COMPILED BY: ARMANDO G.

HERMOGENO

Remedial law Branch of law which prescribed the Constitutional Courts Statutory Courts
method of enforcing the rights or obtaining Supreme Court Court of Appeals
redress for their invasion Sandiganbayan
Procedural law Adjective law which prescribed rules and CTA
forms of procedure in order that courts RTC
may be able to administer justice. MTC, MeTC, MCTC
Constitutional to Promulgate rules concerning the
promulgate rules protection and enforcement of
and procedure constitutional rights, pleading, practice in Venue Jurisdiction
all courts, the admission to the practice of Place where the case is to Authority to hear and determine
law, the integrated bar and legal be heard and tried the a case
assistance to the underprivileged Procedural law Substantive law
Exception 1. The rule shall provide a simplified and Relationship between Establish a relation between the
inexpensive procedure for the speedy plaintiff and defendant or court and the subject matter
disposition of cases petitioner or respondent
2. shall be uniform in all courts of the Maybe conferred by the act Fixed by law and cannot be
same grade or agreement of the parties conferred by the parties
3. Shall not diminish, increase or modify Can be waived Cannot be waived
substantive right.
Application of the SC,CA,Sandiganbayan,CTA,RTC,MTC
COMMENCEMENT OF A CIVIL ACTION
ROC
Commencement of By filing of the original complaint in the court
Judicial Power Judicial power shall be vested in one
an action (effect: filing in court tolls the prescriptive
Supreme Court and all other courts as period)
may be established by law Action Is a suit filed in the court for the protection and
Judicial Power: Includes the duty of the court of justice to enforcement of a right and prevention and
Definition settle actual controversies involving rights redress of wrong
which are legally demandable and Cause of Action Delict or wrongful act or omission committed
enforceable and to determine whether or by the defendant in violation of the primary
not there has been a grave abuse of rights of the plaintiff.
discretion amounting to lack or excess in Right of Action Remedial right or right to relief granted by law
jurisdiction on the part of any branch or to a party to institute an action against a
person who has committed a delict or wrong
instrumentality of the government.
Basis of Cause of Must be based on every cause of action
Applicability of the Civil Actions (Ordinary or Special both Action in civil
ROC governed by the ROC) actions
Criminal Action Basis of Cause of Right of the state to institute an action arises
Special Proceedings Action in criminal from a violation of an act or omission
Civil action A party sues another for the protection actions punishable by law.
and enforcement of a right or the Basis of Cause of Merely an exercise of privilege provided by law
prevention of a redress of a wrong Action in special or statue to establish a right status or
Criminal Action The state prosecutes a person for an act proceedings particular fact
Real Action Brought for the protection of real rights, lands,
or omission punishable by law
tenements, or hereditaments, or one founded
Special Remedy by which a person seeks to on private only
proceeding establish status, rights and a particular -action affecting title to or possession of real
fact. property or interest therein
Exception Cadastral, land registration, election Personal Action Not founded on privity of real rights or real
cases, naturalization and insolvency property. Example: action for specific
Other cases: impeachment, labor cases performance
Exception to the Suppletory in character Action in rem Not directed only to a particular person, but
exemption Whenever practicable and convenient against the thing itself and the object of which
is to bar indifferently all who might be minded
to make any objection (binding in the whole
world)
Judge Court Action in Directed against particular person on the basis
Public officer who exercises Is a tribunal clothed with Personam of their personal liability to establish a claim
the power of the court in the power and authority to against them and the judgment wherein is
dispensation of justice entertain and resolve legal binding only upon the parties impleaded or the
disputes between the parties successor in interest
to carry out the dispensation Action in quasi rem Directed against a particular person but the
of justice in accordance with purpose of which is to bar and bind not only
law said person but other person who claims any
interest in the property right subject to the suit.
Temporary in status Permanent in character

1
 COMPILED BY: ARMANDO G. HERMOGENO
FIRST STAGE
Katarungang Pambarangay Law
Katarungang – It establish a system of amicably setting
Pambarangay the disputes at the barangay level.
Law
Purpose Reduce the number of court litigations and
prevent the deterioration of the quality of
justice which has been brought about by the
indiscriminate filing of cases in the court
Rule of the No complaint, petition or action or
referral proceedings involving any matter within the
territory of the Lupon shall be filled or
instituted directly or indirectly in the the court
or in any governmental office for
adjudication, unless there has been a
confrontation between the parties before the
lupon chairman or the Pangkat, and that no
conciliation or settlement has been reached
as certified by the Lupon Pangkat Chairman
Exceptions  one party is the government or
any subdivision or instrumentality
thereof
 one party is a public officer or
employee and the disputes relates
to the performance of his official
function
 offenses punishable by
imprisonment exceeding 1 year
and a fine exceeding 5000
 offenses where there is no private
offended party
 disputes includes real properties
in diff cities and mun except
parties agree for a settlement
 disputes involving parties who
actually resides in the barangay of
diff cities and municipalities except
parties agree for settlement
 a party is not a resident of the said
city or municipality
Where parties  accused under detention
may go directly  person deprived of personal liberty
to the court calling for the habeas corpus
proceeding
 action is coupled by provisional
remedies such as preliminary
injunction attachment, delivery of
personal property and support
 action may be barred by statute of
limitation
 offenses with max penalty of
imprisonment exceeding 1 year
and over 5000 fine
Applies only to Natural persons
Effects of non – Dismissal (without prejudice)
referral
 the conciliation process is not
jurisdictional in requirement, so
that noncompliance therewith
cannot affect their jurisdiction
which the court has otherwise
acquired over the subject matter
or over the person of the
defendant
Remedy after  Motion to revive and comply with
dismissal the requirements
 Re – file the case by complying
the requirements
Effect of Shall have the force and effect of a final
amicable judgment of the court upon the expiration of
settlement 10 days from the date thereof unless
repudiation of the settlement or a petition
to nullify the award has been filed before
the proper court. Has the force and effect
of res judicata even if not judicially
approved
Repudiation  Vitiation of consent by force,
may arise from violence or intimidation or a petition
and will result to to nullify the award is filed before
the proper city or municipal court –
this will become sufficient basis to
file the case to the court
 Any party to the dispute may
repudiate within 10 days (prior to
the settlement) the settlement by
filing a statement to that effect with
the above grounds.
The rule on  Disputes among person actually
venue residing in the same barangay
 Residents of diff barangay but
within the same municipality
 For real property disputes the
property or any part thereof must
be located in the said barangay
 For employees disputes, the
workplace shall be located in the
said barangay
Procedure 1. Filing of the complaint (written or
oral) with the chairman and
payment of filing fee
2. Within the next working day
summon the respondent (s) with
notice to complainants
3. Mediation will commence (failure
thereto within 15 days) the lupon
will form a pangkat
4. Pangkat shall arrive at a settlement
or resolution within 15 days from
the day it convenes. Period may be
extended for another period not
more than 15 days
Effect of 1. Upon filing of the compliant the
mediation, prescriptive period shall be
conciliation and interrupted
arbitration to the 2. Prescriptive period shall resume
prescriptive upon receipt of the complainant of
period
2
 COMPILED BY: ARMANDO G. HERMOGENO
the certificate of repudiation or the
certificate to file an action
3. Interruption shall not exceed 60
days from the date of filing of the
complaint with the barangay
Execution 1. Execution by the Lupon within 6
(enforcement) months from the date of
settlement
2. After the lapse of such time, the
settlement may be enforced by
action in appropriate city or
municipal court
SECOND STAGE
Pleadings Written statement of the respective claims
and defenses of the parties submitted to the
court for appropriate judgment
Motion Is not a pleading
It is an application for a relief other than a
pleading
Pleadings  Complaint
allowed by the
 Counter –claim
ROC
 Cross – claim
 Third/fourth party complaint
 Complaint in intervention
Kinds of Initiatory – pleading filed before the court
pleadings which commence an action
 Commences an action
which contains plaintiff’s
cause of action
 Needs to be verified
 Needs a certification of
non-forum shopping
The initiatory pleadings are the following:
 Original complaint
 Permissive counterclaim
 Cross-claim
 Third party complaint
 Fourth party complaint
 Complaint in intervention
 Petitions (special actions and
proceedings)
 Statement of claims under the
rules on small claims
Responsive – pleading that respond to the
pleading of the adverse party
 Respond’s to the adverse party
pleading
 Need not be verified unless
required by the rule
 Need not contain a certificate of
non-forum shopping unless
accompanied by counter claim or
cross claim
The responsive pleadings are the following:
 Answer to the original complaint
 Answer to the permissive counter
claim
 Answer to the cross - claim
 Answer to the third party complaint
 Answer to the supplemental
pleading
 Answer to the amended pleading
 Reply to all the the answer
 Compulsory counter claim
 Compulsory counter claim
 Response in small claims case
Complaint Pleading alleging the plaintiffs cause or
causes of action
It contains:  Names and residences of the
plaintiff and the defendant must be
stated in the complaint
 Acts or omission constituting the
cause or causes of action must be
alleged
 The relief prayed for
It alleged only: Ultimate facts not legal conclusions or
evidentiary facts
Compulsory Arises out or is connected with the
counter - claim transaction or occurrence constituting the
subject matter of the opposing party’s claim
and does not require for its adjudication the
presence of third parties whom the court
cannot acquire jurisdiction
Requirements:  Within the jurisdiction of the court
both to the amount and the nature
thereof
 It may be considered compulsory
regardless of the amount for
original action filed with RTC
Permissive It does not arise out of or is not connected
Counter Claim with the transaction or occurrence
constituting the subject matter of the
opposing party claim and require for its
adjudication the presence of third party to
whom court can acquire jurisdiction
Counter counter Is a claim by the defending party against the
– claim counter claimant
Cross – claim Is any claim by one party against a co-party
arising out of the transaction or occurrence
that is the subject matter either if the original
action or of counterclaim therein
Counter cross – Claim by the defending party against the
claim original cross claimant.
Third/fourth Claim that a defending party may, with leave
party complaint of court, file against a person not a party to
the action, called the third fourth etc.
defendant, for contribution, indemnity,
subrogation or any other relief, in respects of
his opponents claims
Requisites:  Party impleaded must not be a
party to the action
 Claim must belong to the original
defendant
 Must be based on the plaintiffs
claim against the original
defendant
3
 COMPILED BY: ARMANDO G. HERMOGENO

