LOCAL Required right sought to

by the be enforced.
Chapter I. Preliminary Consideration rules to be Binding The whole The person Not only the
instituted against: world person
I. Definition of Terms in a involved but
any other
particular
person who
II. Doctrines. Rules and principles in Civil place in claims any
the interest in
Procedure absence of the property
any or right
III. General Principles agreement subject of
to the the suit
Examples: Cadastral, Recovery of Foreclosure,
contrary
Land damages, Partition,
TRANSITORY Venue is
26. Classification of actions according to their dependent Registration, Specific Attachment
or any other
Probate performance,
purpose: generally
Rescission of
action the
upon the purpose of
A. As to its subject: determination of venue residence contracts which is to
of the exclude the
REAL (s1r4) Affecting Accion defendant’s
title to or reindivicatoria parties
interest over
possession regardless the property
or interest of where
in a Real the action
property1 arose
PERSONAL Not 1. Recovery of
(s2r4) founded personal
property
upon the
2. Enforcement B. As to its purpose: service of summons and IV Jurisdiction in General
privity of of contract
acquisition of jurisdiction 1. Origin of the term Jurisdiction
real rights 3. Recovery of
or real damages IN REM IN PERSONAM QUASI-IN- 2. Meaning of Jurisdiction
property (jurisdiction over REM
MIXED Plaintiff Accion the person 3. Jurisdiction can be obtained in any stage of the proceedings even
joins two publiciana necessary) if not raised in an ANSWER or MOTION TO DISMISS?
or more with damages Against: the thing the person the person
causes of Purpose: To bar To establish To bar and 4. What is the Residual power/jurisdiction of the court?
actions indifferently personal liability; bind
based on all who might 5. What is the doctrine of primary jurisdiction?
the same be minded to to establish a
act. One is make any claim against the 6. What is the doctrine of non-interference/judicial stability
real, one is objection perso
personal against the 7. Lack of jurisdiction should be raised at the earliest opportunity

1
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an
immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by
the owner of the immovable in such a manner that it reveals the intention to attach them permanently to
the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and which tend directly to
meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their
owner has placed them or preserves them with the intention to have them permanently attached to the
land, and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
1
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either
running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a
fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)
8. Lack of jurisdiction over the subject matter may be raised at any ii. no conciliation or settlement has
stage of the proceedings Chapter II. Constitutional provisions
been reached
9. Laches defined: it must clearly present in order to bar the issue of relative to civil procedure iii. As certified by the Lupon
lack of jurisdiction
Secretary AS ATTESTED TO by the
10. What is the doctrine of “estopppel by laches or “equitable
estoppel”?
Chapter III. Stages in Civil procedure LUPON or PANGKAT CHAIRMAN
I. Flow chart in ordinary civil action (Pages 139-141) b. Or the settlement has been repudiated
11. Payment of Filiing/Docket fees Jurisdictional by the parties
12. Ruling in Manchester case relaxed by the supreme court: Unpaid
legal fees considered as a lien on the judgment
Chapter IV. Proceedings or remedies Guidelines on the Katarungang Pambarangay Conciliation
before the commencement of an action proceedings pursuant to Admn Circ No. 14-93:
13. Doctrine of exhaustion of administrative remedies
I. Barangay law (Sec 399-422, RA 7160) 1. All disputes are subject to Barangay Conciliation
Referral of the case to the barangay fo r 2. Prior recourse thereto is a pre-condition before
A. Manner of Acquiring Jurisdiction by the Court conciliation and mediation (7160) and the filing a complaint in court or any government
a.) Jurisdiction over the subject matter issuance of Barangay protection order (RA 9262) office.
3. Judges have duty to determine if there is
b.) Jurisdiction over the parties 1. Purpose of Barangay law compliance with Barangay Conciliation procedure
c.) Jurisdiction over the issues of the case 1. Reduce the number of court litigations before judicial actions can be conducted.
d.) Jurisdiction over the case 2. Prevent the deterioration of the quality of justice a. Pleadings must be carefully read and
e.) Jurisdiction over the Res which has been brought about by indiscriminate scrutinized
filing of cases in courts b. Determine whether the certification to
file action attached to the records of the
B. Kinds of Jurisdiction 2. General Rule on Referral to the Barangay (Sec 412
case comply with the requirements of the
1. Jurisdiction is lodged with the court not with the Judge (a) )
law
1. No complaint, petition, action, or proceedings
2. Allegations in the complaint determine jurisdiction
involving any matter
3. What are the classifications of Jurisdiction? 2. Within the authority of the Lupon
Confrontation with the Lupon
3. Shall be filed for adjudication:
V. Basic concept of Venue Chairman (BRGY CAPT) for amicable
a. In court
settlement is considered substantial
VI. Basic concept of institution of Civil Action b. In any other government office
compliance with the law on Barangay
VII. Liberal construction of the rules (sec 6, Rule 4. Unless:
even if no pangkat was constituted
a. There has been between the parties a
1) (Lumbuan v Ronquillo)
confrontation
i. before the Lupon or Chairman of
the pangkat, and
2
 c. Delivery of personal property WORKPLACE Where workplace is
d. Support pendente lite DISPUTES (among Situated
3. Exceptions to the rule on referral of the case to the 11. Barred by statute of limitations workers)
Barangay SCHOOL DISPUTES Where school is
A. Under Sec. 408 Under Admn. Circ. No 14-93 (including 3, 4, 5, 8-11) (among students) situated

1. Government is one of the parties 12. To prevent injustice from being committed or
2. Public officer or employee is one of the parties further continued
and the dispute relates to the performance of his a. Detained
Actual residency necessary in order for
official functions b. Habeas corpus
lupon to acquire jurisdiction (Pascual v
3. Imprisonment exceeding one year Pascual)
Other exceptions
4. Fine exceeding P5,000
5. No private offended party 13. Labor cases
6. Real properties located in different cities or 14. Indigenous cultural community cases
municipalities are involved 15. Comprehensive Agrarian Reform cases
a. Except: 16. Juridical persons are involved 5. PROCEDURE
i. Barangay units adjoin each other a. Estate proceedings (Vda. De Borromeo v Who may initiate an action before the Barangay?
ii. Parties agree to submit their Pogoy)
1. Any individual, who:
differences to amicable
4. Venue of Barangay proceedings (Sec 409) a. Payed the appropriated filing fee
settlement by an appropriate
Where will be the venue of Barangay conciliation? b. Has a cause of action against another
lupon
c. Involving any matter within the authority
7. Other classes of dispute RESIDENTS OF THE Where they are of the Lupon
a. Determined by the president in the SAME BARANGAY situated 2. My complain to the Lupon Chairman of the
interest of justice NOT RESIDEDENTS At the election of the Barangay:
b. Upon the recommendation of the OF SAME BARANGAY complainant, where
a. Orally
Secretary of justice the respondent or
b. In writing
any of the
B. Under Sec. 412 (b) respondents actually What are the duties of the lupon chairman upon the
8. Detained accused reside receipt of the complaint?
9. Deprived of personal liberty calling for habeas REAL PROPERTY OR Where Real property
ANY INTEREST is situated 1. Summon the respondents
corpus proceedings
THEREIN 2. Seat a date for the constitution of the pangkat IF
10. Provisional remedies are involved, such as
a. Preliminary injunction he fails in his mediation effort within 15 days
b. Attachment from the first meeting of the before him
3
 PRESCRIPTIVE PERIODS
The prescriptive periods for offenses and cause of action
are INTERRUPTED (MAX 60 days) upon filing of the
complaint before the Punong Barangay
The period resumes, upon receipt of the
complainant:
1. Of the complaint, or
2. The certificate or repudiation
3. Or the Certificate to file action
a. Issued by the Lupon or pangkat
secretary
THE PANGKAT
Duties of the pangkat:
1. Convene not later than 3 days from constitution
on the day and hour set by the Chairman
2. Hear both parties and witnesses
3. Simplify issues
4. Explore all possibilities for amicable settlement
Powers of the pangkat:
1. Issue summons
2. Resolve by affirmative vote of the majority any
disqualification moved by a party by reason of
6. Personal appearance in Barangay proceedings
relationship, bias or interest
required: Exceptions (Section 415)
15 days: time frame within which the pangkat should
Who may appear:
arrive at a settlement
Requirements for the issuance of a certificate to file
action:
1. Issued by the LUPON Secretary and attested by
the Lupon Chairman, certifying that:
a. Repudiated is the settlement
2. Issued by the PANGKAT Secretary and attested
by the Pangkat Chairman
a. No settlement has been reached despite
confrontation
b. No confrontation took place
3. Issued by the PUNONG BARANGAY, as requested
by the property party
a. On the ground of failure to obey
summons or to appear for hearing
b. On the ground of failure of settlement
i. Involving Indigenous cultural
community cases
ii. Which was settled according to
their customs and traditions
iii. Where one or more of the parties
mutually agreed to submit their
dispute to the indigenous system
of amicable settlement
iv. And there has been no
settlement as certified by the
DATU or tribal leader or elder to
the Punong Barangay of the place
of settlement
1. Parties
2. Without the assistance of counsel or
representative
4
a. Except for minors and incompetents
b. Who may be assisted by their next-of-kin
who are not lawyers
Personal appearance of parties in the conciliation
proceedings required: Rationale: Prohibition on lawyers.
Atty Magno v Atty. Jacoba:
1. To enable the lupon to secure first hand and
direct information about the facts and issues
2. The presence of lawyers can obfuscate and
confuse the issues
3. Lawyers may use their analytical skills and legal
knowledge to prolong instead of expedite the
settlement of the case
7. Actions of the court in case of non-compliance
with the conciliation proceedings (Admn. Circ 14-93)
1. Motu proprio:
a. Refer the case to the appropriate
Barangay authority
2. Upon Motion
a. Dismiss:
i. Failure to state cause of action
ii. Prematurity
3. Upon petition:
a. Suspend the case
8. Effect of non-referral of the case with the
Barangay: Complaint shall be dismissed
Agbayani v CA: the complaint shall be dismissed for failure to state a
cause of action when both of the parties are resident of the same
barangay and the incident happened at their workplace.
The compulsory process is a pre-condition for the filing of the
complaint in court
Also, if the complaint
1. Did not allege prior availment of conciliation process
2. Did not state it is one of the excepted cases
3. Did not have a certification that no conciliation has been
reached
The case should be dismissed.
Remanding the case by the court to
the barangay for conciliation cured
the defect. (Pe-tan v Tong)
9. What is the effect if the party failed to raise the
issue of lack of Barangay conciliation?
- Waived if not raised seasonably in a MTD
10. Nature and effect of Amicable settlement and
Arbitration award (sec 416)
 Nature:
o GR: Has the force and effect of a final
judgment of a court upon the expiration
of 10 days from the date thereof
o EXPN:
 Repudiation of the settlement
has been made
 Petition to nullify the award has
been filed before the proper city
of municipal court
Non-applicability of Sec 416: Approval of the compromise i. “A compromise has upon the
agreement by the court parties the effect and authority
of res judicata; but there shall no
 Section 408: “ xxx The court in which non-criminal cases not
falling within the authority of the lupon under this Code are execution except in compliance
filed may, at any time before trial motu propio refer the case with a judicial compromise”
to the lupon concerned for amicable settlement.” b. Sec 417, LGC:
 This writer thinks that when a court refers a case i. “Section 417. Execution. - The
to a Lupon, in which the latter was not been amicable settlement or
vested by law jurisdiction over the same, any arbitration award may be
settlement or award relating thereto will not be enforced by execution by the
automatically effective until the lupon or pangkat lupon within six (6) months from
chairman submits it to the same court and the the date of the settlement. After
latter approves it. the lapse of such time, the
settlement may be enforced by
Grounds for repudiation of amicable settlement within the
action in the appropriate city or
10-day period (VIDAL v ESCUETA)
municipal court.”
Consent is vitiated by 2. Remedies:
a. Force Basis: LGC and KB Implementing rules
a. Quasi-judicial/summary in nature:
b. Violence
i. Punong Barangay is called upon
c. Intimidation
to determine solely the fact of
Requirement of earnest efforts towards amicable non-compliance with the terms
settlement between members of the same family under of the settlement and to give the
Art 151 of the FC is deemed complied with upon the filing defaulting party another chance
of the complaint before the Lupon (MARTINEZ V to voluntarily comply with his
MARTINEZ) obligation
b. Judicial:
i. Rules of court; the cause of
Amicable settlement has the force and effect of final action is the amicable settlement
judgment/res judicata even not judicially approved: itself, which by operation of law,
REMEDIES FOR ENFORCEMENT (MIGUEL V MONTANEZ) has the force and effect of final
judgment
1. Basis:
a. Art 2037, NCC:
5
LAW ON BARANGAY IN RELATION TO SMALL CLAIMS
CASES
What is the remedy in case of enforcement of barangay
amicable settlement or an arbitration award involving a
money claim? If the money claim does not exceed
P300,000, file a small claims case before MTC/MTCC
Basis:
1. Section 4, Rule on Small claims cases (08-8-7-SC),
in relation to
2. Section 417 of the Local Government code (RA
7160)
11. Execution of amicable settlement or Arbitration
award (Sec 417)
VIDAL V ESCUETA: In light of the foregoing considerations,
the time line in Section 417 should be construed to mean
that if the obligation in the settlement to be enforced is
due and demandable on the date of the settlement, the
six-month period should be counted from the date of the
settlement; otherwise, if the obligation to be enforced is
due and demandable on a date other than the date of the
settlement, the six-month period should be counted from
the date the obligation becomes due and demandable.
Where can an amicable settlement or arbitration award
be enforced?
1. Through the Lupon within 6 months from the
date of settlement
2. After 6 months, in the city or municipal court
Execution of amicable settlement within 6 months from
execution before filing of the action to the court: EFFECT?
– FINAL JUDGMENT OF A COURT
What are the duties of the Lupon Secretary as regards the
amicable settlement? Enforcement of amicable
settlement.
1. To transmit the settlement to the appropriate
city or municipal court within the time frame
under Section 418 (10 days)
2. To furnish the parties and the Lupon chairman
with the copies thereof
3. To enforce the execution through the Punong
Barangay within 6 months if not repudiated
12. Repudiation of settlement
How made:
1. Within 10 days from the date of the settlement
2. File with the lupon chairman a statement to that
effect sworn to before him where his consent is
vitiated by:
a) Fraud
6
b) Violence
c) Intimidation
Effect of Filing the repudiation: Sufficient basis for the
issuance of Certificate to File Action
Remedies in case of repudiation of amicable settlement:
Amicable settlement deemed rescinded even without
court intervention
If one party repudiated by one party expressly or
impliedly:
1. Enforce the compromise pursuant to LGC or ROC
2. To consider the compromise rescinded and insist
upon his original demand
a. Basis:
i. Article 2037, NCC. A compromise
has upon the parties the effect
and authority of res judicata; but
there shall be no execution except
in compliance with a judicial
compromise.
ii. Article 2041, NCC. If one of the
parties fails or refuses to abide by
the compromise, the other party
may either enforce the
compromise or regard it as
rescinded and insist upon his
original demand. (n)
iii. Lenor v sycip: Art 2041 does not
require an action for rescission
and the aggrieved party, by
breach of compromise
 agreement, may just consider it
already rescinded
LAW ON BARANGAY CONCOLIATION IN RELATION TO
RULE 16 MTD
13. Non-compliance with Barangay Conciliation a
ground for a MTD
1. Sec 1. (j), Rule 16: Condition precedent
2. Berba v Pablo: Failure to exhaust administrative
remedies
Nature of dismissal: without prejudice
Referral to the barangay for conciliation a condition
precedent: Must be alleged otherwise the case will be
dismissed
Lack of Barangay conciliation must be raised in MTD,
otherwise, waived
What is the remedy of the plaintiff/claiming party?
1. If the court dismissed his claim for non-
compliance with the requirements of Brgy
conciliation:
a. Comply with the requirements
b. BEFORE THE FINALITY OF THE ORDER OF
DISMISSAL:
i. File a MOTION TO REVIVE the
case
c. AFTER THE DISMISSAL BECOMES FINAL
AND EXECUTORY:
i. RE-FILE the case
2. IF the court dismissed his claim for pre-maturity
because some parties are not impleaded:
a. File a new complaint before the barangay
now impleading the proper parties (heirs
for example)
LAW ON BARANGAY CONCILIATION IN RELATION TO
THE RULES ON SUMMARY PROCEDURE
1. Section 18
a. Non-compliance with Lupon referral:
i. Dismissed without prejudice
ii. May only be revived after
complying
iii. Does not apply to criminal cases
involving warrantless arrests
b. What is the remedy in case of dismissal?
i. Revival by motion within the 15-
day period from notice AFTER
complying
ii. Comply and re-file
2. Section 4 -
a. MOTU PROPRIO DISMISSAL FOR FAILURE
TO COMPLY
b. “outright dismissal on any grounds
apparent therefrom for the dismissal of a
civil action)
II. ADVERSE CLAIM
1. What is an adverse claim? – A claim adverse to the title
of the registered owner
2. Who is an adverse claimant? – One who claims any
right or interest in registered land adverse to the
7
registered owner arising subsequent to original
registration
3. What is the main objective of adverse claim?
(1) Notice to the whole world that the claimant has a
specified interest in the land described in the
title,
(2) and it forbids the registration of any instrument
affecting the title, unless such registration be
expressly subject to the specified claim of the
adverse claimant or caveator
4. Purpose of adverse claim
(1) To protect the interest of the person over a piece
of real property
(2) Serves as warning to third parties dealing with
said property that someone is claiming an
interest on the same or a better right than the
registered owner
5. Characteristics of adverse claim:
(1) Adverse to the registered owner
(2) Arises after original registration
(3) Cannot be registered under any other provision
of the Land Registration Act
6. Filing of the adverse claim (Sec 110, Act no. 496 or the
Property Registration Act)
(1) Who may file?
a. Whoever claims any right or interest in
registered land adverse to the registered
owner
(2) Formal requisites of an adverse claim:
 a. The adverse claimant must state the
following in writing:
i. His alleged right or interest
ii. How and under whom such
alleged right or interest is
acquired
iii. Description of the land
iv. Certificate of title number
b. Signed and sworn to
c. Residence or place where all notices may
be served shall be stated
(3) Annotation of adverse claim is a notice to the
subsequent buyer in case of double sale (GABRIN
V CA)
(4) Adverse claim prevails over notice of levy on
execution (ERDI V DESIDERIO)
(5) Duty of the court in case of question as to its
validity
a. Grant a speedy hearing
i. Enter such decree as justice and
equity may require
ii. Cancel the registration If the
claim is adjudged to be invalid
iii. Tax the adverse claimant double
or treble costs in its discretion if
in any case the court after notice
and hearing shall find that a claim
registered was frivolous or
vexatious
7. Requirements for the registration and cancellation of
adverse claim under Sec 70, PD 1529 (Property
Registration Decree)
(1) Same as #6
(2) What is the period of effectivity of adverse claim?
a. 30 days from the date of registration
(3) Can there be a filing of a second adverse claim?
a. No. After cancellation, no second adverse
claim
i. based on the same ground shall
be registered
ii. by the same claimant
(4) What is the remedy before the lapse of the 30
days period effectivity of the adverse claim?
a. ANY INTERESTED PARTY:
i. Filing with RTC where the land is
situated for the cancellation of
the adverse claim
b. CLAIMANT (who sought for the notice)
i. Withdraw the adverse claim by
filing with the RD a sworn
petition to that effect
(5) What are the effects if the adverse claim is
declared invalid?
a. The registration shall be ordered
cancelled
b. Fining by the court against the claimant
the amount not less than P1,000 nor
P5,000 in its discretion if frivolous
(6) Contingent, expectant and inchoate hereditary
rights are examples of frivolous adverse claim
(DIAZ V DIAZ)
(7) Land registration court cannot rule on the
declaration of nullity of deed of sale in a petition
for cancellation of adverse claim
8
III. Voluntary arbitration of Alternative dispute
resolution
IV. DEPOSITION BEFORE ACTION (Sec 1, Rule 24)
How can deposition before action be commenced?
(1) Any person
a. Who desires to perpetuate his OWN
testimony
b. Or that of another person
(2) May file a petition regarding
a. Any matter that may be cognizable in any
court of the Philippines
b. In the court of the place of residence of
any expected adverse party
Contents of the position (Sec 2)
1. That petitioner expects to be a party to an action
in a court of the Philippines
a. but is presently unable to bring it or
cause it to be brought
2. The subject matter of the expected action and his
interest therein
3. The Facts which he desires to establish by the
proposed testimony and his reasons for desiring
to perpetuate it
4. The names or a description of the persons he
expects will be adverse parties and their
addresses so far as known
5. Names and addresses of the persons to be
examined
a. And the substance of the testimony
which he expects to elicit from each
 b. And shall ask for an order authorizing the g) Probability parentage – Numerical estimate for c. The existence of other factors, which
petitioner to take depositions of the the likelihood of parentage of a putative parents potentially affecting the accuracy or
persons to be examined named in the compared with the probability of a random integrity of the DNA testing
petition match of two individuals in a given population

