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PROCEDURE 3. Court of Appeals, Sandiganbayan, Court of Tax

Justice Aquino Appeals

FOUR LEVELS OF COURTS IN THE PHILIPPINE JUSTICE Court of Appeals – with 69 justices, headed by a
SYSTEM: presiding justice
- has 23 divisions with 3 members each
1. Municipal Trial Court
a. Metropolitan trial court – courts in Court of Tax Appeals – with 6 justices (1 presiding
Metro Manila justice and 5 associate justices)
b. Municipal Trial Court in Cities – in cities - has 2 divisions with 3 members each
outside Metro Manila o a division is headed by a chairperson
c. Municipal Trial Court – only one court in and has 2 members (senior and
a town junior)
d. Municipal Circuit Trial Court – utmost 3
towns served by 1 MCTC 4. Supreme Court
- highest and only constitutional court
2. Regional Trial Court - created by the Constitution
- 13 RTCs in the Philippines, with 746 branches - all other courts are statutory courts (made by
a. Regular Regional Trial Court – It has law)
jurisdiction on cases not assigned to any - has 1 Chief Justice and 14 associate justices
court - 3 divisions with 5 members each
- court of general jurisdiction
b. Special Regional Trial Court – given Adjudicating – who tries and decides cases
specific cases to try
- example: • Levels 1 &2 – Judge himself
• Family Courts • CA – the divisions (en banc has no adjudicating
• Special Agrarian Courts power)
• Special Environmental Courts • Sandiganbayan – the divisions
• Special Courts on Drug Cases • Court of Tax Appeals
• Special Courts on Heinous 1.) divisions; and
Crimes 2.) Court of Tax Appeals en banc
- CTA en banc can be a reviewing agency
**Municipal Trial Courts and Regional Trial Courts are all • Supreme Court
single-judged courts 1.) divisions; and
2.) Supreme Court en banc

- the en banc cases and the division cases are 2. Concurrent – one type of case is within the
classified by the clerk of court jurisdiction or more levels of court
- SC en banc cannot be a reviewing agency - ex. Mandamus, Prohibition and Certiorari (1 ,
nd rd
- A division may refer its decision to the banc 2 and 3 level courts has jurisdiction)
as long as it is 1.) upon motion of the party, 3. General – only the RTC is a regular court
and 2.) with consent of the division and the - when in doubt, file it with the RTC (this does not
banc. apply when the law specifically provides as to
where to file such case)
1. Actions – always adversarial (there are two 5. Trial
adversary parties) 6. Appellate – power of court to review decisions of
a. Civil Actions lower court
i. Ordinary Civil Actions
- ex. Forcible entry, Accion CONCEPTS OF JURISDICTION
Publiciana 1. Jurisdiction over the subject matter
ii. Special Civil Actions Subject matter Subject
- ex. Expropriation, - class of cases which is - the thing, right,
Partition, Certiorari assigned to a specific status or corporeal
b. Criminal Actions court object being litigated
2. Special Proceedings – usually non-
controversial, or they are intended to - sometimes referred to
establish a right, status or office as nomenclature of a
- ex. Settlement of estate of a deceased case
person, Adoption, Naturalization, Habeas
Corpus - if the term
“jurisdiction” is used
JURISDICTION without any
- authority of a court to try and decide a case qualification, it means
or to grant other legal reliefs jurisdiction over the
- substantive law, not procedural law subject matter
- a case cannot commence unless the court
has jurisdiction over such 2. Jurisdiction over the person of the parties
Parties How Acquired
CLASSIFICATION OF JURISDICTION Plaintiff/Petitioner By filing a case
1. Exclusive – only that court is empowered to try Defendant 1. Service of
and decide that case summons; or
2. Voluntary

surrender - can be applied by an indigent person
Accused 1. Service of warrant - if approved, such person will be exempted
of arrest, or from paying docket fees and other lawful
2. Issuance of fees
commitment - such fees are collectible of the indigent
order by the court person wins the case
(if it is a 3. Accept compromises and amicable settlements
warrantless - an amicable settlement can overturn the
arrest) decision of the court
4. To issue any order on any matter regarding the
3. Jurisdiction over the issues case which does not involve any issue in the
- ex. Reivindicacion: court can decide issue of appeal
ownership, but not on the issue of heirship
4. Jurisdiction over the res Doctrine of primary jurisdiction
- if court has no jurisdiction over the subject - jurisdiction of quasi-judicial agencies on
matter and over the person, the case should matters which fall within their administrative
be dismissed, unless there is jurisdiction over expertise or special knowledge over the
the res then the court can continue the case subject
- ex. Writ of Attachment - the courts must yield jurisdiction to those
Writ Order agencies before it can acquire jurisdiction
- all writs are order - not all orders are writ over the same
- example:
- command of the court to - issuance of court that • DARAB = dispute on land reform
somebody to do something, pertains to the case at bar • NLRC = labor cases
refrain from doing • SEC = corporations
something or to give • CSC = public officials and employees
something • COA = accounting of public funds
• CHED = students against school (LEB if
5. Territorial jurisdiction law school)
6. Jurisdiction over the case - Quasi-judicial agencies:
- acquired only upon submission of the records o Secretary of Justice
o Office of the President (different
RESIDUAL JURISDICTION OF COURT from the “President”- a person, not a
- can be exercised only before transmittal of judicial agency)
the records of the case
1. To grant motion of execution pending appeal
2. Approve indigent appeal

Hierarchy of courts July 25, 2017
- if there are concurrent jurisdiction, seek
relief from the lowest court Real action Personal action
- involves ownership or - all which are not real
Terms used in appellate courts possession of real property, action
**all courts are appellate except the 1 level courts including interest in such
1. Expediente – term used in appellate courts for
“records” - ex. Piece of land, Building,
2. Rollo – term used in Supreme Court for “records” etc.
3. Fallo – term used in Supreme Court for the
desposit part or the conclusion * distinction between real and personal actions is
important in the determination of jurisdiction in the trial
Parts of a decision court

1. Body – where case is discussed Kinds of Jurisdiction
2. Desposit part – conclusion Original Appellate
- action or proceeding is - decision has been
instituted in that court for rendered and elevated to
the first time the higher court for
- when you file a case in the
RTC and it is where the case
started, it is an exercise of
original jurisdiction

