INTRODUCTION to CIVIL PROCEDURE

Substantive Law vs Procedural Law

Substantive Law - creates, defines, and regulates rights and duties concerning life,
liberty or property

Remedial Law - prescribes the methods of enforcing those rights and obligations created
by substantive law by providing a procedural system for obtaining redress for the invasion
of rights and violations of duties and by laying out rules as to how suits are filed, tried,
and decided upon by the courts.

Are procedural rules under the Rules of Court considered laws?

No. The ROC as a whole has reference to the body of rules governing pleading, practice
and procedure promulgated by the SC pursuant to its rule-making powers under the
Constitution. As they do not originate from the legislature, they cannot be called laws in
the strict sense of the word.

Prospective effect of the ROC

The ROC are not penal laws and are not to be given retroactive effect. Rules may be
made to apply however to pending actions, when applicable. It cannot be considered
violative of any personal rights because no vested right may attach to nor rise therefrom.
Exceptions:
1. Where statute itself expressly provides or by necessary implication
2. If it will impair vested rights
3. If it will cause injustice
4. If violative of due process

Applicability of ROC (Rule 1, Sec 2-3)

The ROC shall govern the procedure to be observed in civil, criminal, specpro, and shall
apply in all courts except as otherwise provided by the SC.

Inapplicability of ROC (Rule 1, Sec 4)

The ROC shall not apply to the following cases (election cases, landreg, cadastral,
naturalization, insolvency) but may apply by analogy or suppletory character.

Classification of Courts
Court - entity or body vested with portion of the judicial power
 Courts of Law vs Courts of Equity
Court of Law - any tribunal duly administering the laws of the land

Court of Equity - a tribunal which rules according to the precepts of equity or justice, and
is sometimes called “courts of conscience. It adjudicates a controversy according to the
common precepts of what is right and just and without inquiring into the terms of the
statutes.
*Philippine courts are both courts of law and equity. Hence, both legal and equitable
jurisdiction is dispensed with in the same tribunal.

Constitutional Court vs Statutory Court

Constitutional Court Statutory Court

One created by a direct Constitutional One created by law other than the
provision Constitution

Cannot be legislated out of existence ir May be abolished by Congress by

deprived by law of the jurisdiction and repealing the law creating it
powers unqualifiedly vested in them by
the Constitution

Supreme Court (only consti court); All courts, except SC

Sandiganbayan (consti mandated)

Superior Court vs Inferior Court

Superior Court - courts which have the power of review or supervision over lower courts

Inferior Court - those, which in relation to a superior court, are lower in rank and subject
to review and supervision by the latter

Civil Court vs Criminal Court

Civil Court - those which determine controversies between private persons

Criminal Court - those which adjudicate offenses alleged to have been committed
against the state
 As to level
First Level - MTC, MTCC, MetC, MCTC
Second Level - RTC
Third Level - CA, CTA, Sandiganbayan
Fourth Level - Supreme Court

Court of Record - those courts whose proceedings are enrolled and which are
bound to keep a written record of all trials and proceedings handled by them. (significance
- review by appellate court)

Rule-Making Power of the Supreme Court (Section 5(5), Article VIII)

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

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

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

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

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

Ask question on Echegaray v Sec of Justice case (final and executory - lethal
injection (final and exec judgment - lift TRO, set anew date of execution)

Ask Estipona vs Lobrigo (plea bargaining - rule of procedure - crimpro)

Limitations on the Rule Making Power of the Supreme Court

1. The rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases.
2. The rules shall be uniform for courts of the same grade.
3. The rules shall not diminish, increase, or modify substantive rights (Sec 5(5) Article
8)

Rule on Liberal Construction

Rule 1, Sec. 6 - Construction. - These rules shall be liberally construed in order to promote
their objective of securing a just, speedy and inexpensive disposition of every action and
proceeding.
The rule means that the rigid application of the Rules may be relaxed so that the
ends of justice may be better served.
The court however, cautions that it does not mean that procedural rules are to be
ignored or disdained at will to suit the convenience of a party. Procedural law has its own
rationale in the orderly administration of justice, namely to ensure the effective
enforcement of substantive rights by providing for a system that obviates arbitrariness,
caprice, despotism, or whimsicality in the settlement of disputes.

How Jurisdiction over subject matter acquired: filing of complaint and payment of
prescribed docket fee, conferred by law
How jurisdiction over parties: filing of complaint, rule on summons
How jurisdiction over issues determined: upon allegations in the complaint, rule on
pleadings
How jurisdiction over the res acquired: rule on attachment

Principle of Judicial Hierarchy

It means that lower courts shall initially decide a case before it is considered by a higher
court. A higher court will not entertain direct resort to it unless the redress desired cannot
be obtained in the appropriate courts.

Doctrine of Judicial Stability or Non-Interference

GR - No court has the authority to interfere by injunction with the judgment or decrees of
another court with concurrent or coordinate jurisdiction possessing equal power to grant
injunctive relief or to pass upon or scrutinize and much less declare as unjust a judgment
of another court.
Exc - Does not apply when a third party claimant is involved (Santos v Bayhon, GR No.
88643, July 23, 1991) - injunction sheriff seizes property of judgment debtor but in fact
owned by another

Doctrine of Adherence of Jurisdiction (Continuity of Jurisdiction)

The doctrine means that once jurisdiction has attached, it cannot be ousted by
subsequent happenings or events, although of a character which would have prevented
jurisdiction from attaching in the first instance. The court once jurisdiction has been
acquired, retains that jurisdiction until it finally disposes of the same.

Exclusionary Principle
The court first acquiring jurisdiction excludes all others.

Doctrine of Primary Jurisdiction

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

Doctrine of Ancillary Jurisdiction

It involves the inherent or implied powers of the court to determine issues incidental to
the exercise of its primary jurisdiction.

Residual Jurisdiction
Jurisdiction left to be exercised by the trial court after the case has been appealed to a
higher court.

Delegated Jurisdiction of Inferior Courts

Under Section 34 of BP 129, inferior courts can try land reg and cadastral cases
regardless of value if case is uncontested, and it contested, the value of the lots should
not exceed P100,000.00
 Special Jurisdiction of MTC
In the absence of all the RTC judges, any MTC judge in the province or city where the
absent RTC judges sit, may hear and decide:
1. Petitions for a writ of habeas corpus;
2. Applications for bail in criminal cases.

How many courts exercise jurisdiction over Certiorari Prohibition Mandamus?

Three. SC CA and RTC. Theoretically, you may go to directly to SC. However,
because of the limitation on the Heirarhy of Courts you should follow file before the lower
courts first.

The Supreme Court is a court of limited jurisdiction. True or False?

True. The Supreme Court despite being the supreme court of the land is not a
court of general jurisdiction. It exercises only limited original jurisdiction as provided for
under the Constitution.

Annulment of Judgment - remedy in law independent of the case where the judgment
sought to be annulled was rendered. The purpose is to have the final and executory
judgment set aside so that there will be renewal of litigation. Extrinsic Fraud (collusion),
Lack of jurisdiction.

The Court of Appeals has exclusive original jurisdiction over Annulment of

Judgment of an RTC under Rule 47. Does it mean that the CA can annul a judgment
rendered by the MTC?
No. CA only has limited jurisdiction, it can only annul judgments by RTC.

Who has jurisdiction to annul judgments of MTC?

RTC. not found in bp 129 but in Section 10 of Rule 47

But can we not challenge the jurisdiction of RTC as BP 129, a special law shall take
precedence over the Rules?
No. RTC is a court of general jurisdiction. BP 129 provides for an allocation to the
RTC of jurisdiction to entertain and decide all kinds of actions whih are not especially
given to other courts.

Can the petition for annulment of judgment stop the execution of an RTC decision
that has become final and executory? (relate to echegaray)
No. The only remedy is to file for a TRO.
See BP 129 on the jurisdiction of CA, RTC, MTC

Examples of action and where jurisdiction lies:

1) Expropriation - RTC incapable of pecuniary estimation - whether or not state has

right to expropriate
2) Action for foreclosure of mortgage - RTC incapable of pecuniary estimation -
whether or not right to foreclose (regardless of the amount of the loan)
3) Damages for slanderous libelous statements made by an employer against
employee - regular courts and not NLRC - not all labor controversies fall under the
jurisdiction of arbiters. In this case, principal issue is right to recover damages,
hence regular courts
4) Person seeks to recover 1,000,000.00 - RTC or MTC? Depends. Check Totality
Rule

Totality Rule under BP 129 - Section 33. Where there are several claims or causes of
actions between the same or different parties, embodied in the same complaint, the
amount of the demand shall be the totality of the claims in all causes of actions,
irrespective of whether the causes of action arose out of the same or different
transactions.

Totality Rule under ROC - Rule 2 Sec 5(d) Where the claims in all the causes of action
are principally for recovery of money, the aggregate amount shall be the test of jurisdiction

What is the difference between the Totality Rule under BP 129 and under ROC?
Under the ROC, it concerns causes of actions for money, as to its amount. The
totality of claims shall be determinative of the jurisdictional amount
Under BP 129, it refers to all claims or causes of actions in a complaint, whether
they refer to the same or different parties or arising out of the same or differing
transactions. This is more encompassing.

What is excluded in determining the jurisdictional amount in relation to the so

called totality rule? (bp 129, as amended, and under ra 7691), exclude IDALEC:
1. Interest
2. Damages of whatever kind
3. Attorney’s fees
4. Litigation Expenses
 5. Costs of suit

IRENE SANTE and REYNALDO SANTE vs HON EDILBERTO CLARAVALL

AM No. 09-94 The exclusion of the term “damages of whatever kind” in determining
the jurisdictional amount under Section 19 (8) and Section 33 (1) of BP 129 as amended
by RA 7691 applies to cases where damages are merely incidental to or a consequence
of the main cause of action. However, in cases where the claim for damages is the main
cause of action, or one of the causes of action, the amount of such claim shall be
considered in determining the jurisdiction of the court.

Question: Supposing A owes B P350,000 on January 1, 2007 and A also owed B another
P350,000 on February 1, 2007. Assume that the debts are now legally due and
demandable and that the parties reside in Quezon City. Where do you file the case?
Answer: RTC Quezon City. Under the rule on joinder of causes of action, B may file a
single suit against A for the collection of both debts, despite the claims being actually
separate causes of actions and having arisen out of different transactions.

Question: Supposing A filed a case of replevin (recovery of personal property) alleging

that his car is worth P1,000,000.00. Defendant B files a motion to dismiss alleging that
the case does not fall within the jurisdictional amount of the RTC. B presented proof that
the car is 10 years old and only actually valued at Php 200,000.00. Rule on the motion.
Answer: Motion to dismiss will be denied. The court already acquired jurisdiction over the
case, based on the allegations in the complaint. Once the court acquires jurisdiction, it
cannot be ousted. (Doctrine of Adherence to Jurisdiction)

Question: Supposing A filed a claim for sum of money against B in the MTC in the amount
of P300,000.00. B filed an answer with counterclaim alleging that A is liable to him in the
amount of P500,000.00. Can the court award the counterclaim of P500,000?
Answer: No. The court can only award P400,000.00 which is the limit of the court’s
jurisdiction. When B filed his counterclaim before the court, he voluntarily submitted
himself to the jurisdiction of the court and is thereby bound by the limit of the court’s
jurisdiction. B is deemed to have waived the excess of his claim.

RULE 2 CAUSE OF ACTION

See rules for definitions of Ordinary Civil Action, Special Civil Action, Criminal Action

A Cause of Action is the act or omission by which a party violates the right of
another.
Elements:
1. Legal right of the plaintiff
2. The correlative obligation of the defendant
3. The act or omission of the defendant in violation of the said legal right.

SWAGMAN HOTELS and TRAVEL INC vs CA

Elements of Cause of Action. It is only upon the occurrence of the last element that
a cause of action arises, giving plaintiff the right to maintain an action in court.
Interpretation of Section 5 Rule 10 by lower courts erroneous. The curing of Section 5 is
applicable only if a cause of action in fact exists at the time the complaint is filed, but the
complaint is defective for failure to allege the essential facts. A complaint whose cause of
action has not yet accrued cannot be cured or remedied by an amended or supplemented
pleading alleging the existence or accrual of cause of action.

How do you determine how many causes of action are there?

Determine whether the rights violated belong to one person or different persons
and determine how many acts or omissions there are.
Several rights of one person were violated by one act - 1 cause of action
Several rights of several persons were violated by one act - several causes of
action

Supposing A’s car rammed against three houses. How many causes of actions are there?
If three houses belonged to one person, then only one cause of action, because
only one owner and only own act or omission brought about the injury. Owner of houses
can only file one complaint otherwise he will be splitting his causes of actions.
If the three houses belonged to different persons, then there are several causes of
action. And the 3 different owners may file 3 separate complaints.