V. DNA Evidence/Testing (AM No 06-11-5-SC) 3. Application for DNA testing (sec 4)

3. Can DNA testing be done without a court order or
1. Application of the Rules of court and Rules of evidence
1. HOW TO APPLY FOR A DNA TESTING ORDER? before the filing of a case in court?
in all matters not specifically covered (Sec 2)
a. The court
Yes, as expressly provided:
2. Definition of terms (sec 3) i. Motu proprio or
ii. On motion of any person who has “This rule shall not preclude a DNA testing,
a) Biological sample – organic material
a legal interest without a need of a prior court order, at the behest of
b) DNA – deoxyribonucleic acid; unique in every
b. Order a DNA testing any party, including law enforcement agencies, before a
individual; fundamental building block of a
2. What are the requirements for before the suit or proceeding is commenced”
person’s entire genetic make-up
promulgation of the DNA testing order after due
c) DNA Evidence – totality of DONA profiles, results
hearing?
and other genetic information directly generated
from DNA testing of biological samples a. A biological sample exists that is relevant
to the case
Chapter V. Pleadings, Motions, and
d) DNA Profile – biological sample clearly
originating from a person i. Not previously subjected to the Service
e) DNA Testing – Credible scientific methods type of DNA testing now 9 major parts which are essential before the
a. Generation of DNA profiles requested commencement of a civil action
b. Comparison of the information obtained ii. Previously subjected to DNA
testing but the results may 1. Rules on pleadings as well as pleadings allowed in
from the DNA testing of biological sample
require confirmation for good different kinds of proceedings as provided for by
c. Purpose: To determine, with reasonable
reasons other rules of procedure promulgated by the SC
certainty, whether or not the DNA
b. DNA testing: 2. Basic concepts on jurisdiction, parties and venue
obtained from the same person (direct
i. uses a scientifically valid (Rule 3 and 4)
identification) or if the biological samples
technique 3. Parts and preparation of pleadings (Rule 7)
originate from related persons (kinship
ii. Has the scientific potential to 4. Manner of making allegations in the pleading
analysis)
produce new information that is (Rule 8)
f) DNA Analysis – Procedure in which DNA
relevant to the proper resolution 5. Provisional remedies (Rules 57-61)
extracted from a biological sample obtained from
of the case 6. Motions and requirements (Rule 15)
an individual is examined
7. Efficient use of paper rule (11-9-4-SC)
8. Service of pleadings, motions (Rule 13)
9
 9. Revised 2016 rules on Small Claims Cases Payment of docket and Not required d.
Continuing
other lawful fees are mandamus
I. PLEADINGS IN GENERAL required (r141) 14. Comment/opposition
1. Original complaint 1. Answer to the to
A. Pleadings a. Spec Civ
2. Permissive original complaint
 What is a pleading? counter-claim 2. Answer to the b. Spec Pro
1. Written statements of the respective 3. Cross-claim permissive counter-
claims and defenses of the parties 4. Third-party claim
submitted to the court for appropriate complaint 3. Answer to the cross- COMPLAINT
5. Fourth-party claim  Definition: A pleading alleging the plaintiff’s
judgment (s1r6)
complaint 4. Answer to the third-
 Is a motion a pleading (2006 bar) 6. Complaint in party complaint
cause/s of action (s3r6)
1. No. A motion is not a pleading as it is an intervention 5. Answer to the  Matters stated in the complaint
application for relief OTHER THAN by a 7. Petitions fourth-party 1. Names and residences of the plaintiff and
pleading (s1r15) a. Spec Civ complaint defendant
 Pleadings allowed by the Rules (1996 bar) b. Spec Pro 6. Answer to the 2. Acts or omission constitution the cause or
8. Statement of Complaint-in-
1. Complaint causes of action
claims under Rules intervention
2. Counter-claim on Small claims 7. Answer to the 3. Relief prayed for
3. Cross-claim amended pleading  What must be alleged in the complaint? Only
4. Third/fourth party complaint 8. Answer to the ultimate facts and not
5. Complaint in intervention supplemental 1. Legal conclusions or
pleading 2. Evidentiary matters
6. Answer
9. Reply to all the
7. Reply answers COUNTER-CLAIMS
 Kinds of pleadings 10. Compulsory counter-
claim COMPULSORY PERMISSIVE
INITIATORY RESPONSIVE 11. Answer to a Basis S7R6 ALBA V MAlAPAJO
(commences an action) compulsory counter- Definition 1. Arises out of or is 1. Does not arise
Commences an action Response to the adverse connected with the out of or not
claim in summary
containing plaintiff’s party’s pleading transaction or necessarily
proceedings occurrence connected with
cause or causes of 12. Response in small constituting the the subject matter
action claims case subject matter of of the opposing
Required to be verified Not required to be 13. Response in petition the opposing party’s party’s claim
verified unless the law for writs: claim 2. Independent
requires a. Amparo 2. Does not require claim that may be
Certificate of non- Unnecessary unless b. Data for its adjudication filed in another
forum shopping accompanied by counter- c. Kalikasan the presence of third case
claim or cross-claim parties of whom the

10
 court cannot acquire CROSS-CLAIM 3. PLAINTIFF’S CLAIM against the original
jurisdiction
 Definition: any claim by one party against a co- defendant shall be the basis of #2
Requisites 1. Must be within
the jurisdiction of party arising out of the transaction or occurrence 4. TRANSFER OF LIABILITY is the goal of the
the court: that is the subject matter either of the original original defendant against the third-party
1. As to defendant
the action or of a counter-claim therin
amount  COUNTER-CROSS CLAIM (S9R6): a claim by the
2. As to
COMPLAINT-IN-INTERVENTION (s1r19)
defending party against the original cross-
the nature Definition:
2. Except in an
claimant
original action 1. Pleading filed before the court
before RTC where BRINGING IN OF NEW PARTIES (S12R6)
2. With leave of court
amount it can be
filed regardless of Rule 3. By a person who has legal interest over the:
the amount a. Subject matter in litigation
1. When the presences of parties other than those b. Success of the plaintiff or defendant or
to the original action both
 Test to determine whether a counterclaim is 2. Is required for a complete relief in the c. Is so situated as to be adversely affected
compulsory or permissive (ALBA V MALAPAJO) determination of a by a distribution or other disposition of
1. Are the issues of fact and law raised by a. Counter-claim or property in the custody of the court or an
the claim and by the counter-claim b. Cross-claim officer thereof
largely same? 3. The court shall order them to be brought in as
2. Would res judicata bar a subsequent suit defendants INTERPLEADER (S1R62)
on defendant’s claims, absent the a. If jurisdiction over them can be obtained Definition:
compulsory CC rule?
3. Will substantially the same evidence THIRD/FOURTH PARTY COMPLAINT (S11R6) 1. a remedy whereby a person
support or refute plaintiff’s claim as well Claim filed by a defending party against a person a. who has property whether personal or
as defendant’s counter-claim? not a party to the action for CISA real, in his possession
4. Is there any logical relation between the Nature: Not mandatory: secondary or derivative b. or an obligation to render wholly or
claim and the counter-claim? liablity (PHILTRANCO V PARAS) partially,
5. IF YES TO ALL, COMPULSORY Requisites (ibid): 2. without claiming any right in both,
 COUNTER-COUNTER CLAIM – claim by the 1. NOT YET part of the action is the party to 3. or claims an interest which in whole or in part is
defending party against the counter-claimant be impleaded not disputed by the conflicting claimants,
1. May be permissive of compulsory 2. MUST BELONG to the original defendant 4. comes to court and ask the persons who claim the
– the claim against the third party property or who consider themselves entitled to
demand compliance with the obligations,

11
 5. be required to litigate among themselves, in order 1. Defenses 1. Certiorari, Mandamus, prohibition against any
to determine finally who is entitled to the 2. Counterclaims interlocutory order
property or payment of the obligation 3. Cross-claims 2. Reply
4. Defenses that the third party plaintiff may have 3. Third party complaint
WHEN PROPER:
against the original plaintiff’s claim. He may also 4. Intervention
1. There are two or more conflicting claimants assert a counter claim against the original plaintiff
SMALL CLAIMS (08-8-7-SC)
2. Plaintiff files the action to compel the conflicting
LIMITATIONS ON THE FILING OF PLEADINGS IN CRIMINAL,
claimants to interplead and litigate their several Allowed pleadings:
CIVIL CASES, SPECPRO AND LAND REGISTRATION CASES
claims among themselves
UNDER AM. NO. 11-6-10-SC: Guidelines for litigation in 1. Statement of claims
3. That the conflicting claims is upon the same
QC Trial Courts 2. Response
subject matter which are or may be made against
a person who claims no interest whatever in the 3. Permissive counterclaim
Pleadings allowed:
subject matter 4. Compulsory counterclaim
4. An interest which in whole or in party is not 1. Complaint
Prohibited pleadings:
disputed by the claimants 2. Answer
3. Reply 1. Certiorari, Mandamus, prohibition against any
COUNTER-CLAIM, CROSS-CLAIM AND THIRD PARTY interlocutory order
COMPLAINT ARE AVAIALBLE IN AN ACTION FOR May be filed after the reply:
2. Reply
INTERPLEADER (S5R62) 1. Any subsequent pleading provided WITH LEAVE 3. Third party complaint
ANSWER (S4R6) 2. Max 40 pages, double-spaced, Font 14 4. Intervention
A pleading in which a defending party set forth his SUMMARY PROCEEDINGS AMPARO AND HABEAS DATA
defenses
Pleadings which are allowed under the Rules on Summary Prohibited pleadings:
REPLY (s10r6) proceeding
A pleading, the office or function of which is to deny or 1. Counter-claim
allege facts in denial or avoidance or new matters alleged 1. Complaint 2. Cross-claim
by way of defense in the answer and thereby join or 2. Compulsory CC in the answer 3. Third party complaint
make issue as to such new matters 3. Cross claims in the answer 4. Reply
4. Answers to: 5. Pleadings-in-intervention
Effect of failure to file: all new matters alleged in the a. Complaint
answer are deemed controverted b. Compulsory CC ENVIRONMENTAL CASES (09-6-8-SC)
c. Cross claim Pleadings and motions allowed:
ANSWER TO THIRT PARTY COMPLAINT (s13r6)
Matters can be raised Prohibited pleadings: 1. Pleadings:
12
 a. Complaint 5. Foreign corporations, even if not 1. Individual
b. Answer which may include Counterclaim engaged in trade or business in 2. Corporation
2. Motions the Philippines, and even if not 3. Partnership
a. Motion for intervention licensed to do business, may 4. Limited liability partnership
b. Motion for discovery bring CIVIL or ADMINISTRATIVE 5. Association
c. M4r of a judgment actions under Sec 160 of the IP
d. HIGHLY MERITORIOUS CASES: CODE: “PLAINTIFF” under “SMALL CLAIMS”
i. Motion for postponement,  Opposition 1. Party who initiated a small claims action
ii. new trial and  Cancellgation 2. Defendant who filed a counter-claim against
iii. petition for relief  Infringement plaintiff.
 Unfair competition
Prohibited pleading and motions:
 False designation of “DEFENDANT” under “SMALL CLAIMS”
1. Motion to dismiss origin
1. Party against whom the plaintiff filed a small
2. Motion for bill of particulars  False description claims action
3. Motion for extension of time to file pleadings,
WHO ARE INCLUDED IN THE TERM “PLAINTIFF”? 2. Plaintiff against whom defendant has filed a
except to file answer (max 15)
claim or
4. Motion to declare defendant in default
1. Claiming party 3. a person who replies to the claim
5. Reply and rejoinder
2. Counter-claimant
6. Third-party complaint CLASSIFICATION OF PARTIES
3. Cross-Claimant
REAL PARTY IN INDISPENSABLE NECESSARY PARTY REPRESENTATIVE
B. CAUSE OF ACTION (RULE 2) 4. Third/fourth/etc claimant INTEREST PARTY PARTY
Section 2 Section 7 Section 8 Section 3
5. Plaintiff-intervenor
C. PARTIES IN GENERAL (RULE 3) One who One who is One who is Someone
stands to be not not acting in a
S1,R3 – Who may be parties; plaintiff and defendant WHO ARE COVERED IN THE TERM “DEFENDANT”? benefited or indispensable indispensable fiduciary
injured by but who but who is capacity
Who may be parties in a Civil Action? 1. Original defending party the ought to be ought to be
judgement joined as a joined as a
1. Natural Persons 2. Defendant in a counter-claim of the suit or party is party if
2. Juridical person 3. Cross-defendant the party complete complete
entitled to relief is to be relief is to be
3. Entities authorized by law 4. Third/fourth party defendant the avails of accorded as accorded as
1. State and its political subdivisions the suit to those to those
already already
2. Labor organizations parties, or for parties, or for
3. Partnerships by estoppel Section 4, A.M. No. 08-8-7-SC (Small claims) a complete a complete
determination determination
4. Corporation by estoppel or settlement or settlement
“PERSON” under SMALL CLAIMS (08-8-7-SC)
of the claim of claim

13
 subject of the subject of the REAL-PARTIES IN INTEREST IN ENVIRONMENTAL CASES S5r16 Rules on Summary:
action action
(Sec 4, 09-6-08)
1. Within 10 days
1. Any real-party in interest 2. Defendant may file his answer to the complaint
1. Real party in interest (s2r3) –
2. Government 3. And Serve a copy thereof on the plaintiff
One who stands to be benefited or injured by the
3. Juridical entities authorized by law 4. Affirmative and negative defenses not pleaded
judgement of the suit or the party entitled to the avails of
therein shall be deemed waived except for lack of
the suit
REAL-PARTY IN INTEREST IN CITIZEN’S SUIT IN jurisdiction over the subject matter
One who may prosecute or defend a civil action ENVIRONMENTAL CASES
REMEDIES OF PLAINTIFF:
“INTEREST” - material interest; an interest in the issue 1. Any Filipino citizen in representation of others
2. Including minors or generations yet unborn MTD WAS FILED ON DISMISSAL DUE TO
and to be affected by the decree (REPUBLIC V LIM)
THE GROUND OF FAILURE TO STATE
REAL, ACTUAL, MATERIAL OR SUBSTANTIAL INTEREST IS CIVIL FORFEITURE PROCEEDINGS (AM. NO. 05-11-04) FAILURE TO STATE CAUSE OF ACTION
REQUIRED (MAYOR DAGADAG V TONGAWA) CAUSE OF ACTION:
1. The Republic of the Philippines Amendment of the Refile the case
TEST TO DETEMINE INTEREST OF A PARTY: Whether a a. Through the Anti-Money laundering complaint as a (s5r16)
party has alleged such a personal stake in the outcome of council matter of right
the controversy as to assure the concrete adverseness i. Represented by OSG (s2r10)
which sharpens the presentation of issues upon which
the court so largely depends for illumination of different WHAT IS THE EFFECT IF THE ACTION WAS PROSECUTED
BY A PERSON NOT A REAL PARTY IN INTEREST? 2. Representative parties (s3r3)
constitutional questions (BAKER V CARR)
Who:
ORDINARY SMALL SUMMARY o Someone acting in a fiduciary capacity
CLAIMS (8-8- 1. A trustee of an express trust
7) 2. Guardian
PARTY-IN-INTEREST UNDER RULE 45: Ground for Ground for Ground for 3. Executor or administrator
ORIGINAL PARTY (CITY GOV OF MTD, Motu proprio motu proprio 4. A party authorized by law or the
TUGUEGARAO V TING) s1(g)r16 dismissal (sec dismissal (sec rules
11) 4)
5. An agent acting in his own name
and for the benefit of an
ENVIRONMENTAL CASES REMEDIES undisclosed principal (may sue or
be sued without joining the
principal except when the

REMEDY OF DEFENDANT IN CASE A MTD IS PROHIBITED:

14
 contract involves things b. The court may make such orders as may Failure to implead any indispensable party WILL
belonging to the principal) be just to prevent any plaintiff or NOT RESULT in OUTRIGHT DISMISAL (LBP V
Effect: defendant from being embarrassed or CACAYURAN)
o The beneficiary shall be included in the put to expense in connection with any o REMEDY: IMPLEAD
title of the case and shall be deemed to proceedings in which he may have no
 NON-COMPLIANCE WITH COURT
be real-party in interest interest.
ORDER: MOTU PROPRIO
They are not real party in interest
DISMISSAL (s3r17)
DIFFERENT REPRESENTATIVE PARTIES:
CITIZEN SUIT (9-6- SPOUSES AS MINOR OR
3. Indispensable parties (s7r3) 4. Necessary parties (s8r3)
8) PARTIES (PRO- INCOMPETENT One who is not indispensable but who ought to be joined One who is not indispensable but who is ought to be
FORMA PARTIES) PERSONS (s5r3)
s4r3
as a party is complete relief is to be accorded as to those joined as a party if complete relief is to be accorded as to
Any Filipino citizen GR: Husband and 1. Father already parties, or for a complete determination or those already parties, or for a complete determination or
Wife shall sue and 2. Mother
be sued jointly 3. Guardian
settlement of the claim subject of the action settlement of claim subject of the action
4. Guardian
EXPN: Exclusive at litem Joinder of indispensable party is compulsory 1. Effect of non-joinder (s9r3):
property Effect of non-joinder: 1. May be omitted
o PRESENCE OF INDISPENSABLE PARTY  But the pleader shall
PERMISSIVE JOINDER OF PARTIES S6R3
NECESSARY TO VEST THE COURT  set forth his name, if
JURISDICTION. The absence of an known and
1. All persons indispensable party renders all  shall state WHY is he
2. In whom or against whom any right to relief in subsequent actions of the court null and omitted
respect to or arising out of the same transaction void for want of authority to act not only 2. Court may order the inclusion of the
or series of transactions to the absent parties but even as those omitted necessary party if jurisdiction
3. Is alleged to exist present (ARCELONA V CA) over his person can be obtained
4. Whether jointly, severally or in the alternative Interest of party in the controversy or subject  If the court should find the
may matter is separable from the interest of other reason unmeritorious
5. Except otherwise provided in these rules, parties not an indispensable party (Pimentel v 3. Court may allow the omission and the
a. Join as plaintiffs or Senate Committee of the whole) proceedings shall continue if:
b. Be joined as defendants Presence of indispensable party is a sine-qua-non  The court finds the omission
6. In one complaint for the exercise of judicial power (BORLASA V justifiable or
7. Subject to the following conditions PORLISTICO)  Jurisdiction over the person of
a. Where any question of law or fact Burden to procure the indispensable party is on the party cannot be obtained
common to all such plaintiffs or to all the plaintiff TO PREVENT THE MULTIPLICITY OF even if not justifiable
such defendants may arise in the action SUITS (PALARCA V BAGISNI)
15
16
RULE IN CASE OF UNWILLING CO-PLAINTIFF (s10r3) 1. The subject matter of the controversy is ALTERNATIVE DEFENDANTS
He may be made a defendant and the reason therefore one of common and general interest to Plaintiff may join any or all the defendants in the
shall be stated in the complaint many persons alternative if he is uncertain against who of the several
2. The number of persons is numerous that persons he is entitled to relief, although a right to relief
MISJOINDER AND NON-JOINDER OF PARTIES (s11r3) it is impracticable to join all as parties against one may be inconsistent with a right to relief
Effects: 3. The parties actually before the court are against the other
1. NOT A GROUND FOR DISMISSAL sufficiently numerous and representative
2. Parties may be dropped or added by to fully protect the interests of all UNKNOWN IDENTITY OF NAME OF DEFENDANT (s14r3)
order of the court concerned Whenever the identity or name of the defendant is
1. On motion of the party 4. The representatives sue or defend for the unknown, he may be sued as:
2. Or motu proprio benefit of all
1. The unknown owner
3. At any stage of the action and
CLASS SUIT DERIVATIVE CITISZEN’S 2. Unknown heir
such terms as are just SUIT SUIT
BASIS Section 12, Corporation Section 5, Rule 3. Unknown devisee
3. Any claim against a misjoined party may
Rule 3 code 2, Part II AM. 4. By such other designation as the case may
be severed and proceeded with No 09-6-8-SC
require
separately WHO FILES By sufficient By a minority By any Filipino
number of stockholder for Citizen
Dropping of parties; remedy for joinder or parties for the and in behalf E. Parts of the pleading (rule 7)
misjoinder: (Orpiano v Tomas) benefit of all of the
A. Acts of forum shopping
corporation
1. Amend the complaint DEFINITION Filed A suit in equity An action filed Forum shopping –
2. File a motion to drop as party regarding a that is filed by by any Filipino
1. An act of malpractice that is proscribed
controversy of a minority citizen in
Refusal to comply with the order of inclusion of common or stockholder in representation and condemned as trifling with the courts
indispensable party ground for dismissal under general behalf of a of others,
and abusing their processes. It is an
interest in corporation to including
s3r17 behalf of redress wrongs minors or improper conduct that degrade the
Non-inclusion of the names of all the parties in many persons committed generations
administration of justice
so numerous against it, for not yet born,
the title of the complaint is not fatal provided as it is which the to enforce 2. Essence: Filing of multiply suits involving
there is a statement in the body indicating that impracticable directors rights and
the same parties for the same cause of
to join all as refuse to sue, obligations
such complainant/s was/were made party to such parties, a the real party- under action, either simultaneously or
action. The defect can be summarily made at any number which in-interest environmental
successively, for the purpose of obtaining
finds being the laws
stage of the action (GENATO V VIOLA) a favorable judgement, through means
sufficiently corporation
representative itself other than by appeal or certiorari
CLASS SUIT (S12R3) who may sue
and defend 3. Elements:
Elements: for the benefit 1. Identity of parties
of all

