2020 Reviewer in Civil Procedure

REVIEWER IN CIVIL PROCEDURE
By Aaron Lance C. Morillo
Secretary of Justice, GR no. 13260, January

19,1999)
CIVIL PROCEDURE REVIEWER
AARON LANCE C. MORILLO
Q: What is the nature of the Philippine Courts?
2B Civil Procedure (LPU College of Law)
A: Philippine courts are courts of both law and
equity. Therefore, both legal and equitable
jurisdiction is dispensed with in the same tribunal.
I. General Principles
(US vs. Tamparong, 31 Phil. 321). As a rule, when
supported by substantial evidence, the findings of
Q: Distinguish substantive law from procedural the CA are conclusive and binding on the parties
law: and are not reviewable by the SC. However, there
A: A substantive law creates, defines or regulates are times when the SC finds the need to re-
rights concerning life, liberty or property, or the evaluate and re-examine the factual findings of the
powers of agencies or instrumentalities for the CA, as when the same contradict the findings of a
administration of public affairs, whereas rules of lower tribunal. When the SC makes such
procedure are provisions prescribing the method reevaluation, it does so in the exercise of its equity
by which substantive rights may be enforced in jurisdiction. (Torres vs. Rural Bank of San Juan,
courts of justice. (Primicias vs. Ocampo, GR no. L- 693 SCRA 357, March 12, 2013)
6120, June 30, 1953)
Q: What is the meaning of a court?
Q: What is the Constitutional Basis of the A: A court is an organ of government belonging to
Supreme Court to make its own rules? the judicial department the function of which is the
A: The Supreme Court have the power to application of the laws to controversies brought
promulgate rules concerning the protection and before it as well as the public administration of
enforcement of constitutional rights, pleading, justice. (Black’s Law Dictionary)
practice, and procedure in all courts, the admission
to the practice of law, the integrated bar, and legal Q: Distinguish court from a judge:
assistance to the underprivileged. (Sec. 5(5), Art. A: A court is an organ of the government with a
VIII, 1987 Constitution) personality separate and distinct from the person
or judge who sits on it. (People vs. Carlos, 78 Phil.
Q: What are the limitations on the rule-making 535)
power of the Supreme Court?
A: Q: Distinguish: Courts of Original, Appellate,
1. The rule shall provide a simplified and General and Special Jurisdiction.
inexpensive procedure for the speedy A:
disposition of cases;
Courts of Original Courts of Appellate
2. The rules shall be uniform for courts of the Jurisdiction
Jurisdiction
same grade; and
3. The rules shall not diminish, increase, or When actions or When the court has the
modify substantive rights. (Sec. 5(5), Art. proceedings are power of review over
VIII, 1987 Constitution) originally filed with it. the decisions or orders
of a lower court.
Q: What is the power of the Supreme Court to
Courts of General Courts of Special
amend and suspend procedural rules?
Jurisdiction Jurisdiction
A: The Supreme Court has the power to amend,
repeal or even establish new rules for a more Those courts with Those courts with has
simplified and inexpensive process, and the competence to decide special jurisdiction only
speedy disposition of cases. (Neypes vs. CA 469 on their own for a particular
SCRA 633). The rule-making power of the SC was jurisdiction and take purpose or are clothed
expanded. This Court for the first time was given cognizance of all cases with special powers for
of a particular nature. the performance of
the power to promulgate rules concerning the
specified duties
protection and enforcement of constitutional rights. beyond which they
The Court was also granted for the first time the have no authority of
power to disapprove rules of procedure of special any kind.
courts and quasi-judicial bodies. (Echegaray vs.
1
facts.
Q: Distinguish Constitutional and statutory
courts. General Jurisdiction Special Jurisdiction
A: A constitutional court is one created by a direct
constitutional provision such as the Supreme Jurisdiction to decide Jurisdiction is one with
Court. On the other hand, A statutory court is one on their own and take a particular purpose or
created by a law other than the constitution such cognizance of all cases clothed with special
of a particular cases. powers for the
as the RTC, MTCs, Sandiganbayan, and Court of
performance of
Appeals. (See Sec. 1, Art. VIII, 1987 Constitution; specified duties
BP blg. 129) beyond which they
have no authority of
Q: What is the Principle of Judicial Hierarchy? any kind.
A: General Rule: A case must be filed before the
lowest court possible having the appropriate jurisdiction, Exclusive Jurisdiction Concurrent
except if one can advance a special reason which would Jurisdiction
allow a party a direct resort to a higher court. (Riano, Civil
Procedure, Vol. I, The Bar Lectures Series, p. 57). The idea of co- The power of different
existence and refers to courts to take
Exceptions: (a) When there are special and important
jurisdiction possessed cognizance of the
reasons clearly stated in the petition; (b) When dictated by
to the exclusion of same subject matter.
public welfare and the advancement of public policy; (c)
others.
When demanded by the broader interest of justice; (d)
When the challenged orders were patent nullities; or (e)
When analogous exceptional and compelling Q: What is the Doctrine of Hierarchy of courts
circumstances called for and justified the immediate and continuity of jurisdiction?
and direct handling by the Court. (Republic vs. A: General Rule: A case must be filed before the
Caguioa, 691 SCRA 306, February 20, 2013) lowest court possible having the appropriate jurisdiction,
except if one can advance a special reason which would
Q: What is the Doctrine of non-interference or allow a party a direct resort to a higher court. (Riano, Civil
judicial stability? Procedure, Vol. I, The Bar Lectures Series, p. 57).
A: It holds that courts of equal and coordinate Exceptions: (a) When there are special and important
reasons clearly stated in the petition; (b) When dictated by
jurisdiction cannot interfere with each other’s
public welfare and the advancement of public policy; (c)
orders. (Lapu-Lapu Development and Housing
When demanded by the broader interest of justice; (d)
Corp. vs. Group Management Corp., 388 SCRA When the challenged orders were patent nullities; or (e)
493). The Doctrine of Non-interference is with equal When analogous exceptional and compelling
force to administrative bodies. When the law circumstances called for and justified the immediate
provides for an appeal from the decision of an and direct handling by the Court. (Republic vs.
administrative body to the SC or CA, it means that Caguioa, 691 SCRA 306, February 20, 2013)
such body is co-equal with the RTC in terms of
rank and stature, and logically beyond the control Aspects of Jurisdiction:
of the latter. (Philippine Sinter Corporation vs. a. Jurisdiction over the subject matter;
Cagayan Electric Power and Light Co., Inc., 381 b. Jurisdiction over the parties;
SCRA 582) c. Jurisdiction over the issues of the case; and
d. Jurisdiction over the res or thing involved in the
litigation (Boston Equity Resources, Inc. vs. CA,
II. Jurisdiction
GR no. 173946, June 19, 2013)
Q: Distinguish: Original, Appellate, General,

Special, Exclusive and Concurrent Jurisdiction.
HOW ACQUIRED
A: JURISDICTION: MEANING
OR CONFERRED?
Original Jurisdiction Appellate Jurisdiction
Jurisdiction to take Jurisdiction or the

cognizance of a case power to review over a
at its inception, try it decisions or orders of
and pass judgment a lower court.
upon the law and
2
Over the Subject The power or This is conferred

A: Jurisdiction refers to the authority to decide a
Matter authority to by law which may case, not the orders or the decision rendered
hear and be either the therein. Accordingly, where a court has jurisdiction
determine Constitution or a over the person and the subject matter, the
cases of the statute. decision on all questions arising from the case is
general class but an exercise of such jurisdiction. (Platinum
to which the
Tours and Travel, Inc. vs. Panlilio, GR no. 133365,
proceeding
September 16, 2003)
in question
belongs.
Q: Distinguish: Doctrine of primary
Over the Person The power of If over the administrative jurisdiction and Doctrine of
the court to plaintiff, it is exhaustion of administrative remedies.
render a acquired by his or A: Courts cannot and will not resolve a controversy
personal her filing of the
involving a question within the jurisdiction of an
judgment complaint or
administrative tribunal, especially when the
against a petition. (Davao
party to an Light vs. CA, 204 question demands the sound exercise of
action or SCRA 343) administrative discretion requiring special
proceeding. If over the knowledge, experience and services of the
It is also the defendant in civil administrative tribunal to determine technical and
power which cases, it is intricate matters of fact. The court cannot arrogate
a court has acquired by his unto itself the authority to resolve a controversy,
over the voluntary
the jurisdiction of which is initially lodged with the
defendant’s appearance in
administrative body of special competence. (BF
person which court or by
is required service of Homes, Inc vs. Manila Electric Company, 636
before a summons. SCRA 495)
court can
enter a Q: What is the doctrine of adherence of
personal jurisdiction?
judgment. A: This doctrine means that once jurisdiction has
attached, it cannot be ousted by subsequent
Over the Issue The power of This is conferred
the court to and determined happenings or events, although of a character
try and by the allegations which would have prevented jurisdiction from
decide the in the pleadings attaching in the first instance. The court, once
issues raised of the parties, or jurisdiction has been acquired, retains that
in the during pre-trials, jurisdiction until it finally disposes of the case. (San
pleadings of or by waiver or Miguel Corporation vs. Sandiganbayan, GR no.
the parties. failure to object
104637038, September 14, 2000)
to the
presentation of
evidence on a Q: Distinguish: Error of jurisdiction and error of
matter not raised judgment.
in the pleadings. A: An “error of judgment” is one which the court
may commit in the exercise of its jurisdiction, and
Over the Res Refers to the By placing the which error is reviewable only by an appeal. On the
court’s property or thing
other hand, an “error of jurisdiction” is one where
jurisdiction under the
over the custody of the
the act complained of was issued by the court,
thing or the court of officer or a quasi-judicial body without or in excess
property constructive of jurisdiction or with grave abuse of discretion
which is the seizure. which is tantamount to lack or in excess of
subject of jurisdiction. This error is correctible only by the
the action. extraordinary writ of certiorari. (Donato vs. CA, GR
Source: Riano (2014), Civil Procedure Volume 1 (The Bar no. 129638, December 8, 2003)
Lecture Series))
Q: Distinguish: Jurisdiction and Venue.
Q: Distinguish jurisdiction from exercise of A:
jurisdiction.
3
Q: What is the meaning of special civil actions?

JURISDICTION VENUE
A: There are certain rules that are applicable only to
specific civil actions. The fact that an action is
The authority to hear The place where subject to certain special rules, other than those
and determine a case; the case is to be applicable to ordinary civil actions, is what makes a
heard or tried; civil action special.
This is a matter of This is a matter of Q: What is the meaning of criminal actions?

substantive law procedural law A: A criminal action is One which the State
prosecutes a person for an act or omission
Establishes a relation Establishes a punishable by law. (Sec. 3(b), Rule 1, ROC)
between the court relation between
and the subject plaintiff and Q: Distinguish: Civil actions and Special
matter defendant (or proceedings.
petitioner and A: A civil actions is one by which a A party sues
respondent); another for the enforcement or protection of a right,
or the prevention or redress of a wrong. On the
Fixed by law and May be conferred other hand, a special proceeding is a remedy by
cannot be conferred by the act or which a party seeks to establish a status, a right, or
by the parties. agreement of the a particular fact. (Sec. 3, Rule 1, ROC)
parties.
Q: What are personal and real actions?
Cannot be waived May be waived
A: An action in real when it affects title to or
possession of real property, or an interest therein
The court may The court may not while all other actions are personal actions. (Secs.
dismiss an action dismiss an action 1-2, Rule 4, ROC)
motu proprio in case motu proprio
of lack of jurisdiction because of Q: Distinguish: Actions in rem, in personam and
over the subject improper venue. quasi in rem.
matter. A: An action in personam is lodged against a
person based on personal liability; An action in
Sources: Nocum vs. PDI (GR no. 145022, Sept. 23,
rem is directed against the thing itself instead of
2005); Hiers of Lopez vs. De Castro (324 SCRA
the person; while an action quasi in rem, names a
591); Rudolf Lietz Holdings, inc. vs. Registry of
person as defendant, but its object is to to subject
Deeds (344 SCRA 680)
that Person’s interest in a property to a
corresponding lien or obligation. (Lucas vs. Lucas,
Q: How jurisdiction is determined?
650 SCRA 667)
A: Jurisdiction of the court to hear and decide a
case is conferred by the law in force at the time of
B. Cause of Actions:
the institution of the action, unless such statute
provides for a retroactive application thereof.
(Dayap vs. Sendiong, GR no. 177960, January 29, Q: What is the meaning of a cause of action?
2009) A: It is the act or omission by which a party violates
the rights of another. (Sec. 2, Rule 2)
III. Civil Procedure Q: Distinguish: Right of action and Cause of

Action.
A. Actions: A: A right of action refers to the right od the plaintiff
to bring an action and to prosecute that action to
Q: What is the meaning of ordinary civil actions? final judgment. (Marquez vs. Varela, 92 Phil. 373).
A: An ordinary civil actions is one by which a A On the other hand, a Cause of action is the act or
party sues another for the enforcement or omission by which a party violates the rights of
protection of a right, or the prevention or redress of another. (Sec. 2, Rule 2, ROC)
a wrong. (Sec. 3(a), Rule 1, ROC)
4
Q: Distinguish: Failure to state a cause of action 1. The party joining the causes of action shall
and Lack of cause of action. comply with the rules on joinder of parties;
A: 2. The joinder shall not include special civil
actions or actions governed by special
FAILURE TO STATE LACK OF A CAUSE
rules;
A CAUSE OF OF ACTION:
3. Where the causes of action are between
ACTION:
the same parties but pertain to different
venues or jurisdictions, the joinder may be
An insufficiency in the Refers to the failure allowed in the RTC provided one of the
allegations in the to prove or establish causes of action falls within the
complaint. by evidence that one jurisdiction of said court and the venue
has a cause of lies therein; and
action. 4. Where the claims in all the causes of
action are principally for recovery of
Ground for dismissal Not ground for money, the aggregate amount claimed
dismissal shall be the test of jurisdiction. (Sec. 5,
Rule 2, ROC)
Q: What is the test of the sufficiency of a cause

C. Parties to Civil Actions:
of action?
A: The test is whether or not admitting the facts
Q: What is a Real Party in Interest?
alleged, the court could render a valid verdict in
A: The party who stands to be benefited or injured
accordance with the prayer in the complaint.
by the judgment in the suit; or the party entitled to
(Misamis Occidental II Cooperative vs. David, 468
the avails of the suit. (Sec. 2, Rule 1)
SCRA 63). A complaint is said to assert a sufficient
cause of action if, admitting what appears solely on
Q: Distinguish: indispensable party and
its face to be correct, the plaintiff would be entitled
Necessary party.
to the relief prayed for.
A:
Q: What is the effect of splitting a single cause INDISPENSABLE NECESSARY

of action? PARTIES PARTIES
A: Splitting a single cause of action is It is the act
of instituting two or more suits on the basis of the
Must be joined under Presence not
same cause of action. (Sec. 4, Rule 2, ROC). In
any and all conditions; mandatory because
splitting a cause of action, the pleader divides a
his interest is
single cause of action, claim or demand into two or
separable
more parts and brings a suit for one of such parts
with the intent to reserve the rest for another There can be no final There can be final
separate action. (Quadra vs. CA, 497 SCRA 221). decree without joining decree even without
The filing of one or a judgment upon the merits in an indispensable party; a necessary party;
any one is available as a ground for the dismissal of
the others”. Source: Borlasa vs. Polistico, 47 Phil. 345; Chua
vs. Torres, 468 SCRA 358
Q: What is the difference between a joinder and
misjoinder of causes of action? Q: Who can be representatives as parties?
A: A misjoinder of causes of action is not a ground A: Where the action is allowed to be prosecuted or
of dismissal of an action. A misjoined cause of defended by a representative or someone acting in
action may, on motion of a party or on the initiative a fiduciary capacity (like a trustee of an express
of the court, be severed and proceeded with trust, a guardian, an executor or administrator, or a
separately. (Sec. 6, Rule 2, ROC). On the other party authorized by law), the beneficiary shall be
hand, A party may in one pleading assert, in the included in the title of the case and shall be
alternative or otherwise, as many causes of action deemed to be the real party in interest. Likewise,
as he may have against an opposing party, subject an agent acting in his own name and for the benefit
to the following conditions: of an undisclosed principal may sue or be sued
without joining the principal except when the
5
contract involves things belonging to the principal. A: When two or more persons not organized as an
(Sec. 3, Rule 3) entity with juridical personality enter into a
transaction, they may be sued under the name by
Q: Who are Indigent Parties? which they are generally or commonly known. In
A: A party may be authorized to litigate as an the answer of such defendant, the name and
indigent if the court is satisfied that the party is one addresses of the persons composing said entity
who has no money or property sufficient and must all be revealed. (Sec. 15, Rule 3)
available for food, shelter and basic necessities for
himself and his family. If one is authorized to litigate Q: What is the rule on Alternative Defendants?
as an indigent, such authority shall include an A: Where the plaintiff is uncertain against who of
exemption from the payment of docket fees, other several persons he is entitled to relief, he may join
lawful fees; and transcripts of stenographic notes, any or all of them as defendants in the alternative,
which the court may order to be furnished him. although a right to relief against one may be
However, the amount of the docket and other inconsistent with a right of relief against the other.
lawful fees, which the indigent was exempted from (Sec. 13, Rule 3)
paying, shall be lien on the judgment in the case
favorable to the indigent. A lienon the judgment Q: What is the Effect of Death of a party litigant?
shall not arise if the court provides otherwise. (Sec. A: The death of the client extinguishes the
21, Rule 3) attorney-client relationship and divests the counsel
of his authority to represent the client. Accordingly,
Q: What is the rule on Compulsory and a dead client has no personality and cannot be
Permissive joinder of parties? represented by an attorney (Lavina vs. CA, 171
A: Generally, a joinder of parties is permissive SCRA 691). Whenever a party to a pending action
(under Sec. 6, Rule 3). However, the joinder of a dies, and the claim is not thereby extinguished, it
party become compulsory when the one involved is shall be the duty of his counsel to inform the court
an indispensable party. (Sec. 7, Rule 3; Crisologo within thirty (30) days after such death of the fact
vs. JEWN Agro-Industrial Corporation, GR no. thereof, and to give the name and address of his
196894, March 3, 2014). The joinder of legal representative or representatives. Failure of
indispensable parties is mandatory and courts counsel to comply with his duty shall be a ground
cannot proceed without their presence (De Castro for disciplinary action. (Sec. 16, Rule 3)
vs. CA, 384 SCRA 607)
D. Venue:
Q: What is the rule on Misjoinder and Non-
Joinder of parties? Q: What is the meaning of venue?
A: Neither misjoinder nor non-joinder of parties is A: It is the place, or the geographical area in which
ground for dismissal of an action. Parties may be a court with jurisdiction may hear and determine a
dropped or added by order of the court on motion case or the place where a case is to be tried.
of any party or on its own initiative at any stage the (Nocum vs. Tan, 470 SCRA 639)
action and on such terms as are just. Any claim
against a misjoined party may be severed and Q: What is the Venue in Real Actions?
proceeded with separately. (Sec. 11, Rule 3) A: Generally, actions affecting title to or possession
of real property, or interest therein, shall be
Q: What is a class suit? commenced and tried in the proper court which
A: It is an action where one or more may sue for has jurisdiction over the area wherein the real
the benefit of all if the requisites for said action are property involved, or a portion thereof, is situated.
complied with. The ‘subject matter’ of the action is However, actions for forcible entry and unlawful
meant the physical, the things real or personal, the detainer shall be commenced and tried in the
money, lands, chattels, and the like, in relation to municipal court of the municipality or city wherein
the suit which is prosecuted and not the delict or the real property involved, or a portion thereof, is
wrong committed by the defendant. (Mathay vs. situated. (Sec. 1, Rule 4)
Consolidated Bank & Trust Company, 58 SCRA
559) Q: What is the Venue in Personal Actions?
A: The venue in personal action is where the
Q: What are the rules on suits against entitles plaintiff or any of the principal plaintiffs resides, or
without judicial personality? where the defendant or any of the principal
6
defendants resides, at the election of the plaintiff. If 3. Counterclaim;

the defendant is a non-resident, the venue is where 4. Cross-claim;
the plaintiff or any of the principal plaintiffs resides, 5. Third (fourth, etc.)-party complaints;
or where the non- resident defendant may be 6. Complaint-in-Intervention; and
found, at the election of the plaintiff. (Sec. 2, Rule 7. Reply (Sec. 2, Rule 6, AM no. 19-10-20-
4) SC)
Q: What is the venue of actions for non- Q: What is a Complaint?

residents? A: The complaint is the pleading alleging the
A: If any of the defendants does not and is not plaintiff’s or claiming party’s cause or causes of
found in the Philippines, and the action affects the action. (Sec. 3, Rule 6, AM no. 19-10-20-SC)The
personal status of the plaintiff, or any property of filing of the original complaint in court signifies the
the said defendant located in the Philippines, the commencement of the civil action. (Sec. 5, Rule 1,
action may be commenced and tried in the court of ROC)
the place where the plaintiff resides, or where the
property or any portion thereof is situated or found. Q: What is an Answer?
(Sec.3, Rule 4, ROC) A: The answer is a pleading in which a defending
party sets forth his or her defenses. (Sec. 4, Rule 6,
Q: What are the instances where the rules on AM No. 19-10-20-SC). An answer contains the
venue do not apply? defenses of the answering party. These defenses
A: may either be negative or affirmative. (Sec. 5, Rule
1. Where the parties have validly agreed in 6)
writing before the filing of the action on
the exclusive venue thereof; Q: What is a Negative Defense?
2. In those cases where a specific rule or law A: It is the specific denial of the material fact or
provides: (Examples:) facts alleged in the pleading of the claimant
a. A quo warranto proceeding essential to his or her cause or causes of action.
commenced by the Solicitor (Sec. 5, Rule 6, AM no. 19-10-20-SC)
General and filed in the RTC of
Manila. This particular rule does not Q: What is a Negative Pregnant?
consider the residence of the A: A negative pregnant is a negative implying also
respondent. (Sec. 7, Rule 66); an affirmative and which, although is stated in a
b. A petition for a continuing writ of negative form, really admits the allegations to
mandamus filed with the RTC which it relates. (Black’s Law Dictionary). A
exercising jurisdiction over the negative pregnant does not qualify as a specific
territory where the actionable denial. It is conceded to be actually an admission.
neglect or omission occurred. (Sec. It refers to a denial which implies its affirmative
2, Rule 8) opposite by seeming to deny only a qualification or
an incidental aspect of the allegation but not the
Q: Can parties stipulate the venue? If so, what allegation itself.
are its effects?
A: Yes, Parties may agree in a specific venue which Q: What is a Counterclaim?
could be in a place where neither of them resides. A: A counterclaim is any claim which a defending
(Universal Robina vs. Lim, 535 SCRA 95). In real party may have against an opposing party. (Sec. 6,
actions, the parties may stipulate on a venue other Rule 6). It partakes of a complaint by the defendant
than the place where the real property is situated. against the plaintiff.
(Union Bank vs. Maunlad Homes, 678 SCRA 539)
Q: Distinguish: Compulsory and Permissive
E. Pleadings: Counterclaim.
A:
Q: What are the kinds of pleadings by the rules
COMPULSORY PERMISSIVE
of courts?
COUNTERCLAIM COUNTERCLAIM
A:
1. Complaint;
2. Answer;
7
matters alleged by way of defense in the answer

