Civil Procedure: San Beda College of Law

San Beda College of Law
10

MEMORY AID IN REMEDIAL LAW
CIVIL PROCEDURE
RULE 1
GENERAL PROVISIONS
Statutes regulating the procedure of
courts will be construed as applicable to
actions pending and undetermined at the
time of their passage so long as vested
rights will not be impaired.
Under the 1987 Constitution, the rule-
maing power of the Supreme Court has
the following limitations!
1. shall provide a simplified and
ine"pensive procedure for the
speed# disposition of cases$
%. Uniform for all courts of the
same grade, and
&. Shall not diminish, increase or
modif# substantive rights '(rt.
)*** Sec. +,+-..
Section 3. Cases governed.
ACTION CLAI
(n ordinar# suit in a
court of /ustice
( right possessed b#
one against another
0ne part# prosecutes
another for the
enforcement or
protection of a right
or the prevention or
redress of a wrong.
1he moment said
claim is filed before a
court, the claim is
converted into an
action or suit.
CLASSI!ICATION O! ACTIONS.
'(.
ORDINAR" CIVIL
ACTION
SPECIAL CIVIL
ACTION
2overned b# ordinar#
rules
(lso governed b#
ordinar# rules but
SU345C1 to specific
rules prescribed '6ules
7% to 71..
8ormal demand of
one9s legal rights in a
court of /ustice in the
manner prescribed b#
the court or b# the
law
Special features not
found in ordinar# civil
actions

'3.
ACTION IN
RE
ACTION IN
PERSONA
ACTION
#UASI IN RE
:irected
against the
thing itself
:irected
against
particular
persons
:irected
against
particular
persons
4udgment is
binding on the
whole world
4udgment is
binding onl#
upon parties
impleaded or
their
successors in
interest
4udgment
binding upon
particular
persons, but
the real motive
is to deal with
real propert#
or to sub/ect
said propert#
to certain
claims.
5". ;and
registration
case$ probate
proceedings
for allowance
of a will.
5". action to
recover
damages$
action for
breach of
contract
5". Unlawful
detainer or
forcible entr#$
/udicial
foreclosure of
mortgage.
1he distinction is important in
determining the 5885C1 of the
/udgment.
'C.
REAL
ACTION
PERSONAL
ACTION
I$ED
ACTION
0wnership or
possession of
real propert# is
involved
personal propert# is
sought to be
recovered or where
damages for breach
of contract are
sought
3oth real and
personal
properties are
involved
8ounded on
privit# of
estate
8ounded on privit#
of contract
8ounded on
both
e". (ccion
reinvidicatoria
5". (ction for a sum
of mone#
e". (ccion
publiciana
with a claim
for damages

1he distinction is significant in the
determination of venue. <ith respect to
mi"ed actions, the rules on venue of real
actions shall govern, i.e., where the real
propert# is located.
REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+
S/ecial Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence,
11

':.
LOCAL ACTION TRANSITOR"
ACTION
=ust be brought in a
particular place, in
the absence of an
agreement to the
contrar#
2enerall#, must be
brought where the
part# resides
regardless of where
the cause of action
arose
5". (ction to recover
real propert#
5". (ction to recover
sum of mone#

Section %. Co&&ence&ent o' action.
An action is co&&enced ()*
1. filing of the complaint 'the date of
the filing determines whether or not
the action has alread# prescribed.$
and
%. pa#ment of the re>uisite docet fees
'determined on the basis of the
amount of the claim including the
damages indicated in bod# or the
pra#er of the pleading.

*t is not simpl# the filing of the
complaint or the appropriate initiator#
pleading but also the pa#ment of the
prescribed docet fee that vests a trial
court with /urisdiction over the sub/ect
matter or nature of the action.
1he court ma# allow the pa#ment of the
deficient docet fee within a reasonable
period but not be#ond the applicable
prescriptive or reglementar# period.
(n action can be commenced b# filing
the complaint b# registered mail. *n
which case, it is the date of mailing that
is considered as the date of filing, and
not the date of the receipt thereof b#
the cler of court.
1he date of the filing of an amended
complaint /oining additional defendant is
the date of the commencement of the
action with regard to such additional
defendant.
Section +. Constr,ction.
Genera- R,-e* ;iberal construction .
E.ce/tions*
a. reglementar# periods
b. rule on forum shopping
RULE 0
CAUSE O! ACTION
Section 0. Ca,se o' Action1 de'ined.
Essentia- e-e&ents o' ca,se o' action
1. 5"istence of a legal right of the
plaintiff$
%. Correlative legal dut# of the
defendant to respect one9s right$
&. (ct or omission of the defendant
in violation of the plaintiff9s
legal right$ and
?. Compliance with a condition
precedent.
CAUSE O! ACTION RIG2T O! ACTION
delict or wrongful act
or omission committed
b# the defendant in
violation of the
primar# rights of the
plaintiff
remedial right or right
to relief granted b#
law to a part# to
institute an action
against a person who
has committed a delict
or wrong against him
1he reason for the
action
the remed# or means
afforded or the
conse>uent relief
the formal statement
of alleged facts
right that is given @
the right to litigate
because of the
occurrence of the
alleged facts
:etermined b# facts
as alleged in the
complaint and not the
pra#er therein
determined b#
substantive law

RELIE! REED" SU34ECT
ATTER
the redress,
protection,
award or
coercive
measure which
the
procedure or
t#pe of
action which
ma# be
the thing,
wrongful act,
contract or
propert# which
is

12

the plaintiff
pra#s the court
to render in his
favor as a
conse>uence of
the delict
committed b#
the defendant
availed of b#
the plaintiff
as the means
to obtain the
desired
relief
directl#
involved in the
action,
concerning
which the
wrong has
been done and
with respect
to which the
controvers#
has arisen.
Section 5. S/-itting a sing-e ca,se o'
action1 e''ect o'.
SPLITTING O! CAUSE O! ACTION @ is the
practice of dividing one cause of action
into different parts and maing each
part sub/ect of a separate complaint.
(pplies A01 onl# to complaints but also
to counterclaims and crossclaims.
Re&ed) against s/-itting a sing-e ca,se
o' action*
(. =otion to dismiss on the ground of!
;itis pendentia, if the first
complaint is still pending '6ule
17, Sec. 1,e-.$ or
6es /udicata, if an# of the
complaints is terminated b# final
/udgment '6ule 17, Sec. 1,f-.
3. (n answer alleging either of the
above-cited grounds as affirmative
defense '6ule 17, Sec. 7.
Genera- R,-e on Divisi(-e Contract
( contract to do several things at several
times is divisible, and /udgment for a
single breach of a continuing contract is
not a bar to a suit for a subse>uent
breach.
Doctrine o' Antici/ator) 3reac6
5ven if the contract is divisible in its
performance and the future periodic
deliveries are not #et due, if the obligor
has alread# manifested his refusal to
compl# with his future periodic
obligations, Bthe contract is entire and
the breach total,C hence there can onl#
be one action for damages (Blossom &
Co. vs. Manila Gas Corp., 55 Phil. 226.
Section %. 4oinder o' ca,ses o' action.
6ule in this section is D56=*SS*)5 and the
plaintiff can alwa#s file a separate
action for each cause of action.
Par. 7a8* 1he /oinder of causes of action
ma# involve the same or different
parties. *f the /oinder involved different
parties, it must compl# with Sec. 7 6ule
&, thus, there must be a >uestion of fact
or law common to both parties /oined
arising out of the same or series of
transactions.
Par. 7(8 re9,ires t6at: onl# causes of
action in ordinar# civil actions ma# be
/oined, obviousl# because the# are
sub/ect to the same rules.
Par. 7c8 (s long as one cause of action
falls within the /urisdiction of the 61C,
the case can be filed there even if the
=1C has /urisdiction over the others.
Pars. 7d8 e&(odies t6e TOTALIT" RULE
Section 33 BP129, as amended by RA
7691 - <here there are several claims or
causes of actions between the same or
different parties, embodied in the same
complaint, the amount of the demand
shall be the totalit# of the claims in all
the causes of actions, irrespective of
whether the causes of action arose out
of the same or different transactions.
SPLITTING O!
CAUSE O! ACTION
4OINDER O!
CAUSES O! ACTION
1here is a single cause
of action
Contemplates several
causes of action
D60E*3*15:. Causes
multiplicit# of suits
and double ve"ation
on the part of the
defendant
5AC0U6(25:.
=inimiFes multiplicit#
of suits and
inconvenience on the
parties

Section +. is:oinder o' ca,ses o'
action.
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Aot a ground for dismissal of an action. (
mis/oined cause of action ma# be
severed and proceeded with separatel#.
1here is no sanction against non-/oinder
of separate causes of action since a
plaintiff needs onl# a single cause of
action to maintain an action.
RULE 3
PARTIES TO CIVIL ACTIONS
Section 1. ;6o &a) (e /arties<
/-ainti'' and de'endant.
RE#UIREENTS !OR A PERSON TO 3E A
PART" TO A CIVIL ACTION*
1. he must be a natural or /uridical
person or an entit# authoriFed b#
law$
%. he must have a legal capacit# to sue$
and
&. he must be the real part# in interest.
PLAINTI!!S- 1hose having an interest in
the sub/ect matter of the action or in
obtaining the relief demanded.
DE!ENDANTS*
1. persons who claim an interest in the
controvers# or the sub/ect thereof
adverse to the plaintiff$ or
%. who are necessar# to a complete
determination or settlement of the
>uestions involved therein$ or
&. all those who ordinaril# should be
/oined as plaintiffs but who do not
consent thereto, the reason
therefore being stated in the
complaint.
Aeither a dead person nor his estate ma#
be a part# plaintiff in a court actionG
Considering that capacit# to be sued is
correlative of the capacit# to sue, to the
same e"tent, a decedent does not have
the capacit# to be sued and ma# not be
named a part# defendant in a court
action 'Ventura vs. Militante 316 SC!
226".
Section 3. Re/resentatives as /arties.
REAL PART" IN INTEREST @ the part#
who stands to be benefited in the suit or
the part# entitled to the avails of the
suit.
*mpleading the beneficiar# as a part# in
the suit is now mandator#, in cases
allowed to be prosecuted or defended b#
a representative.
CLASSI!ICATION O! PARTIES IN
INTEREST
1. Indis/ensa(-e /arties @ those without
whom no final determination can be had
of an action. 'must be /oined.
%. Necessar) 7or /ro/er8 /arties @ those
who are not indispensable but ought to
be parties if complete relief is to be
accorded as to those alread# parties, or
for a complete determination or
settlement of the claim sub/ect of the
action. 'ma# or ma# not be /oined.
&. Re/resentative /arties @ someone
acting in fiduciar# capacit#. =a#be a
trustee, guardian, e"ecutor or
administrator, or a part# authoriFed b#
law or these 6ules.
(n agent acting in his own name and for
the benefit of an undisclosed principal
ma# sue or be sued without /oining the
principal e"cept when the contract
involves things belonging to the principal
?. Pro 'or&a /arties @ those who are
re>uired to be /oined as co-parties in
suits b# or against another part# as ma#
be provided b# the applicable
substantive law or procedural rule such
as in the case of spouses under Sec. ?.
+. #,asi /arties @ those in whose behalf
a class or representative suit is brought.
Section %. inor or inco&/etent
/ersons.
Under the present rule, a person need
not be /udiciall# declared to be
incompetent in order that the court ma#
14

appoint a guardian ad litem. *t is enough
that he be alleged to be incompetent.
1he suit can be brought b# or against the
minor or incompetent person personall#
3U1 with the assistance of his parents or
guardian.

Section +. Per&issive :oinder o'
/arties.
PERISSIVE 4OINDER @ the aggregate
sum of all the claims, determines the
/urisdiction of the court.
Re9,isites o' /er&issive :oinder o'
/arties.
1. 6ight to relief arises out of the same
transaction or series of transactions$
%. 1here is a >uestion of law or fact
common to all the plaintiffs or
defendants$ and
&. Such /oinder is not otherwise
proscribed b# the provisions of the
6ules on /urisdiction and venue.
SERIES O! TRANSACTIONS @ transactions
connected with the same sub/ect of the
action.
INDISPENSA3LE
PARTIES
NECESSAR"
PARTIES
1he action cannot
proceed unless the#
are /oined
1he action can
proceed even in the
absence of some
necessar# parties
Ao valid /udgment if
indispensable part# is
not /oined
1he case ma# be
determined in court
but the /udgment
therein will not
resolve the entire
controvers# if a
necessar# part# is not
/oined
1he# are those with
such an interest in the
controvers# that a
final decree would
necessaril# affect their
rights so that the court
cannot proceed
without their presence
1he# are those whose
presence is necessar#
to ad/udicate the
whole controvers# but
whose interests are so
far separable that a
final decree can be
made in their absence
without affecting
them

4OINT DE3TORS @ indispensable part#
with respect to own share and a
necessar# part# with respect to the
share of the others.
SOLIDAR" DE3TORS @ either is
indispensable and the other is not even a
necessar# part# because complete relief
ma# be obtained from either.
Section =. Non>:oinder o' necessar)
/arties to (e /-eaded.
1he non-inclusion of a necessar# part#
ma# be e"cused onl# on meritorious
grounds.
1he court ma# order the inclusion of the
omitted necessar# part# if /urisdiction
over his person ma# be obtained b#
ordering plaintiff to file an amended
complaint impleading the necessar#
part# therein as co-defendant.
1he onl# sanction for failure to implead
a necessar# part# when ordered b# the
court and /urisdiction can be obtained
over said part# is a waiver of the claim
against him. 1his is considered as an
e"ception to the provision on penalties
imposed on a disobedient part# under
Sec. & of 6ule 17 which would have
entailed the dismissal of the complaint
itself.
Section 11. is:oinder and non>:oinder
o' /arties.
Aeither mis/oinder nor non-/oinder of
parties is a ground for dismissal of the
action.
0b/ections to defects in parties should
be made at the earliest opportunit# @ the
moment such defect becomes apparent @
b# a =01*0A 10 S16*H5 1E5 A(=5S 08
1E5 D(61*5S impleaded.
15

*f there is mis/oinder, a separate action
should be brought against the part#
mis/oined.
1he absence of an indispensable part#
renders all subse>uent actions of the
court null and void for want of authorit#
to act, not onl# as to the absent parties
but even as to those present.
Section 10. C-ass s,it.
RE#UISITES O! A CLASS
?REPRESENTATIVE SUIT.
1. sub/ect matter of the
controvers# is one of common or
general interest to man#
persons$
%. parties affected are so numerous
that it is impracticable to bring
them all before the court$
&. parties bringing the class suit are
sufficientl# numerous or
representative of the class and
can full# protect the interests of
all concerned.
C-ass S,it Per&issive 4oinder
o' Parties
1here is one single
cause of action
pertaining to
numerous persons
1here are multiple
causes of action
separatel# belonging
to several persons.

Section 15. Un@noAn identit) or na&e
o' de'endant.
Re9,isites*
1. there is a defendant
%. his identit# or name is unnown
&. fictitious name ma# be used
because of ignorance of
defendant9s true name and said
ignorance is alleged in the
complaint
?. identif#ing description ma# be
used! sued as unnown owner,
heir, devisee, or other
designation
+. amendment to the pleading
when identit# or true name is
discovered
7. defendant is the defendant
being sued, not a mere
additional defendant
Service of summons upon a defendant
whose identit# is unnown ma# be made
b# publication in a newspaper of general
circulation in accordance with Section 1?
of 6ule 1?.
Section 1%. Entit) Ait6o,t :,ridica-
/ersona-it) as de'endant.
1he# ma# be sued under the name b#
which the# are generall# nown, but
the# cannot sue under such name for
lac of /uridical personalit#.
1he service of summons ma# be effected
upon all the defendants b# serving upon
an# of them, or upon the person in
charge of the office or place of business
maintained under such name. (Se#. $,
ule 1%"
INSTANCES ;2ERE SU3STITUTION O!
PARTIES IS PROPER*
A. Deat6 o' /art)< d,t) o' co,nse- 7Sec.
1+8
1his provision applies where the claim is
not thereb# e"tinguished as in cases
involving propert# and propert# rights
such as!
1. recover# of real and personal
propert# against the estate.
%. enforcement of liens on such
properties
&. recover# for an in/ur# to person
or propert# b# reason of tort or
delict committed b# the
deceased.

*n this case, the heirs will be substituted
for the deceased 06 if no legal
representative is named then the court
will order the opposing part# to procure
the appointment of an e"ecutor or
1

administrator for the estate of the
deceased.
*n case of minor heirs, the court ma#
appoint a guardian ad litem for them.
1he substitute defendant need not be
summoned. 1he ORDER O!
SU3STITUTION shall be served upon the
parties substituted for the court to
ac>uire /urisdiction over the substitute
part#
*f there is failure to notif# the fact of
death! the case ma# continue and
proceedings will be held valid, and
/udgment will bind the successors in
interest.
3. Deat6 or se/aration o' a /art) A6o
is a /,(-ic o''icer 7Sec. 1B8
1he action ma# be maintained b# and
against his successor.
1he action contemplated here is one
brought against the public officer in his
official capacit#.
C. S,/ervening Inco&/etence or
inca/acit) o' a /art) 7Sec. 1C8
1he action shall continue to be
prosecuted b# or against him, personall#
or assisted b# the corresponding
guardian.
D. Trans'er o' interest 7Sec. 1=8
Substitution of parties in this section is
A01 mandator#, it being permissible to
continue the action b# or against the
original part# in case of transfer of
interest pen&ente lite. Unless the
substitution b# or the /oinder of the
transferee is re>uired b# the court,
failure to do so does not warrant the
dismissal of the case. ( transferee
pen&ente lite is a proper, and not an
indispensable part#.
1he case will be dismissed if the interest
of plaintiff is transferred to defendant
UA;5SS there are several plaintiffs, in
which case, the remaining plaintiffs can
proceed with their own cause of action.
Section 0D. Action on contract,a-
&one) c-ai&s.
Re9,isites*
1. 1he action must primaril# be for
recover# of mone#, debt, or
interest thereon, and not where
the mone# sought therein is
merel# incidental thereto.
%. 1he claim, sub/ect of the action,
arose from a contract, e"press or
implied, entered into b# the
decedent in his lifetime or the
liabilit# for which had been
assumed b# or is imputable to
him.
*f defendant dies before entr# of final
/udgment in the court where it was
pending at that time, the action shall
not be dismissed but shall be allowed to
continue until entr# of final /udgment
thereon.
Eowever, e"ecution shall not issue in
favor of the winning part#. *t should be
filed as a claim against the estate of the
decedent.
Section 01. Indigent /art).
Indigent @ one who has no propert# or
income sufficient for his support aside
from his labor, even if he is self-
supporting when able to wor and in
emplo#ment. Ee need not be a pauper
to entitle him to litigate in 'orma
pauperis.
<hile the authorit# to litigate as
an indigent part# ma# be granted upon
an e" parte application and hearing, it
ma# be contested b# the adverse part#
at an# time before /udgment is
rendered.
RULE 5
VENUE O! ACTIONS
1!

