CIVIL PROCEDURE : PRINCIPLES, RULES C.

Commission on Audit
AND REMEDIES D. Sandiganbayan
ADAMSON UNIVERSITY TEXT
COLLEGE OF LAW, A.Y.2016 SUPREME COURT
REMEDIAL LAW CONCURRENT
WHY STUDY REMEDIAL LAW 1. With the Court of Appeals
A person may know his rights. He knows the obligations of Petitions for certiorari, prohibition or mandamus against the:
another. How to enforce and protect these rights and A. Regional Trial Court
compel the other party to comply with his obligations lie B. Civil Service Commission
within the province of remedial law. C. Central Board of Assessment Appeals
Associate Justice Ramon Fernandez, 1979, REMEDIAL LAW AND SUBSTANTIVE D. Court of Tax Appeals
LAW:THE NATURE E. Other quasi-judicial agencies
AND IMPLICATIONS OF THEIR INTERACTION. F. National Labor Relations Commission
REMEDIAL LAW REMEDIAL LAW
COURSE STUDY PRINCIPLES ON HEIRARCHY
WHERE, WHEN, WHAT AND HOW Audi AG v. Mejia, G.R. No. 167533, July 27, 2007; De los Reyes v.
LOGIC AND ILLUSTRATIONS People, G.R. No. 138297, January 27, 2006
METHOD Hierarchy of courts meant that while the Supreme Court, the Court of
HOW THE LEGAL SYSTEM WORKS Appeals and the Regional Trial Courts have concurrent jurisdiction to
REMEDIAL LAW issue original writs of certiorari, prohibition, mandamus, quo
OUTLINE OF DISCUSSIONS warranto and habeas corpus, such concurrence does not accord
Introduction - General Principles litigants unrestrained freedom of choice of court to which filing
Constitutional Provisions thereof may be directed. Petitions should be filed with the court of
Rules of Court lower level unless the importance of the issue involved deserves the
REMEDIAL LAW action of a higher court.
INTRODUCTION REMEDIAL LAW
SUBSTANTIVE REMEDIAL ORGANIZATION
That part of the law which Article VIII, Section 4.
creates, defines or regulates (1) The Supreme Court shall be composed of a Chief
rights concerning life, liberty Justice and fourteen Associate Justices. It may sit en banc
or property or the power of or in its discretion, in division of three, five, or seven
agencies or instrumentali9es Members. Any vacancy shall be filled within ninety days
for the administra9on of from the occurrence thereof.
public affairs. REMEDIAL LAW
Prescribes the method of RULE MAKING POWER OF SUPREME COURT
enforcing rights or ARTICLE VIII, SECTION 5(5) Promulgate rules concerning the
obtaining redress for their protection and enforcement of constitutional rights, pleading,
invasion. practice, and procedure in all courts, the admission to the
REMEDIAL LAW practice of law, the integrated bar, and legal assistance to the
CONSTITUTION under-privileged. Such rules shall provide a simplified and
ARTICLE VIII, Section 1. The judicial power shall be vested inexpensive procedure for the speedy disposition of cases,
in one Supreme Court and in such lower courts as may be shall be uniform for all courts of the same grade, and shall not
established by law. diminish, increase, or modify substantive rights. Rules of
Judicial power includes the duty of the courts of justice to procedure of special courts and quasi-judicial bodies shall
settle actual controversies involving rights which are remain effective unless disapproved by the Supreme Court.
legally demandable and enforceable, and to determine REMEDIAL LAW
whether or not there has been a grave abuse of discretion JURISDICTION
amounting to lack or excess of jurisdiction on the part of Jurisdiction is defined as the power and authority of a court to hear and
any branch or instrumentality of the Government. decide a case.
REMEDIAL LAW A courts jurisdiction over the subject matter of the action is conferred only by
HEIRARCHY OF COURTS the Constitution or by statute.The nature of an action and the subject matter
TEXT thereof, as well as which court or agency of the government has jurisdiction
SUPREME COURT over the same, are determined by the material allegations of the complaint in
ORIGINAL relation to the law involved and the character of the reliefs prayed for,
EXCLUSIVE whether or not the complainant/plaintiff is entitled to any or all of such reliefs.
1. Petitions for certiorari, prohibition or mandamus against the: Jurisdiction being a matter of substantive law, the established rule is that the
A. Court of Appeals statute in force at the time of the commencement of the action determines the
B. Commission on Elections jurisdiction of the court. (BPI vs. Hong, February 2012)
REMEDIAL LAW
ASPECTS OF JURISDICTION
1. Jurisdic9on over the subject maAer
2. Jurisdic9on over the par9es
3. Jurisdic9on over the issues of the case
4. Jurisdic9on over the res or the thing involved in the li9ga9on
REMEDIAL LAW
JURISDICTION OVER THE SUBJECT MATTER
It is determined by the allega9ons of the complaint regardless of whether or not
the plain9ff is en9tled to his claims asserted therein.
It is conferred by law which may be either the Cons9tu9on or a statute (B.P. Blg
129 or RA 7619).
It cannot be conferred by the agreement of the par9es, by contract or by par9es
silence or acquiescence.
REMEDIAL LAW
DOCTRINE OF PRIMARY JURISDICTION
Under the doctrine of primary administrative jurisdiction, courts will
not determine a controversy where the issues for resolution demand
the exercise of sound administrative discretion requiring the special
knowledge, experience, and services of the administrative tribunal
to determine technical and intricate matters of fact.
In other words, if a case is such that its determination requires the
expertise, specialized training, and knowledge of an administrative
body, relief must first be obtained in an administrative proceeding
before resort to the court is had even if the matter may well be
within the latter's proper jurisdiction.
REMEDIAL LAW
DOCTRINE OF PRIMARY JURISDICTION
The objective of the doctrine of primary jurisdiction is to
guide the court in determining whether it should refrain
from exercising its jurisdiction until after an administrative
agency has determined some question or some aspect of
some question arising in the proceeding before the court.
(Nestle Philippines vs. Uniwide Sales, October 2010)
REMEDIAL LAW
Doctrine of adherence of jurisdiction
When a court has already obtained and is exercising
jurisdiction over a controversy, its jurisdiction to proceed
to final determination of the case is not affected by a new
legislation transferring jurisdiction over such proceedings
to another tribunal. (Alindao v. Joson, 264 SCRA 211).
Once jurisdiction is vested, the same is retained up to the
end of the litigation (Bernate v. Court of Appeals, 263
SCRA 323).
REMEDIAL LAW
DOCTRINE OF ADHERENCE OF JURISDICTION
This Court is not unmindful nor unaware of the doctrine
on the adherence of jurisdiction. However, the rule on
adherence of jurisdiction is not absolute and has
exceptions. One of the exceptions is that when the
change in jurisdiction is curative in character (Garcia v.
Martinez, 90 SCRA 331 [1979]; Calderon, Sr. v. Court of
Appeals, 100 SCRA 459 [1980]; Atlas Fertilizer
Corporation v. Navarro, 149 SCRA 432 [1987]; Abad v.
RTC of Manila, Br. Lll, 154 SCRA 664 [1987]).
REMEDIAL LAW
EXCEPTIONS TO THE DOCTRINE OF ADHERENCE OF JURISDICTION
1. Where a subsequent statute expressly prohibits the con9nued exercise of
jurisdic9on;
2. Where the law penalizing an act which is punishable is repealed by a subsequent law;
3. When accused is deprived of his cons9tu9onal right such as where the court fails to
provide counsel for the accused who is unable to obtain one and does not
intelligently waive his cons9tu9onal right;
4. Where the statute expressly provides, or is construed to the effect that it is intended
to operate as to ac9ons pending before its enactment;
5. When the proceedings in the court acquiring jurisdic9on is terminated, abandoned or
declared void;
6. Once appeal has been perfected;
7. Cura9ve Statute.
REMEDIAL LAW
DOCTRINE OF ANCILLIARY JURISDICTION
It involves the inherent or implied powers of
the court to determine issues incidental to
the exercise of its primary jurisdic9on.
REMEDIAL LAW
JURISDICTION OF THE SUPREME COURT
ORIGINAL JURISDICTION
APPELLATE JURISDICTION
LIMITATIONS ON ITS POWER
REMEDIAL LAW
ORIGINAL JURISDICTION
ARTICLE VIII, section 5 (1), 1987 Constitution
Supreme Court Internal Rules A.M. 10-4-20 SC
REMEDIAL LAW
ORIGINAL JURISDICTION OF SUPREME COURT
1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
REMEDIAL LAW
CASES DECIDED EN BANC AND BY DIVISION
EN BANC DIVISION
Section 3, Rule 2, Part 1, A.M.
10-4-20 SC
All cases and matters under the jurisdiction
of the Court not otherwise provided for by
law, by the Rules of Court or by these
Internal Rules to be cognizable by the Court
en banc shall be cognizable by the Divisions.
REMEDIAL
THE EXERCISE OF JUDICIAL FUNCTION
The Supreme Court a court of law. The Court is a court of
law. Its primary task is to resolve and decide cases and
issues presented by litigants according to law. However, it
may apply equity where the court is unable to arrive at a
conclusion or judgment strictly on the basis of law due to a
gap, silence, obscurity or vagueness of the law that the
Court can still legitimately remedy, and the special
circumstances of the case.
REMEDIAL LAW
THE EXERCISE OF JUDICIAL FUNCTION
Section 2. The Court not a trier of facts. The Court is not a
trier of facts its role is to decide cases based on the
findings of fact before it. Where the Constitution, the law
or the Court itself, in the exercise of its discretion, decides
to receive evidence, the reception of evidence may be
delegated to a member of the Court, to either the Clerk of By his filing of the complaint or pe99on. By doing so, he
Court or one of the Division Clerks of Court, or to one of submits himself to the jurisdic9on of the court.
the appellate courts or its justices who shall submit to the REMEDIAL LAW
Court a report and recommendation on the basis of the JURISDICTION
evidence presented. Jurisdiction over the person of the defendant
REMEDIAL LAW Obtained either by a valid service of summons upon him or by his voluntary
THE EXERCISE OF JUDICIAL FUNCTION submission to the courts authority.
Section 3. Advisory opinions proscribed. The Court Jurisdiction over the person of the defendant is required only in an action in
cannot issue advisory opinions on the state and meaning personam; it is not a prerequisite in an action in rem and quasi in rem.
of laws, or take cognizance of moot and academic REMEDIAL LAW
questions, subject only to notable exceptions involving JURISDICTION
constitutional issues. Objections to jurisdiction over the subject matter
REMEDIAL LAW The court may on its own ini9a9ve object to when it appears from the pleadings or
THE EXERCISE OF JUDICIAL FUNCTION evidence on record that the court has no jurisdic9on over the subject maAer, the
Section 4. Cases when the Court may determine factual issues. The court shall dismiss the same (Sec. 1, Rule 9). The court may on its own ini9a9ve
Court shall respect factual findings of lower courts, unless any of the object to an erroneous jurisdic9on and may ex mero motu take cognizance of lack
following situations is present: of jurisdic9on at any point in the case and has a clearly recognized right to
(a) the conclusion is a finding grounded entirely on speculation, determine its own jurisdic9on.
surmise and conjecture; Jurisdic9on over the subject maAer may be raised at any stage of the proceedings,
(b) the inference made is manifestly mistaken; even for the first 9me on appeal.
(c) there is grave abuse of discretion; REMEDIAL LAW
(d) the judgment is based on a misapprehension of facts; JURISDICTION
(e) the findings of fact are conflicting; When is a litigant estopped by laches from assailing the
REMEDIAL LAW jurisdiction of a tribunal?
THE EXERCISE OF JUDICIAL FUNCTION Tijam v. Sibonghanoy, that a party may be barred by laches
(f) the collegial appellate courts went beyond the issues of the case, and their findings are from invoking lack of jurisdiction at a late hour for the
contrary to the admissions of both appellant and appellee; purpose of annulling everything done in the case with the
(g) the findings of fact of the collegial appellate courts are contrary to those of the trial active participation of said party invoking the plea.
court; REMEDIAL LAW
(h) said findings of fact are conclusions without citation specific evidence on which they The general rule should, however, be, as it has always been, that the issue of
are based; jurisdiction may be raised at any stage of the proceedings, even on appeal, and
(i) the facts set forth in the petition as well as in the petitioners main and reply briefs is not lost by waiver or by estoppel.
are not disputed by the respondents; Estoppel by laches, to bar a litigant from asserting the courts absence or lack of
(j) the findings of fact of the collegial appellate courts are premised on the supposed jurisdiction, only supervenes in exceptional cases similar to the factual milieu of
evidence, but are contradicted by the evidence on record; and Tijam v. Sibonghanoy. Indeed, the fact that a person attempts to invoke
(k) all other similar and exceptional cases warranting a review of the lower courts unauthorized jurisdiction of a court does not estop him from thereafter
findings of fact. challenging its jurisdiction over the subject matter, since such jurisdiction must
REMEDIAL LAW arise by law and not by mere consent of the parties. This is especially true where
JURISDICTION the person seeking to invoke unauthorized jurisdiction of the court does not
Jurisdiction over the parties thereby secure any advantage or the adverse party does not suffer any harm.
The legal power of the court to render a personal judgment against a Figueroa vs. People (2008)
party to an ac9on or proceeding REMEDIAL LAW
REMEDIAL LAW JURISDICTION
JURISDICTION Effect of estoppel on objections to jurisdiction
Jurisdiction over the issues The active participation of a party in a case is tantamount to
It is the power of the court to try and decide issues recognition of that courts jurisdiction and will bar a party from
1. raised in the pleadings of the par9es. impugning the courts jurisdiction. Jurisprudence however, did not
2. by the par9es agreement in pre-trial intend this statement to lay down the general rule (Lapanday
3. It may also be conferred by waiver or failure to object Agricultural & Development Corp. v. Estita, 449 SCRA 240; Mangaiag
to the presenta9on of evidence on a maAer not raised in the pleading v. Catubig-Pastoral, 474 SCRA 153).
REMEDIAL LAW REMEDIAL LAW
JURISDICTION JURISDICTION
Jurisdiction over the res or property in litigation The Sibonghanoy rule applies only to excep9onal circumstances. The
1. actual or construc9ve seizure general rule remains: a courts lack of jurisdic9on may be raised at
2. provision of law, e.g. land registra9on any stage of the proceedings even on appeal (Francel Realty Corp. v.
REMEDIAL LAW Sycip, 469 SCRA 424; Concepcion v. Regalado, GR 167988, Feb. 6,
JURISDICTION 2007).
How jurisdiction over the plaintiff is acquired REMEDIAL LAW
JURISDICTION JUDGMENT - Rule 34- 38
Jurisdiction over the issues APPEAL - Rules 40 - 43, 44-56
It is the power of the court to try and decide issues : PROVISIONAL REMEDIES - Rules 57-61
1. raised in the pleadings of the parties. EXTRA ORDINARY LEGAL REMEDIES - Rule 65
2. by the parties agreement in pre-trial EXECUTION AND SATISFACTION - Rule 39
3. It may also be conferred by waiver or failure to object REMEDIAL LAW
to the presentation of evidence on a matter not raised in the pleadings DISTINCTIONS
REMEDIAL LAW Ordinary civil action- is one by which one party sues another, based
HEIRARCHY OF COURTS on a cause of action, to enforce or protect a right, or to prevent or
REMEDIAL LAW redress a wrong, whereby the defendant has performed an act or
SOURCES OF OBLIGATIONS omitted to do an act in violation of the rights of the plaintiff.
CAUSE OF ACTION Special civil action actions which while governed by the rules for
A cause of action exists if the following elements are present: ordinary civil actions, are subject to special rules provided for
1. Right in favour of the plaintiff by whatever means and under what special civil actions
law it arises or is created; Criminal action- is one by which the State prosecutes a person for
2. An obligation on the part of the defendant to respect or not to an act or omission punishable by law
violate such right REMEDIAL LAW
3. An act or omission on the part of the defendant violative of the right REAL ACTION
of the plaintiff or constituting a breach of obligation of the defendant Real actions
to the plaintiff, for which the latter may maintain an action for damages These are actions affecting title to or possession of real property or
REMEDIAL LAW an interest therein.
WHERE OBLIGATIONS MAY ARISE The issues involved in real actions are title to, ownership, possession,
ARTICLE 1157, CIVIL CODE partition, foreclosure of mortgage or condemnation of real property.
1. Law Examples: Actions for unlawful detainer, forcible entry, accion
2. Contracts publiciana, accion reinvindicatoria, to quiet title or to remove a
3. Quasi-Contracts cloud on a title
4. Acts or Omissions punished by law; REMEDIAL LAW
5. Quasi-Delicts ARE ALL ACTIONS ON PROPERTY REAL?
REMEDIAL LAW Not every ac9on involving real property is a real ac9on
CAN MORAL WRONG GIVE RISE TO LIABILITY because the realty may only be incidental to the subject
Yes. Moral Wrongs may give rise to liability, based on Arts. maAer of the suit. Example is an ac9on for damages to real
19, 21, 26-28 of the Civil Code. property, while involving realty is a personal ac9on because
Art. 19. Every person must, in the exercise of his rights and although it involves real property, it does not involve any of
in the performance of his duties, act with justice, give the issues men9oned.
everyone his due, and observe honesty and good faith. REMEDIAL LAW
This provision of law sets standards which must be PERSONAL ACTIONS
observed in the exercise of ones rights as well as in the All other ac9ons which are not real ac9ons.
performance of its duties, to wit: to act with justice; give Ac9ons that are founded on privity of contract or the recovery of
everyone his due; and observe honesty and good faith personal property or damages.
REMEDIAL LAW REMEDIAL LAW
RULE WHY MAKE A DISTINCTION
In Globe Mackay Cable and Radio Corporation v. Court of VENUE.
Appeals,it was elucidated that while Article 19 lays down a REMEDIAL LAW
rule of conduct for the government of human relations and THE RULES OF COURT
for the maintenance of social order, it does not provide a Civil Procedure - Rules 1 - 56
remedy for its violation. Generally, an action for damages Provisional Remedies - Rules 57 - 61
under either Article 20 or Article 21 would be proper. Special Civil Actions - Rules 62 71
(Yunchengo vs. Manila Chronicle [2011]) Special Proceedings - Rules 72 109
REMEDIAL LAW Criminal Procedure - Rules 110 127
STAGES Evidence - Rules 128 - 133
INITIATE PRE-TRIAL TRIAL CIVIL PROCEDURE, RULES OF
JUDGMENT APPEAL EXECUTION AND COURT
SATIFACTION PRINCIPLES
REMEDIAL LAW JURISDICTION VS. EXERCISE OF JURISDICTION
DIVISION OF THE RULES ON CIVIL PROCEDURE JURISDICTION EXERCISE OF JURISDICTION
INITIATE - Rules 1- 17 Authority to decide a
PRE-TRIAL - Rule 18 - 29 case.
TRIAL - Rule 30 -33 Where there is
jurisdiction over the Special.
person and subject MTC, MCTC, MtTC - Exclusive Original,Delegated
matter, the decision of all SHARIA COURT - Special
other questions arising in COURT OF TAX APPEALS - Exclusive Original
the case is but an exercise SANDIGANBAYAN - Exclusive Original, Appellate
of jurisdiction CIAC - Special
PRINCIPLES PRINCIPLES
ERROR IN JURISDICTION VS. LACK OF JURISDICTION TOTALITY RULE
ERROR IN JURISDICTION LACK OF JURISDICTION All complaints, petitions, answers and other similar
OVER SUBJECT MATTER pleadings should specify the amount of damages being
Prodecural lapse. The prayed for not only in the body of the pleading but also in
proceedings are null and the prayer, and said damages shall be considered in the
void if and when error is assessment of the filing fees in any case. Any pleading that
shown to have caused fails to comply shall not be accepted nor admitted.
harm. Summons PRINCIPLE
e.g. Failure to give Notice TOTALITY RULE
REMEDY: APPEAL Where damages is the main cause of action, should the
REMEDY: CERTIORARI amount of moral damages prayed for in the complaint be
the sole basis for determining which court has jurisdiction
Proceedings are null and or should the total amount of all the damages claimed
void unconditionally. regardless of kind and nature, such as exemplary
e.g. Failure to give damages, nominal damages, and attorneys fees, etc., be
used?
RULES OF COURT PRINCIPLE
ACTIONS INCAPABLE OF PECUNIARY ESTIMATION TOTALITY RULE
ACTION FOR SPECIFIC PERFORMANCE The exclusion of the term damages of whatever kind in
ACTION FOR SUPPORT TO DETERMINE CIVIL STATUS determining the jurisdictional amount under Section 19 (8)
RIGHT TO SUPPORT and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No.
ANNULMENT OF DECISIONS OF LOWER COURTS 7691, applies to cases where the damages are merely
RESCISSION OR REFORMATION OF CONTRACTS incidental to or a consequence of the main cause of action.
INTERPRETATION OF CONTRACTS However, in cases where the claim for damages is the main
ACTION TO REDEEM LAND cause of action, or one of the causes of action, the amount
PRINCIPLES of such claim shall be considered in determining the
TOTALITY RULE jurisdiction of the court. (S.C. 09-94)
Where there are several claims or causes of action PRINCIPLE
between the same or different parties, embodied in the TOTALITY RULE APPLICATION
same complaint, the amount of the demand shall be the On April 5, 2004, respondent filed before the RTC of Baguio City a complaint for
totality of the claims in all the causes of action, irrespective damages against petitioners. In her complaint, docketed as Civil Case No. 5794-R,
of whether the causes of action arose out of the same or respondent alleged that while she was inside the Police Station of Natividad,
different transactions. Pangasinan, and in the presence of other persons and police officers, petitioner
All claims for damages shall be specifically alleged for the Irene Sante uttered words, which when translated in English are as follows, How
purpose of determining jurisdiction. many rounds of sex did you have last night with your boss, Bert? You fuckin bitch!
PRINCIPLES Bert refers to Albert Gacusan, respondents friend and one (1) of her hired personal
COURTS BASED ON JURISDICTION security guards detained at the said station and who is a suspect in the killing of
COURTS OF GENERAL JURISDICTION - Those competent petitioners close relative. Petitioners also allegedly went around Natividad,
to decide their own jurisdictions and to take cognizance of Pangasinan telling people that she is protecting and cuddling the suspects in the
all causes, civil and criminal of a particular nature. aforesaid killing. Thus, respondent prayed that petitioners be held liable to pay
COURTS OF SPECIAL JURISDICTION - Those incompetent moral damages in the amount of P300,000.00; P50,000.00 as exemplary
to decide their own jurisdiction and taking cognisance damages; P50,000.00 attorneys fees; P20,000.00 litigation expenses; and costs of
only of specific matters. suit. WHICH COURT HAS JURISDICTION?
COURTS OF ORIGINAL JURISDICTION - Those wherein a RULES OF COURT
cause arises, whereas courts of appellate jurisdiction are CIVIL ACTIONS IN GENERAL
those wherein it is reviewed. ORDINARY CIVIL ACTION SPECIAL PROCEEDING
RULES OF COURT To protect or enforce a right or prevent
SUMMARY OF COURT JURISDICTIONS or redress a wrong
SUPREME COURT - Exclusive Original, Appellate, Concurrent Involves the establishment of a right,
COURT OF APPEALS - Exclusive Original, Appellate,Concurrent status or a fact
REGIONAL TRIAL COURTS - Exclusive Original, Appellate, Concurrent, Involves 2 or more parties May involve one party
Governed by ordinary rules
supplemented by special rules Governed by special rules
Initiated by a pleading and parties
through an answer
Initiated by means of a petition and the
parties respond by means of an opposition
RULES OF COURT
SECTION 4. RULE 1: EXCLUSIONS AND APPLICATION IN A SUPPLETORY CHARACTER
It is true that Section 4 of the Rules of
that the rules can be applied in a suppletory
Suppletory is defined as supplying deficienci
means that the provisions in the Rules of
made to apply only where there is an insuf
the applicable rules. (GSIS vs. Villaviza [2010])
RULES OF COURT
SECTION 5. RULE 1
.. If an additional defendant is impleaded in a later
pleading, the action is commenced with regard to him on
the date of the filing of such later pleading, irrespective of
whether the motion for its admission, if necessary, is
denied by the court.
RULES OF COURT
CAUSE OF ACTION
THREE ESSENTIAL ELEMENTS OF A CAUSE OF ACTION
1. The legal right of the plaintiff;
2. The correlative obligation of the defendant;
3. The act or omission of the defendant in violation of the legal right.
ABSENT ANY OF THE ELEMENTS REMEDY:
MOTION TO DISMISS ON GROUND OF FAILURE TO STATE A
CAUSE OF ACTION.
RULES OF COURT
CAUSE OF ACTION
FAILURE TO STATE A
CAUSE OF ACTION
LACK OF CAUSE OF
ACTION
Insufficiency of the Pleading The evidence does not prove the cause
of action alleged in the pleading
Ground for Dismissal (R.
16, sec.1 [g]) Demurrer to Evidence
RULES OF COURT
TEST TO DETERMINE IF COMPLAINT STATES A CAUSE OF ACTION
In resolving whether the complaint states a cause of action
or not, only the facts alleged in the complaint are
considered. The test is whether the court can render a
valid judgment on the complaint based on the facts
alleged and the prayer asked for.Only ultimate facts, not
legal conclusions or evidentiary facts, are considered for
purposes of applying the test. (Macaslang vs. Zamora
[2011])
RULES OF COURT
SPLITTING A CAUSE OF ACTION
Splitting a single cause of action is the act of dividing a single or
indivisible cause of action into several parts or claims and instituting
two or more actions upon them. A single cause of action or entire claim
or demand cannot be split up or divided in order to be made the
subject of two or more different actions. Thus, Section 4, Rule 2 of the
Rules of Court expressly prohibits splitting of a single cause of action:
Section 4. Splitting a single cause of action; effect of. If two or more
suits are instituted on the basis of the same cause of action, the filing of
one or a judgment upon the merits in any one is available as a ground
for the dismissal of the others.
RULES OF COURT
CASES OF SPLITTING A SINGLE CAUSE OF ACTION
1. Recovery of Property and Damages
2. Recovery of ownership of and income from same land
3. Separate claims for instalments due and unpaid
4. Partition of Land and Improvements
5. Non-payment of debt secured by mortgage
RULES OF COURT
REMEDY IF THERE IS SPLITTING A CAUSE OF ACTION
MOTION TO DISMISS INVOKING LITIS PENDENTIA or RES
JUDICATA
RULE 16, section 1 (e.) (f.) in relation to Section 4, Rule 2
RULES F COURT
LIS PENDENTIA
Litis pendentia is a Latin term, which literally means a pending suit and is
variously referred to in some decisions as lis pendens and auter action
pendant.As a ground for the dismissal of a civil action, it refers to the
situation where two actions are pending between the same parties for the
same cause of action, so that one of them becomes unnecessary and
vexatious. It is based on the policy against multiplicity of suits.
To constitute litis pendentia, not only must the parties in the two actions
be the same; there must as well be substantial identity in the causes of
action and in the reliefs sought. Further, the identity should be such that
any judgment that may be rendered in one case, regardless of which party
is successful, would amount to res judicata in the other. (Dotmatrix vs.
Legaspi [2009])
RULES OF COURT
LIS PENDENTIA
The rule on litis pendentia does not require that the case
later in time should yield to the earlier case; what is
required merely is that there be another pending action,
not a prior pending action.Neither is it required that the
party be served with summons before lis pendens can
apply; it is the filing of the action, not the receipt of
summons, which determines priority in date.
RULES OF COURT
LIS PENDENTIA
In Pampanga Bus Company, Inc. v. Ocfemia, complaints for damages arising
from a collision of a cargo truck and a bus were separately filed by the owners of
the colliding vehicles. The complaint of the owners of the cargo truck prevailed
and the complaint of the owners of the bus had to yield, as the cargo truck
owners first filed their complaint. Notably, the first and prevailing case was far
advanced in development, with an answer with counterclaim and an answer to
the counterclaim having been already filed, thus fully joining the issues.
In Lamis Ents. v. Lagamon, the first case was a complaint for specific
performance of obligations under a Memorandum of Agreement, while the
second case was a complaint for sums of money arising from obligations under
a promissory note and a chattel mortgage, and damages. We dismissed the
second case because the claims for sums of money therein arose from the
Memorandum of Agreement sued upon in the first case.
RULES OF COURT
JOINDER OF CAUSES OF ACTION
It is well to remember that the joinder of causes of action
may involve the same parties or different parties. If the
joinder involves different parties, there must be a question
of fact or of law common to both parties joined, arising out
of the same transaction or series of transaction.
RULES OF COURT
JOINDER AND MISJOINDER OF CAUSES ACTION
If there are common questions of fact and law to both
parties, the joinder of causes of action should be liberally
construed, so as to effect in one action, a complete
determination of all matters involved in the subject matter.
RULES OF COURT
JOINDER OF CAUSES OF ACTION
A cause of action may be single although the plaintiff seeks a variety
of remedies. The mere fact that the plaintiff prays for multiple reliefs
does not indicate that he has stated more than one cause of action.
The prayer may be an aid in interpreting the petition and in
determining whether or not more than one cause of action is
pleaded. If the allegations of the complaint show one primary right
and one wrong, only one cause of action is alleged even though
other matters are incidentally involved, and although different acts,
methods, elements of injury, items of claims or theories of recovery
are set forth.Where two or more primary rights and wrongs appear,
there is a joinder of causes of action.
RULES OF COURT
JOINDER OF CAUSES OF ACTION
The joinder of separate causes of action, where allowable, is permissive and not
mandatory in the absence of a contrary statutory provision, even though the causes of
action arose from the same factual setting and might under applicable joinder rules be
joined. Modern statutes and rules governing joinders are intended to avoid a
multiplicity of suits and to promote the efficient administration of justice wherever this
may be done without prejudice to the rights of the litigants. To achieve these ends,
they are liberally construed.
