Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

PRELIMINARIES Three Main Divisions of Civil Procedure:

1. Ordinary Civil Actions (Rules 1-56)
Remedial Law - Branch of law which prescribes the 2. Provisional Remedies (Rules 57-61)
method of enforcing the rights or obtaining redress for 3. Special Civil Actions (Rules 62-71)
their invasions
What are the sources of Civil Procedure?
Can the Congress enact a law on court procedure? No 1. 1987 Constitution of the Philippines
The Supreme Court has the sole power to amend, 2. Batas Pambansa 129 (BP 129) or the Judiciary
repeal or establish new rules (Sec 5, Art 8, par 5 of the Reorganization Act of 1980 as amended by RA
1987 Constitution) 7691 (Act expanding the jurisdiction of
MTCs, MuTCs, MCTCs)
What is the nature of Remedial Law? It is procedural 3. Rules of Court
and waivable. It has the force and effect of the law. It is 4. Supreme Court decisions
not law per se. It does not vest substantive right 5. Court of Appeals decisions
6. New Civil Code of the Philippines
What are the mechanics of due process as part of 7. Family Court (RA 8369 or Family Courts Act
Remedial Law? of 1997
1. A court or tribunal clothed with judicial power 8. Local Government Code (RA 7160),
to hear and determine the matter before it particularly the Katarungang Pambarangay
2. Jurisdiction must be lawfully acquired over Law
the person of the defendant or over the 9. An Act Establishing Family Courts, granting
property which is the subject of the them exclusive original jurisdiction over child
proceeding and family cases, amending BP 129 (RA 8369)
3. The defendant must be given an opportunity 10. Presidential Decree No. 1083, A decree to
to be heard in support os cause of action or ordain and promulgate a code recognizing the
defense system of Filipino Muslim Laws, codifying
4. Judgment must be rendered upon a lawful Muslim Personal Laws and Providing for its
hearing Administration
11. Presidential Decree No. 1486, creating a
Remedial Law vs Substantive Law special court to be known as Sandiganbayan
Substantive Law Procedural Law and for other purposes as amended by PD
Part of the law which Refers to the Branch of 1606 and further amended by RA 8249 and RA
creates, defines, or law which prescribes the 10660
regulates rights method of enforcing the 12. RA 1125, Law Creating the Court of Tax
concerning life, liberty, or rights or obtaining Appeals and for other purposes as amended
property or the powers of redress for their invasions by RA 9282
agencies or (adjective law) 13. 2004 Rules of Notarial Service (A.M. No. 02-8-
instrumentalities for the 13-SC)
administration of public 14. Rules of Procedure on Small Claims (A.M. No.
affairs 08-8-7-SC)
Makes vested rights Has no vested rights 15. 2016 Revised Rules on Small Claims
possible 16. The Rule on Writ of Amparo (A.M. No. 07-9-
Prospective in application Governs rights and 12-SC)
transactions which took 17. Rule on Writ of Habeas Data (A.M. No. 08-1-
place (retroactive) 16-SC)
Cannot be enacted by SC. SC is expressly 18. Rules on Electronic Evidence (A.M. No. 01-7-
It is enacted by the empowered to 01-SC)
congress promulgate 19. Revised Rules on Summary Procedure
procedural rules 20. Alternative Dispute Resolution Act of 2004
(RA 9285)
Four Main Divisions of Remedial Law: 21. Special Rules of Court on Alternative Dispute
1. Civil Procedure (Rules 1-71) Resolution (A.M. No. 07-11-08-SC)
2. Special Proceedings (Rules 72-109) 22. Rules of Procedure on Environmental Cases
3. Criminal Procedure (R110-R127) (A.M. No. 09-6-8-SC)
4. Rules on Evidence (Rules 128-133 (23&24)) 23. Guidelines for Litigation in Quezon City Trial
Courts (A.M. No. 11-6-10-SC)
24. Guidelines to be Observed by the Trial Court
Judges and Clerk of Court in the Conduct of
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 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

Pre-Trial and Use of Deposition-Discovery special civil for in ordinary

Measures (A.M. No. 03-1-09) action (R1 S3a) civil actions
25. Rule on Civil Forfeiture shall be, as far
26. New Rules on Service of Summons on Foreign as practicable,
Juridical Entities (A.M. No. 11-3-6-SC) apply
27. Revised Manual of the Clerk of suppletory
Court (R72 S2)
28. Judicial Affidavit Rule (A.M. No. 12-8-8-SC) Involves 2 or Involves the May involve
29. Efficient Use of Paper Rule (A.M. No. 11-9-4- more parties State against the only one party
SC) accused
30. Amendments to Rules 41, 45 , 58 and 65 of Initiated by Initiated by Initiated by
Rules of Court (A.M. No. 07-7-12-SC) complaint, or, in affidavit of petition plus
31. Amendment to Section 7, Rule 7 and Section some special complaint payment of
13, Rule 41 of the 1997 Rules of Civil civil actions, by before the docket fees
Procedure (A.M. No. 00-2-10-SC) petition, or prosecutor, by
32. Re: Computation of Time When the Last Day verified criminal
Falls on a Saturday, Sunday or a Legal statement of information
Holiday and Motion for Extension on Next claim in small before the court,
Working Day is Granted (A.M. No. 00-2-14- claims cases or directly to the
SC) plus filing of court by
33. Special Laws and amendments docket fees complaint.
34. Supreme Court Administrative Based on a Based on an act Except Habeas
Matters and Circulars cause of action or omission Corpus, NOT
35. Special rules on Intellectual Property Right punishable based on a cause
by law of action
Civil Actions, Criminal Actions & Special
Proceedings What are the cases which are not directly governed
Civil Criminal Special by the Rules of Court?
Action Procedure Proceedings 1. Election cases
A party sues The State A remedy by 2. Land Registration cases
another for the prosecutes a which a party 3. Cadastral proceedings
enforcement or person for an seeks to 4. Naturalization proceedings
protection of a act or omission establish a 5. Insolvency proceedings
right, or the punishable by status, a right, 6. Other cases not mention in Sec 1 of Rule 1
prevention or law (Rule 1 S3b) or a particular 7. Labor Cases
redress of a fact (Rule 1 S3c) 8. Impeachment Cases
wrong A proceeding 9. Civil Forfeiture, Asset Preservation, and
wherein a Freezing of Monetary Instrument, property or
A civil action person is proceeds representing, involving or relating to
may be ordinary prosecuted by an unlawful activity or money laundering
or special. (R1 the State for acts offense
S3a) or omissions 10. Rules of Procedure of Small Claims Cases
committed in
violation of What are the exceptions to the non-applicability?
penal laws, and 1. Suppletory in character (made to apply only
to impose the where there is insufficiency in the applicable
corresponding rule)
penalty 2. Whenever practicable and convenient
provided
for by penal
laws
Both are Governed by Governed by
governed by the the special rules,
Rules for Revised Rules of and in the
ordinary civil Criminal absence of
actions, subject Procedure special
to specific rules provisions, the
prescribed for a rules provided
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 Civil Procedure Notes under Dean Ferdinand Tan
CONSTITUTIONAL PROVISIONS
ARTICLE 3 – Bill of Rights
SECTION 1. No person shall be deprived of life,
liberty, or property without due process of law, nor
shall any person be denied the equal protection of the
laws.
Very essence of due process is right to be heard and
present evidence
SECTION 7. No private property shall be taken for
public use without payment of just compensation
SECTION 9. Private property shall not be taken for
public use without just compensation. (Basis of Rule
67)
SECTION 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty. Basis of
Rule 3 S 21
SECTION 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Speedy Trial Speedy Disposition of
Cases
Statutory Right Constitutional Right
Refers to trial phase only Refers to disposition of
cases (all phases)
Criminal Cases only Judicial, quasi-judicial or
administrative
proceedings
ARTICLE 6 – The Legislative Department
SECTION 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence.
ARTICLE 7 – The Executive Department
SECTION 4. The Supreme Court, sitting en banc, shall
be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the
purpose.
SECTION 18. The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the
writ or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
By BA Cruz
ARTICLE 8 – The Judicial Department
SECTION 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which
are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government. Basis of Rule 65
Constitutional Court? Supreme Court
What are the statutory courts?
1. Court of Appeals (BP 129)
2. Sandiganbayan (PD 1606 as amended by RA
10660)
3. Court of Tax Appeals (RA 1125 as amended by
RA 9282)
4. Regional Trial Court (BP 129)
5. Municipal Trial Court (BP 129)
6. Family Court (RA 8369 or Family Courts Act
of 1997)
7. Shari’a District Court (PD No. 1083 or Code of
Muslim Personal Laws of the Philippines)
8. Shari’a Circuit Courts (PD No. 1083 or Code of
Muslim Personal Laws of the Philippines)
SECTION 2. The Congress shall have the power to
define, prescribe, and apportion the jurisdiction of
various courts but may not deprive the Supreme Court
of its jurisdiction over cases enumerated in Section 5
hereof.
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members. (In relation to sec 5)
SECTION 4. (2) All cases involving the
constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the
Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en
banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the
concurrence of a majority of the Members who
actually took part in the deliberations on the issues in
the case and voted thereon.
SECTION 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and
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 Civil Procedure Notes under Dean Ferdinand Tan
over petitions for certiorari, prohibition, mandamus,
quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity
of any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases in which the jurisdiction of any lower
court is in issue.
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
(e) All cases in which only an error or question of law
is involved.
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all
courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
(6) Appoint all officials and employees of the Judiciary
in accordance with the Civil Service Law.
SECTION 6. The Supreme Court shall have
administrative supervision over all courts and the
personnel thereof.
SECTION 14. No decision shall be rendered by any
court without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for reconsideration of
a decision of the court shall be refused due course or
denied without stating the legal basis therefor. (Basis
of Rule 36)
ARTICLE 9 – Constitutional Commissions
SECTION 7. Each Commission shall decide by a
majority vote of all its Members any case or matter
brought before it within sixty days from the date of its
submission for decision or resolution. A case or matter
is deemed submitted for decision or resolution upon
By BA Cruz
the filing of the last pleading, brief, or memorandum
required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling
of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof. (Basis of
Rule 64)
ARTICLE 18 – Transitory Provisions
SECTION 10. All courts existing at the time of the
ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided by
law. The provisions of the existing Rules of Court,
judiciary acts, and procedural laws not inconsistent
with this Constitution shall remain operative unless
amended or repealed by the Supreme Court or the
Congress.
Is tribal court a judicial court? No. It is an advisory
and conciliatory body only. Only conciliation
Are military commissions or tribunal a judicial
court? No. They are agencies of executive department.
It is appealable to office of the President
What is the nature of Philippine Courts?
Court of Law – decides a case according to what the
promulgated law is
Court of Equity – adjudicates a controversy according
to the common precepts of what is right and just
without inquiring into the terms of the statutes.
Court Judge
A court is a tribunal A judge is a public officer
clothed with the power who exercises the power
and authority to entertain of the court in the
and resolve legal disputes dispensation of justice
between the parties to
carry out the dispensation
of justice in accordance
with the law
A court is more of a A judge is merely
permanent status or temporary
existence
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 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

CIVIL PROCEDURE PROPER before a court within the legal bounds of rights and
remedies.
Jurisdiction - Authority of the court to hear (Rule 30) It is presumed that court of general jurisdiction is
and decide a case (Rule 36) and to implement its acting within its jurisdiction unless the contrary is
decision (Rule 39) shown
―jus‖ law ―dicere‖ declare Example: Regional Trial Court