Shall be contained May be set up as an
and thereby join or make issue as to such new
in the answer at the independent action
matters. (Sec. 10, Rule 6, ROC)
time of filing, and will not be
otherwise it is barred if not
Q: What are the pleadings allowed in small
barred contained in the
claims and cases covered by the Rules on
answer of the
complaint. Summary Procedure?
A:
Not an initiatory Considered as an
Summary Procedure Small Claims Cases
pleading initiatory pleading
● Complaint; Forms provided under
It does not required Must be ● Compulsory AM no. 08-8-7-SC.
to be accompanied accompanied by a Counterclaim
by a Certificate of certificate of non- pleaded in the
answer;
Non-Forum forum shopping as
● Cross-claim
Shopping and a well as a certificate pleaded in the
Certificate to file an to file action issued answer; and
action issued by the by the Lupong ● Answers thereto
Lupong Tagapamayapa
Tagapamayapa. because it is an
Q: What are the parts and contents of a
initiatory pleading.
pleading?
A:
Failure to answer Must be answered
1. Caption;
this is not a cause by the party against
2. Signature and address;
for a default whom it is
3. Verification;
declaration because interposed,
4. Certification against forum shopping;
it is deemed otherwise, he may
automatically joined be declared in
by the allegations in default as to the Q: What is the body of the pleading?
A: The body of the pleading set forth its
the complaint. counterclaim.
designation, the allegations of the party’s claims or
Source: Ponciano vs. Parentela, 331 SCRA 605; defenses, the relief prayed for, and the date of the
Gojo vs. Goyala, 35 SCRA 557; GSIS vs. Heirs of pleading. (Sec. 2, Rule 7)
Caballero, 632 SCRA 5
Q: Can a pleading be submitted without a
Q: What is a Cross-claim? signature? If not, what is the effect of a signed
A: It is any claim by one party against a co-party pleading?
arising out of the transaction or occurrence that is A: No, Every pleading and other written
the subject matter either of the original action or a submissions to the court must be signed by the
counterclaim therein. (Sec. 8, Rule 6). Such cross- party or counsel representing him or her. (Sec. 3(a),
claim may cover all or part of the original claim. Rule 7, AM no. 19-10-20-SC). The signature of the
(Sec. 8, Rule 6, AM No. 19-10-20-SC) counsel constitutes a certificate by him or her that
(a) he or she has read the pleading and document;
Q: What is a Third (fourth, etc.)-party and (b) that to the best of his or her knowledge,
complaints? information and belief, formed after an inquiry
A: It is a claim which a defending party may, with reasonable under the circumstances:
leave or court, file against a person who is not yet a 1. It is not being presented for any improper
party to the action for contribution, indemnity, purpose, such as to harass, cause
subrogation or any other relief, in respect of his or unnecessary delay, or needlessly increase
her opponent's claim. (Sec. 11, Rule 6, AM no. 19- the cost of litigation;
10-20-SC) 2. The claims, defenses, and other legal
contentions are warranted by existing law
Q: What is a Reply? or jurisprudence, or by a non-frivolous
A: A reply is a pleading, the function of which is to argument for extending jurisprudence;
deny, or allege facts in denial or avoidance of new
8
3. The factual contentions have support or, if 1. Filing multiple cases based on the same
specifically so identified, will likely have cause of action and with the same prayer,
evidentiary support after availment of the the previous case not having been
modes of discovery under these rules; and resolved yet (where the ground is litis
4. The denials of factual contentions are pendentia);
warranted on the evidence or, if 2. Filing multiple cases based on the same
specifically so identified, are reasonably cause of action and the same prayer, the
based on belief or a lack of information. previous case having been resolved
(Sec. 3, Rule 7, AM No. 19-10-20-SC) (where the ground for dismissal is res
judicata); and
Q: What is a verification in a pleading? How is a 3. Filing multiple cases based on the same
pleading verified? cause of action, but with different prayers
A: Pleadings need not be under oath, verified or (splitting of causes of action, where the
accompanied by affidavit, except when so required ground for dismissal is also either litis
by law or rule. A pleading is verified by an affidavit pendentia or res judicata). (Chua vs.
of an affiant duly authorized to sign said Metrobank, 596 SCRA 524)
verification. (Sec. 4, Rule 7, AM no. 19-10-20-SC)
Q: What is the reason for the prohibition on
Q: What is the effect of lack of a verification? forum shopping?
A: The lack of a proper verification is cause to treat A: A party should not be allowed to pursue
the pleading as unsigned and dismissible. (Chua simultaneous remedies in two different fora. Filing
vs. Torres, 468 SCRA 358). A verification is not multiple petitions or complaints constitutes abuse
proper when the verification does not comply with of court processes. which tends to degrade the
the requirement of the rule. For instance, a administration of justice, wreaks havoc upon
pleading required to be verified but which contains orderly judicial procedure, and adds to the
a verification based on “information and belief” or congestion of the heavily burdened dockets of the
upon “knowledge, information and belief,” shall be courts. (Huibonhoa vs. Concepcion, 497 SCRA
treated as an unsigned pleading. (Sec. 4, Rule 7) 562)
Q: What is a certification against forum Q: What is the effect of non-compliance with the
shopping? rule on certification against forum shopping?
A: This is a sworn statement in which the plaintiff or What is the Exception?
principal party certifies in a complaint or initiatory A: Failure to comply with the foregoing
pleading to the following matters: requirements shall not be curable by mere
a. that he has not commenced any action or amendment of the complaint or other initiatory
filed any claim involving the same issues pleading but shall be cause for the dismissal of the
in any court, tribunal, or quasi-judicial case without prejudice, unless otherwise provided,
agency and, to the best of his knowledge, upon motion and after hearing. (Sec. 5, Rule 7).
no such other action or claim is pending However, Non-compliance with the rule requiring a
therein; certification against forum shopping or defect
b. that if there is such other pending action therein is generally not curable by its subsequent
or claim, a complete statement of the submission or correction thereof, unless there is a
present status thereof; and need to relax the rule on the ground of
c. that if he should thereafter learn that the ‘subsequential compliance’ or there is the presence
same or similar action or claim has been of special circumstances or compelling reasons.
filed or is pending, he shall report that fact (Vda. De Formoso vs. PNB, GR no. 154704, June
within 5 calendar days therefrom to the 1, 2011)
court wherein his aforesaid complaint or
initiatory pleading has been filed. (Sec. 5, Q: What is the rule on the contents in the
Rule 7, AM No. 19-10-20-SC) pleadings?
A: Every pleading stating a party’s claims or
Q: What are three ways of committing forum defenses shall, in addition to those mandated by
shopping? Section 2, Rule 7, state the following:
A: a. Names of witnesses who will be presented
to prove a party’s claim or defense;
9
b. Summary Of The Witnesses Intended the act was done in compliance with law. (Sec. 9,
testimonies, provided that the judicial Rule 8, AM No. 19-10-20-SC)
affidavits of said witnesses shall be
attached to the pleading and form an Q; What is the rule when pleading an actionable
integral part thereof. Only witnesses document?
whose judicial affidavits are attached to A: Whenever an action or defense is based upon a
the pleading shall be presented by the written instrument or document, the substance of
parties during trial. Except if a party such instrument or document shall be set forth in
presents meritorious reasons as basis for the pleading, and the original or a copy thereof
the admission of additional witnesses, no shall be attached to the pleading as an exhibit,
other witness or affidavit shall be heard or which shall be deemed to be a part of the pleading.
admitted by the court; and (Sec. 7, Rule 8)
c. Documentary and object evidence in
support of the allegations contained in the Q: What is the rule on specific denial?
pleading. (Sec. 6, Rule 7, AM No. 19-10- A: A defendant must specify each material
20-SC) allegation of fact the truth of which he or she does
not admit and, whenever practicable, shall set forth
Q: What is the manner of making allegations in the substance of the matters upon which he or she
pleadings? relies to support his or her denial. Where a
A: Every pleading shall contain in a methodical and defendant desires to deny only a part of an
logical form, a plain, concise and direct statement averment, he or she shall specify so much of it as is
of the ultimate facts, including the evidence on true and material and shall deny only the
which the party pleading relies for his or her claim remainder. Where a defendant is without
of defense, as the case may be. If a cause of action knowledge or information sufficient to form a belief
or defense relied on is based on law, the pertinent as to the truth of a material averment made to the
provisions thereof and their applicability to him or complaint, he or she shall so state, and this shall
her shall be clearly and concisely stated. (Sec. 1, have the effect of a denial. (Sec. 10, Rule 8, ROC)
Rule 8, AM No. 19-10-20-SC)
Q: What is the effect of failure to make specific
Q: What is a condition precedent? denial?
A: Generally, these are matters which must be A: Under Sec. 11, Rule 8, material avernments in
complied with before a cause of action arises. the complaint (other than those as to the amount of
When a claim is subject to a condition precedent, unliquidated damages) not specifically denied shall
the compliance of the same must be alleged in the be deemed admitted. If the allegations are deemed
pleading. In all pleading, a general averment of the admitted, there is no more triable issue between
performance or occurrence of all conditions the parties and if the admissions appear in the
precedent shall be sufficient. (Sec. 3, Rule 8) answer of the defendant, the plaintiff may file a
motion for judgment on the pleadings pursuant to
Q: What is the rule when pleading a fraud, Rule 34. An admission in a pleading cannot be
mistake, malice, knowledge and other controverted by the party making such admission
conditions of the mind; pleading a judgment; because the admission is conclusive as to him. All
and pleading on official document or act? proofs submitted by him contrary thereto or
A: When making averments of fraud or mistake, inconsistent therewith should be ignored whether
the circumstances constituting such fraud or an objection is interposed by a party or not.
mistake must be stated with particularity. (Sec. 5, (Republic vs. Sarabia, 468 SCRA 142).
Rule 8). In pleading a judgment or decision of a
domestic or foreign court, judicial or quasi- Q: When does a specific denial requires an
judicial tribunal, or of a board or officer, it is oath?
sufficient to aver the judgment or decision without A: When the action is founded upon a document
setting forth matter showing jurisdiction to render pleaded in the manner required by Sec. 7, Rule 8,
it. (Sec. 6, Rule 8). An authenticated copy of the the party, who has no intent of admitting the
judgment or decision shall be attached to the genuineness and due execution of the document,
pleading. (Sec. 6, Rule 8, AM No. 19-10-20-SC). In must contest the same by (1) specifically denying
pleading an official document or official act, it is the genuineness and due execution of the
sufficient to aver that the document was issued or document under oath; and (2) setting forth what he
10
claims to be the facts. A mere specific denial of the

actionable document is insufficient. The denial Q: What is a Default?
must be coupled with an oath. In current usage, A: Default is a procedural concept that occurs
this means that the denial must be verified. The when the defending party fails to file his or her
absence of an oath will result in the implied answer within the reglementary period. (Riano
admission of the due execution and genuineness of (2014), Civil Procedure Vol. 1, p. 362). A declaration
the document. (Sec. 8, Rule 8) or order of default is issued as a punishment for
unnecessary delay in joining issues. (Vlason
Q: What is an Affirmative Defense? Enterprises Corp. vs. CA, GR no. 121662-64, July
A: It is an allegation of a new matter which, while 6, 1999)
hypothetically admitting the material allegations in
the pleading of the claimant, would nevertheless Q: When is a declaration of default proper?
prevent or bar recovery by him or her. (Sec. 5, Rule A: The rule on default clearly establishes the “failure
6)
to answer within the time allowed therefor” as the
Q: What are the grounds of the defendant for ground for a declaration of default. (Sec. 3, Rule 9).
raising affirmative defenses?
Default does not technically occur from the failure of
A:
1. That the court has no jurisdiction over the the defendant to attend either the pre-trial or the
person of the defending party;
trial. (Sec. 3, Rule 9). Therefore, the failure to of the
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to defendant to appear at the pre-trial while a cause
sue;
for the court to order the plaintiff to present his
4. That the pleading asserting the claim
states no cause of action; and evidence ex parte and for the court to render
5. That a condition precedent for filing the judgment on the basis thereof → is not a ground for
claim has not been complied with. (Sec.
12(a), Rule 8, AM No. 19-10-20-SC) a declaration of default as the term is contemplated
under Sec. 3, Rule 9. While the effect of the failure

Q: What is the remedy if the affirmative defense
is denied? of the defendant to appear at the pre-trial is similar
A: Affirmative defenses, if denied, shall not be the to that of default, under the Rules, this
subject of a motion for reconsideration or petition
consequence is not to be called a declaration of
for certiorari, prohibition or mandamus, but may be
among the matters to be raised on appeal after a default.
judgment on the merits. (Sec. 12(e), Rule 8, AM No.
19-10-20-SC) Q: What is the effect of an order of default?
A: The party declared in default loses his standing
Q: What is the effect of failure to plead defenses in court. The loss of such standing prevents him
and objections? from taking part in trial. While the defendant can no
A: Defenses and objections not pleaded either in a longer take part in the trial, he is entitled to notices
motion to dismiss or in the answer are deemed of subsequent proceedings. (Sec. 3(a), Rule 9). A
waived. However, when it appears from the declaration of default is not tantamount to an
pleadings or the evidence on record that the court admission of the truth or the validity of the
has no jurisdiction over the subject matter, that plaintiff’s claims. (Monarch Insurance vs. CA, 333
there is another action pending between the same SCRA 71)
parties for the same cause, or that the action is
barred by a prior judgment or by statute of Q: What are the reliefs from an order of
limitations, the court shall dismiss the claim. (Sec. judgment?
1, Rule 9) A:
1. Remedy after notice of order and before
Q: What is the effect of failure to plead a judgment; A party declared in default may,
compulsory counterclaim and cross-claim? at any time after notice thereof and before
A: A compulsory counterclaim, or a cross-claim, judgment, file a motion under oath to set
not set up shall be barred. (Sec. 2, Rule 9) aside the other of default and properly
11
show that: (a) the failure to answer was If no answer is filed in any of the above actions, the
due to fraud, accident, mistake, or court shall order the Solicitor-General or any of his
excusable negligence; and (b) He has a or her deputized public prosecutors to investigate
meritorious defense. (ie. there must be an whether or not collusion exists between the parties.
affidavit of merit. (Sec. 3(e), Rule 9, AM No. 10-10-20-SC)
2. Remedy after judgment and before
judgment becomes final and executory; If If there is no collusion, the court shall order the
the judgment has already been rendered Solicitor-General or any or his or her public
when the defendant discovered the prosecutors to intervene for the State in order to
default, but before the same has become see to it that the evidence submitted is not
final and executory, he may file a motion fabricated. (Sec. 3(e), Rule 9, AM No. 19-10-20-SC)
for new trial under Rule 37. He may also
appeal from the judgment as being Q: What is the rule on payment of docket fees?
contrary to the evidence or the law. A: General Rule: Court acquires jurisdiction over
(Republic vs. Sandiganbayan, 540 SCRA the claim of damages upon payment of the correct
431) docket fees. (Nestle Philippines, Inc. vs. FY Sons,
3. Remedy after the judgment becomes final Inc., 489 SCRA 624). Any defect in the original
and executory: The defendant may file a pleading resulting in underpayment of the docket
petition for relief from judgment under fee cannot be cured by amendment since there is
Rule 38. (Republic vs. Sandiganbayan, no original complaint over which the court has
supra) acquired jurisdiction. (Manchester Development
4. Remedy when defendant was improperly Corp. vs. CA, 149 SCRA 562). Exceptions: While
declared in default: The defendant must the payment of the required docket fee is a
file a petition for certiorari. (Viacrusis vs. jurisdictional requirement, its nonpayment at the
Estenzo, GR no. L-18457, June 30, 1962) time of filing does not automatically cause the
dismissal of the case as long as the fee is paid
Q: What is the effect of a partial default? within the applicable prescriptive or reglementary
A: When a pleading asserting a claim states a period. (Sun Insurance Office vs. Asuncion, 170
common cause of action against several defending SCRA 274). If the amount of the docket fees is
parties, some of whom answer and the others fail insufficient considering the amount of the claim,
to do so, the court shall try the case against all the party filing the case will be required to pay the
upon the answers thus filed and render judgment deficiency but jurisdiction is not automatically lost.
upon the evidence presented. (Sec. 3(c), Rule 9) (Rivera vs. Del Rosario, 419 SCRA 626).
Q: What is the rule on the extent of relief in a Q: Distinguish: Filing and Service of pleadings:
judgment by default? A: Filing is the act of submitting the pleading or
A: The reliefs that may be granted in default other paper to the court. On the other hand,
situations are restricted by Sec. 3(d), Rule 9, ROC. Service is the act of providing a party with a copy
Thus, if the complaint seeks to recover P1Million of the pleading or any other court submission.
but the evidence of the complaint seeks to recover (Sec. 2, Rule 13, AM No. 19-10-20-SC)
P1.5Million, the court has no authority to grant the
latter amount despite the evidence. This is Q: What are the manner of filing?
because, under the Rules, “A judgment rendered A: The filing of pleadings and other court
against a party in default shall not exceed the submissions shall be made by:
amount or be different in kind from that prayed for 1. Submitting personally the original thereof,
nor award unliquidated damages”. (Sec. 3(d), Rule plainly indicated as such, to the court;
9) 2. Sending them by registered mail;
3. Sending them by accredited courier; or
Q: What are cases where a declaration/order of 4. Transmitting them by electronic mail or
default cannot be made? other electronic means as may be
A: Default is not allowed in the following actions: authorized by the Court in places where
a. Annulment of marriage; the court is electronically equipped. (Sec.
b. Declaration of nullity of Marriage; and 3, Rule 13, AM no. 19-10-20-SC)
c. Legal Separation (Sec. 3(e), Rule 9
Q: What are the modes of service?
12
A:
MODE OF SERVICE HOW COMPLETED?
1. Personal Service (see Sec. 6, Rule 13);
2. Service by mail (see Sec. 7, Rule 13);
3. Accredited Courier;
4. Electronic Mail (see Sec. 9, Rule 13); Personal Service Upon Actual Delivery
5. Facsimile transmission (see Sec. 9, Rule
13); Upon the expiration of
Service by Ordinary
6. Other electronic means authorized by Mail 10 calendar days after
Court; or mailing, unless the
7. Other means as provided by for in court otherwise
international conventions to which the provides.
Philippines is a party;
Service by Upon actual receipt by
Q: What is the Rule on service of judgments, Registered Mail the addressee, or after
final orders or resolutions? 5 calendar days from
A: Judgments, final orders, or resolutions shall be the date he or she
served either personally or by registered mail. Upon received the first notice
of the postmaster,
ex parte motion of any party in the case, a copy of
whichever date is
the judgment, final order, or resolution may be
earlier.
delivered by accredited courier at the expense of
such party. When a party summoned by
publication has failed to appear in the action,
Service by Upon actual receipt by
judgments, final orders or resolutions against him Accredited Courier the addressee, or after
or her shall be served upon him or her also by at least two (2)
means of publication at the expense of the attempts to deliver by
prevailing party. (Sec. 13, Rule 13, AM No. 19-10- the courier service, or
20-SC) upon the expiration of
five (5) calendar days
after the first attempt to
Q: What is the conventional service or filing of
deliver, whichever is
orders, pleadings, and other documents? earlier.
A: THE ORDERS, PLEADINGS AND OTHER
DOCUMENTS THAT MUST BE SERVED OR FILED
PERSONALLY OR BY REGISTERED MAIL: Electronic Service At the time of the
a. Initiatory pleadings and initial responsive electronic transmission
pleadings, such as an answer; of the document, or
b. Subpoenae, protection order, and writs; when available, at the
c. Appendices and exhibits to motions or time that the electronic
other documents that are not readily notification of service of
the document is sent.
amenable to electronic scanning may, at
the option of the party filing such, be filed
and served conventionally; and
d. Sealed and confidential documents or
Service by Facsimile Upon receipt by the
records; (Sec. 14, Rule 13, AM No. 19-10-
Transmission other party, as
20-SC) indicated in the
facsimile transmission
The Sec. 14, Rule 13 tenor; “Notwithstanding the printout.
foregoing, the following orders, pleadings, and
other documents must be served or filed personally
or by registered mail when allowed, and shall not
be served or filed electronically, unless express Q: How is filing proven?
permission is granted by the Court x x x.” A:
HOW FILING IS PROVEN?
Q: When is service deemed completed?
A:
13
MODE OF FILING HOW PROVEN? By other By an affidavit of

authorized electronic filing of the filing
electronic means party accompanied by a
(Sec. 16, par. 2, copy of the electronic
Personally Filed By the written or stamped Rule 13) acknowledgment of its
(Not on record) acknowledgment of its filing by the court.
(Sec. 16 (a), Rule filing by the clerk of court
13) on a copy of the pleading
or court submission.
Q: How is service proven?

A:
By Registered By the registry receipt and HOW SERVICE IS PROVEN?

Mail by the affidavit of the
(Sec. 16(b), Rule person who mailed it,
MODE OF SERVICE HOW PROVEN?
13) containing a full statement
of the date and place of
deposit of the mail in the
post office in a sealed
Personal Service By a written admission
envelope addressed to the
of the party served, or
court, with postage fully
the official return of the
prepaid, and with
server, or the affidavit of
instructions to the
the party serving,
postmaster to return the
containing a statement
mail to the sender after ten
of the date, place, and
(10) calendar days if not
manner of service.
delivered.
By Accredited By an affidavit of service

of the person who brought Ordinary Mail By an affidavit of the
Courier Service
the pleading or other person mailing stating
(Sec. 16(c), Rule
document to the service the facts showing
13)
provider, together with the compliance with
courier’s official receipt Section 7, Rule 13.
and document tracking
number.
Registered Mail By the affidavit of the
person mailing stating
the facts showing
By Electronic Mail By an affidavit of compliance with Sec. 7,
(Sec. 16(d), Rule electronic filing of the filing Rule 13; and the
13) party accompanied by a registry receipt issued
paper copy of the pleading by the mailing office.
or other document
transmitted or a written or The registry return card
stamped shall be filed
acknowledgement of its immediately upon its
filing by the clerk of court. receipt by the sender,
If the paper the paper or in lieu thereof, the
copy sent by electronic unclaimed letter
mail as filed by registered together with the
mail, par. b of this section certified or sworn copy
applies. of the notice given by
the postmaster to the
addressee.
14
Accredited Courier By an affidavit of

(Sec. 3, Rule 10). After a responsive pleading is
Service service executed by the filed, an amendment to the complaint may be
person who brought the substantial and will correspondingly require a
pleading or paper to the substantial alteration in the defenses of the adverse
service provider, party. The amendment of the complaint is not only
together with the unfair to the defendant but will cause unnecessary
courier’s official receipt
delay in the proceedings. Leave of court is
or document tracking
required. On the other hand, where no responsive
number.
pleading has yet been served, no defenses would
be altered. The amendment of the pleading will not
then require leave of court. (Siasco vs. CA, 303
Electronic Mail, By an affidavit of
facsimile, or other service executed by the SCRA 186)
authorized person who sent the e-
electronic means of mail, facsimile, or other Q: What is a formal amendment?
transmission electronic transmission, A: A defect in the designation of the parties and
together with a printed other clearly clerical or typographical errors may be
proof of transmittal. summarily corrected by the court at any stage of
the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse. (Sec. 4,
Rule 10)
Q: Can pleadings be amended?
Q: What is the effect of an amended pleading?
A: Pleadings may be amended by adding or
A: An amended pleading supersedes the pleading
striking out an allegation or the name of any party,
that it amends. However, admissions in
or by correcting a mistake in the name of a party or
superseded pleadings may be offered in evidence
a mistaken or inadequate allegation or description
against the pleader, and claims or defenses alleged
in any other respect, so that the actual merits of the
therein not incorporated in the amended pleading
controversy may speedily be determined, without
shall be deemed waived. (Sec. 8, Rule 10, AM No.
regard to technicalities, in the most expeditious
19-10-20-SC).
and inexpensive manner. (Sec. 1, Rule 10)
Q: What is a supplemental pleading?

Q: When is an amendment a matter of right?
A: A supplemental pleading is one which sets forth
A: A plaintiff has the right to amend his complaint
transactions, occurrences, or events which have
once at (a) any time before a responsive pleading is
happened since the date of the pleading sought to
served by the other party or (b) in case of a reply to
be supplemented. The filing of supplemental
which there is no responsive pleading, at any time
pleadings requires leave of court. The court may
within 10 calendar days after it is served. (Sec. 2,
allow the pleading only upon such terms as are
Rule 9, AM No. 19-10-20-SC). Therefore, before an
just. This leave of court is sought by the filing of a
answer is served on the plaintiff, the latter may
motion with notice to all parties. (Sec. 6, Rule 10)
amend his complaint as a matter of right. The
defendant may also amend his complaint as a
F. Summons:
matter of right, before a reply is served upon him.
Q: What is the meaning of Summons?

