Auteea Remedial Civil Procedure 2019

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
CIVIL PROCEDURE bl
es
Ba
r
Ro
an Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch
ARTHUR P. AUTEA
es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
www.chanroblesbar.com : www.chanroblesbar.com.ph
Jurisdiction
r
Ba
Jurisdiction – the power and authority of the

an
Ro
bl
es
Ba
r
Ch
court to hear, try and decide a case.
an
Ro
b les
Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
le
[Continental Micronesia, Inc. v. Basco, 771 SCRA
b
Ro
an Ba
r
Ch es
329 (2015)] an
Ro
bl
Ba
r
Ch es
bl
Ro
an
Ch
Jurisdiction
r
Ba
Aspects of Jurisdiction: Ro
bl
es
an Ba
r
Ch
a. jurisdiction over the subject matter;
an
Ro
b l es
r
Ba
Ch es
b. jurisdiction over the parties; an
Ro
bl
Ba
r
Ch s
le
c. jurisdiction over the issues of the case; and an
Ro
b
Ba
r
Ch es
d. jurisdiction over the res or thing involved in the

bl
Ro
an Ba
r
Ch es
litigation. b l
Ro
an
Ch
[Boston Equity Resources, Inc. v. Court of Appeals (2013),

699 SCRA 16 (2013)]
Jurisdiction
r
Ba
Jurisdiction over the subject matter

an
Ro
bl
es
Ba
r
Ch es
- jurisdiction of court over the class of cases

b l
Ro
an Ba
r
Ch es
to which a particular case belongs.

bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
[De Pedro v. Romasan Development Corp., 743

Ro
an Ba
r
Ch es
b l
SCRA 52 (2014)] Ch
an
Ro
Jurisdiction
r
Ba
Effect of lack of jurisdiction over subject matter
Ro
bl
es
an Ba
r
Ch
Court must dismiss the case; an
Ro
b les
r
Ba
Ch es
- If lack of jurisdiction is appears on the face of
an
Ro
bl
Ba
r
Ch
the record, appellate court may dismiss the action
s
b le
Ro
an Ba
r
on its own initiative. Ch

Ro
bl
es
an Ba
r
Ch
- Absent jurisdiction, proceedings conducted or an
Ro
bl
es
decisions made by a court are void. Ch
- Decisions rendered without jurisdiction may be

subject of collateral attack
Jurisdiction
r
Ba
Jurisdiction vs. Exercise of Jurisdiction

an
Ro
bl
es
Ba
r
Ch es
- Jurisdiction is the authority to decide a

b l
Ro
an Ba
r
Ch es
case. Jurisdiction is the power or authority

bl
Ro
an Ba
r
Ch s
le
of the court.
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
[Arranza v. B.F. Homes, Inc., 333 SCRA 799, 812

Ro
an
Ch
(2000)]
Jurisdiction
r
Ba
- The exercise of this power or authority is

an
Ro
bl
es
Ba
r
called the exercise of jurisdiction and where

Ch es
b l
Ro
an Ba
r
Ch
there is jurisdiction over the person and the
es
bl
Ro
an Ba
r
Ch
subject matter, the decision on all other

s
b le
Ro
an Ba
r
Ch
questions arising in the case is but an

es
bl
Ro
an Ba
r
Ch es
exercise of that jurisdiction. b l
Ro
an
Ch
(Republic v. “G.” Holdings, Inc., 475 SCRA 608,

619(2005)
Jurisdiction
r
Ba
Error of Jurisdiction vs.RobErrorl es
of Judgment
an Ba
r
a. Error of jurisdiction
Ch
o bl
e s
R
an r
- Occurs when the court exercises
C h
o bl
e s
Ba
jurisdiction not conferred
upon it by law.
R
an Ba
r
h
C es
o bl
- may also occur when the court Ch

an
R
ores tribunal,
Ba
r
although
bl
vested with jurisdiction, acts in excess an
Ro of
Ba
r its jurisdiction or
h
with grave abuse of discretion amounting to lack of
C s
b le
Ro
n
jurisdiction (GSIS v. Oliza, 304 SCRA 421, 426 (2004)
a
C h
- correctible by certiorari (BPI v. Co, 774 SCRA 28 ((2015)
Jurisdiction
r
Ba
b. Error of Judgment an
Ro
bl
es
Ba
r
Ch es
- As long as the court acts within its b l

Ro
an Ba
r
Ch es
jurisdiction, any alleged errors committed in

bl
Ro
an Ba
r
Ch s
le
the exercise of its discretion will amount to

b
Ro
an Ba
r
Ch es
bl
nothing more than mere errors of judgment. Ch
an
Ro
es
Ba
r
bl
(Cabrera v. Lapid, 510 SCRA 55, 66 (2006) Ch

an
Ro
- correctible by appeal.
(BPI v. Co, 774 SCRA 28 ((2015)
Jurisdiction
r
Ba
Jurisdiction over the subject
Ro
bl
es
matter is conferred
an Ba
r
- only by the Constitution oor

Ch
bl
e s
by law
R
an r
- it CANNOT be C h
o bl
e s
Ba
R
a. granted by agreement Cof theblparties;
an r
h Ba
es
R o
b. acquired, waived, enlarged, Ch

an
or diminished
le
s
Ba
r
by any
b
act/omission of the parties Ch
an
Ro
s
Ba
r
e
bl
c. conferred by acquiescence of courts an
R o
Ch
d. conferred by the administrative policy of courts

e. conferred by court’s unilateral assumption of jurisdiction
Jurisdiction
r
Ba
f. by consent or waiver Ro
bl
es
an Ba
r
g. the subject matter of a contact.

Ch
Ro
b l es
an Ba
r
[Republic v. Estipular, 336 SCRA 333 (2000); Arranza

Ch
Ro
bl
es
an r
v. B.F. Homes, 333 SCRA 799 (2000); Tolentino v.
Ch
b le
s
Ba
Ro
Social Security Commission, 138 SCRA 428,434 Ch
an
bl
es
Ba
r
(1985); Cadimas v. Carrion, 567 SCRA 101 (2008); Ch

an
Ro
es
Ba
r
Peralta-Labrador v. Bugarin, 468 SCRA 308 (2005);

b l
Ro
an
Ch
Atlas Developer v. Sarmiento, 184 SCRA 153(1990);
Luna v. Carandang, 26 SCRA 306 (1968)]
Jurisdiction
r
Ba
Jurisdiction over the subject
Ro
bl matter es
an Ba
r
Ch es
l
Jurisdiction is determined an
by the Ro
b
Ba
r allegations in the
h
complaint, as well as byC
thenRocharacter
bl
es
r
of the relief sought.
(Geronimo v. Calderon, 744ChSCRA b564 (2014)
a Ba
e s
l
Ro
an Ba
r
Ch
Jurisdiction does not depend on nthe Ro
bl complaint’s
r
caption.
es
Hence, a complaint merely bearing the s caption, “recovery

a Ba
Ch e
bl
Ro
of possession,” is actually an unlawfulC h
an
detainer case if it
contains jurisdictional facts of said action.
(Spouses Erorita v. Spouses Dumlao, 781 SCRA 551 (2016)
Jurisdiction
Jurisdiction does not depend r on the amount ultimately
Ba
substantiated and awarded bl
e s by the trial court
Ro
[Dionisio v. Sison Puerto,
an
60 lSCRA 471, 477, (1974)]
r
Ba
Ch e s
b
Ro
i.e. complaint for payment Ch
anof 1 Million
e s
Ba
r
filed in RTC,
l
ob
RTC rendered judgment for only h
an
R ₱300,000 Ba
r
C es
* RTC did not lose jurisdiction. It an
R has the authority to render
o bl
r
Ba
judgment for ₱300,000 Ch
o bl
e s
R
an r
*However, the above rule does not apply C h
bl
e in reverse.
s
Ba
R o
Complaint for recovery of loan ₱300,000 Ch
an
filed in MTC
MTC cannot render judgment for ₱1 Million
Jurisdiction
r
Ba
Doctrine of Primary jurisdiction Ro
bl
es
an Ba
r
Ch
- A remedy within the administrative office must
an
Ro
b l es
r
Ba
be resorted to give the administrative officers
Ch
Ro
bl
es
an r
every opportunity to decide a matter within his

Ch
Ro
b le
s
Ba
jurisdiction. Such remedy must be exhausted first

an Ba
r
Ch es
bl
Ro
before the court’s power of judicial review can be an r
Ba
Ch es
b l
Ro
sought. Ch
an
(Garcia v. Tolentino, 12 August, 766 SCRA 277 (2015)
Jurisdiction
r
Ba
- If the determination of the case requires
an
Ro
bl
es
the expertise, specialized training, and

Ch
Ro
b les
Ba
knowledge of an administrative body, relief

an Ba
r
Ch es
bl
Ro
must first be obtained in an administrative an r

Ba
Ch s
b le
Ro
proceeding before resort to the court is Ch

an
bl
es
Ba
r
made even if the matter may well be within

Ro
an Ba
r
Ch es
bl
the latter’s proper jurisdiction Ch

an
Ro
(Nestle Philippines, Inc. v. Uniwide Sales , Inc.,

634 SCRA 232, 240, (2010))
Jurisdiction
r
Ba
The objective of the doctrine: Ro
bl
es
an Ba
r
Ch
- to guide the court in determining whether it
an
Ro
b l es
r
Ba
should refrain from exercising its jurisdiction until
Ch
Ro
bl
es
an r
after an administrative agency has determined

Ch
Ro
b le
s
Ba
some question or some aspects of some question

an Ba
r
Ch es
bl
Ro
arising in the proceeding before the court. an r
Ba
Ch es
b l
Ro
(Nestle Philippines, Inc. v. Uniwide Sales , Inc., 634 Ch
an
SCRA 232, 240, 2010)
Jurisdiction
Examples: es
Ba
r
bl
a. COA - money claims against government

Ch
an
Ro
es
Ba
r
l
agencies.
b
Ro
an Ba
r
Ch es
bl
(The Province of Aklan v. hJody
an King Ba
r Construction and
Ro
Development Corporation, 711nRoSCRAes

C
bl
r
632 (2013)
a Ba
Ch
b. MWSS –best position to evaluate and decide
s
b le
Ro
an Ba
r
which bid for a waterworks project was compatible Ch

Ro
bl
es
an
with its development plan. Ch
(Concerned Officials of the MWSS v. Vasquez, 240 SCRA

502, (1995))
Jurisdiction
r
Ba
c. Civil Service Commission - cases involving the
Ro
bl
es
an Ba
r
employment status of employees.

Ch
Ro
b l es
an Ba
r
(Paloma v. Mora, 470 SCRA 711 (2005)

Ch
Ro
bl
es
an Ba
r
d. Department of Agrarian Reform Adjudicatory

Ch
Ro
b le
s
an r
Board (DARAB) - agrarian dispute over payment Ch

Ro
bl
es
Ba
of back rentals under a leasehold contract.

an Ba
r
Ch es
b l
Ro
an
( Machete v. Court of Appeals, 250 SCRA 176 (1995) Ch
Jurisdiction
r
Ba
e. Department of Agrarian Reform (DAR)- agrarian
Ro
bl
es
an Ba
r
reform matters. Ch
Ro
b l es
an Ba
r
(Cubero v. Laguna Wet Multi-Purpose Cooperatives,

Ch
Ro
bl
es
Inc., 509 SCRA 410, (2006)) an r

Ba
Ch s
b le
Ro
an r
f. Mediator-Arbiter and DOLE –determination of Ch
Ro
bl
es
Ba
factual issues in labor situations. an r

Ba
Ch es
b l
Ro
(Coca-Cola Bottlers Philippines, Inc. v. IPTEU, 770 Ch

an
SCRA 229 (2015))
Jurisdiction
r
Ba
g. GSIS Board – disputes regarding validity

an
Ro
bl
es
Ba
r
Ch
of circulars implementing the GSIS law.
an
Ro
b l es
Ba
r
Ch es
(Garcia v. Tolentino, 12 August 2015) an
Ro
bl
Ba
r
Ch s
le
h. Office of the DAR Secretary –issue of

b
Ro
an Ba
r
Ch es
bl
non-issuance of a notice of coverage under Ch

an
Ro
les
Ba
r
the CARP.
b
Ro
an
Ch
(Heirs of Simeon Latayan v. Tan, 776 SCRA 1

(2015)
Jurisdiction
r
Ba
Exceptions to the Doctrine of Primary Jurisdiction
Ro
bl
es
an Ba
r
Ch
a. where there is estoppel on the part of the party
an
Ro
b les
r
Ba
invoking the doctrine; Ch
Ro
bl
es
an Ba
r
Ch
b. where the challenged administrative act is
s
b le
Ro
an Ba
r
patently illegal, amounting to lack of jurisdiction Ch

Ro
bl
es
an Ba
r
Ch
c. where there is unreasonable delay or official an
Ro
bl
es
inaction that will irretrievably prejudice the Ch
complainant;
Jurisdiction
r
Ba
d. where the amount involved is relatively small as
Ro
bl
es
an Ba
r
to make the rule impractical and oppressive;

Ch
Ro
b les
an Ba
r
e. where the question involved is purely legal and

Ch
Ro
bl
es
an r
will ultimately have to be decided by the courts of

Ch
Ro
b le
s
Ba
justice
an Ba
r
Ch es
bl
Ro
an r
f. where judicial intervention is urgent Ch

Ro
bl
es
Ba
an
g. when its application may cause great and Ch
irreparable damage
Jurisdiction
h. where the controverted acts violate due process
es
Ba
r
bl
i. when the issue of non-exhaustion of administrative

Ch
an
Ro
l es
Ba
r
remedies has been rendered moot

b
Ro
an Ba
r
Ch es
bl
j. when there is no other plain, speedy and adequate
an
Ro
Ba
r
Ch s
remedy an
Ro
b le
r
Ba
Ch es
k. when strong public interest is involved an
Ro
bl
r
Ba
Ch es
l. in quo warranto proceedings an
Ro
b l
Ch
[International Service for the Acquisition of Agri-Biotech
Applications, Inc. v. Greenpeace Southeast Asia, 776 SCRA
434 (2015)
Jurisdiction
r
Ba
Doctrine of Adherence ofobJurisdiction
l es (Continuity of Jurisdiction)
R
an r
- once jurisdiction is vested,
Ch the
b le
s
Ba
same is retained up to end of
litigation. (De la Rosa v. CRoldan,
h
an
Ro
501
s
Ba
r SCRA 34, 51 (2006)
l e
GR: Once the court acquireshajurisdiction, n
R ob
Ba
r it may not be ousted
from the case by subsequent C
events R o bl
es
such as a new legislation
n r
placing such proceedings underChathe jurisdiction b le
s
Ba
of another
tribunal. an
Ro
Ba
r
Ch e s
bl
Exceptions: a. there is an express provision an
R o
in the statute, or
C h
b. the statute is clearly intended to apply to actions pending

before its enactment.
(People v. Cawaling, 293 SCRA 267, 288, (1998)
Jurisdiction
r
Ba
Doctrine of ancillary (Incidental Jurisdiction)
Ro
bl
es
an Ba
r
Ch
- authority of an office or tribunal to do all the
an
Ro
b l es
r
Ba
things necessary for the administration of justice
Ch
Ro
bl
es
an Ba
r
Ch
- within the scope of its jurisdiction, and
s
b le
Ro
an Ba
r
Ch es
- for the enforcement of its judgment and an
Ro
bl
Ba
r
Ch
mandate. an
Ro
b les
Ch
(University of the Immaculate Conception v. Office of the
Secretary of Labor and Employment, 77 SCRA 430 (2015)
Jurisdiction
r
Ba
11. Objections to jurisdiction
Ro
bl
es
over the subject matter
an Ba
r
Earliest opportunity – in aobmotion

Ch
le
s
to dismiss before the
R
filing of the answer Chan e s
Ba
r
o bl
When - may be raised at Cany stage of the proceedings,

R
an Ba
r
h
l es
even for the first time on appeal. an

R ob
Ba
r
Ch e s
[Calimlim v. Ramirez, 118 SCRAan399,406(1982); R o bl
Ba
r Pangalinan
h
v. CA, 321 SCRA 51, 59 (1999);C Francel Realty Corp v.
s
b le
Ro
n
Sycip, 469 SCRA 424, 431 (2005); Commissioner of
a
C h
Internal Revenue v. Mirant Pagbilao Corp., 781 SCRA 364

(2016); Erorita Spouses Dumlao, 781 SCRa 551 (2016)]
Jurisdiction
r
Ba
Effect of estoppel on objection to jurisdiction

an
Ro
bl
es
Ba
r
Ch es
a. General Rule: Jurisdiction over the b l

Ro
an Ba
r
Ch es
subject matter may be raised at any stage

bl
Ro
an Ba
r
Ch s
le
of the proceedings
b
Ro
an Ba
r
Ch es
bl
Exception: a party may be barred from

Ro
an Ba
r
Ch es
b l
raising it on the ground of estoppel

Ro
an
Ch
(La’o v. Republic, 479 SCRA 439, 446 (2005)
Jurisdiction
r
Ba
b. Doctrine of Estoppel by laches

an
Ro
bl
es
Ba
r
Ch es
- belated objection to jurisdiction that was

b l
Ro
an Ba
r
Ch es
raised by a party only when an adverse

bl
Ro
an Ba
r
Ch s
le
decision was rendered by the lower court.

b
Ro
an Ba
r
Ch es
(Tijam v. Sibonghanoy, 23 SCRA 29, 35(1968)

bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Jurisdiction
r
- The Court frowns upon the undesirable practice

Ba
es
bl
Ro
of a party submitting his case for decision and

an r
Ba
Ch es
b l
then accepting the judgment only if favorable, and

Ch
an
Ro
es
Ba
r
bl
attacking it for lack of jurisdiction, when adverse.
Ch
an
Ro
s
Ba
r
e
[United Church of Christ in the Philippines, Inc. v. o bl

R
an Ba
r
Ch
Bradford United Church of Christ, Inc., 674 SCRA les
b
Ro
an Ba
r
92, 104 (2012); Maxicare PCIB Cigna Healthcare v. Ch

Ro
bl
es
Contreras, 689 SCRA 763, 722, (2013); Heirs of Ch

an
Jose Fernando v. De Belen, 700 DVTS 556 (2013)]
Jurisdiction
r
Ba
Jurisdiction over the Parties
Ro
bl
es
(Jurisdiction in personam)
an Ba
r
- power of the court to make

Ch
o bl
e s
decisions that are binding on
R
persons. Ch
an
e s
Ba
r
o bl
(De Pedro v. Romasan Development Corporation, 743

R
an Ba
r
h
C
l es
SCRA 52(2014) h
an
R ob
Ba
r
C
les
R ob
an Ba
r
Ch es
Jurisdiction over the plaintiff an
Ro
bl
C h
- filing of complaint or petition.

(De Pedro v. Romasan Development Corp., 743 SCRA
52(2014)
Jurisdiction
r
Ba
Jurisdiction over the defendant

an
Ro
bl
es
Ba
r
Ch es
- by voluntary appearance and his b l

Ro
an Ba
r
Ch es
submission to its authority or

bl
Ro
an Ba
r
Ch s
b le
- by service of summons
Ro
an Ba
r
Ch es
bl
Ro
(Macasaet v. Co, 697 SCRA 187 (2013) an r

Ba
Ch es
b l
Ro
an
Ch
Jurisdiction
r
Ba
Voluntary appearance Ro
bl
es
an Ba
r
Ch
- appearance that seeks affirmative relief except
an
Ro
b l es
r
Ba
when the relief sought is for the purpose of
Ch
Ro
bl
es
an r
objecting to the jurisdiction of the court over the

Ch
Ro
b le
s
Ba
person of the defendant

an Ba
r
Ch es
bl
Ro
an r
- i.e. filing of motions to admit answer, for Ch

Ro
b les
Ba
additional time to file answer, for reconsideration Ch

an
of default judgment or to lift the order of default.
Jurisdiction
r
Ba
Conditional appearance an
Ro
bl
es
Ba
r
Ch es
- party who makes a special appearance tob l

Ro
an Ba
r
Ch es
challenge, among others, the court’s

bl
Ro
an Ba
r
Ch s
le
jurisdiction over his person cannot be

b
Ro
an Ba
r
Ch es
bl
considered to have submitted to its Ch
an
Ro
es
Ba
r
bl
authority. Ch
an
Ro
Jurisdiction
r
When jurisdiction over othe bl
person of the defendant is
es
Ba
required
R
an r
Ba
Ch e s
bl
anin personam,
o
- required only in action C h
R
e s
Ba
r
bl
- not a prerequisite in an Caction h
an
R o
in Ba
rrem and quasi in rem
es
bl
(Alba v. Court of Appeals, 465 h
an SCRABa495,
R o
r 505-506(2005)
C s
le
Note: In a proceeding in rem orhanquasi Ro
b
in
Ba
r rem, summons
must be served upon the defendant, not for the purpose of

C s
b le
Ro
n
vesting the court with jurisdiction but merely for satisfying
a
C h
the due process requirements.

(Asiavest Limited v. CA, 296 SCRA 539, 554 (1998)
Jurisdiction
Jurisdiction over the issues e s
Ba
r
o bl
- power of the courtChto try land decide issues raised in the

R
an r
Ba
e s
pleadings of the parties.hanRo

b
r
Ba
C e s
[Reyes v. Diaz, 73 Phil 484,anR 487 (1941)] o bl
Ba
r
h
C es
How conferred and determined: an
R o bl
r
Ba
Ch s
a. pleadings filed by the parties;nRoble r
a Ba
Ch
b. agreement in a pre-trial order or Rstipulation [Rule 18,
s
le
ob
n
Sec.2], or
a
Ch
c. Implied consent as by the failure to object to evidence

on issues not raised in the pleadings [Rule 10, Sec. 5]
Jurisdiction
r
Ba
The issue in a case may be either one of law or of fact
Ro
bl
es
an Ba
r
Ch es
b l
Ro
an Ba
r
Question of law – when the doubt or difference arises

Ch
Ro
bl
es
an r
as to what the law is on a certain set of facts
Ch
b le
s
Ba
Ro
an Ba
r
Ch es
bl
Ro
an r
Question of fact – when the doubt or difference arises Ch
bl
es
Ba
Ro
as to the truth or falsehood of the alleged facts Ch
an
[Sps. Santos v. Court of Appeals, 337 SCRA 67, 74

(2000)]
Jurisdiction
r
Ba
The test of whether an issue is one of law or
an
Ro
bl
es
fact is whether the court can determine the

Ch
Ro
b les
Ba
issue raised without reviewing or evaluating

an Ba
r
Ch es
bl
Ro
the evidence. If there is no need for such an r

Ba
Ch e s
o bl
evaluation, the issue is one of law;

R
an Ba
r
Ch es
b l
otherwise, it is a question of fact.

Ro
an Ba
r
Ch es
bl
Ro
[National Association of Electricity Consumers for Ch
an
Reforms v. Manila Electric Company, 805 SCRA

501 (2016)]
Jurisdiction
r
Ba
Jurisdiction over the Resan

Ro
bl
es
Ba
r
Ch es
- jurisdiction over the thing or the property

b l
Ro
an Ba
r
Ch es
which is the subject of the action.

bl
Ro
an Ba
r
Ch s
b le
- necessary when the action is one in rem or

Ro
an Ba
r
Ch es
bl
quasi in rem
Ro
an Ba
r
Ch es
bl
Ro
an
Ch
Jurisdiction
r
Ba
Acquired either by Ro
bl
es
an Ba
r
Ch
(1) actual or constructive seizure by the court of
an
Ro
b l es
r
Ba
the thing in question, thus placing it in
Ch
Ro
bl
es
an Ba
r
custodia legis (e.g. attachment or garnishment) or

Ch s
b le
Ro
an Ba
r
Ch
(2) by statutory authority conferring upon the
es
bl
Ro
an Ba
r
Ch
court power to deal with the property within its an
Ro
b les
territorial jurisdiction (e.g., land registration) Ch
Jurisdiction
r
Ba
On Docket Fees and jurisdiction
Ro
bl
es
an Ba
r
“It has long been settled that

Ch
o bl
e s
while the court acquires
R
jurisdiction over any case Ch
an
onlyles Bupon ar
payment of prescribed
b
docket fees, its non-payment C h
an
Ro
at the
s
Ba
r time of filing of the
e
initiatory pleading does not automatically an
Ro
bl
a r
cause its
B
dismissal provided that: (a) Cthe fees are paid within a
h s
b le
Ro
reasonable period; and (b) there wasbleno intention on the
an r
h Ba
C s
Ro
part of the claimant to defraud the Ch
a n
government.”
[Sy-Vargas v. The Estate of Ogsos, 805 SCRA 438 (2016)]
Jurisdiction of Courts
r
Ba
I. Supreme Court an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
A. Exclusive Original Jurisdiction Ch

an
Ro
b le
s
Ba
r
Ro
- Petition for certiorari, prohibition and an r

Ba
Ch es
bl
Ro
mandamus against the CA, COMELEC, COA, an r

Ba
Ch es
b l
Ro
CTA, Sandiganbayan
an
Ch
r
Ba
B. Concurrent Original Jurisdiction
Ro
bl
es
an Ba
r
Ch
1. With CA an
Ro
b l es
r
Ba
Ch
a. petition for certiorari, prohibition and
es
bl
Ro
an Ba
r
mandamus against:
Ch s
b le
Ro
an Ba
r
Ch es
- RTC, Civil Service Commission, Central Board of an
Ro
bl
Ba
r
Ch
Assessment Appeals, NLRC, and other Quasi- an
Ro
b les
Judicial agencies Ch
b. Petitions for writ of kalikasan
r
Ba
2. With CA and RTC an

Ro
bl
es
Ba
r
Ch es
a. petition for certiorari, prohibition and

b l
Ro
an Ba
r
Ch es
mandamus against lower courts and bodies

bl
Ro
an Ba
r
Ch s
b le
b. petition for quo warranto

Ro
an Ba
r
Ch es
bl
Ro
c. petition for habeas corpus

an Ba
r
Ch es
bl
Ro
an
Ch
r
Ba
3. With RTC an
Ro
bl
es
Ba
r
Ch es
- cases affecting ambassadors, public b l

Ro
an Ba
r
Ch es
ministers, and consul

bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Ro
4. With CA, RTC and Sandiganbayan

an Ba
r
Ch es
bl
Ro
an
a. Petitions for writ of amparo and habeas Ch
data
r
Ba
C. Appellate Jurisdictionan
Ro
bl
es
Ba
r
Ch es
1. Appeal by certiorari under Rule 45 against

b l
Ro
an Ba
r
Ch es
CA, Sandiganbayan, RTC on pure questions

bl
Ro
an Ba
r
Ch s
le
of law and CTA en banc decisions.

b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch
r
Ba
D. Cases which must be heard en banc

an
Ro
bl
es
Ba
r
Ch es
a. cases involving constitutionality of treaty,

b l
Ro
an Ba
r
Ch es
international or executive agreement, or

bl
Ro
an Ba
r
Ch s
le
law,
b
Ro
an Ba
r
Ch es
bl
b. cases involving the constitutionality,

Ro
an Ba
r
Ch es
bl
Ro
application, or operation of presidential Ch
an
decrees, proclamations, orders, instructions,

ordinance, and other regulations
r
Ba
c. cases heard by a division when required number
Ro
bl
es
an Ba
r
in division is not obtained

Ch
Ro
b l es
an Ba
r
d. cases involving a modification or reversal of a

Ch
Ro
bl
es
an r
doctrine or principle of law Ch

Ro
b le
s
Ba
an Ba
r
e. cases involving the discipline of judges of lower Ch

Ro
bl
es
an r
courts Ch
Ro
b les
Ba
an
f. contests relating to the election, returns and Ch
qualifications of the President or Vice-President
r
Ba
E. When Supreme Court en banc is equally divided
Ro
bl
es
an Ba
r
or necessary majority cannot be had:

Ch
Ro
b les
an Ba
r
1. Case shall be deliberated again

Ch
Ro
bl
es
an Ba
r
Ch
2. If no decision was reached =
s
b le
Ro
an Ba
r
Ch es
a. if it is an original action – it shall be dismissed an
Ro
bl
Ba
r
Ch es
b. in appealed cases – the judgment/order an
Ro
bl
Ch
appealed from stands affirmed
r
Ba
II. Court of Appeals an

Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
A. Exclusive Original jurisdiction Ch

an
Ro
b le
s
Ba
r
Ro
- in actions for annulment of judgments of an r

Ba
Ch es
bl
Ro
the RTC
an Ba
r
Ch es
b l
Ro
an
Ch
r
Ba
B. Concurrent Original Jurisdiction

an
Ro
bl
es
Ba
r
Ch es
1. With SC b l
Ro
an Ba
r
Ch es
bl
a. to issue writs of certiorari, prohibition,

Ch
an
Ro
b le
s
Ba
r
and mandamus against, RTC, Civil Service

Ro
an Ba
r
Ch es
bl
Commission, Other quasi-judicial agencies

Ro
an Ba
r
Ch es
bl
Ro
under Rule 43, National Labor Relations Ch
an
Commissions.
r
Ba
2. With SC and RTC an

Ro
bl
es
Ba
r
Ch es
a. to issue writs of certiorari, prohibition,

b l
Ro
an Ba
r
Ch es
and mandamus against lower courts

bl
Ro
an Ba
r
Ch s
b le
b. writs of quo warranto

Ro
an Ba
r
Ch es
bl
Ro
c. habeas corpus
an Ba
r
Ch es
b l
Ro
an
Ch
r
Ba
C. Exclusive appellate Rjurisdiction
ob
l es
an Ba
r
1. by way of ordinary appeal

Ch
o bl
e s
from judgments of RTC and
R
Family Courts Ch
an
e s
Ba
r
o bl
2. by way of petition for review:

R
an Ba
r
h
C es
o bl
a. RTC judgments rendered Cin h

an its appellate
R
e s
Ba
r
jurisdiction
bl
b. Decisions, resolutions, orders Ch
anor award
Ro
s
Ba
r of the Civil
e
Service Commission and other bodies an
Ro mentioned in Rule 43
bl
C h
c. Decisions of the Office of the Ombudsman in

administrative disciplinary case
r
Ba
D. CA sitting en banc an
Ro
bl
es
Ba
r
Ch es
- only for the purpose of exercising b l

Ro
an Ba
r
Ch es
administrative, ceremonial or other non-

bl
Ro
an Ba
r
Ch s
le
adjudicatory functions
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
r
Ba
III. Court of Tax appeals Ro
bl
es
an Ba
r
Ch
A. Exclusive Appellate Jurisdiction an
Ro
b les
r
Ba
Ch es
1. Decisions of the Commissioner of Internal an
Ro
bl
Ba
r
Ch
Revenue in cases involving disputed assessments,
s
b le
Ro
an Ba
r
refunds of internal revenue taxes, fees or other Ch

Ro
bl
es
an r
charges, penalties in relation thereto, or other Ch

Ro
bl
es
Ba
matters arising under the National Internal Ch

an
Revenue or other laws administered by the BIR;
r
Ba
2. Inaction by the Commissioner of Internal
Ro
bl
es
an Ba
r
Revenue in cases involving disputed assessments,

Ch
Ro
b les
an r
refunds of internal revenue taxes, fees or other
Ch
Ro
bl
es
Ba
charges, penalties in relations thereto, or other

an r
Ba
Ch s
b le
Ro
matters arising under the National Internal Ch
an
bl
es
Ba
r
Revenue Code or other laws administered by the Ch

an
Ro
es
Ba
r
bl
BIR, where the National Internal Revenue Code Ch
an
Ro
provides a specific period of action, in which case

the inaction shall be deemed a denial;
r
Ba
3. Decisions, orders orRoresolutions
bl
es
of the RTCs in local tax
cases originally decided an
orbleresolved by them in the exercise
r
Ba
Ch s
Ro
of their original or appellate
Ch
an jurisdiction;
e s
Ba
r
bl
Ro
an Ba
r
Ch s
le
4. Decisions of the Commissioner of BaCustoms in cases
b
Ro
an r
Ch s
involving liability for customs duties, fees or other money
e
o bl
R
an a r
charges, seizure, detention or release

Ch
b l esof property affected,
B
Ro
fines, forfeitures or other penalties Ch in relation thereto, or
a n
other matters arising under the Customs Law or other laws

administered by the Bureau of Customs;
r
Ba
5. Decisions of the CentralRo
bl
es
Board of Assessment Appeals in
the exercise of its appellate
an
jurisdiction over cases involving
r
Ba
Ch s
b le
Ro
the assessment and taxation Ch
an of
e s
Ba real property originally
r
bl
decided by the provincial or an
R city board of assessment
o
Ba
r
h
appeals; C
n
R o bl
es
r
a Ba
Ch s
b le
6. Decisions of the Secretary ofChaFinance

n
s
Ba
r on customs cases
Ro
e
elevated to him automatically for reviewan
Ro bl
from decisions of
the Commissioner of Customs which Ch
are adverse to the
Government under Section 2315 of the Tariff and Customs
Code;
7. Decisions of the Secretary of Trade and
r
Ba
es
bl
Ro
Industry, in the case of non-agricultural product,
Ch
an
b l es
Ba
r
commodity or article, and the Secretary of

Ch
an
Ro
es
Ba
r
bl
Agriculture in the case of agricultural product,
Ch
an
Ro
s
Ba
r
le
commodity or article, involving dumping and an
Ro
b
Ba
r
Ch es
countervailing duties under Sec 301 and 302, an
Ro
bl
Ba
r
Ch
respectively, of the Tariff and Customs Code, and an
Ro
b les
safeguard measures under RA 8800, where either Ch
party may appeal the decision to impose or not to

impose said duties.
r
Ba
IV. Regional Trial Courts Ro
bl
es
an Ba
r
Ch
A. Exclusive Original Jurisdiction an
Ro
b l es
r
Ba
Ch es
1. The action is incapable of pecuniary estimation
an
Ro
bl
Ba
r
Ch s
le
2. Civil actions involving title to, or possession of an
Ro
b
Ba
r
Ch es
real property, or any interest therein an
Ro
bl
Ba
r
Ch es
- assessed value exceeds ₱20,000 outside Metro b l
Ro
an
Ch
Manila, or exceeds ₱50,000 in Metro Manila
Exception: Forcible entry and unlawful detainer
r
Ba
3. Amount involved Ro
bl
es
an Ba
r
Ch
- exceeds ₱300,000 outside Metro Manila or
an
Ro
b l es
r
Ba
Ch es
- exceeds ₱400,000 in Metro Manila an
Ro
bl
Ba
r
Ch s
le
- in the following cases: an
Ro
b
Ba
r
Ch es
bl
a. Actions in admiralty and maritime jurisdictions Ch
an
Ro
Ba
r
les
b. Matters of probate (testate or intestate),

b
Ro
an
Ch
c. Other action involving personal property,
r
Ba
d. Demand for money, exclusive of interest,
Ro
bl
es
an Ba
r
damages of whatever kind, attorney’s fees,

Ch
Ro
b les
an r
litigation expenses and costs. Ch
Ro
bl
es
Ba
an r
*exclusion of “damages of whatever kind” Ch

Ro
b le
s
Ba
an Ba
r
– damages are merely incidental to the main Ch

Ro
bl
es
an r
action Ch
Ro
bl
es
Ba
an
*if claim for damages is the main action, or one of Ch
the causes of action

- the amount shall be considered
r
Ba
4. Actions involving contract of marriage and family
Ro
bl
es
an r
relations, and Ch
b les
Ba
Ro
an r
All actions with Juvenile and Domestic Relations Court
Ch
bl
es
Ba
Ro
and with Court of Agrarian Reform Ch
an
b le
s
Ba
r
Ro
5. General Original Jurisdiction – all cases not within
Ch
an
bl
es
Ba
r
the exclusive jurisdiction of any court, tribunal, person, Ch

an
Ro
es
Ba
r
bl
or body exercising judicial or quasi-judicial functions an
Ro
Ch
6. Intra-Corporate Controversies
(Sec. 52, Securities and Regulations Code)
r
Ba
B. Concurrent Original Jurisdiction bl
es
Ro
1. With SC in cases affecting
Ch
an
ambassadors
le
s
Ba
r
public ministers and consuls
b
Ro
2. With SC and CA an Ba
r
Ch e s
a. petitions for certiorari, prohibition R o bl
and rmandamus against lower
an Ba
courts and bodies Ch
bl
e s
Ro
b. petitions for quo warranto; Ch
an
e s
Ba
r
bl
c. petitions for writs of habeas corpus.hanR o
Ba
r
C e s
3. With SC, CA and Sandiganbayan R o bl
an
a. petitions for writ of amparo and habeas Ch
data
4. With Insurance Commissioner for claims not exceeding ₱100,000
r
Ba
C. Appellate Jurisdictionan
Ro
bl
es
Ba
r
Ch es
Cases decided by lower courts in their b l

Ro
an Ba
r
Ch es
jurisdictions,
bl
Ro
an Ba
r
Ch s
b le
Except those made in the exercise of

Ro
an Ba
r
Ch es
bl
delegated jurisdiction, which are appealable

Ro
an Ba
r
Ch es
b l
Ro
to the CA. Ch
an
r
Ba
D. Special Jurisdiction an
Ro
bl
es
Ba
r
Ch es
SC may designate certain branches of RTCb l

Ro
an Ba
r
Ch es
to try exclusively criminal cases, juvenile

bl
Ro
an Ba
r
Ch s
le
and domestic relations cases, agrarian

b
Ro
an Ba
r
Ch es
bl
cases, urban land reform cases not falling Ch
an
Ro
les
Ba
r
within the jurisdiction of any quasi-judicial

b
Ro
an
Ch
body and other special cases in the interest

of justice
r
Ba
E. Jurisdiction over intra-corporate

an
Ro
bl
es
Ba
r
Ch
controversies an
Ro
b l es
Ba
r
Ch es
Section 5 of P.D. 902-A transferred these

bl
Ro
an Ba
r
Ch s
le
cases from the SEC to the RTC:

b
Ro
an Ba
r
Ch es
bl
a. Devises or schemes amounting to fraud

Ro
an Ba
r
Ch es
b l
Ro
and misrepresentation Ch
an
b. Controversies arising out of intra-

corporate or partnership relations
r
Ba
c. Controversies in the election or

an
Ro
bl
es
Ba
r
Ch
appointments of directors, trustees, officers
an
Ro
b l es
Ba
r
Ch
or manages
es
bl
Ro
an Ba
r
Ch s
le
d. petitions of corporations, partnership or

b
Ro
an Ba
r
Ch es
bl
associations to be declared in the state of Ch
an
Ro
les
Ba
r
suspension of payments when they are

b
Ro
an
Ch
under the management of a Rehabilitation

Receiver or Management Committee.
r
Ba
V. Family Courts (RA 8369)

an
Ro
bl
es
Ba
r
Ch es
1. Petitions for guardianship, custody of

b l
Ro
an Ba
r
Ch es
children and habeas corpus involving

bl
Ro
an Ba
r
Ch s
le
children;
b
Ro
an Ba
r
Ch es
bl
2. Petitions for adoption of children and the

Ro
an Ba
r
Ch es
b l
Ro
revocation thereof; Ch
an
r
Ba
3. Complaints for Ro
bl
es
an Ba
r
Ch
- annulment of marriage, declaration of nullity of
an
Ro
b l es
r
Ba
marriage and Ch
Ro
bl
es
an Ba
r
Ch
- those relating to status and property relations of
s
b le
Ro
an Ba
r
husband and wife or those living together under Ch

Ro
bl
es
an r
different status and agreements, and Ch

Ro
b les
Ba
an
- petitions for dissolution of conjugal partnership Ch
of gains;
r
Ba
4. Petitions for support and/or acknowledgment;
Ro
bl
es
an Ba
r
Ch
5. Summary judicial proceeding brought under the
an
Ro
b l es
r
Ba
provisions of the Family Code Ch
Ro
bl
es
an Ba
r
Ch
6. Petitions for declaration of status of children as
s
b le
Ro
an Ba
r
abandoned, dependent or neglected children, for Ch

Ro
bl
es
an r
voluntary or involuntary commitment of children, Ch

Ro
b les
Ba
and for suspension, termination or restoration of Ch

an
parental authority under PD 603, EO 56 s. 1986

and other related laws;
r
Ba
7. Petitions for the constitution of the family home
Ro
bl
es
an Ba
r
Ch
8. Petition against minors cognizable under
an
Ro
b l es
r
Ba
Dangerous Drugs Act, as amended Ch
Ro
bl
es
an Ba
r
Ch
9. Violation of RA 7610, or the Special Protection
s
b le
Ro
an Ba
r
of Children Against Child Abuse, Exploitation and Ch

Ro
bl
es
an r
Discrimination Act; and Ch

Ro
b les
Ba
an
10. Cases of domestic violence against women and Ch
children
r
Ba
VI. Metropolitan Trial Courts. Municipal Trial
Ro
bl
es
an Ba
r
Courts Ch
Ro
b les
an Ba
r
A. Exclusive Original Jurisdiction

Ch
Ro
bl
es
an Ba
r
Ch
1. Amount involved
s
b le
Ro
an Ba
r
Ch es
- does not exceed ₱300,000 outside Metro Manila an
Ro
bl
Ba
r
Ch es
- does not exceed ₱400,000 in Metro Manila an
Ro
bl
Ch
- in the following cases:

a. Actions in admiralty and maritime jurisdiction;
r
Ba
b. Matters of probate (testate or intestate)
Ro
bl
es
an Ba
r
Ch
c. Other actions involving personal property
an
Ro
b les
r
Ba
Ch es
d. Demand for money; an
Ro
bl
Ba
r
Ch s
le
*jurisdictional amount does not include interest, an
Ro
b
Ba
r
Ch es
damages, attorney’s fees, litigation expenses and an
Ro
bl
Ba
r
Ch
costs. an
Ro
bl
es
Ch
*if claim for damages is the main action, or one of
the causes of action
- the amount shall be considered
2. Actions involving title to, or possession of
es
Ba
r
bl
real property, or any interest therein where

Ch
an
Ro
b les
Ba
r
the assessed value: Ch

an
Ro
bl
es
Ba
r
Ro
- does not exceed ₱20,000 outside Metro an r

Ba
Ch s
b le
Ro
Manila or an r
Ba
Ch es
bl
Ro
an Ba
r
- does not exceed ₱50,000 in Metro Manila Ch
an
Ro
bl
es
Ch
3. Inclusion and exclusion of voters

4. Cases Summary Procedure
r
Ba
5. Forcible entry and unlawful detainer
Ro
bl
es
an Ba
r
Ch
- the issue of ownership shall be resolved only to
an
Ro
b l es
r
Ba
determine the issue of possession (provisional
Ch
Ro
bl
es
an r
only) Ch
Ro
b le
s
Ba
an Ba
r
6. Other civil cases, the total amount of plaintiff’s Ch

Ro
bl
es
an r
claim does not exceed ₱200,000 in Metro Manila, Ch

Ro
b les
Ba
exclusive of interests and cost Ch

an
XPT: probate proceedings
r
Ba
B. Special Jurisdiction an
Ro
bl
es
Ba
r
Ch es
- over petition for writ of habeas corpus or

b l
Ro
an Ba
r
Ch es
bl
- application for bail in criminal cases in

Ch
an
Ro
b le
s
Ba
r
absence of all RTC judges in the province or

Ro
an Ba
r
Ch es
bl
city
Ro
an Ba
r
Ch es
bl
Ro
an
Ch
C. Delegated Jurisdiction Bto ar
hear and decide cadastral and
s
land registration casesnRowhere:
bl
e
r
a Ba
1. There is no controversy
Ch
R o blover the land
e s
an Ba
r
2. In case of contested lands, bl the value does not exceed

C h s
e
R o
₱100,000: an r
h Ba
C es
o bl
R
a. The value is to be ascertained: Ch
an
e s
Ba
r
o bl
i. By the claimant’s affidavit Chan

R
r
Ba
e s
bl
ii. By agreement of the respectiveChclaimants, if there are
R o
an
more than one

iii. From the corresponding tax declaration of the real
property
r
Ba
VII. Jurisdiction over small claims

an
Ro
bl
es
Ba
r
Ch es
A. Jurisdictional amount: b l
Ro
an Ba
r
Ch es
bl
MTCs, MeTCs and MCTCs shall have Ch

an
Ro
b le
s
Ba
r
jurisdiction over actions for payment of

Ro
an Ba
r
Ch es
bl
money where the value of claim does not

Ro
an Ba
r
Ch es
b l
Ro
exceed ₱400,000 (Effective 1 April 2019) Ch
an
r
Ba
B. Applicability Ro
bl
es
an Ba
r
Ch
1. All actions which are an
Ro
b l es
r
Ba
Ch es
a. purely civil in nature where the claim or relief
an
Ro
bl
Ba
r
Ch
prayed for by the plaintiff is solely for payment or
s
b le
Ro
an Ba
r
reimbursement of sum of money, and Ch

Ro
bl
es
an Ba
r
Ch
b. the civil aspect of criminal action, or reserved an
Ro
b les
upon the filing of the criminal action in court, Ch
pursuant to Rule of 111 of the Revised Rules of

Criminal Procedure.
r
Ba
2. These claims or demands may be:
Ro
bl
es
an Ba
r
Ch
a. For money owed under any of the following;
an
Ro
b l es
r
Ba
Ch es
1. Contract of Lease; an
Ro
bl
Ba
r
Ch s
le
2. Contract of Loan; an
Ro
b
Ba
r
Ch es
bl
3. Contract of Services; Ch
an
Ro
Ba
r
les
4. Contract of Sale; or
b
Ro
an
Ch
5. Contract of Mortgage;
r
Ba
b. For damages arising from any of the

an
Ro
bl
es
Ba
r
Ch
following; an
Ro
b l es
Ba
r
Ch es
1. Fault or negligence;
bl
Ro
an Ba
r
Ch s
b le
2. Quasi-contract; or
Ro
an Ba
r
Ch es
bl
Ro
3. Contract;
an Ba
r
Ch es
b l
Ro
an
Ch
r
c. The enforcement of a barangay amicable

Ro
bl
es
Ba
settlement or an arbitration award involving

an r
Ba
Ch es
b l
a money claim covered by this Rule

Ch
an
Ro
es
Ba
r
pursuant to Sec. 417 of RA 7160, otherwise

bl
Ro
an Ba
r
Ch
known as the Local Government Code of

s
b le
Ro
an Ba
r
1991. [Sec. 4, Applicability] Ch
an
Ro
bl
es
r
Ba
Ch es
bl
Ro
an
Ch
r
Ba
VIII. Cases Covered by Rules on Summary
Ro
bl
es
an r
Procedure Ch
b l es
Ba
Ro
an r
1. Civil cases subject to Summary Procedure
Ch
bl
es
Ba
Ro
an r
a. forcible entry and unlawful detainer, irrespective of
Ch
b le
s
Ba
Ro
amount of damages or unpaid rentals sought to be Ch
an
bl
es
Ba
r
recovered; and Ch
an
Ro
es
Ba
r
b l
b. other cases where total amount of claim does not Ch

an
Ro
exceed ₱100,000 (outside Metro Manila ) or ₱200,000

(in Metro Manila, exclusive of interests and costs)
r
Ba
2. Prohibited pleadings: an
Ro
bl
es
Ba
r
Ch es
a. Motion to dismiss the compliant except on

b l
Ro
an Ba
r
Ch es
the ground of lack of jurisdiction;

bl
Ro
an Ba
r
Ch s
b le
b. Motion for a bill of particulars;

Ro
an Ba
r
Ch es
bl
Ro
c. Motion for new trial, or for

an Ba
r
Ch es
bl
Ro
reconsideration of a judgment, or for

an
Ch
reopening of trial;
r
Ba
d. Petition for relief from judgment;

an
Ro
bl
es
Ba
r
Ch es
e. Motion for extension of time to file b l

Ro
an Ba
r
Ch es
pleadings, affidavits, or any other paper;

bl
Ro
an Ba
r
Ch s
b le
f. Memoranda;
Ro
an Ba
r
Ch es
bl
Ro
g. Petition for certiorari, mandamus, or

an Ba
r
Ch es
b l
Ro
prohibition against any interlocutory order

an
Ch
issued by the court;
r
Ba
h. Motion to declare the defendant in

an
Ro
bl
es
Ba
r
Ch
default; an
Ro
b l es
Ba
r
Ch es
i. Dilatory motions for postponement;

bl
Ro
an Ba
r
Ch s
b le
j. Reply;
Ro
an Ba
r
Ch es
bl
Ro
k. Third-party complaints; and

an Ba
r
Ch es
b l
Ro
an
l. Interventions. [Sec. 14, Prohibited Ch
pleadings and motions]
r
Ba
IX. Cases Covered by Barangay

an
Ro
bl
es
Ba
r
Ch
Conciliation an
Ro
b les
Ba
r
Ch es
General Rule: The Lupon of each barangay

bl
Ro
an Ba
r
Ch s
le
shall have the authority to bring together

b
Ro
an Ba
r
Ch es
bl
- the parties actually residing in the same

Ro
an Ba
r
Ch es
bl
Ro
municipality or city for amicable settlement Ch
an
of all disputes
r
Ba
Exceptions: Ro
bl
es
an Ba
r
1. one party is government or any subdivision or

Ch
Ro
b l es
an r
instrumentality thereof Ch
bl
es
Ba
Ro
an r
2. one party is a public officer/employee, and the
Ch
b le
s
Ba
Ro
dispute relates to the performance of his official Ch
an
bl
es
Ba
r
functions Ch
an
Ro
es
Ba
r
b l
3. offenses punishable by imprisonment exceeding 1 Ch

an
Ro
year or a fine exceeding ₱5,000

4. offenses where there is no private offended party
r
Ba
5. dispute over real properties located in different
Ro
bl
es
an Ba
r
cities /municipalities Ch
Ro
b les
an Ba
r
Exception: parties agree to submit their difference

Ch
Ro
bl
es
an r
to amicable settlement by appropriate luponCh

Ro
b le
s
Ba
an Ba
r
6. parties residing in different cities/municipalitiesCh

Ro
bl
es
an Ba
r
Ch
Exception: barangay units adjoin each other and an
Ro
bl
es
parties agree to submit their difference to Ch
amicable settlement by appropriate lupon
r
Ba
7. other classes of disputes which the

an
Ro
bl
es
Ba
r
Ch
President may determine or recommended
an
Ro
b l es
Ba
r
Ch
by Secretary of Justice
es
bl
Ro
an Ba
r
Ch s
le
8. complaints by or against corporations,

b
Ro
an Ba
r
Ch es
bl
partnerships, or judicial entities Ch
an
Ro
les
Ba
r
b
Ro
an
Ch
9. where urgent legal action is necessary to
es
Ba
r
prevent injustice: an
Ro
bl
Ba
r
Ch es
l
a. criminal case where accused is under police

b
Ro
an Ba
r
Ch es
custody or detention an
Ro
bl
Ba
r
Ch s
le
b. petition for habeas corpus by a person illegally
b
Ro
an Ba
r
Ch es
detained or deprived of his liberty or one acting in an
Ro
bl
Ba
r
Ch
his behalf les
b
Ro
an
Ch
c. action coupled with provisional remedies

d. where action may be barred by statute of
limitation
r
Ba
10. labor disputes or controversies arising

an
Ro
bl
es
Ba
r
Ch
from employer-employee relationship an
Ro
b l es
Ba
r
Ch es
11. disputes arising from Comprehensive

bl
Ro
an Ba
r
Ch s
le
Agrarian Reform Law

b
Ro
an Ba
r
Ch es
bl
12. Action to annul judgment upon

Ro
an Ba
r
Ch es
b l
Ro
compromise which can be directly filed in Ch
an
court.
Part I: The 1997 Rules of Civil

Procedure
Rule 1: General Provisions r
Ba
es
bl
Rules of Court is applicable in
Ch
an
Ro
l es
Ba
r
b
Ro
a. What Courts: All courts Ch
an
bl
es
Ba
r
Ro
an r
Except as otherwise provided Ch

Ro
b le
s
Ba
an Ba
r
b. What Cases:
Ch es
bl
Ro
an Ba
r
Ch es
Civil or criminal, and special proceedings

b l
Ro
an
Ch

Procedure
Rule 1: General Provisions
r
Ba
es
bl
Ro
an Ba
r
Ch es
b l
Ro
Civil Action – enforcement or protection of a
Ch
an
bl
es
Ba
r
Ro
right or prevention or redress of a wrong

Ch
an
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Procedure
r
Ba
es
bl
Kinds of Civil action

Ro
an Ba
r
Ch es
b l
Ro
Ordinary
an Ba
r
Ch es
bl
Ro
an Ba
r
Special Ch
an
Ro
b le
s
r
Ba
Ch es
*both are governed by rules on ordinary Ch

an
Ro
bl
Ba
r
es
action, subject to specific rules prescribed b l

Ro
an
Ch
for special civil action

Procedure
r
Ba
es
bl
Ro
an Ba
r
Ch es
Criminal Action – State prosecutes

b l
Ro
an Ba
r
Ch es
bl
Ro
act or omission punishable by law Ch

an
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Procedure
r
Ba
Rules of Court not applicable
Ro
bl – es
n r
Election casesCha bl
e s
Ba
o
Land registrationChan
R
r
Ba
e s
bl
Naturalization h
an
R o
Ba
r
C es
Insolvency proceedingsanR o bl
r
Ba
Ch
Other cases e s
o bl
R
an Ba
r
Exception: C h
o bl
e s
R
1) by analogy or Ch
an
2) in suppletory character and

3) whenever practicable and convenient

Procedure
r
Ba
es
Commencement of Action – filing of original

bl
Ro
an Ba
r
Ch es
l
complaint in court
b
Ro
an Ba
r
Ch es
bl
If additional defendant is impleaded in a

Ro
an Ba
r
Ch s
b le
Ro
later pleading, with regard to said Ch

an
bl
es
Ba
r
Ro
additional defendant, commencement is an r

Ba
Ch es
b l
Ro
an
on the date of filling of the later pleading Ch
Construction – liberally construed

Procedure
r
Ba
es
bl
Civil Action, Criminal hActions
an
Ro
Ba
r, Special Proceedings
C s
le
Civil Action – a party an
Ro
b
sues r
another for the
Ba
enforcement or protection of la right, or the prevention or
h
C es
b
Ro
n r
redress of a wrong” C h
a
bl
es
Ba
R o
(Sec. 3[a], Rule 1) Ch

an
bl
e s
Ba
r
o
Criminal Action – the State prosecutes a person for
R
an Ba
r
C h s
l e
an act or omission punishable by law (Sec. 3[b], Rule 1)

b
Ro
an
C h
Special Proceedings – the purpose is to establish a

status a right or a particular fact

Procedure
r
Ba
Special Proceedings under Section 1 of Rule 72
Ro
bl
es
an Ba
r
Ch
a. Settlement of estate of deceased persons;
an
Ro
b l es
r
Ba
Ch es
b. Escheat; an
Ro
bl
Ba
r
Ch s
le
c. Guardianship and custody of children; an
Ro
b
Ba
r
Ch es
bl
d. Trustees; Ch
an
Ro
Ba
r
les
e. Adoption;
b
Ro
an
Ch
f. Rescission and revocation of adoption;

g. Hospitalization of insane persons;

Procedure
r
Ba
h. Habeas corpus; Ro
bl
es
an Ba
r
i. Change of name; Ch
Ro
b l es
an Ba
r
j. Voluntary dissolution of corporations;

Ch
Ro
bl
es
an Ba
r
k. Judicial approval of voluntary recognition of minor

Ch
Ro
b le
s
an r
natural children; Ch
bl
es
Ba
Ro
an r
l. Constitution of family home; Ch
b les
Ba
Ro
an
m. Declaration of absence and death; and Ch
n. Cancellation or correction of entries in the civil

registry.

Procedure
r
Ba
Special Civil Actions an

Ro
bl
es
Ba
r
Ch es
a. Interpleader b l
Ro
an Ba
r
Ch es
bl
b. Declaratory relief and similar remedies

Ch
an
Ro
b le
s
Ba
r
Ro
c. Review of judgments and final orders or an r

Ba
Ch es
bl
Ro
resolutions of Commission on Elections and

an Ba
r
Ch es
bl
Ro
the Commission on Audit

an
Ch
d. Certiorari, prohibition, and mandamus

Procedure
r
Ba
e. Quo warranto an
Ro
bl
es
Ba
r
Ch es
f. Expropriation; b l
Ro
an Ba
r
Ch es
bl
g. Foreclosure of real estate mortgage Ch

an
Ro
b le
s
Ba
r
Ro
h. Partition an r
Ba
Ch es
bl
Ro
an Ba
r
i. Forcible entry and unlawful detainer; and Ch
an
Ro
b les
Ch
j. Contempt.
Civil Actions: Ordinary Civil

Actions
Rule 2: Cause of Action
r
Ba
Cause of action an
Ro
bl
es
Ba
r
Ch es
Basis of an ordinary action (Sec. 1,b l

Ro
an Ba
r
Ch es
bl
Rule 2) Ch
an
Ro
b le
s
Ba
r
Ro
Act or omission an r
Ba
Ch es
bl
Ro
an Ba
r
Party violates a right of another Ch
an
Ro
b les
Ch
(Sec. 2, Rule 2)

Actions
r
Ba
Elements of cause of action Ro
bl
es
an Ba
r
a. legal right in favor of the

Ch
o bl plaintiff
e s
R
an r
b. correlative legal duty of the
C h
o bl
e defendant to respect such
s
Ba
right; and
R
an Ba
r
h
C es
o bl
c. act or omission by the defendant Ch

an
R
e s
Bin
ar violation of the right
bl
of the plaintiff with a resulting injury an
R o
orBardamage to the
h
plaintiff for which the latter may maintain an action for the
C s
b le
Ro
n
recovery of relief from the defendant.
a
C h
[Metropolitan Bank v. Ley Construction and Development

Corporation, 743 SCRA 618 (2014)]

Actions
r
Ba
Failure to state cause of
Ro
bl action vs. Lack of cause of action
es
an Ba
r
Ch es
b l
Ro
an r
The Court had emphasized, oon bl
Ch various occasions, that es
Ba
failure to state a cause ofChaction and lack of cause of action

R
an Ba
r
l es
are distinct grounds to dismiss an a particular

R ob
Ba
r action. The
Ch s
former refers to the insufficiencynRof ob
le
the rallegations in the
a Ba
pleading, while the latter to the insufficiency
Ch
bl
e s
of the factual
Ro
basis for the action. [Westmont Bank C h
an
v. Funai Philippines
Corporation, 762 SCRA 82 (2015)]

Actions
r
Ba
Test whether or not complaint states a cause of action
Ro
bl
es
an Ba
r
Ch es
b l
Ro
an Ba
r
Admitting the truth of the facts alleged, can the court

Ch
Ro
bl
es
an r
render a valid judgment in accordance with the
Ch
b le
s
Ba
Ro
prayer? To be taken into account are only the material
Ch
an
bl
es
Ba
r
allegations in the complaint. Extraneous facts and Ch

an
Ro
es
Ba
r
circumstances or other matters aliunde are not

bl
Ro
an
Ch
considered.
[Zepeda v. China Banking Corporation, 504 SCRA 126, 131-
132, (2006)]

Actions
r
Ba
One suit for a single cause
Ro
bl of action (Sec. 3, Rule 2)
es
an Ba
r
Ch es
b l
Ro
an r
Splitting of Cause of Action obl Ch es
Ba
R
- two or more suits instituted an
onblesthe basis of the same
r
h Ba
C
cause of action (Sec.4, RuleCh2a ) n

Ro
e s
Ba
r
bl
Ro
an Ba
r
Ch es
l
A cause of action may give rise tohaseveral reliefs but only
b
Ro
n
C
one action can be filed, not one action for each relief.
(Riviera Golf, Inc. v. CCA Holdings B.V., 758 SCRA
691[2015])

Actions
r
Ba
Action vs. Cause of action Ro
bl
es
an Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
Action – the suit filed in court for the enforcement
an
Ro
bl
Ba
r
Ch
or protection of a right, or the prevention or
s
b le
Ro
an Ba
r
redress of a wrong. (Section 3[a], Rule 1) Ch

Ro
bl
es
an Ba
r
Ch es
b l
Ro
an
Ch
Cause of Action- basis of the action filed (Section
1, Rule 2)

Actions
r
Ba
Three tests to ascertain Ro
blwhether two suits relate to a single
es
or common cause ofChaction

an r
Ba
e s
o bl
R
a. Whether the same evidenceC h
an
e s
Bawould support and sustain
r
bl
both the first and second Ccauses h
an
R o
of
Ba
r action (“same
es
evidence” test); an
R o bl
r
Ba
Ch s
b. Whether the defenses in one case may be used to
e
o bl
R
an a r
substantiate the complaint in the Ch

other; b l es
B
and
Ro
an
c. Whether the cause of action in Cthe second case existed h
at the time of the filing of the first complaint.

(Umale v. Canoga Park Development Corporation, 654
SCRA 155, 162[2011])

Actions
r
Ba
Effect of splitting a single cause of action

an
Ro
bl
es
Ba
r
Ch es
- filing of another one (litis pendentia), or a

b l
Ro
an Ba
r
Ch es
judgment upon the merits (res judicata) in

bl
Ro
an Ba
r
Ch s
le
the other one

b
Ro
an Ba
r
Ch es
bl
- ground for the dismissal of the other (Sec.

Ro
an Ba
r
Ch es
bl
4, Rule 2)
Ro
an
Ch

Actions
r
Ba
Joinder of Cause of Actionan

Ro
bl
es
Ba
r
Ch es
- One pleading may assert as many causes b l

Ro
an Ba
r
Ch es
of action against the opposing party

bl
Ro
an Ba
r
Ch s
b le
- Subject on the following conditions:

Ro
an Ba
r
Ch es
bl
Ro
a. Comply with rules on joinder of parties

an Ba
r
Ch es
b l
Ro
an
b. not include special civil actions or actions Ch
governed by special rules

Actions
r
Ba
c. same parties but differentRo
bl
es
venues or jurisdiction, joinder
in the RTC an r
Ba
Ch e s
o bl
R
provided: C h
an
e s
Ba
r
o bl
1. one of the causes of action falls Ba within its jurisdiction

R
an r
h
C es
bl
and an
R o
Ba
r
Ch e s
bl
2. venue lies therein an
R o
Ba
r
C h s
e
d. Totality Rule an
R o bl
Ch
- if all causes of action are principally for recovery of
money, the aggregate amount claimed = test of jurisdiction
(Sec. 5, Rule 2)

Actions
r
Ba
es
bl
Misjoinder of causes of action

Ro
an Ba
r
Ch es
b l
Ro
- not a ground for dismissal

an Ba
r
Ch es
bl
Ro
an Ba
r
- on a motion of party/ court’s initiative, it

Ch
an
Ro
b le
s
r
Ba
may be severed and proceeded with Ch
an
Ro
bl
es
Ba
r
separately
Ch es
b l
Ro
an
Ch
Rule 3: Parties to Civil Actions

r
Ba
Who may be parties an

Ro
bl
es
Ba
r
Ch es
Natural b l
Ro
an Ba
r
Ch es
bl
Juridical persons Ch
an
Ro
b le
s
Ba
r
Ro
Entities authorized by law an r

Ba
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Art. 44 of the Civil Code enumerates juridical persons:
Ro
bl
es
an Ba
r
a. The State and its political subdivisions;

Ch
Ro
b les
an Ba
r
b. Other corporations, institutions and entities for

Ch
Ro
bl
es
an r
public interest or purpose, created by law; and
Ch
b le
s
Ba
Ro
an r
c. Corporations, partnerships and associations for Ch
bl
es
Ba
Ro
private interest or purpose to which the law grants a Ch
an
bl
es
Ba
r
juridical personality, separate and distinct from that of Ch

an
Ro
each shareholder, partner or member

r
Ba
Examples of Entities authorized by law to be
Ro
bl
es
an Ba
r
parties Ch
Ro
b les
an Ba
r
a. Corporation by estoppel Ch
Ro
bl
es
an Ba
r
Ch
b. estate of a deceased person
s
b le
Ro
an Ba
r
Ch
[Nazareno v. CA, 343 SCRA 637,nR653
ob
l
(2000)]
r
es
a Ba
Ch
c. Roman Catholic Church, archbishop or diocese
s
b le
Ro
an
Ch
(Barlin v. Ramirez, 7 Phil 41 (1906))

r
Ba
Plaintiff an
Ro
bl
es
Ba
r
Ch es
(1) claiming party, b l

Ro
an Ba
r
Ch es
bl
(2) the counter-claimant, Ch

an
Ro
b le
s
Ba
r
Ro
(3) the cross-claimant, or the third an r

Ba
Ch es
bl
Ro
(fourth, etc)-party plaintiff

an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Defendant an
Ro
bl
es
Ba
r
Ch es
(1) original defending party b l

Ro
an Ba
r
Ch es
bl
(2) defendant in a counterclaim, Ch

an
Ro
b le
s
Ba
r
Ro
(3) the cross-defendant, or the third an r

Ba
Ch es
bl
Ro
(fourth, etc.)-party defendant

an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Real party in interest - party bl to be benefited or injured by the
es
Ro
judgment, or party entitled
Ch
an
toles the
Ba
r
avails of the suit
b
Ro
an Ba
r
Ch es
bl
*Party’s interest must be REAL h
an Ba
Ro
r
C es
- which is substantial interest as ndistinguished
Ro bl
r
from a mere
a a
expectancy or a future, contingent Ch
subordinate
o b le
s
B
or consequential
interest (Rayo v. Metrobank, 539 CSCRA
R
h
an 571, e s
Ba
r
579 (2007)
bl
Ro
an
Ch
-Interest that is material and direct, as distinguished from a

mere incidental interest (Mayor Rhustom Dagadag v. Michael C.
Tongnawa, 450 SCRA 437, 434-444 (2005)

r
Ba
Every action must be prosecuted or defended in
Ro
bl
es
an Ba
r
the name of the real party in interest

Ch
Ro
b les
an Ba
r
Exception: authorized by law or these Rules

Ch
Ro
bl
es
an Ba
r
Ch
*If not brought in the name of real party interest,
s
b le
Ro
an Ba
r
a motion to dismiss may be filed on the ground Ch

Ro
bl
es
an r
that the complaint states no cause of action Ch

Ro
bl
es
Ba
an
[Spouses Laus v. Optimum Security Services, Inc., Ch
783 SCRA 257 (2016)]

r
Ba
Doctrine of locus standi Ro
bl
es
an Ba
r
- legal standing Ch
Ro
b les
an Ba
r
- this means personal and substantial interest in a case

Ch
Ro
bl
es
an r
such that the party has sustained or will sustain direct
Ch
b le
s
Ba
Ro
injury Ch
an
bl
es
Ba
r
Ro
- In Funa v. Agra, 691 SCRA 196, 207 to 208 (2013) Ch
an
bl
es
Ba
r
Ro
“1.) For taxpayers, there must be a claim of illegal Ch
an
disbursement of public funds or that the tax measure

is unconstitutional;

r
Ba
2.) For voters, there must be showing of obvious
Ro
bl
es
an Ba
r
interest in the validity of election law in question;

Ch
Ro
b les
an Ba
r
3.) For concerned citizens, there must be a

Ch
Ro
bl
es
an r
showing that the issues raised are of Ch

Ro
b le
s
Ba
transcendental importance which must be settled

an Ba
r
Ch es
bl
Ro
early; and an r
Ba
Ch es
bl
Ro
4.) For legislators, there must be a claim that the Ch

an
official action complained of infringes their

prerogatives as legislators.”

r
Ba
Representative as parties Ro
bl
es
an Ba
r
- acting in a fiduciary capacity

Ch
o bl
e s
R
an r
- Beneficiary shall be included
C h
o bl
e in title of the case and shall
s
Ba
be deemed to be the realChparty in Ba interest

R
an r
es
o bl
- trustee of an express trust,Chaan n

R
executor
e s
Ba
r
or administrator,
l
authorized by law or these RulesanRob Ba
r
Ch e s
- Agent (acting in his own name and an
R for the benefit of an
o bl
undisclosed principal) may sue orC be sued without joining

h
the principal. Exception: things belonging to the principal

r
Ba
Spouses as parties Ro
bl
es
an Ba
r
Ch
Husband and wife shall sue or be sued jointly.
an
Ro
b les
r
Ba
Ch es
Exception: except as otherwise provided by law an
Ro
bl
Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Minor or incompetent persons Ch
an
Ro
Ba
r
es
bl
- with assistance of his father, mother, guardian, Ch
an
Ro
or if he has none, a guardian ad litem

r
Ba
Permissive joinder of parties

an
Ro
bl
es
Ba
r
Ch es
- same transaction or series of transactions

b l
Ro
an Ba
r
Ch es
is alleged to exist
bl
Ro
an Ba
r
Ch s
b le
- whether jointly, severally, or in alternative

Ro
an Ba
r
Ch es
bl
Ro
- join as plaintiffs or as defendants in one

an Ba
r
Ch es
bl
Ro
complaint
an
Ch
- any question of law or fact common to all

such plaintiffs/defendants

r
Ba
Compulsory joinder of indispensable parties
Ro
bl
es
an Ba
r
Ch
Without whom no final determination can be had
an
Ro
b les
r
Ba
Ch es
bl
Ro
an Ba
r
Ch s
le
Necessary Party an
Ro
b
Ba
r
Ch es
bl
Not indispensable but who ought to be joined as a Ch
an
Ro
Ba
r
es
party if complete relief is to be accorded or for an
Ro
bl
Ch
complete determination or settlement of the claim

Non-joinder of necessaryes Bparties ar
bl
If necessary party isChnot
an
Ro
joined, s
Ba
r pleader shall set forth his
name, if known, and shall state why he is omitted.
e
o bl
R
an Ba r
Ch es
If omission unmeritorious –nRCourt ob
l
may
r
order the inclusion
a a
of omitted necessary party Ch
b l es
B
Ro
an r
Failure to comply with order of inclusion C h
o bl
e s
Ba
without justifiable
cause – waiver of the claim Chan
R
r
Ba
e s
bl
Non-inclusion of a necessary party: R o
an
Ch
- does not prevent the court from proceeding in the action

- judgment is without prejudice to the rights of necessary
party

r
Ba
Unwilling co-plaintiff an
Ro
bl
es
Ba
r
Ch es
- may be made a defendant b l

Ro
an Ba
r
Ch es
bl
- reason must be stated in the complaintCh

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Misjoinder / non joinder of parties
Ro
bl
es
an Ba
r
Ch
- neither is ground for dismissal an
Ro
b les
r
Ba
Ch es
- parties may be dropped or added by order of the
an
Ro
bl
Ba
r
Ch
court on motion of any party or on its own
s
b le
Ro
an Ba
r
initiative Ch
Ro
bl
es
an Ba
r
Ch
- claim against misjoined party may be severed an
Ro
bl
es
and proceeded with separately Ch

r
Ba
Class suit Ro
bl
es
an Ba
r
- Subject matter is one ofobcommon

Ch
le
s
or general interest to
R
many persons Ch
an
e s
Ba
r
o bl
- Persons are so numerous anthat itBais impracticable to join all

R
r
h
C
l es
as parties an
R ob
Ba
r
Ch e s
bl
- Parties bringing suit are sufficiently an
R o
numerous
Ba
r and
h
representative as to fully protect the interests of all
C s
b le
Ro
n
concerned
a
C h
- Representative may sue or defend for the benefit of all

r
Ba
Class suit vs. Representative suit
Ro
bl
es
an Ba
r
Ch
Similarities: both suits are filed in behalf of another
an
Ro
b l es
r
Ba
or others. Ch
Ro
bl
es
an Ba
r
Ch
In Class suit:
s
b le
Ro
an Ba
r
Ch es
The persons instituting a class suit are not suing an
Ro
bl
Ba
r
Ch
merely as representatives. They are themselves an
Ro
b les
real parties in interest directly injured by the acts Ch
or omissions complained of.

r
Ba
There is a common cause of action in a class. The
Ro
bl
es
an r
group collectively – not individually – enjoys the

Ch
Ro
b l es
Ba
right to be enforced. an r
Ba
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
an r
In Representative suit: Ch
bl
es
Ba
Ro
an r
The beneficiary is the real party in interest not the Ch

Ro
b les
Ba
representative. Ch
an
(Liana’s Supermarket v. NLRC, 31 May 1996; Paje v.

