CIVIL PROCEDURE

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PRELIMINARIES / GENERAL PRINCIPLES RULE 144. The rules shall govern cases brought after they take
effect, and also to pending cases, except if, in the opinion of the
CIVIL PROCEDURE court, their application would not be feasible or would work
It is the remedial law which governs ordinary civil actions, injustice, in which event, the former procedure shall apply.
provisional remedies, and special civil actions.
- Rules of procedure may be made applicable to actions
REMEDIAL LAW pending and undetermined at the time of their passage,
- that branch of law which provides for the jurisdiction of and are deemed retroactive in that sense and to that
courts and the rules concerning pleading, practice, and extent
procedure before the courts
- that branch of law which prescribes the method of - Rule 144 expressly makes the rules applicable also to
enforcing rights or obtaining redress for their invasion “further proceedings in cases then pending” when the
- the rules which provide the system for the protection of ROC took effect
rights, the prevention of the violation of such rights, the
means of redress for such violations, the methods for RATIO: cannot be violative of any right because no
the enforcement of obligations recognized by law and vested rights may arise from procedure
which lay out the procedure by which suits are filed,
tried, and decided upon by the courts of justice. - Ex: Neypes v. CA -- standardized the period
- provides the means and methods whereby causes of for appeal by allowing a fresh 15 days within
action may be effectuated, wrongs redressed, and which to file the notice of appeal with the RTC,
reliefs obtained counted from receipt of the order dismissing a
motion for a new trial or MR à being
SOURCES: procedural in nature, Neypes was deemed
1) BP129 and other special laws which provide for the applicable to actions pending and
jurisdiction of the courts undetermined at the time of its effectivity
2) The Rules of Court
3) Decisions of the Supreme Court Not applicable:
4) Circulars, Resolutions, and other administrative (a) where the statute itself or by necessary implication
issuances of the Supreme Court provides that pending actions are excepted from its
5) The Constitution (Art. VIII) operation
(b) if applying the rule would impair vested rights
REMEDIAL LAW v. SUBSTANTIVE LAW (c) when to do so would not be feasible or would work
injustice
SUBSTANTIVE REMEDIAL LAW (d) if doing so would involve intricate problems of due
LAW process or impair the independence of the courts
Definition creates, defines, prescribes the
and regulates rights method of enforcing The new rules do not allow anymore an appeal or certiorari in
and duties which rights or obtaining the orders of the court or the judgment on the pleadings; but it is
give rise to a cause redress for their allowed if it was an appeal BEFORE the effectivity of the revised
of action invasion rule, and pending in CA
Establishment Makes vested rights no vested rights
of vested possible. If the rule may attach to nor Series of hypo: Accion publiciana was filed by plaintiff
rights takes away a arise therefrom, it is and the defendants admitted they do not have title and
vested right, it is not only the means of was only authorized to stay by the barangay captain and
procedural; If the implementing an not the owner. The plaintiff filed for motion for judgment
rule creates a right already existing of the pleading and the judge decided in favor of the
such as the right to right plaintiff. Decision was handed down Feb. 2020. It was
appeal, it may be appealed to CA w/in the reglementary period - may the
substantive new rules have retroactive effect? NO.
Application Prospective, Retroactive;
UNLESS favorable applicable to RULE-MAKING POWER OF THE SC
to the accused actions pending and
(except when undetermined at Judicial Power
habitual time of passage CONST., Art. VIII, Sec. 1. The judicial power shall be vested in
delinquent) one Supreme Court and in such lower courts as may be
Origin Legislature Supreme Court (Art. established by law.
VIII, Constitution)
Not embraced in the Judicial power includes the duty of the courts of justice to settle
rule-making power Has the force and actual controversies involving rights which are legally
of the SC effect of law demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality
PROSPECTIVE EFFECT; RETROACTIVE APPLICATION
of the Government.
Applicability to pending actions
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Expanded Jurisdiction – with respect to the SC, certiorari and - SC has the power to amend, repeal or even establish
prohibition are necessarily broader in scope and reach, and the new rules for a more simplified and inexpensive
writs may be issued to correct errors of jurisdiction committed process, and the speedy disposition of cases.
not only by a tribunal, corporation, board or officer exercising - The constitutional power of the SC to promulgate rules
judicial, quasi-judicial or ministerial functions. of practice and procedure and to amend or repeal the
same necessarily carries with it the power to overturn
Rule 65 Section 1 talks about Certiorari which states that it is to judicial precedents on points of remedial law through
review acts of any tribunal, body, board that is exercising judicial the amendment of the ROC
and quasi-judicial functions. Under the expanded definition in - The Court is invested with the power to suspend the
the Constitution, it does not distinguish. This means that even if application of the rules of procedure as a necessary
the instrumentality is NOT exercising judicial or quasi-judicial complement to its power to promulgate the same
power it is subject to the review of the courts provided that - It can relax or suspend technical or procedural rules or
the act is done with grave abuse of discretion amounting to to except a case from their operation when compelling
lack or excess jurisdiction reasons so warrant or when the purpose of justice
requires it
Rule-Making Power - The Court can even alter that which the Court itself had
already declared to be final
CONST., Art. VI, Sec. 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as provided in this Factors warranting suspension based on jurisprudence:
Constitution without its advice and concurrence. (a) the existence of special or compelling circumstances
(b) merits of the case
CONST., Art. VIII, Sec. 5(5). [The SC shall have the following (c) cause not entirely attributable to the fault or
powers:] promulgate rules concerning: negligence of the party favored by the suspension of
- the protection and enforcement of constitutional rights, rules
- pleading, (d) lack of any showing that the review sought is merely
- practice, and frivolous and dilatory; and
- procedure in all courts, (e) the rights of the other party will not be unjustly
- the admission to the practice of law, prejudiced thereby
- the integrated bar, and
- legal assistance to the underprivileged. Other persuasive reasons: (MA)
Such rules shall provide a simplified and inexpensive procedure • To relieve a litigant from an injustice not commensurate
for the speedy disposition of cases, shall be uniform for all courts with his failure to comply with the prescribed procedure
of the same grade, and shall not diminish, increase, or modify • Good faith of the defaulting party by immediately
substantive rights. Rules of procedure of special courts and paying within a reasonable time from the time of the
quasi-judicial bodies shall remain effective unless disapproved default
by the Supreme Court. • Fraud, accident, mistake, or excusable negligence
without appellant's fault
- Under the 1987 Constitution, the rule-making power of • Peculiar legal arid equitable circumstances attendant
the Court has expanded. The Court for the first time, to each case
was given the power to disapprove rules of • In the name of substantial justice and fair play
procedure of special courts and quasi-judicial • Importance of the issues involved; and
bodies. But most important, the Constitution took • Exercise of sound discretion by the judge guided by all
away the power of Congress to repeal, alter or the attendant circumstances
supplement rules concerning pleading, practice,
and procedure. In fine, the power is no longer shared STILL MANDATORY IN NATURE
by the Court with Congress, more so with the
executive. Liberal Construction
RULE 1, SEC. 6. Construction. – These Rules shall be liberally
LIMITATIONS ON RULE-MAKING POWER construed in order to promote their objective of securing a just,
(a) The rules shall provide a simplified and inexpensive speedy and inexpensive disposition of every action and
procedure for the speedy disposition of cases proceeding
(b) The rules shall be uniform for courts of the same grade;
and Litigations should, as much as possible, be decided on the
(c) The rules shall not diminish, increase, or modify merits and not on technicalities. Courts should not be unduly
substantive rights strict on procedural lapses that do not really impair the proper
administration of justice. The higher objective of procedural rules
R: May Congress repeal, alter, or supplement rules is to ensure that the substantive rights of the parties are
concerning pleading, practice, and procedure? No. The protected. The rule on liberal construction involves a relaxation
power of Congress under the 1933 and 1973 Constitutions to of the procedural rules when their rigid application would hinder
repeal, alter, or supplement rules concerning pleading, practice, substantial justice. This is because the rules of procedure are
and procedure was taken away in the 1987 Constitution. mere tools designed to facilitate the attainment of justice.
POWER OF SC TO SUSPEND ROC § Zealous observance of the rules is still the GR, liberal
construction is the XPN
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a. ORIGINAL – power of the court to take judicial

INTEREST OF SUBSTANTIAL JUSTICE WILL NOT cognizance of a case instituted for judicial action for the
AUTOMATICALLY SUSPEND THE RULES - Bare invocation first time under the conditions provided by law, and to the
of “the interest of substantial justice" is not a magic wand that exclusion of other courts.
will automatically compel this Court to suspend procedural rules.
Like all rules, they are required to be followed except only for the b. APPELLATE – power and authority conferred upon a
most persuasive of reasons when they may be relaxed to relieve superior court to rehear and determine causes which
a litigant of an injustice not commensurate will the degree of his have been tried in lower courts, the cognizance which a
thoughtlessness in not complying with the procedure prescribed. superior court takes of a case removed to it, by appeal or
In other words, parties praying for the liberal interpretation of the writ of error, from the decision of a lower court, or the
rules must be able to hurdle that heavy burden of proving that review by a superior court of the final judgment or order
they deserve an exceptional treatment. It was never the Court’s of some lower courts.
intent “to forge a bastion for erring litigants to violate the rules
with impunity” Example of original and exclusive: METC à FE&UD

REASON: the dispatch of business by courts would be AS TO NATURE AND EXTENT OF EXERCISE
impossible, and intolerable delays would result, without a. EXCLUSIVE – confined to a particular court to the
rules governing practice. Such rules are a necessary exclusion of other courts
incident to the proper, efficient and orderly discharge of
judicial functions. Indeed, in no uncertain terms, the b. CONCURRENT – possessed by the court together with
Court held that the said rules may be relaxed only in another over the same subject matter; the court which
exceptionally meritorious cases. first obtains jurisdiction retains it to the exclusion of the
others (EXCLUSIONARY PRINCIPLE)
Pro hac vice rule
When the Court, in certain exceptional circumstances, suspends AS TO SITUS
a procedural rule in a particular case, the decision therein cannot a. TERRITORIAL – within the limits of the place where the
be relied on as a precedent since the ruling is for that particular court is located
case only or pro hac vice, literally in Latin, “for this one only.”
b. EXTRATERRITORIAL – beyond the confines of the
R: The GSIS argued that it is exempt from the payment of territory where the court is located
docket and legal fees by virtue of R.A. No. 8291 which
exempts it from “all taxes, assessments, fees, charges or CONSTITUTIONAL/STATUTORY COURTS
duties of all kinds.” Is the GSIS correct? No. The ROC
provides that they are not exempt from payment of docket fees. CONSTITUTIONAL STATUTORY
The provision in the Charter of the GSIS cannot operate to one created by a direct one created by a law other
exempt it from payment of legal fees. This was because, unlike constitutional provision; only than the constitution
the 1935 and 1973 Constitutions, which empowered Congress ex: Supreme Court (Sec. 1,
to repeal, alter or supplement the rules of the Supreme Court Art. VIII)
concerning pleading, practice, and procedure, the 1987 Cannot be abolished by May be abolished by
Constitution removed this power from Congress. Hence, the SC Congress because its Congress by repealing the
now has the sole authority. jurisdiction and powers are law which created those
vested by the Constitution courts
NATURE AND CLASSIFICATION OF PHILIPPINE COURTS
§ All courts in the Philippines, except the Supreme Court,
COURTS are statutory courts. They have been created by
an organ of government belonging to the judicial department the statutory enactments.
function of which is the application of the laws to controversies
brought before it as well as the public administration of justice § Even the Sandiganbayan was created by law pursuant
to a constitutional mandate. While its existence is
CLASSIFICATION OF JURISDICTION mandated by the Constitution, its creation was through
and by P.D. 1486
AS TO CASES TRIED:
a. GENERAL – courts with competence to decide on their COURTS OF LAW AND EQUITY
own jurisdiction and to take cognizance of all cases
EXCEPT those expressly withheld from them either by Court of Law – any tribunal duly administering the laws of the
the Rules or by Law; it is the competence to exercise land
jurisdiction over cases not falling within the jurisdiction of
any court, tribunal etc. (RTC) Court of Equity – a tribunal which rules according to the precepts
of equity or justice and is sometimes called “courts of
b. SPECIAL – extends only to particular or specified cases; conscience.” It adjudicates a controversy according to the
only for a particular purpose or are clothed with special common precepts of what is right and just without inquiring into
powers for the performance of specified duties beyond the terms of the statutes
which they have no authority of any kind (CTA)

AS TO THE NATURE OF THE CASE:

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§ Philippine courts are courts of both law and equity. judge may resign, become incapacitated, or be disqualified to
Hence, both legal and equitable jurisdictions are hold office, but the court remains
dispensed with in the same tribunal.
LEVELS
EQUITY JURISDICTION 1st — MeTC, MCTC, MTC,
- when the Court relaxes the strict application of the rules 2nd – RTC
where strong considerations of justice are manifest 3rd – CA, CTA, SB
- when the Court justifiably disregards procedural lapses 4th – SC
- power of the court to resolve issues presented in a
case, in accordance with the natural rules of fairness Courts of Record
and justice, and in the absence of a clear, positive law courts whose proceedings are enrolled and which are bound to
governing such issues. keep a written record of all trials and proceedings handled by
- Equity administers justice according to the basic tenets them. R.A. No, 6037 mandates all Municipal Trial Courts to be
of fairness, justness, and right dealing among men courts of record. This finds significance when the case is
- Equity seeks to reach and do complete justice where appealed whereby a superior court reviews the case through the
the courts of law are incompetent to do so because of records.
the inflexibility of the rules and the lack of power to
adapt their judgments to the special circumstances of DOCTRINE OF HIERARCHY OF COURTS
cases Where courts have concurrent jurisdiction over a subject matter,
- Equity regards the spirit of the law and not its letter, the such concurrence of jurisdiction does not grant the party seeking
intent and not the form, the substance rather than the relief the absolute freedom to file a petition in any court of his
circumstance choice, a case must be filed first before the lowest court possible
having the appropriate jurisdiction, except if one can advance a
When equity does not apply: when there is a law special reason which would allow a party a direct resort to a
applicable to a given case; equity is applied only in the higher court.
absence of, and never against, statutory law or judicial rules
of procedure

SUPERIOR AND INFERIOR COURTS

- a court is ‘superior’ or ‘inferior’ in relation to another
court

Superior Court — one with controlling authority over other

courts, and with an original jurisdiction of its own.

Inferior Court – one which is subordinate to another court, the

judgment of which may be reviewed by a higher tribunal

CIVIL COURT AND CRIMINAL COURTS

Civil courts – determine controversies between private persons.

Criminal courts – adjudicate offenses alleged to have been

committed against the State

Ø Philippine courts exercise both civil and criminal RATIO: To shield the Court from having to deal with causes that
jurisdictions because of the principle in Art. 100 of the are also well within the competence of the lower courts, and thus
Revised Penal Code that every person criminally liable leave time for the Court to deal with the more fundamental and
for a felony is also civilly liable. more essential tasks that the Constitution has assigned to
it. The doctrine was created by this court to ensure that every
COURT JUDGE level of the judiciary performs its designated roles in an effective
tribunal officially assembled simply an officer of such and efficient manner.
under authority of law tribunal
organ of the government with Officer who sits on the court TRIAL COURTS:
a personality separate and • determine the facts from the evaluation of the evidence
distinct from the person or presented before them
judge who sits on it
• determine issues of law which may include the validity
a being in imagination a physical person
of an ordinance, statute, or even an executive issuance
comparable to a corporation
in relation to the Constitution.
an office a public officer
Jurisdiction does not attach to the judge but to the court.
• territorially organized into regions and then into
branches. Their writs generally reach within those
The continuity of a court and the efficacy of its proceedings
territorial boundaries.
are not affected by the death, resignation, or cessation from
the service of the judge presiding over it. In other words, the • They mostly perform the all-important task of inferring
the facts from the evidence as these are physically
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presented before them. The consequences, of course, administrative bodies because technical matters or
would be national in scope. intricate questions of facts are involved, then relief must
• There are, however, some cases where resort to courts first be obtained in an administrative proceeding before a
at their level would not be practical considering their remedy will be supplied by the courts even though the
decisions could still be appealed before the higher matter is within the proper jurisdiction of a court.
courts, such as the Court of Appeals.
It applies "where a claim is originally cognizable in the
COURT OF APPEALS: courts, and comes into play whenever enforcement of the claim
• primarily designed as an appellate court that reviews requires the resolution of issues which, under a regulatory
the determination of facts and law made by the trial scheme, have been placed within the special competence of an
courts administrative body, in such case the judicial process is
• collegiate in nature to ensure more standpoints in the suspended pending referral of such issues to the administrative
review of the actions of the trial court body for its view"
• also has original jurisdiction over most special civil EXCEPTIONS:
actions
(a) where there is estoppel on the part of the party
• its writs can have a nationwide scope, it is competent to invoking the doctrine;
determine facts and, ideally, should act on (b) where the challenged administrative act is patently
constitutional issues that may not necessarily be novel illegal, amounting to lack of jurisdiction;
unless there are factual questions to determine. (c) where there is unreasonable delay or official inaction
that will irretrievably prejudice the complainant;
SUPREME COURT: (d) where the amount involved is relatively small so as to
• leads the judiciary by breaking new ground or further make the rule impractical and oppressive;
reiterating — in the light of new circumstances or in the (e) where the question involved is purely legal and will.
light of some confusion of bench or bar — existing ultimately have to be decided by the courts of justice;
precedents (f) where judicial intervention is urgent;
• promulgates these doctrinal devices in order that it truly (g) when its application may cause great and irreparable
performs that role. damage;
(h) where the controverted acts violate due process;
EXCEPTIONS: (i) when the issue of non-exhaustion of administrative
1. genuine issues of constitutionality are raised that remedies has been rendered moot;
must be addressed immediately; (j) when there is no other plain, speedy and adequate
2. when the case involves transcendental remedy;
importance; (k) when strong public interest is involved; and
3. when the case is novel; (l) in quo warranto proceedings.
4. when the constitutional issues raised are better
decided by this Court; DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE
5. when time is of the essence; REMEDIES
6. when the subject of review involves acts of a Before said actions may be entertained in the courts of justice,
constitutional organ; it must be shown that all the administrative remedies prescribed
7. when there is no other plain, speedy, adequate by law or ordinance have been exhausted; and second, that the
remedy in the ordinary course of law; administrative decision may properly be annulled or set aside
8. when the petition includes questions that may only upon a clear showing that the administrative official or
affect public welfare, public policy, or demanded tribunal has acted without or in excess of jurisdiction, or with
by the broader interest of justice; grave abuse of discretion.
9. when the order complained of was a patent nullity;
and REASON: Courts, for reasons of law, comity, and convenience,
10. when the appeal was considered as an should not entertain suits unless the available administrative
inappropriate remedy. remedies have first been resorted to and the proper authorities
have been given the appropriate opportunity to act and correct
ANGARA MODEL: their alleged errors, if any, committed in the administrative
Direct invocation of the Court’s original jurisdiction over the forum.
issuance extraordinary writs is allowed when there is NO
DISPUTE as to the facts. EXCEPTIONS:
(1) where the issue is purely a legal one,
DOCTRINE OF PRIOR RESORT / PRIMARY JURISDICTION (2) where the controverted act is patently illegal or was
Courts will not resolve a controversy involving a question which done without jurisdiction or in excess of jurisdiction;
is within the jurisdiction of an administrative tribunal, especially (3) where the respondent is a department secretary
where the question demands the exercise of sound whose acts as an alter ego of the President bear the
administrative discretion requiring the special knowledge and latter's implied or assumed approval, unless actually
experience of said administrative tribunal in determining disapproved; or
technical and intricate matters of fact. (4) where there are circumstances indicating the urgency
of judicial intervention.
If the case is such that its determination requires the
expertise, specialized skills and knowledge of the proper
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Does the Doctrine of exhaustion of administrative the witnesses and lawyers may be heard, direct the
remedies apply to private companies? disposition of money deposited in court in the course of
the proceedings, appoint a receiver and grant an
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF injunction, attachment or garnishment
JUDICIAL STABILITY Ø An inferior court cannot give an award which will
Courts of equal and coordinate jurisdiction cannot interfere with exceed the value cognizable by it
each other's orders.
- precludes a court from interfering by injunction with the Residual Jurisdiction
regular orders of a co-equal court It is the jurisdiction left to be exercised by the trial court after the
- bars a court from reviewing or interfering with the case has been appealed to a higher court. The “residual
judgment of a co-equal court over which it has no jurisdiction” of the trial court is available at a stage in which the
appellate jurisdiction or power of review court is normally deemed to have lost jurisdiction over the case,
- applies with equal force to administrative bodies or the subject matter involved in the appeal. This stage is
reached upon the perfection of the appeals by the parties or
RATIO: a court that acquires jurisdiction over the case and upon the approval of the records on appeal, but prior to the
renders judgment therein has jurisdiction over its judgment, transmittal of the original records or the records on appeal.
to the exclusion of all other coordinate courts, for its
execution and over all its incidents, and to control, in JURISDICTION EXERCISE OF
furtherance of justice, the conduct of ministerial officers JURISDICTION
acting in connection with that judgment. The power to open, The authority to decide a Where there is jurisdiction
modify, or vacate the said judgment or order is not only case, and not the decision over the person and the
possessed but is restricted to the court in which the rendered therein subject matter, all other
judgment or order is rendered or issued questions arising in the case
is but an exercise of
XPN: The doctrine of judicial stability does not apply where jurisdiction
a 3rd-party claimant is involved – when a third-party, or a Error of jurisdiction is when Errors that may be
stranger to the action, asserts a claim over the property the court exercises a committed are mere errors of
levied upon, the claimant may vindicate his claim by an jurisdiction NOT conferred judgment which presuppose
independent action in the proper civil court which may stop upon it by law, or although jurisdiction and the mistake is
the execution of the judgment on property not belonging to with jurisdiction, acts in in the appreciation of facts
the judgment debtor. excess or grave abuse of and evidence leading to
discretion erroneous judgment. It does
DOCTRINE OF ADHERENCE OF JURISDICTION, not divest the court of
CONTINUITY OF JURISDICTION jurisdiction
Error of jurisdiction can be Reviewable by appeal
GR: Once jurisdiction has attached, it cannot be ousted by reviewed only by certiorari
subsequent happenings or events, although of a character Proceeding is absolute nullity Judgment is binding unless
which would have prevented jurisdiction from attaching in the reversed or annulled
first instance, such as:
1. Subsequent amendment of the Information; or
2. A new law amending the rules of jurisdiction.

THE COURT, ONCE JURISDICTION HAS BEEN ACQUIRED,

RETAINS THAT JURISDICTION UNTIL IT FINALLY
DISPOSES OF THE CASE.

XPN:
1. When the law expressly provides for a retroactive
application;
2. When the change of jurisdiction is curative in character.

What if there is a new law which transfers the

jurisdiction to another court? (allowed if there is express
provision of retroactivity and if curative in nature)

Ancillary Jurisdiction
This refers to the power of the court to adjudicate and determine
matters incidental to the exercise of its primary jurisdiction of an
action. In the exercise of the ancillary jurisdiction of a court, the
court where the main case is filed has exclusive jurisdiction over
all incidents thereto and in the issuance of all writs and
processes in connection therewith.
Ø court may determine all questions relative to the
matters brought before it, regulate the manner in which
a trial shall be conducted, determine the hours at which
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JURISDICTION settlement has been reached, or (2) when the parties

- the power and authority of the court to hear, try and repudiated the settlement.
decide a case and to execute its decision
XPN: The following may go directly to court:
Test of Jurisdiction 1. If the person is already detained.
whether the court has the power to enter into the inquiry, and 2. In case of habeas corpus.
not whether the decision is right or wrong 3. There is provisional remedy.
4. Offense has prescribed
Statute in force at the time of the commencement of the 5. Where the offense is punishable by imprisonment of at
action least 4 years, 2 months and 1 day
Jurisdiction being a matter of substantive law, the established
rule is that the statute in force at the time of the commencement ● Failure to avail of the conciliation process does not
of the action determines the jurisdiction of the court, unless, warrant jurisdictional objections for it merely renders
such statute provides for its retroactive application, as where it the complaint vulnerable to a timely motion to dismiss
is a curative legislation on the ground of prematurity.
- May be waived by failing to assert the failure to
KATARUNGANG PAMBARANGAY conduct such.

SOURCE: LGC, Book III, Title I, Chapter 7 FUNCTIONS OF THE LUPON

1. Supervise the various pangkat.
Katarungang Pambarangay: Lupong Tagapamayapa à 2. Meet regularly for the amicable settlements.
Pangkat ng Tagapagkasundo
VENUE:
Barangay Justice System introduced in 1978 for resolution of 1. If both parties are residents of the same barangay
local level disputes. Its function is not to judge but to assist. lupon of the barangay
2. Different barangays but in same municipality
LUPON TAGAPAMAYAPA: composed of the punong barangay barangay of the respondent
as Chairman and not less than 10 nor more than 20 members to 3. If real property is involved place where the real
be proposed by the punong barangay property is situated.
4. If it involves work where the workplace or institution
PANGKAT: 3 members from the Lupon is located.

Rules: FINALITY OF SETTLEMENT

1. No lawyers are allowed in barangay hearings. - Within 10 days
2. Not all cases go to the Katarungang Pambarangay: - Must be executed within 6 mos.
3. Execution may be filed in court. - Report to the court
4. The Lupong Tagamayapa is NOT a court.
PROCEDURE
CASES NOT COVERED:
a. One party is the government. 1. Complaint (in writing/oral) to be instituted by any
b. One party is a public officer and the dispute is related to individual who has a cause of action against another
his performance of official functions involving any matter within the authority of the Lupon.
c. Offenses punishable by imprisonment exceeding one (1)
year or a fine exceeding Five thousand pesos 2. Mediation by Lupon. He shall summon the
(P5,000.00); respondent(s) & their witnesses to appear before him
d. No private offended party for mediation of conflicting interests.
e. Real property from different municipalities
f. Disputes involving parties who actually reside in If he fails in his mediation effort within 15 days from the
barangays of different cities or municipalities, except first meeting of the parties before him, he shall set a
when such barangays adjoin each other date for the constitution of the Pangkat.
g. Such other classes of disputes which the President may
determine in the interest of justice or upon 3. During mediation, conciliation, or arbitration, the
recommendation of the Secretary of Justice. prescriptive periods for offenses and cause of action
shall be interrupted upon filing of the complaint
PREREQUISITE TO FILING OF COMPLAINT IN COURT with the Punong Barangay. It shall resume upon
GR: A confrontation between the parties before the lupon receipt by the complainant of the complaint or the
chairman or the pangkat ng tagapagkasundo is needed before certificate of repudiation or of the certification to file
the complaint, petition, action, or proceeding may be filed or action issued by the Lupon or Pangkat.
instituted directly in court or any other government office for
adjudication. Interruption shall not exceed 60 days from the filing of
the complaint
The parties thereto may still go to the court either (1) when the
lupon secretary or pangkat secretary as attested to by the lupon 4. Pangkat shall convene not later than 3 days from its
or pangkat chairman certifies that no conciliation or constitution to hear both parties and their witnesses,
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simplify issues, and explore all possibilities for (5) Cases involving a modification or reversal of
amicable settlement. a doctrine or principle of law laid down
previously by the Supreme Court in a decision
5. Pangkat shall arrive at a settlement or resolution of the rendered En Banc or by a division
dispute within 15 days from the day it convenes. This (6) Cases involving the discipline of judges of
period shall be extendible, at the discretion of the lower courts
pangkat, for another period, which shall not exceed 15 (7) Contests relating to the election, returns, and
days, except in clearly meritorious cases. qualifications of the President or Vice
President
GR: LUPON CHAIRMAN AND PANGKAT ARE MEDIATORS
ONLY • Where the opinion of the SC is equally divided, or the
necessary majority cannot be had, the case shall again
XPN: Parties may, at any stage of the proceedings, agree in be deliberated on. If after such deliberation no decision
writing that they shall abide by the arbitration award of the lupon is reached, the original action commenced in the court
chairman or the pangkat. Such agreement to arbitrate may be shall be dismissed. In appealed cases, the judgment or
repudiated within 5 days from the date order appealed from shall stand affirmed. On all
incidental matters, the petition or motion shall be
Ø THEREFORE, ONLY 2 THINGS HAPPEN: AMICABLE denied.
SETTLEMENT OR ARBITRATION
Court of Appeals
Effect of Amicable Settlement and Arbitration Award: The • The Court of Appeals may sit En Banc only for the
amicable settlement and arbitration award shall have the force purpose of exercising administrative, ceremonial, or
and effect of a final judgment of a court upon the expiration of other non-adjudicatory functions.
10 days from the date unless repudiation of the settlement has
been made or a petition to nullify the award has been filed before
the proper city or municipal court.
• Nature: It is primarily designed as an appellate court
that reviews the determination of facts and law made
by the trial courts. It is collegiate in nature. This nature
Ø If within 6 months, the settlement/award should be
ensures standpoints in the review of the actions of the
enforced before the barangay; If beyond, enforce before
the MTC trial court. But the CA also has original jurisdiction over
most special civil actions. Unlike the trial courts, its
Repudiation: Any party to the dispute may, within 10 days from writs can have a nationwide scope. It is competent to
determine facts and ideally, should act on constitutional
the date of the settlement, repudiate the same by filing with the
Lupon Chairman a statement to that effect sworn to before him, issues that may not necessarily be novel unless there
are factual questions to determine.
where the consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint • Power to try and conduct hearings like a trial court
Even if the Court of Appeals is not basically a trial court,
ARTICLE 2041, NCC. If one of the parties fails or refuses to it has the power to try cases and conduct hearings,
abide by the compromise, the other party may either enforce the receive evidence, and perform any and all acts
compromise or regard it as rescinded and insist upon his original necessary to resolve factual issues in cases falling not
demand. only within its original jurisdiction but also in cases
falling within its appellate jurisdiction, SUBJECT TO
motion to dismiss on the ground of? if w/o brgy conciliation ITS INTERNAL RULES à CA may receive evidence
(ground of premature filing!!) only when it grants a new trial based on newly-
discovered evidence
are lawyers allowed in the brgy conciliation? — why not? except
when they are the parties themselves Limitations:
(a) trials or hearings must be continuous
Supreme Court (b) trials and hearings must be completed within
3 months, except when extended by the Chief
Justice
• Cases which must be heard En Banc:
(1) All cases involving the constitutionality of a
treaty, international or executive agreement, CA may act as a trial court in the following instances:
or law 1. In annulment of judgments
(2) All cases which, under the Rules of Court, are 2. When a motion for new trial is granted by the Court of
required to be heard en banc Appeals
(3) All cases involving the constitutionality, 3. A petition for habeas corpus is set for hearing
application, or operation of presidential 4. To resolve factual issues in cases within its original and
decrees, proclamations, orders, instructions, appellate jurisdiction
ordinances, and other regulations 5. In cases of new trial based on newly discovered evidence
(4) Cases heard by a division when the required 6. In cases involving claims for damages arising from
number in the division is not obtained provisional remedies
7. In writ of amparo proceedings
8. In writ of kalikasan proceedings
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9. In writ of habeas data proceedings LACK THEREOF: proceedings conducted, or decisions

made by a court are void where there is an absence of
RTCs jurisdiction over the subject matter
- The exclusion of the term “damages of whatever kind” - even where the court in good faith believes that the
in determining jurisdictional amount under Secs. 79, subject matter is within its jurisdiction
par. (8) and 33, par. (1) of B.P. Big. 129, as amended - A decision rendered by a court devoid of jurisdiction
applies to cases where the damages are merely may be the subject of a collateral attack if that
incidental lo or a consequence of the main cause of jurisdictional defect appears on the face of the record.
action. However, in cases where the claim for damages And where lack of jurisdiction over the subject matter
is the main cause of action, or one of the causes of appears on the face of the record, an appellate court
action, the amount of such claim shall be considered in may, on its own initiative, dismiss the action
determining the jurisdiction of the court - A void judgment for want of jurisdiction is no judgment
at all, it neither is a source of any right nor the creator
- The totality of all claims embodied in one complaint of any obligation. All acts performed pursuant to it and
shall be the test in determining jurisdiction whether the all claims emanating from it have no legai effect.
claims arise out of the same or different transactions, Hence, it can never become final and any writ of
or whether they belong to the same or different persons execution based on it is void

- Where the basic issue is something other than the right HOW CONFERRED: BY LAW
to recover a sum of money, or the money claim is The conferring law may be the Constitution, or the statute
merely incidental to the principal relief, the action is organizing the court or tribunal, or the special or general
incapable of pecuniary estimation à All actions which statute defining the jurisdiction of an existing court or
are Incapable of pecuniary estimation are cognizable tribunal. That law must be that which is in force at the time
by the RTC except the annulment of judgments of the of the commencement of the action
RTC, which is cognizable by the CA - jurisdiction over the subject matter does not depend
upon the regularity of its exercise by the court or
DOCKET AND FILING FEES tribunal
All complaints, petitions, answers, and other similar pleadings - not dependent on the consent or objection or the
should specify the amount of damages being prayed for not acts or omissions of the parties or anyone of them
only in the body of the pleading but also in the prayer, and - It cannot be (1) granted by the agreement of the
said damages shall be considered in the assessment of the filing parties; (2) acquired, waived, enlarged, or
fees in any case. Any pleading that fails to comply with this diminished by any act or omission of the parties; or
requirement shall not be accepted nor admitted or shall (3) conferred by the acquiescence of the courts
otherwise be expunged from the record. - it cannot be conferred by the administrative policy
of any court
Ø A court acquired jurisdiction over any case only upon
payment of the prescribed docket fee. RECKONING POINT: law at the time the CASE IS FILED,
Ø An amendment of the complaint or similar pleading, not at the time the cause of action accrued
much less the payment of docket fee based on the HOW DETERMINED: BY THE ALLEGATIONS IN THE
amounts sought in the amended pleading, will not vest COMPLAINT AND CHARACTER OF THE RELIEF
jurisdiction in the court (Manchester Dev’t Corp v CA) SOUGHT

Q: A complaint for recovery of possession of RP was filed For the purpose of determining jurisdiction, the trial court
with prayer for moral and exemplary damages, the amount must interpret and apply the law on jurisdiction in relation
of which have been left to the court’s discretion. The docket to the averments or allegations of ultimate facts in the
fees for the action involving RP have been paid, but not complaint regardless of whether or not the plaintiff is
those for the related damages, the amount of which have entitled to recover all or some of the claims or reliefs sought
not been specified. Did the court acquire jurisdiction? therein

A: Yes, the court acquired jurisdiction over the real action - the court should not inquire into the truth of such
and may not dismiss the action for failure to specify the allegations; defense and evidence do not determine
amount of damages. The court should merely expunge the jurisdiction
claim for damages.
- “allegations in the complaint” à concise statement of
ASPECTS OF JURISDICTION the ultimate facts constituting the plaintiff’s cause of
action
JURISDICTION OVER THE SUBJECT MATTER
- power of a particular court to hear the type of case that OBJECTIONS TO JURISDICTION OVER THE SUBJECT
is then before it MATTER
- jurisdiction of the court over the class of cases to which
a particular case belongs • the earliest opportunity of a party to raise the issue of
- “real actions,” “personal actions” or “actions incapable jurisdiction is in a motion to dismiss filed before the
of pecuniary estimation” are to be considered as filing of the answer because lack of jurisdiction over
subject matters the subject matter is a ground for a motion to dismiss
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confer jurisdiction upon such court by waiving or

• jurisdiction over the subject matter may be raised at remitting a portion of his claim, so that what remains is
any stage of the proceedings, even for the first time within the jurisdiction of the court
on appeal; the issue may even be tackled motu propio
for the first time on appeal. This defense may be JURISDICTION OVER THE PARTIES
interposed at any time, during appeal or even after final - power of the court to make decisions that are binding
judgment on persons
- power of the court to render a personal judgment
REASON: jurisdiction is conferred by law, and lack of it against a party to an action or proceeding
affects the very authority of the court to take - element of due process that is essential in all actions,
cognizance of and render judgment on the action; it is civil or criminal, except in actions in rem or quasi in rem
not for the parties to conveniently set aside - Jurisdiction over the person of a litigant is vital for the
enforcement of an order or judgment of the court
DEFENSE: against such person.
ESTOPPEL BY LACHES
Tijam v. Sibonghanoy à the SC barred a belated HOW ACQUIRED:
objection to jurisdiction that was raised by a party
only when an adverse decision was rendered by the Plaintiff: acquired as soon as he files his complaint,
lower court against it and because it raised the petition, or initiatory pleading (by the mere filing of the
issue only after almost 15 years and after seeking complaint, the plaintiff, in a civil action, voluntarily submits
affirmative relief from the court and actively himself to the jurisdiction of the court)
participating in all stages of the proceedings. The
doctrine is based upon grounds of public policy and Ø Court cannot implead other real parties-in-
is principally a question of the inequity or unfairness interest as additional plaintiffs; they must give
of permitting a right or claim to be enforced or their consent
asserted. Ø If consent cannot be obtained, he may be
made a defendant and the reason therefor
NOT FAVORED: estoppel by laches may only be shall be stated in the complaint
invoked to bar the defense of lack of jurisdiction if Ø Unauthorized complaint does not give any
the factual milieu is analogous to Tijam; the effect; no jurisdiction will be conferred
contention that the defense of lack of jurisdiction
may be waived by estoppel through active Defendant: either by
participation in the trial is not the general rule, but 1. voluntary appearance in court and his submission
an exception, best characterized by the to its authority, or
circumstances in Tijam. 2. by service of summons

ESTOPPEL BY DEED/IN PAIS X files a motion for extension of period before filing
If the lower court had jurisdiction, and the case was appropriate pleading, will that be considered as
heard and decided upon a given theory, such, for subjecting himself to the jurisdiction of such court? NO
instance, as that the court had no jurisdiction, the
party who induced it to adopt such theory will not be What is “summons”?
permitted, on appeal, lo assume an inconsistent
position that the lower court had jurisdiction VOLUNTARY APPEARANCE OF THE
DEFENDANT
HOW CASE WILL BE DISPOSED OF WHEN THERE IS LACK The defendant's voluntary appearance in the action
OF JURISDICTION shall be equivalent to service of summons
Where, in good faith, a complaint is filed involving a subject
matter within the jurisdiction of the court, but after the trial, the Ø To constitute voluntary appearance, it must
subject matter appears to be less, so that it is within the amount to a voluntary submission to the
jurisdiction of a lower court, the former court has jurisdiction to jurisdiction of the court à an appearance that
adjudge the subject matter. seeks affirmative relief except when the
relief sought is for the purpose of objecting to
(SUPERIOR à INFERIOR; SUPERIOR) the jurisdiction of the court

In civil cases, a complaint is filed involving a subject matter “Affirmative relief”: filing of motions to admit
within the jurisdiction of an inferior court, but after the trial, the answer, for additional time to file an answer,
subject matter appears to fall within the exclusive jurisdiction of for reconsideration of a default judgment or to
a superior court, the inferior court cannot render judgment, but lift the order of default.
must dismiss the case
SPECIAL APPEARANCE: a party makes a
(INFERIOR à SUPERIOR; SUPERIOR) special appearance in cases of pleadings
precisely to challenge the court's jurisdiction
§ One who desires to sue in a court whose jurisdiction - not considered to have submitted to
does not extend to the full amount of his claim may Court’s authority
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- objection must be explicitly made or in

an unequivocal manner otherwise it JURISDICTION OVER THE ISSUE
constitutes a voluntary submission - power of the court to try and decide the issues raised
especially where a pleading or motion in the pleadings of the parties
seeking affirmative relief is filed
“issue” – a disputed point or question to which parties to an
Effect of pleading additional defenses action have narrowed down their several allegations and upon
aside from lack of jurisdiction which they are desirous of obtaining a decision; where there is
no disputed point, there is no issue
Former procedure: if the defendant raises the
objection in a motion to dismiss, the motion GR: IF NOT RAISED, THE COURT HAS NO JURISDICTION
must rely only on that particular ground. If the TO RULE ON SAID ISSUE
defendant appears in court and, at the same
time, alleges other grounds, the appearance XPN: when there is an issue raised during the presentation of
would be deemed a general appearance evidence and the other party fails to timely object
which was, in effect, a voluntary submission
§ An issue arises because a material allegation of a
La Naval Drug: If a plaintiff may assert 2 or claiming party is specifically denied by the defending
more causes of actions, a defendant should party (USUALLY IN THE ANSWER). The denial must
also be allowed, to put up his own defenses conform to Sec. 10 of Rule 8 otherwise it is construed
alternatively or hypothetically. It should not be as an admission, a circumstance which does not give
the invocation of available additional rise to an issue. Where the defendant admits all the
defenses that should be construed as a material allegations of fact, there is no issue between
waiver of the defense of lack of jurisdiction, the parties, and a judgment on the pleadings may be
but the failure to raise the defense. rendered by the court upon a motion properly filed.
Sec. 20, Rule 14: The inclusion in a motion to HOW CONFERRED & DETERMINED:
dismiss of other grounds aside from lack of
a) by the allegations in the pleadings of the parties; the
jurisdiction over the person of the defendant
pleadings present the issues to be tried and determine
shall not be deemed a voluntary appearance.
whether or not the issues are of fact or of law
what is a special appearance? The concept of special
b) by stipulation of the parties as when, in the pre- trial,
appearance is that it is different from voluntary appearance;
the parties enter into stipulations of facts and
the exception as to jurisdiction must be explicitly made; it is
documents or enter into an agreement simplifying the
also in criminal cases for application of bail
issues of the case
WHEN JURISDICTION OVER THE PERSON OF THE
DEFENDANT IS REQUIRED c) by waiver or failure to object to the presentation of
evidence on a matter not raised in the pleadings
ACTION IN PERSONAM: Jurisdiction over the parties is
- the parties try, with their express or implied
required in actions in personam because they seek to
consent, issues not raised in the pleadings which
impose personal responsibility or liability upon a person.
will be treated in all respects as if they had been
raised in the pleadings
NOT IN ACTIONS IN REM/QUASI IN REM:
• These are not directed against the person based on his - upon motion of any party, the pleadings may be
or her personal liability, jurisdiction over the person of amended to conform to the evidence but the
the defendant is not a prerequisite to confer jurisdiction failure to so amend does not affect the result of
on the court, provided that the latter has jurisdiction the trial because the pleadings are deemed
over the res either (a) by the seizure of the property impliedly or constructively amended to embody
under legal process, whereby it is brought into actual the issues tried with the consent of the parties
custody of the law; or (b) as a result of the institution of
legal proceedings, in which the power of the court is QUESTION OF LAW QUESTION OF FACT
recognized and made effective.
when the doubt or difference when the doubt or difference
• The service of summons or notice to the defendant is arises as to what the law is arises as to the truth or
not for the purpose of vesting the court with jurisdiction on a certain set of facts falsehood of the alleged facts
but merely for satisfying the due process requirements must not involve an Once the issue invites a
• An action in rem is an action against the thing itself examination of the probative review of the evidence
while an action quasi in rem is one wherein an value of the evidence presented, the question
individual is named as defendant and the purpose of presented by the litigants or posed is one of fact
the proceeding is to subject his interest therein to the any of them; the resolution of
obligation or lien the issue must rest solely on
• If, however, they appear in the action, as when the what the law provides on the
proper pleadings is served and filed, it is as if the action given set of circumstances
is one in personam
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JURISDICTION OVER THE RES LACK CANNOT BE

MAY BE WAIVED
- jurisdiction over the thing or the property which is the CURED
subject of the action
- necessary when the action is one in rem or quasi in rem
- when the action is one in personam, jurisdiction over
the res is not sufficient to authorize the court to render
a judgment against the defendant; jurisdiction over the
person of the defendant is required.

HOW ACQUIRED
1. by placing the property or thing under the court’s
custody (custodia legis) or constructive seizure
- Ex: Attachment

2. acquired by institution of legal proceedings, wherein

through statutory authority, the power of the court is
recognized and made effective
- Ex: Suits involving the status of the parties; suits
involving the property in the Philippines of non-
resident defendants

Extent of relief when jurisdiction is only over the res: only to

the value of the property over which its jurisdiction is based; if
the proven claim exceeds the value of the property, the court
has no authority to render a deficiency judgment. Any relief
granted in rem or in quasi in rem actions must be confined to the
res, and the court cannot lawfully render a judgment against the
defendant where jurisdiction has not been acquired by the court
over the person of the defendant.

JURISDICTION OVER THE REMEDY

- court’s competence over the process; may not be
waived by the parties
- provided by the ROC, it is mainly a procedural matter
which this Court, the authority that promulgates the
Rules of Court, may change ad hoc, or clarify the
application or interpretation of, in proper cases

SUBJECT MATTER REMEDY

the relief, that which the party court's competence over the
filing the case wants the process
court to declare, and which
addresses the breach of the
right or obligation
BP129 provided by the Rules of
Court

Ex. while an ejectment case is a subject matter under the

jurisdiction of the MTC, if not filed within 1 year as provided by
the ROC, there is no jurisdiction over the remedy.

SUBJECT PERSON ISSUES

MATTER
Substantive law,
established by the Covered by the ROC
Constitution or law
Plaintiff – filing of
complaint or other
Determined by
Conferred by law, initiatory pleading;
the pleadings;
determined by defendant –
acquired upon
allegations voluntary
filing
appearance/sum
mons
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MODULE 2 A civil action may either be ordinary or special. Both are

governed by the rules for ordinary civil actions, subject to the
RULE 1 specific rules prescribed for a special civil action.
GENERAL PROVISIONS
Special Civil Actions:
Section 2. In what courts applicable. - These Rules shall • Certiorari, prohibition, and mandamus
apply in all the courts, except as otherwise provided by the • Review of decisions of COA and COMELEC
Supreme Court. • Expropriation
• Ejectment (Forcible entry and unlawful detainer)
Section 3. Cases governed. - These Rules shall govern the • Partition
procedure to be observed in actions, civil or criminal, and special • Foreclosure
proceedings. • Interpleader
• Declaratory relief and similar remedies
(a) A civil action is one by which a party sues another for
• Quo warranto
the enforcement or protection of a right, or the prevention
or redress of a wrong. • Contempt.

A civil action may either be ordinary or special. Both are Ordinary Civil Special Civil
governed by the rules for ordinary civil actions, subject to Governed by ordinary rules Governed by ordinary rules
the specific rules prescribed for a special civil action. subject to specific rules
prescribed for special civil
(b) A criminal action is one by which the State prosecutes actions
a person for an act or omission punishable by law. Formal demand of one’s Special features not found in
legal rights in a court of ordinary civil actions
(c) A special proceeding is a remedy by which a party seek justice in the manner
s to establish a status, a right, or a particular fact. prescribed by the court or by
the law
Section 4. In what cases not applicable. - These Rules shall
not apply to election cases, land registration, cadastral, CRIMINAL ACTION
naturalization and insolvency proceedings, and other cases One by which the Stale prosecutes a person for an act or
not herein provided for, except by analogy or in a suppletory omission punishable by law
character and whenever practicable and convenient.
Ø proceedings are to be regarded as criminal when the
ACTIONS purpose is primarily punishment; and civil when the
Definition purpose is primarily compensatory or remedial
An action is the legal and formal demand of one's right from
another person made and insisted upon in a court SPECIAL PROCEEDING
of justice A remedy by which a-party seeks to establish a status, a right,
or a particular fact:
- In this jurisdiction, “action” and “suit” are synonymous
but the operative act which converts a claim into an • settlement of estate
“action” or “suit” is the filing of the same with a court of • escheat
justice. Filed elsewhere, the claim may not be properly • guardianship
categorized under either term • trusteeship
• adoption and its rescission or revocation
Action Claim • hospitalization of insane persons
Ordinary suit in a court of right possessed by one • habeas corpus
justice against another • change of name
One party prosecutes The moment said claim is • voluntary dissolution of corporations
another for the enforcement filed before a court, the claim • judicial approval of voluntary recognition of minor
or protection of a right or the is converted into an action or natural children
prevention or redress of a suit • constitution of family home
wrong • declaration of absence and death
• cancellation or correction of entries in the civil registry
CLASSIFICATION
NOT PROVIDED IN ROC:
CIVIL, CRIMINAL, SPECIAL • arbitration
• writ of amparo
CIVIL ACTION
• liquidation proceeding
One by which a party sues another for the enforcement or
protection of a sight or the prevention or redress of a wrong
REAL, PERSONAL, MIXED à SUBJECT MATTER

Ø classification according to foundation

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Ø Relevance of distinction: to determine the venue of or in the case of a nonresident defendant where he may be
action and the court having jurisdiction thereof found, at the election of the plaintiff.

REAL ACTION Jurisdiction: depends upon the amount of the claim or

One which affects title to or possession of real property or demand provided that if the subject of the litigation is
interest therein incapable of pecuniary estimation, jurisdiction is vested in
the RTC.
- Not every action, however, involving a real property is
a “real action” as it may only be incidental to the subject MIXED ACTION
matter of the suit. To be a “real” action, it is important An action involving a joinder of both real and personal actions;
that the matter in litigation must also involve or affect brought for protection or recovery of real property and also for
any of the following issues: “title to or possession of an award for damages sustained
real property, or interest therein”
Ex:
Ex: - Accion publiciana with a claim for damages
- Action to recover ownership or possession of land
(accion publiciana; accion reinvidicatoria) Venue: governed by the Rules of venue in real action
- Foreclosure of REM
- Partition What if the case is denominated as one of specific
- Ejectment performance which you would think is incapable of
pecuniary estimation, but the prayer is for annulment of title
Venue: (local) court which has jurisdiction over the area and reconveyance of land, recovery of ownership and
wherein the real property involved, or a portion thereof, is possession over the land. What is the nature of the action?
situated. In the allegation of the complaint, annulment of title and prayer
to recover ownership and possession is one that deals with
RULE 4, Section 1. Venue of real actions. – Actions ownership, title, to possession or interest therein in real property.
affecting title to or possession of real property, or interest Therefore, it is a real action.
therein, shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the real IN REM, IN PERSONAM, QUASI IN REM à BINDING EFFECT
property involved, or a portion thereof, is situated.
Ø Classification according to object/nature of action
Forcible entry and detainer actions shall be commenced
and tried in the MTC of the municipality or city wherein the ACTION IN REM
real property involved, or a portion thereof, is situated. one which is not directed against a particular person but on the
thing or res itself and which asks the court to make a declaration
Jurisdiction: depends upon the assessed value of the real of or to dispose of or deal with the res. The thing or res may be
property personal or real property, or it may be a status, right, or particular
fact.
If the action complaint is denominated as accion
publiciana but it alleges that within 1 year from the last Ex:
demand, the lessee who refuse to pay was also - Application for original registration of a parcel of
demanded to vacate the premises but refused to vacate land
the property. Which Court has jurisdiction? Exclusive - Special proceedings, the object of which is to
Jurisdiction of the MTC because the demand to vacate the establish the res, ie., status, right, or particular
premise constitute an unlawful detainer. fact
- Petition for declaration of insolvency
PERSONAL ACTION - Escheat proceedings
one which does not affect title to or possession of real property - Petition for change of name
or interest therein - Correction of entry in LCR
- Land registration proceedings
Ex:
- Action to recover ownership or possession of personal ACTION IN PERSONAM
property Proceeding to enforce personal rights and obligations brought
- specific performance against the person and is based on the jurisdiction of the person
- collection of sum of money although it may involve his right to or the exercise of ownership
of specific property or seek to compel him to control or dispose
Venue: (transitory) place where the plaintiff or any of the of it; one which is and seeks a relief which would be binding only
principal plaintiffs reside or where the defendant or any of upon particular persons
the principal defendant resides at the election of the
plaintiff. Ex:
- sum of money/specific performance
RULE 4, Section 2. Venue of personal actions. – All - declaration of nullity of title and recovery of
other actions may be commenced and tried where the ownership of real property
plaintiff or any of the principal plaintiffs resides, or where - reconveyance
the defendant or any of the principal defendants resides, - action for ejectment
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- action for injunction

- adoption If the defendant in an action in personam is a non-resident
- nullity of marriage who cannot be found in the Philippines, can we
- support automatically use summons by publication? NO. Because
the Rules provide that it will only apply to action in rem and quasi
QUASI IN REM in rem.
similar to an action in rem in that the purpose is to dispose of or
deal with property (res) in the Philippines. However, like an In an action in personam for sum of money filed against a
action in personam, it is brought against particular persons and non-resident defendant not found in the Philippines, we
the judgment therein is binding only upon the parties thereto. cannot serve summons. And the Rules provide that for
extra-territorial service of summons (which includes
Ex: summons by publication), the action has to be quasi in rem.
- Judicial foreclosure of mortgage So what is your remedy since your action is in personam
- Action in personam in which property of the and you cannot avail of the summons by publication? The
defendant has been attached. The attachment remedy is to convert the action to quasi in rem by acquiring
converts the action to one quasi in rem jurisdiction over the res by actual seizure of the property through
- Action for partition and accounting an application for a writ of preliminary attachment. After it has
- Action to quiet title and to remove cloud been attached, that is the time when you can have summons by
- Action for partition publication.

IMPORTANCE OF DISTINGUISHING: to determine whether What if you did the summons by publication first, and then
or not jurisdiction over the person of the defendant is you converted it to quasi in rem by applying for writ of
necessary attachment after? Is that valid? NO. It is INVALID. Because at
the time you did publication, it is in personam. The SC ruled that
- In action in personam, jurisdiction over the person of you need to convert it first to quasi in rem. After it has been
the defendant is necessary for the court to have converted, that is the time when you can serve summons by
jurisdiction; in in rem and quasi in rem, jurisdiction over publication.
the person of the defendant is not a require to confer
jurisdiction on the court provided that the court acquires Section 5. Commencement of action. – A civil action is
jurisdiction over the res commenced by the filing of the original complaint in court.
- Nonetheless, summons must be served upon
the defendant to satisfy due process If an additional defendant is impleaded in a later pleading, the
requirements action is commenced with regard to him on the date of the filing
of such later pleading (ex. motion to implead), irrespective of
- Extraterritorial service may be effected in actions in whether the motion for its admission, if necessary, is denied by
rem or quasi in rem but not in an action in personam. the court.
In preliminary attachment, the requirement of prior or
contemporaneous service of summons shall not apply IMPORTANCE OF KNOWING COMMENCEMENT:
where the action is in rem or quasi in rem. commencement interrupts or suspends the running of the
prescriptive period of actions. (Article 1155 NCC) if the action is
§ An action in rem or quasi in rem is treated as an action in dismissed, then the balance of the prescriptive period would
personam if the defendant presents himself in the action. start to run again.
The property attached remains liable, under the control
of the court to answer to any demand which may be REGISTERED MAIL: deemed commenced as of the
established against the defendant by the final judgment. date of mailing

But, if there is no appearance of the defendant, and no DOCKET FEES

service of process on him, the case becomes, in its
essential nature, a proceeding in rem, the only effect of - filing fees should have been paid, for the court to
which is to subject the property attached to the payment acquire jurisdiction
of the defendant which the court may find to be due to
the plaintiff. MANCHESTER RULE: All complaints, petitions, answers and
other similar pleadings should specify the amount of damages
R: Is an action for ejectment an action quasi in rem or in being prayed for and said damages shall be considered in the
personam? In personam since the action is binding only assessment of the filing fees in any case. Any pleading that fails
between the parties. It is submitted that the action is quasi in rem to comply with this requirement shall not be accepted nor
since the real object is to exclude the defendant from admitted, or shall otherwise be expunged from the record.
possessory interest over the property, hence extraterritorial
service may be availed of. Whether in personam or quasi in rem, - Applies not only to original complaints but also
the judgment is binding only between the parties. permissive counterclaims, third-party claims and
similar pleadings.
R: Is an action to recover title to or possession of real
property an action in personam or an action quasi in rem? - Supplemental complaint – non-payment not
It is a real action but an action in personam. It is also submitted fatal, court already acquired jurisdiction upon
that it is an action quasi in rem. the filing of the original complaint
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In Nos. 1 to 4, the docket fee shall be considered as a lien on

- If there is no amount specifically mentioned, the docket the judgment award, while in Nos. 5 to 6, the petition is exempt
fees will constitute a lien on the judgment from the payment of docket fees.

PURPOSE: to take care of court expenses in the handling of Ø payment of docket fees, like the Rule of strict
cases in terms of cost of supplies, use of equipment, salaries compliance in the service of summons, is not a mere
and fringe benefits of personnel, etc., computed as to man hours technicality of procedure but is an essential
used in handling of each case. The payment of said fees requirement of due process. It can only be relaxed for
therefore, cannot be made dependent on the result of the action the most persuasive of reasons where a litigant's
taken, without entailing tremendous losses to the government degree of noncompliance with the rules is severely
and of the judiciary in particular. disproportionate to the injustice he is bound to suffer
as a consequence
Criminal Cases: docket fees for moral, exemplary, temperate,
and nominal damages are required to be paid only if the APPELLATE DOCKET FEES
complaint or information filed with the trial court alleges such - must be paid within the same period for taking an
damages appeal
- PAID IN THE COURT WHICH RENDERED THE
Ø The judge in his discretion may allow this part-payment JUDGMENT
of the docket fee especially where the amount of the - Mandatory for perfection of appeal; non-payment
docket fee is large. is a ground for dismissal (but delay is a
discretionary ground)
SUN LIFE RULE: Manchester rule will only apply if there is an
intent to defraud. If not: RULE 141: For computation of docket fees and filing fees: FMV
- payment vests a trial court with jurisdiction over the or Zonal Valuation; in the absence of both, purchase price or
subject matter; where the filing of the initiatory pleading what is alleged in the complaint
is not accompanied by payment of docket fee, the court
may allow payment within a reasonable time but in no
case beyond the applicable prescriptive or
reglementary period
- same rule applies to permissive counterclaims, third-
party claims and similar pleadings
- If the amount adjudged is miscomputed, reasonable
time will be given to settle the deficiency
- Where the filing fee was paid but, subsequently, the
judgment awards a claim not specified in the pleading,
or if specified the same has been left for determination
by the court, the additional filing fee shall constitute a
lien on the judgment. It shall be the responsibility of the
Clerk of Court or his duly authorized deputy to enforce
said lien and assess and collect the additional fee.

IN RELATION TO CRIMINAL PROCEDURE:

Rule 111 of Filing Fees. In so far as the civil aspect arising from
the crime, if there is a criminal case there is a civil case deemed
instituted. You need to pay for docket fees if you are asking for
moral, nominal, temperate, exemplary damages. Everything is
included EXCEPT for Actual damages. The rule is there is no
computation of docket fees in actual damages; the only
exception is if the case involves B.P. 22.

WHEN THE DOCKET FEES NEED NOT BE PAID AT THE

COMMENCEMENT:
1) if the damages or claims arose after the filing of the
complaint/initiatory pleading or if the court awards
damages not prayed for in the complaint
2) Indigent litigant
3) Failure of the adverse party to timely raise the issue of
nonpayment of the docket fee
4) Civil action instituted with the criminal action where the
moral, exemplary, nominal, and temperate damages
are not specified in the complaint or information
5) writ of amparo – exempt
6) Indigent petitioner for a writ of habeas data – exempt
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RULE 2
CAUSE OF ACTION HOW DETERMINED: only by the material allegations
appearing on the face of the complaint; extraneous facts and
Section 1. Ordinary civil actions, basis of. – Every ordinary circumstances or other matters aliunde are not considered;
civil action must be based on a cause of action. no preliminary hearing should be held to determine
existence
Ø Without a cause of action, one cannot, as a rule, seek
judicial relief for a violation of one’s rights. Ø court may consider appended annexes or documents,
other pleadings, or admissions in the records à
Ø Does not apply when the rules on special civil actions considered parts of the complaint so long as
provide otherwise, such as in declaratory relief (filed procedurally responsive to the complaint and it clarifies
before a breach or violation) and interpleader the complaint’s merits, they are already part of the
records
Section 2. Cause of action, defined. – A cause of action is the
act or omission by which a party violates a right of another. Ø Designation or caption is not controlling – not an
- Facts which give rise to a right of action indispensable part of the complaint
- Formal statement in a pleading of such act or omission
- Remedial right to maintain an action Ø A complaint whose cause of action has not yet
- An action is the suit filed in court; a cause of action is accrued, cannot be cured or remedied by an
the BASIS of the action filed amendment or supplemental pleading alleging the
existence of accrual of a cause of action. Such action
ELEMENTS: is prematurely brought and is a groundless suit.
a. A legal right in favor of the plaintiff
b. A correlative legal duty/obligation of the defendant to Ø May be divisible where a part accrues while the other
respect such rights has not yet accrued.
c. An act or omission by such defendant in violation of the
right of the plaintiff with a resulting injury or damage to Specific Cases:
the plaintiff for which the latter may maintain an action sum of money arising from a loan à the debt is due and
for the recovery of relief from the defendant demandable; that there was a prior demand; and such demand
went unheeded
Ø A cause of action arises only upon the occurrence of
the last element, giving the plaintiff the right to maintain ANTICIPATORY BREACH: filing of collection before the loan is
an action in court for recovery of damages or other due – applies when there is a positive refusal of the other party
appropriate relief; without such a violation, a cause of to perform the contract; or under Art. 1198, the debtor loses the
action as defined will not arise. benefit of the period when he is insolvent, when debtor does not
furnish the promised securities or impairs it, or when he violates
SINGLENESS OF A CAUSE OF ACTION à SINGLENESS OF any undertaking, and lastly, when the debtor attempts to
THE WRONG – A single act or omission can be violative of abscond.
various rights at the same time. Where there is only one wrong,
there is a single cause of action regardless of the number of forcible entry à plaintiff’s prior physical possession of the
rights violated. If only one injury resulted from several wrongful property; that he was deprived of the possession of the property
acts, only one cause of action arises. There may be several either by force, intimidation, threat, strategy, or stealth; he must
reliefs, but it may be in the alternative (as in for mortgagors), or file the action within 1 year from the deprivation of possession
it may be cumulative. or from the time he learned of his deprivation

STATEMENT à merely having a cause of action is not unlawful detainer à that the defendant's initial possession of the
sufficient; the complaint must also clearly state that cause of property was lawful; eventually, such possession became illegal
action. All the elements of the cause of action must clearly upon the plaintiff's notice to the defendant of the termination of
appear from a reading of the complaint. the latter's right; defendant remained in possession and
deprived the plaintiff of the enjoyment of the property; and the
FAILURE TO STATE LACK OF CAUSE OF plaintiff instituted the complaint for ejectment within one year
CAUSE OF ACTION ACTION from the last demand to vacate the property
Insufficiency of the Insufficiency of factual basis
allegations in the pleading for the action; evidence does IF SUFFICIENT: does not necessarily mean that the complaint
not prove the cause of action is meritorious; it shall only result in the hearing of the case for
alleged presentation of evidence by the parties
remedy à MOTION TO Remedy à DEMURRER TO
DISMISS before a EVIDENCE; or motion to RIGHT OF ACTION
responsive pleading is filed dismiss after the plaintiff A remedial right to commence and maintain an action; accrues
rested its case when all the facts which constitute the cause of action have
occurred
TEST: Admitting the truth of the facts alleged, can the
court render a valid judgment in accordance with the Requisites:
prayer? - Existence of a cause of action
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- Performance of all conditions precedent to the bringing - identity of rights asserted and relief prayed for, the
of the action relief being founded on the same facts; and
- Right to bring and maintain the action must be un the - identity of the two cases such that judgment in one,
person instituting it regardless of which party is successful, would amount
to res judicata in the other
RIGHT OF ACTION CAUSE OF ACTION
Right to file a suit against the Involves a right of the plaintiff o If a final judgment had been rendered in the first action
defendant and its violation by the when the second action is filed, the latter may be dismissed
defendant based on res judicata, i.e., that the cause of action is
Remedial right Formal statement of the barred by a prior judgment
operational facts that give
rise to such remedial right REQUISITES OF RES JUDICATA
Matter of right and depends Matter of statute and is - Judgement sought to bar the new action must be final
upon substantive law governed by the law of - Decision must have been rendered by a court having
procedure jurisdiction over the subject matter and the parties
- Disposition of the case must be a judgement in the
Q: May there be a cause of action without a corresponding merits
right of action? - There must be as between the first and second action,
identity of:
A: Yes! There may be a cause of action with no right of § Parties
action if the latter is barred by prescription § Subject matter
§ Causes of action
Section 3. One suit for a single cause of action. – A party
may not institute more than one suit for a single cause of action. NOTE: it need not be the second action filed that should be
dismissed; Sec. 4 does not necessarily confine the dismissal to
Section 4. Splitting a single cause of action; effect of. – If the second action. A defendant may move for the dismissal of
two or more suits are instituted on the basis of the same cause the first case and as to which action should be dismissed would
of action, the filing of one or a judgment upon the merits in any depend upon judicial discretion and the prevailing
one is available as a ground for the dismissal of the others. circumstances of the case.

SPLITTING Ex. In an action to recover sum of money by virtue of a loan

Pleader divides a single cause of action, claim, or demand into payable in installments; if all are due, there is a single cause of
2 or more parts, and brings a suit for each part action and only 1 must be filed. If it is divisible where only a part
is due, then only 1 must be filed for said part.
RATIO FOR PROHIBITION: to prevent multiplicity of suits,
clogs the court dockets, leads to vexatious litigation, operates Section 5. Joinder of causes of action. – A party may in one
as an instrument of harassment, and generates unnecessary pleading assert, in the alternative or otherwise, as many causes
expenses to the parties. of action as he may have against an opposing party, subject to
the following conditions:
Ø Applies to complaints, counterclaims, and cross-claims
a) The party joining the causes of action shall comply with
TESTS: the rules on joinder of parties
1. whether the same evidence would support and sustain
both the first and second causes of action (same b) The joinder shall not include special civil actions or
evidence test) actions governed by special rules; (expropriation,
2. whether the defenses in one case may be used to foreclosure, partition, ejectment, contempt, declaratory
substantiate the complaint in the other relief, interpleader, CPM)
3. whether the cause of action in the second case existed
at the time of the filing of the first complaint c) Where the causes of action are between the same
parties but pertain to different venues or jurisdictions, the
EFFECT joinder may be allowed in the RTC provided one of the
Filing of one or a judgment upon the merits in any one is causes of action falls within the jurisdiction of said
available as a ground for the dismissal of the others; remedy of court and the venue lies therein; and
the defendant is to file a motion to dismiss: (non-waivable)
d) Where the claims in all the causes of action are
o if the first action is pending when the second action is filed, principally for recovery of money, the aggregate amount
the latter may be dismissed based on litis pendentia, i.e., claimed shall be the test of jurisdiction. (totality rule)
there is another action pending between the same parties
for the same cause JOINDER
assertion of as many causes of action as a party may have
REQUISITES OF LITIS PENDENTIA against another in one pleading alone
- identity of parties, or at least representing the same
interests in both actions ALTERNATIVE JOINDER CUMULATIVE JOINDER
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Exists when causes of action Exists when plaintiff seeks of action? NO, only one cause of action - breach of the MOA.
are set forth in one pleading relief from all his causes of The claim for damages are merely incidental to the main cause
alternatively or action of action.
hypothetically; the plaintiff
seeks relief either one of the TEST TO DETERMINE IF THERE IS JOINDER OF CAUSE OF
causes of action, not both ACTION OR IF THERE IS JUST ONE CAUSE OF ACTION
Ex: in a contract of carriage, Ex: creditor, in one WITH SEVERAL RELIEFS
the passenger of a vehicle complaint, may join his • whether more than one primary right or subject of
which collided with another causes of action based on 5 controversy is present
vehicle, may join in one promissory notes against the • whether recovery on one ground would bar recovery on
complaint, in the alternative, debtor the other
her causes of action against • whether the same evidence would support the other
the driver, one based on different counts
contract and another based
• whether separate actions could be maintained for
on quasi-delict
separate relief
RULES ON JOINDER OF PARTIES (Rule 3 Sec 6) • whether more than one distinct primary right or subject
Joinder may involve same parties or different parties of controversy is alleged for enforcement or
adjudication.
IF SAME PARTIES: no need to follow the rules on joinder of
parties below; there is only joinder of parties if there are several NOTE: The fact that the causes of action are unrelated to each
or different persons other does not affect the propriety of the joinder of causes of
action, when the causes of action are between the same parties.
IF IT INVOLVES DIFFERENT PARTIES:
a. Right to relief arises out of the same transaction or TOTALITY RULE
series of transaction Where there are several claims or causes of actions between
the same or different parties, embodied in the same complaint,
b. There is a question of law or fact common to all the amount of the demand shall be the totality of the claims in all
plaintiffs and defendants causes of action, irrespective of whether the causes of action
arose out of the same or different transaction (BP Blg. 129, Sec.
c. Such joinder is not otherwise proscribed by provisions 33)
of the rules on jurisdiction and venue
(court should have jurisdiction over all causes of action) Ø Excludes interest, damages, attorney’s fees, litigation
expenses, costs
Ricardo borrowed money from a bank and there is a surety,
Rania, who secured the loan. Additionally, he has Isabelle o where the claim for damages is the main
who is the guarantor of the loan. When the loan became cause of action, or one of the causes of
past due, the bank in pursuing Ricardo also joined Rania action, the amount of such claim shall be
and Isabelle. Can they be joined? Yes, their involvement considered in determining the jurisdiction
arises from the same transaction. What is the nature of the Ø where else applied: where two or more plaintiffs having
obligation of a surety? Solidary debtor wherein you can claim separate causes of action against a defendant join in a
the whole amount from the surety. What is the nature of the single complaint, where a plaintiff has separate causes
surety as a party? In this case the bank can claim the whole of action against two or more defendants joined in a
money from Ricardo. If the action was filed against Rania alone, single complaint [both arising out of the same
then she is indispensable. But if it is against both, she is not an transaction]
indispensable party anymore because the amount may be
collected from her or the bank. What is the nature of the Ø In criminal cases, once the court acquires jurisdiction
guarantor as a party? There cannot be a joinder for the over the person, over the subject matter and over the
guarantor, there is no cause of action. His obligation arises only territory, it acquires jurisdiction over all aspects
after the benefit of excursion including all incidental actions such as the damages or
has already been exercised. the civil aspect, as such the totality rule will not apply.

There was a house and lot sold in Paranaque subject to a Section 6. Misjoinder of causes of action. – Misjoinder of
MOA with a purchase price payable with six installments causes of action is not a ground for dismissal of an action. A
post-dated checks with a provision stating that if two misjoined cause of action may, on motion of a party or on the
installments are dishonored then the property should be initiative of the court, be severed and proceeded with separately.
returned to the seller. Two checks were dishonored. At that
time the seller was already living in Bulacan. The seller MISJOINDER:
bought an action for annulment of the MOA and recovery of
the land. They claimed that they can file it at RTC Bulacan GR: misjoinder is not a ground for dismissal of an action
because the annulment of MOA is a personal action as such
it can be filed to where they are residing now which is XPN: if the plaintiff refuses to sever the misjoined cause of
Bulacan. Are they correct? The action is a REAL ACTION. As action as ordered by the court, the complaint may be dismissed
such, it should have been filed in the proper court where the conformably with the mandate of Sec. 3 of Rule 17 which
property is located, namely, in Parañaque. Was there a joinder authorizes the dismissal of a complaint for, among others, failure
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to comply with the order of the court (dismissal due to the fault
of the plaintiff)

WAIVER
If there is no objection on the improper joinder or the court did
not motu proprio direct a severance, then there exists no bar in
the simultaneous adjudication of all erroneously joined causes
of action, provided that the court trying the case has jurisdiction
over all the causes of action therein, notwithstanding the
misjoinder of the same. If the court has no jurisdiction, any
adjudication rendered by the court with respect to the same
would be a nullity.
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RULE 3
PARTIES TO CIVIL ACTIONS Section 2. Parties in interest. – A real party in interest is the
party who stands to be benefited or injured by the judgment in
Section 1. Who may be parties; plaintiff and defendant. – the suit, or the party entitled to the avails of the suit.
Only natural or juridical persons, or entities authorized by
law may be parties in a civil action. Unless otherwise authorized by law or these Rules, every action
must be prosecuted or defended in the name of the real party in
The term “plaintiff” may refer to the claiming party, the counter- interest.
claimant, the cross-claimant, or the third-party plaintiff (fourth
etc.). GR: Every action must be prosecuted or defended in the name
of the real party in interest
The term “defendant” may refer to the original defending party,
the defendant in a counterclaim, the cross-defendant, or the XPN: If authorized by law or by the Rules of Court
third-party defendant (fourth etc.).
“interest” – must be ‘real,’ a present substantial interest not a
REQUISITES mere expectancy or a future, contingent subordinate or
1. Must be a: consequential interest; it must be material and direct, as
a. Natural person; distinguished from a mere incidental interest
b. Juridical person; or
c. Entity authorized by law DETERMINATION
2. Must have legal capacity to sue The determination of who the real party in interest is, requires
3. Must be the real party-in-interest (legal personality) going back to the elements of a cause of action. The owner of
the right violated stands to be the real party in interest as plaintiff
EFFECT IF NOT AUTHORIZED TO BE A PARTY: and the person responsible for the violation is the real party in
Plaintiff: If the complaint is commenced by a plaintiff not interest as defendant.
authorized to be a party; it becomes dismissible on the ground
of lack of legal capacity to sue Ø If not real party in interest à no cause of action; the
court cannot grant the relief prayed for because that
Defendant: complaint may be dismissed on the ground of failure part has no legal right or duty with respect to the other.
to state cause of action because a complaint cannot possibly Litigation then becomes a mere academic exercise that
state a cause of action against one who cannot be a party to a eventually settles nothing and thus, a waste of time
civil action.
LOCUS STANDI
Ø Facts showing the capacity of a party to sue or be sued, Right of appearance in a court on a given question; personal and
or the authority of a party, or the legal existence of an substantial interest in a case such that the party has sustained
organized association must be averred or will sustain direct injury because of the challenged
governmental act; requires a personal stake in the outcome of
Juridical persons: the controversy
• The State and its political subdivisions;
• Other corporations, institutions, and entities for public Elements:
interest or purpose, created by law; and (a) he has personally suffered some actual or
• Corporations, partnerships, and associations for threatened injury because of the allegedly
private interest or purpose to which the law grants a illegal conduct of the government,
juridical personality, separate and distinct from that of (b) the injury is fairly traceable to the challenged
each shareholder, partner or member. action; and
(c) the injury is likely to be redressed by the
Entities authorized by law: remedy being sought.
• Estate of a deceased person
• Legitimate labor organization TAXPAYER; requisites:
• Roman catholic church 1. Public funds derived from taxation are disbursed by a
• Rule 3, Sec. 15 (entity without juridical personality) political subdivision or instrumentality
2. In doing so, a law is violated or some irregularity is
Can a fetus be a party to a civil action? committed
It must be born under the conditions given by Article 41. For civil 3. Petitioner is directly affected by the alleged act
purposes, the fetus is considered born if it is alive at the time it
is completely delivered from the mother's womb. However, if the KALIKASAN CASES (representative capacity)
fetus had an intra-uterine life of less than 7 months, it is not - violation of environment rules
deemed born if it dies within 24 hours after its complete delivery - it involves at least two or more cities or municipalities
from the maternal womb.
NOMINAL / PRO FORMA PARTY
Joined as a plaintiff or defendant, not because such party has
LACK OF CAPACITY TO LACK OF PERSONALITY
any real interest in the subject matter or because any relief is
SUE TO SUE
demanded, but merely because the technical rules of pleading
Disability to sue or any other Plaintiff is not real party-in-
require the presence of such party on the record.
general disqualifications interest
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Ex: judge, court, quasi-judicial agency or officer impleaded as Section 4. Spouses as parties. – Husband and wife shall sue
public respondents (indispensable if certiorari, Rule 65) or be sued jointly, except as provided by law.

Section 3. Representatives as parties. – Where the action is SUE JOINTLY

allowed to be prosecuted or defended by a representative or - If property is CPG, spouses do not need to file a case
someone acting in a fiduciary capacity, the beneficiary shall be together since CPG is governed by the rules of co-
included in the title of the case and shall be deemed to be the ownership
real party in interest.
XPN: action for partition – all parties with an interest
A representative may be a trustee of an express trust, a must be impleaded
guardian, an executor or administrator, or a party authorized by
law or these Rules. SUED JOINTLY
Ø A spouse of age may mortgage, encumber, alienate, or
An agent acting in his own name and for the benefit of an otherwise dispose of his or her exclusive property,
undisclosed principal may sue or be sued without joining the without the consent of the other spouse, and appear
principal except when the contract involves things belonging to alone in court to litigate with regard the same. (Art. 111,
the principal. Family Code)

Ø Impleading the beneficiary is mandatory since said Ø DESPITE SEPARATION OF PROPERTY, one spouse
beneficiary is deemed to be the real party in interest. may be sued and held answerable for the liabilities of
the other spouse: The liability of the spouses to
AGENTS creditors for family expenses shall, however, be
GR: In suits where an agent represent a party, the principal is solidary (Art. 146, FC)
the real party-in-interest; an agent cannot file a suit on his own
name on behalf of the principal What is the rationale that the husband & wife
should be sued jointly?
Ø Filing of suits is an act of strict dominion. Agent must For the protection of the absolute community or the
be authorized by means of an SPA. conjugal property
Ø If a complaint is filed for and in behalf of the plaintiff by
one who is not authorized to do so, the complaint is Exceptions
deemed not filed. The court should dismiss the - Art. 111 – EXCLUSIVE PROPERTY
complaint on the ground that it has no jurisdiction over - Art. 146 – LIABILITY TO CREDITORS FOR
the complaint and the plaintiff. FAMILY EXPENSES
- when the suit is between the husband & wife
XPN: An agent may sue or be sued solely in its own name and
without joining the principal; requisites: Section 5. Minor or incompetent persons. – A minor or a
• agent acted in his own name during the transaction person alleged to be incompetent, may sue or be sued, with the
• agent acted for the benefit of an undisclosed principal assistance of his father, mother, guardian, or if he has none, a
• transaction did not involve the principal’s property guardian ad litem.

ACTION BY APODERADO Ø It is sufficient that incompetency be alleged in the

An apoderado or attorney in fact is not a real party. He has no corresponding pleadings and the trial court may pass
interest in the litigation and has absolutely no right to bring the upon the truth and effects thereof. Under the former
defendant into court or to put him to the expense of a suit, and Rules, it was necessary that the incompetent must
there is no provision of law permitting action to be brought in have been judicially declared as such.
such manner. A judgment for or against the apoderado in no way
binds or affects the real party, and a decision in the suit would Who is a minor or incompetent? Person below 18 years
be utterly futile. It would touch no interest, adjust no question, of age; person who lacks capacity to act (ex: deaf-mutes
bind no one, and settle no litigation. Courts should not be who cannot read or write, imbecile, insane)
required to spend their time solemnly considering and deciding
cases where no one could be bound and no interest affected by Who is a guardian ad litem? A guardian appointed by the
such deliberation and decision. court during the pendency and for the purpose of the
proceedings before it
NOTE!! This is the ruling in Arroyo v. Granada, which is NO
LONGER GOOD CASE BECAUSE OF R3, S3 Section 6. Permissive joinder of parties. – All persons in
whom or against whom any right to relief in respect to or arising
CORPORATIONS: Board resolution or secretary’s certificate out of the same transaction or series of transactions is alleged
to exist, whether jointly, severally, or in the alternative, may,
Ø if foreign corporation: except as otherwise provided in these Rules, join as plaintiffs or
o doing business in the Philippines – may sue be joined as defendants in one complaint, where any question
or be sued of law or fact common to all such plaintiffs or to all such
o not licensed to do business – may be sued defendants may arise in the action; but the court may make such
only orders as may be just to prevent any plaintiff or defendant from
being embarrassed or put to expense in connection with any
proceedings in which he may have no interest.
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HAS ALREADY BEEN AN ENTRY OF JUDGEMENT.

REQUISITES In such a case, the judgement would be null and void.
1. The right to relief arises out of the same transaction or
series of transaction; Section 8. Necessary party. – A necessary party is one who is
- “series of transaction”: separate dealing with not indispensable but who ought to be joined as a party if
parties but all of which are directly connected complete relief is to be accorded as to those already parties, or
with the same type of subject matter of the suit for a complete determination or settlement of the claim
2. There is a question of law or fact common to all the subject of the action.
plaintiffs or defendants; and
3. Such joinder is not otherwise proscribed by the Ø A party is not indispensable to the suit if his interest in
provisions of the rules on jurisdiction and venue the controversy or subject matter is distinct and
divisible from the interest of the other parties and will
TEST OF IDENTITY OF PARTIES: where the parties in both not necessarily be prejudiced by a judgment which do
actions are the same, or there is privity between them, or they complete justice to the parties in court
are successors-in-interest by title subsequent to the
commencement of the action, litigating for the same thing and Ø a final determination of the case can be had but only
under the same title and in the same capacity. Absolute identity among the parties already impleaded even if a
is not required, shared identity of interest is sufficient. necessary party, for some justifiable reason, is not
joined
Section 7. Compulsory joinder of indispensable parties. –
Parties in interest without whom no final determination can be Ex of necessary party:
had of an action shall be joined either as plaintiffs or defendants. - joint debtor, transferee pendente lite, junior
mortgagee in an action to foreclose REM
JOINDER OF INDISPENSABLE PARTY
- mandatory; jurisdictional requirement Ø A solidary co-debtor is NEITHER an indispensable nor
- those with such an interest in the controversy that a necessary party. In a solidary obligation, a creditor may
final decree would necessarily affect their rights sue all, several, or just one of the solidary debtors.
- one whose interest in the subject matter of the suit and Completer relief is available as to one co-debtor.
the relief sought are so inextricably intertwined with the
other parties that his legal presence as a party to the Section 9. Non-joinder of necessary parties to be pleaded.
proceeding is an absolute necessity – Whenever in any pleading in which a claim is asserted, a
necessary party is not joined, the pleader shall set forth his
Example: in a special civil action for partition, all persons name, if known, and shall state why he is omitted. Should
interested in the property should be joined as defendants; the court find the reason for the omission unmeritorious, it may
each co-owner is an indispensable party order the inclusion of the omitted necessary party if jurisdiction
over his person may be obtained.
BUT in an action to recover possession and ejectment suits,
not all co-owners need to be joined in the action The failure to comply with the order for his inclusion, without
justifiable cause, shall be deemed a waiver of the claim
EFFECT OF NON-JOINDER OF INDISPENSABLE PARTIES against such party.
- without the presence of indispensable parties to the
suit, the judgment of the court cannot attain finality, all The non-inclusion of a necessary party does not prevent the
subsequent actions of the court shall be null and void court from proceeding in the action, and the judgment
for want of authority to act not only as to the absent rendered therein shall be without prejudice to the rights of
party but even as to those present such necessary party
- whenever it appears that an indispensable party has
not been joined, it is the duty of the court to stop the INDISPENSABLE NECESSARY
trial and order the inclusion of such party Parties in interest without one who is not indispensable
- NOT A GROUND FOR DISMISSAL whom no final determination but who ought to be joined as
- the REMEDY is to implead the non-party by order of can be had a party if complete relief is to
the court, on motion or motu proprio, at any stage of be accorded, or for a
the action and/or at such times as are just complete determination or
- If petitioner refuses to implead the settlement of the claim
indispensable party despite order of the Must be joined under any Should be joined whenever
court, the complaint shall be dismissed and all conditions possible
(dismissal due to plaintiff under R17 S3) Joinder is mandatory; court Not mandatory; his interest is
cannot proceed without him separable; he has to be
Ø Non-joinder of indispensable parties is a CURABLE joined only to afford complete
ERROR. Court should order the plaintiff to amend his relief to the parties and to
complaint by impleading the indispensable party or avoid multiple litigations
allowing the intervention of the indispensable party.
These measures may be taken EVEN AFTER Section 10. Unwilling co-plaintiff. – If the consent of any party
RENDITION OF JUDGMENT. However, amendment who should be joined as plaintiff cannot be obtained, he may be
or intervention is NO LONGER AVAILABLE IF THERE
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made a defendant and the reason therefor shall be stated in names of the parties impleaded. Objections to
the complaint. misjoinder cannot be raised for the first time on appeal

Who is an unwilling co-plaintiff? REASON: the rule is consistent with the options available to the
any party who should be joined as plaintiff but whose court when faced with a motion to dismiss. Aside from
consent to such joinder cannot be obtained dismissing the complaint or denying the motion, it may order the
amendment of the pleading; it is when the order of the court to
Why is he unwilling? implead an indispensable party goes unheeded may the case
- Costs, time, effort be dismissed.
- Case is not strong enough, but the counterclaim
against him may be strong to make him liable in Section 12. Class suit. – When the subject matter of the
the end. controversy is one of common or general interest to many
persons so numerous that it is impracticable to join all as parties,
Illustration: B and C are co-owners of a parcel of land a number of them which the court finds to be sufficiently
the possession of which has been seized by X. B numerous and representative as to fully protect the interests of
wants to file an action to recover possession against X all concerned may sue or defend for the benefit of all. Any party
but C does not want to join B as he does not want to in interest shall have the right to intervene to protect his
bother with the expenses of litigation. --> B may files individual interest.
an action for recovery of possession against X and
implead C as defendant for the purpose of recovering Ø action does not become a class suit merely because it
from him his share of the costs of litigation. is designated as such in the pleadings, it still depends
on the facts
Who is an unwilling co-defendant?
A defendant who does not voluntarily submit to the Ø Pleading should allege the number of persons in the
jurisdiction of the court; remedy as to him is to serve alleged class in order for the court to determine
summons. whether the number is so numerous as to classify it as
a class suit.
Exceptions to unwillingness?
- if there are reciprocal obligations, the defendant REQUISITES:
would be willing since if he wanted to enforce his (a) The subject matter of the controversy must be of
right, he would be the one to file the complaint and common or general interest to many persons
pay the docket fees (he’ll just wait for a case to be (b) The persons are so numerous that it is impracticable to
filed against him then file a compulsory join all as parties;
counterclaim) (c) The parties actually before the court are sufficiently
numerous and representative as to fully protect the
Ø Interest of unwilling co-plaintiff will be DIFFERENT interests of all concerned
from that of the other defendants. It will be stated in the (d) The representatives sue or defend for the benefit of all
complaint that he is made a defendant due to
unwillingness. ADEQUACY OF REPRESENTATION
In determining the question of fair and adequate representation
Ø President cannot be impleaded as plaintiff or unwilling of members of a class, the court must consider:
plaintiff a) whether the interest of the named party is coextensive
with the interest of the other members of the class;
Section 11. Misjoinder and non-joinder of parties. – Neither b) the proportion of those made a party to the total
misjoinder nor non-joinder of parties is ground for dismissal of membership of the class; and
an action. Parties may be dropped or added by order of the c) any other factor bearing on the ability of the named
court on motion of any party or on its own initiative at any stage party to speak for the rest of the class
of the action and on such terms as are just. Any claim against a
misjoined party may be severed and proceeded with separately. Ø A class suit, does not require a commonality of interest
in the questions involved in the suit. What is required
MISJOINED is a common or general interest in the subject
A party is misjoined when he is made a party to the action matter of the litigation à the physical, the things real
although he should not be impleaded. or personal, the money, lands, chattels, and-the like, in
relation to the suit which is prosecuted and not the
NOT JOINED delict or wrong committed by the defendant.
A party is not joined when he is not impleaded in the action
Ø A class suit shall not be dismissed or compromised
GR: misjoinder and non-joinder are not grounds for dismissal of without the approval of the court (Sec. 2, Rule 17). This
an action is to protect the common interests of all those who
initiated the class suit.
XPN: failure to comply with the court’s order for the inclusion of
an indispensable party warrants dismissal Not class suit:
• damages by residents against former mayor for
NOTE: Objections to defects in parties should be made exposure to toxic wastes and fumes (each plaintiff has
at the earliest opportunity, by a motion to strike the separate injury which must be proven individually)
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• damages by relatives of casualties in plane crash (each Ø The rule allows a suit against defendants in the
has separate injury to be proven individually) alternative and allows alternative causes of action and
• action by some residents of a town to recover a holy alternative defenses.
image (conflicting interest with those of other
inhabitants) Section 14. Unknown identity or name of defendant. –
• action by corporation to recover property of its Whenever the identity or name of a defendant is unknown, he
members (distinct entity from members, no interest in may be sued as the unknown owner, heir, devisee, or by such
the properties of its individual members) other designation as the case may require; when his identity or
• damages by association of sugar planters in behalf of true name is discovered, the pleading must be amended
individual planters for a libelous article (no common accordingly.
interest in the reputation of a specific individual)
• action by students against the school (students have Ø Service of summons upon a defendant whose identity
separate contracts; each one has a separate breach) is unknown may, by leave of court, be effected upon
him by publication in a newspaper of general circulation
Possible class suit: (Rule 14 Sec. 14)
• closure of road
• cancellation of TLAs filed by minors for their Section 15. Entity without juridical personality as
generations and the generations yet unborn defendant. – When two or more persons not organized
as an entity with juridical personality enter into a transaction,
BASICALLY, NOT CLASS SUITS: they may be sued under the name by which they are generally
Ø action for damages where the extent of injuries or commonly known.
suffered must be proven individually
In the answer of such defendant, the names and addresses of
Ø actions for the recovery of property where several the persons composing said entity must all be revealed.
persons claim ownership of their respective portions of
property, occupied and claimed individually by different Ø Service of summons may be effected upon all the
parties, as each one could allege and prove his defendants by serving upon any one of them, or upon
respective right in a different way for each portion, so the person in charge of the office or place of business
that they cannot all be held to have identical title maintained in such name (Rule 14 Sec. 8)
through acquisitive prescription
Ø When judgement is rendered against 2 or more
Q: If a class suit is not proper, what is the remedy of the persons associated in an entity without juridical
defendant? personality, the judgements shall set out their individual
or proper names if known (Rule 36 Sec. 6)
A: File an affirmative defense that the plaintiff has no legal
capacity to sue NOTE: An entity without juridical personality MAY NOT SUE as
a plaintiff – the constituting members should personally and
individually sue. However, an entity without juridical personality
CLASS SUIT REPRESENTATIVE SUIT
MAY BE SUED as a defendant, when it has entered into a
The persons instituting a The beneficiary is the real party
transaction with the plaintiff.
class suit are they in interest, not the
themselves real parties in representative
Section 16. Death of party; duty of counsel. – Whenever a
interest directly injured
party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the
So there is no need to include each & every
court within 30 DAYS after such death of the fact thereof, and
individual in a class suit? How many individuals to give the name and address of his legal representative or
are needed for the class suit to be enough? Who representatives. Failure of counsel to comply with this duty
determines the number? (court)
shall be a ground for disciplinary action.
If 1000, how many would be sufficient? (solicit their The heirs of the deceased may be allowed to be substituted for
SPA to authorize a no. of them for it to be convenient
the deceased, without requiring the appointment of an executor
& sufficient for filing a suit & maintaining it)
or administrator and the court may appoint a guardian ad litem
for the minor heirs.
RULES OF PROCEDURE IN ENVIRONMENTAL CASES: SEC. Reason: Where an heir appears as substitute for the
5. Citizen suit. — Any Filipino citizen in representation of others,
deceased, there is no more need to require the
including minors or generations yet unborn, may file an action to
appointment of an executor or administrator because
enforce rights or obligations under environmental laws.
from the moment of death, he steps into the shoes of
the deceased and acquires his right as devisee/legatee
Section 13. Alternative defendants. – Where the plaintiff is
uncertain against who of several persons he If there is NO notice of death → the case may continue;
is entitled to relief, he may join any or all of them as defendants proceedings are valid and judgement is binding on successors-
in the alternative, although a right to relief against one may be
in-interest
inconsistent with a right of relief against the other.
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If there is notice of death → the court should await the i. Before entry of final judgement (case is
appointment of legal representative, otherwise subsequent on trial/appeal) – the case shall not be
proceedings are void dismissed but shall be allowed to
continue until entry of final judgement;
Upon receipt of notice of death, the court shall determine the judgement favorable to the plaintiff
whether or not the claim is extinguished by such death. IF shall be filed as a money claim against
EXTINGUISHED – DISMISS the estate

If the claim survives: The court shall forthwith order said legal ii. After entry of final judgement but before
representative/s to appear and be substituted within a period execution – all claims against the
of 30 days from notice. (service of summons and amendment of decedent, whether due, not due, or
complaint not required) contingent, must be filed within the time
limited in the notice as a claim against the
Ø substitution is proper only when the action survives estate; the plaintiff cannot move for
Ø formal substitution not required when representative execution under Rule 39
voluntarily submits himself to the court’s jurisdiction
iii. After levy or execution but before auction
If no legal representative is named by the counsel for the sale – the property actually levied may be
deceased party, or if the one so named shall fail to appear sold for the satisfaction of the judgement
within the specified period, the court may order the OPPOSING obligation
PARTY, within a specified time, to procure the appointment
of an executor or administrator for the estate of the deceased 2. Non-contractual Money Claims
and the latter shall immediately appear for and on behalf of the - Apply substitution. These claims are those mentioned
deceased. The court charges in procuring such appointment, if in Sec. 7 Rule 86 and Sec. 1 Rule 87
defrayed by the opposing party, may be recovered as costs.
(being the creditor with an interest in the estate; applies only if EFFECT OF BELATED SUBSTITUTION
there are pending probate proceedings)
PURPOSE OF SUBSTITUTION: to apprise the heir/substitute
NOTE: that he is being brought to the jurisdiction of the court in lieu of
• administrator – appointed by court the deceased party by operation of law à protection of the right
• executor – named in the will to due process of every party to the litigation who may be
• if the settlement of the estate has already been filed but affected by the intervening death; the deceased litigants are
there is no administrator/executor yet, the heirs can be protected as they continue to be properly represented in the suit
the representatives through the duly appointed legal representative of their estate
- Necessitated by due process and not a matter of
TEST TO DETERMINE WHETHER AN ACTION SURVIVES jurisdiction
THE DEATH OF A PARTY - Non-compliance or belated formal compliance does
- Depends on the nature of the action and the damage not affect the validity of the promulgated decision
sued for
- Applies regardless of whether it is the plaintiff or the RIANO:
defendant who dies, or whether the case is in trial or in GR: Non-compliance with the rules on substitution of a
the appellate court deceased party renders the proceedings of the trial
court infirm because the court has no jurisdiction over
Cause of action that survives: wrong complained of the person of the legal representative or heirs of the
primarily and principal affects property/property rights, deceased; a party to be affected by a personal
the injuries to the person being merely incidental judgment must have a day in court and an opportunity
- Ex: action to recover real/personal property; to be heard
action to enforce a lien; action to recover
damages XPN: cases involving ejectment – judgment therein
may be enforced not only against the defendants but
Cause of action that does not survive: the injury also against the members of their family or privies who
complained of is to the person, the property/property derived right of possession from deceased defendant
rights affected being incidental
- Ex: action for support; annulment of marriage; EFFECT OF DEATH ON ATTORNEY-CLIENT
legal separation RELATIONSHIP
Death of the client extinguishes the attorney-client relationship
RULES IN CASES WHERE THE ACTION SURVIVED THE and divests the counsel of his authority to represent the client.
DEATH OF A PARTY Accordingly, a dead client has no personality and cannot be
represented by an attorney. Neither does he become the
1. Contractual Money Claims counsel of the heirs of the deceased unless his services are
a. Plaintiff dies engaged by said heirs.
- case will continue; heirs or legal
representatives will proceed Section 17. Death or separation of a party who is a public
officer. – When a public officer is a party in an action in his
b. Defendant dies (Rule 3 Sec. 20) official capacity and during its pendency dies, resigns, or
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otherwise ceases to hold office, THE ACTION MAY BE REASON: Transferees are bound by the proceedings
CONTINUED AND MAINTAINED BY OR AGAINST HIS and judgment, such that there is no need for them to
SUCCESSOR if: be included or impleaded by name. The transferee is
- within 30 days after the successor takes office or such joined or substituted by operation of law from the
time as may be granted by the court, it is satisfactorily moment the transfer is perfected. The trial court is
shown to the court by any party that there is a given wide discretion and enough leeway to determine
substantial need for continuing or maintaining it who may be joined in a proceeding, or whether a party
and may properly be substituted by another due to a
- that the successor adopts or continues or threatens to transfer of interest
adopt or continue the action of his predecessor.
XPN: When the substitution by or joinder of the transferee is
Before a substitution is made, the party or officer to be affected, ordered by court upon motion
unless expressly assenting thereto, shall be given reasonable
notice of the application therefor and accorded an opportunity to NOTE: The case will be dismissed if the interest of plaintiff is
be heard. transferred to defendant unless there are several plaintiffs, in
which case the remaining plaintiffs can proceed with their own
Ex: (TAKE WITH CAUTION) cause of action
- action for prohibition against mayor to enjoin him from
proceeding with the demolition of the house of the Ø While it may be prudent for counsel to report any
plaintiff transfer of interest, S19 R3 does not require counsel to
do so.
- action for damages against the Mayor for the
unfounded order of closure of plaintiff’s business Section 20. Action on contractual money claims. – When the
action is for recovery of money arising from contract, express or
- mandamus to pay unpaid salaries implied, and the DEFENDANT DIES before entry of final
judgment in the court in which the action was pending at the
REQUISITES: time of such death, it shall not be dismissed but shall instead be
1. there is a substantial need for continuing or maintaining allowed to continue until entry of final judgment.
it
2. the successor adopts or continues or threatens to A favorable judgment obtained by the plaintiff therein shall be
adopt or continue the action of his predecessor enforced in the manner especially provided in these Rules for
3. the party or officer to be affected, unless expressly prosecuting claims against the estate of a deceased
assenting thereto, is given reasonable notice of the person.
application therefor and accorded an opportunity to be
heard Ø “Implied” – quasi-contract; not delict or quasi-delict

Section 18. Incompetency or incapacity. – If a party becomes Ø Execution shall not issue in favor of the winning party.
incompetent or incapacitated, the court, upon motion with notice, The final judgement should be filed as a claim against
may allow the action to be continued by or against the the estate without need of proving the claim under Rule
incompetent or incapacitated person assisted by his legal 86 Sec. 5.
guardian or guardian ad litem.
Ø To allow the case to continue until entry of judgment,
Ø Supervening incapacity the deceased defendant must be substituted by his
legal representative or heir
Section 19. Transfer of interest. – In case of any transfer of
interest, the action MAY be continued by or against the o Where the deceased was substituted by the
original party, unless the court upon motion directs the administrator in the civil action involving a
person to whom the interest is transferred to be substituted in money claim, the estate is deemed to have
the action or joined with the original party. notice of such claim. The substitution is
generally considered as equivalent to the
Ø Pertains to transfer that occurs during the pendency of presentation of the claim with the probate
the action court.