VENUE @ the place where an action must
be instituted and tried.
VENUE 4URISDICTION
Dlace where the action
is instituted
Dower of the court to
hear and decide a case
=a# be waived 4urisdiction over the
sub/ect matter and
over the nature of the
action is conferred b#
law and cannot be
waived
Drocedural Substantive
=a# be changed b# the
written agreement of
the parties
Cannot be the sub/ect
of the agreement of
the parties
T6e r,-e on VENUE IS NOT APPLICA3LE
in cases
1. <here a specific rule or law
provides otherwise$ or
%. 1he parties have validl# agreed
in writing before the filing of the
action on the e"clusive venue
thereof 'Sec. ?..
Re9,isites 'or ven,e to (e e.c-,sive
1. ( valid written agreement
%. 5"ecuted b# the parties before
the filing of the action$ and
&. 5"clusive nature of the venue.
*n the absence of >ualif#ing or restrictive
words, venue stipulation is merel#
permissive meaning that the stipulated
venue is in addition to the venue
provided for in the rule (Pol(tra&e Corp.
vs. Blan#o 3) SC! 1$*"
Section 1. Ven,e o' rea- actions.
I' /ro/ert) is -ocated at t6e (o,ndaries
o' tAo /-aces! file one case in either
place at the option of the plaintiff.
I' case invo-ves tAo /ro/erties -ocated
in tAo di''erent /-aces*
1. *f the properties are the ob/ect
of the same transaction, file it in
an# of the two places.
%. *f the# are the sub/ects of two
distinct transactions, separate
actions should be filed in each
place unless properl# /oined.
Section 0. Ven,e o' /ersona- actions.
RESIDENCE @ the place where the part#
actuall# resides with continuit# and
consistenc#, whether permanent or
temporar#, at the time the action is
instituted.
eans o' Aaiving ven,e*
1. failure to ob/ect via motion to
dismiss
%. affirmative relief sought in the
court where the case is filed
&. voluntar# submission to the
court where the case is filed
?. laches
Section 3. Ven,e o' actions against
non>residents.
RULES
1. NON>RESIDENT !OUND IN T2E
P2IL. E
a. for personal actions @
where the plaintiff
resides$ and
b. for real actions @ where
the propert# is located.
0. NON RESIDENT NOT !OUND IN
T2E P2IL. E
(n action ma# be filed onl#
when the case involves!
a. Dersonal status of
plaintiff @ venue! where
plaintiff resides$
b. (n# propert# of said
defendant located in the
Dhil. @ venue! where the
propert# or an# portion
thereof is situated or
found.
1"

1he Supreme Court has the power to
order a change of venue to prevent a
miscarriage of /ustice.
Dis&issa- o' Action 'or I&/ro/er Ven,e
1he court ma# not motu propio dismiss a
complaint on the ground of improper
venue. (n e"ception is provided in
Section ? of the 6evised 6ule on
Summar# Drocedure.
RULES ON SUAR"
PROCEDURE
SUAR" PROCEDURE
IN CIVIL CASES
1he Court should not dismiss the
complaint or counterclaim if the# are
not verified. 1he re>uirement is merel#
a formal one, and not /urisdictional. *t
should therefore simpl# direct the part#
concerned to have it verified.
PRO2I3ITED PLEADINGS ? OTIONS
UNDER T2E RULE ON SUAR"
PROCEDURE.
1. =otion to dismiss the complaint
or to >uash the complaint or
information e"cept on the
ground of lac of /urisdiction
over the sub/ect matter or
failure to compl# with prior
baranga# conciliation 'referral to
the ;upon.
%. =otion for a bill of particulars
&. =otion for a new trial or for
reconsideration of a /udgment or
for reopening of trial
?. Detition for relief from /udgment
+. =otion for e"tension of time to
file pleadings, affidavits, or an#
other paper
7. =emoranda
7. Detition for certiorari,
mandamus, or prohibition
against an# interlocutor# order
issued b# the court
8. =otion to declare defendant in
default
9. :ilator# motions for
postponement
1I. 6epl#
*f plaintiff fails to
appear in prelim
conference, complaint
ma# be dismissed.
:efendant entitled to
decision based on his
counterclaim. (ll
crossclaims dismissed.
*f :efendant fails to
answer in 1I da#s @
1he court, motu propio
or on plaintiff9s
motion, ma# render
/udgment based on
facts alleged in the
complaint wJo
pre/udice to
69, S& 'c.
8iling of verified
complaint with the
=1C
court ma#
dismiss the case
outright
<Jin 1I da#s
from receipt of
summons,
defendant
answers,
incoporating
compulsor#
counterclaim or
crossclaim, and
serves a cop# on
plaintiff
court ma#
summon the
defendant
(nswer to
counterclaim
and crossclaim
wJin 1I da#s
Dreliminar#
conference wJin &I
da#s after last
answer is filed
<Jin + da#s after
conference, court
issues record of
preliminar#
conference
<Jin 1I da#s from
receipt of order,
submission b# the
parties of affidavits
and position papers
6endition of /udgment
wJin &I da#s from
receipt of last
affidavit, or wJin 1+
da#s after last
clarificator# paper
*f sole defendant
fails to appear,
plaintiff entitled to
/udgment based on
complaint and
what is proved
therein
1#

11. 1hird part# complaints
1%. *nterventions
1he filing of a prohibited pleading will
not suspend the period to file an answer
or to appeal.
(lthough a motion to dismiss is a
prohibited pleading, its filing after the
answer had alread# been submitted does
not constitute a pleading prohibited b#
the summar# rules. <hat the rules
proscribe is a motion to dismiss that
would stop the running of the period to
file an answer and cause undue dela#.
<hile a motion to declare the defendant
in default is prohibited b# the rules on
summar# procedure, the plaintiff ma#
nevertheless file a motion to render
/udgment as ma# be warranted when the
defendant fails to file an answer.
1he issuance of the pre-trial order is an
important part of the summar#
procedure because it is its receipt b# the
parties that begins the ten-da# period to
submit the affidavits and other
evidence.
TRIAL PROCEDURE IN CIVIL CASES
Ao trial date is set. Ao testimonial
evidence is re>uired nor cross-
e"amination of witnesses allowed. (ll
that is re>uired is that within '1I. da#s
from receipt b# the parties of the court9s
pre-trial order, the# shall submit '1. the
affidavits of their witnesses '%. and
other evidence on the factual issues set
forth in the pre-trial order, 1ogether
with their position papers setting forth
the law and the facts relied upon b#
them.
4udgments of inferior courts in cases
governed b# summar# procedure are
appealable to the 61C.
1he decision of the 61C in civil cases
under this rule, including e/ectment
cases, are *==5:*(15;K e"ecutor#.

FATARUNGANG PA3ARANGA" LA;
7Tit-e One1 3oo@ III1 RA B1+D8
Ao complaint, petition, action, or
proceeding involving an# matter within
the authorit# of the lupon shall be filed
or instituted directl# in court or an#
other government office for ad/udication
UNLESS
1. there has been a confrontation
between the parties before the
lupon chairman or pangat, AND
%. that no conciliation or
settlement has been reached OR
unless the settlement has been
repudiated b# the parties
thereto.
CASES NOT CO!R!" 3" T2E
FATARUNGANG PA3ARANGA" LA;*
1. <here one part# is the
government or an# subdivision or
instrumentalit# thereof$
%. <here one part# is a public
officer or emplo#ee, and the
dispute relates to the
performance of his official
functions$
&. 0ffenses punishable b#
imprisonment e"ceeding 1 #ear
or a fine e"ceeding D+,III.II$
?. 0ffenses where there is no
private offended part#$
+. <here the dispute involves real
properties located in different
cities or municipalities UNLESS
the parties thereto agree to
submit their differences to
amicable settlement b# an
appropriate lupon$
7. :isputes involving parties who
actuall# reside in baranga#s of
different cities or municipalities,
E$CEPT where such baranga#
units ad/oin each other and the
parties thereto agree to submit
their differences to amicable
settlement b# an appropriate
lupon$
7. Such other classes of disputes
which the Dresident ma#
determine in the interest of
/ustice.
20

Eowever, the court ma#, at an# time
before trial, motu proprio refer the case
to the lupon concerned for amicable
settlement, non criminal cases not
falling within the authorit# of the latter.
<hile the dispute is under mediation,
conciliation, or arbitration, the
prescriptive periods for offenses and
cause of action under e"isting laws shall
be interrupted upon filing of the
complaint with the punong baranga#.
T2E PARTIES A" GO DIRECTL" TO
COURT IN T2E !OLLO;ING INSTANCES*
1. <here the accused is under
detention$
%. <here the person has otherwise
been deprived of personal
libert# calling for habeas corpus
proceeding$
&. <here the actions are coupled
with provisional remedies such
as preliminar# in/unction,
attachment, deliver# of
personal propert#, and support
pen&ente lite$ and
?. <here the action ma# otherwise
be barred b# the statute of
limitations.
1he parties ma#, at an# stage of the
proceedings, agree in writing to have the
matter in dispute decided b# arbitration
b# either the Dunong 3aranga# or
Dangat. *n such case, arbitrational
hearings shall follow order of
ad/udicative trials.
1he settlement and arbitration
agreement ma# be repudiated on the
ground that consent is vitiated b# fraud,
violence, or intimidation. Such
repudiation shall be sufficient basis for
the issuance of the certification for filing
a complaint in court or an# government
office for ad/udication.
RULES ON VENUE UNDER T2E
FATARUNGANG PA3ARANGA" LA;
1. :isputes between residents of
the same baranga# shall be
brought for settlement before
lupon of said baranga#
%. 6esidents of different baranga#s
within the same cit# or
municipalit# @ in the baranga#
where the respondent or an# of
the respondents reside at the
election of the complainant
&. :isputes involving real propert#
or an# interest therein- where
real propert# or larger portion
thereof is situated
?. :isputes arising at the
<06HD;(C5 where the
contending parties are emplo#ed
or at the *AS1*1U1*0A where
such parties are enrolled for
stud# @ in the baranga# where
such worplace or institution
located.

C+!, -. /!,!0.G!.G P!MB!!.G!1, S22 P!G2
22.
PROCEDURE IN REGIONAL TRIAL
COURTS
RULE +
FINDS O! PLEADINGS
Section 1. P-eadings de'ined.
PLEADINGS @ the written allegations of
the parties of their respective claims and
defenses submitted to the court for
appropriate /udgment.
A &otion to dis&iss is NOT a /-eading.
*t is the allegations or averments in the
pleading that determines the /urisdiction
of the court and the nature of the
action.
PLEADING OTION
*t relates to the cause (n application for an
21

of action$ interested
in the matters to be
included in the
/udgment.
order not included in
the /udgment
=a# be initiator# Cannot be initiator# as
the# are alwa#s made
in a case alread# filed
in court
(lwa#s filed before
/udgment
=a# be filed even
after /udgment
Section 3. Co&/-aint.
COPLAINT @ is a concise statement of
the ultimate facts constituting the
plaintiff9s cause or causes of action, with
a specification of the relief sought, but
it ma# add a general pra#er for such
further relief as ma# be deemed /ust or
e>uitable.
ULTIATE !ACTS - essential facts
constituting the plaintiff9s cause of
action.
;6at are NOT ,-ti&ate 'acts*
1. 5videntiar# or immaterial facts.
%. ;egal conclusions, conclusions or
inferences of facts from facts
not stated, or incorrect
inferences or conclusions from
facts stated.
&. 1he details of probative matter
or particulars of evidence,
statements of law, inferences
and arguments.
?. (n allegation that a contract is
valid or void is a mere conclusion
of law.
TEST O! SU!!ICIENC"! if upon
admission or proof of the facts being
alleged, a /udgment ma# be properl#
given. ( fact is essential if it cannot be
stricen out without leaving the
statement of the cause of action
insufficient.
Section 5. AnsAer
ANS;ER @ the pleading where the
defendant sets forth his affirmative or
negative defenses.

0 @inds o' de'enses t6at &a) (e set
'ort6 in t6e ansAer*
a. A!!IRATIVE DE!ENSES @ allegation
of a new matter which while
h#potheticall# admitting the
material allegations in the pleading,
would nevertheless prevent or bar
recover# b# him. *t is in the nature
of Confession and (voidance
(. NEGATIVE DE!ENSES @ specific
denial of the material facts or facts
alleged in the pleading
Ins,''icient denia- or denia- a&o,nting
to ad&issions*
1. 2eneral denial
%. :enial in the form of a
negative pregnant
Section +. Co,nterc-ai&
COUNTERCLAI @ an# claim which a
defending part# ma# have against an
opposing part#.
Nat,re o' co,nterc-ai&* ( counterclaim
is in the nature of a cross-complaint.
(lthough it ma# be alleged in the
answer, it is not part of the answer. Upon
its filing, the same proceedings are had
as in the original complaint. 8or this
reason, it must be answered within ten
'1I. da#s from service.
22

Section B. Co&/,-sor) Co,nterc-ai&
RULES ON COUNTERCLAI
( counterclaim before the =1C must be
within the /urisdiction of said court,
both as to the amount and nature
thereof (3e Chua vs. 4!C".
8iling of complaint
wJ the Dunong
3aranga# 'D3.
<Jin the ne"t woring da# (t an# time during the
DroceedingsG
*ssuance of
summons to
the parties
and the
witnesses
Darties agree to
submit the
dispute for
arbitration
=ediation 'hearing.
8ailure of
mediation
efforts
Settlement
Constitu-
tion of the
Dangat
5"ecution
wJin 7
months from
date thereof
Conciliation
'hearing.
Dangat convenes not
later than & da#s
from its constitution
and summons the
parties
Settlement
5"ecution wJin 7
months from the
date of settlement
6epudiation of
settlement wJin 1I
da#s from date
thereof
ISSUANCE O!
CERTI!ICATION !OR
!ILING O! A
COPLAINT IN COURT
(rbitration Eearings
6epudiation of
arbitration
agreement
within + da#s
from date of
agreement
(ward to be
made after the
lapse of the
period to
repudiate and
wJin 1I days
thereafter
5"ecution wJin
7 months from
the date of the
award
Note* 6epudiation shall
onl# be allowed on ground
of vitiation of consent b#
fraud, violence or
intimidation.
8ailure of Conciliation
hearings at the Dangat
;evel and of (rbitration
hearings shall also lead to
the issuance of
certification for filing a
complaint in court.
Dangat must
arrive at a
settlement
wJin 1+ da#s
from the da#
it convenes
FATARUNGANG PA3ARANGA" PROCEDURE
23

DOCTRINE O! ANCILLAR" 4URISDICTION
*n an original action before the 61C, the
counterclaim ma# be considered
compulsor# regardless of the amount
7Sec. B1 R,-e + 8.
*f a counterclaim is filed in the =1C in
e"cess of its /urisdictional amount, the
e"cess is considered waived (!5ustin vs.
Ba#alan8. *n Ca#o $s% A&a' (nt)-, the
remed# where a counterclaim is be#ond
the /urisdiction of the
=1C is to set off the claims and file a
separate action to collect the balance.
COPULSOR"
COUNTERCLAI
PERISSIVE
COUNTERCLAI
0ne which arises out
of or is necessaril#
connected with the
transaction or
occurrence that is the
sub/ect matter of the
opposing part#9s
claim.
*t does not arise out of
nor is it necessaril#
connected with the
sub/ect matter of the
opposing part#9s
claim.
*t does not re>uire for
its ad/udication the
presence of third
parties of whom the
court cannot ac>uire
/urisdiction.
*t ma# re>uire for its
ad/udication the
presence of third
parties over whom the
court cannot ac>uire
/urisdiction.
*t is barred if not set
up in the action.
*t is A01 barred even
if not set up in the
action.
Aeed not be
answered$ no default.
=ust be answered,
otherwise, the
defendant can be
declared in default.

GENERAL RULE* ( compulsor#
counterclaim not set up in the answer is
deemed barred.
E$CEPTION* *f it is an after-ac>uired
counterclaim, that is, such claim
matured after filing of the answer. *n
this case, it ma# be pleaded b# filing an
amended answer or a supplemental
answer or pleading.
Section C. Cross>c-ai&
CROSS>CLAI E an# claim b# one part#
against a co-part# arising out of the
transaction or occurrence that is the
sub/ect matter either of the original
action or counterclaim.
*f it is not set up in the action, it is
barred, e.ce/t*
1. when it is outside the /urisdiction of
the court or$
%. if the court cannot ac>uire
/urisdiction over third parties whose
presence is necessar# for the
ad/udication of said cross-claim.
*n which case, the cross-claim is
considered permissive.
1he dismissal of the complaint carries
with it the dismissal of a cross-claim
which is purel# defensive, but not a
cross-claim seeing affirmative relief.

Cross C-ai& Co,nterc-ai& 3
rd
>/art)
Co&/-aint
(gainst a co-
part#
(gainst an
opposing part#
(gainst a
person not a
part# to the
action
=ust arise out
of the
transaction
that is the
sub/ect matter
of the orig.
action or of a
counterclaim
therein.
=a# arise out of
or be necessaril#
connected with
the transaction
or that is the
sub/ect matter
of the opposing
part#9s claim, in
which case, it is
called a
compulsor#
counterclaim, or
it ma# not, in
which case it is
called a
permissive
counterclaim.
=ust be in
respect of
the
opponent9s
claim
'Dlaintiff.
24


Section 1D. Re/-).
REPL" - the response of the plaintiff to
the defendant9s answer.
E!!ECT O! !AILURE TO REPL"! new
facts that were alleged in the answer are
deemed controverted. Eence, the filing
of the repl# is optional e"cept for the
denial of the genuineness and due
e"ecution of an actionable document
used as defense in the answer.
Section 11. T6ird 7'o,rt61 etc.8 E /art)
co&/-aint.
T2IRD 7!OURT21ETC.8 E PART"
COPLAINT E a claim that a defending
part# ma#, with leave of court, file
against a person not a part# to the
action for contribution, indemnit#,
subrogation or an# other relief, in
respect of his opponent9s claim.
T2IRD>PART"
COPLAINT
COPLAINT IN
INTERVENTION
3rings into the action
a third person who
was not originall# a
part#.
Same
*nitiative is with the
person alread# a part#
to the action.
*nitiative is with a
non-part# who sees
to /oin the action.

TESTS to deter&ine A6et6er t6e t6ird>
/art) co&/-aint is in res/ect o'
/-ainti''Gs c-ai&*
1. <here it arises out of the same
transaction on which the
plaintiff9s claim is based, or,
although arising out of another
or different transaction, is
connected with the plaintiff9s
claim$
%. <hether the third-part#
defendant would be liable to the
plaintiff or to the defendant for
all or part of the plaintiff9s claim
against the original defendant$
and
&. <hether the third-part#
defendant ma# assert an#
defenses which the third-part#
plaintiff has or ma# have to the
plaintiff9s claim.
;eave of court to file a third-part#
complaint ma# be obtained b# motion
under 6ule 1+.
Summons to new part# 'third, fourth,
etc.. is needed for the court to obtain
/urisdiction over his person, since he is
not an original part#.
<here the trial court has /urisdiction
over the main case, it also has
/urisdiction over the third part#
complaint, regardless of the amount
involved as a third part# complaint is
merel# au"iliar# to and is a continuation
of the main action (epu6li# v. Central
Suret( & 4nsuran#e Co. 782*$)2, -#t. 26,
196$".
Section 10. 3ringing neA /arties.
Disting,is6ed 'ro& 3
rd
>/art) co&/-aint*
( &
rd
-part# complaint is proper when not
one of the third-part# defendants
therein is a part# to the main action. 3ut
if one or more of the defendants in a
counterclaim or cross-claim is alread# a
part# to the action, then the other
necessar# parties ma# be brought in
under this section.
RULE B
PARTS O! A PLEADING
Section 3. Signat,re and address.
1he signature of the counsel is a
certification that!
1. 1hat he has read the pleading$
%. 1here is good ground to support
it$ and
&. *t is not interposed for dela#
0nl# the original copies must be signed.
UNSIGNED PLEADING ma# be stricen
out as sham and false, and the action
ma# proceed as though the pleading has
not been served. (t *as no #e+a# e,,ect%
Section 5. Veri'ication.
Dleadings need A01 be verified 5LC5D1
when otherwise provided b# the law or
rules.
25

( verification must now be based on
personal nowledge or based on
authentic records.
Section %. Certi'ication against 'or,&
s6o//ing.
!ORU S2OPPING @ the filing of a two or
more cases based on the same cause of
action in different courts for the purpose
of obtaining a favorable decision in
either.
Test to deter&ine t6e /resence o'
'or,&>s6o//ing* whether in the two 'or
more. cases pending, there is identit# of
7a8 parties, 7(8 rights or causes of action,
and 7c8 reliefs sought.
1he certificate is to be e"ecuted b#
petitioner, and not b# counsel.
6e>uired 0A;K for complaints or
initiator# pleadings.
Certificate of non-forum shopping is not
re>uired in a compulsor# counterclaim
(0S, +osp. vs. Surla".
E!!ECT O! !AILURE TO COPL"!
1. Aot curable b# amendment of
said pleading
%. shall be cause for the dismissal
of the case, without pre/udice,
unless otherwise provided, upon
motion and after hearing

E!!ECT O! SU3ISSION O! !ALSE
CERTI!ICATION OR NON>COPLIANCE
;IT2 T2E UNDERTAFINGS T2EREIN*
1. indirect contempt
%. administrative and criminal
actions

E!!ECT O! ;IL!ULL AND DELI3ERATE
!ORU S2OPPING*
1. shall be ground for summar#
dismissal of the case with
pre/udice$
%. direct contempt.
RULE C
ANNER O! AFING ALLEGATIONS IN A
PLEADING
Dleadings should state ,-ti&ate 'acts
essential to the right of action.
ULTIATE !ACTS* those which directl#
form the bases of the right sought to be
enforced or the defense relied upon.
*f the ultimate facts are A01 alleged,
the cause of action would be
insufficient.
Section 5. Ca/acit).
Capacit# to sue and be sued
either personall# or in representative
capacit# must be specificall# averred b#
the part# suing or being sued, and
specificall# denied b# the part#
>uestioning such capacit#.
Capacit# is challenged b#
specific denial, motion to dismiss or bill
of particulars.
Section %. !ra,d1 &ista@e1 condition o'
t6e condition
!ACTS T2AT A" 3E AVERRED
GENERALL"*
1. Conditions precedent '3U1 there
must still be an allegation that
the specific condition precedent
has been complied with,
otherwise, it will be dismissed
for failure to state a cause of
action.
%. =alice, intent, nowledge, or
other condition of the mind
&. 4udgments of domestic or
foreign courts, tribunals, boards,
or officers 'no need to show
/urisdiction.
?. 0fficial document or act
!ACTS T2AT UST 3E AVERRED
PARTICULARL"*
1. Circumstances showing fraud or
mistae in all averments of
fraud or mistae
%. Capacit#
2

