CIVIL PROCEDURE

General Provisions

1. Application of the Rules. The Rules of Court applies to all courts, except as otherwise provided by the Supreme
Court [S2, R1]. In civil cases before the Shari'a courts, the Rules of Court applies in a
suppletory manner except on matters relating to the number, status, or quality of
witnesses [Sec. 17, Special Rules Governing the Shari'a Courts]. However, special cases
or offenses cognizable by the Shari'a courts may be filed in such form and head in such
manner as prescribed by the applicable laws and the Rules of Court [Sec. 18, Ibid.].
Also, except as otherwise provided in the Rules of the Sandiganbayan or as may be
modified by it from time to time and insofar as practicable, the Rules of Court shall
govern proceedings in the Sandiganbayan [Rule XXI, Rules of the Sandiganbayan].
The Rules of Court, however, is not applicable to pleading, practice and procedure in
courts-martial. But there is no legal obstacle that bars certain guidelines relating to
court-martial proceedings from adopting statutes relating to preliminary investigations
of ordinary criminal cases triable by courts.

2. Inapplicability of the Rules. These Rules shall not apply to election cases, land registration, cadastral, naturalization
and insolvency proceedings, and other cases not herein provided for, except by analogy
or in a suppletory character and whenever practicable and convenient [S4, R1].
Whenever a regional trial court takes cognizance of juvenile and domestic relations
cases and/or agrarian cases, the special rules of procedure applicable under present
laws to such cases shall continue to be applied, unless subsequently amended by law or
by rules of court promulgated by the Supreme Court [Sec. 24, BP 129].
So, too, when the regional trial courts or inferior courts are taking cognizance of
election contests and quo warranto cases within their respective jurisdiction, said courts
shall apply the COMELEC Rules of Procedure [Sec. 2, COMELEC Rules]. In the absence
of any applicable provisions in the said Rules, the pertinent provisions of the Rules of
Court shall be applicable by analogy or in a suppletory character [Sec. 1, Rule 41]. Thus,
Section 2, Rule 39 of the Rules of Court regarding immediate execution pending appeal
was applied to execution of judgments pending appeal in election cases.

Statutes regulating the procedure of the courts will be construed as applicable to

3. Retroactive effect of the Rules. actions pending and undetermined at the time of their passage. Procedural laws are
retrospective in that sense and to that extent. However, when a doctrine laid down by
the Supreme Court is overruled and a different view is adopted, the new doctrine
should be applied prospectively, and should not apply to parties who had relied on the
old doctrine and acted on the faith thereof.

4. Commencement of an action. It is commenced by the filing of the original complaint in court [Sec. 5, Rule 1]. It can be
instituted by filing the complaint by personal service or by registered mail [Sec. 3, Rule
13].
NB: It is not simply the filing of the complaint or appropriate initiatory pleading, but
the payment of the prescribed docket fee that vests a trial court with jurisdiction over
the subject matter or nature of the action. When an additional defendant is impleaded
in a later pleading, the action is commenced with regard to him on the date of the filing
of such later pleading [Sec. 5, Rule 1].

5. Interpretation of the Rules. These Rules shall be liberally construed in order to promote their objective of securing a
just, speedy and inexpensive disposition of every action and proceeding [S6, R1].
Needless to stress, rules of procedure are merely tools designed to facilitate the
attainment of justice. Thus, pleadings as well as remedial laws should be liberally
construed in order that the litigants may have ample opportunity to pursue their
respective claims and that a possible denial of substantial justice due to legal
technicalities may be avoided.
 The ends of justice are better served when cases are determined on the merits – after all
parties are given full opportunity to ventilate their causes and defenses – rather than on
technicality or some procedural imperfections.
It must be stressed, however, that liberality of construction of the rules should not be a
panacea for all procedural maladies. For the Supreme Court does not tolerate wanton
disregard of the procedural rules under the guise of liberal construction.
More importantly, the reglementary periods therein prescribed are to be strictly
observed for they are considered indispensable interdictions against needless delays
and orderly discharge of judicial business. The strict compliance with such periods has
more than once been held to be imperative, particularly and most significantly in
respect to the perfection of appeals

In peculiar circumstances, the Supreme Court may exercise its exclusive prerogative to
6. Suspension of the Rules. suspend its own rules or to except a particular case from its operation. The rules have
been drafted with the primary objective of enhancing fair trials and expediting justice.
As a corollary, if their applications and operations tend to subvert and defeat instead of
promote and enhance it, the suspension of the rules is justified.
The rules on technicality were promulgated to secure, not to override, substantial
justice. This power to suspend or even disregard the rules can be so pervasive and
encompassing so as to alter even that which the high court has already declared to be
final. And although the natural action to take would be to remand the case to the trial
court for the latter to conduct further proceedings, the high court may dispense with
such time-consuming procedure if it can resolve the dispute based on the records
before it.
CIVIL ACTIONS
ORDINARY CIVIL ACTIONS
Rule 2
CAUSE OF ACTION

SECTION 1. Ordinary Civil Actions,

Basis of. — Every ordinary civil action must
Meaning of ordinary civil actions - It is one in which a party sues another for the
be based on a cause of action.
enforcement or protection of a right or the prevention or redress of a wrong [Sec. 3(a),
Rule 1]. It is governed by ordinary rules.
SECTION 2. Cause of Action, Defined. —
A cause of action is the act or omission by
which a party violates a right of another.
Meaning of special civil actions - It is one in which a party sues another for the
enforcement or protection of a right or the prevention or redress of a wrong wherein it
has special features not found in ordinary civil actions. It is governed by ordinary rules
but subject to specific rules prescribed under Rules 62-71 [Riano, 2011].
Meaning of criminal actions - It is one by which the state prosecutes a person for an act
or omission punishable by law [Sec. 3(b), Rule 1].
Distinguish: civil actions and special proceedings Civil actions and special proceedings
may be distinguished as follows:
a. As to purpose, civil action is (i) to protect a right; or (ii) to prevent or redress a
wrong punishable by law; while, special proceeding is to establish a (i) status; (ii)
right; or (iii) particular fact [SRP].
b. As to governing law, civil action are governed by ordinary rules supplemented by
special rules; while, special proceeding requires the application of specific rules as
provided for `in the Rules of Court.
c. As to court, civil action is heard by courts of general jurisdiction; while, special
proceeding is heard by courts of limited jurisdiction.
d. As to procedure, civil action is initiated by a pleading and parties respond through
an answer; while, special proceeding is initiated by an application and parties
respond through an opposition. 5. Personal actions and real actions

Personal actions and real actions:

Personal action is for the recovery of personal property, the enforcement of a contract
or the recovery of damages; while, it is a real action when it affects title to or possession
of real property, or an interest therein.
Personal action is founded on privity of contract such as damages, claims of money,
etc.; while, real action is when it is founded upon the privity of a real estate. The realty
or interest therein is the subject matter of the action.
NB:
It is important that the matter in litigation must also involve any of the following
issues: i. Title; ii. Ownership; iii. Possession; iv. Partition; v. Foreclosure of mortgage;
vi. any interest in real property.
A personal action is ‗transitory‘ – [i.e., its venue depends upon the residence of the
plaintiff or the defendant. Venue of action is the place where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the principal defendants
resides, or in the case of a non- resident defendant where he may be found, at the
election of the plaintiff]; While, A real action is ‗local‘ – [i.e., its venue depends upon
the location of the property involved in the litigation.
Venue of action 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].
NB:
-Questions involving the propriety or impropriety of a particular venue are resolved
by initially determining the nature of the action, i.e., if the action is personal or real
[Riano, 2014].
-In Fortune Motors v. CA [1997], the Supreme Court also held that an action to annul
a foreclosure sale of a real estate mortgage is no different from an action to annul a
private sale of real property. While it is true that petitioner does not directly seek the
recovery of title or possession of the property in question, his action for annulment of
sale and his claim for damages are closely intertwined with the issue of ownership of
the building which, under the law, is considered immovable property, the recovery
of which is petitioner‘s primary objective. The prevalent doctrine is that an action for
the annulment or rescission of a sale of real property does not operate to efface the
fundamental and prime objective and nature of the case which is to recover said real
property. It is a real action
-Action for cancellation of TCT is a real action and jurisdiction depends upon
assessed value. (Padlan v. Dinglasan, 20 March 2013).

Local and transitory actions:

Local action must be brought in a particular place where the subject property is located,
unless there is an agreement to the contrary; while, transitory action is dependent on
the place where the party resides regardless of where the cause of action arose subject
to Sec. 4, Rule 4.
In local action, no privity of contract and the action is founded on privity of estate only;
while, transitory action is founded on privity of contract between the parties whether
debt or covenant.

Actions in rem, in personam and quasi in rem:

Action In Rem
i. A proceeding to determine title, status or condition of property within its
borders. [Nature]
ii. A proceeding to bar indifferently all who might be minded to make any
objection against the right sought to be enforced, hence the judgment therein
is binding theoretically upon the whole world. [Purpose]
iii. Directed against the thing itself instead of against the person. [Scope]
iv. Jurisdiction over the person of the defendant is not required. Jurisdiction over
the res v. is acquired either (1) by the seizure of the property under legal
process; or (2) as a result of the institution of legal proceedings. [Effect of
judgment]
v. Judgment is binding upon the whole world. [Required jurisdiction]
vi. [Examples:] 1. Probate proceedings; 2. Cadastral proceedings ; or 3. Land
registration proceedings.

Action In Personam
i. A proceeding to enforce personal rights and obligations brought against the
person. [Nature]
ii. To impose through the judgment of a court, some responsibility or liability
directly upon the person of the defendant. [Purpose]
iii. Directed against particular persons. [Scope]
iv. Jurisdiction over the person of the defendant is required. [Effect of judgment]
v. Judgment is binding only upon parties impleaded or their successors-in
interest but not upon strangers. [Required jurisdiction]
vi. [Examples:] 1. Action for specific performance; 2. Action for breach of contract;
or 3. Action for a sum of money or damages.

Action Quasi In Rem

i. A proceeding to subject the property of the named defendant or his interests
therein to the obligation or lien burdening the property. [Nature]
ii. Deals with the status, ownership or liability of a particular property but which
are intended to operate on these questions. [Purpose]
iii. Directed against particular persons with respect to the res. [Scope]
iv. Jurisdiction over the person of the defendant is not required as long as
jurisdiction over the res is acquired. [Effect of judgment]
v. Judgment will be binding only upon the litigants, their privies, and their
successors-in-interest, but the judgment shall be executed against a particular
property. The res involved will answer for the judgment. [Required
jurisdiction]
vi. [Examples:] 1. Action for partition; 2. Action for accounting; 3. Attachment; or
4. Foreclosure of mortgage.