While joinder of causes of action is largely left to the option of a party litigant, Section
5, Rule 2 of our present Rules allows causes of action to be joined in one complaint
conditioned upon the following requisites: (a) it will not violate the rules on
jurisdiction, venue and joinder of parties; and (b) the causes of action arise out of the
same contract, transaction or relation between the parties, or are for demands for
money or are of the same nature and character.
RULES OF COURT
HOW ?
Section 6, Rule 2 on misjoinder of causes of action
provides:
Sec. 6. Misjoinder of causes of action. - Misjoinder of
causes of action is not a ground for dismissal of an action.
A misjoined cause of action may, on motion of a party or
on the initiative of the court, be severed and proceeded
with separately.
RULES 3 16
INCLUDING MODES OF DISCOVERY
CIVIL PROCEDURE
RULES OF COURT
Constitutional Framework/General Principles
Rule 2 - Causes of Action
Rule 3 - Parties to Civil Action
Rule 4 - Venue
PROCEDURE IN THE RTC - RULES 6 - 39
RULES OF COURT
PARTIES TO THE CIVIL ACTION
REAL PARTY IN INTEREST
INDISPENSABLE PARTIES
NECESSARY PARTIES
CLASS SUIT
JOINDER AND MISJOINDER
SUBSTITUTION
PLAINTIFF DEFENDANT
RULES OF COURT
SECTION 1. RULE 3. PARTIES TO CIVIL ACTIONS
Parties may be either plaintiffs or defendants. The plaintiff in
an action is the party complaining, and a proper party plaintiff
is essential to confer jurisdiction on the court. In order to
maintain an action in a court of justice, the plaintiff must have
an actual legal existence, that is, he, she or it must be a person
in law and possessed of a legal entity as either a natural or an
artificial person, and no suit can be lawfully prosecuted save
in the name of such a person.
ONLY NATURAL OR JURIDICAL PERSONS AUTHORISED BY
LAW MAY BE PARTIES IN A CIVIL ACTION.
RULES OF COURT
PARTIES
The rule is no different as regards party defendants. It is incumbent
upon a plaintiff, when he institutes a judicial proceeding, to name the
proper party defendant to his cause of action. In a suit or proceeding
in personam of an adversary character, the court can acquire no
jurisdiction for the purpose of trial or judgment until a party defendant
who actually or legally exists and is legally capable of being sued, is
brought before it. It has even been held that the question of the legal
personality of a party defendant is a question of substance going to
the jurisdiction of the court and not one of procedure.
Please note Section 14. (Unknown Identity or Name of Defendant) and
Section 15. ( Entity without juridicial personality as defendant), Rule 3.
RULES OF COURT
REAL PARTY IN INTEREST
SECTION 2. Parties in interest. A real party in
interest is the party who stands to be benefited or
injured by the judgment in the suit, or the party
entitled to the avails of the suit. Unless otherwise
authorized by law or these Rules, every action must
be prosecuted or defended in the name of the real
party in interest. (2a)
RULES OF COURT
REAL PARTY IN INTEREST
The established rule is that a real party in interest is one who would be
benefited or injured by the judgment, or one entitled to the avails of
the suit. The word "interest", as contemplated by the Rules, means
material interest or an interest in issue and to be affected by the
judgment, as distinguished from mere interest in the question involved
or a mere incidental interest. Stated differently, the rule refers to a real
or present substantial interest as distinguished from a mere expectancy
or a future, contingent, subordinate, or consequential interest. As a
general rule, one who has no right or interest to protect cannot invoke
the jurisdiction of the court as party-plaintiff in an action.
Jose Max Ortiz vs. San Miguel Corp., G.R. Nos. 151983-84, July 31, 2008
RULES OF COURT
REQUIREMENTS
This provision has two requirements: 1) to institute an action,
the plaintiff must be the real party in interest; and 2) the
action must be prosecuted in the name of the real party in
interest.
Necessarily, the purposes of this provision are 1) to prevent
the prosecution of actions by persons without any right, title
or interest in the case; 2) to require that the actual party
entitled to legal relief be the one to prosecute the action; 3) to
avoid a multiplicity of suits; and 4) to discourage litigation and
keep it within certain bounds, pursuant to sound public policy.
RULES OF COURT
APPLICATION OF REAL PARTY IN INTEREST: LOCUS STANDI
The party-in-interest applies not only to the plaintiff but also to the
defendant. "Interest" within the meaning of the rules means material
interest, an interest in issue and to be affected by the decree as
distinguished from mere interest in the question involved, or a mere
incidental interest.
A real party in interest is one who has a legal right. Since a contract
may be violated only by the parties thereto as against each other, in
an action upon that contract, the real parties-in-interest, either as
plaintiff or as defendant, must be parties to the said contract. The
action must be brought by the person who, by substantive law,
possesses the right sought to be enforced.
RULES OF COURT
NON-TRADITIONAL COMPLAINANTS
Dennis A. B. Funa vs. Reynaldo A. Villar, G.R. No. 192791,
April 24, 2012
The Court laid out the bare minimum norm before the socalled "non-traditional suitors" may be
extended standing
to sue, thusly:
RULES OF COURT
GUIDELINES ON NON-TRADITIONAL PARTIES TO HAVE LOCUS STANDI
1) For taxpayers, there must be a claim of illegal disbursement
of public funds or that the tax measure is unconstitutional;
2) For voters, there must be a showing of obvious interest in
the validity of the election law in question;
3) For concerned citizens, there must be a showing that the
issues raised are of transcendental importance which must be
settled early; and
4) For legislators, there must be a claim that the official action
complained of infringes their prerogatives as legislators.
RULES OF COURT
EFFECT IF PARTY IS NOT A REAL PARTY IN INTEREST
Any decision rendered against a person who is not a real
party in interest in the case cannot be executed. Hence, a
complaint filed against such a person should be dismissed
for failure to state a cause of action.
Alfredo N. Aguila vs. Court of Appeals, G.R. No. 127347,
November 25, 1999
RULES OF COURT
LEGAL STANDING
Manuel N. Mamba, et al. vs. Edgar R. Lara, et al., G.R. No. 165109,
December 14, 2009
[L]egal standing in suits is governed by the "real parties-in-interest"
rule under Section 2, Rule 3 of the Rules of Court. This states that
"every action must be prosecuted or defended in the name of the
real party-in-interest." And "real party-in-interest" is one who
stands to be benefited or injured by the judgment in the suit or the
party entitled to the avails of the suit. In other words, the plaintiff's
standing is based on his own right to the relief sought.
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STANDARD ON INTEREST
Lawyers against Monopoly and Poverty vs. Secretary of Budget
and Management, et al., G.R. No. 164987, April 24, 2012
In the determination of the degree of interest essential to give
the requisite standing to attack the constitutionality of a statute,
the general rule is that not only persons individually affected,
but also taxpayers have sufficient interest in preventing the
illegal expenditures of moneys raised by taxation and may
therefore question the constitutionality of statutes requiring
expenditure of public moneys.
RULES OF COURT
REPRESENTATIVE PARTIES
SECTION 3. Representatives as parties. Where the action is
allowed to be prosecuted or defended by a representative or
someone acting in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be deemed to be the
real party in interest. A representative may be a trustee of an
express trust, a guardian, an executor or administrator, or a party
authorized by law or these Rules. An agent acting in his own name
and for the benefit of an undisclosed principal may sue or be sued
without joining the principal except when the contract involves
things belonging to the principal. (3a)
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LEGAL STANDING OF HEIRS TO BRING SUIT
Even if administration proceedings have already been commenced, the
heirs may still bring the suit if an administrator has not yet been
appointed. This is the proper modality despite the total lack of
advertence to the heirs in the rules on party representation, namely
Section 3, Rule 3 and Section 2, Rule 87 of the Rules of Court. In fact, in
the case of Gochan vs. Young, this Court recognized the legal standing of
the heirs to represent the rights and properties of the decedent under
administration pending the appointment of an administrator.
Teodora A. Rioferio vs. Court of Appeals, G.R. No. 129008, January 13,
2004
RULES OF COURT
LEGAL STANDING
Section 4. Spouses as Parties - Jointly, except as provided
by law.
Section 5. Minor or Incompetent Persons - with the
assistance of his father, mother, guardian, or if he has
none, a guardian ad litem.
RULES OF COURT
JOINDER OF PARTIES -PERMISSIVE OR COMPULSORY
SECTION 6. Permissive joinder of parties. All persons in whom or against whom
any right to relief in respect to or arising out of the same transaction or series of
transactions is alleged to exist, whether jointly, severally, or in the alternative, may,
except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants
in one complaint, where any question of law or fact common to all such plaintiffs or to
all such defendants may arise in the action; but the court may make such orders as
may be just to prevent any plaintiff or defendant from being embarrassed or put to
expense in connection with any proceedings in which he may have no interest. (6)
SECTION 7. Compulsory joinder of indispensable parties. Parties in interest
without whom no final determination can be had of an action shall be joined either as
plaintiffs or defendants. (7)
RULES OF COURT
INDISPENSABLE PARTIES
 Rule 3, Section 7 of the Rules of Court, defines indispensable
parties as parties-in-interest without whom there can be no final
determination of an action. As such, they must be joined either
as plaintiffs or as defendants. The general rule with reference to
the making of parties in a civil action requires, of course, the
joinder of all necessary parties where possible, and the joinder
of all indispensable parties under any and all conditions, their
presence being a sine qua non for the exercise of judicial power.
Victoria Regner vs. Cynthia R. Logarta, et al., G.R. No. 168747,
October 19, 2007
RULES OF COURT
WHO IS AN INDISPENSABLE PARTY?
An indispensable party has been defined as one: [who]
must have a direct interest in the litigation; and if this
interest is such that it cannot be separated from that of the
parties to the suit, if the court cannot render justice
between the parties in his absence, if the decree will have
an injurious effect upon his interest, or if the final
determination of the controversy in his absence will be
inconsistent with equity and good conscience.
RULES OF COURT
TWO TEST TO DETERMINE INDISPENSABLE PARTY
There are two essential tests of an indispensable party: (1)
can relief be afforded the plaintiff without the presence of
the other party? and (2) can the case be decided on its
merits without prejudicing the rights of the other party?
There is, however, no fixed formula for determining who is
an indispensable party; this can only be determined in the
context and by the facts of the particular suit or litigation.
Speed Distributing Corp. vs. Court of Appeals, G.R. No. 149351, March 17,
2004
RULES OF COURT
EFFECT OF ABSENCE OF AN INDISPENSABLE PARTY
It is clear that the presence of indispensable parties is
necessary to vest the court with jurisdiction, which is "the
authority to hear and determine a cause, the right to act in a
case." The absence of indispensable parties renders all
subsequent actuations of the court null and void, because of
that court's want of authority to act, not only as to the absent
parties but even as to those present.
Rebecca T. Cabutihan vs. Landcenter Construction & Development Corp., G.R.
No. 146594, June 10, 2002
RULES OF COURT
NECESSARY PARTY AND EFFECT OF NON-JOINDER
SECTION 8. Necessary party. A necessary party is one who is not indispensable but who
ought to be joined as a party if complete relief is to be accorded as to those already parties,
or for a complete determination or settlement of the claim subject of the action. (8a)
SECTION 9. Non-joinder of necessary parties to be pleaded. Whenever in any pleading in
which a claim is asserted a necessary party is not joined, the pleader shall set forth his name,
if known, and shall state why he is omitted. Should the court find the reason for the omission
unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his
person may be obtained.
The failure to comply with the order for his inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from proceeding in the
action, and the judgment rendered therein shall be without prejudice to the rights of such
necessary party. (8a, 9a)
RULES OF COURT
EFFECT OF NON-JOINDER OF INDISPENSABLE PARTY
The rule is settled that the non-joinder of indispensable parties is not a
ground for the dismissal of an action. The remedy is to implead the nonparty claimed to be
indispensable. Parties may be added by order of the
court on motion of the party or on its own initiative at any stage of the
action and/or at such times as are just. If petitioner refuses to implead an
indispensable party despite the order of the court, the latter may dismiss
the complaint/petition for the plaintiff's/petitioner's failure to comply
therewith.
Rene B. Pascual vs. Jaime M. Robles, G.R. No. 182645, December 15,
2010 in relation to Section 11, Rule 3, Rules of Court
RULES OF COURT
UNWILLING CO-PLANTIFF AND MISJOINDER/NON-JOINDER
SECTION 10. Unwilling co-plaintiff. If the consent of any party who
should be joined as plaintiff can not be obtained, he may be made a
defendant and the reason therefor shall be stated in the complaint. (10)
SECTION 11. Misjoinder and non-joinder of parties. Neither
misjoinder nor non-joinder of parties is ground for dismissal of an action.
Parties may be dropped or added by order of the court on motion of any
party or on its own initiative at any stage of the action and on such terms
as are just. Any claim against a misjoined party may be severed and
proceeded with separately. (11a)
RULES OF COURT
EFFECT OF MISJOINDER OR NON-JOINDER
Under Rule 3, Section 11 of the Rules of Court, neither misjoinder nor nonjoinder of parties is
a ground for the dismissal of an action, thus:
The proper remedy is to implead the indispensable party at any stage of the
action. The court, either motu proprio or upon the motion of a party, may
order the inclusion of the indispensable party or give the plaintiff an
opportunity to amend his complaint in order to include indispensable
parties. If the plaintiff ordered to include the indispensable party refuses to
comply with the order of the court, the complaint may be dismissed upon
motion of the defendant or upon the court's own motion. Only upon
unjustified failure or refusal to obey the order to include or to amend is the
action dismissed.
RULES OF COURT
CLASS SUIT
SECTION 12. Class suit. When the subject matter of the
controversy is one of common or general interest to many persons so
numerous that it is impracticable to join all as parties, a number of
them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue
or defend for the benefit of all. Any party in interest shall have the right
to intervene to protect his individual interest. (12a)
RULES OF COURT
ESSENTIAL ELEMENTS
In order that a class suit may prosper, Section 12, Rule 3 of the Rules of
Court requires the concurrence of three (3) essential elements, namely:
(1) that the subject matter of the controversy is one of common or
general interest to many persons; (2) that the parties are so numerous
that it is impracticable to bring them all before the court; and (3) that
the action be maintained by parties who will fairly and adequately
represent the class.
MVRS Publications vs. Islamic Da'wah Council, G.R. No. 135306,
January 28, 2003
RULES OF COURT
CLASS SUIT
X Homeowners Association, Inc. , together with individual
residents of X Complex I and other neighboring
subdivisions, instituted a complaint for damages, in its own
behalf and as a class suit representing the regular
commuters and motorists of X and neighboring
subdivisions who were deprived of the use of the public
road known as Rizal Road, against ABC Real Estate
Corporation, FG Security Agency and their respective
officers, who allegedly destroyed and deprived commuters
of the use of the public road. Is this a valid class suit?
RULES OF COURT
RULE ON SUBSTITUTION
Rule 3, Section 16 and 17 are the rules on substitution in the
Rules of Court. This rule allows substitution by a legal
representative.
Section 16 - Duty of Counsel upon death of a party. Period is 30
days after death. Heirs may be substituted without need of an
executor. If heirs are minors, court will appoint a guardian ad
litem.
Section 17. Death or Separation of a party who is a public officer.
RULES OF COURT
SUBSTITUTION IN ELECTION CASES
In Vda. de De Mesa v. Mencias, we recognized substitution upon the
death of the protestee but denied substitution by the widow or heirs
since they are not the real parties in interest. Similarly, in the later case
of De la Victoria v. Commission on Elections, we struck down the claim
of the surviving spouse and children of the protestee to the contested
office for the same reason. Even in analogous cases before other
electoral tribunals, involving substitution by the widow of a deceased
protestant, in cases where the widow is not a real party in interest, we
denied substitution by the wife or heirs.
Ronald Allan Poe vs. Gloria Macapagal-Arroyo, P.E.T. Case No. 002,
March 29, 2005
RULES OF COURT
EFFECT OF DEATH OF CLIENT ON COUNSEL
The death of a client immediately divests the counsel of
authority. Thus, in filing a Notice of Appeal, petitioner's
counsel of record had no personality to act on behalf of
the already deceased client who, it bears reiteration, had
not been substituted as a party after his death. The trial
court's decision had thereby become final and executory,
no appeal having been perfected.
Domingo Carabeo vs. Sps. Norberto and Susan Dingco,
G.R. No. 190823, April 4, 2011
RULES OF COURT
CASE SCENARIO ON REAL PARTY IN INTEREST
X is the owner of a cockpit in San Juan. Due to its poor
condition, he demolished the same and transferred to San
Antonio. He applied for a permit with the local
government of San Juan to operate a new cockpit arena.
This was denied by the Mayor of San Juan, who then
ordered that a public bidding for the operation of a new
arena be done. Four bidders participated, but not X. The
operation of the arena was then awarded to Y after the
bidding. X filed a complaint to stop the award of the
contract to Y. Is X a real party in interest?
RULES OF COURT
CASE SCENARIO ON NECESSARY OR INDISPENSABLE PARTY
X, as franchisee holder of Pizza Hut files suit against ABC
Company, Inc., the local franchisee for breach of the
franchise agreement, and failed to include Pizza Hut as
franchisee restaurant. Is Pizza Hut a necessary or
indispensable party?
RULES OF COURT
CASE SCENARIO ON NECESSARY OR INDISPENSABLE PARTY
A complaint was filed by a member of a group of
individuals without impleading the rest of the group
before the RTC of Manila for her share of the
compensation for services rendered for the defendant
corporation. Are the other members of the group,
necessary or indispensable parties?
RULES OF COURT
RULE 4: VENUE
Sections 1 and 2, Rule 4 of the 1997 Rules of Civil
Procedure provide an answer to the issue of venue. Actions
affecting title to or possession of real property or an
interest therein (real actions) shall be commenced and
tried in the proper court that has territorial jurisdiction over
the area where the real property is situated. On the other
hand, all other actions (personal actions) shall be
commenced and tried in the proper courts where the
plaintiff or any of the principal plaintiffs resides or where
the defendant or any of the principal defendants resides.
RULES OF COURT
VENUE OF REAL ACTIONS AND PERSONAL ACTIONS
A real action, under Sec. 1, Rule 4 of the Rules of Court, is one that affects title
to or possession of real property, or an interest therein. Such actions should
be commenced and tried in the proper court which has jurisdiction over the
area wherein the real property involved, or a portion thereof, is situated.
All other actions are personal and may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a non-resident
defendant where he may be found, at the election of the plaintiff.
Yahya M. Tomawis vs. Rasad G. Balindong, et al. G.R. No. 182434, March 5, 2010
citing Orbeta v. Orbeta, G.R. No. 166837, November 27, 2006
RULES OF COURT
CONSTRUCTION OF VENUE STIPULATIONS
Restrictive stipulations are in derogation of the general policy of making it
more convenient for the parties to institute actions arising from or in relation
to their agreements. Thus, the restriction should be strictly construed as
relating solely to the agreement for which the exclusive venue stipulation is
embodied. Expanding the scope of such limitation on a contracting party will
create unwarranted restrictions which the parties might find unintended or
worse, arbitrary and oppressive.
Moreover, since convenience is the raison d'etre of the rules on venue, venue
stipulation should be deemed merely permissive, and that interpretation
should be adopted which most serves the parties' convenience. Contrawise,
the rules mandated by the Rules of Court should govern. (
SMC vs. Monasterio, G.R. No. 151037, June 30, 2005
RULES OF COURT
OUTLINE. RULES 6 - 15
Define Pleadings
Kinds of Pleadings
Parts of Pleadings
Period to File Pleadings
Amended and Supplemental Pleadings
Summons
 Motions COUNTERCLAIM/
RULES OF COURT CROSSCLAIM
PLEADINGS PLAINTIFF FILES REPLY
R. 6 Section 1. Pleadings defined. THIRD PARTY
PLEADINGS the written allegations of the parties of their COMPLAINT/FOURTH
respective claims and defenses submitted to the court for PARTY COMPLAINT
appropriate judgment. ANSWER TO 3RD PARTY/4TH
RULES OF COURT PARTY COMPLAINT
QUESTION: RULES OF COURT
Is a pleading same as a Motion ? DEFINITION OF COMPLAINT
RULES OF COURT COMPLAINT is a concise statement of the ultimate facts
A motion to dismiss is NOT a pleading. constituting the plaintiffs cause or causes of action, with a
It is the allegations or averments in the pleading that specification of the relief sought, but it may add a general prayer
determines the jurisdiction of the court and the nature of for such further relief as may be deemed just or equitable.
the action. ULTIMATE FACTS
RULES OF COURT RELIEF SOUGHT AND PRAYER
DIFFERENCE BETWEEN PLEADING AND A MOTION RULES OF COURT
PLEADING MOTION WHAT ARE ULTIMATE FACTS
Pleadings are the allegations ULTIMATE FACTS - essential facts constituting the plaintiffs
Motions are applications to cause of action.
made by parties to a case for
the court for interlocutory NOTE definition of Cause of Action.
the purpose of presenting the
orders or interim orders, 1. The legal right of the plaintiff;
issue to be tried. Pleadings
while pleadings seek final relief 2. The correlative obligation of the defendant;
should relate only to the cause
of the parties. 3. The act or omission of the defendant in violation of the legal right.
of action, either to support or
Examples RULES OF COURT
defeat it, hence they are
Motion for postponement WHAT ARE NOT ULTIMATE FACTS
limited to the complaint,
Motion to Dismiss What are NOT ultimate facts:
cross-claim, complaint and
Motion for Issuance Subpoena 1. Evidentiary or immaterial facts.
answer in intervention.
2. Legal conclusions, conclusions or inferences of facts
from facts not stated, or incorrect inferences or
conclusions from facts stated.
3. The details of probative matter or particulars of
RULES OF COURT
evidence, statements of law, inferences and arguments.
PLEADINGS MOTIONS 4. An allegation that a contract is valid or void is a
It relates to the cause of action; interested in An application for an order not included in mere conclusion of law.
the matters to be included in the judgment. the judgment RULES OF COURT
Cannot be initiatory as they are always made HOW DO YOU TEST SUFFICIENCY
May be initiatory
in a case already filed in court If upon admission or proof of the facts being alleged, a
Always filed before judgment May be filed even after judgment judgment may be properly given. A fact is essential if it
cannot be stricken out without leaving the statement of
the cause of action insufficient.
RULES OF COURT RULES OF COURT
KINDS OF PLEADINGS WHAT IS AN ANSWER
1. Complaint Section 4. Answer
2. Answer ANSWER the pleading where the defendant sets forth his
3. Counter Claim affirmative or negative defenses.
4. Compulsory Counter Claim RULES OF COURT
5. Cross Claim KINDS OF DEFENSE
6. Counter Counter Claim and Counter Cross Claim a. AFFIRMATIVE DEFENSES allegation of a
7. Reply new matter which while hypothetically admitting the
8. Third Party (Fourth, etc.) Complaint material allegations in the pleading, would
9. Answer to Third (Fourth, etc.) Complaint nevertheless prevent or bar recovery by him. It is in
RULES OF COURT the nature of Confession and Avoidance
WHO FILES WHAT b. NEGATIVE DEFENSES specific denial of
` the material facts or facts alleged in the pleading
COMPLAINT PLAINTIFF RULES OF COURT
DEFENDANT/S IF THE DENIAL IS NOT SUFFICIENT
FILES ANSWER/ Insufficient denial or denial amounting to admissions:
1. General denial
2. Denial in the form of a negative pregnant
RULES OF COURT
NEGATIVE PREGNANT
Negative pregnant is a denial pregnant with the admission of the
substantial facts in the pleading responded to which are not squarely
denied. It was in effect an admission of the averments it was directed at.
Stated otherwise, a negative pregnant is a form of negative expression
which carries with it an affirmation or at least an implication of some
kind favorable to the adverse party. It is a denial pregnant with an
admission of the substantial facts alleged in the pleading. Where a fact
is alleged with qualifying or modifying language and the words of the
allegation as so qualified or modified are literally denied, it has been
held that the qualifying circumstances alone are denied while the fact
itself is admitted.
(Republic vs. Sandiganbayan, et. al., G.R. No. 152154, July 15,
2003; Marcos Jr., vs. Republic of the Philippines, April 25, 2012)
RULES OF COURT
NEGATIVE PREGNANT
Noli Eala disbarment case = Adulterous relationship but
denies flaunting it.
Where a fact is alleged with qualifying or modifying
language and the words of the allegation as so qualified
or modified are literally denied, the qualifying
circumstance alone are denied while the fact itself is
admitted.
RULES OF COURT
COUNTER CLAIM
Section 6. Counterclaim
COUNTERCLAIM any claim which a defending party may
have against an opposing party.
RULES OF COURT
NATURE OF COUNTER CLAIM
A counterclaim is in the nature of a cross-complaint.
Although it may be alleged in the answer, it is not part of
the answer. Upon its filing, the same proceedings are had
as in the original complaint. For this reason, it must be
answered within ten (10) days from service.
RULES OF COURT
NATURE OF COUNTERCLAIM
It partakes of the nature of a complaint or cause of action
against the plaintiff. It is an independent action, separate
and distinct from the original complaint.
Johnny K. Lima, et al. vs. Transway Sales Corp., et al, G.R. No. 106770,
October 22, 1999
RULES OF COURT
COMPULSORY COUNTER CLAIM
Section 7. Compulsory Counterclaim
A counterclaim is compulsory when its object "arises out of
or is necessarily connected with the transaction or occurrence
constituting the subject matter of the opposing party's claim
and does not require for its adjudication the presence of
third parties of whom the court cannot acquire jurisdiction".
Premiere Development Bank vs. Alfredo C. Flores, et al., G.R. No. 175339,
December 16, 2008
RULES OF COURT
TEST TO DETERMINE COMPULSORY
A compulsory counterclaim cannot be the subject of a separate action but it should
instead be asserted in the same suit involving the same transaction or occurrence,
which gave rise to it. To determine whether a counterclaim is compulsory or not, we
have devised the following tests:
(1) Are the issues of fact or law raised by the claim and the counterclaim largely the
same?
(2) Would res judicata bar a subsequent suit on defendant's claim absent the compulsory
counterclaim rule?
(3) Will substantially the same evidence support or refute plaintiffs claim as well as the
defendant's counterclaim? and
(4) Is there any logical relation between the claim and the counterclaim? Affirmative
answers to the above queries indicate the existence of a compulsory counterclaim.
Financial Building Corp. vs. Forbes Park Association, G.R. No. 133119, August 17, 2000
RULES OF COURT
PRINCIPLES
A compulsory counterclaim is auxiliary to the proceeding in the
original suit and derives its jurisdictional support therefrom.
A counterclaim presupposes the existence of a claim against the party
filing the counterclaim. Hence, where there is no claim against the
counterclaimant, the counterclaim is improper and it must dismissed,
more so where the complaint is dismissed at the instance of the
counterclaimant.
In other words, if the dismissal of the main action results in the
dismissal of the counterclaim already filed, it stands to reason that the
filing of a motion to dismiss the complaint is an implied waiver of the
compulsory counterclaim because the grant of the motion ultimately
results in the dismissal of the counterclaim.
RULES OF COURT
RULES
GENERAL RULE: A compulsory counterclaim not set up in the
answer is deemed barred.
EXCEPTION: If it is an after-acquired counterclaim, that is, such
claim matured after filing of the answer. In this case, it may be
pleaded by filing an amended answer or a supplemental answer or
pleading.
RULES OF COURT
CROSS CLAIM
CROSS-CLAIM any claim by one party against a co-party
arising out of the transaction or occurrence that is the subject
matter either of the original action or counterclaim.
Section 8. Cross-claim
RULES OF COURT
CROSS CLAIM
The Rules of Court defines a cross-claim as any claim by one party against a coparty arising
out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim. It may include a claim that the
party against whom it is asserted is or may be liable to the cross-claimant for all
or part of a claim asserted in the action against the cross-claimant. The answer
then to the cross-claim is meant to join the subsidiary issues between the coparties in relation to
the opposing party's claim against the cross-claimant.
Needless to state, until the principal issue between the plaintiff and the
defendant cross-claimant shall have been heard and determined, it would be
premature to decide the cross-claim .
Leticia P. Ligon vs. Court of Appeals, G.R. No. 127683, August 7, 1998; China Airlines vs. Daniel
Chiok, G.R. No. 152122, July 30, 2003
RULES OF COURT
RULES
If it is not set up in the action, it is barred,
except: A third-party complaint is actually a complaint independent of, and
when it is outside the jurisdiction of the court or; separate and distinct from the plaintiff's complaint. Were it not for
if the court cannot acquire jurisdiction over third parties whose presence is Rule 6, Section 11 of the Rules of Court, such third-party complaint
necessary for the adjudication of said cross-claim would have to be filed independently and separately from the original
In which case, the cross-claim is considered permissive. complaint by the defendant against the third-party defendant. The
The dismissal of the complaint carries with it the dismissal of a cross-claim purpose is to avoid circuitry of action and unnecessary proliferation of law suits
which is purely defensive, but not a cross-claim seeking affirmative relief and of disposing expeditiously in one litigation all the matters arising from one
RULES OF COURT particular set of facts. The trial court is vested with discretion whether or not
DISTINCTIONS to allow the defendant to file a third-party complaint. As such, the defendant has
CROSS CLAIM COUNTER CLAIM THIRD PARTY, etc. no vested right to file a third-party complaint.
