Remedial

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Declaration of Default CIVIL PROCEDURE

Rule 1 - General Provision

Section 3. Default; declaration of. — If the defending party fails to answer within the time Rule 2 - Cause of Action
allowed therefor, the court shall, upon motion of the claiming party with notice to the Rule 3 - Parties to Civil Actions
defending party, and proof of such failure, declare the defending party in default. Thereupon,
Rule 4 - Venue of Actions
the court shall proceed to render judgment granting the claimant such relief as his pleading
Rule 5 - Uniform Procedure in Trial Courts
may warrant, unless the court in its discretion requires the claimant to submit evidence. Such
Rule 6 - Kinds of Pleadings
reception of evidence may be delegated to the clerk of court. (Sec. 3, Rule 9, Rules of Court)
Rule 7 - Parts of a Pleading
Rule 8 - Manner of Making Allegations in Pleadings
Rule 9 - Effect of Failure to Plead
What are the grounds under which a party may be declared in default?
Rule 10 - Amended and Supplemental Pleadings
1. Failure to answer within the time allowed therefor; (Sec 3, Rule 9) Rule 11 - When to File Responsive Pleadings
2. Failure to serve a copy of the answer to the adverse party. Rule 12 - Bill of Particulars
Rule 13 - Filing and Service of Pleadings, Judgments
● The defendant who files his answer in court in time but failed to serve a copy thereof upon the and Other Papers
adverse party may be validly declared in default (Gonzalez vs. Francisco, 49 Phil. 747, Banares vs. Rule 14 - Summons
Flordeliza, G.R. No. L-29355, July 20, 1928) Rule 15 - Motions
Rule 16 - Motion to Dismiss
Rule 17 - Dismissal of Actions
Can the court motu proprio declare a defendant in default? Rule 18 - Pre-Trial
Rule 19 - Intervention
No. There must be a motion to that effect by the plaintiff with notice to the defending party and Rule 20 - Calendar of Cases
proof of failure by the defendant to file his responsive pleading despite due notice. (Sec 3, Rule 9)
Rule 21 - Subpoena
Rule 22 - Computation of Time
● Three requirements must be complied with before the court can declare the defending party in
Rule 23 - Depositions Pending Action
default: (1) the claiming party must file a motion asking the court to declare the defending party in
Rule 24 - Depositions Before Action or Pending
default; (2) the defending party must be notified of the motion to declare him in default and (3) the Appeal
claiming party must prove that the defending party has failed to answer within the period provided Rule 25 - Interrogatories to Parties
by the Rules of Court. (Sablas vs. Sablas, G.R. No. 144568, July 3, 2007) Rule 26 - Admission by Adverse Party
Rule 27 - Production or Inspection of Documents or
● The trial court cannot motu proprio declare a defendant in default as the rules leave it up to the Things
claiming party to protect his or its interests. The trial court should not under any circumstances act Rule 28 - Physical and Mental Examination of
as counsel of the claiming party. (Sablas vs. Sablas) Persons
Rule 29 - Refusal to Comply with Modes of
Discovery

What is the effect of failure to file an answer under the Rule on Summary Procedure? Will the Rule 30 - Trial
defendant be declared in default? Rule 31 - Consolidation or Severance
Rule 32 - Trial by Commissioner
Under the Rule on Summary Procedure, the defendant who fails to file an answer within the Rule 33 - Demurrer to Evidence
reglementary period is not to be declared in default. Instead, the court motu proprio, or on motion Rule 34 - Judgment on the Pleadings
of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and Rule 35 - Summary Judgments
limited to what is prayed for. Rule 36 - Judgments, Final Orders and Entry Thereof
Rule 37 - New Trial or Reconsiderations
Under the Rule on Summary Procedure, the plaintiff is prohibited from filing a motion to declare Rule 38 - Relief from Judgments, Orders, or Other
the defendant in default (Sec. 19[h], 1991 Rule on Summary Procedure). Proceedings
Rule 39 - Execution, Satisfaction and Effect of
Judgments
Rule 40 - Appeal From Municipal Trial Courts to the

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 What are the requisites before a party may be declared in default? (Bar 1999) RTCs
Rule 41 - Appeal From The Regional Trial Courts
The following are the requisites before a party may be declared in default: Rule 42 - Petition for Review From the RTCs to the
CA
1. The court has validly acquired jurisdiction over the person of the defending party either by Rule 43 - Appeals From the CTA & Quasi-Judicial
service of summons or voluntary appearance; Agencies to the CA
Rule 44 - Ordinary Appealed Cases
2. The defending party failed to file the answer within the time allowed therefor;
Rule 45 - Appeal by Certiorari to the Supreme Court
3. There must be a motion to declare the defending party in default filed by the claiming party;
Rule 46 - Original Cases
4. The defending party must be notified of the motion to declare him in default;
Rule 47 - Annulment of Judgments of Final Orders
5. There must be proof of the failure to file the answer; (Sablas vs. Sablas) and Resolutions