NB:
-The distinction between actions in rem, in personam and quasi in rem is important
in determining the following:
1. Whether or not jurisdiction over the person of the defendant is required; and
2. The type of summons to be employed.
-Importance of classification of actions. The following matters are dependent on the
nature of the action:
1. The law on jurisdiction;
2. The rules on venue and prescription;
3. Defenses agaist the action;
4. Payment of docket fee; and
5. Service of summons [Herrera, 2007].
Cause of action, defined. — A cause of action is the act or omission by which a party
violates a right of another.
Elements of a Cause of Action (ROViD)
a) A right pertaining to the plaintiff;
b) A correlative obligation of the defendant to respect that right of the plaintiff;
c) Violation of plaintiff’s right by the defendant; AND
d) Damage.
 Right of Action — is the right of the plaintiff to bring an action and to prosecute that
action until final judgment.
Elements:
a. A good cause of action; AND
b. Performance of all conditions precedent to the filing of the action.
TN: CoA is imprescriptible while RoA may be lost by prescription.

SECTION 3. One Suit For A Single Cause Remedy: raise in an affirmative defense—ground: litis pendentia or res judicata.
of Action. — A party may not institute
more than one suit for a single cause of A single cause of action may give rise to several remedies.
action. Recto law: choose from (1) rescind the contract, (2) exact fulfillment of obligation, (3)
foreclosure the mortgage

SECTION 4. Splitting A Single Cause of Splitting a cause of action — is the practice of dividing one cause of action into different
Action; Effect of. — parts and making each part a subject of a different complaint.
If two or more suits are instituted on the
basis of the same cause of action, the filing Effect — Dismissal of the case on the ground of litis pendentia or res judicata.
of one or a judgment upon the merits in any
one is available as a ground for the Lis pendens as a ground for the dismissal of a civil action refers to that situation wherein
dismissal of the others. another action is pending between the same parties for the same cause of action.

To constitute the defense of lis pendens, it must appear that not only are the parties in
the two actions the same but there is substantial identity in the cause of action and
relief sought. Further, it is required that the identity be such that any judgment which
may be rendered in the other would, regardless of which party is successful, amount
to res judicata on the case on hand.
SECTION 5. Joinder of Causes of Action. — A party This condition is not applicable when there is only 1 plaintiff and 1
may in one pleading assert, in the alternative or defendant.
otherwise, as many causes of action as he may have
against an opposing party, subject to the following Joinder of parties is allowed when:
conditions: (1) The cause of action arises out of the same transaction or series of
transaction;
(a) The party joining the causes of action shall comply (2) There is common question of fact and law in the parties joined.
with the rules on joinder of parties;
(b) The joinder shall not include special civil actions or If the 2 causes of action are totally unrelated, specifically to the main case,
actions governed by special rules; then there is improper joinder of parties; you cannot join them.
(c) Where the causes of action are between the same The total amount of the claims from different causes of action will
parties but pertain to different venues or determine the jurisdiction. Apply Totality Rule.
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and
the venue lies therein; and
(d) Where the claims in all the causes of action are
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.

Rule 3
PARTIES TO CIVIL ACTIONS
SECTION 1. Who May Be Parties; Plaintiff and Defendant. — Entities authorized by law: Corporation by estoppel (Sec. 21,
Only natural or juridical persons, or entities authorized by law RCC), estate of a deceased person, legitimate labor organization
may be parties in a civil action. xxx

The term "plaintiff" may refer to the claiming party, the counter- Section 15, Rule 3
claimant, the cross-claimant, or the third (fourth, etc.) — party
plaintiff. The term "defendant" may refer to the original Section 4, Rule 8— parties’ capacity to sue and be sued must be
defending party, the defendant in a counterclaim, the cross - averred
defendant, or the third (fourth, etc.) — party defendant.
SECTION 2. Parties in Interest. — A real party in interest is How to determine who is the RPI? Examine the elements of a
the party who stands to be benefited or injured by the judgment cause of action.
in the suit, or the party entitled to the avails of the suit. Unless (Does the plaintiff have a right? Is his right violated? Did it cause
otherwise authorized by law or these Rules, every action must be damage to plaintiff? Does the defendant have a correlative duty to
prosecuted or defended in the name of the real party in interest. respect that right? Did the defendant commit an act or omission in
violation of that right?)

Effect if a party is not an RPI? Allege as affirmative defense:

complaint states no cause of action.

Who may be real parties in interest?

(1) Indispensable Parties — without whom no final
determination can be had of an action.
(2) Necessary Parties — is one who is not indispensable
but who ought to be joined as a party if complete
relief is to be accorded as to those already parties, or for
a complete determination or settlement of the claim
subject of the action.

Representative Parties — may be a trustee of an expert trust, a

guardian, an executor or administrator, or a party authorized by
law or these Rules. Those who prosecuted or defended the case
for and in behalf of the real party in interest.
SECTION 6. Permissive Joinder of Parties.— All persons in 1.) There is a right to relief in favor of or against or against the
whom or against whom any right to relief in respect to or parties joined in respect to or arising out of the same transaction
arising out of the same transaction or series of transactions is or series of transactions; and
alleged to exist, whether jointly, severally, or in the alternative, 2.) There is a question of law or fact common to the parties joined
may, except as otherwise provided in these Rules, join as in the action.
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
SECTION 9. Non-joinder of Necessary Parties to be Pleaded. Effect of failure to comply with the order of the court
— Whenever in any pleading in which a claim is asserted a The failure to comply with the order for his inclusion, without
necessary party is not joined, the pleader shall set forth his name, justifiable cause, shall be deemed a waiver of the claim against
if known, and shall state why he is omitted. Should the court such party.
find the reason for the omission unmeritorious, it may order the
inclusion of the omitted necessary party if jurisdiction over his Effect of justified non-inclusion of a necessary party
person may be obtained. The non-inclusion of a necessary party does not prevent the court
from proceeding in the action, and the judgment rendered therein
The failure to comply with the order for his inclusion, without shall be without prejudice to the rights of such necessary party.
justifiable cause, shall be deemed a waiver of the claim against
such party.

The non-inclusion of a necessary party does not prevent the court

from proceeding in the action, and the judgment rendered
therein shall be without prejudice to the rights of such
necessary party.
SECTION 11. Misjoinder and Non-joinder of Parties. — It will not result in the outright dismissal of the action.
Neither misjoinder nor non-joinder of parties is ground for Remedy: Motion to implead the indispensable party
dismissal of an action. Parties may be dropped or added by order
of the court on motion of any party or on its own initiative at
any stage of the action and on such terms as are just. Any claim
against a misjoined party may be severed and proceeded with
separately.
SECTION 12. Class Suit. — When the subject matter of the Requisites:
controversy is one of common or general interest to many a. The subject matter of the controversy is one of common
persons so numerous that it is impracticable to join all as parties, or general interest to many persons;
a number of them which the court finds to be sufficiently b. The parties are so numerous that it is impracticable to
numerous and representative as to fully protect the interests of bring them all before the court;
all concerned may sue or defend for the benefit of all. Any party c. A number of them which the court finds to be
in interest shall have the right to intervene to protect his sufficiently numerous may sue or defend for the benefit
individual interest. of all.
SECTION 16. Death of Party; Duty of Counsel. — Whenever a • File a manifestation and attach the death certificate as
party to a pending action dies, and the claim is not thereby proof that the party died.
extinguished, it shall be the duty of his counsel to inform the • The court must be informed as to who are the legal or
court within thirty (30) days after such death of the fact thereof, compulsory heirs.
and to give the name and address of his legal representative or • No more service of summons since the court has already
representatives. acquired jurisdiction.
Failure of counsel to comply with this duty shall be a ground • Heirs of the deceased may be allowed to be substituted
for disciplinary action. for the deceased without need for the appointment of
executor or administrator.
The heirs of the deceased may be allowed to be substituted for
the deceased, without requiring the appointment of an executor Two Kinds of Action:
or administrator and the court may appoint a guardian ad litem 1. Action that survives — substitution by an administrator,
for the minor heirs. executor or the legal heirs.
2. Action that DOES NOT survive — annulment of marriage,
The court shall forthwith order said legal representative or declaration on the nullity of marriage, legal separation
representatives to appear and be substituted within a period of
thirty (30) days from notice.

If no legal representative is named by the counsel for the

deceased party, or if the one so named shall fail to appear within
the specified period, the court may order the opposing party,
within a specified time, to procure the appointment of an
executor or administrator for the estate of the deceased and the
latter shall immediately appear for and on behalf of the
deceased.

The court charges in procuring such appointment, if defrayed

by the opposing party, may be recovered as costs.
SECTION 20. Action on Contractual Money Claims. — When You cannot file a motion for execution. The money judgment
the action is for recovery of money arising from contract, express incorporated in the decision should be presented as claim in the
or implied, and the defendant dies before the entry of final settlement of estate proceeding of the deceased under Rule 86.
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 the 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.
 Rule 4
VENUE OF ACTIONS
Jurisdiction Venue
Authority of the court to hear and decide the case Place where the case is to be heard or tried.
Matter of substantive law Matter of procedural law
Cannot be waived by the parties May be waived if not invoked either in a MD or in the answer
Fixed by law May be fixed by agreement of the parties
Court ay dismiss the action motu proprio in case of lack of No motu proprio dismissal based on improper venue except in
jurisdiction cases under Rules on Summary Procedure

SECTION 1. Venue of Real Actions. — Actions affecting TN: TIP (Title, Interest, Possession) - wherein the real property
title to or possession of real property, or interest therein, involved, or a portion thereof, is situated.
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.

Forcible entry and detainer actions shall be commenced

and tried in the Municipal Trial Court of the municipality
or city wherein the real property involved, or a portion
thereof, is situated.
SECTION 2. Venue of Personal Actions. — All other a) where the plaintiff or any of the principal plaintiffs resides, or
actions may be commenced and tried where the plaintiff or b) where the defendant or any of the principal defendants resides, or
any of the principal plaintiffs resides, or where the c) in the case of a non-resident defendant where he may be found,
defendant or any of the principal defendants resides, or in at the election of the plaintiff.
the case of a non-resident defendant where he may be
found, at the election of the plaintiff. TN: Residence—place of abode, whether permanent or temporary, of
the plaintiff or defendant. (Domicile denotes a fixed permanent residence
to which, when absent, one has the intention of returning)
Residence of a domestic corporation is the place within the Philippines,
where its principal office is located.

