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I. GENERAL PRINCIPLES
A. CONCEPT OF LAW
The term law may be understood in two concepts:
(1) general or abstract sense (derecho), and
(2) specific or material sense (ley)

General Sense law has been defined as the science of moral rules, founded on the rational
nature of man, which govern his free activity, for the realization of the individual and social ends, of
a nature both demandable and reciprocal.

Briefly, it is the mass of obligatory rules established for the purpose of governing the relations of
persons in society.

Specific Sense law has been defined as a juridical proposition or an aggregate of juridical
propositions, promulgated and published by the competent organs of the State in accordance with
the Constitution.

B. CONCEPT OF REMEDIAL LAW

It is a branch of public law, which prescribes the procedural rules to be observed in litigations,
whether civil, criminal, or administrative, and in special proceedings, as well as the remedies or
reliefs available in each case.

C. SUBSTANTIVE LAW VIS--VIS REMEDIAL LAW

Substantive law
part of the law which creates, defines, and regulates rights concerning life, liberty or
property, or the powers of agencies or instrumentalities for the administration of public
affairs
creates vested rights
prospective in application
cannot be enacted by the Supreme Court

Remedial law
judicial process for enforcing rights and duties or obtaining redress for their invasion
does not create vested rights
retroactive in application
the Supreme Court is expressly empowered to promulgate procedural rules

D. SIGNIFICANCE OF REMEDIAL LAW

It plays a vital role in the administration of justice. It lies at the very core of procedural due process,
which means a law which hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial, and contemplates an opportunity to be heard before judgment is
rendered.

E. SOURCES OF REMEDIAL LAW

Constitution
Different laws creating the judiciary, defining and allocating jurisdiction to courts of different levels
Procedural laws and rules promulgated by the Supreme Court
Circulars
Administrative orders
Internal rules
Court decisions

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F. JUDICIAL POWER AND THE ROLE OF THE JUDICIARY

1. DEFINITION OF JUDICIAL POWER
Section 1, Art. VIII, 1987 Constitution
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

2. INDEPENDENCE OF THE JUDICIARY

Supreme Court as a Constitutional Body
(4 (1), Art. VIII, 1987 Constitution)
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence thereof.

Impeachment
(2, Art. XI, 1987 Constitution)
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of
the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.

Minimum original and appellate jurisdiction of the SC

(5, Art. VIII, 1987 Constitution)
Section 5. The Supreme Court shall have the following powers:
Orig (1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

App (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and

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shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Appellate jurisdiction of the SC may not be increased by law without its advice and
concurrence
(2 in rel. to 5 (2), Art. VIII, 1987 Constitution)
Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Administrative power of the SC over all lower courts and their personnel
Security of tenure of members of the Judiciary
(11, Art. VIII, 1987 Constitution)
Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during
good behavior until they reach the age of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

Rule-making Power of the SC

Limitations on the rule-making power of the SC (SUS)
1) the rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases
2) the rules must be uniform for all the courts of the same grade
3) the rules shall not diminish, increase or modify substantive rights

Power of the SC to amend and suspend procedural rules

The Supreme Court may suspend the application of the Rules of Court in the interest of just and
expeditious proceedings because the rules were precisely adopted with the primary objective of
enhancing fair trial and expeditious justice.

Grounds for suspension/amendment

1) When compelling reasons so warrant or when the purpose of justice requires it. What
constitutes and good and sufficient cause that would merit suspension of the rules is
discretionary upon courts.
2) To relieve a litigant of an injustice commensurate with his failure to comply with the
prescribed procedure and the mere invocation of substantial justice is not a magical
incantation that will automatically compel the Court to suspend procedural rules.
3) Where substantial and important issues await resolution.
4) When transcendental matters of life, liberty or state security are involved
5) The constitutional power of the Supreme Court to promulgate rules of practice and
procedure necessarily carries with it the power to overturn judicial precedents on
points of remedial law through the amendment of the Rules of Court

Reasons that would warrant the suspension of the Rules:

1) the existence of special or compelling circumstances
2) merits of the case

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3) cause not entirely attributable to the fault or negligence of the party favored by the
suspension of rules
4) a lack of any showing that the review sought is merely frivolous and dilatory
5) the other party will not be unjustly prejudiced thereby

3. CONCEPT OF JUSTICIABILITY
Justiciable Questions v Political Questions
Justiciable Question
calls upon the duty of the courts to settle actual controversies wherein there are rights
(property and personal rights) involved which are generally demandable and enforceable
one which is proper to be examined or decided in courts of justice because its determination
would not involve an encroachment upon the legislative or executive power

Political Question
one which, under the Constitution, is to be decided by the people in their sovereign capacity,
or in regard to which full discretionary authority has been delegated to the legislative or
executive branch of the government
concerned with issues dependent upon the wisdom, not the validity or legality, of a
particular measure or a contested act

Legal requisites for judicial inquiry:

1) that the question must be raised by the proper party;
2) that there must be an actual case or controversy;
3) that the question must be raised at the earliest possible opportunity; and,
4) that the decision on the constitutional or legal question must be necessary to the
determination of the case itself
But the most important are the first two requisites.

4. ROLE OF THE JUDICIARY

To settle actual controversies involving rights which are legally demandable and enforceable;
To determine whether there has been grave abuse of discretion amounting to lack or excess of
jurisdiction by any branch of the government

G. CONCEPT OF PHILIPPINE COURTS

1. MEANING OF A COURT
an organ of the government, belonging to the judicial department, whose function is the application
of laws to controversies brought before it and the public administration of justice

Constitutional Court v Statutory Court

Constitutional Court
created by the Constitution
cannot be abolished by Congress without amending the Constitution
eg. Supreme Court

Statutory Court
created by law
may be abolished by Congress by repealing the law which created those courts
eg. CTA

Note: The Sandiganbayan is a Constitutionally-mandated court but was created by a statute.

Classes
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1) Regular Courts
a. First Level (MTCs, MeTCs, MCTCs, MTCCs)
which try and decide
(1) criminal actions involving violations of city or municipal ordinances committed within
their respective territorial jurisdiction and offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine and regardless of other
imposable accessory or other penalties, and
(2) civil actions including ejectment, recovery of personal property with a value of not
more than P300,000 outside MM or does not exceed P400,000 in MM;

b. Second Level (RTCs, Family Courts)

courts of general jurisdiction; among the civil actions assigned to them by law are
those in which the subject of litigation is:
a. incapable of pecuniary estimation, or
b. involving title to or possession of real property where the assessed value of the
property exceeds P20,000 outside MM or exceeds P50,000 in MM, except actions for
ejectment (forcible entry and unlawful detainer), or
c. where the demand exclusive of interest, damages of whatever kind, attorneys fees,
litigation expenses, and cost, or the value of the personal property or controversy
exceeds P300,000 outside MM or exceeds P400,000 in MM.
RTCs also exercise appellate jurisdiction, to review cases appealed from courts of the
first level;

c. Third Level (Court of Appeals, Sandiganbayan)

CA is an appellate court, reviewing cases appealed to it from the RTC, on questions of
fact or mixed questions of fact and law.
Appeals to it decided by the RTC in the exercise of original jurisdiction are a matter of
right; appeals with respect to cases decided by the RTC in the exercise of its appellate
jurisdiction are a matter of discretion.
Occasionally, CA may act as a trial court, as in actions praying for the annulment of
final and executor judgments of RTCs on the ground of extrinsic fraud subsequently
discovered, against which no other remedies lies.

Sandiganbayan has jurisdiction over all criminal and civil cases involving graft and
corrupt practices act, and such other offenses committed by public officers and
employees including those in GOCCs in relation to their office. It also has exclusive
appellate jurisdiction over final judgments, resolutions, or orders of RTCs whether in
the exercise of their own original or appellate jurisdiction over criminal and civil cases
committed by public officers or employees including those in GOCCs in relation to
their office.

d. Fourth Level (Supreme Court)

2) Special Courts Sandiganbayan, CTA, Sharia District Courts, Sharia Circuit Courts

3) Quasi-courts or quasi-judicial agencies - CSC

Additional Classifications (not discussed but just in case)

1) Courts of Law and Equity (see below no. 3)
2) Courts of Original and Appellate Jurisdiction
a. Original courts in which actions or proceeding may be originally commenced
b. Appellate courts which have the power to review on appeal the decisions or orders of
the lower court
3) Courts of General and Special Jurisdiction

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a. General takes cognizance of all cases , civil or criminal, of a particular nature, or

courts whose judgment is conclusive until modified or reversed on direct attack, and who
are competent to decide on their own jurisdiction
b. Special/limited takes cognizance of special jurisdiction for a particular purpose, or are
clothed with special powers for the performance of specified duties, beyond which they
have no authority of any kind
4) Constitutional and Statutory Courts (see above)
5) Superior and Inferior Courts
a. Superior courts which have the power of review or supervision over another and lower
court
b. Inferior those which, in relation to another court, are lower in rank and subject to
review and supervision by the latter
6) Courts of Record and Not of Record
a. Courts of Record those whose proceedings are enrolled and which are bound to keep
a written record of all trials and proceedings handled by them
b. Courts Not of Record courts which are not required to keep a written record or
transcript of proceedings held therein

Note: One attribute of a court record is the strong presumption as to the veracity of its records that
cannot be collaterally attacked except for fraud. All Philippine courts, including inferior courts, are now
courts of record. (RA No. 6031)

2. COURT VIS--VIS A JUDGE

Court
entire body in which the judicial power is vested
may exist without a present judge
disqualification of a judge does not affect the court
office

Judge
only an officer or member of the court
there may be a judge without a court
may be disqualified
public officer

Notatu dignum
presumption of regularity in the performance of a judges functions, hence, bias,
prejudice and even undue interest cannot be presumed, especially weighed against a judges
sacred allegation under oath of office to administer justice without respect to any person
and do equal right to the poor and the rich.
Ponencia
the decision of the court

Ponente
the author of the decision

3. COURTS OF LAW V COURTS OF EQUITY

Courts of Law
any tribunal duly administering the laws of the land
decides a case according to what the promulgated law is

Courts of Equity

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any tribunal administering justice outside the law, being ethical rather than jural and
belonging to the sphere of morals rather than of law
grounded on the precepts of conscience and not on any sanction of positive law, for equity
finds no room for application where there is law
adjudicates a controversy according to the common precepts of what is right and
just without inquiring into the terms of the statutes

Note: Philippine courts are both courts of law and equity. Hence, both legal and equitable
jurisdiction is dispensed with in the same tribunal.

Liberal Construction Rule

(6, Rule 1)
Section 6. These Rules shall be liberally construed in order to promote their objective of ensuring
the just, speedy and inexpensive disposition of every action and proceeding

The cases should be determined on the merits in order to give the parties full
opportunity to ventilate their causes and defenses, rather than on technicalities
or procedural imperfections. In that way, the ends of justice would be served better.
Rules of procedure are mere tools designed to expedite the decision or resolution of cases
and other matters pending in court. A strict and rigid application of rules, resulting in
technicalities that tend to frustrate rather than promote substantial justice, must be
avoided.

4. HIERARCHY OF COURTS
Requires that lower courts initially decide a case before it is considered by a higher court
A higher court will not entertain direct resort to it unless the redress desired cannot be obtained in
the appropriate courts. The Supreme Court is a court of last resort and must so remain if it is to
satisfactorily perform assigned to it.
The doctrine of hierarchy of courts may be disregarded if warranted by the nature and
importance of the issues raised in the interest of speedy justice and to avoid future
litigations, or in cases of national interest and of serious implications. Under the principle of
liberal interpretations, for example, it may take cognizance of a petition for certiorari directly
filed before it.

5. DOCTRINE OF NON-INTERFERENCE/JUDICIAL STABILITY

Courts of equal and coordinate jurisdiction cannot interfere with each others orders.
Thus, the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by
another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-
equal court over which it has no appellate jurisdiction or power of review.
General Rule: No court has the authority to interfere by injunction with the judgment of another
court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a
judgment of another court.

Exception: The doctrine does not apply where a third party claimant is involved (Santos v. Bayhon,
G.R. No. 88643, July 23, 1991).

6. DOCTRINE OF JUDICIAL SUPREMACY

1) The doctrine recognizing that the judiciary is vested with the power to annul the acts of either the
legislative or the executive or of both when not conformable to the fundamental law.
2) The power of judicial review under the Constitution.

H. SYSTEM OF CODE PLEADINGS V COMMON LAW SYSTEM

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As the Common Law developed in England after the Norman Conquest in 1066, a plaintiff could
start a lawsuit only by obtaining a writ from the king or the king's chancellor. In time these writs
took on fixed forms and a plaintiff could obtain one only if the words of the claim fit one of the
established forms of action. There was no room for variation in the words of the plaintiff's
complaint or the defendant's response.
Common-law pleading had required reducing every case to one claim and one response. Since
grievances did not always fit into common-law forms, code pleading abandoned it. All the old
forms of action were abolished and the extreme formality of common-law pleading was
abandoned. Under Code pleading the plaintiff has only to make a statement of facts that, if
true, justify legal relief. The only requirement is that those facts fit the general pattern of some
established legal right and that they state a claim on which relief can be granted.

