CivProc Memo Aid.doc

8/9/2019 CivProc Memo Aid.doc

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San Beda College of Law10

MEMORYAIDINREMEDIALLAW

CIVIL PROCEDURE

RULE 1

GENERAL PROVISIONS

Statutes regulating the procedure ofcourts will be construed as applicable toactions pending and undetermined at thetime of their passage so long as vestedrights will not be impaired.

Under the 1987 Constitution, the rule-maing power of the Supreme Court hasthe following limitations!

1. shall provide a simplified andine"pensive procedure for thespeed# disposition of cases$

%. Uniform for all courts of thesame grade, and

&. Shall not diminish, increase ormodif# substantive rights '(rt.)*** Sec. ++.

Section 3. Cases governed.

ACTION CLAI

(n ordinar# suit in acourt of /ustice

( right possessed b#one against another

0ne part# prosecutesanother for theenforcement or

protection of a rightor the prevention orredress of a wrong.

he moment saidclaim is filed before a

court, the claim isconverted into an

action or suit.

CLASSI!ICATION O! ACTIONS.'(

ORDINAR" CIVILACTION

SPECIAL CIVILACTION

2overned b# ordinar#

rules

(lso governed b#

ordinar# rules butSU345C to specific

rules prescribed '6ules% to 71.

ormal demand ofones legal rights in acourt of /ustice in themanner prescribed b#

the court or b# thelaw

Special features notfound in ordinar# civil

actions

'3ACTION IN

REACTION INPERSONA

ACTION#UASI IN RE

:irectedagainst thething itself

:irectedagainst

particularpersons

:irectedagainst

particularpersons

4udgment isbinding on thewhole world

4udgment isbinding onl#upon partiesimpleaded or

theirsuccessors in

interest

4udgmentbinding upon

particularpersons, but

the real motiveis to deal withreal propert#or to sub/ectsaid propert#

to certainclaims.

5". ;andregistration

case$ probateproceedings

for allowanceof a will.

5". action torecover

damages$action forbreach ofcontract

5". Unlawfuldetainer or

forcible entr#$/udicial

foreclosure ofmortgage.

he distinction is important indetermining the 55C of the/udgment.

'C

REALACTION

PERSONALACTION

I$EDACTION

0wnership orpossession of

real propert# isinvolved

personal propert# issought to be

recovered or wheredamages for breach

of contract aresought

3oth real andpersonal

properties areinvolved

ounded onprivit# of

estate

ounded on privit#of contract

ounded onboth

e". (ccionreinvidicatoria

5". (ction for a sumof mone#

e". (ccionpubliciana

with a claimfor damages

he distinction is significant in thedetermination of venue.


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':

LOCAL ACTION TRANSITOR"ACTION

=ust be brought in aparticular place, inthe absence of anagreement to the

contrar#

2enerall#, must bebrought where the

part# residesregardless of wherethe cause of action

arose

5". (ction to recoverreal propert#

5". (ction to recoversum of mone#

Section %. Co&&ence&ent o' action.

An action is co&&enced ()*1. filing of the complaint 'the date of

the filing determines whether or notthe action has alread# prescribed$and

%. pa#ment of the re>uisite docet fees'determined on the basis of theamount of the claim including thedamages indicated in bod# or thepra#er of the pleading

*t is not simpl# the filing of the

complaint or the appropriate initiator#pleading but also the pa#ment of theprescribed docet fee that vests a trialcourt with /urisdiction over the sub/ectmatter or nature of the action.

he court ma# allow the pa#ment of thedeficient docet fee within a reasonableperiod but not be#ond the applicableprescriptive or reglementar# period.

(n action can be commenced b# filingthe complaint b# registered mail. *n

which case, it is the date of mailing thatis considered as the date of filing, andnot the date of the receipt thereof b#the cler of court.

he date of the filing of an amendedcomplaint /oining additional defendant isthe date of the commencement of theaction with regard to such additionaldefendant.

Section +. Constr,ction.

Genera- R,-e* ;iberal construction .Ece/tions*

a. reglementar# periodsb. rule on forum shopping

RULE 0CAUSE O! ACTION

Section 0. Ca,se o' Action de'ined.Essentia- e-e&ents o' ca,se o' action

1. 5"istence of a legal right of theplaintiff$

%. Correlative legal dut# of thedefendant to respect ones right$

&. (ct or omission of the defendantin violation of the plaintiffslegal right$ and

?. Compliance with a conditionprecedent.

CAUSE O! ACTION RIG2T O! ACTIONdelict or wrongful actor omission committed

b# the defendant inviolation of the

primar# rights of theplaintiff

remedial right or rightto relief granted b#

law to a part# toinstitute an action

against a person whohas committed a delictor wrong against him

he reason for theaction

the remed# or meansafforded or the

conse>uent relief

the formal statementof alleged facts

right that is given @the right to litigate

because of theoccurrence of the

alleged facts

:etermined b# facts

as alleged in thecomplaint and not the

pra#er therein

determined b#

substantive law

RELIE! REED" SU4ECTATTER

the redress,protection,award orcoercive

measure which

theprocedure or

t#pe ofaction which

ma# be

the thing,wrongful act,contract or

propert# whichis

REMEDIALLAWCOMMITTEECHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EPS: Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECTHEAS: Jona O'ia )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence


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the plaintiffpra#s the courtto render in his

favor as aconse>uence of

the delictcommitted b#the defendant

availed of b#the plaintiffas the meansto obtain the

desiredrelief

directl#involved in the

action,concerningwhich thewrong has

been done andwith respectto which thecontrovers#has arisen.

Section 5. S/-itting a sing-e ca,se o'

action e''ect o'.

SPLITTING O! CAUSE O! ACTION @ is thepractice of dividing one cause of actioninto different parts and maing eachpart sub/ect of a separate complaint.

(pplies A0 onl# to complaints but alsoto counterclaims and crossclaims.

Re&ed) against s/-itting a sing-e ca,seo' action*

(. =otion to dismiss on the ground of! ;itis pendentia, if the first

complaint is still pending '6ule1, Sec. 1e$ or

6es /udicata, if an# of the

complaints is terminated b# final/udgment '6ule 1, Sec. 1f

3. (n answer alleging either of theabove-cited grounds as affirmativedefense '6ule 1, Sec.

Genera- R,-e on Divisi(-e Contract

( contract to do several things at severaltimes is divisible, and /udgment for asingle breach of a continuing contract isnot a bar to a suit for a subse>uentbreach.

Doctrine o' Antici/ator) reac65ven if the contract is divisible in itsperformance and the future periodicdeliveries are not #et due, if the obligorhas alread# manifested his refusal tocompl# with his future periodicobligations, Bthe contract is entire and

the breach total, hence there can onl#be one action for damages (Blossom &Co. vs. Manila Gas Corp., 55 Phil. 226

Section %. 4oinder o' ca,ses o' action.6ule in this section is D56=*SS*)5 and theplaintiff can alwa#s file a separateaction for each cause of action.

Par. 7a8* he /oinder of causes of actionma# involve the same or differentparties. *f the /oinder involved differentparties, it must compl# with Sec. 6ule&, thus, there must be a >uestion of factor law common to both parties /oinedarising out of the same or series of

transactions.

Par. 7(8 re9,ires t6at: onl# causes ofaction in ordinar# civil actions ma# be/oined, obviousl# because the# aresub/ect to the same rules.

Par. 7c8(s long as one cause of actionfalls within the /urisdiction of the 6C,the case can be filed there even if the=C has /urisdiction over the others.

Pars. 7d8 e&(odies t6e TOTALIT" RULE

Section 33 BP129, as amended by RA7691-


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Aot a ground for dismissal of an action. (mis/oined cause of action ma# besevered and proceeded with separatel#.here is no sanction against non-/oinderof separate causes of action since aplaintiff needs onl# a single cause ofaction to maintain an action.

RULE 3PARTIES TO CIVIL ACTIONS

Section 1. ;6o &a) (e /artiesuestion of law or fact

common to all the plaintiffs ordefendants$ and

&. Such /oinder is not otherwiseproscribed b# the provisions of the6ules on /urisdiction and venue.

SERIES O! TRANSACTIONS@ transactionsconnected with the same sub/ect of the

action.

INDISPENSALEPARTIES

NECESSAR"PARTIES

he action cannotproceed unless the#

are /oined

he action canproceed even in the

absence of somenecessar# parties

Ao valid /udgment ifindispensable part# is

not /oined

he case ma# bedetermined in courtbut the /udgmenttherein will not

resolve the entirecontrovers# if a

necessar# part# is not/oined

he# are those withsuch an interest in the

controvers# that afinal decree would

necessaril# affect theirrights so that the court

cannot proceedwithout their presence

he# are those whosepresence is necessar#

to ad/udicate thewhole controvers# butwhose interests are sofar separable that afinal decree can be

made in their absencewithout affecting

them

4OINT DETORS @ indispensable part#with respect to own share and anecessar# part# with respect to theshare of the others.

SOLIDAR" DETORS @ either isindispensable and the other is not even anecessar# part# because complete reliefma# be obtained from either.