1. Exclusive – only
that court has
jurisdiction over
the said case

- ex. RTC has
jurisdiction over
properties that are
incapable of

pecuniary E. Concurrent with RTC, CA and Sandiganbayan
estimation a. Petitions for writ of amparo
b. Petitions for writ of habeas data
2. Concurrent - a F. Appellate jurisdiction
case is within the a. By way of petition for review on
jurisdiction of two certiorari against:
or more levels of i. CA
court ii. Sandiganbayan
iii. RTC on pure question of law
A. Exclusive Original constitutionality or validity of:
a. Petitions for certiorari, prohibition or 1. Treaty
mandamus against: 2. International
i. CA agreement
ii. COMELEC 3. Executive agreement
iii. COA 4. Law
iv. Sandiganbayan 5. Presidential decree
v. CTA 6. Proclamation
B. Concurrent with RTC 7. Order
a. Cases affecting ambassadors, other 8. Instruction
public ministers and consuls 9. Ordinance/regulation
C. Concurrent with CA 10. Tax
a. Petitions for certiorari, prohibition or 11. Impost
mandamus against: 12. Assessment
i. RTC 13. Toll/penalty
ii. Civil Service Commission 14. Jurisdiction of lower
iii. Central Board of Assessment court
Appeals v. CTA en banc
iv. NLRC
v. Other quasi-judicial agencies * If purely question of law, file directly to SC
b. Petitions for Writ of Kalikasan XPN:
D. Concurrent with RTC and CA 1. If decided by the 1 level court, appeal to RTC
a. Petitions for Habeas Corpus 2. When decision of RTC involves question of
b. Petitions for Quo Warranto jurisdiction and such jurisdiction can be seen
c. Petitions for certiorari, prohibition or from the records of the case, file to SC
mandamus against inferior courts and - When question of jurisdiction requires
other bodies reevaluation of the evidence, file to CA

Question of law Question of fact b. Petitions for Writ of Kalikasan
- question pertains to the - any question which C. Concurrent with the SC and RTC
applicable law, the determines whether an a. Petitions for Habeas Corpus
interpretation of the law, or allegation of fact is true or b. Petitions for Quo Warranto
the conclusion based upon not c. Petitions for certiorari, prohibition or
established mandamus against inferior courts and
facts/circumstances - when you are required to other bodies
evaluate the evidence in D. Concurrent with the RTC, SC and Sandiganbayan
- question on the answering a question a. Petition for Writ of Amparo
conclusion derived from the b. Petition for Writ of Habeas Data
established facts E. Appellate Jurisdiction
a. Ordinary appeal from the RTC
- when you are not required b. Petition for review from the RTC
to reevaluate the evidence rendered in the exercise of its appellate
in order to answer a jurisdiction
question c. Petition for review from the decisions,
* Importance of distinction: determines the correct resolutions, orders or awards of the:
appellate court where the decision should be appealed i. Civil Service Commission
ii. Ombudsman
BIR = ordinary taxes iii. Other bodies
Bureau of Customs = taxes coming from out of the country
Customs duties = paid by importers of products (same with Examples of quasi-judicial bodies:
tariff) • Securities and Exchange Commission
• Office of the President
JURISDICTION OF COURT OF APPEALS • Land Registration Authority
• Social Security Commission
A. Exclusive Original • Intellectual Property Office
a. Annulment of judgments of the RTC • Energy Regulatory Commission
B. Concurrent with the SC • Department of Agrarian Reform
a. Petitions for certiorari, prohibition or • GSIS
mandamus against • Employees’ Compensation Commission
i. RTC • Insurance Commission
ii. Civil Service Commission
iii. Central Board of Assessment Writs obtainable by petition
Appeals 1. Writ of certiorari – issued by court whenever a
iv. NLRC court of lower level or quasi-judicial agency acts
v. Other quasi-judicial agencies a.) without jurisdiction, b.) in excess of

jurisdiction, or c.) with grave abuse of discretion exercising corporate acts without being registered
amounting to lack of jurisdiction, and there is no with the SEC
appeal or speedy remedy under the lower courts 6. Writ of Kalikasan – person charged with
• excess of jurisdiction presupposes that there enforcement of environmental laws fails to
is jurisdiction, but goes beyond such perform his public duty, resulting in massive
jurisdiction violation of environmental laws, affecting 2 or
more provinces or cities
2. Writ of prohibition – remedy of aggrieved party 7. Writ of continuing mandamus – sister writ of writ
when a lower court acts without jurisdiction or in of kalikasan
excess of jurisdiction, or grave abuse of discretion 8. Writ of amparo – orders law enforcement
amounting to lack of jurisdiction agencies and military officers and personnel to
produce the body of a missing person who is
Prohibition Certiorari alleged to be illegally being detained by such
- the act is on going (it - the act was already military officer or personnel, or involving
is issued so that lower done involuntary disappearance of persons
court will stop acting

3. Writ of mandamus – issued by a court at the Who are the accused?
instance of aggrieved person when a public • Public officer with salary grade of 27 and
officer, court or private individual fails or neglects higher
to perform a ministerial duty arising from office,
trust or status, or in excluding somebody from the Example of crimes for which accused can be charged:
exercise of that office, trust or status. 1. Anti-Graft and Corrupt
• command by a court to do something 2. Title 7, Book 2 of RPC
• can be applied to private individuals 3. Forfeiture of Illegally Acquired Wealth
• ex. Refusal to send a child to college 4. Code of Conduct and Ethical Standards
4. Writ of habeas corpus – remedy of a person 5. Plunder
detained to compel the detainer to produce his 6. The Heinous Crime Law
person in court and to explain the reason for 7. Violation of The Anti-Money Laundering Law
detention when committed by a public officer
- most important among the writs
5. Quo warranto – remedy of a person who is JURISDICTION OF CTA
excluded from a public office to which he is
appointed, of from an elective office to which he • CTA can try tax cases only when tax is more
has been elected; or writ against an association than P1M

RTC MTC estimation
Tax - if tax being - tax being claimed (exclusive
claimed is more is below 400K/300K jurisdiction)
than 400K (in 3. Admiralty and 3. Below
Metro Manila) or maritime cases 400K/300K
300K (outside where claims
Metro Manila) exceed 400K (in
MM) or 300K
*when RTC (outside MM)
renders decision, 4. Succession – 4. Below
appeal to CTA (not estate has value of 400K/300K
to CA) 400K (in MM) or
Real actions - Assessed value is - assessed value is 300K (outside
more than 50K (in below 50K/20K MM)
MM or 20K 5. Cases not
(outside MM) assigned by law to
Personal 1. Amount 1. Less than any other court
actions involved (money 400K/300K
claim) is more - RTC is the only
than 400K (in MM) court of general
or 300K (outside jurisdiction (court
MM) which takes in all
other cases not
- when the claim is specifically
money clam or assigned to any
damages, other court)
determination of
amount does nor
include interest,
penalties, cost of
litigation, damages
and attorney’s
- only take into
consideration the
principal amount
2. No pecuniary

