What is the basis for the issuances of the SC with regards to procedure?
(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 underprivileged. [RULE-MAKING POWER OF THE SC] (Article 8, Section 5 (5),
Constitution
Is this power unlimited? What are the limitations?
1. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. The rules shall be uniform for all courts of the same grade; and
3. The rules shall not diminish, increase, or modify substantive rights. (Article 8, Section 5 (5),
Constitution]
What is a court?
A court is an entity or body vested with a portion of the judicial power. (Lontok vs. Battung, 63 Phil.
1054)
Why portion?
This is because the Constitution provides that “the judicial power shall be vested in one Supreme Court
(SC) and in such other lower courts as may be established by law.” (Art. VIII, Section 1, 1987
Constitution.)
The reason that the law creates different courts is to divide the cases or judicial power among them so
that one court may not be burdened with so many cases.
So, judicial power is not exercised only by one court, but by several courts.
Who is a judge?
The judge is the person or officer who presides over a court.
CLASSIFICATIONS OF COURTS
A. SUPERIOR COURTS vs. FIRST-LEVEL COURTS
B. ORIGINAL COURT vs. APPELLATE COURT
C. CIVIL COURTS vs. CRIMINAL COURTS
D. COURTS OF LAW vs. COURTS OF EQUITY
E. CONSTITUTIONAL COURTS vs. STATUTORY COURTS
A. SUPERIOR COURTS vs. FIRST-LEVEL COURTS
 SUPERIOR COURTS, otherwise known as courts of general jurisdiction, are those which take
cognizance of all kinds cases, whether civil or criminal, and possess supervisory authority over
lower courts. (SC, CA, RTC)
 INFERIOR COURTS, otherwise known as courts of special or limited jurisdiction, are those which
take cognizance of certain specified cases only. (MTC courts only)
B. ORIGINAL COURT vs. APPELLATE COURT
 ORIGINAL COURTS are those where a case is originally commenced. (SC, CA, RTC, MTC)
 APPELLATE COURTS are those where a case is reviewed. (SC, CA, RTC)
C. CIVIL COURTS vs. CRIMINAL COURTS
 CIVIL COURTS are those which take cognizance of civil cases only
 CRIMINAL COURTS are those which take cognizance of criminal cases only.
D. COURTS OF LAW vs. COURTS OF EQUITY
 COURTS OF LAW are tribunals administering only the law of the land, whereas
 COURTS OF EQUITY are tribunals which rule according to the precepts of equity or justice, and
are sometimes called “courts of conscience.”
E. CONSTITUTIONAL COURTS vs. STATUTORY COURTS
 CONSTITUTIONAL COURTS are created directly by the Constitution itself. (SC)
 STATUTORY COURTS are created by law or by the legislature
NOTE: Sandiganbayan – is a CONSTITUTION MANDATED COURT
What are the INHERENT POWERS of the court?
Section 5 Rule 135 of the Rules of Court provides: Section 5. Inherent powers of courts. Every court shall
have the power:
(a) to preserve and enforce order in its immediate presence;
(b) to enforce order in proceedings before it, or before a person or persons empowered to conduct a
judicial investigation under its authority;
(c) to compel obedience to its judgments orders, and processes, and to the lawful orders of a judge out
of court, in a case therein;
(d) to control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in
any manner connected with a case before it, in every manner appertaining thereto;
(e) to compel the attendance of persons to testify in a case pending therein;
(f) to administer or cause to be administered oaths in a case pending therein, and in all other cases
where it may be necessary in the existence of its powers;
(g) to amend and control its process and orders so as to make them conformable to law and justice;
(h) to authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the
original, and to restore, and supply deficiencies in its records and proceedings.
JURISDICTION [1.) JURIS – law; 2.) DICO – to speak] “I speak by law”]
 refers to power or authority to hear, try and decide a case, and to enforce a judgement of a
case.
NOTE: Jurisdiction is conferred by law, and whether a court has jurisdiction over an action brough
to it is ascertained from or determined by the ultimate material facts pleaded in the complaint.
VENUE
 place where an action must be instituted and tried.
 NOCUM VS TAN. – DISTINCTIONS between VENUE and JURISDICTION
JURISDICTION
VENUE
Authority to hear and determine a case
Place where the case is to be heard or tried
Matter of substantive law
Matter of Procedural law
Establishes a relation between the court and
Establishes relation between plaintiff and
the subject matter
defendant, or petitioner, or respondent
Fixed by law and cannot be conferred by the
May be conferred by the act or agreement of
parties
the parties
JURISDICTION VS EXERCISE OF JURISDICTION
JURISDICTION
Authority to hear, try, decide and enforce a
judgement
EXERCISE OF JURISDICTION
When the court exercised its jurisdiction. (all
other acts that come with it is exercised of
jurisdiction) eg. trial, pretrial
ERROR OF JURISDICTION – happens when a court ERROR OF JUDGMENT – happens when a court
take cognizance of a case which it has no
with competent jurisdiction commits errors in the
jurisdiction
exercise of such authority to hear the case.
REMEDY: CERTIORARI (Rule 65)
REMEDY: APPEAL
What happens when wrong remedy is availed of?
 Dismiss the case.
 Remedy of certiorari is not available when the remedy of appeal is available. And when remedy
of appeal is lost, you cannot revive it by resorting to certiorari because certiorari is not a
substitute for the lost remedy of appeal.
TYPES OF JURISDICTIONS
1.) Based on cases tried: General Jurisdiction and Special or Limited Jurisdiction;
2.) Based on the nature of the cause: Original Jurisdiction and Appellate Jurisdiction; and
3.) Based on the nature and extent of exercise: Exclusive Jurisdiction and Concurrent or Coordinate
Jurisdiction;
4.) Based on situs; Territorial jurisdiction and extraterritorial jurisdiction
GENERAL JURISDICTION and SPECIAL OR LIMITED JURISDICTION
 GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits,
whether civil, criminal, administrative, real, personal or mixed.
 SPECIAL or LIMITED JURISDICTION is the authority of the court to hear and determine particular
cases only. Its power is limited.
ORIGINAL JURISDICTION and APPELLATE JURISDICTION
 ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or
commencement.
 APPELLATE JURISDICTION is the power vested in a superior court to review and revise the
judicial action of a lower court.
EXCLUSIVE JURISDICTION and CONCURRENT OR COORDINATE JURISDICTION
 EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others
 CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with
another or other courts over the same subject matter.
NOTE: Observe doctrine of hierarchy of courts.
o The court that obtains jurisdiction first shall retain it to the exclusion of all other courts.
(Exclusionary Principle)
ELEMENTS OF JURISDICTION
a. Jurisdiction over the subject matter;
b. Jurisdiction over the person of the parties to the case;
c. Jurisdiction over the res; and
d. Jurisdiction over the issues.
A. JURISDICTION OVER THE SUBJECT MATTER
 Jurisdiction over the subject matter is the power of the court to hear and determine cases of the
general class to which the proceedings in question belong. (Banco Español-Filipino vs. Palanca,
37 Phil. 291)
 jurisdiction over the nature of the action.
 How is jurisdiction over the subject matter or nature of the action acquired?
o Jurisdiction over the subject matter is conferred by law, which may be either the
Constitution or a statute, and is never acquired by consent or submission of the parties
or by their laches.
o It cannot be acquired by an agreement of the parties, waiver, or failure to object
(silence).
 When the court has no jurisdiction over the subject matter, the court by itself or motu propio
has the power to dismiss.
 Issue as to lack of jurisdiction may be raised at any time, even on appeal.
 How do you determine then jurisdiction over the subject matter?
o It is determined by facts alleged in the complaint and the law in force at the time of the
commencement of the action.
 Exception to the rule that jurisdiction is determined by the allegations of the
complaint – Agrarian dispute – when the defendant raises the issue of tenancy,
then the court should refer the matter to DAR for the DAR to determine
whether indeed there is an agrarian dispute.
 Padilla vs Magdua - Jurisdiction over the subject matter of the case is conferred by law and is
determined by the allegations in the complaint and the character of the relief sought,
irrespective of whether the parties are entitled to all or some of the claims asserted.
B. JURISIDCTION OVER THE PERSON
 Jurisdiction over the person is the power to render a personal judgment against a party to an
action or proceeding through the service of process or by voluntary appearance of a party
during the progress of a cause. (Banco Español-Filipino vs. Palanca)
 Refers to the power of the court to render judgment which will be bind the parties to the case.
 How does the court acquire jurisdiction over the person?
PLAINTIFF
DEFENDANT
Filling of the complaint or the petition for
By the (1) service of summons; or (2)
judiciary relief
voluntary submission to the court.
o Why is filing of a motion for extension of time to file an answer or filing a bill of
particular considered as voluntary submission to the court?
 Because one who seeks for an affirmative relief is deemed to have submitted to
the jurisdiction of the court. (VOLUNTARY appearance)
o What is SPECIAL APPEARANCE or CONDITIONAL APPEARANCE?
 Defendant will participate in the action but for purpose of questioning the
jurisdiction of the court over the person.
 Distinction between jurisdiction over the subject matter and jurisdiction over the person?
OVE R THE SUBJECT MATTER
OVER THE PERSON
Cannot be cured by failure to object, or by
May be cured by waiver, consent, silence, or
silence or waiver or consent
failure to object
C. JURISDICTION OVER THE RES
 Jurisdiction over the res is the power or authority of the court over the thing or property under
litigation. (Perkins v. Dizon, 69 Phil. 186, 190 [1939])
 It is important because sometimes it can be a substitute for jurisdiction over the person of the
defendant.
 It is acquired either by the (a) the seizure of the property under legal process whereby it is
brought into actual or constructive custody of the court’ or (b) as a result of the institution of
legal proceedings, in which the power of the court is recognized and made effective.
D. JURISDICTION OVER THE ISSUES
 The authority to try and decide the issues raised by the pleadings of the parties. (Reyes vs Diaz)
 How is jurisdiction over the issues acquired?
It is acquired upon the filing of the last pleading, which joins the issues involved in the case.
 What is the effect if the court has no jurisdiction over the issue? LAM vs Chua
o Facts: Petitioner filed a petition for declaration of nullity of marriage. Court granted the
petition and also awarded support. Is the judgment of the court valid?
o RULING: Valid as to the nullity of marriage but void as the award of support.
 It is an error for the court to have rendered judgment on issues not presented in
the pleadings as it was beyond its jurisdiction to do so.