Splitting a Single Cause of Action - act of dividing a single cause of action, claim or
demand, into two or more parts, and bringing suit for one of such parts only, intending to
reserve the rest for another separate action. *NOTE: Only applies where the action is
between the same parties

Remedy of defendant when a single of action has been split? File a motion to
dismiss on the grounds of:
- Litis pendencia (first action is pending when second action was filed) - relate to
forum shopping
- Res judicata (if final judgment in first case has been rendered when second action
was filed)
Three tests to determine whether there is a single cause of action
1. Whether same evidence would sustain both actions (same evidence test)
2. Whether defenses in one case may be used in another case
3. Whether the cause of action in the second case existed at the time of the filing of
first complaint

Rules in determining the singleness of a cause of action

GR: A contract embraces only one cause of action because it may be violated only once
even if it contains several stipulations (Quioge case)
Exception: A contract to do several things at several times is divisible in its nature. This
kind of obligation authorizes successive actions and a judgment recovered for a single
breach does not bar a suit for a subsequent breach (Blossom & Co case)
Example: PN payable in several installments with no acceleration cause
Exception to Exception: If at the time of the bringing of the suit, several installments are
already due, all must be included as integrating a single cause of action, otherwise those
not included would be barred (see Larena vs Villanueva)

QUIOGUE ET AL vs BAUTISTA
Section 3 Rule 2 invoked by appellants, which provides that a single cause of
action cannot be split up into two or more parts so as to be made the subject of different
complaints, does not apply, for here there is not a single cause of action that was split up,
but several causes that refer to different transactions. And it was held that a contract
embraces only one cause of action because it may have been violated only once even if
it contains several stipulations. Thus, non-payment of a loan secured by mortgage
constitutes a single cause of action. The creditor cannot split up single cause of action
into 2 complaints, one for payment of debt, and another for foreclosure of mortgage.

BLOSSOM & CO INC v MANILA GAS

Inasmuch as there was a total breach of the contract by the defendant’s refusal to
deliver, the plaintiff cannot split up his demand and maintain successive actions, but must
either recover all his damages in the first suit or wait until the contract matured or the time
for the delivery of all the goods had arrived. In other words, there can be but one action
for damages for a total breach of an entire contract to deliver goods, and the fact that they
were to be delivered in installment from time to time does not change the general rule.
“As a general rule, a contract to do several things at several times in its nature, so
as to authorize successive actions; and a judgment recovered for a single breach of a
continuing contract or covenant is no bar to a suit for a subsequent breach thereof. BUT
where the covenant or contract is entire, and the breach total, there can be only one
action, and plaintiff must therein recover all his damages.”
Doctrine of Anticipatory Breach - an unqualified and positive refusal to perform a
contract, though the performance thereof is not yet due, may, if the renunciation goes into
the whole contract, be treated as a complete breach which will entitle the injured party to
bring his action at once.

JOINDER of causes of action - assertion of as many causes of action as a party may

have against another in one pleading alone. It is the process of uniting two or more
demands or rights of action in one action.

Rule 2, Section 5. Joinder of causes of action. - A party may in one pleading assert, in
the alternative or otherwise, as many causes of action as he may have against an
opposing party, subject to the following conditions:
a) The party joining the causes of action shall comply with the rules on joinder of
parties; (relate to Rule 3, Section 6)
b) The joinder shall not include special civil actions or actions governed by special
rules;
c) Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the RTC provided one of the
causes of action falls within the jurisdiction of said court and the venue lies therein;
and
d) Where the claims in all the causes of action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction.

Rule 3, Section 6. Permissive Joinder of Parties

1. Right to relief from said causes of action should arise out of the same transaction
or series of transactions; and
2. A question of law and fact common to all the plaintiffs or defendants may arise in
the action

Splitting vs Joinder
Single cause of action Several causes of action
Prohibited Encouraged

Rule 2, Section 6. Misjoinder of Causes of Action. - Misjoinder of causes of action is not

a ground for dismissal of an action. A misjoined cause of action, may, on motion of a party
or on the initiative of the court, be severed and proceeded with separately.
 LILIA ADA et al vs FLORANTE BAYLON
The complaint filed by petitioners with RTC involves two separate, distinct and
independent actions - partition and rescission. These two actions cannot be joined in a
single cause of action. Why. Action for partition is a special civil action governed by Rule
69 of the ROC. Variance in procedure of SCA and Ordinary Civil Actions precludes their
joinder.
Nevertheless, misjoinder is not a ground for dismissal. If there is no objection to
the improper joinder or the court did not motu propio direct a severance, then there exists
no bar in the simultaneous adjudication of all the erroneously joined causes of action.

RULE 3 Section 1. Who may be parties; plaintiff and defendant

Requirements:
1. He must be a person
a. Natural
b. Juridical (See Art 44 of NCC - State and political subd, corp, partnership,
etc)
c. Entity authorized by law (e.g. partnership by estoppel, de facto partnership,
estate of deceased person, Roman Catholic Church, etc)
2. He must have legal capacity to sue
3. He must be a real party in interest

Plaintiff - claiming party, may also apply to a defendant who files a counterclaim, etc,
Defendant - defending party, may also apply to plaintiff if defendant filed a counterclaim

NOTE: Section 10 of Rule 3, unwilling co-plaintiff may be a defendant, too.

QUESTION: What is the remedy if the party impleaded is not authorized to be a

party?
ANSWER:
1. If plaintiff - file motion to dismiss invoking the ground that he has no legal capacity
to sue;
2. If defendant - may be dismissed on the ground that the pleading states no cause
of action, or failure to state a cause of action

RULE 3, SECTION 2 PARTIES IN INTEREST - A real party in interest is the party who
stands to be benefited or injured by the judgment in the suit, or the party entitled to the
avails of the suit. Unless otherwise authorized by law or these rules, every action must
be prosecuted or defended in the name of the real party in interest.

RAYO vs METROBANK
SC: To be a real party in interest, the interest must be “real”, which is a present
substantial interest as distinguished from a mere expectancy or a future, contingent,
subordinate or consequential interest.
 OPOSA vs FACTORAN
1) Locus standi based on a) Inter-generational responsibility; b) inter-generational
justice; c) right of Filipinos to a balanced and healthful ecology; and d) minors
represent themselves and the generation to come.

2) Class Suit - all elements present. The subject matter of the complaint is so common
and general interest, not just to several but to all citizens of the Philippines.
Consequently, since the parties are so numerous, it, becomes impracticable, if not
totally impossible, to bring all of them before the court.

CLASSIFICATION OF PARTIES IN INTEREST

1. Indispensable (Rule 3, Section 7. Compulsory Joinder of indispensable parties. -
Parties in interest without whom no final determination can be had of an action
shall be joined as either as plaintiffs or defendants)
2. Necessary (Rule 3 Section 8. Necessary party. - A necessary party is one who is
not indispensable but who ought to be joined as a party if complete relief is to be
accorded to those already parties, or for a complete determination or settlement of
the claim subject of the action)
3. Representative (Rule 3 Section 3 Representatives as parties. - Where the action
is allowed to be prosecuted and defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be included 9in the title of the case and
shall be deemed to be the real party in interest., A representative may be a trustee
of an express trust, a guardian, an executor or administrator, or a party authorized
by law or these Rules. An agent acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without joining the principal except when
the contract involves things belonging to the principal.
4. Pro-forma - those required by rules to be joined. (spouses, public respondents)

QUESTION How do you determine if party is indispensable or necessary?

ANSWER: Evaluate if their liability is solidary or joint. Under the nCC, in the absence of
stipulation, the liability of debtors is merely joint. Under the NCC, in the absence of
stipulation, both debtors share equally.

QUESTION: Supposing A and B owe C Php 1 M. C files a case for recovery of Php
1 M. Who should be impleaded
ANSWER: Both A and B (indispensable)

QUESTION: Supposing C only wishes to recover Php 500,000?

ANSWER: Either A or B (indispensable only for their share of the debt). The other debtor
is a necessary and not an indispensable party

RULE 3 SECTION 4 SPOUSES AS PARTIES - Husband and wife shall sue or be sued
jointly, except as provided by law.
Exceptions (as provided by law)
 1) A spouse without just cause abandons the other or fails to comply with his or her
obligations with respect to the marital, parental or property relations
2) A spouse of age mortgages encumbers alienates or otherwise disposes of his or
her exclusive property
3) The regime of separate property governs the property relations of the spouses.

RULE 3 SECTION 5 MINOR OR INCOMPETENT PERSONS - a minor or incompetent

may sue or be sued with the assistance of his father, mother, guardian, or if he has none,
a guardian ad litem

RULE 3 SECTION 6 PERMISSIVE JOINDER OF PARTIES

QUESTION: Supposing A owns 2 hectares of land, being occupied by 100

squatters. How many complaints for ejectment should he file?
ANSWER: He may file one complainant agianst 100 defendants or file 100 complaints
against 100 squatter/defendants. The ROC uses the word “may”.

RULE 3 SECTION 7 Compulsory Joinder of Indispensable parties

VALDEZ-TALLORIN vs HEIRS of JUANITO TARONA

SC: No. The trial court did not err in not dismissing the complaint, although
Margarita and Dolores were indispensable parties.
The RTC and CA had no authority to annul that tax dec without seeing to it that all
three persons were impleaded in the ase, (prop belonged not only to defendant Tallorin
but also Margarita and Dolores Valdez). But the Taronas’ action cannot be dismissed
outright. X x x It is only if plaintiff refuses to implead an indispensable party, despite the
order of the court, may it dismiss the action. There is a need to remand the case with an
order to implead Margarita and Dolores, so they may, if they so desire, be heard.

QUESTION: What is the effect of the absence of an indispensable party in a case?

ANSWER: The absence of an indispensable party renders all subsequent actions of the
court null and void for want of authority to act, not only as to the absent parties but even
as to those present.

QUESTION: What is the remedy if an indispensable party is not impleaded?

ANSWER: File a Motion to Dismiss on the ground of failure to state a cause of action.
However, in other SC cases, they said that dismissal is not proper. What should be done
is to amend the complaint instead of dismissing it.

QUESTION: What would be the basis of dismissing the case in case of failure to
implead indispensable party?
ANSWER: If the plaintiff refuses to implead an indispensable party despite the order of
the court, that court may dismiss the complaint for the plaintiff’s failure to comply with the
order.

QUESTION: Are co-owners indispensable parties to maintain an action for

ejectment?
ANSWER: No. Article 487. It benefits all of the other co-owners.

QUESTION: In an action for partition, should all persons interested in the property
be impleaded?
ANSWER: Yes. Each co-owner is an indispensable party for without him no valid
judgment for partition may be ordered.

RULE 3 SECTION 8 Necessary Party

QUESTION: What is the effect of a justified non-inclusion of a necessary party?

ANSWER: The non- inclusion of a necessary party shall not bar the court from proceeding
with the case.

QUESTION: Are co-owners of a PN necessary or indispensable parties?

ANSWER: Co-owners of a PN are all necessary parties in an action for its collection.

RULE 3 SECTION 9 Non-joinder of necessary parties to be pleaded

It is the duty of pleader when a necessary party is not joined to set forth the name
of the necessary party, if known, and to state why such party was omitted.

RULE 3 SECTION 10 Unwilling Co-Plaintiff

An unwilling co-plaintiff is a party who is supposed to be a plaintiff but whose
consent to be joined as a plaintiff cannot be obtained or when he refuses to be a party to
the action.

RULE 3 SECTION 11 Misjoinder and Non-joinder of parties

Raise objections to misjoinder at the earliest opportunity, when the defect becomes
apparent.

RULE 3 SECTION 12 Class suit. — When the subject matter of the controversy is one
of common or general interest to many persons so numerous that it is impracticable to
join all as parties, a number of them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to intervene to protect his individual
interest.
Requisites:
1) The suit is filed for the benefit of all
2) The subject matter of the controversy is one of common or general interest to many
persons
3) The parties affected are so numerous that it is impracticable to bring them all to
court; and
4) The parties bringing the class suit are sufficiently numerous or representative of
the class and can fully protect the interests of all concerned.

Examples:
1) Taxpayers’ suit
2) Stockholders derivative suit

QUESTION: Supposing an airplane crashed, the heirs of the deceased victims of

the fatal crash filed a class suit for an action of damages against the airline. Is this
prope?
ANSWER: No. They do not have common or general interest.

NEWSWEEK, INC. vs IAC

SC: The case at bar is not a class suit. It is not a case where one or more may sue
for the benefit of all or where the representation of class interest affected by the judgment
or decree is indispensable to make each member of the class an actual party. We have
here a case where each of the plaintiffs has a separate and distinct reputation in the
community. They do not have a common or general interest in the subject matter of the
controversy.

JUANA COMPLEX I HOMEOWNERS ASSOCIATION, INC. vs FIL ESTATE LAND,

INC.
SC: The necessary elements for the maintenance of a class suit are: 1) the subject
matter of controversy is one of common or general interest to many persons; 2) the parties
affected are so numerous that it is impracticable to bring them all to court; and 3) the
parties bringing the class suit are sufficiently numerous or representative of the class and
can fully protect the interests of all concerned.

The subject matter of the instant case, i.e., the closure and excavation of the La
Paz Road, is initially shown to be of common or general interest to many persons. The
records reveal that numerous individuals have filed manifestations with the lower court,
conveying their intention to join private respondents in the suit and claiming that they are
similarly situated with private respondents for they were also prejudiced by the acts of
petitioners in closing and excavating the La Paz Road. Moreover, the individuals sought
to be represented by private respondents in the suit are so numerous that it is
impracticable to join them all as parties and be named individually as plaintiffs in the
complaint. These individuals claim to be residents of various barangays in Biñan, Laguna
and other barangays in San Pedro, Laguna.
 RULE 3 SECTION 13 ALTERNATIVE DEFENDANTS
Alternative Defendants - Where the plaintiff is uncertain against who of several persons
he is entitled to relief, he may join any or all of them as defendants in the alternative,
although a right to relief against one may be inconsistent with a right of relief against the
other.

QUESTION: Supposing A was walking down the street and was injured in a collision
of two vehicles. He cannot determine which of the two drivers were at fault. What
should he do?
ANSWER: A should sue the vehicle drivers in the alternative.