Aug. 1, 2017 then you file another case for the fruits
claimed by the plaintiff = splitting
RULE 2 – CAUSE OF ACTION - all remedies arising from the same
transaction should be claimed in the same
Cause of action – consists of a right which by the suit
act/omission of another person, such right has been - ex. Action for replevin
violated o action for recovery of personal
- all civil cases should have a cause of action property
- no cause of action = dismissed o counterpart of reivindicacion
- allege in the petition: o there is splitting when you file case
o your right; and to recover, and another case for
o what did the defendant do to violate damages
such right - Effect: judgment of one of the actions is a
Requisites: ground to dismiss the other action (if one
1. Right of the plaintiff action has already been decided)
2. Act/omission of the defendant which violates the o Whichever is still pending will be
plaintiff’s right dismissed
*Damage/injury is not a requisite because there are
civil cases when there is no damage (ex. Declaratory Joinder of causes of action – opposite of splitting
relief = merely asks the court whether a status - it is allowed, depending on the circumstances
belongs to the plaintiff) Requirements:
GR: damage usually results from the violation of 1. All causes of action are within the jurisdiction of
right of the plaintiff the court where it is filed and the venue is in that
XPN: declaratory relief court.
• XPN: RTC can act upon ALL when
Right to possession; when violated? ONE of the causes is under its
• Illegally deprived of possession, etc. jurisdiction. (ONE cause of action is
Right to fruits; when violated? - if the court is a first level court, all causes
• Fruits are stolen must be within its jurisdiction and the venue
• Rentals are not given, etc. is in that court.
2. Special civil action cannot be joined with ordinary
Splitting a single cause of action – dividing of a single civil action
cause of action - example. Partition (special) + Reivindicacion
- not allowed (ordinary)= not allowed
- when you file action for reivindicacion and - Special civil actions:
you only ask for declaration of ownership, • Interpleader

• Declaratory relief RULE 3 – PARTIES TO CIVIL ACTIONS
• Review of decisions of the
Commission on Audit and COMELEC Can a person of unsound mind be a party?
• Certiorari, Prohibition and - Yes, if presented by guardian ad litem
Mandamus (applies to all incapacitated parties)
• Quo warranto
• Expropriation Guardian Guardian ad litem
• Foreclosure of real estate mortgage - appointed by court to take - assigned by the court to
• Partition charge of the affairs of an represent an incapacitated
• Forcible entry and unlawful detainer incapacitated person, or person in court for that
• Contempt of court arising from fraternal or case only
3. If there are 2 or more plaintiffs/defendants/ parental relationship
plaintiffs and defendants, there must be
compliance with the rule on joinder of parties - minor is represented by
- Joinder of parties – when 2 or more plaintiffs the parent (does not need
sue, or when 2 or more defendants are sued authority from the court
o When allowed: only when the cause because he is exercising
of action and the relief prayed for parental authority)
arise from the same transaction or
series of transaction and there is a Kinds of parties
common question of law/fact 1. Natural persons
o Example of arising from the same 2. Artificial persons – with juridical personality
transaction/series of transaction: 3. Entities authorized by law to be parties
Several lessees failed to pay rentals
for 3 consecutive months. There is Corporation sole – the Bishop of a diocese in which
only 1 contract of lease but several temporalities of the Church are situated, is the
lessees = There can be joinder of administrator of such temporalities
parties. But if they have different - not registered but considered as corporation
interests, joinder is not allowed.
Husband and wife
Misjoinder of causes of action - the terms “married to” is only a description
- ex. Joinder of partition (special) and in the torrens title, it does not mean that
reivindicacion (ordinary) there is co-ownership
- Effect: separation - you sue only the first name mentioned
- example: X married to Y

o Sue only X because the terms o The lessee is only a necessary party
“married to” is only for descriptive because the prayer is to claim the
purpose property and to eject the lessee

Parties Joint Solidary
- parties must be a real party in interest Liable only to his share Liable for the payment of
o not contingent, speculative or the entire obligation
inchoate; but present, actual and
direct interest Example
- A and B are joint debtors. Upon maturity, X
Real party in interest filed suit against debtors for nonpayment.
- one entitled to the avails of the suit - Defendant can either be A or B
- a party must be either benefited or - If one is sued, then he is an indispensable
prejudiced by the decision of the court party and the other who is not sued is not a
- if not benefited/prejudiced = not entitled to party in interest
be a party - If the claim is for the whole amount, then
both parties are indispensable
2 Kinds Example
1. Indispensable party- in the absence of which, no - In a surety bond, only the surety is liable, not
final determination can be had in that cause the accused
- not impleaded = case cannot go on
2. Necessary party- who should be impleaded in Misjoinder
order to have a complete determination of a case, - Misjoinder per se is not a ground for
or to grant relief to those already party of the dismissal
case - Court may order plaintiff to implead the
- not impleaded = case can still go on indispensable party. If the plaintiff does not
comply, the court may then order the
Example of indispensable dismissal.
- X is claiming to be the owner of the land of Y,
which is in the possession of Z who is a Immunity doctrine – the State may not be sued without its
lessee. consent
o Can Y, not in possession of the - depends upon the nature of the power
subject property, be not a party to exercised
the case? - if proprietary function = consent is not
o No. He is an indispensable party needed

- party may file a counterclaim without its Indigent parties
consent because it is the government which - Qualifications:
initiated the suit 1. Gross income, together with the
- non payment of just compensation = you can members of the family, does not
sue without its consent because it is a failure exceed twice the minimum wage
to abide by the law 2. Does not own real property with fair
market value of more than 300k
Death of party during pendency of case - not required to pay docket or any other legal
- duty of counsel to file notice to the court, fees
within 30 days from notice of death, the - government has a lien over the awards of the
death and the names and addresses of the case when the indigent party obtains a
legal representatives, or in the absence favorable decision
thereof, the heirs
- duty of court to send notice to
heirs/representatives to appear and be