HEIRARCHY OF COURTS
1. Regular Courts – MTC, RTC, CA, SC
2. Special Courts – CTA, Sandiganbayan, Shaira District Courts, Family Courts
3. Quasi-courts – Constitutional Commissions, Quasi-judicial agencies, other quasi-judicial agencies.
 Quasi-judicial agencies - A quasi-judicial agency or body isan organ of government other than a
court and other thana legislature, which affects the rights of private parties through either
adjudication or rule-making.
 DOCTRINES RELATING TO QUASI-JUDICIAL AGENCIES
o Doctrine of Primary Jurisdiction – controversies within the administrative jurisdiction
must be brought before them.
 Courts will not resolve a controversy involving a question which is within the
jurisdiction of an administrative tribunal especially where the question demands
the exercise of sound administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to determine technical
and intricate matters of fact.
o Exhaustion of Administrative Agencies – courts must allow administrative agencies to
carry out their functions and discharge their responsibilities within the specialize areas
within their respective competence.
 Exhaust all administrative remedies before resulting to courts.
NOTE: Are military commissions and tribunal considered as courts? NO. They are agencies of
executive character and their decisions are not appealable to the courts. However, the Supreme
Court may exercise its correction and reviewing power if there is grave abuse of discretion
amounting to lack or excess of jurisdiction.
JURISDICTION OF THE SUPREME COURT
A. ORIGINAL JURISDICTION
 Exercise original jurisdiction over cases
1. affecting ambassadors, other public ministers and consuls, and
2. over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
3. petitions for Writ of amparo, writ of habeas data, issuance of writ of continuing mandamus,
writ of kalikasan
B. APPELLATE JURISIDCTION
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. (from RTC’s decision, APPEAL to SC)
(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. (from RTC’s decision,
APPEAL to SC) NOTE: Purely issues of jurisdiction
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (observe
hierarchy of courts)
(e) All cases in which only an error or question of law is involved. (from RTC’s decision, APPEAL
to SC) NOTE: Purely question of law
JURISDICTION OF COURT OF APPEALS
 Perform adjudicatory functions by division. NOT EN BANC. (But if administrative fx – may be en
banc.
A. ORIGINAL JURISDICTION
 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;
B. EXCLUSIVE JURISDICTION
 Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial
Courts.
C. APPELLATE JURISDICTION
 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 of Section 17 of the Judiciary Act of 1948.
NOTE: IN LABOR CASES
o Observe hierarchy of courts. Hence, labor arbiter > NLRC Div > CA > SC.
o Mode of appeal in labor cases: PETITION FOR CERTIORARI is a mode of appeal in labor
cases.
D. SPECIAL POWERS
 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
further proceedings.
o NOTE: Can you opt not to present evidence in RTC? NO.
 LINGER vs CA – The power of the CA to receive evidence refers only to
incidental facts which were not 100% touched upon or matters which were
simply overlooked by the trial court. You cannot opt not to present evidence
before the RTC.
JURISDICTION OF RTC
A. EXLUSIVE JURISDICTION
1. all civil actions in which the subject of litigation is incapable of pecuniary estimation.
 Definition of “Incapable of Pecuniary Estimation” - cannot estimate it in terms of money.
 TEST TO DETERMINE WHETHER OR NOT AN ACTION IS CAPABLE OR INCAPABLE OF PECUNIARY
ESTIMATION:
o In determining whether an action is one the subject matter of which is not capable of
pecuniary estimation, this Court has adopted the criterion of first ascertaining the
nature of the principal action or remedy sought.
 If it is primarily for the recovery of a sum of money, the claim is considered
capable of pecuniary estimation
 However, where the basic issue is something other than the right to recover a
sum of money, where the money claim is purely incidental to, or a consequence
of, the principal relief sought, this Court has considered such where the subject
of the litigation may not be estimated in terms of money, and are cognizable
exclusively by the Regional Trial Courts.
 Examples of incapable of pecuniary Estimation
1. Specific performance
2. Support
3. Foreclosure of mortgage
4. Annulment of judgment
5. Action questioning validity of mortgage
6. Annulment of deed of sale or conveyance
7. Action to recover paid price
8. Rescission
9. Action for declaratory relief
 What if there are two causes of action? What is the test?
o Determine the principal action or remedy sought.
2. In all civil actions which involve the title to, or possession of, real property, or any interest therein,
where the assessed value exceeds Four hundred thousand pesos (P400,000.00), except for forcible
entry into and unlawful detainer of lands or buildings; EXCEPT actions for FORCIBLE ENTRY into and
UNLAWFUL DETAINER of lands and buildings.
3. In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds Two million
pesos (P2,000,000.00).
4. In all matters of probate, both testate and intestate, where the gross value of the estate exceeds
Two million pesos (P2,000,000.00).
5. In all matters involving contract of marriage and marital relations
6. In all civil actions and special proceedings falling within the exclusive jurisdiction of a Juvenile and
Domestic Relations Court and of the Court of Agrarian Relations.
 Now, Family courts has exclusive jurisdiction involving children.
 All agrarian dispute involving landlord and tenants were transferred to DARAB (Dept of Agrarian
Reform and Adjudicatory Board)
 BUT the following are still with the RTC (the others are within the jurisdiction of the DARAB):
a. just compensation cases under the CARP Law
b. prosecution of criminal offenses in violation of the CARP Law.
 NOTE: For DARAB to have jurisdiction over a case, there must exist a tenancy relationship
between the parties.
 ELEMENTS OF TENANCY RELATIONSHIP:
 Parties are the landlord and the tenant or agricultural lessee;
 The subject matter of the relationship is an agricultural land
 There is a consent between the parties
 Purpose of the relationship is to bring about agricultural production
 Personal cultivation on the part of the tenant
 Show Proof of sharing agreement must exist (most important element)
 What should the court do if there is a case of ejectment filed in the MTC but
there is an allegation of tenancy agreement (allegation that it is an agrarian
disupute)?
 The court should refer the case to the DARAB for the latter to
determine if there is agrarian dispute (eg. tenancy). If there is, then the
court should dismiss the case. If there isn’t, then the court should
proceed with the case.
7. In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney’s
fees, litigation expenses, and cost or the value of the property in controversy exceeds Two million
pesos (P2,000,000.00).
 Example: collection of sum of money.
 Cost or value of the property – refers to personal property only.
 RULES REGARDING ACTIONS UNDER THIS PROVISION:
o 1. If the claim for damages is merely incidental or ancillary to the main cause of action,
we do not include the amount of damages in determining jurisdiction.
o 2. When claim for damages is main cause of action, or one of the causes of action, the
amount of the claim shall be included as basis in determining jurisdiction.
8. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
judicial or quasi-judicial functions.
9. Intra-corporate controversies, election and appointment of officers, petition for suspension of
payment and rehabilitation of corporations, partnership or association.
 ELEMENTS to determine whether a case involves intra-corporate disputes:
o The status or relationship of the parties; and
o The nature of the question that is subject of their controversy.
B. CONCURRENT ORIGINAL
1. Sec. 21. Original jurisdiction in other cases. - Regional Trial Courts shall exercise original jurisdiction:
[1] In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus,
and injunction which may be enforced in any part of their respective regions;
 SC, CA, RTC have original concurrent jurisdiction.
2. In actions affecting ambassadors and other public ministers and consuls.
 SC and RTC have original concurrent jurisdiction.
C. APPELLATE JURISDICTION
1. Sec. 22. Appellate jurisdiction. - Regional Trial Courts shall exercise appellate jurisdiction over all cases
decided by MetTCs, MTCs and MCTCs in their respective territorial jurisdictions.
Such cases shall be decided 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 RTCs.
The decision of the RTCs in such cases shall be appealable by petition for review to the CA which may
give it due course only when the petition show prima facie that the lower court has committed an error
of fact or law that will warrant a reversal or modification of the decision or judgment sought to be
reviewed.
 Mode of appeal to CA – “petition for review” > case filed originally with the MTC
 Mode of appeal to CA – “ordinary appeal”> case filed originally with the RTC
D. SPECIAL JURISDICTION
1. RTC shall exercise special jurisdiction over the following cases:
a. to handle exclusively of criminal cases;
b. juvenile and domestic relation cases;
c. agrarian cases and urban land cases which do not fall under the jurisdiction of quasi-judicial
bodies and agencies;
d. such other cases which the SC may determine in the interest of the speedy disposition and
administration of justice.
JURISDICTION OF THE MTC
A. ORIGINAL JURISDICTION
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts (MTCs) shall
exercise:
(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper cases, where the value of the personal
property, estate, or amount of the demand does not exceed Two million pesos (P2,000,000.00)
exclusive of interest damages of whatever kind, attorney's fees, litigation expenses, and costs, the
amount of which must be specifically alleged: Provided, That where there are several claims or causes of
action between the same or different parties, embodied in the same complaint, the amount of the
demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes
of action arose out of the same or different transactions;
B. DELAGATED JURISDICTION
Section 34. Delegated jurisdiction in cadastral and land registration cases. — Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts (MTCs) may be assigned by the Supreme Court
to hear and determine cadastral or land registration cases covering lots where there is no controversy
or opposition, or contested lots the value of which does not exceed one hundred thousand pesos
(P100,000), such value to be ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the corresponding tax declaration of the real
property. Their decisions in these cases shall be appealable in the same manner as decisions of the
Regional Trial Courts.
 NOTE: MTC’s decision is appealable directly to SC
C. SPECIAL JURISIDCTION
Section 35. Special jurisdiction in certain cases. — In the absence of ALL the Regional Trial Judges in a
province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may
hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the
province or city where the absent Regional Trial Judges sit.
RULES ON FILING FEES IN CIVIL CASES
 Importance of filing fees: a case is deemed filed if the plaintiff files a complaint and pays the
filing fee.
 SUN INSURANCE OFFICE LTD. vs. COURT OF APPEALS – 170 SCRA 274 [1989]
the Court rules as follows:
o 1. It is not simply the filing of the complaint or appropriate initiatory pleading, but the
payment of the prescribed docket fee, that vests a trial court with jurisdiction over the
subject matter or nature of the action. Where the filing of the initiatory pleading is not
accompanied by payment of the docket fee, the court may allow payment of the fee
within a reasonable time but in no case beyond the applicable prescriptive or
reglementary period.
o 2. The same rule applies to permissive counterclaims, third party claims and similar
pleadings, which shall not be considered filed until and unless the filing fee prescribed
therefore is paid. The court may also allow payment of said fee within a reasonable time
but also in no case beyond its applicable prescriptive or reglementary period.
o 3. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
pleading and payment of the prescribed filing fee but, subsequently, the judgment
awards a claim not specified in the pleading, or if specified the same has been left for
determination by the court, the additional filing fee therefor shall constitute a lien on
the judgment. It shall be the responsibility of the Clerk of Court or his duly authorized
deputy to enforce said lien and assess and collect the additional fee.