Jurisdiction Venue Special or Limited Jurisdiction - One which restricts

Power of court to hear
and decide a case
Jurisdiction over subject
matter and over nature of
action are conferred by
law and cannot be waived
Substantive
Cannot be subject of the
agreement of the parties.
It is conferred by law
A ground for motu
proprio dismissal
Not waived it not raised
unless laches
Venue in Civil Actions
Only procedural and for
the purpose of
convenience of the parties
May be agreed upon by
the parties
Improper venue can be
subject of a motion to
dismiss based on
improper venue
When denial of the
motion to dismiss on the
ground of improper
venue is to file the answer
with the remaining
balance of the period to
file a responsive pleading
but in no case less than 5
days
KINDS OF JURISDICTION
General Jurisdiction – Power of the court to
adjudicate all controversies except those expressly
withheld from the plenary powers of the court. It
extends to all controversies which may be brought
Place where action is
instituted
May be waived
Procedural
May be changed by
written agreement of the
parties
Not a ground for motu
proprio dismissal, except
in
Summary Procedure
Deemed waived if not
raised
Venue in Criminal
Actions
Jurisdictional
Conferred by the
provision of the law
Improper venue is a
ground for a motion to
quash the complaint or
information on the
ground of lack of
jurisdiction over the
offense
In the case of denial of the
motion to quash on the
ground of lack of
jurisdiction over the
offense charged the
remedy is to proceed with
the arraignment
the court’s jurisdiction only to particular cases and
subject to such limitations as may be provided by the
governing law. It is confined to particular causes, or
which can be exercised only under the limitations and
circumstances prescribed by the statute
Example of Court with Special Jurisdiction:
Sandiganbayan, Court of Tax Appeals, RTC,
Shari’a District and Circuit Court, Family
Court
Example of Court with Limited Jurisdiction:
Probate Court
Original Jurisdiction - Power of the court to take
judicial cognizance of a case instituted for judicial
action for the first time under conditions provided by
law
Jurisdiction conferred by law and filed at the first
instance (NOTE: all civil actions)
Example: Supreme Court over actions
involving ambassadors, public ministers and
consuls
Exclusive Jurisdiction - Power to adjudicate a case or
proceeding to the exclusion of all other courts at that
stage
Jurisdiction of the court to the exclusion of all other
courts
Exclusive Original Jurisdiction - Power of the court to
take judicial cognizance of a case instituted for judicial
action for the first time to the exclusion of all other
courts
Example: SC over petitions for certiorari,
prohibition and mandamus against judgment,
final order and resolution of CA,
Sandiganbayan, CTA, COMELEC, COA
Appellate Jurisdiction - Power and authority
conferred upon a superior court to rehear and
determine cases which have been tried in lower courts,
the cognizance which a superior court takes of a case
removed to it, by appeal or writ of error, from the
decision of a lower court or the review by a superior
court of the final judgment
or order of some lower courts
Example: RTC over MTC
Concurrent / Confluent /Coordinate Jurisdiction -
Power conferred upon different courts, whether of the
same or different ranks, to take cognizance at the same
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 Civil Procedure Notes under Dean Ferdinand Tan
stage of the same case in the same or different judicial
territories
Example: SC and RTC over actions involving
ambassadors, public ministers and consuls
Territorial Jurisdiction - Refers to geographical area
within which the court’s powers can be exercised.
In civil cases, assumes importance in case of
venue of real or mixed action
In criminal cases, consideration of territory
and locus of crime determine venue and jurisdiction
SC and CA – National
RTC - Regional jurisdiction
Inferior courts as defined in BP 129
Delegated Jurisdiction - The grant of authority to
inferior courts to hear and determine cadastral and
land registration cases under certain conditions
Example: MTC over cadastral and land
registration cases
Doctrine of Primary Jurisdiction or the Doctrine of
exhaustion of administrative remedies - courts will
not resolve a controversy involving a question which
is within the jurisdiction of an administrative tribunal,
especially where the question demands the exercise of
sound administrative discretion requiring special
knowledge and experience of said tribunal in
determining technical and intricate matters of fact
courts shall not take cognizance of a case unless it has
been decided at the administrative level
Acts and decision of the court is null and void if it is in
violation of this doctrine
Ancillary Jurisdiction - Power of the courts to settle
issues which are incidental to main issue. Interlocutory
in character and not appealable
Example: SC on auxiliary writs
Doctrine of Continuing Jurisdiction or Doctrine of
adherence of Jurisdiction – the principle that once a
court has acquired jurisdiction, that jurisdiction
continues until the court has done all that it can do in
the exercise of such jurisdiction
Doctrine of Hierarchy of Courts – the court will not
entertain direct resort to it unless the redress desired
cannot be obtained in the appropriate courts or where
exceptional and compelling circumstances justify
availment of a remedy within and calling for the
exercise of the court’s primary jurisdiction. The
hierarchy is determinative of the venue of appeals and
also serves as a general determinant of the appropriate
forum for petitions for the extraordinary writs.
By BA Cruz
Doctrine of Non-interference or Doctrine of Judicial
Stability – No court can interfere by injunction with
the judgement or orders of another court of concurrent
jurisdiction having the power to grant the relief sought
by injunction.
The rationale for this rule is founded on the concept of
jurisdiction over its judgment, to the exclusion of all
other coordinate courts, for its execution and over all
its incidents, and to control, in furtherance of justice,
the conduct of ministerial officers acting in connection
with the judgment.
When to raise the issue of jurisdiction?
Jurisdiction can be questioned at any stage of the
proceeding even if not raised in the answer or in a
motion to dismiss
How jurisdiction is acquired?
Jurisdiction over plaintiff
By filing of original complaint in court plus payment
of requisite docket fees
In Small Claims, filling a verified statement of claims
Payment of docket fees is condition precedent. If not
full, court will order full payment. If not complied,
dismissal Rule 17 s3
Jurisdiction over defendant
By voluntary appearance or service of summons
Jurisdiction over subject matter
Conferred by law. Determined by allegations in the
complaint
Jurisdiction over the issue
Determined by allegations in the pleadings both in
complaint and answer if not in conformity
Jurisdiction over the res
By actual or constructive seizure of property by way of
attachment or garnishment or execution
JURISDICTION OF COURTS
SUPREME COURT
Original Jurisdiction
A8 S5 P1- (Rule 56)
The SC shall have exclusive original jurisdiction over
cases involving:
1. Actions involving ambassadors, other public
ministers and consuls
2. Over petitions for:
a. Certiorari
b. Prohibition
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 Civil Procedure Notes under Dean Ferdinand Tan
c. Mandamus
d. Quo warranto
e. Habeas corpus
3. Petitions for Writ of Amparo
4. Petition for Habeas data
5. Petition for writ for continuing mandamus
6. Petition for Writ of Kalikasan
Exclusive Original jurisdiction
Over petition for certiorari, prohibition and
mandamus against judgment, final order and
resolutions of the following:
1. Court of Appeals
2. Sandiganbayan
3. Court of Tax Appeals
4. Commission on Elections
5. Commission on Audit
6. Ombudsman in criminal cases
Appellate Jurisdiction
A8 S5 P2
The SC may review, revise, reverse, modify, or affirm
on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower
courts
in:
1. All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question
2. All cases involving the legality of any tax,
impost, assessment or toll, or any penalty
imposed in relation thereto
3. All cases in which the jurisdiction of any lower
court is in issue
4. All criminal cases in which the penalty
imposed is reclusion perpetua or higher
(WITHIN THE SCOPE OF CRIMINAL
PROCEDURE RULE 45)
5. All cases in which only an error or question of
law is imposed
1 and 2- PURE QUESTIONS OF LAW
Appellate jurisdiction over judgment, final orders and
resolutions of the following courts
1. CA under Rule 45
2. Sandiganbayan
3. CTA en banc pursuant to Sec 11 of RA 9282
4. RTC under Rule 45
5. CA, Sandiganbayan and RTC in petition for
writ of amparo
6. CA, Sandiganbayan and RTC in a petition for
habeas data
Rule 45 based on pure questions of law
Question of law exists when there is doubt or
controversy as to what law is on a certain state of facts
By BA Cruz
Question of fact exists when the doubt or controversy
arises as to the truth or falsity of the alleged facts.
Administrative Jurisdiction
1. Over court personnel
2. Over Justices
3. Over Judges
4. Practice of Law
5. Members of the Integrated Bar
Concurrent Jurisdiction:
SC and RTC over civil actions involving ambassadors,
public ministers and consuls
SC, CA, Sandiganbayan, court of tax appeals, shariah
district court and RTC over petitions for certiorari,
prohibition, mandamus,
SC, CA, RTC and Sandiganbayan quo warranto,
SC CA Sandiganbayan, MTC and Shariah District
Court - habeas corpus,
SC CA Sandiganbayan and RTC writ of amparo,
habeas data
SC & CA - writ of kalikasan
SC, CA, & RTC - continuing mandamus
Ancilliary Jurisdiction: all auxiliary writs except
support pendete lite
COURT OF APPEALS
Original jurisdiction / Original Concurrent
Jurisdiction
Original jurisdiction over the following cases:
1. Over petitions for:
a. Certiorari
b. Prohibition
c. Mandamus
d. Quo warranto
e. Habeas corpus (appeal 48 hours)
2. Petitions for Writ of Amparo (5 working days)
3. Petition for Habeas data (5 working days)
4. Petition for writ for continuing mandamus
5. Petition for Writ of Kalikasan
6. Actions for annulment of judgment of the RTC
7. Petition for freeze order on any monetary
instrument, property, or proceeds relating to
or involving any unlawful activity
8. Order from anti-wire tapping
Exclusive Original Jurisdiction:
Exclusive original jurisdiction over the actions for
annulment of judgments of RTCs
Appellate Jurisdiction:
1. Rule 41- over RTC decisions, final orders in
the exercise of its ORIGINAL JURISDICTION
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 Civil Procedure Notes under Dean Ferdinand Tan
(via Notice (15 days) or Record of Appeal (30
days)
2. Rule 42- over RTC decisions in the exercise of
its APPELLATE JURISDICTION (via Petition
for Review 15 days)
3. MTC in land registration cases under rule 41
(it assumes the jurisdiction of the RTC, 15 days
notice of appeal)
4. Rule 43 - RTC acting as special commercial
court in Intellectual Property Cases (as if
assuming the function of quasi-judicial body)
5. Decisions from Shariah District Courts since
there is no Shariah Appellate Court Rule 41
6. Rule 43- Exclusive appellate jurisdiction over
all final judgments, resolution, orders, or
awards of quasi-judicial agencies,
instrumentalities, boards, or commissions (via
Petition for Review 15 days) (not exclusive)
a. Civil Service Commission
b. Securities and Exchange Commission
c. Office of the President
d. Land Registration Authority
e. Social Security Commission
f. Civil Aeronautics Board
g. Bureau of Patents Trademarks and
Technology Transfer
h. National Electrification
Administration
i. Energy Regulatory Board
j. National Telecommunications
Commission
k. Department of Agrarian Reform
l. Government Service Insurance System
m. Employees Compensation
Commission
n. Agricultural Inventions Board (not
existing office now)
o. Insurance Commission
p. Philippine Atomic Energy
Commission
q. Board of Investments
r. Construction Industry Arbitration
Commission
s. Voluntary Arbitration
t. Decision of the Office of the
Ombudsman in administrative cases
Does the CA have appellate jurisdiction over MTC in
land registration and cadastral cases?
Yes under Rule 41 because the MTC is exercising its
delegated jurisdiction as if they are assuming the
jurisdiction of RTC
Concurrent Jurisdiction:
SC, CA, Sandiganbayan and RTC over petitions for
certiorari, prohibition, mandamus, quo warranto,
habeas corpus, writ of amparo, habeas data
By BA Cruz
Ancilliary Jurisdiction: auxiliary writs except support
pendent lite
COURT OF TAX APPEALS
Exclusive Original Jurisdiction over cases involving
P1 million and above
Appellate jurisdiction
1. Decision of the Commissioner of Internal
Revenue in cases involving disputed
assessments, refund of internal revenue taxes,
fees or other charges, penalties in relation
thereto, or other matters relating arising under
the National Internal Revenue or laws
administered by the Bureau of Internal
Revenue
2. Inaction of the Commissioner of the Internal
Revenue, in cases involving disputed
assessments refunds of internal revenue taxes,
fees or charges, penalties in relations thereto,
or other matters arising under the National
Internal Revenue Code or other laws
administered by the Bureau of Internal
Revenue, where the National Internal Revenue
Code provides for a specific period of action,
in which case the inaction shall be deemed a
denial
3. Decisions, orders or resolutions of the RTC in
local taxes cases originally decided or resolved
by them of their original or appellate
jurisdiction
4. Decisions of the Commissioner of Customs on
cases involving liability for customs duties,
fees, or other money charges, seizure,
detention, or release of property affected,
fines, forfeitures or other penalties in relation
thereto, or other matters arising under the
Customs Law or other laws administered by
the Bureau of Customs
5. Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate
jurisdiction over cases involving the
assessment and taxation of real property
originally decided by the provincial or city
board of assessment appeals
6. Decisions of Secretary of Finance on customs
cases elevated to him automatically for review
from decisions of the Commissioner of
Customs which are adverse to the
Government
7. Decisions of the Secretary of Trade and
Industry, in case of nonagricultural product,
commodity or article, and the Secretary of
Agriculture in the case of agricultural product,
commodity or article, involving dumping and
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 Civil Procedure Notes under Dean Ferdinand Tan
countervailing duties under Tariff Code and
safeguard measures under RA 8800
REGIONAL TRIAL COURT
Original Jurisdiction
Over:
1. Actions involving ambassadors, public
ministers and consuls
2. Over petitions for:
a. Certiorari
b. Prohibition
c. Mandamus
d. Quo warranto
e. Habeas corpus
3. Petitions for Writ of Amparo
4. Petition for Habeas data
5. Petition for writ for continuing mandamus
6. Petition of annulment of judgment
Exclusive Original Jurisdiction:
1. In all actions in which the subject of litigation
is incapable of pecuniary estimation (Actions
which cannot be quantified into monetary
estimation subject matter; primarily other than
recovery of sum of money and where the
money claim is merely incidental to, or a
consequence of, the principal relief sought
(BP129)
Examples of IPE:
a. Action for rescission of
contract
b. Action for specific
performance
c. Petition for declaratory relief
d. Action for reformation of
instrument
e. Action for consolidation of
ownership
f. Action for expropriation
g. Action for support
h. Injunction
i. Partition of real and personal
property
j. custody
2. In all civil actions which involve title to or
possession of real property or any interest
therein, where assessed value (tax dec or
affidavit of plaintiff) of property involved
exceeds 20k OMM or in MM, value of
property involved exceeds 50k except actions
of FE and UD of lands and buildings, original
jurisdiction of which is conferred with MTC,
MuTC, MCTC
By BA Cruz
Partition of real property, quieting of title,
foreclosure proceedings,interpleader involving
real property
MM: Manila, Quezon City, Makati City, Pasig
City, Taguig City, Mandaluyong City, Pasay
City, Paranaque City, Muntinlupa City,
Marikina City, San Juan City, Valenzuela City,
Las Pinas City, Caloocan City, Malabon,
Navotas, Pateros
3. In all actions in admiralty and maritime
actions where demand or claim exceeds 300k
OMM or exceeds 400k MM
4. In all matters of probate, both testate or
intestate, where gross value of estate exceeds
300k OMM or exceeds 400k MM
Gross value- assessed value of
property of deceased before deduction (NOT
market value) (appeal bybrecord on appeal)
5. In all actions involving the contract of
marriage and marital relations. RTC acting as
Family Courts
6. In all cases not within the exclusive
jurisdiction of any court, tribunal, person or
body exercising jurisdiction of any court,
tribunal, person or body exercising judicial or
quasi-judicial functions
7. In all civil actions and special proceedings
falling within Exclusive original jurisdiction of
a Juvenile and Domestic Relations Court and
of the Court of Agrarian Relations as now
provided by law
8. In all other cases in which the demand,
exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and
costs or the value of property in controversy
exceeds 300k OMM or exceeds 400k MM (by
for payment of docket fees, it must be
considered)
Damages of whatever kind are damages that
are merely incidental to or in consequence of
the main action
Totality rule R2 S5
A. (RA8799 S5.2 as amended by PD902-A)-
exclusive and original jurisdiction of the RTC
to hear and decide following cases:
1. Cases involving devices or schemes
employed by or any acts of the board of
directors, Business associations, its officers
or partnership, amounting to fraud or
misrepresentation which may be
detrimental to the interest of the public
and/or of the stockholders, partners,
members of associations or organizations
registered with the Commission
2. Controversies arising out of intra-
corporate or partnership relations,
between and among stockholders,
9
 Civil Procedure Notes under Dean Ferdinand Tan
members or associates, between any or all
of them and the corporation, partnership,
or association of which they are
stockholders, members or associates
respectively, and between such
corporation, partnership or association
and the state insofar as it concerns their
individual franchise or right to exist as
such entity
3. Controversies in election or appointment
of directors, trustees, officers or managers
of such corporations, partnerships, or
associations
4. Petitions of corporations, partnerships or
associations to be declared in the state of
suspension of payments, in case where the
corporation, partnership or association
possesses sufficient property to cover all
its debts but foresees the impossibility of
meeting them when the respectively fall
due or in cases where the corporation,
partnership or association has no
sufficient assets to cover its liabilities, but
is under management of a rehabilitation
receiver or management committee
B. RTC acting as Special Agrarian Court in
determination of just compensation
C. Over petition for annulment of judgment over
decision and final orders of the MTC, MTC, MCTC
D. Civil cases for Infringement of Copyright and
Unfair Competition under the provisions of the
Intellectual Property Code
E. RTC acting as Family Court has jurisdiction over
petitions for guardianship, custody of minor,
habeas corpus in relation to minor
F. Petition for custody of minor, habeas corpus in
relation to the latter
G. Petition for adoption of children and revocation
thereof
H. Complaints for annulment of marriage and
declaration of nullity of marriage and those
relating to marital status and property relations of
husband and wife and those living together under
different status and agreements, and dissolution of
conjugal partnership of gains
I. Petition for support and/or acknowledgement
J. Summary judicial proceedings brought under the
provision of EO 209
K. Petition for constitution of family home
L. Petition for declaration of status of children as
abandoned, dependent or neglected children
M. Petition for involuntary commitment of a child, or
removal of custody against child placement, or
child caring agency or individual, or commitment
of disabled child
N. Petition for civil forfeiture of monetary
instrument, property, or proceeds representing,
By BA Cruz
involving, or relating to an unlawful activity, or to
a money laundering offenses
Special Jurisdiction
The Supreme Court may designate certain branches of
the RTC to handle exclusively the following special
cases, to wit
1. Criminal cases
2. Juvenile and domestic relations cases
3. Agrarian cases
4. Urban land reform cases which do not fall
under the jurisdiction of the quasi-judicial
bodies and agencies
5. Such other special cases as the SC may
determine in the interest of a speedy and
efficient administration of justice
Concurrent Jurisdiction:
SC and RTC over civil actions involving ambassadors,
public ministers and consuls
SC, CA, Sandiganbayan and RTC over petitions for
certiorari, prohibition, mandamus, quo warranto,
habeas corpus, writ of amparo, habeas data
Appellate Jurisdiction:
Over all cases decided by MTCs, MuTCs, MCTCs in
their respective territorial jurisdictions
SANDIGANBAYAN
Exclusive Original Jurisdiction
Over:
1. Civil cases of Anti-Money Laundering Act
2. Ill-gotten wealth of the Marcoses (prescription
applies only on the civil aspect, not to criminal
aspect) EO 12-14-A
3. Unlawfully acquired properties by public
officials or employees from them or from their
nominees or transferees
Concurrent Jurisdiction:
SC, CA, Sandiganbayan and RTC over petitions for
certiorari, prohibition, mandamus, quo warranto,
habeas corpus, writ of amparo, habeas data
SHARI’A DISTRICT COURT
Original jurisdiction
Over:
1. Petition by the Muslims for the constitution of
a family home, change of name and
commitment of an insane person to an asylum
10
 Civil Procedure Notes under Dean Ferdinand Tan
2. All other personal or real actions not
mentioned in paragraph 1(d) wherein the
parties are Muslims except those for forcible
entry and unlawful detainer, which fall under
the exclusive original of the MTC
3. All special and civil actions for interpleader or
declaratory relief wherein the parties are
Muslims or the property involve belongs
exclusively to Muslims
Exclusive original jurisdiction
1. All cases involving custody, guardianship,
legitimacy, paternity and filiation arising
under this Code
2. All cases involving disposition and settlement
of the estate of the deceased Muslims, probate
of the wills, issuance of letters administration
or appointment of administrator or executors
regardless of the nature or the aggregate value
of the property
3. Petitions for declaration of absence and death
and for the cancellation or correction of entries
in the Muslim Registries
4. All actions arising from customary contracts in
which the parties are Muslims, if they have
not specified which law shall govern their
relations
5. All petitions for mandamus, prohibition,
injunction, certiorari, habeas corpus, and other
auxiliary writs and processes in aid of its
appellate jurisdiction
Appellate Jurisdiction: all cases tried in the Shari’ah
Circuit Court within their territorial jurisdiction
MUNICIPAL TRIAL COURTS
Exclusive Original Jurisdiction
Ordinary Civil Actions:
1. exclusive original jurisdiction over civil
actions and probate proceedings, testate and
intestate, including grant of provisional
remedies in proper cases, where the value of
the personal property, estate or amount of the
demand does not exceed 300k OMM or 400k
MM exclusive of interest, damages, of
whatever kind, attorney’s fees, litigation
expenses and costs, the amount of which must
be specifically alleged. Provided, that interest,
damages of whatever kind, AF, litigation
expenses, and costs shall be included in the
determination of the filing fees. Provided
further that where there are several claims or
causes of actions between the same or
different parties, embodied in the same
complaint, the amount of demand shall be the
totality of the claims in all the causes of action,
By BA Cruz
irrespective of whether the cause of action
arose out of same or different transactions
2. exclusive original jurisdiction in all civil
actions involving title to or possession of
property or any interest therein where
assessed value of property or interest therein
does not exceed 20k OMM or does not exceed
50k MM exclusive of interest, damages of
whatever kind, AF, litigation expenses, costs.
Provided that in cases of land not declared for
taxation purposes, the value of such property
shall be determined by assessed value of
adjacent lots
3. civil cases where the demand does not exceed
300k or not more than 400k MM
4. over actions involving personal property
valued at not more than 300k OMM or not
more than 400k MM
5. admiralty and maritime cases where the
demand or claim does not exceed 300k OMM
or does not exceed 400k MM
Summary Procedure (no trial)
1. All cases of Forcible Entry and Unlawful
Detainer, irrespective of the amount of
damages or unpaid rentals sought to be
recovered. Where AF are awarded, the same
shall not exceed 20k (Rule 70)
2. All other civil cases, except probate
proceedings, where the total amount of the
plaintiff’s claim does not exceed 100k OMM or
200k MM exclusive of interests and costs (as
amended by AM 2-11-9-SC)
3. Civil cases not higher than 200k Subject to the
Rule on Small Claims, as amended
Special Jurisdiction
In the absence of all RTC judges in a province, or city,
or any MTC judge may hear and decide
1. Petition for habeas corpus
2. Application for bail in criminal cases in the
province or the city where the absent RTC sit
Delegated Jurisdiction
1. Cadastral or land registration cases covering
lots where there is no controversy or
opposition
2. Cadastral or land registration cases covering
lots which is contested lots where the value of
which does not exceed 100k, such value to be
ascertained by the affidavit of the claimant or
by agreement of the respective claimant if
there are more than 1, or from the
corresponding tax declaration of the real
property
(Remedy in case adverse decision is to appeal to Court
of Appeals under Rule 41 by notice of appeal within 15
days
11
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

2. The existence of special or compelling

MTC has jurisdiction over accion reinvidicatoria and circumstances
accion publiciana depending on the assessed value 3. The merits of the case
4. A cause not entirely attributable to the fault or
Summary proceedings – motion to dismiss is not negligence of the party favored by the
allowed except lack of jurisdiction of the subject matter suspension of the rules
or the barangay 5. A lack of any showing that the review sought
is merely frivolous and dilatory
Small claims- motion to dismiss is not allowed. File a 6. The other party will not be unjustly prejudiced
verified response and raise the issue of jurisdiction as thereby
affirmative defense

SHARI’A CIRCUIT COURT

Exclusive Original Jurisdiction
1. All civil actions and proceedings between ACTION
parties who are Muslims or have been married ACTION CAUSE OF RIGHT OF
in accordance with Art 13 involving disputes ACTION ACTION
relating to: Suit filed in Act or omission Remedial right
a. Marriage court for by which a or right to relief
b. Divorce recognized under the code enforcement or party violates a granted by law
c. Betrothal or breach of contract or protection of right of to a party to
marriage a right, or the another (R2 S2) institute an
d. Customary dower (mahr) prevention or action against a
e. Disposition and distribution of redress of a person who has
property under divorce wrong (R1 S3) committed
f. Maintenance and support, and delict or wrong
consolatary gifts (mut’a) against him
g. Restitution of marital gifts Reason for the Remedy or
2. All cases involving disputes relative to action means
communal properties afforded or the
consequent
Why the need to discuss jurisdiction? relief
To know whether subject to Motion to Dismiss (Rule Formal Remedial right
S1b), that the court has no jurisdiction over the subject statement of given to a
matter of the case operative facts person
that give rise to because of
Required before commencement of action a occurrence of
1. Barangay conciliation – mandatory remedial right the
compulsory conciliation (LGC) alleged facts
2. Adverse claim in the Registry of Deeds where Matter of A matter of
property is located - Action involves title procedure and right and
possession and interest (Property Registration depends on the depends on
Code) pleadings filed substantive
3. Arbitration law – when there is a specific by the parties law
agreement between the parties that there must Not affected by Affected by
be an arbitration between them (doctrine of affirmative affirmative
party autonomy) (Voluntary Arbitration & defenses (fraud, defenses
Alternative Dispute Resolution) prescription,
estoppel, etc)
DOCKET FEES- needed to acquire jurisdiction over
the case Kinds of actions:
1ST GROUP: for purposes of venue under Rule 4
Exceptions on the immutability of judgment:
Grounds for the relaxation of rules Real Action
1. Matters of life, liberty, honor or property - Actions affecting title to or possession of real
property or any interest therein
12
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

