NOTES IN CIVIL PROCEDURE Both.

That is why Philippine courts are courts of

∞ 2AA, 2014-2015 ∞ justice. When you say justice, you do not only
make a decision strictly based on the law. But you
What is judicial power? should also apply fairness. There should be equity
Judicial power is not merely a power, it is a duty. in justice. When a constitution define judicial
The duty of the courts of justice to settle actual power, it is the duty of courts of justice because
controversies involving rights which are legally Philippine courts are both courts of law and
demandable or meaning legal rights, not merely equity.
moral rights.
What do you mean by the principle of hierarchy of
When we say actual controversies, what does that courts?
mean? So the doctrine of hierarchy of courts mean it is a
Already ripe for adjudication and not merely policy lay down by the supreme court that there
speculative or contingent conflicts. should be no direct invocation of the supreme
court’s authority if the parties can obtain relief
Where is judicial power vested within our from lower courts. If the municipal trial court or
jurisdiction? the regional trial court can provide you with a
Before the supreme court and such other lower relief that you are seeking then go first before the
courts as may be established by law. regional trial court or the municipal trial court.
And what is the reason for this policy of
What are Sharia Courts? hierarchy. Kasi sabi ng supreme court, their time
They are courts which resolved or has jurisdiction is precious. Which should only be devoted to
on the personal and family laws of our Muslim important cases. And also the other reason is to
brothers. prevent delay because the case will be remanded
to the lower court if case is brought directly to
Are they part of the judicial system of our supreme court.
jurisdiction? Are they included in those lower
courts? Is the policy on the observance of the hierarchy of
Yes they are part of our judicial system. courts an iron clad rule?
It could be relaxed only by the supreme court and
Can you give example of a court of general not by the lower courts. Because it is only the
jurisdiction? supreme court who has rule making power.
The only court which has general jurisdiction in
our judicial system is the regional trial court. What could be the reason which could warrant the
relaxation?
Can you give me an example of court of special Transcendental importance or One that should be
jurisdiction? addressed immediately by the supreme court.
Annulment of marriage, legal separation, violence But remember class that the special and
against women and children, criminal cases important reason for the direct invocation of the
wherein either the offender or the offended party supreme courts’ authority must be clearly and
is a minor. specifically set forth and alleged in the petition.
Because this disregard to its principle of hierarchy
Is Sandiganbayan a court of special jurisdiction? of courts would result to the outright dismissal of
Yes in a sense with regard to plunder, cases a petition.
involving corruption, anti-graft and corrupt
practices act involving public officers or driving What is civil procedure?
parties in conspiracy. It is a mean or a method for the enforcement of
the substantive rights in judicial proceeding to
Is CTA a court of special jurisdiction? resolve disputes between two private parties. The
Yes because the court of tax appeals determines or purpose is to enforce private rights. This
resolves the cases pertaining to taxation. 8.32 distinguishes it from a criminal procedure. In a
criminal case, the title is people vs juan dela cruz.
It is between the state and between the accused.
Are Philippine courts Courts of Law or Courts of But in civil cases, it is between two persons,
Equity? private individuals, for the enforcement of a
private right.
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 Kami followers lng kung ano utos ni supreme
We are speaking here of procedural rules. The court. Because the lower courts have no rule
rules of court are body of rules governing making powers.
pleading, practice of law and procedure. So it is
not merely procedure but also practice of law. Let us say for example may pending case ako
ngaunbefore the regional trial court of manila.
Who promulgates the rules of court? Ngayon may decision na, talo ako. So under the
The supreme court. present rules, I can appeal the decision within 15
days from notice of the decision. Ngaun naglabas
What is the basis of authority of the supreme ang supreme court ng amendments to the rules of
court in promulgating the rules of procedure? court. 10 days na lang and appeal period. Sabi
It is the constitution. The supreme court is natin the rules can apply retroactively, do you
granted a rule making power under the think that the new appeal period will apply to my
constitution. pending case?
It is the 15 day period. And the new rule should
Do the rules of court have the force and effect of not be retroactive effect because it would impair
law? my right to appeal. Eh halimbawa 15 days lang
YES, there are consequences when violated. It is ngaun, tas ang new rule ng supreme court ay 30
body of rules that are governing pleading, practice days. So alin ang magaapply sa kin? The 30 days,
and procedure. kasi its more favourable. So you would only apply
the retroactive application of the procedural rules
How do you distinguish remedial law from if it will not impair vested rights or when the rule
substantive law? itself provides.
So substantive law define, creates and regulates
the rights.. pag naviolate yung substantive law, What is jurisdiction?
how would you enforce the rights. And the method Power to hear and decide the case, it ends there?
that will be used for the reinforcement of those Halimbawa nag file ako ng kaso, nagdecision ang
rights, procedural or remedial law. korte, tapos na yung jurisdiction ng korte? Nanalo
ako, sabi ng korte, the defendant should pay me
Can the rules of procedure be given retroactive P100m, nareceive ko ung decision ko, does it end
effectivity or application? there? Up to the time of finality and execution of
So as a rule, procedural law may be given the judgement rendered by the case. Jurisdiction
retroactive application. Halimbawa nga may is the power or authority to try, take cognisance,
pending case tayo, so naghehearing na dito sa hear, decide case and enforce the decision. That is
trial court. Nagcreate ngayon ang supreme court the range of jurisdiction.
ng mga special courts. Tas sabi ng supreme court,
yung mga special cases na ito, yung mga value of How would you distinguish, jurisdiction itself or
the property amounting to P1m and above, para the authority of the court, from the court’s
madali, ililipat sa isang regional trial court, same exercise of jurisdiction?
jurisdiction pero ifafast track. Kahit sa mga Let us say an action to declare the nullity of a
pending cases applicable, hindi lang sa mga marriage, filed before a family court. KAsi yung
future cases that you’ll file. naman yung may special jurisdiction. Nagdesicion
yung judge, denying the action. The nullity of the
Why do you think that procedural law can be marriage. When the judge decided, assuming
given retroactive application? Under the rules of nagkamali sya, decision was erroneous, he should
court, how are the rules of court construed? have granted the declaration of nullity, does it
Liberally! Paano kayo, naviolate yung right niyo, divest him the court of jurisdiction over the case?
mahihirapan pa kayo bago kayo makapag file ng So the court still has jurisdiction but the
kaso. Ang daming technicalities. That’s why the correctness of the decision is an exercise of that
supreme court now is always thinking of ideas on jurisdiction. So that is the distinction between
how to should be conductedexpeditiously. Kaya jurisdiction or the authority itself and the exercise
merong mediation, judicial dispute resolution, of jurisdiction.
speedy trial, jail decongestion. The supreme court
will do that, because the rules of court should In an action for ejectment which the supreme
constructed liberally. But I tell you, who could court has exclusive jurisdiction? Can you file it
only relax the rule? It is only the supreme court. before the regional trial court?
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No, kaya nga exclusive dapat sa MTC mo lang by law. What law? Anong statute? That is batas
ififile. Because if you file it before the regional pambansa bilang 129. That is the judiciary
trial court, it will be dismissed for lack of reorganization act 1980. PB 129 has been
jurisdiction. modified and amended by the supreme court
issuances because of the law making body. But
What do you concurrent jurisdiction? the law which confirms jurisdiction still remains
All of them can exercise jurisdiction and take to be batas pambansa bilang 129.
cognizance of the action.If you will notice, the
regional trial court, the court of appeals, and the And what do you mean by subject matter?
supreme court, they have concurrent jurisdictions The controversy itself.
in some cases. But it does not mean that I can go
directly to the supreme court. We should observe How do you acquire jurisdiction over the person?
the hierarchy of courts. So kung ikaw yung plaintiff dahil nagfile ka ng
complaint, automatic you gave yourself to the
Primary jurisdiction what does that mean? jurisdiction of the court. The moment that you
Well basically, the doctrine of Primary jurisdiction commence an action, and you file a compalint, the
is applied in a certain case or issue, requires for court has already applied jurisdiction over the
its resolution, the expertise or specialized training person.
of an administrative agency or a quasi-judicial
body. In that case, the court has to refrain from How about the person of the defendant?
resolving the case and refer it back to a quasi- Summons. It issues summons in order for the
judicial body. And the objective is to guide the defendant to know that there is a file against him
court in determining whether it should continue and he needs to answer. So jurisdiction over the
with hearing the case or refrain from exercising defendant acquired through service of summons
jurisdiction until after the administrative agency and voluntary appearance.
has determined some questions requiring his
expertise. Halimbawa may issue dun sa mga Jurisdiction over the res how is jurisdiction
cellphone use. Nagfile ng TRO sa korte, or nagfile acquired?
ng kasong injuction sa korte, eh ano alam ng korte Seizure of the property under litigation or putting
dun sa mga load nayan. They will rely on the it under custodial legis through writ of
expertise of the national telecommunication preliminary attachment.
commission. So the court has to give way and let
the NTC resolve the issue first before the court Jurisdiction over the subject matter is concurred
takes cognizance of the case. by law. Can it be agreed upon or stipulated within
the parties?
Dun ba sa primary jurisdiction, walang authority No. if the court has no jurisdiction on the subject
ang court to decide? Meron, ang RTC nga court of matter and the court proceeded in hearing the
general jurisdiction but does the court have case, can it be questioned? Even on appeal, can it
expertise? Lalo na sa accounting, yung mga be questioned?
napaka technical or tungkol sa shipping. Because Yes. Raise lack of jurisdiction. And jurisdiction
the factual determinations of this administrative over the subject matter is determined by the
agency, may weight yan. In order to guide the allegations in the complaint. It is not affected, or
court in resolving the case. So that is the doctrine it is not dependent on the defenses set up by the
of primary jurisdiction. defendant in the answer. Otherwise, it will be
dependent on the caprice of the defendant.
In determining the jurisdiction in civil cases, is So we said that jurisdiction over the subject
territoriality relevant? Is it an element of a matter is concurred by law, cannot be waived,
jurisdiction, that territory? cannot be stipulated by the parties, it can be
No! questioned at any stage of the proceedings, but in
How about in a criminal case? the case of TIJAM vs. SIBONGHAYON, the SC
Yes. applied the principle of estoppel by laches. The
issue of lack of jurisdiction was questioned before
What determines jurisdiction over the subject the court of appeals.What happened in that case
matter? that the supreme court relaxed the rules. Ano ba
The subject of the litigation or the controversy. nangyari dun? Magkano ba yung amount na
Jurisdiction over the subject matter is concurred pinagaawayan nila? P1,900 lang and during that
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time, ang may jurisdiction nun is the MTC. So ang nagfile, tapos nung nanalo sya ook pero nung
RTC ang nag take cognizance of the action which natatalo sya, nagtatake na sya ng inconsistent
should have been the MTC. So on those stages, position na walang jurisdiction ang court.
during the trial in RTC, at habang naka apila,
hindi kinuquestion ang jurisdiction ng RTC. But It is important for the court and for the parties to
what made the supreme court relax the rules in know what is the nature of the action. Because
this case? Sabi nga ni supreme court, ngayon mo that would determine whether jurisdiction over
lang ni-raise yan in 15 years after decision was the person defendant is absolutely necessary or
rendered. So that is an exceptional circumstance. not. What are the kinds of action? What is an
Nung nanalo ka ndi mo kinequestion pero ngaun action in rem?
natalo ka tsaka mo kiniwestion after 15 years It is enforeceable against the whole world. It is
nagun ka lang nagising. And remember that against the thing itself, not the owner, not the
TIJAM-SIBONGHANOY doctrine is not the person in possession. Example is nullity of
general rule. It is the exception. You only apply in marriage, because it involves the status of a
highly exceptional cases. And the application is by person. It should be recognized by the whole
reason based on public policy. The supreme court world. Another is non-registration and citizenship.
has reiterated this in 2014 Atty. Cudiamat vs
Batangas Savings and Loan association. In that What is an action in personam?
case, the supreme court discussed the application So it is an action or a proceeding to
or operation of estoppel on question of jurisdiction enforcepersonal rights against a particular person
which seemingly defends on whether the lower because it be the basis of personal line activity.
court actually has jurisdiction or not in that case. Example is damages, sum of money. How about
To give you an overview, if the trial court has no an action for a specific performance? It is an
jurisdiction at all, but the court tried and decided action in personam kasi sya yung nagbreach ng
the case upon the theory that it has jurisdiction. obligation, eh di siya yung liable. How about
Then all the proceedings will be void, even if all ejectment in action, is it an action per rem or in
the parties participated in the action. And any of personam. It is an action in personam kasi di mo
the parties can assail the lack of jurisdiction at pwede idamay ung mga kapitbahay sa ejectment.
any stage of the proceedings. Kasi wala tlgang You cannot enforce it against the whole world.
jurisdiction. Jurisdiction must exist as a matter of
law. This is substantive and may not concurred by What is an action quasi in rem?
the consent of the parties. For example, sabi natin Let us say I owe you P100m, and as security for
ang ejectment, RTC lang talaga. Nag trial and my loan, I executed a real estate mortgage, so
decision. That decision is void can be questioned yung lupa ko ginawa kong collateral. Pag hindi
even on appeal. ako nakabayad, yan lang ibebenta mo to settle my
obligation. Hindi nga ako nakabayad, so you have
Di ba ang sabi natin, the regional trial court is a two options. Its either singilin mo ako magbayad
court of general proceedings. Dun sa TIJAM vs. ako P1m, or kung wala ka masingil sa akin,
SIBINGHAYON, kaya nagging ganun ang ibenta mo yung lupa ko to cover the amount of
decision ng supreme court, yung amount was loan. In an action to forclose the mortgage, is that
P1,900, dapat sa MTC, pero ang RTC mas malaki an action in rem, personam or quasi rem? Quasi
ung jurisdictional amount. Pero ang MTC, it rem! Because although I am named as the
cannot go beyond the amount na nasa jurisdiction defendant, kasi may personal obligation ako sayo,
nila. pag hindi ako nakabayd, yung property ko ang
pwede mo habulin. The res ang magbbayad ng
Ngayon di ba sa MTC magkano? P300k to P400k. lupang ito.
More than that RTC na, but it doesn’t mean that The importance in distinguishing all these
RTC, hindi na siya pwede magbigay ng mas actions, that this is relevant in determining
mababa dun. Tulad ng sa Sibonghanoy, ung RTC whether or not a jurisdiction over the person is
tinake cognizance nya kahit below the amount. So required. In an action in rem, is jurisdiction over
now according to the case of Atty. Cudiamat, if the the person of defendant absolute?
court had nojurisdiction, and then the case was Hindi kasi bakit mo hahabulin. Like land
heard upon the theory that it has jurisdiction, the registration? Kailangan ba lage andun yung
party who invoked the jurisdiction cannot be defendants? Kahit hindi sila dumating, pwede
permitted later on to take an inconsistent naman i-annotate yung registration niyo sa RD .
position. Eh di ba nung sa Sibinghanoy, sya ung Declaration of nullity, foreigner and a Filipina,
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kailangan ba maka acquire ng jurisdiction over ka SC. Eh madami na naman civil service cases,
the foreigner para sa kaso, otherwise walang sabi ng SC, dun muna kayo dumaan sa CA.
mangyayari, magtatago na lang ang respondents.
The only purpose of giving summons to Does the SC concur jurisdiction with CA and
defendants in an action in rem is to inform them RTC? Yes, but still observe hierarchy of courts.
for due process but not for jurisdiction. Kaya Kaya petition for habeaus corpus, RTC muna
pwede magkarron ng decision kahit di nagkaroon finafile. If it involves minors, it will be filed with
ng jurisdiction over the foreigner husband or wife. family court. If it involves barangay officials, san
It will be based on the evidence presented by the ififile? Na-modify yan, pwede na din sa municipal
spouse. trial courts.

If it is an action in personam, jurisdiction over the Meron bang appellate jurisdiction ang supreme
person of defendant is mandatory kasi sya court? And what cases are those? In criminal
magbabayad eh. In quasi rem, jurisdiction is cases? Pag life imprisonment or reclusion
really not necessary. Kasi andun naman yung res. perpetua, notice of appeal from RTC to SC. Kung
may death penalty, automatic review and di na
Can congress legislate or amend the jurisdiction of kailangan magfile ng appeal. But now, there is an
the supreme court? intermediate review. As decided in the case of
No. pag ginawal nila yun, it needs a constitutional People vs. Mateo intermediate review is
amendment. Very clear in the constitution that necessary. So ngayon, pag life imprisonment or
although the congress can increase the appellate reclusion perpetua, ang notice of appeal mo, sa CA
jurisdiction of the SC, it has to be with the na, from RTC. Pag inaffirm ng CA, magnonotice of
concurrence of the SC. Pero yung lower courts, appeals sa SC. So 3 layers na.
congress can legislate their jurisdiction. Best
example is BP129. If you would notice, the RTC has an appellate
jurisdiction on cases over constitutionality of tax,
We say that jurisdiction over the subject matter, laws and jurisdictional questions , provided that it
is confirmed by law. So by congress. Ang involves questions of facts. If no factual question,
jurisdiction ng supreme court, if you would notice jurisdiction lies with SC.
sa bp 129, walang nakalagay dyan na jurisdiction
ng supreme court. What is the basis of the
supreme court’s jurisdiction? It is the constitution. JURISDICTION OF RTC
Notes in Jurisdiction
So Ang supreme court lang ang pwedeng mag What are the cases under the exclusive and
issue ng writ of certiorari sa CA. Di pwedeng original jurisdiction of RTC?
RTC? SUBJECT MATTER OF AN ACTION WHICH IS
The supreme court can issue writ of certiorari or NOT CAPABLE OF PECUNIARY ESTIMATION.
take cognizance of petition for certiorari or
mandamus against the ombudsman in criminal What does that mean?
and non administrative cases. If it involves It cannot be given a specific valuation in amount
administrative disciplinary cases, by the of money.
ombudsman, it is not covered by the supreme
court. What court has jurisdiction? It is the court The SC has laid down a criteria in determining if
of appeals. So you must distinguish that. the action is capable of pecuniary estimation, in
Tatandaan niyo, hindi exclusive jurisdiction yung the case of Genesis Investment vs. Heirs of
civil service commission, unlike COA and Ceferino Ebarasabal.
Comelec. If there is a decision by NLRC, san kayo
mag aappeal? Sa CA. By what petition? By In that case what was the ruling? What are these
petition for certiorari. Hindi ka dederecho sa SC. criteria?
Dati kasi puro SC, eh ang dami. Ang ginawa ng Well in the case of genesis investment, SC said
SC, gumawa ng administrative order. Hindi na that in determining whether an action is capable
dederecho sa SC, although concurrent, CA na. of pecuniary estimation, the 1st criterion is to
And this has been the same with case St. Martin determine or ascertain the nature of the principal
Funeral Homes vs. NLRC. Civil service action or the relief sought. If it is primarily for the
commission, ganun din. Dati from CSC, derercho
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recovery of sum of money the jurisdiction will actions because it involves, title or possession or
depend on the amount. any interest to real property.