 The defendant is attempting to Reason: jurisdiction is conferred by law,

transfer the liability to the third and lack of it affects the very authority of
party defendant. the court to take cognizance of and to
Complaint in Pleading filed with leave of court by a person render judgment in the action
Intervention who has a legal interest in the matter in Doctrine of Courts must refrain from determining a
litigation, or against either or all of the original Primary controversy involving a question which is
parties, or is so situated as to adversely affect jurisdiction within the jurisdiction of the administrative
by a distribution or other disposition of tribunal prior to its resolution by the latter,
property in the custody of the court. where the questions demands the exercise of
Answer Pleading in which a defending party sets forth sound administrative discretion requiring the
his defenses special knowledge, experience and services
Reply The office or function of which is to deny, or of the administrative tribunal to determine
alleged fact in denial or abundance of new technical and intricate matters of fact.
matters alleged by way of defense in the Effect of courts All proceedings of the court in violation of the
answer and thereby to make issue as to such violation of the doctrine and all orders and decisions
new matters doctrine reached are null and void.
Did not reply; All the new matters alleged in the answer are Doctrine of Non- No court can interfere by injunction with the
effect deemed controverted Interference or judgment or orders of another court of
Limitations on  With prior leave of court Judicial Stability concurrent jurisdiction having the power to
the pleadings  In no case to exceed 40 pages in grant the relief sought by injunction.
that may be length and double space, using the Laches Failure or neglect for an unreasonable and
filed after the size 14 font unexplained length of time, to that which by
replay exercising due diligence, should or should
Pleadings  Complaint have been done earlier; it is negligence or
allowed under  Compulsory counter claim pleaded omission to assert a right within a reasonable
the rules of in the answer time, warranting the presumption that the
summary  Cross-claim pleaded in the answer party entitled to assert it either has
procedure abandoned or declined to assert it.
Not allowed  Petition for certiorari, mandamus,
pleadings or prohibition against any Exception rather than rule.Extoppel by
under the rules interlocutory order issued by the laches
of summary court
procedure  Reply Manner of acquiring Jurisdiction
 Third party complaints and
 intervention
Pleadings  statement of claim Jurisdiction by  subject matter of the action
allowed under  response the court  over the parties
the rules on  permissive counter claim  over the issues
small claims  compulsory counter claim  over the case
 over the res of the thing
Not allowed  Petition for certiorari, mandamus,
pleadings or prohibition against any
under the rules interlocutory order issued by the Over the  Is the power to hear and
on small court OVER THE determine the general class to
claims  Reply SUBJECT which the proceedings in questions
belong.
 Third party complaints and MATTER  It is conferred by law and not by
 intervention
the acquiescence or consent of
Not allowed  counter claim
any or all parties or by erroneous
pleadings in  cross-claim
belief of the court that it exist.
petition for writ  third party complaint
 It is determined by the cause or
of amparo and  reply
causes of actions as alleged in
habeas data  pleadings in intervention
the complaint. Material averments
in the complaint and the character
Basic Concept of Jurisdiction of the relief sought.
 Question on jurisdiction may be
Definition Authority of the court to hear and decide cognizable even if raised for the
actual cases and to implement its decision first time on appeal
When to raise The general rule is that it may questioned at
the question of any stage of the proceedings Important  It is sufficient ground for the
jurisdiction? matters to dismissal of the action
consider in case

4
 COMPILED BY: ARMANDO G. HERMOGENO
of lack  It can be raised as an affirmative
jurisdiction over defense in the answer
the subject  A ground for a motion to dismiss an
matter action under the rules on summary
procedure
 Dismissal of the action motu propio
by the court
 It may be curable by amendment
when made as a matter of right
 Court may allow the plaintiff to
amend his complaint to confer
jurisdiction as a matter of right
since a motion to dismiss is not a
responsive pleading
 RTC may assume jurisdiction if the
lower court has no jurisdiction over
the case
Dismissal of the case due to lack jurisdiction
over the subject matter of the action. The
order of dismissal is considered as without
prejudice to the re-filing of the case and
cannot be subject to appeal
Over the plaintiff or petitioner
 This is acquired by the filing of the
complaint, petition or initiatory
pleading before the court by the
OVER THE plaintiff or petitioner
PARTIES Over the defendant or respondent
 By voluntary appearance or
submission to the court
 By coercive process issued by the
court to him, generally a valid
service of summons
By payment of the prescribed docket fees to
the court.
Voluntary  Is a waiver of the necessity of a
appearance formal notice. It is a submission to
the jurisdiction of the court over the
person
 One who seek the affirmative relief
is deemed to have submitted to the
jurisdiction of the court
Except:
 when it is a motion objecting to the
court jurisdiction over his person
Exception to the exception: if the motion is for
any other motion rather than to object to the
court’s jurisdiction over person he thereby
submits himself to the jurisdiction of the court.
 Special appearance is to challenge
the validity of the service of
summons
 Defendant filed a motion to dismiss
questioning jurisdiction of the court
over his person together with other
grounds is not voluntary
appearance
OVER THE  This is determined and conferred
ISSUE OF by the pleadings filed in the case by
the parties, o by their agreement in
THE CASE the pre-trial order or stipulation, or,
at times by their implied consent
ass by the failure of a party to
object to evidence in an issue not
covered by the pleadings.
 Court acquires jurisdiction over
issues not objected to by the
parties during trial though not
raised in the pleadings
OVER THE  Acquired by the act of plaintiff in
CASE filing the complaint or information
before the said court
OVER THE  Acquired through actual or
constructive seizure by the court of
RES
the thing in question, thus placing it
in custodia legis as an attachment
or garnishment or by provision of
law.
CAUSE OF ACTION
Cause of Action  It is the act of omission by which a
party violates the right of another.
 It must contain a concise statement
of the ultimate or essential facts
constituting the plaintiff cause
of actions
Elements  Legal right of the plaintiff
 Correlative obligation of the
defendant
 Act or omission of the defendant
in violation of the said legal right
– the most important element
since it is only upon the
occurrence of the last element
the cause of action arises
Absence thereto the complaint is vulnerable
to motion to dismiss on the ground of failure
to state a cause of action
Distinction  Motion to dismiss is filed within the
between lack of time for but before filing an answer.
cause of action A demurrer is filed after the plaintiff
and failure to has completed the presentation of
state cause of his evidence/rested its case
action  The failure may still be curable by
amendments of the pleading
 If the motion to dismiss is denied,
the movant shall be required to file
an answer within the balance of
the period to which he is entitled at
the time such motion was filed, but
in no case shall be less than 5
days.
 If demurrer is denied the defendant
shall have the right to present
evidence
5
 COMPILED BY: ARMANDO G. HERMOGENO
 Motion to dismiss is granted on the
ground of FSCA – the dismissal is
without prejudice to the refiling of
the action.
 Demurrer of evidence is granted,
the dismissal is with prejudice,
the same is considered as the
judgment of the merit of the case.
The remedy of the plaintiff is to
appeal from such judgment.
Consequently on appeal, if the
judgment was reversed, the
defendant shall be deemed to have
waived his right to present his
evidence
Splitting the Rule:
cause of action  If two or more suits are instituted on
the basis of the same cause of
action, the filing of one or a
judgment upon the merits in any
one is ground for the dismissal of
the other
Effects of It will result in the dismissal of the cause of
splitting of the action on the ground of litis pendentia or
cause of action res judicata
Remedy of the Defendant may file a motion to dismiss on the
defendant ground of:
 Litis pendentia (first complaint is
still pending)
 Res judicata
Consolidation of Rule:
the cause of  Is applicable if the cases are
action pending in the same judge not to
cases pending in different
branches of the same court on in
different courts.
Joinder in the A party in one pleading assert, in the
Cause of Action alternative or otherwise, as many causes of
action as he may have against an opposing
party
Condition:
 Party joining the cause of action
comply with the rules on joinder of
parties
 Does not include special civil
actions or actions governed by the
special rules
 One of the causes of action falls
within the jurisdiction of the same
court and venue lies therein
 Claims in all causes of action are
principally for recovery of money,
the aggregate amount shall be the
test of jurisdiction
Misjoinder of causes of action is not a
ground for the dismissal of the action, but
upon motion or motu propio be severed and
proceeded separately
PARTIES
Who may be Only natural and juridical persons may be
parties parties in a civil action and entities
authorized by law.
Entities  State or its political subdivision
authorized by law  Labor organization
 Partnership by estoppel
 Corporation by estoppel
 Foreign corporation under the
intellectual property code
Real party in Party stands to be benefited or injured by
interest the judgment in the suit, or the party entitles
to the avails of the suit.
 Every action must be prosecuted
and defended in the name of the
real party in interest
Interest  Material interest or an interest in
an issue and to be affected by the
judgment
 The interest of the party must be
direct and personal

