Remedial Law Pt1 by Dean F. Tan

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2020
ONLINE AND
PRE-BAR REVIEW
PROGRAM
NOTES IN REMEDIAL LAW
Part I
BY
DEAN FERDINAND A. TAN, LL.M.
President and Managing Director
ACADEMICUS REVIEW CENTER INC.
Former Dean, San Sebastian College of Law

Former Commissioner, Commission on Bar Integrity and Discipline (CBID)
Former Asst. Treasurer, Philippine Association of Law Schools (PALS)
Professorial Lecturer in Remedial Law

(DLSU College of Law, Lyceum College of Law, Adamson University College of Law, University of Sto.
Tomas Faculty of Civil Law, University of Makati College of Law; Formerly at San Sebastian College of
Law, and PUP College of Law
Member Expert Committee in Remedial Law: UP Law Center Inc.
Book Author: Civil Procedure A Guide for the Bench and the Bar; Special Proceedings An In-depth Study
for the Bench and the Bar; Criminal Procedure A Comprehensive Approach for the Bench and the Bar;
Evidence A Compendium for the Bench and the Bar; Handbook on Continuous Trial, Judicial Affidavit &
Plea Bargaining, Judicial Affidavit Rule, Features and Insights
National Bar Reviewer

Academicus Review Center Inc., UP Law Center Inc., University of Cebu Review Center, Lex Patriae
Review Center Inc., Powerhouse Review Center Inc., and Arellano Law Foundation Inc.,
(Formerly Recoletos Review Center, Villasis Review Center Inc., Uno-R Review Center, CRC Review
Center Inc., CPRS Review Center, Knowledge Power Review Center, Jurist Review Center Inc., Siliman
University, University of Pangasinan)
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T A N T A M O U N T T O I N T E L L E C T U A L P R O P E R T Y R I G H T S I N F R I N G E M E N T
PREPARED BY: DEAN FERDINAND A. TAN
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I. LEGAL BASIS:
1) 1987 Philippine Constitution

2) 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)
3) B.P. 129- Judiciary Reorganization Act of 1980
4) R.A. 7691- An Act Expanding the Jurisdiction of the Metropolitan Trial Court, Municipal Trial
Court, Municipal Circuit Trial Court
5) R.A. 10660, Providing for the Jurisdiction of Sandiganbayan in civil cases;
6) R.A. 9282- An Act creating the office of the Court of Tax Appeals and defining its jurisdiction;
7) P.D. 1083- Code of Muslim Personal Laws of the Philippines
8) Republic Act No. 8369- An Act Establishing Family Courts, Granting Them Exclusive Original
Jurisdiction Over Child and Family Cases;
9) R.A. 7160- The Local Government Code of 1990, particularly Sections 399 – 422 - on Referral
to the Barangay for conciliation;
10) A.M. No. 08-8-7-SC- Revised 2016 Rules on Small Claims, as amended
11) 1991 Revised Rules on Summary Procedure
12) A.M. No. 10-3-10-, Rules of Procedure for Intellectual Property Cases SC (Effective October
18, 2011);
13) A.M. No. 09-6-8- Special Rules on Environmental Cases (effective April 29, 2010),;
14) A.M. No. 12-8-8-SC- Judicial Affidavit Rule;
15) A.M. No. 07-9-12-Sc, October 24, 2007) Rules on The Writ Of Amparo October 24, 2007)
16) A.M. No. 08-1-16-SC, Application of the Rules on Writ of Habeas Data (February 2, 2008);
17) A.M. No. 004-0-SC on the Rule on the Examination of Child Witness;
18) A.M. No. 11-9-4-SC- Efficient Use of Paper Rule (effective January 1, 2013);
19) A.M. No. 06-11-5-SC- DNA Evidence Rule
20) A.M. 01-7-01-SC - Electronic Evidence Rule
21) Judicial decisions.
22) Doctrines and principles
Q: How would you present the above-enumerated legal basis in your answer?
SAMPLE OF PRELIMINARY STATEMENT:
1) “Under the Sec. 1, Art. III of the 1987 Constitution.” Or “Under the pertinent provision
of the 1987 Constitution. “Cite the provision of the Constitution” then apply in the
problem.
2) “As clearly provided by Sec. 19 of B.P. 129” or “As expressly provided by the pertinent
provision of B.P. 12, “(Cite the provision of B.P. 129)”
3) “As mandated by the Sec. 3 of the Revised 2016 Rules of Small Claims Cases” Or “As
provided by the rules promulgated by the Honorable Supreme Court “(Cite the
provision of the rules)” then APPLY IN THE GIVEN PROBLEM.
4) “In the case of Neypes vs. Court of Appeals, the Honorable Supreme Court held that” Or
“In a long line of case decided by the High Court, it ruled that” or “Well settled is the
rule that “Cite the ruling or principles, then APPLY IN THE PROBLEM:
EXAMPLE OF BAR EXAMINATION QUESTION:
QUESTION:
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A filed a suit against B for Recovery of possession of real property. B filed a Motion to
Dismiss on the ground of lack of jurisdiction over the subject matter. The court denied the
motion. B filed a petition for certiorari. During the pendency of the petition A filed a motion to
declare B in default which was granted by the court.
a) Is the order of default proper? Why? Basis. (5 pts.)
SAMPLE ANSWER TO THE QUESTION: (ONE PARAGRAPH RULE):
a) Yes, the issuance of the order of default is valid. Under Sec. 7, Rule 65 it is clearly
provided that the mere filing of a petition for certiorari does not stop the proceedings below,
unless the court issues a temporary restraining order or writ of preliminary injunction. B has not
filed his Answer to the complaint which is mandatorily required under Rule 11, otherwise he
shall be declared in default under Sec. 3, Rule 9, neither the higher court issued a temporary
restraining order or writ of preliminary injunction.
SAMPLE ANSWER TO THE QUESTION: (THREE PARAGRAPH RULE):
a) Yes, Order of default is valid.
Under Sec. 7, Rule 65 it is clearly provided that the mere filing of a petition for certiorari
does not stop the proceedings below, unless the court issues a temporary restraining order or
writ of preliminary injunction, while Sec. 3, Rule 9 prescribe that failure to filed an Answer within
the period prescribed by Rule 11, will result to the declaration of default on the part of the
defendant. Applying the above provision of the rules in the case at bar, it will readily show that B
has not filed his Answer to the complaint which is mandatorily required under Rule 11,
otherwise he shall be declared in default under Sec. 3, Rule 9, neither the higher court issued a
temporary restraining order or writ of preliminary injunction to stop the proceedings below or
for the defendant to be declared in default.
Therefore, the Order of Default by the defendant issued by the court is but proper and
imperative under the given facts of the case.
CIVIL PROCEDURE
A. PRELIMINARY CONSIDERATION
I. CONSTITUTIONAL PROVISIONS:
1) Sec. 1, Art III: Due Process of Law
“No person shall be deprived of life, liberty, or property without

due process of law, x x x"
Q: What is the essence of due process?
A: The essence of procedural due process is found in the reasonable opportunity to be heard and
submit one’s evidence in support of his defense. (PDIC vs. Philippine Countryside Rural Bank, Inc., G.R.
No. 1746438, January 24, 2011, 640 SCRA 322)
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Q: What is the effect in case of violation of the right to due process of law?
A: In case of violation of the right to due process, then the judgment, order or resolution or the
proceedings may be nullified since it is tainted with grave abuse of discretion amounting to lack or in
excess of jurisdiction.
Q: What is the remedy of the aggrieved party?
A: Petition for certiorari under Sec. 1, Rule 65
Example: Party was not duly notified of the hearing on the Motion for Reconsideration filed by
the adverse party, and the court made a ruling without giving them the opportunity to oppose.
Therefore, there exist grave abuse of discretion in issuing the order and for being interlocutory in
character and therefore, not appealable under Sec. 1,(b) Rule 41, hence, petition for certiorari under
Rule 65 is an available remedy.
2) Sec. 1, Art III: Equal Protection before the Laws
“Nor any person be denied equal protection before the laws. x x.”
Q: What is the essence of equal protection before the laws?
A: Equal protection simply provides that all persons or things similarly situated should be
treated in a similar manner, both as to rights conferred and responsibilities imposed. The purpose
of the equal protection clause is to secure every person within a state’s jurisdiction against intentional
and arbitrary discrimination, whether occasioned by the express terms of a statute or by its improper
execution through the state’s duly constituted authorities. In other words, the concept of equal justice
under the law requires the state to govern impartially, and it may not draw distinctions between
individuals solely on differences that are irrelevant to a legitimate government objective. (Bureau of
Customs Employee Association vs. Teves, G.R. No. 181704, December 6, 2011)
Q: What is the remedy of the adverse party?
A: Raise the validity or constitutionality of the law as one of the issues in the same court where the case
is pending for being violative of the constitutional provision on equal protection before the law.
Q: What is the effect case of violation of the right of equal protection?
A: The law, acts, judgment, order, resolution of the court or tribunal may be questioned on during the
proceedings in the trial court or it can be raised on appeal and praying that it should be nullified for
being violative of the Constitutional mandate on equal protection before the laws.
3) Sec. 9, Art III: Right to Eminent Domain
"No private property shall be taken for public use without payment of just compensation.”
TAKE NOTE: The above-cited provision must be correlated with Rule 67 of the 1997 Rules on Civil
Procedure on Expropriation Proceedings. It also provides for the basic requirements for the taking of
the property by the State, whether personal or real property. for public use, only upon payment of just
compensation.
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Q: What is the remedy in case of adverse decision?
A: The aggrieved party may file an appeal to the Court of Appeals under Rule 41, by way of record on
appeal within thirty (30) days from receipt of the adverse judgment or notice of the order denying a
motion for reconsideration, plus the payment of the corresponding appeal docket and other lawful fees.
Q: Will the filing of appeal stay the entry and expropriation of the property?
A: No, it is expressly provided under Sec 11, of Rule 67 that “The right of the plaintiff to enter upon
the property of the defendant, and appropriate the same for public use and purpose shall not be
delayed by appeal from the judgment.
4) Sec. 11, Art III: Free Access to Courts and Legal Assistance:
“Section 11. Free access to courts and quasi-judicial bodies and adequate legal assistance shall
not be denied by reason of poverty.”
TAKE NOTE: The above-cited provision must be correlated with Sec. 21, of Rule 3 of the 1997 Rules of
Civil Procedure, and Sec. 19, Rule 141 on the requirements for the declaration of indigency by the court.
Q: May a pauper litigant initiate an action or defend himself before the court without payment
any fees?
A: Yes, because it is a Constitutional mandate that “Free access to courts and quasi-judicial bodies and
adequate legal assistance shall not be denied by reason of poverty.
Q: Can the court declare a party as indigent ex-parte?
A: Yes, under Sec. 21, Rule 3 of the 1997 Rules on Civil Procedure, as amended expressly provides
that “ A party may be authorized to litigate his action, claim or defense as indigent if the court,
upon ex-parte application and hearing , is satisfied that the party is one who has no money or
property sufficient and available for food, shelter and basic necessities for himself, and the
family.
5) Sec. 16, Art III: Right to Speedy Disposition of Cases:
“Sec. 16. All person shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.”
Q: What is the coverage of the application of the right to a speedy disposition of cases?
A: The constitutional right to a “speedy disposition of cases” is not limited to the accused in criminal
proceedings but extends to all parties in all cases, including civil and administrative cases, and in all
proceedings, including judicial and quasi-judicial hearings. (Roquero vs. Chancellor of UP-Manila, G.R. No.
181851, March 9, 2010, 614 SCRA 723)
Q: What are the distinctions between right to speedy disposition of cases and right to speedy
trial?
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Right to speedy disposition of cases Right to speedy trial

a) It is a constitutional right. a) It is a statutory right.
b) It is applicable in all cases whether civil, criminal, b) It is a criminal concept and therefore
special proceedings or administrative cases. it is applicable in criminal case.
c) It covers the stage from commencement of the c) It covers the stage of the period of
case up to its final termination presentation of evidence or trial.
6) Sec. 30, Art VI: Power of the Congress to enact Law increasing the Appellate Jurisdiction of
the Supreme Court:
“Sec. 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.”
Q: Can a direct appeal to the Supreme Court from the decision of the Ombudsman be made?
A: No. The provision of Sec. 27 of R.A. 6770 (The Ombudsman Act of 1987) insofar as it allowed a direct
appeal to the Supreme Court was declared unconstitutional being one which increased the appellate
jurisdiction of the Supreme Court, was enacted without the advice and concurrence of the Court. (Fabian
vs. Desierto, 356 SCRA 787)
Q: What is the remedy in case of adverse Resolution of the Office of the Ombudsman in criminal
cases? (2015 Bar Examination)
A. The remedy is to file a petition for certiorari before the Supreme Court under Rule 65 since there is
no more plain, adequate remedy, or appeal in the ordinary course of law due to the nullification of Sec.
27 of R.A. 6770 due to constitutional infirmity.
7) Sec. 18, Art VII: Review of the Proclamation of Martial Law and Suspension of the Privilege of
the Writ of Habeas Corpus:
“Sec. 18. (third par.) The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension
of the privilege of the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.”
Q: Can the Supreme Court review the factual basis of the proclamation of martial law or the
suspension of the privilege of habeas corpus?
A: Yes, as mandated by Sec. 18, Art. VII of the Constitution that “The Supreme Court may review, in
an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation
of martial law or the suspension of the privilege of the writ or the extension thereof”
Q: What is the meaning of “in an appropriate proceeding”?
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It could not have been the intention of the framers of the Constitution that the phrase “in an
appropriate proceeding” would refer to a Petition for Certiorari pursuant to Section 1 or Section 5 of
Article VIII. The standard of review in a petition for certiorari is whether the respondent has committed
any grave abuse of discretion amounting to lack or excess of jurisdiction in the performance of his or her
functions. Thus, it is not the proper tool to review the sufficiency of the factual basis of the
proclamation or suspension. It must be emphasized that under Section 18, Article VII, the Court is
tasked to review the sufficiency of the factual basis of the President’s exercise of emergency powers.
Put differently, if this Court applies the standard of review used in petition for certiorari, the same
would emasculate its constitutional task under Section 18, Article VII.
To conclude that the “appropriate proceeding” refers to a Petition for Certiorari filed under the
expanded jurisdiction of this Court would, therefore, contradict the clear intention of the framers of the
Constitution to the place additional safeguards against possible martial law abuse for, invariably, the
third, paragraph of Section 18, Article VII would be subsumed under Section 1 of Article VIII. In other
words, the framers of the Constitution added the safeguard under the third paragraph of Section 18,
Article VII on top of the expanded jurisdiction of this Court.
The jurisdiction of this Court is not restricted to those enumerated in Section 1 and Section 5 of
Article VIII. For instance, its jurisdiction to be the sole judge of all contests relating to the election,
returns, and qualifications of the President of Vice-President can be found in the last paragraph of
Section 4, Article VII. The power of the Court to review on certiorari the decision, order, or ruling of the
Commission on Elections and Commission on Audit can be found in Section 7, Article IX(A).
(Representatives Edcel C. Lagman, Tomasito S. Villarin, Gary C. Alejano, Emmanuel A. Billones and Teddy
Brawner Baguilat, Jr., vs. Hon. Salvador C. Medialdea, Executive Secretary, G.R. No. 231658, July 4, 2017)
8) Sec. 1, Art VIII: Expanded definition of Judicial Power (2007 Bar Exam)
“Judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.’’
Q: To whom judicial power is lodged?
A: Judicial power shall be vested in one Supreme Court and in such lower courts as may be established
by law
Q: What is judicial power? (2007 Bar Examination)
A: Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
9) Sec. 2, Art VIII: Power of the Congress to Prescribe the Jurisdiction of Courts
“Sec. 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction
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of the various courts but may not deprive the Supreme Court of its jurisdiction over cases
enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.”
Q: Can the Congress enact a law prescribing the jurisdiction of the courts?
A: Yes, as provided under the above provision of Constitution, the Congress shall have the power to
define, prescribe, and apportion the jurisdiction of the various courts.
Q: What are the limitations?

a) Congress cannot deprive the Supreme Court of its jurisdiction over cases enumerated in Sec. 5
of Art. VIII of the Constitution:
b) No law shall be passed reorganizing the Judiciary when it undermines the security of tenure
of its Members.
Q: Example?
1) B.P. 129- Judiciary Reorganization Act of 1980
2) R.A. 7691- An Act Expanding the Jurisdiction of the Metropolitan Trial Court, Municipal Trial
Court, Municipal Circuit Trial Court
3) R.A. 10660, Providing for the Jurisdiction of Sandiganbayan in civil cases;
4) R.A. 9282- creating the office of the Court of Tax Appeals and defining its jurisdiction
10) Sec. 4 (2), Art VIII: Cases decided by the Supreme Court En Banc
“2. All cases involving the constitutionality of a treaty, international or executive

agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon.”
Q: What are the cases which will be decided by the Supreme Court en banc?
A: (1) All cases involving the constitutionality of a treaty, international or executive agreement, or
law; and
(2) All other cases which under the Rules of Court are required to be heard en banc, including
those involving the constitutionality, application, or operation of presidential decrees, proclamations,
orders, instructions, ordinances, and other regulations.
11) Sec. 5, (1), Art VIII: Original Jurisdiction of the Supreme Court
“Sec. 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto,
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and habeas corpus. x x x.”
Q: What are the cases falling under the original jurisdiction of the Supreme Court?
A: a) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls;
b) Over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus;
c) Over petition for writs of Amparo, habeas data, writ of kalikasan and continuing mandamus.
11) Sec. 5, (2), Art VIII: Review and Appellate Power of the Supreme Court
“(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.”
TAKE NOTE: The above provision should be correlated with Rule 45 on Petition for Review on
Certiorari and under Rule 65 on Petition for Certiorari.
1) Q: Can the issue of constitutionality be raised in a petition for certiorari?
A: Yes, The High Court has unequivocally declared that certiorari, prohibition and mandamus are
appropriate remedies to raise constitutional issues and to review and/or prohibit/nullify, when proper,
acts of legislative and executive officials, as there is no other plain, speedy or adequate remedy in the
ordinary course of law. (James M. Imbong et al vs. Hon. Paquito N. Ochoa, Jr., et al (en banc) G.R. No.
204819, April 8, 2014)
12) Sec. 5, (5), Art VIII: Rule-Making Power or Judicial Legislation of the Supreme Court
“(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleadings, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.”
TAKE NOTE: The Constitutional basis of the power of the Supreme Court to promulgate all rules of
procedure through administrative circulars is found under Sec. 5, par. 5 of Article VIII of the 1987
Constitution on its Rule Making Power or Power of Judicial Legislation.
Q: What is a writ of amparo? What is the constitutional basis? (1991 Bar Examination)
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What is plea bargaining? What is the constitutional basis?
A: a) x x x x
b) The Constitutional basis is the power of the Supreme Court to promulgate rules and
regulations for the enforcement and protection of the constitutional rights, pleadings practice,
and procedure in all courts under Se . 5 (5), Art VIII of the Constitution.
Q: Can the Supreme Court amend, repeal, or establish new rules?
A. The Supreme Court has the power to amend, repeal or even establish new rules for a more simplified
and inexpensive process, and the speedy disposition of cases. (Neypes vs. Court of Appeals, 469 SCRA 633)
Q: Can the Supreme Court declare Sec. 23 of R.A. 9165 prohibiting plea bargaining in drug cases?
A: Yes, the constitutional power of the Supreme Court to promulgate rules of practice and procedure to
amend or repeal the same necessarily carries with it the power to overturn judicial precedents on
points of remedial law through the amendment of Supreme Court.
At this point, We shall not resolve the issue of whether Section 23 of R.A. No. 9165 is contrary to
the constitutional right to equal protection of the law in order not to preempt any future discussion by
the Court on the policy consideration behind Section 23 of R.A. 9165. Pending deliberation on whether
or not to adopt the statutory provision In toto or a qualified version thereof, We deem it proper to
declare as invalid the prohibition against plea bargaining on drugs cases until and unless it is
made part of the rules of procedure through an administrative circular duty issued for the
purpose. (Salvador Estipona, JR. Y Asuela, vs. Hon Frank E. Lobrigo, Presiding Justice of the Regional Trial
Court , Branch 3, Legazpi City, Albay and the People of the Philippines, G.R. No. 226679, August 15, 2017)
12) Sec. 14, Art VIII: Constitutional Requirement of Judgment/ Final Orders/Resolution
“No court shall render a decision without stating clearly and distinctly the facts and the
law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall
be refused due course or denied without stating the legal basis therefor.”
Q: What is the effect if the judgment does not comply with the constitutional and procedural
requirement for the validity of a judgment or final order?
A: Decision must state clearly and distinctly the facts and the law from which the decision was based
component of due process and fair play leaves the parties in the dark as to how it was reached and is
precisely prejudicial to the losing party, who is unable to pinpoint the possible errors of the court for
review by a higher tribunal, and therefore can be declared as null and void, on appeal for violative of the
right of the party to due process of law and fair play. (Enrique G. De Leon Vs. People of the Philippines and
SPO3 Pedrito L. Leonardo G.R. No. 212623. January 11, 2016, J. Mendoza)
12) Sec. 7, Art IX-A: Review of the Judgment/ Final Orders of the Constitutional Commissions
“Unless, the Constitution or the law otherwise provides, decision of the constitutional
commission shall be reviewed by the Supreme Court by way of petition for certiorari within thirty
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(30) days from receipt thereon.”
TAKE NOTE: The above provision should be correlated with Rule 64 on Petition for Certiorari under
Rule 65 in relation to Rule 64 from the decision, final order or resolution of the COMELEC En Banc or
Commission on Audit.
Q: May an Interlocutory order issued by COMELEC Division be subject of petition for certiorari
under Rule 64?
A: NO. A party aggrieved by an interlocutory order issued by a Division of the Commission on Elections
(COMELEC) in an election protest may not directly assail the order in this Court through a special
civil action for certiorari. The remedy is to seek the review of the interlocutory order during the appeal
of the decision of the Division in due course. (Douglas Cagas vs. Commission on Elections and Claude
Bautista, G.R. No. 194139, January 24, 2012, BERSAMIN, J)
Q: What is the proper remedy in case of adverse decision of the COA or Comelec?
A. File a petition for certiorari under Rule 65 in relation to Rule 64 to the Supreme Court within thirty
(30) days from notice of the judgment or resolution or from order denying the motion for
reconsideration or new trial.
II. JURISDICTION OF VARIOUS COURTS:
Court of Appeals
Original Jurisdiction (Sec. 9, B.P. 129)
1) Q: What are the cases falling under the original jurisdiction of the Court of Appeals under the
law?
A: The Court of Appeals shall exercise original jurisdiction over the following cases, to wit:
a) Petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus; (SEC. 9, B.P. 129)
2) Q: What are the other cases falling under the original jurisdiction of the Court of Appeals under
existing rules?
A: a) Petition for Writ of Amparo (A.M. No. 07-9-12-SC);

