JURISDICTION VENUE

the authority to hear and determine a case the place or geographic location where the
case is to be heard or tried / deals with
locality
matter of substantive law matter of procedural law
fixed by law and cannot be conferred by
the parties
may be conferred or agreed upon by the
parties
cannot be waived except jurisdiction over
the person
waivable
establishes a relation between the court and
the subject matter
establishes a relation between the plaintiff
and the defendant
limitation on the plaintiff limitation on the court
deals w/ substance deals w/ convenience
JURISDICTION OF THE COURTS
JURISDICTION OF THE SUPREME COURT
1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and consuls;
petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with
R!".
#. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower
courts in:
$" !ases in which the constitutionality or validity of any treaty, international or executive
agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in %uestion;
&" !ases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed
thereto;
!" !ases involving the jurisdiction of lower courts;
'" $ll criminal cases in which the penalty imposed is reclusion perpetua or higher;
(" $ll cases in which only an error or %uestion of law is involved.
))) he *! is a court of last resort and must so remain if it is to satisfactorily perform the functions assigned to it by
the fundamental charter and immemorial tradition.
))) 'octrine of +ierarchy of !ourts must always be observed
JURISDICTION OF THE COURT OF APPEALS
1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction
(concurrent with *! and R!s"
#. EXCLUSIVE oriin!" jurisdiction over actions for annulment of judgments of R!s.
,. EXCLUSIVE !##$""!t$ jurisdiction over all final judgments, decisions, resolutions, orders or awards
of R!s and %uasi-judicial agencies, bodies, or commissions,
EXCEPT those which fall within the appellate jurisdiction of the *!, namely.
a. !/0(1(!;
b. !ommission on $udit;
c. *andiganbayan.
PO%ER o& t'$ CA to R$c$i($ $(id$nc$ "i)it$d on"* to
1. /riginal actions
(x. $nnulment of judgment, certiorari, prohibition
#. $ppealed cases but limited only to 0otion for 2ew rial on the ground of newly discovered evidence
,. 3hen provisional remedies are granted
4 !ould receive evidence on the damages arising from the commission of an offense
JURISDICTION OF THE REGIONAL TRIAL COURTS
I+ EXCLUSIVE ORIGINAL
A+ CIVIL CASES
1" !ases where the subject of the litigation is incapable of pecuniary estimation;
#" 5nvolving the title to, or possession of, real property, or any interest therein, where the assessed
value of the property involved exceeds 6#7,777/ 687,777, EXCEPT actions for forcible entry and
unlawful detainer;
," $ll actions in admiralty and maritime jurisdiction where the demand or claim exceeds
6#77,777/6977,777;
9" 6robate proceedings, both testate and intestate, where the gross value of the estate
6#77,777/6977,777;
8" 5n all actions involving the contract of marriage and marital relations;
:" 5n all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
jurisdiction;
;" 5n all civil actions and special proceedings falling within the exclusive original jurisdiction of a
<uvenile and 'omestic Relations !ourt and of the !ourt of $grarian Relations as now provided by
law; and
=" 5n all other cases in which the demand, exclusive of interest, damages of whatever >ind,
attorney?s fees, litigation expenses, and costs or the value of the property in controversy exceeds
6#77,777/6977,777;
))) GROSS VALUE means the value of the assets without deducting the liabilities
T$st, Actions Inc!#!-"$ o& P$cuni!r* Esti)!tion
5n determining whether an action is one of the subject matter of which is not capable of pecuniary
estimation this court has adopted the criterion of ascertaining the nature of the principal action/remedy sought. If it
is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation and
whether jurisdiction is in the 0unicipal !ourts (now 0!" or in the !@5 (now R!" would depend on the amount of
the claim. +owever, where the basic issue is something other than the right to recover a sum of money; where the
money claim is purely incidental to, or a consequence of the principal relief sought, this court has considered such
action as cases where the subject of the litigation may not be estimated in terms of money and cogniAable
exclusively by the R!. RAYMUNDO vs. COURT OF APPEALS(213 SCRA 457)
CRITERION,
4 5f it is primarily for the recovery of a sum of money, claim is considered capable of pecuniary estimation
+/3(B(R, where the basic issue is something other than the right to recover a sum or money or where the
money claimed is purely incidental to or a conse%uence of the principal relief sought, then it is not capable of
pecuniary estimation. (xamples.
1. *pecific performance
#. $ctions for support
,. $nnulment of judgment
9. @oreclosure of mortgage
8. $nnulment of a document
:. $ction to %uestion the validity of mortgage
))) $n action for annulment or rescission of a contract is not susceptible of pecuniary estimation
))) $lternative prayer of specific performance or sum of money is an action capable of pecuniary estimation
))) &reach of contract with prayer for sum of money as damages is an action incapable of pecuniary estimation
))) Right to expropriate is not capable of pecuniary estimation even if the value of the property is less than 6 #7 or
6 87
))) *ince the right of support is not capable of pecuniary estimation, it is not within the jurisdiction of the 0!
))) 0! cannot grant support pendente lite, except criminal cases (: yrs below"
B. CI!I"#$ C#%E%
$ll criminal cases not within the exclusive jurisdiction of any court, tribunal, or body
EXCEPT those within the jurisdiction of the *andiganbayan.
.B& RTC '!s jurisdiction o($r cri)in!" c!s$s .'$r$ t'$ #$n!"t* i)#os!-"$,
1. (xceeds 9 years # mos 1 day imprisonment, irrespective of fine
#. (xceeds fine of 69777, if only a fine is imposable
!an"ano vs. #alera
1ibel is punishable by prision correcional in its minimum and medium periods. R.$.
;:C1 places jurisdiction over criminal cases where the penalty is : years or less with the
0!s. +owever, $rt. ,:7 of the R6! gives jurisdiction over libel cases to the R!. *pecial
law (R6!" must prevail over general laws (R$ ;:C1". $lso, from the provisions of R.$. ;:C1,
there is no manifest intent to repeal or alter the jurisdiction in libel cases.
55. ORIGINAL
$" 5ssuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction
which may be enforced in any part of their respective regions (concurrent with *! and !$".
&" 5n actions affecting ambassadors and other public ministers and consuls (concurrent with *!".
!" /ver offenses committed 2/ in relation with public office with imprisonment exceeding : years
committed by public officers classified as salary grade #; or higher
'" /ver election contests for municipal offices.
555. APPELLATE
$ll cases decided by the lower courts (0!s" in their respective territorial jurisdictions.
$TE: no trial de novo; case is decided on the basis of decision and supporting affidavits.
))) (ven when the issue raised on appeal is a pure %uestion of law, one must appeal from the 0! to the R! in
both civil and criminal cases
4 hen to !$
))) &D, if one is going to raise only %uestions of law, from the judgment of the R! in the exercise of its /riginal
jurisdiction go straight to the *! (Rule 98"
))) +owever, if both %uestions of law E %uestion of fact F to !$
JURISDICTION OF THE FAMIL/ COURTS 0R+A+ 12345
F!)i"* Courts s'!"" '!($ $6c"usi($ oriin!" jurisdiction to '$!r !nd d$cid$ t'$ &o""o.in c!s$s,
%& Criminal cases w'ere:
$" /ne or more of the accused is below eighteen (1=" years of age but not less than nine (C"
years of age, /R
&" /ne or more of the victims is a minor at the time of the commission of the offense.
Provided, hat if the minor is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the accused may have incurred. The sentence, however, shall be suspended
without need of application pursuant to the G!hild and Houth 3elfare !odeG;
#" 6etitions for guardianship, custody of children, habeas corpus in relation to the latter;
," 6etitions for adoption of children and the revocation thereof;
9" Complaints 'for()
$" $nnulment of marriage
&" 'eclaration of nullity of marriage
!" hose relating to marital status and property relations of.
5" +usband and wife /R
55" hose living together under different status and agreements, $2'
8" 6etitions for dissolution of conjugal partnership of gains;
:" 6etitions for support and/or ac>nowledgment;
;" *ummary judicial proceedings brought under the provisions of the G@amily !ode of the
6hilippinesG;
=" Petitions for)
$" 'eclaration of status of children as
5" $bandoned
55" 'ependent /R
555" 2eglected children
&" Boluntary or involuntary commitment of children;
!" he suspension, termination, or restoration of parental authority and other cases cogniAable
under G!hild and Houth 3elfare !odeG, (xecutive /rder 2o. 8:, (*eries of 1C=:", and other
related laws;
C" 6etitions for the constitution of the family home;
17" !ases against minors cogniAable under the 'angerous 'rugs $ct, as amended;
Biolations of Republic $ct 2o. ;:17, otherwise >nown as the G*pecial 6rotection of !hildren $gainst
!hild $buse, (xploitation and 'iscrimination $ct,G as amended by Republic $ct 2o. ;:8=; and
11" !ases of domestic violence against.
3omen
$cts of gender based violence that results, or are li>ely to result in physical, sexual or
psychological harm or suffering to women; and other forms of physical abuse such as
battering or threats and coercion which violate a woman?s personhood, integrity and freedom
of movement; $2'
!hildren
5ncludes the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.
))) 5f an act constitutes a criminal offense, the accused shall be subject to criminal proceedings and the
corresponding penalties.
))) 5f any %uestion involving any of the above matters should arise as an incident in any case pending in
the regular courts, said incident shall be determined in that court.
))) 'ecisions and orders of the court shall be appealed in the same manner and subject to the same
conditions as appeals from the ordinary Regional rial !ourts.
JURISDICTION OF THE MUNICIPAL TRIAL COURTS7 METROPOLITAN TRIAL COURTS AND THE MUNICIPAL
CIRCUIT TRIAL COURTS
$. EXCLUSIVE ORIGINAL
1. CIVIL CASES
1" !ivil actions and probate proceedings, testate and intestate, including the grant of
provisional remedies where the demand, exclusive of interest, damages, attorneyIs fees
and costs, does not exceed 6177,777/#77,777.
#" (xclusive original jurisdiction over cases of forcible entry and unlawful detainer; issue of
ownership resolved only to determine issue of possession.
$fter lapse of 1 year, 0! loses jurisdiction, and case becomes one for recovery of
possession de *ure (accion publicicana", although 0! may still have jurisdiction if value of
property does not exceed 6#7,777/87,777.
," $ctions involving personal property valued at not more than 6177,777/#77,777.
9" $ctions involving title or possession of real property where the assessed value does not
exceed 6#7,777/87,777.
#. CRIMINAL CASES
1" Biolations of city or municipal ordinances.
#" $ll offenses punishable with not more than 9 years # mos 1 day imprisonment, irrespective
of fine.
," $ll offenses punishable by only a fine of not more than 69,777.
9" /ffenses involving damage to property through criminal negligence.