Against a person not a Erasmo Tayao vs. Rosa D. Mendoza, et al., G.R. No. 162733, April 12, 2005
Against a co-party Against an opposing party RULES OF COURT
party to the action
May arise out of or be TESTS TO DETERMINE WHETHER THE THIRD-PARTY COMPLAINT
necessarily connected with 1. Where it arises out of the same transaction on which the
the transaction or that is plaintiffs claim is based, or, although arising out of another or
Must arise out of the different transaction, is connected with the plaintiffs claim;
the subject matter of the
transaction that is the 2. Whether the third-party defendant would be liable to the plaintiff
opposing partys claim, in Must be in respect of the
subject matter of the orig. or to the defendant for all or part of the plaintiffs claim against
which case, it is called a opponents claim (Plaintiff)
action or of a counterclaim the original defendant; and
compulsory counterclaim,
therein 3. Whether the third-party defendant may assert any defenses
or it may not, in which case
it is called a permissive which the third-party plaintiff has or may have to the plaintiffs
counterclaim. claim.
RULES OF COURT
HOW DO YOU FILE?
RULES OF COURT File Motion for Leave of Court
REPLY under Rule 15.
REPLY - the response of the plaintiff to the defendants answer. RULES OF COURT
RULES OF COURT NEED FOR SUMMONS
FAILURE TO FILE REPLY Summons to new party (third, fourth, etc.) is needed for
EFFECT OF FAILURE TO REPLY: new facts that were alleged the court to obtain jurisdiction over his person, since he is
in the answer are deemed controverted. Hence, the filing of the not an original party.
reply is optional except for the denial of the genuineness and due RULES OF COURT
execution of an actionable document used as defense in the WHO HAS JURISDICTION
answer. Where the trial court has jurisdiction over the main case, it
RULES OF COURT also has jurisdiction over the third party complaint,
REPLY regardless of the amount involved as a third party
Under Section 10, Rule 6 of the 1997 Rules of Civil Procedure, any new complaint is merely auxiliary to and is a continuation of the
matter alleged by way of defense in the answer (or comment as in this main action.
case) is deemed controverted should a party fail to file a reply thereto. RULES OF COURT
Except in cases where the answer alleges the defense of usury in NEW PARTIES
which case a reply under oath is required otherwise the allegation of Section 12. Bringing new parties.
usury is deemed admitted, or is based on an actionable document in Distinguished from 3rd-party complaint: A 3rdparty complaint is proper when not one of the
which case a verified reply is necessary otherwise the genuineness and thirdparty defendants therein is a party to the main
due execution of said actionable document is generally deemed action. But if one or more of the defendants in a
admitted, the filing of a reply is merely optional as the new matters counterclaim or cross-claim is already a party to the
raised in the answer are deemed controverted even without a reply. action, then the other necessary parties may be
Ramon M. Veluz vs. Court of Appeals, G.R. No. 139951, November 23, brought in under this section.
2000 RULES OF COURT
RULES OF COURT WHAT HAS BEEN SO COVERED SO FAR
THIRD PARTY (FOURTH, ETC.COMPLAINT) GENERAL PRINCIPLES
Section 11. Third (fourth, etc.) party complaint. OUTLINE OF THE RULES AND STAGES
THIRD (FOURTH,ETC.) PARTY COMPLAINT WHEN DO YOU FILE ? = CAUSE OF ACTION (R.2)
a claim that a defending party may, with leave of court, file WHO SHOULD FILE ? = PARTIES (R.3)
against a person not a party to the action for contribution, WHERE DO YOU FILE ? = VENUE (R.4)
indemnity, subrogation or any other relief, in respect of his WHAT YOU SHOULD FILE ? = KINDS OF PLEADING (R.6)
opponents claim. WHAT SHOULD BE THE CONTENT ? = (R.7-9); PARTS OF THE PLEADING;
RULES OF COURT MANNER OF MAKING ALLEGATIONS; EFFECT OF FAILURE TO PLEAD.
THIRD PARTY COMPLAINT RULES OF COURT
PARTS OF A PLEADING (R.7) representing him.
The Caption GENERAL RULE: An unsigned pleading produces no legal effect.
The Body EXCEPTION: However, the court may, in its discretion, allow such
Signature and Address deficiency to be remedied if it shall appear that the same was
Verification due to mere inadvertence and not intended for delay. Counsel
Certification against Non-Forum Shopping who deliberately files an unsigned pleading, or signs a pleading
RULES OF COURT in violation of this Rule, or alleges scandalous or indecent matter
FORMAL REQUIREMENTS ON PLEADINGS therein, or fails to promptly report to the court a change of his
Rule 7, Section 1 of the Rules of Court states that the address, shall be subject to appropriate disciplinary action.
names of the parties shall be indicated in the title of the RULES OF COURT
original complaint or petition. VERIFICATION
Must be read consistent with Rule 3 on Parties Sec. 4. Verification.
Linton Commercial Co., Inc., et al. vs. Alex A. Hellera, et al., Except when otherwise specifically required by law or rule, pleadings
G.R. No. 163147, October 10, 2007 need not be under oath, verified or accompanied by affidavit.
RULES OF COURT A pleading is verified by an affidavit that the affiant has read the
CAPTIONS AND TITLES pleading and that the allegations therein are true and correct of his
Each pleading shall contain a caption setting forth the knowledge and belief.
name of the court, the title of the action, and the docket A pleading required to be verified which contains a verification based
number if assigned. on "information and belief," or upon "knowledge, information and
The title of the action indicates the names of the parties. belief," or lacks a proper verification, shall be treated as an unsigned
RULES OF COURT pleading.
EXAMPLE OF CAPTION RULES OF COURT
Republic of the Philippines VERIFICATION
Regional Trial Court Loreta Torres vs. Specialized Packaging Dev't. Corp.,
City of Manila G.R. No. 149634, July 6, 2004
Branch _____ A pleading is verified by an affidavit that an affiant has
Mr. Jose Pedro Salazar read the pleading and that the allegations therein are
-Plaintiff- true and correct as to his personal knowledge or
-versus- Civil Case No.:______ based on authentic records. The party does not need
For: Collection of Sum of Money to sign the verification. A party's representative, lawyer,
Mr. Ramon Bartolome or any person who personally knows the truth of the
-Defendant- facts alleged in the pleading may sign the verification.
RULES OF COURT RULES OF COURT
LEGAL VALUE OF THE CAPTION IN PLEADING VERIFICATION AND CERTIFICATION ARE DIFFERENT
It is not the caption of the pleading but the allegations Hutama-RSEA/Supermax Phils., J.V. vs. KCD Builders Corp., G.R. No. 173181, March 3, 2010
therein that are controlling. The inclusion of the names of A party's failure to sign the certification against forum shopping is different
all the parties in the title of a complaint is a formal requirement from the party's failure to sign personally the verification. The certificate of
under Section 1, Rule 7 of the Rules of Court. However, the non-forum shopping must be signed by the party, and not by counsel. The
rules of pleadings require courts to pierce the form and certification of counsel renders the petition defective.
go into the substance. The non-inclusion of one or some of On the other hand, the requirement on verification of a pleading is a formal
the names of all the complainants in the title of a complaint, is and not a jurisdictional requisite. It is intended simply to secure an
not fatal to the case, provided there is a statement in the body assurance that what are alleged in the pleading are true and correct and
of the complaint indicating that such complainant/s was/were not the product of the imagination or a matter of speculation, and that the
made party to such action. pleading is filed in good faith. The party need not sign the verification. A
Sps. William and Rebecca Genato vs. Rita Viola, G.R. No. 169706, party's representative, lawyer or any person who personally knows the truth
February 5, 2010 of the facts alleged in the pleading may sign the verification.
RULES OF COURT RULES OF COURT
THE BODY VALLACAR TRANSIT, INC. VS. JOCELYN CATUBIG, G.R. NO. 175512, MAY 30,2014
The allegations of the parties respective claims (cause of action) or defenses. As a general rule, a pleading need not be
Every pleading should be divided into paragraphs so numbered as to be verified, unless there is a law or rule
readily identified, each of which shall contain a statement of a single set of specifically requiring the same.
circumstances so far as that could be done with convenience. 18 recognized exceptions
Should contain a caption stating the causes of action RULES OF COURT
Should state the relief sought EXCEPTIONS TO THE RULE ON VERIFICATION; REQUIRED
Every pleading should be dated. (1) all pleadings filed in civil cases under the 1991 Revised Rules on
RULES OF COURT Summary Procedure;
SIGNATURE AND ADDRESS (SECTION 3) (2) petition for review from the Regional Trial Court to the Supreme
Every pleading should be signed by the party or his counsel Court raising only questions of law under Rule 41, Section 2;
(3) petition for review of the decision of the Regional Trial Court to
the Court of Appeals under Rule 42, Section 1;
(4) petition for review from quasi-judicial bodies to the Court of
Appeals under Rule 43, Section 5;
(5) petition for review before the Supreme Court under Rule 45,
Section 1;
(6) petition for annulment of judgments or final orders and
resolutions under Rule 47, Section 4;
RULES OF COURT
EXCEPTIONS TO THE RULE ON VERIFICATION
(7) complaint for injunction under Rule 58, Section 4;
(8) application for preliminary injunction or temporary restraining
order under Rule 58, Section 4;
(9) application for appointment of a receiver under Rule 59, Section
1;
(10) application for support pendente lite under Rule 61, Section 1;
(11) petition for certiorari against the judgments, final orders or
resolutions of constitutional commissions under Rule 64, Section
2;
(12) petition for certiorari, prohibition, and mandamus under Rule
65, Sections 1 to 3;
RULES OF COURT
EXCEPTIONS TO THE RULE ON VERIFICATION
13) petition for quo warranto under Rule 66, Section 1;
(14) complaint for expropriation under Rule 67, Section 1;
(15) petition for indirect contempt under Rule 71, Section 4, all from
the 1997 Rules of Court;
(16) all complaints or petitions involving intra-corporate
controversies under the Interim Rules of Procedure on IntraCorporate Controversies;
(17) complaint or petition for rehabilitation and suspension of
payment under the Interim Rules on Corporate Rehabilitation; and
(18) petition for declaration of absolute nullity of void marriages and
annulment of voidable marriages as well as petition for summary
proceedings under the Family Code.
RULES OF COURT
GUIDELINES
1) A distinction must be made between noncompliance with the requirement on or submission
of defective verification, and non-compliance with
the requirement on or submission of defective
certification against forum shopping.
RULES OF COURT
GUIDELINES
2) As to verification, non-compliance therewith or a defect therein does not
necessarily render the pleading fatally defective. The Court may order its
submission or correction or act on the pleading if the attending
circumstances are such that strict compliance with the Rule may be
dispensed with in order that the ends of justice may be served thereby.
3) Verification is deemed substantially complied with when one who has
ample knowledge to swear to the truth of the allegations in the complaint or
petition signs the verification, and when matters alleged in the petition have
been made in good faith or are true and correct.
Nellie Vda. de Formoso, et al. vs. PNB, et al., G.R. No. 154704, June 1, 2011, citing Oldarico S.
Traveno v. Bobongon Banana Growers Multi-Purpose Cooperative, G.R. No. 164205,
September 3, 2009
TEXT
GUIDELINES
4) As to certification against forum shopping,
non-compliance therewith or a defect therein,
unlike in verification, is generally not curable
by its subsequent submission or correction
thereof, unless there is a need to relax the Rule
on the ground of "substantial compliance" or
presence of "special circumstances or
compelling reasons."
RULES OF COURT
GUIDELINES
5.) The certification against forum shopping must be signed by all
the plaintiffs or petitioners in a case; otherwise, those who did
not sign will be dropped as parties to the case. Under
reasonable or justifiable circumstances, however, as when all
the plaintiffs or petitioners share a common interest and invoke
a common cause of action or defense, the signature of only one
of them in the certification against forum shopping
substantially complies with the Rule.
6) Finally, the certification against forum shopping must be
executed by the party-pleader, not by his counsel. If, however,
for reasonable or justifiable reasons, the party-pleader is
unable to sign, he must execute a Special Power of Attorney
designating his counsel of record to sign on his behalf.
RULES OF COURT
IMPORTANCE
The verification requirement is significant, as it is intended to
secure an assurance that the allegations in the pleading are true
and correct and not the product of the imagination or a matter of
speculation.
Toyota Motor Phil. Corp. Workers Assn., et al., vs. National Labor Relations
Commission, G.R. Nos. 158786, 158789 & 158798-99, October 19,
2007;Christine Chua vs. Jorge Torres, G.R. No. 151900, August 30, 2005;Loreta
Torres vs. Specialized Packaging Development Corporation, G.R. No. 149634, July
6, 2004;Bank of the Philippine Islands vs. Court of Appeals, G.R. No. 146923,
April 30, 2003;Shipside Incorporated vs. Court of Appeals, G.R. No. 143377,
February 20, 2001
RULES OF COURT
HOW VERIFIED
Under Section 4, Rule 7 of the Rules of Court, a
pleading is verified by an affidavit that the affiant
has read the pleading and that the allegations
therein are true and correct of his personal
knowledge or based on authentic records.
Fernando Go vs. Court of Appeals, et al., G.R. No.
163745, August 24, 2007; LDP Marketing, Inc. vs.
Monter, G.R. No. 159653, January 25, 2006
RULES OF COURT
CERTIFICATION NON-FORUM SHOPPING
Basis for the Requirement of Certification of Non-Forum
Shopping
The requirement of the certification of non-forum shopping is
rooted in the principle that a party-litigant shall not be allowed
to pursue simultaneous remedies in different fora, as this
practice is detrimental to an orderly judicial procedure.
However, the Court has relaxed, under justifiable
circumstances, the rule requiring the submission of such
certification considering that, although it is obligatory, it is not
jurisdictional. Not being jurisdictional, it can be relaxed under
the rule of substantial compliance.
RULES OF COURT
REQUIREMENT
South Cotabato Communications Corp., et al. vs. Patricia A.
Sto. Tomas, et al., G.R. No. 173326, December 15, 2010
All complaints, petitions, applications, and other
initiatory pleadings must be accompanied by a
certificate against forum shopping, first
prescribed by Administrative Circular No. 04-94,
which took effect on April 1, 1994, then later on
by Rule 7, Section 5 of the 1997 Rules of Court.
RULES OF COURT
STANDARD
Vallacar Transit, Inc. vs. Jocelyn Catubig, G.R. No. 175512,
May 30, 2011
What is truly important to consider in determining whether
forum shopping exists or not is the vexation caused the
courts and parties-litigant by a party who asks different
courts and/or administrative agencies to rule on the same
or related causes and/or to grant the same or substantially
the same reliefs, in the process creating the possibility of
conflicting decisions being rendered by the different fora
upon the same issue.
RULES OF COURT
Phil Pharmawealth, Inc. vs. Pfizer, Inc. et al., G.R. No.
167715, November 17, 2010;Public Interest Center, Inc., et
al. vs. Vicente Q. Roxas, et al., G.R. No. 125509, January 31,
2007
Regarding the certification against forum shopping, the
Rules of Court provides that the plaintiff or the principal
party shall certify under oath in the complaint or other
initiatory pleading the requirements as mandated under
Section 5, Rule 7.
RULES OF COURT
RULE:
Teresa Gabriel, et al. vs. Court of Appeals, et al., G.R. No.
149909, October 11, 2007
Failure to comply with the non-forum shopping
requirements in Section 5, Rule 7 of the Revised Rules of
Court, does not automatically warrant the dismissal of the
case with prejudice.
RULES OF COURT
Composite Enterprises, Inc. vs. Emilio M. Caparoso, et al.,
G.R. No. 159919, August 8, 2007
Section 5, Rule 7 of the Rules of Court requires that, should
there be any pending action or claim before any court,
tribunal or quasi-judicial agency, a complete statement of
its status should be given.
RULES OF COURT
LIBERAL INTERPRETATION MAY BE ALLOWED
Nelson P. Collantes vs. Court of Appeals, et al., G.R. No. 169604, March 6,
2007
Rule 7, Section 5 of the Rules of Court provides that the certification of nonforum shopping
should be executed by the plaintiff or the principal party.
Failure to comply with the requirement shall be cause for dismissal of the
case. However, a liberal application of the rules is proper where the higher
interest of justice would be served.
In Sy Chin v. Court of Appeals, we ruled that while a petition may have been
flawed where the certificate of non-forum shopping was signed only by
counsel and not by the party, this procedural lapse may be overlooked in
the interest of substantial justice. So it is in the present controversy where
the merits of the case and the absence of an intention to violate the rules
with impunity should be considered as compelling reasons to temper the
strict application of the rules.
RULES OF COURT
AUTHORITY OF COUNSEL TO SIGN
Michael C. Guy vs. CA, et al., G.R. No. 163707, September 15, 2006
The requirement that the certification of non-forum shopping should be
executed and signed by the plaintiff or principal means that counsel cannot
sign said certification unless clothed with special authority to do so. The reason
for this is that the plaintiff or principal knows better than anyone else whether
a petition has previously been filed involving the same case or substantially
the same issues. Hence, a certification signed by counsel alone is defective and
constitutes a valid cause for dismissal of the petition. In the case of natural
persons, the Rule requires the parties themselves to sign the certificate of nonforum shopping.
However, in the case of the corporations, the physical act of
signing may be performed, on behalf of the corporate entity, only by
specifically authorized individuals for the simple reason that corporations, as
artificial persons, cannot personally do the task themselves. It cannot be
gainsaid that obedience to the requirements of procedural rules is needed if
we are to expect fair results therefrom. Utter disregard of the rules cannot
justly be rationalized by harking on the policy of liberal construction.
RULES OF COURT
WHEN IS THERE FORUM SHOPPING
Forum-shopping consists of filing multiple suits involving the same parties for the same
cause of action, either simultaneously or successively, for the purpose of obtaining a
favorable judgment. Thus, it has been held that there is forum-shopping
(1) whenever as a result of an adverse decision in one forum, a party seeks a
favorable decision (other than by appeal or certiorari) in another, or
(2) if, after he has filed a petition before the Supreme Court, a party files another
before the Court of Appeals since in such case he deliberately splits appeals "in the
hope that even as one case in which a particular remedy is sought is dismissed,
another case (offering a similar remedy) would still be open," or
(3) where a party attempts to obtain a preliminary injunction in another court after
failing to obtain the same from the original court.
RULES OF COURT
Executive Secretary, et al. vs. Richard J. Gordon, et al., G.R. No.
134171, November 18, 1998
Forum shopping exists when two or more actions involve the same
transactions, essential facts and circumstances, and raise identical
causes of action, subject matter, and issues. Still another test of
forum shopping is when the elements of litis pendencia are
present or where a final judgment in one case will amount to res
judicata in another whether in the two or more pending cases,
there is an identity of (a) parties (or at least such parties as
represent the same interests in both actions); (b) rights or causes
of action, and (c) reliefs sought.
RULES OF COURT
RULES AND REMEDIES IF THERE IS FORUM SHOPPING
SAME CAUSE OF ACTION, SAME PRAYER AND PREVIOUS CASE NOT
HAVING BEEN RESOLVED YET
= FILE MOTION TO DISMISS BASED ON LIS PENDENTIA
SAME CAUSE OF ACTION, SAME PRAYER, PREVIOUS CASE HAVING
BEEN FINALLY RESOLVED
= FILE MOTION TO DISMISS BASED ON RES JUDICATA
SAME CAUSES OF ACTION, DIFFERENT PRAYERS {SPLITTING OF
CAUSES OF ACTION}
= FILE MOTION TO DISMISS EITHER LIS PENDENTIA OR RES JUDICATA
RULES OF COURT
APPLICATION OF RULE ON FORUM SHOPPING IN ELECTION CASES
Metrobank vs. International Exchange Bank, G.R. Nos. 176008 &
176131, August 10, 2011
The Rules of Civil Procedure generally do not apply to election
cases. They apply only by analogy or in a suppletory character and
whenever practicable and convenient. Election contests are
subject to the Comelec Rules of Procedure. Rule 35 thereof
governs election contests involving elective municipal officials
before the Regional Trial Courts. Rule 35 does not require that
the petition contesting the election of any municipal official be
accompanied by a certification or any statement against forum
shopping.
RULES OF COURT
CLAUDIUS G. BARROSO VS. FRANCISCO S. AMPIG, ET AL., G.R. NO. 138218, MARCH 17,
2000 ;APOLINARIO VS. COURT OF APPEALS, G.R. NO. 123686, NOVEMBER 16, 1999
Section 5, Rule 7 expressly provides that it is the plaintiff or
principal party who shall certify under oath that he has not
commenced any action involving the same issues in any
court, etc.
The attestation contained in the certification on non-forum
shopping requires personal knowledge by the party who
executed the same. Petitioners must show reasonable
cause for failure to personally sign the certification. Utter
disregard of the rules cannot justly be rationalized by
harking on the policy of liberal construction.
RULES OF COURT
APPLICABLE ONLY IN INITIATORY PLEADINGS
Metropolitan Bank and Trust Co. vs. Sps. Elmor and Rosario J. Bance, G.R. No. 167280,
April 30, 2008
The certification against forum shopping is required only in a complaint or other
initiatory pleading.
The ex parte petition for the issuance of a writ of possession filed by the respondent is
not an initiatory pleading.
Although the private respondent denominated its pleading as a petition, it is,
nonetheless, a motion. What distinguishes a motion from a petition or other
pleading is not its form or the title given by the party executing it, but rather its
purpose. The office of a motion is not to initiate new litigation, but to bring a
material but incidental matter arising in the progress of the case in which the
motion is filed. A motion is not an independent right or remedy, but is confined to
incidental matters in the progress of a cause. It relates to some question that is
collateral to the main object of the action and is connected with and dependent
upon the principal remedy. An application for a writ of possession is a mere
incident in the registration proceeding. Hence, although it was denominated as a
"petition," it was in substance merely a motion.
RULES OF COURT
MANNER OF MAKING ALLEGATIONS IN PLEADINGS (RULE 8)
The Rules of Court require every pleading to "contain in a
methodical and logical form, a plain, concise and direct
statement of the ultimate facts on which the party pleading
relies for his claim or defense".
Edward T. Marcelo, et al. vs. Sandiganbayan, et al., G.R. No.
156605, August 28, 2007
RULES OF COURT
ALTERNATIVE CAUSES OF ACTION/DEFENSES
Sec. 2. Alternative causes of action or defenses.
A party may set forth two or more statements of a claim or
defense alternatively or hypothetically, either in one cause
of action or defense or in separate causes of action or
defenses. When two or more statements are made in the
alternative and one of them if made independently would
be sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements.
RULES OF COURT
ALLEGE COMPLIANCE WITH CONDITIONS PRECEDENT
Sec. 3. Conditions precedent.
In any pleading a general averment of the performance or
occurrence of all conditions precedent shall be sufficient.
RULES OF COURT
CAPACITY
Section 4. Capacity.
Capacity to sue and be sued either personally or in
representative capacity must be specifically averred by the
party suing or being sued, and specifically denied by the
party questioning such capacity.
How to question capacity?
Capacity is challenged by specific denial, motion to dismiss
or bill of particulars.
RULES OF COURT
RULE IN CASE OF FRAUD, ACCIDENT, MISTAKE
Section 5. Fraud, mistake, condition of the condition
FACTS THAT MAY BE AVERRED GENERALLY:
1. Conditions precedent (BUT there must still be an allegation
that the specific condition precedent has been complied with,
otherwise, it will be dismissed for failure to state a cause of action)
2. Malice, intent, knowledge, or other condition of the mind
3. Judgments of domestic or foreign courts, tribunals, boards, or
officers (no need to show jurisdiction)
4. Official document or act
RULES OF COURT
FACTS THAT MUST BE AVERRED PARTICULARLY:
1. Circumstances showing fraud or mistake in all
averments of fraud or mistake
2. Capacity
RULES OF COURT
WHEN TO BE ALLEGED WITH PARTICULARITY
Sec. 5, Rule 8 of the Rules of Court specifically
provides that in all averments of fraud, the
circumstances constituting fraud must be stated
with particularity. This is to enable the opposing
party to controvert the particular facts allegedly
constituting the same.
Jorge Gonzales, et al. vs. Climax Mining Ltd., et al., G.R. Nos.
161957 & 167994, January 22, 2007
RULES OF COURT
SECTION 7. ACTION OR DEFENSE BASED ON DOCUMENT
ACTIONABLE DOCUMENT
written instrument upon which the action or defense is based.
RULES OF COURT
TWO PERMISSIBLE WAYS OF PLEADING AN ACTIONABLE DOCUMENT:
1. By setting forth the substance of such document in
the pleading and attaching said document thereto
as an annex (contents of the document annexed are
controlling, in case of variance in the substance of
the document set forth in the pleading and in the
document attached); or
2. By setting forth said document verbatim in the necessarily within the defendant's knowledge, an alleged "ignorance or lack
pleading. of information" will not be considered as a specific denial.
RULES OF COURT Section 11, Rule 8 of the Rules also provides that material averments in the
RULES ON ACTIONABLE DOCUMENT complaint other than those as to the amount of unliquidated damages shall
Where the actionable document is properly alleged, the be deemed admitted when not specifically denied. Thus, the answer should
failure to specifically deny under oath the same results in: be so definite and certain in its allegations that the pleader's adversary
1. The admission of the genuineness and due execution should not be left in doubt as to what is admitted, what is denied, and what
of said document, EXCEPT where an oath is not required: is covered by denials of knowledge as sufficient to form a belief.
When the adverse party was not a party to the instrument; and Wilson Cham vs. Eva Paita-Moya, A.C. No. 7494, June 27, 2008
When an order for the inspection of the original document was Agrifina Aquintey vs. Sps. Felicidad and Rico Tibong, G.R. No. 166704,
not complied with. December 20, 2006
2. The document need not be formally offered in evidence RULES OF COURT
RULES OF COURT EXCEPTIONS ON SPECIFIC DENIAL
ADMISSION ON GENUINENESS Allegations as to the amount of unliquidated damages
GENUINENESS Immaterial allegations;
That the document is not spurious, counterfeit, or of Incorrect conclusions of fact.
different import on its face from the one executed by the RULES OF COURT
party, or that the party whose signature it bears has signed RULE 9 EFFECT OF FAILURE TO PLEAD
it and that at the time it was signed it was in words and GENERAL RULE:
figures exactly as set out in the pleadings. Defenses and objections that are not pleaded in a MOTION TO
RULES OF COURT DISMISS or in the answer are deemed waived.
ADMISSION ON DUE EXECUTION RULES OF COURT
DUE EXECUTION RULE 9 EFFECT OF FAILURE TO PLEAD
That the document was signed voluntarily and knowingly Section 1. (Exceptions)
by the party whose signature appears thereon. The second sentence of this provision does not only supply exceptions to the rule that
RULES OF COURT defenses not pleaded either in a motion to dismiss or in the answer are deemed
SPECIFIC DENIAL waived, it also allows courts to dismiss cases motu proprio on any of the enumerated
Section 10. Specific Denial grounds
Three (3) modes of specific denial are contemplated by the above provision, 1) lack of jurisdiction over the subject matter;
namely: (2) litis pendentia;
1) by specifying each material allegation of the fact in the complaint, the truth of (3) res judicata; and
which the defendant does not admit, and whenever practicable, setting forth (4) prescription provided that the ground for dismissal is apparent from the pleadings
the substance of the matters which he will rely upon to support his denial; or the evidence on record.
(2) by specifying so much of an averment in the complaint as is true and Heirs of Domingo Valientes vs. Reinerio (Abraham) B. Ramas, et al., G.R. No. 157852,
material and denying only the remainder; December 15, 2010; Toshiba Information Equipment (Phils.), Inc. vs. Commissioner of
(3) by stating that the defendant is without knowledge or information sufficient Internal Revenue, G.R. No. 157594, March 9, 2010
to form a belief as to the truth of a material averment in the complaint, which RULES OF COURT
has the effect of a denial. It is clear and categorical in Section 1, Rule 9 of
Sps. Napoleon and Evelyn Gaza, et al. vs. Ramon J. Lim, et al., G.R. No. 126863, January 16, the Revised Rules of Court that failure to raise
2003 defenses and objections in a motion to dismiss or
RULES OF COURT in an answer is deemed a waiver thereof; and
HOW SPECIFIC basic is the rule in statutory construction that
A denial is not specific simply because it is so qualified when the law is clear and free from any doubt or
by the defendant. A general denial does not become ambiguity, there is no room for construction or
specific by the use of the word "specifically." When the interpretation.
matters of whether the defendant alleges having no Librada M. Aquino vs. Ernest S. Aure, G.R. No.
knowledge or information sufficient to form a belief, 153567, February 18, 2008
are plainly and necessarily within the defendant's RULES OF COURT
knowledge, his alleged ignorance or lack of RULE ON COUNTER CLAIM/CROSS CLAIMS
information will not be considered as a specific denial. Sec. 2. Compulsory counterclaim, or cross-claim, not set up
PNB vs. Court of Appeals, G.R. No. 126153, January 14, 2004 barred.
RULES OF COURT A compulsory counterclaim, or a cross-claim, not set up
RULE 8, SEC. 11 - ALLEGATIONS NOT SPECIFICALLY DENIED DEEMED shall be barred.
ADMITTED DOCKET FEES are required to be paid in compulsory
A denial is not made specific simply because it is so qualified by the defendant. counter claim or cross claim.
A general denial does not become specific by the use of the word RULES OF COURT
"specifically." When matters of whether the defendant alleges having no DEFAULT
knowledge or information sufficient to form a belief are plainly and Rule 9, Sec. 3 - Default, declaration of
 DEFAULT the failure of the defendant to answer within the the non-defaulting defendants.
proper period. It is not his failure to appear nor failure to present RULES OF COURT
evidence. PARTIAL DEFAULT
The pleading asserting a claim states a common cause of
RULES OF COURT action against several defending parties
CAUSES OF DEFAULT Some of the defending parties answer and the others fail
Failure to answer within the proper period of 15 days to do so
Non-compliance with the order of the court to file a bill of The answer interposes a common defense
particulars or in case of insufficient compliance therewith RULES OF COURT
(Rule 12, Section 4) EFFECT OF PARTIAL DEFAULT
Refusal to comply with the modes of discovery (Rule 29, The court will try the case against ALL defendants upon the
Section 3, par. c) answer of some.