b) Petition for Habeas data (A.M. No. 08-1-16-SC);
c) Petition for Writ of Continuing Mandamus (Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. No. 09-6-8-SC);
d) Petition for Writ of Kalikasan (Sec. 12, Rule 7, Part III of Rules of Procedure in Environmental
Cases, A.M. No. 09-6-8-SC);
e) Petition for freeze order on any monetary instrument, property, or proceeds relating to or
involving any unlawful activity as defined under Sec. 3(j) of Republic Act No. 9160 as amended by
Republic Act No. 9194. (Sec. 44 of A.M. No. 05-11-04-SC, December 15, 2005)
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b. Appellate Jurisdiction (Sec. 9, B.P. 129)
3) Q: What are the cases falling under the exclusive appellate jurisdiction of the Court of Appeals?
A: The Court of Appeals shall exercise exclusive appellate jurisdiction over:
1) Decision and final orders of the Regional Trial Court in the exercise of its original jurisdiction (Sec.
2 (a), Rule 41 of the 1997 Rules of Civil Procedure);
2) Decision and final orders of the Regional Trial Court in the exercise of its appellate jurisdiction
(Sec. 1, Rule 42);
3) Decision and final orders of the Metropolitan Trial Courts, Municipal Trial/Municipal Circuit Trial
Courts in delegated jurisdiction over land registration and cadastral cases (Sec. 34, B.P. 129)
4) Decision of the Shari’ah District Courts in the absence of the station of the Shari’ah Appellate
Courts;
5) All decisions and final orders rendered by the Regional Trial Court in case of violation of
Intellectual Property Code shall be appealable to the Court of Appeals through a petition for
review under Rule 43 of the Rules of Court. (Sec. 2, Rule 9, of the Rules of Procedure for Intellectual
Property Rights Cases, A.M. No. 10-3-10-SC, October 18, 2011)
6) Awards, judgment, final orders or resolution of quasi- judicial bodies (Sec. 1, Rule 43) such as:
a) Civil Service Commission;
b) Securities and Exchange Commission;
c) Office of the President;
d) Land Registration Authority;
e) Social Security Commission;
f) Civil Aeronautics Board;
g) Bureau of Patents Trademarks and Technology Transfer;
h) National Electrification Administration;
i) Energy Regulatory Board;
j) National Telecommunications Commission;
k) Department of Agrarian Reform;
l) Government Service Insurance System;
m) Employees Compensation Commission;
n) Agricultural Inventions Board;
o) Insurance Commission;
p) Philippine Atomic Energy Commission;
q) Board of Investments;
r) Construction Industry Arbitration Commission;
s) Voluntary Arbitration:
t) Decision of the Office of the Ombudsman in administrative cases. (Office of the Ombudsman vs.
Romeo A. Liggayu, G.R. No. 174297, June 20, 2012; Office of the Ombudsman vs. Heirs of Margarita Vda. De
Ventura, G.R. No. 151800, November 5, 2009)
3. Sandiganbayan (R.A. 10660)
a. Exclusive Original Jurisdiction (Sec. 4, R.A. 10660)
1) Q: What are the cases falling under the exclusive jurisdiction of the Sandiganbayan in civil
cases?
A: The Sandiganbayan shall exercise exclusive original jurisdiction in civil cases involving:
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a) Violations of Republic Act No. 1379;
a.1) Civil forfeiture proceeding under R.A. 1379 is civil nature. Forfeiture vs. plunder.
In Garcia v. Sandiganbayan, et al., this court re -affirmed the doctrine that forfeiture proceedings
under Republic Act No. 1379 are civil in nature. Civil forfeiture proceedings were also differentiated
from plunder cases:
. . . a forfeiture case under RA 1379 arises out of a cause of action separate and different from a
plunder case. In a prosecution for plunder, what is sought to be established is the commission of the
criminal acts in furtherance of the acquisition of ill-gotten wealth. On the other hand, all that the court
needs to determine, by preponderance of evidence, under RA 1379 is the disproportion of respondent’s
properties to his legitimate income, it being unnecessary to prove how he acquired said properties. As
correctly formulated by the Solicitor General, the forfeitable nature of the properties under the
provisions of RA 1379 does not proceed from a determination of a specific overt act committed by the
respondent public officer leading to the acquisition of the illegal wealth. To stress, the quantum of
evidence required for forfeiture proceedings under Republic Act No. 1379 is the same with other civil
cases — preponderance of evidence. When a criminal case based on demurrer to evidence is dismissed,
the dismissal is equivalent to an acquittal. (Republic of the Philippines Vs. Fe Roa Gimenez and Ignacio B.
Gimenez, G.R. No. 174373. January 11, 2016, J. Leonen)
b) Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-
A, issued in 1986.
c) over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
injunction and other ancillary writs and processes in aid of its appellate jurisdiction; and
d) Over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or
which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
4. Court of Tax Appeals
a. Exclusive Original Jurisdiction (Sec. 7, R.A. 9282)
1) Q: What are the cases falling under the exclusive original jurisdiction of the Court of Tax
Appeals?
A: Court of Tax Appeals shall have exclusive original jurisdiction over:
1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments
for taxes, fees, charges, and penalties: Provided, however, that collection cases where the principal
amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos
(P1,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court and
Regional Trial Court. (Sec. 7, par. © R.A. 9282)
5. Regional Trial Court
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a) Original Jurisdiction (Sec. 21, B.P. 129)
1) Q: What are the cases falling under the original jurisdiction of the Regional Trial Court?
The Regional Trial Court shall exercise original jurisdiction over the following cases, to wit:
(a) Actions involving ambassadors, public ministers and consuls;
(b) Over petition for certiorari, prohibition, mandamus, quo warranto, habeas corpus; (Sec. 21, B.P.
129)
2) Q: What are the other cases falling under the original jurisdiction of the Regional Trial Court
under existing rules:
A: a) Actions for annulment of judgment of the Municipal Trial Court (Sec. 10, Rule 47)
b) Petitions for writ of Amparo (A.M. No. 07-9-12-SC);
c) Petition for habeas data (A.M. No. 08-1-16-SC);
d) Petition writ of continuing mandamus. (Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. No. 09-6-8-SC)
b) Exclusive Original Jurisdiction (Sec. 19, B.P. 129)
1) Q: Give at least five (5) examples of cases falling within the exclusive original jurisdiction of
the Regional Trial Court in civil cases? (2016 Bar Exam)
A: Regional Trial Court has exclusive original jurisdiction over the following cases subject matter
is incapable of pecuniary estimation pursuant to Sec. 19 (a) of B.P. 129:
1) Action for specific performance;
2) Action for rescission of contract
3) Action for injunction;
4) Action for declaratory relief;
5) Action for reformation of instrument;
6)Action for consolidation of ownership;
7) Action for expropriation;
8) Action for support.
2) Q: In case of an action for the revival of judgment, which court has jurisdiction?
A: As an action to revive judgment raises issues of whether the petitioner has a right to have the final
and executory judgment revived and to have the judgment enforced and does not involve recovery of a
sum of money, we rule that jurisdiction over a petition to revive judgment is properly with the
RTCs. Thus, the CA is correct in holding that it does not have jurisdiction to hear and decide Anama’s
action for revival of judgment. (Douglas F. Anama, vs. CITIBANK, N.A. (formerly First National City
Bank), G.R. No. 192048, December 2017)
2. Actions involving title to, possession, or interest over a real property- Assess value exceeding
20th outside or 50th within Metro Manila
1) Q: Which court has jurisdiction over the action?
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A: Regional Trial Court or Metropolitan/Municipal Trial Court has exclusive original jurisdiction
over actions involving title to, possession, or any interest over a real property based on its
assessed value pursuant to Sec. 19 (b) of B.P. 129, as amended by R.A.7691:
1) Accion Publiciana – RTC/MTC depending on the assess value
2) Interpleader over real property – depending on the assess value
3) Quieting of title –RTC/MTC depending on the assess value
4) Action for foreclosure proceeding- RTC/MTC depending on the assess value
5) Action for partition over real property- RTC/MTC depending on assess value;
6) Action reinvindicatoria- RTC/MTC depending on the assess value
Basis of the Answer: Sec. 19 (2), B. P. 129, as amended by R.A. 7691
3.Probate proceeding-testate or intestate
- Testate or intestate proceeding where the gross value of the estate exceeds 300th outside
or 400th outside of Metro Manila.
-Basis of the Answer: Sec. 19 (4) B.P.129, as amended by R.A. 7691
6) Shari’ah District Court- Original/ Exclusive Original Jurisdiction
1) Q: Which court has jurisdiction over settlement of the estate of a Muslim decedent?
A: Settlement of the estate of Muslim – regardless of the amount and nature Sharia’h District
Court
All cases involving disposition, distribution and settlement of the estate of deceased Muslims,
Probate of wills, issuance of letters administration or appointment of administrators or executors
regardless of the nature or aggregate value of the property shall be under the exclusive original
jurisdiction of the Sharia’h District Courts. (Montaner vs. Shariah District Court, G.R. No. 174975,
January 20, 2009)
2) Interpleader and declaratory relief involving property of Muslims fall under the jurisdiction
of the Sharia’h District Court.
3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims
or the property involve belong exclusively to Muslims. (Art. 413 par. 2 (c) of P.D. 1083)
Basis of the Answer: Art. 413 of P.D. 1083, Code of Muslim Personal Laws of the Philippines.
Q: Can the Shari’ah District Court assumes jurisdiction over an action for recovery of possession
when one of the parties is not a Muslim?
A: NO. As a matter of law, Shari’a District Courts may only take cognizance of a real action “wherein the
parties involved are Muslims.” Considering that one of the parties involved in this case is not a Muslim,
respondent Fifth Shari’a District Court had no jurisdiction to hear, try, and decide the action for recovery
of possession of real property. The judgment against Vivencio is void for respondent Fifth Shari’a District
Court’s lack of jurisdiction over the subject matter of the action. (Vivencio B. Villagracia vs. Fifth (5th)
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Shari’a District Court and Roldan E. Mala, Represented by his father Hadji Kalam T. Mala, G.R. No. 188832;
April 23, 2014, J. Leonen)
Regional Trial Court Acting as a Special Commercial Court
1) Intra-corporate dispute falls under the exclusive jurisdiction of the Regional Trial Court.
In intra-corporate dispute involving a corporation under sequestration of the Presidential
Commission on Good Government (PCGG) falls under the jurisdiction of the Regional Trial Court (RTC),
not the Sandiganbayan. (Philippine Overseas Telecommunications Corp. and Philcomsat vs. Victor
Africa, G.R. No. 184622, July 3, 2013, Bersamin)
Basis of the Answer: Sec. 5.2 of R.A 8799 or the Securities Regulation Code
a.1) Take Note: The rule providing that a petition for review under Rule 43 of the Rules of Court is the
proper mode of appeal in intra-corporate controversies, as embodied in A. M. No. 04-9-07-SC, has been
in effect since October 15, 2004. (Philippine Overseas Telecommunications Corp. and Philcomsat vs. Victor
Africa, G.R. No. 184622, July 3, 2013, Bersamin)
Basis of the Answer: A. M. No. 04-9-07-SC
2) Action for violation of Intellectual Property Code i.e. Copyright, Unfair Competition, Patent,
etc.
Regional Trial Court has exclusive original jurisdiction over action for violation of Intellectual
Property Code.
Take Note; In case of adverse decision of the RTC the remedy of the aggrieved party is to file a petition
for review under Rule 43 since it absorbs the jurisdiction of the Intellectual Property Office exercising
quasi-judicial functions.
Basis of the Answer: Special Rules on Intellectual Property Rights Cases;
Regional Trial Court Acting as Land Registration Court
Q: Which court has jurisdiction over judicial reconstitution of Torrens Title?
A: A petition for the judicial reconstitution of a Torrens title falls under the exclusive original
jurisdiction of the Regional Trial Court and must strictly comply with the requirements prescribed in
Republic Act No. 26; otherwise, the petition should be dismissed. (Saint Mary Crusade to Alleviate Poverty
of Brethen Foundation Inc. vs. Hon. Teodoro Riel, G.R. No. 176508, January 12, 2015, Bersamin)
Regional Trial Court Acting as an Agrarian Court
Q: Which court has jurisdiction over determination of just compensation over agricultural lots?
A: A branch of an RTC designated as a Special Agrarian Court for a province has the original and
exclusive jurisdiction over all petitions for the determination of just compensation in that
province. In Republic v. Court of Appeals, the Supreme Court ruled that Special Agrarian Courts have
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original and exclusive jurisdiction over two categories of cases: (1) all petitions for the determination of
just compensation to landowners, and (2) the prosecution of all criminal offenses under R.A. 6657. (Land
Bank of the Philippines vs. Corazon M. Villegas, G.R. No. 180384, March 26, 2010)
4. Action for recovery of personal properties where the value exceeds 300th outside or 400th
within Metro Manila
1) Q: Which court has jurisdiction?
A: Regional Trial Court or Metropolitan/Municipal Trial Court has exclusive original jurisdiction over
actions recovery of personal property based on its value pursuant to Sec. 19 B.P. 129, as amended by
R.A.7691:
1) Action for Replevin- RTC or MTC depending on the value of the personal property to be
recovered;
2) Action for partition of personal property- RTC or MTC depending on the value of the personal
properties;
3) Action for Interpleader over personal properties – depending on the value of the personal
properties.
5. Action for claim for money, exclusive of damages, interest, attorney’s fees and cost of
litigation where the amount of the claim exceeds 300th outside or 400th within Metro Manila
A: Regional Trial Court or Metropolitan/Municipal Trial Court has exclusive original jurisdiction over
actions recovery of personal property based on its value pursuant to Sec. 19 B.P. 129, as amended by
R.A.7691:
Take Note: Apply the totality rule or add all the main claims EXCLUDE damages, interest, attorney’s fees
and cost of litigation expenses.
Example: Action for a sum of money P300,000. + 200,000.00 + damages of P200,000.00 + interest of
100,000.00 + attorney’s fees of P50,000.00. Which court has jurisdiction.
A: RTC since the total amount of the main claims exceeds P300,000.00/P400,000.00 excluding damages,
interest, or attorney’s fees in accordance with the provision of Sec. 19 (8) of B.P. 129, as amended by
R.A. 7691.
2) Q: Which court has jurisdiction over action for breach of contract and damages intended to
recover damages?
A: Action for breach of contract and damages when the subject matter is for the recovery of the amount
paid as a form of damages is one falling under the jurisdiction of RTC or MTC depending on value of the
claim pursuant to Sec. 19 of B.P. 129 as amended by R.A. 7691 which is 300th outside of Metro Manila or
400th Within Metro Manila. Considering that the amount of the claim exceeds 400th, therefore, it falls
within the exclusive original jurisdiction of the Regional Trial Court. (Spouses Romeo Pajares And Ida T.
Pajares, Vs. Remarkable Laundry And Dry Cleaning, Represented By Archemedes G. Solis, February 20,
2017, G.R. No. 212690, Del Castillo, J.)
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Basis of the Answer: Sec. 19 (8), B.P. 129, as amended by R.A. 7691.
TAKE NOTE: If the action is one for recovery of money or reimbursement of money arising from
contract, or damages arising from quasi-contract or delict, and the amount of the claim does not exceed
P400,000.00, the case is a Small Claims case and falls within the jurisdiction of the MTC/MCTC.
c) General and Special Jurisdiction of the Regional Trial Court
1) Q: What is the nature of the RTC’s exercise of Special jurisdiction?
A: Even if the RTC is designated as a Special Commercial Court/Family Court still it has general
jurisdiction and can entertain all actions/issues not withheld from its plenary powers not falling under
the jurisdiction of any court or tribunal or quasi- judicial body. Example. Issue concerning the
constitutionality of law, ordinance, rules and regulations involve in the case.
b) The matter of whether the RTC resolves an issue in the exercise of its general jurisdiction or
of its limited jurisdiction as a special court is only a matter of procedure and has nothing to do with the
question of jurisdiction. Moreover, it should be noted that Special Commercial Courts (SCCs) are still
considered courts of general jurisdiction. Section 5.2 of R.A. No. 8799, (Majestic Plus International, Inc.
Vs. Bullion Investment and Development Corporation/Majestic Pluc International, Inc. Vs. Bullion
Investment and Development Corporation, et al., G.R. No. 201017/G.R. No. 215289. December 5, 2016,
PERALTA, J.)
g) Metropolitan/ Municipal/Municipal Circuit Trial Courts
1) Ordinary Civil Actions (Sec. 33, B.P. 129 as amended by R.A. 7691
1) Q: What are the cases falling under the exclusive original jurisdiction of the Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial Courts?
A: Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court shall exercise
exclusive and original jurisdiction over ordinary civil actions, as follows, to wit:
1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the value of the personal
property, estate, or amount of the demand does not exceed Three hundred thousand pesos
(P300,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand
does not exceed Four hundred thousand pesos (P400,000.00), exclusive of interest, damages of
whatever kind, attorney’s fees, litigation expenses, and costs, the amount of which must be
specifically alleged;
2) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real
property, or any interest therein where the assessed value of the property or interest therein does
not exceed Twenty Thousand Pesos (P20,000.00) or, in civil actions in Metro Manila, where such
assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages
of whatever kind, attorney’s fees, litigation expenses and costs.
3) Settlement of the Estate of Small Value under Sec. 2, Rule 74.
2) Cases under the 1991 Rules on Summary Procedure
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1) Q: What are the cases falling under the Rules on Summary Procedure?
A: 1. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer (Sec. 33[2] of B.P.
129, as amended by R.A. 7691);
2) All other claims, except probate, amount of the claim not exceeding 100th outside and 200th
within Metro Manila.
Basis of the Answer: Sec. 33 of B.P. 129
3) Small Claims Cases
1) Q: What cases falls under Small claims?
A: Payment or reimbursement of money/claims or damages cases- Not exceeding 400th Pesos for;
Example: Action for a sum of money P100,000. + 50,000.00+ P25,000.00 + damages of P200,000.00 +
interest of 100,000.00 + attorney’s fees of P50,000.00. Which court has jurisdiction?
A: MTC/MCTC since the total amount of the main claims does not exceed P400,000.00 excluding
damages, interest, or attorney’s fees in accordance with the provision of Revised 2016 Rules on Small
Claims Cases, as amended.
Basis of the Answer: Revised 2016 Rules on Small Claims Cases, as amended
3) Special Jurisdiction (Sec. 35 of B.P. 129)
1) Q: What are the cases falling under the special jurisdiction of the MTC/MCTC?
A: a) Petition for habeas corpus; and

b) Application for bail in criminal cases in the province or the city where the absent Regional
Trial Judge sit.
Basis of the Answer: Sec. 35 of B.P. 129
4) Delegated Jurisdiction (Sec. 34 of B.P. 129)
1) Q: What are the cases falling under the delegated jurisdiction of the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts?
A: 1) Uncontested lots:
To hear and determine cadastral or land registration cases covering lots where there is no
controversy or opposition;
2) Contested lots:
Contested lots where the value of which does not exceed P100,000.00. The value of the land
shall be ascertained by the affidavit of the claimant or by the claimants if there are several, or from the
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tax declaration of the real property.
2) Q: What is the remedy in case of adverse decision of the MTC/MCTC in cadastral and land
registration cases in the exercise of its delegated jurisdiction?
A: Under Sec. 34 of B.P. 129, as amended, the decisions of the MTC in cadastral and land registration
cases “shall be appealable in the same manner as decisions of the regional trial courts” which is
an implied reference to Rule 41 of the Rules on Civil Procedure on appeals from decisions of the RTC to
the CA in the exercise of its original jurisdiction by way of notice of appeal within fifteen (15) days.
IV. LAW ON REFERRAL TO THE BARANGAY
1) Q: What is the rule on referral to Barangay for conciliation?
A: “Section 412. (a) No complaint, petition, action, or proceedings involving any matter within the
authority of the Lupon shall be filed or instituted directly or indirectly in court or in any other
government office for adjudication, unless there has been a confrontation between the parties before
the Lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified
by the Lupon Secretary as attested to by the Lupon or pangkat chairman or unless the settlement has
been repudiated by the parties thereto.”
2) Q: What are the exceptions? (SEC. 408, R.A. 7160)
A: “(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b)Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice.
Further, Sec. 412 (b) of the same Code provides:
Where parties may go directly to court. — The parties may go directly to court in the following
instances:
1) Where the accused is under detention;
2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and
4) Where the action may otherwise be barred by the statute of limitations.”
3) Q: What are the other instances where the party may file the case directly with the court
pursuant to Adm. Circ. No. 14-93
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A: The other cases where a party may resort to the filing of the case directly with the court without
referring the same with the barangay for conciliation are spelled out under Adm. Circular No. 14-93,
which are as follows, to wit:
a. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1)
year or a fine over five thousand pesos (P5,000.00);
b. Offenses where there is no private offended party;
c. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further continued, specifically the following:
c.1. Criminal cases where accused is under police custody or detention (See Sec. 412
[b][1], Revised Katarungang Pambarangay Law);
c.2. Petitions for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of his liberty or one acting in his behalf.
d. Actions coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support during the pendency of the action; and
e. Actions which may be barred by the Statute of Limitations.
Other exceptions to barangay referral:
1) Labor cases;
2) Disputes involving members of indigenous cultural communities (2016 Bar Exam);
3) Disputes involving violation of Comprehensive Agrarian Reform Act.
4) Q: Is it required that the case be referred to barangay for conciliation in case of intestate estate
proceedings?
A: NO. The above-cited provision of law applies only to cases involving natural persons, and not where
any of the parties is a juridical person such as corporation, partnership, corporation sole, testate or
intestate estate. Our Honorable Court in the case of Vda. De Borromeo vs. Pogoy, 126 SCRA 217, has
already ruled that: “Since the real party-in-interest in this case is the intestate estate which is a
juridical person, the plaintiff administrator may file the complaint in court without the same
being coursed to the barangay lupon for arbitration.”
5) Q: Is it required that the case be referred to the Barangay when respondent is a resident of
Hongkong:
A: Barangay conciliation not applicable in case respondent is a non-resident.
In its decision dated 28 March 2000, the trial court held that the case is not covered by the
barangay conciliation process since respondent is a resident of Hongkong. The trial court noted that
petitioner did not controvert respondent’s allegation that petitioner ejected respondent’s lodgers
sometime in March 1996 even if the contract of lease would expire only on 7 July 1996. The trial court
found untenable petitioner’s contention that subleasing the rented premises as a dwelling or as lodging
house. Thus, the trial court ordered petitioner to pay respondent actual damages of P45,000 for
respondent’s lost income from her lodgers for the months of April, May, and June 1996, and attorney’s
fees, P8,000. (Doris U. Sunbanun vs. Aurora B. Go, G.R. No. 163280, February 2, 2010)
6) Q: What Is the effect if the party failed to raise the issue of lack of barangay conciliation?
A. It is well-settled that the non-referral of a case for barangay conciliation when so required under the
law is not jurisdictional in nature and may therefore be deemed waived if not raised seasonably in a
motion to dismiss. (Fidel M. Bañares II, et al. vs. Elizabeth Balising, et al., G.R. No. 132624, March 13, 2000)
7) Q: What is the effect of failure to comply with the Referral to the Barangay?
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A: The case may be dismissed on the ground of “failure to comply with the condition precedent”
under Sec. 12, (j), Rule 8.
8) Q: What is the remedy of the defendant?
A. File an answer and raise the ground of “failure to comply with the condition precedent under Sec. 12,,
Rule 8 as an affirmative defense under the amended rules on Civil Procedure.
9) Q: What is the nature of the dismissal?
A. The dismissal is without prejudice to the refilling of the action under Sec. 13, Rule 15 under the
amended rules on Civil Procedure since it is not one of the grounds mentioned which bars the refiling of
the action.
10) Q: What is the remedy of the plaintiff?
A. Re-file the action considering that the dismissal is without prejudice to the refilling of the complaint
under Sec. 13, Rule 15.
11) Q: Can the complaint be dismissed on the ground of failure to refer the matter to the barangay
for conciliation on those cases falling under the Rules on Summary Proceeding?
A. Yes, as expressly provided under Sec. 19 (a) of the 1991 Rules on Summary Procedure which provides
that a Motion to Dismiss is a prohibited motion, except lack of jurisdiction, or failure to comply with the
preceding Section (Sec. 18- refers to Referral to the Lupon.
Law on Barangay in relation to the Rules on Small Claims Cases.
Sec. 4(c), of the Rules on Small Claims Cases (A.M. No. 08-8-7-SC), provides that:
“Sec. 4. Applicability. — c) The enforcement of a barangay amicable settlement or an

arbitration award involving money claim covered by this Rule pursuant to Sec. 417 of Republic
Act 7160, otherwise known as the Local Government Code of 1991.’’
II. ACTION (RULE 1)
1) Q: What are the Distinctions Between Civil Action, Criminal Action And Special Proceeding?
CIVIL ACTION CRIMINAL ACTION SPECIAL PROCEEDING
1. As to definition:
-One by which a party sues -One by which the State -A remedy by which a party seeks
another for the enforcement or prosecutes a person for an act to establish a status, a right, or a
protection of a right, or the or omission punishable by particular fact. (Sec. 1[c], Rule 1)
prevention or redress of a law. (Sec. 1[b] of Rule 1)
wrong. (Sec. 3, Rule 1)
2. As to governing rules:
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-Civil action is governed by -It is governed by Rules 110- -It is governed by Rules 72-109 of
Rules 1-71 127 of the Revised Rules of the Rules of Court, and rules on
Criminal Procedure, and rules ordinary civil actions only applies
on ordinary civil actions only in suppletory character.
applies in suppletory
character.
3. As to basis:
-A civil action is based on a -It is based on acts or -It is based on particular fact,
cause of action omission in violation of penal status or a right sought to be
laws. established.
4. As to the nature:
-The proceeding is adversarial -It is adversarial and -As a rule, it is non-adversarial,

since it involves two (2) prosecutorial in nature. except when there is an
contending parties oppositor/respondent.
5. As to parties:
-Parties in a civil action are the -Parties in a criminal action -Party in special proceeding is the
plaintiff and the defendant. In are the State and the accused, petitioner, except when opposed,
case of special civil action is and in case of preliminary the oppositor or respondent.
commenced by petition, investigation, the
parties are the petitioner and complainant and the
the respondent. respondent.
II. CAUSE OF ACTION (RULE 2)
1) Q: What is the Distinction Between Action, Cause Of Action, and. Right Of Action?
Action Cause of action Right of action

It is a suit filed in court The delict or wrongful act or The remedial right or right to relief
for the protection and omission committed by the granted by law to a party to institute an
enforcement of a right defendant in violation of the action against a person who has
and the prevention and primary rights of the plaintiff. committed a delict or wrong against
redress of a wrong. (Racoma vs. Fortich, et al., L- him. In civil actions, a right of action is
29380, June 10, 1971) the necessary consequence of a cause of
action, for the enforcement or
protection of a right or the prevention or
redress of a wrong; and so they say
2) Q: What is rule on splitting of cause of action? (Sec. 3, Rule 2)
A: Splitting of cause of action – one single cause of action - split into many cases.
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Ex. Violation of lease contract- one action is for unlawful detainer and another is for recovery of unpaid
rentals.
3) Q: What are the effects of splitting of cause of action?
A: It may result to Litis pendentia or barred by prior judgment.
4) Q: Can there be a motu propio dismissal of the case in case of splitting of cause of action?
A: Yes, if the splitting of cause of action results to either litis pendetia or barred by prior judgment it may
be dismissed on the inititiave of the court under Sec. 1, Rule 9.
5) Q: What is the remedy of the defendant in case of splitting of cause of action?
A: Defendant may file a motion to dismiss on the ground of litis pendentia or barred by prior judgment
under Sec. 12 (2) & (3) of Rule 15 of the amended rules on Civil Procedure.
6) Q: What is the nature of the dismissal?
A: The dismissal is with prejudice as clearly provided under Sec. 13, Rule 15.
7) Q: What is the Remedy of the plaintiff?
A: Plaintiff may appeal the order of dismissal since it is a final order and therefore appealable under Sec.
1, Rule 41.
8) Q: What are the distinctions Between Failure to State A Cause of Action (Rule 16) And Lack Of
Cause Of Action (Rule 33).
Failure to state a cause of action Lack of cause of action

a) Motion to dismiss based on failure to state a a) A demurrer is filed “after the plaintiff has
cause of action under Rule 16 is made “Within completed the presentation of his
the time for but before filing an answer.” evidence/rested its case.”
b) Failure to state a cause of action is b) Lack or insufficiency of cause of action is
determined simply on the basis of the predominantly based on the appreciation of
allegations in the complaint of the plaintiff. evidence.
c) Failure to state a cause of action may still
c) The court may however require an
be curable by an amendment of the pleading amendment during the presentation of
(Sec. 3, Rule 16) as a matter of right before a
evidence of the plaintiff, if evidence that is not
responsive pleading has been filed, even when
in issue is not objected to by the defendant, in
a motion to dismiss on such ground has been which case the evidence is deemed “impliedly
made by the defendant, the same not being a admitted” so an amendment is not really
“responsive pleading’’ under the rules. necessary to appreciate the evidence; or when
an objection was in fact made, but at the liberal
discretion of the court “if the presentation of the
merits of the action and the ends of substantial
justice will be sub-served thereby.” (Sec. 5, Rule
10)
d) If the motion to dismiss is denied, the d) If a demurrer is denied, the defendant shall
movant shall be required to file his answer have the right to present evidence.
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within the balance of the period to which he is

entitled at the time such motion was filed, but
in no case shall be less than five (5) days. (Sec.
4, Rule 16)
e) If a motion to dismiss on the ground of e) If a demurrer to evidence is granted, the
failure to state a cause of action has been dismissal is with prejudice, as the same is
granted, the dismissal is without prejudice considered a judgment on the merits of the
to the refiling of the action. case, hence, the remedy of the plaintiff is to
appeal from such judgment. Consequently, on
appeal, if the judgment was reversed, the
defendant shall be deemed to have waived his
right to present his evidence.
f) The ground of failure to state a cause of action f) The ground of insufficiency of evidence may
may be invoked in a motion to dismiss or as be invoked in a motion for demurrer to
an affirmative defense in the pleading. (Sec. evidence (Rule 33), in a motion for
6, Rule 16) reconsideration (Rule 37) or in an appeal
memorandum.
b. Joinder of Causes of Action (Sec. 5, RULE 2)
1) Q: What are the requisites for the joinder of causes of action?
A: -It must comply with the joinder of parties.

- It must not involve special civil action or actions governed by special rules. (key words)
- If one of the causes of action is within the jurisdiction of the RTC- then RTC
-If sum of money, aggregate sum shall determine jurisdiction- whether RTC or MTC (Key words
under the totality rule)
2) Q: Can there be a joinder of causes of action for injunction and quieting of title?
A. No, since quieting of titles or removal of clouds is a special civil action which is not allowed under
Sec. 5 (b), Rule 2.
Another noticeable area of stumble for the petitioners related to their having joined two causes
of action, i.e., injunction and quieting of title, despite the first being an ordinary suit and the latter
a special civil action under Rule 63. Section 5, Rule 2 of the Rules of Court disallowed such joinder.
The RTC should have severed the causes of action, either upon motion or motu proprio, and tried them
separately, assuming it had jurisdiction over both under Section 6, Rule 2 of the Rules of Court.
(Guillermo Salvador, et al. Vs. Patricia, Inc., G.R. No. 195834. November 9, 2016, BERSAMIN, J.)
Q: May an action for collection of sum of money be joined with an action for ejectment?
A: No, since collection of money is an ordinary civil action and ejectment case is a special civil action
joinder is prohibited under Sec. 5 (b), Rule 2. Lajave Agricultural Management and Development
Enterprises, Inc. vs. Spouses Agustin Javellana and Florence Apilis-Javellana, G.R. No. 223785, November 7,
2018)
3) Q: Can there be a joinder of claims if the amount does not exceed 400th pesos?
A: Yes, Sec.8 of the Revised 2016 Rules on Small Claims Case allows joinder of Claims in when the
aggregate sum not exceeding 400th pesos exclusive of cost and interest.
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A: Metropolitan/Municipal Trial Court has exclusive original jurisdiction over actions recovery of money
pursuant to Revised 2016 Rules on Small Claims Cases:
5) Q: Is Misjoinder of causes of action a ground for dismissal of the action?
A: No. The rule on joinder of causes action under Sec. 5, Rule 2 of the 1997 Rules of Civil Procedure,
as amended, requires that the joinder shall not include special civil actions governed by special rules.
Sec. 6, Rule 2 explicitly provides that misjoinder of causes of action is not a ground for the
dismissal of the action. (Roman Catholic Archbishop of San Fernando, Pampanga vs. Fernando Soriano,
Jr., et al., G.R. No. 153829, August 17, 2011)
III. PARTIES (RULE 3)
1) Q: Whether marine mammals, through their stewards, have legal standing to pursue the case?
A. Yes. As to standing, the Court declined to extend the principle of standing beyond natural and
juridical persons, even though it recognized that the current trend in Philippine jurisprudence “moves
towards simplification of procedures and facilitating court access in environmental cases.” Id., p.
15. Instead, the Court explained, “the need to give the Resident Marine Mammals legal standing has
been eliminated by our Rules, which allow any Filipino citizen, as a steward of nature, to bring a
suit to enforce our environmental laws. (Resident Marine Mammals of the Protected Seascape
Tanon Strait vs. Sec. Angelo Reyes, G.R. No. 180771, April 21, 2015)
2) Q: What is the “principle of standing beyond natural and juridical persons”?
A: A “standing” or a right to pursue a case which is extended to a certain type of parties who has the right
to file the action or the right to challenge the policies of the State. Ex. Taxpayer suit.
3) Q: Who is the real parties-in-interest in environmental cases?
A: Any real party in interest, including the government and juridical entities authorized by law, may file
a civil action involving the enforcement or violation of any environmental law. (Sec. 4, Part II of A.M. No.
09-6-08 on the Rules of Procedure in Environmental Cases)
4) Q: What is the remedy if the case is instituted by a person not a real party-in-interest?
A: The remedy of the defendant is to file an answer and raise the ground of failure to state a cause of
action as an affirmative defense. (Sec. 12 (4), Rule 8 of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. NO. 19-10-20)
5) Q: What is the remedy of the plaintiff in case his complaint is dismissed for failure to state a
cause of action?
A: The remedy of the of the plaintiff is to re-file the action since the order of dismissal Is without
prejudice which is not appealable under Sec. 1, Rule 41, and it is not included among the grounds that
bars the refiling of the case under Sec. 13, Rule 15 of the amended Rules on Civil Procedure.
6) Q: Is a representative of the principal a real party-in- interest?