However where the basic issue is something other Now, so the ultimate objective here of the plaintiff
than the right to recover a sum of money where is to recover possession or title over real property,
the money claim is purely incidental or only as a so jurisdiction will depend on what?
consequence of the principal relief sought then the On the amount of the property.
subject of litigation cannot be estimated in terms
of money therefore cognizable by the RTC. ALL CIVIL ACTIONS IONVOLVING
PERSONAL PROPERTIES WHICH VALUE
Illustration: Let us say for example you want to EXCEEDS 300,000 or 400,000 IF WITHIN
buy an iphone 6 and Mr. Villanueva offered you METRO MANILA
dahil may kamaganak sya sa Amerika so mas
mura ang iphone 6. Let us say 40,000 so sabi mo So personal actions involving personal property
kay Mr. Villanueva eto yung bayad sabi nya Oo the jurisdictional amount, kotse, alahas furnitures
sige basta dumating papadala ko sayo, papalitan so remember the jurisdictional amount.
k lang ng dollar to bibigay ko na s kamaganak ko.
Sabi ni Mr. Villanueva, next week, pero dumating What if the action is for the collection of a sum of
na ang next week wala parin kaya sabi mo, anu money in the amount of 300,000 in batangas?
ba Mr. Villanueva lalabas na yung iphone 7 eh di It is cognizable in first level courts.
mo pa binibigay ang iphone 6.
Manila, 1,000,000?
So you are now contemplating of filing a case. You RTC
filed an action for specific performance with
damages. Moral damages because of sleepless ACTIONS IN ADMIRALTY AND MARITIME
nights thinking of that iphone 6. And you are also JURISDICTION WHICH VALUE EXCEEDS
asking for the money that you gave. 300,000 or 400,000 IF WITHIN METRO MANILA

Is your action capable of pecuniary estimation? Cases involving admiralty or

No. maritime,jurisdiction under maritime law. Yung
claim ng mga seaman, insurance, breach of
What is the principal action? contract. RTC yan, in dollars, minimum
Specific performance, damages is only incidental. kalahating milyon ang mga claim ng seaman pag
Yung binayad mong 40,000 is just a consequence nagkaruon ng injury in dollars yan.
of the principal relief sought. Ideliver nya at
bayaran nya ng damages, so it is not capable of ALL OTHER CASES NOT COGNIZABLE BY
pecuniary estimation. LOWER COURTS.

What if ang cause of action ay gusto mo nalang That is why the RTC is called court of general
mabalik yung pera mo, so you filed an action to jurisdiction for example action for easement and
collect the amount of money you paid which is right of way enforcement of easement of light and
40,000, in that case that is capable of pecuniary view hindi naman papasok sa SC sa MTC, san mo
estimation. ilalagay?
RTC
ACTIONS INVOLVING TITLE OR POSSESSION
OF REAL PROPERTY OR THE INTEREST How about settlement of estate? And probate
THEREIN WHERE THE ASSESSED VALUE proceedings? RTC ba?
EXCEEDS 20,000, OR IN METRO MANILA Yes but there is qualification to amount.
50,000 EXCEPT UNLAWFUL DETAINER AND Exceeding 300,000 s outside manila 400,000 in
FORCIBLE ENTRY. Manila.

So this is not on the nature of the action but on So what are the amounts you need to memorize?
the amount to be recovered. Pag real property, 20,000 and 50,000
Any other actions personal actions money 300,
So 20,000 and below sa MTC, more than 20k RTC 000 and 400,000 yun lang yun.
or 50k MTC more than 50k RTC this are real
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Now, does the RTC have concurrent jurisdiction action publiciana na yun recovery of possession di
with the other courts? na papasok sa forcible entry eh kung 40,000 ang
Yes. Those listed in the outline, babalikan din value eh di MTC parin.
naman natin yan as we go along.
Inclusion and exclusion of voters is this within the
Does the RTC have appellate jurisdiction? jurisdiction of the MTC?
Yes mam, all cases coming from MTC. All cases Yes, exclusive, halimbawa si Ms. Villaruel
from MTC cannot be directly appealed in the CA nagparehistro s manila eh di naman pala sya tiga
much less the SC, it must go to the hierarchy of maynila, sa QC naman pala. Action for exlusion
courts. sa MTC sya.

In the outline indicated also are the jurisdiction of

family courts, family courts are regional trial REVISED RULES ON SUMMARY
courts also. Designated as family courts. Special
commercial courts are also RTC.
PROCEDURE

Well yung family court declaration of nullity of

marriage adoption, VAWC, in criminal cases What courts does the Revised Rules on Summary
where the offender or offended is a minor. procedure apply?
In MTC, MTC in cities, MCTC and Metropolitan
Special commercial courts they have jurisdiction Trial Courts.
over intra corporate disputes any cases
commercial in nature. This rule is in line with the constitutional
mandate with the SC to promulgate rules to
Environmental courts are also RTC. simplify an inexpensive, and speedy disposition of
cases. Very clear in the constitution, the rule-
making power of the SC.
JURISDICTION OF MTC What are the civil cases that are covered by the
rules on summary procedure?
1. Cases involving forcible entry and
What are the cases within the jurisdiction of the unlawful detainer irrespective of the
first level courts? amount of damages or unpaid rentals to
Unlawful detainer or forcible entry. Exclusive be recovered.
jurisdiction yan ng MTC, you cannot file an 2. All other civil cases except probate
ejectment case for the first time sa RTC. proceedings where the amount involved
is not exceeding 100,000 outside metro
Kunwari you filed an ejectment action before the manila and 200,000 in manila.
RTC and the RTC acted on it. What is the
consequence of that? So ejectment cases are covered by the Summary
The decision is null and void for want of Procedure.
jurisdiction.
I filed an action for ejectment against Ms. Nieva
What else are under the jurisdiction of MTC? sa MTC sa manila kunware, but I am claiming 15
In a personal action those which actions claiming million of unpaid rentals is it within the
for personal property, for the recovery of an jurisdiction of MTC of Manila or RTC?
amount valued at any not exceeding 300k or 400k. Still with MTC because it shall apply to ejectment
cases irrespective of the amount of damages or
What if the real property involved here in metro unpaid rentals sought to be recovered.
Manila is 40,000 (kung meron pa), and you want
to file an action for recovery of that real property My claim is for example, specific performance for
where will you file? the delivery of let us say a personal computer or
If its recovery of possession, and the dispossession laptop with damages equivalent to or with
has not lasted more than one year MTC. Forcible interest at the time of filing of extrajudicial
entry and unlawful detainer, irrespective of the demand meaning at the time of demand to deliver.
amount, but if more than 1 year na dispossession
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The value of the laptop is let us say for example There are pleadings that are prohibited, one of
here in Manila 200,000. which is motion to dismiss, is there an absolute
prohibition on the filing of motion to dismiss?
Will it be covered by the rules? No, in exceptional cases:
No, because the action involved is not capable of 1. Lack of jurisdiction
pecuniary estimation. RTC has jurisdiction. 2. Failure to refer to barangay conciliation

Let us say that the action is for collection of sum I would like to point out, section 18 of the rules on
of money in the amount of 200,000 pesos will it be summary procedure.
covered?
Yes it will be covered Sec. 18. Referral to Lupon. — Cases requiring
referral to the Lupon for conciliation under the
Will this not overlap the rules on small claims, provisions of Presidential Decree No. 1508 where
kasi sa rule on small claims 100,000. We will there is no showing of compliance with such
discuss it later to determine kng may overlapping requirement, shall be dismissed without prejudice
ba. (No overlapping) and may be revived only after such requirement
shall have been complied with. This provision
What are the only pleadings allowed? shall not apply to criminal cases where the
1. Complaints accused was arrested without a warrant.
2. Compulsory counter-claims
3. Cross-claims Yung 1508, local government code na yan yung
4. Answer katarungang pambarangay law.

Is there a trial conducted under the rules of There can be a motion to dismiss filed for failure
summary procedure? to refer it to lupon under the Katarungan
No. Pambarangay Law, the court will dismiss the
case without prejudice and under section 18 the
If there is no trial what is the basis of the court in case may be revived if there is now compliance.
rendering judgment?
The position papers submitted including the The use of the word REVIVE there is not correct
affidavits. as enunciated by the SC in Bañares vs. Balising.

Let us say upon filing of the complaint it is The order of the court to dismiss the case is final.
covered by the rules on summary procedure, may KP requires that there are cases which must be
the court out rightly dismiss the complaint? first referred to the lupon non compliance will
Yes. result to dismissal of the case. Invocation of non
compliance shall be done in the earliest time
possible, such tha,t if a final order has been
On what ground? rendered one must raise the issue of non
Any of the grounds under motion to dismiss under compliance within the reglementary period before
Rule 16. finality of the decision.

What if the court does not dismiss it? Even if the dismissal is without prejudice wala na
Court may issue summons to the defendants. yan, sa out na yan di na active case sa docket ng
court. What is there to revive if there is no more
Within how many days will the defendant have in case to speak of?
order to file an answer?
Within 10 days after service of summon. SC said that the remedy is to refile, refiling of the
case because there is compliance to referral
What if the defendant does not file an answer? already to Lupon but not to revive.
What is the consequence?
The court may render judgment based on the Ang consequence nito, filing fees ulit, magbabayad
plaintiffs affidavit and complaint. ka.

If you dismiss the cases it is already out of the

docket of the courts, di n yan nirereport sa SC
8|Page
tapos pag irerevive we will be subjected to No. Because there is specific performance. In
administrative case. small claims kasi it must refer only to payment
and reimbursement.

Kunware dinala nya sa carshop yung kotse nya,

RULES ON SMALL CLAIMS nung kinuha na, may gasgas na sa gilid eh nung
pinasok yun walang gasgas. Estimated damages
80,000. Nagkaso si Ms. Nieva to pay her 80k plus
Before what court is this applicable? interest or to fix the car. Can it be covered?
1st level courts.
No, because it must be purely for the
What actions, or what is the amount that will be reimbursement of money eh ditto may specific
covered by the rules on small claims? performance din to fix the car.
100,000 Exclusive of interest and cost. Ang point
of reference lang ay yung main action. Kunware nagkabangaan so may gastos s damage
can it be covered? Damage kunware 50,000.
What actions will the rule on Small claims apply? Yes.
1. All actions which are purely civil in nature
where the claim is for the payment or Pag sinamahan m ng negligence imprudence?
reimbursement . Hindi na pwede.
2. Civil aspect of criminal cases filed prior to
the filing of a criminal action or is There are also pleadings not allowed, same also sa
reserved upon the institution of the pleadings sa rules on summary procedure.
criminal action.
Ms. Nieva gusto m magfile ng action for small
So if the civil action or aspect of the criminal claims kasi ang utang lang sayo 50,000 how would
action is impliedly instituted like BP 22 can it be you commence the action.
covered?
No, its beyond the coverage of Rule on Small It is commenced by the filing a complaint which is
claims. done by filling up a form. Fill up nalng sa form,
fill in the blanks which must be verified, what
Under Section 4 of Rules on Small Claims. must be attached? If the claim is based on an
actionable document then of course the document
SEC. 4. Applicability.—The Metropolitan Trial dapat.
Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit What is actionable document?
Trial Courts shall apply this Rule in all actions Document evidencing an act establishing a right
which are: (a) purely civil in nature where the or obligation as appearing in the instrument.
claim or relief prayed for by the plaintiff is solely
for payment or reimbursement of sum of money, Kunware nagpautang ka 50k, nagexecute
and (b) the civil aspect of criminal actions, either promissory note. Ayun ang actionable document
filed before the institution of the criminal action, yung promisory note. On the part of the defendant
or reserved upon the filing of the criminal action filing a response, actionable document may also be
in court, pursuant to Rule 111 of the Revised attached kunware nagbayd ka na you can attach
Rules Of Criminal Procedure. the receipt and it need not be notarized.

Let us say for example bumili ng iphone 6, 40K di Do you need a lawyer here?
naman binigay. Idinemanda ni Ms. Nieva si Mr. No lawyers are allowed during the hearings.
Villanueva ang cause of action ni Ms. Nieva is for
Mr Villanueva to return to him the 40,000 that What is the nature of the proceeding?
she gave or to deliver an iphone 6 ayun ang Not trial type, informal.
nakalagay s complaint nya.
How are issues resolved if there is no trial?
Can it be covered? In the form of settlement or compromise. JDR.
Parang baranggayan. Para makareach ng

9|Page
compromise. Hearing is conducted only 1 day, Is barangay conciliation part of our judicial
postponement allowed minsan lang. system?
Yes, it is an alternative mode dispute resolution.
What is the effect if the plaintiff fails to appear in Kaya nga in certain cases no direct filing sa court.
the hearing?
It will be dismissed without prejudice. How are proceedings initiated in the barangay?
Orally or in writing a party may file his claim to
What if it is the defendant who failed to appear? the Barangay Chairman.
The court will render judgment based on the
complaint and the attached documents. Under the rules may payment ng filing fees hindi
naman nasusunod yan and in practive class yung
What if both parties failed to appear? Secretary o kaya yung tanod yung akala mo
Then judgment will be based on the submitted chairman. Yung punong barangay will summon
claims and answers. and it is the punong barangay who will mediate.

Eh panu po pag nagpautang ay yung lawyer? Eh What if the dispute is not resolved before the
panu pag lawyer nangutang d nmn nagbayad? punong barangay?
Eh di you need to attend you have the personality If it is not resolved within 15 days, the lupon
to attend there. chairman shall set the constitution of the Pangkat
tagapamayapa. There will be a panel who will
There is a decision rendered by MTC, ang resolve it through mediation and conciliation.
desisyon na ito ay based on agreement of the
parties aaprubahan lang ng korte. Are lawyers allowed?
No unless ikaw ang nirereklamo or nagrereklamo.
Is the decision appealable?
The decision is not appealable. Eh kung With respect to this party, are all persons natural
magaapela ka pa eh di regular case mo nalang or juridical allowed to be parties under Barangay
yan, immediately executory sana yan kayo naman conciliation?
nagagree nyan eh. No, only natural persons.

It is not appealable, however the SC made an Are all disputes subject of settlement before the
exemption where the agreements partakes of a barangay conciliation?
compromise, pwede paring petition for certiorari No. Pero kung 100 million yan, eh kung kaya
rule 65 if there is grave abuse of discretion. naman isettle s barangay eh di mas maigi. There
is no really legal prohibition.
Kung 100k covered ng rule on summary procedure
db opag outside metro manila. Eh sa small claims What are the mandatory exceptions?
pag 100k eh small claim yan the point is, if it is Panu pag public officer nangutang pero di
purely money claim small claims, other civil cases nagbayad, yung public officer apply only when the
rules on summary procedure if the amount is dispute relates to the performance of official
100k or 200k. functions.
1. In criminal cases, those which the penalty
is more than P500 or which involves
KATARUNGAN PAMBARANGAY LAW imprisonment of more than 1 year
2. Involving public officers
3. Government, subdivision, or
Is the lupon ng tagapamayapa a court? Is there instrumentality
such a thing as a barangay court? 4. No private offended party
No. 5. Residents of different cities or
municipalities
In the proceedings before the barangay how are 6. Real properties located in different cities
disputes resolved? or municipalities
In an informal manner, parang ADR yan. It is not 7. Violation of the Violation Against Women
a judicial proceeding. and Children law

10 | P a g e
And such other disputes as the President may Let us say there is no motion to dismiss filed on
determine in the interest of justice upon the the ground for failure to refer the case first in
recommendation of the SOJ. May time pa kaya si barangay conciliation.
Pnoy? Wala na dami iniisip nyan.
The court proceeded with the case, can the
Let us say that the two of you reside in the same defendant later on say that the court lack
barangay nagutangan kayo, hindi nagbayad isang jurisdiction because the plaintiff failed to refer the
milyon. Before you file an action in court do you case first for barangay conciliation?
need to go first to barangay conciliation? No, it is deemed waived. Because it was not
Yes, it is a condition precedent kahit magkano pa seasonably raised. It can be waived, and it is not
yan walang jurisdictional amount basta jurisdictional, and if the defendant did not file a
magkabarangay kahit mansion or kahit buong motion to dismiss based on that ground the court
subdivision. can continue with the proceeding and the court is
not divested of jurisdiction.
What if both of you are resident of different
barangay but within the city of manila same facts, If the parties agree so sa barangay nagkasundo
do you need to go through barangay conciliation? na, sige po sabi nya s chairman na bayaran
Yes. nalang sya 10k.

What if the issue involved in the dispute is a real What should be the form of settlement so that it
property to what barangay should refer the case? would be valid?
In the barangay, where the real property is It must be in writing signed by both parties, and
located. attested by the Lupon.

Si Ryan at Jaysan nagaway, si jaysan kasi Does it have the effect of a final judgment?
nangutang hindi nagbayad kay ryan. Before ryan Yes.
could file an action in court for collection of sum of
money, does it need to go through and file a
complaint in the barangay?
Yes. Workplace, and dispute between persons Can it be executed?
arising from the workplace. Yes. After 10 days could be executed, who will
execute it?
Magkaklase, ui bili m naman muna ko starbucks
tatlo para dire derecho na aral ko, mamaya ko na The Lupon papaexecute sa mga barangay tanod.
babayaran. Naubos na yung tatlong starbucks di
ka pa nababayran, eh magkano ba yung What of di pinansin yung tanod? It was not
starbucks? 150? Pwede ba magbarangayan? Yung executed what is the remedy?
magkaklase sa UST. The party can go to court to compel the other
party to comply.
Yes dispute may still be at the workplace or the
institution in where such parties are enrolled for What court?
study. MTC.

Local Government Code. SECTION. 409. Venue. Yung Katarungan Pambarangay di lang
(d) Those arising at the workplace where the applicable sa MTC, sa RTC din kasi may cases
contending parties are employed or at the naman nasa jurisdiction ng RTC but needs to go
institution where such parties are enrolled for through barangay conciliation. Recovery of
ownership a parcel of land for example
Let us say that a case is covered is covered by the magkapitbahay kayo. It must go to barangay
barangay conciliation but the plaintiff did not go conciliation and it must be alleged. Kunware
through the barangay conciliation, and directed nakita ni judge eh magkapitbahay pala tapos
the filing of the action in court, what is the effect? walang certification to file an action kasi hindi
The court may dismiss the action for prematurity, pala dumaan sa barangay, pwedeng idismiss.
failure to comply a condition precedent. There
must be a motion filed by the adverse party. So dapat ialledge na nagbarangay conciliation
nagfail eto meron certificate to file an action.
11 | P a g e
 effective unless disapproved by the Supreme
Court.
RULES OF COURT
RULE 1
Who has the power to promulgate rules of
procedure? The rule shall govern what kind of actions?
The Supreme Court Civil action, criminal action and special
proceedings.
Does the power to promulgate rules concerning
pleading, practice, and procedure is it shared by What is civil action?
the SC with Congress? A civil action is one by which a party sues another
No. for the enforcement or protection of a right, or the
prevention or redress of a wrong.
Can congress alter the rules of court?
No. A civil action may either be ordinary or special.
Both are governed by the rules for ordinary civil
Before class during Marcos time kasi si marcos actions, subject to the specific rules prescribed for
one man team yan sya presidente hawak pa a special civil action.
batasan pambansa kaya nga may PD sya on his
own gumagawa yan ng batas di na dadaan sa
batasan. In his own writing. But now we have 3
branches of government which are really working.
What is a criminal action?
Under Section 2 rule 1 an sabi “These Rules shall A criminal action is one by which the State
apply in all the courts, except as otherwise prosecutes a person for an act or omission
provided by the Supreme Court.” punishable by law.

