Civil Procedure

San Beda College of Law
10
MEMORY A
AID IN REMEDIAL LAW
CIVIL PROCEDURE
RULE 1
GENERAL PROVISIONS '3
ACTION IN ACTION IN ACTION
Stat
Statut
utes
es regu
regula
lati
ting
ng the
the proc
procedu
edure
re of RE PERSONA #UASI IN RE
courts will be construed as applicable to
actions pending and undetermined at the :irected :irected :irected
time of their passage so long as vested against the against against
rights will not be impaired. thing itself particular particular
persons persons
Under the 1987 Constitution,
Constitution, the rule-
4udgment is 4udgment is 4udgment
maing power of the Supreme Court has binding on the binding onl# binding upon
the following limitations! whole world upon parties particular
1. shall
hall prov
provid
ide
e a simpl
implif
ifie
ied
d and
and impleaded or persons, but
ine"pe
ine"pensi
nsive
ve proced
procedure
ure for the their the real motive
speed# disposition of cases$ successors in is to deal with
%. Uniform for all courts of the interest real propert#
same grade, and or to sub/ect
&. Shal
Shalll not dimi
dimini
nish
sh,, incr
increa
ease
se or said propert#
to certain
modif#
modif# substa
substanti
ntive
ve rights
rights '(rt.
'(rt.
claims.
)*** Sec. ++.
5". ;and 5". action to 5". Unlawful
registration recover detainer or
Section 3. Cases governed. case$ probate damages$ forcible entr#$
ACTION CLAI proceedings action for /udicial
for allowance breach of foreclosure of
(n ordinar# suit in a ( right possessed b# of a will. contract mortgage.
court of /ustice one against another
0ne part# prosecutes he moment said

another for the claim is filed before a he distinction is important in
enforcement or court, the claim is determining the 55C of t he
protection of a right converted into an /udgment.
or the prevention or action or suit.
redress of a wrong. 'C
REAL PERSONAL I$ED
CLASSI!ICATION O! ACTIONS. ACTION ACTION ACTION
'( 0wnership or personal propert# is 3oth real and
ORDINAR" CIVIL SPECIAL CIVIL possession of sought to be personal
ACTION ACTION real propert# is recovered or where properties are
involved damages for breach involved
of contract are
2overned b# ordinar# (lso governed b# sought
rules ordinar# rules but ounded on ounded on privit# ounded on
SU345C to specific privit# of of contract both
rules prescribed '6ules estate
% to 71. e". (ccion 5". (ction for a sum e". (ccion
reinvidicatoria of mone# publiciana
ormal demand of Special features not with a claim
for damages
ones legal rights in a found in ordinar# civil
court of /ustice in the actions
manner prescribed b# he
he dist
distin
inct
ctio
ion
n is sign
signif
ific
ican
antt in the
the
the court or b# the determination of venue. <ith respect to
law mi"ed actions, the rules on venue of real
actions shall govern, i.e., where the real
propert# is located.
REMEDIAL LAW COMMITTEE
CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re-
Proce+"re- Alnaia Hasi$an
Hasi$an )S/ecial Ci*il Ac!ions
Ac!ions an+
S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
11
MEMORY A
AID IN REMEDIAL LAW
':
LOCAL ACTION TRANSITOR" Section +. Constr,ction.
ACTION
Genera- R,-e* ;iberal construction .
=ust be brought in a 2enerall#, must be Ece/tions*
particular place, in brought where the a. regl
regleme
ementntar
ar#
# peri
period
odss
the absence of an part# resides b. rule
rule on
on for
forum
um shop
shoppi
ping
ng
agreement to the regardless of where
contrar# the cause of action
arose
RULE 0
5". (ction to recover 5". (ction to recover CAUSE O! ACTION
real propert# sum of mone#
Section 0. Ca,se o' Action de'ined.
Section %. Co&&ence&ent o' action. Essentia- e-e&ents o' ca,se o' action
1. 5"is
5"isten
tence
ce of a lega
legall right
right of the
the
An action is co&&enced ()* plaintiff$
1. fili
filing
ng of the
the compla
complainintt 'the
'the date
date of %. Correlative legal dut dut# of the
the filing determines whether or not defendant to respect ones right$
the action
action has alread# prescribed
prescribed$$ &. (ct
(ct or omis
omissi
sion
on of the
the defe
defend
ndan
antt
and in viol
violat
atio
ion
n of thethe plai
plaint
ntif
iff
fss
%. pa#ment
pa#ment of thethe re>u
re>uisi
isite
te doc
docet
et fees
fees legal right$ and
'det
'deter
ermi
mine
nedd on thethe basi
basiss of the
the ?. Complialiance with a condition
amount
amount of the claimclaim includ
including
ing the precedent.
damage
damagess indica
indicated
ted in bod#
bod# or the
pra#er of the pleading CAUSE
CAUSE O!
O! ACTI
ACTION
ON RI
RIG2
G2T
T O! AC
ACTI
TION
ON
delict or wrongful act remedial right or right
*t is not simpl# the the filin
ling of the or omission committed to relief granted b#
b# the defendant in law to a part# to
complaint
complaint or the appropriat
appropriatee initiator
initiator#
#
violation of the institute an action
pleadin
pleading
g but also the pa#ment
pa#ment of the primar# rights of the against a person who
prescribed docet fee that vests a trial plaintiff has committed a delict
court with /urisdiction over the sub/ect or wrong against him
matter or nature of the action. he reason for the the remed# or means
action afforded or the
he court ma# allow the pa#ment of the conse>uent relief
deficient docet fee within a reasonable the formal statement right that is given @
period
period but not be#ond the applicabl
applicable
e of alleged facts the right to litigate
prescriptive or reglementar# period. because of the
occurrence of the
alleged facts
(n action can be commenced b# filing
:etermined b# facts determined b#
the
the comp
complalain
intt b# regi
regist
ster
ered
ed mail
mail.. *n as alleged in the substantive law
which case, it is the date of mailing that complaint and not the
is considered as the date of filing, and pra#er therein
not the date of the receipt thereof b#
the cler of court. RELIE! REED" SU4ECT
ATTER
he date of the filing of an amended the redress, the the thing,
complaint /oining additional defendant is protection, procedure or wrongful act,
the date of the commencement of the award or t#pe of contract or
action
action with
with regard
regard to such
such additi
addition
onal
al coercive action which propert# which
defendant. measure which ma# be is
Ac!ions an+
11
MEMORY A
AID IN REMEDIAL LAW
':
LOCAL ACTION TRANSITOR" Section +. Constr,ction.
ACTION
Genera- R,-e* ;iberal construction .
=ust be brought in a 2enerall#, must be Ece/tions*
particular place, in brought where the a. regl
regleme
ementntar
ar#
# peri
period
odss
the absence of an part# resides b. rule
rule on
on for
forum
um shop
shoppi
ping
ng
agreement to the regardless of where
contrar# the cause of action
arose
RULE 0
5". (ction to recover 5". (ction to recover CAUSE O! ACTION
real propert# sum of mone#
Section 0. Ca,se o' Action de'ined.
Section %. Co&&ence&ent o' action. Essentia- e-e&ents o' ca,se o' action
1. 5"is
5"isten
tence
ce of a lega
legall right
right of the
the
An action is co&&enced ()* plaintiff$
1. fili
filing
ng of the
the compla
complainintt 'the
'the date
date of %. Correlative legal dut dut# of the
the filing determines whether or not defendant to respect ones right$
the action
action has alread# prescribed
prescribed$$ &. (ct
(ct or omis
omissi
sion
on of the
the defe
defend
ndan
antt
and in viol
violat
atio
ion
n of thethe plai
plaint
ntif
iff
fss
%. pa#ment
pa#ment of thethe re>u
re>uisi
isite
te doc
docet
et fees
fees legal right$ and
'det
'deter
ermi
mine
nedd on thethe basi
basiss of the
the ?. Complialiance with a condition
amount
amount of the claimclaim includ
including
ing the precedent.
damage
damagess indica
indicated
ted in bod#
bod# or the
pra#er of the pleading CAUSE
CAUSE O!
O! ACTI
ACTION
ON RI
RIG2
G2T
T O! AC
ACTI
TION
ON
delict or wrongful act remedial right or right
*t is not simpl# the the filin
ling of the or omission committed to relief granted b#
b# the defendant in law to a part# to
complaint
complaint or the appropriat
appropriatee initiator
initiator#
#
violation of the institute an action
pleadin
pleading
g but also the pa#ment
pa#ment of the primar# rights of the against a person who
prescribed docet fee that vests a trial plaintiff has committed a delict
court with /urisdiction over the sub/ect or wrong against him
matter or nature of the action. he reason for the the remed# or means
action afforded or the
he court ma# allow the pa#ment of the conse>uent relief
deficient docet fee within a reasonable the formal statement right that is given @
period
period but not be#ond the applicabl
applicable
e of alleged facts the right to litigate
prescriptive or reglementar# period. because of the
occurrence of the
alleged facts
(n action can be commenced b# filing
:etermined b# facts determined b#
the
the comp
complalain
intt b# regi
regist
ster
ered
ed mail
mail.. *n as alleged in the substantive law
which case, it is the date of mailing that complaint and not the
is considered as the date of filing, and pra#er therein
not the date of the receipt thereof b#
the cler of court. RELIE! REED" SU4ECT
ATTER
he date of the filing of an amended the redress, the the thing,
complaint /oining additional defendant is protection, procedure or wrongful act,
the date of the commencement of the award or t#pe of contract or
action
action with
with regard
regard to such
such additi
addition
onal
al coercive action which propert# which
defendant. measure which ma# be is
Ac!ions an+
12
MEMORY A
AID IN REMEDIAL LAW
the breach total, hence there can onl#

be one action
action for damage
damagess (Blossom &
Co. vs. Manila Gas Corp., 55 Phil. 226
226 
the plaintiff availed of b# directl# Section %. 4oinder o' ca,ses o' action.
pra#s the court the plaintiff involved in the 6ule in this section is D56=*SS*)5 and the
to render in his as the means action, plai
plaint
ntif
ifff can
can alw
alwa#s
a#s file
file a sepa
separa
rate
te
favor as a to obtain the concerning
action for each cause of action.
conse>uence of desired which the
the delict relief wrong has
committed b# been done and Par. 7a8* he /oinder of causes of action
the defendant with respect ma#
ma# invo
involv
lve
e the
the same
same or diff
differ
eren
entt
to which the parties. *f the /oinder involved different
controvers# parties, it must compl# with Sec.  6ule
has arisen. &, thus, there must be a >uestion of fact
or law common to both parties /oined
Sectio
Section
n 5. S/-itt
S/-itting
ing a sing-e
sing-e ca,se
ca,se o' aris
arisin
ing
g out
out of the
the same
same or ser
series
ies of
action e''ect o'. transactions.
SPLITTING O! CAUSE O! ACTION @ is the Par. 7(8 re9,ires t6at : onl# causes of
practice of dividing one cause of action action in ordinar# civil actions ma# be
into
into differ
different
ent parts
parts and maing
maing each
each /oin
/oined
ed,, obvi
obviou
ousl
sl#
# beca
becaus
use
e the#
the# are
are
part sub/ect of a separate complaint. sub/ect to the same rules.
(pplies A0 onl# to complaints but also Par. 7c8 (s long as one cause of action
to counterclaims and crossclaims. falls within the /urisdiction of the 6C,
the case can be filed there even if the
=C has /urisdiction over the others.
Re&ed) against s/-itting a sing-e ca,se
o' action* Pars. 7d8 e&(odies t6e TOTALIT" RULE
(. =otion
=otion toto dismis
dismisss on the
the groun
groundd of! Section 33 BP129, as amended by RA
 ;iti
;itiss pend
penden
entitia,
a, if thethe firs
firstt 7691 - <here there are several claims or
compla
complaintint is still
still pendin
pendingg '6ule
'6ule causes of actions between the same or
1, Sec. 1e$ or different
different parties, embodied in the same
 6es /udicata, if an# of the the complai
complaint,
nt, the amount
amount of the demand
demand
complaints is terminated b# final shall be the totalit# of the claims in all
/udgment '6ule 1, Sec. 1f the causes
causes of action
actions,
s, irres
irrespec
pectiv
tive
e of
whether the causes of action arose out
3. (n answ
answer
er alleg
llegin
ing
g eit
either
her of the
the of the same or different transactions.
above-cited
above-cited grounds
grounds as affirmati
affirmative
ve
defense '6ule 1, Sec.  SPLITTING O! 4OINDER O!
CAUSE O! ACTION CAUSES O! ACTION
Genera- R,-e on Divisi(-e Contract
( contract to do several things at several here is a single cause Contemplates several
times
times is divisi
divisible,
ble, and /udgme
/udgment
nt for a of action causes of action
single breach of a continuing contract is
D60E*3*5:. Causes 5AC0U6(25:.
not
not a bar
bar to a suit
suit for
for a subs
subse>
e>ue
uent
nt
multiplicit# of suits =inimiFes multiplicit#
breach. and double ve"ation of suits and
on the part of the inconvenience
inconvenience on the
Doctrine o' Antici/ator) reac6 defendant parties
5ven
5ven if the contract
contract is divisi
divisible
ble in its
perfor
performan
mancece and the futur
futuree period
periodic
ic
deliveries
deliveries are not #et due, if the obligor Sect
Sectio
ion
n +. is:
is:oi
oind
nder
er o' ca,s
ca,ses
es o'
has alread#
alread# manifes
manifested
ted his
his refusa
refusall to action.
compl# with his future per
periodic
dic Aot a ground for dismissal of an action. (
obligations, Bthe contract is entire and mis
mis/oin
/oined
ed cause
ause of actioctionn ma# be
Ac!ions an+
13
MEMORY AID IN REMEDIAL LAW
severed and proceeded with separatel#. the part# entitled to the avails of the
suit.
here is no sanction against non-/oinder
of separate causes of action since a
plaintiff needs onl# a single cause of
action to maintain an action. *mpleading the beneficiar# as a part# in
the suit is now mandator#, in cases
RULE 3 allowed to be prosecuted or defended b#
PARTIES TO CIVIL ACTIONS a representative.
Section 1. ;6o &a) (e /arties< CLASSI!ICATION O! PARTIES IN

/-ainti'' and de'endant. INTEREST
1. Indis/ensa(-e /arties @ those without
RE#UIREENTS !OR A PERSON TO E A whom no final determination can be had
PART" TO A CIVIL ACTION* of an action. 'must be /oined
1. he must be a natural or /uridical
person or an entit# authoriFed b# %. Necessar) 7or /ro/er8 /arties @ those
law$ who are not indispensable but ought to
%. he must have a legal capacit# to sue$ be parties if complete relief is to be
and accorded as to those alread# parties, or
&. he must be the real part# in interest. for a complete determination or
settlement of the claim sub/ect of the
PLAINTI!!S- hose having an interest in action. 'ma# or ma# not be /oined
the sub/ect matter of the action or in
obtaining the relief demanded. &. Re/resentative /arties @ someone
acting in fiduciar# capacit#. =a#be a
DE!ENDANTS* trustee, guardian, e"ecutor or
1. persons who claim an interest in the administrator, or a part# authoriFed b#
controvers# or the sub/ect thereof law or these 6ules.
adverse to the plaintiff$ or
(n agent acting in his own name and for
%. who are necessar# to a complete the benefit of an undisclosed principal
determination or settlement of the ma# sue or be sued without /oining the
>uestions involved therein$ or principal e"cept when the contract
involves things belonging to the principal
&. all those who ordinaril# should be
/oined as plaintiffs but who do not ?. Pro 'or&a /arties @ those who are
consent thereto, the reason re>uired to be /oined as co-parties in
therefore being stated in the suits b# or against another part# as ma#
complaint. be provided b# the applicable
substantive law or procedural rule such
Aeither a dead person nor his estate ma# as in the case of spouses under Sec. ?.
be a part# plaintiff in a court actionG
Considering that capacit# to be sued is +. #,asi /arties @ those in whose behalf
correlative of the capacit# to sue, to the a class or representative suit is brought.
same e"tent, a decedent does not have
the capacit# to be sued and ma# not be Section %. inor or inco&/etent
named a part# defendant in a court /ersons.
action 'Ventura vs. Militante 316 SC!
226". Under the present rule, a person need
not be /udiciall# declared to be
Section 3. Re/resentatives as /arties. incompetent in order that the court ma#
appoint a guardian ad litem. *t is enough
REAL PART" IN INTEREST @ the part# that he be alleged to be incompetent.
who stands to be benefited in the suit or
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+
14
he suit can be brought b# or against the

minor or incompetent person personall# 4OINT DETORS @ indispensable part#
3U with the assistance of his parents or with respect to own share and a
guardian. necessar# part# with respect to the
share of the others.
Section +. Per&issive :oinder o'

/arties. SOLIDAR" DETORS @ either is
indispensable and the other is not even a
PERISSIVE 4OINDER @ the aggregate necessar# part# because complete relief
sum of all the claims, determines the ma# be obtained from either.
/urisdiction of the court.
Section =. Non>:oinder o' necessar)
Re9,isites o' /er&issive :oinder o' /arties to (e /-eaded.
/arties.
1. 6ight to relief arises out of the same he non-inclusion of a necessar# part#
transaction or series of transactions$ ma# be e"cused onl# on meritorious
%. here is a >uestion of law or fact grounds.
common to all the plaintiffs or
defendants$ and he court ma# order the inclusion of the
&. Such /oinder is not otherwise omitted necessar# part# if /urisdiction
proscribed b# the provisions of the over his person ma# be obtained b#
6ules on /urisdiction and venue. ordering plaintiff to file an amended
complaint impleading the necessar#
SERIES O! TRANSACTIONS @ transactions part# therein as co-defendant.
connected with the same sub/ect of the
action. he onl# sanction for failure to implead
a necessar# part# when ordered b# the
INDISPENSALE NECESSAR" court and /urisdiction can be obtained
PARTIES PARTIES over said part# is a waiver of the claim
against him. his is considered as an
he action cannot he action can e"ception to the provision on penalties
proceed unless the# proceed even in the imposed on a disobedient part# under
are /oined absence of some Sec. & of 6ule 17 which would have
necessar# parties entailed the dismissal of the complaint
itself.
Ao valid /udgment if he case ma# be
indispensable part# is determined in court
not /oined but the /udgment Section 11. is:oinder and non>:oinder
therein will not o' /arties.
resolve the entire
controvers# if a Aeither mis/oinder nor non-/oinder of
necessar# part# is not parties is a ground for dismissal of the
/oined action.
he# are those with he# are those whose 0b/ections to defects in parties should
such an interest in the presence is necessar#
be made at the earliest opportunit# @ the
controvers# that a to ad/udicate the
final decree would whole controvers# but
moment such defect becomes apparent @
necessaril# affect their whose interests are so b# a =0*0A 0 S6*H5 E5 A(=5S 0
rights so that the court far separable that a E5 D(6*5S impleaded.
cannot proceed final decree can be
without their presence made in their absence *f there is mis/oinder, a separate action
without affecting should be brought against the part#
them mis/oined.
15
he absence of an indispensable part#

renders all subse>uent actions of the Service of summons upon a defendant
court null and void for want of authorit# whose identit# is unnown ma# be made
to act, not onl# as to the absent parties b# publication in a newspaper of general
but even as to those present. circulation in accordance with Section 1?
of 6ule 1?.
Section 10. C-ass s,it.