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A: No, the rule simply states that, in actions which are allowed to be prosecuted or defended by a
representative, the beneficiary shall be deemed the real party-in-interest and, hence, should be included
in the title of the case. (Theodore and Nancy Ang, Represented By Eldrige Marvin B. Ceron vs. Spouses Alan
and Em Ang, Respondents, G.R. No. 186993, August 22, 2012)
7) Q: What is a citizen suit?
A: Citizen suit. – It is a suit filed by Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights and obligations under environmental laws
(Sec. 5, Part II A.M. No. 09-6-08, Rules on Environmental Cases)
8) Q: Who is the real party in interest in a derivative suit- corporation: Stockholder merely
nominal?
A: In a derivative suit, the corporation is the real party in interest while the stockholder filing suit for
the corporation’s behalf is only a nominal party, the corporation should therefore be included as a party
in the suit. (Santiago Cua, Jr., et al., vs. Miguel Ocmapo Tan, et al.,, G.R. No. 181455-56, December 4, 2009)
9) Q: What are the requirements for the permissive joinder of parties?
A: All persons in whom or against whom any right to relief in respect to or arising out of the same
transaction or series of transactions is alleged to exist whether jointly, severally, or in the alternative,
may, except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one
complaint subject to the following requirements:
a) Where any question of law or fact common to all such plaintiffs or to all such defendants may
arise in the action;
b) The court may make such orders as may be just to prevent any plaintiff or defendant from
being embarrassed or put to expense in connection with any proceedings in which he may
have no interest. (Sec. 6, Rule 3)
10) Q: Who is an indispensable party?
A: Indispensable parties are parties in interest without whom no final determination can be had of an
action
11) Q: What is the nature of joinder of indispensable party? (Bar Examination 2019)
A: Settled is the rule that joinder of indispensable parties is compulsory being a sine qua non for the
exercise of judicial power, otherwise all subsequent action of the court is null and void and the case
should be dismissed for want of authority. (Philip L. Go, Pacifico Q. Lim and Andrew Q. Lim vs. Distinction
Properties Development and Construction, Inc., G.R. No. 194024, April 25, 2012)
12) Q: Will non-joinder of indispensable party a ground for outright dismissal of the action?
A: No. Failure to implead any of the indispensable party will not result to outright dismissal, remedy is
to implead them and in case of failure to comply with the order of the court dismissal under Sec. 3, Rule
17 is allowed. (Land Bank of the Philippines Vs. Eduardo M. Cacayuran, respondent; Municipality of Agoo,
La Union, Intervenor G.R. No. 191667. April 22, 2015)
13) Q: What are the effects in case misjoinder or non-joinder of parties?
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A: The effects in case of misjoinder nor non-joinder of parties are:

a) It is not a ground for dismissal of an action;
b) Parties may be dropped or added by order of the court on motion of any party or on its own
initiative at any stage of the action and on such terms as are just;
c) Any claim against a mis-joined party may be severed and proceeded with separately. (Sec. 11,
Rule 3)
14) Q: What is a class suit?
A: Class suit – is a suit filed before the court which involves subject matter of the controversy is of
common or general interest to many persons so numerous which is impracticable to bring them before
the court, and represented by sufficient number for the benefit of all.
Example. Closure of the roads due to excavation affecting many barangays and their access to different
places in going to and out of the province involves subject matter of controversy which is one of
common or general interest to many persons which qualifies for a class suit (Key words in the
answer).
15) Q: What are the elements of a class suit?
A: The necessary elements for the maintenance of a class suit are 1) the subject matter of controversy is
one of common or general interest to many persons; 2) the parties affected are so numerous that it is
impracticable to bring them all to the court; and 3) the parties bringing the class suit are sufficiently
numerous or representative of the class and can fully protect the interest of all concerned. (Juana
Complex et. al., vs. Fil- Estate Land Inc., et al., G.R. No. 152272, March 5, 2012)
16) Q: What is the rule on alternative defendants?
A: If the plaintiff is not certain against whom the action shall be filed he may join any or all of them as
defendants in the alternative.
17) Q: What is the rule in case a party in an action is an entity without juridical personality?
A: When two or more persons not organized as an entity with juridical personality enter into a
transaction, it has the following effects:
a) They may be sued under the name by which they are generally or commonly known; and
b) In the answer of such defendant, the names and addresses of the persons composing said
entity must all be revealed. (Sec. 15, Rule 13)
18) Q: What is the effect in case of transfer of interest by the party?
A: In case of any transfer of interest by the party under Sec. 19 Rule 3, the court may allow:
a) The action may be continued by or against the original party;
b) Unless the court upon motion directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party. (Siguion Reyna Montecillo and
Ongsiako Law Offices Vs. Hon. Norma Chionlo-Sia, G.R. No. 181186. February 3, 2016)
19) Q: What are the actions that survive the death of the party?
a) Contractual money claims:
When the action is for recovery of money arising from contract, express or implied, and the
defendant dies before entry of final judgment in the court in which the action was pending at the time
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of such death, the case shall;
a) It will not be dismissed but shall instead be allowed to continue until entry of final judgment; and
b) In case of a favorable judgment obtained by the plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting claims against the estate of a deceased person.
(Sec. 20, Rule 3)
TAKE NOTE: Correlate Sec. 20, Rule 3 with Sec. 5, Rule 86 on the Claims against the Estate.
b) Action which may not be brought against the executor or administrator:

No action may be commenced against the executor or administrator upon a claim for:
a) The recovery of money;
b) Debt;
c) Interest thereon.
Except:
a) Actions to recover real;
b) Recovery of personal property or an interest therein, from the estate, or to enforce a
lien thereon; and a
c) Actions to recover damages for an injury to person or property, real or personal, may
be commenced against him.
Basis of the answer: Sec. 1, Rule 87
20) How will the judgment be enforced in case of death of a party during the pendency of the
action?
A: In case of death of the defendant the case will continue and judgment shall be enforced against the
estate. (Pasda, Inc. vs. Reynaldo Dimayacyac Sr., substituted by the Heirs, G.R. No. 220479, August 17, 2016)
21) Q: Who is an indigent party?
A: For purposes of a suit in forma pauperis, an indigent litigant is not really a pauper, but is properly a
person who is an indigent although not a public charge, meaning that he has no property or income
sufficient for his support aside from his labor, even if he is self-supporting when able to work and in
employment. The term “immediate family” includes those members of the same household who are
bound together by ties of relationship but does not include those who are living apart from the particular
household of which the individual is a member. (Tokyo Marine Malayan Insurance Co., Inc. vs. Jorge
Valdez, G.R. No. 150107, January 28, 2008)
22) Q: Is an erroneous granting of a Motion to Declare as pauper litigant a jurisdictional error:
A: NO. It is true that the non-payment of the filing fees usually prevents the trial court from acquiring
jurisdiction over the claim stated in the complaint. But for the CA to annul the judgment rendered after
trial based solely on such non-payment was not right and just considering that the non-payment of the
filing fees had not been entirely attributable to the plaintiff alone. The trial court was more, if not
exclusively, to blame for the omission. The exemption of the clients of the PAO like him from the payment
of the legal fees was expressly declared by law for the first time in Republic Act No. 9406. (Samsoden
Pangcatan Vs. Alexandro "Dodong" Maghuyop and Belindo Bankiao/Alexandro "Dodong" Maghuyop and
Belindo Bankiao Vs. Samsoden Pangcatan, G.R. No. 194412/G.R. No. 194566. November 16, 2016,
BERSAMIN, J)
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IV. VENUE (RULE 4)
1) Q: How to determine the venue of the action?
A: The nature of the action should be determined, by determining whether it is a real action or a
personal action or mixed action.
2) Q. Will the rule on exclusivity of venue be applied in extra-judicial foreclosure of mortgage?
A: NO. The exclusive venue of Makati City, as stipulated by the parties and sanctioned by Section 4, Rule
4 of the Rules of Court, cannot be made to apply to the petition for extrajudicial foreclosure of mortgage
filed by the respondent bank because the provisions of Rule 4 pertain to venue of action, which an
extrajudicial foreclosure is not.” (Spouses Hermes P. Ochoa and Araceli D. Ochoa vs. China Banking
Corporation, G.R. No. 192877, March 23, 2011)
3) Q: What is the rule on venue in case of a Real action?
A: Action involving title to possession or interest over a real property- where the property is located or
any portion is located.
4) Q: What are the actions which are considered real for determination of venue?
1) Action for annulment or rescission of contract over a real property is a real action:
The prevalent doctrine is that an action for the annulment or rescission of a sale of real
property does not operate to efface the fundamental and prime objective and nature of the
case, which is to recover said real property. It is a real action. (Paglaum Management &
Development Corp. And Health Marketing Technologies, Inc., Vs. Union Bank Of The Philippines,
Notary Public John Doe, And Register Of Deeds Of Cebu City And Cebu Province, $J. King & Sons
Co., Inc. Intervenor, G.R. No. 179018, June 18, 2012)
2) Annulment of title or rescission of sale of real property is a real action- venue is where
the property is located:
While it is true that petitioner does not directly seek the recovery of title or possession of the
property in question, his action for annulment of sale and his claim for damages are closely
intertwined with the issue of ownership of the building which, under the law, is considered
immovable property, the recovery of which is petitioner’s primary objective. The prevalent
doctrine is that an action for the annulment or rescission of a sale of real property does
not operate to efface the fundamental and prime objective and nature of the case,
which is to recover said real property. It is a real action. (Paglaum Management &
Development Corp. And Health Marketing Technologies, Inc., Vs. Union Bank Of The Philippines,
Notary Public John Doe, And Register Of Deeds Of Cebu City And Cebu Province, $J. King & Sons
Co., Inc. Intervenor, G.R. No. 179018, June 18, 2012)
3) Action for specific performance for the delivery of real property?
4) Action for revival of judgment- If the decision to be revived involves real property then
– venue is location of the property of where any portion thereof is situated.
5) Action for interpleader over a real property (Rule 62);

6) Action for quieting of title or removal of clouds; (Rule 63);
7) Action for expropriation proceedings over a real property (Rule 67);
8) Actions for foreclosure of real estate mortgage (Rule 68);
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a) 9 Action for partition over a real property (Rule 69);

9) Actions for forcible entry and unlawful detainer;
10)Action publiciana;
11)Action reinvindicatoria.
5) Q: Where is the venue in case of a personal action?
A: Action involving privity of contract, recovery of personal properties or damages- Venue lies with the
Residence- plaintiff or defendant at the election of the plaintiff;
6) Q: What are the examples of personal actions?
A: 1) Action for the delivery of personal property or replevin;

2) Action for Collection of Sum of Money;
3) Action for interpleader over personal property (Rule 62);
3) Action of partition over personal properties (Rule 69);
4) Action for damages;
5) Action for rescission of contract;
6) Action for specific performance for the delivery of personal property;
7) Action for revival of judgment involving personal properties;
8) Small Claims Cases;
9) An action to recover the deficiency after extrajudicial foreclosure of a real property mortgage
is a personal action because it does not affect title to or possession of real property, or any interest
therein. (BPI Family Savings Bank vs. Sps. Benedicto & Teresita Yujuico, G.R. No. 175796, July 22, 2015,
Bersamin)
7) Q: What is the rule on venue in case of non-resident defendants?
A: If any of the defendants does not reside and is not found in the Philippines, and the action affects the
personal status of the plaintiff, or any property of said defendant located in the Philippines, the
action may be commenced and tried in the court of:
a) The place where the plaintiff resides; or
b) Where the property or any portion thereof is situated or found).
8) Q: Can the plaintiff elect the venue of the action
A: This Court held that there can be no election as to the venue of the filing of a complaint when the
plaintiff has no residence in the Philippines. In such case, the complaint may only be filed in the court of
the place where the defendant resides. Theodore And Nancy Ang, Represented By Eldrige Marvin B. Ceron,
Vs. Spouses Alan And Em Ang, Respondents. G.R. No. 186993, August 22, 2012)
9) Q: What is the Doctrine of Exclusivity of Venue?
A: It provides that when the parties expressly stipulated in their written agreement on where the
particular place the action shall be filed, it shall be complied with.
10) Q: Where will the venue of the action when it involves several properties under one (1)
contract?
A: According to the Rules, real actions shall be commenced and tried in the court that has jurisdiction
over the area where the property is situated. In this case, all the mortgaged properties are located in the
Province of Cebu. Thus, following the general rule, PAGLAUM and HealthTech should have filed their
case in Cebu, and not in Makati. (Paglaum Management & Development Corp. And Health Marketing
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Technologies, Inc., Vs. Union Bank Of The Philippines, Notary Public John Doe, And Register Of Deeds Of
Cebu City And Cebu Province, $J. King & Sons Co., Inc. Intervenor, G.R. No. 179018, June 18, 2012)
11) Q: What are the requirements in order for the “Doctrine of Exclusivity of Venue” to apply?
A: There must be a valid and binding agreement/contract between the parties entered into before the
filing of the action. If the agreement is simulated or the signature is forged, then exclusivity of venue will
not apply and the rules on venue under the Rules of Court shall apply.
12) Can the parties in an unlawful detainer case stipulate as to the exclusive venue of the action?
A: YES. While Sec. 1, Rule 4 of the Rules of Court states that ejectment actions shall be filed in “the
municipal trial court of the municipality or city wherein the real property involved x x x is situated,” Sec.
4 of the same Rule provides that the rule shall not apply “where the parties have validly agreed
in writing before the filing of the action on the exclusive venue thereof.” Precisely, in this case, the
parties provided for a different venue. In Villanueva vs. Judge Mosqueda, etc., et al., the Court upheld the
validity of a stipulation in a contract providing for a venue for ejectment actions other than that
stated in the Rules of Court. Since the unlawful detainer action is connected with the contract,
Union Bank rightfully filed the complaint with the MeTC of Makati City. (Union Bank of the Philippines vs.
Maunlad Homes, Inc. and All Other Persons or Entities Claiming Rights Under It, Respondents, G.R. No.
190071, August 15, 2012)
13) Q: Where will be the venue of an action to revive judgment?
A: It may be filed in the residence of the of the plaintiff or defendant in case personal action or location
of the property in case of real action based on the venue in the original action. (Heirs of Numeriano
Miranda, Sr., Namely: Cirila (Deceased), Cornelio, Umeriano, Jr., Erlinda, Lolita, Rufina, Danilo, Alejandro,
Felimon, Teresita, Elizabeth And Analiza, All Surnamed Miranda, vs. Pablo R. Miranda, G.R. No. 179638, July
8, 2013)
14) Q: Will exclusive stipulation on venue be enforced when the complaint assails the validity of
the agreement?
A: No, If the complaint directly assailing the validity of the written instrument itself should not be bound
by the exclusive venue stipulation contained therein and should be filed in accordance with the general
rules on venue. (Virgilio C. Briones Vs. Court of Appeals, Special 8th Division and Cash Asia Credit
Corporation G.R. No. 204444. January 14, 2015)
15) Q: Can a sales invoice or purchase order be a valid agreement as to the venue of the action?
A: No. The purpose of the Sales Invoices is merely to acknowledge that the representative of the party
received the goods in good condition, and since there is no stipulation then the venue lies with the
principal office of the corporation. (Hygienic Packaging Corporation vs. Nutri-Asia, Inc., Doing Business
Under the, Name and Style of UFC Philippines (Formerly Nutri-Asia, Inc.), G.R. No. 201302, January 23,
2019)
b. Rules on Venue in Small Claims Cases
16) Q: What is the rule on venue in small claims case?
A: The regular rules on venue shall apply.

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However, if the plaintiff is engaged in the business of lending, banking and similar
activities, and has a branch within the municipality or city where the defendant resides, the
Statement of Claim/s shall be filed where that branch is located.
Basis of the answer: Sec. 7 of the Revised 2016 Rules on Small Claims Cases
17) Q: What is the effect if the issue of improper venue is not raise?
A: Failure to raise the issue of improper venue in a motion to dismiss or in the answer it is deemed waive
and cannot therefore be raised for the first time on appeal.
18) Q: What is the remedy of the defendant in case of improper venue?
A: File an answer and raise the ground that the venue is improperly laid as an affirmative defense under
Sec. 12, Rule 8.
19) Q: What is the remedy of the plaintiff in case of dismissal?
A: Re-file the case since the dismissal is without prejudice to the refilling of the action under Sec. 13 Rule
15.
Q: Can there be a motu propio dismissal of the action based on improper venue?
A: No. the court cannot motu proprio dismiss the case based on improper venue since it is only for the
convenience of the parties and not jurisdictional, and it is not one of the grounds mentioned under Sec.
1, of Rule 9. (Cabrera vs The Philippine Statistic Authority, G.R. No. 241369, June 3, 2019)
V. PLEADINGS (RULE 6)
Q: What are the pleadings allowed under the amended rules on Civil Procedure?
A: The claims of a party are asserted in the following, to wit:

1) Complaint;
2) Counterclaim;
3) Cross-claim; third (fourth, etc.)-party complaint; or
4) Complaint-in- intervention.
5) The defenses of a party are alleged in the answer to the pleading asserting a claim against him
or her.
6) An answer may be responded to by a reply only if the defending party attaches an actionable
document to the answer. (Sec. 2, Rule 6 of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. NO. 19-10-20)
Q: What are the affirmative defenses under the rules?
A: The affirmative defenses include the following, to wit:

1) Fraud;
2) Statute of limitations;
3) Release;
4) Payment;
5) Illegality;
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6) Statute of frauds;
7) Estoppel;
8) Former recovery;
9) Discharge in bankruptcy; and
10) Any other matter by way of confession and avoidance.
Q: What are the other affirmative defenses which can be grounds for the dismissal of the
complaint?
A: Affirmative defenses may also include grounds for the dismissal of a complaint, specifically,
1) That the court has no jurisdiction over the subject matter;
2) That there is another action pending between the same parties for the same cause (litis
pendentia), or
3) That the action is barred by a prior judgment.
) Q: What are the distinctions between compulsory counterclaim (principle of recoupment) and
permissive counterclaim (principle of set off)?
COMPULSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM

a) A compulsory counterclaim arises out of or a) A permissive counterclaim does not arise out
is connected with the transaction or occurrence of and is not connected with the transaction or
constituting the subject matter of the opposing occurrence constituting the subject matter of the
party’s claim opposing party’s claim;
b) A compulsory counterclaim is barred if not b) a permissive counterclaim is not barred even
set up in the answer (or in the amended answer if not set up in the answer;
c) Plaintiff need not answer a compulsory c) plaintiff must answer a permissive
counterclaim, except in summary counterclaim;
proceeding
d) If plaintiff does not answer a compulsory d) plaintiff who does not answer a permissive
counterclaim, he cannot be declared in default; counterclaim may be declared in default in
respect thereto;
e) a compulsory counterclaim does not e) A permissive counterclaim, being an initiatory
require a certification on non-forum shopping; pleading, requires a certification on non-forum
shopping;
f) compulsory counterclaim is not an f) If it is a permissive counterclaim, the lack of a
initiatory pleading, and thus need not require a certificate of non-forum shopping is fatal.
certificate of non-forum shopping. (Estherlita Cruz-Agana vs. Hon. Santiago-Lagman,
G.R. No. 139018, April 11, 2005)
Q: Are payment of docket fees in compulsory counterclaim and cross-claim required?
A: Payment of docket fee in compulsory and cross-claim are suspended as per resolution of the Supreme
Court dated September 21, 2004. (Korea Technologies Co., Ltd. vs. Hon Alberto Lerma, G.R. No. 143581,
January 7, 2008) [Suspended as per resolution of the Supreme Court dated September 21, 2004]
Q: Are docket fees required in permissive counterclaim? (Bar Examination 2019)
A: The rule in permissive counterclaim is that for the trial court to acquire jurisdiction, the counter-
claimant is bound to pay the prescribed docket fees. (Manuel C. Bungcayao, Sr. vs. Fort Ilocandia Property
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Holdings and Development Corporation, G.R. No. 170483, April 19, 2010)
) Q: What is the remedy in case of judgment on counterclaim, cross-claim of third- party

complaint while the main case is pending?
A: The judgment is not appealable under Sec. 1, Rule 41 and therefore Petition for certiorari is available,
unless the court will allow appeal.
3) What is the effect of the dismissal of the main action on the counterclaim?
A: In case of dismissal of the main action, the counterclaim whether permissive or compulsory will not
be dismissed and shall be prosecuted in the same case or in a separate action. (Padilla vs. Globe Asiatique
, Delfin Lee)
Q: Can the court award counterclaim in an action for expropriation?
A: No, by express provision of Sec. 3, Rule 67 that, no counterclaim, cross-claim or third-party complaint
shall be alleged or allowed in the answer or any subsequent pleading.
Q: What is the rule in case of allegation of new matters in the answer?
A: Under the above-stated rules, all new matters alleged in the answer are deemed controverted.
Q: How can the plaintiff interpose his claim arising out of the new matters?
A: If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims
shall be set forth in an amended or supplemental complaint. (Sec. 10, Rule 6 of the amended Rules on Civil
Procedure)
Q: When can the plaintiff file a reply?
A: The plaintiff may file a reply only if the defending party attaches an actionable document to his or her
answer.
Q: What is a reply?
A: A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance
of new matters alleged in, or relating to, said actionable document.
Q: When can a rejoinder be filed?
A: In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.
Q: When can the court deny a third (fourth, etc.)-party?
A: The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the
defendant to institute a separate action, where:
(a) The third (fourth, etc.)- party defendant cannot be located within thirty (30) calendar days from
the grant of such leave;
(b) Matters extraneous to the issue in the principal case are raised; or
(c) The effect would be to introduce a new and separate controversy into the action. (Sec. 11, Rule 6
of the amended Rules on Civil Procedure)
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4) Q: What is the rule on Bringing in of new parties in counterclaim and cross-claim?
A: When the presence of parties other than those to the original action is required for the granting of
complete relief in the determination of a counterclaim or cross- claim, the court shall order them to be
brought in as defendants, if jurisdiction over them can be obtained. (Sec. 12, Rule 6)
VI. PARTS OF THE PLEADING (RULE 7)
1) Q: Can the court grant relief not prayed for in the pleading?
A: No. Courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by
the party. (Leticia Diona, represented by her Attorney-in-fact, Marcelina Diona vs. Romeo Balangue, Sonny
Balangue, Reynaldo Balangue, and Esteban Balangue, Jr., G.R. No. 173559, January 7, 2013)
2) Q: What is the requirement in order that pleadings and other written submission be presented
to the court?
A: Every pleading and other written submissions to the court must be signed by the party or counsel
representing him or her.
3) Q: What are the effects of the signature of the counsel in the pleading? (Sec. 3, Rule 7)
A: The signature of counsel constitutes as:

1) Certificate by him or her that he or she has read the pleading and document;
2) That to the best of his or her knowledge, information, and belief, formed after an inquiry
reasonable under the circumstances:
3) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay,
or needlessly increase the cost of litigation;
4) The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing
jurisprudence;
5) The factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after availment of the modes of discovery under these rules; and
6) The denials of factual contentions are warranted on the evidence, or if specifically so identified,
are reasonably based on belief or a lack of information. (Sec. 3, Rule 7 of the 2019 Amendments
to the 1997 Rules on Civil Procedure)
4) Q: What are the consequences of violation of the rule?
A: If the court determines, on motion or motu proprio and after notice and hearing, that this rule has
been violated, it may:
1) Impose an appropriate sanction; or
2) Refer such violation to the proper office for disciplinary action, on any attorney, law firm, or
party that violated the rule, or is responsible for the violation.
5) Q: What are the sanctions that may be imposed against the law firm in case of violation of the
rule?
A: Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee which may include the following, to wit:
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1) Non-monetary directive or sanction;

2) An order to pay a penalty in court; or,
3) If imposed on motion and warranted for effective deterrence, an order directing payment to the
movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from
the violation, including attorney’s fees for the filing of the motion for sanction.
6) Q: What is the prohibition as regards the above liabilities?
A: The lawyer or law firm cannot pass on the monetary penalty to the client.
7) Q: How to verify a pleading under the Sec. 4, Rule 7 of the amended rules?
A: A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or
a special power of attorney, should be attached to the pleading, and shall allege the following
attestations:
(a) The allegations in the pleading are true and correct based on his or her personal knowledge,
or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly
(a) increase the cost of litigation; and
(b) The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
8) Q: What is the purpose of the signature of the affiant under the new rules?
A: The signature of the affiant shall further serve as a certification of the truthfulness of the allegations
in the pleading.
9) Q: What is the effect of a defective verification under the new rules?
A: A pleading required to be verified that contains a verification based on “information and belief,” or
upon “knowledge, information and belief,” or lacks a proper verification, shall be treated as an unsigned
pleading.
a) Acts of Forum Shopping
1) Q: What is forum shopping?
A: It is an act of malpractice committed by the parties to the case by filing multiple suits before different
court or fora, either successively or simultaneously, involving the same parties, cause of action; and
asking for the same relief, for the purpose of obtaining a favorable judgment;
2) Q: What are the effects of forum shopping?
A: Dismissal with prejudice- since it is barred by prior judgment or litis pendentia.
Basis of the answer: Sec. 5, Rule 15
3) Q; Can the court motu propio dismiss the case in case of forum shopping?
A: Yes, if it is based on ltis pendentia or barred by prior judgment as mandated under Sec. 1, Rule 9.
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4) Q: What is the test of determining the existence of forum shopping?
A: The test for determining the existence of forum shopping is whether the elements of litis pendentia
are present, or whether a final judgment in one case amounts to res judicata in another. Thus, there is
forum shopping when the following elements are present: (a) identity of parties, or at least such
parties as represent the same interests in both actions; (b) identity of rights asserted and relief
prayed for, the relief being founded on the same facts; and (c) the identity of the two preceding
particulars, such that any judgment rendered in the other action will, regardless of which party
is successful, amount to res judicata in the action under consideration; said requisites are also
constitutive of the requisites for auter action pendant or lis pendens. (Antonio M. Garcia vs. Ferro
Chemicals Inc., G.R. No. 172505, October 1, 2014, J. Leonen)
Example: If the judgment was challenged, but the appeal was denied with finality, and later on
the order and the writ of execution was questioned in a separate petition for certiorari and prohibition,
then there is no forum shopping since it involves different cause of action and relief prayed for.
5) Q: What are the effects of forum shopping:
A: 1) Summary dismissal of the case;