BUT In the constitution although the SC has a What is a special proceeding?

rule making power, what are the limitations A special proceeding is a remedy by which a party
imposed by the Constitution? seeks to establish a status, a right, or a particular
fact
1. Must not diminish increase or modify
substantive rights. Kunware change of name or correction of entry sa
birth certificate.
Kunware sabi ng SC only pleading allowed is
complaint no more answer, it deprives due process What are the cases wherein the rules of court
and; shall not apply?
These Rules shall not apply to election cases, land
2. The SC should provide a simplified and registration, cadastral, naturalization and
inexpensive procedure for the speedy insolvency proceedings, and other cases not herein
disposition of cases. provided for, except by analogy or in a suppletory
character and whenever practicable and
Art. VII. Sec. 5. Par. 5. Of the Constitution. convenient.
Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, Rules may apply by analogy in registration of
practice, and procedure in all courts, the land. If there is an incident in a land registration
admission to the practice of law, the integrated or naturalization case or election suppletorily the
bar, and legal assistance to the under-privileged. ROC may be applied.
Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition How should the rules of court be construed?
of cases, shall be uniform for all courts of the same It shall be liberally construed in order to promote
grade, and shall not diminish, increase, or modify their objective of securing a just, speedy and
substantive rights. Rules of procedure of special inexpensive disposition of every action and
courts and quasi-judicial bodies shall remain proceeding.
12 | P a g e
Is this the general rule? In every case where there In Sun Insurance relaxation of rules while the
is no compliance to the rules, let us relax the rules case of Ballatan summarized and clarified when
nalang? will there be strict application, relaxation or
No, the ROC is intended to facilitate delivery of liberal application. Our premise is, a case is
justice. Kaya nga may rules for orderly deemed filed only upon payment of
proceeding. It should be followed for orderly CORRECT/PROPER docket fees.
administration of justice.
What is the situation in the Manchester Case?
When may the Rules be relaxed? “Hindi tayo magmumove on kung di natin alam to
In the interest of substantial justice technical payment of docket fees”.
rules should yield yan ang laging sinasabi but
only for the most persuasive reasons to relieve a In the Manchester case the lawyer has the
litigant from injustice. In the absence of a intention to defraud the court because in the
compelling reason to warrant relaxation and prayer he did not specify the amount but in the
liberal interpretation of the procedural rules the body of the complaint nandun yung amount. So
rules of court must be followed strictly. na-under asses ang docket fees dahil ang basis
naman talaga ay yung prayer. The same
Under the rules the defendant should file an happened in Magaspi case.
answer within 15 days after receipt of the
complaint, that is mandatory if the defendant During that time sunod sunod tong kasong to eh
fails, default. Strict yan eh yun pala namatay Manchester, Magaspi Sun insurance and
yung lawyer o namatayan sila, naospital so he can Ballatan. Nagpaimbestiga ang SC bakit ang baba
file a motion to admit answer because of most ng docket fees e millions naman ang mga claims.
compelling reason. Subject to the discretion of the Impassing kasi di nilalagay sa prayer, place the
court, pero kung natraffic eh hindi naman amount being claim not only in the body but also
katanggap tanggap yan. in the prayer. Strict dapat!

How is civil action commenced? Sa Sun Insurance nagrelax bakit?

A civil action is commenced by the filing of the Because there is original complaint nagammend
original complaint in court. If an additional ng dalawang beses bayad din ng bayad din ng
defendant is impleaded in a later pleading, the docket fees, there was intention to pay correct
action is commenced with regard to him on the docket fees no intention really to defraud the
dated of the filing of such later pleading, government. The SC despite of the insufficiency of
irrespective of whether the motion for its payment the court acquired jurisdiction. Where
admission, if necessary, is denied by the court. the filing of the original complaint is not
accompanied by a docket fee the court may allow
Remember this class: by the filing of ORIGINAL the party to pay within a reasonable time
COMPLAINT kasi baka mamaya ay amended provided it is within the prescriptive and
complaint lang pala yun or counterclaim. reglementary period.

Is that the only act that would commence the Halimbawa nagfile ng ejectment case before MTC
action? hindi ako nakapogbayad or kulang ang filing fees
There must also be payment of the prescribed Court may give me time to pay. Specific
docket fees. This two must concur. performance 1k lang naman yan eh kung claim for
damages ay 100 million so ang ginagawa ko ay
What is the consequence if there is no payment of ipapa-asses ko sa clerk of court and will give
filing fees? plaintiff 3 days to pay pag di naqkabayad
Court will have no jurisdiction. didismiss ko na.

With respect to payment of docket fees I assigned Now, dun s ejectment halimbawa nagfile within 1
to you cases Manchester, Sun Insurance and year eh ngayun last day to file the action di ako
Ballatan. nagbayad ng docket fees eh sabi s sun light within
reasonable time naman db? Yes tutuo naman pero
Manchester case is strict application; non dapat within reglementary period din!
payment of docket fees court has no jurisdiction
13 | P a g e
In the case of Ballatan SC synthesize the rules on
payment of docket fees. So let us say for example that you are renting a
condo to Mr. Magsombol and Mr. Magsombol
To have our discussion of the commencement of a failed to pay the rentals.
civil action, I told you to read the case of Ballatan
is it not? And in Ballatan, the Supreme Court Do you have a cause of action against Mr.
clarified and synthesized the rules on Magsombol?
commencement of an action by filing the Yes. There is a contract of lease between the
complaint and payment of the prescribed docket parties and you have a legal right to demand
fees. payment.

What are the rules set in the case of Ballatan? Did he violate your right or the contract by reason
In the case of Ballatan, the rules set are as of the non-payment?
follows: Yes.
1. Upon filing of the complaint, the proper docket
fees must be paid. So the court will acquire Where you damaged or injured by the non-
jurisdiction over the action only upon the payment of rentals?
concurrence of these two requisites. Yes, of course.
2. In case of failure to pay the docket fees, the So all the elements of a cause of action is there. So
court may give the party a reasonable time to pay you have a cause of action.
the docket fees provided it is within the
prescriptive period of filing the action. How many complaint will you file now?
3. if there are unspecified claims, the Only one.
determination of which may arise after the filing
of the complaint or subject to the determination of And what could be your cause of action or your
the court, any award by the court shall be a lien complaint?
on the judgment award. An action for specific performance and damages.
So those are the rules laid down by Ballatan.
We now proceed to Rule 2. What if you want him to vacate the property and
at the same time to pay?
What is the basis of every ordinary civil action? Unlawful detainer is the cause of action.
Every ordinary civil action must be based on a Now we entered into a contract for you to deliver
cause of action. to me 100 laptops. I already paid you the total
amount of P5 million but you failed to deliver the
What is a cause of action? laptop. You asked for 30 days extension but still
A cause of action is an act or omission by which a failed.
party violates a right of another.
Do I have a cause of action against you and what
What are the elements of a cause of action? complaint may I file against you?
1. There must be a legal right. Yes, there is a cause of action, specific
2. There is a correlative obligation on the part of performance plus damages. But you should file
the other party to respect that right. only one complaint.
3. There is an act or omission that violates that Let us say I filed an action for specific
right. performance for you to deliver the 100 laptops
before the RTC of Manila and damages for the
What is the basic rule in the filing of an action as same cause of action before the RTC of Makati.
provided for in Sec 3 of Rule 2?
There must be only one suit for a single cause of Am I guilty of splitting a single cause of action?
action. You cannot institute more than one suit for Yes.
a single cause of action. So as a consequence, the Same example as the rent to Mr. Magsombol. You
splitting of a single cause of action is prohibited. went abroad. When you came back, the title to
condo was already transferred to Mr. Magsombol
What do you mean by splitting a single cause of and he is still occupying the condo unit.
action?
The act of filing two or more suits for a single
cause of action.
14 | P a g e
Do you have a cause of action against Mr.
Magsombol and what are the cases that you can So what is the rule on joinder of causes of action?
file against him? As a rule may a party join as many causes of
Yes there is a cause of action. One is an action for action as against an opposing party in the
reconveyance of the title or to nullify the title. alternative or otherwise?
Obviously it was obtained through fraud. And the Yes, that is the rule.
other is an action for ejectment provided that the I am the plaintiff, you are the defendant. I want to
dispossession is within the one year period. file a case against you for specific performance
So the reconveyance of title, the jurisdiction is because you failed to deliver the 100 laptops. We
with the RTC. have another contract, a contract of loan, you
failed to pay me P1 million. I repaired your car
Can you lump in one complaint the ejectment and you failed to pay me P50 thousand. So all in
action? all, you have P6 million and P50k obligation.
No. You cannot because the ejectment case lies
with the jurisdiction of the MTC. So can I join all these causes of action in a single
complaint as against you?
Is this not a splitting of a single cause of action? Yes. Under the Rules, nakalagay nga na "as many
No. Here there are two causes of action. One is for causes of action even if the causes of action did
the dispossession and the other is for ownership. not arise from the same transaction or incident as
Different issues. long as there is only one plaintiff and one
defendant".
What if the dispossession lasted for more than one
year? Where will you file? Pano ko malalaman nung Judge ung mga yon e
RTC. halo halo na yun?
Madali lang, First cause of action... Second cause
In that case, will you file separate actions? One of action...
for recovery of title and one for recovery of So the rule is, if there is only one plaintiff and one
possession? defendant, a party may join as many causes of
The causes of action may be joined. action even if they arise from different
transactions or incidents in one complaint, in the
In that case, will it be splitting a single cause of alternative or otherwise.
action if you file them separately?
No because in the first place, you would like to Ano ba ung alternative?
nullify the title but at the same time, pag Pag hindi ka makapagdeliver ng 100 laptops,
nanullify ung title hindi naman automatic na bayaran mo ako ng P5 million.
ibibigay sayo yung property. It ends there. So you One plaintiff, one defendant. Because in that case,
still have to file an action for recovery of walang problema e. There are no other parties
possession. But it could be joined. involved.

What would be the effect if two complaints were The complication will now set in if there are
filed for one single cause of action? several parties.
The other one may be dismissed.
What are now the conditions?
On what ground? The rules on joinder of parties must be complied.
Based on either lis pendens or res judicata. Under Sec 6 of Rule 3.

What is lis pendens and res judicata? What are the conditions in the joinder of parties?
Lis pendens is when there is a pending litigation 1. The causes of action arose from the same
and res judicata is when the case has already transaction or series of transactions and that they
been decided. involve the same questions of law and fact.
2. Does not involve a special civil action.
Is the joinder of the causes of action compulsory or 3. If the causes of action falls within different
merely permissive? jurisdictions, it could be within the jurisdiction of
Joinder of causes of action is merely permissive. the RTC as long as one of the causes of action is
Sabi nga sa Section 5, a party MAY, in one within the jurisdiction of the RTC.
pleading, assert.
15 | P a g e
1st condition: Same transaction or series of The next condition: Does not involve a special civil
transaction. action.

This has been discussed in the case of Flores vs. In an action for reconveyance of title, can you in
Mallare. This is the landmark case on joinder of one complaint join an action for unlawful
causes of action and joinder of parties. What is the detainer?
ruling of the Supreme Court? No. Reconveyance of title is covered by ordinary
According to the Supreme Court, there was no civil actions. An ejectment is covered by summary
proper joinder of parties because Flores tried to rules of procedure and a special civil action. So
join two separate persons with two different debts. you cannot join them in a single complaint
According to the SC, it did not comply with the because the special civil action of ejectment is
requisite of joinder of parties because the causes governed by different rules.
of action did not arise from the same transaction Next condition: If the causes of action falls within
or series of transactions and did not involve the different jurisdictions, it could be within the
same question of law and fact. jurisdiction of the RTC as long as one of the
Doon, iisa lang ang plaintiff but there were two causes of action is within the jurisdiction of the
defendants and the obligation of the two RTC.
defendants did not arise from the same
transaction. Magkaiba ung pagkakautang nung So for example yung kanina, laptop P5 million,
dalawa dba. And walang series of connected utang na P1 million, at repair na P50k.
transactions. Yung 5M, sa RTC. Yung 1M, sa RTC. Yung 50k,
Let us say that A is riding a taxi. The taxi is being sa MTC.
driven by Mr. Villaroel. The taxi is owned by Ms. These actions can be joined. Yung 50k pwede kong
Balingasa. Nakabanggaan ng taxi ang jeep. Yung dalhin sa RTC.
jeep dinadrive mo. Yung owner ng jeep si Ms. Lu.
Yung pasahero nainjured. Baligtarin natin, if I filed the action before the
MTC for the recovery of the 50k, can I join the
May cause of action ba yung pasahero? others?
Of course. No. It would violate the rules on jurisdiction. Well
kung ipipilit ko na ijoin ko, the court could only
Anong pwedeng action? give me as much as 400k, and I waive the
Civil case, damages. remaining balance. So kaya RTC.

May cause of action ba sya sa jeepney driver? Sa What is the totality principle?
owner ng jeepney? Sa driver ng taxi? Sa owner ng When you join several causes of action, the
taxi? accumulated sum of the values stated in the
Yes. action will be the basis of jurisdiction.
In the case of Flores, totality rule ang inapply dun
Yung passenger, pwede ba syang magfile ng ng plaintiff.
separate complaints against the four?
Yes. There are separate causes of action. Sa taxi, What was the decision of the SC in saying that
contract of common passenger. Sa owner, totality rule cannot apply?
vicarious liability. Sa jeepney, quasi. The totallity rule cannot apply because there was
no proper joinder of parties. Ang totality rule is
Can all these causes of action be joined in one really applicable only when there is one plaintiff
complaint? Did it comply with the rules on joinder and one defendant. Pero if you have several
of parties? parties involved, you do not outrightly apply the
Yes. It involves the same incident and common totality rule. First you must determine if they
question of law and fact. Issue lang naman dyan arose from the same or series of transactions or is
is who is liable, who is negligent. there a common question of law or facts.
Dagdagan pa natin. Yung taxi nakainsure yan
saka yung jeepney. What is the effect if there was misjoinder of
causes of action?
Can the surety be joined in the same complaint? It is not a ground for the dismissal of an action.
Yes. What is the remedy kung yung isang action
misjoined?
16 | P a g e
The action may be severed. Yes.
Halimbawa, yung isang action is for specific
performance and then sinamahan mo ng partition So can the State be a party to a civil action as a
which is a special civil action. You will not dismiss rule?
pareho kasi may jurisdiction naman ang court e, The State can only be a party to a suit with its
what you do is just sever it. consent. We have a principle of state immunity
from suit.
And the severance can be done without motion?
Yes it can be done motu proprio or upon motion. How is consent given?
Consent may be given expressly or impliedly.
If there was misjoinder of causes action and there
was no objection on the opposing party?
There is a waiver and the court will continue in Who else are the juridical persons under Art 44?
the proceeding. Magiging komplikado nga lang Private corporations, partnerships, local
yan. governments.
Let us say that A B and C are siblings. Their
parents are already dead. So sila ung legal heirs What are the entities authorized by law?
of their parents. While their father was alive, he Estates of decease persons, legitimate labor
gave a parcel of land to A. B and C, magkakampi, organizations, Catholic Church and Iglesia ni
naiwan ichepwera, now wants to receive the Kristo, dissolved corporation.
donation. So they would like to file a case for
rescission of the donation. At the same time, they What do you mean by capacity to sue?
want to partition the estate of their father. It is the general ability to sue.

So one is a special civil action and the other is an If the plaintiff is a minor or insane person, what is
ordinary civil action, can they be joined? the remedy of the defendant?
No. He can file a motion to dismiss on the lack of legal
So ang ginawa ni B and C, they filed one capacity to sue.
complaint, rescission of donation with partition.
Hindi nagobject si A. Personality to sue, is this the same with capacity
to sue?
What is the effect of A's failure to object? Is there No. In personality to sue, the question is whether
misjoinder of causes of action? or not a party is a real party in interest. A party
Misjoined because they are governed by different may be of legal age but he is not a real party in
rules. A's failure to object amounted to waiver. interest.
The court will continue. And who is a real party in interest?
Who may be parties to a civil action? A real party in interest is a party who stands to be
Natural persons, juridical persons or entities benefitted or injured by the judgement of the
authorized by law. court.

What are the two main categories of parties to a What kind of interest must a person have to be
civil action? considered as a real party to attach?
The plaintiff and the defendant. The interest must be substantial or material and
not merely contingent.
Who is the plaintiff and who is the defendant?
The plaintiff is the claiming party or the person The case of Salonga is the basis of the definition of
who originally filed a complaint. The defendant is Section 2 or the definition of a real party in
the party who sought to answer the plaintiff. interest. In this case, was the action filed against
a real party in interest?
Under Art 44 of the Civil Code, who are juridical No, the action was not filed against a real party in
persons? interest because the defendant here was merely
Juridical persons are those persons created by an insurance agent of the principal. An agent of a
law. principal is not a real party in interest.

Is the State a juridical person? Different Who are the personalities involved?
departments of the govt?
17 | P a g e
Warner Barnes is the insurance agent here in the We are under community of property, kailangan
Philippines, Westchester is the principal in New ba isama yung husband?
York, the consignor is Senator Salonga and Yes. Under Sec 4, spouses must be sued jointly.
Gamboa is the one who contracted with
Westchester. What is the substantive basis of this rule?
Spouses are co-owners and co-administrators of
So the plaintiff here should have sued who? the community property. Pag naenforce yung
Westchester. The agent, Warner Barnes, is not 500k na utang, maapektuhan dun ay community
privy to the insurance thus it is not a real party in property namin ng husband ko. That is why my
interest. So the determination of who the real husband should be impleaded.
party in interest is requires going back to the
elements of a cause of action. Who has the legal What if I have exclusive property na pinamana
right, who violated the right, who was injured or sakin and it is clearly specified that it is my
damaged. exclusive property, sinanla ko. Hindi ako
nakabayad. In the action against me, should my
What is legal standing or locus standi? husband be impleaded?
It is the authority to bring an action. No because the property solely belongs to you.

Distinguish locus standi from real party in Can minors sue or be sued?
interest. Minors can sue and be sued provided they are
Locus standi is the authority, real party in assisted by the parents, guardians or there be
interest is the one who may either be benefitted or none, by a guardian ad litem. Ad meaning during.
injured. Litem meaning litigation.

