RULES ON CIVIL

PROCEDURE
BAR MATTER NO. 803 DATED APRIL 8, 1997
 GENERAL PROVISIONS
RULE 1
- ”Rules of Court”
- Applies in all courts
- Applies to civil, criminal, special proceedings
- Does not apply to election cases, land registration, cadastral, naturalization,
insolvency proceedings
 Cases governed by Rules
- Civil action – for enforcement/protection of a right; prevention/redress of a wrong
- Ordinary civil actions - e.g. recovery of property
- Special civil actions – e.g. certiorari, mandamus, prohibition
- Criminal action - state prosecutes a person for act/omission punishable by law
- Special Proceeding – party seeks to establish a status, right, particular fact
- E.g. adoption, settlement of estate
 Civil action – how commenced
• Filing of a complaint in court.
• If additional defendant is impleaded later, commenced on the date of filing
such pleading as to such additional defendant
 Cause of Action
• Ordinary Civil Action
• Act or Omission by which a party violates a right of another
• One suit for one cause of action
• May join – common question of law or fact
• Cannot split
• Motion to dismiss for litis pendencia or res judicata under Rule 16
• Normally, one contract is one cause of action
• Except if several obligations in several times (e.g. promissory note payable in installments)
 Parties to civil action
• Natural, juridical or entities authorized by law (eg estate)
• Plaintiff (claiming party) vs. defendant (defending party)
• In the name of real party in interest
• Stands to be benefited or injured by judgment or entitled to avails of suit
• Spouses must sue and be sued jointly
 Joinder of parties
• Indispensable party
• Must be joined
• Without whom no final determination may be had
• E.g. corporation in an employee’s suit

• Necessary party
• Must join for complete relief
• E.g. joint debtors
 Parties to civil action
• Class suit
• Common interest
• So numerous that it is impracticable to join
• Sufficient number for court to fully protect common interest
• E.g. taxpayer’s suit
 Parties to civil action
• Death of party during action
• Counsel to inform court within 30 days and give name of representative
• Heirs may substitute; if not, opposing party may move for appointment of executor or
administrator for deceased’s estate

• Separation of public officer

• Sued in official capacity
• May be continued for or against successor
• If adopts the same action subject of suit
 Venue of Action
Rule 4
• Real Actions
• Title, possession, interest on real property
• Court of jurisdiction in area where property or part thereof situated
• Forcible entry/ unlawful detainer – MTC where situated

• Personal actions
• Where plaintiff resides
• Where defendant resides
• If non-resident, where he may be found

• Does not apply when parties contracted on exclusive venue

 Kinds of pleadings
• Pleading – written statements of claims and defenses submitted to court
• Complaint/counterclaim/crossclaim/third party complaint – claims
• Answer – defenses
• Reply – discretionary response to answer
 Kinds of pleadings
• Complaint

• Cause of action
• Names and residences of parties

• Answer
• Negative defense – specific denial
• Affirmative defense - e.g. payment
• allegations of new matter
• Hypothetically admitting material allegations
• Prevents recovery
 Kinds of Pleadings
• Counterclaim – defendant’s claim against plaintiff
• Cross-claim – claim of one party against another from the same transaction
• Third-party complaint
• Defendant may with leave file against a non-party for contribution, indemnity or other
relief
• Reply – answers new matters raised in Answer
• If not filed, new matters deemed controverted
 Parts of a Pleading
• Caption
• Name of court
• Title of action
• Names of parties, participation
• Docket number assigned

• Body
• Designation
• Allegations
• Relief
• Date
 Parts of a Pleading
• Signature of party or counsel
• Signature of counsel constitutes a certificate that he has read it, to the best of his knowledge,
information and belief there is good ground to support it, not intended for delay
• Unsigned pleading – no legal effect
• Address
• Verification
• Generally not required
• Affidavit that affiant has read , true and correct based on his knowledge or authentic records
• If required but unverified – unsigned pleading; hence, no legal effect
 Parts of a Pleading
• Certification Against Forum Shopping
• Initiatory pleading
• Undertakings:
• Has not filed a similar action with same issues
• Does not know of such other action pending
• If there is such other action, statement of the status thereof
• If he learns of the same, he shall report within 5 days
• Failure is ground for dismissal without prejudice
• False certificate or noncompliance with undertaking – indirect contempt
• If deliberate – summary dismissal with prejudice; direct contempt
 Filing of Responsive Pleadings
• Answer to Complaint
• 15 days from service of summons
• Summons – issued by clerk of court containing name of court, parties, order to answer and
notice that if he does not answer, plaintiff will take judgment by default
• Failure – may be declared in default
• If declared in default – entitled to notice but may not participate
• Court may render judgment granting claims; may also require proof of claims
• Defendant may move to set aside order of default (FAME)
• Reply – 10 days
Filing and Service of Pleadings, Judgments, etc
Rule 13
• All pleading and court processes – required to be filed and served
• Filing – act of presenting to the clerk of court
• Service – act of providing a party with a copy
• To the lawyer unless ordered by court to party