Public officials who are sued
- in cases of death, resignation or ceased to be
- Effect: if sued for his official capacity and he
ceases to be in office, the successor shall
notify the court, whether he takes the same
position as his predecessor, the case may
continue with the successor as the party
Transfer of interest
- Example. A sues B for reivindicacion
o A sells right over the property to B,
pending litigation. Is it allowed?
o Yes. (Sec. 19, Rule 3)
- court will continue the case with the original
party, without impleading the buyer; or
- it may require plaintiff to implead the buyer
(there is no compulsion to implead the

Aug. 3, 2017 Venue of personal actions
- All other actions may be commenced and tried:
Rule 4 – Venue 1. Where the plaintiff or any of the principal
plaintiffs resides, or
Venue vs. Jurisdiction 2. Where the defendant or any of the principal
Venue Jurisdiction defendants resides, or
- refers only to the place - refers to the authority of 3. In the case of a non-resident defendant
where the action is brought the court to hear the case where he may be found, at the election of
or tried the plaintiff.
- venue is waivable and can - jurisdiction over the
be subject of agreement subject matter cannot be Principal plaintiff and defendant
waived - Principal - highest degree of interest, benefit the
- governed by procedural - governed by substantive most, or be prejudice the most
law – Rule 4 of the Rules of law – Judiciary Law, BP 129 - Example: When a piece of land is under a lease
Court contract and there is an action for reivindicacion
- refers to the relation - refers to the relation of over that piece of land. The one claiming to be
between the parties the parties to the court the owner, files a case against owner and lessee
because lessee is in possession.
limits plaintiff’s rights - limits the court’s authority
- Owner is the principal defendant he is the most

Is venue a ground to dismiss?
- When there are two defendants, you must
determine between the 2 or 3 or 4 who is a

principal defendant
Venue of real actions
- In co-ownership, everyone is a principal
- Real actions are those affecting title to or
possession of real property, or interest therein This matter of choosing where the action should be filed
- shall be commenced and tried in the proper court pertains to an action where there are two kinds—1
which has jurisdiction over the area wherein the principal and 1 secondary. But if they are all of the same
real property involved, or a portion thereof, is category, then you can file in any place.
situated. - Example: there are 10 principal plaintiffs, you
- Forcible entry and detainer actions shall be have 10 options.
commenced and tried in the municipal trial court
of the municipality or city wherein the real General Rule: action to annul/rescission of
property involved, or a portion thereof, is contract/specific performance are all PERSONAL actions
situated XPN: When the ultimate objective of the plaintiff
- Example of real property: Land is to recover ownership or possession, and
annulment, rescission or specific performance are

only incidental matters, then you should treat
that as a REAL action - If possession is on the hands of the defendant,
naturally he would want to get the property of
On the other hand, if the principal objective is just the defendant and therefore that is a REAL action.
to annul the deed of sale, then you treat that is a
personal action. If action depends upon level of court, is it venue or
- Example: when the subject of the action happens - Jurisdiction
to be a real property, there is a problem because
when there is a real property our first reaction is Example: Property in question is in Alabang, Muntinlupa
to make it a real action. But the nature of the and the action is on ownership and there are several level
action is annulment of a deed of sale. of courts in Muntinlupa. In the case of venue, where can
you file the action?
When can that happen? - Depends on the assessed value
- If the plaintiff is in possession of the property but
the title of the property is in the name of the In what court should you file the case?
defendant and therefore the plaintiff files a case - In the court where the land is located. In Alabang,
for annulment of title. How is the nature of the Muntinlupa in that case.
2 or more courts in the same level in the same city or
o The ultimate objective is not to recover
province, there are divisions in jurisdiction. Branch 1
ownership but to annul the title where it
focuses on this, branch 2 in another. Then you file it in a
was wrongfully issued. That is because
court in the area where the land is located.
the plaintiff is in possession. If the
When you have a case involving ejectment (forcible
possession of the property is in the
entry) and you file it in property situated in alabang but
hands of the defendant, you cannot
you file it in MTC of Manila, should that be dismissed?
separate the issue of title in possession.
- Case not dismissed
When you ask for annulment because
- In the case of venue, it is not an automatic ground
property is in possession of the
for dismissal, it can be dismissed only upon
defendant, then the ultimate objective is
motion of the party.
not just to annul the document but also
- Court cannot moto propio dismiss the case. It’s a
to get the property from the defendant.
matter of VENUE and NOT jurisdiction.

- When the court has no jurisdiction, the court can
moto propio dismiss the case, while in improper
- If the plaintiff is in POSSESSION of the property
venue, there should be a motion from the
and he files an annulment of title of the deed of
interested part.
sale then it is very obvious that all he is interested
- Therefore when we speak of venue we refer to a
in is to simply annul the title. (PERONAL ACTION)
specific court where an action should be filed

- When we speak of jurisdiction, it is the specific When do you file an action when the defendant is a non-
LEVEL of court resident of the Philippines?
- Reivindicacion in a property in Alabang and is - The law says where the plaintiff resides - action
filed in Coron, can court dismissed moto propio which affects the personal status of defendants,
dismiss? No if filed both in RTC. where the property of the defendant located here
in the Philippines
When rule on venue is not applicable:
1. Cases where a specific rule or law provides What is a non-resident?
otherwise; or - A foreigner is temporary residing in Cebu and a
2. Where the parties have validly agreed in question of the case is filed against him, can the
writing before the filing of the action on the action be filed in Cebu while the plaintiffs
exclusive venue thereof. residence is Manila?
- Residence in remedial law
Requisites of stipulated venue:
a) Parties agreed in writing Can a foreigner be a resident in the Philippines?
b) BEFORE the filing of the action - Yes
c) On the EXCLUSIVE venue thereof
Can a Filipino citizen be a non-resident?
The property is in Muntinlupa but it is stipulated that - YES. A Filipino can be a citizen residing in America
should there be any action that arises, it should be filed (immigrant)
in Manila. When there is a breach in contract and it is - A non-resident is anyone who resides more or
filed in Muntinlupa, should that be ground dismiss for less in a non-permanent way
improper venue?
- NO. Wording of the agreement is not exclusive. Non- resident: Involving status will be filed in the
residence of a plaintiff
Can the defendant file a motion for damages for breach Action involving status
of contract in MUNTINLUPA? Is there improper venue? - Status of PLAINTIFF
- In the stipulation there is no exclusivity term, - Example: in cases of marriage status, it should be
therefore the stipulated venue is just one of the filed in the place where the plaintiff resides.
possible venue.
- But if the agreement is exclusively in Manila, then Action in personam
any action filed outside that stipulated venue - different from PERSONAL action
would be improper. You need EXCLUSIVITY term. - an action where a right is asserted and a claim of
personal liability is filed against the defendant.
Other exception: Expressly provided by our statute - So all actions where the plaintiff asks for a relief
- Example: Libel cases stated that it should be filed in the nature of a position of liability in the part of
in the RTC the defendant is a personal action and an action