,. ELECTION CASES
1" /ffense of failure to register or failure to vote.
#" (lection contests for barangay offices.
&. DELEGATED JURISDICTION in cadastral and land registration cases covering.
1. 1ots where there is no controversy or opposition; OR
#. !ontested lots the value of which does not exceed 6177,777.
decisions of the 0! in these cases are appealable to the !$
JURISDICTION OF THE HOUSING AND LAND USE REGULATOR/ 8OARD 0HLUR85
EXCLUSIVE jurisdiction o($r
1" Dnsound real estate business practices
#" !laims involving refund and any other claims filed by subdivision lot or condominium unit buyer
against the project owner, developer, dealer, bro>er, or salesman
," !ases involving specific performance of contractual and statutory obligations filed by buyers of
subdivision lots or condominium units against the owner, developer, dealer, bro>er, or salesman
JURISDICTION OF THE ()T)R*+)+ P)!B)R)+), 0UNDER THE LOCAL GOVERNMENT CODE OF 94495
1. 2o complaint, petition, action or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office for adjudication, unless)
$" here has been a confrontation between the parties before the lupon chairman or pang+at,
$2'
&" hat no conciliation or settlement has been reached as certified by the lupon,pang+at
secretary as attested to by lupon chairman or pang+at chairman, or unless such settlement has
been repudiated by the parties thereto
#. -isputes su.ject to Conciliation Re/uirement: $ll disputes between parties actually residing in
the same city or municipality
+/3(B(R, the court in which non-criminal cases not falling within the authority of the 1upon may, at
any time before trial, refer the case to the lupon for amicable settlement.
))) Jatarungang 6ambarangay hears the case only for mediation and conciliation but they will not resolve the
same. +ence, failure of the Jatarungang 6ambarangay to obtain settlement or agreement from the contesting
parties, they shall certify the same and refer it to court for resolution.
,. EXCEPTIONS TO CONCILIATION RE:UIREMENT (*! !ircular 19-C,"
$" 3here one party is the government, or any subdivision or instrumentality thereof;
&" 3here one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
!" 3here the dispute involves real properties located in different cities and municipalities, unless
the parties thereto agree to submit their difference to amicable settlement by an appropriate
$upon;
'" $ny complaint by or against corporations, partnerships or juridical entities, since only individuals
shall be parties to -arangay conciliation proceedings either as complainants or respondents
(*ec. 1, Rule B5, .atarungang Pambarangay Rules";
(" 'isputes involving parties who actually reside in barangays of different cities or municipalities,
EXCEPT.
1" 3here such barangay units adjoin each other, $2'
#" he parties thereto agree to submit their differences to amicable settlement by an
appropriate $upon;
@" /ffenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1"
year or a fine over five thousand pesos (68,777.77";
K" /ffenses where there is no private offended party;
+" 'isputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following.
1" !riminal cases where accused is under police custody or detention;
#" 6etitions for habeas corpus by a person illegally deprived of his rightful custody over another
or a person illegally deprived of his liberty or one acting in his behalf;
," $ctions coupled with provisional remedies such as preliminary injunction, attachment, delivery
of personal property and support during the pendency of the action; $2'
9" $ctions which may be barred by the *tatute of 1imitations.
5" $ny class of disputes which the 6resident may determine in the interest of justice or upon the
recommendation of the *ecretary of <ustice;
<" 3here the dispute arises from the !omprehensive $grarian Reform 1aw (!$R1" (*ections. 9: E
9;, R.$. ::8;";
J" 1abor disputes or controversies arising from employer-employee relations (!ontoya vs& Escayo,
et al&, 1;1 *!R$ 99#; $rt. ##:, 1abor !ode, as amended, which grants original and exclusive
jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices
of the 'epartment of 1abor and (mployment";
1" $ctions to annul judgment upon a compromise, which may be filed directly in court.
VENUE OF PROCEEDINGS,
Situation Venue
6arties reside in same barangay hat barangay
6arties reside in different barangays -arangay where respondent, or any of the
respondents, actually resides, at the option
of the complainant
'isputes involving real property or interest
therein
-arangay where property is situated
'isputes arising at the wor>place where
the contending parties are employed, or at
the institution where such parties are
-arangay where such wor>place or
institution is located
enrolled for study
)))) /bjections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, they are deemed waived. 1egal %uestions that might arise in resolving such objections before
the punong barangay are to be submitted to the *ecretary of the '/<, whose ruling shall be binding.
))) Residence alone without membership in the barangay would not be an accurate and reliable criterion in
applying the J6 1aw. *uch residence may be actual but only transient or merely temporary such as a guest.
3hile membership alone, without actual residence in a barangay will also not serve the avowed purpose of J6
1aw for lac> of common bond and sense of belonging fostered in member of an identified aggroupment. hus,
it only applies to members who actually reside therein.
8. EFFECT OF NON;COMPLIANCE.
$" 'ismissal upon motion of defendants for failure to state cause of action or prematurity; /R
&" *uspension of proceedings upon petition and referral of case motu proprio to appropriate
barangay authority.
))) Refusal or willful failure to appear shall bar complainant from see>ing judicial recourse for the same course of
action, and the respondent from filing any counterclaim.
))) @ailure of a party to specifically allege the fact that there was no compliance with the barangay conciliation
procedure constitutes a waiver of that defense
))) &rgy. !onciliation is not applicable to corporations, partnerships, estates or intestate estates
FERNANDEZ vs. MILITANTE (161 SCRA 695)
his !ourt has repeatedly ruled that the conciliation process at the &arangay level is a condition precedent for
filing of actions before the regular trial courts and ordinarily, non-compliance therewith could affect the sufficiency of
plaintiffIs cause of action and ma>e his complaint vulnerable to dismissal on the ground of lac> of cause of action or
prematurity. @ailure to raise it as a defense in the answer or in a timely motion to dismiss is deemed a waiver of
such precondition.
))) !onciliation process in J6 1aw is mandatory and a pre-condition for the filing of a case in court, but it is not a
jurisdictional re%uirement so that non-compliance therewith cannot affect the jurisdiction already ac%uired by
the court.( roya!s vs. "AC)
:. PROCEDURE FOR AMICA8LE SETTLEMENT.
$" !omplainant pays appropriate filing fees, and shall complain, orally or in writing, to the lupon
chairman of the barangay;
-/ $upon chairman shall ma>e attempts at mediation; if he fails within 18 days from date of first
meeting, he shall set a date for the constitution of a pang+at ng tagapagsundo (, members;
chosen by the parties from the list of the members of the lupon"
C/ Pang+at shall have power to issue summons, and shall hear both parties and their witnesses,
and attempt to arrive at an amicable settlement. 3ithin 18 days from the day it convenes, it shall
arrive at said settlement or resolution of the dispute.
'uring the 18-day period when the dispute is under mediation, the prescriptive periods for
offenses, and for causes of action shall be interrupted upon filing of the complaint with the
punong barangay. %aid interruption shall not e0ceed 12 days from said filing&
5n all proceedings, parties must appear in person without the assistance of counsel or
representatives, EXCEPT for minors and incompetents who may be assisted by their next-of->in
who are not lawyers.
))) 1awyers cannot appear for and behalf of the parties unless they are party to the dispute
;. $micable settlement shall have the force and effect of a final judgment upon the expiration of 17 days
from date of amicable settlement, unless)
a. It is repudiated, or
))) Repudiation must be done within 17 days, by filing a sworn statement with the lupon chairman;
))) $n award or settlement may be repudiated by a sworn statement that consent was obtained by fraud, violence
or intimidation
4 here is no need to prove fraud, violence or intimidation
4 he affidavit would be enough to set it aside
))) *uch repudiation is a sufficient basis for the issuance of a certification for filing a complaint with the
court.
b. # petition to nullify the settlement is filed in the proper city or municipal court
he settlement agreed upon does not have the force and effect of a final judgment when the
dispute is not within jurisdiction of the lupon but submitted to it. 5n this case, the compromise
agreed upon by the parties before the lupon/pang>at chair shall be submitted to the court and
upon approval thereof, shall have the force and effect of a judgment of said court.
CONCILIATION PROCEEDINGS, <!t!run!n P!)-!r!n!* (s+ Pr$;Tri!"
<P, 1awyers are prohibited from appearing
PT, 1awyers are allowed to appear and represent
<P, $ party who does not appear durng the barangay conciliation proceedings may be subject to arrest
PT, 2o arrest, but may be declared Las in defaultM
=+ EXECUTION OF AMICA8LE SETTLEMENT,
a. 3ithin : months from date of settlement. by the lupon&
b. hereafter, by action in the appropriate city of municipal court
C. CERTIFICATION OF B)R)+), AUTHORITIES (for filing a complaint in court" shall be issued only upon
complying with the following re/uirements:
a" 5ssued by lupon secretary and attested by lupon chairman/ punong barangay, that
confrontation too> place and conciliation settlement was reached, but subse%uently repudiated.
b" 5ssued by pang+at secretary and attested by pang+at chairman, that.
i" here was a confrontation but no settlement; /R
ii" here was no personal confrontation without any fault on the part of the complainant.
)))) 5ssued by the Punong -arangay, as re%uested by the proper party, on the ground of failure of
settlement, where the dispute involves members of the same indigenous cultural community, which
shall be settled in accordance with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there
has been no settlement as certified by the datu or tribal leader or elder, to the Punong -arangay of
the place of settlement.
5f mediation or conciliation proved unsuccessful before punong barangay there having been no
agreement reached to conciliate, /R respondent failed to appear before punong barangay,
Punong -arangay shall not issue the certification (because now mandatory for him to constitute
the Pang+at before whom mediation, conciliation, or arbitration proceedings shall be held."
<DR5*'5!5/2 /@ +( *$2'5K$2&$H$2
$. ORIGINAL
#iolations of:
1" L$nti-Kraft and !orrupt 6ractices $ctM;
#" R.$. 1,;C (L$n $ct 'eclaring @orfeiture in @avor of the *tate of $ny 6roperty @ound to +ave
&een Dnlawfully $c%uired &y $ny 6ublic /fficer or (mployee and 6roviding for the 6roceedings
hereforM"; or
," itle B55, !hapter 55, N # of the R6! (i&e&, $rticles #17-#1# of R6!"
0'ere one or more of t'e accused are officials occupying t'e following positions
in t'e government, w'et'er in a permanent, acting or interim capacity, at t'e time
of t'e commission of t'e offense:
$" /fficials of executive branch occupying positions classified as Krade #; or higher,
specifically including.
1" 6rovincial governors, vice-governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other provincial
department heads;
#" !ity mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors, engineers and other city department heads;
," /fficials of the diplomatic service occupying the position of consul and higher;
9" 6hilippine army and air force colonels, naval captains, and all officers of
higher ran>;
8" /fficers of the 6hilippine 2ational 6olice while occupying the position of
provincial director and those holding the ran> of senior superintendent or higher;
:" !ity and provincial prosecutors and their assistants, and officials and
prosecutors in the /ffice of the /mbudsman and special prosecutor;
;" 6residents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations;
&" 0embers of !ongress and officials thereof classified as Krade #; or higher
!" 0embers of the <udiciary, without prejudice to the provisions of the !onstitution (on
impeachment"
'" !hairmen and members of the !onstitutional !ommissions, without prejudice to the
provisions of the !onstitution
(" $ll other national and local officials classified as Krade #; or higher; or
/ther offenses or felonies, committed by public officials and employees mentioned in O1,
in relation to their office, whether simple or complexed with other crimes
@" !ivil and criminal cases filed pursuant to and in connection with (xecutive /rder 2os.
1, #, 19 and 19-$ series of 1C=:.
REPUBLIC vs. ASUNCION (231 SCRA 211)
@or the *andiganbayan to have exclusive jurisdiction over the offense, there must be an allegation that the
accused or one of the accused has a salary range of at least #; and that he committed the crime in relation to
office. 5f there is no such allegation, the R!/0! has exclusive jurisdiction over the offense. +owever, if in the
course of the trial, it is discovered that the accused has a salary range of #; and that he committed the crime in
relation to his office, the case should be transferred to the *andiganbayan. 5t does not matter whether the case has
already been submitted for decision of the court or not.
))) 6etitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions
and other ancillary writs and processes in aid of its appellate jurisdiction. provided, that the jurisdiction
over these petitions shall not be exclusive of the *upreme !ourt and over petitions of similar nature,
including quo warranto, arising or that may arise in cases failed or which may be filed under (xecutive
/rder 2os. 1, #, 19 and 19-$ (concurrent with *!"
)))) he power of the *andiganbayan to issue writs of !ertiorari, 6rohibition and 0andamus is only in aid of its
appellate jurisdiction
4 hat is if the case is appealable to the *& for review
5f the last element, namely, Lin relation to his officeM is absent or is not alleged in the
information, the crime committed falls within the exclusive original jurisdiction of ordinary
courts and not the *&.
SANCHEZ vs. DEMETRIOU (G.R. N. 111!!1"!! Nv#$%#& 9' 1992)
$ crime or offense is said to have been committed in relation to the office of the offender where. (a" there
is a direct relation between the commission of the crime and the office of the accused such that the public office is
an essential element of the crime charged. 5n fine, the offense cannot stand independently of the office; (b" the
commission of the crime was intimately connected with the performance of the official functions of the accused and
perpetrated while in the performance of though improper or irregular of his official functions.
$ crime is committed in relation to office if the offense is intimately connected with the office of the offender
and perpetrated while he was in the performance of his official functions. he intimate relation between the offense
charged and the discharge of official functions must be alleged in the information.
&. EXCLUSIVE APPELLATE
5f none of the principal accused are occupying positions of grade #; or higher, original
jurisdiction will be with either the 0! or R!; *& will exercise exclusive appellate jurisdiction on
said cases.
he procedure prescribed in &6 &lg. 1#C, as well as the implementing rules that the *upreme
!ourt has promulgated and may hereafter promulgate, relative to appeals/petitions for review to
the !ourt of $ppeals shall apply to appeals and petitions for review filed with the *andiganbayan.
!. NOTES,
))) 6rivate individuals charged as co-principals, accomplices or accessories with the public
officers or employees, including those employed in K/!!s, shall be tried jointly with said public
officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.
))) $ny provisions of law or Rules of !ourt to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense charged
shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding
by the *andiganbayan or the appropriate court, and no right to reserve the filing of such civil
action separately from the criminal action shall be recogniAed.
D$cisions o& t'$ S!ndi!n-!*!n,
a. $ppealable to the *! by petition for review on certiorari raising pure %uestions of law in
accordance with Rule 98 of the Rules of !ourt;
b. 5f *& imposes penalty of reclusion perpetua or higher, the decision shall be appealable to the
*! by 2otice of $ppeal;
c. 5f penalty imposed is death, review by the *upreme !ourt shall be automatic, whether or not
the accused filed an appeal.
JURISDICTION OF THE COURT OF TAX APPEALS
EXCLUSIVE APPELLATE JURISDICTION o($r,
1" 'ecisions of the !ollector of 5nternal Revenue in cases involving disputed assessments, refunds
of taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under
the 25R!;
#" 'ecisions of the !ommissioner of !ustoms in cases involving liability for customs duties, fees or
other money charges; seiAure, detention or release of property affected; fines, forfeitures, or other
matters arising penalties imposed in relation thereto; and other matters arising under the !ustoms
1aw; and
," 'ecisions of provincial or city &oards of $ssessment $ppeals in cases involving the assessment
and taxation of real property or other matters arising under the $ssessment 1aw.
#ao v. CA (reiterated in -ureau of Customs v& 3gario, 0arch #777"
R!s are devoid of any competence to pass upon the validity or regularity of seiAure and
forfeiture proceedings conducted by the &ureau of !ustoms and to enjoin or otherwise interfere with
these proceedings. he !ollector of !ustoms sitting in seiAure and forfeiture proceedings has e0clusive
*urisdiction to hear and determine all %uestions touching on the seiAure and forfeiture of dutiable goods.
he Regional rial !ourts are precluded from assuming cogniAance over such matters even through
petitions of certiorari, prohibition or mandamus. he proper remedy is to appeal to the !ommissioner of
!ustoms and thereafter to the !ourt of ax $ppeals.
=5 PA/MENT OF THE DOC<ET FEES
)ssessment of -oc1et fees
GEN+ RULE, !omplaints or petitions must specify the amount of damages being prayed for in the
body and the prayer of the said initiatory pleading because such amount shall be assessed for filing
fees
Effect of 2ailure to 3tate t'e )mount of -amages Resulting to *nderpayemnt of -oc1et 2ees
a. *hall not be accepted for filing
b. *hall be expunged from the record of the !ourt
c. !annot be cured by amendment such as reducing the claim in the compliant since there is no
original complaint over which the court has ac%uired jurisdiction
MODIFICATION OF THE GENERAL RULE, (S$% "%s$ra%&! O''(&! L)*. +s. As$%&(o%, 17- SCRA
234)
444 If filing of complaint or petition is not accompanied by the payment of the doc+et fees the court
may allow the payment of the fee within a reasonable period but not beyond the applicable
prescriptive period or reglementary period
5-6T court only acquires *urisdiction only upon full payment
444 %ame rules apply to permissive counterlaims, 7
rd
party claims and similar pleadings
444 8hen the trial court acquires *urisdiction over a claim by the filing of the pleadings and doc+et
fees, the judgment awards a claim not specified in the pleadings or if specified, the same has been
left to the determination of the court. he additional filing fee shall constitute a lien on the judgment.
EXCEPTION,
1. (ven if the body of the complaint is silent as to the exact amount of damages, the prayer did
specify the amount, these amounts are definite enough for the cler> of court to compute the doc>et
fees payable. he amount claimed need not be initially stated with mathematical precision.(Ng Soon
vs. Alday)
#. 5n an action involving real property with related claims for damages where the fees have been
paid but the claim for related damages is unspecified in the complaint, the same will not be
dismissed by the court but the court can simply expunge the claim for related damages or on motion,
allow the exact amount and complete and pay the difference in the fees. (Tacay vs. RTC of Tagum)
,. 'amages should arise after the filing of the complaint which although not specified because the
plaintiff cannot speculate thereof, the same has been left for determination by the court. (Ayala corp.
vs. Madayag)
))) 3here the court awards claims not specified in the pleadings such as damages arising after the filing of the
complaint, the additional filing fees therefor shall constitute a lien on the judgment
)ctual payment of -oc1et 2ees:
GEN+ RULE, he case is deemed filed only upon payment of the doc>et fees and the court ac%uires
jurisdiction over the case upon full payment thereof.
EXCEPTION, 3here there is an under assessment of doc>et fees to be paid due to an initially
honest difference of opinion as to the nature of action, plaintiff was permitted to subse%uently
complete the payment by paying the difference.(Magaspi vs. Ramolete)
))) If the case is dismissed, the plaintiff cannot recover doc>et fee
))) #n action can be commenced by filing the complaint by registered mail. 5t is the date of mailing that
is considered as the date of filing, and not the date of the receipt thereof by the cler> of court.
))) 8hen the pleading is amended, the original pleading is deemed abandoned. he original ceased to perform
any function as the pleading and the case stands for trial on the amended pleading only. he additional doc+et fees
should be based on the petitionerIs amended complaint.
Addition!" d$&$nd!nt
))) 5t is the date of the filing of the amended complaint joining the additional defendant, which is the date of the
commencement of the action with regard to such additional defendant.
))) 5f $nswer is already filed E served, there is a need for a 0/5/2
))) he amount of damages in the body or prayer of the pleading must enable the cler> of court to
compute the doc>et fees re%uired. hey need not be mathematically precise, and can be appraised
Pmore or less.I he party is allowed to ma>e an initial payment of the filing fees corresponding to the
estimated amount of the claim subject to adjustment as to that may later be proved.
))) (ven if the value of a property is immaterial in the determination of the courts jurisdiction, it should however be
considered in the determination of the amount of doc>et fee
S$ction 3+ Construction+
GENERAL RULE, 1iberal construction .
EXCEPTIONS, a. reglementary periods
b. rule on forum shopping
EXCEPTION TO THE EXCEPTION,
))) he *! in some cases liberally gave due course to appeal perfected out of time only to serve the demands of
JURISDICTION (s+ EXERCISE OF JURISDICTION
Jurisdiction
4 6ertains to the authority to hear and decide cases
E0ercise of *urisdiction
4 $ny act of the court pursuant to such authority including the decision and its conse%uences. hus decision is
but a mere exercise of jurisdiction.
)ut'ority to decide and not t'e decision t'at ma1es up jurisdiction (*! a &r$. vs. /o(r)
o distinguish jurisdiction and exercise of jurisdiction, the authority to decide a case at all and not the
decision rendered therein is what ma>es jurisdiction. 3here there is jurisdiction, the decision of all
%uestions arising in the case is but an exercise of jurisdiction
RE:UISITES FOR VALID EXERCISE OF JURISDICTION+