 TACAY VS RTC OF TAGUM
o “Where the action involves real property and a related claim for damages as well, the
legal fees shall be assessed on the basis of both:
a) the value of the property and
b) the total amount of related damages sought. [NOTE: include all]
 FILIPINAS SHELL PETROLEUM CORP vs. COURT OF APPEALS – 171 SCRA 674 [1989]
o ISSUE: Is the a file now pay later scheme? NO.
o RULING: There is no such thing as file now pay later. No justification can be found to
convert such payment to something akin to a contingent fee which would depend on
the result of the case.
 What is the remedy of the plaintiff if he/she cannot really pay the filing fee?
o A: Have himself declared by the court as a pauper litigant.
 SUSON vs. COURT OF APPEALS - 278 SCRA 284 [August 21, 1997)
o FACTS: Petitioner wrote a letter to the Office of the Court Administrator (OCA) asking
that the docket fee paid in Leyte be considered applicable to Cebu. OCA granted his
request.
o ISSUE: Whether OCA is correct in applying the filing fees paid in Leyte to be applicable
also in CEBU.
o RULING: NO. The OCA has neither the power nor the authority to exempt any party not
otherwise exempt under the law or under the Rules of Court in the payment of the
prescribed docket fees. It may be noteworthy to mention here that even in the Supreme
Court, there are numerous instances when a litigant has had to re-file a petition
previously dismissed by the Court due to a technicality (violation of a pertinent Circular),
and in these instances, the litigant is required to pay the prescribed docket fee and not
apply to the re-filed case the docket fees paid in the earlier dismissed case.
 In the case at bar, in the strict sense, Mortz’s complaint cannot be deemed to
have been ‘re-filed’ in Cebu City because it was not originally filed in the same
court but in the RTC Leyte.
RULE 1: GENERAL PROVISIONS
Section 1. Title of the Rules. – These Rules shall be known and cited as the Rules of Court. (1)
Section 2. In what courts applicable. – These Rules shall apply in all the courts, except as otherwise
provided by the Supreme Court. (n)
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)
CLASSIFICATION OF CIVIL ACTION
I. As to NATURE (Section 3 [a])
a.) Ordinary Civil Actions
b.) Special Civil Actions
II. As to CAUSE or FOUNDATION:
a.) Real Actions
b.) Personal Actions
c.) Mixed Actions
III. As to PLACE OF FILING
a.) Local Actions
b.) Transitory Actions
IV. As to OBJECT
a.) Action In Personam
b.) Action In Rem
c.) Action Quasi In Rem
I. As to NATURE
 What are the special civil actions? (Rules 62 to 71)
o Interpleader,
o Declaratory Relief,
o Review of judgment or final orders of resolutions of COMELEC and COA
o Certiorari, Prohibition, Mandamus,
o Quo Warranto,
o Expropriation,
o Foreclosure of Mortgage,
o Partition,
o Forcible Entry, Unlawful Detainer and
o Contempt.
 AMBERTI VS CA (Ordinary Rules is applied to SCA)
o Certiorari is similar to appeal although it is not really an appeal. And the SC looked at the
law on appeal. What happens when you perfect your appeal and then later on you
withdraw your appeal? What will happen to the order or judgment? Rule 50 says that if
you withdraw the appeal, the judgment appealed from will now become final and
executory. Therefore, since it is now final and executory, you cannot change it anymore.
II. AS TO CAUSE OR FOUNDATION
a. Real Action
 A REAL ACTION is briefly described as an action where the issue or the subject involved is title
to, ownership, possession of or interest over a real property
o Examples: accion publiciana, forcible entry, unlawful detainer, foreclosure of mortgage
or real property, partition of real property
b. Personal Action
 A PERSONAL ACTION is one where the issue or subject matter does not involved title to,
ownership, possession of or interest over a real property.
o Not founded on privity of real rights or real property
o it is founded on privity of contract
o Examples: actions for a sum of money, or damages arising from breach of a contract, or
for the enforcement or resolution of a contract, or for recovery of personal property
c. Mixed Action
 MIXED ACTIONS where there is a mixture of real and personal actions. Mixed actions are such as
pertain in some degree to both real and personal
IMPORTANCE OF DETERMINING WHETHER AN ACTION IS REAL OR PERSONAL
 Important for purposes of determining VENUE.
o REAL ACTION – (is local) its venue depends upon the location of the property involved in
the location. S1R4
o PERSONAL ACTION – (is transitory) its venue depends upon the residence of the plaintiff
or the defendant at the option of the plaintiff. S2R4
o MIXED ACTION – treat it as a Real action, hence, venue depends upon the location of
the property involved in the location
III. AS TO PLACE OF FILING
a. Local Actions
 LOCAL ACTION is an action which can only be instituted in a particular place.
b. Transitory Actions
 TRANSITORY ACTIONS are those which follow the party wherever he may reside.
IV. CLASSIFICATION AS TO OBJECT
a. Action In Personam
 ACTION IN PERSONAM is one where the purpose is to bind the parties or where any judgment
that the court will render in that case binds only the parties to the action and their privies or
their successors-in-interest.
b. Action In Rem
 ACTION IN REM is where any judgment a court will render in the case binds not only the parties
to the case but the whole world.
o NOTE: Action in rem usually require a publication.
c. Action Quasi In Rem
 ACTION QUASI IN REM is one which is actually in personam because it is directed only against a
particular individual but the purpose of the proceeding is to subject his property to the
obligation or lien burdening it.
 ACTION QUASI IN REM is one which is directed against a particular person but the purpose of
which is to bar and bind not only said persons but any other person who claims any interest in
the property or right subject of the suit.
 EXAMPLES: foreclosure of mortgage, Action for partition, Action for accounting, attachment.
CIVIL ACTION VS SPECIAL PROCEEDING
CIVIL ACTION
DEFINITION
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
PARTIES
there are two (2) definite
and particular adverse
parties (Plaintiff and
Defendant)
PLEADINGS
requires the filing of formal
pleadings
PERIOD TO APPEAL
15 days and
Requirement of a NOTICE
OF APPEAL
SPECIAL PROCEEDING
A SPECIAL PROCEEDING is a
remedy by which a party
seeks to establish a status,
a right, or a particular fact
there is a definite party
(petitioner), NO adverse
party.
relief may be obtained by
mere application or
petition
30 days
REQUIREMENTS: NOTICE
OF APPEAL and RECORD OF
APPEAL
NOTE: Joinder of ORDINARY CIVIL ACTION and SPECIAL PROCEEDING is NOT ALLOWED.
HEIRS OF GABATAN VS CA (150206)
 determination of who are the decedent's lawful heirs must be made in the proper special
proceeding for such purpose, and not in an ordinary suit for recovery of ownership and/or
possession.
Dr TREYES VS ANTONIO LARLAR ET. AL. (GR 232579)
 In the instant case, it is readily apparent from the allegations in the Complaint filed by the
private respondents that the action was not instituted for the determination of their status as
heirs, as it was their position that their status as heirs was already established ipso
jure without the need of any judicial confirmation. Instead, what the Complaint alleges is that
the private respondents' rights over the subject properties, by virtue of their being siblings of
the deceased, must be enforced by annulling the Affidavits of Self-Adjudication and ordering the
reconveyance of the subject properties.
 the legal heirs of a decedent are the parties in interest to commence ordinary civil actions
arising out of their rights of succession, without the need for a separate prior judicial declaration
of their heirship, provided only that there is no pending special proceeding for the settlement of
the decedent's estate.
 HENCE, if it clear that the plaintiff is an heir (eg. thru Birth Certificate), the determination of
heirship may be joined with an ordinary suit for recovery of property.
Section 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. (R143a)
 NOTE: In these cases, the Rules of Court are suppletory in character. In case of conflict between
election law and the Rules of Court, forget the Rules of Court. But when the Election Code is
silent, you apply the Rules of Court by analogy or for suppletory purposes
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 date of the filing of such later pleading, irrespective of whether the motion for
its admission, if necessary, is denied by the court. (6a)
 Q: When is a court action deemed commenced?
o A: A civil action is commenced by the filing of the original complaint in court. Of course
this is not really complete. The filing of the original complaint in court must be
accompanied by the payment of the correct docket fee.
Section 6. Construction. – These Rules shall be liberally construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of every action and proceeding. (2a)
 What are the Rules which must be strictly complied or construed?
o Rules which prescribe time during which certain acts to be done. (eg. period to file an
answer)
o provisions on: 1) reglementary periods; 2) rule on forum shopping; 3) service of
summons.
 When may lapses in the literal observance in the Rules of Court be excused (Court allow lapses
in complying with the Rules)?
o Lapses in the literal observance of a rule of procedure will be overlooked:
1 when they do not involve public policy;
2 when they arose from an honest mistake or unforeseen accident;
3 when they have not prejudiced the adverse party; and
4 when they have not deprived the court of its authority.
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)
 The requirement of cause of action is applicable only to ORDINARY CIVIL ACTIONS.
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 also referred to as the fact or combination of facts which affords a party a
right to judicial interference in his behalf.
 NICANOR DE GUZMAN VS CA – A cause of action is determined not by the prayer of the
complaint but by the facts alleged.
 Banco Filipino vs CA – A cause of action arises when that which should have been done is not
done or that which should not have been done is done.
 SWAGGMAN VS CA
o ISSUE: May a complaint that lacks a cause of action at the time it was filed be cured by
the accrual of a cause of action during the pendency of the case?
o HELD: NO. (There must be a cause of action at the commencement of the suit.)
 a complaint whose cause of action has not yet accrued cannot be cured or
remedied by an amended or supplemental pleading alleging the existence or
accrual of a cause of action while the case is pending. Such an action is
prematurely brought and is, therefore, a groundless suit, which should be
dismissed by the court upon proper motion seasonably filed by the defendant.
The underlying reason for this rule is that a person should not be summoned
before the public tribunals to answer for complaints which are immature.
