4.

Misjoinder of causes of action NOT a ground for dismissal; the action

Rule 1 General Provisions may, on motion or motu proprio, be severed and proceeded with separately.
Rule 3 Parties to Civil Actions
1. Civil action – one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong; may be 1. Claims that Survive the Death of a Party:
ordinary or special
1. Actions to recover real and personal property against the estate;
Criminal action – one by which the state prosecutes a person for an act
2. Actions to enforce liens thereon;
or omission punishable by law 3. Actions to recover for injury to persons or property by reason of tort;
Special proceeding – remedy by which a party seeks to establish a status, 4. Actions to recover money arising from contract, express or implied.
a right, or a particular fact
2. Rules of Court shall NOT be applicable to the following, except by 2. Death of defendant in action on contractual money claims before
analogy or in a suppletory character, and whenever practicable and judgment of RTC NOT ground for dismissal. Action continues until entry of
convenient final judgment. Any judgment against estate of deceased will be enforced
1. Election cases; as money claim. Writ of preliminary attachment, if any, not dissolved.
2. Land registration;
3. Cadastral proceedings; 3. Requisites of Permissive Joinder of Parties:
4. Naturalization proceedings; and
5. Insolvency proceedings 1. Right to relief arises out of the same transaction or series of
Rule 2 Cause of Action transactions, whether jointly, severally, or in the alternative;
1. Cause of action – an act or omission by which a party violates the right of 2. There is a question of law or fact common to all the plaintiffs and
defendants;
another
3. Such joinder is not otherwise proscribed by the provisions of the
2. Requisites of Joinder of Causes of Action: Rules on jurisdiction and venue.

1. The party joining the causes of action shall comply with the rules on 4. Requisites of a Class Suit:
joinder of parties;
1. Subject matter of the controversy is one of common or general
2. The joinder shall NOT include special civil action or actions governed
interest to many persons;
by special rules;
2. Parties affected are so numerous that it is impracticable to bring
3. Where the causes of action are between the same parties but pertain
them all to the court;
to different venues or jurisdiction, the joinder may be allowed in the
3. Parties bringing the class suit are sufficiently numerous or
RTC provided one of the causes of action falls within the jurisdiction
representative of the class and have the legal capacity to file the
of the RTC and the venue lies therein;
action.
3. Where the claims in all the causes of action are principally for recovery
5. Transfer of Interest
of money, the aggregate amount claimed shall be the test of jurisdiction.
 à Action may be continued by or against the original party, unless the
court, on motion, directs the transferee to be substituted in the action or
joined with the original party; however, if transfer is made before
commencement of the action, the transferee must necessarily be the party,
since only he is the real party in interest.
Rule 4 Venue Of Actions
* Uniform rule on venue in RTC and MTC
1. Venue of real actions – in the proper court which has jurisdiction over
the area wherein real property involved or a portion thereof is situated.
2. Venue for forcible entry and detainer actions – in the MTC of the
municipality or city wherein the real property or a portion thereof is situated.
3. Venue of personal actions – where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or any of the principal defendants
resides, or in the case of a non-resident defendant where he may be found,
at the election of the plaintiff.
NOTE: “residence” means place where party actually resides at time of
action; does NOT mean permanent home or domicile.
4. Action against non-resident not found in the Philippines
1. Action Affects the Plaintiff’s Personal Status – in the court of the
place where the plaintiff resides.
2. Action Affects Any Property of the Defendant in the Philippines –
where the property or any portion thereof is situated or found.
5. Rules on Venue shall NOT apply:
1. In those case where a specific rule or law provides otherwise
(e.g., civil case for damages in cases of libel, where Article 360 of RPC
provides specific rules on venue); OR
2. Where the parties have validly agreed IN WRITING before the filing
of the action on the EXCLUSIVE venue thereof.
à In this instance, the action can only be filed in the place agreed upon even
if the other place is the place of residence of the parties or the location of
the real property involved.
Rule 5 Uniform Procedure in Trial Courts
1. The procedure in the MTCs shall be the same as that in the RTC.
2. Uniform Procedure shall NOT be applicable:
1. Where a particular provision expressly or impliedly applies only to
either of said courts.
2. In civil cases governed by the Rule on Summary Procedure.
Rule 6 Kinds of Pleadings
1. Negative Defense – specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause of action.
2. Affirmative defense – 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:
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statue of frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession or avoidance.
3. Compulsory counterclaim – Requisites:
1. Arises out of or is necessarily connected with the transaction or
occurrence which is the subject matter of the opposing party’s claim;
2. Does not require for its adjudication the presence of 3rd parties of
whom the court cannot acquire jurisdiction; and
3. Must be within the jurisdiction of the court both as to the nature and
the amount, except that in an ORIGINAL action in the RTC, the
counterclaim may be considered regardless of the amount.
à Agustin vs. Bacalang
 2. Allegations therein are true and correct as of his personal knowledge
A court (if MTC) has no jurisdiction to hear and determine a set-off or or based on authentic records. (SC Circular 48-2000, effective May 1,
counterclaim in excess of its jurisdiction. A counterclaim beyond the court’s 2000)
jurisdiction may only be pleaded by way of defense, the purpose of which is
4. A pleading required to be verified which:
to defeat or weaken the plaintiff’s claim, but NOT to obtain affirmative
relief. MOREOVER, the amount of judgment obtained by the defendant on 1. Contains a verification based on “information and belief”, OR
appeal cannot exceed the jurisdiction of the court in which the action 2. Contains a verification based on “knowledge, information and
began. Since the trial court did not acquire jurisdiction over the belief,” OR
counterclaim in excess of the jurisdictional amount, the appellate court 3. Lacks a proper verification
likewise did not have jurisdiction over the same. In such a case, the award
in excess of the jurisdiction of the trial court is void. àShall be treated as an unsigned pleading.
à Calo vs. Ajax
1. 5. What pleadings have to be verified:
A counterclaim, even if otherwise compulsory, but amount exceeds the 1. Petition for relief from judgment (38.3)
2. Appeal by certiorari from CA to SC (45.1)
jurisdiction of the inferior court, will only be considered permissive. Hence,
3. Complaint with prayer for preliminary attachment (57. 3)
fact that it is not set-up in the inferior court will not bar plaintiff from
4. Complaint for injunction (58.4)
instituting a separate action to prosecute it.
5. Complaint for replevin (60.2)
6. Petition for certiorari (65.1)
Rule 7 Parts of a Pleading
7. Petition for prohibition (65.2)
1. 1. Formal Requirements of Pleadings:
8. Petition for mandamus (65.3)
2. 2. Signature of the lawyer constitutes a certification by him that:
9. Complaint for forcible entry or unlawful detainer (70.4)
1. Caption
10. Petition for appointment of general guardian (93.2)
2. Title
11. Petition for leave to sell or encumber property of estate or guardian
3. Body divided into headings and paragraphs
(95.1)
4. Body divided into headings and paragraphs
12. Petition for declaration of competency of the ward (97.1)
5. Signature and address
13. Petition for habeas corpus (102.3)
6. Verification in some cases
14. Petition for change of name (103.2)
1. He has read pleading
15. Petition for voluntary dissolution of a corporation (104.1)
2. To the best of his knowledge, information, and belief, there is good
16. Petition for cancellation or correction of entries in the civil registry
ground to support it
(108.1)
3. It is not interposed for delay.
17. Petition to take deposition in perpetuam rei memoriam (before action
3. How a Pleading is Verified: By an affidavit stating that or pending appeal) (24.2)
18. Motion to set aside a default order of an inferior court
1. Affiant (person verifying) has read the pleading
 19. Motion for dissolution of preliminary injunction on the ground of
irreparable damage to the movant while the adverse party can be
fully compensated
20. Petition for appointment of receiver
21. Petition for review of the decision of an RTC in cases within the
exclusive original jurisdiction of the inferior court, by and elevated to
the CA.
22. Pleadings that need not be verified but must be under oath:
23. Denial of the genuineness and due execution of an actionable
document (8.8)
24. Denial of allegations of usury (8.11)
25. Answer to written interrogatories (25.2)
26. Answer to request for admission (26.2)
27. Notice of appeal from administrative tribunals to the CA
6. Supporting affidavits of merit required:
1. Motion to postpone for absence of evidence (30.3)
2. Motion to postpone for illness of a party or counsel (30.4)
3. Motion for summary judgment or opposition thereto (35.1,2,3,5)
4. Motion for new trial on the ground of FAME or opposition thereto
(37.2)
5. Petition for relief from judgment (38.3)
6. Third-party claim (39.16)
7. Proof required of a redemptioner (39.30)
8. Motion for preliminary attachment (57.3)
9. Motion for dissolution of preliminary injunction (58.6)
10. Application for writ of replevin (60.2)
11. Claim against the estate of the decedent (86.9)
12. Motion for new trial based on newly discovered evidence in criminal
cases (121.4)
7. Certification against Forum-Shopping: Plaintiff or principal party shall
certify under oath in the complaint or other initiatory pleading or in a sworn
certification annexed and filed therewith:
1. That he has not commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency; to the
best of his knowledge no such other claim or action pending;
2. If there is such other pending action, a complete statement of the
present status thereof;
3. If he should thereafter learn that same or similar action or claim is
filed or pending, he shall report the same within 5 days therefrom to
the court where he filed his complaint.
NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF
THE COMPLAINT OR PLEADING BUT SHALL BE CAUSE FOR DISMISSAL
OF THE CASE WITHOUT PREJUDICE; IF THE ACTS OF PARTY OR
COUNSEL CLEARLY CONSTITUTE WILLFUL & DELIBERATE FORUM
SHOPPING, GROUND FOR SUMMARY DISMISSAL WITH PREJUDICE AND
CONSTITUTE DIRECT CONTEMPT.
à For Forum-Shopping to exist, there must be:
1. Same transactions involved;
1. Same essential facts and circumstances; and
2. Actions raise identical cause of action, subject matter, and
issues.
Rule 8 Manner of Making Allegations in Pleadings
1. Allegations of capacity
1. Capacity 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
organized association that is made a party must be averred;
2. To 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
pleader’s knowledge.
2. Action or defense based on document
1. Substance of such document set forth in the pleading;
 2. Original or copy attached to the pleading as exhibit and deemed to
be part of the pleading; OR
3. Copy may be set forth in the pleading with like effect.
1. 3. How to contest actionable document: Genuineness and due
execution of instrument deemed admitted unless adverse party:
1. Specifically denies them under oath;
2. Sets forth what he claims to be the facts.
à Requirement of an oath does NOT apply:
1. When diverse party does not appear to be a party to the instrument;
or
2. When compliance with an order for an inspection of the original
instrument is refused.
à Admission of genuineness and due execution:
1. Party whose signature appears admits that he signed it, or that it was
signed by another with his authority
2. Was in words and figures as set out at the time it was signed
3. Document was delivered
4. Any formal requisites required by law which it lacks are waived by
him
à The following defenses are cut-off by admission of genuineness and due
execution of the document:
1. Signature is a forgery
2. Signature is unauthorized
3. Corporation is not authorized under its charter to sign the instrument
1. Party charged signed the instrument in some other capacity
than that alleged in the pleading setting it out
2. Document was never delivered.
3. 4. Specific Denial
1. Defendant must specify each material allegation of fact the truth of
which he does not admit;
2. Defendant must set forth the substance of the matters upon which
he relies to support his denial, whenever practicable;
3. If denying only part of an averment, he shall specify so much of it as
is true and material and shall deny the remainder;
4. If defendant does not have knowledge or information sufficient to
form a belief as to the truth of a material averment, he shall so state
and this has effect of denial.
à Negative pregnant – a denial which at the same time involves an
admission of the substantial facts in the pleading responded to.
5. Allegations not specifically denied, other than those as to amount of
unliquidated damages deemed admitted.
Rule 9 Effect of Failure to Plead
1. General Rule: Defenses and objections not pleaded in answer or motion
to dismiss are deemed waived (Omnibus Motion Rule).
Exception: Court shall dismiss the claim, even without allegation in answer
or motion to dismiss, if any of the following appear from the pleadings or
the evidence on record:
1. Lack of jurisdiction over the subject matter;
2. Litis pendentia between same parties for the same cause;
3. Res judicata
4. Action barred by statute of limitations.
1. 2. Declaration of Default
1. Defendant entitled to notice of motion to declare him in default and
of order of default;
2. Motion to set aside order of default may be filed after notice and
before judgment;
3. Party may make motion, under oath, to set aside order of default
upon proper showing that failure to answer was due to FAME;
4. Effect of order of default – party in default entitled to notice of
subsequent proceedings but not to take part in trial;
 5. Partial default – if several defending parties and not all in default, the Merely an addition, and does
court shall try the case against all upon the answers thus filed and Results in the withdrawal of the NOT result in the withdrawal of,
evidence presented; original pleading the original pleading
6. After declaration of default, court may render judgment on the basis
of the complaint or require claimant to submit evidence; Can sometimes be made as a
matter of right Always filed with leave of court
7. Judgment against party in default shall not exceed the amount or
differ in kind from that prayed for nor award unliquidated damages; Rule 11 When to File Responsive Pleadings
8. No defaults in action for annulment or declaration of nullity of 1. 1. Answer to complaint – 15 days from service, unless different
marriage or for legal separation. period fixed by the courts;
Rule 10 Amended and Supplemental Pleadings 2. 2. Answer of defendant foreign private juridical entity – when
service of summons is made on the government official designated
1. Amendments of pleadings may be made once as a matter of right: by law, answer to be filed within 30 days from receipt of summons by
such entity.
1. At any time before responsive pleading is served 3. 3. Answer to amended complaint – if amended as a matter of right,
2. In the case of a reply, anytime within 10 days after service. 15 days from being served with copy thereof