9+ Jurisdiction o($r t'$ P$rson
45f this re%uisite is ac%uired, the person concerned shall be bound by the decision of the court
a. $ver Plaintiff or Petitioner:
1. @iling the complaint or petition
#. @iling of initiatory pleadings before the court by the plaintiff or petitioner
-+ /ver 'efendant or Respondent
1. Boluntary appearance by the defendant in court
#. *ubmission by the defendant to the court
i.e. $ny overt act by which the defendant ac>nowledges the authority of the court over his person
which is e%uivalent to summons, such as the filing of a responsive pleading
,. !oercive process issued by the court to him generally by the service of summons
=+ Jurisdiction O($r t'$ Su-j$ct M!tt$r
))) his re%uisite is conferred by law providing the class of cases which the concerned may only
ta>e cogniAance of and cannot be conferred on the court by the voluntary act or agreement of
the parties
2+ Jurisdiction O($r t'$ Issu$s o& t'$ C!s$
This requisite is either determined or conferred by)
a. he pleadings filed in the case by the parties or
b. heir agreement in pre-trial order or by stipulation or
c. heir implied consent in case of failure by the parties to object to evidence on an issue not
covered by the pleadings
>+ Jurisdiction O($r t'$ R$s or T'in Su-j$ct o& Liti!tion
))) his re%uisite is ac%uired by the actual or constructive seiAure by the court of the thing in
%uestion thus placing it in custodia legis or by provision of law
444 )s a general rule, %uestions of lac> of jurisdiction may be raised for the first time on appeal even if such issue
was not raised in the lower court.
DOCTRINE OF E:UITA8LE ESTOPPEL ()(0a/ vs. s(1o%23a%oy)
))) &y way of an e5ception, where the defendant never raised the issue of jurisdiction on lower court
despite several opportunities to do so and only after obtaining unfavorable decision therein, it is too late
for the loser to %uestion the jurisdiction of the court. &ased on e%uity and fair play, it is not right for a
party who has affirmed and invo>ed the jurisdiction of court in a particular matter to secure an
affirmative relief, to afterwards deny the same jurisdiction.
))) 5t is not right for a party who has affirmed and invo>ed the jurisdiction of a court in a particular matter to secure
an affirmative relief, to afterwards deny that same jurisdiction to escape penalty. 3e frown upon the Lundesirable
practiceM of a party submitting his case for decision and then accepting the judgment only if favorable, and attac>ing
it for lac> of jurisdiction when adverse.
))) $ party is estopped from assailing the jurisdiction of the court after submitting himself to its jurisdiction
4 R(0('H. 0R or 0otion to set aside order of default
))) <urisdictional issues in a case can be raised only during proceedings in said case and during appeal of said
case 2/ in a proceeding in another case and another court.
))) he jurisdiction of a court is determined by the allegations in the complaint or information and not by the
evidence presented
NOTE. he increase in the jurisdictional amounts from 6177 - 6#77 to 6#77-6977 under R$ ;:C1
interests, costs and damages of whatever >ind are not included in the determination of jurisdiction
$6c$#t when the main action or one of the causes of action is purely for damages, the amount of such
claim shall be considered in determining the jurisdiction of the court ( !ircular 7C-C9".
ERRORS in t'$ EXERCISE o& JURISDICTION
9& 6)C( $2 7*R83-8CT8$ 9 this case is not within the class of cases covered by the law granting jurisdiction
:& EXCE33 $2 7*R83-8CT8$ 9 the act was made outside of the limitations set by the rules or law within which
jurisdiction should be exercised
ERRORS IN THE EXERCISE OF JURISDICTION (s+ ERRORS OF JUDGMENT
9& )s to ature:
Errors in the e0ercise of *urisdiction pertains to acts of the court with grave abuse of discretion
amounting to excess or lac> of jurisdiction
Errors of ;udgment is an act of court arising from its decision of a case which does not amount to
excess or lac> of jurisdiction.
:& )s to Remedy )vaila.le:
Errors in the e0ercise of *urisdiction is correctible by petition for certiorari as special civil action under
Rule :8
Errors of ;udgment is correctible by an ordinary appeal
7& )s to Effect:
Errors in the e0ercise of *urisdiction ma>es the decision of the court void or voidable and causes loss of
jurisdiction
Errors of ;udgment ma>es the decision of the court reversible if prejudice has been caused thereby but
does not lose jurisdiction
*(! jurisdiction over cases falling under 6' C7#-$, *ec. 8 was expressly transferred to the R! by
the *ecurities Regulation !ode.
$ctions involving marriage and marital relations are now with the @amily !ourt under R$ =,:9.
<urisdiction of *andiganbayan under R$ =#9C depends on the nature of the position and nature of
the offense, but not on the penalty. (*alary Krade #; up"
(xpanded jurisdiction of the !ourt of $ppeals under R$;C7# includes appeal from all %uasi-judicial
bodies, including final resolutions of the !ivil *ervice !ommission (Revised $dmin. !ircular 1-C8" and
the 21R! ( St. Martin Funeral Homes vs. NRC)
DOCTRINE OF JUDICIAL STA8ILIT/- no court has the authority to interfere by injunction with the
judgment of another court of coordinate jurisdiction or to pass upon or scrutiniAe and much less declare
as unjust a judgment of another court (!ndustrial "nterprises !nc. vs. CA #$% SCRA %&')
RULE OF ADHERENCE TO JURISDICTION F jurisdiction once it attaches cannot be ousted by the
happening of a subse%uent event although of such character which could have prevented jurisdiction
from attaching in the first place
7urisdiction may .e lost upon t'e passage of curative statute :atlas fertili"er vs. avarro&
))) &y way of an exception, jurisdiction may be lost in the event of the passage of a new law treating the
subject proceeding and its flaws where the subject law is curative statute.
))) 6arties to a compromise agreement even if non-parties in the action cannot %uestion jurisdiction of the court
over their person (Da2$4a% !!&)r(& vs.Pa%o)
))) he jurisdiction of the court is determined by the value of the demand made in the complaint and not the value
of the transaction out of which the demand arose. (Cr$. vs. Ta%)
))) 7urisdiction cannot .e presumed. he averments of the complaint, ta>es as a whole, are what determine the
nature of the action and therefore, the courtIs jurisdiction. 5t cannot be fixed by the agreement of the parties; it
cannot be ac%uired through or waived, enlarged or diminished by, any act of omission of the parties; neither it
can be conferred by ac%uiescence of the court.(D! #!s$s vs. 5ar&(a)
))) $lthough a foreign corporation is not doing business here in the 6hilippines they may be sued for acts done
against persons in the 6hilippines. &y alleging non-jurisdictional grounds in its pleadings, the corporation
deemed to have waived lac> of jurisdiction and deemed to have submitted itself to the jurisdiction of the court
where it appeared. (6a%2 La1ora)or(!s "%&. vs. M!%*o.a, 157 SCRA 44)
Jurisdiction o& Court in P!rtition o& L!nd
))) $s a general rule, 0! has jurisdiction if the title is clear but in the case of ussel vs& -istil <72=
%C#/, where partition is dependent upon the annulment of declaration of heirs, said action is
considered incapable of pecuniary estimation and jurisdiction falls within R!.
Jurisdiction o& Court in E6#ro#ri!tion o& L!nd
))) 3here there is a %uestion of the right to expropriate before determining just compensation, it is
considered an action incapable of pecuniary estimation and jurisdiction falls within the R!.
Jurisdiction o& Court in For$c"osur$ o& Mort!$ In(o"(in L!nd
))) $s a rule in chattel mortgage, 0! has jurisdiction over it if the amount of property and amount of
mortgage debt falls within its jurisdictional amount. &y analogy, if value of land subject of mortgage
and mortgage debt falls within 0! jurisdictional amount, it can ta>e cogniAance of case.
S$ction 4+ S$r(ic$ o& jud)$nts7 &in!" ord$rs or r$so"utions+
MODES OF SERVICE ,
A+ JUDGMENTS7 FINAL ORDERS7 AND RESOLUTIONS
(a" &y personal service; or
(b" &y service by registered mail;
(c" &y service by publication, if party is summoned by publication and has
failed to appear in the action, judgment, final order or resolution.
hey can be served only under the three modes.
hey !$22/ be served by substituted service.
8+ PLEADINGS
1. personal service
(a" 'elivering personally a copy to the party or his counsel or;
(b" 1eaving a copy in counselIs office with his cler> or with a person having
charge thereof or;
(c" 1eaving the copy between = a.m. and : p.m. at the partyIs or counselIs
residence, if >nown, with a person of sufficient age and discretion
residing therein---if no person found in his office, or if his office is
un>nown, or if he has no office.
#. service .y mail
(a" 5f no registry service is available in the locality, of either sender or
addressee, service may be done by ordinary mail.
,. su.stituted service
(a" 'elivering the copy to the cler> of court
(b" 3ith proof of failure of both personal and service by mail.
))) 5t is only when the defendant cannot be served personally within a reasonable time that substituted service may
be resorted to and such impossibility of prompt service should be shown by stating that efforts have been made
personally and that such efforts have failed.
))) *ervice made on the party who is not authoriAed by the lawyer to receive any document is not a valid service
and the period to file an appeal or 0R will not start to rum until service is made on the lawyer himself.
S$ction 9?+ Co)#"$t$n$ss o& s$r(ic$+
9& Personal service
-by handling a copy to defendant; or
-tendering him copy if he refuses
-complete upon actual delivery
:& 3ervice .y ordinary mail,
!omplete upon expiration of 17 days after mailing, unless the court provides
otherwise.
7& service .y registered mail,
(a" !omplete upon actual receipt by the addressee; or
(b" $fter 8 days from the date he received the 1
st
notice of the postmaster,
whichever date is earlier.
))) 5n case of registered mail, in the absence of notice given by the postmaster to the addressee, the service is
deemed complete upon actual receipt
S$ction 99+ Prioriti$s in )od$s o& s$r(ic$ !nd &i"in+
E0cept with respect to papers emanating from the court, a resort to other modes must be
accompanied by a written explanation why the service or filing was not done personally.
Biolation of rule may be cause to consider the paper as not filed.
S$ction 9=+ Proo& o& &i"in+
))) @iling is proved by its existence in the record of the case. 5f it is not in the record, and.
8f filed personally: proved by the written or stamped ac>nowledgment of its filing by the cler>
of court on a copy of the same; or
8f filed .y registered mail: proved by -
(a" the registry receipt and
(b" he affidavit of the person who did the mailing.
S$ction 92+ Proo& o& s$r(ic$+
Proof of personal service:
(a" 3ritten admission of the party served; or
(b" /fficial return of the server; or
(c" $ffidavit of the party serving
:a& Proof of service .y ordinary mail:
$ffidavit of the person mailing
Proof of service .y registered mail:
(a" $ffidavit, and
(b" Registry receipt issued by the mailing office.
S$ction 9>+ Notic$ o& "is #$nd$ns+
NOTICE OF LIS PENDENS
1. A##"ic!-i"it* F applies to actions affecting the title or the right of possession of real property
#. M!nn$r F done by recording in the office of the registry of deeds of the province in which the property is situated
a notice of the pendency of the action
,. E&&$ct F from the time of filing such notice for record, a purchaser, or encumbrancer of the property deemed to
have constructive notice of the pendency of the action, and only of its pendency against the parties designated by
their real names
9. Grounds &or C!nc$""!tion F upon upon order of the court, after proper showing that.
a. @or the purpose of molesting the adverse party /R
b. hat it is not necessary to protect the rights of the party who caused it to be recorded.
))) 2otice of lis pendens cannot be cancelled on an ex parte motion or upon the mere filing of a bond by
the party on whose title the notice is annotated.
))) /nce a notice of lis pendens has been duly registered, any cancellation or issuance of the title of the land
involved as well as any subse%uent transfer or transactin affecting the same would have to be subject to the out
come of the litigation.
))) $n action for recovery of sum of money cannot be annotated as a notice of lis pendens because it does not
affect the property
))) $ &ond cannot be substituted for a notice of lis pendens
RULE 9>
SUMMONS
S$ction 9+ C"$r@ to issu$ su))ons+
S$ction =+ Cont$nts+
SUMMONS
- !ompulsory process issued by the court notifying the defendant that a case has been filed against him E
re%uiring him to file an answer within the reglementary period, otherwise judgment may be rendered against
him on the basis of the plaintiffs evidence only
PURPOSE OF SUMMONS, to ac%uire jurisdiction over the person of the defendant, and to give notice to
the defendant that an action has been commenced against him.
EFFECT ON NON;SERVICE, Dnless there is waiver, non-service or irregular service renders null and
void all subse%uent proceedings and issuances in the action from the order of default up to and including
the judgment by default and the order of execution.
))) 3here the defendant has already been served with summons on the original complaint, no further
summons is re%uired on the amended complaint if it does not introduce new causes of action.

&ut where the defendant was declared in default on the original complaint and the plaintiff
subse%uently filed an amended complaint, new summons must be served on the defendant on the
amended complaint, as the original complaint was deemed withdrawn upon such amendment.
COURT AC:UIRES JURISDICTION OVER,
1. P"!inti&&
4 @iling of the compliant
#. D$&$nd!nt
a. Boluntary submission
b. *ervice of summons with a copy of the complaint
S$ction A+ Issu!nc$ o& !"i!s su))ons+

ALIAS SUMMONS F is a writ issued by the court upon demand by the plaintiff when the original summon was not
served or have been lost
3ummons may .e served .y:
(a" *heriff
(b" *heriffIs deputy, or
(c" /ther proper court officers, or
(d" @or justifiable reasons, by any suitable person authoriAed by the court issuing the summons.
))) (numeration in section , is exclusive.
S$ction 3+ S$r(ic$ in #$rson on d$&$nd!nt+
<INDS OF SERVICE OF SUMMONS,
(1" PERSONAL,
$" +anding a copy to the defendant in person; /R
&" 5f he refuses to receive and sign for it, by tendering it to him

(#" SU8STITUTED,
$" 1eave copies at his residence, with person of suitable age and discretion residing therein;
/R
&" 1eave copies at defendantIs office/regular place of business, with competent person in
charge thereof.