Section =. Non>:oinder o' necessar)

/arties to (e /-eaded.

he non-inclusion of a necessar# part#ma# be e"cused onl# on meritoriousgrounds.

he court ma# order the inclusion of theomitted necessar# part# if /urisdictionover his person ma# be obtained b#ordering plaintiff to file an amendedcomplaint impleading the necessar#part# therein as co-defendant.

he onl# sanction for failure to impleada necessar# part# when ordered b# thecourt and /urisdiction can be obtainedover said part# is a waiver of the claimagainst him. his is considered as ane"ception to the provision on penaltiesimposed on a disobedient part# underSec. & of 6ule 17 which would haveentailed the dismissal of the complaintitself.

Section 11. is:oinder and non>:oindero' /arties.

Aeither mis/oinder nor non-/oinder ofparties is a ground for dismissal of theaction.

0b/ections to defects in parties shouldbe made at the earliest opportunit# @ themoment such defect becomes apparent @b# a =0*0A 0 S6*H5 E5 A(=5S 0E5 D(6*5S impleaded.




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*f there is mis/oinder, a separate actionshould be brought against the part#mis/oined.

he absence of an indispensable part#renders all subse>uent actions of thecourt null and void for want of authorit#to act, not onl# as to the absent partiesbut even as to those present.

Section 10. C-ass s,it.

RE#UISITES O! A CLASS

?REPRESENTATIVE SUIT.1. sub/ect matter of thecontrovers# is one of common orgeneral interest to man#persons$

%. parties affected are so numerousthat it is impracticable to bringthem all before the court$

&. parties bringing the class suit aresufficientl# numerous orrepresentative of the class andcan full# protect the interests ofall concerned.

C-ass S,it Per&issive 4oindero' Parties

here is one singlecause of actionpertaining to

numerous persons

here are multiplecauses of action

separatel# belongingto several persons.

Section 15. Un@non identit) or na&eo' de'endant.

Re9,isites*

1. there is a defendant%. his identit# or name is unnown&. fictitious name ma# be used

because of ignorance ofdefendants true name and saidignorance is alleged in thecomplaint

?. identif#ing description ma# beused! sued as unnown owner,heir, devisee, or otherdesignation

+. amendment to the pleadingwhen identit# or true name isdiscovered

. defendant is the defendantbeing sued, not a mereadditional defendant

Service of summons upon a defendantwhose identit# is unnown ma# be madeb# publication in a newspaper of generalcirculation in accordance with Section 1?of 6ule 1?.

Section 1%. Entit) it6o,t :,ridica-/ersona-it) as de'endant.

he# ma# be sued under the name b#which the# are generall# nown, butthe# cannot sue under such name forlac of /uridical personalit#.

he service of summons ma# be effectedupon all the defendants b# serving uponan# of them, or upon the person incharge of the office or place of businessmaintained under such name. (Se#. $,

ule 1%"

INSTANCES ;2ERE SUSTITUTION O!PARTIES IS PROPER*

A. Deat6 o' /art)< d,t) o' co,nse- 7Sec.1+8his provision applies where the claim isnot thereb# e"tinguished as in casesinvolving propert# and propert# rightssuch as!

1. recover# of real and personalpropert# against the estate.

%. enforcement of liens on suchproperties

&. recover# for an in/ur# to personor propert# b# reason of tort ordelict committed b# thedeceased.

*n this case, the heirs will be substitutedfor the deceased 06 if no legalrepresentative is named then the courtwill order the opposing part# to procurethe appointment of an e"ecutor or




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administrator for the estate of thedeceased.

*n case of minor heirs, the court ma#appoint a guardian ad litem for them.

he substitute defendant need not besummoned. he ORDER O!SUSTITUTIONshall be served upon theparties substituted for the court toac>uire /urisdiction over the substitutepart#

*f there is failure to notif# the fact ofdeath! the case ma# continue andproceedings will be held valid, and/udgment will bind the successors ininterest.

. Deat6 or se/aration o' a /art) 6ois a /,(-ic o''icer 7Sec. 1B8

he action ma# be maintained b# andagainst his successor.

he action contemplated here is onebrought against the public officer in hisofficial capacit#.

C. S,/ervening Inco&/etence orinca/acit) o' a /art) 7Sec. 18he action shall continue to beprosecuted b# or against him, personall#or assisted b# the correspondingguardian.

D. Trans'er o' interest 7Sec. 1=8Substitution of parties in this section is

A0 mandator#, it being permissible tocontinue the action b# or against theoriginal part# in case of transfer ofinterest penente lite. Unless thesubstitution b# or the /oinder of thetransferee is re>uired b# the court,failure to do so does not warrant thedismissal of the case. ( transferee

penente lite is a proper, and not anindispensable part#.

he case will be dismissed if the interestof plaintiff is transferred to defendant

UA;5SS there are several plaintiffs, inwhich case, the remaining plaintiffs canproceed with their own cause of action.

Section 0. Action on contract,a-&one) c-ai&s.

Re9,isites*1. he action must primaril# be for

recover# of mone#, debt, orinterest thereon, and not wherethe mone# sought therein ismerel# incidental thereto.

%. he claim, sub/ect of the action,arose from a contract, e"press or

implied, entered into b# thedecedent in his lifetime or theliabilit# for which had beenassumed b# or is imputable tohim.

*f defendant dies before entr# of final/udgment in the court where it waspending at that time, the action shallnot be dismissed but shall be allowed tocontinue until entr# of final /udgmentthereon.

Eowever, e"ecution shall not issue infavor of the winning part#. *t should befiled as a claim against the estate of thedecedent.

Section 01. Indigent /art).

Indigent @ one who has no propert# orincome sufficient for his support asidefrom his labor, even if he is self-supporting when able to wor and inemplo#ment. Ee need not be a pauperto entitle him to litigate in 'orma

pauperis.


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San Beda College of Law1!


VENUE@ the place where an action mustbe instituted and tried.

VENUE 4URISDICTION

Dlace where the actionis instituted

Dower of the court tohear and decide a case

=a# be waived 4urisdiction over thesub/ect matter and

over the nature of theaction is conferred b#

law and cannot bewaived

Drocedural Substantive

=a# be changed b# thewritten agreement ofthe parties

Cannot be the sub/ectof the agreement ofthe parties

T6e r,-e on VENUE IS NOT APPLICALEin cases

1


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San Beda College of Law1"


he Supreme Court has the power toorder a change of venue to prevent amiscarriage of /ustice.

Dis&issa- o' Action 'or I&/ro/er Ven,ehe court ma# not motu propio dismiss acomplaint on the ground of impropervenue. (n e"ception is provided inSection ? of the 6evised 6ule onSummar# Drocedure.

RULES ON SUAR"PROCEDURE

SUAR" PROCEDUREIN CIVIL CASES

he Court should not dismiss thecomplaint or counterclaim if the# arenot verified. he re>uirement is merel#a formal one, and not /urisdictional. *tshould therefore simpl# direct the part#concerned to have it verified.

PRO2IITED PLEADINGS ? OTIONSUNDER T2E RULE ON SUAR"PROCEDURE.

1. =otion to dismiss the complaintor to >uash the complaint orinformation e"cept on theground of lac of /urisdictionover the sub/ect matter orfailure to compl# with priorbaranga# conciliation 'referral tothe ;upon

%. =otion for a bill of particulars&. =otion for a new trial or for

reconsideration of a /udgment orfor reopening of trial

?. Detition for relief from /udgment

+. =otion for e"tension of time tofile pleadings, affidavits, or an#other paper

. =emoranda7. Detition for certiorari,

mandamus, or prohibitionagainst an# interlocutor# orderissued b# the court

8. =otion to declare defendant indefault

9. :ilator# motions forpostponement

1I. 6epl#



*f plaintiff fails toappear in prelimconference, complaintma# be dismissed.:efendant entitled todecision based on hiscounterclaim. (llcrossclaims dismissed.

*f :efendant fails toanswer in 1I da#s @

he court, motu propioor on plaintiffs

motion, ma# render/udgment based onfacts alleged in the

complaint wJopre/udice to

69, S& 'c

iling of verifiedcomplaint with the

=C

court ma#dismiss the case

outright


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San Beda College of Law1#


11. hird part# complaints1%. *nterventions

he filing of a prohibited pleading willnot suspend the period to file an answeror to appeal.

(lthough a motion to dismiss is aprohibited pleading, its filing after theanswer had alread# been submitted doesnot constitute a pleading prohibited b#the summar# rules.


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Eowever, the court ma#, at an# timebefore trial, motu proprio refer the caseto the lupon concerned for amicablesettlement, non criminal cases notfalling within the authorit# of the latter.


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of action$ interestedin the matters to be

included in the/udgment.

order not included inthe /udgment

=a# be initiator# Cannot be initiator# asthe# are alwa#s madein a case alread# filed

in court

(lwa#s filed before/udgment

=a# be filed evenafter /udgment

Section 3. Co&/-aint.COPLAINT @ is a concise statement ofthe ultimate facts constituting theplaintiffs cause or causes of action, with

a specification of the relief sought, butit ma# add a general pra#er for suchfurther relief as ma# be deemed /ust ore>uitable.