ACTIONA3LE DOCUENT @ written
instrument upon which the action or
defense is based.
TAo /er&issi(-e Aa)s o' /-eading an
actiona(-e doc,&ent*
1. 3# setting forth the substance of
such document in the pleading
and attaching said document
thereto as an anne" 'contents of
the document anne"ed are
controlling, in case of variance
in the substance of the
document set forth in the
pleading and in the document
attached.$ or
%. 3# setting forth said document
verbatim in the pleading.
;6ere t6e actiona(-e doc,&ent is
/ro/er-) a--eged1 t6e 'ai-,re to
s/eci'ica--) den) ,nder oat6 t6e sa&e
res,-ts in*
1. 1he admission of the
genuineness and due e"ecution
of said document, 5LC5D1 that
an oath is not re>uired!
a. <hen the adverse part# was
not a part# to the
instrument$ and
b. <hen an order for the
inspection of the original
document was not complied
with.
%. 1he document need not be
formall# offered in evidence.
GENUINENESS
1hat the document is not spurious,
counterfeit, or of different import on its
face from the one e"ecuted b# the part#,
or that the part# whose signature it
bears has signed it and that at the time
it was signed it was in words and figures
e"actl# as set out in the pleadings.
DUE E$ECUTION
1hat the document was signed
voluntaril# and nowingl# b# the part#
whose signature appears thereon.
De'enses t6at t6e o//osing /art) &a)
set ,/ even a'ter 'ai-,re to den) ,nder
oat6:
1. =istae$
%. fraud$
&. compromise$
?. pa#ment$
+. prescription$
7. want or illegalit# of
consideration$ or
7. estoppel
3UT t6e 'o--oAing de'enses are
Aaived*
a. forger# in the signature$
b. want of authorit# of an agent or
corporation$
c. want of deliver#$ or
d. the part# charged signed the
instrument in some other
capacit#
Section 1D. S/eci'ic Denia-
T2REE ;A"S O! AFING A SPECI!IC
DENIAL*
1. 3# specificall# den#ing each
material allegation of the other
part# and, whenever possible,
setting forth the substance of
the matters relied upon for such
denial$
%. Dart admission or part denial$
&. 3# an allegation of lac of
nowledge or information
sufficient to form a belief as to
the truth of the averment in the
opposing part#9s pleading 'must
be made in good faith..
( denial must not be general. ( general
denial is regarded as an admission of the
facts stated in the complaint and
entitles plaintiff to a /udgment on the
pleadings.
NEGATIVE PREGNANT @ a form of denial
which at the same time involves an
affirmative implication favorable to the
opposing part#$ *t is in effect, an
admission of the averment to which it is
directed$ *t is said to be a denial
pregnant with an admission of the
2!

substantial facts in the pleading
responded to.
Section 11. A--egation not s/eci'ica--)
denied dee&ed ad&itted.
GENERAL RULE* (llegations A01
specificall# denied deemed admitted
'such as allegations of usur# in the
complaint, and the authenticit# and due
e"ecution of actionable documents..
E$CEPTIONS*
1. (llegations as to the amount of
unli>uidated damages
%. *mmaterial allegations$
&. *ncorrect conclusions of fact.
RULE =
E!!ECT O! !AILURE
TO PLEAD
Section 1. De'enses and o(:ections not
/-eaded.
GENERAL RULE! :efenses and ob/ections
that are not pleaded in a =01*0A 10
:*S=*SS or in the answer are deemed
waived.
E$CEPTIONS 'not waived even if not
raised.!
1. ;ac of /urisdiction over the
sub/ect matter
%. ;itis pendentia
&. 6es /udicata
?. Drescription of the action
1hese defenses ma# be raised at an#
stage of the proceedings even for the
first time on appeal 5LC5D1 that lac of
/urisdiction over the sub/ect matter ma#
be barred b# laches. ',i:am vs.
Si6on5hano(..
1he presence of these grounds
authoriFes the court to motu proprio
dismiss the claims. 1hese grounds must,
however, appear from the pleadings or
the evidence on record.
Section 3.
DE!AULT @ the failure of the defendant
to ansAer within the proper period. *t is
not his failure to appear nor failure to
present evidence.
ORDER O! DE!AULT 4UDGENT 3"
DE!AULT
issued b# the court,
on plaintiff9s motion
for failure of the
defendant to file his
responsive pleading
seasonabl#.
6endered b# the court
following a default
order or after it
received, e" parte,
plaintiff9s evidence.
*nterlocutor# - not
appealable
8inal @ appealable
A0 default ma# be declared in the
following actions!
1. (nnulment of marriage
%. :eclaration of nullit# of
marriage
&. ;egal Separation
?. Special civil actions of certiorari,
prohibition and mandamus where
comment instead of an answer is
re>uired to be filed
1he court cannot motu proprio declare a
defendant in default. 8or defendant to
be declared in default, the plaintiff
must!
1. 8ile a =01*0A to declare
defendant in default
%. Drove that summons have been
properl# served on the
defendant
&. Drove that the defendant reall#
failed to answer within the
proper period.

CAUSES O! DE!AULT
1. 8ailure to answer within the
proper period
%. Aon-compliance with the order
of the court to file a bill of
particulars or in case of
insufficient compliance
therewith '6ule 1%, Section ?.
&. 6efusal to compl# with the
modes of discover# '6ule %9,
Section &, par. c.
?. 8ailure to furnish plaintiff with a
cop# of the answer
*f the defendant was declared in default
upon an original complaint, the filing of
the amended complaint resulted in the
withdrawal of the original complaint,
hence, the defendant was entitled to
2"

file answer to the amended complaint as
to which he was not in default.
E!!ECT O! ORDER O! DE!AULT*
1. <hile the part# in default cannot
tae part in the trial, he is
nonetheless entitled to notice of
subse>uent proceedings.
%. Ee ma# still be called on as a
witness, in behalf of the non-
defaulting defendants.
DE!AULT
PARTIAL DE!AULT*
1. 1he pleading asserting a claim
states a common cause of action
against several defending parties
%. some of the defending parties
answer and the others fail to do
so
&. the answer interposes a common
defense
E!!ECT O! PARTIAL DE!AULT* 1he court
will tr# the case against (;; defendants
upon the answer of some 5LC5D1 where
the defense is personal to the one who
answered, in which case, it will not
benefit those who did not answer.
REED" !RO 4UDGENT 3" DE!AULT
7!LO; C2ART8
E$TENT O! RELIE! TO 3E A;ARDED
IN A
4UDGENT 3" DE!AULT*
Shall not e"ceed the amount 06 be
different in ind from that pra#ed for
A06 award unli>uidated damages.
(fter the
lapse of time
to file an
answer, the
plaintiff ma#
move to
declare the
defendant in
default
=otion denied!
:efendant
allowed to file an
answer
otion granted*
Court issues order
of default and
renders /udgment,
or re>uire plaintiff
to submit evidence
e" parte.
:efendant
answers
3efore /udgment
b# default is
rendered,
defendant ma#!
move to set aside
order of default
upon showing!
8(=5
Ee has a
meritorious
defense
(vail of 6ule 7+ in
proper cases
Court sets aside
order of default and
defendant is allowed
to file an answer
Case set for
pre-trial
Court
maintains
order of
default
Dresentation
of plaintiff9s
evidence e"-
parte
*f plaintiff
proves his
allegations,
/udgment b#
default.
*f plaintiff
fails to prove
his allega-
tions, case is
dismissed.
4udgment b# default
=otion for new trial or reconsideration at
an# time after service of /udgment b#
default and within 1+ '&I. da#s therefrom
8ailure to file motion for new trialJ
:enial of said motion
Derfect appeal from said /udgment b#
default within the balance of said
1+ '&I. - da# period
8ailure to appeal without
defendant9s faul
Detition for relief from /udgment within
7I da#s from notice of the /udgment but
within 7 months from entr# thereof
(nnulment of 4udgment
under 6ule ?7
2#

RULE 1D
AENDED AND SUPPLEENTAL
PLEADINGS
AENDENTS
Section 1. A&end&ents in genera-.
<hen the complaint is amended, %
situations ma# arise!
1. *f the complaint merel# corrects
or modifies the original
complaint, then the action is
deemed commenced upon the
filing of the original complaint$
%. *f the amended complaint
alleges a new cause of action,
then that cause of action is
deemed commenced upon the
filing of the amended
complaint.
Section 0. A&end&ents as a &atter o'
rig6t.
(mendment for the first time is a matter
of right before a responsive pleading is
filed, or in case of a 6epl#, within 1I
da#s after it was served.
Since a motion to dismiss is A01 a
responsive pleading, an amendment ma#
be had even if an order of dismissal has
been issued as long as the amendment is
made before order of dismissal becomes
final.
Section 3. A&end&ents () -eave o'
co,rt.
Instances A6en a&end&ent () -eave o'
co,rt &a) not (e a--oAed*
1. <hen cause of action, defense
or theor# of the case is changed$
%. (mendment is intended to
confer /urisdiction to the court$
&. (mendment to cure a premature
or non-e"isting cause of action$
?. (mendment for purposes of
dela#.
Section %. A&end&ent to con'or& to
or a,t6oriHe /resentation o' evidence.
1
ST
PART* refers to amendment to
conform to evidence when issues A01
raised b# the pleadings are tried with
the e"press or implied consent of the
parties
- but failure to amend does A01 affect
the result of the trial of these issues
0
ND
PART* refers to amendment to
authoriFe presentation of evidence if
evidence is ob/ected to at the trial on
the ground that it is not within the issues
made b# the pleadings.
SUPPLEENTAL PLEADINGS
( cause of action which accrued after
the filing of the original complaint ma#,
in the discretion of the court, be
pleaded in a supplemental complaint if
there was a valid subsisting cause of
action at the time the original complaint
was filed.
AENDED
PLEADING
SUPPLEENTAL
PLEADING
6efers to facts
e"isting at the time of
the commencement
of the action.
6efers to facts arising
after the filing of the
original pleading.
1ae the place of the
original pleading.
1aen together with
the original pleading.
Can be made as a
matter of right as
when no responsive
pleading has #et been
filed
(lwa#s with leave of
court

Section B. !i-ing o' a&ended /-eadings.
1he amended pleading supersedes the
original pleading.
(n amendment which merel#
supplements and amplifies facts
originall# alleged in the complaint
relates bac to the date of the
commencement of the action and is not
barred b# the statute of limitations
which e"pired after service of the
original complaint.
E!!ECT O! AENDED PLEADING*
1. (dmissions in the superseded
pleading can still be received in
evidence against the pleader$
30

%. Claims or defenses alleged
therein but not incorporated or
reiterated in the amended
pleading are deemed waived.
1he amended or superseded, original
pleading is not e"punged but remains on
the record although the admission of the
amended pleading amounts to
withdrawal of the original pleading.
RULE 11
;2EN TO !ILE RESPONSIVE PLEADINGS
AnsAer to t6e co&/-aint
1. <ithin 1+ da#s after service of
summons, UA;5SS a different period
is fi"ed b# the Court 'Sec. 1.

%. *n case the defendant is a foreign
private /uridical entit#!
a. if it has a resident agent @
within 1+ da#s after service
of summons to him
b. if it has no resident agent,
but it has an agent or officer
in the Dhilippines @ within 1+
da#s after service of
summons to said agent or
officer
c. if it has no resident agent
nor agent nor officer @ in
which case service of
summons is to be made on
the proper government
office which will then send a
cop# b# registered mail to
the home office of the
foreign private corporation @
within &I da#s after receipt
of summons b# the home
office of the foreign private
entit#.

&. *n case of service of summons b#
publication @ within the time
specified in the order granting leave
to serve summons b# publication,
which shall A01 be less than 7I da#s
after notice '6ule 1?, Sec.1+..

?. *n case of a non-resident defendant
on whom e"traterritorial service of
summons is made, the period to
answer should be at least 7I da#s.
1he court ma# e"tend the time to file
the pleadings 3U1 ma# A01 shorten
them.
1he 1+-da# period begins to run from
receipt of summons.
Section 3. AnsAer to a&ended
co&/-aint.
1. *f the filing of an amended
complaint is a matter of right -
within 1+ da#s from service of
the amended complaint.
%. *f the filing of the amended
complaint is A01 a matter of
right @ within 1I da#s counted
from notice of the court order
admitting the same.
*f no new answer is filed b# the
defendant in case an amendment has
been made after he had filed his answer,
the original answer of the defendant
ma# serve as the answer to the amended
complaint, and hence, cannot be
declared in default.
Section %. AnsAer to t6ird 7'o,rt61
etc.8>/art) co&/-aint.
1he third-part# defendant is served with
summons /ust lie the original
defendant, hence, he also has 1+, &I, 7I
da#s from service of summons, as the
case ma# be, to file his answer.
Section B. AnsAer to s,//-e&enta-
co&/-aint.
;eave of court is re>uired in filing, the
court ma# fi" a different period for
answering the supplemental complaint in
lieu of the reglementar# 1I-da# period.
Section 1D. O&itted co,nterc-ai& or
cross>c-ai&.
1he pleader ma# set up a counterclaim
or cross-claim b# amendment before
/udgment when he fails to set it up b#
reason of oversight, inadvertence, or
e"cusable neglect ort when /ustice
re>uires. ;eave of court is necessar#%
RULE 10
3ILL O! PARTICULARS
31

3ILL O! PARTICULARS- a more definite
statement of an# matter which appears
vague or obscure in a pleading.
PURPOSE* to aid in the preparation of a
responsive pleading.
=otion for bill of particulars must be
filed within the reglementar# period for
the filing of a responsive pleading. 1he
filing of a motion if sufficient in form
and substance, will interrupt the time to
plead.
1he motion for bill of particulars ma# be
granted in whole or in part as not all the
allegations >uestioned b# the movant
are necessaril# ambiguous as to re>uire
clarification.
( bill of particulars ma# be filed either
in a separate or an amended pleading.
( bill of particulars becomes part of the
pleading which it supplements.
E!!ECTS O! OTION
1. *f the motion is granted, the
movant can wait until the bill of
particulars is served on him b#
the opposing part# and then he
will have the balance of the
reglementar# period within
which to file his responsive
pleading.
%. *f his motion is denied, he will
still have such balance of the
reglementar# period to do so,
counted from service of the
order den#ing his motion. *n
either case, he will have at least
+ da#s to file his responsive
pleading.
E''ect o' non>co&/-iance*
1. *f the 0rder is not obe#ed or in
case of insufficient compliance
therewith, the court!
a. ma# order the striing
out of the pleading or
the portion thereof to
which the order is
directed$ or
b. mae such order as it
ma# deem /ust.
%. *f plaintiff, his compliant will be
stricen off and dismissed '6ule
1%, sec. ?$ 6ule 17, sec. &.
&. *f defendant, his answer will be
stricen off and his counterclaim
dismissed, and he will be
declared in default upon motion
of the plaintiff '6ule 1%, sec. ?$
6ule 17, sec. ?$ 6ule 9, sec. &..

RULE 13
!ILING AND SERVICE O! PLEADINGS1
4UDGENTS AND OT2ER PAPERS
Aotice given to a part# who is dul#
represented b# counsel is a nullit#,
unless service thereof on the part#
himself was ordered b# the court or the
technical defect was waived.
Section 3. anner o' 'i-ing.
1. Dersonall#
%. b# registered mail
8iling b# mail should be through the
registr# service which is made b# deposit
of the pleading in the post office, and
not through other means of
transmission.
*f registr# service is not available in the
localit# of either sender or addressee,
service ma# be done b# ordinar# mail.
*f a private carrier is availed of b# the
part#, the date of actual receipt b# the
court of such pleading and not the date
of deliver# to the carrier, is deemed to
be the date of the filing of that
pleading.
NOTE* D56S0A(; and SU3S1*1U15:
service as applied to pleadings have a
different meaning compared to summons
under 6ule 1?.
ODES O! SERVICE
32

PLEADINGS
1. D56S0A(; S56)*C5
a. :elivering personall# a cop# to
the part# or his counsel or$
b. ;eaving a cop# in counsel9s
office with his cler or with a
person having charge thereof or$
c. ;eaving the cop# between 8 a.m.
and 7 p.m. at the part#9s or
counsel9s residence, if nown,
with a person of sufficient age
and discretion residing therein---
if no person found in his office,
or if his office is unnown, or if
he has no office.
%. S56)*C5 3K =(*;
*f no registr# service is available in the
localit#, of either sender or addressee,
service ma# be done b# ordinar# mail.
&. SU3S1*1U15: S56)*C5
:elivering the cop# to the cler of court
with proof of failure of both personal
and service b# mail.
4UDGENTS1 !INAL ORDERS1
RESOLUTIONS 7Sec.=8
1. 3# personal service$ or
%. 3# registered mail$
&. 3# publication, if part# is
summoned b# publication and
has failed to appear in the
action.
1he# can be served onl# under the three
modes.
1he# C(AA01 be served b# substituted
service.
NOTE* ( resort to modes other than b#
personal service must be accompanied
b# a ;ritten e<planation ;h( the
servi#e or 'ilin5 ;as not &one personall(
'Sec. 11..
Section 1D. Co&/-eteness o' service.
1. Persona- service
a. b# handling a cop# to defendant$
or
b. tendering him cop# if he refuses$
c. complete upon actual deliver#
%. Service () ordinar) &ai-*
Complete upon e"piration of 1I
da#s after mailing, unless the
court provides otherwise.
&. Service () registered &ai-!
a. Complete upon actual receipt b#
the addressee$ or
b. (fter + da#s from the date he
received the 1
st
notice of the
postmaster, whichever date is
earlier.
Section 10. Proo' o' 'i-ing.
8iling is proved b# its e"istence in the
record of the case.
*f it is not in the record, and!
*f filed personall#! proved b# the
written or stamped acnowledgment of
its filing b# the cler of court on a cop#
of the same$ or
*f filed b# registered mail! proved b#
-the registr# receipt and the affidavit of
the person who did the mailing.
Section 13. Proo' o' service
1. Droof of personal service!
a. <ritten admission of the part#
served$ or
b. 0fficial return of the server$ or
c. (ffidavit of the part# serving.

