I.

Bar Exams: 1986, 1987, 1990, 1991, 1996

CIVIL PROCEDURE

PLEADING AN ACTIONABLE DOCUMENT

Actionable document
A document which is really the basis of the cause of action (or defense), and not merely evidentiary
thereof.
[Rule 8, Sec. 7]
Genuineness and due execution of an actionable instrument shall be deemed admitted unless the
adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts. [Rule
8, Sec. 8]
Exception to the requirement of an oath:
when the adverse party does not appear to be a party to the instrument. [Donato v. CA (1993)]
How an action or defense may be based on a document:
(a) By copying a substantial portion of the document into the pleading;
(b) By annexing /incorporating the document into the pleading;
(c) By both copying and annexing document into the pleading.

Bar Exams: 1985

Amended

Supplemental pleadings

Reason for the amendment is available at

time of the 1st pleading.
Either as a matter of right or a matter of
discretion.
Supersedes the pleading.

Grounds for the supplemental pleading arose after

the 1st pleading was filed.
Always a matter of discretion.

When an amended pleading is filed, a new

copy of the entire pleading must be filed.

Supplements the pleading (i.e. Exists side by side

with the original pleading)
A supplemental pleading does not require the filing
of a new copy of the entire pleading.

pleadings

Bar Exams: 1986, 1993, 1994, 2000

[Rule 10, Sec. 1]
(a) Adding an allegation of a party;
(b) Adding the name of a party;
(c) Striking out an allegation of a party;
(d) Striking out the name of a party;
(e) Correcting a mistake in the name of a party; and
(f) Correcting a mistaken or inadequate allegation or description in any other respect.
HOW TO AMEND PLEADINGS

Purpose: That the actual merits of the controversy may speedily be determined, without regard to
technicalities, and in the most expeditious and inexpensive manner.
Form [Rule 10, Sec. 7]
A new copy of the entire pleading, incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed.

Bar Exams: 2003

AMENDMENT AS A MATTER OF RIGHT

Substantial Amendments once, made at any time before a responsive pleading is served. If it is a reply,
once, made at any time within 10 days after it is served. [Rule 10, Sec. 2]
AMENDMENTS BY LEAVE OF COURT

Substantial Amendments - If as a matter of discretion, requires leave of court if:

(a) It is substantial; and

(b) A responsive pleading has already been served. [Rule 10, Sec. 3]

Requisites for amendments by leave of court

(a) Motion filed in court;
(b) Notice to the adverse party;
(c) Opportunity to be heard afforded to the adverse party.

Bar Exams: 2008

Amendment of complaint to implead additional parties.
Under the 1997 Rules of Civil Procedure, 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. (Sec. 5 of Rule 1).
When amendment by leave of court may not be allowed
(a) If the cause of action, defense or theory of the case is changed.
(b) If amendment is intended to confer jurisdiction to the court.
If the court has no jurisdiction in the subject matter of the case, the amendment of the complaint cannot
be allowed so as to confer jurisdiction on the court over the property. [PNB v. Florendo (1992)]
(c) If amendment is for curing a premature or nonexisting cause of action.
(d) If amendment is for purposes of delay.
Note:
(a) Admitting an amended complaint in intervention is a matter addressed to the courts discretion,
subject only to the limitations that amendments should not substantially change the cause of action or
alter the theory of the case or made to delay the action.
(b) Once exercised, it cannot be disturbed on appeal, except in case of abuse thereof.
[Metropolitan Bank v. Presiding Judge (1990)]
[Rule 10, Sec. 4]
(a) A defect in the designation of the parties and other clearly clerical errors may be summarily corrected
by the court motu proprio or by motion at any stage of the action.
(b) Provided that no prejudice is caused to the adverse party.
FORMAL AMENDMENT

Bar Exams: 1992

[Rule 10, Sec. 5] (Asked in the
2004 Bar Exam)
(a) If issues not raised by the pleadings are tried with the express/implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings.
(b) Amendment of 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, any time (even after judgment). But failure to
amend does not affect the result of the trial of these issues.
(c) 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.
AMENDMENTS TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE

Bar Exams: 1999

Bar by prior judgment Judgment on the merits in the 1st case constitutes an absolute bar to the
subsequent action not only as to every matter which was offered and received to sustain or defeat the
claim/demand, but also to any other
admissible matter which might have been offered for that purpose and to all matters that could have
been adjudged in that case.