(," 8* #u-"ic!tion
(9" any ot'er form of service as t'e courts deemed sufficient
))) he substituted service should be availed of only when defendant cannot be served promptly in person.
5mpossibility of prompt service should be shown by stating the efforts made to find the defendant personally and the
failure of such efforts. he statement should be made in the proof of service.(Ar!vao vs. 8$(a)a%)
0'en service .y pu.lication in a newspaper of general pu.lication allowed:
1" 5dentity of defendant un>nown
#" 3hereabouts of defendant un>nown and cannot be ascertained by diligent in%uiry
(a" and (b", applies to $2H action, even actions in personam
," 'efendant is non-resident and the suit is quasi in rem
9" 'efendant is temporarily out of the country and the suit is quasi in rem
ewspaper of general circulation :R) ;<<=, P- %>?@&
1" 6ublished for the dissemination of local news and general information
#" +as a bona fide subscription list of subscribers
," 6ublished at regular intervals
9" 2ot published for nor devoted to the interest of a particular group of persons
8" 0ust have been regularly published for at least # years before the date of the publication in
%uestion.
SERVICE OF SUMMONS ON DIFFERENT ENTITIES
$. *(RB5!( /2
(25H 35+/D
<DR5'5!$1
6(R*/2$15H
-upon any or all defendants being sued under common
name; or
-person in charge of office
&. *(RB5!( D6/2
052/R* $2'
52!/06((2*
-serve personally and on guardian or any person
exercising parental authority over him;
+/3.
5n case of minors. by serving upon the minor,
regardless of age, $2' upon his legal guardian, or also
upon either of his parents.
5n case of incompetents. by serving on him personally
$2' upon his legal guardian, but not upon his parents,
unless when they are his legal guardians
52 $2H (B(2, if the minor or incompetent has no legal
guardian, the plaintiff must obtain the appointment of a
guardian ad litem for him.
!. *(RB5!( D6/2
6R5*/2(R
- serve on officer having management of the jail or prison
'. *(RB5!( D6/2
'/0(*5! 6R5B$(
<DR5'5!$1 (25H
-o the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel.
) *ervice upon a person other than those mentioned is
invalid and does not bind the corporation.
-
(. *(RB5!( D6/2
@/R(5K2 6R5B$(
<DR5'5!$1 (25H
- serve on resident agent ; or if none;
- govIt official designated by law; or
- on any officer or agent of the corporation within the
6hilippines.
@. *(RB5!( D6/2
6D&15! !/R6/R$-
5/2*
- in case defendant is the Republic of the 6hilippines - by
serving upon the *olicitor Keneral
- in case of a province, city or municipality, or li>e public
corporations F by serving on its executive head, or on such
other officer or officers as the law or the court may direct.
K. (QR$-(RR5/-
R5$1 *(RB5!(
R$Buisit$s
1. defendant does not reside or is not found within the
6hil.
#. the action either.
a. affects the status of plaintiff;
b. relates to or the subject of which is property within the
6hilippines in which defendant has a lien or interest;
c. demands a relief which consists wholly or in part in
excluding the defendant from any interest in any
property within the 6hil; or
d. property of defendant has been attached in the 6hil.
Mod$ o& s$r(ic$
a. with leave of court served outside the 6hil. &y personal
service; or
b. with leave of court serve by publication in a newspaper
of general circulation, in which case copy of the summons
and order of court must also be sent by registered mail to
the last >nown address of defendant; or
c. any other manner the court deem sufficient.
+. *(RB5!( D6/2
R(*5'(2
(06/R$R51H /D
/@ +( 6+51
*ubstituted service or with leave of court, personal service
out of the 6hil. as under extraterritorial service
E.B. (ILLAROSA ) PARTNER CO. vs. HERMINIO I. BENITO* G.R. NO. 136+26 A,-,s. 6' 1999
he designation of persons or officers who are authoriAed to accept summons for a domestic corporation or
partnership is now limited and more clearly specified in *ection 11, Rule 19 of the 1CC; Rules of !ivil 6rocedure.
he rule now states Lgeneral managerM instead of only LmanagerM; Lcorporate secretaryM instead of LsecretaryM; and
LtreasurerM instead of Lcashier.M he phrase Lagent, or any of its directorsM is conspicuously deleted in the new rule.
$ strict compliance with the mode of service is necessary to confer jurisdiction of the court over a
corporation. he officer upon whom service is made must be one who is named in the statute; otherwise the service
is insufficient.
MILLENIUM INDUSTRIAL COM. CORP. vs. TAN /G.R. N. 131!2+. F#%&,0&1 22' 2333.4
*ummons is the means by which the defendant in a case is notified of the existence of an action against him
and, thereby, the court is conferred jurisdiction over the person of the defendant. 5f the defendant is a corporation,
Rule 19, N1, re%uire that service of summons be made upon the corporation?s president, manager, secretary,
cashier, agent, or any of its directors. he rationale of the rule is that service must be made on a representative so
integrated with the corporation sued as to ma>e it a priori presumable that he will realiAe his responsibilities and
>now what he should do with any legal papers received by him.
6etitioner contends that the enumeration in Rule 19, N1, is exclusive and that service of summons upon one
who is not enumerated therein is invalid. his is the general rule. 1, +owever, it is settled that substantial
compliance by serving summons on persons other than those mentioned in the above rule may be justified. 5n > ?
> Trading Corporation v& Court of #ppeals, we ruled that although the service of summons was made on a person
not enumerated in Rule 19, N1,, if it appears that the summons and complaint were in fact received by the
corporation, there is substantial compliance with the rule as its purpose has been attained.
5n Porac Truc+ing, Inc& v& Court of #ppeals, this !ourt enumerated the re%uisites for the application of the
doctrine of substantial compliance, to wit. <a/ there must be actual receipt of the summons by the person served,
i.e., transferring possession of the copy of the summons from the sheriff to the person served;<b/ the person served
must sign a receipt or the sheriff@s return; and <c/ there must be actual receipt of the summons by the corporation
through the person on whom the summons was actually served. he third re%uisite is the most important for it is
through such receipt that the purpose of the rule on service of summons is attained.
"ote) eceipt of summons cannot be inferred from the fact that the corporation filed a motion to dismiss
))) 0'ere t'e defendant is not a resident and t'e action is in personam, summons by publication is invalid or
being violative of the due process clause.
4 PlaintiffsA recourse, where personal service fails is to $$!+ properties of the defendant, +D*,
converting the suit to one 52 R(0 or RD$*5-52 R(0, and summons by publication will be valid.
))) 3here the plaintiffs fails to serve personally the summons, the court should not dismiss the action but should
order the case to be archived, so that the action will not prescribe until such time as the plaintiff succeeds in
ascertaining the defendants whereabouts or his property.
))) *ervice of summons on husband is not binding on wife who is a non-resident
))) he extra-territorial service of summons is not for the purpose of ac%uiring jurisdiction over the person of the
defendants who is a non-resident not found in the 6hilippines, but merely to comply with the re%uirements of
due process and fair play.
S$ction 9=+ S$r(ic$ u#on &or$in #ri(!t$ juridic!" $ntit*+
))) $ foreign corporation, even if it is 2/ doing business in the 6hilippines, may be sued for acts done
against persons in this country under the rationale that if it is not doing business here, it is also not
barred from see>ing redress from 6hilippine courts.
))) *ection 1# merely re%uires that the foreign corporation +$* R$2*$!(' business here.
))) 3here the defendant is a resident and the action is in personam, summons by publication is invalid
as being violative of the due process clause.
))) PlaintiffAs recourse, where personal service fails, is to attach properties of the defendant under Rule
8;, sec. 1 (f", thus, converting the suit to one in rem or quasi in rem, and summons by publication will be
valid.
4 8here plaintiff fails to or cannot do so, the court should not dismiss the action but should order the
case to be archived, so that the action will not prescribe until such time as the plaintiff succeeds in
ascertaining the defendantIs whereabouts or his properties.
CITIZENS SURETY vs. HERRERA (36 SCRA 369)
he action of petitioner being in personam, the court could not validly ac%uire jurisdiction on a non-
appearing defendant absent a personal service of summons within the forum. 'ue process of law re%uires personal
service to support a personal judgment and when the proceeding is strictly in perrsonam, personal service within
the state or voluntary appearance is essential to the ac%uisition of jurisdiction as to constitute compliance with the
constitutional re%uirements of due process. he proper recourse for the creditor in this situation is to locate the
property of the resident defendant debtor with un>nown address and cause them to be attached, the attachment
converts the action into a proceeding in rem or quasi in rem and the summons by publication may then be deemed
valid and effective
RETURN OF SUMMONS
9&82 C$!P6ETE 3ER#8CE Bwithin 8 days serve a copy of the return, personally or by registered mail, to.
a. he plaintiffIs counsel and
b. o the cler> of court who issued it, accompanied with proof of service
#. 82 08TA$*T BE8+ 3ER#E- $ ), $R )66 $2 TAE -E2E-)T3 F within 8 days, server shall also
serve a copy of the return to.
a. he plaintiffIs counsel stating the reasons for the failure of service
b. 5n such a case, or if the summons has been lost, the cler>, on demand of the plaintiff, may issue an alias
summons.
S$ction =?+ Vo"unt!r* !##$!r!nc$+
))) $ny form of appearance in court, by the defendant, by his agent authoriAed to do so, or by attorney,
is e%uivalent to service (Q!(6 where such appearance is precisely to object to the jurisdiction of the
court over the person of the defendant.
))) 5nclusion in a motion to dismiss of other grounds aside from lac> of jurisdiction over the person of the
defendant shall not be deemed a voluntary appearance.
MODES OF DISCOVER/
Ru"$s =2;=1 #ro(id$ &or t'$ DIFFERENT MODES OF DISCOVER/+
DISCOVER/ - is the procedure by which one party in an action is enabled to obtain before trial
>nowledge of relevant facts and of material evidence in the possession of the adverse party or of a
witness.
))) Rationale of discovery: to enable the parties to obtain the fullest possible >nowledge of the issues
and evidence long before the trial to prevent such trial from being carried on in the dar>.
))) 'iscovery is 2/ 0$2'$/RH but failure to avail carries sanctions in Ru"$s =A !nd =3.
<IND o&
DISCOVER/
MANNER C
TIME
TOD8/ %HOM
C PURPOSE
1" Ceposition pending
action upon oral or written
interrogatories
a" by leave of court after jurisdiction
obtained over the person or subject.
b" without leave after answer have
been served.
o any person whether a party or
not at the instance of any party.
6urpose. to get oral or written
admissions from a witness.
#" Ceposition before action a" by a verified petition in the court
of the place of residence of any
expected adverse party/
&y any person who desires to
perpetuate his own testimony or
that of another.
6urpose. future action
," Ceposition pending
appeal
&y leave of court if an appeal has
been ta>en or before ta>ing it
before expiration period
&y appelle or appellant
6urpose. for appeal or future
proceedings
9" Interrogatories a" by leave of court after jurisdiction
obtained over the person or subject
b" without leave after answer have
been served
&y and to any party desiring to
elicit material and relevant facts
6urpose. to elicit material and
relevant facts
8" equest for #dmission &y a written re%uest for admission
after issues have been joined
&y any party filed and served upon
adverse party
6urpose. for admission of.
a" Kenuineness of any material
documents
b" ruth of material facts
:" Production or inspection
of documents or things
Dpon motion to the court and
showing good cause with notice to
all
&y and to any party for
6urposes.
a" 6roduce, inspect and copy
documents, objects or things not
privilege and material evidence to
a case
b" (ntry and inspection of place.
;" Physical and mental
e0amination
Dpon motion to the court and
showing good cause with notice to
all mental or physical condition of a
party is in controversy.
&y any party against the party
whose mental or physical condition
is in controversy
6urposes. $scertain the physical or
mental condition of a party material
to the action
))) he various modes of discovery are clearly intended to be cumulative, and not alternative or mutually exclusive
))) @ishing expeditions are allowed in discovery, (Q!(6 in motions for productions of documents

PRINCIPAL 8ENEFITS IN MODES OF DISCOVER/
1. Kreat assistance in ascertaining the truth and preventing injury because the witness is not coached and
memory still fresh;
#. (ffective in detecting fa>e, fraudulent or sham claims;
,. *imple, convenient and inexpensive way of obtaining facts;
9. (ducates the parties of the real values of their claims thereby encouraging settlements;
8. (xpedite proceedings and helps unclog court doc>ets;
:. *afeguard against surprise trials;
;. @acilitates preparation and trial of cases.
6R/!('DR( 52 R(K5/2$1 R5$1 !/DR*
RD1( :
<INDS OF PLEADINGS
S$ction 9+ P"$!dins d$&in$d+
PLEADINGS F the written allegations of the parties of their respective claims and defenses submitted to
the court for appropriate judgment.

4 $ motion to dismiss is 2/ a pleading.
4 $verments in the pleading determine the jurisdiction of the court and the nature of the action.
P6E)-8+3 as distinguis'ed from a !$T8$
PLEADING MOTION
5t relates to the cause of action;
interested in the matters to be
included in the judgment.
$n application for an order not included in the
judgment
))) Pleadings are always submitted to the court for judgment unli>e !otion which generally pertain to the as>ing of
resolutions, orders or to other interlocutory action of the court not necessarily a judgment or not-included therein
GENERAL RULE: 0otion generally pertains to the as>ing of resolutions, orders or other interlocutory
action of the court not necessarily a judgment or not included therein
EXCEPTIONS:
1. 0otion to dismiss
#. 0otion for demurrer to evidence
,. 0otion for judgment on the pleading
4 hese are motions but have the effect of judgments
<INDS OF PLEADINGS,
1" 8nitiatory Pleadings F those papers filed in the court to commence the action or proceedings such as complaint
or petition
#" Responsive Pleadings F those papers filed in the court as answer to the initiatory pleadings such as answers
S$ction 2+ Co)#"!int+
COMPLAINT F is a concise statement of the ultimate facts constituting the plaintiffIs cause or causes of
action, with a specification of the relief sought, but it may add a general prayer for such further relief as
may be deemed just or e%uitable.
ULTIMATE FACTS
- he ultimate E substantial fact that either directly form the basis of the plaintiffs primary right or duty or
directly ma>e up the wrongful acts or omissions of the defendant
))) $ fact is (**(25$1 if it cannot be stric>en out without ma>ing the statement of the cause of action or
defense insufficient
))) !onclusions, influences, presumptions E details with probative value should not be alleged
EVIDENTIAR/ FACTS
- hose which are necessary to prove the ultimate fact or which furnish evidence with the existence of some
other fact
))) 2ot proper as allegation in the pleadings, as they may only result in confusing the cause of action or
defense
TEST OF SUFFICIENC/, if upon admission or proof of the facts being alleged, a judgment may be
properly given. $ fact is essential if it cannot be stric>en out without leaving the statement of the cause of
action insufficient.
))) 5f a plaintiffIs right of action depends upon a condition precedent, he must allege and prove the fulfillment of
the condition or the legal excuse for its non-fulfillment