ULTIATE !ACTS - essential factsconstituting the plaintiffs cause ofaction.

;6at are NOT ,-ti&ate 'acts*1. 5videntiar# or immaterial facts.

%. ;egal conclusions, conclusions orinferences of facts from factsnot stated, or incorrectinferences or conclusions fromfacts stated.

&. he details of probative matteror particulars of evidence,statements of law, inferences

and arguments.

?. (n allegation that a contract isvalid or void is a mere conclusionof law.

TEST O! SU!!ICIENC"! if uponadmission or proof of the facts beingalleged, a /udgment ma# be properl#given. ( fact is essential if it cannot bestricen out without leaving thestatement of the cause of actioninsufficient.

Section 5. Anser

ANS;ER @ the pleading where thedefendant sets forth his affirmative ornegative defenses.

0 @inds o' de'enses t6at &a) (e set'ort6 in t6e anser*a. A!!IRATIVE DE!ENSES@ allegation

of a new matter which whileh#potheticall# admitting thematerial allegations in the pleading,would nevertheless prevent or bar

recover# b# him. *t is in the natureof Confession and (voidance

(. NEGATIVE DE!ENSES@ specificdenial of the material facts or factsalleged in the pleading

Ins,''icient denia- or denia-a&o,nting to ad&issions*

1. 2eneral denial%. :enial in the form of a

negative pregnant

Section +. Co,nterc-ai&

COUNTERCLAI @ an# claim which adefending part# ma# have against anopposing part#.

Nat,re o' co,nterc-ai&* ( counterclaimis in the nature of a cross-complaint.(lthough it ma# be alleged in theanswer, it is not part of the answer. Uponits filing, the same proceedings are hadas in the original complaint. or thisreason, it must be answered within ten

'1I da#s from service.




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Section B. Co&/,-sor) Co,nterc-ai&

RULES ON COUNTERCLAI( counterclaim before the =C must bewithin the /urisdiction of said court,both as to the amount and naturethereof (e Chua vs. 4!C".



iling of complaintwJ the Dunong3aranga# 'D3


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DOCTRINE O! ANCILLAR" 4URISDICTION*n an original action before the 6C, thecounterclaim ma# be consideredcompulsor# regardless of the amount7Sec. B R,-e + 8.

*f a counterclaim is filed in the =C ine"cess of its /urisdictional amount, thee"cess is considered waived (!ustin vs.Ba#alan8. *n Ca#o $s% A&a' (nt)-, the

remed# where a counterclaim is be#ondthe /urisdiction of the

=C is to set off the claims and file aseparate action to collect the balance.

COPULSOR"COUNTERCLAI

PERISSIVECOUNTERCLAI

0ne which arises outof or is necessaril#connected with the

transaction oroccurrence that is the

sub/ect matter of theopposing part#s

claim.

*t does not arise out ofnor is it necessaril#connected with the

sub/ect matter of theopposing part#s

claim.

*t does not re>uire forits ad/udication thepresence of third

parties of whom thecourt cannot ac>uire

/urisdiction.

*t ma# re>uire for itsad/udication thepresence of third

parties over whom thecourt cannot ac>uire

/urisdiction.

*t is barred if not setup in the action.

*t is A0 barred evenif not set up in the

action.

Aeed not beanswered$ no default.

=ust be answered,otherwise, the

defendant can bedeclared in default.

GENERAL RULE* ( compulsor#counterclaim not set up in the answer isdeemed barred.

E$CEPTION* *f it is an after-ac>uiredcounterclaim, that is, such claimmatured after filing of the answer. *n

this case, it ma# be pleaded b# filing anamended answer or a supplementalanswer or pleading.

Section . Cross>c-ai&CROSS>CLAI an# claim b# one part#against a co-part# arising out of thetransaction or occurrence that is thesub/ect matter either of the originalaction or counterclaim.

*f it is not set up in the action, it isbarred, ece/t*

1. when it is outside the /urisdiction ofthe court or$%. if the court cannot ac>uire

/urisdiction over third parties whosepresence is necessar# for thead/udication of said cross-claim.

*n which case, the cross-claim isconsidered permissive.

he dismissal of the complaint carrieswith it the dismissal of a cross-claimwhich is purel# defensive, but not a

cross-claim seeing affirmative relief.

Cross C-ai& Co,nterc-ai& 3rd>/art)Co&/-aint

(gainst a co-part#

(gainst anopposing part#

(gainst aperson not apart# to theaction

=ust arise outof the

transaction

that is thesub/ect matter

of the orig.action or of acounterclaim

therein.

=a# arise out ofor be necessaril#connected with

the transactionor that is the

sub/ect matterof the opposingpart#s claim, inwhich case, it is

called acompulsor#

counterclaim, orit ma# not, in

which case it iscalled a

permissivecounterclaim.

=ust be inrespect of

the

opponentsclaim

'Dlaintiff




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Section 1. Re/-).

REPL"- the response of the plaintiff tothe defendants answer.

E!!ECT O! !AILURE TO REPL"! newfacts that were alleged in the answer aredeemed controverted. Eence, the filingof the repl# is optional e"cept for thedenial of the genuineness and duee"ecution of an actionable documentused as defense in the answer.

Section 11. T6ird 7'o,rt6 etc.8 /art)co&/-aint.

T2IRD 7!OURT2ETC.8 PART"COPLAINT a claim that a defendingpart# ma#, with leave of court, fileagainst a person not a part# to theaction for contribution, indemnit#,subrogation or an# other relief, inrespect of his opponents claim.

T2IRD>PART"COPLAINT

COPLAINT ININTERVENTION

3rings into the action

a third person whowas not originall# apart#.

Same

*nitiative is with theperson alread# a part#

to the action.

*nitiative is with anon-part# who seesto /oin the action.

TESTS to deter&ine 6et6er t6e t6ird>/art) co&/-aint is in res/ect o'/-ainti''s c-ai&*

1. /art) co&/-aint*( &rd-part# complaint is proper when notone of the third-part# defendantstherein is a part# to the main action. 3utif one or more of the defendants in a

counterclaim or cross-claim is alread# apart# to the action, then the othernecessar# parties ma# be brought inunder this section.

RULE BPARTS O! A PLEADING

Section 3. Signat,re and address.he signature of the counsel is acertification that!

1. hat he has read the pleading$%. here is good ground to support

it$ and&. *t is not interposed for dela#

0nl# the original copies must be signed.UNSIGNED PLEADING ma# be stricenout as sham and false, and the actionma# proceed as though the pleading hasnot been served. (t *as no #e+a# eect%

Section 5. Veri'ication.

Dleadings need A0 be verified 5LC5Dwhen otherwise provided b# the law orrules.




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( verification must now be based onpersonal nowledge or based onauthentic records.

Section %. Certi'ication against 'or,&s6o//ing.

!ORU S2OPPING@ the filing of a two ormore cases based on the same cause ofaction in different courts for the purposeof obtaining a favorable decision ineither.

Test to deter&ine t6e /resence o''or,&>s6o//ing*whether in the two 'ormore cases pending, there is identit# of7a8parties, 7(8rights or causes of action,and 7c8reliefs sought.

he certificate is to be e"ecuted b#petitioner, and not b# counsel.

6e>uired 0A;K for complaints orinitiator# pleadings.

Certificate of non-forum shopping is notre>uired in a compulsor# counterclaim(0S +osp. vs. Surla".

E!!ECT O! !AILURE TO COPL"!1. Aot curable b# amendment of

said pleading%. shall be cause for the dismissal

of the case, without pre/udice,unless otherwise provided, uponmotion and after hearing

E!!ECT O! SUISSION O! !ALSE

CERTI!ICATION OR NON>COPLIANCE;IT2 T2E UNDERTAFINGS T2EREIN*

1. indirect contempt%. administrative and criminal

actions

E!!ECT O! ;IL!ULL AND DELIERATE!ORU S2OPPING*

1. shall be ground for summar#dismissal of the case withpre/udice$

%. direct contempt.

RULE ANNER O! AFING ALLEGATIONS IN A

PLEADING

Dleadings should state ,-ti&ate 'actsessential to the right of action.

ULTIATE !ACTS* those which directl#form the bases of the right sought to beenforced or the defense relied upon.*f the ultimate facts are A0 alleged,the cause of action would beinsufficient.

Section 5. Ca/acit).

Capacit# to sue and be suedeither personall# or in representativecapacit# must be specificall# averred b#the part# suing or being sued, andspecificall# denied b# the part#>uestioning such capacit#.

Capacit# is challenged b#specific denial, motion to dismiss or billof particulars.

Section %. !ra,d &ista@e condition o't6e condition

!ACTS T2AT A" E AVERREDGENERALL"*

1. Conditions precedent '3U theremust still be an allegation thatthe specific condition precedenthas been complied with,otherwise, it will be dismissedfor failure to state a cause ofaction

%. =alice, intent, nowledge, orother condition of the mind

&. 4udgments of domestic or

foreign courts, tribunals, boards,or officers 'no need to show/urisdiction

?. 0fficial document or act

!ACTS T2AT UST E AVERREDPARTICULARL"*

1. Circumstances showing fraud ormistae in all averments offraud or mistae

%. Capacit#




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substantial facts in the pleadingresponded to.