(Art 415 NCC in consideration) Accion Action for a Accion

- Venue: R4 S1 reivindicatoria sum of money publiciana
Ex: specific performance involving real property with a claim for
damages
Personal Action
- an action seeks to recover personal property, 2 ND GROUP: for purposes of determining
enforcement of a contract, or the recovery of damages jurisdiction/service of summons
(A416 of NCC in consideration)
- Venue: R4 S2 Action In Rem
Ex: specific performance - one which is not directed only against particular
person, but against the thing itself and the object of
Mixed Action which is to bar indifferently all who might be minded
- when the plaintiff joins two or more causes of actions to make any objection against the right sought to be
based on the same act or occurrence, one of which is a enforced, hence, the judgment therein is binding
real action theoretically upon the whole world
- Venue: R4 S1 Note: all Special Proceedings are in rem actions
Ex: SLAPP Summons/notification by PUBLICATION

Local Action - an action which is required by the rules Action in Personam

to be instituted in a particular place in the absence of - one which is directed against particular persons on
any agreement to the contrary the basis of their personal liability to establish a claim
against them and the judgment wherein is binding
Transitory Action – an action the venue of which is only upon the parties impleaded or their successor in
dependent generally upon the residence of the parties interest
regardless of where the cause of action arose
Action Quasi In Rem
REAL ACTION PERSONAL MIXED - one which is directed against a particular persons but
ACTION ACTION the purpose of which is to bar and bind not only said
Ownership or Personal Both real and persons but any other person who claims any interest
possession of property is personal in the property or right subject of the suit
real sought to be properties are
property is recovered or involved Action in Action in Action
involved where damages rem personam Quasi in
for breach of Rem
contract are Directed against Directed against Directed against
sought the thing itself particular particular
Founded on Founded on Founded on persons persons
privy of real privity of both Jurisdiction over Jurisdiction over Jurisdiction over
estate contract person of person of the person of
Filed in court Filed in court Filed in court defendant is not defendant is the defendant is
where the where the where the required required not required as
property or any plaintiff property or any long as
part thereof is or any of the part thereof is jurisdiction over
situated (R4 S1) plaintiffs situated (R4 S1) the res is
resides, acquired
where A proceeding An action to A proceeding to
defendant or to determine the impose a subject the
any of the state or responsibility or interest of a
defendants condition of a liability upon a named
resides, or in thing person directly defendant
case of non- over a particular
resident property to an
defendant, obligation or
where he may lien
be found, at burdening it
election of Judgment is Judgment is Judgment is
plaintiff (R4 S2) binding on the bonding only binding upon
Example: Example: Example: whole world upon the parties particular
13
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

impleaded or persons over the res is acquired

their
successors in Examples of Actions:
interest 1. In Rem + Real Action
Examples: Examples: Examples: a. Quieting of title
Probate Action for Action for b. Land registration
proceeding, specific partition 2. In Rem + Personal Action
cadastral performance Action to a. Declaration of nullity of marriage
proceeding, Action for foreclose 3. In Personam + Real Action
special breach of real estate a. Action to recover title to or possession
proceedings contract mortgage of real property
b. Action to recover parcel of land
Real Action Action In Rem c. Ejectment cases, forcible entry and
Ownership or possession Action directed against unlawful detainer
of real property is the thing itself d. Reconveyance
involved 4. In Personam + Personal Action
Filed in court where Not necessarily; depends a. Action for damages
property or portion on whether the action is b. Injunction cases
thereof is situated real, 5. Quasi in rem + Real Action
personal, mixed a. Partition of real property
A proceeding founded on A proceeding to b. Foreclosure of real estate mortgage
privity of real estate determine state or 6. Quasi in rem + Personal action
condition of a thing a. Partition of personal property
Judgment may bind Judgment is binding upon
whole world, or the whole world
particular persons,
depending on whether in
rem, in personam, quasi
KATARUNGANG PAMBARANGAY
in
(RA 7160)
rem
-Establishes a system of amicably settling the disputes
at the barangay level
Personal Action Action in Personam
General Rule S412, LGC
Personal property is An action directed against
No complaint, petition, action or proceedings
sought to be recovered or particular persons, may
involving any matter within authority of the Lupon
where damages for be real action, personal
shall be filed or instituted directly or indirectly in court
breach of contract are action, mixed action
or in any other government office for adjudication
sought
unless there has been a confrontation between the
Founded on privity of Not necessarily; because
parties before the Lupon Chairman or the pangkat,
contract the action may also be
and that no conciliation or settlement has been
real or
reacehed as certified by lupon or pangkat chairman.
mixed
Filed in court where R4 S1 or R4 S2 may Exceptions to above rule:
plaintiff or any of govern, depending on 1. where one party is the government or any
defendants reside, whether the action is real subdivision or instrumentality thereof (Sec
at option of plaintiff (R4 action or personal action 408)
S2) 2. where one party is a public officer or
employee, and the dispute relates to
Mixed Action Quasi in Rem performance of his official functions (Sec 408)
Both real and personal Both real and personal 3. offenses punishable by imprisonment
properties are involved properties may also be exceeding 1 year or a fine exceeding 5k pesos
involved (Sec 408)
Founded on both privity Action directed against 4. offenses where there is no private offended
of real estate and privity particular persons, but party (Sec 408)
of contract jurisdiction over 5. where the dispute involves real properties
defendant is not required located in different cities or municipalities
as long as jurisdiction unless the parties thereto agree to submit their
14
 Civil Procedure Notes under Dean Ferdinand Tan
differences to amicable settlement by an
appropriate lupon (Sec 408)
6. disputes involving parties who actually reside
in barangays of different cities or
municipalities, except where such barangay
units adjoin each other and the parties thereto
agree to submit their differences to amicable
settlement by an appropriate lupon (Sec 408)
7. such other classes of disputes which the
President may determine in the interest of
justice (Secretary of Justice determines) (Sec
408)
8. where one of the parties is a juridical entity
such as corporation, sole corporation,
partnership and estate
9. where accused is under police custody or
detention (Sec 412 b)
10. where the person has otherwise been deprived
of personal liberty calling for habeas corpus
proceeding (Sec 412 b)
11. where the actions are coupled with
provisional remedies such as preliminary
injunction, attachment, delivery of personal
property, and support pendent lite (Sec 412 b)
12. where the action may otherwise be barred by
the statute of limitations (Sec 412 b)
13. in case of labor disputes
14. writ of amparo & writ of habeas data
15. action to annul a judgment upon a
compromise
16. CARL disputes
17. Disputes involving traditions of an indigenous
cultural community
Purpose of Barangay Proceedings:
1. To reduce the number of litigations
2. To prevent the deterioration of the quality of
justice which has been brought about by
indiscriminate filing of cases in the courts.
Venue of Barangay Conciliation Proceedings:
S409, LGC
1. Disputes between persons actually residing in
the same barangay shall be brought for
amicable settlement before the lupon of said
barangay
2. Those involving actual residents of different
barangays within the same city or
municipality shall be brought in the barangay
where the respondent or any of the
respondents actually resides, at the election of
the complainant
3. All disputes involving real property or any
interest therein shall be brought in the
barangay where the real property or the larger
portion thereof is situated
4. Those arising at the workplace where the
contending parties are employed or at the
By BA Cruz
institution where such parties are enrolled for
study, shall be brought in the barangay where
such workplace or institution is located
~Once not raised, it is deemed waived
~If failed to file MD, raise it as affirmative defense in
the answer
The complaint may be dismissed when:
1. The complaint did not state that it is one of the
excepted cases
2. It did not allege prior availment of the said
conciliation process
3. It did not have a certification that no
conciliation had been reached by the parties
Actual residency is necessary in order for the lupon to
acquire jurisdiction.
Barangay conciliation is not applicable in case
respondent is a non-resident.
Who may initiate the proceedings (S410 a)
(a) Who may initiate proceeding - Upon payment of
the appropriate filing fee, any 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 lupon chairman
of the barangay
Rules on appearance before Barangay Proceedings:
S415, LGC
In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance
of counsel or representative, except for minors and
incompetents who may be assisted by their next of kin
who are not lawyers.
(To enable the lupon to secure first hand and direct
information about the facts and issues)
~Confrontation with the Lupon Chairman is
considered as substantial compliance with the law on
barangay
~It is a well-settled that the non-referral of a case for
barangay conciliation when so required under the law
is not jurisdictional in nature and may therefore be
deemed waived if not raised seasonably in a motion to
dismiss
~New complaint should be filed before the barangay
against the heirs of the original respondent, otherwise
non-compliance with the rule
~Court’s act of referring back the case to the barangay
cures the defect
Non-compliance with barangay conciliation, a ground
for motion to dismiss for failure to comply with
condition precedent
Sec 1 J, Rule 16
15
 Civil Procedure Notes under Dean Ferdinand Tan
Section 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:
(j) That a condition precedent for filing the
claim has not been complied with
Dismissal is WITHOUT PREJUDICE
What is the remedy of the plaintiff/claiming party?
1. Before the finality of the order of dismissal,
comply with the requirements and motion to
revive
2. After the order of dismissal becomes final and
executory, re-file the case after compliance
with the condition precedent
Motion to dismiss was denied, remedy of defendant?
R16 S4 states that if the motion is denied, movant shall
file his answer within the balance of the period
granted by Rule 11 to which he was entitled at the time
of serving his motion, but not less than 5 days in any
event, computed from his receipt of the notice of the
denial. Proceed with the trial, and when the decision is
adverse, file an appeal raising as error the ground for
denial of the motion to dismiss. When the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction, file petition for certiorari
under Rule 65.
Is there motu proprio dismissal based on failure to
comply with barangay conciliation?
As a general rule law, no. Basis: Sec 1 Rule 9
Section 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
1. the court has no jurisdiction over the subject
matter,
2. that there is another action pending between
the same parties for the same cause,
3. or that the action is barred by a prior judgment
or
4. barred by statute of limitations
The court shall dismiss the claim.
Exception:
1. Summary Procedure
Sec. 4. Duty of court. — After the court determines
that the case falls under summary procedure, it may,
from an examination of the allegations therein and
such evidence as may be attached thereto, dismiss the
case outright on any of the grounds apparent
therefrom for the dismissal of a civil action. If no
ground for dismissal is found it shall forthwith issue
summons which shall state that the summary
procedure under this Rule shall apply.
By BA Cruz
Sec. 18. Referral to Lupon. — Cases requiring referral
to the Lupon for conciliation under the provisions of
Presidential Decree No. 1508 where there is no
showing of compliance with such requirement, shall
be dismissed without prejudice and may be revived
only after such requirement shall have been complied
with. This provision shall not apply to criminal cases
where the accused was arrested without a warrant.
2. Small Claims
May there be motion to dismiss based on lack of
barangay conciliation in Summary procedure?
Yes. (Section 19 in relation to Section 18)
May there be motion to dismiss based on lack of
conciliation in small claims cases?
No.
Is there an instance where the court may order the
case to be resolved in the Katarunang pambarangay?
Yes. Section 408 states that the court in which non-
criminal cases not falling within the authority of the
lupon under this Code are filed may, at any time
before trial motu proprio refer the case to the lupon
concerned for amicable settlement.
Effect of Amicable Settlement and Arbitration
Award:
S416, LGC
The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court
upon the expiration of 10 days from the date thereof,
unless repudiation of the settlement has been made or
a petition to nullify the award has been filed before the
proper city or municipal court.
However, this provision shall not apply to court cases
settled by the lupon under last paragraph of S408 of
this Code, in which case the compromise settlement
agreed upon by the parties before the lupon shall be
submitted to the court and upon approval thereof,
have the force and effect of a judgment of said court.
Grounds for repudiation
Where the consent is vitiated by fraud, violence, or
intimidation, or a petition to nullify the award is filed
before the proper city or municipal court.
How to repudiate the amicable settlement?
1. By filing with the Lupon Chairman a sworn
written statement to that effect, where the
consent is vitiated by fraud, violence or
intimidation within 10 days from the date of
settlement
2. By filing a petition for annulment of the
compromise agreement before the proper
court within 10 days from the date of the
settlement.
16
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

Is a letter a motion? As a general rule, no. Exception:

What is the remedy of a party when the other in small claims, a letter asking for a relief before the
repudiated the settlement? court is a motion
1. Enforce the compromise agreement in
accordance with LGC or Rules of Court as the Complaint (R6 S3)
case may be The complaint is the pleading alleging the plaintiff’s
2. Consider it rescinded and insist upon his cause or causes of action.
original demand in accordance with art 2041
of the NCC (no action for rescission is KINDS OF PLEADINGS
required) INITIATORY PLEADING
A pleading that commences/initiates an action
Rules on execution of judgment in Barangay 1. Original complaint
Proceedings: 2. Permissive counterclaim
S417, LGC 3. Cross claim
The amicable settlement or arbitration award may be 4. Third party complaint
enforced by execution by the lupon within 6 months 5. 4th party complaint
from the date of the settlement. After the lapse of such 6. Complaint in intervention
time, the settlement may be enforced by action in the 7. Petition in special civil actions and on special
appropriate city or municipal court. proceedings
8. Statement of claims under the Rules on Small
What is the mode of enforcement of a settlement Claims
executed by the parties?
1. By execution of the Punong barangay which is RESPONSIVE PLEADING
quasi-judicial and summary in nature on mere A pleading that responds to allegations in the adverse
motion of the party entitled thereto party’s pleading
2. By an action in regular form, which remedy is 1. Answer to original complaint
judicial 2. Answer to permissive counterclaim
This does not rule out the right of rescission under Art 3. Answer to cross claim
2041 of NCC 4. Answer to third party complaint
5. Answer to fourth party complaint
** In between Barangay conciliation and filing of 6. Answer to complaint in intervention
complaint, if real property is involved, plaintiff can file 7. Answer to the amended pleading
adverse claim over the property, or can file notice of lis 8. Answer to the supplemental pleading
pendens 9. Compulsory counterclaim
10. Reply
11. Verified Response in a Small Claims Case

Initiatory Pleading Responsive Pleading

It is a pleading which It is a pleading which
commences an action responds to the adverse
containing plaintiff’s party’s pleading
PLEADINGS cause or causes of action
(RULE 6)
Payment of docket fees Not required unless
PLEADING (R6 S1) compulsory
It needs to be verified It need not be verified as
Sworn written statements of the respective claims and
a general rule, except
defenses of the parties submitted to the court for
those required under the
appropriate judgment
rules and law
Is a motion a pleading? No Motion is an application It should contain a It need not contain a
for relief other than by a pleading (R15 S1) certification of non-forum certification of non-forum
shopping shopping, unless it is
A position paper IS NOT A PLEADING accompanied by
A memorandum IS NOT A PLEADING counterclaim or cross-
claim
Position Paper and Memorandum only narrate facts of It must be answered As a general rule, need
the case, issues, no cause of action, no defenses, but otherwise there is default not be answer. Except in
only contain discussions Summary Proceedings,
compulsory counterclaim
17
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