Bar by prior judgment vs. conclusiveness of judgment

Two concepts of res judicata [ABALOS V. CA 1993, ASKED IN THE 1997 BAR EXAM)]
(1) Bar by prior judgment Judgment on the merits in the 1st case constitutes an absolute bar to the
subsequent action not only as to every matter which was offered and received to sustain or defeat the
claim/demand, but also to any other admissible matter which might have been offered for that purpose
and to all matters that could have been adjudged in that case. (Asked in the 2002 Bar Exam)
(2) Conclusiveness of judgment Where the 2nd action between the parties is upon a different
claim/demand, the judgment in the 1st case operates as an estoppel only with regard to those issues
directly controverted, upon the determination of which the judgment was rendered.

Bar Exams: 1988

Capacity to sue

Bar Exams: 1987, 1988, 1996, 1997, 1998, 1999

Cause of action

Action

(a) A cause of action is the basis of the action filed

[Rule 2, Sec.1]

Ordinary suit in a court of justice, by which one

party prosecutes another for the enforcement or
protection of a right, or the prosecution or redress
of a wrong

(b) Fact or combination of facts which affords a

party a right to judicial interference in his behalf.
[Into v. Valle (2005)]

Bar Exams: 1986, 1991, 1999, 2000

Rule 45 Appeal by Certiorari
(1) Issues Raised Questions of Law
(2) Against What Court Action Directed Review of
the judgment, award or final order on the merits
(3) Reglementary Period Must be filed within the
reglementary period for appeal.
(4) Effect on the Proceedings Below Judgment,
award or
order appealed from is stayed by the Appeal
(5) Parties Involved Original Parties to the action
remain the same during appeal (albeit with the
corresponding appellation of appellant and
appellee), the lower court or quasi-judicial agency

Rule 65 Original Action for Certiorari

Grave Abuse of Discretion Amounting to Lack or
Excess of Jurisdiction
Directed Against an Interlocutory Order of the
court prior to appeal from the judgment, or where
there is no appeal
or any other plain speedy and adequate remedy
Not later than sixty (60) days from notice of the
judgment, order or resolution sought to be
assailed.
No effect (i.e., proceedings below continue) unless
a writ of preliminary injunction or a temporary
restraining order has been issued
The parties are the aggrieved party against the
lower
court/Quasijudicial
agency
and
the
prevailing parties, who thereby respectively
become the petitioner and the respondents.

is not to be impleaded.
(6) Requirement of Motion for Reconsideration For
purposes of appeal, MR is not required
(7) Exercise of Jurisdiction The Appellate Court
exercises its appellate jurisdiction and power of
review

MR is a CONDITION PRECEDENT subject only to

certain exceptions.
Higher Court exercises original jurisdiction under
its power of control and supervision over the
proceedings of lower courts.

Bar Exams: 1986, 1988, 1999

Certiorari as mode of Appeal (Rule 45)

Rule 45, Sec.9. Rule applicable to both civil and criminal cases.The mode of appeal prescribed in this
Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty
imposed is death, reclusion perpetua or life imprisonment.

Bar Exams: 1994

Classification of Actions
Real Action

Personal Action

Mixed Action

Personal property is sought to

be recovered or damages for
breach of Contract or the
enforcement of a contract are
sought.
Founded on privity of contract.

Both
real
and
personal
properties are involved.

Filed in the court where the

plaintiff or any of the defendants
resides, at the plaintiffs option.

The rules on venue

actions govern.

Action in rem

Action in personam

Action quasi in rem

Directed against the thing itself.

Directed
against
particular
persons.
Jurisdiction over the person of
the defendant is required.

Directed
against
particular
persons.
Jurisdiction over the person of
the defendant is not required as
long as jurisdiction over the res
is acquired.
A proceeding to subject the
interest of a named defendant
over a particular property to an
obligation/lien burdening it Deal
with the status, ownership or
liability of a particular property
but which are intended to
operate on these questions only
as
between
the
particular
parties to the proceedings and
not to ascertain or cut-off the
rights or interest of all possible
claimants [Domagas v. Jensen
(2005)]
Judgment
is
binding
upon
particular persons.