RULE 3 SECTION 14 UNKNOWN IDENTITY OF NAME OF DEFENDANT

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

RULE 3 SECTION 15
Entity without juridical personality as defendant. — When two or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued
under the name by which they are generally or commonly known.
In the answer of such defendant, the name and addresses of the persons
composing said entity must all be revealed.

Section 16. Death of party; duty of counsel. — Whenever a party to a pending action
dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform
the court within thirty (30) days after such death of the fact thereof, and to give the name
and address of his legal representative or representatives. Failure of counsel to comply
with his duty shall be a ground for disciplinary action.

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

The court shall forthwith order said legal representative or representatives to appear and
be substituted within a period of thirty (30) days from notice.

If no legal representative is named by the counsel for the deceased party, or if the one so
named shall fail to appear within the specified period, the court may order the opposing
party, within a specified time to procure the appointment of an executor or administrator
for the estate of the deceased and the latter shall immediately appear for and on behalf
of the deceased. The court charges in procuring such appointment, if defrayed by the
opposing party, may be recovered as costs.
 1. Whenever the party to a pending case dies, it is the duty of the counsel of the
deceased party to:
a. Notify the court within thirty (30) days after such death the fact thereof; and
b. Give the name and address of the legal representatives (for purposes of
substitution).

The court will determine whether claim survives. If claim survives, no need to serve
summons, instead, the court will order the legal representative of the deceased to appear
and be substituted for the said deceased within thirty (30) days from notice.

If the action does not survive, then the proper action of the court is to dismiss the
case. No substitution. (annulment of marriage, support, legal separation)

IF CLAIM SURVIVES
1. Contractual Money claims
a. Plaintiff dies - the case will continue and heirs or legal representatives will
proceed (Rule on Succession)
b. Defendant dies
i. Before entry of final judgment - continue until final entry. If judgment
is favorable to plaintiff, claim will be a claim against the estate
ii. After entry of final judgment - all claims must be filed as claim against
the estate. No execution
iii. After levy or execution but before auction sale - proceed to auction
sale
2. Non-contractual Money Claim - apply substitution

DAEL vs TEVES
SC: The heirs of deceased defendants in the case at bar being clearly
indispensable parties, respondent Judge acted properly in ordering the amendment of the
complaint so as to include the said heirs as defendants. Since the petitioners failed to
comply with this Order, respondent Judge acted within his prerogative in dismissing the
complaint 4 pursuant to Section 3, Rule 17 of the Rules of Court which provides that-

If the plaintiff fails to appear at the time of the trial, or to prosecute his action
for unreasonable length of time, or to comply with these rules or any order of
the court the action maybe dismissed upon motion of the defendant or upon
the court's own motion. This dismissal shall have the effect of an adjudication
upon the merits unless provided by the court.

We find petitioners' reliance on the aforequoted provision as misplaced. Rule 3, Section

16 of the Rules applies to a situation where a party (whether plaintiff or defendant) dies
after the filing of the complaint and during the pendency of the case. This is not the
situation in the case at bar since the two defendants, whose heirs are to be impleaded
died even before the filing of the complaint.
Section 17. Death or separation of a party who is a public officer. — When a public
officer is a party in an action in his official capacity and during its pendency dies, resigns,
or otherwise ceases to hold office, the action may be continued and maintained by or
against his successor if, within thirty (30) days after the successor takes office or such
time as may be granted by the court, it is satisfactorily shown to the court by any party
that there is a substantial need for continuing or maintaining it and that the successor
adopts or continues or threatens to adopt or continue to adopt or continue the action of
his predecessor. Before a substitution is made, the party or officer to be affected, unless
expressly assenting thereto, shall be given reasonable notice of the application therefor
and accorded an opportunity to be heard.

Section 18. Incompetency or incapacity. — If a party becomes incompetent or

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

Section 19. Transfer of interest. — In case of any transfer of interest, the action may
be continued by or against the original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted in the action or joined with the
original party.
The transfer of interest must be before the pendency of the action. Otherwise, the
transferee must be the named defendant or plaintiff.

GR: As a rule, no need to implead transferee as he is not an indispensable party.

Exception: When the substitution by or joinder is ordered by the court.

Section 20. Action and contractual money claims. — When the action is for recovery of
money arising from contract, express or implied, and the defendant dies before entry of
final judgment in the court in which the action was pending at the time of such death, it
shall not be dismissed but shall instead be allowed to continue until entry of final
judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for prosecuting claims against the estate of a
deceased person.

Section 21. Indigent party. — A party may be authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.

Such authority shall include an exemption from payment of docket and other lawful fees,
and of transcripts of stenographic notes which the court may order to be furnished him.
The amount of the docket and other lawful fees which the indigent was exempted from
paying shall be a lien on any judgment rendered in the case favorable to the indigent,
unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before judgment is
rendered by the trial court. If the court should determine after hearing that the party
declared as an indigent is in fact a person with sufficient income or property, the proper
docket and other lawful fees shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court, execution shall issue or the
payment thereof, without prejudice to such other sanctions as the court may impose.

INDIGENT - a person who has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.

PAUPER LITIGANT - Rules of Court took effect on January 1, 1964, the rule on pauper
litigants was found in Rule 3, Section 22 which provided that:

Section 22. Pauper litigant.—Any court may authorize a litigant to prosecute his action
or defense as a pauper upon a proper showing that he has no means to that effect by
affidavits, certificate of the corresponding provincial, city or municipal treasurer, or
otherwise. Such authority[,] once given[,] shall include an exemption from payment of
legal fees and from filing appeal bond, printed record and printed brief. The legal fees
shall be a lien to any judgment rendered in the case [favorable] to the pauper, unless the
court otherwise provides.
Section 18 of Rule 141 was further amended in Administrative Matter No. 04-2-04-SC,
which became effective on the same date. It then became Section 19 of Rule 141, to wit:

Sec. 19. Indigent litigants exempt from payment of legal fees.– INDIGENT
LITIGANTS (A) WHOSE GROSS INCOME AND THAT OF THEIR IMMEDIATE FAMILY
DO NOT EXCEED AN AMOUNT DOUBLE THE MONTHLY MINIMUM WAGE OF AN
EMPLOYEE AND (B) WHO DO NOT OWN REAL PROPERTY WITH A FAIR MARKET
VALUE AS STATED IN THE CURRENT TAX DECLARATION OF MORE THAN THREE
HUNDRED THOUSAND (P300,000.00) PESOS SHALL BE EXEMPT FROM PAYMENT
OF LEGAL FEES.

The legal fees shall be a lien on any judgment rendered in the case favorable to the
indigent litigant unless the court otherwise provides.

To be entitled to the exemption herein provided, the litigant shall execute an affidavit that
he and his immediate family do not earn a gross income abovementioned, and they do
not own any real property with the fair value aforementioned, supported by an affidavit of
a disinterested person attesting to the truth of the litigant's affidavit. The current tax
declaration, if any, shall be attached to the litigant's affidavit.

Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to
dismiss the complaint or action or to strike out the pleading of that party, without prejudice
to whatever criminal liability may have been incurred.

Section 22. Notice to the Solicitor General. — In any action involving the validity of any
treaty, law, ordinance, executive order, presidential decree, rules or regulations, the court,
in its discretion, may require the appearance of the Solicitor General who may be heard
in person or a representative duly designated by him.

RULE 4 VENUE
Venue – place, or the geographical area where an action must be instituted and tried
● It is only in criminal cases that venue becomes jurisdictional.

Differentiate Jurisdiction with Venue

Venue Jurisdiction
The place, or Power of the court to
geographical area where hear and decide a case
an action is to be filed
and tried.
May be waived by: Cannot be waived
1. Failure to object
through a motion to
dismiss or through an
affirmative defense.
2. Stipulation of the
parties.

Procedural Substantive
May be changed by the Cannot be the subject of
written agreement of the the agreement of the
parties parties.
Establishes a relation Establishes a relation
between plaintiff and between the court and
defendant, or petitioner the subject matter.
and respondent.

GR: Not a ground for a It is a ground for a motu

motu proprio dismissal proprio dismissal.

XPN: In cases subject to

summary procedure.

NOCUM vs TAN
It is elementary that objections to venue in CIVIL ACTIONS arising from libel may
be waived since they do not involve a question of jurisdiction. The laying of venue is
procedural rather than substantive, relating as it does to jurisdiction of the court over the
person rather than the subject matter. Venue relates to trial and not to jurisdiction. It is a
procedural, not a jurisdictional, matter. It relates to the place of trial or geographical
location in which an action or proceeding should be brought and not to the jurisdiction of
the court. It is meant to provide convenience to the parties, rather than restrict their access
to the courts as it relates to the place of trial. In contrast, in criminal actions, it is
fundamental that venue is jurisdictional it being an essential element of jurisdiction.

UNIVERSAL ROBINA CORP vs LIM

Courts cannot motu propio dismiss case on the ground of improper venue. Section
1, Rule 9 of the same Rules provides for the instances when the trial court may motu
proprio dismiss a claim, thus:

Section 1. Defenses and objections not pleaded. - Defenses and objections

not pleaded either in a motion to dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or the evidence on record that
the court has no jurisdiction over the subject matter, that there is another action
pending between the same parties for the same cause, or that the action is
barred by a prior judgment or by statute of limitations, the court shall dismiss
the claim.

Note: These are the non-waivable defenses found in Section 1 Rule 9 (lack of jurisdiction
over subject matter, litis pendencia, res judicata, prescription).

Exception to the Rule that courts cannot motu propio dismiss the case on the
ground of improper venue – actions covered by Summary Procedure and Small Claims
Cases (court may dismiss motu propio if based on the examination of the allegations of
the complaint, it is apparent that the grounds call for dismissal of the civil action.

Note further that under the Constitution, the Supreme Court has the power to order a
change of venue to prevent a miscarriage of justice.

Note also that the Rule on Venue does not apply to CA, CTA, and C. It is only applicable
in trial courts.

REAL ACTION VS PERSONAL ACTION

Real Action – when action affects title to or possession of real property or any interest
therein
Personal Action – all actions other than a real action

Requisites of Stipulations on Venue:

1) In writing
2) Exclusive as to Venue
3) Made before the filing of the action
QUESTION: The parties to a contract stipulated that “any actions arising from a
breach of this contract shall be filed before the courts of Quezon City”. A, plaintiff
is a resident of Pasig City, while B, defendant is a resident of Makati City. A filed a
case for breach of contract before RTC Pasig City. B moved to dismiss the case on
the ground that they agreed in writing that it should be filed in Quezon City. Decide.

ANSWER: Deny motion to dismiss on the ground of improper venue. The venue is not
exclusive, absent any restrictive or qualifying words.

Exclusivity – The mere stipulation on the venue of an action is not enough to preclude
parties from bringing a case in other venues. It must be shown that such stipulation is
exclusive. There has to be qualifying or restrictive words like “exlusively”, “only”, “to the
exclusion”, or words of similar import.

RULE 5 Uniform Procedure In Trial Courts

RULE 6
KINDS OF PLEADINGS

Q: What are the basic purposes of pleadings?

A: 1) To define and limit the issues of the case; and 2) To apprise the court of the rival
claims of the parties.

Q: In Rule 8, it states that every pleading shall contain in a methodical and logical
form, a plain, concise and direct statement of the ultimate facts, including the
evidence on which the party pleading relies for his or her claim or defense, as the
case may be. What do you mean by “ultimate facts”?

A: Ultimate facts are the important and substantial facts which either directly form the
basis of the plaintiff’s primary right or duty, or directly make up the wrongful acts or
omissions by the defendant

Q: What are “evidentiary facts”?

A: These are details of probative matters or particulars of evidence by which the material
facts or elements are established.

Q: What is an “answer”
A: It is a pleading in which a party sets forth his defenses. (Section 2)

Q: What is a “reply”?
A: It is pleading, the office or function of which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating to, said actionable document. (Section
11)
Q: Prior to A.M. No. 19-10-20-SC, If a party does not file such reply, all the new
matters alleged in the answer are deemed controverted. Under the new rules, is it
still the same?
A: See Section 10 of A.M. No. 19-10-20-SC.

Q: What are the specific kinds of defenses?

A: See Section 5, Rule 6.

Q: What are the kinds of specific denial?

A: GAZA ET AL vs LIM
Three (3) modes of specific denial are contemplated by the above provisions, namely: 1)
by specifying each material allegation of the fact in the complaint, the truth of which the
defendant does not admit, and whenever practicable, setting forth the substance of the
matters which he will rely upon to support his denial; (2) by specifying so much of an
averment in the complaint as is true and material and denying only the remainder; (3) by
stating that the defendant is without knowledge or information sufficient to form a belief
as to the truth of a material averment in the complaint, which has the effect of a denial.
NOTE: Negative defenses are in the nature of pleas in specific denial of the material facts
alleged alleged in the complaint essential to the plaintiff’s cause of action. Affirmative
defenses on the other hand, are in the nature of confession and avoidance. They import
that, admitting the allegations of the complaint to be true, yet the matters set out in the
answer, deny or take away the plaintiff’s right of action. (Corporation de Augustinos vs
Crisostomo, 3 Phil 427)
Q: What are included as affirmative defenses?
A: The affirmative defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any
other matter by way of confession and avoidance.