%. Droof of service b# ordinar# mail!
(ffidavit of the person mailing$

&. Droof of service b# registered mail!
a. (ffidavit, and
b. 6egistr# receipt issued b# the
mailing office.
Section 15. Notice o' -is /endens.
LIS PENDENS - a notice of a pendenc# of
the action between the parties involving
title to or right of possession over real
propert#.
*t serves as a warning to all persons,
prospective purchasers or
encumbrancers of the propert# in
litigation to eep their hands off the
propert# in litigation unless the# are
33

prepared to gamble on the result of the
proceedings.
1he defendant ma# also record a notice
of lis pendens when he claims an
affirmative relief in his answer.
Aotice of lis pendens C(AA01 be
cancelled on an e" parte motion or upon
the mere filing of a bond b# the part# on
whose title the notice is annotated, as
section 1? provides that such
cancellation ma# be authoriFed -.71
upon order of court, after proper
showing that!
1. 1he notice is for the purpose of
molesting the adverse part#$ or
%. *t is not necessar# to protect the
rights of the part# who caused it
to be recorded.
RULE 15
SUONS
PURPOSE O! SUONS*
1. to ac>uire /urisdiction over the
person of the defendant, and$
%. to give notice to the defendant
that an action has been
commenced against him.
E!!ECT O! NON>SERVICE* Unless there
is waiver, non-service or irregular service
renders null and void all subse>uent
proceedings and issuances in the action
from the order of default up to and
including the /udgment b# default and
the order of e"ecution.
<here the defendant has alread# been
served with summons on the original
complaint, no further summons is
re>uired on the amended complaint if it
does not introduce new causes of action.
3ut where the defendant was declared in
default on the original complaint and the
plaintiff subse>uentl# filed an amended
complaint, new summons must be served
on the defendant on the amended
complaint, as the original complaint was
deemed withdrawn upon such
amendment.
Section 3. 3) A6o& served.
Summons ma# be served b#!
1. Sheriff
%. Sheriff9s deput#, or
&. 0ther proper court officers, or
?. 8or /ustifiable reasons, b# an#
suitable person authoriFed b#
the court issuing the summons.
En,&eration is E$CLUSIVE.
ALIAS SUONS E issued when original
has not produced its effect because it is
defective in form or manner of service,
and when issued, supersedes the first
'Section +..
FINDS O! SERVICE O! SUONS*
1. personal service
%. substituted service
&. b# publication
*n actions in personam where the
defendant cannot be served with
summons personall# or b# substituted
service, the case must first be converted
into an in rem or >uasi in rem action b#
attaching the propert# of the defendant
found in the Dhilippines before summons
can be served b# publication. *f no
propert# can be found, the action shall
be archived but shall not be dismissed.
(Citi=ens Suret( vs. Court !ppeals"
SERVICE O! SUONS ON DI!!ERENT
ENTITIES
Servi#e on entit(
;>o :uri&i#al
personalit(
Upon an# or all
defendants being sued
under common name$ or
person in charge of office
Service upon
minors and
incompetents
*n case of minors! b#
serving upon the minor,
regardless of age, (A:
upon his legal guardian, or
also upon either of his
parents.
*n case of incompetents!
b# serving on him
personall# (A: upon his
legal guardian, but not
upon his parents, unless
when the# are his legal
guardians
*A (AK 5)5A1, if the
34

minor or incompetent has
no legal guardian, the
plaintiff must obtain the
appointment of a guardian
ad litem for him.
Service upon
prisoner
Serve on officer having
management of the /ail or
prison
Service upon
domestic private
/uridical entit#
5A1*1K
1o the president,
managing partner, general
manager, corporate
secretar#, treasurer, or in-
house counsel.
A015! Service upon a
person other than those
mentioned is invalid and
does not bind the
corporation. 1he
enumeration is
5LC;US*)5.
Service upon
foreign private
/uridical entit#
Serve on resident agent $
or if none$ on gov9t
official designated b# law$
or
on an# officer or agent of
the corporation within the
Dhilippines.
Service upon
public
corporations
in case defendant is the
6epublic of the Dhilippines
- b# serving upon the
Solicitor 2eneral
in case of a province, cit#
or municipalit#, or lie
public corporations @ b#
serving on its e"ecutive
head, or on such other
officer or officers as the
law or the court ma#
direct.
5"traterritorial
service
6e>uisites
a. defendant does
not reside or is
not found within
the Dhil.
b. he action either!
affects the personal
status of plaintiff$
relates to or the
sub/ect of which is
propert# within the
Dhilippines in
which defendant
has a lien or
interest$
demands a relief
which consists
wholl# or in part in
e"cluding the
defendant from
an# interest in an#
propert# within the
Dhil$ or
propert# of
defendant has
been attached in
the Dhil.
ode o' service
a. with leave of court
served outside the
Dhil. 3# personal
service$ or
b.with leave of court
serve b# publication
in a newspaper of
general circulation,
in which case cop# of
the summons and
order of court must
also be sent b#
registered mail to
the last nown
address of
defendant$ or
c. an# other manner the
court deem
sufficient.
Service upon a
resident
temporaril# out of
the Dhil.
Substituted service or
with leave of court,
personal service out of
the Dhil. as under
e"traterritorial service
Service upon an
unnown
defendant or
whose
whereabouts are
unnown

<ith leave of court, b#
publication in a
newspaper of general
circulatiuon

Section 0D. Vo-,ntar) a//earance.
(n# form of appearance in court, b# the
defendant, b# his agent authoriFed to do
so, or b# attorne#, is e>uivalent to
service of summons 5LC5D1 where such
appearance is precisel# to ob/ect to the
/urisdiction of the court over the person
of the defendant.
*nclusion in a motion to dismiss of other
grounds aside from lac of /urisdiction
35

over the person of the defendant shall
A01 be deemed a voluntar#
appearance.
RULE 1%
OTIONS
OTION @ is an application for relief
other than b# a pleading.
GENERAL RULE* =otions must be in
writing.
E$CEPTION* 1hose made in open court
or in the course of hearing or trial.
FINDS O! OTIONS
a. motion !- PART! - made without the
presence or a notification to the
other part# because the >uestion
generall# presented is not
debatable.
b. motion O. CO/RS! @ where the
movant is entitled to the relief or
remed# sought as a matter of
discretion on the part of the court.
c. 0(T(1AT!" motion @ one made with
notice to the adverse part# to give
an opportunit# to oppose.
d. SP!C(A 0 motion- motion addressed
to the discretion of the court.
GENERAL RULE! ( motion cannot pra#
for /udgment.
E$CEPTIONS*
1. =otion for /udgment on the
pleadings
%. =otion for summar# /udgment
&. =otion for /udgment on
demurrer to evidence.
Section 5. 2earing on &otion.
3>DA" NOTICE RULE
GENERAL RULE* Service of the cop# of
motions should be made in such a
manner as shall ensure its re#eipt at
least & da#s before the hearing.
E$CEPTIONS*
1. 5" parte motions
%. Urgent motions
&. =otions agreed upon b# the
parties to be heard on shorter
notice or /ointl# submitted b#
the parties, and
?. =otions for summar# /udgment
which must be served at least 1I
da#s before its hearing
+. Aon-litigated motions.
Section %. Notice o' 6earing.
A01*C5 08 E5(6*A2 shall!
1. 3e addressed to all parties
concerned
%. Specif# the time and date of the
hearing which must not be later
than 1I da#s after the filing of
the motion
NOTE* (n# motion that does not compl#
with Sections ?, + and 7 of this 6ule is a
mere scrap of paper, should not be
accepted for filing and, if filed, is not
entitled to /udicial cogniFance and does
not affect an# reglementar# period
involved for the filing of the re>uisite
pleading.
O&ni(,s otion R,-e - (ll available
grounds for ob/ection in attacing a
pleading, order, /udgment, or proceeding
should be invoed at one time,
otherwise, the# shall be deemed
waived.
otion 'or -eave to file a pleading or
motion shall be accompanied b# the
pleading or motion sought to be
admitted, otherwise, the latter will be
denied.

RULE 1+
OTION TO DISISS
A otion to Dis&iss is NOT a responsive
pleading.
Section 1. Gro,nds.
1. Ao /urisdiction over the person
of the defending part#
%. Ao /urisdiction over the sub/ect
matter of the claim
&. *mproper venue
?. Ao legal capacit# to sue
+. ;itis pendentia
7. 6es /udicata
3

7. Drescription
8. States no cause of action
9. Claim or demand has been paid,
waived, abandoned, or otherwise
e"tinguished
1I. Claim is unenforceable under the
Statute of 8rauds
11. Aon-compliance with a condition
precedent for filing claim

OTION TO DISISS
UNDER RULE 1+
OTION TO DISISS
UNDER RULE 33
7de&,rrer to
evidence8
2rounded on
preliminar#
ob/ections.
based on insufficienc#
of evidence.
ma# be filed b# an#
defending part#
against whom a claim
is asserted in the
action.
=a# be filed onl# b#
the defendant against
the complaint of the
plaintiff.
should be filed within
the time for but prior
to the filing of the
answer of the
defending part# to the
pleading asserting the
claim against him.
=a# be filed onl# after
the plaintiff has
completed the
presentation of his
evidence.
*f denied, defendant
answers, or else he
ma# be declared in
default
*f granted, plaintiff
ma# appeal or if
subse>uent case is not
barred, he ma# re-file
the case
*f denied, defendant
ma# present evidence
if granted, plaintiff
appeals and the 0rder
of the dismissal is
reversed, the
defendant loses his
right to present
evidence.

E''ect o' &otion to dis&iss* ( motion to
dismiss h#potheticall# admits the truth
of the facts alleged in the complaint.
Eowever, such admission is limited onl#
to all material and relevant facts which
are well pleaded in the complaint.
(n action cannot be dismissed on a
ground not alleged in the motion even if
said ground is provided for in 6ule 17.
E$CEPT*
1. 1hose cases where the court ma#
dismiss a case motu proprio
'Sec. 1, 6ule 9.
%. Such ground appears in the
allegations of the complaint or in
plaintiff9s evidence
RE#UISITES O! LITIS PENDENTIA
1. Darties to the action are the
same
%. 1here is substantial identit# in
the cause of action and relief
sought
&. 1he result of the first action is
determinative of the second in
an# event and regardless of
which part# is successful
=otion to dismiss ma# be filed in either
suit, not necessaril# in the one instituted
first.
RE#UISITES O! RES 4UDICATA
1. Drevious final /udgment
%. 4urisdiction over the sub/ect
matter and the parties b# the
court rendering it
&. 4udgment upon the merits
?. *n a case prosecuted between
same parties
+. *nvolving the same sub/ect
matter
7. Same cause of action
1here could be res /udicata without a
trial, such as in a /udgment on the
pleadings '6ule &?.$ a summar#
/udgment '6ule &+.$ or an order of
dismissal under Section & of 6ule 17.
<hen the ground for dismissal is that the
complaint states no cause of action,
such fact can be determined onl# from
the facts alleged in the complaint.
<here the plaintiff has not e.6a,sted
a-- ad&inistrative re&edies, the
complaint not having alleged the fact of
such e"haustion, the same ma# be
dismissed for failure to state a cause of
action.
3!

Aon-compliance with P.D. 1%DC
7Hatarungang Dambaranga# ;aw. ma#
result to dismissal of the case on the
ground of non-compliance with a
condition precedent.
(n action cannot be dismissed on the
ground that the complaint is vague or
indefinite. 1he remed# of the defendant
is to move for a bill of particulars or
avail of the proper mode of discover#.
GENERAL T"PES O! A OTION TO
DISISS
1. motion to dismiss before answer
under 6ule 17
%. motion to dismiss under 6ule 17
a. upon notice b# plaintiff
b. upon motion of plaintiff
c. due to fault of plaintiff
&. motion to dismiss on demurrer to
evidence after plaintiff has rested
his case under 6ule &&
?. motion to dismiss the appeal filed
either in the lower court '6ule
?1,Sec. 1&. or in the appellate
court '6ule +I, Sec.1 ..
E!!ECTS O!
ACTION ON TD
REED"
0rder granting motion
to dismiss is final
order
(ppeal from the order
of dismissal
0rder den#ing the
motion to dismiss is
interlocutor#
Certiorari and
prohibition if there is
grave abuse of
discretion amounting
to lac or e"cess of
/urisdiction under 6ule
7+
Section 5. Ti&e to /-ead.
:efendant is granted onl# the balance of
the reglementar# period to which he was
entitled at the time he filed his motion
to dismiss, counted from his receipt of
the denial order, but not less than + da#s
in an# event.
1he same rule of granting onl# the
balance of the period is followed where
the court, instead of den#ing the motion
to dismiss, orders the amendment of the
pleading challenged b# the motion, in
which case, the balance of the period to
answer runs from his receipt of the
amended pleading.
Section %. E''ect o' dis&issa-
GENERAL RULE! 1he action or claim ma#
be refiled.
E$CEPTION* 1he action cannot be
refiled if it was dismissed on an# of
these grounds!
1. 6es /udicata$
%. Drescription$
&. 5"tinguishment of the claim
or demand$
?. Unenforceabilit# under the
Statute of 8rauds.
Section +. P-eading gro,nds as
a''ir&ative de'enses.
*f no motion to dismiss had been filed,
an# of the grounds for dismissal provided
for in 6ule 17, *AC;U:*A2 *=D60D56
)5AU5, ma# be pleaded as affirmative
defenses and preliminaril# heard in the
discretion of the court.
:ismissal under this section @ <*1E0U1
pre/udice to the prosecution in the same
or separate action of a C0UA156C;(*=
pleaded in the answer
RULE 1B
DISISSAL O! ACTIONS
Section 1. Dis&issa- ,/on notice ()
/-ainti''.
:ismissal is effected not b# motion but
b# mere A01*C5 of dismissal which is a
matter of right 358065 the defendant
has answered or moved for a summar#
/udgment.
3ut notice of dismissal re>uires an order
of the court confirming the dismissal.
Such dismissal is ;IT2OUT PRE4UDICE1
E$CEPT!
1. <here the notice of dismissal so
provides$
%. <here the plaintiff has previousl#
dismissed the same case in a
3"

court of competent /urisdiction
'T;O>DISISSAL RULE.$
&. 5ven where the notice of dismissal
does not provide that it is with
pre/udice but it is premised on
the fact of pa#ment b# the
defendant of the claim
involved.
Section 0. Dis&issa- ,/on &otion o'
/-ainti''.
<here the plaintiff moves for the
dismissal of his complaint to which a
counterclaim has been interposed, the
dismissal shall be limited to the
complaint.
Such dismissal shall be without pre/udice
to the right of the defendant to either!
1. Drosecute his counterclaim in a
separate action,
*n this case, the court should
render the corresponding order
granting and reserving his right
to prosecute his claim in a
separate complaint.
>OR>
%. 1o have the same resolved in the
same action.
*n such case, defendant must
manifest such preference to the
trial court within 1+ da#s from
notice to him of plaintiff9s
motion to dismiss.
1hese alternative remedies of the
defendant are available to him
652(6:;5SS 08 <E51E56 E*S
C0UA156C;(*= *S C0=DU;S06K 06
D56=*SS*)5.
Dis&issa- ,nder t6is r,-e is ;IT2OUT
PRE4UDICE1 5LC5D1!
1. <hen otherwise stated in the
motion to dismiss$
%. <hen stated to be with
pre/udice in the order of the
court.
1he approval of the court is necessar# in
the dismissal or compromise of a class
suit.
Section 3. Dis&issa- d,e to 'a,-t o'
/-ainti''.
CAUSES !OR DISISSAL
1. Dlaintiff fails to appear for no
/ustifiable cause on the date of
the presentation of his evidence
in chief on the complaint
2. Dlaintiff fails to prosecute his
action for an unreasonable
length of time '.-772
P-S2?04"
3. Dlaintiff fails to compl# with
these 6ules or an# order of the
court. Un/ustifiable inaction on
the part of plaintiff to have the
case set for trial is a ground for
dismissal for 'ai-,re to
/rosec,te.
Complaint ma# be dismissed
1. Upon motion of the defendant,
or
%. Upon court9s own motion.
Dis&issa- s6a-- 6ave t6e e''ect o' an
AD4UDICATION UPON T2E ERITS
7;IT2 PRE4UDICE81 ,n-ess ot6erAise
dec-ared () t6e co,rt.

SECTION 0 SECTION 3
:ismissal is at the
instance of the
plaintiff$
:ismissal is not
procured b# plaintiff
though /ustified b#
causes imputable to
him$
:ismissal is a matter
of procedure, without
pre/udice unless
otherwise stated in
the order of the court
or on plaintiff9s
motion to dismiss his
own complaint$
:ismissal is a matter
of evidence, an
ad/udication on the
merits$
:ismissal is without
pre/udice to the right
of the defendant to
prosecute his
:ismissal is without
pre/udice to the right
of the defendant to
prosecute his
3#

counterclaim in a
separate action unless
wJin 1+ da#s from
notice of the motion
he manifests his
intention to have his
counterclaim resolved
in the same action
counterclaim on the
same or separate
action.
RULE 1C
PRE>TRIAL
PRE>TRIAL- a mandator# conference and
personal confrontation before the /udge
between the parties and their respective
counsel.
1he plaintiff must promptl# move e"
parte that the case be set for pre-trial ,
and this he must do upon the service and
filing of the last pleading.
1he pre-trial and trial on the merits of
the case must be held on separate
dates.
;6en non>a//earance o' a /art) &a)
(e e.c,sed 7Sec.58*
1. *f a valid cause is shown
therefore
%. *f a representative shall appear
in his behalf full# authoriFed in
writing to!
a. 5nter into an amicable
settlement
b. Submit to alternative modes
of dispute resolution
c. 5nter into stipulations or
admissions of facts and of
documents
( special authorit# for an attorne# to
compromise is re>uired under Sec. 031
R,-e 13C. Under Art. 1CBC 7c8 o' t6e
Civi- Code, a special power of attorne#
is re>uired.
E!!ECT O! NON>APPEARANCE O!
PLAINTI!!!
Cause for dismissal of the action, with
pre/udice, unless otherwise ordered b#
the court.
E!!ECT O! NON>APPEARANCE O!
DE!ENDANT*
Cause to allow the plaintiff to present
evidence e" parte and the court to
render /udgment on the basis thereof.
Pre>tria- (rie'. *t is the mandator# dut#
of the parties to seasonabl# file their
pre-trial briefs under the conditions and
with the sanctions provided therein.
8ailure to file pre-trial brief has the
same effect as failure to appear at the
pre-trial.
Record o' /re>tria-. 1he contents of the
D65-16*(; order shall control the
subse>uent course of the action, UA;5SS
modified before trial to prevent
manifest in/ustice.
( part# is deemed to have waived the
delimitations in a pre-trial order if he
failed to ob/ect to the introduction of
evidence on an issue outside of the pre-
trial order, as well as in cross-e"amining
the witness in regard to said evidence.
@- C+!, -. P28,4!7 P7S. S22 ,+2 .2A,
P!G2.
40

RULE 1=
INTERVENTION
;2O &a) interveneI
1. 0ne who has legal interest in the
matter in litigation
%. 0ne who has legal interest in the
success of either of the parties,
&. 0ne who has an interest against
both parties
?. 0ne who is so situated as to be
adversel# affected b# a
distribution or other disposition
of propert# in the custod# of the
court or of an officer thereof.
!ACTORS TO 3E CONSIDERED 3" T2E
COURT
1. <hether or not the intervention
will undul# dela# or pre/udice
the ad/udication of the rights of
the original parties$
%.
<hether or not the intervenor9s
rights ma# be full# protected in
a separate proceeding.
1he interest which entitles a person to
intervene in a suit must be on the
matter in litigation and of such direct
and immediate character that the
intervenor will either gain or lose b# the
direct legal operation and effect of the
/udgment.
INTERVENTION INTERPLEADER
(n ancillar# action. (n original action.
PRE>TRIAL
(micable
Settlement
8ailure to (ppear
*f plaintiff is
(bsent, when
so re>uired to
attend, the
court ma#
dismiss the
case
Co,rt
renders
decision
*f evidence is insufficient to
prove plaintiff9s cause of
action or defendant9s
counterclaim, court rules in
favor of either one or
dismisses the case
Ao
Settlement
TRIAL
(greements
made b# parties$
(mendments to
pleading$
Schedule of trial
*f defendant
is absent,
court ma#
hear evidence
of plaintiff
e" parte
41

Droper in an# of the
four situations
mentioned in this
6ule.
Dresupposes that the
plaintiff has no
interest in the sub/ect
matter of the action
or has an interest
therein, which in
whole or in part, is not
disputed b# the other
parties to the action.
:efendants are
alread# original
parties to the pending
suit
:efendants are being
sued precisel# to
implead them
Section 0. Ti&e to intervene.
(t an# time before rendition of
/udgment b# the trial court.
4USTI!ICATION* 3efore /udgment is
rendered, the court, for good cause
shown, ma# still allow the introduction
of additional evidence and that is still
within the liberal interpretation of the
period for trial.
Since no /udgment has #et been
rendered, the matter sub/ect of the
intervention ma# still be readil# resolved
and integrated in the /udgment disposing
of all claims in the case.
REEDIES !OR T2E DENIAL O!
INTERVENTION*
1. !PP2!7
%. M!.3!M0S if there is grave
abuse of discretion
*f there is improper granting of
intervention, the remed# of the part# is
certiorari.
RULE 01
SU3POENA
SU3POENA SUONS
an order to appear and
testif# or to produce
boos and documents
0rder to answer
complaint
ma# be served to a
non-part#
Served on the
defendant
needs tender of
ilometrage,
attendance fee and
does not need tender
of ilometrage and
other fees
reasonable cost of
production fee

SU3POENA AD TESTI!ICANDU @ a
process directed to a person re>uiring
him to attend and to testif# at the
hearing or the trial of an action, or at
an# investigation conducted b#
competent authorit#, or for the taing of
his deposition.
SU3POENA DUCES TECU @ a process
directed to a person re>uiring him to
bring with him boos, documents, or
other things under his control.
Section 0. 3) A6o& iss,ed
;2O &a) iss,e
1. Court before whom the witness
is re>uired to attend
%. Court of the place where the
deposition is to be taen
&. 0fficer or bod# authoriFed b#
law to do so in connection with
investigations conducted b# said
officer or bod#
?. (n# 4ustice of the SC or of the
C( in an# case or investigation
pending within the Dhilippines.
SU3D05A( 10 ( D6*S0A56 @ must be for a
valid purpose$ if prisoner re>uired to
appear in court is sentenced to death,
reclusion perpetua or life imprisonment
and is confined in prison @ must be
authoriFed b# the SC.
Section 5. #UAS2ING A SU3POENA.
(. S,(/oena DUCES TECU ma# be
>uashed upon proof that!
1. *t is unreasonable and
oppressive$
%. 1he articles sought to be
produced do not appear prima
facie to be relevant to the
issues$
&. 1he person asing for the
subpoena does not advance the
cost for the production of the
articles desired.
3. S,(/oena AD TESTI!ICANDU ma# be
>uashed if the witness is not bound
thereb#.
42

*n 5*1E56 case, the subpoena ma# be
>uashed for failure to tender the witness
fees and ilometrage allowed () t6e
R,-es.
GENERAL RULE
a. 1he court which issued the
subpoena ma# issue a warrant
for the arrest of the witness and
mae him pa# the cost of such
warrant and seiFure, if the court
should determine that his
disobedience was willful and
without /ust cause 'Sec. 8.$
b. 1he refusal to obe# a subpoena
without ade>uate cause shall be
deemed a contempt of the court
issuing it 'Sec.9..
E.ce/tions*
Drovisions regarding the compelling of
attendance 'Sec. 8. and contempt 'Sec.
9. does not appl# where!
a. <itness resides more than 1II
m from his residence to the
place where he is to testif# b#
the ordinar# course of travel,
generall#, b# overland
transportation 7VIATOR" RIG2T8.
b. Dermission of the court in which
the detention prisoner9s case is
pending was not obtained.