Casiño, 749 SCRA 39 (2015)

Alternative defendants s
Ba
r
e
bl
- plaintiff is uncertain
an
R o
againstr whom of several persons
h Ba
he is entitled relief
C
Ro
b le
s
an Ba
r
- may join any or all of odefendants
C h
bl
e s in the alternative
R
Unknown identity or name of an
defendant
r
h Ba
C es
o bl
- he may be sued as the Ch

anunknown
R
e s
Ba
r
owner, heir, devisee,
bl
or by such other designation an
Ro
r
Ba
Ch s
- when identity or name is discovered, R o bl
e
pleading must be
an
amended accordingly Ch
Entity without juridical personality as defendant

- may be sued under the name by which they are
generally or commonly known

r
Ba
Death of party to a pending action and claim is not
Ro
bl
es
an Ba
r
extinguished – (Sec. 16, Rule 3)

Ch
Ro
b l es
an Ba
r
a. Duty of the Counsel: Ch

Ro
bl
es
an Ba
r
Ch
- to inform the court within 30 days after the fact
s
b le
Ro
an Ba
r
and Ch
Ro
bl
es
an Ba
r
Ch
- to give the name and address of his legal an
Ro
b les
representatives Ch
Failure to do duty: Ground for disciplinary action

r
Ba
b. Heirs of the deceased- allowed to be substituted
Ro
bl
es
an Ba
r
for the deceased, without appointment of an

Ch
Ro
b l es
an r
executor or administrator and the court may
Ch
Ro
bl
es
Ba
appoint a guardian ad litem for minor heirs an r

Ba
Ch s
b le
Ro
c. Action of the Court

an Ba
r
Ch es
bl
Ro
an r
- order the legal representative of the deceased to Ch

Ro
b les
Ba
appear and be substituted Ch

an
- within 30 days from notice

r
Ba
d. Court may order the opposing party to

an
Ro
bl
es
Ba
r
Ch
procure the appointment of an administrator
an
Ro
b les
Ba
r
Ch
or executor of the estate in the following
es
bl
Ro
an Ba
r
Ch
cases
s
b le
Ro
an Ba
r
Ch es
bl
1. No legal representative is named Ch
an
Ro
es
Ba
r
bl
Ro
2. The one so named fails to appear within Ch
an
specified period.

r
Ba
Death or separation of a party who is a

an
Ro
bl
es
Ba
r
Ch
public officer (Sec. 17, Rule 3) an
Ro
b les
Ba
r
Ch es
1. public officer is a party to an action in his

bl
Ro
an Ba
r
Ch s
le
official capacity;
b
Ro
an Ba
r
Ch es
bl
2. during the pendency of the action, he

Ro
an Ba
r
Ch es
bl
Ro
either dies, resigns or otherwise ceases to Ch
an
hold office

r
Ba
3. any party shows to the satisfaction of the court,
Ro
bl
es
an Ba
r
Ch
- within 30 days after the successor takes office,
an
Ro
b les
r
Ba
Ch es
- substantial need to continue or maintain the an
Ro
bl
Ba
r
Ch
action;
s
b le
Ro
an Ba
r
Ch es
4. successor adopts or continues his predecessor’s an
Ro
bl
Ba
r
Ch
action, or threatens to do so; and an
Ro
bl
es
Ch

r
Ba
5. The party or officer affected:

an
Ro
bl
es
Ba
r
Ch es
a. Assented to the substitution, or b l

Ro
an Ba
r
Ch es
bl
b. Was given reasonable notice of the Ch

an
Ro
b le
s
Ba
r
application, and opportunity to be heard

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
If party becomes incompetent or

an
Ro
bl
es
Ba
r
Ch
incapacitated an
Ro
b les
Ba
r
Ch es
- motion with notice

bl
Ro
an Ba
r
Ch s
b le
- court may allow the action continued by or

Ro
an Ba
r
Ch es
bl
against the incompetent or incapacitated

Ro
an Ba
r
Ch es
bl
Ro
- assisted by his legal guardian or guardian

an
Ch
ad litem

r
Ba
Transfer of interest an
Ro
bl
es
Ba
r
Ch es
- action may be continued by or against the

b l
Ro
an Ba
r
Ch es
original party unless the court, upon motion,

bl
Ro
an Ba
r
Ch e s
directs substitution or joinder of the o bl

R
an Ba
r
Ch es
l
transferee
b
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Action on contractual money claims

an
Ro
bl
es
Ba
r
Ch es
- If defendant dies before entry of finalb l

Ro
an Ba
r
Ch es
judgment, it shall not be dismissed but shall

bl
Ro
an Ba
r
Ch s
le
continue until entry of final judgment

b
Ro
an Ba
r
Ch es
bl
- if judgment favorable to plaintiff, enforce

Ro
an Ba
r
Ch es
bl
Ro
as claim against the deceased defendant’s Ch
an
estate

r
Ba
Indigent party an
Ro
bl
es
Ba
r
Ch es
- one who has no money or property b l

Ro
an Ba
r
Ch es
sufficient and available for food shelter and

bl
Ro
an Ba
r
Ch s
le
basic necessities for himself and his family

b
Ro
an Ba
r
Ch es
bl
- ex parte application and hearing

Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
- Authority to litigate as party shall include exemption
Ro
bl
es
an r
from payment of Ch
b les
Ba
Ro
an r
- docket and other lawful fees,
Ch
bl
es
Ba
Ro
an r
- Fees for TSN Ch
b le
s
Ba
Ro
an r
*amount of exempted fees shall be lien on favorable Ch
bl
es
Ba
Ro
judgment Ch
an
bl
es
Ba
r
Ro
Unless the court otherwise provides Ch
an
- adverse party may contest grant of authority before

judgment if rendered by the trial court

r
Ba
Notice to the Solicitor General Ro
bl
es
an Ba
r
- Court, in its discretion, requires the appearance of the

Ch
Ro
b les
Solicitor General in any action involving validity of any:

an r
Ba
Ch es
bl
Ro
treaty an r
Ba
Ch s
b le
Ro
law Ch
an
bl
es
Ba
r
Ro
ordinance Ch
an
es
Ba
r
bl
Ro
executive order Ch
an
presidential decree
rules or regulations
Rule 4: Venue of Actions

Real Actions – actions affecting l e s
Ba
r
title to or possession of real
property, or interest therein.
b
Ro
an Ba
r
Ch s
(BPI v. Yujuico, 763 SCRA n486
e
R o bl
(2015)) r
a Ba
Ch
Nature of the action: R o bl
e s
an Ba
r
a. Action in personam – action C h
against o bl
es a person on the basis of
his personal liability
R
an Ba
r
Ch e s
bl
b. Action in rem – action against the h
an thingBaitself
R o
r instead of
C s
against the person
e
o bl
R
an
Ch
c. Action in quasi in tem – one wherein an individual is named as
defendant and the purpose of the proceeding is to subject his
interest therein to the obligation or lien burdening the property.

r
Ba
Venue of Real Action – an

Ro
bl
es
Ba
r
Ch es
- court which has jurisdiction over the area

b l
Ro
an Ba
r
Ch es
wherein the property involved, or a portion

bl
Ro
an Ba
r
Ch s
le
thereof, is situated
b
Ro
an Ba
r
Ch es
bl
- Forcible entry and detainer actions – in the

Ro
an Ba
r
Ch es
bl
Ro
MTC of the municipality or city where the Ch
an
real property involved, or portion thereof, is

situated

r
Ba
Venue of Personal Action an

Ro
bl
es
Ba
r
Ch es
At the election of the plaintiff: b l

Ro
an Ba
r
Ch es
bl
a. Where the plaintiff or any of the principal

Ch
an
Ro
b le
s
Ba
r
plaintiffs resides, or
Ro
an Ba
r
Ch es
bl
Ro
b. Where the defendant or any of the

an Ba
r
Ch es
bl
Ro
defendants resides, or
an
Ch
c. In case of non-resident defendant, where

he may be found

r
Ba
Venue of Actions against Ro
bl Non-residents
es
an Ba
r
a. Defendant is non resident

Ch
o bl
e s
and not found in the
R
Philippines and Ch
an
e s
Ba
r
o bl
b. Action
R
an Ba
r
h
C es
o bl
1. affects personal status Ch

an
R
of ethes
Ba
r
plaintiff, or
bl
2. any property of the defendant Ch
an
Ro
s
Ba
r in the Philippines
e
bl
c. Venue is an
Ro
Ch
1. where plaintiff resides or

2. where the property or any portion thereof is
situated or found

r
Ba
Rules on venue do not apply

an
Ro
bl
es
Ba
r
Ch es
a. If there is a specific rule or law that

b l
Ro
an Ba
r
Ch es
provides otherwise, or
bl
Ro
an Ba
r
Ch s
b le
b. If there is stipulation on venue

Ro
an Ba
r
Ch es
bl
Ro
- in writing, before the filing of the

an Ba
r
Ch es
b l
Ro
action, that provides for exclusive venue

an
Ch

r
Ba
Stipulations on Venue Robl es
an Ba
r
Venue stipulations are considered

Ch
o bl
e s
merely as an agreement
R
or additional forum, not Ch as limiting
an
le
s
Ba
r
venue to the specified
b
place. They are not exclusive h
an
Ro
but, Ba
rrather permissive. If the
C es
intention of the parties were to an
R restrict venue, there must
o bl
r
Ba
be accompanying language clearly Ch
R o bl and categorically
e s
expressing their purpose and design bthat an

actions between
r
h Ba
C s
le
o
them be litigated only at the placeChannamed R
by them.
(Pacific Consultants v. Schonfeld, 516 SCRA 209, 229
(2007))

r
Ba
Jurisdiction v. Venue an
Ro
bl
es
r
Ba
Ch es
a. Jurisdiction- authority of court to hear and
an
Ro
b l
Ba
r
Ch
determine a case;
es
bl
Ro
an Ba
r
Ch s
le
Venue- place where the case is to be
b
Ro
an Ba
r
Ch es
heard/tried; Ch
an
Ro
bl
Ba
r
les
b
Ro
an
Ch
b. Jurisdiction – a matter of substantive law

Venue –a matter of procedural law

r
Ba
c. Jurisdiction – cannot be waived by the parties;
Ro
bl
es
an Ba
r
Ch
Venue – may be waived Ro
b les
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch
d. Jurisdiction- fixed by law and cannot be conferred
s
b le
Ro
an Ba
r
by the parties Ch
Ro
bl
es
an Ba
r
Ch
Venue- may be conferred by the act or agreement of Ro
bl
es
an
the parties Ch
(City of Lapu Lapu v. Philippine Economic Zone

Authority, Nocum v. Tan, 470 SCRA 639, 645 (2006)

r
Ba
Supreme Court may order a change of

an
Ro
bl
es
Ba
r
Ch
venue an
Ro
b l es
Ba
r
Ch es
- to avoid a miscarriage of justice

bl
Ro
an Ba
r
Ch s
b le
Sec. 5[4], Art. VIII, Constitution of the

Ro
an Ba
r
Ch es
bl
Philippines.
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 5: Uniform Procedure in

Trial Courts
r
Ba
General Rule: Procedure Ro
bl in MTC shall be the same in RTC,
es
an Ba
r
Except: Ch
o bl
e s
R
an r
(a) where a particular provision
C h
o bl
e s
Ba
expressly or impliedly
applies only to either of said courts
R
an Ba
r
h
C es
o bl
(b) in civil cases governed by Ch

anthe Rule
R
e s
Ba
r
on Summary
bl
Procedure an
Ro
Ba
r
Ch e s
Municipal Trial Courts – include Metropolitan an
R o bl
Trial Courts,
Municipal Trial Courts in Cities, Municipal Ch
Trial Courts and
Municipal Circuit Trial Courts
Rule 6: Kinds of Pleadings

Pleadings bl
es
Ba
r
Ro
- written statements of claims/defenses

an Ba
r
Ch es
b l
Ro
an Ba
r
- submitted to court
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Construction of pleadings - liberally Ch

an
Ro
b les
Ba
r
construed so as to do substantial justice Ch

an
Ro
(Concrete Aggregate Corporation v. Court of

Appeals, 266 SCRA 88, 95 (1997))

r
Ba
Determination of the nature of the pleading

an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
The nature of an action is determined byCh

an
Ro
b le
s
Ba
r
the allegations of the complaint or petition

Ro
an Ba
r
Ch es
bl
and the character of the relief sought and

Ro
an Ba
r
Ch es
bl
Ro
not its title. Ch
an
[Sanchez v. People, 741 SCRA 294 (2014); Fong v.

Dueñas, 757 SCRA 412 (2015)]

r
Ba
Claims of party an
Ro
bl
es
Ba
r
Ch es
- asserted in complaint, counterclaim, cross-

b l
Ro
an Ba
r
Ch es
claim, third (fourth, etc.)-party complaint, or

bl
Ro
an Ba
r
Ch s
le
complaint-in-intervention
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
Defenses of a party
an
Ch
- alleged in the answer

r
Ba
Complaint an
Ro
bl
es
Ba
r
Ch es
- plaintiffs’ cause/s of action b l

Ro
an Ba
r
Ch es
bl
- name and residences of plaintiff and Ch

an
Ro
b le
s
Ba
r
defendant
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Answer Ch
- defending party’s defenses

Kinds of Defenses e s
Ba
r
bl
a. Negative defense ChanR o
s
Ba
r
e
bl
- specific denial of material
h
an
R o
fact/s Ba
r alleged in the pleading
C e s
b. Affirmative defense an
R o bl
Ba
r
h
C es
- allegation of a new matter which, an
R o bl
while
a r
hypothetically
admitting the material allegations in
le the pleading of the
B
Ch s
b
Ro
claimant, would prevent or barChrecovery an r
Ba
e s
o bl
R
- fraud, statute of limitations, release, Ch
an
payment, illegality,
statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession
and avoidance

r
Ba
Failure to specifically deny any material

an
Ro
bl
es
Ba
r
Ch
averments in the complaint not so an
Ro
b l es
Ba
r
Ch
specifically denied are deemed admitted
es
bl
Ro
an Ba
r
Ch
except an averment of the amount of

s
b le
Ro
an Ba
r
Ch
unliquidated damages.
es
bl
Ro
an Ba
r
Ch es
[Fernando Medical Enterprises, Inc. v. Wesleyan

b l
Ro
an
Ch
University Philippines, Inc., 781 SCRA 508 (2016)]

r
Ba
Purpose of specific denial: Ro
bl
es
an Ba
r
Ch
To make the defendant disclose the matters
an
Ro
b les
r
Ba
alleged in the complaint which he succinctly
Ch
Ro
bl
es
an r
intends to disprove at the trial, together with the

Ch
Ro
b le
s
Ba
matter which are relied upon to support the denial.

an Ba
r
Ch es
bl
Ro
The parties are compelled to lay their cards on the an r
Ba
Ch es
bl
Ro
table. Ch
an
(Philippine Bank of Communications v. Go, 642 SCRA 693,

707(2011)).

r
Ba
Three modes of specific denial

an
Ro
bl
es
Ba
r
Ch es
1. by specifying each material allegation of

b l
Ro
an Ba
r
Ch es
the fact in the complaint, the truth of which

bl
Ro
an Ba
r
Ch s
le
the defendant does not admit, and

b
Ro
an Ba
r
Ch es
bl
whenever practicable, setting forth the Ch
an
Ro
les
Ba
r
substance of the matters which he will rely

b
Ro
an
Ch
upon to support his denial;

r
Ba
2. by specifying so much of an averment in the
Ro
bl
es
an Ba
r
complaint as is true and material and denying only

Ch
Ro
b l es
an r
the remainder; Ch
Ro
bl
es
Ba
an r
3. by stating that the defendant is without

Ch
Ro
b le
s
Ba
knowledge or information sufficient to form a

an Ba
r
Ch es
bl
Ro
belief as to the truth of a material averment in the an r
Ba
Ch es
b l
Ro
complaint, which has the effect of a denial. Ch
an
[Republic v. Gimenez, 778 SCRA 261, 327 (2016)]

r
Ba
Negative Pregnant Denial Ro
bl
es
an Ba
r
- A negative pregnant is aoblform

Ch e s
of negative expression
R
which carries with it anChaaffirmation
n
le
s
Ba
r
or at least an
b
implication of some kind favorable h
an
Ro
Ba
r to the adverse party. It
C es
is a denial pregnant with an admission an
R o bl
a r
of the substantial
B
facts alleged in the pleadings. Ch
Where Ro
b le
s
a fact is alleged with
qualifying or modifying language andblethe words of the an r
h Ba
C s
Ro
allegation as so qualified or modified Ch
a n
are literally denied
while the fact itself is admitted.
(Republic v. Sandiganbayan, 406 SCRA 190 (2003)

r
Ba
Counterclaim bl
es
Ro
an r
- claim of a defendingChparty against
bl
e s
Ba
an opposing party
Ro
an Ba
r
Ch es
bl
Ro
Compulsory counterclaim Chan Ba
r
es
bl
- arises out of or is connected with
an
Ro
the Btransaction
ar
or occurrence
h
constituting the subject matterC of the Ro
b lopposing
es
party’s claim
a n r
Ba
- for its adjudication, does not require presence
C h
bl
e s
of third party of
Ro
whom the court cannot acquire jurisdiction C h
an
- must be within the jurisdiction of the court (amount/nature)
Permissive Counterclaim
r
Ba
es
bl
Ro
an Ba
r
"A counterclaim is permissive if it does not

Ch
an
Ro
b l es
r
Ba
arise out of or is not necessarily connected

Ch
an
Ro
bl
es
r
Ba
with the subject matter of the opposing Ch s

b le
Ro
an Ba
r
party's claim. It is essentially an

Ch es
bl
Ro
an Ba
r
independent claim that may be filed

Ch es
b l
Ro
an
Ch
separately in another case.“
[Villanueva-Ong vs. Enrile, 846 SCRA 376 (2017)]

r
Ba
Test to determine the Rnature
ob
l es
of counterclaim -
an Ba
r
Jurisprudence has laid down

Ch
o bl
e s
tests in order to determine the
R
nature of a counterclaim, Ch
an
to wit: e s
Ba
r
o bl
(a) Are the issues of fact Cand law Baraised by the claim and
R
an r
h
es
bl
the counterclaim largely the hsame? an
R o
Ba
r
C e s
(b) Would res judicata bar a subsequent an

R o bl
Ba
r suit on
h
defendants' claims, absent the compulsory counterclaim
C s
b le
Ro
n
rule?
a
C h

r
Ba
(c) Will substantially the same evidence support or
Ro
bl
es
an Ba
r
refute plaintiffs' claim as well as the defendants'

Ch
Ro
b l es
an r
counterclaim? and Ch
Ro
bl
es
Ba
an r
(d) Is there any logical relation between the claim

Ch
Ro
b le
s
Ba
and the counterclaim[?] x x x [A positive answer to

an Ba
r
Ch es
bl
Ro
all four questions would indicate that the an r
Ba
Ch es
b l
Ro
counterclaim is compulsory].” Ch
an
[Villanueva-Ong vs. Enrile, 846 SCRA 376 (2017)]

r
Ba
A Compulsory Counterclaim bl and a Motion to Dismiss are
es
Ro
incompatible with each Ch other es
an Ba
r
o bl
“Thus, the filing of a motionC h
an
R
to dismiss
s
Ba
r and the setting up of a
e
compulsory counterclaim areanRincompatible ob
l
a r
remedies. In the
event that a defending partyCh has aobleground for dismissal and a
B
s
R
compulsory counterclaim at theChasame n
time,
s
Ba
r
he must choose only
le
one remedy. If he decides to file a amotion to dismiss, he will lose
b
Ro
n r
h Ba
his compulsory counterclaim. But Cif he Ropts o b le
s
to set up his
n
compulsory counterclaim, he may still Ch plead his ground for
a
dismissal as an affirmative defense in his answer”.

(Financial Building Corporation v. Forbes Park Association, 338
SCRA 346, 354 (2007))

r
Ba
Cross-claim Ro
bl
es
an Ba
r
Ch
- claim by one party against a co-party
an
Ro
b l es
r
Ba
Ch es
- arising out of the transaction or occurrence that
an
Ro
bl
Ba
r
Ch
is the subject matter either of the original action
s
b le
Ro
an Ba
r
or of a counterclaim Ch
Ro
bl
es
an Ba
r
Ch
* A cross-claim cannot be set up for the first time an
Ro
b les
on appeal. Ch
[Loadmasters Customs Services, Inc. v. Glodel Brokerage

Corporation, 639 SCRA 69, 86 (2011)]

r
Ba
Counter-counterclaims and counter-cross-claims
Ro
bl
es
an Ba
r
Ch
- counterclaim against an original counter-claimant
Ro
b l es
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch
Reply
s
b le
Ro
an Ba
r
Ch es
- to deny, or allege facts in denial or an
Ro
bl
r
Ba
Ch
avoidance of new matters by way of defense Ro
b les
an
in the answer Ch
If no Reply is filed – all the new matters alleged in

the answer are deemed controverted

r
Ba
Third, (fourth, etc.)-party Ro
bl complaint
es
an Ba
r
- claim of a defending party

Ch
o bl
e against a person not a party to
s
R
the action C h
an
e s
Ba
r
o bl
- with leave of court

R
an Ba
r
h
C es
o bl
- for contribution, indemnity,Chasubrogation n

R
e s
Ba
r
or any other
bl
relief an
Ro
Ba
r
Ch e s
*Filing of a third-party complaint isanRnot a vested right. The o bl
court has discretion to allow or disallow Ch

a party to an
action to implead an additional party.
[China Banking Corporation v. Padilla, 514 SCRA 35, 42 (2007)]

r
Ba
Bringing new parties an

Ro
bl
es
Ba
r
Ch es
- court may order new parties to be broughtb l

Ro
an Ba
r
Ch es
in as defendants if jurisdiction over them

bl
Ro
an Ba
r
Ch s
le
can be obtained
b
Ro
an Ba
r
Ch es
bl
- when non-party’s presence is required for

Ro
an Ba
r
Ch es
bl
Ro
granting of complete relief in the Ch
an
determination of a counterclaim or cross-

claim

r
Ba
Answer to third (fourth, etc.)-party complaint
Ro
bl
es
an Ba
r
Ch
- defendant may allege in his answer his defenses,
an
Ro
b les
r
Ba
counterclaims or cross-claims, including such
Ch
Ro
bl
es
an r
defenses that third (fourth, etc)-party plaintiff may

Ch
Ro
b le
s
Ba
have against the original plaintiff’s claim.

an Ba
r
Ch es
bl
Ro
an r
- he may also assert a counterclaim against the Ch

Ro
bl
es
Ba
original plaintiff in respect of the latter’s claim Ch

an
against the third-party plaintiff.

r
Ba
Prohibited pleadings under the Rules of

an
Ro
bl
es
Ba
r
Ch
Summary Procedure an
Ro
b l es
Ba
r
Ch es
- permissive counter claim,

bl
Ro
an Ba
r
Ch s
b le
- third party complaint,

Ro
an Ba
r
Ch es
bl
Ro
- reply
an Ba
r
Ch es
b l
Ro
an
- pleading-in-intervention Ch

r
Ba
Pleadings in Small Claims Ro
bl
es
an Ba
r
Ch
- Instead of complaint, filing of verified Statement
an
Ro
b l es
r
Ba
of Claim Ch
Ro
bl
es
an Ba
r
Ch
- Instead of answer, filing of verified Response
s
b le
Ro
an Ba
r
Ch es
- Defendant may file his counterclaim (compulsory an
Ro
bl
Ba
r
Ch
or permissive) in his Response; if it’s permissive it an
Ro
b les
must be in the amount and nature of cases Ch
covered by the Rule on Small Claims

r
Ba
Prohibited pleadings in Small Claims
Ro
bl
es
an Ba
r
Ch
- petition for relief from judgment; an
Ro
b les
r
Ba
Ch es
- petition for certiorari, mandamus, or prohibition
an
Ro
bl
Ba
r
Ch
against any interlocutory order issued by the court
s
b le
Ro
an Ba
r
Ch es
- reply an
Ro
bl
Ba
r
Ch es
- third-party complaints an
Ro
bl
Ch
- interventions

r
Ba
Prohibited pleadings in petition for Writ of

an
Ro
bl
es
Ba
r
Amparo or Habeas Data

Ch es
b l
Ro
an Ba
r
Ch es
- Counterclaim;
bl
Ro
an Ba
r
Ch s
b le
- Cross-claim;
Ro
an Ba
r
Ch es
bl
Ro
- Third party-complaint;
an Ba
r
Ch es
bl
Ro
an
- Reply; and Ch
- Intervention

r
Ba
Prohibited pleadings under Rules of

an
Ro
bl
es
Ba
r
Ch
Procedure for Environmental Cases an
Ro
b l es
Ba
r
Ch es
- Reply
bl
Ro
an Ba
r
Ch s
b le
- Rejoinder
Ro
an Ba
r
Ch es
bl
Ro
- Third-party complaint
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 7: Parts of a Pleading

r
Ba
Caption an
Ro
bl
es
Ba
r
Ch es
Name of Court b l
Ro
an Ba
r
Ch es
bl
Title of Action Ch
an
Ro
b le
s
Ba
r
Ro
Docket Number an r
Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Body bl
es
Ro
an r
Designation, Allegations
Ch of the b le
s party’s
Ba
claims or defenses, Relief
Ro
prayed for, Date of pleading Ch
an
s
Ba
r
e
bl
a) Paragraphs - numbered hanR o
Ba
r
C es
b) Headings – R o bl
an Ba
r
Ch
two or more causes of action – “first blcause of action”, “second
e s
R o
an r
cause of action”, “answer to the first C h cause b le
s
Ba
of action”, “answer
to second cause of action” an
Ro
Ch
c) Relief – specify the relief sought, but may add a general

prayer for such further or other relief
d) Date

r
Ba
Signature and address an

Ro
bl
es
Ba
r
Ch es
- signed by the party or counsel b l

Ro
an Ba
r
Ch es
bl
- address, not a PO box Ch

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Signature of counsel –Rocertificate
bl
es
by him
an Ba
r
- that he has read the pleading;

Ch
o bl
e s
R
an r
- that to the best of his knowledge,
C h
o bl
e s
Ba
information, and belief
there is a ground to support an it; and
R
r
h Ba
C es
o bl
- not interposed for delay ChanR e s

Ba
r
bl
*Without counsel’s signature, itChareduces n
R o
s
Ba
r a pleading to a
e
mere scrap of paper totally bereft of an
R legal effect.
o bl
Ch
[Intestate Estate of Jose Uy v. Maghari III, 786 SCRA 384
(2015)]

r
Ba
Unsigned Pleading Ro
bl
es
an Ba
r
Ch
- produces no legal effect an
Ro
b les
r
Ba
Ch es
- Court discretion to allow it if due to inadvertence
an
Ro
bl
Ba
r
Ch
and not intended for delay
s
b le
Ro
an Ba
r
Ch es
- if unsigned pleading is deliberately filed, or an
Ro
bl
Ba
r
Ch
violates this Rule, or alleges scandalous or an
Ro
bl
es
indecent matters, or fails to promptly report Ch
change of his address, shall be subject to

disciplinary action

r
Ba
Verification Ro
bl
es
an Ba
r
a. General Rule: Pleadings need not be under oath,

Ch
Ro
b les
verified or accompanied by affidavit an r

Ba
Ch es
bl
Ro
Exception: when otherwise specifically required by law or
an r
Ba
Ch s
b le
rule Ch
an
Ro
es
Ba
r
bl
b. Verified by an affidavit that: Ch
an
Ro
es
Ba
r
bl
- The affiant has read the pleading and Ch
an
Ro
- The allegations are true and correct of his

personal knowledge or based on authentic
records

r
Ba
c. If verification based onobl“information and belief” or upon
es
R
“knowledge, information Ch
an
and lebelief,”
s
Ba
r
or lacks a proper
b
verification, it shall be treatedh
an
Ro as unsigned
Ba
r pleading
C
les
Rob
an Ba
r
Ch
d. A defect in the verification does blnot necessarily render the
e s
R o
an r
pleading fatally defective. The Ccourt
h may
b le
s
Ba
order its submission or
correction, or act on the pleading hifanRthe attending circumstances
o
r
Ba
C e s
are such that strict compliance with the Ro Rule may be dispensed
bl
an
with in order that the ends of justiceC may be served.
h
[Vda. De Formoso v. Philippine National Bank, 650 SCRA

35(2011)]

r
Ba
e. significance of a verification
an
Ro
bl
es
Ba
r
Ch es
It is intended to secure an assurance

b l
Ro
an Ba
r
Ch es
that the allegations in a pleading are true

bl
Ro
an Ba
r
Ch s
le
and correct and not the product of the

b
Ro
an Ba
r
Ch es
bl
imagination or a matter of speculation, and Ch
an
Ro
es
Ba
r
bl
that the pleading is filed in good faith Ch

an
Ro
[Sarmiento v. Zaratan, 514 SCRA 246, 257 (2007)]

r
Ba
Certification against forum shopping

an
Ro
bl
es
Ba
r
Ch es
- plaintiff/ principal party b l

Ro
an Ba
r
Ch es
bl
- under oath Ch
an
Ro
b le
s
Ba
r
Ro
- in complaint or other initiatory pleading or an r

Ba
Ch es
bl
Ro
an Ba
r
- in a sworn certification annexed thereto Ch
an
Ro
b les
Ch

r
Ba
a. not commenced anyRobaction
l es
or filed any claim involving
the same issues in any an
court, tribunal or quasi-judicial
r
Ba
Ch s
b le
Ro
agency and, to the bestChanof hises knowledge,
Ba
r
no pending
bl
action/claim an
Ro
Ba
r
h
C es
b. If there is a pending action/claim an
R o bl
–a r
a complete
B
statement of the present status Ch
Ro
b le
s
an Ba
r
c. If he learns in the future that theobsame Ch

le
s
or similar
R
action/claim has been filed or is pending C h
an
- report within five days to court

r
Ba
If plaintiff is a juridical entity - the certification
Ro
bl
es
an Ba
r
must be executed by an officer or member of the

Ch
Ro
b les
an r
board of directors or by one who is duly authorized
Ch
Ro
bl
es
Ba
by a resolution of the board of directors; an r

Ba
Ch s
b le
Ro
otherwise, the complaint will have to be dismissed. Ch
an
bl
es
Ba
r
Ro
[Cosco Philippines Shipping, Inc.
Ch
an
v. Kemperl e s
Ba
r
Insurance
Company, 670 SCRA 343, 351-352ha (2012)]
b
Ro
n
C

r
Ba
General Rule: Certification Ro
bl against forum shopping must be
es
signed by all the plaintiffs

an
orles petitioners in a case; otherwise
r
Ba
Ch
b
those who did not sign will h
an
Ro
be dropped
s
Ba
r as parties to the case
C
b le
Ro
an Ba
r
Ch s
le
Exception: Under reasonable or an
justifiable a r
circumstances,
Ro
b
however, as when the plaintiffs or petitioners share a

B
Ch s
b le
Ro
common interest and invoke a commonCh
an
le
s
Bcause
ar
of action or
b
defense, the signature of only one of an them substantially
Ro
Ch
complies with the Rule
[Vda. De Fermoso v. Philippine National Bank, 650 SCRA 35,
44-45 (2011)]

r
Ba
Forum shopping Ro
bl
es
an Ba
r
- the act by a party of repetitively availing of several

Ch
Ro
b les
judicial remedies in different courts, simultaneously or

an r
Ba
Ch es
bl
Ro
successively, all substantially found on the same
Ch
an
le
s
Ba
r
b
transactions and the same essential facts or Ch
an
Ro
Ba
r
es
circumstances, all raising substantially the same issues an
Ro
bl
Ba
r
Ch
either pending or already resolved adversely by other Ro
bl
es
an
court. Ch
[Ortigas & Company Limited Partnership v. Velasco, 746

SCRA 378 (2015)]

r
Ba
Elements: Ro
bl
es
an Ba
r
a. identities of parties, or oat

Ch
bl
e least such parties as represent
s
R
the same interests in both C h
an
actions;e s
Ba
r
o bl
b. identity of rights asserted an and relief prayed for, the relief

R
r
h Ba
C
l es
being founded on the same facts; an

R ob
and Ba
r
Ch e s
bl
c. identity of the two preceding aparticulars n
R o
Ba
r is such that any
h
judgment rendered in the pending ncase, regardless of
C s
b le
Ro
which party is successful, would amount to res judicata in

a
C h
the other case.

[Young v. Spouses Sy, 503 SCRA 151, 166 (2006)]

r
Ba
Ways of committing forum shopping
Ro
bl
es
an Ba
r
Ch
a. filing multiple cases based on the same cause of
an
Ro
b l es
r
Ba
action and with the same prayer, the previous
Ch
Ro
bl
es
an r
case not having been resolved yet (where the

Ch
Ro
b le
s
Ba
ground for dismissal is litis pendentia);

an Ba
r
Ch es
bl
Ro
an r
b. filing multiple cases based on the same cause of Ch

Ro
b les
Ba
action and the same prayer, the previous case Ch

an
having been finally resolved (where the ground for

dismissal is res judicata); and

r
c. filing multiple cases based on the same

Ro
bl
es
Ba
cause of action, but with different prayers

an r
Ba
Ch es
b l
(splitting of causes of action, where the

Ch
an
Ro
es
Ba
r
ground for dismissal is also either litis

bl
Ro
an Ba
r
Ch
pendentia or res judicata).

s
b le
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
[Commissioner of Customs v. Pilipinas Shell Ch

Ro
b les
Petroleum Corporation, 791 SCRA 16 (2016)] Ch

an

r
Ba
Failure to comply with certification
Ro
bl
es
an Ba
r
Ch
- not curable by amendment an
Ro
b l es
r
Ba
Ch es
- cause of dismissal without prejudice an
Ro
bl
Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
False certification or non-compliance with the Ch
an
Ro
Ba
r
es
undertakings b l
Ro
an
Ch
- indirect contempt without prejudice to

administrative and criminal actions

r
Ba
Willful and deliberate forum shopping

an
Ro
bl
es
Ba
r
Ch es
- ground for summary dismissal with b l

Ro
an Ba
r
Ch es
prejudice
bl
Ro
an Ba
r
Ch s
b le
- direct contempt
Ro
an Ba
r
Ch es
bl
Ro
- administrative sanctions
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
es
bl
Ro
an Ba
r
If Forum Shopping is willful and deliberate

Ch
an
Ro
b l es
r
Ba
Ch es
- both (or all, if there are more than two)

Ch
an
Ro
bl
s
Ba
r
actions shall be dismissed with prejudice. b le

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Rationale: Ro
bl
es
an Ba
r
A party should not be allowed

Ch
o bl
e s
to pursue simultaneous
R
remedies in two different Ch
an
fora. le
s
BFiling
ar
multiple petitions or
b
complaints constitutes abuse C h
an
Ro
of court
s
Ba
r process, which tends
e
to degrade the administrationanRof ob justice, wreaks havoc
l
r
Ba
upon orderly judicial procedure, and Ch
R o bl
e s
adds to the congestion
of the heavily burdened dockets of the an
e courts. It also aims
r
h Ba
C s
o bl
to prevent the embarrassing situation Ch

an
R
of two or more
courts or agencies rendering conflicting resolutions or
decisions upon the same issue

r
Ba
Verification v. Certification Ro
bl
es
an Ba
r
(Vda. De Formoso v. Philippine National Bank, 650 SCRA

Ch
Ro
b l es
an r
35, 44-45 (2011) ) Ch
bl
es
Ba
Ro
“1) A distinction must be made between non-

an Ba
r
Ch s
b le
Ro
compliance with the requirement on or submission an r
Ba
Ch es
bl
Ro
of defective verification, and non-compliance with Ch
an
b les
Ba
r
the requirement on or submission of defective Ch

an
Ro
certification against forum shopping.

r
Ba
2) As to verification, non-compliance therewith or
Ro
bl
es
an Ba
r
a defect therein does not necessarily render the

Ch
Ro
b l es
an r
pleading fatally defective. The Court may order its
Ch
Ro
bl
es
Ba
submission or correction or act on the pleading if

an r
Ba
Ch s
b le
Ro
the attending circumstances are such that strict Ch
an
bl
es
Ba
r
compliance with the Rule may be dispensed with in Ch

an
Ro
les
Ba
r
order that the ends of justice may be served

b
Ro
an
Ch
thereby.

r
Ba
3) Verification is deemed substantially

an
Ro
bl
es
Ba
r
Ch
complied with when one who has ample
an
Ro
b les
Ba
r
Ch
knowledge to swear to the truth of the
es
bl
Ro
an Ba
r
Ch
allegations in the complaint or petition signs

s
b le
Ro
an Ba
r
Ch
the verification, and when matters alleged in

es
bl
Ro
an Ba
r
Ch es
the petition have been made in good faith Ch
an
Ro
bl
or are true and correct.

r
Ba
4) As to certification against forum shopping, non-
Ro
bl
es
an Ba
r
compliance therewith or a defect therein, unlike in

Ch
Ro
b l es
an r
verification, is generally not curable by its
Ch
Ro
bl
es
Ba
subsequent submission or correction thereof, an r

Ba
Ch s
b le
Ro
unless there is a need to relax the Rule on the Ch
an
bl
es
Ba
r
ground of “substantial compliance” or presence of Ch

an
Ro
les
Ba
r
“special circumstances or compelling reasons.”

b
Ro
an
Ch

r
Ba
5) The certification against forum shopping must be
Ro
bl
es
an r
signed by all the plaintiffs or petitioners in a case;
Ch
b l es
Ba
Ro
otherwise, those who did not sign will be dropped as
Ch
an
bl
es
Ba
r
parties to the case. Under reasonable or justifiable

Ch
an
Ro
s
Ba
r
le
circumstances, however, as when all the plaintiffs or
b
Ro
an Ba
r
Ch es
petitioners share a common interest and invoke a an
Ro
bl
r
Ba
common cause of action or defense, the signature of Ch
Ro
b les
an
only one of them in the certification against forum Ch
shopping substantially complies with the Rule.

r
Ba
6) Finally, the certification against forum

an
Ro
bl
es
Ba
r
Ch
shopping must be executed by the party-
an
Ro
b les
Ba
r
Ch
pleader, not by his counsel. If, however, for
es
bl
Ro
an Ba
r
Ch
reasonable or justifiable reasons, the party-

s
b le
Ro
an Ba
r
Ch
pleader is unable to sign, he must execute a

es
bl
Ro
an Ba
r
Ch es
Special Power of Attorney designating his Ch
an
Ro
bl
counsel of record to sign on his behalf”
Rule 8: Manner of Making

Allegations in Pleading
r
Ba
Every pleading shall contain Ro
bl Methodical and Logical Form
es
an Ba
r
- plain, concise andobdirect
C h
le
s statement of ultimate facts
R
an Ba
r
Ch es
bl
Ro
Ultimate Facts C h
an
es
Ba
r
o bl
- such facts as are so Cessential
h
an
R
s
Bathat they cannot be
r
e
bl
stricken out without leaving h
an the statement
R o
Ba
r of the
C e s
bl
cause of action inadequate. anR o
Ch
[Cañete v. Genuino Ice Company, 542 SCRA 216, 217(2008)]

r
Ba
Alternative causes of action/defenses

an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
- two or more statements of claim/defenses

Ch
an
Ro
b le
s
Ba
r
alternatively or hypothetically
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
- either in one cause of action/defense or Ch
in separate causes of action/defense

r
Ba
Capacity Ro
bl
es
an Ba
r
Ch
Facts showing the following must be averred:
an
Ro
b l es
r
Ba
Ch es
- capacity of a party to sue or be sued an
Ro
bl
Ba
r
Ch s
le
- authority of a party to sue or be sued in a an
Ro
b
Ba
r
Ch es
representative capacity an
Ro
bl
Ba
r
Ch es
- legal existence of an organize association of b l
Ro
an
Ch
persons

r
Ba
Must be stated with particularity:

an
Ro
bl
es
Ba
r
Ch es
Fraud b l
Ro
an Ba
r
Ch es
bl
Mistake Ch
an
Ro
b le
s
Ba
r
Ro
Circumstances constituting fraud or an r

Ba
Ch es
bl
Ro
an Ba
r
mistake Ch
an
Ro
b les
Ch

r
Ba
May be averred generally:an

Ro
bl
es
Ba
r
Ch es
Malice b l
Ro
an Ba
r
Ch es
bl
Intent Ch
an
Ro
b le
s
Ba
r
Ro
Knowledge or an r
Ba
Ch es
bl
Ro
an Ba
r
Other conditions of the mind Ch
an
Ro
b les
Ch

r
Ba
Pleading a judgment or decision of a

an
Ro
bl
es
Ba
r
Ch
domestic/foreign court, judicial or quasi-
an
Ro
b l es
Ba
r
Ch
judicial tribunal, or of a board of officer,
es
bl
Ro
an Ba
r
Ch s
le
- aver the judgment or decision

b
Ro
an Ba
r
Ch es
bl
- no need to allege matters showing the

Ro
an Ba
r
Ch es
b l
Ro
jurisdiction to render it Ch
an

r
Ba
Actionable document Robl es
an Ba
r
- whenever an action/or defense

Ch
o bl
e s
is based upon a written
R
instrument or document Ch
an
e s
Ba
r
o bl
How to plead:
R
an Ba
r
h
C es
o bl
a) The substance of such instrument Ch

an
R
e s
Ba or document shall be
r
bl
set forth in the pleading, and anR o
Ba
r
Ch e s
- the original or copy thereof shall abe n
R o bl
attached to pleading
as an exhibit or Ch
b) with like effect, to set forth in the pleading said copy of

the instrument.

r
Ba
Contesting an actionable document
Ro
bl
es
an Ba
r
Ch
a) specific denial and under oath; and
an
Ro
b l es
r
Ba
Ch es
b) setting forth what he claims to be facts an
Ro
bl
Ba
r
Ch s
le
* oath is not required when the adverse party an
Ro
b
Ba
r
Ch es
does not appear to be a party to the instrument or an
Ro
bl
Ba
r
Ch
when compliance with an order for an inspection an
Ro
b les
of the original instrument is refused. Ch

r
Ba
Official document/ act an

Ro
bl
es
Ba
r
Ch es
- aver that the document was issued or the

b l
Ro
an Ba
r
Ch es
act done in compliance with law

bl
Ro
an Ba
r
Ch s
b le
Negative defenses
Ro
an Ba
r
Ch es
bl
Ro
- specific denials of claimant’s material

an Ba
r
Ch es
b l
Ro
allegation
an
Ch

r
Ba
Specific denial Ro
bl
es
an Ba
r
a) specific denial = specifies

Ch
o bl
e s
material allegations denied +
R
sets for the substance Cof h
an
the lmatters e s
Ba
r
upon which he relies
b
to support his denial h
an
Ro
Ba
r
C es
bl
b) denial with qualification =haspecifies n
R o
Ba
r material allegations
C s
admitted + denies the remaindernRobl
e
a r
Ba
Ch
c) specific denial for lack of knowledge/information e s
o bl
R
an
General rule: Allegations not specifically Ch
denied deemed
admitted
Exception: unliquidated damages

r
Ba
Striking out of pleading or matter contained

an
Ro
bl
es
Ba
r
Ch
therein an
Ro
b les
Ba
r
Ch es
a. Motion- before responding to a pleading,

bl
Ro
an Ba
r
Ch s
le
or
b
Ro
an Ba
r
Ch es
bl
- if responsive pleading is not permitted, 20

Ro
an Ba
r
Ch es
bl
Ro
days after service or pleading or Ch
an
b. Court’s initiative anytime, at court’s own

initiative

r
Ba
c. What may be stricken off:

an
Ro
bl
es
Ba
r
Ch es
1) pleading or b l
Ro
an Ba
r
Ch es
bl
2) matters that are sham/false, redundant,

Ch
an
Ro
b le
s
Ba
r
immaterial, impertinent, or scandalous in

Ro
an Ba
r
Ch es
bl
pleading
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Admission of genuineness o bl
and due execution of an
es
Ba
instrument
R
an r
Ba
Ch e s
o bl
- it means that the party C h
an whose
R
e s
Ba signature it bears admits
r
bl
that he signed it or that it was an
R o
signed B ar
by another for him
Ch
with his authority; that, at the Rotime bl
es
it was signed, it was in
n r
words and figures exactly as set out in the pleadings of the
a Ba
C h s
e
o bl
party relying upon it; that the document Ba was delivered;

R
an r
C h s
e
bl
and that any formal requisites required h
an
R o
by law, such as a
C
seal, acknowledgement, or revenue stamp, which it lacks
are waived by him.
[Hibberd v. Rohde and Mcmillian, 32 Phil. 476, 478-479 (1915)]

r
Ba
Defenses waived by the admission of genuineness and
Ro
bl
es
an r
due execution Ch
b l es
Ba
Ro
an r
Defenses that implied from said admission are
Ch
bl
es
Ba
Ro
necessarily waived like the defense of forgery of the
Ch
an
b le
s
Ba
r
document, lack of authority to execute the document, Ch

an
Ro
es
Ba
r
bl
that the party charged signed the document in some an
Ro
Ba
r
Ch es
other capacity than that alleged in the pleading, or an
Ro
b l
that the document was never delivered. Ch
[Hibberd v. Rohde and Mcmillian, 32 Phil. 476, 478-479,

(1915)]

Defenses not cut off by the l e s
Badmission
ar of genuineness and due
execution
b
Ro
an Ba
r
Ch e s
a. payment or non payment R o bl
an Ba
r
h
b. want of consideration C
R o bl
e s
an Ba
r
c. illegality of consideration C h
o bl
es
R
d. usury an r
Ba
Ch e s
o bl
e. fraud
R
an Ba
r
C h s
e
bl
These defenses are not inconsistent with an
R o
the admission of the
Ch
genuineness and due execution of the instrument and are not,
therefore, barred
[Hibberd v. Rohde and Mcmillian, 32 Phil. 476, 479 -480 (1915)]
Rule 9: Effect of Failure to

Plead
r
Ba
General Rule: Defenses Ro
bland objection not pleaded are
es
deemed waived an r
Ba
Ch e s
o bl
R
Exceptions: C h
an
e s
Ba
r
o bl
1) lack of jurisdiction overChathe subject matter

R
n r
Ba
l es
b
Ro
2) Litis pendencia Ch
an
e s
Ba
r
bl
3) Res judicata C h
an
R o
s
Ba
r
e
bl
4) Statute of limitations an
R o
Ch
Failure to plead a compulsory counterclaim or crossclaim

- barred

Plead
r
Ba
Default Ro
bl
es
an Ba
r
a. When: Defendant’s failure to answer within proper

Ch
Ro
b l es
an r
period Ch
bl
es
Ba
Ro
an r
b. How: Upon motion- notice to the defendant + proof
Ch
b le
s
Ba
Ro
of failure + prayer to declare the party in default Ch
an
bl
es
Ba
r
Ro
c. Court Action: Ch
an
b les
Ba
r
Ro
1. proceed to render judgment; or Ch
an
2. require the claimant to submit evidence ex parte.

Plead
r
Ba
No motu proprio declaration of default
Ro
bl
es
an Ba
r
Ch
“It is not enough that, the defendant fails to
an
Ro
b l es
r
Ba
answer the complaint within the reglementary
Ch
Ro
bl
es
an r
period. The trial court cannot, motu proprio,

Ch
Ro
b le
s
Ba
declare a defendant in default, as the rule leaves it

an Ba
r
Ch es
bl
Ro
up to the claiming party to protect his or its an r
Ba
Ch es
b l
Ro
interests. The trial court should not, under any Ch
an
circumstances, act as counsel of the claiming

party”. [Sablas v. Sablas, 526 SCRA 292 (2007)]

Plead
r
Ba
Elements of a valid declaration of default
Ro
bl
es
an Ba
r
Ch
1. the court has validly acquired jurisdiction over
an
Ro
b l es
r
Ba
the person of the defending party whether by
Ch
Ro
bl
es
an r
service of summons or voluntary appearance;

Ch
Ro
b le
s
Ba
an Ba
r
2. the defending party failed to file the answer Ch

Ro
bl
es
an r
within the time allowed therefor and Ch

Ro
b les
Ba
an
3. a motion to declare the defending party in Ch
default has been filed by the claiming party with

notice to the defending party.

Plead
r
Ba
Effect of order of defaultan

Ro
bl
es
Ba
r
Ch es
- defendant entitled only to notice b l

Ro
an Ba
r
Ch es
bl
- cannot take part in trial Ch

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Plead
r
Ba
Remedies of defendingRobparty l es
declared in default
an Ba
r
A. After notice of order before

Ch
o bl
e s
judgment
R
an r
Relief from Order of Default oble
C h s
Ba
R
- before judgment an r
h Ba
C es
o bl
R
- motion under oath Ch
an
e s
Ba
r
o bl
- must show that

R
an Ba
r
C h s
e
o bl
1. his failure to answer was due to Ch

anFraud, Accident, Mistake
R
or Excusable negligence
2. he has meritorious defense

Plead
r
Ba
B. After judgment and Ro
bl before judgment becomes final
es
and executory an r
Ba
Ch e s
o bl
R
- file a motion for new Ctrial under
h
an
le
s
Ba
r
Rule 37 or
b
Ro
- he may appeal from theChjudgment a n
l es
Ba
r
as being contrary to
the evidence or the law. an
R ob
Ba
r
Ch e s
[Lina v. Court of Appeals, 135 SCRA an
R 637, 642 (1985)]
o bl
r
h Ba
C s
C. After judgment becomes final and executory
e
o bl
R
an
Ch
Petition for relief from judgment under Rule 38.
[Republic v. Sandiganbayan, 540 SCRA 431(2007)]

Plead
r
Ba
Partial Default Ro
bl
es
an Ba
r
- joinder of parties where some defendants fail to file

Ch
Ro
b l es
an r
an answer Ch
bl
es
Ba
Ro
an r
- no judgment by default, the case shall be tried based
Ch
b le
s
Ba
Ro
on the answers of the other defendants. Ch
an
bl
es
Ba
r
Ro
Extent of relief Ch
an
b les
Ba
r
Ro
- shall not exceed/different in kind from that prayed Ch
an
for
- no unliquidated damages

Plead
r
Ba
Cases where no defaults are allowed

an
Ro
bl
es
Ba
r
Ch es
annulment of marriage, b l
Ro
an Ba
r
Ch es
bl
declaration of nullity of marriage, and Ch

an
Ro
b le
s
Ba
r
Ro
legal separation an r
Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Plead
r
Ba
Not default bl
es
Ro
an r
- defendant failed to attend
Ch pre-trial
b le
s
Ba
= not default but shall be
Ro
cause to allow the plaintiff Ch
anto present
s
Ba
r his evidence ex parte and
e
the court to render judgmentanon Ro
bl
the abasis r
thereof.
B
Ch
[Aguilar v. Light bringers Credit Cooperative, b l es
745 SCRA 203 (2015)]
Ro
an r
- defendant’s non-appearance in the hearing C h
bl
e s
Ba
and failure to
o
adduce evidence = not default when C h
an
R
an answer s
Ba
r has been filed
e
within the reglementary period but a waiver an
Ro
bl
of the defendant’s
right to object to the evidence presented Ch
during such hearings
and cross-examine the witnesses presented.
[Monzon v. Spouses Relova, 565 SCRA 514, 524 (2008)]

Plead
r
Ba
Answer may be admited in the absence of
Ro
bl
es
an Ba
r
declaration of default Ch
Ro
b les
an Ba
r
Where there is no declaration of default, the

Ch
Ro
bl
es
an r
answer may be admitted even if filed out of time –

Ch
Ro
b le
s
Ba
the rule is that the defendant’s answer should be

an Ba
r
Ch es
bl
Ro
admitted where it is filed before a declaration of an r
Ba
Ch es
bl
Ro
default and no prejudice is caused to the plaintiff. Ch
an
[Sablas v. Sablas, 526 SCRA 292 (2007)]
Rule 10: Amended and

Supplemental Pleadings
r
Ba
Amendments as a matter of right Ro
bl
es
an Ba
r
- before a responsive pleading is served or

Ch
Ro
b l es
an Ba
r
- in the case of a reply, within 10 days after it is

Ch
Ro
bl
es
an r
served Ch
b le
s
Ba
Ro
an r
Amendments by leave of court Ch
bl
es
Ba
Ro
an r
- substantial amendments which may be refused if Ch
b les
Ba
Ro
made with intent to delay Ch
an
- motion, notice to the adverse party, and opportunity

to be heard

r
Ba
*Our rules of procedure allow a party in civil action
Ro
bl
es
an Ba
r
to amend his pleading as a matter of right, so long

Ch
Ro
b l es
an r
as the pleading is amended only once and before a
Ch
Ro
bl
es
Ba
responsive pleading is served (or, if the pleading

an r
Ba
Ch s
b le
Ro
sought to be amended is a reply, within ten days Ch
an
bl
es
Ba
r
after it is served). Otherwise, a party can only Ch

an
Ro
les
Ba
r
amend his pleading upon prior leave of court.

b
Ro
an
Ch
[Spouses Tatlonghari v. Bangko Kabayan-Ibaan Rural Bank,

Inc., 799 SCRA 516 (2016)]

r
Ba
*Section 2, Rule 10 refers to an amendment

an
Ro
bl
es
Ba
r
Ch
before the trial court. On petition for review
an
Ro
b l es
Ba
r
Ch
from RTC, in exercise of its appellate
es
bl
Ro
an Ba
r
Ch
jurisdiction under Rule 42, the Court of

s
b le
Ro
an Ba
r
Ch
Appeals is vested with discretion to admit or

es
bl
Ro
an Ba
r
Ch es
deny the Amended Petition. b l
Ro
an
Ch
[Navarro Vda. De Taroma v. Taroma, 478 SCRA

336 (2005)]

r
Ba
Motion to dismiss does not bar an amendment
Ro
bl
es
an Ba
r
Ch
A motion to dismiss is not the responsive
an
Ro
b l es
r
Ba
pleading contemplated by the Rule. Petitioner may
Ch
Ro
bl
es
an r
file an amended complaint even after the original

Ch
Ro
b le
s
Ba
complaint was ordered dismissed, provided that

an Ba
r
Ch es
bl
Ro
the order of dismissal is not yet final. an r
Ba
Ch es
b l
Ro
[Bautista v. Maya-Maya Cottages,ChInc., 476 SCRA 416, 419
a n
(2005)]

r
Ba
Formal amendments Ro
bl
es
an Ba
r
Ch
- defect in the designation of the parties and
an
Ro
b les
r
Ba
clerical/typographical errors may be summarily
Ch
Ro
bl
es
an r
corrected Ch
Ro
b le
s
Ba
an Ba
r
- at any stage Ch
Ro
bl
es
an Ba
r
Ch
- on motion or court’s initiative an
Ro
bl
es
Ch
- provided not prejudicial to the adverse party

r
Ba
Amendment to conform to or authorize

an
Ro
bl
es
Ba
r
Ch
presentation of evidence an
Ro
b l es
Ba
r
Ch es
- If issues not raised by the pleadings are

bl
Ro
an Ba
r
Ch s
le
tried without objection, they shall be treated

b
Ro
an Ba
r
Ch es
bl
as if raised in the pleadings. Ch
an
Ro
les
Ba
r
b
Ro
- Pleading may be amended any time to Ch
an
raise these issues and to conform to the

evidence.

r
Ba
*The Court explained that bl the foregoing provision envisions two
es
Ro
scenarios –first, whenChevidence
an
e s
Ba is introduced on an issue not
r
bl
alleged in the pleadings and h
an
R no objection was interjected and
o
Ba
r
second, when evidence is offered on an issue not alleged in the

C e s
o bl
R
n r
in the pleading but this timeC an objection
h
a
bl
es
Ba
was interposed. In
cases where an objection is made, the s court may nevertheless
R o
an Ba
r
Ch e
admit the evidence where the adverse R o bl
partyr fails to satisfy the
an Ba
court that the admission of the evidenceobl would prejudice him in
C h
e s
maintaining his defense upon the merits, and the court may
R
an
Ch
grant him a continuance to enable him to meet the new situation

created by the evidence.
[Azolla Farms v. Court of Appeals, 442 SCRA 133 (2004)]

r
Ba
Supplemental pleading an
Ro
bl
es
Ba
r
Ch es
- motion, upon reasonable notice b l

Ro
an Ba
r
Ch es
bl
- setting forth transactions, occurrences or

Ch
an
Ro
b le
s
Ba
r
events that happened since the original

Ro
an Ba
r
Ch es
bl
pleading’s date
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
A supplemental pleading omeant bl
es to supply deficiencies in aid of
R
the original pleading andCh
an
not leto s
Ba dispense with or substitute the
r
ob
latter. It is not like an amended an
R pleading
Ba
r which is a substitute
Ch
for the original one. It does not blsupersede the original, but
e s
R o
an r
assumes that the original pleading C h
bl
is
es to stand. The issues joined
Ba
under the original pleading remain as issues to be tried in the

R o
an Ba
r
Ch s
action. In Leobrera v. Court of Appeals
e
R o bl
the rCourt ruled that
an Ba
when the cause of action stated in the supplemental C h
bl
e s
complaint is
Ro
different from the cause of action mentioned C h
an in the original
complaint, the court should not admit the supplemental
complaint. [Asset Privatization Trust v. Court of Appeals, 324
SCRA 533 (2000)]

r
Ba
Filing of amended pleading

an
Ro
bl
es
Ba
r
Ch es
- new copy of the entire pleading, b l

Ro
an Ba
r
Ch es
bl
- incorporating the amendments, which shall

Ch
an
Ro
b le
s
Ba
r
be indicated by appropriate marks

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Effects of amendment: an
Ro
bl
es
Ba
r
Ch es
- Amendment supersedes the amended b l

Ro
an Ba
r
Ch es
pleading.
bl
Ro
an Ba
r
Ch s
b le
- Claims and defenses in superseded

Ro
an Ba
r
Ch es
bl
pleading which are not incorporated in the

Ro
an Ba
r
Ch es
bl
Ro
amended pleading are deemed waived. Ch
an
- Admissions made in the superseded

pleading may be received in evidence.

r
Ba
The prevailing rule on Rthe ob
l amendment of pleadings is one
es
of liberality, with theChaend of obtaining substantial justice for

n r
Ba
s
b le
Ro
the parties. However, the Ch
an option
e s
Ba
r
of a party-litigant to
bl
amend a pleading is not without an
Ro limitation.
B ar
If the purpose
Ch
is to set up a cause of action not R o bl existing at the time of the
es
an r
filing of the complaint, amendment C h
o bl
e is not allowed. If no
s
Ba
right existed at the time the action was Ba commenced, the

R
an r
C h s
e
bl
suit cannot be maintained, even ifhathe n
Ro
right of action may
C
have accrued thereafter.
[Central Bank vs. Banco Filipino, 818 SCRA 277 (2017)]

r
Ba
Remedy if court refuses to admit amended

an
Ro
bl
es
Ba
r
Ch
pleading when filed as a matter of right
an
Ro
b l es
Ba
r
Ch es
- Mandamus; trial court’s duty to admit an

bl
Ro
an Ba
r
Ch s
le
amended complaint made as a matter of

b
Ro
an Ba
r
Ch es
bl
right is purely ministerial. Ch
an
Ro
les
Ba
r
[Alpine Lending Investors v. Corpuz, 508 SCRA 45, Ch

an
Ro
48-49 (2006)]
Rule 11: When to File

Responsive Pleadings
r
Ba
Answer to the complaint Ro
bl
es
an Ba
r
Ch
- Defendant files within 15 days after summons
an
Ro
b l es
r
Ba
Ch es
Exception: different period fixed by court an
Ro
bl
Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Answer of a defendant foreign private juridical Ch
an
Ro
Ba
r
es
entity b l
Ro
an
Ch
- within 30 days after receipt of summons

r
Ba
Answer to amended complaint
Ro
bl
es
an Ba
r
- if amendment is a matter
Ch
o bl of right – within 15 days from
e s
R
service of amended pleadingC h
an
e s
Ba
r
o bl
- if amendment is not a matter of Baright – within 10 days

R
an r
h
C es
bl
from notice of order admitting an the amended
R o
Ba
r pleading
Ch e s
bl
- if defendant does not file new aanswer- n
R o
Ba
r the answer earlier
h
filed may serve as the answer to the amended complaint
C s
b le
Ro
a n
- Same rules for answer to amended counterclaim, Ch
amended cross-claim, amended third( fourth, etc.)-party

complaint, and amended complaint-in-intervention.

r
Ba
Answer to counterclaim or cross-claim

an
Ro
bl
es
Ba
r
Ch es
- 10 days b l
Ro
an Ba
r
Ch es
bl
Answer to third (fourth, etc.)-party Ch

an
Ro
b le
s
Ba
r
complaint
Ro
an Ba
r
Ch es
bl
Ro
- same as answer to complaint

an Ba
r
Ch es
b l
Ro
an
Reply Ch
- 10 days

r
Ba
Answer to supplemental complaint

an
Ro
bl
es
Ba
r
Ch es
- 10 days unless different period fixed by

b l
Ro
an Ba
r
Ch es
the court
bl
Ro
an Ba
r
Ch s
b le
- If no new or supplemental answer is filed

Ro
an Ba
r
Ch es
bl
– the answer to the complaint shall serve as

Ro
an Ba
r
Ch es
b l
Ro
the answer to the supplemental complaint Ch
an

r
Ba
Existing counterclaim or cross claim
Ro
bl
es
an Ba
r
- shall be contained in the answer

Ch
Ro
b l es
an Ba
r
Counterclaim or cross claim after answer

Ch
Ro
bl
es
an Ba
r
- Either matured or was acquired by a party after

Ch
Ro
b le
s
an r
serving his pleading Ch
bl
es
Ba
Ro
an r
- with permission of court Ch
b les
Ba
Ro
an
- presented as counterclaim or cross-claim by Ch
supplemental pleading
- before judgment

r
Ba
Omitted counterclaim or cross-claim
Ro
bl
es
an Ba
r
- if through oversight, inadvertence or excusable

Ch
Ro
b l es
an r
neglect or when justice requires Ch
bl
es
Ba
Ro
an r
- with leave of court Ch
b le
s
Ba
Ro
an r
- set up the counterclaim or cross claim by Ch
bl
es
Ba
Ro
amendment Ch
an
b les
Ba
r
Ro
- before judgment Ch
an
11. Extension of time to plead

- motion
Rule 12: Bill Of Particulars

r
Ba
Motion for bill of particulars Ro
bl
es
an Ba
r
Ch
- Before responding to a pleading (if the pleading
an
Ro
b les
r
Ba
is Reply -10 days) Ch
Ro
bl
es
an Ba
r
Ch
- for a definite statement or for a bill of particulars
s
b le
Ro
an Ba
r
Ch es
- of any matter which is not averred with sufficient an
Ro
bl
Ba
r
Ch
definiteness or particularity to enable him properly an
Ro
bl
es
to prepare his responsive pleading Ch

r
Ba
Court Action an
Ro
bl
es
Ba
r
Ch es
- upon filing, the clerk of court must b l

Ro
an Ba
r
Ch es
immediately bring it to the attention of the

bl
Ro
an Ba
r
Ch s
le
court
b
Ro
an Ba
r
Ch es
bl
- Court may either, deny/grant/or allow the

Ro
an Ba
r
Ch es
bl
Ro
parties the opportunity to be heard Ch
an

r
Ba
If granted: an
Ro
bl
es
Ba
r
Ch es
- either in whole or in part b l

Ro
an Ba
r
Ch es
bl
- compliance within 10 days from notice, Ch

an
Ro
b le
s
Ba
r
unless different period is fixed by court

Ro
an Ba
r
Ch es
bl
Ro
- the bill or particulars or a more definite

an Ba
r
Ch es
b l
Ro
statement may be filed in a separate or in

an
Ch
an amended pleading

r
Ba
Effect of non-compliance an
Ro
bl
es
Ba
r
Ch es
- order not obeyed or insufficient b l

Ro
an Ba
r
Ch es
compliance
bl
Ro
an Ba
r
Ch s
b le
- court may order

Ro
an Ba
r
Ch es
bl
Ro
a. the striking out of the pleading or

an Ba
r
Ch es
b l
Ro
portions thereof or
an
Ch
b. other order as court deems just

r
Ba
Stay of period to file responsive pleading

an
Ro
bl
es
Ba
r
Ch es
- remaining period at the time of the filing

b l
Ro
an Ba
r
Ch es
of the motion but not less than 5 days

bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Ro
Bill of Particulars – becomes part of the

an Ba
r
Ch es
b l
Ro
pleading
an
Ch
Rule 13: Filing and Service of

Pleadings, Judgments and Other
Papers
r
Ba
Filing – Ro
bl
es
an Ba
r
Presenting the pleading and other paper to the Clerk

Ch
Ro
b l es
an r
of Court Ch
bl
es
Ba
Ro
an r
Service – Ch
b le
s
Ba
Ro
an r
Providing a party with a copy of the pleading or paper Ch
bl
es
Ba
Ro
an r
a. if party has appeared by counsel – service on Ch
b les
Ba
Ro
counsel, unless otherwise ordered by court Ch
an
b. if one counsel appears for several parties – counsel

is only entitled to one copy.

Papers
r
Ba
*Notice to the client and not to his counsel

an
Ro
bl
es
Ba
r
Ch
of record is not notice in law. While the rule
an
Ro
b les
Ba
r
Ch
admits of exceptions, such as when the
es
bl
Ro
an Ba
r
Ch
court or tribunal service upon the party or

s
b le
Ro
an Ba
r
Ch
when the technical defect is waived, none

es
bl
Ro
an Ba
r
Ch es
applies in this case. Ch
an
Ro
bl
[Heirs of Benjamin Mendoza v. Court of Appeals,

565 SCRA 506, 512-513 (2008)]

Papers
r
Ba
Manner of Filing Ro
bl
es
an Ba
r
Ch
a. Personal Service an
Ro
b les
r
Ba
Ch es
- deemed filed: clerk of court shall endorse on the
an
Ro
bl
Ba
r
Ch
pleading the date and hour of filing.
s
b le
Ro
an Ba
r
Ch es
b. Registered mail an
Ro
bl
Ba
r
Ch es
- deemed filed: date of mailing as shown by post an
Ro
bl
Ch
office stamp or the registry receipt

Papers
r
Ba
Papers required to be filed and bl served: es
Ro
Judgment Ch
an
e s
Ba
r
o bl
Resolution h
an
R
Ba
r
C e s
bl
Order R o
an Ba
r
h
Pleading subsequent to theC complaint o bl
es
R
an r
Written Motion Ch e s
Ba
o bl
Notice C h
an
R
s
Ba
r
e
bl
Appearance an
R o
Ch
Demand
Offer of Judgment
Similar Papers

Papers
r
Ba
Modes of Service an
Ro
bl
es
Ba
r
Ch es
A. Personal b l
Ro
an Ba
r
Ch es
bl
B. By Mail Ch
an
Ro
b le
s
Ba
r
Ro
C. Substituted Service, if personal service an r

Ba
Ch es
bl
Ro
and service by mail is not possible

an Ba
r
Ch es
b l
Ro
an
Ch

Papers
r
Ba
Personal Service Ro
bl
es
an Ba
r
Ch
a. Deliver a copy to party or counselan
Ro
b l es
r
Ba
Ch es
b. Leaving it in office with clerk or person in
an
Ro
bl
Ba
r
Ch
charge thereof
s
b le
Ro
an Ba
r
Ch es
c. If no person in office or office is not known an
Ro
bl
Ba
r
Ch es
- leaving it at party’s/counsel’ residence between b l
Ro
an
Ch
8AM to 6PM
- with person of sufficient age

Papers
r
Ba
Service by mail bl
es
Ro
an r
a. Registered Mail Ch
bl
e s
Ba
R o
- deposit a copy in post officeC h
an
e s
Ba
r
o bl
- sealed envelope h
an
R
Ba
r
C es
bl
- addressed to party/counsel (if anot n
R o
known, Ba
r residence)
C h s
le
- postage fully pre-paid, Ro
b
an Ba
r
Ch
- with instructions to postmaster to return Ro bl
e s
to the sender after 10
n
days if undelivered Ch
a
b. Ordinary Mail
- if no registry service in available in locality of either sender or
addressee

Papers
r
Ba
Substituted Service Ro
bl
es
an Ba
r
Ch
- if personal service and service by mail are not
an
Ro
b l es
r
Ba
possible Ch
Ro
bl
es
an Ba
r
Ch
- office/residence of party/counsel being unknown
s
b le
Ro
an Ba
r
Ch es
- service by delivering the copy to clerk of court an
Ro
bl
Ba
r
Ch es
- with proof of failure of personal service and b l
Ro
an
Ch
service by mail

Papers
r
Ba
Service of Judgments, Final Orders or

an
Ro
bl
es
Ba
r
Ch
Resolutions an
Ro
b l es
Ba
r
Ch es
- personally or by registered mail

bl
Ro
an Ba
r
Ch s
b le
- by publication
Ro
an Ba
r
Ch es
bl
Ro
a. If party summoned by publication failed

an Ba
r
Ch es
b l
Ro
to appear
an
Ch
b. At the expense of prevailing party

Papers
r
Ba
Completeness of Service Ro
bl
es
an Ba
r
Ch
1. Personal Service – actual delivery Ro
b l es
an Ba
r
Ch
2. Service by Ordinary Mail – 10 days after mailing,
an
Ro
bl
es
r
Ba
unless court otherwise provides Ch
Ro
b le
s
an Ba
r
3. Service by Registered Mail – Ch

Ro
bl
es
an Ba
r
Ch
Whichever is earlier Ro
b les
an
Ch
a. actual receipt by addressee
b. 5 days from date that he received the first notice
of the postmaster

Papers
r
Ba
Priorities in modes of service and filing
Ro
bl
es
an Ba
r
Ch
a. General Rule: Personal Service an
Ro
b l es
r
Ba
Ch es
Exceptions: an
Ro
bl
Ba
r
Ch s
le
1. papers emanating from court an
Ro
b
Ba
r
Ch es
bl
2. not practicable, resort to other modes must be Ch
an
Ro
Ba
r
es
accompanied by a written explanation why b l
Ro
an
Ch
personal service/filing was not done.
- violation of this rule = paper considered not filed

Papers
r
Ba
b. Proof of filing an
Ro
bl
es
Ba
r
Ch es
1. Personal filing b l
Ro
an Ba
r
Ch es
bl
- written or stamped acknowledgment by Ch

an
Ro
b le
s
Ba
r
clerk of court
Ro
an Ba
r
Ch es
bl
Ro
2. Filing by Registered Mail

an Ba
r
Ch es
b l
Ro
an
- registry receipt and Ch
- affidavit of the person who did the mailing

Papers
r
Ba
c. Affidavit of Mailing Ro
bl
es
an Ba
r
Ch
1. date and place depositing the mail in the post
an
Ro
b l es
r
Ba
office Ch
Ro
bl
es
an Ba
r
Ch
2. in a sealed envelope addressed to the court
s
b le
Ro
an Ba
r
Ch es
3. postage fully prepaid an
Ro
bl
Ba
r
Ch es
4. instructions to postmaster, return to sender b l
Ro
an
Ch
after 10 days if not delivered

Papers
r
Ba
d. Proof of Service bl
es
Ro
1. Personal Service Ch
an
e s
Ba
r
o bl
a. Written admissionhanof R
the party Ba
r served, or
C e s
bl
b. the official return of the R o server, or
an B a r
Ch
c. affidavit of party serving (date, b l es
place and manner of service)
Ro
an r
2. Service by Ordinary mail Ch e s
Ba
o bl
a. affidavit of person mailingChshowing an
R
s
compliance
Bar with Sec. 7
e
of Rule 13 Ro
bl
an
h
3. Service by Registered mail C
a. affidavit , and
b. registry receipt

Papers
r
Ba
e. When service is effected by registered

an
Ro
bl
es
Ba
r
Ch
mail: an
Ro
b l es
Ba
r
Ch es
1. File the registry return card upon its

bl
Ro
an Ba
r
Ch s
le
receipt by the sender, or

b
Ro
an Ba
r
Ch es
bl
2. File the unclaimed letter together with

Ro
an Ba
r
Ch es
b l
Ro
the certified or sworn copy of notice given Ch
an
by the postmaster to the addressee.