An action to recover the deficiency after the extrajudicial foreclosure of the

REM is a personal action, for it does not affect title to or possession of real
property, or any interest therein.
SECTION 4. When Rule not Applicable. — This Rule shall Agreement on Venue may be:
not apply — (1) Restrictive— suit can only be filed in the place agreed upon by
the parties.
(a) In those cases where a specific rule or law provides (2) Permissive— place agreed upon is in addition to the place
otherwise; or provided for in the Rules.
(b) Where the parties have validly agreed in writing
before the filing of the action on the exclusive venue *To make it exclusive, there must be words with restrictive meanings
thereof. such as “only,” “solely,” “exclusive in this court,” “in no other courts,
save…”, “particularly,” “nowhere else but/except…”
 Rule 6
KINDS OF PLEADINGS

SECTION 1. Pleadings Defined. — Pleadings are the written KINDS OF PLEADINGS

statements of the respective claims and defenses of the parties Initiatory Pleadings
submitted to the court for appropriate judgment. (1) Complaint
(2) Counterclaim—Permissive or Compulsory
SECTION 2. Pleadings Allowed. — The claims of a party are (3) Cross-claim
asserted in a complaint, counterclaim, cross-claim, third (4) Third party complaint
(fourth, etc.)-party complaint, or complaint-in-intervention. (5) Complaint in intervention

For initiatory pleadings, must comply with the requirements: (a)

The defenses of a party are alleged in the answer to the
payment of docket fees, (b) certification against forum shopping
pleading asserting a claim against him or her.
Failure to pay docket fees will be a ground for dismissal without
An answer may be responded to by a reply only if the
prejudice because the court cannot acquire jurisdiction.
defending party attaches an actionable document to the
answer.
CFS—Sec. 5, Rule 7; failure to comply will cause the dismissal
without prejudice; noncompliance or falsehood may even constitute
indirect contempt

Verification of pleading (only mandatory when required)—petition

for annulment, complaint in summary procedure, complaint for
ejectment, small claims, complaint for intra-corporate disputes

Responsive Pleadings
(1) Answer
(2) Reply if allowed
(3) Rejoinder if allowed
SECTION 5. Defenses. — Defenses may either be negative or KINDS OF DEFENSES
affirmative. (1) Negative—it is a specific denial of a material fact/s alleged
in the pleading of the claimant essential to his cause/s of
(a) A negative defense is the specific denial of the action.
material fact or facts alleged in the pleading of the (2) Affirmative—it is an allegation of new matter, which,
claimant essential to his or her cause or causes of while hypothetically admitting the material allegations
action. in the pleading of the claimant would nevertheless prevent
or bar recovery from him.
(b) An affirmative defense is an allegation of a new
matter which, while hypothetically admitting the TN: Differentiate with Rule 8, s12.
material allegations in the pleading of the claimant, Rule 8, s12 shall be resolved motu proprio within 30 days.
would nevertheless prevent or bar recovery by him R6, s5(b) – the court MAY conduct a summary hearing within 15
or her. The affirmative defenses include fraud, statute days.
of limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of
confession and avoidance.

Affirmative defenses may also include grounds for the

dismissal of a complaint, specifically, 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.
SECTION 7. Compulsory Counterclaim. - A compulsory Elements of Compulsory Counterclaim:
counterclaim is one which, being cognizable by the regular 1. It arises out of or is necessarily connected with the
courts of justice, arises out of or is connected with the transaction or occurrence which is the subject matter of
transaction or occurrence constituting the subject matter of the the opposing party’s claims.
opposing party's claim and does not require for its 2. It does not require for its adjudication the presence of
adjudication the presence of third parties of whom the court third parties over whom the court cannot acquire
cannot acquire jurisdiction. Such a counterclaim must be jurisdiction.
within the jurisdiction of the court both as to the amount and 3. Such counterclaim must be within the jurisdiction of the
the nature thereof, except that in an original action before the court both as to amount and nature itself. [Except when
Regional Trial Court, the counterclaim may be considered the Original Action is before the RTC]
compulsory regardless of

the amount. A compulsory counterclaim not raised in the same If one element fails, then it is a Permissive Counterclaim and may be filed
action is barred, unless otherwise allowed by these Rules. separately and cannot be barred even if not raised in the same action.

In case of criminal action wherein the civil aspect is deemed

instituted, follow Sec 1(a) Rule 111:
“No counterclaim, cross-claim or third-party complaint may be
filed by the accused in the criminal case, but any cause of action
which could have been the subject thereof may be litigated in a
separate civil action.

SECTION 10. Reply. — All new matters alleged in the answer GR: Filing of reply (or even rejoinder) is not required because all new
are deemed controverted. If the plaintiff wishes to interpose matters alleged in the answer are deemed controverted.
any claims arising out of the new matters so alleged, such ER: Only if the defending party attaches an actionable document to
claims shall be set forth in an amended or supplemental his or her answer.
complaint. However, the plaintiff may file a reply only if the
defending party attaches an actionable document to his or her Effect if no reply when an actionable document is attached: An
answer. implied admission of the due execution and genuineness of the said
actional documents. (R8,S8)
A reply is a pleading, the office or function of which is to
deny, or allege facts in denial or avoidance of new matters Thus, plaintiff will not be permitted to present evidence that will be
alleged in, or relating to, said actionable document. contrary to his implied admission.

In the event of an actionable document attached to the reply,

the defendant may file a rejoinder if the same is based solely
on an actionable document.
SECTION 11. Third, (Fourth, etc.)-Party Complaint. — A Purpose: [CISA]
third (fourth, etc.)-party complaint is a claim that a defending 1.) Contribution;
party may, with leave of court, file against a person not a 2.) Indemnity;
party to the action, called the third (fourth, etc.)-party 3.) Subrogation; or
defendant for contribution, indemnity, subrogation or any 4.) Any other relief in respect to the opponent’s claim.
other relief, in respect of his or her opponent's claim.
Four Tests to Determine Propriety of 3rd-Party Complaint (any
The third (fourth, etc.)-party complaint shall be denied will do)
admission, and the court shall require the defendant to 1.) It arises out of the same transaction on which complaint is
institute a separate action, where: (a) the third (fourth, etc.)- based;
party defendant cannot be located within thirty (30) calendar 2.) Is connected with the plaintiff’s claim;
3.) Third party defendant would be liable to the original
days from the grant of such leave; (b) matters extraneous to
plaintiff's claim; OR
the issue in the principal case are raised; or (c) the effect would
4.) Third party defendant may assert any defense which the third
be to introduce a new and separate controversy into the
party plaintiff has or may have against plaintiff’s claim.
action.
 Rule 7
PARTS AND CONTENTS OF A PLEADING

PRELIMINARIES Instances where Name of Parties not Required:

1.) Subsequent Pleading (e.g. answer, reply, etc.) (Section 1);
2.) Class suit (Rule 3, Section 12);
3.) When the identity or name of the defendant is unknown
(Rule 3, Section 14);
4.) When you sue an entity without judicial personality
(Rule 3, Section 15);
5.) If a party is sued in his official capacity.
Official designation is sufficient

SECTION 3. Signature and Address. — (a) Every pleading and other An unsigned pleading produces no legal effect; it is as if no
written submissions to the court must be signed by the party or counsel pleading was filed.
representing him or her. Implied Certification in a Pleading and Document means that when
a lawyer signs a pleading he is certifying that
(b) The signature of counsel constitutes a certificate by him or her that 1.) He has read it,
he or she has read the pleading and document; that to the best of his 2.) To the best of his knowledge, information and belief,
or her knowledge, information, and belief, formed after an inquiry formed after an inquiry reasonable under the circumstances:
reasonable under the circumstances: (a) It is not being presented for any improper purpose;
(b) The claims, defenses, and other legal contentions
(1) It is not being presented for any improper purpose, such as to are warranted by existing law or jurisprudence;
harass, cause unnecessary delay, or needlessly increase the (c) The factual contentions have evidentiary support;
cost of litigation; and
(2) The claims, defenses, and other legal contentions are (d) The denials of factual contentions are warranted on
warranted by existing law or jurisprudence, or by a non- the evidence
frivolous argument for extending, modifying, or reversing
existing jurisprudence; Counsel should also indicate the following in the pleadings:
(3) The factual contentions have evidentiary support or, if 1.) His PTR and IBP Official Receipt No. or Lifetime
specifically so identified, will likely have evidentiary Membership No.;
support after availment of the modes of discovery under 2.) Roll of Attorneys No.
these rules; and
(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based
on belief or a lack of information.

(c) If the court determines, on motion or motu proprio and after

notice and hearing, that this rule has been violated, it may impose an
appropriate sanction or refer such violation to the proper office for
disciplinary action, on any attorney, law firm, or party that violated
the rule, or is responsible for the violation.

Absent exceptional circumstances, a law firm shall be held jointly and

severally liable for a violation committed by its partner, associate, or
employee. The sanction may include, but shall not be limited to, non-
monetary directive or sanction; an order to pay a penalty in court; or,
if imposed on motion and warranted for effective deterrence, an
order directing payment to the movant of part or all of the reasonable
attorney's fees and other expenses directly resulting from the violation,
including attorney's fees for the filing of the motion for sanction. The
lawyer or law firm cannot pass on the monetary penalty to the client.
SECTION 4. Verification. — Except when otherwise specifically Who will sign: Plaintiff, duly authorized representative of
required by law or rule, pleadings need not be under oath or verified. plaintiff, principal plaintiff with the consent of the other plaintiffs,
A pleading is verified by an affidavit of an affiant duly authorized to counsel authorized by the plaintiff. NOT THE COUNSEL.
sign said verification. The authorization of the affiant to act on behalf
of a party, whether in the form of a secretary's certificate or a special The purpose of verification is to insure good faith in the
power of attorney, should be attached to the pleading, and shall averments of a pleading. Although lack of verification in a
allege the following attestations: pleading is a formal defect, not jurisdictional defect, and can
(a) The allegations in the pleading are true and correct based on his or be cured by amendment. (Phil. Bank of Commerce v.
her personal knowledge, or based on authentic documents; Macadaeg, L-14174, Oct. 31, 1960)
(b) The pleading is not filed to harass, cause unnecessary delay, or Verification is generally OPTIONAL, except:
needlessly increase the cost of litigation; and

(c) The factual allegations therein have evidentiary support or, if 1.) Rule 8 – when you deny the due execution of an
specifically so identified, will likewise have evidentiary support after actionable document;
a reasonable opportunity for discovery. 2.) Summary Rules – all pleadings under summary rules
The signature of the affiant shall further serve as a certification of the should be verified;
truthfulness of the allegations in the pleading. 3.) Special Civil Actions – petitions for certiorari,
A pleading required to be verified that contains a verification based prohibition and mandamus;
on "information and belief," or upon "knowledge, information and 4.) Petition for Relief from Judgment;
belief," or lacks a proper verification, shall be treated as an unsigned 5.) Petitions for Review under Rules 42 and 43;
pleading. 6.) Appeal by Certiorari under Rule 45;
7.) Petition for Annulment of Judgment of the RTC
SECTION 5. Certification against Forum Shopping. — The plaintiff Certification against Forum Shopping is not curable by
or principal party shall certify under oath in the complaint or other amendment.
initiatory pleading asserting a claim for relief, or in a sworn GR: Cause for dismissal without prejudice.
certification annexed thereto and simultaneously filed therewith: (a) ER: If the acts of the party or his counsel clearly constitute
that he or she has not theretofore commenced any action or filed any willful and deliberate forum shopping, the same shall be
claim involving the same issues in any court, tribunal or quasi- ground for summary dismissal WITH PREJUDICE.
judicial agency and, to the best of his or her knowledge, no such other
action or claim is pending therein; (b) if there is such other pending TN: Compulsory Counterclaims need not be accompanied
action or claim, a complete statement of the present status thereof; by CAFS because it is not an initiatory pleading.
and (c) if he or she should thereafter learn that the same or similar
action or claim has been filed or is pending, he or she shall report that
fact within five (5) calendar days therefrom to the court wherein his
or her aforesaid complaint or initiatory pleading has been filed.