A party can be injured or benefitted but it doesn't What are the requisites for permissive joinder of
mean that he has a legal standing to bring the parties?
action. Locus standi has a consitutional 1. Cause of action must arise from the same or
underpinnings. You are questioning a series of transactions
governmental action or issuance of the govt but a 2. Must involve the same questions of law or fact
real party in interest, are you benefitting or 3. Such joinder is not prohibited by the provisions
injured by reason of private acts or contracts or on jurisdiction
enforcement of private right. When we say series of transaction, that would
mean separate deals or dealings but they must be
Representative as party? connected with the same type of subject matter of
A person files a suit in behalf of another. the suit.
It is important that the principal must still be How then would you distinguish joinder of causes
impleaded or named in the action so as for the of action and joinder of parties?
court and the defendant to determine that the In joinder of causes of actions, the causes of action
action is being prosecuted by a representative. is joined. In joinder of parties, it is the number of
parties that is joined.
Ako meron akong credit card, so ginagamit ko
yun. Meron akong supplemental, so yung husband When there is joinder of causes of actions, will it
ko at ako isa lang ung credit card namin which we entail joinder of parties? And vice-versa?
use in case of emergencies. So may credit card No.
ako, pangalan ko, nangutang ako ng nangutang
inabot ng 500k. HIndi ako nakabayad, may A cause of action must be brought by a real party
demand letter na ung bangko. Kinasuhan ako ng in interest. What are the classes of real party in
bangko, hindi inimplead yung asawa ko. In that interest?
case, is there an infirmity in the naming of parties 1. indispensable parties
in the action. 2. necessary parties
3. representative parties
Generally, spouses must be sued or sue jointly.
But there are instances where the the spouses Who is an indispensable party?
may sue or be sued separately such as when the A party who must be impleaded otherwise the
property regime is a separation of property. judgment cannot attain finality.

18 | P a g e
In the case of Lucman vs. Malawi, what was the
issue? Distinguish an indispensable party from
The issue is whether the barangay chairmen are necessary party.
real party in interest. An indispensable party should always be
The barangay chairmen were not the real party in impleaded. If a necessary party is not joined, the
interest but the barangay as a local government case may still proceed and shall not be void
unit because who will be affected if the IRAs are without prejudice to the rights that may still be
not release? It is the constituents not the enforced by the said necessary party who is not
individual chairment. joined.
Mr. Balamiento sold a parcel of land to you, Mr.
What is the effect of the non-joinder of an Doctor and Ms. Balingasa. He executed a deed of
indispensable party? absolute sale sa inyong tatlo. Nagbago isip ni Mr.
The case can be dismissed. Balamiento, "ang intention ko is isasanla ko lang".
But prior to that, ikaw at si Ms. Balingasa, you
Outright? already sold your share to me. So gusto ngayon
No. The plaintiff may be given time to implead the ipareform ni Mr. Balamiento yung instrument. So
indispensable party. he filed a complaint for the reformation of
instrument and at the same time, an action for
Whose primary responsibility is it to implead an annulment of the second sale.
indispensable party?
Plaintiff. Pwede ba joinder of causes of action? Ung isa
reformation, yung isa annulment.
Let us say, yung mag-asawa, hindi naimplead Yes. Same transaction or series of transaction
yung asawa. Can the court outrightly dismiss the that is connected.
case on the ground of non-joinder of an
indispensable party? In both actions, who are the indispensable
No. It is the duty of the court to see to it that parties?
indispensable parties are joined. Judge Q and Mr. Doctor. Because Ms. Dilla and
Ms. Balingasa no longer has an interest in the
On its own, can the court order the plaintiff to join action when they sold their share to Judge Q. But
an indispensable party? they are necessary parties to settle all the possible
Yes, it can motu proprio or upon motion. issues.
Umutang si Ms. Dilla ng 5M from Mr. Cruz. Si
For example, the husbdand was not joined. The Mr. Balamiento umutang ka ng 10M kay Mr.
court cannot outrightly dismiss the complaint. Cruz. But your obligation is joint. The two did not
The court ordered the plaintiff to join the husband pay. Mr. Cruz filed a case against Mr. Balamiento
within 3 days. The plaintiff still failed to join, for the entire obligation of 15M under the joint
what is the consequence? obligation. Should Ms. Dilla be impleaded in the
The complaint can be dismissed. action? What class of party?
What if the indispensable party was not joined, Yes. As a necessary party.
hindi napansin ng court. Or none of the parties
moved to implead an indipensable party and the Why necessary party only?
court continued with the trial and rendered a Since the obligation is joint, Mr. Cruz can only
decision. obtain 10M from Mr. Balamiento. And to obtain
complete relief, he must impleade Ms. Dilla for
What is the status of the proceeding and the the 5M.
decision?
The proceeding and decision shall be void. What if the obligation is solidary and Mr. Cruz
Kung nasa abroad ang husband, gumawa ng SPA. only filed a case against Mr. Balamiento. Is there
Except nalang kung legally separated or a need to implead Ms. Dilla? As an indispensable
inabandona nung husband yung wife. or necessary party?
No. In a solidary obligation, complete relief may
Who is a necessary party? already be obtained from one of the defendants
A party who is not indispensable party but who thus it is not necessary to implead the other
ought to have been impleaded to have a complete defendant. Mr. Cruz may obtain the whole
determination or relief. amount of 15M from Mr. Balamiento.
19 | P a g e
 A suit brought by one or more persons on behalf of
Si Mr. Balamiento nalang yung sisingil kay Ms. several others.
Dilla ng 5M.
What are the requisites of a valid class suit?
A necessary party may or may not be joined in the 1. The subject matter must be of common or
action. It is the call of the plaintiff. If the plaintiff general interest. It must be emphasized that it is
does not want to implead a necessary party, what the subject matter that is of common or general
are the requirements of the rules? interest and not the issues.
He must specify the names of such necessary 2. There are several parties that it is impractical
parties and the reason for not joining them. to join them.
3. The parties actually before the court are
And if the court finds that the reasons are not sufficiently numerous and representative as to
valid or not meritorious? fully protect the interests of all concerned.
The court shall order that the necessary party be 4. For the benefit of all.
impleaded. Commonality of interest in the subject matter.
What is the subject matter of an action?
Ano ba ang duty ng court? Sino lang ang pwede Subject matter is the real property, the personal
nyang iimpose na iimplead mo ito? property or the damage.
Pwede din iimpose na iimplead si necessary party.
Let us say for example, victims of plane crash 100,
And if there is an order of the court to include the 30 yung patay, 70 yung injured. Can these victims
necessary party and yet the plaintiff fails to do so, or the heirs file a class suit against the owner of
what is the effect? the airline company?
It will amount to the waiver of the claim against No. They have different interests.
such necessary party. So hindi ka na pwede
magfile dun sa necessary party. You can only file What is the subject matter of the action?
a separate action. Damages.
Yung 100 na yun, do they have a commonality of
What is the remedy against an unwilling co- interest? Did they suffer the same damage?
plaintiff? No. Different degrees. May slight, may serious,
He may be made as a defendant in the case. Hindi may namatay. There is no commonality of
dahil sya ang may utang sayo pero dahil ayaw nya interest.
magjoin as plaintiff in the action.
But is there a common issue?
Is the non-joinder of parties a ground for Yes. The common issue is whether or not the
dismissal of the action? airline is liable. Or whether or not there was
No. negligence.

Is the misjoinder of parties a ground for Isa lang yung issue, isa lang yung incident. Pero
dismissal? diba sa isang incident, iba iba ung consequences
No. nyan. Parang nagpaputok ka ng baril, meron
kang napatay, meron kang nadaplisan. So merong
If there is non-joinder or misjoinder, what will be homicide, merong injuries lang.
the remedy?
The case may still proceed. The court motu For example, si Mr. Cruz, real estate broker, may
proprio or upon motion may drop a misjoined nadevelop sa Ayala West subdivision, sabi nya "uy
party or add a party that is not joined. It is not bibigyan ko kayo magandang deal, bili kayo, may
jurisdictional. But if there is non-compliance of an discount." So tayo naman tiwala, "sige bibili
order to join, then the case may be dismissed. kami". Nagdownpayment tayo. Ako 100sqm binilli
Kapareho ng misjoinder ng causes of action dba. It ko, si Ms. Balingasa 500sqm, so iba iba tayo.
is not a ground. The case may proceed. Hindi natuloy yung development. Sinisingil natin
If the party not joined is indispensable, si Mr. Cruz.
proceedings shall be void.
Can we fiile a class suit? Section 2AA class suit.
What is a class suit? No there is no commonality of interest. Iba iba
ung subject matter natin so hindi pwede ang class
20 | P a g e
suit. But there is a common issue, whether or not name of the branch manager or the person
Mr. Cruz is liable for damages. accountable?
I can implead an unknown defendant and later
In the case of Newsweek, ano yung subject matter amend it if the identity of the person is learned.
doon and did the SC sustain the class suit? John or Jane Doe or the designation of the person
The SC did not sustain the class suit. The farmers may be used.
association (8,500 members) of Negros Occidental
filed a case for libel against the two authors of an We 5 formed a corporation but we didn’t
article in Newsweek. According to the farmers registered it in SEC but we are operating as a
association, the article contained libelous corporation. We entered into a contract with Mr.
statements such as "there was maltreatment, Villaroel for the delivery of 1,000 units of
exploitation and brutality against farmers". cellphone but we failed to deliver. He has a cause
of action against us. Who will Mr. Villaroel sue as
Was that proper for a class suit? defendant?
No. There is no common interest in the personal Mr. Villaroel can sue as a corporation even though
reputation of the 8,500 members. That is the we are not registered in SEC.
subject matter of libel. Was there damage to you When we file our answer, we should file our
reputation? Was your reputation blackened or answer individually and not as a corporation
tainted by the article? But there is a common because we don’t have legal personality as a
issue dba, whether or not the article is libelous. corporation.

But in the case of Oposa, the SC sustained the Let’s reverse. What if we deliver the 100 units of
class suit filed by the minors. Why? cellphone but he failed to pay us. Can we sue as a
Here, the minors represented the generations yet corporation as plaintiff?
unborn and there is a commonality of interest in No. Because we don’t have legal personality. We
the care of the environment and natural can file an action as individual.
resources. We have the same responsibility.
Pano tayo magffile as plaintiff? Who shall we
Civil Procedure implead as plaintiff?
All of us should be impleaded or we can authorize
A person is crossing in Espana. He was hit by a one as a representative.
taxi cab and suffer injuries. But he was crossing
the road, he was not able to see and verify which The plaintiff died during the pendency of the
did it, is it the taxicab or the jeepney or was it the action of the civil case. What is the duty of the
bus? That person of course has a course of action plaintiff’s lawyer?
because of the injuries he suffered so he was not  To notify of the court of the death of his
sure which vehicle is really at fault, although it client within 30 days after death.
was the taxicab that him, he was not sure of the  The lawyer should the names of legal
proximate cause. In that situation can that person heirs or legal representative of the
sue the drivers of the vehicles concerned? deceased for substitution provided that
Yes the action survives the death of the
deceased.
If that is so then what would be the nature of the
suit against the drivers? If the action does not survive, it is purely personal
The drivers can be sued as alternative defendants action, then substitution is not required.
and also the owners.
Examples:
You have a deposit in a bank. You have an atm so  Annulment of marriage and the defendant
one day nagwithdraw ka ng P50,000 pero walang died, is there a need to substitute? No. It
lumabas and then you got your Statement of is marital cause of dissolving marital tie.
Account nadebit P500,000. You have a cause of  Action for legal separation
action against the bank. You went to the bank,
nagtuturuan, ayaw ibigay ang pangalan ng If no legal representative is named by the lawyer,
branch manager and yet you want to file an action who will substitute?
against the bank. In that case who will you
implead as a defendant if you don’t know the
21 | P a g e
The opposing party may be allowed to procure an proceedings na cia. You will just present the
administrator for that purpose. judgment and file it before a probate court, hindi
dun sa trial court n nagdecide.
What is the consequence of the failure to comply
with this requirement – to inform the court of the What if before a case could be filed against the
death of his client? person for collection of a sum of money for P10
He may be administratively sanctioned and if million, hindi na ba cia makakakolekta ng
there was no proper substitution, the court pautang?
proceeded, the proceedings and the decision of the He still can collect but through probate court
court will be void. Because there was lack of due proceedings through executor or administrator.
process.
What if there is no probate court, if hindi sila
Substitution is applicable only in case the action nagsesettle ng estate?
survives. What are the action that survives the Ikaw ang mag iiniatiate and that is so expensive,
death of a party? so the court will appoint an administrator or
 Arising from delicts or crimes executor of the estate of the deceased.
 Arise from torturous conduct or quasi-
delict But there are certain contracts wherein if the
 Actions for recovery of a sum of money party dies then the obligation is extinguished if
arising from contract (contractual money there is accompanying insurance. Insurance in
claim) the credit card. Insurance in a housing loan.
 Actions for ejectment
 Recovery of personal property/real If the claim does not arise from contract,
property
Actions arising from torts, it is not based in
Does not survive an actions - Actions which are contract, how could such action proceed if it is not
purely personal: based on contracts? Sino ngayon ang hahabulin
 Annulment of marriage kung namatay ung defendant? What kind of
 Legal separation action are you going to file kasi it is not based on
 Support contracts?
The administrator or executor.
Contractual money claims
It is not extinguished by the death of defendant. Sa settlement of estate ba ako magfifile?
He is to be substituted by his heirs. Ang magiging No, you file an ordinary civil action for damages
relevant is the consequence of the death of the because it _______________. Un ung distinction.
defendant depending on the stage of the
proceeding or the action. Si ERAP, an action was filed against the City
Government of Manila, the decision of the SC is
If the defendant dies during the pendency of the disqualified pala cia to run for a public office. Eh
action, collection of a sum of money based on a ung kaso he was impleaded as the Mayor. In that
contract of loan, that would survive. What will case, can there be a substitution?
happen? His successor may be impleaded provided that the
Trial will proceed. suit is brought in his official capacity and not in
his private capacity.
If there will be judgment finding the defendant
liable to pay his loan, how can it be enforced? What is the role of the Solicitor General in actions
Should a writ of execution be issued by a trial involving constitutionality of laws?
court? The solicitor General serves as the lawyer of the
It can be enforced against his estate. It will not be Government. He is authorized to appear before
enforced through a writ of execution. Sec 20 the court in cases involving constitutionality of
provides that it shall be enforced in a manner laws, treaties, etc.
provided by prosecuting claims against the estate.
Hindi na cia writ of execution in an ordinary civil If the Solicitor General was not notified, what will
action in a collection suit. You will now file a happen to the proceedings?
claim in a settlement of estate. Magiging special

22 | P a g e
That proceedings will be void because the Solicitor
General is the statutory council of the Republic of I owe you P1 million. I failed to pay it. You are
the Philippines. going to file a case against me for collection of
money. Which court has jurisdiction?
Indigent Party. Indigency does not mean that you RTC because of the subject matter. It is
are poor as a rat. As long as it is considered a established by law based on jurisdictional amount.
party as indigent even if he earns money but it is
not sufficient to provide for his basic needs and I am a resident of Manila. You are resident of
necessities. Makati. We executed a contract of loan in
Bulacan. Which RTC will you file the collection
A minor or competent. Could they be parties to suit?
an action?
They could be parties to an action provided they I can choose between Manila and Makati since I
appear with their guardian. am the plaintiff I can choose which venue. The
nature is a personal action so the venue is
Venue of an action. transitory depending on the choice of the plaintiff.
The place of the execution of the contract is
Venue vs Jurisdiction in civil cases irrelevant to personal action.

Jurisdiction Venue What if the action is recovery ownership of a

Substantive Procedural, it does not parcel of land located in Mandaluyong City. The
go into the jurisdiction value of the property is P10 million. I am the
of the court, unlike in plaintiff I reside at San Juan City. You are the
criminal action defendant you reside at Valenzuela City. Which
Conferred by law court has jurisdiction over the action?
Is the place or the RTC because of the value of the property. The
geographical area venue is the Mandaluyong where the property is
where the case is tried. located.
It is determined by the It is determined by the
subject matter of the nature of the action, What if the action I’m going to file against you is
suit, Whether the Whether the action is an ejectment case? Iam resident of San juan city.
action is action in personal or real action You are a resident of Mandaluyong. The
personam or in rem Condominium unit is located at Makati.
Can’t be waived Can be waived Venue is Makati. Jurisdiction is in MTC.
Creates a relation Creates a relation
between a subject between a plaintiff and How about an action for specific performance. I
matter and the court the defendant purchase a piece of land from you. I paid you P10
million. What we executed is a deed of conditional
Can the court dismissed the case outright on the sale. Nabayaran na kita ng P10 million so I asked
ground of improper venue? you to execute a deed of absolute sale. Hindi ka
No, unless cases under Summary Procedure – it ng execute ng deed of absolute sale over a piece of
can be dismissed outright. It is upon the motion land. I will now file an action for specific
of the party concerned. performance with damages against you. My cause
of action is for you to comply with your obligation
How is venue determined? to execute a deed of absolute sale because I
Real Action Personal Action already comply with my obligation to pay you a
full amount. What is the court of proper
Involving title All other action
jurisdiction?
ownership possession
or any interest in real RTC because the nature of the action is not
property subject to any pecuniary estimation. Main action
is specific performance.
The venue is where the Where the plaintiff or
property or a portion of defendant’s place of
I am a resident of Makati. You are a resident of
the property is located residence or place of
Mandaluyong. The property is located in
business at the election
Paranaque. Specific performance with damages.
of the plaintiff
Where is the venue?
23 | P a g e
Specific performance is a personal action always Action in rem and action in personam are relevant
though the end result is the transfer of title of real in purposes of determining the jurisdiction over
property. Because it seeks the execution of the the defendant is required.
deed of absolute sale based on a contract.If the Sec. 4, the rules in venue which we discussed,
action is specific performance kahit it involves real action local kung asan ung property.
transfer of real or personal property, that is a Personal action – transitory depending on the
personal action. The venue is in Makati. (can also residence of the party at the choice of the plaintiff.
be in Mandaluyong depending on the election of This rules may not apply if there is a stipulation
the plaintiff???) as to venue. Or where the law specifically
provides for the venue. With respect to
Bumili ako sa’yo ng kotse. Di mo pa nadedeliver. stipulation as to venue, when is there a valid
Di ka pa nag eexecute ng deed of sale. Specific stipulation?
performance. Personal action.
 It is written.
I secured a loan from a bank, P25 million. I  It must be exclusive as to the venue.
executed a real estate mortgage involving 3  The stipulation must be made before the
parcels of land. One is located in Bulacan, one is filing of the action.
in Laguna, one is in Batangas. I failed to pay.
The bank foreclosed the real estate mortgage. This confirms that venue is not jurisdictional
What is the Court of proper jurisdiction? because venue can be waived. That is why the
RTC. The venue is any one of the three places court can’t dismiss the case outright on the
because there is only one contract, one real estate ground of a proper venue because if the defendant
mortgage, one transaction covering the three. did not object, any question as to the venue is
Although that is a singular transaction, venue deed waived.
could be in any of these places where the property
is located. Where there is plurality of The stipulation is this: all cases arising from this
transactions, bawat isa nag execute ako ng real contract shall be filed in the appropriate court of
estate mortgage then the action should be filed in Makati City. Is that an exclusive stipulation in
each of those categories before the RTC. venue?
No. Even with the presence of the word shall it is
Venue not interpreted as restrictive. That stipulation is
Real Action Personal Action only an additional venue.