Ownership or possession of real

property is involved.

Founded on privity of real

estate.
Filed in the court where the
property or any portion thereof
is situated.

Jurisdiction over the person of

the defendant is NOT required.
A proceeding to determine the
state/condition of a thing.

An
action
to
impose
responsibility or liability upon a
person directly.

Judgment is
whole world.

Judgment is binding only upon

parties impleaded or their
successors
in interest.
Ex:
Action
for
specific
performance; action to recover
money or property (real or
personal).

binding

on

the

Ex:
Accion
reivindicatoria;
annulment
of
marriage;
naturalization proceedings.

Bar Exams: 1991, 1994, 2005

CLASS SUIT

Founded on both.
of

real

Ex: Action for partition; action to

foreclose real estate mortgage.

[Rule 3, Sec. 12]

(a) Subject matter of the controversy is one of common/general interest to many persons;
(b) The persons are so numerous that it is impracticable to join them all as parties (i.e. impracticable to
bring them all before the court);
(c) Parties bringing the class suit are sufficiently numerous and representative of the class and can fully
protect the interests of all concerned;
(d) The representative sues/defends for the benefit of all.
REQUISITES

Any party in interest shall have the right to intervene to protect his individual interest. [Rule 3, Sec. 12] If
a class suit is improperly brought, the action is subject to dismissal regardless of the cause of action
[Rule 16, Sec 1 (d)].
A taxpayer's suit or a stockholder's derivative suit is in the nature of a class suit, although subject to the
other requisites of the corresponding governing law especially on the issue of locus standi. [Regalado]
There is no class suit in an action filed by associations of sugar planters to recover damages in behalf of
individual sugar planters for an allegedly libelous article in an international magazine. There is no
common or general interest in reputation of a specific individual. Each of the sugar planters has a
separate and distinct reputation in the community
not shared by the others. [Riano citing Newsweek, Inc. v. Intermediate Appellate court (1986)] A class
suit does not require a commonality of interest in the questions involved in the suit. What is required by
the Rules is a common or general interest in the subject matter of the litigation. [Riano citing Mathay v.
Consolidated Bank &Trust Company (1974)]

Class Suit

Derivative Suit

When the subject matter of the controversy is one

of common or general interest to many persons,
and the parties are so numerous that it is
impracticable to bring
them all before the court, one or more may sue
or defend for the benefit of all. [Rule 3, Sec. 12]

An action brought by minority shareholders in the

name of the corporation to redress wrongs
committed against it, for which the directors
refuse to sue.
It is a remedy designed by equity and has been
the principal defense of the minority shareholders
against abuses by the majority.
In a derivative action, the real party in interest is
the corporation itself, not the shareholders who
actually instituted it [Lim v. Lim Yu (2001))

Class Suit

Permissive Joinder of Parties

There is a single cause of action pertaining to

numerous persons.

There are multiple causes of action separately

belonging to several persons.

Bar Exams: 1987 1996 1999

JUDGMENT UPON COMPROMISE - It is one conferred on the basis of a compromise agreement entered
into between the parties. It is immediately executory in the absence of a motion to set aside on the
ground of FAME.

Bar Exams: 1988

Construction of Rules of Court
The Rules of Court should be liberally construed in order to promote their objective of securing a just,
speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997 Rules of Civil
Procedure.)
However, strict observance of the rules is an imperative necessity when they are considered
indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial
business.

Bar Exams: 1985, 1994, 1999, 1996, 1998

Compulsory Counterclaim

Permissive Counterclaim

One which arises out of or is necessarily

connected with the transaction or occurrence
-that is the subject matter of the opposing party's
claim.
Does not require for its adjudication the presence
of third parties of whom the court cannot acquire
jurisdiction.
Barred if not set up in the action.
Need not be answered; no default.

It does not arise out of nor is it necessarily

connected with the subject matter of the opposing
party's claim.
May require for its adjudication the presence of
third parties over whom the court cannot acquire
jurisdiction.
Not barred even if not set up in the action.
Must be answered, otherwise, the defendant can
be declared in default.

