CIVIL PROCEDURE o Corporate Rehabilitation Law

o Dangerous Drugs Act

JURISDICTION- power and authority of the court to hear, try and decide a case o Insolvency Law
Determined by the material ALLEGATIONS of the complaint, irrespective of
CIVIL COURT CRIMINAL COURT whether the plaintiff is entitled to some or all of the claims asserted
Those which determine Those which adjudicate offenses therein
controversies between private alleged to have been committed o Only when the court reads the complaint can it determine
persons against the state
whether it can proceed with trying the case
SUPERIOR COURT INFERIOR COURT
o As a rule, the court need not look beyond the allegations of the
One with the controlling authority One which is subordinate to another
over other courts, with an original court, the judgment of which may complaint. The nature of the cause of action and consequently
jurisdiction of its own be reviewed by a higher tribunal the jurisdiction of the court cannot be made to depend on the
GENERAL JURISDICTION SPECIAL JURISDICTION defenses set up in the answer or pleadings filed by the
Those with competence to decide on Only for a particular purpose, or defendant.
their own jurisdiction and to take clothed with special powers for the JURISDICTION OVER THE PARTIES
cognizance of ALL cases, civil and performance of specified duties PLAINTIFF: acquired by his filing of the complaint or petition
criminal of a particular nature beyond which they have no
DEFENDANT:
authority of any kind.
a) valid service of summons
Also if it can exercise jurisdiction
over cases not falling within the b) voluntary submission in court
jurisdiction of any court, tribunal, o filing an answer
person, or body exercising judicial o seeking relief
or quasi-judicial powers. o filing a motion
ORIGINAL JURISDICTION APPELLATE JURISDICTION gen. Rule: appearance in whatever form without expressly
Actions or proceedings are originally Has the power to review over the objecting to the jurisdiction of the court over the person, is a
filed with it decisions or orders of a lower court
submission to the jurisdiction to the court
ORIGINAL EXCLUSIVE CONCURRENT
Jurisdiction to take Jurisdiction possessed Also called
cognizance of a case to the exclusion of “coordinate” EFFECT OF ESTOPPEL ON OBJECTIONS TO JURISDICTION
at its inception, try it others jurisdiction, the power jurisdiction over the subject matter be raised at any stage of the proceedings
and pass judgment of different courts to since it is conferred by law
upon the law and take cognizance of the BUT: a party may be barred from raising in the ground of estoppels: TIJAM v.
facts same subject matter SIBONGHANOY
PRIMARY CONTINUING o SC barred a belated objection to jurisdiction that was raised ONLY after an
Courts will not resolve a controversy Once a court has acquired adverse decision was rendered by the court against the that party who
involving a question which is within jurisdiction, it continues until it already sought affirmative relief from the court and after participating in all
the jurisdiction of an administrative finally disposes of that case
stages of the proceedings = based on public policy
tribunal, especially if it needs the Jurisdiction is not affected by a
sound administrative discretion new law placing a proceeding Note: ruling is an exception objection was raised almost 15 years
requiring the special knowledge, under the jurisdiction of another after the questioned ruling was rendered
experience and services of the admin tribunal except when otherwise
tribunal provided in the statute or if the CIVIL MTC RTC
statute is clearly intended to apply CASES
to actions pending even before its Exclusive 1. Actions involving personal 1. Action incapable of
enactment original property pecuniary estimation
2. Demand for money 2. Title to or possession
JURISDICTION OVER THE SUBJECT MATTER MTC- all Exclusive of interest, of real party or any interest
Power to deal with the general subject involved in the action cases must damages of whatever kind, therein (ASSESSED VALUE-
If the Court has NO jurisdiction: it will not remand, it will dismiss, not exceed attorney’s fees, litigation based on tax declaration)
300k expenses, and 3. Admiralty and
Conferred by LAW (nothing in the Rules of Court confers to courts)
outside MM, costs(IDALEC), the amount maritime cases
o RA 7691 amending BP129 400k in MM of which must be specifically 4. Matters of probate
o Election Law EXCEPT ALLEGED (testate & intestate) where

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actions “Damages of whatever kind” gross value of the estate territorial jurisdiction EXCEPT
involving is not included if damages 5. All actions involving decisions of lower courts in the
title to or are merely incidental to the the contract of marriage and exercise of delegated
possession main action family relations jurisdiction
of real 3. Probate proceedings (testate or 6. Cases not within the CIVIL SC CA
property intestate) with the GROSS exclusive jurisdiction of any CASES
(not to VALUE of the estate court, tribunal, person or Exclusive Petitions for certiorari, Actions for annulment of
exceed 20k 4. Actions involving title to or body exercising judicial or original prohibition or mandamus judgment of the RTC
outside MM, possession of real property or quasi-judicial functions against: CA, COMELEC, COA &
50k in MM) any interest therein 7. Civil actions and special SB
5. Inclusion and exclusion of proceedings falling within the Concurrent With CA: With SC
RTC- all voters exclusive original jurisdiction a) Petitions for certiorari, a) Petitions for certiorari,
exceeding 6. Admiralty and maritime cases of the Juvenile and Domestic Still subject prohibition or mandamus prohibition or mandamus
300k 7. Those covered by Rules on Relations Court & the Court of to hierarchy against RTC, habeas corpus, against RTC, habeas corpus,
outside MM, Summary Procedure Agrarian Reform as now of courts quo warranto quo warranto
400k in MM a) forcible entry & unlawful provided by law b) Petitions for certiorari, b) Petitions for certiorari,
EXCEPT detainer (issue of ownership 8. All other cases where demand prohibition or mandamus prohibition or mandamus
actions only to determine the issue EXCLUSIVE of IDALEC or the against the NLRC against the NLRC
involving of possession) value of the property exceeds With CA, SB & RTC: With SC, SB & RTC
title to or b) Small claims NOT exceeding 300k outside MM, 400k MM a) Petitions for issuance of writ of a) Petitions for issuance of writ
possession 100k 9. Intra-corporate disputes amparo of amparo
of real c) other civil cases EXCEPT b) Petitions for habeas data b) Petitions for habeas data
property probate proceedings, total where the action involves where the action involves
(exceeds amount does not exceed public data or gov’t office public data or gov’t office
20k outside 100k in MM, 200k in MM, c) Petitions for certiorari, c) Petitions for certiorari,
MM, 50k in exclusive of interests and prohibition or mandamus prohibition or mandamus
MM) costs. against inferior courts and against inferior courts and
other bodies other bodies
Concurrent With RTC – none With SC – actions affecting d) Petitions for habeas corpus and d) Petitions for habeas corpus
ambassadors, public ministers, quo warranto and quo warranto
and consuls With RTC – actions against
With SC, CA & SB – issuance of ambassadors, other public
writs of certiorari, prohibition, ministers & consuls
mandamus, habeas corpus, quo Appellate Review, revise, reverse, modify EXCLUSIVE APPELLATE
warranto, injunction against (perfected or affirm on appeal or certiorari jurisdiction over all final
lower courts upon receipt the ff: judgments, decisions,
With MTC, etc. – none of notice of a)All cases in which the resolutions, orders or awards of
Delegated May be assigned by the SC to Appeal) constitutionality or validity of RTC & quasi-judicial agencies
hear cadastral or land any treaty, int’l executive EXCEPT those falling within the
registration cases where there is agreement, law, presidential appellate jurisdiction of the SC
no controversy over the land OR decree, proclamation, order, in accordance with the Consti.
in case of contested lands, value instruction, ordinance, or
does not exceed 100k regulation is in question
Special Petition for habeas corpus SC may designate certain b)All cases involving the legality
branches of RTC to try of any tax, impost,
exclusively juvenile and assessment, or toll, or any
domestic relations cases, penalty imposed in relation
agrarian cases, urban land thereto
reform cases not falling w/in the c) All cases in which the
jurisdiction of any quasi-judicial jurisdiction of any lower court
body & other special cases in is in ssue
the interest of justice d)All criminal cases in which the
Appellate All cases decided by lower penalty imposed is reclusion
courts in their respective perpetua or higher

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 e) All cases in which only an error
or question of law is involved
DOCKET AND FILING FEES
not simply the filing of the complaint or appropriate initiatory pleading but the
payment of the prescribed docket fee that vests a trial court with jurisdiction over
the subject matter
NOTE: who determines the amount of Filing Fees? The Clerk of Court (Ex-
Officio Sheriff) who is under the control of the Executive Judge who will
conduct the raffling of the case.
FILING FEES- Equivalent to 1% of the aggregate amount of claim and damages
prayed for.
The court requires that all complaints, petitions, answers and similar pleadings
must specify the amount of damages being prayed for both in the body and in
the prayer of the pleading and said damages will be considered in the assessment
of the filing fees. Otherwise, the pleading will not be accepted for filing or shall be
expunged from the record. Any defect resulting in the underpayment cannot be
cured by amendment.
NOTE: If the main cause of action is for DAMAGES, the basis of the claim
would be the amount of damages sought. (SC A.C. 09-94 no. 2)
Also required to pay for APPEALS – but delay in the payment confers upon the
court a discretionary and not a mandatory power to dismiss an appeal
Take note of the 2 scenarios presented in this case:
a. Complaint or similar pleading sets out a claim purely for money and
damages and there is no statement of the amounts being claimed. In this
event, the rule is that the pleading may be dismissed or the claims as to
which amounts are unspecified may be expunged, although as aforestated
the court may, on motion permit amendment of complaint and payment of
fees provided that the claim has not in the meantime prescribed.
b. Where the pleading does specify the amount of every claim for the
payment of the prescribed fees, or the balance thereof and upon such
payment, the defect is cured and the court may properly take cognizance
of the action unless
MANCHESTER DEVELOPMENT V. CA
-in this case, counsel filed original complaint omitting any specification of amount of
damages in prayer although the amount is alleged in the body of the complaint. This
is clearly intended for no other purpose than to evade payment of correct filing fees
and mislead docket clerk in assessing said fees.
-When court had taken coginizance of the anomaly and ordered an investigation,
petitioner through another counsel filed an amended complaint deleting all mention
of the amount of damages being asked for in the body of the complaint. Design to
avoid payment of docket fee is obvious
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-Docketing fee should be assessed by considering amount of damages as alleged in
original complaint.
-All complaints, petitions, answers and other similar pleadings should specify the
amount of damages being prayed for not only in the body of the pleading but also in
the prayer, and said damages shall be considered in the assessment of he filing fees
in any case. Any pleading that fails to comply with this requirement shall not be
accepted nor admitted or shall otherwise be expunged from the record
-Any amendment of complaint or similar pleading will not thereby vest jurisdiction in
the Court, much less the payment of the docket fee based on amounts sought in the
amended pleading
NOTE: If case is dismissed for faiure to pay filing fees, can you refile? Yes.
SUN INSURANCE V. ASUNCION
*Mr. Suspenders said that we should remember the rules laid down in sun
insurance:
1. It is not simply the filing of the complaint or appropriate initiatory pleading, but
the payment of the prescribed docket fee, that vests a trial court with jurisdiction
over the subject matter or nature of the action. Where the filing of the initiatory
pleading is not accompanied by payment of the docket fee, the court may allow
payment of the fee within a reasonable time but in no case beyond the applicable
prescriptive or reglamentary period.
NOTE: Prescriptive Period- period within which to enforce your right.
Applies only for purposes or original actions or complaints. (actual
practice: on the date of filing)
Reglementary Period- Period within which you are tasked to respond/act.
(i.e. appeals)
2. The same rule applies to permissive counterclaims, third party claims and
similar pleadings, which shall not be considered filed until and unless the filing fee
prescribed therefore is paid. The court may also allow payment of said fee within a
reasonable time but also in no case beyond its applicable prescriptive or
reglementary period.
NOTE: see Korean Technologies case re. Compulsory Counterclaims
(Riano, p.338)
3. Where the trial court acquires jurisdiction over a claim by the filing of the
appropriate pleading and payment of the prescribed filing fee 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 therefor 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 comparison with the case of Manchester, in this case, the defendants were
willing to pay the required docket fees and they had no intention to defraud the
court
-it is NOT simply the filing of the complaint or appropriate initiatory pleading, but
the payment of the prescribed docket fees that vests a trial court with jurisdiction
over the subject matter or nature of the action
PROTON PILIPINAS v. BANQUE NACIONAL DE PARIS
Even if the proper docket fees were not paid, the court should not dismiss the case
and in fact acquired jurisdiction. Though Manchester led to dismissal when the
docket fees were not properly paid, said ruling was superseded by Sun Insurance
which differentiated with one paying the docket fees for a fraudulent purpose and
one with simple error. In Sun Insurance, even if there was underpayment, the party
was willing to pay to docket fees as contrary to Manchester where there fraud
involved. Though acquisition of jurisdiction is not only based on the filing of a
complaint but also on the payment of the proper docket fees. Failure to pay does
not divest jurisdiction so long as it is paid subsequently during the reglementary
period. As long as there was no intention to defraud as was in the Manchester case
raised by petitioners, the case will not be dismissed even if there is error in the
payment of the fees as there was proper acquisition of jurisdiction.
FAR EAST BANK v. SHEMBERG
The test for determining whether the subject matter of an action is incapable of
pecuniary estimation, thus: Ascertain the nature of the principal action or remedy
sought. If the action is primarily for recovery of a sum of money, the claim is
considered capable of pecuniary estimation. Whether the trial court has jurisdiction
would depend upon the amount of the claim. However, where the basic issue is
something other than the right to recover a sum of money, where the money claim
is only incidental or a consequence of the principal relief sought, the action is
incapable of pecuniary estimation. An action questioning the validity of a mortgage
is one incapable of pecuniary estimation.
MIJARES v. RANADA
Note: This case was about the petitioners seeking to enforce a foreign judgment
granted to them awarding them P2.25Billion in damages against the Marcoses.
Among the actions the Court has recognized as being incapable of pecuniary
estimation include legality of conveyances and money deposits, validity of a
mortgage, the right to support, validity of documents, rescission of contracts,
specific performance, and validity or annulment of judgments.
The complaint to enforce the US District Court judgment is one capable of pecuniary
estimation. But at the same time, it is also an action based on judgment against an
estate, thus placing it beyond the ambit of Section 7(a) of Rule 141. What provision
then governs the proper computation of the filing fees over the instant complaint?
For this case and other similarly situated instances, we find that it is covered by
Section 7(b)(3), involving as it does, "other actions not involving property."
Notably, the amount paid as docket fees by the petitioners on the premise that it
was an action incapable of pecuniary estimation corresponds to the same amount
required for "other actions not involving property." The petitioners thus paid the
correct amount of filing fees, and it was a grave abuse of discretion for respondent
judge to have applied instead a clearly inapplicable rule and dismissed the
complaint.
(See also Sec. 19, BP Blg. 129 Jurisdiction in civil cases. — Regional Trial Courts
shall exercise exclusive original jurisdiction:
xxx
(6) In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction or any court, tribunal, person or body
exercising judicial or quasi-judicial functions; )
RIVERA v. DEL ROSARIO (not in the case outline but Sir mentioned to take note
of it)
Petitioners contend that jurisdiction was not validly acquired because the filing fees
respondents paid was only P1,554.45 when the relief sought was reconveyance of
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land that was worth P2,141,622.50 under the Kasunduan. They contend that
respondents should have paid filing fees amounting to P12,183.70. In support of
their argument, petitioners invoke the doctrine in Sun Insurance. But respondents
countered that they had paid the right amount because it was based on the
computation of the clerk of court and the latter did not make any notice of demand
or reassessment. They also argued that the alleged underpayment cannot be raised
on appeal.
We rule in favor of respondents. Jurisdiction was validly acquired over the
complaint. In Sun Insurance this Court ruled that the filing of the complaint or
appropriate initiatory pleading and the payment of the prescribed docket fee vest a
trial court with jurisdiction over the subject matter or nature of the action. If the
amount of docket fees paid is insufficient considering the amount of the claim, the
clerk of court of the lower court involved or his duly authorized deputy has the
responsibility of making a deficiency assessment. The party filing the case will be
required to pay the deficiency, but jurisdiction is not automatically lost.
Here it is beyond dispute that respondents paid the full amount of docket fees as
assessed by the Clerk of Court of the Regional Trial Court of Malolos, Bulacan,
Branch 17, where they filed the complaint. If petitioners believed that the
assessment was incorrect, they should have questioned it before the trial court.
Instead, petitioners belatedly question the alleged underpayment of docket fees
through this petition, attempting to support their position with the opinion and
certification of the Clerk of Court of another judicial region. Needless to state, such
certification has no bearing on the instant case.
GOCHAN v. GOCHAN
In order to resolve the issue whether respondents paid the correct amount of docket
fees, it is necessary to determine the true nature of the complaint. The caption of
the complaint was denominated for “specific performance and damages” but the
relief sought was the conveyance or transfer of real property which is a real action,
the basis for determining the correct docket fees shall be the assessed value of the
property.
DE LEON ET. AL. v. CA, et al.
Test whether an action is one the subject matter is incapable of pecuniary
estimation:
1) Ascertain the nature of the principal action or remedy sought if primarily for the
recovery of a sum of money = CAPABLE! MTC: not exceeding P300k; RTC:
exceeding P300K
2) If the basic issue is something other than the right to recover a sum of money, or
where the money claim is purely incidental to, or a consequence of, the principal
relief sought = cannot be estimated in terms of money
RULE 1- GENERAL PROVISIONS
SEC1: Title of the Rules These Rules shall be known and cited as the Rules of Court.
-Revised Rules of Civil Procedure were approved by the Supreme Court thru Bar
Matter No.803, to take effect on July 1, 1997.
-No retroactive effect.
SEC2: In what courts applicable These Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court.
GEN. RULE: applicable in all courts
EXCEPT: if provided by the SC
SEC3: Cases governed These Rules shall govern the procedure to be observed in
actions, civil or criminal, and special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the
rules for ordinary civil actions, subject to the specific rules prescribed for a
special civil action.
(b) A criminal action is one by which the State prosecutes a person for an act
or omission punishable by law.
(c) A special proceeding is a remedy by which a party seeks to establish a
status, a right, or a particular fact.
-RofC shall govern procedure to be observed in actions:
a. CIVIL: one by which a party sues another for the enforcement of a right or the
prevention or redress of a wrong.
:may be Ordinary Civil Action [have breach, must have a cause of action,
governed by ordinary rules] or,
Special Civil Action [governed by ordinary rules BUT subject to Specific
Rules (R62-71) meaning, the Specific Rules generally apply, and the rules
on Ordinary Civil Action only apply suppletorily]
b. CRIMINAL: state prosecutes a person for an act or omission punishable by law
c. SPECIAL PROCEEDING: a remedy by which a party seeks to establish a status, a
right or a particular fact. (eg. adoption)
SEC4: In what cases not applicable . These Rules shall not apply to election cases,
land registration, cadastral, naturalization and insolvency proceedings, and other
cases not herein provided for, except by analogy or in a suppletory character and
whenever practicable and convenient.
ELCIN -Election, Land Registration, Cadastral, Insolvency and Naturalization and
other cases not provided herein
EXCEPT: by analogy or in a suppletory character and whenever practicable and
convenient
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SEC5: Commencement of an Action A civil action is commenced by the filing of the
original complaint in court. If an additional defendant is impleaded in a later
pleading, the action is commenced with regard to him on the date of the filing of
such later pleading, irrespective of whether the motion for its admission, if
necessary, is denied by the court.
1. FILING OF ORIGINAL COMPLAINT in court.
-commenced from the date of filing and docketing of complaint
-if additional defendant is impleaded later on, the action is deemed to commenced
with regard to him on the date of the filing of the later pleading
-action may also be commenced by filing thru registered mail. Date of mailing is
Date of filing.
2. PAYMENT OF DOCKET FEES (see discussion on Docket and Filing Fees)
-vests a court with jurisdiction over the subject matter of the action
-amount of damages to be paid for should be specified both in the body and the
prayer
-payment of filing fees for purpose of appeals-> to perfect appeal
SEC6: Construction These Rules shall be liberally construed in order to promote
their objective of securing a just, speedy and inexpensive disposition of every action
and proceeding.
GEN. RULE: Liberal construction to promote objective of securing just, speedy and
inexpensive disposition of every action and proceeding.
NOTE: application of liberal construction is entirely discretionary upon
the Court and will be decided on a case to case basis.
EXCEPT: reglementary periods, rules on forum shopping and service of summons
(RFS)
-Rules which would warrant suspension of rules: (FCUMS)
a. Existence of special or compelling circumstances
b. Merits of the case
c. Cause not entirely attributable to the fault or negligence of a
party favoured by the suspension of rules
d. Lack of any showing that the review sought is merely frivolous and dilatory
e. Other party will not be unjustly prejudiced (Sarmiento v Zaratan)
BENGUET ELECTRIC V. CA
-Beneceo contends that exemplary damages should not be awarded as the amount
claimed was not specified in the body nor in the prayer of the complaint
-Amount of exemplary damages need not be pleaded in the complaint because the
same cannot be predetermined. one can merely ask that it be fixed by the court as
evidence may warrant and be awarded at its own discretion
-Exemplary damages need not be proved because its determination is contingent
upon or incidental to the amount of compensatory damages that may be awarded to
the complaint
-The amount of docket fees to be paid should be computed on the basis of the
amount of damages stated in complaint. where subsequently however the judgment
awarded a claim not specified in the pleading or if specified, the same was left for
the determination of the cour, an additional filing fee therefor may be assessed and
considered to constitute a lien on the judgment.
ORDINARY CIVIL ACTIONS determined only from the allegations of be resolved only on the basis of
the pleading and not from evidentiary evidence = shown that there is no right
RULE 2- CAUSE OF ACTION matters. to the relief sought.
Allegations in the complaint, when taken
together, do not completely spell out the
Sec.1 Ordinary civil actions, basis of. Every ordinary civil action must be based on a elements of a particular cause of action
cause of action.
Test of the sufficiency of the statement of a cause of action: W/N admitting the facts
= must always have a BREACH alleged, the court could render a valid verdict in accordance with the prayer of the
GEN RULE: special civil action (Rule 62-71) does not require a cause of action complaint.
Except: ejectment and contempt
How to state a cause of action:
Sec.2 Cause of action, defined. A cause of action is the act or omission by which a Only the ULTIMATE FACTS: essential facts of the claim; a fact is essential if it
party violates a right of another. cannot be stricken out without leaving the statement of the cause of action
insufficient
Act or omission by which a party violates the rights of another Must be stated in a plain, concise, methodical and logical form
Should not contain false, sham, redundant, immaterial, impertinent or scandalous
Elements:
matters may be stricken out upon motion by party w/in 20 days after the
a) Existence of a LEGAL RIGHT of the plaintiff service of the pleading upon him or upon the court’s own initiative at any time
b) CORRELATIVE OBLIGATION of the defendant to respect plaintiff’s right
c) An act or omission of the defendant in VIOLATION of the plaintiff’s legal right STA CLARA HOMEOWNERS ASSOCIATION v. GASTON (Centeno v. Centeno
Court should only consider the allegations of the complaint and there is no need mentioned the same doctrine)
to require the presentation of evidence = must appear ON THE FACE of the The test if the sufficiency of the allegations constituting the cause of action is
whether, admitting the facts alleged, the court can render a valid judgment on the
complaint
prayers.
Designation or caption is NOT controlling, it is the ALLEGATIONS in the body that A complaint states a cause of action when it contains the 3 essential elements: (1)
define and describe the legal right of the plaintiff, (2) the correlative obligation of the defendant, and (3)
the act or omission of the defendant in violation of said legal right.
Breach of 1) Existence of a contract In the instant case, the records sufficiently establish a cause of action. First, the
contract 2) Breach of the contract Complaint allaged that, under the Consti, respondents had a right of free access to
Promissory Filing the action before the due date of the obligation is premature and from their residential aode. Second, under the law, petitioners have the
note bec the obligation is one with a period. obligation to respect this right. Third, such right was impaired by petitioners when
Unlawful Cause of action does not accrue unless there is a demand to vacate private respondents were refused access through the Sta. Clara subdivision, unless
detainer and it is not complied with. they showed their driver’s license for identification. SC held that on the basis of the
But: if accompanied with an expiration of a lease period, notice & allegations, it sufficiently alleges a cause of action.
demand are not required
If: predicated on the defendant’s failure to pay the rentals, demand CITYTRUST BANKING CORP v. VILLANUEVA
should be “PAY AND VACATE) Villanueva was asking for the award of moral damages. Unfortunately, he failed to
Forcible entry 1) Plaintiff must first allege prior physical possession of the land or fully support his claim for moral damages bec the alleged embarrassment or
building inconvenience caused to him as a result of the incident was timely and adequately
2) Also assert that he was deprived of possession of the property corrected. There is no need to deliberate on whether it was the Bank’s or
either by force, intimidation or threat, strategy or stealth Villanueva’s negligence which was the proximate cause of Villanueva’s injury bec, in
3) Action must be filed w/in 1 yr from the time he learned of his the first place, he did not sustain any compensable injury
deprivation of physical possession of the property
Sec.3 One suit for a single cause of action A party may not institute more than one
Failure to state a cause of action suit for a single cause of action.
Complaint may be dismissed if the complaint or the pleading states no cause of
action Sec.4 Splitting a single cause of action; effect of. If 2 or more suits are instituted
Cause of action must be unmistakably be alleged on the basis of the same cause of action, the filing of one or a judgment upon the
Defect or insufficiency = failure to state a cause of action = dismissed merits in any one is available as a ground for the dismissal of the others.

NO CAUSE OF ACTION LACK OF A CAUSE OF ACTION

Raised in a motion to dismiss before a Raised in a demurrer to evidence after
responsive pleading is filed and can be the plaintiff has rested his case and can

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 Splitting a cause of action: pleader divides a single cause of action, claim or
demand into 2 or more parts, brings a suit for 1 of such parts with the intent to
reserve the rest for another separate action
NOT ALLOWED bec: it breeds multiplicity of suits, clogs the court dockets, leads
to vexatious litigation, operates as an instrument of harassment, and generates
unnecessary expenses to the parties
Splitting a single cause of action also applies to counterclaims & counter-claims
Plaintiff has only 1 cause of action regardless of the number of rights violated;
BUT if different persons, may file separate suits
Remedies:
1) Motion to dismiss on the ground of:
a) Litis pendentia
b) Res judicata
2) An answer alleging either of the aforementioned grounds as affirmative
defense.
Rules in determining the singleness of a cause of action:
1. GEN. RULE: A contract embraces only ONE cause of action even it contains
several stipulations.
2. EXCEPTION: A contract to do several things at several times is divisible and
judgment for a single breach of a continuing contract is NOT a bar to a suit for a
subsequent breach.
3. EXCEPTION TO THE EXCEPTION: All obligations which have matured at the time
of the suit must be integrated as one cause of action in one complaint and those
not so included will be barred.
4. DOCTRINE OF ANTICIPATORY BREACH: unqualified and positive refusal to
perform a contract, though the performance thereof is not yet due, may, if the
renunciation goes into the whole contract, be treated as a complete breach which
will entitle the injured party to bring his action at once.
Sec. 5 Joinder of causes of action Assertion of as many causes of action as a party
may have against another in one pleading alone subject to the ff conditions:
(a) The party joining the causes of action shall comply with the rules on joinder
of parties (see R. 3 sec. 6)
(b) Joinder shall not include special actions or actions governed by special rules
(c) Where the causes of action are between the same parties but pertain to diff
venues or jurisdictions, the joinder may be allowed in the RTC provided one
of the causes of action falls within the jurisdiction of said court and the venue
lies therein
(d) Where the claims in all the causes of action are principally for the recovery of
money, the aggregate amount shall be the test of jurisdiction (TOTALITY
RULE).
Uniting 2 or more demands or rights of action in a single action
Necessary to ask whether or not the causes of action arose out of the same
transaction or series of transactions = ONLY RELEVANT IF multiple plaintiffs and
multiple defendants cannot apply if only 1 plaintiff & 1 defendant bec no parties
to be joined
FOR PROPER JOINDER: the right to relief should arise out of the same transaction
and there exists a common question of law and fact
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Alternative Cause of Action- A bus which figured in a vehicular accident may be sued
for breach of contract of carriage and for negligence arising from quasi delict.
Alternative Defendant- damages caused during transport of personal property by a
shipping company acting both as a carrier and a warehouseman
SPLITTING A CAUSE OF ACTION JOINDER OF CAUSES OF ACTION
There is a single cause of action Contemplates several causes of action
PROHIBITED ENCOURAGED
Causes multiplicity of suits and double Minimizes the multiplicity of suits and
vexation on the part of the defendant inconvenience on the parties
BERNARDO v. CA
In this case, the CA merged or joined the action to annul the final order of
reconstitution of title and the petition for certiorari and prohibition questioning the
denial of the motion to dismiss in a special civil action. SC ruled that the merging of
the 2 causes of action was justified bec first, private respondents invoked
jurisdictional issues arising from the failure of the Bernardos to comply w/the
requirements for the reconstitution of title even though it prayed for the annulment
of the Order granting it. Hence, the question of jurisdiction was still involved. As
regards the private respondents’ prayer for the reversal of the denial of their motion
to dismiss, the general rule is that the denial of a motion to dismiss is interlocutory
and hence, it cannot be questioned in a special civil action of certiorari. Neither can
a denial of a motion to dismiss be subject of an appeal unless and until a final
judgment or order is rendered. However, that rule is not absolute. An exception is
when the Regional Trial Court committed grave abuse of discretion equivalent to
lack or excess of jurisdiction in denying the motion to dismiss. It was also to
question the RTC’s jurisdiction in denying the motion to dismiss.
Viewed in this light, there is a unity in the problem presented and a common
question of law and fact involved between the prayer for annulment of the judgment
reconstituting the TCT and the questioning the denial of the motion to dismiss for
the complaint for the annulment of titles of parcels of land alleged covered by the
TCT. The joinder of the 2 causes of action is mandated by the need to avoid
multiplicity of suits and to promote an efficient administration of justice.
While joinder of causes of action is largely left to the option of a party litigant,
Section 5, Rule 2 of our present Rules allows causes of action to be joined in one
complaint conditioned upon the following requisites: (a) it will not violate the rules
on jurisdiction, venue and joinder of parties; and (b) the causes of action arise out
of the same contract, transaction or relation between the parties, or are for
demands for money or are of the same nature and character.
The dominant idea is to permit joinder of causes of action, legal or equitable, where
there is some substantial unity between them. While the rule allows a plaintiff to
join as many separate claims as he may have, there should nevertheless be some
unity in the problem presented and a common question of law and fact involved,
subject always to the restriction thereon regarding jurisdiction, venue and joinder of
parties. Unlimited joinder is not authorized.
Sec.6 Misjoinder of causes of action Misjoinder of causes of action is not a ground
for dismissal of an action. A misjoined cause of action may, on motion of a party or
on the initiative of the court, be severed and proceeded with separately.
DID NOT arise from the same transaction/series of transactions and has NO
common question of fact or law.
Not a ground for dismissal of an action.
 The erroneously joined cause of action can be severed (or dropped) and party the judgment of a court
proceeded with separately upon motion to amend complaint by a party or upon cannot attain real finality.
the court’s own initiative. -Joinder of indispensable
Proved separately upon motion parties is mandatory
Necessary Parties (Proper -Not indispensable to the
Parties) action.
RULE 3- PARTIES TO CIVIL ACTIONS -Final determination of the
SEC1: Who may be parties; plaintiff and defendant Only natural or juridical persons, case can be had among the
or entities authorized by law may be parties in a civil action. The term "plaintiff" parties already impleaded
may refer to the claiming party, the counter-claimant, the cross-claimant, or the where a necessary party for
some justifiable reason, is
third (fourth, etc.) party plaintiff. The term "defendant" may refer to the original
NOT joined.
defending party, the defendant in a counterclaim, the cross-defendant, or the third -Necessary party ought to be
(fourth, etc.) party defendant. joined if complete relief or
settlement of the claim is to
-Only the following may be parties to a civil action: be accorded.
¬natural persons -May or may not be joined.
¬juridical persons [state and its political subdivisions, corporations, Non-inclusion of necessary
institutions and entities for public interest or purpose created by law and party does NOT prevent court
corporations, partnerships and associations for private interest] from proceeding in the action.
¬entities authorized by law judgment shall be rendered
-Plaintiff: claiming party or more appropriately, the original claiming party and is the without prejudice to the rights
one who files the complaint of such necessary parties
-Defendant: may refer to original defending party, the defendant in a counterclaim, Representative Parties (SEC3) -Those acting in fiduciary
the cross-defendant, or the third (fourth, etc.) party defendant capacity (e.g., trustees,
guardians, executors, etc.)
REMEDY when party impleaded NOT AUTHORIZED to be a party Pro Forma Parties -Those who are required to be
a. where plaintiff not natural or juridical entity- motion to dismiss on the joined as co-parties in suits by
ground that plaintiff has no legal capacity to sue or against another party as
b. defendant not any of the above- dismissed on the ground that pleading may be provided by applicable
asserting the claim states no cause of action or failure to state a cause of action substantive law
c. plaintiff has capacity to sure but he is not the real party in interest- ground Quasi-Parties -Those in whose behalf a class
for dismissal is failure to state cause of action or representative suit is
brought
SEC2: Parties in Interest A real party in interest is the party who stands to be
benefited or injured by the judgment in the suit, or the party entitled to the avails of SEC3: Representatives as Parties Where the action is allowed to be prosecuted or
the suit. Unless otherwise authorized by law or these Rules, every action must be defended by a representative or someone acting in a fiduciary capacity, the
prosecuted or defended in the name of the real party in interest. beneficiary shall be included in the title of the case and shall be deemed to be the
real party in interest. A representative may be a trustee of an express trust, a
REAL PARTY IN INTEREST: party who stands to be benefited or injured by the guardian, an executor or administrator, or a party authorized by law or these Rules.
judgment in the suit or the party entitled to the avails to the suit; normally for
An agent acting in his own name and for the benefit of an undisclosed principal may
private suits
sue or be sued without joining the principal except when the contract involves things
-“real”: present substantial interest; material and direct
-Every action must be prosecuted and defended in the name of the real party-in- belonging to the principal.
interest
-Locus standi: right of appearance in a court of justice on a given question; normally SEC4: Spouses as Parties Husband and wife shall sue or be sued jointly, except as
for public suits provided by law.
CLASSIFICATION OF PARTIES IN INTEREST
Indispensable Parties -Real party-in-interest without GEN. RULE: Husband and wife shall sue or be sued jointly
whom no final determination EXCEPT: 1. A spouse without just cause abandons the other or fails to comply with
can be had of an action. his or her obligations to the family
-Without the presence of this

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 2. A spouse of age mortgages, encumbers, alienates or otherwise disposes of
his/her exclusive property (Husbands sep. prop- Capital Prop./ Wife’s sep.
prop.- Paranphernal Prop.)
3. Regime of separation of property governs the property relations of the
spouses
4. Administrative Action by reason of one’s professional misconduct (i.e.
disbarment proceedings)
SEC5: Minor or Incompetent Persons A minor or a person alleged to be incompetent,
may sue or be sued, with the assistance of his father, mother, guardian, or if he has
none, a guardian ad litem.
-Can sue or be sued with the assistance of his father, mother, guardian or if he has
none, guardian ad litem
-Person need not be judicially declared as incompetent, it being sufficient that his
incompetency be alleged in pleadings
SEC6: Permissive Joinder of Parties All persons in whom or against whom any right
to relief in respect to or arising out of the same transaction or series of transactions
is alleged to exist, whether jointly, severally, or in the alternative, may, except as
otherwise provided in these Rules, join as plaintiffs or be joined as defendants in
one complaint, where any question of law or fact common to all such plaintiffs or to
all such defendants may arise in the action; but the court may make such 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.
-Rule: they can be joined in a single complaint or may themselves maintain or be
sued in separate suits
REQUISITES:
a. Right to relief arises out of the same transaction or series of transactions
(transactions connected with the same subject matter of the suit)
b. There is a question of law or fact common to all plaintiffs or defendants
c. Such joinder is not otherwise proscribed by the provisions of the Rules on
jurisdiction and venue
SEC7: Compulsory Joinder of Indispensable Parties Parties in interest without whom
no final determination can be had of an action shall be joined either as plaintiffs or
defendants.
-Joinder of party becomes compulsory when one involved is an indispensable party
-Presence of all indispensable parties is a condition sine qua non for the exercise of
judicial power
-When an indispensable party is NOT impleaded or NOT before the court, the action
should be dismissed
-Absence of indispensable parties renders all subsequent actions of the court null
and void for want of authority to act.
-Outright dismissal not the immediate remedy because non-joined parties in NOT a
ground for dismissal. Parties may be dropped or added by the court on MOTION of
any party or on its own initiative at any stage of the action on such terms that are
just
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SEC8: Necessary Party A necessary party is one who is not indispensable but who
ought to be joined as a party if complete relief is to be accorded as to those already
parties, or for a complete determination or settlement of the claim subject of the
action.
-Joint debtor: indispensable party to a suit against him but a necessary party in a
suit against his co-debtor
-Solidary debtor: in suit brought by a creditor against one solidary debtor, the other
solidary debtor is neither indispensable nor a necessary party
SEC9: Non-joinder of Necessary Parties to be Pleaded Whenever in any pleading in
which a claim is asserted a necessary party is not joined, the pleader shall set forth
his name, if known, and shall state why he is omitted. Should the court find the
reason for the omission unmeritorious, it may order the inclusion of the omitted
necessary party if jurisdiction over his person may be obtained.
The failure to comply with the order for his inclusion, without justifiable cause, shall
be deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from proceeding
in the action, and the judgment rendered therein shall be without prejudice to the
rights of such necessary party.
DUTY of pleader whenever necessary party NOT joined
a. State name of the necessary party, if known
b. State why said necessary party is omitted in pleading
-If reason given for non-joinder is meritorious, court may order pleader to join
omitted party if jurisdiction over his person may be obtained
-EFFECT of failure to comply with order of court: constitutes of a waiver of the claim
against such party (if NO Order from the Court- does not constitute a waiver)
SEC10: Unwilling Co-plaintiff If the consent of any party who should be joined as
plaintiff can not be obtained, he may be made a defendant and the reason therefor
shall be stated in the complaint.
-Party who is supposed to be a plaintiff but whose consent to be joined cannot be
obtained because he refuses to be a party to the action
-Unwilling co-plaintiff may be made a defendant and reason should be stated in
complaint
- He is in the nature of a defendant but is referred to as an unwilling co-plaintiff.
- NO relief or damages is sought against him.
SEC11: Misjoinder and Non-joinder of Parties Neither misjoinder nor non-joinder of
parties is ground for dismissal of an action. Parties may be dropped or added by
order of the court on motion of any party or on its own initiative at any stage of the
action and on such terms as are just. Any claim against a misjoined party may be
severed and proceeded with separately.
-Party misjoined: when made a party to the action although he should not be
impleaded
-Misjoinder or non-joinder is NOT a ground for dismissal
-Party not joinded: supposed to be joined but is not impleaded in the action
SEC12: Class Suit When the subject matter of the controversy is one of common or
general interest to many persons so numerous that it is impracticable to join all as
parties, a number of them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue or defend
for the benefit of all. Any party in interest shall have the right to intervene to protect
his individual interest.
-Action where one or more may sue for the benefit of all if the requisites for said
action are complied with.
REQUISITES of a class suit
1. Subject matter of the is one of common or general interest to many persons
2. Persons are so numerous that it is impracticable to join them all as parties
3. Parties bringing the class suit are sufficient in number and representative (to
be determined by the Court) of the class and can fully protect interests of
all concerned
4. Representative sues or defends for the benefit of all
-When the interests of the parties in the subject matter are conflicting-> NO CLASS
SUIT!
SEC13: Alternative Defendants Where the plaintiff is uncertain against who of
several persons he is entitled to relief, he may join any or all of them as defendants
in the alternative, although a right to relief against one may be inconsistent with a
right of relief against the other.
SEC14: Unknown Identity or Name of Defendant Whenever the identity or name of a
defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by
such other designation as the case may require; when his identity or true name is
discovered, the pleading must be amended accord
-Identity or name of the defendant is unknown, he may be sued as the unknown
owner, heir, devisee or by such other designation as the case may require.
REQUISITES:
a. There is a defendant
b. His identity or name is unknown
c. Fictitious name may be used because of ignorance of defendant’s true name
and said ignorance is alleged in the complaints
d. Identifying description may be used
e. Amendment to the pleading when identity or true name is discovered
f. Defendant is the defendant being sued, not a mere additional defendant
SEC15: Entity Without Juridical Personality as Defendant When two or more persons
not organized as an entity with juridical personality enter into a transaction, they
may be sued under the name by which they are generally or commonly known.
In the answer of such defendant, the names and addresses of the persons
composing said entity must all be revealed.
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REQUISITES
a. There are 2 or more persons not organized as a juridical entity
b. Enter into a transaction and
c. Wrong or delict is committed against a third person in the course of such
transaction
-Persons associated in an entity without juridical personality may be sued under the
name by which they are GENERALLY or COMMONLY KNOWN, but they cannot sue
under such name
WHERE SUBSTITUTION OF PARTY IS PROPER
SEC16: Death of Party; Duty of Counsel Whenever a party to a pending action dies,
and the claim is not thereby extinguished, it shall be the duty of his counsel to
inform the court within thirty (30) days after such death of the fact thereof, and to
give the name and address of his legal representative or representatives. Failure of
counsel to comply with this duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the court
may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear
and be substituted within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the
one so named shall fail to appear within the specified period, the court may order
the opposing party, within a specified time, to procure the appointment of an
executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in
procuring such appointment, if defrayed by the opposing party, may be recovered as
costs.
-Counsel should: [mandatory and failure to comply is ground for disciplinary action]
¬inform the court of such fact within 30D after such death.
¬give the name and address of the legal representative of the deceased
- Upon receipt of notice of death, court shall determine w/n the claim is
extinguished by such death
a. if claim SURVIVES: court shall order the legal rep of the deceased to
appear and be substituted for the deceased within 30D from notice.
HOWEVER, if within the specified period, a legal rep fails to appear, the
court may order the opposing counsel within a specified period to process
the appointment of an executor or administrator who shall immediately
appear for the estate of the deceased.
-When deceased has NO HEIRS court shall require the appointment of an executor
or administrator.
-It is possible that the court may order the opposing party to procure the
appointment of an executor or administrator.
-Formal substitution NOT NECESSARY when heirs themselves voluntarily appeared
-Service of summons NOT REQUIRED to effect substitution
- Death of client extinguishes attorney-client relationship
PURPOSE: protection of the right of every party to due process
-Non-compliance with the rules on substitution of a deceased party renders the
proceedings of the court infirm because the court acquired no jurisdiction over the
person.

SEC17: Death or Separation of a Party who is a Public Officer When a public officer
is a party in an action in his official capacity and during its pendency dies, resigns,
or otherwise ceases to hold office, the action may be continued and maintained by
or against his successor if, within thirty (30) days after the successor takes office or
such time as may be granted by the court, it is satisfactorily shown to the court by
any party that there is a substantial need for continuing or maintaining it and that
the successor adopts or continues or threatens to adopt or continue the action of his
predecessor. Before a substitution is made, the party or officer to be affected,
unless expressly assenting thereto, shall be given reasonable notice of the
application therefor and accorded an opportunity to be heard.
REQUISITES
a. Public officer is a party to an action in his official capacity
b. During the pendency of the action, he either dies, resigns, or otherwise
ceases to hold office
c. It is satisfactorily shown to the court by any party, within 30D after the
successor takes office, that there is a substantial need for continuing or
maintaining the action
d. That the successor adopts or continues or threatens to adopt or continue the
action of his predecessor
e. The party or officer affected has been given reasonable notice of the
application therefor and accorded an opportunity to be heard
SEC18: Incompetency or Incapacity If a party becomes incompetent or
incapacitated, the court, upon motion with notice, may allow the action to be
continued by or against the incompetent or incapacitated person assisted by his
legal guardian or guardian ad litem.
In case a party becomes incompetent or incapacitated, the action survives and may
be continued by or against the incompetent or incapacitated assisted by his legal
guardian or guardian ad litem, who is his legal rep
SEC19: Transfer of Interest In case of any transfer of interest, the action may be
continued by or against the original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted in the action or joined
with the original party.
-Transfer that occurs during the pendency of the action.
-Action may be continued by or against the original party, unless the court upon
motion directs the person to whom the interest is transferred to be substituted in
the action or joined with the original party
GEN. RULE: The rule does NOT consider the transferee an indispensable party.
Hence, action may proceed without need to implead him
EXCEPT: When substitution by or joinder of transferee ordered by court
-Transferee pendente lite:
¬stands in exactly the same position as its predecessor-in-interest, the
original defendant and
¬bound by the proceedings had in the case before the property was
transferred to it, even if not formally included as a defendant
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-Case will be dismissed if interest of plaintiff is transferred to defendant UNLESS
there are several plaintiffs in which case, the remaining plaintiffs can proceed with
their own cause of action
SEC20: Action on Contractual Money Claims When the action is for recovery of
money arising from contract, express or implied, and the defendant dies before
entry of final judgment in the court in which the action was pending at the time of
such death, it shall not be dismissed but shall instead be allowed to continue until
entry of final judgment. A favorable judgment obtained by the plaintiff therein shall
be enforced in the manner especially provided in these Rules for prosecuting claims
against the estate of a deceased person.
-Action is for the recovery of money arising from contract and he defendant dies
before entry of final judgment, court SHALL NOT DISMISS. It shall continue against
the Estate. (NOTE: Legal rep. or heir shall ONLY substitute the deceased in his
capacity as a plaintiff with regard to a counterclaim for damages)
-Execution shall not issue in favor of winning party. Final judgment as a claim
against the estate of the decedent without need of proving claim
-If plaintiff obtains favourable judgment, said judgment shall be enforced as a
money claim against the estate of the deceased
REQUISITES
a. Action must primarily be for recovery of money, debt or interest thereon
b. Claim subject of the action arose from contract, express or implied
c. Defendant dies before the entry of final judgment in the court in which the
action was pending
SEC21: Indigent Party A party may be authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex parte application and hearing, is
satisfied that the party is one who has no money or property sufficient and available
for food, shelter and basic necessities for himself and his family.
Such authority shall include an exemption from payment of docket and other lawful
fees, and of transcripts of 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 for the payment thereof, without prejudice to such other
sanctions as the court may impose.
(NOTE: see also R. 141 sec. 19 on the definition of an Indigent)
-Party may be authorized to litigate as an indigent if court is satisfied that party is
one who has no money or property sufficient and available for food, shelter and
basic necessities
-Application and hearing to litigate may be made ex parte
-If one is authorized to litigate as indigent-> exemption from payment of docket retained in the rules of procedure, even elaborating on the meaning of an indigent
fees, transcripts of stenographic notes, which the court may order to be furnished party, and was also strengthened by the addition of the third paragraph on the right
by him to contest the grant of authority to litigate only goes to show that there was no
-Amount that indigent was exempt from paying, shall be a lien on the judgment intent at all to consider said rule as expunged from the 1997 Rules of Civil Procedure
rendered in the case favourable to the indigent - Furthermore, Rule 141 on indigent litigants was amended twice, and yet, despite
-A lien on the judgment shall not arise if the court provides otherwise these two amendments, there was no attempt to delete the rule in Rule 3, which
clearly evinces the desire of the Court to maintain two rules on indigent applicants
SEC22: Notice to the Solicitor General In any action involving the validity of any to cover applications to litigate as an indigent litigant
treaty, law, ordinance, executive order, presidential decree, rules or regulations, the -The court ruled that R3 S21 and R141 S16 should be harmonized
court, in its discretion, may require the appearance of the Solicitor General who may
HENCE, AN INDIGENCY TEST:
be heard in person or through a representative duly designated by him. -The two (2) rules can stand together and are compatible with each other. When an
application to litigate as an indigent litigant is filed, the court shall scrutinize the
-Only SolGen can bring and defend actions on behalf of the RP and that actions filed affidavits and supporting documents submitted by the applicant to determine if the
in the name of the RP or its agencies and instrumentalities, if not initiated by the applicant complies with the income and property standards prescribed in the present
SolGen will be summarily dismissed. Section 19 of Rule 141—that is, the applicant's gross income and that of the
-Action involving the validity of any treaty, law, ordinance, e.o, p.d, rule or applicant's immediate family do not exceed an amount double the monthly minimum
regulations, the court, in its discretion, may require appearance of SolGen wage of an employee; and the applicant does not own real property with a fair
market value of more than Three Hundred Thousand Pesos (PhP 300,000.00). If the
BRIOSO V. MARIANO trial court finds that the applicant meets the income and property requirements, the
-Case for recovery of possession of real property authority to litigate as indigent litigant is automatically granted and the grant is a
-Mariano repurchased land that was previously sold to Glicerio. Glicerio refused to matter of right.
deliver entire property. However, if the trial court finds that one or both requirements have not been met,
-Defendants (Salvador Mariano et al) claimed that Glicerio installed his son Ernesto then it would set a hearing to enable the applicant to prove that the applicant has
and others as tenants before repurchase. "no money or property sufficient and available for food, shelter and basic necessities
-Glicerio died and defendants thru their counsel filed a Notice of Death of Glicerio for himself and his family." In that hearing, the adverse party may adduce
Brioso. Then, Mariano’s counsel filed a Motion for substitution of deceased defendant countervailing evidence to disprove the evidence presented by the applicant; after
which defendants’ lawyers received. Trial court issued order that: “the motion of which the trial court will rule on the application depending on the evidence adduced.
atty. grageda to substitute deceased defendant is hereby admitted” In addition, Section 21 of Rule 3 also provides that the adverse party may later still
-There was valid substitution and the court acquired jurisdiction over persons of contest the grant of such authority at any time before judgment is rendered by the
defendants. trial court, possibly based on newly discovered evidence not obtained at the time
-Trial court failed to observe proper procedure in substituting as to Felicidad et al. the application was heard. If the court determines after hearing, that the party
There is no indication that they authorized their counsel to represent them or any declared as an indigent is in fact a person with sufficient income or property, the
showing that they appeared in the proceedings. Trial court thus, did NOT acquire proper docket and other lawful fees shall be assessed and collected by the clerk of
jurisdiction over their persons. court. If payment is not made within the time fixed by the court, execution shall
issue or the payment of prescribed fees shall be made, without prejudice to such
ALGURA V. CITY OF NAGA other sanctions as the court may impose.
1984 R141, S16 Gross income; < 2k/month The Court concedes that Rule 141, Section 19 provides specific standards while Rule
real property < 24K 3, Section 21 does not clearly draw the limits of the entitlement to the exemption.
1997 (ROCs) R3, S21 Court satisfied After hearing discretionary Knowing that the litigants may abuse the grant of authority, the trial court must use
2000 R141, S18 Gross income; < 4k/month < sound discretion and scrutinize evidence strictly in granting exemptions, aware that
assessed 3K/month the applicant has not hurdled the precise standards under Rule 141. The trial court
value or real < 50k must also guard against abuse and misuse of the privilege to litigate as an indigent
estate litigant to prevent the filing of exorbitant claims which would otherwise be regulated
2004 R141, S19 Gross income; < minimum wage x 2 by a legal fee requirement.
fair market < 300K matter of
value of real right
estate RULE 4 - VENUE OF ACTIONS
-The rule on pauper litigants was inserted in Rule 141 without revoking or amending
§21 of Rule 3, which provides for the exemption of pauper litigants from payment of Section 1. Venue of real actions. Actions affecting title to or possession of real
filing fees, thus, on 1 March 2000, there were two existing rules on pauper litigants, property, or interest therein, shall be commenced and tried in the proper court
namely, Rule 3, §21, and Rule 141, §18
which has jurisdiction over the area wherein the real property involved, or a portion
-It is the court’s opinion that both rules are still valid and enforceable rules on
indigent litigants the fact that §22, now §21, of Rule 3 on indigent litigants was thereof, is situated.