))) (xhibits attached to a complaint do not ta>e place of allegations
ANS%ER F the pleading where the defendant sets forth his affirmative or negative defenses.
))) Dnli>e the complaint which alleges only ultimate facts, the $nswer may cite legal provisions relied upon for
defense
= @inds o& d$&$ns$s t'!t )!* -$ s$t &ort' in t'$ !ns.$r
1. egative -efense F specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause of action.
#. )ffirmative defense F an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless
prevent or bar recovery by him. Includes)
@raud
*tatute of limitations
Release
6ayment
5llegality
*tatue of frauds
(stoppel
@ormer recovery
'ischarge in ban>ruptcy
$ny other matter by way of confession or avoidance.
COUNTERCLAIM F a new suit in which the party named as the defendant is the plaintiff and
the plaintiff becomes the defendant.; a cross-petition.
CLASSIFICATIONS,
COMPULSOR/ COUNTERCLAIM PERMISSIVE COUNTERCLAIM
(1" /ne which arises out of or is
necessarily connected with the
transaction or occurrence that is
the subject matter of the opposing
partyIs claim.
(1" 5t does not arise out of nor is it necessarily
connected with the subject matter of the
opposing partyIs claim.
(#" 5t does not re%uire for its
adjudication the presence of third
parties of whom the court cannot
ac%uire jurisdiction.
(#" 5t may re%uire for its adjudication the
presence of third parties over whom the
court cannot ac%uire jurisdiction.
(," 5t is barred if not set up in the
action.
(," 5t is 2/ barred even if not set up in the
action.
(9" 2eed not be answered; no default. (9" 0ust be answered, otherwise, the
defendant can be declared in default.
RE:UISITES OF COMPULSOR/ COUNTERCLAIM,
1" $rises out of or is necessarily connected with the transaction or occurrence which is the
subject matter of the opposing partyIs claim;
#" 'oes not re%uire for its adjudication the presence of ,
rd
parties of whom the court cannot
ac%uire jurisdiction; and
," 0ust be within the jurisdiction of the court both as to the nature and the amount, e0cept that in
an /R5K52$1 action in the R!, the counterclaim may be considered regardless of the amount.
RULES ON COUNTERCLAIM
))) $ counterclaim before the 0! must be within the jurisdiction of said court, both as to the amount
and nature thereof (D! C3$a vs. "AC). 5n an original action before the R!, the counterclaim may be
considered compulsory regardless of the amount 0S$c+ E7 Ru"$ 3 5
))) 5f a counterclaim is filed in the 0! in excess of its jurisdictional amount, the excess is considered
waived (A2$s)(% vs. 9a&aa%). 5n Cao vs. A0a: "%);, the remedy where a counterclaim is beyond the
jurisdiction of the 0! is to set off the claims and file a separate action to collect the balance.
))) 5n the R!, as long as the counterclaim is money, irrespective of the amount, it is always compulsory
))) R! may entertain a counterclaim for an amount below its jurisdiction if it arises out of the same transaction
(compulsory"
))) 3hen a counterclaim is compulsory, it must be pleaded in the answer, otherwise, it is barred.
AFTER AC:UIRED COUNTERCLAIM
4 /ne that matures after the filing of the original complaint
4 2ot considered compulsory even if it arose out of the same transaction
4 5f not alleged in the answer, can file a separate action
))) 3right E 0iller in their @ederal 6ractice and 6rocedure summariAes as follows certain criteria or tests issues of
fact and law by which the compulsory or permissive nature of specific counterclaims can be determined. (1" $re the
issues of fact and law raised by the claim and counterclaim largely the sameS (#" 3ould res *udicata bar a
subse%uent suit on defendantIs claim absent the compulsory counterclaim ruleS (," 3ill substantially the same
evidence support or refute plaintiffIs claim as well as defendantIs counterclaimS and (9" 5s there any logical relation
between the claim and the counterclaimS
he fourth test F the logical relationship between the claim and counterclaim F has been called Lthe one compelling
test of compulsoriness.M Dnder this test, any claim a party has against an opposing party that is logically related to
the claim being asserted by the opposing party and that is not within the exceptions to the rule is a compulsory
counterclaim. 5ts outstanding %uality is its flexibility.
he phrase Llogical relationshipM is given meaning by the purpose of the rule which it was designed to implement.
hus, a counterclaim is logically related to the opposing partyIs claim where separate trials of each of their
respective claims would involve a substantial duplication of effort and time by the parties and the courts. 3here
multiple claims involve many of the same factual issues, or the same factual and legal issues, or where they are off-
shoots of the same basic controversy between the parties, fairness and considerations of convenience and of
economy re%uire that the counterclaim be permitted to maintain his cause of action.( NMC vs. F(N)!* %+ SCRA &,$)
S$ction 1+ Cross;c"!i)
RULE ON CROSS CLAIMS
GENERAL RULE B 5f not set up in the action, it is barred
EXCEPTION B
1" 5f it is outside the jurisdiction of the court
#" 5f the court cannot ac%uire jurisdiction over ,
rd
parties whose presence is necessary for the adjudication of said
cross-claim
))) If plaintiff appeals, cross-claimant, must also appeal otherwise, claim is not recogniAed by the appellate court
PERMISSIVE CROSS;CLAIM
1. outside the jurisdiction of the court, or
#. the court cannot ac%uire jurisdiction over the parties whose presence is necessary for the adjudication
of said cross-claim
CROSS;CLAIM
filed against a co-party
$lways arises out of the transaction or occurrence that is the subject matter either of the original action
or of a counterclaim therein.
5f it is not set up in the action, it is barred, except when it is outside the jurisdiction of the court or if the
court cannot ac%uire jurisdiction over third parties whose presence is necessary for the adjudication of
said cross-claim.
) he dismissal of the complaint carries with it the dismissal of a cross-claim which is purely defensive,
but not a cross-claim see>ing affirmative relief.
S$ction 9?+ R$#"*+
REPL/ - the response of the plaintiff to the defendantIs answer.
GENERAL RULE: @iling of reply is optional and will not affect oneIs cause of action
EXCEPTION, 'efense of Dsury or answer is based on actionable documents, reply under oath or need
EFFECT OF FAILURE TO REPL/, new facts that were alleged in the answers are deemed
controverted. +ence, the filing of the reply is optional except for the denial of the genuineness and due
execution of an actionable document used as defense in the answer.
))) $ party cannot, in his reply, amend his cause of action nor introduce therein new or additional causes of action
S$ction 99+ T'ird 0&ourt'7 $tc+5 F #!rt* co)#"!int+
THIRD;PART/ COMPLAINT CROSS;CLAIM
see>s to recover from a non-
litigant some relief in respect to the
opposing partyIs claim
claim by a party against a co-party.
hird party is not yet impleaded. !ross-defendant is a co-party.
THIRD;PART/ COMPLAINT COMPLAINT IN INTERVENTION
brings into the action a third
person who was not originally a
party.
same
initiative is with the person already
a party to the action.
initiative is with a non-party who see>s to join
the action.
TE3T to determine w'et'er t'e t'irdBparty complaint is in respect of plaintiffCs claim:
(a" 3here it arises out of the same transaction on which the plaintiffIs claim is based, or, although arising
out of another or different transaction, is connected with the plaintiffIs claim;
(b" 3hether the third-party defendant would be liable to the plaintiff or to the defendant for all or party of
the plaintiffIs claim against the original defendant; and
(c" 3hether the third-party defendant may assert any defenses which the third-party plaintiff has or may
have to the plaintiffIs claim.
RULE E
PARTS OF A PLEADING
S$ction 2+ Sin!tur$ !nd !ddr$ss+
T'e signature of t'e counsel is a certification t'at:
(a" here is good ground to support the pleading
(b" 5t is not interposed for delay
8f 'e deli.erately:
(a" @iles an unsigned pleading, or
(b" *igns it even if it be without ground or only to delay, or
(c" $lleges scandalous or indecent material, or
(d" @ails to report a change of address,
'e s'all .e su.ject to disciplinary action.
(b" 4 /nly the original copies must be signed.
(c" 4 D2*5K2(' 61($'52K may be stric>en out as sham and false, and the action may proceed as
though the pleading has not been served.
S$ction >+ V$ri&ic!tion+
))) $s a rule, pleadings need not be verified except if provided by the Rules and jurisprudence, or
statute.
HO% A PLEADING IS VERIFIED,
-y an affidavit stating that)
1" $ffiant (person verifying" has read the pleading
#" $llegations therein are true and correct as of his personal +nowledge or based on authentic
records. (*! !ircular 9=-#777, effective 0ay 1, #777"
))) $ verification must now be based on personal >nowledge or based on authentic records.
) pleading re/uired to .e verified w'ic':
1" !ontains a verification based on Linformation and beliefM, /R
#" !ontains a verification based on L>nowledge, information and belief,M /R
," 1ac>s a proper verification
3'all .e treated as an unsigned pleading.
S$ction A+ C$rti&ic!tion !!inst &oru) s'o##in+
FORUM SHOPPING F the filing of two or more cases based on the same cause of action in different
courts for the purpose of obtaining a favorable decision in either.

Plaintiff or principal party s'all certify under oat' in t'e complaint or ot'er initiatory pleading
or in a sworn certification anne5ed and filed t'erewit':
1" hat he has not commenced any action or filed any claim involving the same issues in any
court, tribunal or %uasi-judicial agency; to the best of his >nowledge no such other claim or
action pending;
#" 5f there is such other pending action, a complete statement of the present status thereof;
," 5f he should thereafter learn that same or similar action or claim is filed or pending, he shall
report the same within 8 days therefrom to the court where he filed his complaint.
$TE: @$51DR( / !/061H 2/ !DR$&1( &H 0(R( $0(2'0(2 /@ +( !/061$52 /R
61($'52K &D *+$11 &( !$D*( @/R '5*05**$1 /@ +( !$*( 35+/D 6R(<D'5!(; 5@
+( $!* /@ 6$RH /R !/D2*(1 !1($R1H !/2*5D( 3511@D1 E '(15&(R$( @/RD0
*+/6652K, KR/D2' @/R *D00$RH '5*05**$1 35+ 6R(<D'5!( $2' !/2*5D(
'5R(! !/2(06.

2or 2orumB3'opping to e5ist, t'ere must .e:
1" *ame transactions involved;
#" *ame essential facts and circumstances; and
," $ctions raise identical cause of action, subject matter, and issues
E&&$cts o& Vio"!tion o& t'is Ru"$
9/ Dailure to comply with the foregoing requirements)
4 2ot curable by mere amendment of the complaint or other initiatory pleading
4 'ismissal of the case without prejudice unless otherwise provided upon motion and after hearing
:/ %ubmission of a false certification or nonEcompliance with the underta>ings therein.
4 !onstitute indirect contempt or court
4 !orresponding administrative and criminal sanctions
7/ 8illful and deliberate forum shopping
4 *ummary dismissal with prejudice
4 !onstitute direct contempt
4 $dministrative sanctions
= FORMS OF FORUM;SHOPPING
1" 3here a party files the same action involving the same issues either simultaneously or successively in more
than on court
#" 3here a party files # or more actions in different courts, the other action filed in another court not being the
result of an appeal or a petition for certiorari
TEST to d$t$r)in$ .'$t'$r t'$r$ is &oru) s'o##in
1" 3here the elements of litis pendencia are present
#" 3here a final judgment in one case will amount to res judicata
," 3hether in the # cases, there is identity of parties, rights or causes of action and reliefs sought
Certification against forum s'opping is re/uired only in:
1" !ompliant
#" /ther initiatory pleading Ti.e. permissive counter-claimU
))) he !.$.@.* should be signed by the party 2/ the counsel

))) $pplies to cases commenced in courts in anticipation of an unfavorable administrative ruling
))) 3here the judgment has already become final and executory, res judicata should be pleaded as a defense
4 @orum shopping applies only when # or more cases are still pending
RULE 1
MANNER OF MA<ING ALLEGATIONS IN A PLEADING
GENERAL RULE, 2o evidentiary facts should be alleged in the pleadings
EXCEPTION, $nswer, which may invo>e pertinent legal provisions as the basis of the defense
S3.R2
))) 5n any pleading a general averment of the performance or occurrence of all conditions precedent shall be
sufficient
S$ction >+ C!#!cit*+

ALLEGATIONS OF CAPACITY
1" !apacity of party to sue or be sued or the authority of a party to sue or be sued in a
representative capacity or the legal existence of an organiAed association that is made a party must
be averred;
#" o raise an issue as to the legal existence of a party or the capacity of a party in a representative
capacity, do so by specific denial, including such supporting particulars as are peculiarly within the
pleaderIs >nowledge.
))) !apacity 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 %uestioning such capacity.