Ø Where the transfer was elected before the EXECUTION IN CASE OF DEATH OF A PARTY
commencement of the suit, the transferee must 1. In case of death of judgement obligee → upon the
necessarily be the defendant or plaintiff, but he may file application of his executor or administrator, or
a third-party complaint against the transferred successor in interest
whenever the same is necessary and proper for a
complete determination of all rights of the parties 2. In case of death of judgement obligor → against his
executor or administrator or successor in interest, if the
GR: A transferee pendente lite is not an indispensable party; the judgement be for the recovery of real or personal
action may proceed without the need to implead /him and the property, or the enforcement of a lien thereon
action is simply continued in the name of the original party
3. In case of death of judgement obligor after
execution is actually levied upon any of his
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property → the same may be sold for the satisfaction 1. Those whose gross income and that of their immediate
of the judgement obligation, and the officer making the family do not exceed an amount double the monthly
sale shall account to the corresponding executor or minimum wage of an employee; and
administrator for any surplus in his hands
2. Those who do not own real property with a fair
RIGUERRA Qs: market value as stated in the current tax declaration of
P filed the judgment as a money claim with the probate court. more than P300,000
Does the writ of attachment entitle P to preference over the other
creditors? Yes. The writ of attachment was not dissolved since à shall be exempt from payment of legal fees
the main action was not dismissed but continues until final
judgment. Hence P is a preferred creditor over the property Ø Litigant shall execute an affidavit that he and his
attached. immediate family do not earn the gross income and do
not own any real property required under Sec. 19 Rule
P filed with the RTC an action for recovery of possession of a 141
parcel of land against D. D died while the case was pending and o If requirements are met → grant of application
was substituted by his heir X who succeeded D in the is mandatory
possession of the land. P won the case and no appeal was made o If not all requirements are met → application
by X. May P move for the execution of the judgment against X? should not be denied outright; the court
Yes, since this is not among the cases which have to be filed should apply the indigency test in S21 R3
with the probate court as a money claim. The judgment may be and use its sound discretion
enforced against X since he had been validly substituted for D.
Ø A certificate of indigency must be attached to the
P filed an action for tort against D. D died during the pendency pleadings, issued either by the Barangay in which the
and was substituted by his heir X. Judgment was rendered in party is a resident or the DSWD
favor of P for P500,000. No appeal was filed by X. May P move
for the execution of the judgment against X? No. This is a Section 22. Notice to the Solicitor General. – In any action
judgment for money against the involving the validity of any treaty, law, ordinance, executive
decedent and hence has to be filed with the probate court. order, presidential decree, rules or regulations, the court, in its
discretion, may require the appearance of the Solicitor General
Section 21. Indigent party. – A party may be authorized to who may be heard in person or through a representative duly
litigate his action, claim or defense as an designated by him.
indigent if the court, upon an ex parte application and hearing,
is satisfied that the party is one who has NO MONEY OR Ø Only the SG can bring or defend actions on behalf of
PROPERTY SUFFICIENT AND AVAILABLE FOR FOOD, the Republic of the Philippines. Actions filed in the
SHELTER AND BASIC NECESSITIES FOR HIMSELF AND name of the Republic or its agencies and
HIS FAMILY. instrumentalities, if not initiated by the SG, will be
summarily dismissed
Such authority shall include an exemption from payment of
docket and other lawful fees, and transcripts of Ø In crim: RTC – Prosecutor; CA, SC – OSG
stenographic notes which the court may order to be furnished
him.

The amount of the docket and other lawful fees which the
indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless
the court otherwise provides.

Any adverse party may contest the grant of such authority at

any time before judgment is rendered by the trial court.

If the court should determine after hearing that the party

declared as an indigent is in fact a person with sufficient income
or property, the proper docket and other lawful fees shall be
assessed and collected by the clerk of court. If payment is not
made within the time fixed by the court, execution shall issue or
the payment thereof, without prejudice to such other sanctions
as the court may impose.

Ø In case the grant of the authority to litigate as an

indigent is contested, the determination of the court on
whether or not the grant of the earlier authority is
proper is to be made after hearing, not ex parte

INDIGENT LITIGANT (Sec. 19 Rule 141)

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RULE 4 • Where the property or

VENUE OF ACTIONS any portion thereof is
located
VENUE – place where a civil action may be tried; in civil cases,
it essentially concerns a rule of procedure which looks primarily Section 1. Venue of Real Actions.— Actions affecting title to
at the convenience of the litigants or possession of real property, or interest therein, shall be
commenced and tried in the proper court which has jurisdiction
In civil proceeding, venue is PROCEDURAL, not jurisdictional over the area wherein the real property involved, or a portion
and MAY BE WAIVED by the defendant if not seasonably raised thereof, is situated.
it in the Answer
Forcible entry and detainer actions shall be commenced and
VENUE JURISDICTION tried in the MTC of the municipality or city wherein the real
As to Definition property involved, or a portion thereof, is situated.
The place where the case is The authority to hear and
to be heard or tried determine a case REAL ACTION
As to Governing Law One which affects title to or possession of real property or
Matter or procedural law Matter of substantive law interest therein
As to Relations Established
Establishes a relation Establishes a relation - Not every action, however, involving a real property is
between plaintiff and between the court and the a “real action” as it may only be incidental to the subject
defendant, or petitioner and subject matter matter of the suit. To be a “real” action, the matter in
respondent litigation must involve or affect title to or possession of
As to Basis real property, or interest therein
May be conferred by the act Fixed by law and cannot be
or agreement of the parties conferred by the parties - A real action is LOCAL, i.e., its venue depends upon
Action of court the location of the property
Court cannot dismiss motu Court may dismiss motu
proprio for improper venue propio - Jurisdiction: depends upon the assessed value of the
Must be raised at the earliest May be raised at any time real property
opportunity
Ex:
- Action to recover ownership or possession of land
SC HAS THE POWER TO ORDER CHANGE OF VENUE
(accion reindivicatoria; accion publiciana)
Ground: to prevent a miscarriage of justice (Art. VIII Sec. 5 Par.
- Foreclosure of REM / annulment of REM if there has
4 Constitution)
already been a foreclosure sale
- Partition
VENUE IN CIVIL CASES VENUE IN CRIMINAL
- Ejectment
CASE
- action for annulment/cancellation of REM if
Not a matter or jurisdiction; Jurisdictional; may not be there has already been a foreclosure sale
merely concerns a rule of waived
procedure; may be waived
SUBJECT MATTER OF THE ACTION INVOLVES VARIOUS
PARCELS OF LAND IN DIFFERENT PROVINCES

Remedy 1. Where the parcels of land are the objects of one and
affirmative defense in the motion to quash Information / the same transaction – the venue is in the court of any
Answer compliant for lack of of the provinces wherein a parcel of land is situated; or
jurisdiction 2. If the subjects of the separate and distinct
Effect of improper venue transactions – there is no common venue and
valid judgement • SC & CA → refer the case separate actions should be laid in the court of the
to court of proper province wherein each parcel of land is situated
jurisdiction
Section 2. Venue of Personal Actions.— All other actions may
• 1st and 2nd level courts → be commenced and tried where the plaintiff or any of the
dismiss the case without principal plaintiffs resides, or where the defendant or any of
prejudice to re-filing the principal defendants resides, or in the case of a non-
Where to file resident defendant where he may be found, at the election of
(at the option of the plaintiff) where the offense was the plaintiff.
committed or where any of its
Personal actions: essential ingredients PERSONAL ACTION
• Residence of plaintiff occurred one which does not affect title to or possession of real property
• Residence of defendant or interest therein
XPN: extraterritoriality (Art. 2
Real actions: RPC) - A personal action is TRANSITORY.
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Ex: The residence of the corporation is its principal place of

- Action to recover ownership or possession of business; place where its head or main office is situated
personal property
- specific performance 3rd party complaint; intervention
- collection of sum of money - Ancillary to main case, has to yield to jurisdiction and
- action for dissolution of a partnership venue of the main action
(notwithstanding that the main asset of the
partnership was real property) Section 4. When Rule not Applicable.— This Rule shall not
- complaint for nullification of Deed of Sale of land (if apply —
there is no allegation that possession and title have
been transferred and recovery is not prayed for) (a) In those cases where a specific rule or law provides
- action to annul REM (if mortgagee has not otherwise; or
foreclosed and mortgagor is in possession)
- action to recover deficiency after extrajudicial Example:
foreclosure
- action for rescission of lease contract (if recovery of • civil action for damages in case of libel (ART 360 RPC)
possession of land not prayed for) → where the complainant resides at the time of
- action for annulment/cancellation of REM where commission OR where the article was first
there is no foreclosure yet printed/published (private individual)
• declaration of nullity and annulment of marriage à
RESIDENCE family court of the province or city where
A person’s actual or physical habitation or actual residence or petitioner/respondent has been residing 6 months prior
place of abode, whether permanent or temporary, as long as he to date of filing
resides with continuity and consistency therein • rehabilitation à RTC having jurisdiction where debtor’s
principal office is located
TWO OR MORE PLAINTIFFS/DEFENDANTS • petition for deposition à court of the place of the
When there is more than one defendant or plaintiff in the case, residence of any expected adverse party
the residences of the principal parties should be the basis of • small claims à if plaintiff is engaged in lending,
determining the proper venue. banking, similar activities, and has a branch within the
municipality/city where defendant resides, case will be
Section 3. Venue of Actions Against Nonresidents.— If any filed therein
of the defendants does not reside and is not found in the
Philippines, and the action affects the personal status of the
plaintiff, or any property of said defendant located in the (b) Where the parties have validly agreed in writing before the
Philippines, the action may be commenced and tried in the court filing of the action on the exclusive venue thereof.
of the place where the plaintiff resides, or where the property or
any portion thereof is situated or found. REQUISITES OF STIPULATIONS ON VENUE
1. In writing;
Non-resident found in the Philippines 2. Exclusive as to the venue;
a. Personal actions – where the plaintiff resides or where - Mere stipulation on the venue of an action is
the defendant may be found not enough to preclude parties from bringing
b. Real actions – where the property is located a case in other venues; It must be shown that
such stipulation is exclusive (ex: “exclusively”,
Non-resident not found in the Philippines “waiving for this purpose any other venue”,
An action may be filed only when the case involves: “shall only”)
a. Personal status of the plaintiff – where the plaintiff 3. Made before the filing of an action
resides
b. Property of defendant located in the Philippines – Ø Exclusive venue stipulation cannot apply in a petition
where plaintiff resides OR where the property or any for extrajudicial foreclosure. Under Act 3135, the sale
portion thereof is situated or found can be made only in the place where the realty is
located; extrajudicial foreclosure is NOT an action
Ø Personal status: ex: annulment hence rule 4 cannot apply

R: D, an American citizen, borrowed P500,000 from P, a Filipino REMEDY AGAINST IMPROPER VENUE (Rule 8 Sec. 12)
citizen while vacationing in the Philippines. D failed to pay. D
went back to the United States. May P file a suit in the RAISE IN ANSWER AS AFFIRMATIVE DEFENSE; otherwise,
Philippines against D? No. D is a non-resident and he is not deemed waived (IT MAY NO LONGER BE RAISED IN A
found in the Philippines. Nor does the action affect P’s personal MOTION TO DISMISS)
status or any property of D located in the Philippines. A
Philippine court cannot acquire jurisdiction over a non- Ø That respondent had filed several motions for
resident defendant in an action in personam. extension of time io file a responsive pleading, or that
he interposed a counterclaim or third-party complaint in
RESIDENCE OF A CORPORATION his answer does not necessarily mean that he waived
the affirmative defense of improper venue, there is no
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inconsistency in seeking dismissal of the main

complaint while pursuing one’s counterclaim or third-
party complaint in the same case

DISMISSAL MOTU PROPIO

GR: NOT ALLOWED, since if the defendant does not raise the
objection in the answer, he is deemed to have waived it

XPN: Rule on Summary Procedure, Rule on Small Claims

Cases, and ejectment cases, the trial court instead of issuing the
summons may from an examination of the allegations in the
complaint and evidence, dismiss the case outright on any of the
grounds for dismissal of a civil action which are apparent therein,
including improper venue.
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RULE 5 c. damages where the claim d. Contract of Sale of

UNIFORM PROCEDURE IN TRIAL COURTS does not exceed personal property,
P2,000,000 exclusive of excluding its recovery
Section 1. Uniform procedure. – The procedure in the interest and costs unless made the
Municipal Trial Courts shall be the same as in the Regional Trial subject of a
Courts, except: d. Cases for enforcement of compromise
barangay amicable agreement
(a) where a particular provision expressly or impliedly applies settlement agreements e. enforcement of
only to either of said courts, or and arbitration awards barangay amicable
where the money claim settlement
(b) in civil cases governed by the Rule on Summary Procedure. exceeds P1,000,000, agreements and
provided that no execution arbitration awards,
What is Rule on Summary Procedure? has been enforced by the where the money
Immediate process issuing and taking effect without barangay within 6M from claim does not
intermediate applications or delay; it covers cases falling under the date of the exceed P1,000,000
the jurisdiction of MTC settlement/receipt of the provided that no
award/the date the execution has been
Summary proceeding Summary procedure obligation stipulated or enforced by the
Court action in which formal Immediate process, issuing adjudged becomes due barangay within 6
procedures normally and taking effect without and demandable months from the date
applicable are dispensed intermediate applications or of the settlement or
with; does not have own set delays e. Cases solely for the date of receipt of the
of rules revival of judgment of award or from the
Contempt, procedures Set of rules to be observed any MTC date the obligation
under the family code when the law declares them stipulated or
to be governed summarily – f. Civil aspect of BP22 if no adjudged becomes
those falling under the criminal action has been due and demandable
jurisdiction of the instituted. Should a
criminal action be later
Section 2. Meaning of terms. – The term “Municipal Trial instituted, the civil aspect
Courts” as used in these Rules shall include Metropolitan Trial shall be consolidated with
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, the criminal action and
and Municipal Circuit Trial Courts. shall be tried and decided
jointly under the Rule on
Summary Procedure.
OCA CIRCULAR NO. 69-2022 - AM NO. 08-8-7-SC
PLEADINGS ALLOWED:
RULES ON EXPEDITED PROCEDURES IN THE FIRST
LEVEL COURTS SUMMARY PROCEDURE SMALL CLAIMS
- Complaint - Statement of Claim
Effectivity: April 11, 2022 - Compulsory counterclaim (instead of Complaint;
pleaded in the answer no formal pleading
JURISDICTION IN CIVIL CASES - Crossclaim pleaded in the necessary to initiate)
answer - Verified Response
SUMMARY PROCEDURE SMALL CLAIMS - Reply (instead of Answer)
a. FE&UD, regardless of the - does not exceed - Counterclaim in the
amount of damages or P1,000,000 exclusive of Response
unpaid rentals sought to be interest and costs PROHIBITED PLEADINGS
recovered. Where - purely civil in nature, - Permissive counterclaim - Reply
attorney's fees are claim or relief raised is - 3rd party complaint - 3rd party complaint
awarded, the same shall solely for the payment or - Pleading-in-intervention - Interventions
not exceed P100,000 reimbursement of a sum
of money PROHIBITED PLEADINGS AND MOTIONS:
b. civil actions [XPT probate - excludes actions seeking • Motion to dismiss the complaint or the statement of
proceedings, admiralty and other claims or reliefs claim, motion to quash the complaint or information,
maritime actions, and small except on the ground of lack of jurisdiction over the
claims] where the total Claim or demand may be: subject matter or failure to comply with the requirement
amount does not exceed For money owed under: of barangay conciliation
P2,000,000 exclusive of a. Contract of Lease;
• Motion to hear and/or resolve affirmative defenses
interest damages of b. Contract of Loan and
whatever kind, attorney's other credit • Motion for a bill of particulars
fees, litigation expenses accommodations • Motion for new trial
and costs c. Contract of Services; • Motion for reconsideration of a judgment on the merits
or • Motion for reopening of proceedings
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• Petition for relief from judgment - if from an examination of the allegations in the
• Motion for extension of time to file pleadings, affidavits initiatory pleading and evidence attached, a
or any other paper ground for the outright dismissal of the case is
apparent, the court may dismiss the case on its
• Memoranda
own initiative
• Certiorari, mandamus, or prohibition against any
interlocutory order GROUNDS: include lack of subject matter jurisdiction,
• Motion to declare the defendant in default improper venue, lack of legal capacity to sue, litis
• Dilatory motions for postponement (any motion for pendentia, res judicata, prescription, failure to state a
postponement shall be presumed dilatory unless cause of action, non-submission of a certification
grounded on acts of God, force majeure, or physical against forum shopping, and lack of compliance with a
inability of a counselor witness to personally appear in condition precedent such as absence of barangay
court, as supported by the requisite affidavit and conciliation among others
medical proof
• Rejoinder - patently erroneous determination to avoid the
• Third-party complaints application of the Rule on Summary Procedure is
• Motion for and Complaint in Intervention a ground for disciplinary action
• Motion to admit late judicial affidavit/s, position papers,
Filing and Service: Rule 13 and 14 applicable
or other evidence except on the ground of force
majeure or acts of God
ANSWER
• Motion for judicial determination of probable cause in - Within 30 calendar days from service of summons,
criminal cases the defendant shall file an answer to the complaint
and serve a copy thereof on the plaintiff
R: In an ejectment case, the court dismissed the complaint for - Statements in the answer similar to what must be
failure of the plaintiff to appear during the preliminary stated in the complaint
conference. Plaintiff filed a MR of the dismissal order. The - Affirmative defenses not pleaded in the answer
Defendant contends that MR is a prohibited pleading. Is the shall be deemed waived, except for lack of
Defendant’s contention correct? No. The MR prohibited under jurisdiction over the subject matter, litis pendentia,
the Rule on Summary Procedure is that which seeks res judicata, and prescription
reconsideration of a judgment rendered by the court after - Crossclaims and compulsory counterclaims not
trial on the merits. The dismissal order is not a judgment on asserted in the answer shall be considered barred.
the merits after trial of the case.
COUNTERCLAIMS WITHIN THE COVERAGE OF SUMMARY
RULE ON SUMMARY PROCEDURE PROCEDURE
Form and contents of pleadings REQUISITES:
- shall comply with Rule 7 (d) The claim is within the coverage of this Rule,
- All cases requiring prior referral to barangay exclusive of interest and costs
conciliation must contain a statement of compliance (e) arises out of the same transaction or event
otherwise the complaint shall be dismissed without that is the subject matter of the plaintiff's claim
prejudice, on the court's own initiative or upon motion, (f) does not require for its adjudication the joinder
and may be re-filed after compliance. of third parties; and
(g) is not the subject of another pending action.
Complaint
The complaint shall state the following: - The defendant may also elect to file a counterclaim
• names of the affiants whose judicial affidavits will be against the plaintiff that does not arise out of the same
presented to prove the plaintiff's claim transaction or occurrence, provided that the amount
• judicial affidavits shall be attached to the complaint and and nature thereof are within the coverage of this Rule
form an integral part thereof; if not attached it shall not and the prescribed docket fees are paid.
be considered
• summary of the statements in the judicial affidavits - Any amount pleaded in a counterclaim in excess of
• documentary and other object evidence P2,000,000 excluding interests and costs, shall be
deemed waived.
• whether the plaintiff consents to service by electronic
means or facsimile and, if so, the plaintiff's e-mail
REPLY
addresses or facsimile numbers
- All new matters alleged in the answer shall be deemed
controverted.
SUMMONS
- The plaintiff may file a reply to a counterclaim only
- Within 5 calendar days from receipt of a new civil
when an actionable document is attached to the
case, if the court determines that the case falls
answer.
under this Rule, the court shall direct the Branch
- reply shall be filed within 10 calendar days from receipt
Clerk to issue summons to the defendant, stating
of the answer
clearly that the case shall be governed by the Rule
on Summary Procedure
FAILURE TO ANSWER
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- the court, on its own initiative or upon manifestation

by the plaintiff that the period for filing an answer has An authority which fails to include these acts shall be ineffective
already lapsed, shall render judgment as may be and the party represented shall be deemed absent.
warranted by the facts alleged in the complaint and its
attachments, limited to what is prayed for therein SANCTION:
- court may reduce the amount of damages and • plaintiff – dismissal of the complaint; defendant shall be
attorney's fees claimed for being excessive or entitled to judgment on the counterclaim; all cross-
otherwise unconscionable claims shall be dismissed

PRELIMINARY CONFERENCE • defendant – plaintiff shall be entitled to judgment (not

applicable where one of two or more defendants sued
NOTICE: Within 5 calendar days after the last responsive under a common cause of action and pleaded a
pleading is filed, the Branch Clerk of Court shall issue a Notice common defense appeared)
of Preliminary Conference
PRELIMINARY CONFERENCE ORDER
PRELIMINARY CONFERENCE: shall be held within 30 Immediately after the preliminary conference and the issues
calendar days from the date of filing of such last responsive having been joined, the court shall issue a Preliminary
pleading. Conference Order referring the parties to the mandatory Court-
- The rules on pre-trial under Rule 18 shall be applicable Annexed Mediation, and Judicial Dispute Resolution
unless inconsistent.
If deemed submitted for judgment:
The Notice shall include the dates respectively set for: The court may, in the same Order, declare the case
• Preliminary Conference à within 30 calendar days submitted for judgment if, on the basis of the pleadings
from the filing of the last responsive pleading and their attachments, the stipulations and admissions,
judgment may be rendered without the need of
• Court-Annexed Mediation à within an inextendible submission of position papers. In this event, the court
period of 30 calendar days from date of referral for shall render judgment within 30 calendar days from
mediation issuance of the order. The court's order shall not be
the subject of MR or certiorari, prohibition, or
• Judicial Dispute Resolution in the court's discretion à mandamus, but may be among the matters raised on
within an inextendible period of 15 calendar days from appeal after a judgment on the merits.
notice of failure of the Court-Annexed Mediation
If position papers necessary:
Non-appearance at any of the foregoing settings shall be The court shall require the parties in the Order, to
deemed as non-appearance at the Preliminary Conference submit their respective position papers within 10
calendar days from receipt of such order. No other
PRELIMINARY CONFERENCE BRIEF judicial affidavits or evidence will be admitted even if
The parties shall file with the court and serve on the adverse filed with the position papers.
party at least 3 calendar days before the scheduled
Conference, their respective Preliminary Conference Briefs RENDITION OF JUDGMENT
Within 30 calendar days from receipt by the court of the
Contents: Mediator's Report or the JDR Report on the parties' failure to
1. summary of admitted facts reach an amicable settlement, the court shall render judgment.
2. summary of disputed facts and proposals for
stipulations on the same CLARIFICATORY JUDICIAL AFFIDAVIT
3. statement of factual and legal issues Should the court find it necessary to clarify certain material facts,
4. list of testimonial object, and other documentary it may, during the said period, issue an order specifying the
evidence offered in support of the party's claims or matters to be clarified, and require the parties to submit
defenses, and their markings, if any additional judicial affidavits or other evidence, within 10
calendar days from receipt of said order. Judgment shall be
Failure to file shall merit the same sanction as non-appearance rendered within 15 calendar days after the receipt of the last
at the Preliminary Conference. clarificatory judicial affidavits, or the expiration of the period
for filing the same.
NON-APPEARANCE
Excusable: acts of God, force majeure, or duly substantiated The court shall not resort to the clarificatory procedure to gain
physical inability time for the rendition of the judgment.

Representative Appearance requisites: APPEALS

• authorization through SPA / board resolution to:
• enter into an amicable settlement Ordinary appeal
• to submit to alternative modes of dispute Any judgment, final order, or final resolution in a Summary
resolution, and Procedure case may be appealed to the appropriate RTC
exercising jurisdiction over the territory under Rule 40 for civil
• to enter into stipulations or admissions of
cases and Rules 122 for criminal cases
facts and documents
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of this requirement shall subject the party, and the counsel, if

The appeal shall be taken by filing a notice of appeal together any. to appropriate disciplinary action. The inadmissible
with proof of payment of the appeal fees, with the court that affidavit(s) or portions thereof shall be expunged from the
rendered the judgment, order or resolution appealed from within record. Non-submission of the required affidavits will cause the
15 calendar days from receipt of the same. immediate dismissal of the claim or counterclaim.

Judgment of the RTC on the appeal shall be final, executory, PAYMENT OF FILING FEES
and unappealable. The plaintiff shall pay the docket and other legal fees prescribed
under Rule 141 unless allowed to litigate as an indigent.
RULE ON SMALL CLAIMS Exemption shall be granted only by the Supreme Court.
However, if more than 5 small claims are filed by one party within
COMMENCEMENT OF SMALL CLAIMS ACTION the calendar year, regardless of the judicial station, an additional
A small claims action is commenced by filing with the court an filing fee of P500 shall be paid for every claim filed after the 5th
accomplished STATEMENT OF CLAIM/S with: claim, and an additional P100 (total of P600) for every claim filed
- Verification and Certification Against Forum after the 10thclaim, and another P100 (total P700) for every
Shopping, Splitting a Single Cause of Action, and claim filed after the 15th claim.
Multiplicity of Suits
- duly certified photocopies of the actionable If a case is dismissed without prejudice under Sec. 12 (f) and is
document/s subject of the claim re-filed within 1 year from notice of dismissal, the plaintiff shall
- affidavits of witnesses pay P2000 as filing fee, inclusive of the P1,000 fee for service of
- other evidence to support the claim, with as many summons and processes.
copies thereof as there are defendants.
If the plaintiff is engaged in the business of lending, banking, and
No evidence shall be allowed during the hearing which was not similar activities, the amount of filing and other legal fees shall
attached to or submitted together with the Statement of Claim/s, be the same as those applicable to cases filed under the regular
unless good cause is shown for the admission of additional rules of procedure.
evidence.
A claim filed with a motion to sue as indigent shall be referred to
The plaintiff must state if he/she/it is engaged in the business of the Executive Judge for immediate action in case of multi-sala
lending, banking and similar activities, and the number of small courts. If the motion is granted, the case shall be raffled off or
claims cases filed within the calendar year regardless of judicial assigned to the court designated to hear small claims cases. If
station. denied, the plaintiff shall be given 5 calendar days within which
to pay the docket fees, otherwise, the case shall be dismissed
For juridical entities, a board resolution or secretary’s certificate without prejudice.
authorizing the person to file the claim must be attached to the
Statement of Claim/s. In no case shall a party, even if declared an indigent, be exempt
from the payment of the P1,000 fee for service of summons and
No formal pleading, other than the Statement of Claim/s processes.
described in this Rule, is necessary to initiate a small claims
action. DISMISSAL OF THE CLAIM
After the court determines that the case falls under this Rule, it
VENUE may, from an examination of the allegations of the Statement of
- regular rules on venue shall apply Claim/s and such evidence attached thereto, on its own
- if the plaintiff is engaged in the business of lending, initiative, dismiss the case outright on any of the following
banking and similar activities, and has a branch grounds:
within the municipality or city where the defendant
resides or is holding business, the Statement shall • The court has no jurisdiction over the subject matter
be filed in the court of the city or municipality • There is another action pending between the same
where the defendant resides or is holding parties for the same cause
business.
• The action is barred by prior judgment
- If there are 2 or more defendants, it shall be filed
in the court of the city or municipality where any • The claim is barred by the statute of limitations
of them resides or is holding business at the • The court has no jurisdiction over the person of the
option of the plaintiff. defendant
• Venue is improperly laid
JOINDER OF CLAIMS • Plaintiff has no legal capacity to sue
Plaintiff may join in a single statement of claim one or more • The Statement of Claim/s states no cause of action
separate small claims against a defendant provided that the total • a condition precedent for filing the claim has not been
amount claimed, exclusive of interest and costs, does not complied with
exceed P1,000,000
• Plaintiff failed to submit the required affidavits
AFFIDAVITS
The order of dismissal shall state if it is with or without prejudice.
The affidavits submitted under this Rule shall state only
facts of direct personal knowledge of the affiants or based on
authentic records, which are admissible in evidence. A violation
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If, during the hearing, the court is able to determine that there order the plaintiff to serve or cause the service
exists a ground for dismissal, the court may, on its own initiative, of Summons.
dismiss the case even if such ground is not pleaded in the
defendant's Response. Where Summons is to be served outside the
judicial region of the court where the case is
If plaintiff misrepresents that he/she/it is not engaged in the pending, the court may order the plaintiff or
business of lending, banking, or similar activities, the Statement his or her representative to serve or cause the
of Claim/s shall be dismissed with prejudice and plaintiff shall service of Summons.
be meted the appropriate sanctions, including citation for direct
contempt. If the plaintiff is a juridical entity, it shall notify
the court, in writing, and name its authorized
If the case does not fall under this Rule, but falls under representative therein, attaching a board
summary or regular procedure, or if the case is filed under resolution or secretary's certificate stating that
summary or regular procedure but falls under this Rule, the such representative is duly authorized to
case shall not be dismissed. The case shall be re-docketed serve the Summons on behalf of the plaintiff
under the appropriate procedure, and returned to the court
where it was assigned, subject to payment of any deficiency in If the plaintiff misrepresents that the
the applicable regular rate of filing fees. defendant was served, the case shall be
dismissed with prejudice, the proceedings
SUMMONS AND NOTICE OF HEARING shall be nullified, and the plaintiff shall be
The court shall forthwith issue Summons within 24 hours from declared in indirect contempt and/ or be
receipt of the Statement of Claim/s, directing the defendant to meted a fine of P5,000
submit a verified Response.
The plaintiff shall inform the court within 30
The Summons shall be accompanied by a copy of the Statement calendar days from notice if said Summons
of Claim/s and documents submitted by plaintiff, and a blank was served; otherwise, the Statement of
Response Form Claim/s shall be dismissed without prejudice
as to those who were not served with
NOTICE OF HEARING Summons. The case may be re-filed within
The court shall also issue a Notice of Hearing to both parties, one year from notice of dismissal, subject to
directing them to appear before it on a specific date and time payment of reduced filing fees
with a warning that no unjustified postponement shall be
allowed. RESPONSE
The defendant shall file with the court and serve on the
A blank SPA shall be attached to the Notice plaintiff a duly accomplished and verified Response within a
non-extendible period of 10 calendar days from receipt of
The Notice shall contain: Summons.
• date of the hearing à not more than 30 calendar days
from the filing of the Statement of Claim or not more The Response shall be accompanied by certified photocopies of
than 60 calendar days if one of the defendants resides documents, as well as affidavits of witnesses and other evidence
or holds business outside the judicial region in support thereof.
• express prohibition against the filing of a motion to
dismiss or other prohibited motions No evidence shall be allowed during the hearing which
was not attached to or submitted together with the Response,
Electronic Filing and Service unless good cause is shown for the admission of additional
The service of court issuances and filings by the plaintiff/s and evidence.
defendant/s may be made through email, facsimile, and other
electronic means. Notices may also be served through mobile Effect of Failure to File Response / Date Set for Hearing
phone calls, SMS, or instant messaging software applications. - the court shall render judgment within 24 hours
The consent and chosen mode shall be indicated in the from the termination of the hearing as may be
Statement of Claim/s or Response. warranted by the facts alleged in the Statement of
Claim and its attachments.
SERVICE OF SUMMONS
The Summons and Notice of Hearing must be issued within 24 Should the defendant fail to file his/her/its Response but appear
hours from receipt of the Statement of Claim/s on the date set for hearing, the court shall ascertain what
defense he/she/it has to offer, which shall constitute his/her/ its
The Summons, together with the Notice of Hearing, shall be Response, proceed to hear the case on the same day as if a
served by the sheriff within 10 calendar days from issuance. Response has been filed and, thereafter, render judgment within
24 hours from the termination of the hearing. If the defendant
Within 5 calendar days from such service, the Officer's Return relies on documentary evidence to support his defense, the
shall be filed with the court. court shall order him/her/it to submit original copies of such
documents within 3 calendar days from the termination of the
If Summons is returned without being served hearing and, upon receipt thereof or expiration of the period to
on any or all of the defendants, the court shall file, the court shall render judgment within 24 hours.
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COUNTERCLAIMS immediately submitted to the court for approval at the

Same with counterclaims in Summary Procedure, except that hearing
the amount pleaded must not be in excess of P1,000,000 - The court shall render judgment based on the
excluding interests and costs compromise agreement within 24 hours and furnish
copies thereof to the parties
Availability of Forms; Assistance by Court Personnel - If at any time before or at the hearing, a compromise
- The Clerk of Court or other court personnel shall provide agreement is submitted, signed by both parties, but
such assistance as may be requested by a plaintiff or a only 1 or neither party appears to confirm it, the court
defendant regarding the availability of forms and other shall issue an order directing the non-appearing party
information about the coverage, requirements, as well as to confirm within 3 calendar days from notice thereof;
procedure, for small claims cases. otherwise, it shall be deemed confirmed.
- The Branch Clerk of Court must ensure that there should be
at least 1 hearing day every week devoted to Small Claims FAILURE TO SETTLE
with a minimum of 5 cases scheduled per hearing day. The court shall immediately proceed to hear the case in an
- Cases with the same plaintiff may all be set on the same informal and expeditious manner and, thereafter, render
date. judgment within 24 hours from termination of the hearing.
- The Court should post a notice of its Small Claims hearing
day conspicuously at the Branch and at the Office of the DECISION
Clerk of Court. After the hearing, the court shall render its decision based on
the facts established by the evidence, within 24 hours from
APPEARANCE termination of the hearing.
- The parties shall personally appear. Appearance through a
representative must be for a valid cause. The § final, executory and unappealable
representative must not be a lawyer and must be authorized
under a SPA, board resolution or secretary's certificate to EXECUTION
enter into an amicable settlement of the dispute and to enter When the decision is rendered and proof of receipt thereof is on
into stipulations or admissions of facts and of documentary record, execution shall issue upon ex parte motion of the
exhibits. winning party. However, a decision based on compromise shall
not be covered by the requirement of proof of receipt.
- No attorney shall appear on behalf of or represent a party,
unless the attorney is the plaintiff or defendant. RIG: Do the rules on mediation/judicial dispute resolution apply
to small claims cases? No, inasmuch as the parties may enter
- If the court determines that a party cannot properly present into compromise at any stage of the proceedings.
his/her/its claim or defense and needs assistance, the court
may, in its discretion, allow another individual who is not an What if in the small claims case there is a claim of breach
attorney to assist that party upon the latter's consent. of lease contract. You are recovering unpaid rentals and are
also claiming for the defendant to vacate the premises. You
Non-appearance of parties filed it with form of statement of claims filed for a small
- shall be cause for the dismissal of the Statement of claims procedure. Will the case be dismissed? No. Because
Claim/s without prejudice the court which has jurisdiction over unlawful detainer cases is
- defendant who appears in the absence of the plaintiff MTC. If you file it through small claims the case is actually filed
shall be entitled to judgment on the counterclaim with the MTC. It cannot be dismissed because jurisdiction is
- Failure of the defendant to appear shall have the same provided by law and the law provides that the MTC has exclusive
effect as failure to file a Response. This shall not apply jurisdiction of the case. In this case you filed it with the proper
where one of two or more defendants who are sued court except that your procedure is wrong. It will be redocketed
under a common cause of action and have pleaded a from small claims to summary procedure.
common defense appears at the hearing.
- Failure of both parties to appear shall cause the
dismissal with prejudice of both the Statement of
Claim/s and the counterclaim.

POSTPONEMENT WHEN ALLOWED

request for postponement of a hearing may be granted upon
proof of the physical inability of the party to appear; a party may
avail of only 1 postponement.

HEARING

SETTLEMENT
- At the hearing, the judge shall first exert efforts to bring
the parties to an amicable settlement of their dispute.
Settlement discussions must be conducted in strict
confidentiality.
- Any settlement or resolution of the dispute shall be
reduced into writing, signed by the parties, and
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MODULE 3 An answer may be responded to by a reply only if the defending

party attaches an actionable document to the answer.
RULE 6
KINDS OF PLEADINGS • Complaint
• Answer
Section 1. Pleadings defined. – Pleadings are the written • Counterclaim, counter-counterclaim
statements of the respective claims and defenses of the parties • Crossclaim, counter-cross-claim
submitted to the court for appropriate judgment. • Third-party complaint
• Complaint-in-intervention
PURPOSE • Reply only if the defending party attaches an actionable
- to develop and present the precise points in dispute document to the answer
between the parties
- to inform the court and the parties of the facts in issue SUMMARY PROCEDURE SMALL CLAIMS
- to notify the opposite party of the facts which the - Complaint - Statement of Claim
pleader expects to prove, so that he may not be misled - Compulsory counterclaim (instead of Complaint;
in the preparation of his case pleaded in the answer no formal pleading
- to secure a method by which the issues may be - Crossclaim pleaded in the necessary to initiate)
properly laid before the court answer - Verified Response
- to supply the framework that guides the court in - Reply (instead of Answer)
conducting the proceedings - Counterclaim in the
- actions of the court primarily depend upon the parties’ Response
allegations in their pleadings PROHIBITED PLEADINGS
- Permissive counterclaim - Reply
CONSTRUCTION OF PLEADINGS - 3rd party complaint - 3rd party complaint
- liberally construed so as to do substantial justice - Pleading-in-intervention - Interventions
- fair and reasonable construction in accordance with the
natural intendment of the words and language used Ø Nature of the pleading determined by the allegations of
and the subject matter involved the complaint and character of the relief sought
- intention of the pleader is the controlling factor
- should be read in accordance with its substance, not COMPLAINT
its form
Section 3. Complaint. – The complaint is the pleading alleging
Ø a party is strictly bound by the allegations, statements the plaintiff’s or claiming party’s cause or causes of action. The
or admissions made in his pleadings and cannot be names and residences of the plaintiff and defendant must be
permitted to take a contradictory position stated in the complaint.
Ø In case there are ambiguities in the pleadings, the Ø A complaint is an initiatory pleading, hence subject to
same must be construed most strongly against the the requirements on payment of docket fees and
pleader and that no presumption in his favor shall be certification against forum shopping.
indulged in.
Filing:
REASON: it is the pleader who selects the language - act of representing the complaint to the clerk of court
used - signifies the commencement of the civil action
- acquisition of jurisdiction over the person of the plaintiff
Motion: An application for relief other than by a pleading (Rule (also upon payment of docket fees)
15 S1) - interruption of prescription
Pleading Motion TEST OF SUFFICIENCY OF FACTS ALLEGED IN THE
Purpose is to submit a claim Purpose is to apply for an COMPLAINT: Whether admitting the facts alleged, the court
or defense for appropriate order not included in the could render a valid judgement upon the same in accordance
judgement judgement with the prayer of the petition or complaint
Must be written May be oral when made in
open court or in the course of ANSWER
a hearing or trial
May be initiatory not on its own an initiatory Section 4. Answer. – An answer is a pleading in which a
pleading, but may be part of defending party sets forth his or her defenses.
an initiatory pleading
Ø When the complaint is filed and the fees are paid, the
Section 2. Pleadings allowed. – The claims of a party are clerk of court issues the summons to the defendant.
asserted in a complaint, counterclaim, crossclaim, third (fourth, The summons instructs the defendant to answer the
etc.)-party complaint, or complaint-in-intervention. complaint. The defendant, upon the service of
summons, may file:
The defenses of a party are alleged in the answer to the pleading o a motion for bill of particulars if there are
asserting a claim against him or her. allegations that require clarification
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o a motion to dismiss if a ground exists desires to deny only a part of an averment, he or she shall
o If no ground for either exists, the wiser move specify so much of it as is true and material and shall deny
is to serve and file his answer to prevent his only the remainder. Where a defendant is without
being declared in default. knowledge or information sufficient to form a belief as to the
truth of a material averment made [to] the complaint, he or
Ø may be an answer to the complaint, counterclaim, or a she shall so state, and this shall have the effect of a denial.
cross-claim
Specific Denial Actionable Documents
Ø there is no answer to a reply if the adverse party desires to deny the genuineness and
due execution of the actionable document, he must:
Ø since the answer merely responds to a claim, an (a) specifically deny the genuineness and due
answer is called a “responsive” pleading. execution of the document, and set forth what
he claims to be the facts, and
All new matters alleged in the answer are deemed (b) make the denial under oath (Sec. 8, Rule 8)
controverted. If the plaintiff wished to interpose any claims
arising out of the new matters so alleged, such claims shall be If he does not specifically deny, he is deemed to have
set forth in: admitted the genuineness and due execution of that
o amended or supplemental complaint; or document.
o reply (if the defending party attaches an actionable
document to his or her answer) Failure to deny the genuineness and due execution of an
actionable document does not preclude a party from
R: Plaintiff files a complaint against B and C who are made co- arguing against it by evidence of fraud, mistake,
defendants. C files an answer serving a copy thereof upon P. compromise, payment, statute of limitations, estoppel, and
Does C also need to serve a copy upon B? No. A co-defendant want of consideration since these defenses are not barred
does not need to serve a copy of the answer against a co- by admission.
defendant, except where there is a cross-claim in the answer or
in case of S5 R62 in interpleader where the conflicting claimants Reply
should serve a copy of the answer on their co-defendants. Rule 6, Sec. 10. – All new matters alleged in the answer
are deemed controverted. If the plaintiff wishes to interpose
Section 5. Defenses. – Defenses may either be negative or any claims arising out of the new matters so alleged, such
affirmative. claims shall be set forth in an amended or supplemental
complaint. However, the plaintiff may file a reply only if the
(a) A negative defense is the specific denial of the material defending party attaches an actionable document to his or
fact or facts alleged in the pleading of the claimant her answer. A reply is a pleading, the office or function of
essential to his or her cause or causes of action. which is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said actionable
(b) An affirmative defense is an allegation of a new matter document.
which, while hypothetically admitting the material
allegations in the pleading of the claimant, would Rejoinder
nevertheless prevent or bar recovery by him or her. In the event of an actionable document attached to the
reply, the defendant may file a rejoinder if the same is based
The affirmative defenses include fraud, statute of solely on an actionable document.
limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and COMPLAINT BY P à ANSWER BY D (w/ AD) à REPLY
any other matter by way of confession and avoidance. BY P (w/ AD) à REJOINDER BY D

Affirmative defenses may also include grounds for the

dismissal of a complaint, specifically, that the court has ALLEGATIONS NOT SPECIFICALLY DENIED DEEMED
no jurisdiction over the subject matter, that there is another ADMITTED à Rule 8, Sec. 11. Allegations not specifically
action pending between the same parties for the same denied deemed admitted. – Material averments in a
cause, or that the action is barred by a prior judgment. pleading asserting a claim or claims, other than those as
to the amount of unliquidated damages, shall be deemed
NEGATIVE DEFENSES admitted when not specifically denied.

PURPOSE: to specifically deny the material averments in the Ø If the allegations are deemed admitted, there is no
pleading of the claiming party more triable issue between the parties and if the
admissions appear in the answer of the defendant,
- stated in the form of a specific denial; if not specific, it the plaintiff may file a motion for judgment on the
is general which is considered an admission pleadings

Specific Denial; Rule 8, Sec. 10. – A defendant must Ø Reference must be made to the paragraph sought
specify each material allegation of fact the truth of which he to be denied since the rule requires that the
or she does not admit and, whenever practicable, shall set defendant must “specify each material allegation of
forth the substance of the matters upon which he or she fact”. A blanket denial, which reads: “Defendant
relies to support his or her denial. Where a defendant specifically denies all the material allegations in the
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complaint,” is not a specific denial. The use of the - a negative implying also an affirmative and which,
word “specific” does not make the denial specific. although stated in a negative form, really admits the
The blanket denial is actually a general denial, allegations to which it relates
hence, an admission. - a denial pregnant with the admission of the substantial
PURPOSE OF A SPECIFIC DENIAL: facts in the pleading responded to which are not squarely
- create issues to be proven, for without which, there is no denied
necessity for a trial since nothing is to be proven. In - in effect an admission of the averments it was directed at
evidentiary terms, there is no factum probandum (the - where a fact is alleged with qualifying or modifying
matter or proposition to be proven) language and the words of the allegation as so qualified
or modified are literally denied, it has been held that the
- to make defendant disclose the matters alleged in the qualifying circumstances alone are denied while the fact
complaint which he intends to disprove at the trial, itself is admitted
together with the matter which he relied upon to support - an ambiguous pleading, since it cannot be ascertained
the denial. whether it is the fact or only the qualification that is
intended to be denied
Kinds of specific denials
EFFECT: DEEMED ADMITTED
1. Absolute Denial – defendant specifies each material
allegation of fact the truth of which he does not admit and, Ex:
whenever practicable, sets forth the substance of the § “I had never borrowed money from the plaintiff from
matters upon which he relies to support his denial. 2011 to 2013” – may imply that the pleader had
borrowed money at some other time and was only
Ex: Defendant denies the truth of the allegations in par. 7 of denying that he did so during the years mentioned
the complaint alleging that he owes the plaintiff P450,000,
the truth being that it is the plaintiff who owes the defendant § Complaint: “Plaintiff extended a loan to Defendant in
the same amount (defendant absolutely denies his liability the amount of P500,000 on July 27, 2016, in Baguio
and alleges what to him are the actual facts) City." Answer: “Defendant specifically denies that
Plaintiff extended a loan to Defendant in the amount
2. Partial Denial – defendant does not make a total denial of of P500,000 in Baguio City” – It may be an admission
the material allegations in a specific paragraph; he denies that he borrowed the amount alleged although he
only a part of the averment. He specifies that part the truth may be denying the place where the loan was
of which he admits and denies only the remainder. contracted.

Ex: “Defendant admits the allegations in par. 5 of the § Complaint: “The defendant evicted him and the other
complaint, that Plaintiff sustained injuries when his car lawful occupants of the property by intimidating them
collided with the herein Defendant’s car but denies the with an assault rifle” Answer: “Defendant denies
allegation that the collision occurred through Defendant's vigorously that he used or brandished an assault rifle
fault.” against the plaintiffs.” – could be an admission of
having intimidated the plaintiffs but not through the
3. Denial by Disavowal of Knowledge – defendant alleges that use of an assault rifle.
he “is without knowledge or information sufficient to form a
belief as to the truth of a material averment made in the § Complaint: respondent had an extramarital affair
complaint”; must be made sincerely and in good faith. When with a married woman; Answer: the affair did not
the defendant so but such matters are plainly and amount to gross immoral conduct and that no sexual
necessarily within the defendant's knowledge, a claim of abuse, threat or intimidation was exerted upon the
“ignorance or lack of information” will not be considered as woman. à admission of the existence of the affair
a specific denial. and that his denial only pertained to the existence of
a forced illicit relationship.
Ex: Mr. D denies the alleged promissory note by averring
lack of knowledge of the note. (This averment appears to AFFIRMATIVE DEFENSES
be one in bad faith because it is absurd for Mr. D not to - purpose is to prevent or bar recovery by the claiming
know of the promissory note he himself signed) party even if it hypothetically admits the material
allegations in the pleading of the claimant
NOT DEEMED ADMITTED BY FAILURE TO MAKE A - confession and avoidance
SPECIFIC DENIAL: - must be of such nature as to bar the plaintiff from
i. Amount of unliquidated damages claiming on his cause of action
ii. Conclusions in a pleading because it is for the court to - when the answer asserts affirmative defenses, there is
make conclusions. proper joinder of issues which must be ventilated in a
iii. Non-material averments or allegations because only full-blown trial on the merits
material allegations have to be denied
RULE 8, Section 12. Affirmative defenses. —
Example of conclusions of law: allegation of prescription, (a) A defendant shall raise his affirmative defenses in
characterization of a contract as void or voidable his answer, which shall be limited to the reasons set
forth under Section 5(b), Rule 6, and the following
NEGATIVE PREGNANT grounds:
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Ø The court has a duty to resolve the

1. That the court has no jurisdiction over the affirmative defenses
person of the defending party;
2. That venue is improperly laid; NOTE: Rule 15, Sec. 12(b): Prohibited motions. –
3. That the plaintiff has no legal capacity to sue; motion to hear affirmative defenses
4. That the pleading asserting the claim states no
cause of action; and Remedies
5. That a condition precedent for filing the claim Rule 8, Sec. 12(e): Affirmative defenses, if denied, shall not
has not been complied with. be the subject of a motion for reconsideration or petition for
certiorari, prohibition or mandamus, but may be among the
(b) Failure to raise the affirmative defenses at the matters to be raised on appeal after a judgment on the
earliest opportunity shall constitute a waiver thereof. merits.

(c) The court shall motu proprio resolve the above NOTE: Rule 15, Sec. 12(c): Prohibited motions – Motion for
affirmative defenses within 30 calendar days from the reconsideration of the court’s action on the affirmative
filing of the answer. defenses

(d) As to the other affirmative defenses under the first Defenses and objections not pleaded deemed waived;
paragraph of Section 5(b), Rule 6, the court may EXCEPTIONS
conduct a summary hearing within 15 calendar days
from the filing of the answer. Such affirmative defenses Rule 9, Sec. 1:
shall be resolved by the court within 30 calendar days
from the termination of the summary hearing. GR: Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed waived.
(e) Affirmative defenses, if denied, shall not be the
subject of a MR or petition for certiorari, prohibition or XPN: when it appears from the pleadings or the
mandamus, but may be among the matters to be raised evidence on record that:
on appeal after a judgment on the merits. - the court has no jurisdiction over the subject
matter
When there may be summary hearing: - there is another action pending between the
Rule 6, Sec. 5(b) par. 1: fraud, statute of limitations, same parties for the same cause
release, payment, illegality, statute of frauds, estoppel, - the action is barred by a prior judgment or by
former recovery, discharge in bankruptcy statute of limitations, the court shall dismiss
the claim.
Action of court
Rule 8, Sec. 12 (d): As to the other affirmative COUNTERCLAIM
defenses under Section 5(b), Rule 6, par. 1, the
court may conduct a summary hearing within 15 Section 6. Counterclaim. – A counterclaim is any claim which
calendar days from the filing of the answer. Such a defending party may have against an opposing party.
affirmative defenses shall be resolved by the
court within 30 calendar days from the termination May either be: 1) compulsory; or 2) permissive
of the summary hearing.
NATURE OF A COUNTERCLAIM
Ø the court has the discretion to conduct or not - partakes of a complaint by the defendant against the
the summary hearing for the resolution of plaintiff
the affirmative defense. If the court decides - in itself a distinct and independent cause of action and
not to conduct, the affirmative defenses when filed, there are 2 simultaneous actions between the
would be resolved during the trial proper. same parties
- when the defendant files a counterclaim against the
No summary hearing: plaintiff, the former becomes the plaintiff in the
Rule 6, Sec. 5(b), par. 2: the court has no jurisdiction counterclaim while the original plaintiff becomes the
over the subject matter, that there is another action defendant
pending between the same parties for the same cause, - not intrinsically a part of the answer because it is a
or that the action is barred by a prior judgment. separate pleading, it may, however, be included in the
answer. This inclusion is merely a matter of form. Thus,
Rule 8, Sec. 12 (a): no jurisdiction over the person of it is not uncommon to denominate these two pleadings
defendant, venue improperly laid, no legal capacity to as: “Answer with a Counterclaim.” [But not a Motion to
sue, no cause of action, condition precedent for filing Dismiss with a Counterclaim – not sanctioned]
not complied with
- A compulsory counterclaim is AUXILIARY to the
Action of court proceeding in the original suit and derives its
Rule 8, Sec. 12(c): The court shall motu proprio jurisdictional support therefrom. A counterclaim
resolve the above affirmative defenses within 30 presupposes the existence of a claim against the party
days from the filing of the answer. filing the counterclaim.
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NOTE: A counterclaim need not diminish or defeat the recover not barred even if not set up barred if not set up in the
sought by the opposing party but may claim relief exceeding in in the action action
amount or different in kind from that sought by the opposing Initiatory pleading Not an initiatory pleading
party. Payment of docket fees, Docket fees and certificates
certification against forum are not required (since it is
R: P files a case against D. D files a counterclaim against P. May shopping and whenever not initiatory)
P file a counterclaim against D’s counterclaim? Yes. A required by law, a certificate
counterclaim may be asserted against an original to file action issued by the
counterclaimant. Lupong Tagapamayapa
Must be answered by the Failure to answer not a cause
The Republic, through the PCGG and with the assistance of the party against whom it is for a default declaration →
OSG, filed with the SB a complaint against Cojuangco and Enrile interposed, otherwise, he issues raised in the
for reconveyance and damages. Enrile was granted leave of may be declared in default as counterclaim are deemed
court to implead Sol. Gen. Chavez as a defendant in a to the counterclaim automatically joined by the
counterclaim for filing a harassment suit. Was the filing of a allegations of the complaint
counterclaim against Sol. Gen. Chavez proper? No. A
counterclaim is any claim which a defending party may have REQUISITES OF COMPULSORY COUNTERCLAIM
against an opposing party. Chavez was not the opposing party 1. arises out of, or is connected with the transaction or
but merely the counsel of the opposing party. occurrence constituting the subject matter of the
opposing party’s claim
Is there an instance wherein a counterclaim may be asserted by 2. does not require for its adjudication the presence of
the defending party against one who is not an opposing party? third parties of whom the court cannot acquire
Yes. Under S13 R6, a third-party defendant may in proper cases jurisdiction
assert a counterclaim against the original plaintiff in respect of 3. claim is cognizable by the regular courts of justice and
the latter’s claim against the third-party plaintiff. such courts have jurisdiction to entertain the
counterclaim both as to amount and nature
BRINGING NEW PARTIES 4. must be within the jurisdiction of the court both as to
Rule 6 Sec. 12 - When the presence of parties other than those the amount and the nature thereof, except that in an
to the original action is required for the granting of complete relief original action before the RTC, the counterclaim may
in the determination of a counterclaim or crossclaim, the court be considered compulsory regardless of the amount
shall order them to be brought in as defendants, if jurisdiction 5. it must be existing at the time the defendant files his
over them can be obtained. answer
EXISTING COUNTERCLAIM OR CROSS-CLAIM TESTS ON WHETHER COMPULSORY/PERMISSIVE:
Rule 11 Sec. 8 – A compulsory counterclaim or cross-claim that (a) Are the issues of fact and law raised by the claim and
a defending party has sat the time he or she files his or he the counterclaim largely the same?
answer shall be contained therein (b) Would res judicata bar a subsequent suit on
defendant's claims, absent the compulsory
Section 7. Compulsory counterclaim. – A compulsory counterclaim rule?
counterclaim is one which, being cognizable by the regular (c) Will substantially the same evidence support or refute
courts of justice, arises out of or is connected with the plaintiffs claim as well as the defendant's
transaction or occurrence constituting the subject matter of counterclaim?
the opposing party’s claim and does not require for its (d) Is there any logical relation between the claim and the
adjudication the presence of third parties of whom the court counterclaim?
cannot acquire jurisdiction. - most compelling test: where conducting
separate trials would entail a substantial
Such a counterclaim must be within the jurisdiction of the court duplication of effort and time by the parties
both as to the amount and the nature thereof, except that in an and the court
original action before the RTC, the counterclaim may be (e) test of opposition or inconsistency: would the grant of
considered compulsory regardless of the amount. the complaint necessarily defeat or negate the
counterclaim? Would the grant of the counterclaim
A compulsory counterclaim not raised in the same action is necessarily defeat or negate the complaint? If yes, the
barred, unless otherwise allowed by these Rules. counterclaim is compulsory; if no, the counterclaim is
permissive.
“transaction or occurrence” - include the facts out of which a
cause of action may arise Illustration:
Accion publiciana filed with the RTC where the value of the land
Permissive Compulsory is P1M and defendant claims for reimbursement of P50,000. The
does not arise out of, not arises out of or is necessarily reimbursement is considered compulsory counterclaim because
necessarily connected with connected with the the original action was filed with the RTC.
the subject matter of the transaction or occurrence
opposing party’s claim; if any that is the subject matter of Ø The nature of the action is always material such that
of the elements of a the opposing party’s claim unlawful detainer cannot be set up in the RTC
compulsory counterclaim is
absent
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Ø If the counterclaim is filed in the MTC in excess of its • Rule 11 Sec. 9. Counterclaim or crossclaim arising
jurisdictional amount, it is considered permissive, and after answer: If it is a counterclaim which either
the excess is considered waived matured or was acquired by a party after serving his
answer → may be pleaded by filing a supplemental
Ø The remedy where the counterclaim is beyond the answer or pleading before judgement, with permission
jurisdiction of the MTC, is to set off the claims and file of the court
a separate action to collect the balance
• Rule 11 Sec. 10. Omitted counterclaim or crossclaim:
Ø A counterclaim beyond court’s jurisdiction may only be When a pleader fails to set-up a counterclaim through
pleaded by way of defense. If found to be meritorious, oversight, inadvertence, excusable negligence, or
the complaint may be dismissed on the ground that when justice requires → set-up counterclaim by
defendant has the bigger credit. amendment of the pleadings before judgement, with
leave of court
Ø The result will differ, however, when the original action
is filed with the RTC where the counterclaim may be PERIOD TO ANSWER COUNTERCLAIM: 20 days from service
deemed compulsory regardless of the amount (even if (Rule 11, Sec. 4)
lesser than jurisdictional amount)
EFFECT OF DISMISSAL OF A COMPLAINT ON THE
Other examples of counterclaim: COUNTERCLAIM ALREADY SET UP
• Recovery of land – reimbursement/compensation of
improvements • Situation under Rule 16, Sec. 6: Defendant does not
file a motion dismiss; instead, he files an answer and
• Any suit – expenses for being forced to litigate in an utilizes grounds for a motion dismiss as affirmative
unfounded or baseless complaint defenses. Included in the answer is a counterclaim.
During the hearing on affirmative defenses, the court
NOTE: A party who desires to plead a compulsory counterclaim dismissed the complaint à COUNTERCLAIM,
should not file a motion to dismiss but an answer with COMPULSORY OR PERMISSIVE IS NOT
counterclaim, and the ground for dismissal as an affirmative DISMISSED
defense. If he files a motion to dismiss and the complaint is
dismissed, there will be no chance to invoke the counterclaim. “Dismissal of the complaint shall be without prejudice
to the prosecution in the same or separate action of a
RIG: P filed suit for nullification of a promissory note against D counterclaim pleaded in the answer”
on the ground of usurious and unconscionable interest rates. D
counterclaimed for the payment of P1M loan with interest. He • Situation under Rule 17, Sec. 2: Plaintiff himself files a
however did not pay the docket fees. Should the counterclaim motion to dismiss his complaint after the defendant has
be dismissed for failure to pay docket fees? No. The pleaded his answer with counterclaim. The motion is
counterclaim for the payment of the loan with interest is granted by the court. à COUNTERCLAIM NOT
compulsory since it arises out of or is connected to the loan DISMISSED
transaction subject of the complaint. The grant of the
counterclaim would necessarily negate or defeat the suit for “Dismissal shall be limited to the complaint. The
nullification. Being compulsory, there is no need to pay the filing dismissal shall be without prejudice to the right of the
fees thereon. defendant to prosecute his counterclaim in a separate
action, unless within 15 days from notice of the motion,
WHEN FILED: he manifests his preference to have his counterclaim
• COMPULSORY – before there is judgment otherwise resolved in the same action.”
it will be barred by res judicata
• Situation under Rule 17, Sec. 3: The complaint is
• PERMISSIVE – may be filed at a later time, not barred dismissed through the plaintiff’s fault and at a time
by res judicata. If it has not been filed, it can stand when a counterclaim has already been set up. à
alone in a separate independent case. COUNTERCLAIM NOT DISMISSED

EFFECT OF FAILURE TO FILE COUNTERCLAIM “Dismissal is without prejudice to the right of the
defendant to prosecute his counterclaim in the same or
GR: A compulsory counterclaim or crossclaim, not set up shall separate action, The dismissal shall have the effect of
be barred. (Rule 9 Sec. 2) an adjudication upon the merits, unless otherwise
- In the same action (if filed concurrently – litis pendentia; declared by the court.”
if subsequently – res judicata)
- At the time the defending party files his answer EX:
Ratio: to achieve resolution of the whole controversy at
one time and in one action and to avoid multiplicity of R: Fernando mortgaged his land and building to the GSIS
suits to secure a loan he obtained from the latter. Fernando
defaulted, GSIS foreclosed on the loan and later acquired it
XPN: at the foreclosure sale. GSIS consolidated its title over the
realty after the lapse of the redemption period. GSIS
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awarded it to CMTC after public bidding. Fernando then foreclosure sale. D defaulted. D filed an action against P to
filed a suit against GSIS and CMTC for nullification of the nullify the REM on the ground that his wife did not give her
bid award to CMTC and for the declaration of his own bid as consent thereto. Judgment was rendered in favor of P
the winning one. GSIS filed an answer with counterclaim for dismissing D's complaint. a) P filed an action to collect on
the recovery of rentals which Fernando had been collecting the loan against D. Is the action barred? b) Instead of an
from CMTC despite the consolidation of title by the GSIS. action to collect on the loan, P filed an action for judicial
GSIS did not pay any filing fee on the counterclaim. RTC foreclosure against D. Is the action barred? c) Instead of an
dismissed Fernando's complaint and granted GSIS’s action to collect or for judicial foreclosure, P filed a petition
counterclaim. On appeal, the Court of Appeals affirmed the for extrajudicial foreclosure against D. Is the action barred?
dismissal but deleted the award of rentals in favor of the
GSIS. a) Is the counterclaim of GSIS for rentals a a) No. It is not a compulsory counterclaim which should have
compulsory or a permissive counterclaim? b) Did the CA been set up by P in the action for nullification of the REM. A
rule correctly in deleting the award of rentals to GSIS? judgment nullifying the REM would not preclude P from
collecting on the principal loan.
a) PERMISSIVE, the evidence needed by b) Yes. A judgment nullifying the mortgage would necessarily
Femando to cause the annulment is different from that needed preclude an action to foreclose upon it; hence the action for
by GSIS to establish its claim for the recovery of rentals. A judicial foreclosure is a compulsory counterclaim which is barred
favorable judgment on Fernanco’s complaint to nullify the since it was not set up in the nullification suit.
GSIS's bid award to CMTC would not preclude a favorable c) No. The right to foreclose extrajudicially is a substantive right
judgment for GSIS on its counterclaim/ which cannot be repealed or abrogated by a procedural rule.
Besides a petition for extrajudicial foreclosure, being precisely
b) Yes, CA correctly deleted the award of rentals to GSIS since extrajudicial, cannot be set up as a counterclaim before a regular
the RTC did not acquire jurisdiction over it for failure to pay the court.
filing fees, thus insofar as the permissive counterclaim is
concerned, it is null and void. P files a suit against D before the RTC. Assuming that D's
counterclaim arises out of or is connected to the
COMPULSORY – action for recovery of land – improvements transaction or occurrence constituting the subject matter of
reimbursement P's claim, can D file a counterclaim:
a) For ejectment?
R: Calibre Traders entered into a distributorship agreement b) For sum of money (P350,000)?
with Bayer where Calibre is entitled to rebates and c) For support?
discounts, Alleging abuse of right, Calibre filed an action d) For infringement of D's patent?
for damages against Bayer for refusing to reconcile e) For delivery of title over a subdivision lot which P, as a
accounts and by appointing other distributors in subdivision developer, sold to D?
Pangasinan and Tarlac, Bayer filed an answer with
counterclaim for unpaid accounts under the distributorship a) No, a counterclaim must be within the jurisdiction of the court
agreement. Calibre filed a motion to dismiss the as to its nature.
counterclaim on the ground that it was permissive, and
Bayer had not paid the docket fees thereon. Bayer opposed b) Yes. In the RTC, a counterclaim may be considered as
the motion arguing that its counterclaim was compulsory. compulsory regardless of the amount thereof.
a) Was Bayer's counterclaim permissive or compulsory? b)
Did the trial court rule properly in dismissing Bayer’s c) No. The counterclaim must be cognizable by the regular
counterclaim? courts of justice. An action for support is cognizable by a special
court, that is, the family court.
a) PERMISSIVE, although the rights and obligations of the
parties are anchored on the same contract, the causes of action d) It depends if the RTC is also a special commercial court.
they filed against each other are distinct and do not involve the court, then the counterclaim
same factual issues. There is no logical relationship between the
two. The counterclaim for collection of money is not intertwined e) No. The counterclaim is within the jurisdiction of the HLURB.
with or contingent on Calibre’s own claim for damages. Both
actions involve the presentation of different pieces of evidence. Fe filed a collection suit for P387,000 against Ramon in the
Calibre’s suit had to present evidence of malicious intent, while RTC. Ramon set up counterclaims for P100,000 as damages
Bayer's objective was to prove nonpayment of purchases. The and P30,000 as attorney's fees as a result of the baseless
grant of Bayer's counterclaim for unpaid accounts would not filing of the complaint, as well as for P250,000 as the
necessarily defeat or negate Calibre’s suit for damages based balance of the purchase price of 30 units of air conditioners
on abuse of righis. he sold to Fe. a) Does the RTC have jurisdiction over
Ramon's counterclaims and if so does he have to pay
b) No, the trial court did not act properly in dismissing the docket fees therefor?
counterclaim of Bayer. Bayer was in good faith in not paying the
docket fee since it relied upon the trial court's earlier order a) The RTC has jurisdiction for P130,000 as damages and
denying the motion to strike out the counterclaim and stating that attorney's fees but it does not have jurisdiction over the
the counterclaim was compulsory. counterclaim for P250,000. A counterclaim must be within the
jurisdiction of the court as to the nature and amount of the
D borrowed P1M from P secured by a REM. The mortgage counterclaim. However, in an original action before the RTC the
contained a SPA authorizing P to sell the real estate at the counterclaim may be considered as compulsory regardless of its
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amount, not depriving the RTC of jurisdiction. Hence, the RTC EXISTING COUNTERCLAIM OR CROSS-CLAIM
has jurisdiction over P130,000 which is a compulsory Rule 11 Sec. 8 – A compulsory counterclaim or cross-claim that
counterclaim even though the amount thereof does not exceed a defending party has at the time he or she files his or her
P300,000. The RTC however does not have jurisdiction over the answer shall be contained therein.
permissive counterclaim for P250,000.
EFFECT OF FAILURE TO FILE CROSS-CLAIM
Ramon does not have to pay docket fees on the P130,000 GR: A cross-claim, not set up shall be barred. (Rule 9 Sec. 2)
counterclaim, While S7(a) R141 as amended on 16 August 2004
imposes docket fees on compulsory counterclaims filed before Ø The crossclaim that shall be barred is that ALREADY
the RTC, the payment of such docket fees has been suspended EXISTING at the time the answer is filed
by the Supreme Court in its en banc resolution dated 21
September 2004 [A.M, No.04-2-04-SC)). XPN:
• Rule 11 Sec. 9. Counterclaim or cross-claim arising
Ø the amount of the compulsory counterclaim should not after answer: If it is a counterclaim which either
be added to the amount of the permissive counterclaim matured or was acquired by a party after serving his
to determine jurisdiction answer → may be pleaded by filing a supplemental
Ø 2 or more permissive counterclaims – totality rule answer or pleading before judgement, with permission
of the court
CROSSCLAIM
• Rule 11 Sec. 10. Omitted counterclaim or crossclaim:
Section 8. Cross-claim. – A cross-claim is any claim by one When a pleader fails to set-up a counterclaim through
party against a co-party arising out of the transaction or oversight, inadvertence, excusable negligence, or
occurrence that is the subject matter either of the original action when justice requires → set-up counterclaim by
or of a counterclaim therein. Such cross-claim may cover all or amendment of the pleadings before judgement, with
part of the original claim. leave of court

Ø While a counterclaim is asserted by a defending party • When it is outside the jurisdiction of the court - If the
against a claimant, a cross-claim is asserted by a court cannot acquire jurisdiction over the third parties
defending party against a co-defending party so that whose presence is necessary for the adjudication of
the latter may be held liable for the claim which the said cross-claim (permissive cross-claim)
claimant seeks to recover from the cross-claimant.
Ø A cross-claim cannot be set up for the first time on
REQUISITES: appeal since if not set up it shall be barred
(a) Can be filed only against a co-party
(b) Must arise out of the subject matter of the complaint PERIOD TO ANSWER: 10 days from service
(c) Proper only where cross claimant stands to be prejudice
by the filing of the action against him NOTE: The dismissal of the complaint carries with it the
dismissal of a cross-claim which is purely defensive, but not a
PURPOSE: to settle in a single proceeding all claims of the cross-claim seeking an affirmative relief.
different parties against each other in the case in order to avoid
multiplicity of suits COUNTER-COUNTERCLAIMS AND COUNTER-CROSS-
CLAIMS
• A cross-claim is an initiatory pleading, subject to the
requirements on the payment of docket fees and Section 9. Counter-counterclaims and counter-cross-
certification against forum shopping. claims. – A counterclaim may be asserted against an original
counter-claimant.
COUNTERCLAIM CROSSCLAIM
Against opposing party Against co-party A cross-claim may also be filed against an original cross-
May or may not arise out of Must arise from the claimant.
the subject matter of the transaction or occurrence
complaint (may be that is the subject matter of REPLY
compulsory or permissive) the original complaint /
counterclaim Section 10. Reply. – All new matters alleged in the answer
May not be compulsory Always compulsory are deemed controverted.
Need not be answered if Must be answered otherwise
compulsory may be declared in default If the plaintiff wishes to interpose any claims arising out of the
new matters so alleged, such claims shall be set forth in an
BRINGING NEW PARTIES amended or supplemental complaint. However, the plaintiff may
Rule 6 Sec. 12 - When the presence of parties other than those file a reply only if the defending party attaches an actionable
to the original action is required for the granting of complete relief document to his or her answer.
in the determination of a counterclaim or cross-claim, the court
shall order them to be brought in as defendants, if jurisdiction A reply is a pleading, the office or function of which is to deny,
over them can be obtained. or allege facts in denial or avoidance of new matters alleged in,
or relating to, said actionable document.
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In the event of an actionable document attached to the reply, the may, with leave of court, file against a person not a party to
defendant may file a rejoinder if the same is based solely on an the action, called the third (fourth, etc.)-party defendant, for
actionable document. contribution, indemnity, subrogation or any other relief, in
respect of his or her opponent’s claim.
FUNCTION: to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the answer and The third (fourth, etc.)-party complaint shall be denied
thereby join or make issue as to such new matters admission, and the court shall require the defendant to institute
a separate action, where:
Ø A party cannot, in his reply, amend his cause of action
or introduce therein new or additional causes of action (a) the third (fourth, etc.)-party defendant cannot be located
within 30 calendar days from the grant of such leave;
Ø Responsive pleading to an ANSWER, not to a
counterclaim or crossclaim (proper response therein is (b) matters extraneous to the issue in the principal case are
an Answer to Counterclaim/Crossclaim) raised; or

“DEEMED CONTROVERTED” (c) the effect would be to introduce a new and separate
if a party does not file such reply, all the new matters alleged in controversy into the action.
the answer are deemed controverted or denied. No admission
follows from the failure to file a reply. - A third-party complaint is a claim that a defending party
may file against a person not a party to the action for
Ex: if the answer alleges prescription as a defense, failure of the contribution, indemnity, subrogation, or any other
plaintiff to specifically deny the prescription will not amount to an relief in respect of this opponent’s claim.
admission that the debt has prescribed
- Independent of and separate and distinct from plaintiff’s
Again, unlike in a COMPLAINT – failure to specifically deny the complaint
material allegations in the complaint shall mean the implied
admission of such material allegations - An initiatory pleading hence subject to payment of
docket fees and certification against forum shopping
REJOINDER
Second pleading on the part of the defendant, being his answer - Requires LEAVE OF COURT, hence its admission is
to the plaintiff’s replication. subject to judicial discretion.

EFFECT OF FAILURE TO FILE A REPLY - Summons must be served in order to obtain jurisdiction
GR: Filing of a reply is optional as the new matters raised in the over the third-party defendant.
answer are deemed controverted even without a reply
- Merely AUXILIARY to and is a continuation of the main
XPN: Reply is necessary where the answer is based on an action; hence where the trial court has jurisdiction over
actionable document, in which case a verified reply is the main case, it also has jurisdiction over the third-
necessary, otherwise the genuineness and due execution of party complaint, regardless of amount involved
said actional document are generally deemed admitted
- A third-party complaint is inconceivable when the main
Rule 8, Sec. 8: “. . . the genuineness and due execution of the case is for a declaratory relief.
instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he PURPOSE: to avoid circuitry of action and unnecessary
claims to be the facts . . . “ proliferation of lawsuits and dispose expeditiously in one
litigation all the matters arising from one particular set of facts.
Ø A reply to a counterclaim or cross-claim is improper.
An answer thereto must be field instead within 10 days Ø Ex. officer of corporation à you can try to make a
from receipt thereof. counterclaim impleading the officer but it is
DISCRETIONARY on the Court and if it is DENIED
Reply Answer to Counterclaim then you file a third-party complaint.
Response to the defenses Response to a cause of
interposed by the defendant action by the defendant Section 12. Bringing new parties. – When the presence of
in his answer against the plaintiff parties other than those to the original action is required for the
Generally optional Generally mandatory; failure granting of complete relief in the determination of a counterclaim
to file an answer to the or cross-claim, the court shall order them to be brought in as
counterclaim shall render the defendants, if jurisdiction over them can be obtained.
plaintiff in default on the
counterclaim. Illustration: In an action to recover possession by a co-owner,
the defendant files a counterclaim to recover title to the same
THIRD-PARTY COMPLAINT property. The other co-owners may be brought in as defendant
to the counterclaim for complete relief thereon.
Section 11. Third, (fourth, etc.)-party complaint. – A third
(fourth, etc.)-party complaint is a claim that a defending party Section 13. Answer to third (fourth, etc.)-party complaint. –
A third (fourth, etc.)-party defendant may
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allege in his or her answer his or her defenses, counterclaims or

cross-claims, including such defenses that the third (fourth,
etc.)-party plaintiff may have against the original plaintiff’s claim.
In proper cases, he [or she] may also assert a counterclaim
against the original plaintiff in respect of the latter’s claim against
the third-party plaintiff.

PERIOD TO ANSWER: 15 days from service of summons (Rule

11, Sec. 5)

Illustrations:
A reinsurer (against whom a third-party complaint has been filed
by the defendant insurer) may set up in his answer the defense
alleged by the defendant insurer that the loss was caused by the
willful act of connivance of the plaintiff insured. However, the
third-party defendant reinsurer may not ordinarily file a
counterclaim against the plaintiff, there being no privity of
contract between them.

If a complaint is filed against the surety on a promissory note

executed jointly and severally by the surety and the principal
debtor. The surety may file a third-party complaint against the
principal debtor and the latter may assert a counterclaim against
the plaintiff.
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RULE 7 inclusion of a general prayer may justify the grant of a

PARTS AND CONTENTS OF PLEADINGS remedy different from or together with the specific
remedy sought, if the facts alleged in the complaint and
Parts of a Pleading: the evidence introduced so warrant
1. Caption (Sec. 1)
2. Text or the body (Sec. 2) “other reliefs and remedies just and equitable under the
3. Signature and address (Sec. 3) premises are likewise prayed for”
4. Verification (Sec. 4)
5. Certification against forum shopping (Sec. 5) (d) Date. — Every pleading shall be dated.

Section 1. Caption. — The caption sets forth the name of the Ø VERIFICATION & CERTIFICATION CANNOT BE
court, the title of the action, and the docket number if DATED BEFORE THE PLEADING, otherwise it would
assigned. be anomalous
The title of the action indicates the names of the parties. Importance: reglementary periods to answer,
They shall all be named in the original complaint or petition; but timeliness of pleading
in subsequent pleadings, it shall be sufficient if the name of the
first party on each side be stated with an appropriate indication
when there are other parties. Section 3. Signature and Address. —
(a) Every pleading and other written submissions to the court
Their respective participation in the case shall be indicated. must be signed by the party or counsel representing him or
her.
Ø Participation: plaintiff / defendant (b) The signature of counsel constitutes a certificate by him
or her that he or she has read the pleading and document; that
Ø Appropriate indication when there are other parties: to the best of his or her knowledge, information, and belief,
John Oliver Real, et al. formed after an inquiry reasonable under the circumstances:
Ø It is not the caption of the pleading but the allegations (1) It is not being presented for any improper purpose,
therein which determine the nature of the action, and such as to harass, cause unnecessary delay, or
the court shall grant relief warranted by the allegations needlessly increase the cost of litigation;
and proof even if no such relied is prayed for.
(2) The claims, defenses, and other legal contentions
Section 2. The Body. — The body of the pleading sets forth its are warranted by existing law or jurisprudence, or by a
designation, the allegations of the party's claims or defenses, non- frivolous argument for extending, modifying, or
the relief prayed for, and the date of the pleading. (DARD) reversing existing jurisprudence;

(a) Paragraphs. — The allegations in the body of a pleading (3) The factual contentions have evidentiary support or,
shall be divided into paragraphs so numbered to be readily if specifically so identified, will likely have evidentiary
identified, each of which shall contain a statement of a single set support after availment of the modes of discovery
of circumstances so far as that can be done with convenience. under these rules; and
A paragraph may be referred to by its number in all succeeding
pleadings. (4) The denials of factual contentions are warranted on
the evidence or, if specifically so identified, are
(b) Headings. — When 2 or more causes of action are joined, reasonably based on belief or a lack of information.
the statement of the first shall be prefaced by the words "first
cause of action," of the second by "second cause of action," and Reason: there are times when lawyers know they will lose but
so on for the others. they will file it for harassment or so that the other party will incur
unnecessary cause. So, to deter this they will put a burden of
When 1 or more paragraphs in the answer are addressed to 1 the lawyer.
of several causes of action in the complaint, they shall be
prefaced by the words "answer to the first cause of action" or Sanction or Violation of the Rule
"answer to the second cause of action" and so on; and when (c) If the court determines, on motion or motu proprio and
one or more paragraphs of the answer are addressed to several after notice and hearing, that this rule has been violated, it may
causes of action, they shall be prefaced by words to that effect. impose an appropriate sanction or refer such violation to the
proper office for disciplinary action, on any attorney, law firm,
(c) Relief. — The pleading shall specify the relief sought, but it or party that violated the rule, or is responsible for the violation.
may add a general prayer for such further or other relief as may Absent exceptional circumstances, a law firm shall be held
be deemed just or equitable. jointly and severally liable for a violation committed by its
partner, associate, or employee. The sanction may include, but
Ø Oftentimes referred to as the prayer shall not be limited to:

Ø court cannot grant a relief not prayed for in the • non-monetary directive or sanction;
pleadings or in excess of that being sought; but the • an order to pay a penalty in court; or
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• if imposed on motion and warranted for effective evidentiary support after a reasonable opportunity for
deterrence, an order directing payment to the movant discovery.
of part or all of the reasonable attorney's fees and other
expenses directly resulting from the violation, including The signature of the affiant shall further serve as a certification
attorney's fees for the filing of the motion for sanction. of the truthfulness of the allegations in the pleading.

The lawyer or law firm cannot pass on the monetary penalty to UNVERIFIED PLEADING
the client. A pleading required to be verified that contains a verification
based on "information and belief," or upon "knowledge,
information and belief," or lacks a proper verification, shall be
Ø Failure to sign a pleading may not be remedied, and treated as an unsigned pleading.
the lawyer and firm or party involved with such failure
to sign shall be held jointly and severally liable for a GR: Pleadings need not be under oath or verified
violation committed by its partner, associate, or
employee, unless there are exceptional circumstances. XPN: When otherwise specifically required by law or a Rule
o PLEADING HAS NO LEGAL EFFECT PLEADINGS THAT SHOULD BE VERIFIED: (not exclusive)
1. Certification against forum shopping
SIGNIFICANCE OF SIGNATURE OF COUNSEL 2. Statement of Claim for Small Claim Cases, as well as
A counsel's signature is such an integral part of a pleading that the Response thereto
failure to comply with this requirement reduces a pleading to a 3. Complaint for injunction
mere scrap of paper totally bereft of legal effect. 4. Application for appointment of receiver
5. Application for support pendente lite
Through the counsel’s signature, a lawyer asserts his 6. Complaint for forcible entry or unlawful detainer
competence, credibility, and ethics. Signing a pleading is such a 7. Petition for indirect contempt
solemn component of legal practice that the Court had decried 8. Petition for review from judgement or order
the delegation of this task to nonlawyers as a violation of the 9. Petition for review from RTC to the CA
Code of Professional Responsibility. Counsel's authority and 10. Petition for review from quasi-judicial agencies to CA
duty to sign a pleading are personal to him. The preparation and 11. Appeal by certiorari from CTA to SC
signing constitute legal work involving practice of law which is 12. Appeal by certiorari from CA to SC
reserved exclusively for the members of the legal profession. 13. Petition for annulment of judgements or final orders
and resolutions
Other requirements: 14. Petition for certiorari against judgements, or final
• Professional Tax Receipt Number orders or resolutions of constitutional commissions
• IBP Official Receipt Number indicating its date of issue 15. Petition for certiorari, prohibition, mandamus, and quo
• Roll of Attorneys Number warranto
• Number and date of issue of their Mandatory 16. Complaint for expropriation
Continuing Legal Education (MCLE) Certificate of 17. Petition for appointment of general guardian
Compliance or Certificate of Exemption. 18. Petition for leave to sell or encumber property of the
ward by a guardian
Ø Non-compliance, not “unsigned” pleading; 19. Petition for declaration of competency of a ward
administrative liability only 20. Petition for habeas corpus
21. Petition for change of name
22. Petition for voluntary judicial dissolution of a
Section 4. Verification. — Except when otherwise specifically corporation
required by law or rule, pleadings need not be under oath or 23. Petition for cancellation or correction of entries in the
verified. civil registry
HOW A PLEADING IS VERIFIED: PURPOSE OF VERIFICATION
A pleading is verified by an affidavit of an affiant duly To secure an assurance that the allegations in the petition are
authorized to sign said verification. The authorization of the true and correct, not merely speculative
affiant to act on behalf of a party, whether in the form of a
secretary's certificate or a SPA, should be attached to the EFFECT OF LACK OF VERIFICATION
pleading, and shall allege the following attestations: à unsigned pleading; does not necessarily render the pleading
(a) The allegations in the pleading are true and correct fatally defective, merely a FORMAL DEFECT. The court may
based on his or her personal knowledge, or based on order its submission or correction or act on the pleading if the
authentic documents; attending circumstances are such that the strict compliance with
the Rule may be dispensed with in order that ends of justice may
(b) The pleading is not filed to harass, cause be served thereby.
unnecessary delay, or needlessly increase the cost of
litigation; and Ø deemed substantially complied with when one who has
an ample knowledge to swear to the truth of the
(c) The factual allegations therein have evidentiary allegations in the complaint or petition signs the
support or, if specifically so identified, will likewise have verification, and when matters alleged in the petition
have been made in good faith or are true and correct
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Ø if there are several plaintiffs, not all need to sign the pursue simultaneous remedies in two different fora. Filing
verification (UNLIKE IN CFS – MUST BE SIGNED BY multiple petitions or complaints
ALL) constitutes abuse of court processes, which tends to degrade
the administration of justice, wreaks havoc upon orderly judicial
REASON: in verification, the purpose is merely to procedure, and adds to the congestion of the heavily burdened
secure assurance that the allegations are true and dockets of the courts
correct; in certification, one plaintiff cannot speak for
others that they did not file any case etc. REQUISITES
1. Identity of parties, or at least such parties represent
Section 5. Certification against Forum Shopping. — The the same interests in both actions
plaintiff or principal party shall certify under oath in the 2. Identity of rights asserted and relief prayed for, the
complaint or other initiatory pleading asserting a claim for relief being founded on the same facts
relief, or in a sworn certification annexed thereto and 3. Identity of the two preceding particulars is such that any
simultaneously filed therewith: judgement rendered in the pending case, would
amount to res judicata
(a) that he or she has not theretofore commenced any action
or filed any claim involving the same issues in any court, TEST TO DETERMINE EXISTENCE
tribunal or quasi-judicial agency and, to the best of his or Whether the elements of litis pendentia are present, or
her knowledge, no such other action or claim is pending whether a final judgement in one case amounts to res
therein; judicata in the other
(b) if there is such other pending action or claim, a complete
statement of the present status thereof; and WAYS OF COMMITTING FORUM SHOPPING
(c) if he or she should thereafter learn that the same or • Litis Pendentia – Filing multiple cases based on the
similar action or claim has been filed or is pending, he or same cause of action with the same prayer, the
she shall report that fact within 5 calendar days therefrom previous not having been resolved yet
to the court wherein his or her aforesaid complaint or
initiatory pleading has been filed. Requisites of Litis Pendentia
b. Identity of parties or at least such as
representing the same interests in both
The authorization of the affiant to act on behalf of a party, actions
whether in the form of a secretary's certificate or a special power c. Identity of rights asserted and relief prayed
of attorney, should be attached to the pleading. for, the relief founded on the same facts
d. Identity of 2 cases such that judgement in
Failure to comply with the foregoing requirements shall not be one, regardless of which party is successful,
curable by mere amendment of the complaint or other initiatory would amount to res judicata in the other
pleading but shall be cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion • Res Judicata – Filing multiple cases based on the
and after hearing. same cause of action with the same prayer, the
previous having been resolved with finality
The submission of a false certification or non-compliance
with any of the undertakings therein shall constitute indirect Requisites of Res Judicata
contempt of court, without prejudice to the corresponding e. The former judgement or order must be final
administrative and criminal actions. f. The court which rendered it had jurisdiction
over the subject matter and the parties
If the acts of the party or his or her counsel clearly constitute g. The judgment must be based on the meris
willful and deliberate forum shopping, the same shall be h. There must be, between the first and the
ground for summary dismissal with prejudice and shall second actions, identity of:
constitute direct contempt, as well as a cause for i. Parties
administrative sanctions. ii. Subject matter
iii. Causes of action
FORUM SHOPPING
Committed when multiple suits involving the same parties and
• Splitting cause of action – Filing of multiple cases
the same causes of action are filed, either simultaneously or
based on the same causes of action but with different
successively, for the purpose of obtaining a favorable judgement
prayers (ground for dismissal is either litis pendentia or
through means other than appeal or certiorari
res judicata)

Ø Forum shopping is an act of malpractice for it trifles Ex of forum shopping:

with the courts, abuses their processes, degrades the • Ordinary appeal and certiorari in the CA seeking the
administration of justice and adds to the already reversal of the same RTC order
congested court dockets.
No forum shopping:
Ø Certification is MANDATORY but not jurisdictional • 2 unlawful detainer cases where only the 2nd one
was filed after the expiration of the lease – based
Purpose of prohibition: to prevent contradictory decisions of 2 on different grounds
or more courts on the same controversy; a party should not
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GR: must be signed by all the plaintiffs or petitioners in

• Petition for issuance of writ of possession and a case; otherwise, those who did not sign will be
action for ejectment – no similarity of actions dropped as parties to the case.

• DAR case and RTC as special agrarian court – not XPN: Under reasonable or justifiable circumstances,
forum shopping since the administrative as when all the plaintiffs share a common interest and
determination would not bind the SAC invoke a common cause of action or defense, the
signature of only one of them in substantially complies
• Quo warranto and impeachment with the Rule.

CERTIFICATION REQUIRED ONLY IN INITIATORY DEFECTS / NON-FILING OF CERTIFICATION AGAINST

PLEADINGS FORUM SHOPPING
1. Original civil complaint 1. Failure to comply with the requirements
2. Permissive counterclaim a. Not curable (unless there is substantial
3. Cross-claim compliance or special compelling reasons) by
4. Third (fourth, etc.) party complaint mere amendment
5. Complaint-in-intervention b. dismissal without prejudice unless otherwise
6. Any other petition or application wherein a party provided, upon motion and after hearing
asserts his claim for relief 2. False Certification or Noncompliance with any of the
undertakings therein
NOT INITIATORY PLEADINGS: a. indirect contempt of court, without prejudice to
• Answer administrative and criminal actions
• Ex parte petition for an issuance of a wit of possession 3. Willful and deliberate Forum Shopping
• Compulsory counterclaim a. Ground for summary dismissal (all actions),
with prejudice
GR: The certification against forum shopping must be executed b. Direct contempt of court
by the party-pleader and NOT his counsel. All c. Cause for administrative sanctions
plaintiffs/petitioners must sign the certification, otherwise, those
who did not assign will be dropped as parties. Ø Must be raised earlier, not on appeal

PARTY TO EXECUTE Ø The certification against forum shopping

• Plaintiff or principal party
DEFECTIVE DEFECTIVE
Ratio: It is the petitioner and not the counsel who is in VERIFICATION CERTIFICATION
the best position to know whether he or it actually filed Non-compliance – formal Generally not curable
or caused the filing of a petition. A certification signed defect
by the counsel is a defective certification and is a valid Court may order submission Curable if there is substantial
cause for dismissal. or correction compliance or special
circumstances and
XPN: If for reasonable or justifiable reasons, the party- compelling reasons
pleader is unable to sign, he must execute an SPA Deemed substantially Must be signed by all unless
designating his counsel of record to sign on his behalf complied with when: one who under reasonable and
has ample knowledge to justifiable circumstances,
• Juridical Entity: certification may be executed by a swear to the truth signs the when all the plaintiffs or
properly authorized person, who has personal verification and when petitioners share a common
knowledge of the facts required to be disclosed in the matters alleged in the petition interest and invoke a
certification against forum shopping. have been made in good common cause of action,
faith and are true and correct
Ex. of officials/employees of a company who can sign
the verification and certification without a board
resolution: Section 6. Contents. — Every pleading stating a party's claims
o Chairperson of the BOD or defenses shall, in addition to those mandated by Section 2,
o President of a corporation Rule 7, state the following:
o Personnel officer
o Employment specialist in a labor case (a) Names of witnesses who will be presented to prove a
o General manager or acting general manager party's claim or defense;

- even a belated submission of the written (b) Summary of the witnesses' intended testimonies,
authority of the board was found to be a provided that the judicial affidavits of said witnesses
substantial compliance shall be attached to the pleading and form an integral
part thereof. Only witnesses whose judicial affidavits
• Several plaintiffs: are attached to the pleading shall be presented by the
parties during trial. Except if a party presents
meritorious reasons as basis for the admission of
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additional witnesses, no other witness or affidavit shall

be heard or admitted by the court; and

(c) Documentary and object evidence in support of the

allegations contained in the pleading.
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RULE 8 - recognizes that the liability of the defendant may possibly

Manner of Making Allegations in Pleadings be based on either one of two or more possible causes
of action
REQUIRED ATTACHMENTS:
• Judicial affidavits - he may not be certain which of the causes of action would
• Documentary and object evidence in support of the squarely fit the set of facts alleged in the complaint,
allegations contained in the pleading although he is certain that he is entitled to relief
• Actionable documents / certified copy
- relieves a party from being compelled to choose only one
Section 1. In general. — Every pleading shall contain in a cause of action
methodical and logical form, a plain, concise and direct
statement of the ultimate facts, including the evidence on which - has affinity to Sec. 13, Rule 3 which authorizes suing two
the party pleading relies for his claim or defense, as the case or more defendants in the alternative.
may be.
- Pleading alternative causes of action normally leads to
If a cause of action or defense relied on is based on law, the inconsistent claims. Under this rule, the situation is
pertinent provisions thereof and their applicability to him or her permissible as long as the allegations pleaded within
shall be clearly and concisely stated. a particular cause of action are consistent with the
cause of action relied upon as an alternative. Thus, if
ULTIMATE FACTS: facts essential to a party’s cause of action the alternative cause of action is a breach of contract, the
or defense, or such facts as are so essential that they cannot be allegations therein must support the facts constituting the
stricken out without leaving the statement of the cause of action breach of the contract.
inadequate
- The rule does not require that all of the alternative causes
- Every pleading shall omit from its allegations, of action be sufficient for the plaintiff to be entitled to
statements of mere evidentiary facts relief. It is enough that one of them, if made
independently, would be sufficient to support a cause of
Ratio: Evidentiary matters are to be presented during action.
the trial of the case, not in the pleadings of the parties.
- The rule, likewise, permits alternative defenses. This is
consistent with even the Omnibus Motion Rule which
ULITMATE FACTS EVIDENTIARY FACTS requires that all motions attacking a pleading shall
essential to a party’s cause Those necessary to prove include all objections then available, and all objections
of action or defense, or such the ultimate fact or which not so included shall be deemed waived (Sec. 8, Rule
facts as are so essential that furnish the evidence of the 15)
they cannot be stricken out existence of some other facts
without leaving the statement Ø If there are alternative defenses which were not raised
of the cause of action – DEEMED WAIVED
inadequate
Section 3. Conditions precedent. — In any pleading a general
XPN: averment of the performance or occurrence of all conditions
• environmental case – complaint must state that it is an precedent shall be sufficient.
environmental case, and the law involved, and all - matters which must be complied with before a cause of
evidence proving the cause of action consisting of action arises
affidavits, documents, and if possible, object evidence,
shall be attached Ex:
• tender of payment before consignation
• small claims cases – statement of claim is required to • exhaustion of administrative remedies
be accompanied by the affidavits of witness and other • prior resort to barangay conciliation proceedings
evidence to support the claim, aside from photocopies • efforts toward compromise in suit between members of
of the actionable document to support the claim family
• arbitration
Section 2. Alternative causes of action or defenses. — A
party may set forth two or more statements of a claim or defense - non-compliance is a ground for motion to dismiss
alternatively or hypothetically, either in one cause of action or - compliance must be alleged in the pleading
defense or in separate causes of action or defenses.
Section 4. Capacity. — Facts showing the capacity of a party
When two or more statements are made in the alternative and to sue or be sued or the authority of a party to sue or be sued in
one of them if made independently would be sufficient, the a representative capacity or the legal existence of an organized
pleading is not made insufficient by the insufficiency of one association of person that is made a party, must be averred.
or more of the alternative statements.
A party desiring to raise an issue as to the legal existence of any
party or the capacity of any party to sue or be sued in a
representative capacity, shall do so by specific denial, which
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shall include such supporting particulars as are peculiarly within Ex: promissory note in sum of money, deed of mortgage
the pleader's knowledge. in foreclosure, contract of lease in ejectment case
[sales invoice not actionable document]
Ex:
o if A is suing as an agent of P, his being an RULE: Whenever an actionable document is the basis of a
agent has to be alleged; otherwise, he shall pleading, the pleader must:
be deemed to be suing in his personal (a) set forth in the pleading the substance of the instrument
capacity. or document, and attach the original or the copy of the
o If it is a corporation that is suing, its having document to the pleading as an exhibit and which shall
been legally organized in accordance with law form part of the pleading; or
has to be alleged in order to leave no doubt (b) with like effect, to set forth in the pleading said copy of
as to its legal existence. the instrument or document

Section 5. Fraud, mistake, condition of the mind. — In all CONTESTING ACTIONABLE DOCUMENTS
averments of fraud or mistake the circumstances constituting Section 8. How to contest such documents. — When an
fraud or mistake must be stated with particularity. Malice, intent, action or defense is founded upon a written instrument, copied
knowledge, or other condition of the mind of a person may be in or attached to the corresponding pleading as provided in the
averred generally. preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
Ø complaint must state with particularity the fraudulent under oath specifically denies them, and sets forth what he
acts of the adverse party. These particulars which claims to be the facts, but the requirement of an oath does not
would necessarily include the specific acts of fraud apply when the adverse party does not appear to be a party to
committed against the plaintiff would help apprise the the instrument or when compliance with an order for an
judge of the kind of fraud involved in the complaint. inspection of the original instrument is refused.

Ø Malice, intent, knowledge or other conditions of How to contest

the mind of a person may be averred generally unlike (a) Specifically denying the genuineness and due execution
in fraud or mistake, they need not be stated with of the document under oath
particularity. - Requirement of an oath does not apply when
the adverse party does not appear to be a
Reason: human experience. It is difficult to state the party to the instrument or when compliance
particulars constituting these matters. Hence, a with an order for an inspection of the original
general averment is sufficient. document is refused
(b) Setting forth what he claims to be the facts
Section 6. Judgment. — In pleading a judgment or decision of
a domestic or foreign court, judicial or quasi-judicial tribunal, or Ø Mere specific denial insufficient, absence of oath will
of a board or officer, it is sufficient to aver the judgment or result in the implied admission of the due execution and
decision without setting forth matter showing jurisdiction to genuineness of the document
render it.
Ø Ex: if promissory note is pleaded and it was not denied
An authenticated copy of the judgment or decision shall be under oath, defendant cannot raise the defense of
attached to the pleading. forgery during trial

Reason: Evidentiary presumption that “a court, or judge acting When oath not required:
as such, whether in the Philippines or elsewhere, was acting in (a) When the adverse party does not appear to be a party
the lawful exercise of jurisdiction” (Sec. 3[n], Rule 131) to the instrument, or (as when he is a substitute)

Ø presumption is only disputable (b) When compliance with an order for an inspection of the
original instrument is refused
Section 7. Action or defense based on document. —
Whenever an action or defense is based upon a written Admission:
instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or Genuineness
a copy thereof shall be attached to the pleading as an exhibit, - the party whose signature it bears admits that he
which shall be deemed to be a part of the pleading. signed it or that it was signed by another for him with
his authority
Ø If the document is not an actionable document, it need - that, at the time it was signed, it was in words and
not be pleaded in the manner prescribed herein figures exactly as set out in the pleadings of the party
relying upon it
Ø May be original or copy - that the document is not spurious, counterfeit, or of
different imports
ACTIONABLE DOCUMENT RULE - IT IS WHAT IT PURPORTS TO BE
Instrument or document which an action or defense is founded
Due execution
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- document was signed voluntarily and knowingly by the Section 11. Allegations not specifically denied deemed
party whose signature appears thereon admitted. — Material averments in a pleading asserting a claim
- if signed by somebody else such representative had or claims, other than those as to the amount of unliquidated
authority to do so damages, shall be deemed admitted when not specifically
- documents are duly delivered and denied.
- any formal requisites required by law which it lacks, are
waived by him Section 12. Affirmative defenses. —
(a) A defendant shall raise his affirmative defenses in his
Defenses cut off by admission: answer, which shall be limited to the reasons set forth under
1. forgery Section 5(b), Rule 6, and the following grounds:
2. lack of authority to execute the document
3. the party charged signed the document in some other 1. That the court has no jurisdiction over the person of the
capacity than that alleged in the pleading defending party;
4. the document was never delivered
5. the document was not in words and figures as set out 2. That venue is improperly laid;
in the pleadings
3. That the plaintiff has no legal capacity to sue;
Defenses not cut off by admission: (not related to
genuineness and due execution) 2. That the pleading asserting the claim states no cause of
1. payment or non-payment action; and
2. want of consideration 3. That a condition precedent for filing the claim has not
3. illegality of consideration been complied with.
4. usury
5. fraud (b) Failure to raise the affirmative defenses at the earliest
6. prescription opportunity shall constitute a waiver thereof.
7. release
8. waiver (c) The court shall motu proprio resolve the above affirmative
9. statute of frauds defenses within 30 calendar days from the filing of the answer.
10. estoppel
11. former recovery (d) As to the other affirmative defenses under the first paragraph
12. discharge in bankruptcy of Section 5(b), Rule 6, the court may conduct a summary
hearing within 15 calendar days from the filing of the answer.
EFFECT IF DEEMED ADMITTED: JUDGMENT ON THE Such affirmative defenses shall be resolved by the court within
PLEADINGS (done where an answer fails to tender an issue, or thirty (30) calendar days from the termination of the summary
otherwise admits the material allegations of the adverse party’s hearing.
pleadings), NO ISSUE à NO TRIAL. JUDICIAL ADMISSIONS
DO NOT REQUIRE PROOF. (e) Affirmative defenses, if denied, shall not be the subject of a
motion for reconsideration or petition for certiorari, prohibition or
Section 9. Official document or act. — In pleading an official mandamus, but may be among the matters to be raised on
document or official act, it is sufficient to aver that the document appeal after a judgment on the merits.
was issued or the act done in compliance with law.
(Sec. 10-12 refer to discussion under defenses in Rule 6) J
Ø Under the Rules on Evidence, “the written official acts,
or records of official acts, of the sovereign authority, Section 13. Striking out of pleading or matter contained
official bodies and tribunals, and public officers, therein. — Upon motion made by a party before responding to
whether of the Philippines or of a foreign country” are, a pleading or, if no responsive pleading is permitted by these
for the purpose of their presentation in evidence, Rules, upon motion made by a party within 20 calendar days
considered public documents (Sec. 19[a], Rule 132). after the service of the pleading upon him or her, or upon the
Ø Public documents are admissible in evidence without court's own initiative at any time, the court may order any
further proof of due execution and genuineness pleading to be stricken out or that any sham or false, redundant,
because of the PRESUMPTION OF REGULARITY immaterial, impertinent, or scandalous matter be stricken out
therefrom.
Section 10. Specific denial. — A defendant must specify each
material allegation of fact the truth of which he does not admit
and, whenever practicable, shall set forth the substance of the
matters upon which he relies to support his denial. Where a
defendant desires to deny only a part of an averment, he shall
specify so much of it as is true and material and shall deny only
the remainder.