à Plaintiff may amend complaint as a matter of right even after defendant à If amended not as a matter of right, 10 days from notice of order
files a Motion to Dismiss, since the same is not a “responsive pleading.” admitting the same

1. 2. Substantial amendments may be made only with leave of à Answer earlier filed may be answer to amended complaint, if no new
court, except as provided above. answer is filed
2. 3. An amended pleading supersedes the pleading that it amends
but admissions in superseded pleadings may be received in evidence à Applicable to amended counterclaim, cross, third, etc,
against the pleader. (NOT judicial admissions anymore; thus, must
be formally offered) 1. 4. Answer to counterclaim or cross-claim – within 10 days from
3. 4. Claims and defenses alleged in original but not incorporated in service.
the amended pleading shall be deemed waived. 2. 5. Answer to 3rd party complaint – 15 days from service
3. 6. Reply – may be filed within 10 days from service of the pleading
5. Amended and Supplemental pleadings distinguished: responded to.
Rule 12 Bill of Particulars
Amended Supplemental 1. 1. Bill of particulars
1. Period of filing motion – before responding to a pleading; if pleading
Refers to facts existing at the
time of the commencement of Refers to facts arising after the is a reply, within 10 days from service thereof;
the action filing of the original pleading 2. Order for bill must be complied with in 10 days from notice OR
period fixed by court
3. After service of bill or denial of motion – party has balance of time he
was entitled to file responsive pleading, but not less than 5 days
à Motion for Bill of Particulars may NOT call for matters which form part of 1. Leave copies at his residence, with person of suitable
the proof of the complaint. Thus, motion should not be granted if the age and discretion residing therein; OR
complaint, while not very definite, nonetheless already states a sufficient 2. Leave copies at defendant’s office/regular place of
cause of action. business, with competent person in charge thereof.
3. 3. By whom served:
Rule 13 Filing and Service of Pleadings, Judgments and Other Papers 4. 4. When extraterritorial service allowed:
1. 1. Kinds of service of pleadings: 5. 5. Kinds of extra territorial service
1. Personal service – to be done whenever practicable (Most preferred 6. 6. When service by publication in a newspaper of
mode) general publication allowed:
2. Service by mail (ordinary if no registered mail) 1. Signed by the clerk under the seal of the court
3. Substituted service (delivering copy to clerk of court with proof of 2. Name of the court and that parties to the action
failure of 1st 2 modes) 3. Direction that the defendant answer within the time fixed by these
à Except with respect to papers emanating from the court, a resort to other rules
modes must be accompanied by a written explanation why the service or 4. Notice that unless defendant so answers, plaintiff will take judgment
by default
filing was not done personally.
1. Personal:
à Violation of rule may be cause to consider the paper as not filed. 3. By publication
1. Sheriff
1. 2. Kinds of service of final orders: 2. Other proper court officer
1. Personal 3. Any suitable person specially authorized by the judge
2. Registered mail 1. Defendant is a non-resident and is not found in the Philippines and
3. Publication (if summons by publication) action affects plaintiff’s personal status
2. Subject of action is property within the Philippines in which the
3. Proof of personal service defendant has or claims a lien or interest
3. Where relief demanded consists in whole or in part in excluding the
1. Written admission of party served; defendant from any interest in such property
2. Official return of the server; or 4. When property of defendant has been attached within the
3. Affidavit of party serving, containing a full statement of the date, Philippines
place and manner of service. 1. Personal service
Rule 14 Summons 2. Publication and summons sent by registered mail to last known
1. 1. Contents of summons address
2. 2. Kinds of service of summons: 3. Any other matter the court may deem sufficient
3. Handing a copy to the defendant in person; OR 1. Identity of defendant unknown
1. If he refuses to receive and sign for it, by tendering it to him 2. Whereabouts of defendant unknown and cannot be ascertained by
2. Substituted: diligent inquiry
à (a) and (b), applies to ANY action, even actions in personam
 3. Defendant is non-resident and the suit is quasi in rem
4. Defendant is temporarily out of the country and the suit is quasi in
rem
1. 7. Service upon private domestic juridical entity – refers to
corporation, partnership, or association organized under Phil. Laws
with a juridical personality:
2. 8. Service upon private foreign juridical entity transacting business
in the Phils:
1. President
2. Managing partner
3. General manager
4. Corporate secretary
5. Treasurer
6. In-house counsel
1. Resident agent designated in accord with Law
2. If no such agent, on government official designated by law OR
3. On any of its officers or agents within the Phils
NOTE: IF NO RESIDENT AGENT, SERVICE OF SUMMONSES AND
PROCESSES ON THE SEC.
1. 9. Newspaper of general circulation (RA 4883, PD 1079)
1. Published for the dissemination of local news and general
information
2. Has a bona fide subscription list of subscribers
3. Published at regular intervals
4. Not published for nor devoted to the interest of a particular group of
persons
5. Must have been regularly published for at least 2 years before the
date of the publication in question.
à Mere filing of an answer per se should not be automatically treated as a
voluntary appearance by the defendant for the purpose of sumons. It
should be noted that when the appearance of the defendant is precisely to
object to the jurisdiction of the court over his person, it cannot be
considered as an appearance in court.
Rule 15 Motions
1. 1. All motions must be in writing except:
2. 2. Exceptions to the three-day notice rule:
1. Those made in open court; OR
2. Those made in the course of a hearing or trial.
1. Ex parte motion
2. Urgent motion
3. When court sets hearing on shorter notice for good cause
4. Motion for summary judgment (must be served at least 10 days
before the hearing)
à A prudent judge would, in the absence of the opposing party in the
hearing of a motion, inquire from the other party or inquire from the
records the proof of the service of notice rather than proceed with the
hearing. He should not rely on a party’s undertaking to notify the adverse
party of a scheduled hearing. The judge must demand what the rule
requires, i.e., proof of such notice on the adverse party. Otherwise, a
contentious motion should be considered a mere scrap of paper which
should not have even been received for filing.
à Subsequent service of the motion on the adverse party may be considered
substantial compliance with the Rule 15, § 6. Failure to attach to the motion
proof of service thereof to the adverse party is not fatal when the adverse
party had actually received a copy of the motion and was in fact present in
court when the motion was heard.
Rule 16 Motion to Dismiss
1. 1. Motion to Dismiss must be filed within the time for and before
the filing of an answer to complaint.
2. 2. Grounds for motion to dismiss:
1. Court has no jurisdiction over the person of the defendant- unlike old
rule, inclusion in motion to dismiss of other grounds aside from lack
of jurisdiction over the person does NOT constitute a waiver of the
said ground or voluntary appearance;
2. Court has no jurisdiction over the subject matter of the claim;
3. Venue is improperly laid;
 4. Plaintiff has no legal capacity to sue;
5. There is another action pending between the same parties for the
same cause;
à Requisites of litis pendentia:
1. Identity of parties/interest
2. Identity of rights asserted and prayed for/relief founded on the same
facts;
3. Identity of the 2 cases (such that judgment in one would amount to
res judicata in the other)
6. Cause of action is barred by a prior judgment or by statute of
limitations;
à Requisites of res judicata:
1. Final judgment or order
2. Rendered by court of competent jurisdiction
3. On the merits (even without trial, such as cases decided by Judgment
on the Pleadings, Summary Judgment, or dismissed for failure to
prosecute or for refusal to obey an order of the court)
4. Identity of the parties
7. Pleading asserting claim states no cause of action;
8. Claim or demand in the plaintiff’s pleading has been paid, waived,
abandoned, extinguished;
9. Claim on which action is founded is unenforceable under the statute
of frauds;
10. Condition precedent for filing has not been complied with (this
includes prior recourse to barangay conciliation, or failure to make
attempts to reach a compromise in cases between members of the
same family)
à The court shall not defer the resolution of the motion for the reason that
the ground relied upon is not indubitable.
3. Actions that court may take on a Motion to Dismiss:
1. Grant it – remedy: appeal
2. Deny – NOT appealable; but may avail of certiorari, prohibition and
mandamus
3. Order amendment of the pleading
4. If denied, defendant must file answer within the balance of the 15-day
period, but not less than 5 days from the time he received notice of the
denial;
5. Subject to the right to appeal, dismissal based on the following grounds
will be bar to refiling:
1. a. Res judicata
2. Extinguishment of claim or demand
3. Prescription
4. Unenforceability under the Statute of Frauds
6. The dismissal of the complaint shall be without prejudice to the
prosecution in the same or separate action of a counterclaim pleaded in the
answer.
à A motion to dismiss on the ground of failure to state a cause of action in
the complaint must hypothetically admit the truth of the facts alleged in
the complaint. The admission, however, is limited only to all material and
relevant facts which are well pleaded in the complaint. The demurrer does
not admit the truth of mere epithets charging fraud; nor allegations of legal
conclusions; nor an erroneous statement of law; nor matters of evidence;
nor to legally impossible facts.
Rule 17 Dismissal of Actions
1. 1. Dismissal by the plaintiff
1. Notice of dismissal any time before service of the answer or a motion
for summary judgment;
à Dismissal is without prejudice EXCEPT on 2nd notice of dismissal, which
operates as adjudication on the merits when filed by same plaintiff who has
once dismissed an action based on or including said claim.
1. If answer or motion for summary judgment already served, dismissal
by a Motion for Dismissal, which shall require approval of the court;
shall be without prejudice unless otherwise specified by the court
à If counterclaim has been pleaded by a defendant prior to the service upon
him of plaintiff’s motion to dismiss, dismissal is limited to the complaint;
dismissal is without prejudice to defendant’s right to prosecute
counterclaim in a separate action or, if he makes a manifestation within 15
days from notice of the motion, to prosecute CC in same action.
1. 2. Dismissal due to plaintiff’s fault – the following must be without
justifiable cause
1. If plaintiff fails to appear on the date of presentation of his evidence
in chief;
2. Plaintiff fails to prosecute claim for an unreasonable length of time
3. Plaintiff fails to comply with the Rules of Court or any order of the
court
à Complaint may be dismissed upon defendant’s motion or motu proprio.
à Unless otherwise declared by the court, dismissal has effect of
adjudication upon the merits.
RULE ON SEVERANCE OF COMPULSORY CC: Dismissal of principal action
upon plaintiff’s motion or due to plaintiff’s fault does not necessarily carry
with it the dismissal of the compulsory CC; defendant is also given option to
prosecute the same in same or separate action.
1. 3. Dismissal of counterclaim, cross-claim, or 3rd-party complaint –
must be made by claimant before a responsive pleading or a motion
for summary judgment is served, or if there is none, before the
introduction of evidence.
Rule 18 Pre-Trial
1. What to consider in pre-trial (with notice to counsel or party without
counsel)
1. Possibility of amicable settlement or arbitration
2. Simplification of the issues
3. Amendments to the pleadings
4. Stipulations or admissions of facts and documents
5. Limitation of number of witnesses
6. Preliminary reference of issues to a commissioner
7. Propriety of judgment on the pleadings, summary judgments, or
dismissal of action
8. Other matters for the prompt disposition of the action
1. 2. It is the duty of the plaintiff to move ex parte for the setting of
the case for pre-trial. However, if plaintiff answers the defendant’s
counterclaim, it will be the latter’s duty to set the pre-trial.
2. 3. Failure of plaintiff to appear shall be cause for dismissal of the
action. Non-appearance of defendant is cause to allow plaintiff to
present evidence ex parte and the court to render judgment on basis
thereof.
3. 4. Non-appearance of party excused only if:
1. 5. Must file pre-trial brief so as to ensure that other party
receives it at least 3 days before pre-trial. Failure to file brief
has same effects as failure to appear at pre-trial.
2. 6. Proceedings recorded, and court shall issue an order
reciting in detail matters taken up.
1. A valid cause is shown therefor OR
2. If representative shall appear in his behalf fully authorized in writing
to enter into an amicable settlement, to submit to alternative modes
of dispute resolution, and to enter into stipulations or admissions of
facts and of documents,
Rule 19 Intervention
1. 1. Grounds for intervention
2. 2. Motion may be filed at any time before rendition of judgment.
1. 3. Answer to complaint-in-intervention must be filed within
15 days from notice of court admitting the complaint.
2. 4. Motion for intervention will be granted if it will not unduly
delay or prejudice adjudication of rights or original parties and
if the intervenor’s rights may be fully protected in separate
proceedings.
3. 5. Complaint in intervention is merely collateral to the
principal action. Hence, it will be dismissed if main action is
dismissed.
4. 6. A complaint in intervention that seeks affirmative relief
prevents a plaintiff from taking a voluntary dismissal of the
 main action. Such a case is not subject to dismissal upon
intervenor’s petition showing him to be entitled to affirmative
relief. The petition will be preserved and heard regardless of
the disposition of the main action.
1. Legal interest in the matter in litigation
2. Interest in the success of either or both parties or interest against
both
3. Party is so situated as to be adversely affected by the distribution of
the court
4. Disposition of property in the custody of the court or of an officer
thereof.
Rule 20 Calendar of Cases
1. Calendar of cases to be kept by clerk of court for cases set for pre-trial,
trial, those whose trials adjourned or postponed and those with motions set
for hearings.
1. 2. Preference given to habeas corpus, election cases, special civil
actions and those so required by law.
Rule 21 Subpoena
1. 1. Subpoena issued by:
1. The court before whom witness is required to attend;
2. The court of the place where the deposition is to be taken;
3. The officer or body authorized by law to do so in connection with its
investigations;
4. Any Justice of the SC or CA in any case or investigation pending
within the Phils
2. No prisoner sentenced to death, reclusion perpetua, or life imprisonment
and who is confined in any penal institution shall be brought outside said
institution for appearance or attendance in any court unless authorized by
the SC.
1. 3. Grounds for quashing subpoena duces tecum
2. 4. Ground for quashing subpoena ad testificandum
1. It is unreasonable or oppressive
2. The articles sought to be produced do not appear to be relevant
3. Person asking for subpoena does not advance cost of production
1. The witness is not bound thereby – if witness resides more than 100
km from the place where he is to travel by the ordinary course of
travel, or if he is a detention prisoner and no permission is obtained
from the court in which his case is pending
à This is known as the “viatory right” of the witness; NOTE, however, that
the right is available only in CIVIL cases
2. Witness fees and kilometrage allowed by rules not tendered when
subpoena served.
1. 5. Service of subpoena made in the same manner as personal or
substituted service of summons.
2. 6. Person present in court before a judicial officer may be required
to testify as if he were in attendance upon a subpoena.
3. 7. Failure by any person without adequate cause to obey a
subpoena served upon him shall be deemed a contempt of the court
from which subpoena issued.
Rule 22 Computation of Time
1. 1. Computing for any period of time: day of the act or event from
which designated period of time begins to run is to be excluded and
the date of performance included.
2. 2. If last day of period falls on Saturday, Sunday or legal holiday in
place where court sits, the time shall not run until the next working
day.
3. 3. If there is effective interruption of period, it shall start to run on
the day after notice of the cessation of the cause of the
interruption. The day of the act that caused the interruption is
excluded in the computation of the period.
Rule 23 Depositions Pending Action
DEPOSITIONS DE BENE ESSE – taken for purposes of pending action
1. 1. Depositions pending action
1. 2. Scope of examination – deponent may be examined
regarding any matter not privileged relevant to the subject of
the action
2. 3. Examination and cross-examination proceeds as in trials
3. 4. Depositions and Affidavits distinguished
1. Taken by leave of court after court obtains jurisdiction over any
defendant or property subject of the action
 2. Taken without leave after an answer has been served a public or private
3. Upon the instance of any party corporation
4. May be deposition upon oral examination or written interrogatories