Q: What is a counterclaim?
A: A counterclaim is any claim which a defending party may have against an opposing
party. (Section 6)

CALO vs AJAX INTERNATIONAL

However, plaintiff's claim is not a compulsory counterclaim in Civil Case No. IV-
93062 for the simple reason that the amount thereof exceeds the jurisdiction of the
municipal court. The rule that a compulsory counterclaim not set up is barred, when
applied to the municipal court, presupposes that the amount involved is within the said
court's jurisdiction. Otherwise, as this Court had already noted in Yu Lay v. Galmes, we
would come to the absurd situation where a claim must be filed with the municipal court
which it is prohibited from taking cognizance of, being beyond its jurisdiction.
 AGUSTIN vs BACALAN
It is well-settled that a court has no jurisdiction to hear and determine a set-off or
counterclaim in excess of its jurisdiction (Section 5, Rule 5, Revised Rules of Court; Ago
v. Buslon, 10 SCRA 202). A counterclaim beyond the court's jurisdiction may only be
pleaded by way of defense, the purpose of which, however, is only to defeat or weaken
plaintiff's claim, but not to obtain affirmative relief (Section 5, Rule 5, Revised Rules of
Court). Nevertheless, the defendant-appellee, in the case at bar, set up his claim in
excess of the jurisdiction of the city court as a compulsory counterclaim. What is the legal
effect of such a move?

Q: What are the requirements of a compulsory counterclaim?

A: They are:
1. It arises out of or is necessarily connected with the transaction or occurrence that
is the subject matter of the opposing party’s claim
2. It does not require for its adjudication the presence of third parties of whom the
court cannot acquire jurisdiction
3. It must be within the jurisdiction of the court and is cognizable by the regular courts
of justice. (Albano, Civil Procedure Review, Calo and Agustin cases)

TAN vs GO (“Compelling Test of Compulsoriness”)

In Quintanilla v. Court of Appeals, we said a "compelling test of compulsoriness"
is whether there is "a logical relationship between the claim and counterclaim, that is,
where conducting separate trials of the respective claims of the parties would entail a
substantial duplication of effort and time by the parties and the court." Tested against the
abovementioned standards, we agree with the appellate court’s view that respondents’
counterclaims are compulsory in nature. It thus appears that the evidence required to
prove petitioner’s claims is similar or identical to that needed to establish respondents’
demands for the payment of unpaid loan from petitioner such as amount of interest rates.
In other words, petitioner’s claim is so related logically to respondents’ counterclaim, such
that conducting separate trials for the claim and the counterclaim would result in the
substantial duplication of the time and effort of the court and the parties. Clearly, this is
the situation contemplated under the "compelling test of compulsoriness." The
counterclaims of respondents herein are obviously compulsory, not permissive. As aptly
held by the Court of Appeals, the issues of fact and law raised by both the claim and
counterclaim are largely the same, with a logical relation, considering that the two claims
arose out of the same circumstances requiring substantially the same evidence. Any
decision the trial court will make in favor of petitioner will necessarily impinge on the claim
of respondents, and vice versa.

Q: Can you file a motion to dismiss and a compulsory counterclaim at the same
time?
A: No. These are incompatible remedies. The defendant can only choose one. If you file
a MTD, then you cannot file your compulsory counterclaim. However, if you choose to file
a compulsory counterclaim, just raise your ground for dismissal as an affirmative
defense.
Q: When is a counterclaim permissive?
A: When it is not compulsory.

Q: What is a third-party complaint?

A: A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave
of court, file against a person not a party to the action, called the third (fourth, etc.)-party
defendant for contribution, indemnity, subrogation or any other relief, in respect of his or
her opponent's claim. (Section 12)

Q: Why do we allow third party complaints?

A: For speedy disposition and to avoid circuity of action.

RULE 7
PARTS AND CONTENTS OF A PLEADING

Q: What is contained in the caption of the pleading?

A: 1) Name of the court; 2) The title of the action - which contains the names of the parties
whose participation in the case shall be indicated; 3) docket number, if assigned.

Q: What is contained in the body?

A: The designation; 2) The allegation of the party’s claims and defenses, 3) The relief
prayed for; and 4) The date of the pleading.

Q: What is the significance of the signature?

A: An unsigned pleading is treated as a mere scrap of paper.

Note: See the significance of the signature of counsel and party (Sections 5 and 6)

Q: Are all pleadings required to be verified?

A: No. Section 4 provides that “Except when otherwise specifically required by law or rule,
pleadings need not be under oath or verified”. The following are examples of pleadings
which need to be verified (Please note that this list is not exclusive)
a. Certification against non-forum shopping
b. Small Claims
c. Complaint for FEUD
d. Certiorari, Prohibition, Mandamus
e. Injunction
f. Quo Warranto
g. Expropriation
h. Guardianship
i. Habeas Corpus
Q: What is forum shopping?
A: Forum Shopping consists of filing multiple suits involving the same parties for the same
cause of action, either simultaneously or successively, for the purpose of obtaining a
favorable judgment. There is forum shopping when there is:
a. Identity of parties or at least such parties as represent the same interests in both
action
b. Identity of rights asserted and relief prayed for, the relief being founded on the
same facts;
c. The identity of the two preceding particulars is such that any judgment rendered in
the pending case, regardless of which party is successful would amount to res judicata.

SPOUSES ZOSA vs ESTRELLA

The remedies of appeal and certiorari under Rule 65 are mutually exclusive and
not alternative or cumulative. This is a firm judicial policy. The petitioner cannot hedge
her case by wagering two or more appeals, and in the vent that the ordinary appeal lags
significantly behind the others, she cannot post facto validate this circumstance as a
demonstration that the ordinary appeal had not been speedy or adequate enough in order
to justify the recourse to Rule 65. This practice, if adopted, would sanction the filing of
multiple suits in multiple fora, where each one, as the petitioner couches it, becomes a
“precautionary measure” for the rest, thereby increasing the chances of a favorable
decision. This is the very evil that the proscription on forum shopping seeks to put right.

Q: Who should sign the Certification against non-forum shopping?

A: As a general rule, it should be the party pleader, and not the counsel who must execute
the Certification. By way of exception, if for some reasonable or justifiable grounds, the
party pleader is unable to sign, he must execute a Special Power of Attorney.
the reason if it is the party pleader and not the counsel who is in the best position
to know whether he or it actually filed or caused the filing of a petition.

Note that the authority to sign for and on behalf of the party must be attached to the
document.

BA SAVINGS BANK vs SIA

The certificate of non-forum shopping required by Supreme Court Circular 28-91
may be signed, for and on behalf of a corporation, by a specifically authorized lawyer who
has personal knowledge of the facts required to be disclosed in such document. Unlike
natural persons, corporations may perform physical actions only through properly
delegated individuals; namely, its officers and/or agents. It is noteworthy that the Circular
does not require corporate officers to sign the certificate. More important, there is no
prohibition against authorizing agents to do so.

Three ways of committing Forum Shopping:

1. Litis pendencia - filing multiple cases on the same cause of action and with the
same prayer, the previous not having been resolved yet
 2. Res judicata - filing multiple cases based on the same cause of action and with the
same prayer, the previous haveing been resolved with finality;
3. Splitting a cause of action - filing multiple cases on the same causes of action but
with different prayers

Q: Where do you attach Certification against non-forum shopping?

A: It is only required in cases of filing a complaint or other initiatory pleadings asserting a
claim for relief.

SANTO TOMAS UNIV HOSPITAL vs SURLA

It should not be too difficult, the foregoing rationale of the circular aptly taken, to
sustain the view that the circular in question has not, in fact, been contemplated to include
a kind of claim which, by its very nature as being auxiliary to the proceedings in the suit
and as deriving its substantive and jurisdictional support therefrom, can only be
appropriately pleaded in the answer and not remain outstanding for independent
resolution except by the court where the main case pends. Prescinding from the
foregoing, the proviso in the second paragraph of Section 5, Rule 8, of the 1997 Rules of
Civil Procedure, i.e., that the violation of the anti-forum shopping rule "shall not be curable
by mere amendment . . . but shall be cause for the dismissal of the case without
prejudice," being predicated on the applicability of the need for a certification against
forum shopping, obviously does not include a claim which cannot be independently set
up.

LOYOLA vs CA
The fact that the Circular requires that it be strictly complied with merely
underscores its mandatory nature in that it cannot be dispensed with or its requirements
altogether disregarded, but it does not thereby interdict substantial compliance with its
provisions under justifiable circumstances.

TRAVENO vs BOBONGAN
For the guidance of the bench and bar, the Court restates in capsule form the
jurisprudential pronouncements already reflected above respecting non-compliance with
the requirements on, or submission of defective, verification and certification against
forum shopping:

1) A distinction must be made between non-compliance with the requirement on or

submission of defective verification, and non-compliance with the requirement on or
submission of defective certification against forum shopping.

2) As to verification, non-compliance therewith or a defect therein does not necessarily

render the pleading fatally defective. The court may order its submission or correction or
act on the pleading if the attending circumstances are such that strict compliance with the
Rule may be dispensed with in order that the ends of justice may be served thereby.

3) Verification is deemed substantially complied with when one who has ample knowledge
to swear to the truth of the allegations in the complaint or petition signs the verification,
and when matters alleged in the petition have been made in good faith or are true and
correct.

4) As to certification against forum shopping, non-compliance therewith or a defect

therein, unlike in verification, is generally not curable by its subsequent submission or
correction thereof, unless there is a need to relax the Rule on the ground of "substantial
compliance" or presence of "special circumstances or compelling reasons."

5) The certification against forum shopping must be signed by all the plaintiffs or
petitioners in a case; otherwise, those who did not sign will be dropped as parties to the
case. Under reasonable or justifiable circumstances, however, as when all the plaintiffs
or petitioners share a common interest and invoke a common cause of action or defense,
the signature of only one of them in the certification against forum shopping substantially
complies with the Rule.

6) Finally, the certification against forum shopping must be executed by the party-pleader,
not by his counsel. If, however, for reasonable or justifiable reasons, the party-pleader is
unable to sign, he must execute a Special Power of Attorney designating his counsel of
record to sign on his behalf. (Emphasis and underscoring supplied)

RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Q: What should be contained in every pleading?

A: Every pleading shall contain in a methodical and logical form, a plain, concise and
direct statement of the ultimate facts, including the evidence on which the party pleading
relies for his or her claim or defense, as the case may be.
If a cause of action or defense relied on is based on law, the pertinent provisions
thereof and their applicability to him or her shall be clearly and concisely stated. (Rule 8,
Section 1, as amended)

Q: May a party interpose alternative causes or defenses in once cause?

A: Yes. Rule 8, Section 2.

Q: What is an actionable document?

A: It is that document or instrument which is the basis of a cause of action or defense,
and not merely evidentiary thereon.

Q: How can you contest the genuineness of a document?

A: Rule 8, Section 8, When an action or defense is founded upon a written instrument, or
attached to the corresponding pleading as provided in the preceding section, the
genuineness and due execution of the instrument shall be deemed admitted unless the
adverse party, under oath specifically denies them, and sets forth what he or she claims
to be the facts; but the requirement of an oath does not apply when the adverse party
does not appear to be a party to the instrument or when compliance with an order for an
inspection of the original instrument is refused.
The effect of failure to deny under oath the genuineness and due execution of an
actionable document is that it is deemed admitted or conclusively established.

Q: What is the effect of the admission of the genuineness and due execution of an
actionable document?
A: By the admission of the genuineness and due execution of an instrument, it is meant
that the party whose signature it bears admits that he signed it or that it was signed by
another for him with his authority, that at the time it was signed, it was in words and figures
exactly as set out in the pleadings of the party relying upon it, that the document was
delivered and that any formal requisites required by law, such as seal, an
acknowledgement, or revenue stamps which it lacks are waived. The defense of forgery
or that it was unauthorized are cut off by the admission of its genuineness and due
execution (Hibbard vs Ebole and McMillan)
Exceptions: (Rule 8, Section 8)
1. when the adverse party does not appear to be a party to the instrument or
2. when compliance with an order for an inspection of the original instrument is
refused.

Q: What are the three modes of specific denial?

A: GAZA et al vs LIM

Q: What is a negative pregnant?

A: It is an admission in avoidance. A negative pregnant is a form of negative expression
which carries with it an affirmation or at least an implication of some kind favorable to the
adverse party. It is a denial pregnant with an admission of the substantial facts alleged in
the pleading.

GALOFA vs NEE BON SING

The defendant's denial is, therefore, a negative pregnant, which is equivalent to
an admission.
A denial in the form of a negative pregnant is an ambiguous pleading, since it
cannot be ascertained whether it is the fact or only the qualification that is intended to be
denied. Where a fact is alleged with some qualifying or modifying language, and the denial
is conjunctive, a "negative pregnant" exists, and only the qualification or modification is
denied, while the fact itself is admitted.

RULE 9
EFFECT OF FAILURE TO PLEAD

Q: What is the effect if there are defenses or objections that are not pleaded either
in a motion to dismiss or in the answer? Are there exceptions?
A: They are deemed waived. There are however, exceptions namely:
1. Lack of jurisdiction over the subject matter;
2. Litis pendencia;
3. Res Judicata; and
4. Prescription.

Q: When there is another action pending between the same parties, which should
you dismiss?
A: The law does not distinguish. The law does not state “pending prior action”.

Q: Supposing A filed a case against B. B failed to file his answer within the
reglementary period. Considering the lapse of time without any answer having
been filed by the defendant, the court declared B in default. Did the court act
properly?
A: No. There must be a motion to declare defendant in default filed by the plaintiff first,
with notice to the defendant.

Q: What are the requisites before a party may be declared in default?

A: (1) the claiming party must file a motion asking the court to declare the defending
party in default; (2) the defending party must be notified of the motion to declare him in
default;
(3) the claiming party must prove that the defending party has failed to answer within
the period provided by the Rule

Q: What happens after a defendant is declared in default?