Where a defendant is without knowledge or information

sufficient to form a belief as to the truth of a material averment
made to the complaint, he shall so state, and this shall have the
effect of a denial.
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RULE 9
EFFECT OF FAILURE TO PLEAD GR: A compulsory counterclaim or crossclaim not set up shall
be barred
SECTION 1. Defenses and Objections Not Pleaded. —
Defenses and objections not pleaded either in a motion to XPN:
dismiss or in the answer are deemed waived. However, when • Rule 11 Sec. 9. Counterclaim or cross-claim arising
it appears from the pleadings or the evidence on record that the after answer: If it is a claim which either matured or
court has no jurisdiction over the subject matter, that there is was acquired by a party after serving his answer →
another action pending between the same parties for the same may be pleaded by filing a supplemental answer or
cause, or that the action is barred by a prior judgment or by pleading before judgement, with permission of the
statute of limitations, the court shall dismiss the claim. court

GR: Defenses and objections not pleaded à DEEMED • Rule 11 Sec. 10. Omitted counterclaim or crossclaim:
WAIVED When a pleader fails to set-up a counterclaim through
oversight, inadvertence, excusable negligence, or
OMNIBUS MOTION RULE when justice requires → set-up counterclaim by
a motion that attacks a pleading, judgment, order or amendment of the pleadings before judgement,
proceeding shall include all objections then available, with leave of court
and all objections not so included shall be deemed
waived (Rule 15, Sec. 9) • If the court cannot acquire jurisdiction over the third
parties whose presence is necessary for the
XPN, NON-WAIVABLE DEFENSES: Rule 9, Sec. 1: adjudication of said claim
1. lack of jurisdiction over the subject matter
2. litis pendentia • Permissive counterclaim
3. res judicata
4. prescription SECTION 3. Default; Declaration of. — If the defending party
fails to answer within the time allowed therefor, the court shall,
Ø Presence of any of these authorizes the court to motu upon motion of the claiming party with notice to the defending
proprio dismiss the claim party, and proof of such failure, declare the defending party in
default.
Ø Rule 18, Sec. 2 provides that the court during pretrial
may consider the propriety of dismissing the action Thereupon, the court shall proceed to render judgment granting
should a valid ground exist, this only applies to issues the claimant such relief as his or her pleading may warrant,
that would govern the trial proper NOT THOSE unless the court in its discretion requires the claimant to submit
WAIVED UNDER RULE 9 evidence. Such reception of evidence may be delegated to the
clerk of court.
OBJECTION AGAINST LACK OF JURISDICTION OVER THE
SUBJECT MATTER (a) Effect of order of default. — A party in default shall be
entitled to notices of subsequent proceedings but shall not take
GR: Lack of jurisdiction over the subject matter may be raised at part in the trial.
any stage of the proceedings, even for the first time on appeal
(b) Relief from order of default. — A party declared in default
XPN: Estoppel by laches may at any time after notice thereof and before judgment, file
- aka doctrine of stale demands a motion under oath to set aside the order of default upon proper
- Negligence or omission to assert a right within a showing that his or her failure to answer was due to fraud,
reasonable time, warranting a presumption that the accident, mistake or excusable negligence and that he or she
party entitled to assert it either has abandoned it or has a meritorious defense. In such case, the order of default
declined to assert it may be set aside on such terms and conditions as the judge may
- Based on public policy and unlike the statute of impose in the interest of justice.
limitations, is not a mere question of time but is
principally a question of the inequity or unfairness of (c) Effect of partial default. — When a pleading asserting a
permitting a right or claim to be enforced or asserted claim states a common cause of action against several
defending parties, some of whom answer and the others fail to
SECTION 2. Compulsory Counterclaim, or Crossclaim, Not do so, the court shall try the case against all upon the answers
Set Up Barred. — A compulsory counterclaim, or a crossclaim, thus filed and render judgment upon the evidence
not set up shall be barred. presented.
- Thus, cannot be raised for the first time on appeal (d) Extent of relief to be Awarded. — A judgment rendered
against a party in default shall neither exceed the amount or
REASON: to achieve resolution of the whole controversy at one be different in kind from that prayed for nor award
time and in one action and to avoid multiplicity of suits. unliquidated damages.

Rule 11 Sec. 8 – A compulsory counterclaim or cross-claim that (e) Where no defaults allowed. — If the defending party in an
a defending party has at the time he or she files his or her action for annulment or declaration of nullity of marriage or for
answer shall be contained therein.
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legal separation fails to answer, the court shall order the Solicitor exercise of its discretion, may require the
General or his or her deputized public prosecutor, to investigate claimant to submit evidence
whether or not a collusion between the parties exists, and if there
is no collusion, to intervene for the State in order to see to it that Ø the defendant who files his answer in time, but failed to
the evidence submitted is not fabricated. serve a copy thereof upon the adverse party, may
validly be declared in default which may also be set
DEFAULT aside by a timely and proper motion
a procedural concept that occurs when the defending party fails
to file his answer within the reglementary period. A declaration EFFECT OF ORDER OF DEFAULT
or order of default is issued as a punishment for unnecessary 1. The party declared in default loses his standing in
delay in joining issues. court which prevents him from taking part in the
trial. He forfeits his rights as a party litigant, has no
GROUND: failure to answer within the time allowed therefor right to present evidence supporting his allegations,
to control the proceedings or cross examine
Ø failure to attend pre-trial or trial – while it is a cause for witnesses.
the court to order the plaintiff to present his evidence
ex parte, it is not a ground for default à waiver of the 2. The defendant is nevertheless entitled to notices of
defendant’s right to object to the evidence presented subsequent proceedings
and to cross examine the witnesses presented
Expropriation: defendant who fails to answer
XPN: a JUDGEMENT BY DEFAULT may be rendered may still present his evidence as to the
in the following cases despite an answer having been amount of compensation to be paid for his
filed: property

(a) If a disobedient party refuses to obey an order 3. A declaration of default is not tantamount to an
requiring him to comply with the various modes of admission of the truth or the validity of the plaintiff's
discovery; or claims. A judgment of default does not imply a
waiver of all rights except that of being heard and
(b) If a party or officer or managing agent of a party presenting evidence.
willfully fails to appear before the officer who is to
take his deposition, or a party fails to serve - Party in default may be cited as a WITNESS
answers to interrogatories by his co-defendants who have standing

OPTIONAL RESPONSIVE PLEADINGS (will not result in 4. It does not automatically mean that the trial court
default even if not filed) will render a judgment in favor of the plaintiff. The
1. Reply trial court must still determine whether the plaintiff
2. Answer to amended complaint made with leave of court is entitled to the reliefs prayed for.
3. Answer to supplemental complaint
4. Answer to compulsory counterclaim so intimately NOTE: If the defendant was declared in default upon an
related to the complaint such that to answer the same original complaint, the filing of the amended complaint
would merely require repetition of the allegations results in the withdrawal of the original complaint.
contained in the complaint Hence, defendant still entitled to file ANSWER TO THE
AMENDED COMPLAINT as to which he was not in
REQUISITES: default.
(a) The court has validly acquired jurisdiction over the
person of the defending party, either by service of EFFECT OF PARTIAL DEFAULT
summons or voluntary appearance When a pleading asserts a claim against several defending
(b) The claiming party must file a motion to declare the parties and some file and serve their answers (ANSWER
defending party in default INTERPOSES A COMMON DEFENSE), but the others do not,
(c) The claiming party must prove that the defending party the court shall try the case against all the defending parties
has failed to answer within the period provided based on the answers filed and render judgment upon the
(d) The defending party must be notified of the motion evidence presented where the claim states a common cause of
to declare him in default action against them
(e) There must be a hearing of the motion to declare the
defending party in default - Because there is a common cause of action, where one
fails to answer, the non-answering defendant may be
Ø default cannot be declared motu proprio declared in default but the court shall refrain from
rendering a judgment by default against such party
XPN, environmental cases: because the case shall be tried based on the answers
o court shall motu propio declare the defendant of the other defending parties
in default
o motion of the plaintiff is required before the XPN: if the defense is personal to the one who
court orders the reception of evidence ex answered (ex: defense of forgery)
parte unlike in ordinary civil actions, said
motion is not required, the court in the ACTION OF COURT AFTER ORDER OF DEFAULT
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The court may either: • after judgment and before judgment becomes final and
(a) proceed to render judgment granting the claimant executory — motion for new trial; appeal from the
such relief as his pleading may warrant; or judgment as being contrary to the evidence or the law

(b) require the claimant to submit evidence ex parte • after the judgment becomes final and executory —
petition for relief from judgment
Ø choice is a matter of judicial discretion
Ø If declaration of default is improper OR proper but with
Ø Under the previous rule, the court had no power to grave abuse of discretion → certiorari
render judgment immediately after the declaration or
order of default. o ex. premature declaration of default before
expiration of the time for the filing of answer
Ø The court need not personally receive the evidence if it or declaration when such answer has indeed
decides to hear the evidence of the claiming party. The been filed
reception may be delegated to the clerk of court.
IMPLIED LIFTING OF THE ORDER OF DEFAULT
Admission of answer filed out of time If the court grants the respondent an opportunity to file a
- Rules provides for discretion on the part of the trial responsive pleading, it impliedly lifts the default order,
court not only to extend the time for filing an answer reinstating the position of the defendant founded on the court’s
but also to allow an answer to be filed after the discretionary power to set aside orders of default.
reglementary period
- trial court may admit answer filed out of time if at the Ex: Marcos was declared in default, representatives did
time of its filing, they were not yet declared in default not file a motion to lift the order but Marcos Jr., as
nor a motion to declare them in default be filed and no executor of estate, filed a motion for leave to file a
prejudice is caused to the plaintiff responsive pleading and 3 motions for extension to file
- default judgments are generally disfavored; the policy an answer, motion for bill of particulars, all of which
is to have every litigant’s case tried on the merits as were granted.
much as possible. A case is best decided when all
contending parties can ventilate their respective Extent of relief in a judgment by default
claims, present their arguments, and adduce evidence - shall not exceed the amount prayed for
in support thereof. It should be allowed only in clear - shall not be different in kind from that prayed for
cases of obstinate refusal by the defendant to comply - no award for unliquidated damages
with the orders of the trial court
Cases where a declaration/order of default cannot be made:
MOTION FOR EXTENTION TO FILE ANSWER (Rule 11 Sec a. annulment of marriage
11): A defendant, may, for meritorious reasons, be granted an b. declaration of nullity of marriage
additional period of not more than 30 calendar days to file an c. legal separation
answer. A defendant is only allowed to file one motion for
extension of time to file an answer. Ø If no answer is filed, the court shall order the
prosecuting attorney to investigate whether or not
A motion for extension to file any pleading, other than an answer, collusion exists between the parties. If there is no
is prohibited and considered a mere scrap of paper. The court, collusion, the court shall order said prosecuting
however, may allow any other pleading to be field after the time attorney to intervene to see to it that the evidence
fixed by these Rules. submitted is not fabricated

REMEDIES OF PARTY DECLARED IN DEFAULT CASES WHERE MOTION TO DECLARE IN DEFAULT

PROHIBITED:
• after notice of order and before judgment — motion
under oath to set aside the order of default and • Small claims – failure to file response and appear in
properly show that: hearing à court shall render judgment; failure to file
o the failure to answer was due to fraud, response but attends hearing à court shall ascertain
accident, mistake, or excusable negligence, what defense he has to offer and adjudicate as if a
and response was filed
o he has a meritorious defense contained in an
affidavit of merit • Summary procedure – failure to file answer à court
shall motu propio or on motion of plaintiff render
- Atty: file omnibus motion à to lift order of judgment
default and to admit attached answer (with
attached affidavit of merit + judicial affidavits) • Writ of Amparo / Habeas Data – if upon service of the
writ, respondent fails to file the required written return
- Litigious motion – would affect rights of à justice/judge shall proceed to hear the petition ex
adverse party; plaintiff’s right will be affected parte
since the presentation of evidence ex parte is
affected
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3 joint debtors, only one filed an answer, will the two parties
who did not file an answer be declared in default upon
motion of the plaintiff? Can they not benefit from the answer
of the one who answered? Can it not be argued that there
is a common cause of action against them and therefore
they cannot be declared in default? No, it is not a common
cause of action. Each one is liable for a specific amount, so it is
not a common cause for all of them. They are NECESSARY
PARTIES. If they are solidary debtors, then there will not be a
default and they will benefit from the answering defendant
because they have the same cause of action. In such instance,
the Court will not declare them as default. The court will receive
the evidence.

INTERPLEADER: Whenever conflicting claims upon the same

subject matter are or may be made against a person who claims
no interest whatever in the subject matter, or an interest which
in whole or in part is not disputed by the claimants, he may bring
an action against the conflicting claimants to compel them to
interplead and litigate their several claims among themselves.

Ex
Ø when there are conflicting claimants against the
warehouseman, the warehouseman can file an action
for interpleader – the warehouseman does not have
anything to do with the object of the warehouse receipt.
He just doesn’t know where to deliver because there
are two conflicting claimants.

Ø lessee who does not know where payment should be

made – action for interpleader for the conflicting
claimants to interplead.

RELEVANCE IN DEFAULT: If one of the conflicting claimant

does not answer, the other one will not benefit even if it is the
same subject matter that they are claiming. Rules on partial
default cannot be applied
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RULE 10 MANDAMUS: The court would be in error if it refuses to admit

AMENDED AND SUPPLEMENTAL PLEADINGS an amended pleading when its exercise is a matter of right, it is
correctible by mandamus; duty to admit an amended pleading
SECTION 1. Amendments in General. — Pleadings may be made as a matter of right is purely ministerial
amended by:
- adding or striking out an allegation or the name of any MOTION TO DISMISS
party, or • if filed – amendment to the complaint would still be a
- by correcting a mistake in the name of a party or a matter of right during the pendency of the motion, it is
mistaken or inadequate allegation or description in any not a responsive pleading
other respect,
so that the actual merits of the controversy may speedily be • if granted – plaintiff may still amend his complaint as a
determined, without regard to technicalities, in the most matter of right before the order of dismissal becomes
expeditious and inexpensive manner. final as long as no answer has yet been served
MANNER: NEW SERVICE OF SUMMONS, WHEN REQUIRED
(1) by adding or striking out an allegation - Though the original complaint is deemed superseded
(2) by adding or striking out the name of any party by the pleading that amends it, it does not follow that
(3) by correcting a mistake in the name of a party service of new summons is required (as in if the
(4) by correcting a mistaken or inadequate allegation defendants already appeared before the trial court;
(5) by correcting a mistaken or inadequate description in any jurisdiction once acquired continues until termination of
other respect case)
Ø Amendments are allowed so that the actual merits of - It is not the change of cause of action, that gives rise to
the controversy may speedily be determined without the need to serve another summons for the amended
regard to technicalities, and in the most expeditious complaint, but rather the ACQUISITION OF
and inexpensive manner JURISDICTION OVER THE PERSONS OF THE
DEFENDANTS. If the trial court has not yet acquired
Ø and that all other matters included in the case may be jurisdiction over them, a new service of summons for
determined in a single proceeding, thereby avoiding the amended complaint is required.
multiplicity of suits.
SECTION 3. Amendments by Leave of Court. — Except as
SECTION 2. Amendments as a Matter of Right. — A party provided in the next preceding Section, SUBSTANTIAL
may amend his pleading ONCE as a matter of right at any time AMENDMENTS may be made only upon leave of court.
BEFORE A RESPONSIVE PLEADING IS SERVED or, in the
case of a reply, at any time within 10 calendar days after it is But such leave shall be refused if it appears to the court that the
served. motion was made with intent to delay or confer jurisdiction
on the court, or the pleading stated no cause of action from
- Ex: plaintiff may amend complaint before an answer is the beginning which could be amended.
served; defendant may amend answer before a reply
is served Orders of the court upon the matters provided in this Section
shall be made upon motion filed in court, and after notice to the
Ø refers to an amendment made before the trial court, not adverse party, and an opportunity to be heard.
to amendments before the CA which is vested with
discretion to admit or deny amended petitions filed Leave of Court is Required if:
before it
• If the amendment is substantial AND
Ø can be availed of only ONCE – even if no responsive • A responsive pleading has already been served
pleading has been served yet, if the amendment is
subsequent to a previous amendment, it must be made NOTE: Even if the amendment is substantial, no leave of court
with leave of court is required if made as a matter of right.

Ø right is absolute whether a new cause of action or Leave of Court NOT ALLOWED If:
change in theory is introduced • Amendment for purposes of delay
• Amendment is intended to confer jurisdiction to the
INSTANCES WHEN AMENDMENT IS A MATTER OF RIGHT court
1. Amendment of complaint before an answer is filed • Amendment to cure a premature or non-existing cause
2. Amendment of answer before a reply is filed or before of action
the period of filing a reply expires - A complaint whose cause of action has not yet
3. Amendment of reply any time within 10 days after it is accrued cannot be cured or remedied by an
served amended or supplemental pleading alleging
the existence or accrual of a cause of action
Formal amendment: NOT A MATTER OF RIGHT, the court while the case is pending
may deny the motion if it will prejudice the adverse party but it
REQUIRES NO LEAVE OF COURT SECTION 4. Formal Amendments. — A defect in the
designation of the parties and other clearly clerical or
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typographical errors may be summarily corrected by the court b. when evidence is offered on an issue not raised in the
at any stage of the action, at its initiative or on motion, pleadings, but an objection was interjected – the
provided no prejudice is caused thereby to the adverse party. court may admit the evidence where the objecting party
fails to show that the admission of the evidence would
Ø No leave of court required even if made after a prejudice him in his defense. The court must, however,
responsive pleading has been served give him a continuance to enable him to meet the new
situation
Ø Court may deny if it will prejudice the adverse party
CAUSE OF ACTION
SUBSTANTIAL: changing the recital of facts constituting the • INSUFFICIENT – may be cured by evidence presented
cause of action or defense, or setting forth a different cause of during the trial without objection (defective for failure to
action or defense allege essential facts)

Ex. amendment to implead indispensable parties Ex:

o complaint filed by a guarantor to collect a sum of
SECTION 5. No Amendment Necessary to Conform to or money from the debtor does not allege that the
Authorize Presentation of Evidence. — When issues not creditor was paid by the guarantor à if, during the
raised by the pleadings are tried with the express or implied course of the proceedings, evidence is offered on
consent of the parties, they shall be treated in all respects as if the fact of payment without objection, the defect
they had been raised in the pleadings. will be cured by the evidence. The plaintiff may
then move for the amendment of his complaint
No amendment of such pleadings deemed amended is to conform to the evidence
necessary to cause them to conform to the evidence.
o complaint failed to aver that certain conditions
GR: The trial court can deal only with matters raised by the precedent were undertaken and complied with à
parties in their pleadings. Neither can a court render judgment failure to so allege may be corrected by evidence
on a matter not in issue because a judgment must conform to of compliance with said conditions without
the pleadings and the theory of the action under which the case objection from the other party.
was tried.
• NO CAUSE OF ACTION AT TIME OF FILING BUT
XPN: When evidence not within the issues raised in the ACCRUED DURING PENDENCY – may NOT be
pleadings, is offered during the trial and not objected to: cured; premature, a groundless suit
- issues not found in the pleadings are deemed to have
been tried with the consent of the parties JURISDICTIONAL DEFECT
- issues are treated as raised in the pleadings even if not
actually raised
• Matter of right — pleader can amend his complaint
before a responsive pleading is served even if its effect
Ex: issue presented is ownership over a certain
is to correct a jurisdictional defect; the court does not
property, any evidence to show right of possession
act, it is a ministerial duty
may be objected to as irrelevant, but without objection,
the issue of possession shall now be treated as if the
same was raised in the pleadings. • After responsive pleading is served --- not allowed;
the amendment, this time, would require leave of court,
Ø Sec. 5 of Rule 10 authorizes amendment of the which requires the exercise of sound judicial discretion.
pleadings to conform to the evidence upon motion of a This requires the performance of a positive act by the
party at any time, even after judgment court. If it grants the amendment, it would be acting on
a complaint over which it has no jurisdiction. Hence, its
- If the parties fail to so amend, such failure will not affect action would be one performed without jurisdiction.
the trial of these issues because such issues are
deemed to have been raised in the pleadings of the SECTION 6. Supplemental Pleadings. — Upon motion of a
parties party, the court may, upon reasonable notice and upon such
terms as are just, permit him or her to serve a supplemental
- If evidence is objected to on the ground that it is pleading setting forth transactions, occurrences or events
not within the issues made by the pleadings, the which have happened since the date of the pleading sought
court may allow the pleadings to be amended and shall to be supplemented.
do so with liberality if the presentation of the merits of
the action and the ends of substantial justice will be The adverse party may plead thereto within 10 calendar
subserved thereby days from notice of the order admitting the supplemental
pleading.
Sec. 5 of Rule 10 envisions two situations:
a. when evidence is introduced on an issue not alleged in Ø A supplemental pleading may raise a NEW CAUSE OF
the pleadings and no objection was interposed by the ACTION as long as it has some RELATION to the
other party original cause of action set forth in the original
complaint
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Ø When a cause of action in a supplemental complaint is Ø The original complaint is deemed abandoned and
DIFFERENT from the cause of action mentioned in the superseded by the amended complaint ONLY IF the
original complaint, the court SHOULD NOT ADMIT the amended complaint introduces a NEW OR
supplemental complaint DIFFERENT CAUSE OF ACTION

REASON: a supplemental pleading only serves to Ø Pleadings superseded or amended disappear from the
bolster or add something to the primary pleading. A record, lose their status as pleadings and cease to be
supplemental pleading exists side by side with the judicial admissions
original. It does not replace that which it supplements,
and it assumes that the original pleading is to stand and Ø Pleadings superseded or amended may be utilized
that the issues joined with the original pleading remain AGAINST THE PLEADER as extrajudicial admission if
as issues to be tried in the action. It is but a continuation formally offered in evidence
of the complaint.
EFFECT OF AMENDMENT OF PLEADING ON RULES ON
Function: to set up new facts which justify, enlarge, or PRESCRIPTION
change the kind of relief with respect to the same • amendment which merely supplements and
subject matter as the controversy referred to in the amplifies the facts originally alleged in the complaint
original complaint → relates back to the date of the commencement of
action (filing of the orig. complaint) and is not barred by
ANSWER the statute of limitations, the period of which expires
RULE 11, Sec. 7. A supplemental complaint may be answered after service of the original complaint but before service
within 20 days from notice of the order admitting the same of amendment
unless a different period is fixed by the court. The answer to the
complaint shall serve as the answer to the supplemental • original complaint states a cause of action but does it
complaint if no new or supplemental answer is filed. imperfectly, and afterwards an amended complaint is
filed, correcting the defect → the plea of statute of
- Answer not mandatory; no declaration of default limitations will relate to the time of the filing of the
original complaint
Ø Admission or non-admission of a supplemental
pleading is not a matter of right but is discretionary on However, such rule would not apply to the party who
the court was impleaded for the first time in the amended
complaint which was filed after the period of
FACTORS TO CONDSIDER: prescription had already lapsed, hence the amended
o Resulting prejudice to the parties; and complaint must be dismissed as to such party who was
o Whether the movant would be prejudiced if thus belatedly included in the action.
the supplemental pleading were to be denied
CRIMPRO REVIEW HIHI (just in case)
AMENDED PLEADING SUPPLEMENTAL
PLEADING (1) Before the Plea
As to allegations
Refers to facts existing at the Refers to facts arising after GR: may be amended in form or in substance, without the need
time of the commencement the filing of the original for leave of court.
of the action pleading
As to result
XPN:
Results in the withdrawal of Acts merely in addition to, but
a. Amendment which downgrades the nature of the
the original pleading does not result in the
offense charged
withdrawal of the original
pleading b. Amendment excludes any accused from the complaint
As to necessity of leave of court or information
Can be made as a matter of Always with leave of court
right (when no responsive REQUISITES:
pleading has yer been filed) i. With leave of court
ii. Upon motion by the Prosecutor
SECTION 7. Filing of Amended Pleadings. — When any iii. With notice to the Offended party.
pleading is amended, a new copy of the entire pleading,
incorporating the amendments, which shall be indicated by 2. After the Plea - formal amendment only, provided that:
appropriate marks, shall be filed. (a) leave of court is obtained
(b) without causing prejudice to the rights of the
SECTION 8. Effect of Amended Pleadings. — An amended accused.
pleading supersedes the pleading that it amends. However,
admissions in superseded pleadings may be offered in evidence
against the pleader, and claims or defenses alleged therein not AMENDMENT SUBSTITUTION
incorporated in the amended pleading shall be deemed waived.
APPLICA- involves the same involves different
BILITY attempted, frustrated, offenses
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necessarily includes or
necessarily included
offense
SCOPE either formal or substantial
substantial changes
LEAVE OF before plea -- without ALWAYS with leave of
COURT leave of court court, original info has
to be dismissed
after -- leave of court.
PI no need for another PI another PI + plead
anew to the new
information
DOUBLE Since same offense, new information
JEOPARDY necessarily includes or is involves a different
necessarily included – offense = NO DJ
NO substantial
amendment after plea =
DJ
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RULE 11 answer shall be filed within 60 calendar days after receipt of

WHEN TO FILE RESPONSIVE PLEADINGS summons by such entity.

SUMMARY OF REGLEMENTARY PERIODS: SECTION 3. Answer to Amended Complaint. — When the

plaintiff files an amended complaint as a matter of right, the
PLEADING PERIOD defendant shall answer the same within 30 calendar days after
30 calendar days from service of being served with a copy thereof.
Answer to
complaint / summons (unless a different period is fixed
by court) Where its filing is not a matter of right, the defendant shall
third party answer the amended complaint within 15 calendar days from
complaint notice of the order admitting the same. An answer earlier filed
If it has a resident agent - within 30 may serve as the answer to the amended complaint if no
calendar days after the service of new answer is filed.
summons to such agent
This Rule shall apply to the answer to an amended
If it has no resident agent but it has an counterclaim, amended crossclaim, amended third (fourth,
agent or officer in the PH – within 30 etc.)-party complaint, and amended complaint-in-
calendar days after service of summons to intervention.
Answer of a
said agent or officer
defendant SECTION 4. Answer to Counterclaim or Crossclaim. — A
foreign private counterclaim or crossclaim must be answered within 20
Corporation ceased to transact
juridical entity calendar days from service.
business in the PH or shall be without
any resident agent in the PH – service
may be made upon the SEC → SEC will Ø Answer to a compulsory counterclaim is NOT
mail it to the corporation at its mandatory and failure to file an answer will not result
home/principal office within 10 days → into declaration of default
answer must be filed within 60 calendar
days after receipt of summons by the entity Ø RATIO: the issues raised in the counterclaim are
Matter of right – 30 calendar days from deemed automatically joined by the allegations of the
Answer to being served a copy of the amended complaint and to answer the same would merely
amended complaint require a repetition of the allegations contained in the
pleading Not a matter of right – 15 calendar days complaint
from notice of the order admitting the same
Answer to SECTION 5. Answer to Third (Fourth, etc.)-Party Complaint.
counterclaim / 20 calendar days from service — The time to answer a third (fourth, etc.)-party complaint shall
crossclaim be governed by the same rule as the answer to the
15 calendar days from service of the complaint.
Reply
pleading responded to
Answer to 20 calendar days from notice of the order SECTION 6. Reply. — A reply, if allowed under Section 10, Rule
supplemental admitting the same, unless a different 6 hereof, may be filed within 15 calendar days from service of
complaint period is fixed by the court the pleading responded to.
Extension of
SECTION 7. Answer to Supplemental Complaint. — A
time to file Not more than 30 calendar days
supplemental complaint may be answered within 20 calendar
answer
days from notice of the order admitting the same, unless a
Answer to
different period is fixed by the court. The answer to the
complaint in
Within 10 days from service of summons complaint shall serve as the answer to the supplemental
summary
complaint if no new or supplemental answer is filed.
procedure
GR IN COUNTERCLAIM OR CROSSCLAIM:
SECTION 1. Answer to the Complaint. — The defendant shall
SECTION 8. Existing Counterclaim or Crossclaim.
file his or her answer to the complaint within 30 calendar days
— A compulsory counterclaim or a cross-claim that a
after service of summons, unless a different period is fixed by
defending party has at the time he or she files his or
the court.
her answer shall be contained therein.
XPN: the defendant need not file his answer to the complaint
Does not apply to permissive counterclaim → it may be
within the required period if there are matters in the complaint,
set up as an independent action and will not be barred
which are vague or ambiguous or not averred with sufficient
if not contained in the answer
definiteness. Instead, he may file a motion for bill of
particulars
RULE 9, SECTION 2. Compulsory Counterclaim, or
Crossclaim, Not Set Up Barred. — A compulsory
SECTION 2. Answer of a Defendant Foreign Private
counterclaim, or a crossclaim, not set up shall be
Juridical Entity. — Where the defendant is a foreign private
barred.
juridical entity and service of summons is made on the
government official designated by law to receive the same, the
XPN:
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SECTION 9. Counterclaim or Cross-Claim Arising

after Answer. — A counterclaim or a cross-claim
which either matured or was acquired by a party after
serving his or her pleading may, with the permission
of the court, be presented as a counterclaim or a
cross-claim by supplemental pleading before
judgment. (after-acquired counterclaim/cross-claim)

SECTION 10. Omitted Counterclaim or Cross-

Claim. — When a pleader fails to set up a counterclaim
or a crossclaim through oversight, inadvertence, or
excusable neglect, or when justice requires, he or
she may, by leave of court, set up the counterclaim or
cross-claim by amendment before judgment.

SECTION 11. Extension of Time to File an Answer. — A

defendant may, for meritorious reasons, be granted an
additional period of not more than 30 calendar days to file an
answer.

A defendant is only allowed to file 1 motion for extension of time

to file an answer. A motion for extension to file any pleading,
other than an answer, is prohibited and considered a mere
scrap of paper.

The court, however, may allow any other pleading to be filed

after the time fixed by these Rules.

Ø Motion for extension of time must be filed before the

lapse of the period otherwise there is nothing more to
extend

Ø motion for extension of time is not a litigated motion

(non-litigious) where notice to the adverse party is
necessary to afford the latter an opportunity to resist
the application. It is an ex parte motion made to the
court.

Ø The trial court has the discretion not only to extend the
time for filing an answer but also allow an answer to be
filed after the reglementary period.

Ø An order allowing the filing of a late answer is

interlocutory and not appealable.
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RULE 12 facts with sufficient particularity does not justify the

BILL OF PARTICULARS filing of a motion to dismiss. The proper remedy is to
file a motion for bill of particulars.
Section 1. When applied for; purpose. — Before responding
to a pleading, a party may move for a definite statement or for WHEN TO FILE: before responding to a pleading; period for the
a bill of particulars of any matter, which is not averred with filing of the responsive pleading
sufficient definiteness or particularity, to enable him or her • if directed to a complaint, the motion should be filed
properly to prepare his or her responsive pleading. within 30 days after service of summons
• if directed to a counterclaim or cross-claim, 20 days
If the pleading is a reply, the motion must be filed within 10 from service of the same
calendar days from service thereof. Such motion shall point out
• reply to which no responsive pleading is provided for,
the defects complained of, the paragraphs wherein they are
the motion for bill of particulars must be filed within 10
contained, and the details desired.
days from the service of said reply
BILL OF PARTICULARS
EFFECT OF FILING: suspends the running of the reglementary
A complementary procedural document consisting of an
period to answer (if sufficient in form and substance)
amplification or more particularized outline of a pleading and
being in the nature of a more specific allegation of the facts
Section 2. Action by the court. — Upon the filing of the motion,
recited in the pleading.
the clerk of court must immediately bring it to the attention of the
court, which may either deny or grant it outright, or allow the
Limited to making more particular or definite the ultimate facts in
parties the opportunity to be heard.
a pleading. It does not supply evidentiary matters.
ACTIONS:
NATURE: Although summons directs the defendant to file an
1. grant motion outright
answer to the complaint, he is procedurally under no obligation
2. deny motion outright
to outrightly file an answer if because of the ambiguity in certain
3. hold a hearing on the motion (discretionary)
material allegations in the complaint, he cannot possibly serve
an intelligent answer, he need not serve his answer unless and
Section 3. Compliance with order. — If the motion is granted,
until the alleged ambiguities are clarified by the plaintiff. These
either in whole or in part, the compliance therewith must be
ambiguities may be sought to be clarified through a bill of
effected within 10 calendar days from notice of the order,
particulars submitted by the plaintiff, upon order of the court and
unless a different period is fixed by the court.
upon motion of the other party.
The bill of particulars or a more definite statement ordered by
Ø not solely directed to the complaint, any other pleading
the court may be filed either in a separate or in an amended
may be the object of a motion for bill of particulars.
pleading, serving a copy thereof on the adverse party.
REQUISITES:
Section 4. Effect of non-compliance. — If the order is not
i. it shall specify the defects complained of
obeyed, or in case of insufficient compliance therewith, the court
ii. where they are contained; and
may order:
iii. the details desired
1. the striking out of the pleading or the portions
thereof to which the order was directed, or
Purpose:
2. make such other order as it deems just.
• to inform the opposite party and the court of the precise
nature and character of the cause of action Ø Non-compliance may be a ground for dismissal of
• to enable the movant to properly prepare his complaint, with or without prejudice
responsive pleading
- not to discover the evidence of the other party Section 5. Stay of period to file responsive pleading. — After
– modes of discovery under the Rules of Court service of the bill of particulars or of a more definite pleading, or
- not to prepare for trial – pre-trial (unlike in after notice of denial of his motion, the moving party may file his
criminal cases where a BOP is used to responsive pleading within the period to which he was
prepare for trial) entitled at the time of filing his motion, which shall not be less
• to require the averment of circumstances which must than 5 calendar days in any event.
be alleged with particularity under Rule 8 (ex: fraud,
mistake), if it does not result in the absence of one or Ø Whether or not the motion is granted, he may still file
more elements of the cause of action his responsive pleading.
- not for the production of matters which may be
generally averred under Rule 8 otherwise it Ø When he files a motion for bill of particulars, the period
would ask for statement of evidentiary facts to file the responsive pleading is STAYED OR
(malice, intent, jurisdiction of the court to INTERRUPTED.
render judgment, details of performance of
conditions precedent Ø After service of the bill of particulars or after notice
of the denial of his motion, the movant may file his
Ø As long as the allegations in a complaint make out a responsive pleading within the period to which he was
cause of action, the ambiguity or the failure to allege
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entitled at the time the motion for bill of particulars was

filed.
o If he has still 11 days to file his responsive
pleading at the time the motion was filed, then
he has the same number of days to file his
responsive pleading from the notice of denial

o If the movant has less than 5 days, the period

to file shall nevertheless be not less than 5
days in any event

Section 6. Bill apart of pleading. — A bill of particulars

becomes part of the pleading for which it is intended.

CRIMPRO ULIT JUST IN CASE

RULE 116, Section 9. Bill of particulars. — The accused may, before

arraignment, move for a bill of particulars to enable him properly to plead
and to prepare for trial. The motion shall specify the alleged defects of
the complaint or information and the details desired.

a more specific allegation

- A defendant in a criminal case who believes that he is not
sufficiently informed of the crime with which he is charged and
is not in a position to defend himself properly and adequately
could move for a bill of particulars or specifications

PURPOSE: to supply vague facts or allegations to allow the accused to

properly plead and prepare for his defense

WHEN: before arraignment, otherwise, waived

WHAT MUST BE SPECIFIED:

1. the alleged defects of the complaint
2. the details desired by the accused

Ø if not compliant, unmeritorious and must be dismissed

outright

IMPROPER USE OF THE BILL:

1. to supply material allegation necessary to the validity of a
pleading
2. change a cause of action or defense stated in the pleading or
state one other than the stated
3. set forth pleader’s theory of his cause of action of a rule of
evidence on which he intends to rely
4. furnish evidentiary information which consists of evidence
which constitutes a defense

Ø only formal amendments, where the facts charged are not

only vague but lacking, motion to quash is the proper
remedy

CIVIL: purpose is to file a responsive pleading (not to enter plea/prepare

for trial), any parties that will file a responsive pleading can file for the
motion (while here, only the accused)
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MODULE 4 Ø In case of the OSG, notice to deputized counsels

cannot be considered notice to OSG if it is still the OSG
RULE 13 which is the principal counsel of record.
FILING AND SERVICE OF PLEADINGS, JUDGEMENTS
AND OTHER PAPERS INSTANCES WHERE DIRECT SERVICE UPON THE PARTY
MAY BE ORDERED
SECTION 1. Coverage. — This Rule shall govern the filing of 1. Where the attorney of record cannot be located, either
all pleadings, motions, and other court submissions, as well as because he gave no address or changed his given
their service, except those for which a different mode of service address;
is prescribed. 2. An order to show cause why a party should not be
punished for contempt for disobeying a special
SECTION 2. Filing and Service, Defined. — judgement
3. Request for admission must be served directly upon
Filing is the act of submitting the pleading or other paper to the party requested
the court.
DOCTRINE OF ACTUAL NOTICE: Actual notice of the counsel
Service is the act of providing a party with a copy of the should be the reckoning period, for the purpose of filing an
pleading or any other court submission. (done by other party appeal
or the court)
SECTION 3. Manner of Filing. — The filing of pleadings and
If a party has appeared by counsel, service upon such party other court submissions shall be made by:
shall be made upon his or her counsel, unless service upon the a) Submitting personally the original thereof, plainly
party and the party's counsel is ordered by the court. indicated as such, to the court;
b) Sending them by registered mail;
Where one counsel appears for several parties, such counsel c) Sending them by accredited courier (by OCA); or
shall only be entitled to one copy of any paper served by the d) Transmitting them by electronic mail or other
opposite side. electronic means as may be authorized by the Court
in places where the court is electronically equipped.
Where several counsels appear for one party, such party
shall be entitled to only one copy of any pleading or paper to be DATE OF FILING
served upon the lead counsel if one is designated, or upon In the first case, the clerk of court shall endorse on the pleading
any one of them if there is no designation of a lead counsel. the date and hour of filing.

PARTY PRESENTED BY COUNSEL In the second and third cases, the date of the mailing of
If not appeared by counsel, service must be made upon him. motions, pleadings, and other court submissions, and payments
When a party is represented by a counsel in an action in court, or deposits, as shown by the post office stamp on the envelope
notices of all kinds, including motions and pleadings of all parties or the registry receipt, shall be considered as the date of their
and all orders of the court must be served on the counsel. filing, payment, or deposit in court. The envelope shall be
attached to the record of the case.
Ø Notice or service made upon a party who is
represented by counsel is a nullity. Notice to the client - If the date stamped on one is earlier than the other, the
and not to his counsel is not notice in law. former may be accepted. This presupposes, however,
that the envelope or registry receipt and the dates are
RATIO: The parties, generally, have no formal duly authenticated before the tribunal where they are
education or knowledge of the rules or procedure, presented
specifically the mechanics of appeal or availment of
legal remedies; they may also be unaware of the rights In the fourth case, the date of electronic transmission shall be
and duties of a litigant relative to the receipt of a considered as the date of filing.
decision
SUMMARY OF DATES:
XPN: service upon the party and the counsel is ordered by the • Personal – date and hour of filing
court OR when the technical defect in the manner of notice is • Registered mail / accredited courier – date of mailing in
waived the post office stamp on the envelope or registry receipt
• Electronic mail – date of electronic transmission
Ø Where one counsel appears for several parties, service
shall be made upon said counsel but he shall be
entitled only to one copy of any paper served upon him
SECTION 4. Papers Required to be Filed and Served. —
by the opposite side. Hence, if he represents 3 parties
Every judgment, resolution, order, pleading subsequent to the
in the same case, he cannot insist on being served with
complaint, written motion, notice, appearance, demand, offer of
3 copies.
judgment or similar papers shall be filed with the court, and
served upon the parties affected.
Ø Request for admission as party must be served on the
party himself, not his counsel
GR: Required to be served on the parties affected, although they
need not be set for hearing
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XPN: Ex parte motions for preliminary attachment, TRO, and place of residence of the party or his counsel is
replevin, or receivership – need not be served on the adverse unknown.
party if such would compromise the efficacy of these provisional
remedies How do you prove failure of service? Affidavit of the person
who attempted to serve by personal or registered mail
SECTION 5. Modes of Service. — Pleadings, motions, notices,
orders, judgments, and other court submissions shall be: Substituted Service of Substituted Service of
• served personally or Summons (R14 S6) pleadings, motions,
• by registered mail, notices, etc. (R13 S8)
• accredited courier, As to method
• electronic mail, a. By leaving copies of the by delivering the copy to the
• facsimile transmission, summons at the defendant’s clerk of court, with proof of
residence to a person at least failure of both personal
• other electronic means as may be authorized by the
18 y/o and of sufficient service and service by mail
Court,
discretion residing therein
• or as provided for in international conventions to which
the Philippines is a party. b. By leaving the copies at
defendant’s office or regular
PERSONAL SERVICE place of business with some
competent person in charge
SECTION 6. Personal Service. — Court submissions may be thereof.
served by personal delivery of a copy to the:
• party or c. By leaving copies of the
• to the party's counsel, or summons, if refused entry
• to their authorized representative named in the upon making known his/her
appropriate pleading or motion, or authority and purpose known
• by leaving it in his or her office with his or her clerk, or to either of:
with a person having charge thereof. • Officers of the
• If no person is found in his or her office, or his or her homeowner’s
office is not known, or he or she has no office, then by association
leaving the copy, between the hours of 8AM-6PM, at • Officers of the
the party's or counsel's residence, if known, with a condominium
person of sufficient age and discretion residing therein. corporation
• Chief security of the
COPY: only 1 original to file in court, receiving copy stamped will community or building
be that which would be served where the defendant
may be found
REGISTERED MAIL
d. By sending an electronic
SECTION 7. Service by Mail. — Service by registered mail mail to the defendant’s
shall be made by depositing the copy in the post office, in a electronic email, if allowed by
sealed envelope, plainly addressed to the party or to the party's the court
counsel at his or her office, if known, otherwise at his or her
residence, if known, with postage fully pre-paid, and with SERVICE BY ELECTRONIC MEANS
instructions to the postmaster to return the mail to the sender
after 10 calendar days if undelivered. SECTION 9. Service by Electronic Means and Facsimile. —
Service by electronic means and facsimile shall be made if the
If no registry service is available in the locality of either the party concerned consents to such modes of service.
sender or the addressee, service may be done by ordinary Service by electronic means shall be made by sending an e-
mail. mail to the party's or counsel's electronic mail address, or
through other electronic means of transmission as the parties
SUBSTITUTED SERVICE may agree on, or upon direction of the court.

SECTION 8. Substituted Service. — If service of pleadings, Service by facsimile shall be made by sending a facsimile copy
motions, notices, resolutions, orders and other papers cannot be to the party's or counsel's given facsimile number.
made under the 2 preceding sections, the OFFICE AND PLACE
OF RESIDENCE of the party or his or her counsel being SECTION 10. Presumptive Service. — There shall be
UNKNOWN, service may be made by delivering the copy to presumptive notice to a party of a court setting if:
the clerk of court, with proof of failure of both personal • such notice appears on the records to have been
service and service by mail. The service is complete at the mailed at least 20 calendar days prior to the scheduled
time of such delivery. date of hearing and if the addressee is from within the
same judicial region of the court where the case is
Ø This mode is availed of only when there is failure to pending, or
effect service personally or by mail because the office
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• at least 30 calendar days if the addressee is from - In Belgami v CA, the court instructed counsels to
outside the judicial region. device a system to ensure that the official
communications would be promptly received by them,
Purpose of presumption: minimize delays caused by lest they will be chargeable with negligence
cancellation and rescheduling of court settings, even if the other - Thus, the law office is mandated to adopt and arrange
party was absent, where there was no proof of service upon matters in order to ensure that the official or judicial
such other party communications sent by mail would reach the lawyer
assigned to the case
SECTION 11. Change of Electronic Mail Address or
• Chu v Mach Asia Trading Corp.: INVALID
Facsimile Number. — A party who changes his or her
- It was not shown that the security guard who received
electronic mail address or facsimile number while the action is
the summons in behalf of the petitioner was
pending must promptly file, within 5 calendar days from such
authorized and possessed a relation of confidence that
change, a notice of change of e-mail address or facsimile
petitioner would definitely receive the summons
number with the court and serve the notice on all other
- Not the kind of service contemplated by law thus
parties.
service to the security guard could not be considered
as substantial compliance with the requirements of
Service through the electronic mail address or facsimile number
substituted service
of a party shall be presumed valid unless such party notifies the
court of any change, as aforementioned.
SECTION 14. Conventional Service or Filing of Orders,
Pleadings and Other Documents. — Notwithstanding the
SECTION 12. Electronic Mail and Facsimile Subject and
foregoing, the following orders, pleadings, and other documents
Title of Pleadings and Other Documents. — The subject of
must be served or filed personally or by registered mail
the electronic mail and facsimile must follow the prescribed
when allowed, and shall not be served or filed electronically,
format:
unless express permission is granted by the Court:
• case number, (a) Initiatory pleadings and initial responsive pleadings,
• case title and the pleading, such as an answer;
• order or document title. (b) Subpoena, protection orders, and writs;
(c) Appendices and exhibits to motions, or other
The title of each electronically-filed or served pleading or other documents that are not readily amenable to electronic
document, and each submission served by facsimile shall scanning may, at the option of the party filing such, be
contain sufficient information to enable the court to ascertain filed and served conventionally; and
from the title: (d) Sealed and confidential documents or records.
(a) the party or parties filing or serving the paper,
(b) nature of the paper, SECTION 15. Completeness of Service. —
(c) the party or parties against whom relief, if any, is sought, and Personal service is complete upon actual delivery.
(d) the nature of the relief sought.
Service by ordinary mail is complete upon the expiration of 10
SECTION 13. Service of Judgments, Final Orders or calendar days after mailing, unless the court otherwise provides.
Resolutions. — Judgments, final orders, or resolutions shall be
served either personally or by registered mail. Service by registered mail is complete upon actual receipt by the
addressee, or after 5 calendar days from the date he or she
Upon ex parte motion of any party in the case, a copy of the received the first notice of the postmaster (notice to claim),
judgment, final order, or resolution may be delivered by whichever date is earlier.
accredited courier at the expense of such party.
Service by accredited courier is complete upon actual receipt by
When a party summoned by publication has failed to appear in the addressee, or after at least 2 attempts to deliver by the
the action, judgments, final orders or resolutions against him or courier service, or upon the expiration of 5 calendar days after
her shall be served upon him or her also by means of the first attempt to deliver, whichever is earlier.
publication at the expense of the prevailing party.
Electronic service is complete at the time of the electronic
Ø Judgement, final orders or resolutions CANNOT BE transmission of the document, or when available, at the time that
SERVED BY SUBSTITUTED SERVICE the electronic notification of service of the document is sent.
Electronic service is not effective or complete if the party
Ø In the absence of a proper and adequate notice to the serving the document learns that it did not reach the
court of a change of address, the service of the order addressee or person to be served.
or resolution of a court upon the parties must be made
at the last address of their counsel on record Service by facsimile transmission is complete upon receipt by
the other party, as indicated in the facsimile transmission
Effect of fatally detective service: judgment or final order does printout.
not become executory
Form of Complete upon:
Service of Judgement on a Security Guard Service
• Mendoza v CA: VALID
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Personal document transmitted or a written or stamped

Actual delivery
Service acknowledgment of its filing by the clerk of court. If
a. Actual receipt by addressee OR the paper copy sent by electronic mail was filed by
registered mail, paragraph (b) of this Section applies.
Registered
b. After 5 days from the date he/she
Mail (e) If the pleading or any other court submission was
received the 1st notice of the postmaster,
whichever is earlier filed through other authorized electronic means,
Expiration of 10 days after mailing, unless the same shall be proven by an affidavit of electronic
Ordinary Mail filing of the filing party accompanied by a copy of the
the court provides otherwise
a. Actual receipt by addressee OR electronic acknowledgment of its filing by the court.

b. After at least 2 attempts to deliver by the SECTION 17. Proof of Service. —

Accredited 1. Proof of personal service shall consist of a
courier services
Courier • written admission of the party served, OR
c. Expiration of 5 days after the first attempt • the official return of the server, OR
to deliver, whichever is earlier • the affidavit of the party serving, containing a statement
At the time of the electronic transmission of the date, place, and manner of service. (if there is a
OR when available, at the time the written acknowledgement of receipt by the party
electronic notification is sent served, an affidavit of service is no longer necessary
Electronic
since the written acknowledgement is in effect a written
NOTE: not complete if the party serving admission)
learns that it did not reach the addressee
Facsimile Receipt by the other party, as indicated in 2. If the service is made by:
transmission the facsimile transmission printout (a) Ordinary mail. — Proof shall consist of:
Substituted • an affidavit of the person mailing stating the facts
At the time of such delivery showing compliance with Section 7 of this Rule.
service
(b) Registered mail. — Proof shall be made by
Ø The rule on completeness of service by registered mail • the affidavit mentioned above AND
only provides for a disputable presumption. The burden • the registry receipt issued by the mailing office.
is on the petitioner to show that the postmaster’s notice
never reached him and that he did not acquire The registry return card shall be filed immediately
knowledge of the judgement upon its receipt by the sender, or in lieu thereof,
the unclaimed letter together with the certified or
SECTION 16. Proof of Filing. — The filing of a pleading or any sworn copy of the notice given by the postmaster
other court submission shall be proved by its existence in the to the addressee.
record of the case. (c) Accredited courier service. — Proof shall be made by:
• an affidavit of service executed by the person who
(a) If the pleading or any other court submission is not brought the pleading or paper to the service
in the record, but is claimed to have been filed provider, together with
personally, the filing shall be proven by the written or • the courier's official receipt or document tracking
stamped acknowledgment of its filing by the clerk of number.
court on a copy of the pleading or court submission; (d) Electronic mail, facsimile or other authorized
electronic means of transmission. — Proof shall be
(b) If the pleading or any other court submission was made by:
filed by registered mail, the filing shall be proven by • an affidavit of service executed by the person who
the registry receipt and by the affidavit of the person sent the e-mail, facsimile, or other electronic
who mailed it, containing a full statement of the date transmission, together with a printed proof of
and place of deposit of the mail in the post office in a transmittal.
sealed envelope addressed to the court, with postage
fully prepaid, and with instructions to the postmaster to Service of Papers Service of Final Orders,
return the mail to the sender after 10 calendar days if Judgements, and
not delivered. Resolutions
May be made by: Shall be served by:
(c) If the pleading or any other court submission was a. personal service a. Personal service
filed through an accredited courier service, the filing b. registered mail b. Registered mail
shall be proven by an affidavit of service of the person c. accredited courier c. Publication, when a
who brought the pleading or other document to the service party summoned by
service provider, together with the courier's official d. electronic mail, publication has
receipt and document tracking number. facsimile, or other failed to appear in
authorized electronic the action
(d) If the pleading or any other court submission was means of transmission
filed by electronic mail, the same shall be proven by e. ordinary mail, if service
an affidavit of electronic filing of the filing party by registered mail not
accompanied by a paper copy of the pleading or other available
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f. substituted service WHEN NOT PROPER

- Preliminary attachments
Ø if a party admits that it received a pleading on a certain - Proceedings for the probate of wills
date despite lack of proof of service, the said date - Levies on execution
would be the reckoning period for pleadings or motions - Proceedings for administration of estate of deceased
subsequently filed persons and
- Proceedings in which the only object is the recovery of
Section 18. Court-issued orders and other documents. - The a money judgment
court may electronically serve orders and other documents to all
the parties in the case which shall have the same effect and Ø Even if a party initially avails of a notice of lis pendens
validity as provided herein. A paper copy of the order or other upon the filing of a case in court, such notice is
document electronically served shall be retained and attached rendered nugatory if the case tums out to be a purely
to the record of the case. personal action. In such event, the notice becomes
functus officio
SECTION 19. Notice of Lis Pendens. — In an action affecting
CANCELLATON OF NOTICE OF LIS PENDENS/WHEN MAY
the title or the right of possession of real property, the
BE DENIED
plaintiff and the defendant when affirmative relief is claimed in
his or her answer, may record in the office of the RD of the
Only upon order of the court, after proper showing that:
province in which the property is situated a notice of the
1) The purpose of its action is for molesting the adverse
pendency of the action.
party, or
2) It is not necessary to protect the rights of the party who
Said notice shall contain the names of the parties and the object
caused it to be annotated.
of the action or defense, and a description of the property in that
province affected thereby.
Ø Notice of lis pendens may also be canceled by the RD
Only from the time of filing such notice for record shall a upon verified petition of the party who caused the
registration thereof
purchaser, or encumbrancer of the property affected thereby, be
deemed to have constructive notice of the pendency of the
Ø Filing for cancellation should be done during the
action, and only of its pendency against the parties designated
pendency of the case and not when it is already final
by their real names.
and executory
The notice of lis pendens hereinabove mentioned may be
cancelled only upon order of the court, after proper showing Ø Cannot be ordered cancelled on an ex parte motion,
much less without any motion at all. Neither can it be
that the notice is for the purpose of molesting the adverse party,
or that it is not necessary to protect the rights of the party who ordered cancelled upon the mere filing of a bond by the
party on whose title the notice is annotated.
caused it to be recorded.

Lis pendens – “pending suit” or “pending litigation”

NOTICE OF LIS PENDENS: Notice of the pendency of a real

action which the plaintiff or defendant may record in the office of
the registry of deeds where the property subject of the action is
situated

PURPOSE: Announcement to the whole world that a particular

REAL PROPETY is in litigation, serving as a warning that one
who acquires an interest over the said property does so at his
own risk, or that he gambles on the result of the litigation

WHO & WHEN TO FILE

Plaintiff: at the time of filing the complaint

Defendant: 1) at the time of filing his answer (when affirmative

relief is claimed in such answer); 2) at any time afterwards

PROPER CASES
- An action to recover possession of real estate:
- An action to quiet title thereto;
- An action to remove clouds thereon
- An action for partition; and
- Any other proceedings of any kind in Court directly
affecting the title to the land or the use or occupation
thereof or the buildings thereon.
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A.M. No. No. 251-2020 • Judicial Document - orders, resolutions, judgments, and
Guidelines on the Implementation in the Philippines of the other official documents, pleadings and other court
Hague Service Convention on the Service Abroad of Judicial submissions in civil or commercial proceedings
Documents in Civil and Commercial Matters
• Extrajudicial Document - any private or public document
SCOPE: judicial documents in CIVIL OR COMMERCIAL not directly connected with pending or terminated
MATTERS lawsuits before courts. (Ex: demands for payment,
notices to quit in connection with leaseholds, and
REQUISITES: protests in connection with bills of exchange)
a. A document is to be transmitted from one State Party for
service to another State Party; • Model Form - the form annexed to the Hague Service
b. The address of the intended recipient in the receiving State Convention consisting of three (3) parts: 1) Request for
Party is known; service, which is sent to the Central Authority of the
c. The document to be served is a judicial document; and Requested State; 2) Certificate, which confirms whether
d. The document to be served relates to a civil or commercial or not the documents have been served, and 3)
matter. Summary of the Document to be Served, which is
delivered to the addressee and preceded by a Warning
GROUNDS FOR OBJECTING TO REQUESTS relating to the legal nature, purpose and effects of the
Central authority may decline request for service if: document to be served.
A. does not comply with the provisions of the Hague
Service Convention, or Interpretation: Guidelines shall be interpreted with the end in
B. when compliance with the request would infringe upon view of expeditiously granting requests for transmission or
its sovereignty or security service abroad of judicial documents.

Objectives: Suppletory Application of the ROC: Where applicable, shall

a. To establish a system which, to the extent possible, apply suppletorily.
brings actual notice of the document to be served to the
recipient in sufficient time;
OUTBOUND REQUESTS FOR SERVICE
b. To simplify the method of transmission of these
documents from the requesting State to the requested
REQUESTS FOR EXTRATERRITORIAL SERVICE OF
State; and
JUDICIAL DOCUMENTS FROM THE PHILIPPINES TO
c. To facilitate proof that service has been effective abroad,
OTHER STATE PARTIES
by means of certificates contained in a uniform model.
SUMMARY:
Definition of Terms:
1. Motion for leave of court to request for extraterritorial
• Hague Conference on Private International Law (HCCH)
service
- intergovernmental organization established "to work for
2. Order of the Court granting the motion
the progressive unification of the rules of private
3. Judge/Justice to draft a Request
international law (Philippines became a member on July
4. Party to settle fees with Clerk of Court
14,2010)
5. Coordination and transmission with central authority of
the requested state
• Service - transmission and formal delivery of documents 6. Central Authority will process the request and attempt
that is legally sufficient to charge the defendant with to serve
notice of a pending action; Provided, that it shall not be
interpreted to comprise substantive rules relating to the
actual service of process, nor shall it determine the APPLICATION
conditions or formalities of that service - Upon motion for leave of court of a party in a civil or
commercial proceeding, the court shall determine whether
• Central Authority - the receiving authority in charge of extraterritorial service through the Hague Service
receiving requests for service from Requesting States Convention is necessary
and executing them or causing them to be executed (PH:
OCA) - The motion shall be accompanied, in duplicate, by the
following documents:
• Forwarding Authority - authority or judicial officer of the a) A copy of the Model Form, including the Request,
Requesting State competent to forward the request for Certificate, Summary of Documents to be Served,
service. (PH: all Justices and Clerks of Court of collegiate and Warning;
courts, and Judges of lower courts) b) The original documents to be served or certified
true copies thereof, including all annexes;
• Competent Authority - authority in Article 6, Hague c) Certified translations of the Model Form and all
Service Convention, in addition to the Central Authority, accompanying documents, where necessary;
designated to complete the Certificate (PH: All judges) d) An undertaking to pay in full any fees associated
with the service of the documents; and
e) Any other requirements of the Requested State,
taking into account its reservations, declarations
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and notifications, which may be found in the 1. Request will be referred to OCA
HCCH website. 2. Forwarding Authority of the Requesting State shall
transmit the request, together with all the documents,
ORDER GRANTING EXTRATERRITORIAL SERVICE including proof of payment, to the OCA
- If the court finds that extraterritorial service is warranted, it 3. OCA will forward to the Court having jurisdiction
shall issue an Order to that effect. 4. Executive or Presiding judge to immediately assign a
- The Order shall include a directive to the requesting party sheriff to serve
to procure and submit a prepaid courier pouch which 5. Certificate of sheriff of successful service
shall be used for the transmission of documents from the 6. Transmission of certificate to requesting state
court to the Central Authority of the Requested State
- The Judge, in the case of lower courts, or the Justice or the Requests: All inbound requests from other state parties shall be
Clerk of Court, in the case of collegiate courts, as referred to the OCA
forwarding authorities, shall accomplish and sign the
Request using the Model Form, check the completeness of Requirements:
documents, and ensure compliance with the requirements i. The documents sought to be served are judicial;
of the Hague Service Convention and that of the ii. The Request conforms to the Model Form;
Requested State. ii. The document sought to be served is attached to the
Request;
FEES AND COSTS iii. The Request and its attachments are
- the party shall settle the payment and submit the required accomplished/translated in English or Filipino;
proof of payment to the clerk of court iv. The Request and its attachment/s are filed in
- Any assessment after the execution, including any duplicate; and
deficiency assessment, shall still be paid by the party at the v. The address of the intended recipient is indicated with
appropriate time. Proof of payment of the costs and fees sufficient specificity. As much as practicable, it shall
shall be immediately sent to the clerk of court where the include the house number, building, street name,
case is pending. barangay, municipality/city, province, and zip code.
- Failure to settle the fees in full, whenever necessary, shall Post office boxes shall not be allowed.
be a ground for direct contempt of court, in addition to any
other sanction that the judge may impose PAYMENT OF COSTS:
- USD100 for each recipient to be served.
TRANSMISSION OF DOCUMENTS ABROAD: Once all the - For multiple recipients residing in the same address,
requirements are submitted by the party, the court shall only one fee shall be paid.
coordinate with the Central Authority of the Requested State and - Should cost for the service of document exceed the
transmit the following: said amount, the OCA shall send an updated
Statement of Cost to the Forwarding Authority
a) The Order granting the extraterritorial service - official receipts shall be issued upon verification of
b) The filled-out Request and Summary of payment and a copy shall be sent to the applicant
Document to be Served with Warning immediately
c) The blank Certificate (to be completed by the
Central Authority of the Requested State) TRANSMISSION OF REQUEST. - The Forwarding Authority of
d) The documents sought to be served; and the Requesting State shall transmit the request, together with all
e) Certified translations of the Model Form and all the documents, including proof of payment, to the OCA through
accompanying documents, where necessary electronic transmission (via email) or physical transmission (via
registered mail or courier)
- The court shall also furnish the OCA with a copy of the
request and shall update the OCA on the status of its Failure to comply with requirements:
request. - Upon failure to comply with any of the requirements, or
there are objections for the execution of the request,
EXECUTION OF REQUEST the OCA shall inform the Forwarding Authority
- The Central Authority of the Requested State shall - If the objections are resolved, the processing of the
process the request and attempt service in accordance request shall proceed. Otherwise, the request shall be
with its domestic laws. denied, and all documents relating thereto shall be
- It shall provide formal confirmation whether the service returned to the Forwarding Authority, along with a
was successful or unsuccessful, using the Certificate. notice of objection or denial, stating the reasons
- The completed Certificate shall be transmitted back to therefor.
the requesting court, and shall form part of the records
of the case. Forwarding to Executive Judge/Presiding Judge:
When the request is sufficient in form, the OCA shall forward the
INBOUND REQUESTS FOR SERVICE request to the court having jurisdiction over the area where the
intended recipient resides. Requests sent via email shall be
Requests for Extraterritorial Service of Judicial Documents transmitted to the official e-mail accounts of the court concerned.
in the Philippines from Other State Parties
Duties of Executive/Presiding Judge:
Summary:
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- The Executive Judge in multiple-sala courts, or the

Presiding Judge in single-sala courts, shall immediately
assign a sheriff, process server, or any other competent
personnel to serve the document in accordance with the
Rules of Court.
- Requests transmitted via email shall be printed by the court
concerned.
- The judge shall ensure that service is done in accordance
with these Guidelines and the Rules of Court.

Return on the Service:

- The officer assigned to serve the document shall execute

a return on the service in accordance with the ROC, and
submit the same to the judge of the court who directed the
service of the document within 5 days from service.
- The return shall state that the document and attachment/s
have been served, and shall include the method, the place
and the date of service, and the person to whom the
document was delivered.
- If not delivered successfully, the return shall state the
reasons which prevented the successful service. The
officer assigned shall deliver the unserved document to the
court, so that it may later be returned to the Forwarding
Authority.

Certificate: As soon as the return on the service is submitted,

whether successful or not, the judge shall immediately
accomplish and sign the Certificate. If unsuccessful service, the
documents sought to be served shall be attached to the
Certificate.

Transmission to the Requesting State:

- Within 30 calendar days from receipt of the request,
the judge shall transmit the duly accomplished
Certificate and the Return of Service to the Forwarding
Authority of the Requesting State. These shall be
accompanied by a copy of the documents served, in
cases of successful service, or the original, in
unsuccessful service.
- The judge shall furnish the OCA with a copy of all the
documents transmitted, for monitoring purposes.
- Should compliance exceed 30 calendar days, the judge
shall also submit an explanation to the OCA for the
delay.

Reimbursement of Expenses
Expenses that may be incurred in the service of judicial
documents for inbound requests shall be advanced by the
concerned Judge, subject to reimbursement.

The request for reimbursement, together with the supporting

documents, shall be submitted to the OCA and processed
accordingly, and charged against the Service Convention Fund.
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RULE 14 d. Where upon the decease of the original defendant, his

SUMMONS infant heirs are made parties
e. In cases of substitution of the deceased under Sec. 16
- Writ by which the defendant is notified of the action Rule 3. In these instances, the service of the order of
brought against him or her; mandate requiring the substitution is sufficient.
appearance of a defendant in an action under penalty
of having judgement entered against him for failure to SECTION 1. Clerk to Issue Summons – Unless the complaint
appear is on its face dismissible under Section 1, Rule 9, the court shall,
within 5 calendar days from receipt of the initiatory pleading
Two-fold purpose in general and proof of payment of the requisite legal fees, direct the
a. To acquire jurisdiction over the person of the defendant CLERK OF COURT to issue the corresponding summons to the
b. To notify the defendant that an action has been defendants.
commenced so that he may be given an opportunity to
be heard on the claim against him / to satisfy the Before issuance of summons, the court may dismiss the
requirements of due process complaint outright, if on the face of the complaint if is dismissible
by reason of:
EFFECT: Without service of summons, or when summons is a. Lack of jurisdiction over the subject matter
improperly made, both the trial and the judgment, being in b. Litis pendentia
violation of due process, are null and void, unless the c. Res judicata
defendant voluntarily appears, it being equivalent to service of d. Prescription of action
summons
SECTION 2. Contents. — The summons shall be directed to
Ø Requirement of DUE PROCESS and JURISDICTION; the defendant, signed by the clerk of court under seal, and
mandatory regardless of type of action - in personal, in contain:
rem, or quasi in rem (a) The name of the court and the names of the parties to
the action;
Ø Knowledge by defendant of an action filed against it (b) When authorized by the court upon ex parte motion,
does not dispense of the need for summons an authorization for the plaintiff to serve summons to
the defendant;
Ø if the defendant cannot be served with summons, the (c) A direction that the defendant answer within the time
remedy is not to dismiss the case, but to hold the case fixed by these Rules; and
in the archives; archiving (procedural measure (d) A notice that unless the defendant so answers, plaintiff
designed to temporarily defer the hearing of cases in will take judgment by default and may be granted the
which no immediate action is expected, but where no relief applied for.
grounds exist for their outright dismissal. An inactive
case is kept alive but held in abeyance until the A copy of the complaint and order for appointment of
situation obtains in which action thereon can be taken) guardian ad litem, if any, shall be attached to the original and
each copy of the summons.
AMENDED COMPLAINT
FAILURE TO ATTACH COPY OF COMPLAINT
REQUIRED: - Mere technical defect
1. When new causes of action are alleged in the amended - Service of summons vests jurisdiction in the court over
complaint filed before the defendant has appeared → the defendant who may be declared in default for
another summons must be served on the defendant failure to answer
- Defendant must nevertheless appear and apprise the
2. Defendant declared in default on original complaint and court of such defect → court will furnish him with a copy
complaint is amended subsequently → new summons of the complaint and give him a new time to answer
must be served on the defendant (original complaint
deemed withdrawn upon amendment) SECTION 3. By Whom Served. —
The summons may be served by the sheriff, his or her deputy,
3. Defendant has not yet appeared and has not filed an or other proper court officer, and in case of failure of service
answer → summons must be served upon him as of summons by them, the court may authorize the plaintiff — to
regards the amended complaint serve the summons — together with the sheriff.

4. If an additional defendant is joined → summons must In cases where summons is to be served outside the judicial
be served upon additional defendant region of the court where the case is pending, the plaintiff shall
be authorized to cause the service of summons.
NOT REQUIRED
a. No new cause/s of action is/are alleged If the plaintiff is a juridical entity, it shall notify the court, in
b. Even if there is/are new cause/s of action alleged but writing, and name its authorized representative therein,
the defendant voluntarily appeared in court attaching a board resolution or secretary's certificate
c. Where it is sought to bring in the administrator of a thereto, as the case may be, stating that such representative is
deceased party defendant in substitution of the duly authorized to serve the summons on behalf of the plaintiff.
deceased
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If the plaintiff misrepresents that the defendant was served (named in the pleading or
summons, and it is later proved that no summons was served, Leaving the summons within motion)
the case shall be dismissed with prejudice, the proceedings the view and in the presence
shall be nullified, and the plaintiff shall be meted appropriate of the defendant By leaving a copy in his
sanctions. office, or

If summons is returned without being served on any or all Leaving copy in his
the defendants, the court shall order the plaintiff to cause the residence with person of
service of summons by other means available under the Rules. sufficient age and discretion

Failure to comply with the order shall cause the dismissal of Ø Sec. 5 and Sec. 6 are not alternative modes that can
the initiatory pleading without prejudice. be resorted on the basis of convenience; it is only when
summons in person cannot be done that substituted
SECTION 4. Validity of Summons and Issuance of Alias service is allowed
Summons. — Summons shall remain valid until duly served,
unless it is recalled by the court. In case of loss or SUBSTITUTED SERVICE
destruction of summons, the court may, upon motion, issue an
alias summons. SECTION 6. Substituted Service. — If, for justifiable causes,
the defendant cannot be served personally after AT LEAST 3
There is failure of service after unsuccessful attempts to ATTEMPTS ON 2 DIFFERENT DATES, service may be
personally serve the summons on the defendant in his or her effected: (failure to serve usually within a period of 30 days from
address indicated in the complaint. Substituted service should issue and receipt of summons)
be in the manner provided under Section 6 of this Rule.
(a) By leaving copies of the summons at the defendant's
HEIRARCHY: residence to a person at least 18 years of age and of
1. SERVICE IN PERSON sufficient discretion residing therein;
2. SUBSTITUTED SERVICE Residence: place where the person named in the
3. SERVICE BY PUBLICATION summons is living at the time when the service is made,
4. Others: Extraterritorial; Service consistent with even though he may be temporarily out of the country
international conventions at the time; not synonymous to domicile, but refers to
the place where the person is actually residing
SERVICE IN PERSON
Discretion: ability to make decisions which represent
SECTION 5. Service in Person on Defendant. — Whenever a responsible choice and for which an understanding
practicable, the summons shall be served by handing a copy of what is lawful, right or wise may be presupposed;
thereof to the defendant in person and informing the defendant must know how to read and understand English to
that he or she is being served, or, if he or she refuses to receive comprehend the import of the summons, and fully
and sign for it, by leaving the summons within the view and realize the need to deliver the summons and complaint
in the presence of the defendant. to the defendant at the earliest possible time for the
person to take appropriate action
Modes of Service in Person
1. By handling a copy of summons to the defendant in
Ø last known address cannot be the place of service of
person and informing him/her that he/she is being
summons because it is not the address of the
served (in any place where he may be found)
defendant
2. By leaving the summons within the view and in the
(b) By leaving copies of the summons at the defendant's
presence of the defendant, if he refuses to receive it or office or regular place of business with some
sign it (tender of summons) competent person in charge thereof. A competent
person includes, but is not limited to, one who
- not a separate mode of service; part of service customarily receives correspondences for the
in person and applies when the defendant defendant;
refuses to receive and sign for the summons
Competent person in charge: one managing the
Service in Person of Personal Service of office or the business such as the President, manager,
Summons (R14 S5) Pleadings (R13 S6) or OIC (not necessary that the recipient be authorized
As to coverage to receive summons, it is enough that he appears to be
Applies only to summons Applies to all pleadings in charge; must have a “relation of confidence” to the
(except complaint), defendant ensuring that the latter would receive or at
judgements, and orders least be notified of the receipt of summons (ex:
secretary)
As to manner of performance
Handing copy in person and On counsel or party;
(c) By leaving copies of the summons, if refused entry
informed that he/she is being authorized representative
upon making his or her authority and purpose known,
served; or party or party’s counsel
with any of the officers of the homeowners'
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association or condominium corporation, or its chief the person in charge of the office or place of business
security officer in charge of the community or the maintained in such name.
building where the defendant may be found; and
But such service shall not bind individually any person whose
(d) By sending an electronic mail to the defendant's connection with the entity has, upon due notice, been severed
electronic mail address, if allowed by the court. before the action was filed.

ELEMENTS OF A VALID SUBSTITUTED SERVICE Ex: A, B, and C enters into a transaction under the name, ABC
1. The sheriff must establish the impossibility of prompt Corporation, an entity which has actually no juridical personality
personal service à A, B, and C may be sued under the name, ABC Corporation.
2. There must be specific details in the return describing Service may be effected upon all the defendants by serving
the circumstances surrounding the attempted personal summons upon (a) any one of them, or (b) upon the person in
service charge of the office or of the place of business maintained in
3. If substituted service is made at defendant’s residence such name.
→ sheriff must leave a copy of the summons with a
person of suitable age and discretion residing therein SECTION 8. Service upon Prisoners. — When the defendant
4. If substituted service is made at defendant’s office / is a prisoner confined in a jail or institution, service shall be
regular place of business → sheriff must leave a copy effected upon him or her by the officer having the
of the summons with a competent person in charge management of such jail or institution who is deemed as a
thereof, referring to the person managing the officer special sheriff for said purpose.
(ex: President or Manager)
The jail warden shall file a return within 5 calendar days
Return must: (substituted service) from service of summons to the defendant.
1. Indicate the impossibility of the personal service of
summons after at least 3 attempts on 2 different Ø The jail manager is deemed deputized as a special
dates within a period of 30 days from issue and sheriff
receipt of summons
2. Specify the efforts exerted to locate the defendant SECTION 9. Service Consistent with International
o Date and time of the attempts on personal Conventions. — Service may be made through methods which
service are consistent with established international conventions to
o Inquiries made to locate defendant which the Philippines is a party.
o Name/s of occupants of the alleged residence
or house of the defendant; competent persons EX: Hague Service Convention (PH not yet a signatory)
in charge of defendant’s office/regular place of
busines; officers of the homeowner’s SECTION 10. Service upon Minors and Incompetents. —
association or condominium or its chief security When the defendant is a minor, insane or otherwise an
OIC incompetent person, service of summons shall be made upon
o All other acts done to serve the summons on him or her personally and on his or her legal guardian if he
defendant or she has one, or if none, upon his or her guardian ad litem
3. State that the summons were served upon a person whose appointment shall be applied for by the plaintiff. In the
indicated under Sec. 6 Rule 14 case of a minor, service shall be made on his or her parent or
guardian.
Ø If the return does not state the ff. matters, the
substituted service is presumed to be invalid (may still SECTION 11. Service upon Spouses. — When spouses are
be disputed) sued jointly, service of summons should be made to each
spouse individually.
Ø if defendant is known to already be a permanent
resident of another country and is no longer found in SECTION 12. Service upon Domestic Private Juridical
the Philippines, substituted service will no longer apply Entity. — When the defendant is a corporation, partnership or
since he has neither a residence or office/regular place association organized under the laws of the Philippines with a
of business in the country. Neither will Sec. 16 apply juridical personality, service may be made on the:
since his identity and whereabouts are known. • president,
• managing partner,
Ø If validly served, failure to actually receive the • general manager,
summons DOES NOT AFFECT VALIDITY • corporate secretary,
• treasurer, or
NOTE: A overly strict application of s6 r14 may be dispensed • in-house counsel of the corporation wherever they may
with if the sheriff was prevented from effecting substituted be found,
service by the defendant himself • or in their absence or unavailability, on their
secretaries.
SECTION 7. Service upon Entity without Juridical If such service cannot be made upon any of the foregoing
Personality — When persons associated in an entity without persons, it shall be made upon the person who customarily
juridical personality are sued under the name by which they are receives the correspondence for the defendant at its principal
generally or commonly known, service may be effected upon office. In case the domestic juridical entity is under receivership
all the defendants by serving upon any one of them, or upon
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or liquidation, service of summons shall be made on the receiver

or liquidator, as the case may be. NOT ENGAGED IN BUSINESS IN PH (not required to secure
- enumeration is limited to the persons enumerated and license): generally, the PH courts have no jurisdiction but → may
summons cannot be served upon any other person sue under an isolated transaction (by principle of estoppel,
- restricted, limited and exclusive (expressio unios est estopped from challenging personality after it has entered into a
exclusio alterus) contract with it)
- no requirement that it be served upon them at thr
corporation’s office or place of business à wherever SECTION 15. Service upon Public Corporations. — When
the enumerated person/s are found. the defendant is the Republic of the Philippines, service may be
effected on the Solicitor General; in case of a province, city or
Should there be a refusal on the part of the persons above- municipality, or like public corporations, service may be effected
mentioned to receive summons despite at least 3 attempts on 2 on its executive head, or on such other officer or officers as the
different dates, service may be made electronically, if law or the court may direct.
allowed by the court, as provided under Section 6 of this Rule.
UNINCORPORATED GOVERNMENT AGENCY
SECTION 13. Duty of Counsel of Record. — Where the because it is unincorporated, possesses no juridical personality,
summons is improperly served and a lawyer makes a the suit is against the agency's principal, i.e., the State
special appearance on behalf of the defendant to, among
others, question the validity of service of summons, the counsel SERVICE BY PUBLICATION
shall be deputized by the court to serve summons on his or
her client. When allowed:
a. Service upon foreign private juridical entity (S14(b)
SECTION 14. Service upon Foreign Private Juridical R14) → if not registered in the PH or has no resident
Entities. — When the defendant is a foreign private juridical agent
entity which has transacted or is doing business in the b. Service upon defendant whose identity or whereabouts
Philippines, as defined by law, service may be made on its are unknown (S16 R14)
resident agent designated in accordance with law for that c. Extraterritorial service upon non-resident defendant
purpose, or, if there be no such agent, on the government (S17 R14) → actions quasi in rem/in rem
official designated by law to that effect, or on any of its d. Service upon a resident temporarily out of the PH (S18
officers, agents, directors or trustees within the Philippines. R14)
EX of government official designated by law: insurance REQUIREMENTS
commissioner (for insurance corporations); SEC (if liable under • Made in instances abovementioned
Securities Regulation Code)
• Application for leave of court (through a motion in
writing, supported by an affidavit of the plaintiff or
If the foreign private juridical entity is not registered in the
person on his behalf, setting forth the grounds for the
Philippines, or has no resident agent but has transacted or is
application)
doing business in it, as defined by law, such service may, with
• Deposit of a copy of the summons and the order for
leave of court, be effected outside of the Philippines through
publication in the post office, postage pre-paid, directed
any of the following means: (a type of extraterritorial service)
to defendant by registered mail to his last known
(a) By personal service coursed through the appropriate
address
court in the foreign country with the assistance of the
DFA • Publication made in a newspaper of general circulation
(b) By publication once in a newspaper of general in such places and for such time as the court may order
circulation in the country where the defendant may be • Proof of service by publication by way of affidavits
found and by serving a copy of the summons and the stating matters set forth in S22 R14
court order by registered mail at the last known address
of the defendant; SECTION 16. Service upon Defendant Whose Identity or
(c) By facsimile; Whereabouts are Unknown. — In any action where the
(d) By electronic means with the prescribed proof of defendant is designated as an unknown owner, or the like, or
service; or whenever his or her whereabouts are unknown and cannot
(e) By such other means as the court, in its discretion, may be ascertained by diligent inquiry, within 90 calendar days
direct. from the commencement of the action, the service may, by
leave of court, be effected upon him or her by publication in a
Ø When a foreign corporation has designated a person to newspaper of general circulation and in such places and for
receive summons on its behalf, designation is such time as the court may order.
EXCLUSIVE
Any order granting such leave shall specify a reasonable time,
Note: Before issuance of license to transact business, SEC which shall not be less than 60 calendar days after notice, within
requires a written power of attorney designating a resident which the defendant must answer.
whom summons may be served
Ø action in personam: permissible where the identity or
LICENSED TO DO BUSINESS: may sue or be sued whereabouts of the defendant are unknown; or where
the defendant is a resident temporarily out of the
NOT LICENSED: may be sued but cannot sue or intervene Philippines (Sec. 18)
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Ø not a proper mode against a non-resident in an action liable, under the control of the court, to answer to any
in personam; possible exception: defendant is a foreign demand which may be established against the
juridical entity not registered/with no resident agent defendant by the final judgement of the court

SECTION 17. Extraterritorial Service. — When the defendant SECTION 18. Residents Temporarily Out of the Philippines.
does not reside and is not found in the Philippines, and the — When any action is commenced against a defendant who
action: ordinarily resides within the Philippines, but who is temporarily
(1) affects the personal status of the plaintiff or out of it, service may, by leave of court, be also effected out of
the Philippines, as under the preceding Section.
(2) relates to, or the subject of which is, property within
the Philippines, Ø Sec 18 also applies to actions in personam
o in which the defendant has or claims a lien or
interest, actual or contingent, or Ø Substituted service to be effective against a resident
o in which the relief demanded consists, wholly temporarily out of the Philippines assumes that the
or in part, in excluding the defendant from any absence of the defendant is only temporary and that he
interest therein, or has a residence or office or regular place of business
in the Philippines. Thus, where the defendant is already
(3) the property of the defendant has been attached a permanent resident of another country and is no
within the Philippines, service may, by leave of court, longer found in the Philippines, he is no longer a
be effected out of the Philippines by: (MODES) resident defendant temporarily out of the Philippines.
o personal service as under Section 6; or
o as provided for in international conventions to Ø Section 18 may apply where the case against him is
which the Philippines is a party; or one in rem or quasl in rem.
o by publication in a newspaper of general
circulation in such places and for such time as NOTE: Substituted service of summons under S6 R14, in a suit
the court may order, in which case a copy of in personam against a resident of the Philippines temporarily
the summons and order of the court shall absent therefrom, is the normal method of service of summons
be sent by registered mail to the last known that will confer jurisdiction on the court over such defendant.
address of the defendant, or in any other
manner the court may deem sufficient. SECTION 19. Leave of Court. — Any application to the court
under this Rule for leave to effect service in any manner for
Any order granting such leave shall specify a reasonable time, which leave of court is necessary shall be made by motion in
which shall not be less than 60 calendar days after notice, within writing, supported by affidavit of the plaintiff or some person
which the defendant must answer. on his behalf, setting forth the grounds for the application.

PURPOSE: merely to satisfy due process requirement SECTION 20. Return. —

REQUISITES: Within 30 calendar days from issuance of summons by the

1. defendant is a non-resident clerk of court and receipt thereof, the sheriff or process server,
2. he is not found in the Philippines or person authorized by the court, shall complete its service.
3. action against him is either in rem or quasi in rem
Within 5 calendar days from service of summons, the server
ACTION IN PERSONAM shall file with the court and serve a copy of the return to the
plaintiff's counsel, personally, by registered mail, or by
- when the defendant is non-resident, personal service electronic means authorized by the Rules.
of summons within the State is essential to the
acquisition of jurisdiction over the person; this cannot Should substituted service have been effected, the return shall
be done if the defendant is not physically present in the state:
country (1) The impossibility of prompt personal service within a
period of 30 calendar days from issue and receipt of
REMEDY: If the defendant does not reside and is not summons;
found in the PH, in order for the court to acquire
jurisdiction to try the case, the plaintiff may CONVERT (2) The date and time of the 3 attempts on at least 2
THE ACTION into a proceeding in rem or quasi in rem separate dates to cause personal service and the
by attaching the property of the defendant details of the inquiries made to locate the defendant
residing thereat; and
Ø if in personam, remedy is to file for provisional
remedy of attachment, which is allowed in “an action (3) The name of the person at least 18 years of age and of
against a party who does not reside and is not found in sufficient discretion residing thereat; name of
the Philippines” competent person in charge of the defendant's office or
regular place of business, or name of the officer of the
Ø If property is attached and later the defendant appears, homeowners' association or condominium corporation
the cause becomes mainly a suit in personam, with the or its chief security officer in charge of the community
added incident that the property attached remains or building where the defendant may be found.
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in an unequivocal manner; failure to do so constitutes

Ø The plaintiff interested in locating the defendant may voluntary submission
conduct on his own a background check, or private
investigation, and he might be able to furnish the new
address; he may deputize the counsel or any other
authorized person to serve the summons.

SECTION 21. Proof of Service. — The proof of service of a

summons shall be made in writing by the server and:
1. shall set forth the manner, place, and date of service;

2. shall specify any papers which have been served with the
process and the name of the person who received the same;
and

3. shall be sworn to when made by a person other than a sheriff

or his or her deputy.

If summons was served by electronic mail, a printout of said e-

mail, with a copy of the summons as served, and the affidavit of
the person mailing, shall constitute as proof of service.

SECTION 22. Proof of Service by Publication. — If the service

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

SECTION 23. Voluntary Appearance. — The defendant's

voluntary appearance in the action shall be equivalent to service
of summons. The inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction over the person of the
defendant shall be deemed a voluntary appearance.
Ø Lack or defect in the service of summons may be cured
by the defendants’ subsequent voluntary submission to
the jurisdiction of the court

GR: One who seeks affirmative relief is deemed to have

submitted to the jurisdiction of the court; seeking an affirmative
relief constitutes voluntary appearance

- EX of voluntary appearance:
o Defendant files a corresponding pleading
o MR for reconsideration of judgement of
default
o Petition to set aside judgement of default
o Parties jointly submit a compromise
agreement for the approval of the court

- NOTE: filing an answer per se should not be treated

automatically as a voluntary appearance (ex:
affirmative defense on the ground of lack of jurisdiction
over the person)

XPN: Special appearances – when the defendant invokes the

special jurisdiction of the court by impugning such jurisdiction
over his person

- Objections to jurisdiction of the court over the person

of the defendant must be explicitly made, i.e, set forth
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MODULE 5 A motion for leave to file a pleading or motion shall be

accompanied by the pleading or motion sought to be admitted
RULE 15
MOTIONS REQUISITES FOR MOTIONS:
a) must be in writing except those made in open court or
SECTION 1. Motion Defined. — A motion is an application for in the course of a hearing or trial
relief other than by a pleading. b) shall state the relief sought to be obtained and the
grounds upon which it is based, and if required by
Pleading Motion these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits
Purpose is to submit a claim Purpose is to apply for an
and other papers
or defense for appropriate order not included in the
c) should be served by personal service, accredited
judgement judgement
courier, or electronic means
Must be written May be oral when made in
d) there must be proof of service
open court or in the course of
a hearing or trial
SECTION 4. Non-Litigious Motions. — Motions which the
May be initiatory Not on its own an initiatory
court may act upon without prejudicing the rights of adverse
pleading, but may be part of
parties are non-litigious motions. These motions include:
an initiatory pleading
a) Motion for the issuance of an alias summons
b) Motion for extension to file answer
Generally, motions pray for relief other than the main cause of c) Motion for postponement
action or the main defense. However, there are motions which d) Motion for the issuance of a writ of execution
pray for judgement on the merits which are normally prayed for
e) Motion for the issuance of an alias writ of execution
in a pleading such as:
f) Motion for the issuance of a writ of possession
• Motion for judgement to the demurrer to evidence g) Motion for the issuance of an order directing the
• Motion for judgement on the pleadings sheriff to execute the final certificate of sale; and
• Motion for summary judgement h) Other similar motions (ex: motion to set the case for
• Motion to approve compromise agreement pre-trial)

KINDS OF MOTIONS These motions shall not be set for hearing and shall be resolved
1) Litigious Motion by the court within 5 calendar days from receipt thereof.

2) Non-litigious Motion – one which does not require Formerly, the GR is every written motion shall be set for hearing
that the parties be heard and which the court may act except if non-litigious; the presumption was every written motion
upon without prejudicing the rights of the other party: is litigious. Now, hearing on litigious motions is
DISCRETIONARY.
FORM OF MOTIONS
SECTION 2. Motions Must be in Writing. — All motions shall SECTION 5. Litigious Motions. —
be in writing except those made in open court or in the
course of a hearing or trial.
(a) Litigious motions include:
1) Motion for bill of particulars;
A motion made in open court or in the course of a hearing or trial
2) Motion to dismiss;
should immediately be resolved in open court, after the adverse
3) Motion for new trial;
party is given the opportunity to argue his or her opposition
4) Motion for reconsideration;
thereto.
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading
When a motion is based on facts not appearing on record, the
court may hear the matter on affidavits or depositions presented has been filed;
by the respective parties, but the court may direct that the matter 7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of
be heard wholly or partly on oral testimony or depositions.
demolition;
9) Motion for intervention;
SECTION 11. Form. — The Rules applicable to
10) Motion for judgment on the pleadings;
pleadings shall apply to written motions so far as
11) Motion for summary judgment;
concerns caption, designation, signature, and other
12) Demurrer to evidence;
matters of form.
13) Motion to declare defendant in default; and
14) Other similar motions (ex: motion for the
SECTION 3. Contents. — A motion shall state:
issuance of subpoena duces tecum and ad
- the relief sought to be obtained and
testificandum; motion to lift order of default)
- the grounds upon which it is based, and
- if required by these Rules or necessary to prove facts
(b) All motions shall be served by personal service,
alleged therein, shall be accompanied by supporting
accredited private courier or registered mail, or
affidavits and other papers.
electronic means so as to ensure their receipt by the
other party.
Motion for Leave
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(c) The opposing party shall file his or her opposition “Motion attacking” – ex. motion to dismiss, motion to quash a
within 5 calendar days from receipt thereof. No other search warrant in criminal cases,
submissions shall be considered by the court in the
resolution of the motion. SECTION 10. Motion for Leave. — A motion for leave to file a
pleading or motion shall be accompanied by the pleading or
(d) The motion shall be resolved by the court within 15 motion sought to be admitted.
calendar days from its receipt of the opposition
thereto, or upon expiration of the period to file such SECTION 11. Form. — The Rules applicable to pleadings shall
opposition. apply to written motions so far as concerns caption, designation,
signature, and other matters of form.
Ø Service by electronic means shall be made if the party
concerned consents to such mode of service SECTION 12. Prohibited Motions. — The following motions
shall not be allowed:
SECTION. 6. Notice of Hearing on Litigious Motions;
Discretionary. — The court may, in the exercise of its a) Motion to dismiss except on the following grounds:
discretion, and if deemed necessary for its resolution, call a a. That the court has no jurisdiction over the subject
hearing on the motion. The notice of hearing shall be addressed matter of the claim;
to all parties concerned, and shall specify the time and date of b. That there is another action pending between the
the hearing. same parties for the same cause; and
c. That the cause of action is barred by a prior judgment
PURPOSE OF HEARING: to resolve clarificatory questions of or by the statute of limitations
the court - May be filed even after an answer had been filed
- Must be resolved, it cannot be deferred until trial
- If denied, remainder of time but not less than 5
Ø No requirement on when said hearing shall be set days within which to file answer
(formerly 1 day after filing) - Other instances when prohibited: summary
procedure, ejectment, small claims, Liquidation
Ø In the hearing, when the motion is based on facts not / Insolvency proceedings, intra-corporate
appearing on record, the court may hear the matter on controversies, rehabilitation, environmental
affidavits or depositions presented, but the court may cases, nullification, annulment, legal separation
direct that the matter be heard wholly or partly on oral
testimony or depositions b) Motion to hear affirmative defenses
SECTION 7. Proof of Service Necessary. — No written motion c) Motion for reconsideration of the court's action on the
shall be acted upon by the court without proof of service thereof, affirmative defenses
pursuant to Section 5(b) hereof.
d) Motion to suspend proceedings without a TRO or
Under the old Rules, the court nonetheless may act upon the injunction issued by a higher court
motion “if it is satisfied that the rights of the adverse party or
parties are not affected”. It is submitted that the court retains e) Motion for extension of time to file pleadings, affidavits or
such discretion to act upon the motion, especially where the any other papers, except a motion for extension to file an
adverse party did in fact receive the motion. answer as provided by Section 11, Rule 11
SECTION 8. Motion Day. — Except for motions requiring f) Motion for postponement intended for delay, except if it is
immediate action, where the court decides to conduct hearing based on acts of God, force majeure or physical inability of
on a litigious motion, the same shall be set on a Friday. the witness to appear and testify. If the motion is granted
Ø Friday afternoons; if Friday is a non-working day – based on such exceptions, the moving party shall be
afternoon of the next working day warned that the presentation of its evidence must still be
terminated on the dates previously agreed upon.
Atty. Bohol: set on Fridays because they are not as important as
pleadings. Court is busy with other cases. A motion for postponement, whether written or oral, shall,
at all times, be accompanied by the original official receipt
SECTION 9. Omnibus Motion. — Subject to the provisions of from the office of the clerk of court evidencing payment of
Section 1 of Rule 9, a motion attacking a pleading, order, the postponement fee under Section 21 (b), Rule 141, to
judgment, or proceeding shall include all objections then be submitted either at the time of the filing of said motion
available, and all objections not so included shall be deemed or not later than the next hearing date. The clerk of court
waived. shall not accept the motion unless accompanied by the
original receipt.
GR: a motion that attacks a pleading, judgment, order or
proceeding shall include all grounds then available, and all SECTION 13. Dismissal with Prejudice. — Subject to the
objections not so included shall be deemed waived right of appeal, an order granting a motion to dismiss or an
affirmative defense:
XPN: Sec. 1, Rule 9, objections not deemed waived even if not - that the cause of action is barred by a prior judgment
included: (a) lack of jurisdiction over the subject matter; (b) litis or by the statute of limitations
pendentia; (c) res judicata; and (d) prescription.
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- that the claim or demand set forth in the plaintiff's c. Even where notice of dismissal does not provide that it
pleading has been paid, waived, abandoned or is with prejudice, but plaintiff provides a reason therein
otherwise extinguished; or that prevents the refiling of the complaint (ex: premised
- that the claim on which the action is founded is on the fact of payment by the defendant)
unenforceable under the provisions of the statute of
frauds WITHOUT PREJUDICE
SECTION 2. Dismissal upon Motion of Plaintiff. — Except as
shall bar the refiling of the same action or claim. provided in the preceding section, a complaint shall not be
dismissed at the plaintiff's instance save upon approval of the
WITH PREJUDICE WITHOUT PREJUDICE court and upon such terms and conditions as the court
Complaint cannot be refiled Complaint can be refiled deems proper.
Dismissal appealable Not appealable (Remedy:
Rule 65) If a counterclaim has been pleaded by a defendant prior to the
service upon him or her of the plaintiff's motion for dismissal, the
Rule 41, Sec. 1: No appeal may be taken from: dismissal shall be limited to the complaint. The dismissal
(g) An order dismissing an action without prejudice. shall be without prejudice to the right of the defendant to
prosecute his or her counterclaim in a separate action unless
In any of the foregoing circumstances, the aggrieved party may within 15 calendar days from notice of the motion he or she
file an appropriate special civil action as provided in Rule 65. manifests his or her preference to have his or her
counterclaim resolved in the same action. Unless otherwise
Remedy of defendant: proceed to trial and if he loses, assign specified in the order, a dismissal under this paragraph shall be
the failure to dismiss as a reversible error (certiorari, prohibition, without prejudice.
mandamus not a remedy, applying Rule 8, Sec. 12 (e) by
analogy – affirmative defenses if denied shall not be the subject A class suit shall not be dismissed or compromised without the
of a MR or CPM) approval of the court.

RULE 16 EFFECT OF DISMISSAL OF COMPLAINT ON EXISTING

MOTION TO DISMISS COUNTERCLAIMS → dismissal shall be limited to the
provisions either deleted or transposed complaint if a counterclaim has been pleaded by a defendant
PRIOR to service upon him/her of the plaintiff’s motion for
dismissal
RULE 17
DISMISSAL OF ACTIONS Defendant may:
a. Have the counterclaim resolved in the same action
WITHOUT PREJUDICE (CONDITION: manifest such preference to the trial
SECTION 1. Dismissal upon Notice by Plaintiff. — A court within 15 calendar days from notice of motion to
complaint may be dismissed BY THE PLAINTIFF by filing a dismiss)
notice of dismissal at any time before service of the answer b. Prosecute his counterclaim in a separate action
or of a motion for summary judgment.
RATIONALE: passing of 15-day period triggers finality of the
Upon such notice being filed, the court shall issue an order court’s dismissal of the complaint, hence bars the conduct of
confirming the dismissal. further proceedings, even the prosecution of counterclaim in the
same action; thus to obviate finality, defendant must file the
Unless otherwise stated in the notice, the dismissal is without manifestation
prejudice, except that a notice operates as an adjudication
upon the merits when filed by a plaintiff who has once dismissed NOTE: If the dismissal of the complaint somehow eliminates the
in a competent court an action based on or including the same cause of the counterclaim, then the counterclaim cannot survive.
claim. Ø if the counterclaim was pleaded by the Defendant after
service upon him of the Plaintiff's motion for dismissal,
Dismissal upon notice is a MATTER OF RIGHT, provided it is the dismissal of the complaint shall likewise result in
filed at any time before service of the: 1) answer OR 2) motion the dismissal of the counterclaim
for summary judgement
DISMISSAL NO LONGER A MATTER OF RIGHT
GR: A dismissal made by filing of a notice of dismissal is a Once either an answer or a motion for summary judgement has
dismissal WITHOUT PREJUDICE been served on the plaintiff, the dismissal is no longer a matter
of right and will require the FILING OF A MOTION TO DISMISS,
XPN: not a mere notice of dismissal à the complaint shall not be
a. Where the notice of dismissal so provides dismissed save upon approval of the court
b. Where the plaintiff has previously dismissed (either by
notice or motion) the same case in a court of competent EX OF WHY PLAINTIFF WILL ASK FOR DISMISSAL:
jurisdiction (Two-Dismissal Rule) - Reconciliation with defendant
• The second notice of dismissal will bar the - Lack of resources to continue
refilling of the action because it will operate as - Death of original plaintiff and the heirs do not want to
an adjudication of the claim upon the merits continue
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- Jurisdictional error (note: refiling will not be barred by the

two-dismissal rule since the first was not dismissed by a
court of competent jurisdiction)

Ø Ratio for rule in class suit: to protect the interests of the

members of the class

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

GROUNDS FOR DISMISSAL WITH PREJUDICE

Without any justifiable cause, failure of the plaintiff to:
a. Appear on the date of presentation of his evidence in
chief on the complaint
b. Prosecute his action for an unreasonable length of time
c. Comply with the ROC
d. Comply with any order of the court

Non prosequitur (“he or she does nor prosecute”)

A judgement entered against a plaintiff who fails to appear in
court proceedings or fails to do any other thing procedurally
necessary in a timely manner.