must be answered Plaintiff need not answer Plaintiff must answer this
this
Counterclaim (S6 R6) If the plaintiff does not The plaintiff who does
Is a pleading asserting a claim which a defending answer this, he cannot be not answer this, may be
party may have against an opposing party declared in default except declared in respect
in Summary Proceedings thereto
Is counterclaim a claim? No. It is a pleading asserting a (10 days)
claim It does not require a Being an initiatory
certification on non- pleading, it requires a
What are the requirements of a counterclaim? forum shopping certification on non-
1. It must be within the jurisdiction of the court forum shopping
both as to the amount and the nature thereof It is not an initiatory Lack of certificate of non-
2. Except that in an original action before the pleading and thus need forum shopping is fatal
RTC, the counterclaim may be considered not require a certification
compulsory regardless of amount of non-forum shopping
Counterclaim is available to original complaint, third Payment of docket fees is Payment of docket fees
party complaint and fourth party complaint suspended
Presence of third person Requires the presence of
Counter counter claim (S9 R6) not required 3rd person whom the
Is a pleading asserting a claim by the defending party court acquire jurisdiction
against the counter-claimant
Cross claim (S8 R6)
Compulsory Counter claim (Principle of Is a pleading asserting a claim by one party against a
Recoupment) (S7 R6) co-party arising out of the transaction or occurrence
Is a pleading which, being cognizable by the regular that is the subject matter either of the original action or
courts of justice, arises out of or is necessarily of a counterclaim therein
connected with the transaction or occurrence
constituting the subject matter of the opposing party’s Cross claim Counter claim
claim and does not require for its adjudication the It is against a co- It is against an opposing
presence of third parties of whom the court cannot defendant in a suit party
acquire jurisdiction
It arises out of the It may or may not arise
A via original complaint  B transaction or occurrence out of the same
B: I have the same claim with A that is the subject matter transaction or occurrence,
B via compulsory counter claim (answer)  A either of the original as in the case of
action or of a permissive counterclaim
Permissive Counter claim (Principle of Set-off)
counterclaim therein which is in effect a
Is a pleading which, being cognizable by the regular
separate pleading itself
courts of justice, which does not arise of or is not
connected with the transaction or occurrence
Counter cross claim (S9 R6)
constituting the subject matter of the opposing party’s
Is a pleading asserting a claim by the defending party
claim and require for its adjudication the presence of
against the cross-claimant
third parties of whom the court can acquire
A via original complaint  B&C
jurisdiction
C via cross claim  B
A via original complaint  B
B via counter cross claim  C
B: I have the different claim with A
B via permissive counter claim  A Bringing new parties (S12 R6)
When the presence of parties other than those to the
Compulsory Permissive Counterclaim
original action is required for the granting of complete
Counterclaim
relief in the determination of a counterclaim or cross-
It arises out of or is It does not arise out of
claim, the court shall order them to be brought in as
connected with the and is not connected with
defendants, if jurisdiction over them can be obtained.
transaction or occurrence the transaction or
~Via amendment
constituting the subject occurrence constituting
matter of the opposing the subject matter of the Third party complaint (S11 R6)
party’s claims opposing party’s claim Is a claim that a defending party may, with leave of
It is barred if not set up in It is not barred even if not court, file against a person not a party to the action,
the answer (or in the set up in the answer called the third (fourth, etc.) — party defendant for
amended answer)
18
 Civil Procedure Notes under Dean Ferdinand Tan
contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.
This is not mandatory.
This need not be based on the same theory as
the main claim
Requisites
1. The party to be impleaded must not yet be a
party to the action
2. The claim against the third-party defendant
must belong to the original defendant
3. The claim of the original defendant against the
third-party defendant must be based upon the
plaintiff’s claim against the original defendant
4. The defendant is attempting to transfer to the
third-party defendant the liability asserted
against him by the original plaintiff
A via original complaint  B
B: I am not liable!
B via third party complaint C
C: I am not liable!
C via fourth party complaint D
Complaint-in-intervention
Is an initiatory pleading filed before the court with
leave of court by a person who has a legal interest in
the matter in litigation and is not a party to the action,
or against either or all of the original parties, or is
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
A via original complaint  B defense in the answer
C: I have a claim with B too
C via Motion to Leave + Petition for Intervention B - Equivalent to motion to dismiss
C is a plaintiff-intervenor
A via original complaint  B
C: I have a claim with A too
C via Motion to Leave + Petition for Intervention 
A Remedy?
C is a defendant-intervenor
Answer (S4 R6)
Is a pleading in which a defending party sets forth his
defenses
Reply (S10 R6)
Is a pleading, the office or function of which is to deny,
or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer and thereby
join or make issue as to such new matters.
If a party does not file such reply, all the new matters
alleged in the answer are deemed controverted
Answer to third (fourth, etc.)—party complaint (S13
R6)— A third (fourth, etc.) — party defendant may
allege in his answer his defenses, counterclaims or
By BA Cruz
cross-claims, including such defenses that the third
(fourth, etc.) — party plaintiff may have against the
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 third-party
plaintiff.
DEFENSES SEC 5
1. Negative defense - 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.
2. Affirmative defense - An affirmative defense
is an allegation of 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:
a. Fraud
b. Statute of limitations
c. Release
d. Payment
e. Illegality
f. Statute of frauds
g. Estoppel
h. Former recovery
i. Discharge in bankruptcy
j. Any other matter by way of
confession and avoidance
Ground for motion to dismiss (if M2D not filed or
M2D denied), may be pleaded as an affirmative
Motion to set affirmative defense for hearing,
During hearing, defending party to present evidence
first - INVERTED TRIAL
Affirmative defense is granted, case is dismissed.
APPEAL (Because trial is on the merits)
With respect to negative defenses, note SPECIFIC
DENIALS
What is a negative pregnant?
- General denials are deemed admissions
- refers to a denial which implies its affirmative
opposite by seeming to deny only a qualification of the
allegation and not the allegation itself.
Plaintiff’s remedy in such a case?
- JUDGMENT ON THE PLEADINGS (Rule 34)
19
 Civil Procedure Notes under Dean Ferdinand Tan
What is the Strategic Lawsuit against Public
Participation? SLAPP
S1 R6 of Rules of Procedure on Environmental Cases
A legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person,
institution or the government has taken or may take in
the enforcement of environmental laws, protection of
the environment or assertion of environmental rights
shall be treated as a SLAPP and shall be governed by
these Rules
How can SLAPP be invoked as a defense? S2
In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the
defendant may file an answer interposing as a defense
that the case is a SLAPP and shall be supported by
documents, affidavits, papers and other evidence; and,
by way of counterclaim, pray for damages, attorney’s
fees and costs of suit.
What is the course of action of the court in case of
SLAPP?
The court shall direct the plaintiff or adverse party to
file an opposition showing the suit is not a SLAPP,
attaching evidence in support thereof, within a non-
extendible period of five (5) days from receipt of notice
that an answer has been filed.
When will the court do after the filing of the
opposition to SLAPP?
The defense of a SLAPP shall be set for hearing by the
court after issuance of the order to file an opposition
within fifteen (15) days from filing of the comment or
the lapse of the period.
What is the rule on the hearing on the SLAPP? S2
1. The hearing on the defense of a SLAPP shall
be summary in nature.
2. The parties must submit all available evidence
in support of their respective positions.
3. The party seeking the dismissal of the case
must prove by substantial evidence that his
act for the enforcement of environmental law
is a legitimate action for the protection,
preservation and rehabilitation of the
environment.
4. The party filing the action assailed as a
SLAPP shall prove by preponderance of
evidence that the action is not a SLAPP and is
a valid claim.
Resolution of the defense of a SLAPP S4
1. The affirmative defense of a SLAPP shall be
resolved within thirty (30) days after the
summary hearing.
2. If the court dismisses the action, the court may
award damages, attorney’s fees and costs of
By BA Cruz
suit under a counterclaim if such has been
filed. The dismissal shall be with prejudice.
3. If the court rejects the defense of a SLAPP, the
evidence adduced during the summary
hearing shall be treated as evidence of the
parties on the merits of the case. The action
shall proceed in accordance with the Rules of
Court.
Quantum of evidence assailing the action as a SLAPP
is substantial
Quantum of evidence maintaining the action not
SLAPP – preponderance of evidence
Limitations on pleadings in criminal, civil cases,
special proceedings and land registration cases:
Guidelines for Litigation in QC Trial Courts
Pleadings that may be filed:
1. Complaint
2. Answer
3. Reply
Limitations on pleadings that may be filed after reply
1. With prior leave of court
2. In no case to exceed 40 pages in length,
double-spaced, using size 14 font
RULES ON SUMMARY PROCEDURE
Pleadings allowed (S3)
1. Complaint
2. Compulsory counterclaim pleaded in the
answer
3. Crossclaims pleaded in the answer
4. Answers thereto
Prohibited Pleadings (S19 g, j, k, l)
1. Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court
2. Reply
3. Third-party complaints
4. Interventions
Prohibited Motions (S19 a, b, c, d, e, f, h, i)
1. Motion to dismiss the complaint or to quash
the complaint or information except on the
ground of lack of jurisdiction over the subject
matter, or failure to comply with S18
2. Motion for bill of particulars
3. Motion for new trial, or for reconsideration of
a judgment, or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings,
affidavits or any other paper
6. (Memoranda
7. Motion to declare the defendant in default
8. Dilatory motions for postponement
20
 Civil Procedure Notes under Dean Ferdinand Tan
RULES ON SMALL CLAIMS
Pleadings allowed
1. Statement of claim
2. Response (S11)
3. Permissive counterclaim (S13)
4. Compulsory counterclaim (S13)
Prohibited Pleadings (S14 g, j, k, l)
1. Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court
2. Reply
3. Third-party complaints
4. Interventions
Prohibited Motions (S14 a,b,c,d,e,f,h,i)
1. Motion to dismiss the complaint
2. Motion for bill of particulars
3. Motion for new trial, or for reconsideration of
a judgment, or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings,
affidavits or any other paper
6. (Memoranda
7. Motion to declare the defendant in default
8. Dilatory motions for postponement
WRIT OF AMPARO AND HABEAS DATA
Prohibited pleadings:
1. Counterclaim
2. Cross-claim
3. Third-party complaint
4. Reply
5. Pleadings in intervention
RULES ON ENVIRONMENTAL CASES
Pleadings allowed: (S1)
1. Complaint
2. Answer which may include compulsory
counterclaim
Motions allowed: (S1)
1. Motion for intervention
2. Motion for discovery
3. Motion for reconsideration of judgment
4. Motion for postponement, motion for new
trial, and petition for relief from judgment
Prohibited pleadings: (S2 e, f)
1. Reply and rejoinder
2. Third-party complaint
Prohibited motions: (S2 a-d)
1. Motion to dismiss the complaint
2. Motion for bill of particulars
By BA Cruz
3. Motion for extension of time to file pleadings,
except to file answer, the extension not exceed
15 days
4. Motion to declare defendant in default
COMPLAINT
What are the matters contained in the complaint?
1. The names and residences of the plaintiff and
defendant must be stated in the complaint
2. The acts or omission constituting the cause or
causes of action must be alleged in the
complaint
3. The relief prayed for
Only ultimate facts must be alleged
Jurisdiction
IF, court has no jurisdiction, Motion to Dismiss S1b
R16
(b) That the court has no jurisdiction over the subject
matter of the claim
Granted- Refile
Denied- S4 R16 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
GENERAL RULE on Summary Procedure: No Motion
to Dismiss is allowed (Prohibited Pleading)
EXCEPT:
1. Lack of jurisdiction over the subject matter of the
claim
2. Lack of jurisdiction over the person of the defendant
3. Failure to comply with Barangay Conciliation
Proceedings
HOWEVER, with respect to SMALL CLAIMS CASES,
ABSOLUTE RULE: motion to dismiss is not allowed
Reason: defeats the purpose of Small Claims
Proceedings
21
 Civil Procedure Notes under Dean Ferdinand Tan
CAUSE OF ACTION
(RULE 2)
Cause of Action (R2 S2)
Act or omission by which a party violates a right of
another
R2 S1 Every ordinary civil action must be based on a
cause of action
What are the elements of a cause of action?
1. Plaintiff exercises a legal right
2. Correlative obligation the part of defendant to
respect plaintiff’s legal right
3. Defendant violates plaintiff’s legal right in a
manner contrary to law, morals, good
customs, public order, public policy
~Payment of money – demand is required. No
demand, no delay
*STATE ALL CAUSES OF ACTION in the
PLEADING!
IF NOT, remedy:
M2D R16 S1g- failure to state cause of
action
GRANTED: refile; amend pleading
Denied:
S4 R16 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. Then, proceed with the trial. In case of
adverse decision, I will appeal the judgment and
assign as error the denial of the motion to dismiss.
However, if the denial is tainted with GAD amounting
to lack or excess of jurisdiction, then I will file petition
for certiorari under Rule 65.
Joinder of Causes of Action (R2 S5)
A party may in one pleading assert, in the alternative
or otherwise, as many causes of action as he may have
against an opposing party, subject to the following
conditions:
a. That the party joining the causes of action
shall comply with the rules on joinder of
parties
b. The joinder shall not include special civil
actions and actions governed by Special Rules
~ Proceedings
~Special Civil Actions:
1. Interpleader (R62)
2. Declaratory Relief, reformation of
instrument, quieting of title and
consolidation of ownership (R63)
By BA Cruz
3. Review of Judgments and Final orders
or resolutions of COMELEC, CoA
(R64)
4. Certiorari, Prohibition, Mandamus
(R65)
5. Quo Warranto (R66)
6. Expropriation (R67)
7. Foreclosure of Real Estate Mortgage
(R68)
8. Partition (R69)
9. Forcible Entry and Unlawful Detainer
(R70)
10. Contempt (R71)
Actions governed by special rules (Special
proceedings):
1. Probate of the will
2. Intestate estate proceedings
3. Escheat
4. Trustees
5. Guardianship of minors or
incompetents and custody of minors
6. Adoption and revocation of adoption
7. Hospitalization of insane person
8. Habeas corpus
9. Change of name
10. Declaration of absence and death
11. Correction of entries in the civil
registry
12. Insolvency proceedings
13. Alternative dispute resolution
14. Annulment of marriage
15. Declaration of nullity of marriage
16. Writs of amparo and habeas data
17. Environmental cases
18. Special rules on Alternative Dispute
Resolution
c. Where the claims pertain to different venues
or jurisdictions, the joinder shall be allowed in
the RTC provided that one of the causes of
action falls within the jurisdiction of said court
and the venue lies therein
d. Where the claims in all causes of action are
principally for recovery of money, the
aggregate amount claimed shall be the test of
jurisdiction (Totality rule)
Rules of joinder in Small Claims (S6 RSCC)
Plaintiff may join in a single statement of claim one or
more separate small claims against a defendant
provided that the total amount claimed, exclusive of
interest and costs, does not exceed P200,00.00, as
amended. (Totality Rule)
Splitting a Single Cause of Action:
It is the act of dividing or indivisible cause of action
into several causes of actions and bringing several
actions thereon
22
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

~A form of forum shopping Rule on misjoinder of cause of action (S6 R2)

