sec. 5, Rule 7, ROC
o It is a requirement that in your pleading, you have to indicate a certification against forum shopping
stating that you did not file the same case with the same cause of action in different courts/forums so
that when the court, upon learning that there was another case filed, they would know about the
undertaking you made beforehand. Failure to do so would lead to dismissal of the case.
o RATIONALE: In order to avoid the possibility that there could be conflicting decisions which are not good
to judicial stability.
o Best ground to invoke (as counsel of the defendant) - dismissal will be with prejudice because an
undertaking was already made and assurance was given to the court that there aren’t any similar cases
filed in different courts and the defendant deliberately omitted these facts through the certification
against forum shopping.
 Res Judicata – Sec. 1, Rule 16. ROC
o Bar by prior judgment
o There is already a suit arising from the cause of action but ended up losing on that case so in res
judicata, one refiles the case on the same cause of action which in effect, would lead to dismissal of the
case.

JOINDER OF CAUSES OF ACTION

 It is not compulsory; It is merely permissive or discretionary upon the court to whether or not allow the joinder
of different causes of action.
 One must need to prove something or to present a specific condition before the court so that they will allow the
joinder.
 CONDITIONS:
1. You have to present to the satisfaction of the court that you have observed the rules of joinder of parties.
2. Joinder shall not include special civil actions or actions governed by special rules.
3. Causes of action between the same parties but pertain to different venues/jurisdiction should be filed in
the RTC provided that one of the causes of action falls within the jurisdiction of the said court and the
venue lies therein.
o REASON: RTC is a court of general jurisdiction
4. Totality Test or Totality Rule – Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
 CIVIL PROCEDURE NOTES – 02/26/22
ADDITIONAL TOPICS FROM PREVIOUS DISCUSSIONS

NOTE: The following topics pointed out below are additional facts from Dean that he forgot to mention during his
previous discussions. The rest of the details are already in the previous notes. Thank you. 😊

ROC is not self-executing.

 The provisions of the ROC will just be there and won’t be applied unless invoked.
 How to invoke – filing the initiatory pleading/complaint/petition.
 Once invoked, you can now apply the provisions of ROC.
 RULE: All courts in the PH are expected to follow the provisions of the ROC.
 EXCEPTION: Supreme Court – may not apply the ROC in the case especially if the said provisions cannot render
justice to the case.
o Rationale: Art. 8, 1987 Constitution – SC has the power to promulgate rules and procedures that will be
used in courts for the inexpensive and speedy disposition of cases.

GUIDELINES/PARAMETERS TO BE CONSIDERED IN CIVIL CASES

1. Jurisdictional amount
 Personal Action (BP 129): P300,000 (within Metro Manila); P400,000 (outside MM)
 Personal Action (RA No. 11576): P2M – cognizable in the RTC
 Real Action (BP 129): P20,000 value of real property (outside MM); P50,000 value of real property (within
MM)
 Real Action (RA No. 11576): P400,000
2. Nature of action – you don’t consider the amount involved
 Example / Instances:
a. Ejectment cases – real action involving real properties but it doesn’t consider the amount due to its
nature.
b. Incapable of pecuniary estimation – RTC, since it is a court of general jurisdiction.
 NOTE: BP 129 does not expressly provide that RTC is a court of general jurisdiction but by inference or by
reading the entire context of BP 129, we can say that indeed, RTC is a court of general jurisdiction. It was
expressed that in the event that the case cannot make an assessment or evaluation whether it is
cognizable by the MTC or RTC because the law on jurisdiction does not provide for it, then it will be
cognizable by the RTC.

EQUITY JURISDICTION – or equitable doctrine or doctrine of compassionate justice

 Does the court always consider equity jurisdiction in rendering judgment or handling a particular case?
o NO, because BP 129 provides for specific jurisdictions as well as RA No. 11576. The court will only take
into consideration equitable doctrines whenever the law is incomplete or has a gap in pursuance to
Article 9 of the Civil Code wherein the court or judge shall not refuse in rendering judgment if there is
incompleteness of the law.

ADHERENCE TO JURISDICTION
 Once the court acquires jurisdiction over the case, the court continues to exercise its jurisdiction over the case
even if later on it is found out in the proceedings that the circumstances presented during the trial are actually
providing a scenario that the court should not have jurisdiction in the first place.
 Since the court already had jurisdiction at the time the case was filed, then it should have jurisdiction until the
completion of the case.

EJECTMENT CASES
 Cognizable within the MTC
 The actual amount of damages suffered by the plaintiff must relate to reasonable rentals and this can be
decided by the court (MTC) even if it is more than its jurisdictional amount.

Sec. 4, Rule 1 of the Rules of Civil Procedure – provisions of the ROC can still be applied in these specific cases cited
under the said rule but it must be applied suppletory or by analogy in accordance with the specific rules these cases are
governed by.

NOTE: Annexes should be considered in determining the presence or absence of a cause of action in the body of the
complaint, not in the prayer.
ILLUSTRATIVE CASE:

Actual claim – P400,000 (cognizable by the MTC)

Damages – 1M
Interest – 2M
Attorney’s Fees – 3M
Cost of Litigation – 5M
Other charges – 1M
TOTAL CLAIM = P 12.4 M

RULE 1: For purposes of determining the jurisdiction of the court, EXCLUDE damages, interest, attorney’s fees, cost of
litigation, and other charges in the computation. Only the actual claim is considered.

RULE 2: For purposes of determining the appropriate filing fees, damages, interest, attorney’s fees, cost of litigation, and
other charges are INCLUDED in the computation.

EXPROPRIATION CASES
 An instance of real action and incapable of pecuniary estimation.
 Involves real properties and at the same time it does not focus on the value of the property but rather focuses
on the necessity of the taking of the property.
 Jurisdiction: RTC, because it will take into consideration first that this case is incapable of pecuniary estimation.
Also, the amount of the property is not really the controlling point in the filing of the case. The said amount is
only necessary for just compensation thereof.

3 INHERENT POWERS OF THE STATE:

1. Police power
2. Eminent domain
3. Taxation

REQUISITES IN EXERCISING EMINENT DOMAIN:

1. Necessity – it is presumed that the taking of the property is necessary for public use.
2. Taking of the private property
3. Public use
4. Just compensation

QUALIFICATIONS OF VIOLATION OF THE RULE AGAINST FORUM SHOPPING: Must be DELIBERATE on the part of the
plaintiff.
 If not deliberate, then dismissal is without prejudice and the case can be refiled.
 If deliberate, then dismissal is with prejudice, hence, the case cannot be refiled.

JOINDER OF PARTIES – it is merely permissive or discretionary upon the court whether or not to allow the joinder of
parties.
 Guidelines:
1. That the right to relief arises from a same transaction or series of transactions.
2. That the question of law or fact is common to all the plaintiffs or the defendants.
3. The joinder is prohibited by the rules on jurisdiction and venue.

MISJOINDER OF CAUSE(S) OF ACTION

 Effect: It will not lead to the dismissal of the case but it will be dealt with separately upon the initiative of the
court or upon the proper motion of the parties.

RULE 3 – PARTIES TO THE CIVIL ACTION

PARTIES IN THE CIVIL ACTION

1. Natural persons – human beings
2. Juridical persons – those entities created by operation of the law; Not supposed to have life but the law gives life
to such entities (Art. 44 of the Civil Code).
 State and political subdivisions– community of persons, more or less numerous, occupying on a certain
fixed portion of a territory, having a government of its own, and free from control, both external and
internal.
 Created for public purpose
 Created for private purpose – Corporations, partnerships, associations
 3. Entities authorized by law – an entity that is recognized to have a personality and therefore can be a party to the
civil action.
 Labor organizations
 Roman Catholics
 Partnerships in the exercise of profession
 State of the deceased person
 Political parties – registered with the COMELEC

ANITA MANGILA vs COURT OF APPEALS, ET AL (GR No. 125027, 12 August 2002)

 Ruling/Held: The law merely recognizes sole proprietorship as a form of business organization, not a natural or
juridical person, because business organizations are not isolated or separable from the legal personality of the
person handling it.
 It’s not empowered to file an action in court because it has no personality whatsoever.
 Remedy: The natural person owning it has the personality so he can demand or file an action in court.

DESIGNATION OF PARTIES
 Plaintiff/complainant– one who initiates the case in ordinary civil actions
 Defendant – defending party in ordinary civil actions
 Petitioner – one who initiates the case in special civil actions
 Respondent – defending party in special civil actions
 Complainant – one who initiates the case in criminal cases
 Respondent – defending party in the prosecutor’s office (criminal cases)
 Accused – defending party once in court (criminal cases)

REQUISITES FOR A PARTY IN AN ORDINARY CIVIL ACTIONS

1. Must be natural person, juridical person, or an entity authorized by law.
2. Must have the legal capacity to sue or be sued.
3. Must be a real party in interest.