17
 2. Identity of rights asserted and
prayed for, for the latter founded
on the same facts
3. Any judgment in one action will
result to res judicate in the other
action
4. Test to determine violation of forum
shopping (YAP V CA)
1. Parties:
 Whether the elements of
litis pendentia are
present, or whether a
final judgment in one
case will amount to res
judicata in another
2. Cause of action:
 Whether the same
evidence will sustain
both actions, or
 Whether the defenses in
one case may be use to
substantiate the
complaint in the other
5. Forum shopping exists when there is
substantial identity of cases: annulment
of extra-judicial foreclosure and
injunction case (GOODLAND COMPANY V
ASIA UNITED BANK)
1. There can be no determination of
the validity of the extrajudicial
foreclosure and the propriety of
injunction in the injunction case
without necessarily ruling on the
validity of the REM, which is THE JUDGMENT OF THE COURT (ORIX
already the subject of the METRO LEASING V CARDLINE INC)
annulment case 1. Petition for review on certiorari
6. Three ways of committing forum to review the merits of the RTC’s
shopping (VILLANUEVA V CA) judgment and Petition for
1. By filing multiple cases base on prohibition, which respects the
the same cause and the same RTC’s judgment on the merits but
prayer: interprets the dispositive portion
 The previous case not in a way that would render the
having been dismissed execution unnecessary
(LITIS PENDENTIA) 11. Grounds for dismissal under rule 16:
 The previous case having (without prejudice)
been finally resolved (RES 1. (e) litis pendencia
JUDICATA) 2. (f) prior judgment
2. By filing multiple cases based on 3. Affirmative defense (if failed to
the same cause of action but with file MTD)
DIFFERENT PRAYERS, SPLITTING 12. MOTU PROPRIO DISMISSAL:
OF CAUSES OF ACTION (litis 1. ORDINARY: S1R9
pendencia or res judicatA) 2. SUMMARY: s4
7. Forum shopping exists when the 3. SMALL CLAIMS: s1, 8-8-7-SC
elements of litis pendencia or res judicata
B. Certification against forum shopping
are present
A basic, necessary and mandatory requirement
8. Forum shopping is present when the
To prevent conflicting decisions
parties avail of several judicial remedies
GROUND FOR DISMISSAL: upon motion and
9. NO FORUM SHOPPING IF TWO REMEDIES
hearing
WERE AVAILED OF FOR THE SAME ORDER
DEFECTIVE CERTIFICATE certificate uncurable;
WITH DIFFERENT OBJECTIVES (ALMA
exceptions: (NAVARRA V PEOPLE)
JOSE V JAVELLANA)
1. There is a reasonable need to relax the
10. NO FORUM SHOPPING IF ONE ACTION
rules on the ground of:
CHALLENGES THE VALIDITY OF THE
1. SUBSTANTIAL JUSTICE or
JUDGMENT AND THE OTHER
2. Presence of SPECIAL
CHALLENGES THE INTERPRETATION OF
CIRCUMSTANCES and
COMPELLING REASONS
18
  CNS one day delayed 7. 68 – Complaint for 15. Declaration of
foreclosure of nullity of marriage
(Loyola v CA) REM 16. Amparo and data
 Motion to admit 8. 69 – Complaint for 17. Petitions under
partition special rules on
verification and CNS (Uy 9. 70 – Forcible entry ADR
v Landbank) and unlawful
detainer
PLEADINGS/COMPLAINTS/PETITIONS that shall 10. 71 – Contempt
11. Kalikasan and No Certificate against forum shopping is required
have a certification
Continuing in a petition or motion for issuance of writ of
ORDINARY 1. Original complaint mandamus
SUMMARY PROCEDURE 1. Complaint for
possession (DE GUZMAN V CHICO)
2. Permissive CC
3. Cross-claim forcible entry and o It is not an initiatory pleading even if the
4. Third party unlawful detainer
2. Complaint where
motion is captioned as “PETITION”
complaint
5. Fourth party the amount does o What distinguishes a motion from a
not exceed 100k
complaint
OMM, 200k MM
petition or other pleading is not its form
6. Complaint in
intervention 3. Statement of or the title given by the party executing it
claims in Small
7. Petition
claims cases
but rather its purpose
APPEALATE COURTS 1. Rule 42 – RTC
(appellate) to CA SPECIAL PROCEEDINGS 1. Probate of will o A petition for the issuance of a writ of
2. Rule 43 – QJ 2. Intestate estate possession does not aim to initiate a new
agencies 3. Escheat
3. Rule 45 – Review 4. Trustees litigation
on certiorari 5. Guardianship of Substantial compliance
against judgment, minors and
final order or incompetents and o The only missing statement is
resolution of RTC, custody of minors respondents’ undertaking that if they
CTA, 6. Adoption and
Sandiganbayan, revocation of should thereafter learn that the same or
CA adoption similar action has been filed or is pending,
SPECIAL CIVIL ACTOINS 1. 62 - interpleader 7. Hospitalization of
2. 63 – Declaratory insane person they shall report such fact to the court
relief and similar 8. Habeas corpus (Estel v Diego)
remedies 9. Change of name
10. Declaration of o Upon receipt of the CA resolution
3. 64 – Certiorari
over final absence and dismissing her petition for non-
judgment or death
11. Correction of compliance with the rules, petitioner
orders of
COMELEC and entries in civil submitted, together with her M4R, a
COA registry
12. Insolvency Verification and Certification signed by
4. 65 – Certiorari,
prohibition, proceedings her in compliance with said rule
Mandamus 13. ADR
14. Annulment of (ZUZUAREGI V VILLAROSA)
5. 66 – Petition for
Quo Warranto marriage
6. 67 - Expropriation

19
 o Board resolution authorizing the signee there is a need to  Shall be discharged from
relax
to sign was belatedly filed (CAGAYAN WHO One who has By all plaintiffs or the case and the client/s
VALLEY DRUG CORP V CIR) SHALL ample knowledge petitioners shall be allowed to
SIGN to swear to the THEMSELVES,
Who shall sign? truth or are true secure the services of a
o General Rule: THE PARTY HIMSELF and correct, e.g. otherwise they will new counsel with the
Party pleader, be dropped.
o EXPN: counsel, or any right to demand the
 Counsel or other party through person EXPN: when they return of fees already
share a common
SPA (ANDERSON V HO) interest and invoke paid to the non-
 Corporation: a common cause of compliant lawyer
action or defense
 President, even without the signature of 3. Roll of attorneys number (Bar matter no.
board approval only one of them is 1132)
sufficient
(SUPERMAX V KCD EVIDENCE OF COMPETENT IDENTITY IN THE
BUILDERS) EXPN: SPA, Corp JURAT (Sec 12, 2004 Notarial Rules)
Pres, Corp board
 Any person authorized by resolution, Corp
1. At least one current identification
the board resolution counsel document issued by an official agency
 CORPORATE COUNSEL bearing the photograph and signature of
(CANA V EVANGELICAL the individual
RULE 65: Certificate of non-forum shopping
FREE CHURCH) 2. The oath or affirmation of one credible
required
Rules of certification against forum shopping in witness not privy to the instrument,
Other requirements:
case of dismissal of prior complaint under Sec. 1, document or transaction
1. PTR and IBP OR number (Circular no
Rule 17  Who is personally known the
10[1985]; Bar matter 287[2000])
o When a complaint under this rule is notary public
2. MCLE Certificate of
dismissed without prejudice, THERE IS NO  Who personally knows the
compliance/exception (Bar matter no.
NEED TO STATE IN THE CERTIFICATION individual, OR
1922; En banc resolution[2008)
THAT THE SUBSEQUENT COMPLAINT IS A 3. Oath of two credible witnesses neither of
 Penalty (OCA circular No. 79-
RE-FILED COMPLAINT whom is privy to the instrument,
2014)
DEFECTIVE VERIFICATION AND CERTIFICATION document or transaction who each
 First offense: 2k
personally knows the individual and
VERIFICATION CERTIFICATION  Second offense: 3k
STATUS OF Pleading not Pleading defective; shows to the notary public documentary
 Third offense: 4k
PLEADING defective; court generally not publication
may order its curable by  May be listed as
submission or subsequent
coorection submission or delinquent member of
correction unless the bar

20
F. RULES ON THE MANNER OF MAKING ALLEGATIONS
IN THE PLEADING
Pleading must state only the ultimate facts and
not legal conclusion or evidentiary facts:
o A fact is essential if they cannot be
stricken out without leaving the
statement of the cause of action
inadequate
Actionable document
o A written instrument or document on
which an action or defense is founded
o How pleaded:
1. Substance
2. Verbatim (METROBANK V LEY)
o Terms and conditions on the use of credit
card is not an actionable document IF the
complaint is an action for collection of
sum of money arising from a card
holder’s default (LEDDA V BPI)
Sec 10, Rule 8 –
o Mere denial for lack of knowledge
insufficient (EQUITABLE V CAPISTRANO)
Exception to the rule that defenses and
objections not pleaded deemed waived (GSIS V
VILLAVIZA)
o The averments that are not deemed
admitted by the failure to deny the same.
Among them are:
1. Immaterial allegations and
2. Incorrect conclusions drawn from
facts set out in the Complaint
II. PREPARATION OF THE PLEADINGS
III. MOTIONS IN GENERAL
Motions under Small claims:
1. A party’s request, written or oral to the
court for an order or other action. It shall
include an informal written request to
the court such as letter
KINDS OF MOTIONS
1. MOTION EX PARTE A motion made without the
presence or a notification to
the other party because the
question generally presented
is not debatable
2. MOTION OF COURSE A motion where the movant
is entitled to relief or remedy
sought as a matter of
discretion on the part of the
court
3. LITIGATED MOTION A motion which is made with
notice to the adverse party to
give an opportunity to
oppose
4. NON-LITIGATED MOTION A motion where notice to the
adverse party is not required
5. SPECIAL MOTION A motion which is addressed
to the sound discretion of the
court
6. ORAL MOTION A motion which is made in
open court
7. WRITTEN MOTION A motion which is formally
placed in writing
Examples:
1. Motion Ex-parte
1. Motion to amend as a matter of right
2. Motion for extension of time to file pleadings
3. Motion to set the case for pre-trial conference
4. Motion for cancellation of hearing
5. Motion for issuance of writ of execution
21
6. Motion for issuance of writ of possession
7. Motion for issuance of writ of attachment
2. Litigated motion
1. Motion for leave to file third party complaint
2. Motion to lift order of default
3. Motion to set aside judgment by default
4. Motion for bill of particulars
5. Motion to serve summons by publication
6. Motion to dismiss
7. Motion to withdraw complaint
8. Motion to correct pre-trial order
9. Motion for leave to intervene
10. Motion to take deposition after filing of the
answer
11. Motion to terminate taking of deposition
12. Motion to take deposition pending appeal
13. Motion to file interrogatories to parties
14. Motion for production and inspection of
documents and things and inspection of premises
15. Motion for physical and mental examination of
persons
16. Motion for consolidation or severance of trial
17. Motion for demurer to evidence
18. Motion for judgment on the pleadings
19. Motion for summary judgment
20. Motion for clarificatory judgment
21. Motion for reconsideration or new trial
22. Motion for execution pending appeal
23. Motion to quash writ of execution
24. Motion to dismiss appeal
3. Non-litigated motion
1. Motion for extension of time to file pleading
2. Motion to set the case for pre-trial conference
3. Motion for cancellation of hearing due to an illness
or absence of evidence
4. Special motion
1. Motion to amend after answer has been filed
2. Motion to dismiss
3. Motion to take deposition after filing of the
answer
 4. Motion to limit or terminate taking of deposition
5. Motion to take deposition pending appeal
6. Motion to file interrogatories to parties
7. Motion for production and inspection of
documents and things and inspection of premises
8. Motion for physical and mental examination of
persons
9. Motion for consolidation or severance of trial
10. Motion for judgment on the pleadings
11. Motion for summary judgment
12. Motion for clarificatory judgment
13. Motion for reconsideration or new trial
14. Motion for execution pending appeal
15. Motion to quash writ of execution
16. Motion to dismiss appeal
5. Oral motion
1. Motion for continuance of trial
2. Motion for postponement of trial
6. Written motion
1. Motion to declare defendant in default
2. Motion for leave to file third party complaint
3. Motion for lift order of default
4. Motion to set aside judgment by default
5. Motion for bill of particulars
6. Motion to serve summons by publication
7. Motion to dismiss
8. Motion to withdraw complaint
9. Motion to correct pre-trial order
10. Motion for leave to intervene
11. Motion to take deposition after filing answer
12. Motion to limit or terminate taking of deposition
13. Motion to take deposition pending appeal
14. Motion to file interrogatories to parties
15. Motion for production and inspection of
documents and things and inspection of premises
16. Motion for physical and mental examination of
persons
17. Motion for consolidation or severance of trial
18. Motion for demurrer to evidence
19. Motion for judgment on the pleadings
20. Motion for summary judgment
21. Motion for clarificatory judgment
22. Motion for new trial or reconsideration
23. Motion for execution pending appeal
24. Motion to quash writ of execution
25. Motion to dismiss appeal
Three-day notice rule mandatory; exception:
(JOS Managing Builders v Olaguer)
1. The presence of opportunity to
be heard as well as
2. To have a time to study the
motion and
3. To meaningfully oppose or
controvert the grounds upon
which it is based
(KKK v Calderon-Bargas)
1. Where a rigid application will
result in miscarriage of justice
especially if a party successfully
shows that the alleged defect in
the questioned final and
executory judgment is not
apparent on its face or from the
recitals contained therein
2. Where the interest of substantial
justice will be served
3. Where the resolution of the
motion is addressed solely on the
sound discretion of the court
4. Where the injustice to adverse
party is not commensurate with
the degree of his thoughtlessness
22
in not complying with the
procedure prescribed
In the execution of a judgment, notice to the
debtor is not necessary; once a judgment
becomes final and executory, the prevailing party
may execute it as a matter of right, and the
judgment debtor need not be given advance
notice of the application for execution nor
afforded prior hearing (PAMINTUAN V MUNOZ)
Absence of advance notice does not
violate due process
Requirements under Secs 4 and 5 of Rule
component of procedural due process which is
established for the benefit of the adverse party
Notice of hearing must be addressed to the
adverse party, otherwise defective
EXPN: When the adverse party is given an
opportunity to oppose (JEHAN SHIPPING
V NFA)
Motion for reconsideration is a contentious
motion which must comply with Secs 4 and 5 of
Rule 15
Furnishing a copy of the motion to counsel and
which was acted upon by the court is a
substantial compliance though the notice is
addressed to the clerk of court (MATURAN V
ARAULA)
Effect of non-compliance with Secs 4, 5 and 6
It is considered as mere worthless piece
of paper
The clerk of court has no right to receive
The court has no right to act upon
 It is considered as a mere pro-forma environment to poison  En banc: 10 additional
motion our rivers and seas copies
It is considered as not filed PRIMARY OBJECTIVES o Two sets of
It is a ground for the denial of the motion 1. To cut the judicial system’s use of annexes
It presents no questions which the court excessive quantities of costly  Division:
could decide paper o Two sets of
It will not toll the running for prescriptive 2. To save our forests annexes
period to appeal or file pleadings 3. To avoid landslides  Soft copies and their
Prohibition on pro forma motion applies only to 4. To mitigate the worsening effects annexes(pdf), either
final resolution order and not to interlocutory of climate change that the world through mail or through
order (SAN JUAN V CRUZ) is experiencing CD
Omnibus motion rule 5. To play a big part in saving our 2. CA and Sandiganbayan
Purpose: trees, conserving our water and  One original
1. to obviate multiplicity of motions helping mother earth  Two copies with annexes
and Applicability 3. CTA
2. Discourage multiplicity of suits 1. To all courts  One original
Examples: 2. To all quasi-judicial bodies under  Two copies with annexes
1. Motion to dismiss the administrative supervision of  En banc: eight copies
2. Motion to quash complaint or the supreme court with annexes
information Format and style 4. Other lower courts
3. Motion to quash warrant of 1. Single space; 1.5 between  One original with the
arrest paragraphs annexes
4. Motion to quash search warrant 2. Easily readable font style Annexes served on the adverse party
3. 8.5 x 13 white bond paper 1. No need if the latter had already
IV. EFFICIENT USE OF PAPER RULE (11-9-4-SC) 4. Margins: in his possession said annexes
Rationale:  1.5 left 2. If adverse party requests a set of
1. To produce 500 reams of paper:  1.2 top annexes actually filed with the
 20 trees are cut  1.0 right court, the party who filed shall
 100,000 liters of water  1.0 bottom comply within 5 days
are used; water that is no Copies to be filed
longer reusable because 1. Supreme court
it is laden with chemicals  1 original
and is just released to the  4 copies
23
V. RULES ON SERVICE OF PLEADINGS, MOTIONS, duly authenticated before the Sec 11, Rule 13: “may be a cause to consider the
JUDGMENT ORDERS AND RESOLUTIONS (RULE tribunal where they are pleading as not filed”
presented 1. Relaxation of the application of Sec 11,
13)
 When the photocopy of a registry Rule 13 because the language used is
Service of judgment to the party upon death of
receipt bears and earlier date but merely permissive (ILIGAN CEMENT CORP
her counsel valid (SALTING V VELEZ)
is not authenticated the later V ILIASCOR EMPLOYEES AND WORKERS
Notice to the client is not notice to the counsel:
dated stamped on the envelope UNION)
Exceptions:
shall be considered as date of Proof of filing
1. When the court or tribunal orders service
filing 1. Between the registry return card and the
upon a party or when the tribunal
MODES OF SERVICE written note, the former is given weight
defendant is waived (PNB V CA)
1. Personal as to completeness of service
Substitution of counsel cannot be presumed (LBP
 Notice to counsel is notice to  Presumed to be accurate unless
V PAMINTUAN)
party; exception – when service proven otherwise
1. ABSENT A FORMAL NOTICE Of
to party has been ordered by Two types of proof of service:
SUBSTITUTION, all lawyers who
court 1. Affdavit
appeared before the court or filed
 Service to counsel of record even 2. Registry receipt
pleadings in behalf of the client are
though deceased valid: Duty of Cut print-out of registry receipt is not compliance
considered counsels of the letter
party (AMPO V CA) (FORTUNE LIFE INSURANCE V COA)
DATE OF MAILING IS DATE OF FILING
2. Mail FAILURE TO ATTACH AFFIDAVIT OF SERVCIE NOT
Two sources of period in determining the date of
3. Substituted FATAL
filing;
 Effect of failure to file notice of 1. When the registry receipt attached to the
1. Post office stamp on the envelope
change of address by the party or petition clearly shows service to the
envelope
counsel: service with the last other party (PNB V CIR)
2. Registry receipt
known address (RIVERA V LITAM)
QUEBRAL V ANGBUS VI. COMPUTATION OF TIME (RULE 22)
JUDGMENT, FINAL ORDERS, RESOLUTIONS
1. IF AUTHENTICATED, EARLIER; IF NOT Sec 26 (a) and (b), Chapter 7, Book I of EO 292 or
1. Publication of a notice of hearing to file
AUTHENTICATED, LATER Admin Code, as amended by RA 9849
answer is not authorized by the rules
 “IF THE DATE STAMPED ON ONE a) Regular holidays
(ABERCA V VER)
IS EARLIER THAN THE OTHER, THE
Personal service is the general rule, other modes 1. New Year’s day January 1
FORMER MAY BE ACCEPTED AS
are the exceptions 2. Maundy Thursday
THE DATE OF FILING. This
Effect of non-compliance: 3. Good Friday MOVABLE DATE
presupposes, however that the
1. May be a cause to consider the paper as 4. Eidl Fitr
envelope or registry receipt and
not filed 5. Eidl Adha
the dates appearing thereon are
24
 6. Araw ng Monday nearest April 1. Filing of the 1. Filing a VERIFIED be considered lien on the judgment. (SUN
Kagitingan 9 original complaint Statement of claims INSURANCE V CA)
7. Labor day Monday nearest May with the CLERK (Form 1-SCC), b) Considerations of equity also come into
1 accompanied by picture. Rulings of the court have always
8. Independence day Monday nearest June 2. Payment of docket been influenced by peculiar legal and
12 and other lawful fees 2. Certificate of Non- equitable circumstances (YUCHENGCO V
9. National Heroes’ Last Monday of forum shopping
REPUBLIC)
day August (Form 1-A, SCC)
Rules on payment of docket fees (SUN
10. Christmas day December 25
3. Two duly INSURANCE V ASUNCION)
11. Bonifacio day Monday nearest
photocopies of 1. Where the filing of the initiatory pleading
December 30
actionable is not accompanied by payment of docket
document/s subject fee, court may allow late payment within
b) Nationwide special holidays of the claim, as well a reasonable time as long as it is made
as affidavits of the within the prescriptive period
Ninoy Aquino day Monday nearest witnesses and other 2. The same applies to permissive CCs, third
August 21 evidence to support party claims and similar pleadings
All Saints day November 1 them 3. Where the trial court acquires jurisdiction
Last day of the year December 31
over a claim by filing and payment, but
subsequently,
II. Payment of docket and other lawful fees
a. the judgment awards a claim not
(s1r141) specified in the pleading or,
VII. REVISED 2016 RULES OF PROCEDURE FOR Court acquires jurisdiction upon payment of b. if specified but the same has
SMALL CLAIMS CASES docket fees been left for the determination
Docket fees must be paid in full at the time of the by the court.
Chapter VI. Commencement of Action filing of the pleading The additional filing fee therefor shall
Full payment of docket fees is mandatory constitute a lien on the judgment.
and payment of docket and other lawful Payment of docket fees vests the court with It shall be the responsibility of the clerk of
fees jurisdiction over the subject matter or nature of court or his duly authorized deputy to
the action (DE UNGRIA V CA) enforce said lien and assess and collect
I. Rules on the commencement of civil action Relaxation of the rules; unpaid legal fees the additional fees
(s5r1) considered as lien on the judgment: Action for specific performance with
ORDINARY SMALL CLAIMS a) SC allows late payment of docket fees as reconveyance of property, a real action. Basis of
long as payment is made within the computation of docket fees. (TRAYVILLA V SEJAS)
prescriptive period. Any unpaid fees shall
25
 2. Who do not own real property with a fair 1. Plaintiff shall pay within 5 days,
market value stated in the current tax otherwise
BASIS OF COMPUTATION OF DOCKET FEES; (Sec declaration of more than 300k 2. SHALL BE DISMISSED without
7, Rule 141, amended by A.m. no 04-2-04-SC and 3. Requirements: prejudice
Supreme Court Amended Administrative Circular 1. Affidavit 5. Fee if declared as indigent
35-2004) 2. Affidavit of disinterested person 1. Still P1000 for service of
1. Sum of money
3. Tax declaration summons and processes
1. The total sum claimed
1. Inclusive of: 4. Consequences LEGAL AID SERVICES OF THE IBP (AM NO 08-11-7-
1. Interests 1. Cause for dismissal of complaint SC) – Rule on the exemption from payment of
2. Penalties or legal fees of the clients of the national committee
3. Surcharges 2. to strike out pleading on Legal Aid (NCLA) and of the Legal Aid offices in
4. Damages of
whatever kind
3. without prejudice to criminal the Local Chapters of the IBP
5. Attorneny’s fees liability 1. Who are qualified?
6. Litigation expenses Sec 21 rule 3 must be correlated with Sec 19, rule 1. Clients of the NCLA
7. Costs 141 2. Test in determining the qualified clients?
2. Real property
Nature of grant of indigency: Mandatory 1. The combined application of the
1. Whichever is higher
1. Fair market value state in the Small claims: means and merit tests and the
current tax declaration, or 1. Fees: consideration of other relevant
2. Current zonal valuation of BIR 1. Those under rule 141 factors in the rule
2. If there is none, the stated value of 2. P500 additional after the FIFTH 3. Means test; requirements; exception
property in litigation as alleged
3. Personal property
(5TH) claim 1. Same as Sec 19, rule 141
1. The stated value of property as alleged 3. P600 additional after the TENTH 2. EXCEPTION (not applicable) –
The payment of docket fees is not required in (10TH) claim those who fall under the
case of supplemental complaint 4. P700 additional after the developmental legal aid program
1. Because the court has already acquired FIFTEENTH (15TH) claim such as:
jurisdiction 2. Banking, lending or similar activities: 1. Overseas workers
PAO clients are also exempted from paying 1. Same rule as those applicable to 2. Fisherfolk
docket fees under RA 9406 cases filed under the regular rules 3. Farmers
Guidelines in determining indigent litigants (Sec 3. How claimed: 4. Laborers
19 rule 141) 1. File a motion to sue as indigent 5. Indigenous culutural
1. Gross income and that of their immediate (from 6-SCC) communities
family do not exceed an amount double 4. Effect if denied: 6. Women
the monthly minimum wage 7. Children