ELEMENTS OF A CAUSE OF ACTION
1. A RIGHT pertaining to the plaintiff;
2. A CORRELATIVE OBLIGATION of the defendant;
3. A VIOLATION of the plaintiff’s right; and
4. DAMAGE suffered by the plaintiff.
 DBP VS CASTILLO – Most important element: 3RD Element – violation of the plaintiff’s right. For
the reason that it is upon the occurrence of such element that a cause of action arises.
 If one of element is missing – it is vulnerable to a motion to dismiss on the ground of failure to
state a cause of action.
 How to determine if a complaint states a cause of action?
o Juana Complex vs Phil Estate – The question on whether a 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 the ultimate or essential facts constituting
the plaintiff’s cause of action. To be taken into account are only the material allegations
in the complaint and extraneous facts and circumstances and other matters aliunde not
considered.
o BSP vs Legazpi – the complaint may be dismissed for the lack of cause of action if it is
obvious from the complaint and the annexes that the plaintiff is not entitled to any
relief.
 Why is it important that a complaint should state a cause of action?
o VIRATA vs SANDIGANBAYAN – because simple justice demands that the defendant must
know what the complaint against him is all about.
 FILIPINAS SHELL VS BOARDMAN – The cause of action for specific performance existed only
when the claim for short declines of product were discovered and not from the perfection of the
contract of sale.
 NABUS VS CA – In an action for rescission of contract of sale, the cause of action arises only
when there is deem default in paying the installment or non-payment of the consideration.
RIGHT OF ACTION
 RIGHT OF ACTION is the right of the plaintiff to bring an action and to prosecute that action to
final judgment. (Marquez vs. Varela)
ELEMENTS OF A RIGHT OF ACTION
1. the plaintiff must have a good cause of action;
2. the plaintiff must have performed all conditions precedent to the filing of the action. **
o Examples of “conditions precedent to the filing of the action”
 Phil. Americal General Insurance vs Sweetlines
FACTS: there is a stipulation that if the consignee wants to file a case arising
from the contract of carriage against the carrier, the consignee must first send a
notice of loss to the carrier and then if the carrier will not honor it, that is the
time the consignee can file a case before the court.
ISSUE: WON there is a right of action.
RULING: NO RIGHT OF ACTION. (failure to perform condition all condition
precedent before the filing of the action – “send a notice of loss to the carrier”)
“The right of action does not arise until the performance of all conditions
precedent to the action.”
“More particularly, where the contract of shipment contains a reasonable
requirement of giving notice of loss of or injury to the goods, the giving of such
notice is a condition precedent to the action for loss or injury or the right to
enforce the carrier’s liability.”
 In barangay conciliation.
CAUSE OF ACTION VS RIGHT OF ACTION
CAUSE OF ACTION
Delict or wrong committed by the defendant
Created by substantive law
Does not prescribe
RIGHT OF ACTION
Right of the plaintiff to institute an action
Regulated by Procedural law
Does prescribe
SPLITTING OF CAUSE OF ACTION
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)
 Splitting a cause of action is the act of instituting two or more suits for the same cause of action.
 It is the practice of dividing one cause of action into different parts and making each part a
subject of a different complaint.
Sec. 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)
 What are the effects of splitting a cause of action?
o LITIS PENDENTIA - The filing of one is available as a ground for the dismissal of the
other. (Filing multiple cases based on the same cause of action and the same prayer the
previous case not having been resolved yet.)
o RES ADJUDICATA - a judgment upon the merits in any one is available as a ground for
the dismissal of the others. (Filing multiple cases based on the same cause of action and
the same prayer, the previous case having been finally resolved)
 Why is splitting Prohibited?
o To prevent repeated litigations between the same parties in regard to the same subject
of controversy
o To protect the defendant from unnecessary vexation
o To avoid costs incident to numerous suits.
 How to determine the Singleness of a cause of action?
The singleness of a cause of action is determined by the singleness of the delict or
wrong committed by the defendant and not by the number of remedies that the law
grants the injured party.
 TEST IN DETERMINING THE SINGLENESS OF A CAUSE OF ACTION
o SAME EVIDENCE TEST – PANTRANKO NORTH EXPRESS VS THUNDER INSURANCE
 Whether the same evidence which is necessary to sustain the second cause of
action would have been sufficient to authorize recovery in the first.
 This is an indicator that there is single cause of action.
 RULES IN DETERMINING THE SINGLENESS OF A CAUSE OF ACTION (IN CONTRACTS)
o RULE #1(GENERAL RULE): A contract embraces only one cause of action because it may
be violated only once, even if it contains several stipulations.
 RULE #2(EXCEPTION TO GR): A contract which provides for several stipulations
to be performed at different times gives rise to as many causes of action as
there are violations.
 RULE #3 (Exception to the exception): All obligations which have
matured at the time of the suit must be integrated as one cause of
action in one complaint, and those not so included would be barred.

RULE #4 (Exception to Rule #2) When the failure to comply with one of
several stipulations in a continuing contract constitutes a total breach.
R4 (DOCTRINE OF ANTICIPATION BREACH) – An unqualified and positive refusal to perform a contract,
though the performance thereof is not yet due, may, if the renunciation goes into the whole contract,
be treated as a complete breach which will entitle the injured party to bring the action at once.
EXAMPLE:
R1: EXAMPLE: P enters into a contract with N which contains 3 stipulations: (#1) that next month, P will
deliver to N 100 sacks of rice; (#2) on the same date, P will also deliver to N 100 sacks of corn; and (#3)
on the same date, P will also deliver to N 100 sacks of sugar. When the day arrived, nothing was
delivered. So three stipulations were violated. Q: How many causes of action does N have against P?
 A: ONE. The contract is only one cause of action even if it contains several stipulations. The
cause of action is not based on the number of paragraphs violated but on the contract itself.
R2: EXAMPLE: A loan with a promissory note where the principal amount is payable in installment. The
first installment is payable in 2008, the second installment in this year, and the third installment is
payable in 2010 without any acceleration clause. So, there is only one contract of loan but the principal
is payable in three installments at different times. For non- payment of the first installment, the creditor
has a cause of action and can file one case.
Q: Next year, he did not pay the second installment, can the creditor file another case?
 A: YES, because this time it is the exception. Every installment is one cause of action even if
there is only one note. Remember that they are to be performed at different times.
Q: Next year, he did not pay the second installment, can the creditor file another case?
 A: YES, because this time it is the exception. Every installment is one cause of action even if
there is only one note. Remember that they are to be performed at different times.
R3: EXAMPLE: In 2008, the debtor did not pay but the creditor did not file any case. Then this year, the
second installment was not also paid.
Q: Is the creditor correct if he files two separate actions?
 A: He is wrong. When all the installment are already due and the creditor has not filed any case
for the collection of the first installment, this time, when he files for collection of the unpaid
second installment, everything must be integrated.
If you do not file a claim for one, it is deemed barred. So for example, if you will wait for the
entire note to mature, you cannot apply rule 2. You should only file one action and you go back
to the general rule.
R4: EXAMPLE: Let us suppose that in the preceding problems when the first installment fell due the
creditor demanded payment for the first installment from the debtor but the latter refused to pay
claiming that there was no loan and the promissory note is a forgery how many causes of action are
there?
 Now, in that kind of statement, he is repudiating the entire note. So under rule #4, the creditor
can file a case for the entire loan of because it has been repudiated. If you only file only one for
the first installment which fell due, then another for the others, it will be useless because he will
still maintain the same position. So you do not wait anymore for the 2nd and 3rd installments to
fall due. You file only one case for the entire breach. There is a total breach for a continuing
obligation and there is now only one cause of action for the entire promissory note. The
anticipatory breach committed by the defendant entitles the plaintiff to only one cause of
action.
JOINDER OF CAUSES OF ACTION
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 of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. (5a)
 JOINDER OF CAUSES OF ACTION - Joinder of causes of action is the provision of the Rules which
allows a party to join in one pleading two or more causes of actions against the opposing party.
 THE PRINCIPLE: You cannot file more than one case when you have only one cause of action
BUT the law allows you to file one case for more than one cause of action.
 JOINDER OF CAUSES OF ACTION is NOT MANDATORY, it is permissive.
 How may causes of action be joined? It may be joined either thru:
o ALTERNATIVE JOINDER - exists when your cause of action is either one or the other. You
are not seeking relief from both but from either one.
o COMMULATIVE JOINDER - exists when you are seeking relief for all your causes of
action.
 REQUISITES for a proper joinder of causes of action:
(a) The party joining the causes of action shall comply with the rules on joinder of
parties; (JOINDER OF PARTIES)
 REQUIREMENT: Joinder of parties is only allowed if there is a common question
of fact or law involved in that case.
 Proper joinder of parties requires that the right to relief should arise out of the
same transaction or series of transactions and that there exists a common
question of law or fact.
(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 (RTC) and
the venue lies therein; and
(d) 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.
MISJOINDER OF CAUSES OF ACTION
Section 6. Misjoinder of causes of action. – Misjoinder of 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 the initiative of the court, be
severed and proceeded with separately. (n)
 MISJOINDER OF CAUSES OF ACTION - There is misjoinder when two (2) or more causes of action
were joined in one complaint when they should not be joined.
 COUNTERPART is MISJOINDER OF PARTIES (Rule 3, Sec 11)
o RULE 3, Sec. 11. Misjoinder and non-joinder of parties. - Neither misjoinder nor nonjoinder of parties 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 of the
action and on such terms as are just. A claim against a misjoined party may be severed
and proceeded with separately.
RULE 3: PARTIES TO CIVIL ACTIONS
Section 1. Who may be parties; plaintiff and defendant. – Only natural or juridical persons, or entities
authorized by law may be parties in a civil action. The term “plaintiff” may refer to the claiming party,
the counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The term
“defendant” may refer to the original defending party, the defendant in a counterclaim, the crossdefendant, or the third (fourth, etc.)[-]party defendant. (1a)
 Who may be a party to a civil action?
o Only natural or
o juridical persons, or
o entities authorized by law
 EXAMPLES OF “ENTITIES AUTHORIZED BY LAW”:
o 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 names and addresses of the persons composing
said entity must all be revealed.
o LABOR UNION or organization under the Labor Code. It is an entity authorized by law to
file a case in behalf of its members.
o The STATE or its POLITICAL SUBDIVISIONS
o PARTNERSHIP BY ESTOPPEL
o CORPORATIONS BY ESTOPPEL
o FOREIGN CORPORATIONS (Sec 160, RA 8293)
 Any foreign national or juridical person who meets the requirements of Section
3 of this Act and does not engage in business in the Philippines may bring a civil
or administrative action hereunder for opposition, cancellation, infringement,
unfair competition, or false designation of origin and false description, whether
or not it is licensed to do business in the Philippines under existing laws.