REAL PARTY IN INTEREST – one who stands to be benefited/injured of the final judgment in the case; can come from
either the plaintiff or the defendant.

CLASSIFICATIONS OF PARTIES IN INTEREST:

1. Indispensable party – a party that must be impleaded in the case because without whom, there can be no final
determination in the case.
 In cases for support – the indispensable parties are the ones entitled for the support and the one who has
the obligation to support.
2. Necessary party – one who is not an indispensable party but must be impleaded so that there would be a
complete relief to be accorded to those already parties to the case.
3. Representative Party – a participant in the action in representation of the real party in interest
(beneficiary/principal)
4. Pro Forma Party
5. Quasi Party

CIVIL PROCEDURE NOTES – 03/05/22

QUESTION (re: Joinder of Causes of Action): If the conditions for the joinder of causes of action are present, does it
follow that the joinder will now be obligatory or mandatory?
ANSWER: NO, because the joinder of causes of action is simply permissive on the part of the court. It is still up to the
court to allow the said joinder.

QUESTION (re: Joinder of Parties): If all the conditions for joinder of parties are present, does it follow that the joinder
of parties will be obligatory or mandatory?
ANSWER: NO, because the joinder of parties is likewise permissive on the part of the court. It is up to the court to allow
the said joinder.

NOTE: For different causes of action, there must be different suits as well.

BASIC RULE OF JOINDER OF PARTIES: If the conditions are not met, then the joinder of parties will be DENIED by court.
But if all conditions are met, still it is not an assurance that the joinder of parties will be allowed because it is permissible
on the part of the court.
PERFORMANCE OF AN OBLIGATION THAT IS PAYABLE BY INSTALLMENTS (Bar Matter)
Illustrative Case: When there is failure to pay on the first installment (January), it will be equivalent to 1 cause of action.
Therefore, a suit may be filed for its payment. If on the following months (February and March), the payment is not also
settled, then it gives rise to another cause of action (1 each month). This occurrence would lead to joinder of causes of
action.

RULE 3 - PARTIES TO THE CIVIL ACTION

NOTE: Dean repeated his discussion about Parties to the Civil Action. See previous notes for reference.

ILLUSTRATIVE CASE (Re: Real parties in interest – Plaintiff & Defendant):

In A vs. B, A is the plaintiff and B is the defendant. A won the case which makes him the benefited party and therefore,
making him also a real party in interest. However, this does not mean that B is not a party in interest because as defined,
a real party in interest also stands to be injured. Therefore, in this situation, the defendant is also considered a real party
in interest. Vice versa, if B wins the case, then he is the benefited party while A is the injured party. Still, this makes them
real parties in interest.

RULE (Re: Real Parties in Interest): Applies to BOTH plaintiff and defendant, whether injured or benefited.

QUESTION: Can there be final determination in the suit even if the necessary party is not impleaded?
ANSWER: YES, there can be final determination even if the necessary party is not impleaded because the purpose for
such is in order to have a complete relief of the case to the already parties.

ILLUSTRATIVE CASE:
A is the plaintiff and the possible defendants are B and C. The obligation is for the amount of P1M (P500,000 each).
However, the problem is that the obligation is solidary (plaintiff can claim for the entire amount from either one of the
defendants). So, A filed against B only. Is this allowed?
ANSWER: YES, because C is merely a necessary party. Hence, there can still be final determination because the nature of
the obligation is solidary. However, there can be no complete relief because later on, B will file suit against C for his
share (P500,000) of the P1M obligation which would serve as a reimbursement.

QUESTION: What is the effect if the indispensable party is not impleaded?

ANSWER: There can be no final determination if the indispensable party is not impleaded.

SUPERLINES INC. vs PNOC (2007 Case)

 This is in relation to non-joinder of indispensable parties.
 HELD: The SC stated that the non-joinder of indispensable parties is not a ground for dismissal. The
indispensable parties are simply added either upon motion of the plaintiff or upon the court’s initiative. Effect of
not impleading this would be that there can be no final determination of the case.

BACALSO vs PADIGOS (2008 Case)

 HELD: The non-inclusion of the indispensable parties in a case is a ground for dismissal of the same but without
prejudice, meaning it can still be filed. However, in the next filing, the indispensable party must be included.

TALIORIN vs TARONA (2009 Case)

 HELD: The SC stated that the non-inclusion or the non-joinder of the indispensable party shall make the entire
proceedings void.
 REMEDY: The court may require the inclusion of the indispensable party of the case, so much so that if the
plaintiff fails to include the indispensable party, pursuant to Rule 17, Sec. 3 or the ROC, the case can be
dismissed because of non-compliance by the plaintiff of the court order.

QUESTION: What will be the effect if the necessary party is not impleaded?
ANSWER: Pursuant to Sec. 9, Paragraph 3, Rule 3 of ROC, the non-inclusion of the 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 who was not impleaded.

NOTE: There are instances where the court fails to indicate in its judgment that it is without prejudice to the rights of the
necessary party. The necessary party who was not impleaded must therefore file an APPEAL!
 Without the appeal, then he can no longer file a case involving the same cause of action because it will violate
the principle of one cause of action is equal to one suit.
 If another case is filed without filing of appeal by the necessary party, it will be dismissed on the grounds of Res
Judicata (bar by prior judgment) since the judgment has reached its finality already.
ILLUSTRATIVE CASE: During the trial, the court ordered the plaintiff to implead the necessary parties but the plaintiff did
not do so. Can the court dismiss the case simply because the plaintiff simply refuses to follow a court order?
ANSWER: NO, the court cannot dismiss the case but failure to comply with the order for the inclusion of such, without
justifiable cause, shall be deemed a WAIVER OF THE CLAIM of the plaintiff against the necessary party who is not
impleaded. – Sec. 9, Paragraph 2, Rule 3 of ROC

REPRESENTATIVE PARTIES
 RULE: If an action/case is brought by the representative party, the principal or the beneficiary must be included
or impleaded in the case – MANDATORY INCLUSION

QUESTION: If a representative party is given the power/authority to compromise, does it include the power to arbitrate?
ANSWER: NO, it is NOT included because it would then become inconsistent with the power given to him which is to
compromise the case. If the case will be the subject matter of an arbitration, then it’s as if the representative party is
delegating what has been delegated to him.

ILLUSTRATIVE CASE:
Dagul (representative party) filed a case on behalf of Dick (beneficiary/principal). It was found out later on that Dick did
not authorize Dagul to file the case. What is the consequence of that?
ANSWER: The case will be dismissed on the grounds for lack of jurisdiction over the person of the plaintiff (Dick). It is
as if the case was never filed and it is without prejudice to possible sanction – contempt of court – against Dagul.

CLASSIFICATIONS OF PARTIES IN INTEREST:

6. Indispensable party – a party that must be impleaded in the case because without whom, there can be no final
determination in the case.
 In cases for support – the indispensable parties are the ones entitled for the support and the one who has
the obligation to support.
7. Necessary party – one who is not an indispensable party but must be impleaded so that there would be a
complete relief to be accorded to those already parties to the case.
8. Representative Party – a participant in the action in representation of the real party in interest
(beneficiary/principal).
9. Pro Forma Party – One who is required to be impleaded/joined/included in the title of the case in name only.
Those who are required to be joined as co-parties in suits by or against another party as may be provided by the
applicable substantive law or procedural rule.
 EXAMPLE: Annulment of judgment in court – it is required that the judge who also rendered the judgment
must be impleaded by virtue of his office.
10. Quasi Party – a party in whose behalf a class or representative suit is brought.
 EXAMPLE: Class suit

MISJOINDER OF PARTIES
 At any rate, because he was wrongfully joined as a party, he will also receive notices coming from the court.
Upon receiving the notices or upon knowledge of the inclusion, he should make the necessary manifestations.
 The misjoined parties may be removed upon motion or he simply has to manifest that he is not included in the
case.
 If the court continues the case and there are no manifestations whatsoever and then the judgment has been
rendered, that cannot be questioned anymore for the first time on appeal.

MINORS AS REAL PARTIES IN THE CIVIL ACTION

 Minors can be real parties in the civil action as long as they are assisted by his mother, or father, or in their
absence, a legal guardian or guardian at litem (guardian appointed by the court).

INCOMPETENT PARTIES IN THE CIVIL ACTION

 Same as minors, they must also be assisted by their legal guardians or guardian at litem.

CIVIL PROCEDURE NOTES – 03/12/22

RULE 4 – VENUE OF ACTIONS

VENUE – Venue is entirely different from jurisdiction when it comes to ordinary civil actions because it is simply a place
where the case is filed.