26
 8. And other disadvantaged
groups
WRIT OF KALIKASAN (09-6-08)
1. NO DOCKETS FEES
2. No docket fees in Cont mandamus
III. Provisional remedies
Basic concept
1. When can be availed of
1. At the commencement of the action
2. During the pendency of the action
2. How commenced
1. Verified application alleged in the
initiatory pleading, or
2. Incorporate in the initiatory pleading
1. And make additional
allegation in support of the
application
Nature
1. May be resorted to in order to preserve and
protect certain rights and interests pending
rendition of a final judgment
2. PROVISIONAL because they are mere
incidents in and are dependent upon the
result of the main action
What are provisional remedies under ROC (57-61)?
1. Preliminary attachment
1. When availed
1. At the commencement of the
action or
2. Anytime before entry of
judgment
2. Preliminary injunction
1. When availed?
1. Any stage before judgment of
final order
2. Requisites (PEREZ V MADRONA)
1. RIGHT
2. Acts against which the
INJUNCTION is directed
violative of said right
3. Receivership
1. The grant of receivership in one case
will NOT amount to res judicata on
the merits of the other cases. The
grant or denial of this provisional
remedy will still depend on the need
for it in the particular action (CHAVEZ
V CA)
2. Object of the appointment of
receiver:
1. To prevent imminent danger
to the property.
3. Which court can appoint a receiver?
1. Court where the action is
pending
2. Court of appeals
3. SC or a member thereof
4. Replevin
1. A proceeding by which the owner of
one who has a general or special
property in the thing taken or
detained seeks to recover possession
in specie, the recovery of damages
only incidental
2. When applied?
27
1. Commencement
2. Anytime before answer
5. Support pendente lite
1. Definition: An amount adjudicated by
the trial court during the pendency of
an action by the plaintiff
2. When availed of:
1. at the commencement or at
anytime afterwards.
2. Anytime prior to judgment or
final order
IV. Raffle of the case (Rule 20)
Sec 2
GSIS V JUDGE CANCINO-ERUM
1. Purpose:
1. To equalize the distribution of the
cases among several branches, and
thereby foster the court’s policy of
promoting speedy and efficient
disposition of cases
2. To ensure the impartial adjudication
of cases and thereby obviate any
suspicion regarding assignment of
cases to predetermined judges
2. Raffle of cases is not mandatory at all times
1. The urgent nature of an inunction or
TRO case demands prompt action
and immediate action, thereby
compelling the filing of the case in
the proper court without delay
 2. Given the urgent nature of TRO or
injunction cases, each of had to be
immediately attended to.
3. Hence, regular raffle may, in such
instances may not be warranted
Chapter VII. Summons and Service
Chapter VIII. Remedies after service of
summons before the filing of responsive
pleading
A. Effects of failure to plead, order and judgment
by default
Objection on improper venue deemed waived if
not raised in MTD or Answer; venue is procedural
in civpro, not jurisdictiona
GR: Court cannot declare motu proprio a party in
default
1. EXPN: Sec 15, Part II, Rule II of Rules on
environmental cases
What are the effects of declaration of default?
1. Entitled to notice of subsequent
proceedings
2. He cannot take part in trial
3. He can be a witness in the case
4. He is entitled to receive judgment, order
or resolution and substantially amended
pleading
Effects of failure to file an answer in Unlawful
detainer and forcible entry (s7r70)
1. Motu proprio or on motion of the
plaintiff, shall render judgment as may be
warranted by the facts alleged in the
complaint and limited to what is prayed
therein
2. The court may in its discretion reduce the
amount of damages and attorney’s fees
claimed for being excessive or otherwise
unconscionable, without prejudice to the
applicability of Sec 3(c) if there are two or
more defendants
Instances where order of default may be issued
1. Original complaint
2. Permissive CC
3. Cross-claim
4. Third-fourth party complaint
5. Complaint in intervention (s4r19)
6. Interrogatories to parties (s2r29)
7. Complaint for interpleader (s5r62)
Instances where there is no default
1. Annulment
2. Nullity
3. Legal separation
4. Summary proceedings
1. Prohibited pleading (sec 19h)
5. Small claims
1. Prohibited pleading (Sec 16 h)
6. As a general rule, in Environmental cases
1. Prohibited pleading (Sec 2 (d)
Rule 2, Part II)
Remedies in case of declaration of default
1. Motion to lift order of default or
28
2. Motion to admit answer with attached
answer
Grounds for lifting order of default
1. Fraud
1. Extrinsic; any fraudulent act of
the prevailing party in the
litigation which is committed
outside of the trial of the case,
whereby the unsuccessful party
has been prevented from
exhibiting fully his case, by fraud
or deception practiced on him by
his opponent (PHILIPPINE
TOURISM AUTHORITY V
PHILIPPINE GOLF DEVELOPMENT
AND EQUIPMENT, INC)
2. Accident
1. An event that takes place without
one’s foresight or expectation –
an event that proceeds from, an
unknown cause, or is unusual
effect of a known cause, and
therefore not expected (DELA
CRU V CAPITAL INSURANCE &
SURETY CO)
3. Mistake
1. An error in action or a
blunder(COOMBS V SANTOS)
4. Excusable negligence
1. Failure to take the proper steps
at the proper time, not in
consequence of the party’s own
carelessness, inattention or
 willful disregard of the process of
the court, but in consequence of
some unexpected or unavoidable
hindrance or accident, or reliance
on the care and vigilance of his
counsel or on the promises made
by the adverse party (Black’s law
dictionary)
 GR: Acts of counsel:
conclusive upon client
 EXPN: Gross negligence
Default discretionary with the court: may allow
the filing of the answer. The hornbook rule is that
default judgments are generally disfavored
(SABLAS V SABLAS)
Requirements for the lifting of the order of
default
1. A motion under oath to set aside order of
default
2. Upon proper showing that his failure to
answer was due to
1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
3. That he has a meritorious defense
4. In such case, the order of default may be
set aside on such terms and conditions as
the judge may impose in the interest of
justice
Remedy in case of denial of motion to lift order of
default
1. Motion for reconsideration – petition for accident, mistake or excusable
certiorari since the orders are negligence which ordinary
interlocutory orders which are not prudence could not have guarded
appealable under Section 1(b) of rule 41 against despite diligence which
and the denial is attendant with grave prejudice the rights of the parties
abuse of discretion amounting to lack or (s1r37)
excess in jurisdiction 2. Motion for reconsideration
Certiorari has been held as the propert remedy to (s1r37)
question default order and judgment (LINA V CA) 3. Petition for certiorari under Rule
Certiorari is allowed then the default is 65
improperly declared, or when it is properly 4. Appeal under Rule 41 sec 2 even
declared where GADLEJ attended the declaration if he did not file a petition to set
(PACITA V CARRIAGA) aside order of default(LUI
Where the defendant was improperly declared in ENTERPRISES V ZUELLIG PHARMA
default, as where the reglementary period to CORP)
answer had NOT YET EXPIRED, he can if such 2. After finality of judgment
default order is not lifted, elevate the matter by 1. Petition for relief (r38)
certiorari without waiting for the default 2. Petition for annulment (r47)
judgment (VIACRUSIS V ESTENZO) 3. Petition for certiorari (r65)
Unless the reopening of the case is clearly 4. Collateral attack
intended for delay, courts should be liberal in  In another action to
setting aside orders barring defendants from obtain a different relief,
presenting evidence. Judgments based on an ex an attack on the
parte presentation of evidence are generally judgment on its face, is
frowned upon (ZENITH INSURANCE V JUDGE null and void, as where it
PURISIMA) is patent that the court
Remedies in case of judgment by default (NOTE: which rendered said
motion to set aside order of default, mnt, petition judgment has not
for relief are mutually exclusive) jurisdiction (CO V CA)
1. Before finality of judgment by default Appeal and certiorari does not allow the
1. Motion to set aside judgment by defendant to present evidence; he can only argue
default or new trial on the that the trial court committed GADLEJ (Lui
grounds of extrinsic fraud, enterprises)
29
 When he can present evidence is to submit the real matter in o Substantial
1. Motion to set aside dispute without intent to delay alteration in the
2. Motion for new trial the action (PAMAN V DIAZ) cause of action or
3. Petition for relief  Remedy in case of denial? defense allowed
Certiorari is an appropriate remedy against 1. Mandamus under s3r65 under s3r10 if
judgment without valid service of summons since it is a ministerial based on
Failure to serve answer to written interrogatories duty on the part of the substantial justice
1. The court may, on motion and notice: court to allow and to prevent
1. Enter a judgment by default amendment on the delay
against that party (s5r29) pleading before the filing  Remedy in case of denial:
2. Application to compel answer should be of a responsive pleading 1. Petition for certiorari
applied first before judgment by default 2. By leave of court under Rule 65 since the
can be availed of for failure to file answer  Court may refuse if it appears order denying the motion
to written interrogatories pursuant to that it is made with intent to is merely discretionary
s1r29 (JARAVATA V KAROLUS) delay and for being
 Requirements: interlocutory which is not
B. Remedies available to parties in a civil action 1. Motion is filed in court appealable under Sec
after the service of summon but before the filing 2. After notice to the 1(b) or Rule 41 and if the
of responsive pleading adverse party denial is tainted with
1. Declaration and judgment by default (rule 9) 3. An opportunity to be grave abuse of discretion
heard amounting to lack or
2. Amendment of the pleadings as a matter of right
 Shall be applied with liberality by excess of jurisdiction
(Rule 10) reason of public policy (YUJUICO 3. Substantial amendment (technically a
Kinds of amendment V URAM) new complaint)
1. As a matter of right  Limitation on the grant of  Changes the plaintiff’s cause of
 MTD is not a responsive pleading amendment by leave of court action
 Amendment is available even if 1. Should NOT substantially  Adding new parties
the order of dismissal has been CHANGE the CAUSE OF 4. Amendment to confer jurisdiction
issued provided it is not yet final ACTION or ALTER the  GR: Amendment cannot be
(CONSTANTINO V REYES) theory of the case or allowed when the court has no
 An amended answer may also be 2. It was made to delay the jurisdiction over the original
allowed even after the case had action complaint and the purpose of the
been set for trial on the merits if 3. EXCEPTION: amendment is to confer
the purpose of the amendments
30
 jurisdiction on the court
(SIASOCO V CA)
 EXPN: When the RTC clearly had
jurisdiction over the original
complaint and the amendment of
the complaint was then still a
matter of right (SANTE V
CLARAVALL)
5. Formal amendment
6. Amendment to conform OR Authorize
presentation of evidence
 S5r10
 Two situations
1. When evidence is
introduced on an issue
not alleged in the
pleadings and no
objection is interposed
by the adverse party
2. When the evidence is
offered on an issue not
alleged in the pleadings
but an objection is raised
against the offer
Ommitted counterclaim or cross-claim
1. S10r11
2. Amendment is allowed to include an
omitted CC before judgment
3. Grounds:
 Oversight
AMENDED
 Inadvertence
With or without
 Excusable neglect
leave
 When justice requires
Effects of an amended pleading
1. Supersedes the pleading that it amends
2. The admissions in the superseded
pleadings may be received in evidence
against the pleader
3. Claims or defense alleged therein not
incorporated in the amended pleading
shall be deemed waived
4. The admissions made in the original
pleading shall be treated as an
extrajudicial admission which shall be
alleged and proved
5. Any ancillary order/remedy issued in the
original pleading shall be deemed
vacated or lifted
6. It requires another certification of non-
forum shopping if it is a substantial
amendment of the original complaint
7. It case the complaint is amended, it
requires the service of summons if the
defendant has not yet appeared before
the court and submitted to its jurisdiction
Supplemental pleading
1. S6r10 – “MAY”; discretionary (BARBA V
LICEO)
2. Counter-claim or cross-claim arising after
answer (s9r11)
 Before judgment
AMENDED V SUPPLEMENTAL PLEADING
SUPPLEMENTAL
With leave
31
Facts that occurred Facts that occurred
before the filing of after the filing of the
the original pleading original pleading
Supersedes the Assumes that the
original pleading original pleading is to
stand
Test to determine whether service of summons is
required in case of amended pleading
o IF the old pleading is superseded, is a
new summons required to be served
upon defendant?
o Where the defendant has already
appeared before the court by virtue of
the summons in the original complaint
(MTD or ANSWER) the amended
complaint may be served upon him
without the need for another summons
if new causes of action are alleged in the
amendment.
o Conversely, a defendant who has not yet
appeared must be served with summons
o It is not therefore, the change of the
cause of action that gives rise to the need
to serve new summons (VLASON
ENTERPRISES V CA)
3. Motion for extension of time to file pleading (s11
Rule 11)
Must be filed before the expiration of the period
sought to be extended (POSIQUIT V PEOPLE)
Tantamount to submission to court’s jurisdiction
(GO V CORDERO)
PROHIBITED under
 o SUMMARY procedure (s19(e)) responsive pleading the arraignment and 5. Notice of lis pendens (Sec 14, Rule 13)
 Also a late answer is not allowed within the period he enter his plea, unless Literally means “pending suit”
o SMALL CLAIMS (s14) is entitled to but in the denial is tainted An anno muncement to the whole world that one
o ENVIRONMENTAL cases (s2r2p2(c)) no case less than five with GADLEJ, party who acquires an interest over said property does
 Except to file answer. It is days, unless the may file a petition for so at his own risk, or that he gambles on the
expressly allowed denial is tainted with certiorari
result of the litigation over the said property
GADLEJ, Certiorari
Grounded on public policy or necessity
4. Motion for bill of particulars (Rule 12)
Purpose AND necessary incident: to keep the
Bill of particulars – a more definite statement of
Prohibited in properties in litigation within the power of the
fact and material allegations in the pleadings
1. intra-corporate controversies (rule 1, sec court until the litigation is terminated and to
Motion- an application before the court
1 (a), interim rules) prevent the defeat of judgment or decree by
Nature
 GUY V GUY subsequent alienation (CUNANAN V JUMPING
1. Formal
 It is essential that for the JAP TRADING)
2. Litigated
complaint to show on its face Shall be filed in the court where the case is
3. Written
what are claimed to be pending
4. Requires notice
fraudulent corporate acts Can only be cancelled in the court where the
What does a MBP point out?
 Fraud in intra-corporate disputes main case is pending
1. Defects
must be based on: “devises and Cancellation of lis pendens is merely an incident
2. Paragraphs where they are contained
schemes employed by, or any act to the main case and may be ordered by the
3. Details desired
of, the BOD, business associate, court having jurisdiction of it at any given time
CIVIL V CRIMINAL BILL OF PARTICULARS
officers or partners, amounting to (CASIM CONSTRUCTION V RD)
CIVIL CASE CRIMINAL CASE fraud or misrepresentation which Power of cancellation is inherent and ancillary to
Rule 12; must be Rule 116; must be may be detrimental to the the main action (RP V SPS. FLORENTIN)
filed before the filing filed before interest of the public and/or of Cancelled ipso facto (by operation of law) under
of a responsive arraignment the stockholders, partners or exceptional circumstances
pleading or in case of members of any corporation, CASIM CONSTRUCTION V RD
a reply, within 10 partnership or association 1. Where such circumstances are imputable
days for receipt 2. Summary procedure (S19) to the party who caused the annotation
thereof 3. Small claims (s14b) 2. Where the litigation was unduly
Directed against Directed against a
4. Environmental cases (s2r2p2b) prolonged to the prejudice of the other
pleadings Criminal Complaint
5. Amparo (s11(3)) party because of several contiuances
or Information
6. Data (s13(d)) procured by petitioner
Denial: The moving Denial: The accused
party may file his may proceed with
32
 3. Where the case which is the basis for the final judgment in favor of the defendant final
lis pendens notation was dismissed for or the action was disposed of terminating judgment by
non prosequitur on the part of the finally all the rights of the plaintiff over successive
plaintiff the property in litigation alienations
4. Where the judgment was rendered Remedy in case of denial of registration of lis 2. To bind a
against the party who caused such pendens (sec 117, pd 1529) purchaser of
the property
notation 1. File a motion for reconsideration before
subject of
Dual effect (VASHDEO V VILLACORTA) RD within 5 days for the receipt of the
the litigation
1. Keep the property subject matter within notice of denial of registration to the
the power of the court until entry of the 2. DENIED: Appeal to LRA within 10 days judgment
final judgment 3. DENIED: Appeal to LRA en consulta that the
2. To bind a purchaser to the judgment that 4. DENIED: APPEAL to CA under r43 court will
the court will subsequently promulgate 5. DENIED: Appeal to SC under r45 subsequently
Actions where lis pendens is proper LIS PENDENS V LITIS PENDENCIA promulgate
1. Recovery of possession of real property Made through notice Availed of through
LIS PENDENS LITIS PENDENCIA to be filed with RD MTD and filed with
2. Quieting of title
A remedy in case a A ground for where the property is the court where the
3. Remove clouds therefrom
real property is the dismissal located case is pending
4. Partition
subject of a real Remedy in case of Remedy in case of
5. Any other proceedings of any kind in action
court directly affecting the title to the denial: Appeal to RD denial:
Purpose: Purpose: for en consulta within 5 File the answer
land or the use or occupation thereof or 1. Keep the dismissal of an action days pursuant to within the remaining
the buildings thereon (GAGOOMAL V property under Sec 1(E)r16 in sec117 of pd1529 period but in no case
VILLACORTA) subject order to avoid less than 5 days
Grounds for cancellation matter of the multiplicity of suits pursuant to sec 4 of
1. The purpose of molesting the adverse litigation rule 16
party within the Can be filed after the Should be filed
2. It is not necessary to protect the rights of power of the filing of the action in before the filing of a
the party who caused it to be recorded court until court but before responsive pleading
3. DEEMED CANCELLED; Sec 77, pd 1529; the entry of finality of judgment
final OR ANYTIME (S1R9)
Upon the registration of a certificate of
judgment in
the clerk of court in which the action or
order to
proceeding was pending stating the prevent the
manner of disposal thereof if there was a defeat of the
33
6. Motion to dismiss (Rule 16) and the case was decided a) Requisites
Definition: Application for the dismissal of an (CUDIAMAT V BATANGAS i. Parties/interests
action based on the grounds set forth under SAVINGS) ii. Rights and reliefs
s1r16 to be filed before the responsive pleading ii. Expn: as long as estoppel founded on the same
Nature: by laches does not set in facts
1. Omnibus motion (s8r15) b) EXPN to prohibited pleadings iii. Identity with respect to
a) Must raise all objecions available under s19(a) under summary the two preceding
at the time of filing, otherwise procedure and ground for motu particulars in the two
waived proprio dismissal under s4 cases, such that any
i. EXPN: s1r9 3. The venue is improperly laid judgment that may be
2. Litigated motion – requires notice to a) Motu proprio dismissal: rendered in the pending
adverse party and hearing i. Small claims (s11) case, regardless of which
Hypothetical admission rule ii. Summary (s4) party is successful, would
1. When MTD is filed, the material b) Remedy in case it is that ground amount to red judicata in
allegations of the complaint are deemed for dismissal: REFILE (s5r16) the other case
to be hypothetically admitted. This because not appealable (s1r41) b) Litis pendencia in intervention
hypothetical admission extends not only 4. The plaintiff has no legal capacity to sue i. There is identity of
from the relevant and material facts well a) When the plaintiff is not in full interests (St. Catherine
pleaded In the complaint, but also to exercise of his civil rights (civil Realty v Pineda)
inferences that may be fairly deduced interdiction) 6. The cause of action is barred by prior
from them (MUNICIAPLITY OF HAGONOY b) If the plaintiff does not have the judgment of statute of limitations
V DUMDUM) character or representation that a) Bar by prior judgment (res
Grounds for dismissal (exclusive): he claims judicata)
1. The court has no jurisdiction over the c) Foreign corporation doing i. Grounded on (1)public
person of the defending party business in the PH without policy and necessity,
a) Not voluntary appearance when license which makes it in the
raised with other grounds d) Minority interest of the state that
2. The court has no jurisdiction over the e) Insanity there should be an end to
subject matter of the claim f) Lack of juridical personality litigation and (2) the
a) May be raised anytime even on g) Incompetence hardship of the individual
appeal 5. There is another action between the that he should be vexed
i. EXPN: when there was same parties for the same cause (litis twice for the same cause
already a full blown trial pendencia) ii. Requisites