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Forcible entry and detainer actions shall be commenced and tried in the municipal
trial court of the municipality or city wherein the real property involved, or a portion
thereof, is situated.
Sec. 2. Venue of personal actions. All other actions may be commenced and tried
where the plaintiff or any of the principal plaintiffs resides, or where the defendant
or any of the principal defendants resides, or in the case of a non-resident
defendant where he may be found, at the election of the plaintiff.
Sec. 3. Venue of actions against non-residents. If any of the defendants does not
reside and is not found in the Philippines, and the action affects the personal status
of the plaintiff, or any property of said defendant located in the Philippines, the
action may be commenced and tried in the court of the place where the plaintiff
resides, or where the property or any portion thereof is situated or found.
Venue- place, or the geographical area where an action is to be filed and tried. In
CIVIL CASES, it only refers to the place of the suit and NOT to the jurisdiction of the
court
DISMISSAL BASED ON IMPROPER VENUE
The court cannot motu pro prio dismiss a case on the ground of improper venue.
It can only do so in case of: a) lack of jurisdiction over the subject matter, b) litis
pendencia, c) res judicata and d) prescription
Exception: if the case is under the rules on summary procedure
Venue although technically wrong may be acceptable to the parties for whose
convenience the rules on venue have been devised
HOW VENUE IS DETERMINED
Q: Is the action personal or real?
A1: If personal = venue is transitory = residence of the plaintiff or of the
defendant, at the option of the plaintiff = if the defendant is a non-resident, the
venue is residence of the plaintiff or where the non-resident defendant may be
found, at the election of the plaintiff
A2: If real = venue is local = place where the real property involved, or any
portion thereof, is situated = if the defendant is a non-resident and not found in
the Phil, and the action affects the personal status of the plaintiff, or any property
of the defendant located in the Phil, the venue is residence of the plaintiff where
the property or any portion thereof is situated
STIPULATIONS ON VENUE
The parties may agree on a specific venue which could be in a place where neither
of them resides
The agreement must be: a) in writing; b) made before the filing of the action; and
3) exclusive as to the venue.
o Mere stipulation of the venue of an action is not enough to preclude parties
from bringing a case in other venues.
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o In the absence of qualifying or restrictive words, the stipulation should be
deemed as merely an agreement on an additional forum, not as limiting venue
to the specified place.
o Exclusive words: “only, solely, exclusively in this court, in no other court, save-
-, particularly, nowhere else but/except—“
DENIAL OF A MOTION TO DISMISS BASED ON IMPROPER VENUE; NO APPEAL
When a motion to dismiss based on improper venue is denied, the defendant
cannot appeal therefrom
The order is merely interlocutory, and not final. The normal remedy is to file an
answer and interpose the ground as an affirmative defense, go to trial, and appeal
from the adverse judgment.
ALL AT THE ELECTION OF THE PLAINTIFF, MEANS OF WAIVING VENUE:
1. Failure to object via motion to dismiss
2. Affirmative relief sought in the court where the case is filed
3. Voluntary submission to the court where the case if filed
4. Laches
Sec.4 When rule not applicable This rule shall not apply:
1. In those cases where a specific rule or law provides otherwise
2. Where the parties have validly agreed in writing before the filing of an action on
the exclusive venue thereof
CABUTIHAN v. LANDCENTER CONSTRUCTION
Petitioner and respondent entered into an agreement wherein the former would
provide her services to recover an area of land in Parañaque City for the
respondents. The agreement provided that she would receive 20% of the land area
she will recover. Respondent never executed the Deed of Assignment, hence
prompting petitioner to file a case for Specific Performance in RTC Pasig City.
Respondent is now alleging improper venue.
The case is for specific performance, not for conveyance of property, bec petitioner
seeks for payment of her services in accordance with the agreement. Hence, the
action is personal and can be commenced and tried in the proper courts where the
plaintiff/defendant or any of the principal plaintiffs/defendants resides.
GUMABON v. LARIN
Petitioner filed a complaint against Larin before the RTC QC seeking the return of a
certificate of title who allegedly refused to do so. The case was then raffled to
Branch 82, where Judge Cegeuera issued the assailed order, dismissing the
complaint on the ground that, being a real action, the case should have been filed
before the RTC Pampanga w/c could validly take cognizance of the controversy. Not
only was the order issued motu pro prio, it was issued during the homestretch of the
proceedings.
A motu pro prio dismissal of a case was traditionally limited to instances when the
court clearly had no jurisdiction over the subject matter and when the plaintiff did
not appear during trial, failed to prosecute his action for an unreasonable amount of
time, or neglected to comply with the rules or with any order of the court. Outside of
these instances, any motu pro prio dismissal would be a violation of the plaintiff’s
right to be heard. Improper venue not being included, motu pro prio dismissal on
said ground is not allowed.
As it is, improper venue not having been so raised by respondent as a ground to
dismiss, he must be deemed to have waived the same.
MARCOS-ARANETA v. CA
Petitioner instituted before the RTC in Batac, Ilocos Norte, instituted 2 similar RULE 5- UNIFORM PROCEDURE IN TRIAL COURTS
complaints for conveyance of shares of stock, accounting and receivership. Private SEC1: Uniform Procedure The procedure in the Municipal Trial Courts shall be the
respondent’s daughter filed a motion to dismiss on the ground of improper venue by same as in the Regional Trial Courts, except (a) where a particular provision
presenting a joint affidavit where household staff of the Marcos Mansion in Batac, expressly or impliedly applies only to either of said courts, or (b) in civil cases
Ilocos Norte attested that Irene did not maintain residence in that place, as she only governed by the Rule on Summary Procedure.
visited the mansion twice in 1999, did not vote there, and that she was staying in
her husband’s house in Makati City. Irene then filed a Motion to Amend Complaint, GEN. RULE: Procedure in MTC shall be the same as in the RTC
wherein she added new plaintiffs, all from Ilocos Norte who were her new trustees. EXCEPT: a. where particular provision expressly or impliedly applies only to either of
She maintained that private respondents had already waived their right to assert said courts OR
improper venue by filing multiple pleadings. b. in civil cases governed by the Rule on Summary Proc
The SC ruled first, that the private respondents raised, at the earliest time possible,
within the time for but before filing the answer to the complaint, the matter of
Sec. 2. Meaning of terms. The term "Municipal Trial Courts" as used in these Rules
improper venue. Second, the subject civil cases are personal actions because the
ownership interest of a stockholder over corporate assets is only inchoate and that shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
the amended complaint is a suit against the private respondents on the basis of Courts, and Municipal Circuit Trial Courts.
their alleged personal liability to Irene upon an alleged trust. And finally, venue was
improperly laid because Irene, the principal plaintiff, does not reside in Batac, Ilocos Trial Procedure in Civil Cases
Norte. Rule 4, Sec.2 mandates that the subject civil cases ought to be commenced -No testimonial evidence is required nor cross-examination of witnesses allowed.
and prosecuted at the place where she resides. -Within 10D from receipt by the parties of court’s pre-trial order, they shall submit:
a. Affidavits of their witnesses and
SALUDO v. AMERICAN EXPRESS b. Other evidence on the factual issues set forth in the pre-trial order, together with
Saludo filed a complaint against AMEX in RTC of Maasin City, Southern Leyte, where position papers setting forth the law and the facts relied upon by them
the former is a Congressman. Respondents averred that the complaint should be
dismissed on the ground that the venue was improperly laid as he was not a RULES ON SUMMARY PROCEDURE
resident of Leyte. They alleged that in his community tax certificate was issued in Cases Subject to Summary Procedure
Pasay City and that his complaint was prepared and signed by a lawyer in the same a. Forcible entry and unlawful detainer
city. Petitioner argued that he only has an office in Pasay City which is why his b. all other claims where the total claim does not exceed 100K (outside MM)
community tax certificate was issued there. or does not exceed 200K (MM), exclusive of interests and costs.
SC ruled that according to Rule 4, Sec.2, a personal action may be filed where the
plaintiff or defendant resides or may be found, at the option of the plaintiff. Saludo, Pleadings allowed:
as plaintiff, opted to file it in Maasin, Souther Leyte. The term “resides” as employed a. Complaint
in the rule of venue on personal actions means the place of abode, whether b. Compulsory Counter-claim
permanent or temporary, as distinguished from “domicile”, which denotes a fixed c. Cross-claims pleaded in answer
permanent residence to which, when absent, one has the intention of returning. As d. answers to these pleadings
a prerequisite of being a a member of the House of Representatives, the
requirement of being a resident in the district he is representing was correctly Pleadings not allowed:
deemed by the court, he is deemed to have had his residence therein for purposes a. Motion to dismiss except on grounds provided below (e)
of venue for filing personal actions. b. Motion for bill of particulars
c. Motion for new trial, recon, or for reopening of trial
LEGASPI v. SSS d. Petition for relief from judgment
A construction agreement was entered into between the parties wherein it was e. Motion for extension of time to file pleadings, affidavits or any other paper
stipulated that all actions may be brought before the proper court in QC and that f. Memoranda
petitioner waived any other venue. Petitioner filed a complaint for payment of sum g. Petition for certiorari, mandamus, or prohibition against any interlocutory
of money with the RTC of Makati City. Respondent filed a motion to dismiss on the order
ground of improper venue. RTC denied, saying that petitioner’s action was not based h. Motion to declare defendant in default
on the Construction Agreement but was a collection suit on the cost of materials i. Dilatory motion for postponement
used in the construction. CA reversed. j. Reply
SC ruled that written stipulations to venue may be restrictive in the sense that the k. third-party complaints
suit may be filed only in the place agreed upon. The Construction Agreement l. interventions
provided for venue—it was specific, QC with the words “CONTRACTOR expressly
waiving any other venue”, which connotes exclusivity of the designated venue. Basic principles:
These terms stipulate exclusively the venue where actions where the Construction a. Court in a summary proc may dismiss the cases outright on any of the
Agreement should be filed. grounds for the dismissal of a civil action

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 b. Should the defendant fail to answer the complaint within the prd of 10D
from service of summons, the court may, motu proprio or on motion of the
plaintiff render judgment as may be warranted by the facts alleged and
limited to what is prayed for
c. Preliminary conference held but NO trial. parties shall submit affidavits and
position papers
d. Within 30D from receipt of last affidavits and position papers, or the
expiration of the period for filing the same, the court shall render the
judgment
e. GEN. RULE: motion to dismiss NOT allowed EXCEPT: if lack of jurisdiction
over subject matter OR failure to comply with the barangay conciliation
proceedings
f. Filing of prohibited pleading will not suspend the period to file an answer or
to appeal
g. Motion to dismiss may be treated as an answer
h. Motion to declare defendant in default is prohibited but plaintiff may file a
Motion to Render Judgment
i. Judgment of inferior courts are appealable to the RTC
j. Decisions of RTC (on appeal) in civil cases under this rule are immediately
executory
KATARUNGANG PAMBARANGAY LAW
-Proceedings before the lupon are not judicial proceedings. The lupon and the
Pangkat do not have inherent adjudicatory powers.
-They resolve disputes through mediation and conciliation
-Primordial aim is to reduce the number of court litigations and prevent the
deterioration of the quality of justice.
-Parties must appeal in person in all proceedings WITHOUT assistance of counsel
EXCEPT for minors and incompetents who may be assisted by their next of kin who
are not lawyers
-Only individuals maybe parties to proceedings
-Court in which non-criminal case is filed may motu proprio refer case at any time
BEFORE trial to the lupon
-All amicable settlements shall be in WRITING in a language known to the parties,
signed by them and attested by Punong Barangay
Initiation of Proceedings
a. Upon payment of appropriate filing fee, individual who has a cause of
action against another individual involving any matter within the authority
of the lupon may complain ORALLY or in WRITING to the Punong Barangay
b. Upon receipt of complaint, Punong Bgy shall summon respondents within
the next working day to appear. If Punong Bgy fails in his mediation efforts
within 15D from the first meeting, he shall set a date to constitute the
Pangkat Tagapagsundo
Subject Matters for Settlement
GEN. RULE: all diputes may be the subject of bgy proceedings for the amicable
settlement
EXCEPT:
a. if one party is the government or any subdivision thereof
b. one party is a public officer or employee and dispute relates to performance of his
official function
c. offenses for which law prescribes minimum penalty of imprisonment exceeding
1yr or a fine exceeding 5K
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d. no private offended party
e. dispute involves real properties located in different cities or municipalities UNLESS
parties agree to submit their differences to amicable settlement
f. involving parties who actually reside in different barangays of different cities or
municipalities UNLESS such bgy units adjoin each other and parties agree to submit
their differences to amicable settlement
g. such other classes of disputes which the President may determine in the interest
of justice or upon recommendation of Secretary of Justice
Effect of Amicable Settlement and Award
a. Shall have the effect of final judgment of a court upon the expiration of
10D from date thereof UNLESS repudiation of settlement has been made or
petition to nullify award has been filed
b. Any party to dispute may, within 10D from date of settlement, repudiate
the same by filing with Punong Bgy a statement to that effect sworn to before him
where the consent is vitiated by fraud, violence or intimidation. Failure to
repudiate within given esprd shall be deemed a waiver
RULE 6- KINDS OF PLEADINGS
Sec.1 Pleadings defined Pleadings are the written statements of the respective
claims and defenses of the parties submitted to the court for appropriate judgment.
Written statements of the respective claims and defenses of the parties submitted
to the court for appropriate judgment
Necessary to invoke the jurisdiction of the court
Intended to secure a method by which the issues may be properly laid before the
court, to present, define and narrow the issues, to limit the proof to be submitted
in the trial, to advise the court and the adverse party of the issues and what are
relied upon as the cause of action and defense
CONSTRUCTION
All pleadings shall be liberally construed so as to do substantial justice, intention
of the pleader is the controlling factor and should be read in accordance with its
substance, not its form
A party is strictly bound by the allegations, statements or admissions made in his
pleadings and cannot be permitted to take a contradictory position
Sec.2 Pleadings allowed The claims of a party are asserted in a complaint,
counterclaim, cross-claim, third (fourth, etc.) party complaint, or complaint-in-
intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim
against him.
An answer may be responded to by a reply.
1. Complaint
2. Answer
 3. Counterclaim
4. Cross-claim
5. Third (fourth, etc.)- party complaint
6. Complaint-in-intervention
Sec.3 Complaint The complaint is the pleading alleging the plaintiff's cause or
causes of action. The names and residences of the plaintiff and defendant must be
stated in the complaint.
Pleading alleging the plaintff’s cause or causes of action. The names and
residences of the plaintiff and defendant must be stated.
Should contain a concise statement of the ultimate facts constituting the plaintiff’s
cause of action, not evidentiary facts or legal conclusions
o What are NOT ultimate facts:
1. Evidentiary or immaterial facts
2. Legal conclusions, conclusions or inferences of facts from facts not stated,
or incorrect inferences or conclusions from facts stated
3. Details of probative matter or particulars of evidence, statements of law,
inferences and arguments
4. Allegation that a contract is valid or void is a mere conclusion of law
Sec.4 Answer An answer is a pleading in which a defending party sets forth his
defenses.
Pleading in which a defending party sets forth his defenses
Must be filed within 15 days from receipt of the complaint.
May be an answer to the complaint, counterclaim, or cross-claim
NOTE: Failure to assert a defense or admission of the material allegations of the
complaint will result in a judgment on the pleadings (R. 34)
Sec.5 Defenses Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts
alleged in the pleading of the claimant essential to his cause or causes of
action.
(b) An affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him. The
affirmative defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance.
2 Kinds of Defenses that may be set forth in the answer:
1. Negative- when the material averments alleged in the pleading of the claimant
are specifically denied (SPECIFIC DENIAL)
a. Purpose: make the defendant disclose the matters alleged int he complaint
which he succinctly intends to disprove at the trial, together with the matter
which he relied upon to support it
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b. Effect of absence: material averments in the complaint (except as to the
amount of unliquidated damages), not specifically denied are deemed admitted
c. Kinds: (Rule 8, Sec.10)
i. ABSOLUTE DENIAL- defendant specifies each material allegation of fact the
truth of which he does not admit and, whenever practicable, sets forth the
substance of the matters upon which he relies to support his denial
ii. PARTIAL DENIAL- defendant does not make a total denial of the material
allegations of a specific paragraph. He denies only a part of the averment.
He specifies that part the truth of which he admits and denies the
remainder.
iii. DENIAL BY DISAVOWAL OF KNOWLEDGE- defendant alleges that he is
“without knowledge or information sufficient to form a belief as to the truth
of a material averment made in the complaint.”
d. NEGATIVE PREGNANT- a negative implying an affirmative and which
although it is stated in the negative form really admits the allegations to which
it relates
2. Affirmative- allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or
bar recovery by him. This include fraud, prescription, release, payment, illegality,
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and
another matter by way of confession and avoidance
Sec. 6 Counterclaim A counterclaim is any claim which a defending party may have
against an opposing party.
Any claim, which a defending party may have against an opposing party
May be claim for: a) money; or b) some other relief against an opposing party
Not intrinsically part of the answer bec it is a separate pleading. It may however
be included in the anwer.
May be compulsory or permissive.
Sec.7 Compulsory counterclaim A compulsory counterclaim is one which, being
cognizable by the regular courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of the opposing party's
claim and does not require for its adjudication the presence of third parties of whom
the court cannot acquire jurisdiction. Such a counterclaim must be within the
jurisdiction of the court both as to the amount and the nature thereof, except that in
an original action before the Regional Trial Court, the counterclaim may be
considered compulsory regardless of the amount.
Elements:
1) Arises out ouf, or is necessarily connected with the transaction or occurrence
which is the subject matter of the opposing party’s claim;
2) Does not require for its adjudication the presence of 3rd parties over whom the
court cannot acquire jurisdiction; and
3) Court has jurisdiction to entertain both as to amount and nature
Test: logical relation between the claim alleged in the complaint and that in the
counterclaim
 If filed in a separat action, will result in undue duplication, and ultimately, forum The failure of petitioner to seasonably assert its alleged right precludes it from doing
shopping. so at this late stage in the case. Estoppel may be successfully be invoked by if the
If the counterclaim exceeds the jurisdiction over the court, it should be deemed party fails to raise the question in the early stages of the proceedings. Thus, a party
permissive, not compulsory to a case who failed to invoke his claim in the main case, while having the
A party who desires to plead a compulsory counterclaim should not file a motion opportunity to do so, will be precluded, subsequently, from invoking his claim, even
to dismiss. If he files a motion to dismiss and the complaint is dismissed, there if it were true, after the decision has become final, otherwise the judgment may be
will be no chance to invoke the counterclaim. reduced to a mockery and the administration of justice may be placed in dispute.
o A counterclaim presupposes the existence of a claim against the party filing the
counterclaim. If the dismissal of the main action results in the dismissal of the FINANCIAL BLDG CORP v. FORBES PARK ASSOCIATION
counterclaim already filed, it stands to reason that that the filing of a motion to USSR owned a residential lot in Forbes Park. They hired petitioner for the
dismiss the complaint is an implied waiver of the compulsory counterclaim construction of a multi-level staff apartment building at the said lot. Forbes Park
because the grant of the motion ultimately results in the dismissal of the reminded USSR of the existing regulations authorizing only the construction of a
counterclaim single-family residential bldg in each lot w/in the village. Petitioner still commenced
w/the construction, w/c Forbes Park enjoined, suspending all the permits of entry
PERMISSIVE COUNTERCLAIM for its personnel. Petitioner, in Civil Case No. 16540 filed in the RTC Makati a
Arises out of a different cause of action complaint for injunction and damages against Forbes Park. The latter filed a motion
If any of the elements of a compulsory counterclaim is absent, then it is to dismiss. The case was eventually dismissed.
permissive After petitioner’s case was terminated w/finality, Forbes Park sought to vindicate its
Absence of a logical connection with the subject matter of the complaint, i.e., it right by filing w/RTC Makati a complaint for damages against petitioner arising from
does not arise out of, or is not connected with the plaintiff’s cause of action the violation of its rules and regulations. RTC ruled in favor of Forbes Park and
ordered the demolition of illegal structures on the lot and awarded damages.
TEST WHETHER A COUNTERCLAIM IS COMPULSORY OR NOT: Petitioners question whether the CA erred in not dismissing the complaint filed by
1) Are the issues of law and fact raised by the claim and the counterclaim largely the Forbes Park.
same? SC held that the CA did err because first, the instant case is already barred due to
2) Would res judicata bar a subsequent suit on defendant’s claims, absent the Forbes Park’s failure to set it up as a compulsory counterclaim in CC16540.
compulsory counterclaim rule? Undoubtedly, both cases arose from the same occurrence, issues of law (whether
3) Will substantially the same evidence support or refute plaintiff’s claim as well as petitioner could be enjoined from continuing w/the construction and be held liable
the defendant’s counterclaim? for damages) and fact (whether the structures erected violate Forbes Park’s rule)
4) Is there any logical relation between the claim and the counterclaim, such that are identical. The 2 cases also involve the same parties. Forbes Park claims in the
the conduct of separate trials of the respective claims of the parties would entail a instant case should have been filed as a counterclaim in CC16540. They also filed a
substantial duplication of effort and time by the parties and the court? motion to dismiss in CC16540, making its existing compulsory counterclaim at that
time barred. A compulsory counterclaim is auxiliary to the proceeding in the original
COMPULSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM suit and derives its jurisdictional support therefrom. If the dismissal of the main
Should be contained in the answer, bec May be set up as an independent action action results in the dismissal of the counterclaim already filed, then the filing of a
if not set up shall be barred and will not be barred if not contained in motion to dismiss of the complain is an implied waiver of the compulsory
the answer to the complaint counterclaim bec the grant of the motion ultimately results in the dismissal of the
Not an initiatory pleading Initiatory pleading counterclaim.
Does not require the certificates Should be accompanied by a certification
mentioned against forum shopping and whenever ARENAS v. CA
required by law Here, the 1st civil case’s cause of action was for unlawful detainer and damages, and
Failure to answer is not a cause for a Must be answered by the party against the legal issue of the right to physical possession of the premises or possession de
default declaration whom it is interposed otherwise, he may facto based on a contract of lease. In the 2nd civil case, the cause of action was
be declared in default as to the removal of the signboard in front of the petitioner’s stall, the refusal of private
counterclaim respondent to do so, etc. The claims in the latter case cannot be pleaded as a
Docket fees should be paid (A.M. No. Docket and other lawful fees should be compulsory counterclaim bec in the latter, the damages arose not from contract but
04-2-04SC revision/ see Korean paid from quasi-delict, constituting separate and distinct causes of action.
Technology case)
Sec.8 Cross-claim A cross-claim is any claim by one party against a co-party arising
HUERTA ALBA RESORT INC. v. CA out of the transaction or occurrence that is the subject matter either of the original
The rules of counterclaim are designed to enable the disposition of a whole action or of a counterclaim therein. Such cross-claim may include a claim that the
controversy of interested parties’ conflicting claims, at one time and in one action, party against whom it is asserted is or may be liable to the cross-claimant for all or
provided all parties be brought before the court and the matter decided w/o part of a claim asserted in the action against the cross-claimant.
prejudicing the rights of any party.

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 May be filed without leave of Court.
Any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a
counterclaim therein
Asserted by a DEFENDING PARTY a CO-DEFENDING PARTY, so that the latter may
be held liable for the claim for which the claimant seeks to recover from the
cross-claimant
Must be set up in the same action. If through oversight, inadvertence, or
excusable negligence, it is not asserted, it may still be set up w/leave of court
through amendment of the pleadings
o If not set up, will be BARRED, except:
1. When it is outside the jurisdiction of the court.
2. If the court cannot acquire jurisdiction over 3rd parties whose presence is
necessary for the adjudication of said cross-claim. In which case, the cross-
claim is considered permissive.
3. Cross-claim that may mature or may be acquired after service of the answer.
Sec.9 Counter-counterclaims and counter-crossclaims A counterclaim may be
asserted against an original counter-claimant.
A cross-claim may also be filed against an original cross-claimant.
COUNTER-COUNTERCLAIM: claim asserted against the original counterclaimant
COUNTER-CROSSCLAIM: filed against an original cross-claimant
Claim which a defending party may, with leave of court, file against a person who
is not yet a party to the action for contribution, indemnity, subrogation or any
other relief
Independent of, and separate and distinct from the plaintiff’s complaint
Purpose: to avoid circuitry of action and unnecessary proliferation of lawsuits and
of disposing expeditiously in one litigation all the matters arising from one
particular set of facts
BUT: trial courts are vested w/discretion to allow or disallow a party to an action
to implead an additional party
NOTE: the defendant in the Original action who impleads a 3rd party is BOTH a
defendant (with regard to the original plaintiff), and 3rd party plaintiff (with regard
to the third party impleaded).
TEST TO DETERMINE WHETHER THE 3RD PARTY COMPLAINT IS IN RESPECT OF THE
PLAINTIFF’S CLAIM:
1) Whether it arises out of the same transaction on which the plaintiff’s claim is
based, or although arising out of another or different transaction, is connected
with the plaintiff’s claim.
2) Whether the 3rd party defendant would be liable to the plaintiff or to the
defendant for all or party of the plaintiff’s claim against the original defendant;
and
3) Whether the 3rd party may assert any defenses w/c the 3rd party plaintiff has or
may have to the plaintiff’s claim.

Sec.10 Reply A reply is a pleading, the office or function of which is to deny, or CROSS CLAIM COUNTERCLAIM 3RD PARTY COMPLAINT
allege facts in denial or avoidance of new matters alleged by way of defense in the Against a co-party Against an opposing party Against a person not a
answer and thereby join or make issue as to such new matters. If a party does not party to the action
file such reply, all the new matters alleged in the answer are deemed controverted. Must arise out of the May arise out of or be Must be in respect of the
transaction that is the necessarily connected plaintiff’s claim
If the plaintiff wishes to interpose any claims arising out of the new matters so
subject matter of the w/the transaction or the
alleged, such claims shall be set forth in an amended or supplemental complaint.
original action or of a subject matter of the
counterclaim therein opposing party’s claim, in
A pleading, the function of which is to deny, or allege facts or avoidance of new w/c case, it is called a
matters alleged by way of defense in the answer and thereby joins or makes issue compulsory counterclaim,
as to such new matters or it may not, in w/c case
The filing of a reply to the answer is NOT MANDATORY and will not have an it is called permissive
adverse effect on the defendant. counterclaim
If a party does not file such reply, all the new matters alleged in the answer are NO NEED for leave of NO NEED for leave of WITH leave of court
deemed controverted (disputed) or denied. No admission follows from such failure court court
to file a reply. THE ALLEGATIONS OF NEW MATTERS OR MATERIAL
ALLEGATIONS OF THE ANSWER NEED NOT BE DENIED BECAUSE THEY ARE Sec.12 Bringing New Parties When the presence of parties other than those to the
DEEMED DENIED BY THE RULES FOR THE PLAINTIFF. original action is required for the granting of complete relief in the determination of
o Exceptions: the counterclaim or cross-claim, the court shall order them to be brought in as
1. Where the answer is based on an actionable document defendants, if jurisdiction over them can be obtained
2. Allegations of usury in a complaint
3. To set up affirmative defenses on the counterclaim
- If upon action of the pliantiff, through motion to amend complaint. If it is upon an
action of the defendant, summons must be served for the court to acquire
Sec.11 Third, (fourth, etc.)-party complaint A third (fourth, etc.) party complaint is jurisdiction.
a claim that a defending party may, with leave of court, file against a person not a
party to the action, called the third (fourth, etc.) party defendant, for contribution, Sec. 13 Answer to the third (fourth, etc.)-party complaint A 3rd (4th, etc)-party
indemnity, subrogation or any other relief, in respect of his opponent's claim. defendant may allege in his answer his defenses, counterclaims or cross-claims,
including such defenses that the 3rd (4th, etc)-party plaintiff may have against the

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original plaintiff’s claim. In proper cases, he may also assert a counterclaim against
the original plaintiff in respect of the latter’s claim against the 3rd party plaintiff
RULE 7- PARTS OF A PLEADING
SEC1: Caption The caption sets forth the name of the court, the title of the action,
and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in
the original complaint or petition; but 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.
Their respective participation in the case shall be indicated.
NTD-Sets forth the name of the court,
title of the action- names of the parties + respective participation in the
case (plaintiff /defendant); parties should be all named in the original
complaint, but in subsequent ones, it will be sufficient if the name of the
first party on each side but with indication that there are other parties.
docket number if assigned
SEC2: The Body The body of the pleading sets forth its designation, the allegations
of the party's claims or defenses, the relief prayed for, and the date of the pleading.
(a) Paragraphs. - The allegations in the body of a pleading shall be divided
into paragraphs so numbered as to be readily identified, each of which
shall contain a statement of a single set of circumstances so far as that can
be done with convenience. A paragraph may be referred to by its number
in all succeeding pleadings.
(b) Headings. - When two or more causes of action are joined, the
statement of the first shall be prefaced by the words "first cause of action,"
of the second by "second cause of action," and so on for the others.
When one or more paragraphs in the answer are addressed to one of
several causes of action in the complaint, they shall be prefaced by the
words "answer to the first cause of action" or "answer to the second cause
of action" and so on; and when one or more paragraphs of the answer are
addressed to several causes of action, they shall be prefaced by words to
that effect.
(c) Relief. - The pleading shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be deemed just or
equitable.
(d) Date. - Every pleading shall be dated.
DApRD
-Sets forth its designation
allegations of the party’s claims or defences- shall be divided into
paragraphs so numbered.
- each paragraph shall contain a statement of a single set of
circumstances; when 2 or more causes of action are joined, the first cause
of action shall be prefaced by the words “first cause of action” and so
forth, this is referred to as headings
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reliefs prayed for- oftentimes referred to as the prayer; does not constitute
the statement of the cause of action
-is the manner of relief sought from the defendant (i.e. is it
damages, specific performance, rescission, etc.)
-Court may grant a relief not prayed for as long as the relief is
warranted by the allegations of the complaint and the proof. BUT
“other relief as may be deemed just and equitable” does not
grant the judge unbridled power. There should be some logical
connection with the relief sought/facts of the case, and the award
given.
date of the pleading
-Court may grant a relief not prayed for as long as the relief is warranted by the
allegations of the complaint and the proof.
SEC3: Signature and Address Every pleading must be signed by the party or counsel
representing him, stating in either case his address which should not be a post office
box.
The signature of counsel constitutes a certificate by him that he has read the
pleading; that to the best of his knowledge, information, and belief there is good
ground to support it; and that it is not interposed for delay.
An unsigned pleading produces no legal effect. However, the court may, in its
discretion, allow such deficiency to be remedied if it shall appear that the same was
due to mere inadvertence and not intended for delay. Counsel who deliberately files
an unsigned pleading, or signs a pleading in violation of this Rule, or alleges
scandalous or indecent matter therein, or fails to promptly report to the court a
change of his address, shall be subject to appropriate disciplinary action.
-Complaint must be signed by the plaintiff or the counsel representing him,
indicating his address (should not be a post office box)
NOTE: to be the counsel of record, you should file an entry of appearance with the
court.
-In case there is a change of address, but without proper notice to the court, service
upon the parties must be made at the last address of their counsel of record.
-EFFECT OF UNSIGNED PLEADING: produces no legal effect. Court may allow
pleader to correct deficiency if the pleader shows the court that the failure to sign
was due to mere inadvertence and not to delay proceedings.
-Signature of counsel constitutes a certificate by him that he has:
¬read the pleading
¬that to the best of his knowledge, information and belief, there is good
ground to support it
¬it is not interposed for delay
-Counsel who deliberately files an unsigned pleading, signs a pleading in violation of
the Rules, alleges in the pleading scandalous or indecent matter or when he fails to
promptly report to the court a change of his address shall be subject to appropriate
disciplinary action
-Counsel’s authority and duty to sign a pleading is personal to him and may NOT
delegate it
-Counsel’s signature must indicate his: IBP, PTR, Roll, MCLE and MLAS numbers.
SEC4: Verification Except when otherwise specifically required by law or rule,
pleadings need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that
the allegations therein are true and correct of his personal knowledge or based on
authentic records.
A pleading required to be verified which contains a verification based on
"information and belief," or upon "knowledge, information and belief," or lacks a
proper verification, shall be treated as an unsigned pleading.
(as amended by A.M. No. 00-2-10, May 1, 2000)
GEN. RULE: pleadings need not be under oath, verified or accompanied by affidavit
(like, a complaint need not be verified)
EXCEPT: if specifically provided by law or rule (i.e. special civil actions, provisional
remedies, actionalble documents and pleadings in summary proceedings)
NOTE: in actual practice, the verification and the certification usually go hand in
hand.
-Pleading is verified by an affidavit declaring that:
¬affiant has read the pleading
¬allegations therein are true and correct of his personal knowledge or
based on authentic records
-Verification is an assurance that the allegations in a pleading are true and correct
and not the product of imagination or a matter of speculation and that the pleading
is filed in good faith.
-Absence of required verification is cause to treat the pleading as unsigned; may be
corrected by requiring an oath
-Absence of verification or non-compliance with the verification requirement does
NOT necessarily render pleading defective. it is only a FORMAL requirement.
-Who should verify? -> CLIENT! ALL clients should sign. in case of spouses, both
should sign; juridical entity, person or officer named in a board resolution; non-
juridical entity, members.
-Prayer for provisional remedy (eg. injunction, attachment, etc.)- needs verification!
-if verification is required by law and party failed to verify->court dismissal
GEN. RULE: case can be re-filed
EXCEPT: if case is an appeal case that needs verification, dismissal is final
and executory
SEC5: Certificate Against Forum Shopping The plaintiff or principal party shall certify
under oath in the complaint or other initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and simultaneously filed therewith: (a)
that he has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein; (b) if there is such
other pending action or claim, a complete statement of the present status thereof;
and (c) if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) days therefrom to
the court wherein his aforesaid complaint or initiatory pleading has been filed.
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Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or non-compliance with any of
the undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions. If the acts of the
party or his counsel clearly constitute willful and deliberate forum shopping, the
same shall be ground for summary dismissal with prejudice and shall constitute
direct contempt, as well as a cause for administrative sanctions.
-Forum Shopping: when as a result of an adverse opinion in one forum, a party
seeks a favourable opinion other than by appeal or certiorari in another
:when a party institutes 2 or more suits in different courts, either
simultaneously or successively in order to ask courts to rule on the same
or related causes and/or grant the same or substantially the same reliefs
on the supposition that one or the other court would make a favourable
disposition or increase a party’s chances of obtaining a favourable decision
or action.
TEST to determine EXISTENCE of forum shopping: whether in the 2 or more cases
pending there is identity in terms of the following:
¬identity of parties
¬identity of rights or causes of action
¬identity of reliefs sought
Three WAYS OF COMMITTING forum shopping:
1. Filing multiple cases based on the same cause of action and with the
same prayer, the previous not having been resolved (litis pendentia)
2. Filing multiple cases based on the same cause of action and with the
same prayer, the previous not having been resolved with finality (res
judicata)
3. Filing multiple cases based on the same cause of action but with
different prayers (splitting of cause of action where the ground for
disimissal is also litis pendentia or res judicata)
-Certificate against forum shopping is also MANDATORY in filing a complaint and
other initiatory pleadings (permissive counterclaim, cross-claim, third party
complaint, complaint-in-intervention and petition or application wherein the party
asserts his claim for reliefs)
-EFFECT of NON-COMPLIANCE: not curable by mere amendment and shall be a
cause for dismissal of action without prejudice (it MAY be refiled) unless otherwise
provided upon motion and after hearing- NOT motu proprio dismissal!
-Effect of submission of false certification or non-compliance with undertakings:
indirect contempt and without prejudice to the filing of administrative and criminal
actions against the counsel.
-If there is WILLFUL and DELIBERATE forum shopping: ground for summary
dismissal and with prejudice and shall constitute direct contempt and cause for
administrative sanctions
RULE 8- MANNER OF MAKING ALLEGATIONS IN A PLEADING
Sec.1 In general. Every pleading shall contain in a methodical and logical form a
plain, concise and direct statement of the ultimate facts on w/c the party pleading
relies for his claim or defense, as the case may be, omitting the statement of mere
evidentiary facts.
If a defense relied on is based on law, the pertinent provisions thereof and their
applicability to him shall be clearly and concisely stated.
EVIDENTIARY FACTS: necessary to prove the ultimate fact or w/c furnish
evidence of the existence of some other facts (should NOT be part of a pleading;
except actionable docs.)
ULTIMATE FACTS: directly form the bases of the right sought to be enforced or
the defense relied upon
Test to distinguish conclusion of law from statement of facts:
o If from the facts in evidence, the result can be reached by the process of
natural reasoning adopted in the investigation of the truth, it becomes an
ultimate fact.
o If, on the other hand, resort must be had to artificial processes of law in order
to reach a final determination, it is a conclusion of law.
Sec.2 Alternative causes of action or defenses A party may set forth 2 or more
statements of a claim or defense alternatively or hypothetically, either in 1 cause of
action or defense or in separate causes of action or defenses.
When 2 or more statements are made in the alternative and 1 of them if made
independently would be sufficient, the pleading is not made insufficient by the
insufficiency of 1 or more of the alternative statements.
Recognizes that the liability of the defendant may possibly be based on either 1 of
2 possible causes of action, stated in the same pleading, delineated into separate
paragraphs.
Sec.3 Conditions precedent In any pleading, a general averment of the performance
or occurrences of all conditions precedent shall be sufficient
A general statement that a condition precedent has been complied with.
Failure to comply w/a condition precent is an independent ground for a motion to
dismiss: that a condition precedent has not been complied with
Sec.4 Capacity Facts showing the capacity of a party to sue or be sued or the
authority of a party to sue or be sued in a representative capacity or the legal
existence of an organized association of persons that is made a party, must be
averred.
A party desiring to raise an issue as to the legal existence of any party or the
capacity of any party shall do so by SPECIFIC DENIAL, w/c shall include specific
particulars as are peculiarly w/in the pleader’s knowledge.
Sec.5 Fraud, Mistake, Condition of the Mind In all averments of fraud or mistake,
the circumstances constituting fraud or mistake must be stated with particularity.
Malice, intent, knowledge or other condition of the mind of a person may be averred
generally.
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The circumstances constituting fraud or mistake must be stated with particularity
= not enough for the complain to allege that he was defrauded by the defendant.
Must be specific! With details and particulars
Malice, intent, knowledge of the mind = may be alleged generally but must be
coupled w/an overt (manifest) act
Sec.6 Judgment In pleading a judgment or decision of a domestic or foreign court,
judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter showing jurisdiction to render it.
(Disputable) legal presumption that the Court acted within its competent
jurisdiction.
No need to allege matters showing the jurisdiction to render the judgment or
decision.
FACTS THAT MAY BE AVERRED GENERALLY:
1) Conditions precedent (BUT there must still be an allegation that the specific
condition precedent has been complied w/, otherwise, it will be dismissed for lack
of cause of action);
2) Capacity to sue or be sued;
3) Capacity to sue or be sued in a representative capacity;
4) Legal existence of an organization;
5) Malice, intent, knowledge or other condition of the mind
6) Judgments of domestic and foreign courts, tribunals, boards, or officers
7) Official document or act
FACTS THAT MUST BE AVERRED PARTICULARLY: circumstances showing fraud or
mistake
Sec.7 Action or defense based on document Whenever an action or defense is based
upon a written instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or a copy thereof shall
be attached to the pleading as an exhibit, which shall be deemed to be a part of the
pleading, or said copy may with like effect be set forth in the pleading.
ACTIONABLE DOCUMENT: written instrument upon w/c the action of defense is
based, or upon which your right is rooted.
Sufficient to aver that the document or act was issued in compliance w/law.
2 PERMISSIBLE WAYS OF PLEADING ACTIONABLE DOCUMENT:
(a) Set forth in the pleading the SUBSTANCE of the instrument or the
document, and to attach the original or the copy of the document to the pleading
as an exhibit w/c shall form part of the pleading; or
(b) With like effect, to set forth said document in verbatim in the pleading.
NOTE: in actual practice, always attach a copy of the original document.
Sec.8 How to contest such document When an action or defense is founded upon a
written instrument, copied in or attached to the corresponding pleading as provided
in the preceding section, the genuineness and due execution of the instrument shall
be deemed admitted unless the adverse party, under oath, specifically denies them,
and sets forth what he claims to be the facts; but the requirement of an oath does
not apply when the adverse party does not appear to be a party to the instrument
or when compliance with an order for an inspection of the original instrument is
refused.
GEN. RULE: The party who has no intent of admitting the genuineness and due
execution of the document, must contest the same by:
(a) Specifically denying the genuineness and due execution of the document
under oath, (meaning set forth in an affidavit) and
(b) Setting forth what he claims to be the facts.
EXCEPT: The requirement of a specific denial under oath will not apply when:
(a) When the adverse party does not appear to be a party to the document, or
(b) When compliance w/an order for an inspection of the original instrument is
refused
When a party is deemed to have admitted the genuineness and due execution of
an actionable document, defenses that are implied from said admission are
necessarily waived like the defenses of forgery, lack of authority to execute the
document, that the party charged signed the document in some other capacity
than that alleged in the pleading, or that the document was never delivered.
The ff defenses, among others, may be interposed despite the implied admission of
the genuineness and due execution of the document:
(a) Payment
(b) Want of consideration
(c) Illegality of consideration
(d) Usury
(e) Fraud
These are not inconsistent w/the admission of genuineness and due
execution of the instrument and are not, therefore, barred.
GENUINENESS means that the instrument is:
1. Not spurious, counterfeit, or of diff import on its face from the one executed by
the party; or
2. That the party whose signature it bears has signed it; and
3. That at the time of it was signed, it was in words & figures exactly as set out in
the pleadings.
DUE EXECUTION means that document was:
1. Signed voluntarily & knowingly by the party whose signature appears thereon;
2. That if signed by somebody else such representative had the authority to do so;
3. That it was duly delivered, and that the formalities were complied with.
KALILID WOOD INDUSTRIES CORP v. IAC
In this case, the trial court found Kalilid liable to respondent Bank for the obligations
contracted under both promissory notes. This was based on the failure of the Kalilid
to verify its answer, amounting to an admission and the fact that the 2 notes were
signed by the 2 officers both for and in behalf of the former Kalilid and in their own
personal capacities. But the trial court erred in expanding the scope of petitioner
Kalilid's implied admission of genuineness and due execution so as to include the
two Statements of Account annexed to the complaint.
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Rule 8, Section 8 provides that when an action or defense is founded upon a written
instrument, copied in or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the instrument shall be
deemed admitted unless the adverse party, under oath, specifically denies them,
and sets forth what he claims to be the facts; but this provision does not apply when
the adverse party does not appear to be a party to the instrument or when
compliance with an order for an inspection of the original instrument is refused. The
Statements of Account were prepared solely by PBC, and no signature of the other
party was found therein. It follows that Kalilid, not having been privy thereto, did
not admit the genuineness and due execution of the Statements in spite of its failure
to verify its answer to the complaint, and that Kalilid is not conclusively bound by
the charges nor by the computations of amounts set out therein.
Sec.9 Official Document or Act In pleading an official document or official act, it is
sufficient to aver that the document was issued or the act done in compliance with
law.
Sec.10 Specific Denial A defendant must specify each material allegation of fact the
truth of which he does not admit and, whenever practicable, shall set forth the
substance of the matters upon which he relies to support his denial. Where a
defendant desires to deny only a part of an averment, he shall specify so much of it
as is true and material and shall deny only the remainder. Where a defendant is
without knowledge or information sufficient to form a belief as to the truth of a
material averment made in the complaint, he shall so state, and this shall have the
effect of a denial.
Are DENIALS of particular allegations [i.e. “par. 2 is denied, as you will see
in the affirmative defenses hereunder”]
Modes of Denial:
a) the 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 he will rely upon to support his denial.
- To make the defendant disclose the matters alleged in the complaint
which he intends to disprove at the trial.
b) When a pleader desires to deny only a part or a qualification of an
averment, he shall specify so much of it as is true and material and he
shall deny the remainder.
To abolish “Negative Pregnants” –a form of denial which at the same time
involves an affirmative implication favorable to the opposing party. A
denial pregnant with an admission of the substantial facts in the pleading
responded to. It arises when:
a. there is a too literal denial of the allegations, which merely denies
the form of the pleading and not its substance.
b. When a fact is alleged in qualifying or modifying language, and
the words of the allegation as so qualified or modified are literlaly
denied. In such a case the qualifying circumstances alone are
denied while the fact itself is admitted.
[i.e. “he never claimed ownership of the property in the manner
alleged in the complaint” which is equivalent to an admission]
 c) When the defendant is without knowledge or information sufficient to form
a belief as to the truth of a material averment made in the complaint, he
shall so state, and this shall have the effect of a denial.
Requisites:
1. It is indispensable that the matter regarding which there is a lack of
knowledge be clearly specified, so the adversary may know what is denied.
2. The denial must only refer to matters which are not plainly and
necessarily within the defendants knowledge, otherwise it shall be deemed
an admission. (defendant must positively state how it is that he is ignorant
of the facts as aslleged).
3. the setting up of special defenses which are evasive and do not touch
the heart of the controversy is a strategy that cannot be allowed.
NOTE: failure to deny estops defendant from questioning allegations.
Sec.11. Allegation not specifically denied deemed admitted Material averment in the
complaint, other than those as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied. Allegations of usury in a complaint to
recover usurious interest are deemed admitted if not denied under oath.
GEN. RULE: Allegations NOT specifically denied are deemed admitted, except...
The following are not deemed admitted by failure to deny:
a. Immaterial allegations [i.e. allegations by way of anticipation of
defense]
b. Incorrect conclusion of facts drawn from the facts set out in the
complaint.
c. Conclusions of law
d. General averment contradicted by specific averment.
e. Unliquidated damages
f. Default
g. Annullment of marriage
h. Legal Separation
(the last 3 cases must be proved by the plaintiff)
Admissions may be withdrawn by amendments! –the original pleadings are
superceded by the amended pleading. However, admissions in superceded pleadings
may be received in evidence against the pleader, and claims or defenses alleged
therein not incorporated in the amended pelading shall be deemed waived.
- Admissions may be contradicted by showing palpable mistake or that no such
admission was made.
Sec.12. Striking out the pleading or matter contained therein Upon motion made by
a party before responding to a pleading or, if no responsive pleading is permitted by
these Rules, upon motion made by a party within twenty (20) days after the service
of the pleading upon him, or upon the court's own initiative at any time, the court
may order any pleading to be stricken out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter be stricken out therefrom.
The court may order any pleading to be stricken out or that any sham or false,
redundant, immaterial, impertinent, scandalous matter be stricken out therefrom
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May be done:
a) upon motion to strike by a party before responding to a pleading, or
b) if no responsive pleading is permitted, upon motion by a party w/in 20 days
after the service of the pleading upon him, or
c) upon the court’s own initiative at any time
EFFECT: the items stricken out will no longer appear in the pleading.
RULE 9- EFFECT OF FAILURE TO PLEAD
Sec. 1. Defenses and Objections not Pleaded. Defenses and objections not pleaded
either in a motion to dismiss or in the answer are deemed waived. However, when it
appears from the pleadings or the evidence on record that the court has no
jurisdiction over the subject matter, that there is another action pending between
the same parties for the same cause, or that the action is barred by a prior
judgment or by statute of limitations, the court shall dismiss the claim.
GEN. RULE: Defenses and Objection not raised in a motion to dismiss or in the
answer are deemed waived
EXCEPTIONS: lack of jurisdiction over subject matter
litis pendentia
res judicata
prescription of the action
-Defenses may be raised at any stage of the proceedings even for the first time on
appeal.
EXCEPT when it is barred by laches (Tijam v Sibonghanoy)
Sec. 2. Compulsory Counterclaim or cross-claim, not set up barred. A compulsory
counterclaim, or a cross-claim, not set up shall be barred.
-Amended answer is proper if the counterclaim or cross-claim already existed at the
time the original answer was filed, but due to oversight, inadvertence or excusable
neglect, it was not set up. (see Rule 11 sec. 10)
-Supplemental answer is proper if the counterclaim or cross-claim matures or is
acquired after the answer is filed.
Sec. 3. Default; declaration of. If the defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the claiming party with notice to
the defending party, and proof of such failure, declare the defending party in
default. Thereupon, the court shall proceed to render judgment granting the
claimant such relief as his pleading may warrant, unless the court in its discretion
requires the claimant to submit evidence. Such reception of evidence may be
delegated to the clerk of court.
(a) Effect of order of default. - A party in default shall be entitled to notice
of subsequent proceedings but not to take part in the trial.
(b) Relief from order of default. - A party declared in default may at any
time after notice thereof and before judgment file a motion under oath to set aside
the order of default upon proper showing that his failure to answer was due to
fraud, accident, mistake or excusable negligence and that he has a meritorious
defense. In such case, the order of default may be set aside on such terms and
conditions as the judge may impose in the interest of justice.
(c) Effect of partial default. - When a pleading asserting a claim states a
common cause of action against several defending parties, some of whom answer
and the others fail to do so, the court shall try the case against all upon the answers
thus filed and render judgment upon the evidence presented.
(d) Extent of relief to be awarded. - A judgment rendered against a party
in default shall not exceed the amount or be different in kind from that prayed for
nor award unliquidated damages.
(e) Where no defaults allowed. - If the defending party in an action for
annulment or declaration of nullity of marriage or for legal separation fails to
answer, the court shall order the prosecuting attorney to investigate whether or not
a collusion between the parties exists, and if there is no collusion, to intervene for
the State in order to see to it that the evidence submitted is not fabricated.
a. Party declared in default loses his standing in court, which means he is
no longer allowed to participate in the conduct of the proceedings (it
doesn’t mean that he has lost the case).
b. Defendant still entitled to notices of subsequent proceedings
c. Not an admission of truth or validity of plaintiff’s claims
EFFECT of PARTIAL default- court shall try the case against all the defending parties
based on answers files and render judgment upon the evidence presented where the
claim states a common cause of action against them.
-When the party is declared in default, the court may either: proceed to render
judgement, or require plaintiff to present evidence ex parte. The choice is a matter
of judicial discretion.
-Rules provide for discretion on the part of court to extend time for filing and allow
an answer to be filed after reglementary period.
Default in Ordinary Procedure

-Default: if the DEFENDING party fails to answer within the reglementary period (a After the lapse of Motion Denied,
period set by law within which one must act or comply).
time to file an defendant
answer, the plaintiff allowed to file
Two STAGES of default
may move to declare an answer.
a. Declaration of order of default: issued by court on plaintiff’s motion;
interlocutory; not appealable the defendant in
b. Rendition of judgment by default: rendered by court following default default
order or after it received plaintiff’s evidence ex parte; final; appealable

GEN. RULE: Default order and consequently default judgment is triggered by the
failure of the defending party to file required answer
EXCEPT: judgment by default may be rendered in the following cases despite an Motion Granted,
answer having been filed:
Court issues Order of
¬if party refuses to obey an order requiring him to comply with various
Default and renders
modes of discovery
judgment or requires
¬if a party or officer or managing agent of a party wilfully fails to appear
before the officer who is to take his deposition plaintiff to submit
evidence ex parte.
REQUISITES before a party may be declared in default
a. Court must have validly acquired jurisdiction over person of defendant
(time of service, as proved by the Sheriff’s Return, delivered to the counsel
of the plaintiff within 5 days from service).
Before judgment by default, defendant
NOTE: see Columbus v Vasquez (?) - Due to improper service of summons, the
may:
Court never acquired jurisdiction over the defendant and all the subsequent
1. move to set aside Order of Default
proceedings were deemed VOID. Court maintains
upon showing FAME and the presence of
Order of
b. Defending party must have failed to file his answer with the a meritorious defense.
Default.
reglementary period or within period fixed by court 2. Avail of Rule 65 in certain cases.
c. There must be a motion to declare the defending party in default filed by
the claiming party
d. Defending party must be notified of the motion to declare him in default
e. There must be proof of failure to file the answer
f. There must be a hearing of the motion to declare defendant in default
-Court has no authority to motu proprio declare defendant in default Court sets aside Presentation of
Order of Default and plaintiff’s
EFFECT of order/declaration of default defendant is allowed evidence ex
to file an answer. parte, and
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 Judgment by default

Motion for New Trial

or reconsideration any
REMEDIES of a party declared in default: time after service of
judgment by default
a. AFTER notice of order and BEFORE judgment: defendant must file within 15 days
motion under oath to set aside order of default and show that failure to therefrom.
answer was due to fraud, accident, mistake or excusable negligence and
that he has a meritorious defense
Failure to file motion
FRAUD- must be extrinsic fraud, which occurs outside pleadings, and for new trial/denial of
attempts to deprive the defendant of his day in Court. said motion.
MISTAKE- i.e. filing in the wrong court or served upon wrong party.
EXCUSABLE NEGLECT- i.e. moved offices and files were left behind.
b. AFTER judgment and BEFORE judgment becomes final and executory: Perfect Appeal from
defendant may file motion for new trial under R37 or appeal from the judgment by default
judgment as being contrary to the evidence or the law within the balance of
c. AFTER judgment becomes final and executory: file petition for relief 15d period.
from judgment under R38

Remedies from judgment by default Failure to appeal

without defendants
fault.

Petition for Relief from

Judgment within 60d
from notice of
judgment, within 6m
from entry.

Annulment of
Judgment under Rule
47

Rights of party in default: entitled to notice of

a. Motion to declare him in default
b. Order declaring him in default
c. Subsequent proceedings
d. Service of final orders and judgments
Judgment rendered against a party in default shall
¬not exceed the amount or
¬be different in kind from that prayed for, nor
¬award unliquidated damages

NO DEFAULT in: annulment, declaration of nullity of marriage and legal separation.

if no answer filed in said cases, prosecuting attorney to investigate w/n collusion
exists between parties.

RULE 10- AMENDED & SUPPLEMENTAL PLEADINGS

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Sec.1 Amendments in General. Pleadings may be amended by adding or striking out
an allegation or the name of any party, or by correcting a mistake in the name of a
party or a mistaken or inadequate allegation or description in any other respect, so
that the actual merits of the controversy may speedily be determined, without
regard to technicalities, and in the most expeditious and inexpensive manner.
Pleadings may be amended by:
1. adding an allegation of a party
2. adding the name or substitution of a party
3. striking out an allegation of a party
4. striking out the name of a party
5. correcting a mistake in the name of a party
6. correcting a mistake or inadequate allegation or description in any other respect
will allow changes and revisions on a PLEADING
pleadings may be amended at any stage of the proceedings
TYPES of Amendment:
1. Amendment as a Matter of Right- The party has the unconditional right to
amend his pleading. The court has no right to prevent him from amending.
The opposite party has no right to oppose the amendment.
2. Amendment as a matter of Judicial Discretion- the court may or may not allow
the amendment. The other party has the right to oppose (Amendment by
Leave of Court)
Sec.2 Amendment as a matter of right. A party may amend his pleading once as a
matter of right at any time before a responsive pleading is served or, in the case of
a reply, at any time within ten (l0) days after it is served.
INSTANCES when amendment is a matter of RIGHT
1. Amendment of Complaint BEFORE an answer is filed.
2. Amendment of an Answer before a REPLY is filed, or before the period for
filing a reply expires.
3. Amendment of Reply any time WITHIN 10d after iti s served, and
4. Formal Amendment
Plaintiff has the right to amend the complaint ONCE at any time BEFORE A
RESPONSIVE PLEADING is served by the other party
o In case of a REPLY to w/c there is no responsive pleading, at any time w/in 10
days after it is served.
o Defendant may also amend his ANSWER, also as a matter of right, before a
reply is served upon him
Pertains to amendments made before the trial court, not the CA
o CA: discretion to admit or deny amended petitions filed before it
File a NOTICE TO AMEND w/attached amended pleading = court must grant
o Must contain marks signifying the changes
The party has an absolute right to amend his pleading substantially as when he
introduces a new cause of action or change in theory
A MOTION TO DISMISS IS NOT A RESPONSIVE PLEADING!
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If a motion to dismiss is filed, an amendment to the complaint would still be a
matter of right
AMENDMENT TO CURE A JURISDICTIONAL DEFECT BEFORE A RESPONSIVE
PLEADING IS SERVED
Pleader has the right to do so!
But if a responsive pleading has already been filed, the amendment cannot be
validly done w/o leave of court
o A complaint cannot be amended to confer jurisdiction where an answer has
already been filed
Sec.3 Amendments by leave of court. Except as provided in the next preceding
section, substantial amendments may be made only upon leave of court. But such
leave may be refused if it appears to the court that the motion was made with intent
to delay. Orders of the court upon the matters provided in this section shall be made
upon motion filed in court, and after notice to the adverse party, and an opportunity
to be heard.
Leave of court is REQUIRED for an amendment made AFTER service of a
responsive pleading OR if the amendment is SUBSTANTIAL.
Requisites:
(a) A MOTION TO AMEND must be filed in court;
(b) Notice to the adverse party
(c) Opportunity to be heard afforded to the adverse party
AMENDMENT TO CURE A FAILURE TO STATE A CAUSE OF ACTION
If the complaint failed to aver the fact that certain conditions precedent were
undertaken and complied w/, the failure to so allege the same may be corrected
by an amendment of the complaint.
Provision also covers the situations where, to conform to evidence not objected to
by the adverse party, the pleadings are sought to be amended on motion of a
party. Thus, a complaint w/c fails to state a cause of action may be cured by
evidence presented during the trial.
Instances when amendment by Leave of Court MAY NOT BE ALLOWED:
1. When the cause of action, defense or theory of the case is changed.
2. Amendment intended to confer jurisdiction to the court.
3. Amendment to cure a premature or nonexistent cause of action
4. Amendment for purposes of delay.
SIASOCO v. CA
Petitioners decided to sell their property first w/INC, whom they failed to reach an
agreement with. They sold it to Carissa Homes instead. INC filed a case against
petitioners & Carissa Homes. CH filed an answer but before Siasoco could file, CH &
INC reached an agreement, thus INC amended their complaint to drop CH from the
case. Siasoco then sought to strike out the amended complaint bec a responsive
pleading was already filed by CH.
SC held that INC could still amend their complaint as a matter of right bec Siasoco
had yet to file a responsive pleading. Rule 10, Sec.3 holds that an amended
pleading may be rejected after a responsive pleading has been filed when the
defense has been substantially altered. Doing so would prejudice the right of the
defendant and delays the proceedings.
ZARATE v. RTC
Private respondents foreclosed the mortgage over Zarate’s lots and the latter filed
an action to annul bec of DBP already had a prior mortgage over them, making it
exempt from execution or attachment. DBP then filed a motion to intervene, and
subsequently exercised its right to foreclose the lots. This prompted the private
respondents to file a motion to drop themselves from the case or to dismiss it
alleging that the complaints had been rendered moot & academic. DBP also filed a
motion to withdraw their complaint in intervention. Zarate filed a motion to amend
their complaint in order to allege that the execution sale was invalid bec the
respondents failed to comply w/the notice requirements. RTC denied the motion to
amend & ordered the dismissal of the case.
SC held the RTC did not err in denying the motion bec the present case had been
rendered moot & academic by the foreclosure by the DBP w/c nullified the sale of
private respondents. An order granting or denying a motion to amend the complaint
on substantial matters is discretionary on the court.
Sec.4 Formal amendments. A defect in the designation of the parties and other
clearly clerical or typographical errors may be summarily corrected by the court at
any stage of the action, at its initiative or on motion, provided no prejudice is
caused thereby to the adverse party.
A defect in the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by COURT at any stage of the
action, at ITS INITIATIVE or ON MOTION, provided no prejudice is caused thereby
to the adverse party
Sec. 5 Amendment to conform to or authorize presentation of evidence. When
issues not raised by the pleadings are tried with the express or implied consent of
the parties, they shall be treated in all respects as if they had been raised in the
pleadings. Such amendment of the pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues may be made upon motion of any
party at any time, even after judgment; but failure to amend does not affect the
result of the trial of these issues. If evidence is objected to at the trial on the ground
that it is not within the issues made by the pleadings, the court may allow the
pleadings to be amended and shall do so with liberality if the presentation of the
merits of the action and the ends of substantial justice will be subserved thereby.
The court may grant a continuance to enable the amendment to be made.
In the event that a party presents evidence on a matter not in issue, the adverse
party has a reason to object.
When issues not raised in the pleadings are tried w/the express or implied consent
of the parties, such as when no objection is made by either, such issues not raised
shall be treated as if they had been raised in the pleadings. Pleadings may be
amended to conform to the evidence (faliure to amend does not affect the result of
the trial of these issues.)
2 SITUATIONS:
1) Evidence is introduced on an issue not alleged in the pleadings and no objection
was interposed by the other party.
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2) Evidence is offered on an issue not raised in the pleadings but an objection was
interjected.
a. Rule: the court may nevertheless admit the evidence where the objecting party
fails to show that the admission of evidence would prejudice him in his defense.
NO AMENDMENT WHERE NO CAUSE OF ACTION EXISTS
A complaint that lacks a cause of action at the time it was filed cannot be cured
by the accrual of a cause of action during the pendency of the case.
The curing effect under Rule10, Sec.5 only applies if a cause of action in fact
exists at the time the complaint is filed, but the complaint is defective for failure
to allege the essential facts.
Where the complaint was filed at a time where no cause of action has yet accrued
in favor of the plaintiff, an amendment cannot cure the defect. The reason is bec
there is no cause of action to cure where there is none in the first place.
AMENDMENT TO THE PLEADING CAN STILL BE DONE AFTER JUDGMENT
As long as the other party does not object
Purpose: consistency in the records needed when it gets appealed to higher
courts
CHUA v. CA
Private respondent filed a case for unlawful detainer against Chua. In ruling for the
former, the CA ruled that Chua also owed them unpaid rentals. Chua claims that the
CA erred bec neither the letter of demand nor the complaint alleged a claim for
unpaid rentals. Private respondent claims that the issue of unpaid rentals was raised
at the pre-trial by himself and evidence on this question was not objected to by the
petitioner.
SC ruled that the unpaid rentals may be awarded bec any objection to the
admissibility of evidence should be made at the time it was offered or as soon as the
objection to its admissibility becomes apparent, or else it will be considered as
waived & such evidence will form part of the records of the case. Rule 10, Sec.5
allows the amendment of the pleadings in order to make them conform to the
evidence in record.
Sec.6 Supplemental Pleadings. Upon motion of a party the court may, upon
reasonable notice and upon such terms as are just, permit him to serve a
supplemental pleading setting forth transactions, occurrences or events which have
happened since the date of the pleading sought to be supplemented. The adverse
party may plead thereto within ten (10) days from notice of the order admitting the
supplemental pleading.
Are those which aver facts occuring after the filing of the original pleadings which
are material to the matured claims alleged.
Cause of action stated should be the same as that stated in the original.
One w/c sets forth transactions, occurrences, or events w/c have happened SINCE
THE DATE OF THE PLEADING sought to be supplemented.
Requires leave of court = court will allow only upon such terms that are just
QUESTION: Was the fact or occurrence existing at the time of the filing of the
pleading?
o If YES = amendment
o If NO = supplemental pleading
Option 1: file a supplemental pleading
 File a new case Cease to be judicial admissions and are considered as extra-judicial admissions.
However, admissions in superseded pleadings may be received in evidence
AMENDED PLEADING SUPPLEMENTAL PLEADING against the pleader.
Refers to the facts existing AT Refers to the facts arising Claims or Defenses not incorporated or reiterated in the amended pleading are
THE TIME of the AFTER THE FILING of the deemed waived.
commencement of the action. original pleading. NOTE: Admission in a superseded pleading is an EXTRAJUDICIAL ADMISSION and
Takes the place of the original Taken together w/the original may be proved by the party relying on such by formal offer in evidence.
pleading pleading
Can be made as a matter of Always w/leave of court WHEN SUMMONS NOT REQUIRED AFTER COMPLAINT IS AMENDED
right as when no responsive Although the original pleading is deemed superseded by the pleading that amends
pleading has been filed it, it does not ipso facto follow that service of new summons is required.
When an amended pleading is A supplemental pleading does o Where the defendants have already appeared before the trial court by virtue of
filed, a new copy of the entire not require the filing of a new a summons in the original complaint, the amended complaint may be served
pleading must be filed. copy of the entire pleading. upon them w/o need of new summons, even if new causes of action are
alleged.
ARB CONSTRUCTION CO. & MOLINA v. CA If a new defendant is impleaded, summons must be served upon him so that the
Here, TBSS filed a complaint for preliminary injunction against ARB praying that court m ay acquire jurisdiction over his person.
their contracts would be declared as still subsisting. ARB filed an answer. TBSS filed
a motion for leave to file attached amended and supplemental complaint stating that NOTE: If the amendment is above the jurisdictional amount of the court (ex. For
it now wanted to pursue a case for Sum of Money & Damages, and that it would not damages), if it is in the MTC = CANNOT BE = DISMISSED; but if in RTC = SKY’S
substantially alter its cause of action as both the original & amended are based on THE LIMIT!
the same set of facts. ARBC opposed, stating that the cause of action was
substantially altered. RTC granted the motion. VERSOZA v. CA
SC ruled that the amendatory allegations are mere amplifications of the cause of For purposes of determining the commencement of a suit, the original complaint is
action for damages. An amendment will not be considered as stating a new cause of deemed abandoned and superseded by the amended complaint only if the amended
action if the facts alleged in the amended complaint show substantially the same complaint introduces a new or different cause of action or demand. Hence, it is held
wrong w/respect to the same transaction, or where averments w/c were implied are that an amendment w/c merely supplements & amplifies the facts originally alleged
made in expressed terms, and the subject of the controversy or the liability sought relates back the date of the commencement of the action & is not barred by the
to be enforced remains the same. statute of limitations. It is the actual filing in court that controls and not the date of
In the original complaint, TBSS prays, “for such other reliefs that are considered just the formal admission of the amended pleading.
& equitable under the premises.” This is a “catch-all” phrase w/c covers the In this case, the Amended Complaint only rectified the lack of verification and
amplifications & additional averments in the amended & supplemental complaint. impleaded Martinez, who had purchased the contested property from petitioner.
There being no new issues introduced, the present suit is deemed to have
commenced on the date of the filing of the original complaint.
Sec.7 Filing of amended pleadings. When any pleading is amended, a new copy of
the entire pleading, incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed.