I. UNIFORM PROCEDURE IN TRIAL COURTS

(1, Rule 5)
The procedure in the MTCs shall be the same as in the RTCs, except:
a. where a particular provision expressly or impliedly applies only to either of said courts, or
b. in civil cases governed by the Rule on Summary Procedure

II. JURISDICTION
A. CONCEPT OF JURISDICTION
1. DEFINITION
power and authority of a court to try, hear, and decide a case and to carry its judgments into effect
Latin: juris and dico, which literally means I speak of the law.

2. JURISDICTION OVER THE SUBJECT MATTER

Concept
It is the power to deal with the general subject involved in the action, and means not simply
jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the
class of cases to which the particular case belongs.
It is the power or authority to hear and determine cases to which the proceeding in question
belongs.

Jurisdiction v Exercise of Jurisdiction

Jurisdiction is the authority to hear and decide cases.
Execrcise of jurisdiction is any act of the court pursuant to such authority, which includes
making decisions.

Error of Jurisdiction v Error of Judgment

Error of Jurisdiction
One where the court, officer or quasi-judicial body acts without or in excess of jurisdiction, or
with grave abuse of discretion
Renders a judgment void or at least voidable
Correctible by certiorari
There is an exercise of jurisdiction in the absence of jurisdiction

Error of Judgment
One that the court may commit in the exercise of jurisdiction; it includes errors of procedure
or mistakes in the courts findings
Does not make the courts decision void
Correctible by appeal

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The court acted with jurisdiction but committed procedural errors in the appreciation of the
facts or the law

How jurisdiction is conferred and determined

Jurisdiction over the subject matter is conferred by substantive law. Jurisdiction over the parties,
issues and res is governed by procedural laws.
Jurisdiction over the subject matter is determined by the allegations of the complaint and the
reliefs prayed for
It is not affected by the pleas set up by the defendant in the answer or in a motion to dismiss
Once attached to a court, it cannot be ousted by subsequent statute. Except if the statute
conferring new jurisdiction expressly provides for retroactive effect.
The filing of the complaint or appropriate initiatory pleading and the payment of prescribed
docket fee vests a trial court with jurisdiction over the subject matter or the nature of the
action.

Jurisdiction cannot be:

1) fixed by agreement of the parties
2) acquired through, or waived, enlarged or diminished, by any act or omission of the parties
3) conferred by the acquiescence of the court
4) subject to compromise

Doctrine of Primary Jurisdiction

Courts will not resolve a controversy involving a question which is within the jurisdiction of an
administrative tribunal, especially where the question demands the exercise of sound
administrative discretion requiring the special knowledge and experience of said tribunal in
determining technical and intricate matters of fact.

Principle of Adherence of Jurisdiction

General Rule: Jurisdiction, once attached, cannot be ousted by subsequent happenings or
events although of a character which would have prevented jurisdiction from attaching in the
first instance, and the court retains jurisdiction until it finally disposes of the case.
Exceptions:
1) Where a subsequent statute expressly prohibits the continued exercise of jurisdiction;
2) Where the law penalizing an act which is punishable is repealed by a subsequent law;
3) When accused is deprived of his constitutional right such as where the court fails to provide
counsel for the accused who is unable to obtain one and does not intelligently waive his
constitutional right;
4) Where the statute expressly provides, or is construed to the effect that it is intended to
operate as to actions pending before its enactment;
5) When the proceedings in the court acquiring jurisdiction is terminated, abandoned or
declared void;
6) Once appeal has been perfected;
7) Curative statutes

Objections to jurisdiction over the subject matter

When it appears from the pleadings or evidence on record that the court has no jurisdiction over
the subject matter, the court shall dismiss the same. (Sec. 1, Rule 9).
The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu
take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right
to determine its own jurisdiction.

General Rule: The prevailing rule is that jurisdiction over the subject matter may be raised at any
stage of the proceedings.
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Note: Jurisdiction can be questioned even for the first time on appeal (Herrera, Vol. I, p. 91, 2007
ed.)

Exceptions:
1) Estoppel by laches. SC barred a belated objection to jurisdiction that was raised only after an
adverse decision was rendered by the court against the party raising the issue of jurisdiction
and after seeking affirmative relief from the court and after participating in all stages of the
proceedings
2) Public policy One cannot question the jurisdiction which he invoked, not because the
decision is valid and conclusive as an adjudication, but because it cannot be tolerated by
reason of public policy
3) A party who invokes the jurisdiction of the court to secure affirmative relief against his
opponents cannot repudiate or question the same after failing to obtain such relief

Effect of estoppel on objections to jurisdiction

Estoppel does not apply to confer jurisdiction to a tribunal that has none over a cause of action.
Jurisdiction is conferred by law. Where there is none, no agreement of the parties can provide
one.

General Rule: The decision of a tribunal not vested with appropriate jurisdiction is null and void.
Exception:
Participation in all stages of the case before the trial court, that included invoking its
authority in asking for affirmative relief, effectively barred petitioner by estoppel from
challenging the courts jurisdiction.
The active participation of a party in a case is tantamount to recognition of that
courts jurisdiction and will bar a party from impugning the courts jurisdiction. This only
applies to exceptional circumstances.

3. JURISDICTION OVER THE PARTIES

How acquired
a. Plaintiff by filing the petition or complaint
b. Defendant by: i. Voluntary appearance
ii. Service of summons
iii. Other coercive process upon him

Note: Jurisdiction over the defendant is not essential in actions in rem or quasi in rem as long as
the court has jurisdiction over the res.

4. JURISDICTION OVER THE ISSUES

power of the court to try and decide issues raised in the pleadings of the parties
conferred and determined by:
1) Pleadings filed by the parties
2) Agreement in a pre-trial order or stipulation
3) Implied consent by the failure of a party to object to evidence on an issue not covered by the
pleadings in Rule 10, Sec. 5 (amendment to conform/authorize presentation of evidence)

5. JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION

jurisdiction over the property/thing subject of the litigation
acquired either by:
1) Seizure of property under legal process
2) As a result of the institution of legal proceedings, in which the power of the court is recognized
and made effective
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3) By placing the property or thing under its custody (custodia legis)

4) Through statutory authority conferring upon the court the power to deal with the property within
the courts territorial jurisdiction

6. POWER OF CONGRESS TO DEFINE, PRESCRIBE AND APPORTION THE JURISDICTION OF

COURTS; LIMITATIONS
Section 2, Article VIII, 1987 Constitution
Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section
5 hereof.

Which court has jurisdiction over the following?

1. Boundary dispute between municipalities
RTCs are courts of general jurisdiction. Since there is no legal provision specifically governing
jurisdiction over boundary disputes between a municipality and an independent component city of
the same province, it follows that RTCs have the power and authority to hear and determine such
controversy (Municipality of Kananga v. Madrona, G.R. No. 141375, Apr. 30, 2003).

2. Expropriation
It is within the jurisdiction of the RTC because it is incapable of pecuniary estimation. It does not
involve the recovery of sum of money. Rather, it deals with the exercise by the government of its
authority and right to take property for public use.

3. Labor dispute
An action for damages for abuse of right as an incident to dismissal is within the exclusive
jurisdiction of the labor arbiter. But the labor arbiter has no jurisdiction for claims of damages based
on quasi-delict which has no reasonable connection with the employer-employee relations claims
under the Labor Code (Ocheda v. CA, G.R. No. 85517, Oct. 16, 1992).

Note: Where no employer-employee relationship exists between the parties and no issue involved
may be resolved by reference to the Labor Code, other labor statutes or any collective bargaining
agreement, it is the regular courts that has jurisdiction (Jaguar Security Investigation Agency v.
Sales, G.R. No. 162420, Apr. 22, 2008).

4. Forcible entry and unlawful detainer

The MTC has exclusive original jurisdiction. In such cases, when the defendant raises the question
of ownership in his pleadings and the question of possession cannot be resolved without deciding
the question of ownership, the issue of ownership shall be resolved only to determine the issue of
possession. All ejectment cases are covered by the Rule on Summary Procedure and are within the
jurisdiction of the inferior courts regardless of whether they involve questions of ownership.

The courts in ejectment cases may determine questions of ownership whenever necessary to
decide the question of possession (Gayoso v. Twenty-Two Realty Development Corp., G.R. No.
147874, July 17, 2006; Santiago v. Pilar Development Corp., G.R. No. 153628, July 20, 2006).

5. Authority to conduct administrative investigations over local elective officials and to

impose preventive suspension over elective provincial or city officials
It is entrusted to the Secretary of Local Government and concurrent with the Ombudsman upon
enactment of R.A. 6770. There is nothing in the Local Government Code of 1991 to indicate that it

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has repealed, whether expressly or impliedly, the pertinent provisions of the Ombudsman Act
(Hagad v. Dadole, G.R. No. 108072, Dec. 12, 1995).

6. Appeals involving orders arising from administrative disciplinary cases originating

from the Office of the Ombudsman
It may be appealed to the Supreme Court by filing a petition for certiorari within 10 days from
receipt of the written notice of the order, directive or decision or denial of the motion for
reconsideration in accordance with Rule 45 of the Rules of Court (Sec. 27, R.A. 6770).

7. Public school teachers

Generally, the Ombudsman must yield to the Division School Superintendent in the investigation of
administrative charges against public school teachers (Ombudsman v. Galicia, G.R. No. 167711,
Oct. 10, 2008).

8. Enforcement of a money claim against a local government unit

Commission on Audit (COA) has the primary jurisdiction to pass upon the money claim. It is within
the COA's domain to pass upon money claims against the government or any subdivision thereof as
provided for under Section 26 of the Government Auditing Code of the Philippines. Courts may raise
the issue of primary jurisdiction sua sponte (on its own will or motion; means to act spontaneously
without prompting from another party) and its invocation cannot be waived by the failure of the
parties to argue it as the doctrine exists for the proper distribution of power between judicial and
administrative bodies and not for the convenience of the parties (Euro-Med Laboratories, Phil., Inc.
v. Province of Batangas, G.R. No. 148106, July 17, 2006).

7. KINDS OF JURISDICTION
Original v Appellate Jurisdiction
1) A court is one with original jurisdiction when actions or proceedings are originally filed with
it. A court is one with appellate jurisdiction when it has the power of review over the decisions
or orders of a lower court
2) MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate jurisdiction. RTC
is likewise a court of original jurisdiction with respect to cases originally filed with it; and
appellate court with respect to cases decided by MTCs within its territorial jurisdiction. (Sec. 22,
BP 129)
3) CA is primarily a court of appellate jurisdiction with competence to review judgments of the
RTCs and specified quasi-judicial agencies (Sec. 9[3], BP 129). It is also a court of original
jurisdiction with respect to cases filed before it involving issuance of writs of certiorari,
mandamus, quo warranto, habeas corpus, and prohibition. CA is a court of original and exclusive
jurisdiction over actions for annulment of judgments of RTCs (Sec. 9 [1],[2], BP 129).
4) The SC is fundamentally a court of appellate jurisdiction but it may also be a court of original
jurisdiction over cases affecting ambassadors, public ministers and consuls, and in cases
involving petitions for certiorari, prohibition and mandamus (Sec. 5[1], Art. VIII, Constitution).
The Supreme Court en banc is not an appellate court to which decisions or resolutions of a
division of the Supreme Court may be appealed.

Exclusive v Concurrent Jurisdiction

Exclusive jurisdiction exists where one court has the power to adjudicate a case to the
exclusion of all other courts.
It is the opposite situation from concurrent jurisdiction, in which more than one court may
take jurisdiction over the case.

Original Exclusive v Original Concurrent Jurisdiction

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General v Special Jurisdiction

1) Courts of general jurisdiction are those with competence to decide on their own
jurisdiction and to take cognizance of all cases, civil and criminal, of a particular nature.
2) Courts of special (limited) jurisdiction are those which have only a special jurisdiction
for a particular purpose or are clothed with special powers for the performance of specified
duties beyond which they have no authority of any kind.

A court may also be considered general if it has the competence to exercise jurisdiction over
cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial
or quasi-judicial functions. It is in the context that the RTC is considered a court of general
jurisdiction.

B. HEIRARCHY OF COURTS
1. SUPREME COURT
En Banc v Division cases
When the Supreme Court sits en banc, it means that all the 15 justices participate in the resolution
of a case. The tribunal may decide cases en banc or, in its discretion, in division of three, five or
seven members. However, decision by the SC en banc is required by the Constitution for
the following:
a. All cases involving the constitutionality of a treaty, international or executive agreement, or law;
b. Cases involving the constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions, ordinances and other regulations;
c. A case where the required number of votes in a division is not obtained;
d. A doctrine or principle laid down in a decision rendered en banc or by division is modified, or
reversed;
e. Cases where the court exercises its power to discipline judges of the lower courts or order their
dismissal; and
f. Contests relating to the election, returns, and qualifications of the President or Vice President.
g. All other cases required to be heard en banc under the Rules of Court (Sec. 5, Art. VIII, 1987
Constitution).

Original
1, Rule 56
Only petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, disciplinary
proceedings against members of the judiciary and attorneys, and cases affecting ambassadors,
other public ministers and consuls may be filed originally in the Supreme Court.