34
 a. Final judgment
b. Court has
jurisdiction
c. Judgment on the
merits
d. Identity of
parties, subject
matter and cause
of action
iii. Absolute identity of 7. The pleading asserting the claim states
cause of action not
required (Reforzado v
Lopez)
iv. GR: does not apply to
administrative powers
v. EXPN: when the admin
proceedings take on an
adversary character
LITIS PENDENCIA RES JUDICATA
Both cases have One case has already
identical parties, been decided with
subject matter and finality on the merits
cause of action which
are still pending
The MTD can be filed The MTD is filed
against either two against the second
pending cases case
b) Statute of limitations
i. Complaint in its face
must show that the
action has already
prescribed
ii. When prescription of
actions interrupted (1155
NCC)
a. Filing in court
b. Extra-judicial
demand
c. Writen
acknowlegement
of the debt
no cause of action
a) Different for LACK OF CAUSE OF
ACTION
i. Lack of cause of action is
the failure of the
evidence to prove the
cause of action alleged in
the pleading; ground for
d2e under r33
ii. Failure to state refers to
insufficiency in the
allegations in the
initiatory pleading.
b) Sufficiency NOT veracity of the
material (PNB V ENCINA)
c) The inquiry is confined in the four
corners of the complaint (LUCAS
V LUCAS)
d) ESSENTIAL ELEMENTS (DBP V
CASTILLO): 8. That the claim or demand set forth in
i. Right
ii. Obligation to respect the
right
35
iii. Act or omission that
violates that right
e) Documents attached to the
complaint may be considered in
determining the sufficiency of the
material allegations (LAZARO V
BREWMASTER INTERNATIONAL)
f) Test: If, admitting the facts
alleged, the court can render a
valid judgment
g) General rule: Facts are sufficient.
i. The defendant must
show that the claims for
relief does not exist
(SANTOS V BERAMO)
h) Analogous instances
i. The complaint does not
contain all the facts
constituting the plaintiff’s
cause of action
ii. When the plaintiff filing
the case is not the real
party in interest
iii. When the plaintiff has
not exhausted all
administrative remedies
and the complainant fails
to allege the fact of such
exhaustion
the pleading has been paid, waived,
abandoned or otherwise extinguished
a) Modes of extinguishment under
1231 NCC
i. Payment
ii. Loss
iii. Condonation/remission
iv. Confusion/Merger
v. Novation
b) What is laches? It means failure
or neglect for an unreasonable
and unexplained length of time to
do that which, by observance of
due diligence, could or should
have been done earlier. Elements:
i. Conduct of the
defendant, or one under
whom he claims, giving
rise to the situation
complained of
ii. Delay in asserting the
complainant’s rights after
he had knowledge of
defendant’s acts and
after he has had the
opportunity to sue
iii. Lack of knowledge or
notice by defendant that
the complainant will
assert the right he bases
his suit
iv. Injury or prejudice to the
defendant in the event
that the relief is accorded
9. That the claim on which the action is f) A representation of credit of a
founded is unenforceable under the third person
statute of frauds (1403 NCC) 10. That a condition precedent has not been
a) Agreement by its terms is not to complied with
be performed within a year a) Barangay referral
b) A special promise to answer for a i. Exception in MTD in
debt, default or miscarriage of summary where it is not
another prohibited (s19e)
c) An agreement made in b) Exhaustion of administrative
consideration of marriage other remedies
than a mutual promise to marry i. EXPN (GONZALES V
d) An agreement for the sale of HECHANOVA)
goods, chattels or things in action a. Purely legal
at a price not less than 500, b. Patently illegal or
unless the buyer accept and was performed
receive part of such goods and without
chattels, or the evidences, or jurisdiction or in
some of time, such things in excess of
action, or pay at the time some jurisdiction
part of the purchase money; but c. Where
when a sale is made by auction respondent is a
and entry is made by the department
auctioneer in his sales book, at secretary, whose
the time of the sale, the amount acts as an alter
and kind of property sold, terms ego of the
of sale, price, names of the President bear
purchaser and persons on whose the implied or
account the sale is made, is assumed
sufficient memorandum approval of the
e) An agreement for leasing more latter, unless
than one year, or sale of real actually
property or interest therein disapproved by
him
36
 d. Where there are e. Jurisdiction of amount to an evasion of positive duty or a
circumstances the court virtual refusal to perform the duty enjoined
indicating the f. Future legitime by or to act at all in contemplation of law
urgency of d) Certificate of non-forum Nature of dismissal of an action (not order denying
MTD)
judicial shopping
1. A final order, whether correct or not
intervention e) Payment of docket fees
(MIRANDA V CA)
ii. EXPN (BORACAY V f) Tender of payment in case of Hearing on affirmative defense should be made in
AKLAN) consignation (1256 NCC) order to avoid tedious trial (INQUIRER V ALMEDA)
a. Does not provide g) Demand to vacate and payment SLAPP (Rule 6 part 2)
a plain, adequate of rentals or reasonable 1. Definition (s1): An action filed to harass, vex,
and speedy compensation for the use and exert undue pressure or stifle any legal
remedy occupation of the property recourse that any person, institution or the
b. No due process (s2r70) government has taken or may take in the
c. No other recours h) Arbitration (RA 876) enforcement of envi laws, protection of the
envi or assertion of envi rights
c) Earnest efforts towards amicable i. If there is an agreement
2. How to allege (s2)
settlement between members of between the parties to
a) File an answer interposing SLAPP as
family (151 FC) resort to arbitration affirmative defense
i. Referral to barangay i) Prior resort to ADR b) File a counterclaim, damages, atty
sufficient compliance Motion to dismiss in interpleader (s4r62) fees and cost of suit
ii. No motu proprio 1. Grounds 3. Duty of the court:
dismissal a) Impropriety of interpleader a) Direct the other party to file an
iii. Instances where no b) Other appropriate grounds specified opposition
compromise is NOT in rule 16 4. When will the hearing be set?
allowed (2035 NCC) 2. Tolling of period same with rule 16 a) Within 15 days from filing of the
Order denying MTD is interlocutory commend or the lapse of the period
a. Civil status of
Denial of MTD may be assigned as an error on appeal 5. Nature of hearing (S3): summary
persons
Denial of certiorari may be subject of certiorari: 6. Duty of the parties during the hearing: submit
b. Validity of all evidence
1. Capricious and whimsical exercise of
marriage or legal judgment that is equivalent to lack of 7. Quantum of evidence:
separation jurisdiction a) On the part of the party seeking
c. Any ground for 2. Must be grave as where the power is dismissal of the case: Substantial
legal separation exercised in an arbitrary and despotic manner evidence(evidence that a
d. Future support by reason of passion and personal hostility, reasonable mind could accept as
and must be so patent and gross as to adequate to support a particular
conclusion.) that his act for the
37
 protection of envi law is a legitimate time of serving his 5. Answer to fourth party complaint
motion, but not less
action for the protection, than 5 days in any 6. Answer to complaint-in-intervention\
preservation and rehabilitation of event, computed 7. Answer to amended pleading
envi from his receipt of
the notice of the 8. Answer to supplemental pleading
b) On the part of the party filing the denial 9. Reply to all answers
action assailed as SLAPP: REMEDY OF Appeal if dismissal is Appeal the order being a final
PLAINTIFF IN with prejudice order and an adjudication upon 10. Compulsory counterclaim
Preponderance of evidence (WON
the act or event was more likely CASE the merits 11. Answer to a compulsory counterclaim in
GRANTED Refile is without
than not to have occurred.) prejudice
summery proceedings\
8. Resolution of the defense of SLAPP: within 30 NATURE OF With or without Final order since it is adjudication 12. Response in a small claims case
days after summary hearing (s4r6p2) DISMISSAL IN prejudice upon the merits
CASE
13. Response in a petition for writ of amparo
9. Effect of dismissal:
a) Damages GRANTED 14. Response in a petition for Writ of habeas
b) Atty fees data
c) Costs of suit under CC if filed 15. Response in a petition for writ of
10. Nature of dismissal: 7. Dismissal by plaintiff (Rule 17)
kalikasan
a) WITH prejudice 8. Intervention (Rule 19) 16. Comment/opposition to petitions under
11. Effects of SLAPP defense rejected by court
a) Evidence adduced during summary
9. Deposition pending action (Rule 23) the rules on special civil action and
hearing shall be treated as evidence 10. Summary judgment (Rule 35) special proceedings
of the parties on the merits Is there a need to verify a responsive pleading?
b) The action shall proceed in C. Rules on computation of time
1. No, s4r7
accordance with the rules
MTD PROHIBITED a) Except when otherwise
1. SUMMARY
Chapter IX. Responsive pleadings, specifically required by law or the
2. SMALL CLAIMS Counter-claims and cross-claims rules
3. ENVI Responsive pleadings that should be verified
A. Basic concepts
MOTION TO DEMURER TO EVIDENCE (33) 1. Answer denying the allegations on the
DISMISS (16) Definition:
KIND OF Omnibus Litigated 1. A responsive pleading is a pleading which genuineness and due execution of an
MOTION Litigated
responds to the pleadings of the adverse actionable document (s8r8)
GROUNDS S1r16 Insufficiency of evidence that
upon the facts and the law the party 2. Answer denying allegations of usury
plaintiff has shown no right of
What are the responsive pleadings under the (s11r8)
relief
WHEN FILED Before filing After the plaintiff has rested his rules? 3. Answer to written interrogatories (s2r25)
responsive pleading case
1. Answer to original complaint 4. Answer to request for admission (s2r26)
REMEDY OF File answer within Proceed to trial, and in case of
DEFENDANT the balance of the adverse decision appeal the 2. Answer to permissive CC 5. Summary procedure
IN CASE OF period prescribed in same 3. Answer to cross-claim
DENIAL Rule 11 to which he
was entitled at the 4. Answer to third party complaint
38
 a) Answer to the original complaint o Certified photocopies of docs Does not require the Requires the presence of
presence of a third person a third person for its
under Rules on Summary o Affidavits of witnesses
for its adjudication adjudication
Proceedings (s3r2) o Other evidence Barred if not set up in the Not barred even if not set
b) Compulsory counterclaim and Summary – 10 answer or amended up in the answer
Envi – 15 answer
answer thereto under the rules
Party need not answer Plaintiff must answer
on Summary (s3r2) o Answer to Cross/counter - 10 Except in summary being an initiatory
c) Answer to cross claim proceedings pleading
C. Rules on counterclaim and cross claims No Default Plaintiff may be declared
6. Verified response under small claims in default with respect to
Requisites for a compulsory CC
7. Answer to complaint in Envi cases (s1r3) the PCC
1. It arises out or is necessarily connected with the CNFS not required CNFS required
B. Rules on period to file responsive pleading transaction or occurrence that is the subject Not initiatory Initiatory
Payment of docket fees is Payment of docket fees is
Complaint – 15 days matter of the opposing party’s claim suspended as per required
Defendant foreign judicial entity – 30 days 2. It does not require for its adjudication the supreme court resolution
Amended presence of third parties of whom the court dated sept 21, 2004 (AM
NO 04-02-04)
o Matter of right – 15 after being served a cannot acquire adjudication
copy 3. It must be cognizable by the regular courts of
o Discretion – 10 from notice or order justice How to determine the nature of CC?
admitting the same 4. It must be within the jurisdiction of the court 1. GSIS V CABALLERO –IF YES TO ALL,
Counter/cross claim – 10 both as to the amount and the nature thereof COMPULSORY!
Third/fourth – 10 a. Except that in an original action in the a) Are the issues of fact and law
Reply – 10 RTC, the counterclaim is considered raised by the claim and CC largely
Supplemental – 10 regardless of the amount the same?
Counter/cross existing at the time of answer – 15 5. It must already be existing at the time the b) Would res judicata bar a
Counter-claim or cross claim arising after answer defending party files his answer subsequent suit on defendant’s
– before judgment claims, absent the compulsory
Omitted counter/cross – before judgment COMPULSORY V PERMISSIVE
counterclaim rule?
Written interrogatories – 15 unless court COMPULSORY CC PERMISSIVE CC c) Will substantially the same
extends/shortens Recoupment Set-off evidence support or refute
Interpleader – 15 Arises out or is connected DOES NOT arise out of
plaintiff’s claim as well as
with the transaction or and is NOT connected
Exprop – time indicated in summons occurrence constituting with the transaction or defendant’s counterclaim?
o Amendment – 10 from filing answer the subject matter of the occurrence constituting d) Is there any logical relation
FE/UD – 10 opposing party’s claim the subject matter of the
between the claim and the
opposing party’s claim
Small claims – 10 from receip of summons counterclaim?
39
 2. COMPELLING TEST OF COMPULSORINESS 2. Statute of limitations
(QUINTANILLA V CA) 3. Release
Compulsory Counterclaim and Cross-claim are
a) Is there a logical relationship 4. Payment
allowed in
between the claim and the CC, 5. Illegality
1. Summary (s3) –permissive not allowed
where conducting separate trials 6. Statute of frauds
 Complaint
of the respective claims of the 7. Estoppel
 Compulsory CC pleaded in the
parties would entail a substantial 8. Former recovery
answer
duplication of effort and time by 9. Discharge in bankruptcy
 Cross-claims pleaded in the
the parties and the court 10. Any other matter by way of confession or
answer
Payment of docket fees in compulsory and cross avoidance
2. Small claims
claim are suspended 11. SLAPP
 Statement of claim
Filing of unfounded civil action is not a ground for 3 ways of specific denial (S10r8) (PBCOM V CO)
 Response
the award of moral damages by and atty fees by 1. ABSOLUTE denial
 PERMISSIVE COUNTERCLAIM
way of counterclaim (FLT PRIME INSURANCE V  Specifying each material
 COMPULSORY COUNTERCLAIM
CHEVRON PHILIPPINES) allegation of the fact in the
3. Environmental cases (s1r2p2)
COUNTER-CLAIM IN SLAPP (s2r6) complaint, the truth of which the
 Complaint
1. “by way of counterclaim, pray for defendant does not admit, and
 Answer w CC
a) Damages whenever practicable, setting
 Motion for intervention
b) Atty fees forth the substance of the
 Motion for discovery
c) Cost of suit matters which he will rely upon
 Motion for recon
CROSS-CLAIM V COUNTERCLAIM to support his denial
4. Interpleader (s5r62)
2. PARTIAL denial
CROSS-CLAIM COUNTER-CLAIM  Counterclaims
 By specifying so much of an
Against a co- Against an opposing  Crossclaims
averment in the complaint as is
defendant party  3rd party
true and material and denying
Arises out of the While a counterclaim  Responsive pleadings thereto
transaction or may or may not arise only a remainder
NO COUNTER-CLAIM OR CROSS-CLAIM IN
occurrence that is out of the same 3. DISAVOWAL OF KNOWLEDGE
EXPROPRIATION PROCEEDINGS (s3r67)
the subject matter transaction or  By stating that the defendant is
either of the original occurrence, as in the without knowledge sufficient or
action or the case of permissive information sufficient to form a
counter-claim counterclaim which D. Objections and defenses (S5R6) belief as to the truth of a material
is in effect a separate Kinds of affirmative defenses averment in the complaint, which
pleading in itself 1. Fraud has an effect of denial