When any pleading is amended, a new copy of the entire pleading, incorporating
the amendments, w/c shall be indicated by appropriate marks, shall be filed.
Amendment which merely supplements and amplifies facts originally alleged in
the complaint relates back to the date of the commencement of the action and is
not barred by the statute of limitations which expired after service of the original
complaint.
Sec.8 Effect of amended pleading. An amended pleading supersedes the pleading
that it amends. However, admissions in superseded pleadings may be received in
evidence against the pleader; and claims or defenses alleged therein not
incorporated in the amended pleading shall be deemed waived.
An amended pleading supersedes the original one w/c it amends.
EFFECT OF THE AMENDMENT ON ADMISSIONS MADE IN THE ORIGINAL PLEADING
RULE 11- WHEN TO FILE RESPONSIVE PLEADINGS
Sec. 1 Answer to the Complaint. The defendant shall file his answer to the complaint
within fifteen (l5) days after service of summons, unless a different period is fixed
by the court.
Sec. 2. Answer of a defendant foreign private juridical entity. Where the defendant
is a foreign private juridical entity and service of summons is made on the
government official designated by law to receive the same, the answer shall be filed
within thirty (30) days after receipt of summons by such entity.
ANSWER to a Complaint
In case the defendant is a foreign private juridical entity:
a. If it has a Resident Agent- within 15d after service of summons to him.

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 b. If it has no resident agent, but it has an agent or officer in the Philippines- Sec. 9. Counterclaim or cross-claim arising after answer. A counterclaim or a cross-
within 15d after service of summons to said agent or officer. claim which either matured or was acquired by a party after serving his pleading
c. NO resident agent, agent nor officer- service of summons to be made to may, with the permission of the court, be presented as a counterclaim or a cross-
the SEC, which will then send a copy thereof by registered mail within 10d claim by supplemental pleading before judgment.
to the Home Office of the foreign private corp.- answer within 30d after
receipt of summons by the home office.
Sec. 10. Omitted counterclaim or cross-claim. When a pleader fails to set up a
NOTE: the court may extend the time to file the pleadings, but not shorten
counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect,
them, except in quo warranto proceedings.
or when justice requires, he may, by leave of court, set up the counterclaim or
cross-claim by amendment before judgment.
Sec. 3. Answer to amended complaint. Where the plaintiff files an amended
Counterclaims or cross-claims omitted through oversight, inadvertence,
complaint as a matter of right, the defendant shall answer the same within fifteen
excusable neglect, or when justice requires, may be set up by amendment
(l5) days after being served with a copy thereof.
before judgement.
Leave of court is necessary.
Where its filing is not a matter of right, the defendant shall answer the amended
complaint within ten (10) days from notice of the order admitting the same. An
Sec. 11. Extension of time to plead. Upon motion and on such terms as may be just,
answer earlier filed may serve as the answer to the amended complaint if no new
the court may extend the time to plead provided in these Rules.
answer is filed.

The court may also, upon like terms, allow an answer or other pleading to be filed
This Rule shall apply to the answer to an amended counterclaim, amended cross-
after the time fixed by these Rules.
claim, amended third (fourth, etc.) party complaint, and amended complaint-in-
intervention. Requisite:

if NO NEW ANSWER is filed, the answer to the original pleading shall be

1. There must be a motion
deemed as answer to the amended pleading.
2. Service of motion to other party
3. On such terms as may be just.
Sec. 4. Answer to counterclaim or cross-claim. A counterclaim or cross-claim must
be answered within ten (l0) days from service. In short…

Sec. 5. Answer to third (fourth, etc.)- party complaint. The time to answer a third §1 Answer to the Complaint
(fourth, etc.)- party complaint shall be governed by the same rule as the answer to
the complaint.
§2 Answer of defendant foreign
-15d.. it is like a separate complaint.
corporation
Sec. 6. Reply. A reply may be filed within ten (l0) days from service of the pleading
responded to.
§3 Answer to amended complaint
Sec. 7. Answer to supplemental complaint. A supplemental complaint may be
answered within ten (10) days from notice of the order admitting the same, unless a
different period is fixed by the court. The answer to the complaint shall serve as the
answer to the supplemental complaint if no new or supplemental answer is filed.
§4 Answer to counterclaim or
cross-claim
Sec. 8. Existing counterclaim or cross-claim. A compulsory counterclaim or a cross- §5 Answer to third (fourth, etc)
claim that a defending party has at the time he files his answer shall be contained party complaint
therein. §6 Reply
§7 Answer to supplemental
complaint
Defendant files answer within 15D
after service of summons, unless
different period provided by court
Filed within 30D after receipt of
summons by such entity; service
of summons is made on
government official designated by
law to receive same
As a matter of RIGHT: within 15D
after being served with a copy
thereof
NOT a matter of right: within 10D
from notice of order admitting the
same
Within 10D from service
Within 15D from service
Within 10D from service of
pleading responded to
Within 10D from notice of order
admitting the same; shall serve as

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 answer to supplemental complaint
if no new or supplemental answer
is filed
§8 Existing counterclaim or cross- Compulsory counterclaim or cross-
claim claim that defending party has at
the time he files his answer shall
be contained therein
§9 Counterclaim or cross-claim Counterclaim or cross-claim which
arising after matured or was acquired by party
after serving his pleading may,
with the permission of the court be
presented as a counterclaim or a
cross-claim by supplemental
pleading before judgment
§10 Omitted Counterclaim or Counterclaims or cross-claims
Cross-Claim omitted through oversight,
inadvertence, or excusable neglect
or when justice requires may be
set up by amendment BEFORE
judgment, WITH LEAVE OF COURT
§11 Extension of time to plead Requisites:
1.There must be a motion
2.With service of such motion to
other party
3.On such terms as may be just
RULE 12- BILL OF PARTICULARS
Sec.1 When applied for; purpose. Before responding to a pleading, a party may
move for a definite statement or for a bill of particulars of any matter which is not
averred with sufficient definiteness or particularity to enable him properly to prepare
his responsive pleading. If the pleading is a reply, the motion must be filed within
ten (10) days from service thereof. Such motion shall point out the defects
complained of, the paragraphs wherein they are contained, and the details desired.
BILL OF PARTICULARS- a more definite statement of any matter w/c is not averred
w/sufficient definiteness or particularity = APPLIES TO ANY PLEADING which in the
perception of the movant contains ambiguous allegations.
i.e. action for recovery of a motor vehicle, where what was stated in the pleading
was simply the make/model of the vehicle.
WHEN TO FILE THE MOTION
Filed before responding to a pleading
o Complaint = 15 days after service of summons
o Counterclaim = 10 days from service of the counterclaim
o Reply = 10 days from the service of the reply
PURPOSE
To seek an order from the court directing the pleader to submit a bill of
particulars w/c avers matters w/sufficient definiteness or particularity to
enable the movant to prepare his responsive pleading.
THE MOTION SHOULD SET FORTH:
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a) Defects complained of,
b) Paragraphs wherein they are contained, and
c) The details desired
ARUELO v. CA
Gatchalian filed the election protest w/the RTC, whose proceedings are governed by
the Revised Rules of Court. COMELEC Rules of Procedure is not applicable to
proceedings before the regular courts. Gatchalian received a copy of the order
denying his motion for a bill of particulars on Aug.6, 1992. Under Rule 12, Sec.1, a
party has at least 5 days to file his answer after receipt of the order denying his
motion for bill of particulars. He therefore had until Aug.11, 1992 w/in w/c to file his
answer. The Answer he filed on Aug.11 was filed timely.
TANTUICO, JR. V. REPUBLIC
The allegations in the complaint, above-referred to, pertaining to petitioner are,
therefore, deficient in that they merely articulate conclusions of law & presumptions
unsupported by factual premises. Hence, w/o the particulars prayed for in
petitioner’s motion for bill of particulars, it can be said that petitioner cannot
intelligently prepare his responsive pleading for trial.
Sec.2 Action of the court. Upon the filing of the motion, 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 parties the opportunity to be heard.
Upon receipt of the motion w/c the clerk of court must immediately bring to the
attention of the court, the latter has 3 possible options:
1) Deny;
2) Grant outright; or
3) Allow the parties the opportunity to be heard
UY v. CA
Rule 12, Sec.2 is procedural in nature and it may be set aside in the interest of
justice. It provides that: “a person may, before or during a trial, be permitted by the
court, in its discretion, to intervene in an action, if he has legal interest in the
matter in litigation, or in the success of either of the parties, or an interest against
both, or when he is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or an office thereof.” The purpose
of procedure is not to thwart justice to the rival claims of contending parties. It was
created not to hinder & delay but to promote & facilitate the administration of
justice.
Sec.3 Compliance w/order. If the motion is granted, either in whole or in part, the
compliance therewith must be effected within ten (l0) days from notice of the order,
unless a different period is fixed by the court. The bill of particulars or a more
definite statement ordered by the court may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party.
Filing INTERRUPTS period within which to file your responsive pleading.
i.e. you received complaint Feb. 1, you have until Feb. 16 to file an Answer.
On Feb. 5, you filed a Bill of Particulars, which was denied Mar. 15.
How many more days will you have to file your answer? 12 days
 R.22- the day of the act that caused the interruption is NOT included in the
counting of the period.
If the motion for bill of particulars is GRANTED, the court shall order the pleader
to submit it w/in 10 DAYS from notice of the order, or w/in the period fixed by the
court.
o May be filed either in a separate pleading or in the form of an amended
pleading
o Becomes part of the pleading for w/c it was intended
If the motion for bill of particulars is DENIED, (you can also file MR, Rule 65 or file
answer) he will still have such balance of the reglamentary period to file his
responsive pleading, counted from service of the order denying the motion.
NOTE: In either case, he shall have not less than 5 days to file his responsive
pleading.
Sec.4 Effect of non-compliance. If the order is not obeyed, or in case of insufficient
compliance therewith, the court may order the striking out of the pleading or the
portions thereof to which the order was directed or make such other order as it
deems just.
If the order is not obeyed or if there is an insufficient compliance of the order, the
court has the ff options:
(a) To order the striking out of the pleading
(b) To order the striking out of portions of the pleading to w/c the order was
directed, or
(c) To make such other order it may deem just.
If the Plaintiff fails to obey his complaint may be dismissed with prejudiceunless
otherwise ordered by the court.
If the Defendant fails to obey, his answer will be stricken off his counterclaim
dismissed, and he will be declared in default upon plaintiff’s motion.
SO BASICALLY, WHAT HAPPENS IS:
DEFENDANT FILES A MOTION FOR A BILL OF PARTICULARS
IF DENIED: ANSWER W/IN THE REMAINING PERIOD
IF GRANTED: PLAINTIFF COMPLIES (COURT MAY PROVIDE A DIFF PERIOD)
IF DEFENDANT IS NOT SATISFIED, ALLEGATIONS CAN BE STRICKEN OUT;
OR
COURT CAN DISMISS (RULE 17, SEC.3) FOR FAILURE TO COMPLY W/AN
ORDER OF THE COURT (based on Virata v. Sandiganbayan)
Sec.5 Stay of period to file responsive pleading. After service of the bill of particulars
or of a more definite pleading, or after notice of denial of his motion, the moving
party may file his responsive pleading within the period to which he was entitled at
the time of filing his motion, which shall not be less than five (5) days in any event.
EFFECTS of Motion
1. If the motion is granted the movant can wait until the bill of particulars is
served on him by the opposing party, and then he will have the balance of
the reglamentary period within which to file his responsive pleading.
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2. If motion is denied he will still have such balance of the reglamentary period
to file his responsive pleading, counted from service of the order denying his
motion.
After service of the bill of particulars or of a more definite pleading, or after notice
of denial of his motion, the MOVING PARTY may file his responsive pleading w/in
the period to w/c he is entitled at the time of filing his motion, w/c shall be not
less than 5 days in any event.
ATTY. TRANQUIL’S EXAMPLE:
File for a motion for bill of particulars on Dec.1.
Motion was denied on Dec.8.
How many remaining days to file answer?
In relation to Rule 22:
Sec.1: the day of the act or event from w/c the designated period of time
begins to run is to be excluded and the date of performance included. 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.
Sec.2: should an act be done w/c 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 cause the interruption shall be excluded in the computation of the
period.
ANSWER: 9 DAYS
Sec.6 Bill a part of the pleading. A bill of particulars becomes part of the pleading for
which it is intended.
RULE 13- FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
PAPERS
Sec. 1. Coverage. This Rule shall govern the filing of all pleadings and other papers,
as well as the service thereof, except those for which a different mode of service is
prescribed.
-Does not include summons because of the “EXCEPT” clause
Sec. 2. Filing and service, defined. Filing is the act of presenting the pleading or
other paper to the clerk of court.
Service is the act of providing a party with a copy of the pleading or paper
concerned. If any party has appeared by counsel, service upon him shall be made
upon his counsel or one of them, unless service upon the party himself is ordered by
the court. Where one counsel appears for several parties, he shall only be entitled to
one copy of any paper served upon him by the opposite side.
-Filing: act of presenting the pleading or other papers to the clerk of court
-Service: act of providing a party with a copy of the pleading or paper concerned
Sec. 3. Manner of filing. The filing of pleadings, appearances, motions, notices,
orders, judgments and all other papers shall be made by presenting the original
copies thereof, plainly indicated as such, personally to the clerk of court or by
sending them by registered mail. In the first case, the clerk of court shall endorse
on the pleading the date and hour of filing. In the second case, the date of the
mailing of motions, pleadings, or any other papers or payments or deposits, as
shown by the post office stamp on the envelope or the registry receipt, shall be
considered as the date of their filing, payment, or deposit in court. The envelope
shall be attached to the record of the case.
Sec. 4. Paper required be filed and served. Every judgment, resolution, order,
pleading subsequent to the complaint, written motion, notice, appearance, demand,
offer of judgment or similar papers shall be filed with the court, and served upon the
parties affected.
Following papers required to be filed in court and served upon parties:
a. Judgments
b. Resolutions
c. Orders
d. Pleadings subsequent to the complaint
e. Written motion
f. Notices
g. Appearances
h. Demands
i. Offers of judgment
j. Similar Papers
Sec. 5. Modes of service. Service of pleadings, motions, notices, orders, judgments
and other papers shall be made either personally or by mail.
Sec. 6. Personal service. Service of the papers may be made by delivering
personally a copy to the party or his counsel, or by leaving it in his office with his
clerk or with a person having charge thereof. If no person is found in his office, or
his office is not known, or he has no office, then by leaving the copy, between the
hours of eight in the morning and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age and discretion then residing
therein.
Sec. 7. Service by mail. Service by registered mail shall be made by depositing the
copy in the office, in a sealed envelope, plainly addressed to the party or his counsel
at his office, if known, otherwise at his residence, if known, with postage fully pre-
paid, and with instructions to the postmaster to return the mail to the sender after
ten (l0) days if undelivered. If no registry service is available in the locality of either
the sender or the addressee, service may be done by ordinary mail.
Sec. 8. Substituted service. If service of pleadings, motions, notices, resolutions,
orders and other papers cannot be made under the two preceding sections, the
office and place of residence of the party or his counsel being unknown, service may
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be made by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail. The service is complete at the time of such
delivery.
-If service cannot be made under §6 & 7, and the office and residence of party or
counsel unknown
-Service may be made by delivering copy to clerk of court with proof of failure of
both personal service and service by mail.
-Complete at time of delivery
Sec. 9. Service of judgments, final orders or resolutions. Judgments, final orders or
resolutions shall be served either personally or by registered mail. When a party
summoned by publication has failed to appear in the action, judgments, final orders
or resolutions against him shall be served upon him also by publication at the
expense of the prevailing party.
-Judgments, final orders of reseolutions shall be served either personally or by
registered mail.
-When a party summoned by publication has failed to appear in the action,
judgments, final orders or resolutions against him shall be served upon him also by
publication at the expense of prevailing party.
Sec. 10. Completeness of service. Personal service is complete upon actual delivery.
Service by ordinary mail is complete upon the expiration of ten (10) days after
mailing, unless the court otherwise provides. Service by registered mail is complete
upon actual receipt by the addressee, or after five (5) days from the date he
received the first notice of the postmaster, whichever date is earlier.
Personal Service- actual delivery
Ordinary Mail- 10 days after date of mailing
Registered Mail- Actual receipt/5d after receipt of first notice of the postmaster
(whichever is earlier)
Sec. 11. Priorities in modes of service and filing. Whenever practicable, the service
and filing of pleadings and other papers shall be done personally. Except with
respect to papers emanating from the court, a resort to other modes must be
accompanied by a written explanation why the service or filing was not done
personally. A violation of this Rule may be cause to consider the paper as not filed.
GEN. RULE- Service and filing of pleadings and other papers shall be done
personally
EXCEPT with respect to papers emanating from the court, a resort to other modes
must be accompanied by written explanation why service or filing was not done
personally
Sec. 12. Proof of filing. The filing of a pleading or paper shall be proved by its
existence in the record of the case. If it is not in the record, but is claimed to have
been filed personally, the filing shall be proved by the written or stamped
acknowledgment of its filing by the clerk of court on a copy of the same; if filed by
registered mail, by the registry receipt and by the affidavit of the person who did -Notice of lis pendens CANNOT be cancelled on an ex parte motion or upon the mere
the mailing, containing a full statement of the date and place of depositing the mail filing of a bond by the party on whose title the notice is annotated.
in the post office in a sealed envelope addressed to the court, with postage fully -Such cancellation may be AUTHORIZED only upon order of court after showing
that:
prepaid, and with instructions to the postmaster to return the mail to the sender
¬notice is for the purpose of molesting the adverse party
after ten (10) days if not delivered. ¬not necessary to protect the rights of the party who caused it to be
recorded
Sec. 13. Proof of service. Proof of personal service shall consist of a written
admission of the party served, or the official return of the server, or the affidavit of FILING SERVICE
Manner/Mode -Personally to clerk of -Personally:
the party serving, containing a full statement of the date, place and manner of
court: clerk of court shall ¬delivering
service. If the service is by ordinary mail, proof thereof shall consist of an affidavit
endorse on the pleading personally copy to party
of the person mailing of facts showing compliance with section 7 of this Rule. If the date and hour of filing or counsel
service is made by registered mail, proof shall be made by such affidavit and the -Registered Mail: Date of ¬leaving it in his office
registry receipt issued by the mailing office. The registry return card shall be filed mailing of motions, with his clerk or with a
immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter pleadings or any other person in-charge
together with the certified or sworn copy of the notice given by the postmaster to papers or payments of ¬leaving copy
deposits as shown by the between 8am-6pm at
the addressee.
post office stamp on the party or counsel’s
envelope or the registry residence if known, with
receipt shall be date of a person of sufficient age
Sec. 14. Notice of lis pendens. In an action affecting the title or the right of filing, payment or deposit and discretion residing
possession of real property, the plaintiff and the defendant, when affirmative relief is in court (§3) therein (§6)
claimed in his answer, may record in the office of the registry of deeds of the -Registered Mail:
province in which the property is situated a notice of the pendency of the action. Depositing copy in post
office in a sealed
Said notice shall contain the names of the parties and the object of the action or
envelope, plainly
defense, and a description of the property in that province affected thereby. Only addressed to the party
from the time of filing such notice for record shall a purchaser, or encumbrancer of or his counsel at his
the property affected thereby, be deemed to have constructive notice of the office or residence, with
pendency of the action, and only of its pendency against the parties designated by postage fully pre-paid
their real names. and with instructions to
the postmaster to return
the mail to sender after
The notice of lis pendens hereinabove mentioned may be cancelled only upon order 10D if undelivered (§7)
of the court, after proper showing that the notice is for the purpose of molesting the -Ordinary Mail: If no
adverse party, or that it is not necessary to protect the rights of the party who registry service available
caused it to be recorded. in the locality of either
the sender or the
addressee (§7)
Lis Pendens: notice of a pendency of the action between parties involving title to or
Proof -By existence in the record -Personally: written
right of possession over real property.
of the case. admission of party
-If NOT in record: served, official return of
Q: is there lis pendens with regard to quasi-judicial proceedings (i.e. before the
¬Personally: written server (prepared by
LRA)?
acknowledgement, sheriff narrating
No. The pending litigation contemplated is a judicial action
stamped acknowledgement circumstances of service)
(Estate of Lopez)
of filing by clerk of court or affidavit of party
¬Registered Mail: serving containing date,
REQUISITES
registry receipt and by place and manner of
a. Action affects the title or the right of possession of the real property
affidavit of person who did service (needed if there
b. Affirmative relief is claimed
mailing, containing full is refusal of party
c. Notice shall contain the name of the parties and the object of the action or
statement of date and served)
defense and a description of the property affected thereby
place of depositing mail in -Registered Mail:
d. Action in rem
post office in a sealed affidavit and registry

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 envelope addressed to receipt issued by mailing Where the court has already acquired jurisdiction over the person of the defendant,
court with instructions to office (registry return if the defendant has already been served with summons on the original complaint,
postmaster to return mail card shall be filed no further summons is required on the amended complaint, if it does not introduce
to sender after 10D if immediately upon new causes of action.
undelivered (§12) receipt of sender) BUT if by reason of the amendment, there are other defendants who are
-Ordinary Mail: affidavit impleaded, wherein jurisdiction has not yet been acquired in court, you
of person mailing of facts need new summons.
showing compliance with Is alias summons sufficient? No. Alias summons can only be served if there
§7 is failure of the original summons.
(§13)
Completeness -Personal: upon actual ADDITIONAL defendants
delivery GEN. RULE- When an additional defendant is joined summons must be served upon
-Registered Mail: upon him.
actual receipt by EXCEPT In cases of substitution of the deceased under Sec. 16 of Rule 3 (service of
addressee or after 5D the Order of Substitution is sufficient).
from date he received
first notice of Section 1. Clerk to issue summons. Upon the filing of the complaint and the
postmaster, whichever payment of the requisite legal fees, the clerk of court shall forthwith issue the
date is EARLIER corresponding summons to the defendants.
-Ordinary Mail: upon
expiration of 10D after
mailing, unless court Upon the filing of the complaint & the payment of the requisite legal fees, the
otherwise provides (§10) CLERK OF COURT shall forthwith issue the corresponding summons to the
defendants.

RULE 14- SUMMONS
Is the writ by w/c the defendant is notified of the action brought against him
PURPOSE: not only to notify the defendant of the action against him but also to
acquire jurisdiction over his person
NOTE: the court should issue summons within 1 day after the filing of the complaint.
(Guidelines on Pre-Trial and Modes of Discovery 2004).
Sec. 2. Contents. The summons shall be directed to the defendant, signed by the
clerk of court under seal, and contain:

Effect of NON-SERVICE (a) the name of the court and the names of the parties to the action;
Unless the defendant voluntarily submits to the jurisdiction of the court, NON- (b) a direction that the defendant answer within the time fixed by these Rules;
SERVICE or IRREGULAR SERVICE of summons renders null and void all subsequent (c) a notice that unless the defendant so answers, plaintiff will take judgment by
proceedings and issuances in the action.
default and may be granted the relief applied for.
Q: Is a DEFECTIVE service of summons WAIVABLE?
Yes. If you do not object, or raise it as a ground in an answer or in a motion to A copy of the complaint and order for appointment of guardian ad litem, if any, shall
dismiss, it is waived. be attached to the original and each copy of the summons.

The summons shall be:

(a) Directed to the defendant
Sps. Mason v Columbus Bus (b) Signed by the clerk of court
Service of summons was received by a Clerk (see Sec. 11 of same rule) she DID (c) Under seal
NOT pass on the summons to the corporation. There was not only an order of The summons shall contain:
default, but a judgment by default as well. For the 1st time on appeal in the CA, (a) The name of the court & the names of the parties to the action
defendant raised the issue of improper service of summons. (b) A direction that the defendant answer w/in the time fixed by these rules
HELD Considering that there was improper service of summons, and the officers (c) A notice that unless the defendant so answers, plaintiff will take judgment by
were not aware, the proceedings, from the point of the defective service of default & may be granted the relief applied for
summons, until judgment is NULL and VOID. A copy of the complaint shall be attached to the original & each copy of the
summons.
Philippine American Life v Breba (issuance of summons after amendment)
Is the defendant bound to comply w/the summons where service was made w/o
attaching a copy of the complaint?

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 SC ruled that while the service of summons was defective, the defect is deemed
waived by the defendant’s failure to seasonably challenge the trial court’s
jurisdiction over her person. She should have appeared to challenge the court’s
jurisdiction.
Sec. 3. By whom served. The summons may be served by the sheriff, his deputy,
or other proper court officer, or for justifiable reasons by any suitable person
authorized by the court issuing the summons.
Served by:
1. the sheriff,
2. his deputy, or
3. other proper court officer, or
4. for justifiable reasons by any suitable person authorized by the court issuing
the summons
NOTE: the enumeration is EXCLUSIVE.
Sec. 4. Return. When the service has been completed, the server shall, within five
(5) days therefrom, serve a copy of the return, personally or by registered mail, to
the plaintiff's counsel, and shall return the summons to the clerk who issued it,
accompanied by proof of service.
DUTY OF SERVER UPON COMPLETION OF SERVICE
When the service has been completed, the server shall, w/in 5 days therefrom,
serve a copy of the return, PERSONALLY OR BY REGISTERED MAIL, to the
plaintiff’s counsel, & shall return the summons to the clerk who issued it,
accompanied by proof of service
Return should contain: (Rule 14, Sec.18)
(a) Manner, place & date of service
(b) Any papers w/c have served w/the process and the name of the person who
received the same
(c) Sworn to when made by a person other than a sheriff or his deputy
Sec. 5. Issuance of alias summons. If a summons is returned without being served
on any or all of the defendants, the server shall also serve a copy of the return on
the plaintiff's counsel, stating the reasons for the failure of service, within five (5)
days therefrom. In such a case, or if the summons has been lost, the clerk, on
demand of the plaintiff, may issue an alias summons.
Alias Summons- is one issued when the original has not produced its effect because
of a defect in form or in the manner of service, and when issued, supercedes the
first writ.
IF A SUMMONS IS RETURNED W/O BEING SERVED ON ANY OR ALL OF THE
DEFENDANTS:
The server shall also serve a copy of the return on the plaintiff’s counsel, stating
the reason for the failure of service, w/in 5 days therefrom.
In such a case, or if the summons has been LOST, the clerk, on demand of the
plaintiff, may issue an alias summons.
Philamlife case
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There was Improper Service of Summons (court did not acquire jurisdiction over
defendant), the other party filed a Motion to Dismiss, the court can grant, deny or
order an abatement (R.16). However, instead of such, the court required the
issuance of an alias summons.
VALID? Yes. To require the service of an alias summons is only to shorten the
period, to expedite proceedings.
Sec. 6. Service in person on defendant. Whenever practicable, the summons shall
be served by handing a copy thereof to the defendant in person, or, if he refuses to
receive and sign for it, by tendering it to him.
SUMMONS SHALL BE SERVED BY HANDING A COPY THEREOF TO THE DEFENDANT
IN PERSON! #1 priority! If not, there should be EFFORTS to serve upon him.
If defendant refuses to receive & sign for it, by TENDERING it to him
o Only means that it will still be given to the defendant even if he refuses to
accept.
Preferred Mode: If it is an action in personam (if impossible, then sec. 7)
- If action in rem/quasi-in rem (w/named def. but also affects the
whole world) service by publication is sufficient.
Sec. 7. Substituted service. If, for justifiable causes, the defendant cannot be served
within a reasonable time as provided in the preceding section, service may be
effected (a) by leaving copies of the summons at the defendant's residence with
some person of suitable age and discretion then residing therein, or (b) by leaving
the copies at defendant's office or regular place of business with some competent
person in charge thereof.
If, for justifiable reasons, the defendant cannot be served w/in a reasonable time as
provided in the preceding section (NOTE:Sheriff’s return must show that an effort or
attempt was exerted to personally serve the summons on the defendant and that
the same has failed.)
service may be effected by:
(a) Leaving copies at the defendant’s residence w/some person of suitable age &
discretion then residing therein; or by
(b) Leaving copies at defendant’s office or regular place of business w/some
competent person in charge thereof.
DISCRETION: ability to make decisions w/c represent a responsible choice & for
w/c an understanding of what is lawful, right or wise may be presupposed
SUFFICIENT AGE & DISCRETION (and residing therein): attained the age of full
legal capacity (18) considered to have enough discernment to understand the
importance of summons.
Knows how to read & understand English to comprehend the import of the
summons, & fully realize the need to deliver the summons & complaint to the
defendant at the earliest time possible for the defendant to take appropriate
action.
Defendants Office or Regular Place of Business:
 The person served must be managing the office or place of business of the INCOMPETENTS: serving on him personally &
defendant, or such as a President or Manager. Must have sufficient his legal guardian, but not upon his parents
knowledge to understand the obligation of the def., in the summons. (unless they’re his legal guardians)
o PERSON MUST HAVE A RELATION OF CONFIDENCE TO THE DEFENDANT
IN ANY EVENT, if the minor or incompetent
Pascual v Pascual has no legal guardian, the plaintiff must obtain
1. Plaintiff/Sheriff is given a REASONABLE TIME- time that is necessary under the the appointment of a guardian ad litem for
circumstances for a reasonably prudent & diligent man to do, conveniently, what the him.
contract or duty requires to be done. (no more than 7 days- for plaintiff) Upon prisoner On officer having management of the jail or
NOTE: In the Philippines, if you file a complaint in court and don’t initiate any moves (Sec.9) prison (warden)
to have it served, after a lapse of 30 days, the court after an inventory, will dismiss Upon domestic To the president, managing partner, general
the case for failure to effect service. [plaintiff must provide Sheriff with cost of private juridical manager, corporate secretary, treasurer, or in-
service to the defendant] entity (Sec.11) house counsel
Sheriff’s Duty- to be resourceful, persevering, canny and diligent in serving the EXCLUSIVE!
process on the defendant. Foreign private On the resident agent, if none, on the gov’t
juridical entity official designated by law; or on any officer or
MANOTOC v. CA: an example of invalid substituted service. Substituted service was (Sec.12) agent of the corp w/in the Philippines
resorted, to the caretaker of the defendant. There was no sufficient information as Upon public Republic of the Philippines upon the Solicitor
to why there was failure to serve the summons upon the defendant personally. corporations General
For substituted service to be available, there must be several attempts by (Sec.13) Province, city, or municipality, or like public
the sheriff to personally serve the summons w/in a reasonable period (of 1 corporations on its executive head OR on
month) to prove impossibility of service. such other officer or officers as the law or the
Several attempts: at least 3 tries, preferably at least 2 diff dates. The sheriff court may direct
must cite why such efforts were unsuccessful.
Sec. 16. Residents temporarily out of the Philippines. When any action is
A mere general claim or statement in the SHERIFF’S RETURN that the server had
made “several attempts” to serve the summons, w/o making reference to the details commenced against a defendant who ordinarily resides within the Philippines, but
of facts & circumstances surrounding such attempts, does not comply w/the rules on who is temporarily out of it, service may, by leave of court, be also effected out of
substituted service. He should also show why the service was unsuccessful. the Philippines, as under the preceding section.

Atty Tranquil says: MUST ONLY BE IF IMPOSSIBILITY OF SERVICE! DOES NOT DEFENDANT ACTION SERVICE OF SUMMONS
ALSO APPLY FOR NON-RESIDENT! Upon an unknown Any action (whether in w/leave of court, by
defendant or whose rem, in personam or publication in a
Q: B, the wife of A, was served summons for A who was not at home. Was there whereabouts are unknown quasi-in rem) newspaper of gen
proper service? (Sec.14) circulation
A: No, must be made personally. Because there was no proof of Impossibility of
NOT a RESIDENT and is 1) The action must be in MODES OF SERVICE
Service of Summons. Sec. 6 & 7 DO NOT provide alternative modes of service of
NOT FOUND in the rem or quasi in rem. It 1) w/ leave of court serve
summons. Only upon failure of Personal Service will it be possible to resort to
Philippines either: outside the Phil by
Substituted Service, which is an Extraordinary Method.
Extraterritorial Service a) Affects the personal personal service
- Personal Service does not mean that service can only actually be made in the
(Sec. 15) status of plaintiff 2) w/leave of court by
residence of the defendant.
b) Relates to or the publication in a
Case of Sansio Phils. v Sps. Mogol (2009) citing Lazaro v Rural Bank of Balagtas
subject of w/c is newspaper of gen
property w/in the circulation, in w/c case
Philippines in w/c a copy of the summons
defendant has a lien & order of court must
SERVICE OF SUMMONS UPON DIFF ENTITIES
or interest also be sent by
Entity w/o Upon any or all the defendants being sued c) Demands a relief w/c registered mail to the
juridical under the common name; or person in charge consists wholly or in last known address of
personality of the office part in excluding the defendant
(Sec.8) defendant from any any other manner the
Upon minors & MINORS: by serving upon the minor, interest in any court deems sufficient
incompetents regardless of age, & upon his legal guardian or property w/in the
(Sec.10) upon either of his parents Phil; OR
d) Property of defendant

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 has been attached in
the Phil
Resident TEMPORARILY ANY action. Substituted service or
out of the Philippines with leave of court,
(Sec. 16) personal service out of
the Philippines as with
Extreterritorial servcie.
Minimum Requirements for Extraterritorial Service:
1. the defendant does not reside in the Phils. OR is not found in the
Philippines
2. Action involving personal status or real property of the person.
3. Service may be done personally OR by publication AND service of
summons and the complaint in the last known address by
registered mail OR other modes of service as the court may
deem sufficient.
(Rodriguez case, 2003) the Order of the court stated that: “summons should be
served through the facilities of the DFA, and answer should be made within a period
of 60d, and it should likewise be published in a newspaper of gen. circ.”
It is within the power of the court to find other modes within which to
render sufficient service.
Q: Can you do substituted service if the defendant is a non-resident of the
Philippines?
See case of Asiabest citing the case of Gemperle v Schenker
GEN. RULE- Substituted Service DOES NOT APPLY if the defendant is a non-resident.
EXCEPT if the resident spouse of the non-resident defendant had been previously
appointed as an attorney in fact, he/she can receive summons by substituted
service.
NOTE: In all these cases, defendant must be a resident of the Philippines.
Otherwise, an action in personam cannot be brought because jurisdiction over the
person is essential to make a binding decision.
However, in Santos v PNOC, the SC held that the in rem/in personam distinction
was sgnificant under the old rule, wherein the court limited the application only to
in rem actions. THIS HAS BEEN CHANGED: The present rule expressly states that it
applies to any action where the defendant is designated as unknown owner, or the
like, or wherever his whereabouts are unknown and cannot be ascertained by
diligent inquiry.
-In actions purely in personam the case must first be converted into an in rem/quasi
in rem actionby attaching the property of the defendant found in the Philippines
before the summons can be served by publication. If no property can be found, the
action shall be archived (not dismissed).
EX. Of TRANQUIL: An action was instituted in HK against a resident of the
Philippines. “Law of the Forum” Communicated to the local authorities and asked
the local sheriff to serve summons. Valid? YES. Under their local law, but NOT under
our law.
Sec. 17. Leave of court. Any application to the court under this Rule for leave to
effect service in any manner for which leave of court is necessary shall be made by
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motion in writing, supported by affidavit of the plaintiff or some person on his
behalf, setting forth the grounds for the application.
any application to the court for leave to effect service in any manner for w/c leave
of court is necessary shall be made:
(1) by motion in writing
(2) supported by affidavit of the plaintiff or some person in his behalf
(3) setting forth the grounds for the application
Sec. 18. Proof of service. The proof of service of a summons shall be made in
writing by the server and shall set forth the manner, place, and date of service;
shall specify any papers which have been served with the process and the name of
the person who received the same; and shall be sworn to when made by a person
other than a sheriff or his deputy.
look at Rule 14, Sec. 4
Sec. 19. Proof of service by publication. If the service has been made by
publication, service may be proved by the affidavit of the printer, his foreman or
principal clerk, or of the 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 last known address.
May be proved by an AFFIDAVIT of:
1. printer
2. foreman
3. principal clerk
4. editor
5. business or advertising manager
To w/c a COPY OF THE PUBLICATION shall be attached
And by an AFFIDAVIT showing the deposit of a copy of the summons & order of
publication in the post office, postage prepaid, directed to the defendant by
registered mail at his last known address.
Sec. 20. Voluntary appearance. The defendant's voluntary appearance in the action
shall be equivalent to service of summons. The inclusion in a motion to dismiss of
other grounds aside from lack of jurisdiction over the person of the defendant shall
not be deemed a voluntary appearance.
Any form of appearance in court, by the defendant OR his agent authorized to do so,
OR by attorney, is equivalent to service of summons.
EXCEPTION: where such appearance is precisely to object to the jurisdiction of
the court over the person of the defendant.
Inclusion in a MOTION TO DISMISS of other grounds aside from lack of
jurisdiction over the person of the defendant is NOT deemed a voluntary
appearance (meaning you are not deemed to have submitted to the jurisdiction of
the court).
 SEC. 4. Hearing of motion.—Except for motions which the court may act upon
without prejudicing the rights of the adverse party, every written motion shall be set
END OF MIDTERM COVERAGE for hearing by the applicant.

RULE 15 - MOTIONS
NOTE: Rules on Motions apply to BOTH Civil and Criminal cases.
Sec. 1. Motion defined.—A motion is an application for relief other than by a
pleading. (1a)
NOT a Pleading- you are seeking a particular relief from the court.
KINDS of MOTIONS:
a. Ex parte: made without the presence or notification to the other party
because the question generally presented is not debatable
b. Of Course: where movant is entitled to the relief/remedy sought as a
matter of discretion of court
c. Litigated: made with notice to adverse party to give an opportunity to
oppose
d. Special: addressed to discretion of court
Every written motion required to be heard and the notice of the hearing thereof shall
be served in such a manner as to ensure its receipt by the other party at least three
(3) days before the date of hearing, unless the court for good cause sets the hearing
on shorter notice. (4a)
GEN. RULE: Every written motion shall be set for hearing by applicant; every
written motion deemed a litigated motion.
EXCEPT: Motions which the court may act upon without prejudicing the rights of
adverse party
-Written motion required to be heard and notice of its hearing shall be served in a
manner to ensure its receipt by other party at least 3D before date of hearing unless
court for good cause sets hearing on shorter notice
Requirements:
1. Notice of Hearing directed to the other party; and,
2. Served upon him (and filed) at least 3 days before the date of hearing.

GEN. RULE: motion cannot pray for judgment -Motion which does NOT meet requirements of notice and hearing is a mere scrap of
EXCEPT: Motion for judgment on pleadings paper which clerk of court has no right to receive and court has no authority to act
Motion for summary judgment upon
Motion for judgment on demurrer to evidence
SEC. 5. Notice of hearing.—The notice of hearing shall be addressed to all parties
SEC. 2. Motions must be in writing.—All motions shall be in writing except those concerned, and shall specify the time and date of the hearing which must not be
made in open court or in the course of a hearing or trial. (2a) later than ten (10) days after the filing of the motion. (5a)

GEN. RULE: Must be in writing -Hearing itself should not be held later than 10D from the filing of the motion.
EXCEPT: those made in OPEN COURT or in the course of HEARING or TRIAL - If set at a later date, the Motion will be DENIED.

SEC. 3. Contents.—A motion shall state the relief sought to be obtained and the
grounds upon which it is based, and if required by these Rules or necessary to prove
facts alleged therein, shall be accompanied by supporting affidavits and other
papers. (3a)
Q: Do you need a Notice of Hearing for a Motion filed before the CA or the SC? NO
(See R. 49 sec. 3 No hearing or oral argument for Motions.)
SEC. 6. Proof of service necessary.—No written motion set for hearing shall be acted
upon by the court without proof of service thereof. (6a)

Contain the following -Motion must be served upon other party.

a. Statement of relief sought to be obtained
b. Grounds upon which motion is based
c. Supporting affidavits and other papers (only when so mandated by rules or
when necessary to prove facts stated in the motion)
“Sections 4-6 are MANDATORY requirements.”
“A Motion for Reconsideration that DID NOT contain a Notice of Hearing is nothing
more than a useless scrap of paper (called a “pro forma” MR that will NOT suspend
the running of the Reglamentary period).” (Tan v CA)
-Motion set for hearing shall not be acted upon by court without proof of its service
SEC. 7. Motion day.—Except for motions requiring immediate action, all motions
shall be scheduled for hearing on Friday afternoons, or if Friday is a non-working
day, in the afternoon of the next working day. (7a)
GEN. RULE: All hearings shall be scheduled for hearing on Friday afternoon or if
Friday is a non-working holiday, in the afternoon of the next working day.
EXCEPT: Motions requiring immediate action

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Circular from the Office of the Court Admin. (2007) –reiterated that this provision is
MANDATORY.
SEC. 8. Omnibus motion.—Subject to the provisions of section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or proceeding shall include all objections then
available, and all objections not so included shall be deemed waived. (8a)
-Procedural principle which requires that every motion that attacks a pleading,
judgment, order or proceeding shall include all grounds then available.
All objections NOT so included shall be deemed waived.
-Subject to provisions of R9, §1
SEC. 9. Motion for leave.—A motion for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be admitted. (n)
SEC. 10. Form.—The Rules applicable to pleadings shall apply to written motions so
far as concerns caption, designation, signature, and other matters of form. (9a)
RULE 16 - MOTION TO DISMISS
*R. 13-16 is the HEART of Civil Procedure*
NOTE: A motion to dismiss is NOT A PLEADING! It is merely a motion.
Even when the allegations are now clear enough to enable the defendant to file
his responsive pleading bec the adverse party has already submitted a bill of
particulars, the defendant need not file his answer immediately. He may first
explore the possibility of filing a MOTION TO DISMISS. If there is no ground for a
motion to dismiss, he has to file an answer.
While the filing of a motion to dismiss is not prohibited, SC has the current policy
to not encourage filing one but instead to file an answer to the complaint.
o A.M No. 03-1-09-SC: w/in day from receipt of the complaint, summons shall
contain a reminder to the defendant to observe restraint in filing a motion to
dismiss & instead allege the grounds thereof as defenses to his answer
HYPOTHETICAL ADMISSIONS OF A MOTION TO DISMISS
A motion to dismiss hypothetically admits the truth of the factual allegations of
the complaint but only to such matters of fact that have been sufficiently pleaded
& not to mere epithets charging fraud, allegations of legal conclusions or
erroneous statements of law, inferences from facts not stated, matters of
evidence or irrelevant matters.
Sec. 1. Grounds.—Within the time for but before filing the answer to the complaint
or pleading asserting a claim, a motion to dismiss may be made on any of the
following grounds:
(a) That the court has no jurisdiction over the person of the
defending party;
(b) That the court has no jurisdiction over the subject matter of the
claim;
(c) That venue is improperly laid;
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(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties
for the same cause;
(f) That the cause of action is barred by a prior judgment or by the
statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff’s pleading has
been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is unenforceable
under the provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been
complied with. (1a)
TIME TO FILE THE MOTION
Within the time for filing the answer but before filing said answer, a motion to
dismiss may be filed (15 days).
Effect: SUSPENDS the running of the reglamentary period within which to file an
answer.
A motion to dismiss that has been filed after the answer has been filed is
considered filed OUT OF TIME and the defending party is estopped from filing the
motion to dismiss. (only a general rule)
o Exception: lack of jurisdiction over the subject matter; litis pendencia; res
judicata & prescription
GROUNDS:
1. Court has no jurisdiction over the person of the defending party
2. Court has no jurisdiction over the subject matter of the claim
3. Venue is improperly laid
4. Plaintiff has no legal capacity to sue
5. That there is another action pending b/w the same parties & for the same cause
(litis pendencia)
6. Cause of action is barred by a prior judgment (res judicata) OR by the statute of
limitations (prescription)
7. Pleading asserting the claim states no cause of action.
8. Claim or demand set forth in the plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished
9. Claim on w/c the action is founded is unenforceable under the Statute of Frauds
10. A condition precedent for filing the claim has not been complied with
LACHES AS A GROUND FOR A MOTION TO DISMISS
The language of the rule “...abandoned, or otherwise extinguished” is broad
enough to include w/in its ambit the defense of bar by laches.
However, when a party moves for the dismissal of the complaint based on laches,
the trial court must set a hearing on the motion where the parties shall set a
hearing on the motion where the parties shall submit not only their arguments on
the questions of law but also their evidence on questions of fact involved. The
 elements of laches must be proved or disproved through the presentation of
evidence by the parties.
Sec. 2. Hearing of motion.—At the hearing of the motion, the parties shall submit
their arguments on the questions of law and their evidence on the questions of fact
involved except those not available at that time. Should the case go to trial, the
evidence presented during the hearing shall automatically be part of the evidence of
the party presenting the same. (n)
The parties shall submit their arguments on the QUESTIONS OF LAW & their
evidence on the QUESTIONS OF FACT involved except those not available at that
time.
o Should the case go to trial, the evidence presented during the hearing shall
automatically be part of the evidence of the party presenting the same.
Sec. 3. Resolution of motion.—After the hearing, the court may dismiss the action or
claim, deny the motion, or order the amendment of the pleading.
The court shall not defer the resolution of the motion for the reason that the ground
relied upon is not indubitable.
In every case, the resolution shall state clearly and distinctly the reasons therefor.
(3a)
After the hearing, the court may:
1. Dismiss the action;
2. Deny the motion; or
3. Order the amendment of the pleading
The court shall not defer the resolution of the motion for the reason that the ground
relied upon is not indubitable.
In EVERY CASE, the resolution shall state clearly & distinctly the reasons therefor.
Sec. 4. Time to plead.—If the motion is denied, the movant shall file his answer
within the balance of the period prescribed by Rule 11 to which he was entitled at
the time of serving his motion, but not less than five (5) days in any event,
computed from his receipt of the notice of the denial. If the pleading is ordered to
be amended, he shall file his answer within the period prescribed by Rule 11
counted from service of the amended pleading, unless the court provides a longer
period. (4a)
If the motion to dismiss is DENIED:
Movant shall file his answer w/in the balance of the period prescribed by Rule 11
to w/c he was entitled at the time of serving his motion, but not less than 5 days
in any event (RECALL computation in Filing a Motion for Bill of Particulars on p.
31. Same rules apply.)
An order denying a motion to dismiss is an INTERLOCUTORY ORDER, w/c
neither terminates nor finally disposes the case, as it leaves something to be done
by the court before the case is finally decided on the merits. (you may file your
answer OR file a MR).
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If the pleading is ordered to be AMENDED:
Defendant shall file his answer w/in the period prescribed by Rule 11 from service
of the amended pleading UNLESS the court provides for a longer period
SEC. 5. Effect of dismissal.—Subject to the right of appeal, an order granting a
motion to dismiss based on paragraphs (f), (h) and (i) of section 1 hereof shall bar
the refiling of the same action or claim. (n)
GRANT of a Motion to Dismiss- FINAL disposition of the case. BUT, can the case be
refiled? YES
GEN. RULE: You can refile your case.
EXCEPT: Res Judicata/Prescription
REMEDIES OF THE PLAINTIFF IF THE MOTION TO DISMISS IS GRANTED:
(a) Depending upon the GROUNDS for the dismissal of the action, the plaintiff may
simply REFILE the complaint. (i.e. improper venue, plaintiff may file the action in
the proper venue)
(b) He may APPEAL from the order of dismissal where the ground relied on is one
w/c BARS the refiling of the complaint like res judicata, prescription,
extinguishment of the obligation or violation of the statute of frauds. Since the
complaint cannot be refilled, dismissal is WITH PREJUDICE.
(c) He may also avail of a PETTION FOR CERTIORARI w/c is only available if the
court gravely abuses its discretion amounting to lack of jurisdiction and is the
appropriate remedy if the dismissal is w/o prejudice.
WHEN A COMPLAINT CANNOT BE REFILED:
1. Cause of action is barred by a prior judgment (res judicata)
2. Cause of action is barred by the statute of limitations (prescription)
3. Claim or demand has been paid, waived, abandoned, or otherwise extinguished
4. Claim on w/c the action is founded is unenforceable under the Statute of Frauds
SEC. 6. Pleading grounds as affirmative defenses.—If no motion to dismiss has been
filed, any of the grounds for dismissal provided for in this Rule may be pleaded as
an affirmative defense in the answer and, in the discretion of the court, a
preliminary hearing may be had thereon as if a motion to dismiss had been filed.
(5a)
The dismissal of the complaint under this section shall be without prejudice to the
prosecution in the same or separate action of a counterclaim pleaded in the answer.
(n)
If no motion to dismiss has been filed, ANY of the grounds provided for dismissal
under Rule 16 may be pleaded as an affirmative defense in the answer, and, in
the DISCRETION of the corut, a preliminary hearing may be had thereon as if a
motion to dismiss has been filed.
o The grounds for a motion to dismiss are NOT WAIVED even if defendant fails to
file a motion to dismiss bec he may still avail of the defenses under Rule 16 as
affirmative defenses
o The PRELIMINARY HEARING authorized on the affirmative defenses raised in
the answer applies ONLY IF NO MOTION TO DISMISS HAS BEEN FILED.
 Gen. Rule: a preliminary hearing is not authorized when a motion to dismiss
has been filed.
EXCEPTIONS:
o If the trial court has not categorically resolved the motion to dismiss.
o Under the liberal construction rule, when it is evident that the action is
barred by res judicata.
A ground previously invoked in a DENIED motion to dismiss may be still be
invoked. It does not preclude any future reliance on the grounds relied thereupon.
EFFECT OF DISMISSAL OF COMPLAINT ON THE COUNTERCLAIM
The dismissal of the complaint shall be WITHOUT PREJUDICE to the prosecution in
the SAME OR SEPARATE action of a COUNTERCLAIM pleaded in the answer of the
defendant
o If the defendant pleads a counterclaim in his answer, and after preliminary
hearing on his affirmative defenses, the court dismisses the complaint, it would
be ERROR for the court to dismiss the counterclaim.
RULE 17 - DISMISSAL OF ACTIONS
SECTION 1. Dismissal upon notice by plaintiff.—A complaint may be dismissed by
the plaintiff by filing a notice of dismissal at any time before service of the answer or
of a motion for summary judgment. Upon such notice being filed, the court shall
issue an order confirming the dismissal. Unless otherwise stated in the notice, the
dismissal is without prejudice, except that a notice operates as an adjudication upon
the merits when filed by a plaintiff who has once dismissed in a competent court an
action based on or including the same claim. (1a)
-BEFORE service of answer or service of motion of summary judgment-> complaint
dismissed by filing NOTICE of DISMISSAL
-Upon filing of Notice of Dismissal, court shall issue order confirming dismissal
-It is NOT the order confirming the dismissal which operates to dismiss the
complaint, it merely confirms a dismissal already effected by filing of the notice of
dismissal
-Dismissal occurs as of the date the notice is filed by the plaintiff and not the date
the court issues the order confirming the dismissal
-Dismissal as a matter of right CEASES when an answer or motion for summary
judgment is served on the plaintiff
GEN. RULE: Dismissal made by filing of a notice of dismissal is dismissal without
prejudice, complaint can be refilled!
-Dismissal with prejudice if:
a. Notice of dismissal by plaintiff provides that dismissal is with prejudice
b. Plaintiff has previously dismissed the same case in a court of competent
jurisdiction (two-dismissal rule)
TWO-DISMISSAL RULE: applies when plaintiff has:
a. Twice dismissed actions
b. Based o or including the same claim
c. In a court of competent jurisdiction
~claim may only be filed twice, first being the claim embodied in original
complaint
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~if refilled claim or complaint is dismissed again through a 2nd notice of
dismissal, that second notice triggers application of 2-dismissal rule and
dismissal is deemed one with prejudice because it is considered as adjudication
upon merits
-If plaintiff files notice of dismissal providing reason that prevents refilling of
complaint, dismissal must be deemed as one WITH PREJUDICE even if notice does
not state
SEC. 2. Dismissal upon motion of plaintiff.—Except as provided in the preceding
section, a complaint shall not be dismissed at the plaintiff’s instance save upon
approval of the court and upon such terms and conditions as the court deems
proper. If a counterclaim has been pleaded by a defendant prior to the service upon
him of the plaintiff’s motion for dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without prejudice to the right of the defendant to
prosecute his counterclaim in a separate action unless within fifteen (15) days from
notice of the motion he manifests his preference to have his counterclaim resolved
in the same action. Unless otherwise specified in the order, a dismissal under this
paragraph shall be without prejudice. A class suit shall not be dismissed or
compromised without the approval of the court. (2a)
-Dismissal is NO longer a matter of right of the plaintiff but a matter of discretion
upon the court
GEN. RULE: dismissal WITHOUT prejudice
EXCEPT: if order of dismissal specifies that it is without prejudice OR when stated to
be with prejudice in motion to dismiss
-Motion to dismiss now subject to approval of court which will decide on the motion
upon such terms and conditions as are just
-Effect of dismissal upon a counterclaim already pleaded by defendant prior to
service upon him of motion to dismiss and court grants motion to dismiss: dismissal
LIMITED to COMPLAINT
-Counterclaim in NOT dismissed, whether it is compulsory or permissive-> rule
makes no distinction
-Defendant may prosecute counterclaim in a separate action OR in same action
~if in SEPARATE action: court should render corresponding order granting
and reserving his right to prosecute his claim in a separate complaint
~if in SAME action: defendant must notify court of preference within 15D
from notice of plaintiff’s motion to dismiss.
-Dismissal due to fault of plaintiff may be done by court motu prorprio or upon
motion filed by defendant
-Approval of court necessary in dismissal or compromise of class suit.
SEC. 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 evidence in chief on the
complaint, or to prosecute his 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 counterclaim in the same or in a separate
action. This dismissal shall have the effect of an adjudication upon the merits,
unless otherwise declared by the court. (3a)

-WITHOUT prejudice to right of defendant to prosecute his counterclaim in SAME
action or SEPARATE action
-Complaint may be dismissed even if plaintiff has no desire to have same resolved.
-Dismissal of case will be attributed to his fault
-Grounds for Dismissal:
a. Failure of plaintiff, without justifiable reasons, to appear on the date of
presentation of his evidence in chief
b. Failure of plaintiff to prosecute his action for an unreasonable length of
time
c. Failure of plaintiff to comply with Rules of court
d. Failure of plaintiff to obey any order of court
-Complaint may be dismissed upon MOTION OF DEFENDANT or COURT’s OWN
MOTION
-Dismissal shall have the effect of adjudication on merits UNLESS otherwise
declared by court
SEC. 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. (4n)
-Rule17 shall apply to dismissal of counterclaim, cross-claim or third-party
complaint
-Voluntary dismissal under sec1 shall be made before responsive pleading or motion
for summary judgment be served, or if there is none, before introduction of
evidence at trial or hearing
San Miguel Corp. vs. Sandiganbayan
Sec. 1 of Rule 17 allows the plaintiff to withdraw his complaint before
defendant has answered it or filed a motion for summary judgment. In
find, before the defendant has pleaded to the complaint. At that point,
defendant has hardly been exposed to any kind of damage or prejudice,
hence the plaintiff is unilaterally allowed to withdraw his complaint
Producers Bank of the Phil. vs. CA
While a court can dismiss a case on the ground of non-prosequitur, the
real test for the exercise of such power is whether, under the
circumstances, the plaintiff is chargeable with want of due diligence in
failing to proceed with reasonable promptitude
The dismissal of the action for failure to prosecute shall have the effect of
adjudication on the merits, unless otherwise provided by the court
In a case not tried on the merits and whose dismissal was due to the
negligence of counsel rather than the plaintiff, in the interest of justice, the
dismissal of the case should be decreed w/o prejudiced to the filing of a
new action
Clerk of court- before
pre-trial, may call for
Answer preliminary conference
before him = if no
settlement/compromise
Mandatory conference and personal confrontation before the judge between the
parties and their respective counsel.
At the start of the preliminary conference, the judge is mandated to refer the
parties and/or their counsels to the mediation unit of the Phil Mediation Center
(PMC). If mediation fails, the judge will schedule the continuance of the
preliminary conference. Applies to Metro Manila, Cebu, Davao City, and other
places where PMC units may be further organized and designated. (Administrative
Circular No.20-2002, Administrative Circular No. 50-2005)
SECTION 1. When conducted .—After the last pleading has been served and filed, it
shall be the duty of the plaintiff to promptly move ex parte that the case be set for
pre-trial. (5a, R20)
Set at the instance of the PLAINTIFF (it his duty to promptly move ex parte), after
the last pleading has been filed.
o Last pleading- reply to the answer of the last pleading asserting a claim
The claim could be the original complaint, the counterclaim, the cross-claim
or the 3rd party complaint.
Where the last pleading has not yet been served and filed, the case is not yet
ready for pre-trial. However, the last pleading need not be literally construed
as one having been served and filed. For purposes of the pre-trial, the
expiration of the period for filing the last pleading without it having been
served and filed is sufficient.
NOTE: TRANQUIL SAYS RIANO BOOK IS WRONG WHEN IT SAYS THE MOTION
SHOULD BE FILED 5 DAYS AFTER THE LAST PLEADING (SHOULD JUST BE
PROMPTLY
If the plaintiff fails, clerk of court moves to set the pre-trial
SEC. 2. Nature and purpose.—The pre-trial is mandatory. The court shall consider:
(a) The possibility of an amicable settlement or of a submission to alternative modes
of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents
to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner

RULE 18 - PRE-TRIAL (g) The propriety of rendering judgment on the pleadings, or summary judgment, or
of dismissing the action should a valid ground therefor be found to exist;
WHAT HAPPENS @ PRE-TRIAL:
Complaint (h) The advisability or necessity of suspending the proceedings; and
Day 1: Court will ask parties
Issues if they want to compromise. (i) Such other matters as may aid in the prompt disposition of the action. (1a, R20)
Joined PRE-TRIAL
Judge will refer the matter to
mediation before the Phil.
42 | S a n d y C r a b & t h e p l aMediation
g i a r i s Center.
t
C i v i l P r o c e d u r e M i d t e r NO
m sSETTLEMENT
S Y 2 0 1= 0 PRE-TRIAL
- 2 0 1 1
PROPER (Sec.2 comes in)
The court shall consider:
1) The possibility of an amicable settlement or a submission to alternative modes of
dispute resolution;
2) The simplification of issues;
3) The necessity or desirability of amendments to the pleadings;
4) The possibility of obtaining stipulations or admissions of facts and of documents to
avoid unnecessary proof;
Stipulations still need to be proven, while there is no need to prove admissions
= found in the answer, requirement for admissions, depositions
5) The limitation of the number of witnesses;
Failure to name a witness/mark a document: cannot testify UNLESS the court
allows for good cause (2004 Guidelines)
o BUT: if opponent does not object during trial, waived!
6) The advisability of a preliminary reference of issues to a commissioner;
7) The propriety of rendering judgment on the pleadings, or summary judgment, or
of dismissing the action should a valid ground therefore be found to exist;
8) The advisability or necessity of suspending the proceedings;
9) Such other matters as may aid in the prompt disposition of the action.
SEC. 3. Notice of pre-trial.—The notice of pre-trial shall be served on counsel, or on
the party who has no counsel. The counsel served with such notice is charged with
the duty of notifying the party represented by him. (n)
Shall be served on the COUNSEL of the party if the latter is represented by
counsel. Otherwise, the notice shall be served on the party himself. The counsel is
charged with the duty of notifying his client of the date, time and place of the pre-
trial.
So important that it would be grave abuse of discretion for the court to allow the
plaintiff to present his evidence in ex parte for failure of the defendant to appear
before the pre-trial who did not receive through his counsel a notice of pre-trial.
DE GUIA v. DE GUIA
In this case, respondents received the notice on the day itself. Though counsel did
receive an earlier notice, no imposition to inform the respondents was present on
the notice, merely a notice to the counsel is given by such registered mail.
Obviously, it is in contravention to the requirement of imposing on the counsel to
inform the respondents if ever only the counsel is notified. Such belated receipt of
the notice, which was not attributable to respondents, amounted to a lack of notice.
Thus, the lower court erred in declaring them in default and in denying them the
opportunity to fully ventilate and defend their claim in court.
Present Rules however specifically states that notice is given to counsel who is
charged with notifying the client = but such is not yet applicable to the case at
hand.
SEC. 4. Appearance of parties.—It shall be the duty of the parties and their counsel
to appear at the pre-trial. The non-appearance of a party may be excused only if a
valid cause is shown therefor or if a representative shall appear in his behalf fully
authorized in writing to enter into an amicable settlement, to submit to alternative
modes of dispute resolution, and to enter into stipulations or admissions of facts and
of documents. (n)
Duty of both the parties and their counsels to appear.
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HOW NON-APPEARANCE IS EXCUSED:
Only if a valid cause is shown for such non-appearance OR a representative shall
appear in his behalf fully authorized in writing to enter into any of the ff matters:
(a) An amicable settlement;
(b) Alternative modes of dispute resolution;
(c) Stipulations and admissions of facts
Written authority must be in an SPA, or if a corporation, a Secretary’s certificate
Remember: if there is a representative, no need for a valid excuse
o LAWYER may be given but the danger is if he does not appear, the client
suffers the consequences.
SEC. 5. Effect of failure to appear.—The failure of the plaintiff to appear when so
required pursuant to the next preceding section shall be cause for dismissal of the
action. The dismissal shall be with prejudice, unless otherwise ordered by the court.
A similar failure on the part of the defendant shall be cause to allow the plaintiff to
present his evidence ex parte and the court to render judgment on the basis
thereof. (2a, R20)
BY THE PLAINTIFF:
Cause for the dismissal of the action, with prejudice except when the court orders
otherwise
o Remedy: to appeal from the order of dismissal (an order dismissing an action
w/prejudice is appealable)
BY THE DEFENDANT:
Cause to allow the plaintiff to present his evidence ex parte and for the court to
render judgment on the basis thereof.
o Order is merely interlocutory and not appealable
o Remedy: motion to lift order of grounds of FAME
His non-appearance is not a ground to declare him in default.
SEC. 6. Pre-trial brief.—The parties shall file with the court and serve on the adverse
party, in such manner as shall ensure their receipt thereof at least three (3) days
before the date of the pre-trial, their respective pre-trial briefs which shall contain,
among others:
(a) A statement of their willingness to enter into amicable settlement or alternative
modes of dispute resolution, indicating the desired terms thereof;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented, stating the purpose thereof;
(e) A manifestation of their having availed or then intention to avail themselves of
discovery procedures or referral to commissioners; and
(f) The number and names of the witnesses, and the substance of their respective
testimonies.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the
pre-trial. (n)
 No such thing as defective pre-trial brief, just submit it! allowed to the pleadings, and the agreements or admissions made by the parties as
to any of the matters considered. Should the action proceed to trial, the order shall
IMPORTANCE OF IDENTIFICATION AND MARKING OF EVIDENCE explicitly define and limit the issues to be tried. The contents of the order shall
No evidence shall be presented and offered during the trial in support of a party’s
control the subsequent course of the action, unless modified before trial to prevent
evidence-in-chief other than those that had been earlier identified and pre-
marked during the pre-trial, except if allowed by the court for good cause shown. manifest injustice. (5a, R20)
(A.M. No. 03-1-09-SC)
Very impt! Narrates what transpired in the pre-trial
Contents: (S-A-N-D-I)
LEGAL EFFECT OF REPRESENTATIONS AND STATEMENTS IN THE PRE-TRIAL BRIEF
1) Statement of the nature of the case;
Parties are bound and are in the nature of judicial admissions
2) Stipulations or admissions of the parties, including testimonial and
documentary evidence;
NO TERMINATION OF PRE-TRIAL FOR FAILURE TO SETTLE
3) The issues involved: a) factual and b) legal;
The judge should not allow the termination of pre-trial simply bec of the
4) Number of witnesses;
manifestation of the parties that they cannot settle the case. Instead, he should
5) Dates of trial.
expose the parties to the advantages of a pre-trial. He must also be mindful that
This order of the court is issued upon termination of the pre-trial, w/in 10 days
there are impt aspects of the pre-trial that ought to be taken up to expedite the
after. (A.M. No. 03-109-SC)
disposition of the case. (A.M. No. 03-1-09-SC)
Should the action proceed to trial, the pre-trial order:
If all efforts to settle fail, the trial judge shall endeavor to achieve the other
(a) Defines and limits the issues to be tried, and
purposes of pre-trial such as obtaining admissions or stipulations of fact.
(b) Controls the subsequent course of the action except if it is modified before
It is only during the pre-trial that parties will agree on date and time for the trial.
trial to prevent manifest injustice.
The court shall ask the parties to agree on the specific dates for continuous trial,
adhere to the case flow chart determined by the court and use the time frame for
each stage in setting the trial dates. PRE-TRIAL IN CIVIL CASES PRE-TRIAL IN CRIM CASES
Adherence to the ONE DAY EXAMINATION WITNESS RULE shall be required where
the witness shall be fully examined in 1 day only, subject to the court’s discretion Set when the plaintiff moves ex Ordered by the court and no
during the trial on whether or not to extend the examination for justifiable parte to set the case for pre- motion to set the case is
reasons. trial required
Where no settlement has been effected, the court shall follow the MOST
IMPORTANT WITNESS RULE, where the court shall determine the most impt
Motion is made after the last Ordered after arraignment and
witnesses and limit the number of such witnesses and require the parties and/or
counsels to submit to the branch clerk of court the names, addresses and contact pleading has been served and w/in 30 days from the date the
number of the witnesses to be summoned by subpoena. None however, that the filed court acquires jurisdiction over
court may also refer the case to a trial by commissioner under Rule 32. (A.M. No. the person of the accused
03-109-SC)
Considers the possibility of Does not include the possibility
QUESTIONS ARE TO BE ASKED BY THE JUDGE
amicable settlement as an impt of amicable settlement as a
During the pre-trial, the judge shall be the one to ask questions on issues raised
objective purpose
by the parties and all questions or comments by counsel or parties must be
directed to the judge to avoid hostilities b/w the parties.
Agreements and admissions All agreements or admissions
MERCADER v. DBP made are not required to be made or entered shall be
Indeed, the pre-trial is primarily intended to make certain that all issues necessary signed by both the parties and reduced in writing and signed
to the disposition of a case are properly raised. The purpose is to obviate the their counsels. They are by both the accused and
element of surprise, hence, the parties are expected to disclose at the pre-trial
instead contained in the pre- counsel, otherwise, cannot be
conference all issues of law and fact which they intend to raise at the trial, except
such as may involve privileged or impeaching matter. In the case at bar, the pre- trial brief and order. used against the accused.
trial order included as integral to the complete adjudication of the case the issue of
whether the MERCADERs can demand specific performance from the DBP relative to But proceedings during the
the lease-purchase option. Thus, the element of surprise that the provision on pre- preliminary conference to be
trial attempts to preclude was satisfied. recorded in the Minutes are
now required to be signed by
SEC. 7. Record of pre-trial.—The proceedings in the pretrial shall be recorded. Upon both parties and/or counsel.
the termination thereof, the court shall issue an order which shall recite in detail the The rule allows either the party
matters taken up in the conference; the action taken thereon, the amendments

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or his counsel to sign it.
Sanctions for non-appearance
are upon the plaintiffs
Pre-trial brief is specifically
required to be submitted
RULE 19 - INTERVENTION
Sanctions for non-appearance
are upon the counsel for the
accused or the prosecutor
Pre-trial brief not required
FACTORS TO BE CONSIDERED BY COURT:
1. W/N the intervention will unduly delay or prejudice the adjudication of
rights of original parties
2. W/N the intervenor’s rights may be fully protected in a separate
proceeding
INTEREST IN THE SUBJECT: direct interest in the cause of action as pleaded and
which would put the intervenor in a legal position to litigate a fact alleged in the
complaint, without the establishment of which plaintiff could not recover
PROCEDURE FOR INTERVENTION:
1. The intervenor shall file a motion for intervention attaching thereto his
pleading-in-intervention.
2. Motion and pleading shall be served upon original parties
LEGAL INTEREST: actual and material, direct and of an immediate character

INTERVENTION: legal proceeding by which a person who is not a party to the action
is permitted by the court to become a party by intervening in a pending action after
meeting the conditions and requirements set by the RoC
-it is a remedy by which a 3rd party not originally impleaded in the proceedings
becomes a litigant therein to enable to protect or preserve a right or interest.
GEN. RULE: only ancillary and supplemental to existing litigation
EXCEPT: when intervention has been allowed and the complaint in intervention has
already been filed before plaintiff’s action had been expressly dismissed
-cannot alter nature of action and issues already joined
-optional and permissive
-court has full measure of discretion which must be exercised judiciously and only
after consideration of all circumstances
-not an absolute right as It can be secured only in accordance with the terms of the
applicable rule
REQUISITES:
a. There must be a motion (necessary because leave of court is required before
a person may be allowed to intervene) for intervention file BEFORE rendition
of judgment by the trial court.
b. Movant must show in his motion that he has legal interest in: (1) the matter
in litigation, (2) success of either of the parties in the action or (3) against
both parties
SECTION 1. Who may intervene.—A person who has a legal interest in the matter in
litigation, or in the success of either of the parties, or an interest against both, or is
so situated as to be adversely affected by a distribution or other disposition of
property in the custody of the court 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. (2[a], [b]a, R12)
SEC. 2. Time to intervene.–The motion to intervene may be filed at any time before
rendition of judgment by the trial court. A copy of the pleading-in-intervention shall
be attached to the motion and served on the original parties. (n)
-Motion to intervene must be filed at any time BEFORE rendition of judgment by the
trial court
-After rendition of judgment, a motion to intervene is barred, even if judgment itself
recognizes the right of the movant
-Remedy of movant: file separate action
EXCEPT:
1. With respect to indispensable parties, intervention may be allowed even on
appeal
2. When the intervenor is the Republic
3. Intervention may be allowed after judgment where necessary to protect
some interest which cannot otherwise be protected, and for the purpose of
preserving the intervenor’s right to appeal
SEC. 3. Pleadings-in-intervention.–The intervenor shall file a complaint-in-
intervention if he asserts a claim against either or all of the original parties, or an
answer-in-intervention if he unites with the defending party in resisting a claim
against the latter. (2[c]a, R12)
The pleading to be filed depends upon the purpose of the intervention:
-if to be filed depends upon the purpose of the intervention. if the purpose
is to assert a claim against either or all of the original parties-> Complaint-
in-intervention.
-if pleadings seek to unite with the defending party in resisting a claim
against the latter, he should file-> Answer-in-intervention
SEC. 4. Answer to complaint-in-intervention.–The answer to the complaint-in-
intervention shall be filed within fifteen (15) days from notice of the order admitting
the same, unless a different period is fixed by the court. (2[d]a, R12)

1. One who has a legal interest in the matter in litigation Answer to complaint-in-intervention shall be filed within 15D from notice of order
2. One who has legal interest in the success of either of the parties admitting the same, unless different period is fixed by court.
3. One who has interest against both parties REMEDIES for DENIAL of INTERVENTION:
4. One who is so situated as to be adversely affected by a distribution or 1. appeal
other disposition of property in the custody of the court or of an officer 2. mandamus, if there is GAD
thereof -if there is improper granting of intervention, remedy-> CERTIORARI

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Hon. Fortich vs. Hon. Corona
Intervenors, who are admittedly not regular but seasonal farm workers, have
no legal or actual & substantive interest over the subject land in as much as
they have no right to own the land. Rather, their right is limited only to a just
share of the fruits of the land
Looyuko vs. Court
The motion of intervention should be filed anytime before rendition of judgment
Intervention can no longer be allowed in a case already terminated by final
judgment
Interventions is merely collateral or accessory or ancillary to the principal
action and not an independent proceeding. When the main action ceases to
exist, there is no pending proceeding wherein the intervention maybe based
In exceptional cases, the Court has allowed intervention notwithstanding the
rendition of judgment by the trial court
The requirement for the joinder of the person claiming an interest subordinate
to the mortgage sought to be foreclosed is not mandatory in character but
merely directory, in the sense that failure to comply therewith will not
invalidate the foreclosure proceedings
Heirs of Pael vs. CA
Where any pronouncement by the SC affecting properties in a case would
create a cloud over a person’s title, it has a right to intervene in the
proceedings
In order to avoid the in the institution of new cases and thus obviate further
litigation, the Court deems it best to have any conflict and dispute on the
matter speedily resolved through intervention
International Pipes Inc. vs. FF Cruz & Co. Inc.
Intervention cannot exist as an independent action – it is merely ancillary &
supplemental to an existing litigation
Spouses Magat vs. Spouses Delizo
It was an error for the trial court to entertain the motion for intervention when
it was filed after the case had not only been submitted for decision but was in
fact partially executed
Labad vs. University of Southeaster Philippines
While as a rule, the extension should be tacked to the original period &
commence immediately after the expiration of such period, in Moskowsky vs.
CA, and Vda. De Capulong vs. Workmen’s Insurance Co. Inc., the SC allowed
the extended period to commence from the specific time prayed for in the
motion for extension
RULE 20 - CALENDAR OF CASES
SECTION 1. Calendar of cases.–The clerk of court, under the direct supervision of
the judge, shall keep a calendar of cases for pre-trial, for trial, those whose trials
were adjourned or postponed, and those with motions to set for hearing. Preference
shall be given to habeas corpus cases, election cases, special civil actions, and those
so required by law. (1a, R22)
Preference given to:
1) Habeas corpus cases
2) Election cases
3) Special civil actions
4) Those required by law
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SEC. 2. Assignment of cases.–The assignment of cases to the different branches of
court shall be done exclusively by raffle. The assignment shall be done in open
session of which adequate notice shall be given so as to afford interested parties the
opportunity to be present (7a, R22)
RULE 21 - SUBPOENA
SECTION 1. Subpoena and subpoena duces tecum.— Subpoena is a process directed
to a person requiring him to attend and to testify at the hearing or the trial of an
action, or at any investigation conducted by competent authority, or for the taking
of his deposition. It may also require him to bring with him any books, documents,
or other things under his control, in which case it is called a subpoena duces tecum.
(1a, R23)
SUBPOENA AD TESTIFICANDUM: process directed to a person requiring him to
attend and to testify at the hearing or the trial of an action or at any investigation
conducted by competent authority or for taking of his deposition
SUBPOENA DUCES TECUM: process directed to person requiring him to bring with
him books, documents, or other things under his control
SEC. 2. By whom issued.—The subpoena may be issued by—
a) the court before whom the witness is required to attend;
b) the court of the place where the deposition is to be taken;
c) the officer or body authorized by law to do so in connection with investigations
conducted by said officer or body; or
d) any Justice of the Supreme Court or of the Court of Appeals in any case or
investigation pending within the Philippines.
When application for a subpoena to a prisoner is made, the judge or officer shall
examine and study carefully such application to determine whether the same is
made for a valid purpose.
No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is
confined in any penal institution shall be brought outside the said penal institution
for appearance or attendance in any court unless authorized by the Supreme Court.
(2a, R23)
Subpoena to a PRISONER: must be for a valid purpose. if prisoner required to
appear in court is sentenced to death, reclusion perpetua or life imprisonment and is
confined in prison- must be authorized by SC
SEC. 3. Form and contents.—A subpoena shall state the name of the court and the
title of the action or investigation, shall be directed to the person whose attendance
is required, and in the case of a subpoena duces tecum, it shall also contain a
reasonable description of the books, documents or things demanded which must
appear to the court prima facie relevant. (3a, R23)
1. Shall state name of court and the title of the action or investigation
2. Shall be directed to person whose attendance is required
 3. In the case of subpoena duces tecum- contain reasonable description of
books, documents or things demanded which must appear to the court to
be prima facie relevant
SEC. 4. Quashing a subpoena.—The court may quash a subpoena duces tecum upon
motion promptly made and, in any event, at or before the time specified therein if it
is unreasonable and oppressive, or the relevancy of the books, documents or things
does not appear, or if the person in whose behalf the subpoena is issued fails to
advance the reasonable cost of the production thereof.
The court may quash a subpoena ad testificandum on the ground that the witness is
not bound thereby. In either case, the subpoena may be quashed on the ground
that the witness fees and kilometrage allowed by these Rules were not tendered
when the subpoena was served. (4a, R23)
-If subpoena is duces tecum-> reasonable cost of producing books, documents or
things demanded shall also be tendered.
SEC. 7. Personal appearance in court.—A person present in court before a judicial
officer may be required to testify as if he were in attendance upon a subpoena
issued by such court or officer. (10, R23)
SEC. 8. Compelling attendance.—In case of failure of a witness to attend, the court
or judge issuing the subpoena, upon proof of the service thereof and of the failure of
the witness, may issue a warrant to the sheriff of the province, or his deputy, to
arrest the witness and bring him before the court or officer where his attendance is
required, and the cost of such warrant and seizure of such witness shall be paid by
the witness if the court issuing it shall determine that his failure to answer the
subpoena was willful and without just excuse. (11, R23)

1. Subpoena duces tecum (MPura) Court which issued subpoena may issue WARRANT for the ARREST of WITNESS and
a.Motion promptly made make him pay for the cost of such warrant and seizure if the court should determine
b.Proof that: that his disobedience was willful and without cause
~it is unreasonable and oppressive
~articles sought to be produced do not appear prima facie to be relevant
SEC. 9. Contempt—Failure by any person without adequate cause to obey a
to the issues or
subpoena served upon him shall deemed a contempt of the court from which the
~person asking for the subpoena does not advance the cost for the
subpoena is issued. If the subpoena was not issued by a court, the disobedience
production of the articles desired
thereto shall be punished in accordance with the applicable law or Rule (12a, R23)
2. Subpoena ad testificandum: witness not bound thereby- meaning no
conflicting interests (eg. atty-client relationship, etc)
-Subpoena may be quashed for failure to TENDER witness fees and KILOMETRAGE
allowed by rules SEC8 & SEC9 do NOT apply where:
1. Witness resides more than 100km from his residence to the place where
he is to testify by the ordinary course of travel (Viatory Right)
SEC. 5. Subpoena for depositions.—Proof of service of a notice to take a deposition,
-remedy: deposition
as provided in sections 15 and 25 of Rule 23, shall constitute sufficient authorization
2. Permission of court in which the detention prisoner’s case is pending was
for the issuance of subpoenas for the persons named in said notice by the clerk of
not obtained
the court of the place in which the deposition is to be taken. The clerk shall not,
however, issue a subpoena duces tecum to any such person without an order of the
court. (5a, R23)-
RULE 22- COMPUTATION OF TIME

SEC. 6. Service.—Service of a subpoena shall be made in the same manner as SECTION 1. How to compute time.—In computing any period of time prescribed or
personal or substituted service of summons. The original shall be exhibited and a allowed by these Rules, or by order the court, or by any applicable statute, the day
copy thereof delivered to the person on whom it is served, tendering to him the fees of the act or event from which the designated period of time begins to run is to
for one day’s attendance and the kilometrage allowed by these Rules, except that, excluded and the date of performance included. If the last day of the period, as thus
when a subpoena is issued by or on behalf of the Republic of the Philippines or an computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the
officer or agency thereof, the tender need not be made. The service must be made court sits, the time shall not run until the next working day. (n)
so as to allow the witness a reasonable time for preparation and travel of the place
of attendance. If the subpoena is duces tecum, the reasonable cost of producing the
books, documents or things demanded shall also be tendered. (6a, R23) SEC. 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 aft notice of the cessation of the cause thereof.
-Made in same manner as personal or substituted service of summons
The day of the act that caused the interruption shall be excluded in the computation
-Original shall be exhibited and a copy to be delivered to person on whom it is
of the period. (n)
served
-Tendering to him the fees for one day’s attendance or kilometrage allowed by rules
EXCEPT when subpoena is issued by or on behalf of the Republic or an officer or
agency thereof, the tender need not be made
-Service must be made so as to allow witness reasonable time for preparation and
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 Modes of Discovery (Rule 23-29)
RULE 23- DEPOSITIONS PENDING ACTION
DEPOSTIONS: written testimony of a winess given in the course of judicial
proceeding in advance of trial or hearing upon oral exam or in response to written
interrogatories and where an opportunity if given for cross-exam
-Means to compel disclosure of facts resting in the knowledge of a party or other
person which are relevant in a suit/proceeding
KINDS OF DEPOSITIONS:
i. Oral depositions (Sec. 15)
ii. Written interrogatories (Sec. 25)
i. The questions are already appended
WHAT TO FILE TO INITIATE DEPOSITION TAKING?
Before an Answer has been filed:
o Motion to take oral deposition or written interrogatories
After an Answer has been filed:
o Notice to take oral deposition or written interrogatories
SECTION 1. Depositions pending action, when may be taken.—By leave of court
after jurisdiction has been obtained over any defendant or over property which is
the subject of the action, without such leave after an answer has been served, the
testimony of any person, whether a party or not, may be taken, at the instance of
any party, by deposition upon oral examination or written interrogatories. The
attendance of witnesses may be compelled by the use of a subpoena as provided in
Rule 21. Depositions shall be taken only in accordance with these Rules. The
deposition of a person confined in prison may be taken only by leave of court on
such terms as the court prescribes. (1a, R24)
When taken WITH leave of court:
1. After jurisdiction has been obtained over any defendant or over the
property which is the subject of action but BEFORE action is filed
2. Deposition of a person confined in prison
When taken WITHOUT leave of court:
1. after answer and deponent not confined in prison
SEC. 2. Scope of examination.—Unless otherwise ordered by the court as provided
by section 16 or 18 of this Rule, the deponent may be examined regarding any
matter, not privileged, which is relevant to the subject of the pending action,
whether relating to the claim or defense of any other party, including the existence,
description, nature, custody, condition, and location of any books, documents, or
other tangible things and the identity and location of persons having knowledge of
relevant facts. (2, R24)
What is the scope and coverage of a deposition?
Any relevant matter which is not
1. Privileged
Marital privilege, filial privilege, attorney-client, doctor-
patient
2. Restricted by protective order
What if the answer can expose the deponent to criminal liability?
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He may invoke his right against self-incrimination and refuse to answer
What if the answer may expose the deponent to civil liability?
He may not invoke the aforementioned right. He has to answer truthfully
SEC. 3. Examination and cross-examination .—Examination and cross-examination
of deponents may proceed as permitted at the trial under sections 3 to 18 of Rule
132. (3a, R24)
SEC. 4. Use of depositions.—At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a deposition, so far as admissible under
the rules of evidence, may be used against any party who was present or
represented at the taking of the deposition or who had due notice thereof, in
accordance with any one of the following provisions:
(a) Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the time of taking the deposition
was an officer, director, or managing agent of a public or private corporation,
partnership, or association which is a party may be used by an adverse party for
any purpose;
(c) The deposition of a witness, whether or not a party, may be used by any
party for any purpose if the court finds: (1) that the witness is dead; or (2) that the
witness resides at a distance more than one hundred (100) kilometers from the
place of trial or hearing, or is out of the Philippines, unless it appears that his
absence was procured by the party offering the deposition; or (3) that the witness is
unable to attend or testify because of age, sickness, infirmity, or imprisonment; or
(4) that the party offering the deposition has been unable to procure the attendance
of the witness by subpoena; or (5) upon application and notice, that such
exceptional circumstances exist as to make it desirable, in the interest of justice and
with due regard to the importance of presenting the testimony of witnesses orally in
open court, to allow the deposition to be used; and
(d) If only part of a deposition is offered in evidence by a party; the adverse party
may require him to introduce all of it which is relevant to the part introduced, and
any party may introduce any other parts. (4a, R24)
WHAT ARE THE USES OF A DEPOSITION?
1. Contradict or implead the testimony of deponent as a witness
Impeach a prior inconsistent statement
2. For any purpose by the adverse party if the deposition as made by:
a. Any Party
b. A person who was (at the time the deposition was taken) an officer,
director, managing agent of a Public/Private Corporation/Partnership
or Association which is a PARTY to the proceedings
3. The deposition of a witness –whether or not a party- may be used by any party
for any purpose if the court finds:
That the witness is dead
Witness resides more than 100km from the place of the hearing, or
outside the Philippines
Witness unable to attend to testify because of age, sickness, infirmity
or imprisoned
Party offering the deposition was unable to procure the attendance of
the witness by subpoena
 Analogous circumstances in the interest of justice, upon application
and notice
4. If only part of a deposition is offered in evidence by a party, the adverse party
may require the use and introduction of the entire deposition
SEC. 5. Effect of substitution of parties.—Substitution of parties does not affect the
right to use depositions previously taken; and, when an action has been dismissed
and another action involving the same subject is afterward brought between the
same parties or their representatives or successors in interest, all depositions
lawfully taken and duly filed in the former action may be used in the latter as if
originally taken therefor. (5, R24)
What is the effect of the substitution of parties on the right to use depositions
previously taken?
None. The substitution will not affect the right to use prior depositions.
SEC. 6. Objections to admissibility.—Subject to the provisions of section 29 of this
Rule, objection may be made at the trial or hearing to receiving in evidence any
deposition or part thereof for any reason which would require the exclusion of the
evidence if the witness were then present and testifying. (6, R24)
SEC. 7. Effect of taking depositions.—A party shall not be deemed to make a person
his own witness for any purpose by taking his deposition. (7, R24)
SEC. 8. Effect of using depositions.—The introduction in evidence of the deposition
or any part thereof for any purpose other than that of contradicting or impeaching
the deponent makes the deponent the witness of the party introducing the
deposition, but this shall not apply to the use by an adverse party of a deposition as
described in paragraph (b) of section 4 of this Rule. (8, R24)
What is the effect of taking depositions?
A party shall not be deemed to have made a deponent his own witness by
the mere taking of the deposition
What is the effect of using the deposition?
The deponent is made a witness of the party introducing the deposition
This means the entire deposition may now be examined and used by the
other party
The use of a deposition does not prevent the actual/physical introduction
of the deponent on to the witness stand
What is the rule on the use of depositions taken at a former judicial proceeding
involving the same parties?
The testimony or deposition of a witness deceased or unable to testify,
given in a former case or proceeding, judicial or administrative, involving
the same parties and subject matter, may be given in evidence against the
adverse party who had the opportunity to cross-examine him. (Rule 130,
Sec. 47)
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SEC. 9. Rebutting deposition.—At the trial or hearing, any party may rebut any
relevant evidence contained in a deposition whether introduced by him or by any
other party. (9, R24)
SEC. 10. Persons before whom depositions may be taken within the Philippines.—
Within the Philippines, depositions must be taken before any judge, notary public,
on the person referred to in section 14 hereof. (10a, R24)
SEC. 11. Persons before whom depositions may be taken in foreign countries.—In a
foreign state or country, depositions may be taken (a) on notice before a secretary
of embassy or legation, consul general, consul, vice-consul, or consular agent of the
Republic of the Philippines; (b) before such person or officer as may be appointed by
commission or under letters rogatory; or (c) the person referred to in section 14
hereof. (11a, R24)
SEC. 12. Commission or letters rogatory.—A commission or letters rogatory shall be
issued only when necessary or convenient, on application and notice, and on such
terms and with such direction as are just appropriate. Officers may be designated in
notices or commissions either by name or descriptive title and letters rogatory may
be addressed to the appropriate judicial authority in the foreign country. (12n, R24)
BEFORE WHOM MAY THE DEPOSITION BE TAKEN?
If deponent is in the Philippines, Sec. 10 applies:
1. Judge
2. Notary public (Notarial practice law of 2004)
a. Should notarize in his place of business only
3. Before any person authorized to administer oaths and stipulated by the
parties (Sec. 14)
If deponent is in a foreign country, Sec. 11 applies:
1. On notice, before a Secretary of embassy or legation, consul-general,
consul, vice-consul, or consular agent of the RP
2. Person/officer appointed by commission or under letters rogatory
3. Before any person authorized to administer oaths and stipulated by the
parties (Sec. 14)
Why not ambassadors?
Because their position is an appointment of a political nature
What is a Letters Rogatory?
It is a letter of request. A formal request from one court to another court
of foreign jurisdiction for some type of judicial assistance
SEC. 13. Disqualification by interest.—No deposition shall be taken before a person
who is a relative within the sixth degree of consanguinity or affinity, or employee or
counsel of any of the parties; or who is a relative within the same degree, or
employee of such counsel; or who is financially interested in the action. (13a, R24)
Who are disqualified to take depositions?
Person who is relative within the 6th degree of affinity/consanguinity,
employee or counsel of any of the parties
A Relative within the same degree or employee of such counsel
 Person who is financially interested in the proceedings
SEC. 14. Stipulations regarding taking of depositions.—If the parties so stipulate in
writing, depositions may be taken before any person authorized to administer oaths,
at any time or place, in accordance with these Rules, and when so taken may be
used like other depositions. (14a, R24)
SEC. 15. Deposition upon oral examination; notice; time and place.—A party
desiring to take the deposition of any person upon oral examination shall give
reasonable notice in writing to every other party to the action. The notice shall state
the time and place for taking the deposition and the name and address of each
person to be examined, if known, and if the name is at known, a general description
sufficient to identify him or the particular class or group to which he belongs. On
motion of any party upon whom the notice is served, the court may for cause shown
enlarge or shorten the time. (15, R24)
SEC. 16. Orders for the protection of parties and deponents.— After notice is served
for taking a deposition by oral examination, upon motion seasonably made by any
party or by the person to be examined and for good cause shown, the court in which
the action is pending may make an order that the deposition shall not be taken, or
that it may be taken only at some designated place other than that stated in the
notice, or that it may be taken only on written interrogatories, or that certain
matters shall not be inquired into, or that the scope of the examination shall be held
with no one present except the parties to the action and their officers or counsel, or
that after being sealed the deposition shall b opened only by order of the court, or
that secret processes developments, or research need not be disclosed, or that the
parties shall simultaneously filed specified documents or information enclosed in
sealed envelope to be opened as directed by the court; or the court may make any
other order which justice requires to protect the party or witness from annoyance,
embarrassment, or oppression. (16a, R24)
SEC. 17. Record of examination; oath; objections.—The officer before whom the
deposition is to be taken shall put the witness or oath and shall personally, or by
some one acting under his direction and in his presence, record the testimony of the
witness. The testimony shall be taken stenographically unless the parties agree
otherwise. All objections made at the time of the examination to the qualifications of
the officer taking the deposition, or to the manner of taking it, or to the evidence
presented, or to the conduct of any party, and any other objection to the
proceedings, shall be noted by the officer upon the deposition. Evidence objected to
shall be taken subject to the objections. In lieu of participating in the oral
examination, parties served with notice of taking a deposition may transmit written
interrogatories to the officers, who shall propound them to the witness and record
the answers verbatim. (17, R24)
SEC. 18. Motion to terminate or limit examination.—At any time during the taking of
the deposition, on motion or petition of any party or of the deponent and upon a
showing that the examination is being conducted in bad faith or in such manner, as
unreasonably to annoy, embarrass, or oppress the deponent or party, the court in
which the action is pending or the Regional Trial Court of the place where the
deposition is being taken may order the officer conducting the examination to cease
forthwith from taking the deposition, or may limit the scope and manner of the
taking of the deposition, as provided in section 16 of this Rule. If the order made
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terminates the examination, it shall be resumed thereafter only upon the order of
the court in which the action is pending. Upon demand of the objecting party or
deponent, the taking of the deposition shall be suspended for the time necessary to
make a notice for an order. In granting or refusing such order, the court may
impose upon either party or upon the witness the requirement to pay such costs or
expenses as the court may deem reasonable. (18a, R24)
HOW CAN YOU OPPOSE THE TAKING OF A DEPOSITION?
Upon a motion made based on the following grounds:
That the witness or the testimony is not relevant to the proceedings (Sec. 1)
To protect the witness in an oral deposition from annoyance, embarrassment or
oppression (Sec. 16 and 18)
To protect the witness of a written interrogatory from annoyance,
embarrassment or oppression (Sec. 28)
SEC. 19. Submission to witness; changes; signing.—When the testimony is fully
transcribed, the deposition shall be submitted to the witness for examination and
shall be read to or by him, unless such examination and reading are waived by the
witness and by the parties. Any changes in form or substance which the witness
desires to make shall be entered upon the deposition by the officer with a statement
of the reasons given by the witness for making them. The deposition shall then be
signed by the witness, unless the parties by stipulation waive the signing or the
witness is ill or 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 the fact of the waiver or
of the illness or absence of the witness or the fact of the refusal to sign together
with the reason given therefor, if any, and the deposition may then be used as fully
as though signed, unless on a motion to suppress under section 29 (f) of this Rule,
the court holds that the reasons given for the refusal to sign require rejection Of the
deposition in whole or in part. (19a, R24)
SEC. 20. Certification and filing by officer.—The officer shall certify on the deposition
that the witness was duly sworn to by him and that the deposition is a true record of
the testimony given by the witness. He shall then securely seal the deposition in an
envelope indorsed with the title of the action and marked “Deposition of (here insert
the name of witness)” and shall promptly file it with the court in which the action is
pending or send it by registered mail to the clerk thereof for filing. (20, R24)
SEC. 21. Notice of filing.—The officer taking the deposition shall give prompt notice
of its filing to all the parties. (21, R24)
What is the Process of Deposition-taking? (Sec. 17, 19, 20 and 21)
1. Taking of the testimony by stenographic notes (Sec. 17)
2. Signing of the transcribed testimony by the witness (Sec. 19)
3. Certification of the officer (Sec. 20)
4. Placing in a sealed envelope (Sec. 20)
5. Filing in Court (Sec. 20)
6. The Officer gives notice of the filing of the deposition to all parties (Sec.
21)
SEC. 22. Furnishing copies.--Upon payment of reasonable charges therefor, the
officer shall furnish a copy of the deposition to any party or to the deponent. (22,
R24)
SEC. 23. Failure to attend of party giving notice.—If the party giving the notice of
the taking of a deposition fails to attend and proceed therewith and another attends
in person or by counsel pursuant to the notice, the court may order the party giving
the notice to pay such other party the amount of the reasonable expenses incurred
by him and his counsel in so attending including reasonable attorney’s fees. (23a,
R24)
SEC. 24. Failure of party giving notice to serve subpoena.— If the party giving the
notice of the taking of a deposition of a witness fails to serve a subpoena upon him
and the witness because of such failure does not attend, and if another party
attends in person or by counsel because he expects the deposition of that witness to
be taken, the court may order the party giving the notice to pay to such other party
the amount of the reasonable expenses incurred by him and his counsel in so
attending including reasonable attorney’s fees. (24a, R24)
SEC. 25. Deposition upon written interrogatories; service of notice and of
interrogatories.—A party desiring to take the deposition of any person upon written
interrogatories shall serve them upon every other party with a notice stating the
name and address of the person who is to answer them and the name of descriptive
title and address of the officer before whom the deposition is to be taken. Within ten
(10) days thereafter, a party so served may serve cross-interrogatories upon the
party proposing to take the deposition. Within five (5) days thereafter, the latter
may serve re-direct interrogatories upon a party who has served cross-
interrogatories. Within three (3) days after being served with re-direct
interrogatories, a party may serve recross-interrogatories upon the party proposing
to take the deposition. (25, R24)
SEC. 26. Officers to take responses and prepare record.—A copy of the notice and
copies of all interrogatories served shall be delivered by the party taking the
deposition to the officer designated in the notice, who shall proceed promptly, in the
manner provided by sections 17, 19 and 20 of this Rule, to take the testimony of
the witness in response to the interrogatories and to prepare, certify, and filed or
mail the deposition, attaching thereto the copy of the notice and the interrogatories
received by him. (26, R24)
SEC. 27. Notice of filing and furnishing copies.—When a deposition upon
interrogatories is filed, the officer taking it shall promptly give notice thereof to all
the parties, and may furnish copies to them or to the deponent upon payment of
reasonable charges therefor. (27, R24)
SEC. 28. Orders for the protection of parties and deponents.—After the service of
the interrogatories and prior to the taking of the testimony of the deponent, the
court in which the action is pending, on motion promptly made by a party or a
deponent, and for good cause shown, may make any order specified in sections 15,
16 and 18 of this Rule which is appropriate and just or an order that the deposition
shall not be taken before the officer designated in the notice or that it shall not be
taken except upon oral examination. (28a, R24)
SEC. 29. Effect of errors and irregularities in depositions.
(a) As to notice.—All errors and irregularities in the notice for taking a
deposition are waived unless written objection is promptly served upon the party
giving the notice.
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(b) As to disqualification of officer.—Objection to taking a deposition because
of disqualification of the officer before whom it is to be taken is waived unless made
before the taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with reasonable diligence.
(c) As to competency or relevancy of evidence.—Objections to the
competency of a witness or the competency, relevancy, or materiality of testimony
are not waived by failure to make them before or during the taking of the
deposition, unless the ground of the objection is one which might have been
obviated or removed if presented at that time.
(d) As to oral examination and other particulars.—Errors and irregularities
occurring at the oral examination in the manner of taking the deposition, in the form
of the questions or answers, in the oath or affirmation, or in the conduct of the
parties and errors of any kind which might be obviated, removed, or cured if
promptly prosecuted, are waived unless reasonable objection thereto is made at the
taking of the deposition.
(e) As to form of written interrogatories.—Objections to the form of written
interrogatories submitted under sections 25 and 26 of this Rule are waived unless
served in writing upon the party propounding them within the time allowed for
serving succeeding cross or other interrogatories and within three (3) days after
service of the last interrogatories authorized.
(f) As to manner of preparation.—Errors and irregularities in the manner in
which the testimony is transcribed or the deposition is prepared, signed, certified,
sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under
sections 17, 19, 20 and 26 of this Rule are waived unless a motion to suppress the
deposition or some part thereof is made with reasonable promptness after such
defect is, or with due diligence might have been, ascertained. (29a, R24)
What is the Effect of errors or irregularities?
o As to notice:
GR: waived
Unless promptly served to party giving notice
o As to competence or relevancy of evidence
GR: not waiveable
Admissibility of evidence as defined in rule 128
Evidence must be relevant and competent
o AS to disqualification of officer
GR: Waived
Unless made before taking of the deposition begins as soon
thereafter as DQ becomes known
o AS to oral examination
Waived unless objected
o AS to written interrogatories
GR waived
Unless contested within the period given
o As to manner of preparation
GR: Waived
Unless motion to suppress the deposition or some part
thereof is promptly made
RULE 24 - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
SELDOM USED! But if used, should be before the court that rendered the
judgment
 Referred to as a perpetuation of testimony or perpertuam rei memoriam bec the
objective is to perpetuate the testimony of a witness for future use.
SECTION 1. Depositions before action; petition.—A person who desires to
perpetuate his own testimony or that of another person regarding any matter that
may be cognizable in any court of the Philippines, may filed a verified petition in the
court of the place of the residence of any expected adverse party. (1a, R134)
Done by filing a verified petition in the place of the residence of any expected
adverse party. This petition is filed by a person who desires to perpetuate his own
testimony or that of another regarding any matter that may be cognizable in any
court of the Philippines.
There is yet not case, in fact there may be no cause of action yet
The purpose is perpetuating testimony
It is difficult to convince clients to agree to resort to this remedy because it is not
a concrete judicial action. It is not a result-oriented remedy because it does not
lead to immediate judicial action or judicial relief. Instead, it just takes the
testimony of a possible witness for a possible future proceeding
Who can apply?
Any person who desires to perpetuate the testimony of another
What to file?
A verified petition because this is an initiatory pleading
Where is the proper venue?
The court in the place of residence of any would-be defendant or expected
adverse party
SEC. 2. Contents of petition.—The petition shall be entitled in the name of the
petitioner and shall show: (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 be
brought; (b) the subject matter of the expected action and his interest therein; (c)
the facts which he desires to establish by the proposed testimony and his reasons
for desiring to perpetuate it; (d) the names or a description of the persons he
expects will be adverse parties and their addresses so far as known; and (e) the
names and addresses of the persons to be examined and the substance of the
testimony which he expects to elicit from each, and shall ask for an order
authorizing the petitioner to take the depositions of the persons to be examined
named in the petition for the purpose of perpetuating their testimony. (2, R134)
Petition shall be entitled in the name of the petitioner and shall show:
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 be brought;
b. The subject matter of the expected action and his interest therein;
c. The facts he desires to establish by the proposed testimony and his reasons for
desiring to perpetuate it;
d. The names or a description of the persons he expects will be adverse parties
and their addresses so far as known; and
e. The names and addresses of the persons to be examined and the substance of
the testimony which he expects to elicit from each, and shall ask for an order
authorizing the petitioner to take the depositions of the persons to be examined
named in the petition.
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The contents (in Short):
1. The petitioner
2. The subject matter
3. Facts desired to be established
4. Names/descriptions of expected defendants
5. Names and address of the witnesses
SEC. 3. Notice and service.—The petitioner shall serve a notice upon each person
named in the petition as an expected adverse party, together with a copy of the
petition, stating that the petitioner will apply to the court, at a time and place
named therein, for the order described in the petition. At least twenty (20) days
before the date of the hearing, the court shall cause notice thereof to be served on
the parties and prospective deponents in the manner provided for service of
summons. (3a, R134)
SEC. 4. Order and examination.—If the court is satisfied that the perpetuation of the
testimony may prevent a failure or delay of justice, it shall make an order
designating or describing the persons whose deposition may be taken and specifying
the subject matter of the examination and whether the depositions shall be taken
upon oral examination or written interrogatories. The depositions may then be taken
in accordance with Rule 23 before the hearing. (4a, R134)
SEC. 5. Reference to court.—For the purpose of applying Rule 23 to depositions for
perpetuating testimony, each reference therein to the court in which the action is
pending shall be deemed to refer to the court in which the petition for such
deposition was filed. (5a, R134)
SEC. 6. Use of deposition.—If a deposition to perpetuate testimony is taken under
this Rule, or if, although not so taken, it would be admissible in evidence, it may be
used in any action involving the same subject matter subsequently brought in
accordance with the provisions of sections 4 and 5 of Rule 23. (6a, R134)
SEC. 7. Depositions pending appeal.—If an appeal has been taken from a judgment
of a court, including the Court of Appeals in proper cases, or before the taking of an
appeal if the time therefor has not expired, the court in which the judgment was
rendered may allow the taking of depositions of witnesses to perpetuate their
testimony for use in the event of further proceedings in the said court. In such case
the party who desires to perpetuate the testimony may make a motion in the said
court for leave to take the depositions, upon the same notice and service thereof as
if the action was pending therein. The motion shall state (a) the names and
addresses of the persons to be examined and the substance of the testimony which
he expects to elicit from each; and (b) the reason for perpetuating their testimony.
If the court finds that the perpetuation of the testimony is proper to avoid a failure
or delay of justice, it may make an order allowing the depositions to be taken, and
thereupon the depositions may be taken and used in the same manner and under
the same conditions as are prescribed in these Rules for depositions taken in
pending actions. (7a, R134)
In this instance, the case is already on appeal
i. There is a need to perpetuate testimony
ii. So as to not waste time during the pendency of the appeal
 This usually happens when the appellant expects the appealed decision to be WITHOUT LEAVE OF COURT: after answer has been served for the first set of
overturned and then remanded to the lower court for further proceedings interrogatories
Availed of usually by the appellant (losing party) WITH LEAVE OF COURT: before answer has been served; at this time, the issues are
i. But the judge, whose decision is being appealed, may take it not yet joined and the disputed facts are not yet clear
personally Who can apply?
Who can apply? Any party Desiring to elicit material and facts from the other/adverse party
Any party for use in the event of further proceedings
How to apply?
Where to apply? By filing and serving written interrogatories upon the adverse party
The court that rendered the judgment which is now the subject of the
appeal SEC. 2. Answer to interrogatories.—The interrogatories shall be answered fully in
writing and shall be signed and sworn to by the person making them. The party
When to apply? upon whom the interrogatories have been served shall file and serve a copy of the
At any time before judgment becomes final answers on the party submitting the interrogatories within fifteen (15) days after
service thereof, unless the court, on motion and for good cause shown, extends or
What to file? shortens the time. (2a)
Motion upon notice and service
Answers cannot be made by an agent or attorney; answers not made by the
What are its contents? parties are nullities
Names and addresses of deponents Judgment by default may be rendered against a party who fails to answer
Substance of the testimony expected to be elicited written interrogatories
Reasons for perpetuating the testimony
What is the effect of failure to oppose or to answer the written interrogatories?
How taken? The failure may lead to a dismissal, a judgment by default, or his testimonies
Under the same conditions as depositions pending actions whether oral stricken off the record. (Rule 29)
deposition or written interrogatories
Cross-reference (Rule 23, Sec. 7)
SEC. 3. Objections to interrogatories.—Objections to any interrogatories may be
presented to the court within ten (10) days after service thereof, with notice as in
What are its uses?
case of a motion; and answers shall be deferred until the objections are resolved,
The same uses under the same conditions as depositions pending actions
which shall be at as early a time as is practicable. (3a)
(Rule 24, Sec. 6)

RULE 25 - INTERROGATORIES TO PARTIES
Purpose: eliciting material and relevant facts from any adverse party
Written interrogatories and the answers thereto, must both be filed & served.
Answers may constitute judicial admissions
Interrogatories under this Rule are different from interrogatories under
Rule 23
Interrogatories under Rule 25 Can only be sent to/addressed to a party in
the case
SECTION 1. Interrogatories to parties; service thereof.— Under the same conditions
specified in section 1 of Rule 23, any party desiring to elicit material and relevant
facts from any adverse parties shall file and serve upon the latter written
interrogatories to be answered by the party served or, if the party served is a public
or private corporation or a partnership or association, by any officer thereof
competent to testify in its behalf. (1a)
Periods:
How many days does the adverse party have to respond? 15 days
How many days does he have to oppose the interrogatories? 10 days
SEC. 4. Number of interrogatories.—No party may, without leave of court, serve
more than one set of interrogatories to be answered by the same party. (4)
-Only 1set of interrogatories by the same party is allowed
-Leave of court necessary for succeeding set of interrogatories
SEC. 5. Scope and use of interrogatories.—Interrogatories may relate to any
matters that can be inquired into under section 2 of Rule 23, and the answers may
be used for the same purposes provided in section 4 of the same Rule. (5a)
-Scope of interrogatories shall be the same matters mentioned R23, S2
-Answers may be used for the same purpose provided in S4 of same rule
-Answers to interrogatories may also be the basis of a summary judgment

-Filing and serving upon adverse party written interrogatories to be answered by SEC. 6. Effect of failure to serve written interrogatories.— Unless thereafter allowed
party served by the court for good cause shown and to prevent a failure of justice, a party not
-If party is juridical entity, the written interrogatories shall be answered by any of served with written interrogatories may not be compelled by the adverse party to
its officers competent to testify in its behalf. give testimony in open court, or to give a deposition pending appeal. (n).

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 Unless a party had been served written interrogatories, he MAY NOT be fact set forth in the request. Copies of the documents shall be delivered with the
compelled by adverse party to give testimony in open court or give a deposition request unless copies have already been furnished. (1a)
pending appeal. Unless allowed by court or to prevent a failure of justice Who can apply for an admission?
Window to provision is: in the interest of justice A party to the case may file and serve upon another party a written request for
o The court has discretion to allow the party to continue with the cross- admission
examination of the adverse party if, in his opinion, there is good cause
and it will advance the interests of justice A party may serve written interrogatories:
Rule imposes sanctions for failing to serve written interrogatories by depriving 1) W/o leave of court- after answer has been served, for the first set of
the party who failed to do so, of the privilege to call the adverse party as a interrogatories
witness or to give a deposition. 2) w/leave of court- before answer has been served
The witness who is an adverse party, may be impeached and cross-examined
by the adverse party, but such cross-examination must only be on the subject PURPOSE:
matter of his examination-in-chief. (Rule 132, Sec. 12) To allow one party to request the adverse party in writing to admit certain material
o The written interrogatories can be used to impeach an adverse party- and relevant matters which most likely will not be disputed during the trial. To avoid
witness for inconsistencies with his current statements unnecessary inconvenience to the parties in going through the rigors of proof,
before the trial, a party may request the other to:
RULE 26 - ADMISSION BY ADVERSE PARTY (a) Admit the genuineness of any material and relevant document described in
and exhibited with the request; or
Only for deposition taken of a PARTY (b) Admit the truth of any material and relevant matter of fact set forth in the
Only a list of questions no deposition officer request.
No direct, re-direct cross examination
This is the most common mode of discovery What matters are covered by the judicial admission?
The pleading is titled “Request for Admission” and is directed to the other party 1. An admission of the genuineness of any material and relevant document
Authentication of documents is covered in Rule 132 Sec. 19-33
DEPOSITIONS INTERROGATORIES 2. The truth of any material or relevant matter
UPON WRITTEN TO PARTIES (RULE
INTERROGATORIES 25) When should the application be made?
TO PARTIES (RULE At any time when the issues have been joined
This means at any time after an answer has been filed
23 SEC.25)
What is the benefit of acquiring a judicial admission?
Deponent Party or ordinary Party only An admission, verbal or written, made by a party in the course of the
witness proceedings in the same case, does not require proof. The admission may be
contradicted only by showing that it was made through palpable mistake or that
Procedure With intervention No intervention. no such admission was made. (Rule 129, Sec. 4)
Written This expedites the proceedings because the fact admitted will no longer have to
be proven during the trial
interrogatories are
directed to the party
SEC. 2. Implied admission.—Each of the matters of which an admission is requested
himself shall be deemed admitted unless, within a period designated in the request, which
shall not be less than fifteen (15) days after service thereof, or within such further
Scope Direct, cross, Only 1 set of time as the court may allow on motion, the party to whom the request is directed
redirect, re-cross interrogatories files and serves upon the party requesting the admission a sworn statement either
denying specifically the matters of which an admission is requested or setting forth
in detail the reasons why he cannot truthfully either admit or deny those matters.
Interrogatories No fixed time 15 days to answer
unless extended or
Objections to any request for admission shall be submitted to the court by the party
reduced by the court requested within the period for and prior to the filing of his sworn statement as
contemplated in the preceding paragraph and his compliance therewith shall be
deferred until such obligations are resolved, which resolution shall be made as early
SECTION 1. Request for admission.—At any time after issues have been joined, a as practicable. (2a)
party may file and serve upon any other party a written request for the admission
by the latter of the genuineness of any material and relevant document described in FILING AND SERVICE OF A SWORN STATEMENT OF ADMISSION OR DENIAL;
and exhibited with the request or of the truth of any material and relevant matter of EFFECT OF FAILURE TO FILE AND SERVE