Exclusive
Petitions for issuance of writs of certiorari, prohibition and mandamus against the
following:
1. Court of Appeals
2. Commission on Elections En Banc
3. Commission on Audit
4. Sandiganbayan

Concurrent
A. Court of Appeals
1. Petitions for issuance of writs of certiorari, prohibition and mandamus against
the following:
a. NLRC under the Labor Code.
Note: The petitions must first be filed with the CA, otherwise, they shall be
dismissed.
b. Civil Service Commission
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c. Quasi-judicial agencies (file with the CA first)

d. RTC and lower courts;

2. Petitions for issuance of writ of kalikasan (Sec. 3, Rule 7, A.M. No. 09-6-8-SC).

B. CA and RTC
1. Petitions for habeas corpus and quo warranto; and
2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower
courts or other bodies

C. CA, Sandiganbayan and RTC

1. Petitions for the issuance of writ of amparo
2. Petition for writ of habeas data, where the action involves public data or government
office

D. RTC
Actions affecting ambassadors and other public ministers and consuls.

Appellate
1. Appeal by petition for review on certiorari:
a. Appeals from the CA;
b. Appeals from the CTA;
c. Appeals from RTC exercising original jurisdiction in the following cases:
i. If no question of fact is involved and the case involves:
a) Constitutionality or validity of treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance or regulation
b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto
c) Cases in which jurisdiction of lower court is in issue
ii. All cases in which only errors or questions of law are involved.

2. Special civil action of certiorari filed within 30 days against the COMELEC / COA

2. COURT OF APPEALS
Original
Original jurisdiction to issue writs of certiorari, prohibition, mandamus, habeas corpus, quo warranto
and auxiliary writs and processes
Exclusive
Actions for annulment of judgments of RTC based upon extrinsic fraud or lack of jurisdiction
(Sec. 9 B.P. 129).

Concurrent
A. Supreme Court
1. Petitions for issuance of writs of certiorari, prohibition and mandamus against
the following:
a. NLRC under the Labor Code.
b. Civil Service Commission
c. Quasi-judicial agencies
d. RTCs and other lower courts.

2. Petitions for issuance of writ of kalikasan (Sec. 3, Rule 7, A.M. No. 09-6-8-SC).

B. SC and RTC
1. Petitions for habeas corpus and quo warranto; and
2. Petitions for the issuance of writs of certiorari, prohibition and mandamus against the
lower courts
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C. SC, Sandiganbayan and RTC

1. Petitions for the issuance of writ of amparo
2. Petition for writ of habeas data, where the action involves public data or government
office

Appellate
1. Final judgments, decisions, resolutions, orders, awards of:
a. RTC
i. In the exercise of its original jurisdiction;
ii. In the exercise of its appellate jurisdiction;
b. Family Courts;
c. RTC on the questions of constitutionality, validity of tax, jurisdiction involving questions of
fact, which should be appealed first to the CA;
d. Appeals from RTC in cases appealed from MTCs which are not a matter of right. 2. Appeal
from MTC in the exercise of its delegated jurisdiction (R.A. 7691).
3. Appeals from Civil Service Commission;
4. Appeals from quasi-judicial agencies under Rule 43;
5. Appeals from the National Commission on Indigenous Peoples (NCIP); and
6. Appeals from the Office of the Ombudsman in administrative disciplinary cases (Mendoza-Arce
v. Office of the Ombudsman, G.R. No. 149148, Apr. 5, 2002).

3. SANDIGANBAYAN
Original
Exclusive
A. Civil Cases
Cases involving violations of:
a. EO No. 1 (Creating the PCGG);
b. EO No. 2 (Illegal Acquisition and Misappropriations of Ferdinand Marcos, Imelda Marcos
their close relatives, subordinates, business associates, dummies, agents or nominees);
c. EO No. 14 [Cases involving the ill-gotten wealth of the immediately mentioned persons
(Marcos and dummies)]; and
d. EO No. 14-A (amendments to EO No. 14) (Sec. 2, R.A. 7975 as amended by R.A. 8294).

B. Criminal Cases
1. Violation of R.A. 3019 (Anti-Graft and Corrupt Practices Act) where one or more of the
accused are officials occupying the following positions in the government, whether in
permanent. Acting or interim capacity, at the time of the commission of the offense:
a. Officials occupying a position classified as Grade 27 or higher of the
Compensation and Position Classification Act of 1989 (R.A. 6758) in the:
i. Executive branch including those occupying the position of regional
director; and
ii. All other national or local officials.
b. Members of Congress
c. Members of the judiciary without prejudice to the Constitution; and
d. Chairmen and members of the Constitutional Commissions without prejudice to
the Constitution.
2. Felonies or offenses, whether simple or complexed with other crimes committed by the
public officials and employees above mentioned in relation to their office; and 3. Cases
filed pursuant to EO Nos. 1, 2, 14 and 14-A (Sec. 2, R.A. 7975 as amended by R.A. 8249).

Concurrent
A. Supreme Court

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Petitions for certiorari, prohibition, mandamus, habeas corpus, injunction and other
ancillary writs in aid of its appellate jurisdiction, including quo warranto arising in cases
falling under Executive Order Nos. 1, 2, 14 and 14-A.

B. SC, CA and RTC

Petitions for the issuance of writ of amparo and writ of habeas data.

Appellate
Criminal Cases
Appeals from final judgments, resolutions or orders of the RTC, whether in the exercise of their
original or appellate jurisdiction, in cases involving public officials or employees not otherwise
mentioned in the preceding enumeration.

4. REGIONAL TRIAL COURT

Original
In Civil Cases
Exclusive
1. Actions in which the subject of litigation is incapable of pecuniary estimation;
2. Actions involving title to or possession of real property or any interest therein
where the assessed value exceeds P20,000 or P50,000 in Metro Manila, except
forcible entry and unlawful detainer;
3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds
P300,000 or P400,000 in Metro Manila;
4. Matters of probate, testate or intestate, where gross value of estate exceeds
P300,000 or P400,000 in Metro Manila;
5. Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial function;
6. Civil actions and special proceedings falling within exclusive original jurisdiction of
Juvenile and Domestic Relations Court and Court of Agrarian Reforms;
7. Other cases where the demand, exclusive of interest, damages, attorneys fees,
litigation expenses and costs, or value of property in controversy exceeds
P300,000 or P400,000 in Metro Manila (Sec. 19, BP 129 as amended by R.A.
7691); and
8. Intra-corporate controversies under Sec. 5.2 of the Securities and Regulation
Code.

Concurrent
A. SC, Sandiganbayan and CA
1. Writ of amparo
2. Writ of habeas data

B. Supreme Court
Actions affecting ambassadors and other public ministers and consuls [Sec. 21 (2)
of BP 129]

C. SC and CA
1. Certiorari, prohibition and mandamus against lower courts and bodies;
2. Habeas corpus and quo warranto;

D. MTC
Cases involving enforcement or violations of environmental and other related
laws, rules and regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC).

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In Criminal Cases
Exclusive
1. Criminal cases not within exclusive jurisdiction of any court, tribunal or body (Sec.
20, BP 129).
a. Includes criminal cases where the penalty provided by law exceeds 6 years
imprisonment irrespective of the fine (R.A. 7691).
b. Includes criminal cases not falling within the exclusive original jurisdiction of
the Sandiganbayan where the imposable penalty is imprisonment more than 6
years and none of the accused is occupying positions classified as Grade 27
and higher (Sec. 4, P.D. 1606 as amended by R.A. 8249).
2. Cases where the only penalty provided by law is a fine exceeding P4,000;
3. Other laws which specifically lodge jurisdiction in the RTC:
a. Law on written defamation or libel;
b. Decree on Intellectual Property;
c. Violations of Dangerous Drugs Act regardless of the imposable penalty except
when the offender is under 16 and there are Juvenile and Domestic Relations
Court in the province.
4. Cases falling under the Family Courts in areas where there are no Family Courts
(Sec.24, B.P. 129).
5. Election offenses (Omnibus election code) even if committed by an official with
salary grade of 27 or higher

Appellate
General Rule: All cases decided by lower courts (MTC etc.) in their respective
territorial jurisdictions.
Exception: Decisions of lower courts in the exercise of delegated jurisdiction.
Note: SC may designate certain branches of RTC to try exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases not falling within the jurisdiction
of any quasi-judicial body and other special cases in the interest of justice (Sec. 23, BP 129).

5. METC/MTC/MCTC/MTCC
Original
Civil Cases
Exclusive
1. Actions involving personal property where the value of the property does not
exceed P300,000 or, in Metro Manila P400,000;
2. Actions for claim of money where the demand does not exceed P300,000 or, in
Metro Manila P400,000;
3. Probate proceedings, testate or intestate, where the value of the estate does not
exceed P300,000 or, in Metro Manila P400,000;
Note: In the foregoing, claim must be exclusive of interest, damages, attorneys
fees, litigation expense, and costs.
4. Actions involving title to or possession of real property or any interest therein
where the value or amount does not exceed P20,000 or, in Metro Manila P50,000
exclusive of interest damages, attorneys fees, litigation expense, and costs;
5. Maritime claims where the demand or claim does not exceed P300,000 or, in
Metro Manila P400,000;
6. Inclusion or exclusion of voters;
7. Those covered by the Rules on Summary Procedure:
a. Forcible entry and unlawful detainer;
b. Other civil cases except probate where the total amount of the plaintiffs
claims does not exceed P100,000 or, in Metro Manila P200,000 exclusive
interest and costs (as amended by A.M. No. 02-11-09-SC).

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8. Those covered by the Rules on Small Claims, i.e. actions for payment of money
where the claim does not exceed P100,000 exclusive of interest and costs.

Delegated
Cadastral or land registration cases covering lots where:
a. There is no controversy or opposition;
b. Contested but the value does not exceed P100,000

Note: The value shall be ascertained by the affidavit of the claimant or agreement of
the respective claimants.

Special
Petition for habeas corpus in the absence of all RTC judges in the province or city.

6. COURTS IN MUSLIM MINDANAO

Shariah Appellate Court
You can appeal decisions of the Sharia Circuit Court to the Sharia District Court. Decisions of the
Sharia District Court can be appealed to the Supreme Court on questions of law or for abuse of
discretion committed by the Judge of the Sharia District Court.

Shariah District Courts

1. Those which fall within the original jurisdiction of Sharia District Courts
(Article 143, CMPL):
a. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the
Code of Muslim Personal Laws;
b. All cases involving disposition, distribution and settlement of estate of deceased Muslims,
probate of wills, issuance of letters of administration or appointment of administrators or
executors regardless of the nature or aggregate value of the property;
c. Petitions for the declaration of absence and death for the cancellation or correction of
entries in the Muslim Registries mentioned in Title VI, Book Two of the Code of Muslim
Personal Laws;
d. All actions arising from the customary contracts in which the parties are Muslims, if they
have not specified which law shall govern their relations; and
e. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other
auxiliary writs and processes in aid of its appellate jurisdiction.
2. Those which fall within its concurrent jurisdiction with existing civil courts such as:
a. Petitions by Muslim for the constitution of a family home, change of name and commitment
of an insane person to an asylum;
b. All other personal and legal actions not mentioned in paragraph 1 (d) wherein the parties
involved are Muslims except those for forcible entry and unlawful detainer, which shall fall
under the exclusive jurisdiction of the Municipal Circuit Court; and
c. All special civic actions for interpleader or declaratory relief wherein the parties are Muslims
or the property involved belongs exclusively to Muslims

Shariah Circuit Courts

Sharia Circuit Courts are courts where Muslims can file cases involving the following:
1. Offenses defined and punished under PD 1083
2. Disputes relating to:
marriage
divorce
betrothal or breach of contract to marry
customary dower (mahr)

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disposition and distribution of property upon divorce

maintenance and support and consolatory gifts (muta)
restitution of marital rights
3. Disputes relative to communal properties.

Agama Arbitration Council

The Sharia District Court or the Sharia Circuit Court may constitute an Agama Arbitration Council
to settle certain cases amicably and without formal trial. The Council is composed of the Clerk of
Court as Chairperson and a representative of each of the conflicting parties.

Cases which can be heard by the Agama Arbitration Council

1. Dispute brought about by wifes exercise of tafwid (when a husband has delegated to the
wife the right to effect a divorce at the time of the celebration of the marriage or thereafter)
2. Dispute brought about by husbands exercise of talaq (when divorce is effected by the
husband in a single repudiation of his wife during her nonmenstrual period within which he
has totally abstained from carnal relation with her)
3. Dispute brought about by husbands intention to contract a subsequent marriage and the
wife objects
4. Dispute arising from husbands refusal to give consent to wifes exercise of profession or
occupation or engagement in lawful business
5. Dispute brought about by a commission of an offense against customary law which can be
settled without formal trial.

7. OTHER SPECIAL COURTS

Family Courts
Commercial Courts
Environmental Courts
Drugs Courts
Intellectual Property Courts
Maritime Courts

SMALL CLAIMS CASES (AM No. 08-8-7-SC)

Civil claims which are exclusively for the payment or reimbursement of a sum of money not exceeding
P100,000 exclusive of interest and costs, either:
1. Purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money, or
2. The civil aspect of criminal actions, either filed before the institution of the criminal action, or
reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of
Criminal Procedure.

These claims or demands may be:

1. For money owed under any of the following:
a. Contract of Lease
b. Contract of Loan
c. Contract of Services
d. Contract of Sale
e. Contract of Mortgage
2. For damages arising from any of the following:
a. Fault or negligence
b. Quasi-contract
c. Contract

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3. The enforcement of a barangay amicable settlement or an arbitration award involving a

money claim covered by this Rule pursuant to Sec. 417

Prohibited pleadings for small claims cases

1. Motion to dismiss the complaint
2. Motion for bill of particulars
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits, or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court
8. Motion to declare defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third-party complaints
12. Interventions
PROCEDURE:
1. Commencement of small claims action
> A small claims action is commenced by filing with the court an accomplished and verified
Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum
Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2)
duly certified photocopies of the actionable document/s subject of the claim, as well as the
affidavits of witnesses and other evidence to support the claim No evidence shall be allowed during
the hearing which was not attached to or submitted together with the Statement of Claim, unless
good cause is shown for the admission of additional evidence.