Jurisdiction What could be an example of exclusive stipulation

Action in Action in rem Quasi in rem wherein the venue is restricted?
personam  Only be filed
Against a Against the  Filed particularly
specific person whole world  Exclusively
 Solely
Is the real action the same as action in rem? No  Except
 Nowhere else
Is personal action the same as action in  Any restrictive words
personam?
No Under sec 3 of rule 4, what would be the venue of
the action if the defendant is a nonresident?
An action to ejectment case is an action to recover First let us apply section 2, rule 4. Where the
possession of real property provided that the defendant can be found or at place of residence of
dispossession does not last for more than one the plaintiff at election of the plaintiff.
year. Is it a personal action or is it a real action?
Is it an action in personam or an action in rem? Under sec 3, if the action involves personal status
It is a real action because it involves real of the plaintiff or any real or personal property of
property. It is an action in personam because it is the defendant which is in the Philippines, what is
directed to a specific person. In an ejectment case the venue?
it is a real action but an action in personam. Venue is the place of residence of the plaintiff or
where the property is located.

24 | P a g e
 There is no rejoinder or sur-rejoinder. If may
Why in section 3, the venue is at the place of the party na magffile ng rejoinder, meaning after the
property where it is located? reply, it is now subject to the discretion of the
Involving status of the plaintiff – action in rem court and always be with leave of court.
Involving recovery of real or recover of personal
property – action in rem What is a complaint?
A complaint is the written statements of the claim
Section 3 involves personal status of the plaintiff of the plaintiff. In the complaint, we should allege
or any property fo the defendant within the the elements of the cause of action.
Philippines apply only in action in rem and quasi-
in-rem and not in action in personam. The answer is the defenses of the defending party.

PLEADINGS What is the significance of the complaint?

 It will determine if there is a cause of
What are pleadings? action
Pleadings are written statements of the respective  To determine if the court has jurisdiction
claims and defenses submitted to the court of over the subject matter.
justice. In our jurisdiction, pleadings can’t be  The court will also see what are the
oral. It must always be in writing. During trial, characters of the relief.
the lawyers can make oral manifestations but
they are not considered as pleadings as define by What are the kinds of defenses?
sec 1 rule 6.  Affirmative defenses - defenses which
alleges new matters while if
What are the purposes of pleadings? hypothetically admitted
 To invoke the jurisdiction of the court if o Statute of limitations
you are the plaintiff. o Statute of fraud
 To define the issues so the court could o Payment
resolve and receive evidence. o Estoppel
 Negative defenses - specific denial of the
How are pleadings construed? material allegations on the complaint of
It is construed liberally as to do substantial the plaintiff which are essential to the
justice. causes of action.

What if I file an answer and the cause of action Specific denial - you specify the material
against me is nonpayment of a loan and in the allegations in the complaint the truth of which
answer I alleged that I obtained a loan of only you deny
P50,000 not P500,000. How should it be
construed against me? What are the kinds of specific denial under rule 8
It should be construed against the pleader. It is sec 10.
considered as your admission that you have an  Absolute denial - allowed by the rules
obligation to the plaintiff. - when the defendant specify the
material allegation the fact of
What are the pleadings allowed to be filed? which he doesnot admit and sets
 Complaint forth the substance that could
 Counterclaim support it. You specify anong
 Cross claim paragraph dinedeny mo
 Answer absolutely. Example, defendant
 Third-party complaint (4th party denies the allegation in paragraph
complaint) 5. Accordingly you set forth the
o Filing of third party complaint is truth for being falseand self
discretionary in the court serving. The truthh being that......
 Complaint-in-intervention - And kahit by paragraph you
 Reply specify alin dun ang statement.

 Blanket denial - not allowed by the rules

25 | P a g e
 - you deny everything in the - a denial of negative expression which carried
complaint with it an admission. Not a valid specific denial.
- If there is a failure to deny Very ambiguous pleading.
specifically the material allegation
or there is a blanket denial, it The allegation: the plaintiff and the defendant
would result to an admission and entered into a contract of loanamounting to p100
can be taken against the million on feb. 5, 2014 at manila hotel.
defendant.
Defendant denies par. 5 of the allegation that he
 Partial denial - this is allowed by the rules entered into a contract of loan with the plaintiff in
- the defendant did not totally deny the amount of.... Inulit m lang. It is a negative
a specific material allegation but pregnant. That statement contains qualifying
only a prt of the averment. The statement, but the denial is only upto the extent
defendant admits some allegation of the qualifying statement resulting to the
and deny some allegation. admission of the allegation.
- The defendant admits that he
obtained a loan from the plaintiff Ano ba yung dinedeny mo? Na my contract of
but denies tht the amount is p1 loan? O ung P100 million? O dinedeny mo sa
million the truth being that the manila hotel? What are you dineying?
amount is only p10,000.
Plaintiff alleges that the defendant has used more
 Denial by disavowal of knowledge than p100 million placed in trust to him by the
- the defendant alleges that he has plaintiff in 2012. Defendant denies the amount
no sufficient knowledge or was more than p100 million and denies that it
information to form a belief about wasgiven to him in 2012. That is a negative
the truth of the material pregnant. It will constitute as an admission. He
allegations. admits that he misused the amount.
- Applicable in the personal
circumstances of the plaintiff. What is the effect of failure to make a proper
specific denial in the answer.?
What should be the condition for denial for lack of It will constitute an admission of material
knowledge to be considered as a valid specific allegations. Only material allegations. Material
denial? allegations are those which are related to the
It should be in good faith. subject matter of the action that would establish
the causeof action.
There is a contract of sale. Nagpirmahan tayo.
You are now claiming that i defrauded you. Ang Xpns:
usapan lang natin mortgage lang, bakit nging unliquidated damages, moral damages. If the
deed of absolute sale. You are filing a complaint damages are liquidated, meaning it has been
for the declaration of nullity for the contract of stipulated upon by the parties, that could also be
sale. You are the plaintiff, i am the defendant. In admitted if there was failure to make a specific
your allegation, nakalagay dun the plaintiff and denial.
the defendant entered into an absolute sale. In
the answer, defendant denies the allegation of Is that admission by failure to make specific
par. 5 for lack of knowledge or sufficient denial conclusive upon the courT? Can that be
information ti form a belief as the truth of the considered judicial admission? Meaning no
matter. Is that a valid specific denial? No, the evidence is needed to prove the same?
defendant is a party to the deed of sale, Yes. It would be construed against the pleader.
nakapirma ako dun, i can't deny na hindi ko alam. That is a judicial admission. Anything you write
I am making that denial in bad faith. Dapat in on your pleading.
good faith. Hindi mo talaga alam. A denial made
in bad faith shalll be an admission. It could be As to complaint, ultimate facts lang. Hindi msydo
tken against you. detalyado. Kasi pg dinetalye mo, you will bound
by it. Leave the rest to the presentation of
Negative pregnant - pregnant denial evidence during trial. As long as the requisites of
cause of action is there.
26 | P a g e
  Compulsory - if the following requisites
What is an affirmative defense? are met:
It alleges new matter which while hypothetically o It arises from the same
admitting the allegations of the claimant, would transaction or necessarily
bar or prevent the recovery from it. connected with the subject matter
of the original action.
Is an affirmative defense a form of denial? o The adjudication does not require
It is not. There is hypothetical admission to avoid the presence of persons whom the
or bar the claim. court can't acquire jurisdiction.
o The court has jurisdiction as to the
I have a property. Kelangan ko ng pera. nature and amount of the action.
Isasangla ko sa'yo. It turned out naging deed of
absolute sale na although ang pinapirmahan mo I was sued by my contractor because i did not pay
sakin is a real estate mortgage. Naforge mo ung the contrctor the full contract price in building my
deed of absolute sale. Talagang may deed of house. P10million. The collector filed an action
absolute sale na forgery pero akoreal estate against me for collection of Sum of money. I filed
mortgage talaga asa isip ko. In my answer, i an answer with counterclaim. In my counterclaim
admit that yes, there is a real estate mortgage i said i did not pay the contractor in full because i
and that document, the deed of absolute sale had to secure the services of another contrctor
exists, but the signature is a forgey. Is that an because the work was not done right. And in so
affirmative defense? doing i had to pay and i incurred p15 million and
Yes. now im making a counterclaim for p15 million. Is
that a counterclaim? Is that a compulsory
You filed a complaint against me for collection of counterclaim?
money. The amount is p10 million. In my It is a counterclaim. It is compulsory. It is
answer, i admitted, yes, i owed her p10 million connected to the subject matter of the originl
but there is already payment as evidence by the complaint. Its adjudication does not require the
official receipt. presence of the person whom the court can't
acquire jurisdiction. The original parties are
What do you mean by hypothetical admission of involved. It is within the jurisdiction of the court
the allegations in the pleading of the plaintiff? of court of regular justice.
In case i admit the allegation. Assuming that i
admit the allegation. The case is pending in the MTC. Ang sinisingil
sakin ng contractor ay P400,000.
What are the other affirmative defenses? Nagccounterclaim ako sa kanya ng P200,000.
 Res judicata It is still compulsory.

Counterclaim sets the claim of the defending Original claim P400,000. Counterclaim is P15
party against the claimant. million. Before MTC. It is not compulsory. Ist
requisite and 2nd requisite are met. Necessarily
Must it always be money? connected. The original parties are involved. 3rd
Not necessarily money. requisite is not met. MTC has no jurisdiction as
to the P15 million. It is permissive. I can file a
Is a counterclaim part of an answer? separate action against my contractor.
It is independent from the answer but can be But can i insist to file the counterclaim in MTC,
included in the answer. So pag nagcounterclaim what will happen?
pwede separate pleading, ihiwalay nyo s answer. MTC could only render judgment upto P400,000.
Pero pwede ci included sa answer. Answer with
counterclaim. What if i did not assert my counterclaim of P15
million, can i file a separate action for that?
In a counterclaim, how many pleadings are No. Being a compulsory counterclaim, if it is not
already filed? set up, it is barred. Compulsory counterclaim
Two. One for the original complaint and one for must be set up in the same action, otherwise it is
the counterclaim. barred. Unlike a permissive counterclaim, filing
of separate action is allowed.
What are the kinds of counterclaim?
27 | P a g e
Instead filing answer with counterclaim, i filed a  There is logical relation between the claim
motion to dismiss the complaint. What is the and the counterclaim? – compulsory
effect of that on my complusory counterclaim?
It will bar the compulsory counterclaim. Compulsory vs permissive
Compulsory counterclaim tht is not set up is
barred. Compulsory Permissive
All three requisites are One requisite is absent,
 Permissive – met particularly the logical
o if one of the requisites for the connection between the
compulsory counterclaim is not claim and the
met, particulary, if the claim does counterclaim
not arise or necessarily connected
with the transaction. There is just If it was not set up, it is If it was not set up, it is
a counterclaim which is not barred not barred. A separate
relevant. But you still have to action may be filed.
comply with the remaining other
requisites. Its adjudication does It is not an It is independent
not require the presence of third independent pleading, pleading, certtification
parties or it is within the certification against against forum shopping
jurisdiction of the court. It arises forum shopping is not is required.
from event which is unrelated to required.
the claim of the claimant.
Payment filing fees is Payment filing fees is
Y was hit by a motorcycle being driven by A. Y required. required.
suffered injuries. Y filed a complaint against A
for damages arising from the injuries he suffered
because of A's negligence. Sabi ni A, bakit mo ako
idedemanda, wala kang utang na loob, my utang The payment for docket fees for compulsory
ka sakin. A is now asserting that Y owes him counterclaim is suspended as of this time because
money. So in his answer, A, as a counterclaim, ofthe requestof the ibp. But when you ask the
demanding from Y, P500,000. Y is claiming question during exams, it is required for both.
P500,000. Is the counterclaim of A compulsory or
permissive? What is the period to file an answer to the
It is permissive. The counterclaim of A which counterclaim?
pertains to the debt is not connected with the 10 days from service of the counterclaim.
main cause of action which is due to negligence.
One is damages based on negligence. The other is
based on a bad debt.
COUNTER-CLAIM
Being a permissive counterclaim, can the court What is the effect of the dismissal of a complaint
deny due course to the permissive counterclaim? on a counterclaim that has already been set up?
Yes. It is on the discretion on the court. But the Meaning there is a complaint, no motion to
court should always have in mind that if he allow dismiss was filed by the defendant and the
it shall not delay the resolution of the action. defendant filed an answer with counter claim and
the court dismissed the complaint, will the
What are the tests to determine whether the dismissal of the complaint also amount to the
counterclaim is mandatory and permissive? dismissal of the counterclaim already set up in the
 Is the facts and issues of the claim and answer?
counterclaim largely the same? If they No. So the counterclaim will not be affected by the
have common issues of facts and law - dismissal of the complaint.
compulsory
 Will it be barred based on res judicata - Section 2 of Rule 17 - We have a situation where
compulsory the plaintiff seeks the dismissal of his complaint
 If same evidence will support both the which is after an answer has already been filed
claim and the counterclaim? - compulsory with counterclaim. So, will the dismissal of the

28 | P a g e
complaint upon motion of the plaintiff, what will Is filing a reply necessary?
happen in the counterclaim already set up in the No
answer?
The dismissal of the complaint upon motion of the What if there are new matters alleged in the
plaintiff will not amount to the dismissal of the answer, and there was failure on the part of the
counterclaim already set up. And the defendant plaintiff to file a reply, what is the effect on the
should manifest that whether he would like the new matters?
counterclaim be decided in the same action. Deemed controverted or denied

Section 3 of Rule 17 - So we have a situation What if in the answer the defendant alleged a
where the plaintiff fails to present evidence and Deed of Sale which is an actionable document, is
because of that, the court or upon motion of the filing a reply necessary?
defendant, the case was dismissed due to failure Yes in order to deny specifically the genuineness
to prosecute. Will the dismissal of the complaint and due execution of the actionable document
due to the fault of the plaintiff also amount to the
dismissal of the counterclaim? Is the reply should be under oath?
No Yes because it involves assailing an actionable
document
Now we said, compulsory counterclaim must be
set up in the same action. If the compulsory And what is the consequence if you do not set up
counterclaim is not set up in the same action, the cross claim?
what is the consequence? Should be barred.
It’s barred.
THIRD PARTY COMPLAINT
What if the compulsory counterclaim was not set
up because of inadvertence or oversight on the Who files a third party complaint?
part of the defendant, can he still set it up? The defendant
Yes, by amendment of the answer.
Why is that it is only the defendant who may file
What if the counterclaim which does not yet exist a third party complaint? What is the purpose of
at the time of filing an answer came about the third party complaint?
subsequent to the filing of the answer, can it still Contribution, Indemnity, Subrogation
be set up?
Yes, by supplemental pleading. Can it be filed even without leave of court?
No
And when it is filed, is the court compelled to
CROSS-CLAIM admit the third party complaint?
No, it is discretionary upon the court.
If the cross-claim is not set up in the same action,
can it still be set up through an independent Would you say that the third party complaint is
action? an independent action from the main complaint?
No. So you should set it up in the same action. No. It is ancillary to the main action.

And what is the consequence if you do not set up But when the main action is dismissed, what will
the cross claim? happen to the third party complaint?
Should be barred. Dismissed

Please take note that in filing a cross-claim If you do not file a claim against third person, can
against a co-party, the issue in the cross claim you not file a separate action instead?
must be based on the same issue as that of the Yes, so this is an independent and separate
original complaint. That’s why if you do set up the action.
cross-claim in the original action, it shall be
barred. In filing a third party complaint, is leave of court
required?
REPLY Yes

29 | P a g e
In filing a counterclaim, whether permissive or Cannot be third party complaint because it does
compulsory, is leave of court required? not involve the complaint against me; it does not
No. involve your collection of money to me, so third
party complaint is not proper based on the counter
In filing a cross-claim, is leave of court required? claim. It would have been different if both Ms. X
No. and I executed the promissory note. In that case,
why are you filing a case only against me? Then
Now, you are an owner of a vehicle that is third party complaint is proper against Ms. X.
insured. While driving you hit a kiosk, so there’s
damage to a property. A case was filed against PARTS OF A PLEADING
you for damages. Can you file a third party
compliant against the insurance company? What are the different parts of a pleading?
Yes. Caption, Body, Signature and Address,
Verification and Certification against forum
For what purpose? shopping
So when you pay for damages, you can recover it
from the insurance company. What are included in the Caption?
(1) Name of the court, (2) Title of the action which
What if the owner filed a case directly against to indicates names of the parties whose participation
the insurance company, can the insurance in the case shall be indicated as either plaintiff or
company file a case against you? defendant, and (3) the docket number if assigned
Yes in case you are at fault, then the insurance
company has no liability.

In filing a third party complaint, should the cause

of action refer to same transaction or connected to
the claim of the plaintiff of could be another
transaction?
It could arise from another transaction as long as What should be contained in the Body?
it is connected to the plaintiff’s claim. (1) Designation of the pleading – it could be a
What is the effect of the dismissal of the main complaint, an answer, cross-claim, counter claim,
complaint on the third party complaint? third party complaint,
Dismissed also, it is only an ancillary action. (2) The allegations - in paragraph form
o What if there is joinder of causes of
Now Section 12, it refers to bringing new parties. action?
It’s similar to third party complaint, but there is a  First cause of action, then
distinction. A third party complaint is filed by the allegations, then second cause of
defendant to bring in third person not impleaded action, then allegations
in the main action in order for contribution, o Which would prevail? Is it the caption or
indemnity or subrogation on the plaintiff’s claim. the allegations in the body of complaint?
In bringing new parties, you also bring a party not  Allegations in the body of
part of the main action but this is for purposes of complaint. It is the allegations that
the counter claim or cross claim only and not for determine the nature of action and
purposes of the plaintiff. Let us say for example, the jurisdiction of the court
you are the plaintiff, I am the defendant. You (3) Relief
sued me for nonpayment of goods that you o Is relief essential to the body of the
delivered to me, so collection of sum of money, complaint?
Php1M. I filed an answer with counter claim and I  No.
said, Mr. Y, you also owe me Php2M based on a o Does it limit the allegation in the body
promissory note that you executed together with of the complaint?
Ms. X which is a joint obligation. Now, in my  No.
counter claim against you, I should bring Ms. X as (4) Date of the Pleading
a new party through Motion to Implead her as a
defendant in my counter claim. Why not third What must be set up or allege in the body of the
party complaint? complaint?
The ultimate facts must be alleged
30 | P a g e
 Exhaustion of administrative remedies
What do you mean by ultimate facts?
These are facts essential to the cause of action, We mentioned that Relief does not constitute the
without which the cause of action is inadequate. allegations to support the cause of action. May a
Court grant a relief that is not prayed for?
For example, in case for collection of sum of Yes, so long as it is warranted by the allegations
money, what if the body contains an allegation the of the complaint and proof. You allege it and
party entered into a void contract of purchase must have been proven during trial. And these
agreement? Is that an allegation of an ultimate may be covered by the general prayer for such
fact? other relief not specifically prayed for.
No because it is already a conclusion of law.
Now, another part of the pleading is the Signature
So basically, when you say ultimate facts, it and the Address. Who must sign the pleading?
should be very factual on what happened that The pleading must be signed by either the party
would establish the cause of action, which in this or his counsel. So if the party is represented by a
case is collection of sum of money. lawyer, the lawyer should sign the pleading.