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 1. It is advisable for the party to whom the written request is directed to file
and serve upon the party requesting the admission a sworn statement either
a. Specifically denying the matters of which admission is requested, or
b. If he does not deny the same, to set forth in detail the reasons why
he cannot truthfully admit or deny those matters.
This sworn statement shall be filed and served w/in the period designated in
the request but which shall not be less than 15 days from the service of such
request, or within such further time as the court may allow.
2. If the party to whom the written request for admission does not file the
required sworn statement each of the matters of which an admission is
requested shall be deemed admitted.
3. Any admission made by a party as a consequence of the failure to comply
with the request is only for the purpose of the pending action and shall not
be deemed an admission for any other purpose. Likewise, the admission
cannot be used against the admitting party in any other proceeding.
DEFERMENT OF COMPLIANCE
To avoid the implied admission, the party requested may have the compliance of the
filing and service of the sworn statement deferred. This may be effected by filing
with the court OBJECTIONS to the request for admission. Compliance shall be
deferred until such objections are resolved by the court.
What is the period to answer? 15 days after service
What is the period to oppose? Also 15 days after service
SEC. 3. Effect of admission.—Any admission made by a party pursuant to such
request is for the purpose of the pending action only and shall not constitute an
admission by him for any other purpose nor may the same be used against him in
any other proceeding. (3)
What is the effect of the admission?
The admission is only for the purpose of the pending action against him. It may
not be used against him in any other proceeding
SEC. 4. Withdrawal.—The court may allow the party making an admission under this
Rule, whether express or implied, to withdraw or amend it upon such terms as may
be just. (4)
Can admissions be withdrawn or amended?
Yes, under such terms as may be just.
Judicial admissions may be withdrawn if made through palpable mistake (Rule
129, Sec. 4)
WITHDRAWAL OF ADMISSION
Admissions made under this mode of discovery, whether express or implied are not
final and irrevocable. The court may allow the party making the admission to
withdraw or amend the admission upon such terms as may be just. To effect the
withdrawal, the admitting party should file a MOTION to be relieved of the effects of
the admission.
SEC. 5. Effect of failure to file and serve request for admission.—Unless otherwise
allowed by the court for good cause shown and to prevent a failure of justice, a
party who fails to file and serve a request for admission on the adverse party of
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material and relevant facts at issue which are, or ought to be, within the personal
knowledge of the latter, shall not be permitted to present evidence on such facts.
(n)
The party who fails or refuses to request the admission of facts in question is
prevented from thereafter presenting evidence thereon UNLESS otherwise allowed
by the court.
In practice, this is usually not followed and the party is allowed to present
evidence in the interest of justice
RULE 27 - PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
Purpose: allow party to seek an order from the court in which the action is pending
to: order any party to produce and permit inspection and copying or photographing
or order any party to permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, measuring, surveying or
photographing the property or any designated relevant object or operation thereon
SECTION 1. Motion for production or inspection; order. –Upon motion of any party
showing good cause therefor, the court in which an action is pending may (a) order
any party to produce and permit the inspection and copying or photographing, by or
on behalf of the moving party, of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things not privileged, which
constitute or contain evidence material to any matter involved in the action and
which are in his possession custody or control; or (b) order any party or permit
entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any
designated relevant object or operation thereon. The order shall specify the time,
place and manner of making the inspection and taking copies and photographs, and
may prescribe such terms and conditions as are just. (1a)
It is to be made upon a Motion
What are the contents of the motion?
1. A request for an order of the court on any party to produce and permit the
inspection and copying or photographing, of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible things
not privileged, which constitute or contain evidence material to any matter
involved in the action and which are in his possession custody or control
2. A request for an order of the court on any party to permit entry upon
designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the
property or any designated relevant object or operation thereon.
Should be distinguished from a subpoena duces tecum
o This is only a mode of discovery
o Production of documents affords more opportunity for discovery than
a subpoena duces tecum.
Rule not intended for use as a dragnet or any fishing expedition
Documents to be produced:
1. Not privileged
2. Constitute or contain evidence material to any matter involved in action
and which are in the party ordered’s possession, custody or control
 Must be sufficiently described and indentified in the motion or else, petition
cannot prosper
Does not authorize opposing party or the clerk or other functionaries of the
court to distrain the articles or deprive the person who produced the same of
their possession, even temporarily
It does not mean that if the documents are presented or brought upon the
requesting party, they will automatically become his evidence
This is only a mode of discovery and not an ocular inspection
o Ocular inspection is a right inherent upon the court
o An ocular inspection is for the court to view and observe
o The property entered into and inspected in an ocular inspection is
treated as object evidence
RULE 28 - PHYSICAL AND MENTAL EXAMINATION OF PERSONS
The only mode of discovery that the court can use motu proprio
This mode of discovery has a very narrow application
SECTION 1. When examination may be ordered.—In an action in which the mental
or physical condition of a party is in controversy, the court in which the action is
pending may in its discretion order him to submit to a physical or mental
examination by a physician. (1)
When can an examination be ordered?
In an action in which the mental or physical condition of a party is in
controversy
Examples are:
1. An action for annulment of a contract where the ground relied upon is
insanity or dementia;
2. A petition for guardianship of a person alleged to be insane;
3. An action to recover damages for personal injury where the issue is the
extent of the injuries of the plaintiff.
SEC. 2. Order for examination.—The order for examination may be made only on
motion for good cause shown and upon notice to the party to be examined and to all
other parties, and shall specify the time, place, manner, conditions and scope of the
examination and the person or persons by whom it is to be made. (2)
What are the modes of initiating the examination?
(1) The Court, in its discretion (Sec. 1)
(2) Or upon a Motion for good cause and upon notice (Sec. 2)
Requisites for a examination upon a motion:
a. A motion must be filed for the physical and mental examination;
b. The motion must show good cause for the examination;
c. Notice to the party to be examined and to all other parties; and
d. The motion shall specify the time, place, manner, conditions, and scope of
the examination and the person or persons by whom it is made.
SEC. 3. Report of findings—If requested by the party examined, the party causing
the examination to be made shall deliver to him a copy of a detailed written report
of the examining physician setting out his findings and conclusions. After such
request and delivery, the party causing the examination to be made shall be entitled
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upon request to receive from the party examined a like report of any examination,
previously or thereafter made, of the same mental or physical condition. If the party
examined refuses to deliver such report, the court on motion and notice may make
an order requiring delivery on such terms as are just, and if a physician fails or
refuses to make such a report the court may exclude his testimony if offered at the
trial. (3a)
Atty Tranquil says: If you ask for a copy, it may have serious consequences.
Is the party examined entitles to a copy of the report or examination?
Yes. If requested by the party examined, the party causing the examination
shall deliver to the party examined a copy of the detailed report of the
examining physician
What is the consequence of the request and subsequent delivery of the report to the
party examined?
The party who caused the examination shall be entitled to receive from the
party examined a like report - whether previously or subsequently made - upon
the same mental/physical condition
What is the effect of failure of the party examined to deliver the other like reports?
The court, on motion, may make an order requiring the delivery of the report
and if the physician fails or refuses to make such report, the court may exclude
his testimony if offered at the trial
SEC. 4. Waiver of privilege.—By requesting and obtaining a report of the
examination so ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or any other involving the
same controversy, regarding the testimony of every other person who has examined
or may thereafter examine him in respect of the same mental or physical
examination. (4)
Where the party examined requests and obtains a report on the results of the
examination, the consequences are:
1. He has to furnish the other party a copy of the report of any previous or
subsequent examination of the same mental and physical condition, and
2. He waives any privilege he may have in that action or any other involving the
same controversy regarding the testimony of any other person who has so
examined him or may thereafter examine him.
RULE 29 - REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY
SECTION 1. Refusal to answer.—If a party or other deponent refuses to answer any
question upon oral examination, the examination may be completed on other
matters or adjourned as the proponent of the question may prefer. The proponent
may thereafter apply to the proper court of the place where the deposition is being
taken, for an order to compel an answer. The same procedure may be availed of
when a party or a witness refuses to answer any interrogatory submitted under
Rules 23 or 25.
If the application is granted, the court shall require the refusing party or deponent
to answer the question or interrogatory and if it also finds that the refusal to answer
was without substantial justification, it may require the refusing party or deponent
or the counsel advising the refusal, or both of them, to pay the proponent the
amount of the reasonable expenses incurred in obtaining the order, including
attorney’s fees.
If the application is denied and the court finds that it was filed without substantial
justification, the court may require the proponent or the counsel advising the filing
of the application, or both of them, to pay to the refusing party or deponent the
amount of the reasonable expenses incurred in opposing the application, including
attorney’s fees. (1a)
A. Refusal to answer any question
a. Court may upon proper application, compel a deponent who refuses to
answer an oral examination. The same applies to a witness who refuses to
answer an interrogatory submitted (Sec1). A refusal to answer after being
directed by the court may be considered as a contempt of court (Sec2).
Court may order deponent, a party, or the counsel advising the refusal, or
both of them, to pay the proponent the amount of reasonable expenses
incurred in obtaining the order, including atty.’s fees. (Sec1)
b. If the application for an order to compel a deponent to answer is denied
because of the absence of a substantial justification, court may require
proponent or the counsel advising the application or both of them, to pay
to the refusing party or deponent the amount of reasonable expenses
incurred in opposing the application, including atty.’s fees (Sec1)
SEC. 2. Contempt of court.—If a party or other witness refuses to be sworn or
refuses to answer any question after being directed to do so by the court of the
place in which the deposition is being taken, the refusal may be considered a
contempt of that court. (2a)
B. Refusal to be sworn
Refusal of a party to be sworn after being directed by the court may be
considered as contempt of court (Sec2)
This is Direct contempt
SEC. 3. Other consequences.—If any party or an officer or managing agent of a
party refuses to obey an order made under section 1 of this Rule requiring him to
answer designated questions, or an order under Rule 27 to produce any document
or other thing for inspection copying or photographing or to permit it to be done, or
to permit entry upon land or other property, or an order made under Rule 28
requiring him to submit to a physical or mental examination, the court may make
such orders in regard to the refusal as are just, and among others the following:
(a) An order that the matters regarding which the questions were asked, or the
character or description of the thing or land, or the contents of the paper, or the
physical or mental condition of the party or any other designated facts shall be
taken to be established for the purposes of the action in accordance with the claim
of the party obtaining the order;
(b) An order refusing to allow the disobedient party to support or oppose designated
claims or defenses or prohibiting him from introducing in evidence designated
documents or things or items of testimony, or from introducing evidence of physical
or mental condition;
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(c) An order striking out pleadings or parts thereof, or staying further proceedings
until the order is obeyed, or dismissing the action or proceeding or any part thereof
or rendering a judgment by default against the disobedient party; and
(d) In lieu of any of the foregoing orders or in addition thereto, an order directing
the arrest of any party or agent of party for disobeying any of such orders except an
order to submit to a physical or mental examination. (3a)
C. Refusal to answer designated or particular questions or refusal to produce
documents or things or to submit to physical or mental exam (Rule 27 and 28)
a. Court may order that the matters regarding which the questions were
asked shall be taken as established for purposes of the action in
accordance with the claim of the party obtaining them (Sec3a)
b. Court may issue an order:
1. refusing to allow the disobedient party to refuse or support
designated claims or defenses
2. or prohibiting him from introducing in evidence designated
documents or things or items of testimony
3. or from introducing evidence of physical or mental condition
(Sec3b)
c. Court may issue an order striking out pleadings or parts thereof or staying
further proceeding until the order is obeyed or dismissing the action or
proceeding or any part thereof, or rendering a judgment by default against
the disobedient party (Sec3c)
d. Court may direct the arrest of any party or agent of a party for disobeying
any of the orders of the court EXCEPT an order to submit to a physical
exam
SEC. 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 may apply to the court for an order requiring the other party to pay him
the reasonable expenses incurred in making such proof, including 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.
(4a)
D. Refusal to admit under Rule 26
If a party refuses to admit the genuineness of any document or truth of any
matter of fact and serves sworn denial thereof AND if other party later proves
genuineness or truth, court may order former to pay reasonable expenses
in making such proof, including atty.’s fees (Sec4)
SEC. 5. Failure of party to attend or serve answers.—If a party or an officer or
managing agent of a party wilfully fails to appear before the officer who is to take
his 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 the
party, or dismiss the action or proceeding or any part thereof, or enter a judgment
by default against the party, and in its discretion, order him to pay reasonable
expenses incurred by the other, including attorney’s fees. (5)
SEC. 6. Expenses against the Republic of the Philippines.—Expenses and attorney’s
fees are not to be imposed upon the Republic of the Philippines under this Rule.(6)
 SECTION 1. Notice of trial.—Upon entry of a case in the trial calendar, the clerk shall
E. Failure to attend depositions or to serve answers to interrogatories under Rule 25 notify the parties of the date of its trial in such manner as shall ensure his receipt of
1. Court may:
that notice at least five (5) days before such date. (2a, R22)
Strike out all or any part of the pleading of that party or dismiss the action
or proceeding or any part thereof
Enter a judgment by default against that party SEC. 2. Adjournments and postponements.—A court may adjourn a trial from day to
In its discretion, order him to pay reasonable expenses incurred by the day, and to any stated time, as the expeditious and convenient transaction of
other, including atty.’s fees (Sec5)
business may require, but shall have no power to adjourn a trial for a longer period
2. Consequences under Sec5 will apply if a part refuses to answer the whole
than one month for each adjournment, nor more than three months in all, except
set of written interrogatories
when authorized in writing by the Court Administrator, Supreme Court. (3a, R22)

RULE 30 - TRIAL GEN. RULE: a court may adjourn a trial from day to day, and to any stated time,
as the expeditious and convenient transaction of business may require.
A trial is a judicial process of investigating and determining the legl controversies, o The court has no power to adjourn a trial for a period longer than 1 month from
starting with the production of evidence by the plaintiff and ending with the each adjournment, nor more than 3 months in all, except when authorized in
closing arguments. writing by the Court Administrator.
A civil case may be adjudicated w/o the need for a trial in any of the ff cases: o A motion for postponement should not be filed on the last hr, especially when
o JUDGMENT ON THE PLEADINGS: Where the pleadings of the parties tender no there is no reason why it could not have been presented earlier.
issue at all (Rule 34)
o SUMMARY JUDGMENT: where from the pleadings, affidavits, depositions and SEC. 3. Requisites of motion to postpone trial for absence of evidence.—A motion to
other papers, there is actually no genuine issue (Rule 35) postpone a trial on the ground of absence of evidence can be granted only upon
o JUDGMENT ON THE COMPROMISE: where the parties have entered into a affidavit showing the materiality or relevancy of such evidence, and that due
compromise or an amicable settlement either during the pre-trial or while the diligence has been used to procure it. But if the adverse party admits the facts to be
trial is in progess (Rule 18)
given in evidence, even if he objects or reserves the right to their admissibility, the
o DISMISSAL WITH PREJUDICE (Rule 16, Sec.5, Rule 16, Sec.3, Rule 17, Sec. 5,
Rule 7) trial shall not be postponed. (4a, R22)
o JUDGMENT UNDER THE RULES ON SUMMARY PROCEDURE
Trial may be postponed on the ground of absence of evidence upon compliance
o STIPULATION OF FACT: where, the parties agree in writing, upon the facts
w/the ff:
involved in the litigation, and submit the case for judgment on the facts agreed
upon, w/o introduction of evidence. (Rule 30) o A motion for postponement must be filed
o The motion must be supported by an affidavit or sworn certification showing
the
TRIAL HEARING
Materiality or relevancy of the evidence, and
That due diligence has been used to procure it
Reception of evidence and Not confined in trial but If the adverse party admits the facts to be given in evidence, the trial shall not be
other processes: the period for embraces several stages of the postponed even if he reserves the right to object to the admissibility of the
the introduction of evidence by litigation, including the pre-trial evidence.
both parties stage
SEC. 4. Requisites of motion to postpone trial for illness of party or counsel.—A
Does not necessarily imply motion to postpone a trial on the ground of illness of a party or counsel may be
presentation of evidence in granted if it appears upon affidavit or sworn certification that the presence of such
open court but the parties are party or counsel at the trial is indispensable and that the character of his illness is
afforded the opportunity to be such as to render his non-attendance excusable. (5a, R22)
heard
A motion for postponement must be filed
The motion must be supported by an affidavit or sworn certification showing that
Depends on the stage of the Parties want to be heard by the o The presence of the party or counsel at the trial is indispensible
proceeding court o That the character of the illness is such as to render his non-attendance
excusable
NOTE: Sore eyes is excusable!

A POSTPONEMENT IS NOT A MATTER OF RIGHT. It is addressed to the sound

discretion of the court.

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SEC. 5. Order of trial.—Subject to the provisions of section 2 of Rule 31, and unless GEN. RULE: The trial shall be limited to the issues stated in the pre-trial order.
the court for special reasons otherwise directs, the trial shall be limited to the issues The regular order of trial requires the PLAINTIFF to adduce evidence in support of
his complaint. During the trial the plaintiff presents all the evidences available to
stated in the pre-trial order and shall proceed as follows:
him – object, documentary and testimonial.
(a) The plaintiff shall adduce evidence in support of his complaint; After the plaintiff has complete the presentation of his evidence, the DEFENDANT
(b) The defendant shall then adduce evidence in support of his defense, shall then adduce evidence in support of his defense, counterclaim, or 3rd party
counterclaim, cross-claim and third-party complaint; complaint as the case may be.
(c) The third-party defendant, if any, shall adduce evidence of his defense, o The defendant however, may sincerely feel that the plaintiff has not lived up to
counterclaim, cross-claim and fourth-party complaint; his burden of proving the material allegations of his claim and is therefore, not
entitled to the relief sought for in his complaint. (Solution = file a demurrer to
(d) The fourth-party, and so forth, if any, shall adduce evidence of the
evidence)
material facts pleaded by them;
(e) The parties against whom any counterclaim or cross-claim has been See: Rule 132 sec. 4-7
pleaded, shall adduce evidence in support of their defense, in the order to be SEC. 4. Order in the examination of an individual witness.— The order in which an
prescribed by the court; individual witness may be examined is as follows:
(f) The parties may then respectively adduce rebutting evidence only, (a) Direct examination by the proponent;
unless the court, for good reasons and in the furtherance of justice, permits them to (b) Cross-examination by the opponent;
adduce evidence upon their original case; and (c) Re-direct examination by the proponent;
(g) Upon admission of the evidence, the case shall be deemed submitted (d) Re-cross-examination by the opponent.(4)
for decision, unless the court directs the parties to argue or to submit their
SEC. 5. Direct examination.—Direct examination is the examination-in-chief of a
respective memoranda or any further pleadings. witness by the party presenting him on the facts relevant to the issue.(5a)
If several defendants or third-party defendants, and so forth. having separate
defenses appear by different counsel, the court shall determine the relative order of
presentation of their evidence. (1a, R30)
SEC. 6. Cross-examination; its purpose and extent.—Upon the termination of the
direct examination, the witness may be cross-examined by the adverse party as to
Plaintiff presents evidence any matters stated in the direct examination, or connected therewith, with sufficient
fullness and freedom to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important facts bearing upon the
issue.(8a)
Defendant presents evidence
Defendant files demurrer to SEC. 7. Re-direct examination; its purpose and extent.—After the cross-examination
to support his defense or
evidence (Rule 33) of the witness has been concluded, he may be re-examined by the party calling him,
counterclaim or cross-claim
rd to explain or supplement his answers given during the cross-examination. On re-
or 3 party complaint direct examination, questions on matters not dealt with during the cross-
examination, may be allowed by the court in its discretion.(12)
rd
If court If court
3 party defendant presents Q: What if the witness is deafmute?
GRANTS DENIES
evidence, if any A witness should be able to perceive, and in perceiving, make known his perception
motion, motion, to others. May be done through sign language or other means of communication.
renders continues
Parties against whom a dismissal w/hearing SEC. 6. Agreed statement of facts—The parties to any action may agree, in writing,
upon the facts involved in the litigation, and submit the case for judgment on the
counterclaim or cross-claim
facts agreed upon, without the introduction of evidence.
is pleaded presents evidence
in their defenses If the parties agree only on some of the facts in issue, the trial shall be held as to
After presentation of the disputed facts in such order as the court shall prescribe. (2a, R30)
evidence:
Rebuttal of evidence by o BUT: if the parties only agree on some facts in issue, the trial shall be held as
parties to the disputed facts in such order as the court shall prescribe
1. Oral arguments
If the parties agree to submit the case for judgment based on the facts agreed
2. Submission of upon, a trial need not be conducted bec evidence would no longer be presented.
DECISION memoranda NOT ALLOWED IN: actions for annulment of marriage and legal separation

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SEC. 7. Statement of judge.—During the hearing or trial of a case any statement
made by the judge with reference to the case, or to any of the parties, witnesses or
counsel, shall be made of record in the stenographic notes. (3a, R30)
SEC. 8. Suspension of actions.—The suspension of actions shall be governed by the
provisions of the Civil Code. (n)
Under Art.2030 of the Civil Code, every civil action or proceeding shall be
suspended:
o If willingness to discuss a possible compromise is expressed by 1 or both the
parties; OR
o If it appears that 1 of the parties, before the commencement of the action or
proceeding, offered to discuss a possible compromise but the other party
refused the offer.
SEC. 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 report and the transcripts within ten
(10) days from termination of the hearing. (n)
GEN. RULE: the judge shall personally receive & resolve the evidence to be adduced
by the parties.
BUT: the reception of evidence may be delegated under the ff conditions:
1) The delegation may be made only in DEFAULTS or EX PARTE hearings (i.e.
application of indigent, “as in” default- when a party did not appear during
pretrial), and in any case where the parties agree in writing;
2) The reception of evidence shall be made only by the clerk of court who is a
MEMBER OF THE BAR;
3) Said clerk shall have no power to rule on objections to any question or to
admission of evidence or exhibits; and
4) He shall submit his report and transcripts of the proceedings, together with
the objections to be resolved by the court w/in the 10 days from the
termination of the hearing.
NOTE: Other Court personnel present during the trial:
Court Stenographer- legal basis for the recording of proceedings may be found in R.
132 sec. 2
Court Interpreter- proceedings will be recorded in english language.
JUDGE MAXIMO SAVELLANO, JR., RTC BRANCH 53, MANILA
In this admin case, Judge Savellano after retiring, reportedly had a number of
unresolved cases due to the non-submission of memoranda of the parties, as
required by the court.
Judges should decide cases even if the parties fail to submit memoranda within the
given periods. Non- submission of memoranda is not a part of the trial nor is the
memorandum itself an essential, much less indispensable pleading before a case
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may be submitted for decision. As it is merely intended to aid the court in the
rendition of the decision in accordance with law and evidence–which even in its
absence the court can do on the basis of the judge's personal notes and the records
of the case-non-submission thereof has invariably been considered a waiver of the
privilege.
RULE 31 - CONSOLIDATION OR SEVERANCE
CONSOLIDATION: involves several actions having a common question of law or fact
which may be jointly tried.
SEVERANCE: contemplates single action having a number of claims, counterclaims,
cross-claims, 3rd party complaints or issues which may be separately tried
RULE: writ is enforceable only within judicial district
SECTION 1. Consolidation.—When actions involving a common question of law or
fact are pending before the court, it may order a joint hearing or trial of any or all
the matters in issue in the actions; it may order all the actions consolidated; and it
may make such orders concerning proceedings therein as may tend to avoid
unnecessary costs or delay. (1)
GEN. RULE: Consolidation discretionary upon court
EXCEPT: Consolidation becomes a matter of duty when:
a. cases pending before same judge or
b. filed with different branches of same RTC and one of such cases has not
been partially tried
NOTE: The court cannot order the consolidation of cases on its own initiative. Party
must file a motion.
Q: To which court will the case go to upon consolidation?
In the court handling the case with the lowest docket no. (administrative procedure)
REQUISITES FOR CONSOLIDATION:
a. Actions which involve a common question of law or fact
b. There must be at least 2 actions pending before same court
If filed with DIFFERENT COURTS, authorization from the SC is necessary. (this has
been allowed in several cases; Delta Motor Sales v Mangosing, Superlines Transport
v Victor)
3 Ways of Consolidating
a. RECASTING cases already instituted: reshaping of the cases by amending
the pleading and dismissing some cases and retaining only one case. There
must be joinder of causes of action and parties
b. CONSOLIDATION PROPER or consolidating existing cases: joint trial with
joint decision, cases retaining their original docket numbers
c. TEST-CASE method: hearing only principal case and suspending hearing
on other cases until judgment has been rendered in the principal case.
Cases retain original docket numbers
-Consolidation of cases on appeal and assigned to different divisions of the SC and
CA is also authorized
Q: What is the difference between Consolidation and Joinder?
In Consolidation, the cases are already pending; in Joinder, the cases are just being
filed (determined by the party who files the action).
SEC. 2. Separate trials.—The court, in furtherance of convenience or to avoid
prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or
third-party complaint, or of any separate issue or of any number of claims, cross-
claims, counterclaims, third-party complaint or issues. (2a)
-Court may also order a separate trial of any claim, cross-claim, counterclaim or
third-party complaint or issues.
-Court may do so motu proprio in furtherance of convenience or to avoid prejudice.
RULE 32 - TRIAL BY COMMISSIONER
SECTION 1. Reference by consent.—By written consent of both parties, the court
may order any or all of the issues in a case to be referred to a commissioner to be
agreed upon by the parties or to be appointed by the court. As used in these Rules,
the word “commissioner” includes a referee, an auditor and an examiner. (1a, R33)
Commissioner- person to whom a case pending in court is referred, for him to take
testimony, hear the parties and report thereon to the COURT, and upon whose
report, IF CONFIRMED, judgement is rendered
Need not be a lawyer
If the parties agree, any matter can be referred
Reference to commissioner may be had by the written consent of both
parties
Gen. Rule: trial by commissioner is largely upon the discretion of the court
Except (mandatory to refer!):
1) Expropriation
2) Partition
3) Settlement of estate of a deceased person in case of contested claims
4) Submission of Accounting by executors or administrators
If there is an IRREGULARITY in the appointment of the commissioner, it must be
seasonably raised or else it may be waived by the express or implied consent of the
parties.
- Competence of commissioner is within the judge’s purview to determine, but his
competence may be questioned through an objection by one of the parties.
SEC. 2. Reference ordered on motion.—When the parties do not consent, the court
may, upon the application of either (or of its own motion) direct a reference to a
commissioner in the following cases:
(a) When the trial of an issue of fact requires the examination of a long
account on either side, in which case the commissioner may be directed to hear and
report upon the whole issue or any specific question involved therein;
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(b) When the taking of an account is necessary for the information of the
court before judgment, or for carrying a judgment or order into effect;
(c) When a question of fact, other than upon the pleadings, arises
upon motion or otherwise, in any stage of a case, or for carrying a judgment or
order into effect. (2a, R33)
ANY MATTER can be referred to the Commissioner, if both of the parties consent.
When Reference may be Ordered upon Motion or by Court motu propio:
1) Examination of a long account (i.e. examination of records of accounts,
books of account and other accounting documents).
2) Taking of an account necessary for the court to render a judgment
3) Question of fact, other than upon the pleading arises upon motion or
otherwise; for the purpose of carrying a judgment or order into effect.
SEC. 3. Order of reference; powers of the commissioner.— When a reference is
made, the clerk shall forthwith furnish, the commissioner with a copy of the order of
reference. The order may specify or limit the powers of the commissioner, and may
direct him to report only upon particular issues, or to do or perform particular acts,
or to receive and report evidence only, and may fix the date for beginning and
closing the hearings and for the filing of his report. Subject to the specifications and
limitations stated in the order, the commissioner has and shall exercise the power to
regulate the proceedings in every hearing before him and to do all acts and take all
measures necessary or proper for the efficient performance of his duties under the
order. He may issue subpoenas and subpoenas duces tecum, swear witnesses, and
unless otherwise provided in the order of reference, he may rule upon the
admissibility of evidence. The trial or hearing before him shall proceed in all respects
as it would if held before the court. (3a, R33)
Requisites of the ORDER OF REFERENCE:
1) Must state the purpose
2) Must be in writing
3) May specify or limit the power of the commissioner
Powers of a commissioner: limited by what is contained in the Order.
1) Regulate proceedings before him
2) Do all acts and measures necessary or proper for the efficient performance of
his duties
3) Swear witnesses
4) Issue subpoenas & subpoenas duces tecum
5) Unless otherwise provided in the order of reference, rule on the admissibility of
evidence
SEC. 4. Oath of commissioner.—Before entering upon his duties the commissioner
shall be sworn to a faithful and honest performance thereof. (14, R33)
SEC. 5. Proceedings before commissioner.—Upon receipt of the order of reference
and unless otherwise provided therein, the commissioner shall forthwith set a time
and place for the first meeting of the parties or their counsel to be held within ten
(10) days after the date of the order of reference and shall notify the parties or their
counsel. (5a, R33)
Sets the time and place for 1st meeting held w/in 10 days after the date of the
order of reference
SEC. 6. Failure of parties to appear before commissioner.—If a party fails to appear
at the time and place appointed, the commissioner may proceed ex parte or, in his
discretion, adjourn the proceedings to a future day, giving notice to the absent party
or his counsel of the adjournment. (6a, R33)
The commissioner may:
1) Proceed ex parte; OR
2) Adjourn to a future day, giving notice to the absent party
SEC. 7. Refusal of witness.—The refusal of a witness to obey a subpoena issued by
the commissioner or to give evidence before him, shall be deemed a contempt of
the court which appointed the commissioner. (7a, R33)
SEC. 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 report. (8a, R33)
Duty 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 make his
report
SEC. 9. Report of commissioner.—Upon the completion of the trial or hearing or
proceeding before the commissioner, he shall file with the court his report in writing
upon the matters submitted to him by the order of reference. When his powers are
not specified or limited, he shall set forth his findings of fact and conclusions of law
in his report. He shall attach thereto all. exhibits, affidavits, depositions, papers and
the transcripts, if any, of the testimonial evidence presented before him. (9a, R33)
Upon the completion of the trial/hearing/proceeding, he shall file with the court
his report IN WRITING upon the matters submitted to him.
If his powers are not specified or limited, set forth his findings of fact and
conclusions of law.
Attach: exhibits, affidavits, depositions, papers and the transcript, if any of the
testimonial evidence presented to him
SEC. 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 ten (10) 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
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findings and conclusions therein set forth, shall not be considered by the court
unless they were made before the commissioner. (10, R33)
Upon the filing of the report:
1. The parties shall be notified by the CLERK; and
2. The parties shall be allowed 10 days w/in which to object to the findings
SEC. 11. Hearing upon report.—Upon the expiration of the period of ten (10) 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, or requiring the parties to present
further evidence before the commissioner or the court. (11a, R33)
After the expiration of 10 DAYS when the parties may be allowed to object, the
court shall issue an order:
1) ADOPTING, MODIFYING, OR REJECTING the report in whole or in part, OR
2) recommitting it with instructions, OR
3) requiring the parties to present further evidence before the commissioner or the
court
SEC. 12. Stipulations as to findings.—When the parties stipulate that a
commissioner’s findings of fact shall be final, only questions of law shall thereafter
be considered. (12a, R33)
SEC. 13. Compensation of commissioner.—The court shall allow the commissioner
such reasonable compensation as the circumstances of the case warrant, to be
taxed as costs against the defeated party, or apportioned, as justice requires. (13,
R33)
RULE 33 - DEMURRER TO EVIDENCE
SECTION 1. Demurrer to evidence.—After the plaintiff has completed the
presentation of his evidence, the defendant may move for dismissal on the ground
that upon the facts and the law the plaintiff has shown no right to relief. If his
motion is denied, he shall have the right to present evidence. If the motion is
granted but on appeal the order of dismissal is reversed he shall be deemed to have
waived the right to present evidence. (1a, R35)
DEMURRER TO EVIDENCE: motion to dismiss based on the ground of insufficiency of
evidence and is presented after plaintiff rests his case.
NO NEED for Leave of Court.
PURPOSE: discourage prolonged litigations
-only one-sided trial- only plaintiff presented evidence
-dismissal based on demurrer: adjudication on merits with prejudice
-Instead of presenting his evidence, defendant may move for dismissal on the
ground that upon the facts and the law the plaintiff has shown no right to relief
-made after plaintiff rests his case (after formal offer of evidence)
-complaint may not be refilled and the remedy of plaintiff is to appeal from order of
dismissal
Q: Can the Demurrer to Evidence be made orally? RULE 34 - JUDGMENT ON THE PLEADINGS
NO. It must be in writing (this is in relation to Demurrer Rules in Crimpro). - judgment based solely on the pleadings. It is a complete judgment (no partial
judgments)
Q: How do you know that the plaintiff has completed the presentation of his
evidence? Is a judgment rendered by the court if:
When the plaintiff’s counsel has made his formal offer of evidence: (Rule 132 Sec. 1) The answer fails to tender an issue because of:
34. Offer of evidence.—The court shall consider no evidence which has not been a. General denial of the material allegations in the complaint.
formally offered. The purpose for which the evidence is offered must be specified). b. Insufficient denial of the material allegations of the complaint.
Failure to file a formal offer means that technically, no evidence was presented. NOTE: An issue is a disputed fact or controversy.
2) Admits material allegations adverse to the party’s pleading.
Demurrer to Evidence Motion to Dismiss (Rule 16)
Presented after the plaintiff has rested Presented before a responsive pleading Rendered w/o a trial or even w/o pre-trial
his case (answer) is filed by the defendant If no affirmative defense, usually judgment on the pleadings
Grounded on insufficiency of evidence Based on the grounds enumerated in
Rule 16 SECTION 1. Judgment on the pleadings.—Where an answer fails to tender an issue,
Upon denial of motion, defendant may Upon denial of MTD, defendant may file or otherwise admits the material allegations of the adverse party’s pleading, the
proceed to present his evidence. his responsive pleading. court may, on motion of that party, direct judgment on such pleading. However, in
The complaint is DISMISSED upon grant The complaint is DISMISSED upon grant
actions for declaration of nullity or annulment of marriage or for legal separation,
of the motion. Plaintiff’s remedy is of the motion, but may still be refiled
APPEAL based on the particular ground used. the material facts alleged in the complaint shall always be proved. (1a, R19)

Must be upon motion by the claimant (plaintiff)

EFFECT OF DENIAL OF DEMURRER:
BUT: at pre-trial, court may decide to do so motu proprio
1. Defendant shall have right to present evidence. Does not deprive
defendant to adduce evidence in his behalf
Allegations NOT deemed admitted by filing of judgment on the pleadings:
2. Court should set date for reception of defendant’s evidence in chief
1) Irrelevant allegations
3. Order is interlocutory. Not appealable! may be subject of a petition for
2) Immaterial allegations
certiorari in case of GAD or an oppressive exercise of judicial authority
3) Allegations of damages in the complaint
By moving for judgment on the pleadings, plaintiff waives his claim for
EFFECT OF GRANTING DEMURRER
unliquidated damages
1. Case dismissed. If ON APPEAL, order granting demurrer is reversed,
defendant loses right to present evidence
NO JUDGMENT ON THE PLEADINGS FOR:
2. It is not correct for appellate court reversing order to remand case to trial
1) Declaration of nullity of marriage
court for further proceedings. TC should render judgment based on
2) Annulment of marriage
evidence submitted by plaintiff
3) Legal separation
If Motion Denied Motion Granted/Reversed on Appeal
NOTE: upon motion for judgment on the pleadings, the plaintiff is deemed to have
Movant shall have the right to present Movant deemed to have waived his right
waived his claims for unliquidated damages (claims for such damages must be
evidence. to present evidence. The decision of the
alleged and proved).
appellate court will be based solely on
the evidence presented by the plaintiff.
Motion to Dismiss Motion for judgment on the
The denial is NOT appealable. But, you Order of the court is an adjudication on
pleadings
can file an MR. If denied, may be the merits. Sec. 1 Rule 36 should be
Filed by a defendant to a complaint, Filed by the plaintiff if the answer fails to
elevated under R. 65. complied with (equivalent to a Final
counterclaim, cross-claim or 3rd party tender an issue.
Sec. 1 Rule 36 will NOT apply (because Order/Judgment).
complaint
the order was merely interlocutory)
NOTE: If the complaint states no cause of action, a motion to dismiss should be
Quebral vs. CA
filed, not a motion for judgment on the pleadings.
Objection to documentary evidence must be made at the time it is formally
offered, not earlier
Woods Technology v Equitable Bank (17 Feb. 2005)
Evidence not objected to becomes the property of the case & all parties to
the case are considered amenable to any favourable or unfavourable Whether or not the issues raised by the answer are genuine is NOT the crux of
effects resulting from the evidence anchoring in a motion for judgement on the pleadings. It is so only in a motion for
Whoever avails of demurrer to evidence gambles his right to adduce summary judgment. In a case for judgment on the pleadings, the answer is such
evidence. that NO issue is raised at all.

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Bascug v Aranday (11 April 2002) allegations.
An administrative case against a judge. 10d notice required 3d notice required 3d notice
The judge directed judgment on the pleadings, depsite the fact that the May be interlocutory On the merits On the merits
defendant corp. never agreed to have the case submitted for judgment on the (partial judgment) or on (NO partial judgments)
pleadings. the merits
A judgment on the pleadings can only be prompted by the plaintiff, and not by Only available for: actions Available in ANY action Available in ANY action
the judge himself. to recover a debt, for a Except: Annullment & leg Except: Annullment & leg
liquidated sum or for sep. sep.
Q: If Mr. A files an action for recovery of a sum of money based on a promissory declaratory relief.
note signed by Ms. X. But the PN does NOT state when the amount is due and it is
Filed by plaintiff: anytime After answer. Failure or refusal to file an
the contention of Ms. X that since there has yet been no demand by Mr. A, the
after an answer is served. answer.
amount was not yet due. Can Mr. A move for a judgment on the pleadings?
Filed by defendant:
- NO. That should be summary judgment. There is an issue, but the fact of it being
anytime, even before
due and demandable can be established by evidence outside of the pleadings.
answer

Woods Technology v Equitable Bank (17 Feb. 2005) citing Narra Integrated
RULE 35 - SUMMARY JUDGMENTS
Corp. v CA
judgment may be based on the pleadings and evidence presented.
The existence or appearance of ostensible issues on the pleadings on the one hand
and their sham, or fictitious character, on the other, are what distinguishes a proper
SUMMARY JUDGMENT (ACCELERATED JUDGMENTS): judgment rendered by a court
case for summary judgment.
without trial if it clearly appears that there exists NO GENUINE ISSUE or controversy
as to any material fact
NOTE: Even if the answer does tender an issue, and therefore judgment on the
EXCEPT: as to the amount of damages- because damages are yet to be liquidated
pleadings is not proper, a summary judgment may still be rendered if the issues
tendered are NOT genuine, are a sham, fictitious, contrived, set up in bad faith and
GENUINE ISSUE: issue of fact which calls for the presentation of evidence
patently unsubstantial. (Vergara v Suelto)
-When the facts as pleaded appear uncontested or undisputed-> no real or genuine
issue- summary judgment!
SECTION 1. Summary judgment for claimant.—A party seeking to recover upon a
(i.e. claim for a sum of money based on a promissory note that had no due date.
claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time
But there was apparently an agreement as to the due date between the parties, as
after the pleading in answer thereto has been served, move with supporting
evidenced in a separate document).
affidavits, depositions or admissions for a summary judgment in his favor upon all
-Not proper where there are factual issues to be resolved by the presentation of
or any part thereof. (1a, R34)
evidence.
-Determinative factor: presence or absence of a genuine issue as to any material -Party (seeking to recover upon claim, counterclaim, cross-claim OR to obtain
fact declaratory relief) may at any time AFTER the pleading in answer has been served,
-Trial court cannot motu proprio decide that summary judgment is proper. MOVE with supporting affidavits, depositions or admissions for summary judgment
in his favour, ALL or ANY PART thereof.
Summary Judgment judgment on the Judgment by Default -Made specifically applicable for a special civil action for declaratory relief (Rule 63)
pleadings (Rule 9)
Based on pleadings, Based solely on the Based on the complaint SEC. 2. Summary judgment for defending party.—A party against whom a claim,
depositions, admissions pleadings and evidence (if counterclaim or cross-claim is asserted or a declaratory relief is sought may, at any
and affidavits. presentation is required) time, move with supporting affidavits, depositions or admissions for a summary
Available to both plaintiff Generally available only Only available to the judgment in his favor as to all or any part thereof. (2a, R34)
and defendant to the plaintiff, unless def. plaintiff.
sets up a counterclaim. - Party (against whom a claim, counterclaim, cross-claim OR to obtain declaratory
There are NO genuine Answer fails to tender an No answer filed by relief) may at any time AFTER MOVE with supporting affidavits, depositions or
issues between the issue or there is defending party. admissions for summary judgment in his favour, ALL or ANY PART
parties. admission of material

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WHO CAN FILE:
1. PLAINTIFF: may file motion AFTER ANSWER HAS BEEN SERVED and must
wait until issues have been joined
2. DEFENDANT: can move for summary judgment AT ANY TIME
TEST: W/N pleadings, affidavits & exhibits on support of motion are sufficient to
overcome opposing papers and to justify finding that, as a matter of law, there is no
defense to action or claim is clearly meritorious.
SEC. 3. Motion and proceedings thereon .—The motion shall be served at least ten
(10) days before the time specified for the hearing. The adverse party may serve
opposing affidavits, depositions, or admissions at least three (3) days before the
hearing. After the hearing, the judgment sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions, and admissions on file, show that,
except as to the amount of damages, there is no genuine issue as to any material
fact and that the moving party is entitled to a judgment as a matter of law. (3a,
R34)
-Motion shall be served at least 10D BEFORE specified time for hearing
-Adverse party may serve opposing affidavits, depositions or admissions at least 3D
BEFORE hearing
-After hearing, judgment may be rendered if pleadings, supporting affidavits,
depositions show that there is no genuine issue & moving party is entitled to
judgment as a matter of law
SEC. 4. Case not fully adjudicated on motion.—If on motion under this Rule,
judgment is not rendered upon the whole case or for all the reliefs sought and a trial
is necessary, the court at the hearing of the motion, by examining the pleadings and
the evidence before it and by interrogating counsel shall ascertain what material
facts exist without substantial controversy and what are actually and in good faith
controverted. It shall thereupon make an order specifying the facts that appear
without substantial controversy, including the extent to which the amount of
damages or other relief is not in controversy, and directing such further proceedings
in the action as are just. The facts so specified shall be deemed established, and the
trial shall be conducted on the controverted facts accordingly. (4a, R34)
-If judgment not rendered upon whole case or for all reliefs sought & trial is
necessary-> court at hearing of motion (examining pleadings & evidence before it &
by interrogating counsel) shall ascertain what material fact exist without substantial
controversy & what are actually & in GF controverted.
-Court makes order specifying: facts without substantial controversy, extent of
damages, or other relief not specified + directing further proceedings
-Authorizes rendition of partial summary judgment but such is interlocutory in
nature & NOT final & appealable
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SEC. 5. Form of affidavits and supporting papers.—Supporting and opposing
affidavits shall be made on personal knowledge, shall set forth such facts as would
be admissible in evidence, and shall show affirmatively that the affiant is competent
to testify to the matters stated therein. Certified true copies of all papers or parts
thereof referred to in the affidavit shall be attached thereto or served therewith.
(5a, R34)
REQUISITES:
-based on personal knowledge
-Set forth facts as would be admissible in evidence
-Affiant is competent to testify on matters stated therein
-Certified copies of all papers must be attached thereto and served on opposing
party
SEC. 6. Affidavits in bad faith.—Should it appear to its satisfaction at any time that
any of the affidavits presented pursuant to this Rule are presented in bad faith, or
solely for the purpose of delay, the court shall forthwith order the offending party or
counsel to pay to the other party the amount of the reasonable expenses which the
filing of the affidavits caused him to incur, including attorney’s fees. It may, after
hearing, further adjudge the offending party or counsel guilty of contempt. (6a,
R34)
-If it appears that affidavits are:
¬presented in bad faith
¬for purpose of delay
-Court shall order offending party/counsel to pay other party amount of reasonable
expenses, including attorney’s fees
-AFTER hearing, court may hold offending party/counsel in contempt
BASES of SUMMARY JUDGMENT
1. Affidavits made on personal knowledge
2. Depositions of adverse party or 3rd party under R23
3. Admissions of adverse party under R26
4. Answers to interrogatories under R25. All intended to show that:
a. There is no genuine issue as to any material fact (except damages) &,
b. that movant entitled to judgment
SANCTIONS:
1. pay the other party the amount of reasonable expenses (including atty’s
fees)
2. possibility of being held in contempt upon hearing.
RELATED CASES:
Velasco vs. CA
The rule on summary judgment does not vest in the court summary jurisdiction
to try the issues on pleadings & affidavits but gives the court limited authority
to enter summary judgment only if it clearly appears that there is no genuine
issue of material fact
 On a motion of summary judgment, the court is not authorized to decide an
issue of fact but to determine whether the pleadings & records before the court
create an issue of fact to be tried.
Even the existence of a important or complicated question of law where there
is no issue as to the facts is not a bar to summary judgment
Puyat vs. Zabarte
Summary judgment is a procedural device for the prompt disposition of actions
in w/c the pleadings raise only a legal issue, and not a genuine issue as to any
material fact
A genuine issue is a question of fact that calls for the presentation of evidence,
It should be distinguished from an issue that is sham, contrived, set in bad faith
and patently substantial
Summary judgment is based on facts directly proven by affidavits, depositions
or admissions
For summary judgment to be valid:
1. there must be no genuine issue as to any material fact, except for the
amount of damages, and
2. the party presenting the motion for summary judgment must be entitled to a
judgment as a matter of law
Evadel Realty & Development Corp. vs. Soriano
Summary of accelerated judgment is a procedural technique aimed at weeding
out sham claims or defenses at an early stage of the litigation thereby avoiding
the expense & loss of time involved in the trial
When the facts pleaded appear uncontested or undisputed, then there is no real
or genuine issue or question as to the facts and summary judgment is called for
When the facts as pleaded by the parties are disputed or contested,
proceedings for summary judgment cannot take place of trial
Libudan vs. Gil
Elements for allowance of the reopening/review of a decree:
1. the petitioner has a real or dominical right
2. he has been deprived thereof
3. through fraud
4. the petition is filed w/in 1 year from the issuance of the decree
5. the property has not yet been transferred to an innocent purchaser
The action to annul a judgment, upon the ground of fraud, would be unavailing
unless the fraud be extrinsic or collateral and the facts upon which it is based
have not been controverted or resolved in the case where the judgment sought
to be annulled or rendered
Extrinsic fraud connotes any fraudulent scheme executed by a prevailing
litigant “outside the trial of the case against the defeated party, or his agents,
attorneys or witnesses, whereby said defeated party is prevented from
presenting fully & fairly his side of the case”
Intrinsic fraud takes the form “acts of a party in a litigation during the trial,
such as the use of forged instruments or perjured testimony, w/c did not affect
the presentation of the case, but did not prevent a fair & just determination of
the case”
Yao vs. CA
Where a party does not institute the correct mode of appeal – such as a
petition for review instead of a notice of appeal – he loses it
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The right to appeal is not a constitutional, natural or inherent right – it is a
statutory privilege of statutory origin and, therefore, available only if granted or
provided by statute
The memorandum, decision to be valid, cannot incorporate the findings of fact
& the conclusions of law of the lower court only by remote reference, w/c is to
say that the challenged decision is not easily & immediately available to the
person reading the memorandum decision. For the incorporation by reference
to be allowed, it must provide for direct access to the facts & the law being
adopted, w/c must be contained in a statement attached to the said decisions
A decision or resolution, especially one resolving an appeal, should directly
meet the issues for resolution; otherwise the appeal would be pointless – while
brevity in the writing of decisions is an admirable trait, it should not & cannot
be substituted for substance
Nazareno vs. CA
A judgment promulgated after the judge who signed the decision has ceased to
hold office is not valid & binding
When a judge retired all his authority to decide any case, i.e. to write, sign and
promulgate the decision thereon also “retired” with him – he had lost entirely
his power and authority to act on all cases assigned to him prior to his
retirement
A void judgment never acquires finality, hence, even if a party failed to appeal
timely such judgment, it cannot be deemed to have been final & executory
since there was no effective or operative judgment to appeal from
Ninal vs. Bayadog
Other than for the purpose of remarriage, no judicial action is necessary to
declare a marriage an absolute nullity. For other purposes, such as but not
limited to determination of heirship, legitimacy, or illegitimacy of a child,
settlement of estate, dissolution of property regime, or a criminal case for that
matter, the Court may pass upon the validity of marriage even in a suit not
directly instituted to question the same as long as it is essential to
determination of the case
Lizardo, SR. vs. Montano
Where a motion for attorney’s fees is filed after more than 13 years since
finality of judgment, the trial court no longer has jurisdiction to entertain the
same
The court loses jurisdiction upon the finality of the decision, except to order
execution w/in its lifetime
A final decision cannot be amended or corrected except for clerical errors,
mistakes or misprisions
Where the trial court orders payment of attorney’s fees not decreed in the
judgment, such variance with the terms of the judgment renders the order void
If party failed to pay his counsel attorney’s fees, the lawyer may file an
independent action but he cannot enforce his attorney’s lien in a case
terminated long ago
RULE 36 - JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
NOTE: rules for judgment of Criminal cases can be found in Rule 120
(in civ cases, judgments are not promulgated in a strict sense, they are served upon
the parties personally or by registered mail. In the Appellate court, they are
promulgated, by the Clerk of Court).
MEANING OF A JUDGMENT
A final ruling by a court of competent jurisdiction regarding the rights or other
matters submitted to it in an action or proceeding.
FINAL JUDGMENT/ORDER- is one that finally disposes of a case, leaving nothing
more for the court to do in respect thereto, such as adjudication on the merits.
INTERLOCUTORY ORDER- is one that does NOT finally dispose of the case, such as
an order denying a motion to dismiss under Rule 15, or granting a motion for
extension of time to file a pleading (i.e. denial of a motion for extension).
As such, only FINAL judgment/order, as opposed to an interlocutory order, are
appealable; only final judgments can be the basis of execution. Once a judgment
has become final and executory, it can be subject to execution.
Q: can judgment that has not yet gained finality be the subject of execution? Yes.
On Executions pending appeal.
JUDGMENT ORDER
Always disposes the case Not on the merits of the case
Parts of a Judgment:
1. Opinion of the Court- contains the findings of fact and conclusions of law.
2. The disposition of the case- Final and actual disposition of the rights
litigated.
3. Signature of the judge
SECTION 1. Rendition of judgments and final orders.—A judgment or final order
determining the merits of the case shall be in writing personally and directly
prepared by the judge, stating clearly and distinctly the facts and the law on which it
is based, signed by him, and filed with the clerk of the court. (1a)
Requisites:
1. The Court/Tribunal must be clothed with authority and have jurisdiction to hear
and determine the matter before it.
2. The evidence presented must have been considered by the tribunal in deciding
the case.
3. Should be in writing, personally and directly prepared by the judge
4. Must state clearly and distinctly the facts and the law upon which it is based
5. Should contain a dispositive part and should be signed by the judge, and filed
w/the clerk of court
Rendition of a judgment means filing the same with the clerk of court. It is not
the pronouncement of the judgment in open court that constitutes the rendition,
nor the writing or the signing.
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Even if the judgment has already been put in writing and signed, it is still subject
to amendment if it has not yet been filed with the clerk of court and before its
filing does not constitute the real judgment of the court
JUDGMENT PENNED BY A JUDGE WHO DID NOT HEAR THE EVIDENCE. valid
Not necessary that the judge who heard the evidence be the same judge who
shall pen the decision/render the judgment.
A succeeding judge can examine and evaluate the evidence already presented by
the simple expedient of going over the transcripts of the testimony of the
witnesses.
Will not render the findings in the said decision erroneous and unreliable
JUDGMENT PENNED BY A JUDGE WHO CEASED TO BE A JUDGE. invalid
A decision penned by a judge after his retirement cannot be validly promulgated
and cannot acquire a binding effect
When a judge retires(or is promoted to a better position), all his authority to
decide any case has also “retired” with him
As long as the judge has authority to render a decision = VALID
SEC. 2. Entry of judgments and final orders.—If no appeal or motion for new trial or
reconsideration is filed within the time provided in these Rules, the judgment or final
order shall forthwith be entered by the clerk in the book of entries of judgments.
The date of finality of the judgment or final order shall be deemed to be the date of
its entry. The record shall contain the dispositive part of the judgment or final order
and shall be signed by the clerk, with a certificate that such judgment or final order
has become final and executory. (2a, 10, R51).
RULES on Entry of Judgment are the same in both lower courts and the appellate
courts.
The Dispositive portion of the judgments are reproduced in the books of Entry of
Judgment; only upon the lapse of the reglamentary period to appeal.
GENERAL RULE: execution must conform to the Dipsositive Portion of the decision
(reproduced in the writ of execution)
EXCEPT: the other parts of the decision may be resorted to in order to determine
the ratio decidendi of the court.
Date of finality of the judgment or final order shall be deemed to be the date of its
entry. This is important for computing the reglamentary period for filing a Motion
for Execution, or the 6month period for filing a Petition for Relief.
IMMUTABILITY OF JUDGMENTS
GENERAL RULE: A judgement that has attained finality can no longer be
disturbed/altered.
Just as the losing party has the right to file an appeal w/in the prescribed period,
the winning party also has the correlative right to enjoy the finality of the
resolution of his case
Exceptions:
a) Correction of clerical errors
b) Non pro tunc judgment (meaning the judgment does not speak the truth)
a. Judgment intended to enter into the record acts w/c had already been done,
but w/c do not yet appear on the record
b. Why alter? Bec it does not reflect the true judgment
 c) To clarify an ambiguity which is borne out by and justifiable in the context of Several Judgments Separate Judgments
the decision. Refers to parties Refers to claims
d) Whenever circumstances transpire after the finality of the decision rendering its
execution unjust SEC. 5. Separate judgments.—When more than one claim for relief is presented in
e) Null and void judgments 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
The power to amend a judgment is inherent to the Court before judgment which is the subject matter of the claim, may render a separate judgment disposing
becomes Final and Executory. 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
Amended or Clarified Supplemental Decision separate judgment is rendered, the court by order may stay its enforcement until
Judgment the rendition of a subsequent judgment or judgments and may prescribe such
It is an entirely new Does not supercede the conditions as may be necessary to secure the benefit thereof to the party in whose
decision and supercedes original decision. favor the judgment is rendered. (5a)
the original judgment.
Separate Judgment- is one rendered by a court disposing a claim, among several
Court makes a thorough Merely serves to bolster
others, presented in a case after determination of the issues material to a particular
study of the original or add to the judgment.
claim and all counterclaims arising out of the transaction or occurrence, which is the
judgment and renders the subject matter of the said claim.
amended and clarified Presupposes that there are several claims for relief presented in a single action
judgment only after The court may, after determining the issues relative to a claim and considering
considering all the factual other circumstances, may render separate judgment on the cross-claim or the
and legal issues. counterclaim, and the action proceeds with regard to the other claims.
Despite the rendition of the separate judgment, the court may, stay the execution
of the separate judgment until the rendition of a judgment on all the other claims.
Gen. Rule: Validity of a Judgment/Order cannot be collaterally attacked.
Except: Lack of Jurisdiction and Irregularity of entry apparent from the face of the
Gen. Rule: court will not render any judgment on an issue BUT THIS IS AN
record.
EXCEPTION
Except: summary judgment on 1 of the claims OR parties agree of facts partly
SEC. 3. Judgment for or against one or more of several parties.—Judgment may be
given for or against one or more several plaintiffs, and for or against one or more of
Ex. In expropriation – there are two judgments:
several defendants. When justice so demands, the court may require the parties on
each side to file adversary pleadings as between themselves and determine their 1. Authority to expropriate
ultimate rights and obligations. (3) 2. Just compensation
Ex. Summary judgment (one case has several judgments – summary as to the one
May be given for or against 1/more of several plaintiffs, and for or against 1/more with no genuine issue, and trial over the ones with genuine issue)
of several defendants
The court may require the parties on each side to file adversary pleadings as REMEMBER: SHOULD NOT BE A FINAL JUDGMENT
between themselves and determine their ultimate rights & obligations

SEC. 6. Judgment against entity without juridical personality.—When judgment is

SEC. 4. Several judgments.—In an action against several defendants, the court
rendered against two or more persons sued as an entity without juridical
may, when a several judgment is proper, render judgment against one or more of
personality, the judgment shall set out their individual or proper names, if known.
them, leaving the action to proceed against the others. (4)
(6a)

Several Judgment- is ne rendered by a court against one or more defendants and

Related to Rule 3, Sec.15
not against all of them leaving the action to proceed against the others.
Judgment shall be actually against the persons who form the entity w/o a juridical
personality.
Proper when the liability of each party is clearly separable and distinct from that of
his co-parties such that the claims against each of them could have been the subject
A. REMEDIES BEFORE FINALITY OF JUDGMENT- Reglamentary Period (15d)
of separate suits, and that the judgment for or against one of them will not
1) Motion for Reconsideration, or
necessarily affect the other.
2) Motion for New Trial (R. 37)
NOTE: NOT PROPER in actions against solidary debtors.
3) Appeal
B. AFTER the Finality of judgment
1) Relief from judgment

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 2) Annulment of judgment GROUNDS
3) Petition for certiorari NEW TRIAL MOTION FOR
RECONSIDERATION
FAME w/c ordinary Damages awarded are excessive
RULE 37 - NEW TRIAL OR RECONSIDERATION prudence could not have
-MR is directed against judgment or final order guarded against & because
-Prohibited in summary procedure & small claims of this, aggrieved party’s
rights were impaired
NEWLY DISCOVERED Evidence is insufficient to justify
SECTION 1. Grounds of and period for filing motion for new trial or
EVIDENCE w/c he could not decision
reconsideration.—Within the period for taking an appeal, the aggrieved party may
with reasonable diligence
move the trial court to set aside the judgment or final order and grant a new trial for
have discovered and &
one or more of the following causes materially affecting the substantial rights of said
produced at trial, & w/c if
party:
presented would alter result
(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could Decision is contrary to law
not have guarded against and by reason of which such aggrieved party has probably
been impaired in his rights; or NEW TRIAL MOTION FOR
RECONSIDERATION
(b) Newly discovered evidence, which he could not, with reasonable diligence, have
WHEN Within period for Within period for
discovered and produced at the trial, and which if presented would probably alter
to file taking an appeal taking an appeal
the result.
WHERE With TC w/c With trial court w/c
Within the same period, the aggrieved party may also move for reconsideration to file rendered rendered judgment
upon the grounds that the damages awarded are excessive, that the evidence is questioned w/c sought to be
insufficient to justify the decision or final order, or that the decision or final order is judgment reconsidered
contrary to law. (1a) Is 2nd Yes. So long as 2nd motion from the
Motion based on grounds same party is
NEW TRIAL: rehearing of a case already decided by court but before judgment Allowed not prohibited.
rendered becomes final and executory whereby extrinsic fraud, accident, mistake existing/available
are expunged from record/new evidence is introduced. at the time 1st
motion was made.
-Filed WITHIN the reglamentary PERIOD for APPEAL, in the TC which rendered the
EXTRINSIC FRAUD: fraudulent scheme executed by prevailing party outside of trial
questioned judgment.
against losing party who because of such fraud is prevented from presenting his side
Generally: NO motion for extension allowed. However,
of the case e.g. prevents witness from testifying
Fresh Period Rule- If you file an MR, and your motion is denied, you have a fresh
ACCIDENT: event that takes place without one’s foresight or expectation e.g. party
period of 15d (applicable only to R. 40-41 Ordinary Appeal). (Neypes case, 2005)
after being hit with car fails to attend trial
NOTE: The fresh period rule does not refer to the period within which to appeal from
MISTAKE: mistakes of fact or law where in GF, defendant was misled in a case e.g.
the order denying the MR, but to the period within which to appeal from the
party relying upon compromise fails to answer & was declared in default
judgment itself.
EXCUSABLE NEGLIGENCE: depends upon circumstances of case
GEN. RULE: Negligence of counsel binding on client
Q: Is an MR inconsistent with a Motion for New Trial, such that if you file an MR, you
EXCEPT: negligence of counsel may be a ground for new trial if it was so great
can no longer file a motion for new trial? NO.
that the party was prejudiced & prevented from fairly presenting his case
For as long as the grounds of either are present, and even if the MR is pending, for
as long as the reglamentary period to file a motion for new trial is still available, you
Q: what if you received a decision, but due to the fact that your office was gutted by
can file. The 2 remedies are not mutually exclusive.
fire, you weren’t able to file your appeal within the reglamentary period. What is
your remedy?
Q: Do you have MNT in the CA? Yes, but only on the ground of newly discovered
- If you were prevented from filing an appeal because of an accident, or by extrinsic
evidence. Filed at any time once appeal is perfected, and for as long as the appellate
fraud, mistake or excusable neglect, you can file a Petition for Relief from Denial of
court has jurisdiction. It shall be decided within 90d. In the SC? NO. But the Court
Appeal.
may allow it, subject to its discretion.

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REQUISITES OF NEWLY DISCOVERED EVIDENCE: (Berry Rule) intends to present if motion
1. Must have been discovered after trial is granted
2. Could not have been discovered & produced at trial (was NOT available -If ground is newly
during trial) even with exercise of reasonable diligence discovered evidence:
supported by affidavits of
3. Evidence is of such weight that if admitted, would probably alter the result
witnesses, or copy of the
of the trial newly discovered doc.
4. Must be material & relevant, not merely collateral, cumulative or Effect of grant of MNT: The original Effect of grant of MR: the old judgment will
corroborative judgment/final order is vacated. The be set aside and a new judgment will be
NOTE: May refer to evidence already in existence prior or during trial but which case stands for trial de novo and will entered by the court.
could not have been secured and presented during the trial despite reasonable be tried anew. - If the court finds that excessive damages
diligence on the part of the litigant. (Tumang v CA) -The evidence so far admitted, which were awarded, or judgment is contrary to
is not tainted; that could stand, will evidence/law. Amend.
(CrimPro: grounds for MNT in R. 121- Errors of fact/irregularities in proc. that would
remain upon the record. The new
prejudice the right of the accused and newly discovered evidence) evidence will be accepted.