The authorization of the affiant to act on behalf of a party, whether in

the form of a secretary's certificate or a special power of attorney,
should be attached to the pleading.

Failure to comply with the foregoing requirements shall not be

curable by mere amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing.
The submission of a false certification or non-compliance with any of
the undertakings therein shall constitute indirect contempt of court,
without prejudice to the corresponding administrative and criminal
actions. If the acts of the party or his or her counsel clearly constitute
willful and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.
 Rule 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

SECTION 1. In general. — Every pleading shall contain in TN: Evidentiary Facts are now required to be stated in the pleading.
a methodical and logical form, a plain, concise and direct
statement of the ultimate facts, including the evidence on
which the party pleading relies for his or her claim or
defense, as the case may be.

If a cause of action or defense relied on is based on law,

the pertinent provisions thereof and their applicability to
him or her shall be clearly and concisely stated.
SECTION 2. Alternative Causes of Action or Defenses. Co-related provisions
— A party may set forth two or more statements of a claim 1.) Rule 2, Section 5 — where a party may, in one pleading state
or defense alternatively or hypothetically, either in one in the alternative or otherwise, as many causes of action;
cause of action or defense or in separate causes of action 2.) Rule 3, Section 6 — on permissive joinder of parties. When may
or defenses. When two or more statements are made in the 2 persons or more be joined as plaintiffs or defendants and how
alternative and one of them if made independently would are they joined? They are joined jointly, severally, or
be sufficient, the pleading is not made insufficient by the alternatively; and
insufficiency of one or more of the alternative statements. 3.) Rule 3, Section 13 — on alternative defendants. When you are
uncertain who is the real defendant, you may join them
alternatively although the relief against one may be inconsistent
with the other
Sections 3 to 6 “Averments” General Averment suffices:
1. Conditions Precedent
2. Malice, Intent, Knowledge
3. Condition of the mind
4. Judgment
5. Official act or document

Specific Averment is required:

1. Capacity to sue or be sued
2. Legal Existence
3. Fraud or mistake

SECTION 7. Action or Defense Based on Document. — What is an actionable document?

Whenever an action or defense is based upon a written It is a document by which a party based the defense or cause of action.
instrument or document, the substance of such instrument How to allege an actionable document?
or document shall be set forth in the pleading, and the The gist, or summary of the actionable document shall be alleged in the
original or a copy thereof shall be attached to the pleading pleading, and a copy shall be attached to the pleading.
as an exhibit, which shall be deemed to be a part of the
pleading.
SECTION 8. How to Contest Such Documents. — When TN: A person who is not a party to an actionable document, is not
an action or defense is founded upon a written required to deny it under oath.
instrument, or attached to the corresponding pleading as Requirements:
provided in the preceding section, the genuineness and a) Under Oath
due execution of the instrument shall be deemed admitted b) Specific Denial
unless the adverse party, under oath specifically denies c) Sets forth claims to the contrary.
them, and sets forth what he or she claims to be the facts;
but the requirement of an oath does not apply when the
adverse party does not appear to be a party to the
instrument or when compliance with an order for an
inspection of the original instrument is refused.
SECTION 10. Specific Denial. — A defendant must 3 Ways of Denial:
specify each material allegation of fact the truth of which he 1. Absolute denial—the entirety of the specific material
or she does not admit and, whenever practicable, shall set allegation is specifically denied and the truth of the facts are also set
forth the substance of the matters upon which he or she forth by the defendant.
relies to support his or her denial. Where a defendant 2. Partial denial— a specific material allegation is specifically
desires to deny only a part of an averment, he or she shall denied and a part of it is also admitted
specify so much of it as is true and material and shall deny
only the remainder. Where a defendant is without

knowledge or information sufficient to form a belief as to 3. Disavowal of knowledge— defendant shall allege that he does
the truth of a material averment made to the complaint, he not have sufficient knowledge or belief as to the truthfulness of the material
or she shall so state, and this shall have the effect of a allegation.
denial.
Effect if did not specifically deny: Deemed admitted.
SECTION 11. Allegations Not Specifically Denied What to do next: File a motion on judgment on the pleadings on the
Deemed Admitted. — Material averments in a pleading ground that the material allegations in the complaint are admitted.
asserting a claim or claims, other than those as to the
amount of unliquidated damages, shall be deemed
admitted when not specifically denied.
SECTION 12. Affirmative Defenses. — (a) A defendant Once an affirmative defense is raised, the court has to resolve such
shall raise his or her affirmative defenses in his or her affirmative defense within 30 calendar days when affirmative defenses
answer, which shall be limited to the reasons set forth under are those mentioned.
Section 5 (b), Rule 6, and the following grounds:
1. That the court has no jurisdiction over the person But: if affirmative defense is based on 5(b), the court may conduct a
of the defending party; hearing (but after the hearing, the affirmative defense has to be resolved)
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue; If affirmative defense is denied, it cannot be subject of a motion for
4. That the pleading asserting the claim states no recon, petition for certiorari, prohibition or mandamus. (par. E)
cause of action; and
5. That a condition precedent for filing the claim Remedy: Raise it on appeal as an assignment of error.
has not been complied with.

(b) Failure to raise the affirmative defenses at the earliest

opportunity shall constitute a waiver thereof.
(c) The court shall motu proprio resolve the above
affirmative defenses within thirty (30) calendar days from
the filing of the answer.
(d) As to the other affirmative defenses under the first
paragraph of Section 5 (b), Rule 6, the court may conduct a
summary hearing within fifteen (15) calendar days from
the filing of the answer. Such affirmative defenses shall be
resolved by the court within thirty (30) calendar days from
the termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be the subject
of a motion for reconsideration or petition for certiorari,
prohibition or mandamus, but may be among the matters
to be raised on appeal after a judgment on the merits.
 Rule 9
EFFECT OF FAILURE TO PLEAD

SECTION 1. Defenses and Objections Not Pleaded. — GR: Defenses and objections not pleaded either in a motion to
Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived
dismiss or in the answer are deemed waived. However, EXP: The following grounds are not waived even if not raised in the
when it appears from the pleadings or the evidence on answer as an affirmative defense:
record that the court has no jurisdiction over the subject 1. Lack of jurisdiction the over subject matter
matter, that there is another action pending between the 2. Litis pendentia
same parties for the same cause, or that the action is barred 3. Res judicata
by a prior judgment or by statute of limitations, the court 4. Prescription or barred by Statute of limitation
shall dismiss the claim.
These grounds are grounds where the court may motu proprio
dismiss the case if the allegations in the complaint would indicate any
of the grounds.
SECTION 3. Default; Declaration of. — If the defending When can the defendant be declared in default?
party fails to answer within the time allowed therefor, the Requisites for Valid declaration of Default (Sablas vs Sablas)
court shall, upon motion of the claiming party with notice 1. Court acquired jd over the person of defending party either by:
to the defending party, and proof of such failure, declare a. Proper service of summons
the defending party in default. Thereupon, the court shall b. Voluntary appearance
proceed to render judgment granting the claimant such 2. Defending party failed to file answer within time provided by law
relief as his or her pleading may warrant, unless the court or the rules which is 30 days.
in its discretion requires the claimant to submit evidence. 3. There is filing of motion to declare default by plaintiff
Such reception of evidence may be delegated to the clerk 4. Must be notified of the motion
of court.
TN: The court cannot motu proprio declare the defendant in default.
There has to be a motion to be filed by the plaintiff.
(a) Effect of order of default. — A party in default
Suppose plaintiff fails to file a motion to declare defendant in default.
shall be entitled to notices of subsequent
What should be done? Should the complaint or the case be allowed to sleep
proceedings but shall not take part in the trial.
in court until such time that the plaintiff would remember to file the
appropriate motion to declare the defendant in default?
(b) Relief from order of default. — A party declared
in default may at any time after notice thereof
The court should dismiss the case, this time motu proprio on the
and before judgment, file a motion under oath to ground of failure to prosecute.
set aside the order of default upon proper If plaintiff will not file appropriate motion to declare defendant in
showing that his or her failure to answer was due default, the court may dismiss the case motu proprio for failure to
to fraud, accident, mistake or excusable prosecute under Sec 3 Rule 17.
negligence and that he or she has a meritorious
defense. In such case, the order of default may be Remedies of the Party who fails to file an answer and/or is declared in
set aside on such terms and conditions as the default:
judge may impose in the interest of justice. 1. Before notice of order of default: File a motion to admit answer
giving a justifiable cause for the delay in the filing of the answer. Where
(c) Effect of partial default. — When a pleading an answer has been filed belatedly but before the defendant is declared
asserting a claim states a common cause of action in default, the court should admit the answer in order to resolve the case
against several defending parties, some of whom on the merits rather than on technicalities.
answer and the others fail to do so, the court shall 2. After order of default but before judgment: File a motion under
try the case against all upon the answers thus filed oath to set aside the default order xxx (S3[b] R9)
and render judgment upon the evidence 3. After judgment but before it becomes final: File a motion for new
presented. trial on the ground of FAME under R37. If denied, may appeal 15 days
from receipt of the order denying the motion for new trial.
(d) Extent of relief to be Awarded. — A judgment 4. After judgment becomes final: File a petition for relief under
rendered against a party in default shall neither R38. If the defendant was improvidently or wrongly declared in
exceed the amount or be different in kind from default xxx certiorari.
that prayed for nor award unliquidated damages. 5. After period to file a petition for relief has lapsed: File a petition for
annulment of judgment based on extrinsic fraud under R47.
(e) Where no defaults allowed. — If the defending
A defendant against whom a default judgment was rendered is not
party in an action for annulment or declaration of
barred on appeal from challenging the judgment for being contrary to
nullity of marriage or for legal separation fails to
law and the evidence. On appeal, he may challenge the evidence
answer, the court shall order the Solicitor General
received as unauthenticated and as hearsay.
or his or her deputized public prosecutor, to
investigate whether or not a collusion between the Suppose there are several defendants (2 or more), some of them filed their
parties exists, and if there is no collusion, to answer, some did not. What is the rule?
intervene for the State in order to see to it that the GR: Those who did not file their answer shall be declared in default.
 evidence submitted is not fabricated. Those who filed their answer, shall not be declared in default.