Another example, plaintiff is a registered owner of What is the effect of an unsigned pleading?
a parcel of land covered by a transfer certificate It produces no legal effect.
title No. 12345 in Sampaloc, Manila. The cause of
action is recovery of ownership. Is that an
ultimate fact? Can the Court dismiss the Complaint outright
Yes. because the complaint is not signed?
The Court may order the party to sign by
amendment. So the Court could be liberal in
allowing the unsigned pleading to be signed. It is
Now what if it says that defendant is occupying discretionary upon the court if it is due to
the parcel of land by virtue of a title that was inadvertence and not to delay the proceeding.
secured through fraud and machinations. Is that
an allegation of an ultimate fact? Now what is the importance of the signature of a
No. lawyer in the pleading?
That the lawyer has read the pleading; that to the
Now, the Rules likewise require that in the best of his knowledge, information and belief
complaint, there must be an allegation of there is good ground to support it; and that it is
condition precedent. What is a condition not interposed for delay.
precedent?
Conditions precedent must be established first Now under Rule 7, what are the circumstances
before there is a cause of action. when a lawyer may be subjected to a disciplinary
action in relation to a pleading?
Can you give me examples? - When he deliberately filed an unsigned
Conciliation proceedings under Katarungang pleasing;
Pambarangay Law. It must be alleged in the - When he signs a pleading in violation of the
complaint that the partied have undergone Rules;
conciliation proceedings and there was failure to - When he alleges scandalous or indecent
amicably settle. matter in his pleading;
- When he fails to promptly report to the
But what if the case is not covered by Brgy. court a change in his address – this would
Conciliation, what should be alleged? interpose delay in the proceedings
It must be alleged that it is excused from
compliance because it is not covered by the Rules. For example, you have paralegals who are not
lawyers, can they draft the pleading and do
What are the other conditions precedent that research in relation to the preparation of the
must be alleged? pleading?
In Family Relations, it must allege that there was Yes
an effort to reconcile among family members
But who should sign it?
31 | P a g e
The lawyer and not the paralegals Will not cause the outright dismissal of the case

Apart from the signature and address, what else Why not?
are included? Because the Court may allow the amendment of
- PTR No. the pleading to include the verification. So when
- IBP No. there is lack of verification, there is a defect. But
- Roll of Attorney No. it is not a defect that goes into the jurisdiction of
- MCLE No. the Court, but a formal defect which may be cured
by amendment.
What is the effect for non-compliance with the
above, will the Court dismiss the complaint? But will you agree with me that the lack of
No. These may appear formal requirements but verification, the Court will treat it as a mere scrap
non-compliance may treat the pleading as mere of paper?
scrap of paper. But since this is not due to the Yes. But again, it can be cured by amendment.
fault of the party, the Court can be liberal and
bind the lawyer to comply. But if the lawyer
refuses to do so, that’s the time that the Court can Now the Court orders you to amend the
dismiss the action because that is already complaint, but you still failed to amend and
contemptuous. include the verification
Then that will cause the dismissal of the
Now, I would like to emphasize that verification is complaint.
different form certification against forum
shopping. Are all pleadings required to be Now who signs and execute the verification?
verified? The principal party should sign. In the case of
No corporation, any authorized person can sign the
verification provided there is Board Resolution
What are the pleadings that re required to be attached.
verified?
- Almost all Petitions If all of us are the plaintiffs, then who should sign
- Any initiatory pleading the pleading?
o Is answer required to be verified? All of us.
 No except an answer in summary
procedure and in small claims But what if only one signed the pleading, say Mr.
X. What is the effect of that lone signature?
How is a pleading verified? It is valid as long as he has the same interest as
Should be under oath through affidavit all of us and as long as he is competent to attest to
the truth of the allegations in the complaint and
And what should be declared in the verification? he is unquestionably a principal party to the
- That the affiant has read the pleading, and action.
- That the allegations therein are true and
correct of his personal knowledge or based What is forum-shopping?
on authentic records It is when as a result of an adverse opinion, a
party seeks a favorable opinion other than by
What is the importance or relevance of appeal or certiorari; or
verification?
It serves as an assurance that the allegations are When a party instituted two or more suits in
true and correct and not a product of the different courts, either simultaneously or
imagination or a matter of speculation, and that successively, in order to ask the courts to rule on
you are filing in good faith. the same or related cause and/or grant the same
or substantially the same reliefs on the
What if it is not truthful? What could be the supposition that the one or the other court would
implication of that? make a favorable disposition or increase a party’s
The affiant may be prosecuted for perjury. chances of obtaining a favorable action.

Now, what is the effect of an absence of How can a forum-shopping be committed?

verification? - Res judicata
32 | P a g e
 - Litis pendencia The authorized representative and there must be
- Splitting causes of action a Board Resolution which should be attached

Remember class that the act of forum-shopping If there is no certification, what is the effect in
itself is different from non-compliance of the the complaint?
certification of forum-shopping. Both are grounds The case will be dismissed. The Court is stricter
for the dismissal of the action. in the certification against forum-shopping
because it is mandatory to be complied with.
Now, is the act of forum-shopping absolutely
prohibited in our jurisdiction? Can it be cured by amendment?
Yes. It is an act of malpractice. It is It cannot. That’s the distinction between lack of
contemptuous. verification and lack of certification against
forum-shopping. In the former, the Court can be
Does the prohibition to forum-shopping apply not liberal and allows the amendment, while the
only to the regular courts of justice but also to latter can’t be cured by amendment.
quasi-judicial bodies?
Yes. I have been emphasizing that the act of forum-
shopping is different from non-compliance with
Now, under Section 5 of Rule 7, what is the effect certification against forum-shopping. Now, you
of the act of forum-shopping? filed three complaints in different courts involving
Summary dismissal of all the cases filed in the same action -- one is collection of sum of
different courts if the act of forum-shopping is money, one is specific performance and one for
intentional. damages, but same cause of action. Is there
forum shopping?
Does it require notice? Yes, there is splitting cause of action.
No. Summary dismissal, with prejudice.
Now, in each complaint, you stated in the
If the act of forum-shopping was not intentional or certification that you have not commenced any
deliberate, what is the effect? action. There is act of forum shopping. But did
Dismissal of the subsequent case/s. you comply with the certification against forum-
shopping?
Is it dismissal with prejudice or without Yes.
prejudice?
Without prejudice Now, will your cases still be dismissed?
Yes on the ground of an act of forum-shopping.
Now what should be contained in the certification
against forum shopping? What is the consequence of submitting a false
That the party has not commenced or filed any certification?
claim involving the same issues in any court, Dismissal of the case
tribunal, or quasi-judicial agency and, to the best
of his knowledge, no such other action or claim is What if you filed only one complaint, but in your
pending; complaint you did not include a certification
against forum-shopping. Will your case still be
That if there is such other ending action or claim, dismissed?
a complete statement of the present status Yes on the ground of non-compliance of
thereof; certification against forum-shopping

That if he should therefore learn that the same or So either way, your case will be dismissed. Both
similar action or claim has been filed or is are separate grounds for the dismissal of action.
pending, he shall report the fact within 5 days
therefrom to the court wherein his aforesaid MANNER OF MAKING ALLEGATIONS IN
complaint or initiatory pleading has been filed. PLEADINGS

In case of juridical person, who would execute the Now, we said a while ago that in the pleadings,
certification? you must only allege the ultimate facts. And

33 | P a g e
under Rule 8, how must the allegations of
ultimate facts be made? When you say particularity, what must be alleged
In methodical and logical form specifically with respect to fraud or mistake?
Specific acts of fraud, the time, and place
Now, we studied joinder of causes of action and
impleading alternative defense. How could we How about malice or bad faith, how do you allege
allege a joinder of causes of action and if there are it?
alternative defendants? It may be alleged generally and not in particular
A party may set forth two or more statements of a because they are both conditions of the mind. But
claim or defense alternatively or hypothetically, during trial, you have to prove these conditions of
either in one cause of action or defense or in the mind.
separate causes of action or defenses.
In La Mallorca case, the plaintiffs were allowed to In an action for recognition of judgment here in
sue based on a quasi-delict theory and in the the Philippines, how do you the judgment or
alternative, upon a breach of contract. decree of a foreign court?
It may be alleged generally. The jurisdiction may
Would you agree that breach of contract of not be specifically alleged because it is presumed
carriage and quasi-delict are incompatible causes unless otherwise overcome by proof. And this
of action? applies to judgment of domestic courts.
Yes, because the former based on contract and the
latter is based on negligence. Now we said that there is necessity to file a reply
under oath if the answer alleges an actionable
Here, it is very clear that although the pleading of document. What is an actionable document?
alternative causes of action pertains to It is a document relied upon by the plaintiff on his
inconsistent or incompatible claims, the Court claim or defenses.
still granted the relief. But there is condition to
that. What is that condition? How do you plea an actionable document either as
It must arise from the same or connected to the basis of an action or a defense?
same transaction on the main issue. By setting forth the substance of the actionable
document and to attach the original or copy of the
Now let us say that in the answer, the defendant document to the pleading; or setting forth in the
alleges that he signed a Deed of Sale through pleading said copy of said instrument or
fraud. Assuming that the Deed of Sale is valid, document. A copy is sufficient but during
the action has already prescribed. So here, what is presentation of evidence, you should present the
the hypothetical allegation in the defense? original under the rule on best evidence.
The hypothetical allegation in the defense is that
it assuming that the Deed of Sale is valid, the How do you contest or assail actionable
action has already prescribed. documents?
By specifically denying the genuineness and due
Now, we have studied that it is important that the execution under oath. Absence of an oath will
party in the action should have the capacity to sue result to implied admission of due execution and
and be sued. Again, what do you mean by capacity genuineness of the document.
to sue?
It means that the party has the legal right to an What do you mean by genuine?
action - The document is not spurious, counterfeit
or of different import on its face from the
For a natural person, how is capacity to sue one executed by the party; or
alleged? - That the party whose signature it bears
Through personal circumstance which is of legal has signed it; and
age. In case of juridical person, that it is - That at the time it was signed, it was in
organized under the law. the words and figures exactly as set out in
the pleadings
Now, if the cause of action is based on fraud or
mistake, how should I allege it? And duly executed?
The circumstances must be stated with - Signed voluntarily and knowingly by the
particularity. party whose signature appears thereon;
34 | P a g e
 - That if signed by somebody else, such
representative has the authority to do so; May the courts strike out those statements even
and without a motion from any party?
- That the formalities were complied with. - Yes, the court, on its own or upon motion,
may order those statements that are
So you admitted the genuineness and due sham, false, redundant, impertinent
execution of the document if you do not scandal to be stricken out of the pleading.
specifically deny the actionable document under
oath. So what are the defenses that are deemed Iba yung striking off the record, ibig sabihin yung
waived by admission of genuineness and due record, during trial or as part of the record of the
execution? Can you still claim that the promissory court. Ito only a particular statement in the
note is not authentic and you did not sign? pleading.
No more.
What is the effect of failure to plead defences and
Can you still claim that the corporation was not objections in the answer?
authorized to issue the promissory note? If the defenses are not pleaded in the answer or
No. the objections are not included in the motion to
dismiss, it is deemed waived.
So those are the defenses that are deemed waived.
But what are the defenses that are not deemed According to Section 1 of Rule 9 that is the
waived even if there was an admission of general rule if you fail to set up the defenses and
genuineness and due execution? raise your objections deemed waived. But what
- Payment are the exceptions under Sec. 1, Rule 9?
- Statute of limitations There are four defenses that are not deemed
- Want of consideration waived even if they are not pleaded in the answer
- Illegality of consideration or set up in a motion to dismiss
- Fraud 1. Lack of jurisdiction over the subject
- Mistake matter
- Compromise 2. Litis pendentia
- Estoppel 3. Res judicata
4. Statute of limitations

A Negative Defense is when a defendant In our discussion, when can a party question the
specifically denies the material allegations. lack of jurisdiction of the court over the subject
matter?
What are the different kinds of specific denial? At any time, that’s why it is not barred even if not
1. Absolute Denial set up at the earliest opportunity.
2. Partial or Qualified Denial
3. Deniall by Disavowal of Knowledge What do you mean by prescription as a defense?

What is the effect of failure to make a specific What is barred by the statute of limitations?
denial? The action itself.
Only the material allegations are deemed
admitted. For example, an action for unlawful detainer,
within what time must it be filed?
How about damages, if there is a failure to make a Within 1 year from dispossession or last demand.
specific denial in the answer does it mean to say
that a plaintiff’s claim of damages are also So, the action was filed 2 years after the last
deemed admitted? demand, is there prescription?
Yes, except unliquidated damages. Yes

What may be stricken out of the pleading? Even if the defendant did not raise it in the
Under Rule 8, Section 12 answer or did not file a motion to dismiss, during
1. False or sham statements appeal can the defendant still raise this defense
2. Redundant, immaterial, impertinent or that even if there is a cause of action, the action
scandalous statements has already prescribed?
35 | P a g e
Yes because what is the consequence if the court Due process. Kasi usually ganun, nag issue ng
will continue with the proceeding and yet the summons di nakasubmit yung defendant, magfile
action has already prescribed? agad ng motion to declare the defendant in default
There will be a clogging of the court dockets and for the court to render judgment based on
evidence submitted by the plaintiff. So ang
And what is the status of the action that has mangyayari during the hearing, the Court will
already prescribed? require the defendant to comment on the motion.
Any decision would be void for lack of cause of
action on the ground of prescription because there Due process so the defendant can explain why he
is no basis for filing a suit. Sasayangin mo lang failed to file an answer. Most of the time ang
yung oras ng korte, nagprescribe na pala yung ginagawang reason, nagkasakit, na-ICU. Yung
action mo. Halimbawa there in a contract, after 4 lawyer nagkasakit or nasa abroad pala e
years mo finile, di ba there is a 4 or 10 year substituted service yung ginawa nung process
prescriptive period, finile mo after 10 years, wala server na magsserve ng summons.
na yun.
In that case, may the Court allow the defendant to
Compulsory counterclaim and cross claim if they file an answer beyond the prescribed period and
are not set up in the same action, can an admit the answer belatedly filed?
independent action be filed for purposes of the Yes. It is discretionary upon the Court depending
compulsory counterclaim and crossclaim? on the reason, if it is justifiable, the Court will be
No, it is deemed barred. liberal,

What is the nature of default? There is a Motion to Declare a Defendant in

Default is a procedural concept wherein the Default. Once a Defendant fails to file an Answer,
defending party fails to file his answer within the is it compulsory or mandatory upon the Court na
time allowed by law. i-Default na agad yung Defendant?
No. There must first be a Declaration of Default
There is a complaint and the defendant did not issued by the Court. After which, the Court has
file any answer within the period prescribed by the discretion to either:
the rules. After the service of summons, he can be a. to render the judgment
declared by default. - ang babasahin lang ng Court,
yung complaint, yung allegations
Can the Court, like for example the complaint was and yung attachments to support
filed pending before my court summons was the cause of action
issued for the defendant to file an answer within b. or conduct an ex-parte hearing
15 days from the service of summons. The ex-parte meaning walang kalaban; require the
defendant did not file any answer, can the Court plaintiff to submit evidence
on its own, without any motion from the plaintiff
declare a defendant in default? If there is a Declaration of Default, what is the
No. consequence of that to the Defendant?
1. There must be a motion filed by the He loses his standing in Court.
plaintiff for the declaration of the order of
the court. What do you mean by he loses his standing in
2. There must be a Notice of Hearing for the court? That he can no longer participate in the
motion. case?
3. There must be a hearing. must be served He can no longer take part in the trial meaning
on the defending party his lawyer can no longer cross-examine the
4. It must be shown that summons has been witness of the plaintiff.
validly served. Kasi pwedeng defense yun,
bakit ako maddefault, wala akong Can the Defendant still present evidence?
nareceive na summons. No more. It is only the plaintiff who can present
evidence. Kaya nga, after an Order of Default, if
What is the relevance or importance of conducting the Judge chooses to conduct an ex-parte hearing,
a hearing first before declaring the defending wala ng participation yung Defendant. No right to
party in default? cross-examine.

36 | P a g e
It was mentioned a while ago that the Defendant, plaintiff and the plaintiff’s claim will
although he cannot participate (present evidence automatically be granted by the Court?
and cross-examine), the Defendant can be a No, even if the defendant is declared in default,
witness to the proceeding. Paano siya nagging the plaintiff must still meet the standard of
witness e di naman siya pwede magpresent ng evidence in civil cases, which is preponderance of
evidence? evidence.
Under the Rules of Evidence, he can be presented
by the plaintiff as an Adverse Party Witness. Ang Can the defendant appeal the judgment by
Adverse Party Witness, you are not calling your default?
opponent to support your case or cause of action. Yes, the defendant retains the right to appeal the
It is as if you want to pin him down. Halimbawa, judgment by default on the ground that the
ako plaintiff, ikaw defendant, nadefault ka, decision is contrary to law.
tatawagin kita as Adverse Party Witness, parang Example (contrary to law): jurisdiction, res
kino-cross-examine ka. “Would you agree me with judicata, litis pendentia and prescription.
me that on that day…” You are trying to pin him
down. Ang gagawin mo, iipitin mo siya. The A plaintiff’s claim is 1 million, Court awards 100
purpose of an Adverse Party Witness is to elicit million. This is contrary to law because in a
from your opponents admission which you cannot judgment of default what can be awarded?
get from the pleadings. Only that based on amount and kind stated in the
pleading and no award for unliquidated damages
There is an Order Declaring the Defendant in
Default after notice and hearing. If you are the Pwede bang sabihin on appeal that the decision of
Defendant, what is your remedy from that Order? the court is contrary to the facts and evidence?
Motion to Vacate or set aside the order of default. No, because if he uses such grounds, it is as if he
is trying to regain his standing that he already
What must accompany the motion to set aside? lost. It is doing indirectly what you cannot do
Defendant must attach an affidavit of merit directly during the trial.
(under oath) stating that
- he has a valid cause of action and There is no trial on appeal.
- that he failed to file an answer due to
the following grounds: Assignment of error that the trial court
 Fraud misappreciated the fact of payment by defendant,
 Accident i-allege mo dun na nakabayad ka na. eto
 Mistake nakabayad ako, may official receipt. You cannot
 Excusable negligence do that kasi you lost your standing. Pinapasok mo
pa yung di mo na pwedeng i-pasok.
For example, the lawyer was confined in the
hospital and the defendant believed that the Read the case of Robert Otero v. Roger Tan. The
lawyer was able to file the Answer because he was SC discussed in that case the grounds that the
able the give all documents to his lawyer. defendant may raise on his appeal.
Excusable neglect. And if the Defendant would be
allowed to go to trial, he can prove that he has a If the defendant is presented as an adverse party
good defense such as that the action has already witness, pwede ba yung lawyer niya magtanong?
prescribed or he has already paid the obligation Hindi pwede. The lawyer of the defendant cannot
the official receipt is hereto attached. ask questions that would establish the latter’s
defenses.
If you did not justify that you have a valid If right against self-incrimination, oppressive
defense, your motion to set aside will not be questions, badgering, or incompetent questions –
approved by the judge. pwede.