in personam, the decision is binding only between o Where a personal liability is imposed it is
the parties. wrong because the action is quasi in rem.
o It only effects the subject and since it
Action in rem does not effect the defendant, there is
- action whose decision is binding upon the whole therefore no liability or relief imposing
world. such liability.
- Example: land registration proceedings where a
title is issued by virtue of a decision in the land Example: Quasi in rem to real propertyà A non-resident
registration case, that decision binds the whole acquired property and the property is subject to Real
world. estate mortgage which is annotated in the back of the
- If the action is quasi in rem and defendant is not title. But the plaintiff already paid the loans secured in the
found in the Philippines, action can continue as mortgage. Plaintiff doesn’t know whereabouts of
long as court does not acquire jurisdiction over defendantà Files action for quieting of title stating that
the res. the annotated mortgage stating that such title constitutes
- If the res is the status of the plaintiff and the a ground, which should be reviewed. Remedy of plaintiff
plaintiff is present, then that case can continue is to ask court for writ of attachment so that property
even if the defendant is absent. But court cannot covered by title will be tried to the court in the nature of
make a ruling of the personal liability. custodia legisà Under custody of court so court can
- decision is only between the parties BUT it is continue hearing as it is in their custody. Finds evidence
called quasi in rem because the point of disputes that law is paid, court can require encumbrance to be
or controversy is not the defendant or his removed. That is quasi in rem in so far as properties is
personal liability but on the RES concerned.
Quasi-in-rem can pertain to status and property.
Res - Most important element: Res is under
- the subject of suit jurisdiction of the court.
- can be a thing, a status, an interest, whatever is
being contested in an action In actions involving status, a wife files an action for
- Example: When you are an illegitimate child and annulment of marriage. The court grants the relief prayed
the father refuses to recognize you as illegitimate for by the plaintiff and therefore declares the marriage
child, you file an action to recognize you, then between the spouses as non-existent or void abinitio.
that is quasi in rem. - That decision is not recognized only in the
o As long as you can prove the Philippines, it is required throughout the world.
relationship, the court can compel the Wherever the person may go outside the
father to recognize you as his illegitimate Philippines, she will always carry the status of a
child BUT court cannot impose any kind single person.
of liability. - Decision declaring marriage as void is recognized
through the world.

RULE 6 – KINDS OF PLEADINGS • Statute of frauds
• Estoppel
Pleadings • Former recovery
- written statements of the respective claims and • Discharge in
defenses of the parties submitted to the court for bankruptcy
appropriate judgment • Other matter by
- a motion is NOT a pleading way of confession
and avoidance
Types of pleadings
1. Complaint Title is void, there is a deed of sale but you didn’t sign it.
2. Answer What will you set up as a defense?
3. Counterclaim - Prescription perhaps affirmative defense
4. Cross-claim
5. Reply Counterclaim
6. Third (fourth, etc.)-Party complaint - any claim which a defending party may have
7. Complaint in intervention against an opposing party

*Are all those filed in court considered pleadings?

- should contain the defenses of the defending

Negative vs. Affirmative defense
Negative defense Affirmative defense
- denial (can be direct - defendant may admit the
denial or partial denial) material allegation but he
will plead a new matter
which will prevent a
Example. Defendant has Example:
property in Tarlac • Fraud
consisting of house and lot. • Statute of
Defendant thereby asserts limitations
that he has no sufficient • Release
knowledge so he is not • Payment
entirely denying. • Illegality

RULE 7 – PARTS OF A PLEADING o 1 City has 3 MTCs. The lawyer is friend of
Judge A. Case is raffled but it falls to
1.Caption Judge B. Lawyer files motion for
• Name of court inhibition until it goes to Judge A.
• Title of action o If you file in 1 court, you lose the case,
• Docket number (if assigned) you change the facts to constitute
2. Body another cause of action then you file the
• Paragraphs case again.
• Headings - Effect: lawyer can be held in contempt of court
• Relief – part of the complaint which asks the and case will be dismissed
court to award
• Date Verification
3. Signature and address - certification that all pleadings are true and
4. Verification correct based on personal knowledge
5. Certification against forum shopping
Significance of oath
Signature of counsel - truth based on personal knowledge
- certifies that: - when you take the oath, you do so before God.
• he has read the pleading

• to the best of his knowledge, information and
belief, there is a good ground to support it;

• it is not interposed for delay

Unsigned pleading

- produces no legal effect

- as if no pleading has been filed

Evidence and relief

- if relief prayed for is not compatible with the

evidence, the latter will prevail


- “forum” means the body that can grant relief

- a party shops for a place where he can get a

better result
- Example:

RULE 8 – MANNER OF MAKING ALLEGATIONS IN - In order for a case to be filed, both or all of the
PLEADINGS parties must be muslims
- In marriages in muslim culture, it is between the
How a pleading should be worded families, not just the husband and wife
- must state only ultimate facts
o ultimate facts are those essential to Actionable document
one’s cause of action or defense - a document which a cause of action is based
o test to determine: if taken out of the - 2 options:
complaint and the cause of action still 1. Alleged or the substance set forth in the
stands, then it is NOT ultimate fact pleading (attached)
2. Quoted or copy the entire document in
Not supposed to be included in the complaint the pleading
1. Evidentiary matters; and
2. Conclusion of facts/law What is the effect if denial is not under oath?
- the due execution is deemed waived
Evidentiary matters o but it is vulnerable to be question on
- matters which should not appear in the complaint authenticity
- evidences; should be presented ON TRIAL o authenticity = genuineness

Alternative causes of action Due execution
- sets forth 2 or more statements of claim or - voluntarily signed by the parties
defense alternatively and hypothetically - correct signature
- 2 or more causes of action – ultimately only 1 is - document is what it purports to be
correct, other is inappropriate but you are not
sure if to use one or another Special denial
- instead of denying general denials, defendant
Shari’ah Courts denies the statement in the complaint by stating
- part of the court system of the Philippines the facts and the reason/s in which denial is
- Decisions are reviewable by the SC based
- Muslim Code of the Philippines: explains - Example: Plaintiff married to X make a specific
jurisdiction denial. “Paragraph 4 is incorrect because plaintiff
o Civil cases on matters of succession and is married to Y” Allegation: X married Y on Feb 1,
on marriage 2014 in Cebu City solemnized by Judge M
o Criminal cases only on minor offenses
- Unlike the others, it is concurrent Specific denial: Negative Pregnant – deny everything but
o Party can choose to file on shari’ah or only the qualification
other civil courts