JURISDICTION – The authority of the court to try, to decide, and implement the decision.
QUESTION: When is Rule 4 properly applied?
ANSWER: Rule 4 is applied after the action is filed in court in relation to the jurisprudence in previous discussions that
the rules are applicable once it is invoked in the initiatory pleadings. However, it is not mandatory or automatically
applied since there are exceptions to this rule as stated in Section 4, Rule 4 of the ROC. Such provision stipulates that
the proper time to apply Rule 4 is when after the filing of the case, the parties do not stipulate the venue of the case .

REQUIREMENTS BEFORE RULE 4 CAN BE APPLIED:

1. Made after filing of the case
2. The parties did not stipulate the venue of the case.

CONDITIONS FOR VALID STIPULATION OF VENUE:

1. Must be in writing – not valid if done verbally
2. Made before filing of the action
3. Characterized by exclusivity

NOTE: The stipulation in writing as to the venue of a case made before filing of the same must be exclusive, so much so
that if these conditions are not met, then it is as if the stipulation is not valid. Therefore, upon the filing of the case, you
can now apply the rules on venue.

ILLUSTRATIVE CASE: Dagul and Dick are business partners. Part of their written agreement is that whenever there is a
conflict or disagreement between them in the manner of administering the business, the said dispute must be submitted
for resolution before a proper court in Bacolod only. Now that there is a disagreement between Dagul and Dick, the
latter filed the case in La Carlota City. Is this proper?
ANSWER: NO, because it was already stipulated in writing that they will file in Bacolod City. The following conditions as
to identifying the validity of the stipulation of venue were all met. The statement “must be submitted for resolution
before a proper court in Bacolod ONLY” indicates exclusivity.

WHERE RULE 4 CANNOT BE APPLIED (EXCEPTIONS) – Section 4, Rule 4, ROC:

1. Cases where a specific rule or law provides otherwise.
2. Where the parties have validly agreed in writing (or has already stipulated) before the filing of the action on the
exclusive venue thereof.

VENUE OF A REAL ACTION

 RULE: Province or city where the real property, that is the subject matter of the case, is situated.
 Real action – has the following elements:
1. Action involves real property or interest thereto
2. Involves the following issues – title, ownership, and possession of real property

VENUE OF A PERSONAL ACTION

 RULE: Province or city where the plaintiff resides
 Personal action – all other actions aside from those stated above are considered personal actions.
1. If the plaintiff seeks to recover a personal property.
2. If the plaintiff seeks to recover damages.
3. If the plaintiff seeks to enforce a contract.

ILLUSTRATIVE CASE: Dagul has a cause of action against Dick. Dagul is the resident of Bacolod City while Dick is a
resident of Bago City. The nature of the action is breach of contract, and therefore it is a personal action. If Dagul will file
the case, where is the proper venue?
ANSWER: Dagul (plaintiff) may either file in Bacolod City or Bago City, at his election.

ILLUSTRATIVE CASE (related to the situation above): What if Dick is a non-resident of the Philippines, particularly in UK,
where is the proper venue?
ANSWER: Dagul (plaintiff) should file the case where Dick (defendant) was last found in the PH. It was implied in the case
that at some point, Dick was able to come here in the PH before he went back to UK so the ruling on this issue would be
to file the case where he was last found.

NATIONALITY – membership in a political community.

 Kinds of Nationality
1. Citizenship - membership in a particular political community (either democratic or republican)
o Philippines – both democratic and republican political community
o Filipino Citizens
o Filipino Nationals – broader perspective
2. Subjects – membership in a monarchial political community
 o United Kingdom, Thailand
o British subjects, never British citizens
o British Nationals – broader perspective

CIRCUMSTANCES TO CONSIDER IN IDENTIFYING THE PROPER VENUE OF A PERSONAL ACTION:

1. If the defendant is a resident of the PH, then the venue would be:
a. Place of residence of the plaintiff
b. Place of residence of the defendant at the election of the plaintiff
2. If the defendant is a non-resident of the PH but may be found within the PH, then the venue would be:
a. Place where he may be found
3. If the defendant is a non-resident of the PH and also not found in the PH
a. To determine if the personal action will affect the status of the said defendant – venue: place of
residence of the plaintiff
b. To determine if the personal action will affect the property that is situated in the PH of the said
defendant – venue: the place where the property is situated.

NOTE: What is avoided is the possibility that the filing of the case will be exercised in futility. The purpose is also for the
benefit of the plaintiff so that the court can give a speedy and inexpensive trial.

*Review again the definition of Action in rem, Action in personam.

VENUE OF ACTION IN REM AND ACTION IN PERSONAM

 The provisions in Rule 4 only mentions personal and real actions. There are no provisions stating about actions in
rem and actions in personam. But in identifying so, the venue is stipulated by the parties.
 If there is no such stipulation, then first we have to identify if the actions are real or personal before we can
apply the rules on venue on actions in rem or actions in personam.

GO CHAN VS GO CHAN (GR No. 131889; March 12, 2001)

 The SC made the qualification as to whether this specific performance of delivering an instrument involving a
real property is a real action or a personal action.
 They said this is a real action if the purpose of the instrument is to acquire ownership over the property. But if
the purpose is for mere registration, then the action is said to be personal.

ILLUSTRATIVE CASE:
The situation is Dagul vs Daday for Ejectment and the title of the case is “Complaint for Ejectment”. However, in the
allegations of the complaint it is found that it is in the nature of complaint for damages. What is the nature of the action
for purposes of identifying the venue of the case?
ANSWER: It is a personal action because it involves a complaint for damages. We won’t consider the fact that the title of
the case is “Complaint for Ejectment” since what is important is the averments or the allegations in the complaint, not
the title of the same. The rule is that if there is inconsistency between the title and the averments in the complaint, the
allegations will prevail. The title will simply be amended afterwards.

CIVIL PROCEDURE NOTES – 04/30/22

RULE 8 – MANNER OF MAKING ALLEGATIONS IN THE PLEADINGS

BASIC RULE: The pleading should ONLY contain a direct statement of the ULTIMATE FACTS on which the pleader relies
his claim or defense, OMITTING the statement of mere evidentiary facts.

ULTIMATE FACTS - These are those which either directly form the basis of plaintiff’s right or directly make up the liability
of the defendant.

HOW TO PRESENT THE ULTIMATE FACTS?

1. If it is based on law
 The provisions and its applicability shall be clearly and concisely stated.
2. If it is based on jurisprudence
 Cite the facts of that case and point out the similarities to the present case.
3. If based on conditions of the mind
 General averment is enough
4. If based on fraud and mistake
 There must be a particular averment so that the opposing party can controvert them.
5. If based on conditions precedent
  General averment of the performance or occurrence is enough
6. If based on judgment of local/foreign court or quasi-judicial tribunal
 Cite the decision without mentioning matters showing jurisdiction to render it.
7. If based on official document/act
 There must be an averment that the document was issued or the act was done in compliance with the law.

EVIDENTIARY FACTS – These are those necessary to prove the ultimate facts.

ACTIONABLE DOCUMENT – this is a document that is the direct basis of the claim or defense.

PERMISSIBLE WAYS OF PLEADING AN ACTIONABLE DOCUMENT:

1. By stating the substance of the document and attaching the said document as annex.
2. By stating said document verbatim.

EFFECT IF PROPERLY PLEADED (ACTIONABLE DOCUMENT):

 Equivalent to an implied admission from the opposing party on its genuineness and due execution.

EXCEPTIONS (If actionable document is properly pleaded):

1. The opposing party is not a party to the document.
2. An order for inspection of the document was not complied with.

MANNER OF DENYING AN ACTIONABLE DOCUMENT WHICH HAS BEEN PROPERLY PLEADED:

 Must be specifically denied under oath.

MANNER OF MAKING SPECIFIC DENIAL:

1. By specifically denying the averment, setting forth the substance of the matters relied upon.
2. Deny a part of the averment, setting forth his ground, and admits the other part.
3. Alleging lack of knowledge or information sufficient to form a belief as to the truth of the averment.

NEGATIVE PREGNANT – A form of denial which is abundant with admission.

RULE 9 – EFFECT OF FAILURE TO PLEAD

DEFENSES AND OBJECTIONS

 RULE: They are deemed waived if not pleaded in an answer.
 EXCEPTIONS:
1. Lack of jurisdiction over the subject matter
2. Litis pendentia
3. Res judicata
4. Prescription of action

AVERMENTS IN THE COMPLAINT

 RULE: They are deemed admitted if not specifically denied under oath.
 EXCEPTIONS (Averment deemed admitted even if not specifically denied):
1. As to damages
2. Immaterial and irrelevant averments
3. As to marriage
4. Petition for amparo
5. Petition for habeas data
 Averment deemed admitted even if specifically denied: If denial is NOT under oath.

