CHAPTER 1 GENERAL PROVISIONS | RULE 1
Uniform Procedure
The Procedure of the MTC – MuTC, MuTCC, MCTC,
MeTC – shall be the SAME as the RTC.
Applicability
General Rule

Exception to Uniform Procedure
The Rules of Court apply in all courts in the country.
Exception

It becomes inapplicable to certain courts or other
bodies exercising judicial or quasi-judicial powers
when its provision forbids it application.
Cases Governed
The Rules of Court applies to civil actions, criminal
actions, and special proceedings.
Where a particular provision expressly or impliedly
mandates its application to only one of these courts.
Such the 1991 Revised Rules of Summary Procedure
which is only applicable at the MTC, not cognizable in the RTC.
Rules of Court as Law
The ROC is considered has a force and effect of a law.
Not a substantive law, but a procedural one.
Substantive Law vs. Procedural Law
The Rules of Civil Procedure refers only to civil
actions, either ordinary or special.
Substantive Law
Not Applicable in Cases
Creates, define, or regulates rights concerning life,
liberty, or property or the powers of agencies or
instrumentalities for the administration of public affairs.
The provisions of the Rules of Court cannot be applied
Operates prospectively and cannot be retroactively.
for:
1.
election cases
2.
land registration cases
3.
cadastral
4.
petition for naturalization
5.
insolvency proceedings
Not applicable to other cases which are not provided
under the Rules except by analogy or in suppletory character
when the same is practicable and convenient.
Procedural Law
Refers to the adjective law which prescribes rules
and forms of procedure so the courts may be able to
administer justice.
It does not come within the legal conception of a
retroactive law.
Procedural law must yield to substantive laws and not
subvert or override. It meant to operationalize and give effect
to substantive law.
Retroactive Application of ROC
Civil Actions
Civil Action
Rules of procedure can be given retroactive
application since there is no vested right therein.
One by which a party sues another for the
enforcement or protection of a right or the prevention or
redress of a wrong.
Retroactive application on actions which are pending
and undetermined at the time of its passage, insomuch as no
vested right in rules of procedure.
May be either original or special.
In case of conflict, the prescribed rule for that special
action shall prevail.
Is it absolute?
No retroactive application if it will impair vested
rights.
General Rule

Original and special civil actions are governed by the
rules for ordinary actions.
Exceptions
1.
Where the statute itself expressly or by necessary
implications provide that pending actions are
excepted from its operation.
2.
Where to apply it to pending proceedings would
impair vested rights.
Exception

Subject to specific rules prescribed for special actions.
Special Proceeding
A petition for a declaration of a status, right or fact.
Construction and Application of the Rules
Procedural rules are designed to insure the orderly
and expeditious administration of justice.
Designed such that parties in litigation are accorded
full and fair opportunity to present their respective positions.
What is the general rule?
General Rule:

The rules must be strictly construed and applied.
Exception

Liberal construction is applied if it will serve the
purpose of promoting it’s objective, that is, to secure
a just, speedy, and inexpensive disposition of every
action or proceeding.
Concomitant to a liberal application of the rules of
procedure should be an effort on the part of the party invoking
liberality to explain his or her failure to abide by the rules.
Party invoking liberality to advance a reasonable or
meritorious explanation for his or her failure to comply with
the rules.
CHAPTER 2 ORDINARY CIVIL ACTIONS | RULE 2
Commencement of Civil Action
Elements
1.
A right in favor of the plaintiff, by whatever means
and under whatever law it arises or is created.
2.
An obligation on the part of the named defendant to
respect or not to violate such right.
3.
An act or omission on the part of such defendant in
violation of such right of the plaintiff or constituting a
breach of the obligation of the defendant to the
plaintiff for which the latter may maintain an action
for recovery for damages.
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 regards to him or her
on the date of the filing of such later pleading, irrespective of
whether the motion of its admission, if necessary, is denied by
the court.
Date of filing is the actual date appearing on the
stamped receipt placed by the court on the pleading.
If filed by mail, the date of mailing thereof as
appearing on the stamp mark placed by the postal service shall
be deemed as the date of its filing.
Subject to requisite payment of the docket fees.
Absent such right or violation of that right, a party
cannot be said to have a cause of action.
In a written contract, the cause of action does not
accrue until the party under obligation refuses, expressly or
impliedly, to comply with his or her duty therein.
When demand is necessary, the right accrues only if
the obligor refused to comply therewith despite such demand.
As to Additional Defendants
Additional defendants who are impleaded by the
amendment of the complaint or otherwise, the
commencement of the action as against him or her is the date
of the actual filing of such pleading or amendment.
Sufficiency of Cause of Action
Commencement is not affected by the subsequent
ruling of the court granting or denying the admission of such
pleading or amendment which seeks to implead them.
Where the defendant raises the defense that plaintiff
has no cause of action or failed to state a cause of action, it is
tantamount to the hypothetical admission of the material facts
alleged in the complaint.
Importance of this provision
It stresses that commencement of the action
effectively interrupts the running of the prescriptive period of
the case.
When an action is eventually dismissed without
prejudice to its refiling, the period which lapsed prior to the
commencement of the action and the period which lapsed
during the intervening period prior to the refiling may be
determined with certainty.
This period is then used as reference in determining
whether or not the refiling of such action is already barred by
Statute of Limitation.
Basis of Ordinary Civil Actions
It must be based on a cause of action. If not, it is
dismissible.
When the plaintiff is not the real party of interest, the
action is dismissible on the ground of lack of cause of action.
The purpose is to prevent the prosecution of actions
by persons without any right, title, or interest in the case and
to require that the actual party entitled to legal relief be the
one to prosecute the action.
Intended to avoid multiplicity of suits and discourage
litigation and keep it within certain bounds, pursuant to public
policy.
Cause of Action
Cause of Action
The act or omission by which a party violates a right
of another.
It is sufficient if a valid judgement may be rendered
thereon if the alleged facts were admitted or proved.
Exceptions to Hypothetical admission
1.
When the falsity thereof is subject to judicial notice.
2.
Where the allegation is legally impossible.
3.
When the facts alleged is inadmissible in evidence or
the facts alleged appear to be unfounded on the
record or document included in the pleading.
Failure to State a Cause of Action
It is of most importance that the party instituting the
action must state his or her cause of action in the complaint or
the initiatory pleading.
Leave of court may be refused by the court to amend
a complaint which stated no cause of action from the
beginning.
Failure to State a Cause of Action vs. Insufficiency of Cause of
Action
Failure to state a cause of action and lack of cause of
action are both no longer available as grounds in a motion to
dismiss.
In determining whether or not the complaint states a
cause of action, the court is faced with the issue on the
sufficiency of the allegations in the pleading. If the court may
validly grant the relief prayed for when the truth of the
allegations of facts in the complaint are hypothetically
admitted, then the pleading sufficiently stated a cause of
action
Sufficiently stated a cause of action = Court could
validly grant the relief prayed for when truth of allegation of
facts are hypothetically admitted.
Only the statements in the complaint may be
considered by the court.
2.
The joinder shall not include special civil actions or
actions governed by special rules;
The court cannot take cognizance of external facts or
even hold preliminary hearings to determine the existence of
these facts.
3.
Where the causes of action are between the same
parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and
the venue lies therein; and
4.
Where the claims in all the causes of action are
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
It also without regard to any defense that may be
assessed by the defendant.
The court may not even inquire the truth of these
allegations.
Lack of insufficiency of cause of action refers to the
insufficiency of the factual basis of the action. This is
determined after stipulations and admissions are made or
after the conduct of hearing on the merits of the case.
Splitting a Single Cause of Action
A party may not institute more than one suit for a
single cause of action.
The institution of more than one suit for a single
cause of action amount to splitting a sing cause of action.
Effects of Splitting a Single Cause of Action
If two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgement upon the
merits in any one is available as a ground for the dismissal of
the others.
1.
2.
The filing of the second and subsequent suits based
on the same cause of action will become an available
ground for the dismissal of the other actions.
When a judgement on the merits is rendered on any
of these actions instituted, such judgement shall be a
ground for the dismissal of the other cases.
Misjoinder of Causes of Action
If several causes of action are instituted in one
pleading and does not conform with these conditions.
Effects of Misjoinder of Causes of Action
It is not a ground for dismissal of an action.
On motion of a party (sus sponte) or on the initiative
of the court, be severed and proceeded with separately.
If there is no objection raised to the improper joinder
of the causes of action or the court did not motu proprio direct
a severance thereof, then there exist no bar in the
simultaneous adjudication of all the erroneously joined cause
of action.
Only applies if the court trying has jurisdiction of all
the causes of action therein.
If the court trying the case has no jurisdiction, any
adjudication rendered by the court with respect to the same
would be a nullity.
Reason of misjoinder of Ordinary and Special Civil Action
Joinder of Cause of Action
Joinder of Cause of Action
A party may assert as many causes of action which he
or she may have against another party.
Meant the uniting of two or more demands or rights
of action in one action, the statement of more than one cause
of action in a declaration.
Union of two or more civil causes of action, each of
which could be made the basis of a separate suit.
Several distinct demands, controversies, or right of
action may be joined in one declaration, complaint, or petition.
Objective
To avoid the multiplicity of suits where the same
parties and subject matter are to be dealt with by effecting in
one action a complete determination of all matters in
controversy and litigation between the parties involving one
subject matter, and to expedite the disposition of litigation at
minimum cost.
Must be so without prejudice to the right of the
litigants.
Conditions
1.
The party joining the causes of action shall comply
with the rules on joinder of parties;
To avoid confusion in determining what rules shall
govern the conduct of the proceeding as well as in the
determination of the presence of requisite elements of each
particular cause of action.
CHAPTER 3 PARTIES OF CIVIL ACTION | Rule 3
Who are the parties?
The parties to a civil action may either be:

Natural person

Juridical Person

Entity authorized by law.
Juridical Person Authorized by Law
The State and its political subdivisions.
Other corporations, institutions and entities for
public interest or purpose, created by law; their personality
begins as soon as they have been constituted according to law.
Corporations, partnerships, and associations for
private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each
shareholder, partner or member.
The facts showing the capacity to sue or to be sued
must be averred in the pleading.
Failure to show that it is a juridical entity means it is
devoid of any legal capacity to institute any action.
Mere allegation of membership are insufficient and
inconsequential since a federation has a separate juridical
personality.
No need to refer to the defendant as plaintiff in such
counterclaim.
In a cross-claim which the defendant may file against
a co-defendant, the co-defendant sued shall be referred to as
a cross-defendant while the defendant who sued him or her is
called a cross claimant.
May the defendant file a claim against a person not a party
to the original action?
Yes, any of the parties may sue another person who
is not a party to the original action for contribution, indemnity,
subrogation, or any other relief in respect of his or her
opponent’s claim. They shall be referred to as a third (fourth,
etc.) -party plaintiff and third (fourth, etc.) -party defendant.
Requires a prior leave of court.
When leave to file the third-party complaint is
properly granted, the court renders in effect two judgements
in the same cause – on the original complaint and one on the
third-party complaint.
Failure of any of said parties in such a case to appeal
the judgement as against him or her makes such final
judgement and executory.
The purpose of allowing a third (or fourth, etc.) -party
complain is to permit a defendant to assert an independent
claim against a third (fourth, etc.) -party which he or she,
otherwise, would assert in another action; thus, preventing
multiplicity of suits.
An association still in the process of incorporation
cannot be considered a juridical person or an entity authorized
by law.
It is actually independent of, separate and distinct
from the plaintiff’s complaint, such that were it not for the
rule, it would have to be filed separately from the original
complaint.
When two or more persons are not organized as an
entity with juridical personality and they entered into a
transaction, they can still be sued under the name by which
they are generally or commonly known.
A perquisite to the exercise of such right is that of
some substantive basis.
Who is the plaintiff?
The defendant may implead another as third-party
defendant:
Plaintiff
The third-party defendant’s liability may arise out of
another transaction.
1.
On an allegation of liability of the third-party
defendant to the original defendant for
contribution, indemnity, subrogation or any
other relief.
2.
On the ground of direct liability of the third-party
defendant to the plaintiff; or
3.
On the ground of the liability of the third-party
defendant to both the plaintiff and the
defendant.
The party claiming relief.
May refer to the claiming party, the counter-claimant,
the cross-claimant or the third (or fourth, etc.) party plaintiff.
When the defendant prays for a relief against the
plaintiff in his or her answer, by way of a counterclaim, the title
of the case shall remain the same and there is no need to refer
to the defendant as plaintiff in that counterclaim.
A plaintiff may also claim against his or her coplaintiff, as a cross-claimant and cross-defendant.
Cross-defendant may also file a cross-claim against
the original cross-claimant., a counter-cross-claim.
Who is the defendant?
There must be a causal connection between the claim
of the plaintiff in his or her complaint and a claim for
contribution, indemnity or other relief of the defendant
against the third-party defendant.
Defendant
It is sufficient that the third-party complaint show
possibility of recovery, even no certainty of recovery.
Refer to the original defending party, the defendant
in a counterclaim, the cross-defendant, to the third (fourth,
etc.) -party defendant.
The third-party complain must allege facts which
shows prima facie show relief to the defendant.
Can also become the plaintiff as counter-claimant in
the counterclaim he or she may later on file against the
plaintiff.
Counter-counter claim
A counterclaim may be filed against an original
counter-claimant.
Real Part in Interest
Indispensable Parties
The party who stands to be benefited or injured by
the judgement in the suit, or the party entitled to the avails of
the suit.
Parties in interest without
determination can be had of an action.
Unless authorized by law, every action must be
prosecuted or defended in the name of the real party in
interest.
Requirements
1.
To institute an action, the plaintiff must be the real
party in interest
2.
The action must be prosecuted in the name of the real
party in interest.
whom
no
final
They are a real party in interest and required to be
joined either as plaintiffs or defendants.
The joinder of indispensable party in a suit is
compulsory.
The absence of an indispensable party renders all
subsequent actions of the court null and void and want of
authority to act, not only as to the absent parties but even as
to those present.
Effect of Failure to Implead an Indispensable Party
An indispensable party is one whose interest will be
affected by the court’s action in the litigation.
Interest
If no interest, cannot invoke the jurisdiction of the
The absence of an indispensable party renders all
subsequent actions of the court null and void and want of
authority to act, not only as to the absent parties but even as
to those present.
Unknown identity or name of defendants, shall be
sued as the unknown owner, heir, devisee, or by other
designation as the case required.
The non-joinder od indispensable parties is not a
ground for dismissal of the action. The proper remedy is to
implead the non-party claimed to be indispensable either by
motion or upon the court’s initiative.
Material interest or interest in an issue to be affected
by the decree or judgement.
court
May use John, Peter or Jane Doe.
If identity or true name became known, the pleading
may be amended accordingly.
Such is important where adjudication cannot be
completely made if the unknown defendant is not impleaded.
Prior Judicial Determination is not Required
The compulsory or interstate heirs may commence an
ordinary civil action in the enforcement of their ownership
rights acquired by virtue of succession, without necessity of a
prior and separate judicial declaration of their status, provided
there is no pending special proceeding for settlement of the
deceased estate and determination of heirship.
Representative of Real Party in Interest
If action is to be prosecuted or defended by a
representative, someone acting in fiduciary capacity, or
authorized agent, the principal or beneficiary shall be included
in the title of the case and shall be deemed as the real party in
interest.
If the plaintiff refuses despite the order from the
court, then the case may be dismissed for failure to comply
with the same.
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.
Necessary Party
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.
Also a real party in interest.
Omission of Necessary Parties
Representative = trustee, guardian, executor or
administrator, party authorized by law.
If a necessary party is not impleaded, the pleader shall
set forth his or her name, if known, and shall state why he or
she is omitted. If the court find the omission meritorious, it
may order the inclusion of the omitted necessary party if
jurisdiction over his or her person may be obtained.
Representation or relation must be so stated both in
the title of the case and the body of the pleading.
Omission does not automatically result into a
dismissal.
Authorization must be alleged in the body of the
pleading and attached as evidence.
Failure to comply of inclusion, without justifiable
cause, shall deemed a waiver of the claim against such party.
An agent acting in his or her 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. As such, the principal must be
impleaded.
The court may proceed and the judgement therein
shall be without prejudice to such party.
If corporation commences an action, name of the
judicial entity shall be indicated as the plaintiff and
representative authority must be stated in the pleading, with
the attachment form.
Dismissal may result upon the refusal of the plaintiff
to implead the necessary party.
Permissive Joinder of Parties
This applies where there is a relief which arises out of
the same transaction or series of transactions and there is any
question of law or fact common to all plaintiffs and
defendants.
They may be severally or jointly entitled to the claim
or liable.
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
or she may have no interest.
Where there are two or more plaintiffs joining in a
single suit, their individual claim must fall within the
jurisdictional amount of the court where the court is filed.
Unwilling Plaintiff
If one of the plaintiffs refuses to give his consent or
his consent cannot be obtained, he shall be impleaded as one
of the defendants.
The original plaintiff cannot be compelled to implead
anyone, especially if such joinder is not proper or necessary.
New Parties as Defendant in a Counterclaim or Cross-claim
Allowed if the presence of parties other those to the
original action is required for the granting of complete relief if
jurisdiction over them can be obtained.
Instituting a Class Suit
Remedy of Plaintiff is Uncertain as to Sue
He or she may join any or all of them as defendants in
the alternative, although a right to relief against one may be
consistent with a right of relief against the other.
Spouses as Parties
Husband and wife shall be sue or be sued jointly,
except as provided by law.
A nominal or pro forma party is one who is joined as
a plaintiff or as a defendant no because he or she has any real
interest in the subject of the litigation, but simply because the
technical rules require his or her presence on the record.
Spouses are required to sue or be sued jointly as they
are considered as co-administrators of their property,
governed by absolute community of property or conjugal
partnership of gains.
A party may sue or defend for the benefit of all when
the subject matter of the controversy is one common or
general interest to many person so numerous that is
impracticable to join all as parties, a number of them which the
court finds to be so sufficiently numerous and representative
as to fully protect the interest of all concerned.
Any party in interest shall have the right to intervene
to protect his or her individual interest.
Class or Representative Suit or Individual Suit vs. Derivative
Suit
Individual Suit
When the wrong is done on one person and not to the
others.
Class or representative Suit
Exceptions