REAL PARTY IN INTEREST
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)
 NOTE: A representative may file a case but it must be in the name of the real party in interest.
 INTEREST - Interest within the meaning of the rule means material interest or an interest in
issue and to be affected by the decree, as distinguished from mere interest in the question
involved or a mere incidental interest.
 IS SOLE PROPRIETORSHIP ALLOWED TO SUE? (EJERCITO VS MR VARGAS CONSTRUCTION)
o A sole proprietorship does not possess a juridical personality separate and distinct from
that of its owner. Hence, it has no personality to sue and be sued. (REMEDY: sue the
owner) [NOTE: different from sole corporation]
 HOW ABOUT A GROUP OF COMPANIES? (LITONJUA VS VIGAN)
o
The Litonjua GROUP OF COMPANIES cannot be a party to this suit for it is not a legal
entity with juridical personality. It is merely a generic name use to describe collectively
various companies in which Litonjua family has business interest. (REMEDY: sue the
companies composing the group of companies)
 “Every action must be prosecuted or defended in the name of the real party in interest” [Unless
otherwise authorized by law or these Rules]
 SALONGA VS BARNES
o The real property in interest is the principal, the owner of the property. K is only an
attorney-in-fact. An attorney-in-fact cannot use in his own name because he is not the
real party in interest. K is given the authority to sue, to manage, hire a lawyer but not as
the plaintiff because the real party in interest is A. The complaint should be captioned
as “A, plaintiff vs. L, defendant.”
o “K, as attorney-in-fact of A, plaintiff vs. L, defendant” – is this proper? NO.
 This is even worse because K is admitting that he is only an attorney-in-fact so it
becomes more obvious that he is not the real party in interest. If K wants to
include his name, it should read: “A, plaintiff, represented by K, his attorney-infact vs. L, defendant.”
REPRESENTATIVE PARTY
Section 3. Representatives as parties. – Where the action is allowed to be prosecuted or 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 party in interest. A representative may be a trustee of an
express 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)
 NOTE: Under the new Rules, if one is filing a case as a representative, he must attach a copy of
his authority. Otherwise, the case will be dismissed.
 CAN MAMMALS SUE? (Resident mammals VS Sec Reyes, et al)
o locus standi in environmental cases has been given a more liberalized approach.
Resident marine mammal in this case were duly represented by stewards who are
natural person.
o It is worth noting here that the Stewards are joined as real parties in the Petition and
not just in representation of the named cetacean species. The Stewards, Ramos and
Eisma-Osorio, having shown in their petition that there may be possible violations of
laws concerning the habitat of the Resident Marine Mammals, are therefore declared to
possess the legal standing to file this petition.
 CHING VS CA
o A did was to file a case against the “defendant and/or the estate of defendant.” A
obtained a judgment against the ‘defendant and/or the estate of defendant.’ ” A
obtained a judgment against the ‘defendant and/or the estate of defendant.’
o Is the judgment valid?
 NO. It is void for lack of jurisdiction over his person. He was not, and he could
not have been validly served with summons. He had no more civil personality.
His juridical personality, that is fitness to be subject of legal relations, was lost
through death.

The same conclusion would still inevitably be reached notwithstanding joinder
of B’s estate as co-defendant. It is a well-settled rule that an estate can sue or
be sued through an executor or administrator in his representative capacity.
Section 4. Spouses as parties. – Husband and wife shall sue or be sued jointly, except as provided by law.
 EXCEPTIONS:
o in case of Complete Separation of Property
o When it involves a property exclusively owned by one spouse.
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)
PERMISSIVE PARTIES
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. (6)
 REQUIREMENT in order to join two or more parties?
o 1. There is a right to relief in favor of or against the parties joined in respect to or arising
out of the same transaction or series of transactions; and
o 2. There is a question of law or fact common to the parties joined in the action.
 QUESTION OF LAW – it happens when the doubt of difference arises as to what
the law is in a certain state of facts;
 QUESTION OF FACT – arises when the truth or falsehood of the alleged facts is in
issue.
 Why does the law encourage joinder of parties?
o 1) to promote convenience in trial;
o 2) to prevent multiplicity of suits;
o 3) to expedite the termination of the litigation; and
o 4) to attain economy of procedure under which several demands arising out of the same
occurrence may be tried together thus avoiding the repetition of evidence relating to
facts common to the general demands.
 NOTE: WHEN THERE IS JOINDER OF PARTIES, THERE IS ALSO A JOINDER OF CAUSES OF ACTION.
BUT THERE CAN BE A JOINDER OF CAUSES OF ACTION WITHOUT A JOINDER OF PARTIES.
INDISPENSABLE PARTY
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)
 Compulsory joinder of indispensable parties
 Guy vs Guy - is a party who has such an interest in the controversy or subject matter that the
final adjudication cannot be named in its absence without injuring or affecting that interest. A
finding who has not only an interest in the subject matter of the controversy but also has
interest of such nature, that the final decree cannot be made without affecting his interest or
leaving the controversy in such a condition that its final determination made only inconsistent
with equity and good conscience.
 PIMENTEL - An indispensable party is one who must be included in an action before it may
properly move forward. So meaning, you cannot secure a complete determination of the case
without joining the indispensable party.
 WHAT HAPPENS TO THE CASE IF ONE OF THE INDISPENSABLE PARTY IS ABSENT?
o ARCELONA VS CA – it renders all subsequent actions of the court null and void for want
of authority to act not only to the absent parties but even as those present. xxx
o Who has the burden to procure all indispensable parties?
 It is the duty of the plaintiff.
o BUT in the case of LANDBANK VS CACAYURAN (2015) – The non-joinder of
indispensable parties is not a ground for the dismissal of an action. At any stage of a
judicial proceeding and/or such times as are just parties may be added on the motion of
a party or on the initiative of the tribunal concern.
 If the plaintiff refuses to implead an indispensable party despite the order of the
court, the court may dismiss the complaint for failure to comply with the order.
The REMEDY is to implead the non-party claimed to be indispensable.
NECESSARY PARTY
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)
 Implead all necessary parties if one seeks for a complete relief.
DISTINCTIONS BETWEEN INDISPENSABLE PARTY AND NECESSARY PARTY
INDISPENSABLE PARTY
NECESSARY PARTY
It is one where an action cannot proceed unless
The action can proceed even in the absence of a
they are joined
necessary party
No valid judgment if indispensable parties are not The case may be determined in court but the
joined
judgment will not resolve the entire controversy
if a necessary party is not joined
They are those with such an interest in the
They are those whose presence are necessary to
controversy that a final decree would necessarily adjudicate the whole controversy whose
affect their rights so the court cannot proceed
interests are so far inseparable that a final decree
without their presence.
can be made in their absence without affecting
them
EXAMPLES:
 JOINT DEBTOR is an indispensable party (with regard to their own share) in a suit against him
but a necessary party (with respect to the share of others) in a suit against his co-debtor.
 In a suit brought by a creditor against one solidary debtor, the other solidary debtor is neither
indispensable nor a necessary party.
 In an action for partition, all co-owners are considered as indispensable parties.
 The principal debtor is a necessary party in an action for collection of sum of money instituted
by the creditor against the surety.
o
REVIEW: The difference between a surety and a guarantor? The liability of guarantor to
the creditor is only secondary. Meaning, the guarantor is only liable to the creditor if the
principal debtor cannot pay like when the debtor is insolvent. On the other hand, a
surety is principally liable to the creditor whether or not the debtor can pay.
EFFECTS OF NON-JOINDER OF NECCESARY PARTY
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)
 If a pleader has no intent to implead a necessary party, the pleader is under obligation to:
o (a) set forth the name of said necessary party, if known, and
o (b) state the reason why the necessary party is omitted.
 Effect of justified failure to implead a necessary party
o Assuming that a necessary party cannot be impleaded, his non-inclusion does not
prevent the court from proceeding with the action. The judgment rendered shall be
without prejudice to the rights of such necessary party.
 When court may order joinder of a necessary party and effect of failure to comply
o the failure to comply with the order of inclusion without justifiable cause shall be
deemed a waiver of the claim against such (necessary) party.
UNWILLING CO-PLAINTIFF
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.
 REQUIREMENT: (RESDENT MAMMAL CASE) The unwilling parties name cannot be simply
included in the petition without his or her knowledge and consent. As such, it would be a denial
of due process.
EFFECTS OF MISJOINDER AND NON-JOINDER OF PARTIES
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 of the action and on such terms as are just. Any claim
against a misjoined party may be severed and proceeded with separately. (11a)
 misjoinder nor non-joinder of parties is NOT a ground for dismissal of an action.
 Misjoinder of Parties - Meaning, you joined a party in the case, but he is not supposed to be
joined.
 Non-joinder of Parties - It means that there is a party who ought to be joined but was not joined.
CLASS SUIT
Section 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.
 Somehow an exception to Section 2.
 A.k.a. DOCTRINE OF VIRTUAL REPRESENTATION
 REQUISITES OF A CLASS SUIT
o The subject matter of the controversy is one of common or general interest to many
persons;
o The parties are so numerous that it is impracticable to bring them before the court.
o The object of the suit is to obtain relief for or against numerous persons as a group and
not separate distinct individuals
 BORLAZA VS POLISTICO
o To become a member of this association by contributing a certain sum of money. And
then every Sunday after mass, half of the collection will go to the treasurer of the
association. The other half will be raffled off. This has been going on for months and
years. The time came when the funds of the association became very big. Some of the
members, in behalf of all the members, decided to file a case against the officers to
render an accounting of all the amounts. ISSUE: Is the suit filed by some members in
behalf of some members proper?
 YES. (1) The subject matter of controversy is of common or general interest of
the persons – the money, which is the subject of accounting;
 (2) the parties are numerous which are impracticable to bring before the court –
the parties are so many and some cannot be located, it cannot even be
identified who are members of this association. This qualifies as class suit.