2) Contempt;
3) Administrative liability of the counsel
6) Q: Does forum shopping exist in case of a pending civil/criminal case and administrative case:
A: NO. "The settled rule is that criminal and civil cases are altogether different from administrative
matters, such that the disposition in the first two will not inevitably govern the third and vice versa." In
the context of the case at bar, matters handled by the IC are delineated as either regulatory or
adjudicatory, both of which have distinct characteristics. (Malayan Insurance Co., Inc., Yvonne S.
Yuchengco, Atty. Emmanuel G. Villanueva, Sonny Rubin, Engr. Francisco Mondelo, And Michael Requijo, Vs.
Emma Concepcion L. Lin, G.R. No. 207277, January 16, 2017, Del Castillo, J.)
7) Q: Is forum shopping present in case of annulment of Real Estate Mortgage and action for
injunction invoking the nullity of Real Estate Mortgage?
A: There can be no determination of the validity of the extrajudicial foreclosure and the propriety
of injunction in the Injunction Case without necessarily ruling on the validity of the REM, which
is already the subject of the Annulment Case. The identity of the causes of action in the two cases
entails that the validity of the mortgage will be ruled upon in both, and creates a possibility that the
two rulings will conflict with each other. This is precisely what is sought to be avoided by the rule
against forum shopping.
The substantial identity of the two cases remains even if the parties should add different grounds
or legal theories for the nullity of the REM or should alter the designation or form of the action. The
well-entrenched rule is that 'a party cannot, by varying the form of action, or adopting a different
method of presenting his case, escape the operation of the principle that one and the same cause
of action shall not be twice litigated.' (Emphasis supplied) (Fcd Pawnshop And Merchandising
Company, Fortunato C. Dionisio, Jr., And Franklin C. Dionisio, Vs. Union Bank Of The Philippines, Atty.
Norman R. Gabriel, Atty. Engracio M. Escasinas, Jr., And The Registry Of Deeds For Makati City, January 18,
2017, G.R. No. 207914, Del Castillo, J.)
8) Q: Is forum shopping a ground for the filing of motion dismiss an action?
A: Yes, forum shopping can be a ground for the dismissal of an action based on litis pendentia or barred
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by prior judgment under Sec. 12 (a), Rule 15.
b) Certification of Non- Forum Shopping
1) Q: When is certification of non-forum shopping required?
A: All initiatory pleadings must contain a certification against forum shopping under Sec. 5, Rule 7
2) Q: Is certification of non-forum shopping required in case of a petition for issuance of writ of

possession?
A: NO. We affirm the ruling of the CA that a certificate against forum shopping is not a requirement in
an ex parte petition for the issuance of a writ of possession. An ex parte petition for the issuance of writ
of possession is not a complaint or other initiatory pleading as contemplated in Section 5, Rule 7 of the
1997 Rules of Civil Procedure. (Angelina De Guzman, et al. Vs. Gloria A. Chico G.R. No. 195445. December
7, 2016)
3) Q: Who shall sign the certification of non-forum shopping?
A: As a rule, the party shall sign the certification against forum shopping, subject to exception.
The requirement that it is the petitioner, not her counsel, who should sign the
certificate of non-forum shopping is due to the fact that a “certification is a peculiar
personal representation on the part of the principal party, an assurance given to the
court or other tribunal that there are no other pending cases involving basically the
same parties, issues and causes of action.” “Obviously, it is the petitioner, and not
always the counsel whose professional services have been retained for a particular
case, who is in the best position to know whether [she] actually filed or caused the
filing of a petition in that case.” Per the above guidelines, however, if a petitioner is
unable to sign a certification for reasonable or justifiable reasons, she must
execute an SPA designating her counsel of record to sign on her behalf. “[A]
certification which had been signed by counsel without the proper authorization is
defective and constitutes a valid cause for the dismissal of the petition.” (Mary Louise
R. Anderson Vs. Enrique Ho, G.R. No. 172590. January 7, 2013)
Q: What is the requirement on the authorization of the affiant to act for and in behalf of the party
under the amended rules?
A: The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s
certificate or a special power of attorney, should be attached to the pleading. (Sec. 5, Rule 7)
4) Q: Can the court motu propio dismiss the case in case of failure to comply with the certification
against forum shopping?
A: No motu propio dismissal in case of failure to comply with the certification against forum shopping
since it requires notice and hearing under Sec. 5, Rule 7, and it is not one of the grounds mentioned
under Sec. 1, Rule 9 on motu propio dismissal.
5) Q: What is the effect of failure to comply with certification against forum shopping?
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A: Certification against forum shopping is a condition precedent in all initiatory pleadings, and failure to
comply can be raised as an affirmative defense in the answer under Sec. 12, Rule 15 of the new rules.
6) What is the nature of the dismissal? What is the remedy?
A: The nature of the dismissal is without prejudice to the refilling of the action under Sec. 13, Rule 15:
Remedy is refilling of the action.
7) Q: Can the pleading be amended in case there is failure to comply with certification against
forum shopping?
A: As a general rule, under Sec. 5, Rule 7 amendment of the pleading is not allowed in case of failure to
comply with certification against forum shopping.
8) Q: Is the rule absolute?
A: No, Substantial compliance rule and presence of special circumstance and compelling reasons are the
exceptions to the rule.
Certification against forum shopping, non-compliance therewith or a

defect therein, x x x, is generally not curable by its subsequent submission or
correction thereof, unless there is a need to relax the Rule on the ground of
‘substantial compliance’ or presence of ‘special circumstances or
compelling reasons’. (Mary Louise R. Anderson Vs. Enrique Ho, G.R. No.
172590. January 7, 2013)
9) Q: Can the certification against forum shopping be notarized by the clerk of court?
A: NO. This Court cannot agree with petitioner’s argument that the notarization of verifications and
certifications on non-forum shopping constitutes part of a clerk of court’s daily official functions. We are
not prepared to rule in petitioner’s favor on this score; as it is, the workload of a clerk of court is already
heavy enough. We cannot add to this the function of notarizing complaints, answers, petitions, or any
other pleadings on a daily or regular basis; such a responsibility can very well be relegated to
commissioned notaries public. Besides, if the practice – specifically the notarization by clerks of court
of pleadings filed in cases pending before their own salas or courts – is allowed, unpleasant
consequences might ensue; it could be subject to abuse, and it distracts the clerks of court’s attention
from the true and essential work they perform. (Uwe Mathaeus Vs. Spouses Eric and Genevieve Medequiso,
G.R. No. 196651. February 3, 2016)
Q: What are the additional contents of the pleading under Sec. 6, Rule 7 of the amended rules?
A: Every pleading stating a party’s claims or defenses shall, in addition to those mandated by Section 2,
Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said
witnesses shall be attached to the pleading and form an integral part thereof. Only witnesses
whose judicial affidavits are attached to the pleading shall be presented by the parties during
trial. Except if a party presents meritorious reasons as basis for the admission of additional
witnesses, no other witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in the pleading.
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c) Other requirements of a Pleading
1) Q: What are the other requirements in case of an initiatory pleading?
A: 1) MCLE Compliance Number with date of issuance;

2) Roll Number
3) IBP Number
4) PTR Number
5) Contact
2) Q: What is the effect of Failure to comply with MCLE Compliance?
A: 1) Counsel shall be fined with P4,000.00

2) Administrative liability
VII. MANNER OF MAKING ALLEGATIONS (RULE 8)
1) Q: What is the requirement in case of allegations of actionable document in the pleading?
A: It must be denied under oath, otherwise the genuineness and due execution of the actionable
document (not of its contents) is deemed impliedly admitted under Sec. 8, Rule 8.
2) Q: What are the exceptions?
A:
1) When the person denying is not a party to the actionable document (Possible source of a bar
problem)
2) In case of refusal to comply with the Order of production.
3) Q: What is the remedy of the movant?
A: In case of failure to deny the allegation of actionable document under oath, the movant may file a
Motion for judgment on the pleadings under Rule 34, since the answer does not tender an issue.
4) Q: What is requirement in order for the 1st exception to apply?
A: The 1st exception especially if the party filing the pleading is not a party to the actionable
document/contract, and the denial must be in good faith, otherwise it will result to an implied admission.
Therefore, there can be filing of a Motion for judgment on the pleading.
TAKE NOTE: Examine who is the one filing the answer- If party to the actionable document then answer
must be under oath- otherwise NO.
5) Q: What are the kinds of denial under the amended rules?
A: The kinds of denial are as follows, to wit

1) Absolute denial- A defendant must specify each material allegation of fact the truth of which he
or she does not admit and, whenever practicable, shall set forth the substance of the matters upon
which he or she relies to support his or her denial.
2) Partial denial - Where a defendant desires to deny only a part of an averment, he or she shall
specify so much of it as is true and material and shall deny only the remainder.
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3) Denial by disavowal of knowledge- Where a defendant is without knowledge or information

sufficient to form a belief as to the truth of a material averment made to the complaint, he or she
shall so state, and this shall have the effect of a denial.
6) Q: What are the other affirmative defenses which can be raised in the answer under the
amended rules?
A: A defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to
the reasons set forth under Section 5(b), Rule 6, and the following grounds:
1) That the court has no jurisdiction over the person of the defending party;
2) That venue is improperly laid;
3) That the plaintiff has no legal capacity to sue;
4) That the pleading asserting the claim states no cause of action; and
5) That a condition precedent for filing the claim has not been complied with. (Sec. 12, Rule 8)
7) Q: What is the remedy in case of denial of the affirmative defenses under the amended rules?
A: Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for
certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a
judgment on the merits.
8) Q: What is a Strategic Lawsuit Against Public Participation (SLAPP)?
A: A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person,
institution or the government has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall
be governed by these Rules. (Sec. 1, Rule 6 Part II of the Rules on Environmental Cases)
9) Q: How to allege Strategic Lawsuit Against Public Participation (SLAPP) as a defense?
A: Defendant may file an answer interposing as a defense that the case is a SLAPP. (Sec. 2, Rule 6 Part II
of the Rules on Environmental Cases)
VIII. EFFECT OF FAILURE TO PLEAD
a) Ground not raise deemed waive
1) Q: What are the grounds which if not raise not deemed waived or grounds for the motu propio
dismissal of the action?
A: -Lack of jurisdiction over the subject matter, litis pendentia, res judicata. Prescription:
-Also, these are the exceptions to Omnibus motion rule (Sec. 10, Rule 15)
2) Q: Can the court motu propio dismiss the case if one of the parties to the action is not a Muslim
under P.D. 1083?
A: Yes, the Shari' a District Court had no jurisdiction under the law to decide private respondents'
complaint because not all of the parties involved in the action are Muslims. (Municipality of Tangkal,
Province of Lanao del Norte vs Balindong, G.R. No. 193340, January 11, 2017)
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b) Order/Judgment by Default
1) Q: What is an Order of Default?
A: A default order is issued by the court, on plaintiff’s motion and at the start of the proceedings, for
failure of the defendant to file his responsive pleading seasonably.
2) Q: What are the requirements for the declaration of default?
A: Three (3) requirements before the defendant may be declared in default shall be 1) motion in writing;
2) defendant must be notified of the motion; 3) proof that defending party failed to file answer within
the prescribe period. (Momarco Import Company, Inc. Vs. Felicidad Villamena G.R. No. 192477. July 27,
2016)
3) Q: What is the effect in case of failure to file the answer within the period prescribed by the
rules?
A: Defendant may be declared in default upon the order of court.
4) Q: What are the effects of order of default?
A: A defendant declared in default shall have the following effects:

1) He shall lose his standing in court and cannot participate in the trial of the case;
2) he is entitled to subsequent notice of hearings;
3) He can be a witness to the case;
4) He is entitled to receive copy of the judgment, order and substantially amended pleadings.
5) Q: What are the remedies available?
A:
1) Motion to lift Order of default- verified- grounded on FAME- with affidavit merit, in case of denial
petition for certiorari under Rule 65 since the Order of default and the order denying the motion
to lift order of default are interlocutory orders and not appealable under sec. 1 (b) of Rule 41.
(KEY WORDS IN THE ANSWER)
2) Motion to Admit Answer with attached answer
TAKE NOTE: The above remedies must be made before the rendition of judgment by default:
6) Q: What is the effect of partial default?
A: When a pleading asserting a claim states a common cause of action against several defending
parties, some of whom answer and the others fail to do so, the court shall try the case against all upon
the answers thus filed and render judgment upon the evidence presented. (Sec. 3, Rule 9)
7) Q: What is/are the possible remedy/ies in case of judgment by default?
A: Before finality:
1) Motion to set aside judgment by default or Motion for New Trial (Rule 37);
2) Motion for Reconsideration (Rule 37);
After finality:
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1) Petition for relief from judgment (Rule 38);

2) Petition for annulment of judgment (Rule 47);
3) Petition for certiorari (Rule 65)
4) Collateral attack
8) Q: What are the cases when default is not available?
A: a) In an action for annulment of marriage; or

b) Declaration of nullity of marriage; or
c) Action for legal separation.
9) Q: What are the other instances when default is prohibited?
A: The other instances wherein default is not allowed?

1) Forcible entry and unlawful detainer;
3) Petition for writ of Kalikasan;
4) Petition for continuing mandamus;
5) Petition for writ of amparo;
6) Petition for writ of habeas data;
7) Environmental cases.
10) Q: What is the effect if the defendant failed to file an Answer under the Rules on Summary
procedure?
A: Section 6 [of the Rules on Summary Procedure] is clear that in case the defendant failed to file his
answer, the court shall render judgment, either motu proprio or upon plaintiff’s motion, based
solely on the facts alleged in the complaint and limited to what is prayed for. The failure of the
defendant to timely file his answer and to controvert the claim against him constitutes his
acquiescence to every allegation stated in the complaint. Logically, there is nothing to be done in this
situation except to render judgment as may be warranted by the facts alleged in the complaint. (Fairland
Knitcraft Corporation Vs. Arturo Loo Po G.R. No. 217694. January 27, 2016)
11) Q: Can the court motu propio declare a defendant in default?
A: No. Sec. 3, Rule 9 requires that a motion in writing is required in order to declare the defendant in
default.
12) Q: Is there any exception?
A: In environmental cases, the court in itself may declare defendant in default for failure to file his
answer, and upon motion allow the plaintiff to present evidence ex-parte. (Sec. 15, Rule II, Rules on
Environmental Cases).
13) Q: What is the effect in case of failure to file an answer to an Interrogatories?
A: Failure to file an Answer to an Interrogatories under Rule 25, a judgment by default maybe rendered
under Sec. 9, Rule 29.
IX. AMENDMENT
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1) Q: What are the distinctions between amended pleading and supplemental pleading?
AMENDED PLEADING SUPPLEMENTAL PLEADING

a) The filing of an amended pleading may either a) the filing of a supplemental pleading is
be as a matter of right or with leave of court; always with leave of court;
b) Amended pleading alleges facts that occurred b) supplemental pleading alleges facts
before the filing of the original pleading; occurring after the filing of the original pleading;
c) Amended pleading supersedes the original c) supplemental pleading does not supersede
pleading; the original pleading but assumes that the
original pleading is to stand. (Rule 10, Secs. 2, 3
and 6; Delbros Hotel Corp. vs. IAC, et al., G.R. No. L-
72566, April 12, 1988)
2) Q: Can a pleading be amended if there is a motion to dismiss is already filed?
A: Yes. Even after a motion to dismiss has been filed by defendant (Paeste vs. Jaurigue, 94 Phil. 179) or
such motion has been submitted for decision (Republic vs. Ilao, L-16667, January 30, 1962), the plaintiff
can still amend his complaint as a matter of right, since a motion to dismiss is not a responsive pleading
within this rule
Q: What are the grounds for the denial of leave court by the court under the amended rules?
A: Such leave shall be refused by the court if it appears that:

1) The motion was made with intent to delay;
2) It is intended to confer jurisdiction on the court; or
2) The pleading stated no cause of action from the beginning which could be amended.
4) Q: What is the test to determine whether service of summons is required in case of amendment
of a pleading?
A: Where the defendant has already appeared before the court by virtue of the summons in the original
complaint the amended complaint may be served upon him without the need for another summons if
new causes of action are alleged in the amendment. Conversely, a defendant who has not yet appeared
must be served with summons. (Vlason Enterprises Corporation vs. Court of Appeals, 310 SCRA 26)
5) Q: Is certification against forum shopping required in case of amendment?
A: Certification of against forum shopping is required only in case of substantial amendment.
6) Q: What are the limitations on the amendment as a matter of discretion or after the filing of
the answer when?
A: 1. It should not substantially change the cause of action;

2. It shall not alter the theory of the case; or
3. It was made to delay the action.
7) Q: Is amendment of the pleading required to conform or authorize presentation of evidence?
A: No. as expressly mandated by the above sited rule that, when issues not raised by the pleadings are
tried with the express or implied consent of the parties, they shall be treated in all respects as if they
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had been raised in the pleadings. No amendment of such pleadings deemed amended is necessary to
cause them to conform to the evidence.
8) Q: Distinctions between amended and supplemental pleading?
Amended Pleading Supplemental Pleading

a) The filing of an amended pleading may either a) The filing of a supplemental pleading is always
be as a matter of right or with leave of court; with leave of court;
b) Amended pleading alleges facts that occurred b) Supplemental pleading alleges facts occurring
before the filing of the original pleading; after the filing of the original pleading;
c) Amended pleading supersedes the original c) Supplemental pleading does not supersede the
pleading; original pleading but assumes that the original
pleading is to stand. (Rule 10, Secs. 2, 3 and 6;
Delbros Hotel Corp. vs. IAC, et al., G.R. No. L-72566,
April 12, 1988)
X. MOTION FOR BILL OF PARTICULARS
1) Q: Is a motion for bill of particulars a part of a pleading?
A: Yes, a bill of particulars forms part of the pleading for which it is intended to be. (Sec. 6, Rule 12)
2) Q: What are the instances where the motion for bill of particulars?
A: 1) Forcible entry and unlawful detainer;

3) Petition for writ of Kailikasan;
4) Petition for continuing mandamus;
5) Petition for writ of amparo;
6) Petition for writ of habeas data.
7) Intra-corporate Disputes;
3) Q: What is the remedy in case of denial of the motion for bill of particulars?
A: In case of denial, file the responsive pleading within the balance of the period he is entitled under
the rules.
4) Q: What are the effects of non-compliance of the order of the court to file the bill of particulars?
A: If the order is not obeyed, or in case of insufficient compliance therewith, the court may:
1) Order the striking out of the pleading or the portions thereof to which the order was directed; or
2) Make such other order as it deems just.
XI. FILING AND SERVICE (RULE 13)
1) Q: What is the meaning of filing?
A: Filing is the act of submitting the pleading or other paper to the court.
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2) Q: What is the meaning of service?
A: Service is the act of providing a party with a copy of the pleading or any other court submission.
3) Q: What is the manner of filing of pleadings and other court submissions under the amended
rules?
A: The filing of pleadings and other court submissions shall be made by:
(a) Submitting personally the original thereof, plainly indicated as such, to the court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other electronic means as may be authorized by the
Court in places where the court is electronically equipped. (Sec. 3, Rule 13)
4) Q: What is the rule in case on date of filing of pleading or other court submissions by registered
mail or private courier under the amended rules?
A: In the second ((registered mail) and third cases (private courier), the date of the mailing of motions,
pleadings, and other court submissions, and payments or deposits, as shown by the post office stamp on
the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit
in court. The envelope shall be attached to the record of the case. (Sec. 3, Rule 13)
5) Q: What are the modes of service of pleadings, motions, notices, orders, etc. under the
amended rules?
A: Pleadings, motions, notices, orders, judgments, and other court submissions shall be served:
1) Personally; or
2) By registered mail;
3) By accredited courier;
4) Electronic mail;
5) Facsimile transmission, or
6) Other electronic means as may be authorized by the Court, or as provided for in international
conventions to which the Philippines is a party. (Sec. 5, Rule 13)
6) Q: How will personal service of court submissions be made?
A: Court submissions may be served personally by:

1) Personal delivery of a copy to the party or to the party’s counsel, or to their authorized
representative named in the appropriate pleading or motion; or
2) By leaving it in his or her office with his or her clerk, or with a person having charge thereof.
3) If no person is found in his or her office, or his or her office is not known, or he or she has no
office, then by leaving the copy, between the hours of eight in the morning and six in the
evening, at the party's or counsel's residence, if known, with a person of sufficient age and
discretion residing therein. (Sec. 6, Rule 13)
7) Q: How will service by mail of court submissions be made under the amended
rules?
A: Service by registered mail shall be made in the following manner:

1) Depositing the copy in the post office, in a sealed envelope;
2) Plainly addressed to the party or to the party’s counsel at his or her office, if known, otherwise
at his or her residence, if known;
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3) With postage fully pre-paid; and

4) With instructions to the postmaster to return the mail to the sender after ten (l0) calendar
days if undelivered. (Sec. 7, Rule 13)
8) Q: How will service be made, if there is no registry service in the locality?
A: If no registry service is available in the locality of either the sender or the addressee, service may be
done by ordinary mail. (Sec. 7, Rule 13)
9) Q: How will substituted service of pleadings, motion etc., be made?
A: If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under
the two preceding sections, the office and place of residence of the party or his or her counsel being
unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail. (Sec. 8, Rule 13)
10) Q: When will service by electronic means and facsimile be made?
A: Service by electronic means and facsimile shall be made if the party concerned consents to such
modes of service. (Sec. 9, Rule 13)
11) Q: How will service by electronic means be made?
A: Service by electronic means shall be made by:

1) Sending an e-mail to the party’s or counsel’s electronic mail address;
2) Through other electronic means of transmission as the parties may agree on, or upon
direction of the court. (Sec. 9, Rule 13)
13) Q: How will service by facsimile be made?
A: Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given
facsimile number. (Sec. 9, Rule 13)
14) Q: What is the rule on presumptive service of notice of court setting under the amended
rules?
A: There shall be presumptive notice to a party of a court setting if such notice appears on the records
to have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if the
addressee is from within the same judicial region of the court, or at least thirty (30) calendar days if the
addressee is from outside the judicial region. (Sec. 10, Rule 13)
15) Q: How to serve judgments, final orders or resolution under the amended rules?
A: Judgments, final orders, or resolutions shall be served either personally or by registered mail. (Sec.
13, Rule 13)
16) Q: Is service of judgments, final orders, or resolutions by private courier allowed under the
amended rules?
A: Yes, as prescribed by the above-cited rule, upon ex parte motion of any party in the case, a copy of the
judgment, final order, or resolution may be delivered by accredited courier at the expense of such party.
(Sec. 13, Rule 13)
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17) Q: How to serve judgments, final orders or resolution in case a party was summoned by
publication?
A: When a party summoned by publication has failed to appear in the action, judgments, final orders or
resolutions against him or her shall be served upon him or her also by means of publication at the
expense of the prevailing party. (Sec. 13, Rule 13)
18) Q: How will conventional service of orders, pleadings, and other documents made under the
amended rules?
A: Notwithstanding the 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 permission is granted by the Court:
(a) Initiatory pleadings and initial responsive pleadings, such as an answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or other documents that are not readily 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 records. (Sec. 14, Rule 13)
19) Q: When is personal service deemed complete under the amended rules?
A: Personal service is complete upon actual delivery.
20) Q: When is service by ordinary mail deemed complete under the amended rules?
A: Service by ordinary mail is complete upon the expiration of ten (10) calendar days after mailing,
unless the court otherwise provides.
21) Q: When is service by registered mail deemed complete under the amended rules?
A: Service by registered mail is complete upon:

1. Actual receipt by the addressee; or
2. After five (5) calendar days from the date he or she received the first notice of the postmaster,
whichever date is earlier (Constructive service rule). (Sec. 15, Rule 13)
22) Q: When is service by private courier deemed complete under the amended rules?
A: Service by accredited courier is complete upon actual receipt by the addressee, or after at least two
(2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the
first attempt to deliver, whichever is earlier.
23) Q: When is electronic service deemed complete under the amended rules?
A: Electronic service is complete at the time of the electronic transmission of the document, or when
available, at the time that the electronic notification of service of the document is sent.
24) Q: When is electronic service not deemed complete or effective under the amended rules?
A: Electronic service is not effective or complete if the party serving the document learns that it did not
reach the addressee or person to be served.
25) Q: When is service by facsimile transmission deemed complete under the amended rules?
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A: Service by facsimile transmission is complete upon receipt by the other party, as indicated in the
facsimile transmission printout. (Sec. 15, Rule 13)
26) Q: How to prove personal service of pleading or court submission under the amended rules?
A: Proof of personal service shall consist of a written admission of the party served, or the official return
of the server, or the affidavit of the party serving, containing a statement of the date, place, and manner
of service. (Sec. 17, Rule 13)
27) Q: How to prove service of pleading or court submission by ordinary mail under the amended
rules?
A: In case of service by ordinary mail its proof shall consist of an affidavit of the person mailing stating
the facts showing compliance with Section 7 of this Rule.
28) Q: How to prove service of pleading or court submission by registered mail under the
amended rules?
A: Proof shall be made by the affidavit mentioned above and the registry receipt issued by the mailing
office.
29) Q: How to prove service of pleading or court submission by accredited courier service under
the amended rules?
A: Proof of service of pleading or court submission by accredited courier service shall be proven by:
1) An affidavit of service executed by the person who brought the pleading or paper to the service
provider;
2) It must be with the courier’s official receipt or document tracking number.
30) Q: How to prove service of pleading or court submission by electronic mail, facsimile, or other
authorized electronic means of transmission under the amended rules?
A: Proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile,
or other electronic transmission, together with a printed proof of transmittal. (Sec. 17, Rule 13)
31) Q: What is lis pendens? (Sec. 19, Rule 13)
A: Lis pendens which literally means pending suit refers to the jurisdiction, power or control which a
court acquires over the property involved in a suit, pending the continuance of the action, and until final
judgment. (J. Casim Construction Supplies, Inc., Registrar of Deeds of Las Pinas, Intestate Estate of Bruneo
F. Casim, (Purported) Intervenor, G.R. No. 168655 July 2, 2010)
32) Q: When can a notice of lis pendens be availed of?
A: In an action affecting the title or the right of possession of real property, the plaintiff and the
defendant, when affirmative relief is claimed in his or her answer, may record in the office of the registry
of deeds of the province in which the property is situated a notice of the pendency of the action.
33) Q: When does the notice of lis pendens deemed a constructive notice to purchaser or
encumbrancer?
A: Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property
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affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its
pendency against the parties designated by their real names.
34) Q: What are the actions where Lis pendens is proper?
A: Relative thereto, a notice of lis pendens is proper in the following actions and their concomitant
proceedings:
(a) an action to recover possession of real estate;
(b) an action to quiet title thereto;
(c) an action to remove clouds thereon;
(d) an action for partition; and
(e) any other proceedings of any kind in Court directly affecting the title to the land or the use or
occupation thereof or the buildings thereon.
Thus, a notice of lis pendens is only valid and effective when it affects title over or right of
possession of a real property. (Vashdeo Gagoomal vs. Spouses Ramon and Natividad Villacorta, G.R. No.
192813, January 18, 2012)
TAKE NOTE: It is not applicable in land registration cases
35) Q: What are the grounds for cancellation of lis pendens?
A: a) It is intended for the purpose of molesting the adverse party;

b) It is not necessary to protect the rights of the party who caused it to be annotated
c) Upon the dismissal/termination of the case.
*Other recognized grounds for cancellation:

(a) there are exceptional circumstances imputable to the party who caused the annotation;
(b) the litigation was unduly prolonged to the prejudice of the other party because of several
continuances procured by petitioner;
(c) the case which is the basis for the lis pendens notation was dismissed for non-prosequitur on
the part of the plaintiff; or
(d) judgment was rendered against the party who caused such a notation. (Spouses Ramon and
Ligaya Gonzales Vs. Marmaine Realty Corporation G.R. No. 214241. January 13, 2016)
Basis of the answer: Sec. 19. Rule 13 & Jurisprudence
36) Q: What is the remedy in case of denial of the Notice of Lis pendens by the Register of Deeds?
A: Aggrieved party may appeal the Order to the Land Registration Authority En Consulta within five (5)
days as provided by Sec. 117 of P.D. 1529 Property Registration Decree
XII. SUMMONS (RULE 14)
Possible question: Did the court validly acquire jurisdiction? Is the judgment valid?
1) Q: What is summons?
A: Summons is a writ by which the defendant is notified of the action brought against him or her. In a
civil action, service of summons is the means by which the court acquires jurisdiction over the person
of the defendant. Any judgment without such service, in the absence of a valid waiver, is null and void.
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(Remelita M. Robinson vs. Celita B. Miralles, G.R. No. 163584, December 12, 2006)
2) Q: What are the factors to be considered to determine valid service of summons?
A: To determine whether there was a valid service of summons, determine the nature of the action
whether in personam, in rem and quasi-in rem, and the mode of service of the summons is valid.
3) Q: What are the modes of service of summons in an action in personam?
A: Mode of service of summons in an action in personam: Personal, substituted, if the identity or

whereabouts is unknown BY PUBLICATION.
4) What are the actions which are considered in personam?

a. Action for Injunction
b. Action for recovery of possession and damages.
c. Action for reconveyance of real property.
d. Action for ejectment
e. Action for subrogation
f. Action for Damages
g. Action for the delivery of personal property or replevin;
h. Action for Collection of Sum of Money;
i. Action for interpleader over personal property (Rule 62);
j. Action for rescission of contract;
k. Action for specific performance for the delivery of personal property;
l. Action for revival of judgment involving personal properties;
m. Small Claims Cases;
5) Q: What is the mode of service of summons in case of an action in rem?
A: In case an action is in rem, summons shall be served through publication, and service to the defendant
is only for compliance of due process.
6) Q: What are the actions which are considered as in rem?
A: 1) Petition for cancellation of adverse claim.