Representative When the action is allowed to be
Parties prosecuted or defended by a representative
or someone acting in fiduciary capacity, the
beneficiary shall be included in the title of
the case and shall be deemed to be the real
party in interest
A representative maybe the ff:
 A trustee or an express trust
 Guardian
 Executor or administrator
 A party authorize b law or these
rules
 An agent acting on his name for
the benefit of an unknown
principal
However, in actions which are allowed to be
prosecuted or defended by a representative
the beneficiary shall be deemed the real
party interest, hence, shall be included in
the title of the case.
Rule in case Action may be prosecuted jointly by or
spouse as party in against:
an action  Jointly by husband and wife
 Except as provided by law; to wit:
 Property brought to the marriage
as his/her own
 That which acquire during the
marriage through gratuitous title
 Acquired by right of redemption
barter or by exchange with
property belonging to him
 Purchased by exclusive money of
the wife/husband
6
 COMPILED BY: ARMANDO G. HERMOGENO
Rule in case party A minor, or person alleged to be
is a minor or incompetent, may sue or be sued with the
incompetent assistance of the following representative:
 His father
 Mother
 Guardian
 If he has none, a guardian ad
litem
Indispensable  Parties in interest whom no final
party determination can be had of an
action shall be joined either
plaintiff or defendants
 A final adjudication cannot be
made in his absence without
injuring or affecting that interest.
 Is one who must be included in an
action before it may properly go
forward
 The presence of the
indispensable party is necessary
to vest the court with jurisdiction,
thus without their presence the
judgment of the court cannot
attain finality
Joinder of indispensable party is
compulsory. It is sine qua non for the
exercise of judicial power. That is when an
indispensable party is not before the court
that the action should be dismissed, for
such absence renders all subsequent
actions of the court null and void
Burden to procure Purpose:
the indispensable  Prevent the multiplicity of suits
party is on the  To include in the suits either as
plaintiff plaintiff or defendant-all person
standing in the same position
 The whole matter in dispute may
be determined once and for all in
one litigation
Necessary  One who is not indispensable but
Party who ought to be joined as party
 if complete relief is to be
accorded as to those already
parties
 or for complete determination or
settlement of the claim subject of
the action
A necessary party may be omitted in a
pleading, but the pleader shall set forth his
name, if known, and shall state why he is
omitted.
Rule in case of  The consent of one of the parties
unwilling co- who should be joined as the
plaintiff plaintiff cannot be obtained he
may be made defendant and the
reason therefore shall be stated
in the complaint.
Effects in case of a) Not a ground for dismissal of an
misjoinder or non action
– joinder of b) Parties may be dropped or added
parties by order of the court on motion or
on its own initiative at any stage
of the action
c) Any claim against a misjoinder
party maybe severed and
proceeded with separately
Parties may be added by order of the court
on motion of the party on its own initiative
at any stage of the action. If the party
refuses the remedy is to implead the
party to be indispensable
Class suit Elements of class suit:
1. Subject matter of the controversy
is one of the common or general
interest to many persons
2. The number of persons is so
numerous that it is impracticable
to join all as parties
3. Parties before the court are
sufficiently numerous and
representative as to fully protect
the interest of all concerned
4. Representatives sue or defend
for the benefit of all
** A class suit does not require commonality
or interest in the question involved in the
suit. What is required by the rules is a
common or general interest in the subject
matter of the litigation.
Derivative suit Suit in equity that is filed by the minority
shareholder in behalf of a corporation to
redress wrong committed against it, for
which the directors refuse to sue, the real
party in interest is the corporation itself
Citizen suit An action filed by any Filipino citizen in
representation of others, including minors
or generations not yet born to enforce rights
and obligation under environmental laws.
Rule on Where plaintiff id uncertain against who of
alternative several person he is entitled to relief, he
defendants may join all of them as defendant in the
alternative, although the right to relief
against one is inconsistent with the right to
relief against the other
Rule when the He may be sued as:
identity of the  The unknown owner
defendant is  Unknown heir
unknown  Unknown devisee
 By such other designation as the
case may require
Rule in case Two or more person organized without
party in an juridical personality and entered to a
action is contract the effect is:
unknown  They may be sued under the
name by which they are generally
or commonly known
7
 COMPILED BY: ARMANDO G. HERMOGENO
 Answer of such defendant must
reveal the name and address of
the person composing said entity.
Duties of Whenever party died and claims are not
counsel in case extinguish the council should:
of death of party  Inform the court within 30 days
in an action after such death (right to due
process)
 Give the names and address of
his legal representative
 Failure of the counsel to fulfill his
duty is a ground for disciplinary
action
Action of the  Heirs of the deceased may be
court allowed to be substituted for the
deceased
 He must appear and be
substituted within the period of 30
days
 If no names or no appearance
after the time specified court may
order the opposing party to
procure the appointment of an
executor or administrator for the
estate of the deceased
Transfer of  The action be continued by or
interest against the original party
 Unless the court upon motion
directs the person to whom the
interest is transferred to be
substituted in the action or joined
with the original party
Actions which  The recovery of money
may not be  Debt
brought against  Interest thereon
the executor or Except:
administrator  Action to recover real
 Recovery of personal property or
ab interest therein
 Action to recover damages for an
injury to person or property, real
personal maybe commence
Claims can be  All money claims arising from
charged against contract, express or implied
the estate  All claims for funeral expenses
 Expenses for the last sickness of
the decedent
 Judgment for money against the
decedent must be filed within the
time limited
Effect if not filed within the time limited in
the notice: barred forever. Except that they
may be set forth as counter claims in any
actions
Indigent party One who is allowed to litigate an action who
has no money or property sufficient and
available for food, shelter and basic
necessities for himself and his family. He
may do so upon ex parte application and
hearing
Effect:
 Exemption from payment of
docket or other lawful fees
 Exemption from the payment of
transcripts of stenographic notes
which the court may order to be
furnished him
BASIC CONCEPT OF VENUE
Venue Is the place where the case is to be heard
and tried
Real action  are actions involving to,
ownership or possession, or any
interest in real property
 One brought for the protection of
real rights, lands tenements, or
hereditaments or one founded on
privity of estate only
Venue in real  Shall commenced and tried in the
action proper court, which has
jurisdiction over the area wherein
the real property involved or
portion thereof is located.
 Forcible entry and detainer shall
commenced in MTC of the
municipality or city wherein the
real property involved or portion
thereof is situated.
Except:
 parties have validly agreed in
writing on the exclusive venue
thereof
Personal action One which is not founded upon the privity
of real rights or real property. An action for
specific performance is a personal action
Venue of  where the plaintiff or any of the
personal action principal plaintiffs resides
 where the defendant or any
principal defendants resides
 In the case of non-residents
defendant where he may be
found, at the election of the
plaintiff.
Mixed action When plaintiff join two causes of action
one of which is real and the other is
personal action like to annul the sale of
land recover the land, venue should be at
the place where the property is situated
regardless of the residence of the parties,
because it is treated as the real action
In case of The action may be commenced and tried
defendants is at:
non-residents  place where the plaintiff resides
8
 COMPILED BY: ARMANDO G. HERMOGENO

