Beruflich Dokumente
Kultur Dokumente
RULE 1
Sec. 2. In what courts applicable. — These Rules shall apply in all the
courts, except as otherwise provided by the Supreme Court.
(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.
Civil action – one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong
Criminal action – one by which the State prosecutes a person for an act or
omission punishable by law.
Sec. 4. In what cases not applicable. — These Rules shall not apply to
election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or in a
suppletory character and whenever practicable and convenient.
1. election cases
2. land registration
3. cadastral
4. naturalization and
5. insolvency proceedings, and
6. other cases not herein provided for
Real action – the subject matter of the action is real property (e.g.
foreclosure of real mortgage)
Personal action – the subject matter of the action is personal property (e.g.
foreclosure of chattel mortgage)
Rule 2
Section 1. Ordinary civil actions, basis of. — Every ordinary civil action
must be based on a cause of action.
Sec. 3. One suit for a single cause of action. — A party may not
institute more than one suit for a single cause of action.
A plaintiff can not split a single cause of action, but he may join several
causes of action against the same defendant, subject to the following rules:
3. where the causes of action are between the same parties but pertain
to different venues or jurisdictions, the joinder may be allowed in the
RTC provided
a. one of the causes of action falls within the jurisdiction of the RTC
court and
4. where the claims in all the causes of action are principally for recovery
of money, the aggregate amount claimed shall be the test of jurisdiction.
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.
Sec. 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.
The non-joinder of a party which does not cause dismissal refers to necessary
parties. Non-joinder of an indispensable party is a ground to dismiss the action.
Sec. 12. Class suit. — When the subject matter of the controversy is one
of common or general interest to many 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 intervene to protect his individual interest.
In the answer of such defendant, the names and addresses of the persons
composing said entity must all be revealed.
Exceptions:
1. civil case where the plaintiff’s cause of action is pleaded in the same
complaint with another cause of action subject to the ordinary procedure
2. criminal case where the offense charged is necessarily related to another
criminal case subject to the ordinary procedure.
Upon filing of the initiatory pleading, the court shall declare whether the
case is governed by the rule on summary procedure.
Civil Cases
1. complaint is filed
2. court declares it falls under summary procedure
3. may dismiss the case motu proprio; if not, issue summons
4. defendant files his answer within 10 days (defenses and claims not
pleaded are waived, except lack of jurisdiction over subject matter)
5. answer to counterclaims or cross-claims within 10 days from service of
the answer
6. preliminary conference not later than 30 days after the last answer is
filed; absence of
a. plaintiff – cause for the dismissal of his complaint; defendant
entitled to judgment on his counterclaim as if plaintiff did not file
an answer to the counterclaim; all cross-claims dismissed
b. sole defendant – plaintiff shall be entitled to judgment as if
defendant did not file an answer
7. 1 or some of many defendants sued under a common cause of action
who had pleaded a common defense – no adverse effect on the defense
1. the court issues record of preliminary conference, within 5 days
after the termination of the preliminary conference, covering
1. terms of any amicable settlement
2. stipulations or admissions entered into by the parties
3. 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 30 days from
issuance of the order
4. material facts which remain controverted
5. matters intended to expedite the disposition of the case.
2. parties shall submit the affidavits of their witnesses and other
evidence on the factual issues defined in the order, together with
their position papers, within 10 days issuance of record of
preliminary conference
3. within 30 days after receipt of the last affidavits and position
papers, or the expiration of the period for filing the same, the court
either
1. renders judgment
2. requires clarification of certain material facts, within 10
days from receipt of said order; then render judgment
within 15 days from receipt of the last clarificatory affidavits,
or the expiration of the period for filing the same
A. Pleadings allowed
1. complaint
2. compulsory counterclaims
3. cross-claims in the answer
4. answer
Note: permissive counterclaims and 3rd party complaints are not allowed.
Sec. 5. Answer. - 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 for 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 filed and served
within ten (10) days from service of the answer in which they are pleaded.
Note that when the defendant fails to answer in summary procedure, the court
may motu propio rule for the plaintiff. In ordinary civil actions, the court can do
so only upon motion by the plaintiff to declare the defendant in default and after
plaintiff supports his claim with evidence.
1. the plaintiff – cause for the dismissal of his complaint; defendant who
appears entitled to judgment on his counterclaim as may be warranted
by the facts alleged. All cross-claims shall be dismissed.