RULES O! DISCOVER"
DISCOVER" - is the procedure b# which
one part# in an action is enabled to
obtain before trial nowledge of relevant
facts and of material evidence in the
possession of the adverse part# or of a
witness.
Rationa-e o' discover)* to enable the
parties to obtain the fullest possible
nowledge of the issues and evidence
long before the trial to prevent such trial
from being carried on in the dar.
odes o' discover) ,nder t6e R,-es o'
Co,rt
1. :epositions pending action '6ule
%&..
%. :epositions before action or
pending appeal '6ule %?..
&. *nterrogatories to parties '6ule
%+..
?. (dmission b# adverse part# '6ule
%7..
+. Droduction or inspection of
documents, or things '6ule %7..
7. Dh#sical and mental e"amination
of persons '6ule %8..
Discover) (e'ore ansAer.
*t is onl# in the e"ceptional or unusual
case that the need for discover# arises,
or that it should be allowed before
service of answer.
=odes of :iscover# are intended to be
CU=U;(1*)5, and not alternative nor
mutuall# e"clusive.
:iscover# is A01 =(A:(106K but failure
to avail carries sanctions in R,-es 0% and
0+.
RULE 03
DEPOSITIONS PENDING ACTION
DEPOSITION @ is a written testimon# of a
witness given in the course of a /udicial
proceeding in advance of the trial or
hearing upon oral e"amination or in
response to written interrogatories and
where an opportunit# is given for cross-
e"amination.
:epositions are intended as a means to
compel disclosure of facts resting in the
nowledge of a part# or other person,
which are relevant in a suitJproceeding.
CLASSI!ICATIONS O! DEPOSITIONS
1. :epositions on 06(;
5L(=*A(1*0A and :epositions
upon <6*115A *A156602(106*5S
%. :epositions "! B!N! !SS! -
those taen for purposes of a
pending action '6ule %&. $ and
&. :epositions (N P!RP!T/A2 R!(
2!2OR(A2 - those taen to
perpetuate evidence for
purposes of anticipated action,
or in the event of further
proceedings in a case on appeal,
and to preserve it against danger
of loss '6ule %?..
43

;2EN TAFEN
<*1E ;5()5 08 C0U61
1. after /urisdiction has been
obtained over an# defendant or
over the propert# which is the
sub/ect of the action and
358065 answer.
%. :eposition of a person confined
in prison.
<*1E0U1 ;5()5 08 C0U61
(8156 answer (A: deponent is not
confined in prison.
Section 5. Use o' de/ositions.
<here the witness is available to testif#
and the situation is not one of those
e"cepted under Sec. ?, his deposition is
inadmissible in evidence and he should
be made to testif#.
*t can be used as evidence b# a part# for
an# purpose under the specific
conditions in Sec. ?.
DEPONENT USE
(n# person 3# an# part# for
contradicting or
impeaching the
testimon# of deponent
as witness
( part# or an# one
who at the time of
the deposition was
an 088*C56,
:*65C106, or
=(A(2*A2 (25A1 of
a public or private
corp., partnership,
or association which
is a part#
3# an adverse part# for
an# purpose
<itness, whether or
not a part#
3# an# part# for an#
purpose if the court
finds the + instances
occurring

SCOPE O! IN#UIR" IN DEPOSITIONS*
1. =atter which is relevant to the
sub/ect of the pending action$
%. Aot privileged
&. Aot restricted b# a protective
order
Certiorari will not lie against an order
admitting or re/ecting a deposition in
evidence, the remed# being an appeal
from the final /udgment.
Section B. E''ect o' ta@ing de/ositions.
( part# shall not be deemed to mae a
person his own witness for an# purpose
b# taing his deposition because
depositions are taen for discover# and
not for use as evidence.
E.ce/tion* *f a part# offers the
deposition in evidence, then he is
deemed to have made the deponent his
witness 7Sec.C8
E.ce/tion to t6e E.ce/tion* Unless the
deposition is that of an# adverse part#,
and unless, of course, the deposition is
used for impeaching or contradicting the
deponent 7Sec.C8.
Section 1D and 11. Persons (e'ore
A6o& de/ositions &a) (e ta@en.
;IT2IN T2E P2ILIPPINES*
1. /udge
%. notar# public
&. an# person authoriFed to
administer oaths, as stipulated
b# the parties in writing
OUTSIDE T2E P2ILIPPINES*
1. on notice, before a secretar# of
embass# or legation, consul
general, consul, vice-consul, or
consular agent of the Dhil.
%. before such person or officer as
ma# be appointed b# commission
or letters rogator#
&. an# person authoriFed to
administer oaths, as stipulated
b# the parties in writing
Section 10. Co&&ission or -etters
rogator).
COISSION LETTERS ROGATOR"
*ssued to a non- *ssued to the
44

/udicial foreign officer
who will directl# tae
the testimon#
appropriate /udicial
officer of the foreign
countr# who will direct
somebod# in said
foreign countr# to tae
down testimon#
(pplicable rules of
procedure are those of
the re>uesting court
(pplicable rules of
procedure are those of
the foreign court
re>uested to act
6esorted to if
permission of the
foreign countr# is
given
6esorted to if the
e"ecution of the
commission is refused in
the foreign countr#
;eave of court is not
necessar#
;eave of court is
necessar#
Section 1C. otion to ter&inate or
-i&it e.a&ination.
A" 3E !ILED*
1. an# time during the taing of the
deposition
%. on motion or petition of an#
part# or of the deponent$ or
&. upon showing that the
e"amination is conducted in !
a. bad faith
b. in such manner as
unreasonabl# to anno#,
embarrass, or oppress
the deponent or part#
RULE 05
DEPOSITIONS 3E!ORE ACTION OR
PENDING APPEAL
:epositions under this 6ule are also
taen conditionall#, to be used at the
trial onl# in case the deponent is not
available.
:epositions under this 6ule do not prove
the e"istence of an# right and the
testimon# perpetuated is not in itself
conclusive proof, either of the e"istence
of an# right nor even of the facts to
which the# relate, as it can be
controverted at the trial in the same
manner as though no perpetuation of
testimon# was ever had. Eowever, in the
absence of an# ob/ection to its taing,
and even if the deponent did not testif#
at the hearing, the perpetuated
testimon# constitutes prima 'a#ie proof
of facts referred to in the deposition.
Section +. Use o' de/osition.
*f deposition is taen under this 6ule, it
ma# be used in an# action involving the
S(=5 SU345C1 =(1156 subse>uentl#
brought.
Section B. De/ositions /ending a//ea-.
Sec. 7 is the procedure in perpetuating
testimon# (8156 4U:2=5A1 *A 1E5 61C
and :U6*A2 1E5 D5A:5ACK 08 (A
(DD5(;.
RULE 0%
INTERROGATORIES TO PARTIES
DU6D0S5 of <ritten *nterrogatories! to
elicit facts from an# adverse part#
'answers ma# also be used as admissions
of the adverse part#.
<ritten interrogatories and the answers
thereto must both be 8*;5: and S56)5:.

Interrogatories 3i-- o' Partic,-ars
( part# ma# properl#
see disclosure of
matters of proof
which ma# later be
made a part of the
records as evidence.
( part# ma# properl#
see disclosure onl# of
matters which define
the issues and become
a part of the
pleadings.

( part# ma# serve written
interrogatories!
1. <*1E0U1 ;5()5 08 C0U61 @
after answer has been served,
for the first set of
interrogatories.
%. <*1E ;5()5 08 C0U61 @ before
answer has been served
'65(S0A! at that time, the
issues are not #et /oined and the
disputed facts are not #et clear,
when more than one set of
interrogatories is to be served..
( /udgment b# default ma# be rendered
against a part# who fails to answer
written interrogatories
45

0nl# one set of interrogatories b# the
same part# is allowed. ;eave of court is
necessar# for succeeding sets of
interrogatories.
Section +. E''ect o' 'ai-,re to serve
Aritten interrogatories.
6ule %+ and 6ule %7 are directed to the
part# who fails and refuses to 65S061 to
the discover# procedures, and should not
be confused with the provisions of 6ule
%9 which provides for sanctions or other
conse>uences upon a part# who refuses
or fails to C0=D;K with discover#
procedures dul# availed of b# opponent.
1he /ustification for this provision is that
the part# in need of relevant facts
having foregone the opportunit# to
in>uire into the same from the other
part# through means available to him, he
should not thereafter be permitted to
undul# burden the latter with courtroom
appearances or other cumbersome
processes.
Unless a part# had been served written
interrogatories, he ma# not be
compelled b# the adverse part#!
1. to give testimon# in open court,
or
%. give a deposition pending
appeal.
1he onl# e.ce/tion is when the court
allows it for 200: C(US5 shown and to
prevent a failure of /ustice.
De/ositions U/on
;ritten
Interrogatories to
Parties ,nder R,-e
03 Sec. 0%
Interrogatories to
Parties ,nder R,-e
0%
(s to :eponent
Dart# or ordinar#
witness
(s to :eponent
part# onl#
(s to Drocedure
<ith intervention of
the officer authoriFed
b# the Court to tae
deposition
(s to Drocedure
no intervention.
<ritten interrogatories
are directed to the
part# himself
(s to Scope
:irect, cross, redirect,
re-cross
(s to Scope
onl# one set of
interrogatories
*nterrogatories
no fi"ed time
*nterrogatories
1+ da#s to answer
unless e"tended or
reduced b# the court

RULE 0+
ADISSION 3" ADVERSE PART"
Section 1. Re9,est 'or ad&ission.
DU6D0S5 08 written re>uest for
admission is to e"pedite trial and relieve
the parties of the costs of proving facts
which will not be disputed on trial and
the truth of which can be ascertained b#
reasonable in>uir#.
<hen re>uest ma# be made! at an# time
after the issues have been /oined.
;6at re9,est &a) inc-,de
1. (dmission of the genuineness of
an# material and relevant
document described in and
e"hibited with the re>uest.
%. (dmission of the truth of an#
material and relevant matter of
fact set forth in the re>uest.
&. Under this rule, a matter of fact
not related to an# documents
ma# be presented to the other
part# for admission or denial.
Section 0. I&/-ied Ad&ission.
1he effect of a 8(*;U65 to mae a repl#
to a re>uest for admission is that each of
the matters of which an admission is
re>uested is deemed admitted.
( sworn statement either den#ing
specificall# each matter or setting forth
in detail the reasons wh# he cannot
truthfull# admit or den# those matters
4

must be filed and served upon the part#
re>uesting the admission.
Section 3. E''ect o' ad&ission.
US5! (n admission under this section is
for the purpose of the pending action
onl# and cannot be used in other
proceedings.
1he part# who fails or refuses to re>uest
the admission of facts in >uestion is
prevented from thereafter presenting
evidence thereon UA;5SS otherwise
allowed b# the court 7Sec.%8.

RULE 0B
PRODUCTION OR INSPECTION O!
DOCUENTS OR T2INGS
Droduction of documents affords more
opportunit# for discover# than a
subpoena duces tecum because in the
latter, the documents are brought to the
court for the first time on the date of
the scheduled trial wherein such
documents are re>uired to be produced.
1he TEST to be applied in determining
the relevanc# of the document and the
sufficienc# of their description is one of
reasonableness and practicalit#.
PRODUCTION OR
INSPECTION O!
DOCUENTS OR
T2INGS
SU3POENA DUCES
TECU
5ssentiall# a mode of
discover#
means of compelling
production of evidence
1he 6ules is limited to
the parties to the
action
ma# be directed to a
person whether a
part# or not
1he order under this
6ule is issued onl#
upon motion with
notice to the adverse
part#
ma# be issued upon an
e" parte application.

RULE 0C
P2"SICAL AND ENTAL E$AINATION
O! PERSONS
1he &enta- condition of a part# is in
controvers# in proceedings for
2U(6:*(ASE*D over an imbecile or
insane person, while the /6)sica-
condition of the part# is generall#
involved in DEKS*C(; *A4U6*5S cases.
Since the results of the e"amination are
intended to be made public, the same
are not covered b# the ph#sician-patient
privilege.
Section 5. ;aiver o' /rivi-ege.
<here the part# e"amined re>uests and
obtains a report on the results of the
e"amination the conse>uences are!
1. he has to furnish the other part#
a cop# of the report of an#
previous or subse>uent
e"amination of the same
ph#sical and mental condition,
(A:
%. he waives an# privilege he ma#
have in that action or an# other
involving the same controvers#
regarding the testimon# of an#
other person who has so
e"amined him or ma# thereafter
e"amine him.
RULE 0=
RE!USAL TO COPL" ;IT2 ODES O!
DISCOVER"
SANCTIONS
1. Contempt$
%. Da#ment of reasonable fees$
&. 1he matters regarding which the
>uestions were ased, character
or description of land et al., be
taen to be in accordance with
the claim of part# obtaining the
order$
?. Drohibition on the refusing part#
to produce evidence or support
or oppose designated claims or
defenses$
+. Striing out pleadings, order the
dismissal of the action or sta#
the action until compliance or to
render /udgment b# default.
7. 0rder the arrest of the refusing
part# e"cept in cases of ph#sical
or mental e"amination.
RULE 3D
4!

TRIAL
TRIAL @ /udicial process of investigating
and determining the legal controversies
starting with the production of evidence
b# the plaintiff and ending with his
closing arguments.
GENERAL RULE* when an issue e"ists,
trial is necessar#. :ecision should not be
made without trial.
E$CEPTIONS* when there ma# be
/udgment without trial!
1. 4udgment on the Dleading
'6ule &?.
%. Summar# 4udgment '6ule &+.
&. 4udgment on Compromise
?. 4udgment b# Confession
+. :ismissal with Dre/udice
'6ule 17.

Section 3. Re9,isites o' &otion to
/ost/one tria- 'or a(sence o' evidence.
1here must be an affidavit showing!
1. materialit# or relevance of such
evidence$ and
%. due diligence in procuring it.
*f the adverse part# admits the facts for
which evidence is to be presented, the
trial will not be postponed.
Section 5. Re9,isites o' &otion to
/ost/one
tria- 'or
i--ness o'
/art) or co,nse-.
1here
must
be an affidavit or sworn certification
showing!
1. presence of part# or counsel at
the trial is indispensable$ and
%. character of his illness is such as
to render his non-attendance
e"cusable.
Section %. Order o' tria- ,n-ess
directed () t6e co,rt.
Unless the court for special reasons
otherwise directs, the trial shall be
limited to the issues stated in the pre-
trial order.
Section +. Agreed state&ents o' 'acts.
1his is nown as S1*DU;(1*0A 08 8(C1S
and is among the purposes of a pre-trial.
1he parties ma# also stipulate verball# in
open court. Such stipulations are binding
unless relief therefrom is permitted b#
the court on good cause shown, such as
error or fraud.
3ut counsel cannot stipulate on what
their respective 5)*:5AC5 consists of
and as that /udgment be rendered on
the basis of such stipulation.
Stipulations of facts are not permitted in
actions for (AAU;=5A1 08 =(66*(25
and for ;52(; S5D(6(1*0A.
Section C. S,s/ension o' actions.
Art. 0D3D o' t6e Civi- Code. 5ver# civil
action or proceeding shall be suspended
1. *f willingness to discuss a
possible compromise is
e"pressed b# one or both
parties$ or
Dlaintiff presents
evidence
:efendant presents
evidence to
support his
defenseJcountercla
imJcrossclaimJ
third part#
complaint
:efendant files
demurrer to
evidence
1hird
part#
defendant
presents
eidence, if
an#
*f court
grants
motion!
6enders
dismisal
*f court
denies
motion!
Continues
with
hearing
6ebuttal
5vidence b#
Darties
(fter
Dresentation of
evidence!
oral arguments
submission of
memoranda
DECISION
4"

%. *f it appears that one of the
parties, before the
commencement of the action or
proceeding, offered to discuss a
possible compromise but the
other part# refused the offer.
Section =. 4,dge to receive evidence<
de-egation to c-er@ o' co,rt.
GENERAL RULE! the /udge must himself
personall# receive and resolve the
evidence of the parties.
2oAever, the reception of such
evidence ma# be delegated under the
following conditions!
1. 1he delegation ma# be made
onl# in defaults or e" parte
hearings, or an agreement in
writing b# the parties.
%. 1he reception of evidence shall
be made onl# b# the cler of
that court who is a member of
the bar.
&. Said cler shall have no power to
rule on ob/ections to an#
>uestion or to admission of
evidence or e"hibits$ and
?. Ee shall submit his report and
transcripts of the proceedings,
together with the ob/ections to
be resolved b# the court, within
1I da#s from the termination of
the hearing.
RULE 31
CONSOLIDATION OR SEVERANCE
GENERAL RULE* Consolidation is
discretionar# upon the court
E$CEPTIONS* Consolidation becomes a
matter of dut# when!
1. if the cases are pending before
the same /udge 06
%. if filed with different branches
of a court and one of such cases
has A01 been partiall# tried.

RE#UISITES !OR CONSOLIDATION*
1. <hen actions involving a
common >uestion of law or fact,
and
%. 1he actions are pending before
the same court
if filed with :*88565A1
courts, authoriFation from
the SC is necessar#.

3 ;A"S O! CONSOLIDATING CASES*
1. b# 65C(S1*A2 1E5 C(S5S
(;65(:K *AS1*1U15:,
conducting onl# one hearing and
rendering onl# one decision$
0. b# C0AS0;*:(1*A2 1E5 5L*S1*A2
C(S5S and holding onl# one
hearing and rendering onl# one
decision$ and
3. b# E5(6*A2 0A;K 1E5 D6*AC*D(;
C(S5 and suspending the hearing
on the others until /udgment has
been rendered in the principal
case. 7TEST>CASE ET2OD8
Consolidation of cases on appeal and
assigned to different divisions of the SC
and the C( is also authoriFed. 2enerall#,
the case which was appealed later and
bearing the higher docet no. is
consolidated with the case having the
lower docet no.
RULE 30
TRIAL 3" COISSIONER
COISSIONER> a person to whom a
cause pending in court is referred, for
him to tae testimon#, hear the parties
and report thereon to the court, and
upon whose report, if confirmed,
/udgment is rendered.
6eference to a commissioner ma# be had
b# the written consent of both parties.
Situations when reference to a
Commissioner ma# be made on motion
'Sec.%.!
1. 5"amination of a long account
%. 1aing of an account is necessar#
&. Muestion of fact, other than
upon the pleading arises$ or
?. Carr#ing a /udgment or order
into effect.
:isobedience to a subpoena issued b#
the commissioner is deemed a contempt
of the court which appointed the latter.

RULE 33
4#

DEURRER TO EVIDENCE
Section 1. De&,rrer to evidence.
DEURRER TO
EVIDENCE
OTION TO DISISS
*t is presented after
the plaintiff has
rested his case
presented before a
responsive pleading
'answer. is made b#
the defendant
1he ground is based
on insufficienc# of
evidence
it ma# be based on an#
of those enumerated
in 6ule 17
0 Scenarios
OTION DENIED OTION GRANTED
3UT REVERSED ON
APPEAL
=ovant shall have the
right to present his
evidence
=ovant is deemed to
have waived his right
to present evidence.
1he decision of the
appellate court will
be based onl# on the
evidence of the
plaintiff as the
defendant loses his
right to have the case
remanded for
reception of his
evidence.
denial is
*A156;0CU106K. Sec. 1
, 6ule &7 'that
/udgment should state
clearl# and distinctl#
the facts and the law
on which it is based.,
will not appl#.
1he denial is A01
appealable.
order of the court is
an (:4U:*C(1*0A 0A
1E5 =56*1S, hence,
the re>uirement in
Sec. 1, 6ule &7
should be complied
with.
C*)*; C(S5S C6*=*A(; C(S5S
:efendant need not as
for leave of court$
leave of court is
necessar# so that the
accused could
present his evidence
if the demurrer is
denied
if the court finds
plaintiff9s evidence
insufficient, it will
grant the demurrer b#
dismissing the
complaint. 1he
if the court finds the
prosecution9s
evidence insufficient,
it will grant the
demurrer b#
rendering /udgment
/udgment of dismissal is
appealable b# the
plaintiff. *f plaintiff
appeals and /udgment
is reversed b# the
appellate court, it will
decide the case on the
basis of the plaintiff9s
evidence with the
conse>uence that the
defendant alread# loses
his right to present
evidence no res
/udicata in dismissal
due to demurrer
ac>uitting the
accused. 4udgment of
ac>uittal is not
appeallable$ double
/eopard# sets-in
if court denies
demurrer, defendant
will present his
evidence
if court denies the
demurrer!
*f demurrer was with
leave, accused ma#
present his evidence
*f the demurrer was
without leave,
accused can no
longer present his
evidence and submits
the case for decision
based on the
prosecution9s
evidence
4UDGENT ON DEURRER TO EVIDENCE
is a /udgment rendered b# the court
dismissing a case upon motion of the
defendant, made after plaintiff has
rested his case, on the 260UA: that
upon the facts presented b# the plaintiff
and the law on the matter, plaintiff has
not shown an# right to relief.