ORDER OF DEFAULT
 An order issued by the court on plaintiff’s motion, with notice to the defendant, at the start of the proceedings
for failure of the defendant to file his responsive pleading on time.
 FEATURES:
1. This order cannot be issued motu proprio
2. Not allowed in summary procedure
3. An interlocutory order
 EFFECT: A party declared in default cannot take part in the trial, but is entitled to notice of subsequent
proceedings.
  It is discretionary on the court whether to set aside an Order of Default, upon motion, and allow the filing of an
Answer even beyond the reglementary period for as long as no substantial right of the plaintiff is prejudiced.

ALTERNATIVE AND SUCCESSIVE REMEDIES OF A PARTY PROPERLY DECLARED IN DEFAULT:

1. Motion to set aside the order of default
 CONDITIONS:
a. Under oath
b. Filed any time after discovery of such order and before the judgment
c. Accompanied by affidavit of merits
d. Show proof of meritorious defense
2. Motion for new trial under Rule 37
 CONDITIONS:
a. The party did not file the Remedy No. 1, or if it is filed, it was denied.
b. Under oath
c. Filed any time after service of judgment by default but before it becomes final and executory.
d. Accompanied by affidavit of merits
e. Show proof of meritorious defense
3. Appeal the judgment by default
 CONDITIONS:
a. The party filed to take remedy No 2, or if it is filed, it was denied.
b. Filed any time after service of judgment by default but before it becomes final and executory.
4. Petition for relief from judgment
 CONDITIONS:
a. The party failed to take any of the first 3 remedies
b. Under oath
c. Filed within 60 days from notice of judgment, but within 6 months from entry of judgment.

REMEDIES OF A PARTY IMPROPERLY DECLARED IN DEFAULT:

1. Motion to set aside order of default
 CONDITIONS:
a. Under oath
b. Filed any time after discovery of such order and before the judgment
2. Certiorari under Rule 65
 If the Order of Default is not lifted thru motion, and even without waiting for the Judgment by
Default.
 Also available even when there is already Judgment by Default because the challenge is not on the
merits of the judgment but on the nullity of both Order of Default and the Judgment by Default.
 Filed within 60 days from notice of judgment.

SETTING ASIDE OF THE ORDER OF DEFAULT

 RULE: Defendant is restored to his standing and rights in the action, but the proceedings already taken are not
to be disturbed.
 EXCEPTIONS: In the interest of justice, the court may allow to re-open the evidence of the plaintiff so that the
defendant can cross-examine it.

JUDGMENT BY DEFAULT – A judgment rendered by the court after its issuance of the Order of Default, when evidence
for the plaintiff has been received ex-parte.

AWARD IN JUDGMENT BY DEFAULT

 Only those alleged and proved may be awarded.
 There are no unliquidated damages to be awarded.
 If the claim is not proved, the case should be dismissed.

PARTIAL DEFAULT – When common cause of action is alleged against several defendants, one of whom seasonably filed
his answer while others were declared in default.
 RULE: The answer of the one who filed a responsive pleading shall benefit those who were declared in default if
it succeeds in defeating the plaintiff’s claim.
 EXCEPTIONS:
1. When the defenses alleged by the answering co-defendant is personal to him
2. When the answering co-defendant died thereby dismissing the case as to him

ILLUSTRATIVE CASE
Daday filed a case for specific performance against Dagul and Dick who are co-lessees of apartment that she owns. Dagul
filed his answer but Dick failed, hence, was declared in default.
QUESTION: Can Dick validly testify in the trial of the case as a witness for Dagul?
ANSWER: YES. Dick is not disqualified from taking the witness stand for his co-defendant because what is forfeited is his
right as a party-litigant only. If Dick is not allowed to testify, then the defaulting defendant (Dagul) would also be
deprived of the testimony of the party in default and thus will suffer the consequences of the defaulting co-defendant’s
procedural omission.

RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS

AMENDED PLEADINGS SUPPLEMENTAL PLEADINGS

It refers to facts existing at the same time of the filing of It refers to facts arising after the filing of the action.
the action.

It results in the withdrawal of the original action. It merely adds to the original action.

Its filing can be a matter right. Its filing is always with leave of court.

It can introduce a new cause of action. It cannot introduce a new cause of action.

EFFECTS OF AMENDED PLEADING

1. Original pleading is deemed withdrawn.
2. Admissions made in the original pleading can still be received in evidence against the pleader.
3. Claims and defenses alleged in the original pleading which are not reiterated in the amended pleading are
waived.
4. The provisional remedies sought in the original pleading shall automatically have no effect.

CIVIL PROCEDURE NOTES – 05/07/22

RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS

AMENDED PLEADINGS SUPPLEMENTAL PLEADINGS

It refers to facts existing at the same time of the filing of It refers to facts arising after the filing of the action.
the action.

It results in the withdrawal of the original action. It merely adds to the original action.

Its filing can be a matter right. Its filing is always with leave of court.

It can introduce a new cause of action. It cannot introduce a new cause of action.

Does not retroact to the date of the filing of the original Retroacts to the date of the filing of the original pleading.
pleading.

Statute of limitation continues to run until the filing of Statute of limitation is no longer running.
the amended pleading.

EFFECTS OF AMENDED PLEADING

5. Original pleading is deemed withdrawn.
6. Admissions made in the original pleading can still be received in evidence against the pleader.
7. Claims and defenses alleged in the original pleading which are not reiterated in the amended pleading are
waived.
8. The provisional remedies sought in the original pleading shall automatically have no effect.
9. The statute of limitations continues to run.

MANNER OF AMENDING PLEADING

 A new copy of the entire pleading shall be filed, incorporating the amendments which shall be indicated by
appropriate marks.
 NOTE: New amended pleadings must be underlined, or italicized, or changed font.

AMENDMENT TO A PLEADING:
 As a matter of right
 o Done before a responsive pleading is served.
o CONDITIONS:
1. When there have been no responsive pleadings filed yet.
2. When it is the first time to file such amendment.
o In the case of a reply – amended as a matter of right anytime within 15 days after it is served.
o ILLUSTRATIVE CASE: Daday filed a complaint against Dick on March 1, 2022. The reglementary period to
file an answer is 30 calendar days, hence, last day to file such answer will be on March 31, 2022. Dick
filed his responsive pleading (answer) on March 15 and sent it through PhilPost (service by registered
mail). Fast forward to March 30, Daday wants to file an amendment to her complaint. Can she do so?

o ANSWER:
 YES, as a matter of right, Daday can file an amendment to her complaint even if Dick’s answer
was filed on March 15 through service by registered mail. Such service would only be completed
upon actual receipt of the addressee. On the other hand, if the service is done by ordinary mail,
she can still file an amendment to her complaint but it is with leave of court. Such service would
only be completed upon mailing date.
 By leave of court
o CONDITIONS:
1. Amendment after the responsive pleading has been served.
2. Amendment for the second or subsequent time, even before a responsive pleading is served.

IMPROPER AMENDMENTS
1. If the court has no jurisdiction over the original complaint and the purpose of the amendment is to confer such
jurisdiction.
2. If the amendment would result in delay.
3. If the amendment would change the cause of action or defense, or would change the theory of the case to the
prejudice of the adverse party.
 This only applies if the amendment is with leave of court.
4. If the original complaint has no cause of action and the purpose of the amendment is to introduce a
subsequently-accrued cause of action.

AMENDMENT WHEN THERE IS “FAILURE TO STATE A CAUSE OF ACTION”

 This can still be amended as a matter of right because there still is a cause of action. It is different when there is
“no cause of action”.
 REMEDY (when amendment as a matter of right is refused by court): Mandamus

FORMAL AMENDMENT
 When there is a defect in the designation of the parties, or clerical or typographical errors, these may be
summarily corrected at any stage of the action motu proprio or upon motion.

AMENDMENT TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE

 If the evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the
court may allow the amendment upon motion of any party, at any time, even after judgment, if the court
acquires jurisdiction over the issues not alleged in the original pleading and the same were tried and evidence
thereto had been introduced with the express or implied consent of the parties, because it is as if these issues
were intended in the pleading.

RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS

WHEN TO FILE AN ANSWER

 RULE: Within 30 calendar days from service of summons.
 EXCEPTIONS:
1. Answer by non-resident defendant on whom extraterritorial service of summons was made (60 days).
2. Answer by foreign private juridical entity (60 days).
3. Answer to amended complaint as a matter of right (30 days).
4. Answer to amended complaint not as a matter of right (15 days).
5. Answer to supplemental complaint (20 days).
 6. Answer to counterclaim/crossclaim (20 days).

WHEN TO FILE A REPLY

 Within 15 days from service of the answer.