The fundamental test for non prosequitur, is whether under the

circumstances, the plaintiff is chargeable with want of due
diligence in failing to proceed with reasonable promptitude.
There must be unwillingness on the part of the plaintiff to
prosecute.
Ø If plaintiff is absent during defendant’s presentation of
evidence – waiver of right to object/cross-examine

Ø If some evidence had been presented and they were

later absent on the succeeding day for presentation –
waiver to further present evidence à already rested its
case

SECTION 4. Dismissal of Counterclaim, Cross-Claim, or

Third-Party Complaint. — The provisions of this Rule shall
apply to the dismissal of any counterclaim, cross-claim, or third-
party complaint. A voluntary dismissal by the claimant by notice
as in Section 1 of this Rule, shall be made before a responsive
pleading or a motion for summary judgment is served or, if
there is none, before the introduction of evidence at the trial
or hearing.
Ø There is no such thing as provisional dismissal in civil
cases
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MODULE 6 “Last pleading has been served and filed” – also means if the
period for filing the same has expired
RULE 18
PRE-TRIAL Ø Last responsive pleading refers to the ANSWER which
shall be filed within 30 calendar days from receipt of
PURPOSE: service of summons
- To promote amicable settlement
- To avoid or simplify trials PLAINTIFF’S DUTY
- To prevent last minute continuances Plaintiff should file an ex parte motion to set the case for pre-trial
- To promote a fair and expeditious trial of the criminal within 5 days from the filing of the last pleading. If he fails to file
and civil aspects of the case said motion within the given period, the branch clerk of
court shall issue a notice of pre-trial (AM No. 03-1-09 SC)
A pre-trial is meant to serve as a device to clarify and narrow
down the basic issue between the parties and to ascertain the Ø AM No. 03-1-09 SC did not give the sole burden on the
facts relative to those issues and to enable the parties to obtain courts to set cases for pre-trial.
the fullest possible knowledge of the issues and facts before civil
trials and thus prevent said trial to be carried on the dark. Ø AM No. 03-1-09 SC must be read together with R17 S3
on dismissals due to plaintiff’s fault. Plaintiff should
IN CIVIL CASES IN CRIMINAL CASES thus sufficiently show justifiable cause for its failure to
set the case for pre-trial; otherwise, the court can
mandatory
dismiss the complaint outright
Set when the plaintiff moves Ordered by the court and no
ex parte to set the case for motion is required
Section 2. Nature and Purpose. - The pre-trial is mandatory
pre-trial
and should be terminated promptly. The court shall consider:
after the last pleading has after arraignment and within
been served and filed 30 days from the date the
(a) The possibility of an amicable settlement or of a submission
court acquires jurisdiction
to alternative modes of dispute resolution;
over the person of the
accused
(b) The simplification of the issues;
Considers the possibility of Does not include amicable
amicable settlement settlement of criminal liability
(c) The possibility of obtaining stipulations or admissions of facts
Agreements and admissions All agreements or admissions and of documents to avoid unnecessary proof;
are not required to be signed made or entered during the
by both the parties and their pre-trial conference shall be (d) The limitation of the number and identification of witnesses
counsels, they are contained reduced in writing and signed and the setting of trial dates;
in the record of pre-trial, the by both the accused and
PTO or the Minutes of counsel; otherwise, they (e) The advisability of a preliminary reference of issues to a
Preliminary Conference cannot be used against the commissioner;
signed by both parties and/or accused
counsel (f) The propriety of rendering judgment on the pleadings, or
presence of defendant is accused is merely required to summary judgment, or of dismissing the action should a valid
required unless duly sign the written agreement ground therefor be found to exist;
represented at the PTC by arrived at in the PTC if he is in
counsel w/ the requisite conformity therewith, unless (g) The requirement for the parties to:
authority, failing in either of otherwise required by the 1) Mark their respective evidence if not yet marked in the
which the case shall proceed court judicial affidavits of their witnesses;
as if the defendant has been 2) Examine and make comparisons of the adverse
declared in default parties’ evidence vis-a-vis the copies to be marked;
Presence of plaintiff is Presence of plaintiff is not 3) Manifest for the record stipulations regarding the
required unless excused for required, only at the faithfulness of the reproductions and the genuineness
valid cause or if represented arraignment for plea and due execution of the adverse parties’ evidence;
by a person authorized in bargaining, determination of 4) Reserve evidence not available at the pre-trial. but only
writing civil liability, and other in the following manner;
matters. i. For testimonial evidence, by giving the name
Failure to appear merits Sanctions are imposed upon or position and the nature of the testimony of
sanction on the plaintiff or the counsel of the accused or the proposed witness;
defendant the prosecutor ii. For documentary evidence and other object
Pre-trial brief is required Pre-trial brief is not required evidence, by giving a particular description of
the evidence.
Section 1. When conducted. - After the last responsive No reservation shall be allowed if not made in the manner
pleading has been served and filed, the branch clerk of court described above.
shall issue, within 5 calendar days from filing, a notice of pre-
trial which shall be set not later than 60 calendar days from the
(h) Such other matters as may aid in the prompt disposition of
filing of the last responsive pleading.
the action.
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The failure without just cause of a party and counsel to Adherence to the One Day Examination of Witness Rule shall
appear during pre-trial despite notice, shall result in a waiver of be required where the witness shall be fully examined in one day
any objections to: only, subject to the court's discretion during the trial on whether
- the faithfulness of the reproductions marked, or or not to extend the examination for justifiable reasons
- their genuineness and
- due execution MOST IMPORTANT WITNESS RULE
Where no settlement has been effected, the court shall follow
The failure without just cause of a party and/or counsel to bring the Most Important Witness Rule, where the court shall
the evidence required shall be deemed a waiver of the determine the most important witnesses, limit the number of
presentation of such evidence. such witnesses and require the parties and/or counsels to
submit to the branch clerk of court the names, addresses and
The branch clerk of court shall prepare the minutes of the pre- contact numbers of the witnesses to be summoned by
trial. which shall have the following format: subpoena. Note, however, that the court may also refer the case
to a trial by commissioner under Rule 32.
- The process of securing admissions, whether of facts
or evidence, is essentially voluntary. When the parties Ø Questions are to be asked by the judge and all
are unable to arrive at a stipulation of agreed facts the questions or comments must be directed to the judge
court must close the pre-trial and proceed with the trial to avoid hostilities between the parties
of the case.
Section 3. Notice of pre-trial. - The notice of pre-trial shall
- The judge should not allow the termination of pre-trial include the dates respectively set for:
simply because of the manifestation of the parties that (a) Pre-trial;
they cannot settle the case. Instead, he should expose (b) Court-Annexed Mediation; and
the parties to the advantages of pre-trial (AM No. 03-1- (c) Judicial Dispute Resolution, if necessary.
09 SC)
The notice of pre-trial shall be served on counsel, or on the
- If all efforts to settle fail, the trial judge shall endeavor party if he or she has no counsel. The counsel served with
to achieve other purposes of a pre-trial like, among such notice is charged with the duty of notifying the party
others, obtaining admissions or stipulations of fact by represented by him or her.
asking the parties to submit whatever depositions have
been taken, the answers to written interrogatories and Non-appearance at any of the foregoing settings (CAM, and
the answers to request for admissions by the adverse JDR) shall be deemed as non-appearance at the pre-trial and
party. He may, also, require the production of shall merit the same sanctions under Section 5 hereof.
documents or things requested by a party and the Ø Sending a notice of pre-trial stating the date, time, and
results of the physical and mental examination of place of pre-trial is MANDATORY. Its absence will
persons render the pre-trial and subsequent proceedings void

- Under the former rule, the court was authorized to Section 4. Appearance of parties. - It shall be the duty of the
render a judgment on the pleadings or a summary parties and their counsel to appear at the pre-trial, CAM, and
judgment if at the trial the court find that facts exist to JDR, if necessary. The non-appearance of a party and counsel
warrant the rendition of said judgments, on its own may be excused only for acts of God, force majeure, or duly
motion. Now, the court's authority is confined to a mere substantiated physical inability.
determination of the propriety of rendering a
judgment on the pleadings or a summary A representative may appear on behalf of a party, but must be
judgment, motion should be filed and heard before fully authorized in writing to enter into an amicable settlement,
either judgment is to be rendered. to submit to alternative modes of dispute resolution, and to enter
into stipulations or admissions of facts and documents.
PRELIMINARY CONFERENCE Ø incomplete authority equivalent to having no authority
- equivalent of a pretrial in proceedings where no trial is at all
conducted – mandatory in Summary Procedure
- may be held in the CA but it is not mandatory Ø Non-appearance cannot be excused as Sec. 4 in
- may apply to SC in certiorari, prohibition, mandamus, relation to Sec. 6 of Rule 18, allows only two
habeas corpus, quo warranto, whenever it decides to exceptions:
do so o A valid excuse; and
o appearance of a representative on behalf of a
At the start of the preliminary conference, the judge is mandated party, who is fully authorized in writing, to
to refer the parties and/or their counsels to the mediation unit of enter into an amicable settlement, submit to
the Philippine Mediation Center (PMC). If mediation fails, the alternative modes of dispute resolution, and
judge will schedule the continuance of the preliminary enter into stipulations or admissions of facts
conference. This rule applies to Metro Manila, Cebu, Davao City, and documents
and other places where Philippine Mediation Center Units may
be further organized and designated Section 5. Effect of failure to appear. - When duly notified, the
failure of the plaintiff and counsel to appear without valid cause
ONE DAY WITNESS RULE when so required, pursuant to the next preceding Section, shall
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cause the dismissal of the action. The dismissal shall be with REMEDY: file a motion to lift File an MR without need for
prejudice, unless otherwise ordered by the court. order of default on the recital of meritorious defense
ground of fraud, accident, as the same is already
A similar failure on the part of the defendant and counsel shall mistake, or excusable contained in the answer
be cause to allow the plaintiff to present his or her evidence ex- negligence and recite
parte within 10 calendar days from termination of the pre-trial meritorious defense
and the court to render judgment on the basis of the evidence
offered. Ø if the defendant fails to appear for pre-trial, a default
order is no longer issued. Initially, the phrase “as in
EFFECT OF FAILURE TO APPEAR WITHOUT VALID CAUSE default” was included in the old rules. With the
AT PRE-TRIAL, CAM, AND JDR amended provision, the phrase “was deleted, the
- Plaintiff → dismissal with prejudice (unless otherwise purpose of which is “one of semantical propriety or
provided) terminological accuracy as there were criticisms on the
use of the word default in the former provision since
o R18 S2: failure to appear during pretrial shall that term is identified with the failure to file a required
result in waiver of any objection to the answer, not appearance in court
faithfulness of the reproduction marked, or
their genuineness and due execution RULE 18
After the last responsive pleading has
Remedy of plaintiff: appeal order of dismissal (appealable as it been served and filed, the branch clerk of
has an effect of adjudication of the merits, not interlocutory) ISSUANCE OF court shall issue, within 5 calendar days
NOTICE OF from filing, a notice of pre-trial which shall
(if without prejudice as provided by the court – certiorari) PRE-TRIAL be set not later than 60 calendar days
from the filing of the last responsive
- Defendant → Plaintiff shall be allowed to present pleading
evidence ex parte within 10 calendar days from The parties shall file with the court and
termination of pre-trial and the court shall render serve on the adverse party, in such
judgement on the basis thereof PRE-TRIAL manner as shall ensure their receipt
BRIEF thereof at least 3 calendar days before
Ø NOTE: The order of the court allowing the plaintiff to the date of the pre-trial, their respective
present evidence ex parte does not dispose of the case pre-trial briefs
with finality. The order is interlocutory and not PRE-TRIAL Upon termination of the pre-trial, the court
appealable. ORDER shall issue an order within 10 calendar
days which shall recite in detail the
Ø REMEDY OF DEFENDANT: 1) file an MR of the order matters taken up.
and/or 2) file a petition for certiorari under Rule 65, if REFFERAL CAM (30 days)
the denial is with grave abuse of discretion
à JDR (15 days)
DEFAULT UNDER RULE 9 VS RULE 18
à TRIAL
Declaration of Defendant Declaration of Defendant
in Default under Rule 9 in Default under Rule 18 PRE-TRIAL BRIEF
Occurs when defendant fails Occurs when defendant and
to file his answer to the counsel fails to appear at the Section 6. Pre-trial brief - The parties shall file with the court
complaint within the period pre-trial and serve on the adverse party, in such manner as shall ensure
allowed for the filing thereof their receipt thereof at least 3 calendar days before the date
No answer has been filed by An answer has already been of the pre-trial, their respective pre-trial briefs which shall
defendant filed by the defendant contain, among others:
The court MAY OR MAY The court SHALL allow (a) A concise statement of the case and the reliefs prayed
NOT require the plaintiff to plaintiff to present evidence for;
present evidence ex parte ex parte within 10 calendar (b) A summary of admitted facts and proposed stipulation of
days from termination of facts;
pretrial (c) The main factual and legal issues to be tried or resolved;
Award is limited only to that Award may exceed that (d) The propriety of referral of factual issues to
prayed for in the complaint prayed for in the complaint commissioners;
S5 R10 on amendment of S5 R10 may be applied to (e) The documents or other object evidence to be marked,
pleadings to conform to amend the complaint to stating the purpose thereof;
evidence presented during conform to the evidence (f) The names of the witnesses, and the summary of their
trial may not be applied as presented during the ex- respective testimonies; and
matters covered by the ex parte hearing as the plaintiff (g) A brief statement of points of law and citation of
parte hearing is limited only may present evidence to authorities.
to the allegations in the prove matters not alleged or
complaint prayed for in the complaint Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial.
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Ø Shall include manifestation of having availed of or the The direct testimony of witnesses for the plaintiff shall be in the
intention to avail of discovery procedures form of judicial affidavits. After the identification of such
affidavits, cross-examination shall proceed immediately.
EVIDENCE
GR: No evidence shall be allowed to be presented and offered Postponement of presentation of the parties’ witnesses at a
during the trial in support of a party’s evidence-in-chief other scheduled date is prohibited, except if it is based on acts of God,
than those that had been earlier identified and pre marked force majeure or duly substantiated physical inability of the
during the pre-trial witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence
XPN: must still be terminated within the remaining dates previously
• if allowed by the court for good cause shown (trial court agreed upon.
retains its discretion to allow any evidence to be
presented at trial even if not previously marked during Should the opposing party fail to appear without valid cause
pre-trial) stated in the next preceding paragraph, the presentation of the
scheduled witness will proceed with the absent party being
• RESERVATION OF EVIDENCE NOT AVAILABLE deemed to have waived the right to interpose objection and
DURING PRE-TRIAL, ONLY in the following manner conduct cross-examination.
during pre-trial:
1) Testimonial evidence → by giving the name or The contents of the pre-trial order shall control the subsequent
position and the nature of the testimony of the proceedings, unless modified before trial to prevent manifest
proposed witness injustice.
2) Documentary and other object evidence → by
giving a particular description of the evidence CONTENTS OF THE ORDER:
• The matters taken up in the conference
REPRESENTATIONS • action taken thereon
The parties are bound by the representations and statements in • amendments allowed to the pleadings; and
their respective pre-trial briefs (A.M. No. 03-1-09-SC). Such • agreements or admissions made by the parties as to
representations and statements are in the nature of judicial any of the matters considered which are binding upon
admissions. the parties and conclusive upon them

PRE-TRIAL ORDER Implied issues are deemed included in the pre-trial order
- controls the subsequent proceedings, unless modified a pre-trial order is not intended to be a detailed catalogue of
before trial to prevent manifest injustice each and every issue that is to be taken during the trial, for it is
- defines and limits the issues to be tried unavoidable that there are issues that are impliedly included
among those listed or that may be inferable from those listed by
Section 7. Pre-Trial Order. - Upon termination of the pre-trial. necessary implication which are as much integral parts of the
the court shall issue an order within 10 calendar days which pre-trial order as those expressly listed
shall recite in detail the matters taken up. The order shall
include: GR: Postponement of presentation of the parties witnesses at a
scheduled date is prohibited.
(a) An enumeration of the admitted facts; XPN: If it is based on acts of God, force majeure or duly
substantiated physical inability of the witness to appear and
(b) The minutes of the pre-trial conference; testify.

(c) The legal and factual issue/s to be tried; Failure of opposing party to appear at trial without valid
causes: presentation of the scheduled witness will proceed with
(d) The applicable law, rules, and jurisprudence; the absent party being deemed to have waived the right to
interpose objection and conduct cross-examination.
(e) The evidence marked;
The contents of the pre-trial order shall control the
(f) The specific trial dates for continuous trial, which shall be subsequent course of action, unless:
within the period provided by the Rules; • Modified before trial to prevent manifest injustice;
• Issues that are impliedly included among those listed
(g) The case flowchart to be determined by the court which shall or that may be inferable from those listed by necessary
contain the different stages of the proceedings up to the implication which are as much integral parts of the pre-
promulgation of the decision and the use of time frames for each trial order as those expressly listed; and
stage in setting the trial dates; • Sec. 5, Rule 10 of the ROC which allows the trial of
issues not raised in the pleadings but not objected to
(h) A statement that the one-day examination of witness rule and or tried with the express or implied consent of the
most important witness rule under A.M. No. 03-1-09-SC parties and permits an amendment of the pleadings to
(Guidelines for Pre-Trial) shall be strictly followed; and conform to the evidence.
XPN: When it appears from the pleadings or evidence on record
(i) A statement that the court shall render judgment on the that the court has no jurisdiction over the subject matter, that
pleadings or summary judgment as the case may be. there is another action pending between the same parties for the
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same cause, or that the action is barred by a prior judgement or MARKING OF The documentary evidence of the prosecution
by statute of limitations, the court shall dismiss the claim. EVIDENCE (f, iii) and the accused shall be marked.

Section 8. Court-annexed mediation. - After pre-trial and, after PRE-TRIAL The PTO shall immediately be served upon the
ORDER (f, iv) parties and counsel on the sane day after the
issues are joined, the court shall refer the parties for mandatory
termination of the pre-trial.
court-annexed mediation. ITEM NO. 9. MEDIATION
(a) The ff. cases i. Crimes where payment may prevent
The period for court-annexed mediation shall not exceed 30 shall be referred to criminal prosecution or may extinguish
calendar days without further extension. mediation on the criminal liability, such as violations of:
civil liability unless Ø BP 22
Section 9. Judicial dispute resolution. - Only if the judge of a settlement is Ø SSS LAW
the court to which the case was originally raffled is convinced reached earlier in Ø PAGIBIG LAW
that settlement is still possible, the case may be referred to the PT/ preliminary
conference: ii. Crimes against property where the
another court for judicial dispute resolution. The judicial dispute
obligation may be civil in nature, such as:
resolution shall be conducted within a non-extendible period of 1. Theft
15 calendar days from notice of failure of the court-annexed 2. Estafa
mediation. 3. Other forms of Swindling
4. Swindling of a minor
If judicial dispute resolution fails, trial before the original court 5. Other deceits
shall proceed on the dates agreed upon. 6. Malicious mischief

iii. Crimes against honor where the liability may

All proceedings during the court-annexed mediation and the
be civil in nature:
judicial dispute resolution shall be confidential.
1. Libel by means of writing or similar means
Section 10. Judgment after pre-trial. - Should there be no 2. Threatening to publish and offer to present
more controverted facts, or no more genuine issue as to any such publication
material fact or an absence of any issue, or should the answer 3. Prohibited publication of acts referred to in
fail to tender an issue, the court shall without prejudice to a party the course of official proceeding
moving for judgment on the pleadings under Rule 34 or 4. Grave slander
5. Simple slander by deed
summary judgment under Rule 35, motu proprio include in the
6. Grave slander by deed
pre-trial order that the case be submitted for summary judgment 7. Incriminating innocent person
or judgment on the pleadings, without need of position papers 8. Intriguing against honor
or memoranda. In such cases, judgment shall be rendered OTHERS:
within 90 calendar days from termination of the pre-trial. 1. Libel under Cybercrime Law where liability
may be civil in nature
The order of the court to submit the case for judgment pursuant 2. Criminal negligence where liability may be
to this Rule shall not be the subject to appeal or certiorari. civil in nature
3. Intellectual property rights where liability
may be civil in nature
The order to submit the case for judgment is different from the 4. Under the revised katarungang
judgment itself. The judgment itself is appealable, whereas the pambarangay law – all criminal cases filed w/
order to submit the case for judgment is not, it being a certificate to file action issued by Punong
interlocutory. Although the order of to submit the case for Brgy or Pangkat ng Takapagkasundo
judgement is interlocutory, it cannot be assailed by certiorari 5. The civil aspect of less grave felonies
because of the express prohibition under Section 10, Rule 18. punishable by correctional penalties not
exceeding 6 years imprisonment
(b) WHEN The referral of the case for mediation to the
A.M. No. 15-06-10-SC
Philippine Mediation Center (PMC) Unit shall
Revised Guidelines for Continuous Trial of Criminal Cases be made only after the conduct of the
arraignment and the pre-trial/preliminary
A.M. 15-06-10, III, ITEM no. 8 – ARRAIGNMENT & PT conference. The court shall serve the Order of
PERIOD Once the court has acquired jurisdiction over Referral to the PMC immediately after.
(a) the person of the accused, the arraignment (b) DURATION The mediation shall be terminated within a
and the pre-trial shall be set within 10 calendar non-extendible period of 30 calendar days
days from date of the court's receipt of the from the date of referral by the court to the
case for a detained accused PMC Unit. After the lapse of the mediation
within 30 calendar days from the date the period or if mediation fails, trial shall proceed.
court acquires jurisdiction over a non- (b) EXCLUSION: 1. Cases not mentioned above,
detained accused, unless a shorter period is not to be referred 2. Cases subject to the Rule on Summary
provided. Procedure
ABSENCE OF The court shall proceed with the pre-trial 3. All cases under VAWC unless parties
PARTIES (f, i) despite the absence of the accused and/or agree to submit to mediation
private complainant, provided they were duly
notified of the same, and the counsel for the
A.M. No. 19-10-20-SC
accused, as well as the public prosecutor, are
present. 2020 Guidelines for the Conduct of JDR and CAM in Civil
STIPULATIONS Proposals for stipulations shall be done with Cases
(f, ii) the active participation of the court itself and
shall not be left alone to the counsels. COVERAGE
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(a)All ordinary civil cases, including mediatable (2) The validity of a marriage or a
permissive or compulsory counterclaim or cross-claim legal separation;
as pleaded in the answer, complaint-in-intervention, (3) Any ground for legal separation;
and third (fourth, etc.)-party complaint, except those (4) Future support;
which cannot be the subject of a compromise under (5) The jurisdiction of courts; and
Article 2035 of the New Civil Code; (6) Future legitime.
(b) All special civil actions, except under Rules 63, 64, 65, (i) habeas corpus petitions;
66, and 71 of the Rules of Court; (j) special proceedings cases for probate of a
(c) Special proceedings cases for settlement of estate will; and
where the dispute involves claims against the estate, (k) cases with pending applications for
or the distribution or partition of estate in intestate restraining orders or preliminary injunctions.
proceedings; However, in cases covered under paragraphs (a) and (d) where
(d) All those cases involving issues under the Family the parties inform the court that they have agreed to undergo
Code and other laws, in relation to support, custody, mediation on some aspects thereof, e.g., custody of minor
visitation, property relations, guardianship of minor children, separation of property, or support pendente lite, the
children, and other issues which can be the subject of court shall refer them to mediation.
a compromise agreement;
(e) Intellectual property cases; A.M. 19-10-20-SC SUMMARY:
(f) Commercial or intra-corporate controversies;
(g) Environmental cases, subject to the provisions in PRE-TRIAL / PRELIMINARY CONFERENCE
Section 3, Rule 3 of the Rules of Procedure for After the last responsive pleading has been
Environmental Cases served and filed, the clerk of court shall issue,
(h) Civil cases covered by the Rule on Summary within 5 calendar days from filing:
• a notice of pre-trial which shall be set
Procedure.
not later than 60 calendar days from the
THE FOLLOWING CASES MAY BE REFERRED TO JDR: filing of the last responsive pleading, or
(a) The cases enumerated in Section 1, except NOTICE OF PRE-
• a notice of preliminary conference for
environmental cases, may be referred to JDR upon TRIAL /
cases covered by the Rule on Summary
failure of settlement or refusal to mediate in CAM only PRELIMINARY
Procedure setting the same not later
CONFERENCE
if the judge of the court to which the case was than 30 calendar days from the filing of
originally filed is convinced that settlement is still the last responsive pleading
possible Furnish copies to PMCU to ensure availability
of mediators for CAM, and to Office of the Clerk
of Court to raffle case to a prospective JDR
(b) The following cases, brought on appeal from the
Judge
exclusive and original jurisdiction granted to the first- After pretrial/preliminary conference and the
level courts, may be referred to JDR in areas declared issues have been joined, the court shall issue
as JDR sites, if the RTC Judge is convinced that the Pre-Trial/Preliminary Conference Order
settlement is still possible: PRE-TRIAL
referring the parties to mandatory CAM unless
ORDER /
the case is submitted for Judgment on the
REFERRAL TO
1. all civil cases and settlement of estate, testate and pleadings or summary judgment
CAM
intestate; The Order shall direct the parties to
immediately proceed and personally appear at
the PMCU for mediation proceedings.
2. all cases of forcible entry and unlawful detainer;
COURT-ANNEXED MEDIATION
Upon receipt of the Notice, the PMCU staff
3. all civil cases involving title to, or possession of, shall immediately record in the logbook the
real property or an interest therein; and RECEIPT OF
scheduled date for CAM and ensure the
NOTICE
availability of accredited mediators should the
4. habeas corpus cases decided by the first level case be eventually referred for CAM
court in the absence of any Regional Trial Court On the date set for CAM, the parties and their
Judge. counsels shall appear at the PMCU for
PERMISSIVE REFERRAL TO CAM AND JDR IN OTHER mediation proceedings. The PMCU staff shall
ACTIONS require the parties to present proof that the
mediation fees have been paid.
In all other actions or proceedings where compromise is not SELECTION/ASSIGNMENT OF MEDIATOR:
prohibited by law and there is a significant likelihood of INITIAL
parties shall mutually select a mediator among
settlement, either or both of the parties may, by oral APPEARANCE
the roster; if unable to select, the PMCU staff
manifestation or written motion after the pre- shall, in the presence of the parties, choose the
trial/preliminary conference, or at any stage of the mediator by lot from among the mediators
proceedings, request the court to refer their dispute to CAM present at the unit. If there are no mediators
and JDR, provided there are still factual issues to be available in the unit, the mediator shall be
resolved. chosen by lot from the roster.
the mediator shall immediately start the
mediation process unless the parties and the
CASES NOT SUBJECT TO COMPROMISE: INITIAL mediator agree to reset the initial mediation
(h) civil cases which cannot be the subject of a MEDIATION conference, or when the selected mediator is
compromise, to wit: CONFERENCE not present in the PMCU, which shall not be
(1) The civil status of persons; later than 5 calendar days from the original
date
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mediator shall explain to both parties the the filing of an appellee’s brief), RTC Judge
mediation process, stating the benefits of an shall determine if settlement is still possible
early settlement of their dispute based on their
mutual interests, instead of the legal positions If yes and with the written conformity of the
Separate Caucus / Joint Conference: With the parties through an Agreement to Mediate, the
consent of both parties, the mediator may hold RTC Judge shall issue an Order setting the
separate caucuses with each party to case for JDRA, requiring the parties to attend
determine their respective real interests in the
dispute. A joint conference may be held to If not possible, he/she shall proceed to render
CAM consider various options that may resolve the judgment on appeal
PROCEEDINGS dispute through reciprocal concessions and on DURATION: 15 calendar days from the date
terms that are mutually beneficial to both the when the parties first appeared for the initial
parties. conference as stated in the order (extended
DURATION: 30 calendar days from the date of period of 15 calendar days may be granted by
the order referring the case to CAM without the court upon joint written motion by both
further extension JDRA parties on the ground that settlement is likely
Draft compromise agreement PROCEEDINGS to be concluded)
PMCU shall submit to the referring Judge a RTC Judge shall exert all efforts to resolve the
Mediator’s Report on the result of the dispute through JDRA but shall not conduct
mediation proceedings, together with a copy of neutral evaluation. Any settlement shall be in
the compromise agreement and its writing, signed by the parties and approved by
attachments, after the signing of the the RTC Judge
agreement SETTLEMENT draft compromise agreement which shall be
submitted to the RTC Judge for judgment; or
SUCCESSFUL Upon receipt of the Report, the Judge shall satisfaction of claims or mutual withdrawal, on
SETTLEMENT evaluate the Compromise Agreement and opt the basis of which, the Judge will issue an
to: order declaring the case terminated
• APPROVE AND RENDER
JUDGMENT if partially unsettled, court will render a
• DISAPPROVE or refer the case for decision as to the unsettled portion within the
JDR prescribed period
• CLARIFY THE INTENT OF NON-SETTLE- RTC Judge shall issue an order declaring a
PARTIES AND DIRECT THEM TO MENT failure of JDR and render a decision within the
AMEND IT or refer the case to JDR prescribed period
NON-SETTLE- Submit report to referring judge
MENT
JUDICIAL DISPUTE RESOLUTION OTHER PROVISIONS:
Upon receipt of the Report stating that no
settlement was reached in CAM, the referring DATES SET:
RECEIPT OF (a) Pre-Trial/Preliminary Conference
judge shall determine, in the hearing set for
MEDIATOR’S (b) Court-Annexed Mediation, and
such purpose, if settlement is still possible and
REPORT / (c) Judicial Dispute Resolution, if necessary
refer the case to the JDR Judge if thus
REFERRAL TO
convinced. In case of partial settlement, the
JDR JUDGE Ø JDR proceedings may be conducted on the day/s civil cases are
Judge shall refer the unsettled part to the JDR
heard.
Judge.
DURATION: JDR Judge shall conduct Ø For purposes of pre-setting, 2 dates shall be allotted for JDR.
proceedings within a non-extendible period of
15 calendar days from receipt of the said Ø The PMC Unit (PMCU) shall be furnished with the Notice to ensure
referral order or from joint written manifestation the availability of accredited mediators on the scheduled date for
JDR
of parties for the judge to conduct JDR CAM.
PROCEEDINGS
If the parties fail to settle during the first JDR
session, the JDR Judge shall set the case for Ø The court shall also furnish the Office of the Clerk of Court with a
another JDR session, provided that the 15- copy of the Notice for the purpose of raffling the case to a
calendar day period has not lapsed prospective JDR Judge should CAM fail and the Judge is
SETTLEMENT draft compromise agreement which shall be convinced that settlement is still possible.
submitted to the Judge for judgment and
o In multi-sala courts, upon receipt of the Notice, the
enforceable by execution; or satisfaction of
Clerk of Court shall immediately include the case for
claims or mutual withdrawal, on the basis of
raffle to another Judge.
which, the Judge will issue an order declaring
the case terminated After the raffle, the Clerk of Court shall inform both the Judge and the
prospective JDR Judge of the outcome of such raffle.
if partially unsettled, unsettled part will proceed
to TRIAL UNTIL JUDGMENT o In single sala courts, the Clerk of Court shall furnish the
NON-SETTLE- JDR Judge shall accomplish the JDR Report nearest court with the Notice stating the scheduled
MENT and return the case to the Judge for date for JDR.
appropriate action – TRIAL UNTIL
JUDGMENT CONDUCT OF PRE-TRIAL/PRELIMINARY CONFERENCE
In addition to the Rules, it shall be the duty of the Judge during Pre-
Trial/Preliminary Conference to:
JUDICIAL DISPUTE RESOLUTION ON APPEAL (a) Orient the parties and counsels on the CAM process and inform
ISSUANCE OF Within 15 calendar days from receipt of the them that appearance in the mediation proceedings before the
ORDER memorandum on appeal (without prejudice to PMCU is mandatory and the parties are expected to negotiate in
good faith and exert earnest efforts towards settlement but that
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the decision whether or not to settle their dispute is completely same to the parties and inhibit himself/herself unless the parties decide in
voluntary and that no sanctions shall be imposed upon a party writing to retain him/her, and he/she so agrees.
who declines to settle during mediation
Should either party object to the mediator’s assignment on the ground of
(b) Inform the parties that mediation shall be conducted by the PMCU relationship, or fiduciary or pecuniary interest or any similar ground, the
under the auspices of the court, and that failure to appear or any mediator shall decline to accept the appointment and the parties shall be
misconduct or misbehavior committed by any of the parties during allowed to select another mediator in accordance with the same procedure
the mediation proceedings, may be punished by contempt of by which the original mediator was selected. The mediator’s acceptance of a
court or cause the imposition of sanctions as provided in Section request for him/her to withdraw shall not imply the truth or validity of the
5, Rule 18 or in Section 7 of the Rule on Summary Procedure, or reason for which his/her recusal had been sought.
under these Guidelines
CONDUCT OF MEDIATION:
(c) Inform the parties that, should there be no settlement during • Upon selection or assignment, the mediator shall immediately start
CAM, the case may be referred to another court for the conduct the mediation process unless the parties and the mediator agree to
of JDR if the Judge is convinced that settlement is still possible; reset the initial mediation conference, which shall not be later than 5
and calendar days from the original date. The initial mediation
conference may, likewise, be reset when the selected mediator is
(d) Inform the parties that the JDR Judge may conduct a non-binding not present in the PMCU.
early neutral evaluation on the merits of their respective cases.
• At the initial conference, the mediator shall explain to both parties
At any time before the scheduled date for JDR, the parties shall have the the mediation process, stating the benefits of an early settlement of
option to file a joint written manifestation requesting the Judge to conduct their dispute based on their mutual interests, instead of the legal
JDR and not refer the case to another Judge for such purpose, and to positions.
proceed to trial if JDR fails.
• With the consent of both parties, the mediator may hold separate
PRE-TRIAL ORDER AND REFERRAL TO CAM caucuses with each party to determine their respective real interests
After pretrial/preliminary conference and the issues have been joined, the in the dispute.
court shall issue the Pre-Trial/ Preliminary Conference Order referring the
parties to mandatory Court-Annexed Mediation unless the case is submitted • A joint conference may be held to consider various options that may
for Judgment on the pleadings or summary judgment, motu proprio or upon resolve the dispute through reciprocal concessions and on terms
motion, should there be no more controverted facts, or no more genuine issue that are mutually beneficial to both the parties.
as to any material fact, or an absence of any issue, or should the answer fail
to tender an issue. DURATION OF CAM PROCEEDINGS: 30 calendar days from the date of
the order referring the case to CAM without further extension
The court may also render a separate judgment disposing of a claim after the
pre-trial/preliminary conference or at any stage, when more than one claim Suspension of Periods: The period during which the case is undergoing
for relief is presented in an action and there is already a determination of the CAM shall be excluded from the mandatory period for trial and rendition of
issues material to that particular claim and all counterclaims arising out of the judgment
transaction or occurrence which is the subject matter of the claim.
Successful Settlement in CAM: If settlement is reached, the parties shall
The Pre-Trial/Preliminary Conference Order shall direct the parties to draft the compromise agreement with the assistance of their respective
immediately proceed and personally appear at the PMCU for mediation counsels. The mediator shall make available samples/templates of
proceedings. The court shall furnish the PMCU with a copy of the Order to agreements to assist the parties in preparing their agreement. The PMCU
aid the mediators in the conduct of shall submit to the referring Judge a Mediator’s Report on the result of the
mediation. The mediators shall ensure the confidentiality of documents made mediation proceedings, together with a copy of the compromise agreement
available to them by the court. and its attachments, if any, within the period provided for in Section 12, Part
B of this Chapter.
The court shall also furnish the Office of the Clerk of Court and the
prospective JOR Judge with a copy. Upon receipt of the Mediator’s Report, the Judge shall evaluate the
Compromise Agreement attached thereto, if any.
CAM IN PRE-TRIAL/PRELIMINARY CONFERENCE
OPTIONS OF JUDGE AFTER EVALUATION OF COMPROMISE
Receipt of Notice: Upon receipt of the Notice, the PMCU staff shall AGREEMENT:
immediately record in the logbook the scheduled date for CAM and ensure
the availability of accredited mediators should the case be eventually referred
§ approve the agreement and render judgment based thereon;
for CAM § disapprove the agreement for being contrary to law, morals,
good customs, public order, or public policy, or upon a finding,
Initial Appearance of Parties and Counsels: On the date set for CAM, the based on a verified motion by any party, and after hearing, that
parties and their counsels shall appear at the PMCU for mediation the mediation proceeding, or the preparation of the settlement
proceedings. The PMCU staff shall require the parties to present proof that agreement had been attended by fraud, mistake, violence or
the mediation fees have been paid. intimidation; or
§ clarify the intentions of the parties if the court determines that
Selection of Mediator: During the initial appearance, the PMCU staff shall the agreement or any portion thereof is vague, defective, or
assist them in selecting a mutually acceptable mediator from among the unenforceable, and direct them to amend the same accordingly.
roster of mediators in the PMCU. Copies of the resumes shall be made
available. In the situation described in paragraphs (b) and (c) above, the court may, in
lieu of disapproval or amendment of the agreement, determine whether to
Assignment of Mediator: If the parties are unable to jointly select a common refer the case to JDR or proceed to trial.
mediator, the PMCU staff shall, in the presence of the parties, choose the
mediator by lot from among the mediators present at the unit. If there are no NON-SETTLEMENT IN CAM: the PMCU staff shall, within the period
mediators available in the unit, the mediator shall be chosen by lot from the provided for under the succeeding section, submit a Mediator’s Report to the
roster of mediators. court specifying the result of the mediation.

Role of Mediator: The mediator shall be considered an officer of the court FAILURE IN CAM:
while performing his/her duties as such or in connection therewith (a) When the parties mediate in good faith but no agreement was
reached by them despite the efforts exerted by the assigned
Disclosure and Inhibition: If, at any time, the mediator discovers any fact mediator; or
or circumstance that may affect his/her impartiality, he/she shall disclose the
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(b) When either one or both parties fail to appear after they have started extendible period of 15 calendar days from receipt of the said referral
to negotiate in a previous mediation conference wherein the order.
mediator exerted efforts to assist the parties in settling their dispute. If the parties fail to settle during the first JDR session, the JDR Judge shall
set the case for another JDR session, provided that the 15-calendar day
MEDIATOR’S REPORT (to the referring judge): period has not lapsed.
• settlement, -- after the signing of the compromise agreement; If the parties file a joint written manifestation for the Judge to conduct JDR,
he/she shall immediately do so either from receipt of the notice of failure of
• parties refused to mediate – date of refusal CAM or the said joint manifestation, which process shall not exceed a period
• refusal to settle prior to the end of the mediation period – after the of 15 calendar days from receipt of such notice or manifestation.
parties indicate their desire to terminate the mediation
proceedings; or In all instances, the case record shall remain with the Judge but in multi-sala
• parties fail to settle within the mediation period – after the lapse of courts, only the referral order, including a copy of the Complaint, Answer,
the mediation period. Pre-Trial Order, and the Mediator’s Report, shall be forwarded to the JDR
Judge.
REFUSAL TO MEDIATE (when one or both parties):
WHO MAY CONDUCT: only those judges who have undergone skills-based
§ fail to appear in at least two successive mediation sessions; training in JDR procedures and stationed in areas declared as JDR sites
§ refuse or fail to pay mediation fees; or,
§ refuse to participate in the mediation proceedings. HOW CONDUCTED:
Ø If the parties do not settle their dispute during CAM, the parties
JUDGMENTS IN CAM: Judgments approving the compromise agreements and their respective counsels shall appear on the scheduled date
shall contain a statement that the same were rendered through CAM in order before the JDR Judge, who shall then conduct the JDR process
to distinguish them from Judgments based on compromise agreements as mediator, conciliator, and/or neutral evaluator to actively assist
entered into during JDR. Copies of said Judgments shall be submitted to the and facilitate negotiations among the parties for them to settle their
PMCU for documentation purposes. dispute
Ø JDR Judge facilitates the settlement discussions between the
JDR IN PRE-TRIAL/PRELIMINARY CONFERENCE parties and tries to reconcile their differences, assesses the
relative strengths and weaknesses of each party's case and
Mediator’s Report: Upon receipt of the Mediator’s Report stating that no makes a non-binding and impartial evaluation of the chances of
settlement was reached in CAM, the referring judge shall determine, in the each party's success in the case so that he/she may guide the
hearing set for such purpose, if settlement is still possible and refer the case parties to a fair and mutually acceptable settlement of their dispute
to the JDR Judge if he/she is thus convinced.
Non-suspension of period: period during which the case is undergoing JDR
In case of partial settlement, the Judge shall refer the unsettled part of the shall not be excluded from the regular and mandatory periods for trial and
dispute to the JDR Judge, if convinced that settlement is still possible. rendition of judgment in ordinary cases and in cases covered by the Rule on
Summary Procedure.
HOW REFERRED
SETTLEMENT IN JDR: If the case is settled in JDR, the JDR Judge shall
• multiple sala courts – the Judge shall refer the case to the JDR
accomplish the JDR Report and return the case to the Judge for appropriate
Judge previously determined through raffle; at any time before the
action.
scheduled date for JDR, the parties may file a joint written
manifestation requesting the Judge to proceed with the conduct of • If full settlement is reached – parties shall draft the compromise
JDR despite confidential information that may be divulged during agreement, which shall be submitted to the Judge for judgment,
the JDR proceedings subject to the condition that if JDR does not enforceable by execution
succeed, the Judge shall continue with the case • Where full compliance is made, the parties, instead of submitting
a compromise agreement, shall submit a satisfaction of claims
• first-level single sala courts – JDR proceedings shall be or a mutual withdrawal of the parties’ respective claims and
conducted by the judge of the nearest first level court as counterclaims on the basis of which, the Judge shall issue an
determined by the concerned Executive Judge. However, if the order declaring the case terminated
nearest court is a second-level court with multiple branches, the
case may be referred to the said court. • partial settlement is reached – parties shall submit the terms
thereof for the approval of the Judge and rendition of a judgment
• single sala RTC courts – JDR proceedings shall be conducted by upon partial compromise, which may be enforced by execution
the judge of the nearest court as determined by the concerned without waiting for resolution of the unsettled part. In relation to
Executive Judge, regardless of the level the unsettled part of the dispute, the case shall proceed to trial
until judgment.
The JDR proceedings shall be conducted at the station where the case was
originally filed. Ø JDR Judge shall be entitled to a credit for every successfully
settled case in JDR, hence, shall be exempt from receiving a
Notwithstanding the foregoing, at any time before the scheduled date for newly-filed case during raffle equivalent to the number of cases
JDR, the parties may file a joint written manifestation requesting the Judge to settled during JDR, regardless of any action which the Judge to
proceed with the conduct of JDR despite confidential information that may be whom the case was originally filed may take on the settlement
divulged during the JDR proceedings subject to the condition that if JDR does reached by the parties before the JDR Judge
not succeed, the Judge shall continue with the case.
NON-SETTLEMENT IN JDR: If not settled in JDR, the JDR Judge shall
accomplish the JDR Report and return the case to the Judge for appropriate
• Family Courts and Special Commercial Courts
action
(1) Where the principal case is filed in a multi-sala court of
which only one branch has been designated as a
Judgments in JDR: Judgments approving the compromise agreements of
Family Court or Special Commercial Court, the JDR
the parties, through the efforts of the judge as a mediator, conciliator, or
proceedings shall be conducted by the JDR Judge
previously determined through raffle neutral evaluator, shall contain a statement that the Judgment was achieved
(2) 2 or more Family Courts or Special Commercial Courts through JDR in order to distinguish it from Judgments approving compromise
– the case shall be referred for JDR to the Judge agreements secured through CAM.
previously determined through raffle
Ø environmental cases – no JDR shall be conducted. The conduct
DURATION: JDR Judge shall conduct the JDR proceedings immediately of mediation proceeding shall be governed by Rules of Procedure
upon receipt of the referral order and terminate the proceedings within a non- for Environmental Cases
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Ø small claims cases – Section 23 of the Revised Rules of functions:

Procedure for Small Claims Cases shall apply. a. Notify the party he/she represents of the schedule of CAM and JDR
and ensure their appearance
COMMON PROVISIONS TO CAM AND JDR
b. Explain the mediation process to their clients, help them understand
Appearance of individual parties: parties and their counsels shall personally its benefits, and encourage them to assume greater personal
appear before the mediator or the JDR Judge on the duly-designated date responsibility in making decisions to resolve the dispute.
for CAM or JDR. An individual party may be represented only for a valid
cause, such as acts of God, force majeure, or duly substantiated physical c. discuss with their clients the following:
inability. The representative shall be fully authorized, through a SPA, to i. The substantive issues involved in the dispute;
appear and to offer, negotiate, accept, decide, and enter into a compromise ii. Prioritization of resolution in terms of importance;
agreement, without need of further approval by or notification to the iii. Understanding the position of the other side and the underlying
authorizing parties. fears, concerns, and needs underneath that position;
iv. Need for more information or facts to be gathered or exchanged
Appearance of corporations, partnerships, or other juridical entities: must be with the other part for informed decision-making;
fully authorized by a Board Resolution or Secretary’s Certificate to offer, v. Possible bargaining options, but stressing the need to be
negotiate, accept, decide, and enter into a compromise agreement, without openminded about other possibilities; and
need of further approval by or notification to the authorizing party. vi. The best, worst, and most likely alternatives to a negotiated
agreement.
Failure to bring required authorization or refusal to exercise the same or claim d. Assist in preparing a compromise agreement that is not contrary to law,
that further approval of principal is required: Mediator may reset the morals, good customs, public order, or public policy, emphasizing
proceedings within the 30-calendar day period. Failure during JDR – principal voluntary compliance and consequences of breach thereof.
shall be deemed absent and the JDR proceedings shall be terminated. The e. Whenever applicable, assist in the preparation of a manifestation of
JDR Judge shall transmit the JDR Report to the referring Judge indicating satisfaction of claims and mutual withdrawal of complaint and
the outcome of the JDR and any appropriate recommendation. counterclaim as the basis for the court to issue an order of dismissal.

Sanctions: the Judge, upon recommendation of the mediator or JDR Judge, JDR ON APPEAL
or upon motion or motu proprio, may impose sanctions upon any party who
fails to appear before the mediator or JDR Judge despite due notice; or any
person who engages in contemptuous conduct during mediation or JDR Ø FROM A CASE WHICH UNDERWENT TRIAL AND
proceedings, the following sanctions: WAS ADJUDGED BY THE FIRST-LEVEL COURTS,
§ dismissal of the case, when there is failure of the plaintiff and counsel ON APPEAL TO RTC
to appear without valid cause when so required; or
§ ex parte presentation of plaintiff's evidence and dismissal of COVERAGE: SAME, except if brought on appeal involving
defendant’s counterclaim when there is failure of the defendant and purely legal issues.
counsel to appear without valid cause when so required

other sanctions:
i. censure; Ø In cases with applications for the issuance of a
ii. reprimand; temporary restraining order, writ of preliminary
iii. contempt; or injunction, or other provisional remedies, including
iv. reimbursement by the absent party of the costs of the
appearing party, including attorney’s fees for that day up
cases when the Judge opts to conduct hearing on a
to treble such costs, payable on or before the date of the prayer for the issuance of writ of replevin or writ of
re-scheduled setting. attachment, such applications shall first be resolved by
the Judge before referral to CAM
Upon motion of the sanctioned party, the trial court, in the exercise of its
sound discretion, may lift, set aside, or modify the sanctions imposed.
Ø All other incidents or motions filed before the Pre-
CONFIDENTIALITY Trial/Preliminary Conference shall, likewise, be
Any and all matters discussed, or communications made, including requests resolved by the Judge before referral to CAM. In these
for mediation, and documents presented during CAM or JDR proceedings, instances, if CAM fails, the case shall be referred to
shall be privileged and confidential. another Judge for JDR if the Judge is convinced that
The mediator or JDR Judge shall not, in any manner, record the proceedings.
settlement is still possible. After the termination of JDR
proceedings, the case shall be returned to the referring
No transcript or minutes of mediation proceedings shall be taken. If personal Judge for appropriate action.
notes are taken for guidance, the notes shall be destroyed. Should such
records exist, the same shall also be privileged and confidential.

All privileged and confidential information obtained in CAM or JDR shall be

inadmissible as evidence for any purpose in any other proceedings.

However, evidence or information that is otherwise admissible does not

become inadmissible solely by reason of its use in CAM or JDR.

Further, the JDR Judge shall not pass any information obtained in the course.
of conciliation and early neutral evaluation to any other Judge or to any other
person. This prohibition shall apply to all court personnel, or to any other
person present during such proceeding, or who obtained any information on
the case. All JDR conferences shall be conducted in private.

Role of Lawyers: Lawyers who attend mediation proceedings as advisers

and consultants to their clients, shall drop their combative role in the
adjudicative process and give up their dominant role in judicial trials. They
must accept a less directive role in order to allow the parties more
opportunities to craft their own agreement. They shall perform the following
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RULE 19 Ratio: Otherwise, if persons not parties to the action were

INTERVENTION allowed to intervene, proceedings would become unnecessarily
complicated, expensive, and interminable
INTERVENTION
Ø a remedy by which a third party, not originally impleaded in ex: stockholder cannot intervene in cases involving corporate
the proceedings, becomes a litigant therein to enable him, assets
her or it to protect or preserve a right or interest which may
be affected by such proceedings Section 2. Time to intervene. - The motion to intervene may be
Ø a proceeding in a suit or action by which a third person is filed at any time before rendition of judgment by the trial
permitted by the court to make himself a party, either joining court. A copy of the pleading-in-intervention shall be attached
the plaintiff in claiming what is sought by the complaint or to the motion and served on the original parties.
uniting with the defendant in resisting the claims of the
plaintiff or demanding something adverse to both of them. Section 3. Pleadings-in-intervention. - The intervenor shall file
Ø an act or proceeding by which a third person becomes a a complaint-in-intervention if he or she asserts a claim
party in a suit pending between others for the protection of against either or all of the original parties, or an answer-in-
some right of interest alleged by him to be affected by such intervention if he or she unites with the defending party in
proceedings resisting a claim against the latter.

DISCRETIONARY Section 4. Answer to complaint-in-intervention. - The answer

It is not a matter of right but may be permitted when the applicant to the complaint-in-intervention shall be filed within 15 calendar
shows facts which satisfy the requirements of the statute days from notice of the order admitting the same, unless a
authorizing intervention, allowance, or disallowance rests on the different period is fixed by the court.
sound discretion of the court after consideration of the
appropriate circumstances RULE 20
CALENDAR OF CASES
Considerations:
(a) whether or not the intervention will unduly delay or Section 1. Calendar of cases. - The clerk of court, under the
prejudice the adjudication of the rights of the original direct supervision of the judge, shall keep a calendar of cases
parties; and for pre-trial, for trial, those whose trials were adjourned or
(b) whether or not the intervenor’s rights may be fully postponed, and those with motions to set for hearing.
protected in a separate proceeding
Preference shall be given to habeas corpus cases, election
ANCILLARY cases, special civil actions, and those so required by law.
Ø never an independent proceeding but ancillary and
supplemental to an existing litigation and in Section 2. Assignment of cases. - The assignment of cases to
subordination to the main proceeding the different branches of a court shall be done exclusively by
Ø cannot alter the nature of the action and the issues raffle. The assignment shall be done in open session of which
already joined adequate notice shall be given so as to afford interested parties
Ø independent controversy cannot be injected into a suit the opportunity to be present.
by intervention; hence, it will not be allowed where it
would enlarge the issues in the action and expand the XPN TO ASSIGNMENT BY RAFFLE: Cases falling within the
scope of the remedies. Intervenor is not allowed to jurisdiction of the special commercial court or family court would
raise issues not within the mainstream of the original be assigned to these courts without need of raffle, unless two or
action more branches have been designated as special courts, in
which case it shall be raffled only among them, This is called a
Section 1. Who may intervene. - A person who has a legal limited raffle.
interest:
Ø in the matter in litigation, or
Ø in the success of either of the parties, or
Ø an interest against both, or
Ø is so situated as to be adversely affected by a
distribution or other disposition of property in the
custody of the court or of an officer thereof
may, with leave of court, be allowed to intervene in the action.
The court shall consider whether or not the intervention will
unduly delay or prejudice the adjudication of the rights of the
original parties, and whether or not the intervenor’s rights may
be fully protected in a separate proceeding.

LEGAL INTEREST
one that is actual, material, direct and of an immediate
character, not merely contingent or expectant, so that the
intervenor will either gain or lose by the direct legal operation of
the judgment.
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RULE 21 (3) person in whose behalf the subpoena is

SUBPOENA issued fails to advance the reasonable cost of
the production thereof
Section 1. Subpoena and subpoena duces tecum. - (4) witness fees and kilometrage allowed were
Subpoena is a process directed to a person requiring him or her not tendered
to attend and to testify at the hearing or the trial of an action, or • subpoena ad testificandum
at any investigation conducted by competent authority, or for the (1) witness is not bound thereby
taking of his or her deposition. (2) witness fees and kilometrage allowed were
not tendered
It may also require him to bring with him or her any book/s,
documents, or other things under his or her control, in which Section 5. Subpoena for depositions. - Proof of service of a
case it is called a subpoena duces tecum. notice to take a deposition, as provided in Sections 15 and 25
of Rule 23, shall constitute sufficient authorization for the
Section 2. By whom issued. - The subpoena may be issued issuance of subpoenas for the persons named in said notice
by - by the clerk of the court of the place in which the deposition is to
be taken. The clerk shall not, however, issue a subpoena duces
(a) The court before whom the witness is required to attend; tecum to any such person without an order of the court.

(b) The court of the place where the deposition is to be taken; Section 6. Service. - Service of a subpoena shall be made in
the same manner as personal or substituted service of
(c) The officer or body authorized by law to do so in connection summons. The original shall be exhibited, and a copy thereof
with investigations conducted by said officer or body; or delivered to the person on whom it is served. The service must
Ex: investigating prosecutor for purposes of preliminary be made so as to allow the witness a reasonable time for
investigation; Commissioner under Rule 32; NBI preparation and travel to the place of attendance.

(d) Any Justice of the SC or the CA in any case or investigation Costs for court attendance and the production of documents and
pending within the Philippines. other materials subject of the subpoena shall be tendered or
charged accordingly.
When application for a subpoena to a prisoner is made, the
judge or officer shall examine and study carefully such Service by registered mail / electronic means: NO
application to determine whether the same is made for a valid S14 R13 provides that a subpoena may be served by registered
purpose. mail or by electronic means if express permission is granted by
the court. It should however be read in conjunction with S6 R21.
No prisoner sentenced to death, reclusion perpetua or life
imprisonment and who is confined in any penal institution Since service by registered mail is qualified by the phrase “when
shall be brought outside the penal institution for appearance allowed" and since such is not allowed in the case of a subpoena
or attendance in any court unless authorized by the Supreme pursuant to R21, it can only be by personal service. In case of
Court. failure to personally serve a subpoena, service may be made by
emailing it to the defendant's email address, if allowed by the
Section 3. Form and contents. - A subpoena shall state the court, but this is really subsumed under substituted service
name of the court and the title of the action or investigation, shall under S6(e) R14.
be directed to the person whose attendance is required, and in
the case of a subpoena duces tecum, it shall also contain a Section 7. Personal appearance in court. - A person present
reasonable description of the books, documents or things in court before a judicial officer may be required to testify as if
demanded which must appear to the court prima facie relevant. he or she were in attendance upon a subpoena issued by such
court or officer.
Section 4. Quashing a subpoena. - The court may quash a
subpoena duces tecum upon motion promptly made and, in any BENCH WARRANT
event, at or before the time specified therein if it is Section 8. Compelling attendance. - In case of failure of a
unreasonable and oppressive, or the relevancy of the books, witness to attend, the court or judge issuing the subpoena, upon
documents or things does not appear, or if the person in whose proof of the service thereof and of the failure of the witness, may
behalf the subpoena is issued fails to advance the reasonable issue a warrant to the sheriff of the province, or his or her
cost of the production thereof. deputy, to arrest the witness and bring him or her before the
court or officer where his or her attendance is required, and the
The court may quash a subpoena ad testificandum on the cost of such warrant and seizure of such witness shall be paid
ground that the witness is not bound thereby. In either case, by the witness if the court issuing it shall determine that his or
the subpoena may be quashed on the ground that the witness her failure to answer the subpoena was willful and without just
fees and kilometrage allowed by these Rules were not tendered excuse.
when the subpoena was served.
Section 9. Contempt. - Failure by any person without adequate
GROUNDS TO QUASH: cause to obey a subpoena served upon him or her shall be
• subpoena duces tecum deemed a contempt of the court from which the subpoena is
(1) unreasonable and oppressive issued. If the subpoena was not issued by a court, the
(2) relevancy of the books, documents or things disobedience thereto shall be punished in accordance with the
does not appear applicable law or Rule.
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Ø (Indirect contempt)

VIATORY RIGHT
Section 10. Exceptions. - The provisions of Sections 8 and 9
shall not apply to a witness who resides more than 100km from
his or her residence to the place where he or she is to testify by
the ordinary course of travel, or to a detention prisoner if no
permission of the court in which his or her case is pending was
obtained.

Ø The remedy of the party is to take the deposition of the

witness.

Ø Viatory right not available in criminal cases

Ø it is submitted that the viatory right may not be invoked

against a subpoena duces tecum. S10 speaks of a
witness who resides more than 100km from his
residence to the place where he is to testify, evidently
referring to a subpoena ad testificandum. The first
paragraph of S4 R21 which provides for the grounds of
quashing a subpoena duces tecum does not mention
the viatory right unlike the 2nd paragraph which
provides for the grounds of quashing a subpoena ad
testificandurn.

RULE 22
COMPUTATION OF TIME

Section 1. How to compute time. - In computing any period of

time prescribed or allowed by these Rules, or by order of the
court, or by any applicable statute:
Ø the day of the act or event from which the designated
period of time begins to run is to be excluded and the
date of performance included
Ø If the last day of the period, as thus computed, falls on
a Saturday, a Sunday, or a legal holiday in the place
where the court sits, the time shall not run until the next
working day.

PRETERMISSION OF HOLIDAYS
Ø Not applicable to prescriptive periods set under the
Civil Code, the RPC, or other applicable statutes

Section 2. Effect of interruption. - Should an act be done

which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run on the
day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shall be excluded
in the computation of the period.
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MODULE 7: MODES OF DISCOVERY 6. Physical and mental examination of persons (Rule 28)

DISCOVERY: device employed by a party to obtain, from the Modes of discovery are CUMULATIVE as opposed to
adverse party, information about relevant matters on the case in alternative/mutually exclusive.
preparation for the trial
Discovery is NOT MANDATORY but failure to avail carries
Ø In the early days of litigation, a party would learn about sanctions in Rules 25 and 26.
the opponent’s evidence only during the trial proper.
Now, parties are allowed to have knowledge of relevant
facts in possession of the adverse party and to require DEPOSITIONS: written testimony of a witness given in the
the disclosure of evidence even prior to trial. course of a judicial proceeding, in advance of a trial or hearing
upon oral examination, or in response to written interrogatories
PURPOSE: and where an opportunity is given for cross-examination
Ø to permit mutual knowledge before trial of all relevant
facts gathered by both parties so that either party may Ø taking, out of court, of the testimony of any person,
compel the other to disgorge facts whatever he has in whether he be a party or not, but at the instance of a
his possession party to the action
Ø to serve as an additional device for settlement aside Ø does not make any distinction or restriction as
from a pre-trial, to narrow and clarify the basic issues to who can avail of a deposition as long as he/it
(disclosure of relevant facts in possession of the is a party to the case
adverse party may possibly encourage amicable Ø immaterial that the plaintiff availing of the
settlement of the case after a party realizes the deposition, as a mode of discovery, is a foreign
weakness of his position) corporation and all its witnesses are residing
Ø to enable the parties, consistent with recognized abroad
privileges, to obtain the fullest possible knowledge of
the issues and facts before civil trials and thus prevent DEPONENT: person whose testimony is to be taken
that said trials are carried on in the dark
DEPOSITION VIS-À-VIS AFFIDAVIT
INTENDED TO: Depositions are different from affidavits since the latter are ex
1. Enable a party to obtain knowledge of material facts parte statements without formal interrogation and opportunity for
within the knowledge of the adverse party or third cross-examination
parties through depositions
2. Obtain knowledge of material facts or admissions from KINDS:
the adverse party through written interrogations • Depositions on oral examination
3. Obtain admissions from the adverse party regarding • Depositions upon written interrogatories
the genuineness of relevant documents or matters of • Deposition in pending action (deposition de benne
fact through request for admissions esse) → Rule 23
4. Inspect relevant documents or objects and lands or • Deposition in future action or in a pending appeal
other property in the possession and control of the (deposition in perpetuam rei memoriam) → Rule 24
adverse party
5. Determine physical or mental condition of a party when DUAL FUNCTION:
such is in controversy 1. Method of discovery
o If used as a mode of discovery, there are no
DUTY OF THE COURT limitations other than relevancy and privilege
Ø aside from preparing the summons within one day from o Not necessary to show necessity or
the receipt of the complaint, the court is required to unavailability of deponent
issue an order requiring the parties to avail of 2. Method of presenting testimony in lieu of oral open
interrogatories to parties under Rule 25 and request for court testimony
admission by adverse party under Rule 26, or, at their o Ground is not solely relevancy but there must
discretion, make use of depositions under Rule 23, or also be a showing of necessity or
other measures under Rules 27 and 28 within 5 days unavailability of the deponent to appear and
from the filing of the answer (A.M. 03-1-09-SC) testify in court
Ø A copy of this order shall be served upon the defendant NOTE: Depositions are principally made available by law to the
together with the summons. A copy of the order shall parties as a means of informing themselves of all the
also be served upon the plaintiff. relevant facts; they are not generally meant to be a substitute
for actual testimony in open court of a party or witness. The
MODES OF DISCOVERY UNDER THE RULES OF COURT deponent, as a rule, must be presented for oral examination
1. Depositions pending action (Rule 23) in open court at the trial or hearing.
2. Depositions before action or pending appeal (Rule 24)
3. Interrogatories to parties (Rule 25) RULE 23
4. Admission by adverse party (Rule 26) DEPOSITIONS PENDING ACTION
5. Production or inspection of documents or things (Rule
27); and
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Section 1. Depositions pending action, when may be taken. § The deposition of a party or of anyone who at the time
- Upon ex parte motion of a party, the testimony of any person, of taking the deposition was an officer, director, or
whether a party or not, may be taken by deposition upon oral managing agent of a public or private corporation,
examination or written interrogatories. partnership, or association which is a party may be
used by an adverse party for any purpose;
The attendance of witnesses may be compelled by the use of a
subpoena as provided in Rule 21. (Sec 8) § The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the court
Depositions shall be taken only in accordance with these Rules. finds:
1) that the witness is dead; or
The deposition of a person confined in prison may be taken only
by leave of court on such terms as the court prescribes. 2) that the witness resides at a distance more than
100km from the place of trial or hearing, or is out
Ø When there is a pending case, the testimony of any of the Philippines, unless it appears that his or
person, whether a party or not, may be taken even her absence was procured by the party offering
before the trial proper. Such testimony is to be taken the deposition; or
at the instance of any party to the action.
3) that the witness is unable to attend or testify
Ø Leave of court is required before the service of an because of age, sickness, infirmity, or
answer but after jurisdiction has been acquired over imprisonment; or
any defendant or over the property subject of the action
4) that the party offering the deposition has been
Ø Leave of court is no longer required after an answer unable to procure the attendance of the witness
has been served by subpoena; or

After the court allows you to take deposition, you still need 5) upon application and notice, that such
to secure the attendance of the witness by subpoena. Is it exceptional circumstances exist as to make it
automatic that once deposition is granted the court will desirable, in the interest of justice and with due
forthwith, as a matter of course, issue a subpoena or do you regard to the importance of presenting the
need to apply? You still need to apply for a subpoena. testimony of witnesses orally in open court, to
allow the deposition to be used; and
Section 2. Scope of examination. - Unless otherwise ordered
by the court as provided by Section 16 or 18 of this Rule, the § If only part of a deposition is offered in evidence by a
deponent may be examined regarding any matter, not party, the adverse party may require him or her to
privileged, which is relevant to the subject of the pending introduce all of it which is relevant to the part
action, whether relating to the claim or defense of any other introduced, and any party may introduce any other
party, including the existence, description, nature, custody, parts.
condition, and location of any books, documents, or other
tangible things and the identity and location of persons having DEPONENT USED PURPOSE
knowledge of relevant facts. BY
Contradicting or
Section 3. Examination and cross-examination. - Any person who is Any
impeaching the testimony
Examination and cross-examination of deponents may proceed not a party party
of deponent as witness
as permitted at the trial under Sections 3 to 18 of Rule 132. A party OR anyone Any purpose
who at the time of
Ø examination may be a trial-type examination the deposition was NOTE: any admission
an officer, director, contained in the deposition
Section 4. Use of depositions. - At the trial or upon the Adverse
or managing agent is evidence per se and may
hearing of a motion or an interlocutory proceeding, any part party
of a public/private be used against the
or all of a deposition, so far as admissible under the rules of corp., partnership, deponent without need to
evidence, may be used against any party who was present or or association present deponent as
represented at the taking of the deposition or who had due which is a party witness in court
notice thereof, in accordance with anyone of the following Any purpose if the
provisions: deponent witness is not
available under any of the
§ Any deposition may be used by any party for the circumstances in par.(c) of
purpose of contradicting or impeaching the Witness, whether a Any
Sec. 4
testimony of the deponent as a witness; party or not party
NOTE: the deposition may
Ex. If during testimony W says one thing but during the be used in lieu of an oral
deposition he says a contradicting statement, adverse testimony in court
party may use the deposition to show that the witness
is unreliable DEPOSITION UNDER EXAMINATION OF CHILD WITNESS
RULE
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If, at the time of the trial, the court finds that: makes the deponent the witness of the party introducing the
• the child is unable to testify; deposition, but this shall not apply to the use by an adverse party
• if there is substantial likelihood that the child would of a deposition as described in paragraph (b) of Section 4 of this
suffer trauma from testifying in the presence of the Rule.
accused; or is
Introduction of the deposition bind the party who introduces it
• unavailable for any reason under Sec. 4(c) Rule 23
since he thereby makes the deponent his or her witness,
EXCEPT:
The court may admit into evidence the videotaped deposition
a. If it is introduced to impeach or contradict the witness,
of the child in lieu of his testimony at the trial. The court shall
or
issue an order stating the reasons therefor (Rule on Examination
b. If it is the deposition of an opposing party
of Child Witness, Sec. 27. Par.1)
Section 9. Rebutting deposition. - At the trial or hearing, any
DEPOSITION IN CRIMINAL CASES
party may rebut any relevant evidence contained in a
In criminal cases, the taking of the deposition of witnesses for
deposition whether introduced by him or her or by any other
the prosecution was formerly authorized by Sec. 7, Rule 119 for
party.
the purpose of perpetuating the evidence to be presented at the
trial, without a similar provision for defense witnesses. In the
BEFORE WHOM TAKEN
1985 Rules on Criminal Procedure, only the conditional
Section 10. Persons before whom depositions may be taken
examination, and not a deposition, of prosecution
within the Philippines. - Within the Philippines, depositions
witnesses was permitted (Sec. 7, Rule 119) and this was
may be taken before any judge, notary public, or the person
followed in the latest revision (Sec. 15, Rule 119).
referred to in Section 14 hereof.
HOWEVER, THE COURT MAY APPLY RULE 23 IN
Section 14. Stipulations regarding taking of
EXCEPTIONAL CASES IN THE INTEREST OF
depositions. - If the parties so stipulate in writing,
SUBSTANTIAL JUSTICE, should the conditions in Rule 119
depositions may be taken before any person
be absent (thus leaving the witness with no means to
authorized to administer oaths, at any time or place,
testify). [VELOSO CASE]
in accordance with these Rules, and when so taken
may be used like other depositions.
Section 5. Effect of substitution of parties. - Substitution of
parties does not affect the right to use depositions
Section 11. Persons before whom depositions may be taken
previously taken; and, when an action has been dismissed and
in foreign countries. - In a foreign state or country, depositions
another action involving the same subject is afterward
may be taken:
brought between the same parties or their representatives or
(a) on notice before a secretary of embassy or legation,
successors in interest, all depositions lawfully taken and duly
consul general, consul, vice-consul, or consular agent
filed in the former action may be used in the latter as if originally
of the Republic of the Philippines;
taken therefor.
(b) before such person or officer as may be appointed by
commission or under letters rogatory; or
NOTE: The deposition in the former case or proceeding may be
(c) the person referred to in Section 14 hereof
given in evidence against the adverse party who had the
opportunity to cross-examine the deponent and will not be
NO DEPOSITION SHALL BE TAKEN BEFORE A PERSON
considered as hearsay (R130 S47)
WHO IS:
a. A relative within the 6th degree of affinity or
Section 6. Objections to admissibility. - Subject to the
consanguinity
provisions of Section 29 of this Rule, objection may be made at
b. Employee or counsel of any of the parties
the trial or hearing to receiving in evidence any deposition or
c. Relative within the same degree, or employee of such
part thereof for any reason which would require the exclusion of
counsel
the evidence if the witness were then present and testifying.
d. Financially interested in the action
Ø May be done when the deposition is formally offered in
Section 12. Commission or letters rogatory. - A commission
court
or letters rogatory shall be issued only when necessary or
convenient, on application and notice, and on such terms and
DURING TAKING OF DEPOSITION: since the parties are
with such direction as are just and appropriate. Officers may be
notified of the place and the time, they can attend the deposition
designated in notices or commissions either by name or
and objection may be made there
descriptive title and letters rogatory may be addressed to the
appropriate judicial authority in the foreign country.
Section 7. Effect of taking depositions. - A party shall not be
deemed to make a person his or her own witness for any
purpose by taking his or her deposition. COMMISSION LETTERS ROGATORY
instrument issued by a court An instrument sent in the
Ø No guarantee that it will be used of justice or other competent name and by the authority of
tribunal, to authorize a a judge or court to another,
Section 8. Effect of using depositions. - The introduction in person to take depositions or requesting the latter to cause
evidence of the deposition or any part thereof for any purpose do any other act by authority to be examined, upon
other than that of contradicting or impeaching the deponent of such court or tribunal interrogatories filed in a case
pending before the former, a
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witness who is within the § That the deposition may be taken only on written
jurisdiction of the judge or interrogatories;
court to whom such letters § That certain matters shall not be inquired into;
are addressed § That the scope of the examination shall be held with no
Addressed to officers Addressed to some one present except the parties to the action and their
designated either by name or appropriate judicial authority officers or counsel;
descriptive title in the foreign state; may be § That after being sealed the deposition shall be opened
applied for and issued only only by order of the court;
after a commission has been § That secret processes, developments, or research
returned unexecuted need not be disclosed; or
non-judicial foreign officer judicial officer of the foreign § That the parties shall simultaneously file specified
will directly take the country will direct somebody documents or information enclosed in sealed
testimony in said foreign country to take envelopes to be opened as directed by the court.
down testimony
Applicable rules of procedure Applicable rules of procedure The court may make any other order which justice requires to
are those of the requesting are those of the foreign court protect the party or witness from annoyance, embarrassment, or
court requested to act oppression.
Resorted to if permission of Resorted to id the execution
the foreign country is given of the commission is refused Section 17. Record of examination; oath; objections. - The
in the foreign country officer before whom the deposition is to be taken shall put the
Leave of court is NOT Leave of court is necessary witness on oath and shall personally, or by someone acting
necessary under his or her direction and in his or her presence, record the
testimony of the witness.
Section 13. Disqualification by interest. - No deposition shall
be taken before a person who is a relative within the 6th degree The testimony shall be taken stenographically unless the parties
of consanguinity or affinity, or employee or counsel of any of the agree otherwise.
parties; or who is a relative within the same degree, or employee
of such counsel; or who is financially interested in the action. All objections made at the time of the examination to the
qualifications of the officer taking the deposition, or to the
Section 14. Stipulations regarding taking of depositions. - If manner of taking it, or to the evidence presented, or to the
the parties so stipulate in writing, depositions may be taken conduct of any party, and any other objection to the
before any person authorized to administer oaths, at any time or proceedings, shall be noted by the officer upon the
place, in accordance with these Rules, and when so taken may deposition. Evidence objected to shall be taken subject to the
be used like other depositions. objections. (does not provide that the officer has to rule on the
objection)
ORAL EXAMINATION
IN LIEU OF PARTICIPATING IN THE ORAL EXAMINATION,
Section 15. Deposition upon oral examination; notice; time parties served with notice of taking a deposition may transmit
and place. - A party desiring to take the deposition of any person written interrogatories to the officers, who shall propound them
upon oral examination shall give reasonable notice in writing to the witness and record the answers verbatim.
to every other party to the action. The notice shall state the time
and place for taking the deposition and the name and address Section 18. Motion to terminate or limit examination. - At any
of each person to be examined, if known, and if the name is time during the taking of the deposition, on motion or petition
not known, a general description sufficient to identify him or her of any party or of the deponent and upon a showing that the
or the particular class or group to which he or she belongs. On examination is being conducted in bad faith or in such manner
motion of any party upon whom the notice is served, the court as unreasonably to annoy, embarrass, or oppress the deponent
may for cause shown enlarge or shorten the time. or party, the court in which the action is pending or the
Regional Trial Court of the place where the deposition is being
Ø In lieu of participating in the oral examination, parties taken may order the officer conducting the examination to cease
served with notice of taking a deposition may transmit forthwith from taking the deposition, or may limit the scope and
written interrogatories to the officers, who shall manner of the taking of the deposition, as provided in Section
propound them to the witness and record the answers 16 of this Rule. If the order made terminates the examination, it
verbatim (Sec 17) shall be resumed thereafter only upon the order of the court in
which the action is pending. Upon demand of the objecting party
Section 16. Orders for the protection of parties and or deponent, the taking of the deposition shall be suspended for
deponents. - After notice is served for taking a deposition by the time necessary to make a notice for an order. In granting or
oral examination, upon motion seasonably made by any party or refusing such order, the court may impose upon either party or
by the person to be examined and for good cause shown, the upon the witness the requirement to pay such costs or expenses
court in which the action is pending may make the following as the court may deem reasonable.
orders:
§ That the deposition shall not be taken; GROUNDS:
§ That the deposition may be taken only at some 1. Examination is conducted in bad faith
designated place other than that stated in the notice;
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2. Examination is conducted in such manner as Section 20. Certification and filing by officer. - The officer
unreasonably to annoy, embarrass, or oppress the shall certify on the deposition that the witness was duly sworn to
deponent or party by him or her and that the deposition is a true record of the
3. When the inquiry touches upon the irrelevant or testimony given by the witness. He or she shall then securely
encroaches upon the recognized domains of privilege seal the deposition in an envelope indorsed with the title of the
4. When constitutional privileges against self- action and marked “Deposition of (here insert the name of
incrimination is invoked by the deponent or by counsel witness)” and shall promptly file it with the court in which the
on his behalf action is pending or send it by registered mail to the clerk thereof
for filing.
PROTECTION ORDER MOTION TO TERMINATE /
(S16) LIMIT EXAMINATION (S18) Section 21. Notice of filing. - The officer taking the deposition
Provides protection to the Provides protection during shall give prompt notice of its filing to all the parties.
party or witness before the the taking of the deposition
taking of the deposition Section 22. Furnishing copies. - Upon payment of reasonable
Filed with the court in which Filed in the court in which the charges therefor, the officer shall furnish a copy of the deposition
the action is pending action is pending OR RTC of to any party or to the deponent.
the place where the
deposition it being taken Section 23. Failure to attend of party giving notice. - If the
party giving the notice of the taking of a deposition fails to attend
However, if the order of the and proceed therewith and another attends in person or by
court terminates the counsel pursuant to the notice, the court may order the party
examination, it may be giving the notice to pay such other party the amount of the
resumed only upon the order reasonable expenses incurred by him or her and his or her
of the court in which the counsel in so attending, including reasonable attorney’s fees.
action is pending.
Section 24. Failure of party giving notice to serve subpoena.
Section 19. Submission to witness; changes; signing. - - If the party giving the notice of the taking of a deposition of a
When the testimony is fully transcribed, the deposition shall be witness fails to serve a subpoena upon him or her and the
submitted to the witness for examination and shall be read to or witness because of such failure does not attend, and if another
by him or her, unless such examination and reading are waived party attends in person or by counsel because he or she expects
by the witness and by the parties. Any changes in form or the deposition of that witness to be taken, the court may order
substance which the witness desires to make shall be entered the party giving the notice to pay to such other party the amount
upon the deposition by the officer with a statement of the of the reasonable expenses incurred by him or her and his or
reasons given by the witness for making them. her counsel in so attending, including reasonable attorney’s
fees.
The deposition shall then be signed by the witness, unless the
parties by stipulation waive the signing or the witness is ill or WRITTEN INTERROGATORIES
cannot be found or refuses to sign. If the deposition is not signed
by the witness, the officer shall sign it and state on the record Section 25. Deposition upon written interrogatories; service
the fact of the waiver or of the illness or absence of the witness of notice and of interrogatories. - A party desiring to take the
or the fact of the refusal to sign together with the reason given deposition of any person upon written interrogatories shall serve
therefor, if any, and the deposition may then be used as fully as them upon every other party with a notice stating the name
though signed, unless on a motion to suppress under Section and address of the person who is to answer them and the
29(f) of this Rule, the court holds that the reasons given for the name or descriptive title and address of the officer before
refusal to sign require rejection of the deposition in whole or in whom the deposition is to be taken.
part.
Within 10 calendar days thereafter, a party so served may
DUTIES OF OFFICER TAKING THE DEPOSITON UPON serve cross-interrogatories upon the party proposing to take
ORAL EXAMINATION the deposition.
1. Put the witness on oath (S17)
2. Record the testimony stenographically, unless the Within 5 calendar days thereafter, the latter may serve re-
parties agree otherwise (S17) direct interrogatories upon a party who has served cross-
3. Note all objections made (S17) interrogatories.
4. Certify on the deposition that:
a. The witness was duly sworn by him; and Within 3 calendar days after being served with re-direct
b. The deposition is a true record of testimony interrogatories, a party may serve recross-interrogatories
given by the witness upon the party proposing to take the deposition.
5. Securely seal the deposition in an envelope (S19)
6. Promptly file it with court (S20) Section 26. Officers to take responses and prepare record.
7. Give prompt notice of its filing to all the parties (S21) - A copy of the notice and copies of all interrogatories served
8. Furnish a copy of the deposition to any party or to the shall be delivered by the party taking the deposition to the officer
deponent upon payment of reasonable charges designated in the notice, who shall proceed promptly, in the
manner provided by Sections 17, 19 and 20 of this Rule, to take
the testimony of the witness in response to the interrogatories
and to prepare, certify, and file or mail the deposition, attaching
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thereto the copy of the notice and the interrogatories received

by him or her. RULE 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Section 27. Notice of filing and furnishing copies. - When a
deposition upon interrogatories is filed, the officer taking it shall PURPOSE
promptly give notice thereof to all the parties, and may furnish Rule 24 regulates the taking of depositions in perpetuam rei
copies to them or to the deponent upon payment of reasonable memoriam, the purpose of which is to perpetuate the testimony
charges therefor. of the witness for probable use in the future case or in the event
of further proceedings in the same case.
Section 28. Orders for the protection of parties and
deponents. - After the service of the interrogatories and prior to Ø Depositions in perpetuam rei memoriam, just like any
the taking of the testimony of the deponent, the court in which other depositions, are taken conditionally and to be
the action is pending, on motion promptly made by a party or a used at the trial or proceeding only in case the
deponent, and for good cause shown, may: deponent is not available
Ø make any order specified in Sections 15, 16 and 18 of
this Rule which is appropriate and just or Ø Depositions taken under this Rule do not prove the
Ø an order that existence of any right and the testimony therein
o the deposition shall not be taken before the perpetuated is not in itself conclusive proof, either of
officer designated in the notice or the existence of any right nor even of the facts to which
o that it shall not be taken except upon oral they relate, as it can be controverted at the trial in the
examination. same manner as though no perpetuation of testimony
was ever had
Section 29. Effect of errors and irregularities in depositions.
- Section 1. Depositions before action; petition. - A person
(a) As to notice. - All errors and irregularities in the notice for who desires to perpetuate his or her own testimony or that
taking a deposition are waived unless written objection is of another person regarding any matter that may be cognizable
promptly served upon the party giving the notice. in any court of the Philippines, may file a verified petition in the
court of the place of the residence of any expected adverse
(b) As to disqualification of officer. - Objection to taking a party.
deposition because of disqualification of the officer before whom
it is to be taken is waived unless made before the taking of the Ø R24 Sec. 1 may not be availed of in criminal cases.
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable EX: Petitioner has a cause of action which has not yet accrued.
diligence. In such a case, inasmuch as he cannot bring the action until the
cause of action accrues, he may perpetuate his testimony or that
(c) As to competency or relevancy of evidence. - Objections of another person.
to the competency of a witness or the competency, relevancy,
or materiality of testimony are not waived by failure to make Section 2. Contents of petition. - The petition shall be entitled
them before or during the taking of the deposition, unless the in the name of the petitioner and shall show:
ground of the objection is one which might have been obviated
or removed if presented at that time. (a) that the petitioner expects to be a party to an action in a court
of the Philippines but is presently unable to bring it or cause it to
(d) As to oral examination and other particulars. - Errors and be brought;
irregularities occurring at the oral examination in the manner of
taking the deposition, in the form of the questions or answers, in (b) the subject matter of the expected action and his or her
the oath or affirmation, or in the conduct of the parties and errors interest therein;
of any kind which might be obviated, removed, or cured if
promptly prosecuted, are waived unless reasonable objection (c) the facts which he or she desires to establish by the proposed
thereto is made at the taking of the deposition. testimony and his or her reasons for desiring to perpetuate it;

(e) As to form of written interrogatories. - Objections to the (d) the names or a description of the persons he or she expects
form of written interrogatories submitted under Sections 25 and will be adverse parties and their addresses so far as known; and
26 of this Rule are waived unless served in writing upon the party
propounding them within the time allowed for serving (e) the names and addresses of the persons to be examined and
succeeding cross or other interrogatories and within 3 calendar the substance of the testimony which he or she expects to elicit
days after service of the last interrogatories authorized. from each, and shall ask for an order authorizing the petitioner
to take the depositions of the persons to be examined named in
(f) As to manner of preparation. - Errors and irregularities in the petition for the purpose of perpetuating their testimony.
the manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed, Section 3. Notice and service. - The petitioner shall serve a
transmitted, filed, or otherwise dealt with by the officer under notice upon each person named in the petition as an expected
Sections 17, 19, 20 and 26 of this Rules are waived unless a adverse party, together with a copy of the petition, stating that
motion to suppress the deposition or some part thereof is the petitioner will apply to the court, at a time and place named
made with reasonable promptness after such defect is, or with therein, for the order described in the petition.
due diligence might have been, ascertained.
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At least 20 calendar days before the date of the hearing, the PURPOSE: to elicit material and relevant facts from any adverse
court shall cause notice thereof to be served on the parties and party; to assist the parties in clarifying the issues and in
prospective deponents in the manner provided for service of ascertaining the facts involved in a case
summons.
Ø Written interrogatories and the answers thereto shall
Section 4. Order and examination. - If the court is satisfied that be filed in court and served on the adverse party.
the perpetuation of the testimony may prevent a failure or delay Hence the answers may constitute as judicial
of justice, it shall make an order admissions
Ø designating or describing the persons whose
deposition may be taken and BILL OF PARTICULARS INTERROGATORIES
Ø specifying the subject matter of the examination and directed to a pleading not directed against a
Ø whether the depositions shall be taken upon oral particular pleading
examination or written interrogatories. to seek for a more definite seek the disclosure of all
The depositions may then be taken in accordance with Rule 23 statement or for particulars of material and relevant facts
before the hearing. any matter not averred with from a party
sufficient definiteness in a
Section 5. Reference to court. - For the purpose of applying pleading
Rule 23 to depositions for perpetuating testimony, each
reference therein to the court in which the action is pending shall WRITTEN
be deemed to refer to the court in which the petition for such INTERROGATORIES TO
INTERROGATORIES IN
deposition was filed. PARTIES (R25)
DEPOSITION (R23 S25)
Deponent: party or ordinary
Section 6. Use of deposition. - If a deposition to perpetuate Deponent: party only
witness
testimony is taken under this Rule, or if, although not so taken, With intervention of the No intervention. Written
it would be admissible in evidence, it may be used in any action officer authorized by the interrogatories are directed
involving the same subject matter subsequently brought in court to take deposition to the party himself.
accordance with the provisions of Sections 4 and 5 of Rule 23.
Not served upon the adverse Directly served upon the
Section 7. Depositions pending appeal. - If an appeal has party directly; they are adverse party
been taken from a judgment of a court, including the CA in delivered to the officer
proper cases, or before the taking of an appeal if the time Scope: direct, cross, re- Only 1 set of interrogatories,
therefor has not expired, the court in which the judgment was direct, re-cross unless there is leave of court
rendered may allow the taking of depositions of witnesses to to serve mote then 1 set
perpetuate their testimony for use in the event of further
No fixed time 15 days to answer unless
proceedings in the said court. extended or reduced by the
court
In such case the party who desires to perpetuate the testimony
may make a motion in the said court for leave to take the
Section 1. Interrogatories to parties; service thereof - Upon
depositions, upon the same notice and service thereof as if the
ex parte motion, any party desiring to elicit material and relevant
action was pending therein.
facts from any adverse parties shall file and serve upon the
latter written interrogatories to be answered by the party served
The motion shall state
or, if the party served is a public or private corporation or a
(a) the names and addresses of the persons to be examined
partnership or association, by any officer thereof competent to
and the substance of the testimony which he or she
testify in its behalf.
expects to elicit from each; and
(b) the reason for perpetuating their testimony.
Section 2. Answer to interrogatories. - The interrogatories
shall be answered fully in writing and shall be signed and
If the court finds that the perpetuation of the testimony is proper
sworn to by the person making them. The party upon whom
to avoid a failure or delay of justice, it may make an order
the interrogatories have been served shall file and serve a copy
allowing the depositions to be taken, and thereupon the
of the answers on the party submitting the interrogatories within
depositions may be taken and used in the same manner and
15 calendar days after service thereof, unless the court, on
under the same conditions as are prescribed in these Rules for
motion and for good cause shown, extends or shortens the time.
depositions taken in pending actions.
GR: The party upon whom the interrogatories have been served
EX: A party may perpetuate the testimony of a witness which
shall file and serve a copy of the answers on the party submitting
was objected by the adverse party and ruled out by the court. If
the interrogatories within 15 calendar days after the service
the appellate court should reverse the order of the lower court,
thereof.
it could admit the deposition as additional evidence or remand
the case back to the lower court for such admission in
Ø A judgement in default may be rendered against a party
accordance with Sections 2 and 5 of Rule 23.
who fails to serve his answer to written interrogatories.
RULE 25
XPN:
INTERROGATORIES TO PARTIES
1. Unless the court, on motion and for good cause shown,
extends or shortens the time (Rule 25 Sec.2)
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2. Where objections to any interrogatories are filed, the the adverse party but the People) or against the
answers shall be deferred until the objections are accused (since it would be violative of his right against
resolved, which shall be at as early a time as is self-incrimination)
practicable (Rule 25 Sec.3)
Ø Not proper where the subject matters are the same as
Section 3. Objections to interrogatories. - Objections to any the ultimate facts alleged in the complaint for which the
interrogatories may be presented to the court within 10 requested party already denied in his answer; where
calendar days after service thereof, with notice as in case of the request party already controverted the matters in
a motion; and answers shall be deferred until the objections an earlier pleading
are resolved, which shall be at as early a time as is practicable.
Section 1. Request for admission. - At any time after issues
Section 4. Number of interrogatories. - No party may, without have been joined, a party may file and serve upon any other
leave of court, serve more than one set of interrogatories to be party a written request for the admission by the latter of the
answered by the same party. genuineness of any material and relevant document
described in and exhibited with the request or of the truth of
GR: No party may serve more than 1 set of interrogatories to be any material and relevant matter of fact set forth in the
answered by the same party request. Copies of the documents shall be delivered with the
request unless copies have already been furnished.
XPN: When there is leave of court to serve more than 1 set of
interrogatories to be answered by the same party PURPOSE
• Expedite trial and relieve parties of the costs of proving
Section 5. Scope and use of interrogatories. - Interrogatories facts which will not be disputed on trial and the truth of
may relate to any matters that can be inquired into under Section which can be ascertained by reasonable inquiry
2 of Rule 23, and the answers may be used for the same • Clarify and shed light on the truth or falsity of the
purposes provided in Section 4 of the same Rule. allegations in a pleading; not a mere reiteration of what
has been already alleged in the pleadings
Ø Since answers to interrogatories may be used for the
same purposes as depositions, they may also be the MODES:
basis of a summary judgement under Rule 35
• request to admit the genuineness of any material and
relevant document described in and exhibited with the
Section 6. Effect of failure to serve written interrogatories. -
request; or
Unless thereafter allowed by the court for good cause shown
and to prevent a failure of justice, a party not served with written • admit the truth of any material and any relevant matter
interrogatories may not be compelled by the adverse party to of fact set forth in the request
give testimony in open court, or to give a deposition
pending appeal. WHEN MADE: ANY TIME AFTER THE ISSUES HAVE BEEN
JOINED
Ø If the party not served with written interrogatories is a
corporation, its officers are the ones who cannot be so “issues have been joined” - when the parties have become
compelled to give testimony. aware of what issues in the case are in dispute; issues are
deemed to have been joined after the defendant has filed his
PURPOSE: answer and the plaintiff has filed his reply thereto or the period
1. To prevent fishing expedition and needless delay for filing the reply has expired
2. Court may limit the inquiry to what is relevant and thus
prevent the calling party from staying or harassing the Ratio: Reason for the requirement that such request must be
adverse party made after the pleadings are closed is that the questions of fact
3. To maintain order of trial involved in a case are inquired into only when it reaches the
stage of proof
Note: no need to obtain judicial affidavits (JAR expressly
excludes adverse party and hostile witnesses), it is enough to TO WHOM SERVED: directly upon the party requested.
merely serve written interrogatories. Otherwise, that party cannot be deemed to have admitted the
genuineness of any relevant matters of fact set forth therein on
RULE 26 account of failure to answer the request for admission
ADMISSION BY ADVERSE PARTY
RESPONSE: party may engage the services of counsel to make
PURPOSE: the response in his behalf
• to allow one party to request the adverse party, in FAILURE TO FILE DENIAL
writing, to admit certain material and relevant matters
Section 2. Implied admission. - Each of the matters of which
which, most likely, will not be disputed during the trial
an admission is requested shall be deemed admitted unless,
• to avoid unnecessary inconvenience to the parties in within a period designated in the request, which shall not be less
going through the rigors of proof before the trial than 15 calendar days after service thereof, or within such
further time as the court may allow on motion, the party to whom
Ø NOT APPLICABLE IN CRIMINAL CASES - either the request is directed files and serves upon the party requesting
against the prosecution (since the prosecution is not the admission a sworn statement either denying specifically
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the matters of which an admission is requested or setting forth Rules 27 and 29 within 5 days from the filing of the
in detail the reasons why he or she cannot truthfully either answer (A.M. No. 03-1-09-SC)
admit or deny those matters.
NOTE: Sec 6 Rule 25 (unjustified failure to avail of written
OBJECTIONS interrogatories) is a similar provision. In Sec 6 Rule 25 and Sec
Objections to any request for admission shall be submitted to 5 Rule 26, the court shall determine on a case to case basis
the court by the party requested within the period for and prior whether or not the non-availment of the 2 modes of discovery
to the filing of his or her sworn statement as contemplated in the was justified or the negative sanctions will unjustly prejudice the
preceding paragraph and his or her compliance therewith erring party
shall be deferred until such objections are resolved, which
resolution shall be made as early as practicable. RULE 27
PRODUCTION OR INSPECTION OF DOCUMENTS OR
Ø A request for admission can be the basis of a summary THINGS
judgment. The request can be the basis thereof when
its subject is deemed to have been admitted by the PRODUCTION / SUBPOENA DUCES
party as a result of that party's failure to respond to the INSPECTION TECUM
request A means of compelling
A mode of discovery
production of evidence
Section 3. Effect of admission. - Any admission made by a A pre-trial discovery device Used during the trial proper;
party pursuant to such request is for the purpose of the pending intended to obtain facts or party applying for its
action only and shall not constitute an admission by him or her documents to prepare for issuance intends to present
for any other purpose nor may the same be used against him or trial; movant may opt not to in evidence the witness or
her in any other proceeding. use such facts or documents the things subject thereof
Motion and notice to the May issue upon an ex parte
Section 4. Withdrawal. - The court may allow the party making adverse party and showing of application unless the
an admission under this Rule, whether express or implied, to good cause is required purpose is to call the adverse
withdraw or amend it upon such terms as may be just. party as witness
Can be directed only to a Can be directed to a non-
Ø To effect the withdrawal, the admitting party should file party party
a motion to be relieved of the effects of his admission Scope is broader as it may Since land is incapable of
involve entry upon manual delivery, it cannot be
Ø Where the plaintiff failed to answer a request for designated land or other subject to a subpoena duces
admission, based on its allegations in its original property for inspecting, tecum
complaint, the legal effects of its implied admission of measuring, surveying, or
facts stated in the request cannot be set aside by its photographing
subsequent filing of an amended complaint
Ø if a party applies for the issuance of a subpoena during
FAILURE TO FILE REQUEST pre-trial, it will be dismissed for being PREMATURE;
Section 5. Effect of failure to file and serve request for Rule 27 would be proper
admission. - Unless otherwise allowed by the court for good
cause shown and to prevent a failure of justice, a party who fails Section 1. Motion for production or inspection; order. -
to file and serve a request for admission on the adverse party of Upon motion of any party showing good cause therefor, the
material and relevant facts at issue which are, or ought to be, court in which an action is pending may
within the personal knowledge of the latter, shall not be § order any party to produce and permit the inspection
permitted to present evidence on such facts. and copying or photographing, by or on behalf of the
moving party, of any designated documents, papers,
PURPOSE: to make the parties avail of a request for admission books, accounts, letters, photographs, objects or tangible
in order to expedite the trial of the case since a fact or a things, not privileged, which constitute or contain
document admitted need no longer be the subject of proof. evidence material to any matter involved in the action
and which are in his or her possession, custody or
• the party shall not be permitted to present evidence on control; or
facts that are material and relevant and which are § order any party to permit entry upon designated land
ought to be, within the personal knowledge of the other or other property in his or her possession or control for
party, unless by the court for good cause shown and to the purpose of inspecting, measuring, surveying, or
otherwise allowed prevent a failure of justice photographing the property or any designated relevant
object or operation thereon. The order shall specify the
• within 1 day from receipt of the complaint, the rule time, place and manner of making the inspection and
mandates not only the preparation of the summons but taking copies and photographs, and may prescribe such
also the issuance of an order requiring the parties to terms and conditions as are just.
avail of interrogatories to parties under Rule 25 and
request for admission by adverse party under Rule PURPOSE: not only for the benefit of a party, but also for the
26. The parties, however, may use, at their discretion, court and for it to discover all the relevant and material facts in
depositions under Rule 23 or other measures under connection with the case before it
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CONSTRUCTION: The scope of discovery under this mode is parties, and shall specify the time, place, manner, conditions
to be liberally construed so as to provide the litigants with and scope of the examination and the person or persons by
information essential to the fair and amicable settlement or whom it is to be made.
expeditious trial of the case. All the parties are required to lay
their cards on the table so that justice can be rendered on the REQUISITES:
merits of the case. While the grant of a motion for a production 1. Mental or physical condition of a party is in controversy
of a document is admittedly discretionary on the part of the trial 2. Motion is filed
court judge, nevertheless, it cannot be arbitrarily or 3. For good cause shown
unreasonably denied because to do so would bar access to 4. Upon notice to the party to be examined and to all other
relevant evidence that may be used by a party-litigant and, parties
hence, impair his fundamental right to due process. 5. Shall specify:
a. Time, place, manner, conditions, and scope
TEST: The test to be applied in determining the relevancy of of the examination
documents is one of reasonableness and practicability b. Person/s by whom it is to be made

LIMITATION: SHOULD NOT BE PRIVILEGED Section 3. Report of findings. - If requested by the party
examined, the party causing the examination to be made shall
Privileged communication under Rule 130: deliver to him or her a copy of a detailed written report of the
1. Communication between husband and wife examining physician setting out his or her findings and
2. Communication between attorney and client conclusions. After such request and delivery, the party causing
3. Communication between physician and patient the examination to be made shall be entitled upon request to
4. Communication between priest and penitent receive from the party examined a like report of any
5. Communication of public officers involving public interest examination, previously or thereafter made, of the same mental
or physical condition. If the party examined refuses to deliver
Other privileged matters not enumerated: such report, the court on motion and notice may make an order
• Editors may not be compelled to disclose the requiring delivery on such terms as are just, and if a physician
source of published news fails or refuses to make such a report, the court may exclude his
• Voters may not be compelled to disclose for or her testimony if offered at the trial.
whom they voted
Section 4. Waiver of privilege. - By requesting and obtaining a
• Trade secrets
report of the examination so ordered or by taking the deposition
• Information in tax returns of the examiner, the party examined waives any privilege he or
• Bank deposits she may have in that action or any other involving the same
controversy, regarding the testimony of every other person
RULE 28 who has examined or may thereafter examine him or her in
PHYSICAL AND MENTAL EXAMINATION OF PERSONS respect of the same mental or physical examination.