 property or any portion thereof is Manner of making  It shall be divided in paragraphs

situated or found the allegation so numbered ad to be readily
Non –  in cases where the law or rule identified
applicability of provides otherwise  Each shall contain a statement of
the rule  parties have validly agreed in a single set of circumstances
writing before the filing of the  Paragraph may be referred to by
action on the exclusive venue its number in all succeeding
Improper venue  court cannot motu propio dismiss pleadings
a complaint on the ground of When two or more causes of action are
improper venue since improper joined the rule is:
venue maybe waived for failure  The statement of the first shall be
to object it. prefaced by the words “first
Dismissal on the ground of improper venue cause of action”, the second by
is without prejudice to the re-filing of the “second cause of action” and so
case to the proper forum and cannot be on so forth
subject to appeal  An answer to the action shall also
contain prefaced words “an
BASIC CONCEPT OF PLEADING answer to the first cause of
action” and so on
What is included  Relief sought
Pleading defined Written statement of the respective claims in the relief  A general prayer for such further
and defenses of the parties submitted to or other relief is may be deemed
the court for appropriate judgment just or equitable
Formal  captions Court cannot grant Reason:
requirements  body relief not included  The fundamental purpose of the
 signature and address in the pleadings requirement that allegations of
 verification the complaint must provide the
 certification against forum measure of recovery is to prevent
shopping surprise to the defendant
other requirements: Gen. Rule:
 professional tax receipt number
 IBP official receipt number Court cannot grant relief not prayed for in
 Rolls of Attorney the pleadings or in excess of what is being
 MCLE Certificate of compliance sought by the party. They cannot also grant
or certification of exemption a relief without first ascertaining the
 Evidence of competent authority evidence presented in court.
in the jurat
Caption of the  Name of the court A general prayer for other reliefs just and
pleadings includes  Title of the action equitable may be awarded by the court if it
 Docket number assigned if is supported by the complaint or other
assigned pleadings by the facts admitted at the trial,
and the evidence adduced by the parties.
Title of the  Names of the parties
pleading includes  They shall all be named in the Rule on date on Every pleading shall be dated
original complaint or petition the pleadings
 In the subsequent pleadings, it Other  Signature of the party or counsel
shall be sufficient to state the requirements of representing him (signature of
name of the first party on each pleading the counsel signifies that he
side o be stated with an reads the pleading to the best of
appropriate indication when his knowledge, information and
there are other parties belief that that there is a good
 Their respective participation in ground to support it.
the case shall be indicated  State his address which should
What determines The allegation in the complaints not the not be a post office box
the nature of the caption Unsigned  Produces no legal effect,
case Pleading however, the court may in in his
The body of the  Its designation discretion allow such deficiency
pleadings includes  The allegations of the parties to be remedied if it shall appear
claims or defenses that the same was due to mere
 The relief prayed for inadvertence and not intended
 Date of the pleading
9
 COMPILED BY: ARMANDO G. HERMOGENO
for delay. Counsel may be
subjected to a disciplinary action.
Verification  Is a statement under oath. It
includes both the actual
swearing to the truth of the
statements by the subscriber and
also the certification thereto by
the notary or other officer
authorized to administer oath
Purpose  Secure an assurance that the
allegations in the petition have
been made in good faith, or are
true and correct and not merely
speculative
 It is simply a condition affecting
the form of the pleading and non-
compliance therewith is neither
jurisdictional nor does it render
the pleading fatally defective
When a pleading  Specifically required by law
must be verified  Rule
General rule:
Pleading need not be verified
Court’s action in  Order the correction of the
case of lack of unverified pleadings
verification  Act on it and waive strict
compliance with the rules in
order that the ends of justice may
be served
Lack of  Is generally not curable by the
certification submission thereof after the filing
against forum of the petition
shopping A lawyer may sign the verification – but not
the certification against forum shopping – it
must be executed by the plaintiff or any of
the principal parties and not by counsel
Effect if person  Complaint shall be dismissed
signed the since the court has no jurisdiction
verification has no over the complaint and the
authority plaintiff
Pleadings that  Petition for relief from judgment
should be verified of orders
 Petition for review from the RTC
to the CA
 Petition for review from quasi-
judicial agency to CA
 Petition for review on certiorari
from RTC or CA to SC
 Petition for annulment of
judgment or final orders or
resolution
 Complaint for injunction
 Application for appointment of
receiver
 Application for support pendente
lite
 Petition for certiorari against
COA and Comelec
 Petition for certiorari, prohibition,
mandamus, qou warranto,
complaint for expropriation,
complaint for forcible entry or
unlawful detainer
 Petition for indirect contempt
 Petition for adoption
 Petition for legal separation,
declaration of absolute nullity of
void marriage...etc.
Forum shopping  Is the act of litigants who
repetitively avail themselves of
multiple judicial remedies in
different fora, simultaneously or
successively,
 all substantially founded on the
same transactions and the same
essential facts and
circumstances
 Raising substantially similar
issues either pending in or
already resolved adversely by
some other court
 Or for the purpose of increasing
their chances in obtaining a
favorable decision if not in one
court then in another.
 An act of malpractice that is
proscribed and condemned as
trifling with the courts and
accusing their process.
 It is obligatory, it is jurisdictional.
 It shall be signed by the petitioner
or the principal party himself,
except for reasonable or
justifiable reason the party
pleader is unable to sign, he
must execute a special power of
attorney designating his counsel
of record to sign on his behalf
What contains the  That he has not therefore
certificate of non- commenced any action filed any
forum shopping claim involving the same issues
in any court or tribunal and that
there is no other pending
complain
 If there is such a pending action
or claim a complete statement of
the present status thereof
 Upon learning that the same
action has been filed and or
pending, he shall notify the court
within 5 days where the initiatory
pleading has been filed
Non – compliance thereto is not curable by
amendment
Defendant may file the motion to dismiss
When does forum  A party seeks a favorable opinion
shopping exist in another forum through means
other than appeal or certiorari
10
 COMPILED BY: ARMANDO G. HERMOGENO
 Exist when two or more actions
involved the same transactions,
essential facts, and
circumstances and raise
identical causes of action,
subject matter and issues.
 When the element of litis
pendentia are present or where a
final judgment in one case will
amount to res judicata of the
other
Dismissal of the action in consonance with
the non-compliance of certificate of non-
forum shopping through willful and
deliberate acts will result to dismissal with
prejudice and shall constitute a direct
contempt as well as a cause for
administrative sanctions.
Pleadings that  Original complaint
should contain a  Permissive counterclaim
certification  Cross-claim
against forum  Third party complaint
shopping  Fourth party complaint
 Complaint in intervention
 Petition
Elements of  Identity of parties, or at least
Forum Shopping such parties would represent the
same interest in both actions
 Identity of rights asserted and
relief prayed for the relief being
founded on the same facts
 Identity of the two preceding
particulars such that any
judgment rendered in the other
action will, regardless of which
party is successful amount to res
judicata in the action under
consideration
Litis Pendentia  A pending suit
Elements:
1. Identity of parties
2. Identity of rights asserted and
reliefs prayed
3. Identity with respect to the two
preceding particulars in two
cases
Dismissal is with prejudice
 Dismissal is considered as a final
order which bars the re-filing of
the case
MANNER OF MAKING ALLEGATIONS IN THE
PLEADINGS
Contents of the  Plain concise and direct statement
pleading of the ultimate facts on which the
party pleading relies for his claim or
defense as the case may be
 Omitting the statement of mere
evidentiary facts
 If a defense relied on is based on
law, the pertinent provisions
thereof and their applicability to
him shall be clearly stated
Rules in Rule in making allegation of judgment in a
Pleadings pleading
 By sufficiently to averring the
judgment or decision without
setting forth matter showing
jurisdiction to render it.
Rule in case of written instrument
 Alleging the substance of such
instrument or document in the
pleading
 Original or copy thereof shall be
attached to the pleading as an
exhibit, which shall be deemed to
be a part of the pleading, or said
copy may with like effect be set
forth in the pleading
Actionable  Written instrument or document on
document which the plaintiffs cause of action
or defendants defense is base
 It is a document relied upon by
either the plaintiff or defendant
The document was issued or act done in
compliance with law
Specific denial  Absolute denial – specifying each
material allegation of the fact in the
complaint, the truth of which the
defendant does not admit and
whenever practicable, setting forth
the durance of the matter which he
will rely upon to support his denial
 Partial denial – by specifying so
much of an averment in the
complaint as is true and material
and denying only the remained
 By stating that the defendant is
without knowledge or information
sufficient to form a belief as to the
truth of the material averment in
the complaint, which has the effect
of denial
If allegation is not specifically denied – it is
deemed admitted
Effects if  Deemed waived
defenses or  The court shall dismiss the claim in
objections are cases of litis pendentia, res
not pleaded judicata or court has no jurisdiction
over the subject matter
Compulsory counter claim or cross claim not
set up is barred
11
 COMPILED BY: ARMANDO G. HERMOGENO