Test: same evidence test or where the defenses in one Misjoinder of causes of action is not a ground for
case may be used to substantiate the complaint in the dismissal of an action. A misjoined cause of action
other may, on motion of a party or on the initiative of the
~ex: collection of rent (payment) is incidental to court, be severed and proceeded with separately.
unlawful detainer
Misjoinder of cause of action – wrongfully joining of
One suit for a single cause of action R2 S3 causes of action into a single complaint
A party may not institute more than one suit for a
single cause of action Non-joinder of cause of action – a cause of action is
not joined
Rule on Splitting a Single Cause of Action: R2 S4
If two or more suits are instituted on the basis of the Rule in non-joinder of cause of action
same cause of action, the filing of one or a judgment Inclusion by amendment
upon the merits in any one is available as a ground for
dismissal of the others. Rule in case the plaintiff fails to follow the order of
amendment of the joinder of cause of action
What are the Grounds for dismissal? R 17 S3 Section 3. Dismissal due to fault of plaintiff. — If,
 That there is another action pending between for no justifiable cause, the plaintiff fails to comply
the same parties for the same cause with these Rules or any order of the court, the
 That the cause of action is barred by a prior complaint may be dismissed upon motion of the
judgment defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute his
Can there be motu proprio dismissal? counterclaim in the same or in a separate action. This
Yes. S1 R9 When it appears from the pleadings or the dismissal shall have the effect of an adjudication upon
evidence on record that the court has no jurisdiction the merits, unless otherwise declared by the court.
over the subject matter, that there is another action
pending between the same parties for the same cause, Failure to state a cause of Lack of cause of action
or that the action is barred by a prior judgment or by action
statute of limitations, the court shall dismiss the claim. Ground for motion to Ground to demurrer to
Since the dismissal is based on res judicata and litis dismiss (R16) evidence (R33)
pendentia, there is a motu proprio dismissal. Must be made within the Filed after the plaintiff
time for but before filing has completed the
What is the nature of dismissal? an answer presentation of evidence
Dismissal is with prejudice to re-filing of the case. S5 or rested its case
R16: Effect of dismissal. — Subject to the right of It is determined on the It is based on
appeal, an order granting a motion to dismiss based on basis of the allegations in insufficiency of evidence
paragraphs (f), (h) and (i) of section 1 hereof shall bar the complaint
the refiling of the same action or claim. It is curable by After filing DE, the
(f) That the cause of action is barred by a prior amendment of the plaintiff may not ask for
judgment or by the statute of limitations; pleading (S3 R16) as a an amendment of his
(h) That the claim or demand set forth in the matter of right before a pleading but may ask the
plaintiff's pleading has been paid, waived, abandoned, responsive pleading has court for the admission of
or otherwise extinguished; been filed a supplemental pleading
(i) That the claim on which the action is in light of supervening
founded is enforceable under the provisions of the events
statute of frauds; If M2D is granted, the If DE is granted, the
dismissal is without dismissal is with
What is Statute of Frauds? prejudice. Remedy: Refile prejudice. Remedy:
These are the contracts under the Civil Code of the the case Appeal.
Philippines that must be in writing in order to be If M2D is denied, the If DE is denied, the
enforceable. movant shall file his plaintiff will present his
answer within the balance evidence
Remedy? Appeal. Basis? R 41 S1P1 An appeal may be of the period prescribed
taken from a judgment or final order that completely by Rule 11 to which he
disposes of the case, or of a particular matter therein was entitled at the time of
when declared by these Rules to be appealable. serving his motion, but
not less than five (5) days
23
 Civil Procedure Notes under Dean Ferdinand Tan
in any event, computed
from his receipt of the
notice of the denial.
Rule 16 – the court may grant, deny or order
amendment
Rule on consolidation of cases in case of identity of
cause of action (S1 R31)
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.
PARTIES
RULE 3
Who are the parties in a civil action?
1. Natural persons
2. Juridical persons
3. Entities authorized by law
Entities authorized by law who may be parties to a
civil action:
1. State or its political subdivision
2. Labor organizations
3. Partnership by estoppel - a partnership
whereby a person, by words spoken or written
or by conduct, represents himself, or consents
to another representing him to anyone, as a
partner in an existing partnership or with one
or more persons not actual partners
4. Corporation by estoppel – corporation
whereby a person assumes to act as a
corporation knowing it to be without
authority
5. Foreign corporations according to the
Intellectual Property Code, even though not
engaged in business in the Philippines may
nevertheless bring a civil or administrative
action for opposition, cancellation,
infringement, unfair competition, or false
designation of origin and false description,
whether or not it is licensed to do business in
the Philippines under existing laws.
Plaintiff
A person having an interest in the matter of the action
or in obtaining the relief demanded
By BA Cruz
Who are the plaintiffs?
1. Claiming party
2. Counter claimant
3. Cross claimant
4. Third party plaintiff
5. Fourth party plaintiff
Defendant
A person claiming an interest in the controversy or the
subject thereof adverse to the plaintiff
Who are the defendants?
1. Original defending party
2. Defendant in counterclaim
3. Cross defendant
4. Third party defendant
5. Fourth party defendant
What are the classifications of parties in a civil
action?
1. Real Parties in Interest
2. Representative Parties
3. Indispensable Parties
4. Proper/Necessary Parties
Real Party In Interest (R3 S2)
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 the suit.
Rule on Real Party in interest
Unless otherwise provided by law or these rules, every
action must be prosecuted or defended in the name of
the real party in interest
~If there is a motion to dismiss, you can amend as a
matter of right before filing of responsive pleading
If a party who filed the case or against whom a case
is filed is not a real party in interest, what is the rule?
Dismiss the case on the ground of failure to state a
cause of action (R16 S1g)
What is the nature of dismissal?
Dismissal without prejudice (R16 S5)
Remedy of defendant if he failed to file a M2D?
R16 S 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.
Remedy available to plaintiff in case of dismissal of
the action for failure to state a cause of action
1. S3 R16 It may be curable by amendment as a
matter of right
24
 Civil Procedure Notes under Dean Ferdinand Tan
2. S5 R16 Refile the case
Is there motu proprio dismissal of action under
Summary Procedure on the ground of failure to state
a cause of action?
Yes. S4 Rules on Summary Procedure
Real Parties in Interest in Environmental Cases
1. Any real party-in-interest
2. Government
3. Juridical entities authorized by law
Real Parties in Interest in Citizen Suit
1. Any Filipino citizen in representation of others
2. Including minors or generations yet unborn
Real Parties in Interest in Civil Forfeiture
The Republic of the Philippines, through the Anti-
Money Laundering Council, represented by the Office
of the Solicitor General
Real Party in Interest in Derivative Suit
Corporation; Stockholder merely nominal
Indispensable Party (R3 S7)
An indispensable party is a party in interest without
whom no final determination can be had of an action
who shall be joined either as plaintiff or defendant
Proper/ Necessary Party (R3 S8)
A necessary party is a party 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
Party those presence is necessary to adjudicate the
whole controversy, but those whose interests are so far
separable that final decree can be made in their
absence without affecting them
Joinder of parties R3 S6
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.
Requisites:
1. Right to relief arises out of the same
transaction or series of transactions
By BA Cruz
2. Jurisdiction over plaintiffs and defendants can
be obtained
3. There is question of law or fact common to all
plaintiffs or defendants
4. Such joinder is not otherwise proscribed by
the provisions of the rules on jurisdiction and
venue
Misjoinder and non-joinder of parties.S11 R3
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 the
action and on such terms as are just. Any claim against
a misjoined party may be severed and proceeded with
separately.
IF so, remedy: Amendment of the pleading (Rule 3 in
relation to Rule 10
Pro Forma Party
Parties who are required to be joined as co parties in
suits by or against another party as may be provided
by the applicable substantive law or procedural rule
Rule on Spouses as parties R3 S4
Husband and wife shall sue or be sued jointly, except
as provided by law.
Why? Because they are co-administrators of their
property
EXCEPTIONS:
Actions involving the exclusive property of the spouse
which are as follows:
1. Property brought to the marriage as his or her
own
2. That which each acquires during the marriage
by gratuitous title
3. That which is acquired by right of redemption,
by barter or by exchange with property
belonging to only one of the spouses
4. That which is purchased with exclusive
money of the wife or of the husband
Rule on minors (R3 S5)
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.
Representative party R3 S3
Party acting in a fiduciary capacity
The beneficiary shall be included in the title of the case
and shall be deemed to be the real party in interest. It
may be:
1. Trustee of an express trust
2. Guardian
3. Executor
4. Administrator
25
 Civil Procedure Notes under Dean Ferdinand Tan
5. Agent acting in his own name and for the
benefit of an undisclosed principal may
sue or be sued without joining the principal
except when the contract involves
things belonging to the principal
Class Suit
It is filed regarding a controversy of common or
general interest in behalf of many persons so
numerous that it is impracticable to join all as parties,
a number which the court finds sufficiently numerous
and representative as to fully protect the interests of all
concerned may sue or defend for the benefit of all
Derivative Suit
It is a suit in equity that is filed by a minority
shareholder in behalf of the corporation to redress
wrongs committed against it, for which the directors
refuse to sue
Citizen Suit
It is an action filed by any Filipino citizen in
representation of others, including minors or
generations not yet born to enforce rights and
obligations under environmental laws.
Quasi Party
Parties in whose behalf a class or representative suit is
brought
Not a real party in interest: Remedy? MOTION TO
DISMISS on the ground of failure to state cause of
action
Granted- refile
Denied: I will file an answer within the balance of
the period prescribed by Rule 11 to which I am entitled
at the time of serving my motion, but not less than 5
days in any event, computed from my receipt of notice
of denial. Then, proceed with the trial. In case of
adverse decision I will appeal the judgment and assign
as error the denial of the motion to dismiss. However,
if the denial is tainted with GAD amounting to lack or
excess of jurisdiction, then I will file petition for
certiorari under Rule 65.
Rule in Alternative Defendants Section 13
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.
Rule in Unknown identity or name of defendant
Section 14
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 accordingly.
By BA Cruz
Rule in Entity without juridical personality as
defendant Section 15
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 name and
addresses of the persons composing said entity must
all be revealed.
Rule in Death of party; duty of counsel Section 16
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 his
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.
~Relate to Section 20
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.
General Rule: death of a party extinguishes the
obligation (NCC)
What are the actions that survives the death of a
party? (Actions by and against administration R87)
1. Action to recover real and personal property
form the estate
2. Payment of funeral expenses
3. Action to enforce a lien thereon
4. Actions to recover damages for an injury to
person or property
5. Action to recover damages arising from delicts
6. Actions based on the tortuous conduct of the
defendant
7. Action for quieting of title with damages
8. Ejectment cases
9. Forcible entry
10. Unlawful detainer
26
 Civil Procedure Notes under Dean Ferdinand Tan
11. Sec 20 Rule 3
~Claim against the estate of the deceased. It is
appealable (Rule 86 S9 & S13)
Action which may NOT be brought against the
executor or administrator
1. The recovery of money
2. Debt
3. Interest thereon
Rule in Death or separation of a party who is a
public officer Section 17
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 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. (18a)
Incompetency or incapacity Section 18. — 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. (19a)
Transfer of interest. Section 19. — 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.
Action and contractual money claims. Section 20. —
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. (21a)
What claims can be charged against the estate?
1. All claims for money against the decedent,
arising from contract, express or implied,
By BA Cruz
whether the same be due, not due or
contingent
2. All claims for funeral expenses
3. Expenses for the last sickness of the decedent
4. Judgment for money against the decedent
must be filed within the time limited in the
notice (if not filed, barred forever)
What are the remedies of the debtor in case an action
is commenced by the deceased and prosecuted by
executor?
1. Set forth by answer the claims he has against
the decedent, instead of presenting
independently to the court
2. Mutual claims may be set off against each
other in such action
3. If final judgment is rendered in favor of the
defendant, the amount so determined shall be
considered the true balance against the estate,
as though the claim had been presented
directly before the court in the administration
proceedings
4. Claims not yet due, or contingent, may be
approved at their present value
Remedy of the party in case of approval or
disapproval of the claim (S13 R86)
The judgment of the court approving or disapproving
a claim, shall be filed with the record of the
administration proceedings with notice to both parties,
and is appealable as in ordinary cases.
What does the judgment include?
A judgment against the executor or administrator shall
be
1. that he pays, in due course of administration,
the amount ascertained to be due, and
2. it shall not create any lien upon the property
of the estate, or
3. it shall not give to the judgment creditor any
priority of payment.
Who is an Indigent party? Section 21
One who is allowed to litigate an action who has no
money or property sufficient and available for food,
shelter and basic necessities for himself and his family
~In relation to S11 Art 3 of the Constitution
What are the requirements to be declared as an
indigent?
1. upon an ex parte application and hearing
2. the court 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
27
 Civil Procedure Notes under Dean Ferdinand Tan
What are the effects of declaration of party as
indigent?
1. an exemption from payment of docket and
other lawful fees, and
2. exemption from the payment of transcripts of
stenographic notes which the court may order
to be furnished him.
3. 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.
What is the remedy of the adverse party in case of
declaration of indigency?
Any adverse party may contest the grant of such
authority at any time before judgment is rendered by
the trial court.
What is the effect if the party has sufficient income?
If the court should determine after hearing that the
party declared as an indigent is in fact a person with
sufficient income or property, the proper docket and
other lawful fees shall be assessed and collected by the
clerk of court. If payment is not made within the time
fixed by the court, execution shall issue or the
payment thereof, without prejudice to such other
sanctions as the court may impose.
Notice to the Solicitor General. Section 22.
In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules
or regulations, the court, in its discretion, may require
the appearance of the Solicitor General who may be
heard in person or a representative duly designated by
him.
Solicitor General legal counsel for the government (EO
292)
~All pleadings without impleading SG is null and
void
Unwilling co-plaintiff. Section 10. — If the consent of
any party who should be joined as plaintiff cannot be
obtained, he may be made a defendant and the reason
therefor shall be stated in the complaint.
VENUE
RULE 4
Venue
It is the geographical location where the case is to be
instituted, heard and tried
By BA Cruz
Nature and purpose? It is merely a matter of
procedural and not substantive law, as it was meant
for convenience of the parties. It is not jurisdictional.
Venue in real actions R4 S1
Actions affecting title to or possession of real property
or interest therein shall be commenced and tried in the
proper court which has jurisdiction over the area
wherein the real property involved or a portion
thereof is situated.
Annulment of title with damages is a real action
Action for annulment or rescission of contract over a
real property is a real action
Action for revival of judgment involving real property
is a real action
Forcible entry and unlawful detainer actions shall be
commenced and tried in the MTC of the municipality
or city wherein the real property involved or a portion
thereof is situated.
~If there are several venue involving different actions,
file separate actions.
~If there is a real property involved, real action
Venue in personal actions R4 S2
All other actions may be commenced and tried
1. where the plaintiff or any of the principal
plaintiffs resides,
2. where the defendant or any of the defendants
resides,
3. or in case of a non-resident defendant he may
be found at the election of the plaintiff.
~Plaintiff or defendant must be resident of the place
where the action must be instituted.
~If the plaintiff has no residence, there can be no
election as to the venue of filing.
Mixed action: where the property is located
Example: Annulment of sale and recovery of land
Venue in case of non-resident defendants R4 S3
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
1. the place where the plaintiff resides, or
2. where the property or any portion thereof is
situated or found
When Rule not applicable. Section 4. — This Rule
shall not apply.:
(a) In those cases where a specific rule or law
provides otherwise; or
28
 Civil Procedure Notes under Dean Ferdinand Tan
(b) Where the parties have validly agreed in
writing before the filing of the action on the
exclusive venue thereof.
Exclusivity of venue
1. The parties have validly and binding agreed in
writing
2. The agreement in writing was made
before the filing of the action
3. Exclusive venue is stipulated
~If the venue is permissive, then the venue is in
addition to the rules on venue
~If one of parties is questioning the existence of the
agreement (intrinsic validity), then the exclusivity rule
will not apply
Improper venue is a ground for a dismissal of the
action R 16 S 1 C
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:
(c) That venue is improperly laid;
Can the court motu proprio dismiss the case based on
improper venue?
No except summary procedure (Sec 4 of RSP)
(Dismissal is without prejudice)
Remedy in case of dismissal on improper venue?
Re-file the case.
Remedy in case motion to dismiss is denied? S4R16
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.
If the denial of the motion is tainted with grave abuse
of discretion amounting to lack or excess of
jurisdiction, file petition for certiorari under Rule 65.
Remedy in case no motion to dismiss is filed? S6R16
If no motion to dismiss has been filed,
1. any of the grounds for dismissal provided for
in this Rule may be pleaded as an affirmative
defense in the answer and,
2. in the discretion of the court, a preliminary
hearing may be had thereon as if a motion to
dismiss had been filed.
Motion to dismiss on the ground of improper venue IS
A PROHIBITED PLEADING under the Rules on
By BA Cruz
Summary Procedure, and more so in Small Claims
Remedy: raise the ground as an affirmative defense
Is there a motu proprio dismissal based on improper
venue?
As a general rule, no.
Exception:
1. Rules on Summary Procedure (S4 or S11)
2. Rules on Small Claims (S12)
~If he is engaged in a lending business, the venue may
be where the branch of the office is located. The court
may dismiss the case with prejudice. Remedy:
certiorari. The decision is final and un-appealable
~Venue in civil and special proceedings is waivable
PARTS OF A PLEADING
RULE 7
Formal Requirements of pleading
1. Captions
2. Body
3. Signature and address
4. Verification
5. Certification of against forum shopping
Other requirements:
6. Professional Tax Receipt Number
7. IBP Official Receipt Number
8. Rolls of Attorney
9. MCLE Certificate of Compliance or
Certification of Exemption
10. Evidence of Competent Identity in the jurat of
the pleading
~All pleadings must state the compliance
Captions of a pleading (S1 R7)
The caption sets forth:
1. Name of the court
2. Title of the action
3. Docket number if assigned
Title of the action:
1. Indicates the names of the parties.
2. They shall be named in the original complaint
or petition
3. 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.
29
 Civil Procedure Notes under Dean Ferdinand Tan
4. Their respective participation in the case shall
be indicated.
The allegations in the complaint not the caption
determine the nature of the case.
Body of the pleading (R7 S2) shall set forth its:
1. Its designation
2. The allegations of the party’s claims or
defenses
3. The relief prayed for
4. Date of the pleading
What is the manner of making allegations in the
body of the pleading?
1. The allegations in the body of a pleading shall
be divided into paragraphs so numbered as to
be readily identified
2. Each of which shall contain a statement of a
single act of circumstances so far as can be
done with convenience.
3. A paragraph may be referred to by its number
in all succeeding pleadings.
What is the rule in case two or more causes of actions
are joined in a complaint?
When 2 or more causes of action are joined,
1. The statement of the first shall be prefaced by
the words ―first cause of action‖
2. The second by ―second cause of action‖ and so
on for the others.
3. 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 second cause of
action or answer to the second cause of action
and so on; and
4. When one or more paragraphs are addressed
to several causes of action, they shall be
prefaced by words to that effect.
What are included in the relief?
The pleading shall specify:
1. The relief sought
2. It may add a general prayer for such further or
other relief as may be deemed just and
equitable. (Court of Equity)
The court cannot grant relief not prayed for in the
pleading. Reason: due process
Date
Every pleading shall be dated
Signature and address R7 S3
Every pleading must be
1. signed by the party or counsel representing
him
By BA Cruz
2. He must state in either case his address which
should not be a post office box.
It is the duty of the counsel to promptly inform the
court of a change of his address
Note: counsel may be held liable for disciplinary
action case under Sec 27, Rule 138 if the outcome of the
case is prejudicial to the right of his client due to his
negligence
What is the significance of the signature of the
counsel?
The signature of counsel constitutes a certification by
him that
1. he has read the pleading,
2. to the best of his knowledge, information or
belief there is good ground to support it, and
3. That it is not interposed for delay
What is the effect of unsigned pleading?
An unsigned pleading produces no legal effect.
What is the course of action of the court?
The court may, in its discretion, allow such deficiency
to be remedied if it appear that the same was due to
mere inadvertence and not intended for delay.
Counsel who deliberately files unsigned pleading or
signs a pleading in violation of these 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
Verification R7 S4
It is a statement under oath. It includes both the actual
swearing to the truth of the statements by the
subscriber and also the certification thereto by the
notary or other officer authorized to administer the
oath.
Purpose
To secure the assurance that the allegations in the
petition have been made in good faith, or are true and
correct and not merely speculative
Nature: only a formal and not jurisdictional requisite
General Rule: Pleadings need not be under oath,
verified, or accompanied by affidavit.
Exception: when otherwise specifically required by
law or rule
Under AM No. 00-2-10 of SC amending S4R7
mandates that a pleading shall be verified by an
affidavit wherein the affiant states that:
1. He has read the pleadings
30
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