ER: However, if defendants share a common defense, the answer

submitted by the answering defendant would inure to the benefit of
the defaulting defendant.

Rule 10
AMENDED AND SUPPLEMENTAL PLEADINGS

SECTION 1. Amendments in General. — Pleadings Why allow amendment of pleadings: So that actual merits of the
may be amended by (1) adding or striking out an controversy may speedily be determined, without regard to technicalities
allegation or the name of any party, or (2) by correcting a in the most expeditious and inexpensive manner.
mistake in the name of a party or a mistaken or
inadequate allegation or description in any other respect, Amendment VS Supplemental Pleading
so that the actual merits of the controversy may speedily • Amendment— the subject of which may refer to matters that
be determined, without regard to technicalities, in the occurred before the filing or during the filing of the complaint;Can
most expeditious and inexpensive manner. be a matter of right or matter of discretion; the amended pleading
supersedes the original pleading.
• Supplemental Pleading— may refer to matters that occurred after
the filing of the original complaint; it is always a matter of
discretion (through a motion filed in court); forms part of the
original pleading.
KINDS OF AMENDMENTS:
(As to procedural; when it can be made)
[Link] a matter of right
If plaintiff, still a matter of right if still has not served a responsive pleading.
He may amend once as a matter of right.
• Can either be a formal or substantial amendment
• Not allowed: Amendment as to confer jurisdiction

2. As a matter of discretion
• If he wants to amend again, he must ask leave of court.
• When he was already served with a responsive pleading.

(As to subject of amendment)

[Link] Amendment (S4, R10)
• Seeking only to amend clearly clerical or typographical error.
• May be corrected by the court motu proprio anytime because it does not
cause prejudice to the adverse party. If it will cause prejudice, there must
be leave of court.
[Link] Amendment --- involves substantial matters
SECTION 5. No Amendment Necessary to Conform to What would be the effect of the failure to object to the presentation of an evidence
or Authorize Presentation of Evidence. — When issues to prove a fact which is not in issue? (Here, plaintiff was the one who presented
not raised by the pleadings are tried with the express or evidence to prove a fact not in issue and defendant did not object.)
implied consent of the parties, they shall be treated in all
respects as if they had been raised in the pleadings. No The pleading is deemed amended.
amendment of such pleadings deemed amended is If objected, amendment could no longer be allowed.
necessary to cause them to conform to the evidence.

SECTION 8. Effect of Amended Pleadings. — An What will happen to the original pleading when the same is amended?
amended pleading supersedes the pleading that it Original pleading will be superseded by the amended pleading.
amends. However, admissions in superseded pleadings TN: Amended admissions are considered extrajudicial admissions
may be offered in evidence against the pleader, and which require to be presented as evidence.
claims or defenses alleged therein not incorporated in the
amended pleading shall be deemed waived.
 Rule 11
WHEN TO FILE RESPONSIVE PLEADINGS

30 calendar days after service of summons

ANSWER/ANSWER TO THIRD-PARTY COMPLAINT (may file a motion to extend provided that there is a meritorious
reason; only 1 extension)

COUNTERCLAIM 20 calendar days from notice of the order

CROSSCLAIM 20 calendar days from notice of the order

THIRD-PARTY COMPLAINT 30 calendar days after service of summons

ANSWER TO COMPLAINT-IN-INTERVENTION 15 calendar days after service of summons (Rule 19)

ANSWER TO COUNTER-COUNTERCLAIM 20 calendar days from service

ANSWER TO CROSSCLAIM 20 calendar days from service

As a matter of right - 30 calendar days after being served with a

copy
As a matter of discretion - 15 calendar days from notice of the order

AMENDED COMPLAINT Why is it that when amendment is made through the discretion of
the court, it’s a shorter period than when it was made as a matter
of right? An answer was already filed in a matter of discretion.
Whatever the amendment as a substantial matter there, that will be
heard by the courts so that’s one thing that will be assured by the
defendant to file his answer.

REPLY
15 calendar days from service of the pleading responded to
REJOINDER

ANSWER TO SUPPLEMENTAL COMPLAINT 20 calendar days from notice of the order

ANSWER TO SUPPLEMENTAL CROSSCLAIM 20 calendar days from notice of the order

ANSWER TO SUPPLEMENTAL COUNTERCLAIM 20 calendar days from notice of the order

ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL

60 calendar days after the receipt of summons
ENTITY
 Rule 12
BILL OF PARTICULARS

SECTION 1. When Applied for; Purpose. — Before responding Purpose: For the defendant to prepare intelligently his answer
to a pleading, a party may move for a definite statement or for a because he believed that the allegations in the complaint are not
bill of particulars of any matter, which is not averred with alleged with particularity and definiteness.
sufficient definiteness or particularity, to enable him or her “party” – defendant or the defending party. It may be used as to
properly to prepare his or her responsive pleading. If the the complaint, counterclaim, crossclaim, complaint-in-
pleading is a reply, the motion must be filed within ten (10) intervention, or a third-party complaint.
calendar days from service thereof. Such motion shall point out
the defects complained of, the paragraphs wherein they are When avail this remedy? After service of summons but before
contained, and the details desired. filing the responsive pleading. (filed within the period of filing
an answer but before filing the responsive pleading)

Why need this? The defending party must specifically deny

each of the material allegations the truth of which he does not
admit. The plaintiff must specifically allege the facts which
constitute his cause of action.

Effect of filing for a BOP to the period to file the answer? It

suspends or halts the period.
SECTION 5. Stay of Period to File Responsive Pleading. — Remaining period but shall not be less than 5 days.
After service of the bill of particulars or of a more definite
pleading, or after notice of denial of his or her motion, the
moving party may file his or her responsive pleading within the
period to which he or she was entitled at the time of filing his or
her motion, which shall not be less than five (5) calendar days in
any event.
 Rule 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Filing Service
Definition Filing is the act of submitting the pleading or other paper to Service is the act of providing a party with a copy of the
the court. pleading or any other court submission.
Manner of Section 3. Manner of filing. – The filing of the pleadings and Section 5. Mode of Service. – Pleadings, motions,
other court submissions shall be made by: notices, orders, judgments, and other court
1. Submitting personally the original thereof, submissions shall be served:
plainly indicated as such, to the court; 1. personally or
2. Sending them by registered mail; 2. by registered mail,
3. Sending them by accredited courier; 3. accredited courier,
4. Transmitting them by electronic mail or other 4. electronic mail,
electronic means as may be authorized by the 5. facsimile transmission,
Court in places where the court is electronically 6. other electronic means as may be authorized
equipped. by the court, or
7. as provided for in international conventions
to which the Philippines is a party.
Proof Section 16. Proof of filing. – The filing of a pleading or any Section 17. Proof of service. –
other court submission shall be proved by its existence in
the record of the case. Proof of personal service shall consist of
• a written admission of the party
(a) If the pleading or any other court submission is served, or
not in the record but is claimed to have filed • the official return of the server, or
personally, the filing shall be proven by • the affidavit of the party serving,
✓ written acknowledgement of its filing by containing a full statement of the date, place and
the clerk of court on a copy of the manner or service.
pleading or court submission;
(a) Ordinary mail. – Proof shall consist of an
(b) If the pleading or any other court submission was
affidavit of the person mailing stating the
filed by registered mail, the filing shall be proven
facts showing compliance with Section
by
7 of this Rule.
✓ the registry receipt and
✓ by the affidavit of the person who mailed (b) Registered mail. – Proof shall be made
it, containing – by the affidavit mentioned above and
▪ a full statement of the date and the registry receipt issued by the
place of deposit of the mail in mailing office. The registry return
the post office in a sealed card shall be filed immediately upon
envelope addressed to the its receipt by the sender, or in lieu thereof,
court, the unclaimed letter together with the
▪ with postage fully prepaid, and certified or sworn copy of the notice
▪ with instruction to the given by the postmaster to the addressee.
postmaster to return the mail to
the sunder after ten (10) (c) Accredited courier. – Proof shall be made
calendar days if not delivered. by an affidavit of service executed
the person who brought the pleading
(c) If the pleading or any other court submission was or paper to the service provider,
filed through an accredited courier service, the together with the courier’s official receipt
filing shall be proven by or document tracking number.
✓ an affidavit of service of the service of the
person who brought the pleading or (d) Electronic mail, facsimile, or other authorized
other document to the service provider, electronic means of transmission. – Proof
✓ together with the courier’s official receipt shall
and be made by an affidavit of service executed
✓ document tracking number
by the person who sent the e-mail,
(d) If the pleading or any other court submission was facsimile, or other electronic transmission,
filed by electronic mail, the same shall be proven together with a printed proof of
by transmittal.
✓ an affidavit of electronic filing of the filing
party
✓ accompanied by a paper copy of the
pleading or other document
 transmitted
or
✓ a written or stamped acknowledgment of
its filing by the clerk of court.

If the paper copy sent by electronic mail was filed by

registered mail, paragraph (b) of this Section applies.

(e) If the pleading or any other court submission was

filed through other authorized electronic
means, the same shall be proven
✓ an affidavit of electronic filing of the filing
party
✓ accompanied by a copy of the electronic
acknowledgment of its filing by the court.