RULES ON SMALL CLAIMS directing the defendant to submit a

verified response
Purpose of small Designed to function quickly and informally.
 Issue a notice to both parties,
claims There are no lawyers, no formal pleadings
directing them to appear before it
and no strict legal rules of evidence. Thus
on a specific date or time for
the intention of the law is very clear when
hearing, with a warning that no
it provided a period of five days from the
unjustified postponement shall be
receipt of re-assignment to hear and
allowed.
decide cases, if a motion for re-
A summon is accompanied by:
assignment of case has been granted by
 Copy of the statement of claims
the executive judge
and documents submitted by the
plaintiff
 This covers cases involving
 Copy of the response to be
payment of money where the value
accomplished by the defendant
of the claim does not exceed
The notice contain an express prohibition
200,000 exclusive of interest and
against the filing of a motion to dismiss or any
cost
other motion
Scope of the  Purely civil and claim or relief
When to file a  Defendant shall file with the court
small claims sought is solely for payment or
response and serve on the plaintiff a duly
action reimbursement of sum of money
accomplished and verified
 The civil aspect of criminal actions
response within a non-extendable
 The enforcement of barangay
period of 10 days from receipt of
amicable settlement or an
summons
arbitration award involving a
Response is accompanied by:
money claim covered by this rule
 Certified photocopies of
Sources of the  Lease
documents
Claim  Loan
 Affidavits of witnesses
 Services
 Other evidence in support thereof
 Sale
 No evidence shall be allowed
 Mortgage
during the hearing which was not
Damages arising from:
attached to or submitted together
 Fault or negligence
with the response
 Quasi-contract
If respondent  The court shall render judgment on
 Contract
failed to respond the same day, as maybe warranted
Commencement An action shall commence upon filing with
by the facts
of the action the court the following:
 Should the defendant fail to file his
 An accomplished and verified
response within the required
statement of claim in duplicate
period but appears at the date set
 Statement of claims must be
for hearing
accompanied by a certification of
 Defendant may also file a
non-forum shopping
counterclaim against the plaintiff
 Two duly certified photocopies of
that does not arise out of the same
the actionable documents subject
transaction or occurrence,
of the claim, as well as the affidavit
provided that the amount and
of the witnesses and other
nature are within the coverage of
evidences to support the claim
the rules and pay for prescribed
 A joinder may join in a single
docket and legal fees
statement of claim one or more
Rules on  They shall appear on the
separate small claims against a
appearance of designated date of the hearing
defendant provided that the total
the parties personally
amount shall not exceed 200,000
 Appearance through a
exclusive of interest
representative must for a valid
Action of the  Determine that the case falls under
cause
court this rule, otherwise, by itself,
 Representative of an individual
dismiss the case outright on any
party must not be a lawyer and
grounds apparent from the claim
must be related to the individual
for the dismissal of a civil action
party
If no grounds for dismissal the court
 Juridical entities shall not be
shall:
represented by a lawyer in any
 Issue summon on the day of
capacity
receipt of the statement of claim,

12
 COMPILED BY: ARMANDO G. HERMOGENO
 The representative must be
authorized under a special power
of attorney to enter into amicable
settlement of the dispute and enter
to stipulations or admission of facts
 If both parties did not appear the
claim shall be dismissed with
prejudice to both claims and
counterclaim
Plaintiff’s failure  Cause for the dismissal of the
to appear claim without prejudice
 The defendant who appears shall
be entitled to judgment on a
permissive counterclaim
Defendant failure to appear (refer to section
12)
Postponement  Party may avail only one
postponement, in case of physical
inability of the party to appear in
the court in a specified time
Judge should  Exert efforts to bring parties to an
amicable settlement
 Any settlement or resolution shall
be reduced in writing, signed by the
parties and submit to court for
approval
 Settlement discussion shall be
strictly confidential
 In case of failure of settlement the
hearing shall proceed in an
informal and expeditious manner
and be terminated within one day
Available option  Parties may move in writing to
of the parties have another judge to hear and
decide the case
 Reassignment of the case shall be
done in accordance with the rules
 The referral shall also be done in
one day
 The new judge shall hear and
decide the case within five working
days
Decision/court  Render decision on the same day
base on the facts establish
 Decision shall immediately be
entered by the COC in the court
docket for a civil case and copy
thereof forthwith served to the
parties
 The decision is final and
unappeable
Remedy of the aggrieved party is to file
 A Petition for certiorari.
If decision is in favor of the plaintiff
 Execution shall issue upon moton
Sample complaint
Republic of the Philippines
Regional Trial Court
Makati City
Branch
Mr. A., Plaintiff
Vs. Civil Case No.___
Mr. B, Defendant For: Payment of Money
x------------------------x
COMPLAINT
The plaintiff come to this Honorable Court most respectfully avers:
1. That the plaintiff is of legal age, Filipino citizen, with postal
address at 1516 Maganda St., Masipag, Makati City
2. The defendant B, of legal age, a Filipino citizen, with
postal address at 1415 Masaya St., , Malungkot, Makati
City where summons maybe served and other processes
of this Honorable Court
3. That sometime on June 2016 plaintiff ordered 200 crates
of apples amounting to 810,000 to the defendant. Order
contains conditions that half payment upon order shall be
given and a full payment upon delivery of the item, within
10 days. “Order slip is attached as Annex A”, receipt of
half payment is Attached as Annex B
4. That half payment has been given but no delivery has
been received by the plaintiff to date.
5. That plaintiff through his counsel sent a repeated demand
orally and in writing to the defendant to pay for the amount
given with corresponding interest and other changes but
to no avail. Demand letters is attached as annex C
6. That as a result of unwarranted and unjustifiable refusal
of the defendant to pay the plaintiff the said amount and
interest, he suffered sleepless nights, serious anxiety in
which he should be awarded with 100,000 as moral
damages and to set an example to the public 100,000 as
exemplary damages.
WHEREFORE, premise is considered, it is most respectfully
prayed unto this Honorable Court, after hearing, judgment be
rendered as follows:
1. Ordering the defendant to pay the plaintiff the amount
of 405,000 the amount of half payment and
corresponding 12% interest starting from the time of
demand
2. Ordering the defendants to pay plaintiff 100,000 for
moral damages and 100,000 exemplary damages
3. Ordering the defendants to pay the cost of suit and
all other reliefs as may be deemed just and
practicable
Manila for Pasig City July, ____, 2017
MR. X (Counsel)
13
 COMPILED BY: ARMANDO G. HERMOGENO