A: Thereupon, the court shall proceed to render judgment granting the claimant such
relief as his or her pleading may warrant, unless the court in its discretion requires the
claimant to submit evidence. Such reception of evidence may be delegated to the clerk
of court. A party in default shall be entitled to notices of subsequent proceedings but
shall not take part in the trial. (Rule 9, Section 3)

Q: What is partial default? What are the consequences and effect thereof?
A: When a pleading asserting a claim states a common cause of action against several
defending parties, some of whom answer and the others fail to do so, the court shall try
the case against all upon the answers thus filed and render judgment upon the evidence
presented. (Rule 9, Section 3(c))

VIRGILIO IMSON vs CA

Q: What are the remedies against an order of default?

A: 1) Motion to set aside order of default (if no judgment has been rendered yet)
 2) If there is already a judgment, the remedies are:
a. Motion for New Trial
b. Appeal
3) If judgment is already final, a petition for relief from judgment
4) Annulment of judgment

ALEX LINA vs CA
SC: Certiorari not proper remedy.
Under the Rules of Court, the remedies available to a defendant in the Court of First
Instance (now Regional Trial Court) are:

a) The defendant in default may, at any time after discovery thereof and before
judgment, file a motion, under oath, to set aside the order of default on the ground that
his failure to answer was due to fraud, accident, mistake or excusable neglect, and that
he has a meritorious defense; (Sec. 3, Rule 18)

b) If the judgment has already been rendered when the defendant discovered the
default, but before the same has become final and executory, he may file a motion for
new trial under Section 1 (a) of Rule 37;

c) If the defendant discovered the default after the judgment has become final and
executory, he may file a petition for relief under Section 2 of Rule 38; and

d) He may also appeal from the judgment rendered against him as contrary to the
evidence or to the law, even if no petition to set aside the order of default has been
presented by him. (Sec. 2, Rule 41)

Q: May a plaintiff be declared in default?

A: Yes, since a plaintiff can also be a defendant in case a permissive counterclaim is
filed by the defendant.

Q: What should the court still continue to receive evidence after a defendant has
been declared in default?
A: MACONDRAY and CO vs EUSTAQUIO
SC: The judgment by default against a defendant who has neither appeared nor
filed his answer does not imply a waiver of rights except that of being heard and of
presenting evidence in his favor. It does not imply admission by the defendant of the
facts and causes of action of the plaintiff, because the codal section requires the latter
to adduce his evidence in support of his allegations as an indispensable condition
before final judgment could be given in his favor. Nor could it be interpreted as an
admission by the defendant that the plaintiff’s causes of action find support in the law or
that the latter is entitled to the relief prayed for.

VLASONS ENT CORP vs CA (read well)

SC: "SECTION 1. Judgment by default. — If the defendant fails to answer within the
time specified in these rules, the court shall, upon motion of the plaintiff and proof of
such failure, declare the defendant in default. Thereupon the court shall proceed to
receive the plaintiff’s evidence and render judgment granting him such relief as the
complaint and the facts proven may warrant . . ."
It is a legal impossibility to declare a party-defendant to be in default before it was
validly served summons.

Q: In what instances is default not proper?

A: 1) Annulment of marriage
2) Declaration of Nullity of marriage
3) Action for legal separation
In these cases, no default, but court will order the prosecutor if collusion exists
between the parties.

RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS

Q: How may pleadings be amended?

A: Pleadings may be amended by:
1) Adding or striking out an allegation
2) Adding or striking out the name of any party
3) Correcting a mistake in the name of a party
4) Correcting a mistaken or inadequate allegation or description in any other
respect. (Rule 10, Section 1)

Q: What is the basic purpose of amendment?

A: The basis propose is for the speedy designation of the actual merits of the
controversy, without regard to technicalities, in the most expeditious and inexpensive
manner. (last part of Rule 10, Section 1)

Q: When may amendments be made as a matter of right?

A: A party may amend his pleading ONCE as a matter of right at any time BEFORE A
RESPONSIVE PLEADING is served or, in the case of a reply, at any time within ten
(10) calendar days after it is served. (Rule 10, Section 2)
Q: Supposing A filed a complaint against B and C. C filed his answer. Can A still
amend the complaint as a matter of right?

A: REMINGTON INDUSTRIAL SALES CORP vs CA

The fact that the other defendants below has filed their answers to the complaint
does not bar petitioner’s right to amend the complaint as against Respondent. Indeed,
where some but not all the defendants have answered, the plaintiff may still amend its
complaint once, as a matter of right, in respect to claims asserted solely against the
non-answering defendant, but not as to claims asserted against the other defendants.

SPS VALENZUELA vs CA

Q: Supposing A filed a complaint against B who filed a Motion to Dismiss. Can A

still amend as a matter of right?
A: Yes. ONG PENG CO vs CUSTODIO

Q: When is leave of court necessary before amendments can be made?

A: Rule 10, Section 3 Except as provided in the next preceding Section, substantial
amendments may be made only upon leave of court. But such leave shall be refused if
it appears to the court that the motion was made with intent to delay or confer
jurisdiction on the court, or the pleading stated no cause of action from the beginning
which could be amended. Orders of the court upon the matters provided in this Section
shall be made upon motion filed in court, and after notice to the adverse party, and an
opportunity to be heard.

Q: Differentiate between formal and substantial amendments?

Formal Substantial
Rule 10 Section 4 Rule 10 Section 3

Even without leave of court With leave of court

Q: May there be amendment to confer jurisdiction?

A: As a rule, NO. Please see ROSARIO vs CARANDANG

Q: May amendments be made to conform to evidence?

A: Under the new rules, NO. Section 5. No amendment necessary to conform to or
authorize presentation of evidence. — When issues not raised by the pleadings are
tried with the express or implied consent of the parties, they shall be treated in all
respects as if they had been raised in the pleadings. No amendment of such pleadings
deemed amended is necessary to cause them to conform to the evidence.

Amended Pleading Supplemental Pleading

Refer to facts existing at the time of the Refer to facts arising after the filing of the
commencement of the action original pleading

Results in the withdrawal of the original Merely in addition to, but does not result
pleading in the withdrawal of, the original pleading

Can be made as a matter of right, as Always with leave of court

when no responsive pleading has yet
been filed

*SBCA MemAid citing Regalado

Q: What is the effect of amended pleadings?

A: Rule 10, Section 8 - An amended pleading,
1) supersedes the pleading that it amends;
2) admissions in superseded pleadings may be offered in evidence against the
pleader; and
3) claims or defenses alleged therein not incorporated in the amended pleading
shall be deemed waived.
 RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

Q: What are the two kinds of responsive pleadings?

A: An answer and a reply.

Q: Within what period of time should a defendant file his answer?

A: The defendant shall file his or her answer to the complaint within thirty (30) calendar
days after service of summons, unless a different period is fixed by the court. (Rule 11,
Section 1)

Q: What if the defendant is a foreign corporation?

A: Where the defendant is a foreign private juridical entity and service of summons is
made on the government official designated by law to receive the same, the answer
shall be filed within sixty (60) calendar days after receipt of summons by such entity.
(Rule 11, Section 2)

Q: A filed a complaint against B. The sheriff served summon on B personally.

Before B could file his answer, A amended his complaint. Within what period
should B file his answer?
A: When the plaintiff files an amended complaint as a matter of right, the defendant
shall answer the same within thirty (30) calendar days after being served with a copy
thereof.
Where its filing is not a matter of right, the defendant shall answer the amended
complaint within fifteen (15) calendar days from notice of the order admitting the same.
An answer earlier filed may serve as the answer to the amended complaint if
no new answer is filed. x x x (Rule 10, Section 3)

Q: Within what period do you file an answer to a counterclaim or cross-claim?

A: A counterclaim or cross-claim must be answered within twenty (20) calendar days
from service. (Rule 10, Section 4)

Q: What is the period to file a reply?

A: A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15)
calendar days from service of the pleading responded to. (Rule 10, Section 6)

Q: What is the period to file an answer to a supplemental complaint?

A supplemental complaint may be answered within twenty (20) calendar days from
notice of the order admitting the same, unless a different period is fixed by the court.
The answer to the complaint shall serve as the answer to the supplemental complaint if
no new or supplemental answer is filed. (Rule 10, Section 7)

Please read how many extension/s of time to file an answer is/are allowed. Rule 10,
Section 11.

Section 11. Extension of time to file an answer. — A defendant may, for meritorious
reasons, be granted an additional period of not more than thirty (30) calendar days to
file an answer. A defendant is only allowed to file one (1) motion for extension of time to
file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited and
considered a mere scrap of paper. The court, however, may allow any other pleading to
be filed after the time fixed by these Rules. (11a)

RULE 12
BILL OF PARTICULARS

Q: What is a Bill of Particulars?

A: It is a complementary procedural document consisting of an amplification or more
particularized outline of a pleading, and being in the nature of a more specific allegation
of the facts recited in the pleading. The purpose is to seek an order from the court
directing the pleader to submit a bill of particulars which avers matters with sufficient
definiteness or particularity to enable the defendant to prepare his responsive pleading.

Q: When do you file a motion for a bill of particulars?

A: Before responding to a pleading, a party may move for a definite statement or for a
bill of particulars of any matter, which is not averred with sufficient definiteness or
particularity, to enable him or her properly to prepare his or her responsive pleading. If
the pleading is a reply, the motion must be filed within ten (10) calendar days from
service thereof. Such motion shall point out the defects complained of, the paragraphs
wherein they are contained, and the details desired. (Rule 12, Section 1)

Q: What are the possible actions of the court upon receipt of a motion for a bill of
particulars?
A; Upon the filing of the motion, the clerk of court must immediately bring it to the
attention of the court, which may either deny or grant it outright, or allow the parties the
opportunity to be heard. (Rule 12, Section 2)
Q: When should you comply with an order granting the motion?
A: If the motion is granted, either in whole or in part, the compliance therewith must be
effected within ten (10) calendar days from notice of the order, unless a different period
is fixed by the court. The bill of particulars or a more definite statement ordered by the
court may be filed either in a separate or in an amended pleading, serving a copy
thereof on the adverse party. (Rule 12, Section 3)

Q: What is the effect of non-compliance?

A: If the order is not obeyed, or in case of insufficient compliance therewith, the court
may order the striking out of the pleading or the portions thereof to which the order was
directed, or make such other order as it deems just. (Rule 12, Section 4)

Q: In case of denial and or grant of the motion, what is the effect?

A: After service of the bill of particulars or of a more definite pleading, or after notice of
denial of his or her motion, the moving party may file his or her responsive pleading
within the period to which he or she was entitled at the time of filing his or her motion,
which shall not be less than five (5) calendar days in any event. (Rule 12, Section 5)

RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Q: Differentiate filing from service?

A: Filing is the act of submitting the pleading or other paper to the court. Service is the
act of providing a party with a copy of the pleading or any other court submission. If a
party has appeared by counsel, service upon such party shall be made upon his or her
counsel, unless service upon the party and the party’s counsel is ordered by the court.
Where one counsel appears for several parties, such counsel shall only be entitled to
one copy of any paper served by the opposite side.
Where several counsels appear for one party, such party shall be entitled to only one
copy of any pleading or paper to be served upon the lead counsel if one is designated,
or upon any one of them if there is no designation of a lead counsel. (Rule 13, Section
2)

Q: How are pleadings and other court submissions filed?

A: The filing of pleadings and other court submissions
shall be made by:
(a) Submitting personally the original thereof, plainly indicated as such, to the court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other electronic means as may be authorized
by the Court in places where the court is electronically equipped.

In the first case, the clerk of court shall endorse on the pleading the date and hour of
filing. In the second and third cases, the date of the mailing of motions, pleadings,
and other court submissions, and payments or deposits, as shown by the post office
stamp on the envelope or the registry receipt, shall be considered as the date of their
filing, payment, or deposit in court. The envelope shall be attached to the record of
the case. In the fourth case, the date of electronic transmission shall be considered
as the date of filing. (Rule 13 Section 3)

Q: How are pleadings and other court submissions served?

A: Pleadings, motions, notices, orders, judgments, and other court submissions shall be
served personally or by registered mail, accredited courier, electronic mail, facsimile
transmission, other electronic means as may be authorized by the Court, or as provided
for in international conventions to which the Philippines is a party. (Rule 13, Section 5)

(Read Rule 13, Sections 6 to 18 well)

UERM vs MINISTRY OF LABOR

Accordingly, when a party is represented by counsel, notices should be made
upon the counsel of record at his given address, to which notices of all kinds emanating
from the court should be sent.

Q: What is lis pendens?

A: Lis Pendens literally means a pending suit or a pending litigation and the doctrine of
lis pendens has been defined as the jurisdiction, power or control which a court acquires
over property involved in a suit, pending the continuance of the action, and until final
judment therein. (Rule 13, Section 19)
 RULE 14
SUMMONS

Q: What is “summons”?
A: Summons is a writ or process issued and served upon the defendant in a civil action
for the purpose of securing his appearance therein.

Q: What is the duty of the Clerk of Court upon the filing of a complaint?
A: Section 1. Clerk to issue summons. — Unless the complaint is on its face dismissible
under Section 1, Rule 9, the court shall, within five (5) calendar days from receipt of the
initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of court
to issue the corresponding summons to the defendants. (1a)

Q: What should be included in the summons?

A: Section 2. Contents. — The summons shall be directed to the defendant, signed by
the clerk of court under seal, and contain:
(a) The name of the court and the names of the parties to the action;
(b) When authorized by the court upon ex parte motion, an authorization for the plaintiff
to serve summons to the defendant;
(c) A direction that the defendant answer within the time fixed by these Rules; and
(d) A notice that unless the defendant so answers, plaintiff will take judgment by default
and may be granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem, if any, shall
be attached to the original and each copy of the summons. (2a)

Q: What is the basic purpose of summons?