SECTION 19. Notice of Lis Pendens. — In an action affecting the • Notice of lis pendens—a notice of the pendency of a
title or the right of possession of real property, the plaintiff and real action which the plaintiff or the defendant may record in
the defendant, when affirmative relief is claimed in his or her the office of the registry of deeds where the property subject of
answer, may record in the office of the registry of deeds of the the action is situated.
province in which the property is situated a notice of the pendency
of the action. 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. Only from the time of
filing such notice for record shall a purchaser, or encumbrancer of
the property affected thereby, [purpose] be deemed to have
constructive notice of the pendency of the action [to those not
parties to the case that the real property is the subject of a pending
litigation], and only of its pendency against the parties designated
by their real names.

The notice of lis pendens hereinabove mentioned may be cancelled

only upon order of the court, after proper showing that the notice
is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to be
recorded.
 Rule 14
SUMMONS

SECTION 1. Clerk to Issue Summons. — Unless the complaint is on Why is service of summons important?
its face dismissible under Section 1, Rule 9, the court shall, within five Service of summons has 2 purposes: (Sagana vs Francisco)
(5) calendar days from receipt of the initiatory pleading and proof of 1. To acquire jd over the person of defendant
payment of the requisite legal fees, direct the clerk of court to issue the 2. To notify defendant that an action is commenced against
corresponding summons to the defendants. him so that he may be given opportunity to be heard on the
claim against him.
~So, summons is required in compliance of due process. TN:
Summons shall be issued within 5 calendar days from the
receipt of copy of the complaint.
SECTION 3. By Whom Served. — The summons may be served by When can plaintiff be authorized to effect service of
the sheriff, his or her deputy, or other proper court officer, and in case summons?
of failure of service of summons by them, the court may authorize the a. in case of failure of service of summons by the sheriff,
plaintiff — to serve the summons — together with the sheriff. his deputy, or other proper court officers, the court
In cases where summons is to be served outside the judicial region of may authorize the plaintiff - to serve the summons -
the court where the case is pending, the plaintiff shall be authorized to together with the sheriff ;
cause the service of summons. b. summons is to be served outside the judicial region of
the court where the case is pending;
If the plaintiff is a juridical entity, it shall notify the court, in writing, c. If the summons is returned without being served on
and name its authorized representative therein, attaching a board any defendant.
resolution or secretary's certificate thereto, as the case may be, stating
that such representative is duly authorized to serve the summons on
behalf of the plaintiff.

If the plaintiff misrepresents that the defendant was served summons,

and it is later proved that no summons was served, the case shall be
dismissed with prejudice, the proceedings shall be nullified, and the
plaintiff shall be meted appropriate sanctions.

If summons is returned without being served on any or all the

defendants, the court shall order the plaintiff to cause the service of
summons by other means available under the Rules.

Failure to comply with the order shall cause the dismissal of the
initiatory pleading without prejudice.
SECTION 5. Service in Person on Defendant. — Whenever MODES OF SERVICE OF SUMMONS
practicable, the summons shall be served by handing a copy thereof to 1. Personal service (S5, R14)
the defendant in person and informing the defendant that he or she is 2. Substituted service (S6, R16)
being served, or, if he or she refuses to receive and sign for it, by 3. Publication (S14, 15, 17, 18)
leaving the summons within the view and in the presence of the 4. Extraterritorial (S17, R14)
defendant. 5. Service consistent with international conventions
(S9, R14)
SECTION 6. Substituted Service. — If, for justifiable causes, the • Hague Service Convention
How is summons served upon natural persons?
defendant cannot be served personally after at least three (3) attempts
1. Personal service (S5)
on two (2) different dates, service may be effected: 2. Substituted service (S6)
3. Special rules are provided for:
i. By leaving copies of the summons at the defendant's residence a. Prisoners (S8)
to a person at least eighteen (18) years of age and of sufficient b. Spouses (S11)
discretion residing therein; c. Minors and incompetents (S10)
ii. By leaving copies of the summons at the defendant's office or
regular place of business with some competent person in Personal service of summons may be made in any place
charge thereof. A competent person includes, but is not limited where the defendant may be found.
to, one who customarily receives correspondences for the Requisites to effect a Valid Substituted Service:
defendant; [Manotoc v CA]
iii. By leaving copies of the summons, if refused entry upon 1. Impossibility of Prompt Personal Service [3
making his or her authority and purpose known, with any of attempts on 2 different dates]
the officers of the homeowners' association or condominium 2. Specific details in the return
corporation, or its chief security officer in charge of the 3. A person of suitable age and discretion
community or the building where the defendant may be 4. Competent person in charge
found; and
iv. By sending an electronic mail to the defendant's electronic mail
address, if allowed by the court.
COMBINED SECTIONS
How is it served if the defendant is:
1. Entity without juridical personality
• Upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business
maintained in such name. But such service shall not bind individually any person whose connection with the entity
has, upon due notice, been severed before the action was filed.

2. Prisoner
• By the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said
purpose.
• The jail warden shall file a return within five (5) calendar days from service of summons to the defendant.

3. Minor or incompetent
• Upon him personally and on his legal guardian if he has one, or if none his guardian ad litem whose appointment
shall be applied for by the plaintiff. In the case of a minor, service shall be made on his or her parent or guardian.

4. Spouse
• When spouses are sued jointly, service of summons should be made to each spouse individually.

5. Domestic private corporation

Service may be made on the:
a. president,
b. managing partner,
c. general manager,
d. corporate secretary,
e. treasurer, or
f. in-house counsel of the corporation wherever they may be found, or
g. in their absence or unavailability, on their secretaries. If such service cannot be made upon any of the foregoing
persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its
principal office. In case the domestic juridical entity is under receivership or liquidation, service of summons
shall be made on the receiver or liquidator, as the case may be. Should there be a refusal on the part of the
persons above-mentioned to receive summons despite at least three (3) attempts on two (2) different dates,
service may be made electronically, if allowed by the court.

6. Foreign private corporation

Service may be made on
a. its resident agent designated in accordance with law for that purpose, or,
b. if there be no such agent, on the government official designated by law to that effect, or
c. on any of its officers or agents, directors or trustees within the Philippines. If it is not registered in the
Philippines, or has no resident agent but has transacted or is doing business in it, as defined by law, such service
may, with leave of court, be effected outside of the Philippines through any of the following means:
(i) By personal service coursed through the appropriate court in the foreign country with the assistance of the
DFA;
(ii) By publication once in a newspaper of general circulation in the country where the defendant may be
found and by serving a copy of the summons and the court order by registered mail at the last known address
of the defendant;
(iii) By facsimile;
(iv) By electronic means with the prescribed proof of service; or
(v) By such other means as the court, in its discretion, may direct.

7. Public corporation
• Service may be effected on the Solicitor General; in case of a province, city or municipality, or like public corporations,
service may be effected on its executive head, or on such other officer or officers as the law or the court may direct.

8. Unknown identity or whereabout

• Within ninety (90) calendar days from the commencement of the action, service may, by leave of court, be effected
upon him by publication in a newspaper of general circulation and in such places and for such time as the court may
order.
• Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days
after notice, within which the defendant must answer.
SECTION 17. Extraterritorial Service. — When the defendant does Extraterritorial service of summons is proper:
not reside and is not found in the Philippines, and the action affects (1) when the action affects the personal status of the plaintiff;
the personal status of the plaintiff or relates to, or the subject of (2) when the action relates to, or the subject of which is,
which is, property within the Philippines, in which the defendant property within the Philippines, in which the defendant has
has or claims a lien or interest, actual or contingent, or in which the or claims a lien or interest, actual or contingent;
relief demanded consists, wholly or in part, in excluding the (3) when the relief demanded in such an action consists, wholly
defendant from any interest therein, or the property of the or in part, in excluding the defendant from any interest in
defendant has been attached within the Philippines, service may, property located in the Philippines, and
by leave of court, be effected out of the Philippines by personal (4) when defendant nonresident's property has been
service as under Section 6; or as provided for in international attached within the Philippines.
conventions to which the Philippines is a party; or by publication The service of summons may, with leave of court, be effected
in a newspaper of general circulation in such places and for such out of the Philippines through:
time as the court may order, in which case a copy of the summons
and order of the court shall be sent by registered mail to the last (1) by personal service;
known address of the defendant, or in any other manner the court (2) by publication in a newspaper of general circulation in
may deem sufficient. Any order granting such leave shall specify a such places and for such time as the court may order, in
reasonable time, which shall not be less than sixty (60) calendar which case a copy of the summons and order of the court
days after notice, within which the defendant must answer. should be sent by registered mail to the last known
address of the defendant, and
(3) service of summons may be effected in any other manner
which the court may deem sufficient.
(4) as provided for in international conventions to which the
Philippines is a party.
(f) Any order granting such leave shall specify a reasonable
time, which shall not be less than sixty (60) calendar days
after notice, within which the defendant must answer
 Rule 15
MOTION
S
Preliminary Sections REQUIREMENTS OF A MOTION
1. In writing except those made in open court or in the course of a hearing
or trial. [Sec. 2]
2. State relief sought and the grounds for it (accompanied by supporting
affidavits when needed) [Sec. 3]
3. Served by personal service, accredited courier or registered mail, or
electronic means so as to ensure their receipt by the other party [Sec. 5b]
4. Proof of service upon the other party [Sec. 7]

*Non-compliance is but a “mere scrap of paper” which produces no legal effect

and should not be acted upon by the court.
SECTION 4. Non-Litigious Motions. — Motions SECTION 5. Litigious Motions. —
which the court may act upon without prejudicing (a) Litigious motions include:
the rights of adverse parties are non-litigious (1) Motion for bill of particulars;
motions. These motions include: (2) Motion to dismiss;
(a) Motion for the issuance of an alias summons; (3) Motion for new trial;
(b) Motion for extension to file answer; (4) Motion for reconsideration;
(c) Motion for postponement; (5) Motion for execution pending appeal;
(d) Motion for the issuance of a writ of execution; (6) Motion to amend after a responsive pleading has been filed;
(e) Motion for the issuance of an alias writ of (7) Motion to cancel statutory lien;
execution; (8) Motion for an order to break in or for a writ of demolition;
(f) Motion for the issuance of a writ of (9) Motion for intervention;
(10) Motion for judgment on the pleadings;
possession;
(11) Motion for summary judgment;
(g) Motion for the issuance of an order (12) Demurrer to evidence;
directing the sheriff to execute the final (13) Motion to declare defendant in default; and
certificate of sale; and (14) Other similar motions.
(h) Other similar motions.
(b) All motions shall be served by personal service, accredited private courier
These motions shall not be set for hearing and shall or registered mail, or electronic means so as to ensure their receipt by the other
be resolved by the court within five (5) calendar days party.
from receipt thereof. (c) The opposing party shall file his or her opposition to a litigious motion
within five (5) calendar days from receipt thereof. No other submissions shall
be considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days
from its receipt of the opposition thereto, or upon expiration of the period to
file such opposition.
SECTION 9. Omnibus Motion. — Subject to the TN: Except section 1 Rule 9.
provisions of Section 1 of Rule 9, a motion attacking The following grounds are not waived even if not raised in the answer as an
a pleading, order, judgment, or proceeding shall affirmative defense:
include all objections then available, and all 1. Lack of jurisdiction over subject matter
objections not so included shall be deemed waived. 2. Litis pendentia
3. Res judicata
4. Prescription or barred by Statute of limitation

SECTION 12. Prohibited Motions. — The following EMPHASIS!!

motions shall not be allowed:
(a) Motion to dismiss except on the following (a) Motion to dismiss except on the following grounds:
grounds: 1) That the court has no jurisdiction over the subject matter of the claim;
1) That the court has no jurisdiction over the 2) That there is another action pending between the same parties for the
subject matter of the claim; same cause; and
2) That there is another action pending between 3) That the cause of action is barred by a prior judgment or by the statute of
the same parties for the same cause; and limitations.
3) That the cause of action is barred by a prior
judgment or by the statute of limitations.