2. That the allegations therein are true and 6. Complaint for injunction (R58 S4)
correct of his own knowledge and authentic 7. Application for appointment of receiver (R59
records S1)
8. Application for support pendent lite (Rule 61
There is a substantial compliance when one who has S1)
ample knowledge to swear to the truth of the 9. All complaints, compulsory counterclaims and
allegations in the complaint or petition signs the cross-claims’ pleaded in the answer, and the
verification answers thereto, filed under summary
In case of lack of verification, the court may order the procedure in the MTC, MTCC, MeTC, and
correction of the pleading. MCTC (S3 R2, RSP)
10. Petition for appointment of a general guardian
Lack of verification Lack of Certificate (S2 R93)
against Forum Shopping 11. Petition to leave to sell or encumber property
Non-compliance does not Failure of the petitioner to of an estate by a guardian (S1 R95)
necessarily render the submit the required this 12. Petition for the declaration of competency of a
pleading fatally defective certification shall be ward (S1 R97)
sufficient ground for the 13. Statement of claims for Small Claims Cases as
dismissal well as response thereto (S5 R11, RPSCC)
The court may order the It is generally not curable 14. Complaints filed under the Interim Rules of
correction of the pleading by the submission thereof procedure on Intra-Corporate Controversies,
after filing of the petition as well as the Answer thereto (S3 R2, Interim
A lawyer may sign the A lawyer cannot sign this Rules of procedure on Intra-corporate
verification certification. It must be controversies)
signed by the plaintiff or 15. All pleadings, motions, oppositions, defenses
any of the principal or claims filed by any interested party in any
parties proceeding governed by the Rules of
It is only a formal, not procedure on Corporate Rehabilitation (S1, R3,
jurisdictional Rules of Procedure on Corporate
requirement; Intended to Rehabilitation)
secure an assurance that 16. Complaints filed with the CTA (S1, R6,
allegations in the Revised Rules of Procedure of the CTA)
pleading are true and 17. Petitions for Review filed with CTA (S2, R6,
correct and not a product Revised Rules of Procedure of the CTA)
of the imagination and 18. Application of an issuance for a writ of search
that it is filed in good and seizure in civil actions for infringement of
faith intellectual property rights (S4, Rule on Search
and Seizure in Civil Actions for Infringement
If the person who signed the verification has no of IP Rights)
authority, dismissal of the complaint since the court 19. Election protests or petitions for quo warranto
has no jurisdiction over the complaint and the plaintiff relating to elective municipal and barangay
officials filed with the general courts, as well
A pleading required to be verified which contains a as answers thereto (S7 R3 and S1R4, Rules of
verification based Procedure in Election Contests Before the
1. on information and belief or Courts Involving Elective Municipal and
2. upon knowledge, information and belief Barangay officials)
3. or lacks a proper verification (all initiatory pleadings)
shall be treated as an unsigned pleading 20. Original Complaint
21. Permissive Counterclaim
What are the pleadings that need to be verified? 22. Cross Claim
1. Petition for relief from judgment or order (R38 23. 3rd 4th etc party complaint
S3) 24. Complaint in intervention
2. Petition for review from RTC to CA (R42 S1) 25. Petition
3. Petition for review from CTA and quasi- (all Special Civil Actions)
judicial agencies to the CA (R43 S5) 26. Interpleader (R62)
4. Petition for Review on certiorari from the RTC 27. Declaratory Relief, reformation of instrument,
or CA to SC (R45 S4) quieting of title and consolidation of
5. Petition for annulment of judgment or final ownership (R63)
orders and resolutions (R47S4)
31
 Civil Procedure Notes under Dean Ferdinand Tan
28. Petition for certiorari against Judgments, Final
Orders or Resolutions of COMELEC, CoA
(R64)
29. Petitions for certiorari, prohibition, mandamus
(R65)
30. Petition for Quo Warranto (R66)
31. Complaint for Expropriation (R67)
32. Foreclosure of Real Estate Mortgage (Rule 68)
33. Partition (R69)
34. Complaint for Forcible Entry and Unlawful
Detainer, the answers thereto, and the answers
to any compulsory counter-claim and cross-
claim pleaded in the answer (R70)
35. Petition for indirect contempt (R71)
(all Special Proceedings)
36. Settlement of Estate of Deceased (R73-90)
37. Escheat (R91)
38. Petition for guardianship of minors (AM No.
03-04-04-SC)
39. Petition for guardianship of incompetents
(R92-97)
40. Petition for custody of minors in relation to
habeas corpus, (AM No. 03-04-04-SC))
41. Trusteeship (R98)
42. Petition for Domestic Adoption (Domestic
Adoption Act, RA 8552)
43. Petition for inter country adoption (Inter
Country Adoption Act, RA 8043)
44. Petition for Habeas Corpus (S3 R102)
45. Writ of Amparo (The Rule on Writ of Amparo)
46. Writ of Habeas Data (The Rule on the Writ of
Habeas Data)
47. Change of Name (S2 R103)
48. Cancellation or Correction of Entries in the
Civil Registry (S1 R108) or for correction of a
clerical or typographical error in an entry
pursuant to RA 9048
49. Petition for Voluntary Judicial Dissolution of
Corporations (S1 R 104)
50. Judicial Approval of Voluntary Recognition of
Minor Natural Children (Family Code,)
51. Constitution of the Family Home (Family
Code)
52. Declaration of Absence and Presumptive
Death (R107 in relation to Civil and Family
Code )
53. Petition for declaration of absolute Nullity of
void marriages and Annulment of voidable
Marriage (Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of
Voidable Marriages S 5)
54. Petition for legal separation (Rule on Legal
Separation, Section 2 [b][3])
55. Petitions in summary judicial proceedings in
the family law based on Arts. 41, 51, 69, 73, 96,
124, 127, 223, 225, 235, and 239 of Family
Code)
By BA Cruz
General Rule: Responsive pleading does not need
verification
Exception:
1. Answer to original complaint
2. Answer to permissive counterclaim
3. Answer to cross claim
4. Answer to third party complaint
5. Answer to fourth party complaint
6. Answer to complaint in intervention
7. Answer to the amended pleading
8. Answer to the supplemental pleading
9. Response in a Small Claims Case
10. Answer to written interrogatories
11. Answer to request for admission
12. Answer under Rules of Summary Procedure
13. When the action is based on actionable
document
14. Answer to allegations to usury
15. Response to petition for writ of amparo
16. Response to petition for writ of Habeas data
17. Response to petition for Writ of kalikasan
18. Response to petition for Writ of continuing
mandamus
Does compulsory pleading need to be verified?
General Rule: No
Exception: in summary procedure and small claims
Pleadings not required to be verified in the manner
and form prescribed by S4 of this Rule but the same
must be under oath:
1. Denial of genuineness and due execution of
actionable document (R8 S8)
Exception (when verification is not
required)
a. When the person denying is
not a party to the document
b. In case of refusal to comply
with the order of inspection
2. Denial of allegations of usury (R8S11)
3. Motion to set aside default order (R9 S3b)
4. Answer to written interrogatories (R25 S2)
5. Answer to request for admission (R26 S2)
The following pleadings or motion with affidavit or
affidavits of merit:
1. Motion to postpone for absence of evidence
(R30 S3)
2. Motion to postpone for illness of a party or
counsel (R30 S4)
3. Motion for summary judgment or opposition
thereto (R35 S1,2,3,5)
4. Motion for new trial on the ground of fraud,
accident, mistake, or excusable negligence or
opposition thereto (R37 S2)
5. Petition for relief from judgment or order (R38
S3)
6. Third party claim (R39 S16)
32
 Civil Procedure Notes under Dean Ferdinand Tan
7. Proof required of a redemptioner (R39 S30)
8. Motion for preliminary attachment (R57 S3)
9. Motion for dissolution of preliminary
injunction (R58 S6)
10. Application for writ of replevin (R60 S2)
11. Claim against estate of a decedent (R86 S9)
12. Motion for new trial on the ground of newly
discovered evidence in criminal cases (R121
S4)
Effect of non-verification of pleading (Action of the
court)
When the circumstance warrant, the court may simply
order the correction of unverified pleading or act on it
and waive strict compliance with the rules in order
that the ends of justice thereby be served
Verification in Trial Court can be corrected
Verification in the appellate higher courts, it shall be
denied
If the pleading is not verified, as counsel for
plaintiff, remedy?
File for judgment on the pleadings under Rule 34 S1,
on the ground of admission of material allegations of
the adverse party’s pleadings. Ground is based on the
fact that an answer is filed, but there is no genuine
issue because the allegations are deemed admitted.
R34 S1
Grounds for judgment on the pleadings:
Answer fails to tender an issue
Answer admits the material allegations of the
adverse party’s pleading
Who can verify a pleading?
A party need not sign the verification. The following
may sign verification:
1. Party
2. Party’s representative
3. Party’s Lawyer
4. Any person who personally knows the truth of
the facts alleged in the pleading
How about an authorized representative? Can he
verify?
Yes, if armed with proper authority from the party
Act of Forum Shopping (Requisites)
It is
1. an act of malpractice committed by a party to
the action
2. by filing multiple suits before different courts
either simultaneously or successively,
3. involving the same parties,
4. Same cause of action
5. asking for the same relief
By BA Cruz
6. which is for the purpose of securing favorable
judgment
3 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) elements:
a. Identity of parties, or at least such
parties as those representing the same
interests in both actions
b. Identity of rights asserted and reliefs
prayed for, the reliefs being founded
on the same facts
c. Identity with respect to the two
preceding particulars in the two cases
2. Filing multiple cases based on the same cause
of action and with the same prayer, the
previous having been resolved with finality
(res judicata)
3. Filing multiple cases based on same causes of
action but with different prayers (splitting
cause of action on the ground of litis
pendentia or res judicata)
Effects
1. Dismissal
2. Contempt
3. Administration sanction
Reason:
1. Filing of multiple petitions or complaints
constitute abuse of court processes which
tends to degrade the administration of justice,
wreaks havoc upon orderly judicial procedure
and adds to the congestion of the heavily
burdened dockets of the courts
2. To promote candor and transparency among
lawyers and their clients in the pursuit of their
cases before the courts to promote the orderly
administration of justice, prevent undue
inconvenience upon the other party and save
the precious time of the courts
Test to determine whether the causes of actions is
identical: whether the same evidence will sustain both
actions, or whether there is an identity in the facts
essential to the maintenance of the two actions
R7 S5- certification against forum shopping
Plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading assisting a
claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith,
1. that he has not theretofore commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi judicial
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 Civil Procedure Notes under Dean Ferdinand Tan
agency, and, to the best of his knowledge, no
such other claim or action is pending therein
2. if there is such other pending action or claim, a
complete statement of the present status
thereof
3. if he should thereafter learn that the same or
similar action or claim is filed or is pending, he
shall report that fact within 5 days therefrom
to the court where his aforesaid complaint or
initiatory pleading has been filed
~You cannot amend to comply with the certification
against forum shopping
~Certification against forum shopping is a condition
precedent in all initiatory pleadings
~There is motu proprio dismissal based
States the effects of: (R7 S5)
Forum shopping
It is a sufficient ground for dismissal (MD e & f)
The court may motu proprio dismiss the complaint (S1
R9) Dismissal is with prejudice (R16 S5)
Failure to attach certification against forum shopping
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
complaint or pleading but shall be cause for dismissal
of the case without prejudice, unless otherwise
provided, upon motion and after hearing.
Exception: on the ground of substantial compliance or
presence of special circumstances or compelling
reasons
As counsel for defendant, file motion to dismiss under
Rule 16 S1j on the ground that a condition precedent
has not been complied with. Dismissal is without
prejudice
Can there be a dismissal of the action motu proprio
based on failure to comply with the certification of
non-forum shopping?
No, by express provision of S5 R7
Exception Rules on Summary Procedure and Small
Claims
Remedy of defendant if he failed to file a motion to
dismiss
He can raise it as an affirmative defense in the answer
under S6 R16
Remedy of plaintiff if motion to dismiss is granted
Remedy is to refile the case with the required
certification, unless if declared by the court as
dismissal with prejudice, hence, remedy is appeal
Submission of a false certification or non-compliance
of any of the undertakings therein
Submission of a false certification or non-compliance
By BA Cruz
of any of the undertakings therein shall constitute
indirect contempt of court without prejudice to
corresponding administrative and criminal actions
Willful and deliberate forum shopping
If the acts of party or counsel clearly constitute willful
and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice, direct
contempt, and cause for administrative sanctions.
Serves as FINAL ORDER, hence, appeal is the proper
remedy if motion to dismiss under R16 S1j is granted
If the plaintiff committed willful and deliberate
forum shopping, and the complaint was dismissed,
remedy?
As plaintiff, I will file notice of appeal under Rule 41,
because the dismissal is with prejudice, hence, in the
nature of a final order.
Instance when counsel is allowed to sign: through SPA
for reasonable or justifiable reasons only and has
knowledge of the case
Board Resolution is required in signing CNFS in case
of corporation. However, president may sign without
such resolution
Pleadings requiring certification against forum
shopping:
Initiatory Pleadings
1. Original complaint
2. Permissive counterclaim
3. Cross claim
4. 3rd party complaint
5. 4th party complaint
6. Complaint in intervention
7. Petition
Petition filed before the appellate courts which must
contain a certification against forum shopping
1. Petition for review on the judgment of the
RTC in the exercise of its appellate jurisdiction
under R42
2. Petition for review on the judgment,
resolution, orders or awards of quasi-judicial
bodies under R43
3. Petition for review on certiorari against
judgment, order or resolution of the RTC,
CTA, Sandiganbayan and CA
Petition or complaint which must contain a
certification against forum shopping under the Rules
on Special Civil Actions
1. Interpleader (R62)
2. Declaratory Relief, reformation of instrument,
quieting of title and consolidation of
ownership (R63)
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 Civil Procedure Notes under Dean Ferdinand Tan
3. Review of Judgments and Final orders or
resolutions of COMELEC, CoA (R64)
4. Certiorari, Prohibition, Mandamus (R65)
5. Quo Warranto (R66)
6. Expropriation (R67)
7. Foreclosure of Real Estate Mortgage (R68)
8. Partition (R69)
9. Forcible Entry and Unlawful Detainer (R70)
10. Contempt (R71)
Complaint in Summary Procedure
1. Complaint for forcible entry and unlawful
detainer
2. Complaint where the amount of the claim
does not exceed 100k OMM and 200k within
MM
3. Statement of Claims in Small Claims Cases
Petition which must contain a certification against
forum shopping under the Rules on Special
proceedings:
1. Probate of the will
2. Intestate estate proceedings
3. Escheat
4. Trustees
5. Guardianship of minors or incompetents and
custody of minors
6. Adoption and revocation of adoption
7. Hospitalization of insane person
8. Habeas corpus
9. Change of name
10. Declaration of absence and death
11. Correction of entries in the civil registry
12. Insolvency proceedings
13. Alternative dispute resolution
14. Annulment of marriage
15. Declaration of nullity of marriage
16. Writs of amparo and habeas data
17. Environmental cases
Pleadings or documents in Labor Cases which must
contain a certification against forum shopping
1. NLRC Complaint
2. Position paper
3. Reply
4. Rejoinder
5. Memorandum of appeal
Certification against forum shopping is mandatory
GR: CNFS must be signed by all the plaintiffs in a case
and signature of only one of them is sufficient
EXC: Relaxation of the rules may be allowed
Belated filing of CNFS is a substantial compliance
Is a jurat a part of a pleading?
The general rule is that pleadings need not be verified.
By BA Cruz
However, if the law or the Rules require that a
pleading be verified, verification is done by way of
affidavit. In an affidavit, there is a need for jurat to be
present. Hence, in a verified pleading, a jurat becomes
part of a pleading.
Is bill of particulars part of a pleading? S6 R12
A bill of particulars becomes part of the pleading for
which it is intended
MANNERS OF MAKING ALLEGATIONS IN THE
PLEADING
RULE 8
What does a pleading should contain? Section 1
Every pleading shall contain in a methodical and
logical form of the following:
1. a plain, concise and direct statement of the
ultimate facts on which the party pleading
relies for his claim or defense, as the case may
be,
2. omitting the statement of mere evidentiary
facts
3. If a defense relied on is based on law, the
pertinent provisions thereof and their
applicability to him shall be clearly and
concisely stated.
A fact is essential if it cannot be stricken out without
leaving the statement of the cause of action inadequate
What is the rule in case a party will plead 2 or more
statement of claim or defense? Section 2
A party may set forth
1. two or more statements of a claim or defense
alternatively or hypothetically, either in one
cause of action or defense or in separate causes
of action or defenses.
2. When two or more statements are made in the
alternative and one of them if made
independently would be sufficient, the
pleading is not made insufficient by the
insufficiency of one or more of the alternative
statements
What is the rule in case of allegation of condition
precedent in the pleading? Section 3
In any pleading a general averment of the performance
or occurrence of all conditions precedent shall be
sufficient.
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 Civil Procedure Notes under Dean Ferdinand Tan
What is the rule in case of allegation of capacity of a
party in the pleading? Section 4
1. Facts showing the capacity of a party to sue or
be sued or the authority of a party to sue or be
sued in a representative capacity or the legal
existence of an organized association of person
that is made a party, must be averred.
2. A party desiring to raise an issue as to the
legal existence of any party or the capacity of
any party to sue or be sued in a representative
capacity, shall do so by specific denial, which
shall include such supporting particulars as
are peculiarly within the pleader's knowledge.
Rule in case of allegation of fraud, mistake and
condition of mind in the pleading? Section 5
In all averments of fraud, mistake, or condition of
mind it must be averred by:
1. Stating the circumstances constituting fraud or
mistake with particularity.
2. Malice, intent, knowledge, or other condition
of the mind of a person may be averred
generally.
What is the manner of making allegations of a
judgment in the pleading? Section 6
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.
Rule on allegation of a written instrument or
document in the pleading? Section 7
Whenever an action or defense is based upon a written
instrument or document, the allegations must be made
by:
1. Alleging the substance of such instrument or
document in the pleading, and
2. 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.
What is an actionable document?
It is a written instrument or document on which the
plaintiff’s cause of action or defendant’s defense is
based
Ex: Promisorry note, Deed of sale, Contract of lease
How can an actionable document be denied? Section
8 as to the amount of unliquidated damages, shall have
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 must be
denied by:
By BA Cruz
1. the genuineness and due execution of the
instrument shall be deemed admitted unless
the adverse party, under oath specifically
denies them, and
2. sets forth what he claims to be the facts,
Otherwise, deemed implied admission
When can the genuineness and due execution not
deemed admitted even if the pleading is not under
oath?
The requirement of an oath does not apply when
1. the adverse party does not appear to be a
party to the instrument or
2. when compliance with an order for an
inspection/production of the original
instrument is refused
What is the remedy if the pleading denying the
actionable document is not under oath?
The genuineness is deemed impliedly admitted and
hence the pleading does not pose any triable issue
which is vulnerable for the filing of a judgment.
How to make an averment of an official act or
document in a pleading? Section 9
In pleading an official document or official act, it is
sufficient to aver
1. that the document was issued or
2. the act done in compliance with law
How to make a specific denial? Section 10
1. Absolute Denial - by specifying each material
allegation of fact in the complaint, the truth of
which the defendant does not admit and,
whenever practicable, setting forth the
substance of the matters upon which he relies
to support his denial.
2. Partial Denial – by specifying so much of an
averment in the complaint as is true and
material and shall deny only the remainder.
3. Disavowal of knowledge – by stating that the
defendant is without knowledge or
information sufficient to form a belief as to the
truth of a material averment in the complaint,
which has the effect of denial
Denial by disavowal of knowledge must be done in
good faith; otherwise, it will result into an implied
admission of the material allegations in the pleading
What is the effect of the allegation in the pleading
was not specifically denied? Section 11
Material averment in the complaint, other than those
the effect of:
1. It shall be deemed admitted when not
specifically denied.
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 Civil Procedure Notes under Dean Ferdinand Tan
2. Allegations of usury in a complaint to recover
usurious interest are deemed admitted if not
denied under oath.
What is the rule in case of striking out of the
pleading or matters contained therein? Section 12
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
1. order any pleading to be stricken out or
2. that any sham or false, redundant, immaterial,
impertinent, or scandalous matter be stricken
out therefrom.
What are the effects if defenses or objections are not
pleaded? (s1 r9)
1. Defenses and objections not pleaded either in
a motion to dismiss or in the answer are
deemed waived.
2. 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.
What is the effect if a compulsory counterclaim or
cross-claim is not set up it is barred? (s2 r9)
A compulsory counterclaim, or a cross-claim, not set
up shall be barred.
Failure to comply with MCLE Compliance
1. Counsel shall be fined with P4,000
2. Administrative liability
Substantial compliance is applicable
FILING OF COMPLAINT
Commencement of Civil Action (S5 R1)
A civil action is commenced by
1. the filing of the original complaint in court.
2. If an additional defendant is impleaded in a
later pleading, the action is commenced with
regard to him on the dated of the filing of such
later pleading, irrespective of whether the
motion for its admission, if necessary, is
denied by the court.
Failure to attach all pleadings and documents is not a
ground to dismiss the petition.
By BA Cruz
Payment of Docket and other lawful fees (R141 S1)
Upon the filing of the pleading or other application
which initiates an action or proceeding, the fees
prescribed therefor shall be paid in full.
~Docket fees must be paid in full at the time of the
filing of the pleading. This is mandatory.
~A court acquires jurisdiction over a case only upon
the payment of the prescribed filing and docket fees
~Damages must be specifically alleged for proper
assessment and payment of docket fees
~Docket fees not required in case of supplemental
complaint
A party allowed to prosecute as an indigent party shall
be exempted from the payment of docket other lawful
fees, and of the transcript of stenographic notes, and
the amount of docket and other lawful fees which the
indigent was exempted from paying shall constitute as
a lien on any judgment favorable to the said indigent.
S19 Indigent litigants exempt from payment of legal
fees. - Indigent litigants
(a) whose gross income and that of their
immediate family do not exceed an amount
double the monthly minimum wage of an
employee and
(b) who do not own real property with A FAIR
MARKET VALUE AS STATED IN THE
CURRENT TAX DECLARATION of more
than THREE hundred thousand (P300,000.00)
pesos shall be exempt from the payment of
legal fees.
The legal fees shall be a lien on any judgment rendered
in the case favorable to the indigent litigant unless the
court otherwise provides.
To be entitled to the exemption herein provided, the
litigant shall execute an affidavit that he and his
immediate family do not earn a gross income
abovementioned, nor they own any real property with
the fair value aforementioned, supported by an
affidavit of a disinterested person attesting to the truth
of the litigant’s affidavit. The current tax declaration,
if any, shall be attached to the litigant’s affidavit.
Any falsity in the affidavit of litigant or disinterested
person shall be sufficient cause to dismiss the
complaint or action or to strike out the pleading of that
party, without prejudice to whatever criminal liability
may have been incurred.
What is the remedy of the adverse party on the grant
of authority?
Any adverse party may contest the grant of such
authority at any time before judgment is rendered by
the trial court
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 Civil Procedure Notes under Dean Ferdinand Tan
Cooperatives are not exempt from payment of docket
fees
NOTE: Docket fees are suspended in compulsory
counterclaims (SC Resolution 9-21-04)
IF you cannot pay docket fees, REMEDY?
File a motion to be declared as pauper litigant (R3 S21)
WRIT OF KALIKASAN (S 4 R7 P3 AM 09-6-08 Rules
of Procedure for Environmental Cases)
The petitioner shall be exempt from the payment of
docket fees.
WRIT OF CONTINUING MANDAMUS (S 3 R8 P3
AM 09-6-08 Rules of Procedure for Environmental
Cases)
The petitioner shall be exempt from the payment of
docket fees.
EFFICIENT USE OF PAPER RULE
AM 11-9-4-SC
Applicability Section 2
This shall apply to all courts and quasi-judicial bodies
under the administrative supervision of SC
What is the format and style of pleadings, motions,
and similar papers filed in the court? (S3)
It shall be written in single space with a one and a half
space between paragraphs, using an easily readable
font style of the party’s choice, of 14 size font and on a
13-inch by 8.5 inch white bond paper
What is the format and style of a decision, resolution
and orders issued by the court?
It shall comply with these requirements. Similarly
covered are the reports submitted to the courts and
transcripts of stenographic notes
Margin and prints (S4)
Left – 1.5 inches
Upper – 1.2
Right – 1
Lower – 1
Every page must be
consecutively numbered.
By BA Cruz
DEFAULT
RULE 9
What is the effect in case of failure to raise the
defense or objection? (S1)
Defenses and objections not pleaded either in a motion
to dismiss or in the answer are deemed waived.
What are the defenses and objections not deemed
waived even if not raised? (S1)
However, when it appears from the pleadings or the
evidence on record the court shall dismiss the case
based on the following
1. The court has no jurisdiction over the subject
matter
2. That there is another action pending between
the same parties for the same cause
3. That the action is barred by prior judgment
4. That the action is barred by statute of
limitation
Motion
It is an application to the court for the failure of the
defendant to answer within the period required by law
Order of default
It is an order issued by the court, on a plaintiff’s
motion and at the start of the proceedings, for failure
of the defendant to file his responsive pleading
seasonably
Judgment by default
It is a judgment rendered by the court based on the
presentation of the plaintiff’s evidence ex parte after
the defendant has been declared in default, and the
award shall not exceed the amount or be different
from the kind of prayer that the plaintiff complained
as the facts and evidence so warrant
Nature: Final judgment
Requirements for declaration of default: (R9 S3)
1. The defending party fails to answer within the
time allowed therein
2. Upon motion of the claiming party
3. With notice to the defending party
4. With proof of such failure by the defending
party
5. Proof of valid service of summons on the
defendant
GR: Motion in writing
Except S15 R2 Rules on Environmental Cases
What are the courses of action of the court on the
motion?
1. Proceed to render judgment granting the
claimant such relief as his pleading may
warrant
38
 Civil Procedure Notes under Dean Ferdinand Tan
2. Unless the court in its discretion requires the
claimant to submit evidence
3. Such reception of evidence may be delegated
to the clerk of court
Is there a motu proprio declaration of default?
As a general rule, no. except in environmental
proceedings under S15 R2
Effect of declaration of default
1. Defendant loses his standing to participate in
the trial of the case
2. He is entitled to subsequent notices of the
proceeding
3. He can be a witness to the case
4. He is entitled to the copy of the judgment,
orders and substantially amended pleadings
What is the remedy in case of declaration of default?
(S3b)
A party declared in default may at any time after
notice thereof and before judgment may file
1. A motion under oath to set aside the order of
default
2. Upon showing that his failure to answer was
due to fraud, accident, mistake or excusable
negligence
3. That he has meritorious defense
4. In such case, order of default may be set aside
on such terms and conditions as the judge may
impose in the interest of justice
5. Proof of service
6. Motion shall be served to adverse party at
least 3 days
*All with FAME with affidavit of merit and must be
verified
What is affidavit of merit?
It is a sworn written statement which states
1. The nature or character of fraud, accident,
mistake or excusable negligence on which the
motion is based
2. The facts constituting the movant’s good and
substantial defense or valid cause of action
3. The evidence which he intends to present if
his motion is granted
What is extrinsic fraud?
It refers to any fraudulent act of the prevailing party in
the litigation which is committed outside of the trial of
the case, whereby the unsuccessful party has been
prevented from exhibiting fully his case, by fraud or
deception practiced on him by his opponent
What is intrinsic fraud?
It is intentionally false representation which is part of
the fraud and can be considered in determining
By BA Cruz
general and punitive damages. It is the fraud that is
the subject matter of the suit
What is accident?
It is an event that takes place without one’s foresight
or expectation. An event that proceeded from an
unknown cause or is unusual effect of a known cause
and therefore not expected
What is mistake?
It is an error in action; a blunder. It is an incorrect
belief held by some concerned about a fact involved in
a transaction or a proceeding, or an incorrect opinion
about the law which governs the transaction of
proceeding
What is excusable negligence?
It is where it is caused by failure to receive notice of
the action or trial, by a genuine and excusable mistake
or miscalculation, by reliance upon assurance given by
those whom the party had a right to depend, as the
adverse party or counsel retained in the case, or a
competent adviser, that would be necessary for him to
take an active part in the case, or that the suit would
not be prosecuted, by relying on another person to
attend the case for him, when such other person
promised to do so or was chargeable with that duty, or
by a well-founded belief that the case would not reach
for trial as it was in fact reached, or by other
circumstances not involving fault of the moving party
Remedy in case of denial of Motion to Lift the Order
of Default
The defendant-movant may file a motion for
reconsideration. In case of denial of MR, then petition
for certiorari under Rule 65 is available on the ground
of grave abuse of discretion amounting to lack or in
excess of jurisdiction since the order is interlocutory in
character
There is one more remedy for order of default:
- File motion to admit answer plus attached answer
(by way of jurisprudence)
These two remedies must be made before the
rendition of judgment by default
What is the effect if there is substantial amendment
in relation to order of default?
The order of default is dissolved/lifted
What is the effect of order of default in relation to
modes of discovery?
Due to refusal to comply with the modes of discovery,
the refusing party may be declared in default
What are the effects of partial default? (S3C)
When a pleading asserting a claim states a common
cause of action against several defending parties, some
39
 Civil Procedure Notes under Dean Ferdinand Tan
of whom answer and the others fail to do so, the court
shall
1. try the case against all upon the answers thus
filed and
2. render judgment upon the evidence presented.
What is the extend or relief that may be awarded?
A judgment rendered against a party in default shall
1. not exceed the amount or
2. be different in kind from that prayed for
3. nor award unliquidated damages
Reason: Due process
Declaration of default is allowed
1. All initiatory pleading required to be
answered
2. Interrogatories to parties (Rule 29 S5)
What are the cases where there is no default?
1. In an action for annulment of marriage
2. Declaration of nullity of marriage
3. Action for legal separation
4. Under Rules of Summary Procedure (S19)
5. Under Rules on Environmental Cases
6. Under Rules on Small Claim Cases
7. Writ of Amparo
8. Habeas Data
~By virtue of order of default, there will be
presentation of evidence ex parte, then, judgment by
default
In Summary Proceedings
Motion to declare defendant in default is a
PROHIBITED PLEADING
As plaintiff in such a case, file MOTION TO RENDER
JUDGMENT
As defendant, don’t file motion to admit answer
- It is equal to motion for extension of time to file
pleadings which is a PROHIBITED PLEADING
Instances where order of default may be issued
1. Original complaint
2. Permissive counter claim
3. Cross claim
4. Third/fourth party complaint
5. Complaint in intervention (must be filed 15
days from notice of order admitting the same)
6. Interrogatories to parties
7. Complaint for interpleader
JUDGMENT BY DEFAULT
*Annulment of judgement is not a remedy for default
REMEDY BEFORE JUDGMENT BECOMES FINAL
AND EXECUTORY: within 15-day period from
receipt of judgment by default (R37)
By BA Cruz
1. Motion to set aside judgment or final order
due to FAME
2. Motion for reconsideration or new trial on the
ground of fraud, accident, mistake, or
excusable negligence R37 S2)
If denied, file petition for certiorari plus injunction
and/or TRO (because appeal is not an adequate
speedy remedy)
REMEDY AFTER FINALITY OF JUDGMENT:
1. File petition for relief from judgment, order, or
other proceeding before the court that
rendered judgment on the ground of entry of
such judgment or final order, or any other
proceeding is thereafter taken against a party
in a court through FAME (Rule 38 S1)
If denied, certiorari.
2. File petition for annulment of judgment or
final order or resolution before CA (if
questioning RTC decision) or RTC
(questioning MTC decision) on the ground of
extrinsic fraud (R47 S1 and 2)
If granted, the judgment is vacated
If denied, appeal because the action is original
(S1 R41)
3. File petition for certiorari (Rule 65)
4. Collateral Attack
COLLATERAL ATTACK
What is collateral attack?
It is an attempt to impeach the judgment by matters
dehors the record, before a court in an action other
than one in which it was rendered
It is a proceeding in which the integrity of a judgment
is challenged, except those made in the action wherein
the judgment is rendered or by appeal, and except
suits brought to obtain decrees declaring judgment to
be void ab initio
How to make a collateral attack on the judgment?
It is made when, in another action to obtain a different
relief, an attack on the judgment is made as incident in
the said action
This is proper only when the judgment, on its face, is
null and void
When is an attack of a judgment direct? When
collateral?
The attack is direct when the objective is to annul or
set aside such judgment or enjoin its enforcement.
The attach is indirect or collateral when, in an action
to obtain a different relief, an attack on the judgment is
nevertheless made as an incident thereof
40
 Civil Procedure Notes under Dean Ferdinand Tan
~Validity of marriage may be collaterally attacked in a
claim for death benefits
AMENDMENT OF PLEADING
RULE 10
What is amendment?
It is a process or remedy by substituting, omitting, or
correcting pleading
It is an act of adding, changing, substituting, or
omitting something from a pleading, or instrument
It is the correction of an error committed in any
process, pleading or proceeding law, or in equity, and
which is done either as of course, or by the consent of
parties, or upon motion to the court in which the
pleading is pending
Kinds of amendment:
1. Formal amendment
2. Amendment by leave of court
3. Substantial amendment
4. Amendment as a matter of right
5. Amendment as a matter of discretion
6. Amendment to confer jurisdiction
7. Amendment to conform to evidence
How is amendment being done?
Pleadings may be amended
1. by adding or striking out an allegation or the
name of any party, or
2. by correcting a mistake in the name of a party
or
3. by correcting 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.
Filing of an amended pleading does not retroact to the
date of the filing of the original, hence, the statute of
limitation runs until the submission of the
amendment.
Amendment as a matter of right (S2)
A party may amend his pleading once as a matter of
right at any time
1. before a responsive pleading is served or,
2. in the case of a reply, at any time within ten
(10) days after it is served.
By BA Cruz
Remedy in case of denial of motion to amend as a
matter of right?
File a petition for mandamus under S3 R 65, since it is
a ministerial duty on the part of the court to allow
amendment on the pleading before the filing of a
responsive pleading
Responsive pleadings are those which seek affirmative
relief and/ or set up defenses
A motion to dismiss is not a responsive pleading. This
right is still available even if a motion to dismiss is
filed or order of dismissal has been issued provided it
is not yet final
Amendment to confer jurisdiction
While it is a basic jurisprudential principle that an
amendment cannot be allowed when the court has no
jurisdiction over the original complaint and the
purpose of the amendment is to confer jurisdiction on
the court (Siasoco vs CA), the RTC in the case clearly
had jurisdiction over the original complaint and the
amendment of the complaint was then still as a matter
of right.
Amendment as a matter of right, so far as no
responsive pleading is served
Amendment by leave of court (R10 S3)
Except as provided in the next preceding section,
substantial amendments may be made only upon
leave of court
Can the court refuse to grant leave?
Yes if it appears to the court that the motion was made
with the intent to delay
What are the requirements for allowance of leave of
court?
Orders of the court upon the matters provided in this
section shall be made upon:
1. A motion filed in court
2. After notice to the adverse party
3. An opportunity to be heard
Remedy in case of denial of motion for leave to
amend?
Petition for certiorari under R65, since the grant of the
same is merely discretionary and for being
interlocutory which is not appealable
Formal Amendments (R10 S4)
A formal amendment can be made in the pleading
involving
1. A defect in the designation of the parties or
2. other clearly clerical or typographical errors
How will formal amendment be made?
It may be summarily corrected by the court at any
stage of the action
41
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