The plaintiff must state in the Statement of Claim if he/she/it is engaged in the business of lending,
banking and similar activities, and the number of small claims cases filed within the calendar year
regardless of judicial station.

No formal pleading, other than the Statement of Claim/s described in this Rule, is necessary to
initiate a small claims action.

2. Joinder of claims
> provided that the total amount claimed, exclusive of interest and costs does not exceed
P100,000.00

3. Submission of affidavits
> based on direct personal knowledge

4. Payment of filing fees

> unless allowed to file as an indigent
> if motion is denied to file as indigent, plaintiff will be given 5 days within which to pay the
docket fees, otherwise the case shall be dismissed without prejudice
> no exemption from payment of P1k fee for service of summons and processes in civil cases
(even if declared as an indigent)
Note: The court may dismiss case outright upon examination of the allegations and evidence.

5. Service of Summons and Notice of Hearing to defendant

> Notice of hearing shall contain an express prohibition of any of the prohibited pleadings under
Sec. 14

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> includes Response form to be accomplished by the defendant

6. Response
> must be submitted within 10 days (no extensions) from receipt of summons
Note: Failure to file a response would allow the court to render judgment on the same day as
may be warranted by the facts.
Failure to file but defendant appeared on hearing: court shall ascertain what defense he has to
offer and proceed to hear, mediate, and adjudicate the case on the same day as if a Reponse
has been filed.

7. Counterclaim
If defendant possesses a claim against plaintiff that:
a. is within the coverage of this rule exclusive of interest and costs;
b. arises from the same transaction or event that is the subject matter of the plaintiffs claim;
c. does not require for its adjudication the joinder of third parties; and
d. is not the subject of another pending action
Note: If not filed as a counterclaim in the Response, defendant shall be barred from suit on the
counterclaim.
Defendant may also file a counterclaim against plaintiff not arising out of the same transaction
provided that the amount and nature are within the coverage of small claims cases and the
docket and other legal fees are paid.

8. Appearance
> must be personal; if through rep, there must be a valid cause
> rep must not be a lawyer, must be related to or next of kin of the party, and must have a SPA to
enter into an amicable Settlement of the Dispute
> juridical entities shall not be represented by a lawyer in any capacity

Note:
Failure to appear by plaintiff: dismissal without prejudice.
Defendant appears, he is entitled to judgment on a permissive counterclaim.
Defendant fails to appear: judgment on evidence presented
Only one of two or more defendants fail to appear: if sued under a common cause of
action and pleaded a common defense: rule of dismissal not applicable
Failure of both parties to appear: dismissal of claim and counterclaim with prejudice

9. Hearing
> judge shall exert efforts to bring the parties to an amicable settlement
> settlements must be reduced in writing and signed by the parties
> settlement discussions shall be strictly confidential
Note: If settlement is not reached, hearing shall proceed in an informal and expenditious
manner and shall be terminated within one day
Reassignment: Referral by original judge > new judge shall hear and decide the case within 5
working days from receipt of the order of reassignment

10. Decision
> rendered within the same day of hearing (within 24 hours)
> final, executory and unappealable

11. Execution
> when the decision is rendered, execution shall issue upon motion of the winning party

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SUMMARY PROCEDURE
1. All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid
rentals sought to be recovered. Where attorneys fees are awarded, the same shall not exceed
P20,000; and
2. All other civil cases, except probate proceedings, where the total amount of plaintiffs claim does
not exceed P100,000 or does not exceed P200,000 in Metro Manila, exclusive of interests and costs
(A.M. No. 02-11-09-SC, Nov. 25, 2005).

Criminal cases
1. Violations of traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. Violations of B.P. 22 or the Bouncing Checks Law (A.M. No. 00-11-01-SC, Apr. 15, 2003);
5. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or a fine of
P 1,000 irrespective of other penalties or civil liabilities arising therefrom; and
6. Offenses involving damage to property through criminal negligence where the imposable fine is not
exceeding P10,000.

Note: This Rule shall not apply to a civil case where the plaintiff's cause of action is pleaded in the
same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case
where the offense charged is necessarily related to another criminal case subject to the ordinary
procedure.

Prohibited pleadings for summary procedure

1. Motion to dismiss the complaint or to quash the complaint or information except on the ground of
lack of jurisdiction over the subject matter, or failure to comply with the preceding section;
2. Motion for a bill of particulars
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court
8. Motion to declare the defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third-party complaints
12. Interventions

PROCEDURE
1. Filing of civil or criminal action

2. Determination of applicability
> the court shall issue an order declaring whether or not the case shall be governed by the rules
on summary procedure

3. Service of summons
> court may examine allegations and evidence attached and may dismiss outright if any of the
grounds for dismissal of a civil action

4. Answer
> within 10 days from service of summons, defendant files his answer and serve a copy to the
plaintiff

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> affirmative and negative defenses not included shall be deemed waived except lack of
jurisdiction over the subject matter
> cross-claims and compulsory counterclaims not asserted shall be considered barred
> answer to counterclaim or cross-claim shall be filed within 10 days from service of the answer
in which they are pleaded

Note: Failure to answer : the court may motu proprio or on motion of the plaintiff, render judgment
as may be warranted by the facts alleged in the complaint (award limited to what is prayed for).
The court may reduce the amount of damages or attorneys fees if excessive or unconscionable
(without prejudice to applicability of Sec 4, Rule 18)
5. Preliminary conference
> not later than 30 days after the last answer is filed
> rules on pre-trial shall be applicable
Note:
Failure of appearance by plaintiff: cause of dismissal of complaint
Appearance by defendant despite plaintiffs absence: he shall be entitled to judgment on his
counterclaim (subject to Sec 6 see no. 4)
Sole defendant failed to appear: plaintiff shall be entitled to judgment (subject to Sec 6 parin)
Rule shall not apply where one of 2 or more defendants sued under a common cause of action who
had pleaded a common defense shall appear at the preliminary conference.

6. Record of preliminary conference

> within 5 days after the termination of the prelim conference
> court shall issue an order stating the matters taken up including:
a. if there is an amicable settlement and its terms
b. the stipulations and admissions of the parties
c. whether judgment may be rendered based on the stipulations and admissions without the
need for further proceedings (if yes, court may render judgment within 30 days from the
issuance of order)
d. clear specification of material facts which remain controverted
e. other matters intended to expedite the disposition of the case

7. Submission of affidavits and position papers

> within 10 days from receipt of the order
> parties shall submit the affidavit of their witnesses and other evidence on the factual issues
defined in the order + position papers setting forth the law and the facts relied upon by them

8. Rendition of judgment
> within 30 days after receipt of the last affidavits and position papers or the expiration period of
filing
> if the court finds it necessary to clarify certain material facts, it may issue an order specifying
the matters to be clarified and require the parties to submit other affidavits or evidence

Order for clarification:

> additional affidavits/evidence required shall be submitted within 10 days from receipt of said
order
> judgment will be rendered within 15 days after the receipt of the last clarificatory affidavits or
the expiration of the period for filing

Note: The court shall not resort to clarificatory procedure to gain time for the rendition of the
judgment.

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III. ORDINARY CIVIL ACTIONS

A. GENERAL PROVISIONS
1. TITLE OF THE RULES
2. APPLICABILITY AND EXCEPTIONS
Applicability: these Rules shall apply in all the courts, except as otherwise provided by the
Supreme Court
Exceptions: these Rules shall not apply to:
a. election cases
b. land registration
c. cadastral
d. naturalization
e. insolvency proceedings
f. other cases not provided for except by analogy or in a suppletory character
3. DEFINITIONS
Civil Action
One by which a party sues another for the enforcement or protection of a right, or the prevention or
redress of a wrong.

Ordinary Civil Actions

Formal demand of ones legal rights in a court of justice in the manner prescribed by the
court or by law.
Governed by ordinary rules.

Provisional Remedies
1. Preliminary attachment
2. Preliminary injunction
3. Receivership
4. Replevin
5. Support pendente lite

Special Civil Actions

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.
1. Interpleader
2. Declaratory relief and similar remedies
3. Review of judgments and final orders or resolutions of the COMELEC and COA
4. Certiorari, prohibition, mandamus
5. Quo warranto
6. Expropriation
7. Foreclosure of Real Estate Mortgage
8. Partition
9. Forcible entry and unlawful detainer
[Link]

Criminal Action
One by which the State prosecutes a person for an act or omission punishable by law.

Special Proceedings
Remedy by which a party seeks establish a status, a right, or a particular fact.

Civil Action v Special Proceeding

Civil Action
Where a party litigant seeks to recover property from another, his remedy is to file an action.
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To protect a right and prevent or redress a wrong.

Involves a right and a violation of such right.
Special Proceedings
Where his purpose is to seek the appointment of a guardian for an insane person, his
remedy is a special proceeding to establish the fact or status of insanity calling for an
appointment of guardianship.
To establish a status, a right or a particular fact.
may involve a right but there need not be a violation of this right
Specific kinds of special proceedings are found in rule 72 rule 109
B. INCEPTION OF AN ACTION
1. PRELIMINARY
Commencement of action
A civil action is commenced by the filing of the original complaint in court.
If an additional defendant is impleaded in a later pleading, the action is commenced with regard
to him on the date of the filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court. (5, Rule 1)
Manchester Doctrine
In Manchester v. Court of Appeals, it was held that a court acquires jurisdiction over
any case only upon the payment of the prescribed docket fee.
The strict application of this rule was, however, relaxed two (2) years after in the case of
Sun Insurance Office, Ltd. v. Asuncion, wherein the Court decreed that where the
initiatory pleading is not accompanied by the payment of the docket fee, the court may
allow payment of the fee within a reasonable period of time, but in no case beyond the
applicable prescriptive or reglementary period. This ruling was made on the premise that
the plaintiff had demonstrated his willingness to abide by the rules by paying the
additional docket fees required.
Thus, in the more recent case of United Overseas Bank v. Ros, the Court explained
that where the party does not deliberately intend to defraud the court in payment of
docket fees, and manifests its willingness to abide by the rules by paying additional
docket fees when required by the court, the liberal doctrine enunciated in Sun Insurance
Office, Ltd., and not the strict regulations set in Manchester, will apply.

Significance of commencement of action

Ordinary Civil Action vis--vis Cause of Action

Cause of action v Right of cause of action
Cause of Action
It is the act or omission by which a party violates the rights of another ( Sec. 2, Rule
2)
Requisites:
1. The existence of a legal right of the plaintiff
2. A correlative duty of the defendant to respect ones right
3. An act or omission of the defendant in violation of the plaintiffs right.
Nature: predicated on substantive law or on quasi-delicts under the NCC
Basis: the allegations of the plaintiff in the complaint
Not affected by affirmative defenses (eg. fraud, prescription, estoppel, etc.)

Right of Cause of Action

Remedial right or right to relief granted by law to a party to institute an action
against a person who has committed a delict or wrong against him
Requisites:
1. There must be a good cause (existence of a cause of action)
2. A compliance with all the conditions precedent to the bringing of the action

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3. The action must be instituted by the proper party.

Nature: It is procedural in character is the consequence of the violation of the right of

the plaintiff
Basis: the plaintiffs cause of action
Affected by affirmative defenses

Note: There is no right of action where there is no cause of action.

Failure to state cause of action v No cause of action

Failure to state cause of action
Insufficiency in the allegations of the complaint
Raised in a motion to dismiss under Rule 16 before a responsive pleading is filed
Determined only from the allegations of the pleading and not from evidentiary
matters

No cause of action
Failure to prove or establish by evidence ones stated cause of action
Raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case
Resolved only on the basis of the evidence he has presented in support of his claim

Test of the sufficiency of a cause of action

1. Whether or not admitting the facts alleged, the court could render a valid verdict in
accordance with the prayer of the complaint
2. The sufficiency of the statement of cause of action must appear on the face of the
complaint and its existence is only determined by the allegations of the complaint

Note: The truth or falsity of the allegations is beside the point because the allegations in
the complaint are hypothetically admitted. Thus a motion to dismiss on the ground of
failure to state a cause of action, hypothetically admits the matters alleged in the
complaint

Requisites of a Cause of Action

1. Plaintiffs legal right;
2. Defendants obligation to respect plaintiffs right
3. Defendants act or omission in violation of plaintiffs right

Classification of Civil Actions

I. As to Nature (See above)
1. Ordinary
2. Special

II. As to Cause/Foundation
1. Real
When it affects title to or possession of a real property, or an interest therein
When it is founded upon the privity of a real estate. That means that realty or
interest therein is the subject matter of the action.

Note: It is important that the matter in litigation must also involve any of the
following issues:
1. Title to
2. Ownership
3. Possession
4. Partition
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5. Foreclosure of mortgage
6. Any interest in real property.
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.
Eg. An action to recover possession of real property plus damages

Note: An action to annul or rescind a sale of real property has as its fundamental
and prime objective the recovery of real property.