REQUIREMENTS: NOTES:
1) There should be a motion for good cause shown and Ø ARREST not available here
upon notice to the party to be examined and to all other Ø DEFAULT JUDGMENT will not lie for refusal to submit
parties. to examination in annulment or nullification cases
2) Such notion shall specify the time, place, manner, (prohibited)
conditions and scope of the examination and the
person or persons by whom it is to be made. TIME LIMIT TO AVAIL MODES OF DICOVERY:
3) The action in which the motion is made is one in which While there is no specific time limit within which the modes of
the mental or physical condition of a party is in discovery may be resorted to, it should be remembered that their
controversy. primordial purpose is to expedite the resolution of the case and
avoid delay. (If filed after rendition of judgment – may be denied)
Section 1. When examination may be ordered. - In an action
IN WHICH THE MENTAL OR PHYSICAL CONDITION OF A RULE 29
PARTY IS IN CONTROVERSY, the court in which the action is REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY
pending may in its discretion order him or her to submit to a
physical or mental examination by a physician. SUMMARY:

Examples of such actions: REFUSAL TO ANSWER ANY QUESTION UPON ORAL

§ An action for annulment of a contract where the ground EXAMINATION / ANY INTERROGATORY:
relied upon is insanity. ⁃ examination may be completed on other matters or
§ A petition for guardianship of a person alleged to be adjourned as the proponent of the question may prefer
insane.
⁃ proponent may apply to the court of the place where
§ An action to recover damages for personal injury where
the deposition is being taken, for an order to compel
the issue is the extent of the injuries of the plaintiff.
an answer
Section 2. Order for examination. - The order for examination ⁃ If granted, the court shall require the refusing party to
may be made only on motion for good cause shown and answer
upon notice to the party to be examined and to all other
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⁃ if it finds that the refusal was without substantial Section 1. Refusal to answer. - If a party or other deponent
justification, it may require the refusing party or refuses to answer any question upon oral examination, the
counsel, or both, to pay the proponent the amount of examination may be completed on other matters or adjourned
the reasonable expenses incurred in obtaining the as the proponent of the question may prefer. The proponent may
order, including attorney’s fees thereafter apply to the proper court of the place where the
⁃ If denied and the court finds that it was filed without deposition is being taken, for an order to compel an answer. The
substantial justification, the court may require the same procedure may be availed of when a party or a witness
proponent or counsel or both, to pay to the refusing refuses to answer any interrogatory submitted under Rules 23
party or deponent the amount of the reasonable or 25.
expenses incurred in opposing the application
⁃ refusal may be considered as contempt of court If the application is granted, the court shall require the refusing
party or deponent to answer the question or interrogatory and if
REFUSAL TO BE SWORN it also finds that the refusal to answer was without substantial
justification, it may require the refusing party or deponent or the
⁃ refusal may be considered as contempt of court
counsel advising the refusal, or both of them, to pay the
proponent the amount of the reasonable expenses incurred in
REFUSAL TO:
obtaining the order, including attorneys fees.
• produce document/thing
• to submit to physical/mental examination If the application is denied and the court finds that it was filed
• to obey order to answer under Sec. 1 without substantial justification, the court may require the
proponent or the counsel advising the filing of the application, or
The court may order: both of them, to pay to the refusing party or deponent the amount
⁃ that the matters regarding which the questions were of the reasonable expenses incurred in opposing the application,
asked, character or description of the thing or land, including attorney’s fees.
contents of the paper, or the physical or mental
condition of the party, or any other designated facts Section 2. Contempt of court. - If a party or other witness
shall be taken to be established for the purposes of refuses to be sworn or refuses to answer any question after
the action in accordance with the claim of the party being directed to do so by the court of the place in which the
obtaining the order deposition is being taken, the refusal may be considered a
⁃ refusal to allow the disobedient party to support or contempt of that court.
oppose designated claims or defenses or prohibiting
him or her from introducing in evidence designated Section 3. Other consequences. - If any party or an officer or
documents or things or items of testimony, or from managing agent of a party refuses to obey an order made under
introducing evidence of physical or mental condition Section 1 of this Rule requiring him or her to answer designated
⁃ striking out pleadings or parts thereof questions, or an order under Rule 27 to produce any document
⁃ staying further proceedings until the order is obeyed or other thing for inspection, copying, or photographing or to
⁃ dismissing the action or proceeding or any part thereof, permit it to be done, or to permit entry upon land or other
or property, or an order made under Rule 28 requiring him or her
⁃ rendering a judgment by default against the to submit to a physical or mental examination, the court may
disobedient party make such orders in regard to the refusal as are just, and among
others the following:
⁃ In lieu or in addition, directing the arrest of any party or
agent of a party for disobeying any of such orders
(a) An order that the matters regarding which the questions were
except an order to submit to a physical or mental
asked, or the character or description of the thing or land, or the
examination
contents of the paper, or the physical or mental condition of the
party, or any other designated facts shall be taken to be
REFUSAL TO ADMIT (served denial but party requesting
established for the purposes of the action in accordance with the
admissions proves the genuineness or truth)
claim of the party obtaining the order;
Ø party requesting may apply to the court for an order
requiring the other party to pay reasonable expenses
(b) An order refusing to allow the disobedient party to support or
incurred in making such proof, including reasonable
oppose designated claims or defenses or prohibiting him or her
attorney’s fees unless the court finds that there were
from introducing in evidence designated documents or things or
good reasons for the denial or that admissions sought
items of testimony, or from introducing evidence of physical or
were of no substantial importance
mental condition;
FAILURE TO APPEAR AT DEPOSITION OR TO SERVE
(c) An order striking out pleadings or parts thereof, or staying
ANSWERS TO INTERROGATORIES
further proceedings until the order is obeyed, or dismissing the
⁃ the court on motion and notice, may strike out all or any action or proceeding or any part thereof, or rendering a judgment
part of any pleading by default against the disobedient party; and
⁃ dismiss the action or proceeding or any part thereof, or
⁃ enter a judgment by default against that party (d) In lieu of any of the foregoing orders or in addition thereto,
⁃ in its discretion, order him or her to pay reasonable an order directing the arrest of any party or agent of a party for
expenses incurred by the other, including attorney’s disobeying any of such orders except an order to submit to a
fees physical or mental examination.
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Section 4. Expenses on refusal to admit. - If a party after

being served with a request under Rule 26 to admit the
genuineness of any document or the truth of any matter of fact,
serves a sworn denial thereof and if the party requesting the
admissions thereafter proves the genuineness of such
document or the truth of any such matter of fact, he or she may
apply to the court for an order requiring the other party to pay
him or her the reasonable expenses incurred in making such
proof, including reasonable attorney’s fees. Unless the court
finds that there were good reasons for the denial or that
admissions sought were of no substantial importance, such
order shall be issued.

Section 5. Failure of party to attend or serve answers. - If a

party or an officer or managing agent of a party willfully fails to
appear before the officer who is to take his or her deposition,
after being served with a proper notice, or fails to serve answers
to interrogatories submitted under Rule 25 after proper service
of such interrogatories, the court on motion and notice, may
strike out all or any part of any pleading of that party, or dismiss
the action or proceeding or any part thereof, or enter a judgment
by default against that party, and in its discretion, order him or
her to pay reasonable expenses incurred by the other, including
attorney’s fees.

Ø Sec. 5 will apply if a party refuses to answer the whole

set, and not just a particular question. Where the party
refuses to answer a particular question despite an
order compelling him, Sec. 3(c) will apply

Ø The matter of how, and when, the above sanctions

should be applied is one that primarily rests on the
sound discretion of the court where the case is
pending, having always in mind the paramount and
overriding interest of justice. For while the modes of
discovery are intended to attain the resolution of
litigations with great expediency, they are not
contemplated, however, to be ultimate causes of
injustice. It behooves trial courts to examine well the
circumstances of each case and make their considered
determination thereafter

Section 6. Expenses against the Republic of the

Philippines. - Expenses and attorneys fees are not to be
imposed upon the Republic of the Philippines under this Rule.

REFUSAL TO COMPLY WITH MODES OF DISCOVERY,

EFFECTS, AND REMEDIES

See Table in memaid p.125

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MODULE 8 The case should be included in the trial calendar when the issue
is joined. The issue is joined when all the parties have pleaded
RULE 30 their respective theories and the terms of the dispute are plain
TRIAL before the court.

TRIAL GR: Judgment should not be rendered without trial on the

- Judicial examination and determination of the issues or material facts in the pleadings of the parties which are in good
legal controversies between the parties to the action faith controverted.

- examination, usually involving the offering of testimony XPN: A civil case may be adjudicated upon without the need for
before a competent tribunal according to established trial in any of the following cases:
procedures, of facts or law put in issue in a cause for the 1. Judgment by default if the court does not require the
of determining such issue claimant to submit evidence (Rule 9 Sec. 3)
2. Non-compliance or insufficient compliance with an
- stage of a case when the parties present their evidence order for a bill of particulars and the court strikes out
before the court up to the point when the case is deemed the pleading of the disobedient party (Rule 72, Sec. 4)
submitted for decision 3. Where the action is dismissed upon motion or by the
court motu proprio on the ground of res judicata,
- Stage in which the parties shall adduce their respective prescription, litis pendentia, lack of jurisdiction over the
evidence in support of their claims and/or defenses which subject matter
shall constitute the bases for the judgment of the court. 4. Dismissal with prejudice under the Two-Dismissal Rule
5. Dismissal with prejudice on motion of the plaintiff or
- Should there be no amicable settlement or compromise upon the court's own motion due to the fault of the
forged between the parties, the case will be set for trial. plaintiff
The plaintiff presents his evidence first. After he rests his 6. Failure to attend pre-trial or to submit a pre-trial brief
case, the defendant will present his own evidence. where the case is dismissed with prejudice
However, if the defendant believes that, upon the facts and 7. Refusal to answer any written interrogatory (be it under
the law, the plaintiff is not entitled to relief, he may, instead Rule 23 or Rule 25) and to comply with an order under
of presenting his own evidence, move for the dismissal by Rule 27 or Rule 28 where the court strikes out the
demurrer to evidence. If denied, the defendant still has the pleading of or renders a judgment of default against the
right to present his evidence. If granted but on appeal the disobedient party (Rule 29, Secs. 3 & 5)
order of dismissal is reversed, the defendant is deemed to 8. When a party or an officer or managing agent of a party
have waived his right to present evidence willfully fails to appear before the officer to take his
deposition despite notice and the court strikes out the
- Not an indispensable stage of a civil action. A judgment pleading or renders a judgment of default against the
may be rendered even without a trial disobedient party (Rule 25, Sec. 5)
9. Judgment on the pleadings (Rule 34)
PERIOD 10. Full Summary Judgment (Rule 35)
period of the trial terminates when the judgment begins 11. Judgment based on stipulation of facts (Rule 30, Sec.
7)
TRIAL HEARING 12. Judgment on Compromise (Art 2037 NCC)
Narrower – presentation of Broader – includes the trial, 13. Judgment by Confession (Rule 36)
evidence pre-trial, and determination 14. Judgment in Summary Procedure and Small Claims
of granting or denying a
motion SECTION 1. Schedule of Trial. — The parties shall strictly
Stage of a civil case where Involved in several stages of observe the scheduled hearings as agreed upon and set forth
the parties adduce evidence a civil case (ex: hearing of a in the pre-trial order.
in support of their respective motion; hearing for the
claims or defenses issuance of a provisional (a) The schedule of the trial dates, for both plaintiff and
remedy); used in referring to defendant, shall be continuous and within the following periods:
interlocutory orders
Manner of presentation of Does not follow the order of i. The initial presentation of plaintiff's evidence shall
evidence follows the order of trial; there need not be an be set not later than 30 calendar days after the
trial; examination of witness examination of witnesses or termination of the pre-trial conference. Plaintiff shall be
and offer of evidence in open offer of evidence. The parties allowed to present its evidence within a period of 3
court on the date set of trial is are simply given the months or 90 calendar days which shall include the
required. opportunity to be heard date of the judicial dispute resolution, if necessary;
through submission of
arguments on questions of ii. The initial presentation of defendant's evidence
fact and evidence on shall be set not later than 30 calendar days after the
questions of law involved. court's ruling on plaintiff's formal offer of evidence. The
defendant shall be allowed to present its evidence
WHEN CASE READY FOR TRIAL within a period of 3 months or 90 calendar days;
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iii. The period for the presentation of evidence on the Is the adjournment of hearing the same as suspension of
third (fourth, etc.)-party claim, counterclaim or the case? No. Adjournment refers to the postponement of a trial
cross-claim shall be determined by the court, the total date. While suspension refers to the trial being temporarily
of which shall in no case exceed 90 calendar days; and stopped

iv. If deemed necessary, the court shall set the SECTION 3. Requisites of Motion to Postpone Trial for
presentation of the parties' respective rebuttal Illness of Party or Counsel. — A motion to postpone a trial on
evidence, which shall be completed within a period of the ground of illness of a party or counsel may be granted if it
30 calendar days. appears upon affidavit or sworn certification that the presence of
such party or counsel at the trial is indispensable and that the
(b) The trial dates may be shortened depending on the character of his or her illness is such as to render his or her non-
number of witnesses to be presented, provided that the attendance excusable.
presentation of evidence of all parties shall be terminated
within a period of 10 months or 300 calendar days. If there REQUISITES:
are no third (fourth, etc.)-party claim, counterclaim or cross- 1. A motion or postponement on the ground of illness of a
claim, the presentation of evidence shall be terminated within a party or counsel must be filed;
period of 6 months or 180 calendar days. 2. Must be supported by an affidavit or sworn certification
showing:
(c) The court shall decide and serve copies of its decision to a. the presence of such party or counsel at the
the parties within a period not exceeding 90 calendar days from trial is indispensable; and
the submission of the case for resolution, with or without b. the character of his or her illness is such as to
memoranda. render his or her non-attendance excusable
3. Must be accompanied by the original official receipt
from the office of the clerk of court evidencing payment
SECTION 2. Adjournments and Postponements. — A court of the postponement fee
may adjourn a trial from day to day, and to any stated time, o submitted either at the time of filing of motion
as the expeditious and convenient transaction of business or not later than the next hearing date
may require, but shall have no power to adjourn a trial for a 4. Proof of service of the written motion
longer period than 1 month for each adjournment, nor more
than 3 months in all, except when authorized in writing by the SECTION 4. Hearing Days and Calendar Call. — Trial shall
Court Administrator, Supreme Court. be held from Monday to Thursday, and courts shall call the
cases at exactly 8:30 a.m. and 2:00 p.m., pursuant to
The party who caused the postponement is warned that the Administrative Circular No. 3-99. Hearing on motions shall be
presentation of its evidence must still be terminated on the held on Fridays, pursuant to Section 8, Rule 15. All courts shall
remaining dates previously agreed upon. ensure the posting of their court calendars outside their
courtrooms at least 1 day before the scheduled hearings,
LIMITATIONS ON POWER TO ADJOURN (except when pursuant to OCA Circular No. 250-2015.
authorized in writing by the court administrator, SC) Ø Unless the docket of the court requires otherwise, not
a. Must not be for a period longer than 1 month for each more than 4 cases shall be scheduled for trial daily
adjournment; (Administrative Circular No. 3-39, January 15, 1999).
b. Must not be for a period longer than 3 months in all
ORDER OF TRIAL
Ø As a rule, the grant or denial of a motion for SECTION 5. Order of Trial. — Subject to the provisions of
postponement is addressed to the sound discretion of Section 2 of Rule 31, and unless the court for special
the court which should always be predicated on the reasons otherwise directs, the trial shall be limited to the
consideration that more than the mere convenience of issues stated in the pre-trial order and shall proceed as
the courts or of the parties, the ends of justice and follows:
fairness should be served thereby. a) The plaintiff shall adduce evidence in support of his
or her complaint;
MOTION FOR POSTPONEMENT
Rule 15 Sec. 12. Prohibited Motions. — The following motions shall not b) The defendant shall then adduce evidence in
be allowed: support of his or her defense, counterclaim, cross-
claim and third-party complaint;
(f) Motion for postponement intended for delay, except if it is based on:
Ø acts of God
Ø force majeure or c) The third-party defendant, if any, shall adduce
Ø physical inability of the witness to appear and testify. evidence of his or her defense, counterclaim, cross-
claim and fourth-party complaint;
If the motion is granted based on such exceptions, the moving party shall
be warned that the presentation of its evidence must still be terminated d) The fourth-party, and so forth, if any, shall adduce
on the dates previously agreed upon. evidence of the material facts pleaded by them;
Rule 18 Sec. 7 – Should the opposing party fail to appear without valid
e) The parties against whom any counterclaim or
cause, the presentation of the scheduled witness will proceed with the
absent partly being deemed to have waived the right to interpose cross-claim has been pleaded, shall adduce
objection and conduct cross-examination. evidence in support of their defense, in the order to be
prescribed by the court;
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o Criminal cases: if the accused admits the act

f) The parties may then respectively adduce rebutting or omission charged in the complaint or
evidence only, unless the court, for good reasons and information but interposes a lawful defense
in the furtherance of justice, permits them to adduce
evidence upon their original case; and RATIO: plaintiff no longer needs to adduce evidence to
prove a judicial admission
g) Upon admission of the evidence, the case shall be
deemed submitted for decision, unless the court MOTION TO REOPEN PARTY’S CASE TO INTRODUCE
directs the parties to argue or to submit their respective FURTHER EVIDENCE
memoranda or any further pleadings. Parties may be permitted to adduce evidence on their original
case even after the presentation of original evidence provided:
If several defendants or third-party defendants, and so forth, a) there are good reasons; and b) such reasons are in the
having separate defenses appear by different counsel, the court furtherance of justice
shall determine the relative order of presentation of their
evidence. Basis: Sec. 5(f), Rule 30

GR: Only evidence identified and pre-marked during the pre-trial HOT TUB HEARING
can be presented and offered during the trial in support of a Where the judge can hear all the experts discussing the same
party’s evidence-in-chief issue at the same time to explain each of their points in a
discussion with a professional colleague
XPN: Evidence reserved during pre-trial provided that the
reservation was made in the following manner: SECTION 6. Oral Offer of Exhibits. — The offer of evidence,
1. For testimonial evidence, by giving the name or the comment or objection thereto, and the court ruling shall be
position and nature of the testimony of the proposed made orally in accordance with Sections 34 to 40 of Rule 132.
witness;
2. For documentary evidence and other object evidence, RULE 132
by giving a particular description of the evidence. • Section 34. Offer of Evidence. — The court shall
consider no evidence which has not been formally
REBUTTAL EVIDENCE offered. The purpose for which the evidence is offered
Ø Evidence given to explain, repel, counteract, or must be specified.
disprove the evidence of the adversary.
Ø Its office is to meet the new facts put in Ex: The first witness will testify to the existence of the
by the opponent in his case in reply and is necessary loan to prove the existence between complainant and
only because, on a plea in denial, new subordinate defendant.
evidential facts have been offered, or because on an
affirmative plea, its substantive facts have been put
• Section 35. When to Make Offer. — All evidence must
forward, or because, on any issue whatever, facts
be offered orally.
discrediting the proponent’s witnesses have been
offered
TESTIMONY OF A WITNESS IN EVIDENCE – offer
Ø EX: defendant presents evidence of an expert’s finding
must be made at the time the witness is called to
that his signature to the promissory note was forged à
testify.
plaintiff may present his own expert witness to prove
that the defendant’s signature on the note is genuine
DOCUMENTARY AND OBJECT EVIDENCE – offer
shall be made after the presentation of a party's
Instances where the court may allow presentation of
testimonial evidence.
evidence-in-chief during the presentation of rebuttal
evidence:
• Section 36. Objection. — Objection to offer of evidence
1. When it is newly discovered;
must be made orally immediately after the offer is
2. Where it has been omitted through inadvertence or
made.
mistake; or
3. Where the purpose of the evidence is to correct
Ex. If they are offering Mr. X as an expert witness as a
evidence previously offered
boctor but he is only a med student, you object to the
offer because of incompetence. At the same you can
NOTE: Evidence offered in rebuttal is not automatically
already object to the questions in the judicial affidavit.
excluded just because it would have been more properly
For example, you will object to number 1 of the Judicial
admitted in the case in chief
affidavit for being leading, number 2 for misleading,
compound question etc. So the time you make an
REVERSE TRIAL
objection to the evidence is the time when it is formally
Trial in which it is the defendant or accused who presents his
offered.
evidence ahead of the plaintiff or the prosecution
Objection to the testimony of a witness for lack of a
WHEN ALLOWED:
formal offer must be made as soon as the witness
o Civil cases: if the defendant admits the
begins to testify.
material allegations of the complaint but
interposes a lawful defense
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Objection to a question propounded in the course of the held as to the disputed facts in such order as the court shall
oral examination of a witness must be made as soon prescribe.
as the grounds therefor become reasonably apparent.
The grounds for the objections must be specified. JUDGEMENT UPON STIPULATION OF FACTS
GR: parties may stipulate in writing upon the facts involved and
• Section 37. When Repetition of Objection submit the case for judgment on the facts agreed upon. The
Unnecessary. — When it becomes reasonably parties may also be bound by other judicial admissions such as
apparent in the course of the examination of a witness agreements made orally before the judge during the pre-trial
that the questions being propounded are of the same hearing.
class as those to which objection has been made,
whether such objection was sustained or XPN: not allowed in actions for declaration of nullity or
overruled, it shall not be necessary to repeat the annulment of marriage and legal separation (to prevent
objection, it being sufficient for the adverse party to collusion, creditors of the ACP/CPG might be defrauded)
record his or her continuing objection to such class
of questions. JUDICIAL ADMISSIONS
Rule 129 Section 4 — An admission, oral or written, made by
• Section 38. Ruling. — The ruling of the court must be the party in the course of the proceedings in the same case,
given immediately after the objection is made, does not require proof. The admission may be contradicted
unless the court desires to take a reasonable time to only by showing that:
inform itself on the question presented; but the ruling Ø it was made through palpable mistake or
shall always be made during the trial and at such time Ø that the imputed admission was not, in fact, made
as will give the party against whom it is made an
opportunity to meet the situation presented by the Let us say you want to present an expert witness. Before
ruling. The reason for sustaining or overruling need not you can present an expert witness, you need to establish
be stated. However, if the objection is based on two or the expertise of the witness (this includes school graduated
more grounds, a ruling sustaining the objection on one from, number of years in practice). Rather than presenting
or some of them must specify the ground or grounds this in evidence, can the parties stipulate that he is an
relied upon. expert witness? YES. Under the pre-trial, the ROC allows the
parties to stipulate facts. Rather than presenting evidence of a
• Section 39. Striking out of Answer. — Should a witness fact, the parties can stipulate instead. In trial, it is expressly
answer the question: provided that there can be an agreement for the stipulation of
Ø before the adverse party had the opportunity facts. Which means you do not need to present evidence on that
to voice fully its objection to the same, or matter anymore.
Ø where a question is not objectionable, but the
answer is not responsive, or SECTION 8. Suspension of Actions. — The suspension of
Ø where a witness testifies without a question actions shall be governed by the provisions of the Civil Code and
being posed or testifies beyond limits set by the other laws.
court, or
Ø when the witness does a narration instead of Ø suspension of proceedings or action, not the
answering the question, and such objection is suspension of the running of the prescriptive period
found to be meritorious,
the court shall sustain the objection and order such Art. 2030 NCC – Every civil action or proceeding shall be
answer, testimony or narration to be stricken off the suspended:
record. On proper motion, the court may also order the 1. If willingness to discuss a possible compromise is
striking out of answers which are: expressed by one or both parties; or
Ø incompetent 2. If it appears that one of the parties, before the
Ø irrelevant commencement of the action or proceeding, offered to
Ø or otherwise improper discuss a possible compromise but the other party
refused the offer.
• Section 40. Tender of Excluded Evidence. — If
Art. 2035 NCC – No compromise upon the following questions
documents or things offered in evidence are excluded
shall be valid:
by the court, the offeror may have the same attached
1. The civil status of persons;
to or made part of the record. If the evidence excluded
2. The validity of a marriage or a legal separation;
is oral, the offeror may state for the record the name
3. Any ground for legal separation;
and other personal circumstances of the witness
4. Future support;
and the substance of the proposed testimony.
5. The jurisdiction of courts;
6. Future legitime.
SECTION 7. Agreed Statement of Facts. — The parties to any
You assail an interlocutory order, because you take the
action may agree, in writing, upon the facts involved in the
position that there was GADALEJ. You filed a petitioner for
litigation, and submit the case for judgment on the facts
certiorari for that interlocutory order. Ground to suspend
agreed upon, without the introduction of evidence. If the
the proceedings? YES. Provided that there is a TRO or
parties agree only on some of the facts in issue, the trial shall be
injunction.
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SECTION 9. Judge to Receive Evidence; Delegation to Clerk

of Court. — The judge of the court where the case is pending
shall personally receive the evidence to be adduced by the
parties.

However, in default or ex parte hearings, and in any case where

the parties agree in writing, the court may delegate the reception
of evidence to its clerk of court who is a member of the bar.

The clerk of court shall have no power to rule on objections

to any question or to the admission of exhibits, which objections
shall be resolved by the court upon submission of his or her
report and the transcripts within 10 calendar days from
termination of the hearing.

GR: The judge shall personally receive and resolve the evidence
to be adduced by the parties

XPN: The reception of such evidence may be delegated by the

judge to its clerk of court in:
a. Default proceedings;
b. Ex parte hearings;
c. In any cases where the parties agree in writing

RIG: In a hearing to a motion to dismiss, may the judge

delegate the reception of evidence to the clerk of court? NO,
it is not an ex parte motion, unless the parties agree in writing to
the delegation.
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RULE 31 WHERE THE LOWER DOCKET NUMBER IS FILED.

CONSOLIDATION OR SEVERANCE In the example, Case 11 is lower, thus it will be
consolidated in Branch 1.
SECTION 1. Consolidation. — When actions involving a
common question of law or fact are pending before the court, Ø DIFFERENT COURTS OF EQUAL JURISDICTION IN
it may order a joint hearing or trial of any or all the matters in DIFFERENT REGIONAL DISTRICTS – MAY BE
issue in the actions; it may order all the actions consolidated; ORDERED BY THE SC on consideration of judicial
and it may make such orders concerning proceedings economy and for the convenience of the parties, for
therein as may tend to avoid unnecessary costs or delay. cases involving substantially the same parties and
issues and have a common question of fact or law
CONSOLIDATION
Ø It is when the court orders several actions pending WAYS OF CONSOLIDATING
before it to be tried together where they arise from the 1. By recasting the cases already instituted — by
same act, event or transaction, involve the same or like amending the pleading and dismissing some cases
issues, and depend largely or substantially on the and retaining only one case. There must be joinder of
same evidence, provided that the court has jurisdiction causes of action and of parties.
over the cases to be consolidated and that a joint trial
will not give one party an undue advantage or prejudice 2. By consolidation proper or by consolidating the
the substantial rights of any of the parties. existing cases — joint trial with joint decision, the
cases retaining their original docket numbers; and
VIS-À-VIS JOINT TRIAL: consolidation of actions includes a
situation wherein some of the consolidated cases are decided 3. By test-case method — by hearing only the principal
without trial but according to the result of the one selected case and suspending the hearing on the other cases
until judgment has been rendered in the principal case.
Act or process of uniting several actions into one trial and The cases retain their original docket numbers.
judgment, by order of court; or the court may order that one of
the actions be tried, and the others decided without trial KINDS OF CONSOLIDATION
according to the judgment in the one selected. 1. Quasi-consolidation – where all, except one of the
several of actions are stayed until one is tried, in which
procedural device granted to the court as an aid in deciding how case the judgment in one trial is conclusive as to the
cases in its docket are to be tried so that the business of the others;
court may be dispatched expeditiously and with economy while
providing justice to the parties. To promote this end, the rule 2. Actual Consolidation — where several actions are
permits the consolidation and a single trial of several cases in combined into one, lose their separate identity, and
the court's docket, or the consolidation of issues within those become a single action in which a single judgment is
cases. entered; EX: several actions are pending between the
same parties stating claims which might have been set
PURPOSE out originally in one complaint
To avoid multiplicity of suits, to guard against oppression or
abuse, to prevent delays, to clear congested dockets, to simplify 3. Consolidation for Trial — where several actions are
the work of the trial court; in short, the attainment of justice with ordered to be tried together, but each retains its
the least expense and vexation lo the parties litigants. separate character, and requires an entry of a separate
judgment
GR: DISCRETIONARY; Consolidation of actions is addressed
to the sound discretion of the court and its action in consolidating Ø Consolidation of cases on appeal and assigned to
will not be disturbed in the absence of manifest abuse of different divisions of the SC and the CA is also
discretion. authorized

XPN: MANDATORY – when it involves the same parties Ø Consolidated cases may be appealed separately
and the same subject matter
SECTION 2. Separate Trials. — The court, in furtherance of
Ø CASES PENDING BEFORE DIFFERENT convenience or to avoid prejudice, may order a separate trial
BRANCHES OF THE SAME COURT – may be of any claim, cross-claim, counterclaim, or third-party complaint,
consolidated. The rules do not distinguish between or of any separate issue or of any number of claims,
cases filed before the same branch or judge and those crossclaims, counterclaims, third-party complaints or issues.
that are pending in different branches, or before
different judges of the same court, in order that RIG: On different dates in January 1986, 3 radio
consolidation may be proper, as long as the cases commentators announced that the plaintiff was a drug lord.
involve the resolution of questions of law or facts in The plaintiff wanted to sue them for libel. May the plaintiff
common with each. file a complaint wherein he joins his causes of action for
libel against the three radio commentators? No. The joinder
Example: Cases consolidated before Branch 1 (Case of causes of action did not comply with the rule on joinder of
11) and Branch 2 (Case 12) of the RTC of Makati, if the parties which requires that the right to relief arises from the same
requisites are present, may be consolidated. If transaction or series of transactions. Assume that the plaintiff
consolidation is granted, the case will be consolidated decides to file separate cases for libel against the radio
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commentators. May he subsequently move for a joint trial • Neither he nor any other person then present or
or for the consolidation of the cases? Yes since there is a assisting him coached the witness regarding the latter’s
common question of law or fact, i.e., whether P is a drug lord or answers
not and whether the radio broadcasts are libelous.
Ø false attestation shall subject the lawyer mentioned to
JUDICIAL AFFIDAVIT RULE disciplinary including disbarment.

Atty: In the JA, the purpose of the testimony will be indicated. FAILURE TO COMPLY WITH REQUIREMENTS
Usually the purpose is “subject to cross-examination”. If offered, - The court shall not admit as evidence judicial affidavits
the purpose may be objected to if it is irrelevant such as when it that do not conform to requirements
is to prove a matter not alleged in the complaint. The adverse - A party who fails to submit the required judicial
party will be given 5 days from receipt to study the JA where they affidavits and exhibits on time shall be deemed to have
can check if there are objectionable questions such as leading waived their submission. (witness will just make a
questions. statement not in a Q&A format)
- The court may, however, allow only once the late
- must be attached in the complaint or answer submission of the same provided, the delay is for a
valid reason, would not unduly prejudice the opposing
- submitted only for orderly procedure but it is not party, and the defaulting party pays a fine of not less
yet offered for evidence; it is formally offered when than P1,000 nor more than P5,000, at the discretion of
the witness is called to testify and the objections to its the court.
admission must be oral - The court shall not consider the affidavit of any witness
who fails to appear at the scheduled hearing of the
- Before trial, objections must be manifested or filed in case as required.
writing objecting to each question so that you can strike - Counsel who fails to appear without valid cause despite
out for being in violation of the rules notice shall be deemed to have waived his client's right
to confront by cross-examination the witnesses there
COVERAGE: ALL COURTS except for small claims cases present.

FORM AND CONTENTS: SUCCESSIVELY NUMBERED AND LETTERED

- prepared in the language known to the witness and, if exhibits must be attached and it should be successively
not in English or Filipino, accompanied by a translation numbered or lettered. [If you attach 5 exhibits à “A to E”, second
in English or Filipino JA should continue à “F, G . . . ” If it already exceeds “Z”, you
- name, age, residence or business address and can continue with “AA-ZZ”]
occupation of the witness
- name and address of the lawyer who conducts or Ø mistake: fine (correctible only once)
supervises the examination of the witness and the
place where the examination is being held COURT’S OBLIGATION
- statement that the witness is answering the questions The court shall take an active part in examining the witness. The
asked for him, fully conscious that he does not so under court is not just passive in receiving evidence, it is mandated
oath, and that he may face criminal liability for false shall to take an active part in examine the witness in determining
testimony or perjury his credibility. Before direct examination is made orally, now it is
- Questions asked of the witness and his corresponding made on paper, so the court must be able to test the credibility
answers consecutively numbered, that: and for it to be able to rule on the case.
b. Show the circumstances which the witness
acquired the facts upon which he testifies ALL WITNESSES SHOULD EXECUTE AFFIDAVITS
c. Elicit from him those facts which are relevant to XPN: (may be directly examined even without JA)
the issues that the case presents and • witness of the adverse party
d. Identify the attached documentary object and • hostile witness
evidence and establish their authenticity in
accordance with the Rules of Court Ø If the requested witness, who is neither the witness of
- Signature of witness over his printed name the adverse party nor a hostile witness, unjustifiably
- jurat with the signature of the notary public who declines to execute a judicial affidavit or refuses
administers the oath or an officer who is authorized by without just cause to make the relevant books,
law to administer the same documents, or other things under his control available
for copying, authentication, and eventual production in
Ø does not need to be the original provided that it has to court, the requesting party may avail himself of the
be authenticated you need to warrant the due issuance of a subpoena ad testificandum or duces
execution and the authenticity in the judicial affidavit tecum under Rule 21. The rules governing the issuance
of a subpoena to the witness in this case shall be the
OTHER REQ: same as when taking his deposition except that the
LAWYERS ATTESTATION: taking of a judicial affidavit shall be understood to be
• He faithfully recorded or caused to be recorded the ex parte.
questions he asked and the corresponding answers
that the witness gave; and So if it is the requested witness, you can just subpoena. But if it
is an adverse party witness, he can also ask for a subpoena but
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HE MUST FIRST BE SERVED WITH WRITTEN Ø Except on rebuttal, no witness shall be allowed to testify
INTERROGATORIES. Otherwise, he cannot be presented. unless his or her judicial affidavit was submitted in accordance
with this provision.
Ø The judicial affidavit shall take the place of the direct testimony
JAR IN CRIMINAL ACTIONS
of a witness.
Section 9. Application of rule to criminal actions. –
Ø However, instead of judicial affidavits, the prosecution may
submit the written sworn statements of the complainant and/
(a) This rule shall apply to all criminal actions:
or the witnesses prepared by the law enforcement agents
1) Where the maximum of the imposable penalty does not
assigned to the case, or the affidavits submitted to the public
exceed six years;
prosecutor during preliminary investigation. If the
2) Where the accused agrees to the use of judicial affidavits,
prosecution chooses this option, the prosecutor shall not
irrespective of the penalty involved;
be allowed to ask additional direct examination questions
3) With respect to the civil aspect of the actions, whatever the
of the complainant and or the witnesses, except for
penalties involved are.
meritorious reasons. The sworn statements and affidavits
shall stand as the direct testimony of the affiants,
(b) The prosecution shall submit the judicial affidavits of its witnesses
supplemented by additional direct examination if allowed by
not later than 5 days before the pre-trial, serving copies of the same
the court.
upon the accused. The complainant or public prosecutor shall attach to
the affidavits such documentary or object evidence as he may have,
FORM OF TESTIMONY
marking them as Exhibits A, B, C, and so on. No further judicial affidavit,
documentary, or object evidence shall be admitted at the trial.
A.M. No. 15-06-10-SC
Revised Guidelines for Continuous Trial of Criminal Cases
(c) If the accused desires to be heard on his defense after receipt of the
judicial affidavits of the prosecution, he shall have the option to submit
For First Level Courts
his judicial affidavit as well as those of his witnesses to the court within
In all criminal cases, including those covered by the Rule on Summary
10 days from receipt of such affidavits and serve a copy of each on the
Procedure, the testimonies of witnesses shall consist of:
public and private prosecutor, including his documentary and object
Ø duly subscribed written statements given to law enforcement
evidence previously marked as Exhibits 1, 2, 3, and so on. These
or peace officers or the affidavits or counter-affidavits
affidavits shall serve as direct testimonies of the accused and his
submitted before the investigating prosecutor
witnesses when they appear before the court to testify.
Ø if not available à testimonies shall be in the form of judicial
affidavits, subject to additional direct and cross-examination
USE OF JUDICIAL AFFIDAVITS AND SWORN STATEMENTS IN
questions
CRIMINAL CASES UNDER SUMMARY PROCEDURE
The trial prosecutor may dispense with the sworn written statements
OCA Circular No. 69-2022
submitted to the law enforcement or peace officers and prepare the
Rules on Expedited Procedures in First Level Courts
judicial affidavits of the affiants or modify or revise the said sworn
statements before presenting it as evidence.
CIVIL: The complaint shall state the following:
• names of the affiants whose judicial affidavits will be presented to prove the For Second Level Courts, Sandiganbayan and Court of Tax
plaintiff's claim
Appeals
• judicial affidavits shall be attached to the complaint and form an integral part In criminal cases where the demeanor of the witness is not essential in
thereof; if not attached it shall not be considered determining the credibility of said witness (ex: forensic chemists,
• summary of the statements in the judicial affidavits medico-legal officers, investigators, auditors, accountants, engineers,
• documentary and other object evidence custodians, expert witnesses) who will testify on the authenticity, due
• whether the plaintiff consents to service by electronic means or facsimile
execution and the contents of public documents and reports, AND in
and, if so, the plaintiff's e-mail addresses or facsimile numbers criminal cases that are transactional in character (ex: falsification,
malversation, estafa, or other crimes where the culpability or innocence
CRIMINAL: of the accused can be established through documents), the testimonies
The complaint or information shall be accompanied by the judicial of the witnesses shall be:
affidavits of the complainant and of his or her witnesses, in such number Ø duly subscribed written statements given to law enforcement
of copies as there are accused, plus 1 copy for the court. or peace officers or the affidavits or counter-affidavits
submitted before the investigating prosecutor
Duty of court; Judicial Affidavits. – Ø If not available à testimonies shall be in the form of judicial
(a) If commenced by complaint. - On the basis of the complaint affidavits, subject to additional direct and cross-examination
and the judicial affidavits and other evidence accompanying questions
the same, the court may dismiss the case outright for lack of In all other cases where the culpability or the innocence of the accused
probable cause and order the release of the accused if in is based on the testimonies of the alleged eyewitnesses, the testimonies
custody. of these witnesses shall be in oral form.

(b) If commenced by information. - When the case is commenced SUMMARY OF OFFERRING TESTIMONIAL EVIDENCE:
by information, or is not dismissed pursuant to paragraph (a), • Submission of JA to the court and parties 5 days before trial
the court shall issue an order which, together with copies of • During trial, calling of witness to testify
the resolution of the investigating officer and the judicial
affidavits and other evidence submitted by the prosecution, • Formal offer of testimonial evidence
shall require the accused to submit a judicial counter-affidavit • Oral objections
and the judicial affidavits of his or her witnesses, as well as • Ruling on admissibility, sustain or strike out
any other evidence in his or her behalf, within 15 calendar
days from receipt of the order. The accused shall serve copies
• If sustained, demurrer of evidence
thereof on the private complainant and the public prosecutor
within the same period.
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RULE 32
TRIAL BY COMMISSIONER a) When the trial of an issue of fact requires the
examination of a long account on either side, in
Delegation to Clerk of Trial by Commissioner which case the commissioner may be directed to hear
Court (R30 S9) (R32) and report upon the whole issue or any specific
must be a lawyer need not be a lawyer question involved therein;
cannot rule on objections or Commissioner can rule on
admissibility of evidence. He objections or on admissibility b) When the taking of an account is necessary for the
is only mandated to receive of evidence information of the court before judgment, or for
them carrying a judgment or order into effect;
Delegation is made during Commissioner can be
trial. appointed even after the c) When a question of fact, other than upon the
case has become final and pleadings, arises upon motion or otherwise, in any
executory. stage of a case, or for carrying a judgment or order into
effect.
SECTION 1. Reference by Consent. — By written consent of
both parties, the court may order any or all of the issues in a SECTION 3. Order of Reference; Powers of the
case to be referred to a commissioner to be agreed upon by the Commissioner. — When a reference is made, the clerk shall
parties or to be appointed by the court. As used in these Rules, forthwith furnish the commissioner with a copy of the order of
the word "commissioner" includes a referee, an auditor and reference.
an examiner.
The order may specify or limit the powers of the commissioner,
WHEN A CASE MAY BE REFERRED BY THE COURT TO A and may direct him or her to report only upon particular issues,
COMMISSIONER or to do or perform particular acts, or to receive and report
evidence only, and may fix the date for beginning and closing
• DISCRETIONARY: By order of the court, a case may be the hearings and for the filing of his or her report.
referred to a commissioner:
a. By written consent of both parties Subject to the specifications and limitations stated in the order,
b. By motion of either party or on court’s initiative in the commissioner has and shall exercise the power to regulate
the following cases if the parties do not consent: the proceedings in every hearing before him or her and to do all
a. When trial of an issue on fact requires the acts and take all measures necessary or proper for the efficient
examination of a long account on either side performance of his or her duties under the order. He or she may
b. When taking of an account is necessary for issue subpoenas and subpoenas duces tecum, swear
the information of the court before judgement, witnesses, and unless otherwise provided in the order of
or for carrying a judgement or order into effect reference, he or she may rule upon the admissibility of evidence.
c. When a question of fact, other than upon the The trial or hearing before him or her shall proceed in all
pleadings, arises upon motion or otherwise, in respects as it would if held before the court.
any stage of a case, or for carrying a
judgement or order into effect CONTENTS OF ORDER OF REFERENCE
1. Specify or limit the powers of the commissioner;
Ex. 2. Direct the commissioner to:
1. Settlement of the estate of a deceased person in a. Report only upon particular issues;
case of trial of contested claims b. Do or perform particular acts; or
c. Receive and report evidence only
2. The hearing for the approval of the executor or 3. Fix the date for beginning and closing the hearings and
administrator’s accounting can be delegated to a for filing his report.
commissioner
POWERS OF COMMISSIONER
• MANDATORY: Subject to the other specifications and limitations stated in the
o In expropriation proceedings, the court shall order of reference, the commissioner has and shall:
appoint no more than 3 commissioners for the 1. Exercise the power to regulate the proceedings in
purpose of determining just compensation every hearing before him and to do all acts and take
o In partition cases, where the parties are unable to necessary measures necessary or proper for the
agree upon a partition efficient performance of his duties
2. Issue subpoenas and subpoena duces tecum
NOTE: An irregularity in the appointment of a commissioner 3. Swear witnesses
must be seasonably raised in the trial court where the defect 4. Rule on admissibility of evidence, unless otherwise
could still be remedied. It can be waived by consent of the provided in the order
parties, express or implied. 5. Do all acts and take all measures necessary or proper
for the efficient performance of his duties
SECTION 2. Reference Ordered on Motion. — When the
parties do not consent, the court may, upon the application Ø If reception of evidence was delegated to the
of either or of its own motion, direct a reference to a commissioner, he can rule upon the objections unless
commissioner in the following cases: otherwise stated in the order of reference
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SECTION 4. Oath of Commissioner. — Before entering upon or requiring the parties to present further evidence before
his or her duties the commissioner shall be sworn to a faithful the commissioner or the court.
and honest performance thereof.
SECTION 12. Stipulations as to Findings. — When the parties
SECTION 5. Proceedings before Commissioner. — Upon stipulate that a commissioner's findings of fact shall be final,
receipt of the order of reference unless otherwise provided only questions of law shall thereafter be considered.
therein, the commissioner shall forthwith set a time and place for
the first meeting of the parties or their counsel to be held within
10 calendar days after the date of the order of reference and SECTION 13. Compensation of Commissioner. — The court
shall notify the parties or their counsel. shall allow the commissioner such reasonable compensation as
the circumstances of the case warrant, to be taxed as costs
SECTION 6. Failure of Parties to Appear before against the defeated party, or apportioned, as justice requires.
Commissioner. — If a party fails to appear at the time and place
appointed, the commissioner may proceed ex parte OR, in his
or her discretion, adjourn the proceedings to a future day, giving
notice to the absent party or his or her counsel of the
adjournment.

SECTION 7. Refusal of Witness. — The refusal of a witness to

obey a subpoena issued by the commissioner or to give
evidence before him or her, shall be deemed a contempt of the
court which appointed the commissioner.
Ø Refusal constitutes an indirect contempt under S3R71

SECTION 8. Commissioner Shall Avoid Delays. — It is the

duty of the commissioner to proceed with all reasonable
diligence. Either party, on notice to the parties and
commissioner, may apply to the court for an order requiring the
commissioner to expedite the proceedings AND to make his
or her report.

SECTION 9. Report of Commissioner. — Upon the

completion of the trial or hearing or proceeding before the
commissioner, he or she shall file with the court his or her report
in writing upon the matters submitted to him or her by the order
of reference.

When his or her powers are not specified or limited, he or

she shall set forth his or her findings of fact and
conclusions of law in his or her report.

He or she shall attach thereto all exhibits, affidavits, depositions,

papers and the transcript, if any, of the testimonial evidence
presented before him or her.

SECTION 10. Notice to Parties of the Filing of Report. —

Upon the filing of the report, the parties shall be notified by the
clerk, and they shall be allowed 10 calendar days within which
to signify grounds of objections to the findings of the report,
if they so desire.

Objections to the report based upon grounds which were

available to the parties during the proceedings before the
commissioner, other than objections to the findings and
conclusions therein set forth, shall not be considered by the
court unless they were made before the commissioner.

SECTION 11. Hearing upon Report. — Upon the expiration

of the period of 10 calendar days referred to in the preceding
section, the report shall be set for hearing, after which the court
shall issue an order adopting, modifying, or rejecting the
report in whole or in part, or recommitting it with instructions,
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RULE 33 EFFECT OF DEMURRER TO EVIDENCE; REMEDIES

DEMURRER TO EVIDENCE
DENIAL GRANT
SECTION 1. Demurrer to Evidence. — After the plaintiff has Proceed to present evidence Case will be dismissed as if
completed the presentation of his or her evidence, the there was a judgment of
defendant may move for dismissal on the ground that UPON dismissal; (tantamount to a
THE FACTS AND THE LAW THE PLAINTIFF HAS SHOWN final disposition of case)
NO RIGHT TO RELIEF.
If on appeal the order of
If his or her motion is denied, he or she shall have the right to dismissal is reversed, right to
present evidence. present evidence is
DEEMED WAIVED
If the motion is granted but on appeal the order of dismissal is The court should set the date for the reception of the
reversed, he or she shall be deemed to have waived the right to defendant’s evidence-in-chief. It should not proceed to grant
present evidence. the relief demanded by the plaintiff.
REMEDY: present REMEDY: appeal by plaintiff
Ø a motion to dismiss filed by the defendant after the countervailing evidence
plaintiff rests his case (completed the presentation of his against the evidence If reversed on appeal à
evidence) on the ground of insufficiency of evidence adduced by the plaintiff appellate court shall proceed
(that upon the facts and the law the plaintiff has shown no to render judgement on the
right to relief) Adverse judgement à basis of plaintiff’s evidence
Ø authorizes a judgment on the merits of the case defendant may include in the and NOT remand the case to
without the defendant having to submit evidence on appeal the issues raised in the trial court
his part, as he would ordinarily have to do if plaintiff's the demurrer
evidence shows that he is not entitled lo the relief sought
Ø if the defendant honestly believes that the plaintiff has not DENIAL OF DEMURRER
proven the elements of his cause of action, instead of TO EVIDENCE IS AN
presenting his evidence, he may move for dismissal of the INTERLOCUTORY ORDER,
case on said ground appeal, certiorari,
mandamus, prohibition not
Ø evidence contemplated by the rule is that which allowed
pertains to the merits of the case
DEMURRER TO FAILURE TO STATE A
Ø In passing upon the sufficiency of the evidence, the EVIDENCE CAUSE OF ACTION
court is merely required to ascertain: Insufficiency of factual basis Insufficiency of the
Ø whether there is competent or sufficient proof for the action; evidence does allegations in the pleading
to sustain the judgment not prove the cause of action
Ø whether the plaintiff is entitled to the relief alleged (lack of cause of
prayed for based on the facts and the law action)
REMEDY à motion to REMEDY à motion to
Ø A dismissal on the basis of a demurrer to evidence is dismiss after the plaintiff dismiss before a responsive
similar to a judgment: it is a final order ruling on the rests his case pleading (answer) is filed
merits of a case. If denied, defendant present If denied, defendant may file
evidence responsive pleading
WHEN FILED: “after the plaintiff has completed the presentation If granted, complaint may not If granted, complaint may be
of his evidence” à after the court rules on the formal offer of be refiled refiled depending on the
DOCUMENTARY evidence (which comes after the formal offer ground
of testimonial evidence), otherwise if it is before offer of
documentary evidence, it is premature to conclude that the SECTION 2. Action on Demurrer to Evidence. — A demurrer
evidence presented is insufficient to evidence shall be subject to the provisions of Rule 15.

The order denying the demurrer to evidence shall not be subject

PURPOSE: To discourage prolonged litigations. It is an aid of
of an appeal or petition for certiorari, prohibition or mandamus
instrument for the expeditious termination of an action similar to
before judgment.
a motion to dismiss
Rule 15:
BASIS OF COURT’S RULING ON DEMURRER TO
• Demurrer to evidence is a litigious motion
EVIDENCE: DEFENDANT CANNOT PRESENT EVIDENCE IN
SUPPORT OF THE MOTION. The insufficiency must be • The motion shall be served by personal service,
considered as to entitlement of relief based on the facts and the accredited private courier or registered mail, or
law. The “facts” are the evidence of the plaintiff and all means of electronic means as to ensure their receipt by the other
ascertaining matters in judicial proceedings such as judicial party. No written motion shall be acted upon by the
admissions, matters of judicial notice, stipulations made during court without proof of service thereof.
the pre-trial and trial, admissions, and presumptions, the only • The opposing party shall file his or her opposition to the
exclusion being the defendant's evidence motion within 5 calendar days from receipt thereof. No
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other submission shall be considered by the court in the previously scheduled dates to
present evidence shall be CANCELLED
the resolution of the motion.
• The motion shall be resolved by the court within 15 Denial of demurrer itself: submission
of the case for judgment on the basis of
calendar days from its receipt of the opposition or upon the evidence on record
expiration of the period to file such opposition.
• The court may, in the exercise of its discretion, and if GRANTED
ACQUITTAL
deemed necessary for its resolution, call a hearing on Ø Accused has right to adduce evidence on the civil aspect of the case
the motion. The notice of hearing shall be addressed to Ø He does not need to adduce evidence on the criminal aspect because evidence
all parties concerned and shall specify the time and on guilt is already declared insufficient
date of the hearing RATIO FOR FORFEITURE OF RIGHT TO PRESENT EVIDENCE: When accused
• No written motion shall be acted upon by the court moves for demurrer, he does so in the belief that said evidence is insufficient, therefore,
need for him to present evidence is negated. He cannot be allowed to wager on the
without proof of service thereof outcome of judicial proceedings by espousing consistent viewpoints whenever
convenient.
DEMURRER IN CIVIL CASES vs CRIMINAL CASES (RULE
TO DETERMINE WHETHER MOTION TO DISMISS IS REALLY A DEMURRER,
119, SEC. 23) consider:
1. The allegations made in good faith
2. The stage of the proceeding at which it is filed
DEMURRER IN CIVIL DEMURRER IN CRIMINAL 3. The primary objective of the party filing it
CASE CASE
Leave of court not required filed with or without leave of When you file to motion to leave, should you attach the demurrer to Evidence? Yes
court Can you appeal the denial or granting of the motion to leave? No, and can’t be
If granted, order of dismissal If granted, it results to an appealed or reviewable by appeal or certiorari. Remedy? File without leave of court or
just present evidence
is appealable acquittal; not appealable on
the ground of double What is the period in which you filed for motion to leave to file demurrer to
jeopardy Evidence? Within 5 days after the prosecution rest its case

If denied, defendant may If denied, accused may Is it mandatory to you to file a motion to leave to file demurrer to Evidence or you
proceed to present his adduce evidence only if the can just demurrer to Evidence? It is mandatory, it should be attached together with the
motion
evidence demurrer is filed with leave of
court. If filed without, he Demurrer to Evidence is already granted with leave of court. What is the effect?
cannot adduce evidence. The case will be dismissed and the accused is acquitted and the accused has the right
to adduce evidence on the civil aspect of the case unless the court also declares that the
The court cannot motu Court may make demurrer on act or omission from which civil liability may arise did not exist.
proprio make a demurrer its own initiative (AMENDED
If the court issues an order or render judgement not only granting the demurrer to
à after the prosecution rests evidence and acquitting him but also on his civil liability the private offense party, said
its case, the court shall judgement on the civil aspect would be nullity for the right of the accused to due process
inquire from the accused if he is violated.
desires to move for leave of RIG:
court to file a demurrer or
proceed with presentation of The court has rendered judgment in a case. The defendant’s motion for new trial
was granted. Instead of presenting new evidence, the defendant filed a demurrer
his evidence. Rules do not to evidence. Effect? The demurrer may not be given due course and the motion for new
provide if court can dismiss trial is deemed abandoned. Being considered a motion to dismiss, a demurrer to
evidence must clearly be filed before the court renders its judgment. And since the
motu proprio) [Revised defendant did not present new evidence in lieu of its motion for new trial, he is deemed
Guidelines for Continuous to have abandoned his motion for new trial and thus the judgment of the trial court stands.
Trial]
Plaintiff finance company filed case against defendant. The defendant filed a
demurrer to evidence. The trial court granted the demurrer and dismissed the
CRIMPRO NOTES JUST IN CASE: complaint. On appeal, the CA reversed it and ordered the remand of the case to
the trial court for further proceedings. Was the Court of Appeal's remand order
The order denying the motion for leave of court to file demurrer to evidence or the proper? No. The CA had enough evidence on record to decide the case. To remand the
demurrer itself shall NOT be reviewable by appeal or by certiorari before judgment. case for the defendant to present evidence before the court a quo would be to circumvent
(Though in the GMA case, demurrer itself may be assailed by certiorari) the provisions of S1 R33 which provide that the defendant is deemed to have waived the
right to present evidence.
DEMURRER TO EVIDENCE: motion to dismiss due to insufficiency of the evidence of
the prosecution to overturn the presumption of innocence of the accused

TEST OF SUFFICIENCY: Evidence must prove beyond reasonable doubt:

1. The commission of the crime
2. The precise degree of participation

Ø The court in passing upon the sufficiency is merely required to ascertain

whether THERE IS COMPETENT/SUFFICIENT EVIDENCE TO SUSTAIN
THE INDICTMENT OR SUPPORT A VERDICT OF GUILT

Ø Evidence must be formally offered

PERIOD: 5 DAYS AFTER PROSECUTION RESTS ITS CASE – not necessarily after the
presentation of the last witness, since after they testify they will formally offer
documentary evidence and the court will rule on which will be admitted à AFTER SUCH
RULING, THE PROSECUTION RESTED ITS CASE IN TERMS OF DEMURRER TO
EVIDENCE; opposition? Within 5 days after the receipt of the notice.

DENIED
WITH LEAVE OF COURT W/O LEAVE OF COURT
Denial of demurrer: Accused shall still Denial of motion for leave: If the
present evidence accused insists on filing the demurrer,
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RULE 34 • opposing party shall file his or her opposition within 5

JUDGEMENT ON THE PLEADINGS calendar days from receipt thereof
• motion shall be resolved by the court within 15 calendar
Ø A judgment that is exclusively based on the submitted days from receipt of the opposition or upon expiration
pleadings, without the introduction of evidence as the of the period to file such
factual issue remains uncontroverted • court may call a hearing on the motion
• order granting the motion – INTERLOCUTORY; NOT
Ø Does not come into operation when no answer is served SUBJECT TO APPEAL OR CERTIORARI,
and filed PROHIBITION, MANDAMUS
• court will render judgment on the pleadings à final
SECTION 1. Judgment on the Pleadings. — Where an judgment; appealable
answer FAILS TO TENDER AN ISSUE, or otherwise ADMITS
THE MATERIAL ALLEGATIONS OF THE ADVERSE MOTU PROPRIO JUDGEMENT ON THE PLEADINGS:
PARTY'S PLEADING, the court may, on motion of that party, • Rule 34, Section 2: if it is apparent that the answer fails to
direct judgment on such pleading. tender an issue, or otherwise admits the material
allegations of the adverse party's pleadings
However, in actions for declaration of nullity or annulment of
marriage or for legal separation, the material facts alleged in the • Rule 18, Section 7: Pre-Trial Order. The order shall include:
complaint shall always be proved. (i) A statement that the court shall render judgment on the
pleadings or summary judgment as the case may be.
“Fails to tender an issue / “admits material allegations”:
• expressly admits the truth of such allegations • Rule 18, Section 10: Judgment after pre-trial - Should there
• fails to make specific denial of material allegations as set be no more controverted facts, or no more genuine issue as
out in Secs. 8 and 10, Rule 8 resulting in admission to any material fact or an absence of any issue, or should
• omitting to deal with them at all the answer fail to tender an issue, the court shall, without
prejudice to a party moving for judgment on the pleadings
TEST: whether or not there are issues of fact generated by the under Rule 34 or summary judgment under Rule 35, motu
pleadings; whether issues of fact exists depends on how the proprio include in the pre-trial order that the case be
answer has dealt with the ultimate alleged facts in the complaint. submitted for summary judgment or judgment on the
If the defendant admits all the ultimate facts in the complaint, pleadings, without need of position papers or memoranda.
then such facts, being undisputed, will no longer require In such cases, judgment shall be rendered within 90
evidence. Hence, upon proper motion, the court may be asked calendar days from termination of the pre-trial. The order of
to render a judgment based on the pleadings. A trial, in this case, the court to submit the case for judgment pursuant to this
is dispensed with. Rule shall not be the subject to appeal or certiorari.
A Motion for Judgment on the Pleadings is one that may be GROUNDS:
considered ex parte because, upon particular facts thus • ACTIONABLE DOCUMENT NOT SPECIFICALLY DENIED; Rule
presented and laid before the court, the plaintiff is entitled to 8, Sec. 8 - When an action or defense is founded upon a written
judgment. instrument, or attached to the corresponding pleading as provided
in the preceding section, the genuineness and due execution of
the instrument shall be deemed admitted unless the adverse
NOTE: Immaterial allegations in a pleading and allegations as party, under oath specifically denies them, and sets forth what he
to the amount of unliquidated damages are not deemed or she claims to be the facts; but the requirement of an oath does
admitted when not specifically denied not apply when the adverse party does not appear to be a party to
the instrument or when compliance with an order for an inspection
SECTION 2. Action on Motion for Judgment on the of the original instrument is refused.
Pleadings. — The court may motu proprio or on motion • MATERIAL ALLEGATIONS NOT DENIED BY SETTING FORTH
render judgment on the pleadings if it is apparent that the THE FACTS; Rule 8, Sec. 10 - A defendant must specify each
answer fails to tender an issue, or otherwise admits the material material allegation of fact the truth of which he or she does not
allegations of the adverse party's pleadings. Otherwise, the admit and, whenever practicable, shall set forth the substance of
motion shall be subject to the provisions of Rule 15 of these the matters upon which he or she relies to support his or her
denial. Where a defendant desires to deny only a part of an
Rules. averment, he or she shall specify so much of it as is true and
material and shall deny only the remainder. Where a defendant is
Any action of the court on a motion for judgment on the without knowledge or information sufficient to form a belief as to
pleadings shall not be subject of an appeal or petition for the truth of a material averment made to the complaint, he or she
certiorari, prohibition or mandamus. shall so state, and this shall have the effect of a denial.

• MATERIAL AVERMENTS NOT SPECIFICALLY DENIED; Rule 8,

MOTION FOR JUDGEMENT ON THE PLEADINGS (Rule 15 Sec. 11 - Material averments in a pleading asserting a claim or
applies, litigious motion – court cannot render a judgement claims, other than those as to the amount of unliquidated
without prejudice to the other party) damages, shall be deemed admitted when not specifically denied.
• file motion
• motion shall be served by personal service, accredited WHEN PROHIBITED
private courier or registered mail, or electronic means • A.M. No. 02-11-10-SC – Declaration of nullity and
as to ensure their receipt by the other party annulment
Section 17. Trial. – (2) The grounds for declaration of
absolute nullity or annulment of marriage must be
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proved. No judgment on the pleadings, summary defendant's answer admitted the material allegations of the
judgment, or confession of judgment shall be allowed. complaint since the same were not specifically denied.
Defendant's denial for lack of knowledge or information did not
• A.M. No. 02-11-11-SC – Legal Separation amount to a specific denial whether or not he executed the deed
Sec. 14. Trial. - (b) The grounds for legal separation of sale was a matter which was plainly within his knowledge.
must be proved. No judgment on the pleadings, Furthermore, defendant impliedly admitted the genuineness and
summary judgment, or confession of judgment shall be due execution of the deed of sale, an actionable document,
allowed. when he failed to specifically deny it under oath.

SUMMARY JUDGEMENT ON JUDGEMENT BY That the answer is unverified is of no consequence since it is not
JUDGEMENT THE PLEADINGS DEFAULT a pleading that is required to be verified.
Based on the Based solely on Based on the
pleadings, the pleadings complaint and In 2000, Comglasco entered into a 5-year lease contract
affidavits, evidence of the with Santos Car Check Center. 1 year into the lease,
depositions, plaintiff, if Comglasco sent a pretermination notice to Santos Car.
admissions presentation is Santos Car filed a case for breach of contract and damages
required. against Comglasco. In its answer, Comglasco raised the
Filed by either the Filed by the Available to following defenses (a) rebus sic stantibus invoking
claiming or plaintiff or plaintiff or financial difficulties as a result of the 1997 Asian Financial
defending party counterclaimant defendant with Crisis, and (b) legal or physical impossibility to perform the
respect to his prestation under Article 1266. Santos Car filed a motion to
permissive render judgment on the pleadings. May the court grant the
counterclaim motion? Yes. Comglasco's defenses failed to tender an issue.
Involves an absence of a No issue as no An obligation to pay rentals is not the “service” contemplated of
ISSUE but the factual issue answer is field by in Article 1267 nor is it a prestation “to do” envisaged in Article
same is NOT because the the defending 1266. Hence such defenses are sham defenses which failed to
GENUINE as to answer tenders party tender an issue and thus a judgment on the Pleadings was
any material fact NO ISSUE at all proper.
Judgment on the Judgment on the Judgment on the
facts as proven facts as pleaded merits abased on D promised to sell a parcel of land to P for P1 million and P
summarily by the complaint of accepted D's promise. Later on D advised P that he was no
affidavits, the plaintiff and longer interested in selling the land. P filed a complaint for
depositions, or his evidence if specific performance. D filed an answer in which he admits
admissions required to be that he promised to sell the land to P and that P had
presented accepted his promise but alleges that the promise was not
supported by any consideration. P and D jointly moved for
Capitol Motors filed a complaint for sum of money against a judgment on the pleadings. RTC rendered a judgment
Yabut. A copy of the PN upon which the action was based dismissing the complaint stating that the accepted
was attached to the complaint. The complaint alleges that unilateral promise to sell is not binding upon the promisor
Yabut defaulted in the payment of the note. Yabut filed an since it was not supported by any distinct consideration.
answer in which he admits the paragraph regarding his On appeal may P contend that the trial court erred in finding
personal circumstances but “specifically denies” the rest that there was no distinct consideration since cause is
of the allegations for want of knowledge or information presumed in a contract? No. One who prays for judgment on
sufficient to form a belief as to the truth thereof. Capitol the pleadings without offering proof as to the truth of his own
Motors moved for a judgment on the pleadings in its favor, allegations, and without giving the opposing party an opportunity
should the trial court grant the motion? Yes. The third mode to introduce evidence, impliedly admits the truth of all the
of specific denial may not be availed of when the fact as to which material and relevant allegations of the opposing party, and to
want of knowledge or information is claimed is so plainly and rest his motion for judgment on those allegations taken together
necessarily within the defendant's knowledge that his averment with such of his own as are admitted in the pleadings.
of ignorance must be palpably untrue. The defendant must aver
positively or state how it is that he is ignorant of the fact alleged.
Since there is an implied admission of the material averments
of the complaint, a judgment on the pleadings may be rendered.

In a complaint for recovery of real property, the plaintiff

averred, among others, that he is the owner of the said
property by virtue of a deed of sale executed by the
defendant in his favor. Copy of the deed was appended to
the complaint as Annex “A” thereof. In his unverified
answer, the defendant denied the allegation concerning the
sale of the property in question, as well as the appended
deed of sale, for lack of knowledge or information sufficient
to form a belief as to the truth thereof. Is it proper for the
court to render judgment without trial? Explain. Yes. The
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RULE 35 intention nor adequate evidence to prove it. This usually

SUMMARY JUDGMENTS happens in denials made by defendants merely for the sake of
having an issue and thereby gaining delay, taking advantage of
Ø A judgment rendered by a court without full-blown trial the fact that their answers are not under oath anyway.
where, upon a motion filed after the issues had been
joined and on the basis of the pleadings and papers WHEN SUMMARY JUDGEMENT IS NOT ALLOWED
filed, the court finds that there is no genuine issue as • Action for annulment of marriage or declaration of
to any material fact except as to the amount of nullity of marriage
damages • Amount of damages (although summary judgement
may be rendered on the issue of the right to damages)
Ø Also called accelerated judgment; a procedural
technique aimed at weeding out sham claims or Ø summary judgments are made specifically applicable
defenses at an early stage of litigation thereby avoiding to a special civil action for declaratory relief although
the expense and loss of time involved in a trial when technically, there is no claim or cause of action therein.
there is no genuine issues of fact which call for the
presentation of evidence in a full-blown trial NO GENUINE ISSUE FAILURE TO TENDER AN
ISSUE
Ø Even if on their face the pleadings appear to raise When the pleadings on their An answer fails to tender an
issues, when the affidavits show that such issues are face, appear to raise issues a issue if it does not comply
not genuine, then summary judgement must ensue as fact or if it raises a sham with the requirements of a
a matter of law. specific denial

Ø EVEN IF THERE IS A COMPLICATED QUESTION OF Summary judgement Judgment on the pleadings

LAW, if there is no issue as to the facts, summary
judgment is proper Section 1. Summary judgment for claimant. - A party
seeking to recover upon a claim, counterclaim, or cross-claim
Note: litigious or to obtain a declaratory relief may, at any time after the
pleading in answer thereto has been served, move with
PURPOSE: to expedite or promptly dispose of cases where the supporting affidavits, depositions or admissions for a summary
fact appear undisputed and certain from the pleadings, judgment in his or her favor upon all or any part thereof.
depositions, admissions and affidavits
WHEN TO FILE: at any time after the pleading in answer to the
BASES OF SUMMARY JUDGEMENT claim, counterclaim, or crossclaim has been served
1. Affidavits made on personal knowledge
2. Depositions of the adverse party or a third party Section 2. Summary judgment for defending party. - A party
3. Admissions of the adverse party against whom a claim, counterclaim, or cross-claim is asserted
4. Answers to interrogatories or a declaratory relief is sought may, at any time, move with
supporting affidavits, depositions or admissions for a summary
GENUINE ISSUE judgment in his or her favor as to all or any part thereof.
An issue of fact which requires the presentation of evidence as
distinguished from an issue which is sham, fictitious, contrived, WHEN TO FILE: AT ANY TIME
and patently unsubstantial so as not to constitute a genuine
issue for trial. Section 3. Motion and proceedings thereon. - The motion
shall cite the supporting affidavits, depositions or
NO GENUINE ISSUE: admissions, and the specific law relied upon. The adverse
Ø When the facts, as pleaded, appear uncontested party may file a comment and serve opposing affidavits,
or undisputed, then there is no real or genuine depositions, or admissions within a non-extendible period of 5
issue or question as to the facts. calendar days from receipt of the motion. Unless the court
Ø There is no genuine issue on any material fact orders the conduct of a hearing, judgment sought shall be
when there is no factual issue which will require a rendered forthwith if the pleadings, supporting affidavits,
full-dress evidentiary hearing involving depositions and admissions on file, show that, except as to the
presentation of witnesses for regular examination. amount of damages, there is no genuine issue as to any material
The absence of a genuine material factual issue fact and that the moving party is entitled to judgment as a matter
may be established by affidavits, depositions, or of law.
admissions.
Any action of the court on a motion for summary judgment shall
Ø The party who moves for summary judgment has the not be subject of an appeal or petition for certiorari, prohibition
burden of demonstrating clearly the absence of any or mandamus.
genuine issue of fact, or that the issue posed in the
complaint is patently unsubstantial so as not to MOTU PROPRIO SUMMARY JUDGEMENT
constitute a genuine issue for trial.
• Rule 18, Section 7: Pre-Trial Order. The order shall include:
SHAM ISSUE (i) A statement that the court shall render judgment on the
When by its nature it is evident that it cannot be proven, or it is pleadings or summary judgment as the case may be.
such that the party tendering the same has neither any sincere
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evidence, and shall show affirmatively that the affiant is

• Rule 18, Section 10: Judgment after pre-trial - Should there competent to testify to the matters stated therein. Certified true
be no more controverted facts, or no more genuine issue as copies of all papers or parts thereof referred to in the affidavit
to any material fact or an absence of any issue, or should shall be attached thereto or served therewith.
the answer fail to tender an issue, the court shall, without
prejudice to a party moving for judgment on the pleadings Ø Must accompany the motion
under Rule 34 or summary judgment under Rule 35, motu
proprio include in the pre-trial order that the case be Section 6. Affidavits in bad faith. - Should it appear to its
submitted for summary judgment or judgment on the satisfaction at any time that any of the affidavits presented
pleadings, without need of position papers or memoranda. pursuant to this Rule are presented in bad faith, or solely for
In such cases, judgment shall be rendered within 90 the purpose of delay, the court shall forthwith order the
calendar days from termination of the pre-trial. offending party or counsel to pay to the other party the amount
of the reasonable expenses which the filing of the affidavits
The order of the court to submit the case for judgment pursuant caused him or her to incur, including attorney’s fees, it may,
to this Rule shall not be the subject to appeal or certiorari. after hearing further adjudge the offending party or counsel
guilty of contempt.
PARTIAL SUMMARY JUDGMENT
Section 4. Case not fully adjudicated on motion. - If on JUDGMENT ON COMPROMISE
motion under this Rule, judgment is not rendered upon the whole Ø one rendered by the court on the basis of a compromise
case or for all the reliefs sought and a trial is necessary, the agreement entered into between the parties to the action
court may, by examining the pleadings and the evidence before Ø has upon the parties the effect of res judicata; once it has
it and by interrogating counsel, ascertain what material facts received a judicial imprimatur, it is regarded as a
exist without substantial controversy, including the extent to determination of the controversy between the parties and
which the amount of damages or other relief is not in has the force and effect of a final judgment and the court
controversy, and direct such further proceedings in the action as has the ministerial and mandatory duty to implement and
are just. The facts so ascertained shall be deemed established, enforce it.
and the trial shall be conducted on the controverted facts Ø if one of the parties refuses to abide by the compromise,
accordingly. the other party may either:
o enforce the compromise or
NATURE: INTERLOCUTORY; does not result in full o regard it as rescinded and insist upon his
adjudication of all the issues in the case original demand
Ø A partial summary judgment was never intended to be Ø The law does not require a court order for the
considered a "final judgment," as it does not put an end compromise agreement to have to have a res judicata
to an action at law by declaring that the plaintiff either has effect between the parties. However, the compromise
or has not entitled himself to recover the remedy he sues agreement cannot be executed without the agreement
for. being converted into a judicial compromise. There shall
be execution only in compliance with a judicial order
RATIO FOR PARTIAL SUMMARY JUDGMENT: to simplify Ø it is the decision based on a compromise agreement that
the trial process by allowing the court to focus the trial only on is considered a judgment on the merits, not the order
the assailed facts, considering as established those facts pertaining to its execution
which are not in dispute. After this sifting process, the court is Ø doctrine of immutability of judgments also applies if
instructed to issue an order, the partial summary judgment, compromise is approved by the court
which specifies the disputed facts that have to be settled in
the course of trial. In this way, the partial summary judgment ASSAILING: there must be a proper motion to set aside the
is more akin to a record of pre-trial, an interlocutory judgment on the ground that the compromise agreement was
order, rather than a final judgment. obtained either by fraud, violence, intimidation, falsity of
documents, or some other vices of consent; an order denying a
REMEDY: Not being final, the partial summary judgment cannot motion to set aside a judgment is non-appealable
be the subject of appeal, certiorari, or execution. The remedy is
to wait until the court has completely resolved all the issues in a Republic filed a forfeiture case against the heirs of
summary judgment and to appeal therefrom. Ferdinand Marcos. After pre-trial, the Republic filed a
Ø As a rule, the appeal from the partial summary motion for summary judgment. The Respondents argue
judgment shall be taken together with the judgement that, by agreeing to proceed to trial during the pre-trial
that may be rendered in the entire case after a trial is conference, petitioner waived its right to summary
conducted on the material facts on which a substantial judgment. Is the argument of the Respondents correct? No.
controversy exists. If a plaintiff is allowed to move for summary judgment even after
trial and submission of the case for resolution, more so should
Can there be a summary judgement not on the entire case we permit it where petitioner moved for summary judgment
but only on the counterclaim? Yes because the ROC provides before trial. The phrase “any time after the pleading in answer
for what will happen when the case is not fully adjudicated on thereto has been served" means "at any stage of the litigation."
motion. Whenever it becomes evident at any stage of the litigation that
no triable issue exists, or that the defenses raised by the
Section 5. Form of affidavits and supporting papers. defendant(s) are sham or frivolous, plaintiff may move for
- Supporting and opposing affidavits shall be made on personal summary judgment. A contrary interpretation would go against
knowledge, shall set forth such facts as would be admissible in the very objective of the Rule on Summary Judgment which is
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to "weed out sham claims or defenses thereby avoiding the May a party introduce exhibits in support of the motion for
expense and loss of time involved in a trial." summary judgment? Yes. While the rules expressly mention
only “supporting affidavits, depositions or admissions,” there is
Plaintiff sues defendant for collection of a PN in the amount no bar to supporting the motion with documents or exhibits. in
of P700,000. Defendant files his answer setting forth the practice, such exhibits are attached to the supporting affidavit.
affirmative defense of payment. Defendant has a cancelled S5 R35 provides that “certified true copies of all papers or parts
check in the amount of P700,000 and a written receipt in full thereof referred to in the [supporting] affidavit shall be attached
signed by the plaintiff. If you were the lawyer for the thereto or served therewith.”
defendant, what procedural device would you employ in
behalf of the defendant in order to obtain an expeditions Plaintiff filed a complaint for collection of the principal
result in his favor? File a motion for summary judgment amount of P1M and accrued interest of P350,000 against
supported with the defendant's affidavit, attaching thereto the Defendant. Defendant filed his answer. Plaintiff moved for
cancelled check and receipt. A full-blown trial would be avoided summary judgment contending that there was no genuine
by the defendant since it is clear that the debt had been paid and material factual issue. The court rendered summary
that the cross-examination of the defendant would be futile. judgment for the principal amount of P1,000,000 but
ordered that trial proceed regarding the accrued interest of
Plaintiff sued defendant for collection of P1M based on the P350,000 since there was a genuine material factual issue
latter's PN. The complaint alleges, among others: 1) therein. Plaintiff filed a motion for execution of the
Defendant borrowed P1M from plaintiff as evidenced by a judgment for P1,000,000. May the court grant the motion for
duly executed PN; 2) The promissory note reads: For value execution? No. The summary judgment was partial being
received from plaintiff, defendant promises to pay plaintiff rendered only with respect to the relief respecting the principal
1 million, 12 months from the above indicated date without of P1,000,000 but not respect to the relief regarding the interest
necessity of demand. A copy of the promissory note is which was still the subject of trial. Being merely interlocutory, the
attached as Annex "A." partial summary judgment may not be enforced while the case
is still pending.
Defendant, in his verified answer, alleged among others: 1)
Defendant specifically denies the allegation in paragraphs A summary judgment did not make any determination as to
1 and 2 of the complaint the truth being defendant did not damages. Is it appealable? Yes. It is a final judgment and thus
execute any PN in favor of plaintiff, or 2) Defendant has paid appealable. In a partial summary judgment, the trial court would
the P1 million claimed in the promissory note (Annex “A” of have specified what facts are controverted and trial would still
the Complaint) as evidenced by an “Acknowledgment duly be conducted on such facts.
executed by plaintiff on January 30, 2015 in Manila with his
spouse signing as witness. A copy of the
“Acknowledgment Receipt” is attached as Annex “1”
hereof.

Plaintiff filed a motion for judgment on the pleadings on the

ground that defendant's answer failed to tender an issue as
the allegations therein on his defenses are sham for being
inconsistent; hence, no defense at all. Plaintiff’s motion
was denied. Defendant filed a motion for summary
judgment on the ground that there are no longer any triable
genuine issues of facts. Should the court grant defendant's
motion for summary judgment? Yes, the plaintiff had impliedly
admitted the genuineness and due execution of the
acknowledgment receipt, which was the basis of defendant's
defense, by failing to specifically deny it under oath. Hence
plaintiff's claim is groundless and the defendant is entitled to a
summary judgment in his favor.

Plaintiff filed with the RTC an action to collect P1M on a PN

against the Defendant. Defendant filed an answer in which
he raised the affirmative defense of payment. Defendant
attached to his answer a copy of a receipt purportedly
signed by the Plaintiff, acknowledging payment of the P1M
PN. Plaintiff did not file a reply to the answer. What
procedural device would you use in order to obtain an
expeditious, favorable result for your client? I would file a
motion for summary judgment. Here the plaintiff is deemed to
have admitted the genuineness and due execution of the
receipt, an actionable document, when he failed to file a reply
specifically denying under oath its genuineness and due
execution. Thus there is no genuine material factual issue as to
payment.
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RULE 36 Ø The ponente may also opt to include an introduction or

JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF a prologue as well as an epilogue, especially in cases
in which controversial or novel issues are involved
JUDGMENT
Ø Final ruling by a court of competent jurisdiction regarding Ø CONFLICT BETWEEN DISPOSITION AND BODY à
the rights or other matters submitted to it in an action or FALLO CONTROLS; XPN: when the conclusion from
proceeding the body of the decision is clear as to show that there
Ø the court's official and final consideration and was a mistake in the dispositive portion, clerical errors,
determination of the respective rights and obligations of the body of the decision will prevail
the parties
KINDS OF JUDGEMENTS
FINAL JUDGMENT / FINAL ORDER
JUDGEMENT UPON THE MERITS
Ø an adjudication on the merits which, on the basis of the Ø Amounts to a legal declaration of the respective rights and duties
evidence presented at the trial, declares categorically of the parties, based upon the disclosed facts
what the rights and obligations of the parties are and Ø “Merits” as a matter of substance in law, as distinguished from a
which party is in the right; or matter of form, refers to the real or substantial grounds of action
Ø a judgment or order that dismisses an action on the or defense, as contrasted with some technical or collateral matter
raised in the course of the suit. There could be a judgment on the
ground, for instance, of res judicata or prescription; or merits even if there is no trial. What appears to be essential to a
Ø a judgment which is no longer appealable and is judgment on the merits is that it be a reasoned decision, which
already capable of being executed because the period clearly states the facts and the law on which it is based
for appeal has elapsed, or it has already been resolved
by the highest possible tribunal Ø A judgment dismissing an action for want of jurisdiction not on the
merits; where the dismissal was on the ground of the failure of the
petitioner to furnish a copy of her formal offer of evidence
Ø in the process of rendering a judgment or in resolving (interlocutory)
controversies, courts can only consider facts and
issues pleaded by the parties presented before them Judgment upon the merits without a trial
in appropriate pleadings; they cannot substitute their o Dismissal with prejudice on the ground of willful and deliberate
action (R7S5)
own personal knowledge for evidence for evidence nor o Dismissal with prejudice on the ground of res judicata,
may they take notice of matters except those expressly prescription, payment, or unenforceability under the statute of
provided as subjects of mandatory judicial notice frauds (R16S5)
o Second order of dismissal on notice of the plaintiff (R17 S1)
DECISIONS: do not include resolutions and minute resolutions, o Dismissal with prejudice for failure to comply with the rules or an
order of the court (R17S3)
interlocutory orders o Dismissal with prejudice for failure to attend at pre-trial or submit
a pre-trial brief (R18 S5&6)
FINAL JUDGMENT INTERLOCUTORY ORDER
one that finally disposes of a an order that does not finally JUDGEMENT UPON COMPROMISE
Ø rendered by the court on the basis of a compromise agreement
case, leaving nothing more to dispose of the case, and
entered into between the parties
be done by the Court in does not end the Court's task Ø A compromise agreement may be submitted by the parties at any
respect thereto of adjudicating the parties' stage of the case, even if judgement has already become final and
contentions and determining executory, even without approval of the court.
their rights and liabilities as o procedural advantage if the compromise agreement is
approved by the court; in case of breach à parties may
regards each other, but move for execution of judgement under Rule 39
obviously indicates that other Ø A judgement on compromise agreement is a judgement on the
things remain to be done by merits. It has the effect of res judicata and is immediately final and
the Court executory.
Appealable may not be questioned on
JUDGEMENT BY CONFESSION
appeal except only as part of 2 kinds:
an appeal that may o Judgement by cognovit actionem – defendant after service instead of
eventually be taken from the entering a plea, acknowledged and confessed that the plaintiff’s cause
final judgment rendered in of action was just and rightful
the case
o Judgement by confession relicta verificationem – after pleading and
before trial, the defendant: (a) confessed the plaintiff’s cause of action;
CONTENTS OF A JUDGEMENT and (b) withdrew or abandoned his plea or other allegations, whereupon
a. Statement of the case judgement was entered against him without proceeding to trial
b. Statement of facts
c. Issues or assignment of errors Remedy: file a motion to set it aside; if denied à file a petition under Rule 65
d. Court ruling (body or ratio decidendi) – statement of CLARIFICATORY JUDGEMENT
opinion; not the part that is subject to execution Ø One rendered to clarify an ambiguous judgement or one difficult
e. Dispositive portion (fallo) to comply with
o must state whether the complaint or petition is Ø Where the judgement is difficult to execute because of ambiguity
granted or denied, the specific relief granted, in its terms, the remedy is to file a motion for clarificatory
judgement and not to assail the judgement as void
and the costs Ø Allowed only when what is involved is a clerical error, not a
o operative part in the judgement correction of an erroneous judgement or dispositive portion of the
decision.
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JUDGEMENT SIN PREJUICIO 1. The court or tribunal must be clothed with authority to
Ø A judgment without statement of facts in support of its hear and determine the matter before it
conclusion; a brief judgment containing only the dispositive
portion, without prejudice to the making of a more extensive
2. The court must have jurisdiction over the parties and the
discussion of the findings of fact and law to support it subject matter
Ø VOID since it does not state the facts and the law upon which it is 3. All the indispensable parties must have been impleaded
based 4. The parties must have been given an opportunity to
Ø NOT A FINAL JUDGMENT à appellant must wait until a final adduce evidence in their behalf
decision is rendered before perfecting his appeal 5. The evidence must have been considered by the tribunal
Ø current use may also refer to a dismissal of an action without in deciding the case
prejudice to its being refiled on a later date
6. The judgment must be in writing, personally and directly
CONDITIONAL JUDGEMENT prepared by the judge. A verbal judgment is, in
Ø One wherein the effectivity of which depends upon the occurrence contemplation of law, not in esse, therefore, ineffective
or non-occurrence of an event 7. The judgment must state clearly the facts and the law
Ø GR: void because of the absence of a disposition. upon which it is based, signed by the judge and filed with
INCOMPLETE JUDGEMENT the clerk of court
Ø One which leaves certain matters to be settles in a subsequent
proceeding Dismissal order: “For failure of the Plaintiff, to prosecute,
Ø There is a decision but there are still other matters to be the case is hereby dismissed.” Valid? No. The same has the
incorporated later in such decision effect of an adjudication on the merits and thus should have
MEMORANDUM DECISION stated the facts on which it is based.
Ø Allowed under Rule 51 Sec 5
Ø One rendered by an appellate court and incorporates by JUDGE
reference the findings of fact and conclusions of law contained in Ø Judge of the court where the case was filed
the decision or order under review to avoid cumbersome
reproduction and repetition. It must also provide direct access to
the facts and the law being adopted which must be contained in a Judgment penned by a judge who did not hear the
statement attached to the decision and made an indispensable evidence: VALID, the succeeding judge can examine and
part of the decision. evaluate the evidence already presented by the simple
Ø Decision of the appellate court which adopts the findings and the expedient of going over the transcripts
conclusion of the trial court
Ø cannot incorporate the findings of fact and the conclusions of law
of the lower court only by remote reference, it must provide for Judgment penned by a judge who was transferred:
direct access and should actually embody the findings of fact and VALID. A judge who was permanently transferred to
conclusions of law of the lower court in an annex attached to and another court of equal jurisdiction, before the case heard by
made an indispensable part of the decision. him was decided, may validly prepare and sign his decision
on the said case and send the same to the court where he
OTHER CONCEPTS:
• RESOLUTIONS OF THE SC: not decisions falling within the
was originally assigned à considered an incumbent judge.
constitutional requirement Senga: Void. When a judge is transferred to another court
• OBITER DICTUM: remark made or opinion expressed by a judge of equal jurisdiction he loses jurisdiction over all cases of
in his decision upon a cause that is, incidentally or collaterally, and the said Court. If as to different branches, it is valid as the
not directly upon the question before him, or upon a point not judge would still be a RTC judge for example. The branches
necessarily involved in the determination of the cause, or
introduced by way of illustration, or analogy or argument. Such is
are only there for administrative purposes.
not binding precedent. It is neither enforceable as a relief nor a
source of a judicially actionable claim. As opposed to a judge who ceased to be such: a decision
• PRO HAC VICE RULINGS: one rendered “for this one penned by a judge after his retirement cannot be validly
particular case”; a ruling expressly qualified as such cannot be promulgated and cannot acquire a binding effect. In like
relied upon as a precedent to govern other cases
manner, a decision penned by a judge during his
incumbency cannot be validly promulgated after his
Section 1. Rendition of judgments and final orders. - A retirement. When a judge retires, all his authority to decide
judgment or final order determining the merits of the case shall any case, i.e., to write, sign and promulgate the decision
be: has also “retired” with him
Ø in writing
Ø personally and directly prepared by the judge, PERIOD TO RENDER DECISION: 90 days to decide case from
Ø stating clearly and distinctly the facts and the law the submission of the case for decision (upon the last pleading,
on which it is based, brief, or memorandum required)
Ø signed by him, and
Ø filed with the clerk of the court. All cases filed must be decided or resolved by the SC within 24
months from the date of their unless reduced by the Supreme
Rendition: pertains to the filing of the decision, judgement, submission for decision, and within 12 months for all lower
or order with the clerk of court, NOT the date of the writing of collegiate courts and 3 months for all other lower courts (Art. VIII,
the decision or judgement nor the signing or even the Sec. 15, Constitution)
promulgation thereof. No judgement or order whether final or
interlocutory has juridical existence until and unless it is set AMENDED JUDGMENT
down in writing, signed, and delivered by the Judge to the clerk A judgment may be amended by the court before the judgment
of court, for filing, release to the parties, and implementation becomes final and executory. This is when the Court modifies
the judgment after an MR, MNT, PR, Annulment
Requisites of a Valid Judgment:
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Ex: Sec. 3, Rule 37: if the court finds that excessive damages
have been awarded or that the judgment or final order is contrary DATE: date of finality REGARDLESS of date when physical
to the evidence or the law, it may amend such judgment or final entry was done.
order accordingly.
DATE OF FINALITY: LAPSE OF PERIOD TO APPEAL
AMENDED JUDGEMENT SUPPLEMENTAL FOR BOTH THE PLAINTIFF AND THE DEFENDANT
JUDGEMENT (since the period to appeal runs from date of receipt of
entirely new decision which does not supersede the notice, which may vary, the period to appeal may also
supersedes or takes the original decision vary. As long as one party can still appeal, it is not
place of the original decision considered final and executory)
court makes a thorough serves to bolster or add to
study of the original judgment the original decision Relevance of knowing the date: There are some proceedings
and renders the amended the filing of which is reckoned from the date of the entry of
and clarified judgment only judgment.
after considering all the
factual and legal issues Ex.
Ø 6-month period for petition for relief
JUDGMENT NUNC PRO TUNC (Nunc pro tunc à “now for Ø 5-year period for motion for execution
then”) Ø 10-year period for filing an action for revival of judgment
Ø made to enter into the record an act previously done by
the court, which had been omitted either through IMMUTABILITY OF FINAL JUDGMENTS
inadvertence or mistake a judgment that has become final and executory is unalterable;
Ø It neither operates to correct judicial errors nor to the judgment may no longer be modified in any respect, even if
supply omitted action of by the court. Its sole purpose the modification is meant to correct what is perceived to be an
is to make a present record a judicial action which has erroneous conclusion of fact or law, regardless of whether the
actually been taken modification is attempted to be made by the court rendering it or
Ø Parties seeking the issuance judgments or orders must by the highest court of the land
allege and prove that the court took a particular action
and that the action was omitted through inadvertence RATIO: Controversies cannot drag on indefinitely because the
Ø the object of a nunc pro tunc judgment is to place in rights and obligations of every litigant must not hang in suspense
proper form on the record those matters previously for an indefinite period of time. The doctrine is a matter of public
rendered to make the record speak the truth and to policy as well as a time-honored procedural policy. This is also
reflect deliberations and discussions had on the issue. so as not to delay the administration of justice and to make
In a sense, it is a correction of clerical and not a orderly the discharge of judicial business.
judicial error.
Ø Presupposed the actual rendition of a judgment; a EXCEPTIONS
mere right to a judgement will not furnish basis for such 1. Annulment of the same judgment or a petition for relief
an entry 2. Suspension of strict adherence pursuant to its power to
suspend procedural rules in the interest of substantial
Ex. justice or for special and compelling reasons
• Judgment for partition where certain properties
subject of the partition were overlooked and not 3. Correction of clerical errors
mentioned
• Judgment against several defendants where those 4. Nunc pro tunc judgments which cause no prejudice to
who did not appeal was included in the order denying any party
the notice of appeal
5. When circumstances transpire after the finality of the
Section 2. Entry of judgments and final orders. - If no appeal decision rendering its execution unjust and inequitable
or motion for new trial or reconsideration is filed within the
time provided in these Rules, the judgment or final order shall 6. Void judgments – never acquire the status of a final and
forthwith be entered by the clerk in the book of entries of executory judgment. Parties may challenge the same by
judgments. direct attack either through a petition for annulment under
Rule 47 or certiorari under Rule 65 or collaterally by
The date of finality of the judgment or final order shall be assailing its validity in another action where it is invoked
deemed to be the date of its entry.
7. In criminal cases, when a law is enacted reducing
The record shall contain the dispositive part of the judgment or penalties for certain crimes
final order and shall be signed by the clerk, with a certificate that
such judgment or final order has become final and executory. 8. When there is an ambiguity caused by an omission or
mistake in the dispositive portion, the court may clarify
ENTRY OF JUDGMENT: physical act performed by the clerk of the same by amendment
court in entering the dispositive portion of the judgment in the
book of entries of judgment after the same has become final and EFFECT OF FINAL JUDGMENT:
executory. • Prevailing party is entitled to execution as a matter of right
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• RES JUDICATA AS A BAR BY PRIOR JUDGMENT – a PARTIAL SUMMARY SEPARATE JUDGMENT

judgment on the merits in a previous case rendered by a JUDGMENT
court of competent jurisdiction would bind a subsequent 1 claim; judgment for part More than 1 claim; judgment
case if, between the first and second actions, there exists thereof or for some of reliefs for one but the action
an identity of parties, of subject matter, and of causes of thereof proceeds as to the other
action; judgement in the first case constitutes an absolute claims
bar to the second action. Cannot be appealed until Not appealable while the
after judgment in the entire main case is pending unless
• CONCLUSIVENESS OF JUDGMENT (R39, S47) – as case has been rendered allowed by the court
between the first case where the judgement was rendered Cannot be enforced until May be enforced unless
and the second case sought to be barred, there is only an rendition of judgment stayed by the court
identity of parties but there is no identity of cause of action,
the first judgment is conclusive only as to those matters Section 6. Judgment against entity without juridical
actually and directly controverted and determined and not personality. - When judgment is rendered against two or more
as to matters merely involved therein persons sued as an entity without juridical personality, the
judgment shall set out their individual or proper names, if
Section 3. Judgment for or against one or more of several known.
parties. - Judgment may be given for or against one or more of
several plaintiffs, and for or against one or more of several Ø Sec. 15 of Rule 3 - when two or more persons not
defendants. When justice so demands, the court may require the organized as an entity with juridical personality,
parties on each side to file adversary pleadings as between nevertheless, transact with third persons under a
themselves and determine their ultimate rights and common name, they may be sued under the name by
obligations. which they are generally or commonly known

SEVERAL JUDGEMENT
Section 4. Several judgments. - In an action against several
defendants, the court may, when a several judgment is proper,
render judgment against one or more of them, leaving the action
to proceed against the others.

Ø Proper where the liability of each party is clearly

separable and distinct from his co-parties such that the
claims against each of them could have been the
subject of separate suits and the judgement for or
against one of them will not necessarily affect the other.

Ex: debtors under a joint obligation have distinct and separable

interests. Ina joint obligation, the credit or debit is divided into as
many equal shares as there are creditors and debtors, the
credits or debts being distinct from one another.

SEPARATE JUDGMENT
Section 5. Separate judgments. - When more than one claim
for relief is presented in an action, the court, at any stage, upon
a determination of the issues material to a particular claim and
all counterclaims arising out of the transaction or occurrence
which is the subject matter of the claim, may render a separate
judgment disposing of such claim.

The judgment shall terminate the action with respect to the claim
so disposed of and the action shall proceed as to the remaining
claims.

In case a separate judgment is rendered, the court by order

may stay its enforcement until the rendition of a
subsequent judgment or judgments and may prescribe such
conditions as may be necessary to secure the benefit thereof to
the party in whose favor the judgment is rendered.

Ø Execution allowed since the provision uses the word

“may”, however appeal is not allowed in separate or
several judgments unless the court allows it
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MODULE 9 WHERE TO FILE MNT AND MR: with the trial court which
rendered the questioned judgement
POST-JUDGMENT REMEDIES
Ø Both prohibited in summary procedure and small
Before judgment becomes final and executory claims procedure; MR prohibited in amparo cases,
1. Motion for reconsideration habeas data, ejectment cases, intra-corporate
2. Motion for new trial disputes, order granting an affirmative defense
3. Appeal
Ø MR condition precedent to appeal in legal separation,
After judgment becomes final and executory annulment, declaration of nullity, petition for custody of
1. Petition for relief from judgment minor
2. Action to annul a judgment
3. Petition for certiorari Ø MNT NOT AVAILABLE IN THE SC EXCEPT IN
4. Collateral attack from judgment (if the challenged EXCEPTIONAL CASES AND CRIMINAL CASES
judgement is void upon its face or if the nullity thereof is
apparent by virtue of its own recitals) MOTION FOR NEW TRIAL MOTION FOR
RECONSIDERATION
RULE 37 GROUNDS: GROUNDS:
NEW TRIAL OR RECONSIDERATION • FAME • Damages awarded are
• Newly discovered excessive
Section 1. Grounds of and period for filing motion for new evidence, which could • Evidence is insufficient
trial or reconsideration. - WITHIN THE PERIOD FOR TAKING not, with reasonable to justify the decision or
AN APPEAL, the aggrieved party may move the trial court to set diligence, have been final order
aside the judgment or final order and grant a new trial for one discovered and • Decision or final order is
or more of the following causes materially affecting the produced in trial and contrary to law
substantial rights of said party: which if presented would
probably alter the result
(a) Fraud, accident, mistake or excusable negligence which Second motion may be Second motion from the
ordinary prudence could not have guarded against and allowed as long as it is based same party is prohibited
by reason of which such aggrieved party has probably on grounds that are not (Single Motion Rule)
been impaired in his rights; or existing or available at the
time the first motion was However, it can be allowed
(b) Newly discovered evidence, which he could not, with made on extraordinarily persuasive
reasonable diligence, have discovered and produced at reasons provided that
the trial, and which if presented would probably alter the express leave of court shall
result. have first been obtained

Within the same period, the aggrieved party may also move for Prohibited only in final orders
reconsideration upon the grounds that the damages awarded or judgements; allowed in
are excessive, that the evidence is insufficient to justify the interlocutory orders
decision or final order, or that the decision or final order is EFFECT IF GRANTED: Court may amend judgement
contrary to law. Original judgement is
vacated; case stands for trial
MOTION FOR NEW TRIAL de novo and will be tried
Ø A remedy that seeks to temper the severity of a anew
judgment or prevent failure of justice. Its grant is Available even on appeal but Available against the
addressed to the sound discretion of the court which only on the ground of NDE judgements or final orders of
cannot be interfered with unless a clear abuse thereof both trial and appellate
is shown. courts
Ø Re-hearing of a case already decided by the court but Both are prohibited motions under Summary Procedure and
before the judgement rendered thereon becomes final Small Claims
and executory, whereby errors of law or irregularities
are expunged from the record or new evidence is GROUNDS FOR NEW TRIAL
introduced, or both steps are taken, 1. FAME which ordinary prudence could not have
guarded against and by reason of which such
MR UNDER R37: one directed against a judgment or a final aggrieved party has probably been impaired in his
order to review a prior DECISION; not an MR of an interlocutory rights
order which normally precedes a petition for certiorari under a. Fraud:
Rule 65 i. EXTRINSIC FRAUD: fraud which
prevented the unsuccessful party from
WHEN TO FILE MNT AND MR: within the period for taking an fully and fairly presenting his case or
appeal (within 15 or 30 days from notice of the judgement); no defense and the losing party from having
motion for extension of time to file a motion shall be allowed an adversarial trial of the issue. Such
unless in connection with cases pending before the SC
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fraud concerns not the judgment itself who asks for a new trial, on the ground of newly discovered
but the manner in which it was obtained. evidence, to satisfy the Court, 1st. That the evidence has come to
his knowledge since the trial. 2nd. That it was not owing to the
want of due diligence that it did not come sooner. 3rd. That it is so
Ex. party connived with court personnel material that it would produce a different verdict, if the new trial
so that notices of trial dates were sent to were granted. 4th. That it is not cumulative only - viz; speaking to
the old addresses; aggrieved party’s facts, in relation to which there was evidence on the trial. 5th. That
lawyer sells out his case to the other the affidavit of the witness himself should be produced, or its
absence accounted for. And 6th, a new trial will not be granted, if
side; judge is bribed the only object of the testimony is to impeach the character or
credit of a witness. These guidelines have since been followed
ii. INTRINSIC FRAUD: NOT A GROUND – by our courts in determining the propriety of motions for new
involves presentation of false or perjured trial based on newly discovered evidence.
testimony which did not prevent the
aggrieved party from presenting his Ø Newly discovered evidence need not be newly created
case) evidence. It may and does commonly refer to evidence
already in existence prior or during trial but whose existence
is not known to the litigant or though known, could not have
b. Accident – an event that takes place without been secured and presented during trial despite reasonable
one’s foresight or expectation (ex: party fails diligence.
to attend trial after being hit by a car)
ASPECTS OF “NEWLY DISCOVERED”:
c. Mistake – refers to mistake of fact, not of law; (a) A temporal one - when was the evidence discovered, and
does not apply to a judicial error which may
be corrected by means of an appeal (b) A predictive - when should or could it have been
discovered.
Ex. party, pending compromise agreement,
believed in good faith that it was not NOTE: New trial should be distinguished from the exercise of
necessary for him to answer and appear at the discretionary power of the court to reopen trial for the
trial – must also not be imputable to the introduction of additional evidence, to clarify its doubts on
counsel material points. This discretionary power is subject to no rule
other than the paramount interest of justice and will not be
d. Excusable Negligence – requires that the reviewed on appeal unless the exercise thereof is abused.
negligence be that ordinary diligence and
prudence could not have guarded against it;
MOTION FOR NEW TRIAL MOTION FOR REOPENING
must be excusable and imputable to the party
A TRIAL
and not to the counsel
Remedy specifically Not mentioned insofar as civil
mentioned in the ROC cases are concerned
GR: negligence of counsel is binding on the
Filed after the judgment has Motion may be filed before or
client
been rendered after judgment
XPN: Based on specific grounds Based on paramount
interests of justice
• where gross negligence of the counsel
deprives the client of due proves of law
FORM
• when the application of the rule will result
Section 2. Contents of motion for new trial or
in the outright deprivation of client’s
reconsideration and notice thereof - The motion shall be
liberty or property
made in writing stating the ground or grounds therefor, a
• where the interest of justice so require
written notice of which shall be served by the movant on the
adverse party.
2. NEWLY DISCOVERED EVIDENCE
a. that the evidence was discovered after trial
A motion for new trial shall be proved in the manner provided for
b. that such evidence could not have been
proof of motions. A motion for the cause mentioned in paragraph
discovered and produced at the trial even with the
(a) of the preceding section shall be supported by affidavits of
exercise of reasonable diligence
merits which may be rebutted by affidavits. (FAME)
c. that it is material, not merely cumulative,
corroborative, or impeaching
A motion for the cause mentioned in paragraph (b) shall be
d. the evidence is of such weight that it would
supported by affidavits of the witnesses by whom such
probably change the judgment, if admitted.
evidence is expected to be given, or by duly authenticated
documents which are proposed to be introduced in evidence.
Ø If the alleged newly-discovered evidence could have
(NDE)
been very well presented during the trial with the
exercise of reasonable diligence, the same could not
A motion for reconsideration shall point out specifically the
be considered newly discovered evidence
findings or conclusions of the judgment or final order which
are not supported by the evidence or which are contrary to
Ø BERRY RULE – standards for newly-discovered
law, making express reference to the testimonial or
evidence; 1851 case of Berry v. State of Georgia:
Applications for new trial on account of newly discovered
documentary evidence or to the provisions of law alleged to
evidence, are not favored by the Courts. It is incumbent on a party be contrary to such findings or conclusions.
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4. merely alleged that the decision was contrary to law

A pro forma motion for new trial or reconsideration shall not toll 5. the adverse party was not given notice thereof
the reglementary period of appeal.
Section 3. Action upon motion for new trial or
FORMAL REQUISITES OF A MOTION FOR NEW TRIAL OR reconsideration. - The trial court may set aside the judgment
RECONSIDERATION or final order and grant a new trial, upon such terms as may be
a) must be in writing just, or may deny the motion.
b) written notice must be served on the adverse party
c) must state the ground/s therefor If the court finds that excessive damages have been awarded or
that the judgment or final order is contrary to the evidence or
Motion for New Trial law, it may amend such judgment or final order accordingly.