 Distinct from a joinder of parties – class suit (common interest) but in joinder of parties
(separate interest)
 SULO NG BAYAN VS ARANETA
o ISSUE #1: Whether or not the action was filed in the name of the real in interest.
 HELD: Sulo ng Bayan is not the real party in interest. It violates Section 2 – “the
action must be prosecuted and defended in the name of the real parties in
interest.” The members occupying the land are the plaintiffs. The association is
not the one occupying the lot. So, the first question is, who should be the
plaintiff? It should be the members.
o ISSUE #2: Whether or not the action was properly pleaded as a class suit
 HELD: NO. This is the more important reason why they cannot qualify as a class
suit: In a class suit, the subject matter is of common interest to all. In this case,
the interest of a member is separate in distinct from that of the other. Hence, all
members must be impleaded in the suit.
 BULIG-BULIG KITA KAMAGANAK ASSOCIATION, ET AL vs. SULPICIO LINES
o The survivors have no interest in the death of other passengers. The interest in this case
is individual. What would have been proper is permissive joinder of parties because of
common question of tact or law, but not class suit.
 OPOSA vs. FACTORAN
o HELD: The civil case is indeed a class suit. The case however has a special and novel
element. The personality of the minors to sue for the succeeding generations is based
on the concept of inter-generational responsibility insofar as a balanced and healthful
ecology is concerned. Every generation has a responsibility to preserve the ecology. The
minors’ right to a healthful environment constitute at the same time the performance of
the obligation to ensure the protection of the rights or the generations to come
 JUANA COMPLEX 1 HOMEOWNERS ASSOCIATION VS PHILESTATE INCORPORATED (2012)
o Case filed by commuters of Lapaz Road due to the closure of the said road by the
Government.
 This is a class suit. The subject matter of the instant case which is the closure
and excavation of the La Paz Road is initially shown to be of common or of
general interest to many persons.
 MATHAY VS CONSOLIDATED BANK
o It is not a common question of law that sustains a class suit but a common interest in
the subject matter of the controversy.
o

In the instant case, the interest that appellants, plaintiffs and intervenors, and the CMI
stockholders had in the subject matter of this suit was several, not common or general in the
sense required by the statute. Each one of the appellants and the CMI stockholders had
determinable interest; each one had a right, if any, only to his respective portion of the stocks.
No one of them had any right to, or any interest in, the stock to which another was entitled.
In case of doubt should a class suit be allowed?
o NO, in case of doubt a class suit should not be allowed. When the issue is not so clear a class suit
should not be allowed because a class suit is an exception to the general rule that all parties
should be included.
o CADALIN VS POEA - While it is true that class suit is allowed, it should be allowed with
o
caution because the fact that you represent others is only a fiction of law. For all you
know, those others may not want to be represented. That is why the court is extracautious in allowing class suits because they are the exceptions to the condition sine
qua non requiring joinder of all indispensable parties.
LIANA’S SUPERMARKET vs. NLRC
 A labor union filed a case against the employer in behalf of hundreds of
employees. Is this a representative suit or a class suit?
 Not a class suit but a representative suit.
 What makes the situation a proper case for a class suit is the circumstance that
there is only one right or cause of action pertaining or belonging in common to
many persons, not separately or severally to distinct individuals. The object of
the suit is to obtain relief for or against numerous persons as a group or as an
integral entity, and not as separate, distinct individuals whose rights or liabilities
are separate from and independent of those affecting the others.”
 In a representative suit, there are different causes of action pertaining different
persons.
 In the present case, there are multiple rights or causes of action pertaining
separately to several, distinct employees who are members of respondent
Union. Therefore, the applicable rule is that provided in Rule 3 on
Representative Parties.

NOTE:
o
o
o
o
Class suit – is one where real party in interests who sue for or in behalf of other real parties in
interest.
Representative suits – persons who are not real party in interest who sue in behalf of real party
in interest.
Derivative Suit- in corporation law, where a minority files a suit in behalf of the corporation
because intra-corporate remedy is useless.
Citizen Suit – an action filed by any Filipino citizen in representation of others including minors or
generations yet born to enforce rights and obligations under environmental law.
ALTERNATIVE DEFENDANTS
Section 13. Alternative defendants. – Where the plaintiff is uncertain against who of several persons he
is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to
relief against one may be inconsistent with a right of relief against the other. (13a)

May plaintiffs be joined in the alternative?
o YES, plaintiffs may join in the alternative under the same principle as alternative joinder
of defendants. When several persons are uncertain as to who among them is entitled to
relief from a certain defendant, they may join as plaintiffs in the alternative. This is also
sanctioned by the rule on permissive joinder of parties
UNKNOWN INDETITY / NAME OF DEFENDANT
Section 14. Unknown identity or name of defendant. – Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the
case may require; when his identity or true name is discovered, the pleading must be amended
accordingly. (14)
ENTITY WITHOUT JURIDICAL PERSONALITY
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 names and addresses of the persons composing said entity must all
be revealed. (15a)
 How to make summon to such entity?
o RULE 14, Sec. 8. Service upon entity without juridical personality. When persons
associated in an entity without juridical personality are sued under the name by which
they are generally or commonly known, service may be effected upon all the
defendants by serving upon any one of them, or upon the person in charge of the
office or place of business maintained in such name.
 Judgment against entity without juridical personality
o RULE 36, Sec. 6. Judgment against entity without juridical personality. When judgment is
rendered against two or more persons sued as an entity without juridical personality,
the judgment shall set out their individual or proper names, if known.
EFFECT OF A DEATH OF A PARTY
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 this 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.
 Why there is a duty for the counsel to inform the court of the fact of death?
o Judge Sumaliag vs SPS Letirator (2008) – When a party dies the counsel must inform the
court because incidentally this is the only representation that the counsel can undertake
after the death of a client. As the fact of death terminates any lawyer-clientrelationship.
 Purpose of Section 16?
o REGALADO VS REGALADO – It is intended to protect every parties right to due process.
No adjudication can be made against the successor of the deceased if the fundamental
right to a day in court is denied.
 After the court receives Notice - The court must determine if the action survive the death of the
party. (or not survive)
o Action that survives – actually they are those actions pertaining to properties.
 Examples of actions which do not survive:
o Annulment of marriage
o Action for support
 Examples of cases that survive the death of the party:
o An action to recover a real or personal property or interest from an estate
o An action to enforce lien on a property
o An action to recover damages to injury to property, real or personal
o Money claims
EFFECTS OF NON-COMPLIANCE WITH THE RULE ON SUBSTITUTION
 BRIOSO – Non-compliance with the rules on substitution of a deceased party renders the
proceedings of the trial court infirm because the court acquired no jurisdiction over the person
of the legal representative of heirs of the deceased because no man should be affected by a
proceeding to which he is a stranger. A party to be affected by a personal judgment must have a
day in court and an opportunity to be heard. (Judgement is defective)
 VDA. DE SALAZAR vs. CA - When there is failure to effectuate the substitution of heirs before the
rendition of judgment, is the judgment jurisdictionally defective?
o NO, “the judgment is valid where the heirs themselves appeared before the trial court
and participated in the proceedings. Therein, they presented evidence in defense of the
deceased defendant. It is undeniably evident that the heirs themselves sought their day
in court and exercised their right to due process.”
 Capitolina Nafere vs Barbalona (2008) – It is only when there is denial of due process as when
the deceased is not represented by any legal representative or heir but the court nullifies the
proceedings and the resulting judgment thereof.
 IS THE RULE IN SUBSTITUTION APPLICABLE IN ELECTION CASES?
o Poe v. Arroyo - a public office is personal to the public officer and not a property
transmissible to the heirs upon death. Thus, we consistently rejected substitution by the
widow or the heirs in an election protest where the protestant dies during the pendency
of the protest.
ACTION ON CONTRACTUAL MONEY CLAIMS
Section 20. Action on 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)
 What Section 20 contemplates is, there is already a pending case involving a money claim arising
from contract, expressed or implied.
 IF THE DEFENDANT DIES:
o DURING THE TRIAL BUT BEFORE JUDGMENT- shall not be dismissed but shall instead be
allowed to continue until entry of final judgment.
 the favorable decision shall be enforced as a claim in the settlement in the
estate of the deceased debtor.
o AFTER ENTRY OF FINAL JUDGMENT BUT BEFORE EXECUTION – plaintiff cannot execute
the favorable decision.
 favorable decision will have to be enforced as a claim in the settlement of the
estate of the deceased debtor, whether testate or intestate.
o AFTER ENTRY OF FINAL JUDGMENT, AND THERE’S ALREADY AN EXECUTION BUT BEFORE
THE AUCTION SALE – the auction sale shall proceed as scheduled.
 Section 20: applies to contractual money claims;
 As we said, Section 20 applies to contractual money claims. But we discussed in Section 16 na
whether it is contractual money claim or non-contractual money claim, as long as the action
survives, it will not be dismissed
 If it is NON-contractual money claim, we apply Rule 87. File a case against the executor or
administrator, or the heirs themselves.
DEATH OR SEPARATION OF A PARTY WHO IS A PUBLIC OFFICER
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 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.
 Apply to :
o When a public officer is a party in an action in his official capacity; AND
o during its pendency dies, resigns, or otherwise ceases to hold office;
 What happens to the case:
o IF THE SUCCESSOR INTENDS TO CONTINUE THE POLICY
 The successor will be substituted to the case and is given 30 days to comment;
o If the successor does not adopt the policy,
 the case will be dismissed.
INCOMPETENCY OR INCAPACITY
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.
TRANSFER OF INTEREST
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)
 What are the options in case of transfer of interest?
o The case can still be continued with the original parties.
 Whatever judgment of the court against the original party, it will still bound the
transferee. (Especially if there is a notice of lis pendens)
o The transferee can be substituted in place of the original party.
o The original party and the transferee pendent lite can just be joined together in the
action
 NOTE: 2nd and 3rd option is made on motion to the court.
INDIGENT PARTY
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.
 File a motion to be declared as a pauper litigant or an indigent litigant.
NOTICE TO THE SOLICITOR GENERAL
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 through a
representative duly designated by him. (23a)
 NOTE: Solicitor General may appoint the public prosecutor to appear on his behalf.
RULE 4: VENUE OF ACTIONS
 VENUE - is the place, or the geographical area where an action is to be filed and tried. In civil
cases, it relates only to the place of the suit and not to the jurisdiction of the court. (Manila
Railroad Company vs. Attoryney General)
VENUE OF REAL ACTIONS
Section 1. Venue of real actions. – Actions affecting title to or possession of real property, or interest
therein, 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.