EXTENSION OF TIME TO FILE RESPONSIVE PLEADING

 Applies to ANSWER only.
 Extension is only a matter of exception insofar as the filing of answer is concerned.
 RULE: The motion for extension may be heard and granted ex parte. The court may even allow the filing of a late
responsive pleading in the interest of substantial justice.
 EXCEPTION: If extension is necessary on justifiable grounds, it must be sought prior to the lapse of the
reglementary period.

SHORTNEING OF TIME TO FILE RESPONSIVE PLEADING

 While courts can extend the time for filing at its discretion, it CANNOT SHORTEN the time to do so.

COMPUTATION OF REGLEMENTARY PERIOD TO FILE RESPONSIVE PLEADING

 The reglementary period is interrupted by the filing of a pleading.

THE NEYPES RULE (Domingo Neypes, et. al. vs Court of Appeals (GR No. 141524, September 14, 2005)
 Known as the “Fresh Period Rule”
 A party-litigant should be allowed a fresh period of 15 days within which to file a notice of appeal in the RTC,
counted from receipt of the order dismissing or denying a motion for new trial or motion for reconsideration, so
as to standardize the appeal periods provided in the ROC and do away with the confusion as to when the 15-day
appeal period should be counted.

SUMIRAN vs DAMASO (GR NO. 162518; August 19, 2009)

 The ruling in Neypes, being a matter of procedure, must be given retroactive effect and applied even to actions
pending in this Court.

ILLUSTRATIVE CASE
 Daday filed a case for sum of money with damages against Dagul, who was served with summons on March 9,
2022. On April 7, 2022, Dagul filed a motion to dismiss the case citing that the claim is already paid. The motion
was denied for lack of merit pursuant to an order which Dagul received on May 2, 2022.
 QUESTION: Can Dagul still file his Answer to the complaint?
 ANSWER: The filing of a motion should not interrupt the reglementary period. So therefore, the answer is NO.
The reglementary period to file a responsive pleading (Answer) is not interrupted by the filing of a motion
(except a motion for BILL OF PARTICULAR), only a pleading can.
 Motion – an application in writing other than a pleading.
 NOTE: Under the NEYPES RULE, a motion for new trial and motion for reconsideration can now interrupt the
reglementary period.

CIVIL PROCEDURE NOTES – 05/15/22 (SPECIAL CLASS)

RULE 12 – BILL OF PARTICULARS

BILL OF PARTICULARS
 Considered as a right of the defendant to file such motion if the 2 conditions are present (see conditions below).
 However, approval of such motion is discretionary upon the court.
 EFFECT: Suspends/interrupts the reglementary period (30 calendar days) to file the responsive pleading
(Answer).

CONDITIONS:
1. That the motion is filed within the period to file a responsive pleading (30 calendar days).
2. He must prove to the court that the allegations made are indeed vague and uncertain.

PURPOSES OF A BILL OF PARTICULARS:

1. To properly prepare a responsive pleading.
2. To prepare an intelligent answer.

BILL OF PARTICULARS, DENIED

  Defendant has to file the answer to the complaint within the balance of the reglementary period, counting from
the receipt of the notice of the order of denial of such motion, since the period will now resume.
 If the balance is less than 5 days, the rule provides that he is given 5 calendar days to file the responsive pleading
(answer).

BILL OF PARTICULARS, GRANTED

 The complainant has to comply and file a bill of particular, upon receipt of the order granting the defendant’s
motion, within 10 calendar days.
 The complainant has the option to:
o File a bill of particular in a separate pleading.
o File an amendment to his/her complaint incorporating in his amendment complaint, such clarifications
needed by the defendant.
 WHEN WILL DEFENDANT FILE AN ANSWER: The defendant must wait until the Bill of Particular is served upon
him before he can file his responsive pleading/answer.
o The balance of the reglementary period will resume thereafter.
o If balance is less than 5 days, still he is given 5 calendar days within which to file his responsive
pleading/answer.

DADAY VS DICK
 A complaint was filed by Daday. Upon the service of summons to Dick, he is given 30 days to file his Answer
(Responsive Pleading). If he sees in his assessment that the allegations in the complaint of Daday are vague and
uncertain, then he has the right to file a Motion for Bill of Particulars. Dick filed on the 29 th day from the time he
received the Summons, the Motion for the Bill of Particulars.
 QUESTION: What is the effect?
 ANSWER: Upon the filing of such motion, it suspends the reglementary period to file a responsive pleading.
However, if the motion is denied then Dick is to file his responsive pleading in the balance of 1 day of the
reglementary period allowed by the Rules to file such responsive pleading. Take note that this is counted from
the notice of the order denying such motion. (Please take note of the statement below)
 (Continuation) Let’s say, Dick filed the motion on the 26 th day. The balance thereof is 4 days. If this motion is
denied, upon receipt of the notice of the order of denial, then the reglementary period to file the Answer will
resume to run.
 NOTE: The Rules say that the balance spoken thereof should not be less than 5 days. If it is so, he is given extra 5
calendar days to file a responsive pleading.
 (Continuation) Let’s say the balance of the reglementary period is 10 days, can Dick avail of the extra 5 calendar
days to file his Answer? NO, he cannot do so. He can file his Answer within the remaining 10 days only.

EFFECT OF NON-COMPLIANCE OF THE COMPLAINANT TO FILE A BILL OF PARTICULAR

 The whole pleading, or the portion that is mentioned in the motion for the bill of particular, will either be
stricken off entirely or partly.

BILL OF PARTICULARS, WHERE NOT APPLICABLE

 REASON: These cases are governed by specific or special rules in a suppletory manner.
1. Summary proceedings – these are merely based on pleadings wherein the court can simply make a
resolution to such pleadings presented.
2. Small claims cases
3. Environmental law cases
4. Petitions for writ of amparo and writ of habeas data – courts can simply dismiss/deny such if it is vague or
uncertain because filing of such petitions need particularity as stated in its specific rules.

RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGMENTS, AND OTHER PAPERS

FILING
 The act of submitting the pleading or other paper to the court – branch clerk of court.

MANNERS OF FILING THE PLEADING OR OTHER PAPERS TO THE COURT

1. Personal submission
 2. Registered mail
3. Accredited courier
4. Electronic means or facsimile (fax)

WHEN SHOULD THESE PLEADINGS AND OTHER PAPERS BE FILED?

ANSWER: Filing must be within the reglementary period of such pleadings or other papers, as provided by the rules.

PROOF OF FILING
 Personal submission
1. Stamp “received” by the clerk of court
 Registered mail
1. Registry receipt
2. Affidavit that must be executed by the person who mailed/filed that document thru the registered mail
facility of the Philippine Postal Corporation
 Accredited couriers
1. Affidavit executed by one who brought this document/pleading to the private courier
2. The official receipt of the private courier
3. Tracking number that will be issued by the accredited courier
 Electronic means/mail
1. Affidavit by the one who performed the electronic filing
2. The paper copy of the document transmitted must also be presented
 Facsimile
1. Affidavit of the one who sent the pleading/other document (or court paper)
2. Electronic acknowledgment of the one who sent the fax

SERVICE
 The act of providing a party with a copy of the pleading or any other court submission.

MANNER OF SERVICE OF THE PLEADINGS OR OTHER COURT SUBMISSIONS

1. Pleadings/motions/notices/orders/resolutions which are NOT final
a. Personal service - this is done by simply delivering a copy to the party-litigant (personal delivery).
o If the party is represented by a counsel, service of such document/pleading must be made to
such counsel on record.
o It could also be served upon the authorized representative of the party as mentioned in the
party-litigant’s pleading.
o Supposing if the person to which the document/pleading should be served is not found, the
service can be done by leaving a copy in the office of the party, or in the office of his counsel (if
he has one), with a person in charge of that office.
o If there are no offices found, or there are no persons found in the office of the party or the office
of the counsel, service can be done by leaving the copy between 8am and 6pm at the residence
of that party or counsel or authorized representative of the party-litigant, with a person of
sufficient age and discretion residing therein.
 Sufficient age: At least 18 y/o

b. Registered mail
o Go to the postal corporation and deposit a copy of the pleading/other document, sealed in an
envelope, and addressed to the residence of the party (if known), or to his office.
o This must be prepaid by the one who will send such documents to the other party.
o With specific instructions to the
o If it is not available in a certain area, ordinary mail may be accepted.
c. Substituted service
o It is done by delivering the copy of the pleading/other paper to the branch clerk of court with
proof of failure to serve such papers through personal services or registered mail.
d. Electronic means – email, fax (facsimile)
o These can only be availed if the party consents to these modes of service.
o At present, the parties as well as their counsels or authorized representatives, must provide their
email addresses as well. Should they want to change their contact details, the court must also be
notified thereof immediately.
e. International conventions – where PH is a signatory
2. Judgments/final orders/final resolutions
a. Personal service
 b. Registered mail
c. Publication – service of judgments/final orders/final resolutions can be done thru publication provided
that summons was also served by way of publication.
d. Accredited courier – if there’s ex parte motions to avail of such, then it is allowed.