Section 1%. Entit) it6o,t :,ridica-
RE#UISITES O! A CLASS /ersona-it) as de'endant.
?REPRESENTATIVE SUIT.
1. sub/ect matter of the he# ma# be sued under the name b#
controvers# is one of common or which the# are generall# nown, but
general interest to man# the# cannot sue under such name for
persons$ lac of /uridical personalit#.
%. parties affected are so numerous
that it is impracticable to bring he service of summons ma# be effected
them all before the court$ upon all the defendants b# serving upon
&. parties bringing the class suit are an# of them, or upon the person in
sufficientl# numerous or charge of the office or place of business
representative of the class and maintained under such name. (Se#. $,
can full# protect the interests of ule 1%"
all concerned.
INSTANCES ;2ERE SUSTITUTION O!
C-ass S,it Per&issive 4oinder PARTIES IS PROPER*
o' Parties
here is one single here are multiple A. Deat6 o' /art)< d,t) o' co,nse- 7Sec.
cause of action causes of action 1+8
pertaining to separatel# belonging his provision applies where the claim is
numerous persons to several persons. not thereb# e"tinguished as in cases
involving propert# and propert# rights
such as!
Section 15. Un@non identit) or na&e 1. recover# of real and personal
o' de'endant. propert# against the estate.
%. enforcement of liens on such
Re9,isites* properties
1. there is a defendant &. recover# for an in/ur# to person
%. his identit# or name is unnown or propert# b# reason of tort or
&. fictitious name ma# be used delict committed b# the
because of ignorance of deceased.
defendants true name and said
ignorance is alleged in the *n this case, the heirs will be substituted
complaint for the deceased 06 if no legal
?. identif#ing description ma# be representative is named then the court
used! sued as unnown owner, will order the opposing part# to procure
heir, devisee, or other the appointment of an e"ecutor or
designation administrator for the estate of the
+. amendment to the pleading deceased.
when identit# or true name is
discovered *n case of minor heirs, the court ma#
. defendant is the defendant being appoint a guardian ad litem for them.
sued, not a mere additional
defendant
1
he substitute defendant need not be

summoned. he ORDER O! Re9,isites*
SUSTITUTION shall be served upon the 1. he action must primaril# be for
parties substituted for the court to recover# of mone#, debt, or
ac>uire /urisdiction over the substitute interest thereon, and not where
part# the mone# sought therein is
merel# incidental thereto.
%. he claim, sub/ect of the action,

arose from a contract, e"press or
implied, entered into b# the
*f there is failure to notif# the fact of decedent in his lifetime or the
death! the case ma# continue and liabilit# for which had been
proceedings will be held valid, and assumed b# or is imputable to
/udgment will bind the successors in him.
interest.
*f defendant dies before entr# of final
. Deat6 or se/aration o' a /art) 6o /udgment in the court where it was
is a /,(-ic o''icer 7Sec. 1B8 pending at that time, the action shall
not be dismissed but shall be allowed to
he action ma# be maintained b# and continue until entr# of final /udgment
against his successor. thereon.
he action contemplated here is one Eowever, e"ecution shall not issue in
brought against the public officer in his favor of the winning part#. *t should be
official capacit#. filed as a claim against the estate of the
decedent.
C. S,/ervening Inco&/etence or
inca/acit) o' a /art) 7Sec. 18 Section 01. Indigent /art).
he action shall continue to be
prosecuted b# or against him, personall# Indigent @ one who has no propert# or
or assisted b# the corresponding income sufficient for his support aside
guardian. from his labor, even if he is self-
supporting when able to wor and in
D. Trans'er o' interest 7Sec. 1=8 emplo#ment. Ee need not be a pauper
Substitution of parties in this section is to entitle him to litigate in 'orma
A0 mandator#, it being permissible to pauperis.
continue the action b# or against the
original part# in case of transfer of <hile the authorit# to litigate as
interest penente lite. Unless the an indigent part# ma# be granted upon
substitution b# or the /oinder of the an e" parte application and hearing, it
transferee is re>uired b# the court, ma# be contested b# the adverse part#
failure to do so does not warrant the at an# time before /udgment is
dismissal of the case. ( transferee rendered.
penente lite is a proper, and not an
indispensable part#. RULE 5
VENUE O! ACTIONS
he case will be dismissed if the interest
of plaintiff is transferred to defendant VENUE @ the place where an action must
UA;5SS there are several plaintiffs, in be instituted and tried.
which case, the remaining plaintiffs can
proceed with their own cause of action. VENUE 4URISDICTION
Section 0. Action on contract,a- Dlace where the action Dower of the court to
&one) c-ai&s. is instituted hear and decide a case
1!
temporar#, at the time the action is

=a# be waived 4urisdiction over the instituted.
sub/ect matter and
over the nature of the
action is conferred b#
law and cannot be
waived
Drocedural Substantive
=a# be changed b# the Cannot be the sub/ect

written agreement of of the agreement of
the parties the parties
T6e r,-e on VENUE IS NOT APPLICALE

in cases eans o' aiving ven,e*
1 <here a specific rule or law 1. failure to ob/ect via motion to
provides otherwise$ or dismiss
% he parties have validl# agreed %. affirmative relief sought in the
in writing before the filing of the court where the case is filed
action on the e"clusive venue &. voluntar# submission to the
thereof 'Sec. ?. court where the case is filed
?. laches
Re9,isites 'or ven,e to (e ec-,sive
1. ( valid written agreement Section 3. Ven,e o' actions against
%. 5"ecuted b# the parties before non>residents.
the filing of the action$ and
&. 5"clusive nature of the venue. RULES
1. NON>RESIDENT !OUND IN T2E
*n the absence of >ualif#ing or restrictive P2IL. 
words, venue stipulation is merel# a. for personal actions @
permissive meaning that the stipulated where the plaintiff
venue is in addition to the venue resides$ and
provided for in the rule (Poltrae Corp. b. for real actions @ where
vs. Blan#o 3) SC! 1$*" the propert# is located.
0. NON RESIDENT NOT !OUND IN
Section 1. Ven,e o' rea- actions. T2E P2IL. 
(n action ma# be filed onl#
I' /ro/ert) is -ocated at t6e (o,ndaries when the case involves!
o' to /-aces! file one case in either a. Dersonal status of
place at the option of the plaintiff. plaintiff @ venue! where
plaintiff resides$
I' case invo-ves to /ro/erties -ocated b. (n# propert# of said
in to di''erent /-aces* defendant located in the
1. *f the properties are the ob/ect Dhil. @ venue! where the
of the same transaction, file it in propert# or an# portion
an# of the two places. thereof is situated or
%. *f the# are the sub/ects of two found.
distinct transactions, separate
actions should be filed in each he Supreme Court has the power to
place unless properl# /oined. order a change of venue to prevent a
miscarriage of /ustice.
Section 0. Ven,e o' /ersona- actions.
RESIDENCE @ the place where the part# Dis&issa- o' Action 'or I&/ro/er Ven,e
actuall# resides with continuit# and he court ma# not motu propio dismiss a
consistenc#, whether permanent or complaint on the ground of improper
1"
venue. (n e"ception is provided in

Section ? of the 6evised 6ule on
Summar# Drocedure.
iling of verified
complaint with the
=C he Court should not dismiss the
complaint or counterclaim if the# are
not verified. he re>uirement is merel#
court ma# court ma#
summon the dismiss the case a formal one, and not /urisdictional. *t
defendant outright should therefore simpl# direct the part#
concerned to have it verified.
PRO2IITED PLEADINGS ? OTIONS

<Jin 1I da#s *f :efendant fails to UNDER T2E RULE ON SUAR"
from receipt of answer in 1I da#s @
summons, he court, motu propio
PROCEDURE.
defendant or on plaintiffs 1. =otion to dismiss the complaint
answers, motion, ma# render or to >uash the complaint or
incoporating /udgment based on information e"cept on the
compulsor# facts alleged in the
counterclaim or complaint wJo
ground of lac of /urisdiction
crossclaim, and pre/udice to over the sub/ect matter or
serves a cop# on 69, S& 'c failure to compl# with prior
plaintiff baranga# conciliation 'referral to
RULES ON SUAR" the ;upon
PROCEDURE %. =otion for a bill of particulars
SUAR" PROCEDURE IN CIVIL &. =otion for a new trial or for
reconsideration of a /udgment or
(nswer to *f plaintiff fails to
counterclaim appear in prelim for reopening of trial
and crossclaim conference, complaint ?. Detition for relief from /udgment
wJin 1I da#s ma# be dismissed. +. =otion for e"tension of time to
:efendant entitled to
file pleadings, affidavits, or an#
decision based on his
counterclaim. (ll other paper
crossclaims dismissed. . =emoranda
Dreliminar# 7. Detition for certiorari,
conference wJin &I
da#s after last CASES mandamus, or prohibition
answer is filed against an# interlocutor# order
issued b# the court
*f sole defendant 8. =otion to declare defendant in
fails to appear, default
plaintiff entitled to
<Jin + da#s after 9. :ilator# motions for
/udgment based on
conference, court postponement
complaint and
issues record of
preliminar#
what is proved 1I. 6epl#
conference therein 11. hird part# complaints
1%. *nterventions
he filing of a prohibited pleading will

<Jin 1I da#s from
receipt of order, not suspend the period to file an answer
submission b# the or to appeal.
parties of affidavits
and position papers
6endition of /udgment
wJin &I da#s from
receipt
S/ecial of last
Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
affidavit, or wJin 1+
da#s after last
clarificator# paper
1#
(lthough a motion to dismiss is a 1. there has been a confrontation

prohibited pleading, its filing after the between the parties before the
answer had alread# been submitted does lupon chairman or pangat, AND
not constitute a pleading prohibited b# %. that no conciliation or
the summar# rules. <hat the rules settlement has been reached OR
proscribe is a motion to dismiss that unless the settlement has been
would stop the running of the period to repudiated b# the parties
file an answer and cause undue dela#. thereto.
<hile a motion to declare the defendant

in default is prohibited b# the rules on
summar# procedure, the plaintiff ma#
nevertheless file a motion to render
/udgment as ma# be warranted when the CASES NOT CO!R!" " T2E
defendant fails to file an answer. FATARUNGANG PAARANGA" LA;*
he issuance of the pre-trial order is an 1. <here one part# is the

important part of the summar# government or an# subdivision or
procedure because it is its receipt b# the instrumentalit# thereof$
parties that begins the ten-da# period to %. <here one part# is a public
submit the affidavits and other officer or emplo#ee, and the
evidence. dispute relates to the
performance of his official
TRIAL PROCEDURE IN CIVIL CASES functions$
&. 0ffenses punishable b#
Ao trial date is set. Ao testimonial imprisonment e"ceeding 1 #ear
evidence is re>uired nor cross- or a fine e"ceeding D+,III.II$
e"amination of witnesses allowed. (ll ?. 0ffenses where there is no
that is re>uired is that within '1I da#s private offended part#$
from receipt b# the parties of the +. <here the dispute involves real
courts pre-trial order, the# shall submit properties located in different
'1 the affidavits of their witnesses '% cities or municipalities UNLESS
and other evidence on the factual issues the parties thereto agree to
set forth in the pre-trial order, ogether submit their differences to
with their position papers setting forth amicable settlement b# an
the law and the facts relied upon b# appropriate lupon$
them. . :isputes involving parties who
actuall# reside in baranga#s of
4udgments of inferior courts in cases different cities or municipalities,
governed b# summar# procedure are E$CEPT where such baranga#
appealable to the 6C. units ad/oin each other and the
parties thereto agree to submit
he decision of the 6C in civil cases their differences to amicable
under this rule, including e/ectment settlement b# an appropriate
cases, are *==5:*(5;K e"ecutor#. lupon$
7. Such other classes of disputes
FATARUNGANG PAARANGA" LA; which the Dresident ma#
7Tit-e One oo@ III RA B1+8 determine in the interest of
/ustice.
Ao complaint, petition, action, or
proceeding involving an# matter within Eowever, the court ma#, at an# time
the authorit# of the lupon shall be filed before trial, motu proprio refer the case
or instituted directl# in court or an# to the lupon concerned for amicable
other government office for ad/udication settlement, non criminal cases not
UNLESS
20
falling within the authorit# of the brought for settlement before

latter. lupon of said baranga#
%. 6esidents of different baranga#s
<hile the dispute is under mediation, within the same cit# or
conciliation, or arbitration, the municipalit# @ in the baranga#
prescriptive periods for offenses and where the respondent or an# of
cause of action under e"isting laws shall the respondents reside at the
be interrupted upon filing of the election of the complainant
complaint with the punong baranga#. &. :isputes involving real propert#
or an# interest therein- where
real propert# or larger portion
thereof is situated
T2E PARTIES A" GO DIRECTL" TO

COURT IN T2E !OLLO;ING INSTANCES*
1. <here the accused is under ?. :isputes arising at the
detention$ <06HD;(C5 where the
%. <here the person has otherwise contending parties are emplo#ed
been deprived of personal or at the *AS*U*0A where
libert# calling for habeas corpus such parties are enrolled for
proceeding$ stud# @ in the baranga# where
&. <here the actions are coupled such worplace or institution
with provisional remedies such located.
as preliminar# in/unction,
attachment, deliver# of C+! - /!!0G!G P!MB!!G!, S
P!G 22.
personal propert#, and support
penente lite$ and
?. <here the action ma# otherwise PROCEDURE IN REGIONAL TRIAL
be barred b# the statute of COURTS
limitations.
RULE +
he parties ma#, at an# stage of the FINDS O! PLEADINGS
proceedings, agree in writing to have the Section 1. P-eadings de'ined.
matter in dispute decided b# arbitration
b# either the Dunong 3aranga# or PLEADINGS @ the written allegations of
Dangat. *n such case, arbitrational the parties of their respective claims and
hearings shall follow order of defenses submitted to the court for
ad/udicative trials. appropriate /udgment.
he settlement and arbitration A &otion to dis&iss is NOT a /-eading.

agreement ma# be repudiated on the *t is the allegations or averments in the
ground that consent is vitiated b# fraud, pleading that determines the /urisdiction
violence, or intimidation. Such of the court and the nature of the
repudiation shall be sufficient basis for action.
the issuance of the certification for filing
a complaint in court or an# government
office for ad/udication. PLEADING OTION
RULES ON VENUE UNDER T2E *t relates to the cause (n application for an
FATARUNGANG PAARANGA" LA; of action$ interested order not included in
1. :isputes between residents of in the matters to be the /udgment
the same baranga# shall be included in the
/udgment.
21
ANS;ER @ the pleading where the

=a# be initiator# Cannot be initiator# as defendant sets forth his affirmative or
the# are alwa#s made negative defenses.
in a case alread# filed
in court
(lwa#s filed before =a# be filed even

/udgment after /udgment
Section 3. Co&/-aint.
COPLAINT @ is a concise statement of
the ultimate facts constituting the
plaintiffs cause or causes of action,
with
a specification of the relief sought, but

it ma# add a general pra#er for such 0 @inds o' de'enses t6at &a) (e set
further relief as ma# be deemed /ust or 'ort6 in t6e anser*
e>uitable. a. A!!IRATIVE DE!ENSES @
allegation of a new matter which
ULTIATE !ACTS - essential facts while h#potheticall# admitting the
constituting the plaintiffs cause of material allegations in the pleading,
action. would nevertheless prevent or bar
recover# b# him. *t is in the nature
;6at are NOT ,-ti&ate 'acts* of Confession and (voidance
1. 5videntiar# or immaterial facts. (. NEGATIVE DE!ENSES @ specific
denial of the material facts or facts
%. ;egal conclusions, conclusions or alleged in the pleading
inferences of facts from facts
not stated, or incorrect Ins,''icient denia- or denia- a&o,nting
inferences or conclusions from to ad&issions*
facts stated. 1. 2eneral denial
%. :enial in the form of a
&. he details of probative matter negative pregnant
or particulars of evidence,
statements of law, inferences Section +. Co,nterc-ai&
and arguments.
COUNTERCLAI @ an# claim which a
?. (n allegation that a contract is defending part# ma# have against an
valid or void is a mere conclusion opposing part#.
of law.
Nat,re o' co,nterc-ai&* ( counterclaim
TEST O! SU!!ICIENC"! if upon is in the nature of a cross-complaint.
admission or proof of the facts being (lthough it ma# be alleged in the
alleged, a /udgment ma# be properl# answer, it is not part of the answer.
given. ( fact is essential if it cannot be Upon its filing, the same proceedings are
stricen out without leaving the had as in the original complaint. or this
statement of the cause of action reason, it must be answered within ten
insufficient. '1I da#s from service.
Section 5. Anser Section B. Co&/,-sor) Co,nterc-ai&
22
RULES ON COUNTERCLAI
( counterclaim before the =C must be
within the /urisdiction of said court,
both as to the amount and nature
thereof (e Chua vs. 4!C".
iling of complaint
wJ the Dunong
3aranga# 'D3
<Jin the ne"t woring da# (t an# time during the
DroceedingsG
FATARUNGANG PAARANGA" PROCEDUREDarties agree to

*ssuance of
summons to submit the
the parties dispute for
arbitration
and the
witnesses
(rbitration Eearings
=ediation 'hearing
ailure of Settlement
mediation
efforts
5"ecution 6epudiation of (ward to be

Constitu- wJin  arbitration made after the
tion of the months from agreement lapse of the
Dangat date thereof within + da#s period to
from date of repudiate and
agreement wJin 1I days
thereafter
Dangat convenes not
later than & da#s
from its constitution
and summons the
5"ecution wJin
parties
 months from
the date of the
award
Dangat must
arrive at a
Conciliation
settlement
'hearing
wJin 1+ da#s
from the da#
it convenes
6epudiation of
Settlement settlement wJin 1I Note* 6epudiation shall
da#s from date onl# be allowed on ground
thereof of vitiation of consent b#
fraud, violence or
intimidation.
5"ecution wJin 
months from the ailure of Conciliation
date of settlement ISSUANCE O! hearings at the Dangat
CERTI!ICATION !OR ;evel and of (rbitration
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il!ILING O! Alnaia
Proce+"re- A hearings
Hasi$an )S/ecial shall an+
Ci*il Ac!ions also lead to
COPLAINT
S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- INMas"ka!
Elaine COURT)E*i+ence the issuance of
certification for filing a
complaint in court.
23
DOCTRINE O! ANCILLAR" 4URISDICTION

*n an original action before the 6C, the Section . Cross>c-ai&
counterclaim ma# be considered CROSS>CLAI  an# claim b# one part#
compulsor# regardless of the amount against a co-part# arising out of the
7Sec. B R,-e + 8 . transaction or occurrence that is the
sub/ect matter either of the original
*f a counterclaim is filed in the =C in action or counterclaim.
e"cess of its /urisdictional amount, the
e"cess is considered waived (!ustin vs. *f it is not set up in the action, it is
Ba#alan8. *n Ca#o $s% A&a' (nt)-, the barred, ece/t*
remed# where a counterclaim is be#ond 1. when it is outside the /urisdiction of
the /urisdiction of the the court or$
%. if the court cannot ac>uire
=C is to set off the claims and file a /urisdiction over third parties whose
separate action to collect the balance. presence is necessar# for the
ad/udication of said cross-claim.
COPULSOR" PERISSIVE
*n which case, the cross-claim is
COUNTERCLAI COUNTERCLAI
considered permissive.
0ne which arises out *t does not arise out of
of or is necessaril# nor is it necessaril# he dismissal of the complaint carries
connected with the connected with the with it the dismissal of a cross-claim
transaction or sub/ect matter of the which is purel# defensive, but not a
occurrence that is the opposing part#s cross-claim seeing affirmative relief.
sub/ect matter of the claim.
opposing part#s
claim.
Cross C-ai& Co,nterc-ai& 3 rd>/art)
Co&/-aint
*t does not re>uire for *t ma# re>uire for its
its ad/udication the ad/udication the
presence of third presence of third (gainst a co- (gainst an (gainst a
parties of whom the parties over whom the part# opposing part# person not a
court cannot ac>uire court cannot ac>uire part# to the
/urisdiction. /urisdiction. action
*t is barred if not set *t is A0 barred even =ust arise out =a# arise out of =ust be in
up in the action. if not set up in the of the or be necessaril# respect of
action. transaction connected with the
that is the the transaction opponents
sub/ect matter or that is the claim
Aeed not be =ust be answered,
of the orig. sub/ect matter 'Dlaintiff
answered$ no default. otherwise, the
action or of a of the opposing
defendant can be
counterclaim part#s claim, in
declared in default.
therein. which case, it is
called a
GENERAL RULE* ( compulsor# compulsor#
counterclaim not set up in the answer is counterclaim, or
deemed barred. it ma# not, in
which case it is
E$CEPTION* *f it is an after-ac>uired called a
counterclaim, that is, such claim permissive
matured after filing of the answer. *n counterclaim.
this case, it ma# be pleaded b# filing an
amended answer or a supplemental Section 1. Re/-).
answer or pleading.
24
REPL" - the response of the plaintiff to ;eave of court to file a third-part#

the defendants answer. complaint ma# be obtained b# motion
under 6ule 1+.
E!!ECT O! !AILURE TO REPL"! new
facts that were alleged in the answer are Summons to new part# 'third, fourth,
deemed controverted. Eence, the filing etc. is needed for the court to obtain
of the repl# is optional e"cept for the /urisdiction over his person, since he is
denial of the genuineness and due not an original part#.
e"ecution of an actionable document
used as defense in the answer. <here the trial court has /urisdiction
over the main case, it also has
Section 11. T6ird 7'o,rt6 etc.8  /art) /urisdiction over the third part#
co&/-aint. complaint, regardless of the amount
involved as a third part# complaint is
T2IRD 7!OURT2ETC.8  PART" merel# au"iliar# to and is a continuation
COPLAINT  a claim that a defending of the main action (epuli# v. Central
part# ma#, with leave of court, file Suret & 4nsuran#e Co. 782*$)2, -#t. 26,
against a person not a part# to the 196$".
action for contribution, indemnit#,
subrogation or an# other relief, in Section 10. ringing ne /arties.
respect of his opponents claim.
Disting,is6ed 'ro& 3 rd>/art) co&/-aint*
T2IRD>PART" COPLAINT IN ( & rd-part# complaint is proper when not
COPLAINT INTERVENTION one of the third-part# defendants
therein is a part# to the main action. 3ut
3rings into the action Same if one or more of the defendants in a
a third person who counterclaim or cross-claim is alread# a
was not originall# a part# to the action, then the other
part#. necessar# parties ma# be brought in
under this section.
*nitiative is with the *nitiative is with a
person alread# a part# non-part# who sees
to the action. to /oin the action. RULE B
PARTS O! A PLEADING
TESTS to deter&ine 6et6er t6e t6ird>
/art) co&/-aint is in res/ect o' Section 3. Signat,re and address.
/-ainti''s c-ai&* he signature of the counsel is a
1. <here it arises out of the same certification that!
transaction on which the 1. hat he has read the pleading$
plaintiffs claim is based, or, %. here is good ground to support
although arising out of another it$ and
or different transaction, is &. *t is not interposed for dela#
connected with the plaintiffs 0nl# the original copies must be signed.
claim$ UNSIGNED PLEADING ma# be stricen
%. <hether the third-part# out as sham and false, and the action
defendant would be liable to the ma# proceed as though the pleading has
plaintiff or to the defendant for not been served. (t *as no #e+a# eect%
all or part of the plaintiffs claim
against the original defendant$ Section 5. Veri'ication.
and
&. <hether the third-part# Dleadings need A0 be verified 5LC5D
defendant ma# assert an# when otherwise provided b# the law or
defenses which the third-part# rules.
plaintiff has or ma# have to the
plaintiffs claim.
25
( verification must now be based on ANNER O! AFING ALLEGATIONS IN A

personal nowledge or based on PLEADING
authentic records.
Dleadings should state ,-ti&ate 'acts
essential to the right of action.
ULTIATE !ACTS* those which directl#