1. at its initiative or by amendment, any provisional remedy is affected by

2. Upon motion of any party, provided no amendment
prejudice is caused thereby to the adverse Amendment of complaint, which includes prayer for
party. writ of attachment, the provisional remedy shall be
DISSOLVED.
Amendments to conform or to authorize presentation
of evidence (R10 S5) Relate Rule 10 to Rule 6
When issues not raised by the pleadings are tried with - When the answer does not allege cross claim,
the express or implied consent of the parties they shall counterclaim,
be treated in all respects as if they had been raised in Remedy: AMENDMENT of the pleading
the pleadings. - Answer omitted counterclaim or cross claim,
Such amendment of the pleadings as may be necessary Remedy is to AMEND the answer
to cause them to conform to the evidence and to raise
these issues may be made upon motion of any party at Relate to Rule 2
any time, even after judgment; but failure to amend - In case of non joinder of causes of action,
does not affect the result of the trial of these issues. AMEND the pleading

What is the course of action of the court if evidence is Relate to Rule 3

objected on the ground that it is not within the issue - Related to joinder of parties,
in the pleadings? AMEND the complaint
If evidence is objected to at the trial on the ground that
it is not within the issues made by the pleadings, the Relate to Rule 14 and Rule 57
court may allow the pleadings to be amended and - In personam to quasi in rem, publication is allowed
shall do so with liberality if the presentation of the - Substantial amendment
merits of the action and the ends of substantial justice Service of summons required
will be subserved thereby. The court may grant a - Amendment of complaint to join another party,
continuance to enable the amendment to be made. Need to serve summons

Substantial amendments (S6) Is there amendment of the answer? 3PC? 4PC?

Amendment of the pleading which would change the Complaint in intervention? Yes
original cause of action
Relate to Rule 16
When can a supplemental pleading be filed? The court may either deny the motion to dismiss, grant
Upon motion of a party the court may, upon the motion to dismiss, or ORDER THE AMENDMENT
reasonable notice and upon such terms as are just, OF THE PLEADING
permit him to serve a supplemental pleading setting
forth Amended Pleading Supplemental Pleading
1. transactions, Refers to facts existing at Refers to facts arising
2. occurrences or the time of the after the filing of the
3. events which have happened since the date of commencement of the original pleading
the pleading sought to be supplemented. action
Takes the place of the Taken together with the
Period to file a responsive pleading to a original pleading original pleading
supplemental pleading? Can be made as matter of Always with leave of
The adverse party may plead thereto within ten (10) right when no responsive court
days from notice of the order admitting the pleading has yet been
supplemental pleading. filed or with leave of
court
Office of a supplemental pleading When amended pleading A substantial pleading
As a general rule, leave will be granted to a party who is filed, a new copy of the does not require the filing
desires to file a supplemental pleading that alleges any entire pleading must be of a new copy of the
material fact which happened or came within the filed entire pleading
party’s knowledge after the original pleading is filed Amendment as a matter A supplemental pleading
of right is to be answered may be answered within
Relate Rule 10 to Provisional Remedies
before the filing of the 10 days from notice of the
If the original complaint or verified complaint has
responsive pleading, order admitting the same,
provisional remedies, and the original is superseded
(within 15 days after unless a different period
being served with a copy is fixed by the court. The
42
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

thereof)—(R11 S3) answer to the complaint RULE 11

shall serve as answer to General Rule: File responsive pleading within 15 days
Amendment by leave of the supplemental
court is to be answered complaint if no new or Exception:
within 10 days from supplemental answer is 10 days – Small Claims, Summary Procedure
notice of the order filed (R11 S7) 30 days –
admitting the same. An 60 days – Extraterritorial Service
answer earlier filed may
serve as the answer to the Answer to the original complaint R13 S1
amended complaint if no Defendant shall file answer to the complaint within
new answer is filed (R11 1. 15 days after service of summons,
S3) 2. unless a different period is fixed by the court
Supersedes original It does not superseded
pleading the original pleading but Answer of a defendant foreign private juridical
assumes that the original entity R13 S2 as amended by New Rules on Service
pleading to stand of Summons on Foreign Juridical Entities AM No 11-
Supplements original 3-6
pleading Where the defendant is a foreign private juridical
entity and service of summons is made:
What are the requirements in the filing of an 1. to a resident agent, answer shall be filed
amended pleading? S7 within 15 days from service of summons to
When any pleading is amended, it shall be filed with him
1. a new copy of the entire pleading, 2. when it has no resident agent but has an agent
2. incorporating the amendments, which shall be or officer in the Philippines, answer shall be
indicated by appropriate marks, shall be filed. filed within 15 days after service of summons
to said agent or officer
Effects of amended pleading? 3. if it has no resident agent nor an agent or
1. It supersedes the pleading it amends officer, and summons is made on the proper
2. The admissions in the superseded pleadings government office designated by law to
may be received in evidence against the receive the same (SEC), which will then send a
pleader copy thereof by registered mail within 10 days
3. Claims or defenses alleged therein not to the home office of the foreign private
incorporated in the amended pleading shall be corporation, answer shall be filed within 30
deemed waived days after receipt of summons by the home
4. The admissions made in the original pleading office of the foreign private entity
shall be treated as an extrajudicial admission
which shall be alleged and proved Answer to amended complaint (Section 3)
5. Any ancillary order/remedy issued in the In amended complaint as a matter of right, the
original pleading shall be deemed vacated or defendant shall answer the same within fifteen (15)
lifted days after being served with a copy thereof.
6. In the case the complaint is amended, it If not a matter of right, the defendant shall answer the
requires the service of summons if the amended complaint within ten (l0) days from notice of
defendant has not yet appeared before the the order admitting the same.
court and submitted to its jurisdiction **This Rule shall apply to the answer to an amended
counterclaim, amended cross-claim, amended third
Is there amendment of the pleading in summary (fourth, etc.)—party complaint, and amended
procedure? complaint-in-intervention.
YES
- As a matter of right Answer to counterclaim or cross-claim Section 4
- As a matter of discretion A counterclaim or cross-claim must be answered
NO PROHIBITION under the Rules on Summary within ten (10) days from service.
Procedure
Answer to third (fourth, etc.)-party complaint
(Section 5)
The time to answer a third (fourth, etc.)—party
complaint shall be governed by the same rule as the
answer to the complaint.
WHEN TO FILE RESPONSIVE PLEADINGS?
43
 Civil Procedure Notes under Dean Ferdinand Tan
Answer to complaint in intervention R19 S4
The answer to the complaint in intervention shall be
filed within 15 days from notice of the order admitting
the same, unless a different period is fixed by the court
Reply R11 S6
A reply may be filed within 10 days from service of the
pleading responded to
Answer to supplemental complaint R11 S7
A supplemental complaint may be answered within
1. 10 days of the order admitting the same,
2. unless a different period is fixed by the court.
What is the effect if the defendant did not file an
answer to supplemental complaint?
The answer to the complaint shall serve as answer to
the supplemental complaint if no new or supplemental
answer is filed.
Existing counterclaim or cross-claim S8
A compulsory counterclaim or a cross-claim that a
defending party has at the time he files his answer
shall be contained therein.
Counterclaim or cross-claim arising after answer
Section 9
A counterclaim or a cross-claim which either matured
or was acquired by a 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.
Omitted counterclaim or cross-claim Section 10
When a pleader fails to set up a counterclaim or a
cross-claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may, by
leave of court, set up the counterclaim or cross-claim
by amendment before judgment.
When to file an answer to interrogatories? S2 R25
The party upon whom the interrogatories have been
served shall
1. file and serve a copy of the answers on the
party submitting the interrogatories within
fifteen (15) days after service thereof
2. unless the court on motion and for good cause
shown, extends or shortens the time.
ANSWER RULES IN SMALL CLAIMS CASES
When to file a verified response? Section 11
The defendant shall file with the court and serve on
the plaintiff a duly accomplished and verified
Response within a non - extendible period of ten (10)
days from receipt of summons.
By BA Cruz
What must accompany a response?
The Response shall be accompanied by
1. certified photocopies of documents,
2. affidavits of witnesses and
3. other evidence in support thereof.
No evidence shall be allowed during the hearing
which was not attached to or submitted together with
the Response, unless good cause is shown for the
admission of additional evidence.
ANSWER RULES IN SUMMARY PROCEDURE
S5
Answer. — Within ten (10) days from service of
summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein
shall be deemed waived, except for lack of jurisdiction
over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
cross-claims shall be filed and served within ten (10)
days from service of the answer in which they are
pleaded
ANSWER RULES IN ENVIRONMENTAL CASES
S14 r2
Section 14. Verified answer. - Within fifteen (15) days
from receipt of summons, the defendant shall file a
verified answer to the complaint and serve a copy
thereof on the plaintiff. The defendant shall attach
affidavits of witnesses, reports, studies of experts and
all evidence in support of the defense.
Affirmative and special defenses not pleaded shall be
deemed waived, except lack of jurisdiction.
Cross-claims and compulsory counterclaims not
asserted shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and served
within ten (10) days from service of the answer in
which they are pleaded.
MOTION FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING
(Rule 11 S11)
Upon motion and on such terms as may be just,
the court may
1. extend the time to plead provided in these
Rules
2. The court may also, upon like terms, allow an
answer or other pleading to be filed after the
time fixed by these Rules
This motion must be filed before the expiration to the
period sought to be extended
44
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

Filing of this motion is tantamount to the submission
to the jurisdiction of the court
BASED ON CAUSE
Not a litigated motion: no need for hearing, notice, and
filing
3 day notice rule- further motion 3 days before hearing
10 days- motion set for hearing at least 10 days
Is this motion allowed in Rules on Summary
Procedure?
No (S19)
Is this motion allowed in Rules on Small Claims
Cases?
No (S14)
What is a motion for bill of particulars?
It is an application before the court for a more definite
statement of the facts and material allegations in the
pleading
What is the nature of a motion for bill of particulars?
It is a formal and litigated motion which must be in
writing and requires notice to the adverse party and
hearing
When can a party apply for a bill of particulars?
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 averted with sufficient definiteness
or particularity to enable him properly to prepare his
responsive pleading.