!apacity is challenged by specific denial, motion to dismiss or bill of particulars.
))) $ guardian not appointed by the court has no capacity.
))) @oreign corporations have the capacity to sue or be sued if it is doing business in the 6hilippines.
5f it is an unlicensed foreign corporation, it may only &( *D(' on any valid cause of action, but it
!$22/ *D(. +owever, the *upreme !ourt has allowed foreign corporations to file an action on
certain isolated transactions.
S$ction A+ Fr!ud7 )ist!@$7 condition o& t'$ )ind+
0d5 FACTS THAT MA/ 8E AVERRED GENERALL/,
(e" 1. !onditions precedent (&D 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"
(f" #. 0alice, intent, >nowledge, or other condition of the mind
(g" ,. <udgments of foreign courts, tribunals, boards, or officers (no need to show jurisdiction"
FACTS THAT MUST 8E AVERRED PARTICULARL/,
(a" !ircumstances showing fraud or mista>e in all averments of fraud or mista>e
(b" !apacity
P!rs+ 0d5 $)-odi$s t'$ TOTALIT/ RULE
GS$ction 22 8P9=47 !s !)$nd$d -* RA E349 - 3here there are several claims or causes of actions
between the same or different parties, embodied in the same complaint, the amount of the demand shall
be the totality of the claims in all the causes of actions, irrespective of whether the causes of action arose
out of the same or different transactions.
))) @or as long as one cause of action falls within the jurisdiction of the R!, the case can be filed there
even if the 0! has jurisdiction over the others.
))) In case the obligation is by installments, each installment constitutes 1 cause of action. +/3(B(R, if at the
time of bringing the suit several installments are already due, all installments due must be included
otherwise, those excluded will be barred.
*** 3here two or more plaintiffs sue one defendant in a single complaint or one plaintiff sues several defendants in
a single complaint, based on several causes of action for or against each, respectively, the totality rule applies only
where (a" the causes of action arose from the same series of transactions; and (b" there is a common %uestion of
fact or law among them. (FLORES vs. MALLARE)
))) $ real action and a personal action may be joined either in the R! of the place where the real property is
located or where the parties reside.
RULES ON ALTERNATIVE CAUSES OF ACTION OR DEFENSES
1" 3hen a person has one claim or one defense he can state than one claim or one defense in two or more
statements either hypothetically or in the alternative
#" 3here two or more statements of a claim or defense are made E one is made independently of the other
which is sufficient
))) he pleading is not made insufficient by the insufficiency of the other statement of the claim or other
defenses.
CLASS SUIT VS+ PERMISSIVE JOINDER OF PARTIES
RE, RE:UEST OF THE HEIRS OF THE PASSENGERS OF DOHA PAI
3hat is contemplated, as will be noted, is that (a" the subject matter of the controversy is of common or
general interest to many persons, and (b" those persons are so numerous as to ma>e it impracticable to bring them
all before the court. 5llustrative of the rule is the so-called derivative suit brought in behalf of numerous stoc>holders
of a corporation to perpetually enjoin or nullify what is claimed to be a breach of trust or an ultra vires act of the
companyIs board of directors. 5n such a suit, there is one, single right of action pertaining to numerous
stoc>holders, not multiple rights belonging separately to several, distinct persons.
/n the other hand, of there are many persons who have distinct, separate rights against the same party or
group of parties, but those rights arise from the same transactions or series of transactions and there are common
%uestions of fact or law resulting therefrom, the former may join as plaintiffs in one action against the same
defendant. his is authoriAed by the above mentioned *oinder of parties rule on *ection 8 of Rule ,.
he other factor that serves to distinguish the rule on class suits from that of permissive joinder of parties
is, of course, the numerous of parties involved in the former. he rule is that for a class suit to be allowed, it is
needful inter alia that the parties be so numerous that it would be impracticable to bring them all before the court.
&e all this as it may, as regards the computation of the amount involved in the action for purposes of
determining the original jurisdiction over it, and the correlative matter of the amount of filing fees to be paid, it is
immaterial whether the rule applied to be that one class suits or permissive *oinder of parties& @or in either case, it is
the totality of the amounts claimed by or against the parties that determines the jurisdiction, exclusively only of
interest and costs.
S$ction 3+ Misjoind$r o& c!us$s o& !ction+
444 !is*oinder of causes of action "3T a ground for dismissal; the action may, on motion or motu
proprio, be severed and proceeded with separately.
here is no sanction against non-joinder of separate causes of action since a plaintiff needs only a
single cause of action to maintain an action.
!/2!(6 /@ 6(R05**5B( 0$2'$/RH !/D2(R-!1$50
COUNTERCLAIM F a new suit in which the party named as the defendant is the plaintiff and
the plaintiff becomes the defendant.; a cross-petition.
CLASSIFICATIONS,
COMPULSOR/ COUNTERCLAIM PERMISSIVE COUNTERCLAIM
(1" /ne which arises out of or is
necessarily connected with the
transaction or occurrence that is
the subject matter of the opposing
partyIs claim.
(1" 5t does not arise out of nor is it necessarily
connected with the subject matter of the
opposing partyIs claim.
(#" 5t does not re%uire for its
adjudication the presence of third
parties of whom the court cannot
ac%uire jurisdiction.
(#" 5t may re%uire for its adjudication the
presence of third parties over whom the
court cannot ac%uire jurisdiction.
(," 5t is barred if not set up in the
action.
(," 5t is 2/ barred even if not set up in the
action.
(9" 2eed not be answered; no default. (9" 0ust be answered, otherwise, the
defendant can be declared in default.
RE:UISITES OF COMPULSOR/ COUNTERCLAIM,
1" $rises out of or is necessarily connected with the transaction or occurrence which is the
subject matter of the opposing partyIs claim;
#" 'oes not re%uire for its adjudication the presence of ,
rd
parties of whom the court cannot
ac%uire jurisdiction; and
," 0ust be within the jurisdiction of the court both as to the nature and the amount, e0cept that in
an /R5K52$1 action in the R!, the counterclaim may be considered regardless of the amount.
RULES ON COUNTERCLAIM
))) $ counterclaim before the 0! must be within the jurisdiction of said court, both as to the amount
and nature thereof (D! C3$a vs. "AC). 5n an original action before the R!, the counterclaim may be
considered compulsory regardless of the amount 0S$c+ E7 Ru"$ 3 5
))) 5f a counterclaim is filed in the 0! in excess of its jurisdictional amount, the excess is considered
waived (A2$s)(% vs. 9a&aa%). 5n Cao vs. A0a: "%);, the remedy where a counterclaim is beyond the
jurisdiction of the 0! is to set off the claims and file a separate action to collect the balance.
))) 5n the R!, as long as the counterclaim is money, irrespective of the amount, it is always compulsory
))) R! may entertain a counterclaim for an amount below its jurisdiction if it arises out of the same transaction
(compulsory"
))) 3hen a counterclaim is compulsory, it must be pleaded in the answer, otherwise, it is barred.
AFTER AC:UIRED COUNTERCLAIM
4 /ne that matures after the filing of the original complaint
4 2ot considered compulsory even if it arose out of the same transaction
4 5f not alleged in the answer, can file a separate action
))) 3right E 0iller in their @ederal 6ractice and 6rocedure summariAes as follows certain criteria or tests issues of
fact and law by which the compulsory or permissive nature of specific counterclaims can be determined. (1" $re the
issues of fact and law raised by the claim and counterclaim largely the sameS (#" 3ould res *udicata bar a
subse%uent suit on defendantIs claim absent the compulsory counterclaim ruleS (," 3ill substantially the same
evidence support or refute plaintiffIs claim as well as defendantIs counterclaimS and (9" 5s there any logical relation
between the claim and the counterclaimS
he fourth test F the logical relationship between the claim and counterclaim F has been called Lthe one compelling
test of compulsoriness.M Dnder this test, any claim a party has against an opposing party that is logically related to
the claim being asserted by the opposing party and that is not within the exceptions to the rule is a compulsory
counterclaim. 5ts outstanding %uality is its flexibility.
he phrase Llogical relationshipM is given meaning by the purpose of the rule which it was designed to implement.
hus, a counterclaim is logically related to the opposing partyIs claim where separate trials of each of their
respective claims would involve a substantial duplication of effort and time by the parties and the courts. 3here
multiple claims involve many of the same factual issues, or the same factual and legal issues, or where they are off-
shoots of the same basic controversy between the parties, fairness and considerations of convenience and of
economy re%uire that the counterclaim be permitted to maintain his cause of action.( NMC vs. F(N)!* %+ SCRA &,$)
S$ction 1+ Cross;c"!i)
RULE ON CROSS CLAIMS
GENERAL RULE B 5f not set up in the action, it is barred
EXCEPTION B
1" 5f it is outside the jurisdiction of the court
#" 5f the court cannot ac%uire jurisdiction over ,
rd
parties whose presence is necessary for the adjudication of said
cross-claim
))) If plaintiff appeals, cross-claimant, must also appeal otherwise, claim is not recogniAed by the appellate court
PERMISSIVE CROSS;CLAIM
1. outside the jurisdiction of the court, or
#. the court cannot ac%uire jurisdiction over the parties whose presence is necessary for the adjudication
of said cross-claim
CROSS;CLAIM
filed against a co-party
$lways arises out of the transaction or occurrence that is the subject matter either of the original action
or of a counterclaim therein.
5f it is not set up in the action, it is barred, except when it is outside the jurisdiction of the court or if the
court cannot ac%uire jurisdiction over third parties whose presence is necessary for the adjudication of
said cross-claim.
) he dismissal of the complaint carries with it the dismissal of a cross-claim which is purely defensive,
but not a cross-claim see>ing affirmative relief.
S$ction 9?+ R$#"*+
REPL/ - the response of the plaintiff to the defendantIs answer.
GENERAL RULE: @iling of reply is optional and will not affect oneIs cause of action
EXCEPTION, 'efense of Dsury or answer is based on actionable documents, reply under oath or need
EFFECT OF FAILURE TO REPL/, new facts that were alleged in the answers are deemed
controverted. +ence, the filing of the reply is optional except for the denial of the genuineness and due
execution of an actionable document used as defense in the answer.
))) $ party cannot, in his reply, amend his cause of action nor introduce therein new or additional causes of action
S$ction 99+ T'ird 0&ourt'7 $tc+5 F #!rt* co)#"!int+
THIRD;PART/ COMPLAINT CROSS;CLAIM
see>s to recover from a non-
litigant some relief in respect to the
opposing partyIs claim
claim by a party against a co-party.
hird party is not yet impleaded. !ross-defendant is a co-party.
THIRD;PART/ COMPLAINT COMPLAINT IN INTERVENTION
brings into the action a third
person who was not originally a
party.
same
initiative is with the person already
a party to the action.
initiative is with a non-party who see>s to join
the action.
TE3T to determine w'et'er t'e t'irdBparty complaint is in respect of plaintiffCs claim:
(d" 3here it arises out of the same transaction on which the plaintiffIs claim is based, or, although arising
out of another or different transaction, is connected with the plaintiffIs claim;
(e" 3hether the third-party defendant would be liable to the plaintiff or to the defendant for all or party of
the plaintiffIs claim against the original defendant; and
(f" 3hether the third-party defendant may assert any defenses which the third-party plaintiff has or may
have to the plaintiffIs claim.
JOINDER OF CAUSES OF ACTION
S$ction A+ Joind$r o& c!us$s o& !ction+
4 Rule in this section is 6(R05**5B( and the plaintiff can always file separate actions for each cause of
action.
JOINDER F test of jurisdiction is totality of demand against each defendant.
P!r+ 0-5 r$Buir$s t'!t: only civil actions may be joined, obviously because they are subject to the same
rules.
THE FOLLO%ING CAUSES OF ACTION MA/ 8E JOINED,
1. $rising out of the same contract, transaction or relation between the parties;
#. 'emands for money; and
,. *ame nature and character
RED*838TE3 $2 7$8-ER $2 C)*3E3 $2 )CT8$:
1" he party joining the causes of action shall comply with the rules on joinder of parties;
#" he joinder shall 2/ include special civil action or actions governed by special rules;
," 3here the causes of action are between the same parties but pertain to different venues or
jurisdiction, the joinder may be allowed in the R! provided one of the causes of action falls
within the jurisdiction of the R! and the venue lies therein;
RULES OF JOINDER OF PARTIES
Rule , *ection : which provides that it is necessary that the right to relief from said cause of action should.
1" $rise out of the same transaction or series of transactions
#" $ %uestion of facts and law are common to all plaintiffs or defendants may arise in the action
o 8nclusion of 3pecial Civil )ctions: +ence, a case for reconveyance of title with damages in the R!
cannot be joined with the case of ejectment in the 0! because the latter case involves the rule on
summary procedure which is a special rule. +owever, a case in R! for an election protest and
dis%ualification and a %uo warranto proceeding may be joined in view of the importance of resolving the title
to the office at the earliest possible case.
))) here is no relation between an ordinary action and a special civil action, nor are they of the same nature or
character, much less do they present any common %uestion of fact or law, which conjointly could warrant their
joinder
4 he # actions do not rightly meet the underlying test of conceptual unity demanded to sanction their
joinder under the rules.
FORUM SHOPPING
FORUM SHOPPING F the filing of two or more cases based on the same cause of action in different
courts for the purpose of obtaining a favorable decision in either.

Plaintiff or principal party s'all certify under oat' in t'e complaint or ot'er initiatory pleading
or in a sworn certification anne5ed and filed t'erewit':
1" hat he has not commenced any action or filed any claim involving the same issues in any
court, tribunal or %uasi-judicial agency; to the best of his >nowledge no such other claim or
action pending;
#" 5f there is such other pending action, a complete statement of the present status thereof;
," 5f he should thereafter learn that same or similar action or claim is filed or pending, he shall
report the same within 8 days therefrom to the court where he filed his complaint.
$TE: @$51DR( / !/061H 2/ !DR$&1( &H 0(R( $0(2'0(2 /@ +( !/061$52 /R
61($'52K &D *+$11 &( !$D*( @/R '5*05**$1 /@ +( !$*( 35+/D 6R(<D'5!(; 5@
+( $!* /@ 6$RH /R !/D2*(1 !1($R1H !/2*5D( 3511@D1 E '(15&(R$( @/RD0
*+/6652K, KR/D2' @/R *D00$RH '5*05**$1 35+ 6R(<D'5!( $2' !/2*5D(
'5R(! !/2(06.

2or 2orumB3'opping to e5ist, t'ere must .e:
1" *ame transactions involved;
#" *ame essential facts and circumstances; and
," $ctions raise identical cause of action, subject matter, and issues
E&&$cts o& Vio"!tion o& t'is Ru"$
9/ Dailure to comply with the foregoing requirements)
4 2ot curable by mere amendment of the complaint or other initiatory pleading
4 'ismissal of the case without prejudice unless otherwise provided upon motion and after hearing
:/ %ubmission of a false certification or nonEcompliance with the underta>ings therein.
4 !onstitute indirect contempt or court
4 !orresponding administrative and criminal sanctions
7/ 8illful and deliberate forum shopping
4 *ummary dismissal with prejudice
4 !onstitute direct contempt
4 $dministrative sanctions
= FORMS OF FORUM;SHOPPING
1" 3here a party files the same action involving the same issues either simultaneously or successively in more
than on court
#" 3here a party files # or more actions in different courts, the other action filed in another court not being the
result of an appeal or a petition for certiorari
TEST to d$t$r)in$ .'$t'$r t'$r$ is &oru) s'o##in
1" 3here the elements of litis pendencia are present
#" 3here a final judgment in one case will amount to res judicata
," 3hether in the # cases, there is identity of parties, rights or causes of action and reliefs sought
Certification against forum s'opping is re/uired only in:
1" !ompliant
#" /ther initiatory pleading Ti.e. permissive counter-claimU
))) he !.$.@.* should be signed by the party 2/ the counsel
))) $pplies to cases commenced in courts in anticipation of an unfavorable administrative ruling
))) 3here the judgment has already become final and executory, res judicata should be pleaded as a defense
4 @orum shopping applies only when # or more cases are still pending
ANS%ER
RULE 99
%HEN TO FILE RESPONSIVE PLEADINGS
PERIOD %ITHIN %HICH A PLEADING MA/8E ANS%ERED
9/ C$!P6)8T
- 18 days after service of summons
- ,7 days if foreign corporation
- :7 if through extra-territorial service
:/ C$*TERC6)8!
- 17 days from service
7/ TA8R- P)RT, C$!P6)8T
- 18 days after service of summons
=/ C$!P6)8T 8 8TER#ET8$
- 18 days from notice of the order admitting intervention
F/ )30ER
- 5ncase motion to dismiss is denied, &$1$2!( the period re%uired but 2/ 1(** +$2 8 '$H* from receipt
of the notice of denial
1/ B866 $2 P)RT8C*6)R3
- 3ithin 17 days from the notice of the order
G/ 3*PP6E!ET)6 P6E)-8+
- 3ithin 17 days from service
S$ction 9+ Ans.$r to t'$ co)#"!int+
4 18 days from service, unless different period fixed by the courts;
))) he granting of additional time to the defendant to file an answer is a matter largely addressed to the
sound discretion of the court. hey may extend the time to file the pleadings but may not shorten them.
))) he 18-day period begins to run from receipt of summons.
S$ction =+ Ans.$r o& ! d$&$nd!nt &or$in #ri(!t$ juridic!" $ntit*+
F when service of summons is made on the government official designated by law, answer to be filed
within ,7 days from receipt of summons by such entity.
))) 5n the case of a nonresident defendant on whom extraterritorial service of summons is made, the
period on which he must answer should be at least :7 days.
S$ction 2+ Ans.$r to !)$nd$d co)#"!int+
))) If the filing of an amended complaint is a matter of right, the 18-day period to answer is counted from
service of the amended complaint.
))) If the filing of the amended complaint is "3T a matter of right, then leave of court is re%uired, hence,
the 17-day period to answer runs from notice of the court order granting the same.
))) If no new answer is filed by the defendant in case an amendment has been made after he had filed
his answer, the original answer of the defendant may serve as the answer to the amended complaint,
and hence, cannot be declared in default.