PRIORITIES IN SERVICE
 RULE: Personal service is always the priority.
o There is no need to explain because this is the priority or preferred mode of service.
o Personal filing is also the priority or the preferred mode of filing.
 EXCEPTION: Other modes
o Registered mail
o Substituted service
o Electronic means
o International conventions
 NOTE: If the other modes are availed of, explanations must be offered to justify the service of these documents
or pleadings other than the personal service – AFFIDAVIT!
 NOTE: If you avail of these exceptions, the judge can consider that the papers filed/served are not valid.

DADAY VS DAGUL (Illustrative Case)

 The present case is breach of contract. It was filed last April and the case was raffled before RTC Branch 50
because the claim is more than P2M. On May, another case involving practically the same party and the same
cause of action was filed, and subsequently the same was raffled before the RTC.
 QUESTION: Can Dagul raise the fact that there is already a prior case involving the same parties and the same
cause of action so that the 2nd case will be dismissed (avail notice of lis pendens)?
 ANSWER: NO, because the notice of lis pendens pertains only to real actions (involved real properties). Breach
of contract is a personal action, hence, Dagul cannot avail the notice of lis pendens.

NOTICE OF LIS PENDENS

 Notice at the instance of the interested party wherein he/she initiated the notice and claims for an affirmative
relief at any time during the pendency of the case because the previous action is still pending before the court.
 This involves the same cause of action and the same parties.
 An action affecting the title and right of possession of real properties pending which is why the notice thereof
must be recorded with the Registry of Deeds where the property is situated. Such recording is considered as a
constructing notice to the whole world.
 PURPOSE: The notice annotated by such person, if he wins the litigation, has the better right over any other
persons who might have interest on the property.

RULE 14 – SUMMONS

SUMMONS
 Court will direct the branch clerk of court to issue summons within 5 calendar days from receipt of the initiatory
pleading, if the complaint is not dismissible and the docket fees have been duly settled.
 A writ or process issued by the branch clerk of court after the said court has acquired jurisdiction over the
subject matter of the case.
o If there’s no jurisdiction over the subject matter of the case – dismissal of the complaint.
 PURPOSE: To acquire jurisdiction over the person of the defendant, provided that the summons was validly
issued upon him.
 NOTE: If the defendant responded to the complaint without the summons, it is considered as a voluntary
submission before the court.

SUMMONS SUBPOENA

Available in civil cases Available in criminal cases

Issued after the court acquires jurisdiction over the Issued before the court acquires jurisdiction over the case
subject matter of the case

Here, jurisdiction is already had by the court. PURPOSE: To acquire jurisdiction over the case.

CONTENTS OF SUMMONS
 Directive for the defending party to answer the complaint and the annexes which are attached to that summons.
  Notice that unless the defendant answers within the reglementary period to file an answer, then the plaintiff will
take judgment by default.
o Here (judgment by default), it is possible that the prayer of the plaintiff for relief may be granted in the
judgment by default.
 A reminder not to file a motion to dismiss.
o Instead, if you have grounds for such, you must cite those as affirmative defenses in your Answer for
MTD is no longer included in the Rules. MTD is now considered as a prohibited motion under Rule 15.
 A reminder to use the available modes of discovery.
o There is a requirement under the present rule that when authorized by the court or upon ex parte
motion, it can also be indicated in the summons the authority that is given to the plaintiff to serve the
summons to the defendant.

NOTE: Upon ex parte motion, plaintiff (with the sheriff) can also FILE summons against the defendant, of course with the
court’s approval.

WHO CAN SERVE SUMMONS?

 Process server
 Sheriff/Deputy
 Any person authorized by the court (upon justifiable reasons)
 Plaintiff - Upon ex parte motion, plaintiff (with the sheriff) can also serve summons against the defendant, of
course with the court’s approval.
o EXCEPTION: If outside of the judicial region of the court, the plaintiff can serve summons alone.

MISREPRESENTATION OF THE SERVICE OF SUMMONS

 EFFECT: Dismissal with prejudice – cannot be refiled by the plaintiff. All of the proceedings will be null and void
and worse, there will be sanctions imposed upon the plaintiff (e.g. contempt of court).

VALID MODES TO SERVE SUMMONS:

1. In person (or personal service) - by handing a copy of the summons to the defendant. But if the defendant
insists on refusing to receive such summons, you may leave the copy in his view and presence then the
sheriff/process server will report such circumstance in the Sheriff/Process Server’s Return.
2. Substituted service - resorted to when personal service fails but there must be a justifiable explanation as to
why you resorted to substituted services.
3. Publication – newspaper of general circulation accredited by court.
 NOTE: Mere publication is not enough. It must be coupled with the sending of the hard copy of the
summons and the complaint with the attachments to the last known address of the defendant through
registered mail.
 It may only be allowed with prior leave of court on the following instances:
i. If the defendant is unknown
ii. If the whereabouts of the defendant is unknown
iii. If it is determined that the defendant is temporarily out of the country
iv. If defendant is a non-resident and not found in the country and the suit is in rem (involves
properties) or quasi in rem

PROOF OF SERVICE/NON-SERVICE OF SUMMONS

 Certifications – Sheriff’s Return/ Process Server’s Return (usually issued by those who can serve summons)
 Summons through Return card – if thru substituted service

PURPOSE OF SERVICE OF SUMMONS

 When there is proper service of summons, it will now commence the reglementary period to file an answer. If
the defendant fails to do so, the plaintiff may move for issuance of default order.

PURPOSE OF NON-SERVICE OF SUMMONS

 The plaintiff may ask for “alias summons”.

PROPER PERSONS TO WHOM SUMMONS MUST BE SERVED (See Rule 14)

 Defendant
 Substituted service
o Leaving copies of summons at the residence of the defendant to a person at least 18 y/o and of
sufficient discretion residing therein.
 o Leaving copies in the office or regular place of business of the defendant to a competent person who
customarily receives correspondences for the defendant.
o Leaving copies with any officers of the homeowners’ association or condominium corporation, or chief
security officer in charge where the defendant resides or is found.
o Sending e-mail to defendant’s e-mail address (if allowed by court).
 Entity without juridical personality
 Prisoners – through the head of the jail facility/warden (they are deemed deputized as special sheriff for the
purpose of handing the summons to the prisoner)
 Service consistent with international conventions
 Minors, insane and incompetents – parents, legal representatives/guardians
 Spouses – if they are sued jointly, each of them shall receive individual summons
 Domestic private juridical entity – president, managing partner, general manager, corporate secretary,
treasurer, in-house counsel
 Foreign private juridical entities
 Public corporations
 Defendant whose identity or whereabouts are unknown
 Defendant does not reside and is not found in the PH – Extraterritorial Service
 Residents temporarily out of the PH (but ordinarily resides in the PH)

NOTE: If refused on at least 3 attempts on 2 different dates, summons may be served electronically, upon approval of
the court.

NOTE:
 If the defendant is the Republic of the PH, summons must be served to the Solicitor General (OSG – Office of the
Solicitor General).
 If the defendant is the LGU, summons must be served on the local chief executives.
o Province (Defendant) – Serve summons to Governor
o City (Defendant) – Serve summons to Mayor

MANNER OF ACQUIRING JURISDICTION OVER THE DEFENDANT IN AN ACTION IN PERSONAM (IN RE: SUMMONS)
1. Resident Defendant
a. Voluntary appearance – act of asking for an affirmative relief without questioning the jurisdiction of the
court as to him (voluntarily submitting yourself to the court).
b. Valid service of summons
i. In person (personal service)
ii. Substituted service
iii. Publication
2. Non-resident Defendant
a. Voluntary appearance – act of asking for an affirmative relief without questioning the jurisdiction of the
court as to him (voluntarily submitting yourself to the court).
b. Valid service of summons IN PERSON within the PH

EXTRATERRITORIAL SERVICE OF SUMMONS (REQUISITES):

1. It is always by leave of court – no extraterritorial service of summons without approval of court.
2. Defendant is a non-resident who is outside the PH OR Resident of the PH but is temporarily out of the country
3. Case is an action in rem or quasi in rem

CIVIL PROCEDURE NOTES – 06/12/22 (SPECIAL CLASS)

RULE 15 – PROHIBITED MOTIONS

MOTION
 Application for relief and must therefore contain the relief being sought by the party. After all, the essence of
the motion is in the application for relief.
 You must also include the ground, the affidavits and other necessary documents to support your application for
relief.