Based on FAME – must include an affidavit of merits which EFFECT OF GRANTING MR: it may amend the award if
states: contrary to evidence or law or excessive damages were
1. nature and character of FAME; awarded
2. facts constituting the movant’s good and
substantial defense or valid cause of action; and Section 4. Resolution of motion. - A motion for new trial or
3. evidence which he intends to present if his motion reconsideration shall be resolved WITHIN 30 DAYS from the
is grant time it is submitted for resolution.

Based on NDE – must contain: STAY OF EXECUTION: YES, provided the motion is filed on
1. affidavits of witnesses by whom such evidence is time and by the proper party, except when the court, for good
to be given; or reasons, otherwise directs
2. by duly authenticated documents which are
proposed to be introduced in evidence Section 5. Second motion for new trial. - A motion for new
trial shall include all grounds then available and those not so
Motion for Reconsideration – must point out the findings or included shall be deemed waived.
conclusions not supported by evidence or contrary to law,
making express reference to the testimonial or documentary A second motion for new trial, based on a ground not existing
evidence or to the provisions of law alleged to be contrary to nor available when the first motion was made, may be filed
such findings or conclusions within the time herein provided excluding the time during which
the first motion had been pending.
EFFECT OF FILING
GR: suspends, interrupts, or tolls the running of the No party shall be allowed a second motion for
reglementary period for appeal reconsideration of a judgment or final order.

XPN: pro forma motion “SINGLE MOTION RULE” - A party shall NOT be allowed to
file a second MR of judgment or final order
PRO FORMA MOTION
one which does not satisfy the requirements of the rules and 2ND MR – pertains to the MR involving the same judgment or
will be treated as a motion intended to delay the proceedings; final resolution à prohibited, can only be allowed on
if it merely reiterate issues already passed upon by the court, extraordinarily persuasive reasons pro hac vice after an express
that, by itself, does not make it pro forma and is immaterial leave shall have first been obtained
because what is essential is compliance with the requisites of
the Rules What the Rules seek to proscribe is a second motion for
reconsideration, which essentially repeats or reiterates the same
Ø if the motion reveals a bona fide effort to present arguments already passed upon by the tribunal, when it resolved
additional matters or to reiterate his arguments in a the first motion for reconsideration filed by the same party.
different light, the courts should not declare the same
as pro forma Section 6. Effect of granting of motion for new trial. - If a new
trial is granted in accordance with the provisions of this Rule, the
Pro Forma Motion for New Trial; 2 types: original judgment or final order shall be VACATED, and the
1. in case of the ground is FAME, motion is not supported action shall stand for trial de novo; but the recorded
by an affidavit of merit or affidavit of witnesses or duly evidence taken upon the former trial, in so far as the same
authenticated documents is material and competent to establish the issues, shall be
2. a second notion for new trial on the ground available to used at the new trial without retaking the same.
the party when the first motion was filed
On the ground of FAME
Pro Forma MR: Ø original judgement is vacated
1. if the same does not specify the findings or conclusions Ø action stands for trial de novo
of the judgment which are not supported by the Ø recorded evidence taken upon the formal trial so far as
evidence or contrary to law, making express reference the same is material and competent to establish the
to the pertinent evidence or legal provisions issues, shall be used at the new trial without retaking
2. a second MR the same
3. failed to substantiate alleged errors
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On the ground of NDE

Ø no need to conduct trial de novo
Ø case will be opened only for the purpose of admitting
new evidence

Section 7. Partial new trial or reconsideration. - If the

grounds for a motion under this Rule appear to the court to affect
the issues as to only a part, or less than all of the matter in
controversy, or only one, or less than all, of the parties to it, the
court may order a new trial or grant reconsideration as to
such issues if severable without interfering with the
judgment or final order upon the rest.

Section 8. Effect of order for partial new trial. - When less

than all of the issues are ordered retried, the court may either
enter a judgment or final order as to the rest, or stay the
enforcement of such judgment or final order until after the
new trial.

Section 9. Remedy against order denying a motion for new

trial or reconsideration. - An order denying a motion for new
trial or reconsideration is not appealable, the remedy being an
APPEAL FROM THE JUDGMENT OR FINAL ORDER.
Ø include such denial in the assignment of errors of the
appeal from the judgement or final order

CERTIORARI UNDER RULE 65: NO LONGER ALLOWED

à AMENDED: AM No. 07-7-12-SC deleted from those

enumerated in Rule 41 subject to a Rule 65 petition is an order
denying a motion for new trial or a motion for reconsideration

NEYPES RULE (FRESH PERIOD RULE)

the movant has a “fresh period” of 15 days from receipt or notice
of the order denying reconsideration or new trial within which or
dismissing the motion for to file a notice of appeal

This new period assumes importance if either a motion for

reconsideration or a motion for new trial has been filed but was
denied or dismissed.

Where applicable:
1. Rule 41 governing appeals from the RTC
2. Rule 40 governing appeals from the MTC to the RTC
3. Rule 42 on petitions for review from the RTC to CA
4. Rule 43 on appeals from quasi-judicial agencies to the
CA
5. Rule 45 governing appeals by certiorari to the SC
6. Criminal cases

Ø NOT in administrative appeals

Purpose: this rule was adopted to standardize the appeal

periods provided in the Rules and to afford fair opportunity to
appeal their cases, and to give the trial court another opportunity
to review the case, and, in the process, minimize any error of
judgment

Accordingly, the period for appeal of the losing party, who filed
a motion for reconsideration or new trial, does not start from the
date of the notice to him of the judgment. It starts from notice to
him of the order denying or dismissing his motion.
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RULE 38 - Ex: an adverse judgement had been rendered

RELIEF FROM JUDGMENTS, ORDERS, OR OTHER against the defendant, the court sent the
PROCEEDINGS decision to the counsel who was seriously ill;
because of this the counsel was unable to file a
Ø a remedy provided by law to any person against whom notice of appeal on time à file a petition for
a decision or order is entered into through fraud, relief asking that his belatedly filed notice of
accident, mistake or excusable negligence (FAME) appeal be given due course

NATURE WHO MAY FILE: A petition for relief from judgment together
Ø Equitable in character, allowed only in exceptional with a motion for new trial and a motion for reconsideration are
cases where there is no other available remedies remedies available only to parties in the proceedings where the
Ø A second opportunity for an aggrieved party to seek for assailed judgment is rendered.
a new trial
Ø A party who has filed a motion for new trial, but which WHERE FILED: before the court which rendered judgement,
was denied, cannot file a petition for relief. These two ordered the proceeding, or denied his appeal, in the same case
remedies are exclusive of each other. It is when a party praying that the judgement or proceeding be set aside or that his
aggrieved by a judgment has not been able to file a appeal be given due course; not in another or higher court
motion for new trial that a petition for relief can be filed.
Ø When a party has another remedy available to him, Reason: it is not an independent action but simply a continuation
which may either be a motion for new trial or appeal of the original case and will not be given a different docket
and he was not prevented by FAME from filing such, number. It is not a mode of appeal. An appeal involves the
he cannot avail himself of Rule 38. Loss of the remedy invocation of the authority of a higher court.
must not be due to his own negligence of a mistaken
mode of procedure, otherwise it will be tantamount to WHEN AVAILABLE:
reviving the right of appeal which has already been lost A petition for relief is available not only against a judgment or
either because of inexcusable negligence or due to a final order but also when any other proceeding is thereafter
mistake in the mode of procedure by counsel. taken against a party in any court through fraud, accident,
mistake, or excusable negligence.
Section 1. Petition for relief from judgment, order, or other
proceedings. - When a judgment or final order is entered, or Ex. a proceeding taken after the entry of judgment or final order
any other proceeding is thereafter taken against a party in any such as an order of execution.
court through fraud, accident, mistake, or excusable negligence,
he may file a petition in such court and in the same case praying Ø A petition for relief is applicable to all kinds of special
that the judgment, order or proceeding be set aside. proceedings and criminal case

Section 2. Petition for relief from denial of appeal. - When a MNT or MR Petition for relief
judgment or final order is rendered by any court in a case, and Available before judgement Available after judgement
a party thereto, by fraud, accident, mistake, or excusable becomes final and executory has become final and
negligence, has been prevented from taking an appeal, he executory
may file a petition in such court and in the same case praying Applies to judgements or Applies to judgements, final
that the appeal be given due course. final orders only orders and other
proceedings
GROUNDS: Grounds: FAME and NDE FAME
(a) When a judgment or final order is entered, or any Filed within the time of Filed within 60 days from
other proceeding is thereafter taken against the appeal knowledge of the judgement
petitioner in any court through fraud, accident, and within 6 months from
mistake, or excusable negligence entry of judgement
- presupposes that a judgement was rendered The order of denial is not Order denying the petition is
against the petitioner through FAME and such appealable; remedy à not appealable; remedy à
judgement has become final and executory; or appeal from the judgement special civil action under
- that a proceeding was thereafter taken against on the merits Rule 65
petitioner, i.e. respondent filed a motion for Legal remedy Equitable remedy
issuance of writ of execution of the final and Motion need not be verified Petition must be verified
executory judgement which was granted and
properties of the petitioner were levied and sold
WHEN TO FILE; FORM
pursuant to such writ Section 3. Time for filing petition; contents and verification.
- A petition provided for in either of the preceding sections of this
(b) When the petitioner has been prevented from taking
Rule must be verified, filed within 60 days after the petitioner
an appeal by fraud, accident, mistake, or excusable learns of the judgment, final order, or other proceeding to
negligence be set aside, and not more than 6 months after such
- petitioner may have participated during the trial
judgment or final order was entered, or such proceeding
of a case but lost and he was not able to appeal was taken; and must be accompanied with affidavits showing
the adverse judgement by reason of FAME the fraud, accident, mistake, or excusable negligence relied
employed by the respondent
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upon, and the facts constituting the petitioner’s good and Ø Since a petition for relief is not an independent action
substantial cause of action or defense, as the case may be. but a continuation of the original case, summons need
not be served upon the adverse party. The court will
Within simply serve an order requiring the respondent to
a. 60 days after the petitioner learns of the judgment, final answer. Consequently, failure to answer does not
order, or other proceeding; knowledge of the finality of warrant a declaration of default.
the judgement or order is irrelevant
Section 5. Preliminary injunction pending proceedings.
b. not more than 6 months after such judgment or final - The court in which the petition is filed, may grant such
order was entered, or such proceeding was taken (date preliminary injunction as may be necessary for the preservation
of entry = date of finality) of the rights of the parties, upon the filing by the petitioner of a
bond in favor of the adverse party, conditioned that if the petition
Ø These 2 periods (60-6 Rule) must concur. Both is dismissed or the petitioner fails on the trial of the case upon
periods are also not extendible and never interrupted. its merits, he will pay the adverse party all damages and costs
Strict compliance stems from the equitable character that may be awarded to him by reason of the issuance of such
and nature of the petition for relief. As it were, a petition injunction or the other proceedings following the petition; but
for relief is actually the “last chance” given by law to such injunction shall not operate to discharge or extinguish any
litigants to question a final judgment or order and failure lien which the adverse party may have acquired upon the
to avail of such “last chance,” within the grace period property of the petitioner.
fixed by the Rules, is fatal
EXECUTION OF JUDGEMENT NOT STAYED UNLESS
FORM: ENJOINED
a. The petition must be verified Since a petition for relief is a remedy available after the judgment
b. The petition must be accompanied by affidavit of merit or final order has become final and executory, the judgment
showing fraud, accident, mistake, or excusable could be the subject of a writ of execution. There is nothing that
negligence relied upon precludes the execution of the judgment that is already
c. Must be accompanied by the facts constituting the executory during the pendency of the petition for relief. Hence,
petitioner’s good and substantial cause of action or the petitioner may avail of the remedy under Sec. 5
defense
d. Certification against non-forum shopping Section 6. Proceedings after answer is filed. - After the filing
of the answer or the expiration of the period therefor, the court
Administrative Circular No. 04-94 requires that complaints and shall hear the petition and if after such hearing, it finds that the
other initiatory pleadings filed in all courts and agencies other than allegations thereof are not true, the petition shall be dismissed;
the Supreme Court and the Court of Appeals be accompanied by
such certification. Second paragraph of Section 1 of the said but if it finds said allegations to be true, it shall set aside the
circular clearly includes in its enumeration of initiatory pleadings a judgment or final order or other proceeding complained of
petition where the party asserts his claim for relief. A petition for upon such terms as may be just.
relief from judgment filed before the trial court is included because
it is a new petition where a party seeks relief based on grounds Thereafter the case shall stand as if such judgment, final
different from those in the original case, namely, fraud, accident,
mistake or excusable negligence. Undoubtedly, said petition was
order or other proceeding had never been rendered, issued
covered by the circular. or taken.

AFFIDAVIT OF MERIT The court shall then proceed to hear and determine the case as
One which recites the nature and character of FAME on which if a timely motion for a new trial or reconsideration had been
the motion is based and the facts showing petitioner’s good and granted by it.
substantial cause of action or defense.
Ø Applies in Sec. 1 (Petition for relief from judgment,
It serves as the jurisdictional basis for the court to entertain a order, or other proceedings)
petition for relief. However, it is not a fatal defect to warrant
denial of the petition so long as the facts required to be set out 2 HEARINGS:
also appear in the verified petition. 1. Hearing on the determination whether the judgement
should be set aside
A petition for relief without a separate affidavit of merit is 2. Hearing to determine the case as if a timely motion for
sufficient where facts constituting petitioner's substantial cause new trial or reconsideration had been granted by it
of action or defense, as the case may be, are alleged in a verified
petition since the oath elevates the petition to the same category Section 7. Procedure where the denial of an appeal is set
as a separate affidavit. aside. - Where the denial of an appeal is set aside, the lower
court shall be required to give due course to the appeal and to
Section 4. Order to file an answer. - If the petition is sufficient elevate the record of the appealed case as if a timely and proper
in form and substance to justify relief, the court in which it is appeal had been made.
filed, shall issue an order requiring the adverse parties to
answer the same within 15 days from the receipt thereof. The Ø Applies in Sec. 2
order shall be served in such manner as the court may direct,
together with copies of the petition and the accompanying REMEDIES IF RULE 38 IS NO LONGER AVAILABLE
affidavits. • Petition for annulment of judgement under Rule 47
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• Direct collateral attack if judgement is void ab initio for the petitioner. In such a case, the petition for relief should not be
lack of jurisdiction dismissed for failure of one to avail himself of the remedy of an
appeal and for untimeliness.
GRANT AND DENIAL UNAPPEALABLE
Order granting a petition for relief is an interlocutory order hence
unappealable; and the order denying the same is a final order
which according to the Rules, no appeal may be taken from

NO PETITION FOR RELIEF IN THE SC AND CA

Ø Section 1 of Rule must be interpreted in harmony with
Rule 56 which enumerates the original cases
cognizable by the Supreme Court. A petition for relief
from judgment is NOT included therein. Likewise, the
Revised Internal Rules of the CA does not allow
petition for relief.

Ø While Rule 38 uses the phrase “any court”, it refers only

to MTCs or RTCs.

Ø The procedure in the CA from Rules 44 to 55, with the

exception of Rule 45, identifies the remedies available
before said Court. Nowhere is a petition for relief under
Rule 38 mentioned. If a petition for relief is not among
the remedies available in the CA, with more reason that
is not available in the SC.

RATIONALE FOR PROHIBITION: These courts can only

entertain questions of law. A petition for relief raises questions
of facts on fraud, accident, mistake, or excusable negligence,
which are beyond the concerns of such Court.

Ø Also not allowed in summary procedure, small claims.

The reason for this is to achieve an expeditious and
inexpensive determination of the cases subject of
summary procedure.

Ø Allowed in environmental cases but only in highly

meritorious cases or to prevent a manifest miscarriage
of justice

P filed a case against D. D filed an answer. P bribed the

court staff to send a fake notice of dismissal to D. D thus no
longer appeared in the case. The court proceeded to render
a judgment in favor of P which became final and executory.
D learned of the judgment only after 1 year from its entry.
Does D still have a remedy? Yes. D can still file an action io
annul the judgment under R47 on the ground of extrinsic fraud.
He should file the action within 4 years from his discovery of the
fraud. D may still avail of R47 since the remedy of new trial or
petition for relief was no longer available through no fault of his.

R filed a collection case against the P. Summons was

served upon the petitioner by publication, but the summons
and order were sent to a wrong address of the P. RTC
rendered a judgment which became final and executory. P
filed a petition for relief from judgment on the ground of
extrinsic fraud. P alleged that R deliberately indicated a
wrong address although they could have easily determined
his address from the GIS of his company. The RTC denied
the petition on the ground that petitioner did not explain in
his petition why he did not avail of appeal. Did the RTC
correctly deny the petition for relief? No. The extrinsic fraud
employed by the respondents meant that the petitioner was not
properly served with summons and thus the judgment was void
for failure of the trial court to acquire personal jurisdiction over
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RULE 47 Section 2. Grounds for annulment. - The annulment may be

ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND based only on the grounds of extrinsic fraud and lack of
RESOLUTIONS jurisdiction.

NATURE Extrinsic fraud shall not be a valid ground if it was availed of, or
Not a mode of appeal but an independent civil action. It is an could have been availed of, in a motion for new trial or petition
original action separate and distinct and independent of the case for relief. (To prevent the extraordinary action from being used
where the judgment sought to be annulled is rendered. It is a by a losing party to make a complete absurdity of a duly
remedy exceptional in character when other remedies are promulgated decision that has alone become final and
wanting. executory)

It is a recourse equitable in character, allowed only in GROUNDS:

exceptional cases where there is no available or adequate • Extrinsic or collateral fraud
remedy. It may no longer be invoked where the party has availed - Not a valid ground if it was availed of, or could have
himself of the remedy of new trial, appeal, petition for relied, or been availed of in a motion for new trial or petition for
other appropriate remedy and lost; or where he has failed to relief
avail himself of those remedies through his fault or negligence.
• Lack of jurisdiction
PURPOSE
LACK OF JURISDICTION OVER THE SUBJECT MATTER
To have the final and executory judgment set aside so that there
AND OVER THE PERSON
will be a renewal of litigation
GR: The issue of jurisdiction may be raised at any stage of the
proceedings, even on appeal, and is not lost by waiver or by
NOTE: A petition for annulment of judgement challenges the
estoppel. Jurisdiction must arise by law and not by mere consent
validity of the “first judgement” Res judicata is not a bar to an
of the parties.
action for annulment of the judgement sought to be annulled.
XPN:
PETITION FOR RELIEF ANNULMENT 1. Estoppel by laches
Grounds: fraud, accident, Extrinsic fraud or lack or - laches prevents the issue of lack of jurisdiction from
mistake, or excusable jurisdiction being raised for the first time on appeal by litigant
negligence whose purpose is to annul everything done in a trial in
Must be filed within 60 days Extrinsic fraud – 4 years from which it has actively participated
after the petitioner learns of discovery
the final judgment or order, or 2. Estoppel by deed or in pais
other proceeding to be set Lack of jurisdiction – before it - a litigant's participation in all stages of the case before
aside, and not more than 6 is barred by estoppel by the trial court, including the invocation of its authority in
months after such judgement laches or estoppel by deed asking affirmative relief, bar such party from
or final order was entered challenging the court's jurisdiction.
Not an original action Original action - A party cannot invoke the jurisdiction of a court to
Filed in the same court where For MTC judgments à RTC; secure affirmative relief against his opponent and after
the judgment was rendered RTC à CA; CA à SC obtaining or failing to obtain such relief, repudiate or
May only be availed of the May be filed even by a non- question that same jurisdiction. The Court frowns upon
parties to the case party the “undesirable practice” of a party submitting his case
for decision and then accepting the judgment only if
NOTE: Where a petition for annulment of judgement was favorable and attacking it for lack of jurisdiction when
dismissed by the CA, the SC is without jurisdiction to entertain adverse.
another petition for annulment in the guise of a special civil
action for certiorari under Rule 65. The remedy of the petitioner LACK OF DUE PROCESS
is to file a petition for review on certiorari under Rule 45. Jurisprudence recognizes lack of due process as an additional
ground to annul a judgement. Violation of due process is a
Section 1. Coverage. - This Rule shall govern the annulment jurisdictional defect because when there is violation of basic
by the Court of Appeals of judgments or final orders and constitutional rights, courts are ousted from their jurisdiction. (ex:
resolutions in civil actions of RTC for which the ordinary defective service of summons)
remedies of new trial, appeal, petition for relief or other
appropriate remedies are no longer available through no fault Section 3. Period for filing action. - If based on extrinsic fraud,
of the petitioner. the action must be filed within 4 years from its discovery; and if
based on lack of jurisdiction, before it is barred by laches or
Ø Does not apply to order implementing a writ of estoppel.
execution: it is not a final order as it merely enforces a
judicial process over an identified object and does not EXTRINSIC FRAUD LACK OF JURISDICTION
involve an adjudication on the merits or determination When to file: 4 years from Before it is barred by
of the rights of the parties discovery estoppel by laches or
estoppel by deed
Ø Does not apply to criminal cases Effect of judgement: the court The court may set aside the
may on motion order the trial questioned judgement and
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court to try the case as if a render the same null and Section 7. Effect of judgment. - A judgment of annulment shall
timely motion for new trial void without prejudice to the set aside the questioned judgment or final order or resolution
had been granted original action being refiled in and render the same null and void, without prejudice to the
the proper court. original action being refiled in the proper court. However, where
the judgment or final order or resolution is set aside on the
Section 4. Filing and contents of petition. - The action shall ground of extrinsic fraud, the court may on motion order the trial
be: court to try the case as if a timely motion for new trial had been
a. commenced by filing a verified petition granted therein.
b. alleging therein with particularity the facts and the law
relied upon for annulment, as well as those supporting the Section 8. Suspension of prescriptive period. - The
petitioner’s good and substantial cause of action or prescriptive period for the refiling of the aforesaid original action
defense, as the case may be. shall be deemed suspended from the filing of such original
c. filed in 7 clearly legible copies, together with sufficient action until the finality of the judgment of annulment.
copies corresponding to the number of respondents. However, the prescriptive period shall not be suspended where
d. A certified true copy of the judgment or final order or the extrinsic fraud is attributable to the plaintiff in the original
resolution shall be attached to the original copy of the action.
petition intended for the court and indicated as such by the
petitioner. Section 9. Relief available. - The judgment of annulment may
e. petitioner shall also submit together with the petition include the award of damages, attorneys fees and other relief.
affidavits of witnesses or documents supporting the cause
of action or defense and If the questioned judgment or final order or resolution had
f. a sworn certification that he has not theretofore already been executed, the court may issue such orders of
commenced any other action involving the same issues in restitution or other relief as justice and equity may warrant under
the Supreme Court, the Court of Appeals or different the circumstances.
divisions thereof, or any other tribunal or agency; if there is
such other action or proceeding, he must state the status Section 10. Annulment of judgments or final orders of
of the same, and if he should thereafter learn that a similar Municipal Trial Courts. - An action to annul a judgment or final
action or proceeding has been filed or is pending before order of a Municipal Trial Court shall be filed in the Regional Trial
the Supreme Court, the Court of Appeals, or different Court having jurisdiction over the former. It shall be treated as
divisions thereof, or any other tribunal or agency, he an ordinary civil action and sections 2, 3 4, 7, 8 and 9 of this
undertakes to promptly inform the aforesaid courts and Rule shall be applicable thereto.
other tribunal or agency thereof within 5 days therefrom.
Sec 2 – Grounds for annulment
Sec 3 – period of filing action
Ø The petitioner NEED NOT BE A PARTY to the
judgement sought to be annulled. What is essential is Sec 4 – filing and contents of petition
Sec 7 – effect of judgement
that the petitioner is one who can prove his allegation
Sec 8 – suspension of prescription period
that the judgement was obtained by the use of fraud
Sec 9 – relief available
and collusion and that he was affected thereby.
DIRECT ATTACK
Ex. co-owners of a land subject of the judgment who
A direct attack of a judgment is made through an action or
were not impleaded
proceeding, the main object of which is to annul, set aside or
enjoin the enforcement of such judgment, if not yet disposed of,
Section 5. Action by the court. - Should the court find no
the carried into effect; or if the property has been disposed of,
substantial merit in the petition, the same may be dismissed
the aggrieved party may sue for recovery.
outright with specific reasons for such dismissal.
Ex: MR, MNT, appeal, petition for relief from judgement, petition
Should prima facie merit be found in the petition, the same shall
for annulment of judgement, petition for certiorari
be given due course and summons shall be served on the
respondent.
COLLATERAL ATTACK
A collateral attack is made when, in another action to obtain a
TWO STAGES:
1) A preliminary evaluation of the petition for prima facie different relief, an attack on the judgment is made as an incident
in said action.
merit therein; (no substantial merit à outright
dismissal)
GR: NOT ALLOWED
2) The issuance of summons as in ordinary civil cases
and such appropriate proceedings thereafter as
contemplated in Sec. 6, should prima facie merit be XPN: when the judgment, on its face, is null and void, as where
it is patent that the court, which rendered said judgment, has no
found in the petition.
jurisdiction
Section 6. Procedure. - The procedure in ordinary civil cases
3 WAYS BY WHICH A FINAL AND EXECUTORY MAY BE SET
shall be observed. Should a trial be necessary, the reception of
ASIDE:
the evidence may be referred to a member of the court or a
1. petition for relief
judge of a Regional Trial Court.
2. action to annul
3. direct attack by certiorari or collateral attack
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RULE 39
EXECUTION, SATISFACTION AND EFFECT OF WHEN JUDGMENT BECOMES FINAL AND EXECUTORY
JUDGEMENTS by operation of law even without judicial declaration or
pronouncement of finality, when the reglementary period for
EXECUTION appeal lapses, and no appeal is perfected within such
Ø process provided by law for the enforcement of a final period.
and executory judgment; enforcement is part of the
court’s jurisdiction WHEN EXECUTION SHALL ISSUE
Ø remedy afforded for the satisfaction of a judgment; its GR: UPON FINALITY OF THE JUDGMENT, AS A MATTER OF
object being to obtain satisfaction of the judgment on RIGHT, ISSUANCE OF WHICH IS A MINISTERIAL DUTY OF
which writ is issued THE COURT à Only final judgments or orders that have
Ø it is the fruit and end of suit and is the life of the law become final and executory can be the subject of execution. An
interlocutory order may not be the subject of execution.
Against whom issued: Execution can only issue against a
party and not against one who never had his day in court XPN:
1. Discretionary execution is granted after the prevailing
WRIT OF EXECUTION party complies with the requirements
Ø A judicial writ issued to an officer authorizing him to 2. Support pendente lite
enforce the judgment of the court in accordance with
Rule 39 CLASSES OF EXECUTION
Ø Upon finality of the judgment, the prevailing party is As to their Nature
entitled, as a matter of right, to a writ of execution to • Compulsory execution – known as Execution as a
enforce the judgment, the issuance of which is a Matter of Right
ministerial duly of the court
• Discretionary execution – known as Execution Pending
RULES ON WRIT OF EXECUTION: Appeal
1. It must conform strictly to the decision or judgment
which gives it life As to How it is Enforced
2. It must conform strictly to every essential particular of • Execution by motion – if the enforcement of the
the judgment promulgated, and may not vary the terms judgment is sought within 5 years from date of entry
of the judgment it seeks to enforce, nor may it go
beyond the terms of the judgment sought to be • Execution by independent action – if the 5-year period
executed; has lapsed
3. It must conform to the dispositive portion of the
decision to be executed (prevails in case of conflict); RIG: Are there final judgements or orders to which the
the fallo is the portion which finally vests rights upon concept of execution is not applicable? YES – judgement
the parties, sets conditions for the exercise of those does not order the doing of something or the payment of
rights, and imposes the corresponding duties and money, there is nothing in the judgement which needs to be
obligations. enforced. In such cases, if the appeal period has lapse, the
4. Where the ownership of a parcel of land was decreed judgement becomes “final and unappealable” not “final and
in the judgment, the delivery of the possession of the executory”.
land should be considered included in the decision, it
appearing that the defeated party’s claim to the Ex: judgement dismissing a case without pronouncement as to
possession thereof is based on his claim of ownership damages and costs; judgement in an injunction case which
which was rejected (Reason: possession is an orders a defendant not to do an act; judgement declaring a
essential attribute of ownership) contract null and void
5. Where there is ambiguity in the dispositive portion, the
body of the opinion may be referred to for purposes of Land Registration Proceedings – after ownership has been
construing the judgment because the dispositive part proved and confirmed by judicial declaration, no further
of a decision must find support from the decision’s ratio proceeding to enforce said ownership is necessary, except
decidendi; and where extensive and explicit discussion when the adverse or losing party has been in possession of the
and settlement of the issue is found in the body of the land and the winning party desires to oust him
decision
EXECUTION AS A MATTER OF RIGHT
Judgement is for a nullity of marriage. It provides for the SECTION 1. Execution upon judgments or final orders.—
registration of the judgement of nullity decree in the civil Execution shall issue as a matter of right, on motion, upon a
registry. As a consequence, the property regime of the judgment or order that disposes of the action or proceeding
spouses will now fall under Article 147 which is one of co- upon the expiration of the period to appeal therefrom if no
ownership. Will the judgement necessarily include that they appeal has been duly perfected.
should partition the property as co-owners? Even without
stating it, necessarily as a consequence, the property regime will If the appeal has been duly perfected and finally resolved,
be under Article 147 subject to co-ownership. This is true even the execution MAY forthwith be applied for in the court of
if it is not specified. However, it did not provide for a partition. origin, on motion of the judgment obligee, submitting therewith
Remedy is to file for judicial partition or to undergo extrajudicial certified true copies of the judgment or judgments or final order
partition.
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or orders sought to be enforced and of the entry thereof, with entering into a compromise. A compromise is a
notice to the adverse party. contract recognized by substantive law
3. Equitable grounds like a change in situation of the
The appellate court may, on motion in the same case, when parties which makes execution inequitable (for the
the interest of justice so requires, direct the court of origin to supervening event to apply, the supervening event
issue the writ of execution. (not issue on its own, only court of must happen after the judgment has become final and
origin may issue) executory)
4. Execution is enjoined
REQUISITES FOR EXECUTION AS A MATTER OF RIGHT 5. Judgment has become dormant, except support which
1. Prevailing party must file a motion for execution with can be executed by motion
the court of origin with notice to the adverse party; 6. Execution is unjust or impossible
2. Upon rendition of a judgement or order that completely 7. When the judgment has already been executed by the
disposes of the action or proceeding; and voluntary compliance thereof by the parties
3. No MR, new trial, or appeal of the judgement or final 8. When refusal to execute has become imperative in the
order is filed within the reglementary period higher interest of justice
9. When the execution is sought against property exempt
MOTION FOR EXECUTION from execution
Ø judge may not order execution of judgment in the 10. when execution is sought more than 5 years from its
decision itself; there must be a motion to that effect and entry without the judgment having been revived
a hearing called for the purpose
Ø Under the Supreme Court Circular No. 24-94, a motion INSTANCES WHERE EXECUTION IS A MATTER OF RIGHT
for issuance of a writ of execution must contain a 1. No appeal; judgment becomes final
notice to the adverse party. The motion for execution 2. There is an appeal; once the CA judgment becomes
cannot be issued ex parte. final
Ø Hearing on the motion is not required since it is a non- 3. Judgment in an action for injunction, receivership,
litigious motion; the court shall resolve the motion accounting, support, and judgment declared to be
within 5 days. immediately executory
4. Judgment in cases governed by summary procedure,
Ø In filing a motion for execution of an appealed decision, including, forcible entry and unlawful detainer
there is no need to wait for the records of the case to 5. Judgment in cases governed by small claims
be remanded to the court of origin. All that is required procedure
is for the appeal to have been duly perfected and finally
resolved before execution may be applied for. MANDAMUS
The right to execution is compellable by mandamus. This is in
Ratio: when the judgment obligee files a motion for execution in accordance with the doctrine of immutability of final judgments,
the court of origin, all he has to do is to attach the certified true which states that, as a rule, a judgment that has become final
copies of (a) the judgment of the appellate court, and (b) the and executory is immutable and unalterable, and may no longer
entry of the said judgment, with notice to the adverse party even be modified in any respect.
if the records have not as yet been remanded to the court of
origin. This procedure prevents needless delays in the execution Ø As a rule, parties are not allowed to object to the
of the judgment. execution of a final judgment. One exception is when
the terms of the judgment are not clear enough and
WHO MAY ISSUE A WRIT OF EXECUTION there remains room for interpretation. If the exception
Ø It is only the court of origin which can issue the writ of applies, the adverse party may seek the stay of
execution. execution or the quashal of the writ of execution
Ø Nothing in this section authorizes the appellate court
which has resolved the appeal to order the execution GROUNDS FOR MOTION TO QUASH WRIT:
of its own judgment. What is authorized is the 1. Change in the situation of the parties renders
execution of the judgment by the court of origin even 2. execution inequitable
before remand to the latter by the appellate court of 3. Issued against the wrong party
the records of the case solely on the basis of the 4. Issued without authority
certified true copy of the judgment of the appellate 5. Improvidently issued
court and of the entry thereof. 6. Defective in substance
7. Judgement already satisfied
WHEN EXECUTION WILL NOT BE ISSUED 8. Controversy was never submitted to the court
GR: Execution shall issue as a matter of right on the part of the 9. Writ varies the judgment
prevailing party once a judgment becomes final and executory 10. Execution is sought to be enforced against property
exempt form execution
XPN: 11. Terms of the judgment are not clear enough
1. Where the judgment turns out to be incomplete or
conditional Ø Another remedy of losing party: certiorari under Rule
2. Judgment novated by subsequent agreement of the 65 (NO APPEAL)
parties -- the parties, despite the existence of a
judgment, are at liberty to novate a judgment by P files a suit to collect P2,500,000 from D with the RTC. The
RTC rendered judgement in favor of D. P appeals to the CA
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which reversed the RTC and rendered judgement in favor of Ø While it has jurisdiction over the case (before the
P. P filed a motion for a writ of execution with the RTC which expiration of the 15-day or 30-day reglementary period,
denied the same without justifiable cause. P’s MR was as the case may be) and while it is in possession of
denied. What is the remedy of P? P may file a motion with the either the original record of the record on appeal of
CA to direct the RTC to issue the writ of execution. Mandamus judgements
is not proper since there is plain, adequate, and speedy remedy Ø While it has jurisdiction over the case (before the
under S1 R39. expiration of the 15-day or 30-day reglementary period,
as the case may be) and before the CA gives due
Judgment in an action for recovery of land; can the course to a petition for review
defendants oppose the motion for execution on the ground
that a supplementary hearing be conducted to allow them WHEN RTC MAY ORDER: as long as the motion was
to present evidence that they are builders in good faith? NO. FILED before it lost jurisdiction and prior to the
Once a decision has become final and executory, the only transmittal of records
jurisdiction left with the court is to order its execution. To allow
the supplemental hearing would be to amend or alter a final and Ø How jurisdiction lost: perfection of appeals filed in due
executory judgment. time, expiration of time to appeal of the other parties,
upon approval of record on appeal
A quo warranto judgment directing the reinstatement of
respondent as Regional Director of the NCIP became final • APPELLATE COURT
and executory. However, it was later discovered that he had Ø After the trial court has lost jurisdiction
falsified his bachelor’s degree and thus had become
ineligible. May the judgment still be executed? No. Here NOTE: What is allowed under the rules is discretionary
there was a supervening circumstance, that is, the discovery execution of the judgement or final order of the trial court. The
that the respondent had falsified his bachelor’s degree and thus CA has no authority to issue immediate execution pending
had become ineligible for the contested position. To still order appeal of its own decision.
the execution of the judgment would be clearly unjust and
inequitable. Ø Even if the case was elevated to the SC and the SC
affirms the same, the SC will still forward the case to
EXECUTION PENDING APPEAL the court of origin for execution
SECTION 2. Discretionary execution —
a) Execution of a judgment or final order pending appeal — On PROCEDURE FOR DISCRETIONARY EXECUTION
motion of the prevailing party with notice to the adverse party 1. There must be a motion filed by the prevailing party
filed in the trial court while it has jurisdiction over the case and with notice to the adverse party;
is in possession of either the original record or the record on 2. There must be a hearing of the motion for
appeal, as the case may be, at the time of the filing of such discretionary execution;
motion, said court may, in its discretion, order execution of a 3. The motion must be filed in the trial court while it has
judgment or final order even before the expiration of the period jurisdiction over the case and is in possession of either
to appeal. the original record or the record on appeal or with the
appellate court after the trial court has lost jurisdiction
After the trial court has lost jurisdiction, the motion for execution over the case;
pending appeal may be filed in the appellate court. 4. There must be good reasons to justify the
discretionary execution; and
Discretionary execution may only issue upon good reasons 5. The good reasons must be stated in a special order
to be stated in a special order after due hearing. after due hearing.

(b) Execution of several, separate or partial judgments.— A GOOD REASONS

several, separate or partial judgment may be executed under the Ø if the judgment is executed and, on appeal, the same
same terms and conditions as execution of a judgment or final is reversed, although there are provisions for
order pending appeal. restitution, damages may arise which cannot be fully
compensated. Accordingly, execution should be
DISCRETIONARY EXECUTION AS A granted only when these considerations are clearly
EXECUTION MATTER OF RIGHT outweighed by superior circumstances demanding
May issue before the lapse of Period to appeal has already urgency
period to appeal, and even lapsed and no appeal is Ø compelling circumstances that justify immediate
during appeal perfected execution lest the judgement becomes illusory.
Discretionary upon the court; Ministerial duty of the court
there is inquiry on whether provided there are no Ex. of good reasons:
there is good reason for the supervening events 1. Where there is danger of the judgment
execution becoming ineffectual as where the losing
party is disposing of its assets or where the
WHERE TO FILE AN APPLICATION FOR DISCRETIONARY articles subject of the case would deteriorate
EXECUTION 2. Insolvency of the debtors
• TRIAL COURT (pursuant to residual jurisdiction) 3. To prevent irreparable injury
4. The subject of the judgment is perishable
goods
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5. Old age appeal of that portion of the judgment requiring deposit.

Ø Mere posting of bond by the successful party RTC granted the motion. On certiorari, the CA set aside the
is not in itself a good reason for ordering order granting execution pending appeal on the ground that
execution pending appeal, because it is the the appeal was perfected on October 10 or the expiration of
combination of circumstances which is the the R’s period of appeal and hence the trial court already
dominating reason that would justify lost jurisdiction at that point. Was the setting aside of the
immediate execution, the bond being only an order granting execution pending appeal proper? No. In
additional factor. appeals by notice of appeal, the court loses jurisdiction over the
case upon the perfection of the appeals filed in due time and the
NOTE: An award for actual and compensatory damages may be expiration of the time to appeal of the other parties. Here the
ordered executed pending appeal, but not an award for moral or appeal was perfected as to private respondent on October 2
exemplary damages. with the filing of the appeal in due time. However the period to
appeal of the other party, that is the petitioner, was up to October
Reason: Moral and exemplary damages are dependent on the 16. Hence when the petitioner filed his motion for execution
outcome of the appeal. While the amounts of actual damages pending appeal on October 11, the trial court still had
are fixed and certain. jurisdiction as the petitioner's period to appeal had not yet
expired.
PENDENCY OF MR
Where there is a pending MR of the trial court's decision, an P filed with the RTC a collection case against A and B. The
order of execution pending appeal is improper and premature. court rendered judgment in favor of P. P and A received a
The pendency of the MR legally precludes execution of the copy of the decision on April 1 while B received his copy on
decision because the motion serves as the movant’s vehicle to April 10. A filed a notice of appeal on April 10. P wants to
point out the findings and conclusions of the decision which, in file a motion for execution pending appeal on April 20, with
his view, are not supported by law or the evidence and, the original record still in the possession of the RTC. a)
therefore, gives the trial judge the occasion to reverse himself. Should P file his motion with the RTC or with the Court of
In the event that the trial judge finds the motion for Appeals? RTC, it still has jurisdiction over the case since the
reconsideration meritorious, he can of course reverse the appeal period of B has not yet expired. b) What if the RTC had
decision. elevated the original record to the Court of Appeals on April
11, a day after A had filed his notice of appeal. Should P file
Is financial distress of the prevailing party which is a his motion with the RTC or with the Court of Appeals?
corporation a good reason for granting execution pending NEITHER. P cannot file with the RTC since it did not possess
appeal? No. The financial distress of a corporation does not the original record nor can he file it in the CA since the RTC still
outweigh the long standing general policy of enforcing only final has not lost its jurisdiction over the case. His remedy is to wait
and executory judgments. Certainly, a juridical entity like for the appeal period of B to expire and then file the motion with
petitioner corporation, has other than extraordinary execution, the CA.
alternative remedies like loans, advances, internal cash
generation and the like to address its precarious financial 3 STAGES OF JURISDICTION
condition. • Full jurisdiction: When the trial court has jurisdiction and it
is in possession of the original record or record on appeal,
P filed a suit to collect P500,000 from D arising from the as the case may be
value of construction materials delivered by P to D which • Residual jurisdiction: When the trial court has lost
the latter paid for with a check which bounced. The RTC jurisdiction but the original record or the record on appeal
rendered judgment in favor of P. D filed an appeal. P filed a has not yet been transmitted to the appellate court
motion for execution pending appeal with the RTC • Executory jurisdiction. The trial court has lost jurisdiction
contending that D's appeal was frivolous and dilatory. The and the original record or record on appeal has been
RTC granted the motion conditioned upon posting of a transmitted to the appellate court. The trial court has no
bond in favor of D for the amount of P500,000. Was the grant more jurisdiction or power over the case save to issue and
of the motion for execution pending appeal proper? No, The enforce the writ of execution should the judgment
ground that the appeal is dilatory and that a bond was posted by therein become final.
the prevailing party are by themselves not sufficient to constitute
good grounds for the issuance of discretionary execution. This SECTION 3. Stay of discretionary execution — Discretionary
is because the trial court would be virtually pre-empting the execution issued under the preceding section may be stayed
appellate court's decision on the appeal. Mere posting of a bond upon approval by the proper court of a sufficient supersedeas
is not a good ground otherwise, execution pending appeal would bond filed by the party against whom it is directed, conditioned
issue as a matter of course. If the motion for execution pending upon the performance of the judgment or order allowed to be
appeal is filed with the appellate court, it can order execution by executed in case it shall be finally sustained in whole or in part.
the trial court pending appeal if it finds that the appeal is frivolous The bond thus given may be proceeded against on motion with
and dilatory. notice to the surety.

On September 25 R received the RTC’s decision annulling SUPERSEDEAS BOND

the sale of certain real properties and ordering them to Ø A bond executed by the party against whom the
deposit with the court the rentals and/or income due from execution was issued in favor of the prevailing party,
such properties. R filed a notice of appeal on October 2. P conditioned upon the performance of the judgment or
who received the RTC decision on October 1, filed on order allowed to be executed in case it shall be finally
October 11 a motion for immediate execution pending sustained in whole or in part by the appellate court.
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Discretionary execution shall be stayed upon approval • Summary judicial proceedings in the family law (ex:
of the supersedeas bond. declaration of presumptive death)
Ø Guarantees satisfaction of the judgment in case of • Small claims cases
affirmance on appeal. It does not answer for damage • Direct contempt
to properly pending the appeal. • Compromise judgements
GR: When a defendant puts up a supersedeas bond, the court Ø Motion still required so they may be executed
shall recall the execution pending appeal because
discretionary execution is the exception rather than the rule. SECTION 5. Effect of reversal of executed judgment —
Where the executed judgment is reversed totally or partially, or
XPN: Notwithstanding the filing of the supersedeas bond by annulled, on appeal or otherwise, the trial court may, on motion,
appellant, execution pending appeal may still be granted by the issue such orders of restitution or reparation of damages as
court if there are special and compelling reasons justifying the equity and justice may warrant under the circumstances.
same, outweighing the security offered by the supersedeas
bond (ex: support) BY MOTION OR INDEPENDENT ACTION
SECTION 6. Execution by motion or by independent action
NOTE: Certiorari lies against an order granting execution
— A final and executory judgment or order may be executed on
pending appeal where the same is not founded upon good
motion within 5 years from the date of its entry.
reasons.
After the lapse of such time, and before it is barred by the
Ø If the judgement is in an ejectment case, it is
statute of limitations, a judgment may be enforced by action.
immediately executory even if appealed. Remedy is to
file supersedeas bond after perfecting appeal WITH
The revived judgment may also be enforced by motion within 5
ADDITIONAL MONTHLY DEPOSIT OF THE
years from the date of its entry and thereafter by action before it
AMOUNT ADJUDGED. Failure to deposit will entitle
is barred by the statute of limitations.
the prevailing party to execution.
LIFETIME
BOND WHERE FILED: court which issued the order for
execution pending appeal; however, once the record on appeal • WHEN MOTION FOR ISSUANCE OF WRIT MUST BE
has been transmitted to the CA, it is only that court which can FILED AND ISSUED: WITHIN 5 YEARS
approve the bond
• WHEN ENFORCEMENT AND LEVY MUST BE DONE:
SECTION 4. Judgments not stayed by appeal — Judgments WITHIN 5 YEARS
in actions for injunction, receivership, accounting and
support, and such other judgments as are now or may • WHEN AUCTION SALE MAY BE DONE: WITHIN 10
hereafter be declared to be immediately executory, shall be YEARS
enforceable after their rendition and shall not be stayed by an
appeal taken therefrom, unless otherwise ordered by the trial Ø The writ shall continue in effect during the period within
court. On appeal therefrom, the appellate court in its discretion which the judgement may be enforced by motion.
may make an order suspending, modifying, restoring or granting Hence, the writ is enforceable within the 5-year period
the injunction, receivership, accounting, or award of support. from entry of its judgement.

The stay of execution shall be upon such terms as to bond or Ø If 5-year period lapses, it may still be enforced BUT
otherwise as may be considered proper for the security or NOT BY MOTION, BUT BY INDEPENDENT ACTION.
protection of the rights of the adverse party.
Ø ISSUANCE OF ALIAS WRIT OF EXECUTION NOT
JUDGEMENTS IMMEDIATELY EXECUTORY (may be NEEDED
appealed but shall not be stayed by an appeal)
• Injunction, receivership, support, accounting unless MODES OF ENFORCEMENT
otherwise ordered 1. By motion within 5 years from date of its entry;
• Cases governed by rules on summary procedure 2. By independent action for revival of judgment after
lapse of 5 years from entry and before it is barred by
• Ejectment cases unless defendant executes a
statute of limitations:
supersedeas bond and deposit of rent
• Deficiency judgement in a judicial foreclosure
Ø Actions upon a judgment must be brought within
proceeding
10 years from entry of such judgment
• Indirect contempt
• Expropriation proceedings PURPOSE: to prevent litigants from sleeping on their rights
• Environmental cases
• Cases under interim rules or procedure governing intra- 5-YEAR PERIOD
corporate controversies After the lapse thereof, the judgment is reduced to a mere right
of action, which judgment must be enforced, as all other
JUDGEMENTS IMMEDIATELY FINAL AND EXECUTORY ordinary actions
(may not be appealed)
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Ø If writ and levy is made within 5 years, auction sale A SECOND REVIVAL OF JUDGMENT à LAST
may be held after the 5-year period but within 10 PAR.
years
SECTION 7. Execution in case of death of party.— In case of
DORMANT JUDGEMENT the death of a party, execution may issue or be enforced in the
A dormant judgment is one that was not executed within 5 years. following manner:
The enforcement of a dormant judgment is in the nature of an
ordinary civil action with the object of: (1) reviving the dormant (a) In case of the death of the judgment obligee, upon the
judgment, and (2) executing the judgment reviving it. application of his executor or administrator, or
successor in interest;
ACTION FOR REVIVAL OF JUDGEMENT
- no more than a procedural means of securing the (b) In case of the death of the judgment obligor, against
execution of a previous judgment which has become his executor or administrator or successor in
dormant after the passage of 5 years without it being interest, if the judgment be for the recovery of real or
executed upon motion of the prevailing party. personal property, or the enforcement of a lien thereon;
- not intended to re-open any issue affecting the merits Ø Action for the recovery of a sum of money à
of the judgment debtor's case nor the propriety or execution will not issue; judgement obligee
correctness of the first judgment. should filed a claim against the estate of the
- a new and independent action, different and distinct judgement obligor under Rule 86
from the case, wherein the cause of action is the
decision itself and not the merits of the action upon (c) In case of the death of the judgment obligor, after
which the judgment sought to be enforced is rendered. execution is actually levied upon any of his property,
- premised on the assumption that the decision to be the same may be sold for the satisfaction of the
revived, either by motion or by independent action, is judgment obligation, and the officer making the sale
already final and executory shall account to the corresponding executor or
administrator for any surplus in his hands.
WHERE TO FILE: RTC (incapable of pecuniary estimation) + Reason: after a valid levy, the property is already
apply rules on venue (real or personal action) separated from the estate of the deceased and is
deemed in custodia legis. As long as there is already a
GR: A final and executory judgment must be enforced by motion levy on the property and there is a death, it will continue
within 5 years from its entry. Otherwise, it becomes a dormant to the auction of sale.
judgment which may only be enforced through an independent
action for revival of judgment. SECTION 8. Issuance, form and contents of a writ of
execution— The writ of execution shall:
XPN: A final and executory judgment may still be enforced by (1) issue in the name of the Republic of the Philippines from
motion after the 5-year period from entry if: the court which granted the motion;
• Delay is attributable to the judgment debtor as when (2) state the name of the court, the case number and title,
he employs legal maneuvers to block the enforcement the dispositive part of the subject judgment or order; and
of the judgment by filing numerous motions and appeals (3) require the sheriff or other proper officer to whom it is
in the appellate courts, even causing the CA’s issuance directed to enforce the writ according to its terms, in the
of the TRO enjoining the enforcement of the decision. manner hereinafter provided:
• Agreement of the parties to suspend the (a) If the execution be against the property of the
enforcement of the judgment judgment obligor, to satisfy the judgment, with
• Interruption due to a motion for examination which interest, out of the real or personal property
remained pending since this proceeding is of such judgment obligor;
supplementary to an execution thus it amounted to its (b) If it be against real or personal property in the
stay hands of personal representatives, heirs,
devisees, legatees, tenants, or trustees of the
WHEN THE 5 AND 10-YEAR PERIODS DO NOT APPLY judgment obligor, to satisfy the judgment, with
1) Judgments for support which do not become dormant interest, out of such property;
and which can always be executed by motion because (c) If it be for the sale of real or personal
the obligation is a continuing one and the court never property, to sell such property, describing it,
loses jurisdiction to enforce the same and apply the proceeds in conformity with the
2) Special proceedings, such as land registration and judgment, the material parts of which shall be
cadastral cases wherein the right to ask for a writ of recited in the writ of execution;
possession does not prescribe; (d) If it be for the delivery of the possession of
3) Contempt orders in unauthorized re-entry on the land real or personal property, to deliver the
by ejected defendant possession of the same, describing it, to the
4) Penalty in criminal cases (Art 93 of the RPC applies), party entitled thereto, and to satisfy any costs,
however the 5 and 10-year periods apply to the civil damages, rents, or profits covered by the
aspect of the case judgment out of the personal property of the
person against whom it was rendered, and if
Ø IF REVIVED JUDGMENT WAS NOT sufficient personal property cannot be found,
ENFORCED, IT MAY STILL BE ENFORCED BY then out of the real property; and
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(e) In all cases, the writ of execution shall The sheriff shall sell only a sufficient portion of the personal or
specifically state the amount of the interest, real property of the judgment obligor which has been levied
costs, damages, rents, or profits due as of upon.
the date of the issuance of the writ, aside from
the principal obligation under the judgment. For When there is more property of the judgment obligor than is
this purpose, the motion for execution shall sufficient to satisfy the judgment and lawful fees, he must sell
specify the amounts of the foregoing reliefs only so much of the personal or real property as is sufficient to
sought by the movant. satisfy the judgment and lawful fees.

DUTY OF SHERIFF Real property, stocks, shares, debts, credits, and other personal
purely ministerial; he is to execute the order of the court strictly property, or any interest in either real or personal property, may
to the letter. He has no discretion whether to execute the be levied upon in like manner and with like effects as under a
judgment or not. He is mandated to uphold the majesty of the writ of attachment.
law as embodied in the decision. Once the writ is placed in the
hands of the sheriff, he is obligated to execute the order of the (c) Garnishment of debts and credits.— The officer may levy
court strictly to the letter and with reasonable promptness. on debts due the judgment obligor and other credits, including
bank deposits, financial interests, royalties, commissions and
MONEY JUDGEMENTS other personal property not capable of manual delivery in the
SECTION 9. Execution of judgments for money, how possession or control of third parties. Levy shall be made by
enforced.— serving notice upon the person owing such debts or having in
(a) Immediate payment on demand.— The officer shall his possession or control such credits to which the judgment
enforce an execution of a judgment for money by demanding obligor is entitled. The garnishment shall cover only such
from the judgment obligor the immediate payment of the full amount as will satisfy the judgment and all lawful fees.
amount stated in the writ of execution and all lawful fees. The
judgment obligor shall pay in cash, certified bank check The garnishee shall make a written report to the court within
payable to the judgment obligee, or any other form of 5 days from service of the notice of garnishment stating whether
payment acceptable to the latter, the amount of the judgment or not the judgment obligor has sufficient funds or credits to
debt under proper receipt directly to the judgment obligee or his satisfy the amount of the judgment. If not, the report shall state
authorized representative if present at the time of payment. The how much funds or credits the garnishee holds for the judgment
lawful fees shall be handed under proper receipt to the executing obligor. The garnished amount in cash, or certified bank check
sheriff who shall turn over the said amount within the same day issued in the name of the judgment obligee, shall be delivered
to the clerk of court of the court that issued the writ. directly to the judgment obligee within 10 working days from
service of notice on said garnishee requiring such delivery,
If the judgment obligee or his authorized representative is except the lawful fees which shall be paid directly to the court.
not present to receive payment, the judgment obligor shall
deliver the aforesaid payment to the executing sheriff. The In the event there are 2 or more garnishees holding deposits or
latter shall turn over all the amounts coming into his possession credits sufficient to satisfy the judgment, the judgment obligor, if
within the same day to the clerk of court of the court that issued available, shall have the right to indicate the garnishee or
the writ, or if the same is not practicable, deposit said amounts garnishees who shall be required to deliver the amount due;
to a fiduciary account in the nearest government depository otherwise, the choice shall be made by the judgment obligee.
bank of the RTC of the locality.
The executing sheriff shall observe the same procedure under
The clerk of said court shall thereafter arrange for the paragraph (a) with respect to delivery of payment to the
remittance of the deposit to the account of the court that issued judgment obligee.
the writ whose clerk of court shall then deliver said payment to
the judgment obligee in satisfaction of the judgment. The LEVY
excess, if any, shall be delivered to the judgment obligor while - act by which an officer sets apart or appropriates a part
the lawful fees shall be retained by the clerk of court for or whole property of the judgement debtor for purposes
disposition as provided by law. In no case shall the executing of the execution sale
sheriff demand that any payment by check be made payable to - Pre-requisite to auction. A sale not preceded by a valid
him. levy is void and the purchaser acquires no title.
- May be made only when the judgement obligor cannot
(b) Satisfaction by levy.— If the judgment obligor cannot pay pay all or part of the obligation in cash, certified bank
all or part of the obligation in cash, certified bank check or other check, or through other modes acceptable to the
mode of payment acceptable to the judgment obligee, the officer prevailing party. If payment can be done, a levy is
shall levy upon the properties of the judgment obligor of every unnecessary.
kind and nature whatsoever which may be disposed of for value
and not otherwise exempt from execution giving the latter the HOW TO EFFECT LEVY
option to immediately choose which property or part thereof
may be levied upon, sufficient to satisfy the judgment. If the Real property: by filing with the RD a copy of the order
judgment obligor does not exercise the option, the officer shall together with the description of the property and a notice that it
first levy on the personal properties, it any, and then on the real is attached
properties if the personal properties are insufficient to answer for
the judgment. Personal property
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1. if capable of manual delivery, by taking and safely situated within the Philippines, the court in lieu of directing
keeping it in custody of the sheriff after issuing the a conveyance thereof may by an order divest the title of any
corresponding receipt therefor party and vest it in others, which shall have the force and
2. If incapable of manual delivery (ex: debts and credits, effect of a conveyance executed in due form of law.
royalties, commissions), by leaving with the person
owing such debts or having in possession or under his (b) Sale of real or personal property — If the judgment be for
control, such credits or other personal property, or with the sale of real or personal property, to sell such property,
his agent, a copy of the writ and notice that the debts describing it, and apply the proceeds in conformity with the
owing by him to the party against whom attachment is judgment.
issued and the credits and other personal property in his
possession or under his control, belonging to said party, (c) Delivery or restitution of real property — The officer shall
are attached in pursuance of such writ demand of the person against whom the judgment is rendered
for the delivery or restitution of real property and all persons
GARNISHMENT claiming rights under him to peaceably vacate the property
- act of appropriation by the court when the property of within 3 working days, and restore possession thereof to
the debtor is in the hands of a third person the judgment obligee; otherwise, the officer shall oust all such
- forced novation by the substitution of the creditors: the persons therefrom with the assistance, if necessary, of
judgement debtor who is the original creditor of the appropriate peace officers, and employing such means as may
garnishee is, through service of the writ of garnishment, be reasonably necessary to retake possession, and place the
substituted by the judgement creditor who thereby judgment obligee in possession of such property. Any costs,
becomes creditor of the garnishee damages, rents or profits awarded by the judgment shall be
- The garnishee or the third person who is in possession satisfied in the same manner as a judgment for money.
of the property of the judgement debtor is deemed a
forced intervenor. (d) Removal of improvements on property subject of
execution— When the property subject of the execution
PROCEDURE FOR GARNISHMENT contains improvements constructed or planted by the judgment
1. The sheriff will serve a notice upon the person owing obligor or his agent, the officer shall not destroy, demolish or
such debts (garnishee) or having in his possession or remove said improvements except upon special order of
control such credits; the court (special break-open order), issued upon motion of the
2. The garnishee shall make a written report to the court judgment obligee after due hearing and after the former has
within 5 days from service of the notice, stating whether failed to remove the same within a reasonable time fixed by the
or not the judgment obligor has sufficient funds of court.
credits;
3. The garnished amount shall be delivered directly to the (e) Delivery of personal property — In judgments for the
judgment obligee within 10 days from service of notice. delivery of personal property, the officer shall take possession
of the same and forthwith deliver it to the party entitled thereto
NOTE: in case there are 2 or more garnishees, the judgment and satisfy any judgment for money as therein provided.
obligor, if available, shall have the right to indicate the
garnishee/s who shall be required to deliver the amount due; SPECIAL JUDGEMENTS
otherwise, the choice shall be made by the judgment obligee SECTION 11. Execution of special judgments — When a
judgment requires the performance of any act other than those
ATTACHMENT GARNISHMENT mentioned in the two preceding sections, a certified copy of
Refers to corporeal property Refers to money, stocks, the judgment shall be attached to the writ of execution and
in the possession of the credits and other incorporeal shall be served by the officer upon the party against whom the
judgement debtor. property which belong to the same is rendered, or upon any other person required thereby,
judgement debtor but is in or by law, to obey the same, and such party or person may be
the possession or under the punished for contempt if he disobeys such judgment.
control of a third person.
One which requires the performance of any act, other than the
Ø No need for summons to acquire jurisdiction because by payment of money, or the sale or delivery of real or personal
issuance of the order of garnishment, the garnishee is property, which a party must personally do because his personal
already bound by the court and needs to comply. qualifications and circumstances have been taken into
consideration.
JUDGEMENTS FOR SPECIFIC ACTS
SECTION 10. Execution of judgments for specific act. — Ø Judgement should not require the performance of
a service otherwise it would run afoul of the
(a) Conveyance, delivery of deeds, or other specific acts; Constitutional proscription against involuntary
vesting title — If a judgment directs a party to execute a servitude.
conveyance of land or personal property, or to deliver deeds or
other documents, or to perform any other specific act in Ø A special judgement may be enforced by
connection therewith, and the party fails to comply within the contempt if the defendant refuses to comply with
time specified, the court may direct the act to be done at the the judgement because the writ is already directed
cost of the disobedient party by some other person to the judgement obligor.
appointed by the court and the act when so done shall have like
effects as if done by the party. If real or personal property is
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GR: the judgement debtor cannot be cited in contempt of court, • Deposits maintained by banks with the BSP as part of
Generally, contempt is not a remedy to enforce judgement. their reserve requirements

XPN: SECTION 14. Return of writ of execution.— The writ of

• Refusal to perform a particular act or special judgement execution shall be returnable to the court issuing it immediately
• In case of provisional remedy of support pendente lite, after the judgment has been satisfied in part or in full. If the
the judgement debtor may still be cited in contempt even judgment cannot be satisfied in full within 30 days after his
if the decision is not a special judgement and requires receipt of the writ, the officer shall report to the court and state
the latter to pay money the reason therefor. Such writ shall continue in effect during the
period within which the judgment may be enforced by motion.
SECTION 12. Effect of levy on execution as to third The officer shall make a report to the court every thirty 30 days
persons.— The levy on execution shall create a lien in favor on the proceedings taken thereon until the judgment is satisfied
of the judgment obligee over the right, title and interest of the in full, or its effectivity expires. The returns or periodic reports
judgment obligor in such property at the time of the levy, shall set forth the whole of the proceedings taken, and shall be
subject to liens and encumbrances then existing. filed with the court and copies thereof promptly furnished the
parties.
SECTION 13. Property exempt from execution.— Except as
otherwise expressly provided by law, the following property, and Ø The lifetime of the such writ corresponds to the
no other, shall be exempt from execution: period within which the judgement may be
a) The judgment obligor's family home as provided by enforced by motion, that is within 5 years from
law, or the homestead in which he resides, and land entry thereof.
necessarily used in connection therewith;
b) Ordinary tools and implements personally used by
him in his trade, employment, or livelihood; SECTION 15. Notice of sale of property on execution —
c) Three horses, or three cows, or three carabaos, or Before the sale of property on execution, notice thereof must be
other beasts of burden, such as the judgment obligor given as follows:
may select necessarily used by him in his ordinary
occupation; (a) In case of perishable property, by posting written notice of
d) His necessary clothing and articles for ordinary the time and place of the sale in 3 public places, preferably in
personal use, excluding jewelry; conspicuous areas of municipal or city hall, post office and public
e) Household furniture and utensils necessary for market in the municipality or city where the sale is to take place,
housekeeping, and used for that purpose by the for such time as may be reasonable, considering the condition
judgment obligor and his family, such as the judgment of the property;
obligor may select, of a value not exceeding
P100,000; (b) In case of other personal property, by posting a similar notice
f) Provisions for individual or family use sufficient for 4 in the 3 public places above-mentioned for not less than 5 days;
months;
g) The professional libraries and equipment of judges, (c) In case of real property, by posting for 20 days in the 3 public
lawyers, physicians, pharmacists, dentists, engineers, places above-mentioned a similar notice particularly describing
surveyors, clergymyeen, teachers, and other the property and stating where the property is to be sold, and if
professionals, not exceeding P300,000 in value; the assessed value of the property exceeds P50,000, by
h) One fishing boat and accessories not exceeding publishing a copy of the notice once a week for 2 consecutive
the total value of P100,000 owned by a fisherman and weeks in one newspaper selected by raffle, whether in English,
by the lawful use of which he earns his livelihood; Filipino, or any major regional language published, edited and
i) Properties specially exempted by law. circulated or, in the absence thereof, having general circulation
in the province or city;
But no article or species of property mentioned in this section
shall be exempt from execution issued upon a judgment (d) In all cases, written notice of the sale shall be given to the
recovered for its price or upon a judgment of foreclosure of a judgment obligor, at least )3days before the sale, except as
mortgage thereon. provided in paragraph (a) hereof where notice shall be given at
any time before the sale, in the same manner as personal
WHEN TO INVOKE EXEMPTION FROM EXECUTION: must be service of pleadings and other papers as provided by Section 6
raised before the sale on execution; exemption must be claimed of Rule 13.
at the time the sheriff is effecting the levy and garnishment,
otherwise deemed waived The notice shall specify the place, date and exact time of the
sale which should not be earlier than nine o'clock in the morning
NOTE: Prior to the filing of a case, the exempt properties may and not later than two o'clock in the afternoon. The place of the
not be waived by the parties by stipulation because it would run sale may be agreed upon by the parties. In the absence of such
afoul of public policy. When the case is filed, a party may waive agreement, the sale of real property or personal property not
the exemption. capable of manual delivery shall be held in the office of the clerk
of court of the Regional Trial Court or the Municipal Trial Court
OTHER PROPERTIES EXEMPTED which issued the writ or which was designated by the appellate
• Right to receive support under the FC court. In the case of personal property capable of manual
• Foreign currency deposits delivery, the sale shall be held in the place where the property
is located.
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WHEN TO AVAIL THIRD-PARTY CLAIM: while the property is

SECTION 16. Proceedings where property claimed by third still in the possession of the officer and before it is sold at
person — If the property levied on is claimed by any person execution
other than the judgment obligor or his agent, and such person
makes an affidavit of his title thereto or right to the possession REMEDIES OF A THIRD-PARTY CLAIMANT
thereof, stating the grounds of such right or title, and serves the 1) Summary hearing before the court which authorized
same upon the officer making the levy and a copy thereof the execution where the court may command that the
upon the judgment obligee, the officer shall not be bound to property be released from the mistaken levy and
keep the property, unless such judgment obligee, on demand of restored to the rightful owner of possessor; or
the officer, files a bond approved by the court to indemnify the 2) Terceria or third-party claim filed with the sheriff
third-party claimant in a sum not less than the value of the 3) Action for damages on the bond posted by judgment
property levied on. In case of disagreement as to such value, obligee filed within 120 days from the date of the filing
the same shall be determined by the court issuing the writ of of the bond; or
execution. No claim for damages for the taking or keeping of the 4) Independent reinvindicatoria action
property may be enforced against the bond unless the action
therefor is filed within 120 days from the date of the filing of the Ø The remedies are cumulative and may be resorted
bond. to by the third-party claimant independently of or
separately from the others
The officer shall not be liable for damages for the taking or
keeping of the property, to any third-party claimant if such bond Ø If the winning party files a bond, it is only then that
is filed. Nothing herein contained shall prevent such claimant or the sheriff can take the property in his possession.
any third person from vindicating his claim to the property in a If there is no bond, the sale cannot proceed.
separate action, or prevent the judgment obligee from claiming NOTE: The timing of the filing of the third-party claim is important
damages in the same or a separate action against a third-party because the timing determines the remedies that a third party is
claimant who filed a frivolous or plainly spurious claim. allowed to file. A third-party claimant under S16 R39 may
vindicate his claim to the property in a separate action, because
When the writ of execution is issued in favor of the Republic of intervention is no longer allowed as judgment has already been
the Philippines, or any officer duly representing it, the filing of rendered. A third-party claimant under S14 R5, on the other
such bond shall not be required, and in case the sheriff or levying hand, may vindicate his claim to the property by Intervention
officer is sued for damages as a result of the levy, he shall be because he has a legal interest in the matter in litigation.
represented by the Solicitor General and if held liable therefor,
the actual damages adjudged by the court shall be paid by the SECTION 17. Penalty for selling without notice, or removing
National Treasurer out of such funds as may be appropriated for or defacing notice — An officer selling without the notice
the purpose. prescribed by Section 15 of this Rule shall be liable to pay
punitive damages in the amount of P5,000 to any person injured
THIRD PARTY CLAIM (terceria) thereby, in addition to his actual damages, both to be
A remedy afforded to a third-party with a claim to property levied, recovered by motion in the same action; and a person willfully
attached, or seized by virtue of court order, wherein the third- removing or defacing the notice posted, if done before the sale,
party makes an affidavit of his title or right of possession to the or before the satisfaction of the judgment if it be satisfied before
property and serves the affidavit upon the court officer and a the sale, shall be liable to pay P5,000 to any person injured by
copy upon the judgement obligee. It is available to a third-party reason thereof, in addition to his actual damages, to be
in cases of levy on execution, attachment, and replevin. recovered by motion in the same action.

THIRD-PARTY CLAIM THIRD-PARTY SECTION 18. No sale if judgment and costs paid — At any
COMPLAINT time before the sale of property on execution, the judgment
Filed by third-party claimant A claim that a defending obligor may prevent the sale by paying the amount required by
who is a stranger to principal party may, with leave of the execution and the costs that have been incurred therein.
action where the writ was court, file against a person
issued not a party to the action for SECTION 19. How property sold on execution; who may
contribution, indemnity, direct manner and order of sale— All sales of property under
subrogation, or any other execution must be made at public auction, to the highest bidder,
relief, in respect of his to start at the exact time fixed in the notice. After sufficient
opponent’s claim property has been sold to satisfy the execution, no more shall
Shall be filed or served to the Shall be filed with the clerk of be sold and any excess property or proceeds of the sale shall
sheriff enforcing the writ court like any other be promptly delivered to the judgment obligor or his authorized
proceedings representative, unless otherwise directed by the judgment or
The filing of the third-party The third-party defendant is order of the court. When the sale is of real property, consisting
claim will discharge the made a party to the principal of several known lots, they must be sold separately; or, when a
sheriff from the duty of action portion of such real property is claimed by a third person, he may
keeping the property to serve require it to be sold separately. When the sale is of personal
the purpose of the writ property capable of manual delivery, it must be sold within view
of those attending the same and in such parcels as are likely to
bring the highest price. The judgment obligor, if present at the
sale, may direct the order in which property, real or personal,
shall be sold, when such property consists of several known lots
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or parcels which can be sold to advantage separately. Neither Ø Confirmation of the sale is not needed unlike in judicial
the officer conducting the execution sale, nor his deputies, can foreclosure of mortgage. The certificate of sale is
become a purchaser, nor be interested directly or indirectly in merely provisional.
any purchase at such sale. GR: Validity of an auction sale cannot be attacked because of
the presumption of regular performance of duty by the sheriff.
SECTION 20. Refusal of purchaser to pay — If a purchaser
refuses to pay the amount bid by him for property struck off to XPN:
him at a sale under execution, the officer may again sell the • When from the nature of the irregularity or from intrinsic
property to the highest bidder and shall not be responsible for facts, injury resulted; and
any loss occasioned thereby; but the court may order the • When the price obtained is shockingly inadequate and it
refusing purchaser to pay into the court the amount of such loss, is shown that a better price can be obtained at a resale
with costs, and may punish him for contempt if he disobeys the
order. The amount of such payment shall be for the benefit of
XPN to XPN: The rule that you can question the validity of the
the person entitled to the proceeds of the execution, unless the
auction sale if the price obtained is shockingly inadequate does
execution has been fully satisfied, in which event such proceeds
not apply when the property sold is real properly
shall be for the benefit of the judgment obligor. The officer may
thereafter reject any subsequent bid of such purchaser who
refuses to pay. Reason: The lower the purchase price, the easier it would be for
the judgment obligor to redeem his property.
SECTION 21. Judgment obligee as purchaser — When the
purchaser is the judgment obligee, and no third-party claim SECTION 26. Certificate of sale where property claimed by
has been filed, he need not pay the amount of the bid if it does third person — When a property sold by virtue of a writ of
not exceed the amount of his judgment. If it does, he shall pay execution has been claimed by a third person, the certificate of
only the excess. sale to be issued by the sheriff pursuant to Sections 23, 24 and
25 of this Rule shall make express mention of the existence
SECTION 22. Adjournment of sale — By written consent of the of such third-party claim.
judgment obligor and obligee, or their duly authorized
representatives, the officer may adjourn the sale to any date and SECTION 27. Who may redeem real property so sold — Real
time agreed upon by them. Without such agreement, he may property sold as provided in the last preceding section, or any
adjourn the sale from day to day if it becomes necessary to do part thereof sold separately, may be redeemed in the manner
so for lack of time to complete the sale on the day fixed in the hereinafter provided, by the following persons:
notice or the day to which it was adjourned.
(a) The judgment obligor, or his successor in interest in the
SECTION 23. Conveyance to purchaser of personal whole or any part of the property;
property capable of manual delivery — When the purchaser - Successor-in-interest: includes a person to whom he
of any personal property, capable of manual delivery, pays the has transferred his right of redemption, or one to whom
purchase price, the officer making the sale must deliver the he has conveyed his interests in the property for
property to the purchaser and, if desired, execute and deliver purposes of redemption, or one who succeeds to his
to him a certificate of sale. The sale conveys to the purchaser property by operation of law, or a person with joint
all the rights which the judgment obligor had in such property as interest in the property, or his spouse or heirs
of the date of the levy on execution or preliminary attachment. (b) A creditor having a lien by virtue of an attachment, judgment
or mortgage on the property sold, or on some part thereof,
SECTION 24. Conveyance to purchaser of personal subsequent to the lien under which the property was sold.
property not capable of manual delivery – When the Such redeeming creditor is termed a redemptioner.
purchaser of any personal property, not capable of manual - If his lien is prior to the judgement, he is not a
delivery, pays the purchase price, the officer making the sale redemptioner because his interests in his lien are fully
must execute and deliver to the purchaser a certificate of sale. protected
Such certificate conveys to the purchaser all the rights which - Ex of redemptioner: P filed a case against D for
the judgment obligor had in such property as of the date of the damages and is able to attach D’s land. D mortgages
levy on execution or preliminary attachment. the land to X who is unaware that it had been attached
by P. If P wins and the land is sold on execution, X is
SECTION 25. Conveyance of real property; certificate a redemptioner, his mortgage lien being subsequent to
thereof given to purchaser and filed with registry of deeds the lien obtained by P through attachment.
— Upon a sale of real property, the officer must give to the
purchaser a certificate of sale containing: SECTION 28. Time and manner of, and amounts payable on,
a) A particular description of the real property sold; successive redemptions; notice to be given and filed — The
b) The price paid for each distinct lot or parcel; judgment obligor, or redemptioner, may redeem the property
c) The whole price paid by him; from the purchaser, at any time within 1 year from the date of
d) A statement that the right of redemption expires 1 year the registration of the certificate of sale, by paying the
from the date of the registration of the certificate of purchaser the amount of his purchase, with 1% per month
sale. interest thereon in addition, up to the time of redemption,
Such certificate must be registered in the registry of deeds of the together with the amount of any assessments or taxes which the
place where the property is situated. purchaser may have paid thereon after purchase, and interest
on such last named amount at the same rate; and if the
purchaser be also a creditor having a prior lien to that of the
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redemptioner, other than the judgment under which such • Judgement Obligor or First Redemptioner
purchase was made, the amount of such other lien, with interest. 1. Purchase price
2. 1% interest thereon, up to the time of redemption
Property so redeemed may again be redeemed within 60 days 3. Any amount of assessments or taxes which the
after the last redemption upon payment of the sum paid on the purchaser may have paid thereon after purchase
last redemption, with 2% thereon in addition, and amount of any and interest on such last-named amount at the
assessments or taxes which the redemptioner may have paid same rate; and
thereon after redemption by him, with interest on such last- 4. If the purchaser be also a creditor having a prior
named amount, and in addition, the amount of any liens held by lien to that of the redemptioner, other than the
said last redemptioner prior to his own, with interest. The judgment under which such purchase was made,
property may be again, and as often as a redemptioner is so the amount of such other lien, with interest.
disposed, redeemed from any previous redemptioner within 60 • Subsequent Redemptioners
days after the last redemption, on paying the sum paid on the 1. Purchase price
last previous redemption, with two per centum thereon in 2. 2% interest thereon
addition, and amounts of any assessments or taxes which the 3. Any amount of assessments or taxes which the
previous redemptioner paid after the redemption thereon, with last redemptioner may have paid thereon after
interest thereon, and the amount of any liens held by the last redemption by him with interest on such last-
redemptioner prior to his own, with interest. named amount (12% per annum), and
4. Amount of any liens held by said last redemptioner
Written notice of any redemption must be given to the officer prior to his own, with interest.
who made the sale and a duplicate filed with the registry of
deeds of the place, and if any assessments or taxes are paid by The redemption price for subsequent redemption shall be the
the redemptioner or if he has or acquires any lien other than that same (redemption price becomes higher and higher).
upon which the redemption was made, notice thereof must in
like manner be given to the officer and filed with the registry of Ø The, offer to redeem must be accompanied with a
deeds; if such notice be not filed, the property may be redeemed bona fide tender or delivery of the redemption
without paying such assessments, taxes, or liens. price. However, a formal offer to redeem with a tender
is not necessary where the right to redeem is exercised
REDEMPTION – transferable and may be voluntarily sold, but it through the filing of a complaint to redeem in the courts,
cannot be levied upon by the judgement creditor so as to deprive within the period to redeem .
the judgement debtor of any further rights to the property.
PRINCIPILE OF SUCCESSIVE REDEMPTION
WHEN CAN REDEMPTION BE MADE The first redemptioner, may redeem the property within 1 year
• By the judgement obligor – within 1 year from the date from the date of registration of the certificate of sale, which may
of registration of the certificate of sale again be redeemed within 60 days after the last redemption
• By the first redemptioner - within 1 year from the date upon payment of the sum paid on the last redemption. This is
of registration of the certificate of sale predicated on the assumption that there are several
• By all subsequent redemptioners – within 60 days redemptioners.
from the last redemption, provided that the judgement
debtor has not exercised his right of redemption Illustration: Supposing there are 3 redemptioners and the first
redemptioner redeemed the property at the last day of the 1-
GR: In all cases the judgment obligor shall have the entire period year period. The second redemptioner may stilt redeem the
of 1 year from the date of the registration of the sale to redeem property within 60 days. from the last redemption, which may still
the property. If the judgment obligor redeems, no further be redeemed within the same period by the third redemptioner.
redemption is allowed and he is restored to his estate The period of redemption is effectively extended by 120 days. In
this case, there can be a valid legal redemption beyond the 1-
Ø The period of redemption is not suspended by an year redemption period.
action to annul the execution sale.
The periods for redemption are not extendible or SECTION 29. Effect of redemption by judgment obligor, and
interrupted. The parties may, however, agree on a a certificate to be delivered and recorded thereupon; to
longer period, in such case, it would be a conventional whom payments on redemption made— If the judgment
redemption. The parties cannot enter into an obligor redeems, he must make the same payments as are
agreement to reduce the period of redemption. Any required to effect a redemption by a redemptioner, whereupon,
agreement to that effect is a void agreement. no further redemption shall be allowed and he is restored to his
estate. The person to whom the redemption payment is made
XPN: Sec. 47 of the General Banking Act provides that in case must execute and deliver to him a certificate of redemption
of extrajudicial foreclosure of a real estate mortgage, acknowledged before a notary public or other officer authorized
notwithstanding Act 3135, juridical persons that have the right to to take acknowledgments of conveyances of real property. Such
redeem the property until, but not after, the registration of the certificate must be filed and recorded in the registry of deeds of
certificate of foreclosure sale with the applicable Register of the place in which the property is situated, and the registrar of
Deeds which in no case shall be more than 3 months after the deeds must note the record thereof on the margin of the record
foreclosure, whichever is earlier. of the certificate of sale. The payments mentioned in this and
the last preceding sections may be made to the purchaser or
REDEMPTION PRICE redemptioner, or for him to the officer who made the sale.
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EFFECT OF REDEMPTION redeemed whenever 60 days have elapsed and no other

What is actually effected where redemption is seasonably redemption has been made, and notice thereof given, and the
exercised by the judgement debtor is not the recovery of the time for redemption has expired, the last redemptioner is entitled
ownership of his land but the elimination from his title thereto to the conveyance and possession; but in all cases the judgment
of the lien created by the levy on attachment or judgement or obligor shall have the entire period of 1 year from the date of the
the registration of a mortgage thereon. registration of the sale to redeem the property. The deed shall
be executed by the officer making the sale or by his successor
SECTION 30. Proof required of redemptioner— A in office, and in the latter case shall have the same validity as
redemptioner must produce to the officer, or person from whom though the officer making the sale had continued in office and
he seeks to redeem, and serve with his notice to the officer a executed it.
copy of the judgment or final order under which he claims the
right to redeem, certified by the clerk of the court wherein the Upon the expiration of the right of redemption, the purchaser or
judgment or final order is entered; or, if he redeems upon a redemptioner shall be substituted to and acquire all the rights,
mortgage or other lien, a memorandum of the record thereof, title, interest and claim of the judgment obligor to the property as
certified by the registrar of deeds; or an original or certified copy of the time of the levy. The possession of the property shall be
of any assignment necessary to establish his claim; and an given to the purchaser or last redemptioner by the same officer
affidavit executed by him or his agent, showing the amount unless a third party is actually holding the property
then actually due on the lien. adversely to the judgment obligor.

NOTE: When the original owner wants to redeem, there is no DOCUMENTS WHICH THE SHERIFF EXECUTES IN CASE
need for him to prove his right as a judgement debtor. OF REAL PROPERTY
• Certificate of Sale – after the auction sale, he will
SECTION 31. Manner of using premises pending execute in favor of the purchaser the certificate of sale;
redemption; waste restrained— Until the expiration of the time from the registration of said certificate, the 1-year period
allowed for redemption, the court may, as in other proper cases, of redemption starts
restrain the commission of waste on the property by • Deed of Conveyance – if after 1 year there is no
injunction, on the application of the purchaser or the judgment redemption, a deed of conveyance is executed
obligee, with or without notice; but it is not waste for a person in
possession of the property at the time of the sale, or entitled to Ø The deed of conveyance is what operates to transfer to
possession afterwards, during the period allowed for the purchaser whatever rights the judgment debtor had
redemption, to continue to use it in the same manner in in the property. The certificate of sale after execution
which it was previously used; or to use it in the ordinary sale merely is a memorial of the fact of sale and does
course of husbandry; or to make the necessary repairs to not operate as a conveyance.
buildings thereon while he occupies the property.
Ø The purchaser acquires no better right than what the
SECTION 32. Rents, earnings and income of property judgement debtor has in the property levied upon.
pending redemption — The purchaser or a redemptioner shall Thus, if the judgment debtor had already transferred
not be entitled to receive the rents, earnings and income of the the property executed prior to the levy and no longer
property sold on execution, or the value of the use and has an interest in the property, the execution purchaser
occupation thereof when such property is in the possession of a acquires no right. The remedy of the purchaser will be
tenant. All rents, earnings and income derived from the property that in Rule 39 Section 34.
pending redemption shall belong to the judgment obligor until
the expiration of his period of redemption. WHEN A THIRD PERSON IS IN POSSESSION
The procedure is for the court to order a hearing and determine
RIGHTS OF THE JUDGEMENT DEBTOR UNTIL THE the nature of such adverse possession.
EXPIRATION OF THE PERIOD OF REDEMPTION
• Use the properly in the same manner it was previously NOTE: The SC emphasize that the exception provided under
used Section 33 Rule 39 contemplate a situation in which a third party
• Husbandry — care, cultivation and breeding of crops holds the property by adverse title or right, such as that of a co-
and animals owner, tenant or usufructuary, who possesses the property in
• Use the property in the ordinary course of husbandry his own right, and is not merely the successor or transferee of
• Make necessary repairs to buildings thereon while he the right of possession of another co-owner or the owner of the
occupies the property property.
• Collect rents, earnings and income derived from the
property until the expiration of period of redemption SECTION 34. Recovery of price if sale not effective; revival
• Remain in possession of the property since it is only of judgment — If the purchaser of real property sold on
after the expiration of the period of redemption that the execution, or his successor in interest, fails to recover the
highest bidder or last redemptioner becomes entitled to possession thereof, or is evicted therefrom, in consequence
conveyance and possession of the property of irregularities in the proceedings concerning the sale, or
SECTION 33. Deed and possession to be given at expiration because the judgment has been reversed or set aside, or
of redemption period; by whom executed or given — If no because the property sold was exempt from execution, or
redemption be made within 1 year from the date of the because a third person has vindicated his claim to the property,
registration of the certificate of sale, the purchaser is entitled to he may on motion in the same action or in a separate action
a conveyance and possession of the property; or, if so recover from the judgment obligee the price paid, with
interest, or so much thereof as has not been delivered to the
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judgment obligor; or he may, on motion, have the original forbid a transfer or disposition or interference with such
judgment revived in his name for the whole price with interest, property. (R39 S41)
or so much thereof as has been delivered to the judgment
obligor. The judgment so revived shall have the same force and 7. If the court finds that the judgment debtor has an
effect as an original judgment would have as of the date of the ascertainable interest in real property either as
revival and no more. mortgagor, mortgagee, or otherwise, and, his interest
can be ascertained without controversy, the court may
SECTION 35. Right to contribution or reimbursement — order the sale of such interest. (R39 S42)
When property liable to an execution against several persons is
sold thereon, and more than a due proportion of the judgment is 8. If the person alleged to have the property of the
satisfied out of the proceeds of the sale of the property of one of judgment debtor or the person indebted to him, claims
them, or one of them pays, without a sale, more than his an adverse interest in the properly, or denies the debt,
proportion, he may compel a contribution from the others; and the court may authorize the judgment-creditor to
when a judgment is upon an obligation of one of them, as institute an action to recover the property, forbid its
security for another, and the surety pays the amount, or any part transfer and may punish disobedience for contempt.
thereof, either by sale of his property or before sale, he may
compel repayment from the principal. Note: The person indebted to the judgment obligor may pay to
the sheriff holding the writ of execution the amount of his debt or
REMEDIES OF JUDGDMENT CREDITOR IF JUDGEMENT IS so much thereof as may be necessary to satisfy the judgment,
NOT FULLY SATISFIED and the sheriff's receipt shall be a sufficient discharge for the
1. If the execution is returned unsatisfied, he may cause amount so paid or directed to be credited by the judgment
examination of the judgment debtor as to his obligee on the execution. (R39 S39)
property and income (R39 S36) SECTION 36. Examination of judgment obligor when
judgment unsatisfied — When the
Note: the order of examination of the judgment obligor shall be writ of execution issued against property of a judgment obligor,
issued only by the court which rendered the judgment or any one of several obligors in the same judgment, shows that
the judgment remains unsatisfied, in whole or in part, the
2. He may cause examination of the debtor of the judgment obligee, at any time after such return is made, shall
judgment debtor as to any debt owed by him or to any be entitled to an order from the court which rendered the said
property of the judgment debtor in his possession (R39 judgment, requiring such judgment obligor to appear and be
S37) examined concerning his property and income before such
court or before a commissioner appointed by it, at a specified
Note: It is not only the judgment debtor who may be examined. time and place; and proceedings may thereupon be had for the
A person, corporation or other juridical entity, indebted to the application of the property and income of the judgment obligor
judgment debtor may be required to appear before the court or towards the satisfaction of the judgment. But no judgment
appointed commission. obligor shall be so required to appear before a court or
commissioner outside the province or city in which such
However, if any of the above-mentioned entities denied the obligor resides or is found.
indebtedness. the court may only authorize the judgment
obliqee to institute an action against the former for the recovery SECTION 37. Examination of obligor of judgment obligor —
of such interest or debt. Otherwise, the court will exceed its When the return of a writ of execution against the property of a
jurisdiction. judgment obligor shows that the judgment remains unsatisfied,
in whole or in part, and upon proof to the satisfaction of the court
3. A party or other person may be compelled by an order which issued the writ, that a person, corporation, or other
or subpoena, to attend before the court or juridical entity has property of such judgment obligor or is
commissioner to testify as provided in Secs 36 and 37. indebted to him, the court may, by an order, require such person,
Failure to obey may be punished for contempt.(R39 corporation, or other juridical entity, or any officer or member
S38) thereof, to appear before the court or a commissioner appointed
by it, at a time and place within the province or city where such
4. If the court finds property of the judgment debtor or debtor resides or is found, and be examined concerning the
money due him, not exempt from execution, either in same. The service of the order shall bind all credits due the
his own hands or that of any person, the court may judgment obligor and all money and property of the judgment
order the property applied to the satisfaction of the obligor in the possession or in the control of such person,
judgment (R39 S40) corporation, or juridical entity from the time of service; and the
court may also require notice of such proceedings to be given to
5. If the court finds the earnings of the judgment obligor any party to the action in such manner as it may deem proper.
for his personal services are more than necessary for
the support of his family, it may order payment in SECTION 38. Enforcement of attendance and conduct of
fixed monthly installments. Failure to pay any such examination.— A party or other person may be compelled, by
installment when due without good excuse, may be an order or subpoena, to attend before the court or
punished by indirect contempt. (R39 S40) commissioner to testify as provided in the two preceding
sections, and upon failure to obey such order or subpoena or to
6. The court may appoint a receiver of the property of be sworn, or to answer as a witness or to subscribe his
the judgment debtor not exempt from execution or deposition, may be punished for contempt as in other cases.
Examinations shall not be unduly prolonged, but the
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proceedings may be adjourned from time to time, until they are obligor or is indebted to him, and such person,
completed. If the examination is before a commissioner, he must corporation, or juridical entity denies an indebtedness,
take it in writing and certify it to the court. All examinations and the court may only authorize the judgment obligee to
answers before a court or commissioner must be under oath,
institute an action against such person or corporation
and when a corporation or other juridical entity answers, it must
be on the oath of an authorized officer or agent thereof. for the recovery of such interest or debt, Nothing in the
Rules gives the court the authority to order such person
SECTION 39. Obligor may pay execution against obligee — or corporation to pay the judgment obligee and the
After a writ of execution against property has been issued, a court exceeds its jurisdiction if it orders the person who
person indebted to the judgment obligor may pay to the denies the indebtedness to pay the same.
sheriff holding the writ of execution the amount of his debt or SECTION 44. Entry of satisfaction of judgment by clerk of
so much thereof as may be necessary to satisfy the judgment, court — Satisfaction of a judgment shall be entered by the
in the manner prescribed in Section 9 of this Rule, and the clerk of court in the court docket, and in the execution book,
sheriff's receipt shall be a sufficient discharge for the upon the return of a writ of execution showing the full satisfaction
amount so paid or directed to be credited by the judgment of the judgment, or upon the filing of an admission to the
obligee on the execution. satisfaction of the judgment executed and acknowledged in the
same manner as a conveyance of real property by the judgment
SECTION 40. Order for application of property and income obligee or by his counsel unless a revocation of his authority is
to satisfaction of judgment — The court may order any filed, or upon the endorsement of such admission by the
property of the judgment obligor, or money due him, not exempt judgement oblige or his counsel on the face of the record of the
from execution, in the hands of either himself or another person, judgement.
or of a corporation or other juridical entity, to be applied to the
satisfaction of the judgment, subject to any prior rights over such SECTION 45. Entry of satisfaction with or without
property. admission — Whenever a judgment is satisfied in fact, or
If, upon investigation of his current income and expenses, it otherwise than upon an execution, on demand of the judgment
appears that the earnings of the judgment obligor for his obligor, the judgment obligee or his counsel must execute and
personal services are more than necessary for the support of his acknowledge, or indorse, an admission of the satisfaction
family, the court may order that he pay the judgment in fixed as provided in the last preceding section, and after notice and
monthly installments, and upon his failure to pay any such upon motion the court may order either the judgment obligee or
installment when due without good excuse, may punish him for his counsel to do so, or may order the entry of satisfaction to be
contempt. made without such admission.
SECTION 41. Appointment of receiver — The court may SECTION 46. When principal bound by judgment against
appoint a receiver of the property of the judgment surety — When a judgment is rendered against a party who
obligor; and it may also forbid a transfer or other disposition of, stands as surety for another, the latter is also bound from the
or any interference with, the property of the judgement obligor time that he has notice of the action or proceeding, and an
not exempt from execution. opportunity at the surety's request to join in the defense.
SECTION 42. Sale of ascertainable SECTION 47. Effect of judgments or final orders –
obligor in real estate — If it appears that the judgment obligor The effect of a judgment or final order rendered by a court or of
has an interest in real estate in the place in which proceedings the Philippines, having jurisdiction to pronounce the judgment or
are had, as mortgagor or mortgagee or otherwise, and his final order, may be as follows:
interest therein can be ascertained without controversy, the
receiver may be ordered to sell and convey such real estate or (a) In case of a judgment or final order against a specific thing,
the interest of the obligor therein; and such sale shall be or in respect to the probate of a will, or the administration of the
conducted in all respects in the same manner as is provided for estate of a deceased person, or in respect to the personal,
the sale of real estate upon execution, and the proceedings political, or legal condition or status of a particular person or his
thereon shall be approved by the court before the execution of relationship to another, the judgment or final order is conclusive
the deed. upon the title to the thing, the will or administration, or the
condition, status or relationship of the person; however, the
SECTION 43. Proceedings when indebtedness denied or probate of a will or granting of letters of administration shall only
another person claims the property — If it appears that a be prima facie evidence of the death of the testator or intestate;
person or corporation, alleged to have property of the judgment (ACTION IN REM)
obligor or to be indebted to him, claims an interest in the
property adverse to him or denies the debt, the court may (b) In other cases, the judgment or final order is, with respect to
authorize, by an order made to that effect, the judgment obligee the matter directly adjudged or as to any other matter that could
to institute an action against such person or corporation for the have been raised in relation thereto, conclusive between the
recovery of such interest or debt, forbid a transfer or other parties and their successors in interest by title subsequent to
disposition of such interest or debt within 120 days from the commencement of the action or special proceeding, litigating
notice of the order, and may punish disobedience of such order for the same thing and under the same title and in the same
as for contempt. Such order may be modified or vacated at any capacity; and (ACTION IN PERSONAM)
time by the court which issued it, or by the court in which the
action is brought, upon such terms as may be just. (c) In any other litigation between the same parties or their
Ø In the examination of a person, corporation, or other successors in interest, that only is deemed to have been
juridical entity who has the property of such judgment
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adjudged in a former judgment or final order which appears upon as between the first case where the judgement was rendered
its face to have been so adjudged, or which was actually and and the second case sought to be barred, there is only an
necessarily included therein or necessary thereto. identity of parties but there is no identity of cause of action, the
first judgment is conclusive only as to those matters actually and
TWO PARTS directly controverted and determined and not as to matters
• Bar by prior judgment — direct estoppel by judgment, merely involved therein
or claim preclusion. Paragraphs (a) and (b) of Section
47. Under the principle of conclusiveness of judgment, such material
fact becomes binding and conclusive on the parties. When a
• Conclusiveness of Judgment — also known as right or fact has been judicially tried and determined by a court
estoppel by verdict, or estoppel by record, or collateral of competent jurisdiction, or when an opportunity for such trial
estoppel by judgment or preclusion of issues or rule of has been given, the judgment of the court, as long as it remains
auter action pendant. It covers paragraph (c) of Rule unreversed, should be conclusive upon the parties and those in
47. privity with them.