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)
 Why does the law say “tried in the proper court?”
o A: It is because proper court will now be the MTC or the RTC, depending on the assessed
value of the property.
 If a property is located at the boundaries of two places:
o file the case in either place at the option of the plaintiff.
 When the case involves two properties located in two different places:
o 1) if the properties are the object of the same transaction, file it in any of the two
places; and
o 2) if they are the subjects of two distinct transactions, separate actions whould be filed
in each place unless properly joined.
PERSONAL ACTIONS
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 nonresident defendant where he may be found, at the election
of the plaintiff. (2[b]a)
 Venue of personal actions:
o 1) Where the plaintiff or any of the principal plaintiffs resides;
o 2) where the defendant or any of the principal defendants resides; or
o 3) in case of a non-resident defendant but found in the Philippines, in the place where
he may be found.
 NOTE: All at the election of the plaintiff.
 NOTE: PRINCIPAL PLAINTIFF, PRINCIPAL DEFENDANT. Because there is such a thing as nominal
defendant and nominal plaintiff.
o Example of a nominal party: SHERIFF in a case for annulment of levy or of execution
sale.
 How to distinguish real from personal action
o Example: file a complaint to annul or rescind a contract or a deed of sale over a parcel of
land which we made one year ago which land is situated in Mandaue City and the
purpose of my action is to recover the ownership of that land is this a real or personal
action?

REAL ACTION because the primary object of the suit is to recover the
ownership of real property.
o LA TONDEÑA DISTILLERS INC vs. PONFERRADA - A entered into a contract where she
committed herself to sell her land to B. A even placed a lis pendens on the property but
later she backed out. So B will file a case against A for specific performance to compel
her to sign the deed of sale. ISSUE: Is this real or personal action?
 It is a PERSONAL ACTION because you are not questioning my ownership. Here,
the plaintiff recognizes that the defendant is still the owner, which is the reason
why he is still filing the case to compel him to sell.
 What is the venue if the plaintiff does not reside in the Philippines?
o ANG VS SPS. ANG (2012) - if the plaintiff does not reside in the Philippines, the
complaint in such case may only be filed in the court of the place where the defendant
resides.
 there can be no election as to the venue of the filing of a complaint when the
plaintiff has no residence in the Philippines. In such case, the complaint may
only be filed in the court of the place where the defendant resides.
 RESIDENCE
o Natural person – residence means the actual or physical residence, and not domicile.
 Domicile – when there is intention to return. (Use in election cases)
o Juridical person – place where the principal or head office is situated.
 Hence, it cannot be sued in the place of its branch office.
 CLAVECILLA RADIO SYSTEM VS ANTILLON – Any person whether personal or
juridical can only have one residence. A corporation cannot be allowed to file a
personal action in places other than its principal office unless such place is also
the residence of a co-plaintiff or defendant.
NON-RESIDENT DEFENDANT, NOT FOUND IN THE PHILIPPINES
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)
 What are the actions which may be filed by a plaintiff against a non-resident defendant not
found in the Philippines?
o 1. The action affect the personal status of the plaintiff;
o 2. The action affects the property or any portion thereof, of the said defendant (those
properties must be located in the Philippines
 What if it is an action for collection against a non-resident defendant who is not found in the
Philippines and he has no properties in the Philippines but several properties in the US. Can he
be sued?
o NO. Because it does not affect the status of the plaintiff or properties of the defendant
located in the Philippines.
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)
 WHAT ARE THE EXCEPTIONS TO THE RULE ON VENUE
o In those cases where a specific rule or law provides otherwise
 A civil action arising from LIBEL
 The criminal action for libel shall be filed simultaneously or separately in
the RTC of the:
o a.) province or city where the libelous article is printed and first
published; or
o b.) where any of the offended parties actually resides at the
time of the commission of the offense.
 Section 5 (4), Article VIII, 1987 Constitution – The SC may order a change of
venue or place of trial to avoid a miscarriage of justice.
 LABOR CASES – venue is in the place where the workplace is situated.
o Where the parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof
 POLYTRADE CORP VS BLANCO - “I promise to pay C the sum of P200,000 one
year from today. In case of a suit arising from this promissory note, the parties
agree to sue and be sued in the City of Manila.”
 the stipulated venue is considered merely as an ADDITION to where the
parties reside. Unless the stipulation contains RESTRICTIVE words which
shows the intention of the parties to limit the place stipulated as the
exclusive venue.
 There should be qualifying or restrictive words, which would indicate
that MANILA and MANILA alone is the venue.
 EXCEPTION TO POLYTRADE CASE (SWEETLINE)
 Sweet Lines filed a motion to dismiss questioning the venue of the
action because in the ticket issued by Sweet Lines, it is stipulated that
“…in case of a civil action arising from the contract of carriage, the
venue of the action shall be the City of Cebu ONLY and in no other
place.”
o CONTRACT OF ADHESSION
o for the sake of equity, to be fair that these poor people will be
compelled to go to Cebu to file a case there. They will be
discouraged. It is very expensive to go back and forth to Cebu.
Whereas, Sweet Lines has the resources, the means, the
lawyers here in Cagayan to litigate. Therefore, it would be
inequitable to compel them or to apply the stipulation there.
 Exception to sweetline (ARQUERO CASE) – Petitioners are lawyer
 Considering the petitioner's educational attainment (being a lawyer by
profession and the Municipal Mayor of Sta. Teresita, Cagayan), he must
be charged with notice of the condition limiting the venue to Quezon
City, and by affixing his signature thereon, he signified his assent
thereto. Thus, the ruling in Sweet Lines, Inc. vs. Teves is not applicable
in this case.
 GESMUNDO vs. JRB REALTY CORP - “venue for all suits, whether for breach
hereof or damages or any cause between the LESSOR and the LESSEE, and
persons claiming under each, being the courts of appropriate jurisdiction in
Pasay City..”

Pasay City is the exclusive venue. , by laying in Pasay City the venue for
all suits, the parties made it plain that in no other place may they bring
suit against each other for breach contract or damages or any other
cause between them and persons claiming under each of them.” In
other words, the intention of the parties is to make Pasay City the
exclusive venue.
 VIRGILIO C. BRIONES v. COURT OF APPEALS AND CASH ASIA CREDIT
CORPORATION
 Briones filed a case for Nullity of Mortgage Contract, Promissory Note,
Loan Agreement, Foreclosure of Mortgage, Cancellation of Transfer
Certificate of Title and Damages against Cash Asia before the RTC of
Manila.
 it is stated in the Mortgage contract which is subject of the case that “all
legal actions arising out of this notice in connection with the Real Estate
Mortgage subject hereof shall only be brought in or submitted to the
jurisdiction of the proper court of Makati City.”
 issue: Is this a stipulation as to the exclusive venue?
o HELD: Yes, it is a stipulation as to the venue. However, he is not
bound to said stipulation.
o it must be emphasized that Briones’s complaint directly assails
the validity of the subject contracts, claiming forgery in their
execution. Given this circumstance, Briones cannot be expected
to comply with the aforesaid venue stipulation, as his
compliance therewith would mean an implicit recognition of
their validity.
 WHAT IS THE EFFECT IF A CASE IS FILED IN THE WRONG VENUE (ALTHOUGH FILED IN THE
PROPER COURT)
o The improper venue must be raised as an affirmative defense in the answer.
RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS
Section 1. Uniform procedure. – The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either
of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (n)
Section 2. Meaning of terms. – The term “Municipal Trial Courts” as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts. (1a)
REVISED RULES ON SUMMARY PROCEDURE
CASES COVERED BY THE RULES
 CIVIL CASES
o 1) forcible entry and unlawful detainer cases;
o 2) civil actions and complaints for damages where the claims do not exceed
₱2,000,000.00;
o 3) cases for enforcement of barangay amicable settlement agreements and arbitration
award where the money claim exceeds ₱1,000,000.00;
o 4) cases solely for the revival of judgment of any first level court; and
o 5) the civil aspect of violations of Batas Pambansa Blg. 22 (BP 22), if no criminal action
has been instituted.
 CRIMINAL CASES
o violation of BP 22.
o all other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding one year, or a fine not exceeding ₱50,000.00, or both, and
a fine not exceeding ₱150,000.00 for offenses involving damage to property through
criminal negligence.
o Violations of traffic laws, rules and regulations;
o Violations of rental law;
o Violations of municipal or city ordinances;
EFFECT OF FAILURE TO FILE AN ANSWER
 PERIOD TO FILE AN ANSWER
o Within ten (10) days from service of summons, the defendeant shall file his or her
answer to the complaint and serve a copy thereof on the plaintiff. (Sec. 5)
 EFFECT OF FAILURE TO ANSWER
o The court, motu proprio 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. (Sec.
6)
PRELIMINARY CONFERENCE AND APPEARANCE OF PARTIES
 Nature of preliminary conference in civil cases
o Preliminary conference in civil cases is mandatory. A preliminary conference shall be
held not later than 30 days after the last answer is filed.
 Nature of preliminary conference in criminal cases
o In criminal cases, preliminary conference is mandatory.
 NOTE:
o Trial is necessary only in criminal cases covered by the Rules on Summary Procedure. In
civil cases covered by the Rule, there is no trial involved but only the submission of the
affidavits of witnesses of the parties 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 which shall be submitted within 10 days from receipt of the order issued
by the court after the preliminary conference. (Sec. 9)
 PLAINTIFF’S FAILURE TO APPEAR IN THE PRELIMINARY CONFERNCE
o The failure of the plaintiff to appear in the preliminary conference shall be a 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 as may be warranted and
limited to what is prayed for therein. All cross claims shall be dismissed.
 DEFENDANT’S FAILURE TO APPEAR IN THE PRELIMINARY CONFERNCE
o If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment as may
be warranted by the facts alleged in the complaint and limited to what is prayed for
therein. This Rule shall not apply where one of two or more defendants sued under a
common cause of action who had pleaded a common defense shall appear at the
preliminary conference. (Sec. 7)
PLEADINGS AND MOTIONS
 Allowed pleadings
o 1. Complaint;
o 2. Compulsory counterclaim, pleaded in the answer;
o 3. Cross-claim, pleaded in the answer; and
o 4. Answer to these pleadings (Sec. 3)
 NOTE: Permissive counterclaims are not allowed.