Section %. Certi'ication against 'or,& form the bases of the right sought to be
s6o//ing. enforced or the defense relied upon.
*f the ultimate facts are A0 alleged,
!ORU S2OPPING @ the filing of a two or the cause of action would be
more cases based on the same cause of insufficient.
action in different courts for the purpose
of obtaining a favorable decision in Section 5. Ca/acit).
either.
Capacit# to sue and be sued
Test to deter&ine t6e /resence o' either personall# or in representative
'or,&>s6o//ing* whether in the two 'or capacit# must be specificall# averred b#
more cases pending, there is identit# of the part# suing or being sued, and
7a8 parties, 7(8 rights or causes of action, specificall# denied b# the part#
and 7c8 reliefs sought. >uestioning such capacit#.
he certificate is to be e"ecuted b# Capacit# is challenged b#

petitioner, and not b# counsel. specific denial, motion to dismiss or bill
of particulars.
6e>uired 0A;K for complaints or
initiator# pleadings. Section %. !ra,d &ista@e condition o'
t6e condition
Certificate of non-forum shopping is not
re>uired in a compulsor# counterclaim !ACTS T2AT A" E AVERRED
(0S +osp. vs. Surla". GENERALL"*
1. Conditions precedent '3U there
E!!ECT O! !AILURE TO COPL" ! must still be an allegation that
1. Aot curable b# amendment of the specific condition precedent
said pleading has been complied with,
%. shall be cause for the dismissal otherwise, it will be dismissed
of the case, without pre/udice, for failure to state a cause of
unless otherwise provided, upon action
motion and after hearing %. =alice, intent, nowledge, or
other condition of the mind
E!!ECT O! SUISSION O! !ALSE &. 4udgments of domestic or
CERTI!ICATION OR NON>COPLIANCE foreign courts, tribunals, boards,
;IT2 T2E UNDERTAFINGS T2EREIN* or officers 'no need to show
1. indirect contempt /urisdiction
%. administrative and criminal ?. 0fficial document or act
actions
!ACTS T2AT UST E AVERRED
E!!ECT O! ;IL!ULL AND DELIERATE PARTICULARL"*
!ORU S2OPPING* 1. Circumstances showing fraud or
1. shall be ground for summar# mistae in all averments of
dismissal of the case with fraud or mistae
pre/udice$ %. Capacit#
%. direct contempt.
RULE 
2
ACTIONALE DOCUENT @ written hat the document was signed

instrument upon which the action or voluntaril# and nowingl# b# the part#
defense is based. whose signature appears thereon.
De'enses t6at t6e o//osing /art) &a)

set ,/ even a'ter 'ai-,re to den) ,nder
oat6:
1. =istae$
%. fraud$
To /er&issi(-e a)s o' /-eading an &. compromise$
actiona(-e doc,&ent* ?. pa#ment$
1. 3# setting forth the substance of +. prescription$
such document in the pleading . want or illegalit# of
and attaching said document consideration$ or
thereto as an anne" 'contents of 7. estoppel
the document anne"ed are
controlling, in case of variance UT t6e 'o--oing de'enses are
in the substance of the aived*
document set forth in the a. forger# in the signature$
pleading and in the document b. want of authorit# of an agent or
attached$ or corporation$
%. 3# setting forth said document c. want of deliver#$ or
verbatim in the pleading. d. the part# charged signed the
instrument in some other
;6ere t6e actiona(-e doc,&ent is capacit#
/ro/er-) a--eged t6e 'ai-,re to
s/eci'ica--) den) ,nder oat6 t6e sa&e Section 1. S/eci'ic Denia-
res,-ts in*
1. he admission of the T2REE ;A"S O! AFING A SPECI!IC
genuineness and due e"ecution DENIAL*
of said document, 5LC5D that 1. 3# specificall# den#ing each
an oath is not re>uired! material allegation of the other
a. <hen the adverse part# was part# and, whenever possible,
not a part# to the setting forth the substance of
instrument$ and the matters relied upon for such
b. <hen an order for the denial$
inspection of the original %. Dart admission or part denial$
document was not complied &. 3# an allegation of lac of
with. nowledge or information
%. he document need not be sufficient to form a belief as to
formall# offered in evidence. the truth of the averment in the
opposing part#s pleading 'must
GENUINENESS be made in good faith.
hat the document is not spurious,
counterfeit, or of different import on its ( denial must not be general. ( general
face from the one e"ecuted b# the denial is regarded as an admission of the
part#, or that the part# whose signature facts stated in the complaint and
it bears has signed it and that at the entitles plaintiff to a /udgment on the
time it was signed it was in words and pleadings.
figures e"actl# as set out in the
pleadings. NEGATIVE PREGNANT @ a form of denial
which at the same time involves an
DUE E$ECUTION affirmative implication favorable to the
opposing part#$ *t is in effect, an
admission of the averment to which it is
2!
directed$ *t is said to be a denial not his failure to appear nor failure to

pregnant with an admission of the present evidence.
substantial facts in the pleading
responded to.
ORDER O! 4UDGENT "
Section 11. A--egation not s/eci'ica--) DE!AULT DE!AULT
denied dee&ed ad&itted. issued b# the court, 6endered b# the court
on plaintiffs motion following a default
GENERAL RULE* (llegations A0 for failure of the order or after it
specificall# denied deemed admitted defendant to file his received, e" parte,
'such as allegations of usur# in the responsive pleading plaintiffs evidence.
seasonabl#.
complaint, and the authenticit# and due
*nterlocutor# - not inal @ appealable
e"ecution of actionable documents. appealable
E$CEPTIONS*
1. (llegations as to the amount of
A0 default ma# be declared in the
unli>uidated damages
following actions!
%. *mmaterial allegations$
1. (nnulment of marriage
&. *ncorrect conclusions of fact.
%. :eclaration of nullit# of
marriage
RULE =
&. ;egal Separation
E!!ECT O! !AILURE
?. Special civil actions of certiorari,
TO PLEAD
prohibition and mandamus where
comment instead of an answer is
Section 1. De'enses and o(:ections not
re>uired to be filed
/-eaded.
GENERAL RULE! :efenses and ob/ections
he court cannot motu proprio declare a
that are not pleaded in a =0*0A 0
defendant in default. or defendant to
:*S=*SS or in the answer are deemed
be declared in default, the plaintiff
waived.
must!
E$CEPTIONS 'not waived even if not
1. ile a =0*0A to declare
raised!
defendant in default
1. ;ac of /urisdiction over the
%. Drove that summons have been
sub/ect matter
properl# served on the
%. ;itis pendentia
defendant
&. 6es /udicata
&. Drove that the defendant reall#
?. Drescription of the action
failed to answer within the
proper period.
hese defenses ma# be raised at an#
stage of the proceedings even for the CAUSES O! DE!AULT
first time on appeal 5LC5D that lac of 1. ailure to answer within the
/urisdiction over the sub/ect matter ma# proper period
be barred b# laches. 'i:am vs. %. Aon-compliance with the order
Sionhano . of the court to file a bill of
particulars or in case of
he presence of these grounds insufficient compliance
authoriFes the court to motu proprio therewith '6ule 1%, Section ?
dismiss the claims. hese grounds must, &. 6efusal to compl# with the
however, appear from the pleadings or modes of discover# '6ule %9,
the evidence on record . Section &, par. c
?. ailure to furnish plaintiff with a
Section 3. cop# of the answer
DE!AULT @ the failure of the defendant *f the defendant was declared in default
to anser within the proper period. *t is upon an original complaint, the filing of
the amended complaint resulted in the
2"
withdrawal of the original complaint, PARTIAL DE!AULT*

hence, the defendant was entitled to 1. he pleading asserting a claim
file answer to the amended complaint as states a common cause of action
to which he was not in default. against several defending parties
%. some of the defending parties
E!!ECT O! ORDER O! DE!AULT* answer and the others fail to do
1. <hile the part# in default cannot so
tae part in the trial, he is &. the answer interposes a common
nonetheless entitled to notice of defense
subse>uent proceedings.
%. Ee ma# still be called on as a E!!ECT O! PARTIAL DE!AULT* he
witness, in behalf of the non- court will tr# the case against (;;
defaulting defendants. defendants upon the answer of some
5LC5D where the defense is personal to
the one who answered, in which case, it
DE!AULT will not benefit those who did not
answer.
(fter the
lapse of time REED" !RO 4UDGENT " DE!AULT
to file an 7!LO; C2ART8
answer, the =otion denied!
plaintiff ma# :efendant
move to allowed to file an 4udgment b# default
declare the answer
defendant in
default
:efendant =otion for new trial or reconsideration at

answers an# time after service of /udgment b#
default and within 1+ '&I da#s the refrom
otion granted*
Court issues order
of default and
renders /udgment,
or re>uire plaintiff ailure to file motion for new trialJ
to submit evidence :enial of said motion
e" parte.
Derfect appeal from said /udgment b#

default within the balance of said
Court
1+ '&I - da# period
maintains
3efore /udgment order of
b# default is default
rendered,
defendant ma#! ailure to appeal without
defendants faul
move to set aside
order of default
upon showing!
(=5
Ee has a Detition for relief from /udgment within
meritorious I da#s from notice of the /udgment but
defense within  months from entr# thereof
(vail of 6ule + in
proper cases E$TENT O! RELIE! TO E
(nnulment of 4udgment
under 6ule ?7
Dresentation
of plaintiffs A;ARDED IN A 4UDGENT "
evidence e"- DE!AULT*
Court sets aside parte
order of default and Shall not e"ceed the amount 06 be
defendant is allowed different in ind from that pra#ed for
to file an answer
*f plaintiff *f plaintiff
proves his fails to prove
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS
allegations, : Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
his allega-
%en!"ra, Jocelyn &a'ala S U(JECT
/udgment b# HEAS : Jona
tions, case)Ci*il
O'iña is Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+
S/ecial
Case set Procee+in0s-
for Jeenice
default. +e Sa0"n )Cri$inal Proce+"re-
dismissed. Elaine Mas"ka! )E*i+ence
pre-trial
2#
A06 award unli>uidated damages. 1ST PART* refers to amendment to

conform to evidence when issues A0
raised b# the pleadings are tried with
RULE 1 the e"press or implied consent of the
AENDED AND SUPPLEENTAL parties
PLEADINGS - but failure to amend does A0 affect
the result of the trial of these issues
AENDENTS
Section 1. A&end&ents in genera-. 0ND PART* refers to amendment to
authoriFe presentation of evidence if
<hen the complaint is amended, % evidence is ob/ected to at the trial on
situations ma# arise! the ground that it is not within the issues
1. *f the complaint merel# corrects made b# the pleadings.
or modifies the original
complaint, then the action is SUPPLEENTAL PLEADINGS
deemed commenced upon the ( cause of action which accrued after
filing of the original complaint$ the filing of the original complaint ma#,
%. *f the amended complaint in the discretion of the court, be
alleges a new cause of action, pleaded in a supplemental complaint if
then that cause of action is there was a valid subsisting cause of
deemed commenced upon the action at the time the original complaint
filing of the amended was filed.
complaint.
Section 0. A&end&ents as a &atter o' AENDED SUPPLEENTAL

rig6t.
PLEADING PLEADING
(mendment for the first time is a matter
6efers to facts 6efers to facts arising
of right before a responsive pleading is e"isting at the time of after the filing of the
filed, or in case of a 6epl#, within 1I the commencement original pleading.
da#s after it was served. of the action.
Since a motion to dismiss is A0 a ae the place of the aen together with
responsive pleading, an amendment ma# original pleading. the original pleading.
be had even if an order of dismissal has
been issued as long as the amendment is Can be made as a (lwa#s with leave of
made before order of dismissal becomes matter of right as court
when no responsive
final.
pleading has #et been
filed
Section 3. A&end&ents () -eave o'
co,rt.
Section B. !i-ing o' a&ended /-eadings.
Instances 6en a&end&ent () -eave o'
co,rt &a) not (e a--oed* he amended pleading supersedes the
1. <hen cause of action, defense original pleading.
or theor# of the case is changed$
%. (mendment is intended to (n amendment which merel#
confer /urisdiction to the court$ supplements and amplifies facts
&. (mendment to cure a premature originall# alleged in the complaint
or non-e"isting cause of action$ relates bac to the date of the
?. (mendment for purposes of commencement of the action and is not
dela#. barred b# the statute of limitations
Section %. A&end&ent to con'or& to which e"pired after service of the
or a,t6oriHe /resentation o' evidence. original complaint.
E!!ECT O! AENDED PLEADING*
30
1. (dmissions in the superseded ?. *n case of a non-resident defendant

pleading can still be received in on whom e"traterritorial service of
evidence against the pleader$ summons is made, the period to
%. Claims or defenses alleged answer should be at least I da#s.
therein but not incorporated or
reiterated in the amended he court ma# e"tend the time to file
pleading are deemed waived. the pleadings 3U ma# A0 shorten
them.
he amended or superseded, original
pleading is not e"punged but remains on he 1+-da# period begins to run from
the record although the admission of the receipt of summons.
amended pleading amounts to
withdrawal of the original pleading. Section 3. Anser to a&ended
co&/-aint.
RULE 11 1. *f the filing of an amended
;2EN TO !ILE RESPONSIVE PLEADINGS complaint is a matter of right -
within 1+ da#s from service of
Anser to t6e co&/-aint the amended complaint.
1. <ithin 1+ da#s after service of %. *f the filing of the amended
summons, UA;5SS a different period complaint is A0 a matter of
is fi"ed b# the Court 'Sec. 1 right @ within 1I da#s counted
from notice of the court order
%. *n case the defendant is a foreign admitting the same.
private /uridical entit#!
a. if it has a resident agent @ *f no new answer is filed b# the
within 1+ da#s after service defendant in case an amendment has
of summons to him been made after he had filed his answer,
b. if it has no resident agent, the original answer of the defendant
but it has an agent or officer ma# serve as the answer to the amended
in the Dhilippines @ within 1+ complaint, and hence, cannot be
da#s after service of declared in default.
summons to said agent or
officer Section %. Anser to t6ird 7'o,rt6
c. if it has no resident agent etc.8>/art) co&/-aint.
nor agent nor officer @ in he third-part# defendant is served with
which case service of summons /ust lie the original
summons is to be made on defendant, hence, he also has 1+, &I, I
the proper government da#s from service of summons, as the
office which will then send a case ma# be, to file his answer.
cop# b# registered mail to
the home office of the Section B. Anser to s,//-e&enta-
foreign private corporation @ co&/-aint.
within &I da#s after receipt ;eave of court is re>uired in filing, the
of summons b# the home court ma# fi" a different period for
office of the foreign private answering the supplemental complaint in
entit#. lieu of the reglementar# 1I-da# period.
&. *n case of service of summons b# Section 1. O&itted co,nterc-ai& or

publication @ within the time cross>c-ai&.
specified in the order granting leave he pleader ma# set up a counterclaim
to serve summons b# publication, or cross-claim b# amendment before
which shall A0 be less than I da#s /udgment when he fails to set it up b#
after notice '6ule 1?, Sec.1+. reason of oversight, inadvertence, or
e"cusable neglect ort when /ustice
re>uires. ;eave of court is necessar# %
31
which the order is

RULE 10 directed$ or
ILL O! PARTICULARS b. mae such order as it
ma# deem /ust.
ILL O! PARTICULARS - a more definite
statement of an# matter which appears %. *f plaintiff, his compliant will be
vague or obscure in a pleading. stricen off and dismissed '6ule
1%, sec. ?$ 6ule 17, sec. &
PURPOSE* to aid in the preparation of a
responsive pleading. &. *f defendant, his answer will be
stricen off and his counterclaim
=otion for bill of particulars must be dismissed, and he will be
filed within the reglementar# period for declared in default upon motion
the filing of a responsive pleading. he of the plaintiff '6ule 1%, sec. ?$
filing of a motion if sufficient in form 6ule 17, sec. ?$ 6ule 9, sec. &.
and substance, will interrupt the time to
plead.
RULE 13
he motion for bill of particulars ma# be !ILING AND SERVICE O! PLEADINGS
granted in whole or in part as not all the 4UDGENTS AND OT2ER PAPERS
allegations >uestioned b# the movant
are necessaril# ambiguous as to re>uire Aotice given to a part# who is dul#
clarification. represented b# counsel is a nullit#,
unless service thereof on the part#
( bill of particulars ma# be filed either himself was ordered b# the court or the
in a separate or an amended pleading. technical defect was waived.
( bill of particulars becomes part of the
pleading which it supplements.
Section 3. anner o' 'i-ing.
E!!ECTS O! OTION 1. Dersonall#
1. *f the motion is granted, the %. b# registered mail
movant can wait until the bill of
particulars is served on him b# iling b# mail should be through the
the opposing part# and then he registr# service which is made b# deposit
will have the balance of the of the pleading in the post office, and
reglementar# period within not through other means of
which to file his responsive transmission.
pleading.
*f registr# service is not available in the
%. *f his motion is denied, he will localit# of either sender or addressee,
still have such balance of the service ma# be done b# ordinar# mail.
reglementar# period to do so,
counted from service of the *f a private carrier is availed of b# the
order den#ing his motion. *n part#, the date of actual receipt b# the
either case, he will have at least court of such pleading and not the date
+ da#s to file his responsive of deliver# to the carrier, is deemed to
pleading. be the date of the filing of that
pleading.
E''ect o' non>co&/-iance*
1. *f the 0rder is not obe#ed or in NOTE* D56S0A(; and SU3S*U5:
case of insufficient compliance service as applied to pleadings have a
therewith, the court! different meaning compared to summons
a. ma# order the striing under 6ule 1?.
out of the pleading or
the portion thereof to
32
a. b# handling a cop# to defendant$

or
b. tendering him cop# if he refuses$
ODES O! SERVICE c. complete upon actual deliver#
PLEADINGS
1. D56S0A(; S56)*C5 %. Service () ordinar) &ai-*
a. :elivering personall# a cop# to Complete upon e"piration of 1I
the part# or his counsel or$ da#s after mailing, unless the
b. ;eaving a cop# in counsels court provides otherwise.
office with his cler or with a
person having charge thereof or$ &. Service () registered &ai- !
c. ;eaving the cop# between 8 a.m. a. Complete upon actual receipt b#
and  p.m. at the part#s or the addressee$ or
counsels residence, if nown, b. (fter + da#s from the date he
with a person of sufficient age received the 1st notice of the
and discretion residing therein--- postmaster, whichever date is
if no person found in his office, earlier.
or if his office is unnown, or if
he has no office. Section 10. Proo' o' 'i-ing.
iling is proved b# its e"istence in the
%. S56)*C5 3K =(*; record of the case.
*f no registr# service is available in the
localit#, of either sender or addressee, *f it is not in the record, and!
service ma# be done b# ordinar# mail. *f filed personall#! proved b# the
written or stamped acnowledgment of
&. SU3S*U5: S56)*C5 its filing b# the cler of court on a cop#
:elivering the cop# to the cler of court of the same$ or
with proof of failure of both personal
and service b# mail. *f filed b# registered mail! proved b#
-the registr# receipt and the affidavit of
4UDGENTS !INAL ORDERS the person who did the mailing.
RESOLUTIONS 7Sec.=8
1. 3# personal service$ or Section 13. Proo' o' service
%. 3# registered mail$ 1. Droof of personal service!
&. 3# publication, if part# is a. <ritten admission of the part#
summoned b# publication and served$ or
has failed to appear in the b. 0fficial return of the server$ or
action. c. (ffidavit of the part# serving.
he# can be served onl# under the three %. Droof of service b# ordinar# mail!
modes. (ffidavit of the person mailing$
he# C(AA0 be served b# substituted

service. &. Droof of service b# registered mail!
a. (ffidavit, and
NOTE* ( resort to modes other than b# b. 6egistr# receipt issued b# the
personal service must be accompanied mailing office.
b# a ;ritten e<planation ;h the
servi#e or 'ilin ;as not one personall Section 15. Notice o' -is /endens.
'Sec. 11.
LIS PENDENS - a notice of a pendenc# of
Section 1. Co&/-eteness o' service. the action between the parties involving
title to or right of possession over real
1. Persona- service propert#.
33
*t serves as a warning to all persons, complaint, as the original complaint was