Papers
r
Ba
f. Notice of Lis Pendens obl es
R
an r
- notice of the pendencyCh of the b le
s
Ba
action
Ro
- action affecting the titleChor theleright
an
s
Ba
r
of possession of real
property,
b
Ro
a n r
h Ba
C es
- record in registry of deeds of the R o bl
province where property is
an a r
situated Ch
b le
s
B
Ro
an r
- notice shall contain names of the Ch parties,
b le
s
Ba
object of the
action/defense, and a description of the an
Ro
property affected
Ch
- may only be cancelled by court order when the notice:

a. the purpose of molesting the adverse party
b. not necessary
Rule 14: Summons

r
Ba
Summons is a writ by which the defendant is
Ro
bl
es
an Ba
r
notified of the action brought against him or her.

Ch
Ro
b l es
an r
Its purpose is two (2)-fold: to acquire jurisdiction
Ch
Ro
bl
es
Ba
over the person of the defendant and to notify the

an r
Ba
Ch s
b le
Ro
defendant that an action has been commenced so Ch
an
bl
es
Ba
r
that he may be given an opportunity to be heard Ch

an
Ro
les
Ba
r
on the claim against him.

b
Ro
an
Ch
[National Petroleum Gas, Incorporated v. Rizal Commercial

Banking Corporation, 766 SCRA 653 (2015)]
Rule 14: Summons

r
Ba
Summons and jurisdiction Ro
bl
es
an Ba
r
Ch
The service of summons is a vital and
an
Ro
b les
r
Ba
indispensable ingredient of a defendant's
Ch
Ro
bl
es
an r
constitutional right to due process. As a rule, if a

Ch
Ro
b le
s
Ba
defendant has not been validly summoned, the

an Ba
r
Ch es
bl
Ro
court acquires no jurisdiction over his person, and an r
Ba
Ch es
bl
Ro
a judgment rendered against him is void. Ch
an
[Express Padala vs. Ocampo, 839 SCRA 47 (2017)]
Rule 14: Summons

r
Ba
Purpose of summons in action in personam, in rem
Ro
bl
es
an r
and quasi in rem Ch
b l es
Ba
Ro
an Ba
r
Ch es
bl
Ro
an r
Jurisdiction over the person, or jurisdiction in
Ch
b le
s
Ba
Ro
personam – the power of the court to render a Ch
an
bl
es
Ba
r
personal judgment or to subject the parties in a Ch

an
Ro
es
Ba
r
l
particular action to the judgment and other rulings
b
Ro
an
Ch
rendered in the action – is an element of due process
that is essential in all actions, civil as well as criminal,
except in actions in rem or quasi in rem.
Rule 14: Summons

r
Ba
Jurisdiction over the defendant in an action in rem
Ro
bl
es
an r
or quasi in rem is not required, and the court

Ch
Ro
b les
Ba
an r
acquires jurisdiction over an action as long as it
Ch
Ro
bl
es
Ba
acquires jurisdiction over the res that is the an r

Ba
Ch s
b le
Ro
subject matter of the action. The purpose of Ch
an
bl
es
Ba
r
summons in such action is not the acquisition over Ch

an
Ro
es
Ba
r
bl
the defendant but mainly to satisfy the Ch
an
Ro
constitutional requirement of due process

[Macasaet v. Co, Jr., 697 SCRA 187, (2013)]
Rule 14: Summons

r
Ba
Clerk to issue summons an

Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
- upon filing of complaint and payment ofCh

an
Ro
b le
s
Ba
r
legal fees, clerk of court shall issue

Ro
an Ba
r
Ch es
bl
summons to the defendants

Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 14: Summons

r
Ba
Contents of summons obl es
R
an r
a. name of the court and
Ch theblename s
Ba
of the parties to the action;
Ro
b. a direction that defendant Ch
an
answer l e s
Ba
r
within the time fixed by
these Rules
b
Ro
a n r
h Ba
C es
c. a notice that unless the defendant R o bl
so ranswers, plaintiff will
an Ba
take judgment by default and may Ch
be o bl
egranted
s
the relief applied
R
for. C h
an
e s
Ba
r
bl
Attached to summon: R o
an
Ch
Copy of the complaint

Order of appointment of guardian ad litem if any
Rule 14: Summons

r
Ba
Summons may be served by an

Ro
bl
es
Ba
r
Ch es
a. Sheriff; b l
Ro
an Ba
r
Ch es
bl
b. Sheriff’s deputy; or Ch
an
Ro
b le
s
Ba
r
Ro
c. Other proper court officers; or an r

Ba
Ch es
bl
Ro
an Ba
r
d. For justifiable reasons by any suitable Ch
an
Ro
b les
person authorized by the court issuing the Ch
summons
Rule 14: Summons

r
Ba
Return an
Ro
bl
es
Ba
r
Ch es
- within 5 days from service, the server shall

b l
Ro
an Ba
r
Ch es
serve a copy of return to the plaintiff’s

bl
Ro
an Ba
r
Ch s
le
counsel, personally or by registered mail,

b
Ro
an Ba
r
Ch es
bl
and Ch
an
Ro
les
Ba
r
b
Ro
- shall return the summons to the clerk with Ch
an
proof of service
Rule 14: Summons

r
Ba
Return; failed service on defendants

an
Ro
bl
es
Ba
r
Ch es
- server shall serve a copy of return to b l

Ro
an Ba
r
Ch es
plaintiff’s counsel
bl
Ro
an Ba
r
Ch s
b le
- stating the reasons of failure of service

Ro
an Ba
r
Ch es
bl
within 5 days
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 14: Summons

r
Ba
Issuance of Alias Summons an

Ro
bl
es
Ba
r
Ch es
- if summons has been lost, b l

Ro
an Ba
r
Ch es
bl
- upon demand of plaintiff Ch

an
Ro
b le
s
Ba
r
Ro
- clerk of court may issue an alias summons an r

Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 14: Summons

r
Ba
Service of summons on Defendant

an
Ro
bl
es
Ba
r
Ch es
a. In person b l
Ro
an Ba
r
Ch es
bl
- handling to the defendant in person Ch

an
Ro
b le
s
Ba
r
Ro
- by tendering, if he refuses an r
Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 14: Summons

r
Ba
b. Substituted service an
Ro
bl
es
Ba
r
Ch es
- justifiable causes by leaving copies at:

b l
Ro
an Ba
r
Ch es
bl
1. defendant’s residence with some personCh

an
Ro
b le
s
Ba
r
of suitable age and discretion then residing

Ro
an Ba
r
Ch es
bl
therein, or
Ro
an Ba
r
Ch es
bl
Ro
2. defendant’s office or regular place of

an
Ch
business with some competent person in

charge
Rule 14: Summons

r
Ba
Hierarchy in the service of summons
Ro
bl
es
an Ba
r
(1) Personal service; Ch

Ro
b les
an Ba
r
(2) Substituted service, if for justifiable causes the

Ch
Ro
bl
es
an r
defendant cannot be served within a reasonable time;
Ch
b le
s
Ba
Ro
and Ch
an
bl
es
Ba
r
Ro
(3) Service by publication, whenever the defendant’s Ch
an
bl
es
Ba
r
whereabouts are unknown and cannot be ascertained Ch

an
Ro
by diligent inquiry.
[(Borlongan vs. Banco de Oro, 822 SCRA 418 (2017)]
Rule 14: Summons

Jurisdiction is acquired through le
s
Ba
r
Service of Summons
b
Ro
Service of summons
Ch
an
e s
is
Ba the main mode through
r
bl
which a court acquires hjurisdiction
an
R o
Ba
r over the person of the
s
defendant in a civil case. Through it, the defendant is
C e
o bl
R
an a r
informed of the action against Ch
him
b l es
B
or her and he or she is
Ro
able to adequately prepare his Ch
an
or her e s
Ba course of action.
r
bl
Rules governing the proper service C h
an
R o
of ssummons
Ba
r are not
e
mere matters of procedure. They go an
Ro into a defendant's
bl
right to due process. Thus, strict Ccompliance with the rules

h
on service of summons is mandatory.

[G.V. Florida Transport vs. Tiara Commercial Corp., 842 SCRA 576
(2017)]
Rule 14: Summons

r
Ba
Service upon entity withoutRo
bl
es
juridical personality
an Ba
r
- upon any or all defendants

Ch
o bl
e s
being sued under common
R
name; or person in charge Ch
an
oflethe s
Ba
r
office
b
Ro
Service upon prisoners Ch a n
es
Ba
r
o bl
- serve on officer having management Ch

an
R
e s
Ba
r
of such jail or
bl
institution deemed deputized asanspecial Ro
Ba
rsheriff for that
h
purpose
C s
b le
Ro
an
Service upon domestic private juridical Ch
entity
- to the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel
Rule 14: Summons

r
Ba
In Nation Petroleum Gas, Ro
bl Incorporated v. Rizal Commercial
es
Banking Corporation,Chawe explained that the purpose of this

n r
Ba
s
b le
Ro
rule is "to insure that theCh
an summons
e s
Ba
r
be served on a
bl
representative so integrated an
Ro with the corporation that such
Ba
r
h
person will know what to Cdo with n
R o bl
es
ther legal papers served
on him." This rule requires Cstrict compliance; the old
a Ba
h s
e
o bl
doctrine that substantial compliance isles Bsufficient no longer

R
an ar
C h
applies.
b
Ro
a n
C h
[G.V. Florida Transport vs. Tiara Commercial Corp., 842 SCRA 576
(2017)]
Rule 14: Summons

r
Ba
Service upon foreign private juridical entity

an
Ro
bl
es
Ba
r
Ch es
- resident agent b l
Ro
an Ba
r
Ch es
bl
- if no resident agent, Ch
an
Ro
b le
s
Ba
r
Ro
a. government official designated by law or an r

Ba
Ch es
bl
Ro
an Ba
r
b. any of its officers or agents within the Ch
an
Ro
bl
es
Philippines Ch
Rule 14: Summons

r
Ba
Service to foreign private juridical
bl
es entities not registered in the
Ro
Philippines or have no resident
Ch
an agents
s
Ba
r
e
bl
a. by personal service coursed an
R through the appropriate court in the
o
r
h Ba
foreign country with the assistance
C
o bl of the Department of Foreign
e s
R
Affairs; C h
an
es
Ba
r
bl
b. by publication in a newspaper ofangeneral R o
circulation
Ba
r in the country
h
where the defendant may be found C
andRoby bl serving a copy of the
es
summons and the court order by registered Ch

an
mail
e s
Ba
r
at the last known
l
address of the defendant; a n
Ro
b
Ch
c. by facsimile or any recognized electronic means that could generate
proof of service;
d. by such other means as the court may in its discretion direct. (A.M.
No. 11-3-6-SC. 15 March 2011)
Rule 14: Summons

r
Ba
Service upon public corporations
Ro
bl
es
an Ba
r
- Defendant is Republic ofoblthe

Ch e s
Philippines- Solicitor General
R
an r
- in case of province, city or omunicipality,
C h
bl
e s
Ba
or public
corporation- executive head, or officer/s as the law/court
R
an Ba
r
h
C
l es
may direct an
R ob
Ba
r
Ch e s
bl
Service upon unknown defendants an
R o
or whose Ba
r whereabouts
h
are unknown
C s
b le
Ro
an
- with leave of court Ch
- by publication in a newspaper of general circulation
Rule 14: Summons

r
Ba
* When the defendant’s whereabouts bl
es are unknown, the rules allow the
Ro
service of summons by publication.
Ch
an
s
Ba As an exception to the preferred
r
e
mode of service, service of summons R o bl
by publication may only be
an a r
resorted to when the whereabouts Ch
b
of
l es the defendant are not only
B
Ro
unknown, but cannot be ascertained h
a n by Bdiligent
ar inquiry. The diligence
C s
requirement means that there must Rbe ob prior resort to personal service
l e
an r
under Section 7 and substituted service Ch under
le
s
Ba
Section 8, and proof that
b
these modes were ineffective before summons an
Ro
Ba
by
r publication may be
Ch s
allowed. This mode also requires plaintiff toRobfile le a written motion for
leave of court to effect service of summons by publication, supported
an
Ch
by affidavit of the plaintiff or some person on his behalf, setting forth

the grounds for application.
[Express Padala v. Ocampo, 839 SCRA 47 (2017)]
Rule 14: Summons

r
Ba
Extraterritorial Service Robl es
an Ba
r
- Defendant is non-resident
Ch
o bl and not found in the
e s
R
Philippines; and C h
an
e s
Ba
r
o bl
- action affects personal status of Baplaintiff;

R
an r
h
C es
o bl
- action where the subject isChproperty an

R
e s
Ba within the Philippines
r
bl
a. in which defendant has lien Cor h
an interest
R o
s
Ba
r
e
bl
b. relief of excluding the defendant an from any interest in the
R o
Ch
property
c. property of defendant has been attached in the
Philippines
Rule 14: Summons

r
Ba
- Mode of Service Ro
bl
es
an Ba
r
a. personal service Ch
o bl
e s
R
an r
b. publication, copy of summons
C h
o bl
e s
Ba
and order must be sent by
registered mail to last known address of defendant
R
an Ba
r
h
C
l es
b
Ro
c. any other manner the court Ch
an may deemed
e s
Ba
r
sufficient
bl
Ro
an Ba
r
Ch es
l
There is no extraterritorial service hof summons in an action
b
Ro
an
in personam.
C
[Kawasaki Port Service Corporation v. Amores, 199 SCRA 230 (1991)]
Rule 14: Summons

r
Ba
Service upon resident Rdefendant
ob
l es
temporarily outside the
Philippines an r
Ba
Ch e s
o bl
R
- with leave of court C h
an
e s
Ba
r
o bl
- service may be effectedChout oflethe Philippines, as under

R
an Ba
r
s
extraterritorial service an
R ob
Ba
r
Ch e s
bl
Leave of Court an
R o
Ba
r
C h s
e
- motion in writing an
R o bl
Ch
- supported by affidavit of plaintiff/some person on his
behalf
- setting forth the grounds for the application
Rule 14: Summons

r
Ba
Proof of Service Ro
bl
es
an Ba
r
Ch
- in writing by the server an
Ro
b l es
r
Ba
Ch es
- set forth the manner, place, and date of service;
an
Ro
bl
Ba
r
Ch s
le
- specify any papers served and name of the an
Ro
b
Ba
r
Ch es
person who received; an
Ro
bl
Ba
r
Ch es
- shall be sworn to when made by person other b l
Ro
an
Ch
than a sheriff or his deputy
Rule 14: Summons

r
Ba
Proof of service by publication Ro
bl
es
an Ba
r
Ch
- affidavit of the printer/foreman/principal clerk/
an
Ro
b les
r
Ba
editor/business or advertising manager
Ch
Ro
bl
es
an Ba
r
Ch
- attached a copy of publication
s
b le
Ro
an Ba
r
Ch es
- affidavit showing copy of summons and order of an
Ro
bl
Ba
r
Ch
publication was sent by registered mail to an
Ro
bl
es
defendant’s last known address Ch
Rule 14: Summons

r
Ba
Voluntary appearance an
Ro
bl
es
Ba
r
Ch es
- Voluntary appearance equivalent to service

b l
Ro
an Ba
r
Ch es
of summons
bl
Ro
an Ba
r
Ch s
b le
- Not Voluntary Appearance – Motion to

Ro
an Ba
r
Ch es
bl
dismiss on ground of lack of jurisdiction over

Ro
an Ba
r
Ch es
bl
Ro
the person which may include other grounds Ch
an
Rule 14: Summons

r
Ba
*By seeking affirmative reliefs from the trial court,
Ro
bl
es
an Ba
r
the individual [petitioner is] deemed to have

Ch
Ro
b les
an r
voluntarily submitted to the jurisdiction of the
Ch
Ro
bl
es
Ba
court. A party cannot invoke the jurisdiction of the

an r
Ba
Ch s
b le
Ro
court to secure the affirmative relief against his Ch
an
bl
es
Ba
r
opponent and after obtaining or failing to obtain Ch

an
Ro
es
Ba
r
bl
such relief, repudiate or question that same Ch
an
Ro
jurisdiction.
[Tujan-Militante vs. Nustad, 827 SCRA 576 (2017)]
Rule 14: Summons

r
Ba
*Assuming arguendo that petitioners did not

an
Ro
bl
es
Ba
r
Ch
receive summons for the amended an
Ro
b les
Ba
r
Ch
complaint, they were nonetheless deemed
es
bl
Ro
an Ba
r
Ch
to have voluntarily submitted to the RTC's

s
b le
Ro
an Ba
r
Ch
jurisdiction by filing an Answer to the

es
bl
Ro
an Ba
r
Ch es
amended complaint and actively Ch
an
Ro
bl
participating in the case.

[Uy vs. Del Castillo, 831 SCRA 589 (2017)]
Rule 14: Summons

r
Ba
Knowledge of filing of the actionRo
bl
es
an Ba
r
Ch
Jurisdiction over the person of the defendant
an
Ro
b les
r
Ba
cannot be acquired notwithstanding his knowledge
Ch
Ro
bl
es
an r
of the pendency of a case against him, unless he

Ch
Ro
b le
s
Ba
was validly served with summons.

an Ba
r
Ch es
bl
Ro
an r
(Ellice Agro-Industrial Corporation v. Young, 686 SCRA 51 Ch
bl
es
Ba
Ro
(2012) Ch
an
Rule 15: Motions

r
Ba
Motion – an
Ro
bl
es
Ba
r
Ch es
An application for relief other than by ab l

Ro
an Ba
r
Ch es
pleading
bl
Ro
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Ro
General Rule: All motions must be in writing

an Ba
r
Ch es
b l
Ro
an
Exception: those made in open court or in Ch
the course of hearing
Rule 15: Motions

r
Ba
Contents an
Ro
bl
es
Ba
r
Ch es
a. relief b l
Ro
an Ba
r
Ch es
bl
b. grounds Ch
an
Ro
b le
s
Ba
r
Ro
c. supporting affidavits and other papers – if an r

Ba
Ch es
bl
Ro
required by rules or necessary to prove facts

an Ba
r
Ch es
bl
Ro
alleged
an
Ch
Rule 15: Motions

r
Ba
Hearing of Motion an
Ro
bl
es
Ba
r
Ch es
General Rule: every written motion shall be

b l
Ro
an Ba
r
Ch es
set for hearing

bl
Ro
an Ba
r
Ch s
b le
Exception: motions not prejudicial to

Ro
an Ba
r
Ch es
bl
adverse party
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 15: Motions

r
Ba
Notice of hearing an
Ro
bl
es
Ba
r
Ch es
- 3 days before date of hearing b l

Ro
an Ba
r
Ch es
bl
- addressed to all parties Ch

an
Ro
b le
s
Ba
r
Ro
- specify time and date of hearing which an r

Ba
Ch es
bl
Ro
must not be later than 10 days after filing of

an Ba
r
Ch es
bl
Ro
the motion
an
Ch
Rule 15: Motions

r
Ba
*A motion unaccompanied by a notice of hearing
Ro
bl
es
an Ba
r
is considered a mere scrap of paper that does not

Ch
Ro
b l es
an r
toll the running of the period to appeal.
Ch
Ro
bl
es
Ba
an r
[Guzman v. Guzman. 693 SCR o328
bl
es (2013)] Ch
Ba
R
an r
* Failure to comply with the rule makes the motion Ch
Ro
bl
es
Ba
a worthless piece of paper which the clerk of court an r

Ba
Ch es
b l
Ro
has no right to receive and which the court has no Ch
an
authority to act upon.

[Acampando v. Cosmilla, 771 SCRA 535 (2015)]
Rule 15: Motions

r
Ba
Ex parte motion an
Ro
bl
es
r
Ba
Ch
- one which does not require the parties to be
an
Ro
b l es
r
Ba
heard and Ch
Ro
bl
es
an Ba
r
Ch
- which the court may act upon
s
b le
Ro
an Ba
r
Ch es
- without prejudicing the rights of the other party an
Ro
bl
Ba
r
Ch es
- need not comply with the hearing requirement b l
Ro
an
Ch
[Republic v. Diaz-Enrique, 694 SCRA 102 (2013)]
Rule 15: Motions

r
Ba
Three day notice rule Robl es
an Ba
r
Generally, all written

Ch
o bl motions are required to include
e s
R
a notice of hearing andC must lbe
h
an
e s
Ba addressed to all parties
r
b
and served to them at least C h
an threeBa(3)
R o
s
r days before the date
e
of the hearing. When a party anfails Ro
bl
to arcomply, "the running
B
of the period to appeal is notC tolled le by [the] filing or
h s
b
Ro
pendency." This three-day notice rule, an
e however, is not
r
h Ba
C s
o bl
absolute. The motion may still beChacted an

R
upon by the court
"provided doing so will neither cause prejudice to the other
party nor violate his or her due process rights.“
[Republic vs. Hon. Cortez, 817 SCRA 19 (2017)]
Rule 15: Motions

r
Ba
Proof of Service Ro
bl
es
an Ba
r
- Without proof of service, court will not act on motion

Ch
Ro
b l es
an Ba
r
Motion day Ch
Ro
bl
es
an Ba
r
- hearing on Friday afternoon Ch

Ro
b le
s
an Ba
r
Exception: motions requiring immediate action Ch

Ro
bl
es
an Ba
r
Omnibus motion Ch
Ro
b les
an
- a motion shall include all objections then available; Ch
and all objections not so included shall be deemed

waived
Rule 15: Motions

r
Ba
The omnibus motion rule embodied in

an
Ro
bl
es
Ba
r
Ch
Section 8, Rule 15, in relation to Section 1,
an
Ro
b l es
Ba
r
Ch
Rule 9, demands that all objections be
es
bl
Ro
an Ba
r
Ch
included in a party’s motion, otherwise, said

s
b le
Ro
an Ba
r
Ch
objections shall be deemed waived; and, the

es
bl
Ro
an Ba
r
Ch es
only grounds the court could take b l
Ro
an
Ch
cognizance of, even if not pleaded in said

motion are:
Rule 15: Motions

r
Ba
a. lack of jurisdiction over the subject matter;
Ro
bl
es
an Ba
r
Ch
b. existence of another action pending between
an
Ro
b l es
r
Ba
the same parties for the same cause and
Ch
Ro
bl
es
an Ba
r
Ch
c. bar by prior judgment or by statute of
s
b le
Ro
an Ba
r
limitations. Ch
Ro
bl
es
an Ba
r
[Pilipinas Shell v. Romars InternationalRo

bl Gases Corp., 750 Ch es
SCRA 547 (2015)] an

Ch
Rule 15: Motions

r
Ba
Motion for leave an

Ro
bl
es
Ba
r
Ch es
- motion for leave to file a pleading/ motion

b l
Ro
an Ba
r
Ch es
shall accompanied by the pleading sought to

bl
Ro
an Ba
r
Ch e s
be admitted o bl
R
an Ba
r
Ch es
b l
Form
Ro
an Ba
r
Ch es
bl
Ro
- Rules applicable to pleadings apply to

an
Ch
written motions (caption, designation,

signature, and others)
Rule 16: Motion to Dismiss

A motion to dismissles Bhypothetically
ar admits the truth of the
factual allegation in theancomplaint.
b
Ro
r
Ba
Ch s
[Peltan Development, Inc. nv. Court of Appeals, 270 SCRA 82
e
o bl
R
a a r
(1997)] Ch
b l es
B
Ro
n ar
When it appears on Cthe h
a
face b le
s
Bof the complaint that the
plaintiff is not entitled to any relief a n
Ro
under Ba
r the facts alleged, the
Ch s
defendant may a motion to dismissnhypothetically admitting the
e
o bl
R
a a r
facts alleged in the complaint. By Cfiling h
such
b l es
B
a motion, the
o
defendant in effect says that even assuming Ch
an
R
the facts to be as
alleged by the plaintiff, the latter has failed to prove that he has
a right which the former has violated.
[Halimao v. Villanueva, 253 SCRA 1, 7 (1996)]

r
Ba
When: Before filing the Answer Ro
bl
es
an Ba
r
Ch
Grounds: an
Ro
b l es
r
Ba
Ch es
a. lack of jurisdiction over the person an
Ro
bl
Ba
r
Ch s
le
b. lack of jurisdiction over the subject matter an
Ro
b
Ba
r
Ch es
bl
c. improper venue Ch
an
Ro
Ba
r
les
d. no legal capacity
b
Ro
an
Ch
e. litis pendentia

r
Ba
f. res judicata Ro
bl
es
an Ba
r
Ch
g. failure to state a cause of actionan
Ro
b les
r
Ba
Ch es
h. claim/demand has been paid, waived, an
Ro
bl
Ba
r
Ch
abandoned, or otherwise extinguished
s
b le
Ro
an Ba
r
Ch es
i. claim is unenforceable under statute of frauds an
Ro
bl
Ba
r
Ch es
j. non-compliance of condition precedent for filing an
Ro
bl
Ch
claim

r
Ba
General Rule: A motion to dismiss filed after an
Ro
bl
es
an r
answer is considered filed of out of time
Ch
b l es
Ba
Ro
an r
Exception: Even after the filing of the answer, a
Ch
bl
es
Ba
Ro
motion to dismiss may filed on the following grounds:
Ch
an
b le
s
Ba
r
Ro
a. lack of jurisdiction over the subject matter Ch
an
bl
es
Ba
r
Ro
b. litis pendentia Ch
an
b les
Ba
r
Ro
c. res judicata Ch
an
d. action is barred by statute of limitations

[Baldado v. Mejoca, 693 SCRA 1 (2013)]

Laches as a ground for motion to dismiss
r
Under paragraph 1(h), e s
BaRule 16, where a claim or demand set
bl
forth in the plaintiff’s pleading
an
R o
hasBarbeen paid, waived, abandoned, or
h
otherwise extinguished, Cthe same Ro
b le may be raised in a motion to dismiss.
s
The language of the rule, particularly

Ch
a n
e s
Baon the relation of the words
r
bl
“abandoned” and “otherwise extinguished” an
R o
ar
to the phrase “claim or
B
demand deemed set forth in the Ch
plaintiff’so bl
es pleading” is broad enough to
R
include within its ambit the defense Ch
anof bar by
s
Ba laches. However, when a
r
e
party moves for the dismissal of the complaint R o bl
based on laches, the
an a r
trial court must set a hearing on the Cmotion h
b
where
l es
B
the parties shall
o
submit not only their arguments on the questions an
R
of law but also their
Ch
evidence on the questions of fact involved. Thus, being factual in
nature, the elements of laches must be proved or disproved through
the presentation of evidence by the parties.
[Pineda v. Heirs of Eliseo Guevara, 515 SCRA 627 (2007)]

Litis Pendentia es
Ba
r
bl
Litis pendentiaChas
an a ground
s
Ro
Ba
r for the dismissal of a civil
e
action refers to that situation R o bl
wherein another action is pending
an a r
between the same parties Ch for the
b l es same cause of action, such
B
Ro
that the second action becomes C h
a n
unnecessary
es
Ba
r
and vexatious. The
l
underlying principle of litis pendentia an
Ro
b
is the r theory that a party is
h Ba
not allowed to vex another more C
than Ro
b leonce regarding the same
s
subject matter and for the same cause an

ofles action. This theory is
r
Ba
Ch
b
founded on the public policy that the hsame an
Ro
subject matter
C
should not be the subject of controversy in courts more than
once, in order that possible conflicting judgments may be
avoided for the sake of the stability of the rights and status of
persons.

r
Ba
The requisites of litis pendentia
Ro
bl
es
are:
an Ba
r
(a) the identity of parties,obor

Ch
le
s
at least such as representing
R
the same interests in both Ch
an
actions; e s
Ba
r
o bl
(b) the identity of rights asserted Band relief prayed for, the
R
an ar
h
C
l es
relief being founded on the same an

R ob
facts; Ba
r and
Ch e s
bl
(c) the identity of the two casesansuch R o
that
Ba
r judgment in one,
h
regardless of which party is successful, would amount to
C s
b le
Ro
n
res judicata in the other.
a
C h
[Heirs of Arania vs. Intestate estate of Sangalang, 848 ACRA 474

(2017)]

Res judicata Ba
r
es
bl
Res judicata is defined
an
as
Ba
r a matter adjudged, a thing
Ro
h
judicially acted upon orC
decided,
Ro
b le
s
or a thing or matter settled by
judgment. It operates asChaa barblto Ba subsequent proceedings by
n r
e s
prior judgment when the following h

an
R o
requisites
Ba
r concur:
C e s
bl
(1) the former judgment is final;an R o
r
Ba
Ch s
(2) it is rendered by a court having njurisdiction R o bl
e
r
over the subject
matter and the parties;
a Ba
Ch e s
bl
Ro
(3) it is a judgment or an order on the C h
an
merits; and
(4) there is - between the first and the second actions - identity
of parties, subject matter, and causes of action.
[Republic vs. Bolante, 822 SCRA 526 (2017)]

r
Ba
3. Hearing of Motion an
Ro
bl
es
Ba
r
Ch es
- at the hearing, parties shall submit their

b l
Ro
an Ba
r
Ch es
arguments and their evidence

bl
Ro
an Ba
r
Ch e s
bl
- should case go to trial, evidence presented

R o
an Ba
r
Ch es
b l
during the hearing shall automatically be

Ro
an Ba
r
Ch es
bl
Ro
part of evidence of the party Ch
an

r
Ba
Resolution of motion Robl es
an Ba
r
a. Dismiss the action or claim

Ch
o bl
e s
R
an r
b. Deny the motion or C h
o bl
e s
Ba
R
c. Order the amendment Cof the blpleading
an r
h Ba
es
Ro
an Ba
r
Ch es
bl
Ro
Time to Plead Ch
an
e s
Ba
r
o bl
Motion to Dismiss is denied –movant Ch

an
R
must file his answer
within remaining period but not less than 5 days
If Ordered to be amended – file an answer according to
period prescribed by Rule 11

r
Ba
Effect of dismissal Ro
bl
es
an Ba
r
Ch
Dismissal bars the refiling of the same
an
Ro
b l es
r
Ba
action, if based on the following grounds:
Ch
Ro
bl
es
an Ba
r
Ch
a. res judicata
s
b le
Ro
an Ba
r
Ch es
b. claim/demand has been paid, waived, an
Ro
bl
Ba
r
Ch
abandoned, or otherwise extinguished an
Ro
b les
Ch
c. claim is unenforceable under statute of frauds
d. action is barred by statute of limitations

r
Ba
Pleading grounds as affirmative defenses

an
Ro
bl
es
Ba
r
Ch es
- if no motion to dismiss has been filed,b l

Ro
an Ba
r
Ch es
grounds for dismissal may be pleaded as

bl
Ro
an Ba
r
Ch s
le
affirmative defense in the answer

b
Ro
an Ba
r
Ch es
bl
- a preliminary hearing at court’s discretion,

Ro
an Ba
r
Ch es
bl
Ro
as if a motion to dismiss had been filed Ch
an
- dismissal is without prejudice

r
Ba
An order denying a motion to dismiss is

an
Ro
bl
es
Ba
r
Ch
interlocutory and neither terminates nor
an
Ro
b les
Ba
r
Ch
finally disposes of a case; it is interlocutory
es
bl
Ro
an Ba
r
Ch
as it leaves something to be done by the

s
b le
Ro
an Ba
r
Ch
court before the case is finally decided on

es
bl
Ro
an Ba
r
Ch es
the merit. Ch
an
Ro
bl
[Biñan Rural Bank v. Carlos, 757 SCRA 459 (2015)]
Rule 17: Dismissal of Actions

Dismissal upon notice by Bplaintiff ar
e s
- plaintiff files a noticeanR of dismissal

o bl
r
Ba
Ch s
- any time before serviceanRoof thearanswer or of motion for
e
bl
summary judgment C
h B
l es
b
Ro
a n r
Ba
- Court Order: confirmingC the dismissal
h
o bl
es
R
an r
General Rule: Notice of Dismissal –ble is without prejudice
C h s
Ba
Ro
Exception: Notice of Dismissal Coperates an
as an adjudication
r
h Ba
s
b le
upon the merits when Ch

an
Ro
a. filed by a plaintiff who has once dismissed

b. in competent court
c. an action based on or including the same claim

r
Ba
Dismissal upon motion of plaintiff bl
es
Ro
a. Dismissal of the complainant
Ch
an
is
le
s
Bsubject
ar
to the approval of the court
b
Ro
b. Counterclaim was pleadedhanbefore plaintiff’s
Ba
r motion to dismiss –
C s
dismissal limited to the complaintRoble
an Ba
r
c. Defendant may prosecute his C counterclaim
h
bl
es in a separate action
R o
Unless: he manifests his preference Ch
a n
to have e s
Ba the counterclaim be
r
bl
resolved in the same action, within 15 andays R o
r
h Ba
s
d. General Rule: Dismissal is without prejudice C
R o bl
e
an
Exception: otherwise stated in the orderChof dismissal.
e. Class suit shall not be dismissed or compromised without approval of
the court.

r
Ba
Two-dismissal rule Ro
bl
es
an Ba
r
Ch
As a general rule, dismissals under Section 1
an
Ro
b les
r
Ba
of Rule 17 are without prejudice except when it is
Ch
Ro
bl
es
an r
the second time that the plaintiff caused its

Ch
Ro
b le
s
Ba
dismissal. Accordingly, for a dismissal to operate

an Ba
r
Ch es
bl
Ro
as an adjudication upon the merits, i.e., with an r
Ba
Ch es
bl
Ro
prejudice to re-filing of the same claim, the Ch
an
following requisites must be present:

r
Ba
a. There was a previous case that was dismissed
Ro
bl
es
an Ba
r
by a competent court; Ch
Ro
b les
an Ba
r
b. Both cases were based on or include the same

Ch
Ro
bl
es
an r
claim; Ch
Ro
b le
s
Ba
an Ba
r
c. Both notices for dismissal were filed by the Ch

Ro
bl
es
an r
plaintiff which was consented to by the defendant Ch

Ro
bl
es
Ba
on the ground that the latter paid and satisfied all Ch

an
the claims of the former.

r
Ba
The purpose of the “two-dismissal rule” is

an
Ro
bl
es
Ba
r
Ch
“to avoid vexatious litigation.” When a
an
Ro
b les
Ba
r
Ch
complaint is dismissed a second time, the
es
bl
Ro
an Ba
r
Ch
plaintiff is now barred from seeking relief on

s
b le
Ro
an Ba
r
Ch
the same claim.

es
bl
Ro
an Ba
r
Ch es
[Ramon Ching and Powing Properties, Inc. vs.

bl
Ro
an
Ch
Cheng, 737 SCRA 610 (2014)]

r
Ba
Dismissal due to fault of plaintiff

an
Ro
bl
es
Ba
r
Ch es
- case may be dismissed motu proprio or b l

Ro
an Ba
r
Ch es
upon defendant’s motion if, without

bl
Ro
an Ba
r
Ch s
le
justifiable cause, plaintiff.

b
Ro
an Ba
r
Ch es
bl
[AFP Retirement and Separation benefits v. Ch

an
Ro
les
Ba
r
Republic, 694 SCRA 118 (2013)]

b
Ro
an
Ch

r
Ba
- Grounds: bl
es
Ro
a. fails to appear on theChdate
an
of lepresentation
s
Ba
r
of his evidence in chief;
b
Ro
- Failure to appear after he has an presented Ba
r his evidence and rested his
Ch s
case does not warrant the dismissal R o bl of the case; it is merely a waiver
e
an r
of right to cross examine. C h
es
Ba
o bl
[Jalover v. Ytoriaga, 80 SCRA 100 h(1977)] an
R
s
Ba
r
C e
bl
- if no justifiable reason that explains the an
R plaintiff’s absence during the
o
r
Ba
presentation of his evidence in chief, the court C h
o bl
e may dismiss the
s
complaint. The use of the word, “may” denotes its directory nature and
R
an
Ch
operates to confer upon the court the discretion to decide.
[Republic v. Diaz-Enriquez, 694 SCRA 102 (2013)]

r
Ba
b. fails to prosecute his action for unreasonable
Ro
bl
es
an r
length of time (non prosequitur)

Ba
Ch es
b l
Ro
an Ba
r
- non prosequitur means that plaintiff is

Ch
Ro
bl
es
an r
chargeable with of want of due diligence in failing

Ch
Ro
b le
s
Ba
to proceed with reasonable promptness or

an Ba
r
Ch es
bl
Ro
unwillingness on the part of plaintiff to prosecute. an r
Ba
Ch es
bl
Ro
[Roasters Philippines Inc. v. Gaviola, 768 SCRA 709 (2015)]
a n
Ch

r
Ba
c. fails to comply with Rules of court

an
Ro
bl
es
Ba
r
Ch es
- case may be dismissed for failure to b l

Ro
an Ba
r
Ch es
answer written interrogatories under Rule

bl
Ro
an Ba
r
Ch s
le
25 even without an order from the court to

b
Ro
an Ba
r
Ch es
answer.
bl
Ro
an Ba
r
Ch es
b l
(Arellano v. CFI-Sorsogon, 65 SCRA 46 [1975]) Ch

an
Ro

r
Ba
d. fails to comply with any bl order of the court
es
Ro
an r
1. Valid order Ch
bl
e s
Ba
R o
2. Failure to comply withChorder an
e s
Ba
r
o bl
- Failure to comply with order C h
an to amend
R
s
Ba
r complaint is ground for
dismissal (Santos v. General Wood Ro Craft, 117 SCRA 67 [1982])
e
bl
an Ba
r
Ch
- Failure to comply with order to include indispensable parties is
e s
o bl
R
ground of dismissal (Aranico-Rubino v. Aquino,
n r
Ch
a
b le
s
Ba
80 SCRA 253
[1977]) an
Ro
Ch
- Failure to comply with order of new judge to recall witness is

ground for dismissal [Castillo v. Torres, G.R. No. 9181, 31 Phil.
518 (1915)]

r
Ba
Rule 17 shall apply also to dismissal of

an
Ro
bl
es
Ba
r
Ch es
Counter claim b l
Ro
an Ba
r
Ch es
bl
Cross-claim Ch
an
Ro
b le
s
Ba
r
Ro
Third-party of complaint. an r
Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Voluntary Dismissal shall be made

an
Ro
bl
es
Ba
r
Ch es
Before a responsive pleading b l

Ro
an Ba
r
Ch es
bl
Before a motion for summary judgment

Ch
an
Ro
b le
s
Ba
r
is served
Ro
an Ba
r
Ch es
bl
Ro
Before introduction of evidence at

an Ba
r
Ch es
b l
Ro
trial/hearing
an
Ch
Rule 18: Pre-Trial

r
Ba
When: Ro
bl
es
an Ba
r
Ch
- After the last pleading has been served and filed
an
Ro
b l es
r
Ba
Ch
- duty of plaintiff to move ex parte to set the case
es
bl
Ro
an Ba
r
Ch
for pre-trial
s
b le
Ro
an Ba
r
Ch es
* For the purpose of the pre-trial, the expiration of an
Ro
bl
Ba
r
Ch
the period for the filing of the last pleading, an
Ro
b les
without it having been served and filed, is Ch
sufficient.
[Sarmiento v. Juan, 120 SCRA 403 (1983)]
Rule 18: Pre-Trial

r
Ba
Nature and Purpose Ro
bl
es
an Ba
r
Mandatory Ch
Ro
b l es
an Ba
r
a. amicable settlement/ submission to alternative

Ch
Ro
bl
es
an r
modes of dispute resolution Ch
b le
s
Ba
Ro
an r
b. simplification of issues Ch
bl
es
Ba
Ro
an r
c. amendments to the pleadings Ch
b les
Ba
Ro
an
d. stipulations/admissions of facts and of documents Ch
e. number of witnesses
Rule 18: Pre-Trial

r
Ba
f. preliminary referenceRoblof issues to a commissioner
es
an Ba
r
g. propriety of judgment on
Ch
o bl
e the pleadings, or summary
s
R
judgment, or of dismissing C h
an
the e s
Baaction
r
o bl
h. suspending the proceedings

R
an Ba
r
h
C es
o bl
i. other matters Ch
an
R
e s
Ba
r
bl
Pretrial promotes efficiency of case C h
an
R o
proceedings
s
Ba
r by allowing
e
the parties to stipulate on facts andanRoadmissions bl
that no
longer need proof, and to agree on Ch
key issues among
others.
[Bank of the Philippine Islands v. Genuino, 763 SCRA 604 (2015)]
Rule 18: Pre-Trial

r
Ba
Notice to pre-trial bl
es
Ro
an r
- served on counsel; ifChno counsel b le
s
Ba
- to party
Ro
Appearance of parties Ch an
e s
Ba
r
o bl
General Rule: parties and their C h
an counsel
R
s
Ba
r to appear
l e
Exception: Non-appearance of aanparty may R ob
Ba
r be excused only if
C h s
le
1. valid cause or Ro
b
an Ba
r
Ch
2. representative shall appear in his behalf R o bl
e s
authorized in writing
an
- to enter into an amicable settlement, C h
- to submit to alternative modes of dispute resolution, and

- to enter into stipulations or admissions
Rule 18: Pre-Trial

r
Ba
Effect of failure to appear

an
Ro
bl
es
Ba
r
Ch es
a. Plaintiff – cause for dismissal b l

Ro
an Ba
r
Ch es
bl
- with prejudice, unless ordered by court

Ch
an
Ro
b le
s
Ba
r
Ro
b. Defendant – allow the plaintiff to present an r

Ba
Ch es
bl
Ro
his evidence ex parte

an Ba
r
Ch es
bl
Ro
an
- court to render judgment Ch
Rule 18: Pre-Trial

r
Ba
An order of dismissal based on failure to

an
Ro
bl
es
Ba
r
Ch
appear at the pre-trial is with prejudice. A
an
Ro
b les
Ba
r
Ch
dismissal with prejudice is to be considered
es
bl
Ro
an Ba
r
Ch
an adjudication on the merits of the case,

s
b le
Ro
an Ba
r
Ch
where the proper remedy is appeal under

es
bl
Ro
an Ba
r
Ch
Rule 41, not a petition for certiorari.

es
bl
Ro
an
Ch
[Chingkoe v. Republic, 702 SCRA 677 (2013)]
Rule 18: Pre-Trial

r
Mediation is a part of pre-trial bl
es
Ba
Ro
[Senralo v. Judge Paderanga, 617 SCRA 247 (2010)]
an r
Ba
Ch es
b l
Ro
Court Annexed Mediation Ch
an
(CAM e s
Ba and Judicial Dispute
r
bl
Resolution (JDR) h
an
R o
Ba
r
C es
bl
1. During the CAM, the first stage h
an
R o
ofBarcourt diversion, the
C s
judge refers the parties to Philippine Ro
b le
Mediation Center
an a r
(PMC) for the mediation of their Ch

dispute b l es
B
by accredited
Ro
mediators C h
an
2. If CAM fails, the second stage, called the JDR, is

undertaken by the JDR judge, acting as a mediator-
conciliator-early neutral evaluator.
Rule 18: Pre-Trial

r
Ba
Pre-Trial Brief an
Ro
bl
es
Ba
r
Ch es
When: 3 days before date of pre-trial b l

Ro
an Ba
r
Ch es
bl
Contents of Pre-Trial Brief: Ch

an
Ro
b le
s
Ba
r
Ro
a. willingness to enter into amicable an r

Ba
Ch es
bl
Ro
settlement or alternative modes of dispute

an Ba
r
Ch es
b l
Ro
resolution
an
Ch
b. admitted facts / proposed stipulation of

facts
Rule 18: Pre-Trial

c. issues to be tried or resolved
bl
es
Ba
r
Ro
d. documents/exhibits to be presented,
an Ba
r
Ch es
b l
Ro
stating the purpose thereof;

an Ba
r
Ch es
bl
Ro
an Ba
r
e. discovery procedures/ referral to

Ch e s
o bl
R
an Ba
r
Ch
commissioners; and an
Ro
b les
Ba
r
Ch es
f. witnesses and substance of testimonies

bl
Ro
an
Ch
Failure to file pre-trial brief = same effect as

failure to appear at pre-trial
Rule 18: Pre-Trial

r
Ba
Pre-Trial Order – Ro
bl
es
an Ba
r
Ch
- recites in detail: an
Ro
b l es
r
Ba
Ch es
a. Matters taken up in conference an
Ro
bl
Ba
r
Ch s
le
b. Actions taken an
Ro
b
Ba
r
Ch es
bl
c. Amendments allowed to pleadings Ch
an
Ro
Ba
r
les
d. Agreements or admissions
b
Ro
an
Ch
- explicitly define and limit the issues to be tried

- control the subsequent course of action
Rule 18: Pre-Trial

r
Ba
One-day Examinaton of Ro
blWitness Rule A.M. No. 03-09-SC
es
an Ba
r
The One-Day Examinationoblof

Ch e s
Witness Rule, that is, a
R
witness has to be examined Ch
an
inles Bone
ar
(1) day only, shall be
b
strictly adhered to subjectChato n
Ro
the s court’s
Ba
r discretion during
e
trial whether or not to extendanRthe ob
l
direct a r
and/or cross-
B
examination for justifiable reasons. Ch
Ro
b le
s
an Ba
r
Ch es
bl
Ro
an
Most Important Witness Rule Ch
The judge shall determine the most important witnesses to

be heard and limit the number of witnesses.
Rule 19: Intervention

r
Ba
Intervention Ro
bl
es
an Ba
r
Jurisprudence describes
Ch
o bl
e s
intervention as a remedy by
R
which a third party, notChaoriginally
n
le
s
Ba
r
impleaded in the
b
proceedings, becomes a litigant C h
an
Ro
therein
s
Ba
r to enable him to
e
protect or preserve a right or aninterest Ro
bl
a r
which may be
B
affected by such proceedings. Ch
However,
Ro
b le
s
intervention is not
a matter of right, but is instead addressed an
to the sound
r
h Ba
C e s
o bl
discretion of the courts. Ch

an
R
[Office of the Ombudsman vs. Gutierrez, 827 SCRA 601

(2017)]

r
Ba
Intervention with leave of court shall be allowed when
Ro
bl
es
an r
a person has: Ch
b les
Ba
Ro
an r
a. Legal interest in the matter in litigation
Ch
bl
es
Ba
Ro
an r
b. Legal interest in the success of either of the parties
Ch
b le
s
Ba
Ro
or Ch
an
bl
es
Ba
r
Ro
c. Interest against both or Ch
an
bl
es
Ba
r
Ro
d. He is so situated as to be adversely affected by a Ch
an
distribution or other disposition of property in the

custody of the court or of an officer thereof may,

r
Ba
Legal Interest Ro
bl
es
an Ba
r
The interest which oentitles

Ch
bl
e s
a person to intervene in a
R
suit between other parties Ch
an
must e s
Ba be of such direct and
r
bl
immediate character that Cthe h
an
R o
intervenors
Ba
r will either gain or
e
lose by the direct legal operation an
Ro
bl
andar effect of judgment.
B
Ch
[Magsaysay-Labrador v. Court ofnRoAppeals,
s
b le
r
180 SCRA 266
a a
(1989)] Ch
ob
l es
B
R
an
Ch
Time to Intervene
Any time before rendition of judgment

Pleadings-in-intervention
r
Ba
es
bl
Ro
Complaint-in-intervention – claim against either or

an r
Ba
Ch es
b l
Ro
all of the original parties Ch
an
bl
es
Ba
r
Ro
Answer-in-intervention – if he unites with an r

Ba
Ch s
b le
Ro
defending party in resisting a claim against the Ch
an
bl
es
Ba
r
latter Ch
an
Ro
les
Ba
r
b
Ro
Answer to complaint-in-intervention Ch
an
- within 15 days
- unless a different period is fixed by court
Rule 21: Subpoena

r
Ba
Subpoena ad testificandum an
Ro
bl
es
r
Ba
Ch
- Directed to a person requiring him to attend and
an
Ro
b l es
r
Ba
to testify at the hearing/trial, or at any
Ch
Ro
bl
es
an r
investigation conducted by competent authority, or

Ch
Ro
b le
s
Ba
for the taking of his deposition

an Ba
r
Ch es
bl
Ro
an r
Subpoena duces tecum Ch

Ro
b les
Ba
an
- requiring a person to bring with him any books, Ch
documents, or other things under his control
Rule 21: Subpoena

r
Ba
Subpoena may be issued by:an

Ro
bl
es
Ba
r
Ch es
1. court where witness is to attend; b l

Ro
an Ba
r
Ch es
bl
2. court of place where deposition is to be

Ch
an
Ro
b le
s
Ba
r
taken
Ro
an Ba
r
Ch es
bl
Ro
3. officer/ body authorized by law

an Ba
r
Ch es
b l
Ro
an
4. any Justice of the Supreme Court/CA Ch
Rule 21: Subpoena

r
Ba
Form: Ro
bl
es
an Ba
r
Ch
Name of the court an
Ro
b l es
r
Ba
Ch es
Title of the action / investigation an
Ro
bl
Ba
r
Ch s
le
Directed to the person whose attendance is an
Ro
b
Ba
r
Ch es
required an
Ro
bl
Ba
r
Ch es
In subpoena duces tecum - reasonable description b l
Ro
an
Ch
of the books, documents or things demanded that
are prima facie relevant.
Rule 21: Subpoena

Quashing a subpoena les Bar
b
Ro
A. Duces tecum Ch
an
e s
Ba
r
bl
- upon motion R o
an Ba
r
C h s
e
bl
- before the time specifiedChantherein R o
Ba
r
es
bl
Grounds: an
R o
Ba
r
Ch e s
1. unreasonable and oppressive,anRor o bl
Ba
r
Ch e s
2. relevancy of the books, documents an
R o bl
or things does not
appear, Ch
3. fails to advance reasonable cost of the production

4. witness fees and kilometrage were not tendered
Rule 21: Subpoena

r
Ba
B. Ad testificandum Ro
bl
es
an Ba
r
Grounds: Ch
Ro
b l es
an Ba
r
1. witness is not bound thereby Ch

Ro
bl
es
an Ba
r
2. witness fees and kilometrage were not tendered

Ch
Ro
b le
s
an Ba
r
Subpoena for depositions Ch

Ro
bl
es
an Ba
r
- proof of service of notice to take deposition is Ch

Ro
b les
an
sufficient authorization Ch
- issuance of subpoenas by clerk of the court where

deposition is to be taken.
Rule 21: Subpoena

r
Ba
Service an
Ro
bl
es
Ba
r
Ch es
- Same manner as personal or substituted b l

Ro
an Ba
r
Ch es
service of summons
bl
Ro
an Ba
r
Ch s
b le
How: Ch
an
Ro
bl
es
Ba
r
Ro
1. original is exhibited to the person served;

an Ba
r
Ch es
b l
Ro
an
2. copy is delivered to him; and Ch
3. Tender is made to him of the following:
Rule 21: Subpoena

r
Ba
a. fees for one day’s attendance;
Ro
bl
es
an Ba
r
b. killometrage Ch
o bl
e s
R
an r
c. in subpoena duces tecum,oblreasonable
C h
e s
Ba
cost of producing
the books, documents or Cthings demanded shall be
R
an Ba
r
h
l es
tendered. an
R ob
Ba
r
Ch e s
bl
*No tender if subpoena issued by an
R or on behalf of Republic
o
Ba
r
h
of the Philippines/officer/agency nRoble
C s
a
When: Ch
- must be made so as to allow the witness a reasonable

time for preparation and travel to the place of attendance.
Rule 21: Subpoena

r
Ba
Compelling attendance of witness

an
Ro
bl
es
Ba
r
Ch es
- failure of witness to attend b l

Ro
an Ba
r
Ch es
bl
- court/judge may issue a warrant to arrest

Ch
an
Ro
b le
s
Ba
r
the witness
Ro
an Ba
r
Ch es
bl
Ro
- witness shall pay cost of warrant seizure, if

an Ba
r
Ch es
bl
Ro
disobedience was willful and without just

an
Ch
cause.
Rule 21: Subpoena

r
Ba
Contempt Ro
bl
es
an Ba
r
Ch
- failure to obey subpoena without adequate cause
an
Ro
b l es
r
Ba
shall be deemed contempt of court
Ch
Ro
bl
es
an Ba
r
Ch
Compelling of attendance and contempt of court
s
b le
Ro
an Ba
r
does not apply: Ch

Ro
bl
es
an Ba
r
Ch
1. Witness resides more than 100 kilometers an
Ro
b les
Ch
2. Detention prisoner without permission of court
where his case is pending.
Rule 22: Computation of Time

r
How: Ro
bl
es
Ba
an Ba
r
- first day excluded, last day included

Ch
Ro
b l es
an Ba
r
- if last day is Saturday/Sunday/Legal Holiday =

Ch
Ro
bl
es
an Ba
r
next working day Ch

Ro
b le
s
an Ba
r
Effect of interruption Ch
Ro
bl
es
an Ba
r
Ch
- allowable period after interruption = starts to run an
Ro
b les
after notice of the cessation of the cause of Ch
interruption
- day of interruption = excluded
Rule 23: Deposition Pending

Action
r
Ba
When may be taken: Robl es
an Ba
r
a. With leave of courtCh

o bl
e s
R
an r
After jurisdiction overobdefendant/property
C h
le
s
Ba
has been
obtained
R
an Ba
r
h
C es
o bl
b. Without leave Ch
an
R
e s
Ba
r
bl
After answer has been served C h
an
R o
s
Ba
r
e
bl
Note: Witness may be compelled by an subpoena under Rule
R o
Ch
21.
Deposition of prisoner - always with leave of court

Action
r
Ba
Scope of examination:Robl es
an Ba
r
Any matter Ch
o bl
e s
R
an r
Not privileged C h
o bl
e s
Ba
R
Relevant an r
h Ba
C es
o bl
R
Whether relating to claim/defense Ch
an
e s
Ba
r
o bl
Including:
R
an Ba
r
C h s
e
o bl
- existence, description, nature, custody, Ch

an
R
condition, and
location of any books, documents, or other tangible things
- identity and location of persons having knowledge of
relevant facts

Action
r
Ba
Examination and cross-examination of deponents
Ro
bl
es
an Ba
r
Ch
- may proceed as permitted at trial an
Ro
b l es
r
Ba
Ch es
bl
Ro
an Ba
r
Ch s
le
Use of Depositions an
Ro
b
Ba
r
Ch es
bl
A. By any party Ch
an
Ro
Ba
r
les
Any deposition
b
Ro
an
Ch
For the purpose of contradicting or impeaching the

testimony of deponent as a witness

Action
r
Ba
B. By an adverse party an
Ro
bl
es
Ba
r
Ch es
Deposition of a party/ officer, director, or

b l
Ro
an Ba
r
Ch es
managing agent of a public or private

bl
Ro
an Ba
r
Ch s
le
corporation, partnership, or association

b
Ro
an Ba
r
Ch es
bl
which is a party Ch
an
Ro
les
Ba
r
b
Ro
For any purpose Ch
an

Action
r
Ba
C. By any party bl
es
Ro
Deposition of a witness C(party
h
an
orles not)
Ba
r
b
Ro
For any purpose, if: an Ba
r
Ch e s
bl
1. witness is dead R o
an Ba
r
h
2. witness resides more than 100 C
kmofor bl
es
place of trial, or is out of the
R
Philippines, Ch
an
e s
Ba
r
bl
Unless his absence was procured by the h
an party Boffering
R o
ar the deposition
C e s
3. unable to testify because of age, sickness, R o bl
infirmity, or imprisonment
an
Ch
4. unable to procure subpoena for the witness
5. exceptional circumstance

Action
r
Ba
Effect of substitution ofRoblparties es
an Ba
r
- does not affect the rightobto

Ch
le
s
use depositions previously
R
taken; Ch
an
e s
Ba
r
o bl
- dismissed action when another action involving the same

R
an Ba
r
h
C
l es
subject and parties was brought, an

R ob
all Bdepositions
ar taken in
Ch s
former action may be used in thenRolatter
e
bl
a r
Ba
Ch s
ble
Ro
an
Objections to admissibility C h
- objection may be made at the trial or hearing

Action
r
Ba
Effect of taking depositionsRo
bl
es
an Ba
r
- does not make a personobhis

Ch
le
s
own witness
R
an r
Effect of using depositions oble
C h s
Ba
R
General Rule: Use of deposition an
makes the deponent the
r
h Ba
C es
o bl
witness of the party introducing Ch

an
R
thees Bdeposition
ar
bl
Exception: 1. Deposition of an Ch
an adverse
Ro
s
Ba
r party
l e
2. Deposition is used to contradicthaor n

Rob
impeach the
C
deponent
Rebutting depositions
- at the trial or hearing

Action
r
Ba
Persons before whom depositions bl
es may be taken
Ro
an r
a. Within the PhilippinesCh
bl
e s
Ba
R o
1. judge, notary public Chan e s
Ba
r
o bl
2. if stipulated in writing, any C h
anpersonBaauthorized
R
s
r to administer
e
oath Ro
bl
an Ba
r
Ch
b. In foreign countries e s
o bl
R
an Ba
r
1. secretary of embassy or legation, consul C h
o bl
e s
general, consul vice-
consul, or consular agent of the Republic of the Philippines
R
an
C h
2. appointed by commission or under letters rogatory

3. if stipulated in writing, any person authorized to administer
oath

Action
r
Ba
Commission or letters rogatory

an
Ro
bl
es
Ba
r
Ch es
- issued only when necessary or convenient

b l
Ro
an Ba
r
Ch es
bl
- on application and notice Ch

an
Ro
b le
s
Ba
r
Ro
- officers designated either by name or an r

Ba
Ch es
bl
Ro
descriptive title
an Ba
r
Ch es
b l
Ro
an
- addressed to appropriate judicial authority Ch
in foreign country

Action
r
Ba
Disqualification by interest Ro
bl
es
an Ba
r
Ch
No deposition before a person who is:an
Ro
b les
r
Ba
Ch es
a. Relative within the sixth degree of consanguinity
an
Ro
bl
Ba
r
Ch
or affinity
s
b le
Ro
an Ba
r
Ch es
b. Employee/counsel of any party an
Ro
bl
Ba
r
Ch es
c. Relative within the same degree, or employee of an
Ro
bl
Ch
such counsel of the parties
d. Person who is financially interested in the action

Action
r
Ba
Deposition upon oral examination;
Ro
bl
es
notice time and place
an Ba
r
Notice Ch
o bl
e s
R
an r
- reasonable, in writing, notice
C h
o bl
e to other party
s
Ba
R
- shall state the: an r
h Ba
C es
o bl
R
1. time and place for the taking Ch
an
of ldeposition
e s
Ba
r
o b
2. name and address of each person to Ba be examined, if

R
an r
C h s
e
bl
known an
R o
Ch
- if not known, general description

*Court may enlarge or shorten the time; upon motion

Action
r
Ba
Orders for the protection of parties and

an
Ro
bl
es
Ba
r
Ch
deponent an
Ro
b l es
Ba
r
Ch es
a. How:
bl
Ro
an Ba
r
Ch s
b le
1. after notice is served,

Ro
an Ba
r
Ch es
bl
Ro
2. upon motion by any party or by the

an Ba
r
Ch es
b l
Ro
person to be examined
an
Ch
3. for good cause

Action
r
Ba
b. Court may order: Ro
bl
es
an Ba
r
Ch
1. deposition shall not be taken an
Ro
b l es
r
Ba
Ch es
2. deposition may be taken at designated place
an
Ro
bl
Ba
r
Ch
other than stated in the notice
s
b le
Ro
an Ba
r
Ch es
3. may be taken only on written interrogatories, an
Ro
bl
Ba
r
Ch es
4. certain matters shall not be inquired into b l
Ro
an
Ch
5. examination to be held with no one except

parties and their officers

Action
r
Ba
6. sealed deposition to be open only by court order
Ro
bl
es
an Ba
r
Ch
7. secret processes, developments, or research
an
Ro
b l es
r
Ba
need not be disclosed Ch
Ro
bl
es
an Ba
r
Ch
8. simultaneous filing of documents or
s
b le
Ro
an Ba
r
Ch es
9. any other order to protect party/witness from an
Ro
bl
Ba
r
Ch
annoyance, embarrassment, or oppression. an
Ro
b les
Ch

Action
r
Ba
Record of examination an
Ro
bl
es
Ba
r
Ch es
- Officer shall administer oath to witness

b l
Ro
an Ba
r
Ch es
bl
- Records the testimony of witness Ch

an
Ro
b le
s
Ba
r
Ro
- Testimony is taken stenographically unless an r

Ba
Ch es
bl
Ro
parties agree otherwise

an Ba
r
Ch es
bl
Ro
an
Ch

Action
r
Ba
- Objections shall be noted Ro
bl
es
by the officer
an Ba
r
to qualifications of the officer,

Ch
o bl
e s
or
R
an r
his manner of taking it, or oble
C h s
Ba
R
to the evidence presented, an
or bles
r
h Ba
C
Ro
to the conduct of any party Cha n
e s
Ba
r
o bl
any other objection

R
an Ba
r
C h s
e
o bl
- In lieu of oral examination, parties Ch

an with notice may
R
transmit written interrogatories to the officer, who shall

propound them to the witness and record the answers
verbatim

Action
r
Ba
Motion to terminate or limit bl examination
es
Ro
an r
- any time during the Ctaking
h
b
of
le
s
Ba
the deposition
Ro
- motion or petition Ch
an
e s
Ba
r
o bl
- court where action is pending h
an
R
or RTC Ba
r of place where deposition
C es
is being taken R o bl
an Ba
r
Ch
- any party or deponent e s
o bl
R
an Ba
r
- examination is being conducted in badoblfaith, C h
e s
in such manner as
unreasonably to annoy, embarrass, or anoppress the deponent or
R
C h
party
- Court may order the officer conducting the examination to
cease from taking deposition

Action
r
Ba
Submission to witness obl es
R
an r
1. Testimony is transcribed
Ch
bl
e s
Ba
R o
2. Deposition examined by C h
an
witness; l e s
Ba
r
unless waived by witness
and party
b
Ro
a n r
h Ba
C es
3. Officer entered changes in form R o bl
and substance that witness
an a r
desires, stating reasons Ch
b le
s
B
Ro
an r
4. Deposition must be signed by witness; Ch
bl
e s
Ba
o
Unless: a. parties waive
R
an
Ch
b. witness is ill
c. cannot be found or
d. refuses to sign

Action
r
Ba
Certification by the officer
Ro
bl
es
an Ba
r
- that the witness was duly

Ch
o bl sworn to by him and
e s
R
an r
that the deposition is a true orecord
C h
bl
e s
Ba
of the testimony given
by witness
R
an Ba
r
h
C es
o bl
Filing by officer Ch
an
R
e s
Ba
r
bl
- securely seal the deposition inChanan R o
envelope,s
Ba
r
e
bl
- indorsed with the title of the action an
R and
o
Ch
- marked “Deposition of (here insert the name of witness)”

- file in court where action is pending or send it by
registered mail

Action
r
Ba
Deposition upon written interrogatories
bl
es
Ro
an r
- serve notice upon every
Ch other b le
s
Ba
party
Ro
- stating the name and addressCh
an
of
e s
Ba the person who is to answer
r
bl
them h
an
R o
Ba
r
C es
The name or descriptive title andnR address o bl
r
of the officer taking
a a
the deposition Ch
b le
s
B
Ro
an r
- With 10 days- receiving party may Ch file bcross-interrogatories
le
s
Ba
o
- After 5 days- re-direct interrogatories an by the party proposing
R
Ch
deposition
- After 3 days- recross-interrogatories against party proposing
deposition

Action
r
Ba
Effects of errors and irregularities in the
Ro
bl
es
an Ba
r
depositions Ch
Ro
b les
an Ba
r
a. As to notice – waived unless written objection

Ch
Ro
bl
es
an r
is promptly served upon the party giving the notice

Ch
Ro
b le
s
Ba
an Ba
r
b. As to disqualification of officer – waived unless Ch

Ro
bl
es
an r
made before the taking of the deposition begins or Ch

Ro
bl
es
Ba
as soon thereafter as the disqualification becomes Ch

an
known or could be discovered with reasonable

diligence

Action
r
Ba
c. As to competency orRobrelevancy
l es
of evidence - NOT
waived by failure toChamakeblesthem before or during the
n r
Ba
Ro
taking of the deposition,Ch
an unless
e s
Ba ground is one which might
r
bl
have been obviated or removed an
R o
ifBarpresented at that time
Ch es
d. As to oral exam and other aparticulars n
R o bl
a r
- Errors occurring
B
at the oral exam in the manner Ch
ofRobltaking
es
the deposition, in
the form of questions and answers, in an
e oath or affirmation,
r
h Ba
C s
o bl
or in conduct of parties, and errors Ch

anof any kind which might
R
be obviated, removed, cured if promptly prosecuted are

waived unless reasonable objection is made at the taking
of the deposition.