When the spouses are governed by the separation of
property regime or that a spouse is suing or being
used in relation to his capital property or her
paraphernal property.
Minor or Incompetent Persons
May sue or be sued, with the assistance of his or her
father, mother, guardian, or if he or she has none, by his or her
guardian ad litem.
For those seeking the appointment of a guardian ad
litem, it is not necessary that the person alleged to be
incompetent be judicially declared as such.
If a minor institute an action against the guardian,
there is a need for guardian ad litem.
A Party Becomes Incompetent or Incapacitated
The court upon motion with notice, may allow action
to be continued by or against the incompetent or
incapacitated person assisted by his or her legal guardian or
guardian ad litem.
When the wrong is done to a group in order for the
protection of all stockholders belong to the same group.
Derivative Suit
The right of a stockholder to sue in behalf of a
corporation. It proven to be an effective remedy of the
minority against the abuses of management.
The suing stockholder is regarded as the nominal
party, with the corporation as the party in interest.
Duty of Counsel if a Party Dies.
If a party to a pending action dies, the claim is not
thereby extinguished.
The counsel must inform the court within thirty 30
days after the death of the fact thereof and give the name and
address of his legal representative. Failure to comply is a
ground for disciplinary action.
Substitution of Heirs
Substitution of heirs of the deceased does not require
the appointment of an executor or administrator. The court
may appoint a guardian ad litem for the minor heirs.
The court shall order the legal representative to
appear and be substituted within a period of 30 days from
notice.
If no legal representative or if one fails 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.
The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs.
Death or Separation of a Public Officer Sued in His Official
Capacity
The following will transpire:


Importance of Substitution
The jurisprudential rule is that failure to make the
substitution is a jurisdictional defect. The purpose of this is to
comply with due process requirements.
The real party interest could be the administrator or
executor or the heirs.
The substitution shall give the opportunity to
continue the defense for the deceased.
It is important as such opportunity to defend is a
requirement to comply with due process.
Non-requisite will result in the undeniable violation of
the right to due process of those who would be substantially
affected by the decision that may be rendered in the case.
Absent such compliance, the trial and judgement that
it may eventually render shall be both be null and void because
the court did not acquire jurisdiction over the person.
Formal and Substantive Aspects
His or her successor may continue and maintain
the action;
The action may be continued and maintained
against such successor
Subject to the condition that there is a substantial
need for continuing or maintaining the action and that the
successor adopts or continues or threatens to adopt or
continue the action of his or her predecessor.
Must be complied within 30 calendar days from the
time the successor takes office within such time as may be
granted by the court.
Before substitution, the party or officer to be affected
shall be given reasonable notice of the application and given
an opportunity to be heard, unless they expressly assent.
Transfer of Interest
The action may be maintained by or against the
original party.
The court may direct that the original party be
substituted by the person to whom the interest was
transferred or that person be joined with the original party.
Formal Aspect
Making the proper changes in the caption of the case
such as the substitution of the heirs as parties in lieu of the
deceased.
Substantive Aspect
The process of letting the substitutes know that they
shall be bound by any judgement in the case and that they
should therefore actively participate in the defense of the
deceased.
This is the heart of the procedural rule because this
truly embodies and gives effect to the purpose of the rule.
Compliance with the substantive aspect, without
compliance to the formal aspect, may be considered as
substantial compliance to the requisite of substitution.
Effect of Appearance of Heirs
If the heirs voluntarily appeared and participated in
the proceeding, formal substitution is not necessary.
Continued appearance and participation means that
said heir cannot subsequently raise on appeal that the court
did not acquire jurisdiction over his or her person to merit the
reversal of the judgement of the court.
Death before Entry of Judgement
In an action for recovery of money arising from a
contract and the defendant dies before entry of final
judgement in the court in which the action is pending, it shall
be allowed to continue until entry of final judgement.
Indigent Party
A party may be authorized to litigate his or her action,
claim or defense as an indigent.
Require an ex-parte application and hearing, which
the court should be satisfied that the party is one who has no
money or property sufficient for basic necessities for hm and
his family.
Include the exemption of payment of docket fees and
other lawful fees, and of transcripts of stenographic notes. It
shall be lien on any judgement rendered in the case favorable
to the indigent, unless the court provides.
Adverse party may contest at any time before
judgement, possibly based on newly discovered evidence not
obtained at the time of application was heard.
If after hearing the party is declared as not indigent,
the proper docket and lawful fees shall be collected by the
clerk of court.
If not made withing time fixed by court, execution
shall issue for the payment, without prejudice to other
sanction the court may impose.
An order of the court requiring plaintiff to pay and
directing the proceeding to presume upon payment or upon
exemption as to litigate as a pauper/indigent, was held to be
not a denial to free access of the courts.
If the applicant meet the income and property
requirement, authority to litigate as an indigent is
automatically granted and is matter of right.
Notice to the Solicitor General
In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules and
regulation, the court in its discretion, may require the
appearance of Solicitor General who may be heard in person
or through a representative duly designated by him or her.
People’s Tribune
General:

The Office of the Solicitor General represents the
Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any
litigation, proceeding, investigation, or matter
requiring the service of lawyers.
Exception:

When it acts as a People’s Tribune.

It represents the entire state and may take an adverse
position from the government agency under
litigation.
The reason for such is that it is incumbent upon him
to present to the court what he considers would legally uphold
the best interest of the government although it may run
counter to a client’s position.
Rationale:
The Solicitor General’s role is that it is the Filipino
people as a collectivity that constitutes the Republic of the
Philippines.
CHAPER 4 PLEADING | RULE 6 and 7
3 Types of Specific Denials
What are Pleadings?
i.
Pleadings
The written statement of the respective claims or
defenses of the parties submitted to the court for appropriate
judgement.
ii.
Purpose
To notify the parties of the claims or defenses each of
them may have against the other, thereby defining the issues
involved in the controversy.
Absolute Denials
o
Specifically and absolutely denies the material
allegation in the complain.
o
Specifically denying the material allegation and
set forth the substance of the matters upon
which he relies to support his denial.
Partial Denial
o
Resorted where one who desires to deny only a
part of an averment.
o
Specify so much of it as is true and materials and
shall deny only the remainder, and also set forth
the substance of the matters upon which he
relies to support the denial.
Kind of Pleadings
Pleadings allowed: complaint, counterclaim, crossclaim, third (fourth, etc.)-party complain, or complain-inintervention.
iii. Denial by Disavowal of Knowledge
Complaint
Complaint
The pleading alleging the plaintiff’s or claiming party’s
cause or cause of action.
It must state the names and residences of both the
plaintiff and the defendant.
o
Specifically denies a material averment in the
complaint on the basis that he is without
knowledge or information sufficient to form a
belief as to the truth thereof.
o
Accomplished by simply so stating and shall have
the effect of denial.
Denials is Not Enough
It is not enough where the Rule requires more than
just a specific denial.
Answer
Example, denial of an actionable document, which
requires that the specific denial be made under oath.
The pleading in which a defending party sets forth his
defenses. The defenses set forth may be affirmative or
negative.
Actionable Document
The written document where an action or defense is
founded upon.
Negative Defenses
Negative Defense
The specific denial of the material fact or facts alleged
in the pleading of the claim an essential to his or her cause or
cause of action.
The denial must be specific.
If the defendant fails to specifically deny under oath
the genuineness and due execution of that instrument, then
the same is deemed admitted.
Admissions of the Due Execution and Genuineness means:
1.
Admits he signed it or signed for him and with his
authority
2.
The exact words and figures at the time of signing
3.
The document was delivered
4.
The formal requisite (seal, acknowledgement,
revenue stamp) are waived.
General

The material averments asserting a claim or claims
shall be deemed admitted, when not specifically
denied.
Exception