prospective purchasers or deemed withdrawn upon such
encumbrancers of the propert# in amendment.
litigation to eep their hands off the
propert# in litigation unless the# are
prepared to gamble on the result of the
proceedings. Section 3. ) 6o& served.
Summons ma# be served b#!
he defendant ma# also record a notice 1. Sheriff
of lis pendens when he claims an %. Sheriffs deput#, or
affirmative relief in his answer. &. 0ther proper court officers, or
?. or /ustifiable reasons, b# an#
Aotice of lis pendens C(AA0 be suitable person authoriFed b#
cancelled on an e" parte motion or upon the court issuing the summons.
the mere filing of a bond b# the part# on
whose title the notice is annotated, as En,&eration is E$CLUSIVE.
section 1? provides that such
cancellation ma# be authoriFed -7 ALIAS SUONS  issued when original
upon order of court, after proper has not produced its effect because it is
showing that! defective in form or manner of service,
1. he notice is for the purpose of and when issued, supersedes the first
molesting the adverse part#$ or 'Section +.
%. *t is not necessar# to protect the
rights of the part# who caused it FINDS O! SERVICE O! SUONS*
to be recorded. 1. personal service
%. substituted service
RULE 15 &. b# publication
SUONS
*n actions in personam where the
PURPOSE O! SUONS* defendant cannot be served with
1. to ac>uire /urisdiction over the summons personall# or b# substituted
person of the defendant, and$ service, the case must first be converted
%. to give notice to the defendant into an in rem or >uasi in rem action b#
that an action has been attaching the propert# of the defendant
commenced against him. found in the Dhilippines before summons
can be served b# publication. *f no
E!!ECT O! NON>SERVICE* Unless there propert# can be found, the action shall
is waiver, non-service or irregular be archived but shall not be dismissed.
service renders null and void all (Citi=ens Suret vs. Court !ppeals"
subse>uent proceedings and issuances in
the action from the order of default up SERVICE O! SUONS ON DI!!ERENT
to and including the /udgment b# default ENTITIES
and the order of e"ecution.
Servi#e on entit Upon an# or all
<here the defendant has alread# been ;>o :urii#al defendants being sued
served with summons on the original personalit under common name$ or
person in charge of office
complaint, no further summons is
re>uired on the amended complaint if it Service upon *n case of minors! b#
does not introduce new causes of action. minors and serving upon the minor,
incompetents regardless of age, (A:
3ut where the defendant was declared in upon his legal guardian, or
default on the original complaint and the also upon either of his
plaintiff subse>uentl# filed an amended parents.
complaint, new summons must be served *n case of incompetents!
on the defendant on the amended b# serving on him
personall# (A: upon his
34
legal guardian, but not Dhilippines in

upon his parents, unless which defendant
when the# are his legal has a lien or
guardians interest$
*A (AK 5)5A, if the
minor or incompetent has  demands a relief
no legal guardian, the which consists
wholl# or in part in
plaintiff must obtain the e"cluding the
appointment of a guardian defendant from
ad litem for him. an# interest in an#
propert# within the
Service upon Serve on officer having Dhil$ or
prisoner management of the /ail or  propert# of
prison defendant has
been attached in
Service upon o the president, the Dhil.
domestic private managing partner, general
/uridical entit# manager, corporate ode o' service
5A*K secretar#, treasurer, or a.with leave of court
in-house counsel. served outside the
A05! Service upon a Dhil. 3# personal
person other than those service$ or
mentioned is invalid and b.with leave of court
does not bind the serve b# publication
corporation. he in a newspaper of
enumeration is general circulation,
5LC;US*)5. in which case cop# of
the summons and
Service upon Serve on resident agent $ order of court must
foreign private or if none$ on govt also be sent b#
/uridical entit# official designated b# law$ registered mail to
or the last nown
on an# officer or agent of address of
the corporation within the defendant$ or
Dhilippines. c. an# other manner the
court deem
Service upon in case defendant is the sufficient.
public 6epublic of the
corporations Dhilippines - b# serving
upon the Solicitor 2eneral Service upon a Substituted service or
in case of a province, cit# resident with leave of court,
or municipalit#, or lie temporaril# out of personal service out of
public corporations @ b# the Dhil. the Dhil. as under
serving on its e"ecutive e"traterritorial service
head, or on such other
officer or officers as the Service upon an <ith leave of court, b#
law or the court ma# unnown publication in a
direct. defendant or newspaper of general
whose circulatiuon
5"traterritorial 6e>uisites whereabouts are
service a. defendant does unnown
not reside or is
not found within Section 0. Vo-,ntar) a//earance.
the Dhil.
b. he action either!
(n# form of appearance in court, b# the
 affects the personal
status of plaintiff$ defendant, b# his agent authoriFed to do
 relates to or the so, or b# attorne#, is e>uivalent to
sub/ect of which is service of summons 5LC5D where such
propert# within the appearance is precisel# to ob/ect to the
35
/urisdiction of the court over the person manner as shall ensure its re#eipt at
of the defendant. least & da#s before the hearing.
E$CEPTIONS*
*nclusion in a motion to dismiss of other 1. 5" parte motions
grounds aside from lac of /urisdiction %. Urgent motions
over the person of the defendant shall &. =otions agreed upon b# the
A0 be deemed a voluntar# parties to be heard on shorter
appearance. notice or /ointl# submitted b#
the parties, and
RULE 1% ?. =otions for summar# /udgment
OTIONS which must be served at least 1I
da#s before its hearing
+. Aon-litigated motions.
OTION @ is an application for relief
other than b# a pleading. Section %. Notice o' 6earing.
A0*C5 0 E5(6*A2 shall!
GENERAL RULE* =otions must be in 1. 3e addressed to all parties
writing. concerned
E$CEPTION* hose made in open court %. Specif# the time and date of the
or in the course of hearing or trial. hearing which must not be later
than 1I da#s after the filing of
FINDS O! OTIONS the motion
a. motion ! PART!- made without NOTE* (n# motion that does not compl#
the presence or a notification to the with Sections ?, + and  of this 6ule is a
other part# because the >uestion mere scrap of paper, should not be
generall# presented is not accepted for filing and, if filed, is not
debatable. entitled to /udicial cogniFance and does
not affect an# reglementar# period
b. motion O. CO/RS! @ where the involved for the filing of the re>uisite
movant is entitled to the relief or pleading.
remed# sought as a matter of
discretion on the part of the court. O&ni(,s otion R,-e - (ll available
grounds for ob/ection in attacing a
c. 0(T(AT!" motion @ one made with pleading, order, /udgment, or
notice to the adverse part# to give proceeding should be invoed at one
an opportunit# to oppose. time, otherwise, the# shall be deemed
waived.
d. SP!C(A 0 motion - motion addressed
to the discretion of the court. otion 'or -eave to file a pleading or
motion shall be accompanied b# the
GENERAL RULE! ( motion cannot pra# pleading or motion sought to be
for /udgment. admitted, otherwise, the latter will be
E$CEPTIONS* denied.
1. =otion for /udgment on the
pleadings RULE 1+
%. =otion for summar# /udgment OTION TO DISISS
&. =otion for /udgment on
demurrer to evidence. A otion to Dis&iss is NOT a responsive
pleading.
Section 5. 2earing on &otion.
3>DA" NOTICE RULE Section 1. Gro,nds.
GENERAL RULE* Service of the cop# of 1. Ao /urisdiction over the person
motions should be made in such a of the defending part#
3
%. Ao /urisdiction over the sub/ect Eowever, such admission is limited onl#

matter of the claim to all material and relevant facts which
&. *mproper venue are well pleaded in the complaint.
?. Ao legal capacit# to sue
+. ;itis pendentia (n action cannot be dismissed on a
. 6es /udicata ground not alleged in the motion even if
7. Drescription said ground is provided for in 6ule 1.
8. States no cause of action
E$CEPT*
9. Claim or demand has been paid, 1. hose cases where the court ma#
waived, abandoned, or otherwise dismiss a case motu proprio
e"tinguished 'Sec. 1, 6ule 9
1I. Claim is unenforceable under the %. Such ground appears in the
Statute of rauds allegations of the complaint or in
11. Aon-compliance with a condition plaintiffs evidence
precedent for filing claim
RE#UISITES O! LITIS PENDENTIA
1. Darties to the action are the
same
OTION TO DISISS OTION TO DISISS
%. here is substantial identit# in
UNDER RULE 1+ UNDER RULE 33 the cause of action and relief
7de&,rrer to sought
evidence8 &. he result of the first action is
determinative of the second in
2rounded on based on insufficienc# an# event and regardless of
preliminar# of evidence. which part# is successful
ob/ections.
=otion to dismiss ma# be filed in either
ma# be filed b# an# =a# be filed onl# b# suit, not necessaril# in the one instituted
defending part# the defendant against first.
against whom a claim the complaint of the
is asserted in the plaintiff.
action.
RE#UISITES O! RES 4UDICATA
1. Drevious final /udgment
should be filed within =a# be filed onl# after %. 4urisdiction over the sub/ect
the time for but prior the plaintiff has matter and the parties b# the
to the filing of the completed the court rendering it
answer of the presentation of his &. 4udgment upon the merits
defending part# to the evidence. ?. *n a case prosecuted between
pleading asserting the same parties
claim against him. +. *nvolving the same sub/ect
matter
*f denied, defendant *f denied, defendant
. Same cause of action
answers, or else he ma# present evidence
ma# be declared in if granted, plaintiff
default appeals and the 0rder here could be res /udicata without a
*f granted, plaintiff of the dismissal is trial, such as in a /udgment on the
ma# appeal or if reversed, the pleadings '6ule &?$ a summar#
subse>uent case is not defendant loses his /udgment '6ule &+$ or an order of
barred, he ma# re-file right to present dismissal under Section & of 6ule 17.
the case evidence.
<hen the ground for dismissal is that the
E''ect o' &otion to dis&iss* ( motion to complaint states no cause of action,
dismiss h#potheticall# admits the truth such fact can be determined onl# from
of the facts alleged in the complaint. the facts alleged in the complaint.
3!
<here the plaintiff has not e6a,sted to dismiss, counted from his receipt of
a-- ad&inistrative re&edies, the the denial order, but not less than + da#s
complaint not having alleged the fact of in an# event.
such e"haustion, the same ma# be
dismissed for failure to state a cause of he same rule of granting onl# the
action. balance of the period is followed where
the court, instead of den#ing the motion
Aon-compliance with P.D. 1% to dismiss, orders the amendment of the
7Hatarungang Dambaranga# ;aw ma# pleading challenged b# the motion, in
result to dismissal of the case on the which case, the balance of the period to
ground of non-compliance with a answer runs from his receipt of the
condition precedent. amended pleading.
(n action cannot be dismissed on the

ground that the complaint is vague or
indefinite. he remed# of the defendant Section %. E''ect o' dis&issa-
is to move for a bill of particulars or GENERAL RULE! he action or claim ma#
avail of the proper mode of discover#. be refiled.
E$CEPTION* he action cannot be
GENERAL T"PES O! A OTION TO refiled if it was dismissed on an# of
DISISS these grounds!
1. motion to dismiss before answer 1. 6es /udicata$
under 6ule 1 %. Drescription$
%. motion to dismiss under 6ule 17 &. 5"tinguishment of the claim
a. upon notice b# plaintiff or demand$
b. upon motion of plaintiff ?. Unenforceabilit# under the
c. due to fault of plaintiff Statute of rauds.
&. motion to dismiss on demurrer to
evidence after plaintiff has rested Section +. P-eading gro,nds as
his case under 6ule && a''ir&ative de'enses.
?. motion to dismiss the appeal filed *f no motion to dismiss had been filed,
either in the lower court '6ule an# of the grounds for dismissal provided
?1,Sec. 1& or in the appellate for in 6ule 1, *AC;U:*A2 *=D60D56
court '6ule +I, Sec.1 . )5AU5, ma# be pleaded as affirmative
defenses and preliminaril# heard in the
discretion of the court.
E!!ECTS O! REED"
:ismissal under this section @ <*E0U
ACTION ON TD pre/udice to the prosecution in the same
0rder granting motion (ppeal from the order or separate action of a C0UA56C;(*=
to dismiss is final of dismissal
pleaded in the answer
order
0rder den#ing the Certiorari and
motion to dismiss is prohibition if there is
RULE 1B
interlocutor# grave abuse of DISISSAL O! ACTIONS
discretion amounting
to lac or e"cess of Section 1. Dis&issa- ,/on notice ()
/urisdiction under 6ule /-ainti''.
+
:ismissal is effected not b# motion but
b# mere A0*C5 of dismissal which is a
Section 5. Ti&e to /-ead. matter of right 35065 the defendant
has answered or moved for a summar#
:efendant is granted onl# the balance of /udgment.
the reglementar# period to which he was
entitled at the time he filed his motion
3"
3ut notice of dismissal re>uires an order Dis&issa- ,nder t6is r,-e is ;IT2OUT
of the court confirming the dismissal. PRE4UDICE 5LC5D!
Such dismissal is ;IT2OUT PRE4UDICE 1. <hen otherwise stated in the
E$CEPT! motion to dismiss$
1. <here the notice of dismissal so %. <hen stated to be with
provides$ pre/udice in the order of the
%. <here the plaintiff has previousl# court.
dismissed the same case in a
court of competent /urisdiction he approval of the court is necessar# in
'T;O>DISISSAL RULE$ the dismissal or compromise of a class
&. 5ven where the notice of dismissal suit.
does not provide that it is with
pre/udice but it is premised on Section 3. Dis&issa- d,e to 'a,-t o'
the fact of pa#ment b# the /-ainti''.
defendant of the claim
involved. CAUSES !OR DISISSAL
1. Dlaintiff fails to appear for no
Section 0. Dis&issa- ,/on &otion o' /ustifiable cause on the date of
/-ainti''. the presentation of his evidence
in chief on the complaint
<here the plaintiff moves for the %. Dlaintiff fails to prosecute his
dismissal of his complaint to which a action for an unreasonable
counterclaim has been interposed, the length of time '-77
dismissal shall be limited to the P-S?04"
complaint. &. Dlaintiff fails to compl# with
these 6ules or an# order of the
Such dismissal shall be without pre/udice court. Un/ustifiable inaction on
to the right of the defendant to either! the part of plaintiff to have the
1. Drosecute his counterclaim in a case set for trial is a ground for
separate action, dismissal for 'ai-,re to
/rosec,te.
*n this case, the court should
render the corresponding order Complaint ma# be dismissed
granting and reserving his right 1. Upon motion of the defendant,
to prosecute his claim in a or
separate complaint. %. Upon courts own motion.
>OR> Dis&issa- s6a-- 6ave t6e e''ect o' an

AD4UDICATION UPON T2E ERITS
%. o have the same resolved in the 7;IT2 PRE4UDICE8 ,n-ess ot6erise
same action. dec-ared () t6e co,rt.
*n such case, defendant must

manifest such preference to the
trial court within 1+ da#s from
SECTION 0 SECTION 3
notice to him of plaintiffs
motion to dismiss. :ismissal is at the :ismissal is not
instance of the procured b# plaintiff
hese alternative remedies of the plaintiff$ though /ustified b#
defendant are available to him causes imputable to
652(6:;5SS 0 <E5E56 E*S him$
C0UA56C;(*= *S C0=DU;S06K 06
D56=*SS*)5. :ismissal is a matter :ismissal is a matter
of procedure, without of evidence, an
pre/udice unless ad/udication on the
otherwise stated in merits$
3#
the order of the court Civi- Code, a special power of attorne#

or on plaintiffs is re>uired.
motion to dismiss his
own complaint$
:ismissal is without :ismissal is without

pre/udice to the right pre/udice to the right
of the defendant to of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
separate action unless same or separate
wJin 1+ da#s from action.
notice of the motion
he manifests his
intention to have his
counterclaim resolved
in the same action
RULE 1
PRE>TRIAL
E!!ECT O! NON>APPEARANCE O!
PLAINTI!!!
PRE>TRIAL- a mandator# conference and
Cause for dismissal of the action, with
personal confrontation before the /udge
pre/udice, unless otherwise ordered b#
between the parties and their respective
the court.
counsel.
E!!ECT O! NON>APPEARANCE O!
he plaintiff must promptl# move e"
DE!ENDANT*
parte that the case be set for pre-trial ,
Cause to allow the plaintiff to present
and this he must do upon the service and
evidence e" parte and the court to
filing of the last pleading.
render /udgment on the basis thereof.
he pre-trial and trial on the merits of
Pre>tria- (rie'. *t is the mandator# dut#
the case must be held on separate
of the parties to seasonabl# file their
dates.
pre-trial briefs under the conditions and
with the sanctions provided therein.
;6en non>a//earance o' a /art) &a)
(e ec,sed 7Sec.58*
ailure to file pre-trial brief has the
1. *f a valid cause is shown
same effect as failure to appear at the
therefore
pre-trial.
%. *f a representative shall appear
in his behalf full# authoriFed in
Record o' /re>tria-. he contents of the
writing to!
D65-6*(; order shall control the
a. 5nter into an amicable
subse>uent course of the action, UA;5SS
settlement
modified before trial to prevent
b. Submit to alternative modes
manifest in/ustice.
of dispute resolution
c. 5nter into stipulations or
( part# is deemed to have waived the
admissions of facts and of
delimitations in a pre-trial order if he
documents
failed to ob/ect to the introduction of
evidence on an issue outside of the pre-
( special authorit# for an attorne# to
trial order, as well as in cross-e"amining
compromise is re>uired under Sec. 03
the witness in regard to said evidence.
R,-e 13. Under Art. 1B 7c8 o' t6e
40
@- C+! - P84!7 P7S. S + A

P!G.
1. 0ne who has legal interest in the
matter in litigation
%. 0ne who has legal interest in the
success of either of the parties,
&. 0ne who has an interest against
both parties
?. 0ne who is so situated as to be
adversel# affected b# a
distribution or other disposition
of propert# in the custod# of the
court or of an officer thereof.
!ACTORS TO E CONSIDERED " T2E

COURT
1. <hether or not the intervention
will undul# dela# or pre/udice
the ad/udication of the rights of
the original parties$
PRE>TRIAL
Ao (micable ailure to
Settlement Settlement (ppear
(greements
made b# parties$ *f plaintiff is *f defendant
(mendments to (bsent, when is absent,
pleading$ so re>uired to court ma#
Schedule of trial attend, the hear evidence
court ma# of plaintiff
dismiss the e" parte
case
TRIAL
*f evidence is insufficient to
prove plaintiffs cause of
Co,rt action or defendants
renders counterclaim, court rules in
decision favor of either one or
dismisses the case
%.
<hether or not the intervenors
rights ma# be full# protected in
a separate proceeding.
RULE 1= he interest which entitles a person to

INTERVENTION intervene in a suit must be on the
matter in litigation and of such direct
;2O &a) intervene
41
and immediate character that the

intervenor will either gain or lose b# the
SUPOENA SUONS
direct legal operation and effect of the
an order to appear and 0rder to answer
/udgment. testif# or to produce complaint
boos and documents
ma# be served to a Served on the
INTERVENTION INTERPLEADER non-part# defendant
needs tender of does not need tender
ilometrage, of ilometrage and
(n ancillar# action. (n original action.
attendance fee and other fees
reasonable cost of
Droper in an# of the Dresupposes that the
production fee
four situations plaintiff has no
mentioned in this interest in the sub/ect
6ule. matter of the action SUPOENA AD TESTI!ICANDU @ a
or has an interest process directed to a person re>uiring
therein, which in him to attend and to testif# at the
whole or in part, is not hearing or the trial of an action, or at
disputed b# the other an# investigation conducted b#
parties to the action. competent authorit#, or for the taing of
his deposition.
:efendants are :efendants are being
alread# original sued precisel# to SUPOENA DUCES TECU @ a process
parties to the pending implead them directed to a person re>uiring him to
suit bring with him boos, documents, or
other things under his control.
Section 0. Ti&e to intervene. Section 0. ) 6o& iss,ed

(t an# time before rendition of ;2O &a) iss,e
/udgment b# the trial court. 1. Court before whom the witness
is re>uired to attend
4USTI!ICATION* 3efore /udgment is %. Court of the place where the
rendered, the court, for good cause deposition is to be taen
shown, ma# still allow the introduction &. 0fficer or bod# authoriFed b#
of additional evidence and that is still law to do so in connection with
within the liberal interpretation of the investigations conducted b# said
period for trial. officer or bod#
?. (n# 4ustice of the SC or of the
Since no /udgment has #et been C( in an# case or investigation
rendered, the matter sub/ect of the pending within the Dhilippines.
intervention ma# still be readil# resolved
and integrated in the /udgment disposing SU3D05A( 0 ( D6*S0A56 @ must be for
of all claims in the case. a valid purpose$ if prisoner re>uired to
appear in court is sentenced to death,
REEDIES !OR T2E DENIAL O! reclusion perpetua or life imprisonment
INTERVENTION* and is confined in prison @ must be
1. !PP!7 authoriFed b# the SC.
%. M!!M0S if there is grave
abuse of discretion Section 5. #UAS2ING A SUPOENA.
*f there is improper granting of (. S,(/oena DUCES TECU ma# be
intervention, the remed# of the part# is >uashed upon proof that!
certiorari. 1. *t is unreasonable and
oppressive$
RULE 01 %. he articles sought to be
SUPOENA produced do not appear prima
facie to be relevant to the
issues$
42
&. he person asing for the nowledge of the issues and evidence
subpoena does not advance the long before the trial to prevent such
cost for the production of the trial from being carried on in the dar.
articles desired.
odes o' discover) ,nder t6e R,-es o'
3. S,(/oena AD TESTI!ICANDU ma# Co,rt
be >uashed if the witness is not bound 1. :epositions pending action '6ule
thereb#. %&.
%. :epositions before action or
*n 5*E56 case, the subpoena ma# be pending appeal '6ule %?.
>uashed for failure to tender the witness &. *nterrogatories to parties '6ule
fees and ilometrage allowed () t6e %+.
R,-es. ?. (dmission b# adverse part# '6ule
%.
GENERAL RULE +. Droduction or inspection of
a. he court which issued the documents, or things '6ule %7.
subpoena ma# issue a warrant . Dh#sical and mental e"amination
for the arrest of the witness and of persons '6ule %8.
mae him pa# the cost of such
warrant and seiFure, if the court Discover) (e'ore anser.
should determine that his *t is onl# in the e"ceptional or unusual
disobedience was willful and case that the need for discover# arises,
without /ust cause 'Sec. 8$ or that it should be allowed before
service of answer.
b. he refusal to obe# a subpoena
without ade>uate cause shall be =odes of :iscover# are intended to be
deemed a contempt of the court CU=U;(*)5, and not alternative nor
issuing it 'Sec.9. mutuall# e"clusive.
Ece/tions*
Drovisions regarding the compelling of :iscover# is A0 =(A:(06K but failure
attendance 'Sec. 8 and contempt 'Sec. to avail carries sanctions in R,-es 0% and
9 does not appl# where! 0+.
a. <itness resides more than 1II

m from his residence to the RULE 03
place where he is to testif# b# DEPOSITIONS PENDING ACTION
the ordinar# course of travel,
generall#, b# overland DEPOSITION @ is a written testimon# of a
transportation 7VIATOR" witness given in the course of a /udicial
RIG2T8. proceeding in advance of the trial or
hearing upon oral e"amination or in
b. Dermission of the court in which response to written interrogatories and
the detention prisoners case is where an opportunit# is given for cross-
pending was not obtained. e"amination.
RULES O! DISCOVER" :epositions are intended as a means to