Third Stage Cooperative not exempt from payment of

docket fees
Concepts of Commencement of Civil Action
Exempt from  Writ of kalikasan
payment of  Continuing mandamus
A civil action is deemed commenced by filing of the
docket fees
original complaint with the clerk of court plus the payment of the
Raffle of the  Raffle is the exclusive method of
corresponding docket and other legal fees.
Case assigning the cases among
several branches of a court in a
If an additional defendant is impleaded in a later pleading, judicial station.
the action is commenced with regard to him on the date of filing of 2 fold purpose:
such pleading, irrespective of whether a motion for its admission if 1. To equalize the distribution of
necessary is denied by the court. cases among several branches,
and foster the courts policy of
 Failure to attach all pleadings and documents, by itself, is promoting speedy and efficient
not sufficient ground to dismiss a petition. disposition of cases
Commencement Filing with the court the following 2. To ensure the impartial
of small claims  Accomplished and verified adjudication of cases and thereby
settlement of claim obviate any suspicion regarding
 Certificate of non-forum shopping assignment of cases to
 Two (2) duly certified photocopies predetermined judges
of the actionable documents as
well as the affidavits of the Efficient Paper Application:
witnesses and other evidence to Rule  The rule shall apply to all courts
support the claim and quasi – judicial bodies under
the administrative supervision of
Payment of  A court acquires jurisdiction upon the Supreme Court
docket fees payment of required docket fees. Format:
 Upon filing of the pleading or other  Pleadings, motions, and similar
application which initiates an papers intended for those court
action or proceeding, the fees and quasi-judicial body’s
prescribed therefore shall be paid consideration and action shall be
in full written in single space with 1 ½
But, the court made a liberal interpretation of space between paragraphs using
the rule by allowing a late payment of the readable font style of the parties
docket fee as long as it should not be made choice, of 14 size font, and on a
beyond the action’s prescriptive period. 13 inch by 8.5 inch white bond
paper
Effects of non- The court did not acquire jurisdiction over the Margins and prints:
payment of case and the said complaint shall not be  Left hand margin of 1.5 inches
docket fees admitted or accepted. from the edge; upper margin of 1.2
inches from the edge; a right hand
Not required in case supplemental complaint margin of 1.0 inch from the edge;
Rules on Pauper Party may be authorized to litigate his action, and a lower margin of 1.0 inch from
Litigant claim or defense if the court is satisfied that the edge. Every page must be
the party is one who has no money or consecutively numbered.
property sufficient and available for his basic
needs. Number of Supreme Court
Copies  One original copy (properly
A pauper is not really a poor but he has no marked) and four copies, unless
property or income sufficient for his support the case is referred to the court en
aside from his labor, even if he is self- banc – 10 additional copies
supporting when able to work and in En banc
employment.  Submit only two set of annexes,
one attached to the original and the
A party allowed to prosecute as an indigent other as extra copy
shall be exempted from payment of docket Division
and other lawful fees and of the transcript of  Parties need to submit also two
stenographic notes but this shall constitute a sets of annexes, one attached to
lien on any judgment favorable to the said the original and the other an extra
litigant. copy
14
 COMPILED BY: ARMANDO G. HERMOGENO

All members of the court shall share the
extra copies of annexes in the interest of
economy of paper
Court of Appeals and Sandiganbayan
 One original (properly marked)
and two copies with their annexes
Court of Tax Appeals
 One original (properly marked)
and two copies with annexes.
 On appeal to the en banc one
original (properly marked) and 8
copies with annexes
Other courts
 One original (properly marked)
with stated annexes attached to it.
BASIC CONCEPT OF SUMMONS
 Name of the court and parties to
the action
 Direction when the time to answer
as fixed by the rules
 Notice that unless the defendant so
answer, plaintiff will take judgment
by default and maybe granted the
relief applied for
 Copy of the complaint and order for
appointment of guardian ad litem
shall be attached to the original
and each copy of the summons
Purpose of the service of summons
1. Is means by which the court
acquires jurisdiction over his
person. Benefit of the defendant to
afford the latter of the
opportunity to be heard

Who shall serve  Sheriff

Defined as a writ by which the defendant is notified if
summon  His deputy
the action brought against him or her. In civil action, service of
 Other proper court officer
summons is the means by which the court acquires jurisdiction over Any suitable person authorized by
the person of the defendant. Any judgment without such service, in the court issuing the summons
the absence of a valid waiver is null and void. Duty of the Server after 5 days shall:
server after the  Serve the copy of the return,
Kinds of Original Summons service personally or by mail to plaintiff’s
summons  Is the writ issued by the clerk of counsel
court upon receipt of the complaint  Return summons to the clerk who
and the payment of the requisite issued it, accompanied by proof of
docket and other lawful fees by service
which the defendant is notified of When an alias summon is served:
the action brought against him and  If summons is returned without
requiring him to file his responsive being validly serve
pleading within the period  If the summons has been lost
prescribed by the rules Modes of  Personal
Alias Summon service of  Substituted
 Writ issued by the clerk of court summons  Extra – territorial
when the original summons has
been lost or not duly served without Personal  Handing a copy thereof to the
fault on the part of the plaintiff Service of defendant in person
summons  By tendering the summons to him
Purpose of summons – so that the court may Purpose:
have jurisdiction over the person of the The essence is the handling or tendering
defendant, or the res of a copy of the summons to the defendant
himself, wherever he may be found, provided
Defendant may file a motion to dismiss for he is in the Philippines
lack of jurisdiction over the person of the
defending party Substituted  Leaving copies of the summons at
Jurisdiction 1. Voluntary appearance or Service of the defendants residence with
Acquired submission by the defendant or Summons some person suitable age and
respondent to the court discretion then residing therein
2. By coercive process issued by the  Leaving the copies at defendants
court to him generally by a valid office or regular place of business
service of human. with some competent person in
charge thereof
When can the Clerk of court may issue upon paying of the Requisites:
summons be required docket and other lawful fess to the 1. Impossibility of prompt
issued court personal service
Contents of Directed to the defendant signed by the clerk 2. Specific details in the return
Summon of court under seal and contain the following
15
 COMPILED BY: ARMANDO G. HERMOGENO
3. A person of suitable age and
discretion
4. Competent person in-charge,
who must have sufficient
knowledge to understand the
obligation of the defendant in
the summons, its importance
and pre-judicial effects arising
from in action of the
summons. It is enough that he
appears to be in charge.
Failure to comply with the requirement of
substituted service renders the service
ineffective.
Extra territorial  When defendant does not reside or
service or not found in the Philippines, and
summon by the actions affects the personal
publication status of the plaintiff or relates to
 Subject of which is the property
within the Philippines, in which the
defendants has or claims a lien or
interest, actual or contingent, or in
which the relief demand consist,
wholly or in part, in excluding the
defendant from any interest therein
 Property of the defendant has been
attached within the Philippines,
service may by leave of court be
effected out of the Philippines
It can be done through:
 By personal service
 By publication in which a
newspaper of general circulation in
such places and for such time as
the may order, in which case a
copy of the summons and order of
the court shall be sent by
registered mail to the last known
address of the defendants
 In any other manner the court may
deem sufficient
In action in rem service of summons is
through publication
 Service of summons on a non-
resident defendant who is not
found in the country is required –
not for the purpose of acquiring
jurisdiction but, simply in
pursuance of the requirement of
fair play so that he may be
informed of the pendency of the
action against him and the
possibility that the property in
the Philippines belonging to him
or which he has an interest may
be subjected to a judgment in
favor of a resident, and that he
may thereby be accorded an
opportunity to defend in the
action, if he be so minded.
Summons in To whom summons shall be served:
case entity is  Defendants by serving to any of
without juridical them
personality  Person in-charge of the office or
place of business maintained in
such name
Service upon  Upon him by the officer having the
prisoner management of such jail or
institution who is deemed
deputized as a special sheriff for
said purpose
Service upon  Upon him personally and on his
minor or legal guardian if he has one
incompetent  If none, upon his guardian ad litem,
whose appointment shall be
applied for by the plaintiff
 In the case of minor to his mother
or father.
Summons to  President
domestic private  Managing partner
juridical entity  General manager
 Corporate secretary
 Treasurer
 In house counsel
The service of summons in domestic
corporation is exclusive, it can only be upon
the persons enumerated under Sec 11 of
Rule 14 (ROC)
Summons to  Its resident agent designated in
private foreign accordance with law for that
juridical entity purpose
 If there be no such agent, on the
government official designated by
law to that effect
 On any of its officers or agents
within the Philippines
If the corporation is not registered in the
Philippines, service of summons may be
done through:
a) Personal service – coursed
through the appropriate court in the
foreign country with the assistance
of DFA
b) By publication – to the newspaper
of general circulation or by
registered mail to the last known
address of the defendant
c) By facsimile or any recognized
electronic means that could
generate proof of service.
Summons to  Solicitor General; in case of a
Public province, city or municipality
Corporations  To its executive head, or on such
other officer or officers as the law
or the court may direct
16
 COMPILED BY: ARMANDO G. HERMOGENO