Action
r
Ba
e. As to form of written interrogatories
bl
es - waived unless served
Ro
in writing upon party propounding
Ch
an
le
s
Ba
r
them within the time allowed
b
for serving succeeding cross an
Ro or other interrogatories and within
Ba
r
Ch
3 days after the service of theRolast interrogatories authorized.
e s
bl
a n r
Ba
f. As to manner of preparation C h
- errorso bl
es as to manner in which
R
the testimony is transcribed orChthe an depositions
Ba
r
is prepared,
le
signed, certified, sealed, indorsed, atransmitted, filed or otherwise
b
Ro
n r
h Ba
dealt with by the officer are waived C
unless
Ro
b le
s
a motion to
n
suppress the deposition or some partChaof it is made with
reasonable promptness after such defect is, or with due
diligence might have been, ascertained.
Rule 24: Depositions before

Action or Pending Appeal
r
Ba
Depositions before action an

Ro
bl
es
Ba
r
Ch es
Purpose: To perpetuate own testimony or b l

Ro
an Ba
r
Ch es
other person
bl
Ro
an Ba
r
Ch s
b le
What to file: Verified petition

Ro
an Ba
r
Ch es
bl
Ro
Where to file: In the court of the place of

an Ba
r
Ch es
b l
Ro
residence of any expected adverse party

an
Ch

r
Ba
Contents of petition bl
es
Ro
In the name of the petitioner
Ch
an
le
and
s
Ba
r
shall show:
b
a. he expects to be a party an
Rto
o
an Baction ar
but presently unable to
Ch
bring it e s
o bl
R
an r
b. subject matter of the expected C h action
bl
es
Ba
and his interest
c. facts to establish by his testimony and r reasons for desiring to
R o
an Ba
Ch s
perpetuate it
e
o bl
R
an Ba
r
d. persons he expects to be adverse parties C h
o bl
e s and their addresses
e. names and addresses of persons to anbe examine and
R
Ch
substance of their testimony
* asking for an order authorizing petitioner to take depositions of
the person to be examined

r
Ba
Notice and service Ro
bl
es
an Ba
r
Ch
- serve notice to expected adverse party
an
Ro
b l es
r
Ba
Ch es
- with copy of petition an
Ro
bl
Ba
r
Ch s
le
- stating that petitioner will apply for an order of an
Ro
b
Ba
r
Ch es
court, at a time and place therein an
Ro
bl
Ba
r
Ch es
- 20 days before date of hearing, the court shall b l
Ro
an
Ch
cause notice of hearing to be served on parties
and prospective deponents in the same manner of
service of summons

r
Ba
Order and examinationRobl es
an Ba
r
- order designating/describing
Ch
o bl
e s
the persons whose
R
deposition may be taken Ch
an
e s
Ba
r
o bl
- specifying the subject matter of Bathe deposition

R
an r
h
C es
o bl
- whether depositions is oralChexamination an

R
e s
Ba
r
or written
bl
interrogatories an
Ro
Ba
r
Ch e s
Use of deposition an
R o bl
Ch
- in any action involving the same subject matter
subsequently brought

r
Ba
Depositions pending appeal Ro
bl
es
an Ba
r
Ch
a. When: appeal has been taken from aan
Ro
b l es
r
Ba
judgment or Ch
Ro
bl
es
an Ba
r
Ch
before taking of an appeal, if time has not expired
s
b le
Ro
an Ba
r
Ch es
b. Where: court which rendered the judgment an
Ro
bl
Ba
r
Ch es
c. Who: taking of depositions of witness b l
Ro
an
Ch
c. Purpose: to perpetuate their testimony for

use in the event of further proceedings

r
Ba
d. How: by motion for leave to take depositions
Ro
bl
es
an Ba
r
Ch
e. Motion shall state: an
Ro
b l es
r
Ba
Ch es
a. names and addresses of persons to be an
Ro
bl
Ba
r
Ch
examined and substance of testimony
s
b le
Ro
an Ba
r
Ch es
b. reason an
Ro
bl
Ba
r
Ch es
f. Court Action: Order allowing depositions to be b l
Ro
an
Ch
taken
g. Use: same with depositions taken in pending
actions
Rule 25: Interrogatories to

Parties
r
Ba
Purpose: to elicit material and relevant facts
Ro
bl
es
an Ba
r
from adverse parties Ch

Ro
b l es
an Ba
r
How: File and served upon adverse party the

Ch
Ro
bl
es
an r
written interrogatories Ch
Ro
b le
s
Ba
an Ba
r
Answer to interrogatories Ch
Ro
bl
es
an Ba
r
Ch
- in writing an
Ro
b les
Ch
- signed and sworn
- 15 days after service

Parties
r
Ba
Objections to interrogatories Ro
bl
es
an Ba
r
Ch
- 10 days after service Ro
b l es
an Ba
r
Ch
- with notice an
Ro
bl
es
r
Ba
Ch
- answers shall be deferred until objections are
s
b le
Ro
an Ba
r
resolved Ch
Ro
bl
es
an Ba
r
Ch
Number of Interrogatories Ro
b les
an
Ch
General Rule: only one set is allowed
Exception: With leave of court, if more than one set

Parties
r
Ba
Scope and use: same as depositions pending
Ro
bl
es
an Ba
r
action Ch
Ro
b l es
an Ba
r
Effect of failure to serve written interrogatories

Ch
Ro
bl
es
an Ba
r
Ch
General Rule: party not served with written
s
b le
Ro
an Ba
r
interrogatories may not be compelled to give Ch

Ro
bl
es
an r
testimony in open court or to give deposition Ch

Ro
b les
Ba
pending appeal Ch
an
Exception: allowed by court for good cause and to

prevent failure of justice
Rule 26: Admission by Adverse

Party
r
Ba
Request for admission Ro
bl
es
an Ba
r
Ch
When: after issues have been joined an
Ro
b l es
r
Ba
Ch es
For: the admission by the other party: an
Ro
bl
Ba
r
Ch s
le
a. of genuiness of any material and relevant an
Ro
b
Ba
r
Ch es
document an
Ro
bl
Ba
r
Ch es
b. of the truth of any material relevant matter of b l
Ro
an
Ch
fact
Effect of failure to reply – Implied admission

Party
r
Ba
Response to Request for admission
Ro
bl
es
an Ba
r
Ch
Within a period designated in the request but not
an
Ro
b l es
r
Ba
less than 15 days after service
Ch
Ro
bl
es
an Ba
r
Ch
Motion, sworn statement either:
s
b le
Ro
an Ba
r
Ch es
a. Denying specifically matters of which admission an
Ro
bl
Ba
r
Ch
is requested or an
Ro
b les
Ch
b. Setting forth in detail the reasons why he
cannot truly either admit or deny those matters

Party
r
Ba
Objections to request for admission -

an
Ro
bl
es
Ba
r
Ch es
within period for and prior to filing of sworn

b l
Ro
an Ba
r
Ch es
statement
bl
Ro
an Ba
r
Ch s
b le
Effects of admission
Ro
an Ba
r
Ch es
bl
Ro
- for the purpose of pending action only

an Ba
r
Ch es
b l
Ro
an
- cannot be used in any other proceeding Ch

Party
r
Ba
Withdrawal by party making admission
Ro
bl
es
an Ba
r
Ch
- Court will allow, whether express or implied, to
an
Ro
b l es
r
Ba
withdraw or amend it Ch
Ro
bl
es
an Ba
r
Ch
Effect of failure to file and serve request for
s
b le
Ro
an Ba
r
admission Ch
Ro
bl
es
an Ba
r
Ch
General Rule: not permitted to present evidence an
Ro
b les
on such facts Ch
Exception: otherwise allowed court for good cause

and to prevent a failure of justice
Rule 27: Production or Inspection

of Documents of Things
r
Ba
Motion for production Ror ob
l inspection:
es
an Ba
r
- any party Ch
obl
e s
R
an r
- showing good cause C h
obl
es
Ba
R
- court may: an r
h Ba
C es
o bl
R
a. order any party to produce Ch and permit
an
le
s
Ba
r
the inspection
b
and copying or photographing Cof h
an
Ro
s
Ba
r
e
bl
- any designated documents, papers, h
an
R o
books, accounts,
C
letters, photographs, objects or tangible things
- not privilege
- in possession, custody or control of other party

r
Ba
b. order any party to permit entry upon designated
Ro
bl
es
an Ba
r
land or other property Ch

Ro
b les
an Ba
r
- in his possession or control Ch

Ro
bl
es
an Ba
r
Ch
- for purpose of inspecting, measuring, surveying e s
o bl
R
an Ba
r
or photographing the property or any designated Ch

Ro
b les
an r
relevant object or operation Ch

Ro
bl
es
Ba
an
Order - specify the time, place and manner of Ch
making inspection and taking copies and

photographs

r
Ba
Written interrogatories v.obProduction
l es or Inspection of Documents
R
an r
Through written interrogatories,
Ch
b le
s
Ba
a party may elicit from the
Ro
adverse party or parties any Ch
an factss Baor r matter that are not
e
privileged and are material and an
Ro relevant to the subject of
bl
r
Ba
pending action. On the other C h
hand, o bl the provision on production
es
R
and inspection of documents isChto enable a n
e s
Ba not only the parties but
r
bl
also the court (in this case, the Philippine an
R o
Health
Ba
r Insurance
h
Corporation [PHIC] Arbitration Department) C
Ro
b le
s
to discover all the
n
relevant and material facts in connection Ch
a
with the case pending
before it.
[Philippine Health Insurance Corporation v. Our Lady of Lourdes
Hospital, 774 SCRA 603 (2015)]
Rule 28: Physical and Mental

Examination of Persons
r
Ba
When examination may Ro
blbe ordered
es
an Ba
r
- action in which mental or

Ch
o bl physical condition of a party is
e s
R
in controversy C h
an
e s
Ba
r
o bl
Order of examination
R
an Ba
r
h
C es
o bl
- on motion for good cause ChanR e s

Ba
r
bl
- notice to party to be examined C h
an and to
R o
s
Ba
rall other parties,
e
and an
R o bl
Ch
- specify the time, place, manner, conditions and scope of
examination and the person/s by whom it is to be made
Rule 28: Physical and Mental

Examination of Persons
r
Ba
Where the party examined requests and obtains a
Ro
bl
es
an r
report on the results of the examination the
Ch
b les
Ba
Ro
consequences are: Ch
an
bl
es
Ba
r
Ro
a. he has to furnish the other party a copy of the
Ch
an
b le
s
Ba
r
report of any previous or subsequent examination of Ch

an
Ro
es
Ba
r
bl
the same physical and mental condition, and an
Ro
Ba
r
Ch es
bl
b. he waives any privilege he may have in that action an
Ro
Ch
or any other involving the same controversy regarding
the testimony of any other person who has examined
him or may thereafter examine him.
Rule 29: Refusal to Comply

with Modes of Discovery
r
Ba
A. Sanctions: Ro
bl
es
an Ba
r
1. Order to compel an answer

Ch
o bl
e s
R
an r
2. Contempt; C h
o bl
e s
Ba
R
3. Payment of reasonableC fees; bles an r
h Ba
Ro
4. Order that the matters regarding Ch
a n
le
s
Bwhich
ar
the questions
b
were asked, or character or description Ch
an
Ro
s
Ba
rof land or contents
e
of the paper, or physical or mentalancondition R o bl
of the party,
or any other designated facts shall Ch
be taken to be in
accordance with the claim of party obtaining the order;

r
Ba
5.Prohibition on the refusing party to produce
Ro
bl
es
an Ba
r
evidence or support or oppose designated claims

Ch
Ro
b les
an r
or defenses; Ch
Ro
bl
es
Ba
an r
6. Striking out pleadings, order the dismissal of the

Ch
Ro
b le
s
Ba
action or stay the action until compliance or to

an Ba
r
Ch es
bl
Ro
render judgment by default. an r
Ba
Ch es
bl
Ro
7. Order the arrest of the refusing party except in Ch

an
cases of physical or mental examination.

r
Ba
B. Failure of party to attend or serve answers
Ro
bl
es
an Ba
r
under rule 25 (Interrogatories to Parties)

Ch
Ro
b l es
an Ba
r
- strike out all or any part of the pleadings

Ch
Ro
bl
es
an Ba
r
Ch
- dismiss the action/proceeding/any part thereof
s
b le
Ro
an Ba
r
Ch es
- judgment by default an
Ro
bl
Ba
r
Ch es
- payment of reasonable fees including attorney’s b l
Ro
an
Ch
fees

r
Ba
The matter of how, and Ro
bl when, the above sanctions should
es
be applied is one that

Ch primarily
an
rests on the sound
r
Ba
s
b le
Ro
discretion of the court Cwhere
h
an the
e s
Ba
r
case is pending, having
bl
always in mind the paramount an
Ro and Bar
overriding interest of
Ch
justice. For while the modes of bdiscovery are intended to
s
le
R o
n r
attain the resolution of litigations with great expediency,
a Ba
Ch e s
o bl
they are not contemplated, however, to Ba be ultimate causes

R
an r
C h s
e
bl
of injustice. It behooves trial courts an to examine well the
R o
Ch
circumstances of each case and make their considered
determination thereafter.
]Zepeda v. China Banking Corporation, 504 SCRA 126 (2006)]
Rule 30: Trial

r
Ba
Notice of Trial an
Ro
bl
es
Ba
r
Ch es
- Clerk notifies parties of the date of its trial

b l
Ro
an Ba
r
Ch es
bl
- Ensures receipt of the notice at least 5Ch

an
Ro
b le
s
Ba
r
days before such date

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch
Rule 30: Trial

r
Ba
Adjournments and Postponements

an
Ro
bl
es
Ba
r
Ch es
Court may adjourn day to day b l

Ro
an Ba
r
Ch es
bl
But no longer period than one month Ch

an
Ro
b le
s
Ba
r
for each adjournment,

Ro
an Ba
r
Ch es
bl
Ro
Nor more than 3 months in all

an Ba
r
Ch es
b l
Ro
an
Exception: authorized in writing by Court Ch
Administrator, Supreme Court
Rule 30: Trial

r
Ba
Motion to Postpone Trial for Absence of Evidence
Ro
bl
es
an Ba
r
Ch
Requisites: an
Ro
b l es
r
Ba
Ch es
1. affidavit an
Ro
bl
Ba
r
Ch s
le
2. showing materiality or relevancy of such an
Ro
b
Ba
r
Ch es
evidence an
Ro
bl
Ba
r
Ch es
3. due diligence in procuring it b l
Ro
an
Ch
Exception: No postponement when adverse party

admits the facts to be given in evidence
Rule 30: Trial

r
Ba
Motion to Postpone Trial for illness of Party or
Ro
bl
es
an Ba
r
Counsel Ch
Ro
b l es
an Ba
r
Requisites: Ch
Ro
bl
es
an Ba
r
Ch
1. affidavit or sworn certification
s
b le
Ro
an Ba
r
Ch es
2. that presence of such party/counsel is an
Ro
bl
Ba
r
Ch
indispensable an
Ro
b les
Ch
3. character of his illness is such as to render his
non-attendance excusable
Rule 30: Trial

r
Ba
As a rule, the grant or denial of a motion for
Ro
bl
es
an Ba
r
postponement is addressed to the sound discretion

Ch
Ro
b l es
an r
of the court which should always be predicated on
Ch
Ro
bl
es
Ba
the consideration that more than the mere an r

Ba
Ch s
b le
Ro
convenience fo the courts or of the parties, the Ch
an
bl
es
Ba
r
ends of justice and fairness should be served Ch

an
Ro
les
Ba
r
thereby. Furthermore, this discretion must be

b
Ro
an
Ch
exercised intelligently”.
[Milwaukee Industries v. Court of Tax Appeals, 636 SCRA
70, 77 (2010)]
Rule 30: Trial

r
Ba
Order of Trial bl
es
Ro
an r
Trial shall be limited toCh the issues b le
s
Ba
in the pre-trial order and shall
Ro
proceed as follows: Ch
an
s
Ba
r
e
bl
1. Plaintiff shall adduce evidence h
an
R o
in support
Ba
r of his complaint
C es
2. Defendant shall adduce evidence R o bl
in support of his defense,
an a r
counter-claim, cross-claim andChthird party o b le
s
B
complaint
R
an r
3. Third-party defendant shall adduce C h evidence
b le
s
Ba
of his defense,
counterclaim, cross-claim and fourth-party an
Ro
complaint
Ch
4. fourth-party, and so forth, shall adduce evidence of material

facts pleaded by them
Rule 30: Trial

5. Parties against whom anyarcounterclaim or cross-claim has
B
been pleaded, shall adduce Ro
b l es
evidence in support of their defense,
in order to be prescribed an
by the Ba court
r
Ch e s
o bl
6. Parties may then respectively adduce rebutting evidence only,

R
an Ba
r
C h s
e
bl
unless the court, for good reasons an
Ro and ar
in the furtherance of
B
Ch
justice, permits them to adduce evidence
R o bl
es
upon their original
case; Ch
an
e s
Ba
r
o bl
7. Upon admission of the evidence, C h
an the case
R
s
Ba
r shall be deemed
e
submitted for decision, unless the court an
R directs the parties to
o bl
argue or to submit their respective memoranda Ch

or any further
pleadings.
*Judicial Affidavits in lieu of direct testimonies.
Rule 30: Trial

r
Ba
Agreed statement of factsan

Ro
bl
es
r
Ba
- in writing
Ch es
b l
Ro
an Ba
r
Ch
- submit the case for judgment on the facts
es
bl
Ro
an Ba
r
Ch
agreed upon, without the introduction of

s
b le
Ro
an Ba
r
Ch
evidence
es
bl
Ro
an Ba
r
Ch es
bl
*if parties agree only on some of the facts, Ch

an
Ro
trial as to the disputed facts
Rule 30: Trial

r
Ba
Judge to receive evidence Ro
bl
es
an Ba
r
General Rule: Judge shallobpersonally

Ch
le
s
receive the evidence
R
an r
Exception: Delegation of reception
C h
o bl
e s
Ba
of evidence to clerk of
court
R
an Ba
r
h
C es
o bl
1. in default or ex parte hearings, Ch

an
R
e s
Ba
r
bl
2. parties agree in writing C h
an
R o
s
Ba
r
e
bl
* Clerk of Court no power to rule on an objections to any
R o
Ch
question or to admission of exhibits, objections shall be
resolved by court within 10 days from termination of
hearing
Rule 30: Trial

Hot tub Hearing. r
Ba
“The CA conducted “hot Rtubbing,”
ob
le
s
the colloquial term for
concurrent expert evidence,an
ales method used for giving evidence
r
Ba
Ch
b
in civil cases in Australia. hInan a “hot
Ro
Ba
r tub” hearing, the judge can
C s
hear all the experts discussingnRothe bl
e
same r
issue at the same time
to explain each of their points in abldiscussion with a professional
a B a
Ch es
o
colleague. The objective is to achieve Ch
an
R
greater
s
Ba
r efficiency and
e
expedition, by reduced emphasis on an
Rocross-examination and
bl
r
Ba
increased emphasis on professional dialogue, Ch
o bl
e s
and swifter
R
identification of the critical areas of disagreement C h
an
between the
experts. [International Service for the Acquisition of Agri-Biotech
Applications, Inc. v. Greenpeace Southeast Asia (Philippines),
776 SCRA 434, 524 (2015)]
Rule 31: Consolidation or

Severance
r
Ba
Consolidation an
Ro
bl
es
Ba
r
Ch es
- actions involving a common question of b l

Ro
an Ba
r
Ch es
law or fact
bl
Ro
an Ba
r
Ch s
b le
- pending before the court

Ro
an Ba
r
Ch es
bl
Ro
- Court may order a joint hearing/trial

an Ba
r
Ch es
b l
Ro
an
- Court may order all the actions Ch
consolidated

Severance
r
Ba
Consolidation is proper when two (2) or more
Ro
bl
es
an Ba
r
actions pending, not necessarily before the same

Ch
Ro
b l es
an r
court involve a common question of law or fact.
Ch
Ro
bl
es
Ba
an r
[Maraño v. Pryce Gases, Incorporated,
o bl
es Ch 755 SCRA 56 Ba
(2015)]
R
an Ba
r
Ch s
le b
Ro
Consolidation or severance of cases is not Ch
an
bl es
Ba
r
mandatory and is within the sound discretion of Ch

an
Ro
the court.
[Republic v. Heirs of Oribello, Jr., 692 SCRA 645 (2013)]

Severance
r
Ba
Separate Trials Ro
bl
es
an Ba
r
Ch
- in furtherance of convenience or to avoid
an
Ro
b l es
r
Ba
prejudice Ch
Ro
bl
es
an Ba
r
Ch
- Court may order a separate trial
s
b le
Ro
an Ba
r
Ch es
a. of any claim, cross-claim, counterclaim, or third- an
Ro
bl
Ba
r
Ch
party complaint, or an
Ro
b les
Ch
b. of separate issue or
c. of any number of claims, cross-claims, counter-
claims, third-party complaints or issues

Severance
r
Ba
3 Kinds of consolidationsan
Ro
bl
es
Ba
r
Ch es
1. Where all, except one of several of b l

Ro
an Ba
r
Ch es
actions are stayed until one is tried, in which

bl
Ro
an Ba
r
Ch s
le
case the judgment in the one trial is

b
Ro
an Ba
r
Ch es
bl
conclusive as to the others. This not actually Ch
an
Ro
es
Ba
r
bl
consolidation but is referred to as such Ch

an
Ro
(quasi-consolidation)

Severance
r
Ba
2. Where several actions are combined into

an
Ro
bl
es
Ba
r
Ch
one, lose their separate identity, and
an
Ro
b les
Ba
r
Ch
become a single action in which a single
es
bl
Ro
an Ba
r
Ch
judgment is rendered. This is illustrated by a

s
b le
Ro
an Ba
r
Ch
situation where several actions are pending

es
bl
Ro
an Ba
r
Ch es
between the same parties stating claims Ch
an
Ro
bl
which might have been set out originally on

one complaint (actual consolidation)

Severance
r
Ba
3. Where several actions are ordered to be tried
Ro
bl
es
an Ba
r
together, but each retains its separate character,

Ch
Ro
b les
an r
and require the entry of separate judgment. This
Ch
Ro
bl
es
Ba
type of consolidation does not merge the suits into

an r
Ba
Ch s
b le
Ro
a single action, or cause the parties to one action Ch
an
bl
es
Ba
r
to be parties to the other (consolidation for trial)” Ch

an
Ro
es
Ba
r
bl
[Republic v. Heirs of Oribello, Jr., Ch692

an SCRA 645, 657 Ro
(2013)]
Rule 32: Trial by Commissioner

r
Ba
Two kinds of reference: an

Ro
bl
es
Ba
r
Ch es
a. Reference by consent b l
Ro
an Ba
r
Ch es
bl
- written consent of both parties Ch

an
Ro
b le
s
Ba
r
Ro
- Court may order any or all of the issues to an r

Ba
Ch es
bl
Ro
be referred to a commissioner
an Ba
r
Ch es
b l
Ro
an
- Commissioner – either agreed upon by Ch
parties or by commissioner

r
Ba
b. Reference ordered on omotionbl
es
R
an r
- parties do not consent
Ch
bl
e s
Ba
R o
- upon application of oneChparties
an Ba motu proprio
or r
e s
o bl
- Court may direct a reference C h
an to a commissioner
R
s
Ba
r in the following
e
case: Ro
bl
an Ba
r
Ch
1. Trial requires examination of a long bl account of either side
e s
R o
an Ba
r
2. Taking of an account is necessary foroblthe C h
e s
information of the
court before judgment or for carrying a judgment order into
R
an
C h
effect
3. Question of fact, other than upon the pleadings, arises upon
motion or otherwise, in any stage of the case

r
Ba
Order of reference; powers of the commissioner
Ro
bl
es
an Ba
r
Ch
- Specify or limit the powers of commissioner
an
Ro
b l es
r
Ba
Ch es
- directs commissioner: an
Ro
bl
Ba
r
Ch s
le
a. to report only upon particular issues, or an
Ro
b
Ba
r
Ch es
bl
b. to do or perform particular acts Ch
an
Ro
Ba
r
les
c. to receive and report evidence only

b
Ro
an
Ch
- fix the date of hearings and filing of his report

r
Ba
Power of the Commissioner: Ro
bl
es
an Ba
r
- subject to specifications oband

Ch
le
s
limitations stated in the
R
order, Ch
an
e s
Ba
r
o bl
- to regulate proceedings Chan

R
r
Ba
es
o bl
- to do all acts and take all measures Ch

an
R
e s
Ba necessary or proper
r
bl
for the efficient performance of ahis n
R o
duties Ba
r under the order
C h s
le
- may issue subpoenas and subpoenas an
Ro
b
duces tecum, swear
witnesses, Ch
- may rule upon admissibility of evidence

r
Ba
Oath of commissioner Ro
bl
es
an Ba
r
Ch
- commissioner shall be sworn to faithful and
an
Ro
b l es
r
Ba
honest performance of his duties
Ch
Ro
bl
es
an Ba
r
Ch
Proceedings before the commissioner
s
b le
Ro
an Ba
r
Ch es
- upon receipt of order of reference an
Ro
bl
Ba
r
Ch es
- commissioner shall set time and place for the b l
Ro
an
Ch
first meeting
- within 10 days after date of the order of
reference

r
Ba
Failure of parties to appear before commissioner
Ro
bl
es
an Ba
r
Ch
- Commissioner may proceed ex parte or
an
Ro
b l es
r
Ba
Ch es
- in his discretion, adjourn the proceedings to a
an
Ro
bl
Ba
r
Ch
future day
s
b le
Ro
an Ba
r
Ch es
Refusal of witness to obey subpoena issued by an
Ro
bl
Ba
r
Ch
commissioner or give evidence an
Ro
b les
Ch
- Deemed contempt of the court which appointed
the commissioner

r
Ba
Report of commissioner an
Ro
bl
es
Ba
r
Ch es
- upon completion of trial/hearing/ b l

Ro
an Ba
r
Ch es
proceeding before the commissioner

bl
Ro
an Ba
r
Ch s
b le
- commissioner files with court his report

Ro
an Ba
r
Ch es
bl
Ro
- in writing
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Notice to parties of Commissioner’s Report
Ro
bl
es
an Ba
r
Ch
- Duty of clerk to notify parties an
Ro
b l es
r
Ba
Ch es
- parties are allowed 10 days within which to
an
Ro
bl
Ba
r
Ch
signify grounds of objections to the findings of the
s
b le
Ro
an Ba
r
report Ch
Ro
bl
es
an Ba
r
Ch
Hearing upon report an
Ro
b les
Ch
Upon expiration of 10 days to file objection, the
report shall be set for hearing

r
Ba
Court shall issue an order Ro
bl
es
an Ba
r
a. adopting, modifying, oroblrejecting

Ch e s
the report in whole or
R
in part or Ch
an
e s
Ba
r
o bl
b. recommitting it
R
an Ba
r
h
C es
o bl
c. requiring parties to present Ch

an further
R
e s
Ba evidence before the
r
bl
commissioner or the court an
R o
Ba
r
C h s
e
Compensation of commissioner anR o bl
Ch
- reasonable compensation
- as costs against the defeated party or apportioned as
justice requires
Rule 33: Demurrer to Evidence

r
Ba
After plaintiff’s presentation of evidence
Ro
bl
es
an Ba
r
Ch
Defendant may move for dismissal an
Ro
b les
r
Ba
Ch es
on the ground that upon the facts and the law the
an
Ro
bl
Ba
r
Ch
plaintiff has shown no right to relief.
s
b le
Ro
an Ba
r
Ch es
a. If motion denied – defendant has the right to an
Ro
bl
Ba
r
Ch
present evidence an
Ro
bl
es
Ch
b. If motion granted, but reversed on appeal –
defendant deemed to have waived the right to
present evidence.

r
Ba
A demurrer to evidence is an objection by

an
Ro
bl
es
Ba
r
Ch
one (1) of the parties in action to the effect
an
Ro
b les
Ba
r
Ch
that the evidence which his adversary
es
bl
Ro
an Ba
r
Ch
produced is insufficient in point of law to

s
b le
Ro
an Ba
r
Ch
make out a case or sustain the issue.

es
bl
Ro
an Ba
r
Ch es
[People v. Sandiganbayan, 765 SCRA 321 (2015)]

bl
Ro
an
Ch

r
Ba
A demurrer to evidence is a motion to dismiss on the
Ro
bl
es
an r
ground of insufficiency of evidence. It is a remedy
Ch
b les
Ba
Ro
available to the defendant, to the effect that the
Ch
an
bl
es
Ba
r
evidence produced by the plaintiff is insufficient in

Ch
an
Ro
s
Ba
r
le
point of law, whether true or not, to make out a case
b
Ro
an Ba
r
Ch es
or sustain an issue. The question in a demurrer to an
Ro
bl
r
Ba
evidence is whether the plaintiff, by his evidence in Ch
Ro
bl
es
an
chief, had been able to establish a prima facie case. Ch
[Republic vs. de Borja, G.R. No. 187448, 814 SCRA 10

(2017)]

r
Ba
In short, defendants who Ro
bl present a demurrer to the
es
plaintiffs' evidence retain

an
the right to present their own
r
Ba
Ch s
b le
Ro
evidence, if the trial court Ch
an disagrees e s
Ba
r
with them; if it agrees
bl
with them, but on appeal, athe n
Ro appellate
Bar
court disagrees
Ch
and reverses the dismissal order, n
R o bl
es
ther defendants lose the
right to present their own evidence. s The appellate court
a Ba
Ch e
bl
Ro
shall, in addition, resolve the case Ch
an and l e s
Brender
ar judgment on
the merits, inasmuch as a demurrer Roaims to discourage
b
a n
Ch
prolonged litigations.
[Duque vs. Spouses Yu, G.R. No. 226130, 19 February 2018)]

r
Ba
Demurer to evidence authorizes a judgment

an
Ro
bl
es
Ba
r
Ch
on the merits of the case without the
an
Ro
b les
Ba
r
Ch
defendant having to submit evidence on his
es
bl
Ro
an Ba
r
Ch
part, as he would ordinarily have to do, if

s
b le
Ro
an Ba
r
Ch
plaintiff’s evidence shows that he is not

es
bl
Ro
an Ba
r
Ch es
entitled to the relief sought. Ch
an
Ro
bl
[Republic v. Gimenez, 778 SCRA 261 (2016)]

r
Ba
Demurrer in Civil Case(Rule 33) v. Demurrer in
Ro
bl
es
an r
Criminal Case (Rule 119) Ch
b les
Ba
Ro
an r
1. Civil Case – no leave of court required
Ch
bl
es
Ba
Ro
an r
Criminal Case – leave of court is requiredCh
b le
s
Ba
Ro
an r
2. Civil Case – if the demurrer is granted, the order of
Ch
bl
es
Ba
Ro
dismissal is appealable Ch
an
bl
es
Ba
r
Ro
Criminal Case – Order of dismissal not appealable; Ch
an
double jeopardy

r
Ba
3. Civil Case – if demurrer is denied, defendant may
Ro
bl
es
proceed to present his evidence

an r
Ba
Ch es
b l
Ro
Criminal Case – if demurrer is filed with leave of court,

an r
Ba
Ch es
bl
Ro
accused may adduce his evidence; if filed without
Ch
an
le
s
Ba
r
b
leave of court, he cannot present his evidence Ch
an
Ro
Ba
r
es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch
Rule 34: Judgment on the

Pleadings
r
Ba
Judgment on the Pleadings is proper:

an
Ro
bl
es
Ba
r
Ch es
If answer fails to tender an issue; or b l

Ro
an Ba
r
Ch es
bl
If answer otherwise admits the material Ch

an
Ro
b le
s
Ba
r
allegations of the adverse party’s pleading

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
*Then court may, on motion of that party, Ch
direct judgment on the pleadings

Pleadings
r
Ba
Judgment on the pleadings bl is appropriate when an answer to
es
Ro
claim fails to tender anChaissue,
n
e
or
s
Ba otherwise admits the material
r
bl
allegations of the adversehaparty’s
n
R o
pleading.
Ba
r Jurisprudence
dictates that an answer fails toRobtender an issue, if it does not
C s
le
n r
comply with requirements ofChaa specific bl
e s
Ba
denial as set out in Sec. 8
and 10, Rule 8 of the Rules of CCourt, resulting in the admission
R o
an Ba
r
h s
e
of the material allegations of the adverse R o bl
party’s pleading. As
an a r
such, it is a judgment that is exclusively Ch
b
based
l es
B
on the submitted
Ro
pleadings, without introduction of evidence C h
an as the factual issue
remains uncontroverted.
[GSIS v. Prudential Guarantee and Assurance, Inc., 710 SCRA
337 (2013)]

Pleadings
r
Ba
However, the material facts alleged in the

an
Ro
bl
es
Ba
r
Ch
complaint shall always be proved in actions
an
Ro
b les
Ba
r
Ch
for:
es
bl
Ro
an Ba
r
Ch s
le
a. Declaration of nullity of marriage

b
Ro
an Ba
r
Ch es
bl
b. Annulment of marriage
Ro
an Ba
r
Ch es
bl
Ro
c. Legal separation
an
Ch
Rule 35: Summary Judgments

r
Ba
Summary Judgment bl
es
Ro
A summary judgment, orChaaccelerated
n
le
s
Ba
r
judgment is a procedural
b
technique to promptly dispose an
Roof cases, where the facts appear
r
Ba
Ch
undisputed and certain from the pleadings, o bl
e s
depositions, admissions and
R
affidavits on record, or for weeding C h
an out es
sham
Ba
r
claims or defenses at
l
anearly stage of the litigation to avoid Ro the expense and loss of time
b
an Ba
r
involved in a trial. When the pleadings onblefile show that there are no
C h s
Ro
genuine issues of fact of be tried, theChRules an allows
Ba
r a party to obtain
e
immediate relief by way of summary judgment, Ro
bl
that is, when the facts
an
are not in dispute, the court is allowed to Ch decide the case summarily by
applying the law to the material facts.

[Philippine Business Bank v. Chua, 634 SCRA 635 (2010)]

r
Ba
Who may move: Ro
bl
es
an Ba
r
Ch
Either claimant or defending party an
Ro
b les
r
Ba
Ch es
Ground: an
Ro
bl
Ba
r
Ch s
le
No genuine issue as to any material fact an
Ro
b
Ba
r
Ch es
bl
When to file a motion: Ch
an
Ro
Ba
r
es
bl
Claimant: any time after an Answer has been filed Ch
an
Ro
Defendant: any time

r
Ba
In either case, movant must file:

an
Ro
bl
es
Ba
r
Ch es
- supporting affidavits, depositions or b l

Ro
an Ba
r
Ch es
admissions for a summary judgment in his

bl
Ro
an Ba
r
Ch s
le
favor upon all any part thereof

b
Ro
an Ba
r
Ch es
bl
Service of motion: 10 days before hearing

Ro
an Ba
r
Ch es
bl
Ro
Service of affidavits, depositions or

an
Ch
admissions: 3 days before hearing

r
Ba
Partial Summary Judgmentan

Ro
bl
es
Ba
r
Ch es
- judgment is not rendered upon the whole

b l
Ro
an Ba
r
Ch es
case or for all the reliefs sought and

bl
Ro
an Ba
r
Ch e s
bl
- trial is necessary
R o
an Ba
r
Ch es
b l
Ro
- during the hearing, after examining the

an Ba
r
Ch es
bl
Ro
pleadings and evidence and by interrogating

an
Ch
counsel,

r
Ba
Court shall: an
Ro
bl
es
Ba
r
Ch es
1. make an order specifying facts that b l

Ro
an Ba
r
Ch es
appear without substantial controversy,

bl
Ro
an Ba
r
Ch s
le
including the extent to which amount of

b
Ro
an Ba
r
Ch es
bl
damages or other relief is not in Ch
an
Ro
es
Ba
r
bl
controversy, and Ch
an
Ro
2. direct further proceedings

r
Ba
Forms of affidavits an
Ro
bl
es
Ba
r
Ch es
- made on personal knowledge b l

Ro
an Ba
r
Ch es
bl
- setting forth facts as would be admissible

Ch
an
Ro
bl
e s
Ba
r
in evidence
R o
an Ba
r
Ch es
b l
Ro
- showing that affiant is competent to testify

an Ba
r
Ch es
bl
Ro
to the matters stated therein

an
Ch
- attachments to the affidavits must be

certified true copies(filed and served)

r
Ba
Affidavits in bad faith or solely for the

an
Ro
bl
es
Ba
r
Ch
purpose of delay an
Ro
b les
Ba
r
Ch es
- offending party or counsel

bl
Ro
an Ba
r
Ch s
b le
a. to pay the other party the amount of the

Ro
an Ba
r
Ch es
bl
reasonable expenses incurred, including

Ro
an Ba
r
Ch es
bl
Ro
attorney’s fees Ch
an
b. after hearing, may be adjudged to be

guilty of contempt
Rule 36: Judgments, Final

Orders and Entry Thereof
r
Ba
Judgments and final orders Ro
bl
es
an Ba
r
Ch
- in writing an
Ro
b l es
r
Ba
Ch es
- personally and directly prepared by the judge
an
Ro
bl
Ba
r
Ch s
le
- stating clearly and distinctly the facts and the law an
Ro
b
Ba
r
Ch es
on which it is based an
Ro
bl
Ba
r
Ch es
- signed by him b l
Ro
an
Ch
- filed with clerk of court

r
Ba
Fundamental Requirements of a Decision
Ro
bl
es
an Ba
r
Ch
The Constitution commands that “[n]o decision
an
Ro
b les
r
Ba
shall be rendered by any court without expressing
Ch
Ro
bl
es
an r
therein clearly and distinctly the facts and the law

Ch
Ro
b le
s
Ba
on which it is based. No petition for review or

an Ba
r
Ch es
bl
Ro
motion for reconsideration of a decision of the an r
Ba
Ch es
bl
Ro
court shall be refused due course or denied Ch
an
without stating the basis therefore.

[Velarde v. Social Justice Society, 428 SCRA 283 (2004)]

r
Ba
Entry of Judgments Ro
bl
es
an Ba
r
Ch
- Date of finality of judgment or final order shall be
an
Ro
b les
r
Ba
deemed to be date of its entry Ch
Ro
bl
es
an Ba
r
Ch
- record shall contain the dispositive part
s
b le
Ro
an Ba
r
Ch es
- signed by the clerk an
Ro
bl
Ba
r
Ch es
- with a certificate that such judgment or final an
Ro
bl
Ch
order has become final and executor

r
Ba
Separate judgment Robl es
an Ba
r
- more than one claim forobrelief

Ch
le
s
is presented in an action
R
an r
- the court, at any stage, may
C h
o bl
e render a separate judgment
s
Ba
disposing of a claim
R
an Ba
r
h
C es
o bl
- the judgment shall terminate Ch

an the action
R
e s
Ba
r
with disposed
bl
claim an
Ro
Ba
r
Ch e s
- the action shall proceed as to theanRremaining claims o bl
Ch
- the court by order may stay its enforcement until
rendition of a subsequent judgment/s

r
Ba
4. Judgment against entity without juridical

an
Ro
bl
es
Ba
r
Ch
personality an
Ro
b les
Ba
r
Ch es
- judgment against 2 or more persons sued

bl
Ro
an Ba
r
Ch s
le
as an entity without juridical personality

b
Ro
an Ba
r
Ch es
bl
- judgment shall set out their individual or

Ro
an Ba
r
Ch es
bl
Ro
proper names, if known Ch
an

r
Ba
An order is final if “the order or judgment

an
Ro
bl
es
Ba
r
Ch
ends the litigation in the lower court.” It is
an
Ro
b les
Ba
r
Ch
interlocutory if the order simply resolves
es
bl
Ro
an Ba
r
Ch
matters incidental to the main case and still

s
b le
Ro
an Ba
r
Ch
leaves something to be done on the part of

es
bl
Ro
an Ba
r
Ch es
the court relating to the merits of the case. Ch
an
Ro
bl
[Metropolitan Bank & Trust Company v. G & P

Builders, Incorporated, 775 SCRA 41 (2015)]

r
Ba
Rule 36 does not applyRobto
l interlocutory orders.
es
an ar
[Amargo v. Court of Appeals,
Ch 53blesSCRA
B
64, 70 (1973)]
Ro
an Ba
r
Ch es
bl
Ro
Memorandum Decisions Chan es
Ba
r
o bl
The law does not define theChmemorandum

an
R
e s
Ba
r
decision and
bl
simply suggest that the court may an
Ro adopt by reference the
Ba
r
Ch
findings of fact and conclusions of law bl stated in the
e s
R o
an
decision, order or resolution on appeal Ch before it. No
particular form is prescribed the conditions for its use are
not indicated.

r
The distinctive features of the memorandum

Ro
bl
es
Ba
decision are, first, it is rendered by an appellate

an r
Ba
Ch es
b l
Ro
court, and second, it incorporates by reference the
Ch
an
bl
es
Ba
r
Ro
decision, order or ruling under review. xxx The
Ch
an
b le
s
Ba
r
idea is to avoid having to repeat in the body of the Ch

an
Ro
es
Ba
r
bl
latter decision the findings and conclusions of the Ch
an
Ro
Ba
r
es
lower court since they are being approved or an
Ro
bl
Ch
adopted anyway.
[Francisco v. Permskul, 173 SCRA 324 (1989)]

r
Ba
As long as memorandum decision states the
Ro
bl
es
an Ba
r
nature of the case, summarizes the facts with

Ch
Ro
b les
an r
references to the record, and contains a statement
Ch
Ro
bl
es
Ba
of the applicable laws and jurisprudence and thean r

Ba
Ch s
b le
Ro
tribunal’s assessment and conclusion on the case, Ch
an
bl
es
Ba
r
the constitutional requirement of a valid judgment Ch

an
Ro
es
Ba
r
bl
will not be transgressed. Ch
an
Ro
[Oil and Natural Gas Commission v. Court of Appeals, 293

SCRA 26 (1998)]

r
Ba
When there is a conflict between the

an
Ro
bl
es
Ba
r
dispositive portion or fallo of a decision and

Ch es
b l
Ro
an Ba
r
Ch
the opinion of the court contained in the
es
bl
Ro
an Ba
r
Ch
text or body of the judgment, the former

s
b le
Ro
an Ba
r
Ch
prevails over the latter.

es
bl
Ro
an Ba
r
Ch es
[PH Credit Corp. v. Court of Appeals, 370 SCRA

bl
Ro
an
Ch
155 (2001)]

r
Ba
Rendition of judgment Ro
bl
es
an Ba
r
Ch
It is not the writing or signing of the judgment
an
Ro
b les
r
Ba
which constitutes rendition of the judgment. The
Ch
Ro
bl
es
an r
rule is well-established that the filing of the

Ch
Ro
b le
s
Ba
decision, judgment or order with the clerk of court,

an Ba
r
Ch es
bl
Ro
not the date of the writing of the decision, or an r
Ba
Ch es
bl
Ro
judgment, nor the signing or even the Ch
an
promulgation thereof, that constitutes rendition.

[Castro v. Malazo, 99 SCRA 164, 170 (1980)]

r
Ba
Judgment penned by a different bl
es judge who heard the case
Ro
an r
In one case, itChwas held b le
s
Ba
that it was not unusual for judge
Ro
who did not try a case toChdecidean itBaron the basis of the record
s
le
since the trial judge who triedanRthe ob case a r
may have already died or
retired. In fact, as early as 1915, this Court already ruled that
B
Ch es
b l
Ro
“[t]here is no law which prohibits Ch
an a judge
s
Ba
r
from deciding a case
le
because he did not see some of theanRwitnesses when they
o b
r
h Ba
testified therein. In the absence of C
anyRoexpress bl
es
prohibition of
n
this kind, we cannot imply one.” Ch
a
[People v. Court of First Instance of Quezon, 227 SCRA 457

(1993)]

r
Ba
Judgment penned by aRobformer l es
judge
an Ba
r
A decision penned oby

Ch
bl
e s
a judge after his retirement
R
cannot be validly promulgated
Ch
an
le
s
Band
ar
cannot acquire a
b
binding effect. In like manner, C h
an
Ro
a decision
s
Ba
r penned by a
e
judge during his incumbency acannot n
Ro
bl
a
be
r
validly promulgated
B
after his retirement. When aC judge leretires, all his authority
h s
b
Ro
to decide any case, i.e., to write, signble and promulgate the
an r
h Ba
C s
Ro
decision has also “retired” with him. Ch
a n
[Nazareno v. Court of Appeals, 378 SCRA 28, 34-35 (2002)]

r
Ba
Judgment penned by a transferred judge
Ro
bl
es
an Ba
r
Ch
A judge who was permanently transferred to
Ro
b les
an Ba
r
another court of equal jurisdiction, before the case

Ch
Ro
bl
es
heard by him was decided, may validly prepare and

an r
Ba
Ch s
b le
Ro
sign his decision on the said case and sent the name Ch
an
bl
es
Ba
r
to the court where he was originally assigned. Ch

an
Ro
es
Ba
r
bl
[Valentin v. Sta. Maria, 55 SCRA 40 (1974)] Ch

an
Ro
Rule 37: New Trial or

Reconsideration
r
Ba
Motions for reconsideration of judgments

an
Ro
bl
es
Ba
r
Ch
and final orders (as opposed to Motions for
an
Ro
b l es
Ba
r
Ch
Reconsideration of interlocutory orders) are
es
bl
Ro
an Ba
r
Ch
governed by Rule 37 of the 1997 Rules of

s
b le
Ro
an Ba
r
Ch
Civil Procedure.
es
bl
Ro
an Ba
r
Ch es
[City of Taguig v. City of Makati, 793 SCRA 527

b l
Ro
an
Ch
(2016)]

Reconsideration
r
Ba
When to file: Within the period for taking an

an
Ro
bl
es
Ba
r
Ch
appeal an
Ro
b l es
Ba
r
Ch es
Grounds:
bl
Ro
an Ba
r
Ch s
b le
a. Motion for New Trial

Ro
an Ba
r
Ch es
bl
Ro
a. Fraud, accident, mistake or excusable

an Ba
r
Ch es
b l
Ro
negligence (FAME)
an
Ch
b. Newly discovered evidence

Reconsideration
r
Ba
b. Motion for Reconsideration (“MR”)

an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
a. Damages awarded are excessive Ch

an
Ro
b le
s
Ba
r
Ro
b. Insufficiency of evidence to justify the an r

Ba
Ch es
bl
Ro
decisionor final order

an Ba
r
Ch es
b l
Ro
an
c. Decision/ Final order is contrary to law Ch

Reconsideration
r
Ba
Contents: Ro
bl
es
an Ba
r
Ch
a. Motion for New Trial on the ground of FAME
an
Ro
b l es
r
Ba
Ch es
- supported by affidavits of merits an
Ro
bl
Ba
r
Ch s
le
b. Motion for New Trial on the ground of Newly an
Ro
b
Ba
r
Ch es
Discovered Evidence an
Ro
bl
Ba
r
Ch es
- supported by affidavits of witnesses by whom b l
Ro
an
Ch
such evidence is expected to be given or
- by duly authenticated documents which are
proposed to be introduced in evidence

Reconsideration
r
Ba
c. Motion for Reconsideration Ro
bl
es
an Ba
r
Ch
- shall point out specifically the findings or
an
Ro
b l es
r
Ba
conclusions of the judgment or final order which
Ch
Ro
bl
es
an r
are not supported by evidence or which are

Ch
Ro
b le
s
Ba
contrary to law,
an Ba
r
Ch es
bl
Ro
an r
- making express reference to the Ch

Ro
b les
Ba
testimony/documentary evidence/provisions of law Ch

an
alleged to be contrary to such findings or

conclusions

Reconsideration
r
Ba
Motion for New Trial Ro
bl
es
an Ba
r
Ch
A new trial is a remedy that seeks to temper
an
Ro
b les
r
Ba
the severity of a judgment or prevent a failure of
Ch
Ro
bl
es
an r
justice. The grant of a new trial is, generally

Ch
Ro
b le
s
Ba
speaking, addressed to the sound discretion of the

an Ba
r
Ch es
bl
Ro
court which cannot be interfered with unless a an r
Ba
Ch es
bl
Ro
clear abuse thereof is shown. Ch
an
[Ybiernas v. Tanco-Gabaldon, 650 SCRA 154 (2011)]

Reconsideration
r
Ba
Requisites for newly discovered evidence are:
Ro
bl
es
an Ba
r
a. the evidence was discovered after trial;

Ch
Ro
b l es
an Ba
r
b. such evidence could not have been discovered and

Ch
Ro
bl
es
an r
produced at the trial with reasonable diligence; and
Ch
b le
s
Ba
Ro
an r
c. it is material, not merely cumulative, corroborativeCh
bl
es
Ba
Ro
or impeaching, and is such weight that, if admitted, Ch
an
b les
Ba
r
will probably change the judgment. Ch

an
Ro
[Chua v. People, 762 SCRA 523 (2015)]

Reconsideration
r
Ba
Pro forma motion – does not toll the

an
Ro
bl
es
Ba
r
Ch
reglementary period of appeal an
Ro
b les
Ba
r
Ch es
A pro forma motion is one which does

bl
Ro
an Ba
r
Ch e s
not satisfy the requirements of the rules and o bl

R
an Ba
r
Ch es
l
will be treated as a motion intended to delay

b
Ro
an Ba
r
Ch es
bl
the proceedings. Ch
an
Ro
[Marikina Development Corporation v. Flojo, 251

SCRA 87, 93(1995)]

Reconsideration
r
Ba
Court Action may: Ro
bl
es
an Ba
r
Ch
a. Grant a New Trial an
Ro
b les
r
Ba
Ch es
b. Deny the motion an
Ro
bl
Ba
r
Ch s
le
c. Court may amend judgment or Final Oder an
Ro
b
Ba
r
Ch es
(excessive damages, contrary to evidence/law) an
Ro
bl
Ba
r
Ch es
Resolution of motion – Motion for NewTrial / MR an
Ro
bl
Ch
shall be resolved within 30 days from the time it is
submitted for resolution

Reconsideration
r
Ba
Second Motion for New Trial

an
Ro
bl
es
Ba
r
Ch es
- allowed b l
Ro
an Ba
r
Ch es
bl
- based on ground not existing nor available

Ch
an
Ro
b le
s
Ba
r
when first motion was made

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Second Motion for Reconsideration Ch
- not allowed

Reconsideration
r
Ba
A second motion for reconsideration is

an
Ro
bl
es
Ba
r
Ch
prohibited and can only be allowed onan
Ro
b les
Ba
r
Ch
extraordinarily persuasive reasons and only
es
bl
Ro
an Ba
r
Ch
after an express leave shall have first been

s
b le
Ro
an Ba
r
Ch
obtained.
es
bl
Ro
an Ba
r
Ch es
[Roasters Philippines, Inc. v. Gaviola, 768 SCRA

bl
Ro
an
Ch
709 (2015)]

Reconsideration
r
Ba
Effect of granting a motion for reconsideration
Ro
bl
es
an Ba
r
Ch
Rule 37, Section 3 specifies the effect of
an
Ro
b les
r
Ba
granting a motion for consideration: “If the court
Ch
Ro
bl
es
an r
finds that excessive damages have been awarded

Ch
Ro
b le
s
Ba
or that the judgment or final order is contrary to

an Ba
r
Ch es
bl
Ro
the evidence or law, it may amend such judgment an r
Ba
Ch es
bl
Ro
or final order accordingly. Ch
an
[City of Taguig v. City of Makati, 793 SCRA 527 (2016)]

Reconsideration
r
Ba
Effect of granting a motion for new trial
Ro
bl
es
an Ba
r
a. original order / judgment is vacated

Ch
Ro
b l es
an Ba
r
b. action shall stand trial de novo

Ch
Ro
bl
es
an Ba
r
c. recorded evidence in the former trial shall be used

Ch
Ro
b le
s
an r
at the new trial without need to retake them. Ch
bl
es
Ba
Ro
an r
Remedy: Ch
b les
Ba
Ro
an
- order denying a Motion for New Trial or MR is not Ch
appealable
- remedy is appeal from the judgment or final order
Rule 38: Relief from Judgments,

Orders or Other Proceedings
r
Grounds: Ro
bl
es
Ba
an Ba
r
- Judgment/Final Order/Proceeding is taken

Ch
Ro
b l es
an r
through FAME( Fraud, Accident, Mistake, or

Ch
Ro
bl
es
Ba
Excusable Negligence) an r
Ba
Ch s
b le
Ro
an r
Excusable negligence as a ground for a petition for Ch
Ro
bl
es
Ba
relief requires that the negligence be so gross that an r

Ba
Ch es
b l
Ro
ordinary diligence and prudence could not have Ch
an
guarded against it.

r
Ba
When fraud is the ground, the fraud must

an
Ro
bl
es
Ba
r
Ch
be extrinsic or collateral. The extrinsic or
an
Ro
b l es
Ba
r
Ch
collateral fraud that invalidates a final
es
bl
Ro
an Ba
r
Ch
judgment must be such that it prevented

s
b le
Ro
an Ba
r
Ch
the unsuccessful party from fully and fairly

es
bl
Ro
an Ba
r
Ch es
presenting his case or defense and the b l
Ro
an
Ch
losing party from having an adversarial trial

of the issue.

r
Ba
Mistake as used in Rule Ro
bl38 means mistake of fact and not
es
mistake of law. an r
Ba
Ch e s
o bl
R
[City of Dagupan v. Maramba,
C h
an
le
s
B728
ar
SCRA 520 (2014)]
b
Ro
an Ba
r
Ch s
b le
Ro
How: Verified petition Ch
an
es
Ba
r
bl
Ro
an Ba
r
Ch es
l
Where:
b
Ro
an
C h
In the same case

In the same court where judgment/final order was entered
or such proceeding was taken

r
Ba
Time for filing: an

Ro
bl
es
Ba
r
Ch es
- Within 60 days after petitioner learns of

b l
Ro
an Ba
r
Ch es
judgment/final order/proceeding
bl
Ro
an Ba
r
Ch s
b le
- But not more than 6 months after such

Ro
an Ba
r
Ch es
bl
judgment /final order was entered, or such

Ro
an Ba
r
Ch es
bl
Ro
proceeding was taken Ch
an

r
Ba
The double period required under Section 3, Rule
Ro
bl
es
an Ba
r
38 is jurisdictional and should be strictly complied

Ch
Ro
b l es
an r
with. A petition for relief from judgment filed
Ch
Ro
bl
es
Ba
beyond the reglementary period is dismissed an r

Ba
Ch s
b le
Ro
outright. This is because a petition for relief from Ch
an
bl
es
Ba
r
judgment is an exception to the public policy of Ch

an
Ro
les
Ba
r
immutability of final judgments.

b
Ro
an
Ch
[Madarang v. Spouses Morales, 725 SCRA 480 (2014)]

r
Ba
Court Action Ro
bl
es
an Ba
r
Ch
Order requiring the adverse parties to
an
Ro
b l es
r
Ba
ANSWER within 15 days Ch
Ro
bl
es
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
Preliminary Injunction pending proceeding an
Ro
bl
Ba
r
Ch es
- For preservation of the rights of the parties b l
Ro
an
Ch
- petitioner files a bond in favor of adverse party

r
Ba
Procedure: Ro
bl
es
an Ba
r
1. filing of a verified petition

Ch
o bl
e s
R
an r
2. Court will ORDER-requiringC h
o bl
e adverse party to ANSWER
s
Ba
within 15 days, and

R
an Ba
r
h
C es
o bl
if warranted, WRIT of INJUCTION Ch

an
R
may
e s
Ba
r
be issued
bl
3. Adverse party answers (but Che h
an cannot
Ro
s
Ba
r be declared in
e
default, if he fails) an
R o bl
Ch
4. Court hears the petition
5. Court may dismiss the petition or grant the relief

r
Ba
When the court grants the relief Ro
bl
es
an Ba
r
- Court will set aside the assailed judgment/final

Ch
Ro
b l es
an r
order/proceeding and Ch
bl
es
Ba
Ro
an r
- Court shall then proceed to hear and determine the
Ch
b le
s
Ba
Ro
case Ch
an
bl
es
Ba
r
Ro
When denial of appeal is set aside Ch
an
b les
Ba
r
Ro
- lower court shall be required to give due course to Ch
an
the appeal and to elevate the record of the appealed

case
Rule 39: Execution, Satisfaction

and Effect of Judgments
r
Ba
Execution is fittingly called the fruit and end of suit
Ro
bl
es
an r
and the life of the law. Ch
b l es
Ba
Ro
an r
[DENR v. UPCI, 751 SCRA 389 (2015)]
Ch
bl
es
Ba
Ro
an r
Execution shall issue as a matter of right Ch
b le
s
Ba
Ro
an r
a. on motion Ch
bl
es
Ba
Ro
an r
b. upon a judgment or order that disposes of the Ch
b les
Ba
Ro
action or proceeding AND Ch
an
c. upon expiration of the period to appeal therefrom

and NO appeal has been duly perfected.

r
Ba
It is settled that there are recognized

an
Ro
bl
es
Ba
r
Ch
exceptions to the execution as a matter of
an
Ro
b l es
Ba
r
Ch
right of a final and immutable judgment,
es
bl
Ro
an Ba
r
Ch
and one of which is a supervening event.

s
b le
Ro
an Ba
r
Ch es
[Lomondot v. Balindong, 762 SCRA 494 (2015)] Ch

an
Ro
bl
Ba
r
les
b
Ro
an
Ch

r
Ba
When appeal has beenRobperfectedl es
and finally resolved
an Ba
r
File in court of origin

Ch
o bl
e s
R
an r
On motion C h
o bl
e s
Ba
R
Submitting certified true copies an
of judgment/order sought
r
h Ba
C es
o bl
to be enforced and entry ChanR e s

Ba
r
bl
Notice to adverse party C h
an
R o
s
Ba
r
e
bl
Appellate court may direct the court an of origin to issue the
R o
Ch
writ of execution
- on motion in the same case when the interest of justice
so requires

r
Ba
Discretionary Execution Ro
bl
es
an Ba
r
a. Execution of judgment oor

Ch
bl
e final order pending appeal
s
R
an r
- on motion, C h
o bl
e s
Ba
R
- notice to adverse party C an r
h Ba
es
o bl
R
- file in trial court while it has Ch jurisdiction
an
le
s
Ba
r
over the case and
b
is in possession of either the original Ch
an
Ro
record
s
Ba
r or the record
e
on appeal (residual jurisdiction) anRobl
Ch
- file in appellate court if trial court has lost jurisdiction
b. Execution of several, separate or partial judgments

r
Ba
The general rule is that only judgments
bl
es which have become final and
Ro
executory may be executed. an However, Ba
r discretionary execution of appealed
Ch e s
judgments may be allowed under R o bl Section 2 (a) of Rule 39 of the Revised
an r
Rules of Civil Procedure uponC concurrence
h
le
s
Ba of the following requisites: (a)
b
there must be a motion by the prevailing an
Ro party
ar
with notice to the adverse
h B
party; (b) there must be a goodC reasonobfor le
s
execution pending appeal; and
R
(c) the good reason must be statedChin an a special
s
Ba order. The yardstick
r
e
remains the presence or the absenceRoof bl good reasons consisting
an r
of exceptional circumstances of such Ch urgency le
s
Ba
as to outweigh the
b
injury or damage that the losing party amay n
Ro suffer, should the
h
appealed judgment be reversed later.C Since the execution of a
judgment pending appeal is an exception to the general rule, the
existence of good reasons is essential. (Abenion vs. Pilipinas Shell
Petroleum Corp., 816 SCRA 549 (2017))

r
Ba
It is true that there are instances in which

an
Ro
bl
es
Ba
r
Ch
the Supreme Court (SC) allowed execution
an
Ro
b les
Ba
r
Ch
by motion even after the lapse of (5) years
es
bl
Ro
an Ba
r
Ch
upon meritorious grounds.

s
b le
Ro
an Ba
r
Ch es
[Ilaw Bulkod ng Manggagawa (IBM) v. Nestle Ch

an
Ro
bl
Ba
r
es
Philippines, Inc., 771 SCRA 397 (2017)] an
Ro
bl
Ch
Discretionary execution is strictly construed

r
Ba
The execution of judgment pending appeal

an
Ro
bl
es
Ba
r
Ch
is an exception to the general rule and
an
Ro
b l es
Ba
r
Ch
must, therefore, be strictly construed. So,
es
bl
Ro
an Ba
r
Ch
too, it is not to be availed of and applied

s
b le
Ro
an Ba
r
Ch
routinely, but only in extraordinary

es
bl
Ro
an Ba
r
Ch es
circumstances. b l
Ro
an
Ch

r
Ba
This rule is strictly construed against the movant, for
Ro
bl
es
an r
courts look with disfavor upon any attempt to execute
Ch
b l es
Ba
Ro
a judgment which has not acquired a final character.
Ch
an
bl
es
Ba
r
In the same vein, the Court has held that such

Ch
an
Ro
s
Ba
r
le
execution is “usually not favored because it affects the
b
Ro
an Ba
r
Ch es
rights of the parties which are ret to be ascertained on an
Ro
bl
r
Ba
appeal.” Ch
Ro
b les
an
[National Power Corp. v. Heirs of Antonina Rabie, 801 Ch
SCRA 73 (2016)]

r
Ba
Stay of discretionary execution

an
Ro
bl
es
Ba
r
Ch es
- upon approval by the proper court b l

Ro
an Ba
r
Ch es
bl
- filing of a supersedeas bond Ch

an
Ro
b le
s
Ba
r
Ro
- by the party against whom execution is an r

Ba
Ch es
bl
Ro
directed
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Judgments not stayed by appeal: Ro
bl
es
an Ba
r
Ch
a. Injunction an
Ro
b l es
r
Ba
Ch es
b. Receivership an
Ro
bl
Ba
r
Ch s
le
c. Accounting an
Ro
b
Ba
r
Ch es
bl
d. Support Ch
an
Ro
Ba
r
les
e. Such other judgments declared to be

b
Ro
an
Ch
immediately executory unless otherwise ordered

by the trial court.

r
Ba
Effect of reversal of executed
Ro
bl
es
judgment
an Ba
r
- on motion, trial court may

Ch
o bl issue orders of restitution or
e s
R
reparation of damagesC h
an
e s
Ba
r
o bl
Mode of Execution
R
an Ba
r
h
C es
o bl
a. By motion within 5 years Cfrom h

an
R
date e s
Ba
r
of its entry
bl
b. By independent action after C5hanyearss Bfrom Ro
ar entry AND
e
before it is barred by statute of limitations an
Ro
bl
C h
*A revived judgment is a new judgment thus another 5/10-

year period to execute and revive is given the party.

r
Ba
Action to revive judgment Ro
bl
es
an Ba
r
If the prevailing party fails to have the decision

Ch
Ro
b l es
an r
enforced by a mere motion after the lapse of five (5)
Ch
bl
es
Ba
Ro
years from the date of its entry (or from the date it
Ch
an
b le
s
Ba
r
becomes final and executory), the said judgment is Ch

an
Ro
es
Ba
r
bl
reduced to a mere right of action in favor of the an
Ro
Ba
r
Ch es
person whom it favors and must be enforced, as are an
Ro
b l
all ordinary actions, by the institution of a complaint in Ch
a regular form. [Ikaw Buklod ng Manngawa (IBM) v.

Nestle Philippines, Inc., 771 SCRA 397(2017)]

r
Ba
Revival of judgment is a new action

an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
An action to revive a judgment is an action

Ch
an
Ro
b le
s
Ba
r
whose exclusive purpose is to enforce a

Ro
an Ba
r
Ch es
bl
judgment which could no longer be enforced

Ro
an Ba
r
Ch es
bl
Ro
by mere motion. Ch
an

r
Ba
Further, a revival suit is Ro
bla new action, having for its cause
es
of action the judgment an

sought to be revived. It is different
r
Ba
Ch s
b le
Ro
and distinct from the original
Ch
an judgment
e s
Ba
r
sought to be
bl
revived or enforced. It is aannew Ro and B ar
independent action,
Ch
wherein the cause of action isnRthe decision itself and not
s
le
ob
r
the merits of the action upon Ch which s the judgment sought
a Ba
e
bl
Ro
to be enforced is rendered. Revival Ch
an oflesjudgment
Ba
r
is
premised on the assumption that the Ro decision to be
b
a n
Ch
revived, either by motion or by independent action, is
already final and executory.

r
Ba
As an action for revival of judgment is a new
Ro
bl
es
an Ba
r
action with a new cause of action, the rules on

Ch
Ro
b les
an r
instituting and commencing actions apply,
Ch
Ro
bl
es
Ba
including the rules on jurisdiction. Its jurisdictional

an r
Ba
Ch s
b le
Ro
requirements are not dependent on the previous Ch
an
bl
es
Ba
r
action and the petition does not necessarily have Ch

an
Ro
es
Ba
r
bl
to be filed in the same court which rendered Ch
an
Ro
judgment.
[People vs. Chavez, 849 SCRA 139 (2017)]

r
Ba
Execution in case of death of party
Ro
bl
es
an Ba
r
Ch
a. Death of judgment obligee an
Ro
b l es
r
Ba
Ch es
- upon application of his an
Ro
bl
Ba
r
Ch
executor/administrator/successor in interest
s
b le
Ro
an Ba
r
Ch es
b. Death of judgment obligor an
Ro
bl
Ba
r
Ch es
- against his executor/administrator/successor in b l
Ro
an
Ch
interest
- if judgment be for recovery of real or personal
property, or the enforcement of lien

r
Ba
c. Death of judgment obligor after levy on

an
Ro
bl
es
Ba
r
Ch
his property an
Ro
b les
Ba
r
Ch es
- property may be sold for satisfaction of the

bl
Ro
an Ba
r
Ch s
le
judgment obligation
b
Ro
an Ba
r
Ch es
bl
- surplus from sale shall be accounted to the

Ro
an Ba
r
Ch es
bl
Ro
executor or administrator Ch
an

r
Ba
Writ of execution: Ro
bl
es
an Ba
r
Ch
a. Shall issue in the name of the Republic of the
an
Ro
b l es
r
Ba
Phils from court which granted the motion
Ch
Ro
bl
es
an Ba
r
Ch
b. State the name of the court, case number and
s
b le
Ro
an Ba
r
title, dispositive portion of the judgment order Ch

Ro
bl
es
an Ba
r
Ch
c. Require the sheriff or other proper officer to an
Ro
b les
whom it is directed to enforce the writ according Ch
to its terms

r
Ba
Quashal of writ of section
Ro
bl
es
an Ba
r
Ch es
b l
Ro
an r
Neither may the parties object o bl
Ch to the execution by raising
es
Ba
new issues of fact or law.ChThe only Ba exceptions thereto are

R
an r
es
bl
when: an
R o
Ba
r
Ch e s
bl
"(i) the writ of execution varies athe n
R o
judgment; Ba
r
C h s
e
(ii) there has been a change in theansituation R o bl
of the parties
making execution inequitable or unjust; Ch
(iii) execution is sought to be enforced against property

exempt from execution;

r
(iv) it appears that the controversy has been
bl
es
Ba
Ro
submitted to the judgment of the court;
Ch
an
b l es
Ba
r
Ro
(v) the terms of the judgment are not clear enough
Ch
an
bl
es
Ba
r
and there remains room for interpretation thereof; or

Ch
an
Ro
s
Ba
r
b le
(vi) it appears that the writ of execution has been Ch

an
Ro
es
Ba
r
bl
improvidently issued, or that it is defective in an
Ro
Ba
r
Ch es
substance, or issued against the wrong party, or that an
Ro
b l
the judgment debt has been paid or otherwise Ch
satisfied, or the writ was issued without authority.”