This does not include denial of the amount of
unliquidated damages.
Genuineness and dues execution
Not spurious, counterfeit, or of different import on its
from the one executed.
Specific Denial
Specifying each material allegation of fact the truth of
which he does not admit, and, whenever practicable, set forth
the substance of the matters upon which he relies to support
the denial.
Negative Pregnant
Allegation is stated in the negative form but implies
an admission of its affirmative opposite to which it relates.
It does not qualify as a specific denial and is
considered as an admission since it denies only the qualified
portion or incident of the allegation, but not the main totality.
A form of negative expression which carries with it an
affirmation or at least an implication of some kind of favorable
to the adverse party.
Affirmative Defenses
Allegations of a new matter while hypothetically
admitting the material allegations in the pleading of the claim,
would nevertheless prevent or bar recovery by him.
This includes: fraud, statute of limitations, release,
payment, illegality, statute of frauds, estoppel, former
recovery, discharge in bankruptcy, and any other matter by
way of confession and avoidance
Other affirmative defenses
1.
The court has no jurisdiction over the person of
the defending party;
2.
Venue is improperly laid;
3.
The plaintiff has no legal capacity to sue;
4.
The pleading asserting the claim states no cause
of action
5.
A condition precedent for filing the claim has not
been complied with.
Must be raised in the answer
Failure to raise these defenses at the earliest
opportune shall constitute a waiver thereof.
Actions on the Affirmative Defenses
For Section 5, Rule 6
Only allowed if there is an actionable document
attached.
Must be limited only to these new matters which
were alleged in or relating to the actionable document
attached to the answer.
All new matters alleged in the answer are deemed
controverted.
Claims Arising Out of the New Matters in the Answer
If the plaintiff wishes to interpose any claim arising
out of the new matters alleged in the answer, such claims shall
be set forth in an amended or supplemental complaint.
A reply cannot assert claims on those new matters
which are not alleged in, or relating to, the actionable
document attached to the answer.
Rejoinder
The pleading filed in response to the reply.
Filed only if there is an actionable document attached
to the reply.
Counterclaim
Any claim which a defending party may have against
an opposing part.
2 Kinds of Counterclaim
i.
The court may conduct a summary hearing within 15
days from the filing of the answer. The court shall resolve the
same within 30 days from the termination of summary
hearing.
Compulsory Counterclaim
o
Cognizable by the regular courts of justice, arises
out of or is connected with the transaction or
occurrence constituting the subject matter of the
opposing party’s claim.
o
Does not require for its adjudication the
presence of third parties of whom the court
cannot acquire jurisdiction.
o
Must be within the jurisdiction of the court both
as to the amount and the nature.
o
In an original action in the RTC, a counterclaim
may be considered regardless of the amount.
o
A compulsory counterclaim not raised in the
same action is barred, unless allowed by the
Rules.
For Section 12, Rule 8
The court may motu proprio resolve the same within
30 calendar days from the filing of the answer.
Result
If affirmative defenses are granted, the action shall be
dismissed.
If affirmative defenses are denied, the order cannot
made the subject of motion for reconsideration, prohibition,
or mandamus. The remedy is the raise the same during appeal
in the event of adverse judgement.
ii.
Permissive Counterclaim
o
One which the defendant may or may not claim
in the same action.
o
If the plaintiff failed to answer to the permissive
counterclaim, within 20 calendar days, he can be
declared in default.
Other Affirmative Defenses
o
Lack of jurisdiction over the subject matter.
o
There is another action pending between the same
parties for the same causes.
o
The action is barred by prior judgement.
Determination of the Nature of Counterclaim
Test in order to test the nature of the counter claim:
Reply
A pleading the office or function of which is to deny
or allege facts in denial or avoidance of new matters alleged in
or relating to an actionable document attached to the answer.
1.
Are the issues of fact and law raised by the claim
and the counterclaim largely the same?
2.
Would res judicata bar a subsequent suit on
defendants’ claim, absent the compulsory
counterclaim rule?
3.
4.
Will substantially the same evidence supports or
refute plaintiffs’ claim as well as defendants’
counterclaim?
Is there any logical relation between the claim
and the counterclaim?
Caption
Sets forth the name of the court, the title of the
action, and the docket number if assigned.
The title of the action indicates the name of the
parties.
Positive answer means a compulsory counterclaim.
All named in the original complaint, but in subsequent
ones, sufficient of the first party on each side.
Example of Compulsory Counterclaim
A counterclaim purely for damages and attorney’s
fees based on unfounded suit filed by the plaintiff and it must
be pleaded in the same action, otherwise it is barred.
Body
Sets forth the designation, the allegations of the
party’s claim or defenses, the relief prayed for, and the date of
the pleading.
Cross-claim
Any claim by one party against a co-party arising out
of the transaction or occurrence that is the subject matter of
the original action or counterclaim.
Composition
i.
Paragraphs
o
Shall be divided in numbers as to be readily
identified, each of which shall contain a
statement of a single set of circumstances so far
as that can done with convenience.
o
Where you allege everything such as the names
and addresses and in which capacity they are
suing or being sued.
o
The cause of action in a complaint is not
determined by the designation given to it by the
parties. The allegations in the body of the
complaint define or describe it.
o
Designation or caption is not controlling and is
not an indispensable part.
Third (Fourth, etc.)-party Complaint
A claim for contribution, indemnity, subrogation, or
any relief that a defending party may file against a person not
a party to the original action.
This requires a leave of court.
Denied admission when:
 The third-party defendant cannot be located
within thirty 30 calendar days from grant of leave
of court.
 The matters extraneous to the issue in the
principal are raised
 The effect would be to introduce a new and
separate controversy in to the action.
It is prohibited under the Revised Rule on Summary
Procedure.
ii.
Headings
o
If there are two or more actions, the statement
of the fist shall be prefaced with, “the first cause
of action.”
o
If paragraphs in the answer are addressed to one
or more several cause of action, they shall be
prefaced by the words, “answer to the first cause
of action.”
o
Purpose – To effectively segregate the cause of
action and facts constituting it. It specifies which
defenses refer to which cause of action as alleged
in the complaint.
Answer to Third (Fourth, etc.)-party Complaint
Alleges the defenses, counterclaim, or cross-claims
including such defense that the third (Fourth, etc.)-party
plaintiff may have against the original plaintiff’s claim.
The third (Fourth, etc.)-party defendant may also
assert a counterclaim against the original plaintiff.
Complaint-in-Intervention
A pleading filed by a person who asserts against either
or all of the original parties to an action
iii. Relief
o
The pleading shall specify the relief sought.
o
It may add a general prayer for such further or
other relief as may be deemed just or equitable.
o
All pleadings should specify the amount of
damages being prayed for not only in the body
but also in the prayer so that they may be
considered in the assessment of the filing fees in
any case.
o
If not complied with, shall not be accepted or
admitted or shall otherwise be expunged from
the record.
Prohibited in the 1991 Revised Rule on Summary
Procedure and Revised Rules of Procedure for Small Claims
Cases.
What are the parts of a pleading?
1.
Caption
2.
Body
3.
Signature
o
Every pleading shall be dated
4.
Verification
o
5.
Certification against Forum Shopping
An undated pleading has the same effect as an
unsigned pleading and has no legal effect.
iv. Date
The affidavit shall allege:
Signature and Address
1.
That the allegation in the pleading are true and
correct based on his or her personal knowledge,
or based in authentic documents
2.
The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase the
cost of litigation
3.
The factual allegation therein have evidentiary
support or if specifically so identified, will
likewise have evidentiary support after a
reasonable opportunity for discovery.
The pleading shall also constitute a certificate by him.
Effects of Violation
If violated, the court may impose an appropriate
sanction or refer such violation to the proper office for
disciplinary action upon motion or motu proprio.
In the absence of exceptional circumstances, a law
firm shall be held jointly and severally liable for a violation of
one of its partners.
It may include but not limited to non-monetary
directive or sanction.
The lawyer or law firm cannot pass on the monetary
penalty to the client.
The lawyer cannot designate the signing of pleading a
person who is not a lawyer.
The signature of the affiant shall further serve as a
certification of the truthfulness of the allegation in the
pleading.
Verification based on “information and belief,” or
“knowledge, information, and belief,”? or lack of proper
verification shall be treated as unsigned are considered
unsigned pleading.
Unsigned pleading = no legal effect
Effect if Failure to Indicate the Correct MCLE Certificate
Number
Such will cause the dismissal of the action and the
expunction of the pleading from the records of the case.
It seeks to ensure the legal practice is reserved only
for those whoi have complied with the recognized mechanism
for keeping abreast with law and jurisprudence, maintaining
the ethics of the profession and enhancing the practice of law.
It must state the following:
1.
Names of witness
2.
Summary of the witnesses’ intended testimonies
3.
Documentary and object evidence in support of
the allegation.
The judicial affidavits of said witness must be
attached to the pleading.
General Rule:
Additional witness
meritorious reasons.
An answer specifically denying the genuineness and
due execution of an instrument must be verified. Otherwise, it
is deemed admitted.
Effect of Non-compliance
Verification is only a formal requirement and not
jurisdictional.
Absence or defect in complying with its formalities
does not render the pleading or complaint defective.
Court may order for compliance.
Certification Against Forum Shopping
Only those witness whose judicial affidavit were
attached are allowed to be presented in the trial.
Exception:

Allegations based on information and belief are mere
hearsay and not admissible in evidence.
Denial should be under oath does not apply when the
adverse party does not appear to be a party to the instrument
or when compliance with an order for an inspection for an
inspection of the original document is refused.
Witness