40
 Mere denial for lack of knowledge is insufficient
(EQUITABLE CARDNETWORK V CAPISTRANO)
1. A person’s denial for lack of knowledge of
things that by their nature he ought to
know is not an acceptable denial.
2. An admission in the answer and due
execution of the plaintiff’s actionable
document, can only be contradicted by
showing that defendant made such
admission through palpable mistake.
Chapter X. Remedies/proceedings after
the filing of a responsive pleading
1. Reply (s10r6)
2. Third/4th party complaint (s11r6)
Nature: not mandatory but secondary or
derivative liability
Limitations on pleadings in criminal, civil special
proceedings and land registration cases under
AM no 11-6-10-SC (guidelines for litigation in
quezon city trial courts)
1. Pleadings that may only be filed
 Complaint
 Answer
 Reply
2. What are the limitations on the pleadings
that may be filed after the reply?
 Must be with prior leave of court
 In no case to exceed 40 pages in
length, double spaced, using size
14 font
Third party complaint prohibited under
1. summary proceedings (s19)
2. Small claims (s16)
3. Amparo
4. Supplemental pleading (r10)
5. MTD (s2r17)
6. Deposition pending action (r23)
What is a deposition?
1. The testimony of a witness,
2. put or taken in writing,
3. under oath of affirmation,
4. before a
 commissioner,
 examiner or other
 judicial officer
5. In an answer to an interrogatory or cross-
interrogatory
6. Usually subscribed by the witness
Deposition WITH LEAVE of court: function:
1. Deposition is a mode of discovery, the primary
function of which is to supplement the pleadings
for the purpose of disclosing the real points of
dispute between the parties and affording an
adequate factual basis during the preparation for
trial

Requisites 4. Data
7. Judgment on the pleadings (r34)
1. The party to be impleaded must not yet 5. Environmental
What is a judgment on the pleading?
be a party to the action o It is a judgment rendered in favor of a party to an
3. Amendment of the pleading with leave (s3r10) action, on motion therefor, where an answer fails
2. The claim against the third party Substantial amendment to tender an issue, or otherwise admits the
defendant must belong to the original Requirements: material allegations of the adverse party’s pleading
defendant 1. Motion Basis:
3. The claim of the original defendant 2. Notice o Exclusively upon the allegations appearing in the
3. Opportunity to be heard pleadings
against the third-party defendant must
Substantial amendment in the cause of action or defense Nature:
be based upon the plaintiff’s claim allowed under s3r10 if based on substantial justice and to o Admits the truth of all material and relevant
against the original defendant prevent delay allegations of the opposing party
4. The defendant is attempting to transfer Remedy in case of denial of motion for leave to amend?
1. Certiorari under 65 since the order granting the JUDGMENT ON THE SUMMARY JUDGMENT
to the third-party defendant the liability
motion is merely discretionary and for being PLEADING
asserted against him by the original A judgment rendered in A procedural device
interlocutory which is not appealable under Sec 1
plaintiff (b) of Rule 41 and it is tainted with grave abuse of favor of a party to an resorted to in order to
action, on motion avoid long and drawn out
discretion
41
therefor, where an litigations and useless
answer fails to tender an delays. Such judgment is
issue, or otherwise admits generally based on the
the material allegations of facts proven summarily by
the adverse party’s affidavits, depositions,
pleading pleadings, or admissions
of the parties
It is proper when it It is proper even if there is
appears that there is no an issue as to damages
issue between the parties recoverable
Based exclusively upon Not only based on the
the pleadings without pleadings but also upon
introduction of evidence the affidavits, depositions
and admissions of the
parties showing that,
except as to the amount
of damages, there is no
genuine issue
Available in any action Proper only in actions to
except for annulment of recover a debt, or for a
marriage or legal liquidated sum of money,
separation or for declaratory relief
Subject to the 3-day Requires a prior 10-day
notice rule (S4r15) and notice
where all the material
averments of the
complaint are admitted,
such motion may be even
made ex parte
8. Summary Judgment (r35)
Definition
1. A procedural device resorted to in order
to avoid long drawn out litigations and
useless delays. Such judgment is
generally based on the facts proven
summarily by affidavits, depositions,
pleadings or admissions of the parties
“GENUINE ISSUE” (MARINA V MARC PROPERTIES)
1. Such issue of fact which require the judgment on an entirely different subject
presentation of evidence as distinguished matter had earlier been rendered”
from a SHAM, FICTITUIOS, CONTRIVED OR
FALSE CLAIM 9. DNA Testing (s4 DNA EVIDENCE RULE 06-11-5-
Requisites SC 2007)
1. There must be no genuine issue as to any Section 1 - scope
material fact, except for the amount of a) Scope
damages 1. Civil
2. The party presenting the motion for 2. Criminal
summary judgment must be entitled to a 3. SpecPro
judgement as a matter of law b) When available
LIMITED POWER OF THE COURT TO RENDER 1. Paternity
SUMMARY JUDGMENT (MARINA V MARC 2. Filiation
PROPERTIES) 3. Support
4. Any other case where DNA evidence
1. When the facts as pleaded by the parties
are disputed or contested, proceedings is necessary
for summary judgment cannot take the Section 4 – application for dna testing
place of trial a) How to get a DNA testing order?
Summary judgment is available for both the 1. Application of any person who has a
plaintiff and defendant legal interest
Court must conduct a hearing to determine 2. Motu proprio
genuine issue 3. After due hearing
Burden of proof rests on the movant b) Requirements for the order
Even if the pleading raised an issue but the 1. A biological sample exists that is
affidavits show that it has no genuine issue, relevant to the case
summary judgment is available 2. The biological sample
SEPARATE JUDGMENTS under SECTION 5, RULE a) Was not previously subject to
36 is available if a case is not fully adjudicated on the type of DNA testing now
motion pursuant to SECTION 4, RULE 35 (IMELDA requested
MARCOS V REPUBLIC 2012) b) Was previously subject to
1. “There is nothing in this rule that DNA testing but the results
prohibits a subsequent separate may require confirmation for
judgment after a partial summary good reasons
42
 3. The DNA testing uses a scientifically
valid technique
4. The DNA testing has a scientific
potential to produce new information
that is relevant to the proper
resolution of the case
5. The existence of other factors, if any
which the court may consider as
potentially affecting the accuracy or
integrity of the DNA testing, without
need of a prior court order, at the
behest of any party, including law
enforcement agencies, before a suit
or proceeding is commenced
c) The hearing must be confined to ascertaining
the feasibility of DNA testing with due regard
to the standards set in Sec 4 A-C
d) DNA testing, issue on nullity of marriage or
legitimacy not available in a petition for
correction of entries under RULE 108 because
this rule is contemplated only for clerical
errors (BRAZA V CIVIL REGISTRAR)
Issue of DNA testing must be brought during the
proceedings otherwise waived (PEOPLE V MAGLENTE)
BURDEN OF PROOF AND QUANTUM OF EVIDENCE:
During the hearing, the petitioner must present
a) A prima facie evidence or
b) Establish a reasonable possibility of paternity
Issuance of DNA Testing Order is DISCRETIONARY
SECTION 5 – dna testing order;
a) if the requirements under SECTION 4 are
present, the court shall:
1. Order, where appropriate, that
biological samples be taken from any
person or crime scene evidence
2. Impose reasonable conditions on
DNA testing designed to protect the
integrity of the biological sample the
testing process and the reliability of
the test results, including the
condition that the DNA test results
shall be simultaneously disclosed to
parties involved in the case
3. If the biological sample take is of such
an amount that prevents the conduct
of confirmatory testing by the other
or the adverse party and where
additional biological samples of the
same kind can no longer be obtained,
issue an order requiring all parties to
the case or proceedings to witness
the DNA testing to be conducted
b) Nature of DNA testing order
1. Immediately executory and not
appealable
c) Remedy in case of issuance
1. Petition for certiorari. But it shall not be
stayed unless there is an injunctive writ
d) Will the grant of application be construed as
admission of the result?
1. NO
e) What are the possible remedies in case of refusal
to comply for DNA testing? (AGUSTIN V CA)
1. Enter a default judgment at the request
of the appropriate party
43
2. If trial is held, allow disclosure of the fact
of the refusal unless good cause is shown
for not disclosing the fact of refusal
ORDER OF DNA TESTING NOT SUBJECT OF CERTIORARI
ABSENCE GADLEJ. The proper remedy would be to await
the final judgment and appeal
Chapter XI. Pre-trial conference and modes of
discovery
A. Rules on pre-trial conference in ordinary civil
action
What is pre-trial conference?
1. It is a procedural devised used prior trial to
narrow issues to be tried, and to secure
stipulations as to matters and evidence to be
heard, and to take all other steps necessary
to and in the disposition of the case.
2. Such conferences between opposing
attorneys may be cancelled at the discretion
of the court.
3. The actions taken at the conference are made
the subject of an order which controls the
future of action
Nature: Mandatory
“last pleading” –
1. reply to the answer to the last pleading
asserting a claim
2. The expiration of the period for filing the last
pleading without it having been served and
filed (SARMINETO V SAN JUAN)
FAILURE of PLAINTIFF to move EX PARTE to set the
case for pre-trial:
1. The clerk of court shall issue a notice of pre-
trial conference (03-1-09-SC)
 2. “Within 5 days from the date of filing the When made After the last After arraignment 5. The limitation of the number of witnesses
pleading has and within thirty
reply, the plaintiff must promptly move ex been filed or (30) days the court 6. The advisability of a preliminary
parte that the case be set for pre-trial after the has acquire reference of issues to a commissioner
conference. IF the plaintiff fails to file said expiration of jurisdiction over
the period to the person of the 7. The propriety of rendering
motion within the given period, the branch file the same accused 1. Judgment on the pleadings
COC shall issue a notice of pre-trial Consideration Yes, it is an No, it is not
of amicable important included as one of 2. Summary judgment
What is the proper action of the court in case of a
pending MTD during pre-trial conference?
settlement objective its purposes 3. Dismissing the action should a
Agreements Not required Shall be reduced in
1. Resolve the MTD first (CORPUS V and to be signed writing and signed
ground therefore be found to
OCHOTORENA) admissions by the parties by the accused exist
and their and counsel;
Consolidation of cases available despite pre-trial in counsel. They otherwise, they
8. The advisability or necessity of
once case has already been conducted: (VILLARICA are contained cannot be used suspending the proceedings
PAWNSHOP V SPS. GERNALE) in the record against the
of pre-trial accused.
9. Such other matters as may aid the
1. So that the evidence already presented in the and the pre- prompt disposition of the action
former case will no longer have to be trial brief
Court-annexed mediation part of pre-trial;
presented in the latter. Sanctions for Plaintiff – will If the counsel for
non- result to the the accused or mandatory; purpose (FIESTA WORLD MALL CORP
2. To avoid the possibility of conflicting appearance; dismissal of prosecutor does V LINDBERGH PHILIPPINES)
decisions rendered by courts in two to whom the case WITH not appear, and
or more cases which would imposed PREJUDICE does not offer an 1. A trained and accredited mediator of the
unless acceptable excuse Philippine Mediation Center (PMC)
otherwise require a single judgment otherwise for lack of
Pre-trial under rule 18 is applicable in Tax cases (s1r11 ordered by cooperation, the tackles the case for 30 days and if
AM 05-11-07-CTA) the court court may impose mediation ends in a settlement, either a
proper sanctions
Factors to be considered in a MOTION FOR DEFENDANT – and penalties 1. compromise agreement,
POSTPONEMENT OF PRE-TRIAL (The Philippine Ex parte 2. joint motion to dismiss the case
American Life and General Insurance Company V presentation
of evidence by the parties, or
Enario) 3. manifestation of the plaintiff that
1. The reason of postponement
the civil claim has been satisfied,
2. The merits of the case Nature and purpose (SEC 2) 1. is submitted to the court for
PRE-TRIAL CIV V CRIMINAL 1. The possibility of amicable settlement or approval
PRE-TRIAL PRE-TRIAL of a submission to ADR Lawyers are allowed to attend mediation
CIVIL (R18) CRIMINAL (R118) 2. The simplification of the issues
How By ex parte Ordered by the proceedings and their role is that of an adviser,
commenced motion of court. 3. The necessity or desirability of consultant or free legal aid counselor for indigent
plaintiff amendments to the pleadings litigants particularly in drafting of the
No motion
Or by notice of necessary 4. The possibility of obtaining stipulations or compromise agreement or they can be mediators
Clerk of Court admissions of facts and of documents to themselves (AM NO 04-3-05 and Bar matter 2010
avoid unnecessary proof
44
Cases which are mediatable Primary intention of pre-trial conference (CALTEX foregoing shall have been
1. All civil cases V CA) completed
2. Settlement of estate 1. To insure that the parties properly raise 2. What are the effects of failure to appear?
3. Case cognizable by the Lupon all issues necessary to dispose of a case. 1. The court shall strictly impose
Tagapamayapa 1. The parties must disclose during sanctions for non-appearance
4. Cases covered by the Rule on Summary the same all issues they intend to during mediation, judicial dispute
procedure raise during trial resolution, and/or preliminary
5. Civil aspect of imprudence and  Except those involving conference before the Branch
negligence under Title 14 of the RPC privileged or impeaching Clerk of court as these are
6. Family law issues, such as matters mandatory parts of pre-trial
1. Support Delimitation of the issues are binding on the 3. What are the allowable motions relating
2. Custody parties to pre-trial?
3. Visitation Motion for judgment on the pleadings and 1. Summary judgment and
4. Guardianship of minors summary judgment not only available during pre- judgment on the pleadings
5. Property matters trial, but even before pre-trial 2. Amendments to pleadings
7. In criminal cases, the civil aspect or claim Non-appearance of a party may be excused if a including dropping of parties
for damages for valid cause is shown. What constitutes a valid 3. Suspension of proceedings
1. Bp22 ground to excuse litigants and their counsels at 4. Dismissal under Rule 16, save for
2. Simple theft the pre-trial is subject to the sound discretion of a lack of jurisdiction over the
3. Libel judge. subject matter of the case
4. Estafa Pre-trial pursuant to AM NO 11-6-10-SC 4. When to resolve the motion?
Matters which cannot be compromised GUIDELINES FOR LITIGATION IN QUEZON CITY 1. The courts must resolve said
1. Civil status of persons TRIAL COURTS motions not later than 30 days
2. Validity of marriage 1. What does the order of pre-trial contain after submission. Pre-trial shall
3. Legal separation in litigation in QC Trial courts? only be conducted after such
4. Ground for legal separation 1. Referral to PMC for mandatory resolution
5. Future support mediation Requirements of appearance in case of juridical
6. Legitime 2. A setting for judicial dispute entity:
7. Jurisdiction resolution 1. Board resolution accompanied by a
Issue on the application of S2r18 is rendered 3. A preliminary conference before secretary’s certificate to:
moot and academic if there is already a final and the Branch Clerk of Court. The 1. Represent the corporation in the
executory decision (ALBAY ELECTRIC pre-trial proper before the court proceedings
COOPERATIVE V SANTELICES) must take place only after all the 2. To appear for and in its behalf

45
 3. To sign and submit pleadings and APPEARANCE OF PARTIES: (ABSOLUTE Who may receive evidence ex parte?
documents MANAGEMENT CORP V METROPOLITANK BANK Requirement?
4. To attend pre-trial conferences AND TRUST COMPANY) 1. S9r30: “in default or ex parte hearings,
and subsequent hearings o GR: LAWYER and CLIENT shall appear and in any case where the parties agree
5. To enter into stipulation of facts during trial in writing, the court may delegate the
6. Amicable settlement and approve o EXPN: reception of evidence to its clerk of court
the same  If “SPECIAL AUTHORITY” in WHO IS A MEMBER OF THE BAR”
7. To undergo mediation and writing is given to a Clerk of court cannot demand payment of
8. Other alternative dispute representative in behalf of the commissioner’s fee for the reception of evidence
resolution client ex parte (MANUAL FOR CLERKS OF COURT)
Effect of failure to appear during pre-trial  The lawyer may also undertake to Who may be entitled to commissioner’s fee?
conference: appear not only as an attorney 1. Must not be an employee of the court.
but also in substitution of the Under Section D(7) Chapter IV of the
client’s person Manual for clerks, the court shall allow
PLAINTIFF DEFENDANT POSSIBLE REMEDIES OF DEFENDANT the commissioner, other than an
1. He will be declared 1. Allow the plaintiff employee of the court, such reasonable
BEFORE AFTER JUDGMENT AFTER
non-suited to present his JUDGMENT BUT BEFORE FINALITY compensation as the circumstances of the
evidence ex-parte FINALITY case warrant to be taxed as costs against
2. It will be CAUSE for The order allowing 1. m4r of the 1. Petition the defeated party or appointed as justice
dismissal of the action the plaintiff to judgment for relief
2. The court will requires”
present evidence 2. MNT on the (r38)
3. The dismissal is
render judgment on ex parte is ground of fraud, 2. Petition Pre-trial brief (s6)
WITHOUT prejudice to the basis thereof INTERLOCUTORY. accident, mistake for 1. Amicable settlement
the COUNTERCLAIM Hence, the remedy or exucable annulment
would be: negligence (r37) of
2. Facts
raised by the defendant
judgment if 3. Issues
which can be
1. m4r 3. If either is the remedy 4. Documents or exhibits to be presented
prosecuted in the same 2. r65 certiorari if denied: of M4R,
or another case tainted with gadlej a. Appeal MNT,
(no evidence shall be allowed to be
the APPEAL, OR presented and offered during trial in
NATURE OF judgment RELIEF is no support of a party’s evidence in chief
DISMISSAL: WITH longer
other than those that had been earlier
PREJUDICE b.65 cert available
if GADLEJ 3. 65 cert identified and pre-marked during pre-
4. trial, except if allowed by the court for
Collateral
good cause shown)
attack