Q: When is an amendment made by leave of
A: It is the writ by which the defendant is notified of
court?
the action brought against him. (Republic vs.
A: Leave of Court is required for an amendment
Domingo, 657 SCRA 621)
made after service of a responsive pleading. For
example, the plaintiff cannot amend his complaint
Q: What is the purpose of summon in Personal
by changing his cause of action or adding a new
Actions (actions in personam?
one after the defendant’s answer without leave of
A: In an action in personam, the purpose of
court. (Sec. 3, Rule 10; Calo and San Jose vs.
Roldan, 76 Phil. 445). Orders of the court upon the summons is; (1) to comply with due process and
also (2) to acquire jurisdiction over the person of
matters provided in this Section shall be made
the defendant. Mere filing of the complaint and the
upon motion filed in court, and after notice to the
payment of docket fees, the Court acquires
adverse party, and an opportunity to be heard.
jurisdiction only over the person of the plaintiff, and
15
not over the person of the defendant. (Ellice Agro- by the court, shall complete its service. Within five
Industrial Corp. vs. Young, 686 SCRA 51) (5) calendar days from service of summons, the
server shall file with the court and serve a copy of
Q: What is the purpose of summons in Real the return to the plaintiff’s counsel, personally, by
Actions (Actions in rem and quasi-in rem)? registered mail, or by electronic means authorized
A: In an action ‘In Rem’ or ‘Quasi-In Rem’, by the Rules. (Sec. 20, Rule 14, AM No. 19-10-20-
jurisdiction over the person of the defendant is not SC). Should substituted service have been
a prerequisite to confer jurisdiction on the court effected, the return shall state the following: (a) The
provided that the court acquires jurisdiction over impossibility of prompt personal service within a
the ‘Res’ or the ‘Thing’ itself. However, this does period of thirty (30) calendar days from issue and
not mean that the service of summons may be receipt of summons; (b) The date and time of the
dispensed with. The Court adds that summons three (3) attempts on at least (2) two different dates
must still be served upon the defendant in order to to cause personal service and the details of the
satisfy the due process requirements. (Asiavest inquiries made to locate the defendant residing
Limited vs. CA, 296 SCRA 539; PCI Bank vs. thereat; and (c) the name of the person at least
Alejandro, 533 SCRA 738) eighteen (18) years of age and of sufficient
discretion residing thereat, name of competent
Q: When should summons be issued? person in charge of the defendant’s office or
A: Unless the complaint is on its face dismissible regular place of business, or name of the officer of
under Section 1, Rule 9, the court shall, within five the homeowners’ association or condominium
(5) calendar days from receipt of the initiatory corporation or its chief security officer in charge of
pleading and proof of payment of the requisite legal the community or building where the defendant
fees, direct the clerk of court to issue the may be found. (Sec.20, Rule 14, AM No. 19-10-20-
corresponding summons to the defendants. (Sec. SC)
1, Rule 14, AM No. 19-10-20-SC
Q: What is Voluntary Appearance?
Q: What are the contents of summons? A: The defendant's voluntary appearance in the
A: action shall be equivalent to service of summons.
1. The name of the court and the names of The inclusion in a motion to dismiss on other
the parties to the action; grounds aside from lack of jurisdiction over the
2. When authorized by the court upon ex person of the defendant shall be deemed a
parte motion, an authorization for the voluntary appearance. (Sec. 23, Rule 14, AM No.
plaintiff to serve summons to the 19-10-20-SC
defendant;
3. A direction that the defendant answer Q: Who may serve summons?
within the time fixed by these Rules; and A: General Rule: The summons may be served by
4. A notice that unless the defendant so the sheriff, his or her deputy, or other court officer.
answers, plaintiff will take judgment by Exception: In case of failure of service of summons
default and may be granted the relief by them, the court may authorize the plaintiff - to
applied for. (Sec. 2, Rule 14, AM No. 19- serve the summons - together with the sheriff.
10-20-SC) (Sec. 3, Rule 14, AM No. 19-10-20-SC)
Q: What is the duty of counsel of record in Q: What is the rule on substituted service of
summons? summons?
A: Where the summons is improperly served and a A: If, for justifiable reasons, the defendant cannot
lawyer makes a special appearance on behalf of be served personally after at least 3 attempts on 2
the defendant to, among others, question the different dates, service may be effect:
validity of service of summons, the counsel shall be a. By leaving copies of the summons at the
deputized by the court to serve summons on his or defendant's residence to a person at least
her client. (Sec. 13, Rule 14, AM No. 19-10-20-SC) eighteen (18) years of age and of sufficient
discretion residing therein;
Q: What is a “Return”? b. By leaving copies of the summons at the
A: Within thirty (30) calendar days from issuance of defendant's office or regular place of
summons by the clerk of court and receipt thereof, business with some competent person in
the sheriff or process server, or person authorized charge thereof;
16
c. By leaving copies of the summons, if sheriff for said purpose. The jail warden shall file a
refused entry upon making his or her return within five (5) calendar days from service of
authority and purpose known, with any of summons to the defendant. (Sec. 8, Rule 14, AM
the officers of the homeowners’ No. 19-10-20-SC). When the defendant is a minor,
association or condominium corporation, insane or otherwise an incompetent person, service
or its chief security officer in charge of the of summons shall be made upon him or her
community or the building where the personally and on his or her legal guardian if he or
defendant may be found; and she has one, or if none, upon his or her guardian ad
d. By sending an electronic mail to the litem whose appointment shall be applied for by
defendant’s electronic mail address, if the plaintiff. In the case of a minor, service shall be
allowed by the court. (Sec. 6, Rule 14, AM made on his or her parent or guardian. (Sec. 10,
No. 19-10-20-SC) Rule 14, AM No. 19-10-20-SC). When spouses are
sued jointly, service of summons should be made
Q: What is the rule regarding service of to each spouse individually. (Sec. 11, Rule 14, AM
summons upon a defendant where his identity No. 19-10-20-SC)
is unknown or where his whereabouts are
unknown? Q: What is the rule regarding service of
A: In any action where the defendant is designated summons upon domestic or foreign private
as an unknown owner, or the like, or whenever his juridical entities?
or her whereabouts are unknown and cannot be A: When the defendant is a corporation,
ascertained by diligent inquiry, within ninety (90) partnership or association organized under the
calendar days from the commencement of the laws of the Philippines with a juridical personality,
action, service may, by leave of court, be effected service may be made upon the following persons:
upon him or her by publication in a newspaper of (a) President; (b) Managing Partner; (c) General
general circulation and in such places and for such Manager; (d) Corporate Secretary; (e) Treasurer; (f)
time as the court may order. Any order granting In-House Counsel of the corporation whenever
such leave shall specify a reasonable time, which they may be found; or (g) In-House Counsel’s
shall not be less than sixty (60) calendar days after secretaries, in the absence or unavailability of the
notice, within which the defendant must answer. In-House Counsel. (Sec. 12, Rule 14, AM No. 19-
(Sec. 16, Rule 14, AM No. 19-10-20-SC) 10-20-SC). When the defendant is a foreign private
juridical entity which has transacted or is doing
Q: What is the rule regarding service of business in the Philippines, as defined by law,
summons upon residents temporarily outside in service may be made on its resident agent
the Philippines? designated in accordance with law for that
A: When any action is commenced against a purpose, or, if there be no such agent, on the
defendant who ordinarily resides within the government official designated by law to that
Philippines, but who is temporarily out of it, service effect, or on any of its officers, agents, directors or
may, by leave of court, be also effected out of the trustees within the Philippines. (Sec. 14, Rule 14,
Philippines, as under Sec. 17, Rule 14.. (Sec. 18, AM No. 19-10-20-SC). When a foreign corporation
Rule 14, AM No. 19-10-20-SC) has designated a person to receive summons on its
behalf pursuant to the Corporation Code, that
Q: When is Extraterritorial service of summons designation is exclusive and service of summons
allowed? on any other person is inefficacious. (H.B. Zachry
A: When the defendant is a non-resident wherein Company vs. CA, 232 SCRA 329)
he or she is not found in the Philippines; and that
the action against him is either in rem or quasi-in Q: What is the proof of Service of Summons?
rem. (Jose vs. Boyon, 414 SCRA 216) A: The proof of service of a summons shall be
made in writing by the server and shall set forth the
Q: What is the rule regarding service of manner, place, and date of service; shall specify
summons upon prisoners and minors as well as any papers which have been served with the
upon spouses? process and the name of the person who received
A: When the defendant is a prisoner confined in a the same; and shall be sworn to when made by a
jail or institution, service shall be effected upon him person other than a sheriff or his or her deputy. If
or her by the officer having the management of summons was served by electronic mail, a printout
such jail or institution who is deemed as a special of said e-mail, with a copy of the summons as
17
served, and the affidavit of the person mailing, shall A: General Rule: A motion attacking a pleading,
constitute as proof of service. (Sec. 21, Rule 14, order, judgment, or proceeding shall include all
AM No. 19-10-20-SC) objections then available, and all objections not so
included shall be deemed waived. (Sec. 9, Rule 15,
G. Motions: AM No. 19-10-20-SC). Exception: Under Sec. 1,
Rule 9, the following defenses are not deemed
Q: What is the meaning of a motion? waived even if not raised in the motion to dismiss:
A: A motion is an application for relief other than by a. The court has no jurisdiction over the
a pleading. (Sec. 1, Rule 15) subject matter;
b. There is another action pending between
Q: Distinguish: Motions and pleadings. the same parties for the same cause (Litis
A: A motion is an application for relief other than by pendentia);
a pleading, while a pleading is a written statement c. The action is barred by a prior judgment
of the respective claims and defenses of the parties (Res judicata); or
submitted to the court for appropriate judgment. d. The action is barred by the statute of
(Sec. 1, Rule 6, ROC). limitations (Prescription).
Q: What are the contents and form of a motion? Q: What are prohibited motions?
A: A motion must be in writing except those (a) A:
made in open court; and (b) in the course of
WHAT ARE PROHIBITED MOTIONS
hearing or trial. (Sec. 2, Rule 15). On the other (OR MOTIONS THAT ARE NOT ALLOWED)?
hand, a motion should contain (a) a statement of
the relief sought to obtained; (b) the grounds upon
which the motion is based; and (c) The supporting
affidavits and other papers (applies only when so KINDS: EXCEPTIONS:
mandated by the ROC or when necessary to prove
facts stated in the motion). [Sec. 3, Rule 15] 1. Motion to ● When the
dismiss
court has no
Q: What is the nature of a litigious and non- jurisdiction over
litigious motions and when notice of hearing is the subject matter;
● There is
necessary?
another action
A: A non-litigious motion is are motions which the
pending between
court may act upon without prejudicing the rights the same parties
of the adverse parties are non-litigious motions. for the same cause
(Sec. 4, Rule 15, AM no. 19-10-20-SC). A litigious (Litis pendentia);
● The action is
motion is are motions which the court may not act
barred by a prior
upon without prejudicing the rights of the adverse
judgment (Res
parties are non-litigious motions. All motions shall judicata);
be served by personal service, accredited private
courier or registered mail, or electronic means so 2. Motion to hear (None)
affirmative defenses
as to ensure their receipt by the other party. (Sec.
5(b), Rule 15, AM No. 19-10-20-SC). The court
may, in the exercise of its discretion, and if deemed
3. Motion for (None)
necessary for its resolution, call a hearing on the
reconsideration of the
motion. (Sec. 6, Rule 15, AM No. 19-10-20-SC). court’s action on the
The notice of hearing shall be addressed to all affirmative defenses
parties concerned, and shall specify the time and
date of the hearing. (Sec. 6, Rule 15, AM No. 19-
10-20-SC). A motion without a notice of hearing is
considered ‘pro forma’ and does not affect the
reglementary period for the appeal or the filing of
the requisite pleading. (Flores vs. People, 692
SCRA 127)
Q: What is the Omnibus Motion Rule?
18
4. Motion to (None) court. The bill of particulars or a more definite

suspend statement ordered by the court may be filed either
proceedings without in a separate or in an amended pleading, serving a
a temporary
copy thereof on the adverse party. (Sec. 3, Rule 12,
restraining order or
injunction issued by AM No. 19-10-20-SC)
a higher court
Q: What is the effect on the period to file a
responsive pleading?
A: A motion for bill of particulars is not a pleading,
5. Motion for A motion for extension to
extension of time to file an answer as therefore, not a responsive pleading. Whether or
file pleadings, provided under Sec. 11, not his motion is granted, the movant may file his
affidavits or any other Rule 11
responsive pleading. When he files a motion for bill
papers
of particulars, the period to file the responsive
pleading is stayed or interrupted. (Riano (2014),
6. Motion for if it is based on acts of
Civil Procedure Vol. 1, p. 472). After service of the
postponement God, force majeure or
intended for delay physical inability of the bill of particulars or of a more definite pleading, or
witness to appear and after notice of denial of his or her motion, the
testify. moving party may file his or her responsive
pleading within the period to which he or she was
Source: Sec. 12, Rule 15, AM No. 19-10-20-SC)
entitled at the time of filing his or her motion, which
shall not be less than five (5) calendar days in any
Q: What is the purpose of a Motion for a bill of
event. (Sec. 5, Rule 12, AM No. 19-10-20-SC)
particulars? When should a motion for a bill of
particular be apply for? H. Dismissal of Actions:
A: Before responding to a pleading, a party may
move for a definite statement or for a bill of
Q: What is Dismissal with prejudice?
particulars of any matter, which is not averred with
A: The dismissal under Sec. 3, Rule 17, shall have
sufficient definiteness or particularity, to enable him
the effect of an adjudication on the merits, unless
or her properly to prepare his or her responsive
otherwise declared by the court. Therefore, as a
pleading. If the pleading is a reply, the motion must
rule, it is a dismissal with prejudice. (AFP
be filed within ten (10) calendar days from service
Retirement Benefits System vs. Republic, 694,
thereof. Such motion shall point out the defects
SCRA 118)
complained of, the paragraphs wherein they are
contained, and the details desired. (Sec. 1, Rule 12,
Q: What is the rule on dismissal without
AM No. 19-10-20-SC). The purpose is to seek an
prejudice?
order from the court directing the pleader to submit
A: General Rule: A dismissal made by filing of a
a bill of particulars which avers matters with
notice of dismissal is a dismissal without prejudice.
“sufficient definiteness or particularity” to enable
(i.e. the complaint can be refiled). Exception: The
the movant to properly prepare his responsive
dismissal will be one with prejudice in any of the
pleading. (Sec. 1, Rule 12)
following situations:
a. The notice of dismissal by the plaintiff
Q: What is the action of the court after the filing
provides that the dismissal is with
of a motion for a bill of particular?
prejudice; or
A: Upon the filing of the motion, the clerk of court
b. the plaintiff has previously dismissed the
must immediately bring it to the attention of the
same case in a court of competent
court, which may either deny or grant it outright, or
jurisdiction based on or including the
allow the parties the opportunity to be heard. (Sec.
same claim. (Sec. 1, Rule 17)
2, Rule 12).
Q: What is dismissal by mere notice of

Q: What is the rule regarding compliance with
dismissal?
the order?
A: Before the service of an answer or a motion for
A: If the motion is granted, either in whole or in
summary judgment, a complaint may be dismissed
part, the compliance therewith must be effected
by the plaintiff by filing a notice of dismissal. Upon
within ten (10) calendar days from notice of the
the filing of the notice of dismissal, the court shall
order, unless a different period is fixed by the
19
issue an order confirming the dismissal. (Sec 1. b. Examine and make comparisons
Rule 17) of the adverse parties' evidence
vis-avis the copies to be marked;
Q: What is dismissal due to the fault of the c. Manifest for the record
plaintiff? stipulations regarding the
A: The dismissal due to the fault of the plaintiff may be faithfulness of the reproductions
done by the court on its own motion (motu proprio) or and the genuineness and due
upon a motion filed by the defendant. (Sec. 3, Rule 17; execution of the adverse parties'
AFP Retirement Benefit System vs. Republic, 694 SCRA evidence;
118, March 20, 2013). When there are not justifiable
d. Reserve evidence not available at
reasons that explain the plaintiff’s absence during the
the pre-trial, but only in the
presentation of his evidence in chief, the court may
dismiss the complaint. The use of the word “may” following manner:
denotes its directory nature and operates to confer upon i. For testimonial
the court the discretion to decide between the dismissal evidence, by giving the
of the case on this technicality. (Republic vs. Diaz- name or position and
Enriquez, 694 SCRA 102) the nature of the
testimony of the
Q: What is dismissal of counterclaim, cross- proposed witness;
claim, or third party complaint? ii. For documentary
A: A voluntary dismissal by the claimant by notice evidence and other
as in Section 1 of this Rule, shall be made before a object evidence, by
responsive pleading or a motion for summary giving a particular
judgment is served or, if there is none, before the description of the
introduction of evidence at the trial or hearing. evidence. No
(Sec. 4, Rule 17) reservation shall be
allowed if not made in
I. Pre-Trial: the manner described
above.
Q: What is the nature of a pre-trial? 8. Such other matters as may aid in the
A: The pre-trial is mandatory and should be prompt disposition of the action. (Sec. 2,
terminated promptly. (Sec. 2, Rule 18, AM No. 19- Rule 18, AM No. 19-10-20-SC)
10-20-SC)
Q: What is the rule regarding notice of pre-trial?
Q: What are the purposes of pre-trial? A: The notice of pre-trial shall include the dates
A: respectively set for the following (a) Pre-trial: (b)
1. The possibility of an amicable settlement Court-Annexed Mediation; and (c) Judicial Dispute
or of a submission to alternative modes of Resolution, if necessary. The notice of pre-trial
dispute resolution; shall be served on the counsel, or on the party if he
2. The simplification of the issues; or she has no counsel. The counsel served with
3. The possibility of obtaining stipulations or such notice is charged with the duty of notifying
admissions of facts and of documents to the party represented by him or her. (Se. 3, Rule
avoid unnecessary proof; 18, AM No. 19-10-20-SC)
4. The limitation of the number and
identification of witnesses and the setting Q: What is the rule regarding appearance of
of trial dates; parties during pre-trial?
5. The advisability of a preliminary reference A: General Rule: It shall be the duty of the parties
of issues to a commissioner; and their counsel to appear at Pre-trial (Sec. 4,
6. The propriety of rendering judgment on Rule 18, AM No. 19-10-20-SC). Mediation is a part
the pleadings, or summary judgment, or of of pre-trial and failure to appear therein merits
dismissing the action should a valid sanction on the part of the absent party. (Senarlo
ground therefor be found to exist; vs. Judge Paderanga, 617 SCRA 247). Exception:
7. The requirement for the parties to: The non-appearance of a party and counsel may
a. Mark their respective evidence if be excused only for acts of God, force majeure, or
not yet marked in the judicial duly substantiated physical inability. (Sec. 4, Rule
affidavits of their witnesses; 18, AM No. 19-10-20-SC)
20
It is set when the It is ordered by the

Q: What is the effect when parties failed to plaintiff moves ex court and no motion to
appear during pre-trial? parte to set the case set the case for pre-
A: When duly notified, the failure of the plaintiff and for pre-trial. trial is required for
counsel to appear without valid cause when so either parties.
required, pursuant to the next preceding Section
(Section 3), shall cause the dismissal. (Sec. 5, Rule The motion to set the Pre-trial is ordered by
18, AM No. 19-10-20-SC). On the other hand, case for pre-trial is the court after
When duly notified, the failure of the defendant and made after the last arraignment and within
counsel to appear without valid cause when so responsive pleading 30 days from the date
required, pursuant to the next preceding Section has been served and the court acquires
filed. jurisdiction over the
(Section 3), shall cause to allow the plaintiff to
person of the accused.
present his or her evidence ex-parte within 10
calendar days from the termination of the pre-trial,
and the court to render judgment on the basis of
It considers the It does not include
the evidence offered. (Sec. 5, Rule 18, AM No. 19-
possibility of an considering the
10-20-SC). amicable settlement possibility of amicable
as an important settlement of criminal
Q: What is the rule regarding pre-trial brief? objective liability as one of its
A: The parties shall file with the court their purposes.
respective pre-trial briefs which should be received
at least 3 calendar days before the date of the pre- Pre-trial brief is Pre-trial brief is not
trial. (Sec. 6, Rule 18). This pre-trial brief shall be required required
served on the adverse party in such manner that
will ensure his receipt also at least 3 calendar days Source: Rule 7 and Rule 118, Rules of Court
before the date of the pre-trial. (Sec. 6, Rule 18).
Failure to file the pre-trial brief shall have the same J. Intervention:
effect as failure to appear at the pre-trial. (Sec. 6,
Rule 18) Q: What are the requisites for a valid
intervention?
Q: What is the rule regarding pre-trial order? A:
A: Upon the termination of the pre-trial, the court 1. He or she must not be a party to the case;
shall issue an (pre-trial) order within 10 calendar 2. There must be a motion for intervention
days which shall recite in detail the matters taken filed before rendition of judgment by the
up. (Sec. 7, Rule 18, AM No. 19-10-20-SC). A pre- trial court. (A motion is necessary because
trial order is not intended to be a detailed leave of court is required before a person
catalogue of each and every issue that is to be may be allowed to intervene);
taken during the trial, for it is unavoidable that there 3. The movant must show in his motion that
are issues that are impliedly included among those he has a:
listed or that may be inferable from those listed by a. Legal interest in the following:
necessary implication which are as much integral i. The matter in litigation;
parts of the pre-trial order as those expressly listed. ii. The success of either of
(Phil. Export and Foreign Loan vs. Amalgamated the parties in the action;
Management, 658 SCRA 273) or
iii. Against both parties;
Q: Distinguish pre-trial in civil cases and pre- b. The isso situated as to be
trial in criminal cases. adversely affected by a
A: distribution or other disposition
PRE-TRIAL IN PRE-TRIAL IN of property in the custody of the
CIVIL CASES CRIMINAL CASES court or of an officer thereof;
c. The intervention must not unduly
delay or prejudice the
adjudication of the rights of the
original parties; and
21
d. The intervenor’s rights may not

be fully protected in a separate Q: What is the rule regarding compelling
proceeding. (Mabayo Farms vs. attendance and contempt?
CA, 385 SCRA 110; Acenas II vs. A: In case of failure of a witness to attend, the court
CA, 247 SCRA 773) or judge issuing the subpoena, upon proof of the
service thereof and of the failure of the witness,
Q: When is the time for intervention? may issue a warrant to the sheriff of the province,
A: The motion to intervene may be filed at any time or his or her deputy, to arrest the witness and bring
before the rendition of judgment by the trial court. him or her before the court or officer where his or
(Sec. Rule 2, Rule 19). Hence, Intervention after trial her attendance is required, and the cost of such
and decision can no longer be permitted. (Yau vs. warrant and seizure of such witness shall be paid
manila Banking Corp., 384 SCRA 340) by the witness if the court issuing it shall determine
that his or her failure to answer the subpoena was
Q: What is the remedy for the denial of motion willful and without just excuse. (Sec. 8, Rule 21, AM
to intervene? No. 19-10-20-SC). On the other hand, Failure by
A: The remedy of the aggrieved party is to appeal. any person without adequate cause to obey a
This Court has on occasion held that an order subpoena served upon him or her shall be deemed
denying a motion for intervention is appealable. a contempt of the court from which the subpoena
Where the lower court's denial of a motion for is issued. If the subpoena was not issued by a
intervention amounts to a final order, an appeal is court, the disobedience thereto shall be punished
the proper remedy, as when the denial leaves the in accordance with the applicable law or Rule.
intervenor without further remedy or resort to (Sec. 9, Rule 21). However, The provisions of
judicial relief. (Foster-Gallego vs. Sps. Galang, GR Sections 8 and 9 of this Rule shall not apply to a
no. 130228, July 24, 2004) witness who resides more than one hundred (100)
kilometers from his or her residence to the place
K. Subpoena: where he or she is to testify by the ordinary course
of travel, or to a detention prisoner if no permission
Q: What is Subpoena Duces Tecum? of the court in which his or her case is pending was
A: It is a process directed to a person requiring him obtained. (Sec. 10, Rule 21, AM No. 19-10-20-SC)
or her to bring with him or her any books,
documents, or other things under his or her control. Q: What is the rule regarding the quashal of
Sec. 1, Rule 21, AM No. 19-10-20-SC) subpoena?
A: In case of failure of a witness to attend, the court
Q: What is Subpoena Ad Testificandum? or judge issuing the subpoena, upon proof of the
A: In this jurisdiction, there are two (2) kinds of service thereof and of the failure of the witness,
subpoena, to wit: subpoena ad testificandum and may issue a warrant to the sheriff of the province,
subpoena duces tecum. The first is used to compel or his or her deputy, to arrest the witness and bring
a person to testify, while the second is used to him or her before the court or officer where his or
compel the production of books, records, things or her attendance is required, and the cost of such
documents therein specified. (Roco vs. Contreras, warrant and seizure of such witness shall be paid
GR no. 158275, June 28, 2005) by the witness if the court issuing it shall determine
that his or her failure to answer the subpoena was
Q: What is the rule regarding service of willful and without just excuse. (Sec. 8, Rule 21, AM
subpoena? No. 19-10-20-SC)
A: Service of a subpoena shall be made in the
same manner as personal or substituted service of L. Computation of Time:
summons. The original shall be exhibited and a
copy thereof delivered to the person on whom it is Q: How to compute time?
served. The service must be made so as to allow A: In computing any period of time prescribed or
the witness a reasonable time for preparation and allowed by these Rules, or by order of the court, or
travel to the place of attendance. Costs for court by any applicable statute, the day of the act or
attendance and the production of documents and event from which the designated period of time
other materials subject of the subpoena shall be begins to run is to be excluded and the date of
tendered or charged accordingly. (Sec. 6, Rule 21, performance included. If the last day of the
AM No. 19-10-10-20-SC) period, as thus computed, falls on a Saturday, a
22
Sunday, or a legal holiday in the place where the

court sits, the time shall not run until the next Q: What are the uses of deposition?
working day. (Sec. 1, Rule 22) A:
1. Any deposition may be used by any party
Q: What is the effect of interruption? for the purpose of contradicting or
A: Should an act be done which effectively interrupts the impeaching the testimony of deponent as
running of the period, the allowable period after such a witness;
interruption shall start to run on the day after notice of the 2. The deposition of a party or of any one
cessation of the cause thereof. The day of the act that who at the time of taking the deposition
caused the interruption shall be excluded in the
was an officer, director, or managing
computation of the period. (Sec. 2, Rule 22).
agent of a public or private corporation,
partnership, or association which is a
M. Modes of Discovery:
party may be used by an adverse party for
any purpose;
Q: What is the meaning of deposition?
3. The deposition of a witness, whether or
A: It is the taking of the testimony of any person,
not a party, may be used by any party for
whether he be a party or not, but at the instance of
any purpose if the court finds: (1) that the
a party to the action. This testimony is taken out of
witness is dead, or (2) that the witness
court.
resides at a distance more than one
hundred (100) kilometers from the place of
Q: What are the methods for taking a
trial or hearing, or is out of the Philippines,
deposition?
unless it appears that his absence was
A:
procured by the party offering the
1. By an oral examination; or
deposition, or (3) that the witness is
2. By a written interrogatory. (Sec. 1, Rule
unable to attend or testify because of age,
23)
sickness, infirmity, or imprisonment, or (4)
DEPOSITION DEPOSITION that the party offering the deposition has
RULE 23 RULE 24 been unable to procure the attendance of
the witness by subpoena; or (5) upon
application and notice, that such
Deposition “De benne Deposition “In
esse” perpetuam rei exceptional circumstances exist as to
memoriam” make it desirable, in the interest of justice
and with due regard to the importance of
presenting the testimony of witnesses
If the deposition is for If the deposition
orally in open court, to allow the
use during a pending perpetuates a
action testimony for use in deposition to be used; and
future proceedings, as 4. If only part of a deposition is offered in
when it is sought evidence by a party, the adverse party
before the existence of may require him to introduce all of it which
an action, or for cases is relevant to the part introduced, and any
on appeal. party may introduce any other parts. (Sec.
4, Rule 23, ROC)
Q: What is the scope of examination? Q: When may objections to admissibility be