DISCOVER" - is the procedure b# which compel disclosure of facts resting in the
one part# in an action is enabled to nowledge of a part# or other person,
obtain before trial nowledge of relevant which are relevant in a suitJproceeding.
facts and of material evidence in the
possession of the adverse part# or of a CLASSI!ICATIONS O! DEPOSITIONS
witness. 1. :epositions on 06(;
5L(=*A(*0A and :epositions
Rationa-e o' discover)* to enable the upon <6*5A
parties to obtain the fullest possible *A56602(06*5S
43
%. :epositions "! B!N! !SS! -

those taen for purposes of a <itness, whether or 3# an# part# for an#
pending action '6ule %& $ and not a part# purpose if the court
&. :epositions (N P!RP!T/A R!( finds the + instances
occurring
!OR(A - those taen to
perpetuate evidence for
purposes of anticipated action,
or in the event of further SCOPE O! IN#UIR" IN DEPOSITIONS*
proceedings in a case on appeal, 1. =atter which is relevant to the
and to preserve it against danger sub/ect of the pending action$
of loss '6ule %?. %. Aot privileged
&. Aot restricted b# a protective
;2EN TAFEN order
<*E ;5()5 0 C0U6
1. after /urisdiction has been Certiorari will not lie against an order
obtained over an# defendant or admitting or re/ecting a deposition in
over the propert# which is the evidence, the remed# being an appeal
sub/ect of the action and from the final /udgment.
35065 answer.
%. :eposition of a person confined Section B. E''ect o' ta@ing de/ositions.
in prison.
( part# shall not be deemed to mae a
person his own witness for an# purpose
<*E0U ;5()5 0 C0U6 b# taing his deposition because
(56 answer (A: deponent is not depositions are taen for discover# and
confined in prison. not for use as evidence.
Section 5. Use o' de/ositions. Ece/tion* *f a part# offers the

<here the witness is available to testif# deposition in evidence, then he is
and the situation is not one of those deemed to have made the deponent his
e"cepted under Sec. ?, his deposition is witness 7Sec.8
inadmissible in evidence and he should
be made to testif#. Ece/tion to t6e Ece/tion* Unless the
deposition is that of an# adverse part#,
*t can be used as evidence b# a part# for and unless, of course, the deposition is
an# purpose under the specific used for impeaching or contradicting the
conditions in Sec. ?. deponent 7Sec.8.
Section 1 and 11. Persons (e'ore

6o& de/ositions &a) (e ta@en.
DEPONENT USE
(n# person 3# an# part# for ;IT2IN T2E P2ILIPPINES*

contradicting or 1. /udge
impeaching the %. notar# public
testimon# of deponent &. an# person authoriFed to
as witness administer oaths, as stipulated
b# the parties in writing
( part# or an# one 3# an adverse part# for
who at the time of an# purpose OUTSIDE T2E P2ILIPPINES*
the deposition was
1. on notice, before a secretar# of
an 0*C56,
:*65C06, or
embass# or legation, consul
=(A(2*A2 (25A of general, consul, vice-consul, or
a public or private consular agent of the Dhil.
corp., partnership, %. before such person or officer as
or association which ma# be appointed b# commission
is a part# or letters rogator#
44
&. an# person authoriFed to of an# right nor even of the facts to
administer oaths, as stipulated which the# relate, as it can be
b# the parties in writing controverted at the trial in the same
manner as though no perpetuation of
Section 10. Co&&ission or -etters testimon# was ever had. Eowever, in the
rogator). absence of an# ob/ection to its taing,
and even if the deponent did not testif#
at the hearing, the perpetuated
testimon# constitutes prima 'a#ie proof
COISSION LETTERS ROGATOR"
of facts referred to in the deposition.
*ssued to a non- *ssued to the
/udicial foreign officer appropriate /udicial
who will directl# tae officer of the foreign Section +. Use o' de/osition.
the testimon# countr# who will direct
somebod# in said *f deposition is taen under this 6ule, it
foreign countr# to tae ma# be used in an# action involving the
down testimon# S(=5 SU345C =(56 subse>uentl#
(pplicable rules of (pplicable rules of brought.
procedure are those of procedure are those of
the re>uesting court the foreign court Section B. De/ositions /ending a//ea-.
re>uested to act
Sec. 7 is the procedure in perpetuating
6esorted to if 6esorted to if the
testimon# (56 4U:2=5A *A E5 6C
permission of the e"ecution of the
foreign countr# is commission is refused in and :U6*A2 E5 D5A:5ACK 0 (A
given the foreign countr# (DD5(;.
;eave of court is not ;eave of court is
necessar# necessar#
Section 1. otion to ter&inate or
-i&it ea&ination. RULE 0%
INTERROGATORIES TO PARTIES
A" E !ILED*
1. an# time during the taing of the DU6D0S5 of <ritten *nterrogatories! to
deposition elicit facts from an# adverse part#
%. on motion or petition of an# 'answers ma# also be used as admissions
part# or of the deponent$ or of the adverse part#
&. upon showing that the
e"amination is conducted in ! <ritten interrogatories and the answers
a. bad faith thereto must both be *;5: and S56)5:.
b. in such manner as
unreasonabl# to anno#,
embarrass, or oppress Interrogatories i-- o' Partic,-ars
the deponent or part# ( part# ma# properl# ( part# ma# properl#
see disclosure of see disclosure onl# of
matters of proof matters which define
RULE 05 which ma# later be the issues and become
DEPOSITIONS E!ORE ACTION OR made a part of the a part of the
PENDING APPEAL records as evidence. pleadings.
:epositions under this 6ule are also ( part# ma# serve written
taen conditionall#, to be used at the interrogatories!
trial onl# in case the deponent is not 1. <*E0U ;5()5 0 C0U6 @
available. after answer has been served,
for the first set of
:epositions under this 6ule do not prove interrogatories.
the e"istence of an# right and the %. <*E ;5()5 0 C0U6 @ before
testimon# perpetuated is not in itself answer has been served
conclusive proof, either of the e"istence '65(S0A! at that time, the
45
issues are not #et /oined and the (s to :eponent (s to :eponent

disputed facts are not #et clear, Dart# or ordinar# part# onl#
when more than one set of witness
interrogatories is to be served. (s to Drocedure (s to Drocedure
<ith intervention of no intervention.
( /udgment b# default ma# be rendered the officer authoriFed <ritten
against a part# who fails to answer b# the Court to tae interrogatories are
written interrogatories deposition directed to the part#
himself
0nl# one set of interrogatories b# the
same part# is allowed. ;eave of court is (s to Scope (s to Scope
necessar# for succeeding sets of :irect, cross, redirect, onl# one set of
re-cross interrogatories
interrogatories.
*nterrogatories *nterrogatories
Section +. E''ect o' 'ai-,re to serve no fi"ed time 1+ da#s to answer
ritten interrogatories. unless e"tended or
reduced b# the court
6ule %+ and 6ule % are directed to the
part# who fails and refuses to 65S06 to
the discover# procedures, and should not RULE 0+
be confused with the provisions of 6ule ADISSION " ADVERSE PART"
%9 which provides for sanctions or other
conse>uences upon a part# who refuses Section 1. Re9,est 'or ad&ission.
or fails to C0=D;K with discover#
procedures dul# availed of b# opponent. DU6D0S5 0 written re>uest for
admission is to e"pedite trial and relieve
the parties of the costs of proving facts
which will not be disputed on trial and
he /ustification for this provision is that the truth of which can be ascertained b#
the part# in need of relevant facts reasonable in>uir#.
having foregone the opportunit# to
in>uire into the same from the other <hen re>uest ma# be made! at an# time
part# through means available to him, he after the issues have been /oined.
should not thereafter be permitted to
undul# burden the latter with courtroom ;6at re9,est &a) inc-,de
appearances or other cumbersome 1. (dmission of the genuineness of
processes. an# material and relevant
document described in and
Unless a part# had been served written e"hibited with the re>uest.
interrogatories, he ma# not be %. (dmission of the truth of an#
compelled b# the adverse part#! material and relevant matter of
1. to give testimon# in open court, fact set forth in the re>uest.
or &. Under this rule, a matter of fact
%. give a deposition pending not related to an# documents
appeal. ma# be presented to the other
part# for admission or denial.
he onl# ece/tion is when the court
allows it for 200: C(US5 shown and to Section 0. I&/-ied Ad&ission.
prevent a failure of /ustice. he effect of a (*;U65 to mae a repl#
to a re>uest for admission is that each of
De/ositions U/on Interrogatories to the matters of which an admission is
;ritten Parties ,nder R,-e re>uested is deemed admitted.
Interrogatories to 0%
Parties ,nder R,-e ( sworn statement either den#ing
03 Sec. 0% specificall# each matter or setting forth
4
in detail the reasons wh# he cannot he &enta- condition of a part# is in

truthfull# admit or den# those matters controvers# in proceedings for
must be filed and served upon the part# 2U(6:*(ASE*D over an imbecile or
re>uesting the admission. insane person, while the /6)sica-
condition of the part# is generall#
Section 3. E''ect o' ad&ission. involved in DEKS*C(; *A4U6*5S cases.
US5! (n admission under this section is
for the purpose of the pending action Since the results of the e"amination are
onl# and cannot be used in other intended to be made public, the same
proceedings. are not covered b# the ph#sician-patient
privilege.
he part# who fails or refuses to re>uest
the admission of facts in >uestion is Section 5. ;aiver o' /rivi-ege.
prevented from thereafter presenting
evidence thereon UA;5SS otherwise <here the part# e"amined re>uests and
allowed b# the court 7Sec.%8. obtains a report on the results of the
e"amination the conse>uences are!
1. he has to furnish the other part#
RULE 0B a cop# of the report of an#
PRODUCTION OR INSPECTION O! previous or subse>uent
DOCUENTS OR T2INGS e"amination of the same
ph#sical and mental condition,
Droduction of documents affords more (A:
opportunit# for discover# than a %. he waives an# privilege he ma#
subpoena duces tecum because in the have in that action or an# other
latter, the documents are brought to the involving the same controvers#
court for the first time on the date of regarding the testimon# of an#
the scheduled trial wherein such other person who has so
documents are re>uired to be produced. e"amined him or ma# thereafter
he TEST to be applied in determining e"amine him.
the relevanc# of the document and the
sufficienc# of their description is one of RULE 0=
reasonableness and practicalit#. RE!USAL TO COPL" ;IT2 ODES O!
DISCOVER"
PRODUCTION OR SUPOENA DUCES
INSPECTION O! TECU SANCTIONS
DOCUENTS OR 1. Contempt$
T2INGS %. Da#ment of reasonable fees$
5ssentiall# a mode of means of compelling &. he matters regarding which the
discover# production of evidence >uestions were ased, character
he 6ules is limited to ma# be directed to a or description of land et al., be
the parties to the person whether a taen to be in accordance with
action part# or not the claim of part# obtaining the
he order under this ma# be issued upon an order$
6ule is issued onl# e" parte application.
?. Drohibition on the refusing part#
upon motion with
notice to the adverse
to produce evidence or support
part# or oppose designated claims or
defenses$
+. Striing out pleadings, order the
dismissal of the action or sta#
RULE 0 the action until compliance or to
P2"SICAL AND ENTAL E$AINATION render /udgment b# default.
O! PERSONS . 0rder the arrest of the refusing
part# e"cept in cases of ph#sical
or mental e"amination.
4!
&otion to /ost/one tria- 'or i--ness o'

RULE 3 /art) or co,nse-.
TRIAL here must be an affidavit or sworn
certification showing!
TRIAL @ /udicial process of investigating 1. presence of part# or counsel at
and determining the legal controversies the trial is indispensable$ and
starting with the production of evidence %. character of his illness is such as
b# the plaintiff and ending with his to render his non-attendance
closing arguments. e"cusable.
GENERAL RULE* when an issue e"ists, Section %. Order o' tria- ,n-ess
trial is necessar#. :ecision should not be directed () t6e co,rt.
made without trial.
E$CEPTIONS* when there ma# be
/udgment without trial!
1. 4udgment on the Dleading
'6ule &?
%. Summar# 4udgment '6ule &+
&. 4udgment on Compromise
?. 4udgment b# Confession
+. :ismissal with Dre/udice
'6ule 17
Section 3. Re9,isites o' &otion to

/ost/one tria- 'or a(sence o' evidence.
here must be an affidavit showing! Unless the court for special reasons
1. materialit# or relevance of such otherwise directs, the trial shall be
evidence$ and limited to the issues stated in the pre-
%. due diligence in procuring it. trial order.
*f the adverse part# admits the facts for Section +. Agreed state&ents o' 'acts.
which evidence is to be presented, the his is nown as S*DU;(*0A 0 (CS
trial will not be postponed. and is among the purposes of a pre-trial.
Dlaintiff presents
Section he parties ma# also stipulate verball# in
evidence
5. open court. Such stipulations are binding
Re9,isites unless relief therefrom is permitted b#
the court on good cause shown, such as
:efendant presents :efendant files
evidence to demurrer to
error or fraud.
support his evidence
defenseJcountercla 3ut counsel cannot stipulate on what
imJcrossclaimJ o' their respective 5)*:5AC5 consists of
third part# and as that /udgment be rendered on
complaint the basis of such stipulation.
Stipulations of facts are not permitted in

actions for (AAU;=5A 0 =(66*(25
hird *f court *f court and for ;52(; S5D(6(*0A.
part# grants denies
defendant motion! motion! Section . S,s/ension o' actions.
presents 6enders Continues Art. 03 o' t6e Civi- Code . 5ver# civil
eidence, if dismisal with
action or proceeding shall be suspended
an# hearing
1. *f willingness to discuss a
possible compromise is
6ebuttal
5vidence b# (fter
RDarties
EMEDIAL LAW COMMITTEE
Dresentation of
evidence!
oral arguments
submission of
DECISION memoranda
4"
e"pressed b# one or both if filed with :*565A

parties$ or courts, authoriFation from
%. *f it appears that one of the the SC is necessar#.
parties, before the
commencement of the action or 3 ;A"S O! CONSOLIDATING CASES*
proceeding, offered to discuss a 1. b# 65C(S*A2 E5 C(S5S
possible compromise but the (;65(:K *AS*U5:,
other part# refused the offer. conducting onl# one hearing and
rendering onl# one decision$
Section =. 4,dge to receive evidence< %. b# C0AS0;*:(*A2 E5 5L*S*A2
de-egation to c-er@ o' co,rt. C(S5S and holding onl# one
GENERAL RULE! the /udge must himself hearing and rendering onl# one
personall# receive and resolve the decision$ and
evidence of the parties. &. b# E5(6*A2 0A;K E5 D6*AC*D(;
2oever, the reception of such C(S5 and suspending the hearing
evidence ma# be delegated under the on the others until /udgment has
following conditions! been rendered in the principal
1. he delegation ma# be made case. 7TEST>CASE ET2OD8
onl# in defaults or e" parte
hearings, or an agreement in Consolidation of cases on appeal and
writing b# the parties. assigned to different divisions of the SC
%. he reception of evidence shall and the C( is also authoriFed. 2enerall#,
be made onl# b# the cler of the case which was appealed later and
that court who is a member of bearing the higher docet no. is
the bar. consolidated with the case having the
&. Said cler shall have no power to lower docet no.
rule on ob/ections to an#
>uestion or to admission of
evidence or e"hibits$ and RULE 30
?. Ee shall submit his report and TRIAL " COISSIONER
transcripts of the proceedings,
together with the ob/ections to COISSIONER> a person to whom a
be resolved b# the court, within cause pending in court is referred, for
1I da#s from the termination of him to tae testimon#, hear the parties
the hearing. and report thereon to the court, and
upon whose report, if confirmed,
RULE 31 /udgment is rendered.
CONSOLIDATION OR SEVERANCE 6eference to a commissioner ma# be had
b# the written consent of both parties.
GENERAL RULE* Consolidation is
discretionar# upon the court Situations when reference to a
E$CEPTIONS* Consolidation becomes a Commissioner ma# be made on motion
matter of dut# when! 'Sec.%!
1. if the cases are pending before 1. 5"amination of a long account
the same /udge 06 %. aing of an account is
%. if filed with different branches necessar#
of a court and one of such cases &. Muestion of fact, other than
has A0 been partiall# tried. upon the pleading arises$ or
?. Carr#ing a /udgment or order
RE#UISITES !OR CONSOLIDATION* into effect.
1. <hen actions involving a
common >uestion of law or fact, :isobedience to a subpoena issued b#
and the commissioner is deemed a contempt
%. he actions are pending before of the court which appointed the latter.
the same court
4#
RULE 33 if the court finds if the court finds the

DEURRER TO EVIDENCE plaintiffs evidence prosecutions
insufficient, it will evidence insufficient,
Section 1. De&,rrer to evidence. grant the demurrer b# it will grant the
dismissing the demurrer b#
complaint. he rendering /udgment
/udgment of dismissal is ac>uitting the
DEURRER TO OTION TO DISISS appealable b# the accused. 4udgment of
plaintiff. *f plaintiff ac>uittal is not
EVIDENCE appeals and /udgment appeallable$ double
*t is presented after presented before a is reversed b# the /eopard# sets-in
the plaintiff has responsive pleading appellate court, it will
rested his case 'answer is made b# decide the case on the
the defendant basis of the plaintiffs
he ground is based it ma# be based on an# evidence with the
on insufficienc# of of those enumerated conse>uence that the
evidence in 6ule 1 defendant alread# loses
his right to present
0 Scenarios evidence no res
/udicata in dismissal
due to demurrer
OTION DENIED OTION GRANTED if court denies if court denies the
UT REVERSED ON demurrer, defendant demurrer!
will present his *f demurrer was with
APPEAL evidence leave, accused ma#
=ovant shall have the =ovant is deemed to present his evidence
right to present his have waived his right *f the demurrer was
evidence to present evidence. without leave,
he decision of the accused can no
appellate court will longer present his
be based onl# on the evidence and submits
evidence of the the case for decision
plaintiff as the based on the
defendant loses his prosecutions
right to have the case evidence
remanded for
reception of his
evidence.
denial is order of the court is 4UDGENT ON DEURRER TO EVIDENCE
*A56;0CU06K. Sec. an (:4U:*C(*0A 0A is a /udgment rendered b# the court
1 , 6ule & 'that E5 =56*S, hence, dismissing a case upon motion of the
/udgment should state the re>uirement in defendant, made after plaintiff has
clearl# and distinctl# Sec. 1, 6ule & rested his case, on the 260UA: that
the facts and the law should be complied upon the facts presented b# the plaintiff
on which it is based, with. and the law on the matter, plaintiff has
will not appl#.
not shown an# right to relief.
he denial is A0
appealable.
RULE 35
4UDGENT ON T2E PLEADINGS
C*)*; C(S5S C6*=*A(; C(S5S
:efendant need not as leave of court is ( /udgment on the pleadings must be on
for leave of court$ necessar# so that the motion of the claimant. 'A0
accused could SUDD06*A2 D(D56S (65 65MU*65:
present his evidence
35C(US5 5)56E*A2 *S 3(S5: 0A E5
if the demurrer is
denied D;5(:*A2S.
E0<5)56, if at the pre-trial the court

finds that a /udgment on the pleadings is
proper, it ma# render such /udgment
motu proprio.
50
GROUNDS* ;6o can !i-e

1. (nswer fails to tender an issue 1. Dlaintiff! he must wait for the
because of! answer to be filed and served, and
a. general denial of the thus for the issue to be /oined,
material allegations of before he can move for summar#
the complaint$ /udgment.
b. insufficient denial of the %. :efendant! he can move for
material allegations of summar# /udgment at an#time, that
the complaint $ or is, an#time after filing and service of
%. (nswer admits material the complaint even before he
allegations of the adverse answers
part#s pleading
he motion for summar# /udgment must
• 3# moving for /udgment on the be supported b# 718 affidavit, 708
pleading, plaintiff waives his claim depositions of the adverse part# or a
for unli>uidated damages. Claim for third part#, or 738 admissions of the
such damages must be alleged and adverse part#, all intended to show that!
proved. a. there is no genuine issue as to
an# material fact, e"cept
NO 4UDGENT ON T2E PLEADINGS IN damages which must alwa#s be
ACTIONS !OR proved, and
1. :eclaration of nullit# of b. the movant is entitled to a
marriage /udgment as a matter of law.
%. (nnulment of marriage
&. ;egal Separation he summar# /udgment ma# be a
/udgment on the merits, in which case,
an appeal ma# be taen therefrom.
otion to Dis&iss otion 'or