(a) A permissive counterclaim requires the payment of docket fees. [Sun Insurance v. Asuncion (1989)]
(b) A plaintiff who fails or chooses not to answer a compulsory counterclaim may not be declared in
default, principally because the issues raised in the counterclaim are deemed automatically joined by the
allegations in the complaint. [Gojo v. Goyala (1970)]

Bar Exams: 1997, 1999

Cross-Claim

Counteclaim

Against a co-party

Against an opposing party

Must arise out of the transaction

that is the subject matter of the
original
action
or
of
a
counterclaim therein

May arise out of or be

necessarily connected with the
transaction
or
the
subject
matter of the opposing partys
claim
(compulsory
counterclaim), or it may not
(permissive counterclaim)

3rd Party Complaint

Against a person not a party to
the action
Must be in respect of the
opponents
(plaintiffs) claim

Bar Exams: 1999, 1995

DEATH OF OFFENDED PARTY
Death after filing the complaint would not deprive the court of the jurisdiction.
The State shall initiate the action on behalf of the offended party in case of his death/incapacity AND he
has no known parents/grandparents/ guardians.
In adultery/concubinage, death does not extinguish the criminal liability of accused.
EFFECT OF THE DEATH OF ACCUSED OR
CONVICT ON CIVIL ACTION [SEC. 4, RULE 111]
(1) Criminal liability is extinguished [Art. 89, RPC]
(2) As regards civil liability:
Death is before arraignment: Dismissal of case without prejudice to filing of civil action against estate of
the deceased
Death is after arraignment and during pendency of criminal action: Extinguishes civil liability arising from
the delict
Death during pendency of appeal: Criminal liability and civil liability based thereon [People vs Ayochok
(2010)]
Exception: Independent civil actions instituted under Arts. 32, 33, 34 and 2176 of the Civil Code, or those
instituted to enforce liability arising from other sources of obligation may be continued against the estate
or legal representative of the accused after proper substitution or against his estate.

As regards the parties in the civil action:

The heirs of the accused may be substituted without requiring the appointment of an
executor/administrator.
Court may appoint guardian ad litem for the minors. Court shall order legal representative/s to appear
and be substituted within 30 days from notice.

Bar Exams: 1998

Declaratory Relief
Bar Exams: 1995, 1999, 2000
Default
1. effect
2
Bar Exams: 1998
3

2. remedies

Bar Exams: 1999

3. when may a party be
declared in default
Bar Exams: 1985
Defenses in an Answer
Bar Exams: 1991, 1994
Demurrer to Evidence
Bar Exams: 1993
Denial of Complaint
Bar Exams: 1997
Depositions pending action
Bar Exams: 1989, 1996
Dismissal of Actions
(Rule 17)
Bar Exams: 1987
Dismissal of Action on the Ground of Prescription
Bar Exams: 1991
Docket fees
Bar Exams: 1989
Error of Judgment vs. error of jurisdiction
Bar Exams: 1985, 1987, 1992, 1993, 1997
Execution of Judgment
Bar Exams: 1990, 1991, 1995
Execution pending appeal

Bar Exams: 1996, 2000

Forum-shopping
Bar Exams: 1993, 1996
Hierarchy of Courts
Bar Exams: 1998
Improper Venue
Bar Exams: 1986, 1996
Indispensable party
Bar Exams: 1998
Interpleader
Bar Exams: 1991, 2000
Intervention
Bar Exams:
Joinder of causes of action
1. permissive joinder of actions
Bar Exams:
Joinder of parties
1. Non-joinder of necessary parties
Joinder of causes of action vs. joinder of parties
Judgment on the Pleadings
Judgment on the pleadings vs. summary judgment
Jurisdiction and venue in libel cases
Jurisdiction of courts
SUBJECTS
Jurisdiction over the Person
Jurisdiction vs. Cause of Action
Katarungang Pambarangay Law (PD 1508)
Katarungang Pambarangay Law (Conciliation Proceedings) vs. Pre-Trial Conference
Kinds of Pleadings
Mandamus
Misjoinder/non-joinder of parties
Mode of Appeal
Motion for Extension of Time
Motion for Reconsideration
Motion to Dismiss
Order of Default
Ordinary action vs. special proceedings
Perfection of Appeal
Pre-Trial
Real Party-in-interest
Remedies to set aside final & executory judgment
Reply
Res Judicata
Rule 45 vs. Rule 65