A: Unless otherwise ordered by the court as made?
provided by Section 16 or 18 of this Rule, the A: Objections may be made at the trial or hearing to
deponent may be examined regarding any matter, receiving in evidence any deposition or part thereof
not privileged, which is relevant to the subject of for any reason which would require the exclusion of
the pending action, whether relating to the claim or the evidence if the witness were then present and
defense of any other party, including the existence, testifying. (Sec. 6, Rule 23)
description, nature, custody, condition, and
location of any books, documents, or other tangible
Q: When may taking of deposition be terminated
things and the identity and location of persons
or its scope limited?
having knowledge of relevant facts. (Sec. 2, Rule
A: At any time during the taking of the deposition,
23)
on motion or petition of any party or of the
23
deponent and upon a showing that the examination described in and exhibit with the request; or (b)
is being conducted in bad faith or in such manner admit the truth of any material and relevant matter
as unreasonably to annoy, embarrass, or oppress of fact set forth in the request. (Sec. 1, Rule 26)
the deponent or party, the court in which the action
is pending or the Regional Trial Court of the place Q: What are the consequences of failure to
where the deposition is being taken may order the answer request for admission?
officer conducting the examination to cease A: Unless otherwise allowed by the court for good
forthwith from taking the deposition, or may limit cause shown and to prevent a failure of justice, a
the scope and manner of the taking of the party who fails to file and serve a request for
deposition, as provided in Section 16 of this Rule. If admission on the adverse party of material and
the order made terminates the examination, it shall relevant facts at issue which are, or ought to be,
be resumed thereafter only upon the order of the within the personal knowledge of the latter, shall
court in which the action is pending. Upon demand not be permitted to present evidence on such
of the objecting party or deponent, the taking of the facts. (Sec. 5, Rule 26)
deposition shall be suspended for the time
necessary to make a notice for an order. In Q: What is the effect of admission?
granting or refusing such order, the court may A: Any admission made by a party as a
impose upon either party or upon the witness the consequence of the failure to comply with the
requirement to pay such costs or expenses as the request is only for the purpose of the pending
court may deem reasonable. (Sec. 18, Rule 23) action and shall not be deemed an admission for
any other purpose. Likewise, the admission cannot
Q: What is the purpose of interrogatories of be used against the admitting party in any other
parties? proceeding. (Sec. 3, Rule 26)
A: This is available by a party to the action for the
purpose of eliciting material and relevant facts from Q: What is the effect of failure and serve request
any adverse party. (Sec. 1, Rule 25). Existing rules for admission?
consider this mode of discovery as important A: It is advisable for the party to whom the written
because within one day from receipt of the request is directed to file and serve upon the party
complaint, the rule mandates not only the requesting the admission a sworn statement either
preparation of the summons but also the issuance (a) specifically denying the matters of which
of an order requiring the parties Rule 25 and admission is requested, or (b) if he does not deny
request for admission by adverse party under Rule the same, to set forth in detail the reasons why he
26. However, the parties may use (at their cannot truthfully admit or deny those matters. This
discretion) depositions under Rule 23 or other sworn statement shall be filed and served within
measures under Rule 27 and 29 within 5 days from the period designated in the request but which
the filing of the answer. (AM No. 03-1-09-SC, IA, 1) shall not be less than 15 calendar days from the
service of such request, or within such further time
Q: What is the effect of failure to serve written as the court may allow. (Sec. 2, Rule 26, AM No.
interrogatories? 19-10-20-SC). If the party to whom the written
A: Unless thereafter allowed by the court for good request for admission is directed does not file the
cause shown and to prevent a failure of justice, a required sworn statement, each of the matters of
party not served with written interrogatories may which an admission is requested shall be deemed
not be compelled by the adverse party to give admitted. (Sec. 2, Rule 26)
testimony in open court, or to give a deposition
pending appeal. (Sec. 6, Rule 25) Q: What is the purpose of production or
inspection of documents or things?
Q: What is the purpose of admission by adverse A: Order any party to produce and permit the
party? inspection and copying or photographing, by or on
A: To allow one party to request the adverse party, behalf of the moving party, of any any designated
in writing, to admit certain material and relevant documents, papers, books, accounts, letters,
matters which will not be disputed during the trial. photographs, objects or tangible things, not
To avoid unnecessary inconvenience to the parties privileged, which constitute or contain evidence
in going through the rigors of proof before the trial, material to any matter involved in the action and
a party may request the other to (a) admit the which are in his possession, custody or control;
genuineness of any material and relevant document and Order any party to permit entry upon
24
designated land or other property in his possession 2. The court may order refusing to allow the
or control for the purpose of inspecting, measuring, disobedient party to support or oppose
surveying, or photographing the property or any designated claims or defenses or
designated relevant object or operation thereon. prohibiting him or her from introducing in
(Sec. 1, Rule 27) evidence designated documents or things
or items of testimony, or from introducing
Q: What are privileged documents? evidence of physical or mental condition
A: Rule 27 provides that the documents, papers, (Sec. 3(b), Rule 29);
books, accounts, letters, photographs, objects or 3. A refusal of a party to be sworn after being
tangible things that may be produced and directed by the court may be considered a
inspected should not be privileged. The document contempt of that court. (Sec. 2, Rule 29);
may be produced and inspected should not be 4. If a party or an officer or managing agent
privileged. The documents must not be privileged of a party wilfully fails to appear before the
against disclosure. On the ground of public policy, officer who is to take his or her deposition,
the rules providing for production and inspection of after being served with a proper notice, or
books and papers do not authorize the production fails to serve answers to interrogatories
or inspection of privileged matter; that is, books submitted under Rule 25 after proper
and papers which, because of their confidential service of such interrogatories, the court
and privileged character, could not be received in on motion and notice, may strike out all or
evidence. Such a condition is in addition to the any part of any pleading of that party, or
requisite that the items be designated and must dismiss the action or proceeding or any
constitute or contain evidence material to any part thereof, or enter a judgment by
matter involved in the action and which are in the default against that party, and in its
party’s possession, custody or control. (Sec. 1, discretion, order him or her to pay
Rule 27). reasonable expenses incurred by the
other, including attorney's fees. (Sec. 5,
Q: What is the application of Rule 28 (Physical Rule 29);
and mental examination of person?
A: This mode of discovery applies to an action in N. Trial:
which the mental or physical condition of a party is
in controversy. (Sec. 1, Rule 28) Q: What is the rule regarding adjournments and
postponements?
Q: What is a waiver of privilege? A: General Rule: A court may adjourn a trial from
A: By requesting and obtaining a report of the day to day, and to any stated time, as the
examination so ordered or by taking the deposition expeditious and convenient transaction of business
of the examiner, the party examined waives any may require. (Sec. 2, Rule 30). Exception: Court
privilege he or she may have in that action or any has no power to adjourn a trial for a period longer
other involving the same controversy, regarding the than 1 month for each adjournment, nor more than
testimony of every other person who has examined 3 months in all, except when authorized in writing
or may thereafter examine him or her in respect of by the Court Administrator. (Sec. 2, Rule 30). A
the same mental or physical examination. (Sec. 4, motion for postponement should not be filed on the
Rule 28) last hour especially when there is no reason why it
could not have been presented earlier. (Republic
Q: What are the consequences of refusal to vs. Sandiganbayan, 301 SCRA 237)
comply with modes of discovery?
A: Q: What are the requisites of a motion to
1. If a party refuses to answer any question postpone trial for illness of a party or counsel?
upon oral examination, the proponent may A:
apply to the proper court, for an order to 1. A motion to postponement must be filed;
compel an answer. The same procedure 2. The motion must be supported by an
may be availed of when a party or witness affidavit or sworn certification that the
refuses to answer any interrogatory presence of such party or counsel at the
submitted pursuant to the rules on the trial is indispensable and that the
modes of discovery. (Sec. 1, Rule 29). character of his or her illness is such as to
render his or her non-attendance
25
excusable. (Sec. 4, Rule 30, AM No. 19- 1. Quasi-Consolidation - Where all, except
10-20-SC) one of several of actions are stayed until
one is tried, in which case the judgment in
Q: What is the rule regarding the order of trial? the one trial is conclusive as to the others.
A: (This is not actually consolidation)
1. The plaintiff shall adduce evidence in 2. Actual Consolidation - Where several
support of his complaint; actions are combined into one, lose their
2. The defendant shall then adduce evidence separate identity, and become a single
in support of his defense, counterclaim, action in which a single judgment is
cross-claim and third-party complaint; rendered. This is illustrated by a situation
3. The Third-party defendant, if any, shall where several actions are pending
adduce evidence of his defense, between the same parties stating claims
counterclaim, cross-claim and fourth- which might have been set out originally in
party complaint; one complaint.
4. The fourth-party, and so forth, if any, shall 3. Consolidation for Trial - Where several
adduce evidence of the material facts actions are ordered to be tried together,
pleaded by them; but each retains its separate character,
5. The parties against whom any and requires the entry of a separate
counterclaim or cross-claim has been judgment. This type of consolidation does
pleaded, shall adduce evidence in support not merge the suits into a single action, or
of their defense, in the order to be cause the parties to one action to be
prescribed by the court; and parties to the other. (Republic vs. Heirs of
6. Upon admission of the evidence, the case Oribello, Supra; Neri vs. Sandiganbayan,
shall be deemed submitted for decision, GR no. 202243, August 7, 2013)
unless the court directs the parties to
argue or to submit their respective Q: What is reference by consent regarding trial
memoranda or any other pleadings. by commissioner?
A: By written consent of both parties, the court may
If several defendants or third-party defendants, and order any or all of the issues in a case to be
so forth, having separate defenses appear by referred to a commissioner to be agreed upon by
different counsel, the court shall determine the the parties or to be appointed by the court. (Sec. 1,
relative order of presentation of their evidence. Rule 32)
(Sec. 5, Rule 30)
Q: What are the powers of the commission?
Q: What is the rule regarding the agreed A: Subject to the specifications and limitations
statement of facts? stated in the order, the commissioner has and shall
A: The parties to any action may agree, in writing, exercise the power to regulate the proceedings in
upon the facts involved in the litigation, and submit every hearing before him or her and to do all acts
the case for judgment on the facts agreed upon, and take all measures necessary or proper for the
without the introduction of evidence. If the parties efficient performance of his or her duties under the
agree only on some of the facts in issue, the trial order. He or she may issue subpoenas and
shall be held as to the disputed facts in such order subpoenas duces tecum, swear witnesses, and
as the court shall prescribe. (Sec. 7, Rule 30, AM unless otherwise provided in the order of reference,
No. 19-10-20-SC) he or she may rule upon the admissibility of
evidence. The trial or hearing before him or her
Q: What is Consolidation? shall proceed in all respects as it would if held
A: It is a procedural device, granted to the court as before the court. (Sec. 3, Rule 32)
an aid in deciding how cases in its docket are to be
tried, so that the business of the court may be Q: What is the report of the commissioner?
dispatched expeditiously while providing justice to A: Upon the completion of the trial or hearing or
the parties. (Republic vs. Heirs of Oribello, Jr., 692 proceeding before the commissioner, he or she
SCRA 645) shall file with the court his or her report in writing
upon the matters submitted to him or her by the
Q: What are the kinds of consolidation? order of reference. When his or her powers are not
A: specified or limited, he or she shall set forth his or
26
her findings of fact and conclusions of law in his or also logically unnecessary on the basis of the facts
her report. He or she shall attach thereto all on record.” (Radiowealth Finance Corp. vs. Del
exhibits, affidavits, depositions, papers and the Rosario, 335 SCRA 288)
transcript, if any, of the testimonial evidence
presented before him or her. (Sec. 9, Rule 32) Q: What is the rule regarding the action on the
demurrer to evidence?
Q: What is the rule regarding the notice to A: Under Sec. 2, Rule 33, A demurrer to evidence
parties of the filing or report? shall be subject to the provisions of Rule 15. (Sec.
A: Upon the filing of the report, the parties shall be 2, Rule 33, AM No. 19-10-20-SC). Rule 15 provides
notified by the clerk, and they shall be allowed ten for the rules on Motions, which provides that a
(10) calendar days within which to signify grounds demurrer to evidence must be in writing and shall
of objections to the findings of the report, if they so state the relief sought to be obtained and the
desire. Objections to the report based upon grounds upon which it is based, and if required by
grounds which were available to the parties during these Rules or necessary to prove facts alleged
the proceedings before the commissioner, other therein, shall be accompanied by supporting
than objections to the findings and conclusions affidavits and other papers.
therein set forth, shall not be considered by the
court unless they were made before the Q: Distinguish: Demurrer to evidence in civil and
commissioner. (Sec. 10, Rule 32 criminal cases.
A:
O. Demurrer to Evidence:
DEMURRER TO DEMURRER TO
EVIDENCE IN CIVIL EVIDENCE IN
Q: What is the ground for a demurrer to CASES: CRIMINAL CASES:
evidence?
A: The defendant may move for dismissal on the
ground that upon the facts and the law, the plaintiff Leave of court is not It is filed with or
required before its without leave of court.
has shown no right to relief. (Sec. 1, Rule 33)
filing.
Q: What is the effect of denying a demurrer to

evidence? If granted, the order of the order of dismissal
A: The order denying the demurrer to evidence dismissal is is not appealable
appealable. because of the
shall not be subject of an appeal or petition for
constitutional policy
certiorari, prohibition or mandamus before
against double
judgment. (Sec. 2, Rule 33, AM No. 19-10-20-SC). jeopardy.
If the demurrer to evidence is denied, he or she
shall have the right to present evidence. Where a
If denied, the The accused may
court denied a demurrer to evidence, it should set
defendant may adduce his evidence
the date for the reception of the defendant’s proceed to present his only if the demurrer is
evidence in chief. It should not proceed to grant the evidence. filed with leave of
relief demanded by the plaintiff. (Northwest Airlines, court. He cannot
Inc. vs. CA, 284 SCRA 408) present his evidence if
he filed the demurrer
Q: What is the effect of granting the demurrer to without leave of court.
evidence?
A: If the demurrer is granted, the case shall be
dismissed. However, if (on appeal the order The cannot cannot, on The court can make
its own, make a the demurrer on its
granting the motion is reversed) the defendant
demurrer. own.
loses his right to present evidence. (Sec. 1, Rule
33). It is not correct for the appellate court
Source: Sec. 1, Rule 33; Sec. 23, Rule 119)
reversing the order granting the demurrer to
remand the case to the trial court for further
P. Judgments and Final Orders:
proceedings. The appellate court should, instead of
remanding the case, render judgment on the basis
Q: What is the rule regarding judgment after
of the evidence submitted by the plaintiff. “A
pre-trial?
remand is not only frowned upon by the ROC, it is
27
A: Should there be no more controverted facts, or

no more genuine issue as to any material fact, or Q: What is the rule regarding summary
an absence of any issue, or should the answer fail judgment of defending party?
to tender an issue, the court shall, without A: A party against whom a claim, counterclaim, or
prejudice to a party moving for judgment on the cross-claim is asserted or a declaratory relief is
pleadings under Rule 34 or summary judgment sought may, at any time, move with supporting
under Rule 35, motu proprio include in the pre-trial affidavits, depositions or admissions for a summary
order that the case be submitted for summary judgment in his or her favor as to all or any part
judgment or judgment on the pleadings, without thereof. (Sec. 2, Rule 35)
need of position papers or memoranda. In such
cases, judgment shall be rendered within ninety Q: What is the rule when the case is not fully
(90) calendar days from termination of the pre-trial. adjudicated on the motion?
The order of the court to submit the case for A: If on motion under this Rule, judgment is not
judgment pursuant to this Rule shall not be the rendered upon the whole case or for all the reliefs
subject to appeal or certiorari. (Sec. 10, Rule 18, sought and a trial is necessary, the court may, by
AM No. 19-10-20-SC) examining the pleadings and the evidence before it
and by interrogating counsel, ascertain what
Q: What is the rule regarding judgment on the material facts exist without substantial controversy,
pleadings? including the extent to which the amount of
A: Judgment on the pleadings is appropriate when damages or other relief is not in controversy, and
an answer fails to tender an issue, or otherwise direct such further proceedings in the action as are
admits the material allegations of the adverse just. The facts so ascertained shall be deemed
party’s pleading. As such, it is a judgment that is established, and the trial shall be conducted on the
exclusively based on the submitted pleadings, controverted facts accordingly. (Sec. 4, Rule 35,
without the introduction of evidence as the factual AM No. 19-10-20-SC)
issue remains uncontroverted. (GSIS vs. Prudential
Guarantee and Assurance, Inc., GR no. 165585, Q: What are the forms of affidavit and
November 20, 2013) supporting papers needed?
A: Supporting and opposing affidavits shall be
Q: What are cases where judgment on the made on personal knowledge, shall set forth such
pleadings will no apply? facts as would be admissible in evidence, and shall
A: show affirmatively that the affiant is competent to
1. Actions for the declaration of nullity of a testify to the matters stated therein. Certified true
marriage; copies of all papers or parts thereof referred to in
2. Actions for annulment of marriage; and the affidavit shall be attached thereto or served
3. Actions for legal separation. (Sec. 1, Rule therewith. (Sec. 5, Rule 35)
34)
Q: Distinguish: Judgment on the pleadings and
Q: What is the nature of a summary judgment? summary judgments.
A: A summary judgment is granted to settle expeditiously A: A judgment on the pleadings is a judgment
a case if, on motion of either party, there appears from that is exclusively based on the submitted
the pleadings, depositions, admissions, and affidavits that pleadings, without the introduction of evidence as
no important issues of fact are involved, except the
the factual issue remains uncontroverted., while a
amount of damages. (Ybiernas vs. Tanco-Gabaldon, 650
summary judgment is a judgment granted to
SCRA 154)
settle expeditiously a case if, on motion of either
Q: What is the rule regarding summary party, there appears from the pleadings,
depositions, admissions, and affidavits that no
judgment for claimants?
important issues of fact are involved, except the
A: A party seeking to recover upon a claim,
amount of damages.
counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the
Q: What are the contents of a judgment?
pleading in answer thereto has been served, move
with supporting affidavits, depositions or A:
1. The judgment or final order shall be in
admissions for a summary judgment in his or her
favor upon all or any part thereof. (Sec.1, Rule 35) writing personally and directly prepared by
the judge;
28
2. It must state clearly and distinctly the Within the period for taking an appeal either by:
facts and the law on which it is based; (a) “Notice of Appeal” → within 15 days after
3. It must be signed by him (the judge); and notice to the applicant of the judgment or final
4. It must be filed with the clerk of court.
order appealed from. (Sec. 2, Rule 40; Sec.
(Sec. 1, Rule 36)
3, Rule 40; Sec. 2, Rule 45);
(b) “Record on Appeal” → within 30 days from
Q: What is the rule regarding rendition of
judgments and final orders? notice of the judgment or final order. (Sec. 2,
A: Rendition of a judgment is the filing of the same Rule 40; Sec. 3, Rule 41). [Note: This is
with the clerk of court. It is not the pronouncement required only in special proceedings and in
of the judgment in open court that constitutes the other cases of multiple or separate appeals.
rendition. (Ago vs. CA, 6 SCRA 530; Castro vs. (Sec. 3, Rule 40)]
Malazo, 99 SCRA 164)
Effect of the filing of motion on
Q: What is the rule regarding entry of judgment the period to appeal:
and final order?
A: If no appeal or motion for new trial or Interrupts the period of appeal
reconsideration is filed within the time provided in
these Rules, the judgment or final order shall
Grounds (What to allege):
forthwith be entered by the clerk in the book of
entries of judgments. The date of finality of the
judgment or final order shall be deemed to be the a. That the damages a.Fraud, Accident,
date of its entry (in the book of entries of awarded are Mistake or
excessive; Excusable
judgment). (Sec. 2, Rule 36)
b. The the evidence is negligence which
insufficient to justify ordinary prudence
Q. Post-Judgment Remedies: the decision or final could not have
order;or guarded against
c. That the decision and, by reason of
Q: Distinguish: Motion for New trial and Motion or final order is which, such
for Reconsideration. contrary to law. aggrieved party
A: has probably been
impaired in his
rights; or
b. Newly-
RECONSIDERATION NEW TRIAL
discovered
evidence, which he
could not, with
As to Nature or Objective:
reasonable
diligence, have
diligence and
One that is directed against A remedy that seeks to produced at the
a judgment or a final order. temper the severity of a trial , and which, if
judgment or prevent a presented, would
failure of justice. probably alter the
results.
When to file?
Period of resolving the motion:
Within 30 days from the time it is submitted for

resolution.
Remedy when the motion is denied:
29
Appeal from the judgment Appeal from the Q: What is the remedy in case the judgment or
or final order itself subject judgment or final order. final order is not appealable?
of the motion for A: In those instances where the judgment or final
reconsideration.
order is not appealable, the aggrieved party may
file the appropriate special civil action under Rule
Effect of granting such motion: 65. (Sec. 1, Rule 41; Crisologo vs. JEWN Agro-
Industrial Corp., GR no. 196894, March 3, 2014)
The court may amend such The original judgment or
judgment or final order final order shall be Q: What are the modes of appeal?
accordingly, which will be in vacated, and the action A:
the nature of a new shall stand for trial de
judgment which supersedes novo. The recorded 1. An ordinary appeal: The appeal to the
the original judgment. evidence taken upon the Court of Appeals in cases decided by the
former trial shall be used Regional Trial Court in the exercise of its
at the new trial without
original jurisdiction shall be taken by filing
retaking the same if the
evidence is material and a notice of appeal with the court which
competent. rendered the judgment or final order
appealed from and serving a copy thereof
upon the adverse party. No record on
appeal shall be required except in special
proceedings and other cases of multiple
Source: Rule 37; Rule 40, Rule 41; Ybiernas vs. Tanco-
Gabaldon, GR no. 178925, June 1, 2011) or separate appeals where law on these
Rules so require. In such cases, the
Q: What is the concept of appeal (in general)? record on appeal shall be filed and served
A: The right to appeal is not a part of due process in like manner. (Sec. 2(a), Rule 41)
but a mere statutory privilege that has to be 2. Petition for review: The appeal to the
exercised only in the manner and in accordance Court of Appeals in cases decided by the
with the provisions of law. (Stolt-Nielsen vs. NLRC, Regional Trial Court in the exercise of its
477 SCRA 516) appellate jurisdiction shall be by petition
for review in accordance with Rule 42.
Q: What are the judgments or orders that are (Sec. 2(b), Rule 41)
not appealable? 3. Appeal by certiorari: In all cases where
A: only questions of law are raised or
1. An order denying a petition for relief or any involved, the appeal shall be to the
similar motion seeking relief from Supreme Court by petition for review on
judgment; certiorari in accordance with the Rule 45.
2. An interlocutory order; (Sec. 2(c), Rule 41)
3. An order disallowing or dismissing an
appeal; Q: How is an appeal perfected?
4. An order denying a motion to set aside a A: A party’s appeal by notice is deemed perfected
judgment by consent, confession or as to him upon the filing of the notice of appeal in
compromise on the ground of fraud, due time. A party’s appeal by record on appeal is
mistake or duress, or any other ground deemed perfected as to him with respect to the
vitiating consent; subject matter thereof upon the approval of the
5. An order of execution; record on appeal filed in due time. (Sec. 4, Rule 40
6. A judgment or final order for or against in relation to Sec. 9, Rule 41)
one or more of several parties or in
separate claims, counterclaims, cross-
claims and third-party complaints, while Appeal from Judgments or final orders of the
the main case is pending, unless the court MTCs, MeTCs, and MCTCs:
allows an appeal therefrom; and
7. An order dismissing an action without WHERE TO APPEAL FROM A JUDGMENT OR FINAL
prejudice. (AM No. 07-7-12-SC, ORDER OF A MUNICIPAL COURT:
- An appeal from a judgment or final order of a
December 1, 2007)
MTC mat be taken to the RTC exercising
30
jurisdiction over the area to which the former be allowed to pose an appeal. The trial court’s
pertai. (Sec. 1, Rule 40) only duty with respect to a timely notice of
appeal is to transmit the original record of the
WHEN TO APPEAL: case to the appellate court. (Crisologo vs.
- Within 15 days after notice to the appellant of Daray, 562 SCRA 382)
the judgment or final orde appealed from (Sec.
2, Rule 40) DUTY OF THE CLERK OF COURT OF THE RTC:
- Where a record on appeal is required, the - Upon receipt of the complete record or the
appellant shall file a notice of appeal and a record on appeal, the clerk of court of the RTC
record on appeal within 30 days after notice of shall notify the parties of such fact. (Sec. 7(a),
the judgment or final order. (sec. 2, Rule 40). Rule 40)
- A record on appeal shall be required only in
special proceedings and in cases of multiple or SUBMISSION OF MEMORANDUM:
separate appeals. (Sec. 3, Rule 40) - Within 15 days from such notice, it shall be the
duty of the appellant to submit a memorandum,
CONTENTS OF NOTICE OF APPEAL: copy of which shall be furnished to the
a. Indicate the parties to the appeal; appellee. (Sec. 7(b), Rule 40)
b. The judgment or final order or part thereof - For the appellant, the filing of a memorandum is
appealed from; and vital to his appeal. Failure to file shall be ground
c. State the material dates showing the timeliness for the dismissal of the appeal. The
of the appeal (Sec. 3, Rule 40) memorandum shall briefly discuss the errors
imputed to the lower court. The appellee may (if
HOW TO APPEAL: he so desires) file his memorandum within 15
- Appeal is taken by the following: (a) By filing a days from receipt of the appellant’s
notice of appeal and record of appeal, where memorandum. (Sec. 7(b), Rule 40)
appropriate, with the court that rendered the
judgment or final order appealed from; and (b) WHEN CASE IS DEEMED SUBMITTED FOR DECISION:
By serving a copy of the notice and record on - The case shall be considered submitted for
the adverse party. (Sec. 3, Rule 40) decision upon the filing of the memorandum of
- Therefore, if the judgment was rendered by the the appellee, or the expiration of the period to
MeTC, the notice of appeal must be filed with do so. (Sec. 7(c), Rule 40)
said court, not with the RTC. (Sec. 3, Rule 40)
- Within the period for taking an appeal, the BASIS OF THE DECISION:
appellant shall pay to the clerk of the court - The RTC shall decide the case on the basis of
which rendered the judgment or final order the entire record of the proceedings had in the
appealed from the full amount of the appellate court of origin and such memoranda as are
court docket and other lawfl fees. Proof of filed. (Sec. 7(c), Rule 40)
payment thereof shall be transmitted to the
appellate court together with the original record APPEAL FROM AN ORDER DISMISSING A CASE FOR
or the record on appeal, as the case may be. LACK OF JURISDICTION:
(Sec. 5, Rule 40) - If an appeal is taken from an order of the lower
- Within 15 days from the perfection of the court dismissing the case without a trial on the
appeal, the clerk of court of the lower court merits, the Regional Trial Court may affirm or
shall transmit the original record or the record reverse it, as the case may be. In case of
on appeal, together with transcripts and affirmance and the ground of dismissal is lack
exhibits, which he shall certify as complete, to of jurisdiction over the subject matter, the
the proper RTC. (Sec. 6, Rule 40) Regional Trial Court, if it has jurisdiction
thereover, shall try the case on the merits as if
PERFECTION OF THE APPEAL: the case was originally filed with it. In case of
- A party’s appeal by notice is deemed perfected reversal, the case shall be remanded for further
as to him upon the filing of the notice of appeal proceedings. (Sec. 8, Rule 40).
in due time. A party’s appeal by record on - If the case was tried on the merits by the lower
appeal is deemed perfected as to him with court without jurisdiction over the subject
respect to the subject matter thereof upon the matter, the Regional Trial Court on appeal shall
approval of the record on appeal filed in due not dismiss the case if it has original jurisdiction
time. (Sec. 4, Rule 40 in relation to Sec. 9, Rule thereof, but shall decide the case in
41) accordance with the preceding section, without
- The notice of appeal does not require the prejudice to the admission of amended
approval of the court. The function of the notice pleadings and additional evidence in the
of appeal is merely to notify the trial court that interest of justice. (Sec. 8, Rule 40)
the appellate was availing of the right to appeal,
and not to seek the court’s permission that he
31
Appealsfrom judgments or final orders of the the record on appeal and it shall include the
RTCs: judgment or final order from which the appeal is
taken and, in chronological order, copies of
only such pleadings, petitions, motions and all
MODES OF APPEAL FROM THE REGIONAL TRIAL
interlocutory orders as are related to the
COURT TO THE COURT OF APPEALS:
appealed judgment or final order for the proper
a. By writ of error (ordinary appeal) → where the understanding of the issue involved, together
appealed judgment was rendered in a civil or with such data as will show that the appeal was
perfected on time. (Sec. 6, Rule 41)
criminal action by the RTC in the exercise of its
- If an issue of fact is to be raised on appeal, the
original jurisdiction; or record on appeal shall include by reference all
the evidence, testimonial and documentary,
b. By petition for review → where the judgment
taken upon the issue involved. (Sec. 6, Rule 41)
was rendered by the RTC in the exercise of its - The reference shall specify the documentary
evidence by the exhibit numbers or letters by
appellate jurisdiction. (Leynes vs. Former Tenth
which it was identified when admitted or offered
Division of the CA, GR no. 154462, January 19, at the hearing, and the testimonial evidence by
2011) the names of the corresponding witnesses.
(Sec. 6, Rule 41)
- If the whole testimonial and documentary
APPLICATION OF RULE 41 ON ORDINARY APPEAL: evidence in the case is to be included, a
- Rule 41 applies to appeals from the judgment statement to that effect will be sufficient without
or final order of the RTC in the exercise of its
mentioning the names of the witnesses or the
original jurisdiction. This appeal is called
numbers or letters of exhibits. (Sec. 6, Rule 41)
“Ordinary Appeal” (Sec. 2(a), Rule 41) - Every record on appeal exceeding twenty (20)
pages must contain a subject index. (Sec. 6,
WHEN TO APPEAL: Rule 41)
- The appeal shall be taken within 15 days from
notice of the judgment or final order appealed APPROVAL OF RECORD ON APPEAL:
from. Where a record on appeal is required, the - Upon the filing of the record on appeal for
appellant shall file a notice of appeal and a
approval and if no objection is filed by the
record on appeal within 30 days from notice of
appellee within five (5) days from receipt of a
the judgment or final order. (Sec. 3, Rule 41) copy thereof, the trial court may approve it as
- In habeas corpus cases, the appeal shall be presented or upon its own motion or at the
taken within 48 hours from notice of judgment
instance of the appellee, may direct its
or final order. (Sec. 3, Rule 41) amendment by the inclusion of any omitted
matters which are deemed essential to the
APPELLATE COURT DOCKET AND OTHER LAWFUL determination of the issue of law or fact
FEES: involved in the appeal. (Sec. 7, Rule 41)
- Within the period for taking an appeal, the - If the trial court orders the amendment of the
appellant shall pay to the clerk of the court record, the appellant, within the time limited in
which rendered the judgment or final order the order, or such extension thereof as may be
appealed from, the full amount of the appellate granted, or if no time is fixed by the order within
court docket and other lawful fees. (Sec. 4, Rule ten (10) days from receipt thereof, shall redraft
41) the record by including therein, in their proper
- Proof of payment of said fees shall be chronological sequence, such additional
transmitted to the appellate court together with matters as the court may have directed him to
the original record or the record on appeal. incorporate, and shall thereupon submit the
(Sec. 4, Rule 41) redrafted record for approval, upon notice to
the appellee, in like manner as the original draft.
NOTICE OF APPEAL: (Sec. 7, Rule 41)
- The notice of appeal shall indicate the parties to
the appeal, specify the judgment or final order JOINT RECORD ON APPEAL:
or part thereof appealed from, specify the court - Where both parties are appellants, they may file
to which the appeal is being taken, and state a joint record on appeal within the time fixed by
the material dates showing the timeliness of the section 3 of this Rule, or that fixed by the court.
appeal. (Sec. 5, Rule 41) (Sec. 8, Rule 41)
RECORD ON APPEAL; FORM AND CONTENTS EFFECT OF PERFECTION OF APPEAL:

THEREOF: - A party's appeal by notice of appeal is deemed
- The full names of all the parties to the perfected as to him upon the filing of the notice
proceedings shall be stated in the caption of of appeal in due time. A party's appeal by
32
record on appeal is deemed perfected as to pages wherein their testimonies are found, and
him with respect to the subject matter thereof a list of the exhibits and the pages wherein
upon the approval of the record on appeal filed each of them appears to have been offered and
in due time. In appeals by notice of appeal, the admitted or rejected by the trial court. The
court loses jurisdiction over the case upon the transcripts shall be transmitted to the clerk of
perfection of the appeals filed in due time and the trial court who shall thereupon arrange the
the expiration of the time to appeal of the other same in the order in which the witnesses
parties. In appeals by record on appeal, the testified at the trial, and shall cause the pages
court loses jurisdiction only over the subject to be numbered consecutively. (Sec. 11, Rule
matter thereof upon the approval of the records 41)
on appeal filed in due time and the expiration of
the appeal of the other parties. In either case, TRANSMITTAL:
prior to the transmittal of the original record or - The clerk of the trial court shall transmit to the
the record on appeal, the court may issue appellate court the original record or the
orders for the protection and preservation of approved record on appeal within thirty (30)
the rights of the parties which do not involve days from the perfection of the appeal, together
any matter litigated by the appeal, approve with the proof of payment of the appellate court
compromises, permit appeals of indigent docket and other lawful fees, a certified true
litigants, order execution pending appeal in copy of the minutes of the proceedings, the
accordance with 2 of Rule 39, and allow order of approval, the certificate of correctness,
withdrawal of the appeal. (Sec. 9, Rule 41) the original documentary evidence referred to
therein, and the original and three (3) copies of
DUTY OF CLERK OF COURT OF THE LOWER COURT the transcripts. Copies of the transcripts and
UPON PERFECTION OF APPEAL: certified true copies of the documentary
a. To verify the correctness of the original record evidence shall remain in the lower court for the
or the record on appeal, as the case may be aid examination of the parties. (Sec. 12, Rule 41)
to make certification of its correctness;
b. To verify the completeness of the records that DISMISSAL OF APPEAL:
will be, transmitted to the appellate court; - Prior to the transmittal of the original record or
c. If found to be incomplete, to take such the record on appeal to the appellate court, the
measures as may be required to complete the trial court may motu propio or on motion
records, availing of the authority that he or the dismiss the appeal for having been taken out of
court may exercise for this purpose; and time. (Sec. 13, Rule 41)
d. To transmit the records to the appellate court.
(Sec. 10, Rule 41) Appeals and Review from judgments or final
orders of the Court of Appeals
ADDITIONAL NOTES:
(Rule 42, ROC):
- Within 30 days after the perfection of all the
appeals in accordance with Sec. 9, Rule 41, it
shall be the duty of the clerk of court to perform APPLICATION OF RULE 42:
the above-mentioned duties. - It applies to an appeal from the judgment or
- If the efforts to complete the records fail, he final order of the RTC to the CA in cases
shall indicate in his letter of transmittal the decided by the former in the exercise of its
exhibits or transcripts not included in the appellate jurisdiction. (Guzman vs. Guzman,
records being transmitted to the appellate 693 SCRA 318)
court, the reasons for their non-transmittal, and
the steps taken or that could be taken to have WHEN TO APPEAL:
them available. The clerk of court shall furnish - Appeal shall be made within 15 days from the
the parties with copies of his letter of notice of the decision sought to be reviewed or
transmittal of the records to the appellate court. of the denial of the petitioner’s motion for new
(Sec. 10, Rule 41) trial or reconsideration filed in due time after
judgment. The court may grant an additional
TRANSCRIPT: period of 15 days only provided the extension is
- Upon the perfection of the appeal, the clerk sought (a) upon proper motion, and (b) payment
shall immediately direct the stenographers of the full amount of the docket and other lawful
concerned to attach to the record of the case fees and the deposit for costs before the
five (5) copies of the transcripts of the expiration of the reglementary period. No
testimonial evidence referred to in the record on further extension shall be granted except for the
appeal.The stenographers concerned shall most compelling reason and in no case to
transcribe such testimonial evidence and shall exceed 15 days. (Sec. 1, Rule 42, Go vs. BPI
prepare and affix to their transcripts an index Finance, GR no. 199354, June 26, 2013)
containing the names of the witnesses and the
33
HOW TO APPEAL: - However, before the Court of Appeals gives

- The appeal is made by filing a verified petition due course to the petition, the Regional Trial
for review with the CA, paying at the same time Court may issue orders for the protection and
to the clerk of said court the corresponding preservation of the rights of the parties which
docket and other lawful fees, depositing the do not involve any matter litigated by the
amount of P500.00 for costs, and furnishing the appeal, approve compromises, permit appeals
RTC and the adverse party with a copy of the of indigent litigants, order execution pending
petition. (Sec. 1, Rule 42) appeal in accordance with section 2 of Rule 39,
- The appeal is perfected as to the petitioner and allow withdrawal of the appeal.
upon the timely filing of a petition for review and - (b) Except in civil cases decided under the Rule
thepayment of the corresponding docket and on Summary Procedure, the appeal shall stay
other lawful fees. (Sec. 8(a), Rule 42) the judgment or final order unless the Court of
- The petition shall be filed in the proper form Appeals, the law, or these Rules shall provide
required in Sec. 2, Rule 42 stating a concise otherwise. (Sec. 8, Rule 42)
statement of the metters involved, the issues
raised, the specification of errors of law or fact, SUBMISSION FOR DECISION:
or both, allegedly committed by the trial court - If the petition is given due course, the Court of
and the reasons or arguments relied upon for Appeals may set the case for oral argument or
the allowance of the appeal. The petitioner shall require the parties to submit memoranda within
also indicate the specific material dates a period of fifteen (15) days from notice. The
showing that the petition was filed on time (Sec. case shall be deemed submitted for decision
2, Rule 42). upon the filing of the last pleading or
- The failure to comply with any of the memorandum required by these Rules or by the
requirements in Sec. 2, Rule 42 regarding the court itself. (Sec. 9, Rule 42)
payment of the docket and other lawful fees,
the deposit for costs, proof of service of the Appeals and Review from judgments or final
petition, and the contents of and the
orders of CTA and other Quasi-Judicial
documents which should accompany the
Agencies (rule 43, ROC):
petition shall be sufficient ground for the
dismissal of the petition. (Sec. 3, Rule 42)\The
CA may dismiss the petition if it finds the same SCOPE OF RULE 43:
to be patently without merit, prosecuted merely - Rule 43 shall apply to appeals from judgments
for delay, or that the questions raised are too or final orders of the CTA and from awards,
unsubstantial to require consideration. (Sec. 4, judgments, final orders or resolutions of or
Rule 42) authorized by any quasi-judicial functions. (Sec.
- If the Court does not dismiss the petition, it 1, Rule 43)
may require the respondent to file a comment
on the petition within 10 days from notice. The QUASI-JUDICIAL AGENCIES WHERE RULE 43 APPLY:
respondent shall file a comment, not a motion a. Civil Service Commission;
to dismiss. (Sec. 4, Rule 42) b. Central Board of Assessment Appeals;
- If the CA finds a prima facie that the lower court c. Securities and Exchange Commission;
has committed an error of fact or law that will d. Office of the President;
warrant a reversal or modification of the e. Land Registration Authority;
appealed decision, it may, accordingly, give f. Social Security Commission;
due course to the petition. (Sec. 6, Rule 42) g. Civil Aeronautics Board;
- If the petition is given course, the CA may set h. Bureau of Patents;
the case for oral argument or require the parties i. Trademarks and Technology Transfer;
to submit memoranda within a period of 15 j. National Electrification Administration;
days from notice. The case shall be deemed k. Energy Regulatory Board;
submitted for decision upon the filing of the last l. National Telecommunications Commission;
pleading or memorandum required. (sec. 9, m. Department of Agrarian Reform under Republic
Rule 42) Act No. 6657;
n. Government Service Insurance System;
EFFECT OF PERFECTION OF APPEAL: o. Employees Compensation Commission;
- (a) Upon the timely filing of a petition for review p. Agricultural Invention Board;
and the payment of the corresponding docket q. Insurance Commission;
and other lawful fees, the appeal is deemed r. Philippine Atomic Energy Commission;
perfected as to the petitioner. s. Board of Investments;
- The Regional Trial Court loses jurisdiction over t. Construction Industry Arbitration Commission;
the case upon the perfection of the appeals and
filed in due time and the expiration of the time u. Voluntary arbitrators authorized by law. (Sec. 1,
to appeal of the other parties. Rule 43)
34
REVIEW OF THE RESOLUTION OF THE SECRETARY

WHEN RULE 43 DOES NOT APPLY: OF JUSTICE:
- Rule 43 does not apply to judgments or final - The CA is clothed with jurisdiction to review the
orders issued under the Labor Code of the resolution issued by the Secretary of the DOJ
Philippines. (Sec. 2, Rule 43) through a petition for certiorari under Rule 65,
ROC, solely on the ground of grave abuse of
REVIEW OF DECISIONS OF THE NLRC: discretion amounting to lack of jurisdiction.
- The remedy of a party aggrieved by the (Alcaraz vs. Gonzales, 533 Phil 796; Tan vs.
decision of the NLRC is to promptly move for Matsuura, GR no. 179003, January 9, 2013)
the reconsideration of the decision and, if
denied, to timely file a special civil action for WHERE TO APPEAL:
certiorari under Rule 65 within 60 days from - An appeal under this Rule may be taken to the
notice of decision. In observance of the Court of Appeals within the period and in the
doctrine of hierarchy of courts, the petition for manner herein provided, whether the appeal
certiorari should be filed with the CA. (St. Martin involves questions of fact, of law, or mixed
Funeral Homes vs. NLRC, GR no. 130866, questions of fact and law. (Sec. 3, Rule 43)
September 16, 1988)
PERIOD OF APPEAL:
REVIEW OF DECISIONS OF VOLUNTARY - The appeal shall be taken within fifteen (15)
ARBITRATORS IN LABOR CASES: days from notice of the award, judgment, final
- Decisions of voluntary arbitrators issued order or resolution, or from the date of its last
pursuant to the Labor Code do not come within publication, if publication is required by law for
the ambit of Sec. 2, Rule 43. A petition for its effectivity, or of the denial of petitioner's
review under Rule 43 is the proper remedy “just motion for new trial or reconsideration duly filed
like those of the quasi-judicial agencies, boards in accordance with the governing law of the
and commissions enumerated therein, and court or agency a quo. Only one (1) motion for
consistent with the original purpose to provide reconsideration shall be allowed. Upon proper
a uniform procedure for the appellate review of motion and the payment of the full amount of
adjudications of all quasi-judicial entities. (Royal the docket fee before the expiration of the
Plant Workers Union vs. Coca-Cola Bottlers reglementary period, the Court of Appeals may
Phil. - Cebu, GR no. 198783, April 15, 2013) grant an additional period of fifteen (15) days
only within which to file the petition for review.
APPEALS FROM THE SANDIGANBAYAN: No further extension shall be granted except for
- Decisions and final orders of the the most compelling reason and in no case to
Sandiganbayan shall be appealable to the SC exceed fifteen (15) days. (Sec. 4, Rule 43)
by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of HOW APPEAL TAKEN:
the ROC. Whenever, in any case decided by the - Appeal shall be taken by filing a verified petition
Sandiganbayan, the penalty of reclusion for review in seven (7) legible copies with the
perpetua, life imprisonment or death is Court of Appeals, with proof of service of a
imposed, the decision shall be appealable to copy thereof on the adverse party and on the
the Supreme Court in the manner prescribed in court or agency a quo. The original copy of the
the ROC. (Sec. 7, RA 8249) petition intended for the Court of Appeals shall
be indicated as such by the petitioner. Upon
REVIEW OF THE RULINGS OF THE OMBUDSMAN: the filing of the petition, the petitioner shall pay
a. In Administrative Cases: Appeals from to the clerk of court of the Court of Appeals the
decisions of the Ombudsman in administrative docketing and other lawful fees and deposit the
disciplinary actions should be brought to the sum of P500.00 for costs. Exemption from
CA under Rule 43. (Enemecio vs. Office of the payment of docketing and other lawful fees and
Ombudsman, 419 SCRA 82) the deposit for costs may be granted by the
b. In Criminal Cases: The ruling of the Court of Appeals upon a verified motion setting
Ombudsman shall be elevated to the SC by forth valid grounds therefor. If the Court of
way of Rule 65. Appeals denies the motion, the petitioner shall
pay the docketing and other lawful fees and
APPEALS FROM JUDGMENT OF THE COURT OF TAX deposit for costs within fifteen (15) days from
APPEAL: notice of the denial. (Sec. 5, Rule 43)
- A party adversely affected by a resolution of a
Division of the CTA on a motion for CONTENTS OF THE PETITION: The petition for review
reconsideration or new trial may file a petition shall:
for review with the CTA En Banc (Sec. 11, RA a. State the full names of the parties to the case,
9282) without impleading the court or agencies either
as petitioners or respondents;
35
b. Contain a concise statement of the facts and case shall be deemed submitted for decision
issues involved and the grounds relied upon for upon the filing of the last pleading or
the review; memorandum required by these Rules or by the
c. Be accompanied by a clearly legible duplicate court of Appeals. (Sec. 13, Rule 43)
original or a certified true copy of the award,
judgment, final order or resolution appealed
from, together with certified true copies of such
Q: What is the nature of the petition for relief
material portions of the record referred to
from judgments, orders or other proceedings?
therein and other supporting papers; and
d. Contain a sworn certification against forum A: It is a legal remedy whereby a party seeks to set
shopping as provided in the last paragraph of aside a judgment rendered against him by a court
section 2, Rule 42. whenever he was unjustly deprived of a hearing or
e. The petition shall state the specific material was prevented from taking an appeal because of
dates showing that it was filed within the period fraud, accident, mistake or excusable neglect.
fixed herein. (Sec. 6, Rule 43) (Quelnan vs. VHF Philippines, 470 SCRA 73)
EFFECT OF FAILURE TO COMPLY WITH

Q: What are the grounds for a petition for relief?
REQUIREMENTS:
- The failure of the petitioner to comply with any
A:
of the foregoing requirements regarding the 1. When a judgment or final order is entered,
payment of the docket and other lawful fees, or any other proceeding is thereafter taken
the deposit for costs, proof of service of the against the petitioner in any court through
petition, and the contents of and the fraud, accident, mistake, or excusable
documents which should accompany the negligence (Sec. 1, Rule 38); or
petition shall be sufficient ground for the
2. When the petitioner has been prevented
dismissal thereof. (Sec. 7, Rule 43)
from taking an appeal by fraud, accident,
mistake, or excusable negligence. (Sec. 2,
ACTION ON THE PETITION:
- The Court of Appeals may require the Rule 38
respondent to file a comment on the petition
not a motion to dismiss, within ten (10) days Q:When is the Period to file the petition?
from notice, or dismiss the petition if it finds the A: The petition shall be filed within 60 days after the
same to be patently without merit, prosecuted petitioner learns of the judgment, final order or
manifestly for delay, or that the questions
proceeding and not more than 6 months after such
raised therein are too unsubstantial to require
judgment or final order was entered, or such
consideration. (Sec. 8, Rule 43)
proceeding was taken (Sec. 3, Rule 38)
TRANSMITTAL OF RECORD:
- Within fifteen (15) days from notice that the Q: What are the grounds for annulment of
petition has been given due course, the Court judgments or final orders and resolution?
of Appeals may require the court or agency A:
concerned to transmit the original or a legible 1. Extrinsic Fraud; and
certified true copy of the entire record of the
2. Lack of Jurisdiction (Sec. 2, Rule 47)
proceeding under review. The record to be
3. Denial of due process (Diona vs.
transmitted may be abridged by agreement of
all parties to the proceeding. The Court of Balangue, 688 SCRA 22)
Appeals may require or permit subsequent
correction of or addition to the record. (Sec. 11, Q: What is the period for filing the annulment?
Rule 43) A: If based on extrinsic fraud, the action must be
filed within 4 years from its discovery. If based on
EFFECT OF APPEAL: lack of jurisdiction, the action must be brought
- The appeal shall not stay the award, judgment,
before the action is barred by laches or estoppel.
final order or resolution sought to be reviewed
(Sec. 3, Rule 47)
unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just.
(Sec.12, Rule 43) Q: What is the effect of judgment of annulment?
A: A judgment of annulment shall set aside the
SUBMISSION FOR DECISION: questioned judgment or final order or resolution
- If the petition is given due course, the Court of and render the same null and void, without
Appeals may set the case for oral argument or prejudice to the original action being refiled in the
require the parties to submit memoranda within
proper court. However, where the judgment or final
a period of fifteen (15) days from notice. The
36
order or resolution is set aside on the ground of appeal. (Sec. 4, Rule 39) and (b) Those judgments
extrinsic fraud, the court may on motion order the that have become the object of discretionary
trial court to try the case as if a timely motion for execution. (Sec. 2, Rule 39)
new trial had been granted therein. (Sec. 7, Rule
47). The prescriptive period for the refiling of the Q: What is the rule regarding the execution in
aforesaid original action shall be deemed case the judgment obligee (creditor) dies?
suspended from the filing of such original action A: The death of the judgment obligee will not
until the finality of the judgment of annulment. prevent the execution of the judgment. In case the
However, the prescriptive period shall not be judgment obligee dies, the execution may issue
suspended where the extrinsic-fraud is attributable upon the application of his executor, administrator
to the plaintiff in the original action. (Sec. 8, Rule or successor in interest. (Sec. 7(a), Rule 39)
47). The judgment of annulment may include the
award of damages, attorney's fees and other relief. Q: What is the rule on execution in case the
(Sec. 9, Rule 47) judgment obligor (debtor) dies?
A: It will not prevent execution of the judgment. In
R. Execution, Satisfaction, and Effect of case the judgment obligor dies, execution shall still
Judgments: go on because under the ROC, execution shall
issue against his executor or administrator or
Q: When shall execution (as a matter right) be successor in interest, if the judgment be for the
issued? recovery of real or personal property, or the
A: Execution is a matter of right upon the expiration enforcement of a lien thereon. (Sec. 7(b), Rule 39).
of the period to appeal and no appeal was If the death occurs after the execution is actually
perfected from a judgment or order that disposes levied upon any of his property, the same may be
of the action or proceeding. (Sec. 1, Rule 39). Once sold for the satisfaction of the judgment obligation.
judgment becomes final and executory, the If there is any surplus after the sale, the officer
prevailing party can have it executed as a matter of making the sale shall account to the corresponding
right, and the issuance of a writ of execution executor or administrator. (Sec. 7(c), Rule 39)
becomes the ministerial duty of the court. (Buaya
vs. Stronghold Insurance, 342 SCRA 576) Q: How to execute judgment for money?
A:
Q: When shall execution (discretionary) be 1. Demand from the judgment obligor the
issued? immediate payment of the full amount
A: Discretionary execution constitutes an exception stated in the judgment including the lawful
to the general rule that a judgment cannot be fees in cash, certified check payable to
executed before the lapse of the period for appeal the judgment obligee or any other form of
or during the pendency of an appeal. Under Sec.1, payment acceptable to him. (Sec. 9(a),
Rule 39, execution shall issue only as a matter of Rule 39);
right upon a judgment or final order that finally 2. If the judgment obligor cannot pay all or
disposes of the action or proceeding upon the part of the obligation in cash, certified
expiration of the period to appeal therefrom if no check or other mode of payment, the
appeal has been duly perfected. Good reasons officer shall levy upon the properties of the
must exists and the compelling grounds for the judgment obligor. The judgment obligor
issuance of the writ must be stated in a special shall have the option to choose which
order after due hearing. (Bangkok Bank Public property or part thereof may be levied
Company vs. Lee, 479 SCRA 267) upon. If the judgment obligor does not
exercise the option, the officer shall first
Q: What is the rule regarding stay of execution levy on the personal properties, if any, and
of a judgment? then on the real properties if the personal
A: General Rule: An appeal perfected in due tie properties are insufficient to answer for
stays the execution of a judgment. Exceptions: the personal judgment but the sheriff shall
There are judgments that the execution of which is set only so much of the property that is
not stayed by a pending appeal, classified under sufficient to satisfy the judgment and
the following categories; (a) Those judgments lawful fees. (Sec. 9(b), Rule 39)
which by express provision of the rules are 3. The officer may levy on the debts due the
immediately executory and are not stayed by an judgment debtor including bank deposits,
37
financial interests, royalties, commissions secure the fulfillment of the principal obligation.
and other personal property not capable Indeed, even if the debtor defaults, this fact does
of manual delivery in the possession or not operate to vest in the creditor the ownership of
control of third parties. The process of the property; the creditor must still resort to
effecting this form of levy is called foreclosure proceedings. Thus, a mortgaged
“garnishment” property may still be levied upon by the sheriff to
satisfy the judgment debtor’s obligations” (Golden
Q: What is the rule regarding enforcement of Sun Finance Corp. vs. Albano, AM No. P-11-2888,
money judgments? July 27, 2011)
A: The sheriff cannot and should not be the one to
determine which property to levy of the judgment Q: What is the effect of levy and sale of
obligor cannot immediately pay because it is the property?
judgment obligor who is given the option to choose A: Execution is enforced by the fact of levy and
which property or part thereof may be levied upon sale. The result of such execution was that title
to satisfy the judgment. In case where the over the subject property is vested immediately in
judgment obligor is not the owner of the subject the purchaser subject only to the right to redeem
vehicle that the sheriff levied on, it was improper the property within the period provided for by law.
for him to have enforced the writ of execution on a The right acquired by the purchaser at an
property that did not belong to the judgment execution sale is inchoate and does not become
debtor/obligor. Respondent Sheriff evidently failed absolute until after the expiration of the redemption
to perform his duty with utmost diligence. period without the right of redemption having been
(Sarmiento vs. Mendiola, 638 SCRA 345) exercised. But inchoate though it be, it is entitled to
protection and must be respected until
Q: What is the rule regarding garnishment of extinguished by redemption. If there is failure to
debts and credits? redeem the subject property within the period
A: Garnishment shall be made by (a) serving notice allowed by law, the redemptioner is divested of his
upon the third person having in possession or rights over the property. (Ching vs. Family Savings
control of the credits in favor of the judgment banks, 634 SCRA 585)
obligor/debtor; (b) the third person or garnishee
shall make a written report to the court within 5 Q: What is the rule regarding execution of
days from service of the notice of garnishment judgment for the performance of a specific act?
stating whether or not the judgment obligor has A: If the judgment requires a person to perform a
sufficient funds to satisfy the judgment. If sufficient, specific act, said act must be performed but if the
the garnishee shall deliver the amount in cash or party fails to comply within the specified time, the
certified check directly to the judgment court may direct the act to be done by someone at
obligee/creditor within 10 working days from the cost of the disobedient party and the act when
service of notice on said garnishee. The lawful fees so done shall have the effect as if done by the
shall be directly paid to the court. If the amount is party. If the judgment directs a conveyance of real
insufficient, the garnishee shall make a report as to or personal property, and said property is in the
the amount he holds for the judgment Philippines, the court in lieu of directing the
obligor/debtor. (Sec. 9, Rule 39) conveyance thereof, may by an order divest the
title of any party and vest it in others, which shall
Q: What is the rule regarding levy of have the force and effect of a conveyance
encumbered property? executed in due form of law. (Sec. 10(a), Rule 39)
A: In determining properties to be levied upon, the
ROC requires the sheriff to levy only on those Q: What is the rule on execution for a judgment
“properties of the judgment debtor” which are “not for the delivery or restitution of real property?
otherwise exempt from judgment debtor”. For A: An example of this kind of judgment is one
purposes of the levy, a property is deemed to rendered in an action for ejectment. In such a case,
belong to the judgment debtor if he holds a the officer shall demand from the judgment
beneficial interest in such property that he can sell obligor/debtor to vacate peaceably within 3
or otherwise dispose of for value. In a contract of working days, and restore possession of the
mortgage, the debtor retains beneficial interest property to the judgment obligee/creditor. (Sec.
over the property notwithstanding the 10(c), Rule 39). When a decision is immediately
encumbrance, since the mortgage only serves to executory it does not mean dispensing with the
38
required 3-day notice. A sheriff who enforces the 12. The right to receive legal support, or
writ without the required notice is running afoul money or property obtained as such
with the rules. The requirement of a notice to support, or any pension or gratuity from
vacate is based on the rudiments of justice and fair the Government;
play. The rule requires that notice be served on the 13. Properties specially exempted by law.
“person against whom the judgment for the (Sec. 13, Rule 39)
delivery or restitution of real property is rendered
and all persons claiming rights under him”.
IV. Provisional Remedies
(Calaunan vs. Madolori, 642 SCRA 1)
Q: What are properties that are exempted from Q: What is the nature of provisional remedies?
execution? A: Provisional remedies are temporary, auxiliary,
A: and ancillary remedies available to a litigant for
1. The judgment obligor/debtor’s family various purposes like the protection and
home as provided by law, or the preservation of his rights while the main action is
homestead in which he resides, and the pending or until final disposition of a matter in
;and necessarily used in connection litigation can occur. (Riano (2012), Civil Procedure
therewith; Vol. 2, p. 3). They are not causes of action in
2. Ordinary tools and implements personally themselves but merely adjuncts to a main suit.
used by him in his trade, employment, or They are provisional because they constitute
livelihood; temporary measures availed of during the
3. Three horses, or three carabaos, or other pendency of the action and ancillary because they
beasts of burden, such as the judgment are mere incidents in and are dependent upon the
obligor/debtor may select necessarily results of the main ation. (Estares vs. CA, 459
used by him in his ordinary occupation; SCRA 604; Buyco vs. Baraquia, 608 SCRA 699).
4. His necessary clothing and articles for
ordinary personally use, excluding jewelry; Q: What are the purposes of provisional
5. Household furniture and utensils remedies?
necessary for housekeeping, and used for A:
that purpose by the judgment obligor and 1. To preserve or protect their rights or
his family, such as the judgment obligor interests while the main action is pending;
may select, of a value not exceeding one 2. To secure the judgment;
hundred thousand pesos; 3. To preserve the status quo; or
6. Provisions for individual or family use 4. To preserve the subject matter of the
sufficient for four months; action. (Riano (2012), Civil Procedure Vol.
7. The professional libraries and equipment 2, p. 3)
of judges, lawyers, physicians,
pharmacists, dentists, engineers, Q: What is the Jurisdiction over provisional
surveyors, clergymen, teachers, and other remedies?
professionals, not exceeding three A: The court which grants or issues a provisional
hundred thousand pesos in value; remedy is the court which has jurisdiction over the
8. One fishing boat and accessories not main action. The ancillary and provisional remedy
exceeding the total value of one hundred of preliminary injunction cannot exist except only
thousand pesos owned by a fisherman as an incident of an independent action or
and by the lawful use of which he earns proceeding. (BF Homes vs. Manila Electric
his livelihood; Company, 636 SCRA 495). The authority to grant a
9. So much of the salaries, wages, or provisional remedy is not the sole prerogative of
earnings of the judgment obligor for his superior courts. Even inferior courts may grant a
personal services within the four months provisional remedy in an action pending with it and
preceding the levy as are necessary for within its jurisdiction. (Batas Pambansa Blg. 129)
the support of his family;
10. Lettered gravestones; A. Preliminary Attachment:
11. Monies, benefits, privileges, or annuities
accruing or in any manner growing out of Q: What are the grounds for the issuance of a
any life insurance; writ of preliminary attachment?
39
A: These must be duly filed with the court before the