S$ction >+ Ans.$r to count$rc"!i) or cross;c"!i)+
F within 17 days from service.
S$ction A+ Ans.$r to t'ird 0&ourt'7 $tc+5 ; #!rt* co)#"!int+
))) he third-party defendant is served with summons just li>e the original defendant, hence, he also has
18, ,7, :7 days from service of summons, as the case may be, to file his answer just li>e the original
defendant.
S$ction E+ Ans.$r to su##"$)$nt!" co)#"!int+
))) 1eave of court is re%uired in filing, the court may fix a different period for answering the supplemental
complaint in lieu of the reglementary 17-day period.
R$#"* F may be filed within 17 days from service of the pleading responded to
ACTIONABLE DOCUMENT
S$ction E+ Action or d$&$ns$ -!s$d on docu)$nt+
S$ction 1+ Ho. to cont$st suc' docu)$nts+
ACTIONA8LE DOCUMENT F when it is the basis of a claim or a defense., e.g. receipt
T%O PERMISSI8LE %A/S OF PLEADING AN ACTIONA8LE DOCUMENT,
(a" &y setting forth the substance of such document in the pleading and attaching said document thereto
as an annex (contents of the document annexed are controlling, in case of variance in the substance
of the document set forth in the pleading and in the document attached"; or
(b" &y setting forth said document verbatim in the pleading.
Ho. to cont$st !ction!-"$ docu)$nt,
>enuineness and due e0ecution of instrument deemed admitted unless adverse party)
1" *pecifically denies them under oath;
#" *ets forth what he claims to be the facts.
Re/uirement of an oat' does $T apply:
1" 3hen diverse party does not appear to be a party to the instrument; or
#" 3hen compliance with an order for an inspection of the original instrument is refused.
0'ere t'e actiona.le document is properly alleged, t'e failure to deny under oat' t'e same
results in:
1. he implied admission of the genuineness and due execution of said document, except.
a. 3hen the adverse party was not a party to the instrument; and
b. 3hen an order for the inspection of the document was not complied with.
#. he document need not be formally offered in evidence.
GENUINENESS F that the document is not spurious, counterfeit, or of different import on its face from
the one executed by the party, or that the party whose signature it bears has signed it and that at the
time it was signed it was in words and figures exactly as set out in the pleadings.
DUE EXECUTION F that the document was signed voluntarily and >nowingly by the party whose
signature appears thereon.
-efenses t'at t'e opposing party may set up even after failure to deny under oat':
(h" 1. 0ista>e;
(i" #. fraud;
(j" ,. compromise;
(>" 9. payment;
(l" 8. prescription;
(m" :. want or illegality of consideration; or
(n" ;. estoppel
B*T t'e following defenses are waived:
(a" forgery in the signature;
(b" want of authority of an agent or corporation;
(c" want of delivery; or
(d" the party charged signed the instrument in some other capacity
S$ction 9?+ S#$ci&ic d$ni!"+
THREE %A/S OF MA<ING A SPECIFIC DENIAL,
1" &y specifically denying each material allegation of the other party and, whenever possible, setting
forth the substance of the matters relied upon for such denial;
#" 6ast admission or past denial;
," &y an allegation of lac> of >nowledge or information sufficient to form a belief as to the truth of the
averment in the opposing partyIs pleading
))) # denial cannot be general. $ general denial is regarded as an admission of the facts stated
in the complaint.
444 # negative defense must be a specific denial. /therwise, the denial will be deemed as an
admission and entitles plaintiff to a judgment on the pleadings.
NEGATIVE PREGNANT F a form of denial which at the same time involves an affirmative implication
favorable to the opposing party.
5t is in effect of an admission of the averment to which it is directed.
5t is said to be a denial pregnant with an admission of the substantial facts in the pleading responded
to.
PARTIAL SPECIFIC DENIAL
))) 3here a defendant desires to deny only a part of an averment, he shall specify so much of it as it is true and
material and shall deny only the remainder
))) 3hile a specific denial puts in issue the allegations of the complaint, an affirmative defense raises new issues
which were not raised in the complaint
S$ction 99+ A""$!tion not s#$ci&ic!""* d$ni$d d$$)$d !d)itt$d+
A($r)$nts in t'$ co)#"!int NOT d$$)$d !d)itt$d $($n i& NOT s#$ci&ic!""* d$ni$d.
(a" $llegations as to the amount of damages
(b" 5mmaterial allegations;
(c" 5ncorrect conclusions of fact; and
A($r)$nts d$$)$d !d)itt$d i& not s#$ci&ic!""* d$ni$d und$r o!t',
1. $llegations as to usury in the complaint
#. he authenticity and due execution of actionable documents thereto.
))) 5f the damages alleged are li%uidated or stipulated, they are deemed submitted when not specifically
denied.
IMPLIED %AIVER. !ontinued into trial E presented evidence
3
RD
PART5 COMPLAINT
S$ction 99+ T'ird 0&ourt'7 $tc+5 F #!rt* co)#"!int+
THIRD;PART/ COMPLAINT CROSS;CLAIM
see>s to recover from a non-
litigant some relief in respect to the
opposing partyIs claim
claim by a party against a co-party.
hird party is not yet impleaded. !ross-defendant is a co-party.
THIRD;PART/ COMPLAINT COMPLAINT IN INTERVENTION
brings into the action a third
person who was not originally a
party.
same
initiative is with the person already
a party to the action.
initiative is with a non-party who see>s to join
the action.
TE3T to determine w'et'er t'e t'irdBparty complaint is in respect of plaintiffCs claim:
(g" 3here it arises out of the same transaction on which the plaintiffIs claim is based, or, although arising
out of another or different transaction, is connected with the plaintiffIs claim;
(h" 3hether the third-party defendant would be liable to the plaintiff or to the defendant for all or party of
the plaintiffIs claim against the original defendant; and
(i" 3hether the third-party defendant may assert any defenses which the third-party plaintiff has or may
have to the plaintiffIs claim.
PRE TRIAL
RULE 91
PRE;TRIAL
S$ction 9+ %'$n conduct$d+
PRE;TRIAL- a mandatory conference and personal confrontation before the judge between the parties
litigant and their respective counsel, called by the court after the last pleading has been filed and before
trial for the purposes mentioned in Rule 1= *ection #.
))) he plaintiff must promptly move ex parte that the case be set for pre-trial , and this he must do upon
the service and filing of the last pleading
))) 6re-trial may be held upon the filing of the last pleading /R upon the expiration of the period for the filing of
the last pleading without the last pleading having been filed
))) he pre-trial and trial on the merits of the case must be held on separate dates.
S$ction =+ N!tur$ !nd #ur#os$+
))) 6re-trial is mandatory.
%'!t to consid$r in #r$;tri!" (with notice to counsel or party without counsel"
1" 6ossibility of amicable settlement or arbitration
#" *implification of the issues
," $mendments to the pleadings
9" *tipulations or admissions of facts and documents
8" 1imitation of number of witnesses
:" 6reliminary reference of issues to a commissioner
;" 6ropriety of judgment on the pleadings, summary judgments, or dismissal of action
=" /ther matters for the prompt disposition of the action
Sec 3. NOTICE OF PRE-TRIAL
))) *erved on counsel, if none, to the party
))) !ounsel has duty of notifying the party he represents
S$ction >+ A##$!r!nc$ o& #!rti$s+
))) 5t is the absence of the parties, not the counsels that may give rise to the corresponding sanction against
the absent party.
0'en nonBappearance of a party may .e e5cused:
(a" 5f a valid cause is shown therefor
(b" 5f a representative shall appear in his behalf fully authoriAed in writing to.
1. (nter into an amicable settlement
#. *ubmit to alternative modes of dispute resolution
,. (nter into stipulations or admissions of facts and of documents
))) $ special authority for an attorney to compromise is re%uired under S$c+ =27 Ru"$ 921. Dnder Art+
91E1 0c5 o& t'$ Ci(i" Cod$, a special power of attorney is re%uired.
))) 5f a party is a corporation such authority to appear must be made with an appropriate Resolution by the
&/'s
))) *6$ is not sufficient, it must be accompanied by a showing of a valid cause for non-appearance of the party
himself
S$ction A+ E&&$ct o& &!i"ur$ to !##$!r+
EFFECT OF NON;APPEARANCE OF PLAINTIFF.
- cause for dismissal of the action, with prejudice, unless otherwise ordered by the court.
))) 5f plaintiff declared as non-suited, the dismissal shall have the effect of adjudication on the merits
))) here must be a 2/5!( of 6re-rial or else it would violate the due process clause
))) 'ismissal is always with prejudice D21(** the order says otherwise.
EFFECT OF NON;APPEARANCE OF DEFENDANT,
; cause to allow the plaintiff to present evidence ex parte and the court to render judgment on the basis
thereof.
))) 'uring the pre-trial, the rendition of a summary judgment or judgment on the pleadings is proper
- here is a need for a 0/5/2
E&&$ct Ord$r o& D$&!u"t (s+ E&&$ct o& Non;A##$!r!nc$ in Pr$;Tri!"
Ru"$ 4 JIn D$&!u"tK Ru"$ 91 JAs in D$&!u"tK
1" <udgment is by default 1" /rdinary judgment
#" 2o award of li%uidated
damages
#" $llows award of
unli%uidated damages
," Remedy is 0otion to
set aside default based
9" Remedy is 0otion for
Reconsideration. (for
on @$0( defendant" /R appeal (for
plaintiff"
S$ction 3+ Pr$;tri!" -ri$&+
))) 5t is the mandatory duty of the parties to seasonably file their trial briefs under the conditions and
with the sanctions provided therein.

))) 0ust file pre-trial brief so as to ensure that other party receives it at least , days before pre-trial.
-- Dailure to file brief has same effects as failure to appear at preEtrial&
MATTERS RE:UIRED TO 8E SPECIFIED IN THE PRE;TRIAL 8RIEF
1" he names E numbers of witnesses
#" he gist of the proposed testimony of a witness
," !opies of documents that may be offered for admissions
9" 6urpose of which the documents are offered
S$ction E+ R$cord o& #r$;tri!"+
))) he contents of the order shall control the subse%uent course of the action, unless modified before
trial to prevent manifest injustice.
CONTENTS OF ORDER
1" 0atters ta>en up in the pre-trial
#" 'efines and limit the issues to be tried
," !ontrol the course of action in trial
))) he pre-trial order governs the subse%uent course of the trial, so that, the trial will be limited to the issues
raised in the pre-trial order.
))) Dnder Rule ,7, the presentation of evidence of the party is limited to the issues raised in the pre-trial order
(Q!(65/2. #mendment to the pleadings
1" 5f the opposing party does not object
#" !ourt allows such presentation of evidence (when merits of the case be best subserved"
))) 6re-trial order may be modified when necessary to avoid injustice being committed if trial is limited to what
is stated in the pre-trial order.
DEFAULT
S$ction 2+ D$&!u"t7 d$c"!r!tion o&+
$fter the lapse of
time to file an
answer, the plaintiff
may move to declare
the defendant in
default
Motion d$ni$d,
'efendant
allowed to file
an answer
'efendant
answers and
case set for 6
pretrial pre-
trialpre-trial
here is no default in special civil actions of certiorari, prohibition and mandamus where comment
instead of an answer is re%uired to be filed
DEFAULT F the failure of the defendant to answer within the proper period. 5t is not his failure to appear
nor failure to present evidence.
))) he court cannot motu proprio declare a defendant in default.
ORDER OF DEFAULT JUDGMENT 8/ DEFAULT
issued by the court, on plaintiffIs
motion for failure of the defendant
to file his responsive pleading
seasonably.
rendered by the court following a default
order or after it received, e0 parte, plaintiffIs
evidence.
- 5nterlocutory - not appealable - @inal - appealable
2or defendant to .e declared in default, t'e plaintiff must:
(a" @ile a 0/5/2 to declare defendant in default
(b" 6rove that summons have been properly served on the defendant
(c" 6rove that the defendant really failed to answer within the proper period.