Failure to furnish plaintiff with a copy of the answer EXCEPT where the defense is personal to the one who
RULES OF COURT answered, in which case, it will not benefit those who did not
NO DEFAULT answer.
Annulment of marriage RULES OF COURT
Declaration of nullity of marriage REMEDIES
Legal Separation (1) a motion to set aside the order of default under Section 3 (b); Rule 9 of the
Special civil actions of certiorari, prohibition and Rules of Court, if the default was discovered before judgment could be rendered;
mandamus where comment instead of an answer is (2) a motion for new trial under Section 1 (a) of Rule 37, if the default was
required to be filed discovered after judgment but while appeal is still available;
RULES OF COURT (3) a petition for relief under Rule 38, if judgment has become final and executory;
PROCEDURE and
The court cannot motu proprio declare a defendant in default. (4) an appeal from the judgment under Section 1, Rule 41, even if no petition to set
For defendant to be declared in default, the plaintiff must: aside the order of default has been resorted to. These remedies, however, are
File a MOTION to declare defendant in default available only to a defendant who has been validly declared in default. Such
Prove that summons have been properly served on the defendant irreparably loses the right to participate in the trial.
defendant RULES OF COURT
Prove that the defendant really failed to answer within the SUMMARY OF REMEDIES ON DEFAULT
proper period. INCIDENT REMEDIES
RULES OF COURT a motion to set aside the order of default
REQUIREMENTS if the default was discovered before
under Section 3 (b); Rule 9 of the Rules of
Clearly, there are three requirements which must be complied with by the judgment could be rendered
Court
claiming party before the court may declare the defending party in default, if the default was discovered after judgment a motion for new trial under Section 1 (a) of
to wit: but while appeal is still available Rule 37
(1) the claiming party must file a motion asking the court to declare the if judgment has become final and executory a petition for relief under Rule 38
defending party in default; even if no petition to set aside the order of an appeal from the judgment under Section
(2) the defending party must be notified of the motion to declare him in default has been resorted to. 1, Rule 41,
default;
(3) the claiming party must prove that the defending party has failed to
answer within the period provided by the Rule.
RULES OF COURT
Sps. Humberto and Carmencita DeLos Santos vs. Emmanuel C. Carpio, et
EXTENT OF RELIEF TO BE AWARDED IN A
al., G.R. No. 153696, September 11, 2006
JUDGMENT BY DEFAULT:
RULES OF COURT
Shall not exceed the amount OR be different in kind from
DIFFERENCE ORDER OF DEFAULT/JUDGMENT BY DEFAULT
that prayed for NOR award unliquidated damages.
ORDER OF DEFAULT JUDGMENT BY DEFAULT RULES OF COURT
issued by the court, on plaintiffs motion Rendered by the court following a default AMENDED AND SUPPLEMENTAL PLEADINGS: RULE 10
for failure of the defendant to file his order or after it received, ex parte, WHY AMEND OR SUPPLEMENT ?
responsive pleading seasonably. plaintiffs evidence. Pleadings may be amended by adding or striking out an
Interlocutory - not appealable Final appealable allegation or the name of any party, or by correcting a
mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect, so that the
RULES OF COURT actual merits of the controversy may speedily be
EFFECT OF ORDER OF DEFAULT determined, without regard to technicalities, and in the
While the party in default cannot take part in the trial, most expeditious and inexpensive manner. (Section 1)
he is nonetheless entitled to notice of subsequent RULES OF COURT
proceedings. RULE 10. AMENDED AND SUPPLEMENTAL PLEADINGS
He may still be called on as a witness, in behalf of IS THIS RIGHT ABSOLUTE?
The Court has invariably held that amendments are not
proper and should be denied when delay would arise, or
when amendments would result in a change of cause of
action or theory of the case, or would be inconsistent with
the allegations in the original complaint.
Josephine B. Ng, et al. vs. Sps. Marcelo and Maria Fe Soco, G.R. No. 149132, May 9,
2002
RULES OF COURT
WHEN AMENDMENT ALLOWED
Under the Rules of Court, a party may amend his pleading
once as a matter of right at any time before a responsive
pleading is served, or in the case of a reply, at any time
within ten (10) days after it is served.
NAMAWU vs. Adelina Calderon-Bargas, et al., G.R. No.
157232, December 10, 2007 in relation to Section 2, Rule
10
RULES OF COURT
GUIDELINES
Under Section 2 of Rule 10, a party may amend his pleading once as a
matter of right at any time before a responsive pleading is served, and
thereafter, only upon leave of court.
Republic of the Philippines vs. Andres L. Africa, et al., G.R. No. 172315, August 28, 2007
It is clear from Sections 2 and 3 of Rule 10 that once a case has already
been set for hearing, regardless of whether a responsive pleading has
been served, substantial amendments . . . may only be made upon leave
of court.
Alicia C. Maranan vs. Manila Banking Corp., G.R. No. 164398, March 30, 2007
RULES OF COURT
WHAT DO WE MEAN WITH LEAVE OF COURT?
File a Motion to Admit Amended or Supplemental Pleading.
Motion will be heard with notice to parties.
Except as provided in the next preceding section,
substantial amendments may be made only upon leave of
court. But such leave may be refused if it appears to the
court that the motion was made with intent to delay. Orders
of the court upon the matters provided in this section shall
be made upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard. (Section 3)
RULES OF COURT
IF NO ANSWER HAS BEEN FILED YET?
It cannot be said that the defendant's rights have been
violated by changes made in the complaint if he has yet to
file an answer thereto.
In such an event, the defendant has not presented any
defense that can be altered or affected by the amendment
of the complaint in accordance with Section 2 of Rule 10.
The defendant still retains the unqualified opportunity to
address the allegations against him by properly setting up
his defense in the answer. Considerable leeway is thus
given to the plaintiff to amend his complaint once, as a
matter of right, prior to the filing of an answer by the
defendant.
RULES OF COURT
DOES THIS PRECLUDE FILING OF MOTION TO DISMISS?
No. The right granted to the plaintiff under procedural law to amend the complaint
before an answer has been served is not precluded by the filing of a motion to
dismiss or any other proceeding contesting its sufficiency. Were we to conclude
otherwise, the right to amend a pleading under Section 2, Rule 10 will be rendered
nugatory and ineffectual, since all that a defendant has to do to foreclose this
remedial right is to challenge the adequacy of the complaint before he files an
answer.
Moreover, amendment of pleadings is favored and should be liberally allowed in the
furtherance of justice in order to determine every case as far as possible on its merits
without regard to technicalities. This principle is generally recognized to speed up
trial and save party litigants from incurring unnecessary expense, so that a full
hearing on the merits of every case may be had and multiplicity of suits avoided.
Remington Industrial Sales Corp. vs. Court of Appeals, G.R. No. 133657, May 29, 2002
RULES OF COURT
FORMAL AMENDMENTS
The error or defect is merely formal and not substantial
and an amendment to cure such defect is expressly
authorized by Sec. 4, Rule 10 of the Rules of Court.
Sps. William and Rebecca Genato vs. Rita Viola, G.R. No.
169706, February 5, 2010
RULES OF COURT
WHEN IS IT CONSIDERED A FORMAL DEFECT?
Formal amendments include not only a correction of a defect
in the designation of the parties, but also other clerical
errors.
These may be corrected by the court motu proprio or on
motion, provided NO prejudice is caused thereby to the
adverse party.
RULES OF COURT
SCENARIO
X seeks to amend his complaint, 3 years after a responsive
pleading or the answer has already been filed. The
intention of X is to correct the date when the incident
occurred, from March 28, 2001 to March 18, 2001. Y, as
defendant objected to the amendment since this is not
anymore a formal defect and will prejudice his rights. All
the supporting documents offered in evidence however
referred to the date of March 18, 2001 and no other.
RULES OF COURT
RULE
At present, Section 4, Rule 10 of the Revised Rules of
Court is quite clear with regard to formal amendments:
SEC. 4. Formal amendments. A defect in the designation
of the parties and other clearly clerical or typographical
errors may be summarily corrected by the court at any
stage of the action, at its initiative or on motion,
provided no prejudice is caused thereby to the adverse
party.
RULES OF COURT
RULE
The error in this case is purely technical. To take advantage of it
for other purposes than to cure it, does not appeal to a fair sense
of justice. Its presentation as fatal to the plaintiffs case smacks of
skill rather than right. A litigation is not a game of technicalities
in which one, more deeply schooled and skilled in the subtle art
of movement and position, entraps and destroys the other. It is,
rather, a contest in which each contending party fully and fairly
lays before the court the facts in issue and then, brushing aside
as wholly trivial and indecisive all imperfections of form and
technicalities of procedure, asks that justice be done upon the
merits. x x x x (BORMAHECO vs. Malayan Insurance [2010])
RULES OF COURT in aid of an original pleading, but not to introduce new and
RULE 10, SEC. 5 - AMENDMENT TO CONFORM TO OR AUTHORIZE independent causes of action.
PRESENTATION OF EVIDENCE Planters Dev't Bank vs. LZK Holdings and Dev't Corp., G.R. No. 153777, April 15, 2005
When issues not raised by the pleadings are tried with the express or TEXT
implied consent of the parties, they shall be treated in all respects as if DISTINCTIONS
they had been raised in the pleadings. Such amendment of the Amended Supplemental Pleadings
pleadings as may be necessary to cause them to conform to the Proper in order to allege facts which
evidence and to raise these issues may be made upon motion of any occurred prior to the filing of the original Proper in order to allege facts which
party at any time, even after judgment; but failure to amend does not pleadings, but for which some reason, occurred after the filing of the original
affect the result of the trial of these issues. If evidence is objected to at such as oversight, inadvertence or pleadings
the trial on the ground that it is not within the issues made by the discovery were not alleged therein
pleadings, the court may allow the pleadings to be amended and shall Designed to include matters occurring Designed to cover matters subsequently
do so with liberality if the presentation of the merits of the action and the before the filing of the pleading but either occurring but pertaining to the original
ends of substantial justice will be subserved thereby. The court may overlooked or not known at the time. cause.
grant a continuance to enable the amendment to be made.
RULES OF COURT
RULE 10, SEC. 5 - AMENDMENT TO CONFORM TO OR AUTHORIZE RULES OF COURT
PRESENTATION OF EVIDENCE GUIDELINES
If evidence is objected to at the trial on the ground that it Firstly, Supplemental pleadings must be with reasonable notice, and it
is not within the issues raised by the pleadings, the court is discretionary upon the court or tribunal to allow the same or not.
may allow the pleadings to be amended and shall do so Secondly, a supplemental pleading must state transactions,
with liberality if the presentation of the merits of the action occurrences or events which took place since the time the pleading
and the ends of substantial justice will be subserved sought to be supplemented was filed.
thereby. Conrado L. De Rama vs. Court of Appeals, G.R. No. 131136, February 28,
Asean Pacific Planners, et al. vs. City of Urdaneta, et al., G.R. No. 162525, September 23, 2001;Intramuros Administration vs. Yvette Contacto, et al., G.R. No. 152576, May 5,
2008 2003
RULES OF COURT RULES OF COURT
EFFECT OF NON-OBJECTION ISSUE
Indeed, any objection to the admissibility of evidence should be May a complaint that lacks a cause of action at the time it
made at the time such evidence is offered or as soon thereafter was filed be cured by the accrual of a cause of action
as the objection to its admissibility becomes apparent, during the pendency of the case?
otherwise the objection will be considered waived and such Can this be done thru amendment or supplemental
evidence will form part of the records of the case as competent pleading?
and admissible evidence. Rule 10, Section 5 of the Rules of Civil RULES OF COURT
Procedure allows the amendment of the pleadings in order to RULE
make them conform to the evidence in the record. It thus follows that a complaint whose cause of action has not
Jose L. Chua vs. Court of Appeals, G.R. No. 109840, January 21, 1999 yet accrued cannot be cured or remedied by an amended or
RULES OF COURT supplemental pleading alleging the existence or accrual of a
RULE 10, SEC. 6 - SUPPLEMENTAL PLEADINGS cause of action while the case is pending. Such an action is
As its very name denotes, a supplemental pleading only serves to prematurely brought and is, therefore, a groundless suit,
bolster or adds something to the primary pleading. which should be dismissed by the court upon proper motion
A supplement exists side by side with the original. It does not replace seasonably filed by the defendant. The underlying reason for
that which it supplements. Moreover, a supplemental pleading this rule is that a person should not be summoned before the
assumes that the original pleading is to stand and that the issues public tribunals to answer for complaints which are
joined with the original pleading remained an issue to be tried in the immature. (Swagman Hotel vs. Court of Appeals [2005])
action. It is but a continuation of the complaint. RULES OF COURT
Its usual office is to set up new facts which justify, enlarge or change RULE 10, SEC. 8 - EFFECT OF AMENDED PLEADINGS
the kind of relief with respect to the same subject matter as the Under Section 8, Rule 10, Rules of Court, an amended complaint
controversy referred to in the original complaint. supersedes an original one. The original complaint is deemed
RULES OF COURT withdrawn and no longer considered part of the record.
SUPPLEMENTAL PLEADING Natividad Figuracion, et al. vs. Sps. Cresenciano and Amelita Libi, G.R. No. 155688,
The purpose of the supplemental pleading is to bring into the records November 28, 2007;The Philippine American Life & General Insurance Company vs.
new facts which will enlarge or change the kind of relief to which the Breva, G.R. No. 147937, November 11, 2004
plaintiff is entitled; hence, any supplemental facts which further RULES OF COURT
develop the original right of action, or extend to vary the relief, are RULE 11. PERIODS TO FILE RESPONSIVE PLEADINGS
available by way of supplemental complaint even though they Pleading Period to File
themselves constitute a right of action. Answer Within 15 days after service of summons, UNLESS a
The parties may file supplemental pleadings only to supply deficiencies different period is fixed by the court.
 In case the defendant is a foreign private juridical entity;
if it has a resident agent- within 15days after service of
summons to him;
if it has no resident agent, but it has an agent or officer in
the Philippines within 15 days after service of summons
to said agent or officer;
it has no resident agent nor agent nor officer in which
case service of summons is to be made on the proper
government office which will then send a copy by
registered mailto the home office of the foreign private
corporation within 30 days after receipt of summons by
the home office of the foreign private entity
In case of service of summons by publication within the
time specified in the order granting leave to serve
summons by publication, which shall NOT be less than
60days after notice (rule 14, Section 15)
In case of a non-resident defendant on whom
extraterritorial service of summons is made, the period to
answer should be at least 60day
RULES OF COURT
RULE 11. WHEN TO FILE RESPONSIVE PLEADINGS
Pleading Period to File
In the filing of an amended complaint is a matter
of rightwithin 15 days from service of amended
complaint. If the filing of an amended complain is
Answer to amended pleadings
NOT amatter of rightwithin 10 days counted
from notice of the court order admitting the
same
Answer to counter claim or cross claim 10 days from service
The third party defendant is served with
Answer to 3rd party, 4th party, etc. summons just like the original defendant, hence,
complaint he also has15, 30, 60 days from service of
summons, as thecase may be, to file his answer.
A reply may be filed within 10 days from service
Reply
of the pleading responded to
Answer to a supplemental complaint must be
Answer to supplemental pleadings filedwithin 10 days from notice of the order
admitting the same.
RULES OF COURT
RULE 11. SECTION 11 (EXTENSION)
REQUISITES
1. There must be a motion;
2. With service of such motion to other party; and;
3. On such terms as may be just
RULES OF COURT
RULE 12. BILL OF PARTICULARS
A more definite statement of any matter which is not averred
with sufficient definiteness or particularity.
PURPOSE: to aid in the preparation of a responsive
pleading
RULES OF COURT
GUIDELINES
The motion for bill of particulars shall be filed before responding
to a pleading (before the Answer). Hence, it must be filed within
the period granted by the Rules (Rule 11) for the filing of a
responsive pleading, and in the format of a motion as required
under Rule 15.
The motion shall point out:
1. The defects complained of:
2. The paragraphs wherein they are contained; and
3. The details desired.
RULES OF COURT
EXAMPLE OF A BILL OF PARTICULARS
A files a complaint for copyright infringement and unfair
competition against B, on the ground that the latter lifted,
copied, plagiarised and transferred certain portions of
their book. A asked the court that B surrender all copies of
the books together with all the plates, films and soft copies
of all materials, and to account for the loss in sales.
What can B do in the exercising the option of filing a
Motion for a Bill of Particulars?
RULES OF COURT
ANSWER:
B can file a motion for a Bill of Particulars to furnish
specific portions, including pages and lines of the
published and copyrighted book of A which was allegedly
copied, lifted and plagiarized.
RULES OF COURT
EFFECT OF BILL OF PARTICULARS
Note the Virata Mapa Doctrine.
The rule is that a complaint must contain the ultimate facts
constituting plaintiffs cause of action.
RULES OF COURT
BILL OF PARTICULARS
A bill of particulars is a complementary procedural document
consisting of an amplification or more particularized outline
of a pleading, and being in the nature of a more specific
allegation of the facts recited in the pleading.
It is the office of the bill of particulars to inform the opposite
party and the court of the precise nature and character of the
cause of action or defense which the pleader has attempted
to set forth and thereby to guide his adversary in his
preparations for trial, and reasonably to protect him against
surprise at the trial.
RULES OF COURT
EFFECTS OF MOTION
1. If the motion is granted, in whole or in part, the movant can wait until the
bill of particulars is served on him by the opposing party and then he will
have the balance of the reglementary period within which to file his
responsive pleading;
2. If his motion is denied, he will still have such balance of the reglementary
period to file his responsive pleading; counted from service of the order
denying his motion.
In either case, he shall have not less than 5days to file his responsive
pleading. The bill of particulars may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party. It
becomes part of the pleading sought to be clarified
RULES OF COURT
RULE 13. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
PAPERS
Filing of Pleadings Service of Pleadings
Act of presenting the pleading or other Act providing a party with a copy of the
paper to the clerk of court pleading or paper concerned stamp on the envelope or from the registry receipt, either of which may
-judgment, pleadings and orders are suffice to prove the timeliness of the filing of the pleadings.
served to counsel, except:1) when he has If the date stamped on one is earlier than the other, the former may be
no counsel2) when counsel of record accepted as the date of filing. This presupposes, however, that the
cant be located3) when party himself is
envelope or registry receipt and the dates appearing thereon are duly
directed by court to show cause (ex.
personally to the clerk of court Contempt)-if represented by 2counsels, authenticated before the tribunal where they are presented.
sending them by registered mail notice may be made either upon both GSIS vs. NLRC, et al., G.R. No. 180045, November 17, 2010;Norma Santos vs. Joyce
or either of them Trinidad A. Hernandez, et al., AM P-02-1556, February 22, 2002
MODES OF SERVICE RULES OF COURT
Personally RULES
mail Service by registered mail is deemed completed upon actual receipt by the
Substituted service
addressee or after five (5) days from the date the addressee received the first
notice of the postmaster, whichever date is earlier.
Jerry co C. Rivera vs. Court of Appeals, et al., G.R. No. 157040, February 12, 2008
RULES OF COURT
The rule on service by registered mail contemplates two situations: (1) actual
RULE
service the completeness of which is determined upon receipt by the
If any party has appeared by counsel, service upon him shall be made
addressee of the registered mail; and (2) constructive service the
upon his counsel unless service upon the party himself is ordered by
completeness of which is determined upon expiration of five days from the
the court.
date the addressee received the first notice of the postmaster.
Notice to the client and not to his counsel of record is not notice in law.
Jose Mel Bernarte vs. PBA, et al., G.R. No. 192084, September 14, 2011
While this rule admits of exceptions, such as when the court or tribunal
RULES OF COURT
orders service upon the party or when the technical defect is waived,
RULE ON CONSTRUCTIVE SERVICE
none applies in this case.
There must be conclusive proof that a first notice was duly sent by the postmaster to
Heirs of Benjamin Mendoza, et al. vs. Court of Appeals, G.R. No. 170247, September 17,
the addressee. Not only is it required that notice of the registered mail be issued but
2008
that it should also be delivered to and received by the addressee.
RULES OF COURT
Notably, the presumption that official duty has been regularly performed is not
RULES
applicable in this situation. It is incumbent upon a party who relies on constructive
Rule 13 Section 2 of the Rules of Court merely defines filing as "the
service to prove that the notice was sent to, and received by, the addressee. The best
act of presenting the pleading or other paper to the clerk of court."
evidence to prove that notice was sent would be a certification from the postmaster,
Since the signing of verifications and certifications against forum
who should certify not only that the notice was issued or sent but also as to how, when
shopping is not integral to the act of filing, this may not be
and to whom the delivery and receipt was made. The mailman may also testify that the
deemed as necessarily included in an authorization merely to file
notice was actually delivered.
cases.
Jose Mel Bernarte vs. PBA, et al., G.R. No. 192084, September 14, 2011
Metropolitan Cebu Water District (MCWD) vs. Margarita A. Adala, G.R. No.
RULES OF COURT
168914, July 4, 2007
RULE ON CONSTRUCTIVE SERVICE
RULES OF COURT
The Postmaster's Certification does not sufficiently prove that the
RULES
three notices were delivered to and received by respondents; it
It is a rule generally accepted that when the service is to be made by
only indicates that the post office issued the three notices.
registered mail, the service is deemed complete and effective upon actual
Simply put, the issuance of the notices by the post office is not
receipt by the addressee as shown by the registry return card.
equivalent to delivery to and receipt by the addressee of the
Thus, between the registry return card and said written note, the former
registered mail. Thus, there is no proof of completed
commands more weight. Not only is the former considered as the official
constructive service of the Labor Arbiter's decision on
record of the court, but also as such, it is presumed to be accurate unless
respondents.
proven otherwise, unlike a written note or record of a party, which is often selfserving and easily
Jose Mel Bernarte vs. PBA, et al., G.R. No. 192084, September 14, 2011
fabricated. Further, this error on the part of the secretary of
RULES OF COURT
the petitioners' former counsel amounts to negligence or incompetence in
GUIDELINE
record-keeping, which is not an excuse for the delay of filing.
We thus take this opportunity to clarify that under Section
Sps. De la Cruz vs. Ramiscal, G.R. No. 137882, February 4, 2005
11, Rule 13 of the 1997 Rules of Civil Procedure, personal
RULES OF COURT
service and filing is the general rule, and resort to other
RULES
modes of service and filing, the exception.
The date of filing is determinable from two sources: from the post office
Marcelino Domingo vs. Court of Appeals, et al., G.R. No. 169122,
February 2, 2010;City of Dumaguete vs. Phil. Ports Authority, G.R. No.
168973, August 24, 2011
RULES OF COURT
GUIDELINE
Henceforth, whenever personal service or filing is practicable, in
light of the circumstances of time, place and person, personal
service or filing is mandatory.
Only when personal service or filing is not practicable may resort to
other modes be had, which must then be accompanied by a
written explanation as to why personal service or filing was not
practicable to begin with. In adjudging the plausibility of an
explanation, a court shall likewise consider the importance of the
subject matter of the case or the issues involved therein, and the
prima facie merit of the pleading sought to be expunged for
violation of Section 11.
RULES OF COURT
POINTER
RULE 13 must be read with RULE 22 (Computation of
Time)
Section 1 - .the day of the act or event from which the
designated period of time begins to run is to be exclued
and the date of performance included. If the last day of the
period, as thus computed falls on a saturday or sunday, or
a legal holiday in the place where the court sits, the time
shall not run until the next working day.
Section 2 - Effect of Interruprion
RULES OF COURT
RULE 14. SUMMONS
GENERAL RULE: Personal service of summons is preferred over substituted service.
EXCEPTION: Only if the former cannot be made promptly may the process server
resort to the latter. Moreover, the proof of service of summons must (a) indicate the
impossibility of service of summons within a reasonable time; (b) specify the efforts
exerted to locate the defendant; and (c) state that the summons was served upon a
person of sufficient age and discretion who is residing in the address, or who is in
charge of the office or regular place of business, of the defendant. It is likewise
required that the pertinent facts proving these circumstances be stated in the proof of
service or in the officer's return. The failure to comply faithfully, strictly and fully with all
the foregoing requirements of substituted service renders the service of summons
ineffective.
Air Materiel Wing Savings, et al. vs. Luvin S. Manay, et al., G.R. No. 175338, October 9, 2007
RULES OF COURT
RULES
In an action in personam, personal service of summons or,
if this is not possible and he cannot be personally served,
substituted service, as provided in Section 7, Rule 14 of the
Rules of Court, is essential for the acquisition by the court
of jurisdiction over the person of a defendant who does
not voluntarily submit himself to the authority of the court.
Victoria Regner vs. Cynthia R. Logarta, et al., G.R. No. 168747, October
19, 2007
RULES OF COURT
RULES
Substituted service derogates the regular method of personal service. It is
therefore required that statutory restrictions for effecting substituted
service must be strictly, faithfully and fully observed.
Failure to comply with this rule renders absolutely void the substituted
service along with the proceedings taken thereafter. The underlying
principle of this rigid requirement is that the person, to whom the orders,
notices or summons are addressed, is made to answer for the
consequences of the suit even though notice of such action is made, not
upon the party concerned, but upon another whom the law could only
presume would notify such party of the pending proceedings.
FEU-NRMF, et al. vs. FEU-NRMFEA-AFW, G.R. No. 168362, October 16, 2006
RULES OF COURT
REQUIREMENTS TO EFFECT A VALID SUBSTITUTED SERVICE
Impossibility of Prompt Personal Service
Specific Details in the Return
A Person of Suitable Age and Discretion
A Competent Person in Charge
RULES OF COURT
WHO IS A PERSON OF SUITABLE AGE AND DISCRETION
A person of suitable age and discretion is one who has
attained the age of full legal capacity (18 years old) and is
considered to have enough discernment to understand the
importance of a summons. "Discretion" is defined as "the
ability to make decisions which represent a responsible
choice and for which an understanding of what is lawful,
right or wise may be presupposed".
RULES OF COURT
WHO IS A PERSON OF SUITABLE AGE AND DISCRETION
Thus, to be of sufficient discretion, such person must know how to read and
understand English to comprehend the import of the summons, and fully realize
the need to deliver the summons and complaint to the defendant at the earliest
possible time for the person to take appropriate action.
Thus, the person must have the "relation of confidence" to the defendant,
ensuring that the latter would receive or at least be notified of the receipt of the
summons.
The sheriff must therefore determine if the person found in the alleged dwelling
or residence of defendant is of legal age, what the recipient's relationship with
the defendant is, and whether said person comprehends the significance of the
receipt of the summons and his duty to immediately deliver it to the defendant
or at least notify the defendant of said receipt of summons. These matters must
be clearly and specifically described in the Return of Summons.
RULES OF COURT
COMPETENT PERSON IN CHARGE
If the substituted service will be done at defendant's office or regular
place of business, then it should be served on a competent person in
charge of the place.
Thus, the person on whom the substituted service will be made must be
the one managing the office or business of defendant, such as the
president or manager; and such individual must have sufficient
knowledge to understand the obligation of the defendant in the
summons, its importance, and the prejudicial effects arising from
inaction on the summons. Again, these details must be contained in the
Return.
Constantino A. Pascual vs. Lourdes S. Pascual, G.R. No. 171916, December 4, 2009
RULES OF COURT
RULES
Considering that private respondent was temporarily
out of the country, the summons and complaint may
be validly served on her through substituted service
under Section 7, Rule 14 of the Rules of Court . . . .
Leah Palma vs. Danilo P. Galvez, et al., G.R. No.
165273, March 10, 2010 citing Montalban v. Maximo,
No. L-22997, March 15, 1968
RULES OF COURT
RULES
Under said rule, personal service and filing of pleadings and other papers is a mandatory
mode, especially when the peculiar circumstances of the case such as the proximity of the
office of a party's counsel to the court or to the office of the opposing party's counsel
make such mode practicable. If another mode is employed, there must be attached to the
pleading or paper, a written explanation of such recourse.
Omission of a written explanation will give the court cause to expunge the pleading or
paper not personally served or filed. And ordinarily, such exercise of discretion by the court
will not be overruled on appeal, except when: a) on the face of the affidavit of service, it is
patent that personal service and filing is impractical, such as when the parties or their
counsels live in different provinces; b) there is prima facie merit in the pleading or paper
expunged; and c) the issue raised therein is of substantial importance. Under these
exceptional circumstances the lack of written explanation may be excused and the
pleading or paper served or filed, accepted.
Alex M. Cadornigara vs. National Labor Relations Commission, et al., G.R. No. 158073,
November 23, 2007;Sps. Julian, Sr. and
Leonila Santiago, et al. vs. BPI, G.R. No. 163749, September 26, 2008
RULES OF COURT
SERVICE OF SUMMONS ON CORPORATIONS
Service of summons on a domestic corporation is
restricted, limited and exclusive to the persons
enumerated in Section 11, Rule 14 of the 1997 Rules of
Civil Procedure, following the rule in statutory construction
that expressio unios est exclusio alterius.