RES JUDICATA BAR BY PRIOR JUDGEMENT In order that a judgment in one action can be conclusive as to a
judgment on the merits in a previous case rendered by a court particular matter in another action between the same parties or
of competent jurisdiction would bind a subsequent case if, their privies, it is essential that the issue be identical. Thus, it has
between the first and second actions, there exists an identity of the effect of preclusion only of issues.
parties, of subject matter, and of causes of action; judgement in
the first case constitutes an absolute bar to the second action RIG: In conclusiveness of judgement, the parties in both actions
are the same but the causes of action are different. Hence, the
Requisites: former judgement or final order is conclusive only in respect as
1. Final judgment or order to the matters actually raised and adjudged therein.
2. Jurisdiction over the subject matter and the parties
by the court rendering it EX: Finding by DARAB that petitioner was a bona fide tenant
3. Judgment upon the Merits meant that the RTC in criminal cases cannot convict him of theft
4. Identity between the two cases: because of conclusiveness of judgment.
a. There is identity of parties –
i. the parties in both cases are the BAR BY FORMER CONSLUSIVENESS OF
same, or JUDGMENT JUDGEMENT
ii. the actions are between those in The judgement or decree on Any right, fact, or matter in
privity with them, as between their the merits concludes the issue directly adjudicated or
successors in interest by title parties and their privies to the necessarily involved in the
subsequent to the commencement litigation and constitutes a determination of an action
of the action, litigating for the same bar to a new action or suit before a competent court in
thing and under the same title and in involving the same cause of which a judgement or decree
the same capacity, or action either before the same is rendered on the merits is
iii. where there is substantial identity or any other tribunal conclusively settled by the
even if there are additional parties. judgement therein and
iv. if the defendant in the first case cannot again be litigated
becomes the plaintiff, and vice- between the parties and their
versa. privies, whether or not the
b. Identity of subject matter claim or demand, purpose, or
c. Identity of cause of action even if the subject matter of the 2 suits is
remedies are different the same
EX: A mortgage-creditor haws a single cause of action against Makes the judgement The judgement in the prior
a mortgage-debtor, which is to recover the debt. The former has rendered in the first case an action operates as an
the option of either filing a personal action for collection of sum absolute bar to the estoppel only as to the
of money or instituting a real action to foreclose on the mortgage subsequent action since the matters actually determined
security. An election of the first bars recourse to the second, judgement id conclusive not or which were necessarily
otherwise there would be multiplicity of suits. only as to the matters offered included therein
and received to sustain it but
NO RES JUDICATA IN: also to any other matter
• Revival of Judgement – cause of action is for revival of which might have been
dormant judgement offered for that purpose and
• Annulment of Judgement – cause of action is extrinsic which could have been
fraud or lack of jurisdiction. Subject matter is the adjudged therein
judgement itself. Under the doctrine of res judicata, no There is identity of causes of Causes of action are different
matter how erroneous a judgement may be, once it action between prior and
becomes final, it cannot be corrected. subsequent case
Prior case is conclusive not Prior case is conclusive only
RES JUDICATA BY CONCLUSIVENESS OF JUDGEMENT only as to matters directly in respect of the matters
adjudged but also to any
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other matter that could have actually raised and adjudged remanded to the court a quo, the ruling on appeal
been raised in relation in the prior case becomes res judicata
thereto
Bars the relitigation of a case Bars only the relitigation of an IMMUTABILITY OF JUDGEMENTS
issue. Once a judgment attains finality il thereby becomes immutable
A ground for motion to Not a ground and unalterable. The decisions of the court must be immutable
dismiss at some definite period of time, no matter how erroneous a
judgment may be. Otherwise, there would be no end to litigation.
Stare decisis et non quieta movere
This rule holds that when the Supreme Court has laid down a LAW OF THE CASE RES JUDICATA
principle of law as applicable to a certain state of facts, it will Applies only to that one case forecloses parties or privies
adhere to that principle and apply it to all future cases in which in one case by what has
the facts are substantially the same. been done in another case
Relates entirely to questions applicable to the conclusive
BASIS: Art. 8, NCC of law determination of issues of
fact, although it may include
For the sake of certainty, a conclusion reached in one case questions of law
should be doctrinally applied to those that follow if the facts are confined in its operation to may apply to collateral
substantially the same, even though the parties may be different. subsequent proceedings in proceedings in the same
It proceeds from the first principle of justice that absent any the same case action but it is generally
powerful countervailing considerations, like cases are ought to concerned with the effect of
be decided alike. Thus, where the same questions relating to the an adjudication in a wholly
same event have been put forward by the parties similarly independent proceeding
situated as in a previous case litigated and decided by a
competent court, the rule of stare decisis is a bar to any attempt LAW OF THE CASE STARE DECISIS
to re-litigate the same issue. à APPLIES ONLY TO SC The ruling adhered to in the Once a point of law has been
DECISIONS particular case need not be established by the court, that
followed as a precedent in a point of law will, generally, be
DOCTRINE OF LAW OF THE CASE subsequent litigation followed by the same court
According to this principle, whatever is once irrevocably between other parties, and by all court of lower rank
established as the controlling legal rule or decision between the neither by the appellate court in subsequent cases where
same parties in the case continues to be the law of the case which made the decision the same legal issue is
whether correct on general principles or not, so long as the facts followed on a subsequent raised.
on which such decision was predicated continue to be the facts appeal in the same case, nor
of the case before the court. When an appellate court once by any other court.
declared the law in a case, such declaration continues to be the
law of the case even on a subsequent appeal. SECTION 48. Effect of foreign judgments or final orders —
- This rule does not apply to resolutions rendered in The effect of a judgment or final order of a tribunal of a foreign
connection with the case wherein no rationale has country, having jurisdiction to render the judgment or final order
been expounded on the merits of that action. is as follows:

Ø whatever is once irrevocably established as the (a) In case of a judgment or final order upon a specific thing,
controlling legal rule or decision between the same the judgment or final order is conclusive upon the title to the
parties in the case continues to be the law of the case, thing; and
whether correct on general principles or not, so long as
the facts on which such decision was predicated continue (b) In case of a judgment or final order against a person, the
to be the facts of the case before the court judgment or final order is presumptive evidence of a right as
between the parties and their successors in interest by a
Ø generally finds application in cases where an appellate subsequent title.
court passes on a question and remands the case to the
lower court for further proceedings; the question there In either case, the judgment or final order may be repelled by
settled becomes the law of the case upon subsequent evidence of a want of jurisdiction, want of notice to the party,
appeal. Consequently, the court reviewing will not collusion, fraud, or clear mistake of law or fact.
relitigate the case but, instead, apply the ruling in the
previous appeal. This enables the appellate court to PUBLIC POLICY PRINCIPLE
perform its duties satisfactorily and efficiently which - A judgment by a court is enforceable only within its
would be impossible if a question, once considered and territorial jurisdiction.
decided by it, were to be litigated anew in the same case - Foreign laws do not prove themselves in our
and upon any and subsequent appeal jurisdiction and our courts are not authorized to lake
judicial notice of them. Like any other fact, they must
Ø merely relates to questions of law; it will not apply when be alleged and proved
the case is not a continuation of the first case in which
case the question of law was determined – if later
NOTE: The judgment of foreign tribunal cannot be enforced by
execution in the Philippines. Such judgment only creates a right
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of action and its non-satisfaction, a cause of action, and it is

necessary that a suit be brought upon said foreign judgment in
our local courts.

Ø Judgements of foreign courts may only be enforced in

the Philippines through an action validly heard in the
RTC. Thus, it is actually the judgment of the Philippine
court enforcing the foreign judgment that shall be
executed.

Ø A foreign arbitral award cannot be enforced in the

Philippines under the rules on the recognition and
enforcement of foreign judgments. A foreign arbitral
award is not a foreign judgment, and pursuant to the
Alternative Dispute Resolution Act of 2004 (R.A No.
9285), in relation to 1958 New York Convention of the
Recognition and Enforcement of Foreign Arbitral
Awards, the recognition and enforcement of the foreign
arbitral awards shall be in accordance with the rules of
procedure promulgated by the Supreme Court. At
present, the SC is yet to promulgate rules of procedure
on the subject matter.

WHERE TO FILE
The suit upon the foreign judgment is considered as one
incapable of pecuniary estimation and therefore it must be filed
in the RTC.

TWO WAYS OF GIVING EFFECT TO A FOREIGN

JUDGEMENT
1. An ordinary action to enforce the foreign judgment may
be filed in court; or
2. It may be pleaded in an answer or a motion to dismiss

“WANT OF JURISDICTION”
- Refers to either subject matter jurisdiction or personal
jurisdiction
- Presence of jurisdiction should be judged not only in
accordance with the foreign law but also with the PH
law
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A.M. No. 11-9-4-SC • other courts: 1 original (properly marked) with the
Efficient Use of Paper Rule stated annexes attached to it
Annexes Served on Adverse Party: A party required to serve
Applicability: all courts and quasi-judicial bodies under the a copy of his court-bound on the adverse party need not enclose
administrative supervision of the SC copies of those annexes that such party already has in his
possession. In the event a party requests a set of the annexes
FORMAT AND STYLE: actually filed with the court, the party who filed the paper shall
• single space comply with the request within 5 days from receipt.
• 1 ½ space between paragraphs
• easily readable font style of the party’s choice A.M. No. 20-12-01-SC
• 14-size font Guidelines on the Conduct of Videoconferencing
• 13–inch by 8.5-inch white bond paper
Covered: 1. Policy
- All pleadings, motions and similar papers intended for • conduct of videoconferencing shall be considered as an
alternative mode to in-court proceedings, which remains to be the
the court and quasi-judicial body’s consideration and primary mode in hearing cases
action (court-bound papers) • presiding judge or justice shall, at all times, supervise and control
- All decisions, resolutions and orders issued by courts the proceedings
and quasi-judicial bodies under the administrative • conduct of videoconferencing shall closely resemble in-court
supervision of the Supreme Court hearings, with remote locations viewed as extensions of the
- reports submitted to the courts and transcripts of courtroom. The dignity and solemnity, as well as the rules and
practices on proper court decorum, shall be strictly observed.
stenographic notes • Perjury and contempt laws shall apply
• Rights of the accused are deemed observed when such
MARGINS AND PRINTS appearance and/or testimony are done remotely through
• left hand margin of 1.5 inches from the edge videoconferencing with his or her consent
• upper margin of 1.2 inches from the edge • confidentiality of attorney-client communications shall always be
preserved; litigants and their counsel shall be provided with private
• right hand margin of 1 inch from the edge means of communication whenever necessary.
• lower margin of 1 inch from the edge • ROC shall continue to be observed during videoconferencing,
• Every page must be consecutively numbered except with regard to the requirement that witnesses shall give
Copies to be filed: Unless otherwise directed by the court, the testimony in open court
• When any party such as the accused PDLs invoke their
number of court-bound papers shall be as follows:
constitutional right, the court shall grant the same and
• SC: 1 original (properly marked) and 4 copies • suspend the videoconferencing, unless denial is warranted by a
compelling state interest or public policy, as may be determined
o SC En Banc: 10 additional copies; parties need by the justice or judge
to submit only 2 sets of annexes, one attached to
2. Definition of Terms
the original and an extra copy.
a. Videoconferencing -- court hearings and proceedings, including
the taking of testimony, conducted through videoconferencing
o Division - parties need to submit also 2 sets of technology, or the use of video, audio, and data transmission
annexes, one attached to the original and an extra devices to allow participants in different physical locations to
copy simultaneously communicate by seeing and hearing each other.

Fully-remote: none of the participants is physically present in court, all

o All members of the Court shall share the extra participants appear from remote locations using the authorized platform.
copies of annexes in the interest of economy of
paper. Partially-remote: at least one of the participants appears physically in court

b. Participant - litigants, counsel, testifying witnesses, judges,

Ø Parties to cases before the SC are further required,
justices, essential court staff, other interpreters.
(voluntary basis for the first 6 months following the
effectivity) and compulsorily afterwards unless the c. High-risk PDL - a PDL who is:
period is extended, to submit, simultaneously with their i. charged with violations of laws penalizing terrorism and
court-bound papers, soft copies of the same and terrorism-related offenses;
ii. charged with violation/s of laws penalizing crimes
their annexes (in PDF format) either by email to the
against international humanitarian law, genocide, and
Court’s e-mail address or by compact disc (CD). This other crimes against humanity; or
requirement is in preparation for the eventual iii. "high-value target" because of the threat posed to the
establishment of an e-filing paperless system in the security of the jail facilities, the court, or the community,
judiciary. the risk of escape or attempted escape, and other
safety and welfare considerations in transporting him or
her to and from the jail and courtroom. This includes,
• CA & SB: 1 original (properly marked) and 2 copies but is not limited to, suspected members of local and
with their annexes foreign terrorist groups, and drug a d other organized
crime syndicates.
• CTA: 1 original (properly marked) and 2 copies with
3. Coverage and Applicability
their annexes
o En Banc: 1 original (properly marked) and 8 (b) Courts – 1st and 2nd level courts
copies with annexes
(c) Cases -- all actions and proceedings, including small claims
cases, in whatever stage, when, based on the attending
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circumstances, the court finds that the conduct of VC will be

beneficial to the fair, speedy, and efficient administration of 4. No cancellation of scheduled VC hearings except on meritorious grounds,
justice such as in the following instances: the justice or judge shall not cancel
i. Acts of God, such as typhoons, floods, earthquakes, or
other unforeseen events, and human-induced events, 5. Orders and actions -- as if done in open court. Such orders shall have the
such as fires, strikes, lockdowns, those which limit same effect. On the same day, the court shall send electronic copies of said
physical access to the courts, and other instances posing open court
threats to the security and safety of the courts and/or orders to the litigants and their counsel, and produce hard copies which shall
personnel; form part of their records of the case.
ii. Periods of public emergencies officially declared
iii. inability or difficulty of a litigant, witness, or counsel to 2. Minutes - sufficient if signed by COC
physically appear due to security risks in his/her transport
in going to and from the court, real and apparent danger A. Pre-Hearing Preparations
to his/her life, security or safety, serious health concerns,
vulnerability of the witness due to age, physical condition, Ø Use only the secure software or platform authorized and provided
disability, or the fact that he or she is a victim of a sexual by the Supreme Court
offense or domestic violence; Ø Sufficient time to prepare equipment and facilities, resolve
iv. litigant or witness is a high-risk PDL technical problems, and to ensure proper connection at least 1
v. litigant or witness is a PDL committed in a detention day before the scheduled hearing.
facility or a CICL Ø Notices:
vi. presence of a government agency witness or an expert Ø Court shall send out link at least 24 hours before the
witness is required but for justifiable grounds, he or she scheduled hearing. Separate invitations or links shall
cannot attend an in-court hearing; be sent for morning and afternoon videoconferencing
vii. When a litigant or witness is an OFW or Filipino residing sessions.
abroad or temporarily outside Ø Upon receipt of the invitation or link, participants shall
viii. When a litigant or witness is a non-resident foreign immediately respond
national who, while in the Philippines, was involved in any Ø must be treated with strict confidentiality
action, and would like to appear and/or testify remotely Ø if unable to participate, inform the court at least 24
from overseas; hours before
ix. When, based on the sound judgment of the court, there Ø wait in virtual lobby at least 20 minutes
are compelling reasons Ø Public access - request to the court at least 3 days before the
x. other circumstances/grounds that may be declared by the scheduled hearing, with discretion to refuse access if it finds that
SC the information given is erroneous or fictitious.
Ø It may likewise exclude the public in the interest of morality or
(d) These Guidelines shall be applicable during the duration of the decency or when a child witness will testify.
current pandemic and thereafter, unless revoked or modified by
the SC. B. Hearing Proper
Ø Justices or judges shall preside over, while court personnel shall
II. General Procedure attend, VC hearings from the courtroom or chambers at all time .
In exceptional circumstances, and with prior permission from the
1. Immediate order by court - In the instances covered under Item I Presiding Justice or Executive Justices of the CA, justices may
(3)(b )(I – acts of God/man), (ii – public emergencies), (iv – high conduct videoconferencing from remote locations within their
risk PDLs, excluding high value targets), (v – detained PDL/CICL), territorial jurisdictions.
and (x—other grounds by SC), the court may motu propio order Ø Virtual inspection - At the start of the VCH, the court shall require
that hearings or proceedings be conducted through VC. participants to pan their cameras across the room to demonstrate
that they are alone in the room, the windows and doors are closed,
2. Initiated by motion of a party – A party or counsel may, by motion, and there are no unauthorized means of communication available
request that the proceedings be conducted via VC. If based on to them.
based on (iii), (vi) - (ix), the movant shall file it electronically and/or Ø The proceedings shall be recorded by the court. Litigants and their
personally with the court, serving a copy on the adverse litigant by counsel may be allowed to view upon application with and
the same means, at least 10 calendar days before the scheduled approval of the court. Participants and other persons are strictly
hearing dates. prohibited from recording any portion
Ø court may, at any point, suspend the proceedings should any
a. Contents: technical issue arise. Should the said technical issue remain
ii. grounds unresolved despite efforts to fix the same, the court may
iii. documentary and object evidence altogether discontinue
iv. proceedings proposed to be conducted through
VC C. Presentation of evidence
v. names of the witnesses and the summaries of Ø Documentary evidence and judicial affidavits. - shall be filed and
their testimonies; served at least 3 days prior to the scheduled videoconferencing
vi. expected location of each participant; and shall be made available through e-mail or the shared
vii. e-mail addresses of the participants; document repository of the court, uneditable by any of them.
viii. special requirements: necessary for the specific During the videoconferencing, the court may direct a counsel to
videoconferencing, if any, such as specialized share documentary evidence on-screen. Should the exhibition,
software, presentation of videos, and the like; examination or viewing of the documentary evidence be rendered
and impossible, insufficient or difficult, in-court hearings may instead
ix. statement that the movant and the intended be ordered for marking, presenting or completing the testimony of
witnesses are technically ready a witness.
Ø Object evidence may be presented by displaying the object on the
b. Comment on or opposition - filed within 5 days from screen, or physically showing it to the witness testifying thereto at
receipt of the motion his or her location within full view of the participants.
Ø litigants and counsel may confer privately through the provision of
c. Court's action on the motion. - resolve within 5 days means such as secure hone lines, separate meeting rooms
before the scheduled videoconferencing, with or
without the comment Additional Procedure
Ø For high-risk PDL alleged to be high value targets and those with
The order of the court granting or denying the motion for VC shall not be serious health conditios, the motion to conduct VC may be filed by
subject to a MR, appeal or certiorari, except on constitutional grounds. the warden which may be granted ex parte
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Ø PDL & CICLs shall appear from an enclosed room in the detention
center or jail facility where they are being detained or held. Their
counsel may be physically present with them at the jail facility or
detention center, in court, or in other remote locations.
Ø Litigants and witnesses who are OFWs, residing abroad or
temporarily outside the Philippines, or non-resident foreign
nationals — VC may be conducted only from an embassy or
consulate of the Philippines.
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APPEAL appeal under these rules is a the same to be patently

- Proceeding by which a party seeks from a higher court matter of right. without merit, prosecuted
the review of a judgement or final order of a lower court manifestly for delay, or that
on the ground that the judgement or final order is the questions raised therein
against the evidence of the law are too insubstantial to
require consideration.
- remedy available to a litigant seeking to reverse or
modify a judgment on the merits of a case to correct PERIOD TO APPEAL AND NEYPES RULING
errors of judgments of a lower court or tribunal such as The original period of appeal (as provided under the rules)
errors in the application of the rules of evidence, in the remains and the requirement of strict compliance still applies.
appreciation of the credibility of the witnesses or in the However, if a party opts to file a motion for new trial or
appreciation of the facts of the case. reconsideration, the Neypes Ruling applies.

- The right to appeal is not a part of due process but a The Court allows a fresh period of 15 days within which to file an
mere statutory privilege that has to be exercised only appeal, counted from receipt of the order dismissing a motion
in the manner and in accordance with the provisions of for a new trial or motion for reconsideration. This “fresh period
law. The party who seeks to avail of the same must rule” shall apply to Rules 40, 41, Rule 42, Rule 43 and Rule 45.
comply with the requirement of the rules, failing in The fresh period may be availed of only if either motion for new
which the right to appeal is lost. trial or reconsideration is filed, otherwise, the decision becomes
final and executory after the lapse of the original appeal period
- NOT DESIGNED TO CORRECT acts constituting provided in the rules.
grave abuse of discretion amounting to lack of
jurisdiction or other errors of jurisdiction of the court. It NOTE: Neypes Doctrine only applies to judicial appeals and not
is a basic procedural rule that errors of judgment are to administrative appeals. (ex: an appeal from HLURB Board of
correctible by appeal while errors of jurisdiction are Commissioners to the Office to the President is not judicial but
correctible by certiorari. administrative, and as such, the fresh period rule will not apply)
THREE MODES OF APPEAL:
1. Ordinary Appeal WHEN APPEAL IS A MATTER RIGHT
a. Notice of appeal 1. In civil cases, the first appeal is a matter of right.
Appeals from decisions of the MTC (Rule 40) or RTC
b. Record on appeal
2. Petition for Review (Rule 41) rendered in the exercise of original
jurisdiction should be granted as a matter of right if filed
3. Appeal by Certiorari
within the reglementary period and docket/appeal fees
ORDINARY APPEAL are paid within the said period
An appeal by notice of appeal from a judgment or final order of
a lower court on questions of fact and law. XPN: In civil cases, first appeal is not a matter of right
if filed with the SC. Review of decisions by the SC is
a matter of sound judicial discretion, and will only be
NOTE: A question that was never raised in the court below granted only where there are special and important
cannot be allowed to be raised for the first time on appeal, reasons thereof.
without offending the basic rules of fair play, justice and due
process. 2. In criminal cases, when the RTC imposes death
penalty, the CA shall automatically review the
ORDINARY APPEAL PETITION FOR REVIEW judgment. If the CA finds that death penalty should be
Governed by Rules 40 and Rule 42 imposed, the CA shall not render judgment but verily
41 and elevate the case to the Supreme Court for review.
All the records are elevated No records are elevated In criminal cases, an appeal opens the entire case for
from the court of origin after unless the court decrees it. review. Thus, it is the duty of the reviewing tribunal to
perfection of appeal. correct, cite, and appreciate errors in the appealed
Notice of appeal or record on Petition for review is filed with judgment whether assigned or unassigned. The appeal
appeal is filed with the court the CA confers upon the appellate court full jurisdiction over
of origin. the case and renders such court competent to examine
The judgement was The case was decided by the records, revise the judgment appealed from, increase
rendered by the MTC/RTC RTC pursuant to its appellate the penalty, and cite the proper provision of the penal
pursuant to its original jurisdiction. law.
jurisdiction.
Since it is a first appeal, the Review of a decision through FINDINGS OF FACT
court has no discretion to a petition for review is - findings of trial courts on the credibility of witnesses
deny the notice of appeal or discretionary. The CA may deserve a high degree of respect. Having observed
record of appeal if it is filed require the respondent to file their deportment in court, the trial judge is in a position
within the reglementary a comment on the petition, to determine the issue of credibility.
period and complies with the not a motion to dismiss, - findings of trial judges will not be disturbed on appeal
requirements set forth in within 10 days from notice, or in the absence of any clear showing that they have
Rule 41 Sec. 4 and 6 An dismiss the petition if it finds overlooked, misunderstood or misapplied some facts
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or circumstances of weight and substance that could These errors are “harmless” and do not require the automatic
have altered the judgment reversal of the judgment of the lower court.
- it is not necessary to examine, evaluate or weigh the
evidence all over again especially where the trial Ex.:
court's factual findings are adopted and affirmed by the o an evidence has been improperly admitted by the trial
CA which are then final and conclusive and may not be court and the impact of the evidence on the case is
reviewed on appeal insignificant
o correction of misspelled name due to clerical error
QUESTIONS RAISED FOR THE FIRST TIME o signing of the decedents’ names in the notice of appeal
- issues that have not been raised before the lower by the heirs
courts cannot be raised for the first time on appeal o trial court’s treatment of the testimony of the party as an
- contravenes due process, as that act deprives the adverse witness during cross-examination by his own
adverse party of the opportunity to contest the counsel
assertion of the claimant o failure to give the plaintiffs the opportunity to orally argue
- the assignment of errors of the appellant should refer against a motion
to the issues raised by the parties in the trial court
PAYMENT OF DOCKET FEES
XPN: In the interest of justice and within the sound discretion of GR: mandatory and jurisdictional; non-compliance with which is
the appellate court, a party may change his legal theory on fatal to an appeal. The full amount must be paid to the clerk of
appeal only when the factual bases thereof would not require the court which rendered the judgment or final order appealed
presentation of any further evidence by the adverse party in from. Without the payment of docket fees, the appeal is not
order to enable it to properly meet the issue raised in the new perfected and the appellate court does not acquire jurisdiction to
theory entertain the appeal, thereby rendering the decision sought to
be appealed final and executory. Non-payment of the appellate
ROLE OF THE APPELLEE court docket and other lawful fees within the reglementary period
- confined only to the task of refuting the assigned errors is a ground for the dismissal of an appeal
interposed by the appellant. Since the appellee is not
the party who instituted the appeal, he merely assumes XPN: to serve the demands of substantial justice
a defensive stance and his interest is solely relegated • failure to pay appellate court docket fee within the
to the affirmance of the judgment appealed from. reglementary period allows only discretionary
- It is, accordingly, highly erroneous for the appellee to dismissal, not automatic dismissal, of the appeal
either assign any error, or seek any affirmative relief or • such power should be used in the exercise of the
modification of the lower court’s judgment without Court’s sound discretion “in accordance with the tenets
interposing his own appeal. of justice and fair play and with great deal of
- an appellee cannot impugn the correctness of a circumspection considering all attendant
judgment not appealed from by him. circumstances"
- The appellate court cannot take cognizance of a
ground for dismissal interposed by the appellee who
did not appeal.

ERRORS TO BE CONSIDERED
GR: The appellate court shall consider no error unless stated in
the assignment of errors.

XPN:
• It is an error that affects the jurisdiction over the subject
matter
• affects validity of the judgment appealed from
• affects the validity of the proceedings
• closely related to or dependent on an assigned error,
and properly argued in the brief
• plain and clerical error

Ø an appellate court has broad discretionary powers

to waive the proper lack of assignment of errors
and to consider errors not assigned provided it
finds that the consideration is necessary in
arriving at a complete and just resolution of the
case or to serve the interests of justice or to avoid
dispensing piecemeal justice

HARMLESS ERROR RULE: These are errors committed by the

trial court which do not affect the substantial rights of the parties.
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RULE 40
APPEAL FROM MUNICIPAL TRIAL COURTS TO HOW TO APPEAL
REGIONAL TRIAL COURTS A. By notice of appeal
1. File a notice of appeal with the trial court that
SECTION 1. Where to appeal.— An appeal from a judgment rendered the judgement or final order appealed
or final order of a MTC may be taken to the RTC exercising from
jurisdiction over the area to which the former pertains. The title 2. A copy served on the adverse party
of the case shall remain as it was in the court of origin, but the 3. Payment in full of docket fees and other lawful fees
party appealing the case shall be further referred to as the 4. The notice of appeal must indicate:
appellant and adverse party as the appellee. a. Name of parties
b. Judgement or final order appealed from
GR: Judgements of the MTC are appealable to the RTC c. Material date showing timeliness of
appeal (MATERIAL DATE RULE)
XPN: when the MTC renders a judgment in the exercise of its B. By record on appeal; required in the ff. cases:
delegated jurisdiction, its decision shall be appealable in the a. In special proceedings and in other cases of
same manner as decisions of the RTC (appeal to CA) multiple or separate appeals
- Ex: cadastral and land registration cases where there b. In an order of expropriation in eminent domain
is no controversy or opposition or contested lots where c. In a judgement for recovery of property or
the value of which does not exceed P100,000 partition with accounting
d. In a foreclosure of mortgage
NOTE: The Rules on Summary Procedure no longer applies e. In a judgement for or against one or more
when the case is on appeal. When a complaint for UD is several defendants, leaving the action to
appealed to the RTC, a judgement affirming or setting aside the proceed against the others
judgement of the MTC may be subject of an MR because said
motion is no longer a prohibited pleading before the RTC which NOTE: the rationale behind allowing more than one appeal in
follows the rule on ordinary civil procedure for appeals taken to the same case is to enable the rest of the case to proceed in the
it. event that a separate and distinct issue is resolved by the court
and held to be final
SECTION 2. When to appeal.— An appeal may be taken
within 15 days after notice to the appellant of the judgment or SECTION 4. Perfection of appeal; effect thereof .— The
final order appealed from. perfection of the appeal and the effect thereof shall be governed
by the provisions of Section 9, Rule 41.
Where a record on appeal is required the appellant shall file a
notice of appeal and a record on appeal within 30 days after • By notice of appeal: deemed perfected upon the filing
notice of the judgment or final order. of the notice of appeal
- Notice of appeal does not require the approval of the
The period of appeal shall be interrupted by a timely motion court. Its function is merely to notify the trial court that
for new trial or reconsideration. the appellant was availing of the right to appeal, and
not to seek the court’s permission that he be allowed to
No motion for extension of time to file a motion for new trial or pose an appeal. The trial court’s only duty is to transmit
reconsideration shall be allowed. the original record of the case to the appellate court

GR: period file a notice of appeal is non-extendible • By record on appeal: deemed perfected as to him with
respect to the subject matter thereof upon the approval
XPN: if the appeal required the filing of a record on appeal, a of the record on appeal filed in due time
motion for extension to submit record on appeal is allowed. The
motion for extension must be filed within the 30-day period within GR: After perfection of appeal to the RTC, the MTC loses its
which the record on appeal should be filed. jurisdiction over the case and any motion or execution of the
judgement should be filed with the RTC
SECTION 3. How to appeal.— The appeal is taken by filing a
NOTICE OF APPEAL with the court that rendered the judgment XPN: after perfection of appeal or approval of the record on
or final order appealed from. The notice of appeal shall indicate appeal but before the transmittal of the records, the court of
the parties to the appeal, the judgment or final order or part origin still retains its so-called residual jurisdiction to:
thereof appealed from, and state the material dates showing the • issue protective orders,
timeliness of the appeal. • approve compromises,
• permit appeals of indigent litigants,
A record on appeal shall be required only in special • order execution pending appeal, and
proceedings and in other cases of multiple or separate • allow the withdrawal of the appeal
appeals.
SECTION 5. Appellate court docket and other lawful fees —
The form and contents of the record on appeal shall be as Within the period for taking an appeal, the appellant shall pay
provided in Section 6, Rule 41. to the clerk of the court which rendered the judgment or final
order appealed from the full amount of the appellate court
Copies of the notice of appeal, and the record on appeal where docket and other lawful fees. Proof of payment thereof shall
required, shall be served on the adverse party.
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be transmitted to the appellate court together with the original it has jurisdiction thereover, shall try the case on the merits as
record or the record on appeal, as the case may be. if the case was originally filed with it.

Section 6. Duty of the clerk of court. – Within 15 days from NO TRIAL ON MERITS; DISMISSAL REVERSED
the perfection of the appeal, the clerk of court or the branch In case of reversal, the case shall be remanded for further
clerk of court of the lower court shall transmit the original record proceedings.
or the record on appeal, together with the transcripts and
exhibits, which he shall certify as complete, to the proper RTC. TRIAL ON THE MERITS
A copy of his letter of transmittal of the records to the appellate If the case was tried on the merits by the lower court without
court shall be furnished the parties. jurisdiction over the subject matter, the RTC on appeal shall not
dismiss the case if it has original jurisdiction thereof, but shall
Section 7. Procedure in the Regional Trial Court. - decide the case in accordance with the preceding section,
without prejudice to the admission of amended pleadings and
(a) Upon receipt of the complete record or the record on additional evidence in the interest of justice. (Purpose: to avoid
appeal, the clerk of court of the RTC shall notify the double payment of docket fees)
parties of such fact.
Ø when a case is dismissed for lack of jurisdiction, the
(b) Within 15 days from such notice, it shall be the duty of order of dismissal is one without prejudice because
the appellant to submit a memorandum which shall the plaintiff may refile the complaint with the court with
briefly discuss the errors imputed to the lower court, a the proper jurisdiction. It is not appealable. The tenor,
copy of which shall be furnished by him to the adverse however, of Sec. 8 of Rule 40, on the other hand,
party. Within 15 days from receipt of the appellant’s indicates that the rule allows an appeal from an order
memorandum, the appellee may file his memorandum. of the MTC dismissing a case for lack of jurisdiction.
Failure of the appellant to file a memorandum shall Section 8 of Rule 40 should be considered as an
be a ground for dismissal of the appeal. exception to Sec. 1 of Rule 41 which precludes an
appeal from an order dismissing an action without
(c) Upon the filing of the memorandum of the appellee or the prejudice.
expiration of the period to do so, the case shall be
considered submitted for decision. The RTC shall decide Section 9. Applicability of Rule 41. - The other provisions of
the case on the basis of the entire record of the Rule 41 shall apply to appeals provided for herein insofar as they
proceedings had in the court of origin and such are not inconsistent with or may serve to supplement the
memoranda as are filed. provisions of this Rule.

SUMMARY OF APPEAL FROM MTC TO RTC Ø If the provisions of Rule 40 and Rule 41 are in conflict,
(1) Appeal decision of MTC by filing notice of appeal and the decision being appealed is rendered by a lower
and pay the docket fees within 15 days from receipt of court, Rule 40 shall prevail because it specifically
judgement provides for the rules on appeal from MTC to RTC.
(2) 15 days from perfection of appeal, MTC clerk
transmits record to the RTC OCA 69-2022; SUMMARY PROCEDURE
(3) Notice to parties that an appeal is being taken from Section 1. Ordinary appeal. - Any judgment, final order, or final
the decision of MTC resolution in a Summary Procedure case may be appealed to
(4) Within 15 days from notice à appellant submits the appropriate RTC exercising jurisdiction over the territory
memorandum to the RTC under Rule 40 for civil cases and Rules 122 for criminal cases,
of the Rules of Court.
Appellee files his own memorandum 15 days from
receipt of appellants’ memorandum The appeal shall be taken by filing a notice of appeal together
(5) Upon the filing of the appellee’s memorandum or with proof of payment of the appeal fees, with the court that
expiration of the period to do so, the case shall be rendered the judgment, order or resolution appealed from within
considered submitted for decision 15 calendar days from receipt of the same.
If uncontested the Any party may file an MR
judgement is entered in or appeal by filing a Sec. 2. Remedy from judgment on appeal. - The judgment of the
the book of entries petition for review with Regional Trial Court on the appeal shall be final, executory, and
the CA unappealable.

Section 8. Appeal from orders dismissing case without trial; SMALL CLAIMS: UNAPPEALABLE
lack of jurisdiction. –

If an appeal is taken from an order of the lower court dismissing

the case without a trial on the merits, the RTC may affirm or
reverse it, as the case may be.

NO TRIAL ON MERITS; DISMISSAL AFFIRMED

In case of affirmance and the ground of dismissal is lack of
jurisdiction (OF THE MTC) over the subject matter, the RTC, if
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RULE 41 b) An order denying a petition for relief or any similar

APPEAL FROM THE REGIONAL TRIAL COURTS motion seeking relief from judgment;

THREE MODES OF APPEAL FROM DECISIONS OF THE c) An interlocutory order;

RTC:
d) An order disallowing or dismissing an appeal;
1) Ordinary Appeal to CA
- where judgement was rendered in a civil or e) An order denying a motion to set aside a judgment by
criminal action by the RTC in the exercise of its consent, confession or compromise on the ground of
original jurisdiction fraud, mistake or duress, or any other ground vitiating
- Rule 41 consent;
- taken to the CA on questions of fact or mixed
questions of fact and law f) An order of execution; - XPN: improper or illegal
execution, may be assailed both by appeal OR
2) Petition for Review to CA certiorari (RIANO, NOT SURE IF STILL APPLICABLE)
- where the judgement was rendered by the RTC in
the exercise of its appellate jurisdiction g) A judgment or final order for or against one or more of
- Rule 42 several parties or in separate claims, counterclaims,
- brought to the CA on questions of fact, of law, or cross-claims and third-party complaints, while the main
mixed questions of fact and law case is pending, unless the court allows an appeal
therefrom; and – notwithstanding finality, as if it does
3) Petition for Review on Certiorari or Appeal by not affect all parties or all claims, the same does not
Certiorari to the SC completely dispose of the case
- Rule 45
- brought to the SC from the decision of the RTC in h) An order dismissing an action without prejudice. - ex.
the exercise of its original jurisdiction and only on dismissal of complaint for violation of rule against forum
questions of law shopping
- the appellate jurisdiction of the SC over appeals
involving pure questions of law is restricted to REMEDY IF NOT APPEALABLE:
such questions arising in the first instance in the In all the above instances where the judgment or final order is
lower courts not appealable, the aggrieved party may file an appropriate
special civil action under RULE 65.
QUESTION OF LAW
Arises when there is doubt as to what the law is on a certain PURPOSE: to avoid multiplicity of appeals; otherwise, a party
state of facts. It does not involve an examination of the probative would be encouraged to interpose numerous appeals even on
value of the evidence presented by the litigants or any of therm. incidental questions. This practice would cause considerable
The resolution of the issue must rest solely on what the law delays in the trial on the merits of a case aside from the
provides on the given set of circumstances. unnecessary expenses that would inevitably be incurred by the
parties
QUESTION OF FACT
Arises when the doubt arises as to the truth or falsity of the NOTE: The order denying a motion for new trial or
alleged facts. When the issue invites a review of the evidence reconsideration has been deleted from the list. Hence, an
presented, the question posed is one of fact aggrieved party may no longer assail an order denying a motion
for new trial or a motion for reconsideration by way of Rule 65.
TEST TO DETERMINE WHETHER QUESTION OF LAW OR The proper remedy is to appeal from the judgment.
FACT: whether the appellate court can determine the issue
raised without reviewing or evaluating the evidence and would Appeal of judgments in certiorari, prohibition, mandamus, quo
only limit itself to the inquiry of whether the law was properly warranto and habeas corpus
applied given the facts and supporting evidence. Such is a
question of law. Otherwise, it is a question of fact SECTION 2. Modes of appeal.—

SEE RULE 45 FOR FACTUAL ISSUE BAR RULE AND (a) Ordinary appeal. — The appeal to the CA in cases decided
EXCEPTIONS by the RTC in the exercise of its original jurisdiction shall be
taken by filing a notice of appeal with the court which
APPEALABLE JUDGMENTS / ORDERS rendered the judgment or final order appealed from and
SECTION 1. Subject of appeal. — An appeal may be taken serving a copy thereof upon the adverse party. No record on
from A JUDGMENT OR FINAL ORDER THAT COMPLETELY appeal shall be required except in special proceedings and other
DISPOSES OF THE CASE, or of a particular matter therein cases of multiple or separate appeals where the law or these
when declared by these Rules to be appealable. Rules so require. In such cases, the record on appeal shall be
filed and served in like manner.
No appeal may be taken from: Ø Questions of fact or mixed questions of fact and law

a) An order denying a motion for new trial or (b) Petition for review.— The appeal to the CA in cases
reconsideration decided by the RTC in the exercise of its appellate
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jurisdiction shall be by petition for review in accordance with the issue involved, together with such data as will show that the
Rule 42. appeal was perfected on time. If an issue of fact is to be raised
on appeal, the record on appeal shall include by reference all
(c) Appeal by certiorari.— In all cases where only questions the evidence, testimonial and documentary, taken upon the
of law are raised or involved, the appeal shall be to the SC by issue involved. The reference shall specify the documentary
petition for review on certiorari in accordance with Rule 45 evidence by the exhibit numbers or letters by which it was
Ø In the exercise of original jurisdiction of the RTC identified when admitted or offered at the hearing, and the
Ø If an appeal raises pure questions of law, it must be testimonial evidence by the names of the corresponding
dismissed witnesses. If the whole testimonial and documentary evidence
in the case is to be included, a statement to that effect will be
WRONG MODE OF APPEAL, EFFECT sufficient without mentioning the names of the witnesses or the
these modes of appeal clearly remain distinct procedures which numbers or letters of exhibits. Every record on appeal exceeding
cannot, absent any compelling reason therefore, be loosely 20 pages must contain a subject index.
interchanged with one another and the filing of one cannot
simply be accorded the same effect as the filing of another à it RECORD ON APPEAL
would be as if no appeal has been filed, and the period to file the In a case where multiple appeals are allowed, a party may
proper appeal will not be tolled appeal only a particular incident in the case and not all of the
matters involved in the same case. The others which are not
SECTION 3. Period of ordinary appeal; appeal in habeas made the subject of the appeal remain to be resolved by the trial
corpus cases.— The appeal shall be taken within 15 days from court. The record on appeal is required so the appellate court
notice of the judgment or final order appealed from. may have a record of the proceedings to resolve a separate
and distinct issue raised in the appeal, and since the
Where a record on appeal is required, the appellant shall file a original records remain with the trial court, it still can
notice of appeal and a record on appeal within 30 days from resolve the other issues of the case not made subject of the
notice of the judgment or final order. appeal.

However, an appeal in habeas corpus cases shall be taken Ex: complaint for expropriation – first stage: determination of the
within 48 hours from notice of the judgment or final order lawful right of the plaintiff to take the property sought to be
appealed from. expropriated culminating in an order of expropriation. This order
may be appealed from by any party by filing a record on appeal.
The period of appeal shall be interrupted by a timely motion for The second stage is the determination of just compensation. A
new trial or reconsideration. No motion for extension of time to second and separate appeal may be taken from this order.
file a motion for new trial or reconsideration shall be allowed.
Where record on appeal is required, the appellants shall file
Ø Failure to file the notice of appeal or record on appeal within 30 days from notice of the judgement or final order: 1) a
within the prescribed period may be ground for notice of appeal; and 2) a record on appeal.
dismissal of the appeal by the CA on its own motion or
on motion of the appellee. SECTION 7. Approval of record on appeal.— Upon the filing
of the record on appeal for approval and if no objection is filed
SECTION 4. Appellate court docket and other lawful fees.— by the appellee within 5 days from receipt of a copy thereof,
Within the period for taking an appeal, the appellant shall pay to the trial court may approve it as presented or upon its own
the clerk of the court which rendered the judgment or final order motion or at the instance of the appellee, may direct its
appealed from, the full amount of the appellate court docket and amendment by the inclusion of any omitted matters which are
other lawful fees. Proof of payment of said fees shall be deemed essential to the determination of the issue of law or fact
transmitted to the appellate court together with the original involved in the appeal.
record or the record on appeal.
If the trial court orders the amendment of the record, the
Ø Payment of appellate court docket fees is jurisdictional. appellant, within the time limited in the order, or such extension
Failure to do so may be a ground for dismissal of thereof as may be granted, or if no time is fixed by the order
appeal by the CA on its own motion or on that of the within 10 days from receipt thereof, shall redraft the record by
appellee. including therein, in their proper chronological sequence, such
additional matters as the court may have directed him to
SECTION 5. Notice of appeal.— The notice of appeal shall incorporate, and shall thereupon submit the redrafted record for
indicate the parties to the appeal, specify the judgment or final approval, upon notice to the appellee, in like manner as the
order or part thereof appealed from, specify the court to which original draft.
the appeal is being taken, and state the material dates showing
the timeliness of the appeal. PROCEDURE IN APPEALS THROUGH RECORD OF
APPEAL
SECTION 6. Record on appeal; form and contents thereof 1. File record on appeal
.— The full names of all the parties to the proceedings shall be 2. Appellee may file an objection within 5 days from his
stated in the caption of the record on appeal and it shall include receipt thereof
the judgment or final order from which the appeal is taken and, 3. If there is no objection the court may:
in chronological order, copies of only such pleadings, petitions, a. Approve it as presented or
motions and all interlocutory orders as are related to the b. Direct its amendment by inclusion of any
appealed judgment or final order for the proper understanding of omitted matters which are deemed essential
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to the determination of the issue of law or fact (a) To verify the correctness of the original record or the
involved in the appeal, on its own or at the record on appeal, as the case may be, and to make a
instance of the adverse party certification of its correctness;
4. If an amendment is ordered by the Court, the appellant
must redraft the record by including therein, in their (b) To verify the completeness of the records that will be
proper chronological sequence, such additional transmitted to the appellate court;
matters as the court may have directed him to
incorporate, within the time ordered or such extension (c) If found to be incomplete, to take such measures as may
thereof as may be granted, or, if there is no time be required to complete the records, availing of the
specified, within 10 days from receipt authority that he or the court may exercise for this
5. Submit the redrafted record for approval with notice on purpose; and
the adverse party, in like manner as the original draft
(d) To transmit the records to the appellate court.
NOTE: Unauthorized alterations, omissions or additions in the
approved record on appeal may be grounds for dismissal of the If the efforts to complete the records fail, he shall indicate in his
appeal by the CA on its own motion of an motion of the appellee letter of transmittal the exhibits or transcripts not included in the
records being transmitted to the appellate court, the reasons for
SECTION 8. Joint record on appeal. — Where both parties are their non-transmittal, and the steps taken or that could be taken
appellants, they may file a joint record on appeal within the time to have them available.
fixed by Section 3 of this Rule, or that fixed by the court.
The clerk of court shall furnish the parties with copies of his letter
SECTION 9. Perfection of appeal; effect thereof .— A party's of transmittal of the records to the appellate court.
appeal by notice of appeal is deemed perfected as to him upon
the filing of the notice of appeal in due time. SECTION 11. Transcript. — Upon the appeal, the clerk shall
immediately direct the stenographers concerned to attach to
A party's appeal by record on appeal is deemed perfected as the record of the case 5 copies of the transcripts of the
to him with respect to the subject matter thereof upon the testimonial evidence referred to in the record on appeal. The
approval of the record on appeal filed in due time. stenographers concerned shall transcribe such testimonial
evidence and shall prepare and affix to their transcripts an index
In appeals by notice of appeal, the court loses jurisdiction over containing the names of the witnesses and the pages wherein
the case upon the perfection of the appeals filed in due time and their testimonies are found, and a list of the exhibits and the
the expiration of the time to appeal of the other parties. pages wherein each of them appears to have been offered and
admitted or rejected by the trial court. The transcripts shall be
In appeals by record on appeal, the court loses jurisdiction only transmitted to the clerk of the trial court who shall thereupon
over the subject matter thereof upon the approval of the arrange the same in the order in which the witnesses testified at
records on appeal filed in due time and the expiration of the the trial, and shall cause the pages to be numbered
time to appeal of the other parties. consecutively.

RESIDUAL JURISDICTION SECTION 12. Transmittal.— The clerk of the trial court shall
In either case, prior to the transmittal of the original record transmit to the appellate court the original record or the
or the record on appeal, the court may issue orders for the approved record on appeal within 30 days from the perfection
protection and preservation of the rights of the parties which of the appeal, together with the proof of payment of the
do not involve any matter litigated by the appeal, approve appellate court docket and other lawful fees, a certified true copy
compromises, permit appeals of indigent litigants, order of the minutes of the proceedings, the order of approval, the
execution pending appeal in accordance with Section 2 of certificate of correctness, the original documentary evidence
Rule 39, and allow withdrawal of the appeal. referred to therein, and the original and 3 copies of the
transcripts. Copies of the transcripts and certified true copies of
Ø The concept of residual jurisdiction of the trial court is the documentary evidence shall remain in the lower court for the
available at a stage in which the court is normally parties.
deemed to have lost jurisdiction over the case or the
subject matter involved in the appeal. There is no SECTION 13. Dismissal of appeal.—
residual jurisdiction to speak of where no appeal or Prior to the transmittal of the original record or the record on
petition has even been filed appeal to the appellate court, the trial court may, motu proprio
or on motion, dismiss the appeal for having been taken out of
DURATION OF RESIDUAL POWERS time or for non-payment of the docket and other lawful fees
ORDINARY APPEAL PETITION FOR REVIEW within the reglementary period.
Until the records are Until the CA gives due
transmitted to the appellate course to the petition Dismissal of appeal by CA: see Rule 50
court
Ø A trial court has no authority to pass upon the issue of
SECTION 10. Duty of clerk of court of the lower court upon whether an appeal is dilatory pr frivolous. For it do so
perfection of appeal. - Within 30 days after perfection of all would constitute a review of its own judgement and a
the appeals in accordance with the preceding section, it shall be mockery of the appellate process. Only the court
the duty of the clerk of court of the lower court: reviewing the appeal may rule om that question.
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SUMMARY OF PROCEDURE ON ORDINARY APPEAL FROM

RTC TO CA (R41 AND R44)

1. filing a notice of appeal with the RTC which rendered the

judgment or final order appealed from, and serving a
copy thereof upon the adverse party (a record on appeal
shall be required in special proceedings and other cases
of multiple or separate appeals when so required)

2. payment of docket fee within the period for taking an

appeal, to the clerk of the court which rendered the
judgment or final order appealed from

3. Within 30 days after perfection, the clerk of court shall

verify the correctness and completeness of the records
and, if incomplete, to take such measures to complete
such records, certify to the correctness, transmit the
same to the appellate court, and furnish the parties with
copies of his letter of transmittal of the records to the
appellate court

4. Upon receiving the original record on appeal and the

accompanying documents transmitted by the lower court,
as well as the proof of payment of the docket and other
lawful fees, the clerk of court of the CA shall docket the
case and notify the parties

5. Within 45 days from receipt of the notice, the appellant

shall file a brief with proof of service upon the appellee

6. Within 45 days from the receipt of the appellant's brief,

the appellee shall file his own brief with proof of service
to the appellant. Within 20 days from receipt of the
appellee's brief, the appellant may file a reply brief
answering points in the appellee’s brief not covered in his
main brief. (In petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus cases,
briefs are not filed. Instead, the parties shall file their
respective memoranda within 30 days from receipt of the
notice issued by the clerk that all the evidence are
already attached).
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RULE 42 Supreme Court, the Court of Appeals or different divisions

PETITION FOR REVIEW FROM THE REGIONAL TRIAL thereof, or any other tribunal or agency; if there is such other
COURTS TO THE COURT OF APPEALS action or proceeding, he must state the status of the same; and
if he should thereafter learn that a similar action or proceeding
NATURE: not a matter of right. It is a matter of discretion on the has been filed or is pending before the Supreme Court, the Court
part of the CA whether or not to entertain the appeal. of Appeals, or different divisions thereof, or any other tribunal or
agency, he undertakes to promptly inform the aforesaid courts
Section 1. How appeal taken; time for filing. - A party desiring and other tribunal or agency thereof within 5 days therefrom.
to appeal from a decision of the RTC rendered in the exercise of
its appellate jurisdiction may file a verified petition for NOTE: The Efficient Use of paper Rule applies to all courts, and
review with the CA, paying at the same time to the clerk of said amends the number of copies to be filed under the Rules. (1
court the corresponding docket and other lawful fees, depositing original copy properly marked and 2 copies with their annexes)
the amount of P500 for costs, and furnishing the RTC and the
adverse party with a copy of the petition. Section 3. Effect of failure to comply with requirements. -
The failure of the petitioner to comply with any of the foregoing
The petition shall be filed and served within 15 days from requirements regarding the payment of the docket and other
notice of the decision sought to be reviewed or of the denial lawful fees, the deposit for costs, proof of service of the petition,
of petitioners motion for new trial or reconsideration filed in and the contents of and the documents which should
due time after judgment. accompany the petition shall be sufficient ground for the
dismissal thereof.
Upon proper motion and the payment of the full amount of the
docket and other lawful fees and the deposit for costs before the Section 4. Action on the petition. - The Court of Appeals may:
expiration of the reglementary period, the CA may grant an • require the respondent to file a comment on the
additional period of 15 days only within which to file the petition, not a motion to dismiss, within 10 days from
petition for review. notice, or
• dismiss the petition if it finds the same to be patently
No further extension shall be granted except for the most without merit, prosecuted manifestly for delay, or that
compelling reason and in no case to exceed 15 days. the questions raised therein are too unsubstantial to
require consideration.
GR: Petition for review should be filed within 15 days from notice
of the RTC decision or denial of the motion for new trial or Ø In addition to the grounds laid down in Sec. 3 and 4 of
reconsideration. this Rule, the CA may dismiss the petition for review on
any of the grounds enumerated in Rule 50 Sec. 1.
XPN: Upon proper motion and payment of the full amount of
docket and other lawful fees and the deposit for costs, before Section 5. Contents of comment. - The comment of the
expiration of the reglementary period, the CA may grant an respondent shall be filed in 7 legible copies, accompanied by
additional period of 15 days within which to file the petition for certified true copies of such material portions of the record
review. No further extension shall be granted. referred to therein together with other supporting papers and
shall:
XPN TO XPN: Further extension may only be granted for the (a) state whether or not he accepts the statement of
most compelling reason and in no case to exceed 15 days. matters involved in the petition;
(b) point out such insufficiencies or inaccuracies as he
Section 2. Form and contents. - The petition shall be filed in 7 believes exist in petitioners statement of matters
legible copies, with the original copy intended for the court involved but without repetition; and
being indicated as such by the petitioner, and shall: (c) state the reasons why the petition should not be
(a) state the full names of the parties to the case, without given due course. A copy thereof shall be served on
impleading the lower courts or judges thereof either as the petitioner.
petitioners or respondents;
(b) indicate the specific material dates showing that it was Ø Efficient Paper Rule: The comment shall be filed in 1
filed on time; original copy (properly marked) and 2 copies
(c) set forth concisely a statement of the matters involved,
the issues raised, the specification of errors of fact or law, Section 6. Due course. - If upon the filing of the comment or
or both, allegedly committed by the RTC, and the such other pleadings as the court may allow or require, or after
reasons or arguments relied upon for the allowance of the expiration of the period for the filing thereof without such
the appeal; comment or pleading having been submitted, the Court of
(d) be accompanied by clearly legible duplicate originals Appeals finds prima facie that the lower court has committed
or true copies of the judgments or final orders of both an error of fact or law that will warrant a reversal or
lower courts, certified correct by the clerk of court of the modification of the appealed decision, it may accordingly give
RTC, the requisite number of plain copies thereof and of due course to the petition.
the pleadings and other material portions of the record as
would support the allegations of the petition. Section 7. Elevation of record. - Whenever the Court of
Appeals deems it necessary, it may order the clerk of court of
The petitioner shall also submit together with the petition a the RTC to elevate the original record of the case including
certification under oath that he has not theretofore the oral and documentary evidence within 15 days from
commenced any other action involving the same issues in the notice.
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Section 8. Perfection of appeal; effect thereof -

(a) Upon the timely filing of a petition for review and the
payment of the corresponding docket and other lawful fees,
the appeal is deemed perfected as to the petitioner.

The RTC loses jurisdiction over the case upon the perfection of
the appeals filed in due time and the expiration of the time to
appeal of the other parties.

RESIDUAL JURISDICTION
However, before the Court of Appeals gives due course to
the petition, the RTC may issue orders for the protection and
preservation of the rights of the parties which do not involve any
matter litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending appeal in
accordance with section 2 of Rule 39, and allow withdrawal of
the appeal.

(b) Except in civil cases decided under the Rule on Summary

Procedure, the appeal shall stay the judgment or final order
unless the Court of Appeals, the law, or these Rules shall
provide otherwise.

Section 9. Submission for decision. - If the petition is given

due course, the CA may:
• set the case for oral argument or
• require the parties to submit memoranda within a
period of 15 days from notice
The case shall be deemed submitted for decision upon the
filing of the last pleading or memorandum required by these
Rules or by the court itself.
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RULE 43 When final and unappealable:

- Respondent is absolved
APPEALS FROM THE COURT OF TAX APPEALS AND - In case of conviction where penalty is public censure
QUASI-JUDICIAL AGENCIES TO THE COURT OF or reprimand, suspension of not more than 1 month or
APPEALS a fine equivalent to 1 month salary

Section 1. Scope. - This Rule shall apply to appeals from PROVISIONS IN RA6770 DECLARED INVALID:
judgments or final orders of the: • Prescribing direct resort to SC in administrative cases
a. Court of Tax Appeals and (Art. VI, Const. No law shall be passed increasing the
b. from awards, judgments, final orders or resolutions of or appellate jurisdiction of the Supreme Court without its
authorized by any quasi-judicial agency in the advice and concurrence)
exercise of its quasi-judicial functions. Among these • Prohibiting injunctions
agencies are the: (NOT EXCLUSIVE)
1. CSC CTA; A.M. No. 05-11-07-CTA
2. Central Board of Assessment Appeals
3. SEC CIR, BOC, DTI, DOF SECRETARY RTC IN THE EXERCISE
4. Office of the President OF ORIGINAL JURISDICTION à RULE 42, CA
5. Land Registration Authority
6. SSC CTA DIVISION à CA RULE 43
7. Civil Aeronautics Board,
8. Bureau of Patents, Trademarks and Technology CBAA, RTC APPELLATE JIURISDICTION à CA RULE 43
Transfer,
9. National Electrification Administration, CTA EN BANC à verified petition for review on certiorari with
10. Energy Regulatory Board SC within 15 days as provided in Rule 45 of the Rules of Court.
11. National Telecommunications Commission If such party has filed a motion for reconsideration or for new
12. DAR trial, the period herein fixed shall run from the party’s receipt of
13. GSIS a copy of the resolution denying the motion for reconsideration
14. Employees Compensation Commission or for new trial.
15. Agricultural Inventions Board
16. Insurance Commission COMELEC, COA
17. Philippine Atomic Energy Commission Certiorari under Rule 64 (yes, 64)
18. Board of Investments
19. CIAC SECERETARY OF JUSTICE
20. voluntary arbitrators authorized by law. Not exercising quasi-judicial function, thus its orders are
reviewable only under Rule 65 (insofar as judicial appeal is
QUASI-JUDICIAL AGENCY / BODY concerned; in administrative appeals à to Office of the
An organ of government other than a court and other than a President)
legislature, which affects the rights of private parties through
either adjudication or rule-making. Section 3. Where to appeal. - An appeal under this Rule may
be taken to the Court of Appeals within the period and in the
Ø Appeals of CIAC arbitral awards à limited to manner herein provided, whether the appeal involves questions
questions of law of fact, of law, or mixed questions of fact and law.
Ø Question of fact allowed; but it must relate to an
Ø The CA under Rule 43 has appellate jurisdiction over ERROR OF LAW not GAD
orders, directives, and decisions of the Office of the
Ombudsman in administrative disciplinary cases where Section 4. Period of appeal. - The appeal shall be taken within
the penalty is not light or does not absolve the 15 days from notice of the award, judgment, final order or
respondent of the charge (if the penalty is light or resolution, or from the date of its last publication, if
absolves the respondent à final and unappealable) publication is required by law for its effectivity, or of the denial
of petitioners motion for new trial or reconsideration duly filed in
Ø A resolution of the Secretary of DOJ is not appealable accordance with the governing law of the court or agency a quo.
under Rule 43. Recourse should be to the President,
instead of the CA. Only 1 motion for reconsideration shall be allowed.

Section 2. Cases not covered. - This Rule shall not apply to Upon proper motion and the payment of the full amount of the
judgments or final orders issued under the Labor Code of docket fee before the expiration of the reglementary period, the
Philippines. CA may grant an additional period of 15 days only within
Ø NOT RULE 43 BUT CERTIORARI RULE 65 which to file the petition for review. No further extension shall
be granted except for the most compelling reason and in no
OMBUDSMAN case to exceed 15 days.
• Administrative – APPEAL under Rule 43 to the CA
(unless there is GAD) Section 5. How appeal taken. - Appeal shall be taken by filing
• Criminal – CERTIORARI under Rule 65 with SC a verified petition for review in 7 legible copies with the Court
of Appeals, with proof of service of a copy thereof on the
adverse party and on the court or agency a quo. The original
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copy of the petition intended for the Court of Appeals shall be give due course to the petition; otherwise, it shall dismiss the
indicated as such by the petitioner. same.

Upon the filing of the petition, the petitioner shall pay to the clerk The findings of fact of the court or agency concerned, when
of court of the Court of Appeals the docketing and other lawful supported by substantial evidence, shall be binding on the Court
fees and deposit the sum of P500.00 for costs. Exemption from of Appeals.
payment of docketing and other lawful fees and the deposit for
costs may be granted by the Court of Appeals upon a verified Section 11. Transmittal of record. - Within 15 days from
motion setting forth valid grounds therefor. notice that the petition has been given due course, the Court
of Appeals may require the court or agency concerned to
If the Court of Appeals denies the motion, the petitioner shall pay transmit the original or a legible certified true copy of the entire
the docketing and other lawful fees and deposit for costs within record of the proceeding under review. The record to be
15 days from notice of the denial. transmitted may be abridged by agreement of all parties to
the proceeding. The Court of Appeals may require or permit
Section 6. Contents of the petition. - The petition for review subsequent correction of or addition to the record.
shall (a) state the full names of the parties to the case, without Ø Failure of the petitioner to take the necessary steps for
impleading the court or agencies either as petitioners or the correction or completion of the record within the
respondents; (b) contain a concise statement of the facts and time limited in the court’s order may be ground for
issues involved and the grounds relied upon for the review; (c) dismissal of the appeal, upon the CA’s own motion or
be accompanied by a clearly legible duplicate original or a on the motion of the respondent (Rule 50 Sec.1)
certified true copy of the award, judgment, final order or Section 12. Effect of appeal. - The appeal shall not stay the
resolution appealed from, together with certified true copies of award, judgment, final order or resolution sought to be reviewed
such material portions of the record referred to therein and other unless the Court of Appeals shall direct otherwise upon such
supporting papers; and (d) contain a sworn certification against terms as it may deem just.
forum shopping as provided in the last paragraph of section 2, Ø the remedy of the party to stay the award, judgement,
Rule 42. The petition shall state the specific material dates final order or resolution sought to be reviewed is to
showing that it was filed within the period fixed herein. seek injunctive relief from the CA
Section 13. Submission for decision. - If the petition is given
Section 7. Effect of failure to comply with requirements. - due course, the Court of Appeals may set the case for oral
The failure of the petitioner to comply with any of the foregoing argument or require the parties to submit memoranda
requirements regarding the payment of the docket and other within a period of 15 days from notice. The case shall be
lawful fees, the deposit for costs, proof of service of the petition, deemed submitted for decision upon the filing of the last
and the contents of and the documents which should pleading or memorandum required by these Rules or by the
accompany the petition shall be sufficient ground for the Court of Appeals.
dismissal thereof.
QUASI-JUDICIAL BODY à CA BY RULE 43 à SC BY RULE
Section 8. Action on the petition. - The Court of Appeals may: 45
• require the respondent to file a comment on the
petition, not a motion to dismiss, within 10 days from RULE 42 vs RULE 43
notice, or RULE 42 RULE 43
• dismiss the petition if it finds the same to be patently Judgements or final orders of Judgements or final orders of
without merit, prosecuted manifestly for delay, or that RTC rendered in exercise of quasi-judicial agencies in the
the questions raised therein are too unsubstantial to its appellate jurisdiction exercise of quasi-judicial
require consideration. functions
Section 9. Contents of comment. - The comment shall be filed Filed within 15 days from Filed within 15 days from
within 10 days from notice in 7 legible copies and notice of decision; or within notice of the award,
accompanied by clearly legible certified true copies of such 15 days from denial of judgement, final order or
material portions of the record referred to therein together with petitioner’s MNT or MR resolution; or date of last
other supporting papers. publication if publication is
required by law for its
The comment shall (a) point out insufficiencies or inaccuracies effectivity; or denial of
in petitioners statement of facts and issues; and (b) state the petitioner’s MNT or MR
reasons why the petition should be denied or dismissed. A copy As a rule, decision is stayed Decision is immediately
thereof shall be served on the petitioner, and proof of such by an appeal save for some executory; not stayed by an
service shall be filed with the Court of Appeals. exceptions appeal
Factual findings not Factual findings are
Section 10. Due course. - If upon the filing of the comment or conclusive to the CA conclusive upon the CA if
such other pleadings or documents as may be required or supported by substantial
allowed by the Court of Appeals or upon the expiration of the evidence.
period for the filing thereof, and on the basis of the petition or
the records the Court of Appeals finds prima facie that the
court or agency concerned has committed errors of fact or PROCEDURE IN THE COURT OF APPEALS
law that would warrant reversal or modification of the award,
judgment, final order or resolution sought to be reviewed, it may RULE 44
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ORDINARY APPEALED CASES

Section 7. Appellants brief - It shall be the duty of the appellant
Rule 44 involves the procedure in the Court of Appeals for to file with the court, within 45 days from receipt of the notice
Ordinary Appeals. It involves appeals in the CA from the RTC, of the clerk that all the evidence, oral and documentary, are
where the RTC judgment being assailed was issued by the RTC attached to the record, 7 copies of his legibly typewritten,
in its original jurisdiction. Thus, Rule 44 is to be read together mimeographed or printed brief, with proof of service of 2 copies
with Rule 41. thereof upon the appellee.

The brief shall be filed in:

Section 1. Title of cases. - In all cases appealed to the Court • 1 original (properly marked) and 2 copies with their
of Appeals under Rule 41, the title of the case shall remain as it annexes legibly typewritten, mimeographed or printed
was in the court of origin, but the party appealing the case shall brief; and
be further referred to as the appellant and the adverse party as • With proof of service of 2 copies thereof upon the
the appellee. appellee
Section 2. Counsel and guardians. - The counsel and Ø The failure of the appellant to file and serve the
guardians ad litem of the parties in the court of origin shall be required number of copies of his brief within the time
respectively considered as their counsel and guardians ad litem provided by the rules may be ground for dismissal of
in the Court of Appeals. When others appear or are appointed, the appeal by CA on its own motion or on motion of the
notice thereof shall be served immediately on the adverse party appellee. (Rule 50 Sec. 1)
and filed with the court.
Section 8. Appellees brief - Within 45 days from receipt of
Section 3. Order of transmittal of record. - If the original the appellants brief, the appellee shall file with the court 7
record or the record on appeal is not transmitted to the Court copies of his legibly typewritten, mimeographed or printed brief,
of Appeals within 30 days after the perfection of the appeal, with proof of service of 2 copies thereof upon the appellant.
either party may file a motion with the trial court, with notice - Appellee must file 1 original (properly marked) and 2
to the other, for the transmittal of such record or record on copies with their annexes of his legibly typewritten,
appeal. mimeographed or printed brief, with proof of service of
2 copies thereof upon the appellant.
Section 4. Docketing of case. - Upon receiving the original Section 9. Appellants reply brief - Within 20 days from
record or the record on appeal and the accompanying receipt of the appellees brief, the appellant may file a reply brief
documents and exhibits transmitted by the lower court, as well answering points in the appellees brief not covered in his
as the proof of payment of the docket and other lawful fees, the main brief.
clerk of court of the Court of Appeals shall docket the case
and notify the parties thereof. Section 10. Time for filing memoranda in special cases. - In
certiorari, prohibition, mandamus, quo warranto and
Within 10 days from receipt of said notice, the appellant, in habeas corpus cases, the parties shall file, in lieu of briefs,
appeals by record on appeal, shall file with the clerk of court 7 their respective memoranda within a non-extendible period
clearly legible copies of the approved record on appeal, together of 30 days from receipt of the notice issued by the clerk that
with the proof of service of 2 copies thereof upon the appellee. all the evidence, oral and documentary, is already attached to
the record.
Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for dismissal of the The failure of the appellant to file his memorandum within the
appeal. period therefor may be a ground for dismissal of the appeal.
Ø Certiorari, prohibition, mandamus, quo warranto and
Section 5. Completion of record. - Where the record of the habeas corpus cases fall within the original jurisdiction
docketed case is incomplete, the clerk of court of the Court of of the RTC. The RTC decision in said cases are
Appeals shall so inform said court and recommend to it rendered in exercise of RTC original jurisdiction, the
measures necessary to complete the record. It shall be the duty mode of appeal is still ordinary appeal under Rule 41,
of said court to take appropriate action towards the but instead of filing an appellant’s brief and appellee’s
completion of the record within the shortest possible time. brief, the parties shall file their respective memoranda.
Ø The CA may order appellant to take necessary steps Section 11. Several appellants or appellees or several
for the correction or completion of the record within the counsel for each party. - Where there are several appellants
time limited by the court in its order and the failure by or appellees, each counsel representing one or more but not
the appellant to do so may be a ground for the CA to all of them shall be served with only one copy of the briefs.
dismiss the appeal upon its own motion or on motion of When several counsel represent one appellant or appellee,
the appellee. (Rule 51 Sec. 1) copies of the brief may be served upon any of them.
Section 6. Dispensing with complete record. - Where the
completion of the record could not be accomplished within a Section 12. Extension of time for filing briefs. - Extension of
sufficient period allotted for said purpose due to insuperable or time for the filing of briefs will not be allowed, except for good
extremely difficult causes, the court, on its own motion or on and sufficient cause, and only if the motion for extension is
motion of any of the parties, may declare that the record and its filed before the expiration of the time sought to be extended.
accompanying transcripts and exhibits so far available are
sufficient to decide the issues raised in the appeal, and shall Section 13. Contents of appellants brief - The appellants brief
issue an order explaining the reasons for such declaration. shall contain, in the order herein indicated, the following:
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1. A subject index of the matter in the brief with a digest Ø If the appellant only wishes to submit purely questions
of the arguments and page references, and a table of of law for review, then the mode of appeal should be
cases alphabetically arranged, textbooks and statutes through a petition for review on certiorari to the
cited with references to the pages where they are cited; Supreme Court under Rule 45. Otherwise, if the appeal
2. An assignment of errors intended to be urged, which under Rule 41 is made to the CA and it only raises
errors shall be separately, distinctly and concisely questions of law, it would be considered as an improper
stated without repetition and numbered consecutively; appeal and it may be dismissed by outright (Rule 56
3. Under the heading “Statement of the Case” a clear and Sec. 2).
concise statement of the nature of the action, a GR: Issues raised for the first time on appeal and not raised in
summary of the proceedings, the appealed rulings and the proceedings in the lower court are barred by estoppel. Points
orders of the court, the nature of the judgment and any of law, theories, issues, and arguments not brought to the
other matters necessary to an understanding of the attention of the trial court should not be considered by a
nature of the controversy, with page references to the reviewing court, as these cannot be raised for the first time on
record appeal. To consider the alleged facts and arguments raised
4. Under the heading “Statement of Facts” a clear and belatedly would amount to trampling on the basic principles of
concise statement in a narrative form of the facts fair play, justice, and due process.
admitted by both parties and of those in controversy,
together with the substance of the proof relating thereto XPN:
in sufficient detail to make it clearly intelligible, with 1. Lack of Jurisdiction over the subject matter
page references to the record; 2. When there are jurisprudential developments affecting
5. A clear and concise statement of the issues of fact or the issues
law to be submitted to the court for its judgment; 3. An issue not property raised during trial when there is
6. Under the heading “Argument”, the appellants a plain error
arguments on each assignment of error with page 4. Where the issues raised present a matter of public
references to the record. The authorities relied upon policy
shall be cited by the page of the report at which the 5. When their factual bases would not require
case begins and the page of the report on which the presentation of any further evidence by the adverse
citation is found; party in order to enable him to properly meet the issue
7. Under the heading “Relief”, a specification of the order raised, such as:
or judgment which the appellant seeks; and a. Those subject of judicial notice; or
8. In cases not brought up by record on appeal, the b. Those that had already been judicially
appellants brief shall contain, as an appendix, a copy admitted
of the judgment or final order appealed from. EFFECT OF REVERSAL OF APPEALED JUDGEMENT
Ø Failure of the appellant to make specific assignment of
errors in his brief or page references to the record as GR: The reversal of a judgment on appeal is generally binding
required in this section may be grounds for dismissal of only to the parties in the case appealed and does not affect or
his appeal, upon the CA’s own motion or by motion of inure to the benefit of those who did
the appellee (Rule 50 Sec.1(f))
Section 14. Contents of appellee’s brief - The appellees brief XPN: Where the rights of such parties are so interwoven and
shall contain, in the order herein indicated, the following: dependent with each other as to be inseparable due to
(a) A subject index of the matter in the brief with a digest community of interests
of the arguments and page references, and a table of
cases alphabetically arranged, textbooks and statutes
cited with references to the pages where they are cited;
(b) Under the heading “Statement of Facts”, the appellee
shall state that he accepts the statement of facts in the
appellant’s brief, or under the heading “Counter-
Statement of Facts”, he shall point out such
insufficiencies or inaccuracies as he believes exist in
the appellant’s statement of facts with references to the
pages of the record in support thereof, but without
repetition of matters in the appellant’s statement of
facts; and
(c) Under the heading “Argument”, the appellee shall set
forth his arguments in the case on each assignment of
error with page references to the record. The
authorities relied on shall be cited by the page of the
report at which the case begins and the page of the
report on which the citation is found.
Section 15. Questions that may be raised on appeal. -
Whether or not the appellant has filed a motion for new trial court
below, he may include in his assignment of errors any question
of law or fact that has been raised in the court below and
which is within the issues framed by the parties.
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RULE 45 GR: FACTUAL-ISSUE-BAR RULE: only questions of law can

APPEAL BY CERTIORARI TO THE SUPREME COURT be raised; the supreme court is not a trier of facts and factual
findings of the lower courts are, as a rule, conclusive on the
SUMMARY OF PROCEDURE FOR APPEAL BY Supreme Court. It is not its function to once again analyze and
CERTIORARI TO THE SC calibrate evidence that has already been considered in the lower
1. RTC, Sandiganbayan in exercise of appellate courts. Great respect is accorded in the trial court’s first-hand
jurisdiction, CTA en banc, or CA renders decision access to the evidence presented during the trial, and in its direct
2. Any party files a verified petition for review on certiorari observation of the witnesses and their demeanor while they
within 15 days from notice of final judgement or order testify on the occurrences and events attested to. Thus, Rule 45
of lower court or notice of denial of MR or new trial extends only to ERRORS OF LAW.
3. Appellant serves copies of petition on adverse parties
and to the lower court, and pay the corresponding ACTION OF SC IF A RULE 45 APPEAL RAISES QUESTIONS
docket fees OF FACT:
4. SC may dismiss the petition or require the appellee to 1. DENY the appeal
comment 2. Refer the appeal to the CA
5. If given due course, parties may submit memoranda
6. SC may affirm, reverse or modify judgement of the XPN, WHEN QUESTION OF FACT MAY BE PASSED UPON:
lower court 1. Writ of amparo, habeas data, and kalikasan (may raise
questions of law or fact, or both)
Section 1. Filing of petition with Supreme Court. - A party 2. The conclusion of CA is grounded entirely on
desiring to appeal by certiorari from a judgment, final order or speculations, surmises and conjectures
resolution of: 3. The inference made is manifestly mistaken, absurd or
- the Court of Appeals impossible
- the Sandiganbayan (in the exercise of its appellate 4. There is a grave abuse of discretion in the appreciation
jurisdiction) of facts
- the Court of Tax Appeals (en banc) 5. The judgment is based on misapprehension or
- the Regional Trial Court (in the exercise of its original misrepresentation of facts
jurisdiction) or other courts, whenever authorized by 6. The findings of facts are conflicting
law may file with the Supreme Court a verified petition 7. The findings of fact of the CA is premised on the
for review on certiorari. supposed evidence and is contradicted by the evidence
on record
The petition may include an application for a writ of 8. The CA in making its findings, went beyond the issues of
preliminary injunction or other provisional remedies and the case and the same is contrary to the admissions of
shall raise only questions of law which must be distinctly set both appellant and appellee;
forth. The petitioner may seek the same provisional remedies by 9. The findings of fact of the CA are contrary to those of the
verified motion filed in the same action or proceeding at any time trial court;
during its pendency. 10. The findings of fact are conclusions without citation of
specific evidence on which they are based;
WHEN APPEAL BY CERTIORARI APPLICABLE: 11. The facts set forth in the petition, as well as in the
• Appeal from a judgment or final order of the RTC where petitioner’s main and reply briefs, are not disputed by the
only questions of law are raised or are involved, and the respondents;
case is one decided by said court in the exercise of its 12. The findings of fact of the Court of Appeals are premised
original jurisdiction (if appellate, regardless of questions on the supposed absence of evidence and contradicted
of fact, questions of law, or mixed, the appeal shall be by the evidence on record
brought to the CA by petition for review under Rule 42) 13. When certain material facts and circumstances have
• Appeal from the judgment, final order, or resolutions of been overlooked by the trial court which, if taken into
the CA where the petition shall raise only questions of account, would alter the result of the case in that they
law. would entitle the accused to acquittal.
• Appeal from the judgment, final order, or resolutions of
the Sandiganbayan where the petition shall raise only QUESTIONS OF LAW QUESTIONS OF FACT
questions of law Material allegations of fact Doubt or difference as to the
• Appeal from the decision or ruling of CTA en banc are not controverted by either truth and falsehood of facts,
• Appeal from a judgment or final order in petition for a party, thus there is certainty or as to probative value of the
writ of amparo to the Supreme Court. (question of fact as to facts The doubt lies on evidence presented.
allowed) what law is to be applied on
• Appeal from a petition for a writ of kalikasan (question certain facts.
of fact allowed) The appellate court can The determination of the
• Appeals from a judgment or final order in a petition for a determine the issue raised issue involves evaluation or
writ of habeas data (question of fact allowed) without reviewing or review of evidence.
evaluating the evidence.
Ø applicable to both civil and criminal cases, except in
criminal cases where the penalty imposed is death, TEST: Whether a question is one of law or of fact is not the
reclusion perpetua or life imprisonment appellation given to such question by the party raising the same;
rather, it is whether the appellate court can determine the issue
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raised without reviewing or evaluating the evidence in which 3. the broader interests of justice require such treatment;
case, it is a question of law; otherwise, it is a question of fact. 4. the writs issued were null and void; or
5. the questioned decision or order amounts to an
oppressive exercise of judicial authority
RULE 45 DISTINGUISHED FROM RULE 65
- Mutually exclusive, and not alternative or cumulative Section 2. Time for filing; extension. - The petition shall be
- Different remedies with different applications filed within 15 days from notice of the judgment or final order
or resolution appealed from, or of the denial of the petitioners
RULE 45 RULE 65 motion for new trial or reconsideration filed in due time after
a mode of appeal; a a special civil action; an notice of the judgment.
continuation of the case original action independent
subject of the appeal of the case that gave rise to On motion duly filed and served, with full payment of the docket
the assailed ruling and other lawful fees and the deposit for costs before the
seeks to review final may be directed against an expiration of the reglementary period, the Supreme Court may
judgments or final orders interlocutory order or matters for justifiable reasons grant an extension of 30 days only
since it is an appeal where no appeal may be within which to file the petition.
taken from Ø Any extension of time granted by a court should be
raises only questions of law raises questions of computed from the expiration of the original period,
jurisdiction specifically regardless of the fact that said expiry date falls on a
because a tribunal, board or Saturday, Sunday, or legal holiday.
officer exercising judicial or
quasi-judicial functions has Ø The appeal period of a writ of amparo or writ of
acted without jurisdiction, in habeas data case is 5 working days from the date
excess of jurisdiction, or with of notice of the adverse judgement or order
grave abuse of discretion Section 3. Docket and other lawful fees; proof of service of
amounting to lack of petition. - Unless he has theretofore done so, the petitioner
jurisdiction shall pay the corresponding docket and other lawful fees to the
filed within 15 days from filed not later than 60 days clerk of court of the Supreme Court and deposit the amount of
notice of judgment, final from notice of judgment, P500.00 for costs at the time of the filing of the petition. Proof of
order or resolution appealed order or resolution sought to service of a copy thereof on the lower court concerned and on
from be assailed. In case a motion the adverse party shall be submitted together with the petition.
for reconsideration or new
trial is timely filed, whether Section 4. Contents of petition. - The petition shall be filed in
such motion is required or 18 copies, with the original copy intended for the court being
not, the 60-day period shall indicated as such by the petitioner, and shall
be counted from notice of
denial of said motion (a) state the full name of the appealing party as the petitioner
does not require MR MR required and the adverse party as respondent, without impleading the
stays the judgment appealed Does not stay the judgment lower courts or judges thereof either as petitioners or
from or order subject of the respondents;
petition, unless enjoined or
restrained (b) indicate the material dates showing when notice of the
the parties are the original the tribunal, board, officer judgment or final order or resolution subject thereof was
parties with the appealing exercising judicial or quasi- received, when a motion for new trial or reconsideration, if any,
party as the petitioner and judicial functions is was filed and when notice of the denial thereof was received;
the adverse party as impleaded as respondent (MATERIAL DATA RULE)
respondent without
impleading the lower court or (c) set forth concisely a statement of the matters involved,
its judge and the reasons or arguments relied on for the allowance of
Filed only with SC May be filed with other courts the petition;

NOTE: As a rule, a party cannot file a petition under both Rules (d) be accompanied by a clearly legible duplicate original, or
45 and 65 of the Rules of Court because said procedural rules a certified true copy of the judgment or final order or resolution
pertain to different remedies and have distinct applications. The certified by the clerk of court of the court a quo and the requisite
remedy of appeal under Rule 45 and an original action for number of plain copies thereof, and such material portions of
certiorari under Rule 65 are mutually exclusive and not the record as would support the petition; and
alternative or cumulative. Thus, a party should not join both
petitions in one pleading. When a party adopts an improper (e) contain a sworn certification against forum shopping as
remedy, his petition may be dismissed outright. provided in the last paragraph of section 2, Rule 42.

WHEN RULE 65 IS TREATED AS A RULE 45 PETITION HOW FILED: 1 original (properly marked) and 4 copies, unless
1. the petition has been filed within the 15-day period the case is referred to the Court En Banc, in which event, the
reglementary period; parties shall file 10 additional copies
2. public welfare and the advancement of public policy
dictate such treatment;
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- For the En Banc, the parties need to submit only 2 sets sanctions in case of non-filing or unauthorized filing of such
of annexes, 1 attached to the original and an extra pleadings and documents or non-compliance with the conditions
copy. therefor.
- For the Division, the parties need to submit also 2 sets
of annexes,1 attached to the original and an extra copy. Section 8. Due course; elevation of records. - If the petition
All members of the Court shall share the extra copied is given due course, the Supreme Court may require the
of annexes in the interest of economy of paper. elevation of the complete record of the case or specified parts
- There must also be compliance with the Rules on E- thereof within 15 days from notice.
Filing for pleadinsg to be filed with the SC.
Section 9. Rule applicable to both civil and criminal cases.
EFFECT OF SUBSEQUENT COMPLIANCE WITH MATERIAL - The mode of appeal prescribed in this Rule shall be applicable
DATA RULE to both civil and criminal cases, except in criminal cases
While the SC, in the application of similar rules requiring a where the penalty imposed is death, reclusion perpetua or
statement of the material dates to show the timeliness of the life imprisonment.
filing of appeals by petition for review on certiorari of judgments
of inferior courts has initially denied the petitions for non- Rule 56, and applicability of provisions of Rules 48, 51, 52
compliance with the Rule, it has consistently and invariably i. From Sandiganbayan, 2018 Revised Internal Rules of the
granted in the interest of substantial justice, motions for Sandiganbayan, A.M. No. 13-7-05-SB
reconsideration upon petitioner's subsequent compliance and ii. From CA, Rule 124, Sec. 13(c)
submittal therewith of the material dates showing the timeliness iii. Revised Guidelines on Submission of Electronic Copies of
of filing of the petition (without prejudice to meeting the proper Supreme Court-Bound Papers Pursuant to the Efficient Use of
penalty in appropriate cases to offending counsel) and has Paper Rule, A.M. No. 10-3-7-SC/A.M. No. 11-9-4-SC, 22
proceeded to consider and act on the merits of the petitioner, February 2022
granting or denying due course thereto as the case warranted

Section 5. Dismissal or denial of petition. - The failure of the

petitioner to comply with any of the foregoing requirements
regarding the payment of the dock et and other lawful fees,
deposit for costs, proof of service of the petition, and the
contents of and the documents which should accompany the
petition shall be sufficient ground for the dismissal thereof.

The Supreme Court may on its own initiative deny the petition
on the ground that the appeal is without merit, or is prosecuted
manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration.

Section 6. Review discretionary. - A review is not a matter of

right, but of sound judicial discretion, and will be granted only
when there are special and important reasons therefor. The
following, while neither controlling nor fully measuring the courts
discretion, indicate the character of the reasons which will be
considered:
(a) When the court a quo has decided a question of
substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in accord
with law or with the applicable decisions of the
Supreme Court; or
(b) When the court a quo has so far departed from the
accepted and usual course of judicial proceedings, or
so far sanctioned such departure by a lower court, as
to call for an exercise of the power of supervision.

Ø every appeal to the SC is not a matter of right, XPN:

cases where death penalty or reclusion perpetua is
imposed

Section 7. Pleadings and documents that may be required;

sanctions. - For purposes of determining whether the petition
should be dismissed or denied pursuant to section 5 of this Rule,
or where the petition is given due course under section 8 hereof,
the Supreme Court may require or allow the filing of such
pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it
may consider appropriate, and impose the corresponding
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PROCEDURE IN THE COURT OF APPEALS The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the
RULE 46 petition.
ORIGINAL CASES
Ø Original jurisdiction of CA REQUIREMENTS:
Section 1. Title of cases. - In all cases originally filed in the 1. Filed in 1 original (properly marked) and 2 legible
Court of Appeals, the party instituting the action shall be called copies, with proof of service on the respondent; the
the petitioner and the opposing party the respondent. other requisite number of copies of the petition shall be
accompanies by clearly legible plain copies of all
Section 2. To what actions applicable. - This Rule shall apply documents attached to the original
to original actions for certiorari, prohibition, mandamus and 2. Accompanied by clearly legible duplicate original or
quo warranto. certified true copy of the judgement, order, or resolution
subject thereof
Except as otherwise provided, the actions for annulment of 3. Accompanied by such material portions of the record
judgment shall be governed by Rule 47, for certiorari, prohibition as are referred to in the petition, and other documents
and mandamus by Rule 65, and for quo warranto by Rule 66. relevant or pertinent thereto
Ø Rule 46 primarily governs original actions for certiorari 4. Certificate of non-forum shopping
filed in the CA, but Rule 65 supplements the same. 5. Payment of docket and other lawful fees
Rule 46 and 65 co-exist with each other and should be 6. Deposit the amount of P500
construed so as to give effect to every provision of both Section 4. Jurisdiction over person of respondent, how
rules. acquired. - The court shall acquire jurisdiction over the person
Section 3. Contents and filing of petition; effect of non- of the respondent by the service on him of its order or
compliance with requirements. - The petition shall contain the resolution indicating its initial action on the petition or by his
full names and actual addresses of all the petitioners and voluntary submission to such jurisdiction.
respondents, a concise statement of the matters involved, the
factual background of the case, and the grounds relied upon Section 5. Action by the court. - The court may dismiss the
for the relief prayed for. petition outright with specific reasons for such dismissal or
require the respondent to file a comment on the same within
In actions filed under Rule 65, the petition shall further indicate 10 days from notice. Only pleadings required by the court shall
the material dates showing when notice of the judgment or final be allowed. All other pleadings and papers may be filed only with
order or resolution subject thereof was received, when a motion leave of court.
for new trial or reconsideration, if any, was filed when notice of
the denial thereof was received.
Section 6. Determination of factual issues. - Whenever
It shall be filed in 7 clearly legible copies together with proof of necessary to resolve factual issues, the court itself may conduct
service thereof on the respondent with the original copy intended hearings thereon or delegate the reception of the evidence
for the court indicated as such by the petitioner, and shall be on such issues to any of its members or to an appropriate court,
accompanied by a clearly legible duplicate original or certified agency or office.
true copy of the judgment, order, resolution, or ruling subject
thereof, such material portions of the record as are referred to Section 7. Effect of failure to file comment. - When no
therein, and other documents relevant or pertinent thereto. The comment is filed by any of the respondents, the case may be
certification shall be accomplished by the proper clerk of court decided on the basis of the record, without prejudice to any
or by his duly authorized representative, or by the proper officer disciplinary action which the court may take against the
of the court, tribunal, agency or office involved or by his duly disobedient party.
authorized representative. The other requisite number of copies
of the petition shall be accompanied by clearly legible plain
copies of all documents attached to the original.

The petitioner shall also submit together with the petition a

sworn certification that he has not theretofore commenced any
other action involving the same issues in the Supreme Court, the
Court of Appeals or different divisions thereof, or any other
tribunal or agency; if there is such other action or proceeding, he
must state the status of the same; and if he should thereafter
learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other
tribunal or agency thereof within 5 days therefrom.

The petitioner shall pay the corresponding docket and other

lawful fees to the clerk of court and deposit the amount of
P500.00 for costs at the time of the filing of the petition.
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RULE 47 – SEE POST-JUDGMENT REMEDIES ABOVE Section 2. Conduct of oral argument. - Unless authorized by
the court, only one counsel may argue for a party. The duration
RULE 48 allowed for each party, the sequence of the argumentation, and
PRELIMINARY CONFERENCE all other related matters shall be as directed by the court.

NATURE: Unlike the Pre-trial conference under Rule 18, Section 3. No hearing or oral argument for motions. -
preliminary conference before the appellate court is NOT Motions shall not be set for hearing and, unless the court
MANDATORY. Its calling is within the discretion of said court. otherwise directs, no hearing or oral argument shall be allowed
in support thereof. The adverse party may file objections to the
Section 1. Preliminary conference. - At any time during the motion within 5 days from service, upon the expiration of
pendency of a case, the court may call the parties and their which such motion shall be deemed submitted for resolution.
counsel to a preliminary conference:
RULE 50
(a) To consider the possibility of an amicable settlement, DISMISSAL OF APPEAL
except when the case is not allowed by law to be compromised;
Section 1. Grounds for dismissal of appeal. - An appeal may
(b) To define, simplify and clarify the issues for be dismissed by the Court of Appeals, on its own motion or on
determination; that of the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face
(c) To formulate stipulations of facts and admissions of that the appeal was taken within the period fixed by
documentary exhibits, limit the number of witnesses to be these Rules;
presented in cases falling within the original jurisdiction of the
court, or those within its appellate jurisdiction where a motion for (b) Failure to file the notice of appeal or the record on
new trial is granted on the ground of newly discovered evidence; appeal within the period prescribed by these Rules;
and
(c) Failure of the appellant to pay the docket and other
(d) To take up such other matters which may aid the court in lawful fees as provided in section 5 of Rule 40 and
the prompt disposition of the case. section 4 of Rule 41;
Ø Failure to appear at the preliminary conference may be
a ground for dismissal of the petition. (d) Unauthorized alterations, omissions or additions
Section 2. Record of the conference. - The proceedings at in the approved record on appeal as provided in
such conference shall be recorded and, upon the conclusion section 4 of Rule 44;
thereof, a resolution shall be issued embodying all the actions
taken therein, the stipulations and admissions made, and the (e) Failure of the appellant to serve and file the required
issues defined. number of copies of his brief or memorandum within
the time provided by these Rules;
Section 3. Binding effect of the results of the conference. -
Subject to such modifications which may be made to prevent (f) Absence of specific assignment of errors in the
manifest injustice, the resolution in the preceding section shall appellant’s brief, or of page references to the record
control the subsequent proceedings in the case unless, within 5 as required in section 13, paragraphs (a), (c), (d) and
days from notice thereof, any party shall satisfactorily show valid (f) of Rule 44;
cause why the same should not be followed.
(g) Failure of the appellant to take the necessary steps
GR: The resolution on the record or the conference as provided for the correction or completion of the record within
under Section 2 shall control the subsequent proceedings in the the time limited by the court in its order;
case
(h) Failure of the appellant to appear at the preliminary
XPN: conference under Rule 48 or to comply with orders,
• When modifications thereon are made to precent circulars, or directives of the court without justifiable
manifest injustice; cause; and
• If within 5 days from notice of the resolution, any party
satisfactorily shown valid cause why the same should (i) The fact that the order or judgment appealed from is
not be followed not appealable.
RULE 49
ORAL ARGUMENT Ø The grounds for dismissal of an appeal under Sec. 1 of
Rule 50 are DISCRETIONARY / DIRECTORY upon
Section 1. When allowed. - At its own instance or upon the appellate court and not mandatory, except 1(b).
motion of a party, the court may hear the parties in oral
argument on the merits of a case, or on any material incident in Section 2. Dismissal of improper appeal to the Court of
connection therewith. Appeals. - An appeal under Rule 41 taken from the RTC to the
CA raising only questions of law shall be dismissed, issues
The oral argument shall be limited to such matters as the court purely of law not being reviewable by said court. Similarly, an
may specify in its order or resolution. appeal by notice of appeal instead of by petition for review
from the appellate judgment of a Regional Trial Court shall be
dismissed.
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An appeal erroneously taken to the Court of Appeals shall Section 3. Quorum and voting in the court. - The participation
not be transferred to the appropriate court but shall be of all 3 Justices of a division shall be necessary at the
dismissed outright. deliberation and the unanimous vote of the 3 Justices shall
be required for the pronouncement of a judgment or final
IMPROPER APPEAL resolution.
Appellant availed of the proper mode of appeal but raised issues
that may not be considered in said mode of appeal (ex: an If the 3 Justices do not reach a unanimous vote, the clerk shall
appeal under Rule 41 taken to the CA raising only questions of enter the votes of the dissenting Justices in the record.
law) Thereafter, the Chairman of the division shall refer the case,
together with the minutes of the deliberation, to the Presiding
ERRONEOUS APPEAL Justice who shall designate 2 Justices chosen by raffle from
Appellant availed of the wrong mode of appeal (ex: appellant among all the other members of the court to sit temporarily with
filed a notice of appeal from a decision of the RTC rendered in them, forming a special division of five Justices.
the exercise of its appellate jurisdiction)
The participation of all the 5 members of the special division
REMEDY shall be necessary for the deliberation required in section 2 of
To re-file it in the proper forum but has to be within the this Rule and the concurrence of a majority of such division shall
prescribed period be required for the pronouncement of a judgment or final
resolution.
Section 3. Withdrawal of appeal. - An appeal may be Ø To be binding, a judgement must be duly signed and
withdrawn as of right at any time before the filing of the promulgated during the incumbency of the judge who
appellee’s brief. Thereafter, the withdrawal may be allowed in signed it.
the discretion of the court.
Ø Where the decision was promulgated after two of the 3
RULE 51 justices necessary to constitute a quorum in a division
JUDGMENT has lost their authority to act as justices, said decision
is null and void.
Section 1. When case deemed submitted for judgment. - A
case shall be deemed submitted for judgment: Section 4. Disposition of a case. - The Court of Appeals, in the
exercise of its appellate jurisdiction, may affirm, reverse, or
A. In ordinary appeals. modify the judgment or final order appealed from, and may
direct a new trial or further proceedings to be had.
1) Where no hearing on the merits of the main case is held,
upon the filing of the last pleading, brief, or memorandum Section 5. Form of decision. - Every decision or final resolution
required by the Rules or by the court itself, or the expiration of of the court in appealed cases shall clearly and distinctly state
the period for its filing. the findings of fact and the conclusions of law on which it is
based, which may be contained in the decision or final resolution
2) Where such a hearing is held, upon its termination or upon itself, or adopted from those set forth in the decision, order, or
the filing of the last pleading or memorandum as may be resolution appealed from.
required or permitted to be filed by the court, or the expiration of Ø The requirement for the statement of facts and the law
the period for its filing. refers to a decision or for that matter a final resolution.
The same are NOT REQUIRED on minute
B. In original actions and petitions for review. resolutions since these usually dispose of the case
not on its merits but on procedural or technical
1) Where no comment is filed, upon the expiration of the considerations.
period to comment.
Section 6. Harmless error. - No error in either the admission or
2) Where no hearing is held, upon the filing of the last the exclusion of evidence and no error or defect in any ruling or
pleading required or permitted to be filed by the court, or the order or in anything done or omitted by the trial court or by any
expiration of the period for its filing. of the parties is ground for granting a new trial or for setting
aside, modifying, or otherwise disturbing a judgment or order,
3) Where a hearing on the merits of the main case is held, unless refusal to take such action appears to the court
upon its termination or upon the filing of the last pleading or inconsistent with substantial justice. The court at every stage of
memorandum as may be required or permitted to be filed by the proceeding must disregard any error or defect which does
the court, or the expiration of the period for its filing. not affect the substantial rights of the parties.
Ø The determination of the date of submission of the case
is made doubly important by the fact that under the HARMLESS ERROR
Constitution, such date is the case or matter, and which Errors committed by the trial court in the admission or exclusion
periods are now mandatory in nature. of evidence or in the resolution of motion during review of things
done either by the trial court or the parties themselves in the
Section 2. By whom rendered. - The judgment shall be course of the trial which does not affect the substantial rights of
rendered by the members of the court who participated in the parties.
the deliberation on the merits of the case before its
assignment to a member for the writing of the decision.
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Section 7. Judgment where there are several parties. - In all entry of judgment or final resolution and addressed to any
actions or proceedings, an appealed judgment may be affirmed appropriate officer for its enforcement.
as to some of the appellants, and reversed as to others, and
the case shall thereafter be proceeded with, so far as necessary, In appealed cases, where the motion for execution pending
as if separate actions had been begun and prosecuted; and appeal is filed in the Court of Appeals at a time that it is in
execution of the judgment of affirmance may be had accordingly, possession of the original record or the record on appeal, the
and costs may be adjudged in such cases, as the court shall resolution granting such motion shall be transmitted to the
deem proper. lower court from which the case originated, together with a
certified true copy of the judgment or final order to be executed,
Section 8. Questions that may be decided. - No error which with a directive for such court of origin to issue the proper writ
does not affect the jurisdiction over the subject matter or the for its enforcement.
validity of the judgment appealed from or the proceedings
therein will be considered unless stated in the assignment of RULE 52
errors, or closely related to or dependent on an assigned MOTION FOR RECONSIDERATION
error and properly argued in the brief, save as the court may
pass upon plain errors and clerical errors. Section 1. Period for filing. - A party may file a motion for
reconsideration of a judgment or final resolution within 15 days
GR: The appellate court can only rule on the basis of grounds from notice thereof, with proof of service on the adverse party.
raised as errors on appeal.
Section 2. Second motion for reconsideration. - No second
XPN: motion for reconsideration of a judgment or final resolution by
• Those affecting the jurisdiction over the subject matter the same party shall be entertained.
• evidently plain and clerical errors within the Ø A second MR is forbidden except for extraordinary
contemplation of law persuasive reasons and only upon express leave first
• Those which the consideration thereof is necessary in obtained.
arriving at a just decision and complete resolution of the
case or to serve the interest of justice or to avoid Ø The absolute terms of this Rule are tempered by Sec.
dispensing piecemeal justice 3, Rule 15 of the Internal Rules of the SC that provides:
• Matters raises in the trial courts an are matters of record “The Court shall not entertain a second MR and any
having some bearing on the issue which the parties exception to this rule can only be granted in the higher
failed to raise or which the lower court ignored interest of justice by the Court en banc upon a vote of
• Matters closely related to or dependent on an error at least 2/3 of its actual membership. There is
assigned reconsideration ‘in the higher interest of justice’ when
• Those upon which the determination of a question the assailed decision is not only legally erroneous, but
properly assigned is dependent is likewise patently unjust and potentially capable of
causing unwarranted and irremediable injury or
Section 9. Promulgation and notice of judgment. - After the damage to the parties. A second MR can only be
judgment or final resolution and dissenting or separate opinions, entertained before the ruling sought to be reconsidered
if any, are signed by the Justices taking part, they shall be becomes final by operation of law or by the Court’s
delivered for filing to the clerk who shall indicate thereon the declaration.”
date of promulgation and cause true copies thereof to be
served upon the parties or their counsel. Section 3. Resolution of motion. - In the Court of Appeals, a
motion for reconsideration shall be resolved within 90 days
Section 10. Entry of judgments and final resolutions. - If no from the date when the court declares it submitted for resolution.
appeal or motion for new trial or reconsideration is filed within
the time provided in these Rules, the judgment or final resolution Section 4. Stay of execution. - The pendency of a motion for
shall forthwith be entered by the clerk in the book of entries reconsideration filed on time and by the proper party shall stay
of judgments. The date when the judgment or final resolution the execution of the judgment or final resolution sought to be
becomes executory shall be deemed as the date of its entry. The reconsidered unless the court, for good reasons, shall otherwise
record shall contain the dispositive part of the judgment or final direct.
resolution and shall be signed by the clerk, with a certificate that
such judgment or final resolution has become final and RULE 53
executory. NEW TRIAL
Ø Date of entry is important for purposes of execution od
judgement. Section 1. Period for filing; ground. - At any time after the
appeal from the lower court has been perfected and before
Section 11. Execution of judgment. - Except where the the Court of Appeals loses jurisdiction over the case, a party
judgment or final order or resolution, or a portion thereof, is may file a motion for a new trial on the ground of newly
ordered to be immediately executory, the motion for its discovered evidence which could not have been discovered
execution may only be filed in the proper court after its prior to the trial in the court below by the exercise of due
entry. diligence and which is of such a character as would probably
change the result. The motion shall be accompanied by
In original actions in the Court of Appeals, its writ of affidavits showing the facts constituting the grounds
execution shall be accompanied by a certified true copy of the therefor and the newly discovered evidence.
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TIME OF FILING: Any time after the perfection of the appeal thereof. Memoranda of all other judgments and final resolutions
from the RTC and up to but within 15 days from service of a copy not so published shall be made by the reporter and published in
of the judgement or final resolution of the CA. the Official Gazette and the authorized reports.
Ø Sec. 1 of CA 638 provides for the publication in the
BOHOL: NO LIMIT; AS LONG AS FILED BEFORE CA LOSES Official Gazette of only such decisions or abstracts of
JURISDICTION decisions of the SC and the CA as may be deemed by
Ø The ROC allow only 2 occasions when a party may file said courts of sufficient importance to be so published.
a motion for new trial on the ground of newly Section 2. Preparation of opinions for publication. - The
discovered evidence. That motion may be filed only reporter shall prepare and publish with each reported judgment
with the trial court under Rule 37 or with the CA under and final resolution a concise synopsis of the facts necessary
Rule 53 but never with the SC. The SC is not a trier of for a clear understanding of the case, the names of counsel,
facts. the material and controverted points involved, the authorities
cited therein, and a syllabus which shall be confined to points
Section 2. Hearing and order. - The Court of Appeals shall of law.
consider the new evidence together with that adduced at the trial
below, and may: Section 3. General make-up of volumes. - The published
- grant or refuse a new trial, or decisions and final resolutions of the Supreme Court shall be
- may make such order, with notice to both parties, as to called Philippine Reports, while those of the Court of Appeals
the taking of further testimony, either orally in shall be known as the Court of Appeals Reports. Each volume
court, or by depositions, or thereof shall contain a table of the cases reported and the cases
- render such other judgment as ought to be rendered cited in the opinions, with a complete alphabetical index of the
upon such terms as it may deem just. subject matters of the volume. It shall consist of not less than
seven hundred pages printed upon good paper, well bound and
Section 3. Resolution of motion. - In the Court of Appeals, a numbered consecutively in the order of the volumes published.
motion for new trial shall be resolved within 90 days from the Ø Official reports of court decisions which are published
date when the court declares it submitted for resolution. by the Government and therefore, constitute primary
authority thereon, are those in the Philippine Reports,
Section 4. Procedure in new trial. - Unless the court otherwise Official Gazette, and the Court of Appeals Reports, all
directs, the procedure in the new trial shall be the same as that of which are authorized by law.
granted by a Regional Trial Court. PROCEDURE IN THE SUPREME COURT

RULE 54 RULE 56
INTERNAL BUSINESS A. ORIGINAL CASES

Section 1. Distribution of cases among divisions. - All the Section 1. Original cases cognizable. - Only petitions for
cases of the Court of Appeals shall be allotted among the certiorari, prohibition, mandamus, quo warranto, habeas
different divisions thereof for hearing and decision. The Court of corpus, disciplinary proceedings against members of the
Appeals, sitting en banc, shall make proper orders or rules to judiciary and attorneys, and cases affecting ambassadors,
govern the allotment of cases among the different divisions, the other public ministers and consuls may be filed originally in
constitution of such divisions, the regular rotation of Justices the Supreme Court.
among them, the filling of vacancies occurring therein, and other
matters relating to the business of the court; and such rules shall Subsequent SC issuances also allow the following to be
continue in force until repealed or altered by it or by the Supreme originally filed with the SC:
Court. • Petitions for writ of amparo
• Petitions for writ of habeas data
Section 2. Quorum of the court. - A majority of the actual • Petitions for writ of continuing mandamus
members of the court shall constitute a quorum for its sessions • Petitions for writ of kalikasan
en banc. Three members shall constitute a quorum for the
sessions of a division. The affirmative votes of the majority of Section 2. Rules applicable. - The procedure in original cases
the members present shall be necessary to pass a resolution for certiorari, prohibition, mandamus, quo warranto and habeas
of the court en banc. The affirmative votes of three members corpus shall be in accordance with the applicable provisions of
of a division shall be necessary for the pronouncement of a the Constitution, laws, and Rules 46,48,49,51,52 and this Rule,
judgment or final resolution, which shall be reached in subject to the following provisions:
consultation before the writing of the opinion by any member of
the division. a) All references in said Rules to the Court of Appeals shall be
understood to also apply to the Supreme Court;
RULE 55
PUBLICATION OF JUDGMENTS AND FINAL b) The portions of said Rules dealing strictly with and specifically
RESOLUTIONS intended for appealed cases in the Court of Appeals shall not be
applicable; and
Section 1. Publication. - The judgments and final resolutions
of the court shall be published in the Official Gazette and in the c) Eighteen (18) clearly legible copies of the petition shall be
Reports officially authorized by the court in the language in filed, together with proof of service on all adverse parties.
which they have been originally written, together with the syllabi • Division
therefor prepared by the reporter in consultation with the writers - 1 original copy (properly marked)
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- 4 copies or life imprisonment, an appeal taken to the Supreme Court

- 2 sets of annexes, one attached to he original and an extra copy by notice of appeal shall be dismissed.
• En Banc
- File 10 additional copies
- 2 sets of annexes, one attached to the original copy and an extra An appeal by certiorari taken to the Supreme Court from the
copy Regional Trial Court submitting issues of fact may be referred to
The proceedings for disciplinary action against members of the the Court of Appeals for decision or appropriate action. The
judiciary shall be governed by the laws and Rules prescribed determination of the Supreme Court on whether or not issues of
therefor, and those against attorneys by Rule 139-B, as fact are involved shall be final.
amended.
IMPROPER APPEAL ERRONEOUS APPEAL
B. APPEALED CASES the choice or mode of appeal error in the choice or mode of
is correct but the appellant appeal (ex: appeal taken to
Section 3. Mode of appeal. - An appeal to the Supreme Court raises issues which the court the SC is by notice of appeal
may be taken only by a petition for review on certiorari, except could not resolve (ex: petition instead of petition for review
in criminal cases where the penalty imposed is death, reclusion for review on certiorari was on certiorari)
perpetua or life imprisonment. taken but factual issues are
invoked for resolution)
GR: An appeal to the SC may only be taken by a petition for the case may be: (1) referred appeal shall be dismissed
review on certiorari. An appeal taken to the SC by notice of to the CA; or (2) dismissed by outright
appeal shall be dismissed. the SC

XPN: Section 7. Procedure if opinion is equally divided. - Where

a. In criminal cases where the penalty imposed is death, the court en banc is equally divided in opinion, or the necessary
reclusion perpetua or life imprisonment (notice of majority cannot be had, the case shall again be deliberated on,
appeal allowed) and if after such deliberation no decision is reached, the
b. The appeal to SC in criminal cases decided by the SB original action commenced in the court shall be dismissed;
in the exercise of its original jurisdiction shall be by in appealed cases, the judgment or order appealed from shall
notice of appeal stand affirmed; and on all incidental matters, the petition or
NOTE: Appeal by certiorari to the SC from the RTC which motion shall be denied.
involves issues of fact, may be referred to the CA for decision
or appropriate action. The determination of the SC on whether
issues of fact are involved shall be final to the CA.