Under oath kasi hahabulin mo na because you Iba din yung hostile witness – you will present
already lost standing. any person, not a party, whose testimony is
adverse your interest. Halimbawa, testigo ng
Yung Defendant na declare na na Default, hindi kalaban mo tatawagin mo.
niya pina-set aside. Nagpresent ng evidence yung
plaintiff, does it mean to say na panalo na yung
37 | P a g e
Adverse party witness – you call on the opposing allegations in the complaint like clerical errors,
party (defendant calls on the plaintiff or plaintiff typographical errors
calls on the defendant)
Substantial amendments?
For example, the claim is only 1 million and the Goes into the merits of the case like a change of
Court awarded 100 million. The Court included in cause of action, change in defense, change in
the computation inflation, dollar rate. The Court theory of the case.
can grant as much as 1million. It can also grant
less than 1 million, depending on the evidence. Like if you would strike out an ultimate fact that
would totally change the nature of the action or if
Let’s say in case for breach of contract and you will add a certain allegation, it will not
damages, sobra naming malicious ang ginawa ng change your defense
defendant sa plaintiff na ito, nakakaawa naman
yung plaintiff na ito. Can the Court apart from When is an amendment a matter of right?
awarding actual damages, award moral damages? Before a responding pleading (answer or reply) is
No, because when it comes to moral damages, served
exemplary damages, there must be proof.
How many times may a plaintiff amend a
Can there be a declaration of default even when pleading as a matter of right?
an answer has already been filed? Only once
Yes, under Rule 29 even if defendant already filed
an answer the court can still declare defendant in Nagfile ako ng complaint for specific performance
default for failure to comply with modes of with damages against A, nagissue ng summons
discovery. ang court against A, A filed an answer to the court
today. Let us say Tomorrow nagbago isip ko,
Example, there is a directive by the court okay, attorney ayoko na lang ng specific performance
you submit yourself to deposition or file a reply to with damages, gusto ko na collection for sum of
the request for admission, you still did not reply, money with damages, can the amendment still be
you as defendant can still be declared in default. as a matter of right?
Yes. It is still a matter of right because for it to be
When defendant loses standing, it includes the discretionary there must be a service of the copy
counter-claim. of the answer to the plaintiff. Kahit na file na sa
court pero di pa nabigyan ng copy ang plaintiff, it
Amendment of a Pleading can still be amended as a matter of right.

When you say amendment of a pleading, what Dun sa ginawang amendment from specific
does amendment mean? performance to collection of sum of money, the 2
Formal, substantial, as a matter of right or are different causes of action. Iba na yung theory
discretionary upon the court and nature of action, can an amendment be made
in order to change the nature of the cause of
But as a procedural device, what do you mean by action?
an amendment? What is the purpose of amending Yes, as a matter of right. Wala pa kasing service
a pleading? of answer so the issues are not yet joined.
- You are correcting the allegations in the
pleading Let us say nagfile ako ng case for collection of sum
- You add, like an omitted counterclaim of money before the MTC for 1 million pesos,
- You remove or strike out an allegation defendant did not file a motion to dismiss, nag
that you do not want retained in the answer siya and she filed an answer in Court but
pleading I was not yet furnished a copy of the answer.
- It can be in the body or caption, Ngayon sabi ni Ms. A, Judge mali po yung
everything jurisdiction dapat po RTC, ano ba naman kayo. So
ang ginawa ko, actually di naman talaga 1
What is a formal amendment? million, Ms. A., 100 thousand lang pinataas ko
those that do not go into the material allegations lang. Can I still amend it as a matter of right in
of the complaint. It will not affect the material order to vest jurisdiction with the MTC?

38 | P a g e
Yes, you can amend as a matter of right in order yung ebidensya. It is deemed part of the
to right the issue of jurisdiction as long as there is records.
no service of the answer yet kahit nakapagfile na - But if there is an objection, there is a need
ng answer. to amend. This should be with leave of
court. It is discretionary upon the court if
You already served me a copy with a copy of your it would admit the amendment or not.
answer, can I still amend so the jurisdiction will
remain with the MTC? When is the amendment no longer a matter of
No, it cannot be amended as a matter of right right?
When a responsive pleading has already been
If I file a motion, with leave of court, to amend to served.
change the amount from 1 million to 100
thousand? If a responsive pleading has already been served
No, because in the first place the court has no and the plaintiff would still want to amend the
jurisdiction over your cause of action. kasi pag complaint, what should he do?
ginawa yun ng court, it is as if the court is He should file a motion to amend with leave of
exercising jurisdiction. E wala nga jurisdiction sa court.
1 million.
Usually, when you file a Motion with leave of
Remember, if you want to amend or cure court to admit the amended pleading, i-aatach mo
jurisdiction, do it as a matter of right before an na yung amended pleading. Paano makikita ng
answer is served. But thereafter, even with leave court kung ano yung inamend niya ditto?
of court, you can no longer amend it for purposes The amended portion must be underlined for easy
of curing the defect in jurisdiction. Why not? identification.
Jurisdiction over the subject matter is conferred
by law not by consent of the parties not even by I obtained a loan from you in the amount of
the court 1million pesos and I executed a promissory note
(PN) and I issued a postdated check. In the PN, I
In the same situation I filed a complaint, si A promised to pay you 1 million pesos plus 12%
instead of an Answer filed a Motion to Dismiss on interest on March 30, 2015. January ko inutang.
the ground of lack jurisdiction, sabi niya 1million Nabalitaan mo na I’ll go on Sabbatical leave for 6
dapat RTC yan hindi MTC. Ang ginawa ko, I months. In February 18, you wrote me a demand
amended my complaint ginawa ko ng 100 letter for me to pay. Kailangan before Chinese
thousand. Can the amendment still be made as a New Year makabayad si Judge, hindi ako
matter of right when there is already a Motion to nakabayad. You filed a complaint for collection of
Dismiss filed? sum of money against me alleging non-payment of
Yes, because motion to dismiss is not a responsive obligation despite demand. Nagfile ngayon ako ng
pleading. answer, the ground for my answer is “I do not
deny that I owe you 1 million pesos with an
In a case for collection of sum of money, the affirmative defense that you have no cause of
plaintiff is claiming his 2 million pesos. During action against me because the obligation is not yet
trial, the plaintiff presented evidence several due and demandable. The obligation will mature
promissory notes that when summed up, the total on March 30 and it is only February 28.”
claim would be 20 million and not 2 million as The complaint will be dismissed for lack of cause
claimed in the Complaint. Is there a need for the of action
Plaintiff to amend his complaint so that based on
the promissory notes, the claim of 2 million pesos Now, you waited until March 31, you filed a
would be amended to 20 million pesos? Can you motion with leave of court to admit the amended
please read Section 5 of Rule 10. complaint. Inamend mo yung date, March 31 di pa
Under Section 5 of Rule 10, there are two din nababayaran yung obligation. As the judge,
situations will you allow the amendment? Will an
- There is no objection on the part of the amendment cure lack of cause of action?
defendant. Natutulog siguro ang lawyer No. Never because an action prematurely filed is a
niya, hindi niya naiisip na pag tinotal, groundless suit.
there is no need to amend kasi pasok na - Case of Swagman

39 | P a g e
What is a supplementary pleading? that but you are not confessing anything.
Add allegations or statements in the pleading the Factual lang inaadmit.
circumstances of which happened after the filing
of the pleading. What is an extrajudicial admission?

How about an amendment? When you file pleadings be careful because it is

The amendment pertains to allegations, considered as a judicial admission. You filed a
circumstance or fact which happened before the complaint in Court but you are still saying that it
filing of the pleading. is still an extrajudicial admission. Why so?

Dun sa Swagman Case, hindi pwede yung What is the period within which to file the
amendment, pwede kaya ang supplemental answer?
pleading? Kasi nagdue siya after the filing of the Within 15 days from the service of summon.
pleading.
No because what is there to supplement if you Let us say that the defendant is a private juridical
have a groundless suit. entity (foreign corporation), dinemanda mo dito,
within what period should that corporation file an
In filing a supplemental pleading, is the answer?
admission of that supplemental pleading - If it has a resident agent, within 15 days
discretionary upon the court? after service of summons
Yes, that’s why it should be accompanied with - If it has no resident agent but has an
leave of court and should be heard also. agent/officer in the Philippines, within 15
days after service of summons to said
If the plaintiff filed an amended complaint, should agent or officer
the defendant file an amended answer to the - No resident agent nor agent/officer in the
amended complaint? Philippines. Within 30 days after receipt
Yes, that is required lalo na kung yung isa specific of summons by the home office of the
performance yung isa collection for sum of money. foreign private entity
Otherwise, pwede ka ma-declare in default.
Under Sec 2, Rule 11, if summons is served on the
How about in a Supplemental Complaint? government official… ano ba itong government
In a supplemental complaint, the defendant is not official na ito?
required to file an answer. But what if there are Securities and Exchange Commission (SEC)
allegations of new matter, you need to file an
answer especially if an actionable document has Sa SEC pinadala ng Court yung summons, within
been alleged in the Supplemental Pleading what period must the Corporation file the answer?
within 30 days after receipt of summons by the
In the Answer, the defendant admitted that the home office of the foreign corporation
plaintiff is his agent and he is paying his salaries
monthly and commission to his agent per Now, an amended complaint, within what period
transaction. The defendant amended his Answer, must the answer be filed?
the allegation that remained is that the plaintiff is - Within 15 days from service of amended
an agent in a commission basis. Natanggal na complaint, if the amendment is a matter of
yung allegation na he is paying the salary. What right. There is no need to serve summons in
is now the effect of the amended pleading on the the amended complaint because the court
original complaint? already acquired jurisdictions
The original pleading is superseded. - If the amendment is not a matter of right,
the answer must be filed within 10 days
What is now the effect of the allegations na una from the order admitting the amended
agent on commission and salary basis? complaint
- The statements are considered as an
admission. Counterclaim or cross-claim?
- Confession is different from admission. In Within 10 days from service
confession, you are accepting your liability,
ako ang may kasalanan kaya nabangga. A reply, if necessary, within what period?
Admission ako po ang nagddrive, you admit Within 10 days from receipt of answer
40 | P a g e
 Let us say that the court granted the motion for a
Third party complaint, would you treat that as an bill of particulars and the plaintiff did not comply,
original complaint? what is the consequence of that?
Within 15 days from service of summons The portions of the pleading to which the order
was directed may be stricken out of the pleading
RULE 12: BILL OF PARTICULARS and the complaint will be dismissed for non-
compliance with a valid order of the court
What is the purpose of a Bill of Particulars?
- Normally, it is a defendant who moves for a What if it is the defendant who failed to comply
bill of particulars so that he could with the bill of particulars?
intelligently file an answer. Or, if there is an - The entire answer will be stricken off and if
answer filed, the plaintiff if he wants to file he has a counterclaim, it will be dismissed.
a reply he may move for a bill of particulars - If the answer is stricken off, it would result
on the answer to Default
- In a motion for a bill of particulars, the
defendant is asking for a definite statement It is called Bill of Particulars because bill means it
of allegations in the Complaint. Kasi sabi has to be detailed, every detail.
niya, napaka vague ng complaint paano ko Let us say that the Court ordered for a Bill of
ito sasagutin. Particulars, the Plaintiff complied, will that now
form part of the pleading?
In the case of Republic v. Sandiganbayan, what is Yes, the bill of particulars will form part of the
the allegation in the Complaint there? Ano yung pleading to which it is intended. Kung complaint,
allegation against the Marcoses? part na yan ng complaint. Kung sa answer, part
The allegation was that Marcoses acted in an na yan ng answer.
unlawful concert in illegally amassing the assets
and funds disproportionate to their income. When is a Bill of Particulars not allowed?
For example, you alleged in the complaint that I
Kung ikaw yung defendant, masasagot mo bay acted with malice and bad faith. Nagfile ako
un? How can you make a specific denial on that? ngayon ng motion for bill of particulars to specify
The SC sustained the motion for bill of particulars what is this malice and bad faith. It will not be
filed by Bongbong Marcos because there is no granted because malice and bad faith is never
specific allegation on how they acted in unlawful generally made.
concert, anong extent, the time frame? Verbosity
is not enough. It is not an allegation of particular Plaintiff alleged that the plaintiff and defendant
facts. How could the defendant file an answer if entered into a contract of sale. Now I filed a bill of
the allegations are all motherhood statements particular to specify when I signed the contract of
sale. Can the Court grant the motion to file a Bill
of particulars? If it is within the knowledge of the
What is the requirement in the manner of alleging one asking for a bill of particulars, it will be
fraud? denied by the Court.
Should be stated with particularity, the date, time
and how it was committed RULE 13

Halimbawa you are the guardian of a minor and With respect to filing of pleadings, what do you
you were entrusted with his property. The mean by filing?
relatives filed an action to terminate the Filing is the act of presenting the pleading or
guardianship on the ground that the guardian other paper to the clerk of court.
violated the fiduciary relationship.
- State what duties the guardian violated So dinadala mo sa court, pinapareceive mo.

What are the requirements for the motion? What is service?

- Set forth the defects Service is the act of providing a party with a copy
- Paragraphs wherein they are contained of the pleading or paper concerned.
- Details desired
If you are a plaintiff, you serve a copy of the
pleading to the defendant.
41 | P a g e
 Yun lang ang ina-allow under the judicial
If you are the defendant, you serve the copy of the affidavit rule. So you please read the judicial
pleading to the plaintiff. affidavit rule.

If the party is represented by a counsel, to who Note on the Judicial Affidavit Rule
should the service be made? The Rule specifies only two manners of service or
It should be made to the counsel of the party, filing of the affidavit: by personal service or by
unless service upon the party himself is ordered licensed courier service. It is interesting that
by the court. there is no express mention of “registered mail”
and it is logical that the term “courier service”
If the party is represented by a counsel and the does not refer to, and does not include, registered
service was made to the party and not to the mail. The purpose of the Rule is to expedite cases
lawyer, is there a proper service? and there can be no reliance on the presumptive
None. It is a nullity. receipt by reason of registered mail.

You should serve it to the counsel; otherwise the What are the papers required to be filed and
lawyer is not bound by the service on the party. served?
What are the modes of filing of pleading? 1. Judgment
1. By Personal filing – by presenting the 2. Order
original copies personally to the clerk of 3. Resolution
court. 4. Pleadings subsequent to the complaint
2. By Registered Mail 5. Written motion
6. Notices
Can it be done by ordinary mail? 7. Appearances
No. It cannot be done by ordinary mail. 8. Demands
9. Offers of judgment
10. Similar papers
If filing is done by registered mail, when is it
deemed filed? What are Modes of Service of pleadings?
It is deemed filed on the date of mailing. 1. Personally; or
2. By mail
If I filed my pleading through registered mail and a. Registered Mail
mailed it on February 24. It was received by the b. Ordinary Mai - if no register
court on March 15, when is it deemed filed? service is available in the locality
It is deemed filed on February 24. of either the sender or the
addressee.
Let us say that it was not by registered mail. It 3. Substituted service
was made by ordinary mail today and the court
received it on March 15, when is it deemed filed? What if there are no available services of
On March 15. registered mail in the area?
Service may be made thru an ordinary mail if no
Pina-LBC ko ang answer ko today, nareceive ng registry service is available in the locality of
court kinabukasan, when is it considered deemed either the sender or the addressee.
filed?
It is deemed filed on the date when the court Filing has 2 modes: Personal and registered mail;
received it. while Service has 3 modes: personal, mail and
substituted service.
Remember that filing by ordinary mail and by How is personal service done?
private courier are not recognized by the rules. If Ideal way is personally delivering it to the lawyer.
you file them thru the registered mail, then we If the lawyer is not in the office, service may be
apply the rule that the actual date of filing is the made by leaving the papers to the receiving clerk.
date of mailing.
If there is no person in the office or the lawyer has
But I would like to point out that under the no office, where it is served personally?
judicial affidavit rule; the rule allows filing and The requirement is complied with by leaving the
service of judicial affidavits by private courier. copy between 8 am and 6pm at the party’s or
42 | P a g e
counsel’s residence, if known, with a person of You go to the Registry of Deeds and show there
sufficient age and discretion residing therein. the copy of the complaint showing the pending
action in relation to the property.
What is the preferred mode of service? What is the purpose of Notice of Lis Pendens?
Personal service. It serves as the constructive notice to the whole
world that there is a pending action involving the
How is substituted service done? real property.
It may be done if service cannot be made under
the two modes (personal and registered mail). If the notice of lis pendens has been recorded, how
can it be cancelled?
It is done by delivering the copy to the clerk of It may be cancelled only upon the order of the
court, with proof of failure of both personal service court, after proper showing that the notice is for
and service by mail. the purpose of molesting the adverse party, or
Personal service is preferred by the Rules for the that it is not necessary to protect the rights of the
expeditious disposition of case. But what if you party who caused it to be recorded.
need to avail of the other modes like service by
mail or substituted service, what is the Only through a court order, kaya may mga
requirement of the rule? complaint na cancellation of the notice of lis
pendens, it can only be made through the order of
What is the requirement under the Sec 11 Rule the court. It cannot be administrative.
13?
Whenever practicable, the service and filing of
pleadings and other papers shall be done RULE 14. SUMMONS
personally. Except with respect to papers What is summons?
emanating from the court, a resort to other modes It is a writ by which a defendant is notified of the
must be accompanied by a written explanation action brought against him.
why the service or filing was not done personally.
(Sec 11, Rule 13) You only issue summons against the defendant
and not to the plaintiff.
What must be the reason given by the lawyer?
a. Due to lack of manpower Summons is very important because without
b. Due to distance summons, how could the issues be joined? How
could the defendant know that there is a case
When is service by mail deemed complete? against him and that he has to file an answer?
If by Registered mail – it is deemed complete upon Summons is singular and the plural is
the actual receipt by the addressee or after 5 days summonses.
from the date he received the first notice of the
postmaster, whichever is earlier. Who issues summons?
(after 5 days, it is deemed received and complete) The clerk of court.

If by Ordinary mail – upon the expiration of 10 What is the purpose of summons?

days after mailing, unless the court otherwise So that jurisdiction may be acquired over the
provides. person of the defendant.

What is a notice of lis pendens? Is the acquisition of jurisdiction over the person of
It is a notice of a pendency of the action between the defendant mandatory in all kinds of action?
the parties involving title to or right of possession No. It is mandatory only in action in personam. It
over real property. is not necessary in action in rem and quasi in rem.

What kind of action is pending? Why it is still issued with respect to the purpose
Real action. So notice of a pending real action. of recovery of ownership over a parcel of land?
For the purpose of compliance to the rules of
Where do you record this notice? procedure.
In the Registry of Deeds of the place where the
property is located.