2. Personal
Personal property is sought to be recovered or where damages for breach of
contract are sought
Founded on privity of contract such as damages, claims of money, etc.
Venue of action is the place where the plaintiff or any of the principal plaintiffs
resides or any of the defendants resides, at the election of the plaintiff
Eg. Action for a sum of money

Venue
1. Real actions
- proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof is situated
- actions affecting title to or possession of real property, forcible entry
and detainer
2. Personal actions
- where the plaintiff or any principal plaintiffs resides, or where the
defendant or any of the principal defendants resides
- in the case of a non-resident defendant, where he may be found, at the
election of the plaintiff
3. Actions against non-residents
- if the action affects the personal status of the plaintiff, or any property
of said defendant located in the Philippines, the action may be
commenced and tried in the court of the place where the plaintiff
resides, or where the property or any portion thereof is situated or
found
4. When rules are not applicable
a. Cases where a specific rule or law provides otherwise
b. Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue thereof

III. As to Object
1. In Personam
A proceeding to enforce personal rights and obligations brought against the
person
An action to impose a responsibility or liability upon a person directly
Directed against particular persons
Jurisdiction over the person of the defendant is required
Judgment is binding only upon parties impleaded or their successors-in-interest
Eg. 1. Action for specific performance
2. Action for breach of contract
3. Action for ejectment
4. Action for a sum of money; for damages

2. In Rem
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A proceeding to subject the property of such persons to the discharge of the

claims assailed.
A proceeding to determine the state or condition of a thing
Directed against the thing itself; directed against the whole world
Jurisdiction over the person of the defendant is not required. Jusrisdiction over the
RES is required through publication in a newspaper of general circulation.
Judgment is binding upon the whole world.
Eg. 1. Probate proceeding
2. Cadastral proceeding
3. Land registration proceeding

Splitting a single cause of action v Consolidation of cases v Severance

Splitting a single cause of action
It is the act of instituting two or more suits on the basis of the same cause of action (Sec. 4,
Rule 2).
the filing of one or a judgment upon the merits in any one action is available as a ground for
the dismissal of the others.
Grounds for dismissal:
1. litis pendentia
2. res judicata

Note: An action for forcible entry should include not only the plea for restoration of possession
but also claims for damages arising out of the forcible entry.
The rule against splitting a single cause of action applies not only to complaints but also
to counterclaims and cross-claims.

Consolidation of cases
When actions involving a common question of law or fact are pending before the court, it
may order a joint hearing or trial of any or all the matters in issue in the actions, it may
order all the actions consolidated

Severance
The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of
any claim, cross-claim, counterclaim or third-party complaint, or any separate issue or of any
number of claims, cross-claims, counterclaims, third-party complaints or issues.

Totality Rule
Where there are several claims or causes of actions between the same or different
parties embodied in one complaint, the amount of the demand shall be the totality
of the claims in all causes of action irrespective of whether the causes of action
arose out of the same or different transaction (Rule 2, Sec.5 [d]).

Joinder v Misjoinder
Rules on Proper Joinder of Action
1. Proper Joinder of Parties
It is the assertion of as many causes of action a party may have against another in
one pleading alone (Sec. 5, Rule 2).

Non-joinder
A party is not joined when he is supposed to be joined but is not impleaded in the
action.

Misjoinder
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A party is misjoined when he is made a party to the action although he should not
be impleaded

Note:
Misjoinder of causes of action is not a ground for dismissal of an action. A
misjoined cause of action may, on motion of a party or on the initiative of the
court, be severed and proceeded with separately.
There is no sanction against a non-joinder of several causes of action since a
plaintiff needs only a single cause of action to maintain an action.
Neither misjoinder and non-joinder of parties is ground for dismissal of an action.
Parties may be dropped or added by order of the court on motion of any party or
on its own initiative at any stage of the action and on such terms as are just.
Any claim against a misjoined party may be severed and proceeded with
separately.
Objections to misjoinder cannot be raised for the first time on appeal.

Permissive joinder
All persons against whom any right to relief, in respect to the same
transaction/s, may join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to all such plaintiffs or
to all such defendants may arise in the action
1. Right to relief arises out of the same transaction or series of transactions
(connected with the same subject matter of the suit);
2. There is a question of law or fact common to all the plaintiffs or
defendants; and
3. Joinder is not otherwise provided by the provisions of the Rules on
jurisdiction and venue (Sec. 6, Rule 3).

Compulsory joinder of indispensable parties

Parties in interest without whom no final determination can be had of an
action shall be joined either as plaintiff or as defendants
The joinder of parties becomes compulsory when the one involved is an
indispensable party. Clearly, the rule directs a compulsory joinder of
indispensable parties

Proper/necessary
one who is not indispensable but who ought to be joined as a party if
complete relief is to be accorded or for complete determination or settlement
of the claim subject of the action

2. Shall not include special civil action or actions governed by special rules
3. Rule on Venue (see above)
4. Totality Rule only if all the causes of action are for recovery of sum of money

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2. FILING OF COMPLAINT
Definition
The complaint is the pleading alleging the plaintiffs cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the complaint.

PARTS (Rule 7)
Caption
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
Baguio City
Branch ___

JUAN DELA CRUZ

Plaintiff,
Civil Case No. ________
- versus- For
Sum of Money

PEDRO SANTOS
Defendant.

The title of the action indicates the names of the parties. They shall all be named in
the original complaint or petition; but in subsequent pleadings, it shall be sufficient if
the name of the first party on each side be stated with an appropriate indication
when there are other parties.
Name of Court
Title of the Action
Docket Number

Body
Single Cause of Action

COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court,
respectfully alleges:
1. That the plaintiff is of legal age, Filipino Citizen and resident of No. 1 Marcos
Highway, Baguio City and the defendant is also of legal age, Filipino citizen and a
resident of No. 2 Marcos Highway, Baguio City where he may be served with
summons;
2. That on insert allegations

WHEREFORE, it is respectfully prayed that judgment be rendered against the

defendant to pay the plaintiff the sum of P200,000.00 plus interest of 12% from the date
of the instrument until full amount is paid and attorneys fees in the amount of
P10,000.00 and costs of suit.

Other equitable reliefs are likewise prayed for.

February 26, 2016, Baguio City, Philippines.

(Signature)
Atty. Jane Austen
P.T.R. No. ______________
IBP O.R. No. ____________
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Roll No. ________________

MCLE Compliance No.____
Session Road, Baguio City
Several Causes of Action

COMPLAINT
Plaintiff alleges:
First Cause of Action:
1. That the plaintiff is a resident of the City of Manila, and that defendant is a resident
Evergreen Terrace, Baguio City where he may be served with summons;
2. That on insert allegations

As Second Cause of Action:

1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action;
2. That on insert allegations

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of the plaintiff and a
the defendant for the sum of (total amount of promissory notes) plus interest of 6% per annum on e
the aforesaid notes, until paid; attorneys fees and costs of suit.

PLAINTIFF, further prays for such other relief as this Honorable Court may deem just and equit
the premises.

February 26, 2016, Baguio City, Philippines.

(Signature)
Atty. Anne Rice
P.T.R. No. ______________
IBP O.R. No. ____________
Roll No. ________________
MCLE Compliance No.____
Session Road, Baguio City

Paragraphs/allegations
must be so numbered as to be readily identified, each of which shall contain a
statement of a single set of circumstances so far as that can be done with
convenience
a paragraph may be referred to by its number in all succeeding pleadings

Headings; in cases where there are 2 or more causes of action joined

when 2 or more causes of action are joined, the statement of the first shall be
prefaced by the words first cause of action, of the second by second cause of
action, and so on

Relief/Prayer
Specific v General Prayer
Specific state the specific reliefs to be granted by the court (eg. that judgment
be rendered in favor of plaintiff and against the defendant in the sum of
P300,000.00 plus legal interests)
General for such other relief as may be deemed just and equitable

Date/Place
Significance to determine the running of the prescriptive period; to know if
prescription has set in
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Signature and address

Significance of signature signature of counsel constitutes a certificate by him
that he has read the pleading; that to the best of his knowledge, information, and
belief there is good ground to support it; and that it is not interposed for delay.
Meaning of address should not be a P.O. Box; to determine where pleadings of
the adverse party shall be served

Effects of an unsigned pleading - an unsigned pleading produces no legal

effect
- the court may, in its discretion, allow such deficiency to be remedied if it shall
appear that the same was due to mere inadvertence and not intended for delay
- counsel who deliberately files an unsigned pleading, or signs a pleading in
violation of this Rule, or alleges scandalous or indecent matter therein, or fails to
promptly report to the court a change of his address, shall be subject to
appropriate disciplinary action

Verification

VERIFICATION

JUAN DELA CRUZ, subscribing under oath, hereby deposes and states that:
I am the petitioner in the instant case.
I have read the foregoing Petition and the allegations therein are true and correct of m
knowledge and/or based on the records on hand.
I attest to the authenticity of the annexes thereof.

When Required when filing initiatory pleadings

Who shall sign? signed by the affiant

Contents a pleading is verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of his personal
knowledge or based on authentic records

Effects of defective/no/unsigned Verification and Remedies shall be

treated as an unsigned pleading which produces no legal effect

Certification against forum shopping

CERTIFICATION
I, Juan dela Cruz, the plaintiff in this case, hereby certify that:
a. I have not commenced any other action or proceeding involving the same issues in any
tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or
pending therein;
b. No such action or proceeding is pending in any court, tribunal or quasi-judicial agency and,
best of my knowledge, no such other action or claim pending therein;
c. If I should learn that a similar action or proceeding has been filed or is pending, I hereby und
to notify this Honorable Court within five (5) days from such notice.

(Sign
JUAN DELA

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Concept of Forum Shopping filing of multiple suits in different courts simultaneously

or successively, involving the same parties to ask the courts to rule on the same causes
or grant the same relief

Contents (see above)

In cases of an individual v corporations/associations

Cosco Philippines Shipping, Inc. v Kemper Insurance Company (2012)
The certification against forum shopping must be signed by the principal parties. If, for
any reason, the principal party cannot sign the petition, the one signing on his behalf
must have been duly authorized.

With respect to a corporation, the certification against forum shopping may be

signed for and on its behalf, by a specifically authorized lawyer who has
personal knowledge of the facts required to be disclosed in such document. A
corporation has no power, except those expressly conferred on it by the Corporation
Code and those that are implied or incidental to its existence. In turn, a corporation
exercises said powers through its board of directors and/or its duly authorized officers
and agents.

Swedish Match Philippines v Treasurer of Manila (2013)

In sum, we have held that the following officials or employees of the company can sign
the verification and certification without need of a board resolution:
1. the Chairperson of the Board of Directors,
2. the President of a corporation,
3. the General Manager or Acting General Manager,
4. Personnel Officer, and
5. an Employment Specialist in a labor case.

While the above cases do not provide a complete listing of authorized signatories to the
verification and certification required by the rules, the determination of the sufficiency of
the authority was done on a case to case basis. The rationale applied in the foregoing
cases is to justify the authority of corporate officers or representatives of the corporation
to sign the verification or certificate against forum shopping, being "in a position to
verify the truthfulness and correctness of the allegations in the petition."

In cases where there is no pending similar action or claim v in cases where

there is a pending or a previously filed similar action or claim

Effect of defective/no/unsigned Certificate and Remedies

- the lack of certification against forum shopping is not curable by mere amendment of a
complaint, but shall be a cause for the dismissal of the case without prejudice
General rule: Subsequent compliance with the requirements will not excuse a partys
failure to comply in the first instance.

Effects of false Certification

Indirect Contempt
Administrative and criminal actions
If deliberate summary dismissal with prejudice and direct contempt
with administrative sanctions
Answer with special and affirmative defenses and counterclaim

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM

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NOW COMES the defendant in the above entitled case, and to this Honorable Court most respe
alleges:
1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint;
2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being
insert facts claimed by defendant
3. Defendant has no knowledge or information to form a belief as to the truth of the averm
paragraphs 5, 6, and 7 of the complaint;

By way of special and affirmative defenses, defendant avers:

4. That the obligation has been paid;
5. That the defendant had purchased said land from plaintiff and paid said promissory notes;
6. That the cause of action has prescribed.

By way of counterclaim, defendant alleges:

7. That by virtue of this unwarranted and malicious act initiated by the plaintiff, defendant was
to engage counsel in the sum of P10,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant award
amount of P10,000.00.

Other equitable reliefs are likewise prayed for.

February 26, 2016, Baguio City, Philippines.

(Signature)
Atty. Lang Leav
P.T.R. No. ______________
IBP O.R. No. ____________
Roll No. ________________
MCLE Compliance No.____
Session Road, Baguio City

Answer with specific denial of document under oath

ANSWER WITH SPECIFIC DENIAL OF DOCUMENT UNDER OATH

THAT Defendant specifically denies under oath the genuineness and due execution of the instr
a copy of which is attached to Plaintiffs complaint as Annex A, the truth being that his signature t
is forged and that he did not in fact sign the said instrument.