Depositions Affidavits

Written testimony of witness in For any purpose, IF court

course of judicial proceedings, finds that:
in advance of trial and hearing Mere sworn written statements
1. Witness is dead;
2. b. Witness resides
Opportunity for cross- at a distance more
examination No cross-examination than 100 km from
place of trial, UNLESS
Can be competent testimonial absence procured by
evidence Little probative value (hearsay) party offering the
deposition
1. 5. Use of depositions 3. c. Witness is unable
to testify because of
à Any part or all of a deposition which is admissible in evidence may be age, sickness,
used against any party who was present or represented during the taking of infirmity, or
the deposition or who had notice thereof as follows: imprisonment;
4. d. Party offering
May be the deposition has
Purpose
Deposition of used by been unable to
procure the
To contradict or impeach the
attendance of the
deponent’s testimony as a
witness by subpoena;
A witness Any party witness
OR
5. e. Other
Any party, or exceptional
anyone who at the Of any witness,
circumstances make it
time of taking the whether a party or
desirable to allow
deposition was an not Any party
An adverse deposition to be used.
officer, director, or
party For any purpose
managing agent of
à Deponent is made the witness of the party offering the deposition.
à If only part of the deposition is introduced, adverse party may require
that all of it which is relevant to the part introduced be introduced.
6. Persons before whom depositions may be taken
a. Within the Philippines
1. Judge
2. Notary public
3. Any person authorized to administer oaths if the parties so stipulate
in writing
b. In foreign countries
1. On notice, before a secretary of any embassy or legation, consul-
general, consul, vice-consul, consular agent of the Phils
1. Before such person or officer as may be appointed by
commission or under letters-rogatories
2. Any person authorized to administer oaths if the parties so
stipulate.
Commission – addressed to any authority in a foreign country authorized
therein to take down depositions; the taking of such depositions is subject
to the rules laid down by the court issuing the commission
Letters Rogatory – addressed to judicial authority in the foreign country; the
taking of the depositions is subject to the rules laid down by such foreign
judicial authority.
7. Persons disqualified to take depositions
1. Relative within 6th degree of consanguinity or affinity of any party
2. Employee of any party
3. Counsel of any party
4. Relative within the same degree of party’s counsel
5. Employee of party’s counsel
6. Anyone financially interested in the action
8. Depositions upon written interrogatories
à Party desiring to take such deposition shall serve them upon every other
party with a notice stating the name and address of the person who is to
answer them and the name and descriptive title of the officer before whom
the deposition is to be taken;
à Party so served may serve cross-interrogatories upon the proponent
within 10 days thereafter
à Re-direct interrogatories served within 5 days
à Re-cross interrogatories served within 3 days
9. Effects of errors and irregularities in the depositions
1. As to notice – waived unless written objection is promptly served
upon the party giving the notice
2. As to disqualification of officer – waived unless made before the
taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with
reasonable diligence
3. As to competency or relevancy of evidence – NOT waived by failure
to make them before or during the taking of the deposition, unless
ground is one which might have been obviated or removed if
presented at that time
4. As to oral exam and other particulars – Errors occurring at the oral
exam in the manner of taking the deposition, in the form of
questions and answers, in oath or affirmation, or in conduct of
parties, and errors of any kind which might be obviated, removed,
cured if promptly prosecuted are waived unless reasonable objection
is made at the taking of the deposition.
5. As to form of written interrogatories – waived unless served in
writing upon party propounding them within the time allowed for
serving succeeding cross or other interrogatories and within 3 days
after the service of the last interrogatories authorized.
6. As to manner of preparation – errors as to manner in which the
testimony is transcribed or the deposition is prepared, signed,
certified, sealed, indorsed, transmitted, filed or otherwise dealt with
 by the officer are waived unless a motion to suppress the deposition
or some part of it is made with reasonable promptness after such
defect is, or with due diligence might have been, ascertained.
à A deposition, in keeping with its nature as a mode of discovery, should be
taken before and not during trial. IN fact, the rules on criminal practice –
particularly on the defense of alibi – states that when a person intends to
rely on such a defense, that person must move for the taking of the
deposition of his witness within the time provided for filing a pre-trial
motion.
Rule 24 Depositions Pending Action
DEPOSITIONS IN PERPETUAM REI MEMORIAM – taken to perpetuate
evidence for purposes of an anticipated action or further proceedings in a
case or appeal.
1. 1. Depositions before action
A person desiring to perpetuate his own testimony or that of another
person regarding any matter that may be cognizable in any court of the
Phils may file a verified petition in the court of the place of the residence of
any expected adverse party, which petition shall be entitled in the name of
the petitioner and shall show:
1. That petitioner expects to be a party to an action in a court of the
Phils but is presently unable to bring it or cause it to be brought;
2. The subject matter of the expected action and his interest therein;
3. The facts which he desires to establish by the proposed testimony
and his reasons for desiring to perpetuate it;
4. The names or description of the persons he expects will be the
adverse parties and their addresses so far as known;
5. The name and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each.
1. 2. Use of deposition
If deposition to perpetuate testimony is taken under this rule or if not so
taken is still admissible in evidence may be used in any action involving the
same subject matter subsequent brought in accordance with the provisions
of Rule 23.
Rule 25 Interrogatories to Parties
1. Interrogatories and the answers thereto should be filed in court and
served on adverse parties, so that the answers may constitute
judicial admissions.
2. Effect of failure to serve written interrogatories – a party not served
with such may NOT be compelled by the adverse party to give
testimony in open court or deposition pending appeal.
Rule 26 Admission by Adverse Party
1. 1. Request for admission
A written request for the admission of the other party of the genuineness of
any material or document or request for the truth of any material and
relevant matter of fact set forth in the request may be filed and served upon
the other party at any time after issues have been joined.
1. 2. Implied admission
Each of the matter requested to be admitted shall be deemed admitted
within a period designated in the request, which shall not be less than 15
days after service thereof or within such further time as the court may allow
on motion, UNLESS, party requested serves upon the party requesting a
sworn statement either specifically denying or setting forth in detail the
reasons why he cannot truthfully either admit or deny those matters.
1. 3. Effect of admission
Admission is only for the purpose of the pending action and shall NOT
constitute an admission for any other person nor may it be used against
him in any other proceeding.
1. 4. A party who fails to file and serve a request for admission on the
adverse party of material facts within the personal knowledge of the
latter shall not be permitted to present evidence thereon,
 Rule 27 Production or Inspection of Documents or Things
1. Any party may move for the court in which the action is pending to
order any party to:
1. Produce and permit the inspection and copying or
photographing of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, not
privileged, which:
1. Constitute or contain evidence material to any matter
involved in the action AND
2. Are in his possession, custody or control.
3. Permit entry upon designated land or other property in
his possession or control for the purpose of inspecting,
measuring, surveying, or photographing the property
or any designated relevant object or operation thereon.
2. The order:
1. Shall specify the time, place and manner of making the
inspection and taking copies AND
2. May prescribe such terms and conditions which are just.
Rule 28 Physical and Mental Examination of Persons
1. If the mental or physical condition of a party is in controversy, the
court may order him to submit to a physical or mental examination
by a physician.
2. The party examined waives any privilege he may have in that action
regarding the testimony of the person who has examined or may
examine him with respect to that same mental or physical
examination by:
1. Requesting and obtaining a report of the examination so
ordered OR
2. Taking the deposition of the examiner.
Rule 29 Refusal to Comply with the Modes of Discovery
1. If a party/deponent refused to answer:
1. The examination may be completed on other matters
2. The examination may be adjourned
3. The proponent may apply to the court for order to compel answer
à The court may then order:
1. The refusing party or his counsel to pay the expenses incurred in
obtaining the order, including the attorney’s fees (if it finds the
refusal to answer without substantial justification)
2. The proponent or his counsel to pay the expenses incurred in
opposing the application, including attorney’s fees (if it finds the
application to be without substantial justification)
2. If a party/witness refuses to be sworn or to answer after being directed
to do so by the court, the refusal may be considered contempt of that court.
1. If a party/officer or managing agent of a party refuses to obey an
order requiring him:
a. To answer designated questions
b. To produce a thing for inspection or to permit entry upon property
1. To submit to a physical or mental examination
à the court may order:
1. That the matters regarding which the questions were asked, or the
character of the land or the thing, or the physical and mental
condition of the party be taken to be established.
2. The disallowance of the disobedient party’s claims