A: The valid service of summons enables the court to acquire jurisdiction over the person
of the defendant.

Q: Who is authorized to serve summons?

A: The summons may be served by any of the following:
1. The sheriff; 2) his or her deputy; 3) other proper court officer; and 4) in case of
failure of service of summons, by them, any authorized person by the court – together
with the sheriff.
In cases, however, where summons is to be served outside the judicial region of
the court where case is pending, the plaintiff shall be authorized to cause service of
summons.
If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its
authorized representative therein, attaching a board resolution or secretary’s certificate
thereto, as the case may be, stating that such representative is duly authorized to serve
the summons on behalf of the plaintiff.

Q: What is the effect if the plaintiff misrepresented that the defendant was served
summons, but later proved that he was not actually served?
A: This will be cause for dismissal of the case, WITH PREJUDICE. This will nullify the
proceedings, and appropriate sanctions may be meted upon the plaintiff.
Q: What happens if the summons was returned unserved?
A: The court shall order the plaintiff to cause its service by other means available under
the rules. For example, cause the issuance of Alias Summons, in case of loss or
destruction of summons (but only upon motion).

Q: What are the different modes of service of summons?

A: Summons may be served by: 1) Personal Service; 2) Substituted Service; and by 3)
Publication. (See relevants rules in the ROC as amended)

Q: Supposing A is the brother of B. After his death, summons was served on his
brother. Was there proper service?
A: No. Since there was no representative of A, hence no valid service was made and any
proceedings held or judgment rendered is considered void.

Q: Supposing A filed a complaint against B. B was validly served summons. If A

amended the complaint, should you serve summons anew?
A: No, because when summons was served upon defendant B, the court had already
acquired jurisdiction over his person.

Q: Supposing, the amendment of the complaint in the previous example changed

the cause of action in the original complaint, would your answer be the same?
A: Yes. There is no need to serve summons anew, because jurisdiction had already been
acquired over the person of the defendant.

Q: Supposing then, that a counterclaim was filed. Do you need to serve summons
anew?
A: No, because again, jurisdiction over the person of the defendant had already been
acquired.

FRANCISCO MOTORS vs CA
SC: However, with regard to the procedural issue raised by petitioner’s allegation,
that it needed to be summoned anew in order for the court to acquire jurisdiction over it,
we agree with respondent court’s view to the contrary. Section 4, Rule 11 of the Rules of
Court provides that a counterclaim or cross-claim must be answered within ten (10) days
from service. Nothing in the Rules of Court says that summons should first be served on
the defendant before an answer to counterclaim must be made. The purpose of a
summons is to enable the court to acquire jurisdiction over the person of the defendant.
Although a counterclaim is treated as an entirely distinct and independent action, the
defendant in the counterclaim, being the plaintiff in the original complaint, has already
submitted to the jurisdiction of the court. Following Rule 9, Section 3 of the 1997 Rules of
Civil Procedure, 21 if a defendant (herein petitioner) fails to answer the counterclaim, then
upon motion of plaintiff, the defendant may be declared in default. This is what happened
to petitioner in this case, and this Court finds no procedural error in the disposition of the
appellate court on this particular issue. Moreover, as noted by the respondent court, when
petitioner filed its motion seeking to set aside the order of default, in effect it submitted
itself to the jurisdiction of the court.

Q: How is personal service made?

A: Section 5 of Rule 14 of ROC as amended.

Q: How is substituted service made?

A: Section 6 of Rule 14 of ROC as amended.

Q: What should the sheriff’s return state if he serves summons by substituted

service?
A: Section 20 of Rule 14 of ROC as amended.

MA IMELDA MANOTOC vs CA
SC: Section 8 of Rule 14 on Substituted Service can be broken down into the
following requirements:
1) Impossibility of Prompt Personal Service
2) Specific Details in the Return
3) A person of Suitable Age and Discretion
4) A competent Person in Charge

HAMILTON v LEVY
SC: A perusal of the aforementioned Return clearly shows that there was no
reason why personal service could not be effected. The impossibility of prompt, personal
service should be shown by stating in the proof of service that efforts were made to serve
the defendant personally and that said efforts failed, hence the resort to substituted
service. The pertinent facts and circumstances attendant to the service of summons must
be stated in the proof of service or Officer’s Return; otherwise, any substituted service
made in lieu of personal service cannot be upheld. This is necessary because substituted
service is in derogation of the usual method of service. It is a method extraordinary in
character and hence may be used only as prescribed and in the circumstances authorized
by statute. Here, no such explanation was made. Failure to faithfully, strictly, and fully
comply with the requirements of substituted service renders said service ineffective.

Q: Supposing A filed a case against B. B filed an extension of time to file his Answer
which the court denied and declared him in default. Thereafter, B questioned the
jurisdiction of the court over is person alleging that there was defective substituted service
of summons. Decide.
A; I would rule against B. B is deemed to have waived any flaw in the court’s jurisdiction
arising from defective service of summons when he filed his motion for additional time to
file his answer. In effect, he voluntarily submitted to the jurisdiction of the court when he
asked for this affirmative relief.

NOTE: Read carefully how service of summons be made upon different persons, Sections
7 to 18 of ROC as amended.
 REBOLLIDO vs CA
SC: For purposes of valid summons, the dissolved Pepsi Cola was the real party
in interest-defendant in the civil case filed by the petitioners not only because it is the
registered owner of the truck involved but also because, when the cause of action
accrued, Pepsi Cola still existed as a corporation and was the party involved in the acts
violative of the legal right of another.
Nowhere in the Corporation Code is there any special provision on how process
shall be served upon a dissolved defendant corporation. The absence of any such
provision, however, should not leave petitioners without any remedy, unable to pursue
recovery for wrongs committed by the corporation before its dissolution. Since our law
recognizes the liability of a dissolved corporation to an aggrieved creditor, it is but logical
for the law to allow service of process upon a dissolved corporation. Otherwise,
substantive rights would be lost by the mere lack of explicit technical rules.

The Rules of Court on service of summons upon a private domestic corporation is also
applicable to a corporation which is no longer a going concern.

Q: Is substituted service allowed on domestic corporations?

A: No (See Delta Motors Corp vs Mangosing (1976)

Q: How do you effect service of summons by publication?

A: Section 16 of Rule 14 of the ROC as amended.
Section 16. Service upon defendant whose identity or whereabouts are
unknown.— In any action where the defendant is designated as an unknown owner, or
the like, or whenever his or her whereabouts are unknown and cannot be ascertained by
diligent inquiry, within ninety (90) calendar days from the commencement of the action,
service may, by leave of court, be effected upon him or her by publication in a newspaper
of general circulation and in such places and for such time as the court may order.
Any order granting such leave shall specify a reasonable time, which shall not be
less than sixty (60) calendar days after notice, within which the defendant must answer.
(14a)

Q: What is extraterritorial service?

A: Section 17 of the ROC as amended.
Section 17. Extraterritorial service. — When the defendant does not reside and is
not found in the Philippines, and the action affects the personal status of the plaintiff or
relates to, or the subject of which is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent, or in which the relief demanded
consists, wholly or in part, in excluding the defendant from any interest therein, or the
property of the defendant has been attached within the Philippines, service may, by leave
of court, be effected out of the Philippines by personal service as under Section 6; or as
provided for in international conventions to which the Philippines is a party; or by
publication in a newspaper of general circulation in such places and for such time as the
court may order, in which case a copy of the summons and order of the court shall be
sent by registered mail to the last known address of the defendant, or in any other manner
the court may deem sufficient. Any order granting such leave shall specify a reasonable
time, which shall not be less than sixty (60) calendar days after notice, within which the
defendant must answer. (15a)

Section 18. Residents temporarily out of the Philippines. — When any action is
commenced against a defendant who ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be also effected out of the Philippines,
as under the preceding Section. (16a)

CASTILLO vs CFI OF BULACAN

SC: Under Section 17, service of summons may, by leave of court, be effected out
of the Philippines by personal service or by publication in a newspaper of general
circulation in such places and for such time as the court may order, in which case a copy
of the summons and order of the court shall be sent by registered mail to the last known
address of the defendant. Failure to comply with the above provisions of law, as in this
case, is a fatal defect in the service of summons as to annul the proceedings taken by the
lower court. Chua Yok, a mere overseer of the lessee of the premises owned by the
parties herein, and to whom the summons was served, is not in anyway authorized to
receive any pleading in behalf of petitioner. Hence, service of summons to him is not
proper and legal.
Non-service of summons upon petitioner constitutes a deprivation of procedural
due process. It is fair and just that she be given her day in court. It is a jurisdictional defect
proper for the present recourse.

Section 19. Leave of court. — Any application to the court under this Rule for leave to
effect service in any manner for which leave of court is necessary shall be made by motion
in writing, supported by affidavit of the plaintiff or some person on his behalf, setting forth
the grounds for the application. (17a)

Section 20. Return. — Within thirty (30) calendar days from issuance of summons by the
clerk of court and receipt thereof, the sheriff or process server, or person authorized by
the court, shall complete its service. Within five (5) calendar days from service of
summons, the server shall file with the court and serve a copy of the return to the plaintiff’s
counsel, personally, by registered mail, or by electronic
means authorized by the Rules.

Should substituted service have been effected, the return shall state the following:

(1) The impossibility of prompt personal service within a period of thirty (30) calendar
days from issue and receipt of summons;
(2) The date and time of the three (3) attempts on at least (2) two different datesto
cause personal service and the details of the inquiries made to locate
thedefendant residing thereat; and
(3) The name of the person at least eighteen (18) years of age and of sufficient
discretion residing thereat, name of competent person in charge of the
defendant’s office or regular place of business, or name of the officer of the
 homeowners’ association or condominium corporation or its chief security officer
in charge of the community or building where the defendant may be
found. (4a)

Section 21. Proof of service. — The proof of service of a summons shall be made in
writing by the server and shall set forth the manner, place, and date of service;shall
specify any papers which have been served with the process and the name of the person
who received the same; and shall be sworn to when made by a person other than a sheriff
or his or her deputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the
summons as served, and the affidavit of the person mailing, shall constitute as proof of
service. (18a)

Section 22. Proof of service by publication. — If the service has been made by publication,
service may be proved by the affidavit of the publisher, editor, business or advertising
manager, to which affidavit a copy of the publication shall be attached and by an affidavit
showing the deposit of a copy of the summons and order for publication in the post office,
postage prepaid, directed to the defendant by registered mail to his or her last known
address. (19a)

Section 23. Voluntary appearance. — The defendant's voluntary appearance in the action
shall be equivalent to service of summons. The inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction over the person of the defendant shall be deemed
a voluntary appearance. (20a)
RULE 15
MOTIONS

Q: What is a motion?
A: A motion is an application for relief other than by a pleading (Rule 15 Section 1)

Q: What are non-litigious motions?

A: Non-litigious motions are those which the court may act upon without prejudicing the
rights of adverse parties are non-litigious motions.

Q: What are examples of non-litigious motions?

A: a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
h) Other similar motions.
Q: What is the prescriptive period for resolving said non-litigious motions?
A: These motions shall not be set for hearing and shall be resolved by the court within
five (5) calendar days from receipt thereof. (NOTE: no more requirement of setting
hearings on motions filed.)

Q: What are examples of litigious motions?

A: 1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.

Q: What is the difference in procedure when a litigious motion is filed and when a
non-litigious motion is filed?
In litigious motions, the other party is given time to file his or her comment or
opposition thereto within five (5) days from receipt thereof. Thereafter, it will be submitted
for the resolution of the court within fifteen (15) days from receipt of opposition or lapse
of period of filing thereof.
Also, the court in the exercise of its discretion, may deem it necessary to call the
motion for hearing.

NOTE: Proof of service is now necessary, Section 7 Rule 15 as amended.

Q: When is motion day?

A: Except for motions requiring immediate action, where the court decides to conduct
hearing on a litigious motion, the same shall be set on a Friday.

Q: What is the Omnibus Motion Rule?

A: Section 9 of ROC as amended. Subject to the provisions of Section 1 of Rule 9, a
motion attacking a pleading, order, judgment, or proceeding shall include all objections
then available, and all objections not so included shall be deemed waived.

Q: What are prohibited motions?

A: See Section 12 of Rule 13 of ROC as amended.

NOTE: Read well Section 13 of Rule 15 of ROC as amended.

Section. 13. Dismissal with prejudice. — Subject to the right of appeal, an order granting
a motion to dismiss or an affirmative defense that the cause of action is barred by a prior
judgment or by the statute of limitations; that the claim or demand set forth in the plaintiff’s
pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim
on which the action is founded is unenforceable under the provisions of the statute of
frauds, shall bar the refiling of the same action or claim.

RULE 16
MOTION TO DISMISS
[Provisions either deleted or transposed]

Q: Are motions to dismiss still allowed under the rules?

A: Yes. Rule 15, Section 12 of the ROC as amended states that a MTD is a prohibited
pleading except when it raises any of the following grounds:
1) the court’s lack of jurisdiction over the subject matter of the claim;
2) the pendency of another action between the same parties for the same cause;
3) the cause of action is barred by a prior judgment; or
4) the cause of action is barred by the statute of limitations.

NOTE: The adverse party may file an opposition to the MTD within five (5) calendar days
from receipt thereof without need of an order from the court. The motion to dismiss shall
then be resolved by the court within fifteen (15) calendar days from its receipt of the
opposition, or upon expiration of the period to file such opposition.

NOTE: These are what we call the non-waivable defenses.