Section 11. A--egation not s/eci'ica--)denied dee&ed ad&itted.

GENERAL RULE* (llegations A0specificall# denied deemed admitted'such as allegations of usur# in thecomplaint, and the authenticit# and duee"ecution of actionable documents.E$CEPTIONS*

1. (llegations as to the amount ofunli>uidated damages

%. *mmaterial allegations$&. *ncorrect conclusions of fact.

RULE =E!!ECT O! !AILURE

TO PLEAD

Section 1. De'enses and o(:ections not/-eaded.GENERAL RULE! :efenses and ob/ectionsthat are not pleaded in a =0*0A 0:*S=*SS or in the answer are deemedwaived.E$CEPTIONS 'not waived even if notraised!

1. ;ac of /urisdiction over thesub/ect matter

%. ;itis pendentia&. 6es /udicata?. Drescription of the action

hese defenses ma# be raised at an#stage of the proceedings even for thefirst time on appeal 5LC5D that lac of/urisdiction over the sub/ect matter ma#be barred b# laches. 'i:am vs.Sionhano.

he presence of these groundsauthoriFes the court to motu propriodismiss the claims. hese grounds must,however, appear from the pleadings orthe evidence on record.

Section 3.

DE!AULT@ the failure of the defendantto anserwithin the proper period. *t isnot his failure to appear nor failure topresent evidence.

ORDER O! DE!AULT 4UDGENT "DE!AULT

issued b# the court,on plaintiffs motion

for failure of thedefendant to file hisresponsive pleading

seasonabl#.

6endered b# the courtfollowing a default

order or after itreceived, e" parte,plaintiffs evidence.

*nterlocutor# - notappealable

inal @ appealable

A0 default ma# be declared in thefollowing actions!

1. (nnulment of marriage%. :eclaration of nullit# of

marriage

&. ;egal Separation?. Special civil actions of certiorari,

prohibition and mandamus wherecomment instead of an answer isre>uired to be filed

he court cannot motu propriodeclare adefendant in default. or defendant tobe declared in default, the plaintiffmust!

1. ile a =0*0A to declaredefendant in default

%. Drove that summons have been

properl# served on thedefendant

&. Drove that the defendant reall#failed to answer within theproper period.

CAUSES O! DE!AULT1. ailure to answer within the

proper period%. Aon-compliance with the order

of the court to file a bill ofparticulars or in case ofinsufficient compliance

therewith '6ule 1%, Section ?&. 6efusal to compl# with the

modes of discover# '6ule %9,Section &, par. c

?. ailure to furnish plaintiff with acop# of the answer

*f the defendant was declared in defaultupon an original complaint, the filing ofthe amended complaint resulted in thewithdrawal of the original complaint,hence, the defendant was entitled to




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file answer to the amended complaint asto which he was not in default.

E!!ECT O! ORDER O! DE!AULT*1. uent proceedings.

%. Ee ma# still be called on as awitness, in behalf of the non-defaulting defendants.

DE!AULT

PARTIAL DE!AULT*1. he pleading asserting a claim

states a common cause of actionagainst several defending parties

%. some of the defending partiesanswer and the others fail to doso

&. the answer interposes a commondefense

E!!ECT O! PARTIAL DE!AULT* he courtwill tr# the case against (;; defendantsupon the answer of some 5LC5D wherethe defense is personal to the one whoanswered, in which case, it will notbenefit those who did not answer.

REED" !RO 4UDGENT " DE!AULT7!LO; C2ART8

E$TENT O! RELIE! TO E

A;ARDED IN A 4UDGENT "

DE!AULT*Shall not e"ceed the amount 06 bedifferent in ind from that pra#ed for



(fter the

lapse of timeto file an

answer, theplaintiff ma#

move todeclare thedefendant in

default

=otion denied!:efendant

allowed to file ananswer

otion granted*Court issues order

of default andrenders /udgment,or re>uire plaintiffto submit evidence

e" parte.

:efendantanswers

3efore /udgmentb# default isrendered,

defendant ma#!move to set aside

order of defaultupon showing!(=5Ee has a

meritoriousdefense

(vail of 6ule + inproper cases

Court sets asideorder of default anddefendant is allowed

to file an answer

Case set forpre-trial

Courtmaintains

order ofdefault

Dresentationof plaintiffsevidence e"-

parte

*f plaintiffproves hisallegations,/udgment b#default.

*f plaintifffails to prove

his allega-tions, case isdismissed.

4udgment b# default

=otion for new trial or reconsideration atan# time after service of /udgment b#

default and within 1+ '&I da#s therefrom

ailure to file motion for new trialJ:enial of said motion

Derfect appeal from said /udgment b#default within the balance of said

1+ '&I - da# period

ailure to appeal withoutdefendants faul

Detition for relief from /udgment withinI da#s from notice of the /udgment but

within months from entr# thereof

(nnulment of 4udgmentunder 6ule ?7


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A06 award unli>uidated damages.

RULE 1AENDED AND SUPPLEENTAL

PLEADINGS

AENDENTSSection 1. A&end&ents in genera-.


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1. (dmissions in the supersededpleading can still be received inevidence against the pleader$

%. Claims or defenses allegedtherein but not incorporated orreiterated in the amendedpleading are deemed waived.

he amended or superseded, originalpleading is not e"punged but remains onthe record although the admission of theamended pleading amounts towithdrawal of the original pleading.

RULE 11;2EN TO !ILE RESPONSIVE PLEADINGS

Anser to t6e co&/-aint1. c-ai&.he pleader ma# set up a counterclaimor cross-claim b# amendment before/udgment when he fails to set it up b#reason of oversight, inadvertence, ore"cusable neglect ort when /usticere>uires. ;eave of court is necessar#%




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RULE 10ILL O! PARTICULARS

ILL O! PARTICULARS- a more definitestatement of an# matter which appearsvague or obscure in a pleading.

PURPOSE*to aid in the preparation of aresponsive pleading.

=otion for bill of particulars must befiled within the reglementar# period forthe filing of a responsive pleading. hefiling of a motion if sufficient in formand substance, will interrupt the time to

plead.

he motion for bill of particulars ma# begranted in whole or in part as not all theallegations >uestioned b# the movantare necessaril# ambiguous as to re>uireclarification.

( bill of particulars ma# be filed eitherin a separate or an amended pleading.( bill of particulars becomes part of thepleading which it supplements.

E!!ECTS O! OTION1. *f the motion is granted, the

movant can wait until the bill ofparticulars is served on him b#the opposing part# and then hewill have the balance of thereglementar# period withinwhich to file his responsivepleading.

%. *f his motion is denied, he willstill have such balance of thereglementar# period to do so,

counted from service of theorder den#ing his motion. *neither case, he will have at least+ da#s to file his responsivepleading.

E''ect o' non>co&/-iance*1. *f the 0rder is not obe#ed or in

case of insufficient compliancetherewith, the court!

a. ma# order the striingout of the pleading orthe portion thereof to

which the order isdirected$ or

b. mae such order as itma# deem /ust.

%. *f plaintiff, his compliant will bestricen off and dismissed '6ule1%, sec. ?$ 6ule 17, sec. &

&. *f defendant, his answer will bestricen off and his counterclaimdismissed, and he will bedeclared in default upon motionof the plaintiff '6ule 1%, sec. ?$6ule 17, sec. ?$ 6ule 9, sec. &.

RULE 13!ILING AND SERVICE O! PLEADINGS

4UDGENTS AND OT2ER PAPERS

Aotice given to a part# who is dul#represented b# counsel is a nullit#,unless service thereof on the part#himself was ordered b# the court or thetechnical defect was waived.

Section 3. anner o' 'i-ing.

1. Dersonall#%. b# registered mail

iling b# mail should be through theregistr# service which is made b# depositof the pleading in the post office, andnot through other means of transmission.

*f registr# service is not available in thelocalit# of either sender or addressee,service ma# be done b# ordinar# mail.

*f a private carrier is availed of b# thepart#, the date of actual receipt b# thecourt of such pleading and not the dateof deliver# to the carrier, is deemed tobe the date of the filing of thatpleading.

NOTE* D56S0A(; and SU3S*U5:service as applied to pleadings have adifferent meaning compared to summonsunder 6ule 1?.




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ODES O! SERVICEPLEADINGS1. D56S0A(; S56)*C5

a. :elivering personall# a cop# tothe part# or his counsel or$

b. ;eaving a cop# in counselsoffice with his cler or with aperson having charge thereof or$

c. ;eaving the cop# between 8 a.m.and p.m. at the part#s orcounsels residence, if nown,with a person of sufficient ageand discretion residing therein---

if no person found in his office,or if his office is unnown, or ifhe has no office.

%. S56)*C5 3K =(*;*f no registr# service is available in thelocalit#, of either sender or addressee,service ma# be done b# ordinar# mail.