Is this motion allowed in Rules in Environmental When to file a bill of particulars in case of reply?
Cases? If the pleading is a reply, the motion must be filed
No (S2) within ten (10) days from service thereof.

Requirements for filing Bill of Particulars:

1. A written motion by the defending party
before the court for a bill of particulars
2. If the pleading is a reply, the motion must be
filed within 10 days from service
3. The motion shall point out the defects
complained of, the paragraphs wherein they
MOTION FOR BILL OF PARTICULARS are contained, and the details desired
(RULE12) 4. The motion is to be filed before the filing of
responsive pleading
Motion for Bill of Motion for Bill of 5. Hearing of motion set by applicant
Particulars in Civ Pro Particulars in Crim Pro 6. Notice of hearing shall be addressed to all the
Rule 12 R116 S9 parties concerned not later than 10 days from
May be filed before May be filed before the filing of the motion
responding to a pleading arraignment 7. Motion and notice of hearing must be served
Address any matter in the Address alleged defects at least 3 days before the date of hearing
pleading not averred with in the criminal complaint 8. Proof of service
sufficient definiteness or or information
particularity What are the courses of action of the court on the
Purpose is to prepare Purpose is to enable motion of BP? (S2)
responsive pleading properly to plead and Upon the filing of the motion, the clerk of court must
prepare for trial immediately bring it to the attention of the court
In case of denial, the The accused may proceed which may either
moving party may file his with the arraignment and 1. deny or
responsive pleading enter his plea, unless the 2. grant it outright, or
within the period he is denial is tainted with 3. allow the parties the opportunity to be heard.
entitled to but in no case grave abuse of discretion
less than 5 days, unless When to comply if the motion is granted? (S3)
the denial is tainted with If the motion is granted, either in whole or in part, the
grave abuse of discretion compliance therewith must be effected within
1. ten (10) days from notice of the order,
What is a bill of particulars? R12 S1 2. unless a different period is fixed by the court
It is a more definite statement of any matter which is
not averred with sufficient definiteness or How to file a bill of particulars?
particularity, with the purpose of aiding in the It may be filed either
preparation of a responsive pleading. 1. in a separate or

45
 Civil Procedure Notes under Dean Ferdinand Tan
2. in an amended pleading, serving a copy
thereof on the adverse party.
What is the effect of non-compliance? S4
If the order is not obeyed, or in case of insufficient
compliance therewith, the court may
1. order the striking out of the pleading or
2. order the striking of the portions thereof to
which the order was directed or
3. make such other order as it deems just
What is the effect of a BP or denial of 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 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.
BP is part of the pleading to which it is intended
BP is prohibited in intra-corporate controversies
Motion for BP is prohibited under Rules on Summary
Procedure (S19)
Motion for BP is prohibited under Rules on Small
Claims (S14)
Motion for BP is prohibited in environmental cases
(S2)
FILING AND SERVICE OF THE PLEADING
RULE 13
Differentiate: Filing from service R13 S2
Filing is the act of presenting the pleading or 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.
What are the papers required to be filed and served
under Rule 13?
1. Pleading subsequent to the complaint
2. Appearance
3. Written Motion
4. Notice
By BA Cruz
5. Order
6. Judgment
7. Demand
8. Offer of judgment
9. Resolution
10. Similar papers
What are the modes of service of pleading? (R13 S5)
1. Personal Service (R13 S6)
2. Service by Registered Mail (R13 S7)
3. Substituted Service (R 13 S8)
How is it done?
Personal Service R13 S6
Service of papers may be made
1. By delivering personally a copy to the party or
his counsel or
2. By leaving it in his office with the clerk or a
person having charge thereof
3. If no person is found in his office or his office
is not known or he has no office, then,
4. By leaving the copy between the hours of 8 in
the morning and 6 in the evening at the party’s
or counsel’s residence, if known, with a person
of sufficient age and discretion then residing
therein
Service by mail R13 S7
Service by registered mail shall be made by
depositing the copy in the post 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 prepaid and with
instructions to the postmaster to return the mail to the
sender after 10 days if undelivered
If no registry service is available in the locality of
either in the sender or the addressee, service may be
done by ordinary mail.
IF defendant refuses both modes of service, resort to:
Substituted ServiceR13 S8
If service of pleadings, motions, notices, resolutions,
orders, or other papers cannot be made under the 2
preceding section, the office and place of residence of
the party or his counsel being unknown, service may
be made by:
1. Delivering the copy to the clerk of court, with
proof of failure of both personal service and
service by mail
2. The service is complete at the time of such
delivery.
Effect of non-compliance with personal service?
Note: Service other than personal service
R13 S11
Whenever practicable, the service and filing of
pleadings and other papers shall be done personally.
Except with respect to papers emanating from the
46
 Civil Procedure Notes under Dean Ferdinand Tan
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.
State in detail: Effects
1. A violation of this rule may be cause to
consider the paper as not filed (R13 S11)
2. The pleading/paper would not be admissible
in court
3. Would not toll the running of the
reglementary period
4. In case of defendant, it will NOT RESULT in
defendant being declared in default
5. Rather, the pleading produces no legal effect
When is service deemed completed?
Personal Service (R13 S10)
Personal service is complete upon actual delivery or
by handling a copy to defendant
Service by mail (R13 S10)
Service by ordinary mail is complete upon the
expiration of 10 days after mailing, unless the court
otherwise provides.
Service by registered mail is complete upon actual
receipt by the addressee or after 5 days from the date
he received the first notice of the postmaster,
whichever date is earlier.
Substituted Service (R13 S8)
Substituted service is complete at the time of delivery
of the copy to the clerk of court, with proof of failure
of both personal service or service by mail.
What is constructive service of pleading? R13 S10
Service by registered mail is complete after 5 days
from the date he received the notice of the postmaster
Notice of Lis Pendens S14
It is an announcement to the whole world that a
particular real property is in litigation serving as a
warning that one who acquires an interest over the
said property does so as his own risk, or that he
gambles on the result of the litigation over the said
property.
―buyer beware‖
It is not a pleading
There is need to register it with the register of deed
The filing of this notice charges all strangers with a
notice of the particular litigation referred therein and
therefore, any right they may thereafter acquire on the
property is subject to the eventuality of the suit
It is founded on public policy and necessity
By BA Cruz
When is notice of lis pendens available?
In an action affecting the title or the right of possession
of real property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may
1. record in the office of the registry of deeds of
the province in which the property is situated
notice of the pendency of the action.
2. Said notice shall contain the names of the
parties and the object of the action or defense,
and a description of the property in that
province affected thereby.
What is the effect of annotation of the notice lis
pendens?
Only from the time of filing such notice for record
shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive
notice of the pendency of the action, and only of its
pendency against the parties designated by their real
names.
What are the grounds for the cancellation of notice of
lis pendens?
1. The purpose of molesting the adverse party
2. That it is not necessary to protect the rights of
the party who caused it to be recorded
3. Termination of the case
Dual effects of Notice of Lis pendens
1. to keep the properties in litigation within the
power of the court until the litigation is
terminated and to prevent the defeat of
judgment or decree by subsequent alienation
2. to bind the purchaser, bona fide or otherwise,
of the property subject of the litigation to the
judgment that the court will subsequently
promulgate
Actions where lis pendens is proper
1. action to recover possession of real estate
2. action to quiet title thereto
3. action to remove clouds thereon
4. action for partition
5. any other proceedings of any kind in Court
directly affecting the title to the land or the use
or occupation thereof or the building thereon
When s lis pendens deemed cancelled?
Only upon the registration of a certificate of the clerk
of court in which the action or proceeding was
pending stating the manner of disposal thereof if there
was a final judgment in favor of the defendant or the
action was disposed of terminating finally all rights of
the plaintiff over the property in litigation
47
 Civil Procedure Notes under Dean Ferdinand Tan
Lis pendens
It is available as a remedy
in case a real property is
the subject of an action
affecting the title or right
of possession of real
property, wherein the
plaintiff and the
defendant, when
affirmative relief is
claimed in his answer
may record in the office of
the registry of deeds of
the province in which the
property is situated a
notice of pendency of the
action
The purpose is to keep
the properties in litigation
within the power of the
court until the litigation is
terminated and to prevent
the defeat of judgment or
decree by subsequent
alienation and to bind the
purchaser, bona fide or
otherwise, of the property
subject of the litigation to
the judgment that the
court will subsequently
promulgate
It is made through notice
to be filed with the
Register of Deeds where
the property is located
In case of denial of notice
by the Register of Deeds,
the remedy of the
aggrieved party is to
appeal within 5 days to
the Land Registration
Authority En Consulta
under S117 PD 1529
Litis pendentia
It literally means
―pending suit
It refers to the situation
where two actions are
pending between the
same parties for the same
cause of action, so that
one of them becomes
unnecessary and
vexatious
It is a ground for the
dismissal of the action
under R16
It is availed of by way of a
motion to dismiss and
filed with the court where
the case is pending
If motion to dismiss 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. Then, go to trial.
When the decision is
adverse, file an appeal
raising as error the denial
of the motion to dismiss.
If the denial of the motion
is tainted with grave
abuse of discretion
amounting to lack or
excess of jurisdiction, file
petition for certiorari
By BA Cruz
under Rule 65.
It can be filed after the A motion to dismiss
filing of the action in should be filed before
court but before finality of filing of responsive
judgment pleading
SUMMONS
RULE 14
Summons
It is a writ issued by branch clerk of court in the name
of the Republic of the Philippines by which the
defendant is notified of the action brought against him
or her.
~In civil actions, service of summons is the means by
which the court acquires jurisdiction over the person
of the defendant (action in personam)
~Action in rem summons is for due process
~Any judgment without such service, in the absence of
a valid waiver, is null and void.
Office of the Clerk Branch Clerk of
of Court Court
Office Person
Receives complaint Serves summons
and payment of the upon the defending
docket fees party
2 kinds of summons:
1. Original Summons- issued by the branch
clerk of court to the defendants upon the filing
of the complaint and the payment of the
requisite docket fees
2. Alias Summons- issued by the branch clerk of
court upon motion of the plaintiff in case the
summons has been lost, destroyed, improperly
served, or there is defect in the manner or
form of service
Summons (R14) Subpoena (R21)
a writ or a process issued A process directed to a
to a defending party by person requiring him to
the clerk of court, attend and to testify at the
delivered by a sheriff, his hearing or trial of an
deputy, or proper court action, or at any
office, or any suitable investigation conducted
person authorized by the by competent authority or
court issuing the for the taking of his
summons, with the deposition. (Subpoena ad
purpose of obtaining testificandum)
jurisdiction over the
person of the defendant A process directed to a
48
 Civil Procedure Notes under Dean Ferdinand Tan By BA Cruz

and giving him notice person requiring him to (a) the name of the court and the names of the
that an action has been bring with him any parties to the action;
commenced against him books, documents, or (b) a direction that the defendant answer within
other things under his the time fixed by these Rules;
control (Subpoena duces (c) a notice that unless the defendant so answers
tecum) plaintiff will take judgment by default and
There are two kinds of There are two kinds of may be granted the relief applied for.
summons: original and subpoena: subpoena (d) A copy of the complaint and order for
alias duces tecum and ad appointment of guardian ad litem if any, shall
testificandum be attached to the original and each copy of
Purpose is to obtain Order for a person the summons.
jurisdiction over person to appear and to
of defendant, and to give testify at a hearing, Purpose of service of summons
notice to defendant that action, investigation, 1. To acquire jurisdiction over the person of the
an action has been or for taking of his defendant
commenced against him, deposition OR to 2. To notify the defendant that an action has
ordering defendant to produce books, been commenced so that he may be given the
answer the complaint documents, or other opportunity to be heard in the claim against
within the time fixed by things under his him
these Rules, and unless control (R21 S1)
defendant answers, Who shall serve the summons? S3
plaintiff will take The summons may be served by
judgment by default and 1. the sheriff,
may be granted the relief 2. his deputy, or
applied for (R14 S2) 3. other proper court officer, or
Served on the defendant May be served to a non- 4. for justifiable reasons by any suitable person
party authorized by the court issuing the summons.
Does not need tender of Needs tender of
kilometrage and kilometrage, attendance What is the duty of the server after the service? S4
other fees fee, and reasonable cost of When the service has been completed, the server shall,
production fee within five (5) days therefrom,
Issued upon filing of the During trial or 1. serve a copy of the return, personally or by
complaint and payment investigation registered mail, to the plaintiff's counsel, and
of requisite docket fees 2. he shall return the summons to the clerk, who
Remedy in case of The remedy is a motion to issued it, accompanied by proof of service.
defective summons: file a quash subpoena
When can the court issue an alias summons S5
motion to dismiss for lack
An alias summons may be issued after the server has
of jurisdiction over the
served a copy of the return to the plaintiff’s counsel
person of the defending
stating the reason of the failure of service, on the
party
following instances
1. If a summons is returned without being
Jurisdiction over the person of the defendant or
respondent served on any or all of the defendants
1. By voluntary appearance or submission by the 2. If the summons has been lost
defendant or respondent to the court
Modes of Service of Summons
2. By a coercive process issued by the court to
1. Personal Service
him, generally a valid service of summons
2. Substituted Service
3. Extra-territorial service
When can summons be issued? S1
Upon the filing of the complaint and the payment of
Note: significant to know whether the action is in
the requisite legal fees, the clerk of court shall
personam, in rem, or quasi in rem—for purpose of
forthwith issue the corresponding summons to the
service of summons
defendants
FE and UD- in personam actions
What are the contents of summons? S2
IN PERSONAM
The summons shall be directed to the defendant,
signed by the clerk of court under seal and contain 1. Service in person
2. Substituted service
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 Civil Procedure Notes under Dean Ferdinand Tan
3. Publication - S14 R14 only
IN REM (for due process only)
1. Service in person
2. Substituted Service
3. Publication
4. Extraterritorial Service
QUASI IN REM
1. Service in person
2. Substituted service
3. Publication
How to serve summons?
Service in person on defendant (R14 S6)
1. The summons shall be served by handing a
copy thereof to the defendant in person.
2. In case defendant refuses to receive or sign for
it, by tendering it to him
Tendering summons to defendant is done through:
1. Leaving copy of the summons to the
defendant who refuses to receive it
2. The officer serving the summons shall make
an affidavit addressed to the court stating that
the time, place, manner of service of
summons, and that despite efforts to try and
serve the summons in person on defendant,
the same refused to receive it, as well as the
manner of non-receipt
Purpose of personal service of summons: preferred
mode
This most effectively ensures that notice desired under
the constitutional requirement of due process is
accomplished
Substituted Service of Summons on defendant (R14
S7)
How can substituted service be effected?
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.
Requisites for a valid substituted service:
1. impossibility of prompt personal service – the
party relying on substituted service must
show that the defendant cannot be served
promptly or there is impossibility of prompt
service
By BA Cruz
2. specific details in the return – the sheriff must
describe the return of summons the facts and
circumstances surrounding the attempted
personal service
3. a person of suitable age and discretion – the
sheriff must determine if the person found in
the alleged dwelling or residence of the
defendant is of legal age, what the recipient’s
relationship with the defendant is and
whether said person comprehends the
significance of the receipt of the summons and
his duty to immediately deliver it to the
defendant or at least notify him, which must
be clearly described in Returns of Summons
4. a competent person in charge, who must have
sufficient knowledge to understand the
obligation of the defendant in the summons,
its importance, and the prejudicial effects
arising from inaction on the summons
The rule presupposes that such a relation of
confidence exists between the person with whom the
copy is left and the defendant and therefore assumes
such person will deliver the process to the defendant
Refusal of the defendant to reveal his whereabouts
justify the substituted service
Service upon the security guard upon strict instruction
of the defendant is valid
The sheriff must exert all efforts to serve the defendant
in person
Rule 131 S3M presumption that the officer is
performing his functions regularly
Extraterritorial service or Service by publication in a
newspaper of general circulation R14 S15
When can an extra territorial service be effected?
1. When the defendant does not reside and is not
found in the Philippines, and the action affects
the personal status of the plaintiff or relates to,
2. the subject of which is, property within the
Philippines, in which the defendant has or
claims a lien or interest, actual or contingent,
or in which the relief demanded consists,
wholly or in part, in excluding the defendant
from any interest therein, or
3. the property of the defendant has been
attached within the Philippines, service may,
by leave of court, be effected out of the
Philippines
How can extraterritorial service of summons be
done?
1. by personal service as under section 6; or
2. by publication in a newspaper of general
circulation in such places and for such time as
the court may order, in which case a copy of
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