1. In an action for the recovery of a specified order of attachment is issued. The required affidavit
amount of money or damages, other than need not be executed by the applicant. It may be
moral and exemplary, on a cause of action executed by some other person who personally
arising from law, contract, quasi-contract, knows the facts. (Sec. 3, Rule 57). Aside from the
delict or quasi-delict against a party who affidavit executed, the party applying for an order
is about to depart from the Philippines of preliminary attachment must post a bond in the
with intent to defraud his creditors; amount fixed by the court and executed to the
2. In an action for money or property adverse party. (This is called an attachment bond).
embezzled or fraudulently misapplied or [Secs. 3 & 4, Rule 57]
converted to his own use by a public
officer, or an officer of a corporation, or an Q: What is the rule on prior or contemporaneous
attorney, factor, broker, agent, or clerk, in service of summons?
the course of his employment as such, or A: The writ of attachment is implemented by the
by any other person in a fiduciary sheriff who shall make a levy on attachment
capacity, or for a willful violation of duty; pursuant to the writ issued under Sec. 2, Rule 57.
3. In an action to recover the possession of However, under the ROC, the sheriff is not allowed
property unjustly or fraudulently taken, to make a levy on attachment if such levy is not
detained or converted, when the property, preceded or contemporaneously accompanied, by
or any part thereof, has been concealed, the service on the defendant within the Philippines,
removed, or disposed of to prevent its of the following: (a) Service of Summons; (b) Copy
being found or taken by the applicant or of the complaint; (c) Application for attachment; (d)
an authorized person; Applicant’s affidavit and bond; and (d) Order and
4. In an action against a party who has been writ of attachment. (Sec. 5, Rule 57)
guilty of a fraud in contracting the debt or
incurring the obligation upon which the Q: What are instances when the requirement of
action is brought, or in the performance prior or contemporaneous service shall not
thereof; apply?
5. In an action against a party who has A:
removed or disposed of his property, or is 1. When the summons could not be served
about to do so, with intent to defraud his personally despite diligent efforts;
creditors; or 2. When the summons could not be served
6. In an action against a party who does not by substituted service despite diligent
reside and is not found in the Philippines, efforts;
or on whom summons may be served by 3. When the defendant is a resident of the
publication. (sec.1, Rule 57, ROC). Philippines temporarily absent therefrom;
4. When the defendant is a non-resident of
Q: What is the rule on the issuance of the order the Philippines; and
of attachment, affidavit and bond? 5. When the action is one in Rem or Quasi In
A: The order of preliminary attachment may be granted Rem. (Sec. 5, Rule 57
upon motion and notice and hearing by the court in which
the action is pending, and may even be issued by the CA, Q: What is the manner of attaching real and
or the SC. (Sec. 2, Rule 57). It may also be issued ex part personal property?
and even before summons is served upon the defendant.
A:
However the writ may not be enforced and validly
1. Real property, or growing crops thereon,
implemented unless preceded or simultaneously
accompanied by service of summons, copy of the or any interest therein, standing upon the
complaint, application for attachment, order of record of the registry of deeds of the
attachment and the attachment bond. (Davao Light & province in the name of the party against
power vs. CA, 204 SCRA 343; Mangila vs. CA, 387 SCRA whom attachment is issued, or not
162) appearing at all upon such records, or
belonging to the party against whom
Q: What are the requisites for the issuance of an attachment is issued and held by any
order of preliminary attachment? other person, or standing on the records
A: An order of attachment shall be granted only of the registry of deeds in the name of any
upon the filing of the requisite affidavit and bond. other person, by filing with the registry of
40
deeds a copy of the order, together with a under his control, belonging to said party,
description of the property attached, and are attached in pursuance of such writ;
a notice that it is attached, or that such 5. The interest of the party against whom
real property and any interest therein held attachment is issued in property belonging
by or standing in the name of such other to the estate of the decedent, whether as
person are attached, and by leaving a heir, legatee, or devisee, by serving the
copy of such order, description, and executor or administrator or other
notice with the occupant of the property, if personal representative of the decedent
any, or with such other person or his with a copy of the writ and notice that said
agent if found within the province. Where interest is attached. A copy of said writ of
the property has been brought under the attachment and of said notice shall also
operation of either the Land Registration be filed in the office of the clerk of the
Act or the Property Registration Decree, court in which said estate is being settled
the notice shall contain a reference to the and served upon the heir, legatee or
number of the certificate of title, the devisee concerned. (Sec. 7, Rule 57, ROC)
volume and page in the registration book
where the certificate is registered, and the Q: What is the rule on discharge of attachment
registered owner or owners thereof. and the counter-bond?
A: The party whose property has been ordered
The registrar of deeds must index attached may file a motion with the court in which
attachments filed under this section in the he action is pending, before or after levy or even
names of the applicant, the adverse party, after the release of the attached property, for an
or the person by whom the property is order to set aside or discharge the attachment on
held or in whose name it stands in the the ground that the same was improperly or
records. If the attachment is not claimed irregularly issued or enforced, or that the bond is
on the entire area of the land covered by insufficient. If the attachment is excessive, the
the certificate of title, a description discharge shall be limited to the excess. If the
sufficiently accurate for the identification motion be made on affidavits on the part of the
of the land or interest to be affected shall movant but not otherwise, the attaching party may
be included in the registration of such oppose the motion by counter-affidavits or other
attachment; evidence in addition to that on which the
2. Personal property capable of manual attachment was made. After due notice and
delivery, by taking and safely keeping it in hearing, the court shall order the setting aside or
his custody, after issuing the the corresponding discharge of the attachment if it
corresponding receipt therefor. appears that it was improperly or irregularly issued
3. Stocks or shares, or an interest in stocks or enforced, or that the bond is insufficient, or that
or shares, of any corporation or company, the attachment is excessive, and the defect is not
by leaving with the president or managing cured forthwith. (Sec. 13, Rule 57, ROC)
agent thereof, a copy of the writ, and a
notice stating that the stock or interest of Q: What are the manners of satisfying the
the party against whom the attachment is judgment out of the property attached?
issued is attached in pursuance of such A:
writ; 1. By paying to the judgment obligee the
4. Debts and credits, including bank proceeds of all sales of perishable or other
deposits, financial interest, royalties, property sold in pursuance of the order of
commissions and other personal property the court, or so much as shall be
not capable of manual delivery, by leaving necessary to satisfy the judgment;
with the person owing such debts, or 2. If any balance remains due, by selling so
having in his possession or under his much of the property, real or personal, as
control, such credits or other personal may be necessary to satisfy the balance, if
property, or with his agent, a copy of the enough for that purpose remain in the
writ, and notice that the debts owing by sheriff's hands, or in those the clerk of the
him to the party against whom attachment court;
is issued, and the credits and other 3. By collecting from all persons having in
personal property in his possession, or their possession credits belonging to the
41
judgment obligor, or owing debts to the

PRELIMINARY PRELIMINARY
latter at the time of the attachment of such PROHIBITORY MANDATORY
credits or debts, the amount of such INJUNCTION INJUNCTION
credits and debts as determined by the
court in the action, and stated in the
When it requires one to When it requires the
judgment, and paying the proceeds of
refrain from a particular performance of a
such collection over to the judgment act or acts particular act or acts
obligee/creditor. (Sec. 15, Rule 57) because it commands the
performance of some
positive act to correct a
B. Preliminary Injunction: wrong in the past
Q: What is the definition of a preliminary

injunction? The act has not yet been The act has already been
A: It is an order granted at any stage of an action or performed because it is performed and this act
restrained or prevented by has violated the rights of
proceeding prior to the judgment or final order,
the injunction another.
requiring a party of a court, agency or a person to
refrain from a particular act or acts. It may also
require the performance of a particular act or acts, Purpose: To prevent a Purpose: To restore the
in which case it shall be known as a preliminary future or threatened injury Status Quo and then
mandatory injunction. (Sec. 1, Rule 58) preserve it.
Q: Distinguish: Preliminary Mandatory Injunction The Status Quo is The Status Quo is
and Petition for mandamus. preserved; restored;
The consummated acts
A:
cannot be enjoined
PRELIMINARY PETITION FOR
MANDATORY MANDAMUS
INJUNCTION Source: Sec. 1, Rule 58; City Government of Butuan vs.
Consolidated broadcasting System, 636 SCRA 320)
Provisional Remedy, Not Special Civil Action and a Q: What are the grounds for the issuance of
Main or Independent Main Action
Action
preliminary injunction?
A:
1. That the applicant is entitled to the relief
Generally directed against Directed against a
a party litigant, it may also tribunal, board, officer or
demanded, and the whole or part of such
be issued against a court, person. relief consists in restraining the
agency or person commission or continuance of the act or
acts complained of, or in requiring the
performance of an act or acts either for a
Issued to require a party to Seeks a judgment limited period or perpetually;
perform an act in order to commanding a tribunal,
restore the last peaceable corporation, board,
2. That the commission, continuance or non-
and uncontested status officer or person to performance of the act or acts complained
preceding the controversy perform a duty which the of during the litigation would probably
law specifically enjoins as
work injustice to the applicant; or
a duty or a person was
unlawfully excluded from 3. That a party, court, agency or a person is
the use and enjoyment of doing, threatening, or is attempting to do,
an office to which such or is procuring or suffering to be done
person is entitled
some act or acts probably in violation of
the rights of the applicant respecting the
subject of the action or proceeding, and
Source: Sec. 1, Rule 58; Sec. 3, Rule 65)
tending to render the judgment ineffectual.
(Sec. 3, Rule 58, ROC)
Q: What are the kinds of preliminary injunction?
A:
Q: What are the requisites for issuance of a writ
of preliminary injunction or a temporary
restraining order?
42
A: denied, or, if granted, may be dissolved, on other

1. The application in the action or grounds upon affidavits of the party or person
proceeding is verified, and shows facts enjoined, which may be opposed by the applicant
entitling the applicant to the relief also by affidavits. It may further be denied, or if
demanded; and granted, may be dissolved, if it appears after
2. Unless exempted by the court the hearing that although the applicant is entitled to the
applicant files with the court where the injunction or restraining order, the issuance or
action or proceeding is pending, a bond continuance thereof, as the case may be, would
executed to the party or person enjoined, cause irreparable damage to the party or person
in an amount to be fixed by the court, to enjoined while the applicant can be fully
the effect that the applicant will pay to compensated for such damages as he may suffer,
such party or person all damages which and the former files a bond in an amount fixed by
he may sustain by reason of the injunction the court conditioned that he will pay all damages
or temporary restraining order if the court which the applicant may suffer by the denial or the
should finally decide that the applicant dissolution of the injunction or restraining order. If it
was not entitled thereto. Upon approval of appears that the extent of the preliminary injunction
the requisite bond, a writ of preliminary or restraining order granted is too great, it may be
injunction shall be issued. modified. (Sec. 6, Rule 58)
3. When an application for a writ of
preliminary injunction or a temporary C. Receivership:
restraining order is included in a complaint
or any initiatory pleading, the case, if filed Q: What is the meaning of a receiver?
in a multiple-sala court, shall be raffled A: It refers to a person appointed by the court in
only after notice to and in the presence of behalf of all the parties to the action for the
the adverse party or the person to be purpose of preserving and conserving the property
enjoined. In any event, such notice shall in litigation and prevent its possible destruction or
be preceded, or contemporaneously dissipation, if it were left in the possession of any of
accompanied, by service of summons, the parties. (Commodities Storage & Ice Plant vs.
together with a copy of the complaint or CA, 274 SCRA 439)
initiatory pleading and the applicant's
affidavit and bond, upon the adverse party Q: What are the cases when a receiver may be
in the Philippines. However, where the appointed?
summons could not be served personally A:
or by substituted service despite diligent 1. When it appears from the verified
efforts, or the adverse party is a resident application, and such other proof as the
of the Philippines temporarily absent court may require, that the party applying
therefrom or is a nonresident thereof, the for the appointment of a receiver has an
requirement of prior or contemporaneous interest in the property or fund which is
service of summons shall not apply. the subject of the action or proceeding,
4. The application for a temporary restraining and that such property or fund is in
order shall thereafter be acted upon only danger of being lost, removed, or
after all parties are heard in a summary materially injured unless a receiver be
hearing which shall be conducted within appointed to administer and preserve it
twenty-four (24) hours after the sheriff's (Sec. 1(a), Rule 59);
return of service and/or the records are 2. When it appears in an action by the
received by the branch selected by raffle mortgagee for the foreclosure of a
and to which the records shall be mortgage that the property is in danger of
transmitted immediately. (Sec. 4, Rule 58) being wasted or dissipated or materially
injured, and that its value is probably
Q: What are the grounds for objection to, or insufficient to discharge the mortgage
motion of dissolution of, injunction or debt, or that the parties have so stipulated
restraining order? in the contract of mortgage (Sec. 1(b),
A: The application for injunction or restraining order Rule 59);
may be denied, upon a showing of its insufficiency. 3. After judgment, to preserve the property
The injunction or restraining order may also be during the pendency of an appeal, or to
43
dispose of it according to the judgment, or 6. To make transfer;

to aid execution when the execution has 7. To pay outstanding debts;
been returned unsatisfied or the judgment 8. To divide the money and property that
obligor refuses to apply his property in shall remain among the persons legally
satisfaction of the judgment, or otherwise entitled to receive the same; and
to carry the judgment into effect (Sec. 1(c), 9. Generally, to do such acts respecting the
Rule 59); property as the court may authorize. (Sec.
4. Whenever in other cases it appears that 6, Rule 59)
the appointment of a receiver is the most
convenient and feasible means of Q: What are the kinds of Bonds?
preserving, administering, or disposing of A:
the property in litigation (Sec. 1(d), Rule 1. The bond required before the appointment
59). of a receiver (Sec. 2, Rule 59); and
2. The bond required of a receiver before
Q: What are the requisites for the appointment entering upon his duties (Sec. 4, Rule 59).
of a receiver?
A: Q: What is the rule on termination of
1. A verified application must be filed by the receivership?
party applying for the appointment of a A: Whenever the court, motu proprio or on motion
receiver; of either party, shall determine that the necessity
2. The applicant must have an interest in the for a receiver no longer exists, it shall, after due
property or funds subject of the action; notice to all interested parties and hearing, settle
That he must show that the property or the accounts of the receiver, direct the delivery of
fund is in danger of being lost, the funds and other property in his possession to
removed,materially altered, wasted or the person adjudged to be entitled to receive them
dissipated or there is a need to preserve and order the discharge of the receiver from further
or administer the property, or that all the duty as such. The court shall allow the receiver
grounds justifying the appointment of a such reasonable compensation as the
receiver exist (Sec. 1, Rule 59); circumstances of the case warrant, to be taxed as
3. The application must be with notice and costs against the defeated party, or apportioned,
set for hearing. A hearing is necessary as justice requires. (Sec. 9, Rule 59)
because the grounds for a receivership
require the resolution of factual issues; D. Replevin:
4. Before issuing the appointment of a
receiver, the court shall require the Q: What is the nature of a Replevin?
applicant to post a bond executed to the A: Replevin is a possessory action, the gist of
party against whom the application is which is the right of possession in the plaintiff. The
presented. (Sec. 2, Rule 59); and primary relief sought therein is the return of the
5. Before entering upon his duties, the property in specie wrongfully detained by another
receiver must be sworn to perform his person. It is an ordinary statutory proceeding to
duties faithfully and shall file a bond. (Sec. adjudicate rights to the title or possession of
4, Rule 59). personal property. (Basaya vs. Militante, 156 SCRA
299)
Q: What are the general powers of a receiver?
A: Q: When does a writ of replevin be applied for?
1. To bring and defend actions in his own A: The writ may be applied for at the
name in his capacity as receiver; commencement of the action, or any time before
2. To take and keep possession of the the answer. (Sec. 1, Rule 60)
property subject of the controversy;
3. To receive rents; Q: What are the duties of the sheriff in the
4. To collect debts due to himself as receiver implementation of the writ of replevin?
or to the fund, property, estate, person, or A:
corporation of which he is the receiver; 1. Upon receiving such order, the sheriff
5. To compound for and compromise the must serve a copy thereof on the adverse
same; party, together with a copy of the
44
application, affidavit and bond, and must 1. He should post a redelivery bond in an
forthwith take the property, if it be in the amount double the value of the property;
possession of the adverse party, or his 2. The bond is executed to the applicant;
agent, and retain it in his custody. 3. He should serve a copy of the bond to the
2. If the property or any part thereof be applicant;
concealed in a building or enclosure, the 4. He must perform the above acts before
sheriff must demand its delivery, and if it the delivery of the property to the
be not delivered, he must cause the applicant. This means within 5 days from
building or enclosure to be broken open the taking of the property by the sheriff;
and take the property into his possession. 5. The bond is sufficient. (Secs. 5 & 6, Rule
3. After the sheriff has taken possession of 60)
the property as herein provided, he must
keep it in a secure place and shall be
V. Special Civil Actions
responsible for its delivery to the party
entitled thereto upon receiving his fees
and necessary expenses for taking and Q: What is the nature of a Special Civil Action?
keeping the same. (Sec. 4, Rule 60) A: Both ordinary and special civil actions are
4. If within five (5) days after the taking of the governed by the rules for ordinary civil actions,
property by the sheriff, the adverse party subject to the specific rules prescribed for a
does not object to the sufficiency of the specific civil action. (Sec. 3(a), Rule 1). Although
bond, or of the surety or sureties thereon; both types of actions are governed by the rules for
or if the adverse party so objects and the ordinary civil actions, there are certain rules that
court affirms its approval of the are applicable only to specific civil actions. The
applicant's bond or approves a new bond, fact that an action is subject to certain special
or if the adverse party requires the return rules, other than those applicable to ordinary civil
of the property but his bond is objected to actions, is what makes a civil action special.
and found insufficient and he does not
forthwith file an approved bond, the Q: Distinguish ordinary and special civil action.
property shall be delivered to the A: The Code of Civil Procedure, 1901, has divided
applicant. If for any reason the property is into two parts — Part I relating to civil actions and
not delivered to the applicant, the sheriff Part II to special proceedings. The difference
must return it to the adverse party. (Sec. between the procedure in civil actions and in
6, Rule 60) special proceedings relates, principally, to the
powers of the judge or court. Under this
Q: What is a Redelivery Bond? classification various proceedings have been
A: If the adverse party objects to the sufficiency of denominated as special proceedings, such as the
the applicant's bond, or of the surety or sureties appointment of guardians, trusts and trustees, wills
thereon, he cannot immediately require the return and allowances thereof, the settlement of estates
of the property, but if he does not so object, he of deceased persons, etc., and among them
may, at any time before the delivery of the property proceedings in habeas corpus. All civil actions are
to the applicant, require the return thereof, by filing brought to this court by bill of exceptions, while
with the court where the action is pending a bond special proceedings are brought here by the
executed to the applicant, in double the value of procedure denominated "appeals in special
the property as stated in the applicant's affidavit for proceedings. (Domingo vs. Warden of Bilibid
the delivery thereof to the applicant, if such delivery Prison, GR no. L-891, December 11, 1902)
be adjudged, and for the payment of such sum, to
him as may be recovered against the adverse Q: What is the rule regarding the jurisdiction
party, and by serving a copy of such bond on the and venue of special civil actions?
applicant. (Sec. 5, Rule 60) A: The subject matter of a petition for declaratory
relief raises issues which are not capable of
Q: What are the requirements for the adverse pecuniary estimation and must be filed with the
party to effect the return of his property under Regional Trial Court (Sec. 19[1], BP 129; Sec. 1,
the custody of the sheriff? Rule 63). It would be error to file the petition with
A: the Supreme Court which has no original
jurisdiction to entertain a petition for declaratory
45
relief (Untied Residents of Dominican Hill vs. Note that AM No. 19-10-20-SC (2019 Amended
Commission on the Settlement of Land Problems, Rules of Civil Procedure) removed Rule 16.
353 SCRA 782; Ortega vs. Quezon City
Government, 469 SCRA 388). B. Declaratory Reliefs and Similar Remedies:
A. Interpleader: Q: Who may file action?