DOLE Phil., Inc. (Tropifresh Division) vs. Reinato G. Quilala, et al., G.R. No. 168723, July 9,
2008
RULES OF COURT
SERVICE ON FOREIGN JURIDICAL ENTITY
This Court declared in Pioneer International, Ltd. v. Guadiz, Jr. (G.R. No. 156848,
October 11, 2007) that when the defendant is a foreign juridical entity, service of
summons may be made upon:
1. Its resident agent designated in accordance with law for that purpose;
2. The government official designated by law to receive summons if the
corporation does not have a resident agent; or,
3. Any of the corporation's officers or agents within the Philippines.
Atiko Trans, Inc., et al. vs. Prudential Guarantee and Assurance, Inc., G.R. No. 167545, August
17, 2011
RULES OF COURT
SC ADMIN CIRCULAR : IF FOREIGN PRIVATE ENTITY
Foreign private juridical entity not registered in the
Philippines or has no resident agent
1.Personal Service Coursed through the appropriate
court in the foreign country with assistance of the
DFA
2.Publication once in a newspaper of general
circulation in the country where defendant may be
found
RULES OF COURT
SC ADMIN CIRCULAR : IF FOREIGN PRIVATE ENTITY
3. By facsimile or any recognized electronic means that
could generate proof of service
4. Other means as the court may in its discretion effect
RULES OF COURT
IF DEFENDANT IS A PUBLIC CORPORATION; REPUBLIC OF THE PHILS.
SECTION 13. Service upon public corporations. When
the defendant is the Republic of the Philippines, service
may be effected on the Solicitor General; in case of a
province, city or municipality, or like public corporations,
service may be effected on its executive head, or on such
other officer or officers as the law or the court may direct.
(15)
RULES OF COURT
IF DEFENDANT IS UNKNOWN
SECTION 14. Service upon defendant whose identity or
whereabouts are unknown. In any action where the
defendant is designated as an unknown owner, or the like,
or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of
court, be effected upon him by publication in a newspaper
of general circulation and in such places and for such time
as the court may order. (16a)
RULES OF COURT
RULE 14, SEC. 15 - EXTRATERRITORIAL SERVICE
Service of summons on a non-resident defendant must be in accordance
with Section 15, Rule 14 of the Rules of Court. Such service, to be
effective outside the Philippines, must be made either (1) by personal
service; (2) by publication in a newspaper of general circulation in such
places and for such time as the court may order, in which case a copy of
the summons and order of the court should be sent by registered mail
to the last known address of the defendant; or (3) in any other manner
which the court may deem sufficient. The third mode, like the first two,
must be made outside the Philippines, such as through the Philippine
Embassy in the foreign country where defendant resides.
Victoria Regner vs. Cynthia R. Logarta, et al., G.R. No. 168747, October 19, 2007
RULES OF COURT
WHEN IS EXTRAJUDICIAL SERVICE ALLOWED?
Extrajudicial service of summons apply only where the action is in
rem, that is, an action against the thing itself instead of against
the person, or in an action quasi in rem, where an individual is
named as defendant and the purpose of the proceeding is to
subject his interest therein to the obligation or loan burdening
the property. The rationale for this is that in in rem and quasi in
rem actions, jurisdiction over the person of the defendant is not
a prerequisite to confer jurisdiction on the court provided that
the court acquires jurisdiction over the res.
Erlinda R. Velayo-Fong vs. Sps. Raymond and Maria Hedy Velayo, G.R. No. 155488,
December 6, 2006
RULES OF COURT
IF DEFENDANT IS NOT FOUND IN THE PHILIPPINES
As a rule, when the defendant does not reside and is not found in the Philippines, Philippine
courts cannot try any case against him because of the impossibility of acquiring jurisdiction
over his person unless he voluntarily appears in court. But when the case is one of actions
in rem or quasi in rem enumerated in Section 15, Rule 14 of the Rules of Court, Philippine
courts have jurisdiction to hear and decide the case. In such instances, Philippine courts
have jurisdiction over the res, and jurisdiction over the person of the non-resident
defendant is not essential.
Actions in personam and actions in rem or quasi in rem differ in that actions in personam are
directed against specific persons and seek personal judgments. On the other hand, actions
in rem or quasi in rem are directed against the thing or property or status of a person and
seek judgments with respect thereto as against the whole world.
Margarita Romualdez-Licaros vs. LAbelardo icaros, G.R. No. 150656, April 29, 2003; Octavio
Alvarez vs. Augustus C. Diaz, et al., A.M. No. MTJ-00-1283, March 3, 2004
RULES OF COURT
RULE 14, SEC. 16 - RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES
In Montefalcon v. Vasquez (G.R. No. 165016, June 17, 2008), we said that
because Section 16 of Rule 14 uses the words "may" and "also," it is not
mandatory.
Other methods of service of summons allowed under the Rules may also be
availed of by the serving officer on a defendant-resident who is temporarily
out of the Philippines. Thus, if a resident defendant is temporarily out of the
country, any of the following modes of service may be resorted to: (1)
substituted service set forth in section 7 (formerly Section 8), Rule 14; (2)
personal service outside the country, with leave of court; (3) service by
publication, also with leave of court; or (4) in any other manner the court may
deem sufficient.
Leah Palma vs. Danilo P. Galvez, et al., G.R. No. 165273, March 10, 2010
RULES OF COURT
PROOF OF SERVICE
SECTION 18.Proof of service. The proof of service of a summons shall be
made in writing by the server and shall set forth the manner, place, and date of
service; shall specify any papers which have been served with the process and the
name of the person who received the same; and shall be sworn to when made by
a person other than a sheriff or his deputy. (20)
SECTION 19.Proof of service by publication. If the service has been
made by publication, service may be proved by the affidavit of the printer, his
foreman or principal clerk, or of the editor, business or advertising manager, to
which affidavit a copy of the publication shall be attached, and by an affidavit
showing the deposit of a copy of the summons and order for publication in the
post office, postage prepaid, directed to the defendant by registered mail to his
last known address. (21)
RULES OF COURT
WHAT IF DEFENDANT VOLUNTARILY APPEARS?
SECTION 20. Voluntary appearance. The defendant's
voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss
of other grounds aside from lack of jurisdiction over the
person of the defendant shall not be deemed a voluntary
appearance. (23a)
RULES OF COURT
RULES
Courts acquire jurisdiction over the plaintiffs upon the filing of
the complaint, while jurisdiction over the defendants in a civil
case is acquired either through the service of summons upon
them in the manner required by law or through their voluntary
appearance in court and their submission to its authority.
A party who makes a special appearance in court challenging
the jurisdiction of said court based on the ground of invalid
service of summons is not deemed to have submitted himself to
the jurisdiction of the court
Allan C. Go vs. Mortimer F. Cordero, G.R. No. 164703, May 4, 2010
RULES OF COURT
VOLUNTARY APPEARANCE THRU A MOTION TO DISMISS?
[A] defendant who files a motion to dismiss, assailing the jurisdiction of
the court over his person, together with other grounds raised therein, is
not deemed to have appeared voluntarily before the court. What the
rule on voluntary appearance the first sentence of the above-quoted
rule means is that the voluntary appearance of the defendant in court
is without qualification, in which case he is deemed to have waived his
defense of lack of jurisdiction over his person due to improper service
of summons.
Edna Diago Lhuillier vs. British Airways, G.R. No. 171092, March 15, 2010, citing Garcia
v. Sandiganbayan, G.R. No. 170122, October 12, 2009
REMEDY: FILE MOTION TO DISMISS (ABUTANDI AD CAUTALEM)
RULES OF COURT
RULE 15. MOTIONS
A motion which does not meet the requirements of Sections 4 and 5 of
Rule 15 of the Rules of Court is considered a worthless piece of paper,
which the Clerk of Court has no right to receive and the trial court has
no authority to act upon.
Federico Pallada v. Regional Trial Court of Kalibo, Aklan, Br. 1, G.R. No. 129442, March 10,
1999; KKK Foundation, Inc. vs. Adelina Calderon-Bargas, et al., G.R. No. 163785,
December 27, 2007
RULES OF COURT
REQUIREMENTS ARE NECESSARY
The requirements in Sections 4 and 6, Rule 15 of the Rules
of Court on notice of hearing and proof of service thereof
to the adverse party, far from being merely technical and
procedural, are necessary elements of procedural due
process.
Office of the Court Administrator vs. Augustine A. Vestil, A.M. Nos.
RTJ-06-2030 & RTJ-07-2032, October 5, 2007 also
RULES OF COURT in situations and under circumstances of emergency; and an exception to a rule requiring notice
NOTICE OF HEARING REQUIREMENT is
As may be gleaned (from Section 14 of Rule 15) and as held time and sometimes made where notice or the resulting delay might tend to defeat the objection of the
again, the notice requirement in a motion is mandatory. As a rule, a motion."
motion without a Notice of Hearing is considered pro forma and does RULES OF COURT
not affect the reglementary period for the appeal or the filing of the OMNIBUS MOTION
requisite pleading. SECTION 8.Omnibus motion. Subject to the provisions of
Gliceria Sarmiento vs. Emerita Zaratan, G.R. No. 167471, February 5, 2007;Annie Tan Section 1 of Rule 9, a motion attacking a pleading, order,
vs. Court of Appeals, G.R. No. 130314, September 22, 1998 judgment, or proceeding shall include all objections then
RULES OF COURT available, and all objections not so included shall be
EXCEPTION: deemed waived. (8a)
Yet, again, there were previous cases with peculiar circumstances that had compelled us RULES OF COURT
to liberally apply the rules on notice of hearing and recognize substantial compliance RATIONALE
with the same. Once such case is Philippine National Bank v. Paneda, (G.R. No. 149236, The spirit that surrounds the foregoing statutory norm is to
February 14, 2007) where we adjudged: Thus, even if the Motion may be defective for require the party filing a pleading or motion to raise all
failure to address the notice of hearing of said motion to the parties concerned, the available exceptions for relief during the single
defect was cured by the court's taking cognizance thereof and the fact that the adverse opportunity so that single or multiple objections may be
party was otherwise notified of the existence of said pleading. There is substantial avoided.
compliance with the foregoing rules if a copy of the said motion for reconsideration was Librada M. Aquino vs. Ernest S. Aure, G.R. No. 153567, February 18, 2008
furnished to the counsel of herein private respondents. In the present case, records RULES OF COURT
reveal HOW ?
that the notices in the Motion were addressed to the respective counsels of the private True, the Omnibus Motion Rule requires the movant to raise all
respondents and they were duly furnished with copies of the same as shown by the available exceptions in a single opportunity to avoid multiple
receipts signed by their staff or agents. Consequently, the Court finds that the piecemeal objections. But to apply that statutory norm, the objections
petitioner substantially complied with the pertinent provisions of the Rules of Court must have been available to the party at the time the Motion was filed.
and existing jurisprudence on the requirements of motions and pleadings. PH Credit Corporation vs. Court of Appeals and Carlos M. Farrales, G.R. No. 109648,
City of Dumaguete vs. Phil. Ports Authority, G.R. No. 168973, August 24, 2011 November 22, 2001;Emilio S. Young vs. John Keng Seng, G.R. No. 143464, March 5,
RULES OF COURT 2003
QUESTION: RULES OF COURT
Does a motion for extension of time to plead or file an MOTION
answer require a Notice of Hearing? SECTION 9. Motion for leave. A motion for leave to file a
RULES OF COURT pleading or motion shall be accompanied by the pleading
[A.M. NO. RTJ-07-2044. JUNE 22, 2011.], FORMERLY OCA I.P.I. NO. 07-2553-RTJ) or motion sought to be admitted. (n)
ATTY. FACUNDO T. BAUTISTA, COMPLAINANT, VS. JUDGE BLAS O. CAUSAPIN, JR., SECTION 10. Form. The Rules applicable to pleadings
PRESIDING JUDGE, REGIONAL TRIAL shall apply to written motions so far as concerns caption,
COURT, BRANCH 32, GUIMBA, NUEVA ECIJA, RESPONDENT. designation, signature, and other matters of form. (9a)
In Amante v. Suga, the Court declared that: RULES OF COURT
The motion for extension of time within which a party may plead is not a litigated motion where RULE 16: MOTION TO DISMISS
notice to the adverse party is necessary to afford the latter an opportunity to resist the WHEN ?
application, WHAT ARE THE GROUNDS?
but an ex parte motion "made to the court in behalf of one or the other of the parties to the WHAT ARE THE EFFECTS?
action, RULES OF COURT
in the absence and usually without the knowledge of the other party or parties." As "a general MOTION TO DISMISS
rule, WHEN?
notice of motion is required where a party has a right to resist the relief sought by the motion Within the time for but before the answer to the complaint
and or pleading asserting a claim (Rule 16, section 16).
principles of natural justice demand that his rights be not affected without an opportunity to be GROUNDS TO FILE?
heard. RULES OF COURT
. . ." GROUNDS FOR FILING A MOTION TO DISMISS
It has been said that "ex parte motions are frequently permissible in procedural matters, and NO JURISDICTION OVER THE PERSON OF THE
DEFENDING PARTY. (Note in relation to Rule 14/ affirmative defenses, or to file a motion to dismiss
Summons) raising any of the grounds set forth in Section 1, Rule 16
COURT HAS NO JURISDICTION OVER THE SUBJECT of the Rules are procedural options which are not
MATTER OF THE CLAIM mutually exclusive of each other.
VENUE IS IMPROPERLY LAID (Note in relation to Rule 4) Associated Bank vs. Sps. Justiniano, Sr. and Ligaya Montano, et al.,
PLAINTIFF HAS NO LEGAL CAPACITY TO SUE (Note in G.R. No. 166383, October 16, 2009
relation to Rule 2 and 3) RULES OF COURT
RULES OF COURT LITIS PENDENTIA
GROUNDS For litis pendentia to lie as a ground for a motion to dismiss, the
THERE IS ANOTHER ACTION PENDING BETWEEN THE following requisites must be present: (1) that the parties to the action
SAME PARTIES FOR THE SAME CAUSE (LIS PENDENS) are the same; (2) that there is substantial identity in the causes of
THAT THE CAUSE OF ACTION IS BARRED BY PRIOR action and reliefs sought; and (3) that the result of the first action is
JUDGMENT (RES JUDICATA ) determinative of the second in any event and regardless of which
STATUTE OF LIMITATIONS (PRESCRIPTION) party is successful.
PLEADING STATES NO CAUSE OF ACTION (Note in Forum shopping exists where the elements of litis pendentia are present
relation to Rule 2) or where a final judgment in one case will amount to res judicata in
RULES OF COURT the other. This situation is not present here.
GROUNDS DBP vs. Sps. Gatal, G.R. No. 138567, March 4, 2005
CLAIM HAS BEEN PAID, WAIVED, ABANDONED OR RULES OF COURT
OTHERWISE EXTINGUISHED MORE APPROPRIATE ACTION TEST
CLAIM IS UNENFORCEABLE UNDER THE STATUTE OF The "more appropriate action test" considers the
FRAUDS (Note Article 1403 [par 2]) real issue raised by the pleadings and the
CONDITIONS PRECEDENT TO FILING HAS NOT BEEN ultimate objective of the parties; the more
COMPLIED WITH appropriate action is the one where the real
RULES OF COURT issues raised can be fully and completely settled.
WHEN DO YOU FILE (GENERAL RULE) RULES OF COURT
The period to file a motion to dismiss depends ANTICIPATORY TEST
upon the circumstances of the case. Section 1 of In the "anticipatory test", the bona fides or good faith of the parties is the
Rule 16 of the Rules of Court requires that, in critical element. If the first suit is filed merely to preempt the later action or to
general, a motion to dismiss should be filed anticipate its filing and lay the basis for its dismissal, then the first suit should
within the reglementary period for filing a be dismissed.
responsive pleading. Thus, a motion to dismiss Under this established jurisprudence on litis pendentia, the following
alleging improper venue cannot be entertained considerations predominate in the ascending order of importance in
unless made within that period. determining which action should prevail: (1) the date of filing, with preference
RULES OF COURT generally given to the first action filed to be retained; (2) whether the action
EXCEPTION sought to be dismissed was filed merely to preempt the later action or to
However, even after an answer has been filed, the Court has anticipate its filing and lay the basis for its dismissal; and (3) whether the
allowed a defendant to file a motion to dismiss on the following action is the appropriate vehicle for litigating the issues between the parties.
grounds: (1) lack of jurisdiction, (2) litis pendentia, (3) lack of cause Dotmatrix Trading vs. Rommel B. Legaspi, G.R. No. 155622, October 26, 2009
of action, and (4) discovery during trial of evidence that would RULES OF COURT
constitute a ground for dismissal. Except for lack of cause of action Under Section 5 of Rule 16, dismissals under paragraphs
or lack of jurisdiction, the grounds under Section 1 of Rule 16 may (f), (h), and (i) of Section 1 of Rule 16 of the Rules of Court
be waived. If a particular ground for dismissal is not raised or if no constitute res judicata.
motion to dismiss is filed at all within the reglementary period, it is Sps. Isidro and Lea Cruz vs. Sps. Florencio and Amparo Caraos, et al.,
generally considered waived under Section 1, Rule 9 of the Rules. G.R. no. 138208, April 23, 2007
Felizardo S. Obando, et al. vs. Eduardo F. Figueras, et al., G.R. No. 134854, January RULES OF COURT
18, 2000 THAT THE PLEADING ASSERTING THE CLAIM STATES NO CAUSE OF ACTION
RULES OF COURT There is a distinction between a motion to dismiss for failure
FILE THE ANSWER OR MOTION TO DISMISS ? of the complainant to state a cause of action and a motion
The option of whether to set the case for preliminary to dismiss based on lack of cause of action. The first is
hearing after the filing of an answer which raises governed by Rule 16, Section 1 (g), while the second by
Rule 33 of the Rules of Court.
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corp., G.R. No. 172242,
August 14, 2007;Manila Banking Corp. vs. University of Baguio, Inc., et
al., G.R. No. 159189, February 21, 2007
RULES OF COURT
DISTINCTIONS BETWEEN DEMURRER (RULE 33) AND MOTION TO DISMISS (RULE 16)
A motion to dismiss based on lack of cause of action is filed by the
defendant after the plaintiff has presented his evidence on the
ground that the latter has shown no right to the relief sought. While
a motion to dismiss under Rule 16 is based on preliminary
objections which can be ventilated before the beginning of the trial.
A motion to dismiss under Rule 33 is in the nature of a demurrer to
evidence on the ground of insufficiency of evidence and is
presented only after the plaintiff has rested his case.
Melissa Domondon vs. Judge Percival Mandap Lopez, A.M. No. RTJ-02-1696, June
20, 2002
RULES OF COURT
CAVEAT
In a motion to dismiss due to failure to state a cause of action, the trial court can
consider all the pleadings filed, including annexes, motions and the evidence
on record. However in so doing, the trial court does not rule on the truth or
falsity of such documents. It merely includes such documents in the
hypothetical admission. Any review of a finding of lack of cause of action
based on these documents would not involve a calibration of the probative
value of such pieces of evidence but would only limit itself to the inquiry of
whether the law was properly applied given the facts and these supporting
documents. Therefore, what would inevitably arise from such a review are
pure questions of law, and not questions of fact.
China Road and Bridge Corporation vs. Court of Appeals, et al., G.R. No. 137898, December
15,
2000
RULES OF COURT
EFFECTS
It is a settled rule that an Order denying a motion to
dismiss is merely interlocutory and, therefore, not
appealable, nor can it be subject of a petition for review on
certiorari. Such order may only be reviewed in the ordinary
course of law by an appeal from the judgment after trial.
The ordinary procedure to be followed in that event is to
file an answer, go to trial, and if the decision is adverse,
reiterate the issue on appeal from the final judgment.
Roberto S. Benedicto, et al. vs. Manuel Lacson, et al., G.R. No. 141508, May 5, 2010
RULES OF COURT
PLEADING GROUNDS AS AFFIRMATIVE DEFENSES
SEC. 6. Pleading grounds as affirmative defenses. If no
motion to dismiss has been filed, any of the grounds for
dismissal provided for in this Rule may be pleaded as an
affirmative defense in the answer and, in the discretion of the
court, a preliminary hearing may be had thereon as if a
motion to dismiss had been filed.
The dismissal of the complaint under this section shall be
without prejudice to the prosecution in the same or separate
action of a counterclaim pleaded in the answer.
RULES OF COURT
RULE 17. DISMISSAL OF ACTIONS
SECTION 1. Dismissal upon notice by plaintiff. A complaint may be
dismissed by the plaintiff by filing a notice of dismissal at any time
before service of the answer or of a motion for summary judgment.
Upon such notice being filed, the court shall issue an order confirming
the dismissal. Unless otherwise stated in the notice, the dismissal is
without prejudice, except that a notice operates as an adjudication
upon the merits when filed by a plaintiff who has once dismissed in a
competent court an action based on or including the same claim. (1a)
RULES OF COURT
DISMISSAL BY PLAINTIFF
There are two ways by which an action may be dismissed upon the instance of the
plaintiff.
First, dismissal is a matter of right when a notice of dismissal is filed by the
plaintiff before an answer or a motion for summary judgment has been served
on him by the defendant.
Second, dismissal is discretionary on the court when the motion for the dismissal
of the action is filed by the plaintiff at any stage of the proceedings other than
before service of an answer or a motion for summary judgment. While the
dismissal in the first mode takes effect upon the mere notice of plaintiff without
need of a judicial order, the second mode requires the authority of the court
before dismissal of the case may be effected. This is so because in the dismissal
of an action, the effect of the dismissal upon the rights of the defendant should
always be taken into consideration.
RULES OF COURT
RULE 17: DISMISSAL OF ACTIONS
It is mandatory that the trial court issue an order confirming such
dismissal (upon notice of plaintiff) and, unless otherwise stated
in the notice, the dismissal is without prejudice and could be
accomplished by the plaintiff through mere notice of dismissal,
and not through motion subject to approval by the court.
Dismissal is ipso facto upon notice, and without prejudice unless
otherwise stated in the notice.
Frederick Dael vs. Sps. Benedicto and Vilma Beltran, G.R. No. 156470, April 30,
2008
RULES OF COURT
DISMISSAL DUE TO FAULT OF PLAINTIFF
The rules contemplate certain instances where the complaint may be
dismissed due to the plaintiff's fault: (1) if he fails to appear during a
scheduled trial, especially on the date for the presentation of his
evidence in chief; (2) if he fails to prosecute his action for an
unreasonable length of time; (3) if he fails to comply with the rules or
any order of the court; or, (4) where the plaintiff fails to appear when so
required at the pre-trial.
BPI vs. Court of Appeals, G.R. No. 117385, February 11, 1999
RULES OF COURT
MODES OF DISCOVERY
PURPOSE: The deposition-discovery procedure simply advances the stage at
which the disclosure can be compelled from the time of trial to the period
preceding it, thus reducing the possibility, of surprise . . . .
The use of discovery is encouraged, for it operates with desirable flexibility
under the discretionary control of the trial court. Under statutes and
procedural rules, the trial court enjoys considerable leeway in matters
pertaining to discovery, and the exercise of such discretion will not be set
aside in the absence of abuse, or unless the trial court's disposition of matters
of discovery was improvident and affected the substantial rights of the parties.
[G.R. No. 110495. January 29, 1998.],PRODUCERS BANK OF THE PHILIPPINES, petitioner,
vs.
THE HON. COURT OF APPEALS, (TENTH DIVISION), HON. JESUS O. IBAY, Presiding Judge
of
Branch 30, Regional Trial Court of Manila, and STATE INVESTMENT HOUSE, INC., respondent
RULES OF COURT
ADVANTAGES OF MODES BEFORE TRIAL
A mode of discovery resorted to before trial, deposition has
advantages, as follows:
1. It is of great assistance in ascertaining the truth and in checking and
preventing perjury.
2. It is an effective means of detecting and exposing false, fraudulent,
and sham claims and defenses.
3. It makes available in a simple, convenient, and often inexpensive
way facts which otherwise could not have been proved, except with
great difficulty and sometimes not at all.
RULES OF COURT
MODES OF DISCOVERY
4. It educates the parties in advance of trial as to the real value of
their claims and defenses, thereby encouraging settlements out
of court.
5. It expedites the disposal of litigation, saves the time of the
courts, and clears the docket of many cases by settlements
and dismissals which otherwise would have to be tried.
6. It safeguards against surprise at the trial, prevents delays, and
narrows and simplifies the issues to be tried, thereby expediting
the trial.
7. It facilitates both the preparation and the trial of cases.
RULES OF COURT
MODES OF DISCOVERY RULES OF COURT
1. Depositions pending action (R.23)
2. Depositions before action or pending appeal (R.24)
3. Interrogatories to Parties (R.25)
4. Admission by adverse party (R.26)
5. Production or Inspection of documents, or things (R.27)
6. Physical and Mental Examination of Persons (R.28)
RULES OF COURT
DEPOSITION DEFINED
The term "deposition" is sometimes used in a broad sense to describe any
written statement verified by oath. In its more technical and appropriate
sense, the meaning of the word is limited to written testimony of a witness
given in the course of a judicial proceeding in advance of the trial or
hearing upon oral examination. A deposition is the testimony of a witness,
put or taken in writing, under oath or affirmation, before a commissioner,
examiner or other judicial officer, in answer to interlocutory and crossinterlocutory, and usually
subscribed by the witnesses.
[G.R. No. 153667. August 11, 2005.],AYALA LAND, INC., petitioner, vs.
HON. LUCENITO N. TAGLE, in his capacity as Presiding Judge, RTC-Imus,
Branch 20, ASB REALTY CORP., and E. M. RAMOS & SONS, INC.,
respondents.
RULES OF COURT
IF DEPOSITION IS NOT SIGNED
A deponent's signature to the deposition is not in all events
indispensable since the presence of signature goes primarily to
the form of deposition.
The requirement that the deposition must be examined and
signed by the witness is only to ensure that the deponent is
afforded the opportunity to correct any errors contained therein
and to ensure its accuracy. In any event, the admissibility of the
deposition does not preclude the determination of its probative
value at the appropriate time. The admissibility of evidence
should not be equated with weight of evidence.
RULES OF COURT
WHEN TO TAKE DEPOSITIONS
A deposition may be taken at any time after the institution of any action,
whenever necessary or convenient. . . . Depositions pending action may
be conducted by oral examination or written interrogatories, and may
be taken at the instance of any party, with or without leave of court.
Leave of court is not necessary to take a deposition after an answer to
the complaint has been served. It is only when an answer has not yet
been filed (but jurisdiction has been obtained over any defendant or
over property subject of the action) that prior leave of court is required.
The reason for this is that before filing of the answer, the issues are not
yet joined and the disputed facts are not clear.
RP vs. Sandiganbayan, [G.R. No. 112710. May 30, 2001.]
TEXT
SCOPE OF INTERROGATORIES
the deponent may be examined regarding any
matter, not privileged, which is relevant to the subject
matter involved in the pending action, whether
relating to the claim or defense of the examining
party, or to the claim or defense of any other party."
TEXT
RULE
Depositions are principally made available by law to
the parties as a means of informing themselves of all
the relevant facts; they are not therefore generally
meant to be a substitute for the actual testimony in
open court of a party or witness. The deponent must
as a rule be presented for oral examination in open
court at the trial or hearing. This is a requirement of
the rules of evidence. Section 1, Rule 132 of the
Rules of Court
TEXT
EXCEPTIONS:
However, depositions may be used without the deponent
being actually called to the witness stand by the
proponent, under certain conditions and for certain limited
purposes. These exceptional situations are governed by
Section 4, Rule 24 of the Rules of Court.
TEXT
EXCEPTIONS
The deposition of a witness, whether or not a party, may be used by any
party for any purpose if the court finds: (1) that the witness is dead; or (2)
that the witness if out of the province and at a greater distance than fifty
25 (50) kilometers from the place of trial or hearing, or is out of the
Philippines, unless it appears that his absence was procured by the party
offering the deposition; or (3) that the witness is unable to attend to testify
because of age, sickness, infirmity, or imprisonment; or (4) that the party
offering the deposition has been unable to procure the attendance of the
witness by subpoena; or (5) upon application and notice, that such
exceptional circumstances exist as to make it desirable, in the interest of
justice and with due regard to the importance of presenting the testimony
of witnesses orally in open court, to allow the deposition to be used;
TEXT
ADMISSION BY ADVERSE PARTY
As Concrete Aggregates Corporation v. Court of Appeals holds,
admissions by an adverse party as a mode of discovery
contemplates of interrogatories that would clarify and tend to
shed light on the truth or falsity of the allegations in a pleading,
and does not refer to a mere reiteration of what has already
been alleged in the pleadings; otherwise, it constitutes an utter
redundancy and will be a useless, pointless process which
petitioner should not be subjected to.
[G.R. No. 153204. August 31, 2005.],COMMISSIONER OF
INTERNAL REVENUE, petitioner, vs. MANILA MINING
CORPORATION, respondent.
TEXT
ADMISSION BY ADVERSE PARTY
SCENARIO: A party is served with a written request that he
admit: (1) the genuineness of any material and relevant
document described in and exhibited with the request, or (2)
the truth of any material and relevant matter of fact set forth in
the request.
[G.R. No. 131466. November 27, 1998.],CRISTINA DIMAN, CLARISSA
DIMAN, GEORGE DIMAN, FELIPE DIMAN and FLORINA DIMAN,
petitioners, vs. HON. FLORENTINO M. ALUMBRES, Presiding Judge,
Regional Trial Court, Las Pias, Branch 255; Heirs of VERONICA V.
MORENO LACALLE, represented by JOSE MORENO LACALLE,
respondent.
TEXT
ACTIONS TO BE TAKEN WITH WRITTEN INTERROGATORIES TO ADMIT
Party is bound within the period designated in the
request, to file and serve on the party requesting the
admission a sworn statement either (1) denying
specifically the matters of which an admission is
requested or (2) setting forth in detail the reasons why
he cannot truthfully either admit or deny those matters.
If the party served does not respond with such a sworn
statement, each of the matters of which an admission
is requested shall be deemed admitted.