46
 5. Discovery procedures or referral to
commissioners
6. The number and names of witnesses, the
substance of their testimonies, and the
approximate number of hours that will be
required by the parties for the
presentation of their respective
witnesses
Relaxation of Sec 5 and 6 of Rule 18 on filing of
pre-trial brief: “HEAVY PRESSURE OF WORK” not
sufficient to excuse the plaintiff in filing pre-trial
brief (OLAVE V MISTAS)
Failure of BPI to file its pre-trial brief with RTC
and provide Dando with a copy thereof within the
prescribed period was only a procedural lapse.
BPI did not manifest an evident pattern or
scheme to delay to disposition of the case or a
wanton failure to observe a mandatory
requirement of the rules.
1. Accordingly, the ends of justice and
fairness would be best served if the
parties are given the full opportunity to
thresh out the real issues and litigate
their claims in a full-blown trial. Besides,
Dando would not be prejudiced should
the RTC proceed with the hearing of the
case as he is not stripped of any
affirmative defenses nor deprived of due
process of law (BPI V DANDO)
B. Judicial affidavit rule (Sec 2 of Am. No. 12-8-8-
SC) on the submission of judicial affidavit before
pre-trial conference
SUBMISSION OF JUDICIAL AFFIDAVIT BEFORE
PRE-TRIAL (SEC 2 AM NO 12-8-8-SC)
1. How served?
 Personally
 By licensed courier service
2. When to file judicial affidavit of the
witness?
 Not later than 5 days before pre-
trial or preliminary conference or
the scheduled hearing with
respect to motions and incidents
3. Effect:
 The judicial affidavits shall take
the place of such witness’ direct
testimonies
4. Contents:
 The parties documentary or
object evidence, if any which
should be attached to the judicial
affidavits and marked as Exhibits
A, B, C and so on in case of the
plaintiff, and as exhibits 1, 2, and
3 and so on in case of the
respondent or defendant
When there is now answer, there is no need for a
pre-trial, preliminary conference or hearing
The attachments of documentary or object
evidence to the affidavits is required when there
47
would be a pre-trial or preliminary conference or
scheduled hearing
What are the duties of the party in case of
original document or object evidence? Should a
party or a witness desire to keep the original
documents or object evidence in his possession, he
may, after the same has been identified, marked as
exhibits, and authenticated,
1. Warrant in his judicial affidavit that the copy
or reproduction attached to such affidavit is
a faithful reproduction of that original
2. In addition, the party or witness shall bring
the original document or object evidence for
comparison during the preliminary
conference with the attached copy,
reproduction or pictures, failing which the
latter should not be admitted
May the part present secondary evidence in lieu of the
original?
1. Yes, as expressly provided by the rule, “this is
without prejudice to the introduction of
secondary evidence in place of original when
allowed by existing rules”
What are the contents of the records of pre-trial (s7)
1. The matters taken up in the conference
2. The action taken thereon
3. Amendents
4. Agreements or admissions
5. The definition and limitation of issues to be
tried should the action proceed to trial
 The contents of the order shall
control the subsequent course of
action, unless modified before trial
to prevent manifest injustice
Draft of the Revised Rules of Civil Procedure (AM 14- Rules on pre-trial conference in Environmental cases
3-02-SC) on pre-trial conference before a face to face
or alternate trial

48
 ENVIRONMENTAL SUMMARY ORDINARY
Rule 3 Section 7 Rule 18
When field Within 2 days after the filing of the answer to the counterclaim or cross-claim Not later than 30 days after the last ANSWER has been After the last pleading has been filed
filed, a preliminary conference shall be held
Who files The branch clerk or court Same as ordinary (?) The plaintiff or the clerk of court
“the rules on pre-trial in ordinary cases shall be
applicable
How filed Notice of pre-trial Motion OR notice of pre-trial Motion OR Notice of pre-trial
Period imposed to the court to resolve 2 months from the date of the first pre-trial conference
Sanctions for failure of a party to appear Plaintiff: the court shall not dismiss the complaint except upon REPEATED AND UNJUSTIFIED Plaintiff: shall be a cause for dismissal of his complaint; Plaintiff – will result to the dismissal of the case
failure of the plaintiff to appear (WITHOUT PREJUDICE) defendant shall be entitled to judgment on his WITH PREJUDICE unless otherwise ordered by the
counterclaim court
Defendant:
Court SHALL receive evidence ex parte Defendant: plaintiff shall be entitled to judgment DEFENDANT – Ex parte presentation of evidence of
except when there are two or more defendants sued plaintiff
under a common cause of action who had pleaded a
common defense and at least one shall appear
Contents of pre-trial brief 1. Amicable settlement 1. Amicable settlement
2. Facts 2. Facts
3. The legal and factual issues to be tried or resolved. For each factual issue, the parties shall 3. Issues
state all evidence to support their positions thereon. For each legal issue, parties shall state 4. Documents or exhibits
the applicable law and jurisprudence supporting their respective positions 5. Manifestation of their having availed of their
4. Documents or exhibits presents, including depositions, answers to interrogatories and intention to avail themselves of discovery
answer to written request for admission by adverse party, stating the purpose thereof procedures or referral to commissioners
5. manifestation 6. Witnesses
6. Number and names of the witnesses
7. Clarificatory questions from the parties
8. List of cases arising out of the same facts pending before other courts or administrative
agenices

Effect of failure to file/comply with pre-trial Failure to file is tantamount to failure to appear Failure to file is tantamount to failure to appear
brief
Failure to comply may be a ground for contempt

49
D. Preliminary conference under Revised rules on Purpose? 5. To expedite the proceedings
Summary procedure 1. To narrow and clarify basic issues 6. To simplify the issues
between the parties Nature?
F. Rules on Mode of discovery under the ROC and 2. To ascertain facts relative to the issue of 1. It sounds on the sound discretion of the
Rules on Environmental cases (Rules 23-29) the case court (LANADA V CA)
What is a mode of discovery? 3. To obtain full knowledge of the issues
1. It is a device to obtain information about and facts of the case
relevant matters on the case from the 4. To avoid perjury and detection of false
adverse party in preparation for trial and fraudulent claims and defenses

50
DEPOSITION INTERROGATORIES TO PARTIES
S1R23 S1R25
By leave of court after jurisdiction has been obtained over any defendant or over Under the same conditions specified
property which is the subject of the action, or without such leave after an answer has in section 1 of Rule 23, any party
been served, the testimony of any person, whether a party or not, may be taken, at shall file and serve upon any adverse
the instance of any party, by deposition upon oral examination or written party written interrogatories
interrogatories regarding material and relevant facts
to be answered by the party served
The taking of the testimony of any person, upon oral or written interrogatories Questions in writing exhibited, that is
whether a party or not, at the instance of any party addressed to a party to an action by
an adverse party, before trial of the
action and answered in writing under
oath
51
ADMISSION BY ADVERSE PARTY
S1R26
At any time after issues have been
joined, a party may file and serve
upon any other party a written
request for admission by the latter of
the genuineness of any material and
relevant document or of the truth of
any material and relevant matter of
fact
Any statement of fact made by a
party against his interest or
unfavorable to the conclusion for
which he contend or is inconsistent
with the facts alleged by him
PRODUCTION OR INSPECTION PHYSICAL AND
OF DOCUMENTS AND THINGS MENTAL
EXAMINATION OF
PERSONS
S1R27 S1R28
Upon motion of any party In an action in which
showing good cause therefor, a the mental or physical
court may order any party to condition of a party Is
produce and permit the in controversy, the
inspection and copying or court in which the
photographing of any designated action is pending may
documents, papers, books, in its discretion order
accounts, letters, photographs, him to submit to a
objects or tangible things, not physical or mental
privilege, which constitute or examination by a
contain evidence material to any physician
matter involved in the action and
which there are in his possession,
custody or control, or
Order any party to permit entry
upon designated land or other
property in his possession or
control for the purpose of
inspecting, measuring, surveying
or photographing the property or
any designated relevant object or
operation thereon.
A. Deposition by oral examination or written
interrogatories
Definition
1. The taking of the testimony of any
person, upon oral or written
interrogatories whether a party or not, at
the instance of any party
Kinds (nature)
1. De bene esse
 Pending action
2. Perpetuam rei memoriam
 Before action
3. Deposition of minor child witness by
videotape (AM NO 00-4-07)
Kinds (manner of taking)
1. Oral examination
2. Written interrogatories
Purpose (PEOPLE V WEBB)
1. Assist the parties in ascertaining the truth
and in checking and preventing injury
2. Provide an effective means of detecting
and exposing false, fraudulent claims and
defenses
3. Make available in a simple convenient
and inexpensive way, facts which
otherwise could not be proved except
with greater difficulty
4. Educate the parties in advance of trial as
to the real value of their claims and
defenses and thereby encouraging
settlement
5. Expedite litigation
6. Prevent delay
7. Simplify and narrow down issues
8. Expedite and facilitate both preparation
and trial
Deposition in criminal cases (GO V PEOPLE);
conditional examination under s15r119
1. For the purpose of taking deposition in
criminal cases, more particulary of a
prosecution witness who would
foreseeably be unavailable for trial, the
testimonial examination SHOULD BE
MADE BEFORE THE COURT, OR AT LEAST
BEFORE THE JUDGE where the case is
pending as required by the clear mandate
of Section 15, Rule 119.
2. The suggested suppletory application of
Rule 23 in the testimonial examination of
an unavailable prosecution witness has
been categorically ruled out by the
Supreme Court in the case of Vda. De
Manguerra in saying that criminal
proceedings are primarily ruled by the
Revised rules on criminal procedure
(SANTAMARIA V CLEARY)
1. Deposition is available to any person
even to a non-resident foreign
corporation pursuant to s1r23
2. Deposition has a dual function:
 The right to take statements
 The right to use them in court
3. Utmost freedom is allowed in taking
depositions while restrictions are
imposed upon their use. As a result,
there is accorded the widest possible
52
opportunity for knowledge by both
parties of all the facts before the trial
Reason why leave of court is necessary before the
answer has been filed: the issues are not yet
joined and the disputed facts are not clear
(GEORG V HOLY TRINITY)
Remedy to compel the attendance of a witness:
SUBPOENA
Limitation on the taking of deposition: shall be
taken only in accordance with the Rules
Effect if deposition does not conform to the
requirements of the law: its taking should NOT
be allowed (LANDOIL INTERNATIONAL CO V
MANGUNDADATU)
Depositions may be applied by a non-resident
party
Under certain conditions and for certain limited
purposes, deposition may be taken EVEN AFTER
TRIAL HAS COMMENCED (or terminated) AND
MAY BE USED WITHOUT THE DEPONENT BEING
ACTUALLY CALLED TO THE WITNESS STAND
(LANDOIL V MANGUDADATU)
No rule on the period of taking deposition
Limitations on the taking of deposition:
1. Bad faith
2. Annoying
3. Embarrassing
4. Oppressive
5. Irrelevant
6. Privileged
EXAMINATION AND CROSS-EXAMINATION (s3-18r132)
1. 3 – RIGHTS AND OBLIGATIONS OF A WITNESS
 2. 4 – ORDER OF EXAMINATION OF AN INDIVIDUAL DEPOSITIOON AT A FORMER PROCEEDING
WITNESS EXCEPTION TO HEARSAY EVIDENCE RULE
3. 5 – DIRECT EXAMINATION
(S47R130)
4. 6 – CROSS-EXAMINATION
1. The testimony or deposition of a witness
5. 7 – RE-DIRECT EXAMINATION
deceased or unable to testify, given in a
6. 8 – RE-CROSS EXAMINAATION
former proceeding, judicial or
7. 9 – RECALLING WITNESS
administrative, involving the same parties
8. 10 – LEADING AND MISLEADING QUESTIONS
and subject matter, MAY be given in
9. 11 – IMPEACHING OF ADVERSE PARTY’S WITNESS
evidence against the adverse party who
10. 12 – PARTY MAY NOT IMPEACH HIS OWN WITNESS
had the opportunity to cross-examine
11. 13 – HOW WITNESS WAS IMPEACHED BY
EVIDENCE OF INCONSISTENT STATEMENTS
him
12. 14 – EVIDENCE OF GOOD CHARACTER OF A
Deposition in case witness is aged or infirm
WITNESS (REPUBLIC V SANDIGAN)
13. 15 – EXCLUSIONS AND SEPARATION OF WITNESSES 1. If the witness is
14. 16 – WHEN WITNESS MAY REFER TO A  Aged
MEMORANDUM  Infirm
15. 17 – WHEN PARTY OF TRANSACTION, WRITING OR  About to leave the court’s
RECORD GIVEN IN EVIDENCE, THE REMAINDER jurisdiction
ADMISSIBLE
 Temporarily out of the
16. 18 – RIGHT TO INSPECT WRITING SHOWN TO
WITNESS
Philippines,
2. Leave of court may be granted
When can letters commission or rogatory be
Deposition as evidence but not a substitute for an
issued?
actual testimony (SALVES V SABINO)
1. Necessary and convenient, on application
1. Absent the 5 exceptions for the
and notice
admissibility of a deposition, the
2. On such terms and with such directions
deposition offered may be opposed and
as are just and appropriate
excluded on the ground of hearsay
3. Officers may be designated in notices or
evidence.
commissions either by name or
2. A deposition cannot be used when the
descriptive title
deponent is at hand.
4. Letters rogatory may be addressed to the
appropriate judicial authority in the
foreign country
53
 LETTER LETTER DEPOSITION V AFFIDAVIT enclosed in sealed envelopes to be
COMMISSION ROGATORY
DEPOSITION AFFIDAVIT opened as directed by the court
Definition An instrument An instrument
issued by a court whereby a Requires notice to the Does not require notice; 9. The court may make any other order
or other foreign court is other party ex parte which justice requires to protect the
competent informed of the May be taken in the form Does not need to be in
party or witness from annoyance,
tribunal to pendency of a of a question and answer such form
authorize a person case and the based on oral embarrassment, or oppression
to take name of the examination or written Duties of the officer during the taking of
depositions, or do foreign witness, interrogatories before
deposition (s17r23)
any other act by and is requested authorized persons
authority of such to cause their May be used as evidence May or may not be used 1. Put the witness under oath
court or tribunal depositions to in a pending case in a proceeding 2. Shall personally, or by someone acting
be taken in due under his direction and in his presence,
course of law
for the
record the testimony of the witness
Orders that may be issued by the court for the
furtherance of 3. The testimony shall be taken
protection of the party or deponent (s16)
justice, with an stenographically unless the parties agree
order on the 1. An order that the deposition shall not be
otherwise
part of the court taken
making the 4. All objections made at the time of the
2. That it may be taken only at some
request, to do examination to the qualifications of the
like for the designated place other than stated in the
officer taking the deposition, or to the
other, in a notice
similar case. manner of taking it, or to the evidence
3. That it may be taken only on written
To whom To a non-judicial To a judicial presented, or to the conduct of any party,
addressed foreign officer who officer of a interrogatories
and any other objection to the
will take the foreign country 4. That certain matters shall not be inquired
deposition who will direct proceedings, shall be noted by the officer
into
the taking of the upon the deposition
deposition 5. That the scope of the examination shall
5. Evidence objected to shall be taken
Rules Rules of the Rules of the be held with no one present except the
applicable requesting court foreign court subject to the objections
parties to the action and their officers or
When If the permission If commission 6. In lieu of participating in the oral
counsel
allowed of the foreign was disallowed examination, parties served with notice
country is given by the foreign 6. That after being sealed, the deposition
of taking a deposition may transmit
country shall be opened only by order of the
Leave of Not necessary necessary written interrogatories to the officer,
court
court who shall propound them to the witness
7. That secret processes, developments, or
and record the answers verbatim
research need not be disclosed
8. That the parties shall simultaneously file
specified documents or information
54
B. Deposition before Action 1. Involve matters of fact and not of law 1. The test to be applied by the trial judge in
C. Interrogatories to parties 2. Be categorical and definite determining the relevancy of documents and
Remedy in case of denial of written interrogatories: 3. Be knowingly and voluntarily made the sufficiency of their description is one of
o GR: Appeal from the adverse judgment and 4. Be adversed to the admitter’s interests reasonableness and practicality
incorporate in the appeal the grounds for otherwise it would be self-serving and (EAGKERUDGE DEVELOPMENT CORP V
assailing the interlocutory order inadmissible CAMERON GRANVILLE 3)
o Interlocutory; gadlej – certiorari Purpose of admission
WRITTEN PRODUCTION AND
Adverse party cannot be called to the witness stand 1. Where part of a statement of a party is used
INTERROGATORIES INSPECTION
UNLESS served with written interrogatories (SPS against him as an admission, the court should
A party may elicit
AFULUGENCIA V METROBANK) weight any other portion connected with the
from the adverse
statement, which tends to neutralize or
party or parties any
Judicial affidavit rule will not apply when the witness is explain the portion which is against interest
facts or matter that
the adverse party (REPUBLIC V CONJAUNGCO)
are not privileged
IMPLIED ADMISSION RULE
WRITTEN WRITTEN
1. “Each matter must be denied specifically
and the material and
INTERROGATORIES (RULE INTERROGATORIES (RULE relevant to the
25) 23) under oath setting forth in detail the reason
why he cannot truthfully admit or deny.
subject of the
Directly served to the Served to a third person
adverse party who is not necessarily a 2. The silence of defendant on the plaintiff’s pending action
party request for admission amounts to an implied Purpose: Purpose:
No officer to take Deposition officer acceptance of the facts set forth therein with To assist the parties To enable not only
deposition is required required in clarifying the the parties but also
the effect that the plaintiff’s claim stood
undisputed” (NABZABI V DESPABILADERAS) issues and in the court to discover
WRITTEN BILL OF PARTICULARS REMEDY OF THE PERSON MAKING AN IMPLIED ascertaining the facts all the relevant and
INTERROGATORIES (RULE (RULE 12) ADMISSION: Motion to be relieved of implied involved in the cases material facts in
25) connection with the
admission
Seek to disclose all Clarifying ambiguities in a case pending before
materials and relevant pleading or to state with
facts from a party sufficient definiteness the it.
allegations in the pleading E. Production and inspection of documents and things
Directed to the material Directed to the pleadings
Two modes available:
It must be shown,
and relevant facts within with ambiguous therefore that the
the knowledge of the allegations 1. Motion for production and inspection of
document and things; and
documents sought to
adverse party
2. Motion to allow entry upon a designated be produced,
place for purposes of inspection, measuring inspected and/or
D. Admission by adverse party or surveying property copied/photographed
To be admissible, an admission must: (LACBAYAN Purpose of production and inspection of documents: are material or
V SAMOY) Grant is discretionary contain evidence

55
 relevant to an issue
involved in the action
(PHILHEALTH V OUR
LADY OF LOURDES)

Hospital records of a patient are privileged not

subject to rule 27 (CHAN V CHAN)
Communications which are privileged in
character (rule 130)
1. Husband and wife
2. Attorney and client
3. Physician and patient
4. Priest and penitent
5. Public officers and public interest
6. Editors may not be disclosed the source
of published news (SHIELD LAW)
7. Voters may not be compelled to disclose
for whom they voted
8. Trade secrets
9. Information contained in Tax census
returns
10. Bank deposits

Limitation on the remedy of production and

inspection of documents and things (SOLIDBANK
V GATEWAY ELECTRONICS)
1. The inspection should be limited to those
documents designated with sufficient
particularity in the motion, such that the
adverse party can easily identify the
documents he is required to produce