§ must specify those that you admit and Aug. 10, 2017
those untrue
§ 3 types of specific denials RULE 9 – EFFECT OF FAILURE TO PLEAD
a. completely denies all
b. denies only some Effect of failure to plead
c. no sufficient knowledge to the - Rule 9, Sec 1: Omnibus Motion Rule
averments 3. VERY IMPORTANT!!
- GR: if defendant fails to raise negative/affirmative
defenses, it shall be deemed waived
- XPN: (remain as contestable issues that can be
raised at anytime even if they are not raised in
the answer)
1. Lack of jurisdiction over the subject
2. Litis pendentia – another similar action is
pending in court and it is determinable in
the face
3. Res adjudicate – barred by prior
judgment; decision must be final
4. Statute of limitations – if prescription is
clear on the face of the complaint

o Court can motu proprio dismiss the case for these
grounds (no need for a motion)
§ Opposite of motu proprio is “on motion”
o Everything not pleaded cannot be subject of
o Answer must raise all available defenses at the
time it is filed, those not raised are deemed
o When complaint is filed, the clerk of court will
prepare summons (command by court to
defendant to answer the complain within 15 days
from receipt thereof)
§ Sheriff will then bring summons AND
copy of complaint, and serves it upon the

§ Upon receipt, 15 days to file answer 1. His failure to answer was due to fault,
begins to run. accident, mistake or excusable negligence;
How should default be initiated? 2. That he has a meritorious defense
- always through a motion § Called “Affidavit of Merit”
- the motion should be filed in court AND a copy § VERY IMPORTANT!!
must be served to the defendant
o Before issuance of order, court may allow an answer
How could you prove receipt of summons by defendant? to be filed. (It shows that court is always liberal)
- through the “return of service” of the sheriff o The policy of the law is to disdain technicalities as
against the necessity of full trial and presentation of
Necessity of hearing evidence
- there should always be a hearing upon filing of
the motion Remedies of defendant in default
1. Motion to set aside
Hearing 2. Motion for new trial
3. Appeal
4. Relief from judgment under Rule 28 – if judgment
Order of default has reached finality
5. Petition for certiorari
6. Petition to declare the decision as void
Right of defaulted party to appeal
- a defaulted party may appeal because appeal is
Defendant is given a relief (must not exceed the amount, already not a trial
or be different in kind from that prayed for, nor award 4. party is prohibited to participate only on
unliquidated damages) trial
- he can attack the order of default, the jurisdiction
Effect of issuance of default order of the court, or that service of summons are
- party can appear in court but cannot participate improper
- primary remedy of the defaulted party is motion
to set aside Partial default
- when there are 2 or more defendants but only
Motion to set aside one or some of them made an answer, then one
- it must state the following: or some who did not answer will be declared in
- there must be a common cause of action

Defendants are A, B and C but there are 3 causes of RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS
action. A and B filed answers and C was declared in
default. What should be the nature of the decision of Kinds of amendment
court insofar as C is concerned? 1. Amendment as a matter of right
- Decision can only affect A and B because cause of - when no responsive pleading has been
actions are different served and amendment is for the first time
- There must be a common cause of action in order - if you ask for the second time, then leave
for C to benefit the decision of court is required
- if first time, formal or substantial
Cases where default is not allowed amendment may be filed
• Annulment of marriage 2. Amendment as a matter of judicial discretion
• Declaration of nullity of marriage - With leave of court
• Legal separation - When amendment is substantial and the
adverse party has already filed his
responsive pleading

Formal amendment
• Defect in the designation of parties, or
• Clearly clerical or typographical errors

GR: only pleadings falling under the jurisdiction of the
court can be amended; otherwise the court should dismiss
the case
- when amendment is a matter of right,
motion is not required anymore; what is
required only is to file notice of

Example of conforming to the evidence
- The payment was not raised as the defense but
defendant still attempts to prove payment and the
plaintiff failed to object such allegation for

Supplemental pleading Aug. 15, 2017
- new causes of action must arise after first
complaint has been filed and causes of action RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS
must be related
- Example: In case of debt payable by installment. MEMORIZE!!
1 installment has already matured and a case
against it was filed. After filing, the 2 installment Answer 15 days
also matured. Then a supplemental pleading may Answer of private foreign corporation
be filed as to the supervening maturity of the 2 a. With designated Philippine 15 days
installment. representative
b. No designated Philippine 30 days
Amendment vs. Supplemental Pleading representative
Amended pleading Supplemental pleading Answer to an amended complaint
-contains transactions, -contains supervening a. As a matter of right 15 days
occurrences or events events b. As a matter of judicial discretion 10 days
which already happened at Answer to counterclaim or cross-claim 10 days
the time original pleading Answer to third (fourth, etc.) party 15 days
was filed complaint
-supersedes the original -does not supersede the Reply 10 days
pleading original pleading Answer to supplemental complaint 10 days
Effect: there will be 2
pleadings that stand side by
-can be a matter of right or -always a matter of judicial
of judicial discretion discretion

RULE 12 – BILL OF PARTICULARS Regular bill of particulars
- certain allegations which are not specified insofar as
Bill of particular in kind or number
- availed usually before an answer is filed - example: pieces of jewelry are sold. What kind? Ask
- leave of court is required when filed after an answer court to specify the number, kind, etc.
- although it is a matter of right, it is discretionary on
the part of the court whether or not to grant it
- court may refuse to grant when what is alleged to
be ambiguous is in the mind of the court, not
ambiguous; or when the court thinks otherwise
- running of period to file answer is suspended
o it will run again from the time the
defendant receives the order of the court
- form:
a. amending the complaint; or
b. separate pleading and call it “bill of
particulars” (it becomes part of the
- options of the court:
a. grant motu proprio the motion
b. deny motu proprio the motion
c. hearing
- effect if plaintiff fails/refuses to file bill of
particulars despite order of the court:
o court may order such allegation to be stricken
off, or order dismissal of the complaint

- consists of 2 parts
a. More definite statement; or
b. Regular bill of particulars