RULE 35
4UDGENT ON T2E PLEADINGS
( /udgment on the pleadings must be on
motion of the claimant. 'A0
SUDD061*A2 D(D56S (65 65MU*65:
35C(US5 5)561E*A2 *S 3(S5: 0A 1E5
D;5(:*A2S..
E0<5)56, if at the pre-trial the court
finds that a /udgment on the pleadings is
proper, it ma# render such /udgment
motu proprio.
GROUNDS*
1. (nswer fails to tender an issue
because of!
50

a. general denial of the
material allegations of
the complaint$
b. insufficient denial of the
material allegations of
the complaint $ or
%. (nswer admits material
allegations of the adverse part#9s
pleading

3# moving for /udgment on the
pleading, plaintiff waives his claim
for unli>uidated damages. Claim for
such damages must be alleged and
proved.
NO 4UDGENT ON T2E PLEADINGS IN
ACTIONS !OR
1. :eclaration of nullit# of
marriage
%. (nnulment of marriage
&. ;egal Separation
otion to Dis&iss otion 'or
:,dg&ent on t6e
/-eadings
8iled b# a defendant
to a complaint,
counterclaim, cross-
claim or &
rd
-part#
complaint
8iled b# the plaintiff
if the answer raises
no issue.
*f the complaint states no cause of
action, a motion to dismiss should be
filed and not a motion for /udgment on
the pleading.
RULE 3%
SUAR" 4UDGENTS
SUAR" 4UDGENT
0ne granted b# the court for the prompt
disposition of civil actions wherein it
clearl# appears that there e"ists A0
genuine issue or controvers# as to an#
material fact.

;6o can !i-e
1. Dlaintiff! he must wait for the
answer to be filed and served, and
thus for the issue to be /oined,
before he can move for summar#
/udgment.
%. :efendant! he can move for
summar# /udgment at an#time, that
is, an#time after filing and service of
the complaint even before he
answers

1he motion for summar# /udgment must
be supported b# 718 affidavit, 708
depositions of the adverse part# or a
third part#, or 738 admissions of the
adverse part#, all intended to show that!
a. there is no genuine issue as to
an# material fact, e"cept
damages which must alwa#s be
proved, and
b. the movant is entitled to a
/udgment as a matter of law.

1he summar# /udgment ma# be a
/udgment on the merits, in which case,
an appeal ma# be taen therefrom.
SUAR"
4UDGENT
4UDGENT
ON T2E
PLEADINGS
4UDGENT
3" DE!AULT
7R,-e =8
3ased on the
pleadings,
depositions,
admissions
and affidavits
based solel# on
the pleadings.
based on the
complaint and
evidence, if
presentation is
re>uired.
(vailable to
both plaintiff
and defendant
generall#
available onl#
to the plaintiff,
unless the
defendant
presents a
counterclaim.
(vailable to
plaintiff.
1here is
no genuine
issue between
the parties,
i.e. there ma#
be issues but
these are
irrelevant
1he answer
fails to tender
an issue or
there is an
admission of
material
allegations.
no issues as no
answer is filed
b# the
defending
part#.
1I-da# notice
re>uired
&-da# notice
re>uired
&-da# notice
rule applies.
=a# be
interlocutor#
or on the
merits
0n the merits 0n the merits

51

RULE 3+
4UDGENTS1 !INAL ORDERS AND ENTR"
T2EREO!
4UDGENT> final consideration and
determination b# a court of the rights of
the parties, upon matters submitted to it
in an action or proceeding.
1he date of finalit# of the /udgment or
final order shall be deemed to be the
date of its entr#.
RE#UISITES O! A 4UDGENT*
1. *t should be in writing, personall#
and directl# prepared b# the /udge
%. =ust state clearl# and distinctl# the
facts and the law on which it is
based
&. *t should contain a dispositive part
and should be signed b# the /udge
and filed with the cler of court.
PROULGATION- the process b# which a
decision is published, officiall#
announced, made nown to the public or
delivered to the cler of court for filing,
coupled with notice to the parties or
their counsel.
EORANDU DECISION- a decision of
the appellate court which adopts the
findings and the conclusion of the trial
court.
4UDICIAL COPROISE
( /udgment based on a
compromise which has the force
of law and is conclusive between
parties.
Aot appealable.

A 4UDGENT is considered RENDERED
Upon filing of the signed decision. 1his
includes an amended decision because
an amended decision is a distinct and
separate /udgment and must follow the
established procedural rule.
1he power to amend a /udgment is
inherent to the court before /udgment
becomes final and e"ecutor#.
(fter /udgment has become e"ecutor#,
the court cannot amend the same
E$CEPT*
1. 1o mae corrections of
clerical errors, not
substantial amendments, as
b# an amendment n3nc 45o
t3nc.
%. 1o clarif# an ambiguit# which
is borne out b# and
/ustifiable in the conte"t of
the decision.
&. *n /udgments for support,
which can alwa#s be
amended from time to time.
ANNER O! ATTACFING 4UDGENTS*
1. Direct attac@
a. before finalit#
1. motion for new trial or
reconsideration$
%. appeal
b. after finalit#
1. relief from /udgment, rule
&8
%. annulment of /udgment, 6ule
5B.
0.Co--atera- attac@
PROULGATION O! 4UDGENT
Court 6enders :ecision
8iling appeal within
1+J&I da#s from
notice of /udgment
*f no appeal is
taen or did
not avail of
remedies,
/udgment
becomes final
and e"ecutor#
Court
maintains
decision
Court grants motion!
1.modifies decision$ or
%.grants new trial
;osing part# ma#
appeal within the
remaining period
;osing Dart#
<ithin 1+J&I da#s
from notice of
/udgment!
=otion for
reconsideration$ or
motion for new trial
(ccepts
decision
without further
contest
52

Section 5. Severa- :,dg&ents.
Several /udgment is proper where the
liabilit# of each part# is clearl#
separable and distinct from his co-
parties such that the claims against each
of them could have been the sub/ect of
separate suits, and the /udgment for or
against one of them will not necessaril#
affect the other.
( several /udgment is A01 proper in
actions against solidar# debtors.
Section +. Se/arate 4,dg&ents
Droper when more than one claim for
relief is presented in an action and a
determination as to the issues material
to the claim has been made. 1he action
shall proceed as to the remaining
claims.
4,dg&ent N/NC PRO T/NC 'literall#
means Bnow for thenC.
rendered to enter or record such
/udgment as has been formerl#
rendered but has not been
entered as thus rendered
its onl# function is to record
some act of the court which was
done at a former time, but
which was not then recorded, in
order to mae the record spea
the truth, without an# changes
in substance or an# material
respect.
4,dg&ent ,/on Agree&ent or
Co&/ro&ise
( compromise agreement between the
parties to a case on which the decision
of the court was based has upon the
parties the effect and authorit# of res
/udicata. *t is immediatel# e"ecutor#.
4,dg&ent () Con'ession
4udgment upon confession is one which
is rendered against a part# upon his
petition or consent. *t usuall# happens
when the defendant appears in court and
confesses the right of the plaintiff to
/udgment or files a pleading e"pressl#
agreeing to the plaintiff9s demand.
TAo @inds o' :,dg&ent () con'ession
1. ( /udgment b# COGNOVIT
ACTIONE @ here, the defendant
after service instead of entering
a plea, acnowledged and
confessed that the plaintiff9s
cause of action was /ust and
rightful.
%. ( /udgment () CON!ESSION
RELICTA VERI!ICATIONE @ after
pleading and before trial, the
defendant both confessed the
plaintiff9s cause of action and
withdrew or abandoned his plea
or other allegations, whereupon
/udgment was entere against him
without proceeding to trial.
4,dg&ent ,/on
Co&/ro&ise
4,dg&ent ()
Con'ession
1he provisions and
terms are settled and
agreed upon b# the
parties to the action,
and which is entered
in the record b# the
consent of the court.
(n affirmative and
voluntar# act of the
defendant himself.
1he court e"ercises a
certain amount of
supervision over the
entr# of /udgment.

C-ari'icator) 4,dg&ent
rendered b# the court, upon motion,
when a /udgment previousl# rendered is
ambiguous and difficult to compl# with.

AENDED OR
CLARI!IED
4UDGENT
SUPPLEENTAL
DECISION
*t is an entirel# new
decision and
supersedes the
original /udgment
:oes not tae the
place of or e"tinguish
the original /udgment
Court maes a
thorough stud# of the
original /udgment and
renders the amended
and clarified /udgment
onl# after considering
all the factual and
legal issues
Serves to bolster or
add to the original
/udgment
RULE 3B
NE; TRIAL OR RECONSIDERATION
53

(n order den#ing a motion for new trial
is not a//ea-a(-e.
NE; TRIAL - the rehearing of a case
alread# decided b# the court but before
the /udgment rendered thereon becomes
final and e"ecutor#, whereb# errors of
law or irregularities are e"punged from
the record, or new evidence is
introduced, or both steps are taen.
P,r/ose* to set aside the /udgment or
final order and grant a new trial.
;2EN to 'i-e* within period for taing
appeal.
;2ERE to 'i-e* with the trial court
which rendered the >uestioned
/udgment.
OTION !OR A NE;
TRIAL
OTION !OR
RECONSIDERATION
1he grounds are! fraud,
accident, mistae or
e"cusable negligence or
newl# discovered
evidence which could
not, with reasonable
diligence, have
discovered and produced
at the trial, and which if
presented would
probabl# alter the result
1he grounds are! the
damages awarded are
e"cessive, that the
evidence is insufficient
to /ustif# the decision
or final order, or that
the decision or final
order is contrar# to
law.
Second motion ma# be
allowed
Second motion from
same part# is
prohibited
*f a new trial is granted
the trial court will set
aside the /udgment or
final order
if the court finds that
e"cessive damages
have been awarded or
that the /udgment or
final order is contrar#
to the evidence or law,
it ma# amend such
/udgment or final order
accordingl#

RE#UISITES 'or NE;L">DISCOVERED
EVIDENCE
1. =ust have been discovered after
trial
%. Could not have been discovered
and produced at the trial
&. *f presented, would alter the
result of the action
?. 0therwise it is called
80620115A 5)*:5AC5 .
( motion suspends or tolls the running of
the reglementar# period for appeal
e"cept when the same is pro-forma.
PRO>!ORA OTION > when it does not
compl# with 6ule 1+ and 6ule &7, e.g. it
does not point out specificall# the
findings or conclusions of the /udgment
as are contrar# to law, maing e"press
reference to the testimonial or
documentar# evidence or to the
provisions of law alleged to be contrar#
to such findings or conclusions, and is
merel# intended to dela# the
proceedings 06 if there is no affidavit of
merit.
Section +. E''ect o' granting o' &otion
'or neA tria-
<hen motion is granted, the original
/udgment is thereb# vacated and the
action stands for trial de novo, but the
recorded evidence taen upon the
former trial so far as the same is
material and competent to establish the
issues, shall be used at the new trial
taing the same.
1he order den#ing a motion for new trial
is NOT appealable.
OTION !OR NE;
TRIAL
OTION !OR
REOPENING O! T2E
TRIAL
Specificall#
mentioned in the
6ules
Aot mentioned in the
6ules but is
nevertheless a
recogniFed procedural
recourse or device
deriving validit# and
0rder den#ing
Second motion for new trial
based on grounds not e"isting or
available when 1
st
motion was
filed
(ppeal from the /udgment or
final order and assign as one of
the errors the denial of the
54

acceptance from long
established usage
A015! *t is actuall#
mentioned in the 6ules
of Criminal Drocedure
Droper onl# after
promulgation of
/udgment
=a# properl# be
presented onl# after
either or both the
parties have formall#
offered and closed
their evidence before
/udgment
3ased upon specific
grounds set forth
under 6ule &7 in civil
cases and 6ule 1%1 in
criminal cases
Controlled b# no other
rule than the
paramount interests of
/ustice, resting entirel#
on the sound discretion
of a trial court, the
e"ercise of which
discretion will not be
reviewed on appeal
UA;5SS a clear abuse
thereof is shown

OTION !OR RECONSIDERATION
P,r/ose* 1o reconsider or amend
/udgment or final order
;2EN to 'i-e* within period for taing an
appeal
;2ERE to 'i-e* with the trial court
which rendered the /udgment or final
order sought to be reconsidered
RULE 3C
RELIE! !RO 4UDGENTS1 ORDERS1 OR
OT2ER PROCEEDINGS
REEDIES AGAINST !INAL AND
E$ECUTOR" 4UDGENTS OR ORDERS
1. Detition for 6elief from
4udgment '6ule &8.
%. (nnulment of /udgments or final
orders or resolutions '6ule ?7. on
the ground of!
o 5"trinsic fraud, to be filed
within ? #ears from the
discover# of the fraud$
o ;ac of /urisdiction, before
it is barred b# laches or
estoppel
&. :irect or collateral attac
against a void or voidable
/udgment
o :*65C1 (11(CH @ when the
validit# of the /udgment
itself is the main issue of the
action, a petition for
#ertiorari and action to
annul /udgment on the
ground of e"trinsic fraud or
lac of /urisdiction
o C0;;(156(; (11(CH @ if the
/udgment can be resisted in
an# other action in which it
is involved.

RULE 3B RULE 3C
(vailable 358065
/udgment becomes
final and e"ecutor#
(vailable (8156
/udgment has become
final and e"ecutor#
(pplies to
4U:2=5A1S or 8*A(;
06:56S onl#
(pplies to /udgments,
final orders and other
proceeding!
1.;and 6egistration
%.Special Droceedings
&. 0rder of 5"ecution
260UA:S!
i. 8(=5
ii. Aewl# discovered
evidence
260UA:S!
8(=5
<E5A ()(*;5: 08!
<ithin the time to
appeal
<E5A ()(*;5: 08!
within 7I da#s from
nowledge of the
/udgment (A:
within 7 months from
entr# of /udgment
*f denied, the order
of denial is A01
appealable, hence
remed# is appeal
from the /udgment
*f denied, the order
den#ing a petition for
relief is A01
appealable$ the
remed# is appropriate
civil action under 6ule
7+
;egal remed# 5>uitable remed#
=otion need not be
verified
Detition must be
verified

T;O 2EARINGS UNDER RULE 3C
1. Eearing to determine whether
the /udgment should be set aside
%. *f #es, a hearing on the merits of
the case.
1he period fi"ed b# 6ule &8 is non-
e"tendible and is never interrupted.
55

RULE 3=
E$ECUTION1 SATIS!ACTION AND E!!ECT
O! 4UDGENTS
E$ECUTION @ remed# provided b# law
for the enforcement of a final /udgment.

AGAINST ;2O ISSUED* e"ecution can
onl# issue against a part# and not against
one who has not had his da# in court.
;RIT O! E$ECUTION* /udicial writ
issued to an officer authoriFing him to
e"ecute the /udgment of the court.
ESSENTIAL RE#UISITE O! A ;RIT O!
E$ECUTION! a writ of e"ecution to be
valid, must conform strictl# to the
decision or /udgment which gives it life.
*t cannot var# the terms of the /udgment
it sees to enforce
!INAL 4UDGENT OR ORDER- one which
disposes of the whole sub/ect matter or
terminates the
particular
proceedings or action, leaving nothing to
be done b# the court but to enforce b#
e"ecution what has been determined.
E$ECUTION O! 4UDGENT
TEST TO DETERINE ;2ET2ER A
4UDGENT OR ORDER IS !INAL OR
INTERLOCUTOR"* 1he test is whether
the /udgment or order leaves nothing
more for the court to do with respect to
the merits of the case.
SPECIAL 4UDGENT @ one that re>uires
the performance of an act 01E56 1E(A!
1. 1he pa#ment of mone#$ and
%. 1he sale of real or personal
propert#
Section 1. E.ec,tion U/on 4,dg&ents
and !ina- Orders.
E$ECUTION (SS/!S AS A ATTER O!
RIG2T*
1. on motion
%. upon a /udgment or order that
disposes of the action or
proceeding (A:
&. upon e"piration of the period to
appeal therefrom and A0 appeal
has been dul# perfected.
GENERAL RULE* court cannot refuse
e"ecution
UNLESS*
1. 5"ecution is UA4US1 06
*=D0SS*3;5
%. 5>uitable grounds lie a CE(A25
*A S*1U(1*0A of the parties
which maes e"ecution
ine>uitable
&. 4udgment A0)(15: b# parties
?. 5"ecution is en/oined
+. 4udgment has become :06=(A1
4udgment is
e"ecuted b#
motion within
+ #ears from
date of its
entr#
*f the winning
part# does not
move for
e"ecution wJin
+ #ears but
before 1I
#ears from the
date of entr#
of /udgment,
the same can
onl# be revived
b# means of a
new action J
petition
5"ecution is a
matter of right
after
e"piration of
period to
appeal and no
appeal is
perfected
:iscretionar#
e"ecution upon
good reasons
stated in a
special order
after due
hearing
Sheriff enforces writ of e"ecution
;osing part# is made to indemnif# thru!
pa#ment with interest$
lev# and sale of personal propert#$
lev# and sale of real propert#$
deliver# of personal and real propert#
5

MU(SE(; 08 <6*1 D60D56 <E5A!
1. *mprovidentl# issued
%. :efective in substance
&. *ssued against the wrong part#
?. 4udgment alread# satisfied
+. *ssued without authorit#
Section 0. Discretionar) E.ec,tion
DISCRETIONAR"
E$ECUTION
E$ECUTION AS A
ATTER O! RIG2T
=a# issue before
the lapse of period
to appeal
Deriod to appeal has
alread# lapsed and
no appeal is
perfected
:iscretionar# upon
the court$ there is
in>uir# on whether
there is 200:
65(S0A for
e"ecution
=inisterial dut# of
the court D60)*:5:
there are no
supervening events
GROUNDS !OR E$ECUTION PENDING
APPEAL*
1. *nsolvenc# of the /udgment
debtor.
%. <astage of asset b# /udgment
debtor.
Section 3. Sta) o' Discretionar)
E.ec,tion. 1he part# against whom an
e"ecution is directed ma# file a
supersedeas bond to sta# discretionar#
e"ecution.
SUPERSEDEAS 3OND- one filed b# a
petitioner and approved b# the court
before the /udgment becomes final and
e"ecutor# and conditioned upon the
performance of the /udgment appealed
from in case it be affirmed wholl# or in
part.
Supersedeas bond guarantees
satisfaction of the /udgment in case of
affirmance on appeal, not other things
lie damage to propert# pending the
appeal
1he court ma#, in its discretion, order an
e"ecution before the e"piration of the
time within which to appeal provided!
1. 1here is a motion for e"ecution
filed b# the winning part#
%. 1here is notice of said motion to
the adverse part#$ and
&. 1here are good reasons stated in
a special order after due
hearing.
GENERAL RULE! an order of e"ecution is
A01 appealable otherwise there would
be no end to the litigation between the
parties.
E$CEPTIONS*
1. <hen the terms of the /udgment
are not ver# clear$
%. <hen the order of e"ecution
varies with the tenor of the
/udgment.
Section 5. 4,dg&ents NOT Sta)ed 3)
A//ea-
1. *A4UAC1*0A
%. 65C5*)56SE*D
&. (CC0UA1*A2
?. SUDD061
+. Such other /udgments
declared to be immediatel#
e"ecutor# unless otherwise
ordered b# the trial court.
Section +. E.ec,tion 3) otion Or
Inde/endent Action.
=0:5 08 5A806C5=5A1
1. 3# motion within + #ears from
date of its entr#
%. 3# independent action after +
#ears from entr# (A: before it is
barred b# statute of limitations

4udgment for support does not become
dormant, thus it can alwa#s be e"ecuted
b# motion.
+-#ear period ma# be e"tended b# the
conduct of /udgment debtor.
( revived /udgment is a new /udgment
thus another +J1I-#ear period to
e"ecute and revive is given the part#.
5!