Section 4. Procedure. - The appeal shall be governed by and

disposed of in accordance with the applicable provisions of the
Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11 of
Rule 51,52 and this Rule.

Section 5. Grounds for dismissal of appeal. - The appeal may

be dismissed motu proprio or on motion of the respondent
on the following grounds:

(a) Failure to take the appeal within the reglementary period;

(b) Lack of merit in the petition;

(c) Failure to pay the requisite docket fee and other lawful fees
or to make a deposit for costs;

(d) Failure to comply with the requirements regarding proof of

service and contents of and the documents which should
accompany the petition;

(e) Failure to comply with any circular, directive or order of the

Supreme Court without justifiable cause;

(f) Error in the choice or mode of appeal; and

(g) The fact that the case is not appealable to the Supreme
Court.

Section 6. Disposition of improper appeal. - Except as

provided in section 3, Rule 122 regarding appeals in criminal
cases where the penalty imposed is death, reclusion perpetua
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Module 9: Provisional Remedies availed of by a party in the meantime that the main action the is
being litigated and there is yet no final judgment in case.
1) Preliminary Attachment – R57
provisional remedy wherein at the commencement of the action or at any PURPOSE
time before entry of judgment, a plaintiff or any proper party may have the - to preserve or protect of their rights or interest, during
property of the adverse party taken into the custody of the court as security the pendency of the litigation
for the satisfaction of any judgment that may be recovered
- to secure judgement
2) Preliminary injunction – R58 - to preserve the status quo of the things subject of the
An order granted at any stage of an action, prior to the judgement or final action or the relation between the parties
order, requiring a party, court, agency, or person to perform or refrain from - to preserve the subject matter of the action
performing a particular act or acts.
JURISDICTION OVER PROVISIONAL REMEDIES
3) Receivership – R59 - The court which grants or issues a provisional remedy
a provisional or ancillary remedy wherein the court appoints a receiver to is the court which has jurisdiction over the main action.
receive and preserve the property or fund in litigation pendente lite, when it
does not seem reasonable to the court that either party should hold it
This includes an inferior court which may grant a
provisional remedy in an action pending within its
4) Replevin – R60 jurisdiction.
either the action itself to regain the possession of chattels wrongfully detained
from the plaintiff by another or the provisional remedy that would allow the GRANT OR DENIAL OF PROVISIONAL REMEDIES
plaintiff to retain the thing during the pendency of the action to hold it - Orders granting or denying provisional remedies are
pendente lite merely interlocutory and cannot be the subject of an
appeal.
5) Support – R61 - REMEDY: certiorari under Rule 65, provided that the
Amount of support provisionally fixed by the court in favor of the person/s
entitled thereto during the pendency of an action
interlocutory is rendered without or in excess of
jurisdiction or with GAD
- NOT EXCLUSIVE
RULE 57
- Also available in criminal cases and in some special PRELIMINARY ATTACHMENT
civil actions and special proceedings - provisional remedy wherein at the commencement of
the action or at any time before entry of judgment, a
Special Laws, summary: plaintiff or any proper party may have the property of the
adverse party taken into the custody of the court as
FAMILY CASES
o restraining order in case of violence
security for the satisfaction of any judgment that may be
o temporary custody of children recovered
o support pendente lite, including deduction from the salary and use of conjugal - A provisional remedy, auxiliary or incidental to the main
home and other properties
action, whereby the debtor’s property capable of being
HUMAN SECURITY ACT taken under levy and execution is placed under custody
o Inspection and examination of bank and financial institution accounts of of the law pending the determination of the cause, to
terrorists, terrorist organizations, and suspected terrorists
o Seizure, sequestration, and freezing of bank and financial institution accounts secure the payment of any judgment that may be
and assets of terrorists, terrorist organizations, and suspected terrorists recovered therein.
o Restriction on the right to travel
- It places the attached properties in custodia legis,
VAWC obtaining pendente lite a lien until the judgement of the
o BPO and temporary protection order proper tribunal on the plaintiff’s claim is established,
AMLA when the lien becomes effective as of the date of the levy
o freeze order

FRIA
NATURE: QUASI IN REM (jurisdiction over the person of the
o stay or suspension order defendant is not required as long as the court acquires
o receivership jurisdiction over the res)
PRECAUTIONARY HDO
WHO MAY AVAIL: ANY PARTY (plaintiff; defendant in respect
DEFINITION of his counterclaim; co-party on his cross-claim; third-party on
Remedies available during the pendency of the action which his third-party claim)
may be resorted to by a litigant to preserve and protect certain
rights and interests therein pending rendition, and for purposes PURPOSE:
of the ultimate effects of a final judgment in the case. • Seize the property of the debtor before final judgement
and put the same in custodia legis even while the action
They are provisional because they constitute temporary is pending for the satisfaction of a later judgement
measures availed of during the pendency of the action and they • To enable the court to acquire jurisdiction over the res
are ancillary because they are mere incidents in and are or the property subject of the action in case where
dependent upon the result of the main action. service in person or any service to acquire jurisdiction
over the defendant cannot be effected
NATURE
Provisional remedies are not permanent or final reliefs. They EFFECT OF WITHDRAWAL OR DISMISSAL OF MAIN
COMPLAINT
are, as the name indicates, merely temporary reliefs that may be
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THE WRIT OF ATTACHMENT WILL BE DISSOLVED AND satisfaction of any judgment that may be recovered in the
RENDERED NON-EXISTENT. Attachment is an ancillary following cases:
remedy. It is not sought for its own sake but rather to enable the DEPART
attaching party to realize upon relief sought and expected to be (a) In an action for the recovery of a specified amount of
granted in the main or principal action. The remedy of money or damages, other than moral and exemplary,
attachment is adjunct to the main suit; therefore, it can have no on a cause of action arising from law, contract, quasi-
independent existence apart from a suit on a claim of the plaintiff contract, delict or quasi-delict against a party who is
against the defendant. about to depart from the Philippines with intent to
defraud his creditors;
STRICT CONSTRUCTION - Moral and exemplary damages excluded as it is not a
Preliminary attachment is harsh and rigorous for it exposes the specified amount, to still be determined by the court
debtor to humiliation and annoyance. The rules governing its
issuance are thus construed against the applicant. EMBEZZLEMENT
(b) In an action for money or property embezzled or
Kinds of Attachment: fraudulently misapplied or converted to his own use
• Preliminary attachment or levy on attachment by a public officer, or an officer of a corporation, or an
• Garnishment -- money or goods in the hands of a third attorney, factor, broker, agent, or clerk, in the course of
person which are due to the defendant, are attached by his employment as such, or by any other person in a
the plaintiff; manner of attaching property pursuant to a fiduciary capacity, or for a willful violation of duty;
writ of execution
• Levy on execution or final attachment – attachment RECOVER POSSESSION
issued to enforce a judgment which has become final (c) In an action to recover the possession of property
and executory; property of the judgement debtor is unjustly or fraudulently taken, detained or
taken into the custody of the court before the sale of the converted, when the property, or any part thereof, has
property on execution for the satisfaction of a final been concealed, removed, or disposed of to prevent
judgement its being found or taken by the applicant or an
authorized person;
REQUISITES FOR A PRELIMINARY ATTACHMENT TO
ISSUE FRAUD
a. The applicant must file a motion whether ex parte or (d) In an action against a party who has been guilty of a
otherwise, supported by an affidavit fraud in contracting the debt (dolo causante) or
b. The applicant must show by Affidavit executed by the incurring the obligation (dolo incidente) upon which
applicant or some other person who personally knows the action is brought, or in the performance thereof;
the facts that:
i. there is no sufficient security tor the claim Dolo causante – fraud used to induce another to enter into a
sought to be enforced by the action; contract; it is fraud employed in contracting an obligation and
ii. that the amount due the applicant or the value renders a contract annullable or voidable
of property the possession of which he is
Dolo incidente - fraud employed by a party in the fulfillment of
entitled to recover, is as much as the sum for
his obligation or after the obligation has been contracted; this
which the order is granted above all
only obliges the person employing it to pay damages
counterclaims,
iii. sufficient cause of action exists; DISPOSE PROPERTY
iv. The case must be any of those where (e) In an action against a party who has removed or
preliminary attachment is proper as provided disposed of his property, or is about to do so, with
under Sec. 1 Rule 57 intent to defraud his creditors; or
c. The applicant must post a bond:
i. executed to the adverse party in an amount NON-RESIDENT / SUMMONS BY PUBLICATION
fixed by the court in its order granting the (f) In an action against a party who does not reside and is
issuance of the writ not found in the Philippines, or on whom summons may
ii. conditioned that he will pay all the costs which be served by publication.
may be adjudged to the adverse party and all
damages which he may sustain by reason of Ø GROUNDS EXCLUSIVE
the attachment, if the court shall finally
Ø a writ of preliminary attachment is issued precisely to
adjudge that the applicant was not entitled
create a lien. Hence, where a lien already exists, as in
thereto
the case a maritime lien, the same is already equivalent
d. The affidavit and bond must be duly filed with the court to an attachment.
before the order issues
WHEN ISSUED: may be issued at the commencement of the
Section 1. GROUNDS upon which attachment may issue. -
action, i.e., FILING OF THE COMPLAINT
At the commencement of the action or at any time before
- hence, even before service of summons
entry of judgment, a plaintiff or any proper party may have the
property of the adverse party attached as security for the
Ø May be issued ex parte or upon motion with notice and
hearing by the court in which the action is pending
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may be issued at the same time to the sheriffs of the

DURATION OF LIEN: While the provisions of R57 are silent on courts of different judicial regions.
the length of time which an attachment lien shall continue to 5. The writ is enforced by the sheriff.
subsist after the rendition of a final judgment, jurisprudence 6. Sheriff makes a return thereon to the court from which
dictates that the said lien continues until the debt is paid, or the writ issued.
the sale is had under execution issued on the judgment or
until the judgment is satisfied, or the attachment COUNTERBOND
discharged or vacated in the same manner provided by law. The word “deposit” in S2&5 R57 can only be construed to refer
(even if a compromise agreement was entered into but the to cash. A broader interpretation is not justified because a party
obligation is not complied with, the lien subsists) seeking a stay of the attachment under S5 is required to make
a deposit in an amount equal to the bond fixed by the court in
RIG: Is attachment available to a mortgagee in an action to the order of attachment or to the value of the property to be
recover the mortgage debt where any one of the grounds in S1 attached. The proximate relation of the word "deposit" and
R57 exists? “amount” is unmistakable, it can be safely concluded that S5
requires the deposit of money as the word “amount” refers to or
GR: NO, for a requirement of the issuance of an order of is associated with a sum of money.
attachment is that there is no other sufficient security for the
claim sought to be enforced by the action. - counterbond must be equal to the attachment bond

XPN: Section 3. Affidavit and bond required. - An order of

1. When the mortgagee abandons his security brings an attachment shall be granted only when it appears by the affidavit
ordinary action for recovery of the debt in which case of the applicant, or of some other person who personally knows
he may cause attachment to be levied upon the very the facts, that:
property on which the was constituted. - a sufficient cause of action exists
2. In foreclosure proceedings, if the mortgagee, shows by - that the case is one of those mentioned in section 1
affidavit or otherwise that the proceeds from the sale of hereof
the property mortgaged would not be sufficient to pay - that there is no other sufficient security for the claim
the mortgage debt. sought to be enforced by the action, and
- that the amount due to the applicant, or the value of the
Section 2. Issuance and contents of order. - An order of property the possession of which he is entitled to
attachment may be issued either ex parte or upon motion with recover, is as much as the sum for which the order is
notice and hearing by the court in which the action is pending, granted above all legal counterclaims.
or by the Court of Appeals or the Supreme Court, and must
require the sheriff of the court to attach so much of the The affidavit, and the bond required by the next succeeding
property in the Philippines of the party against whom it is section, must be duly filed with the court before the order issues.
issued, not exempt from execution, as may be sufficient to
satisfy the applicants demand, unless such party makes Ø A verified complaint with prayer for preliminary
deposit or gives a bond as hereinafter provided in an amount attachment containing the allegations required under
equal to that fixed in the order, which may be the amount S4 R57 but without a separate affidavit is VALID and
sufficient to satisfy the applicants demand or the value of the sufficient. A verification itself is an affidavit.
property to be attached as stated by the applicant, exclusive of
costs. Several writs may be issued at the same time to the Section 4. Condition of applicant’s bond. - The party
sheriffs of the courts of different judicial regions. applying for the order must thereafter give a bond executed to
the adverse party in the amount fixed by the court in its order
Reason for allowing the ex parte attachment issuance: To granting the issuance of the writ, conditioned that the latter will
avoid the possibility of the adverse party dispose of his property pay all the costs which may be adjudged to the adverse
or absconding while the application is heard; although it may be party and all damages which he may sustain by reason of
issued ex parte, the writ may not be validly implemented the attachment, if the court shall finally adjudge that the
unless preceded or simultaneously accompanied by a applicant was not entitled thereto.
service of summons upon the defendant, a copy of fthe
complaint, the application for attachment, the order of APPLICANT’S BOND COUNTERBOND
attachment, and the attachment bond posted by the applicant posted by the party against
whom attachment is issued
STAGES OF A PRELIMINARY ATTACHMENT purpose is to obtain a writ of to prevent or discharge a
1. Filing of the application for issuance of writ of preliminary attachment preliminary attachment
preliminary attachment in the form of an affidavit. answers for all the costs secures the payment of the
2. Court issues the order granting the application. The which may be adjudged to judgment which the applicant
order fixes the amount of the attachment bond but does the adverse party and all may be entitled to
not yet require the sheriff to attach the property. damages which he may
3. The applicant must file the attachment bond in the sustain by reason of the
amount fixed by the court. attachment, if the court shall
4. The court issues the order of attachment with finally adjudge that the
corresponding writ of attachment requiring the sheriff to applicant was not entitled
attach the properties of the adverse party as may be thereto
sufficient to satisfy the applicant’s demand. Several writs
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liability of the sureties must sureties thereon are forthwith not appearing at all upon such records, OR belonging to the
be enforced by an application charged under the judgment party against whom attachment is issued and held by any other
after motion with due notice and their liability may be person, OR standing on the records of the RD in the name of
has been given to the recovered after notice and any other person, by filing with the RD a copy of the order,
applicant and the sureties summary hearing in the together with a description of the property attached, and a
and after proper hearing same action notice that it is attached, or that such real property and any
interest therein held by or standing in the name of such other
Section 5. Manner of attaching property. - The sheriff person are attached, and by leaving a copy of such order,
enforcing the writ shall without delay and with all reasonable description, and notice with the occupant of the property, if
diligence attach, to await judgment and execution in the action, any, or with such other person or his agent if found within the
only so much of the property in the Philippines of the party province. Where the property has been brought under the
against whom the writ is issued, not exempt from execution, operation of either the Land Registration Act or the Property
as may be sufficient to satisfy the applicants demand, Registration Decree, the notice shall contain a reference to the
unless the former makes a deposit with the court from which number of the certificate of title, the volume and page in the
the writ is issued, or gives a counterbond executed to the registration book where the certificate is registered, and the
applicant, in an amount equal to the bond fixed by the court registered owner or owners thereof.
in the order of attachment or to the value of the property to
be attached, exclusive of costs. The registrar of deeds must index attachments filed under this
section in the names of the applicant, the adverse party, or the
No levy on attachment pursuant to the writ issued under section person by whom the property is held or in whose name it stands
2 hereof shall be enforced unless it is preceded, or in the records. If the attachment is not claimed on the entire area
contemporaneously accompanied, by: of the land covered by the certificate of title, a description
- service of summons, sufficiently accurate for the identification of the land or interest
- together with a copy of the complaint, to be affected shall be included in the registration of such
- the application for attachment, attachment;
- the applicant’s affidavit and bond, and
- the order and writ of attachment, on the defendant (b) Personal property capable of manual delivery, by taking
within the Philippines. and safely keeping it in his custody, after issuing the
corresponding receipt therefor;
The requirement of prior or contemporaneous service of
summons shall not apply: (c) Stocks or shares, or an interest in stocks or shares, of
- where the summons could not be served personally or any corporation or company, by leaving with the president or
by substituted service despite diligent efforts, or managing agent thereof, a copy of the writ, and a notice
- the defendant is a resident of the Philippines stating that the stock or interest of the party against whom the
temporarily absent therefrom, or attachment is issued is attached in pursuance of such writ;
- the defendant is a non-resident of the Philippines, or
- the action is one in rem or quasi in rem. (d) Debts and credits, including bank deposits, financial
interest, royalties, commissions and other personal
RATIO FOR CONTEMPORANOUSE SERVICE OF property not capable of manual delivery, by leaving with the
SUMMONS person owing such debts, or having in his possession or under
To acquire jurisdiction over the defendant; applies to grounds his control, such credits or other personal property (garnishee),
under Section 1(a) – (e) of Rule 57. or with his agent, a copy of the writ, and notice that the debts
owing by him to the party against whom attachment is issued,
DUE PROCESS REQUIREMENT and the credits and other personal property in his possession,
While service of summons is not required in the case of Rule 57 or under his control, belonging to said party, are attached in
Section 1(f) for the court to acquire jurisdiction, the service of pursuance of such writ;
summons must still be complied with for compliance with the
requirements of due process (e) The interest of the party against whom attachment is
issued in property belonging to the estate of the decedent,
Section 6. Sheriffs return. - After enforcing the writ, the sheriff whether as heir, legatee, or devisee, by serving the executor
must likewise without delay make a return thereon to the court or administrator or other personal representative of the
from which the writ issued, with a full statement of his decedent with a copy of the writ and notice that said interest
proceedings under the writ and a complete inventory of the is attached. A copy of said writ of attachment and of said notice
property attached, together with any counterbond given by the shall also be filed in the office of the clerk of the court in
party against whom attachment is issued, and serve copies which said estate is being settled and served upon the heir,
thereof on the applicant. legatee or devisee concerned.

Section 7. Attachment of real and personal property; If the property sought to be attached is in custodia legis, a
recording thereof - Real and personal property shall be copy of the writ of attachment shall be filed with the proper
attached by the sheriff executing the writ in the following court or quasi-judicial agency, and notice of the attachment
manner: served upon the custodian of such property.

(a) Real property, or growing crops thereon, or any interest OUTLINE:

therein, standing upon the record of the RD of the province in • Real property, or growing crops the or interest therein:
the name of the party against whom attachment is issued, OR
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1. by fling with the RD a copy of the order of NOTE: there could be several attachments issued by different
attachment, together with a description of the courts over the same property because attachment simply
property attached and a notice that it is attached, creates a lien over the property in favor of the attaching creditor
and
2. by leaving a copy of such order, description, and Section 8. Effect of attachment of debts, credits and all
notice with the occupant of the property. other similar personal property. - All persons having in their
- even if the real property is not registered, the possession or under their control any credits or other similar
attachment may be registered personal property belonging to the party against whom
attachment is issued, or owing any debts to him, at the time of
• Personal property capable of manual delivery: by taking service upon them of the copy of the writ of attachment and
and safely keeping it in his custody, after issuing the notice as provided in the last preceding section, shall be liable
corresponding receipt therefor. to the applicant for the amount of such credits, debts or other
similar personal property, until the attachment is discharged,
• Stocks or shares in a company: by leaving with the or any judgment recovered by him is satisfied, unless such
president or managing agent thereof, a copy of the property is delivered or transferred, or such debts are paid,
writ and a notice stating that the stock/interest of the to the clerk, sheriff, or other proper officer of the court
party against whom the attachment is issued is attached issuing the attachment.
in pursuance of such writ.
Ø It is not necessary to serve summons upon the
• Debts and credits and other personal property not garnishee in order that the trial court may acquire
capable of manual delivery: by leaving with the person jurisdiction. All that is necessary is the service upon
owing such debts, or having in his possession or him of the writ of garnishment.
under his control, such credits or other personal
property, or with his agent, a copy of the writ, and notice RIGS: A writ of preliminary attachment was issued by the trial
that the debts owing by him to the party against whom court and, on the basis thereof, defendant's credit balance with
attachment is issued, and the credits and other personal a stockholder was garnished. Can the court order the
property in his possession, or under his control, stockbroker to surrender that credit balance to plaintiff or to the
belonging to said party, are attached in pursuance of the sheriff? ONLY TO THE SHERIFF, last part of S8 R57 à the
writ. garnished debt may be paid to the clerk, sheriff, or other proper
court officer of the court issuing the attachment. The purpose is
• Interest in estate of the decedent: to secure the garnished credit. The court may not order the
1. by serving the executor or administrator or other stockbroker to surrender the credit balance to the plaintiff.
personal representative of the decedent with a Preliminary attachment is merely provisional and problems
copy of the writ and notice that said interest is could arise if the plaintiff were to lose in the main action.
attached.
2. A copy of the writ and notice shall also be filed in Section 9. Effect of attachment of interest in property
the office of the clerk of the court in which said belonging to the estate of a decedent. - The attachment of the
estate is being settled and served upon the heir, interest of an heir, legatee, or devisee in the property belonging
legatee or devisee concerned. to the estate of a decedent shall not impair the powers of the
executor, administrator, or other personal representative of
• Property in custodia legis: by filing copy of the writ of the decedent over such property for the purpose of
attachment with the proper court or quasi-judicial administration.
agency, and notice of the attachment served upon the
custodian of such property. Such personal representative, however, shall report the
attachment to the court when any petition for distribution is filed,
NOTE: Paragraphs C and D refer to garnishment. By such and in the order made upon such petition, distribution may be
notice of garnishment, the court acquired jurisdiction over the awarded to such heir, legatee, or devisee, but the property
garnishee. The latter becomes a “virtual party” or “forced attached shall be ordered delivered to the sheriff making the
intervenor” to the case and the trial court thereby acquires levy, subject to the claim of such heir, legatee, or devisee,
jurisdiction to bind the garnishee to comply with its orders and or any person claiming under him.
processes.
Section 10. Examination of party whose property is
PRINCIPLE OF SENIORITY OF LIENS attached and persons indebted to him or controlling his
Where the property attached by the judgment creditor had property; delivery of property to sheriff. - Any person owing
previously been mortgaged, the judgment creditor’s lien is debts to the party whose property is attached or having in his
inferior to that of the mortgagee which must first be satisfied in possession or under his control any credit or other personal
the event of foreclosure. In reality, what was attached by the property belonging to such party, may be required to attend
judgment creditor was merely the judgment debtor's right or before the court in which the action is pending, or before a
equity of redemption which is the right of the mortgagor to commissioner appointed by the court, and be examined on
redeem the mortgaged property after his default in the oath respecting the same.
performance of the conditions of the mortgage but before the
sale of the property The party whose property is attached may also be required to
attend for the purpose of giving information respecting his
property, and may be examined on oath.
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The court may, after such examination, order personal

property capable of manual delivery belonging to him, in the The court shall, after due notice and hearing, order the
possession of the person so required to attend before the court, discharge of the attachment if the movant makes a cash
to be delivered to the clerk of the court or sheriff on such deposit, or files a counterbond executed to the attaching party
terms as may be just, having reference to any lien thereon or with the clerk of the court where the application is made, in an
claim against the same, to await the judgment in the action. amount equal to that fixed by the court in the order of
attachment, exclusive of costs. But if the attachment is sought
Ø Examination under Rule 39 is proper only when the writ to be discharged with respect to a particular property, the
of execution is returned unsatisfied. Examination under counterbond shall be equal to the value of that property as
Rule 57 is not subject to a preliminary condition but is determined by the court. In either case, the cash deposit or the
anticipatory in nature and may be resorted to even if counterbond shall secure the payment of any judgment that the
the writ of attachment was not returned unsatisfied. attaching party may recover in the action.

WHO MAY BE EXAMINED A notice of the deposit shall forthwith be served on the attaching
a) Any person owing debts to the party whose property is party.
attached or having in his possession or under his
control any credit or ither personal property belonging Upon the discharge of an attachment in accordance with the
to such party (garnishee) provisions of this section, the property attached, or the proceeds
b) Attaching creditor or party of any sale thereof, shall be delivered to the party making the
deposit or giving the counterbond, or to the person appearing
INDEPENDENT ACTION on his behalf, the deposit or counterbond aforesaid standing in
If the garnishee does not admit the indebtedness or he claims place of the property so released.
the property, the controversy must be determined in an
independent action and the court which issued the writ of Should such counterbond for any reason be found to be or
attachment cannot compel the garnishee to appear before it for become insufficient, and the party furnishing the same fail to
examination, as Sec.10 applies only where the garnishee file an additional counterbond, the attaching party may apply for
admits having in his possession property belonging to the a new order of attachment.
defendant. The attaching creditor may resort to modes of
discovery. PROCEDURE FOR DISCHARGE OF A WRIT OF
ATTACHMENT NOT YET ENFORCED
Section 11. When attached property may be sold after levy The party whose property is sought to be attached may prevent
on attachment and before entry of judgment. - Whenever it the attachment, either:
shall be made to appear to the court in which the action is • By depositing with the court from which the writ was
pending, upon hearing with notice to both parties: issued; OR
- that the property attached is PERISHABLE, or • By giving a counterbond executed by the attaching
- that the INTERESTS of all the parties to the action will party, equal to the bond fixed by the court in the order
be SUBSERVED BY THE SALE thereof, of attachment or the value of the property attached,
the court may order such property to be sold at public auction exclusive of costs
in such manner as it may direct, and the proceeds of such sale
to be deposited in court to abide the judgment in the action. PROCEDURE FOR DISCHARGE OF A WRIT OF
ATTACHMENT ALREDY ENFORCED
Ø This is an exception to the GR that the issuance of a The party whose property has been attached or person
writ of attachment is only a provisional remedy, thus no appearing on his behalf may discharge the attachment by:
sale of the property should be made during the a) Filing a motion to discharge the attachment;
pendency of the action. b) Depositing with the court from which the attachment
issued or executing a counterbond in favor of the
REMEDIES OF A PARTY WHEN A WRIT OF ATTACHMENT attaching party equal to the amount fixed by the court
IS ISSUED AGAINST HIM: in the order of attachment, exclusive of costs
c) A notice of the deposit shall forthwith be served on the
1. COUNTERBOND TO PREVENT ENFORCEMENT attaching party
d) The court shall, after due notice and hearing, order the
2. MOTION TO DISCHARGE BY MAKING discharge of the attachment
COUNTERBOND – if the attachment has been
enforced; notice and hearing required EFFECT OF DISCHARGE OF WRIT OF ATTACHMERNT
The deposit or counterbond shall stand in place of the property
3. MOTION TO DISCHARGE on the ground chat the so discharged.
same was improperly or irregularly issued or enforced,
or that the bond is insufficient, or that the attachment is NOTE: Preliminary attachment is not lifted by the execution of
excessive – notice and hearing required a compromise agreement even if approved by the court,
especially where the obligations thereunder have not yet been
Section 12. Discharge of attachment upon giving satisfied.
counterbond. - After a writ of attachment has been
enforced, the party whose property has been attached, or the Section 13. Discharge of attachment on other grounds. -
person appearing on his behalf, may move for the discharge The party whose property has been ordered attached may file a
of the attachment wholly or in part on the security given. motion with the court in which the action is pending, before or
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after levy or even after the release of the attached property, • Property attached is exempt from execution
for an order to set aside or discharge the attachment on the
ground that: Section 14. Proceedings where property claimed by third
- the same was improperly or irregularly issued or person. - If the property attached is claimed by any person other
enforced, or than the party against whom attachment had been issued or his
- that the bond is insufficient. agent, and such person makes an affidavit of his title thereto,
or right to the possession thereof, stating the grounds of such
If the attachment is excessive, the discharge shall be limited to right or title, and serves such affidavit upon the sheriff while
the excess. the latter has possession of the attached property, and a copy
thereof upon the attaching party, the sheriff shall not be
If the motion be made on affidavits on the part of the movant bound to keep the property under attachment, unless the
but not otherwise, the attaching party may oppose the motion by attaching party or his agent, on demand of the sheriff, shall
counter-affidavits or other evidence in addition to that on which file a bond approved by the court to indemnify the third-party
the attachment was made. claimant in a sum not less than the value of the property levied
upon. In case of disagreement as to such value, the same shall
After due notice and hearing, the court shall order the setting be decided by the court issuing the writ of attachment.
aside or the corresponding discharge of the attachment if it
appears that it was improperly or irregularly issued or enforced, No claim for damages for the taking or keeping of the property
or that the bond is insufficient, or that the attachment is may be enforced against the bond unless the action therefor is
excessive, and the defect is not cured forthwith. filed within 120 days from the date of the filing of the bond.

IMPROPER – there was no valid ground for attachment. The sheriff shall not be liable for damages for the taking or
keeping of such property, to any such third-party claimant, if
IRREGULAR – although there was a valid ground for such bond shall be filed.
attachment, the proper procedure was not followed; ex.
attachment was effected (not allowed; mere filing allowed) even Nothing herein contained shall prevent such claimant or any
prior to service of summons. third person from vindicating his claim to the property, or prevent
the attaching party from claiming damages against a third-party
EXCESSIVE – attaching more property than is necessary to claimant who filed a frivolous or plainly spurious claim, in the
secure a favorable judgment same or a separate action.

Damages even if plaintiff wins When the writ of attachment is issued in favor of the Republic of
even if the plaintiff wins, defendant can seek damages if the the Philippines, or any officer duly representing it, the filing of
attachment enforced against him was improper, irregular, or such bond shall not be required, and in case the sheriff is sued
excessive (SEC. 20) for damages as a result of the attachment, he shall be
represented by the Solicitor General, and if held liable therefor,
Ø an attachment may not be dissolved by a showing the actual damages adjudged by the court shall be paid by the
of its irregular or improper issuance if it is upon a National Treasurer out of the funds to be appropriated for the
ground which is at the same time the applicant's purpose.
cause of action in the main case since an anomalous
situation would result if the issues of the main case THIRD-PARTY CLAIM / TERCERIA
would be ventilated and resolved in a mere hearing of - remedy afforded to a third-party with a claim to property
a motion. levied, attached, or seized by virtue of court order,
wherein the third-party makes an affidavit of his title or
Ex. fraud determinative of entitlement to annulment of a right of possession to the property and serves the
contract, filing of a motion to dissolve the writ to show the falsity affidavit upon the court officer and a copy upon the
of the averments in the application and affidavit to which it is party procuring the levy, attachment, or seizure
based (but not when the ground is failure to allege with - available in cases of levy on execution, attachment,
particularity the circumstance amounting to fraud since it is only and replevin
the sufficiency of the affidavit which will be examined) - if denied à not appealable, since the remedy if to file a
separate and independent action
Ø WHILE ORDER MAY BE ISSUED EX PARTE, THUS
NO HEARING ON THE APPLICATION IS Note: a third-party claim may be filed with the sheriff while he
NECESSARY, DISCHARGE OR QUASHAL has possession of the properties levied upon, this being the only
REQUIRES NOTICE AND HEARING time fixed for the purpose

SUMMARY OF GROUNDS FOR DISCHARGE OF PROCEDURE:

PRELIMINARY ATTACHMENT 1. third-party shall make an affidavit showing his title to or
• Debtor posted a counterbond or has made a cash night of possession over the property
deposit 2. he shall serve the affidavit upon the court, officer and a
• Attachment was improperly or irregularly issued copy upon the attaching party.
• Judgement is rendered against the attaching creditor 3. the officer is not bound to keep the property, unless the
• Attachment is excessive and defect is not cured attaching party, on demand of the officer, files a bond
forthwith approved by the court to indemnify the third-party
claimant in a sum not less than the value of the property
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levied. The officer shall not be liable for damages for The sheriff shall forthwith make a return in writing to the court
the taking or keeping of the property to any third-party of his proceedings under this section and furnish the parties
claimant if the indemnity bond is filed. with copies thereof.
4. A claim for damages for the taking or keeping of the
property may be enforced by the third-party against the Section 16. Balance due collected upon an execution;
bond provided he files an action within 120 days from excess delivered to judgment obligor. - If after realizing upon
the filing of the bond. all the property attached, including the proceeds of any debts or
credits collected, and applying the proceeds to the satisfaction
REMEDIES OF 3RD PARTY of the judgment, less the expenses of proceedings upon the
1) Third-party claim or terceria under S14 judgment, any balance shall remain due, the sheriff must
2) Motion to intervene – the third party is so situated as to proceed to collect such balance as upon ordinary
be adversely affected by a distribution or other execution. Whenever the judgment shall have been paid, the
disposition of property in the custody of the court, or of sheriff, upon reasonable demand, must return to the judgment
an officer thereof; S14 “nothing herein contained shall obligor the attached property remaining in his hands, and any
prevent such claimant or any third person from proceeds of the sale of the property attached not applied to the
vindicating his claim to the property in the same or a judgment.
separate action
3) Action to claim damages on the indemnity bond if one Section 17. Recovery upon the counterbond. - When the
is filed judgment has become executory, the surety or sureties on
4) A separate action to recover possession of the property any counter-bond given pursuant to the provisions of this Rule
from the officer or the purchaser at the execution sale. to secure the payment of the judgment shall become charged
on such counter-bond and bound to pay the judgment
ATTACHMENT BOND (SEC. 3) vs BOND TO DEFEAT obligee upon demand the amount due under the judgment,
TERCERIA (SEC. 14) which amount may be recovered from such surety or sureties
Sec. 3 Sec. 4 after notice and summary hearing in the same action.
Refers to the attachment The purpose of the bond is to
bond to assure the return of indemnify the sheriff against Ø No need for execution to be returned unsatisfied in
the defendants property or any claim by the intervenor or order that the surety on the counterbond shall become
the payment of damages to third-party claimant to the charged thereon. It is enough that the judgment against
the defendant if the plaintiff’s property seized or for the party on whom attachment was issued has become
action to recover the damages arising from such executory and that there is notice to the sureties and a
possession of the same seizure, which the sheriff was summary hearing.
property fails in order to making and for which the
protect the person’s right of sheriff was directly Reason: benefit of excussion is not available to a surety
possession of said property, responsible to the third-party.
or to prevent the defendant Section 18. Disposition of money deposited. - Where the
from destroying the same party against whom attachment had been issued has deposited
during the pendency of the money instead of giving counter-bond, it shall be applied under
suit. the direction of the court to the satisfaction of any judgment
rendered in favor of the attaching party, and after satisfying the
Section 15. Satisfaction of judgment out of property judgment the balance shall be refunded to the depositor or
attached; return of sheriff. - If judgment be recovered by the his assignee. If the judgment is in favor of the party against
attaching party and execution issue thereon, the sheriff may whom attachment was issued, the whole sum deposited
cause the judgment to be satisfied out of the property must be refunded to him or his assignee.
attached, if it be sufficient for that purpose in the following
manner: Section 19. Disposition of attached property where
judgment is for party against whom attachment was issued.
(a) By paying to the judgment obligee the proceeds of all - If judgment be rendered against the attaching party, all the
sales of perishable or other property sold in pursuance of the proceeds of sales and money collected or received by the
order of the court, or so much as shall be necessary to satisfy sheriff, under the order of attachment, and all property attached
the judgment; remaining in any such officers hands, shall be delivered to the
party against whom attachment was issued, and the order of
(b) If any balance remains due, by selling so much of the attachment discharged.
property, real or personal, as may be necessary to satisfy
the balance, if enough for that purpose remain in the sheriffs Section 20. Claim for damages on account of improper,
hands, or in those of the clerk of the court; irregular or excessive attachment. - An application for
damages on account of improper, irregular or excessive
(c) By collecting from all persons having in their possession attachment must be filed before the trial or before appeal is
credits belonging to the judgment obligor, or owing debts perfected or before the judgment becomes executory, with
to the latter at the time of the attachment of such credits or due notice to the attaching party and his surety or sureties,
debts, the amount of such credits and debts as determined by setting forth the facts showing his right to damages and the
the court in the action, and stated in the judgment, and paying amount thereof. Such damages may be awarded only after
the proceeds of such collection over to the judgment obligee. proper hearing and shall be included in the judgment on the
main case.
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If the judgment of the appellate court be favorable to the party • Where the damages by reason of the attachment was
against whom the attachment was issued, he must claim sustained by a third person who was not a party to the
damages sustained during the pendency of the appeal by filing action wherein such writ was issued
an application in the appellate court, with notice to the party in
whose favor the attachment was issued or his surety or sureties, Ø Sec. 20 Rule 57 covers application for damages
before the judgment of the appellate court becomes executory. against improper attachment preliminary injunction,
The appellate court may allow the application to be heard and receivership, and replevin.
decided by the trial court.
RECOVERING ON RECOVERING ON
Nothing herein contained shall prevent the party against whom ATTACHMENT BOND COUNTERBOND (S17)
the attachment was issued from recovering in the same action (S20)
the damages awarded to him from any property of the attaching requires notice and hearing allows the notice and
party not exempt from execution should the bond or deposit before the finality of hearing to the surety after
given by the latter be insufficient or fail to fully satisfy the award. judgment in an application the judgment has become
for damages executory
- may be sought from the attaching party or the surety Since it answers for all the Since it secures the payment
which issued the applicant’s bond costs and damages which of any judgment that the
may be adjudged to the attaching party may recover
- damages may be in the form of a counterclaim in the adverse party and which he in the action, the damages
answer or by way of motion may sustain by reason of are liquidated. The final
the attachment, the judgment had already
- procedure in 2nd par. not applicable during the damages are unliquidated. determined the amount to be
pendency of trial; it is only applicable to DAMAGES Thus, a notice and hearing awarded. Thus, there is
SUSTAINED DURING THE PENDENCY OF THE before the finality of nothing left to do but to
APPEAL judgment must be execute the judgment
undertaken to properly against the losing party, or in
- liability NOT LIMITED to amount of the bond; note determine the amount. case of insufficiency, against
however that liability of the surety is limited to the These damages are its sureties.
amount of the bond different from the principal
case, and must be included
NOTE: The procedure outline in this section is the exclusive in the
remedy for claiming damages on account of improper, irregular, judgment.
or excessive judgement. Hence, such claims for damages
cannot be subject of an independent action. Failure to avail
of said procedure would cause forfeiture of the claim for
damages.

REQUISITES
a) That the defendant-claimant has secured a favorable
judgment in the main action, meaning that the plaintiff has no
cause of action and was not, therefore, entitled to a
provisional remedy;
b) That due notice be given to the other party and his surety or
sureties, notice to the principal not being sufficient;
c) That the application for damages, showing claimant's right
thereto and the amount thereof. be filed in the same action
before trial or before appeal is perfected or before the
judgment becomes executory; and
d) That there should be a proper hearing and the award for
damages should be included in the final judgment

NOTE: The fact that the judgment was rendered in favor of the
party whose properly was attached does not mean that the
attachment was improper o irregular for as long as the
attachment was issued in compliance with all the requirements
under the Rule 57. Thus, for a claim for damages to prosper the
claimant must prove non-compliance with the requirements
under Rule 57 to establish that the attachment was improper,
irregular or excessive.

XPN:
• Where the principal case was dismissed for lack of
jurisdiction by the trial court without giving an
opportunity to the party whose properly was attached
to apply for and prove his claim; and
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RULE 58 WHEN ISSUED: at any stage prior to the judgement or final

PRELIMINARY INJUNCTION order

INJUNCTION MAIN ACTION / FINAL PRELIMINARY

A judicial writ, process, or proceeding whereby a party is ordered INJUNCTION INJUNCTION
to do or refrain from doing a certain act. It may be filed as a main One issued in the judgement An order granted at any
action before the trial court or as a provisional remedy in the in the case permanently stage of an action prior to the
main action. restraining the defendant or judgement or final order
making the preliminary therein.
Ø An ORIGINAL ACTION FOR INJUNCTION may only injunction permanent
be filed before the RTC. The RTC has exclusive Action seeking a judgment Cannot exist except only as a
original jurisdiction over complaints for injunction as embodying a final injunction; part or an incident of an
provided in BP129 Sec. 21. Also, since it is incapable forms part of the judgement independent action or
of pecuniary estimation, it falls under the jurisdiction of on the merits and can be proceeding; ancillary to the
the RTC. The judgement therein is immediately properly ordered only on final main action; interlocutory
executory. judgement order
Has a permanent effect Effect is only to preserve the
PRELIMINARY INJUNCTION status quo until the merits
An order granted at any stage of an action, prior to the can be heard
judgement or final order, requiring a party, court, agency, or Final injunction is issued if Issued prior to judgment or
person to perform or refrain from performing a particular act or after the trial, it appears that final order
acts. It may also require the performance of particular act/s, in the applicant is entitled to
which case it shall be known as preliminary mandatory have the act complained of
injunction. permanently enjoined
Remedies: Remedies:
2 KINDS • MR • MR
PROHIBITORY MANDATORY • Appeal • Certiorari under
To prevent a person from the To require a person to Rule 65
performance of a particular perform a particular act
act PROHIBITORY PROHIBITION
The act had not yet been The act has already been INJUNCTION
performed performance and the act has directed against a party in the Directed against a court,
violated the rights of another action; generally against a tribunal, corporation, board,
Status quo is preserved Status quo is restored person not exercising officer or person exercising
judicial, quasi-judicial or judicial or quasi-judicial
STATUS QUO ministerial functions functions
The last actual, peaceable, and uncontested situation which May be the main action itself Always a main action; if filed,
precedes a controversy. It is the situation existing at the time of or just a provisional remedy petitioner may seek
the filing of the case. preliminary injunction for
temporary restraint
Section 1. Preliminary injunction defined; classes. - A Does not involve the Based on the ground that the
preliminary injunction is an order granted at any stage of an jurisdiction of the court court against whom the writ
action or proceeding prior to the judgment or final order, is sought has acted without
requiring a party or a court, agency or a person to refrain from or in excess of jurisdiction
a particular act or acts.
MANDATORY MANDAMUS
It may also require the performance of a particular act or acts,
INJUNCTION
in which case it shall be known as a preliminary mandatory
purpose is to compel a party Seeks to compel the
injunction.
to do a particular act in order performance of a ministerial
PURPOSE: temporary reliefs to preserve the applicant’s right in to restore the last actual duty
esse which is threatened to be violated during the course of a peaceable uncontested
status which preceded the
pending litigation; prevent threatened wrong, further injury, and
pending controversy
irreparable harm or injustice until the rights of the parties can be
settled May be a main action or Always a main action
provisional remedy
- The issuance of a writ of preliminary injunction is Directed to a party litigant, Directed to a tribunal, board,
considered an “extraordinary event” being a “strong not to a tribunal or officer or person to
arm of equity or a transcendent remedy”. Thus the perform a ministerial duty
power to issue the writ should be exercised sparingly required to be performed by
with utmost care, and with great caution and law
deliberation.
STATUS QUO ANTE TRO
ORDER
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an equitable remedy issued by the court motu the filing of the foreclosure proceeding. (Sec. 2, PD
intended to maintain the proprio, there is no 385).
status quo ante, i.e., the last application therefor or the
actual, peaceable, allegations of the pleadings • EXTRAJUDICIAL FORECLOSURE: No TRO or WPI
uncontested state of things do not make out a case for against the extrajudicial foreclosure of REM shall be
which preceded the the issuance of a TRO issued on the allegation that:
controversy - the loan secured has been paid or is not delinquent
No bond required Bond required unless the application is verified and supported by
evidence of payment
NOTE: A STATUS QUO ORDER is not a TRO. It is more in the - the interest on the loan is unconscionable, unless the
nature of a cease-and-desist order, since it neither directs the debtor pays the mortgagee at least 6% per annum
doing or undoing of acts as in the case of prohibitory or interest on the principal obligation as stated in the
mandatory injunctive relief. It has no specified duration and does application for foreclosure sale, which shall be updated
not specifically direct the performance of an act. It lasts until it is monthly while the case is pending. (A.M. No. 99-10-05-
revoked. Its duration may even be subject to agreement of the 0; BSP Circular No. 799, S. of 2013)
parties. No bond is required for its issuance. A status quo ante
order is merely intended to maintain the last, actual, peaceable • CONSERVATORSHIP, RECEIVERSHIP, AND
and uncontested state of things which preceded the controversy. LIQUIDATION PROCEEDINGS UNDER THE NCBA:
It is resorted to when the projected proceedings in the case The actions of the Monetary Board shall not be
made the conservation of the status quo desirable or essential, restrained except on petition for certiorari on the ground
but the affected party neither sought such relief nor did the that the action taken was in excess of jurisdiction or with
allegations in his pleading sufficiently make out a case for a such GAD as to amount to lack of or excess of
TRO. jurisdiction. The petition for certiorari may only be filed
by the stockholders of record representing majority of
WHEN TRO/WPI NOT ALLOWED: the capital stock within 10 days from receipt by the BOD
of the institution of the order directing conservatorship,
• COLLECTION OF TAXES: No court shall have the receivership, or liquidation.
authority to enjoin the collection of any tax, fee, or
charge imposed under the NIRC. (R.A. 8424) • SEC: No court below the CA shall have jurisdiction to
issue a restraining order, preliminary injunction, or
• LABOR DISPUTE: A court cannot issue a preliminary mandatory injunction in any case, dispute,
temporary/permanent injunction in cases growing out of or controversy that directly or indirectly interferes with
a labor dispute. (Art. 254, LC) the exercise of the powers, duties and responsibilities of
the SEC that falls exclusively within its jurisdiction. (Sec.
• GOV’T. INFRASTRUCTURE PROJECTS: No court, 179, Revised Corporation Code).
except the SC may issue a TRO, preliminary injunction,
or preliminary mandatory injunction against the OMBUDSMAN
implementation or completion of government RA6770, SEC. 14. No writ of injunction shall be issued by any
infrastructure projects (RA 8975) court to delay an investigation being conducted by the
- only to the issuance of a TRO/WPI, not to the filing of Ombudsman under this Act, unless there is a prima facie
an action seeking the issuance of a final injunction evidence that the subject matter of the investigation is outside
- applies only in national government projects the jurisdiction of the Office of the Ombudsman.
- prohibition extends only to administrative acts in
controversies involving facts or the exercise of Ø UNCONSTITUTIONAL: takes away the court’s power
discretion in technical cases. Questions of law divest to issue a TRO and/or WPI; these issuances, which
the case from the protective mantle of PD 1818 are, by nature, provisional reliefs and auxiliary writs
created under the ROC, are matters of procedure
• ASSET PRIVATIZATION TRUST: Proclamation No. 50- which belong exclusively within the province of SC.
A 1986
Ø Note: RTC has no power to issue TRO/WPI since the
• AGRARIAN REFORM: No court shall issue any Ombudsman is co-equal to it
restraining order or preliminary injunction against the
Presidential Agrarian Reform Council or any of its duly Section 2. Who may grant preliminary injunction. - A
authorized or designated agencies in any case arising preliminary injunction may be granted by the court where the
from, necessary to, or in connection with the application, action or proceeding is pending. If the action or proceeding is
implementation, enforcement, or interpretation of the pending in the CA or in the SC, it may be issued by said court
CARL and other pertinent laws on agrarian reform (Sec. or any member thereof.
55, CARL)
WHO MAY GRANT WPI
• FORECLOSURE BY GOVERNMENT FINANCIAL • SC in its original and appellate jurisdiction
INSTITUTION: No restraining order or preliminary • Sandiganbayan
injunction can be issued against a government financial • CA whether or not in aid of its appellate jurisdiction
institution in connection with the foreclosure of any • CTA
collateral unless 20% of the arrears have been paid after
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• Trial court in cases pending before it within its territorial

jurisdiction d) No other ordinary, speedy, and adequate remedy
exists to prevent the infliction of irreparable injury
LIMITATIONS OF RTC’S POWER TO ISSUE WPI
• It could not issue said writ against SEC, Bureau of QUANTUM OF PROOF REQUIRED
Patents, Trademarks and Technology Transfer, or the Mere prima facie evidence is needed to establish the applicant’s
COMELEC rights or interests in the subject matter of the main action. It is
• Could restrain acts being or about to be committed not required that the applicant should conclusively show that
within its judicial region there was a violation of his rights as this issue will still be fully
• Could not issue said writ in ULP litigated in the main case. Applicant is required only to show that
• Could not interfere by injunction with the judgement of a he has an ostensible right to the final relief prayed for in its
court of concurrent or coordinate jurisdiction complaint.

WHERE ENFORCEABLE Section 4. Verified application and bond for preliminary

• RTC → may be enforced within the judicial region to injunction or temporary restraining order. - A preliminary
which the RTC belongs injunction or temporary restraining order may be granted only
• SC & CA → may be served and enforced anywhere in when:
the Philippines.
(a) The application in the action or proceeding is verified, and
• MTC → may be enforced outside of its territorial
shows facts entitling the applicant to the relief demanded; and
jurisdiction but within the judicial region to which it
belongs
(b) Unless exempted by the court, the applicant files with the
o There is no need of a certification by a RTC
court where the action or proceeding is pending, a bond
judge for the enforcement of a writ of
executed to the party or person enjoined, in an amount to be
preliminary injunction outside of the MTC's
fixed by the court, to the effect that the applicant will pay to such
territorial jurisdiction.
party or person all damages which he may sustain by reason of
the injunction or temporary restraining order if the court should
Section 3. Grounds for issuance of preliminary injunction. -
finally decide that the applicant was not entitled thereto. Upon
A preliminary injunction may be granted when it is established:
approval of the requisite bond, a writ of preliminary injunction
shall be issued.
(a) That the applicant is entitled to the relief demanded, and
the whole or part of such relief consists in restraining the
(c) When an application for a WPI/TRO is included in a complaint
commission or continuance of the act or acts complained of,
or any initiatory pleading, the case, if filed in a multiple-sala
or in requiring the performance of an act or acts, either for a
court, shall be raffled only after notice to and in the presence
limited period or perpetually;
of the adverse party or the person to be enjoined. In any event,
such notice shall be preceded, or contemporaneously
(b) That the commission, continuance or non-performance of the
accompanied, by service of summons, together with a copy of
act or acts complained of during the litigation would probably
the complaint or initiatory pleading and the applicants affidavit
work injustice to the applicant; or
and bond, upon the adverse party in the Philippines.
(c) That a party, court, agency or a person is doing, threatening,
However, where the summons could not be served personally
or is attempting to do, or is procuring or suffering to be done,
or by substituted service despite diligent efforts, or the adverse
some act or acts probably in violation of the rights of the
party is a resident of the Philippines temporarily absent
applicant respecting the subject of the action or proceeding, and
therefrom or is a nonresident thereof, the requirement of prior or
tending to render the judgment ineffectual.
contemporaneous service of summons shall not apply.
REQUISITES FOR ISSUANCE OF WPI
(d) The application for a TRO shall thereafter be acted upon
a) Applicant must have a clear and unmistakable right,
only after all parties are heard in a summary hearing which
that is a right in esse
shall be conducted within 24 hours after the sheriffs return of
service and/or the records are received by the branch selected
Clear legal right – a right clearly founded in or granted
by raffle and to which the records shall be transmitted
by law
immediately.
.
b) There is a material and substantial invasion of such
REQUIREMENTS:
right
• VERIFIED APPLICATION: application in the action or
c) There is an urgent need for the writ to prevent proceeding is verified, and shows facts entitling the
irreparable injury to the applicant applicant to the relief demanded; filed before the court
where the action or proceeding is pending
Irreparable injury - of such constant and frequent - Absence of verification → insufficiency in both form and
recurrence that no fair or reasonable redress can be substance
had therefore in court of law or where there is no
standard by which their amount can be measured with • NOTICE BEFORE RAFFLE: When an application is
reasonable accuracy that is, it is not susceptible of included in a complaint or any initiatory pleading, the
mathematical computation case, if filed in a multiple-sala court, shall be raffled
only after notice to and in the presence of the adverse
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party or the person to be enjoined. In any event, such order said party or person to show cause, at a specified time
notice shall be preceded, or contemporaneously and place, why the injunction should not be granted, determine
accompanied, by service of summons, together with a within the same period whether or not the preliminary
copy of the complaint and the applicant's affidavit and injunction shall be granted, and accordingly issue the
bond, upon the adverse party in the Philippines. corresponding order.
(Summons +CAB). However, where the summons could
not be served, the requirement shall not apply. However, and subject to the provisions of the preceding
sections, if the matter is of extreme urgency and the applicant
• SUMMARY HEARING: The application for a TRO shall will suffer grave injustice and irreparable injury, the
thereafter be acted upon only after all the parties are executive judge of a multiple-sala court or the presiding judge of
heard in a summary hearing which shall be conducted a single-sala court may issue ex parte a TRO effective for only
within 24 hours after the sheriff’s return of service and/or 72 hours from issuance but he shall immediately comply with
the records are received by the branch selected by raffle the provisions of the next preceding section as to service of
and to which the records shall be transmitted summons and the documents to be served therewith.
immediately (24 hours NOT after raffle, but AFTER THE Thereafter, within the aforesaid 72 hours, the judge before
RECORDS ARE TRANSMITTED) whom the case is pending shall conduct a summary hearing to
- There will also be hearing for the issuance of a WPI determine whether the TRO shall be extended until the
- No hearing is required to deny a WPI application for preliminary injunction can be heard. In no
case shall the total period of effectivity of the temporary
XPN: EX PARTE ISSUANCE restraining order exceed 20 days, including the original 72 hours
1. 20-day TRO – if it shall appear from the facts shown by provided herein.
affidavits or by the verified application that great or
irreparable injury would result to the applicant before the
matter can be heard on notice. TRO effective from service In the event that the application for preliminary injunction
thereof. During the 20-day effectivity of the TRO, a hearing is denied or not resolved within the said period, the TRO is
on the WPI shall be conducted for the court to determine deemed automatically vacated. The effectivity of a TRO is not
whether it shall issue the same. extendible without need of any judicial declaration to that effect
2. 72-hour TRO – if the matter is of extreme urgency and the
and no court shall have authority to extend or renew the same
applicant will suffer grave injustice and irreparable injury. It on the same ground for which it was issued.
shall be effective from issuance, subject to compliance with
the service of summons and documents. During the 72-hour However, if issued by the CA or a member thereof, the TRO
TRO, a summary hearing will be conducted to determine shall be effective for 60 days from service on the party or
whether the TRO shall be extended to a period not
exceeding 20 days, inclusive of the 72 hours.
person sought to be enjoined. A restraining order issued by the
SC or a member thereof shall be effective until further orders.
If the application for WPI is not resolved within the effectivity period of the
TRO, the TRO is deemed automatically vacated The trial court, the CA, the SB or the CTA that issued a writ of
preliminary injunction against a lower court, board, officer, or
• BOND: If the application is granted, unless exempted by quasi-judicial agency shall decide the main case or petition
the court, the applicant files with the court where the within 6 months from the issuance of the writ.
action or proceeding is pending, a bond executed to
the party or person enjoined, in an amount to be fixed WPI TRO
by the court, to the effect that the applicant will pay to No definite date of effectivity RTC: does not exceed 20
such party or person damages which he may sustain by but if the WPI is issued by the days including first 72 hours
reason of the injunction or TRO if the court should finally RTC, CA, SB, or CTA against
decide that the applicant was not entitled thereto. Upon a lower court, board, officer, CA: 60 days
approval of the requisite bond, a writ of preliminary or quasi-judicial agency, the
injunction shall be issued. former shall decide the main SC: indefinite until further
case or petition within 6 orders
Exemption from injunction bond – ex. Citizen suit under months from the issuance of
Section 41 of the Clean Air Act of 1999: the court shall exempt, the writ.
upon a prima facie showing of the non-enforcement or violation Restrains or requires the Maintains the status quo
complained of, the plaintiff from filing an injunction bond for the performance of particular
issuance of a preliminary injunction. acts
Cannot be granted without May be granted ex parte if
Section 5. Preliminary injunction not granted without notice and hearing the matter is of extreme
notice; exception. - No preliminary injunction shall be granted urgency and the applicant
without hearing and prior notice to the party or person sought will suffer grave injustice or
to be enjoined. irreparable injury
If it shall appear from facts shown by affidavits or by the verified
application that great or irreparable injury would result to the
EX PARTE TRO:
applicant before the matter can be heard on notice, the court to
which the application for preliminary injunction was made, may
• GREAT IRREPARABLE INJURY – If it shall appear
issue a TRO to be effective only for a period of 20 days from
from facts shown by affidavits or by the verified
service on the party or person sought to be enjoined, except as
application that great or irreparable injury would result
herein provided. Within the said 20-day period, the court must
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to the applicant before the matter can be heard on notice If it appears that the extent of the preliminary injunction or
à 20 days from service on the party or person sought restraining order granted is too great, it may be modified.
to be enjoined
GROUNDS TO PREVENT/DISSOLVE:
• EXTREME URGENCY, GRAVE INJUSTICE, • INSUFFICIENCY of the application
IRREPARABLE INJURY – if the matter is of extreme
urgency and the applicant will suffer grave injustice and • OTHER GROUNDS upon affidavits of the party or
irreparable injury à 72 hours from issuance. person enjoined, which may be opposed by the
Thereafter, within 72 hours, the judge shall conduct a applicant also by affidavits – ex. where the applicant's
summary hearing to determine whether the TRO shall bond is insufficient or defective.
be extended until the application for preliminary
injunction can be heard. In no case shall the total period • RULE OF RELATIVE OR COMPARATIVE
of effectivity of the TRO exceed 20 days, including the INCONVENIENCE/DAMAGE – injunction or restraining
original 72 hours provided herein. order may be denied or dissolved, if it appears after
hearing that although the applicant is entitled, the
PERIOD OF EFFECTIVITY: issuance or continuance thereof would cause
• Issued by executive / presiding judge in extreme irreparable damage to the party or person enjoined
urgency – 72 hours while the applicant can be fully compensated for such
damages as he may suffer, and the former files a bond
• Issued by trial court – 20 days which include the 72 in an amount fixed by the court conditioned that he will
hours of the TRO issued by the executive / presiding pay all damages which the applicant may suffer by the
judge if one had been issued denial or the dissolution of the injunction or restraining
order.
• Issued by CA or member thereof – 60 days from
service on the party or person to be enjoined - Denial of application or order of dissolution cannot be
implemented until and unless the required
• Issued by the SC or a member – until further orders counterbond has been posted.
- If the bond of the defendant (counterbond) is found to
- Effectivity is inclusive of non-working day; it is excluded be insufficient in amount or the surety thereon fails to
only where the last day falls on such thus the TRO will justify and a bond sufficient in amount with sufficient
be effective on the next succeeding working day sureties approved after justification is not filed,
injunction shall be granted or restored.
- NON-EXTENDIBLE: however, a TRO may be
renewed or extended on aground different from the • DISMISSAL OF MAIN CASE -- A WPI is immediately
one on which it was first issued. S5 provides that “the deemed dissolved or lifted upon the dismissal of the
effectivity of a temporary restraining order is not main case, even if such dismissal is appealed.
extendible without need of any judicial declaration to
that effect and no court shall have authority to extend Section 7. Service of copies of bonds; effect of disapproval
or renew the same on the same ground for which it was of same. - The party filing a bond in accordance with the
issued.” provisions of this Rule shall forthwith serve a copy of such
bond on the other party, who may except to the sufficiency of
- Status quo ante order may not be used to extend the bond, or of the surety or sureties thereon.
effectivity of TRO
If the applicants bond is found to be insufficient in amount, or
Section 6. Grounds for objection to, or for motion of if the surety or sureties thereon fail to justify, and a bond
dissolution of, injunction or restraining order. - The sufficient in amount with sufficient sureties approved after
application for injunction or restraining order may be denied, justification is not filed forthwith, the injunction shall be
upon a showing of its insufficiency. The injunction or dissolved.
restraining order may also be denied, or, if granted, may be
dissolved, on other grounds upon affidavits of the party or If the bond of the adverse party is found to be insufficient in
person enjoined, which may be opposed by the applicant also amount, or the surety or sureties thereon fail to justify a bond
by affidavits. sufficient in amount with sufficient sureties approved after
justification is not filed forthwith, the injunction shall be
It may further be denied, or, if granted, may be dissolved, if it granted or restored, as the case may be.
appears after hearing that although the applicant is entitled to
the injunction or restraining order, the issuance or continuance Section 8. Judgment to include damages against party and
thereof, as the case may be, would cause irreparable sureties. - At the trial, the amount of damages to be awarded to
damage to the party or person enjoined while the applicant either party, upon the bond of the adverse party, shall be
can be fully compensated for such damages as he may suffer, claimed, ascertained, and awarded under the same procedure
and the former files a bond in an amount fixed by the court prescribed in section 20 of Rule 57.
conditioned that he will pay all damages which the applicant may - there should be an application for damages filed with
suffer by the denial or the dissolution of the injunction or due notice to adverse party and his surety, and the
restraining order. damages shall only be awarded after proper hearing
and shall be included in the judgment on the main case.
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Section 9. When final injunction granted. - If after the trial of

the action it appears that the applicant is entitled to have the
act or acts complained of permanently enjoined, the court shall
grant a final injunction perpetually restraining the party or
person enjoined from the commission or continuance of the act
or acts or confirming the preliminary mandatory injunction.

Ø It does not necessarily proceed that when a WPI is

issued, a final junction will follow.
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RULE 59 A representative of the court appointed for the purpose of

RECEIVERSHIP preserving and conserving the property in litigation and prevent
its possible destruction or dissipation if it were left in the
- a provisional or ancillary remedy wherein the court possession of any of the parties. The receiver is not the
appoints a receiver to receive and preserve the representative of any of the parties but of all of them to the end
property or fund in litigation pendente lite, when it does that their interests may be equally protected with the least
not seem reasonable to the court that either party possible inconvenience and expense.
should hold it
- an extraordinary remedy of an ancillary character; chief A receiver is not an agent or representative of any party to the
reason for its allowance being to husband the property action, but an officer of the court. He is a real party in interest;
in litigation for the benefit of person who may ultimately however, he cannot file a case without the consent of the court.
be found entitled thereto He is an officer of the court exercising his functions in the interest
- receivership, like injunction, may be the principal of neither the plaintiff not defendant, but for the common benefit
action itself or just an ancillary remedy. of all the parties in interest. He performs his duties subject to the
Receivership as a principal action may only be filed control of the court.
with the RTC because it is an action incapable of
pecuniary estimation. Ø GR: neither party to a litigation should be appointed
receiver without the other’s consent because a receiver
Section 1. Appointment of receiver. - Upon a verified ought to be an indifferent person between the parties
application, one or more receivers of the property subject of the and should be impartial and disinterested.
action or proceeding may be appointed by the court where the
action is pending, or by the Court of Appeals or by the Ø A receiver may be appointed only over property which
Supreme Court, or a member thereof, in the following cases: is the subject of the action or proceeding. Where the
action is merely to obtain a money judgment on unpaid
(a) When it appears from the verified application, and such other credits, the appointment of a receiver on the debtor’s
proof as the court may require, that the party applying for the property is improper.
appointment of a receiver has an interest in the property or fund
which is the subject of the action or proceeding, and that such Ø On execution, the court may appoint a receiver of the
property or fund is in danger of being lost, removed, or property of the judgment obligor, especially where the
materially injured unless a receiver be appointed to administer defendant has been disposing of or concealing his
and preserve it; property to avoid its application to the satisfaction of the
judgment.
(b) When it appears in an action by the mortgagee for the
foreclosure of a mortgage that the property is in danger of Ø Extrajudicial foreclosure – not the one contemplated in
being wasted or dissipated or materially injured, and that (b) as action by the mortgagee; but a stipulation
its value is probably insufficient to discharge the mortgage allowing the mortgagee to take possession of the
debt, or that the parties have so stipulated in the contract of property upon foreclosure is valid
mortgage;
- refers to action for foreclosure of real property because REQUISITES FOR APPOINMENT OF RECEIVER
chattel mortgages are only subject to extrajudicial a. Verified application filed by the party requesting for the
foreclosure appointment of a receiver
b. Proof of grounds specified in Sec 1 Rule 59
(c) After judgment, to preserve the property during the c. Application must be with notice and must be set for
pendency of an appeal, or to dispose of it according to the hearing. A hearing is necessary because the grounds
judgment, or to aid execution when the execution has been for a receivership require the resolution of factual
returned unsatisfied or the judgment obligor refuses to apply issues.
his property in satisfaction of the judgment, or otherwise to carry d. Before appointing a receiver, the court shall require the
the judgment into effect; applicant to post a bond executed to the party against
whom the application is presented, in an amount to be
(d) Whenever in other cases it appears that the appointment of fixed by the court.
a receiver is the most convenient and feasible means of e. Before entering upon his duties, the receiver must be
preserving, administering, or disposing of the property in sworn to perform his duties faithfully and shall file a
litigation. bond, executed to such person and in such sum as the
court may direct.
During the pendency of an appeal, the appellate court may
allow an application for the appointment of a receiver to be filed Application on appeal:
in and decided by the court of origin and the receiver - Must be filed with the appellate court, but it may order
appointed to be subject to the control of said court. court of origin to decide
- Trial court still has residual jurisdiction upon perfection
OTHER GROUND: FC – if a spouse without just cause of appeal being for the protection and preservation of
abandons the other or fails to comply with his or her obligations rights, until the record has been transmitted
to the family, the aggrieved spouse may petition the court for
receivership of the community or conjugal property. APPLICANT’S BOND
Section 2. Bond on appointment of receiver. - Before
RECEIVER issuing the order appointing a receiver the court shall
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require the applicant to file a bond executed to the party - to collect debts due to himself as receiver or to the fund,
against whom the application is presented, in an amount to be property, estate, person, or corporation of which he is
fixed by the court, to the effect that the applicant will pay such the receiver;
party all damages he may sustain by reason of the appointment - to compound for and compromise the same;
of such receiver in case the applicant shall have procured such - to make transfers;
appointment without sufficient cause; and the court may, in its - to pay outstanding debts;
discretion, at any time after the appointment, require an - to divide the money and other property that shall
additional bond as further security for such damages. remain among the persons legally entitled to receive
the same; and
COUNTERBOND - generally to do such acts respecting the property as the
Section 3. Denial of application or discharge of receiver. - court may authorize.
The application may be denied, or the receiver discharged,
when the adverse party files a bond executed to the applicant, However, funds in the hands of a receiver may be invested only
in an amount to be fixed by the court, to the effect that such party by order of the court upon the written consent of all the
will pay the applicant all damages he may suffer by reason of parties to the action.
the acts, omissions, or other matters specified in the application
as ground for such appointment. No action may be filed by or against a receiver without leave
of the court which appointed him.
The receiver may also be discharged if it is shown that his
appointment was obtained without sufficient cause. Ø A receiver cannot enter into a contract without the
approval of the court
INSTANCES WHEN RECEIVERSHIP MAY BE DENIED OR
LIFTED: Section 7. Liability for refusal or neglect to deliver property
a. If the appointment sought or granted is without to receiver. - A person who refuses or neglects, upon
sufficient cause reasonable demand, to deliver to the receiver all the property,
b. Adverse party files a counterbond money, books, deeds, notes, bills, documents and papers within
c. Insufficient applicant’s bond his power or control, subject of or involved in the action or
d. Insufficient receiver’s bond proceeding, or in case of disagreement, as determined and
ordered by the court, may be punished for contempt and shall
RECEIVER’S BOND be liable to the receiver for the money or the value of the
Section 4. Oath and bond of receiver. - Before entering upon property and other things so refused or neglected to be
his duties, the receiver shall be sworn to perform them surrendered, together with all damages that may have been
faithfully, and shall file a bond, executed to such person and in sustained by the party or parties entitled thereto as a
such sum as the court may direct, to the effect that he will consequence of such refusal or neglect.
faithfully discharge his duties in the action or proceeding and
obey the orders of the court. Section 8. Termination of receivership; compensation of
receiver. - Whenever the court, motu proprio or on motion of
Section 5. Service of copies of bonds; effect of disapproval either party, shall determine that the necessity for a receiver
of same. - The person filing a bond in accordance with the no longer exists, it shall, after due notice to all interested
provisions of this Rule shall forthwith serve a copy thereof on parties and hearing, settle the accounts of the receiver, direct
each interested party, who may except to its sufficiency or of the delivery of the funds and other property in his possession to
the surety or sureties thereon. the person adjudged to be entitled to receive them, and order
the discharge of the receiver from further duty as such.
If either the applicant’s or the receiver’s bond is found to be
insufficient in amount, or If the surety or sureties thereon fail to The court shall allow the receiver such reasonable
justify, and a bond sufficient in amount with sufficient sureties compensation as the circumstances of the case warrant, to be
approved after justification is not filed forthwith, the application taxed as costs against the defeated party, or apportioned, as
shall be denied or the receiver discharged, as the case may justice requires.
be.
Section 9. Judgment to include recovery against sureties. -
If bond of the adverse party is found to be insufficient in amount The amount, if any, to be awarded to any party upon any bond
or the surety or sureties thereon fail to justify, and a bond filed in accordance with the provisions of this Rule, shall be
sufficient in amount with sufficient sureties approved after claimed, ascertained, and granted under the same procedure
justification is not filed forthwith, the receiver shall be prescribed in section 20 of Rule 57.
appointed or re-appointed, as the case may be.
- Damages for the procurement of the appointment of a
POWERS receiver without sufficient cause, are to be ascertained
Section 6. General powers of receiver. - Subject to the control and decreed in the action wherein the receiver is
of the court in which the action or proceeding is pending, a appointed, and final judgement having been rendered
receiver shall have the power: in that action, the question of damages on this ground
- to bring and defend, in such capacity, actions in his is res judicata.
own name;
- to take and keep possession of the property in
controversy;
- to receive rents;
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RULE 60 considered as personal (ex: entering into a Chattel Mortgage

REPLEVIN involving real property). After agreeing to such stipulation, they
are estopped from claiming otherwise.
- Both a principal remedy and provisional relief; it may
refer either to the action itself, i.e., to regain the Section 1. Application. - A party praying for the recovery of
possession of personal chattels being wrongfully possession of personal property may, at the commencement
detained from the plaintiff by another; or to the of the action or at any time before answer, apply for an order
provisional remedy that would allow the plaintiff to for the delivery of such property to him, in the manner hereinafter
retain the thing during the pendency of the action to provided.
hold it pendente lite.
Ø Note: in chattel mortgage, PPSA now provides for
PROVISIONAL REMEDY PRINCIPAL REMEDY expedited repossession of collateral
The party praying for the Recovery of personal
recovery of possession of property wrongfully detained REQUIREMENTS
personal property may apply by the defendant Section 2. Affidavit and bond. - The applicant must show by
for an order for the delivery to his own affidavit or that of some other person who
him of such property personally knows the facts:
wrongfully detained by the
adverse party (a) That the applicant is the owner of the property claimed,
particularly describing it, or is entitled to the possession
Seeks for the recovery of May be filed before the MTC thereof;
possession of a personal or RTC depending on the
property prior to the value of the personal (b) That the property is wrongfully detained by the adverse
determination of the main property involved. party, alleging the cause of detention thereof according to the
action for the recovery best of his knowledge, information, and belief;
thereof
(c) That the property has not been distrained or taken for a
NATURE OF REPLEVIN AS A PROVISIONAL REMEDY: tax assessment or a fine pursuant to law, or seized under a
Possessory action; the applicant who seeks the immediate writ of execution or preliminary attachment, or otherwise placed
possession of the property need not be the holder of the legal under custodia legis, or if so seized, that it is exempt from such
title to the property. It is sufficient that at the time he applied seizure or custody; and
for a writ of replevin, he is found to be entitled to a possession
thereof. The plaintiff need not be the owner as long as he is able (d) The actual market value of the property.
to specify his right to the possession of the property and his legal
basis therefor. The applicant must also give a bond, executed to the adverse
party in double the value of the property as stated in the
REPLEVIN ATTACHMENT affidavit aforementioned, for the return of the property to the
Only to personal property Both real and personal adverse party if such return be adjudged, and for the payment
To give to the plaintiff To have the property put in to the adverse party of such sum as he may recover from the
custody of personal property custody of the court to secure applicant in the action.
during the pendency of the satisfaction of judgement
action that may be rendered in favor Ø Prior demand is not a condition precedent to an action
of the plaintiff at some future for a writ of replevin
time
may be availed of to recover presupposes that the PROCESS
personal property even if not property has been 1. The applicant files an application containing affidavit and
being concealed, removed or concealed, removed, or the bond.
disposed of disposed of to prevent its 2. Upon the approval of the applicant's bond, the court shall
being found or taken by the issue the order and the writ of replevin.
applicant 3. Upon receipt of the order of replevin, the sheriff must
serve a copy thereof on the adverse party together with
personal property is Not delivered but merely
delivered to the applicant attached a copy of the application, affidavit, and bond and must
forthwith take the property and retain it in his custody.
Cannot be availed of when Can be availed of even when
4. The adverse party may at any time before the delivery of
property is in custodia legis property is in custodia legis
the property to the applicant, require the return of the
May be made at the At the commencement or at
property by filing a redelivery bond executed to the
commencement of the action any time before entry of
applicant in double the value of the property as stated in
or any time before answer judgment
the applicant's affidavit.
Bond is double the value of Bond is fixed by the court 5. If within 5 days after the taking of the sheriff, the adverse
the property partly does not object to the sufficiency of the bond: or if
the adverse party objects and the court affirms its
REAL PROPERTY AS SUBJECT OF REPLEVIN approval of the applicant's bond or approves a new bond,
As an exception, a real property may be the subject of a writ of or if the redelivery bond is objected to and found
replevin if it was treated as personal property in a contract. insufficient and the adverse party does not forthwith file
Contracting parties may validly stipulate that a real property be
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an approved bond, the property shall be delivered to the - if the adverse party requires the return of the
applicant. property but his bond is objected to and found
6. If for any reason the property is not delivered to the insufficient and he does not forthwith file an approved
applicant, the sheriff must return it to the adverse party. bond,
the property shall be delivered to the applicant.
Section 3. Order. - Upon the filing of such affidavit and approval
of the bond, the court shall issue an order and the If for any reason the property is not delivered to the applicant,
corresponding writ of replevin describing the personal the sheriff must return it to the adverse party.
property alleged to be wrongfully detained and requiring the
sheriff forthwith to take such property into his custody. REMEDIES OF DEFENDANT
a. Object to the sufficiency of applicant’s bond or of the
Section 4. Duty of the sheriff. - Upon receiving such order, the surety therein
sheriff must serve a copy thereof on the adverse party, b. File a bond and serve a copy of such to the applicant,
together with a copy of the application, affidavit and bond, at any time before the delivery of the property to the
and must forthwith take the property, if it be in the possession applicant
of the adverse party, or his agent, and retain it in his custody.
WHEN PROPERTY WILL BE RETURNED TO THE
If the property or any part thereof be concealed in a building or DEFENDANT
enclosure, the sheriff must demand its delivery, and if it be not a. Court adjudges that plaintiff’s bond is insufficient or
delivered, he must cause the building or enclosure to be defective and it not replaced with a proper bond
broken open and take the property into his possession. b. Redelivery / counterbond is posted by the defendant
c. Property is not delivered to the plaintiff for any reason
After the sheriff has taken possession of the property as herein
provided, he must keep it in a secure place and shall be WHEN PROPERTY WILL BE DELIVERED TO APPLICANT
responsible for its delivery to the party entitled thereto upon a. Defendant does not object to the sufficiency of bond or
receiving his fees and necessary expenses for taking and does not post a bond
keeping the same. b. Defendant objects but the court affirms the approval of
applicant’s bond or approves a new bond
Ø A writ of replevin may be served anywhere in the c. Defendant posts a bond but defendant’s bond is
Philippines. The jurisdiction of a court to hear and objected to and found to insufficient and defendant
decide a case should not be confused with its power to does not file an approved bond
issue writs and processes pursuant to and in the
exercise of said jurisdiction. Section 7. Proceedings where property claimed by third
person. - If the property taken is claimed by any person other
REDELIVERY BOND than the party against whom the writ of replevin had been issued
Section 5. Return of property. - If the adverse party objects to or his agent, and such person makes an affidavit of his title
the sufficiency of the applicants bond, or of the surety or sureties thereto, or right to the possession thereof, stating the
thereon, he cannot immediately require the return of the grounds therefor, and serves such affidavit upon the sheriff
property, but if he does not so object, he may, at any time while the latter has possession of the property and a copy
before the delivery of the property to the applicant, require thereof upon the applicant, the sheriff shall not be bound to
the return thereof, by filing with the court where the action is keep the property under replevin or deliver it to the
pending a bond executed to the applicant, in double the value applicant unless the applicant or his agent, on demand of said
of the property as stated in the applicants affidavit for the sheriff, shall file a bond approved by the court to indemnify the
delivery thereof to the applicant, if such delivery be adjudged, third-party claimant in a sum not less than the value of the
and for the payment of such sum to him as may be recovered property under replevin as provided in section 2 hereof. In case
against the adverse party, and by serving a copy of such bond of disagreement as to such value, the court shall determine the
on the applicant. same. No claim for damages for the taking or keeping of the
property may be enforced against the bond unless the action
Ø Questions involving title to should be determined therefor is filed within 120 days from the date of the filing of the
during the trial proper; remedy of defendant is post a bond.
counterbond or question the sufficiency of the
applicant’s bond The sheriff shall not be liable for damages, for the taking or
keeping of such property, to any such third-party claimant if such
Ø Dismissal of the main action of replevin means that the bond shall be filed. Nothing herein contained shall prevent such
ancillary writ of replevin becomes functus officio and claimant or any third person from vindicating his claim to the
without force property, or prevent the applicant from claiming damages
against a third-party claimant who filed a frivolous or plainly
Section 6. Disposition of property by sheriff. - If within 5 spurious claim, in the same or a separate action.
days after the taking of the property by the sheriff
- the adverse party does not object to the sufficiency of When the writ of replevin is issued in favor of the Republic of the
the bond, or of the surety or sureties thereon; or Philippines, or any officer duly representing it, the filing of such
- if the adverse party so objects and the court affirms bond shall not be required, and in case the sheriff is sued for
its approval of the applicants bond or approves a new damages as a result of the replevin, he shall be represented by
bond, or the Solicitor General, and if held liable therefor, the actual
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damages adjudged by the court shall be paid by the National

Treasurer out of the funds to be appropriated for the purpose.

Ø Similar as in third-party claims in execution and

attachment

Section 8. Return of papers. - The sheriff must file the order,

with his proceedings indorsed thereon, with the court within
10 days after taking the property mentioned therein.

Section 9. Judgment. - After trial of the issues, the court shall

determine who has the right of possession to and the value
of the property and shall render judgment in the alternative
for the delivery thereof to the party entitled to the same, or for
its value in case delivery cannot be made, and also for such
damages as either party may prove, with costs.

Section 10. Judgment to include recovery against sureties.

- The amount, if any, to be awarded to any party upon any bond
filed in accordance with the provisions of this Rule, shall be
claimed, ascertained, and granted under the same procedure as
prescribed in section 20 of Rule 57.

FORFEITURE OF REPLEVIN BOND, REQUISITES:

1. Judgment on the merits in the defendant’s favor
2. An application by the defendant for damages

Ø Application must be filed before action becomes final

and executory
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RULE 61 for hearing not more 3 days thereafter. The facts in issue shall
SUPPORT PENDENTE LITE be proved in the same manner as is provided for evidence on
motions.
- Amount of support provisionally fixed by the court in
favor of the person/s entitled thereto during the Section 4. Order. - The court shall determine provisionally the
pendency of an action pertinent facts, and shall render such orders as justice and
- Support pendent lite is interlocutory thus, it may be equity may require, having due regard to the probable outcome
modified at any stage of the proceedings. The amount of the case and such other circumstances as may aid in the
fixed in the order is only provisional. It is not final in proper resolution of the question involved. If the application is
character and can be modified depending on the granted, the court shall fix the amount of money to be
changing conditions affecting the ability of the obligor provisionally paid or such other forms of support as should
to pay the amount fixed for support. be provided, taking into account the necessities of the applicant
and the resources or means of the adverse party, and the terms
ACTIONS WHERE IT MAY BE APPLIED FOR: of payment or mode for providing the support. If the application
1. Actions for support is denied, the principal case shall be tried and decided as
2. Actions where one of the reliefs sought is support for the early as possible.
applicant
3. In criminal actions where the civil liability includes FACTORS TO CONSIDER IN DETERMINING AMOUNT OF
support for the offspring as a consequence of the crime PROVISIONAL SUPPORT
and the civil aspect thereof has not been waived, • Financial resources of the custodial and non-custodial
reserved or instituted prior to its filing. parent and those of the child
• Physical and emotional health of the child and his/her
WHAT COURTS MAY GRANT: special needs and aptitudes
• CIVIL CASES – Family Court • Standard of living the child has been accustomed to
• Non-monetary contributions that the parents will make
• CRIMINAL CASES – RTC or MTC where the civil action is toward the care and well-being of the child
instituted with the criminal action and where the civil liability
includes support for the offspring as a consequence of the Section 5. Enforcement of order. - If the adverse party fails to
crime. comply with an order granting support pendente lite, the court
shall, motu proprio or upon motion, issue an order of
• CA – in an appealed case execution against him, without prejudice to his liability for
contempt.
Ø Support as a principal action may only be filed before
the Family Court When the person ordered to give support pendente lite refuses
or fails to do so, any third person who furnished that support to
Ø An order granting support pende lite is interlocutory the applicant may, after due notice and hearing in the same
and is unappealable case, obtain a writ of execution to enforce his right of
reimbursement against the person ordered to provide such
Section 1. Application. - At the commencement of the proper support.
action or proceeding, or at any time prior to the judgment or
final order, a verified application for support pendente lite may Ø The person ordered to provide support pendente lite
be filed by any party stating the grounds for the claim and the who fails to provide financial support or deliberately
financial conditions of both parties, and accompanied by provides insufficient financial support may also be
affidavits, depositions or other authentic documents in support prosecuted for economic abuse under RA 9262.
thereof.
Section 6. Support in criminal cases. - In criminal actions
Ø No bond is required where the civil liability includes support for the offspring as a
consequence of the crime and the civil aspect thereof has not
COOLING OFF PERIOD been waived, reserved or instituted prior to its filing, the
Despite the cooling off period (6 months) in legal separation accused may be ordered to provide support pendente lite to the
cases, the court may act on other incidents of the case, not child born to the offended party allegedly because of the crime.
relevant to the grounds for legal separation, such as the support
pendente lite which may be availed of at the commencement of The application therefor may be filed successively by the
the proper action or proceeding, or at any time prior to the offended party, her parents, grandparents or guardian and the
judgment or final order State in the corresponding criminal case during its pendency, in
accordance with the procedure established under this Rule.
Section 2. Comment. - A copy of the application and all
supporting documents shall be served upon the adverse party, Section 7. Restitution. - When the judgment or final order of
who shall have 5 days to comment thereon unless a different the court finds that the person who has been providing support
period is fixed by the court upon his motion. The comment shall pendente lite is not liable therefor, it shall order the recipient
be verified and shall be accompanied by affidavits, depositions thereof to return to the former the amounts already paid
or other authentic documents in support thereof. with legal interest from the dates of actual payment, without
prejudice to the right of the recipient to obtain
Section 3. Hearing. - After the comment is filed, or after the reimbursement in a separate action from the person legally
expiration of the period for its filing, the application shall be set
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obliged to give the support. Should the recipient fail to authorized in writing by the Anti-Terrorism Council to
reimburse said amounts, the person who provided the same cause such inspection and examination
may likewise seek reimbursement thereof in a separate
action from the person legally obliged to give such support. • Seizure, sequestration, and freezing of bank and
financial institution accounts and assets of terrorists,
SUMMARY OF PROCEDURE: terrorist organizations, and suspected terrorists
- Party files verified application for support pendente lite pursuant to Section 39.
- A copy of the application and all supporting documents - If belonging to: a) any person suspected of or charged
shall be served on the adverse party, who shall have 5 before a competent RTC for the crime of terrorism or
days to comment thereon the crime of conspiracy to commit terrorism; or b) a
- After the filing of the comment or the expiration of the judicially declared and outlawed organization,
time therefore, the application shall be set for hearing association, or group of persons; or c) a member of
not more than 3 days thereafter. such organization, association, or group of persons
- The court shall make a provisional determination of the - Rationale: to prevent their use, transfer, or
facts and may grant the application. If granted, the conveyance for purposes that are inimical to the safety
court issue an order and security of the people or injurious to the interest of
granting support and shall fix the amount or such other forms of the State
support as should be provided, taking Into account the - XPN: accused may withdraw such sums and use any
necessities of the applicant and the resources or means of the of his property under seizure when: a) reasonably
adverse party, and the terms of payment or mode for providing needed by the monthly needs of his family, including
support. services of his counsel and his family’s medical needs,
- If denied, the principal case shall be tried and decided upon court approval; and/or b) because of his
as early as possible. indictment as a terrorist, upon permission of the court
- If the adverse party fails to comply with the order for ay legitimate reason
granting support, the court shall, motu proprio or upon
motion, issue an order of execution against him, • Restriction on the right to travel of a person charged
without prejudice to his liability for contempt. Any third with terrorism or conspiracy to commit terrorism
person who furnished support to the applicant may, pursuant to Section 26
after notice and hearing in the same case, obtain a writ - The court upon application by the prosecutor, shall
of execution to enforce his right of reimbursement. limit the right to travel of the accused to within the
municipality or city where he resides or where the case
PROVISIONAL REMEDIES UNDER SPECIAL LAW AND is pending when: a) evidence of guilt is not strong; and
RULES b) person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to and
FAMILY CASES, A.M. NO. 02-11-12-SC granted bail.
In cases of violence among immediate family members living in
the same domicile or household, the Family Court may issue a NOTE: The Human Security Act has been repealed by the Anti-
restraining order against the accused or defendant upon Terrorism Act, which only allows the following provisional
verified application by the complainant or the victim for relief remedies:
from abuse. - Preliminary order of proscription
- Restriction to right of travel
The court may order the temporary custody of children in all - Authority to freeze
civil actions for their custody. The court may also order support - Judicial authorization for surveillance of suspects and
pendente lite, including deduction from the salary and use of interception and recording of communications
conjugal home and other properties in al civil actions for support.
VAWC
Provisional orders available: - BPO and temporary protection order under Section 8
- Spousal support - Support pendente lite including deduction from the
- Child support salary and use of conjugal home and other properties
- Child custody in al civil actions for support.
- Visitation rights
- HDO Ø A protection order is an order issued for the purpose
- Order of protection of preventing further acts of violence against a woman
- Administartion of common property and her child; safeguarding the victim from further
harm, minimizing any disruption in the victim's daily life,
HUMAN SECURITY ACT and facilitating the opportunity and ability of the victim
• Inspection and examination of bank and financial to independently regain control over her life. The
institution accounts of terrorists, terrorist organizations, provisions of the protection order shall be enforced by
and suspected terrorists pursuant to Sections 27 to law enforcement agencies.
31.
- The justices of the CA, designated as a special court to AMLA
handle anti-terrorism cases, after satisfying The Anti-Money Laundering Council may issue a freeze order.
themselves of the existence of probable cause, may Upon a verified ex parte petition by the AMLC and after
authorize in writing, any police or law enforcement determination that probable cause exists that any monetary
officer and the members of his/her team duly instrument or property is in any way related to an unlawful
 CIVIL PROCEDURE
SAN BEDA MENDIOLA 3S ’22-23 | KDG | RBV

activity as defined in Sectior 3(i) of the AMLA, the CA may issue • There is a valid ground for the lifting of the order; and
a freeze order which shall be effective immediately, for a o That based on the complaint-affidavit and the
period of 20 days. evidence that he or she will present:
§ There is doubt that probable cause
FRIA exist to issue PHDO; or
1. STAY OR SUSPENSION ORDER. An order issued in § That he or she is not a flight risk
conjunction with the commencement order that shall o That the prosecutor, after preliminary
suspend all actions or proceedings, in court or investigation, dismissed the criminal
otherwise, for the enforcement of claims against the complaint for lack of probable cause
debtor • He or she posts a bond

2. RECEIVERSHIP. The court shall appoint a rehabilitation Ø The lifting of the PHDO is without prejudice to the
receiver pursuant to the FRIA with the principal duty of resolution of the preliminary investigation against the
preserving and maximizing the value of the assets of the respondent.
debtor, determining the viability of the debtor's
rehabilitation, preparing and recommending a Ø Respondent may ask the issuing court to allow him or
rehabilitation plan, and implementing the same. her to leave the country upon posting of a bond in an
amount to be determined by the court subject to the
PRECAUTIONARY HDO conditions set forth in the Order granting the temporary
an order in writing issued by a court commanding the Bureau lifting of the PHDO.
of Immigration to prevent any attempt by a person suspected
of a crime to depart from the Philippines, which shall be issued
ex parte in cases:
- involving crimes where the minimum of the penalty
prescribed by law is at least 6 years and 1 day or
- when the offender is a foreigner regardless of the
imposable penalty

WHERE FILED: may be filed by a prosecutor with

- GR: any RTC within whose territorial jurisdiction the
alleged crime was committed
- XPN:
1. for compelling reasons, any RTC within the
judicial region where the crime was committed if
the place of the commission of the crime is known
2. RTCs in the City of Manila, Quezon City, Cebu
City, Iloilo City, Davao City, and Cagayan de Oro
City have the authority to act on applications filed
by the prosecutor based on complaints instituted
by the NBI regardless where the alleged crime
was committed

Upon motion by the complainant in a criminal complaint filed

before the office of the city or provincial prosecutor, and upon a
preliminary determination of probable cause based on the
complaint and attachments, the investigating prosecutor may file
an application in the name of the People of the PH for a PHDO
with the proper RTC

GROUNDS:
A PHDO shall not issue except upon determination by the
judge, in whose court the application is filed, that probable
cause exists, and there is a high probability that respondent
will depart from the Philippines to evade arrest and
prosecution of crime against him or her. The judge shall
personally examine under oath or affirmation, in the form of
searching questions and answers in writing, the applicant and
the witnesses he or she may produce on facts personally known
to them and attaching to the record their sworn statements.

VALIDITY OF PHDO: valid until lifted by the issuing court

TEMPORARY LIFTING OF THE PHDO

The respondent may file a verified motion before the issuing
court for temporary lifting of the PHDO, provided: