CONSTITUTIONAL PROVISIONS RELATIVE TO CIVIL Essence of due process clause – the essence of procedural
PROCEDURE due process is found in the reasonable opportunity to be
1. Expanded definition of judicial power and its coverage –
Art. VIII, Sec. 1 1987 Constitution
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, aŕnd to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
Constitutional Court: Supreme Court
What are courts established by law(Statutory Court)?
1.CA,
2.Sandigan(pd 1606 AN ACT STRENGTHENING FURTHER THE
FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE
SANDIGANBAYAN) ,
3.CTA(RA 1125 AN ACT CREATING THE COURT OF TAX
APPEALS)
4. RTC,
Family Court(RA 8369 AN ACT ESTABLISHING FAMILY
COURTS, GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY CASES)
5. Sharia District, Shariah circuit (PD No. 1083 A DECREE TO
ORDAIN AND PROMULGATE A CODE RECOGNIZING THE
SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM
PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION
AND FOR OTHER PURPOSES)
6. MTC, MCTC, MTC,( BP 129 The Judiciary
Reorganization Act of 1980.)
7. Military courts- under supervision of the executive Dept.
appealable first to OP then to CA Rule 43
Coverage of judicial power? – see paragraph 2, Sec.1, Art. VIII
Consti.
2. Due process of law – Sec. 1, Art. VIII 1987 Consti
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws.
heard and submit one’s evidence in support of his defense.
Formal or trial type of hearing is not essential: Opportunity
to be heard and explain one’s side is enough. As the due
process requirement is satisfied where the parties are
afforded fair and reasonable opportunity to explain their side.
3. Equal protection of the lawsSec. 1, Art. III of 1987
Constitution
Sec. 1, Art. III of 1987 Constitution, …nor shall any
person be denied the equal protection of the laws.
Purpose of equal protection clause – to provide that all
persons or things similarly situated should be treated in a
similar manner, both as to rights conferred and responsibility
imposed.
4. Rights to Eminent Domain Sec. 7 , Article III of 1987
Constitution
No private property shall be taken for public use without
payment of just compensation.
Eminent domain – power of the state to take private
property for public use. It is an inherent power of the state as
it is a power necessary for State’s existence; it is the power of
the state cannot do without.
In expropriation proceedings due process must be strictly
followed. Just as the state must show at the minimum, a
genuine need, an exacting public purpose to take private
property, the purpose to be specifically alleged or least
reasonably deductible form the complaint.
Compensable taking – includes destruction, restriction,
diminution, or interruption of the rights of ownership or of
the common and necessary use and enjoyment of the
property in a lawful manner lessening or destroying its value.
Expropriation must be for public use only.
5. Right to Speedy Trial Sec. 16, Article III 1987
Constitution
Sec. 16,All person shall have the right to a speedy
disposition of their cases before all judicial, quasi judicial
or administrative bodies.
Factors in determining delay:
 a. Duration of the delay 9. Power of the congress to apportion, define jurisdiction
b. Reason therefor of the courts (sec. 2, art. VIII)
c. Assertion of the right or failure to assert it 10. Cases decided by Supreme Court En Banc (sec. 4 Art.
d. Prejudice is caused by such delay VIII)
11. Original Jurisdiction of Supreme Court (sec. 5, Art. VIII)
Numbers of postponement not determinative of violation of 12. Rule Making power of Supreme Court (par. 5 sec. 6 Art.
the right to speedy trial. Mere mathematical reckoning of the VIII)
time involved is clearly insufficient, and particular regard
Basis of Writ of amparo, writs
must be given to the facts and circumstances peculiar to each
13. Administrative Supervision of the Supreme Court (sec. 6.
case.
Art. VIII)
Right to speedy trial is applicable in all cases, not only in 14. Decision based on facts and law on which it is based (Sec.
criminal. 14, Art. VIII)
if it does not comply with these reqirement=error of
6. Power of the Congress to enact laws affecting the
jurisdiction
jurisdiction of the Supreme Court, Section 30, Article VI
15. No law shall be passed increasing the appellate
Section 30. No law shall be passed increasing the jurisdiction of the supreme court as provided in the
appellate jurisdiction of the Supreme Court as provided Constitution witout its advice and concurrence(sec. 30,
in this Constitution without its advice and concurrence. Art. 6)
16. Constitutional Commission’s decision, ruling, be brought
in Supreme court by certiorari (Art. 9-A)
Direct appeal to the Supreme Court form decision of
Ombudsman under Sec. 27 RA 6770 was held
unconstitutional because it was made without consent and
advice of the Supreme Court.

7. Supreme Court Sitting as Presidential Electoral, Section

4 Article VII of 1987 Constitution

Sec. 4 Last Par. The Supreme Court, sitting en banc, shall

be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.

8. Power of the Supreme Court to Review Proclamation of

Martial Law and Suspension of the Privilege of Habeas
Corpus. Section 18, Article VII Consti

Sec. 18, Third Par. The Supreme Court may review, in an

appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ
or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of

the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
writ.

Sources of Civil Procedure
1. Rules of Court, 1997 Rules on Civil Procedure, as
amended. Rules 1-71
2. 1987 Constitution of the Philippines – Substantive
basis.
3. Civil Code of the Philippines and Family Code of the
Philippines
4. Batas Pambansa 129, The Judiciary Reorganization
Act of 1980
5. Republic Act 7691, AN ACT EXPANDING THE
JURISDICTION OF THE METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR
THE PURPOSE BATAS PAMBANSA, BLG. 129,
OTHERWISE KNOWN AS THE "JUDICIARY
REORGANIZATION ACT OF 1980
6. AM No. 08-1-16-SC, the Rule on the Writ of Habeas
Data, A.M. No. 07-9-12-SC, the Rule on the Writ of
Amparo
7. Sec.399-422 of the Local Government Code of 1991,
RA 7160. Rules on KatarungangPambarangay
(Referral to the Lupon)
8. Rules in Summary Proceedings
9. A.M. No. 08-8-7-SC, Rules of Procedure in Small
Claims cases – As amended, now referred as The
Revised Rules of Procedure for Small Claims Case,
effective February 1, 2016.
10. A.M. No. 09-6-8-SC, The Rules of Procedure for
Environmental Cases.
11. Jurisprudence laid down by the Supreme Court –
Why? Civil Code of the Philippines, Article 8. Judicial
decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of
the Philippines. (n)
12. AM No. 10-3-10-SC - Rules of Procedure for
Intellectual Property Rights Cases
13. Supreme Court Administrative Circulars
14. 2002 Revised Manual For Clerk of Court
15. AM 2-8-13-SC, 2004 Rules on Notarial Practice, as
amended on February 19, 2008 – relevant because
of the evidence of competent identity.
"Sec. 12.Component Evidence of Identity. The phrase
"competent evidence of identity" refers to the
identification of an individual based on:
(a) at least one current identification document
issued by an official agency bearing the photograph
and signature of the individual, such as but not
limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of
Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior
citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book,
alien certificate of registration/immigrant certificate
of registration, government office ID, certification
from the National Council for the Welfare of Disable
Persons (NCWDP), Department of Social Welfare and
Development (DSWD) certification; or
(b) xxxx."
16. A.M. No. 12-8-8-SC, Judicial Affidavit Rule
17. AM No. 11-9-4, Efficient Use of Paper Rule – purpose
is to limiting the number of copies to be filed before
the court.
18. A.M. NO. 01-7-01-SC ,Electronic Evidence Rule – Sec.
2 as amended, applicability.
SEC. 2. Cases covered. - These Rules shall apply
to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.
19. A.M. No. 06-11-5-SC – Rules on DNA Evidence –
Applicability
SECTION 1.Scope. – This Rule shall apply whenever
DNA evidence, as defined in Section 3 hereof, is
offered, used, or proposed to be offered or used as
evidence in all criminal and civil actions as well as
special proceedings.
20. Rules on Examination of Child Witness
Section 1. Applicability of the Rule.— Unless
otherwise provided, this Rule shall govern the
examination of child witnesses who are victims of
crime, accused of a crime, and witnesses to crime. It
shall apply in all criminal proceedings and non-
criminal proceedings involving child witnesses.
21. PD 1083, Code of Muslim Personal Laws of the
Philippines – Provides for the establishment and
jurisdiction of Shariah Courts.
22. Sandiganbayan Act, PD 1606.
a. As amended by RA 7975, AN ACT TO
STRENGTHEN THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE
SANDIGANBAYAN, AMENDING FOR THAT
 PURPOSE PRESIDENTIAL DECREE NO. 1606, Guidelines for Litigation in Quezon City Trial Court”
AS AMENDED (A.M. No. 11-6-10-SC, 21 February 2012)
b. As amended by RA 8249, AN ACT FURTHER
DEFINING THE JURISDICTION OF THE Insurance Code – for providing the jurisdiction of the
SANDIGANBAYAN, AMENDING FOR THE Insurance Commissioner for the claims arising from
PURPOSE PRESIDENTIAL DECREE NO. 1606, insurance contract.
AS AMENDED, PROVIDING FUNDS
A.M. NO. 01-2-04-SC, INTERIM RULES OF PROCEDURE
THEREFOR, AND FOR OTHER PURPOSES
FOR INTRA-CORPORATE CONTROVERSIES
c. As amended by RA 10660 AN ACT
STRENGTHENING FURTHER THE Special Rules on Alternative Dispute Resolution A.M.
FUNCTIONAL AND STRUCTURAL No. 07-11-08-SC
ORGANIZATION OF THE SANDIGANBAYAN,
FURTHER AMENDING PRESIDENTIAL
A·M. No, 11-1-6-SC-PHILJA, January 11, 2011, entitled
DECREE NO. 1606, AS AMENDED, AND “CONSOLIDATED AND REVISED GUIDELINES TO
APPROPRIATING FUNDS THEREFOR IMPLEMENT THE EXPANDED COVERAGE OF
d. COURTANNEXED MEDIATION (CAM) AND JUDICIAL
23. Rules in Ill-Gotten Wealth, EO No. 1, CREATING THE DISPUTE RESOLUTION (JDR)
PRESIDENTIAL COMMISSION ON GOOD
GOVERNMENT, and EO No. 14, DEFINING THE
JURISDICTION OVER CASES INVOLVING THE ILL-
GOTTEN WEALTH OF FORMER PRESIDENT
FERDINAND E. MARCOS, MRS. IMELDA R. MARCOS,
MEMBERS OF THEIR IMMEDIATE FAMILY, CLOSE
RELATIVES, SUBORDINATES, CLOSE AND/OR
BUSINESS ASSOCIATES, DUMMIES, AGENTS AND
NOMINEES, and EO No. 14-A
24. RA 1125, AN ACT CREATING THE COURT OF TAX
APPEALS as amended by RA 9282, AN ACT
EXPANDING THE JURISDICTION OF THE COURT OF
TAX APPEALS (CTA), ELEVATING ITS RANK TO THE
LEVEL OF A COLLEGIATE COURT WITH SPECIAL
JURISDICTION AND ENLARGING ITS MEMBERSHIP,
AMENDING FOR THE PURPOSE CERTAIN SECTIONS
OR REPUBLIC ACT NO. 1125, AS AMENDED,
OTHERWISE KNOWN AS THE LAW CREATING THE
COURT OF TAX APPEALS, AND FOR OTHER PURPOSES
25. EO 292, Administrative Code of 1987 – Why?
Because it involves the Office of the Solicitor General
appearing on the Sec. 22 of the Rules of Court.

Section 22.Notice to the Solicitor General. — In any

action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules
or regulations, the court, in its discretion, may
require the appearance of the Solicitor General who
may be heard in person or a representative duly
designated by him. (23a)

ADDITIONALS:
 General Principles
Remedial law- branch of law which prescribes the method of
enforcing the rights and obtaining redress for their invasions.
Remedial statutes – refers to statutes relating to remedies or
modes of procedure, which do not create new or take away
vested rights, but only operate in furtherance of the remedy
or confirmation of rights already existing, do not come within
the legal conception or retrospective law or general law
against the retrospective operation of statutes.
Mechanics of due process as part of remedial law
1. A court or tribunal clothed with judicial power to
hear and determine matters before it
2. Jurisdiction must be lawfully acquired over the
person of the defendant or over the property which
is the subject of the proceeding.
3. Defendant must be given an opportunity to be heard
and
4. Judgment must be rendered upon a lawful hearing
Procedural Law
Refers to adjective law which prescribed rules and forms of
procedure in order that courts may be able to administer
justice.
Procedural rules are not to be disdained as mere
technicalities. Rules are not intended to hamper litigants or
complicate litigation.
Substantive law vs Procedural law.
Substantive law creates defines and regulates rights; while
procedural law prescribes the rules and forms of procedure
in the administration of justice.
Substantive law cannot be waived, while procedural law can
be waived or subject to agreement of the parties.
Procedural laws have retroactive application.
They are considered applicable to actions pending and
unresolved at the time of their passage.
Procedural laws and rules are retroactive in that sense and to
that extent. The effect of procedural statues and rules on
rights of a litigant may not preclude in their retroactive
application to pending actions.
NO VESTED RIGHTS CAN BE ATTACHED TO PROCEDURAL
LAWS.
RE: Fresh period rule – is a procedural law as it prescribes a
fresh period of 15 days within which an appeal may be made
in the event that motion for reconsideration is denied by the
lower court.
Power to promulgate rules of procedure lodged with the
Supreme Court: Constitutional basis – Sec. 5, Art. VIII, par 5
of 1987 Constitution
5.) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the integrated bar, and legal
assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
NOTE – under the 1935 Cosnti, the congress has the power to
enact procedural laws, but the 1987 Consti removed this.
Nature of Rules of Court
They are not laws in strict sense of word since they did not
emanate from legislature, but since they were promulgated
under the authority of law, such rules have the force and
effects of law.
Application of Rules of Court
Rule 1, Section 2.In what courts applicable. — These Rules
shall apply in all the courts, except as otherwise provided by
the Supreme Court. (n)
The rules of court will apply to:
SC, CA, Sandiganbayan, CTA, RTC, MTC, MCTC, MCTC,
Exception: When the Supreme Court otherwise provides
Judge vs Court
Court is the tribunal clothed with the power and authority to
entertain and resolve legal disputes between the parties to
carry out dispensation of justice in accordance with the law. A
judge is a public officer who exercises the power of the court
in dispersion of justice.
A court is more of a permanent status or existence while
judge is mere temporary.
Court of Law vs Court of Equity
Court of law decides a case according to what the
promulgated law is while a court of equity adjudicates a
controversy according to the common precepts of what is
right and just without inquiring to the terms of statutes.
In Philippines, every court is both equity and law.
Different courts within the PH
Constitutional – SC
Statutory – Court of Appeals, Sandiganbayan, Court of Tax
Appeals, Regional Trial Court, Shariah District Court,
Metropolitan Trial Court, Metropolitan Circuit Court,
Municipal Circuit Trial Court, Shariah District Court
Courts outside the Judicial System
Tribal courts - This are courts which are exiting under the
customs and traditions of an indigenous cultural community
and are not part of the Philippine Judicial System.
Decisions of a tribunal based on a compromise may be
enforced or set aside, in and through regular courts only.
Military Courts – These are not judicial courts. They are
agencies of executive in character. Their decision are not
appealable to the courts but would pass the reviewing and
conferring authority, but the Supreme Court may exercise its
supervision or correcting power over the court-martial
proceedings when jurisdictional errors are involved or when
there is grave abuse of discretion.
Military commissions cannot try and exercise jurisdiction over
civilians for offenses allegedly committed by them as long as
civil courts are open and functioning.
Judicial power id lodged with the Courts: Constitutional
basis
Art. VIII - Section 1. The judicial power shall be
vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power is vested in:
One Supreme Court, and
In such lower courts as may be established by law. And these
are: Court of Appeals, Sandiganbayan, Court of Tax Appeals,
Regional Trial Court, Shariah District Court, Metropolitan Trial
Court, Metropolitan Circuit Court, Municipal Circuit Trial
Court, Shariah District Court
What is judicial power?
Art. VIII – Sec. 1, P. 2 - Judicial power includes the
duty of the courts of justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Government.
Judicial power includes:
1. The duty of the courts of justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and
2. To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
Application of Rules of Court
Rule 1, Section 3.Cases governed. — These Rules shall govern
the procedure to be observed in actions, civil or criminal and
special proceedings.
(a) A civil action is one by which a party sues another
for the enforcement or protection of a right, or the
prevention or redress of a wrong, (1a, R2)
A civil action may either be ordinary or special. Both
are governed by the rules for ordinary civil actions,
subject to the specific rules prescribed for a special
civil action. (n)
(b) A criminal action is one by which the State
prosecutes a person for an act or omission
punishable by law. (n)
(c) A special proceeding is a remedy by which a party
seeks to establish a status, a right, or a particular
fact. (2a, R2)
Cases where Rules of Court will apply –
1. Civil Cases
2. Criminal Cases
3. Special Proceedings
What are kinds of actions under the rules-
1. Civil Action
2. Criminal Action
3. Special Proceedings
What are kinds of civil actions under the rules?
 1. Ordinary civil action e. Insolvency proceedings
2. Special civil action f. Other cases not mentioned in Sec. 4, rule 1
3. Actions under Rules on Summary Procedure g. Labor Cases
4. Provisional remedies h. Impeachment Cases

Distinction between civil action, criminal action and special Exceptions to non-applicability of Rules of Court-
proceedings. Bar exam 2006.
The rules shall apply only in a:
Civil Action Criminal Action Special
Proceeding a. Suppletory in character; and
One by which a Is one by which Special b. Whenever practicable and convenient
party sues another the state proceeding is a
for enforcement or prosecutes a remedy by which Suppletory character – means that the provision of Rules of
protection of a person for an act a party seeks to Court will be made to apply only where there is an
right, or or omission establish a status, insufficiency in the applicable rule.
prevention of a punishable by law. a right, or
wrong. Criminal particular fact. It Application in Impeachment Trial – rules of evidence and
proceedings are is governed by procedure shall be applied liberally and whenever they are
A civil action may governed by 110- Rules 72-109 of practicable in Impeachment Trial Cases.
either ordinary or 127 of Revised Rules of court,
special. Both are Rules on Criminal and rules on
Application of Rules of Court in cases of Civil Forfeiture,
governed by the Procedure. ordinary civil
Assets preservation, freezing of monetary instrument,
rules for ordinary actions only
property or proceeds representing, involving or relating to
civil actions, applies in
an unlawful activity or money laundering offense under RA
subject to the suppletory
9160. AM 05-11-04SC
specific rules character.
prescribed for
SEC. 1. Applicability. - The Rule shall govern all
special civil action.
proceedings for civil forfeiture, asset preservation
and freezing of monetary instrument, property, or
Special civil actions proceeds representing, involving, or relating to an
are governed by unlawful activity or a money laundering offense
the Rules 62-71 under Republic Act No. 9160, as amended.
suppletory are the
rules on ordinary
The Revised Rules of Court shall apply suppletorily
civil actions.
when not inconsistent with the provisions of this
special Rule.
Coverage of Civil Procedure –
Application of Rules of Court in Labor cases, 2011 NLRC
1. Ordinary rules on civil action, Rule 1-56. Rules of Procedure
2. Provisional remedies Rule 57-61.
3. Special civil actions Rule 62-71.
SECTION 3. SUPPLETORY APPLICATION OF THE RULES OF
COURT. - In the absence of any applicable provision in these
Cases where Rules of Court will not apply: Rules, and in order to effectuate the objectives of the Labor
Code, the pertinent provisions of the Rules of Court of the
Rule 1, Section 4. In what case not applicable. — These Philippines may, in the interest of expeditious dispensation of
Rules shall not apply to election cases, land registration, labor justice and whenever practicable and convenient, be
cadastral, naturalization and insolvency proceedings, and applied by analogy or in a suppletory character and effect.
other cases not herein provided for, except by analogy or in a
suppletory character and whenever practicable and Application of Rules of Court for Small Claims
convenient. (R143a)
SEC. 25. Applicability of the Rules of Civil Procedure. — The
Rules of Court shall not apply directly to the following: Rules of Civil Procedure shall apply suppletorily insofar as
they are not inconsistent with this Rule.
a. Election cases
b. Land Registration Cases
II. BASIC CONCEPTS ON JURISDICTION
c. Cadastral proceedings
d. Naturalization proceedings
Jurisdiction – defined as the power of the court to hear and Original – power of the court to take judicial cognizance of a
decide cases, and to execute judgment thereon. It is also the case instituted for a judicial action for the first time under the
authority to hear and determine a cause – the right to act in conditions provided by law.
particular case.
Courts that have original jurisdictions:
Jurisdiction is lodged with the Court not with the judge.
 SC
Allegations in the complaint determines the jurisdiction  CA
 SB
Determinative of which regular court had jurisdiction would  RTC
be the allegations of the complaint (on assessed value of the  Sharia Courts
property _ and the principal relief thereby sought.  MTC

What are the classifications of jurisdiction? Original jurisdiction of SC-

 General Sec. 5, Par 1 – Article VII:

 Special or limited
 Original a) Over actions involving ambassadors, public ministers
 Exclusive and consuls
 Exclusive original b) Over petition for certiorari,probhibition, mandamus,
 Appellate quo warranto, habeas corpus
 Concurrent c) Petition for writ of amparo
 Delegated d) Petition for habeas data
 Territorial e) Petition for writ of continuing mangamus, Sec. 2,
Rule 8, Part II Rules of Procedure in Environmental
General – Power of the court to adjudicate all controversies cases
except those expressly withheld from the plenary powers of f) Petition for writ for kalikasan
the court.
Original jurisdiction of Court of Appeals-
RTC is a court of general jurisdiction. A court of general
jurisdiction is presumed to be acting within its jurisdiction a) Petition for certiorari, prohibition, mandamus, quo
unless contrary is shown. warranto, habeas corpus,
b) Writ of amparo
Special or limited – One which restricts the court’s c) Habeas Data
jurisdiction only to particular cases and subject to such d) Writ of Continuing Mandamus
limitations as may be provided by the governing law. e) Writ of Kalikasan
Example, probate proceedings. f) Action for annulment of judgment of RTC
g) Petition for freeze order or any monetary
Courts of special jurisdictions: instrument, property, or proceeds, relating to or
involving unlawful activity as defined under Sec. 3 (j)
 Sandiganbayan of RA 9160 as amended by RA 9194.
 Court of Tax Appeals
 Shari’ah Courts Original Jurisdiction of RTC, Sec. 21 BP129:
 RTC
 Family Courts a) Actions involving ambassadors, public ministers and
 MTC consuls;
b) Over petition for CPMQH.
Scope of limited jurisdiction – has only the jurisdiction c) Petitions for Amparo
expressly delegated and must appear from the record that its d) Petition for Habeas Data
acts are within the jurisdiction. e) Petition for Continuing Mandamus

RE: Probate court is of limited jurisdiction: Approval of the Original jurisdiction of Shari’ahDisctrict Courts, Art 413, Par 2
agreement entered other than judicially approved PD 1083:
compromise agreement is not within its jurisdiction.
a) Petition by muslims for constitution for family home,
change of name, and commitment of insane person
to an asylum
 b) All other personal or real actions not mentioned in
par 1d wherein parties are muslim, except forcible
entry and unlawful detainer which shall be in MTC.
c) All special civil actions for interpleader or
declaratory relief wherein the parties are Muslims
for property involve belongs exclusively to Muslims.
Exclusive – The power to adjudicate a case or proceeding to
the exclusion of all other courts at that stage.
Exclusive and original – power of the court to take judicial
cognizance of a case instituted for judicial action for the first
time under the conditions provided by law, and to the
exclusion of all other courts.
Courts that have exclusive and original jurisdictions:
 SC
 CA
 SB
 RTC
 Sharia Courts
 MTC
Exclusive orginal jurisdiction of the Supreme Court-
Over petitions for certiorari, prohibition, and mandamus
against judgment, final order and resolutions of the following:
a) CA
b) SB
c) CTA
d) COMELEC
e) COA
f) OMB in Criminal Cases ( Salvador vsMapa )
Exclusive original jurisdiction of CA-
i. Petitions for CPM gainst:
a) Decision, final orders and resolution of RTC
b) Decisions, final orders and resolution of NLRC [St.
Martin Funeral Homes vs NLRC]
c) Decision, final orders of DOLE in its exercise of
appellate jurisdiction over decision, final orders of
the following offices:
1. POEA Admin in exercise of adjudicatory
function in case of violation of Labor Code,
POEA rules and regulations.
2. Decision of Secretary of Labor over decision
of its duly authorized representatives
brought on appeal in case of violation of
apprenticeship agreement which is already
final and executor
3. Decision of NWPC on appeal over Wage
Order by Tripartite Board
4. Decision over direct or indirect contempt
cases decided by NLRC
5. Decision of Secretary of Labor on appeal in
case of denial of union registration by
Regional Director or Bureau of Labor
Relations
6. Decision of the Bureau of Labor Relations
on appeal over order of cancellation of
union registration.
7. Decision of the Secretary of Labor on appeal
over order of Bureau of Labor Relations
over intra labor dispute.
ii. Exclusive original jurisdiction over actions of annulment of
final and executor judgment of RTC which is governed by Rule
47.
Exclsuvieorginal jurisdiction of SB ( civil )
Over civil cases for forfeiture of illegally acquired wealth
under RA 1379.
Note – Sec. 15, Article IX of Consti providing imprescriptivity
of unlawfully acquired wealth applies only in civil actions and
not to criminal cases.
Nature of Sandiganbayann – is a special court of same level as
CA. Edgar vsSandiganbayan.
Exclusive Orginal Jurisdiction of RTC-
Sec. 19 of BP129 as amended by RA 7691-
a) Cases wherein the subject is incapable of precuniary
estimation
b) Civil actions which involve title, or possession of real
property or any interest, where assessed value
exceeds 20k OpMM/ 50 k MM, except forcible entry
or unlawful detainer which shall be in MTC.
Note: Metro Manila – 17 lGU:
Caloocan, Las Piñas, Makati, Malabon,
Mandaluyong, Manila, Marikina, Muntinlupa,
Navotas, Parañaque, Pasay, Pasig, Patero,
sQuezon City, San Juan, Taguig, Valenzuela
c) In all actions in admiralty and maritime jurisdiction
where claim exceeds 400MM/300 OMM.
d) In all matters of probate, testate or intestate, where
gross value of estate exceeds 400MM/ 300 OMM.
e) IN all actions involving contract of marriage and
marital relations
f) In all cases not within the exclusive jurisdiction of
any court
g) In all civil actions and special proceedings falling
within EO jurisdiction of Juvenile and Domestic
 Relations Court and Court of Agrarian Relations as
now provided by law.
h) In all other cases in which the demand, exclusive of
interest, damages of whatever kind, atty fees,
litigation expenses, costs of value of property
exceeds 400k MM / 300k OMM.
Other cases falling within EO of RTC from special laws
a) Sec. 5.2 of Securities and Regulations Code RA 8799-
1. Cases involving devices and schemes
employed by board of directors, business
association, its officers or partnership,
amounting to fraud of misrepresentation
which is demerital to the interest of public.
2. Controversies arising out of intra-corproate
or partnership relations,
3. Controversies in the e ections and
appointment of directors, trustees, officers
or managers of such corporations.
4. Petitions of corporation, partnership or
associations to be declared in state of
suspension of payments.
b) RTC acting as Special agrarian court – that is petition
for determination of just compensation for that
province.
c) Over petition for annulment of judgment over
decision and final orders of MTC
d) Civil cases for infringement of Copyright and Unfair
Competition under IP Code
e) RTC Acting as family court has jurisdiction over
petition for guardianship, custody of minor, habeas
corpus relating to minor
f) Petition for custody of minor, habeas corpus in
relation to the latter
g) Complaints for annulment of marriage and
declaration of nullity of marriage and those relating
to marital status and property relation of husband
and wife,
h) Petition for support and acknowledgement
i) Summary Judicial Proceedings brought under Family
Code
j) Petition for Constitution of Family Home
k) Petition for declaration of status of children as
abandoned, dependent, or neglected children
l) Petition for involuntary commitment, or child caring
agency or individual or commitment of disabled
child.
m) Petition for civil forfeiture of monetary instrument
relating to an unlawful activity or to a money
laundering offenses.
Exclusive original jurisdiction of Shari’ah District Court
All cases involving custody, guardianship, legitimacy, and
filiation arising under the code
All cases involving disposition and settlement of estate of
deceased Muslims, probate of a will, issuance of letters
of administration or appointment of administrator or
executors regardless of nature or aggregate amount of
property
Petitions for declaration of absence and death and for
cancellation or correction of entries in the Muslim
Registries
All actions from customary contract in which parties are
Muslims, if they have not specified the law which shall
govern their relations.
All petitions for mandamus, prohibition, injunction,
certiorari, habeas corpus, and auxiliary writs and
processes in aid of its appellate jurisdiction
Exclusive original jurisdiction of MTC-
i. Just reversed the jurisdiction of RTC as regards to amounts.
ii. Cases under Rules on Summary Proceedings-
a) Forcible entry and unlawful detainer
b) All other cases, except probate, where the claim
does not exceed 100k OMM / 200 k MM.
iii. Cases under Small Claims-
Payment of money where the value of the claim does not
exceed 100k exclusive of cost and interst.
Purpose of small claims: No lawyers, formal pleadings, strict
legal rules of evidence. It is designed to function quickly and
informally.
Exclusive Original Jurisdiction of Shari’ah Circuit Courts-
i. All civil actions and proceeding between parties who are
Muslims or have been married in accordance with Article 13
involving disputes relating to:
a) Marriage
b) Divorce recognized under the Code
c) Betrothal or breach of contract to marriage
d) Customary dower
e) Disposition or distribution of property upon divorce
f) Maintenance and support and cosolatary gifts
g) Restitution of marital gifts
ii. All cases involving disputes relative to communal
properties
Special Jurisdiction -
The following courts have special jurisdiction:
 Regitonal Trial Court
 MTC
Special jurisdiction of RTC, Sec. 23 BP 129
The Supreme Court may designate certain branches of
Regional Trial Courts to handle exclusively the following
special cases:
a. Criminal cases
b. Juvenile and domestic relations cases
c. Agrarian Cases
d. Urban land reform cases which do not fall under the
jurisdiction of quasi-judicial bodies and agencies
e. Such other special cases as the SC may determine in
the interest of speedy and efficient administration of
justice.
Special Jurisdiction of MTC, Sec. 35 BP 129
a. Petition for habeas corpus and;
b. Application for bail in criminal cases in the province
or city where the absent regional trial judge sits.
Apellate – power and authority conferred upon a superior
court to rehear and determine causes which have been tried
in lower courts, the cognizance which a superior court takes a
case to removed to it, by appeal or writ of error from the
decision of a lower court, or the review by superior court of
final judgment or order of some lower courts.
The following have appellate jurisdiction:
 SC
 CA
 SB
 CTA
 RTC
 SDC
Apellate jurisdiction of the Supreme court [Sec. 5, Par 2,
Article VIII)-
i. Review,revise,reverse,modify, or affirm on appeal or
certiorari judgment, as the Rules of Court may provide, final
judgment and orders of lower courts in:
1. All cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, PD, proclaimation, order, instruction, ordinance,
or regulation is in question
2. All cases involving the legality of nay tax, impost,
assessment, or toll or any pently imposed in relation
thereto
3. All cases in which the jurisdiction of any lower court
is in issue
4. All criminal cases in which the penalty imposed is
reclusion perpetua or higher
5. All cases in which only an error or question of law is
involved
ii. Cases which shall be decided by the Supreme Court en
banc, Article VIII 4(2), Consti-
a. All cases involving the constitutionality of a treaty,
international agreement or law and,
b. All other cases which under the Rules of Court are
required to be heard en banc, including those
involving the constitutionality, application, or
operation of PD, proclamation, orders, instruction,
ordinances, and other regulations.
Supreme Court may review decisions of the lower courts by
way of petition for review on certiorari under Rule 45.
iii. Cases falling under the appellate jurisdiction of the
Supreme Court- over judgments, infal orders, and resolutions
of the following courts:
a. CA under R45.
b. SD
c. CTA en banc
d. RTC r45
e. CA, SB, RTC in petition for writ of Amparo
f. CA, SB, RTC in petition for habeas data
Note – as a rule, only pure questions of law may be a ground
for r45.
A question oflaw exists when there is doubt or controversy as
to what law is applicable on certain set of facts. Questions of
fact exist when the doubt or controversy arises as to truth or
falsity of the alleged facts.
Appellate Jurisdiction of Court of Appeals- Sec. 9, BP 129
i. Over judgments, resolutions, orders or award of the
following courts or tribunal:
a) RTC in exercise of its original jurisdiction, Rule 41.
b) RTC in exercise of its appellate jurisdiction Rule 42.
c) Quasi-judicial bodies in exercise of quasi-judicial
functions under Rule 43.
What are these quasi-judicial bodies?
1. Civil Service Commission
2. Security and exchange commission
 3. Office of the President BAIC CONCEPTS ON JURISDICITON
4. Land Registration Authority
5. Social Security Commission Origin of the term – two latin words, “jus” meaning law, and
6. Civil Aeronautics Board the other “dicere” meaning to declare.
7. Bureau of Patents and Trademarks and Technology
Jurisdiction – the authority of the court to hear actual cases
Transfer
8. National Electrification Administrations and to implement its decision.
9. Energy Regulatory Board When to raise the issue of jurisdiction? Jurisdiction can be
10. National Telecommunication Commission
questioned at any stage of the proceedings even if not
11. Department of Agrarian Reform
raised in the answer or motion to dismiss.
12. Government Service Insurance System
13. Employees Compensation Commission The general rule is that the jurisdiction of a court may be
14. Agricultural Inventions Board questioned at any stage of the proceedings.
15. Insurance Commission
16. Philippine Atomic Energy Comission Lack of jurisdiction is one of those excepted grounds where
17. Board of Investments the court may dismiss a claim or a case at any time when it
18. Construction Industry Arbitration Commission appears from the pleadings or the evidence on record that
19. Voluntary Arbitration any of those grounds exists, even if they were not raised in
20. Decision of OMB in administrative cases, OMB the answer or in the motion to dismiss.
vsLiggayu
What is the residual power/jurisdiction of the court?
d. MTC based on their delegated jurisdiction in cadastral and Ancillary jurisdiction?
land registration cases, sec. 34 BP 129
Sec. 9, Rule 41 of the Rules explains that the court of origin
What are the powers of the Court of Appeals in the exercise loses jurisdiction over the case only upon perfection of the
of exclusive and appellate jurisdiction? appeal filed in due time by the appellant and the expiration of
the time to appeal of the other parties.
Sec. 9(3) par. 2, BP 129 –
Withal, prior to the RTC may issue orders for the protection
and preservation of the right of the prevailing party, as in the
a. Try cases and conduct hearings
case, the issuance of the writ of execution because the
b. Receive Evidences
respondent’s appeal was not perfected.
c. Perform any and all acts necessary to resolve factual
issues raised in cases falling withn its original and Doctrine of primary jurisdiction
appellate jurisdiction, including power to conduct
new trial and further proceedings. Under the doctrine of primary jurisdiction, the courts must
refrain from determining a controversy involving a question
Note – Rules in the conduct of hearings before the CA must which is within the jurisdiction of administrational tribunal
be continuous and must be completed within three months, prior to its resolution b the latter, where the question
unless extended by the CJ. demands the exercise of the sound administrative discretion
requiring the special knowledge, experience and services of
Appellate jurisdiction of Sandiganbayan- administrative tribunal or determine technical and intricate
matter of fact.
Shall exercise exclusive appellate jurisdiction over final
judgment, resolutions, or orders of RTC whether in exercise Application – it applies where the claim originally cognizable
of their own original jurisdiction or their appellate in the courts, and comes into play whenever the enforcement
jurisdiction. Filomena Villanueva vs People, 2011 of the claim requires resolution of issues which, under the
regulatory scheme, have been placed within the special
Apellate jurisdiction of CTA – to follow. competence of an administrative body, in such case the
juridical process is suspended pending the referral of such
Decisions of the CTA are reviewable by CTA en banc – by the issues to administrative body for its view.
virtue of RA 9282, an act Expanding the Jurisdiction of Court
of Appeal – the decisions of division of CTA are now reviewed Objective – it is to guide the court in determining whether it
“under a procedure analogous to that provided for in Rule 43 should refrain from exercising its jurisdiction until after and
with the CTA, which shall hear the case en banc, and the administrative agency has determined some question or
latter by SC on questions of law under Rule 45. some aspect of some question arising in the proceeding
before the court.
Note – all proceedings of the court in violation of that
doctrine and all decisions reached are null and void.
Doctrine of Non-interference or Doctrine of Judicial Stability
No court can interfere by injunction with the judgment or
orders of another court of concurrent jurisdiction having the
power to grant the relief sought by injunction.
Rationale – founded on the concept of jurisdiction over its
judgment, to the exclusion of all other coordinate courts, for
its execution and all over its incidents, and to control, in
furtherance of justice, the conduct of ministerial officers
acting in connection with the judgment.
Lack of jurisdiction should be raised at the earliest possible
opportunity
After voluntarily submitting a cause and encountering an
adverse decision on the merits, it is too late for the loser to
question the jurisdiction or power of the court.
Laches defined: It must be clearly present in order to bar the
issue of lack of jurisdiction as an exception to the general
rule
Laches – the failure or neglect, for an unreasonable and
unexplained length of time, to do that which, by exercising
due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable
time, warranting the presumption that a party entitled to
asset it either has abandoned or declined to asset it.
Doctrine of estoppel by laches or equitable estoppel
The active participation of the party against whom the action
was brought, coupled with his failure to object to the
jurisdiction of the court or administrative body where the
action is pending, is tantamount to an invocation of that
jurisdiction and willingness to abide by the resolution of the
case and will bar the said party from later on impugning the
court or body’s jurisdiction.
Payment of filing/docket fees – jurisdictional
The Supreme Court, in several cases, has held that a court
acquires jurisdiction over the case ONLY upon the payment of
the said fees
Note – Case of Sun Insurance vs Court of appeals – When the
court made a liberal interpretation of the rule by allowing a
late payment of the docket fee as long as it should not be
made beyond the action’s prescriptive period. It also
declared in the same case that any unpaid fees should be
considered a lien on the judgment. In this case, there is no
evidence that the plaintiff tried to evade the payment of
docket fees.
Note that this pronouncement was influenced by the peculiar
legal and equitable circumstances surrounding each case.
While the timely payment of docket fees is jurisdictional,
considerations of equity also come into picture.
MANNER OF ACQUIRING JURIDICTION BY THE COURT
1. Over the subject matter of the action
2. Over the parties
3. Over the issues
4. Over the case
5. Over the res or thing
I. OVER THE SUBJECT MATTER OF THE ACTION
Definition – jurisdiction over the subject matter is the power
to hear and determine general class to which the proceedings
in question belong.
It is conferred by law and not by the consent of the parties or
by erroneous belief of the court that it exists.
Juridiction over the subject matter is conferred by law, and
determined by the allegations of the complaint.
Thus, jurisdiction is not affected by the answe to the
complaint or motion to dismiss the same.
Jurisdiction over the subject matter of the case is generally
conferred by law, and unlike jurisdiction over the parties,
cannot be bestowed upon the court by voluntary act or
agreement of the parties.
But the determination of whether or not a court ay assume
jurisdiction over the case for a subject matter that by law is
within its ambit is made by sampling looking at the “mere
allegations of the complaint”.
Jurisdiction over the subject matter is determined by the
allegations of the complaint, irrespective of whether or not
the plaintiff is entitled to recover upon all or some of the
claims asserted therein – a matter that can be resolved only
after the trial. DaniloUrsuavs Republic of the Philippines,
G.R. No. 178193, January 24, 2012
Jurisdiction is conferred by law based on the facts stated in
the complaint, since the latter comprise a concise statement
of ultimate facts constituting the plaintiff’s cause of action.
MTC does not lose jurisdiction over an ejectment if the party If the case was decided by the lower court without
alleged as a defense their tenancy relationship. jurisdiction over the subject matter, the Regional Trial Court
on appeal shall not dismiss the case if it has original
Municipal trial court does not lose its jurisdiction over an
jurisdiction to decide the case without prejudice to the
ejectment case by the simple expedient of a party raising as a
admission of amended pleadings and additional evidence.
defense therein the alleged existence of a tenancy
See. Sec. 8, par. 2.
relationship between the parties. OnquitvsBinamira-Parcia,
297 SCRA 354 9. Dismissal on the ground of lack of jurisdiction over subject
matter is without prejudice.
But it is the duty of the court to receive evidence to
determine the allegations of tenancy. If after hearing, The dismissal of the case due to lack of jurisdiction over the
tenancy had, in fact, been shown to be the real issue, the subject matter of action is not considered a judgment on the
court should dismiss the case for lack of jurisdiction. merits that completely disposes of the case, and the order of
Cervantes vs CA, GR. 150106, Sept. 8, 2004 dismissal is considered without prejudice, to the refiling of
he case with the proper forum and cannot be subject to
appeal. See. Sec. 1, Rule 41.
Lack of jurisdiction over the subject matter may be invoked
any time, even on appeal
II. JURSIDICITON OVER THE PARTIES
Objections to jurisdiction over the subject matter, may, as a
rule, be made at any stage of the proceedings, even for the How acquired-
first time on appeal, as long as estoppel by laches does not
1. Over the plaintiff – by filing of the complaint, petition, or
set in. Calimlimvs Ramirez, 118 SCRA 399.
initiatory pleading before the court by the plaintiff or
Important matters to consider in case of lack of jurisdiction petitioner.
over the subject matter of the action
2. Over the defendant or respondent –
1. It is a sufficient ground for the dismissal of an action under
a. By voluntary appearance or submission by the
Sec. 1(b) of the Rule 16.
defendant or respondent to the court
2. It can be raised as an affirmative defense in the answer
b. By coercive process issued by the court, generally
under Sec. 6, Rule 6.
by a valid service of summons.
3. Lack of jurisdiction is a ground for motion to dismiss an
action under Rules on Summary Procedure.
Acquisition of jurisdiction over the person of the defendant
4. Dismissal of the action motupropio by the court for the lack
by Voluntary Appearance: Motion questioning the
of jurisdiction over subject matter under Sec. 1, Rule 9.
jurisdiction of the court is not a voluntary appearance.
5. It may be curable by amendment when made as a matter
Definition of voluntary appearance – appearance in whatever
of right: If the ground was invoked by the defendant in
form, without explicitly objecting to the jurisdiction of the
motion to dismiss, the court may either dismiss the action or
court over the person, is a submission to the court over the
deny the motion or order the amendment in the pleading to
person.
confer jurisdiction under Sec.3, Rule 16.
Appearance may be made by simply filing a formal motion, or
6. The court may allow the plaintiff to amend his complaint to
plea or answer.
confer jurisdiction upon the court as a matter of right since
motion to dismiss is not a responsive pleading. When the appearance is by motion objecting to the
jurisdiction of the court over his person, it must be for the
7. If the court granted the motion and dismissed the case, but
sole and separate purpose of object to the jurisdiction of the
the order is not yet final and executory, amendment of the
court. If his motion is for any other purpose than to object
pleading may be done as a matter of right in order to confer
the jurisdiction of the court over his person, he thereby
jurisdiction since there is no responsive pleading filed yet.
submits himself to the jurisdiction of the court.
8. Appeal dismissing the case without trial for lack of
Special appearance to challenge jurisdiction of the court is
jurisdiction over subject matter: RTC may assume jurisdiction
not voluntary appearance
if the lower court has no jurisdiction. Sec. 8, para. 1, Rule 40.
When the defendant appearance is made precisely to object
to the jurisdiction of the court over his person, it cannot be
considered as appearance in the court. Like, challenging the
invalid service of summons – not a voluntary appearance, but
a special appearance.
Objection to the jurisdiction must be explicit: Motion
seeking affirmative relief from the court is submission to the
jurisdiction of the court
As a general preposition, one who seeks affirmative relief is
deemed to have submitted to the jurisdiction of the court, it
is by reason of this rule that we have had occasion to declare
tha the filing of motion to admit an answer, for additional
time to file answer, for reconsideration of a default judgment,
and to lift the order of default with motion for
reconsideration, is considered voluntary submission to the
court’s jurisdiction.
The exception of the rule is the concept of conditional
appearance, such as that a party who makes special
appearance, to challenge, among others, the court’s
jurisdiction over his person cannot be considered to have
submitted to its authority.
Consequently, defendant having acknowledged summons
by publication and also having invoked the jurisdiction of
the court to secure affirmative relief in his motion for
additional time, he effectively submitted voluntarily to the
trial court’s jurisdiction. He is now estopped from asserting
otherwise even before his Court. Allan C. Go vs. Mortimer F.
Cordero, GR. No. 164703, May 4, 2010.
Objection to jurisdiction may be raised in a motion to
dismiss as an affirmative defense in the answer.
Motion to Dismiss questioning the jurisdiction over the
person of the defendant, together with the other grounds is
not voluntary appearance.
III. JURISDICTION OVER THE ISSUE OF THE CASE
The jurisdiction over the issue is conferred by the pleadings
This is determined by and conferred by the pleadings filed in
the case by the parties, or by their agreement in the pre-trial
order, or stipulation, or at times, by their implied consent as
by the failure of the party to object to the evidence on an
issue not covered by the pleadings. Sec. 5, Rule 10.
Only issues raised by the parties in their pleadings must be
passed upon the court
Hence, if the issue raised by the parties is possession, the
court has no jurisdiction to pass upon the issue of ownership,
because it is not an issue in the case. BuceVs. Court of
Appeals, 332 SCRA 151
Issues which are not raised in the pleading and tried with
the express or implied consent of the parties, amendment is
allowed: Court acquires jurisdiction over the issue. Sec. 5,
Rule 10 – the court may order or upon motion of any party,
amendment of the pleadings to conform with the evidence.
If a party presents evidence on a matter not at issue in the
pleadings, the other party may object evidence. The court
may sustain the object and exclude the evidence. However,
the same rule likewise allows the court, in the interest of
substantial justice, to direct an amendment to the pleadings
so that the pleadings will conform to the evidence. This is
true despite the object to the evidence. Evidence will then be
admitted after the amendments are made. Mercader vs. DBP,
332 SCRA 82, 97.
IV. JURISDICTION OVER THE CASE
Jurisdiction over the case is acquired by the court by the act
of the plaintiff in filing the complaint or information before
the said court.
As distinguished in the jurisdiction over subject matter-
The jurisdiction over the subject matter is conferred by the
law while the jurisdiction over the case is invested by the act
of the plaintiff, and attaches upon the filing of the complaint
of information.
IV. JURISDICTION OVER THE RES
This is acquired by:
The actual or constructive seizure by the court of the thing
in question, thus placing it in custodial egis, as in attachment
or garnishment; or by the provision of the law which
recognizes in the power to deal with the property or subject
matter in its territorial jurisdiction, as in the land registration
proceedings or suits involving civil status or real property in
the Philippines of a non-resident.
Note – also, the jurisdiction over the res is acquired by the
filing of the petition or the complaint, thereby making the
jurisdiction of the court effective.
KATARUNGANG PAMBARANGAY LAW
Basis:
Sec.399-422 of the Local Government Code of 1991, RA 7160.
Note – Previously under PD 1508, but nonw integrated in the
Local Government Code.
Codal provisions:
CHAPTER VII
 KatarungangPambarangay
Section 399. LupongTagapamayapa. -
(a) There is hereby created in each
barangay a lupongtagapamayapa,
hereinafter referred to as the lupon,
composed of the punong barangay, as
chairman and ten (10) to twenty (20)
members. The lupon shall be constituted
every three (3) years in the manner
provided herein.
(b) Any person actually residing or working,
in the barangay, not otherwise expressly
disqualified by law, and possessing
integrity, impartiality, independence of
mind, sense of fairness, and reputation for
probity, may be appointed a member of the
lupon.
(c) A notice to constitute the lupon, which
shall include the names of proposed
members who have expressed their
willingness to serve, shall be prepared by
the punong barangay within the first fifteen
(15) days from the start of his term of
office. Such notice shall be posted in three
(3) conspicuous places in the barangay
continuously for a period of not less than
three (3) weeks;
(d) The punong barangay, taking into
consideration any opposition to the
proposed appointment or any
recommendations for appointment as may
have been made within the period of
posting, shall within ten (10) days
thereafter, appoint as members those
whom he determines to be suitable
therefor. Appointments shall be in writing,
signed by the punong barangay, and
attested to by the barangay secretary.
(e) The list of appointed members shall be
posted in three (3) conspicuous places in
the barangay for the entire duration of their
term of office; and
(f) In barangays where majority of the
inhabitants are members of indigenous
cultural communities, local systems of
settling disputes through their councils of
datus or elders shall be recognized without
prejudice to the applicable provisions of this
Code.
Section 400. Oath and Term of Office. - Upon
appointment, each lupon member shall take an oath
of office before the punong barangay. He shall hold
office until a new lupon is constituted on the third
year following his appointment unless sooner
terminated by resignation, transfer of residence or
place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the
majority of all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in
the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall
hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon
shall:
(a) Exercise administrative supervision over
the conciliation panels provided herein;
(b) Meet regularly once a month to provide
a forum for exchange of ideas among its
members and the public on matters
relevant to the amicable settlement of
disputes, and to enable various conciliation
panel members to share with one another
their observations and experiences in
effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay
secretary shall concurrently serve as the secretary of
the lupon. He shall record the results of mediation
proceedings before the punong barangay and shall
submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the
records of proceedings submitted to him by the
various conciliation panels.
Section 404. Pangkat ngTagapagkasundo. -
(a) There shall be constituted for each
dispute brought before the lupon a
conciliation panel to be known as the
pangkat ngtagapagkasundo, hereinafter
referred to as the pangkat, consisting of
three (3) members who shall be chosen by
the parties to the dispute from the list of
members of the lupon.
Should the parties fail to agree on the
pangkat membership, the same shall be
 determined by lots drawn by the lupon
chairman.
(b) The three (3) members constituting the
pangkat shall elect from among themselves
the chairman and the secretary. The
secretary shall prepare the minutes of the
pangkat proceedings and submit a copy
duly attested to by the chairman to the
lupon secretary and to the proper city or
municipal court. He shall issue and cause to
be served notices to the parties concerned.
The lupon secretary shall issue certified true
copies of any public record in his custody
that is not by law otherwise declared
confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy
in the pangkat shall be chosen by the parties to the
dispute from among the other lupon members.
Should the parties fail to agree on a common choice,
the vacancy shall be filled by lot to be drawn by the
lupon chairman.
Section 406. Character of Office and Service of Lupon
Members. -
(a) The lupon members, while in the
performance of their official duties or on
the occasion thereof, shall be deemed as
persons in authority, as defined in the
Revised Penal Code.
(b) The lupon or pangkat members shall
serve without compensation, except as
provided for in Section 393 and without
prejudice to incentives as provided for in
this Section and in Book IV of this Code. The
Department of the Interior and Local
Government shall provide for a system of
granting economic or other incentives to
the lupon or pangkat members who
adequately demonstrate the ability to
judiciously and expeditiously resolve cases
referred to them. While in the performance
of their duties, the lupon or pangkat
members, whether in public or private
employment, shall be deemed to be on
official time, and shall not suffer from any
diminution in compensation or allowance
from said employment by reason thereof.
Section 407. Legal Advice on Matters Involving
Questions of Law. - The provincial, city legal officer
or prosecutor or the municipal legal officer shall
render legal advice on matters involving questions of
law to the punong barangay or any lupon or pangkat
member whenever necessary in the exercise of his
functions in the administration of the
katarungangpambarangay.
Section 408. Subject Matter for Amicable
Settlement; Exception Thereto. - The lupon of each
barangay shall have authority to bring together the
parties actually residing in the same city or
municipality for amicable settlement of all disputes
except:
(a) Where one party is the government, or
any subdivision or instrumentality thereof;
(b) Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions;
(c) Offenses punishable by imprisonment
exceeding one (1) year or a fine exceeding
Five thousand pesos (P5,000.00);
(d) Offenses where there is no private
offended party;
(e) Where the dispute involves real
properties located in different cities or
municipalities unless the parties thereto
agree to submit their differences to
amicable settlement by an appropriate
lupon;
(f) Disputes involving parties who actually
reside in barangays of different cities or
municipalities, except where such barangay
units adjoin each other and the parties
thereto agree to submit their differences to
amicable settlement by an appropriate
lupon;
(g) Such other classes of disputes which the
President may determine in the interest of
Justice or upon the recommendation of the
Secretary of Justice.
The court in which non-criminal cases not
falling within the authority of the lupon
under this Code are filed may, at any time
before trial motupropio refer the case to
the lupon concerned for amicable
settlement.
Section 409. Venue. -
(a) Disputes between persons actually
residing in the same barangay shall be
 brought for amicable settlement before the (c) Suspension of prescriptive period of
lupon of said barangay. offenses - While the dispute is under
mediation, conciliation, or arbitration, the
(b) Those involving actual residents of prescriptive periods for offenses and cause
different barangays within the same city or of action under existing laws shall be
municipality shall be brought in the interrupted upon filing the complaint with
barangay where the respondent or any of the punong barangay. The prescriptive
the respondents actually resides, at the periods shall resume upon receipt by the
election of the complaint. complainant of the complainant or the
certificate of repudiation or of the
(c) All disputes involving real property or certification to file action issued by the
any interest therein shall be brought in the lupon or pangkat secretary: Provided,
barangay where the real property or the however, That such interruption shall not
larger portion thereof is situated. exceed sixty (60) days from the filing of the
complaint with the punong barangay.
(d) Those arising at the workplace where
the contending parties are employed or at (d) Issuance of summons; hearing; grounds
the institution where such parties are for disqualification - The pangkat shall
enrolled for study, shall be brought in the convene not later than three (3) days from
barangay where such workplace or its constitution, on the day and hour set by
institution is located. the lupon chairman, to hear both parties
and their witnesses, simplify issues, and
explore all possibilities for amicable
Objections to venue shall be raised in the
settlement. For this purpose, the pangkat
mediation proceedings before the punong
may issue summons for the personal
barangay; otherwise, the same shall be
appearance of parties and witnesses before
deemed waived. Any legal question which
it. In the event that a party moves to
may confront the punong barangay in
disqualify any member of the pangkat by
resolving objections to venue herein
reason of relationship, bias, interest, or any
referred to may be submitted to the
other similar grounds discovered after the
Secretary of Justice, or his duly designated
constitution of the pangkat, the matter shall
representative, whose ruling thereon shall
be resolved by the affirmative vote of the
be binding.
majority of the pangkat whose decision
shall be final. Should disqualification be
Section 410. Procedure for Amicable Settlement. -
decided upon, the resulting vacancy shall be
filled as herein provided for.
(a) Who may initiate proceeding - Upon
payment of the appropriate filing fee, any
(e) Period to arrive at a settlement - The
individual who has a cause of action against
pangkat shall arrive at a settlement or
another individual involving any matter
resolution of the dispute within fifteen (15)
within the authority of the lupon may
days from the day it convenes in
complain, orally or in writing, to the lupon
accordance with this section. This period
chairman of the barangay.
shall, at the discretion of the pangkat, be
extendible for another period which shall
(b) Mediation by lupon chairman - Upon not exceed fifteen (15) days, except in
receipt of the complaint, the lupon clearly meritorious cases.
chairman shall within the next working day
summon the respondent(s), with notice to
Section 411. Form of settlement. - All amicable
the complainant(s) for them and their
settlements shall be in writing, in a language or
witnesses to appear before him for a
dialect known to the parties, signed by them, and
mediation of their conflicting interests. If he
attested to by the lupon chairman or the pangkat
fails in his mediation effort within fifteen
chairman, as the case may be. When the parties to
(15) days from the first meeting of the
the dispute do not use the same language or dialect,
parties before him, he shall forthwith set a
the settlement shall be written in the language
date for the constitution of the pangkat in
known to them.
accordance with the provisions of this
Chapter.
Section 412. Conciliation. -
 (a) Pre-condition to Filing of Complaint in
Court. - No complaint, petition, action, or
proceeding involving any matter within the
authority of the lupon shall be filed or
instituted directly in court or any other
government office for adjudication, unless
there has been a confrontation between
the parties before the lupon chairman or
the pangkat, and that no conciliation or
settlement has been reached as certified by
the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat
chairman or unless the settlement has been
repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court.
- The parties may go directly to court in the
following instances:
(1) Where the accused is under
detention;
(2) Where a person has otherwise
been deprived of personal liberty
calling for habeas corpus
proceedings;
(3) Where actions are coupled with
provisional remedies such as
preliminary injunction,
attachment, delivery of personal
property and support pendente
lite; and
(4) Where the action may
otherwise be barred by the statute
of limitations.
(c) Conciliation among members of
indigenous cultural communities. - The
customs and traditions of indigenous
cultural communities shall be applied in
settling disputes between members of the
cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the
proceedings, agree in writing that they shall
abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement
to arbitrate may be repudiated within five
(5) days from the date thereof for the same
grounds and in accordance with the
procedure hereinafter prescribed. The
arbitration award shall be made after the
lapse of the period for repudiation and
within ten (10) days thereafter.
(b) The arbitration award shall be in writing
in a language or dialect known to the
parties. When the parties to the dispute do
not use the same language or dialect, the
award shall be written in the language or
dialect known to them.
Section 414. Proceedings Open to the Public;
Exception. - All proceedings for settlement shall be
public and informal: Provided, however, That the
lupon chairman or the pangkat chairman, as the case
may be, may motuproprio or upon request of a
party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungangpambarangay proceedings, the parties
must appear in person without the assistance of
counsel or representative, except for minors and
incompetents who may be assisted by their next-of-
kin who are not lawyers.
Section 416. Effect of Amicable Settlement and
Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a
final judgment of a court upon the expiration of ten
(10) days from the date thereof, unless repudiation
of the settlement has been made or a petition to
nullify the award has been filed before the proper
city or municipal court.
However, this provision shall not apply to court
cases settled by the lupon under the last paragraph
of Section 408 of this Code, in which case the
compromise or the pangkat chairman shall be
submitted to the court and upon approval thereof,
have the force and effect of a judgment of said
court.
Section 417. Execution. - The amicable settlement or
arbitration award may be enforced by execution by
the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the
settlement may be enforced by action in the
appropriate city or municipal court.
Section 418. Repudiation. - Any party to the dispute
may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the
lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification
for filing a complaint as hereinabove provided.
 Section 419. Transmittal of Settlement and
Arbitration. - Award to the Court. - The secretary of
the lupon shall transmit the settlement or the
arbitration award to the appropriate city or
municipal court within five (5) days from the date of
the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and
the lupon chairman.
Section 420. Power to Administer Oaths. - The
punong barangay, as chairman of the
lupongtagapamayapa, and the members of the
pangkat are hereby authorized to administer oaths
in connection with any matter relating to all
proceedings in the implementation of the
katarungangpambarangay.
Section 421. Administration; Rules and Regulations. -
The city or municipal mayor, as the case may be,
shall see to the efficient and effective
implementation and administration of the
katarungangpambarangay. The Secretary of Justice
shall promulgate the rules and regulations necessary
to implement this Chapter.
Section 422. Appropriations. - Such amount as may
be necessary for the effective implementation of the
katarungangpambarangay shall be provided for in
the annual budget of the city or municipality
concerned.
Purpose/object of the Barangay Law
1. To reduce the number of court litigations
2. To prevent decoration of the quality of justice which has
been brought about by the indiscriminate filing of cases in
courts.
Rule in referral to the barangay
Sec. 412 of the Local Government Code.
No complaint, petition, action, or proceedings, (CPAP)
 Involving any matter within the authority of the
Lupon shall be filed or institute directly or
indirectlyin court or in any government office for
adjudication
o Unless, there has been a confrontation
between the parties before the Lupon
chariman or the pangkat, and that no
concillation or settlement has been
reached, as certified by the lupon or
pangkat chairman.
Letica V. Agbayani vs Court of Appeals, Department of
Justice, GR. No. 183623
The compulsory process of barangay concillation is a
pre-condition for the filing of the complaint in court.
Where the complaint:
a. Did not state that it is one of the
excepted cases
b. Did not allege prior availment of said
concillation process
c. did not have certification that no
concillation had been reached by the
parties
The case should be dismissed.
Note – Failure to comply with condition precedent is not
jurisdictional, and thus, motion to dismiss should be properly
filed by the opposing party. No motuprio dismissal, except in
Small Claims cases.
Note – In summary proceedings, the court can dismiss the
case motuprorio if the parties failed to refer the same in the
lupon as it is stated in:
Sec. 18. Referral to Lupon. — Cases requiring
referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such
requirement, shall be dismissed without prejudice
and may be revived only after such requirement
shall have been complied with. This provision shall
not apply to criminal cases where the accused was
arrested without a warrant.c
When the parties may go directly to court:
Sec. 412, b – (b) Where Parties May Go Directly to Court. -
The parties may go directly to court in the following
instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus
proceedings;
(3) Where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and
 (4) Where the action may otherwise be barred by
the statute of limitations.
Rule in Concillation among indigenous cultural communities:
Sec. 412, c - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
Exceptions fo the rule on referral of case to the barangay:
Section 408. Subject Matter for Amicable Settlement;
Exception Thereto. - The lupon of each barangay shall have
authority to bring together the parties actually residing in the
same city or municipality for amicable settlement of all
disputes except:
a. Where one party is the government, or any
subdivision or instrumentality thereof
b. Where on party is a public officer or employee,
and the dispute relates to the performance of his
public functions
c. Offenses punishable by imprisonment exceeding 1
year of fine exceeding Five Thousand Pesos, (P 5,
000.00)
d. Offenses where there is no private offended
party;
e. Where the dispute involves real properties located
in different cities of municipalities unless the parties
thereto agree to submit their differences to
amicable settlement by an appropriate lupon
f. Disputes involving parties who actually reside in
barangays of different cities or municipalies, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by a appropriate action.
Exceptions under the Administrative Circular 14-93:
a. Offenses for which the law prescribes maximum penalty of
imprisonment exceeding one year or a fine over five
thousand pesos, P 5,000.00 (The same as letter c of Sec. 408)
b. Offenses where there is no private offended party (The
same as letter d of Sec. 408)
c. Disputes where urgent legal action is necessary to prevent
injustice from being committed or further continued, (New)
especially:
c.1. – Criminal cases where the accused is under
detention
c.2. – Petitions for Habeas Corpus by a person
illegally deprived of his ightful custody over another
or a person illegally deprived of his liberty or one
acting in his behalf
d. Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal
property and support during pendency of an action.
e. Actions which may be barred by Statutes of Limitations
Note: The exceptions for the KatarungangPambarangay law
are in Sec. 408, a-f, and 412b, and it can also be found in
Administrative Circular 14-93, but merely reiterates some of
the exceptions found in the Local Government Code.
As also held in jurisprudence, Vda. De BromoeovsPogoy,
cases involving juridical persons such as estates may file the
complaint in court without first resorting to barangay
conciliation.
Who may initiate barangay proceeding?
Sec. 410 provides, upon payment of appropriate filing fee,
any individual who has cause against another individual
involving any matter within the authority of the lupon, may
complain, orally or in writing, to the lupon chairman of the
barangay.
Appearance before Barangay Proceedings
General rule: In all katarungangpambarangay proceedings,
the parties must appear in person without the assistance of
counsel or representative
Except – for minors and incompetents who may be assisted
by their next-of-kin who are not lawyers.
Rationale behind the rule – to enable the lupon to secure first
hand and direct information about the facts and issues.
Participation of lawyers with their penchant to use their
analytical skills and legal knowledge tend to prolong instead
of expedite the settlement of the case. Atty. Evelyn J.
Magnovs Atty. Olivia Velasco-Jacoba, Nov. 22, 2005.
Duty of the judge to determine if there is a compliance with
the barangay conciliation procedure before judicial action
shall be conducted.
All complaints and/or informations filed or raffled to your
sale/branch of the Regional Trial Court, Municipal Trial Court,
or Municipal Trial Court shall be carefully read and scrutinized
to determinate if there has been a compliance with prior
Barangay conciliation procedure under the Revised
KatarungangPambarangay law, and its implementing rules
and Regulations, as pre-condition to judicial action,
particularly whether the certificate to file an action attached
to the records of the case comply with the requirements.
Confrontation with the Lupon Chairman for amicable
settlement is considered as substantial compliance with the
law on barangay, thus, while admittedly no pangkat was
constituted, it was not denied that the parties met in the
office of Barangay chairman for possible settlement. No
agreement has been reached, thus certificate to file an action
is issued – there is already a substantial compliance. On this
score, it is significant that the Barangay Chariman or Punong
Barangay herself the Chairman of the Lupon under the LGC.
Effects of non-compliance to referral of case to Barangay
It can be dismissed upon proper motion of the court.
However, it is not jurisdictional in nature, and may be
deemed waived if not seasonably raised in motion to dismiss
Note – the dismissal is without prejudice. It is a dismissal
based on non-compliance with condition precedent, See Rule
16, Sec. 1 J.
Remedy of the plaintiff:
1. Before the finality of the order of dismissal, comply with
the requirements and motion to revive, within 15 days from
the period of notice of order of dismissal.
2. After the order of dismissal becomes final and executory,
re-file the case after compliance with the condition
precedent.
Note – There is motupropio dismissal of the case for failure to
comply with barangay conciliation under the rules on
summary procedure.
Sec. 4 of the Rules of Summary procedure provides that:
After the court determines that the case falls under summary
procedure, it may, from an examination of allegations therein
and such evidence as may be attached thereto, dismiss the
case outright on any grounds apparent therefrom for the
dismissal of civil action.
Note – The dismissal for non-compliance is without prejudice.
The remedy is revival after its compliance.
Sec. 18 of Rules in Summary Procedure states that:
Cases requiring referral to the Lupon for conciliation under
the provisions of PD. 1503m where there is no showing of the
compliance requirement, shall be dismissed without
prejudiced, and may be revived only after such compliance
has been complied with. This provision shall not apply to
criminal cases where the accused was arrested without
warrant.
Remanding the case by the court to barangay cured the
defect in barangay conciliation
The court finds no error in previous conciliation proceedings
leading to the issuance of the first certificate to file action,
which was alleged to be defective, has already been cured by
the MTCCs act of referring back the case to Pangkat
Tagapagkasundofo the Barangay Kuswagang or proper
concillation proceedings.
Effect of Amicable Settlement at Barangay Level –
Under Sec. 416 of the LGC, an amicable settlement shall have
force and effect of final judgment of the court upon
expiration of 10 days from the date thereof,
Unless, repudiation of the settlement has been
made or a petition to nullify the award has been
filed before proper court.
Grounds for repudiation:
Under Sec. 416 of the LGC, the settlement is repudiated
within 10 days where:
1. The consent is vitiated by force, violence, or
intimidation
2. Petition to nullify the award has been filed before
the proper city or municipal court.
The repudiation of the settlement shall be sufficient basis of a
certification to file complaint. Ma. Teresa Vidal s Ma. Teresa
Escueta. GR. No. 156228, Dec. 10, 2003
Rules on Venue:
Section 409. Venue. -
(a) Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before the
lupon of said barangay.
(b) Those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent or any of the respondents
actually resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein
shall be brought in the barangay where the real property or
the larger portion thereof is situated.
(d) Those arising at the workplace where the contending
parties are employed or at the institution where such parties
are enrolled for study, shall be brought in the barangay
where such workplace or institution is located.
Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise, the
same shall be deemed waived. Any legal question which may
confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the Secretary
of Justice, or his duly designated representative, whose ruling
thereon shall be binding.
Rules of venue of referral of the case to the barangay, Sec.
409
a. Disputes between or among persons actually residing in
the same barangay shall be brought for amicable settlement
before the Lupon of the said barangay
b. Those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent or any of the respondent
actually resides, at the election of the complainant.
However, all disputes which involve real property or any
interest therein shall be brought in the barangay where the
real property or any part thereof is situated.
c. Also, those arising at workplace where the contenting are
employed, or at institution where such parties are enrolled
for study, shall be brought in the barangay where such
workplace or institution is located.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the
appropriate filing fee, any individual who has a cause of
action against another individual involving any matter within
the authority of the lupon may complain, orally or in writing,
to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the
complaint, the lupon chairman shall within the next working
day summon the respondent(s), with notice to the
complainant(s) for them and their witnesses to appear before
him for a mediation of their conflicting interests. If he fails in
his mediation effort within fifteen (15) days from the first
meeting of the parties before him, he shall forthwith set a
date for the constitution of the pangkat in accordance with
the provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While the
dispute is under mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing the complaint
with the punong barangay. The prescriptive periods shall
resume upon receipt by the complainant of the complainant
or the certificate of repudiation or of the certification to file
action issued by the lupon or pangkat secretary: Provided,
however, That such interruption shall not exceed sixty (60)
days from the filing of the complaint with the punong
barangay.
(d) Issuance of summons; hearing; grounds for
disqualification - The pangkat shall convene not later than
three (3) days from its constitution, on the day and hour set
by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for
amicable settlement. For this purpose, the pangkat may issue
summons for the personal appearance of parties and
witnesses before it. In the event that a party moves to
disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, the matter
shall be resolved by the affirmative vote of the majority of
the pangkat whose decision shall be final. Should
disqualification be decided upon, the resulting vacancy shall
be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive
at a settlement or resolution of the dispute within fifteen (15)
days from the day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be
extendible for another period which shall not exceed fifteen
(15) days, except in clearly meritorious cases.
Procedure to arrive at an amicable settlement in the
barangay-
Filing of the complaint orally or in writing with the lupon
chariman, and payment of filing fee.
Upon the receipt of the complaint, the lupon chairman, shall,
within the next working day, summon the respondents, with
notice to complainants for them and their witnesses to
appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within 15 days
from the first meeting of the parties before him, he shall
forthwith set a date for constitution of the pangkat in
accordance with the provisions of this chapter.
The pangkat shall arrive at a settlement or resolution fo the
dispute within fifteen days from the day it convenes in
accordance with this section. This period, shall, at the
discretion of the pangkat, be extendible for another period
which shall not exceed fifteen days, except in clearly
meritorious cases.
Effect of mediation, conciliation, and arbitration in the
interruption of the prescriptive period in offenses and cause
of action
1. Upon the receipt of the complaint by the Punong
Barangay
While the dispute is under mediation, conciliation or
arbitration, the prescriptive periods for offenses and cause of
action under existing laws shall be interrupted upon filing of
the complaint with the punong barangay.
2. Upon receipt of the complainant: Certificate of
repudiation: Certificate to file action
The prescriptive periods shall resume upon receipt by the
complainant of the complaint or the certificate of the
repudiation or the certification to file action issued by the
lupon or pangkat secretary.
3. Period of interruption of prescriptive period of offenses
and cause of action
Such interruption shall not exceed 60 days from the filing of
the complaint with the punong barangay
Actions of the court in case of non-compliance with the
conciliation proceedings
1. It may be dismissed upon the motion of the defendant not
for lack or jurisdiction by the court, but for failure to state
cause of action or prematurity (failure to comply with
condition precedent). Royalesvs IAC. ???
2. The court may suspend proceedings upon petition of any
party under the Sec. 1, Rule 21 of the Rules of Court.
3. The court may refer the case motupropioto appropriate
Barangay authority, applying by analogy Sec. 408, g, 2nd
paragraph of the Revised KatarunangPambarangay Law.
Admin Cir. 14-93
Lack of barangay conciliation must be raised in motion to
dismiss, otherwise waived
It is a well settled non-referral of the case for barangay
conciliation when so required under the law is not
jurisdictional in nature and may be therefore deemed waived
if not raised seasonably in a motion to dismiss.
New complaint should be filed before the barangay against
the heirs of the original respondent, otherwise there is non-
compliance of the rule –NOTE THIS!!!!
The court thus rules that the petitioner’s complaint against
the respondent Heirs was premature. It bears stressing that
they were not impleaded by the petitioner as parties-
respondents before the Lupon. The petitioner filed her
complaint solely against the respondet Josephine Pablo.
Moreover, the said respondent heirs were not privy to the
said agreement, and such, were not bound by it.
Section 411. Form of settlement. - All amicable settlements
shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon
chairman or the pangkat chairman, as the case may be. When
the parties to the dispute do not use the same language or
dialect, the settlement shall be written in the language
known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between
the parties before the lupon chairman or the pangkat, and
that no conciliation or settlement has been reached as
certified by the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may
go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery of personal
property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute
of limitations.
(c) Conciliation among members of indigenous cultural
communities. - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.

Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in
writing that they shall abide by the arbitration award of the
lupon chairman or the pangkat. Such agreement to arbitrate
may be repudiated within five (5) days from the date thereof
for the same grounds and in accordance with the procedure
hereinafter prescribed. The arbitration award shall be made
after the lapse of the period for repudiation and within ten
(10) days thereafter.
(b) The arbitration award shall be in writing in a language or
dialect known to the parties. When the parties to the dispute
do not use the same language or dialect, the award shall be
written in the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All
proceedings for settlement shall be public and informal:
Provided, however, That the lupon chairman or the pangkat
chairman, as the case may be, may motuproprio or upon
request of a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungangpambarangay proceedings, the parties must
appear in person without the assistance of counsel or
representative, except for minors and incompetents who may
be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration
Award. - The amicable settlement and arbitration award shall
have the force and effect of a final judgment of a court upon
the expiration of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or
municipal court.
However, this provision shall not apply to court cases settled
by the lupon under the last paragraph of Section 408 of this
Code, in which case the compromise or the pangkat chairman
shall be submitted to the court and upon approval thereof,
have the force and effect of a judgment of said court.
Thus, under Sec. 416, an amicable settlement shall have force
and effect of final judgment of the court upon the expiration
of 10 days from the date thereof, unless repudiation of the
settlement has been made or a petition to nullify the award
has been filed in proper court.
Earnest efforts towards amicable settlement between the
members of the same family under Art. 151 of the Family
Code must be complied with
The court rules that such allegation in the complaint, as well
as the certification to file action by the barangay chairman, is
sufficient compliance with Art. 151 of the Family Code.
Amicable settlement has force and effect of final
judgment/res judicata even not judicially approved:
Remedies for enforcement
The settlement is binding between the contracting parties,
and, upon it perfection, is immediately executory insofar as
not contrary to law, morals, good customs public order and
public policy. Art. 2037 of the Civil Code.
A compromise has upon the parties the effect and authority
of res judicata, but there shall be no execution except in
compliance with a judicial compromise.
Thus, under Sec. 417 of the LGC, such amicable settlement or
arbitration award may be enforced by execution by the
Barangay Lupon within six (6) months from the date of
settlement, or by filing an action of action to enforce such
settlement in the appropriate city or municipal court, if
beyond six month period.
Note – the first remedy is government by the
KatarungangPambarangay Implementing rules and
regulation, while the second remedy is governed by the Rules
of Court.
Section 417. Execution. - The amicable settlement or
arbitration award may be enforced by execution by the lupon
within six (6) months from the date of the settlement. After
the lapse of such time, the settlement may be enforced by
action in the appropriate city or municipal court.
Execution of amicable settlement or arbitration award may
be enforced in the following manner:
1. Execution by the Lupon within six months from
the date of the settlement
2. After the lapse of such time, the settlement may
be enforced by action in appropriate city or
municipal court.
The first manner is quasi-judicial and summary in nature on
mere motion of the parties entitled thereto.
The second remedy is a judicial process.
Sec. 417 of the LGC grants a party a period of six months to
enforce the amicable settlement by the Lupon through
Punong Barangay before such party may resort to filing an
action with MTC to enforce the settlement.
The raison d’ etre of the law is to afford the parties during
the six months timeline a simple, speedy and less expensive
enforcement of their settlement before the Lupon.
How to execute agreement after six months period under
Sec. 417: Venue? Enforcement of amicable settlement does
not fall under summary procedure.
KatarungangPambarangay Implementing Rules and
Regulations, Rule VII, Sec. 2 provides:
Sec. 2 Modes of Execution – The amicable settlement or
arbitration award may be enforced by execution by the Lupon
within six months from the date of the settlement or date of
the receipt of the award or from the date of the obligation
stipulated in the settlement or adjudged the arbitration
award becomes due and demandable.
After the lapse of such time, the settlement or award may be
enforced by appropriate trial court pursuant to applicable
provisions of the Rules of Court. An amicable settlement
reached in a case referred by the Court having jurisdiction
over the case to the Lupon shall be enforced by execution by
the said court.
By the express provision of the Sec. 417 of the LGC, an
action for the enforcement of the settlement should be
instituted in the proper municipal or city court. This is
regardless of the nature of the complaint before the Lupon,
and the relief prayed for therein.
The venue for such action is governed by the Rule 4, Sec. 1 o
the Rules of Civil Procedure, as amended. An action for the
enforcement of the settlement is not one of those covered in
Rules in Summary Procedure in civil cases, thus, rules on
regular procedure shall apply, as provided for in Sec. 1, Rule 5
of the Rules in Civil Procedure. Ma. Teresa Vidal vs Ma.
Teresa Escueta, GR no. 156228, Dec. 10, 2004.
Section 418. Repudiation. - Any party to the dispute may,
within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint as hereinabove provided.
How to repudiate
Any party to the dispute may, within ten (10) days from the
date of the settlement, repudiate the same by filing with the
lupon chairman a statement to that effect sworn to before
him, where the consent is vitiated by fraud, violence, or
intimidation.
Effect of Repudiation
Such repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint as hereinabove
provided.
Remedies in case of repudiation of the amicable settlement:
Amicable settlement deemed rescinded even without court
intervention
If the amicable settlement is by one party, either expressly or
impliedly, the other party has two options, namely:
1. To enforce the compromise in accordance with the Local
Government Code or Rules of Court as the case maybe
2. To consider it rescinded and insists upon his original
demand. This is in accordance with Art. 2041 of the Civil
Code, which qualifies the broad application of Art. 2037:
If one of the parties fails or refuses to abide the compromise,
the other party may either enforce the compromise or regard
it as rescinded and insists upon his original demand.
In the case of Leonor vsSycip, the court ruled that Art. 2041
does not require an action for recission and the aggrieved
party by the breach of compromise agreement, may
considered it already rescinded.
Note – in the case of Chavez vs Court of Appeals, it was ruled
that the mode of enforcement does not rule out the right of
recession under the Art. 2041 of the Civil Code. The
availability of the right of recession is apparent from the
wording of Sec. 417 itself which provides that the amicable
settlement “may” be enforced by execution by the Lupon
within six months from its date or by action in the
appropriate city municipal court, If beyond the period.
Requirements for the issuance of Certificate to file an action
Under the provisions of R.A. 7160 on the
KatarungangPambarangayConcillation, as implemented by
the KatarungangPambarangay Rules and Regulations
promulgated by the Secretary of Justice, the certification for
filing a complaint in court or any government office shall be
issued by the barangay authorities only upon compliance with
the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon
Chairman, certifying that a confrontation of the parties has
taken place and that a conciliation or settlement has been
reached, but the same has been subsequently repudiated.
2. Issued by the Pangkat Secretary and attested by the
Pangkat Chairman, certifying that:
a. A confrontation of parties took place but no
concillation/settlement has been reached.
b. That no personal confrontation took place before the
Pangkat through no fault of the complaint
3. Issued by the Punong Barangay, as requested by the
property party on the ground of failure of settlement where
the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance with
the customs and traditions of that particular cultural
community, or where one or more of the parties to the
aforesaid dispute belong to minority and the parties aforesaid
dispute belong to the minority and the parties agreed to
submit their dispute to indigenous system of amicable
settlement, and there has been no settlement as certified by
the datu tribal leader or elder to Punong Barangay of the
place of settlement.
a. Instances of none issuance of certification: Constitution of
the Pangkat by the Punong Barangay
If mediation or conciliation efforts before the Punong
Barangay proved unsuccessful, there having been no
agreement to arbitrate, or where the respondent fails to
appear at mediation proceeding before the Punong Barangay,
the Punong Barangay shall not cause the issuance at this
stage of a certification to file action, because it is now
mandatory for him to constitute the pangkat before whom
the mediation, conciliation, or arbitration proceedings shall
be held.
Section 419. Transmittal of Settlement and Arbitration. -
Award to the Court. - The secretary of the lupon shall
transmit the settlement or the arbitration award to the
appropriate city or municipal court within five (5) days from
the date of the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies thereof to
each of the parties to the settlement and the lupon chairman.
Rule in filing of small claims case before the court in case
the arbitral award involves payment or reimbursement of
money not exceeding One Hundred Thousand Pesos.
Sec. 4(c) of the Rules in Small Claims cases, provides for the
rule on filing of small claims action in case the enforcement of
a barangay amicable settlement or arbitration award
involving money not exceeding 100,000.00. It state that:
Sec. 4 – Applicability – c. The enforcement of a barangay
settlement or arbitration award involving money claim
covered by this Rule pursuant to Sec. 417 of RA. 7160,
otherwise known as Local Government Code of 1991.
What is the remedy in case of enforcement of amicable
settlement or an arbitration award involving money claim.
File a small claim case before the MTC/MCTC pursuant to Sec.
4 of the Rules of Small Claims case in relation to Sec. 17 of the
RA 7160.
Basic concepts on the commencement of civil action, Sec. 5,
Rule 1.
Section 5. Commencement of action. — A civil action is
commenced by the filing of the original complaint in court. If
an additional defendant is impleaded in a later pleading, the
action is commenced with regard to him on the dated of the
filing of such later pleading, irrespective of whether the
motion for its admission, if necessary, is denied by the
court. (6a)
When an action deemed commenced-
1. A civil action is commenced by the filing of the
original complaint in the clerk of court plus the
payment of the corresponding docket fees. Rule 141,
as amended.
2. If an additional defendant is impleaded in a later
pleading, the action is commenced with regard to
him on the date of filing of such pleading,
irrespective of whether a motion for its admission, if
necessary, is denied by the court.
Note – failure to attach all pleadings and documents not a
ground to dismiss the petition
Failure to attach all pleadings and documents, by itself is not
a sufficient ground to dismiss the petition. In appropriate
cases, the courts may liberally construe procedural rules in
order to meet and advance the cause of substantial justice.
When they arose from honest mistake, or unforeseen
accident, and when they have not prejudiced the adverse
party or deprived the court of its authority, the court may not
dismiss the same.
How to commence Small Claim Case?
In small claims cases, it can be commenced by filing with the
court the following:
a. An accomplished and verified Statement of Claim,
Form 1-SCC, in duplicate
b. A certificate of non-forum shopping, Form 1-A SCC
c. Duly certified photocopies of the actionable
documents/as well as affidavits of the witnesses and
other evidence to support the claim.
Maning of Filing, Sec. 2, Rule 13 – is the act of presenting the
same to the clerk of court.
Commencement of Action
The effect of filing of the complaint in court tolls the running
of prescriptive period.
Art. 1155, of the Civil Code, the prescription is interrupted
when they are filed before the court, when there is a written
extrajudicial demand by the creditors, and when there is any
written acknowledgement of debt by the debtor.
establish a status, a right, or particular fact. For instance, it is
not necessary that a right is violated in order to institute
special proceedings case for adoption.
Classifications of actions
As to its subject: determinative of venue
Real action – An action affecting title to, or possession of real
property or interest therein.
Personal action – An action which seeks to recover personal
property, enforcement of contract, recovery of damages, and
other case snot founded on privity of contracts.
Mixed action – When the plaintiff joins two or more causes
of actions based on the same act or occurrence, one of which
is an action affecting title to, or possession of real property or
interest therein (real action), and the other is an action which
seeks to recover personal property, enforcement of contract,
recovery of damages, and other case snot founded on privity
of contracts (personal action).

Action Cause of Action Right of Action Local action – is an which is required by the rules to be
A suit filed in court Delict or wrongful Remedial right or instituted in a particular place in the absence to the
for the protection act or omission right to relief agreement to the contrary
and enforcement committed by the granted by law to
of a right and defendant in a party to Transitory – is an action the venue of which is dependent
prevent and violation of the institute an action generally upon the residence of the parties regardless of
redress of a wrong primary rights of against a person where the cause of action arose.
the plaintiff. who has
committed a
wrong or delict
As to its purpose: service of summons and acquisition of
against him.
jurisdiction

Action in rem – One which is not directed only against

Note – not all actions instituted in court are required to be
particular person, but against the thing itself and the object
based on a cause of action. The same is true only in case of
of which is to bar indifferently all who might be minded to
ordinary civil actions. A special proceeding, as defined by Sec.
make any objection against the right, sought to be enforced,
3©, Rule 1 is an action which does not require cause of
hence, the judgment therein is binding theoretically upon the
action.
whole world.
Furthermore, a violation of ones right is also not necessary in
Example – cadastral and land registration proceedings,
order to implead an unwilling co-plaintiff.
probate proceedings
Note that the right of action is dependent on the law of
Action in personam- one which is directed against particular
prescription, in accordance with substantive law.
persons on the basis of their personal liability to establish a
Basis of civil action – Every ordinary action must be based on claim against them, and the judgment wherein is binding only
cause of action. It is to obtain redress for the violation of a upon the parties impleaded or their successors in interest
right.
Example – recovery for damages, specific performance,
Basis of criminal action - the right of a party or the State to injunction, recission of contracts –
institute arises from the violation of an act or omission
Action quasi in rem – One which is directed against particular
punishable by law.
persons but the purpose of which is to bar and bind not only
Basis of special proceedings – the right to institute an action said persons but any other person who claims any interest in
is merely an exercise of a privilege provided by a law or to the property or right subject of the suit.
Example – foreclosure of mortgage, partition, attachment
under rule 57, or any other action which is to exclude the
defendant’s interest over the property.
Jurisdiction over the person of the defendant necessary in
action in personam; not in action in rem or quasi-inrem.
Jurisdiction over the res is enough for the actions in rem and
quasi in rem. It is acquired by:
a. seizure of the property under legal process, whereby
it is brought into actual custody of the law
b. as a result of institution of legal proceedings, in
which the power of the court is recognized and
made effective
Petition to establish illegitimate filiation is an action in rem:
mere filing of the petition, the court acquired jurisdiction
over the case.
BASIC CONCEPTS ON CASE OF ACTION
RULE 2
Cause of Action
Section 1.Ordinary civil actions, basis of. — Every ordinary
civil action must be based on a cause of action. (n)
Note that the concept of cause of action is generally relevant
only in ordinary civil action. In special proceedings where a
party merely seeks to establish a right, a status, or a
particular fact, there is normally no violation fo a right to
speak of, and hence, a cause of action is not a condition sine
qua non.
Section 2.Cause of action, defined. — A cause of action is
the act or omission by which a party violates a right of
another. (n)
Cause of action – is an act of omission by which a party
violates the right of another.
Elements:
1. The legal right of the plaintiff
2. The correlative obligation of the defendant to respect the
right of the plaintiff
3. The act of omission of the defendant in violation of the said
right, thereby the plaintiff is injured.
If one of the elements is lacking, the prop remedy is to file a
motion to dismiss for failure to state cause of action.
In relation to the complaint, it is a formal statement of the
operative facts that gives right to a remedial right. The
question whether the complaint states cause of action is
determined by the averments regarding the facts committed
by the defendant.
Test of sufficiency of cause of action – whether or not
admitting the facts alleged, the court could render a valid
verdict in accordance with the prayer of the said complaint.
How to determine whether the complaint states cause of
action?
The question of whether the complaint states a cause of
action is determined by its averments regarding the acts
committed by the defendant. Thus, it must contain a concise
statement of ultimate or essential facts constituting the
plaintiff’s cause of action. To be taken into account are only
material allegations of the complaint; extraneous facts and
circumstances or other matters aliunde are not considered.
Section 3.One suit for a single cause of action. — A party
may not institute more than one suit for a single cause of
action. (3a)
A party may not institute more than one suit for a single
cause of action.
Section 4.Splitting a single cause of action; effect of. — If
two or more suits are instituted on the basis of the same
cause of action, the filing of one or a judgment upon the
merits in any one is available as a ground for the dismissal
of the others. (4a)
Splitting of cause of action – act of dividing a single or
indivisible cause of action into several parts or claims and
instituting two or more actions upon them.
The rule - — If two or more suits are instituted on the basis of
the same cause of action,
 the filing of one or a judgment upon the merits in
any one is available as a ground for the dismissal of
the others
Example – claim for damages by a lessee of property in RTC,
and forcible entry in MTC – they only arise from single cause
of action.
Test to determine identity of causes of action:
 Same evidence test – it must be ascertained
whether the same evidence which is necessary to
sustain the second cause of action would have been
sufficient to authorize the recovery of the first.
 Several test – is to ascertain whether two relate to a
single or common cause of action, such as whether
the same evidence would support and sustain both
the first and second cause of action. The same as
same evidence test.
 Or, Whether the cause of action in the second case
existed at the time of the filing of the first
complaint.
Remedy of the defendant in case of splitting cause of action:
1. File a motion to dismiss on the ground that the first
complaint is still pending, or the ground of
litispendentia
2. File a motion to dismiss based on bar by prior
judgment, or res judicata
3. File an answer alleging as affirmative defense, either
or both grounds, and a preliminary heading may be
had thereon as if motion to dismiss is filed.
Note – There is a motupropio dismissal on the ground of
litispendentia and res judicata, Sec. 1, Rule 9.
CONSDOLITAITON OF CASES – RULE 31, SEC. 1.
Rule 31, Section 1. Consolidation. — When actions involving
a common question of law or fact are pending before the
court, it may order a joint hearing or trial of any or all the
matters in issue in the actions; it may order all the actions
consolidated, and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs
or delay. (1)
It is discretionary. The trial court is vested with discretion
whether or not to consolidate two or more cases.
Purpose of consolidation – it is aimed to obtain justice with
the lease expense and vexation to the litigants. The object of
consolidation is to avoid multiplicity of suits, guard against
oppression or abuse, prevent delays, and save the litigants
unnecessary acts and expense.
General rule – consolidation is applicable is the cases are
pending in the same judge: Exception.
In appropriate instances and in the interest of justice, cases
pending in different branches of the court or in the different
courts, may be consolidated, consistent with the rule in our
jurisdiction that leans toward permitting consolidation of
cases whenever possible and irrespective of diversity of the
issues in the resolution.
Section 5.Joinder of causes of action. — A party may in one
pleading assert, in the alternative or otherwise, as many
causes of action as he may have against an opposing party,
subject to the following conditions:
(a) The party joining the causes of action shall
comply with the rules on joinder of parties;
(b) The joinder shall not include special civil actions
or actions governed by special rules;
(c) Where the causes of action are between the
same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and
the venue lies therein; and
(d) Where the claims in all the causes action are
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
(5a)
Requisites of joinder of causes of action:
a. The party joining the causes of action shall comply
with the rules on joinder of parties;
b. The joinder shall not include special civil actions or
actions governed by special rules;
c. Where the causes of action are between the same
parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and
the venue lies therein; and
d. Where the claims in all the causes action are
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
(5a)
Cases under Special Civil Action:
1. Interpleader, Rule 62
2. Declaratory relief, formation of instrument,
quieting of title, and consolidation of ownership,
Rule 63
3. Certiorari over final judgment, or orders of the
Commission on Elections or Audit, Rule 64
4. Certiorari, prohibition and mandamus, Rule 65
5. Petition for quo warranto, Rule 66
 6. Complaint for expropriation, Rule 67
7. Complaint for foreclosure of real estate
mortgage, Rule 68 RULE 3
8. Complaint for partition, Rule 69
9. Forcible Entry and Unlawful Detainer, Rule 70 Parties to Civil Actions

Cases governed by Special Rules ( Special Proceedings ) Section 1.Who may be parties; plaintiff and defendant. —
Only natural or juridical persons, or entities authorized by
1. Probate of a will law may be parties in a civil action. The term "plaintiff" may
2. Instestate estate proceedings refer to the claiming party, the counter-claimant, the cross-
3. Escheat claimant, or the third (fourth, etc.) — party plaintiff. The
4. Trustees term "defendant" may refer to the original defending party,
5. Guardianship of minors or incompetents and the defendant in a counter-claim, the cross-defendant, or
custody of minors the third (fourth, etc.) — party defendant. (1a)
6. Adoption and revocation of adoption
7. Hospitalization of insane person Who are parties to civil action?
8. Habeas Corpus
9. Change of Name
1. Natural persons
10. Declaration of absence and death
2. Juridical persons
11. Correction of entries in the civil registry
3. Entities authorized by law may be parties in a civil
12. Insolvency proceedings
action, such as:
13. Alternative dispute resolution
a. State or its political subdivisions
14. Annulment of marriage
b. Labor organizations
15. Declaration of nullity of marriage
c. Partnership by estoppel
16. Writ of Amparo and Habeas Data
d. Corporation by estoppel
17. Environmental Cases
e. Foreign corporations, according to the
18. Special Rules in Alternative Dispute Resolution
Intellectual property code, even though not
engaged in the business in the PH, may
nevertheless bring a civil or administrative
action for opposition, cancellation,
JOINDER OF CLAIMS UNDER THE RULES ON SMALL CLAIMS infringement, unfair competition, false
CASES: designation of origin and false description,
whether or not licensed to do business in
Sec. 6. Joinder of Claims – Plaintiff may join in a single the Philippines under the existing laws.
statement of claims one or more separate claims against the
defendant provided that the total amount claimed, Who are plaintiff?
exclusive of interest and cost, does not exceed P 200, 000.00
1. The claiming party
2. Counter-claimant
3. Cross claimant
Section 6.Misjoinder of causes of action. — Misjoinder of 4. Third (fourth, etc)-party plaintiff
causes of action is not a ground for dismissal of an action. A
misjoined cause of action may, on motion of a party or on Who are defendant?
the initiative of the court, be severed and proceeded with
separately. (n) 1. Original defending party
2. Defendant in the counterclaim (which may be the
Effects of misjoinder: original claiming party)
3. Cross-defendant
1. It is not a ground for dismissal of an action; 4. Third (fourt, etc)-party defendant

2. It may on motion of a party, or initiative of the court, be
severed and proceeded separately.
NOTE – it is not a ground for dismissal of an action!
Classification of parties in civil cases
1. Real parties in interest – Sec. 2, Rule 3.
2. Representative as parties – Sec. 3, Rule 3.
3. Indispensable parties, - Sec. 7 Rule 3.
4. Necessary parties – Sec. 8, Rule 3.
Section 2.Parties in interest. — A real party in interest is the
party who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of
the suit. Unless otherwise authorized by law or these Rules,
every action must be prosecuted or defended in the name of
the real party in interest. (2a)
Real party in interest - is the party who stands to be benefited
or injured by the judgment in the suit, or the party entitled to
the avails of the suit.
A case is dismissible for lack of personality to sue upon proof
that the plaintiff is not the real party in interest, hence a
ground for failure to state cause of action. Not lack of legal
capacity to sue (as distinguished from lack of personality to
sue).
Interest – as contemplated by the Rules, means material
interest or an interest in issue to be affected by the
judgment, as distinguished from mere interest in the question
involved or a mere incidental interest.
Stated differently, the rule refers to a real or present
substantial interest as distinguished from a mere expectancy,
or a future, contingent, subordinate, or consequential
interest.
The interest of the party must be direct and personal. The
party must show that he has sustained or is in immediate
danger of sustaining some direct injury, and not merely that
he is affected thereby in some indefinite way.
Theodore and Nancy Ang, as Represented by Eldrige Marvin
B. Ceronvs Spouses Alan and EmAng, GR.
186993,:AttyAceron is not a real party in interest in the case
as he does not stand to be benefited or injured by any
judgment therein. He was merely appointed by eh petitioners
as their attorney-in-fact for limited purpose of filing and
prosecuting the complaint against the respondent. Such
appointment, however, does not mean that he is subrogated
into the rights of the petitioners and ought to be considered
as real parties in interest.
Party referred to under Rule 45, original party.
The court has previously held that the party referred to in
Rule 45 is the original party in the main case aggrieved by the
order or decision. Hence, only the aggrieved original party in
the main case is the only proper party as petitioner. One who
has not been an original party in the main case has no
personality to file the petition under the said rule.
Real parties-in-interest in environmental cases.
Sec. 4, Para. II, of the Rules provide:
The following may file a civil action for the enforcement or
violation of environmental laws, as follows:
a. Any real party-in-niterest;
b. Government
c. Juridical entities authorized by law
Who may file citizen suit under Rules in Environmental cases
A citizen suit to enforce rights and obligations under
environmental laws may be filed by:
a. A Filipino citizen in representative of others;
b. Including minors or generations yet unborn
Parties in civil forfeiture
Sec. 2, Part II of the AM No. 05-11-04 provides:
The party who may initiate an action for civil forfeiture, asset
preservation, and freezing of monetary instrument, property,
or proceeds representing, involving, or relating to an unlawful
activity or money laundering offense, is:
a. The Republic of the Philippines, through the Anti-
Money Laundering Council, represented by the
Solicitor General.
Real party-in-interest in a derivative suit
In a derivative suit, the corporation is the real-party-in-
interest while the stockholder filing suit for the corporation’s
behalf is only a nominal party, the corporation should
therefore be included as a party in the suit.
Actions filed by or against a person who is not a real party-
in-interest is a ground for dismissal of the action under Sec.
1(g), Rule 16. – The pleading asserting the claim states no
cause of action. (Failure to state cause of action, NOT that
the plaintiff lack legal capacity to sue, nor the plaintiff HAS
NO CAUSE OF ACTION)
There is a motupropio dismissal in case the action was
prosecuted by not a real party-in-interest in cases of
Summary Procedure, Sec. 4 of the Rule.
Note – If no motion to dismiss has been filed or it is a
prohibited pleading under the Rules on Summary
Procedure, the ground of failure to state cause of action can
be raised in the answer as an affirmative defense.
Remedy of the plaintiff in case of dismissal for failure to
state cause of action:
1. It may be curable by amendment if made as a
matter of right, Sec. 3 Rule 16.
 2. Re-filing of the case – since the dismissal is
without prejudice, Basis – Sec. 5, Rule 16.
3. If tainted with grave abuse of discretion,
amounting to lack or excess of jurisdiction, petition
for certiorari under Rule 65, since it is an
interlocutory order and no appeal is allowed. (Added
by me)
Section 3.Representatives as parties. — Where the action is
allowed to be prosecuted and defended by a representative
or someone acting in a fiduciary capacity, the beneficiary
shall be included in the title of the case and shall be deemed
to be the real property in interest. A representative may be
a trustee of an expert trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules.
An agent acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without joining the
principal except when the contract involves things belonging
to the principal. (3a)
The rule:
Where the action is allowed to be prosecuted and defended
by a representative or someone acting in a fiduciary capacity,
the beneficiary shall be included in the title of the case and
shall be deemed to be the real property in interest.
Who may be representatives?
a. A trustee of an expert trust
b. Guardian
c. Executor or administrator
d. A party authorized by law or these Rules
e. An agent acting in his name, and for the
benefit of an undisclosed principal may sue
or be sued without joining the principal,
except when the contract involves things
belonging to the principal.
Representative party in Citizen’s suit
Sec. 5, Part II, of AM No. 09-06-08, provides that any Filipino
citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights
and obligations under environmental laws.
Section 4.Spouses as parties. — Husband and wife shall sue
or be sued jointly, except as provided by law. (4a)
Otherwise known as pro-forma parties.
The rule - Husband and wife shall sue or be sued jointly,
except as provided by law.
The exception as provided by law are as follows:
1. Action involving exclusive property of the spouses which
are as follows:
a. Property brought to marriage as his or her own
b. That which each acquires during the marriage by
gratuitous title
c. That which is acquired by right of redemption, by
barter or exchange with property belonging only to
one of the spouse
d. That which is purchased with exclusive money of the
wife or of the husband
Section 5.Minor or incompetent persons. — A minor or a
person alleged to be incompetent, may sue or be sued with
the assistance of his father, mother, guardian, or if he has
none, a guardian ad litem. (5a)
A minor or a person alleged to be incompetent, may sue or
be sued with the assistance of the following:
a. His father
b. Mother
c. Guardian
d. If has none, a guardian ad litem
Section 6.Permissive joinder of parties. — All persons in
whom or against whom any right to relief in respect to or
arising out of the same transaction or series of transactions
is alleged to exist, whether jointly, severally, or in the
alternative, may, except as otherwise provided in these
Rules, join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to all
such plaintiffs or to all such defendants may arise in the
action; but the court may make such orders as may be just
to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with any
proceedings in which he may have no interest. (6n)
All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of
transactions is alleged to exist, whether jointly, severally, or
in the alternative, may, except as otherwise provided in
these Rules, join as plaintiffs or be joined as defendants in
one complaint.
 where any question of law or fact common to all
such plaintiffs or to all such defendants may arise in
the action;
 but the court may make such orders as may be just
to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with
any proceedings in which he may have no interest.
Section 7.Compulsory joinder of indispensable parties. —
Parties in interest without whom no final determination can
be had of an action shall be joined either as plaintiffs or
defendants. (7)
Who is an indispensable party?
Parties in interest without whom no final determination can
be had on an action.
Joinder of indispensable party is compulsory
Settled is the rule that joinder of indispensable parties is
compulsory, being a sine qua non for the exercise of judicial
power, and it is precisely “when an indispensable party is not
before the court that action should be dismissed” for such
absence renders all subsequent actions of the court null and
void for want of authority to act, not only as to absent
parties, but those who are present.
Note – refusal to comply with the order of inclusion of an
indispensable or necessary party may be a ground for the
dismissal of the action.
As gleaned from the foregoing provisions, it is not the non-
joinder or misjoinder of party which automatically provokes a
court to dismiss the action. In fact, neither misjoinder nor
non-joinder of parties is a ground for dismissal of an action.
The basis of a possible dismissal of the action is the refusal
of a party to comply with the order of inclusion of an
indispensable or necessary party, in accordance with Sec. 3,
Rule 17.
Section 8.Necessary party. — A necessary party is one who
is not indispensable but who ought to be joined as a party if
complete relief is to be accorded as to those already parties,
or for a complete determination or settlement of the claim
subject of the action. (8a)
A necessary party is one who is not indispensable but who
ought to be joined as a party
a. if complete relief is to be accorded as to those
already parties, or
b. for a complete determination or settlement of the
claim subject of the action.
Section 9.Non-joinder of necessary parties to be pleaded. —
Whenever in any pleading in which a claim is asserted a
necessary party is not joined, the pleader shall set forth his
name, if known, and shall state why he is omitted. Should
the court find the reason for the omission unmeritorious, it
may order the inclusion of the omitted necessary party if
jurisdiction over his person may be obtained.
The failure to comply with the order for his inclusion,
without justifiable cause, shall be deemed a waiver of the
claim against such party.
The non-inclusion of a necessary party does not prevent the
court from proceeding in the action, and the judgment
rendered therein shall be without prejudice to the rights of
such necessary party. (8a, 9a)
Effects in case of non-joinder or misjoinder of necessary
parties:
A necessary party may be omitted in a pleading, but the
pleader shall “set forth his name, if known, and shall state
why he is omitted. Should the court find the reason for the
omission unmeritorious, it may order the inclusion of the
omitted party if jurisdiction over his person may be obtained.
On the contrary, if the court finds omission justifiable, or
even not justifiable but the jurisdiction over the person
cannot be obtained, then such omission will be allowed and
the proceedings shall continue despite the non-joinder.
Note – failure to comply with the order for his inclusion,
without justifiable cause, shall be deemed a waiver of the
claim against such party, if the court decides to continue the
proceeding. The court may likewise dismiss the complaint for
the failure of the plaintiff to comply with the order of the
court to add the necessary party.
Note – if it is indispensable party, and jurisdiction cannot be
had, or not included for justifiable reasons, the court shall not
continue the proceedings. (Added by me)
Section 10.Unwilling co-plaintiff. — If the consent of any
party who should be joined as plaintiff can not be obtained,
he may be made a defendant and the reason therefor shall
be stated in the complaint. (10)
If the consent of any party who should be joined as plaintiff
cannot be obtained,
 he may be made a defendant and the reason
therefor shall be stated in the complaint.
Section 11.Misjoinder and non-joinder of parties. — Neither
misjoinder nor non-joinder of parties is ground for dismissal
of an action. Parties may be dropped or added by order of
the court on motion of any party or on its own initiative at
any stage the action and on such terms as are just. Any
claim against a misjoined party may be severed and
proceeded with separately. (11a)
The effects of misjoinder or non-joinder of parties are:
a. It is not a ground for dismissal of an action
b. Parties may be dropped or added by order of the
court on motion of any party or its own initiative at
any stage of the action and on such terms are just;
c. Any claim against a misjoined party may be severed
or proceeded separately
Note – refusal to comply with the order of inclusion of an
indispensable or necessary party may be a ground for the
dismissal of the action.
As gleaned from the foregoing provisions, it is not the non-
joinder or misjoinder of party which automatically provokes a
court to dismiss the action. In fact, neither misjoinder nor
non-joinder of parties is a ground for dismissal of an action.
The basis of a possible dismissal of the action is the refusal
of a party to comply with the order of inclusion of an
indispensable or necessary party, in accordance with Sec. 3,
Rule 17.
The non-inclusion of names of all complainants in the title of
the complaint is not fatal
Class suit does not require commonality of interest in the
question involved in the suit. What is required by the rules
is a common or general interest in the subject matter of the
litigation.
Juana Complex I Homeowners, vsFil-Estate Land, GR. No.
152272, March 5, 2012 – The subject matter of the instant
case, i.e. the closure and excavation of the La Paz Road, is
initially shown to be common or general interest to many
persons. The records reveal that numerous individuals have
filed manifestations with the lower court, conveying their
intention to join private respondents in the suit and claiming
that they are similarly situated with the respondents for they
were also prejudiced by the acts of the petitioners in closing
and excavating the road.

The non-inclusion of one or some of the names of all the Class suit Derivative suit Citizen suit
complainants in the title of the complaint is not fatal to the Is filed regarding a Is a suit in equity An action filed by
case, provided there is a statement in the body of the controversy of a that is filed by a any Filipino citizen
complaint indicating that such complainant/s was/were common or minority in representation
made party to such action. For clarify, the complaint should general interest in shareholder in of others, including
have been amended to reflect in the title the individual behalf of many behalf of the minors and
complainants. There being a “defect in the designation of the persons so corporation to generations yet
parties” its correction shall be summarily made at any stage numerous that it is redress the unborn, for the
of the action provided no prejudice is caused thereby to the impracticable to wrongs enforcement of
adverse party. join all as parties, a committed rights and
number which the against it, for obligations under
court sufficiently which the environmental
representative directors refuse laws.
who may sue or to sue, the real
defend for the parties in the
benefit of all. interest is the
Section 12.Class suit. — When the subject matter of the
corporation
controversy is one of common or general interest to many
itself.
persons so numerous that it is impracticable to join all as
parties, a number of them which the court finds to be
sufficiently numerous and representative as to fully protect
the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to Section 13.Alternative defendants. — Where the plaintiff is
intervene to protect his individual interest. (12a) uncertain against who of several persons he is entitled to
relief, he may join any or all of them as defendants in the
Elements of a class suit alternative, although a right to relief against one may be
inconsistent with a right of relief against the other. (13a)
a. Subject matter of the controversy is one of common
or general interest to many persons Where the plaintiff is uncertain against who of several
b. The number of persons is so numerous that it is persons he is entitled to relief,
impracticable to join all as parties
c. The parties actually before the court are sufficiently  He may join any or all of them as defendants in the
numerous and representative as to fully protect the alternative, although a right to relief against one
interests of all concerned may be inconsistent with a right of relief against the
d. The representatives sue or defend for the benefit of other.
all

RE: in case of defamation – it is not a class suit. Newsweek vs

IAC, GR. No. L-63559 – We have here a case where each of Section 14.Unknown identity or name of defendant. —
the plaintiff has a separate and distinct reputation in the Whenever the identity or name of a defendant is unknown,
community. They do not have a common or general interest he may be sued as the unknown owner heir devisee, or by
in the subject matter of the controversy. such other designation as the case may require, when his
identity or true name is discovered, the pleading must be
amended accordingly. (14)
The rule in unknown defendant-
Whenever the identity or name of a defendant is unknown,
he may be sued as:
a. The unknown owner
b. Unknown heir
c. Unknown devisee
d. By such other designation as the case may require
 When his identity or true name is discovered, the
pleading must be amended accordingly.
Section 15.Entity without juridical personality as defendant.
— When two or more persons not organized as an entity
with juridical personality enter into a transaction, they may
be sued under the name by which they are generally or
commonly known.
In the answer of such defendant, the name and addresses of
the persons composing said entity must all be revealed.
(15a)
When two or more persons not organized as an entity with
juridical personality enter into a transaction,
 They may be sued under the name by which they are
generally or commonly known.
In the answer of such defendant,
 The name and addresses of the persons composing
said entity must all be revealed.
Section 16.Death of party; duty of counsel. — Whenever a
party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the
court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to
comply with his duty shall be a ground for disciplinary
action.
The heirs of the deceased may be allowed to be substituted
for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a
period of thirty (30) days from notice.
If no legal representative is named by the counsel for the
deceased party, or if the one so named shall fail to appear
within the specified period, the court may order the
opposing party, within a specified time to procure the
appointment of an executor or administrator for the estate
of the deceased and the latter shall immediately appear for
and on behalf of the deceased. The court charges in
procuring such appointment, if defrayed by the opposing
party, may be recovered as costs. (16a, 17a)
Whenever a party to a pending action dies, and the claim is
not thereby extinguished, it shall be the duty of his counsel
to:
1. Inform the court within thirty (30) days after such
death of the fact thereof,
2. To give the name and address of his legal
representative or representatives.
3. Failure of counsel to comply with his duty shall be a
ground for disciplinary action.
Actions of the court:
1. The heirs of the deceased may be allowed to be
substituted for the deceased, without requiring the
appointment of an executor or administrator and
the court may appoint a guardian ad litem for the
minor heirs.
2. The court shall forthwith order said legal
representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.
3. If no legal representative is named by the counsel for
the deceased party, or if the one so named shall fail
to appear within the specified period,
 the court may order the opposing party,
within a specified time to procure the
appointment of an executor or
administrator for the estate of the
deceased and the latter shall immediately
appear for and on behalf of the deceased.
The court charges in procuring such
appointment, if defrayed by the opposing
party, may be recovered as costs. (16a, 17a)
Note – It is the duty of the counsel of the deceased to
inform the court of the death of his client. The failure of the
counsel to comply with his duty under Sec. 16, will not
invalidate the proceedings and the judgment thereon if the
action survives the death of the party. The decision
rendered shall bind the party’s successors in interest.
Purpose of the rule – intended to protect the party’s right
due process. The estate of the deceased party will continue
to be properly represented in the suit, through duly
appointed legal representative.
Note – Duty of the court to order legal representatives to
appear arises only upon notice
The notation “Party-Deceased” on the unserved notices could
not be the proper notice contemplated by the rule. The trial
court could not be expected to know or take judicial notice of
a party without proper manifestation from the counsel, the
trial court as well within its jurisdiction to proceed as it did in
the case.
Note – Failure to substitute is not a sufficient ground to
nullify the court’s decision
Mere failure to substitute a deceased party is not sufficient
ground to nullify a trial court’s decision. The party alleging
nullity must prove that there was undeniable violation of due
process. Thus, the substitution of heir is not a matter of
jurisdiction but a matter of due process.
Section 17.Death or separation of a party who is a public
officer. — When a public officer is a party in an action in his
official capacity and during its pendency dies, resigns, or
otherwise ceases to hold office, the action may be
continued and maintained by or against his successor if,
within thirty (30) days after the successor takes office or
such time as may be granted by the court, it is satisfactorily
shown to the court by any party that there is a substantial
need for continuing or maintaining it and that the successor
adopts or continues or threatens to adopt or continue to
adopt or continue the action of his predecessor. Before a
substitution is made, the party or officer to be affected,
unless expressly assenting thereto, shall be given reasonable
notice of the application therefor and accorded an
opportunity to be heard. (18a)
When a public officer is a party in an action in his official
capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action may be:
a. Continued and maintained by or against his
successor if, within thirty (30) days after the
successor takes office or such time as may be
granted by the court, it is satisfactorily shown to the
court by any party that there is a substantial need
for continuing or maintaining it and that the
successor adopts or continues or threatens to
adopt or continue to adopt or continue the action
of his predecessor.
b. Before a substitution is made, the party or officer to
be affected, unless expressly assenting thereto, shall
be given reasonable notice of the application
therefor and accorded an opportunity to be heard
Section 18.Incompetency or incapacity. — If a party
becomes incompetent or incapacitated, the court, upon
motion with notice, may allow the action to be continued by
or against the incompetent or incapacitated person assisted
by his legal guardian or guardian ad litem. (19a)
If a party becomes incompetent or incapacitated, the court,
upon motion with notice,
 May allow the action to be continued by or against
the incompetent or incapacitated person assisted by
his legal guardian or guardian ad litem.
Section 19.Transfer of interest. — In case of any transfer of
interest, the action may be continued by or against the
original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted
in the action or joined with the original party. (20)
In case of any transfer of interest,
 the action may be continued by or against the
original party,
o unless the court upon motion directs the
person to whom the interest is transferred
to be substituted in the action or joined
with the original party
Section 20.Action and contractual money claims. — When
the action is for recovery of money arising from contract,
express or implied, and the defendant dies before entry of
final judgment in the court in which the action was pending
at the time of such death, it shall not be dismissed but shall
instead be allowed to continue until entry of final judgment.
A favorable judgment obtained by the plaintiff therein shall
be enforced in the manner especially provided in these
Rules for prosecuting claims against the estate of a
deceased person. (21a)
a. When the action is for recovery of money arising
from contract, express or implied, and
b. The defendant dies before entry of final judgment in
the court in which the action was pending at the
time of such death,
 It shall not be dismissed but shall instead be allowed
to continue until entry of final judgment. A
favorable judgment obtained by the plaintiff
therein shall be enforced in the manner especially
provided in these Rules for prosecuting claims
against the estate of a deceased person.
Actions which may be brought against the executor or
administrator (Kinda irrelevant for money claims that
survies, but I will add this still)
No action may be commenced against eh executor or
administrator upon a claim for:
a. The recovery of money
 b. Debt
c. Interest thereon
Except:
a. Actions to recover real property
b. Recovery of personal property or an interest therein,
from the estate, or to enforce alien thereon, and
c. Actions to recover damages for an injury to a person,
or property, real or personal may be commenced
against him.
An action for quieting of title with damages is an action
involving real property, hence, it is an action that survives.
How can a party claim against the estate based on a
favorable judgment in an action that survives?
Immediately after granting the letters testamentary or of
administration, the court shall issue notice requiring all
persons having money claims against the decedent to file
them in the office of the clerk of court.
Claims against the estate that must be filed:
a. All claims for money against the decedent arising
from contract, express or implied, whether the same
be due or not due, or contingent
b. All claims for funeral expenses
c. Expenses for lack sickness of the decedent
d. Judgment for money against the decedent, must be
filed within the time limited in the notice.
Effect if the claim is not filed within the period prescribed-
They are barred forever, except that they may be set forth as
a counterclaim in any action that the executor or
administrator may bring against the claimants.
Remedies of a debtor in a case an action is commenced by
deceased and prosecuted by the administrator-
1. Set forth by answer the claims he has against the
decedent, instead of presenting independently to
the court, as herein provided.
2. Mutual claims may be set off against each other in
such action
3. if final judgment is rendered in favor of the
defendant, the amount so determined shall be
considered the true balance against the estate, as
though the claim had been presented directly
before the court in administration proceedings; and
4. Claims not yet due, or contingent, may be approved
at their present value.
Remedy of a party in case of approval or disapproval of
claim, Rule 86, Sec. 13. –
a. File with record of administration proceedings with notice
to both parties, an appeal as in ordinary cases.
What does the judgment includes:
A judgment against the executor or administrator shall be as
follows:
a. That he pay, in due course of
administration, the amount ascertained to
be due, and
b. That it shall not create any lien upon the
property of the estate
c. It shall not give to the judgment creditor
any priority payment
Section 21.Indigent party. — A party may be authorized to
litigate his action, claim or defense as an indigent if the
court, upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property
sufficient and available for food, shelter and basic
necessities for himself and his family.
Such authority shall include an exemption from payment of
docket and other lawful fees, and of transcripts of
stenographic notes which the court may order to be
furnished him. The amount of the docket and other lawful
fees which the indigent was exempted from paying shall be
a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority
at any time before judgment is rendered by the trial court. If
the court should determine after hearing that the party
declared as an indigent is in fact a person with sufficient
income or property, the proper docket and other lawful fees
shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court,
execution shall issue or the payment thereof, without
prejudice to such other sanctions as the court may impose.
(22a)
Indigent party – is one who is allowed to litigate an action
who has no money or property sufficient and available for
food shelter, and basic necessities for himself and his family.
Requirements to be declared as indigent party-
A party may be authorized to litigate his action, claim or
defense as an indigent if the court allows subject to the
following requirements:
a. Upon an ex parte application and hearing,
b. The Court is satisfied that the party is one who has
no money or property sufficient and available for
 food, shelter and basic necessities for himself and his f. rules or regulations,
family.
The court, in its discretion, may require the appearance of
Effects of declaration of a party as indigent- the Solicitor General who may be heard in person or a
representative duly designated by him
If a party declared by the court as an indigent party the
authority shall include:

a. An exemption from payment of docket and other

lawful fees
b. Exemption from payment of transcripts of RULE 4
stenographic notes which the court may order to be
furnished him

Docket and other lawful fees as lien in case of favorable Venue – simply the place where the case is to be heard ad
judgment tried.

The amount of the docket and other lawful fees which the In civil actions, venue is merely a matter of procedural and
indigent was exempted from paying shall be a lien on any not substantive law, as it was only meant for convenience of
judgment rendered in the case favorable to the indigent, the parties.
unless the court otherwise provides.
Jurisdiction Venue
Remedy of the adverse party-
Is the authority to hear and A place where the case is to
determine a case be heard or tried
Any adverse party may contest the grant of such authority at Matter of substantive law Procedural law
any time before judgment is rendered by the trial court. Establishes relation between Establishes a relation
the court and subject matter between the plaintiff and the
Effect is the party has sufficient income- defendant
Fixed by law and cannot be May be conferred by the act
If the court should determine after hearing that the party conferred by the parties of the parties
declared as an indigent is in fact a person with sufficient The court may motupropio Cannot be motupropio
income or property, dismiss on the ground of lack dismiss, except in summary
of jurisdiction over subject procedure and small claims
 The proper docket and other lawful fees shall be matter cases
assessed and collected by the clerk of court. Cannot be waived May be waived and
 If payment is not made within the time fixed by the stipulated by the parties
court, execution shall issue or the payment thereof,
without prejudice to such other sanctions as the
court may impose
Section 1.Venue of real actions. — Actions affecting title to
Section 22.Notice to the Solicitor General. — In any action or possession of real property, or interest therein, shall be
involving the validity of any treaty, law, ordinance, commenced and tried in the proper court which has
executive order, presidential decree, rules or regulations, jurisdiction over the area wherein the real property
the court, in its discretion, may require the appearance of involved, or a portion thereof, is situated.
the Solicitor General who may be heard in person or a
representative duly designated by him. (23a) Forcible entry and detainer actions shall be commenced and
tried in the municipal trial court of the municipality or city
When the notice to solicitor general is required? wherein the real property involved, or a portion thereof, is
situated. (1[a], 2[a]a)
In any action involving the validity of any:
Real action - actions involving title to, ownership, possession
a. treaty, or any interest in real property.
b. law,
c. ordinance, If the real property is merely incidental to the issue, such as if
d. executive order, the action is to recover damages to real property, the same is
e. presidential decree, personal action.
Rule in venue of real actions:
1. Shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated.
2. Forcible entry and detainer actions shall be
commenced and tried in the municipal trial court of
the municipality or city wherein the real property
involved, or a portion thereof, is situated. (1[a],
2[a]a)
Action to annul sale and titles is an action in rem. Because it
is in effect conveying title to the plaintiff.
An action to annul a real estate mortgage foreclosure sale is
no different from an action to annul a private sale of real
property.
Section 2.Venue of personal actions. — All other actions
may be commenced and tried where the plaintiff or any of
the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a
non-resident defendant where he may be found, at the
election of the plaintiff. (2[b]a)
Personal action – An action which involves recovery of
personal property, enforcement of contracts, damages , and
other cases which does not involve privity of estate.
Rule on venue:
Personal actions may be commenced and tried:
a. Where the plaintiff or any of the principal plaintiffs
resides; or
b. Where the defendant or any of the principal
defendant resides
c. In case of a non-resident defendant, where he may
be found,
 at the election of the plaintiff
Note – plaintiff not resident of the Philippines, venue is
where the defendant resides, no election of the plaintiff.
In Cohen and Cohen vsBenguet Commercial Co., Ltd, the
Court held that there can be no election as to the venue of
the filing of the complaint when the plaintiff has no residence
in the Philippines. In such case, the complaint may only be
filed and tried in the court of place where the defendant
resides.
Personal action involving judicial persons – the residence is
to be construed as the place where principal place of business
is found.
Mixed action: Venue in case of annulment of sale and
recovery of the land – real action where the property is
located.
When the plaintiff joins two or more causes of action based
on the same act or occurrence, one of which is a real action.
For instance, an action to annul the sale of the land and to
recover the land. For the purposes of venue, an action is real
action and must be filed in the place where the property is
situated regardless of the residence of the parties. Emergency
Loan Pawnshop vs Court of Appeals, GR No. 129184, Feb. 28,
2010
Section 3.Venue of actions against nonresidents. — If any of
the defendants does not reside and is not found in the
Philippines, and the action affects the personal status of the
plaintiff, or any property of said defendant located in the
Philippines, the action may be commenced and tried in the
court of the place where the plaintiff resides, or where the
property or any portion thereof is situated or found. (2[c]a)
a. If any of the defendants does not reside and is not
found in the Philippines, and
b. the action affects the personal status of the plaintiff,
or any property of said defendant located in the
Philippines,
 The action may be commenced and tried in
the court of the place where the plaintiff
resides, or where the property or any
portion thereof is situated or found.
Section 4.When Rule not applicable. — This Rule shall not
apply.
(a) In those cases where a specific rule or law
provides otherwise; or
(b) Where the parties have validly agreed in writing
before the filing of the action on the exclusive
venue thereof. (3a, 5a)
Instances where rules in venue does not apply:
a. In those cases where a specific rule or law provides
otherwise; or
b. Where the parties have validly agreed in writing
before the filing of the action on the exclusive venue
thereof. (3a, 5a)
Sec. 4, of Rule 4 of the Revised Rules in Civil Procedure
allows the parties to agree and stipulate in writing, before
filing of an action, on the exclusive venue of any litigation
between them. Such an agreement would be invalid and
binding, provided that the stipulation on the chosen venue
is exclusive in nature or in intent thatis expressed in writing A formal and litigated motion – which must be in writing and
by the parties thereto, and that is entered before filing of requires notice to the adverse party and hearing.
the suit.
Section 1, Rule 12
Note that is the stipulation is not exclusive, the agreement
 When a party can apply for bill of particulars?
is merely additional option.
Before a responding to a pleading. Therefore, within the time
Venue in case of petition for civil forfeiture – required to file a responsive pleading and before a responsive
pleading is filed by him.
Property within the Philippines – Any regional trial court of
the judicial region where the monetary instrument, property, In a reply, it must be within 10 days from the service thereof.
or proceeds representing, involving or relating to an unlawful
activity, or to money laundering cases are located.  What should bill of particulars contain?
1. The defects complained of
Property outside the Philippines – Where all or any portion 2. Paragraphs wherein they are contain
of the monetary instrument, property, or proceeds is located 3. Details desired
outside the Philippines, petition may be filed in the Regional
Trial Court of Manila of the judicial region where any of Section 2, Rule 12.
portion of monetary instrument, property, or proceeds is
located, at the option of the petitioner. ?? Upon filing, the clerk of court must immediately bring it to
the attention of the court, in which the court may:
Important matters:
1. Deny
Improper venue is ag round for dismissal of the action under 2. Grant it outright
Rule 16 (c). 3. Allow the parties the opportunity to be heard

The court cannot motupropio dismiss the case based on the Section 3, Rule 12
improper venue, except on summary procedure and small
claims cases.  When to comply if the motion is granted? Maybe in
whole or in part
Remedy in case of dismissal based on improper venue: 1. Within 10 days from the notice of order
a. Refiling of the case, since the dismissal is without 2. Unless a different period if fixed by the court
prejudice, Sec. 5, Rule 16.
b. If no motion to dismiss is filed, raised the improper  How to file bill of particulars?
venue in the answer as way of affirmative defense.
And in the discretion of the court, a preliminary 1. By separate pleading
hearing may be had thereon as if the motion to 2. Amended pleading,
dismiss had been filed.
Serving a copy thereof on the adverse party
c. File a petition for review on certiorari if the
dismissal is tainted with grave abuse of discretion Section 4, Rule 12 –
amounting to lack or excess of jurisdiction.
What is the effect of non-compliance of insufficient
compliance?

Bill of Particulars 1. Order the striking out of the pleading

2. Order the striking the portions to which the order
Bill of Particulars – a more definite statement of fact and directed
material allegations in the pleadings. 3. Make such other order as it deemed just
Motion for bill of particulars – application before the court Sec. 5 Rule 13-
for a more definite statement of fact and material allegations
in the pleadings.  What is the effect of filing motion for bill of
particulars?
NOTE: Failure to allege fraud does not constitute ground for
dismissal because it can be cured in a bill of particulars The filing of the motion of bill of particulars stays the filling
 What is the nature of motion of bill of particulars? of the answer or responsive pleading.
  What is the effect of service of a more definite
statement or the denial of the motion?
The moving party may – file a responsive pleading within the
period to which he was entitled at the time of filing in his
motion, which shall not be less than 5 days in any event.
b. Prohibited in Summary Procedure – expressly
provided in Sec. 19, b.
c. Prohibited in Small Claim Cases – Sec. 14, b.
d. Prohibited in Environmental Cases – Rule 2, Sec. 2,
b.

Distinction between bill of particulars in civil cases and bill of

particulars in criminal cases Rule 116
Bill of particulars in Civil Bill of particulars in Criminal
Cases Rule 12
1. Must be filed before
responsive pleading,
1.
or 10 days in case of
reply
2.
2. Directed against the
pleading
3. The moving party
3.
may file his
responsive pleading
within the period he
is entitled to but in
no case less than
five days, unless the
denial is tainted
with grave abuse of
discretion, hence
Petition for
Certiorari is the
remedy.
Modes of Service, Pleadings, Motion, Judgment Orders and
Resolutions
Cases Rule 116
 What are the modes of service? See more on Sec. 5
Must be filed before a. Personal Service, Secs 3, 5, 6
arraignment b. Service by Mail Secs 3,5,7
Directed against the
c. Substituted Service, in case service cannot be
criminal complaint
affected either personally or by mail. Sec. 8
or information
The accused may
Section 1, Rule 13 – coverage
proceed with the
arraignment and Sec. 5 , Rule 13
enter his plea,
unless the denial is  What is the coverage of the rules on the filing and
tainted with grave service of pleading and other service?
abuse of discretion,
hence Petition for
1. Filing of all pleadings and other papers
Certiorari is the
2. Service of said pleadings and service
remedy.
3. Except those for which a different mode of service is
prescribed

These rules was laid down to insure the orderly conduct of

In what proceedings Bill of Particualrs is prohibited?
a. Prohibited in intra-corproate controversies
Bill of particulars is prohibited in Intra-Corporate
Controversies under Interim Rules of Procedure on Intra-
Corporate Controversies.
It is therefore essential for the complaint to show on its face
what are claimed to be fraudulent corporate acts if the
complainant wishes to invoke the court’s special jurisdiction.
Reason – fraud in intra-corporate controversies must be
based on “devises and schemes employed by, or any act, the
board of directors, business associates, officers or partners,
amounting to fraud o misrepresentation which may be
detrimental to the interest of public and/or of the stock
holders, partners, or members of any corporation
partnership, or association.
The act of fraud and misrepresentation complained in the
pleading of becomes a criterion in determining whether the
complaint on its fact has merits, or within the jurisdiction of
special commercial court, or merely a nuisance suit.
litigation and to protect the substantive rights of all litigants.
Section 2, Rule 13 – definitions
Filing – act of presenting the pleading or other paper to the
clerk of court
Service – act of providing a party with a copy of the pleading
or paper concerned
If a party is represented by a counsel, to whom service will be
made?
1. Upon his counsel or any of them (counsel), unless
service upon the party himself is ordered by the
court
2. Where on counsel appears for several parties, he
shall only be entitled to one copyof any paper served
upon him by the opposite side.
Therefore, a notice to a party is nullity. (TakvsMakasiar). This
applies even the counsel died before informing the party. This
is because it is the duty of the party to inform the court upon
the death of his counsel.
Rule: Notice to the client and hot to his counsel of record is
not a notice in law, therefore invalid.
Exception: When the court or tribunal orders service upon a
party or when the tribunal defendant waived.
Sec 3, Rule 13 – Manner of filing
 How the pleadings, orders, motion, etc to be filed?
By presenting the original copies thereof, plainly indicated as
such, personally to the clerk of court and the clerk of court
shall endorse on the pleading the date and hour of filing.
By sending them by registered mail, and the date of the
mailingof motions, pleadings, etc or payments or deposits, as
shown by the post office stamp on the envelope or the
registry receipt, shall be considered the date of their filing,
payment or deposit in court. The envelope shall be attached
to the records of the case.
It does not matter when the court actually receives the
mailed pleading. (Alama B. RusselvsTeofistaEbasan and
Agapito Austria. )
Sec. 4, Rule 13 – Papers required to be filed and served –
a. Judgment
b. Resolution
c. Order
d. Pleading Subsequent to the complaint therefore,
the complaint doesn’t need to be served.
e. Written motion
f. Notice
g. Appearance
h. Demand
i. Offer of judgment
j. Similar papers
Shall be field and served with the court upon the parties
affected.
Sec. 6, Rule 13 – Personal Service
How personal service is being done?
1. By delivering personally a copy to that party or his
counsel
2. By leaving it in his office in his clerk or with a person
having in charge thereof
3. If no person is found in his office, or his office is not
known, or he has no office, then by leaving the
copy, between the hours of eight in the morning
and six in the evening, at the party’s or counsel’s
residence if known, with a person of sufficient age
and discretion then residing therein.
Sec. 7, Rule 13 – Service by mail
If by registered mail, it shall be made by depositing the copy
in the office, in a sealed envelope plainly addressed to the
party of his counsel at his office, if known, otherwise at his
residence if known, with postage fully prepaid, and with
instructions that the postmaster to return the mail to the
sender after 10 days if undelivered.
 What is the rule if no registry service is available in
the locality of either the sender or addressee?
The service can be made in ordinary mail.
Sec. 8, Rule 13 –
 What is substituted service?
Service made if the pleadings, motions, notices, resolutions,
orders and other papers cannot be made under the two
preceding sections, the office and place of resident of the
party or his counsel being unknown.
 How then the substituted service be made in these
instances?
Delivering the copy to the clerk of court, with a proof of
failure both personal service and service by mail.
The service is complete at the time of such delivery.
NOTE: it is the duty of the counsel to inform the court of his
change of address. In the absence of proper and adequate
notice to the court of change of his address, the service of the
order or resolution of a court upon the parties must be made
at the last address of their counsel on record.
RE: Service to the counsel of record even though deceased is
valid.
It is the duty of the party-litigants to be in contact with their
counsel from time to time in order to be informed of the
progress of their case. It is likewise the duty of the parties to
inform the court of the fact of their counsel’s death. Their
failure to do so means they have been negligent in the
protection of their cause.
Section 9, Rule 13 – Service of judgment, final orders or
resolutions
 How is service of judgment, final orders, or
resolutions being made?
Either:
a. Personally
b. Registered Mail
c. When a party summoned by publication has failed to
appear in the action, judgments, final orders or
 resolutions against him shall be served upon him
also by publication at the expense of the prevailing
party.
NOTE: This rule does not permit the service of notice to file
an answer by publication. Service by publication is only
applicable in judgments, final orders, and resolutions when a
party summoned by publication failed to appear.
After service, a judgment or order which is not appealed nor
made subject of a motion for reconsideration within the
prescribed 15 day period attains finality.
Sec. 10, Rule 13 – Completeness of service
 When is service deemed complete?
a. Personal service – upon actual delivery
b. Ordinary mail – complete upon expiration of 10 day
after the mailing, unless the court provides
otherwise.
c. Registered mail – complete upon the actual receipt
by the addressee as shown by the registry return
card, or five (5) days from the date he received the
first notice of the post master, whichever date is
earlier (also known as constructive service).
Insofar as constructive notice is concerned, there must be
conclusive proof that a first notice was duly sent by the
postmaster to the addressee. NOTE: The presumption of
official duty is not applicable here.
The best evidence would be, certification from the
postmaster who should certify not only that the notice was
issued or sent but also as to how, when and to whom the
delivery and receipt was made. The mailman may also testify
that the notice was actually received.
Sec. 11, Rule 13 – Priorities in modes of service and filing
 What are the priorities in the service and filing?
1. Whenever practicable, the service and filing of
pleadings and other papers shall be done personally.
2. Except with respect to papers emanating from the
court, a resort to other modes must be accompanied
by a written explanation why the service or filing
was not done personally.
In sum,
Service and filing must be done personally.
If you sort to other modes, it must be accompanied with
written explanation why the service or filing was no done
personally.
Exception: Papers emanating from the court.
 What is the effect of non-compliance with the rule?
The court has the discretion to consider the paper not filed or
served. Therefore, rigid application of the rule may be relaxed
for the interest of substantial justice.
Sec. 12, Rule 13 – Proof of Filing.
How to prove the filing of the pleading?
Its existence in the record of the case.
If it is not in the record?
If claimed to have been filed personally, it shall be proved by
the written or stamped acknowledgement of its filing by the
clerk of court on a copy of the same.
If filed by a registered mail, by the registry receipt and by the
affidavit of the person who did the mailing, containing a full
statement of the date and place of depositing the mail in the
post office in a sealed envelope addressed to court, with fully
prepaid, and with instructions to the postmaster to return the
mail to the sender after ten days if not delivered.
RE: Between registry return card and written note, the
registry return card is given weight as to completeness of
the service. Reason – not only is the former considered as the
official record of the court, but also as such, it is presumed to
be accurate unless proven otherwise unlike a written note or
record of a part, which is often self serving and easily
fabricated.
Sec. 13, Rule 13 – Proof of Service –
What are the proofs for personal service?
1. Written admission of the party served,
2. Official return of the server
3. Affidavit of the party serving, containing a full
statement of date, place and manner of service.
What is the service is through ordinary mail?
It shall consist of an affidavit of the person mailing of the
facts showing compliance with Sec. 7 of this Rule.
What is service is made by registered mail?
Proof shall be made by such affidavit and registry receipt
issued by the mailing office. The registry return card shall be
filed immediately upon its receipt by the sender or in lieu
thereof the unclaimed letter together with the certified or
sworn copy of the notice given by the postmaster to the
addressee.
NOTE: Failure to attach the affidavit of the service is not fatal
– the registry receipt attached to the petition clearly shows
service to the other party.
Notice of lispendens
Sec. 14, Rule 13 – notice of Lispendens
In an action affecting the title or the right of possession of
real property and when affirmative relief is claimed.
What are the actions where lispendens is proper?
1. Action to recover possession of real estate
2. Action to quiet title thereto
3. Action to remove clouds thereon
4. Action for partition
5. Any other proceedings of any kind in Court directly
affecting the title of the land or the use or
occupation thereof or the buildings thereon.
 How is it made?
Plaintiff and defendant, when affirmative relief is claimed in
his answer may:
Record in the office of the registry of deeds of the province in
which the property is situated a notice of pendency of the
action.
 What the notice shall contain?
1. Names of the parties and the object of the action or
defense,
2. Description of the property in that province affected
thereby.
 What is the effect of the annotation of the notice of
lispendens? It will be a constructive notice of the
pendency of the action.
What is the rule in the annotation? Only from the time of the
filing of such notice for record shall a purchaser, or
ecunmbrancer or the property affected thereby, be deemed
to have constructive notice of the pendency of the action,
and only of its pendency against the parties designated by
their real names.
What are the grounds for the cancellation of notice of
lispendens?
Lispendens may be cancelled only upon the order of the
court, after proper showing that the notice is for:
1. Purpose of molesting the adverse party
2. It is not necessary to protect the rights of the party
who cause it be recorded.
When the lispendens deemed cancelled?
Only upon the registration of a certificate of the clerk of court
in which the action or proceeding was pending stating the
manner of the disposal thereof if there was a final judgment
in favor of the defendant or the action was disposed of
terminating finally all the rights of the platififf over the
property in litigation.
What are the dual effects of Lispendens?
To keep the property subject matter of the litigation within
the power of the court until the entry of the final judgment in
order to prevent the defeat of the final judgment by
successive alienations to bind a purchaser, bona fide or
otherwise, of the property subject of the litigation to the
judgment of the court will subsequently promulgate.
Procedure under Sec. 117, PD 1529
Section 117. Procedure. When the Register of Deeds is in
doubt with regard to the proper step to be taken or
memorandum to be made in pursuance of any deed,
mortgage or other instrument presented to him for
registration, or where any party in interest does not agree
with the action taken by the Register of Deeds with reference
to any such instrument, the question shall be submitted to
the Commissioner of Land Registration by the Register of
Deeds, or by the party in interest thru the Register of Deeds.
Where the instrument is denied registration, the Register of
Deeds shall notify the interested party in writing, setting forth
the defects of the instrument or legal grounds relied upon,
and advising him that if he is not agreeable to such ruling, he
may, without withdrawing the documents from the Registry,
elevate the matter by consulta within five days from receipt
of notice of the denial of registration to the Commissioner
of Land Registration.
The Register of Deeds shall make a memorandum of the
pending consulta on the certificate of title which shall be
canceled motuproprio by the Register of Deeds after final
resolution or decision thereof, or before resolution, if
withdrawn by petitioner.
The Commissioner of Land Registration, considering the
consulta and the records certified to him after notice to the
parties and hearing, shall enter an order prescribing the step
to be taken or memorandum to be made. His resolution or
ruling in consultas shall be conclusive and binding upon all
Registers of Deeds, provided, that the party in interest who
disagrees with the final resolution, ruling or order of the
Commissioner relative to consultas may appeal to the Court
of Appeals within the period and in manner provided in filing of the action before filing of
Republic Act No. 5434. in acourt but responsive pleading.
before finality of
What is the remedy in case of adverse decision of LRA? the judgment
CA under rule 43.

From CA, where to appeal?

Petition for review on certiorari under Rule 45 in case of

adverse decision of the Court of appeals on appeal from the
decision of the land registration authority.

Flowchart

Denial of Notice of LisPendens by the Registry of Deeds

Appeal to LRA En Counsultawithin 5 days from the receipt of

notice of denial

⇩
SUMMONS
Petition for Review with CA within 15 days under Rule 43
Define summons
⇩
Summons is a writ by which a defendant is notified of the
Motions for reconsideration within 15 days Rule 52
action brought against him or her. In civil action, service of
⇩ summons means by which the court acquires jurisdiction over
the person of defendant.
Petition for review on certiorari to SC within 15 days under
Rule 45. Any judgment without such service, in the absence of valid
waiver is null and void. This is so because the court does not
acquire jurisdiction over the person of the defendant.
LisPendensvsLitisPendentia
Knds of Summons
LisPendens LitisPedentia Original Summons – a writ issued by the clerk of the court
upon receipt of the complaint and the payment of the
 Available remedy  Means, pending suit, requisite docket and other lawful fees by which the
in case real and a ground for defendant is notified of the action brought against him and
property is subject dismissal of a civil
require him to file his responsive pleading within the period
of an action action where two
prescribed by the rules.
affecting title or actions are pending
right between same Alias Summons – a writ issued by the clerk of court when the
 The porpose of parties for the same original summons has been lost of not duly served without
lispendens is to cause of action.
the fault on the part of the plaintiff.
kept the property  Theporpuse of
subject matter litispedentia is a Summons vs Subpoena
within the power ground of dismissal of
of the court and to action Summons Subpoena
bind a purchaser,  If a motion to dismiss
 In case of denial of on ground of
notice of litispedentia, the
lispendens, the remedy is to file the
remedy is to answer within the
appeal within 5 remaining period but
days to LRA En in no case less than 5
Consulta. days.
 Can be filed after  Should be filed
 2. To notify the defendant that an action has been
a. A writ by which a a. A writ issued by the commenced so that he may be given the opportunity
defendant is judge by which a to be heard in the claim against him.
notified of the person is required
action brought to appear and Sec. 3, by whom served.
against him or her. testify before the
b. Two kinds, original court or in an  Who shall serve the summons?
and alias summons investigation or to
c. The purpose is to bring documents or Summons issued by the clerk of court may be served by:
acquire jurisdiction books to the court.
over the person of b. Two kinds, 1. The sheriff
the defendant or res ducestecum and ad 2. His deputy; or
d. Remedy is motion to testificandum 3. Other proper court officer; or
dismiss on the c. Purpose is to require 4. For justifiable reasons, by any suitable person
ground of lack of a person to appear authorized by the court issuing summons
jurisdiction and testify before
e. Issued upon the the court or an
receipt of the clerk investigation or to
of court of the bring documents or Sec. 4, Return
complaint with fees, books to the court.
or when original d. Remedy is motion to  What is the duty of the server after the service?
summons has not quash subpoena
been served w/o e. Issued during trial a. When the service has been completed, the server
fault of plaintiff shall, within 5 days therefrom shall have the duty to:
b. Serve a copy of the return, personally or by
Sec. 1, Rule 14 – Clerk to issue summons registered mail, to the plaintiff’s counsel and he shall
return the summons to the clerk who issued it,
 When summons can be issued? accompanied by proof of service.

Summons can be issued to the defendant by the clerk of Sec. 5, Issuance of alias summons –
court upon filing of the complaint and the payment of
requisite legal fees. When can he court issue alias summons?

Sec. 2, contents. An alias summons may be issued after the server has served a
copy of the return to the plaintiff’s counsel stating the
 What are the contents of summons? reason for the failure of service, on the following instances:

Summons shall be directed to the defendant, signed by the
clerk of court under seal and contain the following:
1. The name of the court and the names of the parties
to the action.
2. A direction that the defendant answer within the
time fixed by these rules.
3. A notice that unless the defendant so answers, the
plaintiff will take judgment by default and may be
granted the relief applied for,
4. A copy of the complaint and the order for
appointment of guardian ad litem, if any, shall be
attached to the original and each copy of the
summons.
 Two fold purpose of summons –
1. To acquire jurisdiction over the person of the
defendant
a. If a summon is returned without being served on any
or all of the defendants, or
b. If the summons has been lost.
SERVICE TO THE PERSON OF THE DEFENDANT
Sec. 6, Service in person on defendant
Whenever practicable, the summons shall be served upon the
person of the defendant by:
a. Handing a copy thereof to the defendant in person,
or
b. If he refuses to receive and sign for it, by tendering it
to him.
NOTE: The personal service of summon is the preferred
mode, provided he is in the PH. Reason – it ensures that he
notice desired under constitutional requirement of due
process is accomplished. Therefore, the personal service of
summons must be the first option before substituted service
in case of in personam and the defendant is in the PH.
The mode itself, and not just service of summon, is strictly
required.
SUBSTITUTED SERVICCE OF SUMMONS
Sec. 7, Substituted Service –
How can substituted service of summons be effected?
If, for justifiable causes, the defendant cannot be served
within a reasonable time as provided in the preceding
section, service may be effected by:
a. Leaving copies of the summons at the defendant’s
residence with some person of suitable age and
discretion then residing therein.
b. Leaving the copies at the defendant’s office or
regular place of business with some competent
person in charge thereof.
 When can a substituted service of summons be
resorted to?
Substituted service may be resorted to only when service of
summons within a reasonable time is impossible – impossible
prompt the service should appear in the return of service.
 What are the requisites for valid substituted service
of summons?
a. Impossibility of prompt personal service
Party relying on substituted service or the sheriff
must show that the defendant cannot be served
promptly or there is impossibility of prompt service
b. Specific details in the return
The sheriff must describe in the Return of Summons
the facts and circumstances surrounding the
attempted personal service
c. A person of a suitable age and discretion
The sheriff must determine if the person found in
the alleged dwelling or residence of the defendant is
of legal age,
d. Competent person in charge, who must have
sufficient knowledge to understand the obligation of
the defendant in summons, its importance, and the
prejudicial effects arising from inaction on summons.
Statutory requirements of substituted service of summons
must be strictly followed.
As a rule, if defendants not validly summoned, the court
acquires no jurisdiction and whole proceedings is null and
void.
Summon must be served personally on the defendant,
In case of domestic private juridical entities, the service must
be made upon the officer who is named in statute, and these
are President, Managing partner, general partner, corporate
secretary, treasurer, or in house counsel.
Other than these, the summon is ineffective.
RE: In charge of place of business
It is not necessary that the person be specifically authorized
to receive the summons, it is enough that he appears to be in
charge.
What is the presumption in case of substituted service of
summons? It presupposes that such a relation of confidence
exists between the person with whom the copy if left and the
defendant and, therefore, assumes that such person will
deliver the process to defendant or in some way give him
notice thereof.
When the strict application became liberal? If it would
clearly frustrate the spirit of the law as well as do injustice to
the parties who have been waiting for long years ( like 15
yrs?) for the resolution of the case.
 !important – What is the duty of the sheriff in case
personal service is not available?
Service in person of the defendant is the preferred mode of
service.
If the defendant refuses the service, the server should not
resort to substituted server. He must TENDER it to him.
Tendering is a part of the service in person.
If the defendant cannot be served in person within
reasonable time, only then may be substituted service under
Sec. 7 be availed of.
NOTE: The sheriff or server must first exert all efforts to
serve the defendant in person. If this effort fails, then
substituted service can be made. This effort must be stated
in the proof of service.
EXTRA-TERRITORIAL SERVICE OF SUMMONS/BY
PUBLCIATION
When extra-territorial service of summons be effected?
a. When the defendant does not reside or is not found
in the PH, or the action affects the personal status of
the plaintiff or relates to; or
b. The subject of which is, property within the PH, in
which the defendant has or claims a lien or interest,
 actual or contingent, or which the relief demanded
consists, wholly or in part, in excluding the
defendant from any interest therein; or
c. The property of the defendant has been attached
within the PH,
The service may, by leave of court, be effected out of the PH.
How can extra-territorial service of summons be done?
When persons associated in an entity without juridical
personality are sued under the name by which they are
generally or commonly know service may be effected upon:
a. All the defendants by serving upon any one of them;
or
b. Upon the person in charge of the office or place of
business maintained in such name.

a. By personal service as under Sec. 6
b. By publication in a newspaper of general circulation
in such places and for such time as the court may
order, in which case a copy of the summons and
order of court shall be sent by registered mail to the
last known address of the defendant.
c. In any other manner the court may deemed
sufficient.
 What is the effect of the service of summons to an
entity without juridical personality of a person is no
longer connected with it?
Such service shall not bind individually any person whose
connection with the entity has, upon due notice, been served
before the action was brought.
Sec. 9 – Service upon prisoners

 To whom the summons shall be served in case of

Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty [60] days after the notice, prisoners?
within which the defendant must answer.
Upon him by the officer having the management of such jail
NOTE:In in rem proceedings, the summon is through or institution who is deemed deputized as a special sheriff for
publication. It is the notice to the whole world that the the said purpose.
proceeding has for its object to bar indefinitely all who might
Sec. 10, Service upon minors and incompetents
be minded to make an objection of any sort to the right
sought to be established.

They are all deemed notified in the publication.  To whom summons shall be served in case of a
minor or incompetent?
RE: In case of a non-resident defendant and the case is action
in personam, the court cannot acquire jurisdiction. Unless,
the person voluntarily appears in court. But if it is in rem, then a. Upon him by personally and on his legal guardian if
the jurisdiction over the person of defendant is not required, he has one,
and publication validated the proceedings. b. If none, upon his guardian ad litem whose
appointment shall be applied for by the plaintiff
If the defendant is a PH resident, service of summons may,
c. In the case of a minor, service may also be made on
by leave of court, be effected out of Philippines( Rule 14,
his father or mother
Sec. 15). NOTE: here, the defendant must be a citizen of the
Philippines otherwise, the PH court cannot acquire Sec. 11, Service upon domestic private juridical entity –
jurisdiction.
To whom summons shall be served in case of a domestic
RE: Failure to comply with mail and publication is a fatal private judicial entity?
defect.
When defendant is a corporation, partnership, or association
Failure to strictly comply correctly with the requirements of organized under laws of PH with juridicial personality, service
the rules regarding the e-mailing of copies of summons and may be made on the following:
the order of its publication is a fatal defect in the service of
summons. a. President
b. Managing partner
TO WHOM SUMMONS SHALL BE SERVED Sec. 8-16
c. General partner
Sec. 8, Service upon entity without juridical personality d. Corporate secretary
e. Treasurer
 To whom the summons shall be served in case of an f. In-house counsel
entity without juridical personality?
Otherwise, the service is insufficient.
The enumerations are exclusive.
 !important – What is the remedy of the plaintiff in
case of summons cannot be made to officers of the
corporation in action in personam?
The remedy of the plaintiff in case of failure to serve the
summons to the officers of a domestic corporation in an
action in personam is to amend his complaint and asked for
the issuance of writ of preliminary attachment thereby
converting the action into an action quasi in rem where
service of summons by publication is allowed in order to
action jurisdiction over the res and the acquisition of
jurisdiction is merely for observance of due process.
Basis – rule 57, Sec. 1 (f) – in action against a party who does
not reside and is not found in the Philippines, or on whom
may be served by publication.
Sec. 12, Service upon foreign private juridical entity –
To whom summons shall be served in case of foreign private
juridical entity?
If defendant is a foreign private juridical entity and transacted
business in the PH, service may be made on:
1. Its resident agent designated in accordance with the
law for that purpose
2. If there is none, on the government official
designated by law to that effect
3. On any of its officers and agents within the PH.
RE: New Rules on Service of Summons on Foreign Juridical
Entities (AM No. 11-3-6, March 15, 2011) –
If the foreign private judicial entity is not registered in the PH
or has no resident agent, service may, with leave of court, be
effected out of the PH through any of the following means:
1. By personal service – coursed through court in the
foreign country with the assistance of DFA
2. By publication – once in a newspaper of general
circulation in the country where the defendant may
be found and by serving a copy of the summons and
the court order by registered mail at the last known
address of the defendant
3. By facsimile or any recognized electronic means –
that could generate proof of service.
NOTE: With respect to foreign corp, and when a foreign
corphas designated a person to receive summons in its
behalf pursuant to the corporation code, that designation is
exclusive and service of summons on any other person is
inefficacious.
Sec. 13, Rule 14 – Service of summons upon public
corporations –
To whom summons shall be served in case of public
corporations?
When the defendant is Republic of the Philippines, service
may be upon:
1. Solicitor General, in case of province , city or
municipality
2. Like public corporations, services may be effected on
its
a. Executive head,
b. Or on such other officer or officers as the
law or the court may direct.
Sec. 14 – Service upon defendant whose identity or
whereabouts are unknown –
 How can the summons be served in case
defendant’s identity or whereabouts are unknown?
a. In action where defendant is designated as unknown
owner, or
b. Whenever his whereabouts are unknown and cannot
be ascertained by diligent inquiry,
Service may, by the leave of court, be affected upon him
by:
a. Publication in a newspaper of general circulation and
in such places and for such time as the court may
order.
Can it be allowed in case of action in personam? Yes.
Because sec. 14 says “in any action”. Therefore, service of
summons by pucliation is allowed in an action in personam if
the defendant’s whereabouts is unknown.
Sec. 16, Residents temporarily out of the Philippines –
Who are these? – Defendant who ordinarily resides within
the PH but who is temporarily out of it.
How summons made? – with leave of court, be effected out
of the Philippines as in the previous section (sec. 15),
publication.
Sec. 17 – how leave of court is applied.
 How can a party ask for the leave of court regarding
service of summons?
It must be:
1. Motion in writing
 2. Supported by affidavit of the plaintiff or some
person on his behalf, setting forth the grounds for
application.
PROOF OF SERVICE
Sec. 18, proof of service
It must be in writing.
 What are the contents of the proof of service of
summons?
1. Manner, place and the date of service
2. Specify any papers which have been served with the
process
3. Name of the person who received the same
4. It shall be sworn to when made by a person other
than the sheriff or his deputy
Sec. 19, Proof of service by publication
 How to prove the service of summons by
publication?
1. Affidavit of the printer, his foreman or principal
clerk or of the editor, business or advertising
manager, to which affidavit a copy of the
publications shall be attached,
2. By an affidavit showing the deposit of a copy of the
summons and order for publication in the post
office, postage, prepaid, directed to the defendant
by registered mail to his last known address.
VOLUNTARY APPEARANCE
Sec. 20, voluntary appearance
NOTE:
The voluntary appearance of the defendant is equivalent to
service of summons.
Voluntary appearance is a waiver of the necessity of formal
notice.
The inclusion in a motion to dismiss of other grounds aside
from lack of jurisdiction over the person of the defendant
shall not be deemed a voluntary appearance.
 Exception to the voluntary submission to the
jurisdiction of the court?
Special appearance, Such that party who make special
appearance to challenge among others, the court’s
jurisdiction over his person.
Therefore,
1. When the defendant objects precisely to the
jurisdiction of the court, it cannot be considered a
voluntary appearance.
2. When a party makes a appearance in court based on
the ground of invalid service, it is not deemed to be
voluntary appearance.
In motion to dismiss, objections to the jurisdiction of the
court over the jurisdiction of the defendant must be explicitly
made, failure to do so constitutes voluntary submission to
the jurisdiction of the court, especially in the instances
where a pleading or motion seeking affirmative relief if filed
and submitted to the court for resolution.
NOTES:
Filing of opposition amounts to voluntary appearance –
considering that the defendant has participated in the
proceedings and he has given the opportunity to file his
opposition to the petition.
Filing a motion to set aside the order of the default and
motion to admit answer is tantamount to submission to the
authority of the court – b/c the pleader seeks affirmative
relief.
Filing a motion to dismiss assailing the jurisdiction of the
court over his person is not equivalent to voluntary
appearance.
NOTE: If there is no valid service of summons, a motion to
dismiss can be filed on the ground of lack of jurisdiction over
the person of the defending party.
SUMMARY PROCEEDINGS
There is an outright dismissal is there is no valid service of
summons under summary procedure, sec. 4, the ground is
“lack of jurisdiction over the person of the defendant”.
Dismissal is without prejudice because not a judgment on
merits.
If dismissed, what is the remedy of the plaintiff?
Re-filing of the case.
What is remedy in case no motion to dismiss is filed?
1. The grounds may be pleaded as an affirmative
defense in the answer. Rule 16, Sec. 6.
2. In the discretion of the court, a preliminary hearing
may be had thereon as if motion to dismiss had been
filed.
When service of summons is required in case of amended
pleading?
 1. As a rule, no need for new service of summons.
2. But, if the defendant who has not yet appeared
either via summon or voluntary appearance, he must
be served with summons.
SMALL CLAIMS
 What are the courses of action of the court is there
is no ground for dismissal of the action?
1. Issue summons (Form 2-SCC) on the day of the
receipt of Satement of Claim, directing the
defendant to submit a verified response.
2. The court shall also issue a Notice (Form 4-SCC) o
both parties, directing them to appear before it on a
specific date and time for hearing,with a warning
that no unjustified postponement shall be allowed.
 What must accompany the service of summons and
notice
1. A copy of the Statement of Claim and documents
submitted by the plaintiff,
2. A copy of the response (Form 3-SCC) to be
accomplished by the defendant.
The notice shall contain an express prohibition against the
filing of a motion to dismiss or any other motion and
pleadings under Sec. 14 of the rule.
ENVIRONMENTAL CASES
Section 13. Service of summons, orders and other court
processes. –
The summons, orders and other court processes may be
served by the
a. sheriff,
b. his deputy or
c. other proper court officer or f
d. or justifiable reasons, by the counsel or
representative of the plaintiff or any suitable person
authorized or deputized by the court issuing the
summons.
Any private person who is authorized or deputized by the
court to serve summons, orders and other court processes
shall for that purpose be considered an officer of the court.
The summons shall be served on the defendant, together
with a copy of an order informing all parties that they have
fifteen (15) days from the filing of an answer, within which to
avail of interrogatories to parties under Rule 25 of the Rules
of Court and request for admission by adverse party under
Rule 26, or at their discretion, make use of depositions under
Rule 23 or other measures under Rules 27 and 28.
Should personal and substituted service fail, summons by
publication shall be allowed.In the case of juridical entities,
summons by publication shall be done by indicating the
names of the officers or their duly authorized
representatives.
SUMMONS IN QUASI-JUDICIAL PROCEEDINGS
The strict compliance for summons is not required,
substantial procedure is sufficient.
SUMMONS IN ABSOLUTE NULLITY OF VOID MARRIAGE AND
ANNULMENT OF VOIDABLE MARRIAGE
Section 6.Summons. - The service of summons shall be
governed by Rule 14 of the Rules of Court and by the
following rules:
1. Where the respondent cannot be located at his given
address or his whereabouts are unknown and cannot be
ascertained by diligent inquiry:
Publication, Service of summons may, by leave of
court, be effected upon him by publication once a
week for two consecutive weeks in a newspaper of
general circulation in the Philippines and in such
places as the court may order.
Mailing, In addition, a copy of the summons shall be
served on the respondent at his last known address
by registered mail or any other means the court may
deem sufficient.
2. The summons to be published shall be contained in an
order of the court with the following data:
(a) title of the case;
(b) docket number;
(c) nature of the petition;
(d) principal grounds of the petition and the reliefs
prayed for; and
(e) a directive for the respondent to answer within
thirty days from the last issue of publication.

SUMMONS IN LEGAL SEPARATION
Sec. 3. Summons. - The service of summons shall be
governed by Rule 14 of the Rules of Court and by the
following rules:
(a) Where the respondent cannot be located at his given
address or his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service of summons may, by
leave of court, be effected upon him by publication once a
week for two consecutive weeks in a newspaper of general
circulation in the Philippines and in such place as the court
may order. In addition, a copy of the summons shall be
served on respondent at his last known address by
registered mail or by any other means the court may deem
sufficient.
(b) The summons to be published shall be contained in an
order of the court with the following data; (1) title of the
case; (2) docket number; (3) nature of the petition; (4)
principal grounds of the petition and the reliefs prayed for,
and (5) a directive for respondent to answer within thirty
days from the last issue of publication.
SERVICE OF NOTICES UNDER RULES OF PROCEDURE IN CIVIL
FORFEITURE, ASSET PRESERVATION, AND FREEING OF
MONETARY INSTRUMENT, PROPERTY OR PROCEEDS
REPRESENTING, INVOKING, OR RELATINTO AN UNLAWFUL
ACTIVITY OR MONEY LAUNDERING OFFENSE UNDER RA.
9160
Sec. 8. Notice and manner of service. -
(a) The respondent shall be given notice of the petition in the
same manner as service of summons under Rule 14 of the
Rules of Court and the following rules:
1. The notice shall be served on respondent
personally, or by any other means
prescribed in Rule 14 of the Rules of Court;
2. The notice shall contain: (i) the title of the
case; (ii) the docket number; (iii) the cause
of action; and (iv) the relief prayed for; and
3. The notice shall likewise contain a proviso
that, if no comment or opposition is filed
within the reglementary period, the court
shall hear the case ex parte and render such
judgment as may be warranted by the facts
alleged in the petition and its supporting
evidence.
(b) Where the respondent is designated as an unknown
owner or whenever his whereabouts are unknown and
cannot be ascertained by diligent inquiry, service may, by
leave of court, be effected upon him by publication of the
notice of the petition in a newspaper of general circulation
in such places and for such time as the court may order.
In the event that the cost of publication exceeds the value or
amount of the property to be forfeited by ten percent,
publication shall not be required.
WHAT ARE THE REMEDIES AFTER SERVICE OF SUMMONS
AND BEFORE FILING OF A RESPONSIVE PLEADING?
After service of summons in accordance with the Rule 14,
parties to a civil action may avail of the following remedies
under the pertinent provisions of Rules of Court, as follow:
a. Amendment of the pleadings
b. Motion for extension of time to file pleading
c. Motion for Bill of Particulars
d. Motion to Dismiss
e. Dismissal by the plaintiff
f. Intervention
g. Modes of Discoveriess
h. Summary Judgment
Motions in General, Rule 15
What is motion?
It is an application for a relief other than by a pleading, sec. 1
Rule 15..
Under small claims, sec 3, motion means a party’s request,
written or oral to the court for an order or other action. It
shall include an informal request to the court such as letter.
 What are the kinds of motion?
Motion ex-parte – motion made without the presence or a
notification to other party because the question generally
presented is not debatable.
Ex. Motion to set the case for pre-trial conference, motion for
extension of time to file pleadings.
Motion of course – Motion where the movant is entitled to
the relief sought as a matter of discretion on the part of
court.
Litigated Motion – motion which is made with notice to
adverse party to give opportunity to oppose, like motion to
dismiss.
Non-litigated motion – motion where notice to the adverse
party and hearing is not required.
Special Motion – motion which is addressed to sound
discretion of court.
Oral Motion – motion which is made in open court. admissions in pre- and counsel.
trial need not be  In case of non-
Written motion – formally placed in writing.
signed by the parties appareance,
asda and their counsel. It sanctions are
is implied. imposed against the
PRE-TRIAL CONFERENCE, Rule 18  In case of non- counsel of accused
appearance of and prosecutor
Define – A procedural device used prior to trial to narrow plaintiff, it will cause
issues to be tried, and to secure stipulations as to matters dismissal with
and evidence to be heard, and to take all other steps
prejudice, if it is the
necessary to and in the disposition of the case.
defendant, there
will be ex-parte
Section 1. When conducted. — After the last pleading has
presentation of
been served and filed, if shall be the duty of the plaintiff to
promptly move ex parte that the case be set for pre-trial (5a, evidence.
R20)

When to Conduct? After the last pleading has been served

What are nature and purpose of pre-trial? Sec. 2, Rule 18.
and filed. It shall be the duty of the plaintiff to promptly move
ex parte that the case be set on pre-trial. Sec. 1, Rule 18.
Section 2.Nature and purpose. — The pre-trial is
mandatory. The court shall consider:
What is that last pleading? It is the reply to an answer.
a. The possibility of an amicable settlement or of a
 In the same sense, expiration of the period to file the
submission to alternative modes of dispute
last pleading without it having been served and filed
resolution;
is sufficient.
b. The simplification of the issues;
 If the last pleading is motion to dismiss, the court
c. The necessity or desirability of amendments to the
shall acted first on motion to dismiss then wait for
pleadings;
the motion of pre-trial.
d. The possibility of obtaining stipulations or
 Lack of pre-trial must be objected, or otherwise it
admissions of facts and of documents to avoid
will be deemed waived. Exception – substantial
unnecessary proof;
justice.
e. The limitation of the number of witnesses;
When to conduct pre-trial? It must be set on first available
date immediately following the tenth day after the filing of
the answer.
f. The advisability of a preliminary reference of issues
to a commissioner;
Pre-trial in civil vs criminal cases.
g. The propriety of rendering judgment on the
pleadings, or summary judgment, or of dismissing
Civil Pre-Trial Criminal Pre-Trial the action should a valid ground therefor be found
to exist;
 The court orders h. The advisability or necessity of suspending the
 The plaintiff move pre-trial, no motion proceedings; and
ex parte to set the is required i. Such other matters as may aid in the prompt
case for pre-trial  Filed 30 days after disposition of the action. (1a, R20)
 Filed after the last the court acquired
pleading have been jurisdiction Court annexed mediation (CAM) is a part of pre-trial and
served and filed  No possibility of now mandatory. Once agreed, it will be submitted to the
 There is a possibility amicable settlement court’s approval. Mediators are accredited and trained from
of amicable  Agreements and Philippine Mediation Center.
settlement admissions must be
Cases that are mediatable-
 Agreements and signed by the parties
 1. All civil cases The order shall include the following:
2. Settlement of Estate
3. Cases coginizable by Lupon Tagapamayapa 1. Referral to the PMC for mandatory mediation
4. Cases governed by Summary Procedure proceedings covered by the rule
5. Civil aspect of criminal negligence under RPC 2. Setting for judicial dispute resolution
6. Family law issues, such as support, custody, 3. Preliminary conference before the Branch Clerk of
visitation, guardianship and property matters Court. Pre-trial proper before the court must take
7. Civil aspect of BP22, simple theft, libel and estafa. place only after all the forgoing shall have been
completed.
Matters cannot be compromised –
Motions that shall be filed before the scheduled pre-trial,
1. Civil status of persons otherwise they are barred (in QC):
2. Validity of marriage
3. Legal separation 1. Summary judgment and judgment on pleadings
4. Grounds for legal separation 2. Amendments to pleadings, including dropping and
5. Future support adding of parties
6. Legitime 3. Suspension of proceedings
7. Jurisdiction 4. Dismissal under rule 16, lack of jurisdiction over
subject matter
Lawyers are allowed to attend in mediation and their role is
that of an adviser, consultant or free legal aid counselor for The court must resolve the motions not later than 30 days
indigent litigants. after submissions. Pre-trial shall only be revolved after such
resolution.
RE: ADR act
Section 4.Appearance of parties. — It shall be the duty of the
Sec. 24 states that RTC does not have jurisdiction over parties and their counsel to appear at the pre-trial. The non-
disputes that are properly subject of arbitration pursuant to appearance of a party may be excused only if a valid cause is
arbitration clause, and mandates the referral to arbitration. shown therefor or if a representative shall appear in his
behalf fully authorized in writing to enter into an amicable
RE: Uncitral Law settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of
Sec. 35 states that foreign arbitral awards must be confirmed facts and of documents. (n)
by the RTC to be encforceable.
How can a party be excused from appearing in the pre-trial
NOTE: Parties are bound by delimitation of issues during the
pre trial because they themselves agreed to the same. 1. Valid cause is shown therefore,
Munasquevs CA 2. If a representative shall appear in his behalf, he shall
be fully authorized in writing to:
Section 3.Notice of pre-trial. — The notice of pre-trial shall a. Enter amicable settlement
be served on counsel, or on the party who has no counsel.
b. Submit to alternative modes of dispute
The counsel served with such notice is charged with the duty
resolution
of notifying the party represented by him. (n)
c. Enter into stipulation or admissions of facts and
documents.
Notice of pre-trial conference, Sec. 3 Rule 18

1. The notice shall be served on counsel
2. Or to the party is he has no counsel
The counsel is then charged with eth duty of notifying the
party represented by him.
Pre-trial pursuant to AM No. 11-6-10-SC, Guidelines for
litigation in QC Trial Courts. –
Section 5.Effect of failure to appear. — The failure of the
plaintiff to appear when so required pursuant to the next
preceding section shall be cause for dismissal of the action.
The dismissal shall be with prejudice, unless other-wise
ordered by the court. A similar failure on the part of the
defendant shall be cause to allow the plaintiff to present his
evidence ex parte and the court to render judgment on the
basis thereof. (2a, R20)
Effects of failure to appear in pre-trial
If plaintiff fails to appear,
1. HE will be declared non-suited
2. It will cause dismissal of the action,
a. with prejudice,
b. unless provided by the court.
NOTE:
The dismissal is without prejudice to the counter claim raised
by the defendant which can be prosecuted in another case.
Since the dismissal is with prejudice and it has adjudication
on merits, the remedy is appeal. If the court provided that it
shall be not with prejudice, then certiorari is the remedy.
If defendant fails to appear,
1. Allow the plaintiff to present evidence ex- parte
2. Allow the court render judgment on basis thereof, in
this case, there is no limitation on extend of award
or relief prayed.
NOTE, possible remedy for the defendant-
a. Before judgment – since it is interlocutory order,
certiorari under R 65
b. After judgment but before finality – MR or New
Trial based on FAME, if denied, appeal on the
judgment, unless tainted with GAD then certiorari is
available.
c. After finality of judgment – Petition for relief of
judgment, Rule 38, Motion for annulment of
judgment if the MR or NT is not available, petition
for certiorari, collateral attack.
Who may receive ex parte evidence? To the clerk of court
who is a member of the bar.
NOTE: Clerk of court cannot demand commissioner’s fee.
Also, to be entitled of commissioner’s fee, he must not be an
employee of the court. Manual of Clerks of Court.
Section 6.Pre-trial brief. — The parties shall file with the
court and serve on the adverse party, in such manner as shall
ensure their receipt thereof at least three (3) days before the
date of the pre-trial, their respective pre-trial briefs which
shall contain, among others:
(a) A statement of their willingness to enter into
amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof;
(b) A summary of admitted facts and proposed
stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented
stating the purpose thereof;
(e) A manifestation of their having availed or their
intention to avail themselves of discovery procedures or
referral to commissioners; and
(f) The number and names of the witnesses, and the
substance of their respective testimonies.
Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial. (n)
When filed? In such manner as to insure their receipt at least
3 days before the date of pre-trial.
What does it contain?
(a) A statement of their willingness to enter into amicable
settlement or alternative modes of dispute resolution,
indicating the desired terms thereof;
(b) A summary of admitted facts and proposed stipulation of
facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented stating the
purpose thereof;
(e) A manifestation of their having availed or their intention
to avail themselves of discovery procedures or referral to
commissioners; and
(f) The number and names of the witnesses, and the
substance of their respective testimonies.
What is the effect of non-filing? Same effect of failure to
appear. Therefore, a plaintiff may be declared non-suited and
the case be dismissed with prejudice. In case of defendant,
there will be an ex parte presentation of evidence and
judgment will be rendered based on the same.
RE: Judicial affidavit rule – AM 12-8-8-SC
Sec. 2 states that parties shall file with the court and serve on
adverse party personally or licensed courier service, not later
than five days before pretrial or preliminary conference or
the scheduled hearing with respect to motion and incidents
following.
Section 7. Record of pre-trial. — The proceedings in the pre-
trial shall be recorded. Upon the termination thereof, the
court shall issue an order which shall recite in detail the
matters taken up in the conference, the action taken thereon,
the amendments allowed to the pleadings, and the
agreements or admissions made by the parties as to any of
the matters considered. Should the action proceed to trial,
the order shall, explicitly define and limit the issues to be
tried. The contents of the order shall control the subsequent
course of the action, unless modified before trial to prevent
manifest injustice. (5a, R20)
Contents of records of pre-trial
1. Recite in detail the matters taken up
2. Action taken
3. Amendments allowed to the pleadings
4. Agreements or admissions made by the parties as to
any of the matters considered.
5. Should the action proceed to trial, the order shall,
explicitly define and limit the issues to be tried.
6. The contents of the order shall control the
subsequent course of the action, unless modified
before trial to prevent manifest injustice
May pre-trial order be amended or modified?
Yes. The contents or order shall control the subsequent
course of action, unless modified before tiral to prevent
manifest of justice.
Pre-trial in envi-proceedings, skipped.
PRELIMINARY CONFERENCE UNDER THE RULES OF
SUMMARY PROCEDURE
When to conduct? 30 days after the last answer is filed.
Same rule in ordinary cases apply unless they are inconsistent
with the rule on summary proceedings.
What are the effects of failure to appear on part of the
plaintiff?
1. Dismissal of the complaint
2. Defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his
counterclaim.
3. All cross claims shall be dismissed.
If it is sole defendant who fails to appear?
The plaintiff shall be entitled to the judgment.
 The rule does not apply where one of the two or
more defendants sued under a common cause of
action who had pleaded a common defense shall
appear the preliminary conference.
Record of preliminary conference; appearance –
Sec. 8. Record of preliminary conference. —
Within five (5) days after the termination of the preliminary
conference, the court shall issue an order stating the matters
taken up therein, including but not limited to:
(a) Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by
the parties;.
(c) Whether, on the basis of the pleadings and the
stipulations and admissions made by the parties,
judgment may be rendered without the need of
further proceedings, in which event the judgment
shall be rendered within thirty (30) days from
issuance of the order;
(d) A clear specification of material facts which
remain controverted; and
(e) Such other matters intended to expedite the
disposition of the case
Sec. 9. Submission of affidavits and position papers. —
Within ten (10) days from receipt of the order mentioned in
the next preceding section, the parties shall submit the
affidavits of their witnesses and other evidence on the factual
issues defined in the order, together with their position
papers setting forth the law and the facts relied upon by
them.
Trial, Rule 30
Definition – judicial process of investigating and determining
legal controversies, starting with the production of evidence
by the plaintiff and ending with his closing arguments. Acosta
vs People
Nature of Trial –
It is adversarial in character, and which requires presentation
of evidence and witnesses before the court.
Constitutional right to speedy trial, Sec. 16 Art. III 1987
Constitution
It extends to call cases.
Factors to determine delay:
1. Duration of the delay
2. Reason thereof
3. Assertion of the right or failure to assert it
4. Prejudice caused by such delay
Trial vs Hearing
Hearing is more broader in scope as it include pre-trial
conference, hearing on motion and trial, while trial is limited
only to presentation of evidence and witnesses before the
court.
General rule – Trial is necessary to secure a judgment.
Exceptions –
1. Cases falling under Summary Procedure in Civil
cases
2. Parties entered into amicable settlement or
compromise of their claims
3. Dismissal of action on Rule 16
4. Dismissal based on Sec 3, Rule 17
5. Dismissal of action for failure to appear during pre-
trial conference, Rule 18
6. Judgment of pleadings under Rule 34
7. Summary judgment on Rule 35
8. Amicable settlement during mediation before
Philippine Mediation Center
9. Amicable settlement during JDR
10. Amicable settlement by virtue of ADR
11. When the parties to any action agree, in writing,
upon the facts involved in the litigation and submit
the case for judgment based on the facts
agreement upon without introduction of evidence,
Sec. 6 Rule 30
NOTE: Plaintiff must rely on the strength of his own evidence
and not upon the weakness of defendant’s. Even through
evidenced adduced by the plaintiff is stronger than
defendant’s, the evidence must still be sufficient to
substation his cause of action.
Section 1. Notice of Trial. — Upon entry of a case in the trial
calendar, the clerk shall notify the parties of the date of its
trial in such manner as shall ensure his receipt of that notice
at least five (5) days before such date. (2a, R22)
Upon the entry of a case in the trial calendar, the clerk or
court shall –
1. Notify the parties of the date of its trial
2. In such manner as shall ensure his receipt of that
notice at least five (5) days before such date.
Section 2. Adjournments and postponements. — A court
may adjourn a trial from day to day, and to any stated time,
as the expeditious and convenient transaction of business
may require, but shall have no power to adjourn a trial for a
longer period than one month for each adjournment nor
more than three months in all, except when authorized in
writing by the Court Administrator, Supreme Court. (3a, R22)
The court may adjourn a trial from day to day, and to any
stated time, as the expeditious and convenient transaction of
business may require.
Limitation -
BUT shall have no power to adjourn a trial for a longer period
than one month for each adjournment nor more than three
months in all except, authorized in writing by the Court
Administrator, Supreme Court.
 Postponement is not a matter of right and addressed
to sound discretion of the court. Graces vs
Valenzuela
GROUNDS FOR POSTPONEMENT OF TRIAL, Absence of
evidence and illness of a party or counsel
Section 3. Requisites of motion to postpone trial for absence
of evidence. — A motion to postpone a trial on the ground of
absence of evidence can be granted only upon affidavit
showing the materiality or relevancy of such evidence, and
that due diligence has been used to procure it. But if the
adverse party admits the facts to be given in evidence, even if
he objects or reserves the right to object to their
admissibility, the trial shall not be postponed. (4a, R22; Bar
Matter No. 803, 21 July 1998)
Requisites of motion to postpone trial for absence of
evidence:
1. A motion for postponement shall be filed
2. The motion must be supported by an affidavit or
sworn certification showing the
a. Materiality or relevancy of evidence
b. That due diligence has been used to
procure it
 3. If the adverse party admits the facts given in
evidence the trial shall not be postponed even if he
reserved the right to object to the admissibility of
the evidence.
Section 4. Requisites of motion to postpone trial for illness of
party or counsel. — A motion to postpone a trial on the
ground of illness of a party or counsel may be granted if it
appears upon affidavit or sworn certification that the
presence of such party or counsel at the trial is indispensable
and that the character of his illness is such as to render his
non-attendance excusable. (5a, R22)
Requisites of motion to postpone trial for illness of party or
counsel:
1. Motion for postponement must be filed
2. Motion must be supported by an affidavit or sown
certification showing the
a. Presence of the party or counsel at the trial
is indispensable
b. That the character of his illness is such as to
render his non-attendable excusable.
Section 5. Order of trial. — Subject to the provisions of
section 2 of Rule 31, and unless the court for special reasons
otherwise directs, the trial shall be limited to the issues
stated in the pre-trial order and shall proceed as follows:
(a) The plaintiff shall adduce evidence in support of
his complaint;
(b) The defendant shall then adduce evidence in
support of his defense, counterclaim, cross-claim and third-
party complaints;
(c) The third-party defendant if any, shall adduce
evidence of his defense, counterclaim, cross-claim and
fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall
adduce evidence of the material facts pleaded by them;
(e) The parties against whom any counterclaim or
cross-claim has been pleaded, shall adduce evidence in
support of their defense, in the order to be prescribed by
the court;
(f) The parties may then respectively adduce
rebutting evidence only, unless the court, for good reasons
and in the furtherance of justice, permits them to adduce
evidence upon their original case; and
(g) Upon admission of the evidence, the case shall
be deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective
memoranda or any further pleadings.
If several defendants or third-party defendants, and so forth,
having separate defenses appear by different counsel, the
court shall determine the relative order of presentation of
their evidence. (1a, R30)
Section 6. Agreed statement of facts. — The parties to any
action may agree, in writing, upon the facts involved in the
litigation, and submit the case for judgment on the facts
agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial
shall be held as to the disputed facts in such order as the
court shall prescribe. (2a, R30)
Section 7.Statement of judge. — During the hearing or trial
of a case any statement made by the judge with reference to
the case, or to any of the parties, witnesses or counsel, shall
be made of record in the stenographic notes. (3a, R30)
Section 8.Suspension of actions. — The suspension of actions
shall be governed by the provisions of the Civil Code. (n)
Section 9. Judge to receive evidence; delegation to clerk of
court. — The judge of the court where the case is pending
shall personally receive the evidence to be adduced by the
parties. However, in default or ex parte hearings, and in any
case where the parties agree in writing, the court may
delegate the reception of evidence to its clerk of court who is
a member of the bar. The clerk of court shall have no power
to rule on objections to any question or to the admission of
exhibits, which objections shall be resolved by the court upon
submission of his report and the transcripts within ten (10)
days from termination of the hearing. (n)
Gen Rule – The judge of the court shall personally receive the
evidence adduced by the parties.
Exception – a. in default or b.ex parte hearings, and c . in
case where the parties agreed in writing, the court may
delegate the reception of evidence to its clerk of court who is
member of the bar.
 The clerk of court cannot make a ruling on
objections.
 These objections shall be resolved by the court upon
submission of his report and transcripts within 10
days from the termination of the hearing.
NOTE: Issued not raised in the trial should not be considered,
otherwise irregular, invalid and extra-judicial. Sps. Agriano
and Norma Siosonvs Heirs of Federico Avancenia
RE: Judicial Affidavit Rule.
Section 1. Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception of
evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit
Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District
Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the
Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized
by the Supreme Court to receive evidence, including
the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies,
whose rules of procedure are subject to disapproval
of the Supreme Court, insofar as their existing rules
of procedure contravene the provisions of this
Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial
bodies, or investigating officers shall be uniformly referred to
here as the "court."
SUBPOENA, Rule 21
Section 1. Subpoena and subpoena ducestecum. — Subpoena
is a process directed to a person requiring him to attend and
to testify at the hearing or the trial of an action, or at any
investigation conducted by competent authority, or for the
taking of his deposition. It may also require him to bring with
him any books, documents, or other things under his control,
in which case it is called a subpoena ducestecum. (1a, R23)
Subpoena – a coercive process issued by the court or judge
stating the name of the court and the title of the action for
investigation, direct to a person and requiring him to attend
the hearing on the trial of an action, at the state date, time
and place.
Kinds of Subpoena-
Subpoena ad testificandum
Subpoena ducestecum.
Section 2. By whom issued. — The subpoena may be issued
by —
(a) the court before whom the witness is required to attend;
(b) the court of the place where the deposition is to be taken;
(c) the officer or body authorized by law to do so in
connection with investigations conducted by said officer or
body; or
(d) any Justice of the Supreme Court or of the Court of
Appeals in any case or investigation pending within the
Philippines.
When application for a subpoena to a prisoner is made, the
judge or officer shall examine and study carefully such
application to determine whether the same is made for a
valid purpose.
No prisoner sentenced to death, reclusion perpetua or life
imprisonment and who is confined in any penal institution
shall be brought outside the said penal institution for
appearance or attendance in any court unless authorized by
the Supreme Court (2a, R23)
Who may issue subpoena?
1. The court before whom the witness is required to
attend
2. The court of the place where the deposition is to be
taken
3. The officer or body authorized by law to do so in
connection with investigations conducted by the said
officer or body
4. Any justice of the SC or CA in any case or
investigation pending within the PH

 When application for a subpoena to a prisoner is
made, the judge or officer shall examine and study
carefully such application to determine whether the
same is made for a valid purpose.
Limitation in issuance of subpoena - No prisoner sentenced
to death, reclusion perpetua or life imprisonment and who is
confined in any penal institution shall be brought outside the
said penal institution for appearance or attendance in any
court unless authorized by the Supreme Court (2a, R23)
Section 3. Form and contents. — A subpoena shall state the
name of the court and the title of the action or investigation,
shall be directed to the person whose attendance is required,
and in the case of a subpoena ducestecum, it shall also
contain a reasonable description of the books, documents or
things demanded which must appear to the court prima facie
relevant. (3a, R23)
What does a subpoena contain?
1. Name of the court
2. Title of the action or investigation
3. Shall be directed to the person whose attendance is
required
4. In case of subpoena ducestecum, it shall contain a
reasonable description of the books, documents or
things demanded which must appear to the court
prima facie relevant.
Section 4. Quashing a subpoena. — The court may quash a
subpoena ducestecum upon motion promptly made and, in
any event, at or before the time specified therein if it is
unreasonable and oppressive, or the relevancy of the books,
documents or things does not appear, or if the person in
whose behalf the subpoena is issued fails to advance the
reasonable cost of the production thereof.
The court may quash a subpoena ad testificandum on the
ground that the witness is not bound thereby. In either case,
the subpoena may be quashed on the ground that the
witness fees and kilometrage allowed by these Rules were
not tendered when the subpoena was served. (4a, R23)
When to file? – upon motion promptly made, in any event, at
or before the time specified therein
Grounds for quashing subpoena ducestecum:
1. If it is unreasonable and oppressive
2. Relevancy of the books, documents or things does
not appear
3. If the person in whose behalf the supoeana is issued
fails to advance the reasonable cost of production
thereof.
Grounds for quashing subpoena ad testificandum:
1. The witness is not bound thereby
2. In either case, the subpoena may be quashed on the
ground that witness fees and kilometrage allowed by
these Rules were not tendered when subpoena is
served.
Section 5. Subpoena for depositions. — Proof of service of a
notice to take a deposition, as provided in sections 15 and 25
of Rule 23, shall constitute sufficient authorization for the
issuance of subpoenas for the persons named in said notice
by the clerk of the court of the place in which the deposition
is to be taken. The clerk shall not, however, issue a subpoena
ducestecum to any such person without an order of the
court. (5a, R23)
When is the issuance of subpoena proper in case of a
disposition?
Proof of service of a notice to take a deposition, as provided
in sections 15 and 25 of Rule 23, shall constitute sufficient
authorization for the issuance of subpoenas for the persons
named in said notice by the clerk of the court of the place in
which the deposition is to be taken
Limitation on the issuance of subpoena ducestecum by the
clerk of court -
The clerk shall not, however, issue a subpoena ducestecum to
any such person without an order of the court.
Section 6. Service. — Service of a subpoena shall be made in
the same manner as personal or substituted service of
summons. The original shall be exhibited and a copy thereof
delivered to the person on whom it is served, tendering to
him the fees for one day's attendance and the kilometrage
allowed by these Rules, except that, when a subpoena is
issued by or on behalf of the Republic of the Philippines or an
officer or agency thereof, the tender need not be made. The
service must be made so as to allow the witness a reasonable
time for preparation and travel to the place of attendance. If
the subpoena is ducestecum, the reasonable cost of
producing the books, documents or things demanded shall
also be tendered. (6a, R23)
How subpoena is served?
Service of a subpoena shall be made in the same manner as
personal or substituted service of summons.
What is the duty of the person serving the subpoena?
1. The original shall be exhibited
 2. A copy thereof delivered to the person on whom it is
served,
3. Tendering to him the fees for one day's attendance
and the kilometrage allowed by these Rules, except
that, when a subpoena is issued by or on behalf of
the Republic of the Philippines or an officer or
agency thereof, the tender need not be made.
What is the manner of service?
The service must be made so as to allow the witness a
reasonable time for preparation and travel to the place of
attendance. If the subpoena is ducestecum, the reasonable
cost of producing the books, documents or things demanded
shall also be tendered
Section 7. Personal appearance in court. — A person present
in court before a judicial officer may be required to testify as
if he were in attendance upon a subpoena is sued by such
court or officer. (10, R23)
What is the effect if person is in court?
A person present in court before a judicial officer may be
required to testify as if he were in attendance upon a
subpoena is sued by such court or officer
Section 8. Compelling attendance. — In case of failure of a
witness to attend, the court or judge issuing the subpoena,
upon proof of the service thereof and of the failure of the
witness, may issue a warrant to the sheriff of the province, or
his deputy, to arrest the witness and bring him before the
court or officer where his attendance is required, and the
cost of such warrant and seizure of such witness shall be paid
by the witness if the court issuing it shall determine that his
failure to answer the subpoena was willful and without just
excuse. (11, R23)
Courses of action of the court in case of failure of the
witness to attend:
Upon proof of the service thereof and of the failure of the
witness, may-
1. May issue a warrant to the sheriff of the province, or
his deputy, to arrest the witness and bring him
before the court or officer where his attendance is
required, and
2. The cost of such warrant and seizure of such witness
shall be paid by the witness if the court issuing it
shall determine that his failure to answer the
subpoena was willful and without just excuse.
Section 9. Contempt. — Failure by any person without
adequate cause to obey a subpoena served upon him shall be
deemed a contempt of the court from which the subpoena is
issued. If the subpoena was not issued by a court, the
disobedience thereto shall be punished in accordance with
the applicable law or Rule. (12a R23)
Effect of failure to OBEY a subpoena-
 Failure by any person without adequate cause to
obey a subpoena served upon him shall be deemed a
contempt of the court from which the subpoena is
issued.
Effect of failure to COMPLY with a subpoena if it was not
issued by a court?
 The disobedience thereto shall be punished in
accordance with the applicable law or Rule
Section 10. Exceptions. — The provisions of sections 8 and 9
of this Rule shall not apply to a witness who resides more
than one hundred (100) kilometers from his residence to the
place where he is to testify by the ordinary course of travel,
or to a detention prisoner if no permission of the court in
which his case is pending was obtained. (9a, R23)
Exceptions to the Sec. 8 and 9-
1. A witness who resides more than one hundred (100)
kilometers from his residence to the place where he
is to testify by the ordinary course of travel, or
2. To a detention prisoner if no permission of the court
in which his case is pending was obtained.
MODES OF DISCOVERY
Definition – It is a device to obtain information about
relevant matters on case form adverse party in preparation of
pre-trial.
Purposes of modes of discovery-
1. Used as device to narrow and clarify basic issues
between the parties
2. Used as device for ascertaining facts relative to the
issues between the parties
3. To obtain full knowledge of the issues and facts of
the case
4. To avoid perjury and detection of false and
fraudulent claims and defenses
5. To expedite the proceedings
6. To simplify the issues of the case
Nature of modes of discovery
It rests upon the sound discretion of the court. In the same
vein, their sanctions for failure to comply also rest on sound
discretion of the court.
What are the modes of discoveries under the Rules?
1. Deposition pending action - Rule 23
2. Deposition before action or pending appeal - Rule 24
3. Interrogatories to parties - Rule 25
4. Admission by adverse party - Rule 26
5. Production or inspection of documents or things –
Rule 27
6. Physical and mental examination of persons - Rule
28
Deposition defined – it it’s the taking of the testimony of any
person, upon oral or written interrogatories whether a part
or not, at instance of any party.
Kinds of depositon
a. As to nature –
1. Deposition de beneesse – testimony of a witness
or party pending action
2. Deposition in perpetuamrei memoriam –
testimony of a witness or a party before action
b. As to maker of taking –
1. Deposition by oral examination
2. Deposition by written interrogatories
Purpose of taking depositions –
1. Assist the parties ascertaining the truth in
checking and preventing injury
2. Provide an effective means of detecting and
exposing false, fraudulent claims and defenses
3. Make available in a simple, convenient and
inexpensive way, facts which otherwise could
not be proved except with greater difficulty
4. Educate the parties in advance of trial s to real
value of their claims and defenses thereby
encouraging settlement
5. Expedite litigation
6. Prevent delay
7. Simplify and narrow down issues
8. Expedite both preparation and trial
DEPOSITIONS PENDING ACTION, RULE 23
Section 1.Depositions pending action, when may be taken. —
By leave of court after jurisdiction has been obtained over
any defendant or over property which is the subject of the
action, or without such leave after an answer has been
served, the testimony of any person, whether a party or not,
may be taken, at the instance of any party, by deposition
upon oral examination or written interrogatories. The
attendance of witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions shall be taken
only in accordance with these Rules. The deposition of a
person confined in prison may be taken only by leave of court
on such terms as the court prescribes. (1a, R24)
By leave of court, after the court acquired jurisdiction over
the defend ant or property of the subject matter.
Without such leave, after an answer has been served.
Primary function of modes of discovery – is to supplement
the pleadings for the purpose of disclosing the real points of
dispute between the parties and affording an adequate
factual basis during the preparation of the trial.
 To compel the attendance of the witness, a
subpoena may be used.
 When a deposition does not conform to the
essential requirements of law and may reasonably
cause material injury to the adverse party, its taking
should not be allowed.
For prisoners, the deposition of a person confined in prison
may be taken only by leave of court on such terms as the
court prescribes.
NOTE: The rule does not provide distinctions, therefore it also
apply to non-resident party.
Deposition may be taken even after trial has commenced.
Under certain conditions and for certain limited purposes, it
may be taken even after trial has commenced and may be
used without the deponent being actually called to witness
stand. There is no rule that limits deposition0taking only to
the period of pre-trial or before it, no prohibition against the
taking of deposition after pre-trial.
Limitations on taking of deposition
If the examination is conducted in bad faith, or in such
manner as to annoy or embarrass, or oppress the person
who is the subject of the inquiry, or when the inquiry
touches upon the irrelevant or encroaches upon the
recognized domains of privilege.
Section 2. Scope of examination. — Unless otherwise ordered
by the court as provided by section 16 or 18 of this Rule, the
deponent may be examined regarding any matter, not
privileged, which is relevant to the subject of the pending
action, whether relating to the claim or defense of any other
party, including the existence, description, nature, custody,
condition, and location of any books, documents, or other
tangible things and the identity and location of persons
having knowledge of relevant facts. (2, R24)
Limitation in taking of depositions – examination should not
cover matters which are otherwise privileged in character.
Section 3. Examination and cross-examination. —
Examination and cross-examination of deponents may
proceed as permitted at the trial under sections 3 to 18 of
Rule 132. (3a, R24)
What does the sec. 3-18 of Rule 132 covers for purposes of
taking of depositions?
1. Rights and obligations of a witness Sec. 3
2. Order of examination of individual witness – Sec. 4
3. Direct examination – Sec. 5
4. Cross examination – Sec. 6
5. Re-direct examination – Sec. 7
6. Re-cross examination – Sec. 8
7. Recalling witness – Sec. 9
8. Leading and misleading question – Sec. 10
9. Impeach of adverse party’s witness – Sec. 11
10. Party may not impeach his own witness – Sec. 12
11. How witness impeached by evidence of inconsistent
statements – Sec. 13
12. Evidence of good character of witness – Sec. 14
13. Exclusions and separation of witness – Sec. 16
14. When a witness may refer to memorandum – Sec. 16
15. When part of transaction, writing or record given in
evidence, the remainder is admissible – Sec. 17
16. Right to inspect writing shown to witness – Sec. 18
Section 4. Use of depositions. — At the trial or upon the
hearing of a motion or an interlocutory proceeding, any part
or all of a deposition, so far as admissible under the rules of
evidence, may be used against any party who was present or
represented at the taking of the deposition or who had due
notice thereof, in accordance with any one of the following
provisions;
(a) Any deposition may be used by any party for the purpose
of contradicting or impeaching the testimony of deponent as
a witness;
(b) The deposition of a party or of any one who at the time of
taking the deposition was an officer, director, or managing
agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse party
for any purpose;
(c) The deposition of a witness, whether or not a party, may
be used by any party for any purpose if the court finds:
(1) that the witness is dead, or
(2) that the witness resides at a distance more than
one hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines, unless it appears that his
absence was procured by the party offering the deposition, or
(3) that the witness is unable to attend or testify
because of age, sickness, infirmity, or imprisonment, or
(4) that the party offering the deposition has been
unable to procure the attendance of the witness by
subpoena; or
(5) upon application and notice, that such
exceptional circumstances exist as to make it desirable, in the
interest of justice and with due regard to the importance of
presenting the testimony of witnesses orally in open court, to
allow the deposition to be used; and
(d) If only part of a deposition is offered in evidence by a
party, the adverse party may require him to introduce all of it
which is relevant to the part introduced, and any party may
introduce any other parts. (4a, R24)
Deposition as evidence
They are not generally meant to be a substitute for actual
testimony in open court of a party or witness.
Therefore, depositions offered during trial may be opposed
and excluded on the ground of hearsay.
However, depositions may be used without the deponent
being called to witness stand by the proponent, provided the
existence of certain conditions first established. The five
exceptions are depositions listed in Sec. 4.
Deposition at a former proceeding may be used as evidence;
it is an exception to hearsay evidence rule. However, the
requisites must be present.
Sec. 47, Rule 130 - Testimony or deposition at a former
proceeding. — The testimony or deposition of a witness
deceased or unable to testify, given in a former case or
proceeding, judicial or administrative, involving the same
parties and subject matter, may be given in evidence against
the adverse party who had the opportunity to cross-examine
him. (41a)
Deposition in case of witness is aged or infirm or about to
leave court’s jurisdiction or temporarily out of the PH, Leave
of court may be granted.
Section 5. Effect of substitution of parties. — Substitution of
parties does not affect the right to use depositions previously
taken; and, when an action has been dismissed and another
action involving the same subject is afterward brought
between the same parties or their representatives or
successors in interest, all depositions lawfully taken and duly
filed in the former action may be used in the latter as if
originally taken therefor. (5, R24)
Section 6. Objections to admissibility. — Subject to the
provisions of section 29 of this Rule, objection may be made
at the trial or hearing, to receiving in evidence any deposition
or part thereof for any reason which would require the
exclusion of the evidence if the witness were then present
and testifying (6, R24)
When objections be made?
1. At the trial
2. Heading to receiving in evidence any deposition for
any reason which would require the exclusion of
evidence if the witness were then present and
testifying.
Section 7.Effect of taking depositions. — A party shall not be
deemed to make a person his own witness for any purpose by
taking his deposition. (7, R24)
Section 8. Effect of using depositions. — The introduction in
evidence of the deposition or any part thereof for any
purpose other than that of contradicting or impeaching the
deponent makes the deponent the witness of the party
introducing the deposition, but this shall not apply to the use
by an adverse party of a deposition as described in paragraph
(b) of section 4 of this Rule. (8, R24)
Section 9. Rebutting deposition. — At the trial or hearing any
partymay rebut any relevant evidence contained in a
deposition whether introduced by him or by any other
party. (9, R24)
When to rebut? – A the hearing or trial
Section 10. Persons before whom depositions may be taken
within the Philippines. — Within the Philippines depositions
may be taken before any judge, notary public, or the person
referred to in section 14 hereof. (10a, R24)
Within PH, deposition may be taken bfore:
a. Judge
b. Notary public
c. Or person referred in section 14. Stipulations
regarding taking of depositions. — If the parties so
stipulate in writing, depositions may be taken before
any person authorized to administer oaths, at any
time or place, in accordance with these Rules and
when so taken may be used like other depositions.
(14a, R24)
Section 11. Persons before whom depositions may be taken in
foreign countries. — In a foreign state or country, depositions
may be taken (a) on notice before a secretary of embassy or
legation, consul general, consul, vice-consul, or consular
agent of the Republic of the Philippines, (b) before such
person or officer as may be appointed by commission or
under letters rogatory; or (c) the person referred to in section
14 hereof. (11a, R24)
If outside the PH:
a. On notice before a secretary of embassy or legation,
consul general, consul, vice-consul, or consular agent
of the Republic of the Philippines
b. Before such person or officer as may be appointed
by commission or under letters rogatory
c. The person referred to in section 14 hereof.
Section 12. Commission or letters rogatory. — A commission
or letters rogatory shall be issued only when necessary or
convenient, on application and notice, and on such terms,
and with such direction as are just and appropriate. Officers
may be designated in notices or commissions either by name
or descriptive title and letters rogatory may be addressed to
the appropriate judicial authority in the foreign country. (12a,
R24)
Requirements for issuance for letters rogatory:
1. Necessary or convenient, on application and notice,
2. On such terms, and with such direction as are just
and appropriate.
3. Officers may be designated in notices or
commissions either by name or descriptive title
4. Letters rogatory may be addressed to the
appropriate judicial authority in the foreign country
Commission – an instrument issued by a court of justice, or
other competence tribunal to authorize a person to take
depositions, or do any other act by authority of such court or
tribunal.
Letter rogatory – instrument whereby a foreign court is
informed of pendency of a case and the name of the witness,
and Is requested to cause their depositions to be taken in due
course of law for furtherance of justice, with an offer on the
part of the court making the request, to do the like for degree of consanguinity or affinity, or employee or counsel
another, in a similar case. of any of the parties, or who is a relative within the same
degree, or employee of such counsel; or who is financially
Commission Letter Rogatory interested in the action. (13a, R24)

1. An instrument 1. Instrument whereby Who are disqualified in giving depositions?

issued by a court of a foreign court is
justice, or other informed of 1. Persons relative within sixth degree of consanguinity
competence pendency of a case or affinity
tribunal to and the name of the 2. Employee or counsel of any of the parties or relative
authorize a person witness, and Is within the same degree
to take depositions, requested to cause 3. Employee of such counsel
or do any other act their depositions to
4. Person who is financially interested in the action
by authority of such be taken in due
court or tribunal. course of law for
2. Addressed to non- furtherance of Section 14. Stipulations regarding taking of depositions. — If
judicial foreign justice, with an offer the parties so stipulate in writing, depositions may be taken
officer who will take on the part of the before any person authorized to administer oaths, at any
deposition court making the time or place, in accordance with these Rules and when so
3. Rules applicable are request, to do the taken may be used like other depositions. (14a, R24)
those of requesting like for another, in a
court similar case.
4. Allowed if 2. Addressed to judicial
permission of the officer of a foreign Section 15. Deposition upon oral examination; notice; time
foreign country is country who will and place. — A party desiring to take the deposition of any
given direct the taking of person upon oral examination shall give reasonable notice in
deposition writing, to every other party to the action.
3. Rules applicable is
the of foreign court The notice shall state the time and place for taking the
4. Allowed if deposition and the name and address of each person to be
commission was examined, if known, and if the name is not known, a general
disallowed by the description sufficient to identify him or the particular class
foreign country or group to which he belongs.

On motion of any party upon whom the notice is served, the

Deposition vs Affidavit court may for cause shown enlarge or shorten the time. (15,
R24)
Deposition Affidavit

1. Taking of testimony 1. It may be taken ex

requires notice to parte Section 16. Orders for the protection of parties and
other party 2. It does not need deponents. — After notice is served for taking a deposition by
2. May be taken in form such form oral examination, upon motion seasonably made by any
of question and 3. May or may not be party or by the person to be examined and for good cause
answer based on used in a shown, the court in which the action is pending may make:
written examination proceeding
or written 1. An order that the deposition shall not be taken, or
interrogatories
before authorized 2. That it may be taken only at some designated place other
persons; than that stated in the notice, or
3. May be used as 3. That it may be taken only on written interrogatories, or
evidence pending a
case 4. That certain matters shall not be inquired into, or

5. That the scope of the examination shall be held with no

one present except the parties to the action and their officers
or counsel, or
Section 13. Disqualification by interest. — No deposition shall
be taken before a person who is a relative within the sixth
6. That after being sealed the deposition shall be opened only
by order of the court, or
7. That secret processes, developments, or research need not
be disclosed, or
8. That the parties shall simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court or
9. That court may make any other order which justice
requires to protect the party or witness from annoyance,
embarrassment, or oppression. (16a, R24)
Section 17. Record of examination, oath; objections. — The
officer before whom the deposition is to be taken shall:
Put the witness on oath and
Shall personally, or by some one acting under his direction
and in his presence, record the testimony of the witness. The
testimony shall be taken stenographically unless the parties
agree otherwise.
All objections made at the time of the examination to the
qualifications of the officer taking the deposition, or to the
manner of talking it, or to the evidence presented, or to the
conduct of any party, and any other objection to the
proceedings, shall be noted by the officer upon the
deposition.
Evidence objected to shall be taken subject to the objections.
In lieu of participating in the oral examination, parties served
with notice of taking a deposition may transmit written
interrogatories to the officers, who shall propound them to
the witness and record the answers verbatim. (17, R24)
Section 18. Motion to terminate or limit examination.
— At any time during the taking of the deposition, on motion
or petition of any party or of the deponent, and upon a
showing that the examination is being conducted in bad faith
or in such manner as unreasonably to annoy, embarrass, or
oppress the deponent or party, the court in which the action
is pending or the Regional Trial Court of the place where the
deposition is being taken may order the officer conducting
the examination to cease forthwith from taking the
deposition, or may limit the scope and manner of the taking
of the deposition, as provided in section 16 of this Rule.
If the order made terminates the examination, it shall be
resumed thereafter only upon the order of the court in which
the action is pending. Upon demand of the objecting party or
deponent, the taking of the deposition shall be suspended for
the time necessary to make a notice for an order. In granting
or refusing such order, the court may impose upon either
party or upon the witness the requirement to pay such costs
or expenses as the court may deem reasonable. (18a, R24)
Section 19. Submission to witness; changes; signing. —
When the testimony is fully transcribed, the deposition shall
be submitted to the witness for examination and shall be
read to or by him, unless such examination and reading are
waived by the witness and by the parties. Any changes in
form or substance which the witness desires to make shall be
entered upon the deposition by the officer with a statement
of the reasons given by the witness for making them. The
deposition shall then be signed by the witness, unless the
parties by stipulation waive the signing or the witness is ill or
cannot be found or refuses to sign. If the deposition is not
signed by the witness, the officer shall sign it and state on the
record the fact of the waiver or of the illness or absence of
the witness or the fact of the refusal to sign together with the
reason be given therefor, if any, and the deposition may then
be used as fully as though signed, unless on a motion to
suppress under section 29 (f) of this Rule, the court holds that
the reasons given for the refusal to sign require rejection of
the deposition in whole or in part. (19a, R24)
Section 20. Certification, and filing by officer. — The officer
shall certify on the deposition that the witness was duly
sworn to by him and that the deposition is a true record of
the testimony given by the witness. He shall then securely
seal the deposition in an envelope indorsed with the title of
the action and marked "Deposition of (here insert the name
of witness)" and shall promptly file it with the court in which
the action is pending or send it by registered mail to the clerk
thereof for filing. (20, R24)
Section 21. Notice of filing. — The officer taking the
deposition shall give prompt notice of its filing to all the
parties. (21, R24)
Section 22. Furnishing copies. — Upon payment of
reasonable charges therefor, the officer shall furnish a copy
of the deposition to any party or to the deponent. (22, R24)
Section 23. Failure to attend of party giving notice. — If the
party giving the notice of the taking of a deposition fails to
attend and proceed therewith and another attends in person
or by counsel pursuant to the notice, the court may order the
party giving the notice to pay such other party the amount of
the reasonable expenses incurred by him and his counsel in
so attending, including reasonable attorney's fees. (23a, R24)
Section 24. Failure of party giving notice to serve subpoena.
— If the party giving the notice of the taking of a deposition
of a witness fails to serve a subpoena upon him and the
witness because of such failure does not attend, and if
another party attends in person or by counsel because he
expects the deposition of that witness to be taken, the court
may order the party giving the notice to pay to such other
party the amount of the reasonable expenses incurred by him
and his counsel in so attending, including reasonable
attorney's fees. (24a, R24)
Section 25. Deposition upon written interrogatories; service of
notice and of interrogatories. — A party desiring to take the
deposition of any person upon written interrogatories shall
serve them upon every other party with a notice stating the
name and address of the person who is to answer them and
the name or descriptive title and address of the officer before
whom the deposition is to be taken. Within ten (10) days
thereafter, a party so served may serve cross-interrogatories
upon the party proposing to take the deposition. Within five
(5) days thereafter, the latter may serve re-direct
interrogatories upon a party who has served cross-
interrogatories. Within three (3) days after being served with
re-direct interrogatories, a party may serve recross-
interrogatories upon the party proposing to take the
deposition. (25, R24)
Section 26. Officers to take responses and prepare record. —
A copy of the notice and copies of all interrogatories served
shall be delivered by the party taking the deposition to the
officer designated in the notice, who shall proceed promptly,
in the manner provided by sections 17, 19 and 20 of this Rule,
to take the testimony of the witness in response to the
interrogatories and to prepare, certify, and file or mail the
deposition, attaching thereto the copy of the notice and the
interrogatories received by him. (26, R24)
Section 27. Notice of filing and furnishing copies. — When a
deposition upon interrogatories is filed, the officer taking it
shall promptly give notice thereof to all the parties, and may
furnish copies to them or to the deponent upon payment of
reasonable charges therefor. (27, R24)
Section 28. Order for the protection of parties and deponents.
— After the service of the interrogatories and prior to the
taking of the testimony of the deponent, the court in which
the action is pending, on motion promptly made by a party or
a deponent, and for good cause shown, may make any order
specified in sections 15, 16 and 18 of this Rule which is
appropriate and just or an order that the deposition shall not
be taken before the officer designated in the notice or that it
shall not be taken except upon oral examination. (28a, R24)
Section 29. Effect of errors and irregularities in depositions. —
(a) As to notice. — All errors and irregularities in the notice
for taking a deposition are waived unless written objection is
promptly served upon the party giving the notice.
(b) As to disqualification of officer. — Objection to taking a
deposition because of disqualification of the officer before
whom it is to be taken is waived unless made before the
taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with
reasonable diligence.
(c) As to competency or relevancy of evidence. — Objections
to the competency of witness or the competency, relevancy,
or materiality of testimony are not waived by failure to make
them before or during the taking of the deposition, unless the
ground, of the objection is one which might have been
obviated or removed if presented at that time.
(d) As to oral examination and other particulars. — Errors
and irregularities occurring at the oral examination in the
manner of taking the deposition in the form of the questions
or answers, in the oath or affirmation, or in the conduct of
the parties and errors of any kind which might be obviated,
removed, or cured if promptly prosecuted, are waived unless
reasonable objection thereto is made at the taking of the
deposition.
(e) As to form of written interrogatories. — Objections to
the form of written interrogatories submitted under sections
25 and 26 of this Rule are waived unless served in writing
upon the party propounding them within the time allowed
for serving succeeding cross or other interrogatories and
within three (3) days after service of the last interrogatories
authorized.
(f) As to manner of preparation. — Errors and irregularities
in the manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by the officer
under sections 17, 19, 20 and 26 of this Rule are waived
unless a motion to suppress the deposition or some part
thereof is made with reasonable promptness after such
defect is, or with due diligence might have been, ascertained.
(29a, R24)
DEPOSITION BEFORE ACITON, Rule 24
Section 1. Depositions before action; petition. — A person
who desires to perpetuate his own testimony or that of
another person regarding any matter that may be cognizable
in any court of the Philippines may file a verified petition in
the court of the place of the residence of any expected
adverse party. (1a R134)
How commenced?
Any person who desires to perpetuate his own testimony or
that of another person may file petition regarding:
1. Any matter that may be cognizable before in any
court of PH
2. In court of the place of residence of expected
adverse party
Section 2. Contents of petition. — The petition shall be
entitled in the name of the petitioner and shall show: (a) that
the petitioner expects to be a party to an action in a court of
the Philippines but is presently unable to bring it or cause it
to be brought; (b) the subject matter of the expected action
and his interest therein; (c) the facts which he desires to
establish by the proposed testimony and his reasons for
desiring to perpetuate it; (d) the names or a description of
the persons he expects will be adverse parties and their
addresses so far as known; and (e) the names and addresses
of the persons to be examined and the substance of the
testimony which he expects to elicit from each, and shall ask
for an order authorizing the petitioner to take the depositions
of the persons to be examined named in the petition for the
purpose of perpetuating their testimony. (2, R134)
What are the contents of the petition?
1. That the petitioner expects to be a party to an action
in a court of the Philippines but is presently unable
to bring it or cause it to be brought
2. The subject matter of the expected action and his
interest therein
3. The facts which he desires to establish by the
proposed testimony and his reasons for desiring to
perpetuate it
4. The names or a description of the persons he
expects will be adverse parties and their addresses
so far as known; and
5. The names and addresses of the persons to be
examined and the substance of the testimony which
he expects to elicit from each, and shall ask for an
order authorizing the petitioner to take the
depositions of the persons to be examined named in
the petition for the purpose of perpetuating their
testimony
Section 3. Notice and service. — The petitioner shall serve a
notice upon each person named in the petition as an
expected adverse party, together with a copy of the petition,
stating that the petitioner will apply to the court, at a time
and place named therein, for the order described in the
petition. At least twenty (20) days before the date of the
hearing, the court shall cause notice thereof to be served on
the parties and prospective deponents in the manner
provided for service of summons. (3a, R134)
What are the duties of the petitioner after filing of the
petition?
1. Serve a notice upon each person named in the
petition as an expected adverse party,
2. Serve a copy of the petition stating that the
petitioner will apply to the court, at a time and place
named therein, for the order described in the
petition
What is the course of action of the court after filing and
service of notice and petition?
At least twenty (20) days before the date of the hearing, the
court shall cause notice thereof to be served on the parties
and prospective deponents in the manner provided for
service of summons.
Section 4. Order and examination. — If the court is satisfied
that the perpetuation of the testimony may prevent a failure
or delay of justice, it shall make an order designating or
describing the persons whose deposition may be taken and
specifying the subject matter of the examination and whether
the depositions shall be taken upon oral examination or
written interrogatories. The depositions may be taken in
accordance with Rule 23 before the hearing. (4a, R134)
What are the actions of the court on the petition?
If the court is satisfied that the perpetuation of the testimony
may prevent a failure or delay of justice, it shall:
1. Make an order designating or describing the persons
whose deposition may be taken and specifying the
subject matter of the examination.
2. Whether the depositions shall be taken upon oral
examination or written interrogatories
 3. Depositions may be taken in accordance with Rule
23 before the hearing.
Section 5. Reference to court. — For the purpose of applying
Rule 23 to depositions for perpetuating testimony, each
reference therein to the court in which the action is pending
shall be deemed to refer to the court in which the petition for
such deposition was filed. (5a, R134)
Section 6. Use of deposition. — If a deposition to perpetuate
testimony is taken under this Rule, or if, although not so
taken, it would be admissible in evidence, it may be used in
any action involving the same subject matter sub-sequently
brought in accordance with the provisions of sections 4 and 5
of Rule 23. (6a, R134)
What are the usages of depositions?
If a deposition to perpetuate testimony is taken under this
Rule, or if, although not so taken:
1. It would be admissible in evidence,
2. It may be used in any action involving the same
subject matter sub-sequently brought in accordance
with the provisions of sections 4 and 5 of Rule 23
DEPOSITIONS PENDING APPEAL
Section 7. Depositions pending appeal. — If an appeal has
been taken from a judgment of a court, including the Court of
Appeals in proper cases, or before the taking of an appeal if
the time therefor has not expired, the court in which the
judgment was rendered may allow the taking of depositions
of witnesses to perpetuate their testimony for in the event of
further proceedings in the said court. In such case the party
who desires to perpetuate the testimony may make a motion
in the said court for leave to take the depositions, upon the
same notice and service thereof as if the action was pending
therein. The motion shall state (a) the names and addresses
of the persons to be examined and the substance of the
testimony which he expects to elicit from each, and (b) the
reason for perpetuating their testimony. If the court finds
that the perpetuation of the testimony is proper to avoid a
failure or delay of justice, it may make an order allowing the
deposition to be taken, and thereupon the depositions may
be taken and used in the same manner and under the same
conditions as are prescribed in these Rules for depositions
taken in pending actions. (7a, R134)
How is it made?
If an appeal has been taken from a judgment of a court,
including the Court of Appeals in proper cases, or before the
taking of an appeal if the time therefor has not expired, the
court in which the judgment was rendered may:
1. Allow the taking of depositions of witnesses to
perpetuate their testimony for in the event of
further proceedings in the said court.
Requirements for taking depositions pending appeal:
a. Motion in the said court for leave to take the
depositions,
b. Upon the same notice and service thereof as if the
action was pending therein.
Contents of the motion for leave?
a. Names and addresses of the persons to be examined
and the substance of the testimony which he
expects to elicit from each, and
b. Reasons for perpetuating their testimony.
What are the actions of the court on the motion?
If the court finds that the perpetuation of the testimony is
proper to avoid a failure or delay of justice:
a. Make an order allowing the deposition to be taken,
b. The depositions may be taken and used in the same
manner and under the same conditions as are
prescribed in these Rules for depositions taken in
pending actions.
INTERROGATORIES TO PEARTIES, Rule 25
Section 1. Interrogatories to parties; service thereof. — Under
the same conditions specified in section 1 of Rule 23, any
party desiring to elicit material and relevant facts from any
adverse parties shall file and serve upon the latter written
interrogatories to be answered by the party served or, if the
party served is a public or private corporation or a
partnership or association, by any officer thereof competent
to testify in its behalf. (1a)
Under the same conditions specified in section 1 of Rule 23,
any party desiring to elicit material and relevant facts from
any adverse parties shall:
a. File and serve upon the latter written interrogatories
to be answered by the party served
b. If the party served is a public or private corporation
or a partnership or association, by any officer
thereof competent to testify in its behalf
NOTE:
Remedy in case of denial of written interrogatories
It is interlocutory in nature, and the extraordinary remedy of
writ of certiorari is generally not an available remedy to
challenge an interlocutory order of a trial court. The proper
remedy in such a case is appeal from adverse judgment
where incorporated in said appeal is the grounds for assailing
the interlocutory order.
Exception – is the order disallowing the petitioner’s written
interrogatories are patently erroneous, hence certiorari is
warranted.
Section 5. Scope and use of interrogatories. — Interrogatories
may relate to any matters that can be inquired into under
section 2 of Rule 23, and the answers may be used for the
same purposes provided in section 4 of the same Rule. (5a)
Look on above rule on Rule 23.
Section 6. Effect of failure to serve written interrogatories. —
Unless thereafter allowed by the court for good cause shown
and to prevent a failure of justice, a party not served with
written interrogatories may not be compelled by the adverse
party to give testimony in open court, or to give a deposition
pending appeal. (n)

Section 2. Answer to interrogatories. — The interrogatories
shall be answered fully in writing and shall be signed and
sworn to by the person making them. The party upon whom
the interrogatories have been served shall file and serve a
copy of the answers on the party submitting the
interrogatories within fifteen (15) days after service thereof
unless the court on motion and for good cause shown,
extends or shortens the time. (2a)
Effects of failure to serve written interrogatories:
Unless thereafter allowed by the court for good cause shown
and to prevent a failure of justice, a party not served with
written interrogatories may not be:
a. Compelled by the adverse party to give testimony in
open court, or
b. To give a deposition pending appeal

Requirements in response to interrogatories: Written Interrogatories Rule Written Interrogatories

23 Rule 25
a. Answered fully in writing
a. Deponent is a third a. Directly served to
b. Shall be signed and sworn by the person making person not adverse party
them. necessarily a party b. No officer to take
b. An officer is required deposition is
When to file answer to interrogatories? to take depositions required
a. Shall file and serve a copy of the answers on the
party submitting the interrogatories within fifteen Bill of Particulars Written Interrogatories
(15) days after service thereof Rule 25
b. Unless the court on motion and for good cause a. Intended for purpose a. Seek to disclose all
shown, extends or shortens the time of clarifying material and
ambiguities in a relevant facts form
Section 3. Objections to interrogatories. — Objections to any pleading or to state a party
interrogatories may be presented to the court within ten (10) with sufficient b. Not directed to
definiteness the pleadings, but to
days after service thereof, with notice as in case of a motion;
allegations in the material and
and answers shall be deferred until the objections are
pleading relevant facts
resolved, which shall be at as early a time as is practicable. b. Direct to the within the
(3a) pleadings with knowledge of
ambiguous allegations adverse party
 Objections must be filed within 10 days after the
service thereof.
 Filing of answers shall be deferred until objections ADMISSION BY ADVERSE PARTY, Rule 26
are resolved, which shall be as early as possible.
Admission defined,
Section 4. Number of interrogatories. — No party may, An admission is any statement of fact made by a party against
without leave of court, serve more than one set of his interest or unfavorable to the conclusion for which he
interrogatories to be answered by the same party. (4) contents or is inconsistent with the facts alleged by him.
Therefore, if it is only one set of interrogatories, there is no Requirements for admission to be admissible:
need for leave of court. But if exceeds one set, it needs leave
of court. 1. Involve matters of fact and not of law
 2. Be categorical and definite
3. Be knowingly and voluntarily made
4. Be adverse to the admitter’s interests, otherwise it
would be self-serving and inadmissible.
LacbayanvsSamoy, GR 165427, March 21 2011
Section 1. Request for admission. — At any time after issues
have been joined, a party may file and serve upon any other
party may file and serve upon any other party a written
request for the admission by the latter of the genuineness of
any material and relevant document described in and
exhibited with the request or of the truth of any material and
relevant matter of fact set forth in the request. Copies of the
documents shall be delivered with the request unless copy
have already been furnished. (1a)
How can a request by adverse party be made?
At any time after issues have been joined, a party may file
and serve upon any other party may file and serve upon any
other party a written request for:
1. The admission by the latter of the genuineness of
any material and relevant document described in
and exhibited with the request or
2. The truth of any material and relevant matter of fact
set forth in the request.
3. Copies of the documents shall be delivered with the
request unless copy have already been furnished.
NOTES:
Purpose of admission
Every alleged admission is taken as an entirety of
the fact which makes for the one side with the
qualifications which limit, modify or destroy its
effect on the other side. The reason for this is,
where part of a statement of a party is used against
him as an admission, the court should weigh any
other portion connected with the statement, which
tends to neutralize or explain the portion which is
against interest.
In other words, while the admission is admissible in
evidence, its probative value is to be determined
from the whole statement and others intimately
related or connected therewith as an integrated
unit. Although acts or facts admitted do not require
proof and cannot be contradicted, however,
evidence aliundecan be presented to show that the
admission was made through palpable mistake. The
rule is always in favor of liberality in construction of
pleadings so that the real matter in dispute may be
submitted to the judgment of the court. Republic of
PH vsCojuanco, April 12 2011
Section 2. Implied admission. — Each of the matters of which
an admission is requested shall be deemed admitted unless,
within a period designated in the request, which shall not be
less than fifteen (15) days after service thereof, or within such
further time as the court may allow on motion, the party to
whom the request is directed files and serves upon the party
requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or
setting forth in detail the reasons why he cannot truthfully
either admit or deny those matters.
Objections to any request for admission shall be submitted to
the court by the party requested within the period for and
prior to the filing of his sworn statement as contemplated in
the preceding paragraph and his compliance therewith shall
be deferred until such objections are resolved, which
resolution shall be made as early as practicable. (2a)
What are the actions that can be made by party a written
request for admission is served?
Each of the matters of which an admission is requested shall
be deemed admitted unless, within a period designated in
the request, the party served will:
a. File and serves upon the party requesting the
admission a sworn statement either denying
specifically the matters of which an admission is
requested or setting forth in detail the reasons why
he cannot truthfully either admit or deny those
matters which shall not be less than 15 days after
the service thereof.
b. Within such further time as the court may allow on
motion
Rule in case of filing an objection –
a. Submitted to the court by the party requested within
the period for and prior to the filing of his sworn
statement as contemplated in the preceding
paragraph and
b. His compliance therewith shall be deferred until
such objections are resolved, which resolution shall
be made as early as practicable.
Implied admission rule –
Each matter must be denied specifically under oath setting
forth in detail the reason why he cannot truthfully admit or
deny. The silence of the defendant on the plaintiff’s request
for admission amounts to an implied acceptance of the facts
set forth therein with the effect that plaintiff’s claim stood
undisputed.
Limitations to the rule –
The redundant and unnecessarily vexatious nature of the
petitioner’s request for admission rendered it ineffectual,
futile and irrelevant so as to proscribe the operation of the
implied admission. Limos vsSps. Odones
Remedy of the person making an implied admission –
Motion to b relieved of the implied admission
Section 3. Effect of admission. — Any admission made by a
party pursuant to such request is for the purpose of the
pending action only and shall not constitute an admission by
him for any other purpose nor may the same be used against
him in any other proceeding. (3)
What are the effects of admission –
a. It is only for the purpose of the pending action
b. Shall not constitute an admission by him for any
other purpsoe
c. Nor said admission be used against him in any
proceedings.
Section 4. Withdrawal. — The court may allow the party
making an admission under the Rule, whether express or
implied, to withdraw or amend it upon such terms as may be
just. (4)
Section 5. Effect of failure to file and serve request for
admission. — Unless otherwise allowed by the court for good
cause shown and to prevent a failure of justice a party who
fails to file and serve a request for admission on the adverse
party of material and relevant facts at issue which are, or
ought to be, within the personal knowledge of the latter, shall
not be permitted to present evidence on such facts. (n)
Effect of failure to file and serve request for admission –
Party who fails to file and serve a request for admission on
the adverse party of material and relevant facts at issue
which are, or ought to be, within the personal knowledge of
the latter, shall not be permitted to present evidence on
such facts.
Exception – For good cause shown and to prevent a failure of
justice
PRODUCTION AND INSPECTION OF DOCUMENTS AND
THINGS, Rule 27
Two motions under Rule 27
1. Motion for production and inspection of documents
and things
2. Motion to allow entry upon a designated place for
purposes of inspection, measuring, and surveying of
property
Section 1. Motion for production or inspection; order. —
Upon motion of any party showing good cause therefor, the
court in which an action is pending may (a) order any party to
produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any
designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which
constitute or contain evidence material to any matter
involved in the action and which are in his possession,
custody or control, or (b) order any party to permit entry
upon designated land or other property in his possession or
control for the purpose of inspecting, measuring, surveying,
or photographing the property or any designated relevant
object or operation thereon. The order shall specify the time,
place and manner of making the inspection and taking copies
and photographs, and may prescribe such terms and
conditions as are just. (1a)
Courses of action on the motion for production and
inspection of documents and things –
(a) order any party to produce and permit the inspection and
copying or photographing, by or on behalf of the moving
party, of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, not
privileged, which constitute or contain evidence material to
any matter involved in the action and which are in his
possession, custody or control, or
(b) order any party to permit entry upon designated land or
other property in his possession or control for the purpose of
inspecting, measuring, surveying, or photographing the
property or any designated relevant object or operation
thereon. The order shall specify the time, place and manner
of making the inspection and taking copies and photographs,
and may prescribe such terms and conditions as are just.
Things that are privileged and cannot be subject of Rule 27:
1. Privileged communication between husband and
wife, Sec. 24(a) Rule 130
2. Between attorney and client Sec. 24 b Rule 130
3. Between physician and patient, Sec. 24c Rule 130
4. Communication of public officer and public interest
Sec. 24 e, Rule 130
5. Editors may not be compelled to disclose source of
published news
6. Voters may not be compelled to disclose whom they
voted
7. Trade secrets
8. Information contained in tax census returns
 9. Bank deposits shown and upon notice to the party to be examined and to all
other parties, and shall specify the time, place, manner,
Limitations on the remedy of production and inspection of conditions and scope of the examination and the person or
documents and things – persons by whom it is to be made. (2)
Inspection should be limited to those documents designated Requisites for order of examination:
with sufficient particularity in the motion such that the
adverse party can easily identify the documents he required 1. On motion for good cause shown
to procure. 2. Upon notice to the party to be examined and to all
other parties
Production and inspection of Subpoena DucesTecum
3. Shall specify the time, place, manner, conditions and
Documents
scope of examination and the person or persons
1. Mode of discovery 1. A writ or process of whom it is to be made.
2. Directed against compelling
party litigants production of Section 3. Report of findings. — If requested by the party
3. It can be availed of evidence examined, the party causing the examination to be made
by motion 2. Directed against any shall deliver to him a copy of a detailed written report of the
person which examining physician setting out his findings and conclusions.
includes litigants After such request and delivery, the party causing the
3. By means of a examination to be made shall be entitled upon request to
request issued ex receive from the party examined a like report of any
parte examination, previously or thereafter made, of the same
mental or physical condition. If the party examined refuses to
deliver such report, the court on motion and notice may
Production and Inspection of Exception to the Best
Documents Evidence Rule when the make an order requiring delivery on such terms as are just,
original is in the possession and if a physician fails or refuses to make such a report the
of adverse party under Sec. court may exclude his testimony if offered at the trial. (3a)
3 (b) Rule 130
What are the rules on findings of physician on examination
1. It can be done by conducted?
1. It can be availed of
through motion notice.
If requested by the party examined, the party causing the
2. Movant has no prior 2. Has the knowledge
examination to be made shall deliver to him a copy of a
knowledge on the contents of the
documents to be detailed written report of the examining physician setting out
contents of the
produced his findings and conclusions.
documents to be
produced After such request and delivery, the party causing the
examination to be made shall be entitled upon request to
receive from the party examined a like report of any
PHYSICAL AND MENTAL EXAMINATION OF PARTIES, Rule 28
examination, previously or thereafter made, of the same
mental or physical condition.

Section 1. When examination may be ordered. — In an action

in which the mental or physical condition of a party is in
Section 4. Waiver of privilege. — By requesting and obtaining
controversy, the court in which the action is pending may in
a report of the examination so ordered or by taking the
its discretion order him to submit to a physical or mental
deposition of the examiner, the party examined waives any
examination by a physician. (1)
privilege he may have in that action or any other involving the
When can the court order it? When mental or physical same controversy, regarding the testimony of every other
condition of a party is in controversy person who has examined or may thereafter examine him in
respect of the same mental or physical examination. (4)
Action of the court – the action which the action is pending
in its discretion order him to submit to a physical or mental
examination by physician.
What are the effects of submission to examination by the
Section 2. Order for examination. — The order for party?
examination may be made only on motion for good cause
By requesting and obtaining a report of the examination so
ordered or by taking the deposition of the examiner:
1. The party examined waives any privilege he may
have in that action or
2. He also waived any privileged on any other involving
the same controversy, regarding the testimony of
every other person who has examined or may
thereafter examine him in respect of the same
mental or physical examination
REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY,
Rule 29
The determination of the sanction a court should impose for
failure of a party to comply with the modes of discovery rest
on the sound discretion of the court, taking into account the
overriding interest of justice and the circumstances of each
case.
Section 1. Refusal to answer. — If a party or other deponent
refuses to answer any question upon oral examination, the
examination may be completed on other matters or
adjourned as the proponent of the question may prefer. The
proponent may thereafter apply to the proper court of the
place where the deposition is being taken, for an order to
compel an answer. The same procedure may be availed of
when a party or a witness refuses to answer any
interrogatory submitted under Rules 23 or 25.
If the application is granted, the court shall require the
refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer
was without substantial justification, it may require the
refusing party or deponent or the counsel advising the
refusal, or both of them, to pay the proponent the amount of
the reasonable expenses incurred in obtaining the order,
including attorney's fees.
If the application is denied and the court finds that it was filed
without substantial justification, the court may require the
proponent or the counsel advising the filing of the
application, or both of them, to pay to the refusing party or
deponent the amount of the reasonable expenses incurred in
opposing the application, including attorney's fees. (1a)
Consequences in case of refusal to answer any question?
A party or other deponent refuses to answer any question
upon oral examinationthe court may:
1. The examination may be completed on other
matters or adjourned as the proponent of the
question may prefer.
2. The proponent may thereafter apply to the proper
court of the place where the deposition is being
taken, for an order to compel an answer.
3. The same procedure may be availed of when a party
or a witness refuses to answer any interrogatory
submitted under Rules 23 or 25.
Section 2. Contempt of court. — If a party or other witness
refuses to be sworn or refuses to answer any question after
being directed to do so by the court of the place in which the
deposition is being taken, the refusal may be considered a
contempt of that court. (2a)
If a party or other witness refuses to be sworn or refuses to
answer any question after being directed to do so by the
court of the place in which the deposition is being taken,
 the refusal may be considered a contempt of that
court
Section 3. Other consequences. — If any party or an officer or
managing agent of a party refuses to obey an order made
under section 1 of this Rule requiring him to answer
designated questions, or an order under Rule 27 to produce
any document or other thing for inspection, copying, or
photographing or to permit it to be done, or to permit entry
upon land or other property or an order made under Rule 28
requiring him to submit to a physical or mental examination,
the court may make such orders in regard to the refusal as
are just, and among others the following:
(a) An order that the matters regarding which the questions
were asked, or the character or description of the thing or
land, or the contents of the paper, or the physical or mental
condition of the party, or any other designated facts shall be
taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the order;
(b) An order refusing to allow the disobedient party to
support or oppose designated claims or defenses or
prohibiting him from introducing in evidence designated
documents or things or items of testimony, or from
introducing evidence of physical or mental condition;
(c) An order striking out pleadings or parts thereof, or
staying further proceedings until the order is obeyed, or
dismissing the action or proceeding or any part thereof, or
rendering a judgment by default against the disobedient
party; and
(d) In lieu of any of the foregoing orders or in addition
thereto, an order directing the arrest of any party or agent of
a party for disobeying any of such orders except an order to
submit to a physical or mental examination. (3a)
NOTE: A default judgment may be rendered, even if the
defendant had filed his answer, under the circumstances in
Sec 3(c) of Rule 29.
Section 4. Expenses on refusal to admit. — If a party after
being served with a request under Rule 26 to admit the
genuineness of any document or the truth of any matter of
fact serves a sworn denial thereof and if the party requesting
the admissions thereafter proves the genuineness of such
document or the truth of any such matter of fact,he may
apply to the court for an order requiring the other party to
pay him the reasonable expenses incurred in making such
proof, including attorney's fees. Unless the court finds that
there were good reasons for the denial or that admissions
sought were of no substantial importance, such order shall be
issued. (4a)
Section 5. Failure of party to attend or serve answers. — If a
party or an officer or managing agent of a party wilfully fails
to appear before the officer who is to take his deposition,
after being served with a proper notice, or fails to serve
answers to interrogatories submitted under Rule 25 after
proper service of such interrogatories, the court on motion
and notice, may strike out all or any part of any pleading of
that party, or dismiss the action or proceeding or any part
thereof, or enter a judgment by default against that party,
and in its discretion, order him to pay reasonable expenses
incurred by the other, including attorney's fees. (5)
Effects if failed to serve answers –
1. The court on motion and notice may:
2. Strike out all or any part of the pleading of that party
3. Dismiss the action or proceeding
4. Enter a judgment by default against that party
5. In its discretion, order him to pay reasonable
expenses incurred by other, including attys fees
Judgment by default for failure to file answer to
interrogatories
Before there could be a judgment by default, the court must
first require an application by the proponent to compel an
answer. Sec. 1, Rule 29 of Civil Procedure.
Section 6. Expenses against the Republic of the Philippines. —
Expenses and attorney's fees are not to be imposed upon the
Republic of the Philippines under this Rule. (6)
MODES OF DISCOVERY IN ENVIRONMETAL CASES
Section 12, Rule 7, Part III
Section 12.Discovery Measures. - A party may file a verified
motion for the following reliefs:
(a) Ocular Inspection; order — The motion must
show that an ocular inspection order is necessary to
establish the magnitude of the violation or the
threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall
state in detail the place or places to be inspected. It
shall be supported by affidavits of witnesses having
personal knowledge of the violation or threatened
violation of environmental law.
After hearing, the court may order any person in
possession or control of a designated land or other
property to permit entry for the purpose of
inspecting or photographing the property or any
relevant object or operation thereon.
The order shall specify the person or persons
authorized to make the inspection and the date,
time, place and manner of making the inspection
and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things;
order – The motion must show that a production
order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or
provinces.
After hearing, the court may order any person in
possession, custody or control of any designated
documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in
digitized or electronic form, which constitute or
contain evidence relevant to the petition or the
return, to produce and permit their inspection,
copying or photographing by or on behalf of the
movant.
The production order shall specify the person or persons
authorized to make the production and the date, time, place
and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights
of all parties.
RULE 35 – Summary Judgment
Summary judgment – A procedural device resorted to in
order to avoid long drawn out litigatins and useless delays
where the pleadings on the file show that there are no
genuine issues of fact to be tried.
Genuine issue – is such issue of fact which require
presentation of evidence as distinguished from sham,
fictitious, contrived or false claim.
The lack of genuine issue can also be proved by affidavits,
depositions and admissions presented.
Upon a motion for summary judgment, the court’s sole
function is to determine whether there is an issue of fact to
be tried, and all doubts as to the existence of an issue of fact
must be resolved against the moving party.
Section 1.Summary judgment for claimant. — A party
seeking to recover upon a claim, counterclaim, or cross-
claim or to obtain a declaratory relief may, at any time after
the pleading in answer thereto has been served, move with
supporting affidavits, depositions or admissions for a
summary judgment in his favor upon all or any part thereof.
(1a, R34)
NOTES:
When the claimant may move for summary judgment? – after
the pleading in answer thereto has been served.
The claimant may either seeking to recover:
a) A claim
b) Counterclaim
c) Cross-claim
d) To obtain declaratory relief
The motion must be supported with affidavits, depositions or
admissions for summary judgment.
Section 2.Summary judgment for defending party. — A
party against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory relief is sought may, at any time,
move with supporting affidavits, depositions or admissions
for a summary judgment in his favor as to all or any part
thereof. (2a, R34)
NOTES:
A defendant against whom the claims are asserted may any
time move for summary judgment.
Section 3.Motion and proceedings thereon. — The motion
shall be served at least ten (10) days before the time
specified for the hearing. The adverse party may serve
opposing affidavits, depositions, or admissions at least three
(3) days before the hearing. After the hearing, the judgment
sought shall be rendered forthwith if the pleadings,
supporting affidavits, depositions, and admissions on file,
show that, except as to the amount of damages, there is no
genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law. (3a, R34)
NOTES:
Requirements for summary judgment-
a) Motion shall be served at least 10 days before the
time specified for the hearing
b) The adverse party may serve opposing affidavits,
deposition or admissions at least 3 days before the
hearing.
c) After the hearing, the judgment sought shall be
rendered forthwith if the pleadings, supporting
affidavits, depositions on file, show that there is no
genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of
law. Except – as to the amount of damages.
Even the pleading raised an issue but the affidavits show that
it has no genuine issue, a summary judgment is available.
Section 4.Case not fully adjudicated on motion. — If on
motion under this Rule, judgment is not rendered upon the
whole case or for all the reliefs sought and a trial is
necessary, the court at the hearing of the motion, by
examining the pleadings and the evidence before it and by
interrogating counsel shall ascertain what material facts
exist without substantial controversy and what are actually
and in good faith controverted. It shall thereupon make an
order specifying the facts that appear without substantial
controversy, including the extent to which the amount of
damages or other relief is not in controversy, and directing
such further proceedings in the action as are just. The facts
so specified shall be deemed established, and the trial shall
be conducted on the controverted facts accordingly. (4a,
R34)
NOTES:
If the judgment cannot be rendered on the whole case the
court shall–
1. Ascertain what material facts exist without
substantial controversy and what are actually and in
good faith controverted
2. It shall thereupon make an order specifying the
facts that appear without substantial controversy,
including the extent to which the amount of
damages or other relief is not in controversy
3. Directing such further proceedings in the action as
are just.
4. The facts so specified shall be deemed established,
and the trial shall be conducted on the controverted
facts accordingly.
Section 5.Form of affidavits and supporting papers. —
Supporting and opposing affidavits shall be made on
personal knowledge, shall set forth such facts as would be
admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein.
Certified true copies of all papers or parts thereof referred
to in the affidavit shall be attached thereto or served
therewith. (5a, R34)
Supporting and opposing affidavits shall be made on:
a) Personal knowledge
b) Shall set forth facts as would be admissible in
evidence
c) Show affirmatively that the affiant is competent to
testify as to the matters stated therein
d) Certified true copies of all papers or parts thereof
referred to in the affidavits shall be attached thereto
or served therewith.
Section 6.Affidavits in bad faith. — Should it appear to its
satisfaction at any time that any of the affidavits presented
pursuant to this Rule are presented in bad faith, or solely for
the purpose of delay, the court shall forthwith order the
offending party or counsel to pay to the other party the
amount of the reasonable expenses which the filing of the
affidavits caused him to incur including attorney's fees, it
may, after hearing further adjudge the offending party or
counsel guilty of contempt.
This speaks of:
a) Affidavits in bad faith
b) Solely for the purpose of delay
In which case, the court then shall:
Order the offending party or counsel to pay to the other party
the amount of the reasonable expenses which the filing of
the affidavits caused him to incur including attorney's fees,
It may, after hearing further adjudge the offending party or
counsel guilty of contempt.
JUDGMENT, FINAL ORDERS AND ENTRY THEREOF - RULE 36
Judgment – is the final ruling by a court of competent
jurisdiction regarding the rights or other matters submitted
to it in action or proceeding. It is synonymous with the term
decision.
Constitutional basis of valid judgment –
Sec. 14, Art. II of the Constitution –
“No court shall render a decision without stating clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefore”.
Final order – is an order issued by the court which disposes of
the subject matter in its entirely or terminates a particular
proceeding or action, leaving nothing more to be done except
to enforece by execution what the court has determined, but
the latter does not completely dispose of the case but leave
something else to be decided upon.
For example:
Adjudication non the merits which, on the basis of the
evidence presented at the trial, declares categorically what
the rights and obligations of the parties are and which party is
in the right, or
A judgment or order that diminishes an action on the ground,
for instance, of res judicata or prescription.
Interlocutory order – one that does not finally dispose of the
case and does not end the Court’s task of adjudicating the
parties’ content and determining their rights and liabilities as
regards each other, but obviously indicates that other things
remain to be done by the court.
Interlocutory – refers to something intervening between the
commencement and the end of the suit which decides some
point or matter but is not a final decision for the whole
controversy.
Note – the remedy from interlocutory order is not an appeal
but special civil action of certiorari. The reason is to avoid
multiplicity of appeals in a single action, which necessarily
suspends the hearing and the decision on the merits of the
action during the pendency of the appeals. The grounds are
excess of jurisdiction or grave abuse of discretion.
Grave abuse of discretion – such capricious and whimsical
exercise of judgment that is equivalent to lack of jurisdiction.
Order for support pedente lite is an interlocutory order.
Section 1. Rendition of judgments and final orders. — A
judgment or final order determining the merits of the case
shall be in writing personally and directly prepared by the
judge, stating clearly and distinctly the facts and the law on
which it is based, signed by him, and filed with the clerk of
the court. (1a)
The judgment or order determining the merits of the case
must be:
1. In writing
2. Directly and personally prepared by the judge
3. Stating clearly and distinctly the facts and the law on
which it is based
4. Signed by him
 5. Filed with the clerk of court
The filing of judgment or order with clerk of court constitutes
rendition of judgment.
Two essential parts of a decision:
1. Body – this is where the facts and the law on which it
is based are stated.
2. Decetal portion – the controlling part.
The omission of either makes the judgment in violative of
rules of court and constitution.
Findings of facts – Statement of fact, not to the conclusions of
law. The decision should not only state the ultimate facts but
also should specify the supporting evidentiary facts.
Findings of facts and law are important part of due process.
 Dismissal order must also conform to Sec. 1, Rule 36.
The decision must have something to support it – in absence
of it, it is a patent nullity. It should be struck down and set
aside as void.
Judgment must conform to the pleadings and evidence
presented, and the theory of the action, otherwise illegal
and void.
Efects of lack of jurisdiction on the judgment – it is null and
void and may be attacked anytime. It creates no rights and
produces no effects.
Rule: In case of conflict between the dispositive portion
orfallovs opinion of the court, the falloprevails.
Exception – where the inevitable conclusion from the body of
the decision is so clear as to show that there was a mistake in
the dispositive portion, the body of the decision will prevail.
Re: Fallo-
The fallo or dispositive portion controls the resolution of the
issue. The fallo embodies the court’s decisive action on the
issue/s posed, and is thus the part of the decision that must
be enforced during the execution.
When will the case be considered moot and academic?
A moot and academic case is one that ceases to present a
justiciable controversy by virtue of supervening events, so
that declaration thereon would be of practical use or value.
Section 2. Entry of judgments and final orders. — If no
appeal or motion for new trial or reconsideration is filed
within the time provided in these Rules, the judgment or
final order shall forthwith be entered by the clerk in the
book of entries of judgments. The date of finality of the
judgment or final order shall be deemed to be the date of its
entry. The record shall contain the dispositive part of the
judgment or final order and shall be signed by the clerk,
within a certificate that such judgment or final order has
become final and executory. (2a, 10, R51)
When the entry can be done? – if no appeal or motion for
new trial or reconsideration is filed within the time provided
in the rules.
The date of finality of judgment is the date of its entry. It shall
contain the dispositive part of the judgment, signed by the
clerk with a certificate the judgment has become final and
executorty.
A summary judgment that satisfies the requirements of final
orders shall be considered as res judicata also.
An order or judgment is deemed final when it finally
disposes of pending action, so that nothing more can be
done with it in the trial court.
Immutability of judgment –
A decision that has acquired its finality becomes immutable
and unalterable and may no longer be modified in any
respect, even is the modification is meant to correct
erroneous conclusions of fact or law and whether it will be
made by the court that rendered it or by the highest court of
the land.
Section 3. Judgment for or against one or more of several
parties. — Judgment may be given for or against one or
more of several plaintiffs and for or against one or more of
several defendants. When justice so demands, the court
may require the parties on each side to file adversary
pleadings as between themselves and determine their
ultimate rights and obligations. (3)
Judgment may be given for or against one or more of several
plaintiffs and for or against one or more of several
defendants.
When justice so demands, the court may require the parties
on each side to file adversary pleadings as between
themselves and determine their ultimate rights and
obligations.
Section 4. Several judgments. — In an action against several
defendants, the court may, when a several judgment is
proper, render judgment against one or more of them,
leaving the action to proceed against the others. (4)
In an action against several defendants, -
The court may, when a several judgment is proper, render
judgment against one or more of them, leaving the action to
proceed against the others.
Section 5. Separate judgments. — When more than one 5. Judgment nunc pro tunc
claim for relief is presented in an action, the court, at any 6. Judgment sin perjuico
stage, upon a determination of the issues material to a 7. Judgment by default
particular claim and all counterclaims arising out of the 8. Judgment on pleadings
transaction or occurrence which is the subject matter of the 9. Summary judgments
claim, may render a separate judgment disposing of such 10. Several judgments
claim. The judgment shall terminate the action with respect
11. Separate
to the claim so disposed of and the action shall proceed as
12. Special judgments
to the remaining claims. In case a separate judgment is
13. Judgment for specific acts
rendered the court by order may stay its enforcement until
14. Judgment on demurrer to evidence
the rendition of a subsequent judgment or judgments and
may prescribe such conditions as may be necessary to 15. Conditional judgment
secure the benefit thereof to the party in whose favor the 16. Final judgment
judgment is rendered. (5a) 17. Final and execotry judgment
18. Void judgment
What is the rule? 19. Amended and clarified judgment
When more than one claim for relief is presented in an 20. Supplemental judgment
action, the court, at any stage, upon a determination of the 21. Alternative judgment
issues material to a particular claim and all counterclaims 22. Deficiency judgment
arising out of the transaction or occurrence which is the 23. Declaratory judgment
subject matter of the claim, may render a separate judgment
disposing of such claim

The judgment issued the court shall- 1. Judgment upon compromise –

1. Terminate the action with respect to the claim so A judgment based on a compromise agreement.
disposed of A compromise agreement is a contract whereby the
2. The action shall proceed as to the remaining claims parties , by making reciprocal concessions avoid a
litigation or put an end to one already commenced.
What the court may order?
Requisites –
1. Stay its enforcement until the rendition of a
subsequent judgment or judgments 1. Consent of the contracting parties
2. Prescribe such conditions as may be necessary to 2. Object certain that is the subject matter of
secure the benefit thereof to the party in whose the contract
favor the judgment is rendered 3. Cause of the obligation that is established.
4. The terms and conditions must not be
Section 6. Judgment against entity without juridical contrary to law, morals, good customs,
personality. — When judgment is rendered against two or public policy and public order. Else, it
more persons sued as an entity without juridical personality,
produces no legal effect at all.
the judgment shall set out their individual or proper names,
if known. (6a) Nature – it is immediately final and excutory and
When judgment is rendered against two or more persons cannot be subject to appeal.
sued as an entity without juridical personality, the judgment 2. Judgment by confession –
shall set out their individual or proper names, if known
A judgment made based on the voluntary act of
confession of the defendant himself.
KINDS OF JUDGMENT A judgment by confession is not a plea but an
A2-C4-D4-F-E-M-N-P-S7-V affirmative and voluntary act of the defendant
himself. The court exercises a certain amount of
1. Judgment upon compromise supervision over the entry of judgment, as well as
2. Judgment upon confession equitable jurisdiction over their subsequent status.
3. Judgment upon merits
3. Judgment upon merits-
4. Clarificatory judgment
 A judgment when it amounts to declaration of the
respective rights and duties of the parties base done
the disclosed facts.
4. Clarificatory Judgment-
A judgment made by the court to remove the
ambiguity of an earlier judgment which is difficult to
execute and comply because of ambiguity of terms.
It is done through a motion by a party.
5. Judgment nunc pro tunc (now for then)
The office or function of this judgment is to record
some act of the court done at a former time which
was not then carried into the record, and the power
of the court to make such entries is restricted to
placing upon the record evidence of judicial action
which has been actually taken.
The court has no power to construe what the
judgment means, but only to enter the record of
judgment formerly rendered, but which had not
been entered of record as rendered.
It does not render a new judgment.
6. Judgment sin perjuico
Judgment rendered by the court without prejudice
to the refilling of the case.
7. Judgment by default. ( Sec 3, Rule 9 )
A judgment by default is a judgment rendered by the
court based on the presentation of the plaintiff’s
evidenc ex parte after the defendant has been
declared in default.
A judgment by default is a judgment rendered
against the defendant for his failure to file an
answer.
8. Judgment on pleadings
A judgment based exclusively upon the allegation
appearing in the pleadings of the parties and
annexes, if any, without consideration of any
evidence aliunde.
However, when it appear that all the materials
allegations of the complaint were admitted in the
answer for some of them were either denied or
disputed, and the defendant has set up certain
special defenses which, if proven, would have effect
of nullifying plaintiff’s main cause of action,
judgment on pleadings cannot be rendered.
9. Summary Judgment – Rule 35
A procedural device resorted to in order to avoid
long drawn out litigations and useless delays where
the pleadings on the file show that there are no
genuine issues of fact to be tried.
10. Several Judgment – Sec. 4, Rule 36
It is a judgment rendered by the court whenever
proper in an action against several defendants
against one or more of them, leaving the action to
proceed against the others.
11. Separate Judgment – Sec. 5, Rule 36
It is a judgment rendered by the court when more
than one claim for relief is presented in an action,
the court, at any stage, upon a determination of the
issues material to a particular claim and all
counterclaims arising out of the transaction or
occurrence which is the subject matter of the claim,
may render a separate judgment disposing of such
claim.
12. Special judgments – Sec. 11, Rule 39
When a judgment requires the performance of any
act other than those mentioned in the two
preceding sections, a certified copy of the judgment
shall be attached to the writ of execution and shall
be served by the officer upon the party against
whom the same is rendered, or upon any other
person required thereby, or by law, to obey the
same, and such party or person may be punished for
contempt if he disobeys such judgment. (9a)
The special judgment in this section is one which
requires the performance of any act other than the
payment of money or the sale or delivery of real or
personal property, which a party must personally do
because his personal qualifications and
circumstances have been taken into considered.
Refusal to comply is punishable by contempt.
13. Judgment for specified acts, Sec. 10 Rule 39
It directs a party to execute conveyance of land, or
to deliver deeds or other documents or to perform
any other specific acts in connection there with but
which acts can be performed by persons other than
the said party.
14. Judgment on demurrer to evidence, Rule 33
It is a judgment rendered by the court on the ground
of insufficiency of evidence after the plaintiff has
rested its case. The nature is like motion to dismiss.
15. Conditional judgment
 Where the judgment is indefinite, or requires the
performance of a condition, the court must first
determine whether or not the condition imposed
therein had been complied with before it could issue
writ of execution.
16. Final judgment – Sec. 47 Rule 39
Once a judgment becomes final and executory, all
the issues between the parties are deemed resolved
and laid to rest.
The prevailing party is entitled to a writ of execution,
the issuance of which is the trial court’s ministerial
duty.
17. Final and executor judgment
A final and executor judgment is one rendered by
the court when there is no motion for
reconsideration or appeal is filed, or the same has
already been denied with finality.
What is the remedy? Petition for relief form final
order under Rule 38 on the ground of extrinsinc
fraud and error or jurisdiction.
18. Void judgment
A judgment is null and void when the court which
rendered it had no power to grant the relief or no
jurisdiction over the subject matter or over the
parties or both.
Effects of void judgment – it is a not a decision in
contemplation of law and hence, can never be
executor.
19. Amended and clarified judgment
A judgment in which the lower court makes a
thorough study of the original judgment and renders
the amended and clarified judgment only after
considering all the factual and legal issues.
The amended and clarified decision is an entirely
new decision which supersedes the original decision.
20. Supplemental judgment –
A kind of judgment which serves to bolster or adds
something to the primary decision.
Amended judgment vs Supplemental judgment
21. Alternative judgment
Rule – when the dispositive part of a final order of
decision is definite, clear and unequivocal and can be
wholly given effect without need of interpretation or
construction, the same is considered as the
judgment of the court, to the exclusion of anything
said in the body thereof.
22. Deficiency judgment
A contigent claim and must be filed with probate
court where the settlement of the estate of the
deceased mortgagor is pending, within the period of
time fixed for the filling of claims.
23. Declaratory judgment
Where the petition for declaratory judgment is
coupled with a prayer for issuance of injunction, the
same is equivalent to an action for prohibition
against public officers.
DOCTRINES AND PRINCIPLES OF JUDGMENT
A. Doctrine of immutability of judgment – a decision has
acquired finality becomes immutable and unalterable, and
may no longer be modified in any respect, even if the
modification is meant to correct erroneous conclusions of act
or law and whether it be made by the court that rendered it
or by the highest court of the land.
Exception – nunc pro tuncentries – which cause no prejudice
of any party, void judgments and whenever circumstances
transpire after the finality of the decision which render its
execution unjust and inequitable.
Therefore the exceptions are-
1. Correction of clerical errors
2. Nunc pro tunc entries which cause no prejudice to
any party
3. Void judgments
4. Whenever circumstances transpire after the finality
of the decision which render its execution unjust and
inequitable.
The court loses jurisdiction over the judgment to amend,
except for clerical errors, or alter the same but it retains
jurisdiction to execute it during its lifetime.
Two fold purpose of doctrine of immutability of judgment –
1. To avoid delay in the administration of justice and
thus, procedurally, to make orderly the discharge of
judicial business
2. To put an end to judicial controversies, at the risk of
occasional errors, which precisely why courts exist.
B. RES JUDICATA
A matter adjudged; a thing judicially acted upon or decided;
or a thing or matter settled by judgment.
It lays a rule that an existing final judgment or decree
rendered on merits, without fraud or collusion, by a court of
competent jurisdiction, upon any matter within its
jurisdiction, is conclusive of the rights of the parties or their
privies, in all other actions or suits in the same or any other
judicial tribunal of concurrent jurisdiction on the points and
matters in issue in the first suit.
Two concepts:
1. Barred by prior judgment
2. Conclusiveness of judgment
Requisites for barred by prior judgment-
1. The former judgment or order must be final
2. It must be a judgment on the merits
3. It must have been rendered by a court having
jurisdiction over the subject matter and the parties
4. There must be between the first and second actions,
identity of parties, subject matters and cause of
actions.
If as between the two cases, only the identities of the parties
can be shown, but not identical cause of action, the res
judicata as conclusiveness of judgment applies.
Section 47.Effect of judgments or final orders. — The effect
of a judgment or final order rendered by a court of the
Philippines, having jurisdiction to pronounce the judgment
or final order, may be as follows:
(a) In case of a judgment or final order against a
specific thing, or in respect to the probate of a
will, or the administration of the estate of a
deceased person, or in respect to the personal,
political, or legal condition or status of a
particular person or his relationship to another,
the judgment or final order is conclusive upon
the title to the thing, the will or administration
or the condition, status or relationship of the
person, however, the probate of a will or
granting of letters of administration shall only
be prima facie evidence of the death of the
testator or intestate;
C. CONCLUSIVENESS OF JUDGMENT
Where there is identity of parties in the first and second
cases, but no identity of causes of action the first judgment is
conclusive only as to those matters actually and directly
controverted and determined not as to matters merely
involved therein. This is the concept of res judicata known as
conclusiveness of judgment.
Purpose – if a particular point or question is in issue in the
second action, and the judgment will depend on the
determination of that particular point or question, a former
judgment between th same parties will be final and
conclusive in the second if that same point or question was in
issue and adjudicated in the first suit, but the adjudication in
the first case is not conclusive of an entirely and different and
distinct issue arising in the second.
Effect – the binding effect and enforceability of that earlier
dictum can no longer be re-litigated in a later since the issue
has already been resolved and finally laid to rest in the earlier
case.
D. LAW OF THE CASE
The opinion delivered on a former appeal. It is a term applied
to an established rule that when appellate court passes on a
question and remands the case to the lower court for further
proceedings, the question there settled becomes the law of
the case upon subsequent appeal. It means that whatever is
once irrevocably established as controlling legal rule or
decision between the same parties in the same case continue
to be the law of the case, … so long as the facts on which
such decision was predicated continue to be the facts of the
case before the courts.
Otherwise put, the principles means that the questions of law
that have been previously raised and disposed of in the
proceedings shall be controlling in succeeding instances
where the same legal question is raised, provided that the
facts on which the legal issue was predicated continue to be
the facts of the case before the court.
E. STARE DECISIS
Purpose/Basis – is once of policy grounded on necessity of
securing certainty and stability of judicial decisions.
When a court has laid down a principle of law as applicable to
a certain state of acts, it will adhere to that principle and
apply it to all future cases in which the facts are substantially
the same.
Stare decisiset non quietamovere – Stand by the decions and
disturb not what is settled.
MOTION FOR NEW TRIAL and RECONSIDERATION – Rule 37
Motion for new trial – it is a complete retrial of the case after
judgment has been rendered based on the grounds specified
in the sec. 1, Rule 37.
It is an application for relief requesting that the judge set
aside the judgment and order a new trail on the basis that the
trial was improper or unfair due to the specified errors
occurred.
Cosntitutional basis –
Sec. 14, Art. II of the Constitution –
 “No court shall render a decision without stating
clearly and distinctly the facts and the law on which
it is based.
No petition for review or motion for
reconsideration of a decision of the court shall be
refused due course or denied without stating the
legal basis therefore”.
Purpose of motion for reconsideration – is to point out the
findings and conclusions of the decision which, in the
movant’s view, are not supposed by law or evidence. The
movant is therefore, confined to the amplification or further
discussion of the same issue already passed upon by the
court.
RE: Right of the defendant to file motion for new trial or
reconsideration
The parties may not deprive each other the right to file a
motion for reconsideration or move for a new trial or an
execution pending appeal by immediate filing a notice of
appeal.
Section 1.Grounds of and period for filing motion for new
trial or reconsideration. — Within the period for taking an
appeal, the aggrieved party may move the trial court to set
aside the judgment or final order and grant a new trial for
one or more of the following causes materially affecting the
substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded
against and by reason of which such aggrieved
party has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not,
with reasonable diligence, have discovered and
produced at the trial, and which if presented would
probably alter the result.
Within the same period, the aggrieved party may also move
for reconsideration upon the grounds that the damages
awarded are excessive, that the evidence is insufficient to
justify the decision or final order, or that the decision or
final order is contrary to law. (1a)
New Trial-
When to file? Within the period for taking an appeal.
Grounds –
a) FAME, which ordinary prudence could not have
guarded against and by reason of which such
aggrieved party has been probably impaired in his
rights.
b) Newly discovered evidence, which he could not,
within reasonable diligence have discovered and
produced at the trial, and if presented, would
probably alter the result.
Motion for Reconsideration-
When? Same period
Grounds-
a) Damages awarded are excessive
b) The evidence is insufficient to justify the decision or
final order
c) The decision or final order is contrary to law
RE: Within the period for taking an appeal –
An appeal is being taken by filing a notice of appeal and it is
perfected upon the expiration of the last day of the period to
appeal by any party.
In cases where a record on appeal is required, appeal is taken
by filing a notice of appeal and the record on appeal and the
appeal is perfected upon approval of the record on appeal.
Motion for extension of time to file motion for
reconsideration does not toll the period to appeal,
The extension if proper is the procedural infirmity was not
entirely attributable to the fault or negligence of the
petitioner.
Newly discovered evidence –
These must not be raised for the first time on appeal. Under
the rules of court, the requisites of newly discovered
evidence are:
1. The evidence was discovered after trial
2. Such evidence could not have been discovered and
produced at the trial with reasonable diligence
3. It is material, and not merely cumulative,
corroborative or impeaching, and is of such weight
that, if admitted, will probably change the judgment.
Extrinsic fraud – refers to any fraudulent act of the prevailing
party in litigation which is committed outside the trial of the
case, whereby the unsuccessful party has been prevented
from exhibiting fully his case.
Accident – It is an event that takes place without one’s
foresight or expectation. An event hat proceeded from an
unknown cause; or is unusual effect of a known cause and
therefore, not expected.
Mistake – An error in action, a blunder. An incorrect belief
held by some concerned about a fact involved in a
transaction or a proceeding, or an incorrect opinion about
the law which governs the transactions and proceedings.
Rule – Client is bound by the counsel’s mistake. Exception –
where the lawyer’s gross negligence would result in grave
injustice of depriving his client due process of law.
Excusable negligence – A negligence is excusable where it is
caused by failure to receive notice of the action or trial, by a
genuine and excusable mistake or miscalculation, by reliance
upon assurance given by those upon whom the party had a
right to depend, as the adverse party or counsel retained in
the case, or a competent adviser, that would necessary for
him to take an active part in the case.
Section 2. Contents of motion for new trial or
reconsideration and notice thereof. — The motion shall be
made in writing stating the ground or grounds therefor, a
written notice of which shall be served by the movant on
the adverse party.
A motion for new trial shall be proved in the manner
provided for proof of motion. A motion for the cause
mentioned in paragraph (a) of the preceding section shall be
supported by affidavits of merits which may be rebutted by
affidavits. A motion for the cause mentioned in paragraph
(b) shall be supported by affidavits of the witnesses by
whom such evidence is expected to be given, or by duly
authenticated documents which are proposed to be
introduced in evidence.
A motion for reconsideration shall point out a specifically
the findings or conclusions of the judgment or final order
which are not supported by the evidence or which are
contrary to law making express reference to the testimonial
or documentary evidence or to the provisions of law alleged
to be contrary to such findings or conclusions.
A pro forma motion for new trial or reconsideration shall
not toll the reglementary period of appeal. (2a)
Requirements:
1. Must be in writing
2. Stating the grounds therefor
3. Written notice of which shall be served by the
movant on the adverse party
How to prove- same manner as proving motions
How to prove fraud, accident, mistake and excusable
negligence? It shall be supported by affidavits of merits which
may be rebutted by affidavits.
How to prove newly discovered evidence?
1. Supported by affidavits of the witnesses by whom
such evidence is expected to be given
2. Authenticated documents which are proposed to be
introduced in evidence.
Requirements in filing motions for reconsideration:
1. Point out a specifically the findings or conclusions of
the judgment or final order which are not supported
by the evidence or which are contrary to law
2. Make express reference to the testimonial or
documentary evidence or to the provisions of law
alleged to be contrary to such findings or
conclusions.
Effect of pro forma motion - A pro forma motion for new trial
or reconsideration shall not toll the reglementary period of
appeal
Pro forma – motion as to form only, but lacks validity and
requirements.
Mere reiteration of issues already passed upon does not
make the motion pro forma.
When it is pro forma-
1. It was a second motion for reconsideration
2. Did not comply with the rule that motion must
specify the findings and conclusions alleged to be
contrary to law or not supported by evidence
3. It failed to substantiate the alleged errors, or
4. Merely alleged that the decision in question was
contrary to law
5. The adverse party was not given notice thereof
Prohibition on pro forma motion applies only to final order
and not to interlocutory order.
Affidavit of merit – a sworn statement which states the
nature of character of FAME on which the motion for new
trial is based, or the facts constituting the movant’s good and
substantial defense for valid causes of action.
Effect of the filing of a motion for new trial or consideration –
Sec. 2, Rule 40
Section 2. When to appeal. — An appeal may be
taken within fifteen (15) days after notice to the
appellant of the judgment or final order appealed
from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on
appeal within thirty (30) days after notice of the
judgment or final order.
The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion
 for extension of time to file a motion for new trial or
reconsideration shall be allowed. (n)
Section 3. Action upon motion for new trial or
reconsideration. — The trial court may set aside the
judgment or final order and grant a new trial, upon such
terms as may be just, or may deny the motion. If the court
finds that excessive damages have been awarded or that the
judgment or final order is contrary to the evidence or law, it
may amend such judgment or final order accordingly. (3a)
The actions of the court-
1. Set aside the judgment or final order and grant a
new trial, upon such terms as may be just, o
2. Deny the motion.
3. If the court finds that excessive damages have been
awarded or that the judgment or final order is
contrary to the evidence or law, it may amend such
judgment or final order accordingly
Section 4. Resolution of motion. — A motion for new trial or
reconsideration shall be resolved within thirty (30) days
from the time it is submitted for resolution. (n)
When to be resolved? 30 days from the time it was submitted
for resolution.
Section 5. Second motion for new trial. — A motion for new
trial shall include all grounds then available and those not so
included shall be deemed waived. A second motion for new
trial, based on a ground not existing nor available when the
first motion was made, may be filed within the time herein
provided excluding the time during which the first motion
had been pending.
No party shall be allowed a second motion for
reconsideration of a judgment or final order (4a, 4, IRG)
Therefore, the omnibus motion rule is applicable in motion
for new trial.
Second motion for new trial is allowed, if it is based on a
ground not existing nor available when the first motion was
made, may be filed within the time herein provided excluding
the time during which the first motion had been pending.
Second motion for reconsideration is not allowed under the
above rule.
A motion for reconsideration filed on the amended decision
is not a second motion for reconsideration; Period to appeal
is from the receipt of the order denying the motion for
reconsideration on amended decision.
No second motion for reconsideration in CA. Sec. 2, Rule 52
provides, Section 2. Second motion for reconsideration. —
No second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained. (n)
Thus, a decision is final and executor after 15 days of receipt
of denial of first MR. Exception: If a motion for leave to file an
admit a second motion for reconsideration is granted, the 2 nd
MR is not anymore prohibited.
Sec. 3, Rule 15, Internal Rules of SC - Section 3. Second
motion for reconsideration. – The Court shall not entertain a
second motion for reconsideration, and any exception to this
rule can only be granted in the higher interest of justice by
the Court en banc upon a vote of at least two-thirds of its
actual membership. There is reconsideration "in the higher
interest of justice" when the assailed decision is not only
legally erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and irremediable
injury or damage to the parties. A second motion for
reconsideration can only be entertained before the ruling
sought to be reconsidered becomes final by operation of law
or by the Court’s declaration.
In the Division, a vote of three Members shall be required to
elevate a second motion for reconsideration to the Court En
Banc.
Section 6. Effect of granting of motion for new trial. — If a
new trial is granted in accordance with the provisions of this
Rules the original judgment or final order shall be vacated,
and the action shall stand for trial de novo; but the recorded
evidence taken upon the former trial, insofar as the same is
material and competent to establish the issues, shall be
used at the new trial without retaking the same. (5a)
Effect of granting of motion for new trial
1. Original judgment or final order shall be vacated
2. The action shall stand for trial de novo;
3. The recorded evidence taken upon the former trial,
insofar as the same is material and competent to
establish the issues, shall be used at the new trial
without retaking the same.
Section 7. Partial new trial or reconsideration. — If the
grounds for a motion under this Rule appear to the court to
affect the issues as to only a part, or less than an of the
matter in controversy, or only one, or less than all, of the
parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without
interfering with the judgment or final order upon the rest.
(6a)
Section 8. Effect of order for partial new trial. — When less
than all of the issues are ordered retried, the court may
either enter a judgment or final order as to the rest, or stay
the enforcement of such judgment or final order until after
the new trial. (7a)
Section 9. Remedy against order denying a motion for new judgmentis effectively an appeal from the final order or
trial or reconsideration. — An order denying a motion for judgment itself; and has expressly clarified that the
new trial or reconsideration is not appeallable, the remedy prohibition against appealing an order denying a motion
being an appeal from the judgment or final order. (n) for reconsideration referred only to a denial of a motion for
reconsideration of an interlocutory order.
Amendment on Sec. 1, Rule 41(a) under AM 07-7-12 SC
Procedure in CA on motion for new trial or MR.
Deleted from those judgment or orders which are not
appellable under Sec. 1, Rule 41 “ An order denying a motion An MR may be filed within 15 days from the receipt of notice
for new trial or a motion for reconsideration”. The effect of of judgment or resolution with proof of service on the
the amendment will make the order as a final order and adverse party, Sec.1 Rule 52.
therefore appealable, hence, the remedy is appeal from the
A motion for new trial may be field with CA at any time after
judgment and the order denying the motion for new trial or
the appeal from the lower court has been perfected and
reconsideration.
before the CA loses jurisdiction over the case, Sec. 1, Rule 53.
Therefore, the appeal for denial for motion for
In CA, MR or NT shall be resolve within 90 days from the date
reconsideration is an appeal from final order or judgment
when the court declares it submitted for resolution.
itself.
The pendency of MR filed in time and by proper party shall
Rule 37 (New Trial) Rule 53 ( New Trial )
stay the execution of judgment or final resolution sought to
 Available only in the  Available only in
trial courts, RTC, appellate courts, CA be reconsidered unless the court, for good reasons, shall
MTC, MCTTC  Grounded only on otherwise direct.
 Provides ground for newly discovered
FAME evidence
 Shall be resolved  Shall be resolved PETITION FOR RELIEF FROM JUDGMENT, FINAL ORDERS OR
within 30 days from within 90 days when OTHER PROCEEDINGS UNDER RULE 38.
the date it was the court declares it
submitted for submitted for Petition for relief – a legal remedy whereby a party seeks to
resolution resolution set aside a judgment rendered against him by a court
whenever he was unjustly deprived of hearing or was
prevented from taking an appeal because of FAME.
Rule 37 (MR) Rule 52 ( MR)
 Available only in the  Available only in Nature and grounds –
trial courts, RTC, appellate courts, CA
MTC, MCTTC  Does not provide for The relief provided for is of equitable character, allowed only
 Provides ground for specific grounds in exceptional cases as where there is no other available or
excessive damages,  Shall be resolved adequate remedy.
evidence is within 90 days when
The petition must be filed within 60 days after the petitioner
insufficient to justify the court declares it
the decision, or learns of the judgment, final order, or other proceeding to be
submitted for
decision is contrary resolution set aside, and not more than 6 months after such judgment
to law or final order was entered.
 Shall be resolved
Section 1. Petition for relief from judgment, order, or other
within 30 days from
proceedings. — When a judgment or final order is entered,
the date it was
submitted for or any other proceeding is thereafter taken against a party
resolution in any court through fraud, accident, mistake, or excusable
negligence, he may file a petition in such court and in the
same case praying that the judgment, order or proceeding
MR and NT is prohibited under summary procedures, Sec. be set aside. (2a)
19. Exception – Interlocutory orders.
Final and executor decision can only be annulled by a petition
It is also prohibited on Small Claims, Sec. 14. to annul the same on the ground of extrinsic fraud lack or
jurisdiction, or by a petition for relief from a final order of
MR in Rule 37 vs MR of an interlocutory orders
judgment under the Rule 38.
Indeed, the Court has held that an appeal from an order
Section 2. Petition for relief from denial of appeal. — When
denying a motion for reconsideration of a final order or
a judgment or final order is rendered by any court in a case,
and a party thereto, by fraud, accident, mistake, or
excusable negligence, has been prevented from taking an
appeal, he may file a petition in such court and in the same
case praying that the appeal be given due course. (1a)
Section 3.Time for filing petition; contents and verification.
— A petition provided for in either of the preceding sections
of this Rule must be verified, filed within sixty (60) days
after the petitioner learns of the judgment, final order, or
other proceeding to be set aside, and not more than six (6)
months after such judgment or final order was entered, or
such proceeding was taken, and must be accompanied with
affidavits showing the fraud, accident, mistake, or excusable
negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense,
as the case may be. (3)
Requirements-
1. Verified,
2. Filed within sixty (60) days after the petitioner learns
of the judgment, final order, or other proceeding to
be set aside, and not more than six (6) months after
such judgment or final order was entered, or such
proceeding was taken
3. Must be accompanied with affidavits showing the
fraud, accident, mistake, or excusable negligence
relied upon (Affidavit of merit)
4. State the facts constituting the petitioner's good and
substantial cause of action or defense, as the case
may be. (Affidavit of merit)
Section 4.Order to file an answer. — If the petition is
sufficient in form and substance to justify relief, the court in
which it is filed, shall issue an order requiring the adverse
parties to answer the same within fifteen (15) days from the
receipt thereof. The order shall be served in such manner as
the court may direct, together with copies of the petition
and the accompanying affidavits. (4a)
If the petition is sufficient in form and substance to justify
relief, the court in which it is filed, shall-
1. Shall issue an order requiring the adverse parties to
answer the same within fifteen (15) days from the
receipt thereof.
2. The order shall be served in such manner as the
court may direct, together with copies of the
petition and the accompanying affidavits.
Section 5.Preliminary injunction pending proceedings. —
The court in which the petition is filed may grant such
preliminary injunction as may be necessary for the
preservation of the rights of the parties, upon the filing by
the petitioner of a bond in favor of the adverse party,
conditioned that if the petition is dismissed or the petitioner
fails on the trial of the case upon its merits, he will pay the
adverse party all damages and costs that may be awarded to
him by reason of the issuance of such injunction or the other
proceedings following the petition, but such injunction shall
not operate to discharge or extinguish any lien which the
adverse party may have acquired upon, the property, of the
petitioner. (5a)
Injunction is allowed, but there must be a bond in favor of the
adverse party conditioned that if the petition is dismissed or
the petitioner fails on the trial of the case upon its merits, he
will pay the adverse party all damages and costs that may be
awarded to him by reason of the issuance of such injunction
or the other proceedings following the petition
BUT, such injunction shall not operate to discharge or
extinguish any lien which the adverse party may have
acquired upon, the property, of the petitioner
Section 6.Proceedings after answer is filed. — After the
filing of the answer or the expiration of the period therefor,
the court shall hear the petition and if after such hearing, it
finds that the allegations thereof are not true, the petition
shall be dismissed; but if it finds said allegations to be true,
it shall set aside the judgment or final order or other
proceeding complained of upon such terms as may be just.
Thereafter the case shall stand as if such judgment, final
order or other proceeding had never been rendered, issued
or taken. The court shall then proceed to hear and
determine the case as if a timely motion for a new trial or
reconsideration had been granted by it. (6a)
After the filing of answer or expiration of the period (15 days)
thereof, the court shall-
1. Hear the petition
2. After such hearing, it finds that the allegations
thereof are not true, the petition shall be dismissed;
3. If it finds said allegations to be true, it shall set aside
the judgment or final order or other proceeding
complained of upon such terms as may be just.
Section 7.Procedure where the denial of an appeal is set
aside. — Where the denial of an appeal is set aside, the
lower court shall be required to give due course to the
appeal and to elevate the record of the appealed case as if a
timely and proper appeal had been made. (7a)
Remedy in case of denial of petition for relief –
If petition for relief is denied by the trial court, the remedy
of the petitioner is to file a petition for certiorari under rule
65 pursuant to Rule 41 of rules of Civl Procedure.
Rule 41, Section 1.Subject of appeal. — An appeal may be
taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when
declared by these Rules to be appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or
reconsideration;
(b) An order denying a petition for relief or any
similar motion seeking relief from judgment;
(c) An interlocutory order;
In all the above instances where the judgment or final order
is not appealable, the aggrieved party may file an appropriate
special civil action under Rule 65. (n)
Petition for relief is a prohibited pleading in summary
procedure and small claims.
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS,
RULE 39
Execution – Remedy afforded by law for the enforcement of a
judgment. It’s object is to obtain satisfaction of the judgment
on which the writ is issued. It issues by order of a court a quo,
on motion of the judgment oblige, upon finality or order
sought to be enforced.
Section 1.Execution upon judgments or final orders. —
Execution shall issue as a matter of right, or motion, upon a
judgment or order that disposes of the action or proceeding
upon the expiration of the period to appeal therefrom if no
appeal has been duly perfected. (1a)
If the appeal has been duly perfected and finally resolved,
the execution may forthwith be applied for in the court of
origin, on motion of the judgment obligee, submitting
therewith certified true copies of the judgment or
judgments or final order or orders sought to be enforced
and of the entry thereof, with notice to the adverse party.
The appellate court may, on motion in the same case, when
the interest of justice so requires, direct the court of origin
to issue the writ of execution. (n)
Notes:
Execution shall issue as:
a. A matter of right,
b. Or motion,
Upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected
If the appeal has been duly perfected and finally resolved:
 The execution may forthwith be applied for in the
court of origin,
a. On motion of the judgment obligee,
b. Submitting therewith certified true copies of the
judgment or judgments or final order or orders
sought to be enforced and of the entry thereof,
c. With notice to the adverse party.
The appellate court may:
a. On motion in the same case, when the interest of
justice so requires,
b. Direct the court of origin to issue the writ of
execution. (n)
General rule – Execution as a matter of right, requisites-
1. It will be a matter or right only when,
2. The judgment has become final and executor,
3. When the judgment debtor has renounced or
waived his right of appeal
4. When the period for appeal has lapsed with an
appeal having been filed, the appeal resolved and
the records to the case have been returned to the
court of origin.
Exception to the general rule- Execution pending appeal on
the existence of good reasons. Good reasons are compelling
circumstances that justify the immediate execution lest the
judgment becomes illusory.
Effect of finality – the winning party has the correlative right
to enjoy the finality of the resolution of his case by the
execution and satisfaction of judgment which is the “life of
the law”.
As a rule, once the judgment has become final and executor,
the court cannot refuse to issue a writ of execution, except:
1. When the subsequent facts and circumstances
transpire which render the execution unjust and
impossible
2. On equitable grounds, as when there has been a
change in the situation of parties which makes the
execution equitable
3. Where the judgment has been novated by the
parties
4. When a petition for relief or an action to enjoin the
judgment is filed and a preliminary injunction I
sprayed for and granted
 5. Where the judgment has become dormant, the 5  Said court may, in its discretion, order execution of a
year period under Sec. 6 of this rule having been judgment or final order even before the expiration
expired with judgment being revived. of the period to appeal.
6. Where the judgment turns out to be incomplete.
After the trial court has lost jurisdiction:
Motion for execution need not be served on the defeated
party; granting of writ of execution is a matter of right not a  The motion for execution pending appeal may be
violation of due process. filed in the appellate court.

Issuance of writ of execution is trial court’s ministerial duty Discretionary execution may only issue:
once decision is final
a. Upon good reasons
Mandamus is available in case of execution of final and b. To be stated in a special order after due hearing.
executory judgment. Valenzuela vs Court of Appeals 1993,
226 SCRA 306 Execution of several, separate or partial judgments:

The remedy for issuance of order of execution is Ceriotari a. A several,

under Rule 65, Sec. 1, [5]. b. Separate or
c. Partial judgment
Section 2.Discretionary execution. —
 May be executed under the same terms and
(a) Execution of a judgment or final order pending conditions as execution of a judgment or final order
appeal. — On motion of the prevailing party with pending appeal.
notice to the adverse party filed in the trial court
while it has jurisdiction over the case and is in
Execution pending appeal is a matter of discretion
possession of either the original record or the
record on appeal, as the case may be, at the time of
When an appeal had been duly perfected, execution of the
the filing of such motion, said court may, in its
judgment, whether wholly or partially, was not a matter or
discretion, order execution of a judgment or final
right, but discretion provided good reasons therefor existed.
order even before the expiration of the period to
Associated Anglo-American Tobacco Corporation vs CA, April
appeal.
23, 2010
After the trial court has lost jurisdiction the motion
Good Reasons , meaning – compelling circumstances that
for execution pending appeal may be filed in the
justify immediate execution lest the judgment becomes
appellate court.
illusory.
Discretionary execution may only issue upon good
Requisites for execution pending appeal-
reasons to be stated in a special order after due
hearing.
1. There must be a motion by the prevailing party
2. There must be good reasons for issuing the writ of
(b) Execution of several, separate or partial
execution
judgments. — A several, separate or partial
3. Good reasons must be stated in special order.
judgment may be executed under the same terms
and conditions as execution of a judgment or final
order pending appeal. (2a) Maceda, Jrvs DBP, 313 SCRA 233

Notes: Execution pending appeal is not applicable in a land

registration proceeding. Top Management Programs
Corporation vs Luis Fajardo, June 15, 2011
Execution of a judgment or final order pending appeal:

Residual power of the Court of Appeals, execution pending

a. On motion of the prevailing party
appeal under Rule 42
b. With notice to the adverse party filed in the trial
court
c. While it has jurisdiction over the case and is in Rule 42 of the Rules of Court governs the appeal of a decision
possession of either the original record or the record of the RTC rendered in the exercise if its appellate
on appeal, as the case may be, at the time of the jurisdiction; the appeal is made by filing a petition for review
filing of such motion, with the CA.
Despite the filing of a petition with CA, however, Rule 42 Judgments not stayed by appeal:
grants the RTC residual jurisdiction to order execution
pending appeal, so long as: Judgments in actions for-

1. The CA has not yet given due course to the petition a. Injunction,
2. The requirements of Sec. 2, Rule 39 are observed. b. Receivership,
ALPA-PCM Inc, vs Vincent Bulasao, March 19, 2012 c. Accounting and support, and
d. Such other judgments as are now or may hereafter
Posting of a bond to answer for damage is not alone a be declared to be immediately executory,
sufficient reason, otherwise execution pending appeal could
be obtained through the mere filing of such bond.  Shall be enforceable after their rendition and
 Shall not, be stayed by an appeal taken therefrom,
Section 3.Stay of discretionary execution. — Discretionary
execution issued under the preceding section may be stayed Unless otherwise ordered by the trial court.
upon approval by the proper court of a sufficient
supersedeas bond filed by the party against whom it is On appeal therefrom, the appellate court in its discretion
directed, conditioned upon the performance of the may make an order:
judgment or order allowed to be executed in case it shall be
finally sustained in whole or in part. The bond thus given
a. Suspending,
may be proceeded against on motion with notice to the
b. Modifying,
surety. (3a )
c. Restoring or
d. Granting the injunction, receivership, accounting, or
Notes: award of support.

Discretionary execution issued under the preceding section
may be stayed:
a. Upon approval by the proper court of:
i. A sufficient supersedeas bond
ii. Filed by the party against whom it is
directed,
b. Conditioned upon the performance of the judgment
or order allowed to be executed in case it shall be
finally sustained in whole or in part.
c. The bond thus given may be proceeded against:
The stay of execution shall be:
a. Upon such terms as to bond or
b. Otherwise as may be considered proper for the
security or protection of the rights of the adverse
party.
Moral and exemplary damages and attorney’s fees in intra-
corporate controversy is not immediately executory
AM No. 1-2-04-SC now provides that awards for moral
damages, exemplary damages and attorney’s fees in intra-
corporate controversies are not immediately executory.

i. On motion Section 5.Effect of reversal of executed judgment. — Where

ii. With notice to the surety.
Section 4.Judgments not stayed by appeal. — Judgments in
actions for injunction, receivership, accounting and support,
and such other judgments as are now or may hereafter be
declared to be immediately executory, shall be enforceable
after their rendition and shall not, be stayed by an appeal
taken therefrom, unless otherwise ordered by the trial
court. On appeal therefrom, the appellate court in its
discretion may make an order suspending, modifying,
restoring or granting the injunction, receivership,
accounting, or award of support.
the executed judgment is reversed totally or partially, or
annulled, on appeal or otherwise, the trial court may, on
motion, issue such orders of restitution or reparation of
damages as equity and justice may warrant under the
circumstances. (5a)
Notes:
Effect of reversal of executed judgment. —
Where the executed judgment is:

The stay of execution shall be upon such terms as to bond or a. Reversed totally or partially, or
otherwise as may be considered proper for the security or b. Annulled, on appeal or otherwise,
protection of the rights of the adverse party. (4a)

Notes:
  The trial court may, on motion, issue such orders of
restitution or reparation of damages as equity and
justice may warrant under the circumstances.
Section 6.Execution by motion or by independent action. —
A final and executory judgment or order may be executed
on motion within five (5) years from the date of its entry.
After the lapse of such time, and before it is barred by the
statute of limitations, a judgment may be enforced by
action. The revived judgment may also be enforced by
motion within five (5) years from the date of its entry and
thereafter by action before it is barred by the statute of
limitations. (6a)
Notes:
A final and executory judgment or order may be executed:
a. On motion within five (5) years from the date of its
entry.
b. By action, after the lapse of such time, and before it
is barred by the statute of limitations,
The revived judgment may also be enforced:
a. By motion within five (5) years from the date of its
entry
b. By action before it is barred by the statute of
limitations.
Once a judgment becomes final and executory, the prevailing
party can have it executed as a matter of right by mere
motion within five years from the date of entry of judgment.
If the prevailing party fails to have the decision enforced by a
motion after the lapse of five years, the said judgment is
reduced to a right of action which must be enforced by the
institution of a complaint in regular court within ten years
from the time the judgment becomes final.
Instances of execution by motion after five years; Excluded
period in computing the time for execution
The court held that in computing the time limit for enforcing
a final judgment, the general rule is that there should not be
included the time when the execution is stayed, either by
agreement of the parties for a definite time, by injunction, by
taking of an appeal or writ of error so as to operate as
supersedeas, by death of the party or otherwise.
Any interruption or delay occasioned by the debtor will
extend the time within which the writ may be issued without
scirefacias. Thus, the time during which the execution is
stayed should be excluded, and the said time will be
extended by any delay occasioned by the debtor.
The five year period of execution may be extended
Where the delay is through no fault of the prevailing party
but due to the delay caused or occasioned by actions of the
judgment obligor for his benefit or advantage. Camacho vs
CA, 287 SCRA 311, 1998
Nature of action for revival of judgment
Action for revival of judgment is a new and independent
action, different and distinct from either recovery of the
property case or reconstitution case, wherein the cause of
action is the decision itself and not the merits of the action
upon which judgment is sought to be enforced.
Execution by motion or independent action is not applicable
in a petition for writ of possession
The rule on execution by motion or by independent action
under Sec. 6 Rule 39 applies only to civil actions and not to
special proceedings such as an ex parte petition for the
issuance of writ fo possession as it is not the nature of civil
action. Sps. TopaciovsBanco Filipino Savings and Mortage
Bank, Nov. 17, 2010
Section 7.Execution in case of death of party. — In case of
the death of a party, execution may issue or be enforced in
the following manner:
(a) In case of the death of the judgment obligee,
upon the application of his executor or
administrator, or successor in interest;
(b) In case of the death of the judgment obligor,
against his executor or administrator or successor
in interest, if the judgment be for the recovery of
real or personal property, or the enforcement of a
lien thereon;
(c) In case of the death of the judgment obligor,
after execution is actually levied upon any of his
property, the same may be sold for the satisfaction
of the judgment obligation, and the officer making
the sale shall account to the corresponding
executor or administrator for any surplus in his
hands. (7a)
Notes:
In case of the death of a party, execution may issue or be
enforced in the following manner:
In case of the death of the judgment oblige:
 Upon the application of his
a. Executor or
b. Administrator, or
c. Successor in interest;
In case of the death of the judgment obligor: obligation under the judgment. For this purpose,
the motion for execution shall specify the amounts
 Against his : of the foregoing reliefs sought by the movant.(8a)
o Executor or
o Administrator or Notes:
o Successor in interest,
 If the judgment be for the recovery The writ of execution shall:
of real or personal property, or the
enforcement of a lien thereon; a. Issue in the name of the Republic of the Philippines
from the court which granted the motion;
In case of the death of the judgment obligor, after execution b. State the name of the court, the case number and
is actually levied upon any of his property, the same may be: title, the dispositive part of the subject judgment or
order; and
 Sold for the satisfaction of the judgment obligation, c. Require the sheriff or other proper officer to whom
and the officer making the sale shall account to the it is directed to enforce the writ according to its
corresponding executor or administrator for any terms, in the manner hereinafter provided:
surplus in his hands. (7a)
If the execution be against the property of the judgment
Section 8.Issuance, form and contents of a writ of execution. obligor:
— The writ of execution shall: (1) issue in the name of the
Republic of the Philippines from the court which granted the  To satisfy the judgment, with interest, out of the real
motion; (2) state the name of the court, the case number or personal property of such judgment obligor;
and title, the dispositive part of the subject judgment or
order; and (3) require the sheriff or other proper officer to If it be against real or personal property in the hands of:
whom it is directed to enforce the writ according to its
terms, in the manner hereinafter provided: a. Personal representatives,
b. Heirs,
(a) If the execution be against the property of the c. Devisees,
judgment obligor, to satisfy the judgment, with d. Legatees,
interest, out of the real or personal property of e. Tenants, or
such judgment obligor; f. Trustees of the judgment obligor

(b) If it be against real or personal property in the  to satisfy the judgment, with interest, out of such
hands of personal representatives, heirs, devisees, property;
legatees, tenants, or trustees of the judgment
obligor, to satisfy the judgment, with interest, out
If it be for the sale of real or personal property:
of such property;
 To sell such property describing it, and
(c) If it be for the sale of real or personal property
to sell such property describing it, and apply the
proceeds in conformity with the judgment, the a. Apply the proceeds in conformity with the
material parts of which shall be recited in the writ judgment,
of execution; b. The material parts of which shall be recited
in the writ of execution;
(d) If it be for the delivery of the possession of real
or personal property, to deliver the possession of If it be for the delivery of the possession of real or personal
the same, describing it, to the party entitled property:
thereto, and to satisfy any costs, damages, rents, or
profits covered by the judgment out of the personal  to deliver the possession of the same, describing it,
property of the person against whom it was to the party entitled thereto, and
rendered, and if sufficient personal property cannot  to satisfy any
be found, then out of the real property; and
a. costs, damages,
(e) In all cases, the writ of execution shall b. rents, or
specifically state the amount of the interest, costs, c. profits covered by the judgment
damages, rents, or profits due as of the date of the out of the personal property of the
issuance of the writ, aside from the principal
 person against whom it was
rendered,
i. and if sufficient personal
property cannot be found,
then out of the real
property; and
In all cases, the writ of execution shall:
 Specifically state the amount of the interest, costs,
damages, rents, or profits due as of the date of the
issuance of the writ, aside from the principal
obligation under the judgment.
For this purpose, the motion for execution shall:
 Specify the amounts of the foregoing reliefs sought
by the movant.
As a general rule, the wit of execution must conform to the
dispositive portion of the decision. Order of execution which
varies the tenor of the judgment is viod. Sps. GolezvsSps.
Navarro, June 30, 2013
In conjunction with Sec. 11, Rule 51.
Section 11.Execution of judgment. — Except where the
judgment or final order or resolution, or a portion thereof, is
ordered to be immediately executory, the motion for its
execution may only be filed in the proper court after its
entry.
In original actions in the Court of Appeals, its writ of
execution shall be accompanied by a certified true copy of
the entry of judgment or final resolution and addressed to
any appropriate officer for its enforcement.
In appealed cases, where the motion for execution pending
appeal is filed in the Court of Appeals at a time that it is in
possession of the original record or the record on appeal,
the resolution granting such motion shall be transmitted to
the lower court from which the case originated, together
with a certified true copy of the judgment or final order to
be executed, with a directive for such court of origin to issue
the proper writ for its enforcement. (n)
Notes:
General rule - the motion for its execution may only be filed
in the proper court after its entry.
Exception - where the judgment or final order or resolution,
or a portion thereof, is ordered to be immediately executory,
In original actions in the Court of Appeals, its writ of
execution shall:
a. Be accompanied by a certified true copy of the entry
of judgment or final resolution and
b. Addressed to any appropriate officer for its
enforcement.
In appealed cases, where the motion for execution pending
appeal is filed in the Court of Appeals at a time that it is in
possession of the original record or the record on appeal, the
resolution granting such motion shall:
 be transmitted to the lower court from which the
case originated-
a. Together with a certified true copy of the judgment
or final order to be executed,
b. With a directive for such court of origin to issue the
proper writ for its enforcement.
It is a well settled rule that a writ of execution should strictly
conform to every essential particular of the promulgated
judgment – as indicated in the dispositive portion (fallo)
thereof – since ti is that portion of the decision that actually
constitutes the resolution of the court.
Consequently, even if there is a conflict between the
dispositive portion and opinion of the court contained in the
body of the decision, it would be the dispositive portion hat
would be controlling regardless of what was stated in the
opinion.
Section 9.Execution of judgments for money, how enforced.
—
(a) Immediate payment on demand. — The officer
shall enforce an execution of a judgment for money
by demanding from the judgment obligor the
immediate payment of the full amount stated in
the writ of execution and all lawful fees. The
judgment obligor shall pay in cash, certified bank
check payable to the judgment obligee, or any
other form of payment acceptable to the latter, the
amount of the judgment debt under proper receipt
directly to the judgment obligee or his authorized
representative if present at the time of payment.
The lawful fees shall be handed under proper
receipt to the executing sheriff who shall turn over
the said amount within the same day to the clerk of
court of the court that issued the writ.
If the judgment obligee or his authorized
representative is not present to receive payment,
the judgment obligor shall deliver the aforesaid
payment to the executing sheriff. The latter shall
turn over all the amounts coming into his
possession within the same day to the clerk of
court of the court that issued the writ, or if the
same is not practicable, deposit said amounts to a
fiduciary account in the nearest government
depository bank of the Regional Trial Court of the
locality.
The clerk of said court shall thereafter arrange for
the remittance of the deposit to the account of the
court that issued the writ whose clerk of court shall
then deliver said payment to the judgment obligee
in satisfaction of the judgment. The excess, if any,
shall be delivered to the judgment obligor while the
lawful fees shall be retained by the clerk of court
for disposition as provided by law. In no case shall
the executing sheriff demand that any payment by
check be made payable to him.
(b) Satisfaction by levy. — If the judgment obligor
cannot pay all or part of the obligation in cash,
certified bank check or other mode of payment
acceptable to the judgment obligee, the officer
shall levy upon the properties of the judgment
obligor of every kind and nature whatsoever which
may be disposed, of for value and not otherwise
exempt from execution giving the latter the option
to immediately choose which property or part
thereof may be levied upon, sufficient to satisfy the
judgment. If the judgment obligor does not exercise
the option, the officer shall first levy on the
personal properties, if any, and then on the real
properties if the personal properties are insufficient
to answer for the judgment.
The sheriff shall sell only a sufficient portion of the
personal or real property of the judgment obligor
which has been levied upon.
When there is more property of the judgment
obligor than is sufficient to satisfy the judgment
and lawful fees, he must sell only so much of the
personal or real property as is sufficient to satisfy
the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and
other personal property, or any interest in either
real or personal property, may be levied upon in
like manner and with like effect as under a writ of
attachment.
(c) Garnishment of debts and credits. — The officer
may levy on debts due the judgment obligor and
other credits, including bank deposits, financial
interests, royalties, commissions and other
personal property not capable of manual delivery in
the possession or control of third parties. Levy shall
be made by serving notice upon the person owing
such debts or having in his possession or control
such credits to which the judgment obligor is
entitled. The garnishment shall cover only such
amount as will satisfy the judgment and all lawful
fees.
The garnishee shall make a written report to the
court within five (5) days from service of the notice
of garnishment stating whether or not the
judgment obligor has sufficient funds or credits to
satisfy the amount of the judgment. If not, the
report shall state how much funds or credits the
garnishee holds for the judgment obligor. The
garnished amount in cash, or certified bank check
issued in the name of the judgment obligee, shall
be delivered directly to the judgment obligee
within ten (10) working days from service of notice
on said garnishee requiring such delivery, except
the lawful fees which shall be paid directly to the
court.
In the event there are two or more garnishees
holding deposits or credits sufficient to satisfy the
judgment, the judgment obligor, if available, shall
have the right to indicate the garnishee or
garnishees who shall be required to deliver the
amount due, otherwise, the choice shall be made
by the judgment obligee.
The executing sheriff shall observe the same
procedure under paragraph (a) with respect to
delivery of payment to the judgment obligee. (8a,
15a)
Section 10.Execution of judgments for specific act. —
(a) Conveyance, delivery of deeds, or other specific
acts; vesting title. — If a judgment directs a party
to execute a conveyance of land or personal
property, or to deliver deeds or other documents,
or to perform, any other specific act in connection
therewith, and the party fails to comply within the
time specified, the court may direct the act to be
done at the cost of the disobedient party by some
other person appointed by the court and the act
when so done shall have like effect as if done by
the party. If real or personal property is situated
within the Philippines, the court in lieu of directing
a conveyance thereof may by an order divest the
title of any party and vest it in others, which shall
have the force and effect of a conveyance executed
in due form of law. (10a)
(b) Sale of real or personal property. — If the
judgment be for the sale of real or personal
property, to sell such property, describing it, and
apply the proceeds in conformity with the
judgment. (8[c]a)
 (c) Delivery or restitution of real property. — The
officer shall demand of the person against whom
the judgment for the delivery or restitution of real
property is rendered and all persons claiming rights
under him to peaceably vacate the property within
three (3) working days, and restore possession
thereof to the judgment obligee, otherwise, the
officer shall oust all such persons therefrom with
the assistance, if necessary, of appropriate peace
officers, and employing such means as may be
reasonably necessary to retake possession, and
place the judgment obligee in possession of such
property. Any costs, damages, rents or profits
awarded by the judgment shall be satisfied in the
same manner as a judgment for money. (13a)
(d) Removal of improvements on property subject
of execution. — When the property subject of the
execution contains improvements constructed or
planted by the judgment obligor or his agent, the
officer shall not destroy, demolish or remove said
improvements except upon special order of the
court, issued upon motion of the judgment obligee
after the hearing and after the former has failed to
remove the same within a reasonable time fixed by
the court. (14a)
(e) Delivery of personal property. — In judgment
for the delivery of personal property, the officer
shall take possession of the same and forthwith
deliver it to the party entitled thereto and satisfy
any judgment for money as therein provided. (8a)
Immediate payment on demand. —
The officer shall enforce an execution of a judgment for
money by:
 Demanding from the judgment obligor the
immediate payment of the full amount stated in the
writ of execution and all lawful fees.
The judgment obligor shall-
a. Pay in cash,
b. Certified bank check payable to the judgment
obligee,
c. Or any other form of payment acceptable to the
latter,
 The amount of the judgment debt under
proper receipt directly to the judgment
obligee or his authorized representative if
present at the time of payment.
The lawful fees shall be-
 Handed under proper receipt to the executing sheriff
who shall turn over the said amount within the same
day to the clerk of court of the court that issued the
writ.
If the judgment obligee or his authorized representative is
not present to receive payment, the judgment obligor shall-
 Deliver the aforesaid payment to the executing
sheriff.
a. The latter shall turn over all the amounts
coming into his possession within the same
day to the clerk of court of the court that
issued the writ, or
b. if the same is not practicable, deposit said
amounts to a fiduciary account in the
nearest government depository bank of the
Regional Trial Court of the locality.
The clerk of said court shall:
 Thereafter arrange for the remittance of the deposit
to the account of the court that issued the writ
whose clerk of court shall then deliver said payment
to the judgment obligee in satisfaction of the
judgment.
The excess, if any, shall:
a. Be delivered to the judgment obligor
While the lawful fees shall:
 Be retained by the clerk of court for disposition as
provided by law.
In no case shall the executing sheriff demand that any
payment by check be made payable to him.
Satisfaction by levy. —
If the judgment obligor cannot pay all or part of the
obligation in cash, certified bank check or other mode of
payment acceptable to the judgment obligee, the officer
shall:
 Levy upon the properties of the judgment obligor of
every kind and nature whatsoever which may be
disposed,
a. Of for value and
b. Not otherwise exempt from execution
 Giving the latter the option to immediately choose
which property or part thereof may be levied upon,
sufficient to satisfy the judgment.
If the judgment obligor does not exercise the option,
  The officer shall first levy on the
a. Personal properties, if any, and then on the
b. Real properties if the personal properties
are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal
or real property of the judgment obligor which has been
levied upon.
When there is more property of the judgment obligor than is
sufficient to satisfy the judgment and lawful fees,
 He must sell only so much of the personal or real
property as is sufficient to satisfy the judgment and
lawful fees.
Real property, stocks, shares, debts, credits, and other
personal property, or any interest in either real or personal
property,
 May be levied upon in like manner and with like
effect as under a writ of attachment.
Garnishment of debts and credits. —
The officer may levy on:
a. Debts due the judgment obligor and
b. Credits, including bank deposits, financial interests,
royalties, commissions and
c. Personal property not capable of manual delivery in
the possession or control of third parties.
Levy shall be made by:
 Serving notice upon the
a. Person owing such debts or
b. Having in his possession or control such
credits to which the judgment obligor is
entitled.
 The garnishment shall cover only such amount as
will satisfy the judgment and all lawful fees.
The garnishee shall:
 Make a written report to the court within five (5)
days from service of the notice of garnishment
stating whether or not the judgment obligor has
sufficient funds or credits to satisfy the amount of
the judgment.
If not, the report shall state how much funds or credits the
garnishee holds for the judgment obligor.
The garnished amount in cash, or certified bank check issued
in the name of the judgment obligee, shall be
 Delivered directly to the judgment obligee within ten
(10) working days from service of notice on said
garnishee requiring such delivery, except the lawful
fees which shall be paid directly to the court.
In the event there are two or more garnishees holding
deposits or credits sufficient to satisfy the judgment, the
judgment obligor, if available,
 Shall have the right to indicate the garnishee or
garnishees who shall be required to deliver the
amount due, otherwise, the choice shall be made by
the judgment obligee.
The executing sheriff shall observe the same procedure under
paragraph (a) with respect to delivery of payment to the
judgment obligee.
Section 10. Execution of judgments for specific act. —
(a) Conveyance, delivery of deeds, or other specific acts;
vesting title. — If a judgment directs a party to execute a
conveyance of land or personal property, or to deliver deeds
or other documents, or to perform, any other specific act in
connection therewith, and the party fails to comply within
the time specified, the court may direct the act to be done
at the cost of the disobedient party by some other person
appointed by the court and the act when so done shall have
like effect as if done by the party. If real or personal
property is situated within the Philippines, the court in lieu
of directing a conveyance thereof may by an order divest
the title of any party and vest it in others, which shall have
the force and effect of a conveyance executed in due form
of law. (10a)
(b) Sale of real or personal property. — If the judgment be
for the sale of real or personal property, to sell such
property, describing it, and apply the proceeds in
conformity with the judgment. (8[c]a)
(c) Delivery or restitution of real property. — The officer
shall demand of the person against whom the judgment for
the delivery or restitution of real property is rendered and
all persons claiming rights under him to peaceably vacate
the property within three (3) working days, and restore
possession thereof to the judgment obligee, otherwise, the
officer shall oust all such persons therefrom with the
assistance, if necessary, of appropriate peace officers, and
employing such means as may be reasonably necessary to
retake possession, and place the judgment obligee in
possession of such property. Any costs, damages, rents or
profits awarded by the judgment shall be satisfied in the
same manner as a judgment for money. (13a)
(d) Removal of improvements on property subject of
execution. — When the property subject of the execution
contains improvements constructed or planted by the
judgment obligor or his agent, the officer shall not destroy,
demolish or remove said improvements except upon special
order of the court, issued upon motion of the judgment
obligee after the hearing and after the former has failed to
remove the same within a reasonable time fixed by the
court. (14a)
(e) Delivery of personal property. — In judgment for the
delivery of personal property, the officer shall take
possession of the same and forthwith deliver it to the party
entitled thereto and satisfy any judgment for money as
therein provided. (8a)
Notes:
Conveyance, delivery of deeds, or other specific acts; vesting
title. —
If a judgment directs a party to execute:
1. A conveyance of land or personal property, or
2. To deliver deeds or other documents, or
3. To perform, any other specific act in connection
therewith,
 And the party fails to comply within the time
specified,
 The court may direct the act to be done at the cost
of the disobedient party by some other person
appointed by the court and the act when so done
shall have like effect as if done by the party.
If real or personal property is situated within the Philippines,
 the court in lieu of directing a conveyance thereof
may by an order divest the title of any party and vest
it in others, which shall have the force and effect of a
conveyance executed in due form of law. (10a)
Sale of real or personal property. —
If the judgment be for the sale of real or personal property,
1. To sell such property, describing it, and
2. Apply the proceeds in conformity with the judgment.
(8[c]a)
(c) Delivery or restitution of real property. —
1. The officer shall demand of the person against whom
the judgment for the delivery or restitution of real
property is rendered and all persons claiming rights
under him to peaceably vacate the property within
three (3) working days, and
2. Restore possession thereof to the judgment obligee,
Otherwise, the officer shall:
a. Oust all such persons therefrom with the assistance,
if necessary, of appropriate peace officers, and
b. Employing such means as may be reasonably
necessary to retake possession, and place the
judgment obligee in possession of such property.
c. Any costs, damages, rents or profits awarded by the
judgment shall be satisfied in the same manner as a
judgment for money. (13a)
(d) Removal of improvements on property subject of
execution. —
When the property subject of the execution contains
improvements constructed or planted by the judgment
obligor or his agent,:
 The officer shall not destroy, demolish or remove
said improvements
Except upon:
1. Special order of the court,
2. Issued upon motion of the judgment obligee
3. After the hearing and
4. After the former has failed to remove the same
within a reasonable time fixed by the court. (14a)
(e) Delivery of personal property. —
In judgment for the delivery of personal property,
 The officer shall take possession of the same and
forthwith deliver it to the party entitled thereto and
satisfy any judgment for money as therein provided.
(8a)
Section 11.Execution of special judgments. — When a
judgment requires the performance of any act other than
those mentioned in the two preceding sections, a certified
copy of the judgment shall be attached to the writ of
execution and shall be served by the officer upon the party
against whom the same is rendered, or upon any other
person required thereby, or by law, to obey the same, and
such party or person may be punished for contempt if he
disobeys such judgment. (9a)
When a judgment requires the performance of any act other
than those mentioned in the two preceding sections,-
 1. Aa certified copy of the judgment shall be attached
to the writ of execution and
2. Shall be served by the officer upon the party against
whom the same is rendered, or upon any other
person required thereby, or by law, to obey the
same, and
3. Such party or person may be punished for contempt
if he disobeys such judgment. (9a)
Section 12.Effect of levy on execution as to third person. —
The levy on execution shall create a lien in favor of the
judgment obligee over the right, title and interest of the
judgment obligor in such property at the time of the levy,
subject to liens and encumbrances then existing. (16a)
The levy on execution shall:
1. Create a lien in favor of the judgment obligee over
the right, title and interest of the judgment obligor in
such property at the time of the levy,
2. Subject to liens and encumbrances then existing.
(16a)
Section 13.Property exempt from execution. — Except as
otherwise expressly provided by law, the following
property, and no other, shall be exempt from execution:
(a) The judgment obligor's family home as provided
by law, or the homestead in which he resides, and
land necessarily used in connection therewith;
(b) Ordinary tools and implements personally used
by him in his trade, employment, or livelihood;
(c) Three horses, or three cows, or three carabaos,
or other beasts of burden, such as the judgment
obligor may select necessarily used by him in his
ordinary occupation;
(d) His necessary clothing and articles for ordinary
personal use, excluding jewelry;
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
judgment obligor may select, of a value not
exceeding one hundred thousand pesos;
(f) Provisions for individual or family use sufficient
for four months;
(g) The professional libraries and equipment of
judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers, and
other professionals, not exceeding three hundred
thousand pesos in value;
(h) One fishing boat and accessories not exceeding
the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of
which he earns his livelihood;
(i) So much of the salaries, wages, or earnings of
the judgment obligor for his personal services
within the four months preceding the levy as are
necessary for the support of his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities
accruing or in any manner growing out of any life
insurance;
(l) The right to receive legal support, or money or
property obtained as such support, or any pension
or gratuity from the Government;
(m) Properties specially exempted by law.
But no article or species of property mentioned in this
section shall be exempt from execution issued upon a
judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon. (12a)
Except as otherwise expressly provided by law, the following
property, and no other, shall be exempt from execution:
(a) The judgment obligor's family home as provided
by law, or the homestead in which he resides, and
land necessarily used in connection therewith;
(b) Ordinary tools and implements personally used
by him in his trade, employment, or livelihood;
(c) Three horses, or three cows, or three carabaos,
or other beasts of burden, such as the judgment
obligor may select necessarily used by him in his
ordinary occupation;
(d) His necessary clothing and articles for ordinary
personal use, excluding jewelry;
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
judgment obligor may select, of a value not
exceeding one hundred thousand pesos;
(f) Provisions for individual or family use sufficient
for four months;
(g) The professional libraries and equipment of
judges, lawyers, physicians, pharmacists, dentists,
 engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding three hundred
thousand pesos in value;
(h) One fishing boat and accessories not exceeding
the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of
which he earns his livelihood;
(i) So much of the salaries, wages, or earnings of the
judgment obligor for his personal services within
the four months preceding the levy as are necessary
for the support of his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities accruing
or in any manner growing out of any life insurance;
(l) The right to receive legal support, or money or
property obtained as such support, or any pension
or gratuity from the Government;
(m) Properties specially exempted by law.
But no article or species of property mentioned in this section
shall be exempt from execution issued upon a judgment
recovered for its price or upon a judgment of foreclosure of
a mortgage thereon. (12a)
Section 14.Return of writ of execution. — The writ of
execution shall be returnable to the court issuing it
immediately after the judgment has been satisfied in part or
in full. If the judgment cannot be satisfied in full within thirty
(30) days after his receipt of the writ, the officer shall report
to the court and state the reason therefor. Such writ shall
continue in effect during the period within which the
judgment may be enforced by motion. The officer shall make
a report to the court every thirty (30) days on the
proceedings taken thereon until the judgment is satisfied in
full, or its effectivity expires. The returns or periodic reports
shall set forth the whole of the proceedings taken, and shall
be filed with the court and copies thereof promptly furnished
the parties. (11a)
Section 15.Notice of sale of property on execution. — Before
the sale of property on execution, notice thereof must be
given as follows:
(a) In case of perishable property, by posting written
notice of the time and place of the sale in three (3)
public places, preferably in conspicuous areas of the
municipal or city hall, post office and public market
in the municipality or city where the sale is to take
place, for such time as may be reasonable,
considering the character and condition of the
property;
(b) In case of other personal property, by posting a
similar notice in the three (3) public places above-
mentioned for not less than five (5) days;
(c) In case of real property, by posting for twenty
(20) days in the three (3) public places
abovementioned a similar notice particularly
describing the property and stating where the
property is to be sold, and if the assessed value of
the property exceeds fifty thousand (P50,000.00)
pesos, by publishing a copy of the notice once a
week for two (2) consecutive weeks in one
newspaper selected by raffle, whether in English,
Filipino, or any major regional language published,
edited and circulated or, in the absence thereof,
having general circulation in the province or city;
(d) In all cases, written notice of the sale shall be
given to the judgment obligor, at least three (3) days
before the sale, except as provided in paragraph (a)
hereof where notice shall be given the same manner
as personal service of pleadings and other papers as
provided by section 6 of Rule 13.
The notice shall specify the place, date and exact time of the
sale which should not be earlier than nine o'clock in the
morning and not later than two o'clock in the afternoon. The
place of the sale may be agreed upon by the parties. In the
absence of such agreement, the sale of the property or
personal property not capable of manual delivery shall be
held in the office of the clerk of court of the Regional Trial
Court or the Municipal Trial Court which issued the writ of or
which was designated by the appellate court. In the case of
personal property capable of manual delivery, the sale shall
be held in the place where the property is located. (18a)
Section 16.Proceedings where property claimed by third
person. — If the property levied on is claimed by any person
other than the judgment obligor or his agent, and such
person makes an affidavit of his title thereto or right to the
possession thereof, stating the grounds of such right or title,
and serves the same upon the officer making the levy and
copy thereof, stating the grounds of such right or tittle, and a
serves the same upon the officer making the levy and a copy
thereof upon the judgment obligee, the officer shall not be
bound to keep the property, unless such judgment obligee,
on demand of the officer, files a bond approved by the court
to indemnity the third-party claimant in a sum not less than
the value of the property levied on. In case of disagreement
as to such value, the same shall be determined by the court
issuing the writ of execution. No claim for damages for the
taking or keeping of the property may be enforced against
the bond unless the action therefor is filed within one
hundred twenty (120) days from the date of the filing of the
bond.
The officer shall not be liable for damages for the taking or
keeping of the property, to any third-party claimant if such
bond is filed. Nothing herein contained shall prevent such
claimant or any third person from vindicating his claim to the
property in a separate action, or prevent the judgment
obligee from claiming damages in the same or a separate
action against a third-party claimant who filed a frivolous or
plainly spurious claim.
When the writ of execution is issued in favor of the Republic
of the Philippines, or any officer duly representing it, the filing
of such bond shall not be required, and in case the sheriff or
levying officer is sued for damages as a result of the levy, he
shall be represented by the Solicitor General and if held liable
therefor, the actual damages adjudged by the court shall be
paid by the National Treasurer out of such funds as may be
appropriated for the purpose. (17a)
Section 17.Penalty for selling without notice, or removing or
defacing notice. — An officer selling without the notice
prescribed by section 15 of this Rule shall be liable to pay
punitive damages in the amount of five thousand (P5,000.00)
pesos to any person injured thereby, in addition to his actual
damages, both to be recovered by motion in the same action;
and a person willfully removing or defacing the notice posted,
if done before the sale, or before the satisfaction of the
judgment if it be satisfied before the sale, shall be liable to
pay five thousand (P5,000.00) pesos to any person injured by
reason thereof, in addition to his actual damages, to be
recovered by motion in the same action. (19a)
Section 18.No sale if judgment and costs paid. — At any time
before the sale of property on execution, the judgment
obligor may prevent the sale by paying the amount required
by the execution and the costs that have been incurred
therein. (20a)
Section 19.How property sold on execution; who may direct
manner and order of sale. — All sales of property under
execution must be made at public auction, to the highest
bidder, to start at the exact time fixed in the notice. After
sufficient property has been sold to satisfy the execution, no
more shall be sold and any excess property or proceeds of the
sale shall be promptly delivered to the judgment obligor or
his authorized representative, unless otherwise directed by
the judgment or order of the court. When the sale is of real
property, consisting of several known lots, they must be sold
separately; or, when a portion of such real property is
claimed by a third person, he may require it to be sold
separately. When the sale is of personal property capable of
manual delivery, it must be sold within view of those
attending the same and in such parcels as are likely to bring
the highest price. The judgment obligor, if present at the sale,
may direct the order in which property, real or personal shall
be sold, when such property consists of several known lots or
parcels which can be sold to advantage separately. Neither
the officer conducting the execution sale, nor his deputies,
can become a purchaser, nor be interested directly or
indirectly in any purchase at such sale. (21a)
Section 20.Refusal of purchaser to pay. — If a purchaser
refuses to pay the amount bid by him for property struck off
to him at a sale under execution, the officer may again sell
the property to the highest bidder and shall not be
responsible for any loss occasioned thereby; but the court
may order the refusing purchaser to pay into the court the
amount of such loss, with costs, and may punish him for
contempt if he disobeys the order. The amount of such
payment shall be for the benefit of the person entitled to the
proceeds of the execution, unless the execution has been
fully satisfied, in which event such proceeds shall be for the
benefit of the judgment obligor. The officer may thereafter
reject any subsequent bid of such purchaser who refuses to
pay. (22a)
Section 21.Judgment obligee as purchaser. — When the
purchaser is the judgment obligee, and no third-party claim
has been filed, he need not pay the amount of the bid if it
does not exceed the amount of his judgment. If it does, he
shall pay only the excess. (23a)
Section 22.Adjournment of sale. — By written consent of the
judgment obligor and obligee, or their duly authorized
representatives, the officer may adjourn the sale to any date
and time agreed upon by them. Without such agreement, he
may adjourn the sale from day to day if it becomes necessary
to do so for lack of time to complete the sale on the day fixed
in the notice or the day to which it was adjourned. (24a)
Section 23.Conveyance to purchaser of personal property
capable of manual delivery. — When the purchaser of any
personal property, capable of manual delivery, pays the
purchase price, the officer making the sale must deliver the
property to the purchaser and, if desired, execute and deliver
to him a certificate of sale. The sale conveys to the purchaser
all the rights which the judgment obligor had in such property
as of the date of the levy on execution or preliminary
attachment. (25a)
Section 24.Conveyance to purchaser of personal property not
capable of manual delivery. — When the purchaser of any
personal property, not capable of manual delivery, pays the
purchase price, the officer making the sale must execute and
deliver to the purchaser a certificate of sale. Such certificate
conveys to the purchaser all the rights which the judgment
obligor had in such property as of the date of the levy on
execution or preliminary attachment. (26a)
Section 25.Conveyance of real property; certificate thereof
given to purchaser and filed with registry of deeds. — Upon a
sale of real property, the officer must give to the purchaser a
certificate of sale containing:
(a) A particular description of the real property sold;
 (b) The price paid for each distinct lot or parcel;
(c) The whole price paid by him;
(d) A statement that the right of redemption expires
one (1) year from the date of the registration of the
certificate of sale.
Such certificate must be registered in the registry of deeds of
the place where the property is situated. (27 a)
Section 26.Certificate of sale where property claimed by third
person. — When a property sold by virtue of a writ of
execution has been claimed by a third person, the certificate
of sale to be issued by the sheriff pursuant to sections 23, 24
and 25 of this Rule shall make express mention of the
existence of such third-party claim. (28a)
Section 27.Who may redeem real property so sold. — Real
property sold as provided in the last preceding section, or any
part thereof sold separately, may be redeemed in the manner
hereinafter provided, by the following persons:
(a) The judgment obligor; or his successor in interest
in the whole or any part of the property;
(b) A creditor having a lien by virtue of an
attachment, judgment or mortgage on the property
sold, or on some part thereof, subsequent to the lien
under which the property was sold. Such redeeming
creditor is termed a redemptioner. (29a)
Section 28.Time and manner of, and amounts payable on,
successive redemptions; notice to be given and filed. — The
judgment obligor, or redemptioner, may redeem the
property from the purchaser, at any time within one (1) year
from the date of the registration of the certificate of sale, by
paying the purchaser the amount of his purchase, with the
per centum per month interest thereon in addition, up to the
time of redemption, together with the amount of any
assessments or taxes which the purchaser may have paid
thereon after purchase, and interest on such last named
amount at the same rate; and if the purchaser be also a
creditor having a prior lien to that of the redemptioner, other
than the judgment under which such purchase was made, the
amount of such other lien, with interest.
Property so redeemed may again be redeemed within sixty
(60) days after the last redemption upon payment of the sum
paid on the last redemption, with two per centum thereon in
addition and the amount of any assessments or taxes which
the last redemptioner may have paid thereon after
redemption by him, with interest on such last named
amount, and in addition, the amount of any liens held by said
last redemptioner prior to his own, with interest. The
property may be again, and as often as a redemptioner is so
disposed, redeemed from any previous redemptioner within
sixty (60) days after the last redemption, on paying the sum
paid on the last previous redemption, with two per centum
thereon in addition, and the amounts of any assessments or
taxes which the last previous redemptioner paid after the
redemption thereon, with interest thereon, and the amount
of any liens held by the last redemptioner prior to his own,
with interest.
Written notice of any redemption must be given to the officer
who made the sale and a duplicate filed with the registry of
deeds of the place, and if any assessments or taxes are paid
by the redemptioner or if he has or acquires any lien other
than that upon which the redemption was made, notice
thereof must in like manner be given to the officer and filed
with the registry of deeds; if such notice be not filed, the
property may be redeemed without paying such assessments,
taxes, or liens. (30a)
Section 29.Effect of redemption by judgment obligor, and a
certificate to be delivered and recorded thereupon; to whom
payments on redemption made. — If the judgment obligor
redeems he must make the same payments as are required
to effect a redemption by a redemptioner, whereupon, no
further redemption shall be allowed and he is restored to his
estate. The person to whom the redemption payment is
made must execute and deliver to him a certificate of
redemption acknowledged before a notary public or other
officer authorized to take acknowledgments of conveyances
of real property. Such certificate must be filed and recorded
in the registry of deeds of the place in which the property is
situated and the registrar of deeds must note the record
thereof on the margin of the record of the certificate of sale.
The payments mentioned in this and the last preceding
sections may be made to the purchaser or redemptioner, or
for him to the officer who made the sale. (31a)
Section 30.Proof required of redemptioner. — A
redemptioner must produce to the officer, or person from
whom he seeks to redeem, and serve with his notice to the
officer a copy of the judgment or final order under which he
claims the right to redeem, certified by the clerk of the court
wherein the judgment or final order is entered, or, if he
redeems upon a mortgage or other lien, a memorandum of
the record thereof, certified by the registrar of deeds, or an
original or certified copy of any assignment necessary to
establish his claim; and an affidavit executed by him or his
agent, showing the amount then actually due on the lien.
(32a)
Section 31.Manner of using premises pending redemption;
waste restrained. — Until the expiration of the time allowed
for redemption, the court may, as in other proper cases,
restrain the commission of waste on the property by
injunction, on the application of the purchaser or the
judgment obligee, with or without notice; but it is not waste
for a person in possession of the property at the time of the
sale, or entitled to possession afterwards, during the period
allowed for redemption, to continue to use it in the same
manner in which it was previously used, or to use it in the
ordinary course of husbandry; or to make the necessary
repairs to buildings thereon while he occupies the property.
(33a)
Section 32.Rents, earnings and income of property pending
redemption. — The purchaser or a redemptioner shall not be
entitled to receive the rents, earnings and income of the
property sold on execution, or the value of the use and
occupation thereof when such property is in the possession
of a tenant. All rents, earnings and income derived from the
property pending redemption shall belong to the judgment
obligor until the expiration of his period of redemption. (34a)
Section 33.Deed and possession to be given at expiration of
redemption period; by whom executed or given. — If no
redemption be made within one (1) year from the date of the
registration of the certificate of sale, the purchaser is entitled
to a conveyance and possession of the property; or, if so
redeemed whenever sixty (60) days have elapsed and no
other redemption has been made, and notice thereof given,
and the time for redemption has expired, the last
redemptioner is entitled to the conveyance and possession;
but in all cases the judgment obligor shall have the entire
period of one (1) year from the date of the registration of the
sale to redeem the property. The deed shall be executed by
the officer making the sale or by his successor in office, and in
the latter case shall have the same validity as though the
officer making the sale had continued in office and executed
it.
Upon the expiration of the right of redemption, the purchaser
or redemptioner shall be substituted to and acquire all the
rights, title, interest and claim of the judgment obligor to the
property as of the time of the levy. The possession of the
property shall be given to the purchaser or last redemptioner
by the same officer unless a third party adversely to the
judgment obligor. (35a)
Section 34.Recovery of price if sale not effective; revival of
judgment. — If the purchaser of real property sold on
execution, or his successor in interest, fails to recover the
possession thereof, or is evicted therefrom, in consequence
of irregularities in the proceedings concerning the sale, or
because the judgment has been reversed or set aside, or
because the property sold was exempt from execution, or
because a third person has vindicated his claim to the
property, he may on motion in the same action or in a
separate action recover from the judgment obligee the price
paid, with interest, or so much thereof as has not been
delivered to the judgment obligor, or he may, on motion,
have the original judgment revived in his name for the whole
price with interest, or so much thereof as has been delivered
to the judgment obligor. The judgment so revived shall have
the same force and effect as an original judgment would have
as of the date of the revival and no more. (36a)
Section 35.Right to contribution or reimbursement. — When
property liable to an execution against several persons is sold
thereon, and more than a due proportion of the judgment is
satisfied out of the proceeds of the sale of the property of
one of them, or one of them pays, without a sale, more than
his proportion, he may compel a contribution from the
others; and when a judgment is upon an obligation of one of
them, as security for another, and the surety pays the
amount, or any part thereof, either by sale of his property or
before sale, he may compel repayment from the principal.
(37a)
Section 36.Examination of judgment obligor when judgment
unsatisfied. — When the return of a writ of execution issued
against property of a judgment obligor, or any one of several
obligors in the same judgment, shows that the judgment
remains unsatisfied, in whole or in part, the judgment
obligee, at any time after such return is made, shall be
entitled to an order from the court which rendered the said
judgment, requiring such judgment obligor to appear and be
examined concerning his property and income before such
court or before a commissioner appointed by it at a specified
time and place; and proceedings may thereupon be had for
the application of the property and income of the judgment
obligor towards the satisfaction of the judgment. But no
judgment obligor shall be so required to appear before a
court or commissioner outside the province or city in which
such obligor resides or is found. (38a)
Section 37.Examination of obligor of judgment obligor. —
When the return of a writ of execution against the property
of a judgment obligor shows that the judgment remain
unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that a person,
corporation, or other juridical entity has property of such
judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical
entity, or any officer, or member thereof, to appear before
the court or a commissioner appointed by it, at a time and
place within the province or city where such debtor resides or
is found, and be examined concerning the same. The service
of the order shall bind all credits due the judgment obligor
and all money and property of the judgment obligor in the
possession or in the control of such person corporation, or
juridical entity from the time of service; and the court may
also require notice of such proceedings to be given to any
party to the action in such manner as it may deem proper.
(39a)
Section 38.Enforcement of attendance and conduct of
examination. — A party or other person may be compelled,
by an order or subpoena, to attend before the court or
commissioner to testify as provided in the two preceding
sections, and upon failure to obey such order or subpoena or
to be sworn, or to answer as a witness or to subscribe his
deposition, may be punished for contempt as in other cases.
Examinations shall not be unduly prolonged, but the
proceedings may be adjourned from time to time, until they
are completed. If the examination is before a commissioner,
he must take it in writing and certify it to the court. All
examinations and answers before a court commissioner must
be under oath, and when a corporation or other juridical
entity answers, it must be on the oath of an authorized
officer or agent thereof. (40a)
Section 39.Obligor may pay execution against obligee. —
After a writ of execution against property has been issued, a
person indebted to the judgment obligor may pay to the
sheriff holding the writ of execution the amount of his debt
or so much thereof as may be necessary to satisfy the
judgment, in the manner prescribed in section 9 of this Rule,
and the sheriff's receipt shall be a sufficient discharge for the
amount so paid or directed to be credited by the judgment
obligee on the execution. (41a)
Section 40.Order for application of property and income to
satisfaction of judgment. — The court may order any
property of the judgment obligor, or money due him, not
exempt from execution, in the hands of either himself or
another person, or of a corporation or other juridical entity,
to be applied to the satisfaction of the judgment, subject to
any prior rights over such property.
If, upon investigation of his current income and expenses, it
appears that the earnings of the judgment obligor for his
personal services are more than necessary for the support of
his family, the court may order that he pay the judgment in
fixed monthly installments, and upon his failure to pay any
such installment when due without good excuse, may punish
him for indirect contempt. (42a)
Section 41.Appointment of receiver. — The court may
appoint a receiver of the property of the judgment obligor;
and it may also forbid a transfer or other disposition of, or
any interference with, the property of the judgment obligor
not exempt from execution. (43a)
Section 42.Sale of ascertainable interest of judgment obligor
in real estate. — If it appears that the judgment obligor has
an interest in real estate in the place in which proceedings
are had, as mortgagor or mortgagee or other- wise, and his
interest therein can be ascertained without controversy the
receiver may be ordered to sell and convey such real estate
or the interest of the obligor therein; and such sale shall be
conducted in all respects in the same manner as is provided
for the sale of real state upon execution, and the proceedings
thereon shall be approved by the court before the execution
of the deed. (34a)
Section 43.Proceedings when indebtedness denied or another
person claims the property. — If it appears that a person or
corporation, alleged to have property of the judgment obligor
or to be indebted to him, claims an interest in the property
adverse to him or denied the debt, the court may authorize,
by an order made to that effect, the judgment obligee to
institute an action against such person or corporation for the
recovery of such interest or debt, forbid a transfer or other
disposition of such interest or debt within one hundred
twenty (120) days from notice of the order, and may punish
disobedience of such order as for contempt. Such order may
be modified or vacated at any time by the court which issued
it, or by the court in which the action is brought, upon such
terms as may be just. (45a)
Section 44.Entry of satisfaction of judgment by clerk of court.
— Satisfaction of a judgment shall be entered by the clerk of
court in the court docket, and in the execution book, upon
the return of a writ of execution showing the full satisfaction
of the judgment, or upon the filing of an admission to the
satisfaction of the judgment executed and acknowledged in
the same manner as a conveyance of real property by the
judgment obligee or by his counsel unless a revocation of his
authority is filed, or upon the endorsement of such admission
by the judgment obligee or his counsel, on the face of the
record of the judgment. (46a)
Section 45.Entry of satisfaction with or without admission. —
Whenever a judgment is satisfied in fact, or otherwise than
upon an execution on demand of the judgment obligor, the
judgment obligee or his counsel must execute and
acknowledge, or indorse an admission of the satisfaction as
provided in the last preceding section, and after notice and
upon motion the court may order either the judgment
obligee or his counsel to do so, or may order the entry of
satisfaction to be made without such admission. (47a)
Section 46.When principal bound by judgment against surety.
— When a judgment is rendered against a party who stands
as surety for another, the latter is also bound from the time
that he has notice of the action or proceeding, and an
opportunity at the surety's request to join in the defense.
(48a)
Section 47.Effect of judgments or final orders. — The effect
of a judgment or final order rendered by a court of the
Philippines, having jurisdiction to pronounce the judgment or
final order, may be as follows:
(a) In case of a judgment or final order against a
specific thing, or in respect to the probate of a will,
or the administration of the estate of a deceased
person, or in respect to the personal, political, or
legal condition or status of a particular person or his
relationship to another, the judgment or final order
is conclusive upon the title to the thing, the will or
administration or the condition, status or
relationship of the person, however, the probate of
a will or granting of letters of administration shall
only be prima facie evidence of the death of the
testator or intestate;
(b) In other cases, the judgment or final order is,
with respect to the matter directly adjudged or as to
any other matter that could have been missed in
 relation thereto, conclusive between the parties and
their successors in interest, by title subsequent to
the commencement of the action or special
proceeding, litigating for the same thing and under
the same title and in the same capacity; and
(c) In any other litigation between the same parties
or their successors in interest, that only is deemed to
have been adjudged in a former judgment or final
order which appears upon its face to have been so
adjudged, or which was actually and necessarily
included therein or necessary thereto. (49a)
Section 48.Effect of foreign judgments or final orders. — The
effect of a judgment or final order of a tribunal of a foreign
country, having jurisdiction to render the judgment or final
order is as follows:
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order, is
conclusive upon the title to the thing, and
(b) In case of a judgment or final order against a
person, the judgment or final order is presumptive
evidence of a right as between the parties and their
successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact. (50a)
APPEAL FROM METROPOLITAN / MUNICIPAL TRIAL COURTS
TO THE REGIONAL TRIAL COURT – RULE 40
Flow Chart
In case of adverse judgment, file a motion for reconsideration
o r new trial under Rule 52 within 15 days from notice of
judgment.
In case of denial of MR or NT, file a petition for review on
certiorari under rule 45 with SC within 15 from the notice of
denial.
In case of adverse decision on petition for review, file a MR or
NT within 15 days from notice of judgment under Rule 52 MR
or 53 NT.
In case of denial of MR or NR, file a petition for review within
15 days from the notice of judgment or denial of MR or NT
under Rule 42 to CA.
In case of adverse judgment, file a motion for NT or MR
within 15 days form notice of judgment under Rule 37.
Transmittal of record of the case to the RTC.
Appeal by notice of appeal within 15 days or within 30 days
from the notice of judgment / decision or final orders
applying the fresh period rule to be filed with MTC or MCTC.
Filing a motion for NT or reconsideration with the period of
taking and perfecting an appeal except in summary
procedure.
Decision / Judgment / Final orders of MTC or MCTC.
Section 1. Where to appeal. — An appeal from a judgment or
final order of a Municipal Trial Court may be taken to the
Regional Trial Court exercising jurisdiction over the area to
which the former pertains. The title of the case shall remain
as it was in the court of origin, but the party appealing the
case shall be further referred to as the appellant and the
adverse party as the appellee. (a)
Notes:
Where to appeal?
An appeal from a judgment or final order of a Municipal Trial
Court may be taken to the Regional Trial Court exercising
jurisdiction over the area to which the former pertains
What is the rule regarding the contents of the title of the
case and names of the parties?
The title of the case shall remain as it was in the court of
origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the
appellee. (a)
Section 2. When to appeal. — An appeal may be taken within
fifteen (15) days after notice to the appellant of the judgment
or final order appealed from. Where a record on appeal is
required, the appellant shall file a notice of appeal and a
record on appeal within thirty (30) days after notice of the
judgment or final order.
The period of appeal shall be interrupted by a timely motion
for new trial or reconsideration. No motion for extension of
time to file a motion for new trial or reconsideration shall be
allowed. (n)
Notes-
What is the period of taking an appeal-
1. 15 days after the notice to the appellant of the
judgment or final order appealed from; or
2. Where a record on appeal is required, the appellant
shall file a notice of appeal and record on appeal
within 30 days after the notice of judgment or final
order
The effect of filing MR on period to appeal-
The period of appeal shall be interrupted by a timely motion
for new trial or reconsideration.
Limitation - No motion for extension of time to file a motion
for new trial or reconsideration shall be allowed. (n)
Exception for suspension of period to appeal in filing MR-
1. To serve substantial justice – Habaluyas Enterprises
vsJapson
2. When the procedural infirmity was not entirely
attributable to the fault or negligence of the
petitioner Barnes vs Padilla
Neypes or Fresh Period Rule
From the case of Domingo Neypesvs Court of Appeals – “To
standardize the appeal period provided in the Rules and to
afford litigants fair opportunity to appeal their cases”, the
Court has deemed it practical to allow a fresh period of 15
days within which to file the notice of appeal to be counted
from receipt of the order denying the motion for new trial,
motion for reconsideration whether full or partial, or any final
order or resolution.
Note – Prescillaalma Jose vs Ramon Javellana – the neypes
rule has retroactive effect to pending cases.
When to count the period? – from the receipt of the order
dismissing or denying a motion for new trial or motion for
reconsideration.
Where fresh period rule is applicable –
1. Rule 40
2. Rule 41
3. Rule 42
4. Rule 43
5. Rule 45
6. Obviously these rules cover judicial proceedings
under 1997 Rules of Civil Procedure.
PanolinovsTajala
Aim of the fresh period rule-
The new rule aims to regiment or make the appeal period
uniform, to be counted from receipt of the order denying the
motion for new trial, motion for reconsideration, or any final
order or resolution.
Section 3. How to appeal. — The appeal is taken by filing a
notice of appeal with the court that rendered the judgment
or final order appealed from. The notice of appeal shall
indicate the parties to the appeal, the judgment or final order
or part thereof appealed from, and state the material dates
showing the timeliness of the appeal.
A record on appeal shall be required only in special
proceedings and in other cases of multiple or separate
appeals.
The form and contents of the record on appeal shall be as
provided in section 6, Rule 41.
Copies of the notice of appeal, and the record on appeal
where required, shall be served on the adverse party. (n)
Notes-
How can a party perfect an appeal?
1. By filing a notice of appeal with the court that
rendered the judgment or final order appealed from.
The notice of appeal shall indicate the parties to the
appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing
the timeliness of the appeal.
2. A record on appeal shall be required only in special
proceedings and in other cases of multiple or
separate appeals.
What are the contents and forms of a record of appeal? As
provided in Sec. 6, Rule 41:
1. The full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal
2. It shall include the judgment or final order from
which the appeal is taken and,
3. In chronological order, copies of only such pleadings,
petitions, motions and all interlocutory orders as are
related to the appealed judgment or final order for
the proper understanding of the issue involved,
4. Together with such data as will show that the appeal
was perfected on time.
5. If an issue of fact is to be raised on appeal, the
record on appeal shall include by reference all the
 evidence, testimonial and documentary, taken upon
the issue involved.
6. The reference shall specify the documentary
evidence by the exhibit numbers or letters by which
it was identified when admitted or offered at the
hearing, and the testimonial evidence by the names
of the corresponding witnesses. If the whole
testimonial and documentary evidence in the case is
to be included, a statement to that effect will be
sufficient without mentioning the names of the
witnesses or the numbers or letters of exhibits.
Every record on appeal exceeding twenty (20) pages
must contain a subject index. (6a)
7. Copies of the notice of appeal, and the record on
appeal where required, shall be served on the
adverse party ( this no. 7 is included in the sec. 3)
Designation of the wrong court does not affect the validity
of the notice of appeal – however, the designation of proper
court should be made within the 15 day period to appeal.
Once made within the said period, the designation of the
correct appellate court may be allowed if the records of the
case are forwarded to the CA.
Section 4. Perfection of appeal; effect thereof. — The
perfection of the appeal and the effect thereof shall be
governed by the provisions of section 9, Rule 41. (n)
Notes-
Appeal is deemed perfected when:
1. A party’s appeal by notice of appeal is deemed
perfected as to him upon filing of the notice of
appeal in due time
2. A party’s appeal by record on appeal is deemed
perfected as to him with respect to he subject
matter thereof upon the approval of the record on
appeal filed in due time.
Effect of perfection of appeal-
In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of appeals filed in due time
and the expiration of time to appeal of the other parties
In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the
time to appeal of the other parties.
What are the residual powers of the court?
Prior to the transmittal of the original record of the record on
appeal, the court may issue:
1. Orders for protection and preservation of the rights
of the parties which do not involve any matter
litigated by appeal;
2. Approve compromises
3. Permit appeals of indigent litigants
4. Order execution pending appeal in accordance with
Sec. 2 of Rule 39.
Mere filing of the notice of appeal does not divest the trial
court of its power to resolve pending incidents. Valencia vs
CA.
Note – doctrinically entrenched is that right of appeal is a
statutory right and the one who seeks to avail that right must
comply with the statue or rules. Failure to conform to the
rules will render the judgment for review final and
unapeallable. By way of exception, minors lapses and for
compelling reasons such as serving the ends of justice and
preventing grave miscarriage thereof.
Section 5. Appellate court docket and other lawful fees. —
Within the period for taking an appeal, the appellant shall pay
to the clerk of the court which rendered the judgment or final
order appealed from the full amount of the appellate court
docket and other lawful fees. Proof of payment thereof shall
be transmitted to the appellate court together with the
original record or the record on appeal, as the case may be.
(n)
Rule on the payment of appeal docket and other lawful
fees-
Within the period for taking an appeal, the appellant shall:
1. Pay to the clerk of the court which rendered the
judgment or final order appealed from the full
amount of the appellate court docket and other
lawful fees.
2. Proof of payment thereof shall be transmitted to the
appellate court together with the original record or
the record on appeal, as the case may be.
Payment of appeal docket fee is mandatory and jurisdictional.
Without such payment, the appellate court does not acquire
jurisdiction over the subject matter o the action and the
decision sought to be appealed becomes final and executory.
Rule in relaxing payment of lawful fees:
1. Failure to pay those fees within the reglementary
period allows only discretionary, not automatic
dismissal
2. Such power should be used by the court in
conjunction with its exercise of sound discretion in
accordance with the tenets of justice and fair play.
Section 6. Duty of the clerk of court. — Within fifteen (15)
days from the perfection of the appeal, the clerk of court or
the branch clerk of court of the lower court shall transmit the
original record or the record on appeal, together with the
transcripts and exhibits, which he shall certify as complete, to
the proper Regional Trial Court. A copy of his letter of
transmittal of the records to the appellate court shall be
furnished the parties. (n)
What are the duties of the clerk of court after the perfection
of the appeal?
Within fifteen (15) days from the perfection of the appeal,
the clerk of court or the branch clerk of court of the lower
court shall:
1. Transmit the original record or the record on appeal,
together with the transcripts and exhibits, which
2. He shall certify as complete, to the proper Regional
Trial Court.
3. A copy of his letter of transmittal of the records to
the appellate court shall be furnished the parties.
Section 7.Procedure in the Regional Trial Court. —
(a) Upon receipt of the complete record or the record on
appeal, the clerk of court of the Regional Trial Court shall
notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the
duty of the appellant to submit a memorandum which shall
briefly discuss the errors imputed to the lower court, a copy
of which shall be furnished by him to the adverse party.
Within fifteen (15) days from receipt of the appellant's
memorandum, the appellee may file his memorandum.
Failure of the appellant to file a memorandum shall be a
ground for dismissal of the appeal.
(c) Upon the filing of the memorandum of the appellee, or
the expiration of the period to do so, the case shall be
considered submitted for decision. The Regional Trial Court
shall decide the case on the basis of the entire record of the
proceedings had in the court of original and such memoranda
as are filed. (n)
Upon receipt of the complete record or the record on
appeal-
The clerk of court of the Regional Trial Court shall notify the
parties of such fact.
Duty of the appellant and the appellee upon the notice –
1. Within fifteen (15) days from such notice, it shall be
the duty of the appellant to submit a memorandum
which shall briefly discuss the errors imputed to the
lower court, a copy of which shall be furnished by
him to the adverse party.
2. Within fifteen (15) days from receipt of the
appellant's memorandum, the appellee may file his
memorandum. Failure of the appellant to file a
memorandum shall be a ground for dismissal of the
appeal.
Courses of action o the court after the filing of
memorandum-
Upon the filing of the memorandum of the appellee, or the
expiration of the period to do so, the case shall be considered
submitted for decision. The Regional Trial Court shall decide
the case on the basis of the entire record of the proceedings
had in the court of original and such memoranda as are filed.
(n)
Section 8. Appeal from orders dismissing case without trial;
lack of jurisdiction. — If an appeal is taken from an order of
the lower court dismissing the case without a trial on the
merits, the Regional Trial Court may affirm or reverse it, as
the case may be. In case of affirmance and the ground of
dismissal is lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction thereover, shall try
the case on the merits as if the case was originally filed with
it. In case of reversal, the case shall be remanded for further
proceedings.
If the case was tried on the merits by the lower court without
jurisdiction over the subject matter, the Regional Trial Court
on appeal shall not dismiss the case if it has original
jurisdiction thereof, but shall decide the case in accordance
with the preceding section, without prejudice to the
admission of amended pleadings and additional evidence in
the interest of justice. (n)
Rule in case an appeal from orders dismissing a case without
trial?
1. If an appeal is taken from an order of the lower court
dismissing the case without a trial on the merits, the
Regional Trial Court may affirm or reverse it, as the
case may be.
2. In case of affirmance and the ground of dismissal is
lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction thereover,
shall try the case on the merits as if the case was
originally filed with it. In case of reversal, the case
shall be remanded for further proceedings.
3. If the case was tried on the merits by the lower court
without jurisdiction over the subject matter, the
Regional Trial Court on appeal shall not dismiss the
case if it has original jurisdiction thereof, but shall
decide the case in accordance with the preceding
 section, without prejudice to the admission of An appeal may be taken from a judgment or final order that
amended pleadings and additional evidence in the completely disposes of the case, or of a particular matter
interest of justice. (n) therein when declared by these Rules to be appealable.

Section 9. Applicability of Rule 41. — The other provisions of What are the judgments or orders which are not
Rule 41 shall apply to appeals provided for herein insofar as appealable?
they are not inconsistent with or may serve to supplement
the provisions of this Rule. (n) No appeal may be taken from:

The other provisions of Rule 41 shall apply to appeals
provided for herein insofar as theyare not inconsistent with
or may serve to supplement the provisions of this Rule. (n)
(a) An order denying a motion for new trial or
reconsideration;
(b) An order denying a petition for relief or any similar motion
seeking relief from judgment;

APPEAL FROM THE REGIONAL TRIAL COURTS TO THE COURT

(c) An interlocutory order;
OF APPEALS – RULE 41
(d) An order disallowing or dismissing an appeal;

(e) An order denying a motion to set aside a judgment by

Section 1.Subject of appeal. — An appeal may be taken from
consent, confession or compromise on the ground of fraud,
a judgment or final order that completely disposes of the
mistake or duress, or any other ground vitiating consent;
case, or of a particular matter therein when declared by these
Rules to be appealable.
(f) An order of execution;
No appeal may be taken from:
(g) A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims, cross-
(a) An order denying a motion for new trial or
claims and third-party complaints, while the main case is
reconsideration;
pending, unless the court allows an appeal therefrom; and

(b) An order denying a petition for relief or any similar motion

(h) An order dismissing an action without prejudice.
seeking relief from judgment;

What is the remedy in case of non-appealable judgment or

(c) An interlocutory order;
orders?

(d) An order disallowing or dismissing an appeal;

In any of the foregoing circumstances, the aggrieved party
may file an appropriate civil action as provided in Rule 65.
(e) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of fraud,
Rationale of non-appealable character of interlocutory order -
mistake or duress, or any other ground vitiating consent;
allowing appeals from interlocutory orders would result in
the ‘sorry spectacle’ of a case being subject of
(f) An order of execution; counterproductive ping pong to and from appellate court as
often as trial court is perceived to have made an error in any
(g) A judgment or final order for or against one or more of of its interlocutory rulings.
several parties or in separate claims, counterclaims, cross-
claims and third-party complaints, while the main case is Final Order Interlocutory Order
pending, unless the court allows an appeal therefrom; and
Disposes of the subject Does not completely disposes
matter in its entirely or of the case but leaves
(h) An order dismissing an action without prejudice. terminates a particular something to be decided
proceeding or action, leaving upon
In all the above instances where the judgment or final order nothing more to be done
is not appealable, the aggrieved party may file an appropriate except to enforce by Deals with preliminary
special civil action under Rule 65. (n) execution what the court matters and the trial on the
has determined merits is yet to be held and
When can appeal be made? the judgment rendered.

Section 2. Modes of appeal. —
(a) Ordinary appeal. — The appeal to the Court of Appeals in
cases decided by the Regional Trial Court in the exercise of its
original jurisdiction shall be taken by filing a notice of appeal
with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special
proceedings and other cases of multiple or separate appeals
where law on these Rules so require. In such cases, the
record on appeal shall be filed and served in like manner.
(b) Petition for review. — The appeal to the Court of Appeals
in cases decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be by petition for review in
accordance with Rule 42.
(c) Appeal by certiorari. — In all cases where only questions
of law are raised or involved, the appeal shall be to the
Supreme Court by petition for review on certiorari in
accordance with the Rule 45. (n)
The three modes of appeal-
1. Ordinary appeal. — The appeal to the Court of
Appeals in cases decided by the Regional Trial Court
in the exercise of its original jurisdiction shall be
taken by filing a notice of appeal with the court
which rendered the judgment or final order
appealed from and serving a copy thereof upon the
adverse party. No record on appeal shall be required
except in special proceedings and other cases of
multiple or separate appeals where law on these
Rules so require. In such cases, the record on appeal
shall be filed and served in like manner.
2. Petition for review. — The appeal to the Court of
Appeals in cases decided by the Regional Trial Court
in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.
3. Appeal by certiorari. — In all cases where only
questions of law are raised or involved, the appeal
shall be to the Supreme Court by petition for review
on certiorari in accordance with the Rule 45. (n)
Mixed question of law and of facts; purely question of law –
remedy –
Where a litigant files an appeal raise sonly questions of law
with the CA, Sec 2 rule 20 expressly mandates that the CA
should dismiss the appeal outright as the appeal is not
reviewable by that court.
Section 3. Period of ordinary appeal. — The appeal shall be
taken within fifteen (15) days from notice of the judgment or
final order appealed from. Where a record on appeal is
required, the appellant shall file a notice of appeal and a
record on appeal within thirty (30) days from notice of the
judgment or final order.
The period of appeal shall be interrupted by a timely motion
for new trial or reconsideration. No motion for extension of
time to file a motion for new trial or reconsideration shall be
allowed. (n)
What is the period of ordinary appeals?
1. The appeal shall be taken within fifteen (15) days
from notice of the judgment or final order appealed
from.
2. Where a record on appeal is required, the appellant
shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment
or final order.
Effect of filing MR or NT for period to appeal-
The period of appeal shall be interrupted by a timely motion
for new trial or reconsideration. No motion for extension of
time to file a motion for new trial or reconsideration shall be
allowed. (n)
What is the limitation or MR or NT?
No motion for extension of time to file a motion for new trial
or reconsideration shall be allowed. (n)
Section 4. Appellate court docket and other lawful fees. —
Within the period for taking an appeal, the appellant shall pay
to the clerk of the court which rendered the judgment or final
order appealed from, the full amount of the appellate court
docket and other lawful fees. Proof of payment of said fees
shall be transmitted to the appellate court together with the
original record or the record on appeal. (n)
What is the duty of appellant for the purposes of appeal?
Within the period for taking an appeal, the appellant shall:
1. Pay to the clerk of the court which rendered the
judgment or final order appealed from, the full
amount of the appellate court docket and other
lawful fees.
2. Proof of payment of said fees shall be transmitted to
the appellate court together with the original record
or the record on appeal. (n)
Note – mere filing of the notice of appeal is not enough,
payment of docket fee is mandatory and jurisdictional.
Cases where SC relaxed the rule on payment of appeal
docket fee?
The rules may be relaxed for persuasive and weighty reasons
to relieve a litigant of an injustice commensurate with his
failure to comply with the prescribed procedure.
Section 5. Notice of appeal. — The notice of appeal shall
indicate the parties to the appeal, specify the judgment or
final order or part thereof appealed from, specify the court to
which the appeal is being taken, and state the material dates
showing the timeliness of the appeal. (4a)
What are the contents of notice of appeal?
1. Indicate the parties to the appeal
2. Specify the judgment or final order or part thereof
appealed from
3. Specify the judgment or final order or part thereof
appealed from
4. Specify the court to which the appeal is being taken
5. State the material dates showing the timeliness of
the appeal
Section 6. Record on appeal; form and contents thereof. —
The full names of all the parties to the proceedings shall be
stated in the caption of the record on appeal and it shall
include the judgment or final order from which the appeal is
taken and, in chronological order, copies of only such
pleadings, petitions, motions and all interlocutory orders as
are related to the appealed judgment or final order for the
proper understanding of the issue involved, together with
such data as will show that the appeal was perfected on time.
If an issue of fact is to be raised on appeal, the record on
appeal shall include by reference all the evidence, testimonial
and documentary, taken upon the issue involved. The
reference shall specify the documentary evidence by the
exhibit numbers or letters by which it was identified when
admitted or offered at the hearing, and the testimonial
evidence by the names of the corresponding witnesses. If the
whole testimonial and documentary evidence in the case is to
be included, a statement to that effect will be sufficient
without mentioning the names of the witnesses or the
numbers or letters of exhibits. Every record on appeal
exceeding twenty (20) pages must contain a subject index.
(6a)
What are the contents and forms of a record of appeal? As
provided in Sec. 6, Rule 41:
1. The full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal
2. .It shall include the judgment or final order from
which the appeal is taken and,
3. In chronological order, copies of only such pleadings,
petitions, motions and all interlocutory orders as are
related to the appealed judgment or final order for
the proper understanding of the issue involved,
4. Together with such data as will show that the appeal
was perfected on time.
5. If an issue of fact is to be raised on appeal, the
record on appeal shall include by reference all the
evidence, testimonial and documentary, taken upon
the issue involved.
6. The reference shall specify the documentary
evidence by the exhibit numbers or letters by which
it was identified when admitted or offered at the
hearing, and the testimonial evidence by the names
of the corresponding witnesses. If the whole
testimonial and documentary evidence in the case is
to be included, a statement to that effect will be
sufficient without mentioning the names of the
witnesses or the numbers or letters of exhibits.
Every record on appeal exceeding twenty (20) pages
must contain a subject index. (6a)
Record on appeal is not required in an action for
presumptive death – The SC clarified that while an action for
declaration of death or absence under Sec 1m Rule 72
expressly falls under category of special proceedings, a
petition or declaration of presumptive death under Art 41 of
the Family Code is a summary proceeding, as provided in 238
of the same Code.
Since its purpose was to enable her to contract subsequent
valid marriage, petitioner’s action was a summary proceeding
based on Art. 41 of Family Code, rather than a special
proceeding under Rule 72 of the Rules of Court. Considering
that this action was not a special proceeding, petition was not
required to file a record on appeal when it appealed the RTC
decision to the CA.
Section 7. Approval of record on appeal. — Upon the filing of
the record on appeal for approval and if no objection is filed
by the appellee within five (5) days from receipt of a copy
thereof, the trial court may approve it as presented or upon
its own motion or at the instance of the appellee, may direct
its amendment by the inclusion of any omitted matters which
are deemed essential to the determination of the issue of law
or fact involved in the appeal. If the trial court orders the
amendment of the record, the appellant, within the time
limited in the order, or such extension thereof as may be
granted, or if no time is fixed by the order within ten (10)
days from receipt thereof, shall redraft the record by
including therein, in their proper chronological sequence,
such additional matters as the court may have directed him
to incorporate, and shall thereupon submit the redrafted
record for approval, upon notice to the appellee, in like
manner as the original draft. (7a)
What are the courses of action of the court upon the filing
of a record on appeal?
Upon the filing of the record on appeal for approval and if no
objection is filed by the appellee within five (5) days from
receipt of a copy thereof, the trial court may:
1. May approve it as presented
2. Upon its own motion or at the instance of the
appellee, may direct its amendment by the inclusion
of any omitted matters which are deemed essential
to the determination of the issue of law or fact
involved in the appeal.
Effects in case of order of amendment?
If the trial court orders the amendment of the record, the
appellant, within the time limited in the order, or such
extension thereof as may be granted, or if no time is fixed by
the order within ten (10) days from receipt thereof, shall:
1. Redraft the record by including therein, in their
proper chronological sequence, such additional
matters as the court may have directed him to
incorporate
2. Shall thereupon submit the redrafted record for
approval, upon notice to the appellee, in like manner
as the original draft. (7a)
Section 8. Joint record on appeal. — Where both parties are
appellants, they may file a joint record on appeal within the
time fixed by section 3 of this Rule, or that fixed by the court.
(8a)
Duties of the parties if both are appellants-
Where both parties are appellants, they may file a joint
record on appeal within the time fixed by section 3 of this
Rule, or that fixed by the court.
Section 9. Perfection of appeal; effect thereof. — A party's
appeal by notice of appeal is deemed perfected as to him
upon the filing of the notice of appeal in due time.
A party's appeal by record on appeal is deemed perfected as
to him with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time.
In appeals by notice of appeal, the court loses jurisdiction
over the case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the other
parties.
In appeals by record on appeal, the court loses jurisdiction
only over the subject matter thereof upon the approval of the
records on appeal filed in due time and the expiration of the
appeal of the other parties.
In either case, prior to the transmittal of the original record or
the record on appeal, the court may issue orders for the
protection and preservation of the rights of the parties which
do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order
execution pending appeal in accordance with 2 of Rule 39,
and allow withdrawal of the appeal. (9a)
When appeal is deemed perfected?
1. A party's appeal by record on appeal is deemed
perfected as to him with respect to the subject
matter thereof upon the approval of the record on
appeal filed in due time.
2. In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the
time to appeal of the other parties.
What are the effects of perfection of the appeal?
1. In appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the
time to appeal of the other parties.
2. In appeals by record on appeal, the court loses
jurisdiction only over the subject matter thereof
upon the approval of the records on appeal filed in
due time and the expiration of the appeal of the
other parties.
What are the residual powers of the court?
In either case, prior to the transmittal of the original record or
the record on appeal, the court may:
1. Issue orders for the protection and preservation of
the rights of the parties which do not involve any
matter litigated by the appeal,
2. Approve compromises,
3. Permit appeals of indigent litigants,
4. Order execution pending appeal in accordance with
2 of Rule 39, and
5. Allow withdrawal of the appeal.
Section 10. Duty of clerk of court of the lower court upon
perfection of appeal. — Within thirty (30) days after
perfection of all the appeals in accordance with the preceding
section, it shall be the duty of the clerk of court of the lower
court:
(a) To verify the correctness of the original record or the
record on appeal, as the case may be aid to make certification
of its correctness;
(b) To verify the completeness of the records that will be,
transmitted to the appellate court;
(c) If found to be incomplete, to take such measures as may
be required to complete the records, availing of the authority
that he or the court may exercise for this purpose; and
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in
his letter of transmittal the exhibits or transcripts not
included in the records being transmitted to the appellate
court, the reasons for their non-transmittal, and the steps
taken or that could be taken to have them available.
The clerk of court shall furnish the parties with copies of his
letter of transmittal of the records to the appellate court.
(10a)
What are the duties of the clerk of court of the lower court
upon perfection of appeal?
Within thirty (30) days after perfection of all the appeals in
accordance with the preceding section, it shall be the duty of
the clerk of court of the lower court:
1. To verify the correctness of the original record or the
record on appeal, as the case may be aid to make
certification of its correctness;
2. To verify the completeness of the records that will
be, transmitted to the appellate court;
3. If found to be incomplete, to take such measures as
may be required to complete the records, availing of
the authority that he or the court may exercise for
this purpose; and
4. To transmit the records to the appellate court.
5. If the efforts to complete the records fail, he shall
indicate in his letter of transmittal the exhibits or
transcripts not included in the records being
transmitted to the appellate court, the reasons for
their non-transmittal, and the steps taken or that
could be taken to have them available.
The clerk of court shall furnish the parties with copies of his
letter of transmittal of the records to the appellate court.
Section 11. Transcript. — Upon the perfection of the appeal,
the clerk shall immediately direct the stenographers
concerned to attach to the record of the case five (5) copies
of the transcripts of the testimonial evidence referred to in
the record on appeal. The stenographers concerned shall
transcribe such testimonial evidence and shall prepare and
affix to their transcripts an index containing the names of the
witnesses and the pages wherein their testimonies are found,
and a list of the exhibits and the pages wherein each of them
appears to have been offered and admitted or rejected by
the trial court. The transcripts shall be transmitted to the
clerk of the trial court who shall thereupon arrange the same
in the order in which the witnesses testified at the trial, and
shall cause the pages to be numbered consecutively. (12a)
What is the rule on transcript of stenographic notes?
Upon the perfection of the appeal, the clerk shall
immediately direct the stenographers concerned to:
1. Attach to the record of the case five (5) copies of the
transcripts of the testimonial evidence referred to in
the record on appeal.
2. The stenographers concerned shall transcribe such
testimonial evidence and shall prepare and affix to
their transcripts an index containing the names of
the witnesses and the pages wherein their
testimonies are found, and a list of the exhibits and
the pages wherein each of them appears to have
been offered and admitted or rejected by the trial
court.
3. The transcripts shall be transmitted to the clerk of
the trial court who shall thereupon arrange the same
in the order in which the witnesses testified at the
trial, and shall cause the pages to be numbered
consecutively.
Section 12. Transmittal. — The clerk of the trial court shall
transmit to the appellate court the original record or the
approved record on appeal within thirty (30) days from the
perfection of the appeal, together with the proof of payment
of the appellate court docket and other lawful fees, a
certified true copy of the minutes of the proceedings, the
order of approval, the certificate of correctness, the original
documentary evidence referred to therein, and the original
and three (3) copies of the transcripts. Copies of the
transcripts and certified true copies of the documentary
evidence shall remain in the lower court for the examination
of the parties. (11a)
What are the documents to be transmitted to the appellate
court?
The clerk of the trial court shall:
1. Transmit to the appellate court the original record or
the approved record on appeal within thirty (30)
days from the perfection of the appeal,
2. Together with the proof of payment of the appellate
court docket and other lawful fees,
3. A certified true copy of the minutes of the
proceedings,
4. The order of approval, the certificate of correctness,
5. The original documentary evidence referred to
therein, and
 6. The original and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of
the documentary evidence shall remain in the lower
court for the examination of the parties.
Section 13. Dismissal of appeal. — Prior to the transmittal of
the original record or the record on appeal to the appellate
court, the trial court may motupropio or on motion dismiss
the appeal for having been taken out of time. (14a)
When the trial court can dismiss the appeal?
Prior to the transmittal of the original record or the record on
appeal to the appellate court, the trial court may motupropio
or on motion dismiss the appeal for:
1. Having been taken out of time.
2. Non-payment of the docket and other lawful fees
within the reglementary period.
PETITION FOR REVIEW WITH COURT OF APPEALS – RULE 42
What is a petition for review – it is a mode of appeal, taken
within the period for appeal, from the decision rendered by
the Regional Trial Court in the exercise of its appellate
jurisdiction in cases originating in the municipal and
metropolitan trial courts.
Constitutional mandate – Sec 14, Article II states “No petition
for review or motion for reconsideration of the court shall be
refused due course or denied without stating the legal basis
therefor.
Section 1. How appeal taken; time for filing. — A party
desiring to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction may file
a verified petition for review with the Court of Appeals,
paying at the same time to the clerk of said court the
corresponding docket and other lawful fees, depositing the
amount of P500.00 for costs, and furnishing the Regional
Trial Court and the adverse party with a copy of the petition.
The petition shall be filed and served within fifteen (15)
days from notice of the decision sought to be reviewed or of
the denial of petitioner's motion for new trial or
reconsideration filed in due time after judgment. Upon
proper motion and the payment of the full amount of the
docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period, the Court
of Appeals may grant an additional period of fifteen (15)
days only within which to file the petition for review. No
further extension shall be granted except for the most
compelling reason and in no case to exceed fifteen (15)
days. (n)
How to appeal from the decision of RTC in exercise of its
appellate jurisdiction?
A party desiring to appeal from a decision of the Regional
Trial Court rendered in the exercise of its appellate
jurisdiction may file:
1. A verified petition for review with the Court of
Appeals,
2. Paying at the same time to the clerk of said court the
corresponding docket and other lawful fees,
3. Depositing the amount of P500.00 for costs,
4. Furnishing the Regional Trial Court and the adverse
party with a copy of the petition.
When to file the petition?
The petition shall be filed and served within fifteen (15) days
from notice of the decision sought to be reviewed or of the
denial of petitioner's motion for new trial or reconsideration
filed in due time after judgment.
Extension of filing petition for review-
Upon proper motion and the payment of the full amount of
the docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period, the Court
of Appeals may grant an additional period of fifteen (15) days
only within which to file the petition for review. No further
extension shall be granted except for the most compelling
reason and in no case to exceed fifteen (15) days. (n)
Note – therefore, the extension of time is prohibited only in
ordinary appeal and not for petition or review.
Motion for extension of time must be filed before the
expiration of the original period: If the last day falls on
Saturday, Sunday or legal holiday, the last day will be the
next working business day.
Substantial justice and fair play is an exception to the
mandatory period.
Section 2. Form and contents. — The petition shall be filed in
seven (7) legible copies, with the original copy intended for
the court being indicated as such by the petitioner, and shall
(a) state the full names of the parties to the case, without
impleading the lower courts or judges thereof either as
petitioners or respondents; (b) indicate the specific material
dates showing that it was filed on time; (c) set forth concisely
a statement of the matters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or
arguments relied upon for the allowance of the appeal; (d) be
accompanied by clearly legible duplicate originals or true
copies of the judgments or final orders of both lower courts,
certified correct by the clerk of court of the Regional Trial
Court, the requisite number of plain copies thereof and of the
pleadings and other material portions of the record as would
support the allegations of the petition.
The petitioner shall also submit together with the petition a
certification under oath that he has not theretofore
commenced any other action involving the same issues in the
Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency; if there is such other
action or proceeding, he must state the status of the same;
and if he should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or
any other tribunal or agency, he undertakes to promptly
inform the aforesaid courts and other tribunal or agency
thereof within five (5) days therefrom. (n)
What are the forms and contents of the petition?
The petition shall be filed in seven (7) legible copies, with the
original copy intended for the court being indicated as such
by the petitioner, and shall:
(a) state the full names of the parties to the case,
without impleading the lower courts or judges
thereof either as petitioners or respondents;
(b) indicate the specific material dates showing that
it was filed on time;
(c) set forth concisely a statement of the matters
involved, the issues raised, the specification of errors
of fact or law, or both, allegedly committed by the
Regional Trial Court, and the reasons or arguments
relied upon for the allowance of the appeal;
(d) be accompanied by clearly legible duplicate
originals or true copies of the judgments or final
orders of both lower courts, certified correct by the
clerk of court of the Regional Trial Court, the
requisite number of plain copies thereof and of the
pleadings and other material portions of the record
as would support the allegations of the petition.
Certificate of Non-Forum Shopping is required
The petitioner shall also submit together with the petition a
certification under oath that he has not theretofore
commenced any other action involving the same issues in the
Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency; if there is such other
action or proceeding, he must state the status of the same;
and if he should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or
any other tribunal or agency, he undertakes to promptly
inform the aforesaid courts and other tribunal or agency
thereof within five (5) days therefrom. (n)
RE: Amendment as to number of copies of the petition to be
filed with the CA under Efficient Use of Paper Rule, Sec. 5 of
AM No. 11-9-4 states –
Sec. 5 Copies to be filed – Unless otherwise directed
by the court, the number of th court bound papers
that a party is required or desired to file shall be as
follows:
xxx
b. In the Court of Appeals and Sandiganbayan, one
original (properly marked ) and two copies with their
annexes.
Section 3. Effect of failure to comply with requirements.—
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket
and other lawful fees, the deposit for costs, proof of service
of the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for
the dismissal thereof. (n)
Effect of failure to comply with the requirements-
The failure of the petitioner to comply with any of the
foregoing requirements regarding the:
1. Payment of the docket and other lawful fees,
2. The deposit for costs,
3. Proof of service of the petition, and
4. The contents of and the documents
Which should accompany the petition shall be sufficient
ground for the dismissal thereof. (n)
Section 4. Action on the petition. — The Court of Appeals
may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days from
notice, or dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or
that the questions raised therein are too insubstantial to
require consideration. (n)
What are the courses of action of the court on the petition?
The Court of Appeals may:
1. Require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10)
days from notice, or
2. Dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for
delay,
3. Dismiss the petition if the questions raised therein
are too insubstantial to require consideration.
Section 5. Contents of comment. — The comment of the
respondent shall be filed in seven (7) legible copies,
accompanied by certified true copies of such material
portions of the record referred to therein together with other
supporting papers and shall (a) state whether or not he
accepts the statement of matters involved in the petition; (b)
point out such insufficiencies or inaccuracies as he believes
exist in petitioner's statement of matters involved but
without repetition; and (c) state the reasons why the petition
should not be given due course. A copy thereof shall be
served on the petitioner. (a)
What are the contents of a comment on the petition?
The comment of the respondent shall be filed in seven (7)
legible copies, accompanied by certified true copies of such
material portions of the record referred to therein together
with other supporting papers and shall
(a) state whether or not he accepts the statement of
matters involved in the petition;
(b) point out such insufficiencies or inaccuracies as
he believes exist in petitioner's statement of matters
involved but without repetition; and
(c) state the reasons why the petition should not be
given due course. A copy thereof shall be served on
the petitioner. (a)
Section 6. Due course. — If upon the filing of the comment or
such other pleadings as the court may allow or require, or
after the expiration of the period for the filing thereof
without such comment or pleading having been submitted,
the Court of Appeals finds prima facie that the lower court
has committed an error of fact or law that will warrant a
reversal or modification of the appealed decision, it may
accordingly give due course to the petition. (n)
Rule in giving due course in the petition-
If upon the filing of the comment or such other pleadings as
the court may allow or require, or after the expiration of the
period for the filing thereof without such comment or
pleading having been submitted, the Court of Appeals finds
prima facie that the lower court has committed an error of
fact or law that will warrant a reversal or modification of
the appealed decision, it may accordingly give due course to
the petition
Section 7. Elevation of record. — Whenever the Court of
Appeals deems it necessary, it may order the clerk of court of
the Regional Trial Court to elevate the original record of the
case including the oral and documentary evidence within
fifteen (15) days from notice. (n)
When the CA can order the elevation of the record?
Whenever the Court of Appeals deems it necessary-
 It may order the clerk of court of the Regional
Trial Court to elevate the original record of the
case including the oral and documentary
evidence within fifteen (15) days from notice.
(n)
Section 8. Perfection of appeal; effect thereof. — (a) Upon
the timely filing of a petition for review and the payment of
the corresponding docket and other lawful fees, the appeal is
deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon
the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the
petition, the Regional Trial Court may issue orders for the
protection and preservation of the rights of the parties which
do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order
execution pending appeal in accordance with section 2 of
Rule 39, and allow withdrawal of the appeal. (9a, R41)
(b) Except in civil cases decided under the Rule on Summary
Procedure, the appeal shall stay the judgment or final order
unless the Court of Appeals, the law, or these Rules shall
provide otherwise. (a)
When the appeal I deemed perfected?
Upon the timely filing of a petition for review and the
payment of the corresponding docket and other lawful fees,
the appeal is deemed perfected as to the petitioner
Effects of the perfection of the appeal-
1. The Regional Trial Court loses jurisdiction over the
case upon the perfection of the appeals filed in due
time and the expiration of the time to appeal of the
other parties.
2. Except in civil cases decided under the Rule on
Summary Procedure, the appeal shall stay the
judgment or final order unless the Court of Appeals,
the law, or these Rules shall provide otherwise. (a)
What are the residual powers of the Regional Trial Court?
However, before the Court of Appeals gives due course to the
petition, the Regional Trial Court may:
1. Issue orders for the protection and preservation of
the rights of the parties which do not involve any
matter litigated by the appeal,
2. Approve compromises,
3. Permit appeals of indigent litigants,
 4. Order execution pending appeal in accordance with
section 2 of Rule 39, and
5. Allow withdrawal of the appeal.
On ejectment cases, there can be immediate execution of
RTC’s decision on appeal to CA or SC. It doesn’t require good
reasons, or even the filing off bond to allow the prevailing
party to be granted of immediate execution.
Section 9. Submission for decision. — If the petition is given
due course, the Court of Appeals may set the case for oral
argument or require the parties to submit memoranda within
a period of fifteen (15) days from notice. The case shall be
deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the
court itself.
What is the rule on submission of the petition for decision?
If the petition is given due course, the Court of Appeals may:
1. Set the case for oral argument
2. Require the parties to submit memoranda within a
period of fifteen (15) days from notice.
3. The case shall be deemed submitted for decision
upon the filing of the last pleading or memorandum
required by these Rules or by the court itself.
Resolution or submission of memoranda is subject to the
discretion of the court.
Appeal from the decisions of Regional Trial Courts sitting as
Special Agrarian Courts is by way of Petition for Review
under Rule 42. The reference therefore by Sec 61 only
means that the procedure under Rule 42 for petition for
review is to be followed in agrarian cases.
RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND
QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS
Quasi-judicial power defined – the term which applies to the
discretion, etc., of public administrative officers or bodies,
who are required to investigate facts, or ascertain the
existence of facts, holding hearings, and draw conclusions
from them, as a basis for their official function and to exercise
discretion of judicial nature.
Substantive basis of the power of Court of Appeals over
decision of quasi-judicial bodies.
Sec. 9 BP 129
Section 9. Jurisdiction. – The Court of Appeals shall
Exercise:
1. Original jurisdiction to issue writs of
mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary
writs or processes, whether or not in aid of
its appellate jurisdiction;
2. Exclusive original jurisdiction over actions
for annulment of judgements of Regional
Trial Courts; and
3. Exclusive appellate jurisdiction over all
final judgements, resolutions, orders or
awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards
or commission, including the Securities and
Exchange Commission, the Social Security
Commission, the Employees Compensation
Commission and the Civil Service
Commission, Except those falling within the
appellate jurisdiction of the Supreme Court
in accordance with the Constitution, the
Labor Code of the Philippines under
Presidential Decree No. 442, as amended,
the provisions of this Act, and of
subparagraph (1) of the third paragraph and
subparagraph 4 of the fourth paragraph od
Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual
issues raised in cases falling within its original and
appellate jurisdiction, including the power to grant
and conduct new trials or Appeals must be
continuous and must be completed within three (3)
months, unless extended by the Chief Justice. (as
amended by R.A. No. 7902.)
What are the cases falling under exclusive appellate
jurisdiction of Court of Appeals?
Exclusive appellate jurisdiction over
All final judgements, resolutions, orders or awards of
1. Regional Trial Courts and
2. Quasi-judicial agencies, instrumentalities, boards or
commission, including the
3. Securities and Exchange Commission,
4. The Social Security Commission,
5. The Employees Compensation Commission and
6. The Civil Service Commission,
Except those falling within the appellate jurisdiction of the
Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No.
442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4
of the fourth paragraph od Section 17 of the Judiciary Act of
1948.
Section 1. Scope. — This Rule shall apply to appeals from
judgments or final orders of the Court of Tax Appeals and
from awards, judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the exercise of its
quasi-judicial functions. Among these agencies are the Civil
Service Commission, Central Board of Assessment Appeals,
Securities and Exchange Commission, Office of the President,
Land Registration Authority, Social Security Commission, Civil
Aeronautics Board, Bureau of Patents, Trademarks and
Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications
Commission, Department of Agrarian Reform under Republic
Act No. 6657, Government Service Insurance System,
Employees Compensation Commission, Agricultural Invention
Board, Insurance Commission, Philippine Atomic Energy
Commission, Board of Investments, Construction Industry
Arbitration Commission, and voluntary arbitrators authorized
by law. (n)
This Rule shall apply to appeals from judgments or final
orders of the:
1. Court of Tax Appeals (amended already) and from
2. Awards, judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
a. Among these agencies are the:
1. Civil Service Commission,
2. Central Board of Assessment
Appeals,
3. Securities and Exchange
Commission,
4. Office of the President,
5. Land Registration Authority,
6. Social Security Commission,
7. Civil Aeronautics Board,
8. Bureau of Patents,
9. Trademarks and Technology
Transfer,
10. National Electrification
Administration,
11. Energy Regulatory Board,
12. National Telecommunications
Commission,
13. Department of Agrarian Reform
under Republic Act No. 6657,
14. Government Service Insurance
System,
15. Employees Compensation
Commission,
16. Agricultural Invention Board,
Insurance Commission,
17. Philippine Atomic Energy
Commission,
18. Board of Investments,
19. Construction Industry Arbitration
Commission, and voluntary
arbitrators authorized by law.
Decision of the Ombudsman in administrative cases is
reviewable by the CA under Rule 43. Findings of facts of the
Ombudsman in administrative cases are accorded with
respect and finality.
Jurisdiction of Housing Land Use and Regulatory Board
Section 1 of Presidential Decree No. 957 (Regulating the Sale
of Subdivision Lots and Condominiums, Providing Penalties
for Violations Thereof) defines the HLURB’s jurisdiction to
three kinds of cases:
(a) Unsound real estate business practices;
(b) Claims involving refund and any other claims filed by
subdivision lot or condominium unit buyers against the
project owner, developer, dealer, broker or salesman; and
(c) Cases involving specific performance of contractual
and statutory obligations filed by buyers of subdivision lots or
condominium units against the owner, developer, dealer,
broker or salesman.
The Court said that while paragraphs (b) and (c) limit
the HLURB’s authority to cases between the buyer and the
subdivision or condominium owner, developer, dealer, broker
or salesman, paragraph (a) is broad enough to include third
parties to the sales contract.
Decision of Department of Agrarian Reform is reviewable
under Rule 43.
Sec. 61 of RA No. 6657 clearly mandates that judicial review
of DAR Secretary decisions, orders or resolutions are
governed by rule 43 of ROC.
Court of Appeals has no jurisdiction to annul the decision of
SEC. It cannot annul the decision of SEC under Rule 47, it
applies only to judgment or final orders of Regional Trial
Court in civil cases per Sec. 1. MTC judgment and final orders
can be annulled by RTC as per Sec 10. Court of Appeals can
reverse of modify the SEC Decision under Rule 43.
Jurisdiction of Construction Industry and Arbitration
Commission – Base don Sec 4 of EO 1008, in order for CIACC
to acquire jurisdiction, two requisites must concur: “First, the
dispute must somehow related to a construction contract;
and second, the parties must have agreed to submit the
dispute to arbitration proceeding.”
Excluded quasi-judicial bodies under the coverage of the
rules
1. Court of Appeals – It must be noted however, that
by virtue of AM No 05-11-07-CTA 2005 of RA 9282 or
Revised Rules of Court of Appeals, as amended, Sec.
1 Rule 16 thereof, a party adversely affected by a
decision of the CTA en banc may appeal therefrom
by filing with SC a verified petition for review on
certiorari under Rule 45.
2. Central Board of Assessment Appeals – Sec 2(e),
Rule 4 of Revised Rules of CTA, the CTA en banc will
also exercise exclusive appellate jurisdiction over
cases involving the assessment and taxation of real
property originally decided by the provincial or city
board of assessment of appeals.
3. Labor Cases with NLRC – the procedure in labor
cases enunciated by the Court in case of St. Martin
Funeral Home vs NLRC has remained to be prevailing
rule and authority governing judicial review of
decisions and interlocutory orders of the NLRC. The
peculiar decision as reached y the court soley for the
purpose of “drastically reducing the workload of the
SC without depriving the litigants the privilege of
review by an appellate tribunal. Hence, the CA has
still authority to review decisions of the NLR but
not on Rule 43, but through petition for certiorari
under Rule 65– a remedy wherin the SC exercises
concurrent jurisdiction with CA.
Section 2. Cases not covered. — This Rule shall not apply to
judgments or final orders issued under the Labor Code of the
Philippines. (n)
What are cases not covered?
This Rule shall not apply to judgments or final orders issued
under the Labor Code of the Philippines. (n)
Section 3. Where to appeal. — An appeal under this Rule may
be taken to the Court of Appeals within the period and in the
manner herein provided, whether the appeal involves
questions of fact, of law, or mixed questions of fact and law.
(n)
Where to appeal and the grounds?
An appeal under this Rule may be taken to the Court of
Appeals within the period and in the manner herein provided,
whether the appeal involves questions of fact, of law, or
mixed questions of fact and law.
Section 4. Period of appeal. — The appeal shall be taken
within fifteen (15) days from notice of the award, judgment,
final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity,
or of the denial of petitioner's motion for new trial or
reconsideration duly filed in accordance with the governing
law of the court or agency a quo. Only one (1) motion for
reconsideration shall be allowed. Upon proper motion and
the payment of the full amount of the docket fee before the
expiration of the reglementary period, the Court of Appeals
may grant an additional period of fifteen (15) days only within
which to file the petition for review. No further extension
shall be granted except for the most compelling reason and in
no case to exceed fifteen (15) days. (n)
When to file an appeal?
The appeal shall be taken within:
1. Fifteen (15) days from notice of the award,
judgment, final order or resolution,
2. Fifteen (15) days from the date of its last publication,
if publication is required by law for its effectivity, or
3. Fifteen (15) days from the denial of petitioner's
motion for new trial or reconsideration duly filed in
accordance with the governing law of the court or
agency a quo.
Only one (1) motion for reconsideration shall be allowed.
The filing of the petition can be extend. -
Upon proper motion and the payment of the full amount of
the docket fee before the expiration of the reglementary
period, the Court of Appeals may grant an additional period
of fifteen (15) days only within which to file the petition for
review. No further extension shall be granted except for the
most compelling reason and in no case to exceed fifteen (15)
days. (n)
Section 5. How appeal taken. — Appeal shall be taken by
filing a verified petition for review in seven (7) legible copies
with the Court of Appeals, with proof of service of a copy
thereof on the adverse party and on the court or agency a
quo. The original copy of the petition intended for the Court
of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the
clerk of court of the Court of Appeals the docketing and other
lawful fees and deposit the sum of P500.00 for costs.
Exemption from payment of docketing and other lawful fees
and the deposit for costs may be granted by the Court of
Appeals upon a verified motion setting forth valid grounds
therefor. If the Court of Appeals denies the motion, the
petitioner shall pay the docketing and other lawful fees and
deposit for costs within fifteen (15) days from notice of the
denial. (n)
How appeal shall be taken?
Appeal shall be taken by:
1. Filing a verified petition for review in seven (7)
legible copies with the Court of Appeals,
2. With proof of service of a copy thereof on the
adverse party and on the court or agency a quo.
3. The original copy of the petition intended for the
Court of Appeals shall be indicated as such by the
petitioner.
What is the duty of the petitioner?
Upon the filing of the petition, the petitioner shall pay to the
clerk of court of the Court of Appeals the docketing and other
lawful fees and deposit the sum of P500.00 for costs.
Can the petitioner be granted exemption from payment of
fees?
Yes. Exemption from payment of docketing and other lawful
fees and the deposit for costs may be granted by the Court of
Appeals upon a verified motion setting forth valid grounds
therefor.
What is the effect if the motion is denied?
Exemption from payment of docketing and other lawful fees
and the deposit for costs may be granted by the Court of
Appeals upon a verified motion setting forth valid grounds
therefor.
Section 6. Contents of the petition. — The petition for review
shall (a) state the full names of the parties to the case,
without impleading the court or agencies either as petitioners
or respondents; (b) contain a concise statement of the facts
and issues involved and the grounds relied upon for the
review; (c) be accompanied by a clearly legible duplicate
original or a certified true copy of the award, judgment, final
order or resolution appealed from, together with certified
true copies of such material portions of the record referred to
therein and other supporting papers; and (d) contain a sworn
certification against forum shopping as provided in the last
paragraph of section 2, Rule 42. The petition shall state the
specific material dates showing that it was filed within the
period fixed herein. (2a)
What are the contents of the petition?
The petition for review shall contain the following:
(a) state the full names of the parties to the case,
without impleading the court or agencies either as
petitioners or respondents;
(b) contain a concise statement of the facts and
issues involved and the grounds relied upon for the
review;
(c) be accompanied by a clearly legible duplicate
original or a certified true copy of the award,
judgment, final order or resolution appealed from,
together with certified true copies of such material
portions of the record referred to therein and other
supporting papers; and
(d) contain a sworn certification against forum
shopping as provided in the last paragraph of section
2, Rule 42.
The petition shall state the specific material dates showing
that it was filed within the period fixed herein.
Section 7. Effect of failure to comply with requirements. —
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket
and other lawful fees, the deposit for costs, proof of service
of the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for
the dismissal thereof. (n)
What is the effect of failure to comply with requirements?
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket
and other lawful fees, the deposit for costs, proof of service
of the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for
the dismissal thereof.
Section 8. Action on the petition. — The Court of Appeals
may require the respondent to file a comment on the petition
not a motion to dismiss, within ten (10) days from notice, or
dismiss the petition if it finds the same to be patently without
merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration.
(6a)
What are the courses of action of the court?
The Court of Appeals may
1. Require the respondent to file a comment on the
petition not a motion to dismiss, within ten (10) days
from notice, or
 2. Dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for
delay, or
3. That the questions raised therein are too
unsubstantial to require consideration.
Section 9. Contents of comment. — The comment shall be
filed within ten (10) days from notice in seven (7) legible
copies and accompanied by clearly legible certified true
copies of such material portions of the record referred to
therein together with other supporting papers. The comment
shall (a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and (b) state the
reasons why the petition should be denied or dismissed. A
copy thereof shall be served on the petitioner, and proof of
such service shall be filed with the Court of Appeals. (9a)
Requirements in filing a comment-
1. Must be filed within 10 days from the notice
2. In 7 legible copies
3. Accompanied by clearly legible certified true copies
of such material portions of the record referred to
therein together with other supporting papers.
What are the contents of the comment?
The comment shall:
(a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and
(b) state the reasons why the petition should be
denied or dismissed.
A copy thereof shall be served on the petitioner, and proof of
such service shall be filed with the Court of Appea
Section 10. Due course. — If upon the filing of the comment
or such other pleadings or documents as may be required or
allowed by the Court of Appeals or upon the expiration of the
period for the filing thereof, and on the records the Court of
Appeals finds prima facie that the court or agency concerned
has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order
or resolution sought to be reviewed, it may give due course
to the petition; otherwise, it shall dismiss the same. The
findings of fact of the court or agency concerned, when
supported by substantial evidence, shall be binding on the
Court of Appeals. (n)
What is the rule if petition is given due course?
If upon the filing of the comment or such other pleadings or
documents as may be required or allowed by the Court of
Appeals or upon the expiration of the period for the filing
thereof, and on the records the Court of Appeals finds prima
facie that the court or agency concerned has committed
errors of fact or law that would warrant reversal or
modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same.
The findings of fact of the court or agency concerned, when
supported by substantial evidence, shall be binding on the
Court of Appeals.
Section 11. Transmittal of record. — Within fifteen (15) days
from notice that the petition has been given due course, the
Court of Appeals may require the court or agency concerned
to transmit the original or a legible certified true copy of the
entire record of the proceeding under review. The record to
be transmitted may be abridged by agreement of all parties
to the proceeding. The Court of Appeals may require or
permit subsequent correction of or addition to the record.
(8a)
What is the rule on transmittal of the record?
Within fifteen (15) days from notice that the petition has
been given due course, the Court of Appeals may require the
court or agency concerned to transmit the original or a legible
certified true copy of the entire record of the proceeding
under review. The record to be transmitted may be abridged
by agreement of all parties to the proceeding.
The Court of Appeals may require or permit subsequent
correction of or addition to the record.
Section 12. Effect of appeal. — The appeal shall not stay the
award, judgment, final order or resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise
upon such terms as it may deem just. (10a)
Effect of the appeal-
The appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed unless the Court of Appeals
shall direct otherwise upon such terms as it may deem just.
Section 13. Submission for decision. — If the petition is given
due course, the Court of Appeals may set the case for oral
argument or require the parties to submit memoranda within
a period of fifteen (15) days from notice. The case shall be
deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the
court of Appeals. (n)
If the petition is given due course, the Court of Appeals may:
1. Set the case for oral argument or
2. Require the parties to submit memoranda within a
period of fifteen (15) days from notice.
The case shall be deemed submitted for decisionupon the
filing of the last pleading or memorandum required by these
Rules or by the court of Appeals. (n)
Procedure for Ordinary Appeals – Rule 44
Section 1. Title of cases.
Section 2. Counsel and guardians.
Section 3. Order of transmittal of record.
Section 4. Docketing of case.
Section 5. Completion of record.
Section 6. Dispensing with complete record.
Section 7. Appellant's brief.
Section 8. Appellee's brief.
Section 9. Appellant's reply brief.
Section 10. Time of filing memoranda in special cases.
Section 11. Several appellants or appellees or several counsel
for each party.
Section 12. Extension of time for filing briefs.
Section 13. Contents of appellant's brief.
Section 14. Contents of appellee's brief.
Section 1. Title of cases. — In all cases appealed to the Court
of Appeals under Rule 41, the title of the case shall remain as
it was in the court of origin, but the party appealing the case
shall be further referred to as the appellant and the adverse
party as the appellee. (1a, R46)
What is the rule in the title of the case?
In all cases appealed to the Court of Appeals under Rule 41,
the title of the case shall remain as it was in the court of
origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the
appellee
Section 2. Counsel and guardians. — The counsel and
guardians ad litem of the parties in the court of origin shall be
respectively considered as their counsel and guardians ad
litem in the Court of Appeals. When others appear or are
appointed, notice thereof shall be served immediately on the
adverse party and filed with the court. (2a, R46)
Rule for the counsel and guardians ad litem-
The counsel and guardians ad litem of the parties in the court
of origin shall be respectively considered as their counsel and
guardians ad litem in the Court of Appeals.
When others appear or are appointed, notice thereof shall be
served immediately on the adverse party and filed with the
court
Section 3. Order of transmittal of record. — If the original
record or the record on appeal is not transmitted to the Court
of Appeals within thirty (30) days after the perfection of the
appeal, either party may file a motion with the trial court,
with notice to the other, for the transmittal of such record or
record on appeal. (3a, R46)
Remedy is the record on appeal is not transmitted to CA?
If the original record or the record on appeal is not
transmitted to the Court of Appeals within thirty (30) days
after the perfection of the appeal, either party may file a
motion with the trial court, with notice to the other, for the
transmittal of such record or record on appeal
Section 4. Docketing of case. — Upon receiving the original
record or the record on appeal and the accompanying
documents and exhibits transmitted by the lower court, as
well as the proof of payment of the docket and other lawful
fees, the clerk of court of the Court of Appeals shall docket
the case and notify the parties thereof. (4a, R46)
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file with the
clerk of court seven (7) clearly legible copies of the approved
record on appeal, together with the proof of service of two
(2) copies thereof upon the appellee.
Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for dismissal of
the appeal. (n)
What is the rule in docketing of the case?
— Upon receiving the original record or the record on appeal
and the accompanying documents and exhibits transmitted
by the lower court, as well as the proof of payment of the
docket and other lawful fees, the clerk of court of the Court
of Appeals shall docket the case and notify the parties
thereof.
What is the duty of the appellant upon receipt of notice?
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file with the
clerk of court seven (7) clearly legible copies of the approved
record on appeal, together with the proof of service of two
(2) copies thereof upon the appellee.
Effect of unauthorized alteration, omission or addition in
approved record on appeal-
Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for dismissal of
the appeal
Section 5. Completion of record. — Where the record of the
docketed case is incomplete, the clerk of court of the Court of
Appeals shall so inform said court and recommend to it
measures necessary to complete the record. It shall be the
duty of said court to take appropriate action towards the
completion of the record within the shortest possible time.
(n)
Rule if the record of appeal is incomplete-
Where the record of the docketed case is incomplete, the
clerk of court of the Court of Appeals shall so inform said
court and recommend to it measures necessary to complete
the record. It shall be the duty of said court to take
appropriate action towards the completion of the record
within the shortest possible time.
Section 6. Dispensing with complete record. — Where the
completion of the record could not be accomplished within a
sufficient period allotted for said purpose due to insuperable
or extremely difficult causes, the court, on its own motion or
on motion of any of the parties, may declare that the record
and its accompanying transcripts and exhibits so far available
are sufficient to decide the issues raised in the appeal, and
shall issue an order explaining the reasons for such
declaration. (n)
Courses of action of CA is the record is incomplete-
Where the completion of the record could not be
accomplished within a sufficient period allotted for said
purpose due to insuperable or extremely difficult causes, the
court, on its own motion or on motion of any of the parties,
may:
1. Declare that the record and its accompanying
transcripts and exhibits so far available are sufficient
to decide the issues raised in the appeal, and
2. Shall issue an order explaining the reasons for such
declaration.
Section 7. Appellant's brief. — It shall be the duty of the
appellant to file with the court, within forty-five (45) days
from receipt of the notice of the clerk that all the evidence,
oral and documentary, are attached to the record, seven (7)
copies of his legibly typewritten, mimeographed or printed
brief, with proof of service of two (2) copies thereof upon the
appellee. (10a, R46)
When to file appellant’s brief?
It shall be the duty of the appellant to file with the court,
within forty-five (45) days from receipt of the notice of the
clerk that all the evidence, oral and documentary, are
attached to the record, seven (7) copies of his legibly
typewritten, mimeographed or printed brief, with proof of
service of two (2) copies thereof upon the appellee.
Failure to file appellant’s brief is a ground for dismissal of
the appeal. Even not jurisdictional, it will cause the dismissal.
Section 8. Appellee's brief. — Within forty-five (45) days
from receipt of the appellant's brief, the appellee shall file
with the court seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of two
(2) copies thereof upon the appellant. (11a, R46)
When will an appellee’s brief is to be filed?
Within forty-five (45) days from receipt of the appellant's
brief, the appellee shall file with the court seven (7) copies of
his legibly typewritten, mimeographed or printed brief, with
proof of service of two (2) copies thereof upon the appellant.
(11a, R46)
Section 9. Appellant's reply brief. — Within twenty (20) days
from receipt of the appellee's brief, the appellant may file a
reply brief answering points in the appellee's brief not
covered in his main brief. (12a, R46)
When to file appellant’s reply brief?
Within twenty (20) days from receipt of the appellee's brief,
the appellant may file a reply brief answering points in the
appellee's brief not covered in his main brief.
Section 10. Time of filing memoranda in special cases. — In
certiorari, prohibition, mandamus, quo warranto and habeas
corpus cases, the parties shall file in lieu of briefs, their
respective memoranda within a non-extendible period of
thirty (30) days from receipt of the notice issued by the clerk
that all the evidence, oral and documentary, is already
attached to the record. (13a, R46)
The failure of the appellant to file his memorandum within
the period therefor may be a ground for dismissal of the
appeal. (n)
When to file memoranda?
In certiorari, prohibition, mandamus, quo warranto and
habeas corpus cases, the parties shall file in lieu of briefs,
their respective memoranda within a non-extendible period
of thirty (30) daysfrom receipt of the notice issued by the
clerk that all the evidence, oral and documentary, is already
attached to the record.
Effect of failure to file memorandum?
The failure of the appellant to file his memorandum within
the period therefor may be a ground for dismissal of the
appeal.
Section 11. Several appellants or appellees or several
counsel for each party. — Where there are several
appellants or appellees, each counsel representing one or
more but not all of them shall be served with only one copy
of the briefs. When several counsel represent one appellant
or appellee, copies of the brief may be served upon any of
them. (14a, R46)
Rule of service of brief when there are several appellants or
appellees-
Each counsel representing one or more but not all of them
shall be served with only one copy of the briefs.
When several counsel represent one appellant or appellee,
copies of the brief may be served upon any of them.
Section 12. Extension of time for filing briefs. — Extension of
time for the filing of briefs will not be allowed, except for
good and sufficient cause, and only if the motion for
extension is filed before the expiration of the time sought to
be extended. (15, R46)
General Rule: Extension of time for the filing of briefs will not
be allowed
Exception: Except for good and sufficient cause, and only if
the motion for extension is filed before the expiration of the
time sought to be extended
Section 13. Contents of appellant's brief. — The appellant's
brief shall contain, in the order herein indicated, the
following:
(a) A subject index of the matter in the brief with a digest of
the arguments and page references, and a table of cases
alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
(b) An assignment of errors intended to be urged, which
errors shall be separately, distinctly and concisely stated
without repetition and numbered consecutively;
(c) Under the heading "Statement of the Case," a clear and
concise statement of the nature of the action, a summary of
the proceedings, the appealed rulings and orders of the
court, the nature of the judgment and any other matters
necessary to an understanding of the nature of the
controversy with page references to the record;
(d) Under the heading "Statement of Facts," a clear and
concise statement in a narrative form of the facts admitted
by both parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to
make it clearly intelligible, with page references to the
record;
(e) A clear and concise statement of the issues of fact or law
to be submitted, to the court for its judgment;
(f) Under the heading "Argument," the appellant's arguments
on each assignment of error with page references to the
record. The authorities relied upon shall be cited by the page
of the report at which the case begins and the page of the
report on which the citation is found;
(g) Under the heading "Relief," a specification of the order or
judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the
appellant's brief shall contain, as an appendix, a copy of the
judgment or final order appealed from. (16a, R46)
What are the contents of the appellants brief?
— The appellant's brief shall contain, in the order herein
indicated, the following:
1. A subject index of the matter in the brief with a
digest of the arguments and page references, and a
table of cases alphabetically arranged, textbooks and
statutes cited with references to the pages where
they are cited;
2. An assignment of errors intended to be urged,
which errors shall be separately, distinctly and
concisely stated without repetition and numbered
consecutively;
3. Under the heading "Statement of the Case," a clear
and concise statement of the nature of the action, a
summary of the proceedings, the appealed rulings
and orders of the court, the nature of the judgment
and any other matters necessary to an
understanding of the nature of the controversy with
page references to the record;
4. Under the heading "Statement of Facts," a clear and
concise statement in a narrative form of the facts
admitted by both parties and of those in
controversy, together with the substance of the
proof relating thereto in sufficient detail to make it
clearly intelligible, with page references to the
record;
5. A clear and concise statement of the issues of fact or
law to be submitted, to the court for its judgment;
6. Under the heading "Argument," the appellant's
arguments on each assignment of error with page
references to the record. The authorities relied upon
shall be cited by the page of the report at which the
case begins and the page of the report on which the
citation is found;
 7. Under the heading "Relief," a specification of the
order or judgment which the appellant seeks; and
8. In cases not brought up by record on appeal, the
appellant's brief shall contain, as an appendix, a
copy of the judgment or final order appealed from
Statement of issues vs assignment of errors-
An assignment of errors is an enumeration by the appellant of
the errors alleged to have been committed by the trial court
for which he seeks to obtain a reversal of the judgment, while
statement of issues puts forth the questions of fact or law to
be resolved by the appellate court.
Section 14. Contents of appellee's brief. — The appellee's
brief shall contain, in the order herein indicated the
following:
(a) A subject index of the matter in the brief with a digest of
the arguments and page references, and a table of cases
alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee
shall state that he accepts the statement of facts in the
appellant's brief, or under the heading "Counter-Statement of
Facts," he shall point out such insufficiencies or inaccuracies
as he believes exist in the appellant's statement of facts with
references to the pages of the record in support thereof, but
without repetition of matters in the appellant's statement of
facts; and
(c) Under the heading "Argument," the appellee shall set
forth his arguments in the case on each assignment of error
with page references to the record. The authorities relied on
shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is
found. (17a, R46)
What are the contents of the appellee’s brief?
The appellee's brief shall contain, in the order herein
indicated the following:
(a) A subject index of the matter in the brief with a digest of
the arguments and page references, and a table of cases
alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee
shall state that he accepts the statement of facts in the
appellant's brief, or under the heading "Counter-Statement
of Facts," he shall point out such insufficiencies or
inaccuracies as he believes exist in the appellant's statement
of facts with references to the pages of the record in support
thereof, but without repetition of matters in the appellant's
statement of facts; and
(c) Under the heading "Argument," the appellee shall set
forth his arguments in the case on each assignment of error
with page references to the record. The authorities relied on
shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is
found. (17a, R46)
Section 15. Questions that may be raised on appeal. —
Whether or not the appellant has filed a motion for new trial
in the court below he may include in his assignment of errors
any question of law or fact that has been raised in the court
below and which is within the issues framed by the parties.
(18, R46 )
What questions that may be raised on appeal-
He may include in his assignment of errors any question of
law or fact that has been raised in the court below and which
is within the issues framed by the parties, whether or not
appellant has filed a motion for new trial in the court.
Procedural Flow
In case of judgment/final order of RTC, Appellant files a
notice of appeal and record on appeal for approval with RTC
and copy is on appellee.
Within 30 days from perfection of appeal, RTC Clerk of Court
transmits original records or approved Record on Appeal to
Court of Appeals.
For Record on Appeal, the Appellant shall file with the Clerk
of Court 7 Copies of the approved Record on Appeal with
proof of Service of 2 copies upon Appellee within 10 days
form receipt of Notice of the Clerk of the CA.
Within 45 days after being notified that Court of Appeals has
received records and evidence of case, Appellant files 7
copies of brief with proof of service of 2 copies upon
Appellee.
Within 45 days from receipt of the Appellant’s Brief, Appellee
submits 7 copies of his brief with Court of appeals’ Clerk with
proof of service of 2 copies upon Appellant.
Within 20 days from receipt of Appellee’s brief, Appellant
may file Reply brief.
Decision on appeal by 3 Justices of a division: may dismiss,
affirm, reverse, or modify appealed judgment and may direct
a new trial or further proceedings to take place.
APPEAL BY CERTIORARI TO THE SUPREME COURT – RULE 45
Petition for Review on Certiorari
Article VIII, Sec. 5, (2) Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
c) All cases in which the jurisdiction of any lower court
is in issue.
d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e) All cases in which only an error or question of law is
involved.
Constitutional provision on the case decided by the
Supreme Court en banc
Article VIII, Sec. 4 (2) All cases involving the constitutionality
of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all
other cases which under the Rules of Court are required to be
heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
What are the cases which are decided by the Supreme Court
en banc?
 All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which
shall be heard by the Supreme Court en banc, and
 All other cases which under the Rules of Court are
required to be heard en banc, including those
involving the constitutionality, application, or
operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of
a majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon.
Section 1. Filing of petition with Supreme Court. —A party
desireing to appeal by certiorari from a judgment, final order
or resolution of the Court of Appeals, the Sandiganbayan, the
Court of Tax Appeals, the Regional Trial court or other courts,
whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition
may include an application for writ of preliminary injunction
or other provisional remedies which must be distinctly set
forth. The petitioner may seek the same provisional remedies
by verified motion filed in the same action or proceeding at
any time during its pendency. (As amended by AM No. 07-7-
12-SC, December 12, 2007)
When to file petition for certiorari?
A party desireing to appeal by certiorari from a judgment,
final order or resolution of the Court of Appeals, the
Sandiganbayan, the Court of Tax Appeals, the Regional Trial
court or other courts, whenever authorized by law, may file
with the Supreme Court a verified petition for review on
certiorari.
May provisional remedy be availed of in the petition?
Yes. The petition may include an application for writ of
preliminary injunction or other provisional remedies which
must be distinctly set forth. The petitioner may seek the same
provisional remedies by verified motion filed in the same
action or proceeding at any time during its pendency
What are the grounds that must be raised?
Only questions of law and must be distinctly set forth.
Question of fact exists when the doubt centers on the truth
or falsity of alleged facts while question of law exists if the
doubt centers on what the law is on a certain set of facts.
There is a question of fact if the issue requires a review of
evidence presented or requires the re-evaluation of
credibility of the witnesses, and there is a question of law if
the issue raised is capable of being resolved without the need
of reviewing the probative value of the evidence.
Instances when the Supreme Court may pass upon question
of fact-
The exception applies only in the presence of extremely
meritorious circumstances like:
1. When the inference made is manifestly mistaken,
absurd or impossible.
 2. When there is a grave abuse of discretion
3. When the findings are grounded entirely on
speculations, surmises or conjectures.
4. When the judgment of the Ca is based on
misapprehension of facts
5. Whent eh findings of fact of the lower courts are
conflicting
6. When the CA, in making its findings, went beyong
the issues of the case and the same is contrary to the
admissions of both appellant and appellee.
7. When the findings of fact are conclusions without
citation of specific evidence on which they are
based;
8. When the CA manifestly overlooked certain relevant
facts not disputed by the parties and which, if
properly considered, would justify a different
conclusion,
9. Went eh findings of fact of the CA are premised on
the absence of evidence and are contradicted by
evidence on record.
10. When the findings are contrary to those of trial
court.
11. Adverse decision in a petition for writ of amparo;
12. Adverse decision in a petition for writ of habeas
corpus;
13. Adverse judgment in a writ of kalikasan;
Weighing of evidence is a factual issue not within the
Court’s function. A weighing of evidence necessarily involves
the consideration of factual issues – an exercise that is not
appropriate for Rule 45.
Question of compliance or non-compliance of notice and
publication is a question of fact. Metropolitan Bank and
Trust Company vsSps. Edmundo Miranda and Julie Miranda,
2011
Question on the existence of implied trust is a question of
fact, ordinarily outside the purview of Rule 45 review of
purely legal questions.
Existence of tenancy relationship is a question of fact.
Therefore, as a rule, beyond the petition for review on
certiorari under Rule 45.
Factual findings of facts affirmed by the Court of Appeals are
binding on the Supreme Court.
Petition for review on certiorari is available in labor cases,
but limited only on questions of law, and grave abuse of
discretion.
Remedy in case of adverse judgment in a petition for
issuance of writ of kalikasan – Sec. 16, Rule 7 Part II of AM
No. 09-6-8-SC Rules of Procedure for Environmental Cases –
Sec. 16, Appeal – Within fifteen 15 days from the date of
notice of the adverse judgment or denial of motion for
reconsideration, any party may appeal to the Supreme Court
under Rule 45 of the Rules of Court. The appeal may raise
question of fact.
Section 2. Time for filing; extension. — The petition shall be
filed within fifteen (15) days from notice of the judgment or
final order or resolution appealed from, or of the denial of
the petitioner's motion for new trial or reconsideration filed
in due time after notice of the judgment. On motion duly filed
and served, with full payment of the docket and other lawful
fees and the deposit for costs before the expiration of the
reglementary period, the Supreme Court may for justifiable
reasons grant an extension of thirty (30) days only within
which to file the petition. (1a, 5a)
When to file petition for review on certiorari?
1. Within fifteen 15 days from notice of judgment or
final order or resolution appealed from;
2. Fifteen 15 days notice of the denial of the
petitioner’s motion for new trial or reconsideration
filed in due time after notice of judgment.
Can the period of filing be extended?
Yes. On motion duly filed and served, with full payment of the
docket and other lawful fees and the deposit for costs before
the expiration of the reglementary period, the Supreme Court
may for justifiable reasons grant an extension of thirty (30)
days only within which to file the petition.
Section 3. Docket and other lawful fees; proof of service of
petition. — Unless he has theretofore done so, the petitioner
shall pay the corresponding docket and other lawful fees to
the clerk of court of the Supreme Court and deposit the
amount of P500.00 for costs at the time of the filing of the
petition. Proof of service of a copy, thereof on the lower
court concerned and on the adverse party shall be submitted
together with the petition. (1a)
Dues of the petition – docket and other lawful fees; proof of
petition
1. Pay the corresponding docket and other lawful fees
to the clerk of court of Supreme Court
2. Deposit the amount of 500 for costs at the time of
filing of the petition
3. Proof of service of a copy thereof on the lower court
concerned and on the adverse party shall be
submitted together with the petition
Section 4. Contents of petition. — The petition shall be filed
in eighteen (18) copies, with the original copy intended for
the court being indicated as such by the petitioner and shall
(a) state the full name of the appealing party as the petitioner
and the adverse party as respondent, without impleading the
lower courts or judges thereof either as petitioners or
respondents; (b) indicate the material dates showing when
notice of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or
reconsideration, if any, was filed and when notice of the
denial thereof was received; (c) set forth concisely a
statement of the matters involved, and the reasons or
arguments relied on for the allowance of the petition; (d) be
accompanied by a clearly legible duplicate original, or a
certified true copy of the judgment or final order or
resolution certified by the clerk of court of the court a quo
and the requisite number of plain copies thereof, and such
material portions of the record as would support the petition;
and (e) contain a sworn certification against forum shopping
as provided in the last paragraph of section 2, Rule 42. (2a)
The petition shall be filed in eighteen (18) copies, with the
original copy intended for the court being indicated as such
by the petitioner and shall contain:
1. State the full name of the appealing party as the petitioner
and the adverse party as respondent, without impleading the
lower courts or judges thereof either as petitioners or
respondents;
2. Indicate the material dates showing when notice of the
judgment or final order or resolution subject thereof was
received, when a motion for new trial or reconsideration, if
any, was filed and when notice of the denial thereof was
received;
3. Set forth concisely a statement of the matters involved,
and the reasons or arguments relied on for the allowance of
the petition;
4. Be accompanied by a clearly legible duplicate original, or a
certified true copy of the judgment or final order or
resolution certified by the clerk of court of the court a quo
and the requisite number of plain copies thereof, and such
material portions of the record as would support the petition;
and
5. Contain a sworn certification against forum shopping as
provided in the last paragraph of section 2
Sec 4 Rule 45 on the contents of the petition is not absolute
rule – The requirement is not meant to be an absolute rule
whose violation would automatically lead to the petition’s
dismissal. FAT Kee Computer Systems Incvs Online Networks
international Inc.
Efficient Use of Paper Rule – Amendment to the Rule 45 as
to the number of copies of the petition to be filed with the
SC:
Sec. 5. Copies to be filed. – Unless otherwise directed by the
court, the number of court- bound papers that a party is
required or desires to file shall be as follows:
a. In the Supreme Court, one original (properly marked) and
four copies, unless the case is referred to the Court En Banc,
in which event, the parties shall file ten additional copies. For
the En Banc, the parties need to submit only two sets of
annexes, one attached to the original and an extra copy. For
the Division, the parties need to submit also two sets of
annexes, one attached to the original and an extra copy. All
members of the Court shall share the extra copies of annexes
in the interest of economy of paper.
Parties to cases before the Supreme Court are further
required, on voluntary basis for the first six months following
the effectivity of this Rule and compulsorily afterwards unless
the period is extended, to submit, simultaneously with their
court-bound papers, soft copies of the same and their
annexes (the latter in PDF format) either by email to the
Court’s e-mail address or by compact disc (CD). This
requirement is in preparation for the eventual establishment
of an e-filing paperless system in the judiciary.
How many copies of petitions and annexes shall be filed
with the SC en banc?
One original (properly marked) and 4 copies, unless the case
is referred to the Court en banc, in which event, the parties
shall file ten additional copies. For en banc, the parties need
to submit only two set of annexes, one attached to the
original and extra copy.
How many copies and annexes for a division?
For the division, the parties need to submit also two sets of
annexes, one attached to the original and an extra copy. All
members of the Court shall share the extra copies of annexes
in the interest of economy of paper.
Section 5. Dismissal or denial of petition. — The failure of
the petitioner to comply with any of the foregoing
requirements regarding the payment of the docket and other
lawful fees, deposit for costs, proof of service of the petition,
and the contents of and the documents which should
accompany the petition shall be sufficient ground for the
dismissal thereof.
The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit, or is
prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration. (3a)
What is the effect of failure to comply with the
requirements?
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket
and other lawful fees, deposit for costs, proof of service of
the petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground for
the dismissal thereof.
When there would be motu-propio dismissal?
The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is:
1. Without merit
2. Prosecuted manifestly for delay, or
3. That the questions raised therein are too
unsubstantial to require consideration. (3a)
Section 6. Review discretionary. — A review is not a matter
of right, but of sound judicial discretion, and will be granted
only when there are special and important reasons thereof.
The following, while neither controlling nor fully measuring
the court's discretion, indicate the character of the reasons
which will be considered:
(a) When the court a quo has decided a question of
substance, not theretofore determined by the Supreme
Court, or has decided it in a way probably not in accord with
law or with the applicable decisions of the Supreme Court; or
(b) When the court a quo has so far departed from the
accepted and usual course of judicial proceedings, or so far
sanctioned such departure by a lower court, as to call for an
exercise of the power of supervision. (4a)
What is the nature of the power of review by the Supreme
Court-
A review is not a matter of right, but of sound judicial
discretion, and will be granted only when there are special
and important reasons thereof
Reasons which will be considered in reviewing cases-
The following, while neither controlling nor fully measuring
the court's discretion, indicate the character of the reasons
which will be considered:
(a) When the court a quo has decided a question of
substance, not theretofore determined by the
Supreme Court, or has decided it in a way probably
not in accord with law or with the applicable
decisions of the Supreme Court; or
(b) When the court a quo has so far departed from
the accepted and usual course of judicial
proceedings, or so far sanctioned such departure by
a lower court, as to call for an exercise of the power
of supervision. (4a)
Section 7. Pleadings and documents that may be required;
sanctions. — For purposes of determining whether the
petition should be dismissed or denied pursuant to section 5
of this Rule, or where the petition is given due course under
section 8 hereof, the Supreme Court may require or allow the
filing of such pleadings, briefs, memoranda or documents as
it may deem necessary within such periods and under such
conditions as it may consider appropriate, and impose the
corresponding sanctions in case of non-filing or unauthorized
filing of such pleadings and documents or non-compliance
with the conditions therefor. (n)
What are the pleadings and documents that may be
required?
1. Pleadings
2. Briefs
3. Memoranda
4. Documents as it may deem necessary within such
periods and under such condition as it may consider
appropriate
The court may impose the corresponding sanctions in case of
non-filing or unauthorized filing of such pleadings and
documents or non-compliance with the conditions therefor.
Section 8. Due course; elevation of records. — If the petition
is given due course, the Supreme Court may require the
elevation of the complete record of the case or specified
parts thereof within fifteen (15) days from notice. (2a)
What is the effect if the petition is given due course?
The Supreme Court may require elevation of the complete
record of the case or specified parts thereof within 15 days
from the notice.
Section 9. Rule applicable to both civil and criminal cases. —
The mode of appeal prescribed in this Rule shall be applicable
to both civil and criminal cases, except in criminal cases
where the penalty imposed is death, reclusion perpetua or
life imprisonment. (n)
The rule 45 applies to both criminal and civil actions.
Exceptions: Where the penalty imposed is death, reclusion
perpetua, or life imprisonment.
Distinction between Rule 45 and Rule 65
Rule 45 Rule 65
a) Petition is based on a. The petition raises
questions of law the issue whether or
which the appellant not the lower court
desires the court to acted without or in
 resolve
b) It is a mode of
appeal involving the
review of judgment, b.
award or final order
on the merits
c) It is a mode of
appeal which
centers on the
review on the merits
of final order of the
lower court
involving pure c.
questions of law
d) Must be made
within the
reglementary period
for appeal or within
15 days from the
receipt of the
assailed judgment
e) Stays the judgment, d.
award, or order
appealed from
f) Petition and
responsdent are the
original parties to
the action, and the e.
lower court or
quasi-judicial agency
is not impleaded
g) Prior filing of motion
for reconsideration
is not required
h) The appellate court
is in the exercise of
its appellate f.
jurisdiction and the
power of review
g.
h.
Summary of formal and procedural requirements in filing of
petition for review on certiorari
excess of jurisdiction a. Verified petition for review no certiorari filed in 18
or gave abuse of legible copies, with the original copy intended for
jurisdiction the court being indicated as such by the petitioner.
Directed against the
b. Filed within 15 days from the notice of the judgment
interlocutory order
or final order or resolution appealed form, or of
of the court prior to
appeal form denial of the petitioner’s motion for new trial or
judgment or where reconsideration filed in due time after notice of
there is no appeal or judgment
any other plain,
speedy and The petition shall:
adequate remedy
Is an original action 1. State the full name of the appealing partyas the
that dwells on the petition and adverse party as respondent, without
jurisdictional errors impleading the lower courts or judges thereof either
of whether the as petitioner or respondents;
lower court acted 2. Indicate the material dates showing that the
without or in excess
petition was filed on time, when notice of he
of its jurisdiction or
with grave abuse of judgment or final order or resolution subject thereof
jurisdiction was received, when the motion for new trial or
May be filed not reconsideration if any was filed and when the notice
later than 60 days of denial thereof was received
from the notice of 3. Set forth concisely a statement of matters involved,
judgment, order or and the reasons or arguments relied on for the
resolution sought ot
allowance of the petition
be assailed
Unless a writ of 4. Be accompanied by a clearly legible duplicate
preliminary original, or a certified true copy of he judgment or
injunction or final order or resolution certified by the clerk of
temporary court of the court a quo and the requisite number of
restraining order the plain copies thereof, and such material of the
shall have been
record as would support the petition
issued, does not
5. Contain verification prescribed in Sec. 4, Rule 7 of
stay the challenged
preceeding the Rules of Cvil Procedure, as amended by the
The parties are the Circular No 48-2000: That the affiant has read the
aggrieved party pleading and the allegations therein are true and
against the lower correct of his knowledge or base don authentic
court or quasi- records
judicial agency and
6. Contain a sworn certification against forum
the prevailing
parties shopping
Motion for 7. Unless he has therefore done so, the petition shall
reconsideration is pay the corresponding docket and other lawful fees
required as a to the clerk of SC and thr deposit amount of 500 for
general rule. costs at the time of the filing of the petition
The higher court 8. Serve the copy of the petition upon the adverse
exercises original
party or parties and on the court or agency a quo,
jurisdiction under its
power of control with the required proof of service (affidavit of
and supervision over service) in accordance with Sec. 13, Rule 13.
the proceedings of 9. Whenever practicable, the service and filing of the
the lower court pleading and other papers shall be done personally.
A resort to other modes must be accompanied with
written explanation
10. If the court decides to give due course to the
petition, it may require or allow the filing for such
 pleadings, briefs, memoranda or documents as it
may deem necessary.
RULE 50 - Dismissal of Appeal
Section 1. Grounds for dismissal of appeal. — An appeal may
be dismissed by the Court of Appeals, on its own motion or
on that of the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that
the appeal was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal
within the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful
fees as provided in section 5, Rule 40 and section 4 of Rule
41; (Bar Matter No. 803, 17 February 1998)
(d) Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in section 4 of Rule
44;
(e) Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules;
(f) Absence of specific assignment of errors in the appellant's
brief, or of page references to the record as required in
section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited
by the court in its order;
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders, circulars,
or directives of the court without justifiable cause; and
(i) The fact that the order or judgment appealed from is not
appealable. (1a)
Grounds for dismissal of the appeal-
(a) Failure of the record on appeal to show on its face that
the appeal was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on
appeal within the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other
lawful fees as provided in section 5, Rule 40 and section 4 of
Rule 41; (Bar Matter No. 803, 17 February 1998)
(d) Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in section 4 of Rule
44;
(e) Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules;
(f) Absence of specific assignment of errors in the
appellant's brief, or of page references to the record as
required in section 13, paragraphs (a), (c), (d) and (f) of Rule
44;
(g) Failure of the appellant to take the necessary steps for
the correction or completion of the record within the time
limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders, circulars,
or directives of the court without justifiable cause; and
(i) The fact that the order or judgment appealed from is not
appealable. (1a
Dismissal of appeal is discretionary
In a long line of cases, the Court has held that the CA’s
authority to dismiss an appeal for failure to file the
appellant’s brief is a matter of judicial discretion. Thus, a
dismissal on this ground is neither mandatory or ministerial;
the fundamentals of justice and fairness must be observed,
bearing in mind the background and web of circumstances.
Section 2. Dismissal of improper appeal to the Court of
Appeals. — An appeal under Rule 41 taken from the Regional
Trial Court to the Court of Appeals raising only questions of
law shall be dismissed, issues purely of law not being
reviewable by said court. Similarly, an appeal by notice of
appeal instead of by petition for review from the appellate
judgment of a Regional Trial Court shall be dismissed. (n)
An appeal erroneously taken to the Court of Appeals shall not
be transferred to the appropriate court but shall be dismissed
outright. (3a)
Effects of improper appeals to the CA
1. An appeal under Rule 41 taken from the Regional
Trial Court to the Court of Appeals raising only
questions of law shall be dismissed, issues purely of
law not being reviewable by said court. Similarly, an
appeal by notice of appeal instead of by petition for
review from the appellate judgment of a Regional
Trial Court shall be dismissed.
2. An appeal erroneously taken to the Court of Appeals
shall not be transferred to the appropriate court but
shall be dismissed outight.
Section 3. Withdrawal of appeal. — An appeal may be
withdrawn as of right at any time before the filing of the
appellee's brief. Thereafter, the withdrawal may be allowed
in the discretion of the court. (4a)
When to withdraw an appeal is a matter right
An appeal may be withdrawn as of right at any time before
the filing of the appellee's brief.
When matter of discretion
After the filing of the appellee’s brief the withdrawal may be
allowed in the discretion of the court
RULE 56 - Procedure in Supreme Court -
A. Original Cases
Section 1. Original cases cognizable. — Only petitions for
certiorari, prohibition, mandamus, quo warranto, habeas
corpus, disciplinary proceedings against members of the
judiciary and attorneys, and cases affecting ambassadors,
other public ministers and consuls may be filed originally in
the Supreme Court. (n)
What are the cases which can be filed originally to the SC
under the rules?
1. Petitions for certiorari
2. Petitions for prohibition
3. Petitions for mandamus
4. Petitions for quo warranto
5. Petitions for habeas corpus
6. Disciplinary proceedings against members or
judiciary and attorneys
7. Cases affecting ambassadors, other public minister
and consuls
Section 2. Rules applicable. — The procedure in original
cases for certiorari, prohibition, mandamus, quo warranto
and habeas corpus shall be in accordance with the applicable
provisions of the Constitution, laws, and Rules 46, 48, 49, 51,
52 and this Rule, subject to the following provisions:
a) All references in said Rules to the Court of Appeals shall be
understood to also apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and
specifically intended for appealed cases in the Court of
Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be
filed, together with proof of service on all adverse parties.
The proceedings for disciplinary action against members of
the judiciary shall be governed by the laws and Rules
prescribed therefor, and those against attorneys by Rules
139-B, as amended. (n)
What is the procedure for cases originally filed with SC?
— The procedure in original cases for certiorari, prohibition,
mandamus, quo warranto and habeas corpus shall be in
accordance with the applicable provisions of the Constitution,
laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the
following provisions:
a) All references in said Rules to the Court of Appeals shall
be understood to also apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and
specifically intended for appealed cases in the Court of
Appeals shall not be applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be
filed, together with proof of service on all adverse parties.
What rule shall govern the disciplinary action against
members of the bar?
The proceedings for disciplinary action against members of
the judiciary shall be governed by the laws and Rules
prescribed therefor, and those against attorneys.
B. Appealed Cases
Section 3. Mode of appeal. — An appeal to the Supreme
Court may be taken only by a petition for review on certiorari,
except in criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment. (n)
What is the mode of appeal in the Supreme Court?
An appeal to the Supreme Court may be taken only by a
petition for review on certiorari,except in criminal cases
where the penalty imposed is death, reclusion perpetua or life
imprisonment.
Section 4. Procedure. — The appeal shall be governed by and
disposed of in accordance with the applicable provisions of
the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11
of Rule 51, 52 and this Rule. (n)
What is the procedure for the appeal to the Surpeme Court?
The appeal shall be governed by and disposed of in
accordance with the applicable provisions of the Constitution,
laws, Rules 45, 48, sections 1, 2, and 5 to 11 of Rule 51, 52
and this Rule
Section 5. Grounds for dismissal of appeal. — The appeal
may be dismissed motuproprio or on motion of the
respondent on the following grounds:
(a) Failure to take the appeal within the reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful What is the effect of improper appeal from the Regional
fees or to make a deposit for costs; trial Court to the Supreme Court on question of fact?

(d) Failure to comply with the requirements regarding proof An appeal by certiorari taken to the Supreme Court from the
of service and contents of and the documents which should Regional Trial Court submitting issues of fact may be referred
accompany the petition; to the Court of Appeals for decision or appropriate action.
The determination of the Supreme Court on whether or not
(e) Failure to comply with any circular, directive or order of issues of fact are involved shall be final.
the Supreme Court without justifiable cause;
Section 7. Procedure if opinion is equally divided. — Where
(f) Error in the choice or mode of appeal; and
the court en banc is equally divided in opinion, or the
(g) The fact that the case is not appealable to the Supreme necessary majority cannot be had, the case shall again be
Court. (n) deliberated on, and if after such deliberation no decision is
reached, the original action commenced in the court shall be
The appeal may be dismissed motupropio or by motion of dismissed, in appealed cases, the judgment or order appealed
the respondent on the following grounds: from shall stand affirmed; and on all incidental matters, the
petition or motion shall be denied.
(a) Failure to take the appeal within the
reglementary period; What is the rule if the opinion of the court is divided or the
majority cannot be had?
(b) Lack of merit in the petition;
The case shall again be deliberated on,
(c) Failure to pay the requisite docket fee and other
lawful fees or to make a deposit for costs; And if after such deliberation no decision is reached, the
original action commenced in the court shall be dismissed,
(d) Failure to comply with the requirements
in appealed cases, the judgment or order appealed from shall
regarding proof of service and contents of and the
stand affirmed; and on all incidental matters, the petition or
documents which should accompany the petition;
motion shall be denied.
(e) Failure to comply with any circular, directive or
order of the Supreme Courtwithout justifiable
cause; RULE 62 Interpleader
(f) Error in the choice or mode of appeal; and
Interpleader – It is a special civil action filed by a person, who
(g) The fact that the case is not appealable to the has property in his possession or an obligation to render,
Supreme Court. (n) wholly or partially, against whom two conflicting claims are
made upon the same subject matter and over which he
claims no interest, or have an interest which in whole or in
part is not disputed by the claimants, to compel the claimants
Section 6. Disposition of improper appeal. — Except as
to interplead and to litigate their conflicting claims among
provided in section 3, Rule 122 regarding appeals in criminal
themselves.
cases where the penalty imposed is death, reclusion perpetua
or life imprisonment, an appeal taken to the Supreme Court Interpleader Complain in Intervention
by notice of appeal shall be dismissed. a. Original Action a. Ancillary Action
b. Presupposes that the b. Is proper in any of the
An appeal by certiorari taken to the Supreme Court from the plaintiff has no interest four situations
Regional Trial Court submitting issues of fact may be referred in the subject matter of mentioned in Rule 19,
to the Court of Appeals for decision or appropriate action. the action or has an wherein third person has
The determination of the Supreme Court on whether or not interest therein which, in legal interest over the
issues of fact are involved shall be final. (n) whole or in part, is not subject matter of action
disputed by the other or in the success of
How will an improper appeal by notice of appeal be parties to the action either or both
disposed of? c. Defendants are already defendant, or will greatly
original parties to the affected in the
— Except as provided in section 3, Rule 122 regarding pending suit disposition of the
appeals in criminal cases where the penalty imposed is death, property subject of the
reclusion perpetua or life imprisonment, an appeal taken to action
the Supreme Court by notice of appeal shall be dismissed. c. Defendants are being
 sued precisely to
implead them
Section 1. When interpleader proper. — Whenever
conflicting claims upon the same subject matter are or may
be made against a person who claims no interest whatever
in the subject matter, or an interest which in whole or in
part is not disputed by the claimants, he may bring an action
against the conflicting claimants to compel them to
interplead and litigate their several claims among
themselves. (1a, R63)
Whenever conflicting claims upon the same subject matter
are or may be made against a person who claims:
1. No interest whatever in the subject matter, or
2. An interest which in whole or in part is not disputed
by the claimants
 He may bring an action against the conflicting
claimants to compel them to interplead and litigate
their several claims among themselves.
The sheriff who is in possession of the proceeds of the sale of
property on execution may file action for interpleader.
Lessee may file an action for interpleader if he is in doubt as
to whom he shall pay the rent.
Action for interpleader must be filed within the reasonable
time after the dispute has arisen, otherwise it may be barred
by laches. Wack-Wack Golf and Country Club vs Lee Wo,
March 26, 1976
Interpleader cannot be availed of to resolve the issue of
breach of undertakings made by defendants, which issues
should be resolved in ordinary action for specific
performance. Beltran vs PHHC, Aug 28, 1969
Section 2. Order. — Upon the filing of the complaint, the
court shall issue an order requiring the conflicting claimants
to interplead with one another. If the interests of justice so
require, the court may direct in such order that the subject
matter be paid or delivered to the court. (2a, R63)
Upon the filing of the complaint,
 The court shall issue an order requiring the
conflicting claimants to interplead with one another.
If the interests of justice so require,
 The court may direct in such order that the subject
matter be paid or delivered to the court. (2a, R63)
Section 3. Summons. — Summons shall be served upon the
conflicting claimants, together with a copy of the complaint
and order. (3, R63)
a. Summons shall be served upon the conflicting
claimants
b. Together with a copy of the:
i. Complaint and
ii. Order. (3, R63)
Section 4. Motion to dismiss. — Within the time for filing an
answer, each claimant may file a motion to dismiss on the
ground of impropriety of the interpleader action or on other
appropriate grounds specified in Rule 16. The period to file
the answer shall be tolled and if the motion is denied, the
movant may file his answer within the remaining period, but
which shall not be less than five (5) days in any event,
reckoned from notice of denial. (n)
When to file motion to dismiss – within the time for filing an
answer.
Grounds:
1. Impropriety of the interpleader action or
2. On other appropriate grounds specified in Rule 16.
The period to file the answer shall be tolled
If the motion is denied,
 The movant may file his answer within the remaining
period, but which shall not be less than five (5) days
in any event, reckoned from notice of denial
Section 5. Answer and other pleadings. — Each claimant
shall file his answer setting forth his claim within fifteen (15)
days from service of the summons upon him, serving a copy
thereof upon each of the other conflicting claimants who
may file their reply thereto as provided by these Rules. If
any claimant fails to plead within the time herein fixed, the
court may, on motion, declare him in default and thereafter
render judgment barring him from any claim in respect to
the subject matter.
The parties in an interpleader action may file counterclaims,
cross-claims, third-party complaints and responsive
pleadings thereto, as provided by these Rules. (4a, R63)
Each claimant shall:
1. File his answer setting forth his claim within fifteen
(15) days from service of the summons upon him,
2. Serving a copy thereof upon each of the other
conflicting claimants who may file their reply thereto
as provided by these Rules.
If any claimant fails to plead within the time herein fixed,
 The court may, on motion, declare him in default
and thereafter render judgment barring him from
any claim in respect to the subject matter.
The parties in an interpleader action may file:
1. counterclaims,
2. cross-claims,
3. third-party complaints and
4. responsive pleadings thereto, as provided by these
Rules. (4a, R63)
Section 6. Determination. — After the pleadings of
the conflicting claimants have been filed, and pre-trial has
been conducted in accordance with the Rules, the court
shall proceed to determine their respective rights and
adjudicate their several claims. (5a, R63)
1. After the pleadings of the conflicting claimants have
been filed, and
2. Pre-trial has been conducted in accordance with the
Rules,
 The court shall proceed to determine their
respective rights and adjudicate their several claims.
(5a, R63)
Section 7.Docket and other lawful fees, costs and litigation
expenses as liens. — The docket and other lawful fees paid
by the party who filed a complaint under this Rule, as well
as the costs and litigation expenses, shall constitute a lien or
change upon the subject matter of the action, unless the
court shall order otherwise. (6a, R63)
The docket and other lawful fees paid by:
 The party who filed a complaint under this Rule,
 As well as the costs and litigation expenses, shall
constitute a lien or change upon the subject matter
of the action,
 Unless the court shall order otherwise. (6a, R63)
RULE 63 Declaratory Relief and Similar Remedies
Section 1.Who may file petition. — Any person interested
under a deed, will, contract or other written instrument, or
whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation
may, before breach or violation thereof bring an action in
the appropriate Regional Trial Court to determine any
question of construction or validity arising, and for a
declaration of his rights or duties, thereunder. (Bar Matter
No. 803, 17 February 1998)
An action for the reformation of an instrument, to quiet title
to real property or remove clouds therefrom, or to
consolidate ownership under Article 1607 of the Civil Code,
may be brought under this Rule. (1a, R64)
Who may file petition. —
1. Any person interested under a deed, will, contract or
other written instrument, or
2. Whose rights are affected by a statute, executive
order or regulation, ordinance, or any other
governmental regulation may,
Before breach or violation thereof,
 Bring an action in the appropriate Regional Trial
Court
 To determine any question of construction or
validity arising, and for a declaration of his rights or
duties, thereunder. (Bar Matter No. 803, 17 February
1998)
An action for the reformation of an instrument,
1. to quiet title to real property or
2. remove clouds therefrom, or
3. to consolidate ownership under Article 1607 of the
Civil Code,
 May be brought under this Rule. (1a, R64)
Section 2. Parties. — All persons who have or claim any
interest which would be affected by the declaration shall be
made parties; and no declaration shall, except as otherwise
provided in these Rules, prejudice the rights of persons not
parties to the action. (2a, R64)
Who can be parties,
 All persons who have or claim any interest which
would be affected by the declaration shall be made
parties
Limitations,
No declaration shall, except as otherwise provided in these
Rules, prejudice the rights of persons not parties to the
action.
Section 3. Notice on Solicitor General. — In any
action which involves the validity of a statute, executive
order or regulation, or any other governmental regulation,
the Solicitor General shall be notified by the party assailing
the same and shall be entitled to be heard upon such
question. (3a, R64)
In any action which involves the validity of a
1. statute,
2. executive order or
3. regulation, or any other governmental regulation,
 The Solicitor General shall be notified by the party
assailing the same and
 Shall be entitled to be heard upon such question.
(3a, R64)
Section 4. Local government ordinances. — In any action
involving the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local
governmental unit involved shall be similarly notified and
entitled to be heard. If such ordinance is alleged to be
unconstitutional, the Solicitor General shall also be notified
and entitled to be heard. (4a, R64)
In any action involving the validity of a local government
ordinance,
 The corresponding prosecutor or attorney of the
local governmental unit involved shall be similarly
notified and entitled to be heard
If such ordinance is alleged to be unconstitutional,
 The Solicitor General shall also be notified and
entitled to be heard. (4a, R64)
Section 5.Court action discretionary. — Except in actions
falling under the second paragraph of section 1 of this Rule,
the court, motuproprio or upon motion, may refuse to
exercise the power to declare rights and to construe
instruments in any case where a decision would not
terminate the uncertainty or controversy which gave rise to
the action, or in any case where the declaration or
construction is not necessary and proper under the
circumstances. (5a, R64)
Except in actions falling under the second paragraph of
section 1 of this Rule, the court,
1. motuproprio or
2. upon motion,
 May refuse to exercise the power to declare rights
and to construe instruments:
1. In any case where a decision would not terminate
the uncertainty or controversy which gave rise to the
action, or
2. In any case where the declaration or construction is
not necessary and proper under the circumstances.
(5a, R64)
Section 6. Conversion into ordinary action. — If before the
final termination of the case, a breach or violation of an
instrument or a statute, executive order or regulation,
ordinance, or any other governmental regulation should
take place, the action may thereupon be converted into an
ordinary action, and the parties shall be allowed to file such
pleadings as may be necessary or proper. (6a, R64)
If before the final termination of the case, a breach or
violation of an instrument or a statute, executive order or
regulation, ordinance, or any other governmental regulation
should take place,
 The action may thereupon be converted into an
ordinary action, and
 The parties shall be allowed to file such pleadings as
may be necessary or proper. (6a, R64)
RULE 64
Review of Judgments and Final Orders or Resolutions of the
Commission on Elections and the Commission on Audit
Section 1.Scope. — This Rule shall govern the review of
judgments and final orders or resolutions of the Commission
on Elections and the Commission on Audit. (n)
The scope of the rule are the:
1. Judgments
2. Final Orders
3. Resolutions
Of
1. Commission on Elections and
2. Commission on Audit
Section 2.Mode of review. — A judgment or final order or
resolution of the Commission on Elections and the
Commission on Audit may be brought by the aggrieved
party to the Supreme Court on certiorari under Rule 65,
except as hereinafter provided. (n; Bar Matter No. 803, 17
February 1998)
The aggrieve party may bring the petition to the Supreme
Court on certiorari under Rule 65.
Section 3.Time to file petition. — The petition shall be filed
within thirty (30) days from notice of the judgment or final
order or resolution sought to be reviewed. The filing of a
motion for new trial or reconsideration of said judgment or
final order or resolution, if allowed under the procedural
rules of the Commission concerned, shall interrupt the
period herein fixed. If the motion is denied, the aggrieved
party may file the petition within the remaining period, but
which shall not be less than five (5) days in any event,
reckoned from notice of denial. (n)
The petition shall be filed:
1. Within thirty (30) days
2. From notice of the judgment or final order or
resolution sought to be reviewed.
The filing of a motion for new trial or reconsideration of said
judgment or final order or resolution, if allowed under the
procedural rules of the Commission concerned,
 Shall interrupt the period herein fixed.
If the motion is denied,
 The aggrieved party may file the petition within the
remaining period, but which shall not be less than
five (5) days in any event, reckoned from notice of
denial. (n)
Section 4.Docket and other lawful fees. — Upon the filing of
the petition, the petitioner shall pay to the clerk of court the
docket and other lawful fees and deposit the amount of
P500.00 for costs. (n)
Upon the filing of the petition,
 The petitioner shall pay to the clerk of court the
1. Docket and
2. Other lawful fees and
3. Deposit the amount of P500.00 for costs.
(n)
Section 5.Form and contents of petition. — The petition
shall be verified and filed in eighteen (18) legible copies. The
petition shall name the aggrieved party as petitioner and
shall join as respondents the Commission concerned and the
person or persons interested in sustaining the judgment,
final order or resolution aquo. The petition shall state the
facts with certainty, present clearly the issues involved, set
forth the grounds and brief arguments relied upon for
review, and pray for judgment annulling or modifying the
questioned judgment, final order or resolution. Findings of
fact of the Commission supported by substantial evidence
shall be final and non-reviewable.
The petition shall be accompanied by a clearly legible
duplicate original or certified true copy of the judgment,
final order or resolution subject thereof, together with
certified true copies of such material portions of the record
as are referred to therein and other documents relevant and
pertinent thereto. The requisite number of copies of the
petition shall contain plain copies of all documents attached
to the original copy of said petition.
The petition shall state the specific material dates showing
that it was filed within the period fixed herein, and shall
contain a sworn certification against forum shopping as
provided in the third paragraph of section 3, Rule 46.
The petition shall further be accompanied by proof of
service of a copy thereof on the Commission concerned and
on the adverse party, and of the timely payment of docket
and other lawful fees.
The failure of petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of
the petition. (n)
a. The petition shall be verified and filed in eighteen
(18) legible copies.
b. The petition shall name the aggrieved party as
petitioner and shall join as respondents the
Commission concerned and the person or persons
interested in sustaining the judgment, final order or
resolution a quo.
c. The petition shall state the facts with certainty,
present clearly the issues involved, set forth the
grounds and brief arguments relied upon for review,
and pray for judgment annulling or modifying the
questioned judgment, final order or resolution.
d. Findings of fact of the Commission supported by
substantial evidence shall be final and non-
reviewable.
e. The petition shall be accompanied by a clearly
legible duplicate original or certified true copy of the
judgment, final order or resolution subject thereof,
together with certified true copies of such material
portions of the record as are referred to therein and
other documents relevant and pertinent thereto.
f. The requisite number of copies of the petition shall
contain plain copies of all documents attached to
the original copy of said petition.
g. The petition shall state the specific material dates
showing that it was filed within the period fixed
herein, and shall contain a sworn certification
against forum shopping as provided in the third
paragraph of section 3, Rule 46.
h. The petition shall further be accompanied by proof
of service of a copy thereof on the Commission
concerned and on the adverse party, and of the
timely payment of docket and other lawful fees.
The failure of petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of
the petition. (n)
Section 6.Order to comment. — If the Supreme Court finds
the petition sufficient in form and substance, it shall order
the respondents to file their comments on the petition
within ten (10) days from notice thereof; otherwise, the
Court may dismiss the petition outright. The Court may also
dismiss the petition if it was filed manifestly for delay or the
questions raised are too unsubstantial to warrant further
proceedings. (n)
If the Supreme Court finds the petition sufficient in form and
substance,
 It shall order the respondents to file their comments
on the petition
 within ten (10) days from notice thereof;
 otherwise, the Court may dismiss the petition
outright.
The Court may also dismiss the petition if:
1. It was filed manifestly for delay or
2. The questions raised are too unsubstantial to
warrant further proceedings. (n)
Section 7.Comments of respondents. — The comments of
the respondents shall be filed in eighteen (18) legible copies.
The original shall be accompanied by certified true copies of
such material portions of the record as are referred to
therein together with other supporting papers. The requisite
number of copies of the comments shall contain plain copies
of all documents attached to the original and a copy thereof
shall be served on the petitioner.
No other pleading may be filed by any party unless required
or allowed by the Court. (n)
1. The comments of the respondents shall be filed in
eighteen (18) legible copies.
2. The original shall be accompanied by certified true
copies of such material portions of the record as are
referred to therein together with other supporting
papers.
3. The requisite number of copies of the comments
shall contain plain copies of all documents attached
to the original and a copy thereof shall be served on
the petitioner.
No other pleading may be filed by any party unless required
or allowed by the Court. (n)
Section 8.Effect of filing. — The filing of a petition for
certiorari shall not stay the execution of the judgment or
final order or resolution sought to be reviewed, unless the
Supreme Court shall direct otherwise upon such terms as it
may deem just. (n)
The filing of a petition for certiorari,
 Shall not stay the execution of the judgment or final
order or resolution sought to be reviewed,
 Unless the Supreme Court shall direct otherwise
upon such terms as it may deem just. (n)
Section 9.Submission for decision. — Unless the Court sets
the case for oral argument, or requires the parties to submit
memoranda, the case shall be deemed submitted for
decision upon the filing of the comments on the petition, or
of such other pleadings or papers as may be required or
allowed, or the expiration of the period to do so. (n)
The case shall be deemed submitted for decision upon:
1. The filing of the comments on the petition, or
2. Of such other pleadings or papers as may be
required or allowed, or
3. The expiration of the period to do so.
Unless the Court sets the case for oral argument, or requires
the parties to submit memoranda,
RULE 65 - Certiorari, Prohibition and Mandamus
Section 1.Petition for certiorari. — When any tribunal,
board or officer exercising judicial or quasi-judicial functions
has acted without or in excess its or his jurisdiction, or with
grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying
that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting
such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of
the judgment, order or resolution subject thereof, copies of
all pleadings and documents relevant and pertinent thereto,
and a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46. (1a)
1. When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted
a. without or in excess its or his jurisdiction,
or
b. with grave abuse of discretion amounting
to lack or excess of jurisdiction,
2. And there is no appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law,
  A person aggrieved thereby may file a verified
petition in the proper court,
1. Alleging the facts with certainty and
2. Praying that judgment be rendered
annulling or modifying the proceedings of
such tribunal, board or officer, and
3. Granting such incidental reliefs as law and
justice may require.
The petition shall be accompanied by,
1. A certified true copy of the judgment, order or
resolution subject thereof,
2. Copies of all pleadings and documents relevant and
pertinent thereto, and
3. A sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46.
(1a)
Section 2.Petition for prohibition. — When the proceedings
of any tribunal, corporation, board, officer or person,
whether exercising judicial, quasi-judicial or ministerial
functions, are without or in excess of its or his jurisdiction,
or with grave abuse of discretion amounting to lack or
excess of jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the ordinary course
of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified
true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and
pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3,
Rule 46. (2a)
1. When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial,
quasi-judicial or ministerial functions,
a. are without or in excess of its or his
jurisdiction, or
b. with grave abuse of discretion amounting to
lack or excess of jurisdiction, and
2. There is no appeal or any other plain, speedy, and
adequate remedy in the ordinary course of law,
 A person aggrieved thereby may file a verified
petition in the proper court,
1. Alleging the facts with certainty and
2. Praying that judgment be rendered
commanding the respondent to desist from
further proceedings in the action or matter
specified therein, or
3. Otherwise granting such incidental reliefs as
law and justice may require.
The petition shall likewise be accompanied by
1. A certified true copy of the judgment, order or
resolution subject thereof,
2. Copies of all pleadings and documents relevant and
pertinent thereto, and
3. A sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46.
(2a)
Section 3.Petition for mandamus. — When any tribunal,
corporation, board, officer or person unlawfully neglects the
performance of an act which the law specifically enjoins as a
duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enjoyment of a right or
office to which such other is entitled, and there is no other
plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered commanding the
respondent, immediately or at some other time to be
specified by the court, to do the act required to be done to
protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful acts of
the respondent.
The petition shall also contain a sworn certification of non-
forum shopping as provided in the third paragraph of
section 3, Rule 46. (3a)
1. When any tribunal, corporation, board, officer or
person
a. unlawfully neglects the performance of an
act which the law specifically enjoins as a
duty resulting from an office, trust, or
station, or
b. unlawfully excludes another from the use
and enjoyment of a right or office to which
such other is entitled, and
2. there is no other plain, speedy and adequate remedy
in the ordinary course of law,
 The person aggrieved thereby may file a verified
petition in the proper court,
1. alleging the facts with certainty and
2. praying that judgment be rendered
commanding the respondent, immediately
or at some other time to be specified by the
court, to do the act required to be done to
protect the rights of the petitioner, and
 3. to pay the damages sustained by the
petitioner by reason of the wrongful acts of
the respondent.
The petition shall also contain a sworn certification of non-
forum shopping as provided in the third paragraph of section
3, Rule 46. (3a)
Section 4.When and where petition filed. — The petition
shall be filed not later than sixty (60) days from notice of the
judgment, order or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such
motion is required or not, the sixty (60) day period shall be
counted from notice of the denial of said motion.
The petition shall be filed in the Supreme Court or, if it
relates to the acts or omissions of a lower court or of a
corporation, board, officer or person, in the Regional Trial
Court exercising jurisdiction over the territorial area as
defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in aid
of its appellate jurisdiction. If it involves the acts or
omissions of a quasi-judicial agency, unless otherwise
provided by law or these Rules, the petition shall be filed in
and cognizable only by the Court of Appeals.
No extension of time to file the petition shall be granted
except for compelling reason and in no case exceeding
fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998;
A.M. No. 00-2-03-SC)
The petition shall be filed,
1. Not later than sixty (60) days
2. From notice of the judgment, order or resolution.
In case a motion for reconsideration or new trial is timely
filed, whether such motion is required or not,
 The sixty (60) day period shall be counted from
notice of the denial of said motion.
The petition shall be filed in the Supreme Court or,
If it relates to the acts or omissions of a lower court or of a
corporation, board, officer or person,
 In the Regional Trial Court exercising jurisdiction
over the territorial area as defined by the Supreme
Court.
It may also be filed in the Court of Appeals whether or not
the same is in aid of its appellate jurisdiction, or
In the Sandiganbayan if it is in aid of its appellate jurisdiction.
If it involves the acts or omissions of a quasi-judicial agency,
unless otherwise provided by law or these Rules,
 the petition shall be filed in and cognizable only by
the Court of Appeals.
Gen rule: No extension of time to file the petition shall be
granted
Exception: For compelling reason and in no case exceeding
fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998; A.M.
No. 00-2-03-SC)
Section 5.Respondents and costs in certain cases. — When
the petition filed relates to the acts or omissions of a judge,
court, quasi-judicial agency, tribunal, corporation, board,
officer or person, the petitioner shall join, as private
respondent or respondents with such public respondent or
respondents, the person or persons interested in sustaining
the proceedings in the court; and it shall be the duty of such
private respondents to appear and defend, both in his or
their own behalf and in behalf of the public respondent or
respondents affected by the proceedings, and the costs
awarded in such proceedings in favor of the petitioner shall
be against the private respondents only, and not against the
judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person impleaded as public respondent or
respondents.
Unless otherwise specifically directed by the court where
the petition is pending, the public respondents shall not
appear in or file an answer or comment to the petition or
any pleading therein. If the case is elevated to a higher court
by either party, the public respondents shall be included
therein as nominal parties. However, unless otherwise
specifically directed by the court, they shall not appear or
participate in the proceedings therein. (5a)
When the petition filed relates to the acts or omissions of a
judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person,
 the petitioner shall join, as private respondent or
respondents with such public respondent or
respondents, the person or persons interested in
sustaining the proceedings in the court; and
 it shall be the duty of such private respondents to
appear and defend, both in his or their own behalf
and in behalf of the public respondent or
respondents affected by the proceedings, and
 he costs awarded in such proceedings in favor of the
petitioner shall be against the private respondents
only, and not against the judge, court, quasi-judicial
agency, tribunal, corporation, board, officer or
person impleaded as public respondent or
respondents.
Unless otherwise specifically directed by the court where the
petition is pending,
 the public respondents shall not appear in or file an
answer or comment to the petition or any pleading
therein.
 If the case is elevated to a higher court by either
party, the public respondents shall be included
therein as nominal parties.
 However, unless otherwise specifically directed by
the court, they shall not appear or participate in the
proceedings therein. (5a)
Section 6.Order to comment. — If the petition is sufficient in
form and substance to justify such process, the court shall
issue an order requiring the respondent or respondents to
comment on the petition within ten (10) days from receipt
of a copy thereof. Such order shall be served on the
respondents in such manner as the court may direct
together with a copy of the petition and any annexes
thereto.
In petitions for certiorari before the Supreme Court and the
Court of Appeals, the provisions of section 2, Rule 56, shall
be observed. Before giving due course thereto, the court
may require the respondents to file their comment to, and
not a motion to dismiss, the petition. Thereafter, the court
may require the filing of a reply and such other responsive
or other pleadings as it may deem necessary and proper.
(6a)
If the petition is sufficient in form and substance to justify
such process,
 The court shall issue an order requiring the
respondent or respondents to comment on the
petition within ten (10) days from receipt of a copy
thereof.
 Such order shall be served on the respondents in
such manner as the court may direct together with a
copy of the petition and any annexes thereto.
In petitions for certiorari before the Supreme Court and the
Court of Appeals, the provisions of section 2, Rule 56, shall be
observed.
Before giving due course thereto,
 The court may require the respondents to file their
comment to, and not a motion to dismiss, the
petition.
 Thereafter, the court may require the filing of a reply
and such other responsive or other pleadings as it
may deem necessary and proper. (6a)
Section 7.Expediting proceedings; injunctive relief. — The
court in which the petition is filed may issue orders
expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary
injunction for the preservation of the rights of the parties
pending such proceedings. The petition shall not interrupt
the course of the principal case unless a temporary
restraining order or a writ of preliminary injunction has
been issued against the public respondent from further
proceeding in the case. (7a)
The court in which the petition is filed may
1. issue orders expediting the proceedings, and
2. it may also grant a temporary restraining order or a
writ of preliminary injunction for the preservation of
the rights of the parties pending such proceedings.
The petition shall not interrupt the course of the principal
case unless a temporary restraining order or a writ of
preliminary injunction has been issued against the public
respondent from further proceeding in the case. (7a)
Section 8.Proceedings after comment is filed. — After the
comment or other pleadings required by the court are filed,
or the time for the filing thereof has expired, the court may
hear the case or require the parties to submit memoranda.
If after such hearing or submission of memoranda or the
expiration of the period for the filing thereof the court finds
that the allegations of the petition are true, it shall render
judgment for the relief prayed for or to which the petitioner
is entitled.
The court, however, may dismiss the petition if it finds the
same to be patently without merit, prosecuted manifestly
for delay, or that the questions raised therein are too
unsubstantial to require consideration. (8a)
1. After the comment or other pleadings required by
the court are filed, or
2. the time for the filing thereof has expired,
The court may hear the case or require the parties to submit
memoranda.
If after such hearing or submission of memoranda or the
expiration of the period for the filing thereof the court finds
that the allegations of the petition are true,
 it shall render judgment for the relief prayed for or
to which the petitioner is entitled.
The court, however, may dismiss the petition if it finds:
1. the same to be patently without merit,
2. prosecuted manifestly for delay, or
3. that the questions raised therein are too
unsubstantial to require consideration. (8a)
Section 9.Service and enforcement of order or judgment. —
A certified copy of the judgment rendered in accordance
with the last preceding section shall be served upon the
court, quasi-judicial agency, tribunal, corporation, board,
officer or person concerned in such manner as the court
may direct, and disobedience thereto shall be punished as
contempt. An execution may issue for any damages or costs
awarded in accordance with section 1 of Rule 39. (9a)
A certified copy of the judgment rendered in accordance with
the last preceding section
 Shall be served upon the court, quasi-judicial
agency, tribunal, corporation, board, officer or
person concerned in such manner as the court may
direct.
The disobedience thereto shall be punished as contempt.
An execution may issue for any damages or costs awarded in
accordance with section 1 of Rule 39. (9a)
RULE 66 - Quo Warranto
Section 1.Action by Government against individuals. — An
action for the usurpation of a public office, position or
franchise may be commenced by a verified petition brought
in the name of the Republic of the Philippines against:
(a) A person who usurps, intrudes into, or
unlawfully holds or exercises a public office,
position or franchise;
(b) A public officer who does or suffers an act
which, by the provision of law, constitutes a ground
for the forfeiture of his office; or
(c) An association which acts as a corporation
within the Philippines without being legally
incorporated or without lawful authority so to act.
(1a)
An action for the usurpation of a
1. public office,
2. position or
3. franchise
 May be commenced by a verified petition brought in
the name of the Republic of the Philippines against:
a. A person who usurps, intrudes into, or
unlawfully holds or exercises a public office,
position or franchise;
b. A public officer who does or suffers an act
which, by the provision of law, constitutes a
ground for the forfeiture of his office; or
c. An association which acts as a corporation
within the Philippines without being legally
incorporated or without lawful authority
so to act. (1a)
Section 2.When Solicitor General or public prosecutor must
commence action. — The Solicitor General or a public
prosecutor, when directed by the President of the
Philippines, or when upon complaint or otherwise he has
good reason to believe that any case specified in the
preceding section can be established by proof, must
commence such action. (3a)
When the Solicitor General or Public prosecutor must
commence the action,
1. directed by the President of the Philippines, or
2. when upon complaint or
3. otherwise he has good reason to believe that any
case specified in the preceding section can be
established by proof
Section 3.When Solicitor General or public prosecutor may
commence action with permission of court. — The Solicitor
General or a public prosecutor may, with the permission of
the court in which the action is to be commenced, bring
such an action at the request and upon the relation of
another person; but in such case the officer bringing it may
first require an indemnity for the expenses and costs of the
action in an amount approved by and to be deposited in the
court by the person at whose request and upon whose
relation the same is brought. (4a)
The Solicitor General or a public prosecutor may, with the
permission of the court in which the action is to be
commenced,
 bring such an action atthe request and upon the
relation of another person;
 but in such case the officer bringing it may first
require an indemnity for the expenses and costs of
the action in an amount approved by and to be
deposited in the court by the person at whose
request and upon whose relation the same is
brought. (4a)
Section 4.When hearing had on application for permission to
commence action. — Upon application for permission to
commence such action in accordance with the next
preceding section, the court shall direct that notice be given
to the respondent so that he may be heard in opposition
thereto; and if permission is granted, the court shall issue an
order to that effect, copies of which shall be served on all
interested parties, and the petition shall then be filed within
the period ordered by the court. (5a)
Upon application for permission to commence such action in
accordance with the next preceding section,
 the court shall direct that notice be given to the
respondent so that he may be heard in opposition
thereto; and
 if permission is granted,
 the court shall issue an order to that effect,
copies of which shall be served on all
interested parties, and
 the petition shall then be filed within the
period ordered by the court. (5a)
Section 5.When an individual may commence such an
action. — A person claiming to be entitled to a public office
or position usurped or unlawfully held or exercised by
another may bring an action therefor in his own name. (6)
A person claiming to be entitled to a public office or position
usurped or unlawfully held or exercised by another
 may bring an action therefor in his own name. (6)
Section 6.Parties and contents of petition against
usurpation. — When the action is against a person for
usurping a public office, position or franchise, the petition
shall set forth the name of the person who claim to be
entitled thereto, if any, with an averment of his right to the
same and that the respondent is unlawfully in possession
thereof. All persons who claim to be entitled to the public
office, position or franchise may be made parties, and their
respective rights to such public office, position or franchise
determined, in the same action. (7a)
When the action is against a person for usurping a public
office, position or franchise,
 The petition shall set forth the name of the person
who claim to be entitled thereto, if any,
 With an averment of his right to the same and that
the respondent is unlawfully in possession thereof.
a. All persons who claim to be entitled to the public
office, position or franchise may be made parties,
and
b. Their respective rights to such public office, position
or franchise determined, in the same action. (7a)
Section 7.Venue. — An action under the preceding six
sections can be brought only in the Supreme Court, the
Court of Appeals, or in the Regional Trial Court exercising
jurisdiction over the territorial area where the respondent
or any of the respondents resides, but when the Solicitor
General commences the action, it may be brought in a
Regional Trial Court in the City of Manila, in the Court of
Appeals, or in the Supreme Court. (8a)
An action under the preceding six sections can be brought
only in the Supreme Court, the Court of Appeals, or in the
Regional Trial Court exercising jurisdiction over the territorial
area where the respondent or any of the respondents
resides,
But when the Solicitor General commences the action,
 it may be brought in a Regional Trial Court in the
City of Manila, in the Court of Appeals, or in the
Supreme Court. (8a)
Section 8.Period for pleadings and proceedings may be
reduced; action given precedence. — The court may reduce
the period provided by these Rules for filing pleadings and
for all other proceedings in the action in order to secure the
most expeditious determination of the matters involved
therein consistent with the rights of the parties. Such action
may be given precedence over any other civil matter
pending in the court. (9a)
The court may reduce the period provided by these Rules for
filing pleadings and for all other proceedings in the action in
order
 to secure the most expeditious determination of the
matters involved therein consistent with the rights
of the parties.
Such action may be given precedence over any other civil
matter pending in the court. (9a)
Section 9.Judgment where usurpation found. — When the
respondent is found guilty of usurping into, intruding into,
or unlawfully holding or exercising a public office, position
or franchise, judgment shall be rendered that such
respondent be ousted and altogether excluded therefrom,
and that the petitioner or relator, as the case may be,
recover his costs. Such further judgment may be rendered
determining the respective rights in and to the public office,
position or franchise of all the parties to the action as justice
requires. (10a)
When the respondent is found guilty of usurping into,
intruding into, or unlawfully holding or exercising a public
office, position or franchise,
 Judgment shall be rendered that such respondent
be ousted and altogether excluded therefrom, and
 That the petitioner or relator, as the case may be,
recover his costs.
 Such further judgment may be rendered
determining the respective rights in and to the
public office, position or franchise of all the parties
to the action as justice requires. (10a)
Section 10.Rights of persons adjudged entitled to public
office; delivery of books and papers; damages. — If
judgment be rendered in favor of the person averred in the
complaint to be entitled to the public office he may, after
taking the oath of office and executing any official bond
required by law, take upon himself the execution of the
office, and may immediately thereafter demand of the
respondent all the books and papers in the respondent's
custody or control appertaining to the office to which the
judgment relates. If the respondent refuses or neglects to
deliver any book or paper pursuant to such demand, he may
be punished for contempt as having disobeyed a lawful
order of the court. The person adjudged entitled to the
office may also bring action against the respondent to
recover the damages sustained by such person by reason of
the usurpation. (15a)
If judgment be rendered in favor of the person averred in the
complaint to be entitled to the public office
 he may, after taking the oath of office and executing
any official bond required by law,
1. Take upon himself the execution of the
office, and
2. May immediately thereafter demand of the
respondent all the books and papers in the
respondent's custody or control
appertaining to the office to which the
judgment relates.
3. If the respondent refuses or neglects to
deliver any book or paper pursuant to such
demand,
a. he may be punished for contempt
as having disobeyed a lawful order
of the court.
b. The person adjudged entitled to
the office may also bring action
against the respondent to recover
the damages sustained by such
person by reason of the
usurpation. (15a)
Section 11.Limitations. — Nothing contained in this Rule
shall be construed to authorize an action against a public
officer or employee for his ouster from office unless the
same be commenced within one (1) year after the cause of
such ouster, or the right of the petitioner to hold such office
or position, arose, nor to authorize an action for damages in
accordance with the provisions of the next preceding
section unless the same be commenced within one (1) year
after the entry of the judgment establishing the petitioner's
right to the office in question. (16a)
Nothing contained in this Rule shall be construed to authorize
an action against a public officer or employee for his ouster
from office unless the same be commenced within one (1)
year
1. after the cause of such ouster, or
2. the right of the petitioner to hold such office or
position arose,
No to authorize an action for damages in accordance with the
provisions of the next preceding section unless the same be
commenced within one (1) year after the entry of the
judgment establishing the petitioner's right to the office in
question. (16a)
Section 12.Judgment for costs. — In an action brought in
accordance with the provisions of this Rule, the court may
render judgment for costs against either the petitioner, the
relator, or the respondent, or the person or persons
claiming to be a corporation, or may apportion the costs, as
justice requires. (17a)
In an action brought in accordance with the provisions of this
Rule, the court may render judgment for costs against
1. either the petitioner,
2. the relator, or
3. the respondent, or
4. the person or persons claiming to be a corporation,
or
5. may apportion the costs, as justice requires. (17a)
RULE 67 - Expropriation
Section 1.The complaint. — The right of eminent domain
shall be exercised by the filing of a verified complaint which
shall state with certainty the right and purpose of
expropriation, describe the real or personal property sought
to be expropriated, and join as defendants all persons
owning or claiming to own, or occupying, any part thereof
or interest therein, showing, so far as practicable, the
separate interest of each defendant. If the title to any
property sought to be expropriated appears to be in the
Republic of the Philippines, although occupied by private
individuals, or if the title is otherwise obscure or doubtful so
that the plaintiff cannot with accuracy or certainty specify
who are the real owners, averment to that effect shall be
made in the complaint. (1a)
The right of eminent domain shall be exercised by:
1. the filing of a verified complaint
2. which shall state with certainty the right and
purpose of expropriation,
3. describe the real or personal property sought to be
expropriated, and
4. join as defendants all persons owning or claiming to
own, or occupying, any part thereof or interest
therein, showing, so far as practicable, the separate
interest of each defendant.
a. If the title to any property sught to be expropriated
appears to be in the Republic of the Philippines, although
occupied by private individuals, or
b. if the title is otherwise obscure or doubtful so that the
plaintiff cannot with accuracy or certainty specify who
are the real owners,
 Averment to that effect shall be made in the
complaint. (1a)
Section 2.Entry of plaintiff upon depositing value with
authorized government depositary. — Upon the filing of the
complaint or at any time thereafter and after due notice to
the defendant, the plaintiff shall have the right to take or
enter upon the possession of the real property involved if he
deposits with the authorized government depositary an
amount equivalent to the assessed value of the property for
purposes of taxation to be held by such bank subject to the
orders of the court. Such deposit shall be in money, unless
in lieu thereof the court authorizes the deposit of a
certificate of deposit of a government bank of the Republic
of the Philippines payable on demand to the authorized
government depositary.
If personal property is involved, its value shall be
provisionally ascertained and the amount to be deposited
shall be promptly fixed by the court.
After such deposit is made the court shall order the sheriff
or other proper officer to forthwith place the plaintiff in
possession of the property involved and promptly submit a
report thereof to the court with service of copies to the
parties. (2a)
Upon the filing of the complaint or at any time thereafter and
after due notice to the defendant,
 The plaintiff shall have the right to take or enter
upon the possession of the real property involved if
he deposits with the authorized government
depositary an amount equivalent to the assessed
value of the property for purposes of taxation to be
held by such bank subject to the orders of the court.
 Such deposit shall be in money, unless in lieu thereof
the court authorizes the deposit of a certificate of
deposit of a government bank of the Republic of the
Philippines payable on demand to the authorized
government depositary.
If personal property is involved,
 its value shall be provisionally ascertained and the
amount to be deposited shall be promptly fixed by
the court.
After such deposit is made the court shall
 Order the sheriff or other proper officer to forthwith
place the plaintiff in possession of the property
involved and promptly submit a report thereof to
the court with service of copies to the parties. (2a)
Section 3.Defenses and objections. — If a defendant has no
objection or defense to the action or the taking of his
property, he may file and serve a notice of appearance and a
manifestation to that effect, specifically designating or
identifying the property in which he claims to be interested,
within the time stated in the summons. Thereafter, he shall
be entitled to notice of all proceedings affecting the same.
If a defendant has any objection to the filing of or the
allegations in the complaint, or any objection or defense to
the taking of his property, he shall serve his answer within
the time stated in the summons. The answer shall
specifically designate or identify the property in which he
claims to have an interest, state the nature and extent of
the interest claimed, and adduce all his objections and
defenses to the taking of his property. No counterclaim,
cross-claim or third-party complaint shall be alleged or
allowed in the answer or any subsequent pleading.
A defendant waives all defenses and objections not so
alleged but the court, in the interest of justice, may permit
amendments to the answer to be made not later than ten
(10) days from the filing thereof. However, at the trial of the
issue of just compensation whether or not a defendant has
previously appeared or answered, he may present evidence
as to the amount of the compensation to be paid for his
property, and he may share in the distribution of the award.
(n)
If a defendant has no objection or defense to the action or
the taking of his property,
 he may file and serve a notice of appearance and a
manifestation to that effect,
a. Specifically designating or identifying the
property in which he claims to be
interested, within the time stated in the
summons.
b. Thereafter, he shall be entitled to notice of
all proceedings affecting the same.
If a defendant has any objection to the filing of or the
allegations in the complaint, or any objection or defense to
the taking of his property,
 He shall serve his answer within the time stated in
the summons.
 The answer shall:
a. Specifically designate or identify the
property in which he claims to have an
interest,
 b. State the nature and extent of the interest
claimed, and
c. Adduce all his objections and defenses to
the taking of his property.
d. No counterclaim, cross-claim or third-party
complaint shall be alleged or allowed in the
answer or any subsequent pleading.
A defendant waives all defenses and objections not so alleged
But the court, in the interest of justice, may permit
amendments to the answer to be made not later than ten
(10) days from the filing thereof.
However, at the trial of the issue of just compensation
whether or not a defendant has previously appeared or
answered,
 He may present evidence as to the amount of the
compensation to be paid for his property, and he
may share in the distribution of the award. (n)
Section 4.Order of expropriation. — If the objections to and
the defenses against the right of the plaintiff to expropriate
the property are overruled, or when no party appears to
defend as required by this Rule, the court may issue an
order of expropriation declaring that the plaintiff has a
lawful right to take the property sought to be expropriated,
for the public use or purpose described in the complaint,
upon the payment of just compensation to be determined
as of the date of the taking of the property or the filing of
the complaint, whichever came first.
A final order sustaining the right to expropriate the property
may be appealed by any party aggrieved thereby. Such
appeal, however, shall not prevent the court from
determining the just compensation to be paid.
After the rendition of such an order, the plaintiff shall not
be permitted to dismiss or discontinue the proceeding
except on such terms as the court deems just and equitable.
(4a)
a. If the objections to and the defenses against the
right of the plaintiff to expropriate the property are
overruled, or
b. When no party appears to defend as required by this
Rule,
 the court may issue an order of expropriation
declaring that the plaintiff has a lawful right to take
the property sought to be expropriated, for the
public use or purpose described in the complaint,
 upon the payment of just compensation to be
determined as of the date of the taking of the
property or the filing of the complaint, whichever
came first.
A final order sustaining the right to expropriate the property
may be appealed by any party aggrieved thereby.
Such appeal, however, shall not prevent the court from
determining the just compensation to be paid.
After the rendition of such an order,
 The plaintiff shall not be permitted to dismiss or
discontinue the proceeding except on such terms as
the court deems just and equitable. (4a)
Section 5.Ascertainment of compensation. — Upon the
rendition of the order of expropriation, the court shall
appoint not more than three (3) competent and
disinterested persons as commissioners to ascertain and
report to the court the just compensation for the property
sought to be taken. The order of appointment shall
designate the time and place of the first session of the
hearing to be held by the commissioners and specify the
time within which their report shall be submitted to the
court.
Copies of the order shall be served on the parties.
Objections to the appointment of any of the commissioners
shall be filed with the court within ten (10) days from
service, and shall be resolved within thirty (30) days after all
the commissioners shall have received copies of the
objections. (5a)
Upon the rendition of the order of expropriation,
 the court shall appoint not more than three (3)
competent and disinterested persons as
commissioners to ascertain and report to the court
the just compensation for the property sought to be
taken.
 The order of appointment shall designate the time
and place of the first session of the hearing to be
held by the commissioners and specify the time
within which their report shall be submitted to the
court.
Copies of the order shall be served on the parties.
Objections to the appointment of any of the commissioners
shall be filed with the court within ten (10) days from
service, and shall be resolved within thirty (30) days after all
the commissioners shall have received copies of the
objections. (5a)
Section 6.Proceedings by commissioners. — Before entering
upon the performance of their duties, the commissioners
shall take and subscribe an oath that they will faithfully
perform their duties as commissioners, which oath shall be
filed in court with the other proceedings in the case.
Evidence may be introduced by either party before the
commissioners who are authorized to administer oaths on
hearings before them, and the commissioners shall, unless
the parties consent to the contrary, after due notice to the
parties, to attend, view and examine the property sought to
be expropriated and its surroundings, and may measure the
same, after which either party may, by himself or counsel,
argue the case. The commissioners shall assess the
consequential damages to the property not taken and
deduct from such consequential damages the consequential
benefits to be derived by the owner from the public use or
purpose of the property taken, the operation of its franchise
by the corporation or the carrying on of the business of the
corporation or person taking the property. But in no case
shall the consequential benefits assessed exceed the
consequential damages assessed, or the owner be deprived
of the actual value of his property so taken. (6a)
Before entering upon the performance of their duties,
a. the commissioners shall take and subscribe an oath
that they will faithfully perform their duties as
commissioners,
b. which oath shall be filed in court with the other
proceedings in the case.
Evidence may be introduced by either party before the
commissioners who are authorized to administer oaths on
hearings before them, and the commissioners shall, unless
the parties consent to the contrary, after due notice to the
parties, to attend, view and examine the property sought to
be expropriated and its surroundings, and may measure the
same, after which either party may, by himself or counsel,
argue the case.
The commissioners shall assess:
a. The consequential damages to the property not
taken and
b. Deduct from such consequential damages the
consequential benefits to be derived by the owner
from the public use or purpose of the property
taken, the operation of its franchise by the
corporation or the carrying on of the business of the
corporation or person taking the property.
c. But in no case shall the consequential benefits
assessed exceed the consequential damages
assessed, or the owner be deprived of the actual
value of his property so taken. (6a)
Section 7.Report by commissioners and judgment
thereupon. — The court may order the commissioners to
report when any particular portion of the real estate shall
have been passed upon by them, and may render judgment
upon such partial report, and direct the commissioners to
proceed with their work as to subsequent portions of the
property sought to be expropriated, and may from time to
time so deal with such property. The commissioners shall
make a full and accurate report to the court of all their
proceedings, and such proceedings shall not be effectual
until the court shall have accepted their report and
rendered judgment in accordance with their
recommendations. Except as otherwise expressly ordered
by the court, such report shall be filed within sixty (60) days
from the date the commissioners were notified of their
appointment, which time may be extended in the discretion
of the court. Upon the filing of such report, the clerk of the
court shall serve copies thereof on all interested parties,
with notice that they are allowed ten (10) days within which
to file objections to the findings of the report, if they so
desire. (7a)
The court may:
1. order the commissioners to report when any
particular portion of the real estate shall have been
passed upon by them, and
2. may render judgment upon such partial report, and
3. direct the commissioners to proceed with their work
as to subsequent portions of the property sought to
be expropriated, and
4. may from time to time so deal with such property.
The commissioners shall:
1. make a full and accurate report to the court of all
their proceedings, and
2. such proceedings shall not be effectual until the
court shall have accepted their report and rendered
judgment in accordance with their
recommendations.
Except as otherwise expressly ordered by the court, such
report shall be filed within sixty (60) days from the date the
commissioners were notified of their appointment, which
time may be extended in the discretion of the court.
Upon the filing of such report, the clerk of the court shall
serve copies thereof on all interested parties, with notice that
they are allowed ten (10) days within which to file
objections to the findings of the report, if they so desire. (7a)
Section 8.Action upon commissioners' report. — Upon the
expiration of the period of ten (10) days referred to in the
preceding section, or even before the expiration of such
period but after all the interested parties have filed their
objections to the report or their statement of agreement
therewith, the court may, after hearing, accept the report
and render judgment in accordance therewith, or, for cause
shown, it may recommit the same to the commissioners for
further report of facts, or it may set aside the report and
appoint new commissioners; or it may accept the report in
part and reject it in part and it may make such order or
render such judgment as shall secure to the plaintiff the
property essential to the exercise of his right of
expropriation, and to the defendant just compensation for
the property so taken. (8a)
Upon the expiration of the period of ten (10) days referred to
in the preceding section, or even before the expiration of
such period but after all the interested parties have filed
their objections to the report or their statement of
agreement therewith, the court may, after hearing,
a. accept the report and render judgment in
accordance therewith, or,
b. for cause shown, it may recommit the same to the
commissioners for further report of facts, or
c. it may set aside the report and appoint new
commissioners; or
d. it may accept the report in part and reject it in part
and it may make such order or
e. render such judgment as shall secure to the plaintiff
the property essential to the exercise of his right of
expropriation, and to the defendant just
compensation for the property so taken. (8a)
Section 9.Uncertain ownership; conflicting claims. — If the
ownership of the property taken is uncertain, or there are
conflicting claims to any part thereof, the court may order
any sum or sums awarded as compensation for the property
to be paid to the court for the benefit of the person
adjudged in the same proceeding to be entitled thereto. But
the judgment shall require the payment of the sum or sums
awarded to either the defendant or the court before the
plaintiff can enter upon the property, or retain it for the
public use or purpose if entry has already been made. (9a)
a. If the ownership of the property taken is uncertain, or
b. there are conflicting claims to any part thereof,
The court may
 Order any sum or sums awarded as compensation
for the property to be paid to the court for the
benefit of the person adjudged in the same
proceeding to be entitled thereto.
 But the judgment shall require the payment of the
sum or sums awarded to either the defendant or the
court before the plaintiff can enter upon the
property, or
 Retain it for the public use or purpose if entry has
already been made. (9a)
Section 10.Rights of plaintiff after judgment and payment.
— Upon payment by the plaintiff to the defendant of the
compensation fixed by the judgment, with legal interest
thereon from the taking of the possession of the property,
or after tender to him of the amount so fixed and payment
of the costs, the plaintiff shall have the right to enter upon
the property expropriated and to appropriate it for the
public use or purpose defined in the judgment, or to retain
it should he have taken immediate possession thereof under
the provisions of section 2 hereof. If the defendant and his
counsel absent themselves from the court, or decline to
receive the amount tendered, the same shall be ordered to
be deposited in court and such deposit shall have the same
effect as actual payment thereof to the defendant or the
person ultimately adjudged entitled thereto. (10a)
Upon payment by the plaintiff to the defendant of the
compensation fixed by the judgment, with legal interest
thereon from the taking of the possession of the property, or
after tender to him of the amount so fixed and payment of
the costs,
 the plaintiff shall have the right to enter upon the
property expropriated and to appropriate it for the
public use or purpose defined in the judgment, or
 to retain it should he have taken immediate
possession thereof under the provisions of section 2
hereof.
If the defendant and his counsel absent themselves from the
court, or decline to receive the amount tendered,
 The same shall be ordered to be deposited in court
and such deposit shall have the same effect as actual
payment thereof to the defendant or the person
ultimately adjudged entitled thereto. (10a)
Section 11.Entry not delayed by appeal; effect of reversal. —
The right of the plaintiff to enter upon the property of the
defendant and appropriate the same for public use or
purpose shall not be delayed by an appeal from the
judgment. But if the appellate court determines that
plaintiff has no right of expropriation, judgment shall be
rendered ordering the Regional Trial Court to forthwith
enforce the restoration to the defendant of the possession
of the property, and to determine the damages which the
defendant sustained and may recover by reason of the
possession taken by the plaintiff. (11a)
The right of the plaintiff to enter upon the property of the
defendant and appropriate the same for public use or
purpose
 shall not be delayed by an appeal from the
judgment.
But if the appellate court determines that plaintiff has no
right of expropriation,
 judgment shall be rendered ordering the Regional
Trial Court to forthwith enforce the restoration to
the defendant of the possession of the property, and
  to determine the damages which the defendant
sustained and may recover by reason of the
possession taken by the plaintiff. (11a)
Section 12.Costs, by whom paid. — The fees of the
commissioners shall be taxed as a part of the costs of the
proceedings. All costs, except those of rival claimants
litigating their claims, shall be paid by the plaintiff, unless an
appeal is taken by the owner of the property and the
judgment is affirmed, in which event the costs of the appeal
shall be paid by the owner. (12a)
The fees of the commissioners shall be taxed as a part of the
costs of the proceedings.
All costs, except those of rival claimants litigating their claims,
 shall be paid by the plaintiff, unless an appeal is
taken by the owner of the property and the judgment
is affirmed, in which event the costs of the appeal
shall be paid by the owner. (12a)
Section 13.Recording judgment, and its effect. — The
judgment entered in expropriation proceedings shall state
definitely, by an adequate description, the particular
property or interest therein expropriated, and the nature of
the public use or purpose for which it is expropriated. When
real estate is expropriated, a certified copy of such
judgment shall be recorded in the registry of deeds of the
place in which the property is situated, and its effect shall
be to vest in the plaintiff the title to the real estate so
described for such public use or purpose. (13a)
The judgment entered in expropriation proceedings shall
a. state definitely, by an adequate description,
b. the particular property or interest therein
expropriated, and
c. the nature of the public use or purpose for which it
is expropriated.
When real estate is expropriated,
a. a certified copy of such judgment shall be recorded
in the registry of deeds of the place in which the
property is situated, and
b. its effect shall be to vest in the plaintiff the title to
the real estate so described for such public use or
purpose. (13a)
Section 14.Power of guardian in such proceedings. — The
guardian or guardian ad litem of a minor or of a person
judicially declared to be incompetent may, with the
approval of the court first had, do and perform on behalf of
his ward any act, matter, or thing respecting the
expropriation for public use or purpose of property
belonging to such minor or person judicially declared to be
incompetent, which such minor or person judicially declared
to be incompetent could do in such proceedings if he were
of age or competent. (14a)
The guardian or guardian ad litem of a minor or of a person
judicially declared to be incompetent may, with the approval
of the court first had,
 do and perform on behalf of his ward any act,
matter, or thing respecting the expropriation for
public use or purpose of property belonging to such
minor or person judicially declared to be
incompetent,
 which such minor or person judicially declared to be
incompetent could do in such proceedings if he were
of age or competent. (14a)
RULE 68 - Foreclosure of Real Estate Mortgage
Section 1.Complaint in action for foreclosure. — In an action
for the foreclosure of a mortgage or other encumbrance
upon real estate, the complaint shall set forth the date and
due execution of the mortgage; its assignments, if any; the
names and residences of the mortgagor and the mortgagee;
a description of the mortgaged property; a statement of the
date of the note or other documentary evidence of the
obligation secured by the mortgage, the amount claimed to
be unpaid thereon; and the names and residences of all
persons having or claiming an interest in the property
subordinate in right to that of the holder of the mortgage,
all of whom shall be made defendants in the action. (1a)
In an action for the foreclosure of a mortgage or other
encumbrance upon real estate,
1. the complaint shall set forth the date and due
execution of the mortgage;
2. its assignments, if any;
3. the names and residences of the mortgagor and the
mortgagee;
4. a description of the mortgaged property; a
statement of the date of the note or other
documentary evidence of the obligation secured by
the mortgage,
5. the amount claimed to be unpaid thereon; and
6. the names and residences of all persons having or
claiming an interest in the property subordinate in
right to that of the holder of the mortgage, all of
whom shall be made defendants in the action. (1a)
Section 2.Judgment on foreclosure for payment or sale. — If
upon the trial in such action the court shall find the facts set
forth in the complaint to be true, it shall ascertain the
amount due to the plaintiff upon the mortgage debt or
obligation, including interest and other charges as approved
by the court, and costs, and shall render judgment for the
sum so found due and order that the same be paid to the
court or to the judgment obligee within a period of not less
than ninety (90) days nor more than one hundred twenty
(120) days from the entry of judgment, and that in default of
such payment the property shall be sold at public auction to
satisfy the judgment. (2a)
If upon the trial in such action the court shall find the facts set
forth in the complaint to be true,
1. it shall ascertain the amount due to the plaintiff
upon the mortgage debt or obligation
2. including interest and other charges as approved by
the court, and costs, and
3. shall render judgment for the sum so found due and
order that the same be paid to the court or to the
judgment obligee within a period of not less than
ninety (90) days nor more than one hundred twenty
(120) days from the entry of judgment, and
4. that in default of such payment the propertyshall
be sold at public auction to satisfy the judgment.
(2a)
Section 3.Sale of mortgaged property; effect. — When the
defendant, after being directed to do so as provided in the
next preceding section, fails to pay the amount of the
judgment within the period specified therein, the court,
upon motion, shall order the property to be sold in the
manner and under the provisions of Rule 39 and other
regulations governing sales of real estate under execution.
Such sale shall not affect the rights of persons holding prior
encumbrances upon the property or a part thereof, and
when confirmed by an order of the court, also upon motion,
it shall operate to divest the rights in the property of all the
parties to the action and to vest their rights in the
purchaser, subject to such rights of redemption as may be
allowed by law.
Upon the finality of the order of confirmation or upon the
expiration of the period of redemption when allowed by
law, the purchaser at the auction sale or last redemptioner,
if any, shall be entitled to the possession of the property
unless a third party is actually holding the same adversely to
the judgment obligor. The said purchaser or last
redemptioner may secure a writ of possession, upon
motion, from the court which ordered the foreclosure. (3a)
When the defendant, after being directed to do so as
provided in the next preceding section, fails to pay the
amount of the judgment within the period specified therein,
the court, upon motion,
a. Shall order the property to be sold in the manner
and under the provisions of Rule 39 and other
regulations governing sales of real estate under
execution.
b. Such sale shall not affect the rights of persons
holding prior encumbrances upon the property or a
part thereof, and
c. When confirmed by an order of the court, also upon
motion, it shall operate to divest the rights in the
property of all the parties to the action and to vest
their rights in the purchaser, subject to such rights of
redemption as may be allowed by law.
Upon the finality of the order of confirmation or upon the
expiration of the period of redemption when allowed by law,
 The purchaser at the auction sale or last
redemptioner, if any, shall be entitled to the
possession of the propertyunless a third party is
actually holding the same adversely to the judgment
obligor.
 The said purchaser or last redemptioner may secure
a writ of possession, upon motion, from the court
which ordered the foreclosure. (3a)
Section 4.Disposition of proceeds of sale. — The amount
realized from the foreclosure sale of the mortgaged
property shall, after deducting the costs of the sale, be paid
to the person foreclosing the mortgage, and when there
shall be any balance or residue, after paying off the
mortgage debt due, the same shall be paid to junior
encumbrancers in the order of their priority, to be
ascertained by the court, or if there be no such
encumbrancers or there be a balance or residue after
payment to them, then to the mortgagor or his duly
authorized agent, or to the person entitled to it. (4a)
The amount realized from the foreclosure sale of the
mortgaged property shall, after deducting the costs of the
sale,
a. be paid to the person foreclosing the mortgage, and
b. when there shall be any balance or residue, after
paying off the mortgage debt due, the same shall be
paid to junior encumbrancers in the order of their
priority, to be ascertained by the court, or
c. if there be no such encumbrancers or there be a
balance or residue after payment to them, then to
the mortgagor or his duly authorized agent, or to
the person entitled to it. (4a)
Section 5.How sale to proceed in case the debt is not all due.
— If the debt for which the mortgage or encumbrance was
held is not all due as provided in the judgment as soon as a
sufficient portion of the property has been sold to pay the
total amount and the costs due, the sale shall terminate;
and afterwards as often as more becomes due for principal
or interest and other valid charges, the court may, on
motion, order more to be sold. But if the property cannot be
sold in portions without prejudice to the parties, the whole
shall be ordered to be sold in the first instance, and the
entire debt and costs shall be paid, if the proceeds of the
sale be sufficient therefor, there being a rebate of interest
where such rebate is proper. (5a)
If the debt for which the mortgage or encumbrance was held
is not all due as provided in the judgment as soon as a
sufficient portion of the property has been sold to pay the
total amount and the costs due,
 the sale shall terminate;
and afterwards as often as more becomes due for principal or
interest and other valid charges,
 the court may, on motion, order more to be sold.
But if the property cannot be sold in portions without
prejudice to the parties,
 the whole shall be ordered to be sold in the first
instance, and the entire debt and costs shall be paid,
if the proceeds of the sale be sufficient therefor,
there being a rebate of interest where such rebate is
proper. (5a)
Section 6.Deficiency judgment. — If upon the sale of any
real property as provided in the next preceding section
there be a balance due to the plaintiff after applying the
proceeds of the sale, the court, upon motion, shall render
judgment against the defendant for any such balance for
which, by the record of the case, he may be personally liable
to the plaintiff, upon which execution may issue
immediately if the balance is all due at the time of the
rendition of the judgment; otherwise; the plaintiff shall be
entitled to execution at such time as the balance remaining
becomes due under the terms of the original contract, which
time shall be stated in the judgment. (6a)
If upon the sale of any real property as provided in the next
preceding section there be a balance due to the plaintiff after
applying the proceeds of the sale,
 the court, upon motion, shall render judgment
against the defendant for any such balance for
which,
a. by the record of the case, he may be
personally liable to the plaintiff,
b. upon which execution may issue
immediately if the balance is all due at the
time of the rendition of the judgment;
c. otherwise; the plaintiff shall be entitled to
execution at such time as the balance
remaining becomes due under the terms of
the original contract, which time shall be
stated in the judgment. (6a)
Section 7.Registration. — A certified copy of the final order
of the court confirming the sale shall be registered in the
registry of deeds. If no right of redemption exists, the
certificate of title in the name of the mortgagor shall be
cancelled, and a new one issued in the name of the
purchaser.
Where a right of redemption exists, the certificate of title in
the name of the mortgagor shall not be cancelled, but the
certificate of sale and the order confirming the sale shall be
registered and a brief memorandum thereof made by the
registrar of deeds upon the certificate of title. In the event
the property is redeemed, the deed of redemption shall be
registered with the registry of deeds, and a brief
memorandum thereof shall be made by the registrar of
deeds on said certificate of title.
If the property is not redeemed, the final deed of sale
executed by the sheriff in favor of the purchaser at the
foreclosure sale shall be registered with the registry of
deeds; whereupon the certificate of title in the name of the
mortgagor shall be cancelled and a new one issued in the
name of the purchaser. (n)
A certified copy of the final order of the court confirming the
sale
 shall be registered in the registry of deeds.
If no right of redemption exists,
 the certificate of title in the name of the mortgagor
shall be cancelled, and a new one issued in the
name of the purchaser.
Where a right of redemption exists,
a. the certificate of title in the name of the mortgagor
shall not be cancelled,
b. but the certificate of sale and the order confirming
the sale shall be registered and a brief
memorandum thereof made by the registrar of
deeds upon the certificate of title.
In the event the property is redeemed,
a. the deed of redemption shall be registered with the
registry of deeds, and
b. a brief memorandum thereof shall be made by the
registrar of deeds on said certificate of title.
If the property is not redeemed,
a. the final deed of sale executed by the sheriff in favor
of the purchaser at the foreclosure sale shall be
registered with the registry of deeds;
 b. whereupon the certificate of title in the name of the
mortgagor shall be cancelled and a new one issued
in the name of the purchaser. (n)
Section 8.Applicability of other provisions. — The provisions
of sections 31, 32 and 34 of Rule 39 shall be applicable to
the judicial foreclosure of real estate mortgages under this
Rule insofar as the former are not inconsistent with or may
serve to supplement the provisions of the latter. (8a)
The provisions of sections 31, 32 and 34 of Rule 39
 shall be applicable to the judicial foreclosure of real
estate mortgages under this Rule:
a. insofar as the former are not inconsistent
with or
b. may serve to supplement the provisions of
the latter. (8a)
RULE 69 - Partition
Partition – separation, division and assignment of a thing
held in common among those to whom it may belong.
Notes:
Classes of partition:
a. Voluntary partition –a division of the property by
the act of the parties themselves.
b. Compulsory partition- partition by judicial
proceedings at the instance of one or more of the
co-tenants without regard to the wishes of the other
co-tenants.
Kinds of partition:
a. Total – Partition is total when all the things are
divided among the participants.
b. Partial – when some of the things are divided and
the rest remaining the community ownership
c. Provisional – when it is temporary or conditional,
that is until a final or definite division is made.
d. Definite – when the division resulting is permanent,
final and absolute
e. Judicial – when the court intervenes and approves
the division
f. Extrajudicial – division may be made by the testator
himself, or by some person named by the deceased
or amicably the interested heirs by common
agreement.
It is in nature of action quasi-in rem since it is not only
directed to a particular person, but it constitutes a lien on the
property subject matter of the action with the intention of
excluding the interest of defendant therein.
Partition is capable of pecuniary estimation, therefore, the
jurisdiction depends on the amount of the property. If it is
real property, the venue depends where the property is
located, if it is personal property, it depends on the residence
of the parties.
Section 1.Complaint in action for partition of real estate. —
A person having the right to compel the partition of real
estate may do so as provided in this Rule, setting forth in his
complaint the nature and extent of his title and an adequate
description of the real estate of which partition is
demanded and joining as defendants all other persons
interested in the property. (1a)
A person having the right to compel the partition of real
estate may do so as provided in this Rule,
a. setting forth in his complaint the nature and extent
of his title and
b. an adequate description of the real estate of which
partition is demanded and
c. joining as defendants all other persons interested
in the property. (1a)
Notes:
All co-owners must be joined as defendants being
indispensable parties. Reyes vs Cordero, 46 Phil 658.
Where one of the co-owners has died, the action for partition
may be bought by the administrator of his estate.
It is a settled rule that an action for partition does not
prescribe as long as co-ownership exists. Bicarmevs CA, June
6, 1990.
When the allegations of the complaint allege that the plaintiff
asserts exclusive ownership of the property sought to be
partitioned, the nature of the action is not one for partition,
but ordinary action for recovery of property.
Section 2.Order for partition and partition by agreement
thereunder. — If after the trial the court finds that the
plaintiff has the right thereto, it shall order the partition of
the real estate among all the parties in interest. Thereupon
the parties may, if they are able to agree, make the partition
among themselves by proper instruments of conveyance,
and the court shall confirm the partition so agreed upon by
all the parties, and such partition, together with the order of
the court confirming the same, shall be recorded in the
registry of deeds of the place in which the property is
situated. (2a)
A final order decreeing partition and accounting may be
appealed by any party aggrieved thereby. (n)
If after the trial the court finds that the plaintiff has the right
thereto,
 it shall order the partition of the real estate among
all the parties in interest.
Thereupon the parties may, if they are able to agree,
a. make the partition among themselves by proper
instruments of conveyance, and
b. the court shall confirm the partition so agreed upon
by all the parties, and
c. such partition, together with the order of the court
confirming the same, shall be recorded in the
registry of deeds of the place in which the property
is situated. (2a)
A final order decreeing partition and accounting may be
appealed by any party aggrieved thereby. (n)
Section 3.Commissioners to make partition when parties fail
to agree. — If the parties are unable to agree upon the
partition, the court shall appoint not more than three (3)
competent and disinterested persons as commissioners to
make the partition, commanding them to set off to the
plaintiff and to each party in interest such part and
proportion of the property as the court shall direct. (3a)
If the parties are unable to agree upon the partition,
a. the court shall appoint not more than three (3)
competent and disinterested persons as
commissioners to make the partition,
b. commanding them to set off to the plaintiff and to
each party in interest such part and proportion of
the property as the court shall direct. (3a)
Section 4.Oath and duties of commissioners. — Before
making such partition; the commissioners shall take and
subscribe an oath that they will faithfully perform their duties
as commissioners, which oath shall be filed in court with the
other proceedings in the case. In making the partition, the
commissioners shall view and examine the real estate, after
due notice to the parties to attend at such view and
examination, and shall hear the parties as to their preference
in the portion of the property to be set apart to them and the
comparative value thereof, and shall set apart the same to
the parties in lots or parcels as will be most advantageous
and equitable, having due regard to the improvements,
situation and quality of the different parts thereof. (4a)
Before making such partition; the commissioners shall
a. take and subscribe an oath that they will faithfully
perform their duties as commissioners,
b. which oath shall be filed in court with the other
proceedings in the case.
In making the partition, the commissioners,
a. shall view and examine the real estate, after due
notice to the parties to attend at such view and
examination, and
b. shall hear the parties as to their preference in the
portion of the property to be set apart to them and
the comparative value thereof, and
c. shall set apart the same to the parties in lots or
parcels as will be most advantageous and equitable,
having due regard to the improvements, situation
and quality of the different parts thereof. (4a)
Section 5.Assignment or sale of real estate by
commissioners. — When it is made to appear to the
commissioners that the real state, or a portion thereof,
cannot be divided without prejudice to the interests of the
parties, the court may order it assigned to one of the parties
willing to take the same, provided he pays to the other
parties such amount as the commissioners deem equitable,
unless one of the interested parties asks that the property
be sold instead of being so assigned, in which case the court
shall order the commissioners to sell the real estate at
public sale under such conditions and within such time as
the court may determine. (5a)
When it is made to appear to the commissioners that the real
state, or a portion thereof, cannot be divided without
prejudice to the interests of the parties,
a. The court may order it assigned to one of the parties
willing to take the same, provided he pays to the
other parties such amount as the commissioners
deem equitable,
b. Unless one of the interested parties asks that the
property be sold instead of being so assigned, in
which case the court shall order the commissioners
to sell the real estate at public sale under such
conditions and within such time as the court may
determine. (5a)
Section 6.Report of commissioners; proceedings not binding
until confirmed. — The commissioners shall make a full and
accurate report to the court of all their proceedings as to the
partition, or the assignment of real estate to one of the
parties, or the sale of the same. Upon the filing of such
report, the clerk of court shall serve copies thereof on all the
interested parties with notice that they are allowed ten (10)
days within which to file objections to the findings of the
report, if they so desire. No proceeding had before or
conducted by the commissioners and rendered judgment
thereon. (6a)
The commissioners shall
a. make a full and accurate report to the court of all
their proceedings as to the partition, or
b. the assignment of real estate to one of the parties,
or
c. the sale of the same.
Upon the filing of such report,
 the clerk of court shall serve copies thereof on all
the interested parties with notice that they are
allowed ten (10) days within which to file
objections to the findings of the report, if they so
desire. No proceeding had before or conducted by
the commissioners and rendered judgment thereon.
(6a)
Section 7.Action of the court upon commissioners report. —
Upon the expiration of the period of ten (10) days referred
to in the preceding section or even before the expiration of
such period but after the interested parties have filed their
objections to the report or their statement of agreement
therewith the court may, upon hearing, accept the report
and render judgment in accordance therewith, or, for cause
shown recommit the same to the commissioners for further
report of facts; or set aside the report and appoint new
commissioners; or accept the report in part and reject it in
part; and may make such order and render such judgment
as shall effectuate a fair and just partition of the real estate,
or of its value, if assigned or sold as above provided,
between the several owners thereof. (7)
a. Upon the expiration of the period of ten (10) days
referred to in the preceding section or
b. even before the expiration of such period but after
the interested parties have filed their objections to
the report or their statement of agreement
therewith
The court may, upon hearing,
1. accept the report and render judgment in
accordance therewith, or,
2. for cause shown recommit the same to the
commissioners for further report of facts; or
3. set aside the report and appoint new
commissioners; or
4. accept the report in part and reject it in part; and
5. may make such order and render such judgment as
shall effectuate a fair and just partition of the real
estate, or of its value, if assigned or sold as above
provided, between the several owners thereof. (7)
Section 8.Accounting for rent and profits in action for
partition. — In an action for partition in accordance with
this Rule, a party shall recover from another his just share of
rents and profits received by such other party from the real
estate in question, and the judgment shall include an
allowance for such rents and profits. (8a)
In an action for partition in accordance with this Rule,
a. a party shall recover from another his just share of
rents and profits received by such other party from
the real estate in question, and
b. the judgment shall include an allowance for such
rents and profits. (8a)
Section 9.Power of guardian in such proceedings. — The
guardian or guardian ad litem of a minor or person judicially
declared to be incompetent may, with the approval of the
court first had, do and perform on behalf of his ward any
act, matter, or thing respecting the partition of real estate,
which the minor or person judicially declared to be
incompetent could do in partition proceedings if he were of
age or competent. (9a)
The guardian or guardian ad litem of a minor or person
judicially declared to be incompetent may, with the approval
of the court first had,
 do and perform on behalf of his ward any act,
matter, or thing respecting the partition of real
estate, which the minor or person judicially declared
to be incompetent could do in partition proceedings
if he were of age or competent. (9a)
Section 10.Costs and expenses to be taxed and collected. —
The court shall equitably tax and apportion between or
among the parties the costs and expenses which accrue in
the action, including the compensation of the
commissioners, having regard to the interests of the parties,
and execution may issue therefor as in other cases. (10a)
The court shall,
 equitably tax and apportion between or among the
parties the
a. costs and
b. expenses which accrue in the action,
c. including the compensation of the
commissioners, having regard to the
interests of the parties, and execution may
issue therefor as in other cases. (10a)
Section 11.The judgment and its effect; copy to be recorded
in registry of deeds. — If actual partition of property is
made, the judgment shall state definitely, by metes and
bounds and adequate description, the particular portion of
the real estate assigned to each party, and the effect of the
judgment shall be to vest in each party to the action in
severalty the portion of the real estate assigned to him. If
the whole property is assigned to one of the parties upon
his paying to the others the sum or sums ordered by the
court, the judgment shall state the fact of such payment and
of the assignment of the real estate to the party making the
payment, and the effect of the judgment shall be to vest in
the party making the payment the whole of the real estate
free from any interest on the part of the other parties to the
action. If the property is sold and the sale confirmed by the
court, the judgment shall state the name of the purchaser or
purchasers and a definite description of the parcels of real
estate sold to each purchaser, and the effect of the
judgment shall be to vest the real estate in the purchaser or
purchasers making the payment or payments, free from the
claims of any of the parties to the action. A certified copy of
the judgment shall in either case be recorded in the registry
of deeds of the place in which the real estate is situated,
and the expenses of such recording shall be taxed as part of
the costs of the action. (11a)
If actual partition of property is made, the judgment shall
a. state definitely, by metes and bounds and adequate
description, the particular portion of the real estate
assigned to each party, and
b. the effect of the judgment shall be to vest in each
party to the action in severalty the portion of the
real estate assigned to him.
If the whole property is assigned to one of the parties upon
his paying to the others the sum or sums ordered by the
court,
a. the judgment shall state the fact of such payment
and of the assignment of the real estate to the party
making the payment, and
b. the effect of the judgment shall be to vest in the
party making the payment the whole of the real
estate free from any interest on the part of the other
parties to the action.
If the property is sold and the sale confirmed by the court,
a. the judgment shall state the name of the purchaser
or purchasers and a definite description of the
parcels of real estate sold to each purchaser, and
b. the effect of the judgment shall be to vest the real
estate in the purchaser or purchasers making the
payment or payments, free from the claims of any of
the parties to the action.
c. A certified copy of the judgment shall in either case
be recorded in the registry of deeds of the place in
which the real estate is situated, and the expenses
of such recording shall be taxed as part of the costs
of the action. (11a)
Section 12.Neither paramount rights nor amicable partition
affected by this Rule. — Nothing in this Rule contained shall
be construed so as to prejudice, defeat, or destroy the right
or title of any person claiming the real estate involved by
title under any other person, or by title paramount to the
title of the parties among whom the partition may have
been made, nor so as to restrict or prevent persons holding
real estate jointly or in common from making an amicable
partition thereof by agreement and suitable instruments of
conveyance without recourse to an action. (12a)
Nothing in this Rule contained shall be construed so as to
a. prejudice,
b. defeat, or
c. destroy
 the right or title of any person claiming the real
estate involved by title under any other person, or
 by title paramount to the title of the parties among
whom the partition may have been made,
Nor so as to restrict or prevent persons holding real estate
jointly or in common from making an amicable partition
thereof by agreement and suitable instruments of
conveyance without recourse to an action. (12a)
Section 13.Partition of personal property. — The provisions
of this Rule shall apply to partitions of estates composed of
personal property, or of both real and personal property, in
so far as the same may be applicable. (13)
The provisions of this Rule shall apply to partitions of estates
composed of
a. personal property, or
b. of both real and personal property,
in so far as the same may be applicable. (13)
RULE 70 -Forcible Entry and Unlawful Detainer
Section 1.Who may institute proceedings, and when. —
Subject to the provisions of the next succeeding section, a
person deprived of the possession of any land or building by
force, intimidation, threat, strategy, or stealth, or a lessor,
vendor, vendee, or other person against whom the
possession of any land or building is unlawfully withheld
after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or
the legal representatives or assigns of any such lessor,
vendor, vendee, or other person, may, at any time within
one (1) year after such unlawful deprivation or withholding
of possession, bring an action in the proper Municipal Trial
Court against the person or persons unlawfully withholding
or depriving of possession, or any person or persons
claiming under them, for the restitution of such possession,
together with damages and costs. (1a)
A person deprived of the possession of any land or building
by
1. force,
2. intimidation,
3. threat,
4. strategy, or
5. stealth, or
6. a lessor, vendor, vendee, or other person against
whom the possession of any land or building is
unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue
of any contract, express or implied, or the legal
representatives or assigns of any such lessor,
vendor, vendee, or other person,
May, at any time within one (1) year after such unlawful
deprivation or withholding of possession,
 Bring an action in the proper Municipal Trial Court
against the
1. person or persons unlawfully withholding or
depriving of possession, or
2. any person or persons claiming under them,
 For the restitution of such possession, together with
damages and costs. (1a)
Section 2.Lessor to proceed against lessee only after
demand. — Unless otherwise stipulated, such action by the
lesser shall be commenced only after demand to pay or
comply with the conditions of the lease and to vacate is
made upon the lessee, or by serving written notice of such
demand upon the person found on the premises if no
person be found thereon, and the lessee fails to comply
therewith after fifteen (15) days in the case of land or five
(5) days in the case of buildings. (2a)
Unless otherwise stipulated, such action by the lesser shall be
commenced only
1. after demand to pay or comply with the conditions
of the lease and to vacate is made upon the lessee,
or
2. by serving written notice of such demand upon the
person found on the premises if no person be found
thereon, and
 The lessee fails to comply therewith after fifteen (15)
days in the case of land or five (5) days in the case of
buildings. (2a)
Section 3.Summary procedure. — Except in cases covered by
the agricultural tenancy laws or when the law otherwise
expressly provides, all actions for forcible entry and
unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered, shall be governed by
the summary procedure hereunder provided. (n)
All actions for forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals
sought to be recovered,
 Shall be governed by the summary procedure
hereunder provided. (n)
 Except in cases covered by the agricultural tenancy
laws or when the law otherwise expressly provides,
Section 4.Pleadings allowed. — The only pleadings allowed to
be filed are the complaint, compulsory counterclaim and
cross-claim pleaded in the answer, and the answers thereto.
All pleadings shall be verified. (3a, RSP)
The only pleadings allowed to be filed are the
1. complaint,
2. compulsory counterclaim and
3. cross-claim pleaded in the answer,
4. and the answers thereto.
All pleadings shall be verified.
Section 5.Action on complaint. — The court may, from an
examination of the allegations in the complaint and such
evidence as may be attached thereto, dismiss the case
outright on any of the grounds for the dismissal of a civil
action which are apparent therein. If no ground for dismissal
is found, it shall forthwith issue summons. (n)
The court may,
1. from an examination of the allegations in the
complaint and
2. such evidence as may be attached thereto,
 dismiss the case outright on any of the grounds for
the dismissal of a civil action which are apparent
therein
If no ground for dismissal is found,
 it shall forthwith issue summons. (n)
Section 6.Answers. — Within ten (10) days from service of
summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein shall
be deemed waived, except lack of jurisdiction over the
subject matter. Cross-claims and compulsory counterclaims
not asserted in the answer shall be considered barred. The
answer to counterclaims or cross-claims shall be served and
filed within ten (10) days from service of the answer in
which they are pleaded. (5 RSP)
Within ten (10) days from service of summons,
 1. the defendant shall file his answer to the complaint
and
2. serve a copy thereof on the plaintiff.
Gen rule: Affirmative and negative defenses not pleaded
therein shall be deemed waived,
Exception: lack of jurisdiction over the subject matter.
Cross-claims and compulsory counterclaims not asserted in
the answer shall be considered barred.
The answer to counterclaims or cross-claims shall be served
and filed within ten (10) days from service of the answer in
which they are pleaded. (5 RSP)
Section 7.Effect of failure to answer. — Should the
defendant fail to answer the complaint within the period
above provided, the court, motuproprio or on motion of the
plaintiff, shall render judgment as may be warranted by the
facts alleged in the complaint and limited to what is prayed
for therein. The court may in its discretion reduce the
amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable, without prejudice to
the applicability of section 3 (c), Rule 9 if there are two or
more defendants.
(6, RSP)
Should the defendant fail to answer the complaint within the
period above provided, the court, motuproprio or on motion
of the plaintiff,
 Shall render judgment as may be warranted by the
facts alleged in the complaint and limited to what is
prayed for therein.
 The court may in its discretion reduce the amount of
damages and attorney's fees claimed for being
excessive or otherwise unconscionable, without
prejudice to the applicability of section 3 (c), Rule 9 if
there are two or more defendants.
Section 8.Preliminary conference; appearance of parties. —
Not later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held. The provisions of Rule
18 on pre-trial shall be applicable to the preliminary
conference unless inconsistent with the provisions of this
Rule.
The failure of the plaintiff to appear in the preliminary
conference shall be cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff
shall be entitled to judgment on his counterclaim in
accordance with the next preceding section. All cross-claims
shall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiff shall
likewise be entitled to judgment in accordance with the next
preceding section. This procedure shall not apply where one
of two or more defendants sued under a common cause of
action defense shall appear at the preliminary conference.
No postponement of the preliminary conference shall be
granted except for highly meritorious grounds and without
prejudice to such sanctions as the court in the exercise of
sound discretion may impose on the movant. (n)
Not later than thirty (30) days after the last answer is filed,
 a preliminary conference shall be held. The
provisions of Rule 18 on pre-trial shall be applicable
to the preliminary conference unless inconsistent
with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary
conference
 shall be cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff
shall be entitled to judgment on his counterclaim in
accordance with the next preceding section.
All cross-claims shall be dismissed.
If a sole defendant shall fail to appear,
 the plaintiff shall likewise be entitled to judgment in
accordance with the next preceding section.
 This procedure shall not apply where one of two or
more defendants sued under a common cause of
action defense shall appear at the preliminary
conference.
Gen Rule: No postponement of the preliminary conference
shall be granted
Exception: For highly meritorious grounds and without
prejudice to such sanctions as the court in the exercise of
sound discretion may impose on the movant. (n)
Section 9.Record of preliminary conference. — Within five
(5) days after the termination of the preliminary conference,
the court shall issue an order stating the matters taken up
therein, including but not limited to:
1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by
the parties;
3. Whether, on the basis of the pleadings and the
stipulations and admission made by the parties,
 judgment may be rendered without the need of
further proceedings, in which event the judgment
shall be rendered within thirty (30) days from
issuance of the order;
4. A clear specification of material facts which
remain converted; and
5. Such other matters intended to expedite the
disposition of the case. (8, RSP)
Within five (5) days after the termination of the preliminary
conference,
 the court shall issue an order stating the matters
taken up therein,
Including but not limited to:
1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by
the parties;
3. Whether, on the basis of the pleadings and the
stipulations and admission made by the parties,
judgment may be rendered without the need of
further proceedings, in which event the judgment
shall be rendered within thirty (30) days from
issuance of the order;
4. A clear specification of material facts which
remain converted; and
5. Such other matters intended to expedite the
disposition of the case. (8, RSP)
Section 10.Submission of affidavits and position papers. —
Within ten (10) days from receipt of the order mentioned in
the next preceding section, the parties shall submit the
affidavits of their witnesses and other evidence on the
factual issues defined in the order, together with their
position papers setting forth the law and the facts relied
upon by them. (9, RSP)
Within ten (10) days from receipt of the order mentioned in
the next preceding section,
a. the parties shall submit the affidavits of their
witnesses and
b. other evidence on the factual issues defined in the
order,
c. together with their position papers setting forth the
law and the facts relied upon by them. (9, RSP)
Section 11.Period for rendition of judgment. — Within thirty
(30) days after receipt of the affidavits and position papers,
or the expiration of the period for filing the same, the court
shall render judgment.
However, should the court find it necessary to clarify certain
material facts, during the said period, issue an order
specifying the matters to be clarified, and require the
parties to submit affidavits or other evidence on the said
matters within ten (10) days from receipt of said order.
Judgment shall be rendered within fifteen (15) days after
the receipt of the last affidavit or the expiration of the
period for filing the same.
The court shall not resort to the foregoing procedure just to
gain time for the rendition of the judgment. (n)
a. Within thirty (30) days after receipt of the affidavits
and position papers,
b. or the expiration of the period for filing the same,
 the court shall render judgment.
Should the court find it necessary to clarify certain material
facts, during the said period,
a. issue an order specifying the matters to be clarified,
and
b. require the parties to submit affidavits or other
evidence on the said matters within ten (10) days
from receipt of said order.
Judgment shall be rendered within fifteen (15) days after the
receipt of the last affidavit or the expiration of the period
for filing the same.
The court shall not resort to the foregoing procedure just to
gain time for the rendition of the judgment. (n)
Section 12.Referral for conciliation. — Cases requiring
referral for conciliation, where there is no showing of
compliance with such requirement, shall be dismissed
without prejudice, and may be revived only after that
requirement shall have been complied with. (18a, RSP)
Cases requiring referral for conciliation, where there is no
showing of compliance with such requirement,
a. shall be dismissed without prejudice, and
b. may be revived only after that requirement shall
have been complied with. (18a, RSP)
Section 13.Prohibited pleadings and motions. — The
following petitions, motions, or pleadings shall not be
allowed:
 1. Motion to dismiss the complaint except on the
ground of lack of jurisdiction over the subject
matter, or failure to comply with section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,
affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints;
12. Interventions. (19a, RSP)
The following petitions, motions, or pleadings shall not be
allowed:
1. Motion to dismiss the complaint except on the
ground of lack of jurisdiction over the subject matter,
or failure to comply with section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,
affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints;
12. Interventions. (19a, RSP)
Section 14.Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of direct
personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the
matters stated therein.
A violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and
shall be cause to expunge the inadmissible affidavit or
portion thereof from the record. (20, RSP)
The affidavits required to be submitted under this Rule shall
a. state only facts of direct personal knowledge of the
affiants which are admissible in evidence, and
b. shall show their competence to testify to the
matters stated therein.
A violation of this requirement,
a. may subject the party or the counsel who submits
the same to disciplinary action, and
b. shall be cause to expunge the inadmissible affidavit
or portion thereof from the record. (20, RSP)
Section 15.Preliminary injunction. — The court may grant
preliminary injunction, in accordance with the provisions of
Rule 58 hereof, to prevent the defendant from committing
further acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible
from the filing of the complaint, present a motion in the
action for forcible entry or unlawful detainer for the
issuance of a writ of preliminary mandatory injunction to
restore him in his possession. The court shall decide the
motion within thirty (30) days from the filing thereof. (3a)
The court may grant preliminary injunction, in accordance
with the provisions of Rule 58 hereof,
 to prevent the defendant from committing further
acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible from
the filing of the complaint,
 present a motion in the action for forcible entry or
unlawful detainer for the issuance of a writ of
preliminary mandatory injunction to restore him in
his possession.
  The court shall decide the motion within thirty (30)
days from the filing thereof. (3a)
Section 16.Resolving defense of ownership. — When the
defendant raises the defense of ownership in his pleadings
and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership shall
be resolved only to determine the issue of possession. (4a)
a. When the defendant raises the defense of
ownership in his pleadings and
b. the question of possession cannot be resolved
without deciding the issue of ownership,
 the issue of ownership shall be resolved only to
determine the issue of possession. (4a)
Section 17.Judgment. — If after trial court finds that the
allegations of the complaint are true, it shall render
judgment in favor of the plaintiff for the restitution of the
premises, the sum justly due as arrears of rent or as
reasonable compensation for the use and occupation of the
premises, attorney's fees and costs. If a counterclaim is
established, the court shall render judgment for the sum
found in arrears from either party and award costs as justice
requires. (6a)
If after trial court finds that the allegations of the complaint
are true,
a. it shall render judgment in favor of the plaintiff for
the restitution of the premises,
b. the sum justly due as arrears of rent or as
reasonable compensation for the use and
occupation of the premises,
c. attorney's fees and costs.
If a counterclaim is established, the court shall render
judgment for the sum found in arrears from either party and
award costs as justice requires. (6a)
Section 18.Judgment conclusive only on possession; not
conclusive in actions involving title or ownership. — The
judgment rendered in an action for forcible entry or
detainer shall be conclusive with respect to the possession
only and shall in no wise bind the title or affect the
ownership of the land or building. Such judgment shall not
bar an action between the same parties respecting title to
the land or building.
The judgment or final order shall be appealable to the
appropriate Regional Trial Court which shall decide the
same on the basis of the entire record of the proceedings
had in the court of origin and such memoranda and/or
briefs as may be submitted by the parties or required by the
Regional Trial Court. (7a)
The judgment rendered in an action for forcible entry or
detainer shall
a. Be conclusive with respect to the possession only
and
b. Shall in no wise bind the title or affect the ownership
of the land or building.
c. Such judgment shall not bar an action between the
same parties respecting title to the land or building.
The judgment or final order shall be appealable to the
appropriate Regional Trial Court which shall decide the same
on the basis of the entire record of the proceedings had in the
court of origin and such memoranda and/or briefs as may be
submitted by the parties or required by the Regional Trial
Court. (7a)
Section 19.Immediate execution of judgment; how to stay
same. — If judgment is rendered against the defendant,
execution shall issue immediately upon motion unless an
appeal has been perfected and the defendant to stay
execution files a sufficient supersedeas bond, approved by
the Municipal Trial Court and executed in favor of the
plaintiff to pay the rents, damages, and costs accruing down
to the time of the judgment appealed from, and unless,
during the pendency of the appeal, he deposits with the
appellate court the amount of rent due from time to time
under the contract, if any, as determined by the judgment of
the Municipal Trial Court. In the absence of a contract, he
shall deposit with the Regional Trial Court the reasonable
value of the use and occupation of the premises for the
preceding month or period at the rate determined by the
judgment of the lower court on or before the tenth day of
each succeeding month or period. The supersedeas bond
shall be transmitted by the Municipal Trial Court, with the
papers, to the clerk of the Regional Trial Court to which the
action is appealed.
All amounts so paid to the appellate court shall be
deposited with said court or authorized government
depositary bank, and shall be held there until the final
disposition of the appeal, unless the court, by agreement of
the interested parties, or in the absence of reasonable
grounds of opposition to a motion to withdraw, or for
justifiable reasons, shall decree otherwise. Should the
defendant fail to make the payments above prescribed from
time to time during the pendency of the appeal, the
appellate court, upon motion of the plaintiff, and upon
proof of such failure, shall order the execution of the
judgment appealed from with respect to the restoration of
possession, but such execution shall not be a bar to the
appeal taking its course until the final disposition thereof on
the merits.
After the case is decided by the Regional Trial Court, any
money paid to the court by the defendant for purposes of
the stay of execution shall be disposed of in accordance with
the provisions of the judgment of the Regional Trial Court.
In any case wherein it appears that the defendant has been
deprived of the lawful possession of land or building
pending the appeal by virtue of the execution of the
judgment of the Municipal Trial Court, damages for such
deprivation of possession and restoration of possession and
restoration of possession may be allowed the defendant in
the judgment of the Regional Trial Court disposing of the
appeal. (8a)
If judgment is rendered against the defendant,
a. execution shall issue immediately upon motion
b. unless an appeal has been perfected and the
defendant to stay execution files a sufficient
supersedeas bond, approved by the Municipal Trial
Court and executed in favor of the plaintiff to pay
the rents, damages, and costs accruing down to the
time of the judgment appealed from, and
c. unless, during the pendency of the appeal, he
deposits with the appellate court the amount of rent
due from time to time under the contract, if any, as
determined by the judgment of the Municipal Trial
Court.
In the absence of a contract,
 he shall deposit with the Regional Trial Court the
reasonable value of the use and occupation of the
premises for the preceding month or period at the
rate determined by the judgment of the lower court
on or before the tenth day of each succeeding
month or period.
The supersedeas bond shall be transmitted by the Municipal
Trial Court, with the papers, to the clerk of the Regional Trial
Court to which the action is appealed.
All amounts so paid to the appellate court shall
a. be deposited with said court or authorized
government depositary bank, and
b. shall be held there until the final disposition of the
appeal,
unless the court,
a. by agreement of the interested parties, or
b. in the absence of reasonable grounds of opposition
to a motion to withdraw, or
c. for justifiable reasons,
 shall decree otherwise.
Should the defendant fail to make the payments above
prescribed from time to time during the pendency of the
appeal, the appellate court, upon motion of the plaintiff, and
upon proof of such failure,
a. shall order the execution of the judgment appealed
from with respect to the restoration of possession,
b. but such execution shall not be a bar to the appeal
taking its course until the final disposition thereof on
the merits.
After the case is decided by the Regional Trial Court,
 any money paid to the court by the defendant for
purposes of the stay of execution shall be disposed
of in accordance with the provisions of the
judgment of the Regional Trial Court.
In any case wherein it appears that the defendant has been
deprived of the lawful possession of land or building pending
the appeal by virtue of the execution of the judgment of the
Municipal Trial Court,
 damages for such deprivation of possession and
restoration of possession and restoration of possession
may be allowed the defendant in the judgment of the
Regional Trial Court disposing of the appeal. (8a)
Section 20.Preliminary mandatory injunction in case of
appeal. — Upon motion of the plaintiff, within ten (10) days
from the perfection of the appeal to the Regional Trial Court,
the latter may issue a writ of preliminary mandatory
injunction to restore the plaintiff in possession if the court is
satisfied that the defendant's appeal is frivolous or dilatory or
that the appeal of the plaintiff is prima facie meritorious. (9a)
Upon motion of the plaintiff, within ten (10) days from the
perfection of the appeal to the Regional Trial Court,
 the latter may issue a writ of preliminary mandatory
injunction to restore the plaintiff in possession if:
a. the court is satisfied that the defendant's
appeal is frivolous or dilatory or
b. that the appeal of the plaintiff is prima facie
meritorious. (9a)
Section 21.Immediate execution on appeal to Court of
Appeals or Supreme Court. — The judgment of the Regional
Trial Court against the defendant shall be immediately
executory, without prejudice to a further appeal that may
be taken therefrom. (10a)
The judgment of the Regional Trial Court against the
defendant shall
 be immediately executory, without prejudice to a
further appeal that may be taken therefrom. (10a)
RULE 71 - Contempt
Section 1.Direct contempt punished summarily. — A person
guilty of misbehavior in the presence of or so near a court as
to obstruct or interrupt the proceedings before the same,
including disrespect toward the court, offensive
personalities toward others, or refusal to be sworn or to
answer as a witness, or to subscribe an affidavit or
deposition when lawfully required to do so, may be
summarily adjudged in contempt by such court and
punished by a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if it be a
Regional Trial Court or a court of equivalent or higher rank,
or by a fine not exceeding two hundred pesos or
imprisonment not exceeding one (1) day, or both, if it be a
lower court. (1a)
A person guilty of
1. misbehavior in the presence of or so near a court as
to obstruct or
2. interrupt the proceedings before the same, including
a. disrespect toward the court,
b. offensive personalities toward others, or
c. refusal to be sworn or to answer as a
witness, or
d. to subscribe an affidavit or deposition when
lawfully required to do so,
 may be summarily adjudged in contempt by such
court and
 punished by a
o fine not exceeding two thousand pesos
orimprisonment not exceeding ten (10)
days, or both, if it be a Regional Trial Court
or a court of equivalent or higher rank, or
o by a fine not exceeding two hundred pesos
or imprisonment not exceeding one (1)
day, or both, if it be a lower court. (1a)
Section 2.Remedy therefrom. — The person adjudged in
direct contempt by any court may not appeal therefrom, but
may avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall be
suspended pending resolution of such petition, provided
such person files a bond fixed by the court which rendered
the judgment and conditioned that he will abide by and
perform the judgment should the petition be decided
against him. (2a)
The person adjudged in direct contempt by any court may
not appeal therefrom,
 But may avail himself of the remedies of certiorari or
prohibition.
The execution of the judgment shall be suspended pending
resolution of such petition,
a. provided such person files a bond fixed by the court
which rendered the judgment and
b. conditioned that he will abide by and perform the
judgment should the petition be decided against
him. (2a)
Section 3.Indirect contempt to be punished after charge and
hearing. — After a charge in writing has been filed, and an
opportunity given to the respondent to comment thereon
within such period as may be fixed by the court and to be
heard by himself or counsel, a person guilty of any of the
following acts may be punished for indirect contempt;
(a) Misbehavior of an officer of a court in the
performance of his official duties or in his official
transactions;
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including
the act of a person who, after being dispossessed or
ejected from any real property by the judgment or
process of any court of competent jurisdiction,
enters or attempts or induces another to enter into
or upon such real property, for the purpose of
executing acts of ownership or possession, or in any
manner disturbs the possession given to the person
adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with
the processes or proceedings of a court not
constituting direct contempt under section 1 of this
Rule;
(d) Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice;
(e) Assuming to be an attorney or an officer of a
court, and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him.
But nothing in this section shall be so construed as to
prevent the court from issuing process to bring the
respondent into court, or from holding him in custody
pending such proceedings. (3a)
Requirements for indirect contempt:
a. After a charge in writing has been filed, and
b. An opportunity given to the respondent to comment
thereon within such period as may be fixed by the
court and
 c. An opportunity to be heard by himself or counsel
Grounds for contempt:
a. Misbehavior of an officer of a court in the
performance of his official duties or in his official
transactions;
b. Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including the
act of a person who, after being dispossessed or
ejected from any real property by the judgment or
process of any court of competent jurisdiction,
enters or attempts or induces another to enter into
or upon such real property, for the purpose of
executing acts of ownership or possession, or in any
manner disturbs the possession given to the person
adjudged to be entitled thereto;
c. Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
d. Any improper conduct tending, directly or indirectly,
to impede, obstruct, or degrade the administration
of justice;
e. Assuming to be an attorney or an officer of a court,
and acting as such without authority;
f. Failure to obey a subpoena duly served;
g. The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him.
But nothing in this section shall be so construed as to prevent
the court from:
a. issuing process to bring the respondent into court, or
b. holding him in custody pending such proceedings.
(3a)
Section 4.How proceedings commenced. — Proceedings for
indirect contempt may be initiated motupropio by the court
against which the contempt was committed by an order or
any other formal charge requiring the respondent to show
cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall be
commenced by a verified petition with supporting
particulars and certified true copies of documents or papers
involved therein, and upon full compliance with the
requirements for filing initiatory pleadings for civil actions in
the court concerned. If the contempt charges arose out of or
are related to a principal action pending in the court, the
petition for contempt shall allege that fact but said petition
shall be docketed, heard and decided separately, unless the
court in its discretion orders the consolidation of the
contempt charge and the principal action for joint hearing
and decision. (n)
Proceedings for indirect contempt may be initiated
a. motupropio by the court against which the
contempt was committed by an order or
b. any other formal charge requiring the respondent to
show cause why he should not be punished for
contempt.
In all other cases, charges for indirect contempt shall be
commenced by:
a. a verified petition with supporting particulars and
b. certified true copies of documents or papers
involved therein, and
c. upon full compliance with the requirements for filing
initiatory pleadings for civil actions in the court
concerned.
If the contempt charges arose out of or are related to a
principal action pending in the court,
 the petition for contempt shall allege that fact but
said petition shall be docketed, heard and decided
separately,
 unless the court in its discretion orders the
consolidation of the contempt charge and the
principal action for joint hearing and decision. (n)
Section 5.Where charge to be filed. — Where the charge for
indirect contempt has been committed against a Regional
Trial Court or a court of equivalent or higher rank, or against
an officer appointed by it, the charge may be filed with such
court. Where such contempt has been committed against a
lower court, the charge may be filed with the Regional Trial
Court of the place in which the lower court is sitting; but the
proceedings may also be instituted in such lower court
subject to appeal to the Regional Trial Court of such place in
the same manner as provided in section 11 of this Rule. (4a;
Bar Matter No. 803, 21 July 1998)
Section 6.Hearing; release on bail. — If the hearing is not
ordered to be had forthwith, the respondent may be released
from custody upon filing a bond, in an amount fixed by the
court, for his appearance at the hearing of the charge. On the
day set therefor, the court shall proceed to investigate the
charge and consider such comment, testimony or defense as
the respondent may make or offer. (5a)
Section 7.Punishment for indirect contempt. — If the
respondent is adjudged guilty of indirect contempt
committed against a Regional Trial Court or a court of
equivalent or higher rank, he may be punished by a fine not
exceeding thirty thousand pesos or imprisonment not
exceeding six (6) months, or both. If he is adjudged guilty of
contempt committed against a lower court, he may be
punished by a fine not exceeding five thousand pesos or
imprisonment not exceeding one (1) month, or both. If the
contempt consists in the violation of a writ of injunction,
temporary restraining order or status quo order, he may also
be ordered to make complete restitution to the party injured
by such violation of the property involved or such amount as
may be alleged and proved.
The writ of execution, as in ordinary civil actions, shall issue
for the enforcement of a judgment imposing a fine unless the
court otherwise provides. (6a)
Section 8.Imprisonment until order obeyed. — When the
contempt consists in the refusal or omission to do an act
which is yet in the power of the respondent to perform, he
may be imprisoned by order of the court concerned until he
performs it. (7a)
Section 9.Proceeding when party released on bail fails to
answer. — When a respondent released on bail fails to
appear on the day fixed for the hearing, the court may issue
another order of arrest or may order the bond for his
appearance to be forfeited and confiscated, or both; and, if
the bond be proceeded against, the measure of damages
shall be the extent of the loss or injury sustained by the
aggrieved party by reason of the misconduct for which the
contempt charge was prosecuted, with the costs of the
proceedings, and such recovery shall be for the benefit of the
party injured. If there is no aggrieved party, the bond shall be
liable and disposed of as in criminal cases. (8a)
Section 10.Court may release respondent. — The court which
issued the order imprisoning a person for contempt may
discharge him from imprisonment when it appears that public
interest will not be prejudiced by his release. (9a)
Section 11.Review of judgment or final order; bond for stay.
— The judgment or final order of a court in a case of indirect
contempt may be appealed to the proper court as in criminal
cases. But execution of the judgment or final order shall not
be suspended until a bond is filed by the person adjudged in
contempt, in an amount fixed by the court from which the
appeal is taken, conditioned that if the appeal be decided
against him he will abide by and perform the judgment or
final order. (10a)
Section 12.Contempt against quasi-judicial entities. — Unless
otherwise provided by law, this Rule shall apply to contempt
committed against persons, entities, bodies or agencies
exercising quasi-judicial functions, or shall have suppletory
effect to such rules as they may have adopted pursuant to
authority granted to them by law to punish for contempt. The
Regional Trial Court of the place wherein the contempt has
been committed shall have jurisdiction over such charges as
may be filed therefor. (n
RULE OF PROCEDURE FOR SMALL CLAIMS CASES - October 1,
2008
What is the scope - This Rule shall govern the procedure in
actions before the Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit
Trial Courts for payment of money where the value of the
claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs.
Where Applicable? –
(a) purely civil in nature where the claim or relief prayed for
by the plaintiff is solely for payment or reimbursement of
sum of money, and
(b) the civil aspect of criminal actions, either filed before the
institution of the criminal action, or reserved upon the filing
of the criminal action in court, pursuant to Rule 111 of the
Revised Rules Of Criminal Procedure.
These claims or demands may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or
an arbitration award involving a money claim covered by this
Rule pursuant to Sec. 417 of Republic Act 7160, otherwise
known as the Local Government Code of 1991.
How to Commence? Filing of -
 An accomplished and verified Statement of Claim
(Form 1-SCC) in duplicate
 Accompanied by a Certification of Non-forum
Shopping (Form 1-A, SCC)
 Two (2) duly certified photocopies of the actionable
document/s subject of the claim, as well as the
affidavits of witnesses and other evidence to support
the claim.
RE: Evidence not attached is barred.
No evidence shall be allowed during the hearing which was
not attached to or submitted together with the Claim, unless
good cause is shown for the admission of additional evidence.
Only State of Claim, and no other pleading is allowed.
No formal pleading, other than the Statement of Claim
described in this Rule, is necessary to initiate a small claims
action.
Joinder of Claims – must not exceed 100,000
Affidavits - shall state only facts of direct personal knowledge
of the affiants which are admissible in evidence.
If violated – the party and counsel who assisted is subject to
disciplinary action. The inadmissible affidavit(s) or portion(s)
thereof shall be expunged from the record.
Process for indigent:
A claim filed with a motion to sue as indigent (Form 6-SCC)
shall be referred to the Executive Judge for immediate action
in case of multi-sala courts, or to the Presiding Judge of the
court hearing the small claims case.
If the motion is granted by the Executive Judge, the case shall
be raffled off or assigned to the court designated to hear
small claims cases. If the motion is denied, the plaintiff shall
be given five (5) days within which to pay the docket fees,
otherwise, the case shall be dismissed without prejudice. In
no case shall a party, even if declared an indigent, be exempt
from the payment of the P1,000.00 fee for service of
summons and processes in civil cases.
Dismissal of the Claim. — After the court determines that
the case falls under this Rule, it may, from an examination of
the allegations of the Statement of Claim and such evidence
attached thereto, by itself, dismiss the case outright on any of
the grounds apparent from the Claim for the dismissal of a
civil action.
— If no ground for dismissal is found, the court shall
forthwith issue Summons (Form 2-SCC) on the day of receipt
of the Statement of Claim, directing the defendant to submit
a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both
parties, directing them to appear before it on a specific date
and time for hearing, with a warning that no unjustified
postponement shall be allowed, as provided in Section 19 of
this Rule.
Response. —
 The defendant shall file with the court and serve on
the plaintiff a duly accomplished and verified
Response within a non-extendible period of ten (10)
days from receipt of summons.
 The Response shall be accompanied by certified
photocopies of documents, as well as affidavits of
witnesses and other evidence in support thereof.
 No evidence shall be allowed during the hearing
which was not attached to or submitted together
with the Response, unless good cause is shown for
the admission of additional evidence.
If no response,
The court by itself shall render judgment as may be
warranted by the facts alleged in the Statement of Claim
limited to what is prayed for. The court however, may, in its
discretion, reduce the amount of damages for being excessive
or unconscionable.
CounterClaims through response, requisites:
(a) is within the coverage of this Rule, exclusive of interest
and costs;
(b) arises out of the same transaction or event that is the
subject matter of the plaintiff’s claim;
(c) does not require for its adjudication the joinder of third
parties; and
(d) is not the subject of another pending action,
 the claim shall be filed as a counterclaim in the
Response; otherwise, the defendant shall be barred
from suit on the counterclaim.
RE: If not within the same transaction, requisites:
The amount and nature thereof are within the coverage of
this Rule and the prescribed docket and other legal fees are
paid.
Prohibited motions and pleadings – DBNREMCMPDPRTI
(a) Motion to dismiss the complaint except on the ground
of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits,
or any other paper;
(f) Memoranda;
 (g) Petition for certiorari, mandamus, or prohibition against parties and submitted to the court for approval (Form 12-
any interlocutory order issued by the court; SCC).

(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
If JDR fails and the parties agree in writing (Form 10-SCC) that
the hearing of the case shall be presided over by the judge
who conducted the JDR, the hearing shall so proceed in an
informal and expeditious manner and terminated within one
(1) day.
Execution. — If the decision is rendered in favor of the
plaintiff, execution shall issue upon motion (Form 9-SCC).

(l) Interventions.

Appearance of parties –

The parties shall appear at the designated date of hearing

personally or through a representative authorized under a
Special Power of Attorney (Form 5-SCC) to enter into an
amicable settlement, to submit to Judicial Dispute Resolution
(JDR) and to enter into stipulations or admissions of facts and
of documentary exhibits.

Appearance of Attorneys Not Allowed. —

No attorney shall appear in behalf of or represent a party at

the hearing, unless the attorney is the plaintiff or defendant.

If a party cannot properly present his/her claim or defense

and needs assistance, -

the court may, in its discretion, allow another individual who

is not an attorney to assist that party upon the latter’s
consent.

Non-appearance of Parties. —

Dismissal of the claim without prejudice.

Exception: This shall not apply where one of two or more

defendants who are sued under a common cause of action
and have pleaded a common defense appears at the hearing.

BUT failure of both parties to appear shall cause the dismissal

with prejudice of both the claim and counterclaim.

Postponement When Allowed. — A request for

postponement of a hearing may be granted only upon proof
of the physical inability of the party to appear before the
court on the scheduled date and time. A party may avail of
only one (1) postponement.

Judicial Dispute Resolution. — At the hearing, the judge shall

conduct Judicial Dispute Resolution (JDR) through mediation,
conciliation, early neutral evaluation, or any other mode of
JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC)
of the dispute shall be reduced into writing, signed by the