 Prohibited motions
o 1. Motion to dismiss the complaint or to quash the complaint or information;
 XPNS:
 a. lack of jurisdiction over the subject matter; or
 b. failure to refer the case to the Lupong Tagapamayapa in cases
covered by the Katarungang Pambarangay Law;
o 2. Motion for a bill of particulars;
o 3. Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
o 4. Petition for relief from judgment;
o 5. Motion for extension of time to file pleadings, affidavits or any other paper;
o 6. Memoranda;
o 7. Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
o 8. Motion to declare the defendant in default;
o 9. Dilatory motions for postponement;
o 10. Reply;
o 11. Third party complaints; and
o 12. Interventions (Sec. 19, Ibid.)
APPEAL
 The procedure of appeal has also been simplified. Any judgment, final order, or final resolution
may be appealed to the appropriate Regional Trial Court (RTC) exercising jurisdiction over the
territory under Rule 40 for civil cases and Rules 122 for criminal cases, of the Rules of Court.
 The judgment of the RTC on the appeal shall be final, executory, and unappealable.
RULES OF PROCEDURE FOR SMALL CLAIMS CASES
SCOPE AND APPLICABILITY OF THE RULE
 The Rule shall govern procedure in actions before MeTcs, MTCCs, MTCs and MTCTs (MTCs) for
payment of money where the value of the claim does not exceed P1,000,000.
CASES COVERED BY THE RULES
 The claim or demand may be
o for money owed under contracts of lease, loan and other credit accommodations,
services, and sale of personal property.
o The recovery of personal property is excluded, unless made subject of a compromise
agreement between the parties.
o Nevertheless, the enforcement of barangay amicable settlement agreements and
arbitration awards where the money claim does not exceed ₱1,000,000.00 is likewise
covered.
COMMENCEMENT OF SMALL CLAIMS ACTION
 COMMENCEMENT OF ACTION
o A small claims action is commenced by filing with the court an accomplished and
verified Statement of Claim in duplicate, accompanied by a Certification Against Forum
Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits, and 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.
o No formal pleading, other than the Statement of Claim/s described in this Rule, is
necessary to initiate a small claims action. (Sec. 6)
 WHEN THERE ARE SEPARATE CLAIMS
o Plaintiff may join in a single statement of claim one or more separate small claims
against a defendant provided that the total amount claimed, exclusive of interest and
cost does not exceed P1,000,000.
 INDIGENT PARTY
o If one is an indigent, he may apply to the small claims court to qualify as an indigent,
and once qualified, he is exempt from payment of such fees.
 NOTE: In no case shall a party, even if declared an indigent, be exempt from the
payment of Php 1,000.00 fee for service of summons and processes in civil
cases.
 FILING OF RESPONSE
o The defendant shall file with the court and serve on the plaintiff a duly accomplished
and verified Response within a non-extendible period of 10 days from receipt of
summons
 Failure to file a response within the required period
o Should the defendant fail to file his/her/its Response within the required period, and
likewise fail to appear on the date set for hearing,
 the court shall render judgment on the same day, as may be warranted by the
facts alleged in the Statement of Claim/s.
o Should the defendant fail to file his/her/its Response within the required period but
appears on the date set for hearing,

the court shall ascertain what defense he/she/it has to offer which shall
constitute his/ her/its Response, and proceed to hear or adjudicate the case on
the same day as if a Response has been filed. (Sec. 14, Ibid.)
PROHIBITED PLEADINGS
1. Motion to dismiss the complaint;
NOTE: The amended rules on small claim removed the exception on motion to dismiss
based on lack of jurisdiction. The grounds for the dismissal of the claim, under rule 16 of
the rules of court, should be pleaded. (Sec. 11, A.M. No. 08-8-7-SC)
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; and
12. Interventions
APPEARANCES
 Appearance of parties
o The parties shall personally appear on the designated date of hearing. Appearance
through a representative must be for a valid cause.
o NOTE: The representative of an individual-party must not be a lawyer and must be
related to or next-of-kin of the individual-party. Juridical entities shall not be
represented by a lawyer in any capacity.
 When SPA is required
o The representative must be authorized under a Special Power of Attorney:
 1. To enter into an amicable settlement of the dispute; and
 2. To enter into stipulations or admissions of facts and of documentary exhibits.
(Sec. 18)
 Prohibition against appearance of lawyers
o Lawyers are not allowed to appear at the hearing unless they are the plaintiff or the
defendant. However, since the process is still a legal process, the parties and their
authorized representatives can still consult with a lawyer to assist them to prepare for
the hearing or for other matters outside the hearing. (Sec. 17, Ibid.)
NON-APPEARANCE OF A PARTY
 1. If the plaintiff does not appear,
o the claim shall be dismissed without prejudice. The defendant who appears shall be
entitled to judgment on a permissive counterclaim.
 2. If the defendant does not appear,
o the effect will be the same as failure to file a Response. 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.
 3. If both parties do not appear,
o the claim and counterclaim shall be dismissed with prejudice.
UPDATES (MARCH 1, 2022)
 The Rules allows the service of summons by the plaintiff if returned unserved by the sheriff or
proper court officer, or if it shall be served outside the judicial region of the court where the
case is pending.
 If the case is dismissed without prejudice for failure to serve summons, the case may be refiled within one year from notice of dismissal, subject to the payment of a reduced filing fee of
₱2,000.00.
 Notices may now be served through mobile phone calls, SMS, or instant messaging software
applications. While videoconferencing hearings should be conducted using the Supreme Courtprescribed platform, the court may allow the use of alternative platforms or instant messaging
applications with video call features, under certain conditions. The 30-day period within which
to set the hearing was extended to 60 days if one of the defendants resides or is holding
business outside the judicial region of the court. There shall only be one hearing day, with
judgment rendered within 24 hours from its termination.
 The Rules maintained that the decision rendered by the first level courts in small claims shall be
final, executory and unappealable.
FINALITY OF JUDGMENT
 After the hearing, the court shall render its decision based on the facts established by the
evidence, within 24 hours from termination of the hearing. The decision shall immediately be
entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith
served on the parties.
 A decision in small claims cases is final, executory and unappealable.
REMEDY OF A PARTY
 The rule does not preclude a party from filing a petition for certiorari under Rule 65 when there
is grave abuse of discretion amounting to lack or excess of jurisdiction in relation to a judgment
in a small claims action (such a petition is prohibited with regard to interlocutory orders).
 Further, the aggrieved party can also file an action for annulment of judgment when the
requirements under the Rules of Civil Procedure are complied with.
DISTINCTION BETWEEN SUMMARY PROCEDURE AND SMALL CLAIMS
RULES ON SUMM. PROCEDURE
RULES ON SMALL CLAIMS
Money claim does not exceed P2,000,000
Money claim does not exceed 1,000,000
May be appealed to the RTC. BUT RTC’s decision
MTC’s decision is final, executory and
is final, executory and unappealable.
unappealable.
Civil and criminal cases
Apply to cases purely civil and nature
A lawyer may appear
A lawyer cannot appear unless he is the party
Use of affidavits and position paper as substitutes Use of pre-prepared forms as substitute for
for testimony, a speedy resolution of cases.
pleadings for the purpose of avoiding cost in
resolving as small claim as expeditiously as
possible.
KATARUNGANG PAMBARANGAY
SUBJECT MATTER FOR AMICABLE SETTLEMENT
 The Lupon of each barangay shall have authority to bring together the parties actually residing
in the same city or municipality for amicable settlement.
o 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 (Php5,000.00) Pesos;
 d. Offenses where there is no 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 appropriate lupon;
 f. Disputes involving parties who actually reside in different barangays of
different cities and municipalities except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by appropriate lupon; and
 g. Such other classes of disputes which the President may determine in the
interest of justice or upon recommendation by the Secretary of Justice.
VENUE
The venue of the conciliation proceedings shall be:
1. Where the parties reside in the same barangay – the dispute shall be brought in said
barangay;
2. Where the parties reside in different barangays in the same city or municipality – the dispute
shall be settled in the barangay where the respondent or any of the respondents actually
resides, at the choice of the complainant;
3. Disputes involving real property shall be brought for settlement in the barangay – where the
real property or larger portion thereof is situated; or
4. Disputes 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 situated. (Sec. 409, RA No. 7160; Sec. 3, Rule VI, Katarungang
Pambarangay Rules)
 NOTE: Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, the same shall be deemed waived.
WHEN 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
proceedigs;
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. [Sec. 412(b), RA No.
7160]
Pangkat ng Tagapagkasundo
 For each dispute brought before the lupon, a conciliation panel known as the pangkat ng
tagapagkasundo, consisting of three members, chosen by the parties to the dispute from the list
of members of the lupon shall be constituted
 If the parties fail to agree, the members of the pangkat shall be determined by lots drawn by the
lupon chairman.
Duties of the Pangkat Tagapagkasundo
1. Convene not later than three days from its constitution, on the day and hour set by the lupon
chairman;
2. Hear both parties and their witness;
3. Simplify issues; and
4. Explore all possibilities for amicable settlement.
Powers of the Pangkat Tagapagkasundo
1. Issue summons for personal appearance of parties and witnesses.
2. If a party moves to disqualify any member of the pangkat for grounds discovered after its
constitution, matter shall be resolved by the affirmative vote of the majority of the pangkat.
CASES:
 A prior recourse to barangay conciliation is a precondition before filing a complaint in court or
any government offices. Non-compliance with the said condition precedent could affect the
sufficiency of the plaintiff’s cause of action and make his complaint vulnerable to dismissal on
ground of lack of cause of action or prematurity; but the same would not prevent a court of
competent jurisdiction from exercising its power of adjudication over the case before it, where
the defendants failed to object to such exercise of jurisdiction. (Sps. Santos v. Sps. Lumbao, G.R.
No. 169129, 2007)
 Non-compliance with barangay conciliation should be raised as an affirmative [defense] in an
answer on the ground of failure to comply with the condition precedent, otherwise it is deemed
waived.
EXECUTION
 The amicable settlement and arbitration award may be enforced by execution by the lupon
within six (6) months from date of settlement. After such time, it may be enforced by action in
appropriate city or municipal court.
REPUDIATION
 Repudiation of Settlement A party to a dispute may, within ten (10) days from the date of
settlement, repudiate the same.
 Grounds for Repudiation
o 1. Vitiated consent by a. Force b. Violence c. Intimidation