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court's action
on the affirmative defenses;
(d) Motion to suspend proceedings without a
temporary restraining order or injunction issued by
a higher court;

(e) Motion for extension of time to file pleadings,

affidavits or any other papers, except a motion for
extension to file an answer as provided by Section
11, Rule 11; and

(f) Motion for postponement intended for delay,

except if it is based on acts of God, force majeure or
physical inability of the witness to appear and
testify. If the motion is granted based on such
exceptions, the moving party shall be warned that
the presentation of its evidence must still be
terminated on the dates previously agreed upon.

A motion for postponement, whether written or

oral, shall, at all times, be accompanied by the
original official receipt from the office of the clerk
of court evidencing payment of the postponement
fee under Section 21 (b), Rule 141, to be submitted
either at the time of the filing of said motion or not
later than the next hearing date. The clerk of court
shall not accept the motion unless accompanied by
the original receipt.
 Rule 17
DISMISSAL OF ACTIONS

SECTION 1. Dismissal upon Notice by Plaintiff. — A By filing a notice of dismissal at any time before service of the answer or
complaint may be dismissed by the plaintiff by filing a of a motion for summary judgment.
notice of dismissal at any time before service of the answer Two types of dismissal
or of a motion for summary judgment. Upon such notice
being filed, the court shall issue an order confirming the (1) With prejudice — the case can no longer be re-filed.
dismissal. Unless otherwise stated in the notice, the (2) Without prejudice — the case can be re-filed.
dismissal is without prejudice, except that a notice
operates as an adjudication upon the merits when filed by GR: The dismissal is WITHOUT PREJUDICE.
a plaintiff who has once dismissed in a competent court an EXC:
action based on or including the same claim. 1.) When in the notice of dismissal itself, the plaintiff himself stated that
he is dismissing his own complaint with prejudice; OR
2.) When a notice operates as an adjudication upon the merits when filed
by a plaintiff who has once dismissed in a competent court an action
based on or including the same claim. This is the TWO-DISMISSAL
RULE.
SECTION 2. Dismissal upon Motion of Plaintiff. — A complaint shall not be dismissed at the plaintiff's instance save upon
Except as provided in the preceding section, a complaint approval of the court and upon such terms and conditions as the court
shall not be dismissed at the plaintiff's instance save upon deems proper.
approval of the court and upon such terms and
conditions as the court deems proper. If a counterclaim GR: If you dismiss the complaint, the compulsory counterclaim is also
has been pleaded by a defendant prior to the service dismissed.
upon him or her of the plaintiff's motion for dismissal, the
dismissal shall be limited to the complaint. EXC: The defendant can revive the compulsory counterclaim within 15
days.
The dismissal shall be without prejudice to the right of
the defendant to prosecute his or her counterclaim in a
separate action unless within fifteen (15) calendar days
from notice of the motion he or she manifests his or her
preference to have his or her counterclaim resolved in the
same action. Unless otherwise specified in the order, a
dismissal under this paragraph shall be without
prejudice. A class suit shall not be dismissed or
compromised without the approval of the court.
SECTION 3. Dismissal Due to Fault of Plaintiff. — If, for Upon motion of the defendant or upon the court's own motion, the case
no justifiable cause, the plaintiff fails to appear on the date may be dismissed if the plaintiff fails to:
of the presentation of his or her evidence in chief on the 1.) Appear on the date of the presentation of his evidence-in-chief on the
complaint, or to prosecute his or her action for an complaint;
unreasonable length of time, or to comply with these Rules 2.) Prosecute his action for an unreasonable length of time; As per AM
or any order of the court, the complaint may be dismissed 03-01-09, failure of plaintiff to move for the setting of case for pre-trial is
upon motion of the defendant or upon the court's own no longer a ground for dismissal.
motion, without prejudice to the right of the defendant to 3.) Comply with the Rules of Court or any order of the court for no
prosecute his or her counterclaim in the same or in a justifiable reason or cause.
separate action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise declared GR: The court should not dismiss the case upon its own initiative,
by the court. because the grounds for dismissal are waivable. If the defendant fails
to move for dismissal, he is waiving the defect.

EXC: The court may dismiss the complaint motu propio:

(1) Section 3, Rule 17 (Plaintiff’s fault);
(2) When on its face, the complaint shows that the court has no
jurisdiction over the subject matter;
(3) When there is litis pendentia; or res adjudicata; or when the
action has prescribed;
(4) Under the Summary Rules, the court is empowered to dismiss
immediately without any motion.

Is dismissal with prejudice?

GR: YES. Dismissal due to the fault of the plaintiff is with prejudice.
 EXC: Unless the court provides otherwise.

Section 3 presupposes that the court acquired jurisdiction over the

subject matter of the case, and the parties in the previous case in order
that the dismissal be with prejudice

Rule 19
INTERVENTIO
N
SECTION 1. Who May Intervene. — A person who has a Define intervention—it is a proceeding in a suit by which a third person
legal interest in the matter in litigation, or in the success of with a legal interest therein is allowed, with leave of court, to make
either of the parties, or an interest against both, or is so himself a party thereto.
situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court An intervention cannot legally alter the nature of the action and the issues
or of an officer thereof may, with leave of court, be joined by the original parties.
allowed to intervene in the action. The court shall consider
whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original
parties, and whether or not the intervenor's rights may be
fully protected in a separate proceeding.
SECTION 2. Time to Intervene. — The motion to intervene TN: The motion to intervene may be filed at any time before rendition
may be filed at any time before rendition of judgment by of judgment by the trial court.
the trial court. A copy of the pleading-in-intervention
shall be attached to the motion and served on the original
parties.
 MODES OF DISCOVERY

Rule 23 Rule 24 Rule 25 Rule 26 Rule 27 Rule 28

Depositions Production or Physical and
Depositions Before Action Interrogatories to Admission by Inspection of Mental
Pending Action and Pending Parties Adverse Party Documents or Examination of
Appeal Things Persons
When At any stage of Before action or At any stage of the Anytime after the While the action is While the action is
taken the proceeding pending appeal trial issues had been pending pending
joined (after filing
of an answer)
Purpose The testimony of A person who Any party desiring To admit the (a) order any To submit a party
any person may desires to to elicit material genuineness – party to produce to a physical or
be taken by perpetuate his or and relevant facts • of any and permit the mental
deposition upon her own from any adverse material and inspection and examination by a
oral examination testimony or that parties. relevant copying or physician.
or written of another document photographing…
interrogatories. regarding any described in The mental physical
matter that may and (b) order any condition of a party
be cognizable exhibited party to permit must be in
before the courts. with the entry upon controversy (ex.:
request, or designated land Declaration of
or other property nullity of marriage
• of the truth of in his possession on the ground of
any material or control... psychological
and relevant incapacity)
matter of fact
set forth in the
request.
Directed Party/Non-party Party/Non-party Directed to the Directed to the Directed to the Directed to the
against adverse party. adverse party. adverse party. adverse party.
whom
If from a third
party or a party not
a party to the
action, the remedy
is a SUBPOENA.
What to file Motion for Petition to take Motion for Motion for Motion for Motion for mental
deposition upon Deposition upon Interrogatories to a Admission by production or physical
oral oral Party Adverse Party and inspection examination
examination/ examination/
written written
interrogatories interrogatories
How There is There is There is no There is no There is no There is no
conducted intervention of a intervention of a intervention of a intervention of a intervention of a intervention of a
deposition deposition deposition deposition deposition deposition
officer officer officer officer officer officer

Several Several Only one set of

questions are questions are interrogatories is
propounded; propounded; allowed; no
there is there is opportunity for
opportunity opportunity cross, redirect or
for cross, for cross, recross.
redirect redirect
and recross and recross
Effect of n/a n/a Unless thereafter The party will not n/a n/a
failure to allowed by the be permitted to
file and court for good present evidence of
serve cause shown and such facts unless
to prevent failure of allowed by the
justice, A party not court for good
served with cause shown.
written
interrogatories may
NOT be compelled
by the adverse party
to give testimony in
open court, or to
give
deposition pending
appeal.

Rule 33
DEMURRER TO EVIDENCE

SECTION 1. Demurrer to Evidence. — After the plaintiff SPECIFIC RELIEF SOUGHT

has completed the presentation of his or her evidence, the The specific relief sought is to dismiss the case on the ground that upon
defendant may move for dismissal on the ground that the evidence presented by the plaintiff, he is shown not to be entitled to
upon the facts and the law the plaintiff has shown no the relief sought. Based on the evidence presented, the evidence is
right to relief. If his or her motion is denied, he or she insufficient to entitle him to the relief sought.
shall have the right to present evidence. If the motion is
granted but on appeal the order of dismissal is reversed,
he or she shall be deemed to have waived the right to
present evidence.
SECTION 2. Action on Demurrer to Evidence. — A EMPHASIS SUPPLIED: The order denying the demurrer to evidence
demurrer to evidence shall be subject to the provisions of shall not be subject of an appeal or petition for certiorari, prohibition or
Rule 15. mandamus before judgment.
The order denying the demurrer to evidence shall not be
subject of an appeal or petition for certiorari, prohibition
or mandamus before judgment.

DEMURRER DEMURRER TO EVIDENCE IN CRIMINAL CASES

TO EVIDENCE IN
CIVIL CASES

EFFECT IF Defendant may proceed to present his evidence. The accused may adduce his evidence only if the demurrer
DENIED is filed with leave of court. He cannot present his evidence
if he filed the demurrer without leave of court.