[Salazar vs. Felias, G.R. No. 213972, 5 February 2018)]

r
Ba
Manner of executing writ: Ro
bl
es
an Ba
r
a. If judgment against property

Ch
o bl
e s
of the judgment obligor –
R
out of real or personal Cproperty
h
an
e s
Ba with interest
r
o bl
b. If against his real or personal property in the hands of

R
an Ba
r
h
C
l es
the personal representatives,hanheirs, Bdevisees, R ob

ar legatees,
C s
tenants, or trustees of the judgment obligor – out of that
e
o bl
R
an a r
property, with interest Ch

b l es
B
Ro
n
c. If for sale of real or personal property – to sell property,
a
C h
describing it and apply the proceeds in conformity with

judgment.

r
Ba
d. If for delivery of possession
Ro
bl
es
of property – deliver
possession of the same an
to blthe party entitled to it,
r
Ba
Ch e s
Ro
describing it, and to satisfyCh
an any e s
Ba costs, damages, rents, or
r
bl
profits covered by the judgment an
R o
out
B ar
of the personal
Ch
property of the person againstnRowhom bl
es
r
it was rendered, and
out of real property if sufficient personal property cannot
a Ba
Ch e s
o bl
be found.
R
an Ba
r
C h s
e
o bl
e. In all cases, writ of execution shall Ch

an
R
specifically state the
amount of the interest, costs, damages, rents, or profits
due as of date of issuance of writ, aside from principal
obligation.

r
Ba
Execution of judgments Ro
bl
es
for money, how enforced
an Ba
r
A. Immediate payment onobldemand

Ch e s
R
an r
- officer demands from judgment
C h
o bl
e s
Ba
obligor immediate
payment of the full amount
R
an Ba
r
h
C es
o bl
a. Judgment obligee is present Ch

an
R
e s
Ba
r
bl
1. judgment obligor shall pay inChancash, R o
s
certified
Ba
r bank check
e
payable to obligee, or any other form an
Ro acceptable to the
bl
obligee C h
2. for the collected legal fees, the executing sheriff shall

turnover the amount to the clerk of court

r
Ba
b. Judgment obligee/authorized representative is
Ro
bl
es
an Ba
r
not present to receive payment,

Ch
Ro
b les
an Ba
r
1. Judgment Obligor shall deliver payment to

Ch
Ro
bl
es
an r
executing sheriff Ch
Ro
b le
s
Ba
an Ba
r
2. Executing sheriff shall turn over all the amounts Ch

Ro
bl
es
an r
within the same day to clerk of court, if not Ch

Ro
bl
es
Ba
practicable deposit it to fiduciary account in the Ch

an
nearest government depository bank of the RTC

r
Ba
3. Clerk of court arranges remittance of

an
Ro
bl
es
Ba
r
Ch
deposit to the account of court an
Ro
b l es
Ba
r
Ch es
4. Clerk of court delivers payment to the

bl
Ro
an Ba
r
Ch s
le
obligee
b
Ro
an Ba
r
Ch es
bl
5. If there is excess, deliver to judgment

Ro
an Ba
r
Ch es
b l
Ro
obligor. Ch
an

r
Ba
B. Satisfaction by levy Robl es
an Ba
r
- when judgment obligor cannot

Ch
o bl
e s
pay all or part of the
R
obligation in cash, certified
Ch
an
bank le
s
Ba
r
check or other mode of
b
payment acceptable to the Ch
anobligeBar
Ro
es
bl
Levy by the sheriff may be done an
R o
only Ba
r if the judgment
Ch s
obligor cannot pay all or part of nthe obligation in cash,
e
o bl
R
a a r
certified bank check or throughCh otheroblemodes s

B
acceptable to
R
prevailing party. If payment can be C h
an
done, a levy is
unnecessary.
[Villarin v. Munasque, 568 SCRA 483, 497 (2008)]

r
Ba
C. Procedure: an
Ro
bl
es
Ba
r
Ch es
1. Officer shall levy upon the properties of

b l
Ro
an Ba
r
Ch es
judgment obligor not exempt from

bl
Ro
an Ba
r
Ch s
le
execution
b
Ro
an Ba
r
Ch es
bl
2. Judgment obligor has the option to

Ro
an Ba
r
Ch es
b l
Ro
choose which property or part thereof may Ch
an
be levied upon

r
Ba
3. If judgment obligor does not exercise the
Ro
bl
es
an Ba
r
option, the officer shallCh

Ro
b l es
an Ba
r
- first levy on personal properties

Ch
Ro
bl
es
an Ba
r
Ch
- then on real properties, if personal properties are
s
b le
Ro
an Ba
r
insufficient Ch
Ro
bl
es
an Ba
r
Ch
4. Sheriff shall sell the properties an
Ro
b les
Ch
5. Sheriff to sell only a sufficient portion to satisfy
the judgment and lawful fees

r
Ba
D. Garnishment Ro
bl
es
an Ba
r
- Officer may levy on debts

Ch
o bl due to the judgment obligor
e s
R
and other credits including:
C h
an
e s
Ba
r
o bl
Bank deposits
R
an Ba
r
h
C es
o bl
Financial Interests Ch
an
R
e s
Ba
r
bl
Royalties C h
an
R o
s
Ba
r
e
bl
Commissions and an
R o
Ch
Other personal property not capable of manual delivery

*in possession/control of third parties.

r
Ba
E. Procedure: Ro
bl
es
an Ba
r
Ch
1. Notice upon person owing such debts or having
an
Ro
b les
r
Ba
in possession or control such credits which
Ch
Ro
bl
es
an r
judgment obligor is entitled Ch

Ro
b le
s
Ba
an Ba
r
2. Garnishment shall cover only such amount as Ch

Ro
bl
es
an r
will satisfy the judgment and lawful fees Ch

Ro
bl
es
Ba
an
3. Garnishee written report to court within 5 days Ch
whether or not judgment obligor has sufficient

funds or credits to satisfy judgment

r
Ba
3. Garnished amount shall Ro
bl be delivered directly to
es
judgment obligee within an

10 days
r
Ba
Ch e s
o bl
R
Exception: the lawful fees C h
an
shall e s
Ba be paid directly to court
r
o bl
4. if there are 2 or more garnishees holding deposits or

R
an Ba
r
h
C
l es
credits an
R ob
Ba
r
Ch e s
bl
- judgment obligor has the rightanto R o
indicate Ba
r the garnishee
h
or garnishee/s who shall be required to deliver the amount;
C s
b le
Ro
a n
- otherwise, the choice shall be made by judgment oblige Ch

r
Ba
Execution of judgments for specific act
Ro
bl
es
an Ba
r
A. Conveyance, delivery of deeds, or other specific

Ch
Ro
b l es
an r
acts; vesting title Ch
bl
es
Ba
Ro
an r
1. Judgment directs a party Ch
b le
s
Ba
Ro
an r
a. execute conveyance of land or personal property Ch
bl
es
Ba
Ro
an r
b, to deliver deeds or other documents Ch
b les
Ba
Ro
an
c. to perform any other specific act in connection Ch
therewith

r
Ba
2. Party fails to comply Ro
bl
es
an Ba
r
Ch
3. Court may direct the act to be done by some
an
Ro
b l es
r
Ba
other person appointed by the court, at the cost of
Ch
Ro
bl
es
an r
the disobedient party Ch

Ro
b le
s
Ba
an Ba
r
4. If real or personal property is situated within Ch

Ro
bl
es
an r
the Philippines, instead of conveyance, the court Ch

Ro
b les
Ba
by an order divest the title of any party and vest it Ch

an
in others

r
Ba
B. Sale of real or personal property

an
Ro
bl
es
Ba
r
Ch es
- to sell such property, describing it, and

b l
Ro
an Ba
r
Ch es
apply the proceeds in conformity with the

bl
Ro
an Ba
r
Ch s
le
judgment
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
C. Delivery or restitution of real property
Ro
bl
es
an Ba
r
Ch
- officer shall demand to vacate within 3 days
an
Ro
b les
r
Ba
Ch es
- restore possession to judgment obligee an
Ro
bl
Ba
r
Ch s
le
- otherwise, officer shall oust all persons therefrom an
Ro
b
Ba
r
Ch es
bl
with assistance, if necessary, of appropriate peace Ch
an
Ro
Ba
r
es
officers, and an
Ro
bl
Ch
employing reasonable means necessary to retake

possession

r
Ba
D. Removal of improvements on property subject
Ro
bl
es
an Ba
r
of execution Ch
Ro
b l es
an Ba
r
- officer shall not destroy, demolish of remove

Ch
Ro
bl
es
an Ba
r
Ch
Except upon special order of court
s
b le
Ro
an Ba
r
Ch es
E. Delivery of personal property an
Ro
bl
Ba
r
Ch es
- officer shall take possession of the personal b l
Ro
an
Ch
property and deliver it to the party entitled thereto

r
Ba
Execution of Special Judgments Ro
bl
es
an Ba
r
Ch
When a judgment requires the performance of any
an
Ro
b l es
r
Ba
act other than those mentioned in execution of
Ch
Ro
bl
es
an r
judgment for money and specific acts, Ch

Ro
b le
s
Ba
an Ba
r
- a certified copy of the judgment shall be Ch

Ro
bl
es
an r
attached to the writ of execution Ch

Ro
b les
Ba
an
- it shall be served by the officer Ch
- party/person who disobeys the judgment may be

punished for contempt

r
Ba
Effect of levy on executionRo
bl
es
as to third persons
an Ba
r
Create a lien in favor of judgment

Ch
o bl
e s
oblige subject to liens
R
and encumbrances then Ch existing
an
le
s
Ba
r
b
Ro
an Ba
r
Ch s
ble
Ro
Property exempt from execution
Ch
an
e s
Ba
r
bl
a. Family home as provided byChlaw,
an
R o
homestead
s
Ba
r in which he
e
resides, and land necessarily used ain n
Ro connection therewith;
bl
C h
b. Tools and implements used in trade, employment, or

livelihood;

r
Ba
c. 3 horses/cows/carabaos/ other beasts of burden
Ro
bl
es
an Ba
r
used in his ordinary occupation;

Ch
Ro
b l es
an Ba
r
d. Necessary clothing and articles for ordinary

Ch
Ro
bl
es
an r
personal use, excluding jewelry; Ch

Ro
b le
s
Ba
an Ba
r
e. Household furniture and utensils necessary for Ch

Ro
bl
es
an r
housekeeping not exceeding P100,000; Ch

Ro
b les
Ba
an
f. Provisions for individual or family use sufficient Ch
for 4 months

r
Ba
g. Professional libraries and equipment of judges,
Ro
bl
es
an Ba
r
lawyers, physicians, etc. not exceeding P300,000;

Ch
Ro
b les
an Ba
r
h. One fishing boat and accessories not more than

Ch
Ro
bl
es
an r
P100,000 owned by a fisherman and by which he

Ch
Ro
b le
s
Ba
earns his living;

an Ba
r
Ch es
bl
Ro
an r
i. Salaries, wages, or earnings for personal Ch

Ro
bl
es
Ba
services within the 4 months preceding the levy Ch

an
which are necessary for the support of the family;

r
Ba
j. Lettered gravestones; Ro
bl
es
an Ba
r
k. Money, benefits, annuities

Ch
o bl
e s
accruing or in any manner
R
growing out of any lifeChinsurance;
an
e s
Ba
r
o bl
l. Right to receive legal support or Ba any pension or gratuity

R
an r
h
C es
bl
from the government; an
R o
Ba
r
Ch e s
bl
m. Properties specially exempted an
R by law.
o
Ba
r
Ch es
l
R ob
an
Ch
*Exemption does not apply if execution is upon a judgment
for its purchase price or for foreclosure of mortgage.

r
Ba
Return of Writ of ExecutionRo
bl
es
an Ba
r
- Return of Writ of Execution

Ch
o bl
e s
to the court after judgment
R
has been satisfied in part Ch
an
or full e s
Ba
r
o bl
- Judgment not satisfied in anfull within 30days, officer shall

R
r
h Ba
C
l es
report to the court and statehathe n

R ob
reason Ba
r
C e s
bl
- Writ shall continue in effect during an
R o
the Ba
r period within
h
which the judgment may be enforced by motion.
C s
b le
Ro
a n
- Officer shall make a report to the court every 30 days Ch
until judgment is satisfied in full, or its effectivity expires

r
Ba
Notice of Sale of Property Ro
bl on Execution
es
an Ba
r
Form: Written Notice Ch

o bl
e s
R
an r
Content: place, date and exact
C h
o bl
e s
Ba
time of sale which must
between 9:00AM to 2:00PM
R
an Ba
r
C h s
le
b
Ro
an Ba
r
Ch es
bl
Place of Posting: Ch
an
s
Ba
r
Ro
e
bl
a. Perishable property – 3 public places
h
an
R o
(Municipal/City hall,
C
post office and public market); for such time as may be
reasonable, considering the character and condition of the
property

r
Ba
b. Personal property – 3 public places; 5 days
Ro
bl
es
an Ba
r
Ch
c. Real property -3 places; 20 days an
Ro
b les
r
Ba
Ch es
- if assessed value > ₱50,000, publication once a
an
Ro
bl
Ba
r
Ch
week for 2 consecutive weeks in one newspaper
s
b le
Ro
an Ba
r
selected by raffle Ch
Ro
bl
es
an Ba
r
Ch
d. In all cases, written notice of sale shall be given an
Ro
bl
es
to the judgment obligor 3 days before the sale Ch

r
Ba
Place of Sale: may be agreed upon by the parties
Ro
bl
es
an Ba
r
Absence of such agreementCh

Ro
b l es
an Ba
r
a. Sale of Real and Personal Property not capable of

Ch
Ro
bl
es
an r
manual delivery Ch
b le
s
Ba
Ro
an r
- in the office of clerk of court of the trial court that
Ch
bl
es
Ba
Ro
issued the Writ or designated by appellate court Ch
an
b les
Ba
r
Ro
b. Sale of Personal Property capable of manual deliver, Ch
an
- in the place where property is located

r
Ba
Third party claims Ro
bl
es
an Ba
r
Third person makes an affidavit

Ch
o bl
e s
of his title/right to
R
possession Ch
an
e s
Ba
r
o bl
Serves it to the officer making the Ba levy

R
an r
h
C es
o bl
Officer shall not be bound toChakeep n

R
the
e s
Ba
r
property
bl
Exception: judgment obligee, on Ch
an demand
Ro
s
Ba
r of the officer,
e
files a bond approved by court an
Ro
bl
C h
- Amount of bond not less than value of property

Exception to the exception: Writ of Execution in favor of
the Republic of the Philippines, bond is not required

r
Ba
Under Section 16, Rule 39,an

Ro
bl
es
Ba
r
Ch es
a.) a third-party claimant may execute an b l

Ro
an Ba
r
Ch es
affidavit of his title or right to the possession

bl
Ro
an Ba
r
Ch s
le
of the property levied, and serve the same

b
Ro
an Ba
r
Ch es
bl
to the officer making the levy and a copy Ch
an
Ro
es
Ba
r
bl
thereof to the judgment creditor. This Ch

an
Ro
remedy is known as terceria;

r
Ba
b.) a third party may file a proper action to vindicate
Ro
bl
es
an r
his claim to the levied property. The proper action
Ch
b les
Ba
Ro
would have for its object recovery of ownership or
Ch
an
bl
es
Ba
r
possession of property seized by the sheriff, as well as

Ch
an
Ro
s
Ba
r
le
the damages resulting from the wrongful seizure and
b
Ro
an Ba
r
Ch es
detention of the property seized by the sheriff, as well an
Ro
bl
r
Ba
as damages arising from wrongful seizure and Ch
Ro
bl
es
an
detention of the property despite the third-party claim. Ch
(PSALM v. Maunlad Homes, Inc., 817 SCRA 278 (2017)

r
Ba
Penalty for selling without notice, or removing
Ro
bl
es
an Ba
r
defacing notice Ch
Ro
b les
an Ba
r
Without notice – officer liable to pay punitive

Ch
Ro
bl
es
an r
damages for ₱5,000 + actual damages Ch

Ro
b le
s
Ba
an Ba
r
Person willfully removing or defacing notice posted Ch

Ro
bl
es
an Ba
r
Ch
=Done before the sale or before satisfaction of the an
Ro
bl
es
judgment Ch
- Liable to pay ₱5,000 + actual damages

r
Ba
Preventing the sale an

Ro
bl
es
Ba
r
Ch es
- judgment obligor pays the amount b l

Ro
an Ba
r
Ch es
required by execution and costs that have

bl
Ro
an Ba
r
Ch s
le
been incurred
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
How property is sold on executionRo
bl
es
an Ba
r
Public Auction Ch
Ro
b l es
an Ba
r
To the highest bidder Ch

Ro
bl
es
an Ba
r
Only until sufficient property has been sold to satisfy

Ch
Ro
b le
s
an r
execution Ch
bl
es
Ba
Ro
an r
Excess property or proceeds of the sale shall be Ch
b les
Ba
Ro
delivered to judgment obligor Ch
an
Sale is of real property, consisting of several known

lots, or when portion is claimed by third persons

r
Ba
- must be sold separately Ro
bl
es
an Ba
r
Ch
Sale of personal property capable of manual
an
Ro
b l es
r
Ba
delivery Ch
Ro
bl
es
an Ba
r
Ch
- must be sold within view of those attending
s
b le
Ro
an Ba
r
Ch es
- in such parcels as are likely to bring highest price an
Ro
bl
Ba
r
Ch es
Judgment obligor may direct the order in which b l
Ro
an
Ch
property shall be sold
Officer and his deputies – cannot become a
purchaser

r
Ba
Refusal of purchaser toRoblpay es
an Ba
r
Officer may sell again theobproperty

Ch
le
s
to the highest bidder
R
an r
Court may order refusing purchaser
C h
o bl
e s
Ba
to pay any loss
occasioned by reselling the an property
R
r
h Ba
C s
le b
Ro
an Ba
r
Ch es
bl
Obligee as purchaser Ch
an
s
Ba
r
Ro
e
bl
If bid amount > judgment amount, an then obligee need not
Ro
Ch
pay the amount of bid
If bid amount < judgment amount, obligee shall pay only
the excess

r
Ba
Certificate of Sale; PersonalRo
bl
es
Property
an Ba
r
- Issued by the officer oble

Ch s
R
an r
- In sale personal property, capable
C h
o bl
e s
Ba
of manual delivery, the
certificate of sale is only issued upon the desire of the
R
an Ba
r
h
C
l es
purchaser. The SALE conveyshanto theBapurchaser R ob

r all the
C s
rights belonging to the judgmentnRoobligor in such property
e
bl
a a r
B
Ch
- In sale of personal property, not capable n
Ro
b l es
of manual
delivery, the officer must execute a certificate of sale. Such
a
C h
CERTIFICATE conveys to the purchaser all the rights

belonging to the judgment obligor in such property.

r
Ba
Certificate of Sale; Real Ro
blProperty
es
an Ba
r
Officer must give to the purchaser

Ch
o bl
e s
a certificate of sale
R
containing: Ch
an
e s
Ba
r
o bl
1. description of the real property

R
an Ba
r
h
C es
o bl
2. price paid for each distinct Ch

anlot/parcel
R
e s
Ba
r
bl
3. whole price paid by him C h
an
R o
s
Ba
r
e
bl
4. statement that the right of redemption h
an
R o
expires 1 year
C
from the date of the registration of the certificate of sale
*Registration in the registry of deeds where the property is
situated

r
Ba
Certificate of sale where Ro
bl property claimed by third person
es
an Ba
r
Certificate of sale must mention

Ch
o bl
e s
the existence of such
R
third-party claim Ch
an
le
s
Ba
r
b
Ro
an Ba
r
Ch s
ble
Ro
Who may redeem real property:Ch
an
e s
Ba
r
bl
a. Judgment obligor or his successor
C h
an
R o
s
Ba
rin interest in the
e
whole or any part of the property; anR o bl
Ch
b. Creditor having lien by virtue of an attachment,
judgment, or mortgage on the property sold subsequent
to the lien under which the property was sold.

r
Ba
When redemption can be made Ro
bl
es
an Ba
r
Ch
1. Judgment Obligor - within 1 year from the
an
Ro
b l es
r
Ba
registration of the certificate of sale
Ch
Ro
bl
es
an Ba
r
Ch
2. First Redemptioner – within 1 year form
s
b le
Ro
an Ba
r
registration of certificate of sale Ch

Ro
bl
es
an Ba
r
Ch
3. Subsequent Redemptioners - within 60 days an
Ro
b les
from the last redemption Ch
* Redemption by judgment obligor – no further

redemption shall be allowed

r
Ba
Redemption price variesRobdepending
l es
on who the redemptioner
is: an r
Ba
Ch e s
o bl
1. If judgment obligor: Chan

R
r
Ba
e s
bl
a. Purchase price R o
an Ba
r
h
C es
bl
b.1 % interest up to the time an
Rof redemption
o
Ba
r
Ch e s
c. amount of assessments or taxes an
R o bl
paid r
by the purchaser
h Ba
C s
d. If the purchaser is also a creditor nhaving Ro
b le
prior lien to that
a
of the redemptioner, other than the Ch judgment under which
such purchase was made, the amount of such other lien, with
interest.

r
Ba
2. If redemptioner: Ro
bl
es
an Ba
r
Ch
a. Amount paid on the last redemption
an
Ro
b l es
r
Ba
Ch es
b.2% interest thereon. an
Ro
bl
Ba
r
Ch s
le
c. amount of assessments or taxes which the an
Ro
b
Ba
r
Ch es
last redemptioner may have paid an
Ro
bl
Ba
r
Ch es
d. Amount of any liens held by said last b l
Ro
an
Ch
redemptioner prior to his own with interest

r
Ba
Effect of redemption by judgment obligor

an
Ro
bl
es
Ba
r
Ch es
1. No further redemption is allowed b l

Ro
an Ba
r
Ch es
bl
2. He is restored to his estate Ch

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Certificate of Redemption Ro
bl
es
an Ba
r
Ch
- executed by person to whom redemption
an
Ro
b l es
r
Ba
payment is made Ch
Ro
bl
es
an Ba
r
Ch
- delivered to judgment obligor who redeemed
s
b le
Ro
an Ba
r
Ch es
- acknowledged by a notary public an
Ro
bl
Ba
r
Ch es
- filed and recorded in registry of deeds b l
Ro
an
Ch
- registrar of deeds must note the record of

redemption on the margin of the certificate of sale

r
Ba
Proof required of redemptioner
Ro
bl
es
an Ba
r
a. Copy of the judgment or

Ch
o bl final order under which he
e s
R
claims the right to redeem; C h
an
e s
Ba
r
o bl
b. a memorandum of the Crecord ofBa mortgage or other lien

R
an r
h
es
bl
upon which he redeems, certified an
R o
byBarregistrar of deeds; or
Ch s
le
c. original or certified true copy aof n
Ro any assignment
b
Ba
r
Ch
necessary to establish his claim; nRoble
s
a
d. affidavit executed by him/agent, showing the amount Ch
then actually due on the lien.

r
Ba
Pending Redemption Periodobl es
R
A. Purchaser or judgment Ch oblige esmay file an action for injunction to
an Ba
r
bl
restrain the commission of waste an
R o
on the r property by injunction
h Ba
C s
*Not considered waste on property: Ro
b le
an Ba
r
- property is use it in the sameC manner h
bl
es in which it was previously used;
R o
- to use it in the ordinary course of Ch
a husbandry
n
e s
Ba
r
bl
- to make the necessary repairs h
an
R o
Ba
r
C e s
B. Rents, earnings and income derived from R o the
bl
property pending
an
redemption Ch
- belong to the judgment obligor until expiration of his period of

redemption

r
Ba
Deed and possession to Ro
bl be given at expiration of the
es
redemption period Cha

n r
Ba
e s
o bl
R
A. Purchaser at AuctionC sale entitled
h
an
le
s
Ba
r
to conveyance and
b
possession after 1 year from C h
an
Ro
registrations
Ba
r of certificate of
e
sale and no redemption was made an
Ro
bl
r
Ba
Ch s
B. Last Redemptioner entitled tonRconveyance ob
le
r
and
a a
possession after 60 days have Celapsed h
b l es and no other
B
Ro
redemption has been made Ch
a n

r
Ba
When purchaser fails to take possession or is
Ro
bl
es
an Ba
r
evicted from the real property sold on execution:

Ch
Ro
b l es
an Ba
r
A. Due to: Ch
Ro
bl
es
an Ba
r
Ch
1. irregularities in the proceedings concerning the
s
b le
Ro
an Ba
r
sale; Ch
Ro
bl
es
an Ba
r
Ch
2. judgment has been reversed or set aside an
Ro
b les
Ch
3. property sold was exempt from execution
4. third person has vindicated his claim to the
property

r
Ba
B. Remedy of Purchaser an
Ro
bl
es
Ba
r
Ch es
1. Recover from judgment obligee the price

b l
Ro
an Ba
r
Ch es
paid with interest

bl
Ro
an Ba
r
Ch s
b le
- on motion in the same action or

Ro
an Ba
r
Ch es
bl
Ro
- in a separate action
an Ba
r
Ch es
bl
Ro
an
2. Revived the original judgment in his Ch
name

r
Ba
Remedies of Judgment Creditor if judgment not
Ro
bl
es
an Ba
r
satisfied Ch
Ro
b l es
an Ba
r
A. Examination of Judgment obligor

Ch
Ro
bl
es
an Ba
r
Ch
- Judgment obligee is entitled to an order from the
s
b le
Ro
an Ba
r
court requiring judgment obligor to appear and be Ch

Ro
bl
es
an r
examined concerning his property and income Ch

Ro
b les
Ba
before the court or a commissioner assigned by Ch

an
the court and

r
Ba
B. Examination of obligor of judgment obligor
Ro
bl
es
an Ba
r
- upon proof to the satisfaction of the court that a

Ch
Ro
b l es
an r
person, corporation or juridical entity has property of
Ch
bl
es
Ba
Ro
the judgment obligor or is indebted to him Ch
an
b le
s
Ba
r
Ro
- Court, by an order, requires the such person to Ch
an
bl
es
Ba
r
appear before the court or a commissioner Ch

an
Ro
es
Ba
r
b l
- Service of order shall bind all credits due to the Ch

an
Ro
judgment debtor and all money and property in the

possession or control of such person

r
Ba
Remedies of judgmentRocreditor
bl
es
if judgment not satisfied
an Ba
r
a. If the execution is returned

Ch
o bl
e s
unsatisfied, he may cause
R
the examination of theChjudgment
an
le
s
Ba
r
debtor as to his property
b
and income [Sec. 36] h
an
Ro
Ba
r
C es
bl
b. He may cause examinationhanRof theBadebtor o
r of the
C s
judgment debtor as to any debt nowed by him or to any
e
o bl
R
a a r
property of the judgment debtor Ch

in his b l es possession[ Sec. 37]
B
Ro
n
c. If after examination, the court finds the property of the
a
C h
judgment debtor either in his own hands or that of any

person, the court may order the property applied to the
satisfaction of the judgment.

r
Ba
d. A party or other person Ro
bl may be compelled by an order
es
or subpoena to attend an
before the court or commissioner to
r
Ba
Ch s
b le
Ro
testify as provided in sect Ch
an 36-37.
e s
Ba
r
bl
1. if the court finds the earnings h
an
R o
of
Ba
r the judgment debtor
C es
are more than sufficient for his an
R family’s
o bl
a r
needs, it may
[Sec. le 40]
B
order payment in instalments Ch
Ro
b
s
an Ba
r
2. the court may appoint a receiver for Ch

o bl
e s
the property of the
R
judgment debtor not exempt fromChaexecution n
or forbid a
transfer or disposition or interference with such property
[Sec. 41]

r
Ba
(3) if the court finds the Ro
bl judgment debtor had an
es
ascertainable interestCh in real

an
property either as mortgagor,
r
Ba
s
b le
Ro
mortgagee or otherwise, Ch
an and his
e s
Ba
r
interest can be
bl
ascertained without controversy, an
Ro the
B ar
court may order a
Ch
sale of such interest [Sec. 42].nRoble
s
a r
Ba
(4) if the person alleged to have Rthe Ch
ob
le
s
property of the
judgment debtor or be indebted to him, an
claims an adverse
r
h Ba
C e s
o bl
interest in the property or denies Cthe h

an
R
debt, the court may
authorize the judgment creditor to institute an action to
recover the property, forbid its transfer and may punish
disobedience for contempt [Sec.43]

r
Ba
Effects of judgments orRoblfinal orderses
an Ba
r
a. RES JUDICATA IN JUDGMENTS

Ch
o bl
e s
IN REM
R
an r
- in case of judgment or finalobleorder against a specific thing,
C h s
Ba
= Conclusive upon the title

R
an Ba
r
h
C es
o bl
- in respect to the personal, Cpolitical, h

an
R
e s
Ba or legal condition or
r
bl
status or relationship of the person an
R o
= Conclusive
Ba
r to the
h
condition, status or relationship of the person
C s
b le
Ro
a n
- In respect to the probate of a will, or administration of Ch
the estate of a deceased in person - conclusive to the will

or administration

r
Ba
b. RES JUDICATA INRobJUDGMENTS l es
IN PERSONAM
an Ba
r
In other cases, the judgment

Ch
o bl
e s
or final order is, with respect
R
to the matter directly adjudged
Ch
an
e s
Ba or as to any other matter
r
bl
that could have been missed C h
an
R o
in relation
s
Ba
r thereto, conclusive:
l e
(a) between the parties and han R ob

Ba
r
C e s
bl
(b) their successors in interest, by an
R title subsequent to the
o
Ba
r
h
commencement of the action or special proceeding,
C e s
o bl
R
n
litigating for the same thing and under the same title and
a
C h
in the same capacity.

r
Ba
c. CONCLUSIVENESS OF Ro
bl
es
an Ba
r
JUDGMENT/PRECLUSION OF ISSUES
Ch
Ro
b l es
an r
(AUTER ACTION PENDANT) Ch
Ro
bl
es
Ba
an r
In any other litigation between the same parties or

Ch
Ro
b le
s
Ba
their successors in interest, that only is deemed to

an Ba
r
Ch es
bl
Ro
have been adjudged in a former judgment or final an r
Ba
Ch es
b l
Ro
order which appears upon its face to have been so Ch
an
adjudged, or which was actually and necessarily

included therein or necessary thereto.

r
Ba
Immutability of final judgment

an
Ro
bl
es
Ba
r
Ch es
The principle of immutability of final b l

Ro
an Ba
r
Ch es
judgments prohibits any alteration,

bl
Ro
an Ba
r
Ch s
le
modification or correction of final and

b
Ro
an Ba
r
Ch es
bl
executor judgments as what remains to be Ch
an
Ro
les
Ba
r
done is the purely ministerial enforcement

b
Ro
an
Ch
of execution of judgments.
[Tabalno v. Dingal, 772 SCRA 51 (2015)]

r
Ba
Exceptions to exceptions immutability of

an
Ro
bl
es
Ba
r
Ch
final judgments: an
Ro
b les
Ba
r
Ch es
1. the correction of clerical errors,

bl
Ro
an Ba
r
Ch s
b le
2. the so called nunc pro tunc entries which

Ro
an Ba
r
Ch es
bl
cause no prejudice to any party, and

Ro
an Ba
r
Ch es
bl
Ro
3. void judgments.
an
Ch
[One Shipping Corp. v. Penafiel, 746 SCRA 536

(2015)]

r
Ba
Law of the case doctrine obl es
R
The law of the case doctrine
Ch
an
applies
le
s
Ba
r
in a situation where an appellate
b
court has made a ruling on aanquestion
Ro
r on appeal and thereafter
h Ba
remands the case to the lower C
court b le for further proceedings; the
s
Ro
question settled by the appellate C h
a n
court becomes
es
Ba
r
the law of the case at
l
the lower court and in any subsequent Ro appeal. It means that whatever
b
an Ba
r
is irrevocably established as the controlling C h
bl
e legal rule or decision
s
o
between the same parties in the same C h
ancase continues
R
s
Ba
r to be the law of
e
the case, whether correct on general principles Ro
bl
or not, so long as the
an
facts on which the legal rule or decision Cwas h
predicated continue to be
the facts of the case before the court.
[Virata vs. Alejandro Ng Wee Westmont Investment Corp., 830 SCRA
271 (2017)]

r
Ba
Res judicata in the concept of bar by prior judgment
Ro
bl
es
an r
proscribes the filing of another action based on "the
Ch
b l es
Ba
Ro
same claim, demand, or cause of action." It applies
Ch
an
bl
es
Ba
r
when the following are present: (a) there is a final

Ch
an
Ro
s
Ba
r
le
judgment or order; (b) it is a judgment or order on the
b
Ro
an Ba
r
Ch es
merits; ( c) it was "rendered by a court having an
Ro
bl
r
Ba
jurisdiction over the subject matter and parties"; and Ch
Ro
b les
an
( d) there is "identity of parties, of subject matter, and Ch
of causes of action" between the first and second

actions.

r
Ba
Res judicata in the concept of conclusiveness of
an
Ro
bl
es
r
Ba
judgment applies when there is an identity of
Ch
Ro
b les
an r
issues in two (2) cases between the same parties
Ch
Ro
bl
es
Ba
involving different causes of action. Its effect is to

an r
Ba
Ch s
b le
Ro
bar "the relitigation of particular facts or issues" Ch
an
bl
es
Ba
r
which have already been adjudicated in the other Ch

an
Ro
es
Ba
r
bl
case. Ch
an
Ro
[Emerald Garment vs. The H.D. Lee Company, 826 SCRA

599 (2017)]

r
Ba
Effect of foreign judgmentan

Ro
bl
es
r
Ba
Ch
a. Judgment upon a specific thing, an
Ro
b les
Ba
r
conclusive upon title to the thing;

Ch es
bl
Ro
an Ba
r
Ch s
le
b. If against a person, judgment is

b
Ro
an Ba
r
Ch es
bl
presumptive evidence of a right as between Ch
an
Ro
es
Ba
r
bl
the parties and their successors in interest; Ch

an
Ro

r
Ba
Nunc pro tunc Ro
bl
es
an Ba
r
Ch
A nunc pro tunc entry in practice is an entry made
an
Ro
b l es
r
Ba
now for something which was actually previously
Ch
Ro
bl
es
an r
done, to have effect as of former date. Its office is

Ch
Ro
b le
s
Ba
not to supply omitted action by the court, but to

an Ba
r
Ch es
bl
Ro
supply an omission in the record of action really an r
Ba
Ch es
b l
Ro
had, but omitted through inadvertence or mistake. Ch
an
(One Shipping Corp. v. Penafiel, 746 SCRA 536 (2015)

r
Ba
Nothing is more settled inoblthe law than that a decision that has
es
R
acquired finality becomes
Ch
an
immutable
le
s
Ba
r
and unalterable and may
b
no longer be modified in any an
Ro respect even if the modification is
Ba
r
Ch
meant to correct erroneous conclusions of fact or law and
e s
o bl
R
n r
whether it was made by theChcourt a
that
bl
e s
Ba
rendered it or by the
highest court of the land. The Conly recognized exceptions to the
R o
an Ba
r
h s
e
general rule are the correction of clerical R o bl
errors, the so-called
an a r
nunc pro tunc entries which causeCh no prejudice b l es
B
to any party,
Ro
void judgments, and whenever circumstances C h
an transpire after the
finality of the decision rendering its execution unjust and
inequitable.
[Torres vs. Aruego, G.R. No. 201271, 840 SCRA 270 (2017)]

r
Ba
Judgment upon compromise Ro
bl
es
an Ba
r
- is a judgment rendered by the court on the basis of

Ch
Ro
b l es
an r
compromise agreement entered into between the
Ch
bl
es
Ba
Ro
parties to the action. Ch
an
b le
s
Ba
r
Ro
A judgment on compromise agreement is a judgment Ch
an
bl
es
Ba
r
on the merits. It has the effect of res judicata, and is Ch

an
Ro
es
Ba
r
l
immediately final and executory unless set aside
b
Ro
an
Ch
because of falsity or vices of consent.
[Gadrinab v. Salamanca, 726 SCRA 315 (2014)]

r
Ba
APPEALS an
Ro
bl
es
Ba
r
Ch es
The right to appeal is neither a natural right

b l
Ro
an Ba
r
Ch es
nor is it a component of due process. It is a

bl
Ro
an Ba
r
Ch s
le
mere statutory privilege, and may be

b
Ro
an Ba
r
Ch es
bl
exercised only in the manner in accordance Ch
an
Ro
es
Ba
r
bl
with the provisions of law. Ch

an
Ro
[Boardwalk Business Ventures Inc., v. Villareal, 10

April 2013]

r
Ba
The perfection of an appeal within the
Ro
bl
es
an Ba
r
reglementary period is mandatory because the

Ch
Ro
b l es
an r
failure to perfect an appeal within the time
Ch
Ro
bl
es
Ba
prescribed by the Rules of Court unavoidably an r

Ba
Ch s
b le
Ro
renders the judgment final as to preclude the Ch
an
bl
es
Ba
r
appellate court from acquiring the jurisdiction to Ch

an
Ro
les
Ba
r
review the judgment.

b
Ro
an
Ch
[Le Soleil Int’l. Logistics Co., Inc. v. Sanchez, 770 SCRA

251 (2015)]

r
Ba
Nonpayment of Appellate fee is mandatory and
Ro
bl
es
an Ba
r
jurisdictional Ch
Ro
b l es
an Ba
r
The nonpayment of the appellate court

Ch
Ro
bl
es
an r
docket fee within the reglementary period is both

Ch
Ro
b le
s
Ba
mandatory and jurisdictional, the noncompliance

an Ba
r
Ch es
bl
Ro
with which is fatal to the appeal, and is a ground an r
Ba
Ch es
b l
Ro
to dismiss the appeal. Ch
an
[Heirs of Arturo Garcia I v. Municipality of Iba, Zambales,

763 SCRA 349 (2015)]

r
Ba
Failure to pay Appellate Ro
blfee within prescribed time does not
es
result to automatic dismissal

an r
Ba
Ch e s
o bl
R
The Supreme Court hasC declared
h
an
le
s
Ba
r
that in appealed cases,
b
failure to pay the appellate C h
ancourt Bdocket
Ro
s
ar fee within the
e
prescribed period warrants only an
Ro discretionary, as opposed
bl
r
Ba
to, automatic dismissal of the appeal Ch
R o bl
e s
and the court shall
exercise its power to dismiss in accordance an
with the tenets
r
h Ba
C e s
o bl
of justice and fair play, and with great Ch

an
R
deal of
circumspection considering all attendant circumstances.
[Reyes v. People, 763 SCRA 226 (2015)]

r
Ba
Findings of trial court are Ro
bl conclusive
es
an Ba
r
Factual findings of the trial

Ch
o bl court, including its assessment
e s
R
of the credibility of theC witnesses
h
an
le
s
Ba
r
and the probative weight
b
thereof, as well as the conclusions h
an
Ro
Ba
r of the trial court based
C es
on its factual findings, are accorded an
R o bl
high
a r
respect, if not
B
conclusive effect, especially Cif affirmed by the Court of
h s
b le
Ro
Appeals, except when facts or circumstances an
weight and
r
h Ba
C e s
o bl
influence were overlooked or the Csignificance h

an
R
of which was
mis-appreciated or misinterpreted by the lower courts.
[People v. Dela Peña, 751 SCRA 178 (2015)]
Rule 40: Appeal from Municipal

Trial Courts to the Regional Trial
Courts
r
Ba
Appeal from MTC to RTC an

Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
Appellant- party appealing Ch

an
Ro
b le
s
Ba
r
Ro
Appellee- adverse party an r

Ba
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

Courts
r
Ba
When to appeal Ro
bl
es
an Ba
r
Ch
A. Notice of Appeal – 15 days after notice of
an
Ro
b les
r
Ba
judgment or final order Ch
Ro
bl
es
an Ba
r
Ch
B. Record of Appeal – 30 days
s
b le
Ro
an Ba
r
Ch es
Interruption of period to appeal an
Ro
bl
Ba
r
Ch es
- timely motion for new trial or reconsideration an
Ro
bl
Ch
*No motion for extension to file Motion for New

Trial or MR

Courts
r
Ba
Neypes v. CA (2005) on the
ob
l fresh period rule:
es
R
an ar
- Period of appeal is interrupted
Ch
b le
s
B
by a timely motion for new trial
Ro
or reconsideration. MotionCh
anfor extension
s
Ba
r of time to file motion for
e
new trial or reconsideration isanRnot ob
l
allowed. r
h Ba
- Applicability: C
R o bl
es
an Ba
r
a. Rule 40 on appeals from MTC to RTC. Ch
o bl
e s
R
an r
b. Rule 42 on petitions for reviewCfrom RTC h
b le
s
Ba
to CA.
Ro
c. Rule 43 on appeals from QJA to CA. Ch
a n
d. Rule 45 on appeals by certiorari to SC.

e. “fresh period” should equally apply to period of appeal in
criminal cases

Courts
r
Ba
How to appeal Ro
bl
es
an Ba
r
1. Notice of Appeal Ch
Ro
b les
an Ba
r
- filing of a notice of appeal with the court that

Ch
Ro
bl
es
an r
rendered the judgment or final appealed from
Ch
b le
s
Ba
Ro
an r
- indicating: Ch
bl
es
Ba
Ro
an r
a. parties to the appeal Ch
bl
es
Ba
Ro
an
b. judgment/final order or part thereof appealed from, Ch
and
c. material dates showing timeliness of appeal

Courts
r
Ba
2. Record on Appeal Robl es
an Ba
r
- required only in special proceedings

Ch
o bl
e s
and in other cases of
R
multiple or separate appealsCh
an
e s
Ba
r
o bl
- contents:
R
an Ba
r
h
C es
o bl
a. full names of all parties ChanR e s

Ba
r
bl
b. judgment or final order fromChawhich n
R o
s
appeal
Ba
r is taken, in
e
chronological order an
Ro
bl
C h
c. only copies of all pleadings, motions, interlocutory order

as are related to the appealed judgment or final order

Courts
r
Ba
d. data as will showing timeliness of appeal

an
Ro
bl
es
Ba
r
Ch es
d. if appealed on issues of fact b l

Ro
an Ba
r
Ch es
bl
- it shall include by reference all the Ch

an
Ro
b le
s
Ba
r
evidence, testimonial and documentary,

Ro
an Ba
r
Ch es
bl
taken upon the issue involved

Ro
an Ba
r
Ch es
bl
Ro
e. subject index if it exceeds 20 pages

an
Ch

Courts
r
Ba
Approval of Record on Appeal bl
es
Ro
an r
A. Trial Court approves Ch it
bl
e s
Ba
R o
- no objection is filed by Ctheh
an
appellee l e s
Ba
r
within 5 days from receipt
b
Ro
B. Trial Court orders its amendment h
a n
Ba
r
C es
bl
- motu proprio or upon motion of an
R appellee
o
Ba
r
Ch e s
- amendment by the inclusion of omitted R o bl
matters which are
an a r
deemed essential to the determination Ch of
b l esthe issue of law or
B
Ro
facts involved in the appeal Ch
a n
- appellant must comply within the period stated in the order,

any extension granted or 10 days (if no time is fixed)
- submitting redrafted record for the approval of court

Courts
r
Ba
Perfection of Appeal Ro
bl
es
an Ba
r
A. Notice of Appeal Ch
Ro
b les
an Ba
r
- upon filing of the notice of appeal

Ch
Ro
bl
es
an Ba
r
- effect of perfection of Notice of Appeal: court loses

Ch
Ro
b le
s
an r
jurisdiction over the case Ch
bl
es
Ba
Ro
an r
B. Record on Appeal Ch
bl
es
Ba
Ro
an
- upon approval of the record on appeal Ch
- effect of perfection of Record of Appeal: court loses

jurisdiction over the subject matter thereof

Courts
r
Ba
Docket fees/Other lawful fees

an
Ro
bl
es
Ba
r
Ch es
- appellant shall pay the clerk of court which

b l
Ro
an Ba
r
Ch es
rendered the judgment of final order appeal

bl
Ro
an Ba
r
Ch e s
from the full amount of appellate court o bl

R
an Ba
r
Ch es
l
docket and other lawful fees

b
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

Courts
r
Ba
Duty of the Clerk of Court Ro
bl
es
an Ba
r
- within 15 days Ch
Ro
b les
an Ba
r
- he shall transmit the original record or the record on

Ch
Ro
bl
es
an r
appeal Ch
b le
s
Ba
Ro
an r
- together with the transcripts and exhibits Ch
bl
es
Ba
Ro
an r
- which he shall certify as complete Ch
bl
es
Ba
Ro
an
- to the RTC Ch
- copy of letter of transmittal shall be furnished to the

parties

Courts
r
Ba
Procedure in the RTC Robl es
an Ba
r
A. Clerk of Court of RTC notifies

Ch
o bl
e s
the parties of its receipt of
R
the complete record orChrecord
an
le
s on
Ba
r
appeal
b
Ro
B. Appellant to submit a memorandum
C h
a n
l es
Ba
r
which shall discuss
errors imputed to the lower court, an
R ob
within
Ba
r 15 days from its
Ch s
receipt of RTC notice
e
o bl
R
an Ba
r
h
*Failure of appellant to file memorandum- ground for
C e s
o bl
R
n
dismissal
a
C h
C. Appellee may file his memorandum within 15 days from

its receipt of appellant’s memorandum
D. Case submitted for decision

Courts
r
Ba
Appeal from MTC dismissal for lack of jurisdiction over
Ro
bl
es
an r
the subject matter Ch
b les
Ba
Ro
an r
A. if MTC dismissed the case without trial on the
Ch
bl
es
Ba
Ro
merits, the RTC may: Ch
an
b le
s
Ba
r
Ro
1. affirm that MTC has no jurisdiction, Ch
an
bl
es
Ba
r
Ro
- if RTC has jurisdiction, it shall try the case on the Ch
an
bl
es
Ba
r
merits Ch
an
Ro
2. reverse it
- case shall be remanded for further proceedings

Courts
r
Ba
B. if MTC dismissed the case after it was

an
Ro
bl
es
Ba
r
Ch
tried on the merits, an
Ro
b les
Ba
r
Ch es
- RTC shall not dismiss the case if it has

bl
Ro
an Ba
r
Ch s
le
jurisdiction
b
Ro
an Ba
r
Ch es
bl
- but shall decide the case

Ro
an Ba
r
Ch es
bl
Ro
- without prejudice to the admission of

an
Ch
amended pleadings and additional evidence
Rule 41: Appeal from the

Regional Trial Courts
r
Ba
Ordinary Appeal Ro
bl
es
an Ba
r
No appeal may be taken from:

Ch
o bl
e s
R
an r
a. Order denying a petition for
C h
o bl
e relief or any similar motion
s
Ba
seeking relief from judgment

R
an Ba
r
h
C es
o bl
b. Interlocutory order Ch
an
R
e s
Ba
r
bl
c. Order disallowing or dismissing C h
an an appeal
R o
s
Ba
r
e
bl
d. Order denying a motion to set aside h
an
R o
a judgment by
C
consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground
vitiating consent

r
Ba
e. Order of execution Ro
bl
es
an Ba
r
Ch
f. Judgment or final order for or against one or
an
Ro
b l es
r
Ba
more several parties or in separate claims,
Ch
Ro
bl
es
an r
counterclaims, cross-claims and third-party

Ch
Ro
b le
s
Ba
complaints, while the main case is pending, unless

an Ba
r
Ch es
bl
Ro
the court allows an appeal therefrom; and an r
Ba
Ch es
b l
Ro
g. Order dismissing an action without prejudice Ch

an
*instead of appeal, remedy is to file a special civil

action of certiorari Rule 65

r
Ba
Modes of Appeal an
Ro
bl
es
Ba
r
Ch es
A. Ordinary Appeal b l
Ro
an Ba
r
Ch es
bl
RTC to CA – where RTC exercised its Ch

an
Ro
b le
s
Ba
r
original jurisdiction
Ro
an Ba
r
Ch es
bl
Ro
by filing a Notice of Appeal with RTC;

an Ba
r
Ch es
b l
Ro
an
Record on Appeal in special proceeding, Ch
cases of multiple or separate appeals

r
Ba
B. Petition for Review Ro
bl
es
an Ba
r
Ch
RTC to CA – where RTC exercised its appellate
an
Ro
b l es
r
Ba
jurisdiction Ch
Ro
bl
es
an Ba
r
Ch
In accordance with Rule 42
s
b le
Ro
an Ba
r
Ch es
C. Appeal by Certiorari an
Ro
bl
Ba
r
Ch es
RTC to SC – where only questions of law are b l
Ro
an
Ch
raised
In accordance with Rule 45

r
Ba
Period of Ordinary Appealan

Ro
bl
es
Ba
r
Ch es
Notice of appeal – within 15 days b l

Ro
an Ba
r
Ch es
bl
Record on Appeal – within 30 days Ch

an
Ro
b le
s
Ba
r
Ro
Appeal in habeas corpus cases – 48 hours an r

Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Duty of Clerk of court of olowerbl
es court (RTC) upon perfection of
R
appeal: Ch
an
e s
Ba
r
o bl
- within 30 days from perfection
C h
an
R
s
Ba
r
e
bl
a) verify correctness of the original h
an
R o
record
Ba
r /record on appeal and
make a certification as to correctnessC
R o bl
es
an Ba
r
b) verify completeness of records transmitted Ch
o bl
e s
to appellate court
R
an r
c) If incomplete, take necessary measures C h
b le
s
Ba
as may berequired to
complete records, availing of the authority an
Ro
that he or the court
Ch
may exercise for this purpose
d) transmit the records to the appellate court
e) then furnish parties with copies of his letter of transmittal

r
Ba
Dismissal of appeal Ro
bl
es
an Ba
r
Ch
Prior to the transmittal of the original record or the
an
Ro
b les
r
Ba
record on appeal to the appellate copurt, the trial
Ch
Ro
bl
es
an r
court may, motu proprio, or on motion, dismiss the

Ch
Ro
b le
s
Ba
appeal on:
an Ba
r
Ch es
bl
Ro
an r
a. filed out of time or Ch

Ro
bl
es
Ba
an
b. non-payment of the docket and other lawful Ch
fees

r
Ba
Three modes of appeal from decisions of RTC:
Ro
bl
es
an Ba
r
Ch
a. ordinary appeal or appeal by writ of error,
an
Ro
b les
r
Ba
where judgment was rendered by the court in the
Ch
Ro
bl
es
an r
exercise of its original jurisdiction. This mode of

Ch
Ro
b le
s
Ba
appeal is governed by Rule 41 and is taken to the

an Ba
r
Ch es
bl
Ro
Court of Appeals on question of fact or mixed an r
Ba
Ch es
bl
Ro
questions of fact and law. Ch
an

r
Ba
b. petition for review, where the judgment

an
Ro
bl
es
Ba
r
Ch
was rendered by the court in the exercise of
an
Ro
b les
Ba
r
Ch
its appellate jurisdiction. This mode of
es
bl
Ro
an Ba
r
Ch
appeal is covered by Rule 42 and is brought

s
b le
Ro
an Ba
r
Ch
to the Court of Appeals on questions of fact,

es
bl
Ro
an Ba
r
Ch es
questions of law or mixed questions of fact Ch
an
Ro
bl
and law.

r
Ba
c. petition for review on certiorari or appeal

an
Ro
bl
es
Ba
r
by certiorari to the Supreme Court. This

Ch es
b l
Ro
an Ba
r
Ch
mode is brought to the Supreme Court from
es
bl
Ro
an Ba
r
Ch
the decision of the Regional Trial Court in

s
b le
Ro
an Ba
r
Ch
the exercise of its original jurisdiction and

es
bl
Ro
an Ba
r
Ch es
only on questions of law. b l
Ro
an
Ch
[Five Star Marketing Corp. v. Booc, 535 SCRA 28

(2007)]

r
Ba
Residual Jurisdiction bl
es
Ro
an r
The residual jurisdiction
Ch of trial
b le
s
Ba
courts is available at a stage in
Ro
which the court is normally Ch
an deemed
s
Ba
r to have lost jurisdiction over
e
the case or the subject matter an
R oinvolved
bl
a r
in the appeal. This stage
is reached upon the perfection of othe appeals by the parties or
B
Ch es
b l
R
upon the approval of the records Ch
an on appeal,
s
Ba
r
but prior to the
le
transmittal of the original records or Rothe records on appeal. In
b
an Ba
r
Ch
either instance, the trial court still retains R o bl its so-called residual
e s
an
jurisdiction to issue protective orders, Ch approve compromises,
permit appeals of indigent litigants, order execution pending

appeal, and allow the withdrawal of the appeal.
(Angeles v. Hon. Court of Appeals, 735 SCRA 82 (2014)
Rule 42: Petition for Review from

the Regional Trial Courts to the
Court of Appeals
r
Ba
Petition for Review = RTC to CA
Ro
bl
es
an Ba
r
*RTC exercised its appellate jurisdiction

Ch
Ro
b les
an Ba
r
How: Ch
Ro
bl
es
an r
a. Verified Petition for Review Ch

Ro
b le
s
Ba
an r
b. Pay docket and other lawful fees to the CA Ch

Ro
bl
es
Ba
c. Deposit ₱500 for costs

an Ba
r
Ch es
bl
Ro
an
d. furnish RTC and adverse party copy of petition Ch

Court of Appeals
r
Ba
When: an
Ro
bl
es
Ba
r
Ch es
a. 15 days from notice b l

Ro
an Ba
r
Ch es
bl
1. of the decision sought to be reviewed or

Ch
an
Ro
b le
s
Ba
r
Ro
2. of the denial of petitioner’s MNT/MR an r

Ba
Ch es
bl
Ro
an Ba
r
b. General Rule: no extension Ch
an
Ro
bl
es
Ch
Exception: for the most compelling reason

and in no case to exceed 15 days

Court of Appeals
r
Ba
Forms and Contents: Robl es
an Ba
r
a. full names of parties, WITHOUT

Ch
o bl
e s
impleading the lower
R
court/judge Ch
an
e s
Ba
r
o bl
b. specific material dates C(filed on Ba time)

R
an r
h
es
o bl
c. statements of matters, issues, Ch

an
R
specification
e s
Ba
r
of error on
l
fact/law and reasons/argumentsanRrelied ob
upon
Ba
r
C h s
e
d. accompanied by clearly legible duplicate an
R o bl
copies or true
copies of judgment of lower courtC
h
e. certification against forum shopping/verification

Court of Appeals
r
Ba
Failure to comply with Rorequirements
bl
es
an Ba
r
- ground for dismissal

Ch
o bl
e s
R
an r
Action on the Petition - CA may:
C h
o bl
e s
Ba
R
a. Require the respondentC to fileblesa COMMENT, not a Motion
an r
h Ba
Ro
to Dismiss, within 10 days from Ch
a n
notice e s
Ba
r
bl
b. Dismiss the petition – if found: C h
an
R o
s
Ba
r
e
bl
patently without merit, an
R o
Ch
prosecuted manifestly for delay, or

questions raised therein are too unsubstantial to require
consideration

Court of Appeals
r
Ba
Contents of Comment: obl es
R
an r
- accompanied by certified
Ch trueb le
s
Ba
copies of such MATERIAL
Ro
PORTIONS OF THE RECORD Ch
an ands Bar
e
bl
OTHER SUPPORTING DOCUMENTS h
an
R o
Ba
r
C es
- stating: R o bl
an Ba
r
Ch
a) Statements of whether or not he RACCEPTS the statement of
s
le
ob
n r
matters Ch
a
bl
e s
Ba
Ro
b) Point out the INSUFFICIENCIES/INACCURACIES C h
an
c) State REASONS why it should not be given due course.

*Copy must be served on petitioner.

Court of Appeals
r
Ba
Giving due course to the Petition
Ro
bl
es
an Ba
r
Ch
- when upon filing of the comment or after
an
Ro
b les
r
Ba
expiration of period to file, Ch
Ro
bl
es
an Ba
r
Ch
- CA finds PRIMA FACIE that the lower court has
s
b le
Ro
an Ba
r
committed error of fact/law that will warrant a Ch

Ro
bl
es
an r
reversal /dismissal Ch
Ro
bl
es
Ba
an
- consequently, if deemed necessary, CA will order Ch
the elevation by clerk of court of RTC of the entire

record within 15 days

Court of Appeals
r
Ba
The appeal by notice of Ro
blappeal under Rule 41 is a matter of
es
right, but the appealChaby petition for review under Rule 42 is

n r
Ba
s
b le
Ro
a matter of discretion. CAn h
an appeal
e s
Ba
r
as a matter of right,
bl
refers to the right to seek review an
Ro by
B ar
a superior court in the
Ch
first instance. In contrast, thenRdiscretionary appeal, which
s
le
ob
r
is taken from the decision orCh finaloborder rendered by a
a Ba
e s
l
court in the exercise of its appellate jurisdiction, may be

R
an Ba
r
C h s
l e
disallowed court by the superior court in its discretion.

b
Ro
a n
C h
[Heirs of Arturo Garcia v. Municipality of Iba, Zambales,

763 SCRA 349 (2015)]

Court of Appeals
r
Ba
Perfection of Appeal an
Ro
bl
es
Ba
r
Ch es
1. Deemed perfected upon timely filing of ab l

Ro
an Ba
r
Ch es
petition for review and payment of docket

bl
Ro
an Ba
r
Ch s
le
and other lawful fees

b
Ro
an Ba
r
Ch es
bl
2. Effect:
Ro
an Ba
r
Ch es
bl
Ro
a. RTC loses jurisdiction over case

an
Ch

Court of Appeals
r
Ba
b. Before the CA gives due ocoursebl
es to the Petition, RTC exercises
residual jurisdiction:
R
an Ba
r
Ch e s
bl
- issue orders of protection and an
R preservation not involving matters
o
r
h Ba
litigated by the appeal C
o bl
e s
R
an r
- approve compromises C h
es
Ba
o bl
- permit appeals of indigent litigants an
R
Ba
r
Ch e s
bl
- order execution pending appeal an
R o
r
h Ba
s
- allow withdrawal of the appeal C
R o bl
e
an
3. Appeal shall stay the judgment/final order Ch
Exception:
a. otherwise provided by the CA, law, Rules of Court
b. cases decided under Rules of Summary Procedure

Court of Appeals
r
Ba
CA may: an
Ro
bl
es
Ba
r
Ch es
set it for oral argument or b l

Ro
an Ba
r
Ch es
bl
require memorandum Ch
an
Ro
b le
s
Ba
r
Ro
within 15 days from notice an r

Ba
Ch es
bl
Ro
an Ba
r
Case is deemed submitted for decision Ch
an
Ro
bl
es
Ch
- after the filing of the last pleading or

memorandum
Rule 43: Appeals from the Court of

Tax Appeals and Quasi-Judicial
Agencies to the CA
r
Ba
Quasi-judicial agenciesRobto l CAes
an Ba
r
Appeals from awards, judgments,

Ch
o bl
e s
final orders or
R
resolutions of or authorized
Ch
an
by e s
Baany quasi-judicial agency
r
bl
(QJA) in the exercise of its C h
anquasi-judicial
R o
s
Ba
r functions:
e
(arranged alphabetically) an
Ro
bl
r
Ba
Ch s
(a) Agricultural Inventions BoardnR(AIB); ob
le
r
a Ba
Ch
(b) Board of Investments (BOI); nRoble
s
a
(c) Bureau of Patents, Trademarks and Technology Ch
Transfer (BPTTT);
(d) Central Board of Assessment Appeals (CBAA);

Agencies to the CA
r
Ba
(e) Civil Aeronautics BoardRo
bl
es
(CAB);
an Ba
r
(f) Civil Service Commission

Ch
o bl
e (CSC);
s
R
an r
(g) Construction Industry Arbitration
C h
o bl
e s
Ba
Commission;
R
(h) Department of Agrarian an
Reform (DAR under RA 6657)
r
h Ba
C es
o bl
R
(i) Employees CompensationCh Commission an
le
s
Ba
r
(ECC);
b
Ro
(j) Energy Regulatory Board (ERB); Ch
a n
e s
Ba
r
o bl
(k) Government Service InsuranceChanSystem R

(GSIS);
(l) Insurance Commission;
(m) Land Registration Authority (LRA);

Agencies to the CA
r
Ba
(n) National Electrification Administration (NEA);
Ro
bl
es
an Ba
r
(o) National Telecommunications Commission (NTC);

Ch
Ro
b l es
an Ba
r
(p) Office of the President (OP);

Ch
Ro
bl
es
an Ba
r
(q) Philippine Atomic Energy Commission (PAEC);

Ch
Ro
b le
s
an Ba
r
(r) Securities and Exchange Commission (SEC); Ch

Ro
bl
es
an Ba
r
(s) Social Security Commission (SSC); Ch

Ro
b les
an
(t) Voluntary arbitrators authorized by law. Ch

Agencies to the CA
r
Ba
Remedy from resolution of CTA division

an
Ro
bl
es
Ba
r
Ch es
- petition for review with CTA en banc.b l

Ro
an Ba
r
Ch es
bl
- Adverse decision of CTA en banc, Ch

an
Ro
b le
s
Ba
r
aggrieved party may file with the Supreme

Ro
an Ba
r
Ch es
bl
Court, a verified petition for review on

Ro
an Ba
r
Ch es
b l
Ro
certiorari pursuant to Rule 45 Ch
an
(R.A. 9282, 30 March 2004)

Agencies to the CA
r
Ba
Cases NOT covered: Ro
bl
es
an Ba
r
Ch
- judgments/final orders issued under the Labor
an
Ro
b l es
r
Ba
Code Ch
Ro
bl
es
an Ba
r
Ch
Where to appeal
s
b le
Ro
an Ba
r
Ch es
To the CA an
Ro
bl
Ba
r
Ch es
Grounds: b l
Ro
an
Ch
Questions of fact, of law or mixed questions of fact

and law

Agencies to the CA
r
Ba
Period: Ro
bl
es
an Ba
r
Ch
a. 15 days from an
Ro
b l es
r
Ba
Ch es
a. notice of award/judgment, final order or an
Ro
bl
Ba
r
Ch
resolution or
s
b le
Ro
an Ba
r
Ch es
b. from the date of its last publication, if an
Ro
bl
Ba
r
Ch
publication is required for its effectivity an
Ro
b les
Ch
c. of the denial of petitioner’s Motion for New
Trial/ Motion for Reconsideration
* only 1 Motion for Reconsideration is allowed
• b. Court may grant additional 15 days, on

Ba
es
bl
Ro
an Ba
r
Ch
proper motion, after payment of docket
an
Ro
b les
Ba
r
Ch
fee before expiration of reglementary
es
bl
Ro
an Ba
r
Ch
period
s
b le
Ro
an Ba
r
Ch es
• c. No further extension shall be granted Ch

an
Ro
bl
bl
es
Ba
r
• Exception: for most compelling reason Ch

an
Ro
and in no case to exceed 15 days

Agencies to the CA
r
Ba
How appeal is taken: Ro
bl
es
an Ba
r
Ch
a. Verified Petition for Review an
Ro
b l es
r
Ba
Ch es
b. Pay docket and other lawful fees to the CA
an
Ro
bl
Ba
r
Ch s
le
c. Deposit ₱500 for costs an
Ro
b
Ba
r
Ch es
bl
*exemption from payment of docket/lawful Ch
an
Ro
Ba
r
es
fees/deposit for cost must be upon verified motion b l
Ro
an
Ch
setting forth valid grounds

Agencies to the CA
r
Ba
Contents of the Petition: obl es
R
an r
a. full names of parties,
Ch WITHOUT
b le
s
Ba
impleading the
Ro
court/agencies as petitioners Ch
an or respondents
s
Ba
r
e
bl
b. concise statement of factshanand R o
issues Ba
r involved and the
grounds relied upon C
R o bl
es
an Ba
r
c. accompanied by clearly legible duplicate Ch
o bl
e s
copies or true copies
R
of award/judgment/final order/ resolution C h
an
e s
Bappealed
ar from,
l
together with certified true copies of such a n
Ro
b
material portions of
h
the record referred therein and otherC supporting documents
d. certification against forum shopping/ verification
e. specific material date (timelines of petition)

Agencies to the CA
r
Ba
Effect of failure to comply Ro
bl
es
an Ba
r
- ground for dismissalCh

o bl
e s
R
an r
Action on the Petition - CA may:
C h
o bl
e s
Ba
R
a) Require the respondentC to file an
es a COMMENT, not a Motion
r
h Ba
o bl
to Dismiss, within 10 days from Ch

an
R
notice e s
Ba
r
bl
b) Dismiss the petition – if found: C h
an
R o
s
Ba
r
e
bl
patently without merit, an
R o
Ch
prosecuted manifestly for delay, or

questions raised therein are too unsubstantial to require
consideration

Agencies to the CA
r
Ba
Giving due course to the Petition
Ro
bl
es
an Ba
r
Ch
when upon filing of the comment or after
an
Ro
b l es
r
Ba
expiration of period to file, Ch
Ro
bl
es
an Ba
r
Ch
- CA finds PRIMA FACIE that the court/agency
s
b le
Ro
an Ba
r
concerned has committed error of fact/law that Ch

Ro
bl
es
an r
will warrant a reversal /dismissal Ch

Ro
b les
Ba
an
- consequently, if deemed necessary, CA will order Ch
the elevation by clerk of court of RTC of the entire

record within 15 days

Agencies to the CA
r
Ba
Finding of fact of court or agency concerned, when
Ro
bl
es
an Ba
r
supported by substantial evidence

Ch
Ro
b l es
an Ba
r
- shall be binding on the Court of Appeals

Ch
Ro
bl
es
an Ba
r
Ch
Effect of Appeal
s
b le
Ro
an Ba
r
Ch es
- shall NOT stay the award, judgment, final order an
Ro
bl
Ba
r
Ch
or resolution an
Ro
b les
Ch
Unless CA shall direct otherwise

Agencies to the CA
r
Ba
CA may: an
Ro
bl
es
Ba
r
Ch es
set it for oral argument or b l

Ro
an Ba
r
Ch es
bl
require memorandum Ch
an
Ro
b le
s
Ba
r
Ro
within 15 days from notice an r

Ba
Ch es
bl
Ro
an Ba
r
Case is deemed submitted for decision Ch
an
Ro
b les
Ch
- after the filing of the last pleading or

memorandu
Procedure in the Court of Appeals

Rule 44: Ordinary Appealed Cases
r
Ba
Appellant – party appealing the case

an
Ro
bl
es
Ba
r
Ch es
Appellee – adverse party b l

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
Counsel and guardians ad litem in the court an r

Ba
Ch es
bl
Ro
of origin
an Ba
r
Ch es
b l
Ro
an
- considered as counsel and guardians ad Ch
litem in CA

r
Ba
Order of transmittal of record

an
Ro
bl
es
Ba
r
Ch es
- if original record or the record on appeal is

b l
Ro
an Ba
r
Ch es
not transmitted to the CA within 30 days

bl
Ro
an Ba
r
Ch s
le
after the perfection of the appeal

b
Ro
an Ba
r
Ch es
bl
- party may file a motion with the trial court

Ro
an Ba
r
Ch es
b l
Ro
for the transmittal of such record or record Ch
an
on appeal

r
Ba
Docketing in case Ro
bl
es
an Ba
r
Ch
- CA received the from the lower court
an
Ro
b les
r
Ba
Ch es
a. original record or the record on appeal an
Ro
bl
Ba
r
Ch s
le
b. accompanying documents and exhibits an
Ro
b
Ba
r
Ch es
bl
c. proof of payment of docket and other lawful Ch
an
Ro
Ba
r
es
fees an
Ro
bl
Ch

r
Ba
- clerk of court of the CA shall docket the case and
Ro
bl
es
an Ba
r
notify the parties Ch

Ro
b les
an Ba
r
- within 10 days from receipt, appellant files

Ch
Ro
bl
es
an r
approved record on appeal; proof of service upon

Ch
Ro
b le
s
Ba
the appellee
an Ba
r
Ch es
bl
Ro
an r
- unauthorized alteration, omission or addition Ch

Ro
bl
es
Ba
shall be ground for dismissal of the appeal Ch

an

r
Ba
Completion of record an
Ro
bl
es
Ba
r
Ch es
- record is incomplete b l
Ro
an Ba
r
Ch es
bl
- clerk of court of CA informs the said court

Ch
an
Ro
b le
s
Ba
r
and recommends its completion

Ro
an Ba
r
Ch es
bl
Ro
- duty of the said court to take appropriate

an Ba
r
Ch es
b l
Ro
action towards the completion of the record

an
Ch
within the shortest possible time

r
Ba
Dispensing with complete Ro
bl record
es
an Ba
r
- completion of the recordoblcould

Ch e s
not be accomplished
R
within a sufficient a period Ch
an
allotted
le
s
Ba
r
for said purpose due to
b
insuperable or extremely Cdifficult h
an
Ro
causes
Ba
r
es
bl
- court motu proprio or uponhamotion n
R o
Ba
r
C e s
bl
- declare that record and its accompanying an
R o
Ba
r transcripts and
h
exhibits so far available are sufficient to decide the issues
C s
b le
Ro
n
raised in the appeal, and shall issue an order explaining the
a
C h
reason for such declaration

r
Ba
Appellant’s brief Ro
bl
es
an Ba
r
Ch
- 45 days from receipt notice of clerk of court
an
Ro
b les
r
Ba
Ch es
Appellee’s brief an
Ro
bl
Ba
r
Ch s
le
- 45 days from receipt of appellant’s brief an
Ro
b
Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Appellant’s reply brief an

Ro
bl
es
Ba
r
Ch es
- 20 days from receipt of appellee’s brief

b l
Ro
an Ba
r
Ch es
bl
- Appellant may file a reply brief answering

Ch
an
Ro
b le
s
Ba
r
point in the appellee’s brief not covered in

Ro
an Ba
r
Ch es
bl
his main brief

Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Filing of Memoranda in special cases
Ro
bl
es
an Ba
r
Ch
- In Lieu of Brief, MEMORANDA is filed
an
Ro
b les
r
Ba
Ch
- In Certiorari, prohibition, madamus, quo
es
bl
Ro
an Ba
r
warranto, habeas corpus

Ch s
b le
Ro
an Ba
r
Ch es
- Within a non-extendible period of 30 days from an
Ro
bl
Ba
r
Ch
receipt of notice an
Ro
bl
es
Ch
- Failure to file memoranda is ground to dismiss
the appeal

r
Ba
Several appellants or appellees,
Ro
bl
es
each counsel representing
one or more but notChall
an
of bthem
r
Ba
s
le
R o
- serve with only one copy C h

an
of lethes
Ba
r
brief
b
Ro
Several counsel representChone appellant
a n
l es
Ba
r
or appellee,
b
Ro
- serve upon any of them Chan e s
Ba
r
bl
General Rule: No extension ofChtime an
R o
for s
Ba
rthe filing of briefs
e
bl
Exception: for good and sufficient an cause, and
R o
Ch
Only if motion is filed before the expiration of the time

sought to be extended

r
Ba
Contents of appellant’sRobbrief
l es
(in the order indicated):
a. subject index an r
Ba
Ch e s
o bl
b. assignment of errorsChanR e s
Ba
r
bl
c. statement of the case anR o
Ba
r
h
d. statement of the facts C R o bl
es
an r
e. statement of the issues C h
o bl
e s
Ba
f. argument
R
an Ba
r
C h s
e
bl
g. relief an
R o
Ch
h. if not brought by record on appeal, an appendix, copy of
judgment or final order appealed from.

r
Ba
Contents of appellee’s brief (in the order

an
Ro
bl
es
Ba
r
Ch
indicated): an
Ro
b les
Ba
r
Ch es
a. subject index
bl
Ro
an Ba
r
Ch e s
bl
b. statement of facts / counter-statement of

R o
an Ba
r
Ch es
b l
facts
Ro
an Ba
r
Ch es
bl
Ro
c. Arguments
an
Ch
Grounds: question of law or fact

r
Ba
Questions that may be raised on appeal

an
Ro
bl
es
Ba
r
Ch es
- may include in his assignment of errors

b l
Ro
an Ba
r
Ch es
any question of law or fact that has been

bl
Ro
an Ba
r
Ch s
le
raised in the court below and which is with

b
Ro
an Ba
r
Ch es
bl
the issues framed by the parties Ch
an
Ro
es
Ba
r
bl
Ro
an
Ch

r
Ba
A party cannot raise for the first time on appeal an
Ro
bl
es
an Ba
r
issue not raised in the trial court. The rule against

Ch
Ro
b l es
an r
raising new issues on appeal is not without
Ch
Ro
bl
es
Ba
exception; it is a procedural rule that the Court

an r
Ba
Ch s
b le
Ro
may relax when compelling reasons so require or Ch
an
bl
es
Ba
r
when justice requires it. Ch

an
Ro
les
Ba
r
[Commissioner of Internal Revenue

C h
an v. Puregold Duty Free,
Ro
Inc., 760 SCRA 173 (2015)]
Rule 45: Appeal by Certiorari

to Supreme Court
r
Ba
Petition for Review on Certiorari
Ro
bl
es
an Ba
r
Ch
- CA, Sandiganbayan, CTA, RTC to SC an
Ro
b l es
r
Ba
Ch es
- verified an
Ro
bl
Ba
r
Ch s
le
- may include writ of preliminary injunction or an
Ro
b
Ba
r
Ch es
other provisional remedies an
Ro
bl
Ba
r
Ch es
- shall raise only questions of law b l
Ro
an
Ch
- provisional remedies available at any time during

pendency, upon a verified motion

to Supreme Court
r
Ba
Rule 45 petitions may Ronlyob
l raise questions of law. Equally
es
settled however, is thatan

this rule admits of the following
r
Ba
Ch s
b le
Ro
exceptions: Ch
an
e s
Ba
r
bl
(1) when the findings are grounded an
R o
B ar
entirely on speculation,
Ch
surmises or conjectures; R o bl
es
an r
(2) when the inference made is manifestly C h
o bl
e s
Ba
mistaken,
absurd or impossible;
R
an Ba
r
C h s
e
bl
(3) when there is grave abuse of discretion; an
R o
Ch
(4) when the judgment is based on a misapprehension of
facts;

to Supreme Court
r
Ba
(5) when the findings of facts are conflicting;
Ro
bl
es
an r
(6) when in making its findings the [Court of

Ch
Ro
b les
Ba
Appeals] went beyond the issues of the case, or its

an r
Ba
Ch es
bl
Ro
findings are contrary to the admissions of both the
Ch
an
b le
s
Ba
r
appellant and the appellee; Ch

an
Ro
es
Ba
r
bl
(7) when the findings are contrary to the trial court; Ch
an
Ro
Ba
r
es
(8) when the findings are conclusions without an
Ro
bl
Ch
citation of specific evidence on which they are
based;

to Supreme Court
r
Ba
(9) when the facts set Roforth
bl in the petition, as well as in the
es
petitioner's main andChareplyblebriefs, are not disputed by the

n r
Ba
s
Ro
respondent; Ch
an
e s
Ba
r
bl
(10) when the findings ofChfact an
R o
ares Barpremised on the
e
supposed absence of evidence an
R and contradicted by the
o bl
r
Ba
evidence on record; and Ch
R o bl
e s
an Ba
r
(11) When the [Court of Appeals] manifestly C h

o bl
e s
overlooked
R
certain relevant facts not disputedChaby n
the parties, which, if
properly considered, would justify a different conclusion.
[Padilla vs. Airborne Security, 846 SCRA 310 (2017)]

to Supreme Court
r
Ba
Question of Law v. Question of bFact l es
Ro
A question of law arises when an there is Ba
rdoubt as to what the law is on a certain
Ch s
state of facts, while there is a question o bl
e
of fact when the doubt arises as to the
R
truth or falsity of the alleged facts.
Ch
an For as Bquestion ar to be one of law, the same
l e
must not involve an examination of the Ro probative value of the evidence
b
a n r
presented by the litigants or any of h them. The Ba resolution of the issue must rest
C es
bl
solely on what the law provides on the agiven n
Ro
set aof r circumstances. Once it is
h B
clear that the issue invites a review ofC the evidence b le
s
presented, the question
o
posed is one of fact. Thus, the test of whether h
an
R
a question Ba
r is one of law or of
C s
fact is not the appellation given to such question Ro
bby
l e
the party raising the same;
rather, it is whether the appellate court can determine Ch
a n
the issue raised without
reviewing or evaluating the evidence, in which case, it is a question of law;
otherwise it is a question of fact.
[Manila Bulletin vs. Domingo, 830 SCRA 40 (2017)]

to Supreme Court
r
Ba
Time for filing Ro
bl
es
an Ba
r
- 15 days from notice of judgment

Ch
o bl
e s
or final order or
R
resolution or Ch
an
e s
Ba
r
o bl
- Of denial of petitioner’s CMotion for New Trial / MR

R
an Ba
r
h
l es
b
Ro
- SC may grant extension ofCh30 an days e s
Ba on justifiable reasons
r
bl
Congress cannot interfere withChmatters an
R o
s
Ba
rof procedure;
e
hence it cannot alter the scope of Rule an
R o bl
45 appeal so as to
apply to interlocutory “findings” issued Ch
by the Ombudsman.
[Carpio-Morales v. Court of Appeals, 774 SCRA 677 (2015)]

to Supreme Court
r
Ba
How: an
Ro
bl
es
Ba
r
Ch es
1. Verified Petition for Review on Certiorari

b l
Ro
an Ba
r
Ch es
bl
2. Pay docket and other lawful fees to the

Ch
an
Ro
b le
s
Ba
r
SC
Ro
an Ba
r
Ch es
bl
Ro
3. Deposit ₱500 for costs

an Ba
r
Ch es
bl
Ro
an
4. Proof of service of a copy to lower court Ch
and on adverse party

to Supreme Court
r
Ba
Contents: Ro
bl
es
a) full names of parties,

an
WITHOUT impleading the lower
r
Ba
Ch s
b le
Ro
courts/judges Ch
an
e s
Ba
r
bl
b) indicate material dates anR o
Ba
r
h
c) concise statements of matters C
R o bl involved and
es
an r
reasons/arguments relied upon oble C h s
Ba
d) clearly legible copies of judgment or Ba final order/

R
an r
C h s
e
bl
reconsideration or certified true copies h
an
R o
other material
C
portion supporting the record
e) Certificate against forum shopping and verification

to Supreme Court
r
Ba
Upon filing, the SC may an

Ro
bl
es
Ba
r
Ch es
a. Dismiss b l
Ro
an Ba
r
Ch es
bl
1. failure to comply with requirements Ch

an
Ro
b le
s
Ba
r
regarding: payment of the docket and other

Ro
an Ba
r
Ch es
bl
lawful fees, deposit for costs, proof service

Ro
an Ba
r
Ch es
bl
Ro
of the petition, and the contents of Ch
an
documents accompanying the petition

to Supreme Court
r
Ba
2. on its own initiative, on the ground that

an
Ro
bl
es
Ba
r
Ch
appeal is an
Ro
b les
Ba
r
Ch es
1. without merit
bl
Ro
an Ba
r
Ch s
b le
2. prosecuted manifestly for delay

Ro
an Ba
r
Ch es
bl
Ro
3. questions raised therein are too

an Ba
r
Ch es
bl
Ro
unsubstantial to require consideration

an
Ch

to Supreme Court
r
Ba
b. Allow Review Ro
bl
es
an Ba
r
- review is not a matter ofoblright,

Ch e s
but sound judicial
R
discretion Ch
an
e s
Ba
r
o bl
- will be granted only when an there Baare special and important

R
r
h
C
l es
reasons therefor. an
R ob
Ba
r
Ch e s
1. When the court a quo has decided an

R o bl
question
Ba
r substance
h
not determined by the Supreme Court, or has decided it in
C s
b le
Ro
n
a way not in accord with law or with the applicable
a
C h
decisions of the Supreme Court

to Supreme Court
r
Ba
2. When the court a quo has so far departed

an
Ro
bl
es
Ba
r
Ch
from the accepted and usual course of
an
Ro
b les
Ba
r
Ch
judicial proceedings, or so far sanctioned
es
bl
Ro
an Ba
r
Ch
such departure by a lower court, as to call

e s
o bl
R
an Ba
r
Ch
for an exercise of the power of supervision. les

b
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

to Supreme Court
r
Ba
Supreme Court may an

Ro
bl
es
Ba
r
Ch es
- require or allow the filing of pleadings,

b l
Ro
an Ba
r
Ch es
brief, memoranda or documents as it may

bl
Ro
an Ba
r
Ch s
le
deem necessary within such periods,

b
Ro
an Ba
r
Ch es
bl
- impose corresponding sanctions for non-

Ro
an Ba
r
Ch es
bl
Ro
filing or unauthorized filing or non- Ch
an
compliance with the conditions

to Supreme Court
r
Ba
Elevation of record Ro
bl
es
an Ba
r
Ch
- After giving due course to the petition, SC may
an
Ro
b les
r
Ba
require the elevation its records within 15 days
Ch
Ro
bl
es
an Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
General Rule: Mode of appeal applicable in both an
Ro
bl
Ba
r
Ch
civil and criminal an
Ro
bl
es
Ch
Exception: criminal cases where penalty imposed
is death, reclusion perpetua or life imprison

to Supreme Court
r
Ba
Petition for Review on Certiorari v. Petition for
Ro
bl
es
an Ba
r
Certiorari Ch
Ro
b l es
an Ba
r
With regard to the period to file a petition, in Rule

Ch
Ro
bl
es
an r
45, the period within which to file is fifteen (15)

Ch
Ro
b le
s
Ba
days from notice of judgment or final order or

an Ba
r
Ch es
bl
Ro
resolution appealed from. In contrast to Rule 65, an r
Ba
Ch es
b l
Ro
the petition should be filed not later than sixty (60) Ch
an
days from notice of the judgment, order or

resolution.

to Supreme Court
r
Ba
Regarding the subject matter, bl
es a review on certiorari under Rule
Ro
45 is generally limitedChto
an
the lreview
e s
Ba
r
of legal issues; the Court
b
only resolves questions ofhanlaw Ro which Ba
r have been properly raised
by the parties during the appeal bl and in the petition. A Rule 65
C e s
R o
an r
review, on the other hand, is C strictly
h
bl
es confined to the
Ba
determination of the propriety Cof an the trial r court’s jurisdiction –

R o
h Ba
e s
whether it has jurisdiction over the ncase R o bl
and r
if so, whether the
a a
exercise of its jurisdiction has or has Ch notoblebeen s
B
attended by grave
abuse of discretion amounting to lack or excess of jurisdiction.
R
an
C h
Otherwise stated, errors of judgment are the proper subjects of

a Rule 45 petition; errors of jurisdiction are addressed in a Rule
65 petition.

to Supreme Court
r
Ba
The special civil actionRoof bl certiorari under Rule 65 is
es
resorted to only in the an

absence of appeal or any plain,
r
Ba
Ch s
b le
Ro
speedy and adequate remedy Ch
an
e s
in
Ba the ordinary course of law.
r
bl
So when appeal, or a petition an
R o
for Breview ar
is available,
Ch
certiorari cannot be resorted to; R o bl certiorari is not a
es
an r
substitute for a lapsed or lost appeal. C h
o bl
e s
Ba
A Rule 65 certiorari
petition cannot be a substitute Chfor a Rule 45 petition so as
R
an Ba
r
e s
l
to excuse the belatedness in filinghathe correct petition.
b
Ro
n
Where an appeal is available, certiorari will not prosper,

C
even if the ground therefor is grave abuse of discretion.