A:
Q: What are the requisites for an interpleader? 1. Any person interested under a deed, will,
A: contract or other written instrument or
1. There must be two or more claimants with whose rights are affected by a statute,
adverse or conflicting interests upon a executive order or regulation, ordinance or
subject matter; other governmental regulation may before
2. The conflicting claims involve the same breach or violation thereof, bring an action
subject matter; in the RTC to determine any question of
3. The conflicting claims are made against construction or validity arising and for a
the same person (Plaintiffs); declaration of his rights or duties,
4. The plaintiff has no claim upon the subject thereunder (Sec. 1, Rule 63, ROC).
matter of the adverse claims or if he has 2. Those who may sue under the contract
an interest at all, such interest is not should be those with interest under the
disputed by the claimant. (Sec. 1, Rule 62) contract like the parties, the assignees
and the heirs as required by substantive
Q: When to file an interpleader? law (Art. 1311, Civil Code).
A: The action of interpleader is a remedy whereby a 3. If it is a statute, executive order, regulation
person who has property whether personal or real, or ordinance, the petitioner is one whose
in his possession, or an obligation to render wholly rights are affected by the same (Sec. 1,
or partially, without claiming any right in both, or Rule 63). The other parties are all persons
claims an interest which in whole or in part is not who have or claim any interest which
disputed by the conflicting claimants, comes to would be affected by the declaration. The
court and asks that the persons who claim the said rights of person not made parties to the
property or who consider themselves entitled to action do not stand to be prejudiced by
demand compliance with the obligation, be the declaration (Sec. 2, Rule 63, ROC).
required to litigate among themselves, in order to
determine finally who is entitled to one or the other Q: What are the requisites of action for
thing. The remedy is afforded not to protect a declaratory relief?
person against a double liability but to protect him A:
against a double vexation in respect of one liability. 1. The subject matter of the controversy
When the court orders that the claimants litigate must be a deed, will, contract or other
among themselves, there arises in reality a new written instrument, statute, executive
action and the former are styled interpleaders, and order or regulation, or ordinance;
in such a case the pleading which initiates the 2. The terms of said documents and the
action is called a complaint of interpleader and not validity thereof are doubtful and require
a cross-complaint. (Ocampo vs. Tiroma, GR no. judicial construction;
147812, April 6, 2005) 3. There must have been no breach of
documents in question;
Q: When to file a motion to dismiss? 4. There must be an actual justiciable
A: Within the time for filing an answer, each controversy or the “ripening seeds” of one
claimant may file a motion to dismiss on the between persons whose interests are
ground of impropriety of the interpleader action or adverse;
on other appropriate grounds specified in Rule 16. 5. The issue must be ripe for judicial
The period to file the answer shall be tolled and if determination; and
the motion is denied, the movant may file his 6. Adequate relief is not available through
answer within the remaining period, but which shall other means or other forms of action or
not be less than five (5) days in any event, proceeding. (Almeda vs. Bathala
reckoned from notice of denial. (Sec. 4, Rule 62). Marketing, 542 SCRA 470)
46
Q: When can a court refuse to make judicial A: The concept of consolidation of ownership
declarations? under Art. 1607, NCC has its origins in the
A: substantive provisions of the law on sales. Under
1. An action for declaratory relief to ask the the law, a contract of sale may be extinguished
court to declare his filliation and either by (a) Legal redemption (Art.. 1619, NCC); or
consequently his hereditary rights is (b) Conventional redemption (Art. 1601, NCC). The
improper (Edades vs. Edades, 99 Phil. action brought to consolidate ownership is not for
675) the purpose of consolidating the ownership of the
2. An action for declaratory relief is not property in the person of the vendee or buyer but
proper to resolve doubts concerning one’s for the registration of the property. The lapse of the
citizenship (Lim vs. Republic, 37 SCRA 78) redemption period without the seller ‘a retro’
3. A petition for declaratory relief cannot exercising his right of redemption consolidates
properly have a court decision as its ownership or title upon the person of the vendee by
subject matter. A court decision cannot be operation of law.
interpreted as included within the purview
of the words “other written instrument” Q: What is quitting of title to real property?
because the provisions of the ROC A: This action is brought to remove a cloud on title
already provide for the ways by which an to real property or any interest therein. The action
ambiguous or doubtful decision may be is called one to quiet title to real property.
corrected or clarified without need of Whenever there is a cloud on title to real property
resorting to the expedient prescribed by a or any interest therein, by reason of any instrument,
petition for declaratory relief. (Reyes vs. record, claim, encumbrance or proceeding which is
Dizon, 628 SCRA 1) apparently valid or effective but is in truth and in
fact invalid, ineffective, voidable, or unenforceable,
Q: How Special action for Declaratory reliefs and may be prejudicial to said title, an action may
and similar remedies converted to ordinary be brought to remove such cloud or to quiet the
action? title. An action may also be brought to prevent a
A: If before final termination of the case, a breach cloud from being cast upon title to real property or
should take place, the action may be converted any interest therein. (Art. 476, NCC)
into ordinary action to avoid multiplicity of suits
(Republic vs. Orbecido, G.R. No. 154380, Oct. 5, C. Review of Judgments and final Orders or
2005). Resolution of the Comelec and COA:
Q: What are similar remedies? Rule 64 Rule 65

A:
1. Action for the reformation of an
Directed only to the Directed to any tribunal,
instrument;
judgments, final orders or board or officers
2. Action for quieting of title to real property;
and resolutions of the exercising judicial or
3. Action for consolidation of ownership. COMELEC and COA; quasi-judicial functions;
Filed within 30 days from Filed within 60 days from
Q: What is reformation of an instrument?
notice of the judgment; notice of the judgment;
A: An action for reformation is not one brought to
reform a contract but “to reform the instrument” The filing of a motion for The period within which
evidencing the contract. The instrument is to be reconsideration or a to filed the petition if the
reformed because despite the meeting of minds of motion for new trial if motion for
the parties as to the object and cause of the
allowed, interrupts the reconsideration or new
contract, the instrument which is supposed to
embody the agreement of the parties does not period for the filing of the trial is denied, is 60 days
reflect their tre agreement by reason of mistake, petition for certiorari. If from notice of the denial
fraud, inequitable conduct or accident. The action the motion is denied, the of the motion
is brought so the true intention of the parties may aggrieved party may file
be expressed in the instrument (Art. 1359, NCC)
the petition within the
Q: What is consolidation of ownership? remaining period, but
47
which shall not be less 3. There is neither appeal nor any plain,
than 5 days reckoned speedy and adequate remedy in the
ordinary course of law for the purpose of
from the notice of denial.
annulling or modifying the proceeding.
There must be capricious, arbitrary and
D. Certiorari, Prohibition and Mandamus: whimsical exercise of power for it to
prosper. (Sec. 1, Rule 65; Aggabao vs.
Q: Distinguish: Certiorari, prohibition and COMELEC, 449 SCRA 400; Milwaukee
mandamus. Industries Corp. vs. CTA, 636 SCRA 70)
A: Certiorari, as a special civil action, is an original
action invoking the original jurisdiction of a court to Q: What are the requisites of a petition for
annul or modify the proceedings of a tribunal, prohibition?
board or officer exercising judicial or quasi-judicial A:
functions. It is an original and independent action 1. The impugned act must be that of a
that is not a part of the trial or the proceedings on tribunal, corporation, board or person
the complaint filed before the trial court. (Siok Ping exercising judicial, quasi-judicial, or
Tang vs. Subic Bay Distribution, 638 SCRA 457). ministerial functions;
Prohibition is an extraordinary writ of commanding 2. The tribunal, corporation, board or person
a tribunal, corporation, board, officer or person, must have acted without or in excess of
whether exercising functions that are judicial, jurisdiction or with grave abuse of
quasi-judicial or ministerial, to desist from further discretion amounting to lack of
proceedings when such are conducted without or jurisdiction;
in excess of its jurisdiction, or with grave abuse of 3. There is no appeal or any other plain,
its discretion, there being no appeal or any other speedy, and adequate remedy in the
plain, speedy, and adequate remedy in the ordinary ordinary course of law; and
course of law. (Sec. 2, Rule 65). A writ of 4. The petition for prohibition shall be
mandamus is a command issuing from a court of accompanied by a certified true copy of
law of competent jurisdiction, in the name of the the judgment or order subject of the
state or sovereign, directed to an inferior court, petition, copies of all the pleadings and
tribunal, or board, or to some corporation or documents relevant and pertinent thereto,
person, requiring the performance of a particular and a sworn certification of non-forum
duty therein specified, which duty results from the shopping as provided in Sec. 3, Rule 46.
official station of the party to whom the writ is (Sec. 2, Rule 65; Ongsuco vs. Malones,
directed, or from operation of law. It is employed to 604 SCRA 499; Longino vs. General, 451
compel the performance, when refused, of a SCRA 423)
ministerial duty which, as opposed to a
discretionary one, is that which an officer or Q: What are the requisites of a petition for a
tribunal performs in a given state of facts, in a mandamus?
prescribed manner, in obedience to the mandate of A:
legal authority, without regard to or the exercise of 1. The plaintiff has a clear legal right to the
his or its own judgment upon the propriety or act demanded;
impropriety of the act done. (National Home 2. It must be the duty of the defendant to
Mortgage vs. Abayari, 602 SCRA 242). perform the act, because it is mandated
by law;
Q: What are the essential requisites for a 3. The defendant unlawfully neglects the
Petition for certiorari under Rule 65? performance of the duty enjoined by law;
A: 4. The act to be performed is ministerial, not
1. The petition is directed against a tribunal, discretionary; and
board or officer exercising judicial or 5. There is no appeal or any other plain,
quasi-judicial functions;\ speedy and adequate remedy in the
2. Such tribunal, board or officer has acted ordinary course of law. (De Castro vs.
without or in excess of jurisdiction or with JBC, 615 SCRA 666)
grave abuse of discretion amounting to
lack or excess of jurisdiction; Q: What is the difference between a petition for
certiorari under Rule 45 and that under Rule 65?
48
A:
RULE 45 RULE 65
CERTIORARI CERTIORARI Q: What is injunctive relief?
A: The court in which the petition is filed may issue
orders expediting the proceedings, and it may also
Mode of Appeal; A A Special Civil Action that grant a temporary restraining order or a writ of
continuation of the is an original action and
appellate process over the not a mode of appeal; Not
preliminary injunction for the preservation of the
original cases part of the appellate rights of the parties pending such proceedings. The
(A Petition for Review) process but an petition shall not interrupt the course of the
independent action
principal case, unless a temporary restraining order
(Original Civil Action)
or a writ of preliminary injunction has been issued,
enjoining the public respondent from further
Seeks to review final Directed against an proceeding with the case. The public respondent
judgments or final orders interlocutory order or shall proceed with the principal case within ten (10)
matters where no appeal days from the filing of a petition for certiorari with a
may be taken from
higher court or tribunal, absent a temporary
restraining order or a preliminary injunction, or
upon its expiration. Failure of the public respondent
Raises questions of law Raises questions of
jurisdiction to proceed with the principal case may be a ground
for an administrative charge. (Sec. 7, AM No.. 07-7-
12-SC)
Must be filed within 15 Shall be filed not later than
days from notice of 60 days from notice of
judgments, final order or judgment, order or Q: When is a petitioner for certiorari under Rule
resolution appealed from resolution sought to be 65 proper?
assailed.
A: The petition shall be filed not later than sixty (60)
days from notice of the judgment, order or
Does not require a prior Generally requires a prior
resolution. In case a motion for reconsideration or
motion for reconsideration motion for reconsideration
new trial is timely filed, whether such motion is
required or not, the petition shall be filed not later
than sixty (60) days counted from the notice of the
Stays the judgment Does not stay the
appealed from judgment or order subject denial of the motion. If the petition relates to an act
of the petition, unless or an omission of a municipal trial court or of a
enjoyed or restrained corporation, a board, an officer or a person, it shall
be filed with the Regional Trial Court exercising
jurisdiction over the territorial area as defined by
The parties are the original The tribunal, board, officer
the Supreme Court. It may also be filed with the
parties with the appealing exercising judicial or
party as the petitioner and quasi-judicial functions is Court of Appeals or with the Sandiganbayan,
the adverse party as impleaded as respondent. whether or not the same is in aid of the court’s
respondent without In other words, the parties appellate jurisdiction. If the petition involves an act
impleading the lower court are the aggrieved party
or an omission of a quasi-judicial agency, unless
or its judge. against the lower court or
quasi-judicial agency and otherwise provided by law or these rules, the
the prevailing parties, who petition shall be filed with and be cognizable only
thereby respectively
by the Court of Appeals. In election cases involving
become the petitioner and
respondent. an act or an omission of a municipal or a regional
trial court, the petition shall be filed exclusively with
the Commission on Elections, in aid of its appellate
jurisdiction. (Sec. 4, AM no. 07-7-12-SC, December
Filed only with the SC may be filed with the RTC, 27, 2007)
CA, or SC
Q: What are the exceptions to filing of motion
Source: Rule 41, 45,and 65; KEPCO Phils vs. CIR, 636 for reconsideration before filing a petition?
SCRA 166; Fortune Guarantee vs. CA, 379 SCRA 7; the A:
Bases Conversion vs. Uy, 506 SCRA 524; Systems 1. When the order is a patent nullity, as
Factors vs. NLRC, 346 SCRA 149; Yasuda vs. CA, 330
where the court a quo has no jurisdiction;
SCRA 385)
49
2. When the questions raised in the certiorari unmeritorious petitions for certiorari (Sec. 8, AM
proceeding have been duly raised and No. 07-7-12-SC)
passed upon by the lower court, or are the
same as those raised and passed upon in E. Quo Warranto:
the lower court;
3. When there is an urgent necessity for the Q: What is the nature of a Quo Warranto?
resolution of the question and any further A: A Quo warranto proceeding is generally defined
delay would prejudice the interests of the as an action against a person who usurps, intrudes
government or of the petitioner; into, or unlawfully holds or exercises a public
4. When the subject matter of the action is office. (Tecson vs. COMELEC, 424 SCRA 277)
perishable;
5. When, under the circumstances, a motion Q: What is the nature of a Quo Warranto under
for reconsideration would be useless; the Omnibus Election Code?
6. When petitioner was deprived of due A: Any voter contesting the election of any Member
process and there is an extreme urgency of the Batasang Pambansa, regional, provincial, or
for relief; city officer on the ground of ineligibility or of
7. In a criminal case, when relief from order disloyalty to the Republic of the Philippines shall
of arrest is urgent and the granting of such file a sworn petition for quo warranto with the
relief by the trial court is improbable; Commission within ten days after the proclamation
8. When the proceedings in the lower court of the results of the election. Any voter contesting
are a nullity for lack of due process; the election of any municipal or barangay officer on
9. When the proceedings were done ex parte the ground of ineligibility or of disloyalty to the
or in which the petitioner had no Republic of the Philippines shall file a sworn
opportunity to object; petition for quo warranto with the regional trial
10. Where the issue raised is one purely of court or metropolitan or municipal trial court,
law; or respectively, within ten days after the proclamation
11. Where public interest is involved. (Tan vs. of the results of the election. (Sec. 253 - Petition for
Sandiganbayan, 292 SCRA 452; Hamilton Quo Warranto, Omnibus Election Code)
vs. Levy, 344 SCRA 821; Ermita vs.
Aldecoa-Delorino, 651 SCRA 128) Q: When can the government commences an
action for Quo Warranto against individuals or
Q: What are the reliefs that the petitioner is associations?
entitled to? A: A quo warranto is a special civil action
A: The primary relief will actually be the annulment commenced in the name of the Republic of the
or modification of the judgment, order, resolution or Philippines by a verified petition. (Sec. 1, Rule 66).
proceeding subject of the petition. It may also However, in certain instances, the petition may be
include such other incidental reliefs as law and brought by an individual in his own name if he
justice may require. (Sec. 1, Rule 65). The court, in claims to be entitled to a public office usurped or
its judgment, may also award damages. The unlawfully held or exercised by another. (Sec. 5,
execution of the award for damages or costs shall Rule 66)
follow the procedure in Sec. 1, Rule 39, ROC. (Sec.
9, Rule 65) Q: When may an individual commence an action
for Quo Warranto?
Q: What is the effect of filing unmeritorious A: A person claiming to be entitled to a public
petitions? office or position usurped or unlawfully held or
A: In the event of dismissal of unmeritorious exercised by another may bring an action therefor
petitions, the court may award in favor of the in his own name. However, not any person may file
respondent treble costs solidarily against the the petition for Quo warranto. The person
petitioner and counsel, in addition to subjecting the authorized to file the same is the one who claims to
counsel to administrative sanctions under Rules be entitled to a public office or position which was
139 and 1390B of the ROC. In addition, the SC usurped or unlawfully held or exercised by another
may impose motu proprio, based in res ipsa person. (Sec. 5, Rule 66)
loquitur, other disciplinary sanctions or measures
on erring lawyers for patently dilatory and Q: What is the limitation on a quo warranto
proceeding?
50
A: Nothing contained in this Rule shall be the authorized government depositary. If personal
construed to authorize an action against a public property is involved, its value shall be provisionally
officer or employee for his ouster from office unless ascertained and the amount to be deposited shall
the same be commenced within one (1) year after be promptly fixed by the court. (Sec. 2, Rule 57)
the cause of such ouster, or the right of the
petitioner to hold such office or position, arose, nor Q: What are the defenses and objections in the
to authorize an action for damages in accordance answer?
with the provisions of the next preceding section A: the defendant shall serve an answer if he has an
unless the same be commenced within one (1) year objection to the filing of the complaint, allegations
after the entry of the judgment establishing the in the complaint, or objection or defense to the
petitioner's right to the office in question. (Sec. 11, taking of his property. This answer shall be served
Rule 66) within the time stated in the summons. The answer
is required to specifically designate or identify the
F. Expropriation: property in which the defendant claims to have an
interest, and state the nature and extent of the
Q: What are the matters to be alleged in a interest claimed. He must also allege all his
complaint for expropriation? objections and defenses to the taking of his
A: property because those not adduced are deemed
1. State with certainty the right of the plaintiff waived. (Sec. 3, Rule 67)
to expropriation and the purpose thereof;
2. Describe the real or personal property Q: What is the order of appropriation?
sought to be expropriated; and A: An order of expropriation/condemnation will be
3. Join as defendant all persons owning or issued declaring that the plaintiff has a lawful right
claiming to own, or occupying, any part to take the property for the use or purpose
of the property or interest therein, described in the complaint upon the payment of
showing, so far as practicable, the interest just compensation. This order shall issue in any of
of each defendant. If the plaintiff cannot the following cases: (a) In the event the objections
identify the real owners with accuracy, of the defendant are overruled; or (b) When no
averment to that effect shall be made in party appears to object to or defend against the
the complaint. (Sec. 1, Rule 67) expropriation. (Sec. 4, Rule 67)
Q: What are the two stages in every action for Q: How to ascertain the compensation?
expropriation? A: Upon the rendition of the order of expropriation,
A: the court shall appoint not more than three (3)
1. The determination of the authority of the competent and disinterested persons as
plaintiff to expropriate’ and commissioners to ascertain and report to the court
2. The determination of just compensation the just compensation for the property sought to be
through the court-appointed taken. The order of appointment shall designate the
commissioners. (Municipality of Binan vs. time and place of the first session of the hearing to
Garcia, 180 scra 576) be held by the commissioners and specify the time
within which their report shall be submitted to the
Q: When can the plaintiff immediately enter into court. Copies of the order shall be served on the
possession of the real property? parties. Objections to the appointment of any of the
A: Upon the filing of the complaint or at any time commissioners shall be filed with the court within
thereafter and after due notice to the defendant, ten (10) days from service, and shall be resolved
the plaintiff shall have the right to take or enter within thirty (30) days after all the commissioners
upon the possession of the real property involved if shall have received copies of the objections. (Sec.
he deposits with the authorized government 5, Rule 67)
depositary an amount equivalent to the assessed
value of the property for purposes of taxation to be Q: What are the proceedings by
held by such bank subject to the orders of the commissioners?
court. Such deposit shall be in money, unless in A: Before entering upon the performance of their
lieu thereof the court authorizes the deposit of a duties, the commissioners shall take and subscribe
certificate of deposit of a government bank of the an oath that they will faithfully perform their duties
Republic of the Philippines payable on demand to as commissioners, which oath shall be filed in court
51
with the other proceedings in the case. Evidence interested parties have filed their objections to the
may be introduced by either party before the report or their statement of agreement therewith,
commissioners who are authorized to administer the court may, after hearing, accept the report and
oaths on hearings before them, and the render judgment in accordance therewith, or, for
commissioners shall, unless the parties consent to cause shown, it may recommit the same to the
the contrary, after due notice to the parties, to commissioners for further report of facts, or it may
attend, view and examine the property sought to set aside the report and appoint new
be expropriated and its surroundings, and may commissioners; or it may accept the report in part
measure the same, after which either party may, by and reject it in part and it may make such order or
himself or counsel, argue the case. The render such judgment as shall secure to the
commissioners shall assess the consequential plaintiff the property essential to the exercise of his
damages to the property not taken and deduct right of expropriation, and to the defendant just
from such consequential damages the compensation for the property so taken. (Sec. 8,
consequential benefits to be derived by the owner Rule 67)
from the public use or purpose of the property
taken, the operation of its franchise by the Q: What are the rights of the plaintiff after
corporation or the carrying on of the business of judgment and payment?
the corporation or person taking the property. But A: Upon payment by the plaintiff to the defendant
in no case shall the consequential benefits of the compensation fixed by the judgment, with
assessed exceed the consequential damages legal interest thereon from the taking of the
assessed, or the owner be deprived of the actual possession of the property, or after tender to him
value of his property so taken. (Sec. 6, Rule 67) of the amount so fixed and payment of the costs,
the plaintiff shall have the right to enter upon the
Q: What is the rule on the Commissioner’s property expropriated and to appropriate it for the
report? public use or purpose defined in the judgment, or
A: The court may order the commissioners to to retain it should he have taken immediate
report when any particular portion of the real estate possession thereof under the provisions of section
shall have been passed upon by them, and may 2 hereof. If the defendant and his counsel absent
render judgment upon such partial report, and themselves from the court, or decline to receive the
direct the commissioners to proceed with their amount tendered, the same shall be ordered to be
work as to subsequent portions of the property deposited in court and such deposit shall have the
sought to be expropriated, and may from time to same effect as actual payment thereof to the
time so deal with such property. The defendant or the person ultimately adjudged
commissioners shall make a full and accurate entitled thereto. (Sec. 10, Rule 67)
report to the court of all their proceedings, and
such proceedings shall not be effectual until the Q: What is the effect of recording of judgment?
court shall have accepted their report and rendered A: The judgment entered in expropriation
judgment in accordance with their proceedings shall state definitely, by an adequate
recommendations. Except as otherwise expressly description, the particular property or interest
ordered by the court, such report shall be filed therein expropriated, and the nature of the public
within sixty (60) days from the date the use or purpose for which it is expropriated. When
commissioners were notified of their appointment, real estate is expropriated, a certified copy of such
which time may be extended in the discretion of judgment shall be recorded in the registry of deeds
the court. Upon the filing of such report, the clerk of the place in which the property is situated, and
of the court shall serve copies thereof on all its effect shall be to vest in the plaintiff the title to
interested parties, with notice that they are allowed the real estate so described for such public use or
ten (10) days within which to file objections to the purpose. (Sec. 13, Rule 67)
findings of the report, if they so desire. (Sec. 7,
Rule 67) G. Foreclosure of Real Estate Mortgage:
Q: What is the action upon commissioners’ Q: What is a real estate mortgage?