The rule requires that the pleader makes an under
oath statement that the allegation contained in the pleading is
based on personal knowledge and authentic records.
may
be
admitted
under
The plaintiff or principal party shall certify under oath
in the complaint or other initiatory pleading asserting a claim
for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith:
a.
that he has not theretofore commenced any action or
filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending
therein;
b.
if there is such other pending action or claim, a
complete statement of the present status thereof;
and
c.
if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the
court wherein his aforesaid complaint or initiatory
pleading has been filed.
Verification
Except otherwise required by law or law, pleadings
need not be under oath or verified.
When required, a pleading is verified by an affidavit
of an affiant duly authorized to sign said verification.
The authorization of such affiant to act on behalf
should be attached to the pleading, i.e. secretary’s certificate
and special power of attorney.
Effect of Non-compliance of Certification Against Forum
Shopping
Failure shall not be curable by mere amendment of
the complaint and other initiatory pleading but shall be cause
for the dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing.
Order dismissing the action without prejudice is not
appealable.
Submission of false compliance or non-compliance
constitute indirect contempt of court, without prejudice to
administrative and criminal actions.
If the party constitute willful and deliberate forum
shopping, shall be a ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as
administrative sanctions.
If dismissed with prejudice, it can no longer be refiled.
Purpose of Requiring the Certification
Purpose
To prevent litigants from forum shopping.
Forum Shopping
The practice of availing several judicial remedies from
different courts or tribunals based on the same cause of action
and involving the same parties.
The certification should come from the party and not
from the counsel signing the pleading.
All the plaintiffs must sign and those who did not will
be dropped as parties.
If parties share a common interest and invoke a
common cause of action, certification sign by one of them shall
be sufficient.
Any
certification.
initiatory
pleading
must
contained
this
Refiled Cases
If a case is re-filed, the failure of the plaintiff to state
that a case involving the same issues and parties was
beforehand filed and dismissed without prejudice is not fatal
to merit dismissal and nullification of the proceeding.
CHAPTER 5 MANNER OF MAKING ALLEGATIONS
Pleading
Every pleading shall contain a plain, concise, and
direct statement of the ultimate facts in a methodical and
logical form.
Shall state the ultimate facts essential to the rights of
action or defense asserted, as distinguished from mere
conclusions of facts or conclusion of law
Merely stating a legal conclusion, the pleading
presented no sufficient allegation upon which the court grant
the relief prayed for. And shall be dismissed on the ground of
failure to state the cause of action.
Capacity to Sue or be Sued
Capacity to sue is general ability to institute the
action.
Lack of capacity to sue includes minority, insanity,
incompetence, lack of juridical personality, and other general
jurisdiction.
The fact showing the capacity to sue or be sued or
authority of a party to sue or be sued must be averred.
Document
Whenever an action or defense is based upon a
written instrument or document, the substance of such
instrument or document shall be set forth in the pleading and
the original copy thereof shall be attached to the pleading.
The genuineness and due execution thereof must be
specifically denied under oath.
Otherwise, it is deemed admitted.
No need for denial should be under oath when the
adverse party does not appear to be a party to the instrument
or when compliance with an order for an inspection for an
inspection of the original document is refused.
The statement “specifically deny,” for being selfserving and pure conclusion intended to suit plaintiff’s
purposes does not constitute a specific denial.
A general denial does not become specific by the use
of the word of “specifically.”
It does not become specific by coupling with a broad
conclusion of law that the allegations are self-serving or are
intended to suit plaintiff’s purpose.
To effectively deny, defendant must declare under
oath that he did not sigh or it is false or fabricated.
Proof of authorization must be attached to the pleading.
Official Document or Act
A party desiring to raise an issue as to legal existence
or capacity to sue or sue by any party shall do so by specific
denial.
In pleading such, it is sufficient to aver that the
document was issued or the act was done in compliance with
law.
Lack of legal capacity is not the real party in interest
and is not in the exercise of his or her civil right, does not have
necessary qualification, or does not have the character or
representation.
Alternative Causes of Action or defenses
Results to dismissal for failure to state a cause of
action.
General Averments
Malice, intent, knowledge, or other condition of the
mind of a person may be averred generally and shall be
sufficient.
Particular Averments
Averments of fraud, mistake, and circumstances
constituting fraud or mistake must be stated with particularity.
In the absences of specific averments, the complaint
is defective as no basis upon which the court should act or for
the defendant to meet it with an intelligent answer.
When two or more statements are made in the
alternative and one of the would be sufficient if made
independently, insufficiency of one or more does not make the
pleading insufficient.
Striking Out
Upon motion or motu proprio, the court may order
that a pleading or sham or false, redundant, immaterial,
impertinent, or scandalous matter contained be stricken out.
The motion must be made before responding to a
pleading.
If no responsive pleading is permitted, the motion
must be made within twenty 20 calendar days after the service
of the pleading.
Alleging Defenses
Law
The material averments in a pleading asserting a
claim must be denied specifically.
If the cause of action or defense relied on isa based
on law, the pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.
Three ways to controvert: absolute denial, partial
denial, denial by disavowal of knowledge.
Judgement
It is sufficient to aver the judgement or decision.
There is no need to set forth matter showing
jurisdiction.
An authenticates shall be attached to the pleading.
CHAPTER 6 JURISDICTION
Which court should the complaint be filed?
Jurisdiction to issue writs of certiorari, mandamus,
quo warranto, and habeas corpus concurrently with the RTC
and SC.
Prohibition is exercised concurrently with SC.
Filed in the proper court which has jurisdiction over
its subject matter.
Availing of such remedies, proper observance of the
doctrine of hierarchy should be observed.
Jurisdiction
Concurrence of jurisdiction does not give parties
discretion as to the choice of forum.
Jurisdiction
Power of the courts to hear and decide a case.
Conferred by law to the court and not unto the judge
presiding it.
Doctrine of Hierarchy of Courts
Determinative of the appropriate venue where
petitions for extraordinary writs should be filed.
Cannot be waived or subject to stipulation.
Exclusive Original Jurisdiction of the RTC:
Aspects of Jurisdiction
The aspects are:
1.
Jurisdiction over the subject matter.
2.
Jurisdiction over the parties.
3.
Jurisdiction over the issues of the case.
4.
In cases involving property, jurisdiction over the
res or the thing which is the subject of the
litigation.
The RTC shall exercise:
1.
In all civil actions in which the subject of the
litigation is incapable of pecuniary estimation;
2.
In all civil actions which involve the title to, or
possession of, real property, or any interest
therein, where the assessed value of the
property involved exceeds Twenty thousand
pesos (P20,000.00) or for civil actions in Metro
Manila, where such the value exceeds Fifty
thousand pesos (50,000.00) except actions for
forcible entry into and unlawful detainer of lands
or buildings, original jurisdiction over which is
conferred upon Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts;
3.
In all actions in admiralty and maritime
jurisdiction where he demand or claim exceeds
One hundred thousand pesos (P100,000.00) or ,
in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos
(200,000.00);
4.
In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro
Manila, where such gross value exceeds Two
hundred thousand pesos (200,000.00);
5.
In all actions involving the contract of marriage
and marital relations;
6.
In all cases not within the exclusive jurisdiction of
any court, tribunal, person or body exercising
jurisdiction or any court, tribunal, person or body
exercising judicial or quasi-judicial functions;
7.
In all civil actions and special proceedings falling
within the exclusive original jurisdiction of a
Juvenile and Domestic Relations Court and of the
Courts of Agrarian Relations as now provided by
law; and
8.
In all other cases in which the demand, exclusive
of interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs or the value
of the property in controversy exceeds One
hundred thousand pesos (100,000.00) or, in such
other abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as
amended by R.A. No. 7691*)
Court as to Jurisdiction over a Subject Matter
Jurisdiction over the subject matter
Conferred by law and not by the consent of any or all
the parties.
Determined by the cause of action alleged in the
complaint.
Jurisdiction of the Court of Appeals
The CA shall exercise:
1.
Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes,
whether or not in aid of its appellate jurisdiction;
2.
Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial
Courts; and
3.
Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission,
including the Securities and Exchange
Commission, the Social Security Commission, the
Employees Compensation Commission and the
Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme
Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third
paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of
1948.
If it is primarily for the recovery of sum of money, the
claim is capable of pecuniary estimation.
the demand does not exceed Two hundred thousand
pesos (P200,000.00) 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;
Jurisdiction shall depend on the amount of claim.
If the basic issue is something other than the right to
recover a sum of money and subject of litigation may not be
estimated in terms of money, incapable of pecuniary
estimation, cognizable exclusively by the RTC.
Specific Performance
One which is incapable of pecuniary estimation.
2.
Exclusive original jurisdiction over cases of forcible
entry and unlawful detainer: Provided, That when, in
such cases, the defendant raises the question of
ownership in his pleadings and the question of
possession cannot be resolved without deciding the
issue of ownership, the issue of ownership shall be
resolved only to determine the issue of possession.
3.
Exclusive original jurisdiction in all civil actions which
involve title to, or possession of, real property, or any
interest therein where the assessed value of the
property or interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil actions in
Metro Manila, where such assessed value does not
exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided, That value of
such property shall be determined by the assessed
value of the adjacent lots. (as amended by R.A. No.
7691)
Title to Real Property
Plaintiff’s cause of action is based on a acclaim that
he or she owns such property or he has the legal rights to have
an exclusive control, possession, enjoyment, or disposition.
For recovery of property through enforcement of sale in their
favor, jurisdiction over subject matter is determined by the
assessed value of such real property even if complaint is
denominated as one for the declaration of validity of the deed
of sale and for specific performance.
Judicial Foreclosure of Real Estate Mortgage
The RTC has exclusive original jurisdiction in civil
actions where the subject of litigation is incapable of pecuniary
estimation.
Also exercise of jurisdiction of property with an
assessed value exceeding Php20,000 .00 outside of Manila.
Appellate Jurisdiction of the RTC
Demanded Amount
In determining jurisdiction, claim of interest, damage
of whatever kind, attorney’s fees, litigation expenses, and cost
shall not be included.
If the amount of the claim being demanded is the
basis for jurisdiction, such will be ascertained in the allegations
of the complaint.
Does not apply to actions for damages based on
quasi-delicts.
In such actions, all claims of damages should be
considered in determining the jurisdiction of the court
regardless of whether they arose from a single cause of action
or several cause of action.
Moral and exemplary dames shall be included in
determining jurisdiction.
Totality Rule
If there are several claims or causes of actions in one
complaint, amount of demand shall be the totality of claims,
irrespective if causes of action arose from the same different
transactions.
Exclusive Original Jurisdiction of the MTC
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 One hundred
thousand pesos (P100,000.00) or, in Metro Manila
where such personal property, estate, or amount of
The RTC shall exercise appellate jurisdiction over all
cases decided by the MTC.
Question of Jurisdiction on Appeal
General
A time-honored principle that the defense of lack of
jurisdiction can be raised at any stage of the proceeding, even
for the first time on appeal.
Failure to raise on trial doesn’t equal waiver.
Exception
Where the person pleading lack of jurisdiction is
already barred by laches.
Such as when party did not put up such defense
during the early stages of the proceedings and even invoked
the authority of the trial court to obtain affirmative relief
estoppel by laches shall apply against it.
Estoppel by laches applies where there was already a
final adjudication of the case when the court’s lack of
jurisdiction.
Court Acquires Jurisdiction Over the Parties
Jurisdiction over the person of the plaintiff acquired
upon the filing of the complaint or pleading in court.
Jurisdiction over the person of the defendant is
acquired upon the service of summons upon him or her.
Jurisdiction over Additional Defendants Impleaded later
Acquired by the court upon the effective service the
summons upon them or by their voluntary appearance.
Cases which either accompanied by a claim for
reinstatement or arising from employer-employee
relationship.
Docket Fees
The court acquires jurisdiction over the case only
upon payment of the prescribed docket.
If no docket fee accompanied the initiatory pleading,
the court may allow the payment thereof within a reasonable
period of time, but in no case beyond the applicable
prescriptive or reglementary period.
The strict application of the rule shall apply.
1.
2.
Failure to pay the fees within the reglementary
period allows only discretionary, not automatic,
dismissal.
Such power should be used by court in
conjunction with its exercise of sound discretion
in accordance with the tenets of justice and fair
play, as well as with great deal of circumspection
in consideration of all attendant circumstances.
Application of requiring the payment in filing case for
a civil action instituted with a criminal.
The application to criminal cases where the offended
party did not waive civil action, reserved the right to institute
a separate civil action, or instituted the civil action prior to the
filing of the filing the criminal action.
Equity Jurisdiction
Equity
The principle by which substantial justice may be
attained in cases where the prescribed or customary forms of
ordinary law are inadequate.
Aims to provides complete justice in cases where a
court of law is unable to adapt its judgement to the special
circumstance of a case because of a resulting legal inflexibility
when the law is applied to a given situation.
To prevent unjust enrichment and to ensure
restitution.
Equity jurisdiction aims to provide complete justice in
cases where court of law is unable to adapt its judgement to
the special circumstance of a case because of a resulting legal
inflexibility when the law is applied to a given situation.
Exercised even after the case before it has been
terminated or dismissed so as to not leave the issue
unresolved resulting in unjust enrichment or prevention of
restitution.
Disregard procedural lapses so the case may be
resolved on its merits.
Jurisdiction vs Exercise Jurisdiction
Housing Lan Use Regulatory Board Jurisdiction
Jurisdiction
Limited to those case filed by the buyer or owner of a
subdivision lot or condominium unit and based on any of the
causes of action under Section 1, PD No. 1344.
The authority to decide a case and not the decision
rendered therein
Exclusive jurisdiction complaints arising from
contracts between the subdivision developer and the lot buyer
or those aimed at compelling the subdivision developer to
comply with its contractual and statutory obligations to make
the subdivision a better place to live in.
Action for ejectment may be filed before HLURB.
Doctrine of Primary Jurisdiction
A case that requires for its determination the
expertise, specialized skills, and knowledge of some
administrative board or commission because it involves
technical matters or intricate question of fact, relief must be
first be obtained in an appropriate administrative proceeding
before a remedy will be supplied by the courts although the
matters comes within the jurisdiction of the courts.
Courts cannot and will not determine a controversy
involving a question within the competence of an
administrative tribunal, the controversy having ben so placed
within the special competence of the administrative tribunal
under a regulatory scheme.
The judicial process is suspended pending referral to
the administrative body for its view on the matter in dispute.
Jurisdiction of the Labor Arbiter
Exclusive jurisdiction over money claims and damages
of an employee against an employer or vice cersa generally
belongs to the Labor Arbiter.
Exercise of jurisdiction
Where there is jurisdiction over the person and the
subject matter, the decision on all other questions arising in
the case.
Errors in such are merely errors of judgement are
subject to an appeal
CHAPTER 7 VENUE | Rule 4
Venue in Action Quasi in Rem
Quasi in Rem
Choosing the wrong venue could result in the
dismissal of his or her civil action.
Deals with the status, ownership, or liability of a
particular property but which are intended to operate on these
questions only as between the parties and not to cut off the
rights or interest of all possible claimants.
Venue vs. Jurisdiction
Conclusive and binding only upon the parties who are
joined in the action.
Venue
A matter of procedure law as compare to jurisdiction
which is conferred by substantive law.
Commencement in an improper venue is merely a
procedural infirmity and not jurisdictional.
If any of the defendant does no reside in the
Philippines, the case may be tried in the place where the
plaintiff resides or where the property or any portion is
situated. Summon to the defendant may be served by
extraterritorial service.
Venue may be waived or made subject of stipulation.
Exceptions
Venue in Real Action or Action in Rem
Real Actions
Where a specific rule or law provides otherwise.
Those actions affecting title or possession of a real
property, or any interest therein, including partition and
foreclosure of real estate mortgage.
In case of insolvency of a corporation, the venue of
the action shall lie in the province or city where the actual
place of its principal office is located for six months before
filing of the case.
Commenced and tried in the proper court which has
jurisdiction over the area where the real property is situated.
Venue on Other Case
Forcible entry or detainer action shall be commenced
and tried in the MTC of the municipality or city where the real
property is situated.
It is a settled rule that what determined the venue of
a case is the primary objective for the filing of the case.
Venue as Stipulated by the Parties
Venue for Personal Actions or Action in Personam
Personal Action or Action in Personam
All other actions are considered personal actions.
Venue for personal action lie where the plaintiff or
any of the principal plaintiff resides or where the defendant or
principal defendant resides, at the election of the plaintiff.
Another exception to the general rule on venue is
where the parties have validly agreed in writing before the
filing of the action on the exclusive venue thereof.
May even at a place where neither of them resides.
Kinds of Venue
Restrictive Venue
Corporation as a Party
Commenced in the province or city where its principal
place of business is situates as recorded in its Articles of
Incorporation.
Voluntary Insolvency Proceeding
Instituted at the RTC of the province or city where the
insolvent debtor resides.
A corporation is considered a resident of the place
where its principal office is located as stated int eh Articles of
Incorporation.
If the old principal office is abandoned, it is a resident
of the area where the principal office is current found.
Venue in Small Claims Cases
Lies at the place of residence of the plaintiff or
defendant, at option of the plaintiff.
For business of lending, banking, or similar activities,
filed at the city or municipality where the defendant resides
and in which the plaintiff has a branch office.
If no branch at where the defendant resides, it shall
be filed at the residence of the plaintiff or the defendant at the
election of the plaintiff.
The suit may be filed only in the place agreed upon.
Qualified by words like, exclusively, waiving for this
purpose any other venue, shall only, to the exclusion of other
courts.
In the absence of restrictive words, the stipulation is
deemed as agreement on an additional forum, not a limiting
the venue.
If the parties agreed to an exclusive venue, the action
cannot be filed in any other venue.
Permissive Venue
The parties may file their suit not only in the place
agreed upon but also in the places fixed by law.
May be filed not only in the agreed venue, but also in
the place as fixed by law.
If the validity of the written instrument is assailed, the
parties should not be bound by the exclusive venue stipulation
contained therein.
Joined Cause of Action
Where there is joinder of cause of action between the
same parties, one of which does not arise out of the contract
where the exclusive venue was stipulated upon, the complaint
may be brought before other venues provided that such other
cause of action falls within the jurisdiction of the court and the
venues lies therein.
Inapplicability on Extrajudicial Foreclosure or Real Estate
Mortgage
Exclusive venue of actions stipulated by the parties
only applies only to actions arising out of the agreement.
Extrajudicial Foreclosure or Real Estate Mortgage
shall be governed by Act. 3135
The sale of the property cannot be made legally
outside of the province in which the property is situated.
If there is stipulation as to venue, such stipulation
must be within the province.
Ground of Improper Venue
The court cannot dismiss a case motu proprio based
on improper venue.
Ground of improper venue may be waived by the
parties.
Unless such ground is raised as affirmative defense, it
is improper for the court to dismiss.
Failure of the defendant to raise such issue in the
answer is deemed as a waiver.
Court dismissal on motu proprio is applicable only in
the Revised Rules on Summary Procedure and Revised Rules of
Procedure for Small Claims Cases.

CHAPTER 8 AMENDED AND SUPPLEMENTAL
PLEADINGS | Rule 10
Amended Pleadings
General
Pleadings may be amended by adding or striking out
an allegation or the name of any party.

Should not substantially change the cause of
action or alter the theory.
Not made to delay the action.
A time-honored judicial policy of affording liberal
treatment to amendments to pleadings, especially those made
before the conduct of trial.
Substantial Alteration of the Cause of Action
Shall be allowed when it is sought:
May be to correct a mistake in the name of a party or
a mistake or inadequate allegations or description in any other
respect.
Purpose
For the controversy to be speedily be determined in
the most expeditious and inexpensive manner without regard
to technicalities.
1.
to serve the higher interest of substantial justice,
2.
prevent delay,
3.
and secure a just, speedy, and inexpensive
disposition of actions and proceedings.
Reasons to Refuse Grant of Leave of Court
How is an Amended Pleading Filed?
Shall not be allowed if:
A pleading is amended by the filing of a new copy of
the entire pleading, incorporating the amendments.
1.
With intent to delay
2.
To confer jurisdiction on the court
Amendments made are usually underlined.
3.
To amend which is not existing at the time of the
filing
Allegations and admissions in a pleading can still be
corrected or amended, even if not shown to be made through
palpable mistake.
Effect of an Amended Pleading
If the purpose the amendment is to set up a cause of
action not existing at the time of filing of the complaint, the
amendment should not be allowed.
Amended pleading superseded the pleading that it
amends.
Reason for Allowing
Admission in superseded pleadings may be received
in evidence against the pleader, treated as extra-judicial
admissions.
To expedite the determination of the controversy as
the case would be resolved based on real facts but would also
aid in the speedy disposition of the case by utilizing the best
evidence possible to determine the rights and obligations of
the parties.
Claims or defenses alleged in the previous one not
incorporated in the amended pleading shall be deemed
waived.
Formal Amendment
Amendment as a Matter of Right
A party may amend a pleading once as a matter of
right at any time before a responsive pleading is served.
If the pleading is a reply, it may be amended once as
a matter of right at any time within ten 10 calendar days after
it is served.
Leave of court is not necessary.
If amendment is to correct defect in the designation
of the parties and other clerical or typographical errors, such
is merely formal in nature and may be summarily corrected by
the court at any stage of the action upon motu proprio or
motion.
Allowed for it shall not cause prejudice to the adverse
party.
It is the ministerial duty of the court to accept the
amended pleading.
Amendment to Conform with Evidence
Amended pleading may be filed without a necessity
of filing a motion.
When issues not raised in pleadings are tried with the
express or implied consent of the parties, they shall be treated
in all respects as if they had been raised in the pleadings.
A motion to dismiss is not a responsive pleading.
An answer is also a pleading
Amendment by Leave of Court
After service of the responsive pleading, substantial
amendments may be only upon leave of court.
No need to amend to conform to the evidence,
considered deemed accordingly.
General Rule