3. The prohibition of the disobedient party to present evidence
4. The striking out of the pleadings or parts thereof
5. The dismissal of the action or parts thereof
6. Rendering judgment by default against the disobedient party OR
7. The arrest of any party or agent EXCEPT in disobeying an order to
submit to a physical or mental examination.
4. If a party refuses to attend or serve answers, the court may:
 1. Strike out all or any part of any pleading of that party.
2. Dismiss the action or any part thereof.
3. Enter a judgment by default against that party, OR/AND
4. Order that party to pay reasonable expenses incurred, including
attorney’s fees.
5. The Republic of the Philippines cannot be required to pay expenses and
attorney’s fees under this Rule.
Rule 30 Trial
1. 1. Order of trial
Trial shall be limited to the issues stated in the pre-trial order and shall
proceed as follows:
1. The plaintiff shall adduce evidence in support of his complaint;
2. The defendant shall adduce evidence in support of his defense,
counterclaim, cross-claim, and third-party complaint;
3. The 3rd-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim, and 4thparty complaint;
4. The 4th party and so forth, if any, shall adduce evidence of the
material facts pleaded by them;
5. The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the
order to be prescribed by the court;
6. The parties may then respectively adduce rebutting evidence only,
unless the court, for good reasons and in the furtherance of justice,
permits them to adduce evidence upon their original case; and
7. Upon admission of the evidence, the case shall be deemed
submitted for decision, unless the court directs the parties to argue
or to submit their respective memoranda or any further pleadings.
1. 2. Judge should personally receive evidence EXCEPT that in default
or ex parte hearings and in any case where the parties so agree in
writing, the court may delegate the reception of evidence to its clerk
of court who is a member of the bar. The clerk shall have no power
to rule on objections to any question or to the admission of exhibits,
which objections shall be resolved by the court upon submission of
his report and the transcripts within 10 days from the termination of
the hearing.
Rule 31 Consolidation or Severance
1. 1. CONSOLIDATION – the court may order a joint hearing or trial of
any or all matters in issue when actions involving a common question
of law or fact are pending before the court.
2. 2. BUT the court may order a separate trial of any claim, cross-
claim, counterclaim, or third-party complaint, in furtherance of
convenience or in the interest of justice.
Rule 32 Trial by Commissioner
Trial by commissioner:
1. 1. Reference by consent of both parties
2. 2. Reference by motion of one of the parties or motu proprio:
1. Trial requires examination of a long account of either side
2. Taking of an account is necessary for the information of the court
before judgment or for carrying a judgment order into effect
3. Question of fact, other than upon the pleadings, arises upon motion
or otherwise, in any stage of the case.
Rule 33 Demurrer to Evidence
Demurrer to evidence is made by the defendant after the plaintiff has
completed the presentation of his evidence where the defendant moves for
dismissal on the ground that upon the facts and the law the plaintiff has
shown no right to relief.
1. 1. If motion denied – defendant has the right to present evidence
2. If motion granted, but reversed on appeal – defendant deemed to have
waived the right to present evidence.
Rule 34 Judgment on the Pleadings
1. Judgment on the Pleadings is proper:
1. If answer fails to tender an issue; or
 2. If answer otherwise admits the material allegations of the adverse Judgment on the Pleadings Summary judgment
party’s pleading
Proper when there is no genuine Proper even if there is an issue
à Then court may, on motion of that party, direct judgment on the issue between the parties as to the damages recoverable
pleadings
Based not only on pleadings but
Based exclusively on the pleadings also on affidavits, depositions
2. However, the material facts alleged in the complaint shall always be without introduction of evidence and admissions of the parties
proved in actions for:
Proper only in actions to recover
1. Declaration of nullity of marriage a debt, or for a liquidated sum
2. Annulment of marriage Available in any action, except the of money, or for declaratory
3. Legal separation 3 exceptions relief
Rule 35 Summary Judgments
à Motions for summary judgment may be filed by the claimant or by the
Summary judgment: defending party. The defending party may file such motion, pursuant to
Rule 35, §2“at any time”, as distinguished from §1 where the claimant may
1. 1. Proper if no genuine issue as to any material fact (except as to
file the motion at any time after the answer is filed.
damages recoverable) and if moving party is entitled to a judgment
as a matter of law Rule 36 Judgments, Final Orders and Entry Thereof
2. 2. Based not only on pleadings but also on affidavits, deposition, 1. 1. The date of the finality of the judgment or final order shall be
and admissions of the parties showing that, except as to the amount deemed to be the date of its entry. The judgment or final order shall
of damages, there is no genuine issue. be entered by the clerk in the book of entries of judgments if no
3. 3. Motion shall be served at least 10 days before the time specified appeal or motion for new trial or consideration is filed within 15 days
for the hearing. 2. 2. Several Judgments
1. 4. May be asked for by a party seeking to recover upon a
claim, counterclaim, cross-claim or to obtain a declaratory In action against several defendants, the court may render judgment
relief. against one or more of them, leaving the action to proceed against the
others.
5. Although Rule does not specifically provide, also unavailable in actions
for annulment of and declaration of nullity of marriage, and for legal
separation since Sec. 1 refers to actions “to recover upon a claim”, or to
recover a debt or a liquidated demand for money, or “to obtain declaratory 1. 3. Separate judgments
relief.”
Judgment rendered to dispose of one of the several claims for relief
6. Judgment on the pleadings and summary judgment distinguished: presented in an action, made 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, which
terminates such claim. Action shall proceed as to other claims
Rule 37 New Trial or Reconsideration
1. 1. Motion for new trial or reconsideration filed within 15 days from
notice of judgment and resolved by the court within 30 days from
submission for resolution.
2. 2. Grounds: Motion for New Trial
1. Fraud, accident, mistake, or excusable negligence;
2. Newly discovered evidence
à Requisites:
1. Discovered after trial
2. Could not have been discovered and produced at trial despite the
exercise of reasonable diligence
3. If presented, could probably alter the result of the action
3. Grounds: Motion for Reconsideration
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision is contrary to law
4. Motion for new trial shall be in writing, and supported by affidavits of
merit if the ground is FAME; for newly-discovered evidence, it must be
supported by affidavits of witnesses by whom such evidence is expected to
be given, or by duly authenticated documents to be introduced.
Motion for reconsideration shall specifically point out the findings or
conclusions of the judgment which are unsupported by evidence or
contrary to law, with express reference to the testimonial or documentary
evidence or the provisions of law alleged to be contrary to such findings.
5. Pro forma motion for new trial or reconsideration shall not toll the period
for appeal.
6. No second motion for reconsideration allowed. Second motion for new
trial must be based on a ground not existing or available when the first
motion was made, which may be filed during the remainder of the 15-day
period.
Rule 38 Relief From Judgments, Orders, or Other Proceedings
1. 1. Petition for relief from judgment filed within 60 days after
learning of judgment and not more than 6 months after such
judgment
à Must be supported by affidavit showing the FAME and the facts
constituting the petitioner’s good or substantial cause of action or defense
1. 2. Party who has filed a timely motion for new trial cannot file a
petition for relief after the former is denied. The two remedies are
exclusive of one another.
2. 3. Grounds:
1. Judgment or final order is rendered and party has been
prevented by FAME from taking an appeal
1. Judgment or final order entered against a party by FAME; or
à For fraud to be extrinsic, the losing party must never have had a chance to
controvert the adverse party’s evidence.
à Uniform procedure for relief from judgments of MTC and RTC
1. 4. After petition is filed, court shall order adverse parties to answer
within 15 days from receipt. After answer is filed or expiration of
period therefor, court shall hear the petition.
2. 5. If granted, judgment set aside and court shall proceed as if timely
motion for new trial has been granted; if granted against denial of
appeal, court shall give due course to appeal.
Rule 39 Execution, Satisfaction and Effect of Judgments
1. 1. Execution as a matter of right
On motion with notice, upon a judgment or order that disposes of the 3. a. Motion for execution of final and executory judgment should be
action or proceeding upon the expiration of the period to appeal therefrom served on adverse party and set for hearing;
if no appeal has been duly perfected.
b. In case of appeal, motion is filed with court of origin supported by
à For so long as there is a certificate of entry of judgment, execution may certified true copies of final judgment of appellate court.
already be issued by the court of origin or directed to do so by the CA.
3. Appellate court may on motion order court of origin to issue writ of
1. 2. Discretionary execution – pending period to appeal or during execution (SC Circular No. 24-94, 4/18/94)
appeal; may issue only upon good reasons to be stated in a special
order after hearing. 4. Judgments NOT stayed by appeal (immediately executory, unless court
1. By trial court – even after the perfection of the appeal for so long as provides otherwise)
the motion for execution was filed while the TC has jurisdiction over
the case and is in possession or the records, upon motion of the 1. Actions for injunction
prevailing party with notice to the adverse party 2. Receivership
2. Appellate court – after the TC has lost jurisdiction 3. Accounting
4. Support
à Example: 5. Judgments declared immediately executory