report? A: A real estate mortgage (REM) is an accessory
A: Upon the expiration of the period of ten (10) contract executed by a debtor in favor of a creditor
days referred to in the preceding section, or even as security for the principal obligation. The principal
before the expiration of such period but after all the
52
obligation is usually a simple loan or mutuum There could be a No judgment for its
described in Art. 1953, Civil Code. deficiency judgment deficiency because there is
rendered by the court in no judicial proceeding,
the same proceeding although recovery of the
Q: When is foreclosure proper?
deficiency is allowed.
A: Foreclosure is valid only when the petition is in
default in the payment off his obligation, such
default occurs when the payment is not made after Recovery of the The recovery pf the
a valid demand unless the contract between the deficiency can be done deficiency is through an
parties carries with it a stipulation that demand is by mere motion for a independent action, and
deficiency judgment although nothing about the
not necessary for default to arise. (DBP vs. recovery of the deficiency
Licuanan, 516 SCRA 644) is provided under Act
3135, there is no
prohibition either.
Q: What are the remedies of the
mortgagee/creditor when the mortgagor/debtor
dies? Source: Riano (2012), Civil Procedure Vol. 2, p. 412
A:
1. Creditor may abandon the security and Q: What are the allegations in a complaint for
prosecute his claim in the manner foreclosure?
provided for under Rule 86, and share in A:
the general distribution of the assets of 1. The date and due execution of the
the estate; mortgage;
2. He may foreclose the mortgage by action 2. The assignments of the mortgage if any;
in court, making the executor or 3. The names and residences of the
administrator a party defendant, and if mortgagor and mortgagee;
there be a deficiency judgment after the 4. A description of the mortgaged property;
sale of the mortgaged property, he may 5. A statement of the date of the note and
claim the deficiency in the manner other documentary evidence of the
provided under Rule 86; or obligation secured by the mortgage;
3. He may rely upon the mortgage or other 6. The amount claimed to be unpaid thereon
security alone, and foreclose the same at and
any time before it is barred by 7. The names and residences of all persons
prescription, and in that event, he shall not having or claiming an interest in the
be admitted as a creditor, without the right property subordinate in right to that of the
to share in the distribution of the other holder of the mortgage, all of whom shall
assets of the state (Sec. 7, Rule 86) be made defendants in the action. (Sec. 1,
Rule 68)
Q: What are the kinds of foreclosure of real
estate mortgage? Q: What is the rule regarding judgment on
A: foreclosure?
JUDICIAL EXTRAJUDICIAL
A: If upon the trial in such action the court shall find
FORECLOSURE FORECLOSURE the facts set forth in the complaint to be true, it
shall render a judgment containing the following
matters: (a) Ascertainment of the amount due to the
Governed by the Rules of Governed by Act 3135, as
plaintiff upon the mortgage debt or obligation,
Court amended
including interest and other charges as approved
by the court, and costs; (b) Render judgment for
Involves the filing of an Does not require the filing the sum so found due; (c) Order that the same be
independent action of an action
paid to the court or to the judgment obligee within
a period of not less than ninety (90) days nor more
Equity of redemption and There is right of than one hundred twenty (120) days from the entry
no right of redemption redemption
of judgment; and (d) Admonition that in default of
except when the
mortgagee is a banking such payment the property shall be sold at public
institution auction to satisfy the judgment. (Sec. 2, Rule 68).
The judgment of the court on the above matters is
considered final adjudication of the case and,
53
therefore, subject to challenge by the aggrieved the judgment as soon as a sufficient portion of the
party by appeal or other post-judgment remedies. property has been sold to pay the total amount and
the costs due, the sale shall terminate; and
Q: What is the rule on the right of redemption? afterwards as often as more becomes due for
A: General Rule: In judicial foreclosures, there is principal or interest and other valid charges, the
no right of redemption but only an equity of court may, on motion, order more to be sold. But if
redemption which can be exercised prior to the the property cannot be sold in portions without
confirmation of the foreclosure sale. Exception: prejudice to the parties, the whole shall be ordered
There is a right of redemption in a judicial to be sold in the first instance, and the entire debt
foreclosure if the foreclosure is in favor of banks as and costs shall be paid, if the proceeds of the sale
mortgagees, whether the foreclosure be judicial or be sufficient therefore, there being a rebate of
extrajudicial. (Huerta Alba vs. CA, 339 SCRA 534) interest where such rebate is proper. (Sec. 5, Rule
68)
Q: What is the rule on the period of redemption
in extrajudicial foreclosure? Q: When is the rule when there is no deficiency
A: General Rule: the period of redemption is one judgment?
year. Exception: Under the General Banking Act, A: If upon the sale of any real property as provided
when the mortgagor is a juridical person. The in the next preceding section there be a balance
period of redemption is “until, but not after” the due to the plaintiff after applying the proceeds of
registration of the certificate of sale with the the sale, the court, upon motion, shall render
Register of Deeds, “which in no case shall be more judgment against the defendant for any such
than 3 months after foreclosure, whichever is balance for which, by the record of the case, he
earlier.” (Sec. 47, General Banking Acts of 2000) may be personally liable to the plaintiff, upon which
execution may issue immediately if the balance is
Q: What is the effect of sale of mortgaged all due at the time of the rendition of the judgment;
property? otherwise; the plaintiff shall be entitled to execution
A: When the defendant, after being directed to do at such time as the balance remaining becomes
so as provided in the next preceding section, fails due under the terms of the original contract, which
to pay the amount of the judgment within the time shall be stated in the judgment. (Sec. 6, Rule
period specified therein, the court, upon motion, 68). It is the duty of the mortgagee to return to the
shall order the property to be sold in the manner mortgagor any surplus in the selling price during
and under the provisions of Rule 39 and other the foreclosure sale. (Sulit. vs. CA, 268 SCRA 441)
regulations governing sales of real estate under
execution. Such sale shall not affect the rights of Q: What is the rule regarding the registration of
persons holding prior encumbrances upon the the sale?
property or a part thereof, and when confirmed by A: A certified copy of the final order of the court
an order of the court, also upon motion, it shall confirming the sale shall be registered in the
operate to divest the rights in the property of all the registry of deeds. If no right of redemption exists,
parties to the action and to vest their rights in the the certificate of title in the name of the mortgagor
purchaser, subject to such rights of redemption as shall be cancelled, and a new one issued in the
may be allowed by law. Upon the finality of the name of the purchaser. Where a right of
order of confirmation or upon the expiration of the redemption exists, the certificate of title in the
period of redemption when allowed by law, the name of the mortgagor shall not be cancelled, but
purchaser at the auction sale or last redemptioner, the certificate of sale and the order confirming the
if any, shall be entitled to the possession of the sale shall be registered and a brief memorandum
property unless a third party is actually holding the thereof made by the registrar of deeds upon the
same adversely to the judgment obligor. The said certificate of title. In the event the property is
purchaser or last redemptioner may secure a writ redeemed, the deed of redemption shall be
of possession, upon motion, from the court which registered with the registry of deeds, and a brief
ordered the foreclosure. (Sec. 3, Rule 68) memorandum thereof shall be made by the
registrar of deeds on said certificate of title. If the
Q: How should the sale proceed in case the property is not redeemed, the final deed of sale
debt is not all due? executed by the sheriff in favor of the purchaser at
A: If the debt for which the mortgage or the foreclosure sale shall be registered with the
encumbrance was held is not all due as provided in registry of deeds; whereupon the certificate of title
54
in the name of the mortgagor shall be cancelled Rule 69). The plaintiff is a person who is supposed
and a new one issued in the name of the to be a co-owner of the property or estate sought
purchaser. (Sec. 7, Rule 68) to be partitioned. The defendants are all co-
owners. All the co-owners must be joined. An
H. Partition: action will not lie without the joinder of all co-
owners and other persons having interest in the
Q: What are the two stages or phases of property. Therefore, All the co-owners are
partition? indispensable parties. (Garcia de Lara vs. Gonzales
A: de Lara, 2 Phil. 294; Reyes vs. Cordero, 46 Phil.
658)
FIRST PHASE This is taken up with the
determination of whether or not
a co-ownership in fact exists, Q: What are matters to be alleged in the
and a partition is proper and
complaint of partition?
may be made by voluntary
agreement of all the parties A: The plaintiff shall state in his complaint the
interested in the property. nature and extent of his title, and an adequate
description of the real or personal estate of which
This phase may end with a
partition is demanded, and shall join as defendants
declaration that the plaintiff is
not entitled to have a partition all other persons interested in the property. (Secs.
either because a co-ownership 1 & 13, Rule 69). These cannot be demanded in
does not exist, or partition is
another action because they are parts of the cause
legally prohibited.
of action for partition. These will be barred if not set
On the other hand, it may end up in the same action pursuant to the rule against
with an adjudgment that a co- splitting a single cause of action. When the
ownership does in truth exist,
allegations in the complaint allege that the plaintiff
partition is proper in the
premises, and an accounting of asserts exclusive ownership of the property sought
rents and profits received by the to be partitioned, the nature of the action is not one
defendant from the real estate in
for partition. It is an action for the recovery of
question is in order.
property. (Dela Cruz vs. CA,, 412 SCRA 282)
Q: What are the rules regarding order for

partition and partition by agreement?
SECOND PHASE This is commenced when it
A: During the trial, the court shall determine
appears that the parties are
unable to agree upon the whether or not the plaintiff is truly a co-owner of
partition directed by the court. the property, that there is indeed a co-ownership
IN THIS EVENT, Partition shall
among the parties, and that a partition is not legally
be done for the parties by the
court with the assistance of not prescribed, thus, may be allowed. If the courts so
more than 3 commissioners. finds that the facts are such that a partition would
be in order, and that the plaintiff has a right to
This second stage may well also
demand partition, the court will issue an order for
deal with the rendition of the
accounting itself and its partition. If after the trial, the court finds that the
approval by the court after the plaintiff has the right to a partition, the court shall
parties have been accorded
order the partition of the property among all the
opportunity to be heard thereon,
and an award for the recovery parties in interest. (See Sec. 2, Rule 69). On the
by the party or parties thereto other hand, observe that the order for partition is
entitled of their just share in the one that directs the parties or co-owners to
rents and profits of the real
partition the property where they may make the
estate in question
partition among themselves by proper instruments
of conveyance, if they agree among themselves. If
Source: Labayan vs. Samoy, 645 SCRA 677) they do not agree, the court shall then confirm the
partition so agreed upon by all the parties, and
Q: Who may file an action for partition? such partition, together with the order of the court
A: The action shall be brought by the person who confirming the same, shall be recorded in the
has a right to compel the partition of real estate or registry of deeds of the place where the property is
of an estate composed of personal property, or of situated. Sec. 2, Rule 69). There always exists the
both real and personal property. (Secs. 1 & 13, possibility that the co-owners are unable to agree
55
upon the partition. If they cannot partition the

property among themselves, the next stage in the Q: What is the rule regarding partition of
action will follow, and this stage is the appointment personal property?
of commissioners. A: The provisions of Rule 69 shall apply to
partitions of estates composed of personal
Q: What is the rule regarding partition by property, or of both real and personal property, in
commissioner? so far as the same may be applicable. (Sec. 13,
A: If the parties are unable to agree upon the Rule 69)
partition, the court shall appoint not more than 3
commissioners, who are competent and Q: When partition is not allowed?
disinterested persons, to make the partition for the A:
parties. (Sec. 3, Rule 69). The appointment of 1. When there is an agreement among the
commissioners presupposes that the parties co-owners to keep the property undivided
cannot agree on the partition among themselves. for a certain period of time but not
extending 10 years. However, this term
Q: What is the rule regarding the report of the may be extended by a new agreement.
commissioners? (Art. 494 NCC);
A: The commissioners shall make a full and 2. When partition is prohibited by the donor
accurate report to the court of all their proceedings or testator for a period not exceeding 20
as to the partition, or the assignment of real estate years (Arts. 494 & 1083, NCC)
to one of the parties, or the sale of the same. Upon 3. When partition is prohibited by law (Art.
the filing of such report, the clerk of court shall 494, NCC);
serve copies thereof on all the interested parties 4. When the property is not subject to a
with notice that they are allowed ten (10) days physical division and to do so would
within which to file objections to the findings of the render it unserviceable for the use for
report, if they so desire. (Sec. 6, Rule 69) which it is intended (Art. 495, NCC); or
5. When the conditions imposed upon
Q: What are the actions of the court upon the voluntary heirs before they can demand
report of the commissioners? partition has not yet been fulfilled. (Art.
A: 1084, NCC)
1. Accept the report and render judgment in
accordance with the same; I. Forcible Entry and Unlawful Detainer:
2. Recommit the same to the commissioners
for further report of facts, instead of Q: What are the three kinds of actions available
accepting the report; to recover possession of real property?
3. Set aside the report and appoint new A:
commissioners; 1. Accion Interdicta - the summary action
4. Make such order and render such for (a) forcible entry (detentacion), where
judgment that shall effectuate a fair and the defendant’s possession of the
just partition of the estate (Sec. 7, Rule 69) property is illegal ab initio; or (b) for
unlawful detainer (desahuico), where the
Q: What is the effect of judgment of partition? defendant’s possession was originally
A: The judgment shall have the effect of vesting in lawful but ceased to be so by the
each party to the action the portion of the real expiration of his right to possess, both of
estate assigned to him. If the whole property is which must be brought within 1 year from
assigned to one of the parties upon his paying to the date of actual entry on the land, in
the others the sums ordered by the court, the effect case of forcible entry, and from the date of
of the judgment shall be to vest in the party making the last demand, in case of unlawful
the payment the whole of the real estate free from detainer.
any interest on the part of the other parties to the 2. Accion Publiciana - a plenary action for
action. If the property is sold and the sale is the recovery of the right to possess, when
confirmed by the court, the effect of the judgment the dispossession has lasted for more
shall be to vest the real estate in the purchasers than one year; and
making the payments, free from the claims of any 3. Accion Reivindicatoria - seeks the
of the parties to the action. (Sec. 11, Rule 69) recovery of ownership and includes the
56
jus possidendi. (Serdoncillo vs. Benolirao, Source: Sec. 1, Rule 70; Tirona vs. Alejo, 367 SCRA 17;
297 SCRA 448) Heirs of Demeterio Melchor vs. Melchor, 415 SCRA 726;
Sarmienta vs. Manalite Homeowners Assoc, 632 SCRA
538; Romullo vs. Samahang Magkakapitbahay, 632
Q: Distinguish: Forcible entry and Unlawful
SCRA 411; Peralta Labrador vs. Bugarin, 468 SCRA 308)
detainer.
A:
Q: Who may institute the action for forcible
FORCIBLE ENTRY UNLAWFUL entry or unlawful detainer?
DETAINER A: A person deprived of the possession of any land
or building by force, intimidation, threat, strategy,
The Entry is illegal; The The Entry is legal but later
or stealth, or a lessor, vendor, vendee, or other
possession of the became illegal; The person against whom the possession of any land or
defendant is illegal from possession of the building is unlawfully withheld after the expiration
the very beginning having defendant is legal in the
or termination of the right to hold possession, by
deprived the actual beginning but
possessor of his subsequently becomes virtue of any contract, express or implied, or the
possession illegal because of the legal representatives or assigns of any such lessor,
expiration or termination of vendor, vendee, or other person, may, at any time
the right to have
possession, by virtue of
within one (1) year after such unlawful deprivation
any contract (express of or withholding of possession, bring an action in the
implied), and after a proper Municipal Trial Court against the person or
demand to vacate was not
persons unlawfully withholding or depriving of
heeded by the defendant.
possession, or any person or persons claiming
under them, for the restitution of such possession,
Plaintiff must allege in the No allegations shall be together with damages and costs. (Sec. 1, Rule 70)
complaint, and prove, that made, instead, there must
he was in prior physical be allegations in the
possession of the complaint of how the Q: Which court has jurisdiction over forcible
property until he was possession of the entry and unlawful detainer cases?
deprived by the defendant started or
A: The action for forcible entry and unlawful
defendant by means of continued by virtue of
force, intimidation, threat, lease or any contract, and detainer are within the exclusive and original
strategy or stealth. that he held possession of jurisdiction of the MTC, MeTC, MCTC and shall be
the land after the governed by the rules on summary procedure
expiration or termination of
the contract.
irrespective of the amount of damages or unpaid
rentals sought to be recovered. (Sec. 33(2), BP 129
as amended; Sec. 3, Rule 70)
Demand to vacate is not Demand to vacate is
required before the filing necessary as a rule and
Q: What are pleadings allowed in forcible entry
of the action because the within 1 year from the last
occupancy is illegal; from demand on the defendant and unlawful detainer?
the very beginning. to vacate the property, the A:
plaintiff may institute the
1. Complaint;
complaint for ejectment.
2. Compulsory Counterclaim;
3. Cross-claim pleaded in the answer; and
4. Answers thereto. (Sec. 4, Rule 70)
The one-year period Counted from the date of
within which to file the the last demand to vacate. Q: What should be the action on the complaint?
action is counted When the demand to
generally from the date of vacate is not heeded, then
A: The court may, from an examination of the
actual entry on the land the unlawful withholding of allegations in the complaint and such evidence as
by the defendant (ie, from possession begins. may be attached thereto, dismiss the case outright
the time of possession),
on any of the grounds for the dismissal of a civil
Exception to this is when
the entry is made by action which are apparent therein. If no ground for
stealth, the period must dismissal is found, it shall forthwith issue
be counted from the summons. (Sec. 5, Rule 70)
demand to vacate upon
learning of the entry by
stealth. Q: What are prohibited pleadings and motions?
A:
57
1. Motion to dismiss the complaint except on failure, shall order the execution of the judgment
the ground of lack of jurisdiction over the appealed from with respect to the restoration of
subject matter, or failure to comply with possession, but such execution shall not be a bar
section 12; to the appeal taking its course until the final
2. Motion for a bill of particulars; disposition thereof on the merits. After the case is
3. Motion for new trial, or for reconsideration decided by the Regional Trial Court, any money
of a judgment, or for reopening of trial; paid to the court by the defendant for purposes of
4. Petition for relief from judgment; the stay of execution shall be disposed of in
5. Motion for extension of time to file accordance with the provisions of the judgment of
pleadings, affidavits or any other paper; the Regional Trial Court. In any case wherein it
6. Memoranda; appears that the defendant has been deprived of
7. Petition for certiorari, mandamus, or the lawful possession of land or building pending
prohibition against any interlocutory order the appeal by virtue of the execution of the
issued by the court; judgment of the Municipal Trial Court, damages for
8. Motion to declare the defendant in default; such deprivation of possession and restoration of
9. Dilatory motions for postponement; possession and restoration of possession may be
10. Reply; allowed the defendant in the judgment of the
11. Third-party complaints; Regional Trial Court disposing of the appeal. (Sec.
12. Interventions. (Sec. 13, Rule 70) 19, Rule 70)
Q: How to stay the immediate execution of J. Contempt:

judgment?
A: If judgment is rendered against the defendant, Q: What are the kinds of contempt?
execution shall issue immediately upon motion A: Contempt of court is of two kinds, namely: direct
unless an appeal has been perfected and the contempt, which is committed in the presence of or
defendant to stay execution files a sufficient so near the judge as to obstruct him in the
supersedeas bond, approved by the Municipal Trial administration of justice; and constructive or
Court and executed in favor of the plaintiff to pay indirect contempt, which consists of willful
the rents, damages, and costs accruing down to disobedience of the lawful process or order of the
the time of the judgment appealed from, and court. The punishment for the first is generally
unless, during the pendency of the appeal, he summary and immediate, and no process or
deposits with the appellate court the amount of evidence is necessary because the act is
rent due from time to time under the contract, if committed in facie curiae. The inherent power of
any, as determined by the judgment of the courts to punish contempt of court committed in
Municipal Trial Court. In the absence of a contract, the presence of the courts without further proof of
he shall deposit with the Regional Trial Court the facts and without aid of a trial is not open to
reasonable value of the use and occupation of the question, considering that this power is essential to
premises for the preceding month or period at the preserve their authority and to prevent the
rate determined by the judgment of the lower court administration of justice from falling into disrepute;
on or before the tenth day of each succeeding such summary conviction and punishment accord
month or period. The supersedeas bond shall be with due process of law. There is authority for the
transmitted by the Municipal Trial Court, with the view, however, that an act, to constitute direct
papers, to the clerk of the Regional Trial Court to contempt punishable by summary proceeding,
which the action is appealed. All amounts so paid need not be committed in the immediate presence
to the appellate court shall be deposited with said of the court, if it tends to obstruct justice or to
court or authorized government depositary bank, interfere with the actions of the court in the
and shall be held there until the final disposition of courtroom itself. Also, contemptuous acts
the appeal, unless the court, by agreement of the committed out of the presence of the court, if
interested parties, or in the absence of reasonable admitted by the contemnor in open court, may be
grounds of opposition to a motion to withdraw, or punished summarily as a direct contempt, although
for justifiable reasons, shall decree otherwise. it is advisable to proceed by requiring the person
Should the defendant fail to make the payments charged to appear and show cause why he should
above prescribed from time to time during the not be punished when the judge is without
pendency of the appeal, the appellate court, upon personal knowledge of the misbehavior and is
motion of the plaintiff, and upon proof of such informed of it only by a confession of the
58
contemnor or by testimony under oath of other shall be docketed, heard and decided separately,
persons. In contrast, the second usually requires unless the court in its discretion orders the
proceedings less summary than the first. The consolidation of the contempt charge and the
proceedings for the punishment of the principal action for joint hearing and decision. (Sec.
contumacious act committed outside the personal 4, Rule 71, ROC)
knowledge of the judge generally need the
observance of all the elements of due process of Q: What are acts punishable as indirect
law, that is, notice, written charges, and an contempt?
opportunity to deny and to defend such charges A:
before guilt is adjudged and sentence imposed. 1. Misbehavior of an officer of a court in the
(Lorenzo Shipping Corp. vs. Distribution performance of his official duties or in his
Management Assoc., GR no. 155849, August 31, official transactions;
2011) 2. Disobedience of or resistance to a lawful
writ, process, order, or judgment of a
Q: What is the remedy against direct contempt? court, including the act of a person who,
A: The person adjudged in direct contempt by any after being dispossessed or ejected from
court may not appeal therefrom, but may avail any real property by the judgment or
himself of the remedies of certiorari or prohibition. process of any court of competent
The execution of the judgment shall be suspended jurisdiction, enters or attempts or induces
pending resolution of such petition, provided such another to enter into or upon such real
person files a bond fixed by the court which property, for the purpose of executing
rendered the judgment and conditioned that he will acts of ownership or possession, or in any
abide by and perform the judgment should the manner disturbs the possession given to
petition be decided against him. (Sec. 2, Rule 71; the person adjudged to be entitled
Canada vs. Suerte, 474 SCRA 379) thereto;
3. Any abuse of or any unlawful interference
Q: What is the remedy against indirect with the processes or proceedings of a
contempt? court not constituting direct contempt
A: A person adjudged in direct contempt may under section 1 of this Rule;
appeal from the judgment or final order of the court 4. Any improper conduct tending, directly or
in the same manner as in criminal cases. However, indirectly, to impede, obstruct, or degrade
the appeal will have the effect of suspending the the administration of justice;
judgment if the person adjudgment in contempt 5. Assuming to be an attorney or an officer
does not file a bond in an amount fixed by the of a court, and acting as such without
court from which the appeal is taken. This bond is authority;
conditioned upon his performance of the judgment 6. Failure to obey a subpoena duly served;
or final order if the appeal is decided against him. 7. The rescue, or attempted rescue, of a
(Sec. 11, Rule 71) person or property in the custody of an
officer by virtue of an order or process of
Q: How to commence contempt proceedings? a court held by him. (Sec. 3, Rule 71)
A: Proceedings for indirect contempt may be
initiated motu propio by the court against which the Q: When shall imprisonment be imposed?
contempt was committed by an order or any other A: When the contempt consists in the refusal or
formal charge requiring the respondent to show omission to do an act which is yet in the power of
cause why he should not be punished for the respondent to perform, he may be imprisoned
contempt. In all other cases, charges for indirect by order of the court concerned until he performs
contempt shall be commenced by a verified it. (Sec. 8, Rule 71). It is only the judge, who orders
petition with supporting particulars and certified the confinement of a person for contempt of court,
true copies of documents or papers involved who can issue the Order of Release. (Inoturan vs.
therein, and upon full compliance with the Limsiaco, Jr., 458 SCRA 48)
requirements for filing initiatory pleadings for civil
actions in the court concerned. If the contempt Q: What is the rule regarding contempt against
charges arose out of or are related to a principal quasi-judicial bodies?
action pending in the court, the petition for A: Unless otherwise provided by law, this Rule shall
contempt shall allege that fact but said petition apply to contempt committed against persons,
59
entities, bodies or agencies exercising quasi-

judicial functions, or shall have suppletory effect to
such rules as they may have adopted pursuant to
authority granted to them by law to punish for
contempt. The Regional Trial Court of the place
wherein the contempt has been committed shall
have jurisdiction over such charges as may be filed
therefor. (Sec. 12, Rule 71). The NLRC (and the
labor arbiters) may hold any offending party in
contempt, directly or indirectly, and impose
appropriate penalties in accordance with law. The
penalty for direct contempt consists of either
imprisonment or fine, the degree or amount
depends on whether the contempt is against the
Commission of the labor arbiter. (Art. 218, Labor
Code). However, the LCP requires the labor arbiter
or the NLRC to deal with indirect contempt in the
manner prescribed under Rule 71, ROC.
60

2020 Reviewer in Civil Procedure

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REVIEWER IN CIVIL PROCEDURE

By Aaron Lance C. Morillo

Secretary of Justice, GR no. 13260, January

Q: Distinguish: Original, Appellate, General,

Jurisdiction to take Jurisdiction or the

Over the Subject The power or This is conferred

Q: What is the meaning of special civil actions?

This is a matter of This is a matter of Q: What is the meaning of criminal actions?

III. Civil Procedure Q: Distinguish: Right of action and Cause of

Q: What is the test of the sufficiency of a cause

Q: What is the effect of splitting a single cause INDISPENSABLE NECESSARY

defendants resides, at the election of the plaintiff. If 3. Counterclaim;

Q: What is the venue of actions for non- Q: What is a Complaint?

matters alleged by way of defense in the answer

claims to be the facts. A mere specific denial of the

under Sec. 3, Rule 9. While the effect of the failure

MODE OF FILING HOW PROVEN? By other By an affidavit of

Q: How is service proven?

By Registered By the registry receipt and HOW SERVICE IS PROVEN?

By Accredited By an affidavit of service

Accredited Courier By an affidavit of

Q: What is a supplemental pleading?

Q: What is the meaning of Summons?

Q: What is the Omnibus Motion Rule?

4. Motion to (None) court. The bill of particulars or a more definite

Q: What is dismissal by mere notice of

It is set when the It is ordered by the

d. The intervenor’s rights may not

Sunday, or a legal holiday in the place where the

Q: What is the scope of examination? Q: When may objections to admissibility be

Q: What is the effect of denying a demurrer to

A: Should there be no more controverted facts, or

Period of resolving the motion:

Within 30 days from the time it is submitted for

Remedy when the motion is denied:

RECORD ON APPEAL; FORM AND CONTENTS EFFECT OF PERFECTION OF APPEAL:

HOW TO APPEAL: - However, before the Court of Appeals gives

REVIEW OF THE RESOLUTION OF THE SECRETARY

EFFECT OF FAILURE TO COMPLY WITH

A: These must be duly filed with the court before the

judgment obligor, or owing debts to the

Q: What is the definition of a preliminary

A: denied, or, if granted, may be dissolved, on other

dispose of it according to the judgment, or 6. To make transfer;

A. Interpleader: Q: Who may file action?

Q: What are similar remedies? Rule 64 Rule 65

Q: What is consolidation of ownership? remaining period, but

Q: What is the action upon commissioners’ Q: What is a real estate mortgage?

Q: What are the rules regarding order for

upon the partition. If they cannot partition the

Q: How to stay the immediate execution of J. Contempt:

entities, bodies or agencies exercising quasi-

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