Section B. E.ec,tion In Case O' Deat6
O' Part).
*f the obligor dies (8156 entr# but
358065 ;5)K on his propert#, e"ecution
will be issued for recover# of real or
personal propert# or enforcement of a
lien thereon. 3ut for a sum of mone#,
/udgment cannot be enforced b# writ but
as a claim against his estateJprobate
proceedings.
*f he dies (8156 a )(;*: ;5)K has been
made, e"ecution sale proceeds.
Section 8. *ssuance, 8orm and Contents
of a <rit of 5"ecution.
Re&edies in an order granting or
den)ing t6e iss,ance o' a Arit o'
e.ec,tion
(ppeal is the remed# for an order
den#ing the issuance of a writ of
e"ecution.
Section 1D. E.ec,tion O' 4,dg&ents
!or S/eci'ic Act.
*f part# 658US5S 10 V!C!,2 D60D561K,
remed# is A01 contempt. 1he Sheriff
must oust the part#. 3ut if demolition is
involved, there must be a special order.
*f part# 658US5S 10 3274V2, sheriff will
tae possession and deliver it to winning
part#.
<hen the part# 658US5S 10 C-MP71,
court can appoint some other person at
the e"pense of the disobedient part# and
the act done shall have the same effect
as if the re>uired part# performed it,
the disobedient part# incurs no liabilit#
for contempt.
Section 11. E.ec,tion o' S/ecia-
4,dg&ents.
<hen /udgment re>uires the
performance of an# act other than for
mone# and deliver# of propert#.
1he writ of e"ecution shall be served
upon the part# re>uired to obe# the
same and such part# ma# be punished
for contempt if he disobe#s.
LEV" > act b# which an officer sets apart
or appropriates a part of the whole of
the propert# of the /udgment debtor for
purposes or the e"ecution sale. 1he lev#
on e"ecution shall create a lien in favor
or the /udgment creditor over the right,
title and interest of the /udgment debtor
in such propert# at the time of the lev#.
1he lev# on e"ecution creates a lien in
favor of the /udgment creditor sub/ect
to prior liens and encumbrances.
GARNIS2ENT - act of appropriation b#
the court when propert# of debtor is in
the hands of third persons
1he garnishee or the &
rd
person who is in
possession of the propert# of the
/udgment debtor is deemed a 'orced
intervenor.
ATTAC2ENT GARNIS2ENT
6efers to corporeal
propert# in the
possession of the
/udgment debtor.
refers to mone#,
stocs, credits and
other incorporeal
propert# which belong
to /udgment debtor
but is in the possession
or under the control of
a third person
Section 1+. Proceedings ;6ere
Pro/ert) C-ai&ed 3) T6ird Person.
REEDIES o' T2IRD PART" CLAIANT
1. Summar# hearing before the
court which authoriFed the
e"ecution$
%. T!RC!R(A or third part# claim
filed with the sheriff$
&. (ction for damages on the bond
posted b# /udgment creditors$ or
?. *ndependent reinvidicator#
action.

1he remedies are cumulative and ma# be
resorted to b# third part# claimant
independentl# of or separatel# from the
others.
*f winning part# files a bond, it is onl#
then that the sheriff can tae the
5"

propert# in his possession. *8 A0 30A:,
cannot proceed with the sale.
SALE ON E$ECUTION
Aotice of sale is re>uired before levied
propert# can be sold at public auction
'Sec. 1+..
6emed# against an irregular sale is
=01*0A 10 )(C(15 06 S51 (S*:5 1E5
S(;5 to be filed in the court which
issued the writ.
REDEPTION 7Secs. 0B J 0C8
Rig6t o' Rede&/tion*
1. Dersonal Dropert# @ A0A5$ sale is
absolute
%. 6eal Dropert# @ there is a right of
redemption
;2O &a) redee& 7Sec. 0B8
0nl# the following!
a. 4udgment obligor, or his
successor in interest, in whole or
an# part of the propert#$ 06
b. 6edemptioner who is a creditor
having a!
1. ;ien b# attachment on
the propert# sold
subse>uent to the lien
under which the
propert# was sold,
%. ;ien b# /udgment on the
propert# sold subse>uent
to the lien under which
the propert# was sold$
&. ;ien b# mortgage on the
propert# sold subse>uent
to the lien under which
the propert# was sold.
;2EN CAN REDEPTION 3E ADEI
3K 1E5 4U:2=5A1 03;*206! <ithin one
'1. #ear from the date of registration of
the certificate of sale.
3K 1E5 65:5=D1*0A56!
1. <ithin one #ear from the date of
registration of the certificate of
sale$ or
%. <ithin si"t# da#s from the last
redemption b# another
redemptioner
(, t*e &3d+ment ob#i+o5 5edeems, no
,35t*e5 5edem4tion is a##o6ed 7Sec%
298%
1he period of redemption is A01
suspended b# an action to annul the
foreclosure sale.
CAN REDEPTION 3E PAID IN OT2ER
!ORS T2AN CAS2I
"ES. 1he rule is liberalit# in allowing
redemption 'aid rather than defeat the
right. and it has been allowed in the
case of a cashier9s chec, certified ban
checs and even checs.
1he offer to redeem must be
accompanied with a bona fide tender or
deliver# of the redemption price.
Eowever, a formal offer to redeem with
a tender is not necessar# where the right
to redeem is e"ercised through the filing
of a complaint to redeem in the courts,
within the period to redeem.
RIG2TS O! T2E 4UDGENT DE3TOR*
1. 6emain in possession of the
propert#
%. Collect rents and profits
&. Cannot be 5/ected
?. Use the propert# in the same
manner it was previousl# used
+. =ae necessar# repairs
Section 33. Deed and /ossession to (e
given at e./iration o' rede&/tion
/eriod< () A6o& e.ec,ted or given.
1he PURC2ASER is entitled to a
C0A)5K(AC5 (A: D0SS5SS*0A of the
propert# if there is no redemption. Ee is
substituted to and ac>uires all the
rights, title, interest and claims of the
/udgment obligor to the propert# at the
time of lev#.
1he deed of conve#ance is what
operates to transfer to the purchaser
whatever rights the /udgment debtor
had in the propert#. 1he certificate of
sale after e"ecution sale merel# is a
memorial of the fact of sale and does
not operate as a conve#ance.
5#

1he purchaser ac>uires no better right
than what the /udgment debtor has in
the propert# levied upon. 1hus, if the
/udgment debtor had alread# transferred
the propert# e"ecuted prior to the lev#
and no longer has an interest in the
propert#, the e"ecution purchaser
ac>uires no right.
<E5A ( 1E*6: D56S0A *S *A D0SS5SS*0A,
1he procedure is for the court to order a
hearing and determine the nature of
such adverse possession.
Section 35. Recover) o' /rice i' sa-e is
not e''ective< reviva- o' :,dg&ent.
T2E PURC2ASER A" RECOVER T2E
PURC2ASE PRICE ;2EN
1. 1he purchaser or his successor-
in-interest 8(*;S 10 65C0)56
D0SS5SS*0A of the propert# or$
%. Durchaser after having ac>uired
possession is evicted due to!
a. *rregularities in the
proceedings concerning the
sale.
b. 6eversal or setting aside of
/udgment.
c. 1he fact that the propert#
was e"empt from e"ecution.
d. ( third person has vindicated
his claim to the propert#.
REEDIES O! T2E 4UDGENT CREDITOR
IN AID O! E$ECUTION
1. *f the e"ecution is returned
unsatisfied, he ma# cause
e"amination of the /udgment
debtor as to his propert# and
income 7Section 3+8
%. Ee ma# cause e"amination of
the debtor of the /udgment
debtor as to an# debt owed b#
him or to an# propert# of the
/udgment debtor in his
possession 7Section 3B8
&. *f after e"amination, the court
finds that there is propert# of
the /udgment debtor either in
his own hands or that of an#
person, the court ma# order the
propert# applied to the
satisfaction of the /udgment
7Section 3B8
?. *f the court finds the earnings
of the /udgment debtor are
more than sufficient for his
famil#9s needs, it ma# order
pa#ment in installments
7Section 5D8
+. 1he court ma# appoint a
receiver for the propert# of the
/udgment debtor not e"empt
from e"ecution or forbid a
transfer or disposition or
interference with such propert#
7Section 518
7. *f the court finds that the
/udgment debtor has an
ascertainable interest in real
propert# either as mortgagor,
mortgagee, or otherwise, and
his interest can be ascertained
without controvers#, the court
ma# order the sale of such
interest. 7Section 508
7. *f the person alleged to have
the propert# of the /udgment
debtor or be indebted to him,
claims an adverse interest in
the propert#, or denies the
debt, the court ma# authoriFe
the /udgment-creditor to
institute an action to recover
the propert#, forbid its transfer
and ma# punish disobedience
for contempt 7Section 538
Section 5+. ;6en Princi/a- 3o,nd 3)
4,dg&ent Against S,ret).
1he principal is bound b# the same
/udgment from the time he has notice of
the action or proceeding and has been
given an opportunit# at the suret#9s
re>uest, to /oin the defense.
Section 5B. E''ect O' 4,dg&ent Or
!ina- Orders.
6efers to /udgments which are
considered as conclusive and ma# be
0

rebutted directl# b# means of relief from
/udgment or annulment of /udgment or
indirectl# b# offering them in evidence
under the parole evidence rule.
Par 7A8 re'ers to r,-e ON R!S 9/"(CATA
in :,dg&ents (N R!2
4UDGENT or
!INAL ORDER
E!!ECT* CONCLUSIVE
AS TO
(gainst a specific
thing
1itle to the thing
Drobate of a will or
administration of
the estate of a
deceased person
<ill or administration
Eowever, 0A;K prima
facie evidence of the
death of the testator
or intestate
*n respect to the
personal, political,
or legal condition or
status of a
particular person
Condition, status or
relationship of the
person

Par 738 is re'erred to as K(ar () 'or&er
:,dg&entL or R!S 9/"(CATA in
:,dg&ents (N P!RSONA2
RES 4UDICATA > final /udgments on the
merits b# a court of competent
/urisdiction is conclusive as to the rights
of the parties or their privies in all later
suits on points determined in the former
/udgment.
RE#UISITES*
1. ( 8*A(; /udgment or order
%. 4U6*S:*C1*0A over the sub/ect
matter and the parties b# the
court rendering it
&. 4udgment UD0A 1E5 =56*1S
?. 3etween the two cases!
*:5A1*1K 08 D(61*5S
*:5A1*1K 08 SU345C1 =(1156
*:5A1*1K 08 C(US5 08 (C1*0A
1E565 *S *:5A1*1K 08 C(US5 08 (C1*0A
when the two actions are based on the
same delict or wrong committed b# the
defendant even if the remedies are
different.
Under the doctrine of res /udicata, no
matter how erroneous a /udgment ma#
be, once it becomes final, it cannot be
corrected. 1he onl# grounds are lac of
/urisdiction, collusion or fraud.
Par. 7C8 is @noAn as Kconc-,siveness o'
:,dg&entL or r,-e o' A/T!R ACT(ON
P!N"!NT
CONCLUSIVENESS
O! 4UDGENT
has the effect
of preclusion
onl# of issues.
parties in both actions ma# be
the same but the
causes of action
are different.

3AR 3" !ORER
4UDGENT
CONCLUSIVENESS O!
4UDGENT
1here is identit# of
parties, sub/ect
matter and causes
of action
1here is 0A;K identit# of
D(61*5S (A: SU345C1
=(1156
1he first /udgment
constitutes as an
(3S0;U15 3(6 10
(;; =(1156S
directl# ad/udged
and those that
might have been
ad/udged.
1he first /udgment is
conclusive onl# as to
matters directl# ad/udged
and actuall# litigated in
the first action. Second
action can be prosecuted.
Section 5C. E''ect O' !oreign 4,dg&ent
Or !ina- Orders*
T2E E!!ECT O! !OREIGN 4UDGENTS
Drovided that the foreign tribunal had
/urisdiction!
1. *A C(S5 08 4U:2=5A1 (2(*AS1 (
SD5C*8*C 1E*A2, the /udgment is
C0AC;US*)5 upon the 1*1;5 10
1E5 1E*A2$
%. *A C(S5 08 ( 4U:2=5A1 (2(*AS1
( D56S0A, the /udgment is
D65SU=D1*)5 5)*:5AC5 of a
right as between the parties and
(ppeal decision of =1C b# filing notice of
appeal and pa# appellate court docet
fee in the same =1C within 1+ da#s from
receipt of /udgment
Aotice to parties that an appeal is being
taen from the decision of =1C
<ithin 1+ da#s from notice of appeal!
appellant submits memorandum to
the 61C
appellee files his own memorandum
1+ da#s from receipt of appellants
memorandum
*f uncontested,
/udgment is
entered in the
boo of entries
1+ da#s from perfection of appeal,
=1C cler transmits record to 61C
(n# part# ma#
appeal b# filing a
petition for
review with the
61C
1

their successors-in-interest b# a
subse>uent title.
*n both instances, the /udgment ma# be
repelled b# evidence of want of
/urisdiction, notice, collusion, fraud or
clear mistae of law or fact.
RULE 5D
APPEAL !RO UNICIPAL TRIAL COURTS
TO T2E REGIONAL TRIAL COURTS
APPEAL !RO TC TO RTC
ORDINAR" APPEAL - an appeal b# notice
of appeal from a /udgment or final order
of a lower court on >uestions of fact and
law.
APPEAL TO T2E RTC
=ode of (ppeal @ Aotice of (ppeal
within fifteen '1+. da#s from receipt
of decision.
(fter an appeal to the 61C has been
perfected, the =1C loses its
/urisdiction over the case and an#
motion for the e"ecution of the
/udgment should be filed with the
61C.
1he Summar# 6ules no longer appl#
when the cases is on appeal.
Section 0. ;6en to A//ea-.
1. <ithin 1+ da#s after notice of
/udgment or final order$
%. <here a record on appeal is
re>uired, within &I da#s from
notice of /udgment or final order
b# filing a notice of appeal and a
record on appeal$
&. Deriod to appeal shall be
interrupted b# a timel# motion
for new trial or reconsideration.
?. Ao motion for e"tension of time
to file a motion for new trial or
reconsideration shall be
allowed.
Section 3. 2oA to A//ea-.
3) Notice o' A//ea-*
1. 8ile a notice of appeal with the
trial court.
%. 1he notice of appeal must
indicate!
a. parties
b. /udgment or final order
appealed from
c. material date showing
timeliness of appeal
&. ( cop# served on the adverse
part#.
?. Da#ment in full of docet fees
and other lawful fees
ORDINAR" APPEAL PETITION !OR
REVIE;
=atter of right :iscretionar#
(ll the records are
elevated from the
court of origin
Ao records are
elevated unless the
court decrees it
Aotice of record on
appeal is filed with
the court of origin
8iled with the C(

3) Record on a//ea-*
1. for special proceedings such as
probate$ and
%. in such other cases where
multiple appeals are allowed as
in partition and in
e"propriation.
Section 5. Per'ection o' A//ea-< e''ect
t6ereo'.
A//ea- is dee&ed /er'ected*
1. b# notice of appeal! as to him,
upon the filing of the notice of
appeal in due time$
%. b# record on appeal! as to him,
upon the approval of the record
on appeal filed in due time.
E''ect o' a /er'ected a//ea-!
1he court loses /urisdiction upon the
perfection or approval of appeal and
when the period of appeal for other
parties e"pire.
2

Resid,a- /oAer of the court prior to the
transmittal of the original record or
record on appeal!
1. to issue orders for the
preservation of the rights of the
parties which do not involve
matters litigated b# appeal$
%. to approve compromise prior to
the transmittal of the record$
&. permit appeal b# an indigent$
?. order e"ecution pending appeal
under 6ule &9, Sec.% ' motion
for e"ecution was filed before
the e"piration of the period to
appeal$
+. allow withdrawal of the appeal.
Section C. A//ea- 'ro& orders
dis&issing case Ait6o,t tria-< -ac@ o'
:,risdiction
I' -oAer co,rt dis&issed case Ait6o,t
tria- on t6e &erits*
61C ma#!
1. (ffirm, or
%. 6everse, in which case, it shall
remand the case for further
proceedings.
I' dis&issa- is d,e to -ac@ o' :,risdiction
over t6e s,(:ect &atter*
61C ma#!
1. (ffirm$ if 61C has /urisdiction,
shall tr# the case on the merits
as if the case was originall# filed
with it, or
%. 6everse, in which case, it
remand the case for further
proceedings.
I' t6e case Aas tried on t6e &erits ()
t6e -oAer co,rt Ait6o,t :,risdiction
over t6e s,(:ect &atter*
61C shall not dismiss the case if it has
original /urisdiction, but shall decide the
case, and shall admit amended pleadings
or additional evidence.

RULE 51
APPEAL !RO REGIONAL
TRIAL COURTS
APPEALA3LE CASES
1. 4udgments or final orders that
completel# disposes of the case.
%. ( particular matter in a
/udgment declared b# the 6ules
to be appealable.
NON APPEALA3LE CASES
1. 0rder dismissing an action without
pre/udice
%. 0rder of 5"ecution
&. 4udgments or final orders for or
against one or more of several
parties or in separate claims while
the main case is pending
?. 0rders disallowing or dismissing an
(ppeal
+. *nterlocutor# orders
7. 0rders den#ing!
a. Detition for relief$
b. =otion for new trial or
reconsideration$ and
c. =otion to Set aside a
/udgment, b# consent,
confession or compromise
on the ground of fraud,
mistae, duress or an#
ground vitiating consent.
Re&ed) in cases A6ere a//ea- is not
a--oAed
Special civil action of certiorari or
prohibition if there is lac or e"cess of
/urisdiction or grave abuse of discretion
or mandamus if there is no performance
of dut#.
INTERLOCUTOR" ORDER @ (n order
which does not dispose of the case but
leave something else to be done b# the
trial court on the merits of the case.
( /udgment based on compromise is not
appealable and is immediatel#
e"ecutor#.
Section 0. odes o' a//ea-.
Ordinar)
a//ea-
7a//ea- () Arit
o' error8
Petition 'or
revieA
MR,-e 50N
Petition 'or
revieA on
certiorari
MR,-e 5%N
Case is decided
b# the 61C in
Case is
decided b#
1he case
raises onl# a
3

its original
/urisdiction
(ppealed to the
C(
the =1C.
(ppealed to
the 61C.
Detition for
review with
the C(
>uestion of
law
8ile a notice of
appeal or a
record on
appeal with the
court of origin
'61C. and give
a cop# to the
adverse part#.
8ile a verified
petition for
review with
the C(. Da#
the docet
and lawful
fees, and D
+II as deposit
for costs with
the C(.
8urnish 61C
and adverse
part# cop# of
such '6 ?%..
8ile a verified
petition for
review on
certiorari with
the SC '6 ?+.
Da# docet
and lawful
fees and D +II
for costs.
Submit proof
of service of a
cop# to the
lower court
and adverse
part#.
<ithin 1+ da#s
from the notice
of the /udgment
for notice of
appeal and
within &I da#s
for records on
appeal. 1he
period for filing
is interrupted
b# a timel#
motion for
reconsidera-
tion or new
trial.
<ithin 1+ da#s
from notice of
the decision
to be
reviewed or
from the
denial of a =6
or new trial.
<ithin 1+ da#s
from notice of
the /udgment
or order or
denial of the
=6 or new
trial.

Section B. A//rova- o' record on
a//ea-.
Drocedure if the appeal is through a
record on appeal
1. file record on appeal
%. appellee ma# file an ob/ection
within + da#s from his receipt
thereof
&. if there is no ob/ection the court
ma#!
approve it as presented$ 06
direct its amendment on its
own or upon the motion of
the adverse part#
?. if an amendment is ordered the
appellant must redraft the
record within the time ordered
or if there is no time, within 1I
da#s from receipt
+. submit the record for approval
with notice on the adverse part#

1he period to appeal is =(A:(106K and
4U6*S:*C1*0A(;. 8ailure to appeal on
time maes the decision final and
e"ecutor# and deprives the appellate
court of /urisdiction.
Eowever in few instances the court has
allowed due course to such appeals on
strong and compelling reasons of
/ustice.
RULE 50
PETITION !OR REVIE; !RO T2E
REGIONAL TRIAL COURTS TO T2E
COURT O! APPEALS
Detition for review is not a matter of
right but discretionar# on the C(. *t ma#
onl# give due course to the petition if it
shows on its face that the lower court
has committed an error of fact andJor
law that will warrant a reversal or
modification of the decision or /udgment
sought to be reviewed$ 06 dismiss the
petition if it finds that it is patentl#
without merit, or prosecuted manifestl#
for dela#, or the >uestions raised therein
are too unsubstantial to re>uire
consideration.
*t is merel# discretionar# on the C( to
order the elevation of the records. 1his
is because until the petition is given due
course, the trial court ma# still issue a
warrant of e"ecution pending appeal and
in some cases such as e/ectment and
those of Summar# Drocedure, the
/udgments are immediatel# e"ecutor#. *t
is onl# when the C( deems it necessar#
that the Cler of the 61C will be ordered
to elevate the records of the case.
RULE 53
4

APPEALS !RO T2E COURT O! TA$
APPEALS AND T2E #UASI>4UDICIAL
AGENCIES TO T2E CA
4udgments and final orders or resolutions
of the A;6C are reviewable b# the
C0U61 08 (DD5(;S in an original action
for certiorari under 6ule 7+ 'St. Martin
@uneral +ome vs. .7C, Sept. 16, 199$".