:,dg&ent on t6e SUAR" 4UDGENT 4UDGENT
/-eadings 4UDGENT ON T2E " DE!AULT
PLEADINGS 7R,-e =8
iled b# a defendant iled b# the plaintiff 3ased on the based solel# on based on the
to a complaint, if the answer raises pleadings, the pleadings. complaint and
counterclaim, cross- no issue. depositions, evidence, if
claim or &rd-part# admissions presentation is
complaint and affidavits re>uired.
(vailable to generall# (vailable to
both plaintiff available onl# plaintiff.
*f the complaint states no cause of and defendant to the plaintiff,
action, a motion to dismiss should be unless the
filed and not a motion for /udgment on defendant
the pleading. presents a
counterclaim.
here is he answer no issues as no
RULE 3% no genuine fails to tender answer is filed
SUAR" 4UDGENTS issue between an issue or b# the
the parties, there is an defending
i.e. there ma# admission of part#.
SUAR" 4UDGENT be issues but material
0ne granted b# the court for the prompt these are allegations.
disposition of civil actions wherein it irrelevant
clearl# appears that there e"ists A0 1I-da# notice &-da# notice &-da# notice
genuine issue or controvers# as to an# re>uired re>uired rule applies.
material fact.
51
=a# be 0n the merits 0n the merits he power to amend a /udgment is

interlocutor# inherent to the court before /udgment
or on the becomes final and e"ecutor#.
merits
(fter /udgment has become e"ecutor#,
the court cannot amend the same
RULE 3+
4UDGENTS !INAL ORDERS AND ENTR" E$CEPT*
T2EREO! 1. o mae corrections of
clerical errors, not
substantial amendments, as
4UDGENT> final consideration and b# an amendment nnc 45o
determination b# a court of the rights of tnc.
the parties, upon matters submitted to it %. o clarif# an ambiguit#
in an action or proceeding. which is borne out b# and
/ustifiable in the conte"t of
he date of finalit# of the /udgment or the decision.
final order shall be deemed to be the &. *n /udgments for support,
date of its entr#. which can alwa#s be
amended from time to time.
RE#UISITES O! A 4UDGENT*
1. *t should be in writing, personall#
and directl# prepared b# the /udge ANNER O! ATTACFING 4UDGENTS*
%. =ust state clearl# and distinctl# the
facts and the law on which it is 1. Direct attac@
based a. before finalit#
&. *t should contain a dispositive part 1. motion for new trial or
and should be signed b# the /udge reconsideration$
and filed with the cler of court. %. appeal
b. after finalit#
PROULGATION- the process b# which a 1. relief from /udgment, rule
decision is published, officiall# &8
announced, made nown to the public or %. annulment of /udgment,
delivered to the cler of court for filing, 6ule 5B.
coupled with notice to the parties or
their counsel. 0.Co--atera- attac@
EORANDU DECISION- a decision of

the appellate court which adopts the
findings and the conclusion of the trial
court.
4UDICIAL COPROISE
• ( /udgment based on a
compromise which has the force
of law and is conclusive between
parties.
• Aot appealable.
A 4UDGENT is considered RENDERED

Upon filing of the signed decision. his
includes an amended decision because
an amended decision is a distinct and
separate /udgment and must follow the
established procedural rule.
52
PROULGATION O! 4UDGENT • rendered to enter or record such

/udgment as has been formerl#
Court 6enders :ecision rendered but has not been
entered as thus rendered
• its onl# function is to record
iling appeal within some act of the court which was
;osing Dart# 1+J&I da#s from done at a former time, but
notice of /udgment which was not then recorded, in
order to mae the record spea
the truth, without an# changes
(ccepts <ithin 1+J&I da#s in substance or an# material
decision from notice of respect.
without further /udgment!
contest =otion for 4,dg&ent ,/on Agree&ent or
reconsideration$ or
motion for new trial Co&/ro&ise
( compromise agreement between the
parties to a case on which the decision
Court
of the court was based has upon the
maintains
decision parties the effect and authorit# of res
Court grants motion! /udicata. *t is immediatel# e"ecutor#.
1.modifies decision$ or
%.grants new trial
*f no appeal is 4,dg&ent () Con'ession
taen or did 4udgment upon confession is one which
not avail of
remedies, is rendered against a part# upon his
/udgment petition or consent. *t usuall# happens
becomes final ;osing part# ma# when the defendant appears in court
and e"ecutor# appeal within the and confesses the right of the plaintiff to
remaining period /udgment or files a pleading e"pressl#
agreeing to the plaintiffs demand.
Section 5. Severa- :,dg&ents.
Several /udgment is proper where the
To @inds o' :,dg&ent () con'ession
liabilit# of each part# is clearl#
1. ( /udgment b# COGNOVIT
separable and distinct from his co-
ACTIONE @ here, the defendant
parties such that the claims against each
after service instead of entering
of them could have been the sub/ect of
a plea, acnowledged and
separate suits, and the /udgment for or confessed that the plaintiffs
against one of them will not necessaril#
cause of action was /ust and
affect the other.
rightful.
%. ( /udgment () CON!ESSION
( several /udgment is A0 proper in
RELICTA VERI!ICATIONE @ after
actions against solidar# debtors.
pleading and before trial, the
defendant both confessed the
Section +. Se/arate 4,dg&ents
plaintiffs cause of action and
Droper when more than one claim for
withdrew or abandoned his plea
relief is presented in an action and a or other allegations, whereupon
determination as to the issues material /udgment was entere against him
to the claim has been made. he action
without proceeding to trial.
shall proceed as to the remaining
claims.
4,dg&ent ,/on 4,dg&ent ()

Co&/ro&ise Con'ession
he provisions and (n affirmative and
4,dg&ent N/NC PRO T/NC 'literall# terms are settled and voluntar# act of the
means Bnow for then agreed upon b# the defendant himself.
parties to the action, he court e"ercises a
53
and which is entered certain amount of P,r/ose* to set aside the /udgment or
in the record b# the supervision over the final order and grant a new trial.
consent of the court. entr# of /udgment.
;2EN to 'i-e* within period for taing
C-ari'icator) 4,dg&ent appeal.
rendered b# the court, upon motion,
when a /udgment previousl# rendered is ;2ERE to 'i-e* with the trial court
ambiguous and difficult to compl# with. which rendered the >uestioned
/udgment.
AENDED OR SUPPLEENTAL
CLARI!IED DECISION OTION !OR A NE; OTION !OR
4UDGENT TRIAL RECONSIDERATION
he grounds are! fraud, he grounds are! the
*t is an entirel# new :oes not tae the accident, mistae or damages awarded are
decision and place of or e"tinguish e"cusable negligence or e"cessive, that the
supersedes the the original /udgment newl# discovered evidence is insufficient
original /udgment evidence which could to /ustif# the decision
not, with reasonable or final order, or that
Court maes a Serves to bolster or diligence, have the decision or final
thorough stud# of the add to the original discovered and produced order is contrar# to
original /udgment and /udgment at the trial, and which if law.
renders the amended presented would
and clarified /udgment probabl# alter the result
onl# after considering Second motion ma# be Second motion from
all the factual and allowed same part# is
legal issues prohibited
*f a new trial is granted if the court finds that
the trial court will set e"cessive damages
RULE 3B
aside the /udgment or have been awarded or
NE; TRIAL OR RECONSIDERATION final order that the /udgment or
final order is contrar#
to the evidence or law,
0rder den#ing it ma# amend such
motion for new trial /udgment or final order
accordingl#
Second motion for new trial

based on grounds not e"isting or RE#UISITES 'or NE;L">DISCOVERED
available when 1st motion was EVIDENCE
filed 1. =ust have been discovered after
trial
%. Could not have been discovered
(ppeal from the /udgment or
final order and assign as one of and produced at the trial
the errors the denial of the &. *f presented, would alter the
motion for new trial result of the action
?. 0therwise it is called
06205A 5)*:5AC5 .
(n order den#ing a motion for new trial
is not a//ea-a(-e.
( motion suspends or tolls the running of
the reglementar# period for appeal
NE; TRIAL - the rehearing of a case
e"cept when the same is pro-forma.
alread# decided b# the court but before
the /udgment rendered thereon becomes
PRO>!ORA OTION > when it does not
final and e"ecutor#, whereb# errors of
compl# with 6ule 1+ and 6ule &7, e.g. it
law or irregularities are e"punged from
does not point out specificall# the
the record, or new evidence is
findings or conclusions of the /udgment
introduced, or both steps are taen.
as are contrar# to law, maing e"press
54
reference to the testimonial or P,r/ose* o reconsider or amend

documentar# evidence or to the /udgment or final order
provisions of law alleged to be contrar# ;2EN to 'i-e* within period for taing an
to such findings or conclusions, and is appeal
merel# intended to dela# the
proceedings 06 if there is no affidavit of ;2ERE to 'i-e* with the trial court
merit. which rendered the /udgment or final
order sought to be reconsidered
Section +. E''ect o' granting o' &otion
'or ne tria- RULE 3
<hen motion is granted, the original RELIE! !RO 4UDGENTS ORDERS OR
/udgment is thereb# vacated and the OT2ER PROCEEDINGS
action stands for trial de novo, but the
recorded evidence taen upon the REEDIES AGAINST !INAL AND
former trial so far as the same is E$ECUTOR" 4UDGENTS OR ORDERS
material and competent to establish the
issues, shall be used at the new trial 1. Detition for 6elief from
taing the same. 4udgment '6ule &8
%. (nnulment of /udgments or final
he order den#ing a motion for new trial orders or resolutions '6ule ?7 on
is NOT appealable. the ground of!
o 5"trinsic fraud, to be filed
OTION !OR NE; OTION !OR within ? #ears from the
TRIAL REOPENING O! T2E discover# of the fraud$
TRIAL o ;ac of /urisdiction, before
Specificall# Aot mentioned in the it is barred b# laches or
mentioned in the 6ules but is estoppel
6ules nevertheless a &. :irect or collateral attac
recogniFed procedural
against a void or voidable
recourse or device
deriving validit# and
/udgment
acceptance from long o :*65C ((CH @ when the
established usage validit# of the /udgment
A05! *t is actuall# itself is the main issue of the
mentioned in the 6ules action, a petition for
of Criminal Drocedure #ertiorari and action to
Droper onl# after =a# properl# be annul /udgment on the
promulgation of presented onl# after ground of e"trinsic fraud or
/udgment either or both the
lac of /urisdiction
parties have formall#
offered and closed
o C0;;(56(; ((CH @ if the
their evidence before /udgment can be resisted in
/udgment an# other action in which it
3ased upon specific Controlled b# no other is involved.
grounds set forth rule than the
under 6ule &7 in civil paramount interests of
cases and 6ule 1%1 in /ustice, resting entirel#
criminal cases on the sound discretion RULE 3B RULE 3
of a trial court, the (vailable 35065 (vailable (56
e"ercise of which /udgment becomes /udgment has become
discretion will not be final and e"ecutor# final and e"ecutor#
reviewed on appeal (pplies to (pplies to /udgments,
UA;5SS a clear abuse 4U:2=5AS or *A(; final orders and other
thereof is shown 06:56S onl# proceeding!
1.;and 6egistration
%.Special Droceedings
OTION !OR RECONSIDERATION &. 0rder of 5"ecution
55
!INAL 4UDGENT OR ORDER - one which

260UA:S! 260UA:S! disposes of the whole sub/ect matter or
i. (=5 (=5 terminates the particular proceedings or
ii. Aewl# discovered action, leaving nothing to be done b# the
evidence
court but to enforce b# e"ecution what
<E5A ()(*;5: 0! <E5A ()(*;5: 0!
has been determined.
<ithin the time to within I da#s from
appeal nowledge of the E$ECUTION O! 4UDGENT
/udgment (A:
within  months from 4udgment is *f the winning

entr# of /udgment e"ecuted b# part# does not
*f denied, the order *f denied, the order motion within move for
of denial is A0 den#ing a petition for + #ears from e"ecution wJin
appealable, hence relief is A0 date of its + #ears but
remed# is appeal appealable$ the entr# before 1I
from the /udgment remed# is appropriate #ears from the
civil action under 6ule date of entr#
+ of /udgment,
;egal remed# 5>uitable remed# the same can
5"ecution is a
=otion need not be Detition must be matter of right onl# be revived
verified verified after b# means of a
e"piration of new action J
T;O 2EARINGS UNDER RULE 3 period to petition
1. Eearing to determine whether appeal and no
the /udgment should be set aside appeal is
%. *f #es, a hearing on the merits of perfected
the case.
:iscretionar#
he period fi"ed b# 6ule &8 is non- e"ecution upon
e"tendible and is never interrupted. good reasons
stated in a
special order
after due
RULE 3= hearing
E$ECUTION SATIS!ACTION AND
E!!ECT O! 4UDGENTS
Sheriff enforces writ of e"ecution

E$ECUTION @ remed# provided b# law
for the enforcement of a final /udgment.
TEST TO DETERINE
AGAINST ;2O ISSUED* e"ecution can
onl# issue against a part# and not against ;osing part# is made to indemnif# thru!
one who has not had his da# in court. pa#ment with interest$
lev# and sale of personal propert#$
lev# and sale of real propert#$
;RIT O! E$ECUTION* /udicial writ
issued to an officer authoriFing him to deliver# of personal and real propert#
e"ecute the /udgment of the court.
;2ET2ER A 4UDGENT OR ORDER IS
ESSENTIAL RE#UISITE O! A ;RIT O! !INAL OR INTERLOCUTOR"* he test is
E$ECUTION! a writ of e"ecution to be whether the /udgment or order leaves
valid, must conform strictl# to the nothing more for the court to do with
decision or /udgment which gives it life. respect to the merits of the case.
*t cannot var# the terms of the /udgment SPECIAL 4UDGENT @ one that re>uires
it sees to enforce the performance of an act 0E56 E(A!
1. he pa#ment of mone#$ and
5
%. he sale of real or personal

propert#
Section 1. Eec,tion U/on 4,dg&ents GROUNDS !OR E$ECUTION PENDING
and !ina- Orders. APPEAL*
1. *nsolvenc# of the /udgment
E$ECUTION (SS/!S AS A ATTER O! debtor.
RIG2T* %. <astage of asset b# /udgment
1. on motion debtor.
%. upon a /udgment or order that
disposes of the action or Section 3. Sta) o' Discretionar)
proceeding (A: Eec,tion. he part# against whom an
&. upon e"piration of the period to e"ecution is directed ma# file a
appeal therefrom and A0 appeal supersedeas bond to sta# discretionar#
has been dul# perfected. e"ecution.
GENERAL RULE* court cannot refuse SUPERSEDEAS OND- one filed b# a

e"ecution petitioner and approved b# the court
UNLESS* before the /udgment becomes final and
1. 5"ecution is UA4US 06 e"ecutor# and conditioned upon the
*=D0SS*3;5 performance of the /udgment appealed
%. 5>uitable grounds lie a CE(A25 from in case it be affirmed wholl# or in
*A S*U(*0A of the parties part.
which maes e"ecution
ine>uitable Supersedeas bond guarantees
&. 4udgment A0)(5: b# parties satisfaction of the /udgment in case of
?. 5"ecution is en/oined affirmance on appeal, not other things
+. 4udgment has become :06=(A lie damage to propert# pending the
appeal
MU(SE(; 0 <6* D60D56 <E5A!
1. *mprovidentl# issued he court ma#, in its discretion, order an
%. :efective in substance e"ecution before the e"piration of the
&. *ssued against the wrong part# time within which to appeal provided!
?. 4udgment alread# satisfied 1. here is a motion for e"ecution
+. *ssued without authorit# filed b# the winning part#
%. here is notice of said motion to
Section 0. Discretionar) Eec,tion the adverse part#$ and
&. here are good reasons stated in
a special order after due
DISCRETIONAR" E$ECUTION AS A hearing.
E$ECUTION ATTER O! RIG2T
GENERAL RULE! an order of e"ecution is
A0 appealable otherwise there would
=a# issue before Deriod to appeal has be no end to the litigation between the
the lapse of period alread# lapsed and parties.
to appeal no appeal is E$CEPTIONS*
perfected 1. <hen the terms of the /udgment
are not ver# clear$
:iscretionar# upon =inisterial dut# of
the court$ there is the court D60)*:5:
%. <hen the order of e"ecution
in>uir# on whether there are no varies with the tenor of the
there is 200: supervening events /udgment.
65(S0A for
e"ecution Section 5. 4,dg&ents NOT Sta)ed )
A//ea-
1. *A4UAC*0A
%. 65C5*)56SE*D
5!
MEMORY A
AID IN REMEDIAL LAW
&. (CC0UA*A2 must oust the part#. 3ut if demolition is

?. SUDD06 involved, there must be a special order.
+. Such other /udgments
decl
declar
ared
ed to be imme immedidiat
atel
el#
# *f part# 65US5S 0 74V,
74V, sheriff will
e"ec
e"ecut
utor
or#
# unle
unless
ss othe
otherw
rwis
ise
e tae possession and deliver it to winning
ordered b# the trial court. part#.
Sect
Sectio
ion
n +. Eec
Eec,t
,tio
ion
n ) oti
otion
on Or <hen
<hen the part#
part# 65U
65US5
S5S
S 0 C-MP7 ,
Inde/endent Action. court can appoint some other person at
the e"pense of the disobedient part# and
=0:5 0 5A06C5=5A the act done shall have the same effect
1. 3# moti
motion
on with
within
in + #ear
#earss from
from as if the re>uired
re>uired part#
part# perfor
performed
med it,
date of its entr# the disobedient part# incurs no liabilit#
%. 3# indep
ndepenende
dent
nt actio
ction
n afte
afterr + for contempt.
#ears from entr# (A: before it is
barred b# statute of limitations Sect
Sectio
ion
n 11. EeEec,tio
,tion
n o' S/ec/ecia-
ia-
4,dg&ents.
4udgment for support does not become <hen /udgment re>uires the
dormant, thus it can alwa#s be e"ecuted performance of an# act other than for
b# motion. mone# and deliver# of propert#.
+-#ear period ma# be e"tended b# the he writ of e"ecut

e"ecution
ion shall
shall be served
served
conduct of /udgment debtor. upon
upon the
the part
part## re>u
re>uir
ired
ed to obe#
obe# the
the
same and such part# ma# be punished
( revived /udgment is a new /udgment for contempt if he disobe#s.
thus
thus ano
another
ther +J1I-
J1I-#e
#ear
ar per
period
iod to
e"ecute and revive is given the part#. LEV" > act b# which an officer sets apart
or appropriates a part of the whole of
Section B. Eec,tion In Case O' Deat6 the propert# of the /udgment debtor for
O' Part). purposes or the e"ecution sale. he lev#
*f the
the obli
obligo
gorr dies
dies (5
(566 entr
entr#
# but
but on e"ecution shall create a lien in favor
35065 ;5)K on his propert#, e"ecution or the /udgment
/udgment creditor over the right,
right,
will
will be issu
issued
ed for
for reco
recove
ver#
r# of real
real or title and interest of the /udgment debtor
personal propert# or enforcement of a in such propert# at the time of the lev#.
lien thereon. 3ut for a sum of mone#,
/udgment cannot be enforced b# writ but he lev# on e"ecution creates a lien in
as a claim
claim agains
againstt his estate
estateJpr
Jproba
obate
te favor of the /udgment creditor sub/ect
proceedings. to prior liens and encumbrances.
*f he dies (56 a )(;*: ;5)K has been GARNIS2ENT - act of appropriation b#

made, e"ecution sale proceeds. the court when propert# of debtor is in
Section 8. *ssuance, orm and Contents the hands of third persons
of a <rit of 5"ecution.
he garnishee or the & rd person who is in
Re&e
Re&edidies
es in an orde
orderr gran
granti
ting
ng or poss
posses
esssion
ion of thethe prop
proper
ert#
t# of the
the
den)
den)in
ing
g t6e
t6e iss,
iss,an
ance
ce o' a rit
rit o' /udg
/udgmen
mentt debto
debtorr is deem
deemeded a 'orced
eec,tion intervenor.
(ppea
ppeall is the
the remed
emed# # for
for an orde
orderr
den#
den#in
ingg the issua
ssuan
nce of a writ of
e"ecution.
ATTAC2ENT GARNIS2ENT
Sectio
Sectionn 1.
1. Eec,t
Eec,tion
ion O' 4,dg&e
4,dg&ents
nts
!or S/eci'ic Act.
*f part# 65US5S 0 V!C! D60D56K,
remed#
remed# is A0 contempt
contempt.. he Sheri
Sheriff
ff
Ac!ions an+
5"
MEMORY A
AID IN REMEDIAL LAW
6efers to corporeal refers to mone#, a. 4udgment obligor, or his

propert# in the stocs, credits and successor in interest, in whole or
possession of the other incorporeal an# part of the propert#$ 06
/udgment debtor. propert# which belong b. 6edemp
6edemptition
oner
er who
who is a credi
credito
torr
to /udgment debtor
having a!
but is in the possession
or under the control of
1 ;ie
;ien b# attachment ent on
a third person the propert# sold
subs
subse>u
e>uent
ent to the
the lien
lien
under which the
Sect
Sectio
ion
n 1+.
1+. Proc
Procee
eedi
ding
ngss ;6er
;6ere
e propert# was sold,
Pro/ert) C-ai&ed ) T6ird Person. % ;ien
;ien b#
b# /udg
/udgme
mentnt on
on the
the
propert# sold subse>uent
REEDIES o' T2IRD PART" CLAIANT to the lien under which
the propert# was sold$
1. Summar# heari aring befoefore the
the & ;ien
;ien b#
b# mort
mortga
gage
ge on
on the
the
cour
courtt whwhic
ich
h auth
author
oriF
iFed
ed the
the propert# sold subse>uent
e"ecution$ to the lien under which
%. T!RC!R(A or third part# part# claim
claim the propert# was sold.
filed with the sheriff$
&. (ctio
(ctionn for
for dama
damage gess on the
the bond
bond ;2EN CAN REDEPTION E ADE
posted b# /udgment creditors$ or
?. *ndepen
ependdent
ent reinvidicator# 3K E5 4U:2=5A 03;*206! <ithin one
action. '1 #ear from the date of registration of
the certificate of sale.
he remedies are cumulative and ma# be
reso
resort
rted
ed to b# thir
third
d part
part#
# clai
claima
mant
nt 3K E5 65:5=D*0A56!
independentl# of or separatel# from the 1. <ithin
<ithin one #ear
#ear from
from the date
date of
of
others. registration of the certificate of
sale$ or
*f winning part# files a bond, it is onl# %. <ith
<ithin
in si"t
si"t#
# da#s
da#s from
from the
the last
last
then
then that
hat the
the sher
heriff
iff can
can tae
tae the
the redemption b# another
propert# in his possession. * A0 30A:, redemptioner
cannot proceed with the sale. ( t*e &d+ment
&d+ment ob#i+o5
ob#i+o5 5edeem
5edeems,
s, no
5t*e5 5edem4tion is a##oed Sec%
SALE ON E$ECUTION 298%
Aotice of sale is re>uired before levied
propert# can be sold at public auction he perieriod of redem
edemp ptio
tion is A0
'Sec. 1+. susp
suspen
ende
dedd b# an acti
action
on to annu
annull the
the
foreclosure sale.
6eme
6emed#d# agai
agains
nstt an irre
irregu
gula
larr sale
sale is
=0*0A 0 )(C(5 06 S5 (S*:5 E5 CAN REDEPTI
REDEPTIONON E PAID
PAID IN OT2ER
OT2ER
S(;5
S(;5 to be file
filed
d in the
the cour
courtt wh
whic
ich
h !ORS T2AN CAS2
issued the writ. "ES. he rule is libera
liberalit
lit#
# in allowi
allowing
ng
redemption 'aid rather than defeat the
REDEPTION 7Secs. 0B J 08 righ
right
t and
and it has
has been
been allo
allowe
wed
d in the
the
Rig6t o' Rede&/tion* case of a cashiers chec, certified ban
1. Derson
Dersonal
al Dro
Dropert
pert## @ A0A5$
A0A5$ sale
sale is checs and even checs.
absolute
%. 6eal
6eal Drope
Dropert#
rt# @ there
there is a righ
rightt of he offer to redeem must be
redemption accompanied with a bona fide tender or
deliver# of the redemption price.
;2O &a) redee& 7Sec. 0B8
0nl# the following! Eowever,
Eowever, a formal
formal offer to redeem with
a tender is not necessar# where the right
to redeem is e"ercised through the filing
Ac!ions an+
5#
MEMORY A
AID IN REMEDIAL LAW
of a complaint to redeem in the courts, 1. he

he purch
purchasaser
er or his
his succes
successo
sor-
r-
within the period to redeem. in-int
in-intere
erest
st (*;S
(*;S 0 65C0)5
65C0)56 6
D0SS5SS*0A of the propert# or$
RIG2TS O! T2E 4UDGENT DETOR* %. Durc
Durcha
hase
serr afte
afterr havi
having
ng ac>ui
ac>uire
redd
1. 6emain in possession of the possession is evicted due to!
propert# a. *rregularities in the
%. Colle
Collect
ct ren
rents
ts and
and prof
profit
itss proceeding
proceedingss concernin
concerningg the
&. Cann
Cannot
ot be 5/ec
5/ecte
ted
d sale.
?. Use the pro proper
pert# in the same b. 6eve
6eversrsal
al or sett
settin
ing
g asid
aside
e of
manner it was previousl# used /udgment.
+. =ae
=ae nec
neces
essa
sar#
r# repa
repair
irss c. he fac fact that
hat the
the prop
proper
ert#
t#
was e"empt from e"ecution.
Section 33. Deed and /ossession to (e d. ( thir
thirdd perso
personn has vin
vindi
dica
cate
ted d
give
given
n at e/i
e/ira
rati
tion
on o' rede
rede&/
&/ti
tion
on his claim to the propert#.
/eriod< () 6o& eec,ted or given.
REEDIES O! T2E 4UDGENT
CREDITOR IN AID O! E$ECUTION
he PURC2ASER is entitled to a
C0A)5K
C0A)5K(A (AC5
C5 (A: D0SS5S
D0SS5SS*0
S*0AA of the 1. *f the e"ecution is returned
propert# if there is no redemption. Ee is unsa
unsati
tisf
sfiied,
ed, he ma#
ma# caus
ause
subs
substi
titu
tute
tedd to andand ac>u
ac>uir
ires
es all
all the
the e"amin
e"aminati
ation
on of the /udgme
/udgment
nt
rights, title, interest and claims of the debtor as to his propert# and
/udgment obligor to the propert# at the income 7Section 3+8
time of lev#.
%. Ee ma# cause e"a e"aminatio
tion of
he dee
deed of conve#ance is what the
the debt
debtor
or of the
the /udg
/udgmement
nt
operat
operates
es to transf
transfer
er to the purcha
purchaser
ser debtor as to an# debt owed b#
whatever rights the /udgment debtor had him or to an# propert# of the
in the propert#. he certificate of sale /udgment debtor in his
after e"ecution sale mere erel# is a possession 7Section 3B8
memorial of the fact of sale and does
not operate as a conve#ance. &. *f aft
after
er e"a
e"ami
mina
nati
tion
on,, the
the cour
courtt
finds that there is propert# of
he purchaser ac>uires no better right the /udgment debtor either in
than what the /udgment debtor has in his own hands or that of an#
the propert# levied upon. hus, if the person, the court ma# order the
/udgment debtor had alread# transferred propert# applied to the
the propert# e"ecuted prior to the lev# satisf
satisfact
action
ion of the /udgmen
/udgmentt
and
and no long
longer
er has
has an inter
interes
estt in the
the 7Section 3B8
prop
proper
ert#
t#,, the
the e"ec
e"ecut
utio
ion
n purc
purchahase
serr
ac>uires no right. ?. *f the
the cour
courtt find
findss the
the ear
earnings
ings
of the
the /udg
/udgme
mentnt debt
debtor
or are
are
<E5A ( E*6: D56S0A *S *A D0SS5SS*0A, more
more than
than suff
suffic
icie
ient
nt for
for his
his
he procedure is for the court to order a fami
famil#
l#ss needs
needs,, it ma#
ma# order
order
hear
hearin
ing
g and
and deter
determi
mine
ne the
the natu
nature
re of pa#ment in installments
such adverse possession. 7Section 58
+. he court ma# appoint a

Section 35. Recover) o' /rice i' sa-e is receiver for the propert# of the
not e''ective< reviva- o' :,dg&ent. /udgmen
/udgmentt debtor
debtor not e"empte"empt
from
from e"ec
e"ecut
utio
ion
n or forbforbid
id a
T2E
T2E PURC
PURC2A
2ASE
SER
R A"
A" RECO
RECOVE
VER
R T2E
T2E tran
transsfer
fer or dispo
ispossiti
ition or
PURC2ASE PRICE ;2EN interference with such propert#
7Section 518
Ac!ions an+
0
. *f the court finds that the

/udgment debtor has an *n respect to the Condition, status or
ascertainable interest in real personal, political, relationship of the
propert# either as mortgagor, or legal condition or person
status of a
mortgagee, or otherwise, and
particular person
his interest can be ascertained
without controvers#, the court
ma# order the sale of such
Par 78 is re'erred to as K(ar () 'or&er
interest. 7Section 508
:,dg&ent or R!S /"(CATA in
:,dg&ents (N P!RSONA
7. *f the person alleged to have
the propert# of the /udgment
RES 4UDICATA > final /udgments on the
debtor or be indebted to him,
merits b# a court of competent
claims an adverse interest in
/urisdiction is conclusive as to the rights
the propert#, or denies the
of the parties or their privies in all later
debt, the court ma# authoriFe
suits on points determined in the former
the /udgment-creditor to
/udgment.
institute an action to recover
the propert#, forbid its transfer
RE#UISITES*
and ma# punish disobedience
1. ( *A(; /udgment or order
for contempt 7Section 538
%. 4U6*S:*C*0A over the sub/ect
matter and the parties b# the
Section 5+. ;6en Princi/a- o,nd )
court rendering it
4,dg&ent Against S,ret).
&. 4udgment UD0A E5 =56*S
he principal is bound b# the same
?. 3etween the two cases!
/udgment from the time he has notice of
*:5A*K 0 D(6*5S
the action or proceeding and has been
*:5A*K 0 SU345C =(56
given an opportunit# at the suret#s
*:5A*K 0 C(US5 0 (C*0A
re>uest, to /oin the defense.
E565 *S *:5A*K 0 C(US5 0 (C*0A
Section 5B. E''ect O' 4,dg&ent Or
when the two actions are based on the
!ina- Orders.
same delict or wrong committed b# the
6efers to /udgments which are
defendant even if the remedies are
considered as conclusive and ma# be
different.
rebutted directl# b# means of relief from
/udgment or annulment of /udgment or
Under the doctrine of res /udicata, no
indirectl# b# offering them in evidence
matter how
under the parole evidence rule. (ppeal decision of =C b# filing notice of
erroneous a
appeal and pa# appellate court docet
/udgment ma# be,
Par 7A8 re'ers to r,-e ON R!S /"(CATA fee in the same =C within 1+ da#s from
once it becomes
in :,dg&ents (N R! receipt of /udgment
final, it cannot be
corrected. he onl# grounds are lac
of /urisdiction,
4UDGENT or E!!ECT* CONCLUSIVE
collusion or fraud. 1+ da#s from perfection of appeal,
!INAL ORDER AS TO =C cler transmits record to 6C
Par. 7C8 is @non as
(gainst a specific itle to the thing
thing
Kconc-,siveness
o' :,dg&ent or Aotice to parties that an appeal is b eing
Drobate of a will or <ill or administration r,-e o' A/T!R taen from the decision of =C
administration of Eowever, 0A;K prima ACT(ON P!N"!NT
the estate of a facie evidence of the
deceased person death of the testator CONCLUSIVENESS
or intestate <ithin 1+ da#s from notice of appeal!
O! 4UDGENT
 appellant submits memorandum to
the 6C
 appellee files his own memorandum
1+ da#s from receipt of appellants
memorandum
*f uncontested,
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ (n# part# ma#
S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence /udgment is appeal b# filing a
entered in the petition for
boo of entries review with the
6C
1
• has the effect of preclusion onl# of

issues.
• parties in both actions ma# be the
same but the causes of action are ORDINAR" APPEAL - an appeal b# notice
different. of appeal from a /udgment or final order
of a lower court on >uestions of fact and
law.
AR " !ORER CONCLUSIVENESS O!
4UDGENT 4UDGENT APPEAL TO T2E RTC
• =ode of (ppeal @ Aotice of (ppeal
here is identit# of here is 0A;K identit# of
parties, sub/ect D(6*5S (A: SU345C
within fifteen '1+ da#s from receipt
matter and causes =(56 of decision.
of action • (fter an appeal to the 6C has been
perfected, the =C loses its
he first /udgment he first /udgment is /urisdiction over the case and an#
constitutes as an conclusive onl# as to motion for the e"ecution of the
(3S0;U5 3(6 0 matters directl# ad/udged /udgment should be filed with the
(;; =(56S and actuall# litigated in 6C.
directl# ad/udged the first action. Second
and those that action can be prosecuted.
• he Summar# 6ules no longer appl#
might have been when the cases is on appeal.
ad/udged.
Section 0. ;6en to A//ea-.
1. <ithin 1+ da#s after notice of
Section 5. E''ect O' !oreign 4,dg&ent /udgment or final order$
Or !ina- Orders* %. <here a record on appeal is
re>uired, within &I da#s from
notice of /udgment or final order
T2E E!!ECT O! !OREIGN 4UDGENTS b# filing a notice of appeal and a
Drovided that the foreign tribunal had record on appeal$
/urisdiction! &. Deriod to appeal shall be
interrupted b# a timel# motion
1. *A C(S5 0 4U:2=5A (2(*AS for new trial or reconsideration.
( SD5C**C E*A2, the /udgment ?. Ao motion for e"tension of time
is C0AC;US*)5 upon the *;5 to file a motion for new trial or
0 E5 E*A2$ reconsideration shall be
%. *A C(S5 0 ( 4U:2=5A allowed.
(2(*AS ( D56S0A, the
/udgment is D65SU=D*)5
5)*:5AC5 of a right as between Section 3. 2o to A//ea-.
the parties and their successors- ) Notice o' A//ea-*
in-interest b# a subse>uent title. 1. ile a notice of appeal with the
trial court.
*n both instances, the /udgment ma# be %. he notice of appeal must
repelled b# evidence of want of indicate!
/urisdiction, notice, collusion, fraud or a. parties
clear mistae of law or fact. b. /udgment or final order
appealed from
RULE 5 c. material date showing
APPEAL !RO UNICIPAL TRIAL timeliness of appeal
COURTS TO T2E REGIONAL TRIAL &. ( cop# served on the adverse
COURTS part#.
?. Da#ment in full of docet fees
APPEAL !RO TC TO RTC and other lawful fees
2
ORDINAR" APPEAL PETITION !OR Section . A//ea- 'ro& orders

REVIE; dis&issing case it6o,t tria-< -ac@ o'
=atter of right :iscretionar# :,risdiction
(ll the records are Ao records are
elevated from the elevated unless the I' -oer co,rt dis&issed case it6o,t
court of origin court decrees it tria- on t6e &erits*
Aotice of record on iled with the C( 6C ma#!
appeal is filed with 1. (ffirm, or
the court of origin
%. 6everse, in which case, it shall
remand the case for further
) Record on a//ea-* proceedings.
1. for special proceedings such as
probate$ and I' dis&issa- is d,e to -ac@ o' :,risdiction
%. in such other cases where over t6e s,(:ect &atter*
multiple appeals are allowed as 6C ma#!
in partition and in 1. (ffirm$ if 6C has /urisdiction,
e"propriation. shall tr# the case on the merits
as if the case was originall# filed
Section 5. Per'ection o' A//ea-< e''ect with it, or
t6ereo'. %. 6everse, in which case, it
remand the case for further
A//ea- is dee&ed /er'ected* proceedings.
1. b# notice of appeal! as to him,
upon the filing of the notice of I' t6e case as tried on t6e &erits ()
appeal in due time$ t6e -oer co,rt it6o,t :,risdiction
%. b# record on appeal! as to him, over t6e s,(:ect &atter*
upon the approval of the record 6C shall not dismiss the case if it has
on appeal filed in due time. original /urisdiction, but shall decide the
case, and shall admit amended pleadings
E''ect o' a /er'ected a//ea- ! or additional evidence.
he court loses /urisdiction upon the
perfection or approval of appeal and
when the period of appeal for other RULE 51
parties e"pire. APPEAL !RO REGIONAL
TRIAL COURTS
Resid,a- /oer of the court prior to the
transmittal of the original record or
record on appeal! APPEALALE CASES
1. to issue orders for the 1. 4udgments or final orders that
preservation of the rights of the completel# disposes of the case.
parties which do not involve %. ( particular matter in a
matters litigated b# appeal$ /udgment declared b# the 6ules
%. to approve compromise prior to to be appealable.
the transmittal of the record$
&. permit appeal b# an indigent$ NON APPEALALE CASES
?. order e"ecution pending appeal 1. 0rder dismissing an action without
under 6ule &9, Sec.% ' motion pre/udice
for e"ecution was filed before %. 0rder of 5"ecution
the e"piration of the period to &. 4udgments or final orders for or
appeal$ against one or more of several
+. allow withdrawal of the appeal.
3
parties or in separate claims while

the main case is pending ile a notice of ile a verified ile a verified
?. 0rders disallowing or dismissing an appeal or a petition for petition for
(ppeal record on review with review on
+. *nterlocutor# orders appeal with the the C(. Da# certiorari with
. 0rders den#ing! court of origin the docet the SC '6 ?+
a. Detition for relief$ '6C and give and lawful Da# docet
b. =otion for new trial or a cop# to the fees, and D and lawful
reconsideration$ and adverse part#. +II as deposit fees and D +II
c. =otion to Set aside a for costs with for costs.
/udgment, b# consent, the C(. Submit proof
confession or compromise urnish 6C of service of a
on the ground of fraud, and adverse cop# to the
mistae, duress or an# part# cop# of lower court
ground vitiating consent. such '6 ?%. and adverse
part#.
Re&ed) in cases 6ere a//ea- is not
a--oed
Special civil action of certiorari or <ithin 1+ da#s <ithin 1+ da#s <ithin 1+
prohibition if there is lac or e"cess of from the notice from notice of da#s from
of the /udgment the decision notice of the
/urisdiction or grave abuse of discretion
for notice of to be /udgment or
or mandamus if there is no performance appeal and reviewed or order or
of dut#. within &I da#s from the denial of the
for records on denial of a =6 =6 or new
INTERLOCUTOR" ORDER @ (n order appeal. he or new trial. trial.
which does not dispose of the case but period for filing
leave something else to be done b# the is interrupted
trial court on the merits of the case. b# a timel#
motion for
reconsidera-
( /udgment based on compromise is not
tion or new
appealable and is immediatel# trial.
e"ecutor#.
Section B. A//rova- o' record on
Section 0. odes o' a//ea-. a//ea-.
Ordinar) Petition 'or Petition 'or
Drocedure if the appeal is through a
a//ea- revie revie on
7a//ea- () rit MR,-e 50 certiorari record on appeal
o' error8 MR,-e 5%
1. file record on appeal
Case is decided Case is he case %. appellee ma# file an ob/ection
b# the 6C in decided b# raises onl# a within + da#s from his receipt
its original the =C. >uestion of thereof
/urisdiction (ppealed to law &. if there is no ob/ection the court
(ppealed to the the 6C. ma#!
C( Detition for
• approve it as presented$ 06
review with
the C( • direct its amendment on its
own or upon the motion of
the adverse part#
?. if an amendment is ordered the
appellant must redraft the
record within the time ordered
or if there is no time, within 1I
da#s from receipt
+. submit the record for approval
with notice on the adverse part#
4
he period to appeal is =(A:(06K and C0U6 0 (DD5(;S in an original action

4U6*S:*C*0A(;. ailure to appeal on for certiorari under 6ule + ' St. Martin
time maes the decision final and @uneral +ome vs. 7C, Sept. 16, 199$" .
e"ecutor# and deprives the appellate
court of /urisdiction. ( part# adversel# affected b# a decision
or ruling of the C( en an# ma# file
Eowever in few instances the court has with the Supreme Court a verified
allowed due course to such appeals on petition for review on certiorari pursuant
strong and compelling reasons of to 6ule ?+ Sec% 12, RA 9228.
/ustice.
RULE 50
PETITION !OR REVIE; !RO T2E RULE 55
REGIONAL TRIAL COURTS TO T2E ORDINAR" APPEALED CASES
COURT O! APPEALS
Detition for review is not a matter of Section =. A//e--ants re/-) (rie'.

right but discretionar# on the C(. *t ma#
onl# give due course to the petition if it ailure to file appellantNs brief on time is
shows on its face that the lower court a ground for dismissal of the appeal.
has committed an error of fact andJor *f a motion to dismiss an appeal has been
law that will warrant a reversal or filed, it suspends the running of the
modification of the decision or /udgment period for filing the appellant brief, as
sought to be reviewed$ 06 dismiss the the same would be unnecessar# should
petition if it finds that it is patentl# the motion be granted.
without merit, or prosecuted manifestl#
for dela#, or the >uestions raised therein he failure of the appellant to mae
are too unsubstantial to re>uire specific assignment of errors in his brief
consideration. or page references to the record as
re>uired in this section is a ground for
*t is merel# discretionar# on the C( to dismissal of his appeal.
order the elevation of the records. his
is because until the petition is given due Section 1%. #,estions t6at &a) (e
course, the trial court ma# still issue a raised on a//ea-.
warrant of e"ecution pending appeal and
in some cases such as e/ectment and he appeal can raise onl# >uestions of
those of Summar# Drocedure, the law or fact that
/udgments are immediatel# e"ecutor#. *t 1. were raised in the court below$
is onl# when the C( deems it necessar# and
that the Cler of the 6C will be ordered %. are within the issues framed b#
to elevate the records of the case. the parties thereon.
RIE! vs. EORANDU