Q: So what happens now to the other grounds for dismissal of the case? Does it
mean that they are no longer allowed and can no longer be raised by the
defendants?
A: No, the other grounds to dismiss under the former 1997 Rules of Civil Procedure should
now be raised and pleaded as affirmative defenses in the answer. The trial court shall
motu propio resolve these defenses within thirty (30) calendar days from the filing of the
answer.

Q: Supposing in a case filed by A against B, B raised as an affirmative defense that

there was non-compliance with a condition precedent. The court denied the
affirmative defense. What is B’s remedy from the denial of the affirmative defense?
A: Under the revised rules, the denial of affirmative defenses cannot be the subject of a
motion for reconsideration or petition for certiorari, prohibition or mandamus. Instead, the
denial of the affirmative defense may be raised on appeal after a judgment on the merits
(Rule 8, Section 12(e)).
Q: What grounds of motion to dismiss, when granted, shall cause the dismissal of
the case with prejudice?
A: An order granting the following is considered a dismissal with prejudice and bars the
refiling of the same action or claim:
1) motion to dismiss (based on the four non-waivable defenses);
2) affirmative defense,
a) that the cause of action is barred by prior judgment or by the statute of
limitations;
b) that the claim or demand set forth in the plaintiff’s pleading has been paid,
waived, abandoned or otherwise extinguished; or
c) that the claim on which the action is founded is unenforceable under the
provisions of the Statute of Frauds. (Rule 15, Section 13)

Q: Under the former Rules of Civil Procedure, what are the other grounds for Motion
to Dismiss?
A: 1. That the court has no jurisdiction over the person of the defendant or over the
subject of the action or suit;
2. That the court has no jurisdiction over the nature of the action or suit;
3. That venue is improperly laid;
4. That the plaintiff has no legal capacity to sue;
5. That there is another action pending between the same parties for the same
cause;
6. That the cause of action is barred by a prior judgment or by statute of limitations;
7. That the complaint states no cause of action;
8. That the claim or demand set forth in the plaintiff’s pleading has been paid,
waived, abandoned or otherwise extinguished;
9. That the claim on which the action or suit is founded is unenforceable under the
provisions of the statute of frauds;
10. That a condition precedent for filing the claim has not been complied with.

Q: What is the effect when an affirmative defense is raised invoking the ground of
failure to state a cause of action?
A: A defendant who raises the defense that the complaint states no cause of action
hypothetically admits all the averments thereof.

Q: Is there a difference between an affirmative defense of failure to state a cause of

action and lack of cause of action?
A: Yes. Lack of cause of action is raised after the plaintiff has presented his evidence on
the ground that the latter has shown no right to the relief sought (Demurrer to Evidence)
while failure to state a cause of action is based on preliminary objections which can be
ventilated before the beginning of the trial (as an affirmative defense in the answer,
formerly a ground for motion to dismiss).
Q: A sold a parcel of land to B. Alleging overpayment, B filed an action to recover
the overpayment. Meanwhile, A filed an action for collection of balance. B filed a
MTD on the ground of litis pendencia. B contended that since he was not yet served
with summons yet, there is no basis to grant the motion to dismiss based on litis
pendencia. Decide.
A: I will dismiss the case based on litis pendencia. All the grounds for litis pendencia are
present, namely:
1. identity of parties and interest;
2. identity of rights asserted and reliefs prayed for;
3. reliefs are founded on the same facts;
4. the identity is such that either way the pending case is decided, it would constitute
a bar to the present case.
Note that the action is commenced by the filing of the case, and not upon service
of summons.

Q: What are the requirements of res judicata?

A: 1. There is a former order or judgment that is final and executory;
2. The order or judgment was rendered by a court of competent jurisdiction;
3. The judgment or order is on the merits; and
4. There is identity of parties, subject matter and cause of action. (Albano,
Reviewer)

Q: Supposing a party failed to comply with the requirement or prior conciliation

before the barangay. What is/are remedies available to the defendant?
A: The defendant may raise the affirmative defenses of a) lack of cause of action; or b)
failure to comply with a condition precedent), in his answer.

Q: What are other examples of condition precedents?

A: 1. Prior conciliation before the barangay;
2. Earnest efforts to reach settlement before members of the same family in a suit
between such members (article 151);
3. Exhaustion of administrative remedies.

Q: What should the defendant do if his MTD is denied?

A: The defendant should file his answer.

Q: Within what period should the defendant file his answer?

A: He shall file within the remaining period of time left to file his answer, but no less that
five (5) days computed from his receipt of order denying MTD.
 Heirs of Mariano Lagutan vs Icao
SC: The motion to dismiss was filed long after respondents' Amended Answer had
been filed. Under Rule 16, the motion to dismiss must be filed within the time for pleading,
that is, within the period to answer. Respondents filed their motion to dismiss almost three
months after they filed their Amended Answer, which is a violation of the first requirement
on motions to dismiss.

California and Hawaiian Sugar Co., vs Pioneer Insurance and Surety Corp
SC: Under the pre-1997 Rules of Court, a preliminary hearing on affirmative
defenses may be allowed when a motion to dismiss has not been filed or when, having
been filed, it has not been denied unconditionally. Hence, if its resolution has merely been
deferred, the grounds it invokes may still be raised as affirmative defenses, and a
preliminary hearing thereon allowed.
Undeniably, a preliminary hearing is not mandatory, but subject to the discretion
of the trial court. In the light of the circumstances in this case, though, we find that the
lower court committed grave abuse of discretion in refusing to grant the Motion.
Indeed, it committed grave abuse of discretion when it denied a preliminary hearing
on a simple issue of fact that could have possibly settled the entire case. Verily, where a
preliminary hearing appears to suffice, there is no reason to go on to trial. One reason
why dockets of trial courts are clogged is the unreasonable refusal to use a process or
procedure, like a motion to dismiss, which is designed to abbreviate the resolution of a
case.

Sps Ong vs CA, G.R. No. 144581, July 5, 2002

SC: Ordinarily, the dismissal of a complaint for violation of Administrative Circular
No. 04-94 and of its present counterpart in Sec. 5, Rule 7, 1997 Rules of Civil Procedure,
is without prejudice. This means that the plaintiff may re-file the complaint in his discretion
after making the necessary corrections. In the instant case, however, whether the
dismissal is termed with or without prejudice would not matter anymore since the right to
institute an unlawful detainer case for the same cause of action pleaded in the case at
bar within the one (1)-year period from the demand to vacate has long elapsed.
Nonetheless, in the exercise of our discretion and to prevent clever and stubborn
attempts to resurrect the dismissed complaint, we declare the dismissal herein
adjudicated to be with prejudice. This is necessary to allow the action for reconveyance
and partition originally docketed as Civil Case No. 268-0-94 and apparently still pending
appeal with the Court of Appeals, where both petitioners and respondents have equal
chances of winning the case, to take its legitimate and unfettered course. To reserve even
a dint of possibility of another ejectment case notwithstanding the pending appeal from
the decision in Civil Case No. 268-0-94 is to require needlessly not only the parties but
the court as well to spend time, effort and money in what may turn out to be a sheer
exercise in futility. In truth, due to the existence in the pending action of the identity of
parties and issues, valuable considerations of economy of time and effort for the court,
the counsel and the parties, along with the pressing need to resolve the issue of
possession, justify our present resolution.
 RULE 17
DISMISSAL OF ACTIONS

Q: When may the plaintiff dismiss the case without any order from the court?
A: Rule 17 Section 1 (Dismissal upon notice of the plaintiff)

Q: When is there adjudication upon the merits?

A: See the Two Dismissal Rule under Rule 17 Section 1

Q: What is the two-dismissal rule?

A: It contemplates a situation where a plaintiff has once dismissed in a competent court
an action based on or including the same claim. Such notice shall then operate as an
adjudication upon the merits.

Q: A moved to dismiss the case against B. The court granted the motion. Is it a
dismissal with prejudice or without prejudice.
A: The case is dismissed without prejudice. Unless the court orders that the dismissal is
with prejudice, that is the only time when it is such. When the order is silent, then it is
merely dismissed without prejudice.

Q: What is dismissal without prejudice?

A: Dismissal without prejudice means that the action may be revived by the institution of
a subsequent action through the filing of another complaint and payment of filing fee.

Q: What is dismissal with prejudice?

A: Dismissal with prejudice renders it final and executory. As such, it can no longer be
revived or re-filed.

Q: May a class suit be dismissed without approval of the court?

A: No. (Rule 17 Section 2)

Q: What is nolle prosequi?

A: Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation on
the same.

Q: Supposing a case was dismissed because of nolle prosequi. What happens to

the counterclaim filed by the defendant?
A: The defendant still has the right to prosecute his counterclaim in the same or in a
separate action.

Q: Supposing the dismissal was due to the fault of the plaintiff, what is the nature
of said dismissal?
A: This dismissal shall have the effect of an adjudication upon the merits, unless
otherwise declared by the court. (Rule 17, Section 3)
Q: Under Rule 17, what are the grounds for dismissal of action?
A: 1. Plaintiff’s failure to prosecute for an unreasonable length of time;
2. Failure to appear at the trial;
3. Failure to comply with the rules; and
4. Failure to comply with the order of the court.

Vallangca vs CA, G.R. No. 55336 May 4, 1989

SC: A dismissal order is generally deemed to be without prejudice to the filing of
another action. The only instance when dismissal of an action is with prejudice is, when
the order itself so states.

Calalang vs CA, G.R. No. 103185 January 22, 1993

SC: The acts of respondent do not manifest lack of interest to prosecute, in the
absence of proof that it indeed abandoned or intended to abandon its case against
petitioner and the other defendants. Admittedly, there was delay in this case, but such
delay, is not the delay warranting dismissal. To be a sufficient ground for dismissal, delay
must not only be lengthy but also unnecessary and dilatory resulting in the trifling of
judicial processes.
Dismissal of a case for failure to prosecute is a matter of sound discretion of the
court. Thus, courts may not enter a dismissal which is not warranted by the circumstances
of the case.

Sotto vs Valenzuela, 105 Phil 589 (dismissal not proper)

SC: It is apparent that in view of the admission of the third party complaint and the
fact that defendant thereto must be summoned and be allowed to answer, the case was
not yet ready for trial at the time previously set for hearing. The order of dismissal was
therefore ill advised and is hereby set aside.

Buenaventura vs Buenaventura, 94 Phil 193 (dismissal not proper)

SC: The trial court acted rather hastily in ordering the dismissal of the case. There
was no motion for that purpose. The reason given by the court was that the parties had
failed to file their promised agreed statement of facts and memo. The ends of justice
would have been better served had the trial court, upon being apprised that the parties
could not agree on the facts, set the case for hearing and permitted them to present
evidence on those matters where no agreement could be reached.

Koh vs IAC, 144 SCRA 259 (dismissal not proper)

SC: Section 3 of Rule 17 is inapplicable. The Notice of Case Status was not an
order of the court. The failure of the parties to heed the warning did not constitute
disobedience of a lawful order of the court. Consequently, the dismissal could not have
the effect of an adjudication on the merits. Neither could Bank be considered to have
failed to prosecute for an unreasonable length of time considering that petitioner’s Answer
was dated Aug and order of dismissal was dated November of same year.
 Sunga vs Lacson, G.R. No. L-26055 April 29, 1968
SC: Nothing in the language of Rule 17 Section 1 supports the view that before the
defendant has answered, the action can be dismissed only at the instance of the plaintiff.
For what the rule says is that before the defendant has answered the plaintiff can withdraw
his action by merely giving notice to the court, but that after the defendant has answered
the plaintiff may do so only with prior leave of court. The rule governs the conditions under
which the plaintiff may dismiss his action; it does not purport to deny thereby to the
defendant the right to seek the dismissal of the action.

RULE 18
PRE-TRIAL

Q: What is the purpose of pre-trial?

A: Pre-trial is a procedural device intended to clarify and limit the basic issues of the
parties. Its main objective is to simplify, abbreviate and expedite trial, or totally dispense
with it.

Q: What are the matters which may be considered during pre-trial?

A: Rule 18, Section 2 as amended

Q: Which comes first, Pre-trial or JDR?

A: Under the revised rules, Rule 13, Section 9.

Q: What is the effect of failure to appear during pre-trial?

A: The failure without just cause of a party and counsel to appear during pre-trial, despite
notice, shall result in a waiver of any objections to the faithfulness of the reproductions
marked, or their genuineness and due execution. (Rule 18, Sections 2 and 5 as amended)

Q: What is the effect of failure to bring evidence?

A: The failure without just cause of a party and/or counsel to bring the evidence required
shall be deemed a waiver of the presentation of such evidence. (Rule 18, Section 2, as
amended)

Q: What is the effect of failure to file pre-trial brief?

A: Failure to file the pre-trial brief shall have the same effect as failure to appear at the
pre-trial. (Rule 18, Section 6, as amended)

Q: When should the parties file their pre-trial briefs?

A: The parties shall file with the court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) calendar days before the date of the
pre-trial. (Rule 18, Section 6 as amended)

Q: What are the contents of the pre-trial brief?

A: (a) A concise statement of the case and the reliefs prayed for;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The main factual and legal issues to be tried or resolved;
 (d) The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked, stating the purpose
thereof;
(f) The names of the witnesses, and the summary of their respective testimonies;
and
(g) A brief statement of points of law and citation of authorities.

NOTE: New Section 10 of Rule 18, as amended.

Taroma vs Sayo, G.R. No. L-37296 October 30, 1975

SC: SC reaffirmed its recent ruling that notice of pre-trial should be served
separately upon party and his counsel.