[Consigna v. People, 720 SCRA 350 (2014)]
Rule 46: Original Cases

r
Ba
Petitioner- party instituting

an
Ro
bl
es
Ba
r
Ch es
Respondent- opposing party b l

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
Original actions filed in CA: an r

Ba
Ch es
bl
Ro
an r
Certiorari, prohibition, mandamus and quo

Ba
Ch es
bl
Ro
an
warranto Ch

r
Ba
Contents and filing of the Ro
bl petition; effect of non-compliance
es
Full names and actual an

address of the parties
r
Ba
Ch s
b le
Ro
Concise statement of the Ch
an matters
e s
Ba
r
involved
bl
Factual background of the acase n
Ro
Ba
r
h
Grounds relied upon for the C
relief
n
R o bl
es
prayed r
for
In action filed under Rule 65- Ch it should indicate material
a Ba
e s
o bl
dates showing:
R
an Ba
r
C h s
e
bl
a. when notice was received an
R o
Ch
b. when a motion for new trial or reconsideration, if any
was filed and
c. when notice of the denial thereof was received

r
Ba
Filing of the Petition Robl es
an Ba
r
a. Proof of Service on Respondent

Ch
o bl
e s
R
an r
b. Accompanied by duplicateobloriginal/certified
C h
e s
Ba
true copy of
judgment/order/resolution/ruling Bsubject of the petition,
R
an ar
h
C
l es
material portions of the record, an

R ob
and Bother ar relevant
Ch s
documents
e
o bl
R
an Ba
r
h
c. Submit certification against forum bshopping
C s
le
R o
an
d. Pay docket and other lawful fees Ch
e. Deposit amount of ₱500 for cost

r
Ba
Jurisdiction over person Ro
bl of respondent
es
an Ba
r
a. by service on the respondent

Ch
o bl
e s
of CA’s order or resolution
R
indicating its initial action Ch
an
on the le
s
Ba
r
petition or
b
Ro
b. by his voluntary submission C h
a n
le
s
Ba
r
b
Ro
an Ba
r
Ch es
bl
Action by the court Ch
an
s
Ba
r
Ro
e
bl
a. Dismiss the petition outright hanR o
b. Require the respondent to file a comment within 10 days

from notice

r
Ba
Determination of Factual Issues Ro
bl
es
an Ba
r
Ch
CA may conduct hearings or delegate the
an
Ro
b l es
r
Ba
reception of evidence to any of its members or to
Ch
Ro
bl
es
an r
an appropriate court, agency or office Ch

Ro
b le
s
Ba
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch
Failure to file comment an
Ro
b les
Ch
- case may be decided on the basis of the record,
- disciplinary action to disobedient party
Rule 47: Annulment of Judgments

or Final Orders and Resolutions
r
Ba
Annulment of Judgments an
Ro
bl
es
Ba
r
Ch es
- Annulment by CA of RTC’s judgments/Final

b l
Ro
an Ba
r
Ch es
orders/Resolutions in civil actions

bl
Ro
an Ba
r
Ch e s
bl
- Ordinary Remedies (motion for new trial,

R o
an Ba
r
Ch es
b l
appeal, petition for relief) are no longer

Ro
an Ba
r
Ch es
bl
Ro
available through no fault of the petitioner Ch
an

r
Ba
Grounds: an
Ro
bl
es
Ba
r
Ch es
a. Extrinsic Fraud b l
Ro
an Ba
r
Ch es
bl
- not have been availed of or could have

Ch
an
Ro
bl
e s
Ba
r
been availed of Motion for New Trial/MR

R o
an Ba
r
Ch es
b l
Ro
b. Lack of Jurisdiction
an Ba
r
Ch es
bl
Ro
an
- subject matter Ch
- parties

r
Ba
Rule 47, Section 2 provides extrinsic fraud and lack
Ro
bl
es
an Ba
r
of jurisdiction as the exclusive grounds for the

Ch
Ro
b les
an r
remedy of annulment of judgment. Case law,
Ch
Ro
bl
es
Ba
however, recognizes a third ground--denial of due

an r
Ba
Ch e s
o bl
process of law. Arcelona v. Court of Appeals

R
an Ba
r
Ch es
b l
teaches that a decision which is patently void may Ch

an
Ro
es
Ba
r
bl
be set aside on grounds of want of jurisdiction or Ch
an
Ro
non-compliance with due process of law.

[Baclaran Marketing vs. Nieva, 823 SCRA 579 (2017)]

r
Ba
It was held that "[g]iven the extraordinary

an
Ro
bl
es
Ba
r
Ch
nature and the objective of the remedy of
an
Ro
b les
Ba
r
Ch
annulment of judgment or final order," a
es
bl
Ro
an Ba
r
Ch
petitioner must comply with the statutory

e s
o bl
R
an Ba
r
Ch
requirements as set forth under Rule 47. les

b
Ro
an Ba
r
Ch es
These are: Ch
an
Ro
bl

r
Ba
(1) The remedy is available only when the

an
Ro
bl
es
Ba
r
Ch
petitioner can no longer resort to the
an
Ro
b les
Ba
r
Ch
ordinary remedies of new trial, appeal,
es
bl
Ro
an Ba
r
Ch
petition for relief or other appropriate

e s
o bl
R
an Ba
r
Ch
remedies through no fault of the petitioner; les

b
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
(2) The grounds for the action of annulment of
Ro
bl
es
an Ba
r
judgment are limited to either extrinsic fraud or

Ch
Ro
b les
an r
lack of jurisdiction; Ch
Ro
bl
es
Ba
an Ba
r
Ch e s
o bl
R
an Ba
r
(3) The action must be filed within four years from Ch

Ro
b les
an r
the discovery of the extrinsic fraud; and if based Ch

Ro
bl
es
Ba
on lack of jurisdiction, must be brought before it is Ch

an
barred by laches or estoppel; and

r
Ba
(4) The petition must be verified, and should
Ro
bl
es
an Ba
r
allege with particularity the facts and the law

Ch
Ro
b les
an r
relied upon for annulment, as well as those
Ch
Ro
bl
es
Ba
supporting the petitioner's good and substantialan r

Ba
Ch e s
o bl
cause of action or defense, as the case may be.

R
an Ba
r
Ch es
b l
Ro
[Baclaran Marketing vs. Nieva, Ch823
an
SCRA
le
s
Ba
r
579 (2017)]
b
Ro
an
Ch

r
Ba
Period of filing an
Ro
bl
es
Ba
r
Ch es
a. if based on extrinsic fraud - 4 years from

b l
Ro
an Ba
r
Ch es
Discovery
bl
Ro
an Ba
r
Ch e s
bl
b. if based on lack of jurisdiction - before it

R o
an Ba
r
Ch es
b l
is barred by laches (inaction) or estoppel

Ro
an Ba
r
Ch es
bl
Ro
(act of recognition) Ch
an

r
Ba
Filing and contents: Ro
bl
es
an Ba
r
Ch
Verified petition an
Ro
b les
r
Ba
Ch es
Attached certified true copy of judgment an
Ro
bl
Ba
r
Ch e s
Affidavits of witnesses or documentary evidence an

R o bl
Ba
r
Ch es
l
Certificate against forum shopping and verification
b
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Action by Court Ro
bl
es
an Ba
r
a. Dismiss Ch
o bl
e s
R
an r
- no substantial merit in the opetition
C h
bl
e s
Ba
R
- petition may be dismissed an
outright with specific reasons
r
h Ba
C es
o bl
R
b. Given Due Course Ch
an
e s
Ba
r
o bl
- prima facie merit found in theChapetition

R
n r
Ba
e s
o bl
Procedure Ch
an
R
- procedure in ordinary civil cases shall be observed

- reception of evidence may be referred to a member of
the court or a judge of RTC

r
Ba
Effect of judgment an
Ro
bl
es
Ba
r
Ch es
a. On ground lack of jurisdiction - set aside

b l
Ro
an Ba
r
Ch es
the question judgment without prejudice of

bl
Ro
an Ba
r
Ch e s
refiling o bl
R
an Ba
r
Ch es
b l
b. On ground of extrinsic fraud - court, on

Ro
an Ba
r
Ch es
bl
Ro
motion, order the trial court to try the case Ch
an
as if a timely motion for new trial has been

granted

r
Ba
General Rule: Prescriptive period for the refiling
Ro
bl
es
an Ba
r
shall be deemed suspended form the filing of the

Ch
Ro
b les
an r
original action until the finality of judgment of
Ch
Ro
bl
es
Ba
annulment an r
Ba
Ch e s
o bl
R
Exception: prescriptive period shall not be

an Ba
r
Ch es
b l
Ro
suspended where the extrinsic fraud is attributable an r
Ba
Ch es
bl
Ro
to plaintiff in the original action Ch
an
Annulment of judgments or final orders of MTC –

shall be filed with RTC

r
Ba
“Consequently, the silence B.P. Blg. 129 on

an
Ro
bl
es
Ba
r
Ch
the jurisdiction of CA to annul judgments or
an
Ro
b les
Ba
r
Ch
final orders and resolutions of quasi-judicial
es
bl
Ro
an Ba
r
Ch
bodies like DARAB indicates its lack of such

e s
o bl
R
an Ba
r
Ch
authority.” les
b
Ro
an Ba
r
Ch es
[Springfield Development Corporation v. RTC of

bl
Ro
an
Ch
Misamis Oriental, 515 SCRA 326, 340 (2007)]
Rule 48: Preliminary

Conference
r
Ba
Preliminary conference Ro
bl
es
an Ba
r
Ch
- any time during the pendency of case, the court
an
Ro
b l es
r
Ba
may call the parties and their counsel to a
Ch
Ro
bl
es
an r
preliminary conference: Ch
Ro
b le
s
Ba
an Ba
r
a. To consider the possibility of an amicable Ch

Ro
bl
es
an r
settlement, except cases not allowed to be Ch

Ro
b les
Ba
compromised; Ch
an
b. To define, simplify and clarify the issues for

determination;

Conference
r
Ba
c. To formulate stipulations of facts and admissions of
Ro
bl
es
an r
documentary exhibits, limit the number of witnesses to
Ch
b les
Ba
Ro
be presented in cases falling within the original
Ch
an
bl
es
Ba
r
jurisdiction of the court, or those within its appellate

Ch
an
Ro
s
Ba
r
le
jurisdiction of the court, or those within its appellate
b
Ro
an Ba
r
Ch es
jurisdiction where a motion for a new trial is granted an
Ro
bl
r
Ba
on the ground of newly discovered evidence; and Ch
Ro
bl
es
an
d. To take up such other matters which may aid the Ch
court in the prompt disposition of the case.

Conference
r
Ba
Resolution issued after Preliminary

an
Ro
bl
es
Ba
r
Ch
Conference an
Ro
b l es
Ba
r
Ch es
- embodying all the actions taken therein,

bl
Ro
an Ba
r
Ch s
le
the stipulations and admissions made, and

b
Ro
an Ba
r
Ch es
bl
the issues defined Ch
an
Ro
les
Ba
r
b
Ro
an
Ch
Rule 49: Oral Argument

r
Ba
When allowed: Ro
bl
es
an Ba
r
- motu proprio or upon motion

Ch
o bl
e s
of a party
R
an r
- court may hear the partiesobin
C h
le oral argument on the merits
s
Ba
of a case, or on any material incident in connection

R
an Ba
r
h
C
l es
therewith an
Rob
Ba
r
Ch e s
bl
- limited to such matters as the acourt n
R o
mayBa
r specify in its
h
order or resolution
C s
b le
Ro
an
Conduct of oral argument Ch
General Rule: Only one counsel may argue for a party

Unless authorized by court
Rule 49: Oral Argument

r
Ba
Duration, sequence of the argumentation and all
Ro
bl
es
an Ba
r
other related matters Ch

Ro
b les
an Ba
r
- shall be directed by the courtCh

Ro
bl
es
an Ba
r
Ch s
b le
Ro
an r
Motions Ch
Ro
bl
es
Ba
an Ba
r
a. Motions shall not be set for hearing, unless the Ch

Ro
bl
es
an
court otherwise directs Ch
b. Adverse party may file objections within 5 days

from service
Rule 50: Dismissal of Appeal

r
Ba
Grounds for dismissal of appeal by CA:
Ro
bl
es
an Ba
r
Ch
a. Failure of the record on appeal to show on its
an
Ro
b les
r
Ba
face that the appeal was taken within the period
Ch
Ro
bl
es
an r
fixed by the Rules; Ch

Ro
b le
s
Ba
an Ba
r
b. Failure to file the notice of appeal or the record Ch

Ro
bl
es
an r
on appeal within the period prescribed by the Ch

Ro
bl
es
Ba
Rules; Ch
an
c. Failure to pay docket and other lawful fees

r
Ba
d. Unauthorized alterations,
Ro
bl
es
omissions or additions in the
approved record on Cappeal
an r
h Ba
e s
o bl
R
e. Failure to serve and Cfile theles Brequired
h
an ar
copies of brief or
b
memorandum within the time C h
an
Ro
provided s
Ba
r by the Rules
l e
f. Absence of specific assignment an

R ob
of Baerrors
r in the
Ch s
appellant’s brief, or of page references to the record
e
o bl
R
an Ba r
Ch
g. Failure to take the necessary steps n
Ro
b for the correction or
l es
completion of the record

a
C h
h. Order or judgment appealed from is not appealable.

r
Ba
The usage of the word may in Section 1 of

an
Ro
bl
es
Ba
r
Ch
Rule 50 indicates the dismissal of the appeal
an
Ro
b les
Ba
r
Ch
upon failure to file the appellant’s brief is
es
bl
Ro
an Ba
r
Ch
not mandatory, but discretionary.

e s
o bl
R
an Ba
r
Ch es
[Diaz v. People, 704 Phil. 146 (2013)] b l

Ro
an Ba
r
Ch es
bl
Ro
an
Ch

r
Ba
Dismissal of improper appeal to the Court of

an
Ro
bl
es
Ba
r
Ch
Appeals an
Ro
b les
Ba
r
Ch es
Appeal Rule 41 from RTC to CA raising only

bl
Ro
an Ba
r
Ch s
le
questions of law = dismiss

b
Ro
an Ba
r
Ch es
bl
Notice of appeal instead of petition for

Ro
an Ba
r
Ch es
bl
Ro
review from appellate judgment RTC to CA Ch
an
= dismiss

r
Ba
Appeal erroneously taken to CA Ro
bl
es
an Ba
r
Ch
- not be transferred to the appropriate court
an
Ro
b l es
r
Ba
Ch es
- but shall be DISMISSED outright an
Ro
bl
Ba
r
Ch s
b le
Ro
an r
Withdrawal of appeal Ch
Ro
bl
es
Ba
an Ba
r
- at any time before the filing of the appellee’s Ch

Ro
b les
an
brief Ch
- if after appellee’s brief – may be allowed in the

discretion of the court
Rule 51: Judgment

r
Ba
A case shall be deemed submitted for judgment:
Ro
bl
es
an Ba
r
Ch
A. In Ordinary Appeals an
Ro
b l es
r
Ba
Ch es
1. No hearing on the merits of the main case is
an
Ro
bl
Ba
r
Ch
held
s
b le
Ro
an Ba
r
Ch es
- upon the filing of last pleadings, brief, or an
Ro
bl
Ba
r
Ch
memorandum required by Rules or the court or an
Ro
b les
Ch
- the expiration of the period of filing
Rule 51: Judgment

r
Ba
2. Hearing is held an
Ro
bl
es
Ba
r
Ch es
- upon its termination or b l

Ro
an Ba
r
Ch es
bl
- upon the filing of last pleadings, brief, or

Ch
an
Ro
b le
s
Ba
r
memorandum required by Rules or the court

Ro
an Ba
r
Ch es
bl
or
Ro
an Ba
r
Ch es
bl
Ro
- the expiration of the period of filing

an
Ch
Rule 51: Judgment

r
Ba
B. In Original Action and Petitions for Review
Ro
bl
es
an Ba
r
Ch
1. No Comment is filed an
Ro
b l es
r
Ba
Ch es
- upon expiration of the period to comment an
Ro
bl
Ba
r
Ch s
le
2. No hearing is held an
Ro
b
Ba
r
Ch es
bl
- upon the filing of last pleading required or Ch
an
Ro
Ba
r
es
permitted to be filed by the court or b l
Ro
an
Ch
- the expiration of the period for its filing
Rule 51: Judgment

r
Ba
3. Hearing on the merits of the main case is held
Ro
bl
es
an Ba
r
- upon its termination orCh

Ro
b l es
an Ba
r
- upon the filing of the last pleading or memorandum

Ch
Ro
bl
es
an r
or Ch
b le
s
Ba
Ro
an r
- the expiration of the period for its filing Ch
bl
es
Ba
Ro
an Ba
r
Who renders judgment: Ch

Ro
b les
an
Members of the court who deliberated on the merits of Ch
the case
Before its assignment to a ponente
Rule 51: Judgment

Quorum and voting in the court r
Ba
Deliberation – participationoblof e s
3 Justice of a division
R
an r
Pronouncement of a judgment/final
Ch
le
s
Ba resolution - unanimous vote of
b
3 justices an
Ro
Ba
r
Ch e s
- if not unanimous vote, clerk enters R o bl
the votes of dissenting Justices
an ar
on record
B
Ch es
o bl
R
- Chairman of the division refersChthe case an Bato Presiding Justice
r
e s
o bl
- Presiding Justice designates 2 Justices C h
an
R
chosen s
Ba
r by raffle from
e
among the members of court to sit temporarily, Ro
bl
forming a special
an
division of 5 Justices Ch
- Special Division deliberates

- concurrence of majority of Special Division is required for the
pronouncement of judgment or final resolution
Rule 51: Judgment

r
Ba
Disposition of a case an
Ro
bl
es
Ba
r
Ch es
CA in exercise of appellate jurisdiction may:

b l
Ro
an Ba
r
Ch es
bl
1. affirm, reverse, or modify the judgment

Ch
an
Ro
b le
s
Ba
r
or final order appealed from, or

Ro
an Ba
r
Ch es
bl
Ro
2. may direct a new trial or further

an Ba
r
Ch es
bl
Ro
proceedings
an
Ch
Rule 51: Judgment

r
Ba
Form of decision an
Ro
bl
es
Ba
r
Ch es
- state the findings of facts and the b l

Ro
an Ba
r
Ch es
conclusions of law on which it is based

bl
Ro
an Ba
r
Ch e s
bl
- which may be contained in the

R o
an Ba
r
Ch es
b l
decision/final resolution or adopted from the

Ro
an Ba
r
Ch es
bl
Ro
decision, order, or resolution appealed from Ch
an
Rule 51: Judgment

r
Ba
General Rule: Harmless error not ground for
Ro
bl
es
an Ba
r
granting new trial or for setting aside, modifying,

Ch
Ro
b l es
an r
or disturbing a judgment or order
Ch
Ro
bl
es
Ba
an r
- no error in either the admission or the exclusion

Ch
Ro
b le
s
Ba
of evidence and
an Ba
r
Ch es
bl
Ro
an r
- no error or defect in any ruling or order or in Ch

Ro
b les
Ba
anything done or omitted by the trial court or by Ch

an
any of the parties

Exception: inconsistent with substantial justice
Rule 51: Judgment

r
Ba
When there are several parties

an
Ro
bl
es
Ba
r
Ch es
- Appealed judgment may be affirmed as to

b l
Ro
an Ba
r
Ch es
some appellants, and

bl
Ro
an Ba
r
Ch s
b le
- reversed as to others, and

Ro
an Ba
r
Ch es
bl
Ro
- the case shall thereafter be proceeded, so

an Ba
r
Ch es
b l
Ro
far as necessary, as if separate actions has

an
Ch
been initiated
Rule 51: Judgment

r
Ba
CA will not consider Robl es
an Ba
r
error which does not affect

Ch
o bl the jurisdiction over the subject
e s
R
matter or C h
an
e s
Ba
r
o bl
Validity of the judgment appealed Ba from or the proceedings

R
an r
h
C es
bl
therein an
R o
Ba
r
Ch e s
bl
Unless: an
R o
Ba
r
C h s
e
1. stated in the assignment of errors, an
R o bl
or
Ch
2. closely related to or dependent on assigned error argued
in the brief
3. plain errors and clerical errors
Rule 51: Judgment

r
Ba
The appellate court is Rclothed
ob
l es
with ample authority to
review rulings, evenChifa theyblesare not assigned as errors on
n r
Ba
Ro
appeal, in the followingChainstances:
n
e s
Ba
r
bl
a. errors affecting jurisdiction h
an
R o
over Ba
r the subject matter;
C es
bl
b. evidently plain or clerical errors; an
R o
Ba
r
Ch e s
bl
c. errors the consideration of which an
R o
is necessary
Ba
r in arriving
h
at a just decision and complete resolution of the case or to
C s
b le
Ro
n
serve the interests of justice or to avoid dispensing
a
C h
piecemeal justice;
Rule 51: Judgment

r
Ba
d. errors raised in the trial court and are matters
Ro
bl
es
an Ba
r
of record having some bearing on the issue

Ch
Ro
b les
an r
submitted which the parties failed to raise or which
Ch
Ro
bl
es
Ba
the lower court ignored; and an r

Ba
Ch s
b le
Ro
f. errors upon which the determination of question

an Ba
r
Ch es
bl
Ro
properly assigned is dependent. an r
Ba
Ch es
bl
Ro
[Martires v. Chua, 694 SCRA 38, 54 (2013)]
a n
Ch
Rule 51: Judgment

r
Ba
Entry of judgment Ro
bl
es
an Ba
r
- If no appeal or Motion for

Ch
o bl New Trial or MR, judgment or
e s
R
final resolution will be entered
C h
an
le
s
Bin
ar
book of entries of
b
judgment h
an
Ro
Ba
r
C es
bl
- date when the judgment orhanfinal R o
resolution
Ba
r shall be
C s
deemed as the date of entry
e
o bl
R
an Ba
r
h
- record shall contain dispositive part bland signed by the
C e s
R o
an
clerk, Ch
- with a certificate that such judgment or final resolution

has become final executory
Rule 51: Judgment

r
Ba
Execution of judgmentRobl es
an Ba
r
1. motion for execution may

Ch
o bl
e s
only be filed after its entry
R
an r
Exception: judgment is immediately
C h
o bl
e s
Ba
executory
R
2. In appealed cases + motion an
for execution pending
r
h Ba
C es
o bl
appeal is filed in CA Ch
an
R
e s
Ba
r
bl
- granting such motion shall beChtransmitted an
R o
s
Ba
r to the lower
e
court from which it originated an
Ro
bl
C h
- with directive for court of origin to issue proper writ for its
enforcement
Rule 52: Motion for

Reconsideration
r
Ba
1. Period for filing– 15 days from notice

an
Ro
bl
es
Ba
r
Ch es
2. No second motion for reconsideration is

b l
Ro
an Ba
r
Ch es
allowed
bl
Ro
an Ba
r
Ch s
b le
3. In CA - MR shall be resolved within 90

Ro
an Ba
r
Ch es
bl
days from the date when court declares it

Ro
an Ba
r
Ch es
b l
Ro
submitted for resolution Ch
an
4. filing of MR shall stay the execution of

judgment
Rule 53: New Trial

r
Ba
Period for filing - Any time after the appeal

an
Ro
bl
es
Ba
r
Ch
from the lower court has been perfected
an
Ro
b l es
Ba
r
Ch
AND before the CA loses jurisdiction over
es
bl
Ro
an Ba
r
Ch
the case
s
b le
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
Ground: newly discovered evidence Ch
an
Rule 53: New Trial

r
Ba
CA may: an
Ro
bl
es
Ba
r
Ch es
a. grant a new trial b l

Ro
an Ba
r
Ch es
bl
b. refuse a new trial Ch

an
Ro
b le
s
Ba
r
Ro
c. make such order, as to the taking of an r

Ba
Ch es
bl
Ro
testimony (orally or by deposition)

an Ba
r
Ch es
b l
Ro
an
d. render such other judgments Ch
Rule 53: New Trial

r
Ba
Resolution – must be resolved within 90

an
Ro
bl
es
Ba
r
Ch
days after it is submitted for resolution
an
Ro
b l es
Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Procedure
Ro
an Ba
r
Ch es
bl
Ro
- same procedure with the new trial in RTC

an Ba
r
Ch es
b l
Ro
an
Unless court otherwise directs Ch
Rule 54: Internal Business

r
Ba
Cases of the CA are allotted
Ro
bl among different divisions.
es
an Ba
r
Ch es
b l
Ro
an r
When CA should sits en bancobl to make proper orders and
Ch es
Ba
rules to govern:
R
an Ba
r
h
C es
o bl
a. the allotment of cases among Ch

an
R
divisions;
e s
Ba
r
bl
b. the constitution of divisions;ChanR o
s
Ba
r
e
bl
c. the regular rotation of Justices;hanR o
d. the filling of vacancies; and

e. other matters relating to the business of the court.
Rule 54: Internal Business

r
Ba
3. What constitutes quorum:
Ro
bl
es
an Ba
r
a. en banc – majority of actual

Ch
o bl
e s
members of the court shall
R
constitute a quorum Chan e s
Ba
r
o bl
b. division – 3 members shall constitute a quorum.

R
an Ba
r
C h s
leb
Ro
an Ba
r
Ch es
bl
4. Number of affirmative votesChnecessary
an
s
Ba
r to pass a Ro
e
resolution/pronounce judgment: anRobl
Ch
a. en banc – affirmative votes of the majority of the
members of those present
b. division – affirmative votes of 3 members.
Rule 55: Publication of Judgments

and Final Resolutions
r
Ba
Published in Official Gazette and in the

an
Ro
bl
es
Ba
r
Ch
Reports an
Ro
b l es
Ba
r
Ch es
SC Decisions shall be called “Philippine

bl
Ro
an Ba
r
Ch s
le
Reports”
b
Ro
an Ba
r
Ch es
bl
CA Decisions shall be called “Court of Appeal

Ro
an Ba
r
Ch es
b l
Ro
Reports” Ch
an
Rule 56: Procedure in the

Supreme Court
r
Ba
A. ORIGINAL CASES Ro
bl
es
an Ba
r
Ch
a. Original cases cognizable by SC – exclusive list:
an
Ro
b l es
r
Ba
Ch es
- Petitions for certiorari, prohibition, mandamus,
an
Ro
bl
Ba
r
quo warranto, habeas corpus;

Ch s
b le
Ro
an Ba
r
Ch es
b. Disciplinary proceedings against judges and an
Ro
bl
Ba
r
Ch
attorneys; an
Ro
b les
Ch
c. Cases affecting ambassadors, other public
ministers, and consuls.

Supreme Court
r
Ba
B. APPEALED CASES an
Ro
bl
es
Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
bl
Appeal to SC is only by Petition for Review

Ch
an
Ro
b le
s
Ba
r
on Certiorari
Ro
an Ba
r
Ch es
bl
Ro
Exception: in criminal cases where the

an Ba
r
Ch es
b l
Ro
penalty imposed is death, reclusion

an
Ch
perpetua, or life imprisonment.

Supreme Court
r
Ba
Grounds for dismissal of appeal by SC (motu

an
Ro
bl
es
Ba
r
proprio or on motion)
Ch es
b l
Ro
an Ba
r
Ch es
a. Failure to take appeal within the

bl
Ro
an Ba
r
Ch s
le
reglementary period;
b
Ro
an Ba
r
Ch es
bl
b. Lack of merit in the petition;

Ro
an Ba
r
Ch es
bl
Ro
c. Failure to pay the requisite docket fee

an
Ch
and other lawful fees or to make deposit for

costs;

Supreme Court
r
Ba
d. Failure to comply with the requirements
Ro
bl
es
an Ba
r
regarding proof of service and contents of and the

Ch
Ro
b les
an r
documents which should accompany the petition;
Ch
Ro
bl
es
Ba
an r
e. Failure to comply with any circular, directive or

Ch
Ro
b le
s
Ba
order of the SC without justifiable cause;

an Ba
r
Ch es
bl
Ro
an r
f. Error in choice or mode of appeal Ch

Ro
bl
es
Ba
an
g. Case is not appealable to the SC Ch

Supreme Court
r
Ba
General Rule: Appeal to Ro
bl SC by notice of appeal shall be
es
dismissed. an r
Ba
Ch e s
o bl
R
Exception: In criminal cases
C h
an
where
le
s
Ba
r
the penalty imposed is
b
death, reclusion perpetuaChor an
Ro
life imprisonment,
s
Ba
r
ble
Ro
an Ba
r
Ch es
l
Appeal by certiorari from RTC toanRSC ob
submitting
Ba
r issues of
h
fact may be referred to the CA for decision or appropriate
C s
b le
Ro
n
action.
a
C h
*The determination of the SC on whether or not issues of

fact are involved shall be final.

Supreme Court
r
Ba
If En Banc is equally divided or if the necessary
Ro
bl
es
an Ba
r
majority cannot be had Ch

Ro
b les
an Ba
r
- case is deliberated again Ch

Ro
bl
es
an Ba
r
Ch
- if still no decision is reached:
s
b le
Ro
an Ba
r
Ch es
a. original action filed in SC –dismissed an
Ro
bl
Ba
r
Ch es
b. appealed cases filed in SC – judgment appealed an
Ro
bl
Ch
from shall stand affirmed
*all incidental matters, the petition, or motion -
denied

Supreme Court
r
Ba
PROVISIONAL REMEDIES Ro
bl
es
an Ba
r
Nature of Provisional Remedies

Ch
o bl
e s
R
an r
- provisional because they constitute
C h
o bl
e s
Ba
temporary measures
availed of during the pendency of Bathe main action and
R
an r
h
C
l es
b
Ro
- ancillary because they are Cmerely h
an
e s
incidents
Ba
r
and are
bl
dependent upon the result of the an
Romain action.
Ba
r
Ch s
[Raymundo v. CA, 213 SCRA 457, 464
e
an
R o bl
(1992)]
Ch
- provisional remedies are not causes of action in
themselves but merely adjuncts to a main suit.
[Estares v. CA, 459 SCRA 604, 618 (2005)]

Supreme Court
r
Ba
Purpose of Provisional Remedies

an
Ro
bl
es
Ba
r
Ch es
a. To preserve or protect their rights orb l

Ro
an Ba
r
Ch es
interests while the main action is pending;

bl
Ro
an Ba
r
Ch s
b le
b. To secure judgment;
Ro
an Ba
r
Ch es
bl
Ro
c. To preserve the status quo; or

an Ba
r
Ch es
b l
Ro
an
d. To preserve the subject matter of the Ch
action

Supreme Court
r
Ba
Court with jurisdiction Rover
ob
l provisional remedies
es
an Ba
r
- the court which has jurisdiction

Ch
ob
le
s
over the main action
R
an Ba
r
Ch es
“Since the RTC has no jurisdiction
Ro
bl
over the Petition x x x
an a r
then it was also devoid ofChany authorityb l es

B
to act on the
Ro
application for the issuance Cof h
an
a writ e s
Ba of preliminary
r
bl
injunction contained in the same C h
an Petition.
R o
s
Ba
r The ancillary and
e
provisional remedy of preliminary injunction an
Ro
bl
cannot exist
except only as an independent action Ch
or proceeding”.
(BF Homes, Inc. v. Manila Electric Company, 636 SCRA
495, 517[2010])

Supreme Court
r
Ba
Provisional remedies under the Rules

an
Ro
bl
es
Ba
r
Ch es
a. Preliminary attachments (Rule 57); b l

Ro
an Ba
r
Ch es
bl
b. Preliminary injunction (Rule 58); Ch

an
Ro
b le
s
Ba
r
Ro
c. Receivership (Rule 59); an r

Ba
Ch es
bl
Ro
an Ba
r
d. Replevin (Rule 60); Ch
an
Ro
b les
Ch
e. Support pendent lite (Rule 61).

Supreme Court
r
Ba
- not an exclusive enumeration Ro
bl
es
an Ba
r
Ch
- may also be availed of in criminal actions
an
Ro
b l es
r
Ba
pursuant to Rule 127 of the Rules of Court
Ch
Ro
bl
es
an Ba
r
Ch
- provisional remedies may also be granted in the
s
b le
Ro
an Ba
r
exercise of the court’s equity jurisdiction (Reyes v. Ch

Ro
bl
es
an r
Lim, 408 SCRA 560, 566-567), where no specific

Ba
Ch es
b l
Ro
provisional remedy is provided for by the Rules in Ch

an
a particular case.

Supreme Court
r
Ba
Deposit as a provisional remedy bl
es in the exercise of equity jurisdiction of
Ro
the court Ch
an
s
Ba
r
e
bl
[Reyes v. Lim, 408 SCRA 560, an
R566-567(2003)]
o
r
h Ba
C s
“ x x x the trial court in the exercise R o bl
e
of its equity jurisdiction may
n r
validly order the deposit of P10million C h
a
down
le
s
Ba payment in court. The
b
purpose of the exercise of equity jurisdiction a n
Ro
Ba
r in this case is to prevent
h
unjust enrichment and to ensure restitution. C
b le
s
Equity jurisdiction aims to
Ro
do complete justice in cases where aChcourt an
ofeslawBa
r
is unable to adapt its
l
judgments to the special circumstances ofanRaobcase because of the
Ch
inflexibility of its statutory or legal jurisdiction. Equity is the principle by
which substantial justice may be attained in cases where the prescribed
or customary forms of ordinary law are inadequate”

Supreme Court
r
Ba
Provisional remedies in criminal cases

an
Ro
bl
es
Ba
r
Ch es
Sec.2. of Rule 127, “When the civil action is

b l
Ro
an Ba
r
Ch es
properly instituted in the criminal action as

bl
Ro
an Ba
r
Ch s
le
provided in Rule 111, the offended party

b
Ro
an Ba
r
Ch es
bl
may have the property of the accused Ch
an
Ro
es
Ba
r
bl
attached as security for the satisfaction of Ch

an
Ro
any judgment that may be recovered from

the accused in the following cases:

Supreme Court
r
Ba
a. When the accused isRoabout bl
es
to abscond from the
Philippines; an r
Ba
Ch e s
bl
b. When the criminal action h
an
R o
is based s
Ba
r on a claim for money or
C
property embezzled or fraudulently misapplied or converted
e
o bl
R
an a r
to the use of the accused who isoblaes public officer, officer of a

B
Ch
R
corporation, attorney, factor, Cbroker, h
an
le
s agent
B ar
or clerk, in the
b
course of his employment as such an or by Bany
Ro
ar other person in a
Ch s
fiduciary capacity, or for a willful violation R o bl
e
of duty;
an
c. When the accused has concealed, Ch removed, or disposed of
his property, or is about to do so; and

d. When the accused resides outside of the Philippines.

Attachment
r
Ba
Attachment is defined as a provisional remedy
Ro
bl
es
an Ba
r
- By which the property of an adverse party is

Ch
Ro
b l es
an r
taken into legal custody, Ch
Ro
bl
es
Ba
- either at the commencement of an action or at

an r
Ba
Ch s
b le
Ro
any time thereafter, Ch
an
bl
es
Ba
r
- as a security for the satisfaction of any judgment Ch

an
Ro
les
Ba
r
that may be recovered by the plaintiff or any

b
Ro
an
Ch
proper party, [Northern Islands Company, Inc. v.

Spouses Garcia, 753 SCRA 603, (2015)]

Attachment
r
Ba
Grant of preliminary attachment

an
Ro
bl
es
Ba
r
Ch es
- discretionary upon the court b l

Ro
an Ba
r
Ch es
bl
- not a matter of right Ch

an
Ro
b le
s
Ba
r
Ro
Construction an r
Ba
Ch es
bl
Ro
an Ba
r
- strictly construed in favor of the defendant Ch
an
Ro
bl
es
Ch
(Watercraft Venture Corporation v. Wolfe, 770
SCRA 179 [2015])

Attachment
r
Ba
Purpose of preliminaryRoattachment
bl
es
an Ba
r
1. to seize the property ofoblthe

Ch e s
debtor in advance of final
R
judgment and to hold itChafor n
purposes
le
s
Ba
r
of satisfying said
b
judgment x x x; or h
an
Ro
Ba
r
C es
bl
2. to acquire jurisdiction overhanthe R o
action Ba
r by actual or
C s
constructive seizure of the property in those instances
e
o bl
R
an a r
where personal or substituted service Ch

b l esof summons on the
B
Ro
defendant cannot be effected x x Cx”. h
a n
[Philippine Commercial International Bank v. Alejandro, 533 SCRA 738,

751 -752 (2007)]

Attachment
r
Ba
When available: an
Ro
bl
es
Ba
r
Ch es
At the commencement of the action or b l

Ro
an Ba
r
Ch es
bl
At any time before entry of judgment Ch

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Who may file: Ch
an
Ro
bl
es
r
Ba
Ch es
A plaintiff or any proper party may have the Ch

an
Ro
bl
property of the adverse party attached as

security for the satisfaction of any judgment

Attachment
r
Ba
[Borja v. Platon, 73 Phil 659, 660, (1942)]
Ro
bl
es
an Ba
r
Ch
“Any Proper Party” – broad enough to refer also to
an
Ro
b les
r
Ba
a defendant who files a counterclaim, cross-claim
Ch
Ro
bl
es
an r
or third-party complaint. Hence, the proper party

Ch
Ro
b le
s
Ba
may also refer to the counter-claimant, cross-

an Ba
r
Ch es
bl
Ro
claimant or the third-party plaintiff as long as the an r
Ba
Ch es
bl
Ro
application for the writ is supported by the proper Ch
an
ground.

Attachment
r
Ba
Kinds of attachments an
Ro
bl
es
Ba
r
Ch es
a. Preliminary attachment b l
Ro
an Ba
r
Ch es
bl
b. garnishment Ch
an
Ro
b le
s
Ba
r
Ro
c. levy on execution to satisfy a final an r

Ba
Ch es
bl
Ro
judgment
an Ba
r
Ch es
b l
Ro
an
Ch

Attachment
r
Ba
Preliminary attachment an
Ro
bl
es
Ba
r
Ch es
- issued at the commencement of the action

b l
Ro
an Ba
r
Ch es
or at any time before entry of the judgment

bl
Ro
an Ba
r
Ch s
le
for the satisfaction of any judgment that

b
Ro
an Ba
r
Ch es
bl
may be recovered. Ch
an
Ro
les
Ba
r
b
Ro
- the court takes custody of the property of Ch
an
the party against whom the attachment is

directed pending litigation

Attachment
r
Ba
Garnishment Ro
bl
es
- specie of attachment an
for blreaching credits belonging to the
r
Ba
Ch e s
Ro
judgment debtor and owing Ch
an toes Bhim
ar from a stranger to the
bl
litigation. an
Ro
Ba
r
h
[Rizal Commercial Banking C
Corporation
n
Ro bl
es
r
v. Castro, 168 SCRA
49, 57(1988)]
a Ba
Ch e s
bl
Ro
- does not involve the actual seizure Ch
an of e s
Bathe property which
r
bl
remains in the hands of third person R called garnishee
o
an
h
- writ of garnishment
C
- Perla Compania De Seguros, Inc. v. Ramolete, 203 SCRA

487, 491, (1991)

Attachment
r
Ba
“xxx garnishment is a forced novation by the
Ro
bl
es
an r
substitution of creditors. The debtor, who is the
Ch
b les
Ba
Ro
original creditor of the garnishee is, through service of
Ch
an
bl
es
Ba
r
writ of garnishment, substituted by the creditor who

Ch
an
Ro
s
Ba
r
le
thereby becomes creditor of the garnishee.
b
Ro
an Ba
r
Ch es
Garnishment has also been described as a warning to an
Ro
bl
r
Ba
a person having in his possession property or credits Ch
Ro
bl
es
an
of the judgment debtor, not to pay the money or Ch
deliver the property to the latter, but rather to appear

and answer the plaintiff’s suit.

Attachment
r
Ba
Levy upon execution Ro
bl
es
an Ba
r
Ch
- process employed after the judgment has
an
Ro
b l es
r
Ba
become executory Ch
Ro
bl
es
an Ba
r
Ch
- by which the property of the judgment obligor is
s
b le
Ro
an Ba
r
set aside and taken into custody of the court Ch

Ro
bl
es
an Ba
r
Ch
- before the sale of the property on execution for an
Ro
b les
the satisfaction of a final judgment Ch
- writ of execution

Attachment
r
Ba
Grounds: Ro
bl
es
an Ba
r
a. Recovery of specified amount

Ch
o bl
e s
of money and damages,
R
except moral or exemplary, Ch
an
where
le
s
Ba
r
party is about to
b
depart from the Philippines C h
an
Ro
withs
Ba
r intent to defraud
e
creditors; an
Ro
bl
r
Ba
Ch s
b. Action for money or property nembezzled or fraudulently
e
o bl
R
a a r
misapplied or converted to his Cown h

useb l es
B
by a public officer,
Ro
or corporate officer, or an attorney, C h
an
factor broker or agent
or clerk in the course of employment as such, or by any
other person in a fiduciary capacity, or for willful violation
of duty;

Attachment
r
Ba
c. Recovery of possession Ro
bl of property unjustly or fraudulently
es
taken, when the property an

isleconcealed or disposed of to
r
Ba
Ch s
b
prevent its being found or an taken;
Ro
Ba
r
Ch s
d. Action against party guiltynRoof fraud in contracting the debt
e
bl
a a r
or incurring the obligation Cor in the es performance thereof;

h B
b l
Ro
e. Action against party who removed Ch
an
le
s
Bor
ar
disposed of his
b
property or is about to do so, with an intent
Ro
Ba
rto defraud his
Ch s
creditors; or R o bl
e
an
f. Action against party who does not Ch reside and is not found
in the Philippines, or on whom summons may be served by

publication

Attachment
r
“Insolvency is not a ground o bl
es for attachment, especially
Ba
when the defendantChhas not Babeen shown to have

R
an r
e s
bl
committed any act intended h
an
R o
toBadefraud
r his creditors. To
C s
authorize an attachment, atnRoleast one of the causes
e
bl
a a r
mentioned in the statute Cmust exist. Mere insolvency x x x

h B
l es
b
Ro
is not a ground for attachment. Ch
an
A bman le
s
Ba
r
may be unable to
pay his debts in full, and still be Ch
andoing Ball
Ro
s
ar in his power to
e
pay them, and so long as he furnishes an
Ro
bl
no statutory cause
of attachment against him, no attachment Ch
will be made
against his Property.
[Aboitiz & Company v. Cotabato Bus Co., 105 SCRA 88, 93 (1981)]

Attachment
r
Ba
Order of Attachment Robl es
an Ba
r
- may be issued either ex oparte

Ch
bl
e s
or upon motion
R
an r
- with notice and hearing oble
C h s
Ba
R
- where the action is pending, an
CA, or SC
r
h Ba
C es
o bl
R
- requires the sheriff to attach Ch
an
so much le
s
Ba
r
of the property in
b
the Philippines of the party against Ch
an
Ro
whom s
Ba
r it is issued
l e
- property must not be exempt from h

an execution
R ob
- purpose is to satisfy applicant’s demand

- several writs may be issued at the same time to the
sheriffs of courts of different judicial regions

Attachment
Writ of Attachment issued in exs Bparte, ar notice and hearing are not
e
mandatory requisites Ro
b l
an r
An application for an orderCh and writ
b le
s
Ba
of attachment may be granted ex
parte because it is possible that an duringBathe
Ro
r course of the hearing, the party
Ch
against whom the writ is sought may o bl dispose of his property or abscond
e s
R
before the writ is issued. It has Cbeen h
an heldes Bthat ar nothing in the Rules of
l
Court makes notice and hearing indispensable Ro
b
and mandatory requisites
an a r
for the issuance of a writ of attachment Ch (Filinvest
b le
s
B
Credit v. Relova, 117
o
SCRA 420, 428, (1982)). As a matter ofhafact n
R
a hearing Ba
r would defeat the
C s
purpose of this provisional remedy. The timeRowhich bl
e
such a hearing would
take, could be enough to enable the defendant Ch
a n
to abscond or dispose of
his property before a writ of attachment issues. Nevertheless, while no
hearing is required by the Rules of Court for the issuance of an
attachment, a motion to quash the writ may not be granted without due
notice to the applicant and only after hearing.

Attachment
r
Ba
Requisites; Contents of the affidavit:
Ro
bl
es
an Ba
r
Ch
a. a sufficient cause of action an
Ro
b les
r
Ba
Ch es
b. case is one of those mentioned as a ground an
Ro
bl
Ba
r
Ch s
le
c. no other sufficient security for the claim and an
Ro
b
Ba
r
Ch es
bl
d. the amount due to the applicant, or the value of Ch
an
Ro
Ba
r
es
the property the possession of which he is entitled an
Ro
bl
Ch
to recover, is as much as the sum for which the
order is granted

Attachment
r
Ba
Existence of a mortgage Ro
bl
es
an Ba
r
Since Sec. 3 of Rule 57 requires

Ch
o bl
e s
that there must be a
R
showing of the insufficiency Ch
an
ofle
s
Bthe
ar
security for the claim
b
sought to be enforced by Cthe h
an
Ro
applicant,s
Ba
r the writ will not be
e
issued if a real mortgage existanRoto bl
secure a r
the obligation
B
even if, instead of filing an action Ch
Ro
for
b le
s
foreclosure, an action
for a sum of money was filed. (Salgado an
v. CA, 128 SCRA
r
h Ba
C e s
o bl
395 [1984]). To justify the issuance Ch

an of the writ preliminary
R
attachment, it must be shown that the security is

insufficient to cover the claim.

Attachment
r
Ba
Remedy of adverse party: Ro
bl
es
Give a bond inChaan amount equal to that fixed in the

n r
Ba
s
b le
order an
Ro
Ba
r
Ch s
Condition of applicant’s bondnRobl
e
a r
Ba
- Party applying for order gives C h
aoblebond
s
R
- in the amount fixed by the court Ch
an
inlesits
Ba
r
order granting the
b
issuance of writ an
Ro
Ba
r
Ch s
- conditioned that the applicant will pay: R o bl
e
an
a. costs which may be adjudged toChthe adverse party and
b. damages which the adverse party may sustain should court
finally adjudged that applicant was not entitled thereto

Attachment
r
Ba
Stages in the grant of preliminary

an
Ro
bl
es
Ba
r
Ch
attachment an
Ro
b les
Ba
r
Ch es
First, the court issues the order granting the

bl
Ro
an Ba
r
Ch s
le
application;
b
Ro
an Ba
r
Ch es
bl
Second, the writ of attachment issues

Ro
an Ba
r
Ch es
bl
Ro
pursuant to the order granting the writ; and Ch
an
Third, the writ is implemented.

Attachment
r
Ba
Jurisdiction over the person
Ro
bl
es
of the defendant is not
necessary in the firstChatwo stages. In the third stage, when
n r
Ba
s
b le
Ro
the writ is to be implemented,
Ch
an
e s
Bthe
ar court must have
bl
acquired jurisdiction over the an
Ro person of the defendant.
Ba
r
h
Without such jurisdiction Chaving R o bl been obtained, the court
es
an r
has no power and authority to actoblin C h
e s
Ba
any manner against
the property of the defendant [ChMangila Ba v. Court of Appeals,
R
an r
e s
bl
387 SCRA 162, 172,( 2002)]. Hence, h
an
R o
the rule provides that
C
no levy on attachment pursuant to the writ of preliminary
attachment shall be enforced without prior or
contemporaneous service of summons.

Attachment
r
Ba
Manner of attaching a Rproperty
ob
l es
an Ba
r
1. Sheriff enforces the writ

Ch
o bl
e s
R
an r
- attaching only so much of the
C h
o bl
e s
Ba
property sufficient to
satisfy applicant’s demandChan
R
r
Ba
es
o bl
- property must be not exempt Ch

an fromBaexecution
R
e s
r
bl
Unless: C h
an
R o
s
Ba
r
e
bl
a. party against whom writ is issued an makes a deposit with
R o
Ch
the court or
b. gives a counter-bond executed to the applicant

Attachment
r
Ba
2. Prior or Contemporaneous Ro
bl
es
service of summons
an Ba
r
General Rule: No writ shall

Ch
o bl be enforced unless it is
e s
R
preceded, or contemporaneously
C h
an
le
s
Ba
r
accompanied by:
b
Ro
a. service of summons, Ch a n
es
Ba
r
o bl
b. complaint, Ch
an
R
e s
Ba
r
bl
c. application for attachment, ChanR o
s
Ba
r
e
bl
d. applicant’s affidavit and bond hanR o
e. order and writ of attachment

*service should be made to the defendant within the
Philippines

Attachment
r
Ba
Exception: Ro
bl
es
an Ba
r
Ch
a. summons could not be served personally or by
an
Ro
b l es
r
Ba
substituted service despite diligent efforts, or
Ch
Ro
bl
es
an Ba
r
Ch
b. defendant is a Philippine resident temporarily
s
b le
Ro
an Ba
r
absent, or Ch
Ro
bl
es
an Ba
r
Ch
c. defendant is non-resident of the Philippines, or an
Ro
b les
Ch
d. action is one in rem or quasi in rem

Attachment
r
Ba
Attachment of Real and
Ro
blPersonal Property
es
an Ba
r
A. Real property, or growing crops thereon, or any interest

Ch
b l es
Ro
therein Ch
an
bl
es
Ba
r
Ro
1. filing with the registry of
C h
an deeds:
es
Ba
r
o bl
(i) a copy of the order, together Ch

an
R
with e s
Ba a description of the
r
bl
property attached, an
R o
Ba
r
C h s
e
(ii) notice that it is attached, or that an
R such real property and
o bl
any interest therein held by or standing Ch

in the name of
such other person are attached, and

Attachment
r
Ba
2. leaving a copy of such order, description, and
Ro
bl
es
an Ba
r
notice with the occupant of the property, if any, or

Ch
Ro
b l es
an r
with such other person or his agent if found within
Ch
Ro
bl
es
Ba
the province. an r
Ba
Ch s
b le
Ro
an Ba
r
Ch es
bl
Ro
an r
B. Personal property capable of manual delivery Ch

Ro
b les
Ba
an
- by taking and safely keeping it in the sheriff’s Ch
custody, after issuing the corresponding receipt

therefor;

Attachment
r
Ba
C. Stocks or shares, or an interest in stocks or
Ro
bl
es
an r
shares, of any corporation or company

Ch
Ro
b l es
Ba
an Ba
r
- by leaving with the president or managing agent

Ch
Ro
bl
es
an r
thereof, Ch
Ro
b le
s
Ba
an Ba
r
1. copy of the writ, and Ch

Ro
bl
es
an Ba
r
Ch
2. notice stating that the stock or interest of the an
Ro
b les
party against whom the attachment is issued is Ch
attached in pursuance of such writ;

Attachment
r
Ba
D. Debts and credits, including
ob
l bank deposits, financial interest,
es
R
royalties, commissions,
Ch and other
an
le
s
Ba
r
personal property not capable
of manual delivery
b
Ro
an Ba
r
h C es
- by leaving with the person owing
an
R such a r
ob
l
debts, or having in his
possession or under his control, such credits or other personal
B
Ch es
b l
Ro
property, or with his agent, Chan e s
Ba
r
bl
1. a copy of the writ, and R o
an Ba
r
C h s
e
bl
2. A notice that the debts owing by him an
R to the party against
o
h
whom attachment is issued, and theC credits and other personal
property in his possession, or under his control, belonging to
said party, are attached in pursuance of such writ;

Attachment
r
Ba
E. Interest of the party whom attachment is issued in
Ro
bl
es
an r
property belonging to the estate of the decedent
Ch
b les
Ba
Ro
an r
1. by serving the executor or administrator or other
Ch
bl
es
Ba
Ro
personal representative of the decedent with a copy of
Ch
an
b le
s
Ba
r
the writ and notice that said interest is attached and

Ch
an
Ro
es
Ba
r
bl
2. By filing a copy of the writ and notice in the office Ch

an
Ro
es
Ba
r
bl
of the clerk of the court in which said estate is being an
Ro
Ch
settled and served upon the heir, legatee or devisee
concerned.

Attachment
r
Ba
Property in custodia legis may be attached

an
Ro
bl
es
Ba
r
Ch
by: an
Ro
b l es
Ba
r
Ch es
a. filing a copy of the writ of attachment

bl
Ro
an Ba
r
Ch s
le
with the proper court or quasi-judicial

b
Ro
an Ba
r
Ch es
bl
agency Ch
an
Ro
les
Ba
r
b
Ro
b. Serving a notice of attachment upon the Ch
an
custodian of the property

Attachment
r
Ba
Effect of attachment of debts, credits and all other
Ro
bl
es
an r
similar property in the hands of 3rd persons
Ch
b l es
Ba
Ro
an r
The 3rd person shall be liable to the applicant for the
Ch
bl
es
Ba
Ro
amount of such credits, debts or other similar
Ch
an
b le
s
Ba
r
property, until the attachment is discharged or any Ch

an
Ro
es
Ba
r
bl
judgment recovered by him is satisfied, an
Ro
Ba
r
Ch es
l
- unless such property is delivered or transferred, or
b
Ro
an
Ch
such debts are paid, to the clerk, sheriff, or other
proper officer of the court issuing the attachment.

Attachment
r
Ba
Effect of attachment ofRobinterest
l es
in property belonging to
the estate of a decedentan r
Ba
Ch e s
o bl
R
- shall not impair the power
C h
an
ofle
s
Bthe
ar
executor, administrator,
b
or other personal representative h
an
Ro
ofBa
r the decedent over such
C es
property for the purpose of administration. an
R o bl
r
Ba
Ch s
- personal representative shall report the attachment to the
e
o bl
R
an a r
court when any petition for distribution Ch

b l es
B
Ro
n
a. distribution may be awarded to such heir, legatee, or
a
C h
devisee
b. but the property attached shall be ordered delivered to
the sheriff making the levy

Attachment
r
Ba
Examination of party whose property is

an
Ro
bl
es
Ba
r
Ch
attached and an
Ro
b l es
Ba
r
Ch es
Persons indebted to him or controlling his

bl
Ro
an Ba
r
Ch s
le
property
b
Ro
an Ba
r
Ch es
bl
- may be examined by the court or by the

Ro
an Ba
r
Ch es
b l
Ro
commissioner appointed by the court Ch
an
- court may order personal property to be

delivered to the clerk or sheriff

Attachment
r
Ba
Sale of attached property Ro
bl
es
Whenever it shall beChmade esto appear to the court in which

a n r
Ba
b l
Ro
the action is pending, upon
Ch
an hearing
e s
Ba
r
with notice to both
bl
parties, that an
Ro
Ba
r
h
(a) the party attached is perishable,
C
n
R o bl
es
orr
that
(b) the interests of all the parties to s the action will be will
a Ba
Ch e
bl
Ro
be subserved by the sale thereof, Ch
an
e s
Ba
r
bl
- the court may order such property an to be sold at public
Ro
Ch
auction in such manner as it may direct, and the proceeds
of such sale to be deposited in court to abide the judgment
in the action.

Attachment
r
Ba
Discharge of attachment upon giving counter-bond
Ro
bl
es
an Ba
r
- after a writ of attachment has been enforced

Ch
Ro
b les
an r
- party whose property has been attached may
Ch
Ro
bl
es
Ba
move for the discharge of the attachment an r

Ba
Ch s
b le
Ro
- movant makes a cash deposit, or a counter-bond Ch
an
bl
es
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an
Ch

Attachment
r
Ba
Grounds for discharge Ro
bl
es
an Ba
r
Ch
(a) Debtor has posted a counter-bond or has made
an
Ro
b les
r
Ba
the requisite cash deposit [Rule 57, Sec. 12];
Ch
Ro
bl
es
an Ba
r
Ch
(b) Attachment was improperly or irregularly
s
b le
Ro
an Ba
r
issued [Rule 57, Sec. 13] as where there is no Ch

Ro
bl
es
an r
ground for attachment, or affidavit and/or bond Ch

Ro
bl
es
Ba
filed therefore are defective or insufficient; Ch

an

Attachment
r
Ba
(c) Attachment is excessive but the discharge shall
Ro
bl
es
an r
be limited to the excess [Rule 57, Sec. 13];

Ba
Ch es
b l
Ro
an Ba
r
(d) Property attached is exempt from execution

Ch
Ro
bl
es
an r
[Rule 57, Sec. 2 and Rule 57, Sec. 5]; Ch

Ro
b le
s
Ba
an Ba
r
(e) Judgment is rendered against the attaching Ch

Ro
bl
es
an r
creditor [Rule 57, Sec. 19]. Ch

Ro
bl
es
Ba
an
Ch

Attachment
r
Ba
Effect of the discharge of attachment

an
Ro
bl
es
Ba
r
Ch es
- the property attached, or the proceeds of

b l
Ro
an Ba
r
Ch es
any sale thereof,

bl
Ro
an Ba
r
Ch e s
bl
shall be delivered to the party making the

R o
an Ba
r
Ch es
b l
deposit or giving the counter-bond, or to the

Ro
an Ba
r
Ch es
bl
Ro
person appearing on his behalf. Ch
an

Attachment
r
Ba
Property claimed by thirdobpersons;
l es
R
an r
a. Remedy of TerceriaCh(Sec. b14, le
s
Ba
Rule 57)
Ro
-Third person makes andChaffidavit
an
e s
Baof his title or right to
r
bl
possession h
an
R o
Ba
r
C es
- served to the sheriff while he has R o bl
possession of the property
an B a r
Ch
- sheriff shall not be bound to keep Rthe o b l es
property under
n r
attachment Ch
a
bl
e s
Ba
o
Unless: attaching party, on demand Cof an the sheriff, file a bond
R
h
*writ of attachment issued in favor of the Republic of the

Philippines, the filing of bond is not required

Attachment
r
Ba
Bond under Sec.14 of Rule 57 v. Bond under Section 3
Ro
bl
es
an r
of Rule 57. Ch
b l es
Ba
Ro
an r
The bond in Sec. 14 of Rule 57 (proceedings where
Ch
bl
es
Ba
Ro
property is claimed by third person) Ch
an
b le
s
Ba
r
Ro
- the purpose of the bond is to indemnify the sheriff Ch
an
bl
es
Ba
r
against any claim by the intervenor to the property Ch

an
Ro
es
Ba
r
l
seized or for damages arising from such seizure, which
b
Ro
an
Ch
the sheriff was making and for which the sheriff was
directly responsible to the third party.

Attachment
r
Ba
The bond in Sec. 3 of Rule 57 (affidavit and bond)
Ro
bl
es
an Ba
r
Ch
- refers to the attachment bond to assure the
an
Ro
b les
r
Ba
return of the defendant’s personal property or the
Ch
Ro
bl
es
an r
payment of damages to the defendant if theCh

Ro
b le
s
Ba
plaintiff’s action to recover possession of the same

an Ba
r
Ch es
bl
Ro
property fails. an r
Ba
Ch es
bl
Ro
[Fort Bonifacio Development Corporation v. Yllas Lending
a n
Ch
Corporation, 567 SCRA 454, 472 (2008)]

Attachment
r
Ba
b. Motion to set aside the levy bl on attachment
es
Ro
The third-[arty claimant Cmay
h
an
also le
s
Binvoke
ar
the court’s authority in the
same case and move for a summary hearing on his claim. Upon
b
Ro
an Ba
r
h
application of the third person C
through b le
s
a motion to set aside the levy
Ro
on attachment, the court shall Corder h
an a esummary
s
Ba
r
hearing for the
l
purpose of determining whether thenRsheriff ob hasr
acted rightly or wrongly
a a
in the performance of his duties inCh the execution b le
s
B
of the writ of
o
attachment. The court may order theChsheriff an
R
to s
Barelease the property
r
e
for, the erroneous levy and to return the same R o bl
to the third person. In
an
resolving the application, the court cannot Ch pass upon the question of
the title to the property with any character of finality but only insofar
as may be necessary to decide if the sheriff has acted correctly or not
[Ching v. Court of Appeals, 423 SCRA 356, 368-369, (2004)]

Attachment
r
Ba
c. Motion for leave to intervene

an
Ro
bl
es
Ba
r
Ch es
- provided no judgment has been rendered b l

Ro
an Ba
r
Ch es
bl
- Under Sec. 2 of Rule 19, a motion for Ch

an
Ro
b le
s
Ba
r
intervention may be filed any time before

Ro
an Ba
r
Ch es
bl
the rendition of judgment by the trial court

Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Attachment
r
Ba
d. Separate Action Ro
bl
es
an Ba
r
- third-party claimant is not

Ch
o bl precluded by Sec. 14 of Rule
e s
R
57 from vindicating hisC claim lto
h
an
e s
Ba the property in the same or
r
b
separate action. h
an
R o
Ba
r
C es
bl
- he may file a separate action an to nullify
R o
Ba
r the levy with
Ch s
damages resulting from the unlawful levy and seizure.
e
o bl
R
an Ba r
Ch
- this action may be a totally distinct n
Ro
baction from the former
l es
case
a
C h
[Ching v. Court of Appeals, 423 SCRA 356, 368-369

(2004)]

Attachment
r
Ba
Satisfaction of Judgment of property attached
Ro
bl
es
an Ba
r
a. By paying to the judgment obligee the proceeds off

Ch
Ro
b l es
an r
all sales Ch
bl
es
Ba
Ro
an r
b. If any balance remains due, by selling so much of
Ch
b le
s
Ba
Ro
the property, real or personal, as may be necessary toCh
an
bl
es
Ba
r
satisfy the balance, Ch

an
Ro
es
Ba
r
b l
c. By collecting from debtors of judgment obligor at Ch

an
Ro
the time of the attachment and paying the proceeds of

such collection over to the judgment obligee.

Attachment
r
Ba
After realizing upon all the property

an
Ro
bl
es
Ba
r
Ch
attached and applying proceeds to the
an
Ro
b l es
Ba
r
Ch
satisfaction of judgment, less the expenses
es
bl
Ro
an Ba
r
Ch
of proceedings of judgment
s
b le
Ro
an Ba
r
Ch
- Any balance – shall remain due, sheriff

es
bl
Ro
an Ba
r
Ch es
must proceed to collect such balance as b l
Ro
an
Ch
upon ordinary execution

- Excess- shall return to judgment obligor

Attachment
r
Ba
Claim for damages on account of improper,

an
Ro
bl
es
Ba
r
Ch
irregular or excessive attachment an
Ro
b les
Ba
r
Ch es
- filed before the trial or before appeal is

bl
Ro
an Ba
r
Ch s
le
perfected or before the judgment becomes

b
Ro
an Ba
r
Ch es
bl
executory Ch
an
Ro
es
Ba
r
bl
Ro
- damages may be awarded only after Ch
an
proper hearing and shall be included in the

judgment on the main case

Attachment
r
Ba
- There is no need for Rfavorable
ob
l es
judgment in favor of the
party against whom Chattachment
an
was issued in order that
r
Ba
s
b le
Ro
damages may be awarded. Ch
an It esisBar indubitable that even a
bl
party who loses the action anbut Ro is ableB ar
to establish a right to
Ch
damages by reason of improper, R o bl irregular, or excessive
es
an r
attachment may be entitled to damages. C h
o bl
e s
Ba
This bolsters the
notion that the claim for damages arising from such
R
an Ba
r
C h s
l e
wrongful attachment may arise and be decided separately

b
Ro
a n
C h
from the merits of the main action”.