RULE 53
APPEALS !RO T2E COURT O! TA$
APPEALS AND T2E #UASI>4UDICIAL
RIE! EORANDU
AGENCIES TO T2E CA
4udgments and final orders or resolutions

of the A;6C are reviewable b# the
5
(ppeals to the SC can be taen from a

0rdinar# appeals Certiorari, Drohibition, /udgment or final order or resolution of
=andamus, Muo the C(, the Sandiganba#an, the 6C or
<arranto and Eabeas such other courts as ma#be authoriFed
Corpus cases
b# law and onl# b# verified petition for
review on certiorari on >uestions of law
ece/t onl# in appeals from /udgments
iled within ?+ da#s within &I da#s of the 6C in criminal cases wherein the
penalt# imposed is life imprisonment or
reclusion perpetua which shall be
Contents specified Shorter, briefer, onl#
b# 6ules one issue involved - no
elevated b# ordinar# appeal, or wherein
sub/ect inde" or the death penalt# is imposed which is
assignment of errors /ust sub/ect to automatic review.
facts and law applicable
GENERAL RULE! the findings of fact of

the C( are final and conclusive and
cannot be reviewed on appeal to the
RULE 5% SC.
APPEAL " CERTIORARI TO T2E
SUPREE COURT E$CEPTIONS to CONCLUSIVENESS O!
!ACTS*
1. <hen the finding is grounded

6C, Sandiganba#an or C(
renders decision entirel# on spe#ulations, surmise
or #on:e#ture$
%. <hen inference made is
mani'estl asur, mistaen or
(n# part# files a petition for review on impossible$
certiorari wJin 1+ da#s from notice of &. <hen the /udgment is premised
final /udgment or order of l ower court
on a misrepresentation o' 'a#ts$
or notice of denial of motion for
reconsideration or new trial ?. <hen there is rave ause o'
is#retion in the appreciation of
facts$
+. <hen the 'inins o' 'a#t are
#on'li#tin$
(ppellant serves copies of petition on
. <hen the C( in maing its
adverse parties and to the lower court,
and pa# the corresponding docet fees findings ;ent eon the issues
o' the #ase and the same is
#ontrar to oth the amissions
o' appellants an appellees$
SC ma# dismiss the petition or re>uire 7. <hen the findings of fact of the
the appellee to comment C( are at varian#e ;ith those o'
Section 1. !i-ing o' /etition the trial court, the SC has to
it6 S,/re&e Co,rt review the evidence in order to
arrive at the correct findings
*f given due course, parties ma#
submit memoranda based on the record$
8. <hen the 'inins o' 'a#t are
#on#lusions ;ithout #itation of
specific evidence on which the#
SC ma# affirm, reverse, or modif# are based$
/udgment of the lower court

9. <hen the facts set forth in the order appealed from preliminar# in/unction
petition as well as in the or temporar#
petitioners main an repl restraining order is
rie's are not isputed b# the issued does not sta#
the challenged
respondents$
proceeding
1I. he findings of fact of the C( is
premise on the suppose he petitioner and the he parties are the
evien#e and is contradicted b# respondent are the aggrieved part#
the evidence on record$ original parties to the against the lower
11. <hen certain material 'a#ts and action, and the lower court or >uasi-/udicial
circumstances have been court or >uasi-/udicial agenc# and the
overlooe b# the trial court agenc# is not prevailing parties
which, i' taen into account, impleaded
;oul alter the result of the
=otion for =otion for
case in that the# would entitle
reconsideration is not reconsideration or for
the accused to ac>uittal. re>uired new trial is re>uired
*f a motion for
reconsideration or new
trial is filed, the
period shall not onl#
be interrupted but
#UESTIONS O! LA; another
#UESTIONSI da#sO!shall
be given to the
!ACT
Certiorari ,nder R,-e 5% vs. certiorari petitioner ' SC (dmin.
doubt or controvers# doubt or difference
=atter II%-I& 
,nder R,-e +5?+% 7 s/ecia- civi- action8 as to what the law is arises as to the truth
on certain facts or falsehood of facts,
he court is in the Court e"ercises
or as to probative
e"ercise of its original /urisdiction
value of the evidence
CERTIORARI UNDER CERTIORARI UNDER appellate /urisdiction
presented
and power of review
RULE 5% RULE +5?+% if the appellate court the determination
can determine the involves evaluation or
petition is based on petition raises the issue raised without review of evidence
>uestions of law issue as to whether reviewing or
the lower court acted evaluating the
without /urisdiction or evidence
in e"cess of Can involve >uestions >uer# invites the
/urisdiction or with of interpretation of calibration of the
grave abuse of the law with respect whole evidence
discretion to certain set of facts considering mainl# the
credibilit# of
*t is a mode of appeal Special civil action witnesses, e"istence
and relevanc# of
*nvolves the review of :irected against an specific surrounding
the /udgment award interlocutor# order of circumstances and
or final order on the the court or where relation to each other
merits there is no appeal or and the whole
an# other plain, probabilities of the
speed# or ade>uate situation
remed#
=ust be made within filed not later than I RULE 5+

the reglementar# da#s from notice of ORIGINAL CASES
period /udgment, order or
resolution appealed Section 0. To 6at actions a//-ica(-e.
from
Under 3.D. 3lg. 1%9, the C( has original
Sta#s the /udgment or Unless a writ of
!
/urisdiction to issue writs of mandamus, rendered and ma# be availed of though

prohibition, certiorari, habeas corpus the /udgment has been e"ecuted.
and >uo warranto, and au"iliar# writs or
processes, whether or not the# are in aid 0ne important condition for the
of its appellate /urisdiction, and it has availment of this remed# - the petitioner
e"clusive original /urisdiction over failed to move for new trial in, or appeal
actions for annulment of /udgments of from, or file a petition for relief against,
6egional rial Courts. or tae other appropriate remedies
assailing the >uestioned /udgment or
final order or resolution through no fault
attributable to him.
Section 5. 4,risdiction over /erson
6o ac9,ired. *f he failed to avail of those other
4URISDICTION IS AC#UIRED* remedies without sufficient /ustification,
he cannot resort to annulment provided
1. 0ver the D5**0A56 - b# filing in this 6ule, otherwise he would benefit
of the petition. from his own inaction or negligence.
%. 0ver the 65SD0A:5A - b# the
service on the latter of the order Gro,nds 'or ANNULENT O!
or resolution indicating the 4UDGENT
courts initial action on the 1. e"trinsic fraud or collateral
petition and A0 b# the service fraud$
on him of the petition or b# his %. lac of /urisdiction$
voluntar# submission.
5"trinsic fraud shall not be a valid
Section %. Action () t6e co,rt. ground if it was availed of, or could have
been availed of, in a motion for new
PROCEDURAL OUTLINE 7origina- cases trial or petition for relief.
in t6e Co,rt o' A//ea-s8
1. iling of the petition E$TRINSIC OR COLLATERAL !RAUD is
%. 0rder to ac>uire /urisdiction an# fraudulent act of the prevailing
over respondents 06 0utright part# in the litigation which is
dismissal for failure to compl# to committed outside of the trial of the
re>uirements also form and case, whereb# the defeated part# has
pa#ment of docet and other been prevented from e"hibiting full# and
legal fees. fairl# presenting his side of the case.
&. 6e>uire respondents to file
C0==5A within 1I da#s from
A0*C5
E$TRINSIC LACF O!
?. Court ma# re>uire the filing of a
65D;K or such other pleadings as !RAUD 4URISDICTION
it ma# deem necessar#
Deriod of ? #ears from 3efore it is barred
+. :etermination of (CU(;
iling discover# b# laches or
*SSU5S, the court ma# delegate
action estoppel
the reception of evidence on
such issues to an# of its 5ffect of rial court 0riginal action
members. /udgment will tr# the ma# be refiled
case
RULE 5B
ANNULENT O! 4UDGENTS OR !INAL Section. %. Action () t6e co,rt.
ORDERS AND RESOLUTIONS To stages*
1. ( preliminar# evaluation of the
(nnulment of /udgment is a remed# in petition for prima facie merit
law independent of the case where the therein, and
/udgment sought to be annulled was
"
%. he issuance of summons as in 1. b# agreement of the parties, as

ordinar# civil cases and such where the case was amicabl#
appropriate proceedings settled b# them.
thereafter as contemplated in %. where the appealed case has
Sec. . become moot or academic.
&. where the appeal is frivolous or
he rule allows the C( to dismiss the dilator#.
petition outright as in special civil
actions. Section 0. Dis&issa- o' i&/ro/er a//ea-
to t6e Co,rt o' A//ea-s
or the court to ac>uire /urisdiction over
the respondent, the rule re>uires the
Ao transfer of appeals, erroneousl#
issuance of summons should prima facie
taen to it or to the Court of (ppeals,
merit be found in the petition and the
whichever of these tribunals has
same is given due course.
appropriate appellate /urisdiction, will
RULE 5 be allowed. (lso, elevating such appeal
PRELIINAR" CON!ERENCE b# the wrong mode of appeal shall be a
ground for dismissal.
Section 3. inding e''ect o' t6e res,-ts ( resolution of the Court of (ppeals
o' t6e con'erence dismissing the appeal and remanding the
case to the trial court for further
*n the C(, this procedural device ma# be proceedings is merel# interlocutor#,
availed of not onl# in original actions but hence a motion for its reconsideration
also in cases on appeal wherein a new filed #ear later ma# be entertained and
trial was granted on the ground of newl# granted
discovered evidence. he C( can act as a
trier of facts, hence the preliminar#
Section 3. ;it6draa- o' A//ea-
conference authoriFed is a convenient
ad/unct to such power and function.
Court of (ppeals ma# dismiss the appeal
outright even without motion. he
RULE 5=
remed# if dismissed for improper appeal
ORAL ARGUENT
is to refile it in the proper forum but has
to be within the prescribed period.
Section 3. No 6earing or ora- arg,&ent
'or &otions
RULE %1
4UDGENT
=otions in the SC and the C( do not
contain notices of hearing as no oral
La o' t6e Case  the opinion delivered
arguments will be heard in support
on a former appeal. *t means that
thereof$ and if the appellate court
whatever is once irrevocabl#
desires to hold a hearing thereon, it will
established, as the controlling legal rule
itself set the date with notice to the
or decision between the same parties in
parties.
the same case, continues to be the law
of the case, whether correct on general
RULE %
principles or not, so long as the facts on
DISISSAL O! APPEAL
which such decision was predicated
continue to be the facts before the
Section 1. Gro,nds 'or dis&issa- o'
court.
a//ea-
<ith the e"ception of Section 1 'b
3ut this rule does not appl# to
dismissal of an appeal is director# and
resolutions rendered in connection with
not mandator#.
the case wherein no rationale has been
e"pounded on the merits of that action.
0ther grounds for the dismissal of an
appeal are!
#
Section %. !or& o' Decision OTION !OR RECONSIDERATION

he re>uirement for the statement of
facts and the law refers to a decision or he rules now prohibit a second motion
for that matter a final resolution. he for reconsideration.
same are not re>uired on minute
resolutions since these usuall# dispose of Sec. & provides a time limit of 9I da#s
the case not on its merits but on for the resolution of a motion for
procedural or technical considerations. reconsideration filed with the Court of
(ppeals from the date the same was
(lthough the court ma#, if it feels submitted for resolution, which is
necessar#, briefl# discuss the matter on normall# the filing of the last pleading
the merits in an e"tended resolution. re>uired b# the rules of court or the
e"piration of such period.
6ules now re>uires the service of the

motion to the adverse part#
<ith respect to petitions for review and
motions for reconsideration, the
Constitution merel# re>uires a statement RULE %3
of the legal basis for the denial thereof NE; TRIAL
or refusal of due course thereto. he
court ma# opt, but it is not re>uired to iling of a motion for new trial is at an#
issue an e"tended resolution thereon. time after the perfection of the appeal
from the decision of the lower court and
Section +. 2ARLESS ERROR before the Court of (ppeals loses
he court, at ever# stage of the /urisdiction over the case
proceeding, must disregard an# error or
defect which does not affect the he ground is newl# discovered evidence
substantial rights of the parties such as which could not have been discovered
error in admission or e"clusion of prior to the trial in the court below b#
evidence or error or defect in the ruling the e"ercise of due diligence and of such
or order. character as would probabl# alter the
result.
Section . #,estions t6at &a) (e
decided RULE %+
0nl# errors claimed and assigned b# a PROCEDURE IN T2E SUPREE COURT
part# will be considered b# the court,
e"cept errors affecting its /urisdiction A. ORIGINAL CASES
over the sub/ect matter. o this 6ule specificall# states what cases ma#
e"ception has now been added errors be originall# filed with the Supreme
affecting the validit# of the /udgment Court
appealed from or the proceedings 1. petition for certiorari,
therein. prohibition, mandamus, >uo
warranto, habeas corpus$
5ven if the error complained of b# a %. disciplinar# proceedings against
part# is not e"pressl# stated in his members of the /udiciar# and
assignment of errors but the same is attorne#s
closel# related to or dependent on an &. cases affecting ambassadors,
assigned error and properl# argued in his other public ministers and
brief such error ma# now be considered consuls
b# the court.
. APPEALED CASES =ode of (ppeal
RULE %0 *n criminal cases where the penalt#
imposed is death or reclusion perpetua,
an appeal made to the Supreme Court is
!0
through a notice of appeal filed with the depart from the Dhils. with
6C in all other cases, an appeal made intent to defraud his creditors$
to the supreme court is through a
petition for review on certiorari. %. *n actions for recover# of mone#
or propert# embeFFled or
PROVISIONAL REEDIES fraudulentl# converted to his
(lso nown as ancillar# or au"iliar# own use b# a public officer, or
remedies, are writs and processes an officer of a corp., or an
available during the pendenc# of the attorne#, factor, broer, agent
action which ma# be resorted to b# a or cler, in the course of his
litigant to preserve and protect certain emplo#ment as such, or b# an#
rights and interests therein pending person in a fiduciar# capacit#$
rendition, and for purposes of the
ultimate effects, of a final /udgment in &. *n actions to recover propert#
the case. un/ustl# taen or concealed,
when the propert# or an# of its
part, has been concealed or
disposed of to prevent its being
found b# the applicant or an#
he following are the provisional authoriFed person$
remedies provided for in the 6ules of
Court ?. *n actions against a person guilt#
1. Dreliminar# (ttachment 7R,-e of fraud in incurring or
%B8 performing an obligation upon
%. Dreliminar# *n/unction 7R,-e %8 which the action is based$
&. 6eceivership 7R,-e %=8
?. 6eplevin 7R,-e +8 +. *n actions against a part# who
+. Support Dendente ;ite 7R,-e +18 has removed or disposed of his
propert#, or is about to do so,
PD 11 prohibits the issuance of with intent to defraud his
in/unctive writs not onl# against creditors$
government entities but also against an#
person or entit# involved in the . *n actions against non-residents
e"ecution, implementation, and not found in the Dhils., or on
operation of government infrastructure whom summons is served b#
pro/ects. publication.
RULE %B
PRELIINAR" ATTAC2ENT RULE %
PRELIINAR" IN4UNCTION
he proper part# ma# have the propert#
of the adverse part# attached at the Dreliminar# *n/unction @ an order granted
commencement of the action or at an# at an# stage of an action or proceeding
time before entr# of /udgment. prior to the /udgment re>uiring a part#
or a court, agenc# or a person to refrain
;2EN iss,ed from a particular act or acts.
1. *n actions for recover# of a PRELIINAR" ANDATOR" In:,nction @

specified sum of mone# or an order re>uiring the performance of a
damages, e"cept moral and particular act or acts.
e"emplar#, on a cause of action
arising from law, contract, Gro,nds
>uasi-contract, delict or >uasi- 1. applicant is entitled to the relief
delict against a part# about to demanded$ or
!1
2. commission, continuance or non- GROUNDS !OR O4ECTION

performance of the act 1. insufficienc#$
complained of would wor %. if in/unction would cause
in/ustice to the applicant if not irreparable damage to the
en/oined$ or person en/oined while the
3. the acts sought to be en/oined applicant can be full#
probabl# violates the rights of compensated for such damages,
the applicant respecting the D60)*:5: the former files a
sub/ect of the action and 30A:.
tending to render the /udgment
ineffectual. Distinctions
Section %. IN4UNCTION PRO2IITION

here must be prior notice to the person directed against a :irected against a
sought to be en/oined and a hearing part# in the action court, tribunal or a
before preliminar# in/unction ma# be person e"ercising
granted. /udicial powers
does not involve 3ased on the ground
*f great or irreparable in/ur# would /urisdiction of the that the court against
result to the applicant, the court ma# court whom the writ is
issue e" parte a temporar# restraining sought had acted
order, effective onl# for %I da#s from without or in e"cess of
/urisdiction
service on the part# sought to be
en/oined.
it ma# be the main (lwa#s the main
action itself or /ust a action
*f the matter is of e"treme urgenc# and
provisional remed#
the applicant will suffer grave in/ustice
and irreparable in/ur#, the /udge ma#
issue a 60 effective onl# for 7% hours
from issuance. *ts effectivit# ma# be
RULE %=
e"tended after conducting a summar#
RECEIVERS2IP
hearing wJin the 7%-hrs period until the
application for preliminar# in/unction
;2EN A" E GRANTED
can be heard.
1. applicant has an interest in the
propert# or fund sub/ect of the
he total period of effectivit# of the
proceeding and such propert# is
60 shall not e"ceed %I da#s, including
in danger of being lost or
the 7% hours.
materiall# in/ured unless a
receiver is appointed$
*f application is denied or not resolved
%. in foreclosure of mortgage, when
within said period, the 60 is deemed
the propert# is in danger of
automaticall# vacated.
being wasted or dissipated and
that its value is probabl#
5ffectivit# of 60 is not e"tendible.
insufficient to discharge the
here is no need of a /udicial declaration
mortgage debt or that it has
to that effect.
been agreed upon b# the parties$
&. after /udgment, to preserve the
( 60 issued b# the C( or an# of its
propert# during the pendenc# of
members is effective for I da#s from
an appeal or to dispose of it
service on the part# sought to be
accdg. to the /udgment or to aid
en/oined.
e"ecution$
?. when appointment of receiver is
( 60 issued b# the SC or a member
the most convenient and feasible
therof is effective until further orders.
means of preserving,

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San Beda College of Law

0ne part# prosecutes he moment said

the breach total, hence there can onl#

Section 1. ;6o &a) (e /arties< CLASSI!ICATION O! PARTIES IN

he suit can be brought b# or against the

Section +. Per&issive :oinder o'

he absence of an indispensable part#

Section 10. C-ass s,it.

he substitute defendant need not be

%. he claim, sub/ect of the action,

temporar#, at the time the action is

=a# be changed b# the Cannot be the sub/ect

T6e r,-e on VENUE IS NOT APPLICALE

venue. (n e"ception is provided in

PRO2IITED PLEADINGS ? OTIONS

he filing of a prohibited pleading will

(lthough a motion to dismiss is a 1. there has been a confrontation

<hile a motion to declare the defendant

he issuance of the pre-trial order is an 1. <here one part# is the

falling within the authorit# of the brought for settlement before

T2E PARTIES A" GO DIRECTL" TO

he settlement and arbitration A &otion to dis&iss is NOT a /-eading.

ANS;ER @ the pleading where the

(lwa#s filed before =a# be filed even

a specification of the relief sought, but

Section 5. Anser Section B. Co&/,-sor) Co,nterc-ai&

FATARUNGANG PAARANGA" PROCEDUREDarties agree to

5"ecution 6epudiation of (ward to be

DOCTRINE O! ANCILLAR" 4URISDICTION

REPL" - the response of the plaintiff to ;eave of court to file a third-part#

( verification must now be based on ANNER O! AFING ALLEGATIONS IN A

ULTIATE !ACTS* those which directl#

he certificate is to be e"ecuted b# Capacit# is challenged b#

ACTIONALE DOCUENT @ written hat the document was signed

De'enses t6at t6e o//osing /art) &a)

directed$ *t is said to be a denial not his failure to appear nor failure to

withdrawal of the original complaint, PARTIAL DE!AULT*

:efendant =otion for new trial or reconsideration at

Derfect appeal from said /udgment b#

A06 award unli>uidated damages. 1ST PART* refers to amendment to

Section 0. A&end&ents as a &atter o' AENDED SUPPLEENTAL

1. (dmissions in the superseded ?. *n case of a non-resident defendant

&. *n case of service of summons b# Section 1. O&itted co,nterc-ai& or

which the order is

a. b# handling a cop# to defendant$

he# C(AA0 be served b# substituted

*t serves as a warning to all persons, complaint, as the original complaint was

legal guardian, but not Dhilippines in

%. Ao /urisdiction over the sub/ect Eowever, such admission is limited onl#

(n action cannot be dismissed on the

>OR> Dis&issa- s6a-- 6ave t6e e''ect o' an

*n such case, defendant must

the order of the court Civi- Code, a special power of attorne#

:ismissal is without :ismissal is without

@- C+! - P84!7 P7S. S + A

!ACTORS TO E CONSIDERED " T2E

RULE 1= he interest which entitles a person to

and immediate character that the

Section 0. Ti&e to intervene. Section 0. ) 6o& iss,ed

a. <itness resides more than 1II

RULES O! DISCOVER" :epositions are intended as a means to

%. :epositions "! B!N! !SS! -

Section 5. Use o' de/ositions. Ece/tion* *f a part# offers the

f he dies (56 a )(;: ;5)K has been GARNIS2ENT - act of appropriation b#