&. SU3S*U5: S56)*C5:elivering the cop# to the cler of courtwith proof of failure of both personaland service b# mail.

4UDGENTS !INAL ORDERSRESOLUTIONS 7Sec.=8

1. 3# personal service$ or%. 3# registered mail$&. 3# publication, if part# is

summoned b# publication andhas failed to appear in theaction.

he# can be served onl# under the threemodes.

he# C(AA0 be served b# substitutedservice.

NOTE*( resort to modes other than b#personal service must be accompaniedb# a ;ritten e


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*t serves as a warning to all persons,prospective purchasers orencumbrancers of the propert# inlitigation to eep their hands off thepropert# in litigation unless the# areprepared to gamble on the result of theproceedings.

he defendant ma# also record a noticeof lis pendens when he claims anaffirmative relief in his answer.

Aotice of lis pendens C(AA0 becancelled on an e" parte motion or uponthe mere filing of a bond b# the part# onwhose title the notice is annotated, as

section 1? provides that suchcancellation ma# be authoriFed -7upon order of court, after propershowing that!

1. he notice is for the purpose ofmolesting the adverse part#$ or

%. *t is not necessar# to protect therights of the part# who caused itto be recorded.

RULE 15SUONS

PURPOSE O! SUONS*1. to ac>uire /urisdiction over the

person of the defendant, and$%. to give notice to the defendant

that an action has beencommenced against him.

E!!ECT O! NON>SERVICE*Unless thereis waiver, non-service or irregular servicerenders null and void all subse>uentproceedings and issuances in the actionfrom the order of default up to andincluding the /udgment b# default and

the order of e"ecution.

uired on the amended complaint if itdoes not introduce new causes of action.

3ut where the defendant was declared indefault on the original complaint and theplaintiff subse>uentl# filed an amendedcomplaint, new summons must be servedon the defendant on the amended

complaint, as the original complaint wasdeemed withdrawn upon suchamendment.

Section 3. ) 6o& served.Summons ma# be served b#!

1. Sheriff %. Sheriffs deput#, or&. 0ther proper court officers, or?. or /ustifiable reasons, b# an#

suitable person authoriFed b#the court issuing the summons.

En,&eration is E$CLUSIVE.

ALIAS SUONS issued when originalhas not produced its effect because it isdefective in form or manner of service,and when issued, supersedes the first'Section +.

FINDS O! SERVICE O! SUONS*1. personal service%. substituted service&. b# publication

*n actions in personam where the

defendant cannot be served withsummons personall# or b# substitutedservice, the case must first be convertedinto an in rem or >uasi in rem action b#attaching the propert# of the defendantfound in the Dhilippines before summonscan be served b# publication. *f nopropert# can be found, the action shallbe archived but shall not be dismissed.(Citi=ens Suret vs. Court !ppeals"

SERVICE O! SUONS ON DI!!ERENTENTITIES

Servi#e on entit;>o :urii#alpersonalit

Upon an# or alldefendants being suedunder common name$ orperson in charge of office

Service uponminors and

incompetents

*n case of minors! b#serving upon the minor,regardless of age, (A:upon his legal guardian, oralso upon either of hisparents.*n case of incompetents!b# serving on him

personall# (A: upon his




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legal guardian, but notupon his parents, unlesswhen the# are his legalguardians

*A (AK 5)5A, if theminor or incompetent hasno legal guardian, the

plaintiff must obtain theappointment of a guardianad litem for him.

Service uponprisoner

Serve on officer havingmanagement of the /ail orprison

Service upondomestic private

/uridical entit#5A*K

o the president,managing partner, general

manager, corporatesecretar#, treasurer, or in-house counsel.A05! Service upon aperson other than thosementioned is invalid anddoes not bind thecorporation. heenumeration is5LC;US*)5.

Service uponforeign private/uridical entit#

Serve on resident agent $or if none$ on govtofficial designated b# law$

oron an# officer or agent ofthe corporation within theDhilippines.

Service uponpublic

corporations

in case defendant is the6epublic of the Dhilippines- b# serving upon theSolicitor 2eneralin case of a province, cit#or municipalit#, or liepublic corporations @ b#serving on its e"ecutivehead, or on such other

officer or officers as thelaw or the court ma#direct.

5"traterritorialservice

6e>uisitesa. defendant does

not reside or isnot found withinthe Dhil.

b. he action either! affects the personal

status of plaintiff$ relates to or the

sub/ect of which ispropert# within the

Dhilippines inwhich defendanthas a lien orinterest$

demands a reliefwhich consistswholl# or in part ine"cluding thedefendant froman# interest in an#propert# within theDhil$ or

propert# ofdefendant hasbeen attached inthe Dhil.

ode o' servicea.with leave of court

served outside theDhil. 3# personalservice$ or

b.with leave of courtserve b# publicationin a newspaper ofgeneral circulation,in which case cop# ofthe summons andorder of court mustalso be sent b#registered mail to

the last nownaddress ofdefendant$ or

c.an# other manner thecourt deemsufficient.

Service upon aresident

temporaril# out ofthe Dhil.

Substituted service orwith leave of court,personal service out ofthe Dhil. as undere"traterritorial service

Service upon anunnown

defendant orwhose

whereabouts areunnown

uivalent toservice of summons 5LC5D where suchappearance is precisel# to ob/ect to the




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/urisdiction of the court over the personof the defendant.

*nclusion in a motion to dismiss of othergrounds aside from lac of /urisdictionover the person of the defendant shallA0 be deemed a voluntar#appearance.

RULE 1%OTIONS

OTION @ is an application for reliefother than b# a pleading.

GENERAL RULE* =otions must be inwriting.E$CEPTION* hose made in open courtor in the course of hearing or trial.

FINDS O! OTIONS

a. motion ! PART! -made without thepresence or a notification to theother part# because the >uestiongenerall# presented is notdebatable.

b. motion O. CO/RS! @ where themovant is entitled to the relief orremed# sought as a matter ofdiscretion on the part of the court.

c. 0(T(AT!" motion@ one made withnotice to the adverse part# to givean opportunit# to oppose.

d. SP!C(A 0 motion- motion addressedto the discretion of the court.

GENERAL RULE! ( motion cannot pra#

for /udgment.E$CEPTIONS*

1. =otion for /udgment on thepleadings

%. =otion for summar# /udgment&. =otion for /udgment on

demurrer to evidence.

Section 5. 2earing on &otion.3>DA" NOTICE RULEGENERAL RULE* Service of the cop# ofmotions should be made in such a

manner as shall ensure its re#eipt atleast & da#s before the hearing.E$CEPTIONS*

1. 5" parte motions%. Urgent motions&. =otions agreed upon b# the

parties to be heard on shorternotice or /ointl# submitted b#the parties, and

?. =otions for summar# /udgmentwhich must be served at least 1Ida#s before its hearing

+. Aon-litigated motions.

Section %. Notice o' 6earing.A0*C5 0 E5(6*A2 shall!

1. 3e addressed to all partiesconcerned%. Specif# the time and date of the

hearing which must not be laterthan 1I da#s after the filing ofthe motion

NOTE* (n# motion that does not compl#with Sections ?, + and of this 6ule is amere scrap of paper, should not beaccepted for filing and, if filed, is notentitled to /udicial cogniFance and doesnot affect an# reglementar# period

involved for the filing of the re>uisitepleading.

O&ni(,s otion R,-e - (ll availablegrounds for ob/ection in attacing apleading, order, /udgment, or proceedingshould be invoed at one time,otherwise, the# shall be deemedwaived.

otion 'or -eave to file a pleading ormotion shall be accompanied b# thepleading or motion sought to be

admitted, otherwise, the latter will bedenied.

RULE 1+OTION TO DISISS

A otion to Dis&iss is NOTa responsivepleading.

Section 1. Gro,nds.1. Ao /urisdiction over the person

of the defending part#




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%. Ao /urisdiction over the sub/ectmatter of the claim

&. *mproper venue?. Ao legal capacit# to sue+. ;itis pendentia. 6es /udicata7. Drescription8. States no cause of action

9. Claim or demand has been paid,waived, abandoned, or otherwisee"tinguished

1I. Claim is unenforceable under theStatute of rauds

11. Aon-compliance with a conditionprecedent for filing claim

OTION TO DISISS

UNDER RULE 1+

OTION TO DISISS

UNDER RULE 33

7de&,rrer to

evidence8

2rounded onpreliminar#ob/ections.

based on insufficienc#of evidence.

ma# be filed b# an#defending part#

against whom a claimis asserted in the

action.

=a# be filed onl# b#the defendant againstthe complaint of the

plaintiff.

should be filed withinthe time for but prior

to the filing of theanswer of the

defending part# to thepleading asserting the

claim against him.

=a# be filed onl# afterthe plaintiff hascompleted the

presentation of hisevidence.

*f denied, defendantanswers, or else hema# be declared in

default*f granted, plaintiff

ma# appeal or ifsubse>uent case is notbarred, he ma# re-file

the case

*f denied, defendantma# present evidence

if granted, plaintiffappeals and the 0rder

of the dismissal isreversed, the

defendant loses hisright to present

evidence.