More definite statement
- the terms are equivocal or not clear
- Remedy: Bill of particulars for a more definite

RULE 13 – FILING AND SERVICE OF PLEADINGS - clerk of post office will send notice (that there is a
complaint for him in the post office) to the
Filing addressee, or deliver it to the residence or office
- act where pleading, motions and notices are - if within 5 days from notice, the mail is not
submitted to the court claimed by the addressee, post master will
- process where a paper is filed in court indicate that 5 days has already lapsed, and it will
amount to receipt (even if you don’t actually
Modes of filing receive it)
1. Personally; or - a return card (VERY IMPORTANT) will then be
2. By registered mail given to the court and to the other party
o 15 day period start on the date stamped
Personally on such card
- file to the clerk of court and the clerk must file it - filing can be done by ordinary mail (but not
in your presence advisable)
o in multi-sala courts, there is a clerk of o after the expiration of 5 day period, the
court and branch clerk of courts mail matter is deemed received
o it should be filed directly to the clerk of - filing is also allowed through commercial carrier
court, not directly to the branch clerk of o here, the date of filing is the date of
court receipt of the clerk of court
- once complaint is filed, clerk will stamp on the § not by the date of the receipt of
original copy about the receipt the carrier
o the date of filing is what appears on the - a copy of all documents filed in court must be
stamp served to the adverse party
o XPN: Answer
By registered mail
- clerk will go to the post office and mails copies to When filing is completed
the clerk of the court where you want to file the - from receipt by the court of the notarial file
case o If personal service – from moment the
- clerk of the post office will stamp on the envelope clerk of court receives it
the date when you posted o By registered mail – filing is the date of
- clerk will record in his book the following: posting of pleading in the post office
o matter o By ordinary mail/commercial carrier –
o name of addressee and addresses; and from date the court actually receives
o name of sender
- a receipt will then be issued Service
- giving of what you file in court, to the adverse

- a defaulted defendant is entitled to receive a Notice of lis pendens
copy of the pleadings, etc. - pendency of a case
- even if the court is the one sending to the parties, - other term for “litis pendentia”
word “service” is used - when the subject of litigation is ownership or
- priority mode of service is personal service possession of real property, one party my ask the
o if it cannot be resorted to for justifiable court by means of motion of lis pendens to issue
reason, the one making service through an order directing the registry of deeds to
other modes must state the reason why annotate that the case is pending regarding that
personal service cannot be resorted to property
o purpose of giving priority to personal o the buyer MAY raise that he bough the
service: to avoid bad practice of mailing land in good faith if it is NOT annotated
to prolong the period in the certificate of title
o it must be annotated so that the buyer is
How effected bound to the encumbrance
• If by personal service - one of the grounds to dismiss is lis pendens
o deliver paper in person o Rule 16 is different from Rule 13
o completed upon receipt of the adverse o In Rule 16, it is the ground to dismiss
party o In Rule 13, it is a mode to enforce
o proof of receipt is your own copy which encumbrance
is signed by the adverse party with the
date he receives it
• By mail/commercial carrier
o Deemed served on the date the paper
was received by the post office (the date
of posting completes the service)
• Substituted service
o May be resorted to when defendant is
unknown defendant, or his whereabouts
are unknown, or when personal service
cannot be effected
o Act of delivering the paper in the
residence of the adverse party and
leaving it to a person of suitable age and
discretion living therein; or by going to
the office of defendant and leaving a
copy thereof to a clerk in charge of the

RULE 14 – SUMMONS he may be declared in default and render decision
against him
Ways by which court acquires jurisdiction over the o court can shorten/lengthen the period
person (in the discretion of the court provided
1. Submission to the court – when plaintiff files in there is a good reason)
court (jurisdiction over the person of the plaintiff) § discretion means sound
2. Valid service of summons (jurisdiction over the discretion, or exercise of
person of the defendant) options with good reason
3. Voluntary submission (jurisdiction over the § if there is no good reason to
person of the defendant) support it, there will be grave
o Defendant, without waiting for abuse of discretion
summons, appears in court; or
o by filing anything in court asking for any To whom can summons be served
kind of relief - can be served on a spouse, which binds the other
§ XPN: when the relief is dismissal spouse
of the case on the ground of - if a corporation, upon any of the following:
lack of jurisdiction over the a. President
person b. General manager
o Effect if no jurisdiction – complaint is c. Corporate treasurer
dismissible (upon motion) precisely on d. In-house counsel
that ground - If inmate, it must be served to the warden and
§ The only ground that allows the the warden serves it to the inmate
court to motu proprio dismiss o Jail vs. Prison
the case is “lack of jurisdiction § Jail – place where detention
over the subject matter” prisoners are temporarily
o lack of jurisdiction over the person of placed and convicts who are
defendant is a waivable ground; while sentence to prision correccional
lack of jurisdiction over the subject or lower
matter is non-waivable § Prison – the moment they are
corrected, and sentenced to
Summon prision correccional and higher
- to demand the presence of
Modes of service of summons
Summons 1. Personal
- plural: summonses 2. Substituted service of summon
- there is an instruction given by the court that 3. Publication
within 15 days, he must file an answer; otherwise 4. Extraterritorial service of summon

1. Personal service - Every paper after such publication, must also be
- Sheriff goes to the defendant in person and gives published
copy of summons to him
- Defendant must sign the duplicate with the date 4. Extraterritorial service of summon
it was received - applicable only in actions in rem or actions quasi-
- If he refuses to receive or sign, sheriff tenders the in rem
summon o Characteristics of actions quasi-in rem:
o It will then amount to valid service of § Decisions are binding only
summon between the parties; and
§ There can be no personal
2. Substituted service of summon liability that can be granted
- Resorted to when sheriff has exerted efforts in o Example of quasi-in rem: Alien not
locating and serving the summons, but he failed found in the PH left a property in the PH.
without his fault A party asserts that he is the owner
- Sheriff doesn’t need the approval of the court to because it was sold to him, but failed to
serve this kind of summons register the sale. Plaintiff should ask for
- He goes to the residence of the defendant attachment of such property so it will
o If defendant is not there, leave it to become in custodia legis
person of suitable age and discretion - does not apply to actions in personam
living therein (may leave with the - applied when:
“kasambahay” as long as in suitable age a. not a resident and not found in the
and discretion) Philippines
- Receiver should sign the summon (but it is not b. Action pertains to status of plaintiff; or
important) property in the Philippines over which
- What is important is the sheriff’s return of service the defendant has interest; and
(the narration of the service proceeding) c. Property in the Philippines has been
- Sheriff may go to the office and leave it to the attached
clerk in charge of the office - Modes of service
a. Personal
3. Publication b. Publication, with leave of court, in a
- When defendant is unknown or his whereabouts newspaper of general circulation in such
are not know, or if temporarily outside of the places and for such time as the court
Philippines may order, and service by registered
- Must be with leave of court mail to the last known address of
- Published in the newspaper of general circulation defendant
of the place where he is supposed to be c. In any manner that the court may deem
as proper