 If the defendant is the Republic of Fifth Stage

the Philippines to the Solicitor Motion in General
General
Defendants  Publication in newspaper of
identity or general circulation and in such Motion is an application for relief other than pleading
whereabouts is places and for such time as the Kinds of  Motion Ex-parte – is a motion made
unknown court may order. motion without the presence or a notification
Publication in summons for an action in to the other party because the
personam is allowed through publication. question generally presented is not
Service to a  It may be done through the leave of debatable
person court Example: set the case for pre-trial conference;
temporarily not How can a party ask for leave of court extension of time to file pleadings
in the  Motion in writing  Motion of course – it is a motion
Philippines  Supported by affidavit of the where the movant is entitled to the
plaintiff or some person on his relief or remedy sought as a matter of
behalf setting forth the grounds for discretion in the part of the court
the application  Litigated motion - motion which is
Proof of service Contents: made with the notice to the adverse
of the summons  Manner, place and date of service party to give an opportunity to oppose
Example: motion to dismiss
 Specify any papers which have
been served with the process  Non-litigated motion – motion where
notice to the adverse party and
 Name of the person who received
hearing is not required
the same
 Special motion – motion which is
 It shall be sworn to when made by
addressed to the sound discretion of
a person other than a sheriff or his
the court
deputy
Voluntary  The defendants voluntary  Oral motion – motion which is made
appearance of appearance in the action shall be in open court
the defendants equivalent to the service of  Written motion – motion formally
summons place in writing
- A voluntary appearance is a General Rule:
waiver of the necessity of formal Motion must be made in writing, except in
notice. An appearance in whatever the following instances:
form, without explicitly objecting to  Those made in an open court
the jurisdiction of the court over the  Those made in the course of a
person, is a submission to the hearing or trial
jurisdiction of the court over the Contents of  The relief sought to be obtained
person. Motion  Grounds upon which it is based
Special appearance to challenge  If required shall be accompanied by
jurisdiction of the court is not voluntary supporting affidavits and other
appearance papers
If no ground for a) Issue summons on the day of Requirements  It must be set for hearing by the
dismissal of the receipt of the statement of claim, for a valid applicant
action the court directing the defendant to submit a written motion  It is required to be heard
will (small verified response  Notice thereof shall be served in such
claims) b) The court shall also issue a notice a manner as to ensure its receipt by
to both parties, directing them to the other party as least three days
appear before it one specific date before the date of the hearing unless
and time for hearing, with a the court for good cause sets the
warning that no unjustified hearing on shorter notice
postponement shall be allowed.  Notice of hearing shall be addressed
A summon and notice is accompanied by: to all parties concerned
a) Copy of the statement of claims  It shall specify the time and date of
and documents submitted by the the hearing which must not be later
plaintiff than 10 days after the filing of the
b) Copy of the response to be motion
accomplished by the defendant  No written motion set for hearing shall
be acted upon by the court without
proof of service thereof
Non-compliance thereto will consider the
motion as a worthless piece of paper which
17
 COMPILED BY: ARMANDO G. HERMOGENO
should not be acted upon, the clerk has no right
to received it. However, the rule is not absolute
there are motion that can be decided ex-parte.
Exceptions to  When a rigid application will result in
the strict a manifest failure or miscarriage of
application of justice
the  When the interest of substantial
requirement justice be serve
of notice of  Where the resolution of the motion is
motion addressed solely to the sound and
judicious discretion of the court
 Where the injustice to the adverse
party is not commensurate with the
degree of his thoughtlessness is not
complying with the procedure
prescribed
Summary of 1. It is considered a mere worthless
the effects of piece of paper
failure to 2. The clerk of court has no rights to
comply with received
Sec 4, 5 and 6 3. The court has no right to act upon
of Rule 15 4. It is considered as a pro forma motion
5. It is considered as not filed
6. It produces no effect
7. It is a ground for the denial of the
motion
8. It presents no question which the
court could decide
9. It will not toll the running of the
prescriptive period to appeal or file
pleadings.
The three (3) day notice – the test is the
presence of opportunity to be heard as well as
to have time to study the motion and
meaningfully oppose or controvert the grounds
upon which it is based
Omnibus - Motion attacking the pleading,
motion rule order, judgment, or proceeding
shall include all objections then
available, and all objections not so
included shall be deemed waived
except those grounds mentioned
under Sec 1, Rule 9
- All available objections that are not
included in a party motion shall be
deemed waived
Example: motion to dismiss, motion to quash
complaint or information.
Grounds that  Lack of jurisdiction over the subject
are not matter
deemed  There is another action ending
waived if not between the same parties for the
raised in a same cause (litis pendentia)
motion to  Action is barred by prior judgment
dismiss or (res judicata)
answer  The action is barred by statute of
limitation or prescription
Amendment  Is an act of adding, changing,
substituting, or omitting something
from a pleading or instrument
 Correction of an error committed in
the process, pleading, or proceeding
law, or in equity, and which is done
either as of course, or by the consent
of parties, or upon motion of the court
in which the proceeding is pending.
Kinds of  Formal amendment
amendment  Substantial amendment
 Amendment as a matter of right
 Amendment as a matter of discretion
 Amendment to confer jurisdiction
 Amendment to conform to evidence
How is  By adding or striking out an allegation
amendment or the name of any party
being done?  Correcting mistake in the name of the
party
 By correcting a mistaken or
inadequate allegations or description
in any other respect, so that the
actual merits of the controversy may
be speedily be determined without
regard to technicalities, and the most
expeditious and inexpensive manner
How can an  Before a responsive pleading is
amendment served
as a matter of  In the case of a reply, at any time
right be within 10 days after it is served
made? A motion to dismiss is not a responsive
pleading.
Denial of such motion to amend as a matter
of right is mandamus under Sec 3, Rule 65,
since it is a ministerial duty of the court to allow
amendment on the pleading before the filing of
the respective pleading
Amendment  Substantial amendment maybe made
by leave of only upon leave of court
court  Court may refused if it appears to the
court that the motion was made with
the intent to delay
Remedy if motion for leave court is denied by
the court certiorari under Rule 65, since the
grant of the same is merely discretionary and
for being interlocutory which is not appealable
under Sec 1 (b) of Rule 41 and it is tainted with
grave abuse of discretion
Subject of a  A defect in the designation of the
formal parties
amendments  Other clearly clerical or typographical
errors
How formal amendments is made
 At its initiative
 Upon motion of any party, provided
no prejudice is caused thereby to the
adverse party
Distinction  Amended pleading may either be as
between a matter of right or with leave of court;
amended the filing of a supplemental
pleading and pleading is always with leave of court
supplemental  Amended pleading alleges facts
pleading that occurred before the filing of the
18
 COMPILED BY: ARMANDO G. HERMOGENO
original pleading; Supplemental
pleading alleges facts after the filing
of the original pleading
 Amended Pleading supersedes the
original pleading; Supplemental
Pleadings does not superseded the
original pleading but assumes that
the original pleading is to stand.
Requirement  A new copy of the entire pleading
of filing of an  Incorporating the amendments,
amended which shall be indicated by
pleading appropriate marks, shall be filed
Effects of the 1. It supersedes the pleading that it
amended amends
pleading 2. The admission in the superseded
pleadings may be received
3. Claims or defenses alleged therein
not incorporated in the amended
pleading shall be deemed waived
4. The admission made in the original
pleading shall be treated as an extra
judicial 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 certificate of non-
forum shopping if it is substantial
amendment of the original complaint
7. In 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.
 A new summons is not required to be
served again to a defendant who
already appeared before the court by
virtue of the summon of the original
complaint, however, a defendant who
has not yet appeared must be served
with a new summon.
Extension of  A motion for extension of time to file
time to file pleading must be filed before the
responsive expiration of the period sought to be
pleading extended. And filing therewith is
tantamount to the submission to the
court’s jurisdiction
Bill of More definite statement of fact and material
Particulars allegations in the pleadings. It is a formal and
litigated motion which must be in writing and
requires notice to the adverse party and hearing
 A party before responding to a
pleading move for a definite
statement or for a bill of particulars of
any matter which is not averred with
sufficient definiteness or particularity
to enable him to properly prepare his
responsive pleading.
Bill of  Defects complained of
Particulars  Paragraphs where they are contained
contains the  The details desired
following
The action of the court may:
 Deny
 Grant it outright
 Allow the parties the opportunity to be
heard
When to comply if the motion is granted?
 10 days from notice of the order
 Unless a different period is fixed by
the court
How to file a  In a separate pleading
Bill  In an amended pleading, serving the
particulars copy thereof on the adverse party
Effect of non-compliance.
 Order striking out of the pleading
 Order the striking the portions thereof
to which the order was directed
 Make such other order as it deems
just
Bill of particulars is prohibited in intra –
corporate controversies
Motion to  It is an application for the dismissal of
dismiss the action based on the grounds set
forth in Sec. 1 Rule 16 to be filed
before the filing of responsive
pleading.
Grounds for motion to dismiss
1. court has no jurisdiction over the
person of the defending party
2. court has no jurisdiction over the
subject matter of the claim
3. improper venue
4. plaintiff has no legal capacity to sue
5. another action is pending of the same
cause (litis pendentia)
6. barred by a prior judgement (res
judicata)
7. pleading states no cause of action
8. plaintiff’s pleading has been paid,
abandoned, waived or otherwise
extinguished
9. the claim on which the action is
founded is unenforceable under the
statute of frauds
10. condition precedents for filing the
claim has been complied with
Omnibus A motion attacking a pleading, judgment or
motion rule proceeding. Example: motion to dismiss,
because it attacks a pleading that is the
complaint.
Exceptions:
 lack of jurisdiction over the subject
matter
 another action pending between the
same parties for the same cause (llitis
pendentia)
19
 COMPILED BY: ARMANDO G. HERMOGENO
 barred by prior judgment (res
judicata)
 the action is prescribed
Certification Failure to comply with this requirement shall be
of non-forum sufficient ground for the dismissal of the petition
shopping
Rule on the  submit their arguments on the
hearing on questions of law
the motion to  submit their evidence on the question
dismiss of fact involved except those not
available at that time
 should the evidence goes to trial, the
evidence presented during the
hearing shall automatically be part of
the evidence of the party presenting
the same
courses of action by the court on the motion
 dismissing the action or claim
 deny the motion
 order the amendment of the pleading
in the denial of the motion the court should:
 not defer the resolution of the motion
for the reason the the ground relied
upon is not indubitable
 the resolution shall state clearly and
distinctly the reasons therefore
The respondent shall file his answer within the
balance period provided by the rules to which
he was entitled at the time of the serving of the
motion. Such period shall not be less than 5
days in any event.
Remedy in Appeal – since the order of dismissal is a final
case of order, and an adjudication on the merits of
dismissal of which bars the refiling of the action.
the action
For paragraphs (g), (h), (i) of Rule 16 the
remedy is refiling of the action or amendment of
the pleading depending on the grounds
Distinction  a motion to dismiss under Rule 16,
between is an omnibus motion and a litigated
motion to motion; while motion to demurrer to
dismiss and evidence under Rule 33 is a litigated
demurer to motion
evidence  a motion to dismiss has 10 grounds
mentioned under Sec 1, Rule 16;
while Motion to Demurrer to
evidence the ground is that upon the
facts and the law the plaintiff has
shown no right of relief
 Motion dismiss shall be filed before
the filing of the responsive pleading;
while a Motion to Demurrer to
evidence shall be filed after the
plaintiff has rested its case.
 Remedy in case if denial:
Motion to dismiss:
1. File an answer within the balance of
the period which is he is entitled, but
in no case less than 5 days
2. The remedy for the defendant if to
proceed with the trial, and in case of
adverse decision appeal the same
 Dismissal is either with or without
prejudice to the demurrer – the order
of dismissal is a final order since it Is
an adjudication on the merits
Dismissal by A complaint may be dismissed by the plaintiff by
the plaintiff filing a notice of dismissal at any time before
service of the answer or of motion for summary
judgment, it is without prejudice.
 The court must approve
 Upon such terms and conditions as
the court deems proper
Effects to the defendant if a counterclaim has
been filled:
 The dismissal shall be limited to the
complaint
 Without prejudice to the right of the
defendant to prosecute his
counterclaim, the nature of the
dismissal is without prejudice
Dismissal  The plaintiff fails to appear on the
due to the date of the presentation of his
fault of the evidence in chief on the complaint
plaintiff  To prosecute his action for an
unreasonable length of time
 Comply with these rules or any order
of the court
The nature of the dismissal is with prejudice
unless otherwise provided in the order of
dismissal
Intervention An act or proceeding by which a third person is
permitted to become a party to an action or
proceeding between other persons, and which
results merely in the addition of a new party or
parties to an original action for the purpose of
hearing and determining at the same time all
conflicting claims may be made to the subject
matter of litigation.
Purpose:
 Enable a stranger to an action to
become a party in order for him to
protect his interest and for the court to
settle all conflicting claims. It is
allowed to avoid multiplicity of suits
more than on due process
considerations
Intervention is allowed even beyond the period
prescribed in the Rule, when demanded by the
higher interest of justice.
Who may A person may by leave of court intervene if he
intervene? has a legal interest over:
1. Matter in litigation
2. Success of either of either of the
parties
20
 COMPILED BY: ARMANDO G. HERMOGENO