SEC. 2. Contents of motion for new trial or reconsideration and notice thereof.—The PRO-FORMA MOTION: where movant fails to make reference to testimonial and
motion shall be made in writing stating the ground or grounds therefor, a written documentary evidence on record or provisions of law alleged to be contrary to TC’s
notice of which shall be served by the movant on the adverse party. conclusion as well as reasons or if there is no affidavit of merit.
A motion for new trial shall be proved in the manner provided for proof of motions.
A motion for the cause mentioned in paragraph (a) of the preceding section shall be Indications of a Pro Forma Motion:
supported by affidavits of merits which may be rebutted by affidavits. A motion for ¬Based on same ground as that raised in denied motion under R37
the cause mentioned in paragraph (b) shall be supported by affidavits of the ¬Contains same arguments in opposition to a granted motion to dismiss
witnesses by whom such evidence is expected to be given, or by duly authenticated
¬New ground alleged in 2nd MNT already existed, was available and could not
documents which are proposed to be introduced in evidence.
have been alleged in the 1st MNT which was denied.
A motion for reconsideration shall point out specifically the findings or conclusions of ¬Based on ground of insufficiency of evidence or that judgment is contrary to
the judgment or final order which are not supported by the evidence or which are law but DOES NOT specify defects in judgment
contrary to law, making express reference to the testimonial or documentary ¬Non-compliance with requirements of R15
evidence or to the provisions of law alleged to be contrary to such findings or
NOTE: If MR has same grounds as that of MNT-> considered as MNT and has same
conclusions.
effect.
A pro forma motion for new trial or reconsideration shall not toll the reglementary
period of appeal. (2a)
SEC. 3. Action upon motion for new trial or reconsideration.—The trial court may set
-Motion shall be made in WRITING stating the ground therefore aside the judgment or final order and grant a new trial, upon such terms as may be
-Written notice shall be served by movant on adverse party just; or may deny the motion. If the court finds that excessive damages have been
awarded or that the judgment or final order is contrary to the evidence or law, it
NEW TRIAL MOTION FOR may amend such judgment or final order accordingly. (3a)
RECONSIDERATION
-Proved in manner provided -Point out specifically -TC may set aside judgment & grant new trial upon terms as may be just OR may
for proof of notions findings/conclusions of judgment deny motion
-Supported by affidavit of w/c are not supported by evidence
-If court finds excessive damages awarded or judgment is contrary to law or
merit. or contrary to law
-If ground is FAME: evidence -> amend judgment accordingly
supported by affidavits of
merit (stating: SEC. 4. Resolution of motion—A motion for new trial or reconsideration shall be
a) nature or character of resolved within thirty (30) days from the time it is submitted for resolution. (n)
FAME,
-MNT or MR shall be resolved within 30D from time it is submitted for resolution
b) facts constituting
movant’s good &
substantial defense or valid SEC. 5. Second motion for new trial.—A motion for new trial shall include all grounds
cause of action and then available and those not so included shall be deemed waived. A second motion
c) evidence which he for new trial, based on a ground not existing nor available when the first motion was

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made, may be filed within the time herein provided excluding the time during which
the first motion had been pending.
No party shall be allowed a second motion for reconsideration of a judgment or final
order. (4a, 4, IRG)
Q: can you file a 2nd MNT? Yes. If the ground for the 2nd MNT was not available at
the time of the filing of the 1st. But if it is available, it will be considered as waived,
following the Omnibus Motion Rule.
-NO 2nd MR!!!
-MNT shall include all grounds then available
-Grounds not included shall be deemed waived
-Second MNT based on ground not existing or not available when 1st motion was
made-> may be filed within time provided excluding time during which 1st motion
had been pending
SEC. 6. Effect of granting of motion for new trial.—If a new trial is granted in
accordance with the provisions of this Rule, the original judgment or final order shall
be vacated, and the action shall stand for trial de novo; but the recorded evidence
taken upon the former trial, insofar as the same is material and competent to
establish the issues, shall be used at the new trial without retaking the same. (5)
-If new trial is granted-> original judgment shall be vacated & action shall stand
for trial de novo
-Recorded evidence (material & competent) taken upon former trial-> used at new
trial without retaking it
NOTE: If the order granting a new trial is set aside, the original judgment is deemed
repromulgated.
SEC. 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. (6a)
-If grounds appear to affect issues as to only a part or less than all of the matter, or
only one or less than all of the parties -> court may order new trial or grant MR
without interfering with judgment or final order upon the rest
SEC. 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.
(7a)
-When less than all of the issues are ordered retried -> court may enter a judgment
as to the rest OR stay enforcement until after new trial.
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SEC. 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. (n)
-Order denying MNT or MR: NOT APPEALABLE!!!
-REMEDY: NOT Certiorari under 65, but appeal from judgment or final order
Heirs of Andrea Cristobal vs. CA
No motion for extension of time to file a motion for new trial or
reconsideration may be filed w/ the MTC, MeTC, RTC and CA. Such a motion
may be filed only in cases pending with the SC as a court of last resort which
may in its sound discretion either grant or deny the extension requested. An
exception therefore cannot be made despite the claim that the lapse was due
to the illness of petitioner’s counsel
Jimenez vs. Patricia, Inc.
A motion for Clarificatory Judgment, not being in the character of a motion
for reconsideration, does not toll the reglamentary period for filing a petition
for review with the CA
Q: Do you still have a remedy if the judgment has already become final and
executory? Yes.
RULE 38 - RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS
Not applicable to the SC, as it is not a trier of facts
SECTION 1. Petition for relief from judgment, order, or other proceedings—When a
judgment or final order is entered, or any other proceeding is thereafter taken
against a party in any court through fraud, accident, mistake, or excusable
negligence, he may file a petition in such court and in the same case praying that
the judgment, order or proceeding be set aside. (2a)
Presupposes that judgment has already become final and executory.
Party seeks to set aside a JUDGMENT rendered against him by a court whenever
he was unjustly deprived of a hearing or was prevented from taking an appeal bec
of FAME
Equitable remedy only allowed in exceptional cases when there is no other
available or adequate remedy
REMEMBER: party who has filed a MNT that was denied cannot file a petition for
relief from judgment = 2 remedies are exclusive of each other. The remedy is to
APPEAL.
Pet. For Relief from Judgment (Rule Pet. For Annulment of Judgment
38) (Rule 47)
-When judgment or final order is - Fraud and Lack of Jurisdiction [either
entered into, or any other proceeding is over the subject matter or over the
thereafter taken against the petitioner person]
through FAME.
-when a party has been prevented from
taking an appeal due to FAME.
- Must be filed within 60 days from - If grounded on fraud, within 4y. If
knowledge of the judgment and not based on Lack of jurisdiction, anytime
more than 6months from entry thereof. until you are bound by laches.
- The petition is only available to parties - may be filed by anyone, even if they
to the case. were not a party to the case.
- filed in the court that rendered the - If based on a decision of the RTC, filed
judgment. in the CA as an original action.
- Decision of the MTC? Filed with the
RTC.
NOTE: The phrase “other proceeding” in the 1st ground may include an order or writ
of execution, or an order dismissing an appeal. A petition for relief has been held to
be applicable to all kinds of specpro, such as land reg., intestate settlement &
guardianship.
SEC. 2. Petition for relief from denial of appeal—When a judgment or final order is
rendered by any court in a case, and a party thereto, by fraud, accident, mistake, or
excusable negligence, has been prevented from taking an appeal, he may file a
petition in such court and in the same case praying that the appeal be given due
course. (1a)
Petitioner has been prevented from taking an APPEAL by FAME
In sec.1 & 2, the petition shall be filed in such court and in the same case
praying that the judgment, order or proceeding (sec.1) be set aside or appeal
(sec.2) be given due course
PETITION ONLY AVAILABLE TO THE PARTIES
A person who was never a party to the case, or even summoned to appear
therein, cannot avail of a petition for relief fr judgment
Alaban v CA
- A party can be defined as more than that of an actual named party to the case.
- Mr. X died with an estate, and Mr. Juan, one of his heirs, came forward in estate
court, requesting that the entire estate be adjudicated in his favor. Thinking he was
the sole heir, the TC adjudicated in his favor.
- However, 2 months after the entry of judgment, the rest of the heirs learned of it,
and filed a Motion to Set Aside Judgment.
Q: Do the other heirs have personality to file a motion to set aside judgment?
Technically, not being a party to the estate proceedings, the TC denied their motion.
Q: What should the heirs file?
They filed a Petition for Annullment of Judgment. The SC held that they should have
filed a Petition for Relief of Judgment, which was the proper relief in the case at bar.
Because according to the Court, this was an action in rem, and being an action in
rem, notice should made by pub.; and although you are not a named party to the
case, you are effectively made a party.
PETITION IS AVAILABLE TO PROCEEDINGS AFTER JUDGMENT
Also applicable to a proceeding taken after the entry of judgment or final order
such as an order or execution
SEC. 3. Time for filing petition; contents and verification.— A petition provided for in
either of the preceding sections of this Rule must be verified, filed within sixty (60)
days after the petitioner learns of the judgment, final order, or other proceeding to
be set aside, and not more than six (6) months after such judgment or final order
was entered, or such proceeding was taken; and must be accompanied with
affidavits showing the fraud, accident, mistake, or excusable negligence relied upon,
and the facts constituting the petitioner’s good and substantial cause of action or
defense, as the case may be. (3)
60 days after the knowledge of judgment and not more than 6 mos after
judgment was entered = cannot be extended and is not interrupted by filing a
petition for certiorari!
NOTE: BOTH periods must be complied with.
i.e. If judgment was rendered June 1, and you only gained knowledge of the
judgment on Nov., do you have 60d from knowledge? NO. You have to file within
the 6 month period.
Form and Contents of Petition:
1. Petition must be VERIFIED and
2. must be accompanied w/AFFIDAVITS showing FAME relied upon,
3. and the facts constituting the petitioner’s good and substantial cause of action
or defense, as the case may be.
Affidavit of Merit is one which recites the nature and character of FAME on which te
motion is based.
- It serves as the jurisdictional basis for the court to entertain a pet. 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 also appear in the verified petition.
MERCURY DRUG v. CA & SPOUSES YEE
Spouses Yee were served a copy of the judgment of the lower court through their
counsel on March 3, 1995. Thus, the respondents are considered to have received
notice on March 3, 1995 when their counsel was served notice and not on March 24,
1995 when they actually learned of the adverse decision. Consequently, their
petition for relief, which was filed on May 15, 1995 or over sixty days from notice of
their counsel, was filed out of time. The failure of a party’s counsel to notify him on
time of the adverse judgment to enable him to appeal therefrom is negligence,
which is not excusable. Notice sent to counsel is binding upon the client and the
neglect or failure of counsel to inform him of an adverse judgment resulting in the
loss of his right to appeal is not a ground for setting aside a judgment valid and
regular on its face.
PUBLIC ESTATES AUTHORITY v. YUJUICO
Section 3, Rule 38 provides that a verified petition for relief must be filed within 60
days after the petitioner learns of the judgment, final order, or other proceeding to
be set aside and not more than 6 months after such judgment or final order has
been entered or such proceeding has been taken. It must be accompanied with
affidavits showing the fraud, accident, mistake, or excusable negligence relied upon,
and the facts constituting petitioner’s good and substantial cause of action or
defense.
SEC. 4. Order to file an answer —If the petition is sufficient in form and substance
to justify relief, the court in which it is filed, shall issue an order requiring the
adverse parties to answer the same within fifteen (15) days from the receipt
thereof. The order shall be served in such manner as the court may direct, together
with copies of the petition and the accompanying affidavits. (4a)

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If the petition is sufficient in form and substance to justify relief, the court in w/c it
is filed, shall issue an ORDER requiring the adverse parties to answer the same
w/in 15 days fr the receipt thereof (failure to file an answer does not warrant a
declaration of default)
SEC. 5. Preliminary injunction pending proceedings.—The court in which the petition
is filed, may grant such preliminary injunction as may be necessary for the
preservation 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 is dismissed or the
petitioner fails on the trial of the case upon its merits, he will pay the adverse party
all damages and costs that may be awarded to him by reason of the issuance of
such injunction or the other proceedings following the petition; but such injunction
shall not operate to discharge or extinguish any lien which the adverse party may
have acquired upon the property of the petitioner. (5a)
A petition for relief is a remedy available after the judgment or final order has
become final and executory
Ex. The judgment could be a writ of execution
o Nothing in the rules that precludes the execution if it is already executory upon
proper application of the prevailing party during the pendency of the petition
o Petitioner would be interested in preserving the status quo and the rights of the
parties
GENERAL RULE: Exec. of Judgment is not stayed unless a writ of preliminary
injunction is issued by the court.
Court may grant such PRELIMINARY INJUNCTION as may be necessary to
preserve the rights of the parties upon the filing of a bond in favor of the adverse
party
o The bond is conditioned to the adverse party of all damages and costs that may
be awarded to him by reason of the issuance of the injunction or other
proceedings ff the petition
o Such injunction shall not discharge any LIEN which the adverse party may have
acquired upon the prop. of the petitioner.
SEC. 6. Proceedings after answer is filed.—After the filing of the answer or the
expiration of the period therefor, the court shall hear the petition and if after such
hearing, it finds that the allegations thereof are not true, the petition shall be
dismissed; but if it finds said allegations to be true, it shall set aside the judgment
or final order or other proceeding complained of upon such terms as may be just.
Thereafter the case shall stand as if such judgment, final order or other proceeding
had never been rendered, issued or taken. The court shall then proceed to hear and
determine the case as if a timely motion for a new trial or reconsideration had been
granted by it. (6a)
After the filing of the answer OR the expiration of the period to file the answer, the
court shall hear the petition
o If the allegations are NOT TRUE = DISMISS
o If the allegations are TRUE = SET ASIDE
2 Hearings:
1. To determine whether the judgment should be set aside.
2. If yes, a hearing on the merits.
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SEC. 7. Procedure where the denial of an appeal is set 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 elevate the record of the appealed case as if a timely and proper
appeal had been made. (7a)
If allegations are TRUE = set aside previous denial of the appeal and give due
course and elevate the records as if a timely and proper appeal was made.
REMEDIES IF RULE 38 NO LONGER AVAILABLE:
1. Petition for annulment of judgment (Rule 47)
2. Direct or Collateral attack if judgment is void for lack of jurisdiction.
RULE 39 - EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
SECTION 1. Execution upon judgments or final orders.— Execution shall issue as a
matter of right, on motion, upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal therefrom if no appeal has
been duly perfected. (1a)
If the appeal has been duly perfected and finally resolved, the execution may
forthwith be applied for in the court of origin, on motion of the judgment obligee,
submitting therewith certified true copies of the judgment or judgments or final
order or orders sought to be enforced and of the entry thereof, with notice to the
adverse party.
The appellate court may, on motion in the same case, when the interest of justice so
requires, direct the court of origin to issue the writ of execution. (n)
EXECUTION: remedy provided by law for the enforcement of a final judgment
-Can only issue against a party and not against one who has not had his day in
court
WRIT OF EXECUTION: judicial writ issued to an officer authorizing him to execute
the judgment of the court
-To be valid, must conform strictly to the decision or judgment which gives it life
and,
-CANNOT VARY the terms of the judgment it seeks to enforce
Mina v Vianzon
- issuance of demolition order in ejectment cases is within the jursidiction of the
court that rendered the original decision (MTC).
Except: When the RTC grants execution pending appeal.
FINAL JUDGMENT OR ORDER: disposes of the whole subject matter or terminates
the particular proceedings or action, leaving nothing to be done by the court but to
enforce by execution what has been determined
- ENTRY OF JUDGMENT: Occurs after the lapse of the reglamentary period to file an
appeal.
TEST TO DETERMINE W/N JUDGMENT OR ORDER IS FINAL OR INTERLOCUTORY: if
the judgment/order leaves nothing more for the court to do with respect to the
merits of the case, it is a final order.
-Special judgment is one that requires the performance of an act other than:
payment of money and sale or real/personal property Q: Which court issues the writ of execution.
The court that rendered the original judgment
Execution is a matter of right: Q: RTC issued a decision, it was appealed to the CA, then to the SC. Who issues the
¬on motion writ of execution?
¬upon a judgment/order that disposes of the action or proceeding The RTC – the court of original jurisdiction, attaching the certified copy of
¬upon expiration of the period to appeal therefrom and no appeal has been duly
the judgment of the appellate court.
perfected
Q: Are there instances wherein the writ will be issued by an appellate court, or a
court other than that of original jurisdiction?
Discretionary
Exec. is a Matter of In certain just causes, in the interest of justice, you can apply for a motion
Execution upon
Right after expiration for execution with the appellate court. But in all cases, it is still the court
good reasons
of period to appeal
stated in a special that rendered the original decision who will issue the writ.
and no appeal is
order after due Q: If the CA issues a judgment on a case in which it has original juridiction, who will
perfected.
hearing
isue the writ? The CA, because it is an original case filed before them (i.e.
mandamus, quo warranto, habeas corpus).

Sheriff enforces writ of execution When quashal or writ of execution is proper:

1. change in the situation of the parties renders execution inequitable
2. issued against wrong party
3. issued without authority
Losing Party is made to indemnify through: 4. improvidently issued
1. Payment with interest 5. defective in substance
2. Levy and Sale of Personal Property 6. judgment already satisfied
3. Levy and Sale of Real Property 7. controversy never submitted to court
4. Delivery of Personal and Real GEN. RULE: Dispositive portion of decision is the part that becomes subject of
Property
execution
EXCEPT: 1. Where there is ambiguity, the body of the opinion may be referred to for
purposes of construing judgment because dispositive part of a decision must find
support from the decision’s ratio and 2. Where extensive and explicit discussion and
settlement of the issue is found in the body of decision
GEN. RULE: matter of right on the part of the winning party. Court cannot refuse NOTE: If the writ of execution varies the terms of the dispositive portion, defeated
execution party can file motion to quash writ of execution if denied or file petition for certiorari
EXCEPT: under Rule65 with prayer for TRO.
1. Where the judgment turns out to be incomplete or conditional
2. Judgment novated by partied Solidbank v CA
3. Equitable grounds like a change in situation of the parties which makes
- Since there was no mention in the decision as to the payment of interest, the
execution inequitable
imposition of the sheriff of 12% interest on the subject liability, and the interest
4. Execution is enjoined
5. Judgment has become dormant, except, support which can be executed by imposed on which the private respondent was held liable are void. The sheriff
motion cannot deviate from the decision of the court.
6. Execution is unjust or impossible
Intramuros Tennis Club v PTA:
Heirs of Sangkay NAPOCOR (4 May 2006) A final judgment or order is one that finally disposes of a case. This is the only
Execution shall issue as a matter of right on motion upon a judgment or thing that could be subject to execution.
order that disposes of the proceedings upon the expiration of the period to
Execution must conform to the dispositive portion. What is reproduced in the
appeal, if NO appeal has been perfected.
Execution is a matter of right after the lapse of the reglamentary period to writ is the dispositive portion of the judgment.
appeal. Motion for Execution does not require a full-blown trial type hearing. “On the
In this case, the losing party filed an MR, while the winning party filed a matter of the hearing, we adhere with the trial court’s disposition, that the
motion for exec. pending appeal. The court will first have to entertain the court did not gravely abuse its discretion in granting the motion for execution
MR; the motion for exec. pending appeal will be held in abeyance in the pending appeal without a full-blown trial type hearing. We have declared that
meantime until its resolution.

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 due process basically entails opportunity to be heard, and we hold that the
same principle underlies in the provision on hearing in sec. 2 of Rule 39.”
SEC. 2. Discretionary execution.—
(a) Execution of a judgment or final order pending appeal.— On motion of the
prevailing party with notice to the adverse party filed in the trial court while it has
jurisdiction over the case and is in possession of either the original record or the
record on appeal, as the case may be, at the time of the filing of such motion, said
court may, in its discretion, order execution of a judgment or final order even before
the expiration of the period to appeal.
After the trial court has lost jurisdiction, the motion for execution pending appeal
may be filed in the appellate court.
Discretionary execution may only issue upon good reasons to be stated in a special
order after due hearing.
(b) Execution of several, separate or partial judgments.—A several, separate or
partial judgment may be executed under the same terms and conditions as
execution of a judgment or final order pending appeal. (2a)
Execution pending appeal/Discretionary Execution:
by the TRIAL COURT: may also do so in the exercise of its residual jurisdiction
under Rule 41 & 42; as long as it is still in possession of the records of the case. If
the records have already been elevated, then…
by the APPELLATE COURT: [Once the jurisdiction of the trial court has been
vacated] The appellate court can order the execution of judgment pending appeal
for good reasons, as shown by compelling circumstances, so that the judgment will
not be rendered illusory.
No need for a bond to apply for discretionary execution. A bond is required
in sec. 3 to STAY EXECUTION. The court might require a bond, subject to
its discretion (pursuant to the old rules), but there is nothing in the law as
it is worded now that requires a bond. All that the law requires is good
reason.
Grounds:
1. Insolvency of the judgment debtor
2. Wastage of asset by judgment debtor
-Court (own discretion) may order an execution before the expiration of the time
within which to appeal, provided:
1. Motion for execution filed by the winning party
2. Notice of said motion to the adverse party
3. Good reasons stated in a special order after due hearing
-an award for actual and compensatory damages may be ordered executed pending
appeal, but not an award for moral or exemplary damages (dependent on outcome
of appeal)
Cordero v Go (2002)
Once appeal is perfected, you can no longer file an execution pending appeal in
the trial court. Because jurisdiction will already have been lost when the
records have been elevated to the appellate court.
But can you stile file for a motion ofr execution in the appellate court? Yes.
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SEC. 3. Stay of discretionary execution.—Discretionary execution issued under the
preceding section may be stayed upon approval by the proper court of a sufficient
supersedeas bond filed by the party against whom it is directed, conditioned upon
the performance of the judgment or order allowed to be executed in case it shall be
finally sustained in whole or in part. The bond thus given may be proceeded against
on motion with notice to the surety. (3a)
SUPERSEDEAS BOND: filed by petitioner and approved by the court before the
judgment becomes final and executory and conditioned upon the performance of the
judgment appealed from in case it be affirmed wholly or in part; guarantees
satisfaction of judgment in case of affirmance on appeal. It does not answer for
damage to property pending the appeal.
-Party against whom an execution is directed may file a supersedeas bond to stay
discretionary
GEN. RULE: Order of execution NOT appealable otherwise there would be no end to
the litigation between the parties
EXCEPT:
1. When the terms of the judgment are not very clear
2. When the order of execution varies with the tenor of judgment
SEC. 4. Judgments not stayed by appeal.—Judgments in actions for injunction,
receivership, accounting and support, and such other judgments as are now or may
hereafter be declared to be immediately executory, shall be enforceable after their
rendition and shall not be stayed by an appeal taken therefrom, unless otherwise
ordered by the trial court. On appeal therefrom, the appellate court in its discretion
may make an order suspending, modifying, restoring or granting the injunction,
receivership, accounting, or award of support.
The stay of execution shall be upon such terms as to bond or otherwise as may be
considered proper for the security or protection of the rights of the adverse party.
(4a)
GEN. RULE: judgment stayed by appeal
EXCEPT: Instances when judgment immediately executory
1. Injunction
2. Receivership
3. Accounting
4. Support (delay might unduly prejudice the one in need)
5. Other judgments declared to be immediately executory unless otherwise
ordered by trial court (i.e. judgment in favor of the plaintiff in a forcible
entry/unlawful detainer case and ejectment)
Q: in these cases, can you still appeal the decision of the court?
YES. But the appeal will not stay the execution of the decision.
SEC. 5. Effect of reversal of executed judgment.—Where the executed judgment is
reversed totally or partially, or annulled, on appeal or otherwise, the trial court may,
on motion, issue such orders of restitution or reparation of damages as equity and
justice may warrant under the circumstances. (5a)
If reversed TOTALLY or PARTIALLY or ANNULLED: TC may on motion, issue orders of
restitution or reparation of damages as equity and justice may warrant under
circumstances

SEC. 6. Execution by motion or by independent action.—A final and executory
judgment or order may be executed on motion within five (5) years from the date of
its entry. After the lapse of such time, and before it is barred by the statute of
limitations, a judgment may be enforced by action. The revived judgment may also
be enforced by motion within five (5) years from the date of its entry and thereafter
by action before it is barred by the statute of limitations. (6a)
(b) In case of the death of the judgment obligor, against his executor or
administrator or successor in interest, if the judgment be for the recovery of real or
personal property, or the enforcement of a lien thereon;
(c) In case of the death of the judgment obligor, after execution is
actually levied upon any of his property, the same may be sold for the satisfaction of
the judgment obligation, and the officer making the sale shall account to the
corresponding executor or administrator for any surplus in his hands. (7a)

Modes of enforcement - Contemplates death of either of the parties when judgment has already become
1. Motion within 5yrs from date of its entry (may be extended if delay is final and executory (Substitution will not apply).
traceable to fault of judgment debtor) A. in case death of judgment OBLIGEE: execution will issue in any case,
2. Independent action for revival of judgment after 5yrs from entry and upon the motion of the executor/administrator.
before it is barred by statute of limitations which is 10yrs from the entry of B. in case death of judgment OBLIGOR:
judgment under Art1144 under the CC (after revival of the judgment, you 1. Before levy
can already file a motion for exec. w/in 5y from the entry of judgment -execution will issue if the action is regarding a right or interest
from the revived action). regarding any real/personal property or any lien thereon.
Q: If still unable to file a motion within 5y from date of entry of revived -execution will NOT issue if action is for the recovery of a sum of
judgment, can you file again? YES. money. judgment oblige should file a claim against the estate of the
-5yr period counted NOT from date of judgment became final in the sense that no judgment obligor (under Rule86)
appeal can be taken therefrom but when it became executory, in the sense that it 2. After levy: execution will issue in any case because after a valid levy,
could already be enforced. property is already separated from the estate of the deceased and
considered as in custodia legis.
NOTE: The independent action to revive judgment will not necessarily be filed with - It is as if the property has already been earmarked for the obligee.
the same court that decided the case. It should be filed in the RTC as one incapable
of pecuniary est. SEC. 8. Issuance, form and contents of a writ of execution.— The writ of execution
shall: (1) issue in the name of the Republic of the Philippines from the court which
SECTION DOES NOT APPLY TO: granted the motion; (2) state the name of the court, the case number and title, the
1. Judgments for support dispositive part of the subject judgment or order; and (3) require the sheriff or
2. Contempt orders in unauthorized re-entry on the land by an ejected other proper officer to whom it is directed to enforce the writ according to its terms,
defendant in the manner hereinafter provided:
3. Issuance of Writs of Possession
4. Special proceedings (a) If the execution be against the property of the judgment obligor, to
satisfy the judgment, with interest, out of the real or personal property of such
Revival of Judgment (sec. 6) Revival of Judgment (sec. 34) judgment obligor;
- covers revival of judgment upon an - applies in case of an auction sale, and
(b) If it be against real or personal property in the hands of personal
independent action. there was a purchaser who was not able
representatives, heirs, devisees, legatees, tenants, or trustees of the judgment
to take possession of the item/property
obligor, to satisfy the judgment, with interest, out of such property;
he purchased due to the fact that
someone claimed to have a better (c) If it be for the sale of real or personal property, to sell such property,
interest. describing it, and apply the proceeds in conformity with the judgment, the material
- Purchaser (who is not the obligee) will parts of which shall be recited in the writ of execution;
file a motion for revival of judgment in
his name. (d) If it be for the delivery of the possession of real or personal property, to
deliver the possession of the same, describing it, to the party entitled thereto, and
OCA v Corpuz - the court cannot direct the issuance of a writ of exec. motu propio. to satisfy any costs, damages, rents, or profits covered by the judgment out of the
Sec. 8 Rule 70 (Ejectment) provides that although judgment is immediately personal property of the person against whom it was rendered, and if sufficient
executory, judgment may be stayed by perfecting an appeal. personal property cannot be found, then out of the real property; and

(e) In all cases, the writ of execution shall specifically state the amount of
the interest, costs, damages, rents, or profits due as of the date of the issuance of
SEC. 7. Execution in case of death of party.—In case of the death of a party, the writ, aside from the principal obligation under the judgment. For this purpose,
execution may issue or be enforced in the following manner: the motion for execution shall specify the amounts of the foregoing reliefs sought by
(a) In case of the death of the judgment obligee, upon the application of his the movant. (8a)
executor or administrator, or successor in interest.

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-Appeal is the remedy for an order denying the issuance of a writ of execution
-An order GRANTING issuance of a writ of execution of a final judgment is not
appealable under R41; remedy is to file an appropriate special civil action under R65
Provisions on How to Execute Judgments (Sec9-11):
SEC. 9. Execution of judgments for money, how enforced—
(a) Immediate payment on demand.—The officer shall enforce an
execution of a judgment for money by demanding from the judgment obligor the
immediate payment of the full amount stated in the writ of execution and all lawful
fees. The judgment. obligor shall pay in cash, certified bank check payable to the
judgment obligee, or any other form of payment acceptable to the latter, the
amount of the judgment debt under proper receipt directly to the judgment obligee
or his authorized representative if present at the time of payment. The lawful fees
shall be handed under proper receipt to the executing sheriff who shall turn over the
said amount within the same day to the clerk of court of the court that issued the
writ.
If the judgment obligee or his authorized representative is not present to
receive payment, the judgment obligor shall deliver the aforesaid payment to the
executing sheriff. The latter shall turn over all the amounts coming into his
possession within the same day to the clerk of court of the court that issued the
writ, or if the same is not practicable, deposit said amounts to a fiduciary account in
the nearest government depository bank of the. Regional Trial Court of the locality.
The clerk of said court shall thereafter arrange for the remittance of the
deposit to the account of the court that issued the writ whose clerk of court shall
then deliver said payment to the judgment obligee in satisfaction of the judgment.
The excess, if any, shall be delivered to the judgment obligor while the lawful fees
shall be retained by the clerk of court for disposition as provided by law. In no case
shall the executing sheriff demand that any payment by check be made payable to
him.
(b) Satisfaction by levy.—If the judgment obligor cannot pay all or part
of the obligation in cash, certified bank check or other mode of payment acceptable
to the judgment obligee, the officer shall levy upon the properties of the judgment
obligor of every kind and nature whatsoever which may be disposed of for value and
not otherwise exempt from execution giving the latter the option to immediately
choose which property or part thereof may be levied upon, sufficient to satisfy the
judgment. If the judgment obligor does not exercise the option, the officer shall first
levy on the personal properties, if any, and then on the real properties if the
personal properties are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal or real property of
the judgment obligor which has been levied upon.
When there is more property of the judgment obligor than is sufficient to
satisfy the judgment and lawful fees, he must sell only so much of the personal or
real property as is sufficient to satisfy the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and other personal property, or
any interest in either real or personal property, may be levied upon in like manner
and with like effect as under a writ of attachment.
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(c) Garnishment of debts and credits.—The officer may levy on debts
due the judgment obligor and other credits, including bank deposits, financial
interests, royalties, commissions and other personal property not capable of manual
delivery in the possession or control of third parties. Levy shall be made by serving
notice upon the person owing such debts or having in his possession or control such
credits to which the judgment obligor is entitled. The garnishment shall cover only
such amount as will satisfy the judgment and all lawful fees.
The garnishee shall make a written report to the court within five (5) days
from service of the notice of garnishment stating whether or n6t the judgment
obligor has sufficient funds or credits to satisfy the amount of the judgment. If not,
the report shall state how much funds or credits the garnishee holds for the
judgment obligor. The garnished amount in cash, or certified bank check issued in
the name of the judgment obligee, shall be delivered directly to the judgment
obligee within ten (10) working days from service of notice on said garnishee
requiring such delivery, except the lawful fees which shall be paid directly to the
court.
In the event there are two or more garnishees holding deposits or credits
sufficient to satisfy the judgment, the judgment obligor, if available, shall have the
right to indicate the garnishee or garnishees who shall be required to deliver the
amount due; otherwise, the choice shall be made by the judgment obligee.
The executing sheriff shall observe the same procedure under paragraph (a)
with respect to delivery of payment to the judgment obligee. (8a, 15a)
If award is for payment of money:
¬immediate payment on demand
¬satisfaction by levy (personal/real)
¬garnishment of debts and credits
1. PAYMENT OF MONEY: Judgment obligor shall have to pay in cash or certified bank
check payable to the judgment obligee or any other form of payment acceptable to
the obligee.
- Payment should be made to the judgment obligee, or in the absence of the
judgment obligee, to his representative, in the event of the absence of both,
payment shall be delivered to the sheriff, who will in turn deliver it to the Clerk of
Court who will deposit the amount to the bank account of the court.
Q: Is it possible to pay in postdated check, promissory note? NO.
Q: If, despite the availability of funds, the judgment obligor refuses to pay, could he
be placed in contempt?
NO. For sums of money, there could be no contempt because there are other
options available under the law (i.e. levy or garnishment)
2. LEVY: act by which an officer sets apart or appropriates a part of the whole
property of the judgment debtor for purposes of the execution sale
-sheriff can validly levy any property of the judgment obligor which may be
disposed of for value but not exempt from execution
-judgment obligor has the option to choose which property to levy upon
-If he does NOT exercise the option, the officer shall first levy on personal
properties, then real properties if personal properties are insufficient to
answer for judgment
Real Property: Levied by filing with the RoD a copy of the order together
with the decription of the prop. and a notice that it is attached.
 Personal Property: If capable of manual delivery, by taking and safely
keeping it in the custody of the Sheriff, who will issue the corresponding
receipt.
- There should always be a public auction sale, the judgment obligee cannot
just appropriate the property unto himself (constitute pactum
commissorium).
3. GARNISHMENT: act of appropriation by the court when property of debtor is in
the hands of a 3rd person
-Sheriff may levy on debts due the judgment obligor and other credits,
including bank deposits, financial interests, royalties, commissions and other
personal property not capable of manual delivery in the possession/control of
3rd parties
- Most commonly garnished are bank deposits. The court will issue an Order
of Garnishment to the bank.
- The garnishee/3rd person who is in the possession of the prop. of the
judgment debtor is deemed a Forced Intervenor.
-The bank will NOT disclose amount, but shall merely inform the court [by
written report within 5d from service of notice] if the amount in the account
is sufficient for garnishment.
- If sufficient, the court will order the release of the amount to the court.
-Obligor may withdraw amount not garnished.
Attachment Garnishment
- Refers to corporeal property in the - Refers to money, stocks, credits and
possession of the judgment debtor other incorporeal property which belong
to the judgment debtor, but is in the
possession or control of a 3rd person.
PAL v CA – in money claims, unless there is a previous demand for payment, you
cannot levy on real or personal property.
SEC. 10. Execution of judgments for specific act.—
(a) Conveyance, delivery of deeds, or other specific acts; vesting
title.— If a judgment directs a party to execute a conveyance of land or personal
property, or to deliver deeds or other documents, or to perform any other specific
act in connection therewith, and the party fails to comply within the time specified,
the court may direct the act to be done at the cost of the disobedient party by some
other person appointed by the court and the act when so done shall have like effect
as if done by the party. If real or personal property is situated within the Philippines,
the court in lieu of directing a conveyance thereof may by an order divest the title of
any party and vest it in others, which shall have the force and effect of a
conveyance executed in due form of law. (10a)
(b) Sale of real or personal property.—If the judgment be for the sale
of real or personal property, to sell such property, describing it, and apply the
proceeds in conformity with the judgment. (8[c]a)
(c) Delivery or restitution of real property.—The officer shall demand of
the person against whom the judgment for the delivery or restitution of real
property is rendered and all persons claiming rights under him to peaceably vacate
the property within three (3) working days, and restore possession thereof to the
judgment obligee; otherwise, the officer shall oust all such persons therefrom with
the assistance, if necessary, of appropriate peace officers, and employing such
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means as may be reasonably necessary to retake possession, and place the
judgment obligee in possession of such property. Any costs, damages, rents or
profits awarded by the judgment shall be satisfied in the same manner as a
judgment for money. (13a)
(d) Removal of improvements on property subject of execution.—When
the property subject of the execution contains improvements constructed or planted
by the judgment obligor or his agent, the officer shall not destroy, demolish or
remove said improvements except upon special order of the court, issued upon
motion of the judgment obligee after due hearing and after the former has failed to
remove the same within a reasonable time fixed by the court. (14a)
(e) Delivery of personal property.—In judgments for the delivery of
personal property, the officer shall take possession of the same and forthwith deliver
it to the party entitled thereto and satisfy any judgment for money as therein
provided. (8a)
1. Conveyance, delivery of deeds or other specific acts, vesting title
If obligor refuses to act, the court can require someone else to perform, or
if no one can perform, the court can consider it as performed.
2. Sale of real or personal property
3. Delivery or restitution of real property
4. Removal of improvements on property subject of execution
5. Delivery of personal property:
A. If party refuses to vacate property:
- Sheriff must oust party; contempt NOT a remedy
B. If party refuses to deliver
-Writ of execution directing sheriff to cause defendant to vacate (habere
facis possessionem) and authorizes sheriff to break open premises where
there is no occupant
C. When party refuses to comply
-Court can appoint some other person at the expense of disobedient party
and act done shall have same effect as if required party performed it
Q: Is a writ of execution sufficient to demolish inprovements over the premises that
the court ordered that you are entitled to?
NO. A demolition order is always based upon a special order of the court issued only
after notice and hearing.
GEN. RULE: Judgment debtor cannot be cited in contempt of court
EXCEPT:
1. Refusal to perform particular act or special judgments under Sec11
2. Provisional remedy of support pendente lite under Rule61, judgment
debtor may still be cited for contempt even if decision not a special
judgment and requires latter to pay money
SEC. 11. Execution of special judgments.—When a judgment requires the
performance of any act other than those mentioned in the two preceding sections, a
certified copy of the judgment shall be attached to the writ of execution and shall be
served by the officer upon the party against whom the same is rendered, or upon
any other person required thereby, or by law, to obey the same, and such party or
person may be punished for contempt if he disobeys such judgment. (9a)
SPECIAL JUDGMENT: can only be complied with by judgment obligor because of
his personal qualifications or circumstances.
-Judgment requires performance of any act other than judgment for money and
judgments for specific act, a certified copy of judgment shall be attached to writ
-Writ of execution shall be served upon the party required to obey the same and
such party may be punished for contempt
SEC. 12. Effect of levy on execution as to third persons.—The levy on execution
shall create a lien in favor of the judgment obligee over the right, title and interest
of the judgment obligor in such property at the time of the levy, subject to liens and
encumbrances then existing. (16a)
-Levy on execution creates a lien in favour of judgment oblige over the right, title
and interest of the judgment obligor in such property at the time of levy, subject to
liens and encumbrances then existing
A property was attached in 1987, but the same property was the subject of another
case involving the owner, and the property was thereafter subjected to a public sale,
and there was a purchaser. Due to the owners failure to redeem, the property was
consolidated in the name of the buyer.
Q: Will the attachment be removed?
NO. The attachment will be carried on in the new title. Because it has preference in
time.
SEC. 13. Property exempt from execution.—Except as otherwise expressly provided
by law, the following property, and no other, shall be exempt from execution:
(a) The judgment obligor’s family home as provided by law, or the
homestead in which he resides, and land necessarily used in connection therewith;
(b) Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
(c) Three horses, or three cows, or three carabaos, or other beasts of
burden, such as the judgment obligor may select necessarily used by him in his
ordinary occupation;
(d) His necessary clothing and articles for ordinary personal use, excluding
jewelry;
(e) Household furniture and utensils necessary for house-keeping, and used
for that purpose by the judgment obligor and his family, such as the judgment
obligor may select, of a value not exceeding one hundred thousand pesos;
(f) Provisions for individual or family use sufficient for four months;
(g) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding three hundred thousand pesos in value;
(h) One fishing boat and accessories not exceeding the total value of one
hundred thousand pesos owned by a fisherman and by the lawful use of which he
earns his livelihood;
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(i) So much of the salaries, wages, or earnings of the judgment obligor for his
personal services within the four months preceding the levy as are necessary for the
support of his family
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance;
(1) The right to receive legal support, or money or property obtained as such
support, or any pension or gratuity from the Government
(m) Properties specially exempted by law.
But no article or species of property mentioned in this section shall be exempt from
execution issued upon a judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon. (12a)
The following property shall be exempt from execution:
1. Judgment obligor’s family home or homestead in which he resides and land
in connection therewith
2. Ordinary tools and implements personally used by him in his trade,
employment/livelihood
3. 3 horses/ 3 cow/ 3 carabaos/ other beasts of burden; judgment obligor
may select
4. Necessary clothing and articles for ordinary personal use, excluding
jewelry
5. Household furniture and utensils necessary for housekeeping and those
used by his family; value < 100K
6. Provisions for individual/family use sufficient for 4mos
7. professional libraries and equipment; value < 300K
8. 1 fishing boat and accessories; value < 100K
9. Salaries, wages or earnings for his personal services within 4mos
preceding levy as are necessary for support of family
10. Lettered gravestones
11. Monies, benefits, privileges or annuities accruing or in any manner growing
out of any life insurance
12. Right to receive legal support or any pension/gratuity from government
13. Properties specially exempted by law
-No property mentioned above shall be exempt from execution issued upon a
judgment recovered for its price/upon a judgment of foreclosure of mortgage.
- If any of the abovementioned exempt items had been what was mortgaged/used
as security, then it cannot be exempt from execution, and can even be the subject
of a foreclosure sale.
SEC. 14. Return of writ of execution.—The writ of execution shall be returnable to
the court issuing it immediately after the. judgment has been satisfied in part or in
full. If the judgment cannot be satisfied in full within thirty (30) days after his
receipt of the writ, the officer shall report to the court and state the reason therefor.
Such writ shall continue in effect during the period within which the judgment may
be enforced by motion. The officer shall make a report to the court every thirty (30)
days on the proceedings taken thereon until the judgment is satisfied in full, or its
effectivity expires. The returns or periodic reports shall set forth the whole of the
proceedings taken, and shall be filed with the court and copies thereof promptly
furnished the parties. (11a)
-Lifetime of writ corresponds to period within w/c judgment may be enforced by
motion-within 5yr from entry thereof
Q: who has the duty to make reports after execution?
It is the duty of the sheriff to make a report in intervals of 30d after the issuance of
the writ, along with an inventory of the return.
Patawaran v Nepumoceno (Feb. 2007)
The submission of a return of the decision and periodic reports is not an
empty requirement. It serves as an update to the court as to the status of
execution, and to give an idea as to why the judgment was not satisfied.
Section 14 Rule 39 of the rules expressly mandate the manner in which a
writ of exec. is to be returned to the court, as well as the requisite report
to be made by the sheriff or officer in any case, every 30d until full
satisfaction of judgment.
Cagayan de Oro Coliseum v CA (1999)
A lawful levy on execution is indispensible to a valid sale on execution. So
there should have first been a levy in the registry of deeds where the
property was located. “Since this order was not filed with the RoD, prior to
the execution sale,m it follows that the levy was not executed, and the
execution sale proceeded without a levy.”
Levy (dependent upon the nature of the prop. Real Prop- RoD, Personal
Prop- with the obligor himself, Shares of Stock- with the proper corporate
officer).
An auction sale, unless proceeded with a levy, is void. And the purchaser,
even if he pays, acquires no title to the property sold. Without the proper
levy, the property will not be placed under the authority of the court. The
court will not have jurisdiction over subject the property, hence, would not
have been able to
transmit title as to the time of the sale.
Bajet v Baclig (2002) Lifetime of the Writ
The life of a writ is 5y, during that period that the writ could be enforced
by motion.
SEC. 15. Notice of sale of property on execution.—Before the sale of property on
execution, notice thereof must be given as follows:
(a) In case of perishable property, by posting written notice of the time
and place of the sale in three (3) public places, preferably in conspicuous areas of
the municipal or city hall, post office and public market in the municipality or city
where the sale is to take place, for such time as may be reasonable, considering the
character and condition of the property;
(b) In case of other personal property, by posting a similar notice in
the three (3) public places abovementioned for not less than five (5) days;
(c) In case of real property, by posting for twenty (20) days in
the three (3) public places abovementioned a similar notice particularly describing
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the property and stating where the property is to be sold, and if the assessed value
of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of
the notice once a week for two (2) consecutive weeks in one newspaper selected by
raffle, whether in English, Filipino, or any major regional language published, edited
and circulated or, in the absence thereof, having general circulation in the province
or city;
(d) In all cases, written notice of the sale shall be given to the
judgment obligor, at least three (3) days before the sale, except as provided in
paragraph (a) hereof where notice shall be given at any time before the sale, in the
same manner as personal service of pleadings and other papers as provided by
section 6 of Rule 13.
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 and not later than two o’clock in the
afternoon. The place of the sale may be agreed upon by the parties. In the absence
of such agreement, the sale of real property or personal property not 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 which issued the writ or which was designated by
the appellate court. In the case of personal property capable of manual delivery, the
sale shall be held in the place where the property is located. (18a)
Notice Requirement:
A. Perishable Property
To the PUBLIC- Posting written notice of time and place of sale in 3 public
conspicuous places, for such time as may be reasonable for considering
character and condition of property
To the JUDGMENT OBLIGOR- for as long as there is notice, it is sufficient.
B. Other Personal property
To the PUBLIC- Posting similar notice in 3 public conspicuous places for not more
than 5D
To the JUDGMENT OBLIGOR- should be given at least 3d before the date of sale.
C. Real property
To the PUBLIC- Posting for 20D in 3 public conspicuous places particularly
describing property and stating where it is to be sold. If the assessed value
exceeds 50K, publish copy of notice once a week for 2 consecutive weeks in 1
newspaper selected by raffle [if less than 50k. Notice in 3 conspicuous places will
suffice].
To the JUDGMENT OBLIGOR- should be given at least 3d before the date of sale.
SEC. 16. Proceedings where property claimed by third person.—If the property
levied on is claimed by any person other than the judgment obligor or his agent,
and such person makes an affidavit of his title thereto or right to the possession
thereof, stating the grounds of such right or title, and serves the same upon the
officer making the levy and a copy thereof upon the judgment obligee, the officer
shall not be bound to keep the property, unless such judgment obligee, on demand
of the officer, files a bond approved by the court to indemnify the third-party
claimant in a sum not less than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by the court issuing
the writ of execution. No claim for damages for the taking or keeping of the property
may be enforced against the bond unless the action therefor is filed within one
hundred twenty (120) days from the date of the filing of the bond.
The officer shall not be liable for damages for the taking or keeping of the property,
to any third-party claimant if such bond is filed. Nothing herein contained shall
prevent such claimant or any third person from vindicating his claim to the property
in a separate action, or prevent the judgment obligee from claiming damages in the
same or a separate action against a third-party claimant who filed a frivolous or
plainly spurious claim.
When the writ of execution is issued in favor of the Republic of the Philippines, or
any officer duly representing it, the filing of such bond shall not be required, and in
case the sheriff or levying officer is sued for damages as a result of the levy, he
shall be represented by the Solicitor General and if held liable therefor, the actual
damages adjudged by the court shall be paid by the National Treasurer out of such
funds as may be appropriated for the purpose. (17a)
Third Party Claim: if one of the properties subject of an execution is claimed by
someone else not a party to the case, that 3rd party claimant will serve an affidavit
to the sheriff (copy furnished to judgment obligee).
- Execution will be suspended. Execution will be allowed to continue only if the
judgment obligee posts a bond in favor of the 3rd party claimant.
- The judgment Obligee may claim damages in the same or in a separate action.
Ching case- Ching was an officer of the Corporation, who made a personal surety
over the loan of his companies. Upon failure to pay, the bank proceeded against him
and his property was executed on.
- Wife, believing she is a 3rd party claimant, filed a separate action, as a stranger to
the loan transaction.
- If the prperty was conjugal, she has to vindicate her right in the same action.
- But if it is exclusive property of one spouse, he or she is a stranger to the action,
therefore to vindicate one’s right, one would have to pursue it in a separate action.
Remedies of 3rd party claimant:
1. summary hearing before the court which authorized execution
2. terceria/3rd party claim filed with the sheriff
3. Action for damages on bond posted by judgment creditors
4. Independent reivindicatory action
-Remedies are cumulative; may be resorted to independently or separately from
others
SEC. 17. Penalty for selling without notice, or removing or defacing notice.—An
officer selling without the notice prescribed by section 15 of this Rule shall be liable
to pay punitive damages in the amount of five thousand (P5,000.00) pesos to any
person injured thereby, in addition to his actual damages, both to be recovered by
motion in the same action; and a person willfully removing or defacing the notice
posted, if done before the sale, or before the satisfaction of the judgment if it be
satisfied before the sale, shall be liable to pay five thousand (P5,000.00) pesos to
any person injured by reason thereof, in addition to his actual damages, to be
recovered by motion in the same action. (19a)
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Following are liable for the actual and punitive damages:
1. officer selling WITHOUT notice prescribed by Sec15
2. Person wilfully removing or defacing the notice posted, if done before the
sale or before the satisfaction of judgment if satisfied before the sale
SEC. 18. No sale if judgment and costs paid.—At any time before the sale of
property on execution, the judgment obligor may prevent the sale by paying the
amount required by the execution and the costs that have been incurred therein.
(20a)
-Any time before the sale of property on execution, judgment obligor may prevent
sale by paying amount required by execution and costs that have been incurred
therein
SEC. 19. How property sold on execution; who may direct manner and order of
sale.—All sales of property under execution must be made at public auction, to the
highest bidder, to start at the exact time fixed in the notice. After sufficient property
has been sold to satisfy the execution, no more shall be sold and any excess
property or proceeds of the sale shall be promptly delivered to the judgment obligor
or his authorized representative, unless otherwise directed by the judgment or order
of the court. When the sale is of real property, consisting of several known lots, they
must be sold separately; or, when a portion of such real property is claimed by a
third person, he may require it to be sold separately. When the sale is of personal
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 or parcels
which can be sold to advantage separately. Neither the officer conducting the
execution sale, nor his deputies, can become a purchaser, nor be interested directly
or indirectly in any purchase at such sale. (21a)
All sales of property under execution must be made:
-at public auction
-highest bidder
-start at the exact time fixe in notice
-After sufficient property has been sold to satisfy execution-> no more shall be sold!
-Excess-> promptly delivered to judgment obligor or authorized rep, unless
otherwise directed by judgment or order of court
SEC. 20. Refusal of purchaser to pay.—If a purchaser refuses to pay the amount bid
by him for property struck off to him at a sale under execution, the officer may
again sell the property to the highest bidder and shall not be responsible for any
loss occasioned thereby; but the court may order the refusing purchaser to pay into
the court the amount of such loss, with costs, and may punish him for contempt if
he disobeys the order. The amount of such payment shall be: for the benefit of the
person entitled to the proceeds of the execution, unless the execution has been fully
satisfied, in which event such proceeds shall be for the benefit of the judgment
obligor. The officer may thereafter reject any subsequent bid of such purchaser who
refuses to pay. (22a)
-Officer may again sell property to highest bidder
-He shall not be responsible for any loss occasioned thereby
-Court may order refusing purchaser to pay to court amount of such loss, with costs
and may punish him for contempt if he disobeys order
SEC. 21. Judgment obligee as purchaser.—When the purchaser is the judgment
obligee, and no third-party claim has been filed, he need not pay the amount of the
bid if it does not exceed the amount of his judgment. If it does, he shall pay only
the excess. (23a)
-When purchaser is judgment obligee & no 3rd party claim has been filed-> he does
not need to pay amount of bid if it does NOT exceed (meaning is less than) the
amount awarded in the judgment.
-If there’s excess-> pay only excess
SEC. 22. Adjournment of sale.—By written consent of the judgment obligor and
obligee, or their duly authorized representatives, the officer may adjourn the sale to
any date and time agreed upon by them. Without such agreement, he may adjourn
the sale from day to day if it becomes necessary to do so for lack of time to
complete the sale on the day fixed in the notice or the day to which it was
adjourned. (24a)
-WITH written consent of judgment obligor & obligee-> to any date and time agreed
upon
-WITHOUT agreement: from day to day if it becomes necessary to do so for lack of
time
SEC. 23. Conveyance to purchaser of personal property capable of manual
delivery.—When the purchaser of any personal property, capable of manual delivery,
pays the purchase price, the officer making the sale must deliver the property to the
purchaser and, if desired, execute and deliver to him a certificate of sale. The sale
conveys to the purchaser all the rights which the judgment obligor had in such
property as of the date of the levy on execution or preliminary attachment. (25a)
-When purchaser pays purchase price-> personal property capable of manual
delivery-> must be delivered to him & execute and deliver to him a certificate of
sale (if he desires)
Q: Do you need a Cert. of Sale for Personal Prop. Capable of Manual Delivery?
NO. Certificate will only be issued upon request by the purchaser.
SEC. 24. Conveyance to purchaser of personal property not capable of manual
delivery.—When the purchaser of any personal property, not capable of manual
delivery, pays the purchase price, the officer making the sale must execute and
deliver to the purchaser a certificate of sale. Such certificate conveys to the
purchaser all the rights which the judgment obligor had in such property as of the
date of the levy on execution or preliminary attachment. (26a)
-Officer must execute and deliver to purchaser a certificate of sale.
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SEC. 25. Conveyance of real property; certificate thereof given to purchaser and
filed with registry of deeds.—Upon a sale of real property, the officer must give to
the purchaser a certificate of sale containing:
a) A particular description of the real property sold;
(b) The price paid for each distinct lot or parcel;
(c) The whole price paid by him;
(d) A statement that the right of redemption expires one (1) year from the
date of the registration of the certificate of sale.
Such certificate must be registered in the registry of deeds of the place
where the property is situated. (27a)
CONTENTS of certificate of sale:
1. particular description of real property sold
2. price paid for each distinct lot or parcel
3. whole price paid by him
4. statement that right of redemption expires 1yr from date of registration of
certificate of sale
-Confirmation of sale not needed.
SEC. 26. Certificate of sale where property claimed by third person.—When a
property sold by virtue of a writ of execution has been claimed by a third person,
the certificate of sale to be issued by the sheriff pursuant to sections 23, 24 and 25
of this Rule shall make express mention of the existence of such third-party claim.
(28a)
-Certificate of sale to be issued shall make express mention of existence of such 3rd
party claim.
SEC. 27. Who may redeem real property so sold.—Real property sold as provided in
the last preceding section, or any part thereof sold separately, may be redeemed in
the manner hereinafter provided, by the following persons:
(a) The judgment obligor, or his successor in interest in the whole or any
part of the property;
(b) A creditor having a lien by virtue of an attachment, judgment or
mortgage on the property sold, or on some part thereof, subsequent to the lien
under which the property was sold. Such redeeming creditor is termed a
redemptioner. (29a)
Right of redemption
-PERSONAL property: NO right of redemption; sale is absolute!
-REAL property: there is right of redemption
WHO may redeem:
-Judgment OBLIGOR, or his successor-in-interest in the whole or any part of
property
-Redemptioner who is a CREDITOR, having a lien by virtue of an attachment,
judgment or mortgage on the property sold, subsequent to the lien under which
 property was sold; (if his lien is prior to judgment, he is not a redemptioner
because his interests in his lien are fully protected)
SEC. 28. Time and manner of and amounts payable on, successive redemptions;
notice to be given and filed.—The judgment obligor, or redemptioner, may redeem
the property from the purchaser, at any time within one (1) year from the date of
the registration of the certificate of sale, by paying the purchaser the amount of his
purchase, with one per centum per month interest thereon in addition, up to the
time of redemption, together with the amount of any assessments or taxes which
the 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 that of the redemptioner, other than the judgment under which such
purchase was made, the amount of such’ other lien, with interest.
Property so redeemed may again be redeemed within sixty (60) days after the last
redemption upon payment of the sum paid on the last redemption, with two per
centum thereon in addition, and the amount of any assessments or taxes which the
last redemptioner may have paid thereon after redemption by him, with interest on
such last-named amount, and in addition, the amount of any liens held by said last
redemptioner prior to his own, with interest. The property may be again, and as
often as a redemptioner is so disposed, redeemed from any previous redemptioner
within sixty (60) days after the last redemption, on paying the sum paid on the last
previous redemption, with two per centum thereon in addition, and the amounts of
any assessments or taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount of any liens’ held by the
last redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer 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 redemptioner or if he has or acquires any lien other than
that upon which the redemption was made, notice thereof must in like manner be
given to the officer and filed with the registry of deeds; if such notice be not filed,
the property may be redeemed without paying such assessments, taxes, or liens.
(30a)
(applies only to Execution Sale)
WHEN redemption can be made:
by judgment OBLIGOR: (he will have possession over the prop. during the period of
redemption) within 1yr from date of registration of certificate of sale.
by REDEMPTIONEERS: within 1yr from date of registration of sale if he is first
redemptioner or within 60D from last redemption if he is a subsequent redemptioner
provided that judgment debtor has not exercised right of redemption
-Judgment obligor shall have entire period of 1yr from date of registration of sale to
redeem property
The moment the judgment obligor redeems-> there will be no further redemption
allowed and he is restored to his estate
-Period of redemption NOT suspended by action to annul foreclosure sale
-Periods for redemption NOT extendible BUT parties may agree on a longer period
(conventional redemption)
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Redemption PRICE
1. By judgment OBLIGOR
-Purchase price
-1% interest thereon up to time of redemption
-Amount of assessments or taxes w/c purchaser may have paid thereon
after purchase and interest on such last named amount at same rate
-If purchases is also a creditor having a prior lien to that of redemptioner,
other than judgment under which such purchase was made, amount of
such other lien, with interest
2. By REDEMPTIONER
-Amount paid on last redemption
-2% interest thereon
-Amount of assessments or taxes w/c last redemptioner may have paid
thereon after redemption by him w/ interest on such last-named amount
-Amount of any liens held by last redemptioner prior to his own, with
interest
-Redemption price for subsequent redemption shall be the same
-Can the redemption be paid in forms other than cash? YES! allowing redemption
and it has been allowed in case of cashier’s check, certified bank checks and checks
-Offer to redeem must be accompanied w/ bona fide tender or delivery of
redemption price
-Formal offer to redeem with a tender NOT necessary where right to redeem is
exercised thru filing of complaint to redeem in courts within period to redeem
SEC. 29. Effect of redemption by judgment obligor, and a certificate to be delivered
and recorded thereupon; to whom payments on redemption made.—If the judgment
obligor redeems, he must make the same payments as are required to effect a
redemption by a redemptioner, whereupon, no further redemption shall, be allowed
and he is restored to his estate. The person to whom the redemption payment is
made must execute and deliver to him a certificate of redemption acknowledged
before a notary public or other officer authorized to take acknowledgments of
conveyances of real property. Such certificate must be filed and recorded in the
registry of deeds of the place in which the property is situated, and the registrar of
deeds must note the record thereof on the margin of the record of the certificate of
sale. The payments mentioned in this and the last preceding sections may be made
to the purchaser or redemptioner, or for him to the officer who made the sale (13a)
-Redemption of property sold under foreclosure sale by judgment mortgagor
eliminates from his title thereto the lien created by levy on attachment or
registration of mortgage thereon
SEC. 30. Proof required of redemptioner.—A redemptioner must produce to the
officer, or person from whom he seeks to redeem, and serve with his notice to the
officer a copy of the judgment or final order under which he claims the right to
redeem, certified by the clerk of the court wherein the judgment or final order is
entered; or, if he redeems upon a mortgage or other lien, a memorandum of the
record thereof, certified by the registrar of deeds; or an original or certified copy of
any assignment necessary to establish his claim; and an affidavit executed by him
or his agent, showing the amount then actually due on the lien. (32a)
-Redemptioner must produce to officer/person from whom he seeks to redeem and
serve with his notice to officer:
-Copy of judgment or final order certified by clerk of court wherein
judgment/final order is entered OR
-If he redeems upon mortgage or other lien-> memorandum of record certified
by RD OR
-Original certified copy of any assignment necessary to establish his claim OR
-Affidavit executed by him/agent showing amount then actually due on lien
SEC. 31. Manner of using premises pending redemption; waste restrained.—Until
the expiration of the time allowed for redemption, the court may, as in other proper
cases, restrain the commission of waste on the property by injunction, on the
application of the purchaser or the judgment 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 possession afterwards, during the period allowed for redemption, to
continue to use it in the same manner in which it was previously used; or to use it in
the ordinary course of husbandry; or to make the necessary repairs to buildings
thereon while he occupies the property. (33a)
-Court in proper cases may restrain commission of waste on property by:
¬injunction: application of purchaser or judgment obligee with or without notice
-But it is NOT waste for person in possession of property at time of sale or entitled
to possession afterwards-> during period allowed for redemption to continue to use
in same manner in which it was previously used OR
-Use in ordinary course of husbandry OR
-Make necessary repairs to buildings thereon while he occupies property
SEC. 32. Rents, earnings and income of property pending redemption.—The
purchaser or a redemptioner shall not be entitled to receive the rents, earnings and
income of the property sold on execution, or the value of the use and occupation
thereof when such property is in the possession of a tenant. All rents, earnings and
income derived from the property pending redemption shall belong to the judgment
obligor until the expiration of his period of redemption. (34a)
RIGHTS of judgment DEBTOR:
1. Remain in possession of property
2. Cannot be ejected
3. Use property in same manner it was previously used
4. Make necessary repairs to buildings thereon while he occupies property
5. Use it in ordinary course of husbandry
6. Collects rents, earnings and income derived from property until expiration
of period of redemption
Q: Who will be entitled to the fruits and the rent earned by the property during the
redemption period?
The possessor, which is the judgment OBLIGOR.
SEC. 33. Deed and possession to be given at expiration of redemption period; by
whom executed or given.—If no redemption be made within one (1) year from the
date of the registration of the certificate of sale, the purchaser is entitled to a
conveyance and possession of the property; or, if so redeemed whenever sixty (60)
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days have elapsed and no other redemption has been made, and notice thereof
given, and the time for redemption has expired, the last redemptioner is entitled to
the conveyance and possession; but in all cases the judgment obligor shall have the
entire period of one (1) year from the date of the registration of the sale to redeem
the property. The deed shall be executed by the officer making the sale or by his
successor in office, and in the latter case shall have the same validity as though the
officer making the sale had continued in office and executed it.
Under the expiration of the right of redemption, the purchaser or redemptioner shall
be substituted to and acquire all the rights, title, interest and claim of the judgment
obligor to the property as of the time of the levy. The possession of the property
shall be given to the purchaser or last redemptioner by the same officer unless a
third party is actually holding the property adversely to the judgment obligor. (35a)
Purchaser-> entitled to conveyance and possession of property if NO redemption
w/in 1yr from date of registration of certificate of sale or last redemptioner
whenever 60D have elapsed and no other redemption made.
-He is substituted to and acquires all rights, title, interest and claim of judgment
obligor to property at time of levy
Deed of conveyance-> operates to transfer to purchaser whatever rights judgment
debtor had in property
Certificate of sale after execution-> merely a memorial of fact of sale and does NOT
operate as conveyance
-Purchaser-> acquires NO better right than what judgment debtor had in
property levied upon
-3rd person in possession-> court orders hearing and determine nature of
adverse possession
SEC. 34. Recovery of price if sale not effective; revival of judgment.—If the
purchaser of real property sold on execution, or his successor in interest, fails to
recover the possession thereof, or is evicted therefrom, in consequence of
irregularities in the proceedings concerning the sale, or because the judgment has
been reserved or set aside, or because the property sold was exempt from
execution, or because a third person has vindicated his claim, to the property, he
may on motion in the same action or in a separate action recover from the
judgment obligee the price paid, with interest, or so much thereof as has not been
delivered to the judgment obligor; or he may, on motion, have the original
judgment revived in his name for the whole price with interest, or so much thereof
as has been delivered to the judgment obligor. The judgment so revived shall have
the same force and effect as an original judgment would have as of the date of the
revival and no more. (36a)
Purchaser may recover purchase price when:
-Purchaser or his successor-in-interest fails to recover possession of property or
-Evicted due to:
¬Irregularities in proceedings concerning the sale
¬Judgment has been reversed or set aside
¬Property sold was exempt from execution
¬3rd person has vindicated claim to property
When sale as NOT effective under circumstances in this section, purchaser may:
-Bring an action against judgment creditor (in the same or in a separate action)
-File a motion for revival of judgment in his name against judgment debtor
-Bring an action to recover possession of property
Remedies of Judgment Creditor in Aid of Execution (Sec. 35-43):
SEC. 35. Right to contribution or reimbursement.—When property liable to an
execution against several persons is sold thereon, and more than a due proportion
of the judgment is satisfied out of the proceeds of the sale of the property of one of
them, or one of them pays, without a sale, more than his proportion, he may
compel a contribution from the others; and when a judgment is upon an obligation
of one of them, as security for another, and the surety pays the amount, or any part
thereof, either by sale of his property or before sale, he may compel repayment
from the principal. (37a)
-Contribution and reimbursement may be obtained in separate action UNLESS cross-
claims have been filed and adjudicated in same action, execution may issue to
compel contribution or reimbursement
SEC. 36. Examination of judgment obligor when judgment unsatisfied.—When the
return of a writ of execution issued against property of a judgment obligor, or any
one of several obligors in the same judgment, shows that the judgment remains
unsatisfied, in whole or in part, the judgment obligee, at any time after such return
is made, shall be entitled to an order from the court which rendered the said
judgment, requiring such judgment obligor to appear and be examined concerning
his property and income before such court or before a commissioner appointed by it,
at a specified time and place; and proceedings may thereupon be had for the
application of the property and income of the judgment obligor towards the
satisfactions of the judgment. But no judgment obligor shall be so required to
appear before a court or commissioner outside the province or city in which such
obligor resides or is found. (38a)
-If execution is returned unsatisfied, he may cause examination of judgment debtor
as to his property and income
SEC. 37. Examination of obligor of judgment obligor.— When the return of a writ of
execution against the property of a judgment obligor shows that the judgment
remains unsatisfied, in whole or in part, and upon proof to the satisfaction of the
court which issued the writ, that a person, corporation, or other juridical entity has
property of such judgment obligor or is indebted to him, the court may, by an order,
require such person, corporation, or other juridical entity, or any officer or member
thereof, to appear before the court or a commissioner appointed by it, at a time and
place within the province or city where such debtor resides or is found, and be
examined concerning the same. The service of the order shall bind all credits due
the judgment obligor and all money and property of the judgment obligor in the
possession or in the control of such person, corporation, or juridical entity from the
time of service; and the court may also require notice of such proceedings to be
given to any party to the action in such manner as it may deem proper. (39a)
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-He may cause examination of debtor of judgment debtor as to any debt owed by
him or to any property of judgment debtor in his possession
-If after examination, court finds property of judgment debtor, either in his own
hands or that of any person, court may order property applied to satisfaction of
judgment
SEC. 38. Enforcement of attendance and conduct of examination.—A party or other
person may be compelled, by an order or subpoena, to attend before the court or
commissioner to testify as provided in the two preceding sections, and upon failure
to obey such order or subpoena or to be sworn, or to answer as a witness or to
subscribe his deposition, may be punished for contempt as in other cases.
Examinations shall not be unduly prolonged, but the proceedings may be adjourned
from time to time, until they are completed. If the examination is before a
commissioner, he must take it in writing and certify it to the court. All examinations
and answers before a court or commissioner must be under oath, and when a
corporation or other juridical entity answers, it must be on the oath of an authorized
officer or agent thereof. (40a)
-Party or other person may be compelled by order/ subpoena to attend before
court/commissioner to testify as provided in Sec36 & 37
SEC. 39. Obligor may pay execution against obligee.—After a writ of execution
against property has been issued, a person indebted to the judgment obligor may
pay to the sheriff holding the writ of execution the amount of his debt or so much
thereof as may be necessary to satisfy the judgment, in the manner prescribed in
section 9 of this Rule and the sheriffs receipt shall be a sufficient discharge for the
amount so paid or directed to be credited by the judgment obligee on the execution.
(41a)
-After writ of execution against property has been issued-> person indebted to
judgment obligor may pay to sheriff holding writ the amount of his debt or amount
necessary to satisfy judgment (manner prescribed in Sec9 )
-Sheriff’s receipt shall be sufficient discharge for amount paid or directed to be
credited by judgment obligee on execution
SEC. 40. Order for application of property and income to satisfaction of judgment.—
The court may order any property of the judgment obligor, or money due him, not
exempt from execution, in the hands of either himself or another person, or of a
corporation or other juridical entity, to be applied to the satisfaction of the
judgment, subject to any prior rights over such property.
If, upon investigation of his current income and expenses, it appears that the
earnings of the judgment obligor for his personal services are more than necessary
for the support of his family, the court may order that he pay the judgment in fixed
monthly installments, and upon his failure to pay any such installment when due
without good excuse, may punish him for indirect contempt. (42a)
-If court finds earnings of judgment debtor are more than sufficient for family’s
needs, it may order payment in instalments
SEC. 41. Appointment of receiver.-The court may appoint a receiver of the property
of the judgment obligor; and it may also forbid a transfer or other disposition of, or
any interference with, the property of the judgment obligor not exempt from
execution. (43a)
-Court may appoint a receiver for property of judgment debtor not exempt from
execution/forbid transfer disposition/interference with such property.
-This is to ensure the preservation of the property.
SEC. 42. Sale of ascertainable interest of judgment obligor in real estate.—If it
appears that the judgment obligor has an interest in real estate in the place in which
proceedings are had, as mortgagor or mortgagee or otherwise, and his interest
therein can be ascertained without controversy, the receiver may be ordered to sell
and convey such real estate or the interest of the obligor therein; and such sale
shall be conducted in all respects in the same manner as is provided for the sale of
real estate upon execution, and the proceedings thereon shall be approved by the
court before the execution of the deed. (44a)
-If court finds judgment debtor has ascertainable interest in real property either as
mortgagor, mortgagee or otherwise his interest can be ascertained without
controversy, court may order sale of such interest through a public auction.
SEC. 43. Proceedings when indebtedness denied or another person claims the
property.—If it appears that a person or corporation, alleged to have property of the
judgment obligor or to be indebted to him, claims an interest in the property
adverse to him or denies the debt, the court may authorize, by an order made to
that effect, the judgment obligee to institute an action against such person or
corporation for the recovery of such interest or debt, forbid a transfer or other
disposition of such interest or debt within one hundred twenty (120) days from
notice of the order, and may punish disobedience of such order as for contempt.
Such order may be modified or vacated at any time by the court, which issued it, or
by the court in which the action is brought, upon such terms as may be just. (45a)
-If person alleged to have property of judgment debtor or be indebted to him,
claims an adverse interest in property or denies debt, court may authorize the
judgment-creditor to institute an action to recover property, forbid its transfer and
punish disobedience for contempt.
SATISFACTION OF JUDGMENT:
SEC. 44. Entry of satisfaction of judgment by clerk of court.—Satisfaction of a
judgment shall be entered by the clerk of court in the court docket, and in the
execution book, upon the return of a writ of execution showing the full satisfaction
of the judgment, or upon the filing of an admission to the satisfaction of the
judgment executed and acknowledged in the same manner as a conveyance of real
property by the judgment obligee or by his counsel unless a revocation of his
authority is filed, or upon the endorsement of such admission by the judgment
obligee or his counsel on the face of the record of the judgment. (46a)
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-Upon return of writ of execution showing full satisfaction of judgment OR upon
filing of admission to satisfaction of judgment executed & acknowledged in same
manner as conveyance of real property by judgment obligee or his counsel->
satisfaction entered by clerk of court in court docket.
-UNLESS revocation of authority is filed or upon endorsement of such admission by
judgment obligee or his counsel on face of record of judgment
SEC. 45. Entry of satisfaction with or without admission.—Whenever a judgment is
satisfied in fact, or otherwise than upon an execution, on demand of the judgment
obligor, the judgment obligee or his counsel must execute and acknowledge, or
indorse, an admission of the satisfaction as provided in the last preceding section,
and after notice and upon motion the court may order either the judgment obligee
or his counsel to do so, or may order the entry of satisfaction to be made without
such admission. (47a)
-When judgment satisfied in fact or otherwise than upon execution-> on demand of
judgment obligor-> judgment obligee or his counsel to do so, may order entry of
satisfaction to be made without such admission
WITH CONSENT;
1. Endorsement on the face of the record of the case, by the counsel or party.
2. Written acknowledgment of such satisfaction by the counsel or party.
WITHOUT CONSENT:
During times when the judgment obligee refuses to admit that the judgment has
been satisfied; even without his consent, if the court is convinced that the judgment
has been fully satisfied, the court has the power to enter an order stating the same.
SEC. 46. When principal bound by judgment against surety.—When a judgment is
rendered against a party who stands as surety for another, the latter is also bound
from the time that he has notice of the action or proceeding, and an opportunity at
the surety’s request to join in the defense. (48a)
-Principal is bound by same judgment from time he has notice of action/proceeding
and has been given an opportunity at surety’s request to join defense
SEC. 47. Effect of judgments or final orders .—The effect of a judgment or final
order rendered by a court of the Philippines, having jurisdiction to pronounce the
judgment or final order, may be as follows:
(a) In case of a judgment or final order against a specific thing, or in respect
to the probate of a will, or the administration of the estate of a deceased person, or
in respect to the personal, political, or legal condition or status of a particular person
or his relationship to another, the judgment or final order is conclusive upon the title
to the thing, the will or administration, or the condition, status or relationship of the
person; however, the probate of a will or granting of letters of administration shall
only be prima facie evidence of the death of the testator or intestate;
(b) In other cases, the judgment or final order is, with respect to the matter
directly adjudged or as to any other matter that could have been raised in relation
thereto, conclusive between the parties and their successors in interest by title 1. Revival of Judgment – meaning the cause of action is for revival of a
subsequent to the commencement of the action or special proceeding, litigating for dormant judgment.
the same thing and under the same title and in the same capacity; and 2. Annullment of Judgment- the cause of action is extrinsic fraud or lack of
jurisdiction.
(c) In any other litigation between the same parties of their successors in - The subject matter is the judgment itself.
interest, that only is deemed to have been adjudged in a former judgment or final
-Public policy principle: inalterability of final & executory judgment; decisions of
order which appears upon its face to have been so adjudged, or which was actually
court must be immutable at some definite period of time.
and necessarily included therein or necessary thereto. (49a)
Res Judicata Conclusiveness of judgment
-Refers to judgment w/c are considered as conclusive and may be rebutted directly Identity of parties, subject Identity of parties and subject
by means of relief from judgment or annulment of judgment/indirectly by offering matter and causes of action matter (diff. cause of action)
them in evidence under parole evidence rule. First judgment constitutes as First judgment conclusive only as
an absolute bar to all matters to matters directly adjudged and
Barretto v CA directly adjudged and those actually litigated in first action;
- the doctrine of res judicata has 2 aspects. First aspect is the effect of judgment as
that might have been second action can be prosecuted
a bar to the prosecution of a 2nd actioun upon the same claim. The second aspect
precludes a relitigation of a particular fact or issue in another action (preclusion of adjudged
issue). Effect of preclusion of claims Effect of preclusion only of issues