(Signature)
Atty. Anais Nin
P.T.R. No. ______________
IBP O.R. No. ____________
Roll No. ________________
MCLE Compliance No.____
Session Road, Baguio City

Complaint vis--vis pleadings (Rule 6)

Definition of Pleading

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- Pleadings are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment

Pleadings allowed
a) Complaint
- the pleading alleging the plaintiffs cause/s of action
- the names and residences of the plaintiff and defendant must be stated in the
complaint
- must contain a concise statement of the ultimate facts constituting the plaintiffs
cause/s of action

Ultimate Facts essential facts constituting the plaintiffs cause of action

A fact is essential if it cannot be stricken out without leaving the statement of the
cause of action insufficient.

b) Answer
- a pleading in which a defending party sets forth his affirmative or negative defenses
- may likewise be the response to a counterclaim or crossclaim

Defenses
Negative/Specific denials
- specific denial of the material facts or facts alleged in the pleading
essential to establish the plaintiffs cause of action

Specific denial specify each material allegation of fact which he

does not admit and sets forth the matters to support his denial

What are the kinds of specific denial?

1. Absolute denial defendant specifies each material allegation of
fact the truth of which he does not admit and, whenever
practicable, shall set forth the substance of the matters upon which
he relies to support his denial.
2. Partial denial defendant denies only a part of an averment. In
this kind he shall specify so much of it as is true and material and
shall deny only the remainder.
3. Disavowal of knowledge/plain defendant alleges that he is
without knowledge or information sufficient to form a belief as to
the truth of a material averment made in the complaint.
4. Avoid
Literal denial
- outright rejection of the facts
General/Blanket denial
- is a statement such as "defendant denies each and
every allegation contained in the complaint" in a
defendant's answer to a complaint. It denies everything
alleged in the complaint without specifically denying any
allegation.

What is the effect of failure to make specific denial?

Material averments except as to the amount of unliquidated
damages, not specifically denied are deemed admitted. If the
allegations are deemed admitted, there is no more triable issue
between the parties and if the admissions appear in the answer of
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the defendant, the plaintiff may file a motion for judgment on the
pleadings under Rule 34.

When is a specific denial must be coupled with an oath?

1. A denial of an actionable document (Sec. 8, Rule 8)
2. A denial of allegations of usury in a complaint to recover usurious
interest

Affirmative
- an allegation of a new matter which, while hypothetically admitting
the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him
- includes (SPURS-IF-DERULLO)
1. Statute of limitations
2. Payment
3. Ultra Vires Act of A Corporation
4. Release
5. Stature of Frauds
6. Illegality
7. Fraud
8. Former Recovery
9. Discharge in Bankruptcy
10. Estoppel
11. Res Judicata
12. Unconstitutionality
13. Laches
14. Lack of authority of an agent
15. Other matter by way of confession or avoidance

Note: A denial in a form of negative pregnant is an ambiguous pleading,

since it cannot be ascertained whether it is the fact or only the qualification
that is intended to be denied.

When to file
- file in answer within 15 days after receipt of service of summons

c) Counterclaim v Cross-claim
Counterclaim
- It is any claim which a defending party may have against an opposing party (Sec. 6,
Rule 6).
- It partakes of a complaint by the defendant against the plaintiff

Cross-claim
- Any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter either of the original action or of a counterclaim
therein

Requisites:
1. A claim by one party against a co-party;
2. It must arise out of the subject matter of the complaint or of the counterclaim;
and
3. The cross-claimant is prejudiced by the claim against him by the opposing
party. (Sec. 8, Rule 6)

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What is the effect if a cross-claim was not set up?

General Rule: Barred if not set up. (Sec.2, Rule 9)
Exception: If it is not asserted through oversight, inadvertence, or excusable
negligence, it may still be set up with leave of court by amendment of the pleadings.

Existing counterclaim or cross-claim

- Compulsory counterclaim or cross-claim that a defending party has at the
time he files his answer shall be contained therein (Sec 8, Rule 11)

Counterclaim or cross-claim arising after answer

- Counterclaim or cross-claim which wither matured or acquired by a party
after serving his pleading may be presented as a counterclaim or cross-claim
by supplemental pleading before judgment (Sec 9, Rule 11)

Omitted counterclaim or cross-claim

- When a pleader fails to set up a counterclaim or cross-claim through
oversight, inadvertence, or excusable neglect, or when justice requires, he
may, by leave of court, set up the counterclaim or cross-claim by amendment
before judgment (Sec. 10, Rule 11)

d) Counter-counterclaims and Counter-cross claims

- A counterclaim may be asserted against an original counter-claimant; a cross-claim
may also be filed against an original cross-claimant

e) Reply
- A pleading used to deny or allege facts in denial or avoidance of new matters
alleged by way of answer and thereby join or make issue as to such new matters
(Sec. 10, Rule 6)
- If a party does not file such a reply, all the new matters alleged are deemed
controverted

f)Third-party, etc. Complaint

- A claim that a defending party may, with leave of court, file against a person not a
party to the action, called the third (fourth etc) party defendant, for contribution,
indemnity, subrogation or any other relief, in respect of his opponents claim (Sec.
11, Rule 6)

Tests to determine whether 3 rd party complaint is in respect of plaintiffs

claim:
1. Whether it arises out of the same transaction on which the plaintiffs claim is
based, or, although arising out of another or different transaction, is
connected with the plaintiffs claim;
2. Whether the third-party defendant would be liable to the plaintiff or to the
defendant for all or part of the plaintiffs claim against the original defendant;
and
3. Whether the third-party defendant may assert any defenses which the third-
party plaintiff has or may have to the plaintiffs claim.

Note: Where the trial court has jurisdiction over the main case, it also has jurisdiction
over the third party complaint, regardless of the amount involved as a third-party
complaint is merely auxiliary to and is a continuation of the main action.

g) Answer to third party complaint

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- A third-party defendant may allege in his answer his defenses, counterclaims or

cross-claims, including such defenses that the third-party plaintiff may have against
the original plaintiffs claim.
- In proper cases, he may also assert a counterclaim against the original plaintiff in
respect of the latters claim against the third-party plaintiff (Sec. 13, Rule 6)

h) Memorandum (AM No. 99-2-04-SC)

IN RE: DISPENSING WITH REJOINDER

Henceforth, upon the filing of a Reply (when required), no REJOINDER shall be

required by the Court. Instead, the Court shall resolve either to
(a) give due course to the petition and either consider the case submitted for
decision based on the pleadings or require the parties to submit their respective
memoranda; or
(b) deny or dismiss the petition, as the case may be.

The Memoranda of the parties when required shall contain the following:
(a) A "Statement of the Case," which is clear and nature of the action; a summary
of the proceedings; the challenged decision, resolution, or order of the court
below; the nature of the judgment; and any other matters necessary to an
understanding of the nature of the controversy;
(b) A "Statement of the Facts," which is clear and concise statement in a narrative
form of the established facts;
(c) A "Statement of the Issues," which is clear and concise statement of the issues
submitted to the Court for resolution;
(d) The "Argument," which is a clear and concise presentation of the argument in
support of each issue; and
(e) The "Relief," which is a specification of the order or judgment which the party
seeks to obtain.

No new issues may be raised by a party in the Memorandum. Issues raised in

previous pleadings but not included in the Memorandum shall be deemed waived or
abandoned. Being a summation of the parties' previous pleadings, the Memoranda
alone may be considered by the Court in deciding or resolving the petition.

Parts of a Pleading (See notes above)

1. Caption
2. Body
3. Signature
4. Address
5. Verification
- It is intended to secure an assurance that the allegations in a pleading are true and
correct and not the product of the imagination or a matter of speculation, and that
the pleading is filed in good faith. The absence of a proper verification is cause to
treat the pleading as unsigned and dismissible

6. Certification
General Rule: The lack of certification against forum shopping is generally not
curable by the submission thereof after the filing of the petition.
Exception: In certain exceptional circumstances, however, the Court has allowed the
belated filing of the certification. In Loyola v. Court of Appeals, et al. (245 SCRA 477
[1995]), the Court considered the filing of the certification one day after the filing of
an election protest as substantial compliance with the requirement.

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When should the rule on forum shopping be invoked?

General Rule: It should be raised at the earliest opportunity in a motion to dismiss
or a similar pleading.

Note: Invoking it in the later stages of the proceedings or on appeal may result in the
dismissal of the action which invokes forum shopping.

Exceptions: It may be invoked in the later stages only if the violation arises from or
will result in:
1. The loss of jurisdiction over the subject matter
2. The pendency of another action between the same parties for the same cause
3. Barring of the action by a prior judgment
4. The Statute of Limitations has been crossed

Bringing new parties

- when the presence of parties other than those to the original action is required for the
granting of complete relief in the determination of a counterclaim or cross-claim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be obtained

Third party complaint v Bringing in new parties

A third-party complaint is proper when not one of the third-party defendants therein is
a party to the main action. Whereas in bringing in new parties, if one or more of the
defendants in a counterclaim or cross-claim is already a party to the action, then the
other necessary parties may be brought in under the rules on bringing in new parties.

Manner of making allegations in pleadings (Rule 8)

In general
a. In a methodical and logical form
b. Plain, concise and direct statement of the ultimate facts on which the party
pleading relies on his claim/defense
c. Omit evidentiary facts
d. If defense relied on is based on law, cite the provisions and their applicability

Alternative causes of action/defenses

- A party may set forth 2 or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense alternatively or
hypothetically, either in one cause of action or defense or in separate causes of
action or defenses
- When 2 or more statements are made in the alternative and one of them if made
independently would be sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements

Conditions precedent
- A general averment of the performance or occurrence of all conditions precedent
shall be sufficient

Rule: When a claim is subject to a condition precedent, the compliance of the same
must be alleged in the pleading. Otherwise it will be a ground for dismissal for failure
to state a cause of action (such as tender of payment before consignation, prior
resort to barangay conciliation when necessary, and etc.)

Capacity
- Facts showing the capacity of a party to sue or be sued or the authority to sue and
be sued in a representative capacity must be averred

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- Any party desiring to raise the legal capacity of a party must do so by specific
denial

Fraud, mistake, condition of the mind

- The circumstances constituting such fraud or mistake must be stated with
particularity (Sec. 5, Rule 8).
- The complaint must state with particularity the fraudulent acts of the adverse party.
These particulars would necessarily include the time, place, and specific acts of fraud
committed against him

What is the rule in making averments of malice, intent, knowledge or other

conditions of the mind of a person?
The circumstances constituting such may be averred generally

What is the rule in pleading an official document or act?

It is sufficient to aver that the document was issued in compliance with law. With
respect to an act, it is likewise sufficient to allege that the act was done also in
compliance with law

Judgment
- in pleading a judgment or decision of a domestic or foreign court, judicial or quasi-
judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction to render it

Actionable documents
- Referred to as the document relied upon by either the plaintiff and the defendant.
- A document which is really the basis of the cause of action (for defense) and not
merely evidentiary thereof
- E.g. A promissory note in an action for collection of a sum of money.

Note: This manner of pleading a document applies only to an actionable document,

i.e., one which is the basis of an action or a defense. Hence, if a document does not
have the character of an actionable document, it need not be pleaded strictly in the
manner prescribed by the rules

Effect of failure to deny allegations

- Material averment in the complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted when not specifically denies.
- Allegations of usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath.

Striking out of pleading or matter

- upon motion made by a party within 20 days after the service of the pleading upon
him, or upon the courts own initiative at any time, the court may order any pleading
to be stricken out or that any sham or false, redundant, immaterial, impertinent, or
scandalous matter be stricken out therefrom

Effect of failure to plead (Rule 9)

Defenses and objections not pleaded
General Rule: Defenses and objections not pleaded either in a motion to
dismiss or in the answer are deemed waived.

Exception: When it appears from the pleadings or the evidence on record

that the court has no jurisdiction over the subject matter, that there is another

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action pending between the same parties, for the same cause, or that the
action is barred by a prior judgment or by statute of limitations, the court shall
dismiss the claim.

Omnibus motion rule

- A motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included
shall be deemed waived. (Sec. 8, Rule 15)

Rules on defaulting party

Who must file
- If the defending party fails to answer within the time allowed therefor,
the court shall, upon motion of the claiming party with notice to
the defending party, and proof of such failure, declare the defending
party in default.

Jurisdictional contents of a motion to declare defendant in

default
Declaration of default is proper in 3 situations:
1. Defendant did not file any answer or responsive pleading despite
valid service of summons;
2. Defendant filed an answer or responsive pleading but beyond the
reglementary period; and
3. Defendant filed an answer to the court but failed to serve the
plaintiff a copy as required by the Rules.

Effect of order of default

- A party in default shall be entitled to notice of subsequent
proceedings but not to take part in the trial

Note: A defending party declared in default retains the right to appeal

from the judgment by default. However, the grounds that may be
raised in such an appeal are restricted to any of the following:
1. Failure of the plaintiff to prove the material allegations of the
complaint
2. Decision is contrary to law
3. Amount of judgment is excessive or different in kind from that
prayed for

Effect of partial default

- If the pleading asserting a claim states a common cause of action
against several defending parties, and some of the defending parties
answer while the others fail, the court shall try the case against all
defendants upon the answers filed and render judgment upon the
evidence presented.

Exception: If the defense is personal to the one who answered; in

which case, it will not benefit those who did not answer.

Actions where default is not allowed

1. Actions for annulment;
2. Declaration of nullity of marriage and legal separation [Sec. 3(e),
Rule 9]; and

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3. In special civil actions of certiorari, prohibition and mandamus

where comment instead of an answer is required to be filed.

Note: When the defending party in an action for annulment or

declaration of nullity of marriage or for legal separation fails to answer,
the court shall order the prosecuting attorney to investigate whether or
not a collusion between the parties exists, and if there is no collusion,
to intervene for the state in order to see to it that the evidence
submitted is not fabricated.