P receives judgment: June 3 5. A final and executory judgment may be executed on motion within 5
years from entry. May be revived and enforced by action after lapse of 5
D receives judgment: June 1 years but before 10 years from entry. Revived judgment may be enforced
by motion within 5 years from entry and thereafter by action before barred
D files notice of appeal: June 5 by statute of limitations – file motion within 10 years from the finality of the
revived judgment.
When does trial court lose jurisdiction? June 18
6. Execution in case of party’s death:
BUT, if P also files a notice of appeal on June 10, trial court loses jurisdiction
on that date. 1. Death of judgment obligee – application of his executor or
administrator or successor-in-interest
à Execution with respect to appealed cases- there is no need to await 2. Death of judgment obligor –
remand of the records. 1. Against his executor, etc. if the judgment be for recovery of real or
personal property or the enforcement of a lien thereon.
à Execution with respect to consequential and exemplary damages should
2. If death after execution is actually levied upon his property, it may be
be postponed until such time as the merits of the case have been finally sold for satisfaction of the obligation.
determined in the regular appeal, as the amounts remain uncertain and
indefinite pending resolution. à If the judgment obligor dies after the entry but before levy, execution will
issue if it be for the recovery of real or personal property. However, if
judgment is for a sum of money, and the judgment obligor dies before levy,
such judgment cannot be enforced by writ of execution but must be filed as
a claim against his estate.
7. Writ of execution:
1. Shall issue in the name of the Republic of the Phils from court which
granted the motion
2. State the name of the court, case number and title, dispositive
portion of the judgment order
3. Require the sheriff or other proper officer to whom it is directed to
enforce the writ according to its terms
8. Manner of executing writ:
1. If judgment against property of the judgment obligor – out of real or
personal property with interest
2. If against his real or personal property in the hands of the personal
representatives, heirs, devisees, legatees, tenants, or trustees of the
judgment obligor – out of that property, with interest
3. If for sale of real or personal property – to sell property, describing it
and apply the proceeds in conformity with judgment.
4. If for delivery of possession of property – deliver possession of the
same to the party entitled to it, describing it, and to satisfy any costs,
damages, rents, or profits covered by the judgment out of the
personal property of the person against whom it was rendered, and
out of real property if sufficient personal property cannot be found.
5. In all cases, writ of execution shall specifically state the amount of
the interest, costs, damages, rents, or profits due as of date of
issuance of writ, aside from principal obligation.
à Judgment obligor is given option to choose which property may be levied
on sufficient to satisfy the judgment.
9. Property exempt from execution
1. Family home as provided by law, homestead in which he resides, and
land necessarily used in connection therewith;
2. Tools and implements used in trade, employment, or livelihood;
3. 3 horses, cows, or carabaos or other beasts of burden used in his
ordinary occupation;
4. Necessary clothing and articles for ordinary personal use, excluding
jewelry;
5. Household furniture and utensils necessary for housekeeping not
exceeding P3,000;
6. Professional libraries and equipment of judges, lawyers, physicians,
etc. not exceeding P300,000;
7. One fishing boat and accessories not more than P100,000 owned by
a fisherman and by which he earns his living;
8. Salaries, wages, or earnings for personal services within the 4
months preceding the levy which are necessary for the support of the
family;
9. Lettered gravestones;
10. Money, benefits, annuities accruing or in any manner growing out of
any life insurance;
11. Right to receive legal support or any pension or gratuity from the
government;
12. Properties especially exempted by law.
à Exemption does not apply if execution upon a judgment for its purchase
price or for foreclosure of mortgage.
à Right of Exemption is a personal right granted to the judgment
creditor. The sheriff may thus not claim it.
10. Third party claims:
1. Purpose of bond filed by judgment obligee or plaintiff is to indemnify
third-party claimant, not the sheriff or officer;
2. Amount of bond not less than value of property levied on;
3. Sheriff not liable for damages if bond is filed;
4. Judgment obligee or plaintiff may claim damages against third-party
claimant in the same or a separate action.
 5. 3rd Party claimant may vindicate his claim to property levied in a
separate action because intervention is no longer allowed since
judgment already executory; in preliminary attachment and replevin,
3rd party claimant may vindicate his claim to the property by
intervention since the action is still pending.
11. Who may redeem real property sold:
1. Judgment obligor or his successor in interest in the whole or any part
of the property;
2. Creditor having lien by virtue of an attachment, judgment, or
mortgage on the property sold subsequent to the lien under which
the property was sold. (Redeeming creditor is termed a
redemptioner).
12. Judgment obligor has one year from the date of the registration of the
certificate of sale to redeem property sold by paying the purchaser the
amount of his purchase, with 1% per month interest plus any assessments
or taxes which he may have paid thereon after purchase with interest on
said amount at 1% per month.
Redemptioners have one year to redeem from the date of registration of
the certificate of sale. They may also redeem beyond one-year period
within 60 days after the last redemption, with 2 % interest on the sum to be
paid on the last redemption. The judgment obligor’s right to redeem within
60 days from last redemption is limited to the one-year period, beyond
which he can no longer redeem.
à Purchaser or redemptioner not entitled to receive rents and income of
property sold inasmuch as these belong to the judgment obligor until the
expiration of the period of redemption.
1. In case of judgment against a specified thing, probate of will, or
administration of estate or legal condition or status, it is conclusive
on the title or condition, status, relationship, will or administration.
2. In other cases/matters directly adjudged, or matters relating thereto
that could have been raised subsequent to commencement of
action, judgment is conclusive between parties and their successors
in interest.
3. In any other litigation, that only is deemed to have been adjudged in
a former judgment or which was actually and necessarily included
therein.
14. Effect of foreign judgment
1. Judgment upon a specific thing, conclusive upon title to the thing;
2. If against a person, judgment is presumptive evidence of a right as
between the parties and their successors in interest;
15. When foreign judgment may be repelled
1. Evidence of want of jurisdiction
2. Want of notice to party
3. Collusion
4. Fraud
5. Clear mistake of law.
16. Requisites for res judicata
1. Final former judgment
2. Judgment is on the merits
3. Rendered by a court of competent jurisdiction
4. Between first and second actions, identity of subject matter, parties
and cause of action.
17. When quashal of writ of execution proper