2 PARTS: Law of the Case – Refers to the legal conclusions announced on a first appeal,
-Res Judicata (par. A & B): bar by former judgment or direct estoppel by whether on the general law or the law as applied to the concrete facts; not only to
judgment prescribe the duty and limit the power of the court to strict conformity and
Requisites: obedience thereto, but they become and remain, the law of the case in all other
a. Judgment/final order steps, whether in the lower court or in the appellate court on a subsequent appeal.
b. Jurisdiction over subject matter and parties by court rendering it
c. Judgment upon merits SEC. 48. Effect of foreign judgments or final orders.—The effect of a judgment or
d. Between 2 cases: identity of parties, identity of subject matter and
final order of a tribunal of a foreign country, having jurisdiction to render the
identity of cause of action (2 actions are based on same delict/wrong
judgment or final order, is as follows:
committed by defendant even if remedies are different)
(a) In case of a judgment or final order upon a specific thing, the judgment
In Rem (par.A) In Personam (par.B)
or final order is conclusive upon the title of the thing; and
-Decision is conclusive upon Judgment or final order is
title of thing, will or conclusive between parties and (b) In case of a judgment or final order against a person, the judgment or
administration or condition, their successors in interest, final order is presumptive evidence of a right as between the parties and their
status or relationship of litigating for same thing and successors in interest by a subsequent title.
person (e.g. land registration under same title and in same
In either case, the judgment or final order may be repelled by evidence of a want of
cases), but it is only prima capacity (e.g. action
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or
facie as to the death of a party reinvindicatoria)
fact. (50a)
when it comes to probate of - The effect of the judgment is
the will/letters of admin [a will res judicata. -Public policy principle: judgment by court is enforceable only within its jurisdiction
can be probated even during EFFECT of foreign judgments:
the lifetime of the testator]. 1. In case of judgment against specific thing-> judgment is conclusive upon
title to thing
-Conclusiveness of judgment (par.C): estoppel by verdict or estoppels by record 2. In case of judgment against person-> judgment is presumptive evidence of
or collateral estoppel by judgment; issues actually & directly resolved in former right as between parties and their successors-in-interest by subsequent title
suit cannot again be raised in any future case between same parties involving
different cause of action; preclusion only of issues; parites in both actions may
be same but causes of action are different 2 ways of giving effect to a Foreign Judgment:
1. An Ordinary Action to enforce the foreign judgment may be filed in court.
NOTE: NO res judicata in: 2. It may be pleaded in an answer or a motion to dismiss.

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-In BOTH cases, judgment may be repelled by evidence of the following (GROUNDS)
: want of jurisdiction, want of notice, collusion, fraud or clear mistake of law or fact.
However, for purposes of filing fees, in the case of Mijares v Ranada, the Court did
not consider the enforcement of foreign judgment as not capable of pecuniary
estimation. It was held that it is not a judgment incapable of pecuniary estimation,
it is not even a judgment on the estate of the deceased; it is a judgment arising
from other than property, therefore the filing fee is also a fixed amount.
NOTE: a foreign arbitral award is NOT a foreign judgment; therefore you do not
enforce it, you instead apply for its recognition in the RTC.
Ordinary Action Enforcement of foreign judgment
Must have a cause of action. NO cause of action is needed.
There is a need to litigate and hear the NO need to relitigate, unless you can
parties on the cause of action. establish one of the aforementioned
grounds.
Jurisdiction is with the RTC because the
action is not capable of pecuniary
estimation.
OTHER RELATED JURISPRUDENCE FOR RULE 39:
David vs. Velasco
Before a writ if execution maybe issued, there must necessarily be a final
judgment or order that disposes of the action or proceeding
A writ issued w/o final judgment is manifestly void and of no legal effect.
Seizure of property under a void writ of execution amounts to deprivation of
property w/o due process of law
Jason vs. Ygana
In an ejectment case, the appellate court which affirms a decision brought
before it on appeal cannot decree its execution in the guise of an execution
of the affirming decision. The only exception to that is when said appellate
court grants an execution pending appeal
Reburiano vs. CA
GR: No appeal lies from an order denying a motion to quash writ of execution
Exceptions:
1. the writ of execution varies the judgment
2. there has been a change in situation of the parties making execution
inequitable or unjust
3. execution is sought to be enforced against property exempt from execution
4. it appears that the controversy has never been submitted to the judgment
of the court
5. the terms of the judgment are not clear enough and there remains room
for interpretation thereof
6. it appears that the writ of execution has been improvidently issued, or
that it is defective in substance, or is issued against the wrong party, or
that the judgment debt had been paid or otherwise satisfied, or the writ
was issued w/o authority
While parties are given a remedy from a denial of motion to quash or recall writ
of execution, it is equally settled that the writ will not be recalled by reason of
any defense which could have been made at the time of the trial of the case
Pacific Mills, Inc. vs. Padolina
Once a judgment becomes final and executory, said judgment can no longer be
distributed, altered or modified
Heirs of Dialda vs. CA
Judgments which are subject of a condition precedent are not final until the
condition is performed. A judgment must be definite – the decision itself must
decide with finality the rights of the parties upon the issue submitted, by
specifically denying or granting the remedy sought by the action
Just because the means provided for by the trial court has been rendered
allegedly impossible to accomplish due to the loss of the books & records does
not mean that the judgment itself is null and void for being conditional
Corona International, Inc. vs. CA
A primary consideration for allowing execution pending appeal would be the
existence of good reasons which consist of compelling circumstances justifying
the immediate execution lest judgment becomes illusory
Execution pending appeal must be strictly construed being an exception to the
general rule. Execution pending appeal is not to be availed of and applied
routinely, but only in extraordinary circumstances
Maceda vs. DBP
The rule on execution pending appeal is strictly construed against the movant,
for courts look with disfavour upon any attempt to execute a judgment which
has not acquired a final character
If the judgment is executed and on appeal the same is reversed although there
are provisions for restitution oftentimes damages ,ay arise which cannot be
fully compensated
The movant for execution pending appeal has the burden of showing why the
lower court’s decision should be executed without awaiting the result of the
appeal
Intramuros Tennis Club vs. Phil Tourism Authority
Requisites of execution pending appeal:
1. there must be a judgment or final order
2. the trial court must have lost jurisdiction over the case
3. there must be good reasons to allow execution
4. such good reasons must be stated in a special order after due
hearing
“Good reasons” consist of compelling circumstances justifying immediate
execution least judgment becomes illusory, or the prevailing party after the
lapse of time be unable to enjoy it, considering the tactics of the adverse party
who may have apparently no case but to delay
A motion for execution pending appeal may be granted without a full-blown of
trial-type hearing
Fermo vs. Comelec
The following constitute “good reasons” and a combination of 2 or more will
suffice to grant execution pending appeal:
1. public interest involved or will of the electorate

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 2. the shortness of the remaining portion of the term of the contested office
3. the length of time that the election contest has been pending
Barrera vs. CA
For an action for reconveyance based on fraud to prosper, the party seeking
reconveyance must prove by clear and convincing evidence his title to the
property and the fact of fraud
The court could issue writ of execution by motion w/in 5 years from finality of
the decision. A writ of execution issued after the expiration of that period is null
and void. There is a need for the interested party to file an independent action
for the revival of judgment. The judgment may be enforced after the lapse of
this period and before the same is barred by the statute if limitations, but
instituting an ordinary civil action
Reason: After the lapse of the 5-year period, the judgment is reduced to a
mere right of action, w/c judgment must be enforced, as all other ordinary
actions, by the institution of a complaint in the regular form. Such action must
be filed w/in 10 years from the date the judgment became final
Arcena vs. CA
The purpose of the action of revival of judgment is not to modify the original
judgment subject of the action but is merely to give a creditor a new right of
enforcement from the date of revival. The rule seeks to protect judgment
creditors from wily & unscrupulous debtors who, in order to evade attachment
or execution, cunningly conceal their assets and wait until the stature of
limitation sets in
Bunag vs. CA
A judgment for the delivery of restitution of property is essentially an order to
place the prevailing party in possession of the property and if the defendant
refuse to surrender possession of the property to the prevailing party, the
sheriff or other proper office should oust him – there is in need for an express
order to this effect be stated in the decision
An order of execution is not appealable, neither can the order of demolition
issued in pursuance thereof be appealable
A writ of possession is a writ of execution employed to enforce a judgment to
recover the possession of land. It commands the sheriff to enter the land and
give possession of it to the person entitled under the judgment.
A writ of possession may be issued under the ff. instances:
1. land registration proceedings
2. judicial foreclosure, provided the debtor is in possession of the mortgaged
realty and no 3rd person=, not a party to the foreclosure suit, had
intervened
3. extrajudicial foreclosure of a real estate mortgage
The purchaser must 1st be placed in possession of the mortgaged property
pending proceedings assailing the issuance of the writ of possession
The issuance of a writ of possession is ministerial function, and the
implementation of such writ by the sheriff is likewise ministerial
Limpo vs. CA
The fact that the decision of the MeTC in ejectment cases is immediately
executory does not mean that notice of the motion for execution to the
adverse party is unnecessary
Moslem vs. Soriano
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Judgment directing petitioners to vacate land which is a judgment to deliver
possession of real property is not a special judgment
Heirs of Velasquez vs. CA
Although the SC is not artier of facts, it has the authority to review and reverse
the factual findings of the lower courts if it finds that these do not conform to
the evidence on recordJC Lopez & Associates vs. Commission on Audit
Material facts or questions which were in issue in a former action and were
there admitted or judicially determined are conclusively settled by a judgment
rendered therein and that such facts or question become res judicata and may
not again be litigated in a s subsequent action between the same parties of
their privies
Tan vs. CA
Conclusiveness of judgment bars the relitigation of particular facts or issues in
another litigation between the same parties on a different claim or cause of
action
Ocho vs. Calos
Under the concept of conclusiveness of judgment, the identity of causes of
action is not required but merely identity issues
The doctrine of res judicata applies to both judicial and quasi-judicial
proceedings
The doctrine of res judicata embraces 2 concepts:
1. bar by prior judgment
2. conclusiveness of judgment
Sta. Lucia Realty & Devt. Inc. vs. Cabrigas
Requisites for res judicata to serve as an absolute bar to a subsequent action:
1. the former judgment or order must be final
2. the judgment or order must be on the merits
3. it must have been rendered by a court having jurisdiction over the subject
matter and parties
4. there must be between the 1st and 2nd actions, identity of parties, of
subject matter, and of causes of action
When there is no identity of causes of action, but only an identity of issues,
there exists res judicata in the concept of conclusiveness of judgment
Macahilig vs. Heirs of Grace M. Magalit
A judgment is a final ruling by a court of competent jurisdiction regarding the
rights of the parties or other mailers submitted to it in an action or proceeding
“Final” in the phrase “judgments or final orders” found in Sec.40 of Rule 39,
has 2 accepted interpretations:
1. it is an order that 1 can no longer appeal because the period to do so has
expired, or because the order has been affirmed by the highest possible
tribunal involved
2. it is an order that leaves nothing else to be done
Strictly speaking, res judicata does not apply to decision or final orders
adjudication interlocutory orders
Oil & Neutral Gas Commission vs. CA
The constitutional mandate that no decision shall be rendered by any court w/o
expressing therein clearly & distinctly the facts and the law on which it is based
does not preclude the validity of “memorandum decisions” which adopt by
 reference the findings of fact & conclusions of law contained in the decisions of
inferior tribunals
Incorporation by reference is allowed if only to avoid the cumbersome
reproduction of the decision of lower courts, or portions thereof, in the decision
of the higher court
Phil. Aluminum Wheels, Inc. vs. Fasgi Enterprises
Fraud, to hinder the enforcement within this jurisdiction of a foreign judgment,
must be extrinsic, i.e., fraud based on facts not controverted or resolved in the
case where judgment is rendered, or that which would go to the jurisdiction of
the court or would deprive the party against whom judgment is rendered a
chance to defend the action to which he has a meritorious case or defense. In
fine, intrinsic fraud, that is, fraud which goes to the very existence of the cause
of action – such as fraud in obtaining the consent to a contract – is deemed
already adjudged, and it, therefore, cannot militate against the recognition or
enforcement of the foreign judgment
Asiavest Merchant Bankers vs. CA
In this jurisdiction, a valid judgment rendered by a foreign tribunal may be
recognized insofar as the immediate parties and the underlying cause of action
are concerned as long as it is convincingly shown that there has been an
opportunity for a full and fair hearing before a court or competent jurisdiction;
that the trial upon regular proceedings has been conducted, following due
citation or voluntary appearance of the defendant and under a s system of
jurisprudence likely to secure an impartial administration of justice; and that
there is nothing to indicate either a prejudice in court and in the system of laws
under which it is sitting or fraud on procuring the judgment
A foreign judgment is presumed to be valid and binding in the country from
which it comes, until a contrary showing, on the basis of a presumption of
regularity of proceedings and the giving of due notice in the foreign forum
APPEALS
Right to appeal is a mere statutory right
Remedy to obtain reversal or modification of judgment on the merits
May only be taken fr judgments or final orders that completely disposes of the
case
Judgments/orders not appealable:
a) Order denying a petition for relief or any similar motion seeking relief fr
judgment
b) Interlocutory order
c) Order disallowing or dismissing an appeal
d) Order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fame, mistake or duress, or any other ground
vitiating consent
e) Order of execution
f) Judgment or final order for or against 1/more of several parties or in separate
claims, counterclaims, cross-claims, and 3rd party complaints, while the main
case is pending, unless the court allows an appeal therefrom
g) Order dismissing an action w/o prejudice
ISSUES THAT MAY BE RAISED ON APPEAL
A party may not change the theory of his case on appeal
Defenses not pleaded in the answer may not be raised for the first time, bec to
permit him to do so would be unfair to the adverse party
PAYMENT OF DOCKET FEE
Mandatory for the perfection of the appeal w/in the prescribed period
Must be paid together w/other lawful fees to the clerk of court w/c rendered the
judgment or final order appealed from

Garcia vs. Recio Ordinary Appeal (by Petition for Review Pet. For Review of
A divorce obtained abroad by an alien may be recognized in our jurisdiction, writ of error) Rule 42 Certiorari Rule 45
provided such decree is valid according to the national law of the foreigner. Case is decided and Decided by the RTC in its Case decided by the RTC,
However, the divorce decree and the governing personal law of the alien judgment is to be appellate jurisdiction. CA, CTA en banc and SB.
spouse who obtained the divorce must be proven. Our courts do not take reviewed.
judicial notice of foreign laws and judgments; hence, like any other facts, both Pet. For rev. filed with the The only way up to the SC
the divorce decree and the national law of the alien must be alleged and proven Appealed to the next level CA except if penalty is capital
according to our law on evidence. court.
Rule 40 Rule 42 - May be extended for
Separa v Atty. Maceda MTC->RTC MTC-> RTC-> CA only 30d in a single
“At the outset, it is well to state the difference between the issuance of the writ File Notice/Record of MTC-> RTC (MR then instance (upon good
and the awarding of execution. As set forth in the case of Viray v CA, it stated Appeal with court of appeal except in summary reason)
that the function ordering the execution of judgment is judicial, and it devolves origin. proc) - Compelling reason
upon the judge to order the execution of the judgment. Whereas, the issuance (NOTE: RTC as appellate Small Claims- Final & means: Reason that will
of the writ, is merely ministerial and can be performed by another person like C. has the same rule as in executory unless convince the court to give
the clerk of court, under the direction of the court.” Crim cases) GADALEJ. you further time.
Notice of Appeal Intra-corp. Disp: - SC is not duty bound to
Collado v Heirs of Alejandro Truinfante (Nov. 2007) - a statement when you RTC-> CA via R.43 review the decision. They
Can you have an independent action for damages based on the implementation of a received judgment, you will entertain only if there
writ of execution? appealed and paid docket Contents: is a doctrinal change or if
NO. Any claim for damages brought about by the implementation of the writ of fees w/in reg. period. 1. Full names the decision will
exec., shall be raised only in the same action and cannot be subject of an - Filed w/in 15d 2. Material Dates substantially affect the
independent action. - Non-extendible. 3. Matters rights of the parties.

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 4. Duplicate orig. of
judgments Notice of appeal to the RTC exercising jurisdiction over the area to w/c the former
5. Cert. of Non- FS pertains
6. Verification
Record of Appeal 7. Copies of the Pleadings SEC. 2. When to appeal.—An appeal may be taken within fifteen (15) days after
- A sequential compilation 8. Affid. of Service notice to the appellant of the judgment or final order appealed from. Where a record
of pleadings, orders of 9. Copy furnish petition. on appeal is required, the appellant shall file a notice of appeal and a record on
judgment. appeal within thirty (30) days after notice of the judgment or final order.
- Perfected upon Court
approval (only in The period of appeal shall be interrupted by a timely motion for new trial or
specpro/multiple appeals) reconsideration. No motion for extension of time to file a motion for new trial or
- Filed w/in 30d reconsideration shall be allowed. (n)
GR: non-extendible
15 days after notice to the appellant of the judgment or final order appealed from
EX: authorized
[NO extension is allowed]
alteration/amendment.
Rule 41 Rule 43
Notice v. Receipt:
RTC -> CA QuasiJA-> CA
Notice- knowledge
- Flie - Extendible upon
Receipt (rule 13)- service of judgment (counsel of record)
appellants/appellee’s brief payment of docket fees
If record on appeal is required, appellant shall file the notice of appeal and record
w/in 45 days. w/in the reg. period.
on appeal w/in 30 days after notice of the judgment or final order
- Reply brief in 20d Q: Can you ask for 2nd
[The period cannot be extended unless it is an authorized amendment/alteration]
extension? GR: NO.
o Only required in special proceedings and in cases of multiple or separate
EX: Compelling reasons.
appeals
Req’ts:
FRESH PERIOD RULE
1. Verified
Party litigant may either file his notice of appeal w/in 15 days fr receipt of the
2. Cert. of Non. FS
RTC’s decision OR file it w/in 15 days fr receipt of the order denying his MNT or
3. Cert. copy of judgment
MR.
4. Affiv. Of mat’l dates.
Applies to Rules 40, 41, 42, 43, and 45
- Receipt of Decision.
- Filing of MR/MNT
- Denial of MR/MNT SEC. 3. How to appeal—The appeal is taken by filing a notice of appeal with the
5. Parties, issues, grounds court that rendered the judgment or final order appealed from. The notice of appeal
6. Affid. of service. shall indicate the parties to the appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing the timeliness of the appeal.
The ff. Rules Apply in these proceedings: A record on appeal shall be required only in special proceedings and in other cases
CA of multiple or separate appeals.
Original Jurisdiction Rule 46, 47, 48, 49, 51, 52, 53, 54
Appellate Jurisdiction Rule 41 (44), 42, 43 The form and contents of the record on appeal shall be as provided in section 6,
SC Rule 41.
Original Jurisdiction Rule 46, 48, 49, 51, 52
Copies of the notice of appeal, and the record on appeal where required, shall be
Appellate Jurisdiction Rule 45, 48, 51, 52 served on the adverse party. (n)
RULE 40- APPEAL FROM MTC TO THE RTC

ORDINARY APPEAL By Notice of Appeal:

By notice of appeal fr a judgment or final order of a lower court on questions of a) Filing a NOTICE OF APPEAL w/the court that rendered the judgment or final order
facts and law appealed from and
a. Must indicate:
SECTION 1. Where to appeal.—An appeal from a judgment or final order of a i. Parties
Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction ii. Judgment or final order appealed from
over the area to which the former pertains. The title of the case shall remain as it iii. Material date showing timelines of appeal
was in the court of origin, but the party appealing the case shall be further referred b) Serving a copy of the notice to the adverse party
to as the appellant and the adverse party as the appellee. (n) c) Payment in full of docket fees and other lawful fees

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By Record of Appeal: and other lawful fees. Proof of payment thereof shall be transmitted to the appellate
Compilation of pleadings and order of the court in sequential form court together with the original record or the record on appeal, as the case may be.
For special proceedings such as probate and in other cases where multiple (n)
appeals are allowed as in partition & expropriation
w/in the period for taking an appeal, the appellant shall pay to the clerk of court
ORDINARY APPEAL PETITION FOR REVIEW w/c rendered judgment the full amount of the appellate court docket and other
lawful fees
Matter of right Discretionary NOTE: Payment is now mandatory, and failure to comply will be a ground for the
dismissal of the appeal.
All the records are elevated fr No records are elevated unless
SEC. 6. Duty of the clerk of court.—Within fifteen (15) days from the perfection of
the court of origin the court orders it
the appeal, the clerk of court or the branch clerk of court of the lower court shall
transmit the original record or the record on appeal, together with the transcripts
Notice and record of appeal are Filed w/the CA and exhibits, which he shall certify as complete, to the proper Regional Trial Court.
filed w/the court of origin A copy of his letter of transmittal of the records to the appellate court shall be
furnished the parties. (n)

SEC. 4. Perfection of appeal; effect thereof.—The perfection of the appeal and the
effect thereof shall be governed by the provisions of section 9, Rule 41. (n)
NOTICE OF APPEAL RECORD ON APPEAL
w/in 15 days from the perfection of the appeal, the CLERK OF COURT oof the
lower court shall have the proof of payment thereof shall be transmitted to the
appellate court together w/the orig record or the record on appeal, together
w/transcripts and exhibits, w/c shall certify as complete to the proper RTC

SEC. 7. Procedure in the Regional Trial Court.—

Deemed perfected as to the
party upon the filing of the
notice of appeal in due time
Does not require approval of
the court
Deemed perfected as to the
party with respect to the
subject matter thereof upon
the approval of the record on
appeal filed in due time
(a) Upon receipt of the complete record or the record on appeal, the clerk of court of
the Regional Trial Court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to
submit a memorandum which shall briefly discuss the errors imputed to the lower
court, a copy of which shall be furnished by him to the adverse party. Within fifteen
(15) days from receipt of the appellant’s memorandum, the appellee may file his
memorandum. Failure of the appellant to file a memorandum shall be a ground for
dismissal of the appeal.

EFFECT OF A PERFECTED APPEAL
Notice of appeal: court loses jurisdiction over the case upon the perfection of the
appeal filed in due time AND expiration of the time when other party can appeal
o Not perfection that leads to losing of jurisdiction, but the lapse of time
Record on appeal: court loses jurisdiction only over the subject matter thereof
upon approval of the records on appeal filed in due time
RESIDUAL POWERS OF THE COURTS PRIOR TO THE TRANSMITTAL OF THE ORIG
RECORD OR RECORD ON APPEAL: (E PAPA)
1. Order execution pending appeal
2. Issue orders for the preservation of the rights of the parties w/c do not
involve matters litigated by appeal
3. Approve compromise prior to the transmittal of the record
4. Permit appeal by an indigent
5. Allow withdrawal of the appeal
SEC. 5. Appellate court docket and other lawful fees.—Within the period for taking
an appeal, the appellant shall pay to the clerk of the court which rendered the
judgment or final order appealed from the full amount of the appellate court docket
(c) Upon the filing of the memorandum of the appellee, or the expiration of the
period to do so, the case shall be considered submitted for decision. The Regional
Trial Court shall decide the case on the basis of the entire record of the proceedings
had in the court of origin and such memoranda as are filed. (n)
1. Upon receipt of the complete record or record on appeal, the RTC CLERK OF
COURT shall notify the parties of such fact;
2. W/in 15 days fr such notice, it shall be the appellant’s duty to submit a
MEMORANDUM w/c shall briefly discuss the errors imputed to the lower court;
a. Non-compliance authorizes dismissal of the appeal
3. Upon the filing of the memorandum, or the expiration of the period to do so, the
case shall be considered submitted for decision.
SEC. 8. Appeal from orders dismissing case without trial; lack of jurisdiction.—If an
appeal is taken from an order of the lower court dismissing the case without a trial
on the merits, the Regional Trial Court may affirm or reverse it, as the case may be.
In case of affirmance and the ground of dismissal is lack of jurisdiction over the
subject matter, the Regional Trial Court, if it has jurisdiction thereover, shall try the
case on the merits as if the case was originally filed with it. In case of reversal, the
case shall be remanded for further proceedings.

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If the case was tried on the merits by the lower court without jurisdiction over the (d) An order disallowing or dismissing an appeal;
subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has (e) An order denying a motion to set aside a judgment by consent,
original jurisdiction thereof, but shall decide the case in accordance with the confession or compromise on the ground of fraud, mistake or duress, or any other
preceding section, without prejudice to the admission of amended pleadings and ground vitiating consent.
additional evidence in the interest of justice. (n) (f) An order of execution;
(g) A judgment or final order for or against one or more of several parties or
in separate claims, counterclaims, cross-claims and third-party complaints, while the
IF DISMISSED IN Motion to dismiss is granted (Rule 16) main case is pending, unless the court allows an appeal therefrom; and
THE MTC W/O (h) An order dismissing an action without prejudice.
TRIAL ON THE If an appeal is taken, RTC may affirm or reverse
In all the above instances where the judgment or final order is not appealable, the
MERITS
aggrieved party may file an appropriate special civil action under Rule 65. (n)
REVERSE: case remanded to the lower court
for further proceedings
AFFIRM: declaration of the merits of the 1. Judgments or final orders that COMPLETELY disposes of the case
dismissal 2. PARTICULAR matter in a judgment declared by RoC to be appealable
IF DISMISSED ON RTC AFFIRMS, RTC is obligated to try the case NON-APPEALABLE CASES
1. An order denying petition for relief or any similar motion seeking relief
THE GROUND OF on the merits as if the case was originally filed
from judgment
LACK OF before it 2. Interlocutory order (order which does not dispose of the case but leaves
JURISDICTION something else to be done by the TC on the merits of the case)
OVER THE SUBJECT 3. Order disallowing or dismissing an appeal
MATTER 4. Order denying motion to set aside judgment by consent, confession or
compromise of the ground of fraud, mistake or duress or any other ground
IF DISMISSED IN Same rule prevails as above vitiating consent
5. Order of execution
THE MTC W/ TRIAL
6. Judgment or final order for or against one or more of several parties or in
ON THE MERITS May allow amendment of the pleading and separate claims, counterclaims, cross-claims and 3rd party complaints,
W/O JURISDICTION receive addt’l evidence in the interest of justice while the main case is pending, unless court allows an appeal therefrom
OVER THE SUBJECT 7. Order dismissing an action without prejudice
MATTER
Remedy in cases where appeal is NOT allowed: Special civil action of certiorari or
prohibition if there is lack or excess of jurisdiction or GAD or mandamus if there is
no performance of duty
SEC. 9. Applicability of Rule 41.—The other provisions of Rule 41 shall apply to -Judgment based on compromise is not appealable; immediately executory
appeals provided for herein insofar as they are not inconsistent with or may serve to
supplement the provisions of this Rule. (n)
SEC. 2. Modes of appeal.—

(a) Ordinary appeal.—The appeal to the Court of Appeals in cases decided by

the Regional Trial Court in the exercise of its original jurisdiction shall be taken by
filing a notice of appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party. No record on
appeal shall be required except in special proceedings and other cases of multiple or
separate appeals where the law or these Rules so require. In such cases, the record
-on appeal shall be filed and served in like manner.
RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS
(b) Petition for review.—The appeal to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by
SECTION 1. Subject of appeal.—An appeal may be taken from a judgment or final
petition for review in accordance with Rule 42.
order that completely disposes of the case, or of a particular matter therein when
declared by these Rules to be appealable. (c) Appeal by certiorari.—In all cases where only questions of law are raised
No appeal may be taken from: or involved, the appeal shall be to the Supreme Court by petition for review on
(a) An order denying a motion for new trial or reconsideration; certiorari in accordance with Rule 45. (n)
(b) An order denying a petition for relief or any similar motion seeking relief
from judgment;
(c) An interlocutory order; 3 MODES OF APPEAL FROM RTC:

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 ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY
CERTIORARI SEC. 5. Notice of appeal.—The notice of appeal shall indicate the parties to the
-Appeal to CA in cases -Appeal to the CA in - Appeal to the SC in appeal, specify the judgment or final order or part thereof appealed from, specify
decided by RTC in the cases decided by RTC in cases decided by the RTC the court to which the appeal is being taken, and state the material dates showing
exercise of its original exercise of its appellate CA, CTA en banc and SB the timeliness of the appeal. (4a)
jurisdiction jurisdiction (R42) - Only questions of law
(R45) Notice of Appeal shall indicate:
-By filing notice of appeal - by filing a verified - by filing a verified 1. Parties to appeal
with the court which Petition for Review with Petition for Review on 2. Judgment or final order or part thereof appealed from
rendered judgment and the CA. Certiorari with the SC. 3. Court to which appeal is being taken
- serving copy upon - Paying the docket and - Paying the docket and 4. Material dates showing timeliness of appeal
adverse party lawful fees and P500 lawful fees and P500
deposit for costs with the deposit for costs with the SEC. 6. Record on appeal; form and contents thereof—The full names of all the
GEN. RULE: no record on parties to the proceedings shall be stated in the caption of the record on appeal and
CA SC.
appeal required it shall include the judgment or final order from which the appeal is taken and, in
EXCEPT: in special - Furnish the RTC and the - Submit proof of service
chronological order, copies of only such pleadings, petitions, motions and all
proceedings and other adverse parties with a of a copy to LC and
interlocutory orders as are related to the appealed judgment or final order for the
cases of multiple or copy. adverse party.
proper understanding of the issue involved, together with such data as will show
separate appeals where that the appeal was perfected on time. If an issue of fact is to be raised on appeal,
the law or RoC requires the record on appeal shall include by reference all the evidence, testimonial and
- Within 15d from the - Within 15d from notice - Within 15d from notice documentary, taken upon the issue involved. The reference shall specify the
Notice of Judgment for of the decision to be of the judgment or order documentary evidence by the exhibit numbers or letters by which it was identified
Notice of Appeal/30d for reviewed, or from the or denial of an MR or when admitted or offered at the hearing, and the testimonial evidence by the names
Records on Appeal. denial of an MR or MNT. MNT. of the corresponding witnesses. If the whole testimonial and documentary evidence
in the case is to be included, a statement to that effect will be sufficient without
mentioning the names of the witnesses or the numbers or letters of exhibits. Every
SEC. 3. Period of ordinary appeal, appeal in habeas corpus cases.—The appeal shall record on appeal exceeding twenty (20) pages must contain a subject index. (6a)
be taken within fifteen (15) days from notice of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a notice of 1. Full names of parties to appeal
appeal and a record on appeal within thirty (30) days from notice of the judgment or 2. Specify judgment or final order or part thereof appealed from
final order. However, an appeal in habeas corpus cases shall be taken within forty- 3. In chronological order, copies of only such pleadings, petitions, motions
eight (48) hours from notice of the judgment or final order appealed from. and all interlocutory orders as are related to appealed judgment
4. Data as will show that the appeal was perfected on time (Material Data
The period of appeal shall be interrupted by a timely motion for new trial or
Rule)
reconsideration. No motion for extension of time to file a motion for new trial or
5. Subject Index is record on appeal exceeds 20pages
reconsideration shall be allowed. (n)

Notice of Appeal: 15D from notice of judgment or final order appealed from
Record on Appeal: 30D from notice of judgment or final order
Appeal in habeas corpus: 48hrs from notice of judgment or final order appealed
from
-Period of appeal interrupted by a timely MNT or MR.
-No motion for extension to file MNT or MR shall be allowed
SEC. 4. Appellate court docket and other lawful fees.— Within the period for taking
an appeal, the appellant shall pay to the clerk of the court which rendered the
judgment or final order appealed from, the full amount of the appellate court docket
and other lawful fees. Proof of payment of said fees shall be transmitted to the
appellate court together with the original record or the record on appeal. (n)
SEC. 7. Approval of record on appeal —Upon the filing of the record on appeal for
approval and if no objection is filed by the appellee within five (5) days from receipt
of a copy thereof, the trial court may approve it as presented or upon its own
motion or at the instance of the appellee, may direct its amendment by the inclusion
of any omitted matters which are deemed essential to the determination of the issue
of law or fact involved in the appeal. If the trial court orders the amendment of the
record, the appellant, within the time limited in the order, or such extension thereof
as may be granted, or if no time is fixed by the order within ten (10) days from
receipt thereof, shall redraft the record by including therein, in their proper
chronological sequence, such additional matters as the court may have directed him
to incorporate, and shall thereupon submit the redrafted record for approval, upon
notice to the appellee, in like manner as the original draft. (7a)

-Appellant shall pay to the clerk of court which rendered judgment-> FULL amount Procedure if record on appeal
of appellate court docket & other lawful fees -> Within period for taking an appeal 1. File record on appeal
-Proof of payment to be transmitted to appellate court together with original record 2. Appellee may file objection within 5D from receipt thereof
or record on appeal 3. If no objection, court may:

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 a. Approve as presented
b. Direct its amendment on its own or upon motion of adverse party
4. If amendment is ordered, appellant must redraft record within time
ordered or if no time, within 10D from receipt
5. Submit record for approval with notice on adverse party
SEC. 8. Joint record on appeal.—Where both parties are appellants, they may file a
joint record on appeal within the time fixed by section 3 of this Rule, or that fixed by
the court. (8a)
-Where both parties are appellants, they may file joint record on appeal
-Within time provided for in Sec3 or that fixed by court
SEC. 9. Perfection of appeal; effect thereof—A party’s appeal by notice of appeal is
deemed perfected as to him upon the filing of the notice of appeal in due time.
A party’s appeal by record on appeal is deemed perfected as to him with respect to
the subject matter thereof upon the approval of the record on appeal filed in due
time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon the
perfection of the appeals filed in due time and the expiration of the time to appeal of
the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subject
matter thereof upon the approval of the records on appeal filed in due time and the
expiration of the time to appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on appeal,
the court may issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending appeal in
accordance with section 2 of Rule 39, and allow withdrawal of the appeal. (9a)
BY NOTICE OF APPEAL BY RECORD ON APPEAL
-As to him upon filing of the notice of -As to him with respect to subject
appeal in due time matter thereof upon approval of record
on appeal filed in due time
-Court loses jurisdiction over the case -Court loses jurisdiction only over the
upon perfection of appeal filed in due subject matter upon approval of record
time AND expiration of time to appeal of on appeal filed in due time AND
the other parties expiration of time to appeal of the other
parties
-Prior to transmittal of original record or record on appeal, court may issue orders
for protection and preservation of rights of 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 Sec2 and allow withdrawal of
appeal
i.e. Plaintiff received the decision on Feb. 1, the filed an appeal on feb. 8.
Q: When does the court lose jurisdiction over the case? Still on Feb. 16
Defendant received the decision on Feb. 3, filed an appeal on Feb. 7.
- The court retained jurisdiction on Feb. 7 to accept the Defendants appeal.
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- It only loses jurisdiction after the expiration of the period to appeal ( as
long as the court still has possession of the records of the case)
- If, as in the above scenario, both parties appealed. The court also loses
jurisdiction over the case.
SEC. 10. Duty of clerk of court of the lower court upon perfection of appeal.—Within
thirty (30) days after perfection of all the appeals in accordance with the preceding
section, it shall be the duty of the clerk of court of the lower court:
(a) To verify the correctness of the original record or the record on appeal,
as the case may be, and to make a certification of its correctness;
(b) To verify the completeness of the records that will be transmitted to the
appellate court;
(c) If found to be incomplete, to take such measures as may be required to
complete the records, availing of the authority that he or the court may exercise for
this purpose; and
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in his letter of transmittal
the exhibits or transcripts not included in the records being transmitted to the
appellate court, the reasons for their non-transmittal, and the steps taken or that
could be taken to have them available.
The clerk of court shall furnish the parties with copies of his letter of transmittal of
the records to the appellate court. (10a)
-Within 30D AFTER perfection of all appeals
-Duty of clerk of lower court:
1. Verify the correctness of the original record or record on appeal and to make
certification of its correctness.
2. Verify completeness of records that will be transmitted
3. If found incomplete, to take such measures as may be required to complete the
records
4. Transmit records to appellate court
5. If the efforts to complete records fail, he shall indicate in his letter of transmittal
~Those that were not included
~Reasons for non-transmittal
~Steps taken or could be taken
6. He shall furnish parties with copies of his letter
SEC. 11. Transcript.—Upon the perfection of the appeal, the clerk shall immediately
direct the stenographers concerned to attach to the record of the case five (5)
copies of the transcripts of the testimonial evidence referred to in the record on
appeal. The stenographers concerned shall transcribe such testimonial evidence and
shall prepare and affix to their transcripts an index containing the names of the
witnesses and the pages wherein their testimonies are found, and a. list of the
exhibits and the pages wherein each of them appears to have been offered and
admitted or rejected by the trial court. The transcripts shall be transmitted to the
clerk of the trial court who shall thereupon arrange the same in the order in which
the witnesses testified at the trial, and shall cause the pages to be numbered
consecutively. (12a)
-Upon perfection of appeal
-Clerk shall direct stenographer:
 1. Attach record of case 5 copies of the transcript of testimonial evidence
2. Transcribe such testimonial evidence
3. Shall affix an index containing the names of witnesses and pages where their
testimonies are found
4. List of exhibits and pages wherein each appears
SEC. 12. Transmittal.—The clerk of the trial court shall transmit to the appellate
court the original record or the approved record on appeal within thirty (30) days
from the perfection of the appeal, together with the proof of payment of the
appellate court docket and other lawful fees, a certified true copy of the minutes of
the proceedings, the order of approval, the certificate of correctness, the original
documentary evidence referred to therein, and the original and three (3) copies of
the transcripts. Copies of the transcripts and certified true copies of the
documentary evidence shall remain in the lower court for the examination of the
parties. (11a)
-Clerk of TC shall transmit to the appellate court the original record or approved
record on appeal
1. Within 30D from perfection of appeal
2. Proof of payment of appellate court docket and other lawful fees
3. Certified copy of minutes of proceedings
4. Order of approval
5. Certificate of correctness
6. Original documentary evindidence
7. Original and 3 copies of transcript
SEC. 13. Dismissal of appeal.—Prior to the transmittal of the original record or the
record on appeal to the appellate court, the trial court may motu proprio or on
motion dismiss the appeal for having been taken out of time, or for non-payment of
the docket and other lawful fees within the reglementary period. (13a)
-Prior to transmittal of original record or record on appeal, TC may motu proprio or
on motion dismiss the appeal for:
1. Having been taken out of time
2. Non-payment of docket and other lawful fees within reglementary period
Republic vs. Carmel Development Inc.
Rule 46 primarily governs original actions for certiorari filed in the CA, but
Rule 65 generally serves to supplement the same. Rule 46 and 65 co-exist
with each other and should be construed so as to give effect to every
provision of both rules
RULE 42- PETITION FOR REVIEW FR THE RTC TO THE CA
Applies to an appeal fr judgment or final order of the RTC to the CA in cases
decided by the former in the exercise of its appellate jurisdiction
Not a matter of right but a matter of discretion on the CA
SECTION 1. How appeal taken; time for filing.—A party desiring to appeal from a
decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals, paying
at the same time to the clerk of said court the corresponding docket and other
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lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional
Trial Court and the adverse party with a copy of the petition. The petition shall be
filed and served within fifteen (15) days from notice of the decision sought to be
reviewed or of the denial of petitioner’s motion for new trial or reconsideration filed
in due time after judgment. Upon proper motion and the payment of the full amount
of the docket and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition for review. No further
extension shall be granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)
Made by filing a VERIFIED PETITION FOR REVIEW w/in 15 days fr notice of the
decision sought to be reviewed or the denial of petitioner’s MNT or MR filed in due
time after judgment in the CA as well as:
o Paying to the clerk of court of the CA the corresponding docket and other lawful
fees
o Depositing P500 for costs
o Furnishing the RTC and the adverse party a copy of the petition
No other extension shall be granted except for the most compelling reason and
in no case shall exceed 15 days
The court may grant an addt’l 15 days provided that the extension is sought:
o Upon proper motion
o Payment of full amount of docket and lawful fees and the deposit for costs
before the expiration of the reglamentary period
SEC. 2. Form and contents.—The petition shall be filed in seven (7) legible copies,
with the original copy intended for the court being indicated as such by the
petitioner, and shall (a) state the full names of the parties to the case, without
impleading the lower courts or judges thereof either as petitioners or respondents;
(b) indicate the specific material dates showing that it was filed on time; (c) set
forth concisely a statement of the maters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly committed by the Regional
Trial Court, and the reasons or arguments relied upon for the allowance of the
appeal; (d) be accompanied by clearly legible duplicate originals or true copies of
the judgments or final orders of both lower courts, certified correct by the clerk of
court of the Regional Trial Court, the requisite number of plain copies thereof and of
the pleadings and other material portions of the record as would support the
allegations of the petition.
The petitioner shall also submit together with the petition a certification under oath
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 five (5) days therefrom. (n)
The petition shall be filed in the proper form stating among others:
1. A concise statement of the matters involved
2. Issues raised
3. Specification of errors of law or fact, or both, allegedly committed by the trial
court and the reasons or arguments relied upon for the allowance of the appeal
 4. Specific material dates showing the petition was filed on time
Must also have a CERTIFICATION AGAINST FORUM SHOPPING
SEC. 3. Effect of failure to comply with requirements.—The failure of the petitioner
to comply with any of the foregoing requirements regarding the payment of the
docket and other lawful fees, the 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. (n)
Failure to do the ff will be sufficient ground for DISMISSAL:
1. Payment of docket and other lawful fees
2. Deposit for costs
3. Proof of service of the petition
4. Contents of and documents w/c should accompany the petition
SEC. 4. Action on the petition.—The Court of Appeals may require the respondent to
file a comment on the petition, not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (n)
The CA may do the ff:
1. DISMISS- if it finds the petition to be patently w/o merit; prosecuted merely for
delay, or that the questions raised are too unsubstantial to require consideration
2. REQUIRE RESPONDENT TO FILE A COMMENT- w/in 10 days from notice.
Respondent shall file a comment, not a motion to dismiss
SEC. 5. Contents of comment.—The comment of the respondent shall be filed in
seven (7) legible copies, accompanied by certified true copies of such material
portions of the record referred to therein together with other supporting papers and
shall (a) state whether or not he accepts the statement of matters involved in the
petition; (b) point out such insufficiencies or inaccuracies as he believes exist in
petitioner’s statement of matters involved but without repetition; and (c) state the
reasons why the petition should not be given due course. A copy thereof shall be
served on the petitioner. (n)
Filed in 7 legible copies, accompanied by certified true copies of each material
portions of the record referred therein w/other supporting papers and shall:
1. State whether or not he ACCEPTS the statement of matters involved in the
petition
2. Point out such INSUFFICIENCIES OR INACCURACIES as he believes exist in
petitioner’s statement of matters but w/o repetition
3. REASONS why the petition should not be given due course
SEC. 6. Due course.—If upon the filing of the comment or such other pleadings as
the court may allow or require, or after the expiration of the period for the filing
thereof without such comment or pleading having been submitted, the Court of
Appeals finds prima facie that the lower court has committed an error of fact or law
that will warrant a reversal or modification of the appealed decision, it may
accordingly give due course to the petition. (n)
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If the CA finds prima facie that the lower court has committed an error of fact or law
that will warrant a reversal or modification of the appealed decision, it may
accordingly give DUE COURSE to the petition.
SEC. 7. Elevation of record.—Whenever the Court of Appeals deems it necessary, it
may order the clerk of court of the Regional Trial Court to elevate the original record
of the case including the oral and documentary evidence within fifteen (15) days
from notice.(n)
Only DISCRETIONARY for the CA to order the elevation of the records.
o Until the petition is given due course, the trial court may still issue a warrant of
execution pending appeal and in some cases the judgments are immediately
executory.
SEC. 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 Regional Trial Court loses jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the time to appeal of the other
parties.
However, before the Court of Appeals gives due course to the petition, the Regional
Trial Court may issue orders for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve corn-
promises, permit appeals of indigent litigants, order execution pending appeal in
accordance with section 2 of Rule 39, and allow withdrawal of the appeal. (9a, R41)
(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. (n)
1. Petitioner- perfected upon the timely filing of the petition for review AND payment
of corresponding fees
2. Trial court- loses jurisdiction over the case upon perfection of appeal on time AND
expiration of the period to appeal
SEC. 9. Submission for decision.—If the petition is given due course, the Court of
Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (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. (n)
CA may set the case for oral argument OR require the parties to submit memoranda
w/in 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
RULE 43 - APPEALS FROM THE CTA AND THE QUASI-JUDICIAL AGENCIES TO
THE CA
SECTION 1. Scope.—This Rule shall apply to appeals from judgments or final orders
of the Court of Tax Appeals and from awards, judgments, final orders or resolutions
of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial
functions. Among these agencies are the Civil Service Commission, Central Board of
Assessment Appeals, Securities and Exchange Commission, Office of the President,
Land Registration Authority, Social Security Commission, Civil Aeronautics Board,
Bureau of Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government Service
Insurance System, Employees Compensation Commission, Agricultural Inventions
Board, Insurance Commission, Philippine Atomic Energy Commission, Board of
Investments, Construction Industry Arbitration Commission, and voluntary
arbitrators authorized by law. (n)
-Appeals from awards, judgments, final orders or resolution of or authorized by any
quasi-judicial agency in the exercise of its quasi-judicial functions
a. Civil Service Commission
b. Central Board of Assessment Appeals
c. Securities and Exchange Commission
d. Office of the President
e. Land Registration Authority
f. Social Security Commission
g. Civil Aeronautics Board
h. Bureau of Patents
i. Trademarks and Technology Transfer
j. National Electrification Administration
k. Energy Regulation Board
l. National Telecommunications Commission
m. Department of Agrarian Reform
n. GSIS
o. Employees Compensation Commission
p. Agricultural Inventions Board
q. Insurance Commission
r. Philippine Atomic Energy Commission
s. Board of Investments
t. Construction Industry Arbitration Commission
u. Voluntary Arbitrators authorized by law
NOTE: The CTA (in en banc decisions) has been elevated to the level of the CA.
SEC. 2. Cases not covered.—This Rule shall not apply to judgments or final orders
issued under the Labor Code of the Philippines. (n)
St. Martin Funeral Homes v NLRC
- Judgments and final orders or resolutions of the NLRC are reviewable by the CA in
an original action for certiorari under R65 (must prove that the proceedings were
tainted with GADALEJ).
SEC. 3. Where to appeal.—An appeal under this Rule may be taken to the Court of
Appeals within the period and in the manner herein provided, whether the appeal
involves questions of fact, of law, or mixed questions of fact and law. (n)
-Taken to CA within period and manner provided
-Questions of fact, law or mixed questions of fact and law
SEC. 4. Period of appeal.—The appeal shall be taken within fifteen (15) days from
notice of the award, judgment, final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity, or of the denial of
petitioner’s motion for new trial or reconsideration duly filed in accordance with the
governing law of the court or agency a quo. Only one (1) motion for reconsideration
shall be allowed. Upon proper motion and the payment of the full amount of the
docket fee before the expiration of the reglementary period, the Court of Appeals
may grant an additional period of fifteen (15) days only within which to file the
petition for review. No further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15) days. (n)
-Within 15D from notice of award, judgment, final order or resolution OR from date
of last publication (if required by law) OR of denial of petitioner’s MNT or MR
-Only 1 MR to be allowed
-CA may grant additional 15D period upon proper motion and payment of full
amount of docket fee before expiration of reglementary period.
GEN. RULE: No further extension shall be granted
EXCEPT: for the most compelling reason
SEC. 5. How appeal taken..—Appeal shall be taken by filing a verified petition for
review in seven (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
copy of the petition intended for the Court of Appeals shall be indicated as such by
the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the
Court of Appeals the docketing and other lawful fees and deposit the sum of
P500.00 for costs. Exemption from payment of docketing and other lawful fees and
the deposit for costs may be granted by the Court of Appeals upon a verified motion
setting forth valid grounds therefor. If the Court of Appeals denies the motion, the
petitioner shall pay the docketing and other lawful fees and deposit for costs within
fifteen (15) days from notice of the denial. (n)
1. Filing verified petition for review in 7 legible copies
2. With proof of service of a copy thereof on the adverse party and on the
court or agency a quo
3. Pay to the clerk of court of CA docket and other lawful fees
4. Deposit sum of 500 for costs
-Exemption from payment of docket and other lawful fees and deposit-> may be
granted by CA upon verified motion setting forth valid grounds
-If CA denies motion, petitioner shall pay docket and other lawful fees and deposit
within 15D from notice of denial.
NOTE: The period for filing an appeal is extendible only ONCE. Unless, there is a
compelling reason which dictates otherwise.
RTC as Appellate Court Quasi-judicial Agencies
Rule 42 Rule 43