Remedies to lift an order of default

- A party declared in default may at any time after notice thereof and
before judgment file a motion under oath to set aside the order of
default upon proper showing:
1. That his failure to answer was due to fraud, accident, mistake or
excusable negligence and
2. That he has a meritorious defense

In such case, the order of default may be set aside on such terms and
conditions as the judge may impose in the interest of justice.

Extent of relief to be awarded

- A judgment rendered against a party in default shall not exceed the
amount or to be different in kind from that prayed for nor award
unliquidated damages.

Extension of time to plead

- Upon motion and on such terms as may be just, the court may extend the
time to plead (Sec. 11, Rule 11)
- The court may also, upon like terms, allow an answer or other pleading to be
filed after the time fixed by the Rules.
Amended Pleadings
Definition
- A changed written pleading in a lawsuit, including complaint or answer to a
complaint.

Object of amendment
- So that the actual merits of the controversy may speedily be determined, without
regard to technicalities, and in the most expeditious and inexpensive manner.

How a pleading may be amended

1. Adding, striking out or correcting a mistake in the name
2. Adding, striking out or correcting a mistaken allegation or description

How the rules on amendments shall be construed

- Rules on amendments must be construed liberally in the interest of justice
- Liberality in allowing amendments is greatest in the early stages of a law suit,
decreases as I t progresses and changes at times to a strictness amounting to a
prohibition

Importance of amendments

Classes of amendments
Before Trial
1. As a matter of right
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- It is considered as a matter of right at any time before a responsive

pleading is served or, in the case of a reply, at any time within ten (10)
days after it is served

Note: A motion to dismiss is not a responsive pleading and its filing

does not preclude the exercise of the plaintiffs right to amend his
complaint.

2. By leave of court
1. If the amendment is substantial; and
2. A responsive pleading had already been served

Note: Plaintiff may amend his complaint even if the same was
dismissed on motion of the defendant provided that the dismissal order
is not yet final.

After trial

When may amendment be made to conform to or authorize

presentation of evidence?
1. When issues not raised by the pleadings are tried with the express or
implied consent of the parties.
Note: Failure to amend does not affect the result of the trial of said issue.

2. Amendment may also be made to authorize presentation of evidence if

evidence is objected to at the trial on the ground that it is not within the
issues made by the pleadings, if the presentation of the merits of the
action and the ends of substantial justice will be subserved thereby

Supplemental pleadings
- One which sets forth transactions, occurrences or events which have happened
since the date of the pleading sought to be supplemented
Nature and office to bring into the records new facts which will enlarge or
change the kind of relief to which the plaintiff is entitled

Amended Pleading v Supplemental Pleading

1. Amended pleading
- Refer to the facts existing at the time of filing of original pleading
- Supersedes the original
- May be amended without leave of court before a responsive pleading is filed.
- Amendment must be appropriately marked.
2. Supplemental Pleading
- Refers to facts occurring after the filing of the original pleading.
- Merely supplements the original pleading.
- Always with leave of court
- There is no such requirement (marking) in supplemental pleadings

Effects of amending a pleading

- An amended pleading supersedes the pleading it amends.
- Admissions amended may be used as evidence against the pleader (becomes
extrajudicial confession)
- Claims or defenses alleged therein but not incorporated or reiterated in the
amended pleading are deemed waived.

Filing and service of pleadings

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Coverage (Rule 13)

- This rule shall govern the filing of all pleadings and other papers, as well as the
service thereof, except those for which a different mode of service is prescribed.

Definition of filing and service

Filing
- The act of presenting the pleading or other paper to the clerk of court

Service
- The act of providing a party with a copy of the pleading or paper concerned
- If any party has appeared by counsel, service upon him shall be made upon his
counsel or one of them, unless service upon the party himself is ordered by the
court

Manner of filing
- Filing shall be made by:
1. Presenting the original copies personally to the clerk of court
- the clerk of court shall endorse on the pleading the date and hour of filing

2. By sending them by registered mail

- the date of the mailing, as shown by the post office stamp on the envelope or
the registry receipt shall be considered as the date of filing

Note: The envelope shall be attached to the record of the case

Papers required to be filed and served

1. Judgment
2. Resolution
3. Order
4. Pleading subsequent to the complaint
5. Written motion
6. Notice
7. Appearance
8. Demand
9. Offer of judgment
10. Similar papers

Modes
Service
1. Personally
a. Delivering personally a copy to the party or to his counsel
b. Leaving a copy in counsels office with his clerk or with a person having
charge thereof
c. If no person is found in his office, or if his office is unknown, or if he has
no office: by leaving the copy at partys/counsels residence with a
person of sufficient age and discretion residing therein between 8 am
and 6 pm

2. Registered Mail
a. By depositing the copy in the office, in a sealed envelope, plainly
addressed to the party or his counsel at his office or at his residence (if
known), with postage fully pre-paid, and with instructions to the
postmaster to return the mail to the sender after 10 days if
underlivered.
b. If no registry service is available in the locality of either sender or
addressee, service may be done by ordinary mail
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3. Substituted service
- By delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail

Filing
1. Personally
- Presenting the original copies personally to the clerk of court
2. Registered Mail
- The date of the mailing, as shown by the post office stamp on the
envelope or the registry receipt shall be considered as the date of filing

Other rules
Service of judgments, final orders or resolutions
1. Personal service
2. Registered mail
3. Publication, if party is summoned by publication and has failed to
appear in the action

What is a notice of lis pendens?

- In an action affecting the title or the right of possession of real property, the
plaintiff and the defendant, when affirmative relief is claimed in his answer,
may record in the office of the registry of deeds of the province in which the
property is situated a notice of the pendency of the action.

Note: Only from the time of filing such notice for record shall a purchaser, or
encumbrancer of the property affected thereby, be deemed to have
constructive notice of the pendency of the action, and only of its pendency
against the parties designated by their real names.

What are the priorities in modes of service and filing?

General Rule: Whenever practicable, the service and filing shall be done
personally.
Exception: With respect to papers emanating from the court, a resort to
other modes must be accompanied by a written explanation why the service
or filing was not done personally

Note: A violation of this rule may be cause to consider the paper as not filed

When is service deemed complete?

1. Personal service upon actual delivery.
2. Service by ordinary mail upon expiration of 10 days after mailing,
unless the court otherwise provides.
3. Service by registered mail upon actual receipt by the addressee, or 5
days from the date he received the first notice of the postmaster, whichever
date is earlier
4. Substituted service at the time of such delivery

Rules on Summons (Rule 14)

- It is the writ by which the defendant is notified of the action brought against him
- An important part of that notice is a direction to the defendant that he must
answer the complaint within a specified period, and that unless he so answers,
plaintiff will take judgment by default and may be granted the relief applied for

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Modes
1. Personal Service
- Only if the suit is one strictly in personam. The service of summons
must be made by service in person on the defendant. This is
effected by handing a copy of the summons to the defendant in
person, or if he refuses to receive it, by tendering the copy of the
summons to him

2. Substituted Service
- If, for some justifiable causes, the defendant cannot be served
personally within a reasonable time, service may be effected by:
a. By leaving copies of the summons at the defendants residence
with some person of suitable age and discretion then residing
therein, or
b. By leaving the copies at defendants office or regular place of
business with some competent person in charge thereof.

Service on domestic private juridical entity

- Service may be made on the:
a. President
b. Managing partner
[Link] manager
d. Corporate secretary
e. Treasurer
f. In-house counsel
Service on foreign private juridical entity
1. Entity which has transacted business in the
Philippines
Service may be made on:
a. Its resident agent designated in accordance with law
for that purpose;
b. If there is no agent, on the government official
designated by law to that effect; or
c. Any of its officers or agents within the Philippines

2. Entity not registered in the Philippines or has no

resident agent
a. Personal service coursed through the appropriate
court in the foreign country with the assistance of the
DFA;
b. 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;
c. Facsimile or any recognized electronic means that could
generate proof of service; or
d. Other means as the court may in its discretion direct

3. Constructive service (Service by Publication)

1. Service upon a defendant where his identity is unknown or where
his whereabouts are unknown. When the defendant is designated
as an unknown and cannot be ascertained by diligent inquiry, Sec.
14, Rule 14 allows service of summons by publication in a

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newspaper of general circulation and in such places and for

such time as the court may order.
2. Service upon residents temporarily outside the Philippines. When
any action is commenced against a defendant who ordinarily
resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of the
Philippines (Sec. 16, Rule 14).
Note: Done always by leave of court.

4. Extraterritorial Service
The defendant must be a non-resident defendant who is at the same
time not found in the Philippines at the time summons is to be served.
In addition, the action commenced against him must be any of the
following:
1. An action that affects the personal status of the plaintiff;
2. An action that relates to, or the subject of which is the property
within the Philippines in which the defendant has or claims a lien
or interest, actual or contingent;
3. An action in which the relief demanded consists, wholly or in part,
in excluding the defendant from any interest therein;
4. An action where the property of the defendant has been
attached in the Philippines.
Note: In any of the above instances, extraterritorial service is
permissible with leave of court and may be effected by personal
service, summons by publication or by any other manner the court
may deem sufficient.

Effect of lack of summons

- No jurisdiction is acquired over the person of the defendant (unless by
voluntary appearance)

Other rules
How is service of summons upon prisoner made?
- Service shall be effected upon him by the officer having the management
of such jail or institution who is deemed deputized as a special sheriff for
said purpose.

How is service of summons upon minors made?

- Service shall be made upon him personally and on his legal guardian if he
has one, or if none, upon his guardian ad litem whose appointment shall
be applied for by the plaintiff. In the case of a minor, service may also be
made on his father or mother.

How is proof of service done?

- It shall be made in writing by the server and shall set forth the manner,
place, and date of service; shall specify any papers which have been
served with the same; and shall be sworn to when made by a person other
than a sheriff or his deputy

Return
- When service has been completed, the server shall, within 5 days,
serve a copy of the return, personally or by registered mail, to the
plaintiffs counsel, and shall return the summons to the clerk who
issued it, accompanied by proof of service.
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Payment of Docket Fees and other lawful fees

- Upon the filing of the pleading or other application which initiates an action or proceeding, the
fees prescribed therefor shall be paid in full. (see Rule 141)
- The payment of docket fees is not a trivial matter. These fees are necessary to defray court
expenses in the handling of cases. For this reason, and to secure a just and speedy disposition of
every action and proceeding, the Rules on Civil Procedure mandates the payment of docket and
other lawful fees within the prescribed period. Otherwise, the jurisdiction of the proper court to
handle a case is adversely affected. (La Sallette College v Pilotin 2003)

C. PARTIES TO CIVIL ACTIONS

PARTIES (Rule 3)
Who may be parties
Requisites:
1. Natural/juridical persons/entity authorized by law
2. Must have a legal capacity to sue
3. Must be the real party in interest

1. Natural persons
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. (Art. 37, Civil Code of the Philippines)

For civil purposes, the foetus is considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the foetus had an intra-uterine life of less
than seven months, it is not deemed born if it dies within twenty-four hours after its
complete delivery from the maternal womb. (Art. 41, Civil Code of the Philippines)

2. Juridical persons
a. The State and its political subdivisions
b. Other corporations, institutions and entities for public interest or purpose, created by
law; their personality begins as soon as they have been constituted according to law;
and
c. Corporations, partnerships and associations for private interest or purpose to which the
law grants a juridical personality, separate and distinct from that of each shareholder,
partner or member

Parties in interest
Real parties in interest
A real party in interest is the party who stands to be benefited or injured by the judgment in
the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or
these Rules, every action must be prosecuted or defended in the name of the real party in
interest.

Note: A foreign corporation may be a party to an action in Philippine courts:

1. If licensed to engage in business in the Philippines, it may sue or be sued in courts;
2. If not licensed, it cannot sue, but it may be sued in our courts;
3. If not engaged in business in the Philippines, it may sue in courts on a single isolated
transaction, but it cannot be sued in our courts on such transaction.

Juasing Hardware v Mendoza (1982)

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There is no law authorizing sole proprietorships like petitioner to bring suit in court. The law
merely recognizes the existence of a sole proprietorship as a form of business organization
conducted for profit by a single individual, and requires the proprietor or owner thereof to
secure licenses and permits, register the business name, and pay taxes to the national
government. It does not vest juridical or legal personality upon the sole proprietorship nor
empower it to file or defend an action in court.

Real party in interest plaintiff v real party in interest defendant

(same as RPI)

Representatives as parties
- Where the action is allowed to be prosecuted or defended by a representative or someone
acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall
be deemed to be the real party in interest.
- A representative may be a trustee of an express trust, a guardian, and executor or
administrator, or a party authorized by law or these Rules.
- An agent acting in his own name and for the benefit of an undisclosed principal may sue or be
sued without joining the principal except when the contract involves things belonging to the
principal.
Spouses as parties
Rule and exceptions
General rule: Husband and wife shall sue and be sued jointly, except as provided by law.

Navarro v Hon. Escobido (2009)

By law, all property acquired during the marriage, whether the acquisition appears to have
been made, contracted or registered in the name of one or both spouses, is presumed to be
conjugal unless the contrary is proved.

Castro v. Miat (2003)

Petitioners also overlook Article 160 of the New Civil Code. It provides that all property of the
marriage is presumed to be conjugal partnership, unless it be prove[n] that it pertains
exclusively to the husband or to the wife. This article does not require proof that the
property was acquired with funds of the partnership. The presumption applies even when
the manner in which the property was acquired does not appear.