CLASSIFICATION OF MOTIONS:
1. Ex parte motions
o Considered as non-litigious/non-litigating motions because the rights of the opposing parties will not be
prejudiced by these motions.
o Being an ex parte motion, this must be decided/resolved by the court within 5 calendar days.
 o Ex. Motion to file an extension of time to file an answer to the complaint; motion for postponement;
motion for issuance of alias summons – submitted to the discretion of the court
o Alias summons – under the present rule, there is no expiry for summons thereby making the summons
valid until it has been duly served.
2. Litigated motions
o These are motions which will prejudice the rights of the opposing parties and it is for this reason that this
motion must be heard before this motion may be given resolution by the court.
o Opposing party is given 5 calendar days to submit his opposition to the litigated motion.
o Upon submission of the opposition or in the absence of such, the court is now given 15 calendar days to
resolve the litigated motion.
o Ex. Motion for bill of particulars – always subject to hearing
o Ex. Motion to dismiss – once it is granted, it will certainly prejudice the right of the party
3. Written motions
o General Rule: motions must be in WRITING.
o Before it is actually considered by the court, the one who filed the motion must show proof that the
opposing party was provided with a copy of the said motion.
4. Oral motions
o Also entertained but is given during the course of the trial.
o Issued when there is immediate need for such.
o Must also be resolved IMMEDIATELY by the court but of course must go through due process.
o Poses as an EXCEPTION to the general rule which is that motions should be in writing.

OMNIBUS MOTION RULE

 Any motion with an intention to attack or question a pleading of the other party or even the order/judgment of
the court, all the available objections at the time of filing of the motion must be included in the said motion.
 Failure to do so are deemed WAIVED.
 EXCEPTION (Objections anchored on the following):
1. Lack of jurisdiction over the subject matter
2. Litis pendentia (pending litigation)
3. Res judicata (bar from prior judgment)
4. Prescription of action
The same will not be deemed waived because these are exceptions to the OMNIBUS MOTION RULE.

RULE EXCEPTIONS

Motions must be in writing. Oral if it is made in open court in the course of the trial.

All motions must be litigated. Ex parte motions (non-litigious) – if granted, these will
not prejudice the opposing parties.

3 Days Notice Rule – parties are informed 3 days before Ex parte and urgent motions – doesn’t observe 3 days
the hearing of the motion. notice rule or the parties agreed to a shorter notice.

Motion day – scheduled on a Friday Those requiring immediate actions (ex parte
motions/urgent motions); motions that may be resolved
in open court during the course of the proceedings.

NOTE: Even if it is an ex parte motion as long as it is written, you must take note of the date of notice and obtain proof
of service to the opposing party.

PROHIBITED MOTIONS
1. Motion to Dismiss – previously Rule 16 but was removed in the amended ROC since it is included as a prohibited
motion.
 EXCEPTIONS (MTD is allowed when on the grounds of the following):
i. Lack of jurisdiction over the subject matter
ii. Litis pendentia (pending action)
iii. Res judicata
iv. Statute of limitations (prescriptions)
2. Motion to Hear the Affirmative Defense
  While there is no longer MTD, the grounds enumerated in the previous rules can be utilized the same as
affirmative defenses. However, you cannot file a motion to hear your affirmative defenses since the
same can be presented before the court.
3. Motion for Reconsideration (of the decision of the court after presenting of your affirmative defenses)
4. Motion to suspend proceedings
 This is not absolute. This may be given consideration by the court provided that you attach the TRO or
injunction as decided by a higher court. Without such, the mere motion to suspend proceedings will be
considered as a prohibited motion.
5. Motion for extension to file pleadings and other submissions before the court (judicial affidavits, etc.)
 Under the present rule, the only allowed extension is the period of time to file answers (Rule 11).
6. Motion for postponement
 Presumption is always that it is intended to DELAY the proceedings.
 WHEN ALLOWED:
i. Reason for postponement are fortuitous events / acts of god / force majeure
ii. There is substantial proof of your inability to appear before the court

QUESTION: what is nature of dismissal of the mtd if granted under the certain grounds stated previously (lack of
jurisdiction over subject matter, litis pendentia, res judicata, prescription)?
ANSWER: With prejudice – complaint can no longer be refiled (Adjudication on the merits). Remedy: APPEAL.

QUESTION: The Court resolved your affirmative defense in your favor and effect is dismissal of the complaint, what is
the nature of such dismissal?
ANSWER: With prejudice – complaint can no longer be refiled (Adjudication on the merits). Same is true if the obligation
is paid/extinguished/unenforceable/violates the statute of frauds.

ILLUSTRATIVE CASE:
Dick filed a case against Daday for collection of sum of money alleging that the latter is indebted to him by P1M. Dick
filed the complaint before the RTC. Daday filed her counterclaim saying that Dick is indebted to her by P2.5M. Can Daday
still file a MTD the complaint on the ground of lack of jurisdiction over the subject matter?
ANSWER: No, because Daday filed a counterclaim that has a jurisdictional amount that is within the jurisdiction of the
RTC. This cures Dick’s original complaint. This is now considered an estoppel by laches. Therefore, she can no longer
question the jurisdiction of the court over the original complaint of Dick.

MTD, IF DENIED: What is the nature of such denial?

ANSWER: interlocutory order- it’s not yet a final order hence, it is not appealable.

MTD, IF GRANTED: What is the nature of such?

ANSWER: Final order – can now be appealed.

NOTE: Previous Rule 16 enumerates the grounds for motion to dismiss which under the present rule is considered as a
prohibited motion except for the 4 grounds stated as exceptions thereof. Consider those grounds of MTD as affirmative
defenses.

ADVANTAGES OF PLEADING GROUNDS FOR MTD IN THE ANSWER AS AFFIRMATIVE DEFENSES:

1. Omnibus motion rule will NOT apply because what you filed is an answer and not in the nature of a motion.
2. If you incorporate the grounds for MTD in the answer as affirmative defenses, the complaint can no longer be
amended by the plaintiff/complainant because you already filed an answer. Any amendments must go through
the court.

RULE 17 – DISMISSAL OF ACTIONS

NOTE: This rule likewise applies to special proceedings.

ACTION – not only limited to complaint. Can be complaint/counterclaim/cross claim/third party complaint/ fourth party
complaint.

3 WAYS TO DISMISS AN ACTION:

1. Dismissal upon notice of the plaintiff (Sec. 1, Rule 17, ROC)
  When availed: Before the service unto the plaintiff of the answer or upon service unto him upon summary
judgment, by mere notice that he is not interested to pursue with the proceedings.
 Is dismissal upon such a matter of right of the plaintiff or not? YES! It is to be filed before the service unto
the plaintiff of the answer or upon service unto him upon summary judgment. Being such and upon receipt
of it, it is ministerial upon the court to issue an order confirming such dismissal.
 Nature of the dismissal: WITHOUT PREJUDICE – hence, plaintiff can still refile the action.
i. EXCEPTIONS (with prejudice):
1. Notice of the plaintiff provides that dismissal must be with prejudice.
2. Two-dismisssal rule – the second dismissal will be considered as a dismissal WITH
PREJUDICE.
3. When the reason for the dismissal upon the plaintiff is based on the fact that payment is
already made by the defendant.
2. Dismissal upon motion of the plaintiff (Sec. 2, Rule 17, ROC)
 This dismissal must be WITH leave of court because under this scenario, the plaintiff has already received
the answer/motion of summary judgment from the defendant.
 What will happen to the counterclaim?
i. If the counterclaim has already been pleaded prior to the service upon the defendant, the
dismissal shall only effect until the complaint, not the counterclaim. Counterclaim must be
prosecuted in a separate action.
ii. A manifestation must be made by the defendant if he/she wants the counterclaim to be
prosecuted in the same case so that it would not be prosecuted in a separate action.
 Nature of the dismissal: WITHOUT PREJUDICE – hence, plaintiff can still refile the action.
i. EXCEPTIONS (with prejudice):
1. Notice of the plaintiff provides that dismissal must be with prejudice.
2. Two-dismisssal rule – the second dismissal will be considered as a dismissal WITH
PREJUDICE.
3. When the reason for the dismissal upon the plaintiff is based on the fact that payment is
already made by the defendant.
 What if nature of the complaint is a class suit, can dismissal upon motion of the plaintiff be applied? YES, it
is still up to the court to grant/deny the dismissal of the said complaint.
3. Dismissal due to fault of the plaintiff (Sec 3, Rule 17, ROC)
 2 WAYS:
i. Motu proprio – court initiated
ii. Upon motion of the defendant
 GROUNDS:
i. Non appearance by the plaintiff without justifiable cause – plaintiff’s testimony is the evidence-
in-chief
ii. Failure to prosecute is without justifiable cause – here, plaintiff wasn’t able to present his
evidence.
iii. Failure to comply without justifiable cause under the ROC
iv. Failure to comply a lawful court order without justifiable cause
 Nature of dismissal: WITH PREJUDICE (considered as an adjudication on the merits) – hence, plaintiff
cannot refile unless, otherwise declared by the court.
 What happens to the counterclaim? The dismissal is WITHOUT PREJUDICE. The prosecution of such can be
resolved in the same or separate action depending on the defendant’s manifestation.
 Is this rule applicable in criminal cases? NO, because the real party (or plaintiff) is the People of the
Philippines. Hence, the criminal case must not be dismissed.