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- The Decision is stayed by an appeal. - Decision is immediately executory; not
stayed by an appeal.
- Factual findings are not conclusive on - Factual findings are conclusive on the
the CA CA if supported by substantial evidence.
SEC. 6. Contents of the petition.—The petition for review shall (a) state the full
names of the parties to the case, without impleading the court or agencies either as
petitioners or respondents; (b) contain a concise statement of the facts and issues
involved and the grounds relied upon for the review; (c) be accompanied by a
clearly legible duplicate original or a certified true copy of the award, judgment, final
order or resolution appealed from, together with certified true copies of such
material portions of the record referred to therein and other supporting papers; and
(d) contain a sworn certification against forum shopping as provided in the last
paragraph of section 2, Rule 42. The petition shall state the specific material dates
showing that it was filed within the period fixed herein. (2a)
1. Full names of parties to the case
2. Set forth concisely a statement of facts and issues involved and grounds
relied upon for review
3. Clearly legible duplicate originals or certified true copy of award, judgment,
final order or resolution appealed from
4. Certificate of Non-Forum Shopping
5. State specific material it was filed on time
SEC. 7. Effect of failure to comply with requirements.—The failure of the petitioner
to comply with any of the foregoing requirements regarding the payment of the
docket and other lawful fees, the 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. (n)
-Failure to comply with requirements on payment of docket, deposit, proof of service
and contents of documents and documents should accompany-> sufficient ground
for dismissal
SEC. 8. Action on the petition.—The Court of Appeals may require the respondent to
file a comment on the petition, not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein are too
unsubstantial to require consideration. (6a)
CA may require respondent to:
a. file comment within 10D from notice
b. dismiss petition if it finds it to be patently without merit, prosecuted for
delay or questions are too unsubstantial
SEC. 9. Contents of comment.—The comment shall be filed within ten (10) days
from notice in seven (7) legible copies and accompanied by clearly legible certified
true copies of such material portions of the record referred to therein together with
other supporting papers. The comment shall (a) point out insufficiencies or
inaccuracies in petitioner’s statement of facts and issues; and (b) state the reasons
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why the petition should be denied or dismissed. A copy thereof shall be served on
the petitioner, and proof of such service shall be filed with the Court of Appeals. (9a)
-Filed within 10D from notice
1. Notice in 7 legible copies
2. Accompanied by clearly legible certified true copies of such material portions of
record together with supporting papers
-Comment shall point out:
a. Insufficiencies or inaccuracies in petitioner’s statement of facts and issues
b. State reasons why petition should be denied or dismissed
SEC. 10. Due course.—If upon the filing of the comment or such other pleadings or
documents as may be required or allowed by the Court of Appeals or upon the
expiration of the 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 law that would warrant reversal or modification of
the award, judgment, final order or resolution sought to be reviewed, it may give
due course to the petition; otherwise, it shall dismiss the same. The findings of fact
of the court or agency concerned, when supported by substantial evidence, shall be
binding on the Court of Appeals. (n)
-IF CA finds prima facie that court or agency concerned has committed errors of
fact or law that would warrant reversal or modification of award or judgment-> CA
may give due course to petition
OR
-Dismiss the same
-Findings of fact by court or agency when supported by substantial evidence shall be
binding on CA
SEC. 11. Transmittal of record.—Within fifteen (15) days from notice that the
petition has been given due course, the Court of Appeals may require the court or
agency concerned to transmit the original or a legible certified true copy of the
entire record of the proceeding under review. The record to be transmitted may be
abridged by agreement of all parties to the proceeding. The Court of Appeals may
require or permit subsequent correction of or addition to the record. (8a)
-Within 15D from notice that petition has been given due course-> CA may require
court or agency to transmit original or legible certified true copy of entire record of
proceeding
SEC. 12. Effect of appeal—The appeal shall not stay the award, judgment, final
order of resolution sought to be reviewed unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just. (10a)
GEN. RULE: Appeal shall NOT stay award, judgment, final order or resolution sought
to be reviewed
EXCEPT: When CA shall direct otherwise upon such terms as it may deem just
SEC. 13. Submission for decision.—If the petition is given due course, the Court of
Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (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 of Appeals. (n)
If petition set for due course, CA may:
a. Set case for oral argument
b. Require parties to submit memoranda within a period of 15D from notice
-Case shall be deemed submitted for decision upon filing of last pleading or
memorandum required
RULE 44 - ORDINARY APPEALED CASES (in the CA)
SECTION 1. Title of cases.—In all cases appealed to the Court of Appeals under Rule
41, the title of the case shall remain as it was in the court of origin, but the party
appealing the case shall be further referred to as the appellant and the adverse
party as the appellee. (1a, R46)
Title of the case shall remain the same but:
Party appealing = appellant
Adverse party = appellee
SEC. 2. Counsel and guardians.—The counsel and guardians ad litem of the parties
in the court of origin shall be respectively considered as their counsel and guardians
ad litem in the Court of Appeals. When others appear or are appointed, notice
thereof shall be served immediately on the adverse party and filed with the court.
(2a, R46)
Counsel and guardians ad litem in the court of origin shall be considered as such in
the CA
When others appear or are appointed NOTICE shall be served on the adverse
party and filed with the court
SEC. 3. Order of transmittal of record.—If the original record or the record on appeal
is not transmitted to the Court of Appeals within thirty (30) days after the perfection
of the appeal, either party may file a motion with the trial court, with notice to the
other, for the transmittal of such record or record on appeal. (3a, R46)
Either party may file a MOTION with the TRIAL COURT, w/notice to the other, for
the transmittal of the record = ONLY IF NOT TRANSMITTED W/IN 30 DAYS
SEC. 4. Docketing of case.—Upon receiving the original record or the record on
appeal and the accompanying documents and exhibits transmitted by the lower
court, as well as the proof of payment of the docket and other lawful fees, the clerk
of court of the Court of Appeals shall docket the case and notify the parties thereof.
(4a, R46)
Within ten (10) days from receipt of said notice, the appellant, in appeals by record
on appeal, shall file with the clerk of court seven (7) clearly legible copies of the
approved record on appeal, together with the proof of service of two (2) copies
thereof upon the appellee.
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Any unauthorized alteration, omission or addition in the approved record on appeal
shall be a ground for dismissal of the appeal. (n)
CLERK OF COURT OF CA, upon receiving:
a) the orig record or the record on appeal
b) the accompanying docs and exhibits transmitted by the lower court
c) proof of payment of the docket and other lawful fees
shall docket the case and notify the parties thereof.
w/in 10 days from receipt of said notice, the appellant, in appeals by RECORD ON
APPEAL, shall file w/the clerk of court:
a) 7 clearly legible copies of the approved record on appeal
b) Proof of service of 2 copies thereof upon the appellee
GROUND FOR DISMISSAL: any unauthorized alteration, omission or addition in the
approved record of appeal
SEC. 5. Completion of record.—Where the record of the docketed case is
incomplete, the clerk of court of the Court of Appeals shall so inform said court and
recommended to it measures necessary to complete the record. It shall be the duty
of said court to take appropriate action towards the completion of the record within
the shortest possible time. (n)
If the record is still uncomplete, the CA CLERK OF COURT shall inform the RTC
CLERK OF COURT and recommend measures necessary to complete the record.
Duty of said court to complete the record w/in the shortest possible time.
SEC. 6. Dispensing with complete record.—Where the completion of the record could
not be accomplished within a sufficient period allotted for said purpose due to
insuperable or extremely difficult causes, the court, on its own motion or on motion
of any of the parties, may declare that the record and its accompanying transcripts
and exhibits so far available are sufficient to decide the issues raised in the appeal,
and shall issue an order explaining the reasons for such declaration. (n)
If completion of the record CANNOT BE ACCOMPLISHED w/in a sufficient period due
to INSUPERABLE OR EXTREMELY DIFFICULT CAUSE, the court:
a. On its own motion; or
b. On motion of any of the parties
May declare that the record and its accompanying transcripts and exhibits are
already sufficient to decide the issues.
SEC. 7. Appellant’s brief.—It shall be the duty of the appellant to file with the court,
within forty-five (45) days from receipt of the notice of the clerk that all the
evidence, oral and documentary, are attached to the record, seven (7) copies of his
legibly typewritten, mimeographed or printed brief, with proof of service of two (2)
copies thereof upon the appellee. (10a, R46)
W/in 45 DAYS fr receipt of the notice of the clerk that all the evidence are attached
to the record, appellant shall file to the court:
1. 7 copies of his legibly typewritten, mimeographed or printed brief
2. With proof of service of 2 copies thereon upon appellant
 Failure to file AND to make specific assignment of errors in his brief OR page
references is sufficient ground for DISMISSAL
If motion to dismiss is filed = suspends the running of the period for filing the
appellant’s brief
SEC. 8. Appellee’s brief—Within forty-five (45) days from receipt of the appellant’s
brief, the appellee shall file with the court seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of two (2) copies thereof upon
the appellant. (11a, R46)
W/in 45 DAYS fr receipt of appellant’s brief, appellee shall file w/the court:
3. 7 copies of his legibly typewritten, mimeographed or printed brief
4. With proof of service of 2 copies thereon upon appellant
SEC. 9. Appellant’s reply brief.—Within twenty (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. (12, R46)
W/in 20 DAYS fr receipt of the appellee’s brief, the appellant may file a reply brief
answering points not covered in his main brief.
SEC. 10. Time of filing memoranda in special cases.—In certiorari, prohibition,
mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of
briefs, their respective memoranda within a non-extendible period of thirty (30)
days from receipt of the notice issued by the clerk that all the evidence, oral and
documentary, is already attached to the record. (13a, R46)
The failure of the appellant to file his memorandum within the period therefor may
be a ground for dismissal of the appeal. (n)
Instead of briefs, parties should file MEMORANDA win a non-extendible period of 30
DAYS for:
a) Certiorari
b) Prohibition
c) Mandamus
d) Quo warranto
e) Habeas corpus
Failure to file is ground for DISMISSAL
SEC. 11. Several appellants or appellees or several counsel for each party.—Where
there are several appellants or appellees, each counsel representing one or more
but not all of them shall be served with only one copy of the briefs. When several
counsel represent one appellant or appellee, copies of the brief may be served upon
any of them. (14a, R46)
SEVERAL Each counsel representing 1/more but not
APPELLANTS OR all of them shall be served w/only 1 copy of
APPELLEES the briefs
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SEVERAL Representing 1 appellant or appellee,
COUNSELS copies of the brief may be filed on any of
them
SEC. 12. Extension of time for filing briefs.—Extension of time for the filing of briefs
will not be allowed, except for good and sufficient cause, and only if the motion for
extension is filed before the expiration of the time sought to be extended. (15, R46)
Gen. Rule: not allowed!
Exception: for good and sufficient cause AND only if motion for extension is filed
before the time sought to be extended expires
SEC. 13. Contents of appellant’s brief.—The appellant’s brief shall contain, in the
order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest 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) An assignment of errors intended to be urged, which errors shall be
separately, distinctly and concisely stated without repetition and numbered
consecutively;
(c) Under the heading “Statement of the Case,” a clear and concise
statement of the nature of the action, a summary of the proceedings, the appealed
rulings and orders of the court, the nature of the judgment and any other matters
necessary to an understanding of the nature of the controversy, with page
references to the record;
(d) Under the heading “Statement of Facts,” a clear and concise statement
in a narrative form of the facts admitted by both parties and of those in controversy,
together with the substance of the proof relating thereto in sufficient detail to make
it clearly intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted
to the court for its judgment;
(f) Under the heading “Argument,” the appellant’s arguments on each
assignment of error with page references to the record. The authorities relied upon
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:
(g) Under the heading “Relief,” a specification of the order or judgment
which the appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant’s brief shall
contain, as an appendix, a copy of the judgment or final order appealed from. (16a,
R46)
1) Subject index
2) Assignment of errors
3) Statement of the case
4) Statement of facts
5) Concise statement of issues of fact or law
6) Argument
7) Relief sought
8) Append the copy of the judgment or final order appealed from (only if not record
on appeal)
SEC. 14. Contents of appellee’s brief.—The appellee’s brief shall contain, in the
order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest 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. (17a, R46)
1) Subject index
2) Statement of facts
3) Issues of fact or law
SEC. 15. Questions that may be raised on appeal.-Whether or not the appellant has
filed a motion for new trial in the 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. (18, R46)
Only questions of fact and law on the assignment of errors thatL
1) Has been raised in the court below;
2) w/in the issues framed by the parties
RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME COURT
SECTION 1. Filing of petition with Supreme Court.—A party desiring to appeal by
certiorari from a judgment or final order or resolution of the Court of Appeals, the
Sandiganbayan, the Regional Trial Court or other courts whenever authorized by
law, may file with the Supreme Court a verified petition for review on certiorari. The
petition shall raise only questions of law which must be distinctly set forth. (1a, 2a)
-Whenever authorized by law, may file with the SC a verified PETITION FOR REVIEW
ON CERTIORARI
-Petition may include an application for a writ of preliminary injunction or other
provisional remedies
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-Only questions of law
-Petition for review on certiorari applies:
a. Appeal from judgment or final order of the RTC in its original jurisdiction; only
questions of law
b. Appeal from judgment or final order or resolutions of CA; only questions of law
c. Appeal from judgment or final order or resolutions of Sandiganbayan; only
questions of law
d. Appeal from decision or ruling of CTA EN BANC
e. Appeals from judgment or final order in a petition for a writ of amparo to the SC
f. Appeals from judgment or final order in a petition for a writ of habeas data
GEN. RULE: Findings of fact of the CA are final and conclusive and cannot be
reviewed on appeal to the SC
EXCEPT:
1. When the finding is grounded entirely on SPECULATIONS, SURMISE OR
CONJENCTURE
2. Inference made is MANIFESTLY ABSURD
3. Judgment is premised on a MISREPRESENTATION OF FACTS
4. GRAVE ABUSE OF DISCRETION in the appreciation of fact
5. Findings of fact are CONFLICTING
6. CA in making its findings WENT BEYOND ISSUES OF THE CASE and the
same is contrary to both the admissions appellant and appellees
7. Findings of fact of the CA are at VARIANCE OF THE TC the SC has to review
the evidence in order to arrive at the correct findings based on the record
8. FINDINGS OF FACT ARE CONCLUSIVE WITHOUT CITATION of specific
evidence on which they are based
9. Facts set forth in the petition as well as in the PETITIONER’S MAIN AND
REPLY BRIEFS ARE NOT DISPUTED by the respondents
10. Findings of fact of CA is PREMISED ON SUPPOSED EVIDENCE and is
contradicted by the evidence on record
11. Certain MATERIAL FACTS and the circumstances have been OVERLOOKED
by the TC which if taken into account would ALTER RESULT of the case in
that they would entitle the accused to acquittal
-NOT a matter of right but of sound JUICIAL DISCRETION
-Findings of fact of the CA, as affirmed on appeal by CA are conclusive on SC
SEC. 2. Time for filing; extension.—The petition shall be filed within fifteen (15)
days from notice of the judgment or final order or resolution appealed from, or of
the denial of the petitioner’s motion for new trial or reconsideration filed in due time
after notice of the judgment. On motion duly filed and served, with full payment of
the docket and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Supreme Court may for justifiable reasons grant an
extension of thirty (30) days only within which to file the petition. (1a, 5a)
-Petition shall be filed within 15D from notice of the judgment or final order or
resolution appealed from OR denial of petitioner’s MNT or MR filed in due time after
notice of judgment
-SC may for JUSTIFIABLE REASONS grant an extension of 30D only within which to
file petition provided that: (a) there is motion for extension of time duly filed and
served (b) there is full payment of the docket and other lawful fees and (c) motion
is filed and served and payment is made before expiration of reglementary period
SEC. 3. Docket and other lawful fees; proof of service of petition.—Unless he has
theretofore done so, the petitioner shall pay the corresponding docket and other
lawful fees to the clerk of court of the Supreme Court and deposit the amount of
P500.00 for costs at the time of the filing of the petition. Proof of service of a copy
thereof on the lower court concerned and on the adverse party shall be submitted
together with the petition. (1a)
-Petitioner shall pay corresponding docket and other lawful fees to the clerk of court
of SC and 500 deposit for costs
-Proof of service of a copy on the lower court concerned and on the adverse party
shall be submitted together with petition
SEC. 4. Contents of petition—The petition shall be filed in eighteen (18) copies, with
the original copy intended for the court being indicated as such by the petitioner,
and shall (a) state the full name of the appealing party as the petitioner and the
adverse party as respondent, without impleading the lower courts or judges thereof
either as petitioners or respondents; (b) indicate the material dates showing when
notice of the judgment or final order or resolution subject thereof was received,
when a motion for new trial or reconsideration, if any, was filed and when notice of
the denial thereof was received; (c) set forth concisely a statement of the matters
involved, and the reasons or arguments relied on for the allowance of the petition;
(d) be accompanied by a clearly legible duplicate original, or a certified true copy of
the judgment or final order or resolution certified by the clerk of court of the court a
quo and the requisite number of plain copies thereof, and such material portions of
the record as would support the petition; and (e) contain a sworn certification
against forum shopping as provided in the last paragraph of section 2, Rule 42. (2a)
1. State FULL NAMES Of appealing party
2. Specific MATERIAL DATES showing it was filed on time
3. Statement of MATTERS INVOLVED and REASONS relied upon for allowance
of appeal
4. Clearly LEGIBLE DUPLICATE of original or certified true copy of judgment
5. Certificate of NON-FORUM SHOPPING
SEC. 5. Dismissal or denial of petition.—The failure of the petitioner to comply with
any of the foregoing requirements regarding the payment of the docket 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.
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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. (3a)
1. Failure of petitioner to comply with requirements
2. Appeals without merit
3. Prosecuted manifestly for delay
4. Question raised therein are too unsubstantial to require consideration
-SC may dismiss petition motu proprio
SEC. 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
court’s 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. (4a)
-Review will be granted only when there are special and important reasons
Character of the reasons to be considered:
1. Court has decided question of substance, not determined by SC or has
decided in a way probably in accord with law or with applicable decisions of
the SC
2. Court has so far departed from accepted and usual course of judicial
proceedings or so far sanctioned such departure by a lower court, as to call
for an exercise of power of supervision
SEC. 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 sanctions
in case of non-filing or unauthorized filing of such pleadings and documents or non-
compliance with the conditions thereof. (n)
-SC may require or allow filing of such pleadings, briefs, memoranda or documents
within such periods and under such conditions as it may consider appropriate
-SC may impose corresponding sanctions in case of non-filing or unauthorized filing
or non-compliance with conditions
SEC. 8. Due course; elevation of records.—If the petition is given due course, the In actions filed under Rule 65, the petition shall further indicate the material dates
Supreme Court may require the elevation of the complete record of the case or showing when notice of the judgment or final order or resolution subject thereof was
specified parts thereof within fifteen (15) days from notice. (2a) received, when a motion for new trial or reconsideration, if any, was filed and when
notice of the denial thereof was received.
If petition is given due course-> SC may require elevation of complete record of
case or specified parts within 15D from notice It shall be filed in seven (7) clearly legible copies together with proof of service
thereof on the respondent with the original copy intended for the court indicated as
such by the petitioner, and shall be accompanied by a clearly legible duplicate
SEC. 9. Rule applicable to both civil and criminal cases.—The mode of appeal
original or certified true copy of the judgment, order, resolution, or ruling subject
prescribed in this Rule shall be applicable to both civil and criminal cases, except in
thereof, such material portions of the record as are referred to therein, and other
criminal cases where the penalty imposed is death, reclusion perpetua or life
documents relevant or pertinent thereto. The certification shall be accomplished by
imprisonment. (n)
the proper clerk of court or by his duly authorized representative, or by the proper
GEN. RULE: Applicable to both civil AND criminal cases officer of the court, tribunal, agency or office involved or by his duly authorized
EXCEPT: in criminal cases where penalty imposed is death, reclusion perpetua or life representative. The other requisite number of copies of the petition shall be
imprisonment accompanied by clearly legible plain copies of all documents attached to the original.
RULE 46 - ORIGINAL CASES (in the CA)
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
SECTION 1. Title of cases.—In all cases originally filed in the Court of Appeals, the
Supreme Court, the Court of Appeals or different divisions thereof, or any other
party instituting the action shall be called the petitioner and the opposing party the
tribunal or agency; if there is such other action or proceeding, he must state the
respondent. (1a)
status of the same; and if he should thereafter learn that a similar action or
Petitioner = party instituting the action proceeding has been filed or is pending before the Supreme Court, the Court of
Respondent = opposite party Appeals, or different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other tribunal or agency
SEC. 2. To what actions applicable.—This Rule shall apply to original actions for thereof within five (5) days therefrom.
certiorari, prohibition, mandamus and quo warranto.
The petitioner shall pay the corresponding docket and other lawful fees to the clerk
Except as otherwise provided, the actions for annulment of judgment shall be of court and deposit the amount of P500.00 for costs at the time of the filing of the
governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for petition.
quo warranto by Rule 66. (n)
The failure of the petitioner to comply with any of the foregoing requirements shall
1) Certiorari be sufficient ground for the dismissal of the petition. (n)
2) Prohibition
3) Mandamus The petition shall contain:
4) Quo warranto 1) Full names and actual addresses of all petitioners and respondents
5) Habeas Corpus, Habeas Data 2) A concise statement of the matters involved
6) Writs of Amparo and Kalikasan 3) Factual background of the case
7) AMLA 4) Grounds relied upon for the relief applied for

NOTE: A Notary Pub. can no longer rely on CTC for proof of identification of Affiant.
And accompanied by:
Except as otherwise provided, these actions will be governed by the ff: 1) proof of service on the respondent
1) Annulment of judgment- Rule 47 2) clearly legible duplicate original or certified true copy of the judgment, order,
2) Certiorari, prohibition and mandamus- Rule 65 resolution or ruling
3) Quo warranto- Rule 66 3) certificate for non-form shopping
4) payment of corresponding docket and lawful fees w/clerk of court
SEC. 3. Contents and filing of petition; effect of non-compliance with 5) deposit of P500 for costs
requirements.—The petition shall contain the full names and actual addresses of all
[This list is also applicable to Rule 65]
the petitioners and respondents, a concise statement of the matters involved, the
factual background of the case, and the grounds relied upon for the relief prayed
for.

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SEC. 4. Jurisdiction over person of respondent, how acquired.—The court shall Annulment of judgment: An Original Action, independent of the case where
acquire jurisdiction over the person of the respondent by the service on him of its judgment sought to be annulled was rendered and may be availed of though
judgment has already been executed
order or resolution indicating its initial action on the petition or by his voluntary
Nature: independent civil action
submission to such jurisdiction. (n)
Judgments, final orders or Judgments, final orders or
1) service on him; or
2) order or resolution indicating its initial action on the petition; or resolutions of RTC resolutions of MTC
3) respondent’s voluntary submission to such jurisdiction Filed with CA-> has exclusive Filed with RTC-> court of
jurisdiction over said action general jurisdiction
SEC. 5. Action by the court.—The court may dismiss the petition outright with CA may dismiss outright; it has RTC has no discretion;
specific reasons for such dismissal or require the respondent to file a comment on discretion on w/n to entertain required to consider it as an
the same within ten (10) days from notice. Only pleadings required by the court petition ordinary civil action
shall be allowed. All other pleadings and papers, may be filed only with leave of
court. (n) -Petitioner must have:
a. Failed to mover for MNT
Court may: b. Appeal
1) DISMISS OUTRIGHT w/specific reasons for such dismissal c. File petition for relief
2) REQUIRE the respondent to file a COMMENT on the same w/in 10 days from d. Take other appropriate remedies assailing questioned judgment through no
notice = only pleadings required by the court shall be allowed fault attributable to him
-If petitioner failed to avail of remedies without sufficient jurisdiction-> CANNOT
SEC. 6. Determination of factual issues—Whenever necessary to resolve factual resort to annulment provided in this rule
issues, the court itself may conduct hearings thereon or delegate the reception of
the evidence on such issues to any of its members or to an appropriate court, SEC. 2. Grounds for annulment.—The annulment may be based only on the grounds
agency or office. (n) of extrinsic fraud and lack of jurisdiction.

If necessary to resolve factual issues:
1) COURT itself may conduct hearings OR
2) DELEGATE the reception of evidence on such issues to any of its MEMBERS or to
an appropriate COURT, AGENCY or OFFICE.
SEC. 7. Effect of failure to file comment.—When no comment is filed by any of the
respondents, the case may be decided on the basis of the record, without prejudice
to any disciplinary action which the court may take against the disobedient party.
(n)
Case may be decided on the basis of the record,w/o prejudice to any disciplinary
action the court may take against the disobedient party
Extrinsic fraud shall not be a valid ground if it was availed of, or could have been
availed of, in a motion for new trial or petition for relief. (n)
1. Extrinsic fraud (fraudulent act of prevailing party in litigation w/c is
committed outside of trail where defeated party has been prevented from
exhibiting fully & fairly presenting his side of the case) or collateral fraud
*shall not be valid ground if it was availed of or could have been availed of
in a MNT or petition for relief
2. Lack of jurisdiction over subject matter and over person (may be barred by
estoppel by laches w/c is that failure to do something w/c should be done
or to claim/enforce right at proper time/ neglect to do something w/c one
should do or seek or enforce a right at proper time)
SEC. 3. Period for filing action.—If based on extrinsic fraud, the action must be filed
within four (4) years from its discovery; and if based on lack of jurisdiction, before it
is barred by laches or estoppel. (n)

RULE 47 - ANNULMENT OF JUDGMENT OR FINAL ORDERS AND RESOLUTION

SECTION 1. Coverage.—This Rule shall govern the annulment by the Court of
Appeals of judgments or final orders and resolutions in civil actions of Regional Trial
Courts for which the ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available through no fault of the
petitioner. (n)
-Based on extrinsic fraud: filed within 4yrs from discovery
-Based on lack of jurisdiction: before barred by laches or estoppels
SEC. 4. Filing and contents of petition.—The action shall be commenced by filing a
verified petition alleging therein with particularity the facts and the law relied upon
for annulment, as well as those supporting the petitioner’s good and substantial
cause of action or defense, as the case may be.

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The petition shall be filed in seven (7) clearly legible copies, together with sufficient
copies corresponding to the number of respondents. A certified true copy of the
judgment or final order or resolution shall be attached to the original copy of the
petition intended for the court and indicated as such by the petitioner.
The petitioner shall also submit together with the petition affidavits of witnesses or
documents supporting the cause of action or defense and 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 five (50 days therefrom. (n)
Action commenced by filing:
1. Verified petition alleging:
-With particularity- facts and law relied upon
-Petitioner’s good and substantial cause of action/defense
2. 7 legible copies
3. Certified true copy of judgment/final order/resolution
4. Affidavits of witnesses or documents supporting cause of action/defense
5. Certificate of non-forum shopping
NOTE: The court shall serve notice of the Original Action of the court and serve it
upon the concerned party.
SEC. 5. Action by the court.—Should the court find no substantial merit in the
petition, the same may be dismissed outright with specific reasons for such
dismissal.
Should prima facie merit be found in the petition, the same shall be given due
course and summons shall be served on the respondent. (n)
2 Stages:
1. Preliminary evaluation of petition for prima facie merit therein
2. Issuance of summons as in ordinary civil cases and such appropriate
proceedings
-Allows CA to dismiss petition outright
-For court to acquire jurisdiction over respondent, rule requires issuance of
summons should prima facie merit be found in petition and same is given due
course.
SEC. 6. Procedure.—The procedure in ordinary civil cases shall be observed. Should
a trial be necessary, the reception of the evidence may be referred to a member of
the court or a judge of a Regional Trial Court. (n)
-Procedure in ordinary civil cases shall be observed
-If trial is necessary-> reception of evidence may be referred to member of court or
RTC judge
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SEC. 7. Effect of judgment- A judgment of annulment shall set aside the questioned
judgment or final order or resolution and render the same null and void, without
prejudice to the original action being refiled in the proper court. However, where
the judgment or final order or resolution is set aside on the ground of extrinsic
fraud, the court may on motion order the trial court to try the case as if a timely
motion for new trial had been granted therein. (n)
EFFECTS:
1. Set aside questioned judgment and render as null and void (w/o prejudice
to original action being refiled in court)
2. IF set aside on ground of extrinsic fraud-> court may on motion order TC
to try case as if a timely MNT has been granted
SEC. 8. Suspension of prescriptive period.—The prescriptive period for the refiling of
the aforesaid original action shall be deemed suspended from the filing of said
original action until the finality of the judgment of annulment. However, the
prescriptive period shall not be suspended where the extrinsic fraud is attributable
to the plaintiff in the original action. (n)
-Prescriptive period for re-filing of original action deemed suspended from filing of
original action until finality of judgment of annulment
-Prescriptive period NOT suspended where extrinsic fraud is attributable to plaintiff
SEC. 9. Relief available.—The judgment of annulment may include the award of
damages, attorney’s fees and other relief.
If the questioned judgment or final order or resolution had already been executed,
the court may issue such orders of restitution or other relief as justice and equity
may warrant under the circumstances. (n)
-Judgment may include award of damages, attorney’s fees and other relief
-If judgment already executed-> court may issue orders of restitution or other relief
as justice and equity may warrant
SEC. 10. Annulment of judgments or final orders of Municipal Trial Courts.—An
action to annul a judgment or final order of a Municipal Trial Court shall be filed in
the Regional Trial Court having jurisdiction over the former. It shall be treated as
an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule shall be
applicable thereto. (n)
-Filed with RTC having jurisdiction over MTC
GEN. RULE: Annulment of judgment is available only to a litigant
EXCEPT: person need not be party to judgment sought to be annulled. He should be
able to prove his allegation that judgment was obtained by use of fraud and
collusion and he would be adversely affected
RULE 48 - PRELIMINARY CONFERENCE
CA may conduct and it works like a pre-trial:
1. Compromise
2. Identify issues
 3. Stipulate facts (only if there’s a MNT)
Applies to original actions and appealed cases
Effect of absence = DISMISSAL Rule 50 (dismissals in CA on appeal)
SECTION 1. Preliminary conference.—At any time during the pendency of a case,
the court may call the parties and their counsel to a preliminary conference.
(a) To consider the possibility of an amicable settlement, except when the
case is not allowed by law to be compromised;
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary
exhibits, limit the number of witnesses to be presented in cases falling within the
original jurisdiction of the court, or those within its appellate jurisdiction where a
motion for new trial is granted on the ground of newly discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt
disposition of the case. (Rule 7, CA Internal Rules) (n)
Anytime during the pendency of a case, the court may call the parties and their
counsel for a preliminary conerence.
SEC. 2. Record of the conference.—The proceedings at such conference shall be
recorded and, upon the conclusion thereof, a resolution shall be issued embodying
all the actions taken therein, the stipulations and admissions made, and the issues
defined. (n)
Proceedings shall be recorded
Upon end of proceedings, a resolution shall be issued
o Embodying all the actions taken therein, the stipulations and admissions made,
and the issues defined
SEC. 3. Binding effect of the results of the conference.—Subject to such
modifications which may be made to prevent manifest injustice, the resolution in the
preceding section shall control the subsequent proceedings in the case unless, within
five (5) days from notice thereof, any party shall satisfactorily show valid cause why
the same should not be followed. (n)
The resolution shall control the subsequent proceedings in te case unless, w/in 5
days from notice thereof, a party shall satisfactorily show valid cause why the same
should not be allowed
o But the resolution shall be subject to such modifications w/c may be made to
prevent manifest injustice
RULE 49 - ORAL ARGUMENT
SECTION 1. When allowed.—At its own instance or upon 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 connection therewith. (n)
The oral argument shall be limited to such matters as the court may specify in its
order of resolution. (1a, R48)
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-Upon court’s own instance OR upon motion of party-> court may hear parties in
oral argument on merits of case or any material incident in connection therewith
-Oral arguments only in original actions
-Motion in CA & SC requires no notice of hearing
SEC. 2. Conduct of oral argument—Unless authorized by the court, only one counsel
may argue for a party. The duration allowed for each party, the sequence of the
argumentation, and all other related matters shall be as directed by the court. (n)
-Only one counsel may argue for party, unless authorized by court
-Duration allowed for each party, sequence and all other related matters-> directed
by court
SEC. 3. No hearing or oral argument for motions.—Motions shall not be set for
hearing and, unless the court otherwise directs, no hearing or oral argument shall
be allowed in support thereof. The adverse party may file objections to the motion
within five (5) days from service, upon the expiration of which such motion shall be
deemed submitted for resolution. (2a, R49)
-Motions in SC & CA do NOT contain notices of hearing because no oral arguments
will be heard in support of it
-If CA desires to hold hearing-> CA will set date with notice to parties
RULE 50 - DISMISSAL OF APPEAL
SECTION 1. Grounds for dismissal of appeal—An appeal may be dismissed by the
Court of Appeals, on its own motion or on that of the appellee, on the following
grounds:
(a) Failure of the record on appeal to show on its face that the appeal was
taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within the
period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as
provided in section 4 of Rule 41;
(d) Unauthorized alterations, omissions or additions in the approved record
on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of copies of
his brief or memorandum within the time provided by these Rules;
(f) Absence of specific assignment of errors in the appellant’s brief, or of
page references to the record as required in section 13, paragraphs (a), (c), (d) and
(f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the correction or
completion of the record within the time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary conference under
Rule 48 or to comply with orders, circulars, or directives of the court without
justifiable cause; and
(i) The fact that order or judgment appealed from is not appealable.
(1a)
CA, on its own motion or on that of appellee may dismiss on the ff grounds:
1. Failure of the record on appeal to show on its face that it was taken w/in the
period fixed
2. Failure to file notice of appeal OR record on appeal w/in period prescribed
3. Failure to pay docket and other lawful fees
4. Unauthorized alterations, omissions or additions
5. Failure of the appellant to serve and file the required number of copies of his brief
or memorandum
6. Absence of specific assignment of errors or page references in appellant’s brief
7. Failure of appellant to take the necessary steps for the correction or completion of
the record w/in the time limited by the court
8. Failure of the appellant to appear at the preliminary conference
9. Order or judgment appealed from is not appealable
Other grounds:
1. Agreement of the parties as where the case was amicably settled by them;
2. Appealed case has become moot or academic
3. Appeal is frivolous or dilatory
4. Failure to file an appellants brief.
SEC. 2. Dismissal of improper appeal to the Court of Appeals.—An appeal under Rule
41 taken from the Regional Trial Court to the Court of Appeals raising only questions
of law shall be dismissed, issues purely of law not being reviewable by said court.
Similarly, an appeal by notice of appeal instead of by petition for review from the
appellate judgment of a Regional Trial Court shall be dismissed. (n)
An appeal erroneously taken to the Court of Appeals shall not be transferred to the
appropriate court but shall be dismissed outright. (3a)
Appeal under Rule 41 to the RTC or CA only on questions of law will be dismissed
Appeal by notice of appeal instead of petition for review from appellate judgment
of RTC will be dismissed
SEC. 3. Withdrawal of appeal.—An appeal may be withdrawn as of right at any time
before the filing of the appellee’s brief. Thereafter, the withdrawal may be allowed in
the discretion of the court. (4a)
AS A RIGHT: anytime before the filling of the appellee’s brief
DISCRETIONARY: after the appellee has filed his brief
CHINA ROAD & BRIDGE CORPORATION v. CA
We agree with private respondent that in a motion to dismiss due to failure to state
a cause of action, the trial court can consider all the pleadings filed, including
annexes, motions and the evidence on record. However in so doing, the trial court
does not rule on the truth or falsity of such documents. It merely includes such
documents in the hypothetical admission. Any review of a finding of lack of cause of
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action based on these documents would not involve a calibration of the probative
value of such pieces of evidence but would only limit itself to the inquiry of whether
the law was properly applied given the facts and these supporting documents.
Therefore, what would inevitably arise from such a review are pure questions of law,
and not questions of fact.
RULE 51 - JUDGMENT
SECTION 1. When case deemed submitted for judgment.—A case shall be deemed
submitted for judgment:
A. In ordinary appeals.—
1) Where no hearing on the merits of the main case is held, upon the filing of the
last pleading, brief, or memorandum required by the Rules or by the court itself, or
the expiration of the period for its filing.
2) Where such a hearing is held, upon its termination or upon the filing of the last
pleading or memorandum as may be required or permitted to be filed by the court,
or the expiration of the period for its filing.
B. In original actions and petitions for review.—
1) Where no comment is filed, upon the expiration of the period to comment.
2) Where no hearing is held, upon the filing of the last pleading required or
permitted to be filed by the court, or the expiration of the period for its filing.
3) Where a hearing on the merits of the main case is held, upon its termination or
upon the filing of the last pleading or memorandum as may be required or permitted
to be filed by the court, or the expiration of the period for its filing. (n)
A. In ordinary appeals
-No hearing on merits: upon filing last pleading, brief or memorandum or
expiration of period for its filing
-With hearing: upon its termination or upon filing of last pleading or
memorandum as may be required or permitted to be filed by court; or
expiration of period for filing
B. In original actions and petition for review
-No comment is filed: upon expiration of period to comment
-No hearing is held: upon filing last pleading, brief or memorandum or
expiration of period for its filing
-With hearing: upon its termination n or upon filing of last pleading or
memorandum as may be required or permitted to be filed by court; or
expiration of period for filing
-Law of the case: opinion delivered on a former appeal; whatever is once irrevocably
established, as the controlling legal rule or decision between same parties in same
case, continues to be law of case whether correct on general principles or not, so
long as facts on which decision was predicated continue to be the facts
-This rule DOES NOT APPLY to resolutions rendered in connection with the case
wherein no rationale has been expounded on the merits of that action
SEC. 2. By whom rendered.—The judgment shall be rendered by the members of
the court who participated in the deliberation on the merits of the case before its
assignment to a member for the writing of the decision. (n)
-Members who participated in deliberation on merits of the case before its
assignment to a member for the writing of the decision
SEC. 3. Quorum and voting in the court—The participation of all three Justices of a
division shall be necessary at the deliberation and the unanimous vote of the three
Justices shall be required for the pronouncement of a judgment or final resolution.
If the three Justices do not reach a unanimous vote, the clerk shall enter the votes
of the dissenting Justices in the record. Thereafter, the Chairman of the division
shall refer the case, together with the minutes of the deliberation, to the Presiding
Justice who shall designate two Justices chosen by raffle from among all the other
members of the court to sit temporarily with them, forming a special division of five
Justices. The participation of all the five members of the special division shall be
necessary for the deliberation required in section 2 of this Rule and the concurrence
of a majority of such division shall be required for the pronouncement of a judgment
or final resolution. (2a)
-Judgment must be signed and promulgated during incumbency of judge who signed
it
-Where decision was promulgated after 2 of 3 justices necessary to constitute a
quorum in a division had lost their authority to act as justices-> decision is null &
void
SEC. 4. Disposition of a case.—The Court of Appeals, in the exercise of its appellate
jurisdiction, may affirm, reverse, or modify the judgment or final order appealed
from, and may direct a new trial or further proceedings to be had. (3a)
-CA in exercise of appellate jurisdiction-> affirm, reverse or modify judgment or
final order appealed from & may direct new trial or further proceedings be held
SEC. 5. Form of decision.—Every decision or final resolution of the court in appealed
cases shall clearly and distinctly state the findings of fact and the conclusions of law
on which it is based, which may be contained in the decision or final resolution itself,
or adopted from those set forth in the decision, order, or resolution appealed from.
(Sec. 40, BP Blg. 129) (n)
-Requirement for statement of fact & law-> refers to decision or final resolution
-Petitions for review & MR-> requires statement of legal basis
-Court may opt (but not required) issue an extended resolution thereon
Memorandum decision: rendered by appellate court w/c incorporates by reference
findings of fact and conclusions of law contained in decision of lower court
SEC. 6. Harmless error.—No error in either the admission or the exclusion of
evidence and no error or defect in any ruling or order or in anything done or omitted
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by the trial court or by any of the parties is ground for granting a new trial or for
setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with substantial justice. The
court at every stage of the proceeding must disregard any error or defect which
does not affect the substantial rights of the parties. (5a)
-Court at every stage of proceedings-> must disregard any error or defect w/c does
not affect substantial rights of parties
GEN. RULE: Appellate court can only rule on basis of grounds raised as errors on
appeal
EXCEPT:
1. Those affecting jurisdiction over subject matter
2. Evidently plain and clerical errors within contemplation of law
3. In order to subserve ends of justice
4. Matters raised in TC having some bearing on issue which parties failed to
raise or which lower court ignored
5. Matters closely related to error assigned
SEC. 7. Judgment where there are several parties.—In all actions or proceedings, an
appealed judgment may be affirmed as to some of the appellants, and reversed as
to others, and the case shall thereafter be proceeded with, so far as necessary, as if
separate actions had been begun and prosecuted; and execution of the judgment of
affirmance may be had accordingly, and costs may be adjudged in such cases, as
the court shall deem proper. (6)
-Appealed judgment may be affirmed as to some of appellants and reversed as to
others
-Case shall be proceeded with as if separate actions had been begun and prosecuted
-Execution of judgment of affirmance may be had accordingly, costs may be
adjudged in such cases as court shall deem proper
SEC. 8. Questions that may be decided.—No error which does not affect the
jurisdiction over the subject matter or the validity of the judgment appealed from or
the proceedings therein will be considered unless stated in the assignment of errors,
or closely related to or dependent on an assigned error and properly argued in the
brief, save as the court may pass upon plain errors and clerical errors. (7a)
GEN. RULE: unless assigned or closely related to or dependent on an assigned error-
> no error shall be considered
EXCEPT:
1. Error in jurisdiction over subject matter
2. Validity of judgment appealed from or proceedings therein
SEC. 9. Promulgation and notice of judgment.—After the judgment or final
resolution and dissenting or separate opinions, if any, are signed by the Justices
taking part, they shall be delivered for filing to the clerk who shall indicate thereon
the date of promulgation and cause true copies thereof to be served upon the
parties or their counsel. (n)
-In justifiable situations or by agreement in division-> filing of dissenting or
separate opinions may be reserve or majority opinion may be promulgated w/o
prejudice subsequent issuance of more extended opinion provided requisite votes
for promulgation of judgment have been obtained and recorded
SEC. 10. Entry of judgments and final resolutions.—If no appeal or motion for new
trial or reconsideration is filed within the time provided in these Rules, the judgment
or final resolution shall forthwith be entered by the clerk in the book of entries of
judgments. The date when the judgment or final resolution becomes executory
shall be deemed as the date of its entry. The record shall contain the dispositive
part of the judgment or final resolution and shall be signed by the clerk, with a
certificate that such judgment or final resolution has become final and executory.
(2a, R36)
-If no MNT or MR filed within time provided in Rules-> judgment or final resolution
shall be entered by clerk in book of entries of judgments
-Date when judgment/final resolution becomes executory-> deemed as date of
entry
-Record shall contain dispositve part-> signed by clerk w/ certificate that judgment
became final and executory
SEC. 11. Execution of judgment.— Except where the judgment or final order or
resolution, or a portion thereof, is ordered to be immediately executory, the motion
for its execution may only be filed in the proper court after its entry.
In original actions in the Court of Appeals, its writ of execution shall be accompanied
by a certified true copy of the entry of judgment or final resolution and addressed to
any appropriate officer for its enforcement.
In appealed cases, where the motion for execution pending appeal is filed in the
Court of Appeals at a time that it is in possession of the original record or the record
on appeal, the resolution granting such motion shall be transmitted to the lower
court from which the case originated, together with a certified true copy of the
judgment or final order to be executed, with a directive for such court of origin to
issue the proper writ for its enforcement. (n)
GEN. RULE: motion for execution may only be filed in proper court after its entry
EXCEPT: judgment or portion is ordered to be immediately executory
-ORIG. ACTIONS in CA: writ of execution shall be accompanied by certificate true
copy of entry of judgment + addressed to any appropriate officer for enforcement
-APPEALED CASES: motion for execution pending appeal filed in CA at time that it is
in possession of original record/record on appeal, resolution granting such motion-
resolution transmitted to lower court from which case originated + certified true
copy of judgment to be executed for court of origin to issue proper writ for
enforcement
RULE 52 - MOTION FOR RECONSIDERATION
Same as Rule 37 (15 days)
Cannot file for an extension and NO 2nd MR
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SECTION 1. Period for filing.—A party may file a motion for reconsideration of a
judgment or final resolution within fifteen (15) days from notice thereof, with proof
of service on the adverse party. (n)
15 days from notice with proof of service on the adverse party
SEC. 2. Second motion for reconsideration.—No second motion for reconsideration
of a judgment or final resolution by the same party shall be entertained. (n)
SEC. 3. Resolution of motion..—In the Court of Appeals, a motion for
reconsideration shall be resolved within ninety (90) days from, the date when the
court declares it submitted for resolution. (n)
w/in 90 days from the date when the court declares it submitted for resolution
SEC. 4. Stay of execution.—The pendency of a motion for reconsideration filed on
time and by the proper party shall stay the execution of the judgment or final
resolution sought to be reconsidered unless the court, for good reasons, shall
otherwise direct. (n)
pendency of MR filed on time and by the proper party shall stay the execution of
the judgment or final resolution to be reconsidered
UNLESS the court for good reasons, shall otherwise direct
Motion for Reconsideration Motion for New Trial
Grounds: contrary to law, RTC: FAME+ newly discovered evidence.
misappreciation of evidence, excessive CA: Newly discovered evidence.
damages.
RTC: resolved within 30 days RTC: filed within the reglamentary
CA: resolved within 90 days period.
CA: From the time the appeal is
perfected, for as long as the CA has
jurisdiciton.
RULE 53 - NEW TRIAL
SECTION 1. Period for filing; ground.—At any time after the appeal from the lower
court has been perfected and before the Court of Appeals loses jurisdiction over the
case, a party may file a motion for a new trial on the ground of newly discovered
evidence which could not have been discovered prior to the trial in the court below
by the exercise of due diligence and which is of such a character as would probably
change the result. The motion shall be accompanied by affidavits showing the facts
constituting the grounds therefor and the newly discovered evidence. (1a)
MNT: any time after perfection of appeal from decision of lower court and before CA
loses jurisdiction
ONLY GROUND: newly discovered evidence w/c could not have been discovered
before trial in lower court; w/ exercise of due diligence and would alter result
-2nd MNT in CA-> NOT ALLOWED!

SEC. 2. Hearing and order.—The Court of Appeals shall consider the new evidence
together with that adduced at the trial below, and may grant or refuse a new trial,
or may make such order, with notice to both parties, as to the taking of further
testimony, either orally in court, or by depositions, or render such other judgment
as ought to be rendered upon such terms as it may deem just. (2a)
-CA consider new evidence together with adduced evidence from TC
CA may:
¬grant
¬refuse
¬make such order w/ notice to both parties for taking further testimony (orally
or thru depositions)
¬render such judgment as ought to be rendered upon such terms as it may
deem just
SEC. 3. Resolution of motion—In the Court of Appeals, a motion for new trial shall
be resolved within ninety (90) days from the date when the court declares it
submitted for resolution. (n)
-Resolve within 90D from date when court declares as submitted for resolution
SEC. 4. Procedure in new trial—Unless the court otherwise directs, the procedure in
the new trial shall be the same as that granted by a Regional Trial Court. (3a)
-Same as in RTC
RULE 54 - INTERNAL BUSINESS
SECTION 1. Distribution of cases among divisions.—All the cases of the Court of
Appeals shall be allotted among the different divisions thereof for hearing and
decision. The Court of Appeals, sitting en banc, shall make proper orders or rules to
govern the allotment of cases among the different divisions, the constitution of such
divisions, the regular rotation of Justices among them, the filing of vacancies
occurring therein, and other matters relating to the business of the court; and such
rules shall continue in force until repealed or altered by it or by the Supreme Court.
(1a)
all the cases of the CA shall be allotted among the diff decisions for hearing and
decision
CA en banc shall make proper orders or rules to govern the:
1) Allotment of cases among diff divisions
2) Constitution of such divisions
3) Regular rotation of Justices among them
4) Filling of vacances
5) And other matters relating to the business of the court
SEC. 2. Quorum of the court.—A majority of the actual members of the court shall
constitute a quorum for its sessions en banc. Three members shall constitute a
quorum for the sessions of a division. The affirmative votes of the majority of the
members present shall be necessary to pass a resolution of the court en banc. The
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affirmative votes of three members of a division shall be necessary for the
pronouncement of a judgment or final resolution, which shall be reached in
consultation before the writing of the opinion by any member of the division. (Sec.
11, first par. of BP Blg. 129, as amended by Sec. 6 of EO 33). (3a)
Quorum: majority of the actual members for sessions en banc
o 3 members for the sessions of a division
The affirmative vote of the majority of the members present is necessary to pass
a resolution of the court en banc
Affirmative votes of 3 members of a division shall be necessary for the
pronouncement of a judgment or resolution, w/c shall be reached by consultation
before the writing of the opinion by any member of a division
RULE 55 - PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS
SECTION 1. Publication.—The judgments and final resolutions of the court shall be
published in the Official Gazette and in the Reports officially authorized by the court
in the language in which they have been originally written, together with the syllabi
therefor prepared by the reporter in consultation with the writers thereof.
Memoranda of all other judgments and final resolutions not so published shall be
made by the reporter and published in the Official Gazette and the authorized
reports. (1a)
-Judgments & final resolutions published in: Official Gazette and Reports
-In language it was officially written
-Must include syllabi prepare red by reporter in consultation with writers
-Memoranda of all other judgments not published-> made by reporter + published
in OG and authorized reports
SEC. 2. Preparation of opinions for publication.—The reporter shall prepare and
publish with each reported judgment and final resolution a concise synopsis of the
facts necessary for a clear understanding of the case, the names of counsel, the
material and controverted points involved, the authorities cited therein, and a
syllabus which shall be confined to points of law. (Sec. 22a, R.A. No. 296) (n)
Reporter shall prepare and publish with each reported judgment:
a. concise synopsis of facts
b. clear understanding of case
c. names of counsel
d. material and controverted points involved
e. authorities cited
f. syllabus confined to points of law
SEC. 3. General make-up of volumes.—The published decisions and final resolutions
of the Supreme Court shall be called “Philippine Reports,” while those of the Court
of Appeals shall be known as the “Court of Appeals Reports.” Each volume thereof
shall contain a table of the cases reported and the cases cited in the opinions, with a
complete alphabetical index of the subject matters of the volume. It shall consist of
not less than seven hundred, pages printed upon good paper, well bound and
numbered consecutively in the order of the volumes published. (Sec. 23a, R.A. No.
296) (n)
Philippine Reports: published decisions of SC
Court of Appeals Reports: published decisions of CA
-Each volume shall contain: table of cases reported, cases cited in opinions and
alphabetical index of subject matters of volume
-Not less than 700pages in good paper, well bound, numbered consecutively
RULE 56 - PROCEDURE IN THE SC
A. Original cases
SECTION 1. Original cases cognizable.—Only petitions for certiorari, prohibition,
mandamus, quo warranto, habeas corpus, disciplinary proceedings against members
of the judiciary and attorneys, and cases affecting ambassadors, other public
ministers and consuls may be filed originally in the Supreme Court. (n)
Sec.1. Original cases cognizable
1. Certiorari
2. Prohibition
3. Mandamus
4. Quo warranto
5. Habeas corpus
6. Disciplinary proceedings against the judiciary and attorneys
7. Cases affecting ambassadors, other public misters and consuls
8. Validity of Treaties and Tax impositions (provided for under the Constitution)
SEC. 2. Rules applicable.—The procedure in original cases for certiorari, prohibition,
mandamus, quo warranto and habeas corpus shall be in accordance with the
applicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this
Rule, subject to the following provisions:
a) All references in said Rules to the Court of Appeals shall be understood to
also apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and specifically intended
for appealed cases in the Court of Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be filed, together
with proof of service on all adverse parties.
The proceedings for disciplinary action against members of the judiciary shall be
governed by the laws and Rules prescribed therefor, and those against attorneys by
Rule 139-B, as amended. (n)
Must be in accordance with the applicable provisions of the Constitution, laws and
Rules 46, 48, 49, 51 and 52
B. Appealed cases
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SEC. 3. Mode of appeal—An appeal to the Supreme Court may be taken only by a
petition for review on certiorari, except in criminal cases where the penalty imposed
is death, reclusion perpetua or life imprisonment. (n)
Petition for review on certiorari
o Except for criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment
Q: Is there a petition for annullment to the Supreme Court from a decision of the
CA? NO. This is not provided for in the law.
Q: Can you file a Motion for New Trial in the SC? NO.
SEC. 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. (n)
Governed by applicable provisions in the Constitution, laws, Rules 45, 48, secs. 1,
2, and 5-11 of Rules 51, 52 and this rule
SEC. 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. (n)
Appeal may be dismissed motu pro prio OR on motion of the respondent on the ff
grounds:
1. Failure to take the appeal w/in the reglementary period
2. Lack of merit in the petition
3. Failure to comply w/the requirements regarding proof of service and contents of
and the docs w/c should accompany the petition
4. Failure to comply w/any circular, directive or order of the SC w/o justifiable
cause
5. Error in the choice or mode of appeal
6. The fact that the case is not appealable to the SC
SEC. 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 or life imprisonment, an appeal taken to the Supreme Court by notice of
appeal shall be dismissed.

An appeal by certiorari taken to the Supreme Court from the Regional Trial Court
submitting issues of fact may be referred to the Court of Appeals for decision or
appropriate action. The determination of the Supreme Court on whether or not
issues of fact are involved shall be final. (n)

IMPROPER APPEAL ERRONEOUS APPEAL

Choice or mode of appeal was Error in the choice or mode of

correct but the appellant raises appeal
issues w/c the court could not
resolve

e.g. Where petition for review e.g. Appeal taken to the SC is

on certiorari was taken but by notice of appeal instead of
factual issues are invoked for a petition for review on
resolution. certiorari

SC may refer to the CA or SC shall dismiss the appeal

dismiss the appeal outright

SEC. 7. Procedure if opinion is equally divided.—Where the court en banc is equally

divided in opinion, or the necessary majority cannot be had, the case shall again be
deliberated on, and if after such deliberation no decision is reached, the original
action commenced in the court shall be dismissed; in appealed cases, the judgment
or order appealed from shall stand affirmed; and on all incidental matters, the
petition or motion shall be denied. (11a)

Case shall again be deliberated upon

o If not decision is reached, the original action commenced shall be dismissed
o In appealed cases, the judgment order shall be affirmed and on all incidental
matters, the petition or motion shall be denied

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