• Example: Letters rogatory RULE 15 – MOTIONS
- What is excluded is substituted service
- If the defendant is resident of the Philippines but Motion
temporarily outside of the country, - Application for any relief which is not a pleading
extraterritorial service may also be used - There are 2 ways relief can be obtained
- Summons, if served, brings the defendant in the a. Pleading
jurisdiction of the court b. Motion
- Non-pleading application for relief in court is
through a motion

1. Ex parte motion
2. Litigated motion
3. Oral motion
4. Written motion

Oral motion
- made during trial

Ex parte motion
- one over which court can act upon even without
notice to the adverse party
- Example: (Not contestable motions)
o Motion for extension to file answer
o Motion to resolve a motion
o Motion for judgment
- Time limit for court to file motion: within 30 days
from filing
has time limit
o All others do not proved for time limit,
only “within a reasonable time”
o When motion for reconsideration is not
acted upon, upon expiration of period,
the order remains valid; however the
judge is administratively liable

Litigated motion 3. Omnibus motion rule
- Most common kind o When a party assails an
- Governed by the 3 motion rule (VERY order, judgment, motion or
IMPORTANT!!) any kind of pleading, he
1. It must be in writing, filed in court must state therein all the
and should contain the following: available objections or
a. Relief being sought from oppositions to defeat the
the court ground in the motion;
b. Ground for such relief; and those not stated are
c. Affidavit (in some cases deemed waived
only) o Grounds must be those
2. Must contain a notice of hearing, present at the time of the
there should be proof of service of filing of motion
the motion to the adverse party and o XPN to the waiver rule:
there must be a hearing a. Lack of jurisdiction
o Addressed to all parties and NOT to over the subject matter
the clerk of court b. Litis pendentia
o Date and time of hearing must not c. Res judicata
be beyond 10 days from filing d. Statutes of limitations
o Motion must be served first before
filing in court *Rule on motion days (Friday) is already disregarded
o Service of motion must be done in
a way that the adverse party will
receive it at least 3 days before the
hearing, otherwise the sender will
be held in contempt of court and
the case will be reset
o Hearing vs. Trial
§ Trial – there is always
aducement of evidence
§ Hearing – either or both
aducement of evidence or
presentation of argument;
bigger term that covers trial,
but trial does not cover

RULE 16 – MOTION TO DISMISS c. Certiorari (in proper cases)
- If there is no jurisdiction over the person but the
When to file case was still tried, such ground is waived if there
- Before filing of responsive pleading is no objection from the defendant; therefore
o 15 days from receipt of summons to file decision is considered valid
an answer (motion to dismiss is filed - Waivable and refileable
within this period)
o after filing of answer, motion to dismiss Lack of jurisdiction over the subject matter
may still be filed but only on the grounds - Can be acted upon motu proprio
under the “XPN to the waiver rule” - One of those exempted from omnibus motion
rule (always a ground for dismissal)
Grounds: - Refileable but not waivable
1. Lack of jurisdiction over the person of the - Remedy:
defendant a. File an answer
2. Lack of jurisdiction over the subject matter § If granted, plaintiff has the
3. Venue is improperly laid following remedies:
4. Lack of capacity to sue 1. Motion for
5. Litis pendentia reconsideration
6. Res judicata 2. Appeal
7. No cause of action 3. Certiorari (on certain
8. Extinguishment of obligation cases)
9. Statute of frauds - Basis for determination of this ground:
10. Condition precedent for filing the claim has not o From the allegations of the complaint
been complied with § Court will not look at any other
record; only at the
Lack of jurisdiction over the person of the defendant complaint/allegations
- “appearance” means filing something asking for o Annexes
relief; not necessarily physical appearance § if there are actionable
- if the ground is lack of summon, you do not need documents, it becomes part of
to prove it because it is in the records the complaint and must also be
o but if the ground is invalid summon, it examined; or
must be proven § when the allegations state that
- case may be refilled (observing the same process annexes should form part of the
of filing) complaint
- Remedy of defendant: § if they are for mere evidenciary
a. Refile purposes, they are not part of
b. Motion for reconsideration

the complaint and should not - test to determine which case should be
be examined dismissed:
o Footnotes 1. Priority test – newer case should be
§ Form part of the complaint dismissed
o Law enforced at the time of filing 2. Anticipatory test
3. More appropriate action test – which would
Venue yield a more complete and satisfactory
- Refileable and waivable resolution of the dispute; less complete will
be dismissed
Lack of legal capacity
- Refers to: Res Judicata
o minority of party - Litis pendentia vs. res judicata
o unsoundness of mind o In litis pendentia, both cases are pending
o incompetence; and o In res judicata, one case has already
o lack of juridical personality (ex. decided with finality
Unregistered corporation) - 2 kinds:
- minors, unsound mind and incompetent can be 1. Conclusiveness of judgment
parties provided they have guardians/guardian ad 2. Barred by prior judgment
litem § Ground to dismiss
o Guardian ad litem - one appointed by § Contemplates 2 actions – 1 already
court by virtue of action for decided with finality
guardianship) § Case decided must have the following
o Guardian – natural guardians of minor attributes:
child (parents or grandparents) a. Court has jurisdiction over
- if they appear without guardian, proceedings and the subject matter and
decisions are void person of defendant
- if suing party is a minor, those interested in b. Decision must be on the
protecting the child should ask for guardian merits (on the basis of
evidence, not on
Litis pendentia technicality
- contemplates 2 actions, both pending c. Decision must be final and
- there is identity of parties or representing same executor
interest, identity of subject matter, identity of d. There should be identity of
relief prayed for parties, etc.
- option of court: dismiss one of the actions
- test to determine ground: if one of the 2 actions Grounds that are not waivable:
has already been decided with finality 1. Lack of jurisdiction over the subject matter

2. Statutes of limitation
3. Res judicata
4. Extinguishment of obligation