EFFECT IF The order of dismissal is appealable. Order of dismissal/acquittal is not appealable because of
GRANTED the constitutional policy against double jeopardy.

LEAVE OF Defendant has no option to ask leave of court. He Option of leave of court is provided for Section 23, Rule 119
COURT may immediately file a demurrer

CONSEQUENCE In the event the order granting demurrer to If accused does not ask leave of court and immediately filed
evidence is appealed to the higher court, and the a demurrer to evidence is denied, he has deemed to have
appellate court that the evidence is sufficient to waived his right to present evidence. He will not be
prove the cause, defendant has deemed to have convicted because there will already be a finding that he
waived his right to present evidence committed the crime.
 Rule 34 vs Rule 35
JUDGMENT ON THE PLEADINGS SUMMARY JUDGMENT (35)
(34)
Answer fails to tender an issue Although the answer tenders an issue or there is a specific denial, the issue tendered is
(Sec. 5, 10, 11 of Rule 8) not genuine. The answer fails to tender a genuine issue.
• If did not specifically deny the • Append supporting affidavits, deposits, and other documents to convince the court
material allegations—will be that what was alleged in the answer is not true.
deemed admitted.

Only the claiming party can file the The motion may be filed by the claiming party or defending party.
motion
Filed by plaintiff/ motu proprio Can be filed by either the plaintiff or defending party (must append affidavit, deposition,
other supporting documents)
No need to append other affidavits,
depositions

It is based on pleadings alone It is based on pleadings, affidavits, depositions, and admissions [PADA]

Rule 36

Judgment is the final consideration and determination by a court of the rights of the parties as those rights presently exist, upon matters
submitted to it in an action or proceeding.
1. Requisites for a valid judgment
1.) the court rendering judgment must have jurisdiction over the subject matter;
2.) the court rendering judgment must have jurisdiction over the person of the defendant, and in case the defendant is a non-resident,
the court rendering judgment must have jurisdiction over the res;
3.) the court rendering judgment must have jurisdiction over the issues, that is, the judgment shall decide only the issues raised by the
parties in their pleadings;
4.) the court rendering judgment must be validly constituted court and the judge thereof, a judge de jure or de facto;
5.) the judgment must be rendered after lawful hearing, meaning that due process must be observed.

Formal Requisites
1.) The judgment shall be in writing;
2.) It shall be personally and directly prepared by the judge;
3.) It shall state clearly and distinctly the facts and the law on which it is based; and
4.) It shall be signed by the judge and
5.) Filed with the clerk of court.

2. Judgment upon compromise, immediately executory

A judgment rendered with the consent of the parties for the purpose of effecting a compromise or settlement of an action.
A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already
commenced.
A judgment upon a compromise entered by the court, not subscribed by the party sought to be bound by the compromise
agreement, and in the absence of a special authority to the lawyer to bind his client in the said agreement, is UNENFORCEABLE.

What are the legal effects of a judgment based upon a compromise agreement?
1.) The compromise judgment is not appealable and it is immediately executory.
2.) It cannot be annulled unless it is vitiated with error, deceit, violence or forgery of documents.
3.) It constitutes res adjudicata.

3. Entry of judgment
The date of finality of the judgment or final order shall be deemed to be the date of its entry. When
the judgment becomes final and executory, what are the effects?
1.) The prevailing party is entitled to have the judgment executed as a matter of right and the issuance of the corresponding writ of
execution becomes a ministerial duty of the court(Rule 39);
2.) The court rendering the judgment loses jurisdiction over the case so that it can no longer correct the judgment in substance, except
to make corrections of clerical errors and omissions plainly due to inadvertence or negligence.
EXC: The judgment for support, which can be modified at any time.
3.) Res adjudicata supervenes.
 RULE 37 RULE 38
Petition for relief from Petition for relief from
Motion for
Motion for New Trial judgment, order or denial of appeal
Reconsideration
proceedings
When to Within 60 days after the petitioner learns of the
file Within the period for taking an appeal (either 15 days or 30 days) judgment, final order, or other proceedings to be set
aside, AND not more than 6 months after such
judgment was entered or such proceeding was taken.

Grounds (a) Fraud, accident, mistake or (a) The damage awarded

excusable negligence are excessive; When a judgment or When a judgment or
✓ which ordinary prudence final order is entered, or final order is rendered
could not have guarded (b) The evidence is any proceeding is by a court in a case, and
against and insufficient to justify thereafter taken against a party thereto, by fraud,
✓ by reason of which such the decision or final a party in court through accident, mistake, or
aggrieved party has probably order; fraud, accident, mistake excusable negligence,
been impaired in his rights or excusable negligence. has prevented from
taking an appeal.
(b) Newly discovered evidence (c) The decision or final
✓ which could not, with order is contrary to
reasonable diligence, have law.
discovered and produced at
the trial, and
✓ which if presented would
probably alter the result.
Rule 39
EXECUTION, EFFECT, AND SATISFACTION OF JUDGEMENT

SECTION 1. Execution upon judgments or final orders.— It is ministerial duty of the court to issue writ of execution when the
Execution shall issue as a matter of right, on motion, upon a judgment is already final. Thus, the act may be compelled by mandamus.
judgment or order that disposes of the action or proceeding This is base on the principle of immutability of judgment.
upon the expiration of the period to appeal therefrom if no
appeal has been duly perfected.
SECTION 2. Discretionary execution.— What are the requisites for discretionary execution?

(a) Execution of a judgment or final order pending appeal.— 1. There must be motion filed by the prevailing party with notice to the
On motion of the prevailing party with notice to the adverse party;
adverse party filed in the trial court while it has jurisdiction
over the case and is in possession of either the original 2. There must be a hearing of the motion for discretionary execution;
record or the record on appeal, as the case may be, at the
3. The motion must be filed in the trial court while it has jurisdiction
time of the filing of such motion, said court may, in its
over the case and is in possession of either the original record or record
discretion, order execution of a judgment or final order
on appeal;
even before the expiration of the period to appeal.
4. There must be good reason to justify the discretionary;
After the trial court has lost jurisdiction, the motion for
execution pending appeal may be filed in the appellate court. 5. Good reason must be stated in a special order.

Discretionary execution may only issue upon good reasons

to be stated in a special order after due hearing.
Is frivolous appeal a good reason to grant a discretionary execution of
judgment?

No. Where the sole reason given by the trial court in allowing execution is
that the appeal is frivolous and dilatory, execution pending appeal
cannot be justified because the authority to disapprove an appeal
pertains to the appellate court.

Is posting of bond enough reason to grant execution pending

appeal?

No. The mere filing of a bond by the successful party is not in itself a good
reason for ordering execution pending appeal, because it is the
combination of circumstances which is the dominating reason that
would justify immediate execution, the bond only an additional factor.
SECTION 6. Execution by motion or by independent What is the lifetime of the writ of execution?
action.— A final and executory judgment or order may be
executed on motion within five (5) years from the date of The writ may be enforced within the five-year period from entry of
its entry. After the lapse of such time, and before it is barred judgment.
by the statute of limitations, a judgment may be enforced
by action. The revived judgment may also be enforced by
motion within five (5) years from the date of its entry and
thereafter by action before it is barred by the statute of
limitations

What are the judgments that are not stayed by appeal? How is execution effected if the obligee or judgment obligor dies?

SECTION 4. Judgments Not Stayed by Appeal. — In case of the death of the judgment obligee, upon the application of his
Judgments in actions for 1) injunction, 2) receivership, 3) executor or administrator, or successor in interest (Section 7[a], Rule 39).
accounting and 4) support, and such other judgments as
are now or may hereafter be declared to be immediately In case of the death of the judgment obligor, against his executor or
executory, shall be enforceable after their rendition and shall administrator or successor in interest, if the judgment be for the recovery
not be stayed by an appeal taken therefrom, unless of real or personal property, or the enforcement of a lien thereon (Section
otherwise ordered by the trial court. 7[b], Rule 39).

In case of the death of the judgment obligor, after execution is actually

levied upon any of his property, the same may be sold for the satisfaction

of the judgment obligation, and the officer making the sale shall account
to the corresponding executor or administrator for any surplus in his
hands (Section 7[c], Rule 39).
Execution of money judgment, simplified: TN: It is not proper for the sheriff to immediately levy the property of
the judgment debtor. He must first make a demand to pay. Only when
1. Sheriff will demand for payment. the judgment debtor does not pay, after demand that the sheriff is
authorized to levy the properties of the judgment debtor.
2. If judgment obligor cannot pay in cash, he shall choose
property to be levied and sold.

3. If judgment obligor does not choose, sheriff shall levy

personal property first, then real property.

4. Sheriff may also garnish credit and debts.

What is the procedure if the property of third party is What are the remedies of a third party in case his property is levied?
levied?
1. The third party can ask the court to quash writ of execution.
Under the Rules, a person not a party to the action, claiming
a property levied upon may execute an affidavit of his title 2. The third party can avail the remedy of terceria.
or right of possession over the property. The affidavit
3. The third party can file a separate action to nullify the levy.
shall be served upon the officer making a levy and a copy
thereof must also be served upon the judgment oblige
(Section 16, Rule 39). This remedy of the claiming party is
called TERCERIA.

EFFECT OF JUDGMENT OR FINAL ORDERS

1. By a Philippine court

Res judicata

1.) The judgment or order invoked as res adjudicata must be final;

2.) The court rendering the same must have jurisdiction over the subject matter and of the parties;

3.) The judgment or order must be upon the merits; and

4.) There must be, between the two cases, identity of parties, identity of subject matter, and identity of cause of action.

There is identity of parties for the purpose of res judicata:

1.) When the parties in the second action are the same as the parties in the first action; or

2.) When the parties in the second action are successors-in-interest of the parties in the first action, such as heirs or
purchasers who acquired title after the commencement of the first action.

The doctrine of res adjudicata applies not only to the decisions of regular courts but can be invoked even in administrative cases. It
also applies to decisions of administrative bodies.

Bar by a Former Judgment Conclusiveness of Judgment

1. absolute bar to all matters directly adjudged as well as 1. the first judgment is conclusive only on matters actually
matters that might have been adjudged
litigated and adjudged in the first action
2. there must be identity of parties, subject matter, and cause
of action 2. not necessary that there is identity of causes of action
2. By a Foreign court

Cannot be enforced by execution

Recognition of foreign judgment

Allow the losing party an opportunity to challenge it

(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the
parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a JNCFM

1. want of jurisdiction,

2. want of notice to the party,

3. collusion,

4. fraud, or

5. clear mistake of law or fact.