Claims or defenses that were not raised in the
pleading are deemed waived.
Shall be a written motion with notice to the adverse
party and opportunity to be heard.
Upon the sound discretion of the trial court.
Such discretion is broad with the following exception:
Exception

When issues are raised during trial and the other
party failed to object or expressly or impliedly
consented, the court may allow such issue to raised
and tried.
Pleading is treated as amended and court may render
valid judgement.
Supplemental Pleadings
Filed to supplement the original pleading with
transactions, occurrences, or events which have happened
since the date of the pleading ought to be amended.
Requires leave of court.
Effect of Supplemental Pleading
Serves to bolster or add something.
Exist side by side with the original pleading and does
not replace what it supplements.
Purpose
To bring into the record new facts which will enlarge
or change the kind of relief to which the pleader is entitled to.
Raising New Cause of Action
Supplemental pleading may raise in a new cause of
action, as long as it has some relation to the original cause of
action set forth in the original pleading.
New cause of action must be germane and
intertwined with the original pleading for the principal and
core issues raised by the parties in the original pleading.
Responsive Pleading to a Supplemental Pleading
Adverse party may plead within ten 10 calendar days
from notice of the order admitting the supplemental pleading.
CHAPTER 9 EFFECT TO FAILURE TO PLEAD |Rule 9
Failure so, the plaintiff may be declared in default
upon motion of the defendant
Defense and Objections
No default can be incurred in cases governed by the
Revise Rule on Summary Procedure.
General Rule

Defenses and objections not pleaded in a motion to
dismiss or in the answer are deemed waived.
No Court Motu Proprio Declaration of Default.
Exceptions

As remedy, the plaintiff can file a motions for the
court or for the court to motu proprio render judgement as
may be warranted by the facts alleged in the complaint.
When it appears from the pleadings or the evidence
on record that:
Declaration of default must be preceded by a motion
duly filed by the plaintiff.
o
Requirements:
o
the court has no jurisdiction over the subject
matter
that there is another action pending between the
same parties for the same cause
o
that the action is barred by a prior judgment
o
that the action is barred by statute of limitations
1.
The claiming party must file a motion asking the court
to declare the defending party in default
2.
The defending party must be notified of the motion
to declare him or her in default
3.
The claiming party must prove that the defending
party has failed to answer within the period provided
by the Rules.
Can only be raised in a motion to dismiss.
May be raised at any time before judgement or even
the first time on appeal.
Motion to dismiss based on any of these grounds may
eb filed even after the answer is filed.
The court shall dismiss the claim upon motu proprio.
Compulsory Counterclaim or Cross-claim
General

Compulsory counterclaims or cross-claims not set up
in the answer shall be barred.
Effect of Order in Default
If declared in default, the court shall proceed to
render judgement granting the claimant such relief as may be
warranted in his pleading.
The court, in its discretion, require the claimant to
submit evidence.
The defending party shall not take part in trial but
shall be entitled to notices of the subsequent proceedings.
As defending party cannot participate, reception of
evidence shall be ex-parte in character.
Remedies against an Order of Default
Exception

If failure through oversight, inadvertence, or
excusable neglect, or when justice requires, such may
be set up by amendment before judgement.

It requires leave of court.
The default party, any time after notice and before
judgement, file a motion under oath to set aside the order of
default upon proper showing that his failure to answer was
due to fraud, accident, mistake, or excusable negligence and
he has meritorious defense.
Default may be set aside under terms and condition
impose by the judge.
If such matured or acquired by a party after serving
his answer maybe presented as such by supplemental
pleading.
It requires leave of court.
Default
If the defending party fails to answer within the time
allowed, the court shall declare him in default.
Requires a motion from the claiming party with notice
to the defendant and proof of such failure.
Applies to other kinds of pleadings.
The motion to set aside must be done under oath
showing the reason for the failure to answer and his
meritorious defense.
Remedy is to file a motion to set aside or lift order of
default, not a motion for reconsideration.
A petition for certiorari may be filed if court declared
the defendant in default with grave abuse of discretion.
Motion must be Under Oath
It must be verified or by attaching to it an affidavit of
merit.
Running of the Prescribed Period to Answer
Remedies Against a Judgement by Default
Reckoned from service of such answer asserting the
permissive counterclaim
When judgement of default has been rendered,
before it becomes final, the proper remedy is to file a motion
for new trial on grounds of fraud, accident, mistake, or
excusable negligence.
May also take an appeal from the judgement if the
same is contrary to the evidence presented by the plaintiff or
the law.
May be taken even if the defendant did not file a
motion to set aside the order of default.
Admit Answer Filed Beyond the Prescribe Period
Based on liberal application, so long as the defendant
has not been declared in default and no prejudice is cause on
the plaintiff.
Reason
Remedies are Exclusive
The remedies of motion to set aside order of default,
motion for new trial, a petition for relief from judgement are
mutually exclusive, not alternative ro cumulative.
This is to compel defendants to remedy their default
at the earliest possible opportunity.
Extent of Award in Judgement by Default
Shall not exceed the amount of be difference in kind
from that prayed nor award unliquidated damages.
Effect of Partial Default
In cases where there a several defending parties,
where only some answered, the court shall try the case against
all upon the answers thus filed and render judgement upon the
evidence presented.
The court cannot declare the defendant who did not
file an answer in default and render partial judgement against
them, then proceed to hear the case of those who answered.
The answer filed by any of the defendants shall inure
to the benefit of all the defendants who are sued under a
common cause of action.
The court has no authority to divide the case before it
for it shall deprive the default defendant of due process as it
denies the benefits of the answer or evidence presented by the
non-defaulted defendant.
Instance when Default is Not Allowed.
If an action of default is raised in cases of annulment
or declaration of nullity of marriage or legal separation, the
Solicitor General or his deputized public prosecutor shall
investigate whether or not a collusion between the part.
If no collusion, to intervene for the State in order to
see if the evidence submitted is not fabricated.
To ensure that the interest of the state is represented
and protected.
Investigation is to determine whether there is an
agreement between the parties to commit act which can used
as grounds for dissolution of marriage or for grant of legal
separation prayed for.
Extension Time to Plead
A defendant may be granted an additional period of
not more that thirty 30 calendar days to file an answer.
Only allowed to file one motion for extension.
However, no motion for extension of time to file
other pleadings is allowed.
Prior to declaration of default, no right has been
vested upon the plaintiff which may be prejudice by the
admission of the answer.
CHAPTER 10 WHEN TO FILE RESPONSIVE
PLEADINGS
Period to File Answer.
Must be file within thirty 30 calendar days after
service of summons, unless a different period is fixed by court.
If summon is served through extraterritorial service,
time to answer shall not be less than sixty 60 calendar days.
Extension of time may be granted upon meritorious
reason.
An extension of not more that thirty 30 calendar day
may be given and can only be asked once.
For action governed by the Revised Rules of Summary
Procedure and Revise Rules of Procedure for Small Claims, the
answer must be filed within ten 10 calendar days.
Upon failure to answer, the counterclaimant may file
motion to declare the default.
Reply
A reply must be filed within fifteen 15 calendar days
from the service of the pleading responded to.
The reply must only allege facts in denial or avoidance
of new matters alleged in or relating to an actionable
document attached thereto.
Otherwise, where claims are necessary to be made on
new matters raised in the answer, other than those alleged or
relating to the attached actionable document, such claims
should be asserted in an amended or supplemental complaint.
Rejoinder
rules.
Re introduction of the submission of a rejoinder by
the new amendment, no period was provided therein for its
filing or its amendment.
When Motion to Dismiss is Filed
Answer to Supplemental
If denied, the defendant may file his or her answer to
the complaint within the period to which he or she was original
entitled to and shall begin again from notice of the order
denying it.
Must be made within twenty 20 calendar days from
notice of admitting the supplemental complaint, unless a
different period is fixed by the court.
Such period shall not be less than five 5 days.
If no answer, the answer to the complain shall ser as
the answer to supplement complaint.
Motion for extension of time is prohibited on both
No basis to rely on as to the time to plead when a
motion to dismiss is filed and eventually denied.
Answer of a Defendant Foreign Private Juridical Entity
Answer or Amended Complaint
Answer shall be filed within sixty 60 calendar days
after receipt of summons by such entity.
Answer shall be filed within thirty 30 calendar days
after the defendant is served with a copy. Applies to amended
complaint as a matter of right.
Reckoning shall start form the receipt of the entity,
not when it was received by the government official
designated by law to receive it.
If amended after leave of court, answer shall be file
within fifteen 15 days from notice of the order admitting the
amended complaint.
Computation of Time
If no new answer is filed, the answer to original
complaint shall serve as the answer to the amended
complaint. Hence, no default.
New matter raised in the amended complaint are
deem admitted as they were not controverted by reason of
non-filing of a new answer.
Answer to Counterclaim or Cross-Claim
Answer must be within twenty 20 calendar days from
service.
For the 1991 Revised Rule on Summary Procedure,
answer must be within ten 10 calendar days from service of
the answer.
Only permissive counterclaims are required to be
responded to by an answer to that the plaintiff may not be
declared in default.
No ore need for the issuance and service of summons
before he or she may be required to file an answer to the
counterclaim.
Although a counterclaim is treated as an entirely
distinct and independent action, the defendant (plaintiff to
original action) already submitted to the jurisdiction of the
court upon the filing of his complaint.
Exclude the first day and include the last day.
If last day falls on the weekend or a legal holiday, the
next working day shall be deemed as the last day.
CHAPTER 11 BILL OF PARTICULARS
Purpose
When a pleading contains allegation, which are not
averred sufficient definiteness or particularity, a party may
move for a definite statement or for a bill of particulars before
responding to such pleading.
To enable the party to properly prepare his or her
responsive pleading.
Period to File
Since this remedy is sought before responding to a
pleading, such should be filed within the period fixed by the
rules within which to file a responsive pleading.
It shall point out defect complained of, the
paragraphs wherein they are contained, and the details
desired.
In case of a Reply
If such is to a reply, the motion must be filed within
ten 10 calendar days from service.
Action by the Court
The court may deny or grant it.
May also allow the parties to be heard.
If granted, compliance must be within ten 10 calendar
days from notice of order, unless different period is fixed.
Compliance may be filed either in a separate or in an amended
pleading.
Period to Plead
The party who filed the motion may file his or her
responsive pleading within the period which he was entitled to
at the time of filing of the motion.
Such period shall begin to run from service of bill of
particular or from notice of the order denying his motion.
Such period should not be less than five 5 calendar
days.
Effect of Non-compliance
The court may order the striking out og the pleading
or the portion to which the order was directed, or to make the
order as it deems just.
CHAPTER 12 FILING AND SERVICE OF PLEADINGS,
JUDGEMENTS, AND OTHER PAPERS | Rule 13
Filing and Service
Completion of Proof of Service
Complete upon actual delivery.
Proof consists a written admission of the party
containing a statement of the date, place, and manner of
service.
Filing
The act of submitting the pleading or other paper to
the court.
Service by Mail
Made by depositing in the post office, in a sealed
envelope, plainly addressed to the party or to the party’s
counsel this offices, if known.
Service
The act of providing a party with a copy of the
pleading or any other court submission.
Service to the Adverse Party
If party is with counsel, service must be upon his or
her counsel, unless the court order a copy served to both party
and counsel.
Notice to the party is not equal notice to the counsel.
Otherwise, at his residence.
The postage shall be fully paid and with instruction to
the postmaster to return the mail to the sender after ten 10
days if undelivered.
If no registry service, service may be done by ordinary
mail.
There must be a written explanation included in said
pleading or paper why the same was not personally served.
Such counsel/party shall be entitled one copy.
Completion and Proof of Service
Reason for Service to Counsel
The parties have no formal education or knowledge
of the rules of procedure and maybe unaware of the right and
duties of a litigant relative to the receipt of a decision.
It is best for the courts to deal only with one person
in interest of orderly procedure.
Ordinary mail
Complete upon expiration of ten 10 calendar days
after mailing, unless the court otherwise provides.
Proof of service consist of an affidavit of the person
mailing stating the facts showing compliance with Section 7.
If several counsel for one party, one copy must be
service to the lead counsel or any one of them if no designation
were made.
Registered Mail
Modes of Service
Proof service shall be the similar affidavit and the
registry receipt issued by the mailing office.
Pleadings, motions, notices, orders, judgements, and
other court submissions shall be served either by:
 Personal service
 Registered mail
Complete upon actual receipt by the addressee or
after five 5 calendar days from the date he received the first
notice of the postmaster, whichever date is earlier.
The registry return card shall be filed immediately
upon the its receipt by the sender, or in lieu, the unclaimed
mail together with the certified or sworn copy of the notice
given by the postmaster to the addressee.
 Accredited courier
 Electronic mail
Accredited Courier
 Facsimile transmission
Complete upon actual receipt by the addressee or
after qat least two 2 attempts to deliver by the courier service,
or upon the expiration of five 5 calendar days after the first
attempt to deliver, whichever is earlier.
 Other electronic means as may be authorized by
the Supreme Court
As provided for in international conventions to which
the Philippines is a party.
Personal Service
Done by personally delivering a copy to the party or
his counsel or to authorized representative named in the
appropriate pleading or by leaving it in his or her office with
his clerk or with person having charge.
No person in the office or his office is unknown or has
no office, may be by leaving the copy between 8AM to 6PM at
the party or counsel’s residence with a person suitable age and
discretion residing therein.
Proof consists of the affidavit of service executed by
the person who brought the pleading or paper to the service
provider together with the courier’s official receipt or
document tracking number.
Substituted Service
If cannot be made personally or by mail because the
office and place of residence of the party or his counsel is
unknown, service may be made by delivering copy to the clerk
of court with proof of failure of both personal service and
service by mail.
Complete at delivery.
Service by Electronic Means or Facsimile
Only be if the party concerned consents to such.
Electronic Means
Made by sending an e-mail to the party’s or counsel’s
electronic email address or through other electronic means of
transmission as the parties may agreed on or upon direction of
the court.
Supreme Court in places where the court is
electrically equipped.
Personal Submission
The clerk of court shall endorse on the pleading the
sate and hour of its filling.
The date indicated therein is deemed the date of its
actual filing or submission.
Facsimile
Proof of Filing
Made by sending an e-mail to the party’s or counsel’s
given facsimile number.
If court submission is not found in the record but is
claimed to have been filed personally, the filing shall be proven
by written or stamped acknowledgement of its filing by the
clerk of court on a copy of the pleading or court submission.
Electronic e-mail address or facsimile number are
presumed valid unless such party notifies the court of any
change.
By Registered Mail or Accredited Courier
Change of E-mail Addressor Facsimile Number
Changes in electronic mail or facsimile number, while
the action is pending, must promptly file a notice of change
with the court within five 5 calendar days from such change.
If by registered mail or by accredited courier, the date
of mailing of the motions, pleadings, and other court
submission and the payments or deposit, as shown by the post
office stamp on the envelope or the registry receipt shall be
the date of filing, payment, or deposit in court.
A copy shall be served upon all parties.
Proof of Filing
Completion of Service
Complete at the time of the electronic transmission
of the document, or when available, at the time that the
electronic notification of service of the document is sent.
Facsimile transmission is complete upon receipt by
the other party.
Proof of Service
If made by electronic mail, facsimile, or other
authorized electronic means, proof shall be made by an
affidavit of service executed by the person who sent the email, facsimile, or other electronic transmission, together with
a printed proof of transmittal.
If by registered mail, the filing shall be proven by the
registry receipt and by the affidavit of the person who mailed
it.
The affidavit shall contain a full statement fo the date
and place of deposit of the mail in the post office in a sealed
envelope addressed to the court with postage fully paid.
Contain an instruction to the postmaster to return the
mail to the sender after ten 10 calendar days if not delivered.
If by accredited courier service, shall be proven by an
affidavit of service of the person who brought the pleading or
other document to the service provider, with the courier’s
official receipt and document tracking number.
Electronic Transmission
Presumptive Service
Notice of hearing appeared on record to have been
mailed at least twenty 20 calendar days prior to the scheduled
date of hearing.
Applies if the addressee is within the same judicial
region of the court where the case is pending.
Otherwise, must be mailed at least thirty 30 calendar
days prior to the scheduled date of hearing for presumption to
rise.
If done by electronic transmission, the date of the
electronic transmission shall be considered as the date of
filing.
Format Required for Electronic Transmission
Case number, case title and the pleading, order or
document title
Proof of Filing
Manner of Filing
Shall be made by:
 Submitting personally the original thereof,
plainly indicated as such, to the court
 Sending them by registered mail
 Sending them by accredited courier.
 Transmitting them by electronic mail or other
electronic means as may be authorized by the
If filed by electronic mail, shall be proven by an
affidavit of electronic filing of the filing party accompanied by
a paper copy of the pleading or other document transmitted
or a written or stamped acknowledgement of its filing by the
clerk of court.
If the paper copy sent by electronic mail was filed by
registered mail, same shall be proven by registered mail.
If filed through other authorized electronic means,
the same shall be proven by an affidavit of electronic filing of
the filing by an affidavit of electronic filing or the filing party
accompanied by a copy of the electric acknowledgement of its
filing by the court.
Conventional Service
The following documents must be served or filed
personally or by registered mail when allowed. Shall not be
served electronically unless permission is granted.
 Initiatory pleadings and initiatory responsive
pleadings, such as an answer
 Subpoena, protection orders, and writs
 Appendices and exhibits
 Sealed and confidential documents or records
Appendices and exhibits not readily amenable to
electric scanning may be filed and served conventionally at the
option of the party filing such.
Services of Judgement, Final Orders, or Resolution
Shall be served personally or by registered mail.
Upon ex-parte motion of any party, may be delivered
by an accredited courier at the expense of such party.
When a party summoned by publication has failed to
appear, the judgement, final order, or resolution shall be
served by means of publication at the expense of prevailing
party.
Service by Court
The court may serve its orders or documents
electronically and shall have the same effect and validity as
provided under the Rules.
A paper copy shall be retained and attached to the
record of the case.
Notice of Lis Pendens
For actions affecting the title to or the right of
possession of real property, the plaintiff may record in the
office of the registry of deed of the province in which the
property is situated a notice of the pendency of the action.
The defendant may also the same if his answer claims
for affirmative relief.
Contains
 Names of the parties
 Object of action or defense
 Description of the property in that province
affected thereby.
Only from the time of filing of such notice, the
purchaser or encumbracer affected thereby be deemed to
have constructive notice to the pendency of the action.
Only limited as to the pendency of the action against
the parties.
May be cancelled upon order fo the court if purpose
is:


shown to molest the adverse party
unnecessary in protecting the right who cause it
to be recorded.
CHAPTER 13 SUMMONS | Rule 14
Who issues summons?
Summons is issued to the defendant by the clerk of
court upon the directive of the court.
Summons Defined
Summons
A court process in which the defendant is notified that
the plaintiff has commenced an action against him before a
particular court.
The court Is given within five 5 calendar days from
receipt of the initiatory pleading and proof of payment of the
requisite legal fees.
1.
The name of the court and names of the parties
to the action.
Subject to the condition that the complaint is not
dismissible on its face on grounds of lack of jurisdiction over
the subject matter, pendency of another action between the
same parties for the same cause (litis pendentia), that the
action is barred by prior judgement (res judicata), or by the
statute of limitations (prescriptions)
2.
When authorized by court upon ex parte motion,
an authorization of the plaintiff to serve the
summon
The court is not given the discretion on whether or
not to issue summons unless the complain is dismissible on its
face.
3.
Directs where to file the answer within the period
fixed by the Rules.
4.
Warning that unless he answers, plaintiff will
take judgement by default and may be granted
the relief prayed for.
It specifies:
If plaintiff is authorized to cause its service, it shall
indicate the authorization.
Purpose of Summons
Jurisdiction over the person
Jurisdiction in personam refers to the power of the
court to render a personal judgement or to subject the parties
in such action to the judgement and other rulings of the court.
Issuance and Service of Summons on Amended complaint
If amendment is made prior to the effective service of
summons or after the same had been served but the
defendant has not appeared in court, the issuance and service
is necessary.
Without such, the court did not only fail to acquire
jurisdiction over his person but also denies him of due process
required by law.
If complaint was amended after the defendant has
already appeared in court, there is no need to issue and serve
a new summon and the amended complaint may be served
upon such defendant even iof new causes of action are alleged
in the amended complaint.
It is essential of due process in personal actions
Defendant is given the opportunity to file an answer
based on the amended complaint.
To vest in the court jurisdiction over the person of the
defendant
Validity of Summons
To afford to the defendant the opportunity ti be
heard on the claim brough against him or her.
court.
Purpose
1.
2.
By giving such notice, jurisdiction over his person is
effectively acquired by the court.
If not acquired due to defective service of summons,
all proceedings and judgment shall be void.
Valid until duly served unless it is recalled by the
In case of loss and reduction, the plaintiff may file a
motion for the court to issue and alias summons.
What is Served Together with the Summons?
1.
Copy of the complaint.
2.
Copy of the order for appointment of guardian ad
litem, if any.
For purposes of effective service of summons, an
action for recovery of real property is considered as a real
action and an action in personam.
Such action involves the enforcement of a personal
right and obligation and the judgement that may be rendered
may impose some responsibility or liability upon the
defendant.
Who Serves the Summons
May be served by:
Hence, to validly render judgement, the court should
acquire jurisdiction over the person through proper service of
summons or by his voluntary appearance.
Proper service of summons gives way to due process
by allowing the defendant to file an answer to the complain
and lay down his voluntary appearance.
In real action or actions in rem, or quasi in rem, its
purpose is for giving the defendant the opportunity to answer
the complaint in compliance with the requirement of due
process.
1.
Sheriff
2.
His or her deputy
3.
Other proper court officer
Completion of Service
Shall complete its service within thirty 30n calendar
days from the issuance and receipt thereof.
Return
Shall file with the court within five 5 calendar days
from its service a return setting forth the manner, place, and
date of service.
Shall specify any papers served with the process and
the name of the person who received the same.
A copy shall also be served upon the plaintiff’s
counsel, personally or by registered mail, and also by
electronic means.
The sheriff’s return certifying that the summons was
duly served upon the defendants operates as prima facie
evidence of such fact.
Being an exception to the hearsay evidence rule, the
sheriff need not to testify in court as tp the facts stated in
return.
To overcome the presumption of regularity if
performance, the evidence must be clear and convincing.
If summons is served by a person other than the
sheriff or his deputy, the return shall be sworn to, made under
oat such as affidavit of service.
Service on Defendant Address is Unnecessary
Personal service of summons has nothing to do and
inconsequential where the summons is served.
The determinative of the validity of the service of
summons is the person of the defendant and not locus of its
service.
If defendant refused to receive and sign the summon,
mere tender of the same is sufficient personal service.
Domestic Private Juridical Entity Defendant
As such, service may be made to the president,
managing partners, general manager, corporate secretary,
treasurer, or in-house counsel where they may be found or in
their absence or unavailability, on their secretaries.
The enumeration is restricted, limited, and exclusive.
Application of expressio unius est exclusion alterius,
what has not been stated therein is intended not be included.
Service at Principal Office
Other Persons who May Serve the Summons
The court may authorize to serve the summons
together with the sheriff.
If summon is to be served outside of the judicial
region, the plaintiff may be authorized to cause it service.
If the plaintiff is a juridical entity, it shall notify its
authorized representative attaching a copy of board resolution
or secretary’s certificate.
Misrepresentation by the plaintiff that the defendant
was served with summons and proven true shall cause for the
nullification of the proceeding dismissal of the case with
prejudice, meted with appropriate actions.
If the summon is returned without being served, the
court shall order the plaintiff to cause the service by other
means.
Failure to comply shall cause for the dismissal of the
initiatory pleading without prejudice.
If the summon is improperly served and a lawyers
makes a special appearance to question the validity, the
counsel shall deputized by the court to serve the summon to
his client.
How served?
Shall be served personally upon the defendant by
handing him the copy and informing him that he is being
served.
If the defendant refuses to receive, the summon may
be serve by personally leaving the copy in the presences of the
defendant and within his view.
Other ways of service of summons may be used only
as prescribed and only in the circumstances authorized by
statute.
Impossibility of personal service must be shown by
stating the efforts have been made to find the defendants and
such efforts have failed.
If service of summons cannot be made on the officers
and secretaries, it shall be made upon the person who
customarily receives the correspondence for the defendant at
its principal office.
Under Receivership or Liquidation
Summons shall be made on the receiver or liquidator.
Refusal to Receive
If there is refusal of the person to receive the
summons despite there 3 attempts on two 2 different dates,
service may be made electronically.
Requires prior approval by the court.
Defendant is an Entity without Juridical Personality.
When persons are associated in an entity without
juridical entity are sued under the name they are generally or
commonly known, service may be effected upon all the
defendants by serving upon one of them, or person in charge
od the office, or place of business maintained in such name.
Shall not bind individually any person whose
connection with the entity was severed before the action was
filed.
Defendant is a Foreign Juridical Entity
If such transacted or is doing business in the
Philippines, service may be made on its resident agent
designated in accordance with law.
If there is no agent, service is on the government
official designated by law or any of its officers or agents within
the Philippines.
Sine qua non Requisite
It requires that the foreign corporation be one which
has transacted or is doing business in the Philippines.
If such, it should and will be amenable to process and
the jurisdiction of the local courts.
A single act or transaction made in the Philippines
qualifies a foreign corporation to be doing business in the
Philippines if such singular act is not merely incidental or
causal, but indicates intention.
For purpose of acquiring jurisdiction by way of
summons, no need to prove first the fact that said defendant
is doing business in the Philippines.
It is sufficient for the plaintiff to allege in the
complaint that the defendant has an agent in the Philippines
for summons to be validly served thereto, even without prior
evidence advancing such fatal allegation.
Principal-agent Relation
Though there is no requirement to first substantiate
the allegation of agency yet, it is necessary that there must be
specific allegations in the complaint that establishes the
connection between the principal foreign corporation and its
alleged agent with respect to the transaction in question.
A general allegation is insufficient to show the agency
relationship.
The determination of principal-agent relationship
from the allegation is only preliminary and is not even
conclusive as to liability.
Nothing bars the court from later making a different
finding after the parties had substantiated their respective
allegations with respect to agency should the same be
disputed.
 By such other means as the court may direct in
its discretion.
Leave of court must be acquired first.
Public Corporation Defendant
If defendant is the Republic of the Philippines, service
may be affected on the Solicitor General.
In case of province, city or municipality, or like
corporations, service may be affected in its executive head or
on such other officers or officers as the law or the court may
direct.
Prisoner Defendant
Shall be affected upon him by officer having
management of such jail or institution who is deemed as a
special sheriff.
Jail warden must file with the court a return within
five 5 calendar days from service.
Minor or Incompetent Person Defendant
Shall be made upon him personal and on his legal
guardian.
If no guardian, summon shall be served upon his
guardian ad litem whose appointment shall be applied for by
the plaintiff.
Government Official as Agent
If no designated resident agent, the government
official referred to in the rule is the SEC to which summons may
be served.
Such service shall have the same force and effect.
The SEC shall then transmit by mail a copy of the
summons to the corporation at its home or principal office
within ten 10 days.
Transmittal shall complete the service of the
summons.
The receipt of such summons as transmitted by SEC
shall be the reckoning date of the sixty 60 calendar day period
within which the answer should eb filed by the defendant.
Non-resident Foreign Entity
If foreign private judicial entity is not registered in the
Philippines or has no resident but has transacted or is doing
business in the county, service of summons may be effected
outside of the Philippines though the following:
 By personal service coursed thorough the
appropriate court in the foreign country with the
assistance of the department of the foreign
affairs.
 By publication once in a newspaper of general
circulation int eh country where the defendant
may be found and by serving a copy of the
summons and the court order by registered mail
at the last known address of the defendant
 By facsimile
 By electronic means with the prescribed proof of
service
Spouse as Defendants
Service of summons should be made to each spouse
individually.
Identity or Whereabouts Unknown
If cannot be ascertained by diligent inquiry, service
may be affected upon him by publication in a newspaper of
general circulation and in such places and for such time as the
court may order.
Requires leave of court and must be availed of within
ninety 90 calendar days from the commencement of the
action.
The defendant must answer in not less that sixty 60
calendar days after notice.
Substituted Service
If defendant cannot be served personally after at least
three 3 attempts on two 2 different dates, service may be
effected through substituted service.
 By leaving copies of the summons at the defendant’s
residence to a person at least 18 years of age and of
sufficient discretion residing there
 By leaving copies of the summons at the defendant’s
office or regular place of business with some
competent person in charge thereof. A competent
person includes but not limited to, one who
customarily receives correspondences for the
defendants.
 If refused entry upon making known his authority and
purpose known, by leaving copies of the summons
with any of the officers of the homeowners’
association o condominium corporation, or its chief
security officer in charge of the community or the
building where the defendants may be found.
 By sending an electronic mail to the defendant’s
electronic mail address, if allowed by court.
Condition upon which These Means may be Resorted
Extraterritorial service may be resorted with prior
leave of court and under any of the following:
1.
The action affects the personal status of the
plaintiff
2.
The action relates to, or the subject of which is,
the property within the Philippines in which the
defendants has, or claims, a lien or interest,
actual or contingent.
3.
The relief demand consists, wholly or in part, in
excluding the defendant from any interest
therein.
4.
The property of the defendant has been attached
within the Philippines.
Return
The return shall state the following:
The impossibility of prompt personal service within a
period of thirty 30 calendar days from issue and receipt of the
summons.
The date and time of the three 3 attempts made on
at least two 2 different dates to cause personal service and
details of the inquiries made to locate the defendant residing
thereat.
The name of the person at least 18 years of age and
of sufficient discretion n residing thereat, name of competent
person in charge of the defendant’s office or regular place of
business, or the name of the officer of the homeowners’
association or condominium corporation or its chief security
officer in charge of the community or building where the
defendant may be found.
Does substituted service may only be resorted to after thirty
30 calendar days?
Substituted service may be resorted to within thrity
30 calendar days if shown that personal service is impossible.
The impossibility must be show in the return.
The return must describe his or her return the facts
and circumstances surrounding the attempted personal
service.
The return must include:
 Effort made and the reason behind the failure
must be clearly narrated
Apply only to actions which are in rem or quasi in rem,
not in in personam.
Leave of Court
The order granting such leave of court shall specify a
reasonable time within which the defendant must answer
which period shall not be less that sixty 60 calendar days after
notice.
Defendant is a Resident but Temporarily Outside the
Philippines
Service of summons may be also effected out of the
Philippines through extraterritorial service.
How is Leave of Court is Sought?
Shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting
forth the grounds for the application.
Proving Service of Summons by Publication
 Date and time of the attempts
May be proved by:
 Inquiries made to locate the defendant
 By the affidavit of the publisher, his editor,
business or advertising manager. A copy of the
publication shall be attached to such affidavit.
 Names of the occupants of the alleged residence
or house of defendants
 All other acts done.
Extraterritorial Service of Summons
 By an affidavit showing the deposit of a copy of
the summons and order for publication in the
post office, postage prepaid, directed to the
defendant by registered mail to his or her last
known address.
If defendant does not reside or is not found in the
Philippines, service of summons may be effected by:
1.
Personal service
2.
A provided for in international conventions to
which the Philippines is a party
3.
Publication in a newspaper of general circulation
in such places and sending a copy of the summon
and court order allowing service to the
defendant’s last known address by registered
mail
4.
Any manner the court deem sufficient
International Conventions
Made through methods consistent with established
international conventions to which the Philippines is a party.
Article 5 of The Hague Convention of November 15,
1965 on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters.
 By a method prescribed by its internal law of the
service of documents in domestic actions upon
persons who are within its territory
 By a particular method requested by the
applicant, unless such method is incompatible
with the law of the State addressed.
Voluntary Appearance
If the defendants does an act which is inconsistent
with the right to object to the lack of jurisdiction in personam,
he or she is deemed to have submitted himself to the
jurisdiction of the court.
Invoking the court’s jurisdiction to seek affirmative
relied, defendant voluntarily submits himself to the court’s
authority.
Defendant’s voluntary appearance = service of
summons.
If Filing Motion to Dismiss Deemed Voluntary Appearance
If Motion to dismiss alleges other grounds aside from
lack of jurisdiction over the person of the defendant, it shall be
deemed as voluntary appearance in court.
Motion to Inhibit
Doing so, the defendant seeks affirmative relief other
than the dismissal of the case and thus, considered as
voluntary submission to the court’s jurisdiction.
Active participation of a party in the proceeding is
tantamount to an invocation of the court’s jurisdiction and a
willingness to abide by the resolution of the case and will bar
him from later on impugning the court’s jurisdiction.
Motion for Extension of Time
Likewise consider as voluntary appearance in court.
CHAPTER 14 MOTIONS | Rule 15
Motions
Necessary to avail of some of the remedies.
An application for relief other than by a pleading.
Shall be in writing except those made in open court or
in the course of a hearing or trial.
If made in open court or in the course of a trial, it must
be immediately be resolved by the court in open court after
giving the adverse party the opportunity to argue hi
opposition.