RULE 19
INTERVENTION
Q: What is “intervention”?
A: Intervention is a remedy by which a third party, not originally impleaded in a proceeding
becomes a litigant therein to enable him to protect or preserve a right or interest which
may be affected by such proceeding. Its purpose is to settle one action and by a single
judgment the whole controversy among the persons involved. (Francisco)

Q: What are the requisites of intervention?

A: See Lorenza Ortega vs CA
1. legal interest in the matter in controversy
2. legal interest in the success of either of the parties
3. legal interest in both or
4. so situated as to be adversely affected by a distribution or other disposition of
property in the custody of the court or af an office thereof.

Q: Who may intervene in an action?

A: Rule 19, Section 1

Q: When should intervention be filed and how should it be done?

A: Rule 19, Section 2

Q: May intervention be made during appeal?

A: As a rule, no (See Rule 19, Section 2 - before rendition of judgment of trial court).
However, there are some cases wherein the court allowed exceptions to the rule, and
always in the interest of substantial justice.

Q: How many days should you file an answer to a complaint?

A: Thirty days from receipt of summons
Q: What about period to file answer to complaint in intervention?
A: Fifteen calendar days from notice of order admitting the same
Q: What are the two kinds of intervention?
1) Complaint in intervention
2) Answer in intervention (Rule 19, Section 3)

Lorenza Ortega vs CA, G.R. No. 125302 November 16, 1998

SC: Ortega cannot appeal. No formal motion for intervention was filed by her, and
her participation was merely confined to the ex parte motion for an order of new title and
issuance of owner’s certificate of title followed by supplementary motion for issuance of
new titles as well as evidentiary hearings thereon.
Since no motion was filed, she was never thereby recognized as an intervenor.
The filing of pleadings incidental to the execution process did not, ipso jure, give her the
legal standing of a party in interest to the main case.

Big Country Ranch Corporation vs CA, G.R. No. 102927 October 12, 1993
SC: The right to intervene is not an absolute right. The statutory rules or conditions
for the right to intervene is to a great extent fixed by the statute or rule, and intervention
can, as a rule, be secured only in accordance with the terms of the applicable provision.
(Here, intervention would unduly delay the case and petitioner has no legal interest in the
matter in litigation, and that at any rate, his rights, if any, can be ventilated and protected
in a separate action).

Trazo vs Manila Pencil, G.R. No. L-16501 January 31, 1961

SC: The case of petitioner herein does not come within the purview of the Rules
which provides that intervention may be permitted “at any period of a trial.” The phrase
“at any period of a trial” has been construed to mean the period for the presentation of
evidence by both parties. Therefore, intervention may not be permitted after trial has been
concluded. The motion for intervention was filed after the trial and decision of the original
case and therefore out of time.

GSIS vs CA, G.R. No. L-42278 January 20, 1989

SC: In allowing Knecth to intervene in the proceedings for the issuance of the writ,
respondent CA premised its ruling on his being the purchaser of the mortgaged property,
whose rights allegedly would be adversely affected by the foreclosure. This ruling,
unfortunately, admits the validity of the Deed of Sale with Assumption of Mortgage,
executed between the Dulays and Knecth as against petitioner GSIS. There is, however,
no evidence that this sale was registered. Hence, Knecth acquired no legal right over the
mortgaged property as against GSIS, and consesequently is not a proper intervenor.

RULE 20
CALENDAR OF CASES
(Read)
 Rule 20
CALENDAR OF CASES

Q: What cases shall be given preference by the clerk of court?

A: Under the ROC, the following shall be given preference:
1) Habeas Corpus cases
2) Election cases
3) Special Civil Actions
4) Those so required by law.

Q: How is assignment of cases to different branches done?

A: The assignment of cases shall be done in open court of which adequate notice shall be given so
as to afford interested parties the opportunity to be present.

Rule 21
SUBPOENA

Q: What is a subpoena?
A: A subpoena is a process directed to a person requiring him or her to attend and to testify at the
hearing or the trial of an action, or at any investigation conducted by competent authority, or for
the taking of his or her deposition. It may also require him or her to bring with him or her any
books, documents, or other things under his or her control.

Q: What are the two kinds of subpoena?

A: There are two kinds of subpoena, namely:
1) Subpoena Ad Testificandum – subpoena requiring a person to testify
2) Subpoena Duces Tecum – subpoena requiring a person to produce documents or papers
pertinent to the case which are under the person’s control or possession

Q: Who may issue a subpoena?

A: The subpoena may be issued by:
1) the court before whom the witness is required to attend
2) the court of the place where the deposition is to be taken
3) the officer or body authorized by law to do so in connection with investigations
conducted by said officer or body
4) any Justice of the Supreme Court or the Court of Appeals in any case or investigation
pending within the Philippines

Q: What are the contents of a subpoena?

A: 1) Name of court
2) Title of action
3) Directed to person whose attendance is required
4) In case of duces tecum, reasonable description of the books, documents or things
demanded which must appear to the court prima facie relevant
Q: What are the grounds for quashal of subpoena?
A: Duces Tecum
1) If it is unreasonable or oppressive
2) Relevancy of books documents or things does not appear
3) Person in whose behalf the subpoena is issued fails to advance the reasonable cost of the
production thereof
Ad Testificandum
4) Witness is not bound thereby
In either case, subpoena may be quashed on the ground that the witness feees and
kilometrage allowed by these Rules were not tendered when the subpoena was served.

Q: How is service of subpoena made?

A: Same as personal or substituted service of summons

Q: What is a bench warrant?

A: In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of
the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the
province or his deputy, to arrest said witness and bring him before the court where his attendance
is required.

Q: When may a person be exempted from being compelled to appear?

A: Viatory right of witness (if he resides more than 100 km from his residence to place where
he is required to testify by ordinary course of travel
If no permission of the court was obtained if witness is a detention prisoner

Q: What is the sanction of failure to attend despite receipt of supbpoena?

A: Contempt of court

People vs Montejo 21 SCRA 722

The rule applies only to civil cases, not criminal cases.

Rule 22
COMPUTATION OF TIME

Q: State the rule in computation of time?

A: See Rule 22, Section 1 of ROC

Q: What is the reason why the first day shall be excluded?

A: Because one cannot complete and count one day on the first day.

Q: Supposing the defendant received a copy of the summons on December 1, 2020. Defendant
only filed his Answer on January 1, 2021. Is this allowed?
A: Yes. Under Rule 22 of the ROC, if the last day of the period falls on a Saturday, Sunday or
legal holiday in the place where the court sits, the time shall not run until the next working day. In
this case, since the last day for filing (December 31, 2020 – 30 days from receipt of summons to
file Answer) is a legal holiday, also January 1, and January 2 and 3 are Saturday and Sunday,
respectively, then the defendant may file on the next working day, January 4, 2020 without any
fear.

De Las Alas vs CA 83 SCRA 200

The day of the filing is excluded and forms part of the remaining period.

Rule 23
DEPOSITIONS PENDING ACTION

Q: What is the importance of the rules of discovery?

A: Republic vs Sandiganbayan 204 SCRA 212
They entertain the period of litigation and speed up adjudication. In this case, it was said
that the rules of discovery serve as:
a) devices, along with the pre-trial hearing under Rule 18 to narrow and clarify the basic
issues between the parties; and
b) devices for ascertaining the facts relative to those issues.

Q: What are the two kinds of depositions?

A: 1) Deposition de bene esse – deposition pending action (Rule 23)
2) Deposition in perpetua rei memoriam – deposition taking prior to the institution of an
apprehended or intended action or pending appeal (Rule 24)

Q: What are the different kinds of modes of discovery?

A: 1. Depositions pending action
2. Depositions before action or pending appeal
3. Interrogatories to parties
4. Request for admission
5. Production or inspection of documents or things
6. Physical and mental examination of persons

Q: What is a deposition?
A: A deposition is the written testimony of a witness given in the course of a judicial proceeding,
in advance of the trial or hearing, upon oral examination or in response to a written interogatories,
and where an opportunity is given for cross-examination (16 Am. Jur. 699)

Q: What is the scope of examination of a witness deposed?

A: Rule 24, Section 2.

Q: What is the use of a deposition?

A: Rule 24, Section 4

Q: When may a party interpose his objections to a deposition?

A: He should interpose his objections at the trial or hearing.
Q: Supposing A took the deposition of his neighbor B in a case against C. A decided not to
use his deposition. B volunteered to be a witness in the case. Decide.
A: Under Rule 23, Section 7, a party shall not be deemed to make a person his or her own witness
for any purpose by taking his or her deposition.

Q: Before whom may depositions be taken in the Philippines?

A: Rule 24, Sections 10 and 14

Q: Before whom may a deposition be taken in a foreign country?

A: Rule 24 Section 11

Q: What is a letters rogatory?

A: A letters rogatory is an instrument whereby a foreign court is informed of the pendency of the
case and the names of the foreign witnesses, and is requested to cause their depositions to be taken
in due course of law, for the furtherance of justice, with an offer on the part of the court making
the request, to do the like for the other, in a similar case. (Ballentine’s Law Dic, p 744)

Read very well the rest of the provisions.

Rule 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

Read very well all the codal provisions.

Rule 25
INTERROGATORIES TO PARTIES

Read very well all the codal provisions.

Q: What is the scope of the interrogatories to a party?

A: Interrogatories may relate to any matters that can be inquired into under Section 2 of Rule 23
and the answers may be used for the same purpose provided in Section 4 of the same Rule. (Rule
24, Section 5; Araneta Inc vs Rodas 81 Phil 206)

Q: When may a party object to interrogatories?

A: Objections to interrogatories may be presented to the court within ten (10) calendar days after
service thereof, with notice as in case of a motion, and answers shall be deferred until the
objections are resolved, which shall be as early a time as is practicable (Rule 24 Section 4)

Q: Distinguish interrogatories under Rule 25 and depositions upon written interrogatories

under Rule 23?
A: Interrogatories under Rule 25 are directly served upon the adverse party for him to answer by
himself; while written interrogatories under Rule 23 may be served on all other parties and
delivered to the officer taking the deposition for answer by the deponent who may not necessarily
be the adverse party and the answers are given to the deposition officer. (Albano)

Q: What is the effect if a party is not served written interrogatories?

A: Rule 25, Section 6 – Unless thereafter allowed by the court for good cause shown and to prevent
a failure of justice, a party not served with written interrogatories may not be compelled by the
adverse party to give testimony in open court or to give a deposition pending appeal.

Rule 26
ADMISSION BY ADVERSE PARTY

Read the codal provisions very well.

Q: What are the facts that an adverse party may be required to admit?
A: 1) The truth of any relevant matters of fact set forth in the request
2) The genuineness of any relevant documents described in and exhibited with the request.

Q: At what stage of the proceedings, may a party serve upon the other the written request
for admission?
A: Anytime after filing of the answer of the defendant, which is the time when issues have been
joined. (This is because this is the time for proving questions of facts)

Q: What is the purpose of the request for admission?

A: It is to expedite trial and relieve the parties of the costs of proving facts that will not be disputed
on trial and the truth of which can be ascertained by reasonable inquiry. (Uy Chaco vs De La
Rama Steamship Co. Inc L-14495, September 29, 1962)

Q: What is the effect if the party who is served with a request for admission of facts or
documents does not file a statement either admitting or denying the same, what is the effect
of such failure?
A: The facts or documents are deemed admitted. (Allied Agri-Business Dev’t Co., Inc. vs CA, GR
No. 118438 December 4, 1998)

Q: Supposing the Request for Admission is a mere reiteration of the material allegations in
the complaint, what should such party do?
A: The other party need not even answer. A request for admission is not intended to merely
reproduce or reiterate the allegations of the requesting party’s pleading but should set forth relevant
evidentiary matters of fact or documents described in and exhibited with the request, whose
purpose is to establish said party’s cause of action or defense. (Concrete Aggregates Corp vs CA)
 Rule 27
PRODUCTION OR INSPECTION of DOCUMENTS or THINGS

Read the codal provisions well.

Rule 27 Subpoena Duces Tecum

Mode of Discovery Means of compelling production of evidence
Limited to all parties May be directed to any person, whether a party
or not
Issued upon motion with notice to adverse party May be issued ex-parte

Rule 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Please read the codal provisions well.

Rule 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY

Q: What are the legal consequences of a plaintiff’s refusal to make discovery?

A: 1) The examining party may complete the examination on the other matters or adjourn the
same
2) Thereafter, on reasonable notice to all persons affected thereby, he may apply to the
court of the province where the deposition is being taken for an order compelling answer.
3) If the court finds that the refusal was without substantial justification, it may order the
refusing party or the attorney advising him or both of them to pay the examining party the amount
of reasonable attorney’s fees.
4) The refusal to answer may be considered as contempt of court.
5) The court may order that the facts sought to be established by the examining party shall
be taken to be established for the purpose of the action in accordance with the claim of the party
obtaining the order.
6) The court may issue an order refusing to allow the disobedient party to support or oppose
designated claims or defenses or prohibiting him from introducing in evidence designated
documents or things or items of testimony
7) The court may order the striking out of the pleadings or the party thereof
8) The court may stay further proceedings until the order is obeyed.
9) The court may dismiss the action or proceeding or any party thereof, or render judgment
by default against the disobedient party
10) The court may order the arrest of any party or agent of a party for disobeying its orders,
except an order to submit a physical or mental examination.
11) The court may require a party who refuses to admit the truth of any matter of fact or
the genuineness of any document to pay the party who made the request and who proves the truth
of any such matters or the genuineness of such document, reasonable expenses incurred in making
such proof, including reasonable attorney’s fees.