[Carlos v. Sandoval, 471 SCRA 266, 289-290, (1997)]

Attachment
r
Ba
- Wrongful attachment, without proof that the
Ro
bl
es
an r
attachment plaintiff acted in bad faith, defendant may
Ch
b l es
Ba
Ro
recover actual damages Ch
an
bl
es
Ba
r
- Wrongful attachment but also malicious attachment,

Ch
an
Ro
s
Ba
r
le
attachment defendant may recover moral damages
b
Ro
an Ba
r
Ch es
and exemplary damages as well. an
Ro
bl
r
Ba
[Spouses Yu v. Ngo Yet Te, 514 SCRA 423, 434-435, Ch
Ro
b les
an
(2007)] Ch

Injunction
r
Ba
Preliminary injunction an
Ro
bl
es
Ba
r
Ch es
- order granted at any stage of an action or

b l
Ro
an Ba
r
Ch es
proceeding
bl
Ro
an Ba
r
Ch s
b le
- prior to judgment or final order,

Ro
an Ba
r
Ch es
bl
Ro
- requiring a party or court, agency or a

an Ba
r
Ch es
b l
Ro
person
an
Ch
- to refrain from a particular act/s

Injunction
r
Ba
Kinds of preliminary injunction Ro
bl
es
an Ba
r
Ch
1. Preliminary prohibitory injunction –an
Ro
b l es
r
Ba
Ch es
- commands one to refrain from doing a particular
an
Ro
bl
Ba
r
Ch
act
s
b le
Ro
an Ba
r
Ch es
2. Preliminary Mandatory injunction an
Ro
bl
Ba
r
Ch es
- commands the performance of some positive act b l
Ro
an
Ch
to correct a wrong in the past,
[Levi Strauss & Co. v. Clinton Apparalle, Inc., 470 SCRA
236, 252(2005)]

Injunction
r
Ba
Preliminary prohibitory injunction v. preliminary
Ro
bl
es
an Ba
r
mandatory Ch
Ro
b les
an Ba
r
a. prohibitory injunction when it requires one from

Ch
Ro
bl
es
an r
a particular act; Ch
Ro
b le
s
Ba
an Ba
r
mandatory injunction commands the performance Ch

Ro
bl
es
an r
of some positive act to correct a wrong in the Ch

Ro
bl
es
Ba
past. Ch
an
[City Government of Butuan v. Consolidated Broadcasting

System, 636 SCRA 320, 336 (2010)]

Injunction
r
Ba
b. In prohibitory injunction,
Ro
bl
es
the act has not yet been
performed because it Ch is restrained
an
or prevented by the
r
Ba
s
b le
o
injunction. Its purpose ChisanRto prevent e s
Ba
r
a future or threatened
bl
injury; the status quo is preserved. an
Ro
Ba
r
h
C es
In mandatory injunction, the aact n
R o bl
hasaralready been
B
performed and this act has violated Ch
Ro
b le the rights of another.
s
Since the act has already been performed, an

the purpose of
r
h Ba
C e s
bl
the injunction is to restore the status quo

R o
an
Ch
3. Who may grant:

- court where the action or proceeding is pending

Injunction
r
Ba
Preliminary injunction Rasob
l an equitable remedy
es
- one who comes toChclaim

an
for equity must do so with clean
r
Ba
s
b le
Ro
hands. Ch
an
e s
Ba
r
[Sps. Nisce v. Equitable PCI-Bank, an

R o bl
B ar
516 SCRA 231, 253-
Ch
255,(2007)] R o bl
es
an r
- It is the “strong arm of equity,” oan C h
bl
e s
Ba
extraordinary
peremptory remedy that must Cbe an used Bawith extreme
R
r
h s
l e
caution, affecting as it does the respective rights of the

b
Ro
an
C h
parities.
[China Banking Corporation v. Sps. Ciriaco, 676 SCRA 132
(2012)]

Injunction
r
Ba
Purpose of preliminary injunction Ro
bl
es
an Ba
r
Ch
- To prevent threatened or continuous irreparable
an
Ro
b l es
r
Ba
injury to parties before their claims can be
Ch
Ro
bl
es
an r
thoroughly studied and adjudicated and during the

Ch
Ro
b le
s
Ba
pendency of an action.
an Ba
r
Ch es
bl
Ro
an r
[Manila International Airport Authority bl
v. Rivera Village Ch es
Ba
o
Lessee Homeowners’ Association,ChIncorporated,
an
R
471 SCRA
357, 379, (2005)]

Injunction
r
Ba
- To preserve the status quo until the merits of the case
Ro
bl
es
can be heard. a n r
Ba
Ch es
b l
Ro
[Liberty Broadcasting Network,
Ch
an
e s
Ba Inc. v. Atlocom Wireless
r
bl
Systems, Inc., 760 SCRA C625, h
an
R o
(2015)] Ba
r
es
bl
- Status quo is defined as thehanlast R o
actual,
Ba
r peaceful, and
C s
uncontested status that precedesnRothe actual controversy,
e
bl
a a r
that which is existing at the time Ch

of the b l es
B
filing of the case.
Ro
an
[Cortez-Estrada v. Heirs of Domingo C h
/ Antonia Samut, 451
SCRA 275, 288-289, (2005)]

Injunction
r
Ba
Status quo order or status quo ante order

an
Ro
bl
es
Ba
r
Ch es
- in the nature of a cease and desist order,

b l
Ro
an Ba
r
Ch es
since it neither directs the doing or undoing

bl
Ro
an Ba
r
Ch s
le
of acts as
b
Ro
an Ba
r
Ch es
bl
in the case of prohibitory or mandatory Ch
an
Ro
les
Ba
r
injunctive relief.
b
Ro
an
Ch

Injunction
r
Ba
- For example, a status quo order to reinstate a person
Ro
bl
es
an r
to his former position as school director and
Ch
b les
Ba
Ro
curriculum administrator and to direct the undoing of
Ch
an
bl
es
Ba
r
an act already consummated is improper. The order is

Ch
an
Ro
s
Ba
r
le
the province of prohibitory or mandatory injunctive
b
Ro
an Ba
r
Ch es
relief and not of a status quo order which is limited an
Ro
bl
r
Ba
only to maintaining the last, actual, peaceable and Ch
Ro
bl
es
an
uncontested state of things which immediately Ch
preceded the controversy.

[Oca v. Custodio, 743 SCRA 545 (2014)]

Injunction
r
Ba
Injunctive writ/ Writ of Preliminary
bl
es Injunction
Ro
an r
- not a judgment on the Ch merits bl
e s
Ba
R o
- based solely on initial and C h
an
incomplete l e s
Ba
r
evidence
b
Ro
- an order granting a preliminary C h
a n injunction
s
Ba
r is not a final
e
resolution or decision disposing the Ro
bl
case.r It is based on a
an Ba
preliminary determination of the Ch
status o bl
e s
quo and on petitioner’s
R
entitlement to the writ. C h
an
e s
Ba
r
bl
- the findings of fact and opinion of ahacourt when issuing the writ
R o
n
C
of preliminary injunction are interlocutory in nature and made
before the trial on the merits is commenced or terminated.
[Recto v. Escaler, 634 SCRA 180, 191 (2010)]

Injunction
Grounds: e s
Ba
r
bl
a. Plaintiff is entitledChto
an
R o
relief s
Ba
rsought which consists in
e
restraining or requiring the an
R o bl
performance a r
of acts, either for
a limited period or perpetually;
B
Ch es
b l
Ro
b. The commission of actsC or non-performance during
a n r
h Ba
es
bl
pendency of litigation wouldChprobably Ba work injustice to the
R o
an r
e s
plaintiff; an
R o bl
Ba
r
h
c. Defendant is doing, threatening, or bl is attempting to do,
C e s
R o
an
or is procuring or suffering to done Ch , some act/s probably
in violation of applicant’s rights respecting the subject of

the action and tending to render judgment ineffectual.

Injunction
r
Ba
“Otherwise stated, for a Writ of Preliminary
Ro
bl
es
an Ba
r
Injunction to issue, the following requisites must

Ch
Ro
b l es
an r
be present, to wit: Ch
Ro
bl
es
Ba
an r
1) the existence of a clear and unmistakable right

Ch
Ro
b le
s
Ba
that must be protected, and

an Ba
r
Ch es
bl
Ro
an r
2) an urgent and paramount necessity for the writ Ch

Ro
b les
Ba
to prevent serious damage. Ch

an
[Cahambing v. Espinosa, 816 SCRA 57 (2017)]

Injunction
r
Ba
Preliminary Injunction or Temporary

an
Ro
bl
es
Ba
r
Ch
Restraining Order may be granted only
an
Ro
b l es
Ba
r
Ch
when
es
bl
Ro
an Ba
r
Ch s
le
a. verified application
b
Ro
an Ba
r
Ch es
bl
b. Bond executed to the person enjoined, in

Ro
an Ba
r
Ch es
b l
Ro
an amount fixed by court Ch
an
Unless: exempted by court

Injunction
r
Ba
c. if application is includedRo
bl in a complaint or any initiatory
es
pleading, an r
Ba
Ch e s
o bl
- the case shall be raffled C h

an only Bafter
R
e s
ar notice and in the
bl
presence of the adverse party an
Ro
Ba
r
h
- preceded or contemporaneous C
R o bl service of summons
es
an r
Exception: C h
o bl
e s
Ba
1. summons cannot be served Cpersonally or by substituted

R
an Ba
r
h s
l e
service despite diligent efforts or hanRo

b
C
2. adverse party is a Philippine resident temporarily absent
d. summary hearing which shall be conducted within 24
hours after sheriff’s return

Injunction
r
Ba
General Rule: No preliminary injunction shall

an
Ro
bl
es
Ba
r
Ch
be granted without hearing and prior notice
an
Ro
b l es
Ba
r
Ch
to the adverse party
es
bl
Ro
an Ba
r
Ch s
le
Exception: Court may issue ex parte a TRO

b
Ro
an Ba
r
Ch es
bl
a. TRO is effective for 20 days if it appears

Ro
an Ba
r
Ch es
b l
Ro
that great or irreparable injury would result Ch
an
to the applicant before the matter can be

heard on notice

Injunction
r
Ba
b. TRO is effective for R72ob
l hours, if the matter is of extreme
es
urgency and applicant an

willblsuffer grave injustice and
r
Ba
Ch e s
Ro
irreparable injury Ch
an
e s
Ba
r
bl
- within which judge mustChacomply n
R o
Ba
rwith service of
es
summons, complaint, affidavitanRand bond, o bl
a r
and hold
B
summary hearing to determine Ch
whether
Ro
b le
s
TRO should be
extended for 20 days. In no case can an
e TRO be longer than
r
h Ba
C s
o bl
20 days including 72 hours. Ch

an
R
c. TRO is effective 60 days if issued by the CA

d. TRO is effective until further orders if issued by the SC

Injunction
r
Ba
Grounds for Objection Rto/Motion
ob
l es
for Dissolution of
Injunction/Restraining an
Order
r
Ba
Ch e s
bl
a. Insufficiency of application R o
an Ba
r
C h s
e
bl
b. other grounds (e.g. applicant’s an
R o
B ar
bond is
Ch
insufficient/defective), upon affidavits n
R o bl
es
r
of the party or
person enjoined
a Ba
Ch e s
bl
Ro
c. although the applicant is entitled to an
e the injunction or
r
h Ba
C s
o bl
restraining order, the issuance thereof Ch

an
R
would cause
irreparable damage to the party/person enjoined, while the
applicant can be fully compensated for such damages as he
may suffer, provided the former files a bond

Injunction
r
Ba
Final injunction granted an

Ro
bl
es
Ba
r
Ch es
- after trial of the action it appears that the

b l
Ro
an Ba
r
Ch es
applicant is entitled to have the act/s

bl
Ro
an Ba
r
Ch s
le
complained of permanently enjoined

b
Ro
an Ba
r
Ch es
bl
- court shall grant final injunction

Ro
an Ba
r
Ch es
bl
Ro
perpetually restraining the person enjoined Ch
an
or confirming the preliminary mandatory

injunction

Injunction
r
Ba
Preliminary injunction v. Main action for

an
Ro
bl
es
Ba
r
Ch
Injunction an
Ro
b les
Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Preliminary Injunction is not a principal

Ro
an Ba
r
Ch es
bl
action and can only exist as an incident to a

Ro
an Ba
r
Ch es
bl
Ro
principal action; while Injunction is a Ch
an
principal action and cause of action

Injunction
r
Ba
Main action for injunction Ro
bl seeks a judgment embodying a
es
final injunction. It isChfinal

an
when it is issued as a judgment
r
Ba
s
b le
Ro
making the injunction permanent.
Ch
an
e s
Ba
r
It perpetually restrains a
bl
person from the commission an
Ro or continuance of an act or
Ba
r
h
confirms the previous preliminary C
n
R o bl
es
mandatory r
injunction.
[BPI v. Hong, 666 SCRA 71,Ch79 (2012)]. It is issued after
a Ba
e s
o bl
trial on the merits, is convincedChathat the Ba applicant is

R
n r
e s
bl
entitled to have the act or acts complained h
an
R o
of permanently
enjoined. [Republic v. Cortez, 769 SCRA 267 (2015)]
C

Injunction
r
Ba
Order granting preliminary injunction are

an
Ro
bl
es
Ba
r
Ch
interlocutory in nature, it may be challenged
an
Ro
b les
Ba
r
by a petition for certiorari under Rule 65. A

Ch es
bl
Ro
an Ba
r
Ch
judgment for a permanent injunction suit

e s
o bl
R
an Ba
r
Ch
should be assailed by a timely appeal. les

b
Ro
an Ba
r
Ch es
[Casilan v. Ibañez, 6 SCRA 590, 592-593(1962)]

bl
Ro
an
Ch
Rule 59: Receivership

r
Ba
A receiver is a person appointed by the court, or in
Ro
bl
es
an Ba
r
this instance, by a quasi-judicial administrative

Ch
Ro
b l es
an r
agency, on behalf of all the parties for the purpose
Ch
Ro
bl
es
Ba
of preserving and conserving the property andan r

Ba
Ch s
b le
Ro
preventing its possible destruction or dissipation, ifCh
an
bl
es
Ba
r
it were left in the possession of any of the parties. Ch

an
Ro
les
Ba
r
[Arranza v. B.F. Homes, Inc., 333 SCRA 799 (2000)] Ch

an
Ro

r
Ba
Appointment of Receiver an
Ro
bl
es
Ba
r
Ch es
How: verified application b l

Ro
an Ba
r
Ch es
bl
Number of Receiver: one or more receiversCh

an
Ro
b le
s
Ba
r
of the property subject of action

Ro
an Ba
r
Ch es
bl
Ro
Where: court where action is pending, the

an Ba
r
Ch es
bl
Ro
CA, or the SC
an
Ch

r
Ba
A receiver is not an agent or representative of any
Ro
bl
es
an Ba
r
party to the action. He is an officer of the court

Ch
Ro
b les
an r
exercising his functions in the interest of neither
Ch
Ro
bl
es
Ba
plaintiff nor defendant, but for the common benefit

an r
Ba
Ch s
b le
Ro
of all the parties in interest. He performs his duties
Ch
an
bl
es
Ba
r
“subject to the control of the Court,” taking Ch

an
Ro
es
Ba
r
bl
cognizance of the receivership proceedings. Ch
an
Ro
[Pacific Merchandising Corporation v. Consolacion

Insurance & Surety Co., 73 SCRA 564, 569-570(1976)]

r
Ba
When receiver may be appointed Ro
bl
es
an Ba
r
a. Party has an interest in the property or fund subject

Ch
Ro
b l es
an r
of the action and such is in danger of being lost,
Ch
bl
es
Ba
Ro
removed, or materially injured; Ch
an
b le
s
Ba
r
Ro
b. Action by mortgagee for foreclosure of mortgage Ch
an
bl
es
Ba
r
when the property is in danger of being wasted or Ch

an
Ro
es
Ba
r
l
materially injured, and that its value is probably
b
Ro
an
Ch
insufficient to discharge the mortgage debt, or that the
parties have stipulated in the contract of mortgage;

r
Ba
c. After judgment, to preserve the property during
Ro
bl
es
an Ba
r
the pendency of the appeal, or to dispose of it, or

Ch
Ro
b les
an r
to aid in execution when execution has been
Ch
Ro
bl
es
Ba
returned unsatisfied or the judgment debtor an r

Ba
Ch s
b le
Ro
refuses to apply his property to satisfy judgment, Ch
an
bl
es
Ba
r
or to carry out the judgment. Ch

an
Ro
es
Ba
r
bl
Ro
d. When appointing one is the most convenient Ch
an
and feasible means to preserve, administer, or

dispose of the property in litigation.

r
Ba
Appointment of receiver only bl in extreme cases
es
Ro
The Court has repeatedly
Ch
an held that
e s
Ba
r
the receivership is a harsh
l
remedy to be granted with autmost n
Ro
b
circumspection
r
and on only in
h Ba
extreme situations. BeforeC appointing b le
s
a receiver, courts should
Ro
consider: C h
an
es
Ba
r
bl
1. whether or not the injury resulting an
R o
fromar such appointment would
h B
probably be greater than the injury C
ensuringb le
s
if the status quo is left
Ro
undisturbed; and Ch
an
e s
Ba
r
bl
2. whether or not the appointment will aimperil n
R o
the interest of others
h
whose rights deserve as much as consideration C
from the court as
those of the person requesting for receivership.
[Tantano and Caboverde v. Espina-Caboverde, 702 SCRA 508
(2013)]

r
Ba
Bond Ro
bl
es
an Ba
r
Ch
- applicant to file a bond an
Ro
b l es
r
Ba
Ch es
- in an amount to be fixed by the court an
Ro
bl
Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Denial of application or discharge of receiver Ch
an
Ro
Ba
r
les
a. adverse party file a bond

b
Ro
an
Ch
b. appointment was obtained without sufficient

cause

r
Ba
Power of Receiver Ro
bl
es
an Ba
r
a. Bring and defend in such

Ch
o bl capacity actions in his own
e s
R
name with leave of court C h
an
e s
Ba
r
o bl
b. Take and keep possession of the property in controversy

R
an Ba
r
h
C
l es
b
Ro
c. Receive rents Ch
an
e s
Ba
r
bl
d. Collect debts due to himself Cas h
an receiver
R o
s
Ba
r or to the fund,
e
property, estate, person, or corporation an
Ro
bl
of which he is the
receiver Ch
e. Compound for and compromise the same

r
Ba
f. Make transfers Ro
bl
es
an Ba
r
g. Pay outstanding debts Ch

Ro
b les
an Ba
r
h. Divide the money and other property that shall

Ch
Ro
bl
es
an r
remain among the persons legally entitled to receive
Ch
b le
s
Ba
Ro
the same’ Ch
an
bl
es
Ba
r
Ro
i. Generally, to do such acts respecting the property as Ch
an
bl
es
Ba
r
the court may authorize Ch

an
Ro
j. Invest funds in his hands, ONLY by order of the

court upon the written consent of all the parties.

r
Ba
The custody of the receiver
Ro
bl
es
is the custody of the court. His
acts and possession Chare
an
the acts and possession of the
r
Ba
s
b le
Ro
court, and his contractsChaand n
liabilities
e s
Ba
r
are, in contemplation
bl
of law, the contracts and liabilitiesan
Ro
B ar
of the court. As a
Ch
necessary consequence, the receiver n
R o bl
es
r
is subject to the
control and supervision of the Ch court s at every step in his
a Ba
e
bl
Ro
management of the property orChanfundsles placed Ba
r
in his hands.
x x x He cannot operate independently of the court, and
b
Ro
a n
C h
cannot enter into any contract without its approval.

[Pacific Merchandising Corporation v. Consolacion Insurance & Surety
Co., Inc., 73 SCRA 564, 57 (1976)]

r
Ba
Liability for refusal or neglect to deliver

an
Ro
bl
es
Ba
r
Ch
property to receiver an
Ro
b les
Ba
r
Ch es
a. Contempt; and
bl
Ro
an Ba
r
Ch s
b le
b. Be liable to the receiver for the money or

Ro
an Ba
r
Ch es
bl
the value of the property and other things

Ro
an Ba
r
Ch es
bl
Ro
so refused or neglected to be surrendered Ch
an
together with damages

r
Ba
Termination of receivership
an
Ro
bl
es
Ba
r
Ch es
a. Ground: The necessity for a receiver no

b l
Ro
an Ba
r
Ch es
longer exists
bl
Ro
an Ba
r
Ch s
b le
b. Procedure
Ro
an Ba
r
Ch es
bl
Ro
1. Motu proprio or on motion of either party

an Ba
r
Ch es
b l
Ro
an
2. Notice to all interested parties and Ch
hearing

r
Ba
c. Effect an
Ro
bl
es
Ba
r
Ch es
1. Settle accounts of receiver b l

Ro
an Ba
r
Ch es
bl
2. Delivery of funds to person entitled Ch

an
Ro
b le
s
Ba
r
Ro
3. Discharge of receiver an r
Ba
Ch es
bl
Ro
an Ba
r
4. Receiver entitled to reasonable Ch
an
Ro
b les
compensation to be taxed as costs against Ch
defeated party.
Rule 60: Replevin

r
Ba
Replevin, broadly understood,Ro
bl
es
is both a form of principal
remedy and of a provisional
an
relief. It may refer either to
r
Ba
Ch s
b le
Ro
the action itself, i.e., toCharegain
n
e s
Bthe
ar possession of personal
bl
chattels being wrongfully detained an
Ro
B ar
from the plaintiff by
Ch
another, or to the provisional nremedy R o bl
es
r
that would allow the
plaintiff to retain the thing during the pendency of the
a Ba
Ch e s
o bl
action and hold it in pendente Clite. The Baaction is primarily

R
an r
h s
e
bl
possessory in nature and generallyhandetermines R o
nothing
C
more than the right of possession”.
[BA Finance Corporation v. Court of Appeals, 258 SCRA 102 (1996)]
Rule 60: Replevin

r
Ba
Replevin is so usually described as a mixed action,
Ro
bl
es
an r
being partly in rem and partly in personam – in rem
Ch
b l es
Ba
Ro
insofar as the recovery of specific property is
Ch
an
bl
es
Ba
r
concerned, and in personam as regards the damages

Ch
an
Ro
s
Ba
r
le
involved. As an “action in rem” the gist of the replevin
b
Ro
an Ba
r
Ch es
is the right of the plaintff to obtain possession of an
Ro
bl
r
Ba
specific personal property by reason of his being the Ch
Ro
b les
an
owner or of his having a special interest therein. Ch
[BA Finance Corporation v. Court of Appeals, 258 SCRA

102(1996)]
Rule 60: Replevin

r
Ba
Purpose: recovery of possession of personal

an
Ro
bl
es
Ba
r
Ch
property an
Ro
b les
Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
When: at the commencement of the action

Ro
an Ba
r
Ch es
bl
or at any time before answer

Ro
an Ba
r
Ch es
bl
Ro
an
Ch
Rule 60: Replevin

r
Ba
Content of Affidavit Robl es
an Ba
r
a. applicant is the owner or

Ch
o bl is entitled to the possession of
e s
R
the property claimed C h
an
e s
Ba
r
o bl
b. property is wrongfully detained Ba by the adverse party

R
an r
h
C es
o bl
c. property has not been taken Ch

an for tax
R
e s
Ba
r
assessment or a fine
l
pursuant to law, or seized underanRaob writBaof r execution or
h
preliminary attachment or placed under custodial legis, or if
C s
b le
Ro
n
so seized, that it is exempt from such seizure or custody
a
C h
d. actual market value of the property
Rule 60: Replevin

Applicant need not be the owner r
Ba
"In a complaint for replevin,
R o bl
e s
the claimant must convincingly
show that he is eitherChthe
an
owner or clearly entitled to the
r
Ba
s
b le
possession of the object sought an
Ro
toBarbe recovered, and that the
Ch s
defendant, who is in actual ornRlegal o b le
possession
r
thereof,
wrongfully detains the same." "Rule es 60 xx x allows a plaintiff, in
a B a
Ch
b l
Ro
an action for the recovery of possession Ch
an
s
Ba of personal property, to
r
e
apply for a writ of replevin if it can anbe R o bl
shown a r
that he is 'the
owner of the property claimed ... Cor is entitled to the possession
h B
l es
b
Ro
thereof’ The plaintiff need not be theChaowner n
so long as he is able
to specify his right to the possession of the property and his
legal basis therefor.”
[Siy vs. Tomlin, 824 SCRA 106 (2017)]
Rule 60: Replevin

r
Ba
Prior demand is not necessary Ro
bl
es
an Ba
r
Ch
Prior demand is not a condition precedent to an
an
Ro
b les
r
Ba
action for a writ of replevin, since there is nothing
Ch
Ro
bl
es
an r
in Section 2, Rule 60 of the Rules of Court that

Ch
Ro
b le
s
Ba
requires the applicant to make a demand on the

an Ba
r
Ch es
bl
Ro
possessor of the property before an action for a an r
Ba
Ch es
bl
Ro
writ of replevin could be filed. Ch
an
[Agner v. BPI Family Savings Bank, Inc., 697 SCRA 89

(2013)]
Rule 60: Replevin

r
Ba
Replevin is not available Ro
bl when the property is under
es
custodia legis, underCha attachment or seized pursuant to law

n r
Ba
s
b le
Ro
[Pagkalinawan v. Gomez, Ch
an
21 SCRA le
s
Ba
r
1275 (1967)]
b
Ro
an Ba
r
Ch s
ble
Ro
Applicant’s Bond Ch
an
e s
Ba
r
bl
Amount is double the value of Cthe
h
an
R o
property s
Ba
r
ble
Ro
an
Court action Ch
Court shall issue an order and corresponding writ of

replevin
Rule 60: Replevin

Duty of the Sheriff e s
Ba
r
o bl
a. serve copy of order to adverse party, with copy of

R
an r
Ba
Ch s
le
application, affidavit and an bond Bar
b
Ro
Ch s
le
b. take the property an
Ro
b
Ba
r
h
C es
c. if property is concealed in building an
R o bl
a r
or enclosure
B
Ch s
1. sheriff must demand delivery nRo b le
r
a Ba
Ch
2. if not delivered, he must cause the bl building or enclosure
e s
R o
an
to be broken open and take the property Ch
3. keep it a secure place

4. responsible for the delivery to the party entitled
Rule 60: Replevin

r
Ba
Remedy of Adverse Party Ro
bl
es
an Ba
r
Ch
1. object to the sufficiency of the applicant’s bond;
an
Ro
b les
r
Ba
but he cannot immediately require the return of
Ch
Ro
bl
es
an r
the property Ch
Ro
b le
s
Ba
an Ba
r
2. if no objection, he may, at any time before the Ch

Ro
bl
es
an r
delivery of the property to the applicant, require Ch

Ro
bl
es
Ba
the return of the property by filing a bond Ch

an
- double the value of the property
Rule 60: Replevin

r
Ba
Sheriff shall deliver the property to the applicant within
Ro
bl
es
an r
5 days after taking the property
Ch
b les
Ba
Ro
- When: Ch
an
bl
es
Ba
r
a. adverse party does not object to the sufficiency of

Ch
an
Ro
s
Ba
r
le
the bond or
b
Ro
an Ba
r
Ch es
b. if the adverse party so objects and the court affirms an
Ro
bl
r
Ba
its approval of applicant’s bond or approves a new Ch
Ro
bl
es
an
bond Ch
- if not delivered, sheriff must return it to the adverse

party
Rule 60: Replevin

r
Ba
Property claimed by third personRo
bl
es
an r
- 3rd person makes an affidavit of his title or right to
Ch
b les
Ba
Ro
possession Ch
an
bl
es
Ba
r
- Sheriff shall not be bound to keep property or deliver

Ch
an
Ro
s
Ba
r
le
it to the applicant
b
Ro
an Ba
r
Ch es
Unless, applicant, on demand of sheriff, files a bond an
Ro
bl
r
Ba
approved by court Ch
Ro
bl
es
an
*When writ of replevin is issued in favor of the Ch
Republic of the Philippines, filing of such bond is not

required
Rule 60: Replevin

r
Ba
Recovery of Damages on Replevin Bond
Ro
bl
es
an Ba
r
Ch
To recover damages on a replevin bond (or
an
Ro
b l es
r
Ba
on a bond for preliminary attachment, injunction
Ch
Ro
bl
es
an r
or receivership), it is necessary Ch
Ro
b le
s
Ba
an Ba
r
(1) that the defendant-claimant has secured a Ch

Ro
bl
es
an r
favorable judgment in the main action, meaning Ch

Ro
b les
Ba
that the plaintiff has no cause of action and was Ch

an
not, therefore, entitled to the provisional remedy

of replevin;
Rule 60: Replevin

r
Ba
(2) that the applicationRobfor
l damages, showing claimant's
es
right thereto and theChaamount thereof, be filed in the same

n r
Ba
s
b le
Ro
action before trial or before
Ch
an appeal
e s
Ba
r
is perfected or before
bl
the judgment becomes executory; an
Ro
Ba
r
h
C es
(3) that due notice be given to an
R the other party and his
o bl
r
Ba
surety or sureties, notice to the principal
Ch
R o bl
e s
not being
sufficient; and an r
h Ba
C e s
o bl
R
(4) that there should be a proper Chhearing and the award an
for damages should be included in the final judgment.

[Development Bank vs. Hon. Carpio, 816 SCRA 473 (2017)]
Rule 61: Support ‘Pendente

Lite’
r
Ba
The Rules of Court provides for the

an
Ro
bl
es
Ba
r
provisional remedy of support pendente lite

Ch es
b l
Ro
an Ba
r
Ch
which may be availed of at the
es
bl
Ro
an Ba
r
Ch
commencement of the proper action or

s
b le
Ro
an Ba
r
Ch
proceeding, or at any time prior to the

es
bl
Ro
an Ba
r
Ch es
judgment or final order. b l
Ro
an
Ch
[Calderon v. Roxas, 688 SCRA 330 (2013)]

Lite’
r
Ba
When to file: an
Ro
bl
es
Ba
r
Ch es
a. at the commencement of the proper b l

Ro
an Ba
r
Ch es
action or
bl
Ro
an Ba
r
Ch s
b le
b. at any time prior to the judgment or final

Ro
an Ba
r
Ch es
bl
order
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

Lite’
r
Ba
Application for support pendente lite

an
Ro
bl
es
Ba
r
Ch es
- verified application b l
Ro
an Ba
r
Ch es
bl
- by any party Ch
an
Ro
b le
s
Ba
r
Ro
- stating the grounds for the claim and the an r

Ba
Ch es
bl
Ro
financial conditions of both parties, and

an Ba
r
Ch es
b l
Ro
an
- accompanied by affidavits, depositions or Ch
other authentic documents

Lite’
r
Ba
Upon verified petition for declaration of absolute
Ro
bl
es
an Ba
r
nullity of void marriage or for annulment of

Ch
Ro
b l es
an r
voidable marriage, or for legal separation, and at
Ch
Ro
bl
es
Ba
any time during the proceeding, the court, motu

an r
Ba
Ch s
b le
Ro
proprio or upon verified application of any of the Ch
an
bl
es
Ba
r
parties, guardian or designated custodian, may Ch

an
Ro
les
Ba
r
temporarily grant support pendente lite prior to

b
Ro
an
Ch
the rendition of judgment or final order.

[Lim-Lua v. Lua, 697 SCRA 237 (2013)]

Lite’
r
Ba
Comment of adverse party Ro
bl
es
an Ba
r
Ch
- 5 days from receipt an
Ro
b l es
r
Ba
Ch es
Unless a different period is fixed by court an
Ro
bl
Ba
r
Ch s
b le
Ro
an Ba
r
Ch es
bl
Hearing Ch
an
Ro
Ba
r
les
- after the comment is filed, or after the expiration

b
Ro
an
Ch
of period of its filing

- set for hearing not more than 3 days

Lite’
r
Ba
Court Action Ro
bl
es
an Ba
r
a. Grants the applicationCh

Ro
b les
an Ba
r
- court shall fix the amount of money, taking into

Ch
Ro
bl
es
an r
account: Ch
b le
s
Ba
Ro
an r
1. the necessities of the applicant and Ch
bl
es
Ba
Ro
an r
2. the resources or means of the adverse party, and Ch
bl
es
Ba
Ro
an
3. the terms of payment or mode for providing support Ch
b. Denies the application

- principal case shall be tried and decided

Lite’
r
Ba
The amount fixed in the order is only

an
Ro
bl
es
Ba
r
Ch
provisional. It is not final in character and
an
Ro
b les
Ba
r
Ch
can be modified depending on the changing
es
bl
Ro
an Ba
r
Ch
conditions affecting the ability of the obligor

s
b le
Ro
an Ba
r
Ch
to pay the amount fixed for support.

es
bl
Ro
an Ba
r
Ch es
[San Juan v. Valenzuela, 117 SCRA 926, 928

bl
Ro
an
Ch
(1982)]

Lite’
r
Ba
Enforcement of order: Robl es
an Ba
r
a. If the adverse party fails

Ch
o bl to comply with an order
e s
R
granting support pendente C h
an
lite e s:Ba
r
o bl
- court issues an order of Chexecution, without prejudice to

R
an Ba
r
l es
liability for contempt an

R ob
Ba
r
Ch e s
r pendente lite
bl
b. If the person ordered to give asupport n
R o
Ba
h
refuses or fails to do so and a 3rd party furnished that
C s
b le
Ro
n
support to the applicant:
a
C h
- 3rd party may obtain a writ of execution to enforce his

right of reimbursement.

Lite’
r
Ba
Support in criminal cases an

Ro
bl
es
Ba
r
Ch es
a. when applicable: b l
Ro
an Ba
r
Ch es
bl
1. in criminal actions where the civil liability

Ch
an
Ro
b le
s
Ba
r
includes support for the offspring as a

Ro
an Ba
r
Ch es
bl
consequence of the crime and

Ro
an Ba
r
Ch es
bl
Ro
2. the civil aspect thereof has not been

an
Ch
waived, reserved or instituted prior to its

filing

Lite’
r
Ba
b. who may file: (in successive order)

an
Ro
bl
es
Ba
r
Ch es
1. offended party b l
Ro
an Ba
r
Ch es
bl
2. her parents Ch
an
Ro
b le
s
Ba
r
Ro
3. grandparents or guardian an r
Ba
Ch es
bl
Ro
an Ba
r
4. State Ch
an
Ro
b les
Ch

Lite’
r
Ba
Restitution an
Ro
bl
es
Ba
r
Ch es
a. When applicable: when the judgment or b l

Ro
an Ba
r
Ch es
final order of the court finds that the person

bl
Ro
an Ba
r
Ch s
le
who has been providing support pendente

b
Ro
an Ba
r
Ch es
bl
lite is not liable therefor. Ch
an
Ro
les
Ba
r
b
Ro
an
Ch

Lite’
r
Ba
b. Court shall order recipient:

an
Ro
bl
es
Ba
r
Ch es
1. return the amounts already paid b l

Ro
an Ba
r
Ch es
bl
2. with legal interest from the dates of Ch

an
Ro
b le
s
Ba
r
actual payment
Ro
an Ba
r
Ch es
bl
Ro
3. without prejudice to the right of the

an Ba
r
Ch es
b l
Ro
recipient to obtain reimbursement in a

an
Ch
separate action from the person legally

obliged to give support.

Lite’
r
Ba
c. If recipient fails to reimburse:

an
Ro
bl
es
Ba
r
Ch es
- person who provided the support may b l

Ro
an Ba
r
Ch es
seek reimbursement in a separate action

bl
Ro
an Ba
r
Ch s
le
from the person legally obliged to give

b
Ro
an Ba
r
Ch es
bl
support. Ch
an
Ro
les
Ba
r
b
Ro
an
Ch
Special Civil Actions

Rule 62: Interpleader
r
Ba
Interpleader is proper Robl es
an Ba
r
Whenever conflicting
Ch
o bl
e claims upon the same subject
s
R
matter are or may be made C h
an
against
le
s
Ba
r
a person who claims
b
no interest whatever in the h
an subject
Ro
Ba
r matter, or an interest
C es
which in whole or in part is not an
R disputed by the claimants,
o bl
r
Ba
he may bring an action against the Ch
R o bl conflicting claimants to
e s
compel them to interplead and litigate an

e their several claims
r
h Ba
C s
o bl
among themselves. Ch
an
R

r
Ba
Procedure an
Ro
bl
es
Ba
r
Ch es
a. filing of the complaint b l

Ro
an Ba
r
Ch es
bl
b. the court shall issue an order requiring

Ch
an
Ro
b le
s
Ba
r
the conflicting claimants to interplead with

Ro
an Ba
r
Ch es
bl
one another
Ro
an Ba
r
Ch es
b l
Ro
c. service of summons to conflicting

an
Ch
claimants

r
Ba
d. Motion to dismiss an
Ro
bl
es
Ba
r
Ch es
- within the time to file an answer b l

Ro
an Ba
r
Ch es
bl
- each claimant may file a Motion to Dismiss

Ch
an
Ro
b le
s
Ba
r
on the ground of impropriety of the

Ro
an Ba
r
Ch es
bl
interpleader action or other appropriate

Ro
an Ba
r
Ch es
bl
Ro
grounds under Rule 16. Ch
an

r
Ba
e. Answer Ro
bl
es
- each claimant an r
Ba
Ch e s
bl
- within 15 days from service h
an
R o
ofs Bsummons
ar
C
- period to file answer is tolled by Motion to Dismiss =
e
o bl
R
an a r
movant may file answer with remaining period but not less
B
Ch es
b l
Ro
than 5 days Ch
an
e s
Ba
r
bl
- parties may file counterclaims, hcross-claims, an
R o
Ba
r third-party
C s
complaints and responsive pleadingsnRoble
a
- failure to plead on time: court, on motion, may declare C h
party in default and render judgment

f. Reply
g. Pre-Trial

r
Ba
Docket and other lawful fees paid by

an
Ro
bl
es
Ba
r
Ch
plaintiff, as well as costs and litigation
an
Ro
b l es
Ba
r
Ch
expenses
es
bl
Ro
an Ba
r
Ch s
le
- constitute as lien or charge upon the

b
Ro
an Ba
r
Ch es
bl
subject matter Ch
an
Ro
les
Ba
r
b
Ro
an
Ch

r
Ba
An action for interpleader is proper when the
Ro
bl
es
an Ba
r
lessee does not know to whom payment of rentals

Ch
Ro
b les
an r
should be made due to conflicting claims on the
Ch
Ro
bl
es
Ba
property (or on the right to collect). The remedy is

an r
Ba
Ch s
b le
Ro
afforded not to protect a person against double Ch
an
bl
es
Ba
r
liability but to protect him against double vexation Ch

an
Ro
es
Ba
r
bl
in respect of one’s liability. Ch
an
Ro
[Pasricha v. Don Luis Dison Reality, Inc., 548 SCRA

273, 290-292 (2008)]
Rule 63: Declaratory Relief and

Similar Remedies
r
Ba
Section 1 of Rule 63 can Ro
bl be dissected into two parts:
es
an Ba
r
a. The first paragraph concerns

Ch
o bl
e s
declaratory relief, which
R
has been defined as a Cspecial
h
an
le
civil
s
Ba
r
action by any person
b
interested under a deed, Cwill, h
an
Ro
contract s
Ba
r or other written
e
instrument or whose rights are an
Ro affected by a statute,
bl
r
Ba
ordinance, executive order or regulation Ch
R o bl
e s
to determine any
question of construction or validity arising an
under the
r
h Ba
C e s
o bl
instrument, executive order or regulation, Ch

an
R
or statute and
for a declaration of his rights and duties thereunder.

Similar Remedies
r
Ba
b. The second paragraph pertains to

an
Ro
bl
es
Ba
r
Ch es
(1)an action for the reformation of an b l

Ro
an Ba
r
Ch es
instrument;
bl
Ro
an Ba
r
Ch s
b le
(2) an action to quiet title; and

Ro
an Ba
r
Ch es
bl
Ro
(3) and action to consolidate ownership in a

an Ba
r
Ch es
b l
Ro
sale with a right to repurchase”.

an
Ch
[Reyes v. Dizon, 628 SCRA 1, 13 (2010)]

Similar Remedies
r
Ba
Declaratory relief is defined as an action by any
Ro
bl
es
an Ba
r
person interested in a deed, will, contract or other

Ch
Ro
b l es
an r
written instrument, executive order or resolution,
Ch
Ro
bl
es
Ba
to determine any question of construction oran r

Ba
Ch s
b le
Ro
validity arising from the instrument, executive Ch
an
bl
es
Ba
r
order or regulation, or statute; and for a Ch

an
Ro
les
Ba
r
declaration of his rights and duties thereunder.

b
Ro
an
Ch
[Monetary Board v. Philippine Veterans Bank, 746

SCRA 508 (2015)]

Similar Remedies
r
Ba
Who may file petition an

Ro
bl
es
Ba
r
Ch es
a. a person interested under a deed, will,

b l
Ro
an Ba
r
Ch es
contract or other written instrument

bl
Ro
an Ba
r
Ch s
b le
b. a person whose rights are affected by a

Ro
an Ba
r
Ch es
bl
statute, executive order or regulation,

Ro
an Ba
r
Ch es
b l
Ro
ordinance or any other governmental Ch
an
regulation

Similar Remedies
r
Ba
Court decisions and decisions
Ro
bl
es
of quasi-judicial agencies
cannot be subjects ofCh petition
an
for declaratory relief for the
r
Ba
s
b le
Ro
simple reason that if a Cparty
h
an ises Bnot
ar agreeable to a decision
bl
either on questions of law aor n
Ro of fact, it may avail of the
Ba
r
h
various remedies providedC by nthe R o bl
es
Rules r
of Court. [Monetary
Board v. Philippine VeteransChBank,oble746 SCRA 508(2015)].
a Ba
s
Another reason why judicial or Chquasi-judicial orders or

R
an Ba
r
e s
l
decisions cannot be the subject matter of declaratory relief
b
Ro
an
h
is the doctrine of judicial stability or noninterference. [DILG

C
v. Gatuz, 772 SCRA 383 (2015)]

Similar Remedies
r
Ba
Declaratory Relief Requisites: Ro
bl
es
an r
a. The subject matter of the controversy must be a
Ch
b l es
Ba
Ro
deed, will, contract or other written instrument,
Ch
an
bl
es
Ba
r
statute, executive order or regulation, or ordinance;

Ch
an
Ro
s
Ba
r
le
b. The terms of said statute or document and the
b
Ro
an Ba
r
Ch es
validity thereof are doubtful and require judicial an
Ro
bl
r
Ba
construction; Ch
Ro
b les
an
c. There must have been no breach of the statute or Ch
document in question;

Similar Remedies
r
Ba
d. There must be an actual justiciable controversy
Ro
bl
es
an Ba
r
or the “ripening seeds” of one between persons

Ch
Ro
b l es
an r
whose interests are adverse; Ch
Ro
bl
es
Ba
an r
e. The issue must be ripe for judicial Ch

Ro
b le
s
Ba
determination; and
an Ba
r
Ch es
bl
Ro
an r
f. Adequate relief is not available through other Ch

Ro
b les
Ba
means or other forms of action or proceeding Ch

an
[Almeda v. Bathala Marketing Industries, Inc., 542 SCRA

470, 478-479 (2008)]

Similar Remedies
r
Ba
Justiciable controversy Ro
bl
es
an Ba
r
Ch
- a definite and concrete dispute, touching on the
an
Ro
b l es
r
Ba
legal relations of parties adverse having legal
Ch
Ro
bl
es
an r
interest Ch
Ro
b le
s
Ba
an Ba
r
- a mere apprehension of an administrative Ch

Ro
bl
es
an r
sanction does not give rise to a justiciable Ch

Ro
b les
Ba
controversy Ch
an
[Bayan Telecommunications, Inc. v. Republic, 513 SCRA

560, 568 (2007)]

Similar Remedies
r
Ba
When to file Ro
bl
es
an Ba
r
Ch
- before breach or violation an
Ro
b l es
r
Ba
Ch es
A petition for declaratory relief may prosper only if
an
Ro
bl
Ba
r
Ch
there is no breach or violation yet of the assailed
s
b le
Ro
an Ba
r
government regulation, and adequate relief is not Ch

Ro
bl
es
an r
available through other means or other forms of Ch

Ro
b les
Ba
action or proceeding. Ch
an
[Department of Finance v. Dela Cruz, 768 SCRA 73 (2015)]

Similar Remedies
r
Ba
Where to file an
Ro
bl
es
Ba
r
Ch es
RTC b l
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
Purpose an r
Ba
Ch es
bl
Ro
an Ba
r
To determine any question of Ch
an
Ro
b les
construction or validity arising and for a Ch
declaration of his rights or duties

Similar Remedies
r
Ba
Parties Ro
bl
es
an Ba
r
a. all persons who have orobleclaim any interest which would

Ch s
R
be affected by the declarationC h
an
e s
Ba
r
o bl
b. If action involves the validity of Ba a statute/executive

R
an r
h
C es
bl
order/regulation/other governmental an
R o
Ba
rregulation, the
Ch s
Solicitor General shall be notified.
e
o bl
R
an Ba
r
h
c. If action involves the validity of anRolocal government
C e s
bl
ordinance, the prosecutor/attorney of the LGU involved

a
C h
shall be notified; if allegations of unconstitutionality of an

ordinance, the Solicitor General

Similar Remedies
r
Ba
Court may refuse to make judicial

an
Ro
bl
es
Ba
r
Ch
declaration: an
Ro
b l es
Ba
r
Ch es
a. where a decision would not terminate the

bl
Ro
an Ba
r
Ch s
le
uncertainty or controversy which gave rise

b
Ro
an Ba
r
Ch es
bl
to the action, or Ch
an
Ro
les
Ba
r
b
Ro
b. where the declaration or construction is Ch
an
not necessary and proper under the

circumstances.

Similar Remedies
r
Ba
Conversion into ordinary action;
Ro
bl
es
an Ba
r
a. Requisites: Ch
Ro
b l es
an Ba
r
1. before the final termination of the case

Ch
Ro
bl
es
an Ba
r
2. a breach or violation of an instrument or a statute,

Ch
Ro
b le
s
an r
executive order or regulation, ordinance, or any other
Ch
bl
es
Ba
Ro
governmental regulation should take place Ch
an
b les
Ba
r
Ro
b. Effect Ch
an
parties shall be allowed to file pleadings as may be

necessary

Similar Remedies
r
Ba
Similar remedies Ro
bl
es
an Ba
r
Reformation of an instrument
Ch
o bl
e s
R
an r
Reformation is a remedy in equity,
C h
o bl
e s
Ba
whereby a written
instrument is made or construed so as express or conform
R
an Ba
r
h
C
l es
to the real intention of the parties, an

R ob
where
Ba
r some error or
Ch s
mistake has been committed. InnRgranting ob
le
r
reformation, the
a a
remedy in equity is not makingCha new b l escontract for the
B
Ro
parties, but establishing and perpetuating Ch
a n
the real contract
between the parties which, under the technical rules of
law, could not be enforced but for such reformation.

Similar Remedies
r
Ba
Requisites: Ro
bl
es
an r
1. there must have been a meeting of the minds of the
Ch
b l es
Ba
Ro
parties to the contract; Ch
an
bl
es
Ba
r
2. the instrument does not express the true intention

Ch
an
Ro
s
Ba
r
le
of the parties; and
b
Ro
an Ba
r
Ch es
3. the failure of the instrument to express the true an
Ro
bl
r
Ba
intention of the parties is due to mistake, fraud, Ch
Ro
b les
an
inequitable conduct or accident . Ch
[(Multi-Ventures Capital v. Stalwart Management Services

Corp., 526 SCRA 420 (2007)]

Similar Remedies
r
Ba
Quieting of Title an
Ro
bl
es
Ba
r
Ch es
Quieting of title is a common lawb l

Ro
an Ba
r
Ch es
remedy for the removal of any cloud upon

bl
Ro
an Ba
r
Ch s
le
or doubt or uncertainty with respect to the

b
Ro
an Ba
r
Ch es
bl
title to real property. Ch
an
Ro
les
Ba
r
[CLT Realty v. Phil-Ville Dev’t., 752 SCRA 289 Ch

an
Ro
(2015)]

Similar Remedies
r
Ba
A “cloud on title” is an outstanding

an
Ro
bl
es
Ba
r
Ch
instrument, record, claim, encumbrance, or
an
Ro
b l es
Ba
r
Ch
proceeding which is actually invalid or
es
bl
Ro
an Ba
r
Ch
inoperative, but which may nevertheless

s
b le
Ro
an Ba
r
Ch
impair or affect injuriously the tile to

es
bl
Ro
an Ba
r
Ch es
property. b l
Ro
an
Ch
[Aquino v. Quaizon, 753 SCRA 98 (2015)]

Similar Remedies
r
Ba
Requisites of Quieting of Title:
Ro
bl
es
an Ba
r
Ch
1. the plaintiff or complainant has a legal or
an
Ro
b l es
r
Ba
equitable title or interest in the real property
Ch
Ro
bl
es
an r
subject of the action; Ch

Ro
b le
s
Ba
an Ba
r
2. the deed, claim, encumbrance, or proceeding Ch

Ro
bl
es
an r
claimed to be casting cloud on his title must be Ch

Ro
b les
Ba
shown to be in fact invalid or inoperative despite Ch

an
its prima facie appearance of validity or legal

efficacy. [Aquino v. Quaizon, 753 SCRA 98 (2015)]
Rule 65: Certiorari, Prohibition

and Mandamus
r
Ba
Writ Certiorari is a Prerogative Writ

an
Ro
bl
es
Ba
r
Ch es
It must be emphasized that a writ of

b l
Ro
an Ba
r
Ch es
certiorari is a prerogative writ, never

bl
Ro
an Ba
r
Ch s
le
demandable as a matter of right, never

b
Ro
an Ba
r
Ch es
bl
issued except in the exercise of judicial Ch
an
Ro
les
Ba
r
discretion.
b
Ro
an
Ch
[Nuque v. Aquino, 762 SCRA 209 (2015)]

and Mandamus
r
Ba
Purpose of Certiorari bl
es
Ro
We remind thatCh the writ
an
e s
Ba of certiorari - being a remedy
r
bl
narrow in scope and inflexible h
an
R o
in character,
Ba
r whose purpose is to
keep an inferior court within the bl bounds of its jurisdiction, or to
C e s
R o
an r
prevent an inferior court from C h
committing bl
es
Ba
such grave abuse of
discretion amounting to excessChof an jurisdiction, or to relieve
R o
r
Ba
s
parties from arbitrary acts of courtsnR(oi.e.
e
bl
, acts r
that courts have
a a
no power or authority in law to perform) Ch
b l e-
s
B
is not a general utility
Ro
tool in the legal workshop, and cannot C h
an be issued to correct every
error committed by a lower court.

[Cruz vs. People, 828 SCRA 685 (2017)]

and Mandamus
r
Ba
Concurrent jurisdictionRoof bl courts in Certiorari
es
an Ba
r
The Court of Appeals’ (CA’s)

Ch
o bl
e s
certiorari jurisdiction is not
R
only original but also concurrent
Ch
an
e s
Ba with Regional Trial Courts
r
bl
(RTC) (under Section 21[1], C h
an Chapter
R o
s
Ba
r II of Batas Pambasa
e
[BP] Blg.129), and Supreme Court an
Ro
bl
(SC) a r
(under Section 5,
B
Article VIII of the 1987 Philippine Ch
Ro
Constitution).
b le
s
In view of
the concurrence of these courts’ jurisdiction an
over petitions
r
h Ba
C e s
bl
for certiorari, the doctrine of hierarchy

o
Ch
an
R
of courts should be
followed.
[Carpio-Morales v. Court of Appeals (Sixth Division), 774 SCRA 431
(2015)]

and Mandamus
r
Ba
Petition for Certiorari; Elements
Ro
bl
es
an Ba
r
Ch
a. There is no appeal available an
Ro
b l es
r
Ba
Ch es
b. There is no plain, speedy, and adequate remedy
an
Ro
bl
Ba
r
Ch
in the ordinary course of law;
s
b le
Ro
an Ba
r
Ch es
c. any tribunal, board, or officer exercising judicial an
Ro
bl
Ba
r
Ch
or quasi-judicial functions an
Ro
b les
Ch
d. has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion
amounting to lack of jurisdiction

and Mandamus
r
Ba
e. an aggrieved person files verified petition

an
Ro
bl
es
Ba
r
Ch es
- alleging facts with certainty and b l

Ro
an Ba
r
Ch es
bl
- praying that judgment be rendered Ch

an
Ro
b le
s
Ba
r
annulling or modifying the proceedings

Ro
an Ba
r
Ch es
bl
of such tribunal, board, or officer, and

Ro
an Ba
r
Ch es
b l
Ro
- granting such incidental reliefs as law and

an
Ch
justice may require

and Mandamus
r
Ba
The remedies of appeal and certiorari are

an
Ro
bl
es
Ba
r
Ch
mutually exclusive, for the special action for
an
Ro
b l es
Ba
r
certiorari, being an extraordinary remedy, is

Ch es
bl
Ro
an Ba
r
Ch
available only if there is a no appeal, or

s
b le
Ro
an Ba
r
Ch
other plain, speedy and adequate remedy in

es
bl
Ro
an Ba
r
Ch es
the ordinary course of law. b l
Ro
an
Ch
[Caluzon v. Llaninllo, 761 SCRA 68 (2015)]

and Mandamus
r
Ba
Certiorari may be considered a proper remedy
an
Ro
bl
es
r
Ba
despite the availability of appeal or other remedy
Ch
Ro
b l es
an r
in the ordinary course of law in the following
Ch
Ro
bl
es
Ba
instances: an r
Ba
Ch s
b le
Ro
"(a) when it is necessary to prevent irreparable

an Ba
r
Ch es
bl
Ro
damages and injury to a party; an r
Ba
Ch es
b l
Ro
(b) where the trial judge capriciously and Ch

an
whimsically exercised his judgment;

and Mandamus
r
Ba
(c) where there may be danger of a failure of
Ro
bl
es
an Ba
r
justice; Ch
Ro
b l es
an Ba
r
(d) where an appeal would be slow, inadequate,

Ch
Ro
bl
es
an r
and insufficient; Ch
Ro
b le
s
Ba
an Ba
r
(e) where the issue raised is one purely of law; Ch

Ro
bl
es
an Ba
r
(f) where public interest is involved; and (g) in Ch
an
Ro
b les
case of urgency." Ch
[Martinez vs. Buen, 822 SCRA 334 (2017)]

and Mandamus
r
Ba
Special civil action is not a substitute
bl
es for appeal
Ro
A party cannot substitute Ch
athe
n
special s
Ba
r
civil action of certiorari under Rule
e
65 of the Rules of Court for the Ro remedy of appeal. The existence and
b l
an Ba
r
availability of the right of appeal are
C h
bl
e antithetical to the availability of
s
o
the special action of certiorari. hRemedies an
R
Ba
rof appeal (including petitions
C es
for review) and certiorari are mutually R o bl exclusive, not alternative and
an r
successive. Hence, certiorari is notCh and cannot le
s
Ba
be a substitute for an
b
appeal, especially if one’s own negligence an
Ro or error in one’s choice of
Ba
r
Ch s
remedy occasioned such loss or lapse. OneRoof bl the requisites of
e
certiorari is that there be no available appeal C h

an
or any plain, speedy and
adequate remedy. Where an appeal is available, certiorari will not
prosper, even if the ground therefor is grave abuse of discretion.
[Punongbayan-Visitacion v. People of the Philippines, G.R. No. 194214,
850 SCRA 222 (2018)]

and Mandamus
r
Ba
A motion for reconsideration is an indispensable
Ro
bl
es
an Ba
r
condition before an aggrieved party can resort to

Ch
Ro
b l es
an r
the special civil action for certiorari under Rule 65
Ch
Ro
bl
es
Ba
of the Rules of Court. This well-established rule is

an r
Ba
Ch s
b le
Ro
intended to afford the public respondent an Ch
an
bl
es
Ba
r
opportunity to correct any actual or fancied error Ch

an
Ro
les
Ba
r
attributed to it by way of re-examination of the

b
Ro
an
Ch
legal and factual aspects of the case.

[Republic of the Philippines vs. O.G. Holdings Corporation,
847 SCRA 31 (2017)]

and Mandamus
r
Ba
Although the filing of a motion for reconsideration is a
Ro
bl
es
an r
condition sine qua non to the filing of a petition for
Ch
obl
es
Ba
certiorari, the rule is subject to the following

R
an Ba
r
Ch es
bl
exceptions: Ch
an
Ro
es
Ba
r
b l
a. where the order is a patent nullity, as where the Ch

an
Ro
s
Ba
r
le
court a quo has no jurisdiction;
b
Ro
an Ba
r
Ch s
le
b. where the questions raised in the certiorari
b
Ro
an
C h
proceeding have been duly raised and passed upon by

the lower court, or are the same as those raised and
passed upon in the lower court;

and Mandamus
r
Ba
c. where there is an urgent necessity for the
Ro
bl
es
an Ba
r
resolution of the question and any further delay

Ch
Ro
b l es
an r
would prejudice the interests of the government or
Ch
Ro
bl
es
Ba
the petitioner or the subject matter of the action is

an r
Ba
Ch s
b le
Ro
perishable; Ch
an
bl
es
Ba
r
Ro
d. where, under the circumstances, a motion for an r
Ba
Ch es
b l
Ro
reconsideration would be useless; Ch
an
e. where petitioner was deprived of due process

and there is extreme urgency for relief;

and Mandamus
r
Ba
f. where, in a criminal Rcase,
ob
l es
relief from an order of arrest is
urgent and the granting an
ofblesuch relief by the trial court is
r
Ba
Ch s
Ro
improbable; Ch
an
e s
Ba
r
bl
g. where the proceedingsChin an the lower
R o
s
Ba
r court are a nullity for
e
lack of due process; an
Ro
bl
r
Ba
Ch
h. where the proceedings were ex parte
s
or in which the
e
o bl
R
an a r
petitioner had no opportunity to Ch

object; b l es
B
and
Ro
an
i. where the issue raised is one purely C h
of law or where
public interest is involved.
[Puerto Azul Land vs. Export Industry Bank, 821 SCRA 89 (2017)]

and Mandamus
r
Ba
While a petition for certiorari is dismissible for
Ro
bl
es
an Ba
r
being the wrong remedy, there are exceptions to

Ch
Ro
b l es
an r
this rule, to wit: Ch
Ro
bl
es
Ba
an r
(a) when public welfare and the advancement of

Ch
Ro
b le
s
Ba
public policy dictates;

an Ba
r
Ch es
bl
Ro
an r
(b) when the broader interest of justice so Ch

Ro
b les
Ba
requires; Ch
an

and Mandamus
r
Ba
(c) when the writs issued are null and void;

an
Ro
bl
es
Ba
r
Ch
or an
Ro
b l es
Ba
r
Ch es
(d) when the questioned order amounts to

bl
Ro
an Ba
r
Ch s
le
an oppressive exercise of judicial authority.

b
Ro
an Ba
r
Ch es
bl
[Butuan Development Corp. vs. The Twenty-First Ch

an
Ro
les
Ba
r
Division of the Honorable Court of Appeals, 822

b
Ro
an
Ch
SCRA 352 (2017)]

and Mandamus
r
Ba
We reiterated the doctrine in Ching v. Secretary of
Ro
bl
es
an r
Justice that the acts of a quasi-judicial officer may

Ch
Ro
b l es
Ba
an r
be assailed by the aggrieved party through a
Ch
Ro
bl
es
Ba
petition for certiorari and enjoined an r

Ba
Ch s
b le
Ro
(a) when necessary to afford adequate protection

an Ba
r
Ch es
bl
Ro
to the constitutional rights of the accused; an r
Ba
Ch es
b l
Ro
(b) when necessary for the orderly administration Ch

an
of justice;

and Mandamus
r
Ba
(c) when the acts of the officer are without or in
Ro
bl
es
an Ba
r
excess of authority; Ch
Ro
b l es
an Ba
r
(d) where the charges are manifestly false and

Ch
Ro
bl
es
an r
motivated by the lust for vengeance; and Ch

Ro
b le
s
Ba
an Ba
r
(e) when there is clearly no prima facie case Ch

Ro
bl
es
an r
against the accused. Ch

Ro
b les
Ba
an
[Ient vs. Tullet Prebon (Philpiines) Inc., 814 SCRA 184 Ch
(2017)]

and Mandamus
r
Ba
Rule 65 certiorari v. Rule 45 petition for review on
Ro
bl
es
an r
certiorari Ch
Ro
b l es
Ba
an Ba
r
A petition for certiorari under Rule 65 is an

Ch
Ro
bl
es
an r
original action. It is independent of the action that

Ch
Ro
b le
s
Ba
gave rise to the assailed ruling. In contrast, a

an Ba
r
Ch es
bl
Ro
petition for review on certiorari under Rule 45 is a an r
Ba
Ch es
b l
Ro
mode of appeal. Ch
an
[Manalo v. Ateneo de Naga University, 774 SCRA 110

(2015)]

and Mandamus
r
Ba
A petition for certiorari under Rule 65 is

an
Ro
bl
es
Ba
r
Ch
proper to correct errors of jurisdiction
an
Ro
b l es
Ba
r
Ch
committed by the lower court, or grave
es
bl
Ro
an Ba
r
Ch
abuse of discretion which is tantamount to

s
b le
Ro
an Ba
r
Ch
lack of jurisdiction. This remedy can be

es
bl
Ro
an Ba
r
Ch es
availed of when “there is no appeal, or any b l
Ro
an
Ch
plain speedy, and adequate remedy in the

ordinary course of law.”

and Mandamus
r
Ba
Appeal by certiorari under Rule 45 of the

an
Ro
bl
es
Ba
r
Ch
Rules of Court, on the other hand, is a mode
an
Ro
b l es
Ba
r
Ch
of appeal to a party desiring raise only
es
bl
Ro
an Ba
r
Ch
question of law from a judgment or final

s
b le
Ro
an Ba
r
Ch
order or resolution of the Court of Appeals,

es
bl
Ro
an Ba
r
Ch es
other courts whenever authorized by law. b l
Ro
an
Ch
[De Guzman v. Filinvest Development Corp., 746

SCRA 65 (2015)]

and Mandamus
r
Ba
Grave abuse of discretion Ro
bl
es
an Ba
r
Ch
As a rule, a petition for certiorari under Rule
an
Ro
b l es
r
Ba
65 of the Rules of Court is valid only when the
Ch
Ro
bl
es
an r
question involved is an error of jurisdiction, or

Ch
Ro
b le
s
Ba
when there is grave abuse of discretion amounting

an Ba
r
Ch es
bl
Ro
to lack or excess of jurisdiction on the part of the an r
Ba
Ch es
b l
court or tribunals exercising quasi-judicial

Ro
an
Ch
functions.
[Ignacio vs. Reyes, 831 SCRA 100 (2017)]

and Mandamus
r
Ba
Grave abuse of discretion Ro
bl has been defined as such
es
capricious and whimsicalan

exercise of judgment as is
r
Ba
Ch s
b le
Ro
equivalent to lack of jurisdiction.
Ch
an
e s
Ba
r
The abuse of discretion
bl
must be grave as where the an
Ro power is exercised in an
Ba
r
h
arbitrary or despotic manner C
by R o bl reason of passion or
es
an r
personal hostility and must be so opatent C h
bl
e s
Ba
and gross as to
amount to an evasion of positive an duty or to a virtual refusal
R
r
h Ba
C e s
l
to perform the duty enjoined by orhanto act at all in
b
Ro
C
contemplation of law. "Capricious," usually used in tandem
with the term "arbitrary," conveys the notion of willful and
unreasoning action.

and Mandamus
r
Ba
Grave abuse of discretion refers not merely to
Ro
bl
es
an Ba
r
palpable errors of jurisdiction; or to violations of

Ch
Ro
b l es
an r
the Constitution, the law and jurisprudence. It also
Ch
Ro
bl
es
Ba
refers to cases in which, for various reasons, there

an r
Ba
Ch s
b le
Ro
has been a gross misapprehension of facts. It is Ch
an
bl
es
Ba
r
on this score that questions of fact may inevitably Ch

an
Ro
les
Ba
r
be raised.
b
Ro
an
Ch
[Chiang vs. Philippine Long Distance Telephone Company,

845 SCRA 525 (2017)]

and Mandamus
r
Ba
For a special civil action bl for certiorari to prosper, the
es
Ro
following requisites mustan
concur:
r
Ba
Ch e s
o bl
R
1. it must be directed against
C h
an
e
as
Ba tribunal, board, or officer
r
bl
exercising judicial or quasi-judicial h
an
R o
Ba
rfunctions;
C es
bl
2. the tribunal, board, or officer an
R o
must Ba
r have acted without
Ch s
or in excess of jurisdiction; and nRobl
e
a r
Ba
Ch
3. there is no appeal or any plain, speedy, and adequate
e s
o bl
R
n
remedy in the ordinary course of law.
a
C h
[Clark Investors and Locators Association, Inc. v. Secretary of Finance,

761 SCRA 586 (2015)]

and Mandamus
r
Ba
A writ of certiorari or prohibition cannot also be issued
Ro
bl
es
an r
against the Judicial and Bar Council (JBC) as the
Ch
b l es
Ba
Ro
remedy of certiorari can only be used against a
Ch
an
bl
es
Ba
r
tribunal, board or officer exercising judicial or quasi-

Ch
an
Ro
s
Ba
r
le
judicial functions while the remedy of prohibition can
b
Ro
an Ba
r
Ch es
only be used against any tribunal, corporation, board, an
Ro
bl
r
Ba
officer, or person exercising judicial, quasi-judicial, or Ch
Ro
b les
an
ministerial functions. Ch
[Villanueva v. Judicial and Bar Council, 755 SCRA 182

(2015)]

and Mandamus
r
Ba
Judicial Courtesy Ro
bl
es
an Ba
r
The principle of judicial courtesy

Ch
o bl
e s
to justify the suspension
R
of the proceedings before Ch
an
theleslower Ba
r
court even without an
b
injunctive writ or order from C h
an the higher
Ro
s
Ba
r court. In that case,
e
we pronounced that “[d]ue respect an
Ro
bl
for
a r
the Supreme Court
B
and practical and ethical considerations Ch
Ro
b le
s
should have
prompted the appellate court to waitblfor an
the final
r
h Ba
C e s
o
determination of the petition [for Ccertiorari] h
an
R
before taking
cognizance of the case and trying to render moot exactly
what was before this Court.”

and Mandamus
r
Ba
The principle of judicial courtesy applies

an
Ro
bl
es
Ba
r
Ch
only “if there is a strong probability that the
an
Ro
b l es
Ba
r
Ch
issues before the higher court would be
es
bl
Ro
an Ba
r
Ch
rendered moot and moribund as a result of

s
b le
Ro
an Ba
r
Ch
the continuation of the proceeding d in the

es
bl
Ro
an Ba
r
Ch es
lower court.” b l
Ro
an
Ch
[Sara Lee Philippines, Inc. v. Macatlang, 745 SCRA

687 (2015)]

and Mandamus
r
Ba
Petition for ProhibitionRobl es
an Ba
r
a. there is no appeal available

Ch
o bl
e s
R
an r
b. there is no plain, speedy, oand
C h
bl
e s
Ba
adequate remedy in the
ordinary course of law Chan
R
r
Ba
es
o bl
c. any tribunal, corporation, Cboard, h

an
R
e s
officer
Ba
r
or person,
bl
whether exercising judicial, quasi-judicial an
Ro
Ba
r or ministerial
h
functions, and
C s
b le
Ro
an
d. its proceedings are without or in Ch
excess of its
jurisdiction, or with grave abuse of discretion amounting to
lack or excess jurisdiction

and Mandamus
r
Ba
e. an aggrieved person files a verified petition
Ro
bl
es
an Ba
r
Ch
- alleging facts with certainty andan
Ro
b l es
r
Ba
Ch es
- praying that judgment be rendered an
Ro
bl
Ba
r
Ch
commanding the respondent to desist from
s
b le
Ro
an Ba
r
further proceedings in the action or matter Ch

Ro
bl
es
an r
specified therein, Ch
Ro
b les
Ba
an
- otherwise granting such incidental relief as law Ch
and justice may require

and Mandamus
r
Ba
Prohibition is defined as an extraordinary remedy
Ro
bl
es
an r
available to compel any tribunal, corporation, board, or
Ch
b l es
Ba
Ro
person exercising judicial or ministerial functions, to
Ch
an
bl
es
Ba
r
desist from further [proceeding] in an action or matter

Ch
an
Ro
s
Ba
r
le
when the proceedings in such tribunal, corporation,
b
Ro
an Ba
r
Ch es
board or person are without or in excess of jurisdiction an
Ro
bl
r
Ba
or with grave abuse of discretion. Ch
Ro
b les
an
[Dyanamic Builders & Construction Co. (Phil), Inc. v. Ch
Presbitero, Jr., 755 SCRA 90 (2015)]

and Mandamus
r
Ba
Requisites of writ of prohibition
Ro
bl
es
an Ba
r
For a party to be entitled

Ch
o bl
e s
to a writ of prohibition, he
R
must establish the followingCh
an
requisites:
e s
Ba
r
o bl
a. it must be directed against a tribunal, corporation, board

R
an Ba
r
h
C
l es
or person exercising functions, an judicial

R ob
Ba
r or ministerial;
Ch e s
bl
b. the tribunal, corporation, board an
R or person has acted
o
Ba
r
h
without or in excess of its jurisdiction, bl or with grave abuse
C e s
R o
an
of discretion; and Ch

and Mandamus
r
Ba
c. there is no appeal or any other plain,

an
Ro
bl
es
Ba
r
Ch
speedy, and adequate remedy in the an
Ro
b l es
Ba
r
Ch
ordinary course of law.
es
bl
Ro
an Ba
r
Ch s
[Montes v. Court of Appeals, 489 SCRA 432 b le

Ro
an Ba
r
Ch es
(2006)] an
Ro
bl
Ba
r
Ch es
b l
Ro
an
Ch

and Mandamus
r
Ba
Judicial function, quasi-judicial function,

an
Ro
bl
es
Ba
r
Ch
ministerial function an
Ro
b l es
Ba
r
Ch es
Judicial Function – where the respondent

bl
Ro
an Ba
r
Ch s
le
has the power to determine what the law is

b
Ro
an Ba
r
Ch es
bl
and what the legal rights of the parties are, Ch
an
Ro
les
Ba
r
and then undertakes to determine these

b
Ro
an
Ch
questions and adjudicate upon the rights of

the parties

and Mandamus
r
Ba
Quasi-judicial Function – applies to the

an
Ro
bl
es
Ba
r
Ch
action and discretion of public administrative
an
Ro
b l es
Ba
r
Ch
officers or bodies, which are required to
es
bl
Ro
an Ba
r
Ch
investigate facts or ascertain the existence

s
b le
Ro
an Ba
r
Ch
of facts, hold hearings, and draw

es
bl
Ro
an Ba
r
Ch es
conclusions from them as a basis for their b l
Ro
an
Ch
official action and to exercise discretion of a

judicial nature.

and Mandamus
r
Ba
Ministerial Function – an officer or tribunal
Ro
bl
es
an Ba
r
performs in the context of a given set of facts, in a