• Manner of Filing – presenting original copy

• 1) Personally – date of and hour stamped on pleading by clerk
• 2) registered mail – date of mailing
 Modes of Service
• 1)Personally or 2)by mail
• Personal Service
• Deliver personally to party/counsel
• Leaving in his office with his clerk
• If no office/person in charge – residence from 8am-6pm
• With person of sufficient age and discretion
 Modes of Service
• Service by mail
• Depositing copy in post office
• If none, by ordinary mail

• Substituted Service
• Addresses unknown, deliver to clerk of court with proof of failure of personal and
service by mail
 Service
• Completion of service is reckoning period from which prescription for filing
of pleadings runs
 Proof of Filing and Service
• Proof of Filing
• Record in court or written/stamped receipt
• Registry receipt and affidavit of person who mailed

• Proof of Service
• Written admission of party served
• Official return of server
• Affidavit of party serving
• Registry receipt
 Notice of Lis Pendens
• Action affecting title or possession of real property
• Parties may record in registry of deeds notice of the pending litigation
• Constructive notice to third persons
 Summons
Rule 14
• Summon – directs defendant to answer, signed by clerk of court
• Issued upon filing of complaint and payment of fees
• Jurisdiction over defendant acquired by voluntary appearance or service of
summons in personal actions
• Null and void if none
 Motions
• Motion – application for relief not a pleading
• Motion to dismiss
• Within time to file Answer
• Court has no jurisdiction over the defending party; No jurisdiction over subject matter;
improper venue; lack of legal capacity to sue of plaintiff; litis pendentia; res judicata; no
cause of action; already paid, waived, abandoned, extinguished; statue of frauds;
condition precedent
• If granted, may re-file but not with litis pendencia, res judicata, PWAE
 Pre-Trial
• After filing of last pleading, plaintiff to move for pre-trial
• Amicable settlement; simplification of issues; amendments to pleadings;
stipulations; limit number of witnesses
• Failure to appear:
• Dismissal with prejudice (plaintiff)
• Ex-parte presentation of evidence by plaintiff (defendant)
 Subpoena
• Subpoena duces tecum – process directed to a person requiring him to attend and to testify
at the hearing, trial or investigation or for taking of deposition
• Subpoena ad testificandum – requiring a person to bring documents or things under his
control
• Motion to Quash Subpoena
• Unreasonable or oppressive; Not relevant; Does not furnish reasonable cost of production
• Witness not bound

• Failure to attend
• Warrant of Arrest if willful and without just excuse
• Contempt of Court
 Computation of Time
• Exclude the first; include the last day
• If last day falls on a weekend or holiday, next day
 Trial
• Plaintiff presents evidence
• Defendant files Demurrer to Evidence (based on insufficiency of evidence by plaintiff)
• Defendant presents evidence
• Rebuttal evidence by parties
• Oral arguments
• Memoranda
• Court renders Judgment
Judgments, Final Orders and Entry thereof
• Final Judgment or Order
• Disposes of the entire case (otherwise, interlocutory order)
• Determining the merits of the case
• In writing
• Personally and directly prepared by judge
• Stating facts and law

• Entry – when no appeal or MR or MNT is filed

• Date of finality of judgment
 New Trial or Reconsideration
• Motion for New Trial
• Within time to appeal (15/30)
• Fraud, accident, mistake or excusable negligence
• Newly discovered evidence

• Motion for Reconsideration

• Same time to file
• Damage awarded excessive, evidence insufficient to justify decision, contrary to law

• Fresh Period Rule

 Execution of Judgment
• Writ of execution - Issued to sheriff by judge authorizing him to execute judgment
• May not vary judgment; otherwise, maybe quashed or TRO’ed
• Matter of right after period to appeal lapses
• Satisfied by losing party by:
• Payment with interest
• Levy and sale property (appropriation for execution sale)
• Garnishment of debts and credits (property in third party who becomes a forced
intervenor)
• Delivery of property
 Effects of Judgment
• Generally, judgment stayed by appeal
• Exempted from execution: family home, support, necessary clothing and personal
articles except jewelry
• Effect of Judgment – Res Judicata or Bar by Former Judgment
• Conclusive as to the rights of the parties and privies and bars action with same claim,
demand or causes of action
• Conclusiveness of Judgment
• Issues resolved may not be raised again even if another case has a different cause of action
 Appeal
• MTC
•  RTC
• Ordinary Appeal by filing Notice of Appeal
• 15 days (30 days if required record on appeal such as special proceedings eg probate)
 Appeal
• RTC
•  CA (Rule 41)
• If original jurisdiction, ordinary appeal
• If appellate, petition for review (Rule 42)
• Discretionary, CA must give due course
•  SC – appeal on certiorari (Rule 45)
• Discretionary, SC must give due course
• 15 days
 Appeal
• Quasi-Judicial Agencies (eg CSC, Insurance Commission)
•  CA (Rule 43)
• Petition for Review
• 15 days
• Execution not stayed unless TRO’ed
 Appeal to SC
• RTC, CA, CTA, Sandiganbayan
•  SC
• Petition for Review on Certiorari
• 15 days, extendible for 30 days
• Only questions of law, not facts
• (eg in illegal dismissal cases)