2. the sole defendant –plaintiff entitled to judgment as may be warranted by
the facts alleged in his complaint
3. one of many defendants sued under a common cause of action who had
pleaded a common defense – case continues
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:
Sec. 10. Rendition of judgment. - Within thirty (30) days after receipt of
the last affidavits and position papers, or the expiration of the period for filing
the same, the court shall render judgment.
The court shall not resort to the clarificatory procedure to gain time for
the rendition of the judgment.
Criminal Cases
In criminal cases, there is hearing and actual trial. In civil cases, only the
pleadings, affidavit, evidence, and position papers are considered. There is no
hearing or trial in summary civil cases.
Only those who have executed affidavits may testify on the stand, except
rebuttal and sur-rebuttal witnesses.
Sec. 11. How commenced. - The filing of criminal cases falling within the
scope of this Rule shall be either by complaint or by information: Provided,
however, that in Metropolitan Manila and in Chartered Cities. such cases shall
be commenced only by information, except when the offense cannot be
prosecuted de oficio.
Sec. 13. Arraignment and trial. - Should the court, upon a consideration
of the complaint or information and the affidavits submitted by both parties, find
no cause or ground to hold the accused for trial, it shall order the dismissal of
the case; otherwise, the court shall set the case for arraignment and trial.
Sec. 14. Preliminary conference. - Before conducting the trial, the court
shall call the parties to a preliminary conference during which a stipulation of
facts may be entered into, or the propriety of allowing the accused to enter a
plea of guilty to a lesser offense may be considered, or such other matters may
be taken up to clarify the issues and to ensure a speedy disposition of the
case. However, no admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his counsel. A refusal or
failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. - At the trial, the affidavits submitted by the
parties shall constitute the direct testimonies of the witnesses who executed the
same. Witnesses who testified may be subjected to cross-examination, redirect
or re-cross examination. Should the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party presenting the affidavit, but the
adverse party may utilize the same for any admissible purpose.
Sec. 17. Judgment. - Where a trial has been conducted, the court shall
promulgate the judgment not later than thirty (30) days after the termination of
trial.
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.
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.
* Special requirement for affidavits under summary procedure: must state only
admissible evidence and show their competence to testify on such matters.
Otherwise, the offering party or counsel may be subject to disciplinary action
and the inadmissible portion is expunged.
Sec. 21. Appeal. - The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same in accordance with
Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court
in civil cases governed by this Rule, including forcible entry and unlawful
detainer, shall be immediately executory, without prejudice to a further appeal
that may be taken therefrom. Section 10 of Rule 70 (of the 1964 Rules of
Court) shall be deemed repealed.
• Summary decisions are appealable to the RTC. RTC decision in
ejectment cases are immediately executory.
Defenses
(a) A negative defense is the specific denial of the material fact or facts
alleged in the pleading of the claimant essential to his cause or causes of
action.
Note: “belief” as basis for verification has been deleted by a 1 May 2000
amendment.
1. sham or false
2. redundant
3. immaterial
4. impertinent
5. scandalous
Defenses appearing on the complaint which are not waived by failure to plead,
on which the court may dismiss the claim:
1. When some of several defending parties answer and the others fail to do
so, the court shall try the case against all upon the answers thus filed
and render judgment upon the evidence presented.
1. annulment
2. declaration of nullity
3. legal separation
1. oversight
2. inadvertence
3. excusable neglect
4. justice requires
Filing – the act of presenting the pleading or other paper to the clerk of
court.
Service – the act of providing a party with a copy of the pleading or paper
concerned.
1. judgment
2. resolution
3. order
4. pleading subsequent to the complaint
5. written motion
6. notice
7. appearance
8. demand
9. offer of judgment
10. or similar papers
Except court papers, resort to modes other than personal service must
be accompanied by a written explanation why the service or filing was not done
personally, otherwise it is ground to consider the paper as not filed.
1. personally presenting the original copies to the clerk of court, who shall
endorse on the pleading the date and hour of filing
2. sending the original copies by registered mail, the date of the mailing as
shown by the post office stamp on the envelope or the registry receipt,
shall be considered as the date of their filing
Proof of filing
a) the date and place of depositing the mail in the post office
b) in a sealed envelope
1. leaving it in his office with his clerk or with a person having charge
thereof
2. if not possible, then by leaving the copy, between 8 a.m. to 6 p.m. at his
residence, with a person of sufficient age and discretion then residing
therein
Priorities in service by mail of papers
Sec. 13. Proof of service. — Proof of personal service shall consist of a written
admission of the party served, or the official return of the server, or the affidavit
of the party serving, containing a full statement of the date, place and manner of
service. If the service is by ordinary mail, proof thereof shall consist of an
affidavit of the person mailing of facts showing compliance with section 7 of this
Rule. If service is made by registered mail, proof shall be made by such affidavit
and the 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.