56
 F. Physical and mental examination of parties H. Modes of discovery in Environmental cases
PRODUCTION AND INSPECTION V SUBPOENA G. Refusal to comply with modes of discovery (Section 12, Rule 7, Part III, AM NO 09-06-08)
DUCES TECUM Discretionary Modes of discovery available in envi cases:
PRODUCTION AND SUBPOENA DUCES TECUM Sec 3 Rule 29 – Other consequences 1. Ocular inspections
INSPECTION OF DOCUMENTS (RULE 21) o Sanctions in case of refusal to comply 2. Production and inspection of documents
AND THINGS (RULE 27)
A Mode of discovery A writ or a process of with the modes of discovery and things
compelling production of 1. Indirect contempt How can a party avail the mode of discovery of
evidence
Directed to a party litigant/s Directed against any person 2. Non-suited/default Ocular ins npection?
who may be party litigant/s 3. Dismissing the action or 1. Verified motion for the issuance of an
Can be availed of by motion Can be availed of by means of
request which is issued ex proceeding or part thereof ocular inspection order
parte 4. Rendering judgment by default a) The motion must show that an
against the disobedient party ocular inspection order is
PRODUCTION AND EXCEPTION TO 5. Arrest of the party or agent of necessary to establish the
INSPECTION OF THE BEST magnitude of violation or the
DOCUMENTS AND EVIDENCE RULE
the party
THINGS (RULE 27) (Sec 3b, RULE 13) 6. Payment of the amount of treat as to prejudice the
Type Mode of discovery When the original
reasonable expenses incurred in  Life
is in the
possession of the obtaining a court order to compel  Health or
adverse party, it is
discovery  Property
an exception to
the best evidence o The enumeration of options given to the
rule Of inhabitants in two or more cities in the
court are not exclusive; “among others”
How Through motion Through notice province
availed (CAPITOL HILLS GOLF & COUNTRY V
Knowledge Movant has no prior The party has SANCHEZ) b) It shall state in detail the place or
knowledge of the knowledge of the
documents to be contents Section 5 – failure to attend or serve answers places to be inspected
produced o Judgment by default for failure to file c) It shall be supported by affidavits
Purpose To obtain full To present
knowledge and facts secondary answer to interrogatories of witnesses having personal
from the adverse evidence for 1. An application by the proponent knowledge of the violation or
party relevant to the failure of the
issue to the case adverse party to to compel an answer is a threatened violation of
produce the condition sine qua non pursuant environmental law
original despite
notice to S1r29 (JARAVATA V KAROLUS) What is the effect of the issuance of the Ocular
inspection order?
1. After hearing, the court may order any
person in possession or control of a
designated land or property to
57
 a) Permit entry for the purpose of
 inspecting or
 photographing the
o property or any
o relevant object
or operation
thereon
What are the contents of the ocular inspection
order?
1. Specification of the person or persons
authorized to make the inspection
2. The date, time, place and manner of
making the inspection and
3. May prescribe other conditions to protect
the constitutional rights of all parties
How can the mode of discovery of production
and inspection of documents and things be
availed of?
1. By a production order issued by the court
to establish the magnitude of the
violation or the threat as to prejudice
life, health or property of inhabitants in
two or more cities or provinces
What is the effect of the issuance of the order?
1. The court may order any person in
possession or custody of any designated
material which constitute or contain
evidence relevant to the petition or
return to produce and permit their
inspection, copying or photographing by
or on behalf of the movant
What are the contents of the order for
production and inspection of documents and
things?
1. The person or persons authorized to
make the production
2. The date, time place and manner of 4.
making the inspection or production
3. May prescribe other conditions to protect
the constitutional rights of all parties
Chapter XII. Trial and other proceedings
I. Trial proper (Rule 30)
Definition
1. A judicial process of investigating and
determining the legal controversies, starting
5.
with the production of evidence by the
6.
plaintiff and ending with his closing
7.
arguments
8.
Nature
1. Adversarial; requires presentation of
9.
evidence and witnesses before the court
Kinds
1. Trial on the merits – substantive issues
2. Inverted trial (PEOPLE V SPO01 GUTIERREZ)
 Accused admitted the crime but
interposes exculpatory defenses,
10.
and the burden of jurisdiction is
now on him and he will be the first
to present evidence
11.
3. Trial in absentia (PEOPLE V ENGRACIANO)
58
 Trial without the accused due to his
unjustified absence following
arraignment and notice of trial
 S14A3 (Const) allows trial in
absentia
Consented trial in absentia
 Exceptions
1. At arraignment and plea,
whether for innocence or of
guilty
2. During trial whenever
necessary for identification
3. At the promulgation of
sentence, unless it is for a
light offense, where the
accused may appear
New Trial or trial de Novo (s1r37)
Public trial
Speedy trial - crimpro
Joint or consolidated trial – common
question of law or fact pending
Separate trial –
 in furtherance of convenience or to
avoid prejudice
 claim, cross-claim, counterclaim
third-party complaint or of any
separate issue
Trial by commissioner (s1r32)
 Written consent of both parties
 Referee, auditor, examiner
Impartial trial - without favor
 Constitutional right to speedy disposition (SECTION 8. Amicable settlement 2. Motion for postponement will be denied if
16, ARTICLE III [CONST] ) a) before the Philippine mediation center presented only on the day of trial without
b) by virtue of ADR justification
Right to speedy disposition of cases available in civil 9. Section 6, Rule 30 – when parties agree in
cases (ROQUERO V CHANCELLOR OF UP-MANILA) writing, upon the facts involved in litigation Order of trial
1. Purpose: To restore people’s faith in the and submit the case for judgement on the 1. Plaintiff
judiciary facts agreed upon, without introduction of 2. Defendant
2. The Constitution requires all lower courts to evidence 3. Third-party defendant
decide or resolve cases or matters within 3 4. Fourth-party and so on
months from the time said matter is QUANTUM OF EVIDENCE IN CIVIL CASES – 5. Defendants in Counter-claim or cross-claim
submitted for decision or resolution Preponderance of evidence (s1r133) 6. Rebutting evidence
3. The NEW CODE OF JUDICIAL CONDUCT 1. Evidence that is of greater weight or more a) What is rebuttal evidence?
(s5Canon6) mandates judges to perform all convincing, than which is offered in  Any competent evidence to explain,
judicial duties xxx with reasonable opposition to it; repel, counteract or dispose
promptness 2. probability of truth adversary’s proof.
LIMITATION ON THE AUTHORITY TO ADJOURN:  Receivable only when new matters
TRIAL HEARING
Adjournment should not be more than 30 days from have been developed by the
Limited only to Broader; includes
each adjournment (REPUBLIC V SANDIGANBAYAN) evidence of one of the parties and is
presentation of pre-trial conference,
1. Discretionary generally limited to a reply to new
evidence and hearing on the
witnesses before the motion and trial 2. The court has no power to adjourn a trial for matters
court a period longer than 7. Admission of evidence
a) 1 month for each adjournment, nor 8. Submission for decision unless the court
more than directs the parties to argue or to submit their
General rule: TRIAL IS NECESSARY TO SECURE A b) 3 months in all respective memoranda or further pleadings
JUDGMENT 3. Except if authorized in writing by the court
EXCEPTIONS a) What is sur-rebuttal evidence?
administration
1. SUMMARY PROCEDURE  Evidence in reply to or to rebut new
Duty of the litigant to postpone before the day of the
2. AMICABLE SETTLEMENT/COMPROMISE matter introduced in rebuttal
hearing; rationale (DE CASTRO V OFFICE OF THE CITY
3. RULE 16 PROSECUTOR) b) What is a memorandum?
4. RULE 17 (s1-3) 1. So that the court order its resetting and  A formal or written summary of
5. Rule 18 (s5) timely inform the adverse party of the new arguments of counsel on issues
6. Rule 34 – judgment on the pleadings date involved in a litigation
7. Rule 35 – summary judgment  NOT A PLEADING

59
 a) Sandiganbayan
SUSPENSION OF ACTION – governed by NCC b) CA
1. Art 2030 – every civil action or proceeding c) CTA
shall be suspended: d) Shari’ah appellate courts
a) If willingness to discuss a possible 4. Investigating officers and bodies authorized
compromise is expressed by one or both by the SC to receive evidence, including the
parties IBP
b) If it appear that one of the parties before 5. The Special courts and quasi-judicial bodies
the commencement of the action or a) whose rules of procedure are subject to
proceeding, offered to discuss a possible disapproval of the SC insofar as their
compromise but the other party existing rules of procedure contravene
REFUSED the offer the provisions of this rule
c) Duration of suspension shall be governed
by the rules TRIAL IN ENVIRONMENTAL CASES (Rule 4, 9-6-8)
1. When to conduct trial?
POSSIBILITY OF AMICABLE SETTLEMENT GROUND a) The judge shall conduct a continuous
FOR SUSPENSION OF AN ACTION (S1R21) trial which shall not exceed two months
from the date of issuance of the pre-trial
ISSUES RAISED IN THE TRIAL SHOULD NOT BE order
CONSIDERED, OTHERWISE 2. Can the trial period be extended?
1. IRREGULAR, a) Yes, the judge may ask the SC for the
2. INVALID AND
extension of the trial period for
3. EXTRA-JUDICIAL justifiable cause, before the expiration
of the two month period
Application of the JUDICIAL AFFIDAVIT RULE in Civil 3. Rule on submission of affidavits of witnesses
cases (12-8-8-SC); SCOPE a) In lieu of direct examination, affidavits
1. First level courts EXCEPT small claims (8-8-7) marked during pre-trial shall be
a) The MTCs presented as direct examination of
b) Shari’ah Circuit affiant subject to cross examination by
2. Second level courts the adverse party
a) RTC 4. What is the rule on one day examination of
b) Shari’ah district witness rule?
3. Appellate courts
60
a) A witness has to be fully examined in one
day, subject to the court’s discretion of
extending the examination for justifiable
reason
5. How is oral offer of evidence being done
a) After the presentation of the last
witness, only oral offer of evidence shall
be allowed, and the opposing party shall
immediately interpose his objections.
b) Bv The judge shall forthwith rule on the
offer of evidence in open court
II. Order and examination of individual witnesses
(Sec 4-7 Rule 132)
III. Offer/objection on testimony/Ruling on the
objections during trial (Section 35, Rule 132)
IV. Consolidation or severance of cases (Rule 31)
V. Trial by commissioner (Rule 32)
VI. Subpoena (Rule 21)
VII. Demurer to evidence (Rule 33)
VIII. Announcing the piloting of a new system for
speedy trial
Chapter XIII. Judgement/Final
Orders/Entry
I. Judgment/final orders/entry
Judgment defined
o A Judgment is the final ruling by a court
of competent jurisdiction regarding the
 rights or other matters submitted to it in
an action or proceeding.
o Normally synonymous with decision
Constitutional requirements of a valid judgment
(Section 14, Article 8)
o No court shall render a decision without
stating clearly and distinctly the facts and
the law which it is based
o No petition for review or motion for
reconsideration of a decision of the court
shall be refused due course or denied
without stating the legal basis therefor
Kinds of judgment
1. Judgment upon a compromise
a) What is a compromise
agreement?
 A contract whereby the
parties, by making
reciprocal concessions,
avoid a litigation or put an
end to one already
commenced
b) Requisites of a compromise
agreement (1318 NCC)
 Consent
 Object
 Cause
c) Effect of a judicial compromise:
 Force and effect of a
judgment
2. Judgement upon confession
a) Judgment based on an
affirmative and voluntary act of
the defendant himself
3. Judgment on the merits
a) A legal declaration of respective
rights and duties of the parties
4. Clarificatory judgement
a) Judgment rendered by the court,
on motion of the parties, to
remove the ambiguity of a
former judgment which is
difficult to execute and comply
5. Judgment nunc pro tunc
a) Now for then
b) To record some act of the court
done at a former time which was
not then carried into record on a
former judgment which had been
actually rendered
6. Judgment sin perjuico
a) Without prejudice to refiling
7. Rule 9 - Judgment by default (sec 3)
8. Rule 33 - Judgment on demurer to
evidence
9. Rule 34 - Judgment on the pleadings
10. Rule 35 - Summary judgments
11. Rule 36 –
61
a) Several judgments (section 4) –
against one or more defendants,
leaving an action to proceed
against the others
b) Separate judgments (section 5) –
 more than one claim for
relief is presented in an
action at any stage, upon a
determination of the issues
material to a particular
claim
 Compulsory counterclaims
12. Rule 39
a) Special judgments (section 11) –
one which requires the
performance of any act, other
than payment of money or the
sale or delivery of real or personal
property, which a party must
personally do because his
personal qualifications and
circumstances have been taken
into consideration
b) Judgment for specific acts
(section 10)
 Judgment which directs a
party to
a) Execute conveyance of
land
 b) Deliver deeds or other Entirely new decision Does not take place 1. Rule 16 section 5 - Order
documents which supersedes the or extinguish the GRANTING A MTD on the ground
original decision existence of the of
c) Perform any other acts in
original; it merely  E,f,h,i
connection therewith
serves to bolster or 2. Rule 17 Section 1 and 2
 May be performed by other adds something to
 Two dismissal rule
parties the primary decision
3. Rule 17 section 3
 Disobedient party incurs no  Order dismissing the case
liability for contempt due to fault of the
18. Alternative judgment
plaintiff
c) Final judgment (section 47) 4. Rule 18 section 5
19. Deficiency judgment – contingent claim
 Failure of plaintiff to
appear during the pre-
20. Declaratory judgment
13. Conditional judgment – indefinite; trial conference
imposes a condition before execution 5. Rule 19 section 1
21. Null and void judgment  Order denying the
14. Final and executory judgment motion for leave to
intervene
Judgments which are immediately executory 6. Rule 33 section 1
15. Void judgment 1. Judgment upon compromise  Order granting Demurrer
2. Decision in small claims to evidence
16. Amended and clarified judgment - an 3. Decision in Forcible entry and unlawful 7. Rule 37 section 1
entirely new decision which supersedes detainer  Order denying motion for
the original after a thorough study of the What is a final order? reconsideration or new
original judgment 1. An order issued by the court which trial
disposes of the subject matter in its 8. Rule 50 section 1
17. Supplemental judgment – adds entirety or terminates a particular  Order dismissing an
something to the primary decision proceeding or action, leaving nothing appeal
more to be done except to enforce by
execution what the court has Remedy in case of dismissal of final order:
AMENDED SUPPLEMENTAL determined
JUDGMENT JUDGMENT APPEAL (R41S1)
2. Examples:
Classic examples of interlocutory orders
62
1. Order of default 16. Orders for the protection of the parties
2. Order denying motion to lift order of and deponents 32. Order of injunction
default 17. Order allowing interrogatories to parties 33. Order of discharge of writ of replevin
3. Order granting amendment as a matter 18. Order granting or allowing written 34. Order for the issuance of writ of replevin
of right request by adverse party 35. Order of support pendente lite
4. Order granting or denying amendment 19. Order of production and inspection of
with leave of court documents and things Orders which are immediately executory
1. Injunction
5. Order granting or denying motion to file 20. Order allowing or denying 2. Receivership
supplemental pleading postponement of cases due to illness or 3. Accounting
6. Order granting or denying motion for bill absence of evidence 4. Support
of particulars 21. Order granting or denying consolidation 5. Such other judgments as are now or may
7. Order granting a motion to serve or severance hereafter be declared to be immediately
summons by publication or through 22. Order granting trial by commissioner executory, shall be enforceable after
extra-territorial service their rendition and shall not be stayed
8. Order granting a motion to dismiss 23. Order denying demurer to evidence by an appeal taken therefrom (s4r39)
except grounds under paragraph e f h i 24. Order denying motion for judgment on
9. Order denying motion to dismiss the pleadings Two main essential parts of a decision
25. Order denying motion for summary 1. Body
10. Order of withdrawal of complaint judgment 2. Decretal portion
through notice Requisites of a valid judgment or final order;
11. Order dismissing the case through 26. Order for clarificatory judgment Section 14, Article 8 Section 1, Rule 36
motion 27. Order granting or denying a petition for (Const)
12. Order dismissing the case due to the relief from judgment No decision shall be A judgment or final
fault of the plaintiff declared by the rendered by any order determining
court to be without prejudice 28. Order granting execution as a matter of court without the merits of the
discretion or pending appeal expressing therein case shall be in
13. Pre-trial order clearly and distinctly writing personally
the facts and the law and directly prepared
14. Order quashing subpoena 29. Order of attachment
on which it is based by the judge, stating
30. Order denying a motion for issuance of
clearly and distinctly
15. Order granting or denying application to writ of attachment the facts and the law
take deposition 31. Order denying or granting a motion to on which it is based,
quash writ of attachment signed by him and
63
 filed with the clerk of
court
What constitutes rendition of judgment
o The filing of the judgment or final order
with the clerk of court
FINDINGS OF FACT must be found in the body; it
refers to statements of facts not conclusions of
law
VOID JUDGMENT OPEN TO COLLATERAL ATTACK;
Power of the Supreme Court to review void
judgment
A decision must have something to support it;
otherwise it is a patent nullity. Hence, it shall be
struck down and set aside as void
Conflict between the dispositive portion or fallo
and opinion of the court – FALLO PREVAILS
Judgment must conform to the pleadings and
evidence presented, and the theory of the action,
otherwise illegal and void
When will be the case considered moot and
academic?
o A case becomes moot and academic only
when there is no more actual controversy
between the parties or no useful purpose
can be served in passing upon the merits
of the case
Prohibition on the filing of a second motion for
After finality of judgment it becomes immutable reconsideration is grounded on immutability of
judgment (Vergines-Suarez v Dilag)
1. EXPN:
Date of finality of judgment is the date of entry 1. extraordinary persuasive
(after the lapse of period when no m4r or mnt is reasons
filed) 2. Administrative cases involving
the discipline of judges and court
II. Doctrines and principles on judgment personnel when justified by the
a. Immutability circumstances
A judgment that has become final and executory
b. Res Judicata
is immutable and unalterable; the judgment may
A matter adjudged; a thing judicially acted upon
no longer be modified in any respect, even if the
or decided; a thing or matter settled by judgment
modification is meant to correct what is
Effect: a final judgment or decree on the merits
perceived to be an erroneous conclusion of fact
rendered by a court of competent jurisdiction is
or law, and regardless of whether the
conclusive of the rights of the parties of their
modification is attempted to be made by the
privies in all later suit and on all points and
court rendering it or by the Supreme Court
matters determined in the previous suit
Exceptions: (ABADILLA V OBRERO)
Two concepts
1. Correction of clerical errors
1. Bar by prior judgment (Sec 47 (b) Rule 39)
2. Nunc pro tunc which cause no prejudice
 Exists when, as between the first case
to any party
3. Void judgments where the judgment was rendered and
the second case that is sought to be
4. Whenever circumstances transpire after
barred, there is identity of parties,
finality of the decision rendering its
subject matter, and causes of action.
execution unjust and inequitable
Two-fold purposes (BRIONES-VASQUEZ V CA)  Requisites (ZAMORANOS V PEOPLE)
1. Former judgment must be
1. Avoid delay in the administration of
final
justice and to make orderly the discharge
2. Judgment on the merits
of judicial business
3. Court has jurisdiction over
2. To put an end to judicial controversies
subject matter and the
parties
64
 4. There must be, between the
fist and second actions,
identity of parties, subject
matter and cause of action
2. Conclusiveness of judgment (sec 47(c) Rule
39)
 Where there is identity of PARTIES in the
first and second cases, but no identity of
causes of action, the first judgment is
conclusive only as to those matters
actually or directly controverted and
determined and not to matters merely
involved therin (SSS V RIZAL POULTRY)
 Effect: ETOPES the parties from raising in
a later case the issues or points that
were raised and controverted
1. The dictum laid down in the
earlier final judgment or
order becomes conclusive
and continues to be binding
between the same parties,
the privies and successors-in-
interest, as long as the facts
of the case or incident before
the court in a later case
c. Law of the case
PCI JIMMY FORTALEZA V RAUL GONZALES)
Whatever is once irrevocably established as the
controlling legal rule of decision between the
same parties in the same case continues to be the
law of the case whether correct on general
principles or not, so long as the facts on which
such decision was predicated continue to be the Chapter XIV. Remedies before finality
facts of the case before the court
When an appellate court has once declared the of judgment or order
law in a case, its declaration continues to be the
law of that case even on a subsequent appeal, Chapter XV. Remedies after finality of
notwithstanding that the rule thus laid down may
have been reversed in other cases
judgment
d. Stare decisis et non quieta movere Chapter XVI. Execution, Satisfaction and
A conclusion reached in one case should be
applied to those that follow if the facts are
effect of judgment (Rule 39)
substantially the same, even though the parties
may be different
Like cases should be treated alike
Stand by decisions and disturb not what is settled
III. Modes of service of judgment, final orders or
resolution (sec 9 Rule 13)
Service is the act of providing a party with a copy
of the pleading or paper concerned
How will judgment or final order be served?
o Personally
o Reg mail
o Publication, if a party summoned by
publication has failed to appear
Service of judgment to counsel who is already
dead is defective
o Upon the death of the lawyer, the
lawyer-client relationship between him
and the client ceases (BELEN V CHAVEZ)
65