TEXT
APPLICABLE MODE
The application of the rules on modes of discovery rests upon the sound
discretion of the court. In the same vein, the determination of the sanction
to be imposed upon a party who fails to comply with the modes of
discovery rests on the same sound judicial discretion. It is the duty of the
courts to examine thoroughly the circumstances of each case and to
determine the applicability of the modes of discovery, bearing always in
mind the aim to attain an expeditious administration of justice. It need not
be emphasized that upon the court's shoulders likewise rests the burden
of determining whether the response of the requested party is a specific
denial of the matters requested for admission.
[G.R. No. 102390. February 1, 2002.],REY LAADA, petitioner, vs. COURT
OF APPEALS and SPS. ROGELIO and ELIZA HEMEDEZ, respondents.
TEXT
OTHER IMPORTANT POINTS:
The Rules of Court explicitly provide that leave of court is not necessary to avail of
said modes of discovery after an answer to the complaint has been served. . . .
On the other hand, leave of court is required as regards discovery . . . in accordance
with Rule 27, or . . . under Rule 28, which may be granted upon due application and
a showing of due cause.
To ensure that availment of the modes of discovery is otherwise untrammeled and
efficacious, the 'law imposes serious sanctions on the party who refuses to make
discovery, such as dismissing the action or proceeding or part thereof, . . .; taking
the matters inquired into as established in accordance with the claim of the party
seeking discovery; refusal to allow the disobedient party support or oppose
designated claims or defenses; . . ..
TEXT
PRODUCTION OR INSPECTION
Rule 27 of the Revised Rules of Court permits "fishing" for
evidence, the only limitation being that the documents,
papers, etc., sought to be produced are not privileged,
that they are in the possession of the party ordered to
produce them and that they are material to any matter
involved in the action.
Solidbank Corp. vs. Gateway Electronics Corp., et al., G.R.
No. 164805, April 30, 2008
TEXT
MOTION FOR PRODUCTION OR INSPECTION
A more than cursory glance at the above text (section 1, Rule 27) would show that the
production or inspection of documents or things as a mode of discovery sanctioned
by the Rules of Court may be availed of by any party upon a showing of good cause
therefor before the court in which an action is pending. The court may order any
party: a) to produce and permit the inspection and copying or photographing of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, which are not privileged; which constitute or contain evidence TEXT
material to any matter involved in the action; and which are in his possession, custody NOTICE OF PRE-TRIAL
or control; or b) to permit entry upon designated land or other property in his SECTION 3. Notice of pre-trial. The notice of pre-trial
possession or control for the purpose of inspecting, measuring, surveying, or shall be served on counsel, or on the party who has no
photographing the property or any designated relevant object or operation thereon. counsel. The counsel served with such notice is charged
Air Phil. Corp. vs. Pennswell, Inc., G.R. No. 172835, December 13, 2007;Secretary of National with the duty of notifying the party represented by him.
Defense, et al. TEXT
vs. Raymond Manalo, et al., G.R. No. 180906, October 7, 2008 NOTICE REQUIREMENT
RULES OF COURT Under the pre-1997 Rules of Civil Procedure, a notice of
COVERAGE pretrial must be served separately on the counsel and the
Pre-Trial client. If served only on the counsel, the notice must
Intervention expressly direct the counsel to inform the client of the
Subpoena date, the time and the place of the pretrial conference.
Trial The absence of such notice renders the proceedings void,
TEXT and the judgment rendered therein cannot acquire
PRE -TRIAL finality and may be attacked directly or collaterally.
Concept of Pre-Trial Mariano de Guia vs. Ciriaco de Guia, G.R. No. 135384,
Nature and Purpose April 4, 2001
Notice of Pre-Trial TEXT
Appearance of parties; effect of failure to appear APPEARANCE OF PARTIES
Pre-Trial Brief; Effect of failure to file SECTION 4. Appearance of parties. It shall be
Alternative Dispute Resolution (ADR) the duty of the parties and their counsel to
TEXT appear at the pre-trial. The non-appearance of
PRE-TRIAL a party may be excused only if a valid cause is
Rule 18, sections 1-7 shown therefor or if a representative shall
TEXT appear in his behalf fully authorized in writing
CONCEPT OF PRE-TRIAL to enter into an amicable settlement, to submit
Pre-trial procedures facilitate the disposal of cases to alternative modes of dispute resolution, and
and shorten the formal trial by simplifying or limiting to enter into stipulations or admissions of facts
the issues and avoiding unnecessary proof of facts at and of documents. (n)
the trial. TEXT
Pre-trial cannot be taken for granted. It is not a mere NEED FOR A SPECIAL POWER OF ATTY.
technicality in court proceedings for it serves a vital The rules require that the party-litigant himself must
objective: the simplification, abbreviation and appear for pre-trial but if he chooses to be represented
expedition of the trial, if not indeed its dispensation. thereat, he should grant a special power of attorney to his
(UCPB vs. Magpayo, 429 SCRA, 675 [2004]) counsel or representative.
TEXT Harry Ang Ping vs. Court of Appeals, G.R. No. 126947, July
PURPOSE OF PRE-TRIAL 15, 1999
SECTION 2. Nature and purpose. The pre-trial is mandatory. The court shall consider: TEXT
(a) The possibility of an amicable settlement or of a submission to alternative modes NEED FOR A SPECIAL POWER OF ATTY.
of dispute resolution; Noteworthy is the fact that Section 4, Rule 18 of the
(b) The simplification of the issues; 1997 Rules of Court is a new provision; and requires
(c) The necessity or desirability of amendments to the pleadings; nothing less than that the representative should
(d) The possibility of obtaining stipulations or admissions of facts and of documents to appear in a partys behalf fully authorized in writing to
avoid unnecessary proof; enter into an amicable settlement, to submit to
(e) The limitation of the number of witnesses; alternative modes of dispute resolution, and to enter
(f) The advisability of a preliminary reference of issues to a commissioner; into stipulations of facts and of documents.
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or United Coconut Planters Bank vs. Miguel "Mike"
of dismissing the action should a valid ground therefor be found to exist; Magpayo, G.R. No. 149908, May 27, 2004
(h) The advisability or necessity of suspending the proceedings; and TEXT
(i) Such other matters as may aid in the prompt disposition of the action. OBLIGATION TO APPEAR AND EFFECT FOR NON-APPEARANCE
 Under Rule 18, Section 4 of the 1997 Rules of Civil not to dispense with it. It is a devise essential to the speedy
Procedure, it is obligatory upon both a party and her disposition of disputes, and parties cannot brush it aside as a
counsel to appear at a pre-trial conference. The mere technicality. In addition, pre-trial rules are not to be belittled
failure of a party to appear at pre-trial, given its or dismissed, because their non-observance may result in
mandatory character, may cause her to be non-suited prejudice to a party's substantive rights. Like all rules, they should
or considered as in default. be followed except only for the most persuasive of reasons when
Nora E. Miwa vs. Rene O. Medina, A.C. No. 5854, they may be relaxed to relieve a litigant of an injustice not
September 30, 2003 commensurate with the degree of his thought[less]ness in not
TEXT complying with the procedure.
EFFECT OF FAILURE TO APPEAR Eufemia Balatico vda. de Agatep vs. Roberta L. Rodriguez, et al., G.R.
SECTION 5. Effect of failure to appear. The No. 170540, October 28, 2009
failure of the plaintiff to appear when so TEXT
required pursuant to the next preceding SERVICE OF PRE-TRIAL BRIEF
section shall be cause for dismissal of the Section 6, Rule 18 of the Rules of Court
action. The dismissal shall be with prejudice, mandates that parties shall file with the court
unless otherwise ordered by the court. A and serve on the adverse party their pre-trial
similar failure on the part of the defendant briefs at least three days before the scheduled
shall be cause to allow the plaintiff to present pre-trial. The Rules also provide that failure to
his evidence ex parte and the court to render file the pre-trial brief shall have the same effect
judgment on the basis thereof. as failure to appear at the pre-trial.
TEXT Republic of the Philippines vs. Ildefonso T. Oleta,
PRESENTATION OF EVIDENCE EX-PARTE G.R. No. 156606, August 17, 2007
As the rule now stands, if the defendant fails to TEXT
appear for pre-trial, a default order is no longer RECORD OF PRE-TRIAL
issued. Instead, the trial court may allow the SECTION 7. Record of pre-trial. The proceedings in the
plaintiff to proceed with his evidence ex parte pre-trial shall be recorded. Upon the termination thereof,
and the court can decide the case based on the the court shall issue an order which shall recite in detail
evidence presented by plaintiff. the matters taken up in the conference, the action taken
Philippine American Life & General Insurance Co. thereon, the amendments allowed to the pleadings, and
vs. Joseph Enario, G.R. No. 182075, September the agreements or admissions made by the parties as to
15, 2010 any of the matters considered. Should the actsion proceed
TEXT to trial, the order shall explicitly define and limit the issues
PRE-TRIAL BRIEF to be tried. The contents of the order shall control the
SECTION 6. Pre-trial brief. The parties shall file with the court and serve on the adverse subsequent course of the action, unless modified before
party, in such manner as shall ensure their receipt thereof at least three (3) days before trial to prevent manifest injustice. (5a, R20)
the date of the pre-trial, their respective pre-trial briefs which shall contain, among TEXT
others: ALTERNATIVE DISPUTE RESOLUTION
(a) A statement of their willingness to enter into amicable settlement or alternative In our jurisdiction, the policy is to favor alternative methods of
modes of dispute resolution, indicating the desired terms thereof; resolving disputes, particularly in civil and commercial disputes.
(b) A summary of admitted facts and proposed stipulation of facts; Arbitration along with mediation, conciliation, and negotiation, being
(c) The issues to be tried or resolved; inexpensive, speedy and less hostile methods have long been favored
(d) The documents or exhibits to be presented, stating the purpose thereof; by this Court. The petition before us puts at issue an arbitration clause
(e) A manifestation of their having availed or their intention to avail themselves of in a contract mutually agreed upon by the parties stipulating that they
discovery procedures or referral to commissioners; and would submit themselves to arbitration in a foreign country.
(f) The number and names of the witnesses, and the substance of their respective Regrettably, instead of hastening the resolution of their dispute, the
testimonies. parties wittingly or unwittingly prolonged the controversy.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pretrial. (n) KOREA TECHNOLOGIES CO., LTD., petitioner, vs. HON. ALBERTO A. LERMA, in his capacity
TEXT as Presiding
PURPOSE OF PRE-TRIAL BRIEF Judge of Branch 256 of Regional Trial Court of Muntinlupa City, and PACIFIC GENERAL STEEL
The pre-trial brief serves as a guide during the pre-trial MANUFACTURING CORPORATION, respondents.
conference so as to simplify, abbreviate and expedite the trial if TEXT
APPLICABLE LAWS A.M. 12-8-8 - SC
In RA 9285 or the "Alternative Dispute Resolution Act of Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu
2004," the Congress reiterated the efficacy of arbitration of direct testimonies
as an alternative mode of dispute resolution by stating in To be submitted 5 days before pre-trial or preliminary
Sec. 32 thereof that domestic arbitration shall still be conference
governed by RA 876. Failure to file shall be construed as a waiver and will not be
A contractual stipulation that requires prior resort to allowed to be offered to evidence
voluntary arbitration before the parties can go directly to TEXT
court is not illegal and is in fact promoted by the State. BINDING EFFECT OF ADMISSIONS DURING PRE-TRIAL
Thus, petitioner correctly cites several cases whereby Parties are bound by the admissions by their counsel at the
arbitration clauses have been upheld by this Court. pre-trial.
TEXT Courts should give credence to judicial admissions made
EFFECT OF NON-RESORT TO ARBITRATION already as opposed to contradictory evidence. Stipulation
In the event a case that should properly be the of facts during pre-trial are incontrovertible.
subject of voluntary arbitration is erroneously TEXT
filed with the courts or quasi-judicial agencies, PRE-TRIAL IS NOT A MERE TECHNICALITY
on motion of the defendant, the court or quasijudicial agency shall determine whether such Pre-trial is an essential device for the speedy disposition of
contractual provision for arbitration is sufficient disputes. Hence, parties cannot brush it aside as a mere
and effective. If in affirmative, the court or technicality. Where the pre-trial brief does not contain the
quasi-judicial agency shall then order the names of witnesses and the synopses of their testimonies as
enforcement of said provision. required by the Rules of Court, the trial court, through its pretrial order, may bar the witnesses
TEXT from testifying. However, an
EFFECT order allowing the presentation of unnamed witnesses may
Disputes do not go to arbitration unless no longer be modified during the trial, without the consent of
and until the parties have agreed to abide the parties affected.
by the arbitrator's decision. Necessarily, a Tiu vs. Middleton (1999)
contract is required for arbitration to take TEXT
place and to be binding. INTERVENTION
TEXT Requisites for intervention
EFFECT Time to intervene
As an alternative mode of settling disputes, has long been recognized Remedy for the denial of motion to intervene
and accepted in our jurisdiction. The Civil Code is explicit on the TEXT
matter. R.A. No. 876 also expressly authorizes arbitration of domestic APPLICABLE RULES
disputes. The pertinent rules are Sections 1 and 2, Rule 19 of the
Foreign arbitration, as a system of settling commercial disputes of an Rules of Court.
international character, was likewise recognized when the Philippines TEXT
adhered to the United Nations "Convention on the Recognition and WHAT IS INTERVENTION
the Enforcement of Foreign Arbitral Awards of 1958," under the 10 Intervention is a remedy by which a third party, not
May 1965 Resolution No. 71 of the Philippine Senate, giving reciprocal originally impleaded in the proceedings, becomes a
recognition and allowing enforcement of international arbitration litigant therein to enable him, her or it to protect or
agreements between parties of different nationalities within a preserve a right or interest which may be affected by such
contracting state. 34 The enactment of R.A. No. 9285 on 2 April 2004 proceedings.
further institutionalized the use of alternative dispute resolution Hi-Tone Marketing Corporation v. Baikal Realty Corporation, G.R. No.
systems, including arbitration, in the settlement of disputes. 149992, 20 August 2004, 437 SCRA 121, 139, citing Manalo v. Court
TEXT of Appeals, G.R. No. 141297, 8 October 2001, 366 SCRA 752, 766
NOTE (2001), which in turn cited First Philippine Holdings Corporation v.
SPECIAL RULES OF COURT ON ALTERNATIVE DISPUTE Sandiganbayan, 253 SCRA 30 (1996).
RESOLUTION TEXT
A.M. NO.07-11-08 -SC WHO AND WHEN TO INTERVENE
TEXT SEC. 1. Who may intervene. A person who has a legal interest in the matter in
JUDICIAL AFFIDAVIT RULE litigation, or in the success of either of the parties, or an interest against
both, or is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer thereof
may, with leave of court, be allowed to intervene in the action. The court
shall consider whether or not the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties, and whether or not the
intervenor's rights may be fully protected in a separate proceeding.
SEC. 2. Time to intervene. The motion to intervene may be filed at any time
before rendition of judgment by the trial court. A copy of the pleading-inintervention shall be
attached to the motion and served on the original
parties.
TEXT
FACTORS TO BE CONSIDERED
1. Legal Interest
2. Whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the
original parties;
2.Whether or not the intervenors rights may be fully
protected in a separate proceeding
TEXT
LEGAL INTEREST
The interest which entitles a person to intervene in a suit
must be on the matter in litigation and of such direct and
immediate character that the intervenor will either gain or
lose by the direct legal operation and effect of the
judgment.
TEXT
ILLUSTRATIVE EXAMPLE
A was married to B under Philippine law since 1968. A and B obtained a
divorce decree in the Dominican Republic and a complete dissolution
of conjugal partnership in the City of Manila in 1984.
A remarried in the US. C, the new wife of A however learned that
divorce decree in Dominican Republic is not recognized in Philippines.
A therefore initiated a petition for annulment of marriage in QC. C filed
a complaint for intervention. Does C have legal interest ?
TEXT
ELMAR PEREZ VS. CA,G.R. NO. 162580 (2006)
Legal interest, which entitles a person to intervene, must be in the
matter in litigation and of such direct and immediate character that the
intervenor will either gain or lose by direct legal operation and effect of the judgment.
Such interest must be actual, direct and material, and not simply
contingent and expectant. Petitioner claims that her status as the wife
and companion for 17 years vests her with the requisite legal interest
required of a would-be intervenor under the Rules of Court.
Petitioners claim lacks merit. Under the law, petitioner was never the
legal wife, hence her claim of legal interest has no basis
TEXT
JUDICIAL DISCRETION
The allowance or disallowance of a motion for intervention
rests on the sound discretion of the court after
consideration of the appropriate circumstances. It is not an
absolute right. The statutory rules or conditions for the
right of intervention must be shown. The procedure to
secure the right to intervene is to a great extent fixed by
the statute or rule, and intervention can, as a rule, be
secured only in accordance with the terms of the
applicable provision.
MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY vs. HEIRS of ESTANISLAO
MIOZA, G.R. No. 186045, (2011)
TEXT
REMEDY IF INTERVENTION IS DENIED
Where the lower court's denial of a motion for intervention
amounts to a final order, an appeal is the proper remedy,
as when the denial leaves the intervenor without further
remedy or resort to judicial relief.
TEXT
REMEDY IF INTERVENTION IS DENIED
However, it is also true that the Court has allowed the issuance of a writ
of certiorari when appeal does not afford a speedy and adequate
remedy in the ordinary course of law. As in the past, the Court has ruled
that the availability of an appeal does not foreclose recourse to the
ordinary remedies or certiorari or prohibition where appeal is not
adequate, equally beneficial, expeditious and sufficient.
Stated a
t
differently,
certiorari may be availed of where an appeal
would be slow,
inadequate and insufficient. The determination as to what exactly
constitutes plain, speedy and adequate remedy rests on judicial
discretion and depends on the particular circumstances of each case.
G.R. No. 160727. June 26, 2007.], UNION BANK OF THE PHILIPPINES,
petitioner, vs. DANILO L. CONCEPCION, respondent.
TEXT
CHARACTER AND REPLY
INTERVENTION is not compulsory but merely optional and
permissive.
NOTE Section 4 Rule 19 that, the Answer to the complaint
for intervention shall be filed within 15 days from notice of
the order admitting the same, unless a different period is
fixed by the Court.
TEXT
SUBPOENA (RULE 21)
Subpoena duces tecum
Subpoena ad testificandum
Service of subpoena
Compelling attendance of witnesses; contempt
Quashing of subpoena
TEXT
WHAT IS A SUBPOENA
A subpoena is a process directed to a person requiring
him to attend and to testify at the hearing or trial of an
action or at any investigation conducted under the laws of
the Philippines, or for the taking of his deposition.
TEXT
KINDS OF SUBPOENA
In this jurisdiction, there are two (2) kinds of subpoena, to
wit: subpoena ad testificandum and subpoena duces
tecum. The first is used to compel a person to testify, while
the second is used to compel the production of books,
records, things or documents therein specified. The
subpoena duces tecum is, in all respects, like the ordinary
subpoena ad testificandum with the exception that it
concludes with an injunction that the witness shall bring
with him and produce at the examination the books,
documents, or things described in the subpoena.
TEXT
RULE
Well-settled is the rule that before a subpoena duces
tecum may issue, the court must first be satisfied that the
following requisites are present: (1) the books, documents
or other things requested must appear prima facie relevant
to the issue subject of the controversy (test of relevancy);
and (2) such books must be reasonably described by the
parties to be readily identified (test of definiteness).
TEXT
RULE
In determining whether the production of the
documents described in a subpoena duces tecum
should be enforced by the court, it is proper to
consider, first, whether the subpoena calls for the
production of specific documents, or rather for
specific proof and secondly, whether that proof is
prima facie sufficiently relevant to justify enforcing its
production.
TEXT
RULE
A general inquisitorial examination of all the books, papers, and
documents of an adversary, conducted with a view to ascertain
whether something of value may not show up, will not be
enforced.
Well-settled is Our jurisprudence that, in order to entitle a party to
the issuance of a 'subpoena duces tecum,' it must appear, by clear
and unequivocal proof, that the book or document sought to be
produced contains evidence relevant and material to the issue
before the court, and that the precise book, paper or document
containing such evidence has been so designated or described
that it may be identified.
TEXT
FAILURE TO FOLLOW
Rule 21, SEC. 9. Contempt. Failure by any person
without adequate cause to obey a subpoena served upon
him shall be deemed a contempt of the court from which
the subpoena is issued. If the subpoena was not issued by
a court, the disobedience thereto shall be punished in
accordance with the applicable law or Rule.
TEXT
PROPER SERVICE
Under Section 6, Rule 21 of the Revised Rules of Court,
service of a subpoena shall be made in the same manner
as personal or substituted service of summons.
TEXT
QUASHING A SUBPOENA; HOW
Section 4, Rule 21 of the Rules of Civil Procedure, thus
provides:
SECTION 4. Quashing a subpoena. The court may quash a
subpoena duces tecum upon motion promptly made and, in any
event, at or before the time specified therein if it is unreasonable and
oppressive, or the relevancy of the books, documents or things does
not appear, or if the person in whose behalf the subpoena is issued
fails to advance the reasonable cost of the production thereof.
TEXT
REASONABLENESS AND RELEVANCE
Under the Rules of Court, the issuance of subpoenas,
including a subpoena duces tecum, operates under the
requirements of reasonableness and relevance. For the
production of documents to be reasonable and for the
documents themselves to be relevant, the matter under
inquiry should, in the first place, be one that the
Ombudsman can legitimately entertain, investigate and rule
upon.
Re: Subpoena Duces Tecum of Acting Director Aleu A. Amante, PIAB-C,
Office of the Ombudsman, A.M. No. 10-1-13-SC, March 2, 2010
TEXT
COMPELLING ATTENDANCE
A judge may issue a warrant of arrest against a witness
simply upon proof that the subpoena had been served
upon him but he failed to attend the hearing. The purpose
is to bring the witness before the court where his
attendance is required, not to punish him for contempt
which requires a previous hearing.
TEXT
TRIAL (RULE 30)
Notice of Trial
Adjournments and postponements
Requisites of motion to postpone trial
a) For absence of evidence
b) For illness of party or counsel
Agreed statement of facts
Order of trial; reversal of order
TEXT
TRIAL (RULE 30)
Consolidation or severance of hearing or trial
Delegation of reception of evidence
Trial by commissioners
a) Reference by consent or ordered on motion
b) Powers of the commissioner
c) Commissioners report; notice to parties and
hearing on the report
TEXT
WHAT IS TRIAL?
Trial includes all proceedings from the
time when issue is joined, or, more
usually, when the parties are called to
try their case in court, to the time of its
legal determination.
TEXT
ADJOURNMENTS AND POSTPONEMENTS
SECTION 2. Adjournments and postponements. A court may adjourn
a trial from day to day, and to any stated time, as the expeditious and
convenient transaction of business may require, but shall have no
power to adjourn a trial for a longer period than one month for each
adjournment, nor more than three months in all, except when
authorized in writing by the Court Administrator, Supreme Court.
TEXT
ADJOURNMENTS AND POSTPONEMENTS
SECTION 3. Requisites of motion to postpone trial for
absence of evidence. A motion to postpone a trial on the
ground of absence of evidence can be granted only upon
affidavit showing the materiality or relevancy of such
evidence, and that due diligence has been used to procure
it. But if the adverse party admits the facts to be given in
evidence, even if he objects or reserves the right to object
to their admissibility, the trial shall not be postponed.
TEXT
ADJOURNMENTS AND POSPONEMENTS
SECTION 4. Requisites of motion to postpone trial for
illness of party or counsel. A motion to postpone a trial
on the ground of illness of a party or counsel may be
granted if it appears upon affidavit or sworn certification
that the presence of such party or counsel at the trial is
indispensable and that the character of his illness is such
as to render his non-attendance excusable.
TEXT
ADJOURNMENTS AND POSTPONEMENTS
With respect to the adjournment of civil cases, attention might
be invited to Section 2, Rule 30, of the 1997 Rules of Civil
Procedure to the effect that a court "shall have no power to
adjourn a trial for a longer period than one month for each
adjournment, nor more than three months in all, except when
authorized in writing by the Court Administrator, Supreme Court.
" In the adjournment of criminal cases, Section 2, Rule 119, of
the Revised Rules on Criminal Procedure requires continuous
trial and any postponement may be made but only "for a
reasonable period of time."
TEXT
ADJOURMENTS AND POSTPONEMENTS
In considering motions for postponement of trials, or for new
trial, two circumstances should be taken into account by the
court, namely (1) the merits of the case of the movant and (2)
the reasonableness of the postponement or new trial.
(McEntee vs. Manotok, L-14968, October 27, 1961.)
There may be an accident, surprise or excusable neglect
justifying postponement or reconsideration , but if movant
does not present a meritorious claim or defense, denial of his
motion for postponement may not be considered as an abuse
of the discretion of the Court.
TEXT
RULE
Trials may be postponed because of the absence of
evidence only when such absence is justified.
Mere absence is not a justification in itself. It must be
shown to the court that due diligence had been
exercised in either securing the presence of the
evidence or preventing the absence thereof,
accompanied by an affidavit showing the materiality
of the evidence expected to be obtained.
TEXT
ORDER OF TRIAL
Section 5. Order of trial. Subject to the provisions of Section 2 of Rule
31, and unless the court for special reasons otherwise directs, the trial shall
be limited to the issues stated in the pre-trial order and shall proceed as
follows:
(a) The plaintiff shall adduce evidence in support of his complaint;
(b) The defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third-party complaint;
(c) The third-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim and fourth-party complaint;
TEXT
ORDER OF TRIAL
d) The fourth-party, and so forth, if any, shall adduce evidence of the material
facts pleaded by them;
(e) The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order to be
prescribed by the court;
(f) The parties may then respectively adduce rebutting evidence only, unless the
court, for good reasons and in the furtherance of justice, permits them to
adduce evidence upon their original case; and
(g) Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their
respective memoranda or any further pleadings.
TEXT
BURDEN OF PROOF
Under this rule, a party who has the burden of proof
must introduce, at the first instance, all the evidence
he relies upon and such evidence cannot be given
piecemeal. The obvious rationale of the requirement
is to avoid injurious surprises to the other party and
the consequent delay in the administration of justice.
Republic of the Phil. vs. Sandiganbayan, et al., G.R. No. 152375,
December 16, 2011
TEXT
RECEPTION OF EVIDENCE
SECTION 9. Judge to receive evidence; delegation to clerk of court.
The judge of the court where the case is pending shall personally
receive the evidence to be adduced by the parties. However, in default
or ex parte hearings, and in any case where the parties agree in writing,
the court may delegate the reception of evidence to its clerk of court
who is a member of the bar. The clerk of court shall have no power to
rule on objections to any question or to the admission of exhibits, which
objections shall be resolved by the court upon submission of his report
and the transcripts within ten (10) days from termination of the hearing.
(n)
TEXT
CONSOLIDATION AND SEVERANCE
Rule 31, Section 1. Consolidation. When actions
involving a common question of law or fact are pending
before the court, it may order a joint hearing or trial of any
or all the matters in issue in the actions; it may order all the
actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid
unnecessary costs or delay.
TEXT
A reading of Rule 31 of the Rules of Court easily lends itself to two
observations.
First, Rule 31 is completely silent on the effect/s of consolidation on
the cases consolidated; on the parties and the causes of action
involved; and on the evidence presented in the consolidated cases.
Second, while Rule 31 gives the court the discretion either to order
a joint hearing or trial, or to order the actions consolidated,
jurisprudence will show that the term "consolidation" is used
generically and even synonymously with joint hearing or trial of
several causes.
TEXT
COVERAGE AND CLASSES OF CONSOLIDATION
(1) Where all except one of several actions are stayed until one is
tried, in which case the judgment in the one trial is conclusive as to
the others. This is not actually consolidation but is referred to as
such. (QUASI-CONSOLIDATION)
(2) Where several actions are combined into one, lose their separate
identity, and become a single action in which a single judgment is
rendered. This is illustrated by a situation where several actions are
pending between the same parties stating claims which might
have been set out originally in one complaint. (ACTUAL
CONSOLIDATION)
TEXT
3. Where several actions are ordered to be tried together but each
retains its separate character and requires the entry of a separate
judgment. This type of consolidation does not merge the suits
into a single action, or cause the parties to one action to be
parties to the other. (CONSOLIDATION FOR TRIAL)
EN BANC[G.R. No. 152375. December 16, 2011.], REPUBLIC OF THE
PHILIPPINES, petitioner, vs. SANDIGANBAYAN (FOURTH
DIVISION), JOSE L. AFRICA (Substituted By His Heirs), MANUEL H.
NIETO, JR., FERDINAND E. MARCOS (Substituted By His Heirs),
IMELDA R. MARCOS, FERDINAND R. MARCOS, JR., JUAN PONCE
ENRILE, and POTENCIANO ILUSORIO (substituted by his heirs),
respondents.
TEXT
REQUISITES FOR CONSOLIDATION
When two or more cases involve the same parties and
affect closely related subject matters, they must be
consolidated and jointly tried, in order to serve the best
interests of the parties and to settle expeditiously the
issues involved. In other words, consolidation is proper
wherever the subject matter involved and relief demanded
in the different suits make it expedient for the court to
determine all of the issues involved and adjudicate the
rights of the parties by hearing the suits together.
TEXT
NECESSITY FOR CONSOLIDATION
It is well recognized that the purpose of the rule on consolidation is
to avoid multiplicity of suits; to guard against oppression and abuse;
to prevent delays; to clear congested dockets; and to simplify the
work of the trial court.