13. Effect of judgment or final orders 1. Improperly issued

2. Defective in substance
3. Issued against the wrong party
4. Judgment was already satisfied
 5. Issued without authority à But in most cases, the mere filing of a bond is not sufficient justification
6. Change of the situation of the parties renders execution inequitable for discretionary execution.
7. Controversy was never validly submitted to the court
8. Writ varies the terms of the judgment 21. Order granting writ of execution ONLY appealable when:
9. Writ sought to be enforced against property exempt from execution
10. Ambiguity in the terms of the judgment 1. Order varies terms of the judgment
2. When vague and court renders what is believed to be wrong
18. SPECIAL JUDGMENT – requires the performance of any other act than interpretation.
the payment of money or the sale or delivery of real or personal property. 22. Garnishment – act of appropriation by the sheriff if the property
involved is money, stocks, or other incorporeal property in the hands of
19. Remedies against executory judgments or orders: third persons; merely sets apart such funds but does not constitute the
creditor the owner of the garnished property.
1. Petition for relief
2. Direct attack
23. Persons disqualified from participating in the execution sale:
3. Collateral attack – judgment is null on its face or court had no
jurisdiction 1. Officer conducting the execution sale or his deputy;
2. Guardian with respect to the property under his guardianship;
20. When court may order execution even before an executory judgment 3. Agents, the property entrusted to them, unless with principal’s
and pending an appeal consent;
4. Executors and administrators, the property of the estate under
1. a. Lapse of time would make the ultimate judgment ineffective;
administration;
2. b. Appeal is clearly dilatory;
5. Public officers and employees, the property of the State or any
3. c. Judgment is for support and the beneficiary is in need
subdivision thereof, or any GOCC, the administration of which has
thereof;
been entrusted to them;
4. d. Articles subject of the case are perishable;
6. Justices, judges, prosecuting attorneys, clerks of courts, and other
5. e. Defendants are exhausting their income and have no other
officers and employees connected with the administration of justice,
property aside from the proceeds from the subdivision of lots subject
the property and rights in litigation or levied upon an execution
of the action;
before the court within whose jurisdiction or territory they exercise
6. f. Movants were in extreme need of the premises subject of the
their respective functions;
suit and the bond to answer for damages in case of reversal on
7. Lawyers, the property and rights which may be the subject of
appeal (supersedeas bond) was posted by them;
litigation in which they take part by virtue of their profession;
7. g. Judgment debtor is in imminent danger of insolvency;
8. Others specifically disqualified by law. (e.g. seller of goods who
8. h. Prevailing party is of advanced age and in a precarious state
exercise right of resale of goods).
of health and the right in the judgment is non-transmissible being for
Rule 40 Appeal from MTC to RTC
support;
1. Appeal from judgment or final order of MTC taken to RTC exercising
9. i. Prevailing party posts sufficient bond to answer for damages
jurisdiction over the area to which MTC pertains. File notice of
in case of reversal of judgment
 appeal with the MTC which rendered decision appealed from within 8. Order dismissing an action without prejudice;
15 days after notice of such judgment.
2. Record on appeal is filed within 30 days and required only for special à In all these cases, aggrieved party may file an appropriate civil action
proceedings under Rule 65.
3. Appellate docket fees paid to clerk of court of MTC – payment not a
condition precedent for perfection of appeal but must nonetheless 1. Ordinary appeal from RTC (in the exercise of original jurisdiction) to
be paid within the period for taking appeal; CA is by filing notice of appeal with the RTC within 15 days from
4. Procedure for appeal from cases dismissed without trial for lack of notice of its judgment. Record on appeal required only for special
jurisdiction: proceedings and where multiple appeals allowed filed within 30 days.
1. If affirmed because the MTC has no jurisdiction, RTC will try case on 2. Motion for extension of time to file a motion for new trial or
the merits as if it has original jurisdiction; reconsideration is prohibited.
2. If reversed, the case shall be remanded to the MTC; 3. Contents of Notice on appeal:
3. If the first level court tried the case on the merits without jurisdiction, 1. Names of the parties to the appeal;
the RTC should not dismiss the case but shall decide it in the exercise 2. Specify judgment or final order or part thereof appealed from;
of original jurisdiction. 3. Court to which the appeal is being taken;
Rule 41 Appeal from the RTC 4. Material dates showing timeliness of appeal;
1. Appeal may be taken from a judgment or final order that completely
6. Contents of Record on appeal:
disposes of the case or of a particular matter therein.
2. No appeal may be taken from:
1. Full names of all parties to the proceedings shall be stated in the
1. Order denying a motion for new trial or recon;
caption;
2. Order denying a petition for relief or any similar motion seeking
2. Include judgment or final order from which appeal taken;
relief from judgment;
3. In chronological order, copies of only such pleadings, petitions, etc.
3. Interlocutory order;
and all interlocutory orders as are related to the appealed judgment;
4. Order disallowing or dismissing an appeal;
4. Data showing that appeal perfected in time – material data rule;
5. Order denying a motion to set aside a judgment by consent,
5. If an issue of fact is to be raised, include by reference all the
confession, compromise on the ground of fraud, mistake, or duress,
evidence, oral or documentary, taken upon the issues involved.
or any other ground vitiating consent;
6. Order of execution; 7. Appeal from decision of RTC in appellate jurisdiction is by petition for
review filed with CA.
à Not appealable because execution is only the result of the judgment. If
order of execution is not in accord with the dispositive portion, remedy is 8. Where only questions of law are raised, by petition for review on
certiorari under Rule 65. certiorari with SC.
7. Judgment or final order for or against one or more of several parties
9. Notice of Appeal and Record of Appeal distinguished:
or in separate claims, while the main case is pending, unless the
court allows an appeal therefrom;
Notice of Appeal Record of Appeal