2) Petition for land registration is an action in rem.
3) Cadastral Cases.
7) Q: What is the mode of service of summons in an action Quasi-in rem action?
A: In case an action is quasi- in rem, summons shall be served through publication, and service to the
defendant is only for compliance of due process.
8) What are the actions which are considered quasi-in-rem?

1) Action for annulment of certificate of title is quasi-in rem.
2) Petition for forfeiture proceedings is an action in rem/quasi in rem under R.A. 1379.
3) Action for foreclosure of real estate mortgage (Rule 68);
4) Action for partition (Rule 69).
5) Civil action with attachment.
9) Q: When can the court issue summons?
A: Unless the complaint is on its face dismissible under Section 1, Rule 9, the court shall, within five (5)
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calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees,
direct the clerk of court to issue the corresponding summons to the defendants. (Sec. 1, Rule 14)
10) Q: Who shall serve the summons under the amended rules?
A: The summons may be served by the following:

1) Sheriff;
2) His or her deputy; or
3) Other proper court officer; and
4) In case of failure of service of summons by them, the court may authorize the plaintiff - to
serve the summons - together with the sheriff. (Sec. 3, Rule 14)
11) Q: Who shall serve the summons to be served outside of the judicial region of the court
under the amended rules?
A: In cases where summons is to be served outside the judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause the service of summons.
13) Q: What are the requirements in case the plaintiff is a juridical entity under the amended
rules?
A: If the plaintiff is a juridical entity, it shall notify the court, in writing:

1) The name of its authorized representative therein,
2) Attaching a board resolution or secretary’s certificate thereto, as the case may be;
3) It shall state that such representative is duly authorized to serve the summons on behalf of
the plaintiff.
14) Q: What are the effects in case the plaintiff misrepresents in the service of summons under
the amended rules?
A: If the plaintiff misrepresents that the defendant was served with summons, and it is later proved
that no summons was served, the case shall be:
1) Dismissed with prejudice;
2) The proceedings shall be nullified; and
3) The plaintiff shall be meted appropriate sanctions.
15) Q: What is the rule in case summons is returned without being served? under the amended
rules?
A: If summons is returned without being served on any or all the defendants, the court shall order the
plaintiff to cause the service of summons by other means available under the Rules.
16) Q: What is the sanction in case of failure to comply with the order of the court under the
amended rules?
A: Failure to comply with the order shall cause the dismissal of the initiatory pleading without
prejudice. (Sec. 3, Rule 14)
17) Q: What is the validity period of summons?
A: Summons shall remain valid until duly served, unless it is recalled by the court. (Sec. 4, Rule 14)
18) Q: When can alias summons be issued?

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A: In case of loss or destruction of summons, the court may, upon motion, issue an alias summons. (Sec.
4, Rule 14)
19) Q: How will service of summons on the person of the defendant be made under the amended
rules?
A: Whenever practicable, the summons shall be served by:

1) Handing a copy thereof to the defendant in person and informing the defendant that he or she is
being served; or,
2) If he or she refuses to receive and sign for it, by leaving the summons within the view and in the
presence of the defendant. (Sec. 5, Rule 14)
20) Q: How will substituted service of summons be made under the amended rules?
A: If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts
on two (2) different dates, service may be effected by:
a) Leaving copies of the summons at the defendant's residence to a person at least eighteen (18)
years of age and of sufficient discretion residing therein;
b) By leaving copies of the summons at the defendant's office or regular place of business with some
competent person in charge thereof. A competent person includes, but is not limited to, one who
customarily receives correspondences for the defendant;
c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose
known, with any of the officers of the homeowners’ association or condominium corporation, or
its chief security officer in charge of the community or the building where the defendant may be
found; and
d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court.
(Sec. 6, Rule 14)
21) Q: To whom summons shall be served in case of an entity without juridical personality under
the amended rules?
A: When persons associated in an entity without juridical personality are sued under the name by which
they are generally or commonly known, service may be effected upon:
1) All the defendants by serving upon any one of them; or
2) Upon the person in charge of the office or place of business maintained in such name. (Sec. 7,
Rule 14)
22) Q: Does service of summons binds the person who severed his relationship with the entity
before the action under the amended rules?
A: No, service shall not bind individually any person whose connection with the entity has, upon due
notice, been severed before the action was filed. (Sec. 7, Rule 14)
23) Q: What is the rule on service of summons consistent with international convention?
A: Service may be made through methods which are consistent with established international
conventions to which the Philippines is a party. (Sec. 9, Rule 14)
24) Q: What is the rule in case of service of summons to spouses under the amended rules?
A: When spouses are sued jointly, service of summons should be made to each spouse individually. (Sec.
11, Rule 14)
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25) Q: To whom summons shall be served in case of domestic juridical entity?
A: When the defendant is a corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the:
1) President;
2) Managing partner;
3) General manager;
4) Corporate secretary;
5) Treasurer;
6) in-house counsel of the corporation wherever they may be found; or
7) In their absence or unavailability, on their secretaries. (Sec. 12, Rule 14)
26) Q: In case of default of service of summons to the above persons, to whom it shall be served?
A: If such service cannot be made upon any of the foregoing persons, it shall be made upon the person
who customarily receives the correspondence for the defendant at its principal office.
27) Q: To whom summons shall be served in case of domestic juridical entity under receivership
or liquidation?
A: In case the domestic juridical entity is under receivership or liquidation, service of summons shall be
made on the receiver or liquidator, as the case may be.
28) Q: What is the rule in case of refusal on the part of the above-mentioned persons?
A: Should there be a refusal on the part of the persons above-mentioned to receive summons despite at
least three (3) attempts on two (2) different dates, service may be made electronically, if allowed by the
court, as provided under Section 6 of this Rule. (Sec. 12, Rule 14)
29) Q: To whom summon shall be served in case of foreign juridical entity doing business in the
Philippines under the amended rules?
A: When the defendant is a foreign private juridical entity which has transacted or is doing business in
the Philippines, as defined by law, service may be made on:
1) Its resident agent designated in accordance with law for that purpose;
2) If there be no such agent, on the government official designated by law to that effect; or
3) On any of its officers, agents, directors or trustees within the Philippines. (Sec. 14, Rule 14)
30) Q: To whom summon shall be served in case of foreign juridical entity not registered and no
resident agent, but doing business in the Philippines under the amended rules?
A: If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but
has transacted or is doing business in it, as defined by law, such service may, with leave of court, be
effected outside of the Philippines through any of the following means:
a) By personal service coursed through the appropriate court in the foreign country with the
assistance of the department of foreign affairs;
b) By publication once in a newspaper of general circulation in the country where the defendant
may be found and by serving a copy of the summons and the court order by registered mail at the
last known address of the defendant;
c) By facsimile;
d) By electronic means with the prescribed proof of service; or
e) By such other means as the court, in its discretion, may direct. (Sec. 14, Rule 14)
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31) Q: What is the mode of service of summons in case of Intellectual Property Cases?
A: When the defendant is a foreign private juridical entity, service may be made on its resident agent
designated in accordance with law for that purpose, or, if there be no such agent, on the government
official designated by law to that effect, or on any of its officers or agents within the Philippines.
If the foreign private juridical entity is not registered in the Philippines or has no resident agent,
service may, with leave of court, be effected out of the Philippines through any of the following means:
a) By personal service coursed through the appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs;
b) By publication once in a newspaper of general circulation in the country where the defendant
may be found and by serving a copy of the summons and the court order by registered mail at the
last known address of the defendant;
c) By facsimile or any recognized electronic means that could generate proof of service;
d) By such other means as the court may, in its discretion, direct.
Basis of the Answer: Sec. 2, Rule 4 of the Special Rules on Intellectual Property Rights Cases)
32) Q: How will service of summons be effected in case of unknown defendant or his whereabout
is unknown under the amended rules?
A: In any action where the defendant is designated as an unknown owner, or the like, or whenever his
or her whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90)
calendar days from the commencement of the action, service may, by leave of court, be effected upon
him or her by publication in a newspaper of general circulation and in such places and for such time as
the court may order. (Sec. 16, Rule 14)
33) Q: Is service of summons by publication allowed in case the action is one of personam?
A: Yes, because Sec. 16 specifically used the word “In any action”.
34) Q: How will extraterritorial service of summons be made?
A: When the defendant does not reside and is not found in the Philippines, and the action affects the
personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines,
in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the
property of the defendant has been attached within the Philippines, service may, by leave of court, be
effected out of the Philippines by:
1) Personal service as under Section 6;
2) As provided for in international conventions to which the Philippines is a party; or
3) By publication in a newspaper of general circulation in such places and for such time as the court
may order. (Sec. 17, Rule 14)
35) Q: What is the effect of voluntary appearance of the defendant under the amended rules?
A: The defendant's voluntary appearance in the action shall be:

1) Equivalent to service of summons;
2) The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant shall be deemed a voluntary appearance. (Sec. 23, Rule 14)
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36) Q: What are the requisites in order that special appearance will not be considered as
voluntary appearance?
A: Prescinding from the foregoing, it is thus clear that: (1) special appearance operates as an
exception to the general rule on voluntary appearance; (2) Accordingly, objections to the
jurisdiction of the court over the person of the defendant must be explicitly made, i.e., set forth in
an unequivocal manner; (3) Failure to do so constitutes voluntary submission to the jurisdiction of
the court, especially in instances where a pleading or motion seeking affirmative relief is filed
and submitted to the court for resolution. (Optima Realty Corporation v. Hertz Phil. Exclusive Cars,
Inc., G.R. No. 183035. January 9, 2013)
37) Q: Is the filing of an opposition amounts to voluntary appearance?
A: Yes. We find that the due process requirement with respect to respondent has been satisfied,
considering that he has participated in the proceedings in this case and he has the opportunity to file his
opposition to the petition to establish filiation. (Jesse U. Lucas Vs. Jesus S. Lucas, G.R. No. 190710, June 6,
2011)
38) Is the Filing of a Motion to set aside order of default and motion to admit answer is
tantamount to the submission to the jurisdiction of the court?
A. Yes. Thus, it was ruled that the filing of motions to admit answer, for additional time to file
answer, for reconsideration of a default judgment, and to lift order of default with motion for
reconsideration is considered voluntary submission to the trial court’s jurisdiction. (Planters
Development Bank, Vs. Julie Chandumal, G.R. No. 19561905 September 2012)
39) Q: Is active participation in the proceedings amounts to acquisition of jurisdiction of the

court by voluntary submission?
A: Yes. The Supreme Court, in Meat Packing Corporation of the Philippines v. Sandiganbayan, held that
jurisdiction over the person of the defendant in civil cases is acquired either by his voluntary appearance
in court and his submission to its authority or by service of summons. Furthermore, the active
participation of a party in the proceedings is tantamount to an invocation of the court’s jurisdiction and
a willingness to abide by the resolution of the case, and will bar said party from later on impugning the
court or body’s jurisdiction. (Bernabe L. Navida Et.Al, Vs. Hon. Teodoro A. Dizon, Jr., G.R. No. 125078, May
30, 2011)
40) Q: Is service of summons to the respondent required in case of a petition for habeas corpus?
A: No. Under Rule 102 of the Rules of Court or A.m. No. 03-04-04-SC, service of summons, to begin with,
is not required in a habeas corpus petition. As held in Saulo v. Cruz, 105 Phil. 315 (1959), a writ of habeas
corpus plays a role somewhat comparable to a summons, in ordinary civil actions, in that, by service of
said writ, the court acquires jurisdiction over the person of the respondent. (Ma. Hazelina A. Tujan-
Militante In Behalf of The Minor Criselda M. Cada vs. Raquel M. Cada-Deapera (G.R NO. 210636, July 128,
2014)
41) Q: What is the effect in case of defective service of summons?
A: In case of defective service of summons, it can be raised it as an affirmative defense in the answer on
the ground of lack of jurisdiction over the person of the defending party under Sec. 12, (a) Rule 8.
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42) Q: Will lack of jurisdiction over the defendant through defective service of summons a ground
for annulment of judgment?
A: Yes, lack of jurisdiction being a valid ground for annulment of judgments, circumstances that negate
the court’s acquisition of jurisdiction including defective service of summons are causes for an action for
annulment of judgments. (Cresencio Arrieta vs. Melania T. Arrieta, G.R. No. 234808, November 19, 2018)
43) Q: Is service of summons to the respondent required in case of a petition for certiorari,
prohibition, mandamus, and quo warranto?
A: “Section 4. Jurisdiction over person of respondent, how acquired. — The court shall acquire jurisdiction
over the person of the respondent by the service on him of its order or resolution indicating its initial
action on the petition or by his voluntary submission to such jurisdiction.”
TAKE NOTE: No need to serve summons to the respondent in case of a petitions for writ of habeas
corpus, certiorari, prohibition, mandamus, amparo, data, since service of the Order of the Court/writ to
the respondent vests jurisdiction over his person.
XIII. MOTIONS (RULE 15)
1) Q: Is a Motion, or motion to dismiss, reconsideration, new trial etc. a pleading? (2006 Bar
exam)
A. No, by express provision of Sec. 1, Rule 15, a motion is an application for a relief other than by a
pleading.
2) Q: Is a letter a motion?
A: Yes, under the provision of Sec. 3 (e) of the Revised 2016 Rules on Small Claims Cases a motion is
defined as - It is a verbal or written request asking for an affirmative action from the court, which
includes informal request or letter. (Sec. 3 (e) Revised 2016 Rules on Small Claims Cases)
3) Q: What is the rule in case a motion is based on facts not appearing on record?
A: When a motion is based on facts not appearing on record, the court may hear the matter on affidavits
or depositions presented by the respective parties, but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions. (Sec. 2, Rule 15)
4) Q: What is a non-litigious motion?
A: Motions which the court may act upon without prejudicing the rights of adverse parties are non-
litigious motions.
5) Q: What are the non-litigious motions under the amended rules?
A: The non-litigious motions under the amended rules shall include?

a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
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f) Motion for the issuance of a writ of possession;

g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
h) Other similar motions. (sec. 4, Rule 15)
6) Q: What are the litigious motions under the amended rules?
A: Litigious motions under the amended rules include:

1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10)Motion for judgment on the pleadings;
11)Motion for summary judgment;
12)Demurrer to evidence;
13)Motion to declare defendant in default; and
14) Other similar motions. (Sec. 5, Rule 15)
7) Q: What is the requirement in filing litigious motions under the amended rules?
A: All motions shall be served by personal service, accredited private courier or registered mail, or
electronic means so as to ensure their receipt by the other party.
8) Q: What is the remedy of the opposing party under the amended rules?
A: The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days
from receipt thereof. No other submissions shall be considered by the court in the resolution of the
motion. (Sec. 5, Rule 15)
9) Q: When can a hearing on the motion be conducted under the amended rules?
A: The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a
hearing on the motion. (Sec. 6, Rule 15)
10) Q: To whom the notice of hearing be addressed under the amended rules?
A: The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date
of the hearing. (Sec. 6, Rule 15)
11) Q: What is the requirement in case of written motion under the amended rules?
A: No written motion shall be acted upon by the court without proof of service thereof, pursuant to
Section 5(b) hereof. (Sec. 7, Rule 15)
12) Q: What are the effects of failure to comply with Secs. 5 & 6 of Rule 15?
A: Failure to comply with the requirements mandated by Secs. 5 and 6 of Rule 15 has the following
effects:
a) It is considered as a mere worthless piece of paper;
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b) The clerk of court has no right to receive;

c) The court has no right to act upon;
d) It is considered as a mere pro-forma motion;
e) It is considered as not filed;
f) It produces no legal effect;
g) It is a ground for the denial of the motion;
h) It presents no question which the court could decide;
i) It will not toll the running of prescriptive period to appeal or file pleadings.
13) Q: What is Omnibus Motion Rule?
A: It is a rule which provides that a motion attacking a pleading, judgment, order of proceeding must
state all available grounds for objections at the time of filing, otherwise it is deemed waived. (Sec. 9,
Rule 15)
14) Q: What are the exceptions to the rule?
A: Lack of jurisdiction, litis pendentia, barred by prior judgment, and prescription. (Sec. 1, Rule 9)
15) Q: What are the prohibited motions under the amended rules?
A: The following motions shall not be allowed:

a) Motion to dismiss except on the following grounds:
a. That the court has no jurisdiction over the subject matter of the claim;
b. That there is another action pending between the same parties for the same cause; and
c. That the cause of action is barred by a prior judgment or by the statute of limitations;
b) Motion to hear affirmative defenses;
c) Motion for reconsideration of the court’s action on the affirmative defenses;
d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a
higher court;
e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for
extension to file an answer as provided by Section 11, Rule 11; and
f) Motion for postponement intended for delay, except if it is based on acts of God, force majeure or
physical inability of the witness to appear and testify. (Sec. 12, Rule 15)
16) Q: What are the grounds for the dismissal of the action with prejudice?
A: Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense based
on the following grounds shall bar the refiling of the same action or claim based on the following
grounds, to wit:
1) That the cause of action is barred by a prior judgment or by the statute of limitations;
2) That the claim or demand set forth in the plaintiff’s pleading has been paid, waived,
abandoned or otherwise extinguished; or
3) That the claim on which the action is founded is unenforceable under the provisions of the
statute of frauds. (Sec. 13, Rule 15)
17) Q: What are the grounds where the dismissal of the action is without prejudice?
A: The grounds for the dismissal of the action without prejudice to the refiling of the action are as
follows, to wit:
a) That the court has no jurisdiction over the person of the defending party;
b) That the court has no jurisdiction over the subject matter of the claim;
c) That venue is improperly laid;
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d) That the plaintiff has no legal capacity to sue;

e) That the pleading asserting the claim states no cause of action;
f) That a condition precedent for filing the claim has not been complied with.
18) Q: What are the possible remedies in case of denial of the motion to dismiss: (Bar exam 2014)
A: The remedy is to file an answer raising the grounds as affirmative defenses, go to trial, if the decision
is adverse, raised as an error on appeal, unless the denial is tainted with grave abuse of discretion, hence,
petition for certiorari under Rule 65 is available. (Chang Ik Jin and Korean Christian Businessmen
Association, Inc. vs. Choi Sung Bong, G.R. No. 166358, September 8, 2010)
19) Q: Will the prohibition on pro-forma motion applies to interlocutory order?
A: No. There is no rule which prohibits the filing of a pro forma motion against an interlocutory order
as the prohibition applies only to a final resolution or order of the court. (San Juan, Jr. V. Cruz, G.R. No.
167321, July 31, 2006)(Philippine National Bank Vs. The Intestate Estate Of Francisco De Guzman, Et Al.
G.R. No. 182507, June 16, 2010.).
20) Q: Distinctions between litis pendentia and res judicata.
LITIS PENDENTIA RES JUDICATA

a) In litis pendentia, both cases have a) in res judicata, one of the cases has already been
identical parties, subject matter and cause of decided with finality on the merits.
action which are still pending; ;
b) In litis pendentia, the motion to dismiss b) In res judicata, the first case which was decided
can be filed in either of the two (2) suits bars the filing of a second case and the motion to
pending. dismiss can be filed in the subsequent case;
21) Q: Is a motion to dismiss allowed under the Rules on Summary Procedure?
A: As a rule, motion to dismiss is not allowed in cases falling under the Rules on Summary Procedure,
except lack of jurisdiction, and condition precedent of barangay conciliation.
22) Q: What are the instances where motion to dismiss is not allowed?
A: 1) Small Claims Cases;

2) Environmental Cases;
3) Amparo Proceedings;
4) Writ of Habeas Data
23) Q: What is “Hypothetical Admission Rule” or “Assumption of Truth Rule”
A: When a motion to dismiss is filed, the material allegations of the complaint are deemed to be
hypothetically admitted. This hypothetical admission, extends not only from the relevant and material
facts well pleaded in the complaint, but also to inferences that may be fairly deduced from them. (The
Municipality of Hagonoy, Bulacan, et al. vs. Hon. Simeon Dumdum, Jr., G.R. No. 168289, March 22, 2010)
XIV. DISMISSAL BY THE PLAINTIFF (RULE 17)
1) Q: When to make a voluntary dismissal?
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A: A voluntary dismissal by the claimant by notice in Sec. 1 of this Rule, shall be made:
a) Before a responsive pleading; or
b) Before a motion for summary judgment is served; or,
c) If there is none, before the introduction of evidence at the trial or hearing.
2) Q: What is Two Dismissal Rule?
A: When the notice operates as an adjudication upon the merits when filed by a plaintiff who has once
dismissed an action in a competent court based on or including the same claim. (Sec. 1, Rule 17)
3) Q: What is the test to determine the doctrine of “Non-Prosequitur” as a ground for dismissal?
A: The fundamental test for non prosequitur is whether, under the circumstances, the plaintiff is
chargeable with want of due diligence in failing to proceed with reasonable promptitude. There must be
unwillingness on the part of the plaintiff to prosecute. (Shimizu Philippines Contractors, Inc., Vs. Mrs.
Leticia B. Magsalin, Doing Business Under The Trade Name "Karen's Trading," Fgu Insurance Corporation,
Godofredo Garcia, Concordia Garcia, And Reynaldo Baetiong, G.R. No. 170026, June 20, 2012)
4) Q: When can the court dismiss the case due to the fault of the plaintiff under the amended
rules?
A: The complaint may be dismissed upon motion of the defendant or upon the court's own motion,
without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a
separate action, based on the following grounds:
1) If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his or her
evidence in chief on the complaint; or
2) Plaintiff fails to prosecute his or her action for an unreasonable length of time;
3) Failure to comply with these Rules or any order of the court. (Sec. 3, Rule 17)
5) Q: What is the effect of the dismissal of the main action on the counterclaim?
A: In case of dismissal of the main action, the counterclaim whether permissive or compulsory will not
be dismissed and shall be prosecuted in the same case or in a separate action. (Aida Padilla vs. Globe
Asiatique Realty Holdings Corporation, Filmal Realty Corporation, Delfin Lee and Dexter Lee, G.R. No.
207376, August 6, 2014)
6) Will the dismissal under the rules applicable in case of counterclaim, cross- claim, or third-
party complaint?
A: The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party
complaint.
XVI. PRE-TRIAL CONFERENCE (RULE 18)
1) Q: When to conduct pre-trial conference under the amended rules?
A: After the last responsive pleading has been served and filed, the branch clerk of court shall issue,
within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60)
calendar days from the filing of the last responsive pleading. (Sec. 1, Rule 18)
2) Q: Can the issue of lack of pre-trial conference be waived?
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A: It is a rule that lack of pre-trial must be objected to during pre-trial, otherwise waived and cannot be
raised during the trial or for the first time on appeal, unless substantial justice is present. (Francisco
Madrid and Edgardo Bernardo vs. Sps. Bonifacio Mapoy and Felicidad Martinez, G.R. No. 150887, August
14, 2009)
3) Q: What are the main purposes of pre-trial conference under the amended rules?
A: The court shall consider the following, to wit:

a) The possibility of an amicable settlement or of a submission to alternative modes of dispute
resolution;
b) The simplification of the issues;
c) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
d) The limitation of the number and identification of witnesses and the setting of trial dates;
e) The advisability of a preliminary reference of issues to a commissioner;
f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing
the action should a valid ground therefor be found to exist;
g) The requirement for the parties to:
1. Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
2. Examine and make comparisons of the adverse parties' evidence vis-a- vis the copies to
be marked;
3. Manifest for the record stipulations regarding the faithfulness of the reproductions and
the genuineness and due execution of the adverse parties' evidence;
4. Reserve evidence not available at the pre-trial, but only in the following manner:
i. For testimonial evidence, by giving the name or position and the nature of the
testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence.
No reservation shall be allowed if not made in the manner described above.
(h) Such other matters as may aid in the prompt disposition of the action. (Sec. 2, Rule 18)
4) Q: What is the effect of failure of the party or counsel to appear during pre-trial under the
amended rules?
A: The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall
result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness
and due execution. (Sec. 2, Rule 18)
5) Q: What is the effect of failure of the party or counsel to bring the evidence required under the
amended rules?
A: The failure without just cause of a party and/or counsel to bring the evidence required shall be
deemed a waiver of the presentation of such evidence. (Sec. 2, Rule 18)
6) Q: What does the notice of pre-trial includes?
A: The notice of pre-trial shall include the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary. (Sec. 3, Rule 18)
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7) Q: What is the rule on service of notice of pre-trial conference?
A: The notice of pre-trial shall be served on:

1) The counsel; or
2) On the party if he or she has no counsel; (Sec. 3, Rule 18)
8) Q: What is the duty of the counsel served with notice of pre-trial?
A: The counsel served with such notice is charged with the duty of notifying the party represented by
him or her. (Sec. 3, Rule 18)
9) Q: What is the effect of failure to appear on the above settings?
A: Non-appearance at any of the foregoing settings shall be deemed as non- appearance at the pre-trial
and shall merit the same sanctions under Section 5 hereof. (Sec. 3, Rule 18)
10) Q: What is the effect of failure of the plaintiff to appear during pre-trial conference? (Principle
of non-suited)
A: When duly notified, the failure of the plaintiff and counsel to appear without valid cause when so
required, pursuant to the next preceding Section, shall cause the dismissal of the action. (Sec. 4, Rule 18)
11) Q: What is the effect of failure of the defendant to appear during pre-trial conference?
A: A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present
his or her evidence ex-parte within ten (10) calendar days from termination of the pre-trial, and the
court to render judgment on the basis of the evidence offered. (Sec. 4, Rule 18)
12) Q: What is the rule on the conduct of judicial dispute resolution under the amended rules?
A: Only if the judge of the court to which the case was originally raffled is convinced that settlement is
still possible, the case may be referred to another court for judicial dispute resolution. (Sec. 9, Rule 18)
13) Q: When to conduct judicial dispute resolution under the amended rules?
A: The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15)
calendar days from notice of failure of the court-annexed mediation. (Sec. 9, Rule 18)
14) Q: What is the effect if the judicial dispute resolution fails under the amended rules?
A: If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed
upon. (Sec. 9, Rule 18)
15) Q: What is the nature of the proceedings under the amended rules?
A: All proceedings during the court-annexed mediation and the judicial dispute resolution shall be
confidential. (Sec. 9, Rule 18)
16) Q: When can the court submit the case for judgment after pre-trial?
A: The court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or
summary judgment under Rule 35can motu proprio include in the pre-trial order that the case be
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submitted for summary judgment or judgment on the pleadings, without need of position papers or
memoranda, in the following instances:
1) When there be no more controverted facts;
2) When there be no more genuine issue as to any material fact;
3) An absence of any issue; or
4) Should the answer fail to tender an issue. (Sec. 9, Rule 18)
17) Q: When can the court render judgment?
A: In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the
pre-trial. (Sec. 9, Rule 18)
18) Q: Can the order be subject to appeal or certiorari?
A: No. The order of the court to submit the case for judgment pursuant to this Rule shall not be the
subject to appeal or certiorari. (Sec. 9, Rule 18)
19) Q: Effect of failure to appear on the part of the plaintiff during pre-trial in environmental
cases:
A: The court shall not dismiss the complaint, except upon repeated and unjustified failure of the plaintiff
to appear. The dismissal shall be without prejudice, and the court may proceed with the counterclaim.
(Sec. 7, Rule 3, Special Rules on Environmental Cases)
20) Q: What is a consent decree?
A: Consent decree- refers to a judicially-approved settlement between concerned parties based on

public interest and public policy to protect and preserve the environment.
21) Q: What are the distinctions between pre-trial in Civil Cases (Rule 18) and Criminal cases
(Rule 118)?
PRE-TRIAL IN CIVIL CASES (RULE 18) PRE-TRIAL IN CRIMINAL CASES