3. An interest against both, or is so  Failure to file an answer will render

situated as to be adversely affected the party in default.
by a distribution or other disposition
of property in the custody of the court Modes of
or of an officer thereof, may leave of Discoveries
court, be allowed to intervene in the
action

Duty of the Consider the following matters:

court in case  Whether or not the intervention will
of intervention unduly delay or prejudice the
adjudication of rights of the original
parties
 Whether or not the intervenor’s rights
may be fully protected in a separate
proceeding
Essential  Movant has a legal interest in the
requisite of matter in litigation
intervention  Must not unduly delay or prejudice
the adjudication of the rights of the
parties
Distinction  Intervention is an ancillary action;
between while Interpleader is an original
intervention action
and  Intervention is proper in any of the
interpleader four situations mentioned in this rule;
while interpleader presupposes that
the plaintiff has no interest in the
subject matter or has interest therein
which, on whole or in part, is not
disputed by the other parties to the
action
 In a complaint in intervention the
defendants are already the original
parties to the pending suits; while in
interpleader the defendants are
being sued precisely to implead
them.
 Intervention can be filed where the
original action is pending, while
interpleader, can be filed at the first
instance with the RTC or MTC
depending on the nature of the
property and its value
 Intervention the remedy is to appeal
the denial being a final order or file a
separate action while; in
interpleader, is to appeal the
judgment.

The motion to intervene maybe filed at any time

before rendition of judgment by the trial court,
attaching thereto copy of the motion in
intervention and served in the original parties.

 An answer shall be filed within 15

days from the notice of the order
admitting the same, unless a
different period is fixed by the court
21