Article 124 of the Family Code, on the administration of the conjugal property, provides:
Art. 124. The administration and enjoyment of the conjugal partnership property shall
belong to both spouses jointly. In case of disagreement, the husbands decision shall prevail,
subject to recourse to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such decision.

Exceptions:
What are the exclusive properties of each spouse?
1. That which is brought to the marriage as his or her own;
2. That which each acquires during the marriage by gratuitous title (through pure
liberality, as in donation and testate/intestate succession);
3. That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
4. That which is purchased with exclusive money of the wife or of the husband.

The spouses retain the ownership, possession, administration and enjoyment of their
exclusive properties. A spouse may also mortgage, encumber, alienate or otherwise dispose
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of his or her exclusive property, without the consent of the other spouse, and appear alone
in court to litigate with regard to the same.

Minor or incompetents
- A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his
father, mother, guardian, or if he has none, a guardian ad litem.

Permissive joinder of parties

Purpose
All persons against whom any right to relief, in respect to the same transaction/s, may join
as plaintiffs or be joined as defendants in one complaint, where any question of law or fact
common to all such plaintiffs or to all such defendants may arise in the action.

Requisites
1. Right to relief arises out of the same transaction or series of transactions (connected
with the same subject matter of the suit);
2. There is a question of law or fact common to all the plaintiffs or defendants; and
3. Joinder is not otherwise provided by the provisions of the Rules on jurisdiction and venue
(Sec. 6, Rule 3).

Eg. A bus accident where several passengers got injured. The passengers may sue the
bus company individually since they have separate causes of action or have a
permissive joinder of parties since the right of relief arises out of the same
occurrence (ie. bus accident) and there is a common question of law and fact
(drivers negligence and bus companys liability) among the plaintiffs.

Compulsory joinder of indispensable parties

Parties in interest without whom no final determination can be had of an action shall be joined
either as plaintiffs or defendants.
Note: Joinder of causes of action must be subject to the following conditions:
1. The party shall comply with the rules on joinder of parties;
2. The joinder shall not include special civil actions governed by special rules;
3. Where causes of action pertain to different venues, the joinder may be allowed in
the RTC provided one of the causes of action falls within the jurisdiction of said
court and venue lies therein
4. Totality rule: Where claims in all causes of action are for recovery of money, the
aggregate amount claimed shall be the test for jurisdiction. (Sec 5, Rule 2)

Purpose
The purpose of the rules on joinder of indispensable parties is a complete determination of
all issues not only between the parties themselves, but also as regards other persons who
may be affected by the judgment. A decision valid on its face cannot attain real finality
where there is want of indispensable parties. (NLMK-OLALIA-KMU v Keihin Philippines
Corporation, 2010)

Who are indispensable parties

Real parties in interest without whom no final determination can be had in an action

Effect of non-joinder of indispensable parties to an action

If there is a failure to implead an indispensable party, any judgment rendered would have no
effectiveness. It is "precisely when an indispensable party is not before the court (that) an
action should be dismissed. The absence of an indispensable party renders all subsequent
actions of the court null and void for want of authority to act, not only as to the absent
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parties but even to those present." (NLMK-OLALIA-KMU v Keihin Philippines Corporation,

2010)

Necessary party
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 to the action.
Discussion (Necessary v Indispensable party in guaranty and suretyship):
Art. 2047. By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the
obligation of the principal debtor in case the latter should fail to do so.

If a person binds himself solidarily with the principal debtor, the provisions of Section 4, Chapter 3,
Title I of the NCC shall be observed. In such case the contract is called a suretyship.

Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of them
simultaneously. The demand made against one of them shall not be an obstacle to those which may
subsequently be directed against the others, so long as the debt has not been fully collected.

Necessary party v Proper party

Proper Party: one who has sustained or is in the danger of sustaining immediate injury as
a result of the acts or measures complained of

Non-joinder of necessary parties to be pleaded

- Whenever in any pleading in which a claim is asserted a necessary party is no joined, he
pleader shall set forth his name, if known, and shall state why he is omitted. Should the
court find the reason for the omission unmeritorious, it may order the inclusion of the
omitted necessary party if jurisdiction over his person may be obtained.
- The failure to comply with the order for his inclusion without justifiable cause, shall be
deemed a waiver of the claim against such party.
- The non-inclusion of a necessary party does not prevent the court from proceeding in the
action, and the judgment rendered therein shall be without prejudice to the rights of
such necessary party.

Unwilling co-plaintiff
If the consent of any party who should be joined as plaintiff can not be obtained, he may be made a
defendant and the reason therefor shall be stated in the complaint.

Misjoinder and non-joinder of parties

- Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be
dropped or added by order of the court on motion of any party or on its own initiative at any
stage of the action and on such terms as are just.
- Any claim against a misjoined party may be severed and proceeded with separately.

Effects
Republic v Sandiganbayan (2003)
The Rules prohibit the dismissal of a suit on the ground of non-joinder or misjoinder of
parties and allows the amendment of the complaint at any stage of the proceedings, through
motion or on order of the court on its own initiative.
Plasabas v CA (2009)
However, when the order of the court to implead an indispendable party goes unheeded, the
court may order the dismissal of the case. The court is fully clothed with the authority to
dismiss a complaint due to the fault of the plaintiff as when, among others, he does not
comply with the order of the court.

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Boston Equity Resources v CA (2013)

A misjoined party must have the capacity to sue or be sued in the event that the claim by or
against the misjoined party is pursued in a separate case.
Class suit
It is an action where one or some of the parties may sue for the benefit of all if the requisites for
said action are complied with.

Requisites
1. Subject matter of the controversy is one of common or general interest to many persons;
2. Parties affected are so numerous that it is impracticable to bring them all before the
court;
3. Parties bringing the class suit are sufficiently numerous or representative of the class and
can fully protect the interests of all concerned; and
4. Representatives sue or defend for the benefit of all

Alternative defendants
Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join
any or all of them as defendants in the alternative, although a right to relief against one may be
inconsistent with a right of relief against the other.

Unknown identity/name of defendant

Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner,
heir, devisee, or by such other designation as the case may require; when his identity or true name
is discovered, the pleading must be amended accordingly.

Entity without juridical personality as defendant

- When two or more persons not organized as an entity with juridical personality enter into a
transaction, they may be sued under the name by which they are generally or commonly
known.
- In the answer of such defendant, the names and addresses of the persons composing said entity
must all be revealed.

Note: Persons associated in an entity without juridical personality may be sued under the name
by which they are generally or commonly known, but they cannot sue under such name.

Service: When persons associated in an entity without juridical personality are sued under the
name by which they are generally or commonly known, service may be effected 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
brought. (Sec. 8, Rule 14)

What would be the relief if the entity without juridical personality wishes to sue?
Since the entity without juridical personality cannot sue under the name which it is generally or
commonly known, the parties composing it may sue in their individual capacity as long as they
have a cause of action against the person/entity they wish to sue. (Always remember the key
words: CAUSE OF ACTION)

Death of party; duty of counsel

Termination of the attorney-client relationship

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The attorney-client relationship is terminated once the client dies unless the designated
representatives wish to retain the attorneys services in pursuing the pending action (the
reps are not obligated to retain their predecessors lawyer).
Duty of counsel
Whenever a party to a pending action dies, and the claim is not thereby extinguished, it
shall be the duty of his counsel to inform the court within 30 days after such death of
the fact thereof, and to give the name and address of his legal representative/s.

Note: Failure of counsel to comply with this duty shall be a ground for disciplinary action.

Substitution by legal representatives

The heirs of the deceased may be allowed to be substituted for the deceased, without
requiring the appointment of an executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.

The court shall order said legal representatives to appear and be substituted within a period
of 30 days from notice.

If no legal representative is named or if the one so named shall fail to appear within the
specified period, the court may order the opposing party to procure the appointment of an
executor or administrator of the estate.

Note: The legal reps shall choose among themselves on who becomes the representative. If
there is none, the court would appoint a guardian ad litem.

Death of incompetent ward

Caiza v CA (1997)
Carmen Caiza passed away during the pendency of this appeal. The Estradas thereupon
moved to dismiss the petition, arguing that Caiza's death automatically terminated the
guardianship, Amaparo Evangelista lost all authority as her judicial guardian, and ceased to
have legal personality to represent her in the present appeal. The motion is without merit.

While it is indeed well-established rule that the relationship of guardian and ward is
necessarily terminated by the death of either the guardian or the ward, the rule affords no
advantage to the Estradas. Amparo Evangelista, as niece of Carmen Caiza, is one of the
latter's only two (2) surviving heirs, the other being Caiza's nephew, Ramon C. Nevado. On
their motion and by Resolution of this Court of June 20, 1994, they were in fact substituted
as parties in the appeal at bar in place of the deceased, in accordance with Section 17, Rule
3 of the Rules of Court, viz.:

"SEC. 18. Death of a party. xxx The heirs of the deceased may be allowed to be
substituted for the deceased, without requiring the appointment of an executor
or administrator and the court may appoint guardian ad litem for the minor heirs.

To be sure, an ejectment case survives the death of a party. Caiza's demise did not
extinguish the desahucio suit instituted by her through her guardian. That action, not being
a purely personal one, survived her death; her heirs have taken her place and now represent
her interests in the appeal at bar.

Test to determine whether action survives or not

Determine if the action is a purely personal action or not purely personal.
a. Purely personal the death of either of the parties extinguishes the claim and the
action is dismissed

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Examples of purely personal actions are those for support, divorce, annulment of
marriage, legal separation (Lapuz Sy v Eufemio, 1972).

b. Not purely personal claim is not extinguished and the party should be substituted
by his heirs, executor or administrator. In case of minor heirs, the court may appoint
a guardian ad litem for them

When action does not survive

- purely personal actions do not survive upon the death of a party > case is
dismissed/terminated

Actions that survive

But if the claim does not arise from contract, express or implied, such as a claim for
damages for an injury to person or property, an ordinary action may be filed against the
executor or administrator (Sec. 1 of Rule 87).

Aguas v Llemos (1962)

- An action for damages arising from tort or delict may be filed against the executor or
administrator
- Actions that survive against a decedent's executor or administrator are:
(1) actions to recover real personal property from the estate;
(2) actions to enforce a lien thereon; and
(3) actions to recover damages for an injury to person or property (Rule 87, Sec. 1);

Baker v Crandall
That injury to property is not limited to injuries to specific property, but extends to other
wrongs by which personal estate is injured or diminished;

Javier v Araneta
That to maliciously cause a party to incur unnecessary expenses is injury to that party's
property and that hence, a suit for damages therefor survives the death of the defendant.

Nullity of proceedings in case of non-substitution despite notice or knowledge of

death of a party

Death or separation of a party who is a public officer

Requisites:
1. Public officer is a party to an action in his official capacity;
2. During the pendency of the action, he either dies/resigns or otherwise ceases to hold office;
3. It is satisfactorily shown to the court by any party, within 30 days after the successor takes
office,
a. That there is a substantial need to continue/maintain the action and
b. The successor adopts/continues/threatens to adopt or continue the action of his
predecessor
4. The party or officer affected was given reasonable notice of the application and accorded an
opportunity to be heard.

Incompetency or incapacity
If a party becomes incompetent or incapacitated, the court, upon motion with notice, may allow the
action to be continued by or against the incompetent or incapacitated person assisted by his legal
guardian or guardian ad litem.

Transfer of interest

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In case of any transfer of interest, the action may be continued by or against the original party,
unless the court upon motion directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party.

Action on contractual money claims

When the action is for recovery of money arising from contract, express or implied, and the
defendant dies before entry of final judgment in the court in which the action was pending at the
time of such death, it shall not be dismissed but shall instead be allowed to continue until entry of
final judgment.

Note: A favorable judgment obtained by the plaintiff shall be enforced in the manner expecially
provided in these Rules for prosecuting claims against the estate of a deceased person.

Requisites:
1. The action must primarily be for recovery of money/debt or interest thereon;
2. The claim arose from express/implied contract;
3. Defendant dies before the entry of final judgment in the court in which the action was
pending.
a. The defendants death will not result in the dismissal of the action;
b. The deceased shall be substituted by his legal representatives in the manner
provided for in Sec 16, Rule 3, and the action will continue until the entry of final
judgment;
c. Execution shall not issue in favor of the winning plaintiff. It should be filed as a claim
against the decedents estate without need of proving the claim.

Note: Once favorable judgment is obtained, it becomes a preferential claim over decedents
estate.

Indigent party
A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon
an ex parte application and hearing, is satisfied that the party is one who has no money or
property sufficient and available for food, shelter and basic necessities for himself and
his family.

Includes an exemption from payment of docket and other lawful fees, and of transcripts of
stenographic notes which the court may order to be furnished him
Notes:
The amount of the docket and other lawful fees which an indigent was exempted from paying
shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court
otherwise provides.
May be contested by the adverse party at any time before judgment is rendered.
If the court determines after hearing that the party declared indigent has sufficient income or
property, the proper docket and other lawful fees shall be assessed and collected by the clerk of
court.

Notice to the solicitor general

The court, in its discretion, may require the appearance of the SolGen in any action involving any:
1. treaty
2. law
3. ordinance
4. executive order
5. presidential decree
6. rules or regulations

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Note: SolGen may be heard in person or through a representative duly designated by him.

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