Ch
Ro
b l es
an r
prescribed manner and without regard for the
Ch
Ro
bl
es
Ba
exercise of his/its own judgment upon the an r

Ba
Ch s
b le
Ro
propriety or impropriety of the act done. Ch
an
bl
es
Ba
r
Ro
[Destileria Limtuaco & Company,
Ch
an
Inc.lesv.Ba Advertising Board
r
of the Philippines, 572 SCRA 455, h460

b
an
Ro
(2008)]
C

and Mandamus
r
Ba
3. Petition for Mandamus Ro
bl
es
an Ba
r
a. there is no plain, speedy,

Ch
o bl
e and adequate remedy in the
s
R
ordinary course of law;C h
an
e s
Ba
r
o bl
b. any tribunal, corporation, an board, office or person,

R
r
h Ba
C
l es
b
Ro
c. unlawfully neglects the performance Ch
an
e s
Ba
r
of an act which the
l
law specifically enjoins as a dutyanRresulting ob
Ba
r from an office,
h
trust, or station, or
C s
b le
Ro
an
d. unlawfully excludes another from Ch
the use and enjoyment
of a right or office to which such other is entitled

and Mandamus
r
Ba
e. any aggrieved party files a verified petition
Ro
bl
es
an Ba
r
Ch
- alleging facts with certainty andan
Ro
b l es
r
Ba
Ch es
- praying that judgment be rendered an
Ro
bl
Ba
r
Ch
commanding the respondent, immediately or
s
b le
Ro
an Ba
r
at some other time to be specified by the court, to Ch

Ro
bl
es
an r
do the act required to be done to protect the Ch

Ro
b les
Ba
rights of the petitioner, and Ch

an
- to pay damages sustained by the party by reason

of respondent’s unlawful acts

and Mandamus
r
Ba
Writ of Mandamus Ro
bl
es
an Ba
r
Ch
Mandamus is a command issuing from a court of
an
Ro
b l es
r
Ba
competent jurisdiction, in the name of the state or
Ch
Ro
bl
es
an r
the sovereign, directed to some inferior court,

Ch
Ro
b le
s
Ba
tribunal, or board, or to some corporation or

an Ba
r
Ch es
bl
Ro
person requiring the performance of a particular an r
Ba
Ch es
b l
Ro
duty therein specified, which duty results from the Ch
an
official station of the party to whom the writ is

directed or from operation of law.

and Mandamus
r
Ba
As a rule, mandamus willobnot l lie in the absence of any of the
es
R
following grounds: [a]Chthat
an
the e s
Bacourt, officer, board, or person
r
bl
against whom the action hisanRtaken Bunlawfully
o
ar
neglected the
performance of an act which the bl law specifically enjoins as a
C e s
R o
an r
duty resulting from office, trust,
C h
orblestation;
s
Ba
or [b] that such
court, officer, board, or personChhas unlawfully excluded
R o
an Ba
r
e s
petitioner/relator from the use and nenjoyment R o bl
r
of a right or office
a a
to which he is entitled. Neither will Ch the extraordinary
b l es
B
remedy of
Ro
mandamus lie to compel the performance C h
an of duties that are
discretionary in nature.
[Laygo vs. Municipal Mayor Solano, 814 SCRA 142 (2017)]

and Mandamus
r
Ba
Ministerial v. Discretionary obl es
“The distinction betweenChaan ministerial and discretionary act is well

R
r
Ba
e s
delineated. A purely ministerial Ro act or duty is one which an office or
b l
an Ba
r
tribunal performs in a given state of
C h
bl
e facts, in a prescribed manner, in
s
o
obedience to the mandate of a hlegal an
R
authority,
Ba
r without regard to or the
C s
exercise of his own judgment upon the bl propriety or impropriety of the
e
Ro
an r
act done. If the law imposes a duty Ch upon a
le
s public
Ba
officer and gives him
b
the right to how or when the duty shall an be performed,
Ro
Ba
r such duty is
Ch s
discretionary and not ministerial. The duty Ris ob ministerial only when the
le
discharge of the same requires neither the C h

an
exercise of official discretion
or judgment”.
[De Castro v. Judicial and Bar Council, 615 SCRA 666 (2010)]

and Mandamus
r
Ba
Mandamus is the proper remedy bl
es if it could be shown that there was
Ro
neglect on the part of a Ctribunal
h
an in
s
Ba the performance of an act which the
r
e
law specifically enjoins as a duty, R o bl
or there was an unlawful exclusion of
an a r
a party from the use and enjoyment
Ch
b l es of a right to which he is clearly
B
Ro
entitled. Only specific legal rights h
a may be
n
Ba
r enforced by mandamus if
C es
they are clear and certain. If the legal R o blrights of the petitioner are not
an r
well-defined, definite, clear, and certain, Ch the
le
s
Ba
Petition must be
b
dismissed. Stated otherwise, the writ hnever an
Ro issues Ba
r in doubtful cases. It
s
neither confers powers nor imposes duties.RoIt C
bl is simply a command of
e
exercise a power already possessed andChto an

perform a duty already
imposed.
[Knights of Rizal vs. DMCI Homes, Inc., 824 SCRA 327 (2017)]

and Mandamus
r
Ba
4. When to file an
Ro
bl
es
Ba
r
Ch es
- 60 days from notice of the judgment

Ch
an
R obl
es
Ba
r
bl
- in case a Motion for Reconsideration/ Ch

an
Ro
b l es
Ba
r
Motion for New Trial was filed, 60 days

Ro
an Ba
r
Ch s
b le
from the notice of the denial of the motion

Ro
an Ba
r
Ch s
b le
Ro
an
C h

and Mandamus
r
Ba
5. The Petition shall beRobfiled:
l es
an Ba
r
a. In the SC; Ch
o bl
e s
R
an r
b. In the RTC, if it related tooban
C h
le
s
Ba
act or omission of a
municipal trial court or ofChaan corporation, a board, an officer,
R
r
Ba
l es
or a person; an
R ob
Ba
r
Ch e s
bl
c. In the CA or with Sandiganbayan, an
R o
whether
Ba
r or not the
h
same is in aid of its appellate jurisdiction
C s
b le
Ro
an
d. Exclusively with COMELEC, in election Ch
cases that
involves an act or an omission of a municipal or a regional
trial court

and Mandamus
r
Ba
Writ of Continuing Mandamus Ro
bl
es
an Ba
r
Ch es
b l
Ro
an Ba
r
Ch es
Continuing mandamus is a writ issued by a court
an
Ro
bl
Ba
r
Ch
in an environmental case directing any agency or
s
b le
Ro
an Ba
r
instrumentality of the government or officer Ch

Ro
bl
es
an r
thereof to perform an act or series of acts decreed Ch

Ro
b les
Ba
by final judgment which shall remain effective until Ch

an
judgment is fully satisfied (A.M. No. 09-6-8-SC)
Rule 66: Quo Warranto

r
Ba
subject matter: an
Ro
bl
es
Ba
r
Ch es
Public office, position or franchise b l

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch s
b le
Ro
Section 5 of Article VIII does not limit the an r

Ba
Ch es
bl
Ro
Court's quo warranto jurisdiction only to

an Ba
r
Ch es
b l
Ro
certain public officials or that excludes

an
Ch
impeachable officials therefrom.

r
Ba
Quo warranto and impeachment are two

an
Ro
bl
es
Ba
r
Ch
distinct proceedings, although both may
an
Ro
b l es
Ba
r
Ch
result in the ouster of a public officer.
es
bl
Ro
an Ba
r
Ch
Strictly speaking, quo warranto grants the

s
b le
Ro
an Ba
r
Ch
relief of "ouster", while impeachment

es
bl
Ro
an Ba
r
Ch es
affords "removal." b l
Ro
an
Ch

r
Ba
A quo warranto proceeding is the proper legal
Ro
bl
es
an Ba
r
remedy to determine a person's right or title to a

Ch
Ro
b les
an r
public office and to oust the holder from its
Ch
Ro
bl
es
Ba
enjoyment. It is the proper action to inquire into a

an r
Ba
Ch s
b le
Ro
public officer's eligibility or the validity of his Ch
an
bl
es
Ba
r
appointment. Under Rule 66 of the Rules of Court, Ch

an
Ro
es
Ba
r
bl
a quo warranto proceeding involves a judicial Ch
an
Ro
determination of the right to the use or exercise of

the office.

r
Ba
Impeachment, on the Rother ob
l es
hand, is a political process
undertaken by the legislature
an
to determine whether the
r
Ba
Ch s
b le
Ro
public officer committed Ch
anany ofBarthe impeachable offenses,
s
le
namely, culpable violation aof n
Ro the Constitution, treason,
b
Ba
r
h
bribery, graft and corruption, C
other
n
R o bl
es
high
r
crimes, or betrayal
of public trust. It does not ascertain s the officer's eligibility
a Ba
Ch e
bl
Ro
for appointment or election, orChchallenge an
l e s
Ba
r
the legality of his
assumption of office. Conviction for h
an
Rany
ob
of the impeachable
C
offenses shall result in the removal of the impeachable
official from office.

r
Ba
As the Court previously held, "where the

an
Ro
bl
es
Ba
r
Ch
dispute is on the eligibility to perform the
an
R obl
es
Ba
r
Ch
duties by the person sought to be ousted or
es
bl
Ro
an Ba
r
Ch
disqualified a quo warranto is the proper l es

b
Ro
an Ba
r
Ch
action.“
s
b le
Ro
an Ba
r
Ch s
le
[Republic vs. Sereno, G.R. No. 237428, 19 June
b
Ro
an
C h
2018)

Actions by government s
Ba
r
e
bl
(a) By Government, broughtan
R o
in athe r name of the Republic of the
h B
Philippines, against: C Ro
b le
s
an Ba
r
(1) A person who usurps, intrudes
C h
o bl
e s into, or unlawfully holds or
exercises a public office, position or franchise
R
an Ba
r
h
C es
bl
(2) A public officer who does not an or suffers
R o
Ba
r an act which, by the
Ch s
provision of law, constitutes a ground R o bl for the forfeiture of his
e
an Ba
r
office C h
bl
e s
R o
(3) An association which acts as a corporation Ch

an
within the
Philippines without being legally incorporated or without lawful
authority to act

r
Ba
(b) When Solicitor General or public

an
Ro
bl
es
Ba
r
Ch
prosecutor MUST commence action: an
Ro
b l es
Ba
r
Ch es
(1) When directed by the President of the

bl
Ro
an Ba
r
Ch s
le
Philippines.
b
Ro
an Ba
r
Ch es
bl
(2) When upon complaint or otherwise, he

Ro
an Ba
r
Ch es
b l
Ro
has good reason to believe that any case Ch
an
specified in Sec. 1 can be established by

proof.

r
Ba
(c) When Solicitor General or public prosecutor
Ro
bl
es
an Ba
r
MAY commence action: Ch

Ro
b l es
an Ba
r
(1) with permission of the courtCh

Ro
bl
es
an Ba
r
Ch
(2) at the request and upon the relation of another
s
b le
Ro
an Ba
r
person Ch
Ro
bl
es
an Ba
r
Ch
(3) Officer bringing such action may first require an
Ro
b les
an indemnity for the expenses and costs of the Ch
action in an amount approved by and deposited in

court.

The one-year prescriptive period under Section 11, Rule 66 of the Rules
ar
of Court still stands. However, le
s
Bfor reasons explained above and in the
b
main Decision, this Courthamade
n
Ro distinctions
Ba
r as to when such
prescriptive period applies, to Rwit: (1) when filed by the State at its
C s
b le
o
own instance, through the Solicitor
Ch
an
l
General,
e s
Ba
r
prescription shall not
b
apply. This, of course, does not aequate n
Ro toar a blanket authority given to
B
Ch es file baseless quo warranto
the Solicitor General to indiscriminately b l
Ro
actions in disregard of the constitutionally-protected
Ch
an
e s
Ba
r
rights of
bl
individuals; (2) when filed by the Solicitor Ro General or public prosecutor
an Ba
r
at the request and upon relation of another bperson, C h
le
s with leave of court,
o
prescription shall apply except when established Ch
an
R
jurisprudential
exceptions are present; and (3) when filed by an individual in his or her
own name, prescription shall apply, except when established
jurisprudential exceptions are present. (Republic vs. Sereno, G.R. No.
237428, 19 June 2018)

r
Ba
Action by individual an
Ro
bl
es
Ba
r
Ch es
By a person claiming to be entitled to a

Ch
an
R obl
es
Ba
r
public office or position, brought in his own

bl
Ro
an Ba
r
Ch es
name, against another who usurped or

b l
Ro
an Ba
r
Ch s
le
unlawfully held or exercised such public

b
Ro
an Ba
r
Ch s
le
office or position
b
Ro
an
C h

r
Ba
Judgment in Quo Warranto Ro
bl
es
an Ba
r
When respondent is foundobleguilty of usurping, intruding, or

Ch s
R
unlawfully holding or exercising
C h
an
e s
Ba a public office, judgment
r
bl
shall be rendered: h
an
R o
Ba
r
C es
bl
a. that such respondent is ousted an
R o
and Ba
r altogether excluded
Ch s
therefrom;
e
o bl
R
an Ba
r
h
b. that the petitioner or relator recover his costs
C e s
o bl
R
a n
c. Further judgment may be rendered determining the Ch
respective rights in and to the public office, position or

franchise of all parties.

r
Ba
Rights of persons adjudged Ro
bl
es
entitled to public office:
an Ba
r
a. Execution of the office oble

Ch s
R
an r
- after taking oath of office and
C h
o bl
e s
Ba
executing any official bond
required by law
R
an Ba
r
h
C es
o bl
b. Demand form respondentChall an

R
thees booksBa
r
and papers
bl
pertaining to the office an
Ro
Ba
r
Ch e s
- respondents’ refusal/neglect is punishable an
Ro bl
by contempt
Ch
c. Bring an action against respondent to recover damages

r
Ba
Prescriptive Period of 1 year

an
Ro
bl
es
Ba
r
Ch es
No action 1 year after the cause ofb l

Ro
an Ba
r
Ch es
such ouster, or the right of the petitioner to

bl
Ro
an Ba
r
Ch s
le
hold such office or position, arose

b
Ro
an Ba
r
Ch es
bl
No action for damages within 1 year

Ro
an Ba
r
Ch es
b l
Ro
after the entry of judgment establishing the Ch
an
petitioner’s right to the office in question

r
Ba
Exception to the 1 year period

an
Ro
bl
es
Ba
r
Ch es
The one-year prescriptive period under b l

Ro
an Ba
r
Ch es
Section 11, Rule 66 of the Rules of Court

bl
Ro
an Ba
r
Ch s
le
still stands. However, for reasons explained

b
Ro
an Ba
r
Ch es
bl
above and in the main Decision, this Court Ch
an
Ro
es
Ba
r
bl
made distinctions as to when such Ch

an
Ro
prescriptive period applies, to wit:

r
Ba
(1) when filed by the State at its own

an
Ro
bl
es
Ba
r
Ch
instance, through the Solicitor General,
an
Ro
b l es
Ba
r
Ch
prescription shall not apply. This, of course,
es
bl
Ro
an Ba
r
Ch
does not equate to a blanket authority given

s
b le
Ro
an Ba
r
Ch
to the Solicitor General to indiscriminately

es
bl
Ro
an Ba
r
Ch
file baseless quo warranto actions in

les
b
Ro
an
Ch
disregard of the constitutionally-protected

rights of individuals;

r
Ba
(2) when filed by the Solicitor
Ro
bl
es
General or public prosecutor
at the request and upon an
relation of another person, with
r
Ba
Ch s
b le
Ro
leave of court, prescriptionCh
an shall e s
Ba apply except when
r
bl
established jurisprudential anexceptions R o
Ba
r are present; and
Ch s
ble
Ro
an Ba
r
Ch es
(3) when filed by an individual innRohis
bl
or rher own name,
a Ba
prescription shall apply, except whenobl established
Ch e s
R
jurisprudential exceptions are present.
Ch
an
(Republic vs. Sereno, G.R. No. 237428, 19 June 2018)
Rule 67: Expropriation

r
Ba
Expropriation an
Ro
bl
es
Ba
r
Ch es
- exercise of power of eminent domain b l

Ro
an Ba
r
Ch es
bl
- must be in a Verified complaint Ch

an
Ro
b le
s
Ba
r
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Eminent domain is an indispensable attribute of
Ro
bl
es
an Ba
r
sovereignty and inherent in government. However,

Ch
Ro
b les
an r
such power is not boundless; it is circumscribed by
Ch
Ro
bl
es
Ba
two constitutional requirements: "first, that there

an r
Ba
Ch s
b le
Ro
must be just compensation, and second, that no Ch
an
bl
es
Ba
r
person shall be deprived of life, liberty or property Ch

an
Ro
es
Ba
r
bl
without due process of law.“ Ch
an
Ro
[Department of Agrarian Reform vs .Galle, 841 SCRA 301

(2017)]

r
Ba
The power of eminent domain is an inherent
Ro
bl
es
an Ba
r
competence of the state. It is essential to a

Ch
Ro
b l es
an r
sovereign. Thus, the Constitution does not
Ch
Ro
bl
es
Ba
explicitly define this power but subjects it to a

an r
Ba
Ch s
b le
Ro
limitation: that it be exercised only for public use Ch
an
bl
es
Ba
r
and with payment of just compensation. Ch

an
Ro
les
Ba
r
[National Power Corporation v. Posada,

C h
an 752 SCRA 550 Ro
(2015)]

r
Ba
Public use, as an eminent domain concept,

an
Ro
bl
es
Ba
r
Ch
has now acquired an expansive meaning to
an
Ro
b les
Ba
r
Ch
include any use that is of “usefulness, utility,
es
bl
Ro
an Ba
r
Ch
or advantage, or what is productive of

s
b le
Ro
an Ba
r
Ch
general benefit [of the public].”

es
bl
Ro
an Ba
r
Ch es
[Vda. De Oauano v. Republic, 642 SCRA 384

bl
Ro
an
Ch
(2015)]

r
Ba
Public use has now been held to be

an
Ro
bl
es
Ba
r
Ch
synonymous with “public interest”, “public
an
Ro
b les
Ba
r
Ch
benefit” and “public convenience.” It is
es
bl
Ro
an Ba
r
Ch
essential that the element of the public use

s
b le
Ro
an Ba
r
Ch
of the property be maintained throughout

es
bl
Ro
an Ba
r
Ch es
the proceedings of expropriation. Ch
an
Ro
bl
[Republic v. Heirs of Borbon, 745 SCRA 40 (2015)]

r
Ba
Just compensation in expropriation
Ro
bl
es
cases is defined "as the
full and fair equivalent an
of the property taken from its owner
r
Ba
Ch s
b le
Ro
by the expropriator. The Ch
an Court Barepeatedly
e s
r
stressed that the
bl
true measure is not the taker's an
Ro gain Bar
but the owner's loss.
Ch
The word 'just' is used to modify R o bl the meaning of the word
es
an r
'compensation' to convey the ideaoblthat C h
e s
Ba
the equivalent to be
given for the property to be taken shall Ba be real, substantial,
R
an r
C h s
e
bl
full and ample.” an
R o
Ch
[Evergreen Manufacturing vs. Republic, 839 SCRA 200

(2017)]

r
Ba
Jurisprudence teachesRous bl that "taking," in the exercise of
es
the power of eminent Ch domain,

an
"occurs not only when the
r
Ba
s
b le
Ro
government actually deprives
Ch
an
e
or
s
Ba dispossesses the property
r
bl
owner of his property or ofanRits ordinary o
B ar
use, but also when
Ch
there is a practical destructionnRoor bl
es
material r
impairment of
the value of his property. Ch
a Ba
e s
bl
Ro
[(Bartolata vs. Republic, 827 SCRA 100 an
(2017)]
r
h Ba
C e s
bl
Ro
an
Ch
2. Where to file: RTC, incapable of pecuniary estimation

r
Ba
Contents: Ro
bl
es
an Ba
r
Ch
a. The right and purpose of expropriation
an
Ro
b les
r
Ba
Ch es
b. Description of the real or personal propertyan
Ro
bl
Ba
r
Ch s
le
c. join as defendants all persons owning or an
Ro
b
Ba
r
Ch es
claiming to own, or occupying any part hereof or an
Ro
bl
Ba
r
Ch
any interest therein, showing as far as practicable an
Ro
bl
es
the separate interest of each defendant. Ch

r
Ba
Plaintiff’s right to take possession of the real property
Ro
bl
es
an Ba
r
- he deposits an amount equivalent to the assessed

Ch
Ro
b l es
an r
value of the property for purposes taxation
Ch
bl
es
Ba
Ro
an r
- with authorized government depositary Ch
b le
s
Ba
Ro
an r
- if personal property, court fixes the amount to be Ch
bl
es
Ba
Ro
deposited Ch
an
b les
Ba
r
Ro
- After deposit, court orders the sheriff to place Ch
an
plaintiff in possession

r
Ba
RA 8974 (2000), “An act to Facilitate the
Ro
bl
es
an r
Acquisition of Right-of-Way, Sit or Location for

Ch
Ro
b l es
Ba
National Government Infrastructure Projects and

an Ba
r
Ch es
bl
Ro
for other Purposes” an r

Ba
Ch s
b le
Ro
- government is required to make immediate

an Ba
r
Ch es
bl
Ro
payment to the owner an r
Ba
Ch es
b l
Ro
- amount equivalent to the market value of the Ch

an
property stated in tax declaration or the current

zonal value, whichever is higher

r
Ba
Reckoning point of the market value of the
an
Ro
bl
es
properties Ch
Ro
b l es
Ba
an Ba
r
Sec. 4, Rule 67 lays down the basic rule that the

Ch
Ro
bl
es
an r
value of the just compensation is to be determined

Ch
Ro
b le
s
Ba
as of the date of the taking of the property or the

an Ba
r
Ch es
bl
Ro
filing of the complaint, whichever came first. an r
Ba
Ch es
b l
Ro
[National Power Corporation vs. Marasigan, 845 SCRA 248
a n
Ch
(2017)]

r
Ba
Defenses and objection Ro
bl
es
an Ba
r
a. Defendant has no objection or defense to the taking

Ch
Ro
b l es
an Ba
r
what to file: Notice of appearance and manifestation

Ch
Ro
bl
es
an Ba
r
when: within the time stated in the summons

Ch
Ro
b le
s
an Ba
r
contents: Ch
Ro
bl
es
an Ba
r
1. manifestation that he has no objection/defense Ch

Ro
b les
an
2. specifically designating/identifying the property he Ch
claims

r
Ba
b. Defendant has objection Ro
bl
es
or defense to the taking
an Ba
r
what to file: Answer Ch

o bl
e s
R
an r
when: within the time statedoblin
C h
e s
Ba
the summons
R
contents: an r
h Ba
C es
o bl
R
1. Specifically designating/identifying Ch
an
e s
Ba the property in which
r
bl
he claims to have an interest inChaand n
R o
the s
Ba
r nature and extent
e
of the interest an
R o bl
Ch
2. All his objections and defenses
prohibited:
No counterclaim, cross-claim, third party complaint

r
Ba
Two stages in an action for expropriation

an
Ro
bl
es
Ba
r
Ch es
a. Determination of the authority of plaintiff

b l
Ro
an Ba
r
Ch es
to expropriate
bl
Ro
an Ba
r
Ch s
b le
b. Determination of just compensation

Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch

r
Ba
Order of Expropriation Ro
bl
es
an Ba
r
Ch
- issued by the court declaring that plaintiff has
an
Ro
b l es
r
Ba
lawful right to take the property for public use or
Ch
Ro
bl
es
an r
purpose described in the complaint upon payment

Ch
Ro
b le
s
Ba
of just compensation
an Ba
r
Ch es
bl
Ro
an r
- issued in the following cases: Ch

Ro
b les
Ba
an
a. objections of the defendant are overruled Ch
b. no party appears to object to or defend against

the expropriation

r
Ba
Ascertainment of compensation
Ro
bl
es
- after the rendition Cofan

Order of Expropriation
r
h Ba
s
b le
Ro
- court appoints not more Ch
an than e s
Ba3 commissioners to
r
bl
ascertain just compensation an
R o
Ba
r
h
Commissioner’s Report C R o bl
es
an r
- The commissioners shall make full C h
o bl
e and accurate report to
s
Ba
the court of all their proceedings.

R
an Ba
r
C h s
e
bl
- filed within 60 days from the date an the commissioners
R o
Ch
were notified of their appointment.
- parties may file objection to the Commissioner’s Report
within 10 days

r
Ba
Court action, after hearing, on the Commissioner’s
Ro
bl
es
an r
Report: Ch
b les
Ba
Ro
an r
a. ACCEPT the report and render JUDGMENT in
Ch
bl
es
Ba
Ro
accordance therewith; Ch
an
b le
s
Ba
r
Ro
b. RECOMMIT the report to the commissioners for Ch
an
bl
es
Ba
r
further report of facts; Ch

an
Ro
es
Ba
r
bl
c. SET ASIDE the report and APPOINT new Ch

an
Ro
commissioners;
d. ACCEPT the report IN PART and REJECT it IN PART;

r
Ba
Rights of Plaintiff upon Judgment and

an
Ro
bl
es
Ba
r
Ch
Payment an
Ro
b l es
Ba
r
Ch es
a. to enter and expropriate the property for

bl
Ro
an Ba
r
Ch s
le
public use or purpose defined in the

b
Ro
an Ba
r
Ch es
bl
judgment, or Ch
an
Ro
les
Ba
r
b
Ro
b. to retain it if he has previously taken Ch
an
possession after giving a deposit

r
Ba
Effect of Appeal an
Ro
bl
es
Ba
r
Ch es
- right of plaintiff to enter and expropriate

b l
Ro
an Ba
r
Ch es
shall NOT be DELAYED by an appeal,

bl
Ro
an Ba
r
Ch s
b le
- If appellate court determines no right to

Ro
an Ba
r
Ch es
bl
appropriate exists, it shall order the RTC to

Ro
an Ba
r
Ch es
b l
Ro
enforce the restoration to the defendant of Ch
an
the possession of property plus damages

r
Ba
Effect of Recording of the Judgment

an
Ro
bl
es
Ba
r
Ch es
Expropriation of Real Property b l

Ro
an Ba
r
Ch es
bl
- certified copy of the judgment is recorded

Ch
an
Ro
b le
s
Ba
r
in the registry of deeds

Ro
an Ba
r
Ch es
bl
Ro
- its effect shall be to vest in plaintiff the

an Ba
r
Ch es
bl
Ro
title to the real estate

an
Ch
Rule 68: Foreclosure of Real

Estate Mortgage
r
Ba
Foreclosure may be made: an

Ro
bl
es
Ba
r
Ch es
a. Judicially: governed by Rule 68

Ch
an
R obl
es
Ba
r
bl
b. Extrajudicially: proper only when so Ch

an
Ro
b l es
Ba
r
provided in contracts in accordance with

Ro
an Ba
r
Ch s
b le
Act. No 3135, governed by A.M. No. 99-10-

Ro
an Ba
r
Ch s
b le
Ro
05 C h
an

Estate Mortgage
r
Ba
Remedies of a secure creditor
Ro
bl
es
an Ba
r
Ch es
b l
Ro
an r
A secured creditor may institute o
Ch
bl
against the mortgage
es
Ba
debtor either a personal action for Ba the collection of debt or

R
an r
h
C es
bl
a real action to foreclose thehamortgage.n
Ro
Ba
r In other words, he
C s
may pursue wither of the two remedies, but not both. By
e
o bl
R
an a r
such election, his cause of action Ch

canobleby s
B
no means be
R
impaired, for each of the two remedies C h
an
is complete in itself.
[Sycamore Ventures Corp. v. Metropolitan Bank, 709 SCRA
559 (2013)]

Estate Mortgage
r
Ba
Contents of a complaint in action for

an
Ro
bl
es
Ba
r
Ch
foreclosure: an
Ro
b l es
Ba
r
Ch es
a. Date and due execution of mortgage;

bl
Ro
an Ba
r
Ch s
b le
b. its assignments, if any;

Ro
an Ba
r
Ch es
bl
Ro
c. names/residences of the mortgagor and

an Ba
r
Ch es
b l
Ro
the mortgagee;
an
Ch
d. description of the mortgage property;

Estate Mortgage
r
Ba
e. statement of the date of the note or other
Ro
bl
es
an Ba
r
documentary evidence of the obligation secured by

Ch
Ro
b l es
an r
the mortgage; Ch
Ro
bl
es
Ba
an r
f. amount claimed to be unpaid Ch

Ro
b le
s
Ba
an Ba
r
g. name/residence of all persons having or Ch

Ro
bl
es
an r
claiming an interest in the property subordinate in Ch

Ro
b les
Ba
right to that of the holder of the mortgage, all of Ch

an
whom shall be made defendants in the action.

Estate Mortgage
r
Ba
Judgment on Foreclosure for payment of

an
Ro
bl
es
Ba
r
Ch
sale an
Ro
b l es
Ba
r
Ch es
- judgment of the court ordering the debtor

bl
Ro
an Ba
r
Ch s
le
to pay within 90-120 days from entry of

b
Ro
an Ba
r
Ch es
bl
judgment after ascertaining the amount due Ch
an
Ro
les
Ba
r
to plaintiff
b
Ro
an
Ch

Estate Mortgage
r
Ba
Equity of Redemption or Mortgagor’s equity of
Ro
bl
es
an Ba
r
redemption Ch
Ro
b l es
an Ba
r
- right to extinguish the mortgage and retain

Ch
Ro
bl
es
an r
ownership of the property by paying the debt.

Ch
Ro
b le
s
Ba
an Ba
r
- may be exercised beyond the 90 day period xxx Ch

Ro
bl
es
an r
and even after the foreclosure itself, provided it Ch

Ro
b les
Ba
before the order of confirmation of sale Ch

an

Estate Mortgage
r
Ba
The right of redemption Ro
bl exists in extra-judicial foreclosure;
es
while equity of redemption

an
exists only in judicial
r
Ba
Ch s
b le
Ro
foreclosure. In ExtrajudicialCh
an foreclosure,
e s
Ba
r
the mortgagor may
bl
exercise his right of redemption an
Ro within
Ba
r 1 year from the
h
registration of the sale in the nOffice ofr the Registry of
C s
b le
Ro
Deeds; while in judicial foreclosure, e the mortgagor may

a Ba
C h s
o bl
exercise his equity of redemption an during Ba the period of not

R
r
C h s
e
bl
less than 90 days nor more than 120 h
an
R o
days from entry of
C
judgment of foreclosure or even after the foreclosure sale
but before the judicial confirmation of sale.
[Huerta Alba Resort v. CA, 339 SCRA 534 (2000)]

Estate Mortgage
r
Ba
Sale of Mortgage Property an

Ro
bl
es
Ba
r
Ch es
- Defendants fail to pay the amount of b l

Ro
an Ba
r
Ch es
judgment within the 90-120 day period

bl
Ro
an Ba
r
Ch s
b le
- Court, upon motion, shall order the

Ro
an Ba
r
Ch es
bl
property to be sold at public auction to

Ro
an Ba
r
Ch es
b l
Ro
satisfy the judgment Ch
an

Estate Mortgage
r
Ba
Order of Confirmation an
Ro
bl
es
Ba
r
Ch es
- sale is confirmed by an order of the court

b l
Ro
an Ba
r
Ch es
bl
- upon motion, Ch
an
Ro
b le
s
Ba
r
Ro
- it shall operate to divest the rights in the an r

Ba
Ch es
bl
Ro
property of all the parties to action and to

an Ba
r
Ch es
b l
Ro
vest their rights in the purchaser, subject to

an
Ch
such rights of redemption as may be

allowed by law

Estate Mortgage
r
Ba
Writ of Possession Ro
bl
es
an Ba
r
Ch
- upon the finality of the order of confirmation or
an
Ro
b l es
r
Ba
Ch es
- upon the expiration of the period of redemption
an
Ro
bl
Ba
r
Ch s
le
- the purchaser at the auction or last redemptioner an
Ro
b
Ba
r
Ch es
shall be entitled to the possession an
Ro
bl
Ba
r
Ch es
Exception: 3rd party is actually holding the same b l
Ro
an
Ch
adversely to the judgment obligor

Estate Mortgage
r
Ba
The issuance of writ of possession to a purchaser in
Ro
bl
es
an r
a public auction is a ministerial function of the court,

Ch
Ro
b les
Ba
which cannot be enjoined or restrained, even by the

an r
Ba
Ch es
bl
Ro
filing of a civil case for the declaration of nullity of
Ch
an
b le
s
Ba
r
the foreclosure and consequent auction sale. Ch

an
Ro
es
Ba
r
bl
[St. Raphael Montessori School, Inc. v. Bank of the Ch

an
Ro
es
Ba
r
bl
Philippine Islands, 773 SCRA 419 (2015)] Ch
an
Ro

Estate Mortgage
r
Ba
Disposition of proceed of sale

an
Ro
bl
es
Ba
r
Ch es
1. Person foreclosing = Amount realized in

b l
Ro
an Ba
r
Ch es
sale, less costs of sale

bl
Ro
an Ba
r
Ch s
b le
2. Junior Encumbrancer = after paying the

Ro
an Ba
r
Ch es
bl
mortgage debt due, any balance or residue

Ro
an Ba
r
Ch es
b l
Ro
3. Mortgagor = if no junior encumbrancers,

an
Ch
any residue

Estate Mortgage
r
Ba
Deficiency Judgment Robl es
an Ba
r
- upon motion, after foreclosure

Ch
o bl
e s
sale
R
an r
- the court rendering a judgment
C h
o bl
e s
Ba
against the defendant
R
- for any unpaid balance due an
toblthe plaintiff if proceeds
r
h Ba
C es
o
from the foreclosure sale doChnot an
R
satisfye s
Ba
r
the entire debt
bl
- Execution Ch
an
Ro
s
Ba
r
e
bl
a. if balance is all due = executionhanmay R o
issue immediately
C
b. if not, plaintiff shall be entitled to execution at such time

as the balance remaining becomes due
Rule 69: Partition

A special civil action of judicial Bpartitionar under Rule 69 of the Rules of
s
Court is a judicial controversy R o bl between persons who, being co-owners
e
an r
or coparceners of common Ch property, le
s
Ba seek to secure a division or
b
partition thereof among themselves, an
Ro giving
r to each one of them the
h Ba
part corresponding to him. CThe object b le
s
of partition is to enable those
Ro
who own property as joint tenants, C h
an or coparceners,
es
Ba
r
or tenants in
l
common to put an end to the joint atenancy n
Ro
b
so
a r
as to vest in each a sole
B
estate in specific property or an allotment Ch
b le in the lands or tenements. It
s
Ro
is typically brought by a person claiming Ch
an to be Bthe
s
ar owner of a specified
e
property against a defendant or defendants Ro whom the plaintiff
bl
an
recognizes to be his co-owners and is premised C h
on the existence or
non-existence of co-ownership between the parties. Hence, unless and
until the issue of co-ownership is definitively resolved, it would be
premature to effect a partition of an estate.
[Bautista vs. Bautista, 820 SCRA 40 (2017)]
Rule 69: Partition

r
Ba
The rule is that the action for partition does not
Ro
bl
es
an Ba
r
prescribe so long as the as the co-ownership is

Ch
Ro
b l es
an r
expressly or impliedly recognized (Art. 494 Civil
Ch
Ro
bl
es
Ba
Code.) This being the case it devolves upon the

an r
Ba
Ch s
b le
Ro
Court to decide whether petitioner’s predecessors- Ch
an
bl
es
Ba
r
in interest have recognized the co-ownership or Ch

an
Ro
les
Ba
r
have repudiated it.

b
Ro
an
Ch
[Heirs of Infante v. Honorable Court of Appeals, 162 SCRA

431 (1988)]
Rule 69: Partition

r
Ba
Content of Complaint in Action for Partition:

an
Ro
bl
es
Ba
r
Ch es
a. Nature and extent of the complainant’sb l

Ro
an Ba
r
Ch es
title
bl
Ro
an Ba
r
Ch s
b le
b. Adequate description of the real estate of

Ro
an Ba
r
Ch es
bl
which the partition is demanded

Ro
an Ba
r
Ch es
bl
Ro
c. All other persons interested in the

an
Ch
property must be impleaded.
Rule 69: Partition

r
Ba
Two Stages in Action for Ro
bl Partition
es
an Ba
r
a. First Phase - determination

Ch
o bl
e s
of whether or not a co-
R
ownership in fact existsChaand n
alespartition
Ba
r
is proper and may
b
be made by voluntary agreement C h
an
Ro
s
of
Ba
r all the parties
e
interested in the property an
Ro
bl
ar B
Ch es
l
R ob
an Ba
r
Ch
b. Second Phase –when parties arenRunable ob
l
to agree with es
the partition, it shall be done for the parties by the court

a
C h
with assistance of not more than 3 commissioners
Rule 69: Partition

r
Ba
Order of Partition an
Ro
bl
es
Ba
r
Ch es
- issued by the court, if after trial, it finds

b l
Ro
an Ba
r
Ch es
the plaintiff has the right to partition

bl
Ro
an Ba
r
Ch s
b le
- the court orders the partition of the

Ro
an Ba
r
Ch es
bl
property
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 69: Partition

r
Ba
How partition is done: an

Ro
bl
es
Ba
r
Ch es
a. Partition by agreement b l
Ro
an Ba
r
Ch es
bl
- parties make the partition themselves by

Ch
an
Ro
b le
s
Ba
r
proper instruments of conveyance, and

Ro
an Ba
r
Ch es
bl
Ro
- court shall CONFIRM the partition agreed

an Ba
r
Ch es
b l
Ro
upon by the parties

an
Ch
Rule 69: Partition

b. Partition by Commissioners e s
Ba
r
bl
- parties unable to agree an upon Ba the partition
R o
r
Ch e s
bl
1. the court shall appoint 3anRcommissioners
o
Ba
r to make the partition
C h s
le
2. Commissioner takes oath that Ro
b
theyr perform their duties:
an Ba
Ch
a. view examine the real estate, notify Ro
bl
e s
the parities to attend
such view and examination Cha
n r
Ba
e s
o bl
b. hear the parties as to their preference of Ba partition

R
an r
C h s
e
bl
c. determine the comparative value hanR o
C
d. set apart the same to the parties in lots or parcels a will be
most advantageous and equitable considering the
improvements, situation, and quality of the parts thereof
Rule 69: Partition

r
Ba
When real property cannot be divided without
Ro
bl
es
an Ba
r
prejudice Ch
Ro
b l es
an Ba
r
General Rule: Court may order it ASSIGNED one

Ch
Ro
bl
es
an r
of the parties willing to take it, provided he pays

Ch
Ro
b le
s
Ba
the other parties such amounts as the

an Ba
r
Ch es
bl
Ro
commissioner deems equitable an r
Ba
Ch es
b l
Ro
Exception: one of parties asks that it be SOLD Ch

an
instead of being assigned, then court shall order

the commissioners to sell it at public sale
Rule 69: Partition

r
Ba
Commissioner’s Report Ro
bl
es
an Ba
r
Ch
Commissioners shall make a full accurate report to
an
Ro
b les
r
Ba
the court on: Ch
Ro
bl
es
an Ba
r
Ch
a. All proceedings as to the partition, or
s
b le
Ro
an Ba
r
Ch es
b. The assignment or real estate to one of the an
Ro
bl
Ba
r
Ch
parties, or an
Ro
bl
es
Ch
c. The sale of the same
*parties are allowed to file objection within 10
days from receipt
Rule 69: Partition

r
Ba
Action of the Court upon Ro
bl Commissioner’s Report
es
an Ba
r
Upon hearing, the Court may:

Ch
o bl
e s
R
an r
a. Accept the report and render
C h
o bl
e s
Ba
judgment in accordance
therewith; or
R
an Ba
r
h
C es
o bl
b. Recommit the same to commissioners Ch

an
R
e s
Ba
r
for further report
bl
of facts, for cause an
Ro
Ba
r
Ch e s
c. Set aside the report in part and areject n
R o bl
in part; and
Ch
d. Make such order and render such judgment as shall
effectuate a fair and just partition of the real estate
Rule 69: Partition

r
Ba
Partition of Personal Property

an
Ro
bl
es
Ba
r
Ch es
Rule 69 shall apply to partitions of estates

b l
Ro
an Ba
r
Ch es
composed personal property, or of both real

bl
Ro
an Ba
r
Ch s
le
and personal property, in so far as the same

b
Ro
an Ba
r
Ch es
bl
may be applicable. Ch
an
Ro
es
Ba
r
bl
Ro
an
Ch
Rule 69: Partition

Multiple appeals e s
Ba
r
bl
The action for partition is subject to multiple appeals and would
R o
an Ba
r
Ch e s
require a record on appeal.nRoMultpile bl
r
appeals are allowed in
a a
special proceedings, actions Ch foroblrecovery
es
B
of property with
accounting, actions for partition of property with accounting,
R
an Ba
r
h
C
l es
special civil actions of eminent domain an
Ro
b
andr foreclosure of
h Ba
mortgage. The rationale behind C
allowing Ro
b le
s
more than one appeal
in the same case is to enable the Crest an
of lthe case to proceed in
r
h Ba
e s
b
the event that a separate and distincthanissue Ro
is resolved by the
C
court and held to be final.
(Roman Catholic Archbishop of Manila v. Court of Appeals, 258
SCRA 186 (1996)
Rule 70: Forcible Entry and

Unlawful Detainer
r
Ba
In our jurisdiction, there oare bl three kinds of action for recovery of
es
R
possession of real property:
Ch
an
e s
Ba
r
o bl
I) ejectment (either for unlawful
C h
an
R
s
detainer
Ba
r or forcible entry) in
e
case the dispossession has lasted an
Ro
bl
forarnot more than a year;
B
Ch
2) accion publiciana or a plenary Raction ob
l es
for recovery of real right
an r
of possession when dispossession Ch hasbleslasted
Ba
for more than one
year; and an
Ro
Ba
r
Ch e s
bl
3) accion reinvindicatoria or an actionanfor R o
recovery of ownership.
C h
[Regalado vs. De La Rama Vda. Dela Pena, G.R. No. 202448,

848 SCRA 543 (2017)]

Unlawful Detainer
r
Ba
Action for Forcible Entry Ro
bl
es
an Ba
r
Ch
- action brought when a person is deprived of
an
Ro
b l es
r
Ba
possession of land/building by: (“FISTS”)
Ch
Ro
bl
es
an Ba
r
Ch
Force
s
b le
Ro
an Ba
r
Ch es
Intimidation an
Ro
bl
Ba
r
Ch es
Strategy b l
Ro
an
Ch
Threat
Stealth

Unlawful Detainer
For a forcible entry case toles prosper,
Ba
r
the plaintiffs must allege
and prove: (a) that theyanRhave
ob
prior
Ba
r physical possession of the
h
property; (b) that theyC wereRobdeprived of possession either by
s
le
n r
force, intimidation, threat,
Ch strategy,
a
b l e s
Ba
or stealth; and (c) that the
action was filed within one year h
an
Ro
from Ba
rthe time the owners or
C es
legal possessors learned of their ndeprivation R o bl
r
of the physical
a Ba
possession of the property. The Ch only purpose
o bl
e s of a forcible entry
suit is to protect the person who had prior Baphysical possession
R
an r
C h s
e
bl
against another who unlawfully entered an
R the property and
o
Ch
usurped possession. Hence, in this case, it is imperative that
respondents establish that the improvements introduced by
petitioners dispossessed them of the land they owned.
(Sambalilo vs. Spouses Llarenas, 828 SCRA 125 (2017)

Unlawful Detainer
r
Ba
Action for Unlawful Detainer Ro
bl
es
an Ba
r
- action brought by a lessor, vendor, vendee, or other

Ch
Ro
b l es
an r
person against whom the possession of land /building
Ch
bl
es
Ba
Ro
is unlawfully withheld after expiration or termination of
Ch
an
b le
s
Ba
r
the right to hold possession, by virtue of any contract,

Ch
an
Ro
es
Ba
r
bl
express or implied an
Ro
Ba
r
Ch es
l
- may also be brought by the legal representatives or
b
Ro
an
Ch
assigns of any such lessor, vendor, vendee, or other
person

Unlawful Detainer
r
Ba
An action for unlawful detainer must allege and
Ro
bl
es
an Ba
r
establish the following key jurisdictional facts:

Ch
Ro
b l es
an Ba
r
(1) initially, possession of property by the

Ch
Ro
bl
es
an r
defendant was by contract with or by tolerance of

Ch
Ro
b le
s
Ba
the plaintiff;
an Ba
r
Ch es
bl
Ro
an r
(2) eventually, such possession became illegal Ch

Ro
b les
Ba
upon notice by plaintiff to defendant of the Ch

an
termination of the latter's right of possession;

Unlawful Detainer
r
Ba
(3) thereafter, the defendant remained in
Ro
bl
es
an Ba
r
possession of the property and deprived the

Ch
Ro
b l es
an r
plaintiff of the enjoyment thereof; and
Ch
Ro
bl
es
Ba
an r
(4) within one year from the last demand onCh

Ro
b le
s
Ba
defendant to vacate the property, the plaintiff

an Ba
r
Ch es
bl
Ro
instituted the complaint for ejectment. an r
Ba
Ch es
b l
Ro
[Province of Camarines Sur vs. Bodega Glassware, 821
a n
Ch
SCRA 295 (2017)]

Unlawful Detainer
r
Ba
Necessity of Demand bl
es
Ro
an r
In Forcible Entry:
Ch Demand b le
s
Ba
is not required
Ro
In Unlawful Detainer – Ch an
e s
Ba
r
o bl
Unless otherwise stipulated,ChanR Ba
r
es
bl
Demand: an
R o
Ba
r
Ch s
le
1. To pay or comply with conditionsnRof ob the lease and
r
a Ba
Ch
2. To vacate R o bl
e s
an
Form of Demand: Ch
1. by serving written notice

2. by posting such notices on the premises if no person be found

Unlawful Detainer
Distinctions between forcible entry s
Ba and unlawful detainer had been clearly
r
e
explained: R o bl
an Ba
r
Forcible entry and unlawfulChdetainer b le
scases are two distinct actions defined in
Section 1, Rule 70 of the Rules of an
RoCourt. In forcible entry, one is deprived of
r
Ba
Ch
physical possession of land or buildingoblby e s
means of force, intimidation, threat,
R
strategy, or stealth. In unlawful detainer, h
an one Ba unlawfully withholds possession
r
C es
thereof after the expiration or termination R o blof his right to hold possession under
an r
any contract, express or implied. In forcible Ch entry,
e s
Ba the possession is illegal from
bl
the beginning and the basic inquiry centersnRon who has o
r
the prior possession de
a Ba
facto. In unlawful detainer, the possession C was originally
h
b le
s lawful but became
o
unlawful by the expiration or termination of the h
an right to possess, hence the
R
issue of rightful possession is decisive for, inCsuch action, the defendant is in

actual possession and the plaintiff's cause of action is the termination of the
defendant's right to continue in possession.
[Bugayong-Santiago vs. Bugayong, 848 SCRA 192 (2017)]

Unlawful Detainer
r
Ba
Right to commence the action arises
Ro
bl
es
an Ba
r
Ch
- if lessee fails to comply with the requisite of
an
Ro
b l es
r
Ba
demand after Ch
Ro
bl
es
an Ba
r
Ch
a. 15 days – in the case of land or
s
b le
Ro
an Ba
r
Ch es
b. 5 days – in the case of buildings an
Ro
bl
Ba
r
Ch es
Period to file b l
Ro
an
Ch
1 year after unlawful deprivation or withholding of

possession

Unlawful Detainer
r
Ba
The Rules are clear that ifoblthe entry into the property is illegal,
es
R
the action which may Cbe h
an
filedlesagainst
Ba
r
the intruder is forcible
b
entry and this action musthanbe Ro brought Ba
r within one (1) year from
the illegal entry. But if the entry bl is originally legal then became
C e s
R o
an r
illegal due to the expiration Cor termination
h
bl
es
Ba
of the right to
possess, an unlawful detainer case mays Barbe brought within one
R o
an
Ch e
(1) year from the date of the last demand. R o bl
This action will only
an a r
prosper in a case where the plaintiff Ch allows b l es
B
the defendant to use
Ro
the property by tolerance without any C h
ancontract, and the
defendant is necessarily bound by an implied promise that he

will vacate on demand. [Bugayong-Santiago vs. Bugayong, G.R. No.
220389,6 December 2017)]

Unlawful Detainer
r
Ba
Where to file Ro
bl
es
an Ba
r
Ch
MTC an
Ro
b l es
r
Ba
Ch es
bl
Ro
an Ba
r
Ch s
le
All actions for forcible entry and unlawful detainer an
Ro
b
Ba
r
Ch es
shall be governed by the summary procedure an
Ro
bl
Ba
r
Ch es
Exception: cases covered by agricultural tenancy b l
Ro
an
Ch
laws or when the law otherwise expressly provides

Unlawful Detainer
r
Ba
Only pleadings allowed: an

Ro
bl
es
Ba
r
Ch es
1. complaint b l
Ro
an Ba
r
Ch es
bl
2. compulsory counter-claim pleaded in the

Ch
an
Ro
b le
s
Ba
r
answer
Ro
an Ba
r
Ch es
bl
Ro
3. cross-claim pleaded in the answer

an Ba
r
Ch es
bl
Ro
an
4. respective answers Ch

Unlawful Detainer
r
Ba
Answer to Complaint by Ro
bl defendant – 10days from service
es
of summons an r
Ba
Ch e s
o bl
R
Answer to counter-claims C h
an
or cross-claims
le
s
Ba
r
-10 days from
b
service of answer h
an
Ro
Ba
r
C es
bl
Effect of Failure to Answer: hanR o
Ba
r
C e s
Court, motu proprio or on motion, an

o bl
R shall render judgment:
Ba
r
C h s
e
1. limited to what is prayed for in the an
R o bl
complaint
Ch
2. Court may reduce the amount of damages and
attorney’s fees

Unlawful Detainer
r
Ba
Preliminary Conference an
Ro
bl
es
Ba
r
Ch es
- not later than 30 days after the last b l

Ro
an Ba
r
Ch es
answer is filed
bl
Ro
an Ba
r
Ch s
b le
- failure of plaintiff to appear –

Ro
an Ba
r
Ch es
bl
Ro
cause for the dismissal of the complain

an Ba
r
Ch es
b l
Ro
an
defendant who appears- entitled to Ch
judgment on his counter-claim

Unlawful Detainer
r
Ba
Submission of affidavits an
Ro
bl
es
Ba
r
Ch es
- 10 days from receipt of order b l

Ro
an Ba
r
Ch es
bl
- parties shall submit the Ch

an
Ro
b le
s
Ba
r
Ro
a. affidavits of their witnesses and an r

Ba
Ch es
bl
Ro
an Ba
r
b. other evidence Ch
an
Ro
b les
Ch
c. position papers

Unlawful Detainer
r
Ba
Rendition of JudgmentRobl es
an Ba
r
a. Within 30 days after receipt

Ch
o bl
e s
of the affidavits and position
R
papers or expiration forChafiling
n
le
the
s
Ba
r
same, court shall render
b
judgment h
an
Ro
Ba
r
C es
bl
b. Instead of rendering judgment, an
R o
CourtBa
r may find it
Ch s
necessary to clarify certain matters,
e
o bl
R
an Ba
r
h
- Court may issue an order specifying bl that matters be
C e s
R o
an
clarified and require parties to submit Ch affidavits/evidence
within 10 days.
- Judgment shall rendered within 15 days after receipt of
last affidavit

Unlawful Detainer
r
Ba
Referral for conciliationRobl es
an Ba
r
Failure to comply - dismissed

Ch
ob
le
s
without prejudice
R
an Ba
r
Ch es
bl
Ro
Prohibited Pleadings an r
Ba
es Ch
o bl
R
a. Motion to dismiss Ch
an
e s
Ba
r
o bl
Exception:
R
an Ba
r
C h s
e
o bl
1. Motion to dismiss basedChon an

R
lack of jurisdiction
over the subject matter
2. Motion to dismiss for failure to comply with
section 12 (referral to Lupon for conciliation)

Unlawful Detainer
r
Ba
b. Motion for a Bill of Particulars
Ro
bl
es
an Ba
r
c. Motion for New Trial /for

Ch
o bl reconsideration of a judgment/
e s
R
reopening of trial C h
an
e s
Ba
r
o bl
d. Petition for relief from Cjudgment

R
an Ba
r
h
es
o bl
e. Motion for extension of time Ch

an to file
R
e s
Ba pleadings, affidavits
r
bl
or other papers an
R o
Ba
r
C h s
e
f. Memoranda an
R o bl
Ch
g. Petition for Certiorari, Mandamus or Prohibition against
any interlocutory order issued by the
court

Unlawful Detainer
r
Ba
h. Motion to declare defendant in default

an
Ro
bl
es
Ba
r
Ch es
i. Dilatory motions for postponement b l

Ro
an Ba
r
Ch es
bl
j. Reply Ch
an
Ro
b le
s
Ba
r
Ro
k. Third-party complaints an r
Ba
Ch es
bl
Ro
an Ba
r
l. Interventions Ch
an
Ro
b les
Ch

Unlawful Detainer
r
Ba
Preliminary Injunction Ro
bl
es
an Ba
r
Ch
Purpose: to prevent the defendant from
an
Ro
b l es
r
Ba
committing further acts of dispossession against
Ch
Ro
bl
es
an r
the plaintiff. Ch
Ro
b le
s
Ba
an Ba
r
Who files: a person deprived of his possession Ch

Ro
bl
es
an r
through forcible entry or unlawful detainer Ch

Ro
b les
Ba
an
When: within 5 days from filing action for forcible Ch
entry or unlawful detainer

Unlawful Detainer
r
Ba
What to file: filing of aRomotion
bl for the issuance of Writ of
es
Preliminary Mandatory Injunction an r

Ba
Ch es
b l
Ro
Court: shall decide the Chmotion
an
e s
Bwithin
ar 30 days from the
bl
filing an
Ro
Ba
r
h
When available: C
R o bl
es
an r
1. at the start of action C h
o bl
e s
Ba
2. On appeal to RTC upon motion of plaintiff within 10 days

R
an Ba
r
C h s
l e
from perfection of appeal

b
Ro
a n
Ch
Defense of Ownership
Issue of ownership shall be resolved only to determine the
issue of possession

Unlawful Detainer
r
Ba
Judgment an
Ro
bl
es
Ba
r
Ch
a. Judgment in favor of plaintiff an
Ro
b les
Ba
r
Ch
- restitution of the premises, the sum justly
es
bl
Ro
an Ba
r
Ch
due as arrears of rent or as reasonable

s
b le
Ro
an Ba
r
Ch
compensation for the use and occupation of

es
bl
Ro
an Ba
r
Ch es
the premises, attorney’s fees and costs Ch
an
Ro
bl
b. Judgment for the defendant

- amount to recover his costs

Unlawful Detainer
r
Ba
Judgment conclusive only on possession not
Ro
bl
es
an Ba
r
conclusive in actions involving title or ownership

Ch
Ro
b l es
an Ba
r
- Judgment shall be conclusive with respect to

Ch
Ro
bl
es
an r
possession only Ch
Ro
b le
s
Ba
an Ba
r
- does not bind the title or affect ownership Ch

Ro
bl
es
an Ba
r
Ch
- not a bar in an action between the same parties an
Ro
b les
respecting title to the land or building Ch

Unlawful Detainer
r
Ba
Appeal of MTC’s Judgment Ro
bl
es
an Ba
r
Ch
Appealable to RTC an
Ro
b l es
r
Ba
Ch es
bl
Ro
an Ba
r
Ch s
le
General Rule: Judgment of the MTC against the an
Ro
b
Ba
r
Ch es
defendant in ejectment cases is immediately an
Ro
bl
Ba
r
Ch
executory an
Ro
b les
Ch
Exception: Stay the execution by:
a. Perfect an appeal with RTC

Unlawful Detainer
r
Ba
b. File a supersedeas bond to pay for the rents,
Ro
bl
es
an Ba
r
damages and costs accruing up to the time of the

Ch
Ro
b l es
an r
judgment appealed from Ch
Ro
bl
es
Ba
an r
c. Deposit periodically with the RTC, during the

Ch
Ro
b le
s
Ba
pendency of the appeal, the adjudged amount of

an Ba
r
Ch es
bl
Ro
the monthly rent due under the contract or in the an r
Ba
Ch es
b l
Ro
absence thereof, the reasonable value of the use Ch
an
and occupation of the property

Unlawful Detainer
r
Ba
Judgment of the RTC against the defendant

an
Ro
bl
es
Ba
r
Ch
shall be immediately executory, without
an
Ro
b l es
Ba
r
Ch
prejudice to a further appeal that may be
es
bl
Ro
an Ba
r
Ch
taken therefrom.
s
b le
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
Ejectment judgment binding third parties Ch
an

Unlawful Detainer
r
Ba
A judgment directing a party bl to deliver possession of a property to
es
Ro
another is in personam. Cxhanx x Anys Bajudgment r
therein is binding only
e
upon the parties properly impleaded Ro
b l
and duly heard or given an
an a r
opportunity to be heard. However,
Ch
b
this
l es
B
rule admits of the exception,
o
such that even a non-party mayhanbe R
bound Ba
r by the judgment in an
C s
ejectment suit where he is any of theRobfollowing: le
(a) trespasser,
n r
squatter; or agent of the defendant Ch fraudulently
a
l e s
Ba
occupying the
b
property to frustrate the judgment; (b) an guest or
Ro
Ba
r occupant of the
Ch
(c) transferee pendente
s
premises with the permission of the defendant; R o bl
e
lite; (d) sublessee; (e) co-lessee; or (f) member Ch

a n
of the family, relative
or privy of the defendant.
[Estrellado vs. The Presiding Judge of the Municipal Trial Court in
Cities, 844 SCRA 304 (2017)]
Rule 71: Contempt

r
Ba
In its broad sense, contempt
Ro
bl
es
is a disregard of, or
disobedience to, theChrule
an
or orders of a legislative or
r
Ba
s
b le
Ro
judicial body or an interruption
Ch
an
e s
Baof its proceedings by
r
bl
disorderly behavior or insolent an
R o
language
B ar
in its presence or
Ch
so near thereto as to disturb its R o blproceedings or to impair
es
an r
the respect due to such a body. Inobleits restricted and more
C h s
Ba
usual sense, contempt comprehends a Bdespising of the

R
an ar
C h s
l e
authority, justice, or dignity of a court.

b
Ro
a n
Ch
[Castillejos Consumers Association, Inc. (CASCONA) v.

Dominguez, 754 SCRA 385 (2015)]
Rule 71: Contempt

r
Ba
The contempt power of the legislature is,

an
Ro
bl
es
Ba
r
therefore, sui generis, and local legislative

Ch es
b l
Ro
an Ba
r
Ch
bodies cannot correctly claim to possess it
es
bl
Ro
an Ba
r
Ch
for the same reasons that the national

s
b le
Ro
an Ba
r
Ch
legislature does.
es
bl
Ro
an Ba
r
Ch es
[Negros Oriental II Electric Cooperatiive, Inc. v.

b l
Ro
an
Ch
Sangguniang Panlungsod of Dumaguete, 155

SCRA 421 (1987)]
Rule 71: Contempt

r
Ba
Kinds of Contempt Ro
bl
es
an Ba
r
A. According to the manner

Ch
o bl of commission
e s
R
an r
a. Direct Contempt C h
o bl
e s
Ba
R
b. Indirect Contempt an r
h Ba
C es
o bl
R
B. According to the Nature Ch an
e s
Ba
r
o bl
a. Civil
R
an Ba
r
C h s
e
o bl
1. Purpose is to protect and enforce Ch

an civil rights and
R
remedies for the litigants;

2. Failure to do something ordered by the court for the
benefit of a party.
Rule 71: Contempt

r
Ba
A contempt proceeding is held to be civil in nature
Ro
bl
es
an Ba
r
when it is for the enforcement of some duty and

Ch
Ro
b les
an r
when it is availed of as a remedy to preserve and
Ch
Ro
bl
es
Ba
enforce the rights of a private party to an action

an r
Ba
Ch s
b le
Ro
and to compel obedience to a judgment or decree Ch
an
bl
es
Ba
r
intended to benefit such a party-litigant. Ch

an
Ro
es
Ba
r
bl
Guerrero v. Director, Land Management Bureau, 757 SCRA Ch

an
Ro
109 (2015)
Rule 71: Contempt

r
Ba
b. Criminal Ro
bl
es
an Ba
r
1. Purpose is to vindicate opublic

Ch
bl
e s
authority;
R
an r
2. Conduct directed against othe
C h
bl
e s
Ba
dignity or authority of the
court.
R
an Ba
r
h
C es
o bl
Criminal contempt is “conduct Ch

an directed
R
e s
Ba
r
against authority
bl
and dignity of the court or a judge an
Ro acting judicially; it is an
Ba
r
Ch
act obstructing the administration of bjustice which tends to
s
le
R o
n
bring the court into disrepute or disrespect.”
a
C h
[Burgos v. Macapagal-Arroyo, 653 SCRA 512 (2011)]
Rule 71: Contempt

r
Ba
Purpose of contempt Ro
bl
es
an Ba
r
Ch
Contempt proceedings have a dual function: (a)
an
Ro
b les
r
Ba
vindication of public interest by punishment of
Ch
Ro
bl
es
an r
contemptuous conduct; and (b) coercion to Ch

Ro
b le
s
Ba
compel the contemnor to do what the law requires

an Ba
r
Ch es
bl
Ro
him to uphold the power of the Court, and also to an r
Ba
Ch es
bl
Ro
secure the rights of the parties to a suit awarded Ch
an
by the Court.
[Regalado v. Go, 514 SCRA 616 (2007)]
Rule 71: Contempt

r
Ba
Direct Contempt Ro
bl
es
an Ba
r
a. A misbehavior committed
Ch
o bl
e in the presence of or so near a
s
R
court or judge so as toC obstruct
h
an
e s
Ba or interrupt the
r
bl
proceedings before the same, h
an
R o
including:
Ba
r
C es
bl
1. disrespect toward the court an
R o
Ba
r
Ch e s
bl
2. offensive personalities towardanRothersBar o
Ch s
le
3. refusal to be sworn or to answeranRas o b
a witness or to
subscribe an affidavit/deposition when Ch
lawfully required to
do so.
Rule 71: Contempt

r
Ba
b. Procedure –summarily adjudge by court

an
Ro
bl
es
Ba
r
Ch es
Punishment – b l
Ro
an Ba
r
Ch es
bl
a. RTC or court of equivalent rank Ch

an
Ro
b le
s
Ba
r
Ro
Fine – not exceeding ₱2,000 or an r

Ba
Ch es
bl
Ro
an Ba
r
Imprisonment –not exceeding 10 days, or Ch
an
Ro
b les
Ch
Both Fine and Imprisonment
Rule 71: Contempt

r
Ba
b. Lower Court an
Ro
bl
es
Ba
r
Ch es
Fine –not exceeding ₱200, or b l

Ro
an Ba
r
Ch es
bl
Imprisonment –not exceeding 1 day. or Ch

an
Ro
b le
s
Ba
r
Ro
Both Fine and Imprisonment an r

Ba
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
c. Remedy
Not appeal but certiorari or prohibition
Rule 71: Contempt

r
Ba
Indirect Contempt an
Ro
bl
es
Ba
r
Ch es
a. Procedure- b l
Ro
an Ba
r
Ch es
bl
1. there must be a charge in writing, Ch

an
Ro
bl
e s
Ba
r
R o
2. an opportunity given to the respondent to an r

Ba
Ch es
b l
Ro
comment
an Ba
r
Ch es
bl
Ro
an
3. to be heard by himself or counsel Ch
Rule 71: Contempt

r
Ba
b. Acts punished for indirect contempt:
Ro
bl
es
an Ba
r
Ch
1. Misbehavior of an officer of courtan
Ro
b l es
r
Ba
Ch es
2. Disobedience of or resistance to a lawful writ,
an
Ro
bl
Ba
r
Ch
process, order, or judgment of court
s
b le
Ro
an Ba
r
Ch es
3. Abuse of or any unlawful interference with the an
Ro
bl
Ba
r
Ch
processes or proceedings of court not constituting an
Ro
b les
direct contempt Ch
Rule 71: Contempt

r
Ba
4. Improper conduct tending, directly or indirectly,
Ro
bl
es
an Ba
r
to impede, obstruct or degrade the administration

Ch
Ro
b les
an r
of justice Ch
Ro
bl
es
Ba
an r
5. Assuming to be an attorney or an officer of

Ch
Ro
b le
s
Ba
court, and acting as such without authority

an Ba
r
Ch es
bl
Ro
an r
6. Failure to obey subpoena Ch

Ro
bl
es
Ba
an
7. Rescue, or attempted to rescue, of a person or Ch
property in the custody of an officer by virtue of

an order or process court held by him
Rule 71: Contempt

r
Ba
Commencement of Indirect contempt
Ro
bl
es
an Ba
r
A. By Court Ch
Ro
b l es
an Ba
r
1. motu proprio Ch
Ro
bl
es
an Ba
r
2. formal charge requiring the respondent to show

Ch
Ro
b le
s
an r
cause why he should not be punished for contempt Ch
bl
es
Ba
Ro
an r
B. By Party Ch
b les
Ba
Ro
an
verified petition Ch
compliance with requirements for filing initiatory

pleadings
Rule 71: Contempt

r
Ba
Where to File Ro
bl
es
an Ba
r
A. Indirect contempt committed

Ch
o bl
e s
in RTC or equivalent rank
R
– with such court Ch
an
e s
Ba
r
o bl
B. Indirect contempt committed in Ba lower court –

R
an r
h
C es
o bl
in such lower court or Ch

an
R
e s
Ba
r
bl
RTC of the place where lower court C h
an
R o
is ssiting
Ba
r
e
bl
Hearing an
R o
Ch
If hearing is not immediately conducted, respondent may

be released on bail
Rule 71: Contempt

r
Ba
Punishment for Indirect Contempt

an
Ro
bl
es
Ba
r
Ch es
a. RTC or equivalent rank b l

Ro
an Ba
r
Ch es
bl
Fine- not exceeding ₱30,000, or Ch

an
Ro
b le
s
Ba
r
Ro
Imprisonment – not exceeding 6 months, or an r

Ba
Ch es
bl
Ro
an Ba
r
Both Ch
an
Ro
b les
Ch
Rule 71: Contempt

r
Ba
b. Lower Court Ro
bl
es
an Ba
r
Ch
Fine – not exceeding ₱5,000 an
Ro
b les
r
Ba
Ch es
Imprisonment – not exceeding 1 month, or an
Ro
bl
Ba
r
Ch s
le
Both an
Ro
b
Ba
r
Ch es
*if violation of writ of injunction, TRO or status

bl
Ro
an Ba
r
Ch es
quo order an
Ro
bl
Ch
- Complete Restitution to the party injured or such

amount as may be alleged and proven
Rule 71: Contempt

r
Ba
Contempt consists in the refusal or omission

an
Ro
bl
es
Ba
r
Ch
to do an act an
Ro
b l es
Ba
r
Ch es
- he may be imprisoned by order of court

bl
Ro
an Ba
r
Ch s
le
until he performs it
b
Ro
an Ba
r
Ch es
bl
Ro
an Ba
r
Ch es
b l
Ro
an
Ch
Rule 71: Contempt

r
Ba
Contempt against quasi-judicial Ro
bl
es
an Ba
r
Ch
Rule 71 applies to contempt committed against
an
Ro
b l es
r
Ba
persons, entities, bodies or agencies exercising
Ch
Ro
bl
es
an r
quasi-judicial functions, or Ch
Ro
b le
s
Ba
an Ba
r
Rule 71 shall have suppletory effect to such rules Ch

Ro
bl
es
an r
as they may have adopted pursuant to authority Ch

Ro
b les
Ba
granted to them by law to punish for contempt. Ch

an
Where to file: RTC of the place wherein the

contempt has been committed.

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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

Jurisdiction – the power and authority of the

d. jurisdiction over the res or thing involved in the

[Boston Equity Resources, Inc. v. Court of Appeals (2013),

Jurisdiction over the subject matter

- jurisdiction of court over the class of cases

to which a particular case belongs.

[De Pedro v. Romasan Development Corp., 743

on its own initiative. Ch

decisions made by a court are void. Ch

- Decisions rendered without jurisdiction may be

Jurisdiction vs. Exercise of Jurisdiction

- Jurisdiction is the authority to decide a

case. Jurisdiction is the power or authority

[Arranza v. B.F. Homes, Inc., 333 SCRA 799, 812

- The exercise of this power or authority is

called the exercise of jurisdiction and where

subject matter, the decision on all other

questions arising in the case is but an

(Republic v. “G.” Holdings, Inc., 475 SCRA 608,

- may also occur when the court Ch

- correctible by certiorari (BPI v. Co, 774 SCRA 28 ((2015)

- As long as the court acts within its b l

jurisdiction, any alleged errors committed in

the exercise of its discretion will amount to

(Cabrera v. Lapid, 510 SCRA 55, 66 (2006) Ch

- only by the Constitution oor

b. acquired, waived, enlarged, Ch

d. conferred by the administrative policy of courts

g. the subject matter of a contact.

[Republic v. Estipular, 336 SCRA 333 (2000); Arranza

(1985); Cadimas v. Carrion, 567 SCRA 101 (2008); Ch

Peralta-Labrador v. Bugarin, 468 SCRA 308 (2005);

Hence, a complaint merely bearing the s caption, “recovery

every opportunity to decide a matter within his

jurisdiction. Such remedy must be exhausted first

(Garcia v. Tolentino, 12 August, 766 SCRA 277 (2015)

the expertise, specialized training, and

knowledge of an administrative body, relief

must first be obtained in an administrative an r

proceeding before resort to the court is Ch

made even if the matter may well be within

the latter’s proper jurisdiction Ch

(Nestle Philippines, Inc. v. Uniwide Sales , Inc.,

after an administrative agency has determined

some question or some aspects of some question

SCRA 232, 240, 2010)

a. COA - money claims against government

Development Corporation, 711nRoSCRAes

which bid for a waterworks project was compatible Ch

(Concerned Officials of the MWSS v. Vasquez, 240 SCRA

employment status of employees.

(Paloma v. Mora, 470 SCRA 711 (2005)

d. Department of Agrarian Reform Adjudicatory

Board (DARAB) - agrarian dispute over payment Ch

of back rentals under a leasehold contract.

(Cubero v. Laguna Wet Multi-Purpose Cooperatives,

Inc., 509 SCRA 410, (2006)) an r

factual issues in labor situations. an r