E''ect o' &otion to dis&iss* ( motion todismiss h#potheticall# admits the truthof the facts alleged in the complaint.

Eowever, such admission is limited onl#to all material and relevant facts whichare well pleaded in the complaint.

(n action cannot be dismissed on aground not alleged in the motion even ifsaid ground is provided for in 6ule 1.

E$CEPT*1. hose cases where the court ma#

dismiss a case motu proprio'Sec. 1, 6ule 9

%. Such ground appears in theallegations of the complaint or inplaintiffs evidence

RE#UISITES O! LITIS PENDENTIA1. Darties to the action are thesame

%. here is substantial identit# inthe cause of action and reliefsought

&. he result of the first action isdeterminative of the second inan# event and regardless ofwhich part# is successful

=otion to dismiss ma# be filed in eithersuit, not necessaril# in the one instituted

first.

RE#UISITES O! RES 4UDICATA1. Drevious final /udgment%. 4urisdiction over the sub/ect

matter and the parties b# thecourt rendering it

&. 4udgment upon the merits?. *n a case prosecuted between

same parties+. *nvolving the same sub/ect

matter. Same cause of action

here could be res /udicata without atrial, such as in a /udgment on thepleadings '6ule &?$ a summar#/udgment '6ule &+$ or an order ofdismissal under Section & of 6ule 17.


28/63




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3ut notice of dismissal re>uires an orderof the court confirming the dismissal.Such dismissal is ;IT2OUT PRE4UDICEE$CEPT!

1.

%. o have the same resolved in thesame action.

*n such case, defendant mustmanifest such preference to thetrial court within 1+ da#s fromnotice to him of plaintiffsmotion to dismiss.

hese alternative remedies of thedefendant are available to him652(6:;5SS 0


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the order of the courtor on plaintiffs

motion to dismiss hisown complaint$

:ismissal is withoutpre/udice to the rightof the defendant to

prosecute hiscounterclaim in a

separate action unlesswJin 1+ da#s from

notice of the motionhe manifests his

intention to have hiscounterclaim resolved

in the same action

:ismissal is withoutpre/udice to the rightof the defendant to

prosecute hiscounterclaim on the

same or separateaction.

RULE 1PRE>TRIAL

PRE>TRIAL- a mandator# conference andpersonal confrontation before the /udgebetween the parties and their respectivecounsel.

he plaintiff must promptl# move e"parte that the case be set for pre-trial ,

and this he must do upon the service andfiling of the last pleading.

he pre-trial and trial on the merits ofthe case must be held on separatedates.

;6en non>a//earance o' a /art) &a)(e ec,sed 7Sec.58*

1. *f a valid cause is showntherefore

%. *f a representative shall appearin his behalf full# authoriFed inwriting to!a. 5nter into an amicable

settlementb. Submit to alternative modes

of dispute resolutionc. 5nter into stipulations or

admissions of facts and ofdocuments

( special authorit# for an attorne# tocompromise is re>uired under Sec. 03R,-e 13. Under Art. 1B 7c8 o' t6e

Civi- Code, a special power of attorne#is re>uired.

E!!ECT O! NON>APPEARANCE O!PLAINTI!!!Cause for dismissal of the action, withpre/udice, unless otherwise ordered b#the court.

E!!ECT O! NON>APPEARANCE O!DE!ENDANT*

Cause to allow the plaintiff to presentevidence e" parte and the court torender /udgment on the basis thereof.

Pre>tria- (rie'. *t is the mandator# dut#of the parties to seasonabl# file theirpre-trial briefs under the conditions andwith the sanctions provided therein.

ailure to file pre-trial brief has thesame effect as failure to appear at thepre-trial.

Record o' /re>tria-. he contents of theD65-6*(; order shall control thesubse>uent course of the action, UA;5SSmodified before trial to preventmanifest in/ustice.

( part# is deemed to have waived thedelimitations in a pre-trial order if hefailed to ob/ect to the introduction ofevidence on an issue outside of the pre-trial order, as well as in cross-e"aminingthe witness in regard to said evidence.




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@- C+! - P84!7 P7S. S + AP!G.

RULE 1=INTERVENTION

;2O &a) intervene

1. 0ne who has legal interest in thematter in litigation

%. 0ne who has legal interest in thesuccess of either of the parties,

&. 0ne who has an interest againstboth parties

?. 0ne who is so situated as to beadversel# affected b# adistribution or other dispositionof propert# in the custod# of thecourt or of an officer thereof.

!ACTORS TO E CONSIDERED " T2ECOURT

1. TRIAL

(micableSettlement

ailure to (ppear

*f plaintiff is(bsent, whenso re>uired toattend, thecourt ma#dismiss the

case

Co,rtrendersdecision

*f evidence is insufficient toprove plaintiffs cause of

action or defendantscounterclaim, court rules in

favor of either one ordismisses the case

AoSettlement

TRIAL

(greementsmade b# parties$(mendments to

pleading$Schedule of trial

*f defendantis absent,court ma#

hear evidenceof plaintiff

e" parte


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and immediate character that theintervenor will either gain or lose b# thedirect legal operation and effect of the/udgment.

INTERVENTION INTERPLEADER

(n ancillar# action. (n original action.

Droper in an# of thefour situations

mentioned in this6ule.

Dresupposes that theplaintiff has no

interest in the sub/ectmatter of the action

or has an interesttherein, which in

whole or in part, is not

disputed b# the otherparties to the action.

:efendants arealread# original

parties to the pendingsuit

:efendants are beingsued precisel# to

implead them

Section 0. Ti&e to intervene.(t an# time before rendition of/udgment b# the trial court.

4USTI!ICATION* 3efore /udgment isrendered, the court, for good causeshown, ma# still allow the introductionof additional evidence and that is stillwithin the liberal interpretation of theperiod for trial.

Since no /udgment has #et beenrendered, the matter sub/ect of theintervention ma# still be readil# resolvedand integrated in the /udgment disposingof all claims in the case.

REEDIES !OR T2E DENIAL O!INTERVENTION*

1. !PP!7%. M!!M0S if there is grave

abuse of discretion*f there is improper granting ofintervention, the remed# of the part# is

certiorari.

RULE 01SUPOENA

SUPOENA SUONSan order to appear and

testif# or to produceboos and documents

0rder to answer

complaint

ma# be served to anon-part#

Served on thedefendant

needs tender ofilometrage,

attendance fee andreasonable cost of

production fee

does not need tenderof ilometrage and

other fees

SUPOENA AD TESTI!ICANDU @ aprocess directed to a person re>uiringhim to attend and to testif# at thehearing or the trial of an action, or atan# investigation conducted b#competent authorit#, or for the taing ofhis deposition.

SUPOENA DUCES TECU @ a processdirected to a person re>uiring him tobring with him boos, documents, orother things under his control.

Section 0. ) 6o& iss,ed;2O &a) iss,e

1. Court before whom the witness

is re>uired to attend%. Court of the place where thedeposition is to be taen

&. 0fficer or bod# authoriFed b#law to do so in connection withinvestigations conducted b# saidofficer or bod#

?. (n# 4ustice of the SC or of theC( in an# case or investigationpending within the Dhilippines.

SU3D05A( 0 ( D6*S0A56 @ must be for avalid purpose$ if prisoner re>uired to

appear in court is sentenced to death,reclusion perpetua or life imprisonmentand is confined in prison @ must beauthoriFed b# the SC.

Section 5. #UAS2ING A SUPOENA.(. S,(/oena DUCES TECU ma# be>uashed upon proof that!

1. *t is unreasonable andoppressive$

%. he articles sought to beproduced do not appear primafacie to be relevant to the

issues$




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&. he person asing for thesubpoena does not advance thecost for the production of thearticles desired.

3. S,(/oena AD TESTI!ICANDUma# be>uashed if the witness is not boundthereb#.

*n 5*E56 case, the subpoena ma# be>uashed for failure to tender the witnessfees and ilometrage allowed () t6eR,-es.

GENERAL RULEa. he court which issued the

subpoena ma# issue a warrantfor the arrest of the witness andmae him pa# the cost of suchwarrant and seiFure, if the courtshould determine that hisdisobedience was willful andwithout /ust cause 'Sec. 8$

b. he refusal to obe# a subpoenawithout ade>uate cause shall bedeemed a contempt of the courtissuing it 'Sec.9.

Ece/tions*

Drovisions regarding the compelling ofattendance 'Sec. 8 and contempt 'Sec.9 does not appl# where!

a.


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%. :epositions "! B!N! !SS! -those taen for purposes of apending action '6ule %& $ and

&. :epositions (N P!RP!T/A R!(!OR(A - those taen toperpetuate evidence forpurposes of anticipated action,or in the event of furtherproceedings in a case on appeal,and to preserve it against dangerof loss '6ule %?.

;2EN TAFEN


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&. an# person authoriFed toadminister oaths, as stipulatedb# the parties in writing

Section 10. Co&&ission or -ettersrogator).