(RULE 118)
a) Pre-trial in a civil case is set when the plaintiff a) Pre-trial in a criminal case is ordered by
moves ex parte to set the case for pre-trial the court and no motion to set the case for pre-
(Section 1, Rule 18 of the Rules of Court). trial is required from either the prosecution or
the defense. (Section 1, Rule 118 of the Rules
of Court).
b) A motion to set the case for pre-trial in a civil b) In a criminal case, pre-trial is ordered by
case is made after the last pleading has been served the court after arraignment and within thirty
and filed (Section 1, Rule 18 of the Rules of Court). (30) days from the date the court has acquired
jurisdiction over the person of the accused
(Section 1, Rule 118 of the Rules of Court).
c) Pre-trial in a civil case considers the possibility c) Pre-trial in a criminal case does not
of an amicable settlement as an important include the considering of the possibility of
objective (Section 2[a], Rule 18 of the Rules of amicable settlement of criminal liability as
Court). one of its purposes (Section 1, Rule 118 of the
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Rules of Court.
d) In a civil case, the agreements and admissions d) In a criminal case, all agreements or
made in pre-trial are not required to be signed admissions made or entered during the
by the parties and their counsels. They are pre-trial conference shall be reduced in
contained in the record of pre-trial and the pre-trial writing and signed by the accused and
order (Section 7, Rule 18 of the Rules of Court). counsel; otherwise, they cannot be used
against the accused (Section 2, Rule 118 of the
Rules of Court).
e) The sanctions for non-appearance in a pre-trial e) The sanctions in a criminal case are
conference are imposed upon the plaintiff which imposed upon the counsel for the accused
will result to the dismissal of the case with or the prosecutor (Section 3, Rule 118 of the
prejudice unless otherwise ordered by the court to Rules of Court).
be without prejudice or the defenda0nt in a civil
case which would result in the ex-parte
presentation of evidence by the plaintiff. (Section
4, Rule 18 of the Rules of Court).
XVII. INTERVENTION (RULE 19)
1) Q: What is intervention?
A: It is an ancilliary remedy filed by a third person who has a legal interest over the success of the
plaintiff or the defendant, or both or who will greatly affected by the disposition of the property subject
matter of the action.
Q: Who may intervene in the action?
A: A person who has a legal interest in the matter in litigation, or in the success of either of the parties,
or an interest against both, or is so situated as to be adversely affected by a distribution or other
disposition of property in the custody of the court or of an officer thereof may, with leave of court, be
allowed to intervene in the action. (Sec. 1, Rule 19)
Q: When to intervene under the amended rules?
A: The motion to intervene may be filed at any time before rendition of judgment by the trial court. (Sec.
2, Rule 19)
6) Q: Can it be filed even after rendition of judgment?
A: Yes. Interventions have been allowed even beyond the period prescribed in the Rule, when demanded
by the higher interest of justice. Interventions have also been granted to afford indispensable parties,
who have not been impleaded, the right to be heard even after a decision has been rendered by the trial
court, when the petition for review of the judgment has already been submitted for decision before the
Supreme Court, and even where the assailed order has already become final and executory. In Lim vs.
Pacquing, the motion for intervention filed by the Republic of the Philippines was allowed by this Court
to avoid grave injustice and injury and to settle once and for all the substantive issues raised by the
parties. (Eleazar P. Quinto and Gerino A. Tolentino, Jr. vs. COMELEC, G.R. No. 189698, February 22, 2010)
Q: What are the pleadings to be filed in case of intervention under the amended rules?
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A: The intervenor shall file:
1) A complaint-in- intervention if he or she asserts a claim against either or all of the original parties; or
2) An answer-in-intervention if he or she unites with the defending party in resisting a claim against the
latter. (Sec. 3, Rule 19)
Q: When to file an answer to the complaint-in-intervention?
A: The answer to the complaint- in-intervention shall be filed within fifteen (15) calendar days from
notice of the order admitting the same, unless a different period is fixed by the court. (Sec. 4, Rule 19)
Q: What is the effect of failure to file an answer to the complaint-in-intervention?
A: Failure to file the required answer can give rise to default. (Natividad Lim vs. National Power
Corporation, Sps. Roberto Ll. Arcinue and Arabela Arcinue, G.R. No. 178789, November 14, 2012)
) Q: What is the remedy in case of denial of the Motion for Leave or Complaint in intervention?
A: Appeal being an adjudication upon the merits or file a separate claim
3) Q: Can an unpaid creditor intervene in the settlement of the estate of the decedent based on
contingent claims?
A: Unpaid creditor CANNOT INTERVENE in case of settlement of the estate of the decedent. The creditor
must file a claim against the estate of the decedent under Rule 86.
) Is a mere letter to intervene sufficient?
A: No. There must be a motion for leave to intervene and the attached pleading in intervention. Mere
letter to intervene is not allowed:
Q: Differences between Intervention (Rule 19) and Interpleader (Rule 62).
Intervention Interpleader
a) Intervention is an ancillary action; a) Interpleader is an original action;
b) Intervention is proper in any of the b) Interpleader presupposes that the plaintiff has no interest
four situations mentioned in the Rule in the subject matter of the action or has an interest therein
who has legal interest therein; which, in whole or in part, is not disputed by the other
parties to the action
c In a complaint in intervention, the c) In interpleader, the defendants are being sued precisely to
defendants are already original implead them;
parties to the pending suit
d. Intervention can be filed where the d) Interpleader can be filed at the first instance with the
original action is pending; Regional Trial Court or Metropolitan Trial Court, Municipal
Trial Court depending on the nature of the property and its
value/assessed
e) The remedy in case of denial of e) the remedy in interpleader is to appeal the judgment.
intervention is to appeal the denial
being a final order or file a separate
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action
XVIII. MODES OF DISCOVERIES (RULES 23-28)
Q: What is a mode of discovery?
A: It is a device to obtain information about relevant matters on the case from the adverse party in
preparation for trial.
Q: What is the purpose of modes of discovery?
A: Modes of discovery are intended for the following purposes, to wit:

a) It is used as a device to narrow and clarify basic issues between the parties;
b) It is used as a device for ascertaining facts relative to the issue of the case;
c) To obtain full knowledge of the issues and facts of the case;
d) To avoid perjury and detection of false and fraudulent claims and defenses;
e) To expedite the proceedings; and
f) To simplify issues of the case.
a) Deposition (RULE 23)
1) Q: What is deposition?
A: A deposition is the testimony of a witness, put or taken in writing, under oath or affirmation, before
a commissioner, examiner of other judicial officer, in answer to interrogatory or cross-interrogatory,
and usually subscribed by the witness. (Ayala Land, Inc. vs. Tagle, et al., G.R. No. 153667, August 11, 2005)
2) Q: What is the purpose of taking deposition?
A: The purpose of taking deposition as explained in the case of People vs. Webb (312 SCRA 573 [1993])
are the following:
a) Assist the parties in ascertaining the truth and in checking and preventing perjury;
b) Provide an effective means of detecting and exposing false, fraudulent claims and defenses;
c) Make available in a simple, convenient and inexpensive way, facts which otherwise could not be
proved except with greater difficulty;
d) Educate the parties in advance of trial as to the real value of their claims and defenses thereby
encouraging settlement;
e) Expedite litigation;
f) Prevent delay;
g) Simplify and narrow down issues;
h) Expedite and facilitate both preparation and trial.
3) Q: How will the deposition of a person be taken pending action?
A: Upon ex parte motion of a party, the testimony of any person, whether a party or not, may be taken
by deposition upon oral examination or written interrogatories. (Sec. 1, Rule 23)
4) Q: Can a deposition be used as an evidence even though the deponent is not called to the
witness stand?
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A: YES. As regards the taking of depositions, Rule 23, Section 1 is clear that the testimony of any person
may be taken by deposition upon oral examination or written interrogatories at the instance of any
party.
The Supreme Court has held that depositions may be used without the deponent being actually
called to the witness stand by the proponent, under certain conditions and for certain limited purposes.
(Ingrid Sala Santamaria vs Thomas Cleary, G.R. No. 197122; June 15, 2016, J. Leonen)
5) Q: What is the limitation on the taking of deposition?
A: The deponent cannot be made to testify on matters which are privilege in character. (Sec. 3, Rule 23)
6) Q: What is the purpose and use of deposition?
A: At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of evidence, may be used against any party who was
present or represented at the taking of the deposition or who had due notice thereof, in accordance with
any one of the following provisions:
a) Any deposition may be used by any party for the purpose of contradicting or impeaching the
testimony of deponent as a witness;
b) The deposition of a party or of any one who at the time of taking the deposition was an officer,
director, or managing agent of a public or private corporation, partnership, or association which
is a party may be used by an adverse party for any purpose;
c) The deposition of a witness, whether or not a party, may be used by any party for any purpose
if the court finds:
1. That the witness is dead; or
2. That the witness resides at a distance more than one hundred (100) kilometers from the
place of trial or hearing, or is out of the Philippines, unless it appears that his absence was
procured by the party offering the deposition; or
3. That the witness is unable to attend or testify because of age, sickness, infirmity, or
imprisonment; or
4. That the party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or
5. Upon application and notice, that such exceptional circumstances exist as to make it
desirable, in the interest of justice and with due regard to the importance of presenting
the testimony of witness orally in open court, to allow the deposition to be used; and
d) If only part of a deposition is offered in evidence by a party, the adverse party may require him
to introduce all of it which is relevant to the part introduced, and any party may introduce any
other parts. (Sec. 4, Rule 23)
7) Q: What is the “Viatory Right” of the witness
A: If the witness resides more than 100 km from the place where he is to travel by the ordinary course
of travel, or if he is a detention prisoner and no permission is obtained from the court in which his case
is pending, then he cannot be compelled to attend the trial. The right is available only in CIVIL cases.
8) Q: What is the effect of substitution of parties on the deposition taken?
A: Substitution of parties does not affect the right to use depositions previously taken.
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9) Q: Can a deposition be used in another action?
A: Yes, when an action has been dismissed and another action involving the same subject is afterward
brought between the same parties or their representatives or successors in interest, all depositions
lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
(Sec. 5, Rule 23)
10) Q: What is the effect of the taking of deposition of a person?
A: A party shall not be deemed to make a person his or her own witness for any purpose by taking his
or her deposition. (Sec. 7, Rule 23)
11) Q: What is the effect of introducing the deposition as evidence?
A: The introduction in evidence of the deposition or any part thereof for any purpose other than that of
contradicting or impeaching the deponent makes the deponent the witness of the party introducing the
deposition, but this shall not apply to the use by an adverse party of a deposition as described in
paragraph (b) of Section 4 of this Rule. (Sec. 8, Rule 23)
12) Q: Who may take the deposition of a person?
A: Within the Philippines, depositions may be taken before:

1) Any judge;
2) Notary public; or
3) The person referred to in Section 14, If the parties so stipulate in writing, depositions may be
taken before any person authorized to administer oaths. (Sec. 10, Rule 23)
13) Q: Who may take deposition of a person abroad?
A: In a foreign state or country, depositions may be taken

a) On notice before a secretary of embassy or legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines;
b) Before such person or officer as may be appointed by commission or under letters rogatory; or
c) The person referred to in Section 14, If the parties so stipulate in writing, depositions may be
taken before any person authorized to administer oaths. (Sec. 11, Rule 23)
14) Q: When will a letter rogatory or commission be issued?
A: A commission or letters rogatory shall be issued only:

1) When necessary or convenient;
2) On application and notice; and
3) On such terms and with such direction as are just and appropriate. (Sec. 12, Rule 23)
15) Q: What is a letter commission?
A: It is an instrument issued by a court of justice, or other competent tribunal to authorize a person to

take depositions, or do any other act by authority of such court or tribunal.
16) Q: What is a letter rogatory?
A: It is an instrument whereby a foreign court is informed of the pendency of a case and the name of the
foreign witness, and is requested to cause their depositions to be taken in due course of law for the
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furtherance of justice, with an offer on the part of the court making the request, to do the like for the
other, in a similar case. (Ballentine’s Law Dictionary, 2nd ed., p. 744)
17) Q: Who are disqualified to take deposition?
A: No deposition shall be taken before a person who is:

1) A relative within the sixth degree of consanguinity or affinity;
2) Employee or counsel of any of the parties;
3) Person who is a relative within the same degree;
4) Employee of such counsel; or
5) Person who is financially interested in the action. (Sec. 13, Rule 23)
18) Q: What are the orders which can be issued by the court for the taking of deposition upon
oral examination?
A: After notice is served for taking a deposition by oral examination, upon motion seasonably made by
any party or by the person to be examined and for good cause shown, the court in which the action is
pending may make the following orders:
a) That the deposition shall not be taken;
b) That the deposition may be taken only at some designated place other than
c) that stated in the notice;
d) That the deposition may be taken only on written interrogatories;
e) That certain matters shall not be inquired into;
f) That the scope of the examination shall be held with no one present except the parties to the
action and their officers or counsel;
g) That after being sealed the deposition shall be opened only by order of the
h) court;
i) That secret processes, developments, or research need not be disclosed; or (h) That the parties
shall simultaneously file specified documents. (Sec. 16, Rule 23)
19) Q: What is the remedy of the deponent If the examination tends to harass, annoy, disrepute
the deponent?
A: The proponent may file a Motion to Terminate or Limit the Examination, and shall only resume upon
Order of the court (Sec. 18, Rule 23):
20) Q: How to take deposition of a person upon written interrogatories?
A: A party desiring to take the deposition of any person upon written interrogatories shall:
1) Serve them upon every other party with a notice;
2) It shall state the name and address of the person who is to answer them; and
3) It shall state the name or descriptive title and address of the officer before whom the
deposition is to be taken. (Sec. 25, Rule 23)
21) Q: When to file cross-interrogatories?
A: Within ten (10) calendar days thereafter, a party so served may serve cross- interrogatories upon the
party proposing to take the deposition. (Sec. 25, Rule 23)
22) Q: When to file re-direct interrogatories?
A: Within five (5) calendar days thereafter the latter may serve re-direct interrogatories upon a party
who has served cross-interrogatories. (Sec. 25, Rule 23)
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23) Q: When to file recross-interrogatories?
A: Within three (3) calendar days after being served with re-direct interrogatories, a party may serve
recross-interrogatories upon the party proposing to take the deposition. (Sec. 25, Rule 23)
24) Q: What are the rules on the objections to errors and irregularities in deposition?
A:
1. As to notice- waived unless written objection is promptly filed to the party giving the notice.
2. As to disqualification of officer- waived, unless made before the taking of deposition begins, or
as soon as the disqualification became known or could be discovered with reasonable diligence.
3. As to competency or relevancy of evidence – are not waived by failure to object during the
taking of deposition, unless the ground of the objection is one which might have been obviated
or removed if presented at the time;
4. As to oral examination and other particulars- waived unless reasonable objection thereto is
made at the taking of the deposition.
5. As to form of written interrogatories - Objection waived, unless served in writing upon the
parties propounding them within the time allowed for serving succeeding cross or other
interrogatories, within three (3) days after service after service of the last interrogatories.
6. As to manner of preparation- Objection waived, unless a motion to suppress deposition or
some part thereof is made with reasonable promptness after such defect is, or with due diligence
might have been ascertained.
b) Deposition Pending Appeal (RULE 24)
1) Q: What is the rule on the taking of deposition pending appeal?
A: If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases,
or before the taking of an appeal if the time therefor has not expired, the court in which the judgment
was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in
the event of further proceedings in the said court. (Sec. 7, Rule 24)
2) Q: What are the requirements to be complied with?
A: In such case the party who desires to perpetuate the testimony may make a motion in the said court
for leave to take the depositions, upon the same notice and service thereof as if the action was pending
therein. (Sec. 7, Rule 24)
b) Interrogatories to Parties (RULE 25)
1) Q: How to avail the mode of discovery of interrogatories to parties?
A: Upon ex parte motion, any party desiring to elicit material and relevant facts from any adverse parties
shall:
1) File and serve upon the latter written interrogatories to be answered by the party served; or,
2) If the party served is a public or private corporation or a partnership or association, by any officer
thereof competent to testify in its behalf. (Sec. 1, Rule 25)
2) Q: What is the remedy in case of denial of written interrogatories?

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A: An order denying the written interrogatories is interlocutory in nature, and petition for certiorari
under Sec. 1, Rule 65 in case the order is patently erroneous.
3) Q: What is the purpose of Interrogatories to parties?
A: To elicit material and relevant facts.
4) Q: What is the requirement in filing of the answer?
A: Interrogatories must be answered under oath, otherwise deemed impliedly admitted are the matters
stated in the interrogatories within fifteen days, unless extended (Sec. 2, Rule 25).
5) Q: What is the effect of failure to file an answer under oath?
A: If there is no answer, the party requested may be declared in default and judgment by default may
be rendered under Sec. 5, Rule 29.
6) Q: What is the effect of failure to serve interrogatories? (2016 Bar Exam)
A: A party not served with interrogatories may not be compelled to give testimony in open court, or to
give deposition pending appeal. (Sec. 6, Rule 25)
7) Q: Is there any exception?
A: When allowed by the court upon good cause shown and to prevent failure to justice.
c) Admission by the Adverse Party (RULE 26)
1) Q: When to file written request for admission?
A: At any time after issues have been joined, a party may file and serve upon any other party a written
request for the admission by the latter of the genuineness of any material and relevant document
described in and exhibited with the request or of the truth of any material and relevant matter of fact
set forth in the request. (Sec. 1, Rule 26)
2) Q: What is the purpose of request for written admission?
A: To admit the genuineness of any material and relevant document, and material and relevant fact.
3) Q: What is the duty of the party served with written request for admission?
A: File an answer under oath or sworn statement/answer within fifteen (15) days from service denying
specifically the matter requested or setting forth in detail the reason why he cannot admit or deny the
same. (Sec. 2, Rule 26)
4) Q: How to deny matters stated in the written request for admission?
A: Each of the matters of which an admission is requested shall be deemed admitted unless, within a
period designated in the request, which shall not be less than fifteen (15) calendar days after service
thereof, or within such further time as the court may allow on motion, the party to whom the request is
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directed files and serves upon the party requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or setting forth in detail the reasons why he
or she cannot truthfully either admit or deny those matters. (Sec. 2, Rule 26)
5) Q: What is the effect of admission?
A: Admission made based on such request is for the purpose of a pending action only and not for
another purpose, nor it may be used in any other proceeding. (Sec. 3, Rule 26).
6) Q: Can the admission be withdrawn or amended?
A: Yes, the court may allow the admission, whether express or implied to be withdrawn or amended
upon such terms as maybe just. (Sec. 4, Rule 26)
7) Q: What is the effect of failure to serve written request for admission?
A: Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice, a party
who fails to file and serve a request for admission on the adverse party of material and relevant facts at
issue which are, or ought to be, within the personal knowledge of the latter, shall not be permitted to
present evidence on such facts. (Sec. 5, Rule 26)
e) Production and Inspection of Documents or Things or Premises (RULE 27)
1) Q: What are the orders which may be issued by the court in case of motion for production and
inspection?
A: Upon motion of any party showing good cause therefor, the court in which an action is pending may
issue the following:
a) Order any party to produce and permit the inspection and copying or photographing, by or on
behalf of the moving party, of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which constitute or contain evidence
material to any matter involved in the action and which are in his or her possession, custody or
control; or
b) Order any party to permit entry upon designated land or other property in his or her possession
or control for the purpose of inspecting, measuring, surveying, or photographing the property or
any designated relevant object or operation thereon. The order shall specify the time, place and
manner of making the inspection and taking copies and photographs, and may prescribe such
terms and conditions as are just. (Sec. 1, Rule 27)
2) Q: What is the coverage and limitation under the rule?
A: Any documents, papers, books, accounts, letters, photographs, objects or tangible things not
otherwise PRIVILEGE.
3) Q: Would hospital records of a patient be subject of production and inspection of documents?
A: Disclosing them would be the equivalent of compelling the physician to testify on privileged matters
he gained while dealing with the patient, without the latter’s prior consent and violates Sec. 24 © Rule
130. (Josielen Lara Chan Vs. Johnny T. Chan, G.R. No. 179786. July 24, 2013)
4) Q: What is the purpose of the remedy of production and inspection of document?
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A: The provision on production and inspection of documents is to enable not only the parties but also
the court to discover all the relevant and material facts in connection with the case pending before it.
(Philippine Health Insurance Corporation Vs. Our Lady of Lourdes Hospital, G.R. No. 193158. November 11,
2015)
XIX. TRIAL (RULE 30)
1) Q: What is the order of trial in civil cases?
A: Subject to the provisions of Section 2 of Rule 31, and unless the court for special reasons otherwise
directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:
a) The plaintiff shall adduce evidence in support of his or her complaint;

b) The defendant shall then adduce evidence in support of his or her defense,
c) counterclaim, cross-claim and third-party complaint;
d) The third-party defendant, if any, shall adduce evidence of his or her defense,
e) counterclaim, cross-claim and fourth-party complaint;
f) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;
g) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence
in support of their defense, in the order to be prescribed by the court;
h) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons
and in the furtherance of justice, permits them to adduce evidence upon their original case; and
i) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court
directs the parties to argue or to submit their respective memoranda or any further pleadings. (Sec.
5, Rule 30)
2) Q: May the parties agree and stipulate on the facts involve in the case?
A: Yes, parties may agree in writing on the facts involved in the case, and submit the case for judgment
on the facts agreed upon without the introduction of the evidence. (Sec. 6, Rule 30)
3) Q: What is effect if there is only a partial stipulation on the facts?
A: The court shall conduct trial on the disputed facts in such order as the court may prescribe/
XX. TRIAL BY COMMISSIONER (RULE 32)
Q: What is the rule on referral of the case to a commissioner by consent of the parties?
A: By written consent of both parties, the court may order any or all of the issues in a case to be referred
to a commissioner to be agreed upon by the parties or to be appointed by the court. (Sec. 1. Rule 32)
Q: When can the trial be referred to a commissioner in the absence of consent of the parties?
A: When the parties do not consent, the court may, upon the application of either or of its own motion,
direct a reference to a commissioner in the following cases:
a) When the trial of an issue of fact requires the examination of a long account on either side, in
which case the commissioner may be directed to hear and report upon the whole issue or any
specific question involved therein;
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b) When the taking of an account is necessary for the information of the court before judgment, or
for carrying a judgment or order into effect;
c) When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgment or order into effect. (Sec. 2, Rule 32)
) Q: What are the powers of the commissioner?
A: 1) Power to regulate the proceedings:

2) he may issue subpoena;
3) he may rule on the admissibility of evidence (Sec. 3, Rule 32)
4) Contempt. (Sec. 7, Rule 32)
Q: When to file objections on the report of the commissioner?
A: Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed ten
(10) calendar days within which to signify grounds of objections to the findings of the report, if they so
desire.
Q: Can the party object on the ground which were available during the proceedings?
A: No, as expressly mandated by the above-cited rule, objections to the report based upon grounds which
were available to the parties during the proceedings before the commissioner, other than objections to
the findings and conclusions therein set forth, shall not be considered by the court unless they were
made before the commissioner. (Sec. 10, Rule 32)
XXI. DEMURRER TO EVIDENCE (RULE 33)
1) Q: When to file demurrer to evidence?
A: After the plaintiff has completed the presentation of his or her evidence, the defendant may move for
dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. (Sec. 1,
Rule 33)
2) Q: What is the remedy of the defendant when his motion is denied?
A: If his or her motion is denied, he or she shall have the right to present evidence. (Sec. 1, Rule 33)
3) Q: What is the effect of granting of the motion but was reversed on appeal?
A: If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to
have waived the right to present evidence. (Sec. 1, Rule 33)
4) Q: What are the requirements for the filing of demurrer to evidence?
A: A demurrer to evidence shall be subject to the provisions of Rule 15. (Sec. 2, Rule 33)
5) Q: What is the prohibition on the order denying the demurrer to evidence?
A: The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari,
prohibition or mandamus before judgment. (Sec. 2, Rule 33)
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6) Q: Who may resolve the motion for demurrer to evidence?
A: Motion To demurrer to Evidence can only be resolved by the trial court since it is not within the
province of the appellate court to grant or deny the same. (Nenita Gonzales, Et. Al. Vs. Mariano Bugaay
And Lucy Bugaay, G.R. No. 173008, February 22, 2012)
7) Q: What are the distinctions between Demurrer to evidence in Civil Cases (Rule 33) and in
Criminal Cases (Sec. 23, Rule 119)?
DEMURRER IN CIVIL CASES (RULE 33) DEMURRER IN CRIMINAL CASES

(SEC. 23, RULE 119)
a) in civil cases, such grant is an a) In criminal cases, the grant of a demurrer is
adjudication on the merits of the case, tantamount to an acquittal and the dismissal order may
which is definitely subject to appeal. (Sec.
not be appealed because this would place the accused in
1, Rule 33) double jeopardy. Although the dismissal order is not
subject to appeal, it is still reviewable but only through
certiorari under Rule 65 of the Rules of Court. (People vs.
Sandiganbayan, G.R. No. 174504, March 21, 2011)
b) In civil cases, the court may dismiss b) In criminal cases, the court may motu proprio or upon
the case upon motion of the defendant. motion of the accused dismiss the case.
c) In civil cases, leave of court is not c) In criminal actions, the motion for demurrer to
required. evidence may be filed with or without leave of court. A
motion for leave of court is filed, in the event that the
court does not find an insufficiency of evidence to motu
proprio dismiss the case, within a non-extendable period
of five (5) days after the prosecution rests its case. The
motion for leave of court may or may not be granted, and
in case not, the accused may still adduce evidence in his
defense, for such denial is not reviewable by appeal or
even by certiorari.
d) In a demurrer to evidence on civil d) In any event, if the accused strongly believes that the
cases, the motion for demurrer may prosecution does not have sufficient evidence to prove
simply be filed without leave of court, but his guilt, he may nonetheless file a Motion for Demurrer
the denial thereof will still allow the to evidence without leave of court, but takes the risk that,
defendant to present his evidence to in case of denial thereof, he is deemed to have waived his
rebut the plaintiff’s claim. right to present evidence, and submits the case for
judgment on the basis of the evidence for the prosecution.
XXII. JUDGMENT ON THE PLEADINGS (RULE 34) AND SUMMARY JUDGMENT (RULE 35)
1) Q: What action the court may undertake if the answer fails to tender an issue?
A: The court may motu proprio or on motion render judgment on the pleadings if it is apparent that the
answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s
pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of these Rules. (Sec. 2, Rule
34)
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2) Q: What is the prohibition on the action of the court on the motion for judgment on the
pleadings?
A: Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or
petition for certiorari, prohibition or mandamus. (Sec. 2, Rule 34)
3) Q: When can the plaintiff move for summary judgment?
A: A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief
may, at any time after the pleading in answer thereto has been served, move with supporting affidavits,
depositions or admissions for a summary judgment in his or her favor upon all or any part thereof. (Sec.
1, Rule 35)
4) Q: When can a defendant move for summary judgment?
A: A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought
may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment
in his or her favor as to all or any part thereof. (Sec. 2, Rule 35)
5) Q: What are the bases of summary judgment?
A: A trial court may dispense with trial and proceed to decide a case if from the pleadings, affidavits,
depositions, and other papers on file, there is no genuine issue as to any material fact. (Olivarez Realty
Corporation and Dr. Pablo R. Olivarez, vs. Benjamin Castillo, G.R. No. 196251, July 9, 2014)
6) Q: What are the requirements for the filing of motion for summary judgment?
A: The motion shall cite the supporting affidavits, depositions or admissions, and the specific law relied
upon. (Sec. 3, Rule 35)
7) Q: What is the remedy of the adverse party served with motion for summary judgment?
A: The adverse party may file a comment and serve opposing affidavits, depositions, or admissions
within a non-extendible period of five (5) calendar days from receipt of the motion. (Sec. 3, Rule 35)
8) Q: When can the court render judgment on the pleadings?
A: Unless the court orders the conduct of a hearing, judgment sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions and admissions on file, show that, except as to the amount
of damages, there is no genuine issue as to any material fact and that the moving party is entitled to
judgment as a matter of law. (Sec. 3, Rule 35) (Trade and Investment Development Corp. of the Philippines,
a.k.a. Philippine Export-Import Credit Agency vs. Philippine Veterans Bank, G.R. No. 233850, July 1, 2019)
9) Q: What is the rule to be observed in case judgment is not rendered in the whole case?
A: If on motion under this Rule, judgment is not rendered upon the whole case or for all the reliefs sought
and a trial is necessary, the court may, by examining the pleadings and the evidence before it and by
interrogating counsel, ascertain what material facts exist without substantial controversy, including the
extent to which the amount of damages or other relief is not in controversy, and direct such further
proceedings in the action as are just. (Sec. 4, Rule 35)
10) Q: What is the rule if the case is not fully adjudicated on motion?
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A: The court shall render separate judgments if necessary when some facts existed without controversy,
while others were controverted. (Sec. 4, Rule 35)
11) Q: Are Motions for judgment on the pleadings or summary judgment available only during
pre-trial conference?
A: NO. We consider it erroneous on the part of the CA to declare that "it is only at the pre-trial that the
rules allow the courts to render judgment on the pleadings and summary judgment, as provided by
Section 2(g) of Rule 18 of the Rules of Court." The filing of the motion for summary judgment may
be done prior to the pre-trial. Section 1, Rule 35 of the Rules of Court permits a party seeking to recover
upon a claim, counterclaim, or cross-claim or seeking declaratory relief to file the motion for a summary
judgment upon all or any part thereof in his favor (and its supporting affidavits, depositions or
admissions) "at any time after the pleading in answer thereto has been served;" while Section 2 of Rule
35 instructs that a party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
relief is sought may file the motion for summary judgment (and its supporting affidavits, depositions or
admissions) upon all or any part thereof "at any time." As such, the petitioners properly filed their
motion for summary judgment prior to the pre-trial (assuming that they thereby complied with the
requirement of supporting affidavits, depositions or admissions). (Spouses Sergio Pascual and Emma
Pascual vs. First Consolidated Rural Bank (Bohol) Inc. et al, G.R. No. 202597 | February 8, 2017, BERSAMIN,
J.)
12) Q: Summary judgment distinguished from judgment on the pleadings?
A: A summary judgment is usually distinguished from a judgment on the pleadings. Under Rule 34 of
the 1997 Rules of Civil Procedure, trial may likewise be dispensed with and a case decided through
judgment on the pleadings if the answer filed fails to tender an issue or otherwise admits the material
allegations of the claimant’s pleading.
Judgment on the pleadings is proper when the answer filed fails to tender any issue, or otherwise admits
the material allegations in the complaint. On the other hand, in a summary judgment, the answer filed
tenders issues as specific denials and affirmative defenses are pleaded, but the issues raised are sham,
fictitious, or otherwise not genuine. (Olivarez Realty Corporation and Dr. Pablo R. Olivarez vs. Benjamin
Castillo, G.R. No. 196251; July 9, 2014, J. Leonen)
13) Q: What are the distinctions between judgment on the pleadings and summary judgment?
JUDGMENT ON THE PLEADINGS (RULE 34) SUMMARY JUDGMENT (RULE 35)