Party’s appeal by notice of
appeal deemed perfected as to
him upon the filing of the notice
of appeal in due time
Court loses jurisdiction over case
upon perfection of the appeals
filed in due time and expiration
of time to appeal of other parties
Deemed perfected as to 4. Accompanied by clearly legible duplicate originals or true copies of
appellant with respect to the the judgments or final order of both MTC and RTC;
subject matter upon the approval 5. Certification under oath of non-forum shopping.
of the record on appeal filed in 1. 2. Contents of comment
due time
In 7 legible copies, accompanied by certified true copies of material
Court loses jurisdiction only over
portions of record and other supporting papers:
subject matter upon approval of
records on appeal filed in due
1. State whether or not appellee accepts the statement of matters
time and expiration of the time
involved in the petition;
to appeal of other parties.
2. Point out such insufficiencies or inaccuracies as he believes exists in
petitioner’s statement of matters;
3. State reasons why petition should not be give due course.

3. CA may:
10. Failure to pay appellate docket fees within the reglamentary period is
ground for dismissal of appeal. 1. Require respondent to file a comment; or
2. Dismiss the petition if it finds:
11. General Rule: An ordinary appeal stays the execution of a judgment
1. Patently without merit
2. Prosecuted manifestly for delay
Exceptions: a. Decisions of quasi-judicial body appealed to the CA
3. Questions raised are to insubstantial to require consideration
b. Executions pending appeal Rule 43 Appeals from the CTA and Quasi-Judicial Agencies to the CA
1. 1. Appeals from judgments and final orders of the Court of Tax
c. Cases covered by Summary Procedure Appeals and quasi-judicial agencies in exercise of quasi-judicial
functions (unless otherwise provided by law and the Labor Code
Rule 42 Petition for Review from the RTC to the CA [NLRC decisions]) shall be by petition for review to the CA, to be
1. 1. Form and contents of petition for review (from RTC to CA) taken within 15 days from notice of award or judgment or from
notice of the denial of the motion for reconsideration. Only 1 Motion
In 7 legible copies: for reconsideration allowed
2. 2. Quasi-judicial agencies covered:
1. Full names of parties to case, without impleading the lower courts or 1. Civil Service Commission;
judges thereof; 2. Central Board of Assessment Appeals;
2. Indicate specific material dates showing it was filed on time; 3. Securities and Exchange Commission;
3. Concise statement of matters involved, issues raised, specification of 4. Office of the President;
errors of fact or law, or both allegedly committed by the RTC, and 5. Land Registration Authority;
the reasons or arguments relied upon for the allowance of the 6. Social Security Commission;
appeal; 7. Civil Aeronautics Board;
 8. Bureau of Patents, Trademarks and Technology Transfer; 3. There is grave abuse of discretion;
9. National Electrification Administration; 4. The judgment is based on misapprehension of facts;
10. Energy Regulatory Board; 5. Findings of fact of trial court and CA are conflicting;
11. National Telecommunications Commission; 6. The CA, in making its findings, went beyond the issues of the case
12. Department of Agrarian Reform under RA No. 6657; and the same is contrary to the admissions made;
13. GSIS; 7. CA manifestly overlooked certain relevant facts not disputed by the
14. Employees Compensation Commission; parties and which, if properly considered, would justify a different
15. Agricultural Inventions Board; conclusion.
16. Insurance Commission;
17. Construction Industry Arbitration Commission; 3. Certiorari as mode of appeal:
18. Voluntary arbitrators
à St. Martin’s Funeral Home vs. NLRC – DECISIONS OF THE NLRC – From judgment or final order of the CA, Sandiganbayan, RTC on pure
ORIGINAL ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE questions of law, or other courts whenever authorized by law, by filing a
CA, NOT SC petition for review on certiorari with the SC within 15 days from notice of
à Fabian vs. Desierto – Appeals from decisions of the Office of the judgment.
Ombudsman in administrative disciplinary cases should be taken to the CA
4. Rule 45 and Rule 65 distinguished:
under Rule 43.
Æ According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any
Rule 45 Rule 65
appeal by way of petition for review from a decision, final resolution or
order of the Ombudsman, or special civil action relative to such decision, Motion for Recon generally
filed with the SC after March 15, 1999 shall no longer be referred to the CA, No need for Motion for Recon required
but shall be dismissed. Applies to interlocutory orders
Rule 45 Appeal by Certiorari to the Supreme Court rendered in excess/lack of
Relates to final judgments jurisdiction
1. Question of Law – exists when doubt or difference arises as to what the
law is, based on a certain state of facts An appeal Not an appeal in the strict sense

15 days from notice of judgment 60 days from notice of judgment

Question of Fact – exists when doubt or difference arises as to the truth or
the falsehood of alleged facts
2. Findings of fact of the CA may be reviewed by the SC on appeal by
certiorari when:
1. The conclusion is a finding grounded entirely on speculations,
surmises, or conjectures;
2. The inference made is manifestly mistaken, absurd, or impossible;
à Kho vs. Camacho: An RTC judge has no right to disapprove a notice of
appeal on the ground that the issues raised involve a pure question of law,
and that the mode of appeal is erroneous. That is the prerogative of the
CA, not the RTC judge. A notice of appeal need not be approved by the
judge, unlike a record on appeal.
Rule 47 Annulment of Judgments or Final Orders and Resolutions
1. Grounds for annulment of judgment of RTC in civil cases:
 1. Petition for annulment available only if ordinary remedies of
new trial, appeal, petition for relief or other appropriate
remedies no longer available through no fault of the
Petitioner.
1. Extrinsic fraud – not available as a ground if availed of earlier in a
motion for new trial or petition for relief
2. Lack of jurisdiction.
7. Failure of the appellant to take necessary steps for the completion or
correction of the record within the time limited by the order;
8. Failure of appellant to appear at the preliminary conference or to
comply with orders, circulars, or directives of the court without
justifiable cause
9. Judgment or order appealed from is not appealable.

3. Periods:

1. For extrinsic fraud – four years from discovery;

2. Lack of jurisdiction – must be filed before action barred by laches.

4. Effects of judgment of annulment – gives the CA authority to order the

trial court on motion to try the case if the ground for annulment is extrinsic
fraud, but not if it is lack of jurisdiction.

à Prescriptive period for refiling the original action is suspended unless the
extrinsic fraud is attributable to the plaintiff in the original action.

Rule 50 Dismissal of Appeal

1. 1. Grounds for dismissal of appeal by the CA:
1. Failure of the record on appeal to show on its face that the appeal
was taken within the reglamentary period;
2. Failure to file the notice of appeal or record on appeal within the
period;
3. Failure of the appellant to pay the docket and other lawful fees;
4. Unauthorized alterations, omissions, or additions in the approved
record on appeal;
5. Failure of the appellant to serve and file the required number of
copies of his brief or memorandum within the time provided;
6. Absence of specific assignment of errors in appellants brief or page
references to the record;