CAUSES FOR DEFAULT
1" @ailure to answer within the proper period
#" 2on-compliance for bill of particulars
," 'isobedient party F modes of discovery
9" @ailure to furnish the plaintiff a copy of his answer
))) 5f the defendant was declared in default upon an original complaint, the filing of the amended
complaint resulted in the withdrawal of the original complaint, hence, the defendant was entitled to file
answer to the amended complaint as to which he was not in default.
EFFECT OF ORDER OF DEFAULT,
Motion r!nt$d,
court issues order of
default and renders
judgment, or
re%uire plaintiff to submit
evidence ex parte
-efore *udgment of default
is rendered)
defendant may move to
set aside the order of
default
a.@$0(
b. he has a meritorious
defense
!/DR
0$52$52*
/R'(R /@
'(@$D1
!ourt sets aside order of
default and defendant is
allowed to file his answer
!ase set
for pre-
trial.
6resentation
of plaintiffIs
evidence ex
parte
6laintiff
proves his
allegations,
judgment by
default
6laintiff fails
to prove his
allegations,
case is
dismissed
1" 3hile the party in default cannot ta>e part in the trial, he is nonetheless entitled to notice of
subse%uent proceedings. (cannot file answer"
#" +e may still be called on as a witness, in behalf of the non-defaulting defendants.
," !annot present evidence on his behalf
9" !annot cross-examine witnesses
8" !annot object to presentation evidences
))) 'efendant entitled to notice of motion to declare him in default and of order of default;
))) 0otion to set aside order of default may be filed after notice and before judgment;
))) /rder of default is interlocutory, not appealable
4 &ut if with Krave abuse of 'iscretion, !(R5/R$R5
444 8n cases w'ere reception of evidence is delegated to t'e cler1 of court, t'e court may:
1. Render judgment granting the reliefs prayed for as established by the evidence
#. 0ay also award unli%uidated damages without exceeding the amounts prayed for.
444 Partial default F if several defending parties and not all in default, the court shall try the case against
all upon the answers thus filed and evidence presented;
GENERAL RULE,
4 $ favorable judgment obtained by a non-defaulting party shall inure to the benefit of the defaulting
party
EXCEPTION,
1. 5f the defense is personal to the non-defaulting party
#. 1iability is LjointM, not solidary
))) <udgment against party in default shall not exceed the amount or differ in >ind from that prayed for nor award
unli%uidated damages;
))) <udgment by default may not award unli%uidated damages D21(** alleged and supported by evidence
LIMITATIONS ON THE COURT IN CASE OF JUDGMENT 8/ DEFAULT
1" he judgment cannot award an amount to the plaintiff in excess of what was claimed in the complaint
#" he judgment that the court may render can never be different from the judgment prayed for in the complaint
CASES %HERE DEFENDANT COULD NOT 8E DECLARED IN DEFAULT
1" 'eclaration of nullity of marriage
#" $nnulment of marriage
," 1egal separation
REMED/ OR RELIEF FROM ORDER OF DEFAULT
%& )nytime )fter otice T'ereof and Before 7udgment
a. 0otion under oath to set aside the order of default due to @$0( $2' that he has a meritorious
defense
b. 6etition for !ertiorari under Rule :8
E& )fter 7udgment But Before 2inality
a. 0otion for Reconsideration under Rule ,; *ec. 1
b. 0otion for 2ew rial under Rule ,; *ec. 1
c. $ppeal under Rule 91, *ection 1.
=& )fter 2inality of 7udgment
a. 6etition for relief from judgment :7 days from notice of judgment not to exceed : months from entry
thereof under Rule ,= *ec.1
b. 6etition for !ertiorari under Rule 98
c. 6etition for annulment of judgment within 9 years under Rule 9;
TRIAL
RULE 30
TRIAL
S$c+ 2 R$Buisit$s o& )otion to #ost#on$ tri!" &or !-s$nc$ o& $(id$nc$+
NOTICE OF TRIAL
- Dpon entry of case in trial calendar
- !ler> of court notifies parties at least 8 days before trial
LIMITATIONS ON ADJOURNMENTS
1" /ne month for each adjournment
#" , months over all
(Q!(65/2. $uthoriAed by the court administrator of *!
))) 5n !/252D/D* R5$1 !$*(*, the trial shall be terminated within C7days from initial hearing
POSTPONEMENT DUE TO ILLNESS
- 2eed for notariAed medical certificate
POSTPONEMENT DUE TO LAC< OF EVIDENCE,There must be an affidavit showing)
(1" materiality or relevance of such evidence; and
(#" due diligence in procuring it.
5f the adverse party admits the facts for which evidence is to be presented, the trial will not be
postponed.
S$ction A+ Ord$r o& tri!"+
))) Dnless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in
the pre-trial order.
S$ction 3+ Ar$$d St!t$)$nts O& F!cts+
6laintiff presents evidence
'efendant presents
evidence to support his
defense/counterclaim/c
ross-claim/third party
complaint
'efendant files.
demurrer to
evidence
hird party
defendant
presents
evidence, if
any
!ourt grants
motion.
renders
dismissal
!ourt
denies
motion,
continues
with hearing
Rebuttal evidence
by parties
$fter presentation
of evidence;
1.oral arguments;
#.submission of
memoranda
DEcision
'(!5*5/2
4 his is >nown as *56D1$5/2 /@ @$!* and is among the purposes of a pre-trial. he parties
may also stipulate verbally in open court. *uch stipulations are binding unless relief therefrom is
permitted by the court on good cause shown, such as error or fraud. &ut counsel cannot stipulate on
what their respective (B5'(2!( consists of and as> that judgment be rendered on the basis of such
stipulation.
))) *tipulations of facts are not permitted in actions for $22D10(2 /@ 0$RR5$K( and for 1(K$1
*(6$R$5/2.
S$ction 1+ Sus#$nsion o& !ctions+
Art+ =?2? o& t'$ Ci(i" Cod$. Every civil action or proceeding shall be suspended
1. 5f willingness to discuss a possible compromise is expressed by one or both parties; /R
#. 5f it appears that one of the parties, before the commencement of the action or proceeding, offered to
discuss a possible compromise but the other party refused the offer.
S$ction 4+ Jud$ to r$c$i($ $(id$nc$L d$"$!tion to c"$r@ o& court+
AS A GENERAL RULE, the judge must himself personally receive and resolve the evidence of the
parties.
Aowever, t'e reception of suc' evidence may .e delegated under t'e following conditions:
(a" he delegation may be made only in defaults or e0 parte hearings, or an agreement in writing by the
parties&
(b" he reception of evidence shall be made only by the cler> of that court who is a member of the bar.
(c" *aid cler> shall have no power to rule on objections to any %uestion or to admission of evidence or
exhibits; and
(d" +e shall submit his report and transcripts of the proceedings, together with the objections to be
resolved by the court, within 17 days from the termination of the hearing.
DEMURRER TO E(IDENCE
RULE 22
DEMURRER TO EVIDENCE
DEMURRER TO EVIDENCE MOTION TO DISMISS
it is presented after the plaintiff has
rested his case
presented before a responsive pleading
(answer" is made by the defendant
the ground is based on insufficiency of
evidence
it may be based on any of those enumerated
in Rule 1:
= Sc$n!rios
MOTION DENIED MOTION GRANTED 8UT REVERSED ON
APPEAL
movant shall have the right to present
his evidence
movant is deemed to have waived his right to
present evidence. he decision of the
appellate court will be based only on the
evidence of the plaintiff as the defendant
loses his right to have the case remanded for
reception of his evidence.
denial is 52(R1/!D/RH. S$c+ 9 7
Ru"$ 23 (that judgment should state
clearly and distinctly the facts and the law
on which it is based", will not apply.
order of the court is an $'<D'5!$5/2 /2
+( 0(R5*, hence, the re%uirement in *ec.
1, Rule ,: should be complied with.
CIVIL CASES CRIMINAL CASES
1. defendant need not as> for leave of
court;
1. leave of court is necessary so that the
accused could present his evidence if the
demurrer is denied
#. if the court finds plaintiffAs evidence
insufficient, it will grant the demurrer by
dismissing the complaint. he judgment
of dismissal is appealable by the
plaintiff. 5f plaintiff appeals and
judgment is reversed by the appellate
court, it will decide the case on the
basis of the plaintiffIs evidence with the
conse%uence that the defendant
already loses his right to present
evidence no res judicata in dismissal
due to demurrer
#. if the court finds the prosecutionAs evidence
insufficient, it will grant the demurrer by
rendering judgment ac%uitting the accused.
<udgment of ac%uittal is not appeallable
;double jeopardy sets-in
,. if court denies demurrer, defendant
will present his evidence
,. if court denies the demurrer.
a. if demurrer was with leave, accused may
present his evidence
b. if the demurrer was without leave,
accused can no longer present his evidence
and submits the case for decision based on
the prosecutionIs evidence
RULE 34
JUDGMENT ON THE PLEADINGS
S$ction 9+ Jud)$nt on t'$ #"$!dins+
4 $ judgment on the pleadings must be on motion of the claimant. +owever, if at the pre-trial the court
finds that a judgment on the pleadings is proper, it may render such judgment motu proprio.
JUDGMENT ON THE PLEADINGS IS PROPER,
1" 5f answer fails to tender an issue; or
))) he answer ma>es only general denials, not specific denials
#" 5f answer otherwise admits the material allegations of the adverse partyIs pleading
hen court may, on motion of that party, direct judgment on the pleadings
%HAT CASES NOT APPLICA8LE,
1" 'eclaration of nullity of marriage
#" $nnulment of marriage
," 1egal separation
))) 0aterial facts of the complaint shall always be proved
))) <udgment is based exclusively upon the allegations appearing in the pleadings of the parties without
consideration of any evidence
))) 6resupposes that there is no !/2R/B(R(' issue whatsoever between the parties.
LIMITATION
- here can be no award of damages or attorneyIs fees in said judgment in the absence of proof.
- 'amages not li%uidated
FALCASANTOS vs. HOW SUY CHING (1 PHIL 456)
/ne who prays for judgment on the pleadings without offering proof as to the truth of his own allegations,
and without giving the opposing party an opportunity to introduce evidence, must be understood to admit the truth
of all the material and relevant allegations of the opposing party, and to rest his motion for judgment upon those
allegations ta>en together with such of his own as are admitted in the pleadings.
*ection 1 of Rule 11 of the Rules of !ourt providing that if the plaintiff fails to ma>e a reply, all the new
matters alleged in the answer are deemed controverted, is not applicable to a case submitted on the pleadings.
RD1( ,8
SUMMAR/ JUDGMENTS
SUMMAR/ JUDGMENT JUDGMENT ON THE
PLEADINGS
JUDGMENT 8/
DEFAULT 0Ru"$ 45
based on the pleadings,
depositions, admissions
and affidavits
based solely on the
pleadings.
based on the complaint
and evidence, if
presentation is re%uired.
available to both plaintiff
and defendant
generally available only to
the plaintiff, unless the
defendant presents a
counterclaim.
available to plaintiff.
there is no genuine
issue between the parties,
i.e. there may be issues but
these are irrelevant
there is no issue or there is an
admission of material
allegations.
no issues as no answer
is filed by the defending
party.
17-day notice re%uired ,-day notice re%uired ,-day notice rule
applies.
0ay be interlocutory or on
the merits
/n the merits /n the merits
SUMMAR/ JUDGMENT
- *pecially applicable to the special civil action for declaratory relief
PROPER ONL/ IN ACTIONS
1" o recover a debt
#" @or a li%uidated sum of money
," @or declaratory relief
%HEN TO FILE MOTION
C6)8!)T
- $ny time after answer is served
-E2E-)T
- $t any time
%HEN SUMMAR/ JUDGMENT IS ISSUED
Re/uisites:
1" here is no genuine issue as any material fact
#" hat the moving party is entitled to a judgment as a matter of law
No Bu$stion o& &!ct
- 5f there is any %uestion or controversy upon any %uestion of fact, there should be trial on the merits
))) <udgment is rendered on the basis of evidence which is not received in manner that evidences is received
under Rule ,7 (trial"
- 2ot formally offered in evidence
))) 5ssues raised by the defendants are not substantial but are merely a HshamI
RD1( ,:
JUDGMENTS7 FINAL ORDERS AND ENTR/ THEREOF
S$ction 9+ R$ndition o& jud)$nts !nd &in!" ord$rs+
JUDGMENT; final consideration and determination by a court of the rights of the parties, upon matters
submitted to it in an action or proceeding.
<udgment is the result, or the dispositive part of the decision while the opinion gives the grounds for the
decision.
RE:UISITES OF A JUDGMENT,
1. 5t should be in writing, personally and directly prepared by the judge
#. 0ust state clearly and distinctly the facts and the law on which it is based
,. 5t should contain a dispositive part and should be signed by the judge and filed with the cler> of court.
))) he court has to decide a %uestion or issue according to its own judgment or understanding of the laws, as
well as the laws applicable to the attendant facts E circumstances
PARTS OF A JUDGMENT,
1. /pinion of the court (findings of fact and conclusions of law"
#. 'isposition of the case (dispositive portion"
,. *ignature of the judge
))) 5n case the /6525/2 of the court varies from the '5*6/*55B( portion, the latter should prevail
444 F2indings of factG not conclusions of facts
- @acts that have been established by the evidence
))) he dispositive portion of the judgment is controlling and becomes exclusive subject of execution and
modification of writ of execution constitutes a reversible error where judgment had become final and already been
executed. 5t is settled that the only portion of a decision that becomes the subject of execution is that ordained or
decreed in the dispositive part. 3hatever may be found in the body of the decision can only be considered part of
the reasons or conclusions of the court and while they may serve at guide or enlightenment to determine the ratio
decidendi, what is controlling is what appears in the dispositive part of the decision.(Fa-ular vs. CA *##+ SCRA ,,#)
PROMULGATION- the process by which a decision is published, officially announced, made >nown to
the public or delivered to the cler> of court for filing, coupled with notice to the parties or their counsel
))) $ judgment is deemed promulgated on the day the judge gives his judgment or decision to the cler> of court
MEMORANDUM DECISION - the judgment or final resolution of the appellate court may adopt by
reference the findings of facts and conclusions of law contained in the decision of the trial court.
) FALLO or the decretal portion or dispositive portion of the judgment;
) RATIO DECIDENDI is the reason of the decision or rationale;
) O8ITER DICTUM F merely opinion of the court incidentally or collaterally expresses in the body of the judgment
but forms no part of it
SPECIAL FORMS OF JUDGMENTL
$" %ITHOUT RECEPTION OF EVIDENCE F
1. 7udgment on t'e Pleadings under Rule ,9;
#. 3ummary judgment under Rule ,8;
&" %ITH PARTIAL RECEPTION OF EVIDENCE F
1. judgment .y default under Rule C *ec., or Rule #C;
#. judgment on demurrer to evidence under Rule ,9;
,. judgment upon compromise:
4 it cannot be entered into by counsel without the >nowledge or special authority of the client;
4 a judgment upon compromise is immediately executory, not appealable and has the effect of res judicata
unless with fraud or mista>e;
4 on motion, party must as> for setting aside the judgment and the compromise itself based on fraud or
mista>e
4 in case of denial of motion, remedy is certiorari.
Su-j$cts NOT !""o.$d to -$ co)#ro)is$, <0K-!*1
a. jurisdiction of the court;
b. validity of marriage;
c. grounds for legal separation or annulment of marriage;
d. !ivil status of person;
e. @uture support;
f. @uture 1egitime.
9. 7udgment on Consent is a judgment, the provisions and terms of which are settled and agreed
upon by the parties to the action and entered in the record by the consent of the court.
JUDGMENT ON CONSENT JUDGMENT OF CONFESSION
1" un%ualified agreement of both parties to
the action
/nly an affirmative or voluntary act of
defendant.
#" courts have no hand in the terms of
judgment
!ourt exercises minimum supervision over
the entry
&oth immediately executory
&oth need special authority from their clients
8. 7udgment unc Pro Tunc rendered to enter or record such judgment as has been formerly
rendered but has not been entered as thus rendered.
M Pur#os$, to record previous act of the court not recorded to ma>e the record spea> the truth without any
change in substance or in any material respect;
4 2either a rendition of new judgment not determination of new rights;
:. Clarificatory 7udgmentH )mended 7udgment
4 where the original judgment is ambiguous ma>ing it difficult to enforce, the court ma>es a thorough study of
the original and renders and amended judgment after considering all the factual and legal issues.
;. 3upplemental -ecision serves to bolster or add something to the primary decision but not to supersede it.
=. 7udgment on 3everal Parties made by re%uiring then to file adversarial pleadings to determine their
respective rights and obligation under the original judgment.
C. 3everal judgments 9 5n an action against several defendants, the courts may, when a several judgment is
proper, render judgment against one or more of them, leaving the action to proceed against the others.
4 not proper in actions against solidary debtors.
17. 3eparate 7udgments are made when more than one claim for relief is presented in an action, the court at
any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of
the transaction or occurrence which is the subject matter of the claim, may render a separate judgment
disposing of such claim.
11. 7udgment against entity wit'out juridical personality, the judgment shall set out their individual or
proper names, if >nown.
))) he power to amend a judgment is inherent to the court before judgment becomes final and
executory. /nce a judgment has attained finality (expiration of the period to appeal", no further
amendment or correction can be made by the court except for clerical errors or mista>es.
A JUDGMENT is consid$r$d RENDERED, the filing of the signed decision constitutes the rendition of a
judgment. his includes an amended decision because an amended decision is a distinct and separate
judgment and must follow the established procedural rule.
))) he d!t$ o& t'$ &in!"it* o& t'$ jud)$nt or &in!" ord$r shall be deemed to be the date of its
entry. he judgment or final order shall be entered by the cler> in the boo> of entries of judgments if
no appeal or motion for new trial or consideration is filed within 18 days
%HEN JUDGMENT OR FINAL ORDER ATTAINS FINALIT/DEXECUTOR/N
1" AS TO THE COURT F if no appeal or motion for new trial or reconsideration is filed within the time prescribed,
the judgment or final order shall be entered by the cler> in the boo> of entries of judgments and the date of
finality of the judgment or final order shall be deemed to be the date of its entry and the same is considered
@52$1 @/R 6DR6/*(* /@ (Q(!D5/2.
#" AS TO THE PARTIES F upon receipt of the judgment/final order and the lapse of period of filing an appeal or
motion for new trial or reconsideration, the judgment or final order and shall be deemed @52$1 $2'
(Q(!D/RH @/R 6DR6/*(* /@ $66($1.
FINAL ORDER VS+ INTERLOCUTOR/ ORDER
FINAL ORDER
))) /ne which disposes of the whole subject matter or terminates a particular proceeding or action leaving
nothing to be done except to enforce by execution what has been determined
INTERLOCUTOR/ ORDER
))) 'oes not dispose of a case completely but leaves something to be adjudicated upon
444 $ttac> of judgment maybe direct or collateral
G$n$r!" Ru"$, Balidity of a judgment or order of a court cannot be collaterally attac>. 5t must be a direct atac> either
by appeal or certiorari.
E6c$#tions,
1. 1ac> of jurisdiction;
#. 5rregularity of entry apparent from the face of the record.
Dir$ct !tt!c@
a..efore finality
1.motion for new trial or reconsideration
#.appeal
b. after finality
1. relief from judgment, Rule ,=
#. annulment of judgment, Rule 9;

))) 3e have said time and again that where there is an ambiguity caused by an omission or mista>e in the
dispositive portion of the decision, this !ourt may clarify such ambiguity by an amendment even after the judgment
has become final. 5n doing so, the !ourt may resort to the pleadings filed by the parties and the findings of fact and
the conclusions of law expressed in the text or body of the decision.(.artosa vs. CA)
PROMULGATION OF JUDGMENT
!ourt Renders 'ecision
Losin P!rt*
@iling appeal within
18 days from notice
of judgment
$ccepts
decision without
further contest
3ithin 18 days from
notice of judgment.
0otion for
reconsideration; or
5f no appeal
is ta>en or
did not avail
of remedies,
judgment
becomes
final and
executory
!ourt
maintains
decision
!ourt grants
motion.
1.modifies
decision; or
#.grants
1osing party may appeal
within the remaining period
S$ction >+ S$($r!" jud)$nts+
CONCEPT o& SEVERAL JUDGMENTS
))) here are # or more defendants E the liability that they have with respect to the obligation is LjointM
))) he court may render judgment against one or more of them, leaving against one or more of them, leaving
the action to prove against the others.
))) *everal judgment is proper where the liability of each party is clearly separable and distinct from his
co-parties such that the claims against each of them could have been the subject of separate suits, and
the judgment for or against one of them will not necessarily affect the other.
))) $ several judgment is not proper in actions against solidary debtors.
SEPARATE VS+ SEVERAL
*eparate judgment
- 3hat is several are the !$D*(* /@ $!5/2, or claims or counterclaims
*everal judgment
- 3hat are several are the 2D0&(R /@ '(@(2'$2*
S$ction 3+ S$#!r!t$ Jud)$nts
))) 5s proper when more than one claim for relief is presented in an action and a determination as to the
issues material to the claim has been made. he action shall proceed as to the remaining claims.
))) 5n case of separate judgments, the court may defer the enforcement thereof to await the result of the
hearing of the other causes of action
REMEDIES AGAINST JUDGMENT/FINAL ORDERS
$" 8EFORE FINALIT/ OF JUDGMENT OR ORDER ;
1. 0otion for Reconsideration under Rule ,;;
#. 0otion for 2ew rial under Rule ,;;
,. $ppeal under Rule 97 F 98;
&" AFTER FINALIT/ OF JUDGMENT OR ORDER F
1. 6etition for relief from judgment under Rule ,=;
#. 6etition for !ertiorari under Rule 98;
,. $nnulment of <udgment under Rule 9;;
))) $ final and executory judgment may yet be amended on harmless or typographical error.
))) $ court may still amend a final and executory judgment to clarify an ambiguity caused by an omission or
mista>e in disposition of the decision.