6. There must be a hearing of the motion to declare the defendant in default. (Hearing of the Rule 48 - Preliminary Conference

motion is required by Sec. 4, Rule 15) Rule 49 - Oral Argument

Rule 50 - Dismissal of Appeal
Rule 51 - Judgment
Should the court admit an answer which is filed beyond the reglementary period but before Rule 52 - Motion for Reconsideration
the defendant is declared in default? Rule 53 - New Trial
Rule 54 - Internal Business
● It is within the sound discretion of the trial court to permit the defendant to file his answer and to
Rule 55 - Publications of Judgments and Final
be heard on the merits even after the reglementary period for filing the answer expires. (Sablas vs. Resolutions
Sablas) Rule 56 - Original / Appealed Cases

● The rule is that the defendants answer should be admitted where it is filed before a declaration of PROVISIONAL REMEDIES
default and no prejudice is caused to the plaintiff, as default judgments are generally
disfavored. (Trajano vs. Cruz, L-47070, Dec. 29, 1977). Rule 57 - Preliminary Attachment
Rule 58 - Preliminary Injunction
● Where the answer is filed beyond the reglementary period but before the defendant is declared in Rule 59 - Receivership
default and there is no showing that defendant intends to delay the case, the answer should be Rule 60 - Replevin
admitted. (Cathay Pacific Airways, Ltd. v. Hon. Romillo, Jr., 225 Phil. 397, 1986). Rule 61 - Support Pendente Lite

● The policy of the law is to have every litigants case tried on the merits as much as possible. Hence,
judgments by default are frowned upon. A case is best decided when all contending parties are able
to ventilate their respective claims, present their arguments and adduce evidence in support
thereof. The parties are thus given the chance to be heard fully and the demands of due process are
subserved. Moreover, it is only amidst such an atmosphere that accurate factual findings and correct
legal conclusions can be reached by the courts. (Sablas vs. Sablas)

What follows after the court has validly declared the defendant in default?

Under the rules, when a party is declared in default, the court may do either of two things:

1. to proceed to render judgment, or

2. to require the plaintiff to present his evidence ex parte. SPECIAL CIVIL ACTIONS

The court need not personally receive the evidence if it decides to hear the evidence of the plaintiff. Rule 62 - Interpleader
The reception of the evidence may be delegated to the clerk of court (Sec. 3, Rule 9). Rule 63 - Declaratory Relief & Similar Remedies
Rule 64 - Review of Judgments and Final Orders or
Resolutions of the COMELEC and the COA
Are the complainants automatically entitled to the relief prayed for once the defendants are Rule 65 - Certiorari, Prohibition and Mandamus
declared in default? Rule 66 - Quo Warranto
Rule 67 - Expropriation
● Complainants are not automatically entitled to the relief prayed for once the defendants are Rule 68 - Foreclosure of Real Estate Mortgage
declared in default. Favorable relief can be granted only after the court has ascertained that the Rule 69 - Partition
relief is warranted by the evidence offered and the facts proven by the presenting party. (Gajudo vs. Rule 70 - Forcible Entry and Unlawful Detainer
Traders Royal Bank, G.R. No. 151098, March 21, 2006)
Rule 71 - Contempt

● The mere fact that a defendant is declared in default does not automatically result in the grant of
CRIMINAL PROCEDURE
the prayers of the plaintiff. To win, the latter must still present the same quantum of evidence that
would be required if the defendant were still present. A party that defaults is not deprived of its Rule 110 - Prosecution of Offenses

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 rights, except the right to be heard and to present evidence to the trial court. If the evidence Rule 111 - Prosecution of Civil Action
presented does not support a judgment for the plaintiff, the complaint should be dismissed, even if Rule 112 - Preliminary Investigation
the defendant may not have been heard or allowed to present any countervailing evidence. (Gajudo Rule 113 - Arrest
vs. Traders Royal Bank) Rule 114 - Bail
Rule 115 - Rights of the Accused
Rule 116 - Arraignment and Plea
Rule 117 - Motion to Quash
Share
Rule 118 - Pre-Trial
Rule 119 - Trial
‹ › Rule 120 - Judgment
Rule 121 - New Trial or Reconsideration
Rule 122 - Appeal
Rule 123 - Procedure in the MTCs
Rule 124 - Procedure in the Court of Appeals
Rule 125 - Procedure in the Supreme Court
Rule 126 - Search and Seizure
Rule 127 - Provisional Remedies in Crim Cases

EVIDENCE

Rule 128 - General Provisions

Rule 129 - What Need Not Be Proved
Rule 130 - Rules of Admissibility
Rule 131 - Burden of Proof and Presumptions
Rule 132 - Presentation of Evidence
Rule 133 - Weight and Sufficiency of Evidence
Rule 134 - Perpetuation of Testimony

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