RULE 14 – SUMMONS
Contents of a summons
Procedure in summons
1. filing of the complaint and the payment of the requisite legal fees
2. the clerk of court issues the corresponding summons to the defendants
3. summons served by
1. the sheriff
2. his deputy
3. other proper court officer, or
4. any suitable person authorized by the court issuing the summons,
for justifiable reasons
5. If
1. service has been completed – within 5 days from service,
the server shall
1. resident
1. Present in the Philippines
3. non-resident
1. Either
1. defendant does not reside and is not found in the Philippines, or
2. defendant ordinarily resides within the Philippines, but who is
temporarily out of it
3. action either
a. ffects the personal status of the plaintiff or
b. relates to, or the subject of which is, property within the
Philippines
a. leave of court
Section 1. Grounds. — Within the time for but before filing the answer to the
complaint or pleading asserting a claim, a motion to dismiss may be made on
any of the following grounds:
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(e) That there is another action pending between the same parties for the same
cause;
(f) That the cause of action is barred by a prior judgment or by the statute of
limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff’s pleading has been paid,
waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is unenforceable under the
provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with.
RULE 18 – PRE-TRIAL
Section 1. When conducted. — After the last pleading has been served
and filed, it shall be the duty of the plaintiff to promptly move ex parte that the
case be set for pre-trial. (5a, R20)
It is now the plaintiff who moves ex parte that the case be set for pre-
trial.
(i) Such other matters as may aid in the prompt disposition of the
action.
RULE 21 – SUBPOENA
Kinds of depositions
Requisites for a court order to terminate or limit the scope and manner of
taking of the deposition
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.
1. At the trial or
2. upon the hearing of
a. motion or
b. an interlocutory proceeding
Any deposition may be used by any party for the purpose of contradicting
or impeaching the testimony of deponent as a witness.
Instances when the deposition of any witness may be used by the adverse
party for any purpose
Instances when the deposition of any witness may be used by any party
for any purpose
Order of trial – the trial shall be limited to the issues stated in the pre-
trial order and shall proceed as follows
1. motion served at least 10 days before the time specified for the hearing
2. any opposing affidavits, depositions, or admissions must be served by
the adverse party at least 3 days before the hearing
3. hearing
4. judgment sought shall be rendered forthwith if the pleadings, supporting
affidavits, depositions, and admissions on file, show that
A. except as to the amount of damages, there is no genuine issue as
to any material fact and
B. the moving party is entitled to a judgment as a matter of law.
C. if judgment is not rendered upon the whole case or for all the
reliefs sought and a trial is necessary, the court ascertains what
material facts
1. exist without substantial controversy, and
2. are actually and in good faith controverted
D. Court makes 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.
E. The facts specified as without substantial controversy shall be
deemed established, and the trial shall be conducted only on the
controverted facts.
Grounds for new trial — Within the period for taking an appeal when the
following causes materially affects the substantial rights of the aggrieved party
1. FAME which ordinary prudence could not have guarded against and by
reason of which such aggrieved party has probably been impaired in his
rights; or
2. 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.
Note that in notice appeal from MTC, the court to which the appeal is
taken need not be stated. In notice of appeal from the RTC, the court to which
the appeal is taken is required to be stated.
Cases that go to the SC are by petition for review on certiorari. The only
instance when a case can go to the SC on notice of appeal is in criminal cases
where the penalty imposed is reclusion perpetua, or life imprisonment.
From quasi-judicial agencies to the CA, the appeal is by petition for review.
Appeal by itself does not stay execution of the decision. It is stayed only if the
CA issues a preliminary injunction.
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.
1. within 15 days from notice of the judgment or final order appealed from
2. where a record on appeal is required, within 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.
Period to file and serve petition for review from RTC to CA – 15 days
from notice of the decision sought to be reviewed or of the denial of petitioner’s
MNT or MfR; extendible by another 15 days; further extension of 15 days only
with compelling reason
A party has a fresh 15 days to file a petition for review from denial of the
MFR or MNT, but only the remaining period to file a notice of appeal.