Motion for an order to break in or for a writ of
demolition;

Motion for intervention;

Motion for judgment on the pleadings;

Motion for summary judgment;

Demurrer to evidence; and

Motion for declare the defendant in default

Other similar motions.
Duty of Opposing Party
If it is based on fact not appearing on record, the court
may hear the matter on affidavits or depositions presented by
the respective parties.
File the opposition to a litigious motion within five 5
calendar days from receipt.
The court may direct that the matter be heard, wholly
or partly, on oral testimony or depositions.
The court shall resolve within fifteen 15 calendar days
from receipt of the opposition or upon the expiration of the
period to file the same.
No other submission will be considered.
Contents of a Motion
State the relief sought to be obtained and the
grounds upon which it is based.
Requires by the Rules or necessary to prove facts
alleged, it must be accompanied by supporting affidavits and
other papers.
Rule on form of pleadings shall apply in motions.
Service of Motions
All motions should be served by personal service,
accredited service courier, or registered mail, or electronic
means.
No written motion shall be acted upon by the court
without proof of service thereof.
Non-litigious Motions
Notice of Hearing
Motions which the court may act upon without
prejudicing the rights of the adverse party. These include:
If necessary for its resolution, in the exercise of its
discretions, conduct hearing on a litigious motion.

Motion for the issuance of an alias summons;

Motion for extension to file an answer;

Motion for postponement;

Motion for the issuance of a writ of execution;

Motion for the issuance of an alias writ of
execution;

Motion for the issuance of a writ of possession;

Motion for the issuance of an order directing the
sheriff to execute the final certificate of sale; and

Other similar motions.
Notice of hearing shall be addressed to all parties,
specifying the time and date.
Motion Day
In hearing for litigious motions, it shall be on Friday
without prejudice to those motions which require immediate
actions by the court.
Prohibited Motions
The following are not allowed:

Shall not be set for hearing and resolved by the court
within five 5 calendar days from receipt.
Motion to dismiss, except on the following
grounds:

That the court has no jurisdiction over the
subject matter of the claim;

That there is another action pending
between the same parties for the same
cause; and

That the cause of action is barred by a prior
judgment or by the statute of limitations;
Litigious Motions
This includes:

Motion for bill of particulars;

Motion to dismiss;

Motion to hear affirmative defenses.

Motion for new trial;


Motion for reconsideration;
Motion for reconsideration of the court’s action
on the affirmative defenses.

Motion for execution pending appeal;


Motion to amend after a responsive pleading has
been filed;
Motion to suspend proceedings without a
temporary restraining order or injunction issued
by a higher court.

Motion to cancel statutory lien;


Motion for extension of time to file pleadings,
affidavits or any other papers, except a motion
for extension to file an answer as provided by
Section 11, Rule 11 A prohibited motion for
extension to file any pleading, other than an
answer, is considered a mere scrap of paper. The
court, however, may allow any other pleading to
be filed after the time fixed by the Rules. [See
When to File Responsive Pleadings].

Motion for extension of time to file pleadings,
affidavits, or any other paper;

Memoranda;

Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;

Motion to declare the defendant in default

Dilatory motions for postponement;
Motion for postponement intended for delay,
except if it is based on acts of God, force majeure
or physical inability of the witness to appear and
testify. If the motion is granted based on such
exceptions, the moving party shall be warned
that the presentation of its evidence must still be
terminated on the dates previously agreed upon.

Reply and rejoinder;

Third-party complaints; and

Interventions.
Motion to Dismiss
General Rule

Motion to dismiss is a prohibited motion.
Exception

When such motion is based on the ground of lack of
jurisdiction over the subject matter, litis pendentia,
res judicata, or prescription.
Prohibited Pleading and Motions under Revised Rule on
Summary Procedure

Motion to dismiss the complaint or to quash the
complaint or information except on the ground of lack
of jurisdiction over the subject matter, or failure to
comply with the preceding section;

Motion for a bill of particulars;

Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;

Petition for relief from judgment;

Motion for extension of time to file pleadings,
affidavits or any other paper;

Memoranda;

Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;

Motion to declare the defendant in default;

Dilatory motions for postponement;

Reply;

Third party complaints;

Interventions.
Prohibited Pleading and Motions under Revised Rule of
Procedure for Small Claims

Motion to dismiss the Statement of Claim/s;

Motion for a bill of particulars;

Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;

Petition for relief from judgment;
Other Prohibited Motions
Those that falls under Rules on the Writs of Amparo
and Habeas Data and the Rules of Procedure for
Environmental Cases.
Omnibus Motion Rule
A motion attacking a pleading, order, judgement, or
proceeding shall include all objection then available.
All objections not so included shall be deemed
waived.
Such waiver does not cover the following:

lack of jurisdiction over the subject matter

pendency of another action between the same
parties for the same cause (litis pendentia)

that the action is barred by prior judgement (res
judicata),

that the action is barred by the statute of
limitations (prescriptions)
Motion for Leave
A motion for leave to file a pleading or motion shall
be accompanied by the pleading or motion sought to be
admitted.
Remedy for Denied Motion to Dismiss
File an answer and raising therein the grounds used in
the motion as affirmative defenses.
Order denying such is merely interlocutory and not
appealable.
The Rules did not provide for a specific period within
which the answer should be filed under the circumstance.
The defendant may file the answer within the
remaining period within which he is entitled to at the time the
motion was filed which will begin to run again from notice of
the order denying the same.
CHAPTER 15 DISMISSAL OF ACTION | Rule 17
Dismissal by Plaintiff as a Matter of Right
A complaint may be dismissed by the plaintiff by filing
a notice of dismissal before service of answer or a motion for
summary procedure.
The court does not rule on the same but merely
confirms the dismissal. The court has no discretion to deny but
to confirm and consider the case dismissed.
Unless otherwise stated, the dismissal is without
prejudice.
claims of the plaintiff and such dismissal with the consent of
the defendant.
Does dismissal undier this rule be a ground in a Motion to
Dismiss under Rule 15?
If the dismissal by the plaintiff false under the twodismissal rule, such dismissal operates as an adjudication upon
the merits.
Hence if case if re-filed for the third time, it may be
dismissed through a motion to dismiss barred by prior
judgement.
The determinative factor is the statement made in
the notice filed by the plaintiff.
Dismissal by Plaintiff with Court’s Approval
If the notice did not specify, the dismissal is deemed
without prejudice.
If an answer and motion for summary judgement is
filed, the complaint shall not be dismissed without the court’s
approval, subject to terms and conditions imposed.
If no responsive pleading or no motion for summary
judgement, the dismissal as a matter of right may be made
before the introduction of evidence at the trial or hearing.
Unless specified, dismissal is without prejudice.
If evidence already introduce evidence even in cases
of no answer or motion for summary judgement, dismissal of
complaint can no longer be effected.
Counterclaim
Two-dismissal Rule
Such dismissal shall be without prejudice to the right
of the defendant to file claim in a separate action.
Exception to the rule that the dismissal is without
prejudice when dismissal false within the two-dismissal rule
Limits the dismissal of the action at the instance of
the plaintiff.
The second notice of dismissal of the action bars him
from re-filing the action for the third time.
The second dismissal operates as an adjudication
upon the merits and shall, therefore, be with prejudice.
Only applies when both dismissals were at the
instance of the plaintiff.
Purpose
To avoid vexatious litigation. Thus, preventing the
plaintiff form commencing numerous actions.
If a counterclaim pleaded in an answer and before
service of motion to dismissal to defendant, dismissal shall be
limited to the complaint.
The defendant may still pursue hi counterclaim in the
same action.
The governing factor is the service of the motion to
the defendant and not filing thereof the court.
For this to apply, the counterclaim must be filed prior
to service of such motion.
If motion to dismiss was served upon the defendant
prior to the service of the answer with counterclaim or of a
motion for summary judgment, such rule does not apply.
This rule provides for the vindication of right under
the counterclaim, which no longer depend on the survival of
the main complaint.
Prior Dismissal at the Instance of the Defendant
If defendant opt to prosecute counterclaims in the
same action, he must manifest such preference within fifteen
15 days from notice of motion to dismiss.
The two-dismissal will not apply if the prior dismissal
by the defendant.
action.
Otherwise, such may be prosecuted in a separate
However, the court is not precluded from dismissing
the counterclaim if the same suffers from jurisdictional flaws.
Requisites for Two-dismissal Rule
1.
There was a previous case that was dismissed by
a competent court
Permissive or Compulsory
2.
Both cases were based on or include the same
claim
This rule applies to the right to prosecute such
counterclaim regardless of nature., regardless permissive or
compulsory.
3.
Both notices of dismissal were filed by the
plaintiff
4.
When the motion to dismiss filed by the plaintiff
was consented to by the defendant on the
ground that the latter paid and satisfied all the
claims of the former.
A dismissal made by the plaintiff for the first time,
shall also bar re-filling of the act on when the same was made
on the ground that the defendant has paid and satisfied all the
Class Suit
Shall not be dismissed or compromised without the
approval of the court.
Dismissal Due to Fault of the Plaintiff
An action may be dismissed upon the motion fo the
defendant or court’s moto proprio if for no justifiable cause,
the plaintiff:
1.
Fails to appear on the date of the prosecution of his
or her evidence in chief on the complaint
2.
To prosecute his or her action for an unreasonable
length of time
3.
To comply with the Rules or any order of the court.
Shall have an effect of an adjudication on the merits,
unless otherwise declared by the court.
Unless the order specifies that the dismissal is
without prejudice, the action shall be deemed to have been
dismissed with prejudice.
If the court did not specify the nature of dismissal, it
shall be deemed as an adjudication upon the merits.
Appeal must then be made within the prescribed
period.
If not, dismissal shall attain finality.
Shall also without prejudice to right of the defendant
to prosecute his counterclaim in the same or separate action.
Applicability to Other Claims
Res judicata does not require absolute but merely
substantial identity of the parties.
Substantial identity or parties
When there is a community of interest or privity of
interest between a party in the first and a party in the second
case even if the first case did not implead the latter.
The principles behind litis pendentia and res judicata
rest upon the prohibition against forum shopping.
Forum shopping
Institution of two 2 or more actions or proceedings
involving the same parties for the same cause of action, either
simultaneously or successively on the supposition that one 1
or other court would make a favorable disposition.
Maybe resorted by any party against whom an
adverse judgement or order has been issued in one 1 forum, in
an attempt to seek a favorable opinion in another, other than
by appeal or a special civil action for certiorari.
Willful and deliberate violation of the rule against
forum shopping is a ground for summary dismissal and
constitute direct contempt.
Remedy of Barred Refiling of Action
Applies to counterclaims, cross-claims, or third-party
complaints.
Appeal the order of dismissal.
Dismissal Bars Refiling
If the appeal does not involve factual issues, the same
cannot be made through ordinary appeal but by way of an
appeal by certiorari raising only pure questions of law.
If dismissed with prejudice, it shall bar from refiling.
Premised on the fact that res judicata arises upon the
adjudication of an action on its merits.
If the court was tainted with grave abuse of discretion
amounting to lack of or in excess of jurisdiction, the same may
be question and set aside through petition for certiorari.
An order granting a motion to dismiss or an
affirmative defense on the following grounds shall bar the
refiling of the same action or claim:
Plaintiff may also file a motion for reconsideration of
the order granting the dismissal of the case.