ILLUSTRATIVE CASE (Daday vs Didang)

On the scheduled presentation of the testimony of Daday (Plaintiff), June 10, 2022, the counsel of Daday (Atty. Dick) was
absent because of hangover. Because of that, she was not able to testify. Meanwhile the counsel of Didang, Atty. Dagul,
filed a motion to dismiss based on the grounds of Sec. 3, Rule 17, of the ROC (Dismissal due to the fault of the plaintiff).
Should the motion to dismiss the action be granted by the court or not?
ANSWER: NO, because the ground must be non-appearance of the plaintiff, not the counsel, without justifiable cause
for the action to be dismissed.
 RULE 18 – PRE TRIAL

PRE-TRIAL
 Can the real party in interest be represented by another person? YES, but he/she must be armed with the
necessary papers authorizing him to represent the said party in interest.
 Must be terminated promptly – 30 days from issuance of pleading
 Held on a separate trial from the trial dates
 Task is upon the branch clerk of court to issue a notice of pre-trial upon counsel of the parties or upon the
parties (if they do not have their respective counsels yet)
 Court Annex Mediation – where the pre-trial case will ensue.
 PURPOSES:
o To seek the possibility of an amicable settlement
o For the parties to agree to alternative dispute resolutions (arbitration/mediation/conciliation)
o Simplification of issues
o For the stipulation of facts
o To limit the number of witnesses
o To agree on the trial dates
o Marking of evidence – must attach the judicial affidavit of the parties along with the complaint.
 Documentary evidence which are not marked will not be presented in court.
 Reservation (of witnesses or documentary evidence) is still allowed but counsel must identify
such document and state the reason thereof for not bringing it during the pre-trial.
 The parties must be present during pre-trial. Their absence will be considered an admission on the part of the
absent party regarding the due authenticity of the said documents presented.
 Preliminary conference – counterpart of pre-trial for summary proceedings

RULE: Plaintiff and counsel must be present during the pre-trial.

QUESTION: What will happen if both are not present?
ANSWER: The plaintiff will be declared as “in default” and the case will be dismissed WITH PREJUDICE for failure to
comply without the justifiable reason the rules of court under Rule 18. This will result to adjudication on the merits.
Court will allow the plaintiff to present the evidence ex parte.
REMEDY OF DEFENDANT: File Motion for Reconsideration on the grounds that he is in default. However, if this is still
denied then the defendant can no longer do anything because such denial is in the nature of an interlocutory order,
hence, it is not appealable it being a non-final order.
EXCEPTION:
 If the dismissal has a certain pronouncement from the court that it is WITHOUT PREJUDICE.

VALID EXCUSES FOR NON-APPEARANCE:

1. Acts of God / Fortuitous events
2. Force majeure
3. Substantiated physical inability or incapacity

AS IN DEFAULT (in Pre-trial) ORDINARY DEFAULT

The defendant filed an answer. The defendant did not file an answer.

The judgment may be more than the amount paid for The judgment that is rendered against a party in default
because there was already an answer filed by the shall not exceed the amount paid for because the prayer
defendant. Considerations are made. submitted by the plaintiff in the complaint is considered.

May be committed by either party. This is generally committed by the defendant because of
 inability to file an answer during the reglementary period.

REMEDY: Motion for reconsideration (For defendant) / REMEDY: Motion to set aside an order of default
appeal the dismissal (for the plaintiff)

EFFECT OF FAILURE TO FILE A PRE-TRIAL BRIEF:

Same effect as non-appearance in pre-trial. The party who failed to appear will be declared “As in default”
 Plaintiff is absent: dismissal
 Defendant is absent: Plaintiff can present evidence ex parte, hence, defendant cannot cross-examine the
evidences presented.

PRE-TRIAL ORDER
 Issued by the court after the pre-trial case.
 Records of what happened during pre-trial which will be used as guide in the trial proper.

RULE 19 – INTERVENTION

INTERVENTION
 To determine all conflicting claims involving the particular case so that the whole controversy will be addressed
and be settled by a single judgment.
 Does not intend to change the nature and character of the action
 It is so that the interested parties will be able to present their sides to the matter and their issues will also be
resolved.
 Initiated through a filing of a MOTION OF INTERVENTION – upon leave of court
o Upon filing, you have to attach in your motion, a copy of the “COMPLAINT IN INTERVENTION”
(Complainant-intervenor)– if siding with the complainant/plaintiff.
o Upon filing, you have to attach in your answer, a copy of the “ANSWER IN INTERVENTION” (Intervenor) –
if siding with the defendant.
 When filed: ANY TIME BEFORE JUDGMENT
 If denied and denial is improper, REMEDY: File an appeal or a petition for mandamus to compel the court to
allow you to intervene in the case.
 If improperly granted, REMEDY: File a petition for certiorari on grounds of grave abuse of discretion; petition for
prohibition to intervene in the case.

WHO HAS THE RIGHT TO INTERVENE?

1. Those who have legal interest in the subject matter of the case.
2. Has a legal interest in the success of either or both the parties of the case.
3. The person who likes to intervene is greatly affected by such judgment.

EFFECT OF INTERVENTION IF THE MAIN ACTION IS DISMISSED

 Dismissal will not affect the intervention suit unless if the intervenor is also made a party in the agreement that
resulted in the dismissal of the main action.

RULE 20 – CALENDAR OF CASES

CALENDAR OF CASES
 Preparation by the court of the schedule of the cases assigned to it.
 Branch clerk of court – has the responsibility to schedule cases under the direct supervision of the judge.
 Must be posted a day before the hearing outside the court.
 Preferential cases – special civil actions/provisional remedies
 Ordinary civil actions – pre-trial is prioritized before trial proper.

RULE 21 – SUBPOENA

SUBPOENA
 Persons authorized to issue:
o Court
 o Court before whom the witness is required to be present
o Court of the place where the position is to be taken
o Officers authorized by law with respect to case which can be conducted by them
o Justices of the SC/CA on cases pending in the PH

2 WAYS ON HOW SUBPOENA IS SERVED

1. Personal service
2. Substituted service

SUBPOENA AD TESTIFICANDUM
 Process directed to a person requiring him to be present on a particular date to give his testimony.
 Ordinary subpoena
 A directive for a particular person to be present and to testify at a particular date during the hearing of a case.

SUBPOENA DUCES TECUM

 Process directed to a person requiring him to bring with him a book/document/thing under his control.
 Not an ordinary subpoena because a person is required to bring something before the court.

CAN THESE 2 SUBPOENAS BE ISSUED UPON A SINGLE PERSON

ANSWER: YES, as long as it helps in the case.

CAN A SUBPOENA BE QUASHED OR SET ASIDE

ANSWER: YES!
1. Ad testificandum – quashal is possible on the ff grounds:
o Witness is not bound to testify in a certain case
o Witness fees and kilometrage is not tendered
o EXCEPTION: directed to a g.ovt agency/offcer – they must appear before the court regardless of the
presence of the grounds presented above.
2. Duces tecum – quashal is possible on the ff grounds:
o If the subpoena duces tecum is unreasonable or oppressive.
o If the item sought to be brought to the court does not appear to be relevant to the issue of the case.
o If the cost for the production of the document required to be brought is not tendered.
o Witness fees and kilometrage is not tendered

SUBPOENA INTENDED TO BE GIVEN TO PRISONERS

ASNWER: YES! But there are considerations…
 Prisoners sentenced to death/reclusion perpetua/life imprisonment – they should not be brought outside the
penal institutions where they are currently in.
 EXCEPTION: If the SC allowed them to go out.

COMPULSORY NATURE OF THE SUBPOENA

 Failure to appear has corresponding consequences.
 Warrant of arrest may be issued for such.
 Failure to comply if unjustifiable, the cost will be shouldered by that person.
 He will also be cited in contempt for not following the subpoena.

RULE 22 – COMPUTATION OF TIME

In re: Rule 13 of the ROC

EXCLUDE THE DATE of the act/event and the date of the performance is included.

If it falls on a holiday/weekend – falls on the next working day.

QUESTION: If date of submission of answer is due on Saturday, and you want to file Motion for extension of answer on
Monday, is this allowed?
ANSWER: NO, because the time to file such has lapsed.
 RULE 23 – 28: MODES OF DISCOVERY

 Importance of such avoids surprises

 Speeds up the adjudication of merits

Cadaver is recognized as a THING – under Rule 27