( part# adversel# affected b# a decision
or ruling of the C1( en 6an# ma# file
with the Supreme Court a verified
petition for review on certiorari pursuant
to 6ule ?+ 7Sec% 12, RA 92:28.
RULE 55
ORDINAR" APPEALED CASES
Section =. A//e--antGs re/-) (rie'.
8ailure to file appellantNs brief on time is
a ground for dismissal of the appeal.
*f a motion to dismiss an appeal has been
filed, it suspends the running of the
period for filing the appellant brief, as
the same would be unnecessar# should
the motion be granted.
1he failure of the appellant to mae
specific assignment of errors in his brief
or page references to the record as
re>uired in this section is a ground for
dismissal of his appeal.
Section 1%. #,estions t6at &a) (e
raised on a//ea-.
1he appeal can raise onl# >uestions of
law or fact that
1. were raised in the court below$
and
%. are within the issues framed b#
the parties thereon.
3RIE! vs. EORANDU
3RIE! EORANDU
0rdinar# appeals Certiorari, Drohibition,
=andamus, Muo
<arranto and Eabeas
Corpus cases
8iled within ?+ da#s within &I da#s
Contents specified
b# 6ules
Shorter, briefer, onl# one
issue involved - no
sub/ect inde" or
assignment of errors /ust
facts and law applicable

RULE 5%
APPEAL 3" CERTIORARI TO T2E
SUPREE COURT
Section 1. !i-ing o' /etition
Ait6 S,/re&e Co,rt
(ppellant serves copies of petition on
adverse parties and to the lower court,
and pa# the corresponding docet fees
SC ma# dismiss the petition or re>uire
the appellee to comment
*f given due course, parties ma#
submit memoranda
SC ma# affirm, reverse, or modif#
/udgment of the lower court
61C, Sandiganba#an or C(
renders decision
(n# part# files a petition for review on
certiorari wJin 1+ da#s from notice of
final /udgment or order of lower court
or notice of denial of motion for
reconsideration or new trial
5

(ppeals to the SC can be taen from a
/udgment or final order or resolution of
the C(, the Sandiganba#an, the 61C or
such other courts as ma#be authoriFed
b# law and onl# b# verified petition for
review on certiorari on >uestions of law
e.ce/t onl# in appeals from /udgments
of the 61C in criminal cases wherein the
penalt# imposed is life imprisonment or
reclusion perpetua which shall be
elevated b# ordinar# appeal, or wherein
the death penalt# is imposed which is
sub/ect to automatic review.
GENERAL RULE! the findings of fact of
the C( are final and conclusive and
cannot be reviewed on appeal to the
SC.
E$CEPTIONS to CONCLUSIVENESS O!
!ACTS*
1. <hen the finding is grounded
entirel# on spe#ulations, surmise
or #on:e#ture$
%. <hen inference made is
mani'estl( a6sur&, mistaen or
impossible$
&. <hen the /udgment is premised
on a misrepresentation o' 'a#ts$
?. <hen there is 5rave a6use o'
&is#retion in the appreciation of
facts$
+. <hen the 'in&in5s o' 'a#t are
#on'li#tin5$
7. <hen the C( in maing its
findings ;ent 6e(on& the issues
o' the #ase and the same is
#ontrar( to 6oth the a&missions
o' appellants an& appellees$
7. <hen the findings of fact of the
C( are at varian#e ;ith those o'
the trial court, the SC has to
review the evidence in order to
arrive at the correct findings
based on the record$
8. <hen the 'in&in5s o' 'a#t are
#on#lusions ;ithout #itation of
specific evidence on which the#
are based$
9. <hen the facts set forth in the
petition as well as in the
petitionerBs main an& repl(
6rie's are not &isputed b# the
respondents$
1I. 1he findings of fact of the C( is
premise& on the suppose&
evi&en#e and is contradicted b#
the evidence on record$
11. <hen certain material 'a#ts and
circumstances have been
overlooCe& b# the trial court
which, i' taCen into account,
;oul& alter the result of the
case in that the# would entitle
the accused to ac>uittal.
Certiorari ,nder R,-e 5% vs. certiorari
,nder R,-e +5?+% 7 s/ecia- civi- action8
CERTIORARI UNDER CERTIORARI UNDER
#UESTIONS O! LA; #UESTIONS O!
!ACT
doubt or controvers#
as to what the law is
on certain facts
doubt or difference
arises as to the truth
or falsehood of facts,
or as to probative
value of the evidence
presented
if the appellate court
can determine the
issue raised without
reviewing or
evaluating the
evidence
the determination
involves evaluation or
review of evidence
Can involve >uestions
of interpretation of
the law with respect
to certain set of facts
>uer# invites the
calibration of the
whole evidence
considering mainl# the
credibilit# of
witnesses, e"istence
and relevanc# of
specific surrounding
circumstances and
relation to each other
and the whole
probabilities of the
situation

RULE 5% RULE +5?+%
petition is based on
>uestions of law
petition raises the
issue as to whether
the lower court acted
without /urisdiction or
in e"cess of
/urisdiction or with
grave abuse of
discretion
*t is a mode of appeal Special civil action
*nvolves the review of
the /udgment award
or final order on the
merits
:irected against an
interlocutor# order of
the court or where
there is no appeal or
an# other plain,
speed# or ade>uate
remed#
=ust be made within
the reglementar#
period
filed not later than 7I
da#s from notice of
/udgment, order or
resolution appealed
from
Sta#s the /udgment or
order appealed from
Unless a writ of
preliminar# in/unction
or temporar#
restraining order is
issued does not sta#
the challenged
proceeding
1he petitioner and the
respondent are the
original parties to the
action, and the lower
court or >uasi-/udicial
agenc# is not
impleaded
1he parties are the
aggrieved part#
against the lower
court or >uasi-/udicial
agenc# and the
prevailing parties
=otion for
reconsideration is not
re>uired
=otion for
reconsideration or for
new trial is re>uired
*f a motion for
reconsideration or new
trial is filed, the
period shall not onl#
be interrupted but
another 7I da#s shall
be given to the
petitioner ' SC (dmin.
=atter II%-I& .
1he court is in the
e"ercise of its
Court e"ercises
original /urisdiction
appellate /urisdiction
and power of review
RULE 5+
ORIGINAL CASES
Section 0. To A6at actions a//-ica(-e.
Under 3.D. 3lg. 1%9, the C( has original
/urisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus
and >uo warranto, and au"iliar# writs or
processes, whether or not the# are in aid
of its appellate /urisdiction, and it has
e"clusive original /urisdiction over
actions for annulment of /udgments of
6egional 1rial Courts.
Section 5. 4,risdiction over /erson1
6oA ac9,ired.
4URISDICTION IS AC#UIRED*
1. 0ver the D51*1*0A56 - b# filing
of the petition.
%. 0ver the 65SD0A:5A1 - b# the
service on the latter of the order
or resolution indicating the
courts initial action on the
petition and A01 b# the service
on him of the petition or b# his
voluntar# submission.
Section %. Action () t6e co,rt.
PROCEDURAL OUTLINE 7origina- cases
in t6e Co,rt o' A//ea-s8
1. 8iling of the petition
%. 0rder to ac>uire /urisdiction
over respondents 06 0utright
dismissal for failure to compl# to
re>uirements also form and
pa#ment of docet and other
legal fees.
&. 6e>uire respondents to file
C0==5A1 within 1I da#s from
A01*C5
?. Court ma# re>uire the filing of a
65D;K or such other pleadings as
it ma# deem necessar#
+. :etermination of 8(C1U(;
*SSU5S, the court ma# delegate
!

the reception of evidence on
such issues to an# of its
members.
RULE 5B
ANNULENT O! 4UDGENTS OR !INAL
ORDERS AND RESOLUTIONS
(nnulment of /udgment is a remed# in
law independent of the case where the
/udgment sought to be annulled was
rendered and ma# be availed of though
the /udgment has been e"ecuted.
0ne important condition for the
availment of this remed# - the petitioner
failed to move for new trial in, or appeal
from, or file a petition for relief against,
or tae other appropriate remedies
assailing the >uestioned /udgment or
final order or resolution through no fault
attributable to him.
*f he failed to avail of those other
remedies without sufficient /ustification,
he cannot resort to annulment provided
in this 6ule, otherwise he would benefit
from his own inaction or negligence.
Gro,nds 'or ANNULENT O! 4UDGENT
1. e"trinsic fraud or collateral
fraud$
%. lac of /urisdiction$
5"trinsic fraud shall not be a valid
ground if it was availed of, or could have
been availed of, in a motion for new
trial or petition for relief.
E$TRINSIC OR COLLATERAL !RAUD is
an# fraudulent act of the prevailing
part# in the litigation which is
committed outside of the trial of the
case, whereb# the defeated part# has
been prevented from e"hibiting full# and
fairl# presenting his side of the case.
E$TRINSIC
!RAUD
LACF O!
4URISDICTION
Deriod of
8iling
action
? #ears from
discover#
3efore it is barred
b# laches or
estoppel
5ffect of
/udgment
1rial court
will tr# the
case
0riginal action
ma# be refiled

Section. %. Action () t6e co,rt.
TAo stages*
1. ( preliminar# evaluation of the
petition for prima facie merit
therein, and
%. 1he issuance of summons as in
ordinar# civil cases and such
appropriate proceedings
thereafter as contemplated in
Sec. 7.
1he rule allows the C( to dismiss the
petition outright as in special civil
actions.
8or the court to ac>uire /urisdiction over
the respondent, the rule re>uires the
issuance of summons should prima facie
merit be found in the petition and the
same is given due course.
RULE 5C
PRELIINAR" CON!ERENCE
Section 3. 3inding e''ect o' t6e res,-ts
o' t6e con'erence
*n the C(, this procedural device ma# be
availed of not onl# in original actions but
also in cases on appeal wherein a new
trial was granted on the ground of newl#
discovered evidence. 1he C( can act as a
trier of facts, hence the preliminar#
conference authoriFed is a convenient
ad/unct to such power and function.
RULE 5=
ORAL ARGUENT
Section 3. No 6earing or ora- arg,&ent
'or &otions
=otions in the SC and the C( do not
contain notices of hearing as no oral
arguments will be heard in support
thereof$ and if the appellate court
desires to hold a hearing thereon, it will
itself set the date with notice to the
parties.
RULE %D
"

DISISSAL O! APPEAL
Section 1. Gro,nds 'or dis&issa- o'
a//ea-
<ith the e"ception of Section 1 'b.
dismissal of an appeal is director# and
not mandator#.
0ther grounds for the dismissal of an
appeal are!
1. b# agreement of the parties, as
where the case was amicabl#
settled b# them.
%. where the appealed case has
become moot or academic.
&. where the appeal is frivolous or
dilator#.
Section 0. Dis&issa- o' i&/ro/er a//ea-
to t6e Co,rt o' A//ea-s
Ao transfer of appeals, erroneousl#
taen to it or to the Court of (ppeals,
whichever of these tribunals has
appropriate appellate /urisdiction, will
be allowed. (lso, elevating such appeal
b# the wrong mode of appeal shall be a
ground for dismissal.
( resolution of the Court of (ppeals
dismissing the appeal and remanding the
case to the trial court for further
proceedings is merel# interlocutor#,
hence a motion for its reconsideration
filed #ear later ma# be entertained and
granted
Section 3. ;it6draAa- o' A//ea-
Court of (ppeals ma# dismiss the appeal
outright even without motion. 1he
remed# if dismissed for improper appeal
is to refile it in the proper forum but has
to be within the prescribed period.
RULE %1
4UDGENT
LaA o' t6e Case E the opinion delivered
on a former appeal. *t means that
whatever is once irrevocabl#
established, as the controlling legal rule
or decision between the same parties in
the same case, continues to be the law
of the case, whether correct on general
principles or not, so long as the facts on
which such decision was predicated
continue to be the facts before the
court.
3ut this rule does not appl# to
resolutions rendered in connection with
the case wherein no rationale has been
e"pounded on the merits of that action.
Section %. !or& o' Decision
1he re>uirement for the statement of
facts and the law refers to a decision or
for that matter a final resolution. 1he
same are not re>uired on minute
resolutions since these usuall# dispose of
the case not on its merits but on
procedural or technical considerations.
(lthough the court ma#, if it feels
necessar#, briefl# discuss the matter on
the merits in an e"tended resolution.
<ith respect to petitions for review and
motions for reconsideration, the
Constitution merel# re>uires a statement
of the legal basis for the denial thereof
or refusal of due course thereto. 1he
court ma# opt, but it is not re>uired to
issue an e"tended resolution thereon.
Section +. 2ARLESS ERROR
1he court, at ever# stage of the
proceeding, must disregard an# error or
defect which does not affect the
substantial rights of the parties such as
error in admission or e"clusion of
evidence or error or defect in the ruling
or order.

Section C. #,estions t6at &a) (e
decided
0nl# errors claimed and assigned b# a
part# will be considered b# the court,
e"cept errors affecting its /urisdiction
over the sub/ect matter. 1o this
e"ception has now been added errors
affecting the validit# of the /udgment
appealed from or the proceedings
therein.
#

5ven if the error complained of b# a
part# is not e"pressl# stated in his
assignment of errors but the same is
closel# related to or dependent on an
assigned error and properl# argued in his
brief such error ma# now be considered
b# the court.

RULE %0
OTION !OR RECONSIDERATION
1he rules now prohibit a second motion
for reconsideration.
Sec. & provides a time limit of 9I da#s
for the resolution of a motion for
reconsideration filed with the Court of
(ppeals from the date the same was
submitted for resolution, which is
normall# the filing of the last pleading
re>uired b# the rules of court or the
e"piration of such period.
6ules now re>uires the service of the
motion to the adverse part#
RULE %3
NE; TRIAL
8iling of a motion for new trial is at an#
time after the perfection of the appeal
from the decision of the lower court and
before the Court of (ppeals loses
/urisdiction over the case
1he ground is newl# discovered evidence
which could not have been discovered
prior to the trial in the court below b#
the e"ercise of due diligence and of such
character as would probabl# alter the
result.
RULE %+
PROCEDURE IN T2E SUPREE COURT
A. ORIGINAL CASES
6ule specificall# states what cases ma#
be originall# filed with the Supreme
Court
1. petition for certiorari,
prohibition, mandamus, >uo
warranto, habeas corpus$
%. disciplinar# proceedings against
members of the /udiciar# and
attorne#s
&. cases affecting ambassadors,
other public ministers and
consuls
3. APPEALED CASES =ode of (ppeal
*n criminal cases where the penalt#
imposed is death or reclusion perpetua,
an appeal made to the Supreme Court is
through a notice of appeal filed with the
61C in all other cases, an appeal made
to the supreme court is through a
petition for review on certiorari.
PROVISIONAL REEDIES
(lso nown as ancillar# or au"iliar#
remedies, are writs and processes
available during the pendenc# of the
action which ma# be resorted to b# a
litigant to preserve and protect certain
rights and interests therein pending
rendition, and for purposes of the
ultimate effects, of a final /udgment in
the case.
1he following are the provisional
remedies provided for in the 6ules of
Court
1. Dreliminar# (ttachment 7R,-e
%B8
%. Dreliminar# *n/unction 7R,-e %C8
&. 6eceivership 7R,-e %=8
?. 6eplevin 7R,-e +D8
+. Support Dendente ;ite 7R,-e +18
PD 1C1C prohibits the issuance of
in/unctive writs not onl# against
government entities but also against an#
person or entit# involved in the
e"ecution, implementation, and
operation of government infrastructure
pro/ects.
RULE %B
PRELIINAR" ATTAC2ENT
1he proper part# ma# have the propert#
of the adverse part# attached at the
commencement of the action or at an#
time before entr# of /udgment.
!0

;2EN iss,ed
1. *n actions for recover# of a
specified sum of mone# or
damages, e"cept moral and
e"emplar#, on a cause of action
arising from law, contract, >uasi-
contract, delict or >uasi-delict
against a part# about to depart
from the Dhils. with intent to
defraud his creditors$
%. *n actions for recover# of mone#
or propert# embeFFled or
fraudulentl# converted to his
own use b# a public officer, or an
officer of a corp., or an
attorne#, factor, broer, agent or
cler, in the course of his
emplo#ment as such, or b# an#
person in a fiduciar# capacit#$
&. *n actions to recover propert#
un/ustl# taen or concealed,
when the propert# or an# of its
part, has been concealed or
disposed of to prevent its being
found b# the applicant or an#
authoriFed person$
?. *n actions against a person guilt#
of fraud in incurring or
performing an obligation upon
which the action is based$
+. *n actions against a part# who
has removed or disposed of his
propert#, or is about to do so,
with intent to defraud his
creditors$
7. *n actions against non-residents
not found in the Dhils., or on
whom summons is served b#
publication.
RULE %C
PRELIINAR" IN4UNCTION
Dreliminar# *n/unction @ an order granted
at an# stage of an action or proceeding
prior to the /udgment re>uiring a part#
or a court, agenc# or a person to refrain
from a particular act or acts.
PRELIINAR" ANDATOR" In:,nction @
an order re>uiring the performance of a
particular act or acts.
Gro,nds
1. applicant is entitled to the relief
demanded$ or
2. commission, continuance or non-
performance of the act
complained of would wor
in/ustice to the applicant if not
en/oined$ or
3. the acts sought to be en/oined
probabl# violates the rights of
the applicant respecting the
sub/ect of the action and
tending to render the /udgment
ineffectual.
Section %.
1here must be prior notice to the person
sought to be en/oined and a hearing
before preliminar# in/unction ma# be
granted.
*f great or irreparable in/ur# would
result to the applicant, the court ma#
issue e" parte a temporar# restraining
order, effective onl# for %I da#s from
service on the part# sought to be
en/oined.
*f the matter is of e"treme urgenc# and
the applicant will suffer grave in/ustice
and irreparable in/ur#, the /udge ma#
issue a 160 effective onl# for 7% hours
from issuance. *ts effectivit# ma# be
e"tended after conducting a summar#
hearing wJin the 7%-hrs period until the
application for preliminar# in/unction
can be heard.
1he total period of effectivit# of the 160
shall not e"ceed %I da#s, including the
7% hours.
*f application is denied or not resolved
within said period, the 160 is deemed
automaticall# vacated.
!1

5ffectivit# of 160 is not e"tendible.
1here is no need of a /udicial declaration
to that effect.
( 160 issued b# the C( or an# of its
members is effective for 7I da#s from
service on the part# sought to be
en/oined.
( 160 issued b# the SC or a member
therof is effective until further orders.
GROUNDS !OR O34ECTION
1. insufficienc#$
%. if in/unction would cause
irreparable damage to the
person en/oined while the
applicant can be full#
compensated for such damages,
D60)*:5: the former files a
30A:.
Distinctions
IN4UNCTION PRO2I3ITION
directed against a
part# in the action
:irected against a
court, tribunal or a
person e"ercising
/udicial powers
does not involve
/urisdiction of the
court
3ased on the ground
that the court against
whom the writ is
sought had acted
without or in e"cess of
/urisdiction
it ma# be the main
action itself or /ust a
provisional remed#
(lwa#s the main
action
RULE %=
RECEIVERS2IP
;2EN A" 3E GRANTED
1. applicant has an interest in the
propert# or fund sub/ect of the
proceeding and such propert# is
in danger of being lost or
materiall# in/ured unless a
receiver is appointed$
%. in foreclosure of mortgage, when
the propert# is in danger of
being wasted or dissipated and
that its value is probabl#
insufficient to discharge the
mortgage debt or that it has
been agreed upon b# the parties$
&. after /udgment, to preserve the
propert# during the pendenc# of
an appeal or to dispose of it
accdg. to the /udgment or to aid
e"ecution$
?. when appointment of receiver is
the most convenient and feasible
means of preserving,
administering or disposing of the
propert# in litigation.
( person who refuses or neglects to
deliver propert# within his control and
which is the sub/ect of the action to the
receiver ma# be punished for contempt
and liable to the receiver for the mone#
or the value of the propert# D;US
damages.
1he receiver shall also file a bond before
entering upon his duties separate from
the bond filed b# the applicant.
RULE +D
REPLEVIN
1he sheriff shall retain the propert# for
+ da#s. <ithin such period, the adverse
part# ma# ob/ect to the sufficienc# of
the applicant9s bond or suret# or he ma#
file a counter-bond.
(fter + da#s and the adverse part# failed
to ob/ect or his counter-bond is
insufficient, the sheriff shall deliver the
propert# to the applicant.
Distinctions
REPLEVIN ATTAC2ENT
=a# be sought onl#
when the principal
action is recover# of
personal propert#.
(vailable even if
recover# of propert# is
onl# incidental to the
relief sought.
Can be sought onl# when
defendant is in actual
possession of the
propert#.
=a# be resorted to even
if the propert# is in
possession of a third
person.
!2

C(AA01 be availed of
when propert# is in
custodia legis
Can be ()(*;5: of even
if propert# is in
CUS10:*( ;52*S.
(vailable before
defendant answers
(vailable from
commencement but
before entr# of
/udgment
3ond is :0U3;5 the
value of the propert#
3ond is 8*L5: b# the
court
RULE +1
SUPPORT OPENDENTE LITEG
<hen ma# be applied for! at the
commencement of the action or at an#
time before /udgment or final order.
8ailure to compl# with an order granting
support pendente lite ma# warrant the
issuance of an order of e"ecution against
the non-compl#ing part#. Ee ma#
liewise be liable for contempt.
See matri< on provisional reme&ies
more &etaile& in'ormation.

Civil Procedure: San Beda College of Law

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