That the cause of action is barred by a prior
judgement or by the statute of limitation.

That the claim or demand set forth in the plaintiff’s
pleading has been paid, waived, abandoned, or
otherwise extinguished.

That the claim on which the action is founded is
unenforceable under the provisions of the stature of
frauds
Shall be subject to the right of appeal.
Elements of res judicata
Res judicate arises if the following occur:
1.
The former judgement must be final
2.
The court which rendered it has jurisdiction over the
subject matter and the parties
3.
The judgement must be on the merits
4.
There must be between the first and the second
actions identity of parties, subject matter, and cause
of action.
If former judgement has not attained finality, ground
of dismissal is litis pendentia
The order denying his motion for reconsideration is
appealable.
Laches as ground to Dismiss the Action
Must be raised as an affirmative defense in the
answer.
It cannot be used as a ground in a motion to dismiss.
CHAPTER 16 PRE-TRIAL | Rule 18
Failure to bring the evidence required without just
cause shall be deemed a waiver of the presentation of such
evidence.
Duty to Set Case for Pre-Trial
After last responsive pleading is served and filed, the
issues are enjoined.
The duty of the branch clerk of court to issue a notice
of pre-trial within five 5 calendar days from the filing of that
last responsive pleading.
Pre-trial shall be set not later than sixty 60 calendar
days from filing of the last responsive pleading.
Reservation of Evidence
Evidence which are not available during the pre-trial
may be reserved by giving a particular description of such
evidence.
Testimonial evidence may be reserved by giving the
name or position of the proposed witness and the nature of his
or her testimony.
Notice shall be served to the counsel and if none, to
the parties.
Otherwise, no reservation shall be made.
Effect of Failure to Appear
Mandatory Pre-trial
Mandatory and should be terminated promptly
If without valid cause and duly notified, cause for
dismissal of the action.
Purpose
Shall be with prejudice unless otherwise ordered by
To abbreviate the proceedings in court and to simplify
and expedite the proceedings in court. It serves to clarify and
limit the basic issues between the parties and to take the trial
of cases out of the realm of surprises and maneuvering.
court.
If action is dismissed due to the failure of the plaintiff
and counsel to appear during the pre-trial, the defendant shall
be entitled to judgement on his counterclaim.
All cross-claim shall be dismissed.
Matters Considered during Pre-trial.
The following shall be covered:
1.
Possibility of an amicable settlement or of a
submission to alternative modes of dispute
resolution;
2.
Simplification of the issues;
3.
Possibility of obtaining stipulations or admissions
of facts and of documents to avoid unnecessary
proof;
4.
Limitation of the number and identification of
witnesses and the setting of trial dates;
5.
Advisability of a preliminary reference of issues
to a commissioner;
6.
Propriety of rendering judgment on the
pleadings, or summary judgment, or of
dismissing the action should a valid ground
therefore be found to exist;
Other Requirements
Parties are required to do:
1.
Allows the plaintiff to present his evidence ex parte
within ten 10 calendar days from the termination of the pretrial and court may render judgement on such basis.
The plaintiff may utilize the admission made by
the defendant in his answer.
The pendency of a motion for summary judgement
earlier filed does not justify the failure of a party to appear
during pre-trial. A party can’t use the inaction of the court as
an excuse for their inability to file his or her pre-trial brief.
Defendant forfeits his opportunity to rebut the
evidence presented by the plaintiff and to present his own
evidence, and could not conduct cross-examination of the
plaintiff’s witness.
General Rule

If sole defendant failed to appear, the plaintiff shall
be entitled to the judgement.
Exception

If there are several defendants who are sued under
the same cause of action and pleaded a common
defense and one of them appeared in trial.
Mark their respective evidence if not yet marked
in the judicial affidavits of their witnesses;
Pre-trial Brief
2.
Examine and make comparisons of the adverse
parties’ evidence vis-à-vis the copies to be
marked;
Shall file with the court and service copy to the
adverse party in a manner as shall ensure receipt thereof at
least three 3 calendar days before the schedule pre-trial.
3.
Manifest for the record stipulations regarding
the faithfulness of the reproductions and the
genuineness and due execution of the adverse
parties’ evidence.
Failure of a party and counsel to appear without just
cause and despite notice, shall result in a waiver any objections
to the faithfulness of the reproduction marked on their
genuineness and due execution.
Pre-trial brief contains:
1.
A concise statement of the case and the reliefs
prayed for;
2.
A summary of admitted facts and proposed
stipulation of facts;
3.
The main factual and legal issues to be tried or
resolved;
4.
The propriety of referral of factual issues to
commissioners;
5.
The documents or other object evidence to be
marked, stating the purpose thereof;
6.
The names of the witnesses, and the summary of
their respective testimonies; and
7.
A brief statement of points of law and citation of
authorities.
General Rule:
Postponement
prohibited
of
presentation
of
witness
is
Exceptions
If based on:
Effect of Failure to File Pre-trial Brief
Shall have the same effect as failure to appear at the
pre-trial.
Non-appearance may be excused only if a valid cause
is shown or if a representative shall appear in his behalf.
Representative must be fully authorized in writing to:
1.
enter into an amicable settlement
2.
to submit to alternative modes of dispute
resolution,
3.
enter into stipulations or admissions of facts and
documents

Acts of God

Force majeure

Duly substantiated physical inability of the
witness.
The party who caused the postponement is warned
that the presentation of its evidence must still be terminated
within the remaining dates previously agreed upon
Postponed date shall be deducted from the reserved
dates for that party complete the presentation of his evidence.
Postponement is subject to requisite payment for the
postponement fee.
Waiver of Objections and Cross-examination
Pre-trial Order
The court shall issue the pre-trial order within ten 10
calendar days upon termination of the pre-trial.
Details include:
1.
An enumeration of the admitted facts;
2.
The minutes of the pre-trial conference;
3.
The legal and factual issue/s to be tried;
4.
The applicable law, rules and jurisprudence;
5.
The evidence marked;
6.
The specific trial dates for continuous trial, which
shall be within the period provided by the Rules;
7.
8.
9.
The case flowchart to be determined by the
court, which shall contain the different stages of
the proceedings up to the promulgation of the
decision and the use of time frames for each
stage in setting the trial dates;
A statement that one-day examination of witness
rule and most important witness rule under A.M.
No. 03-1-09-SC (Guidelines for Pre-Trial) shall be
strictly followed; and
A statement that the court shall render judgment
on the pleadings or summary judgment, as the
case may be.
Contents of the pre-trial order shall control the subsequent
proceeding, unless modified before trial to prevent manifest
justice.
Other Matters
Direct testimony of the witness for the plaintiff shall
be in the form of judicial affidavits.
After the identification of such affidavits, crossexamination shall proceed immediately.
The presentation of the scheduled witness will
proceed with the absent party being deemed to have waived
the right to interpose objections and conduct crossexamination.
Judgement after Pre-trial
The court shall motu proprio include in the pre-trial
order that the case be submitted for summary judgement or
judgement on the pleading on the following instances:

Should there be no more controverted facts

No more genuine issues as to any material facts

An absence of any issue

Should the answer fail to tender an issue
No more need for submission of position paper or
memoranda and judgement shall be rendered within ninety 90
calendar days from the termination of pre-trial.
Shall not be subject to appeal or certiorari.
Court-annexed Mediation
Referral of certain cases to the Philippine Mediation
Center for mediation proceeding is now conducted after pretrial and after issues are joined.
Pending such mediation, the proceedings in the court
is suspended.
Period of mediation shall not exceed thirty 30
calendar days and shall be without further extension.
Considered as part of pre-trial and sanction absent
parties.
Parties are encouraged to personally attend the
proceedings, with or without counsel.
Judges and granted the discretion to dismiss an action
for failure of the plaintiff to appear at mediation proceedings.
Notice of pre-trial includes date for court-annexed
mediation and judicial dispute resolutions.
Parties and counsel are duty-bound to attend.
May be excuse only on:

Acts of God

Force majeure

Duly substantiated physical inability of the
witness.
A representative may be allowed ad must be fully
authorized in writing to:
1.
enter into an amicable settlement
2.
to submit to alternative modes of dispute
resolution,
3.
enter into stipulations or admissions of facts and
documents
Judicial Dispute Resolution
If mediation failed, case is referred to undergo judicial
dispute resolution before the judge.
Only allowed when the presiding judge is convinced
that settlement is still possible.
Referred to another court, not of the court where the
action is raffled, which shall conduct it for a non-extendible
period of fifteen 15 calendar days from notice of failure of
mediation.
If such failed, the case shall proceed to trial.
Confidentiality of Proceedings
Disclosures or admissions made during the
proceedings cannot be utilized as evidence during the trial.
CHAPTER 17 INTERVENTION | Rule 19
Intervention
A remedy by which a third party, not originally
impleaded in the proceedings, becomes a litigant therein to
enable him, her or it to protect or preserves a right or interest
which may be affected by such proceedings.
Not a right and is left to the court’s discretion.
Leave of Court Required
Interest cannot be founded on mere sentimental
desire to uphold the rule of law.
Interest must be actual, substantial, material, direct,
and immediate, and not simply contingent or expectant.
Pleadings Filed
Complaint-in-intervention
Filed when the intervenor asserts a claim against
either or all of the original parties.
Must be filed at any time before judgement.
Pleading-in-intervention must be attached to the
motion and served upon the original parties.
Only permitted if the applicant shows facts which
satisfy the requirements authorizing intervention.
Answer-in-intervention
Filed when the intervenor unites with the defending
in resisting a claim against the latter.
Answer to Complaint-in-intervention
Period to Intervene
Must be filed before judgement is rendered in the
action and is strictly enforced.
Due to the fact that intervention is not an existing
litigation.
Undue delay would result in the belated filing of
motions for intervention after judgement has been rendered.
Jurisprudence cannot reward those who slept on their lawfully
granted privilege and unduly prejudice the original parties to
the action.
Must be filed within fifteen 15 calendar days from
notice of the order admitting the same, unless otherwise fixed
by the court.
Filed by the original party.
Court Action
The court shall consider:
1.
whether the intervention will unduly delay or
prejudice the adjudication of the rights of the
original parties.
2.
whether the intervenor’s rights may be fully
protected in a separate proceeding.
Purpose
Not to obstruct or unnecessarily delay the placid
operation of the machinery of trial, but merely to afford one
not an original party claiming interest, the opportunity to
appear and joined to assert or protect such right or interest.
The court is required:
1.
Must determine if the requisite legal interest is
present.
2.
Must also take into consideration the delay and
consequent prejudice to the original parties that
the intervention will cause.
Right of intervenor is to aid the right of the original
party.
General Rule
If the right of the original party ceases, there is
nothing to fight for and the right of intervention ceases.
If the intervention of the Republic which is an
indispensable party, the Supreme Court allowed its
intervention even after judgement has already been rendered
in the action.
Who may Intervene
Intervention may only be allowed only before of
judgement by the trial court.
An independent controversy cannot be injected into
a suit by intervention.
Intervention will not be allowed where it would
enlarge the issues and expand the scope of the remedies.
If certain facts gives intervenor case an aspect
peculiar to himself and different to the original party, the
proper course is to litigate his or her claim ion a separate suit.

Has an immediate legal interest in the matter in
controversy, not merely contingent;
The court has no authority to allow a person who has
no interest in an action.

Has legal interest in the success of either of the
parties in the action;
If the court commits a mistake and allows
uninterested person, error in judgement and jurisdiction.

Has legal interest against both parties; or

Would be adversely affected by a distribution or
other disposition of the property in the custody of
the court or of an officer thereof.
Such kind of error may be reviewed in a special civil
action for certiorari.
CHAPTER 18 ASSIGNMENT AND CALENDAR OF
CASES | Rule 20
Assignment of Cases
Commenced by the actual filing of the initiatory
pleading in court.
Actions in multi-sala, cases are assigned to its
branches exclusively by raffle.
No case may be assigned to any branch without being
raffled.
Raffle of cases is conducted by the Executive Judge of
the court concerned.
Purpose
Equal distribution of cases among courts.
A raffle committee is constituted and stricter
measures were imposed for equitable distribution of cases.
A number of administrative directives were issued to
ensure integrity and fair assignment of cases in courts.
Manner of raffle may vary in different stations
depending on availability of resources., such as lottery, bingo
tambiolo, or roulette.
Raffle must be done in open court in the presence of
lawyers and the public, not in the chambers.
Actions filed in sala courts, no need to raffle.
Calendar of Cases
Clerk of court, upon the direct supervision of the
judge, keep a calendar for pre-trial, trial, trial adjourned or
postponed, and motions to set for hearing.
Preferences shall eb given to habeas corpus cases,
election cases, special civil actions, and those required by law.
Usually designated to the interpreter or the clerk-incharge.
Preparation of calendar shall be supervised by the
presiding judge.
Posting
A copy of the court calendar should be posted outside
the courtroom at least one 1 day before the scheduled
hearing.