COISSION LETTERS ROGATOR"*ssued to a non-

/udicial foreign officerwho will directl# tae

the testimon#

*ssued to theappropriate /udicialofficer of the foreign

countr# who will directsomebod# in said

foreign countr# to taedown testimon#

(pplicable rules ofprocedure are those ofthe re>uesting court

(pplicable rules ofprocedure are those of

the foreign courtre>uested to act

6esorted to ifpermission of theforeign countr# is

given

6esorted to if thee"ecution of the

commission is refused inthe foreign countr#

;eave of court is notnecessar#

;eave of court isnecessar#

Section 1. otion to ter&inate or-i&it ea&ination.

A" E !ILED*

1. an# time during the taing of thedeposition

%. on motion or petition of an#part# or of the deponent$ or

&. upon showing that thee"amination is conducted in !

a. bad faithb. in such manner as

unreasonabl# to anno#,embarrass, or oppressthe deponent or part#

RULE 05DEPOSITIONS E!ORE ACTION OR

PENDING APPEAL

:epositions under this 6ule are alsotaen conditionall#, to be used at thetrial onl# in case the deponent is notavailable.

:epositions under this 6ule do not provethe e"istence of an# right and thetestimon# perpetuated is not in itselfconclusive proof, either of the e"istence

of an# right nor even of the facts towhich the# relate, as it can becontroverted at the trial in the samemanner as though no perpetuation oftestimon# was ever had. Eowever, in theabsence of an# ob/ection to its taing,and even if the deponent did not testif#at the hearing, the perpetuatedtestimon# constitutes prima 'a#ie proofof facts referred to in the deposition.

Section +. Use o' de/osition.

*f deposition is taen under this 6ule, itma# be used in an# action involving theS(=5 SU345C =(56 subse>uentl#

brought.

Section B. De/ositions /ending a//ea-.Sec. 7 is the procedure in perpetuatingtestimon# (56 4U:2=5A *A E5 6Cand :U6*A2 E5 D5A:5ACK 0 (A(DD5(;.

RULE 0%INTERROGATORIES TO PARTIES

DU6D0S5 of


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issues are not #et /oined and thedisputed facts are not #et clear,when more than one set ofinterrogatories is to be served.

( /udgment b# default ma# be renderedagainst a part# who fails to answerwritten interrogatories

0nl# one set of interrogatories b# thesame part# is allowed. ;eave of court isnecessar# for succeeding sets ofinterrogatories.

Section +. E''ect o' 'ai-,re to serveritten interrogatories.

6ule %+ and 6ule % are directed to thepart# who fails and refuses to 65S06 tothe discover# procedures, and should notbe confused with the provisions of 6ule%9 which provides for sanctions or otherconse>uences upon a part# who refusesor fails to C0=D;K with discover#procedures dul# availed of b# opponent.

he /ustification for this provision is that

the part# in need of relevant factshaving foregone the opportunit# toin>uire into the same from the otherpart# through means available to him, heshould not thereafter be permitted toundul# burden the latter with courtroomappearances or other cumbersomeprocesses.

Unless a part# had been served writteninterrogatories, he ma# not becompelled b# the adverse part#!

1. to give testimon# in open court,

or%. give a deposition pending

appeal.

he onl# ece/tion is when the courtallows it for 200: C(US5 shown and toprevent a failure of /ustice.

De/ositions U/on;ritten

Interrogatories toParties ,nder R,-e

03 Sec. 0%

Interrogatories toParties ,nder R,-e

0%

(s to :eponentDart# or ordinar#

witness

(s to :eponentpart# onl#

(s to Drocedure


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in detail the reasons wh# he cannottruthfull# admit or den# those mattersmust be filed and served upon the part#re>uesting the admission.

Section 3. E''ect o' ad&ission.US5! (n admission under this section isfor the purpose of the pending actiononl# and cannot be used in otherproceedings.

he part# who fails or refuses to re>uestthe admission of facts in >uestion isprevented from thereafter presentingevidence thereon UA;5SS otherwiseallowed b# the court 7Sec.%8.

RULE 0BPRODUCTION OR INSPECTION O!

DOCUENTS OR T2INGS

Droduction of documents affords moreopportunit# for discover# than asubpoena duces tecum because in thelatter, the documents are brought to thecourt for the first time on the date ofthe scheduled trial wherein suchdocuments are re>uired to be produced.

he TEST to be applied in determiningthe relevanc# of the document and thesufficienc# of their description is one ofreasonableness and practicalit#.

PRODUCTION ORINSPECTION O!DOCUENTS OR

T2INGS

SUPOENA DUCESTECU

5ssentiall# a mode ofdiscover#

means of compellingproduction of evidence

he 6ules is limited tothe parties to the

action

ma# be directed to aperson whether a

part# or nothe order under this6ule is issued onl#upon motion with

notice to the adversepart#

ma# be issued upon ane" parte application.

RULE 0P2"SICAL AND ENTAL E$AINATION

O! PERSONS

he &enta- condition of a part# is incontrovers# in proceedings for2U(6:*(ASE*D over an imbecile orinsane person, while the /6)sica-condition of the part# is generall#involved in DEKS*C(; *A4U6*5S cases.

Since the results of the e"amination areintended to be made public, the sameare not covered b# the ph#sician-patientprivilege.

Section 5. ;aiver o' /rivi-ege.

uences are!1. he has to furnish the other part#a cop# of the report of an#previous or subse>uente"amination of the sameph#sical and mental condition,(A:

%. he waives an# privilege he ma#have in that action or an# otherinvolving the same controvers#regarding the testimon# of an#other person who has soe"amined him or ma# thereafter

e"amine him.

RULE 0=RE!USAL TO COPL" ;IT2 ODES O!

DISCOVER"

SANCTIONS1. Contempt$%. Da#ment of reasonable fees$&. he matters regarding which the

>uestions were ased, characteror description of land et al., betaen to be in accordance with

the claim of part# obtaining theorder$

?. Drohibition on the refusing part#to produce evidence or supportor oppose designated claims ordefenses$

+. Striing out pleadings, order thedismissal of the action or sta#the action until compliance or torender /udgment b# default.

. 0rder the arrest of the refusingpart# e"cept in cases of ph#sicalor mental e"amination.




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RULE 3TRIAL

TRIAL @ /udicial process of investigatingand determining the legal controversiesstarting with the production of evidenceb# the plaintiff and ending with hisclosing arguments.

GENERAL RULE* when an issue e"ists,trial is necessar#. :ecision should not bemade without trial.

E$CEPTIONS* when there ma# be/udgment without trial!

1. 4udgment on the Dleading

'6ule &?%. Summar# 4udgment '6ule &+&. 4udgment on Compromise?. 4udgment b# Confession+. :ismissal with Dre/udice

'6ule 17

Section 3. Re9,isites o' &otion to/ost/one tria- 'or a(sence o' evidence.

here must be an affidavit showing!1. materialit# or relevance of such

evidence$ and

%. due diligence in procuring it.

*f the adverse part# admits the facts forwhich evidence is to be presented, thetrial will not be postponed.

Section5.

Re9,isites

o'

&otion to /ost/one tria- 'or i--ness o'/art) or co,nse-.here must be an affidavit or sworncertification showing!

1. presence of part# or counsel atthe trial is indispensable$ and

%. character of his illness is such asto render his non-attendancee"cusable.

Section %. Order o' tria- ,n-essdirected () t6e co,rt.

Unless the court for special reasonsotherwise directs, the trial shall belimited to the issues stated in the pre-

trial order.

Section +. Agreed state&ents o' 'acts.his is nown as S*DU;(*0A 0 (CSand is among the purposes of a pre-trial.

he parties ma# also stipulate verball# inopen court. Such stipulations are bindingunless relief therefrom is permitted b#the court on good cause shown, such aserror or fraud.

3ut counsel cannot stipulate on what

their respective 5)*:5AC5 consists ofand as that /udgment be rendered onthe basis of such stipulation.

Stipulations of facts are not permitted inactions for (AAU;=5A 0 =(66*(25and for ;52(; S5D(6(*0A.

Section . S,s/ension o' actions.Art. 03 o' t6e Civi- Code. 5ver# civilaction or proceeding shall be suspended

1. *f willingness to discuss apossible compromise is



Dlaintiff presentsevidence

:efendant presentsevidence tosupport his

defenseJcounterclaimJcrossclaimJ

third part#complaint

:efendant filesdemurrer to

evidence

hirdpart#

defendantpresents

eidence, ifan#

*f courtgrants

motion!6endersdismisal

*f courtdeniesmotion!

Continueswith

hearing

6ebuttal5vidence b#

Darties(fter

Dresentation ofevidence!

oral argumentssubmission of

memorandaDECISION


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e"pressed b# one or bothparties$ or

%. *f it appears that one of theparties, before thecommencement of the action orproceeding, offered to discuss apossible compromise but theother part# refused the offer.

Section =. 4,dge to receive evidence final consideration anddetermination b# a court of the rights ofthe parties, upon matters submitted to itin an action or proceeding.

he date of finalit# of the /udgment orfinal order shall be deemed to be thedate of its entr#.