a) Judgment on the pleadings is proper when it a) summary judgment is proper even if
appears that there is no genuine issue between the there is an issue as to damages recoverable.
parties;
b) Judgment on the pleadings is based exclusively b) summary judgment is based not only on
upon the pleadings without introduction of evidence; the pleadings but also upon the affidavits,
depositions and admissions of the parties
showing that, except as to the amount of
damages, there is no genuine issue.
c) Judgment on the pleadings is available in any c) summary judgment is proper only in
action, except for annulment of marriage or legal actions to recover a debt, or for a liquidated
separation; sum of money, or for declaratory relief.
d) A motion for judgment on the pleadings is d) A motion for summary judgment
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subject only to the 3 day notice rule (Sec. 4, Rule 15) requires prior 10-day notice. (Sec. 3, Rule 35)
and where all the material averments of the
complaint are admitted, such motion may even be
made ex parte (Cruz vs. Oppen, L-23861, February 17,
1968);
XXIII. JUDGMENT/ORDERS/RESOLUTION (RULE 36)
1) Q: What is the nature of the Minute Resolution issued by the Supreme Court or Court of
Appeals?
A: Minute Resolution of the Supreme Court and Court of Appeals is a final order disposing of the action
which bars the refilling of the case and therefore constitute res judicata.
2) Q: What are the distinctions between a final order and an interlocutory order?
A: The first disposes of the subject matter in its entirety or terminates a particular proceeding or action,
leaving nothing more to be done except to enforce by execution what the court has determined, but the
latter does not completely dispose of the case but leaves something else to be decided upon.
An interlocutory order deals with preliminary matters and the trial on the merits is yet to be
held and the judgment rendered. The test to ascertain whether or not an order or a judgment is
interlocutory or final is: does the order or judgment leave something to be done in the trial court with
respect to the merits of the case? If it does, the order or judgment is interlocutory; otherwise, it is final.
And, secondly, whether an order is final or interlocutory determines whether appeal is the correct
remedy or not. A final order is appealable, to accord with the final judgment rule enunciated in Section
1, Rule 41 of the Rules of Court to the effect that “appeal may be taken from a judgment or final order
that completely disposes of the case, or of a particular matter therein when declared by these Rules to
be appealable;”
3) What is the Doctrine of Immutability of Judgment? What is Slip Rule?
A Slip rule refers to a rule permitting the correction of any accidental slip or omission in
judgments or orders. Correction can be made only of typographical errors or matters that were genuine
slips or mistakes. Such errors can be corrected at any time by the court on application without an appeal.
The rule cannot be used to correct errors of substance, nor in an attempt to add to or detract from the
original order made.
- The established doctrine is that when the dispositive portion of a judgment, which has become
final and executory, contains a clerical error or an ambiguity arising from an inadvertent omission, such
error or ambiguity may be clarified by reference to the body of the decision itself. In Reinsurance
Company of the Orient, Inc. v. Court of Appeals,[6] the Court surveyed the applicable
case law in the following manner:
"It is true that even a judgment which has become final and executory may be clarified under
certain circumstances. The dispositive portion of the judgment may, for instance, contain an error
clearly clerical in nature (perhaps best illustrated by an error in arithmetical computation) or an
ambiguity arising from inadvertent omission, which error may be rectified or ambiguity clarified and
the omission supplied by reference primarily to the body of the decision itself. Supplementary reference
to the pleadings previously filed in the case may also be resorted to by way of corroboration of the
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existence of the error or of the ambiguity in the dispositive part of the judgment. In Locsin, et al. v.
Paredes, et al. (63 Phil. 87 [1936]), this Court allowed a judgment which had become final and executory
to be clarified by supplying a word which had been inadvertently omitted and which, when supplied,
in effect changed the literal import of the original phraseology: (ANTONIO L. CASTELO v. CA [ GR No.
96372, May 22, 1995 ]
5) Q: What are the exceptions to Immutability of judgment: (Slip Rule):
A: But the doctrine of immutability of a final judgment has not been absolute, and has admitted several
exceptions, among them: (a) the correction of clerical errors; (b) the so-called nunc pro tunc entries that
cause no prejudice to any party; (c) void judgments; and (d) whenever circumstances transpire after the
finality of the decision that render its execution unjust and inequitable.90 Moreover, in Heirs of Maura So
v. Obliosca,91 we stated that despite the absence of the preceding circumstances, the Court is not
precluded from brushing aside procedural norms if only to serve the higher interests of justice and
equity. Also, in Gumaru v. Quirino State College,92 the Court nullified the proceedings and the writ of
execution issued by the RTC for the reason that respondent state college had not been represented in
the litigation by the Office of the Solicitor General. (University Of The Philippines, Jose V. Abueva, Raul P.
De Guzman, Ruben P. Aspiras, Emmanuel P. Bello, Wilfredo P. David, Casiano S. Abrigo, And Josefina R.
Licuanan, Vs. Hon. Agustin S. Dizon, His Capacity As Presiding Judge Of The Regional Trial Court Of Quezon
City, Branch 80, Stern Builders, Inc., And Servillano Dela Cruz, G.R. No. 171182, August 23, 2012)
Q: When can the court decide moot questions?
The Court is not empowered to decide moot questions or abstract propositions, or to declare
principles or rules of law which cannot affect the result as to the thing in issue in the case before it. In
other words, when a case is moot, it becomes non-justiciable.
An action is considered "moot" when it no longer presents a justiciable controversy because the
issues involved have become academic or dead or when the matter in dispute has already been resolved
and hence, one is not entitled to judicial intervention unless the issue is likely to be raised again between
the parties. There is nothing for the court to resolve as the determination thereof has been overtaken by
subsequent events. (Re: Nomination of Atty. Lynda Chaguile, IBP Ifugao President, as replacement for IBP
Governor for Northern Luzon, Denis B. Habawel, A.M. No. 13-04-03-SC; December 10, 2013, J. Leonen)
XXIV. MOTION FOR NEW TRIAL OR RECONSIDERATION (RULE 37)
1) Q: What is the nature of an Order denying a Motion for Reconsideration of an order granting a
Motion to Dismiss?
A: The denial of a motion for reconsideration of an order granting the defending party’s motion to
dismiss is not an interlocutory but a final order because it puts an end to the particular matter involved,
or settles definitely the matter therein disposed of, as to leave nothing for the trial court to do other than
to execute the order. Accordingly, the claiming party has a fresh period of 15 days from notice of the
denial within which to appeal the denial. (Priscilla Alma Jose vs. Ramon Javellana et al, G.R. No. 158239,
January 25, 2012, BERSAMIN, J.)
2) Q: What Is "Second Motion For New Trial Rule"
A: The above rule provides that a second motion for new trial, based on a ground not existing, nor available
when the first motion was made, may be filed within the time herein provided excluding the time during
which the first motion had been pending. (Sec. 5, Rule 37)
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3) Q: What Is Single Motion Rule?
A: The above rule provides that no party shall be allowed a second motion for reconsideration of a
judgment or final order by the same party. (Sec. 5, Rule 37)
4) Q: Is a motion for reconsideration on the amended decision a prohibited motion?
A: NO. The “second” motion for reconsideration does not partake the nature of a prohibited pleading
because the Amended Decision is an entirely new decision which supersedes the original, for which a
new motion for reconsideration may be filed again. (Angelito L. Cristobal vs. Philippine Airlines, Inc.
and Lucio Tan, G.R. No. 201622; October 4, 2017)
5) Q: What Is “Berry Rule?
A: Motion for New trial on the ground of newly discovered evidence, which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if presented would probably alter the
result. (Sec. 1, Rule 37)
6) Q: Are motions for new trial and reconsideration allowed under the new rules?
A: Yes. Sec. 5, Rule 15 of the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. NO.
19-10-20) provides for the rule on litigious motions. It states that:
“Section 5. Litigious motions. — (a) Litigious motions include:
3) Motion for new trial;

4) Motion for reconsideration; “
7) Q: What is the effect of the filing a motion for extension of time to file motion for
reconsideration?
A: As a general rule, a motion for extension of time to file a motion for reconsideration does not toll the
period of filing an appeal, except when there is no negligence on the part of the counsel and if there is
valid ground for the relaxation of the rule. (Winston F. Garcia, in his capacity as President and General
Manager of the GSIS vs. Court of Appeals and Rudy C. Tesoro, G.R. No. 169005, January 28, 2013)
8) Q: What is a pro forma motion?
A: A pro forma motion – literally a motion in form only – is one which is filed merely for delay and as a
matter of form to interrupt the period of appeal. (Cutler v. Sebastian, 02883-R, May 8, 1974)
9) Q: When will a motion for reconsideration or new trial considered pro forma?
A: A motion for reconsideration is pro forma when it does not specify the findings or conclusions in the
judgment which are not supported by evidence or which are contrary to law. (Cruz v. Villaluz, L-41684,
February 21, 1979, 88 SCRA 511)
10) Q: What is the remedy in case of denial of a motion for reconsideration or new trial?
A: Indeed, the Court has held that an appeal from an order denying a motion for reconsideration of a final
order or judgment is effectively an appeal from the final order or judgment itself; and has expressly
clarified that the prohibition against appealing an order denying a motion for reconsideration referred
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only to a denial of a motion for reconsideration of an interlocutory order.” (Priscilla Alma Jose vs. Ramon
C. Javellana, et al., G.R. No. 158239, January 25, 2012)
11) Q: Are motions for reconsideration or new trial allowed under the Rules on Summary
Procedure?
A: No, under Section 19 of the Rules on Summary Procedure motion for reconsideration or new trial of
a judgment are prohibited motions.
12) Q: Are motions for reconsideration or new trial allowed under the 2016 Revised Rules on
Small Claims Cases?
A: No, under Section 14(c) of the 2016 Revised Rules on Small Claims Cases motion for reconsideration
or new trial of a judgment are prohibited motions.
13) Q: Is a motion for reconsideration allowed under the Rules on Writ of Amparo?
A: Yes, there being no express prohibition to the contrary, a motion for reconsideration against a
judgment is allowed under the Rules on the Writ of Amparo, and what is prohibited is a motion for
reconsideration against an interlocutory order. (Mayor William M. Mamba, Et Al. V. Leomar Bueno (G.R.
No. 191416. February 7, 2017)
14) What are the distinctions between Rule 37 vs. Rule 53?
New Trial under Rule 37 New Trial under Rule 53.

a) New Trial under Rule 37 is available only in a) New Trial under Rules 53 is available in the
the trial courts (RTC/MTC/MCTC); appellate courts (Court of Appeals);
b) New trial under Rule 37 provides for the b) New Trial under Rule 53 is grounded on newly
ground of fraud, accidence, mistake and discovered evidence;
excusable negligence and newly discovered
evidence
c) New Trial under Rule 37 shall be resolved c New Trial under Rule 53 shall be resolved
within thirty (30) days from the time the case is within ninety (90) days when the court declares
submitted for resolution; it submitted for resolution.
XXV. PETITION FOR RELIEF FROM JUDGMENT, ORDER OR PROCEEDINGS (RULE 38)
1) Q: Where to file?
A: It should be filed with the Court which rendered the judgment.
2) Q: When to file?
A: Within 60 days from knowledge, but not exceeding six months from entry of judgment.
3) Q: Can the two (2) periods prescribed under Sec. 3, Rule 38 be extended?
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A: No. The two periods under Sec. 3, Rule 38 must concur, and these periods could not be extended and
could never be interrupted. (Dr. Fe Lasam vs. Philippine National Bank and Hon. Presiding Judge of
Regional Trial Court, Branch 66, San Fernando City, La Union, G.R. No. 207433, December 5, 2018)
4) What are the grounds for petition for relief from judgment?
A: Extrinsic fraud, accident, mistake of excusable negligence. (Sec. 1, Rule 38)
5) Q: What is the remedy in case of denial of appeal due to fraud, accident, mistake or excusable
negligence?
A: When a judgment or final order is rendered by any court in a case, and a party thereto, by fraud,
accident, mistake, or excusable negligence, has been prevented from taking an appeal, he may file a
petition in such court and in the same case praying that the appeal be given due course. (Sec. 2, Rule 38)
6) Q: What is the effect if the denial of the appeal is set aside?
A: Where the denial of an appeal is set aside, the lower court shall be required to give due course to the
appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made.
(Sec. 7, Rule 38)
7) Q: What is the requirement for filing?
A: The remedy of Motion for Reconsideration, new trial, or appeal is no longer available to the plaintiff.
8) Q: What is the remedy in case of denial in case of denial of the petition?
A: File a petition for certiorari under Rule 65, since the Order denying a petition for relief or other
motion seeking relief from judgment is not appealable under Sec. 1 (a) Rule 41.
9) Q: In what cases the petition is not allowed?
A: It is not available in Summary Proceedings and Small Claims Cases since it is a prohibited motion.
XXVI. EXECUTION (RULE 39)
1) Q: What is the nature of a motion for issuance of writ of execution?
A: Motion for issuance of writ of execution is a non-litigious motion under Sec. 4, Rule 15 of the 2019
Amendments to the 1997 Rules on Civil Procedure which shall not be set for hearing and shall be
resolved by the court within five (5) calendar days from receipt thereof.
2) Q: What is the remedy in case of refusal to issue writ of execution once the judgment becomes
final?
A: A writ of mandamus lies to compel judge to issue a writ of execution when the judgment had already
become final and executory and the prevailing party is entitled to the same as a matter of right.
(Valenzona vs. Court of Appeals, 226 SCRA 306 [1993])
3) Q: What is the nature and remedy in case of an order of execution?
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A: An Order of execution is not appealable under Sec. 1, Rule, 41, which can be the subject of a special
civil action for petition for certiorari and/or prohibition under Rule 65 with application for a temporary
restraining order or writ of injunction.
4) Q: What is the remedy in an order of execution where the terms of the judgment are not clear?
A: Since order of execution is not appealable, the remedy is to first file a motion to quash with of
execution, and in case of denial file a petition for prohibition under Sec, 2, Rule 65. (Orix Metro Leasing
and Finance Corporation vs. Cardline, Inc., Mary C. Calubad, Sony N. Calubad, and the Heirs of Ng Beng
Sheng, Puring C. Ng, et al., G.R. 201417, January 13, 2016)
5) Q: What are the requisites for execution pending appeal?
A: The requisites are, there must be a motion therefore by the prevailing party, there must be a good
reason for issuing the writ of execution, and the good reason must be stated in a special order. (Maceda,
Jr. vs. Development Bank of the Philippines, 313 SCRA 233, 242 [1999]; International School, Inc. [Manila]
vs. Court of Appeals, 309 SCRA 474, 482-483 [1999]; Provident International Resources Corp. vs. Court of
Appeals, 259 SCRA 510, 525 [1996]; Eudela vs. Court of Appeals, 211 SCRA 546, 551 [1992]; Carlos D.
Villamor vs. National Power Corporation and the Court of Appeals, G.R. No. 146735, October 25, 2004)
6) Q: Is execution pending appeal allowed in case of eminent domain?
A: No, the Court rules that discretionary execution of judgments pending appeal under Sec. 2(a) of Rule
39 does not apply to eminent domain proceedings. (National Power Corporation vs. Heirs of Antonia
Rabie, G.R. No. 210218, August 17, 2016)
7) Q: What are the judgments which cannot be stayed by an appeal?
A: The following judgments shall not be stayed by an appeal, unless otherwise ordered by the court, as
follows, to wit:
1) In an action for injunction;

2) Receivership;
3) Accounting;
4) Support; and
5) Such other judgments as are now or may hereafter be declared to be immediately executory, shall
be enforceable after their rendition and shall not be stayed by an appeal taken therefrom. (Sec.4,
Rule 39)
8) Q: What is the effect of reversal of executed judgment?
A: Where the executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the
trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice
may warrant under the circumstances. (Valencia (Bukidnon) Farmers’ Cooperative Marketing
Association, Inc. vs. Heirs of Amante P. Cabotaje, G.R. No. 219984, April 3, 2019)
9) Q: When can an execution be made by motion?
A: A final and executory judgment or order may be executed on motion within five years from the date
of its entry.Sec. 6, Rule 39)
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10) Q: When can an execution be made by independent action?
A: After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be
enforced by action.
11) How can the revived judgment be enforced?
A: The revived judgment may also be enforced by motion within five years from the date of its entry.
12) Q: Which court has jurisdiction over action for revival of judgment?
A: As an action to revive judgment raises issues of whether the petitioner has a right to have the final
and executory judgment revived and to have the judgment enforced, therefore, the subject matter is one
incapable of pecuniary estimation falling within the exclusive original jurisdiction of the RTC pursuant
to Sec. 19 of B.P. 129. (Douglas F. Anama, vs. CITIBANK, N.A. (formerly First National City Bank), G.R. No.
192048, December 2017)
13) Q: Where will the action for revival of judgment be filed?
A: If the action for revival of judgment affects title to or possession of real property, or interest therein,
then it is a real action that must be filed with the court of the place where the real property is located,
and it is then a personal action that may be filed with the court of the place where the plaintiff or
defendant resides. (Adelaida Infante, vs. Aran Builders, Inc., G.R. No. 156596, August 24, 2007)
14) Q: What is levy on execution?
A: Levy on execution is a lien in favor of the judgment creditor over the right, title and interest of the
judgment debtor at the time of the levy. (Pacific Banking Corp. vs. Policarpio, 64832-R, August 31, 1981)
15) Q: What is garnishment?
A: Garnishment is a warning to a person in whose hands the effects of another are attached, not to pay
the money or deliver the property of the defendants in his hands to him, but to appear and answer the
plaintiff’s suit. (Reliance Procoma Inc. vs. Phil-Asia Tobacco Corporation, G.R. No. L-37656, May 31, 1974,
57 SCRA 374)
16) Can government funds be the subject of garnishment by virtue of a final judgment even
though there was an implied consent/contract between the government entity and private
person?
A: Government funds cannot be the subject of immediate execution because suability did not necessarily
mean liability. It must be adjudicated first by the COA before the execution of the judgment in accordance
with P.D. 1445, Government Auditing Code of the Philippines.
17) Can the award of moral and exemplary damages by the court be enforced against government
funds which is not included in the appropriation of funds of the government agency?
A: The garnishment of its funds to satisfy the judgment award of actual and moral damages (including
attorney’s fees cannot be validly made if there is no special appropriation by Congress to cover the
liability. (University of the Philippines, et. Al., vs. Hon, Agustin Dizon, RTC, Quezon City , et al.,, 23 August
2012)
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18) Q: What are the grounds for the quashal of writ of execution?
A:
1) When the writ of execution varies the judgment;
2) When there has been a change in the situation of the parties making execution inequitable or
unjust;
3) When execution is sought to be enforced against property exempt from execution;
4) When it appears that the controversy has never been submitted to the judgment of the court;
5) When the terms of the judgment are not clear enough and there remains room for interpretation;
6) When it appears that the writ of execution has been improvidently issued;
7) When it appears that the writ of execution is defective in substance, or is issued against the wrong
party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued
without authority. (Reburiano vs. Court of Appeals, 301 SCRA 342; Limpin vs. IAC, 147 SCRA 516)
19) Is execution pending appeal allowed in land registration proceedings?
A: NO. Execution pending appeal not applicable in land registration proceeding. (Top Management
Programs Corporation vs. Luis Fajardo and The Register of Deeds of Las Pinas City, G.R. No. 150462, June
15, 2011)
20) Q: Is execution pending appeal allowed in eminent domain proceeding?
A: No. The Court rules that discretionary execution of judgments pending appeal under Sec. 2(a) of Rule
39 does not apply to eminent domain proceedings. (National Power Corporation Vs. Heirs of Antonia
Rabie G.R. No. 210218. August 17, 2016)
21) Q: Can a writ of execution be appealed?
A: As a general rule No.
22) Q: What are the Instances where a writ of execution may be appealed?
A:
1) The writ of execution varies the judgment;
2) there has been a change in the situation of parties making execution inequitable or unjust;
3) execution is sought to be enforced against property exempt from execution;
4) it appears that the controversy has never been subject to the judgment of the court;
5) the terms of the judgment are not clear enough and there remains room for interpretation
thereof;
6) it appears that the writ of execution has been improvidently issued, or that it is defective in
substance, or is issued against the wrong party, or that the judgment has been paid or otherwise
satisfied, or the writ was issued without authority. In these exceptional circumstances,
considerations of justice and equity dictate that there be some mode available to the party
aggrieved of elevating the question to a higher court. That mode of elevation may be either by
appeal (writ of error or certiorari), or by a special civil action of certiorari, prohibition, or
mandamus. (Banaga vs. Majaducon cited in General Milling Corporation-Independent Labor Union
vs. General Milling Corporation, G.R. No. 183122, June 15, 2011)
23) Q: How will the execution of judgment be made in case of conveyance, delivery of deeds, etc.,
and there is failure to comply with the order?
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A: If a judgment directs a party who execute a conveyance of land or personal property, or to deliver deeds
or other documents, or to perform any other specific act in connection therewith, and the party fails to
comply within the time specified, the court may:
1) Direct the act to be done at the cost of the disobedient party by some other person appointed by
the court and the act when so done shall have like effect as if done by the party.
2) If real or personal property is situated within the Philippines, the court in lieu of directing a
conveyance thereof may be an order to divest the title of any party and vest it in others, which
shall have the force and effect of a conveyance executed in due form of law. (Sec. 10, Rule 39)
24) Q: What are the properties exempt from execution?
A: Except as otherwise expressly provided by law, the following property, and no other shall be exempt
from execution:
a) The judgment obligor’s family home as provided by law, or the homestead in which he resides,
and land necessarily used in connection therewith;
b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
c) Three horses, or three cows, or three carabaos, or other beasts of burden such as the judgment
obligor may select necessarily used by him in his ordinary occupation;
d) His necessary clothing and articles for ordinary personal use, excluding jewelry;
e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding
one hundred thousand pesos;
f) Provisions for individual or family use sufficient for four months;
g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred
thousand pesos in value;
h) One fishing boat and accessories not exceeding the total value of P100,000.00 owned by a
fisherman and by the lawful use of which he earns his livelihood;
i) So much of the salaries, wages, or earnings of the judgment obligor of his personal services within
the four months preceding the levy as are necessary for the support of his family;
j) Lettered gravestones;
k) Monies benefits, privileges, or annuities accruing or in any manner growing out of any life
insurance;
l) The right to receive legal support, or money or property obtained as such support, or any pension
or gratuity from the Government;
m) Properties especially exempt by law.
25) Q: What are the exceptions to the rule on exempted properties from execution?
A: No article or species of property mentioned in this section shall be exempt from execution issued
upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.
26) Q: What is terceria or third-party claim?
A: The special ancillary remedy proceeding of a third-party claim. (Mata vs. Macaraig, 7145-R, March 5,
1951)
27) Q: When is terceria or third-party claim available as a remedy?
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A: If the property belonging to any third person is mistakenly levied upon to answer for another man’s
indebtedness, such person has all the right to challenge the levy through any of the remedies provided
for under the Rules of Court. (Magdalena Villasi vs. Filomeno Garcia, G.R. No. 190106, January 15, 2014)
28) Q: What are the Instances where writ of possession may be issued?
A: A writ of possession, which commands the sheriff to place a person in possession of real property,
may be issued in:
1) Land registration proceedings under Sec. 17 of Act No. 496;

2) Judicial foreclosure, provided the debtor is in possession of the mortgaged property, and no third
person, not a party to the foreclosure suit, had intervened;
3) Extrajudicial foreclosure of a real estate mortgage, pending redemption under Sec. 7 of Act No.
3135, as amended by Act No. 4118; and
4) Execution sales, pursuant to the last paragraph of Sec. 33, Rule 39 of the Rules of Court. (Eligio P.
Mallari vs. Government Service Insurance System and the Provincial Sheriff of Pampanga, G.R. No.
157659, January 25, 2010)
29) What are the exceptions to the rule that issuance of a writ of possession is a ministerial
function?
A: (1) Gross inadequacy of purchase price;

(2) Third party claiming right adverse to debtor/mortgagor
(3) Failure to pay the surplus proceeds of the sale to mortgagor
We stress that the petitioner’s present case is not analogous to any of the above-mentioned
exceptions. The facts are not only different from those cited above; the alleged peculiar circumstances
pertain to the validity of the mortgage, a matter that may be determined by a competent court after the
issuance of the writ of possession. (Donna Nagtalon vs. United Coconut Planters Bank, G.R. No. 172504,
July 31, 2013)
30) Q: Is certification against forum shopping required in a petition for issuance of writ of
possession?
A: No. A certificate against forum shopping is not a requirement in an ex parte petition for the issuance
of a writ of possession since it is not a complaint or other initiatory pleading as contemplated in Sec. 5,
Rule 7 of the 1997 Rules of Civil Procedure, but it is rather a motion. (Angelina De Guzman, et al. vs. Gloria
A. Chico, G.R. No. 195445, December 7, 2016)
32) Q: What is the Doctrine of “res judicata”, “Merger or Bar” or “Principle of Preclusion”?
A: The doctrine of res judicata is set forth in Section 47 of Rule 39 of the Rules of Court.
This provision comprehends two distinct concepts of res judicata: (1) bar by former judgment
and (2) conclusiveness of judgment. The first aspect is the effect of a judgment as a bar to the prosecution
of a second action upon the same claim, demand or cause of action. In traditional terminology, this aspect
is known as merger or bar; in modern terminology, it is called claim preclusion.
The second aspect precludes the relitigation of a particular fact of issue in another action between
the same parties on a different claim or cause of action. This is traditionally known as collateral estoppel;
in modern terminology, it is called issue preclusion. (Elisa Degayo Vs. Cecilia Magbanua-Dinglasan, et al.
G.R. No. 173148. April 6, 2015)
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33) Q: What are the effects of foreign judgment?
A: The effects of a judgment or final order of a tribunal of a foreign country, having jurisdiction to
render the judgment or final order is as follows:
1) In case of a judgment or final order upon a specific thing, the judgment or final order is
conclusive upon the title to the thing; and
2) In case of a judgment or final order against a person, the judgment or final order is
presumptive evidence of a right as between the parties and their successors in interest by a
subsequent title.
34) Q: What are the grounds to repel foreign judgment or final order?
A: In either case, the judgment or final order may be repelled by:

1) Evidence of a want of jurisdiction;
2) Want of notice to the party;
3) Collusion;
4) Fraud; or
5) Clear mistake of law or fact.
35) Q: What Is “Lord Coke’s Doctrine”?
A: As stated in Section 48, Rule 39, the actionable issues are generally restricted to a review of
jurisdiction of the foreign court, the service of personal notice, collusion, fraud, or mistake of fact or law.
The limitations on review [are] in consonance with a strong and pervasive policy in all legal systems to
limit repetitive litigation on claims and issues. Otherwise known as the policy of preclusion, it seeks to
protect party expectations resulting from previous litigation, to safeguard against the harassment of
defendants, to insure that the task of courts not be increased by never-ending litigation of the same
disputes, and – in a larger sense – to promote what Lord Coke in the Ferrer’s Case of 1599 stated to be the
goal of all law: “rest and quietness.” If every judgment of a foreign court were reviewable on the merits, the
plaintiff would be forced back on his/her original cause of action, rendering immaterial the previously
concluded litigation. (Bank of Philippine Islands Securities Corporation vs. Edgardo Guevara, G.R. No.
167052, March 11, 2015)
XXVII. APPEAL (RULES 40, 41, 42, 43, 45)
1) Q: What is “Neypes Doctrine” or “Fresh Period Rule”?
A: The rule allows a fresh period within which to appeal, to be counted from receipt of the order denying
the motion for new trial, motion for reconsideration (whether full or partial) or any final order or
resolution.
2) Q: Will the “fresh period to appeal” be given retroactive application?
A: Yes, since procedural laws can be given retroactive application provided no right shall be prejudiced.
(University of the Philippines, et. Al., vs. Hon, Agustin Dizon, RTC, Quezon City et al., 23 August 2012)
3) Q: What is the effect of failure to file a memorandum of appeal? Exception?
A: The rule requiring the filing of the memorandum within the period provided is mandatory. Failure
to comply will result in the dismissal of the appeal. However, even procedural rules of the most
mandatory character may be suspended where matters of life, liberty, honor, or property warrant its
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liberal application. (Velia J. Cruz vs Spouses Maximo and Susan Christensen, G.R. No. 205539; October 4,
2017)
4) Q: When will an appeal be deemed perfected?
A: Appeal is deemed perfected when:

1) A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice
of appeal in due time.
2) A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject
matter thereof upon the approval of the record on appeal filed in due time. (Sec. 9, Rule 41)
5) Q: What are the “residual powers” of the court?
A: Prior to the transmittal of the original record or the record on appeal, the court may issue, the
following orders, to wit:
1) Orders for the protection and preservation of the rights of the parties which do not involve any
matter litigated by the appeal;
2) Approve compromises;
3) Permit appeals of indigent litigants;
4) Order execution pending appeal in accordance with Sec. 2 of Rule 39;
5) Allow withdrawal of the appeal.
6) Q: Will the filing an administrative case against erring judge in case of incorrect order
available to an aggrieved party?
A: No, it is axiomatic that, where some other judicial means is available, an administrative complaint is
not the appropriate remedy for every act of a judge deemed aberrant or irregular. (The Law Firm of
Chavez Miranda Aseoche vs. Justice Isaias P. Dicdican, A.M. No. CA-09-48-J, March 13, 2009)
7) Q: What is the remedy in case of an order disallowing or dismissing an appeal?
A: An order disallowing an appeal is not appealable under Sec. 1 (d) of Rule 41, hence, the remedy of the
is to file a petition for certiorari under Sec. 1, Rule 65 with application for temporary restraining order
or writ of injunction to restrain execution of the judgment.
8) Q: What is the effect of wrong designation of the court in the notice of appeal?
A: The designation of the wrong court does not necessarily affect the validity of the notice of appeal.
However, the designation of the proper court should be made within the 15-day period to appeal. Once
made within the said period, the designation of the correct appellate court may be allowed if the records
of the case are forwarded to the Court of Appeals. (Jesus Torres vs. People of the Phils., G.R. No. 175074,
August 31, 2011)
Take note: If the judgment was dismissed based on lack of jurisdiction without trial and was
subsequently appealed to the RTC, it can assume jurisdiction and try the case if it has jurisdiction as if it
was originally filed therein.
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9) Q: Is failure to appeal a denial of due process?
A: No. The failure to file an appeal from the decision rendering it final and executory is not a denial of
due process and it is merely a statutory privilege, and may be exercised only in the manner and in
accordance with the provisions of the law. (Jaime T. Torres vs. China Banking Corporation, G.R. No.
165408, January 15, 2010)
10) Q: What is the remedy in case of failure to appeal due to fraud, accident, mistake or excusable
negligence?
A: The proper remedy for allegations of mistake or inexcusable negligence of counsel, which prevented
a party from taking an appeal, is a petition for relief under Rule 38 of the Rules of Court. (Jaime T. Torres
vs. China Banking Corporation, G.R. No. 16548, January 15, 2010)
11) Q: What are the modes of appeal from the Regional Trial Court?
A: Rule 41 of the Rules of Court (Rules) provides for three ways by which an appeal from the RTC’s
decision may be undertaken, depending on the nature of the attendant circumstances of the case,
namely:
a. an ordinary appeal to the CA in cases decided by the RTC in the exercise of its original jurisdiction;
b. a petition for review to the CA in cases decided by the RTC in the exercise of its appellate
jurisdiction; and
c. a petition for review on certiorari directly filed with the Court where only questions of law are
raised or involved. (Leoncio Alangdeo Arthur Verceles and Danny Vergara vs. The City Mayor of
Baguio, et al. G.R. No. 206423, July 1, 2015)
12) Q: What are the judgments or orders which are not appealable under the rules?
A: No appeal may be taken from:
1) An order denying a petition for relief or any similar motion seeking relief from judgment;
2) An interlocutory order;
3) An order disallowing or dismissing an appeal;
4) An order denying a motion to set aside a judgment by consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent;
5) An order of execution;
6) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross- claims and third-party complaints, while the main case is pending, unless
the court allows an appeal therefrom; and
7) An order dismissing an action without prejudice.
13) Q: Is record on appeal required in case of a judgment in an action for presumptive death?
A: Action for presumptive death for the purpose of remarriage is not a special proceeding but a summary
proceeding under the Art. 41 of the Family Code, hence record on appeal is not required. (Republic of the
Philippines vs. Yolanda Cadacio Granada, G.R. No. 187512, June 13, 2012)
14) Q: What are the grounds for the dismissal of appeal by the Court of Appeals?
A: An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on
the following grounds:
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a) Failure of the record on appeal to show on its face that the appeal was taken within the period
fixed by these Rules;
b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these
Rules;
c) Failure of the appellant to pay the docket and other lawful fees as provided in Section 4 of Rule
41;
d) Unauthorized alterations, omissions or additions in the approved record on appeal as provided
in Section 4 of Rule 44;
e) Failure of the appellant to serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules;
f) Absence of specific assignment of errors in the appellant’s brief, or of page references to the
record as required in Section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
g) Failure of the appellant to take the necessary steps for the correction or completion of the record
within the time limited by the court in its order;
h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with
orders, circulars, or directives of the court without justifiable cause; and
i) The fact that the order or judgment appealed from is not appealable.
15) Q: When can the trial court dismiss the appeal?
A: Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial
court may motu proprio or on motion, dismiss the appeal:
1) For having been taken out of time; or

2) Non-payment of the docket and other lawful fees within the reglementary period. (Panay
Railways, Inc. vs. Heva Management and Development Corporation, Pamplona Agro-
Industrial Corporation, and Sps. Candelaria Dayot and Edmundo Dayot, G.R. No. 154061,
January 25, 2012)
16) Q: What is the remedy in case of a decision of the Regional Trial Court sitting as Special
Agrarian Court?
A: Appeal from the decisions of Regional Trial Courts sitting as Special Agrarian Courts by way of Petition
for Review under Rule 42 and not through an ordinary appeal under Rule 41. (Land Bank of the
Philippines vs. Court of Appeals and Elizabeth Diaz, G.R. No. 190660, April 11, 2011)
17) Q: Can the clerk of court notarize the verification and certification against forum shopping
on the petition for review?
A: NO. The Court cannot agree with petitioner’s argument that the notarization of verifications and
certifications on non- forum shopping constitutes part of a clerk of court’s daily official functions. We are
not prepared to rule in petitioner’s favor on this score; as it is, the workload of a clerk of court is already
heavy enough. We cannot add to this the function of notarizing complaints, answers, petitions, or any
other pleadings on a daily or regular basis; such a responsibility can very well be relegated to
commissioned notaries public. Besides, if the practice – specifically the notarization by clerks of court of
pleadings filed in cases pending before their own salas or courts – is allowed, unpleasant consequences
might ensue; it could be subject to abuse, and it distracts the clerks of court’s attention from the true and
essential work they perform. (Uwe Mathaeus vs. Spouses Eric and Genevieve Medequiso, G.R. No. 196651,
February 3, 2016)
18) Q: What is the remedy in case of final judgment, final order or resolution of the National
Telecommunication Commission?
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A: Rule 43 of the Rules of Court provides that an appeal from any award, judgment or resolution of or
authorized by a quasi- judicial agency in the exercise of its quasi-judicial functions, including the NTC,
shall be through a petition for review with the Court of Appeals. (Philippine Telegraph & Telephone Corp.
vs. Smart Communications, Inc., G.R. No. 189026, November 9, 2016)
19) Q: What is the remedy in case of Resolution of the Ombudsman in administrative cases?
A: Appeal from the Resolution of the Office of the Ombudsman will be to the Court of Appeals via Petition
for Review under Rule 43, since it is exercising quasi-judicial functions.
20) Q: What is the nature of Resolution if the penalty is merely a fine, suspension of one (1)
month, or censure?
A: If the penalty imposed is merely a fine, suspension of one (1) month, or censure then it is not
appealable since it is immediately executory, remedy is certiorari under Rule 65. (Gerardo R. Villasenor
and Rod El A. Mesa vs. Ombudsman and Hon. Herbert Bautista, City Mayor, Quezon City, G.R. No. 202303,
June 4, 2014)
21) Q: What is the remedy from the Judgment of the RTC acting as a Special Commercial in Court
in violation of the I.P. Code or Intra-corporate dispute?
A: “All decisions and final orders shall be appealable to the Court of Appeals is through a petition for
review under Rule 43 of the Rules of Court.”
Basis of the answer: Sec. 2, Rule of the Special Rules on Intellectual property Rights Cases or
Securities Regulation Code
22) Q: What is the remedy in case of final order or judgment of the RTC in corporate rehabilitation
cases?
A: The dismissal of the petition for rehabilitation, even if due to technical grounds or due to its
insufficiency, amounts to a failure of rehabilitation. It is a final order because it finally disposes of the case,
leaving nothing else to be done. Pursuant to A.M. No. 04-9- 07-SC, the correct remedy against all decisions
and final orders of the rehabilitation courts in proceedings governed by the Interim Rules is a petition for
review to the Court of Appeals under Rule 43 of the Rules of Court. A petition for certiorari under Rule 65
of the Rules of Court is evidently the wrong mode of appeal. (Golden Cane Furniture Manufacturing Corp.
vs. Steelpro Philippines, Inc., et al., G.R. No. 198222, April 4, 2016)
23) Q: What is the remedy in case of final order or judgment of the National Labor Relations
Commission?
A: The Court of Appeals still has authority to review decisions of the NLRC, but not under Rule 43, rather,
via a Petition for Certiorari under Rule 65, since NLRC Procedure nor the Labor Code provide for the
remedy after the denial of the motion for reconsideration, hence, there is no appeal, nor plain, adequate
or speedy remedy in the ordinary course of law. (St. Martin Funeral Home vs. NLRC, G.R. No. 130866,
September 16, 1998)
24) Q: What is the is the effect of failure to attach pleadings and records in a petition for review?
A: The mere failure to attach copies of pleadings and other material portions of the record as would
support the allegations should not cause the outright dismissal of a petition for review. The allegations
of the petition must be examined to determine the sufficiency of the attachments appended thereto.
(Segundina Galvez vs. Court of Appeals, G.R. No. 157445, April 3, 2013, BERSAMIN, J):
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25) Q: What is the effect of failure to file a petition for review on certiorari, or motion for
extension? Exception?
A: Failure to file a petition for review on certiorari, or a motion for extension to file it, within the period
prescribed under Rule 45, Section 2, results in a party’s loss of right to appeal.
No court, not even the Supreme Court, may thereafter modify, alter, or let alone reverse a final
and immutable judgment. The only exceptions are the correction of clerical errors, nunc pro tunc entries
that cause no prejudice to the parties, and void judgments. (Department of Agrarian Reform Multi-
Purpose Cooperative vs Carmencita Diaz, G.R. No. 206331; June 4, 2018)
26) Q: When can a question of fact be resolved by the Supreme Court?
A: It is basic that Rule 45 petitions may only raise pure questions of law, and that the factual findings of
lower courts are generally binding and conclusive on the Supreme Court. Still, there are recognized
exceptions permitting this Court to overturn the factual findings with which it is confronted. These
exceptions are: (1) when the conclusion is a finding grounded entirely on speculation, surmises, and
conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) where there
is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when
the findings of fact are conflicting; (6) when the Court of Appeals, in making its findings, went beyond
the issues of the case and the same is contrary to the admission of both appellant and appellee; (7) when
the findings are contrary to those of the trial court; (8) when the findings of facts are conclusions without
citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well
as in the petitioner’s main and reply briefs are not disputed by the respondents; and (10) when the
findings of fact of the Court of Appeals are premised on the supposed absence of evidence and
contradicted by the evidence on record. (Capistrano Daayata vs. People of the Philippines, G.R. No.
205745; March 8, 2017)
In addition to the above enumeration the Supreme Court can entertain question of facts over the
following:
1) In case of judgment in a petition for writ of amparo;

2) In case of judgment in a petition for writ of habeas data;
3) In case of judgment in a petition for writ of kalikasan; and
4) In case of judgment in a petition for writ of continuing mandamus;
27) Q: What is the remedy in case of adverse judgment in a Petition for Issuance of Writ of
Kalikasan?
A: The remedy is to appeal to the Supreme Court by way of Petition for Review on Certiorari under Rule
45 within 15 days from the date of notice of the adverse judgment or denial of motion for
reconsideration. (Sec. 16, Rule 7, Part III of A.M. No. 09-6-8-SC on Rules of Procedure for Environmental
Cases)
28) Q: When to file a petition for review on certiorari on the judgment over a petition for writ of
amparo?
A: Under Sec. 19 of A.M. No. 07-9-12-SC, a party is only given five (5) working days from the date of notice
of the adverse judgment, or denial of the motion for reconsideration, within which to appeal via Petition·
for Review on Certiorari. (Mayor William Mamba et al. vs. Leomar Bueno, G.R. No. 191416, February 7,
2017)
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29) Q: What is the Principle of Judicial Courtesy?
A: “[D]ue respect for the Supreme Court and practical and ethical considerations should have prompted
the appellate court wait for the final determination of the petition [for certiorari] before taking
cognizance of the case and trying to render moot exactly what was before this [C]ourt.” The principle of
judicial courtesy applies only “if there is a strong probability that the issues before the higher court
would be rendered moot and moribund as a result of the continuation of the proceedings in the lower
court.”(Juan Trajano aka Johnny vs. Uniwide Sales Warehouse ClubG.R. 190253, June 11, 2014)
30) Q: What are the distinctions between Rule 45 (Petition for Review on Certiorari) and Rule 65
(Petition for Certiorari)?
A:
a) In appeal by certiorari, the petition is based on questions of law which the appellant desires
the appellant court to resolve. In certiorari as an original action, the petition raises the issue
as to whether the lower court acted without or in excess of jurisdiction or with grave abuse of
discretion (questions of jurisdiction).
b) Review on Certiorari, as a mode of appeal, involves the review of the judgment, award or final
order on the merits. The original action for certiorari may be directed against the interlocutory
order of the court prior to appeal from the judgment or where there is no appeal or any other
plain, speedy or adequate remedy
c) A Rule 65 petition is an original action that dwells on jurisdictional errors of whether a lower
court acted without or in excess of its jurisdiction or with grave abuse of discretion. A Rule 45
petition, on the other hand, is a mode of appeal which centers on the review on the merits of a
judgment, final order or award rendered by a lower court involving purely questions of law.
(Kepco Philippines Corp. vs. Commissioner of Internal Revenue, G.R. No. 181858, November 24,
2010)
d) Appeal by certiorari must be made within the reglementary period for appeal or within fifteen
(15) days from the receipt of the assailed judgment. An original action for certiorari may be
filed not later than sixty (60) days from notice of the judgment, order or resolution sought to be
assailed.
e) Appeal by certiorari stays the judgment, award or order appealed from. An original action for
certiorari, unless a writ of preliminary injunction or a temporary restraining order shall have
been issued, does not stay the challenged proceeding.
f) In appeal by certiorari, the petitioner and respondent are the original parties to the action, and
the lower court or quasi-judicial agency is not to be impleaded. In certiorari as an original
action, the parties are the aggrieved party against the lower court or quasi-judicial agency and
the prevailing parties, who thereby respectively become the petitioner and respondents.
g) In certiorari for purposes of appeal, the prior filing of a motion for reconsideration is not
required (Sec. 1, Rule 45); while in certiorari as an original action, a motion for reconsideration
is a condition precedent (Villa-Rey Transit vs. Bello, G.R. No. L-18957, April 23, 1963), subject to
certain exceptions.
h) In appeal by certiorari, the appellate court is in the exercise of its appellate jurisdiction and
power of review, while in certiorari as an original action, the higher court exercises original
jurisdiction under its power of control and supervision over the proceedings of lower courts.
32) Q: What are the grounds for the motu propio denial of the petition?
A: As prescribed by the above-cited rule, the Supreme Court may on its own initiative deny the petition
on the ground that:
1) The appeal is without merit;
2) It is prosecuted manifestly for delay; or
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3) That the questions raised therein are too unsubstantial to require consideration.
33) Q: What are the distinctions between question of law from question of fact?
Question of Law Question of Fact

a) A question of law arises when there a) A question of fact exists when there is doubt
is doubt on what the law is on a certain as to the truth or falsity of the alleged facts.
set of fact.
b) A question does not involve an b) there is a question of fact when the doubt
examination of the probative value of arises as to the truth or falsehood of the
the evidence presented by the litigants alleged facts or when the query necessarily
or any of them. invites calibration of the whole evidence,
considering mainly the credibility of
witnesses, existence and relevancy of specific
surrounding circumstances, their relation to
one another and to the whole, and the
probabilities of the situation. Rosario Victoria
and Elma Pidlaoan vs. Normita Jacob Pidlaoan,
et al., G.R. No. 196470, April 20, 2016);
XXVIII. ANNULMENT OF JUDGMENT (RULE 47)
1) Q: What are the recognized grounds for annulment of judgment?
A: The recognized grounds for annulment of judgment are, extrinsic fraud, lack of jurisdiction over the
subject matter of the case, lack of jurisdiction over the person of the defending party, and lack of due
process. (Galura vs. Math-Agro Corporation, G.R. No. 167230, August 14, 2009, First Division, Carpio, J.)
2) Q: Will lack of jurisdiction over the defendant through defective service of summons a ground
for annulment of judgment?
A: Yes, lack of jurisdiction being a valid ground for annulment of judgments, circumstances that negate
the court’s acquisition of jurisdiction including defective service of summons are causes for an action for
annulment of judgments. (Cresencio Arrieta vs. Melania T. Arrieta, G.R. No. 234808, November 19, 2018)
3) Q: Is failure to implead an indispensable party to an action a ground for annulment of

judgment?
A: Yes, the joinder of all indispensable parties is a condition sine qua non of the exercise of judicial power,
and a petition for annulment grounded on lack of jurisdiction, owing to the failure to implead the
indispensable parties, "is ample basis for annulment of judgment." (Margarita Fernando, et al. vs.
Rosalinda Ramos, et al.G.R. No. 237871, September 18, 2019)
4)Q: Where to file the petition?

a) Final and executory judgment or judgment of the MTC- file the petition to the RTC (Basis: Sec.
10, Rule 47)
b) Regional Trial Court to Court of Appeals (Basis: Sec. 9, B.P. 129)
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5) Q: Can the Court of Tax Appeals entertain a petition for annulment of a judgment of a Division
or of the Regional Trial Court?
A: No, the Revised Rules of the CTA and even the Rules of Court which apply suppletorily thereto provide
for no instance in which the en banc may reverse, annul or void a final decision of a division or of the
Regional Trial Court. (Commissioner of Internal Revenue vs. Kepco Corporation, G.R. No. 199422, June 21,
2016)
6) Q: Can the Court of Appeals annul the decision of the Securities and Exchange Commission?
A: No, Court of Appeals has no jurisdiction to entertain a petition to annul a final decision of the SEC
under Rule 47. It applies only to judgment or final orders of the Regional Trial Court in civil cases per
Sec. 1. (Galang vs. CA, 472 SCRA 259 [2005])
7) Q: What is the requirement for the filing of the petition?
A: Annulment of judgment is only available if the remedy of appeal, motion for reconsideration, new
trial, and petition for relief are no longer available, nor the petitioner did not file any motion to quash
writ of execution before the lower court
8) When will a petition for annulment of judgment be available?
A: The petition is available when the ordinary remedies of new trial, appeal, petition for relief or other
appropriate remedies are no longer available through no fault of the petitioner (Dare Adventure Farm
Corporation vs. Sps. Felix and Nenita Ng, Spouses Martin and Azucena Ng and Agripina R. Goc-ong, et al.,
G.R. No. 161122, September 24, 2012)
9) Q: What is the remedy in case of denial of the petition?
A: Appeal either under Rule 41 or 45 since the court is exercising original jurisdiction, and the judgment
is appealable.
XXIX. DISMISSAL OF APPEAL (RULE 50)
1) Q: What are the grounds for the dismissal of appeal?
a) Failure of the record on appeal to show on its face that the appeal was taken within the period
fixed by these Rules;
b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these
Rules;
c) Failure of the appellant to pay the docket and other lawful fees as provided in Section 4 of Rule
41;
d) Unauthorized alterations, omissions or additions in the approved record on appeal as provided
in Section 4 of Rule 44;
e) Failure of the appellant to serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules;
f) Absence of specific assignment of errors in the appellant’s brief, or of page references to the
record as required in Section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
g) Failure of the appellant to take the necessary steps for the correction or completion of the record
within the time limited by the court in its order;
h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with
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orders, circulars, or directives of the court without justifiable cause; and

i) The fact that the order or judgment appealed from is not appealable.”
2) Q: How the dismissal can be made?
A: An appeal may be dismissed by the Court of Appeals,
1) On its own motion or

2) That of the appellee.
3) Q: What is the effect of failure to file memorandum of appeal?
A: The failure to file the memorandum on appeal is a ground for the RTC to dismiss the appeal ONLY in
civil cases. The same rule does not apply in criminal cases, because Section 9(c) Rule 122, imposes on
the RTC the duty to decide the appeal “on the basis of the entire record of the case and of such
memoranda or briefs as may have been filed” upon the submission of the appellate memoranda or briefs,
or upon the expiration of the period to file the same. (Jose Sanico vs. People of the Philippines, G.R. No.
198753, March 25, 2015, BERSAMIN, J)
XXIX. JUDGMENT (RULE 51)
1) Q: What is Harmless Error Rule or English Exchequer Rule?
“Sec. 6. Harmless error. — No error in either the admission or the exclusion of evidence and no
error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the
parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a
judgment or order, unless refusal to take such action appears to the court inconsistent with substantial
justice. The court at every stage of the proceeding must disregard any error or defect which does not
affect the substantial rights of the parties.”
***This stance is a specie of a mid-1800 rule known as the “English Exchequer Rule” pursuant to
which "a trial court's error as to the admission of evidence was presumed to have caused prejudice and
therefore, almost automatically required a new trial." The Exchequer rule has long been laid to rest for
even English appellate courts now disregard an error in the admission of evidence "unless in its opinion,
some substantial wrong or miscarriage (of justice) has been occasioned." American courts adopted this
approach especially after the enactment of a 1915 federal statute which required a federal appellate
court to "give judgment after an examination of the entire record before the court, without regard to
technical errors, defects, or exceptions which do not affect the substantial rights of the parties." We have
likewise followed the harmless error rule in our jurisdiction. In dealing with evidence improperly
admitted in trial, we examine its damaging quality and its impact to the substantive rights of the litigant.
If the impact is slight and insignificant, we disregard the error as it will not overcome the weight of the
properly admitted evidence against the prejudiced party. (PEOPLE OF THE PHILIPPINES, plaintiff-
appellee, vs CLAUDIO TEEHANKEE, JR., accused-appellant. G.R. Nos. 111206-08 October 6, 1995)
XXX. APPEAL (RULE 56)
1) Q: What is the effect of wrong mode or inappropriate appeal?
A: Section 4 of Circular 2-90 in effect provides that an appeal taken either to this Court or to the CA
by the wrong mode or inappropriate mode shall be dismissed. This rule is now incorporated in Section
5, Rule 56 of the Rules of Court. Moreover, the filing of the case directly with this Court departs from the
hierarchy of courts. Normally, direct resort from the lower courts to this Court will not be entertained
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unless the appropriate remedy cannot be obtained in the lower tribunals. (Alexis C. Almendras, Vs. South
Davao Development Corporation, Inc., (Sodaco), Rolando Sanchez, Leonardo Dalwampo And Caridad C.
Almendras, G.R. No. 198209, March 22, 2017, Del Castillo, J.)
---oOo---
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Academicus Review Center Inc.

Empowering your dream . Empowering your future

Former Dean, San Sebastian College of Law

Professorial Lecturer in Remedial Law

Member Expert Committee in Remedial Law: UP Law Center Inc.

National Bar Reviewer

1) 1987 Philippine Constitution

SAMPLE OF PRELIMINARY STATEMENT:

EXAMPLE OF BAR EXAMINATION QUESTION:

a) Is the order of default proper? Why? Basis. (5 pts.)

SAMPLE ANSWER TO THE QUESTION: (ONE PARAGRAPH RULE):

SAMPLE ANSWER TO THE QUESTION: (THREE PARAGRAPH RULE):

a) Yes, Order of default is valid.

1) Sec. 1, Art III: Due Process of Law

“No person shall be deprived of life, liberty, or property without

Q: What is the essence of due process?

Q: What is the remedy of the aggrieved party?

A: Petition for certiorari under Sec. 1, Rule 65

2) Sec. 1, Art III: Equal Protection before the Laws

Q: What is the essence of equal protection before the laws?

Q: What is the remedy of the adverse party?

Q: What is the effect case of violation of the right of equal protection?

3) Sec. 9, Art III: Right to Eminent Domain

Q: What is the remedy in case of adverse decision?

Q: Can the court declare a party as indigent ex-parte?

5) Sec. 16, Art III: Right to Speedy Disposition of Cases:

Right to speedy disposition of cases Right to speedy trial

Q: What is the meaning of “in an appropriate proceeding”?

Q: To whom judicial power is lodged?

Q: What is judicial power? (2007 Bar Examination)

Q: What are the limitations?

“2. All cases involving the constitutionality of a treaty, international or executive

“Sec. 5. The Supreme Court shall have the following powers:

and habeas corpus. x x x.”

1) Q: Can the issue of constitutionality be raised in a petition for certiorari?

What is plea bargaining? What is the constitutional basis?

Q: Can the Supreme Court amend, repeal, or establish new rules?

(30) days from receipt thereon.”

II. JURISDICTION OF VARIOUS COURTS:

Original Jurisdiction (Sec. 9, B.P. 129)

A: a) Petition for Writ of Amparo (A.M. No. 07-9-12-SC);

b. Appellate Jurisdiction (Sec. 9, B.P. 129)

A: The Court of Appeals shall exercise exclusive appellate jurisdiction over:

3. Sandiganbayan (R.A. 10660)

a. Exclusive Original Jurisdiction (Sec. 4, R.A. 10660)

a) Violations of Republic Act No. 1379;

4. Court of Tax Appeals

a. Exclusive Original Jurisdiction (Sec. 7, R.A. 9282)

5. Regional Trial Court

a) Original Jurisdiction (Sec. 21, B.P. 129)

b) Exclusive Original Jurisdiction (Sec. 19, B.P. 129)

1) Q: Which court has jurisdiction over the action?

Basis of the Answer: Sec. 19 (2), B. P. 129, as amended by R.A. 7691

3.Probate proceeding-testate or intestate

-Basis of the Answer: Sec. 19 (4) B.P.129, as amended by R.A. 7691

6) Shari’ah District Court- Original/ Exclusive Original Jurisdiction

Regional Trial Court Acting as a Special Commercial Court

Basis of the Answer: A. M. No. 04-9-07-SC

Basis of the Answer: Special Rules on Intellectual Property Rights Cases;

Regional Trial Court Acting as Land Registration Court