SUBJECTS
Splitting causes of action
Subpoena Duces tecum
Supersedeas Bond
Summary Judgment
Summary procedure
Summons
1. effect
2. on corporations
3. Extraterritorial Service
Third-party Complaint
Totality Rule in Jurisdiction
Venue
Verification of Pleadings
Writ of Execution
Alias Writ of Execution
II. SPECIAL CIVIL ACTION
Attachment
Contempt
Certiorari as an original action (Rule 65)
Declaratory relief
SUBJECTS
Ejectment
Foreclosure of Real Estate Mortgage
Interpleader
Partition
Preliminary Attachment
When May be Attached, Damages
Preliminary Injunction
Replevin
Support Pendente Lite
Temporary Restraining Order (TRO)
1. effect of violation
Unlawful Detainer
Writ of preliminary Attachment
Discharge of Attachment
1. Effect of Violation
Writ of Preliminary Injunction
III. SPECIAL PROCEEDINGS
Actions against Executors and Administrators
Adoption
Appointment of Administrator
Allowance or Disallowance of Will
1. Lost or Destroyed Will
Change of Name
Claim Against Estate
Civil Actions vs. Special Proceedings
Correction of Entries
Escheat, venue of
SUBJECTS
Extra-judicial Settlement

Guardianship
Habeas Corpus
Habeas Corpus vs. Preliminary Citation
How to Prove Money Claim against the Estate of the Deceased
Preliminary Citation
Probate of Will
Probate Court, Jurisdiction
Unlawful Detainer
IV. CRIMINAL PROCEDURE
Amendment of information
Amendment vs. Substitution of Information
Bail

1. forms of bail, when a matter of

right and when a matter of
discretion
Change of Attorneys
Civil liability (Rule 111)
Complaint vs. Information
Conditional examination of witnesses for the prosecution
Continuous Trial system
Custodial Investigation
Demurrer to Evidence
Discharge of State Witness
SUBJECTS
Double Jeopardy
Duplicity of Offense
Effect of Death of accused on criminal liability
Enjoinment of the Prosecution
Equipose Rule
Extent of Fiscals duty in the prosecution of the case
Finality of Judgment
Information
Jurisdiction
1. continuing offense
2. court martial
3. Dangerous Drugs Act
4. libel
Modification of Judgment
Motion to Quash
Newly Discovered Evidence, grounds
Plea Bargaining
Plea of Guilt, Effect of
Prejudicial Question
Preliminary Investigation
Prescription of Offense
Pre-Trial
Promulgation of Judgment
SUBJECTS

Prosecution of Civil Action

Prosecution of Criminal Actions
(Who may Prosecute)
Reservation of Independent Civil Action
Rights of Accused
Rights in Custodial Investigation
Search and Seizure
1. stop and frisk/ terry search
State Witness
Sufficiency of Information
Summary Procedure
Warrantless Arrest
V. EVIDENCE
Admissibilty of Evidence
Admissibility of Illegally Seized Articles
Ancient Document
Best Evidence Rule
Broad Side Objection vs. Specific Objection
Circumstantial evidence
Common Reputation
Corpus Delicti
Dead Mans Statute
Dying Declaration
Dying Declaration vs. Res Gestae
Hearsay Rule
1. Exceptions to Hearsay Rule
SUBJECTS
Extrajudicial Confession
Formal offer of evidence
Formal offer of Evidence vs. Offer of Proof
Kinds of Evidence
Laying the predicate
Marital Disqualification Rule
Marital Privilege
Modes of Discovery
Offer of Compromise as implied admission of guilt
Offer of Evidence
Offer of Testimony vs. Offer of Documentary Evidence
Parental and Filial Privilege
Parol Evidence Rule vs. Best Evidence Rule
Parol Evidence Rule
Presentation of Evidence
Presentation of Witnesses
Past Recollection Recorded
Present Recollection Revived vs. Present Recollection Recorded
Presumptions
1. Conclusive
2. Disputable
Privileged communication
Qualification of Witnesses
Recall of Witnesses
Res Gestae

Res Inter Alios Acta

Right and Obligations of Witnesses
Weight of Testimony