In short, consolidation aims to attain justice with the least expense
and vexation to the parties-litigants.It contributes to the swift
dispensation of justice, and is in accord with the aim of affording the
parties a just, speedy, and inexpensive determination of their cases
before the courts. Further, it results in the avoidance of the possibility
of conflicting decisions being rendered by the courts in two or more
cases, which would otherwise require a single judgment.
TEXT
IMPROPER CONSOLIDATION
1.A petition for a writ of possession and GOTESCOs
complaint for annulment of foreclosure proceeding.
2. A writ of possession with that for the declaration of
nullity of a foreclosure sale.
POINT : Exercise of judicial discretion.
TEXT
SEVERANCE OF TRIAL
Note the case of MetroBank vs. Sandiganbayan (G.R. No.
169677, February 13, 2013)
Rule 31 of the Rules of Court, which reads:
Section 2. Separate trials. The court, in furtherance or
convenience or to avoid prejudice, may order a separate
trial of any claim, cross-claim, counterclaim, or third-party
complaint, or of any separate issue, or of any number of
claims, cross-claims, counterclaims, third-party, complaints
or issues.
TEXT
METROBANK VS. SANDIGANBAYAN (2013)
Exceptions to the general rule are permitted only when
there are extraordinary grounds for conducting separate
trials on different issues raised in the same case, or when
separate trials of the issues will avoid prejudice, or when
separate trials of the issues will further convenience, or
when separate trials of the issues will promote justice, or
when separate trials of the issues will give a fair trial to all
parties. Otherwise, the general rule must apply.
TEXT
REFERENCE TO A COMMISSIONER
Under Section 2, Rule 32 of the Rules of Court, a court may, motu
proprio, direct a reference to a commissioner when a question of fact,
other than upon the pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgment or order into effect. The
order of reference can be limited exclusively to receive and report
evidence only, and the commissioner may likewise rule upon the
admissibility of evidence. The commissioner is likewise mandated to
submit a report in writing to the court upon the matters submitted to
him by the order of reference.
Manotok Realty, Inc., et al. vs. CLT Realty Development Corp., G.R. Nos. 123346 &
134385, December 14, 2007
TEXT
PROCEEDINGS
Rule 32, SECTION 5. Proceedings before commissioner.
Upon receipt of the order of reference unless otherwise
provided therein, the commissioner shall forthwith set a
time and place for the first meeting of the parties or their
counsel to be held within ten (10) days after the date of
the order of reference and shall notify the parties or their
counsel.
TEXT
STAGES OF COURT PROCEEDINGS IN CIVIL CASES
TEXT
STAGES OF COURT PROCEEDINGS IN CIVIL CASES
TEXT
STAGES OF COURT PROCEEDINGS IN CIVIL CASE
TEXT
DEMURRER TO EVIDENCE
Rule 33, section 1
A demurrer to evidence is defined as an objection by one of the
parties in an action, to the effect that the evidence which his adversary the failure of the defending party's answer
produced is insufficient in point of law, whether true or not, to make out to raise an issue. The answer would fail to
a case or sustain the issue. tender an issue, of course, if it does not deny the
A demurrer to evidence authorizes a judgment on the merits of the material allegations in the complaint or admits
case without the defendant having to submit evidence on his part, as he said
would ordinarily have to do, if plaintiffs evidence shows that he is not material allegations of the adverse party's
entitled to the relief. pleadings
TEXT by confessing the truthfulness thereof and/or
truth set out in the answer but the issues
NATURE OF DEMURRER omitting to deal with them at all. If an answer
thus arising from the pleadings are sham,
A demurrer to evidence is a motion to dismiss on the does
fictitious or not genuine, as shown by
ground of insufficiency of evidence and is presented after in fact specifically deny the material averments
affidavits,
the plaintiff rests his case. It is an objection by one of the of
depositions, or admissions.
parties in an action, to the effect that the evidence which the complaint and/or asserts affirmative
his adversary produced is insufficient in point of law, defenses
whether true or not, to make out a case or sustain the (allegations of new matter which, while admitting
issue. The evidence contemplated by the rule on demurrer the material allegations of the complaint
is that which pertains to the merits of the case expressly
TEXT or impliedly, would nevertheless prevent or bar
SITUATION recovery by the plaintiff), a judgment on the
If Defendants motion is denied = he will still be allowed to pleadings would naturally be improper.
present evidence
If Defendants motion is granted, but on appeal the order of
dismissal is reversed, he shall be deemed to have waived the TEXT
right to present evidence.
DISTINCTION
When a demurrer to evidence granted by a trial court is
reversed on appeal, the reviewing court cannot remand the what distinguishes a judgment on the pleadings from a summary judgment is
case for further proceedings. Rather, it should render judgment the presence of issues in the Answer to the Complaint.
on the basis of the evidence proffered by the plaintiff. When the Answer fails to tender any issue, that is, if it does not deny the
TEXT material allegations in the complaint or admits said material allegations of the
WHEN DO YOU FILE MOTION adverse partys pleadings by admitting the truthfulness thereof and/or
In passing upon the sufficiency of the evidence raised in a omitting to deal with them at all, a judgment on the pleadings is appropriate.
demurrer, the court is merely required to ascertain whether
there is competent or sufficient proof to sustain the On the other hand, when the Answer specifically denies the material
judgment. Being considered a motion to dismiss, thus, a averments of the complaint or asserts affirmative defenses, or in other words
demurrer to evidence must clearly be filed before the raises an issue, a summary judgment is proper provided that the issue raised is
court renders its judgment. not genuine.
TEXT A genuine issue means an issue of fact which calls for the presentation of
MAY AN ORDER DENYING MOTION FOR DEMURRER BE SUBJECT TO CERTIORARI? evidence, as distinguished from an issue which is fictitious or contrived or
Though interlocutory in character, an order denying a demurrer to
which does not constitute a genuine issue for trial. (Basbas vs.Sayson [2011])
evidence may be the subject of a certiorari proceeding, provided the
petitioner can show that it was issued with grave abuse of discretion; and TEXT
that appeal in due course is not plain, adequate or speedy under the OTHER IMPORTANT POINTS
circumstances. No place in cases of declaration of absolute nullity of
Indeed, when the plaintiffs evidence is utterly and patently insufficient to marriage, legal separation and even in annulment of
prove the complaint, it would be capricious for a trial judge to deny the marriage. (Carlos vs. Sandoval [2008])
demurrer and to require the defendant to present evidence to controvert Cannot be done motu proprio by the Court.
a non-existing case. Verily, the denial constitutes an unwelcome
TEXT
imposition on the courts docket and an assault on the defendants
resources and peace of mind. In short, such denial needlessly delays and, WHO INVOKES
thus, effectively denies justice. Under R.35, the Defending Party or the claimant must
TEXT invoke the Rule on Summary Judgment by filing a motion.
JUDGMENT ON PLEADINGS AND SUMMARY JUDGMENT TEXT
Judgment on Pleadings (R.34 s.1) Summary Judgment (R.35 s.1 and 3) WHY MOVE
Where a motion for judgment on the pleadings is In the case of a summary judgment, issues It is a procedural technique to promptly dispose of cases
filed, the essential question is whether there apparently exist i.e., facts are asserted in where the facts appear undisputed and certain from the
are issues generated by the pleadings. In a the complaint regarding which there is as yet
pleadings, depositions, admissions and affidavits on
proper case for judgment on the pleadings, no admission, disavowal or qualification; or
there is no ostensible issue at all because of specific denials or affirmative defenses are in record, or to weed out the expense and loss of time
involved in trial. (Philippine Business Bank vs. Chua
[2010] )
TEXT
CAN THERE BE PARTIAL SJ
Yes. However, a partial SJ was never intended to be
considered a final judgment as it does not put an end an
action by law. (Phil, Business Bank vs. Chua [2011])
TEXT
DOCTRINE OF FINALITY OF JUDGMENT
Also known as Immutability of Judgment
Under the doctrine of finality of judgment or immutability of
judgment, a decision that has acquired finality becomes
immutable and unalterable, and may no longer be modified
in any respect, even if the modification is meant to correct
erroneous conclusions of fact and law, and whether it be
made by the court that rendered it or by the Highest Court
of the land. Any act which violates this principle must
immediately be struck down. (Escalante vs.People [2013]}
TEXT
EXCEPTIONS
But like any other rule, it has exceptions, namely: (1)
the correction of clerical errors; (2) the so-called nunc
pro tunc entries which cause no prejudice to any
party; (3) void judgments; and (4) whenever
circumstances transpire after the finality of the
decision rendering its execution unjust and
inequitable The exception to the doctrine of
immutability of judgment has been applied in several
cases in order to serve substantial justice.
TEXT
OBJECT AND DEFINITION
The object of a judgment nunc pro tunc is not the rendering of
a new judgment and the ascertainment and determination of
new rights, but is one placing in proper form on the record,
the judgment that had been previously rendered, to make it
speak the truth, so as to make it show what the judicial action
really was, not to correct judicial errors, such as to render a
judgment which the court ought to have rendered, in place
of the one it did erroneously render, nor to supply nonaction
by the court, however erroneous the judgment may have
been. (Briones vs. Court of Appeals [2005]]
TEXT
REMEDIES OF A LOSING PARTY
1. File Motion for Reconsideration
2. File Motion for New Trial
3. File Petition for Relief from Judgment
4. File Special Civil Action for Certiorari
TEXT
MOTION FOR RECONSIDERATION
A motion for reconsideration is not putting
forward a new issue, or presenting new
evidence, or changing the theory of the case,
but is only seeking a reconsideration of the
judgment or final order based on the same
issues, contentions, and evidence either
because: (a) the damages awarded are
excessive; or (b) the evidence is insufficient to
justify the decision or final order; or (c) the
decision or final order is contrary to law
TEXT
PRO FORMA MOTION FOR RECONSIDERATION
1. A second MR
2. A non compliant MR that must specify the findings and
conclusions alleged to be contrary to law or not supported
by evidence
3. It does not substantiate the errors alleged
4. A mere reiteration
TEXT
SECOND MR
Rule : It is a prohibited pleading.
Exceptions?
1.Extraordinarily persuasive reason
2.Higher interest of justice (Note: section 3, Rule 15, Internal
Rules of the SC) by the Court en banc upon 2/3 vote
3.With leave of court
TEXT
REMEDY IF DENIED
The SC issued its resolution in A.M. No. 07-7-12-SC
to approve certain amendments to Rules 41, 45,
58 and 65 of the Rules of Court effective on
December 27, 2007.
Among the amendments was the delisting of an
order denying a motion for new trial or motion for
reconsideration from the enumeration found in
Section 1, Rule 41 of the 1997 Rules of Civil
Procedure of what are not appealable.
TEXT
REMEDY IF DENIED
Section 1, Rule 41 of the 1997 Rules of Civil Procedure of what
are not appealable. The amended rule now reads:
Section 1. Subject of appeal. An appeal may be taken from a
judgment or final order that completely disposes of the case,
or of a particular matter therein when declared by these Rules
to be appealable.
No appeal may be taken from:
(a) An order denying a petition for relief or any similar motion
seeking relief from judgment;
(b) An interlocutory order;
(c) An order disallowing or dismissing an appeal;
TEXT
(d) An order denying a motion to set aside a judgment by
consent, confession or compromise on the ground of fraud,
mistake or duress, or any other ground vitiating consent;
(e) An order of execution;
(f) A judgment or final order for or against one or more of
several parties or in separate claims, counterclaims, crossclaims and third-party
complaints, while the main case is
pending, unless the court allows an appeal therefrom; and
(g) An order dismissing an action without prejudice.
In any of the foregoing circumstances, the aggrieved party may
file an appropriate special civil action as provided in Rule 65.
TEXT
PERIOD TO FILE MR
Fifteen (15) days from receipt of the Order
The receipt by of denial of the motion for reconsideration
filed against the dismissal of their complaint, which was a
final order, started the reckoning point for the filing of
their appeal.
TEXT
NEYPES DOCTRINE
To standardize the appeal periods provided in the Rules of Court and to
afford litigants a fair opportunity to appeal their cases, the Court deems it
practical to allow a fresh period of fifteen (15) days within which to file
the notice of appeal in the RTC, counted from receipt of the order
dismissing a motion for new trial or motion for reconsideration. Said
"fresh period rule" also aims to regiment or make the appeal period
uniform. It eradicates the confusion as to when the fifteen (15)-day appeal
period should be counted from receipt of notice of judgment or from
receipt of notice of final order appealed from.
[G.R. No. 177711. September 5, 2012.],SUICO INDUSTRIAL CORP., and
SPOUSES ESMERALDO and ELIZABETH SUICO, petitioners, vs. HON.
MARILYN LAGURA-YAP, Presiding Judge of Regional Trial Court of
Mandaue City, Branch 28; PRIVATE DEVELOPMENT CORP. OF THE PHILS.
(PDCP now First E-Bank); and ANTONIO AGRO DEVELOPMENT
CORPORATION, respondents.
TEXT
NEYPES DOCTRINE
Does not apply to judgments which have already become
final and executory.
Does not apply to a petition for certiorari to review the
judgment of the COMELEC and the COA which is
governed by section 3, Rule 64
TEXT
PERIOD OF APPEAL IN CORPORATE REHAB
A Petition for Corporate Rehabilitation is considered a
special proceeding. Thus, the period of appeal is 30 days
since a record of appeal is required.
TEXT
MOTION FOR NEW TRIAL
Sections 1 and 6 of Rule 37 of the Rules of Court read:
SECTION 1. Grounds of and period for filing motion for new
trial. Within the period for taking an appeal, the aggrieved
party may move the trial court to set aside the judgment or final
order and grant a new trial for one or more of the following
causes materially affecting the substantial rights of said party:
xxx xxx xxx
(b) Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the
trial and which if presented would probably alter the result.
TEXT
SEC. 6. Effect of granting of motion for new trial. If a
new trial is granted in accordance with the provisions of
this Rule, the original judgment or final order shall be
vacated, and the action shall stand for trial de novo . .
TEXT
RATIONALE
New trial is a remedy that seeks to temper the
severity of a judgment or prevent the failure of
justice. The effect of an order granting a new
trial is to wipe out the previous adjudication so
that the case may be tried de novo for the
purpose of rendering a judgment in accordance
with law, taking into consideration the evidence
to be presented during the second trial.
TEXT
WHEN AVAILABLE
Consequently, a motion for new trial is proper
only after the rendition or promulgation of a
judgment or issuance of a final order. A motion
for new trial is only available when relief is
sought against a judgment and the judgment is
not yet final.
[G.R. No. 192737. April 25, 2012.], NEMIA
CASTRO, petitioner, vs. ROSALYN GUEVARRA
AND JAMIR GUEVARRA, respondents.
TEXT
SECOND MOTION FOR NEW TRIAL
Yes, provided that it is based on a ground not existing or
available within the time provided excluding the time
during which the first motion had been pending. (PCI
Leasing Finance Inc., vs. Milan [2010])
TEXT
REMEDY IF DENIED
Do not appeal the denial of MNT
Appeal the judgment or final order
TEXT
PETITION FOR RELIEF FROM JUDGMENT
A petition for relief from judgment must be filed within: (a) 60
days from knowledge of judgment, order or other proceedings
to be set aside; and (b) six (6) months from entry of such
judgment, order or other proceeding. These two periods must
concur. Both periods are also not extendible and never
interrupted. Strict compliance with these periods stems from the
equitable character and nature of the petition for relief. Indeed,
relief is allowed only in exceptional cases as when there is no SUPREME COURT
other available or adequate remedy. As it were, a petition for ORIGINAL
relief is actually the "last chance" given by law to litigants to EXCLUSIVE
question a final judgment or order. And failure to avail of such 1. Petitions for certiorari, prohibition or mandamus against the:
"last chance" within the grace period fixed by the Rules is fatal. A. Court of Appeals
Quelnan vs. VHF Phil., G.R. No. 138500, September 15, 2005 B. Commission on Elections
TEXT C. Commission on Audit
SPECIAL CIVIL ACTION ON CERTIORARI D. Sandiganbayan
A special civil action under Rule 65 of the Rules of TEXT
Court is only available in cases when a tribunal, SUPREME COURT
board or officer exercising judicial or quasi-judicial CONCURRENT
functions has acted without or in excess of its or his 1. With the Court of Appeals
jurisdiction, or with grave abuse of discretion Petitions for certiorari, prohibition or mandamus against the:
amounting to lack or excess of jurisdiction, and there A. Regional Trial Court
is no appeal, or any plain, speedy, and adequate B. Civil Service Commission
remedy in the ordinary course of law. It is not a C. Central Board of Assessment Appeals
mode of appeal, and cannot also be made as a D. Court of Tax Appeals
substitute for appeal. It will not lie in cases where E. Other quasi-judicial agencies
other remedies are available under the law. F. National Labor Relations Commission
TEXT TEXT
RIGHT TO APPEAL SUPREME COURT
The right to appeal is not a natural right and is not part of due With the Court of Appeals and Regional Trial Court
process. It is merely a statutory privilege, and may be exercised A. Petitions for certiorari, prohibition or mandamus
only in accordance with the law. The party who seeks to avail of against courts of the first level and other bodies; and
the same must comply with the requirements of the Rules. B. Petitions for habeas corpus and quo warranto
Failing to do so, the right to appeal is lost. C. Special Writs
Strict compliance with the Rules of Court is indispensable for the TEXT
orderly and speedy disposition of justice. The Rules must be SUPREME COURT
followed, otherwise, they will become meaningless and useless. APPELLATE
Dimarucot v. People of the Philippines, 2012G.R. No. 189151. Petitions for review on certiorari against the:
January 25, 2012; SPOUSES DAVID BERGONIA and 1. Court of Appeals
LUZVIMINDA CASTILLO, petitioners, vs. COURT OF APPEALS 2. Sandiganbayan
(4th DIVISION) and AMADO BRAVO, JR., respondents.) 3. Regional Trial Court in cases involving:
TEXT a.) the constitutionality or validity of a treaty, international or executive agreement,
DESIGNATION OF PARTIES law, presidential decree, proclamation, order, instruction, ordinance or regulation
Appellant - the one who appeals b.) the legality of a tax, impost, assessment, toll or a penalty in relation thereto;
Appellee - the other party in appealed case. c.) the jurisdiction of a lower court
POST- JUDGMENT REMEDIES d.) only errors or questions of law
CIVIL PROCEDURE TEXT
KNOW WHAT TO APPEAL COURT OF APPEALS
WHERE TO APPEAL (JURISDICTION/ ORIGINAL
HEIRARCHY OF COURTS) EXCLUSIVE
HOW (MODES) a.) Actions for annulment of judgments of the Regional
IMPORTANT POINTS Trial Court
REMEDIAL LAW TEXT
HEIRARCHY OF COURTS COURT OF APPEALS
JURISDICTION II. CONCURRENT
ORIGINAL With the Supreme Court
CONCURRENT 1. Petitions for certiorari, prohibition or mandamus against the:
APPELLATE a. Regional Trial Court
TEXT b. Civil Service Commission
 c. Central Board of Assessment Appeals TEXT
d. Court of Tax Appeals REGIONAL TRIAL COURT
e. Other quasi-judicial agencies APPELLATE
f. National Labor Relations Commission All cases decided by lower courts in their respective
TEXT territorial jurisdictions
COURT OF APPEALS TEXT
With the Supreme Court and Regional Trial Court MODES OF APPEAL
a. Petitions for certiorari, prohibition or mandamus against 1. Ordinary Appeal by Mere Notice of Appeal
courts of the first level and other bodies 2. Appeals in Special Proceedings and other cases where
b. Petitions for habeas corpus and quo warranto multiple appeals are allowed
TEXT 3. Appeal by Petition for Review to the Court of Appeals
COURT OF APPEALS 4. Appeals from quasi-judicial bodies by petition for review
APPELLATE to the Court of Appeals
1. ORDINARY APPEALS from the 5. Appeal by Petition for Review on Certiorari to the
a. Regional Trial Court, except in cases exclusively Supreme Court
appealable to the Supreme Court REMEDIAL LAW
b. Family Courts HEIRARCHY OF COURTS
TEXT TEXT
COURT OF APPEALS PROCEDURE FOR APPEAL IN RTC
APPEAL BY PETITION FOR REVIEW from TEXT
A. Court of Tax Appeals PROCEDURE FOR APPEAL IN RTC
B. Civil Service Commission TEXT
C. Central Board of Assessment Appeals PROCEDURE FOR APPEAL IN RTC
D. Securities & Exchange Commission TEXT
TEXT PROCEDURE FOR APPEAL IN COURT OF APPEALS
COURT OF APPEALS Two situations:
Land Registration Authority 1. If case is tried first at RTC.
Social Security Commission 2. If case is appealed from MTC and affirmed by RTC.
Office of the President TEXT
Civil Aeronautics Board PROCEDURE IF CASE IS TRIED FIRST AT RTC (APPEAL TO CA)
Bureaus under the Intellectual Property Office TEXT
National Electrification Administration PROCEDURE IF CASE IS TRIED FIRST AT RTC (APPEAL TO CA)
Energy Regulatory Board TEXT
TEXT PROCEDURE IF CASE IS TRIED FIRST AT RTC (APPEAL TO CA)
COURT OF APPEALS TEXT
National Telecommunications Commission PROCEDURE IF CASE IS APPEALED FROM MTC AND AFFIRMED BY RTC
Department of Agrarian Reform under R.A. 6657 (APPEAL TO CA)
GSIS TEXT
Employees Compensation Commission PROCEDURE IF CASE IS TRIED FIRST AT RTC (APPEAL TO CA)
Agricultural Inventions Board TEXT
Insurance Commission PROCEDURE IF CASE IS TRIED FIRST AT RTC (APPEAL TO CA)
Philippine Atomic Energy Commission TEXT
Board of Investments PROCEDURE FOR APPEAL IN SUPREME COURT (FROM DECISIONS OF
Construction Industry Arbitration Commission RTC.CA.SB)
Any other quasi-judicial agency, instrumentality, board or commission in the exercise of its TEXT
quasijudicial functions, such as voluntary arbitrator PROCEDURE FOR APPEAL IN SUPREME COURT
TEXT TEXT
COURT OF APPEALS RULE 41 Appeal from the RTC
PETITIONS FOR REVIEW 1. Appeal may be taken from a judgment or final order that
from the Regional Trial Court in cases appealed from the completely disposes of the case or of a particular matter therein.
lower courts 2. No appeal may be taken from:
A. Order denying a motion for new trial or recon; FROM RTC TO CA)
B.Order denying a petition for relief or any similar motion RULE 64 (REVIEW OF JUDGMENTS AND
seeking relief from judgment; FINAL ORDERS OR RESOLUTIONS OF
C. Interlocutory order; COMELEC AND COA)
D. Order disallowing or dismissing an appeal; Question of fact, or of law, or of mixed
E. Order denying a motion to set aside a judgment by consent, questions of fact fact and law
confession, compromise on the ground of fraud, mistake, or To correct only errors of jurisdiction.
duress, or any other ground vitiating consent; Questions of fact cannot be raised except to
F. Order of execution; determine whether COMELEC or COA
NOTES ON THE RULES OF APPEAL committed grave abuse of discretion
TEXT amounting to lack or excess of jurisdiction
7. G. Judgment or final order for or against one or Party is allowed 15 days to file the petition for
more of several parties or in separate claims, while review from receipt of the final order or
the main case is pending, unless the court allows an resolution, or from denial of the Motion for
appeal therefrom; New Trial or MR. Fresh Period Rule to apply.
H. Order dismissing an action without prejudice; Petition is to be filed within 30 days from
REMEDY: FILE UNDER R. 65 notice of the judgment or final order or
NO APPEAL resolution sought to be reviewed. Fresh
TEXT period rule will not apply.
General Rule: An ordinary appeal stays the execution of a judgment TEXT
Exceptions: 1. Failure of the record on appeal to show on its face that the appeal was taken
a. Decisions of quasi-judicial body appealed to the CA within the reglamentary period;
b. Executions pending appeal 2. Failure to file the notice of appeal or record on appeal within the period;
c. Cases covered by Summary Procedure 3. Failure of the appellant to pay the docket and other lawful fees;
TEXT 4. Unauthorized alterations, omissions, or additions in the approved record on
FINAL JUDGMENT VS. INTERLOCUTORY appeal;
Section 2, Rule 41 of the Revised Rules of Court provides that "(o)nly final 5. Failure of the appellant to serve and file the required number of copies of his
judgments or orders shall be subject to appeal". Interlocutory or brief or memorandum within the time provided;
incidental judgments or orders do not stay the progress of an action nor 6. Absence of specific assignment of errors in appellants brief or page references to
are they subject of appeal "until final judgment or order is rendered for the record;
one party or the other". 7. Failure of the appellant to take necessary steps for the completion or correction
The test to determine whether an order or judgment is interlocutory or of the record within the time limited by the order;
final is this: "Does it leave something to be done in the trial court with 8. Failure of appellant to appear at the preliminary conference or to comply with
respect to the merits of the case? If it does, it is interlocutory; if it does orders, circulars, or directives of the court without justifiable cause
not, it is final". A court order is final in character if it puts an end to the 9. Judgment or order appealed from is not appealable.
particular matter resolved or settles definitely the matter therein RULE 50. DISMISSAL BY CA OF APPEALS
disposed of, such that no further questions can come before the court TEXT
except the execution of the order. (Judy Anne L. Santos vs. People of the Section 2, Rule 50
Phil., et al., G.R. No. 173176, August 26, 2008) Appeal under Rule 41 taken from RTC to the CA raising
TEXT only questions of law shall be dismissed.
A court order, on the other hand, is merely Appeal by Notice of Appeal instead of Petition for Review
interlocutory in character if it is provisional and leaves from the appellate judgment of the RTC shall also be
substantial proceeding to be had in connection with dismissed.
its subject. The word "interlocutory" refers to DISMISSAL OF IMPROPER APPEAL
"something intervening between the commencement KNOW WHAT TO APPEAL
and the end of a suit which decides some point or WHERE TO APPEAL (JURISDICTION/
matter but is not a final decision of the whole HIERARCHY OF COURTS)
controversy." HOW (MODES)
TEXT IMPORTANT POINTS
IS A PETITION FOR REVIEW UNDER R.64 SIMILAR TO R.42? TEXT
RULE 42 (PETITION FOR REVIEW PRELIMINARY ATTACHMENT
 PRELIMINARY INJUNCTION Prohibition may be on the ground that the court
RECEIVERSHIP against whom the writ is sought acted without or
REPLEVIN in excess of jurisdiction
SUPPORT PENDENTE LITE Injunction may be the main action itself,
PROVISIONAL REMEDIES or just a provisional remedy in the main
TEXT action
PRELIMINARY INJUNCTION AND MANDATORY INJUNCTION ALWAYS A MAIN ACTION
PRELIMINARY INJUNCTION MANDATORY INJUNCTION TEXT
A PROVISIONAL REMEDY THAT IS 1. ) When great or irreparable injury would result to the
ADJUNCT TO THE MAIN CASE, applicant even before the application is heard on notice;
AND IS SUBJECT TO THE LATTERS 20-day temporary restraining order is issued.
OUTCOME. 2.) If the matter is of extreme urgency and the applicant
A SEPARATE INDEPENDENT will suffer grave injustice and irreparable injury, the court
ACTION. may issue ex parte a 72-hour temporary restraining order;
PROVISIONAL BECAUSE IT can only be issued by the executive judge of a multiplesala court or by the presiding judge of a
CONSTITUTES A TEMPORARY single-sala cour
MEASURE AVAILED OF DURING THE TEMPORARY RESTRAINING ORDER
PENDENCY OF THE ACTION. TEXT
REQUISITES ARE: 1. APPLICANT HAS A CLEAR TRO issued by trail court may either be for 72 hours or 20
UNMISTAKABLE RIGHT ;2. THERE IS A MATERIAL days; if issued by the CA or a member thereof, it shall be
AND SUBSTANTIAL INVASION OF SUCH RIGHT; 3. effective for sixty (60) days; TROs issued by the SC shall be
THERE IS AN URGENT NEED FOR THE WRIT TO effective until further notice.
PREVENT IRREPARABLE INJURY, AND NO OTHER EFFECTIVITY OF TRO
ORDINARY, SPEEDY AND ADEQUATE REMEDY. TEXT
TEXT An injury is considered irreparable if it is of such constant and frequent
Requisites are to be strictly complied with under section 3. recurrence that no fair and reasonable redress can be had therefor in a
Formal requisites as provided for under section 4, section court of law, or where there is no standard by which their amount can
7 (service of copies of the bond) be measured with reasonable accuracy, that is, it is not susceptible of
Mandatory Notice Requirement under section 5 mathematical computation. It is considered irreparable injury when it
RULE 58 PRELIMINARY INJUNCTION cannot be adequately compensated in damages due to the nature of
TEXT the injury itself or the nature of the right or property injured or when
The primary purpose of injunction is to preserve the status there exists no certain pecuniary standard for the measurement of
quo by restraining action or interference or by furnishing damages. (Ermita vs. Judge Deloris [2011])
preventive relief. The status quo is the last actual, peaceable, CONCEPT OF IRREPARABLE DAMAGE
uncontested status which precedes the pending controversy. TEXT
A mandatory injunction is an extreme remedy and will be The status quo sought to be preserved by a preliminary
granted only on a showing that (a) the invasion of the right is injunction is the last actual, peaceable, and uncontested
material and substantial, (b) the right of the complainant is situation which precedes a controversy. The status quo
clear and unmistakable, and (c) there is an urgent and should be existing ante litem motam, or at the time of the
paramount necessity for the writ to prevent serious damage. filing of the case. For this reason, a preliminary injunction
PURPOSE OF INJUNCTION should not establish new relations between the parties,
TEXT but merely maintain or re-establish the pre-existing
INJUNCTION IS DIFFERENT FROM PROHIBITION relationship between them. x x (Maunlad Homes vs. Union
INJUNCTION PROHIBITION (R.65, sec.2) bank[2008])
DIRECTED AGAINST A DEFINITION OF STATUS QUO
PARTY IN THE ACTION TEXT
Prohibition is directed against a court, An order granting a preliminary injunction, whether
tribunal or person exercising judicial mandatory or prohibitory, is interlocutory and unappealable.
powers However, it may be challenged by a petition for certiorari
DOES NOT INVOLVE JURISDICTION OF under Rule 65 of the Rules of Court. Being preliminary, such
THE COURT an order need not strictly follow Section 5 of Rule 51
requiring that every decision or final resolution of the court
in appealed cases shall clearly and distinctly state the
findings of fact and conclusions of law on which it is based x
x x (UCPB vs. United Alloy [2005])
REMEDY
TEXT
A preliminary injunction may be dissolved if it appears after hearing that
although the applicant is entitled to the injunction or restraining order, the
issuance or continuance thereof, as the case may be, would cause
irreparable damage to the party or person enjoined while the applicant
can be fully compensated for such damages as he may suffer, and the
former files a bond in an amount fixed by the court on condition that he
will pay all damages which the applicant may suffer by the denial or the
dissolution of the injunction or restraining order.