RE#UISITES O! A 4UDGENT*1. *t should be in writing, personall#

and directl# prepared b# the /udge%. =ust state clearl# and distinctl# thefacts and the law on which it isbased

&. *t should contain a dispositive partand should be signed b# the /udgeand filed with the cler of court.

PROULGATION- the process b# which adecision is published, officiall#announced, made nown to the public ordelivered to the cler of court for filing,coupled with notice to the parties or

their counsel.

EORANDU DECISION- a decision ofthe appellate court which adopts thefindings and the conclusion of the trialcourt.4UDICIAL COPROISE

( /udgment based on a

compromise which has the forceof law and is conclusive betweenparties.

Aot appealable.

A 4UDGENT is considered RENDEREDUpon filing of the signed decision. hisincludes an amended decision becausean amended decision is a distinct andseparate /udgment and must follow theestablished procedural rule.

he power to amend a /udgment isinherent to the court before /udgmentbecomes final and e"ecutor#.

(fter /udgment has become e"ecutor#,the court cannot amend the same

E$CEPT*1. o mae corrections of

clerical errors, notsubstantial amendments, asb# an amendment nnc 45otnc.

%. o clarif# an ambiguit# whichis borne out b# and/ustifiable in the conte"t ofthe decision.

&. *n /udgments for support,which can alwa#s beamended from time to time.

ANNER O! ATTACFING 4UDGENTS*

1. Direct attac@a. before finalit#

1. motion for new trial orreconsideration$

%. appealb. after finalit#

1. relief from /udgment, rule&8

%. annulment of /udgment, 6ule5B.

0.Co--atera- attac@

PROULGATION O!4UDGENT



Court 6enders :ecision

iling appeal within

1+J&I da#s fromnotice of /udgment

*f no appeal istaen or didnot avail ofremedies,/udgment

becomes finaland e"ecutor#

Courtmaintainsdecision

Court grants motion!1.modifies decision$ or%.grants new trial

;osing part# ma#appeal within theremaining period

;osing Dart#


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Section 5. Severa- :,dg&ents.Several /udgment is proper where theliabilit# of each part# is clearl#separable and distinct from his co-parties such that the claims against eachof them could have been the sub/ect ofseparate suits, and the /udgment for oragainst one of them will not necessaril#affect the other.

( several /udgment is A0 proper inactions against solidar# debtors.

Section +. Se/arate 4,dg&entsDroper when more than one claim forrelief is presented in an action and adetermination as to the issues materialto the claim has been made. he actionshall proceed as to the remainingclaims.4,dg&ent N/NC PRO T/NC 'literall#means Bnow for then

rendered to enter or record such/udgment as has been formerl#rendered but has not beenentered as thus rendered

its onl# function is to record

some act of the court which wasdone at a former time, butwhich was not then recorded, inorder to mae the record speathe truth, without an# changesin substance or an# materialrespect.

4,dg&ent ,/on Agree&ent orCo&/ro&ise( compromise agreement between theparties to a case on which the decisionof the court was based has upon theparties the effect and authorit# of res/udicata. *t is immediatel# e"ecutor#.

4,dg&ent () Con'ession4udgment upon confession is one whichis rendered against a part# upon hispetition or consent. *t usuall# happens

when the defendant appears in court and

confesses the right of the plaintiff to/udgment or files a pleading e"pressl#agreeing to the plaintiffs demand.

To @inds o' :,dg&ent () con'ession1. ( /udgment b# COGNOVIT

ACTIONE@ here, the defendantafter service instead of enteringa plea, acnowledged andconfessed that the plaintiffscause of action was /ust andrightful.

%. ( /udgment () CON!ESSIONRELICTA VERI!ICATIONE @ afterpleading and before trial, thedefendant both confessed the

plaintiffs cause of action andwithdrew or abandoned his pleaor other allegations, whereupon/udgment was entere against himwithout proceeding to trial.

4,dg&ent ,/on

Co&/ro&ise

4,dg&ent ()

Con'essionhe provisions and

terms are settled andagreed upon b# the

parties to the action,and which is enteredin the record b# theconsent of the court.

(n affirmative andvoluntar# act of thedefendant himself.

he court e"ercises acertain amount of

supervision over theentr# of /udgment.

C-ari'icator) 4,dg&entrendered b# the court, upon motion,when a /udgment previousl# rendered isambiguous and difficult to compl# with.

AENDED ORCLARI!IED4UDGENT

SUPPLEENTALDECISION

*t is an entirel# newdecision and

supersedes theoriginal /udgment

:oes not tae theplace of or e"tinguishthe original /udgment

Court maes athorough stud# of theoriginal /udgment and

renders the amended

Serves to bolster oradd to the original

/udgment




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and clarified /udgmentonl# after considering

all the factual andlegal issues

RULE 3BNE; TRIAL OR RECONSIDERATION

(n order den#ing a motion for new trialis not a//ea-a(-e.

NE; TRIAL - the rehearing of a casealread# decided b# the court but beforethe /udgment rendered thereon becomes

final and e"ecutor#, whereb# errors oflaw or irregularities are e"punged fromthe record, or new evidence isintroduced, or both steps are taen.P,r/ose* to set aside the /udgment orfinal order and grant a new trial.

;2EN to 'i-e*within period for taingappeal.

;2ERE to 'i-e* with the trial courtwhich rendered the >uestioned/udgment.

OTION !OR A NE;TRIAL

OTION !ORRECONSIDERATION

he grounds are! fraud,accident, mistae or

e"cusable negligence ornewl# discovered

evidence which couldnot, with reasonable

diligence, havediscovered and producedat the trial, and which if

presented would

probabl# alter the result

he grounds are! thedamages awarded are

e"cessive, that theevidence is insufficientto /ustif# the decisionor final order, or thatthe decision or finalorder is contrar# to

law.

Second motion ma# beallowed

Second motion fromsame part# is

prohibited

*f a new trial is granted

the trial court will setaside the /udgment or

final order

if the court finds that

e"cessive damageshave been awarded orthat the /udgment orfinal order is contrar#to the evidence or law,

it ma# amend such/udgment or final order

accordingl#

RE#UISITES 'or NE;L">DISCOVEREDEVIDENCE

1. =ust have been discovered after

trial%. Could not have been discoveredand produced at the trial

&. *f presented, would alter theresult of the action

?. 0therwise it is called06205A 5)*:5AC5 .

( motion suspends or tolls the running ofthe reglementar# period for appeale"cept when the same is pro-forma.

PRO>!ORA OTION > when it does not

compl# with 6ule 1+ and 6ule &7, e.g. itdoes not point out specificall# thefindings or conclusions of the /udgmentas are contrar# to law, maing e"pressreference to the testimonial ordocumentar# evidence or to theprovisions of law alleged to be contrar#to such findings or conclusions, and ismerel# intended to dela# theproceedings 06 if there is no affidavit ofmerit.

Section +. E''ect o' granting o' &otion

'or ne tria-


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TRIAL REOPENING O! T2ETRIAL

Specificall#mentioned in the

6ules

Aot mentioned in the6ules but is

nevertheless arecogniFed procedural

recourse or devicederiving validit# andacceptance from long

established usageA05! *t is actuall#

mentioned in the 6ulesof Criminal Drocedure

Droper onl# afterpromulgation of

/udgment

=a# properl# bepresented onl# aftereither or both the

parties have formall#offered and closed

their evidence before/udgment

3ased upon specificgrounds set forth

under 6ule &7 in civilcases and 6ule 1%1 in

criminal cases

Controlled b# no otherrule than the

paramount interests of/ustice, resting entirel#on the sound discretion

of a trial court, thee"ercise of which

discretion will not bereviewed on appeal

UA;5SS a clear abusethereof is shown

OTION !OR RECONSIDERATION

P,r/ose* o reconsider or amend/udgment or final order;2EN to 'i-e*within period for taing anappeal

;2ERE to 'i-e* with the trial courtwhich rendered the /udgment or finalorder sought to be reconsidered

RULE 3RELIE! !RO 4UDGENTS ORDERS OR

OT2ER PROCEEDINGS

REEDIES AGAINST !INAL ANDE$ECUTOR" 4UDGENTS OR ORDERS

1. Detition for 6elief from4udgment '6ule &8

%. (nnulment of /udgments or finalorders or resolutions '6ule ?7 onthe ground of!o 5"trinsic fraud, to be filed

within ? #ears from thediscover# of the fraud$

o ;ac of /urisdiction, before

it is barred b# laches orestoppel

&. :irect or collateral attacagainst a void or voidable/udgmento :*65C ((CH @ when the

validit# of the /udgmentitself is the main issue of theaction, a petition for#ertiorari and action toannul /udgment on theground of e"trinsic fraud orlac of /urisdiction

o C0;;(56(; ((CH @ if the

/udgment can be resisted in

an# other action in which itis involved.

RULE 3B RULE 3(vailable 35065

/udgment becomesfinal and e"ecutor#

(vailable (56/udgment has becomefinal and e"ecutor#

(pplies to4

Documents

CivProc Memo Aid.doc