The period to file a petition for review may be extended by the appellate
court, but the period to file a notice of appeal may not be extended by the court
a quo.
The period to file MNT or MfR is always non-extendible. The period to file
a notice of appeal is also not extendible.[Habaluyas v. Jabson, 138 SCRA 46
(1985)] However, a period to file a petition for review may be extended by 15
days, and for the most compelling reason, another 15 days.
(f) the CA, in making the findings, went beyond the issues of the
case and the same is contrary to the admissions made;
Requirements for petitions filed with the Supreme Court and the Court of
Appeals
2. Eminent domain
3. Foreclosure mortgage
Section 1. At any time during the pendency of a case, the court may call
the parties and their counsel to a preliminary conference:
(a) To consider the possibility of an amicable settlement, except when
the case is not allowed by law to be compromised;
(d) To take up such other matters which may aid the court in the prompt
disposition of the case.
(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 4 of Rule 41;
(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;
(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;
(i) The fact that the order or judgment appealed from is not appealable.
Requisites for Motion for New Trial before the CA (Rule 53):
1. filed after appeal has been perfected and before the CA loses
jurisdiction.
2. Ground is newly discovered evidence which
a. could not have been discovered prior to the trial in the court below
by the exercise of due diligence and
b. is of such a character as would probably change the result.
c. accompanied by affidavits showing
1. the facts constituting the grounds therefore; and
2. the newly discovered evidence.
Original cases cognizable before the SC (Rule 56):
1. petitions for
1. certiorari
2. prohibition
3. mandamus
4. quo warranto
5. habeas corpus
6. disciplinary proceeding against members of the judiciary and
attorneys, and
7. cases affecting ambassadors, other public ministers and consuls
1. Preliminary Attachment
Kinds of attachment
Kinds of injunction
1. Prohibitory
a. preliminary
b. final
c. Mandatory – an order which requires the performance of a
particular act or acts
1. Preliminary
2. final
1. the applicant is entitled to the relief demanded, and the whole or part of
such relief consists in restraining the commission or continuance of the
act or acts complained of, or in requiring the performance of an act or
acts either for a limited period or perpetually;
2. the commission, continuance or non-performance of the act or acts
complained of during the litigation would probably work injustice to the
applicant; or
3. a party, court, agency or a person is doing, threatening or is attempting
to do, or is procuring or suffering to be done, some act or acts probably
in violation of the rights of the applicant respecting the subject of the
action or proceeding, and tending to render the judgment ineffectual.
Stages of injunction
72 hour TRO
1. if the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury
2. issued by executive judge of a multiple-sala court or the presiding judge
of a single-sala court
3. issued ex parte, without hearing
4. thereafter must
20-day TRO
b) Raffled only after notice to and in the presence of the adverse party or
the person to be enjoined
a. issued with summary hearing (to determine whether the applicant will
suffer great or irreparable injury) within 24 hours after sheriff’s return of
service and/or records are received by the branch selected by raffle
b. Within 20-day period court must
After lapse of the 20 day TRO, the court can still grant a preliminary
injunction.
* Note that TROs issued by the SC are effected until further orders.
1. the party applying for the appointment of a receiver has an interest in the
property or fund which is the subject of the action or proceeding, and that
such property or fund is in danger of being lost, or materially injured
unless a receiver be appointed to administer and preserve it
2. in an action by the mortgagee for the foreclosure of a mortgage that the
property is in danger of being wasted or dissipated or materially injured,
and that its value is probably insufficient to discharge the mortgage debt,
or that the parties have so stipulated in the contract of mortgage;
3. After judgment, to preserve the property during the pendency of an
appeal, or to dispose of it according to the judgment, or to aid execution
when the execution has been returned unsatisfied or the judgment
obligor refuses to apply his property in satisfaction of the judgment, or
otherwise to carry the judgment into effect;
4. Whenever in other cases it appears that the appointment of a receiver is
the most convenient and feasible means of preserving, administering, or
disposing of the property in litigation.
No action may be filed by or against a receiver without leave of the court which
appointed him.
A party praying for the recovery of possession of personal property may, at the
commencement of the action or at any time before answer, apply for an order
for the delivery of such property to him, in the manner hereinafter provided
(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
Art. 196. Brothers and sisters not legitimately related, whether of the full
or half-blood, are likewise bound to support each other to the full extent set forth
in Article 194, except only when the need for support of the brother or sister,
being of age, is due to a cause imputable to the claimant’s fault or negligence