Two conditions must concur: first, the court in the exercise of its discretion,
finds that the continuance of the injunction would cause great damage to
the defendant, while the plaintiff can be fully compensated for such
damages as he may suffer; second, the defendant files a counterbond."
GROUNDS TO OBJECT, DISSOLVE INJUNCTION (SEC.6, R.58)
TEXT
No. The mere offer of a counterbond does not suffice to
warrant the dissolution of the preliminary writ of injunction
issued to stop an unauthorized act. A contrary holding
would open the gates to the use of the counterbond as a
vehicle of the commission or continuance of an
unauthorized or illegal act which the injunction precisely is
intended to prevent. (Strategic Alliance vs. Star
Infrastructure [2011])
WILL OFFER OF COUNTER BOND SUFFICE TO DISSOLVE
TEXT
The rule thus holds that before a TRO may be issued, all parties must be heard
in a summary hearing first, after the records are transmitted to the branch
selected by raffle. The only instance when a TRO may be issued ex parte is
when the matter is of such extreme urgency that grave injustice and irreparable
injury will arise unless it is issued immediately. Under such circumstance, the
Executive Judge shall issue the TRO effective for 72 hours only.
The Executive Judge shall then summon the parties to a conference during
which the case should be raffled in their presence. Before the lapse of the 72
hours, the Presiding Judge to whom the case was raffled shall then conduct a
summary hearing to determine whether the TRO can be extended for another
period until the application for preliminary injunction can be heard, which
period shall in no case exceed 20 days including the original 72 hours.
TRO ISSUANCE - SUMMARY HEARING
TEXT
SPECIAL CIVIL ACTIONS
INTERPLEADER
DECLARATORY RELIEF AND SIMILAR REMEDIES
CERTIORARI, PROHIBITION AND MANDAMUS
QUO WARRANTO
EXPROPRIATION
FORECLOSURE
PARTITION
FORCIBLE ENTRY AND UNLAWFUL DETAINER
TEXT
INTERPLEADER
It should be remembered that an action of interpleader is
afforded to protect a person not against double liability
but against double vexation in respect of one liability.
It requires, as an indispensable requisite, that "conflicting
claims upon the same subject matter are or may be made
against the plaintiff-in-interpleader who claims no interest
whatever in the subject matter or an interest which in
whole or in part is not disputed by the claimants.
[G.R. No. 127913. September 13, 2001.],RIZAL
COMMERCIAL BANKING CORPORATION, petitioner, vs.
METRO CONTAINER CORPORATION, respondent.
TEXT
INTERPLEADER (R.62)
The action of interpleader is a remedy whereby a person who has property
whether personal or real, in his possession, or an obligation to render wholly or
partially, without claiming any right in both, or claims an interest which in whole
or in part is not disputed by the conflicting claimants, comes to court and asks
that the persons who claim the said property or who consider themselves entitled
to demand compliance with the obligation, be required to litigate among
themselves, in order to determine finally who is entitled to one or the other thing.
The remedy is afforded not to protect a person against a double liability but to
protect him against a double vexation in respect of one liability. When the court
orders that the claimants litigate among themselves, there arises in reality a new
action and the former are styled interpleaders, and in such a case the pleading
which initiates the action is called a complaint of interpleader and not a crosscomplain.
[G.R. No. 147812. April 6, 2005.],LEONARDO R. OCAMPO, petitioner, vs.
LEONORA TIRONA, respondent.
TEXT
DECLARATORY RELIEF (R.63)
Section 1 can be dissected into two parts.
The first paragraph concerns declaratory relief, which has been defined as
a special civil action by any person interested under a deed, will, contract
or other written instrument or whose rights are affected by a statute,
ordinance, executive order or regulation to determine any question of
construction or validity arising under the instrument, executive order or
regulation, or statute and for a declaration of his rights and duties
thereunder.
The second paragraph pertains to (1) an action for the reformation of an
instrument; (2) an action to quiet title; and (3) an action to consolidate
ownership in a sale with a right to repurchase.
Erlinda Reyes, et al. vs. Belen B. Ortiz, et al., G.R. Nos. 137794 & 149664,
August 11, 2010
TEXT
REQUISITES
It is settled that the requisites of an action for declaratory relief are:
(1) the subject matter of the controversy must be a deed, will,
contract or other written instrument, statute, executive order or
regulation, or ordinance; (2) the terms of said documents and the
validity thereof are doubtful and require judicial construction; (3)
there must have been no breach of the documents in question; (4)
there must be an actual justiciable controversy or the "ripening
seeds" of one between persons whose interests are adverse; (5)
the issue must be ripe for judicial determination; and (6) adequate
relief is not available through other means or other forms of action
or proceeding.
Honesto V. Ferrer, Jr., et al. vs. Sulpicio S. Roco, Jr., et al., G.R. No.
174129, July 5, 2010
TEXT
For such an action for declaratory relief before
a trial court to prosper, it must be shown that (a)
there is a justiciable controversy, (b) the
controversy is between persons whose interests
are adverse, (c) the party seeking the relief has
a legal interest in the controversy, and (d) the
issue invoked is ripe for judicial determination.
Bayantel, Inc. vs. Republic of the Philippines, et
al., G.R. No. 161140, January 31, 2007
TEXT
An action for declaratory relief presupposes that there has been no actual
breach of the instruments involved or of the rights arising thereunder. Since the
purpose of an action for declaratory relief is to secure an authoritative statement
of the rights and obligations of the parties under a statute, deed, or contract for
their guidance in the enforcement thereof, or compliance therewith, and not to
settle issues arising from an alleged breach thereof, it may be entertained
before the breach or violation of the statute, deed or contract to which it refers.
A petition for declaratory relief gives a practical remedy for ending
controversies that have not reached the state where another relief is
immediately available; and supplies the need for a form of action that will set
controversies at rest before they lead to a repudiation of obligations, an invasion
of rights, and a commission of wrongs.
PRESUMPTION IN DECLARATORY RELIEF
TEXT
This case is a Petition for Certiorari and Prohibition (with application for
temporary restraining order and/or writ of preliminary injunction) under
Rule 65 of the 1997 Revised Rules of Civil Procedure, filed by herein
petitioner Chamber of Real Estate and Builders Associations, Inc. (CREBA)
seeking to nullify and prohibit the enforcement of Department of Agrarian
Reform (DAR) Administrative Order (AO) No. 01-02, as amended by DAR
AO No. 05-07,[1] and DAR Memorandum No. 88,[2] for having been
issued by the Secretary of Agrarian Reform with grave abuse of discretion
amounting to lack or excess of jurisdiction as some provisions of the
aforesaid administrative issuances are illegal and unconstitutional.
DECLARATORY RELIEF OR CERTIORARI?
TEXT
It is beyond the province of certiorari to declare the aforesaid
administrative issuances unconstitutional and illegal because
certiorari is confined only to the determination of the existence of
grave abuse of discretion amounting to lack or excess of jurisdiction.
Petitioner cannot simply allege grave abuse of discretion amounting
to lack or excess of jurisdiction and then invoke certiorari to declare
the aforesaid administrative issuances unconstitutional and illegal.
Emphasis must be given to the fact that the writ of certiorari dealt
with in Rule 65 of the 1997 Revised Rules of Civil Procedure is a
prerogative writ, never demandable as a matter of right, never
issued except in the exercise of judicial discretion.
TEXT
RULE 65
There are two substantial requirements in a petition for certiorari. These are:
1. that the tribunal, board or officer exercising judicial or quasi-judicial functions acted
without or in excess of his or its jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction; and
2. that there is no appeal or any plain, speedy and adequate remedy in the ordinary
course of law.
For a petition for certiorari premised on grave abuse of discretion to prosper, petitioner
must show that the public respondent patently and grossly abused his discretion and
that abuse amounted to an evasion of positive duty or a virtual refusal to perform a
duty enjoined by law or to act at all in contemplation of law, as where the power was
exercised in an arbitrary and despotic manner by reason of passion or hostility.
Equitable PCI Bank, et al. vs. Ng Sheung Ngor, et al., G.R. No. 171545, December 19, 2007
TEXT
A special civil action for certiorari under Rule 65 of
the Rules of Court is the proper remedy for one
who complains that the tribunal, board or officer
exercising judicial or quasi-judicial functions acted
in total disregard of evidence material to or
decisive of the controversy.
Leyte IV Electric Cooperative, Inc. vs. Leyeco IV
Employees Union-ALU, G.R. No. 157775, October
19, 2007
TEXT
A petition for certiorari under Rule 65 is proper to
correct errors of jurisdiction committed by the lower
court, or grave abuse of discretion which is
tantamount to lack of jurisdiction. This remedy can
be availed of when "there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary
course of law."
Active Realty and Development Corp. vs. Bienvenido
Fernandez, G.R. No. 157186, October 19, 2007
TEXT
A petition for certiorari under Rule 65 of the Rules of Court
is the proper remedy to question an improvident
interlocutory order.
San Fernando Rural Bank, Inc. vs. Pampanga Omnibus
Development Corp., et al., G.R. No. 168088, April 4, 2007
TEXT
A petition under Rule 65 is an independent action that
cannot be availed of as a substitute for the lost
remedy of an ordinary appeal, including that under
Rule 45, especially if such loss or lapse was
occasioned by one's own neglect or error in the
choice of remedies. And under Section 5 (f) of Rule 56
of the Rules of Court, an error in the choice or mode of
appeal, as in this case, merits an outright dismissal.
People of the Philippines vs. Court of Appeals, et al.,
G.R. No. 172989, June 19, 2007
TEXT
DISTINCTION R.45 AND R.65
As to the Purpose. Certiorari is a remedy
designed for the correction of errors of
jurisdiction, not errors of judgment.
TEXT
As to the Manner of Filing. Over an appeal, the CA exercises its
appellate jurisdiction and power of review. Over a certiorari, the higher
court uses its original jurisdiction in accordance with its power of
control and supervision over the proceedings of lower courts.
An appeal is thus a continuation of the original suit, while a petition
for certiorari is an original and independent action that was not part of
the trial that had resulted in the rendition of the judgment or order
complained of. The parties to an appeal are the original parties to the
action. In contrast, the parties to a petition for certiorari are the
aggrieved party (who thereby becomes the petitioner) against the lower
court or quasi-judicial agency, and the prevailing parties (the public
and the private respondents, respectively).
TEXT
As to the Subject Matter. Only judgments or final
orders and those that the Rules of Court so declared
are appealable. Since the issue is jurisdiction, an
original action for certiorari may be directed
against an interlocutory order of the lower court
prior to an appeal from the judgment; or where
there is no appeal or any plain, speedy or adequate
remedy.
TEXT
As to the Period of Filing. Ordinary appeals should
be filed within fifteen days from the notice of
judgment or final order appealed from.
Where a record on appeal is required, the appellant
must file a notice of appeal and a record on appeal
within thirty days from the said notice of judgment
or final order.
TEXT
A petition for review should be filed and served
within fifteen days from the notice of denial of the
decision, or of the petitioners timely filed motion for
new trial or motion for reconsideration.
In an appeal by certiorari, the petition should be filed
also within fifteen days from the notice of judgment or
final order, or of the denial of the petitioners motion for
new trial or motion for reconsideration.
TEXT
On the other hand, a petition for certiorari should be
filed not later than sixty days from the notice of
judgment, order, or resolution. If a motion for new
trial or motion for reconsideration was timely filed,
the period shall be counted from the denial of the
motion
TEXT
As to the Need for a Motion for Reconsideration. A
motion for reconsideration is generally required prior
to the filing of a petition for certiorari, in order to
afford the tribunal an opportunity to correct the
alleged errors. Note also that this motion is a plain
and adequate remedy expressly available under the
law.
Such motion is not required before appealing a
judgment or final order.
TEXT
ON REVIEW OF NLRC DECISIONS
Resort to judicial review of the decisions of the NLRC,
a quasi-judicial body, under Rule 65 of the Rules of
Court is confined only to issues of want or excess of
jurisdiction and grave abuse of discretion resulting
thereto, on the part of the tribunal rendering them.
Prisco Lanzaderas, et al. vs. Amethyst Security and
General Services, et al., G.R. No. 143604, June 20,
2003
TEXT
MATERIAL DATA RULE
The material dates required to be stated in the petition for certiorari under Rule 65 are:
(1) the date of receipt of the notice of the judgment or final order or resolution;
(2) the date of filing of the motion for new trial or for reconsideration; and
(3) the date of receipt of the notice of denial of the motion.
The rationale for requiring the statement of material dates is to determine the
timeliness of filing of the petition.
The failure to comply with the rule on a statement of material dates in the petition may be
excused since the dates are evident from the records. The more material date for
purposes of appeal to the Court of Appeals is the date of receipt of the trial court's
order denying the motion for reconsideration. The other material dates may be
gleaned from the records of the case if reasonably evident.
Security Bank Corp. vs. Indiana Aerospace University, G.R. No. 146197, June 27, 2005
TEXT
The Court may treat a petition for certiorari under
Rule 65 as having been filed under Rule 45 to serve
the higher interest of justice.
Such liberal application of the rules, however, finds no
application if the petition is filed well beyond the
reglementary period for filing a petition for review
without any reason therefor.
People of the Phil. vs. Sandiganbayan, G.R. No.
156394, January 21, 2005
TEXT
EXCEPTIONS
That the petitioner did not file a motion for reconsideration in the RTC before
coming to this Court did not preclude treating her petition as one for certiorari.
The requirement under Section 1 of Rule 65 that there must be no appeal, or
any plain or adequate remedy in the ordinary course of law admits exceptions.
In Francisco Motors Corporation v. Court of Appeals, (G.R. Nos. 117622-23,
October 23, 2006) the Court has recognized exceptions to the requirement,
such as: (a) when it is necessary to prevent irreparable damages and injury to a
party; (b) where the trial judge capriciously and whimsically exercised his
judgment; (c) where there may be danger of a failure of justice; (d) where an
appeal would be slow, inadequate, and insufficient; (e) where the issue raised
is one purely of law; (f) where public interest is involved; and (g) in case of
urgency. The allegations of the petition definitely placed the petitioner's
recourse under most, if not all, of the exceptions.
TEXT
EXCESS VS. ABSENCE
Excess of jurisdiction as distinguished from absence of
jurisdiction means that an act, though within the general power
of a tribunal, board or officer is not authorized, and invalid with
respect to the particular proceeding, because the conditions
which alone authorize the exercise of the general power in
respect of it are wanting.
Without jurisdiction means lack or want of legal power, right or
authority to hear and determine a cause or causes, considered
either in general or with reference to a particular matter. It
means lack of power to exercise authority.
Equitable PCI Bank, Inc. vs. Salvador Y. Apurillo, et al., G.R. No.
168746, November 5, 2009
TEXT
Section 1, Rule 65 in relation to Section 3, Rule 46 of the
Rules of Court, clearly states that in a petition filed
originally in the Court of Appeals, the petitioner is
required to serve a copy of the petition on the adverse
party before its filing.
Fernando Go vs. Court of Appeals, et al., G.R. No. 163745,
August 24, 2007
TEXT
CONTEXT OF GRAVE ABUSE OF DISCRETION
Grave abuse of discretion means such capricious or
whimsical exercise of judgment which is equivalent to lack
of jurisdiction. To justify the issuance of the writ of certiorari,
the abuse of discretion must be grave, as when the power is
exercised in an arbitrary or despotic manner by reason of
passion or personal hostility, and the abuse must be so
patent and gross as to amount to an evasion of a positive
duty or to a virtual refusal to perform the duty enjoined, or
to act at all, in contemplation of law, as to be equivalent to
having acted without jurisdiction.
Angelina Pahila-Garrido vs. Eliza M. Tortogo, et al., G.R. No.
156358, August 17, 2011
TEXT
EFFECT OF FILING CERTIORARI UNDER RULE 65
A petition for certiorari under Rule 65 does not
interrupt the course of the principal case unless a
temporary restraining order or a writ of preliminary
injunction from further proceeding has been
issued against the public respondent. A petition
for certiorari under Rule 65 is, without a doubt, an
original action.
BF Citiland Corp. vs. Marilyn B. Otake, G.R. No.
173351, July 29, 2010
TEXT
MANDAMUS
The remedy of mandamus, as an extraordinary writ, lies only to
compel an officer to perform a ministerial duty, not a discretionary
one. Mandamus will not issue to control the exercise of discretion
by a public officer where the law imposes upon him the duty to
exercise his judgment in reference to any manner in which he is
required to act, because it is his judgment that is to be exercised
and not that of the court. The only time the discretion of the
prosecutor will stand review by mandamus is when the prosecutor
gravely abuses his discretion.
Ernesto Marcelo, Jr., et al. vs. Rafael R. Villordon, G.R. No. 173081,
December 15, 2010, citing Hipos v. Judge Bay, G.R. Nos.
174813-15, March 17, 2009
TEXT
MANDAMUS
Mandamus is not the proper recourse to enforce the right
of redemption. To begin with, mandamus applies as a
remedy only where petitioner's right is founded clearly in
law and not when it is doubtful. In varying language, the
principle echoed and reechoed is that legal rights may be
enforced by mandamus only if those rights are welldefined, clear and certain.
Moreover, mandamus cannot be availed of as a remedy to
enforce the performance of contractual obligations.
Domingo R. Manalo vs. PAIC Savings Bank, G.R. No.
146531, March 18, 2005
TEXT
OBJECT OF MANDAMUS
Under Rule 65, Section 3 of the Rules of Court, a
petition for mandamus may be filed when any
tribunal, corporation, board, officer or person
unlawfully neglects the performance of an act
which the law specifically enjoins as a duty
resulting from an office, trust or station.
Social Justice Society, et al. vs. Jose L. Atienza, Jr.,
G.R. No. 156052, March 7, 2007
TEXT
MINISTERIAL DUTY ONLY
It is settled that mandamus is employed to compel the
performance, when refused, of a ministerial duty, but not to with grave abuse of discretion, and there is no appeal or any other
compel the performance of a discretionary duty. plain, speedy and adequate remedy in the ordinary course of law.
Mandamus will not issue to enforce a right which is in Proper Remedy : Action to nullify
substantial dispute or to which a substantial doubt exists. It is PROHIBITION
nonetheless likewise available to compel action, when refused, TEXT
in matters involving judgment and discretion, but not to direct Prohibition lies against judicial or ministerial functions, but
the exercise of judgment or discretion in a particular way or the not against legislative or quasi-legislative functions.
retraction or reversal of an action already taken in the exercise Generally, the purpose of a writ of prohibition is to keep a
of either. lower court within the limits of its jurisdiction in order to
Fidela R. Angeles vs. Secretary of Justice, et al., G.R. No. 142549, maintain the administration of justice in orderly channels.
March 9, 2010 ONLY AGAINST MINISTERIAL OR JUDICIAL FUNCTIONS
TEXT TEXT
GROUNDS FOR MANDAMUS Prohibition is the proper remedy to afford relief against
The writ of mandamus, however, will not issue to compel an official to do anything usurpation of jurisdiction or power by an inferior court, or
which is not his duty to do or which it is his duty not to do, or to give to the applicant when, in the exercise of jurisdiction in handling matters
anything to which he is not entitled by law. clearly within its cognizance the inferior court transgresses
Nor will mandamus issue to enforce a right which is in substantial dispute or as to the bounds prescribed to it by the law, or where there is no
which a substantial doubt exists, although objection raising a mere technical question adequate remedy available in the ordinary course of law
will be disregarded if the right is clear and the case is meritorious. by which such relief can be obtained.
As a rule, mandamus will not lie in the absence of any of the following grounds: [a] TEXT
that the court, officer, board, or person against whom the action is taken unlawfully EXECUTION AND SATISFACTION OF JUDGMENTS
neglected the performance of an act which the law specifically enjoins as a duty TEXT
resulting from office, trust, or station; or [b] that such court, officer, board, or person Execution as a matter of right and as a Matter of Discretion
has unlawfully excluded petitioner/relator from the use and enjoyment of a right or Matter of RIGHT:
office to which he is entitled. On the part of the relator, it is essential to the issuance of 1. Final and Executory
a writ of mandamus that he should have a clear legal right to the thing demanded and 2. Judgment Debtor has renounced or waived his right of appeal
it must be the imperative duty of respondent to perform the act required. 3. Period of appeal has expired without an appeal having been
Uy Kiao Eng vs. Nixon Lee, G.R. No. 176831, January 15, 2010 filed
TEXT TEXT
NO MANDAMUS TO ENFORCE CONTRACT 4. When appeal having been filed, the appeal has been
Recognized further in this jurisdiction is the principle that mandamus resolved and the records have been returned to the court
cannot be used to enforce contractual obligations. Generally, of origin.
mandamus will not lie to enforce purely private contract rights, and TEXT
will not lie against an individual unless some obligation in the nature EXECUTION AS A MATTER OF DISCRETION
of a public or quasi-public duty is imposed. Execution pending appeal, based on good reasons.
The writ is not appropriate to enforce a private right against an Compelling circumstances that justify immediate
individual. execution lest the judgment becomes illusory.
The writ of mandamus lies to enforce the execution of an act, when, TEXT
otherwise, justice would be obstructed; and, regularly, issues only in NO NEED FOR MOTION FOR EXECUTION
cases relating to the public and to the government; hence, it is called a Amparo or Habeas Corpus
prerogative writ. To preserve its prerogative character, mandamus is Special Proceedings
not used for the redress of private wrongs, but only in matters relating Exceptions section 6, Rule 39.
to the public. TEXT
TEXT VARIANCE IN TERMS OF JUDGMENT AND WRIT OF EXECUTION
A petition for prohibition is also not the proper remedy to assail an If writ of execution varied the judgment, it has no validity.
IRR issued in the exercise of a quasi-legislative function. Prohibition TEXT
is an extraordinary writ directed against any tribunal, corporation, MAY A WRIT OF EXECUTION BE APPEALED
board, officer or person, whether exercising judicial, quasi-judicial 1. Writ varies the judgment
or ministerial functions, ordering said entity or person to desist 2. There has been a change in situation of the parties making
from further proceedings when said proceedings are without or in execution inequitable or unjust
excess of said entitys or persons jurisdiction, or are accompanied 3. Property is exempt from execution
4. Terms of judgment are not clear enough
TEXT
5. The writ was improvidently issued, or that it is defective
in substance, or is issued against the wrong party, or that
the judgment debt has been paid or otherwise satisfied, or
the writ was issued without authority.
TEXT
It is a basic principle of law that money judgments are
enforceable only against property unquestionably
belonging to the judgment debtor, and any third person
adversely affected by the mistaken levy of his property to
answer for another mans debt may validly assail such levy
through the remedies provided for by Rule 39 of the Rules
of Court.
What should be the remedy?
MISTAKE IN LEVY
TEXT
REMEDY OF TERCERIA
Remedy provided in Section 17, Rule 39 of the 1988 Rules of Civil
Procedure (now Section 16 of Rule 39) by serving on the officer
making the levy an affidavit of his title and a copy thereof upon the
judgment creditor. The officer shall not be bound to keep the
property, unless such judgment creditor or his agent, on demand of
the officer, indemnifies the officer against such claim by a bond in a
sum not greater than the value of the property levied on. An action
for damages may be brought against the sheriff within one hundred
twenty (120) days from filing of the bond. The right of a 3rd party
claimant to file a Terceria is founded on his title or right of possession.
Note : Villasi vs. Garcia, GR no.190106, January 15, 2014
TEXT
Section 16, 18, Rule 39 specifically provides that a third
person may avail himself of the remedies of either
terceria,to determine whether the sheriff has rightly or
wrongly taken hold of the property not belonging to the
judgment debtor or obligor, or an independent separate
actionto vindicate his claim of ownership and/or
possession over the foreclosed property. However, the
person other than the judgment debtor who claims
ownership or right over levied properties is not precluded
from taking other legal remedies to prosecute his claim
TEXT
Indeed, the power of the court in executing judgments
extends only to properties unquestionably belonging to
the judgment debtor alone. An execution can be issued
only against a party and not against one who did not have
his day in court. The duty of the sheriff is to levy the
property of the judgment debtor not that of a third person.
For, as the saying goes, one man's goods shall not be sold
for another man's debts.
TEXT
Nothing is more settled in law than that once a judgment attains finality it
thereby becomes immutable and unalterable.
The enforcement of such judgment should not be hampered or evaded, for the
immediate enforcement of the parties rights, confirmed by final judgment, is a
major component of the ideal administration of justice. This is the reason why
we abhor any delay in the full execution of final and executory decisions. Thus,
a remedy intended to frustrate, suspend, or enjoin the enforcement of a final
judgment must be granted with caution and upon a strict observance of the
requirements under existing laws and jurisprudence. Any such remedy allowed
in violation of established rules and guidelines connotes but a capricious
exercise of discretion that must be struck down in order that the prevailing
party is not deprived of the fruits of victory. (Garrido vs. Torroga [2011])
SATISFACTION OF JUDGMENT: FINALITY
TEXT
As a matter of right (section 1, Rule 39)
As a matter of discretion (section 2, Rule 39)
EXECUTION
TEXT
Upon a judgment or order that disposes of the action or
proceeding upon the expiration of the appeal.
If no appeal has been duly perfected.
WHEN IS IT A MATTER OF RIGHT
TEXT
Execution and satisfaction of judgment or final order
pending appeal
Execution of several, separate or judgments
WHEN IS IT A MATTER OF DISCRETION
TEXT
Considering the provision of Section 6, Rule 39 of the
1997 Rules of Civil Procedure, after the lapse of five years
from the date of entry, judgment may no longer be
enforced by way of motion but by independent action.
PERIOD TO ENFORCE JUDGMENT
TEXT
The rules are clear. Once a judgment becomes final and
executory, the prevailing party can have it executed as a
matter of right by mere motion within five years from the
date of entry of judgment. If the prevailing party fails to
have the decision enforced by a motion after the lapse of
five years, the said judgment is reduced to a right of action
which must be enforced by the institution of a complaint in
a regular court within ten years from the time the
judgment becomes final. (Villeza vs. German Management
Services [2010])
RULE:
TEXT
An action for revival of judgment is governed by Article 1144 (3),
Article 1152 of the Civil Code and Section 6, Rule 39 of the Rules
of Court. Thus:
Art. 1144. The following actions must be brought within ten years
from the time the right of action accrues: ..(3) Upon a judgment
Article 1152 of the Civil Code states:
 Art. 1152. The period for prescription of actions to demand the
fulfillment of obligations declared by a judgment commences
from the time the judgment became final.
CIVIL CODE PROVISIONS ON REVIVAL OF JUDGMENT
TEXT
NOTE Section 27 to 36 Rule 39
Note Sio Tiat King vs. Lim (June 22, 2015)
REDEMPTION
TEXT
Section 33, Rule 39 contemplates two situations wherein a
writ of possession may issue: (1) only upon the expiration
of the period of redemption and no such redemption
having been made[;] and (2) only to a purchaser or
redemptioner in the execution sale.
SIO TIAT KING
TEXT
Sec. 27 of the same Rule enumerates the persons who are entitled to
exercise the right of redemption over a property sold on execution,
thus:
Sec. 27. Who may redeem real property so sold. - Real property sold as
provided in the last preceding section, or any part thereof sold
separately, may be redeemed in the manner hereinafter provided, by
the following persons: (a) The judgment obligor, or his successor-ininterest in the whole or any
part of the property; (b) A creditor having a
lien by virtue of an attachment, judgment or mortgage on the property
sold, or on some part thereof, subsequent to the lien under which the
property was sold. Such redeeming creditor is termed as redemptioner.
TEXT
The successor-in-interest contemplated under Sec. 27
includes a person to whom the judgment debtor has
transferred his right of redemption, or one to whom he has
conveyed his interests in the property for purposes of
redemption, or one who succeeds to his property by
operation of law, or a person with a joint interest in the
property, or his spouse or heirs.
TEXT
It is improper to issue a writ of possession when there has
been a redemption made by the judgment debtor, as in
this case, considering that it would be very difficult to
implement the same.
TEXT
Even assuming that one is legally entitled to a writ of
possession, the mere issuance of such writ cannot
summarily evict from the subject property since they are
occupants therein under claim of ownership.
TEXT
Sec. 33. Deed and possession to be given at expiration of
redemption period; by whom executed or given. x x x. x x
x The possession of the property shall be given to the
purchaser or last redemptioner by the same officer unless
a third party is actually holding the property adversely to
the judgment obligor. (Emphasis ours)
IMPORTANT POINT: GENERAL RULE AND EXCEPTION
TEXT
THANK YOU.