43 | P a g e
What particular right of the defendant would be What if there is failure of service of summons,
served if summons is issued even though the should it be reflected in the return?
action is an action in rem? Yes.
Right to due process.
If there was failure to serve summons or the
So the court can continue hearing the case even if summons originally issued was improperly served
it is an action in rem or quasi in rem because the by the sheriff, what should the court do?
court has acquired jurisdiction over the res or the In that case, the clerk of court may issue an alias
thing in litigation. Kahit hindi na umappear ang summons, upon the order of the court.
defendant. But for purposes of the right to due
process, para ma-explain naman nya ang side nya An alias summons, meaning the original
and can set up defenses. summons did not produce the effect, improperly
served or there was ineffective service.
What must summons contain?
a. The name of the court and the name of the What are the different modes of service of
parties to the action; summons?
b. A direction that the defendant answer 1. Service in person on defendant*
within the time fixed by the Rules; *note: under the present rules, Rule
c. A notice that unless the defendant so 14, Sec 6 refers to the mode of service
answers, plaintiff will take judgment by therein as “Service in person on
default and may be granted the relief defendant,” not ‘personal service.’ The
applied for. latter is a mode of by which pleadings,
motions, notices, orders, judgments and
What is the effect if there is no copy of complaint other papers are served under Rule 13,
attached to the summons? Sec 6.
The service of summons is void. The defendant 2. Substituted Service
would not know how he should set up his 3. Publication
defenses.
Summons cannot be served by registered mail.
Who serves summons? These modes are exclusive. If service of summons
a. Sheriff is made by registered mail, it is not proper, it is
b. His deputy invalid.
c. Other proper court officer
d. For justifiable reasons, by any suitable How is service in person on defendant effected?
person authorized by the court issuing the a. By handing a copy of summons to the
summons defendant in person; or
b. By tendering it to him, if he refuses to
What is the duty of the sheriff or the one who receive and sign for it.
serves the summons?
The server shall, within 5 days after the How do you tender it?
completion of service, serve a copy of the return, By presenting it and if he still refuses then by
personally or by registered mail, to the plaintiff’s leaving it to him.
counsel, and shall return the summons to the
clerk who issued it, accompanied by the proof of When may substituted service be availed of?
service. Only when service in person on defendant cannot
be made within a reasonable time, substituted
What should the return contain? service of summons may be effected. (Sec 7, Rule
a. It contain the manner, place, and date of 14)
service;
b. It shall specify the papers which have What are the requisites of a valid substituted
been served with the process and the service of summons?
name of the person who received it. a. Impossibility of personal service within
c. It shall be sworn to when made by a the reasonable time
person other than a sheriff or his deputy. b. Specify the efforts exerted to locate the
party/defendant

44 | P a g e
 c. State that the summons was served upon For substituted service of summons to be
a person of sufficient age and discretion available. There must be several attempts by the
residing in the address, or who is in sheriff to personally serve the summons within a
charge of the office or regular place of reasonable period [of one month] which eventually
business, of the defendant. (Jose v. Boyon, resulted in failure to prove impossibility of prompt
Oct 23, 2003) service.

If there is a failure to validly serve summons “Several attempt” means at least three (3) tries
through a substituted service, what will be the preferably on at least two different dates within
consequence? the span of 1 month.
The proceedings will be void because the court did
not acquire jurisdiction over the person of the These matters should be indicated in the return.
defendant. Everything should be detailed in the return, what
are the efforts.
These are mandatory requirements. The sheriff
should comply with all these requisites. Kasi If the substituted service is done at the residence,
kahit isa lang ang di comply na requisite, the to who should summons be served?
service of summons is void na, di na valid. To the person of:
Because the rule is very strict on substituted (a) sufficient age and discretion;
service summons. Because, the preferred mode (b) Residing in that address;
really is personal. Substituted service is in (c) With a relation of confidence to the defendant.
derogation of personal service, the preferred mode
of service by the rules. What is suitable age?
A person of suitable age and discretion is:
When there is invalid service of summons, then a. One who has attained the age of full legal
any judgment of the court will be void on capacity (18 years old), and
jurisdictional grounds. b. Considered to have enough discernment to
understand the importance of a summons.
How did the Supreme Court interpret “reasonable
time”? Discretion is defined as “the ability to make
Reasonable time is defined as so much time as is decisions which represent a responsible choice and
necessary under the circumstances for a for which an understanding of what is and for
reasonably prudent and diligent man to do, which an understanding of what is lawful, right or
conveniently, what the contract or duty requires wise may be presupposed.”
that should be done, having regard for the rights
and possibility of loss, if any, to the other party. Is the service of summons to the security guard a
valid substituted service?
Under the Rules, the service of summons has no Use the requisites. You have to prove that. Is
set period. there a relation of confidence?

To the sheriff, “reasonable time” means 15 to 30 Can the summons be validly served to the maid?
days because at the end of the month, it is a Still use the requisites. Does the maid understand
practice for the branch clerk of court to require what summons is?
the sheriff to submit a return of the summons
assigned to the sheriff for service. If substituted service will be done at defendant’s
office or regular place of business, what is the
Reasonable time has been discussed by the rule?
Supreme Court in the case of Imee Manotoc v. CA. Summons must be served on a ‘competent person
Reasonable time is 1 month. Because every in charge of the place.’ Thus, the person on whom
month, the sheriff submits a Sheriff’s Return. If substituted service will be made must be the one
after 1 month, if personal service cannot still be managing the office or business of defendant, such
effected, then there will be substituted service , as the president or manager; and such individual
provided that the other requisites has been must have sufficient knowledge to understand the
complied with. obligation of the defendant in the summons, its
importance, and the prejudicial effects arising

45 | P a g e
from inaction on summons. (Manotoc v. CA. secretaries. It must be the corporate secretaries. It
August 16, 2006) must be the in-house counsel, not a retainer.
e. Foreign Corporation or partnership or
Remember, the defendant here is an individual Juridical Entity
and not the corporation. Iba ang rule sa a. With or Without a License
corporation. i. To a resident agent
designated in accordance
Persons who constituted themselves as a with law for that purpose;
corporation or partnership but not registered in ii. On the government official
the SEC can be sued as defendants but they designated by law to that
cannot sue. Can summons be served upon the effect, if there be no such
corporation? agent; or
NO. iii. On any of its officers or
agents within the
To whom summons must be served? Philippines.
It can be served to any of the parties who
constituted themselves as a corporation or If there is a resident agent, can the service of
partnership. summons be made to the government official
(SEC) or other officers?
Anyone can be served summons and service of one No. It must be the resident agent designated in
will bind the other parties. accordance with the law. The other two can only
become options in the absence of the resident
How is service made upon the following agent.
defendants?
a. Prisoner - To the Jail Warden. How is summons be served to the John Doe or
b. Minors - To the minor regardless of his Jane Doe defendants, whose identity or
age, and upon his legal guardian, or also whereabouts are unknown?
upon his parents. By Publication.
c. Incompetents - To him personally and
upon his legal guardian, but not upon his How many times the publication be made?
parents, unless, obviously, when they are It is discretionary upon the court.
his legal guardians.
Service of summons by publication, does this
*in any event, if the minor or apply to all kinds of actions?
incompetent has no legal guardian, the No. It applies only to the actions in rem and quasi
plaintiff must obtain the appointment of a in rem. Because the action in personam must be
guardian ad litem for him. served personally or substituted service.
d. Domestic Corporation or Partnership or
Juridical entity Summons by publication, with leave of court,
Service may be made upon the however, against a resident in an action in
following persons: personam is permissible under the conditions set
i. President forth in the following rules:
ii. Managing Partner a. Where the identity or whereabouts of the
iii. General manager defendants are unknown (Rule 14, Sec 14)
iv. Corporate secretary b. When the defendant is a resident
v. Treasurer, or temporarily out of the Philippines. (Rule
vi. In-house counsel. 14, Sec 14)

The enumeration is exclusive. How can summons be served upon a non-resident

defendant who is not found in the Philippines?
In the case of EB Villarosa Partners, ltd. V, (sec 15, Rule 14)
Benito(?), summons was served on the Branch It may be filed by
Manager, is there a valid service of summons? (a) Publication in a newspaper of general
None. Because it is not one of those enumerated circulation;
by law. The enumeration is exclusive. Not all (b)Personal service out of the country
managers can receive service of summons. Not all [extraterritorial service];
46 | P a g e
 (c) In any other manner the court may deem What are the actions where these modes of service
sufficient. are allowed or applicable?
Actions in rem and quasi in rem
Can these modes of service be done in all kinds of
actions? Remember, ito ay resident defendant kaya lang
No, it can only be done in the specific actions, temporarily out of the country gaya ng mga OFW,
which are either in rem or quasi in rem: seaman o mga nagbabakasyon.
(1) Actions which affect the personal status of
the plaintiff, or Question, pwede ba substituted service (doon sa
(2) Actions which relates to, or the subject of residence)?
which is property within the Philippine, in Yes, as long as there is a person of sufficient age
which the defendant has or claims a lien or and discretion. Kaysa naman gagastos ka pa ng
interest, actual or contingent, or extraterritorial service or ng publication, try the
(3) Actions in which the relief demanded substituted service. Because, even if he is abroad,
consists, wholly or in part, in excluding the temporary lang.
defendant from any interest therein, or
(4) The property of the defendant has been What are the instances when service of summons
attached within the Philippines. by publication is allowed? [Rule 14 Sec 14, 15 , 16]
Under Sec 14: Any action where the defendant is
If you would notice, the first three are actions in designated as an unknown owner, or the like, or
rem. The fourth one is quasi in rem. It was whenever his whereabouts are unknown and
originally an action in personam but when that cannot be ascertained by diligent inquiry.
properties has been attached, the action was
converted into action quasi in rem. Under Sec 15: When the defendant does not
reside and is not found in the Philippines.
If the action is personam, the extraterritorial
service and publication are not applicable. Under Sec 16: A defendant who ordinarily
resides within the Philippines, but who is
If the action is in personam, summons must be temporarily out of it.
served within the Philipppines. It cannot be
served outside the country. For example, a But, the actions should be action in rem or quasi
complaint was filed for collection for sum of in rem.
money, and the defendant is outside the country.
The summons was served outside the country, is How is jurisdiction over the person of the
there a valid service? defendant acquired?
No. The action is in personam. 1. Valid service of Summons.
2. Voluntary Appearance to the court [Sec
What are modes of Extraterritorial service of 20, Rule 14]
Summons?
1. By publication in a newspaper of general Is voluntary appearance on the part of the
circulation in such places and for such time defendant equivalent of service of summons?
as the court may order, in which case a copy Yes.
of the summons and the order of the court
shall be sent by registered mail to the last What is the effect of the voluntary appearance of
known address of the defendant the defendant to the court?
2. By personal service out of the country
[action in rem and quasi in rem] GR: The defendant’s voluntary appearance shall
What if resident defendant but temporarily out of be equivalent to service of summons and the
the country, what are the modes of Service? consequent submission of one’s person to the
1. Personal service out of the country [with jurisdiction of the court (Sec. 20, Rule 14).
leave of court]
a. So kung nasa Saudi, doon mo Note: Voluntary appearance cures the defect in
papupuntahin si sheriff or thru the service of summons.
embassy ng Pilipinas doon.
2. By publication XPN: Special appearance in court to challenge its
jurisdiction over the person of the defendant and
47 | P a g e
the inclusion in a motion to dismiss of other And then the service must be made in not less
grounds shall not be deemed a voluntary than 3 days before the scheduled hearing.
appearance (Sec. 20, Rule 15; La Naval Drug
Corp. v. CA, G.R. No. 103200, Aug. 31, 1994). So the notice, it must be ensured that the other
party would be notified of the hearing on the
When is there a voluntary appearance? motion at least three days before the scheduled
When the defendant appears before the court and hearing. There must be a notice of hearing, the
files an answer or the defendant file pleadings three-day notice rule, and…
seeking for relief. Except, when it is to question It should also contain the time and date of the
the jurisdiction on your person. hearing which shall not be more than 10 days
after filing and…
Rule 15 :Motion
And the most important after notifying or serving
Is a motion a pleading? the other party after giving the copy of the motion,
No. so that the motion will be heard. So those are the
mandatory requirements, there must be
What is a motion? compliance with the three-day notice rule, the
A motion is an application for relief other than by motion must be set for hearing and the other
a pleading. party must be served with a copy of the motion.

If these were not complied with, what is the effect

of non-compliance?
What is the form of motions? If these are not complied with, then the motion
Generally it is written except those made in will be a mere scrap of paper and the motion will
hearing or trial. have no effect.

So during a hearing, parties or lawyers can make The court even has no authority to act on the
oral motions, and you see nothing wrong with that motion or to receive the motion. That’s why I tell
because the other party is present, you may my clerk , kung walang notice of hearing, and the
object, so the requirement with due process is other party has not been served, wala yung
complied with. nakalagay na registry card, do not accept the
motion.
What are the mandatory requirements for
motions? Now, a motion maybe litigated and ex-parte.
The mandatory requirements for motions are What is a litigated motion and what is an ex-parte
provided for under Secs. 4, 5, and 6 of Rule 15. motion?
A litigated motion is a motion which requires the
A motion must contain the following: the relief parties to be heard before it is acted upon by the
sought, the ground on which it is based and the court.
supporting affidavits and other papers. So the parties must be heard before it is acted
upon by the court, why?
So, those are the contents of a motion, assuming Because the litigated motion, it covers matters on
that you have a motion to dismiss, the grounds for substantial rights of the parties.
a motion to dismiss are there, what are your
reliefs, and the supporting affidavits, what should It might prejudice the party and would violate the
come with that motion when you file it in court, right to due process if the motion was not heard.
what are the requirements so that the motion will And an ex-parte motion?
not be treated as a mere scrap of paper and will An ex-parte motion, on the other hand, is one
not be considered a pro forma motion? which does not require the parties to be heard
It must comply with the rules that the copy of the because it may be acted upon by the court without
motion must be sent to the party. prejudicing the rights of the parties.

So, the other party must be furnished or must be Can you give me an example of a litigated motion?
served with a copy of the motion, so there must be An example would be a motion for summary
service provided for under Sec.6, that is judgment.
mandatory.
48 | P a g e
Others are a motion to amend a pleading, a stage of the proceedings. But the motion to
motion to dismiss. dismiss now should be with leave of court, if you
file it after the period of filing the answer.
An ex-parte motion.
The court may dismiss an action even without the
The motion to extend time to file an answer. motion on the grounds of prescription, res
judicata, lack of jurisdiction over the subject
A motion to admit an answer filed late is a matter and litis pendentia. So as a rule, the court
litigated motion because the time has already cannot on its own dismiss a case except those four
lapsed and you are asking the court for indulgence ground as clearly provide for under Sec.1 of Rule
to admit your answer and the other party must be 9.
heard.
When the defendant files a motion to dismiss the
A motion to set case for pre-trial is an ex-parte pleading , what is the effect of filing a motion to
motion. dismiss, with respect to the material allegations?
The filing of the motion to dismiss has the effect of
What is an omnibus motion rule? hypothetically admitting the material allegations.
An omnibus motion provides that a motion which
attacks a pleading, judgment or order must What do you mean by hypothetical admissions?
contain in it all the available objections otherwise It is considered that it is as if they are admitting
if it is not included then it will be deemed waived. what has been alleged.

As we have studied under Rule 9, you must set-up The material allegations, however you set forth
all your objections in a motion to dismiss, the truth of your objections or defenses. Now, you
otherwise it is deemed waived. Except what are said a while ago that a motion to dismiss is a
those that are not deemed waived? litigated motion, so it must be heard and during
Lack of jurisdiction over the subject matter, Litis the hearing on the motion to dismiss, may there
pendentia, Res Judicata and prescription. be presentation of evidence during the hearing on
a motion to dismiss?
Give me an example of an omnibus motion.
An example would be motion to dismiss. (The best Let us say for example that your ground for a
and ultimate example). motion to dismiss in a complaint filed for a
collection of sum of money is payment , so you in
Rule 16: Motion to Dismiss your motion to dismiss, you allege that there has
been payment, and in fact there was an official
Within what time must the motion to dismiss be receipt.
filed?
The motion to dismiss is filed within the period for Yes mam, the court may allow presentation of
filing the answer but before the answer is filed. evidence.

So within what period the answer must be filed? And it is very clear under Sec. 2 Rule 16, hearing
Within 15 days from service of summons. on the motion, that the parties may be heard or
their arguments with respect to a legal question
As a rule because there is the 30-day, so within or parties may present evidence on factual issues.
that period to file an answer, a motion to dismiss So there maybe a hearing and presentation of
may be filed on any of the 1o grounds under Sec.1 evidence in a motion to dismiss, especially
Rule 16. extinguishment. How can you prove the
allegations. Now. There are 10 grounds under rule
What if there is no motion to dismiss filed during 16 for the dismissal.
the period for filing an answer , can a party still 1.) Lack of jurisdiction over the subject matter.
file a motion to dismiss? Even beyond the period - It is conferred by law and cannot be
to file an answer? subject to stipulations by the parties.
A motion to dismiss maybe filed even beyond the - Jursidiction can be attacked at any
period for filing an answer if the grounds like lack stage of the proceedings and The Tijam
of jurisdiction, litis pendentia, res judicata and vs Siboghanoy case is the exception.
prescription. And in fact, you can raise this at any
49 | P a g e
 2.) Litis pendentia The defendant here and by virtue of a fake title ,
- That there is a pending case involving . so ngayon ipa-eject mo tapos kwestiyonin mo ung
- Elements: ownership. Now. The MeTC, for the example, why
 There must be identity of the are you ejecting the defendant when there is an
parties. ( It does not require existing contract of lease. Kaya siya nananatili,
absolute identity only community or sabi ng MTC, this defendant cannot be ejected
privity of interest. from the premises because there is a subsisting
 Identity of the reliefs sought based contract of lease, so he has the right to possess.
on the same facts. Ngayon in the RTC , plaintiff he still questions
 Identity of the matters such that the the right of the defendant to occupy the property.
resolution of other would amount to Can she still do that.
res judicata. No. Because that issue has already been resolved.
The decision has become final and executory,
hindi pa nag-eexpire but the ownership may res
3.) Res Judicata judicata ba? Wala. So the defendant has the right
- There is res judicata when the same to materially possess and occupy the property but
action has already been decided in hindi siya yung owner.
another action which should bar the said In your property, you study this.
action. You might be the owner, but you
2 Concepts: have no right to possess in the
 Bar by prior judgment (Rule 39 sec. mean time.
47 par. A and B) So in that case, yung point ng
possession hindi na irere-litigate kasi
There is bar by prior judgment if pwede pa siayng manatili that is
the same cause of action has conclusiveness of judgment, per issue.
already been decided in a prior
case which covers the same 4.) Venue improperly laid.
matters. - The court cannot dismiss the case
outright the action based on this
Ex: Collection of sum of money, ground, there has to be a motion.
tapos nag-file ka rin ng sum of - The court cannot motu propio dismiss
collection of money for 10M then the case under this ground because
dito sa isa nag-file ka din specific this is not jurisdictional and can even
performance with damages under be agreed upon by the parties.
the same contract for 10M.
5.) Failure to state a cause of action
 Conclusiveness of Judgment - The court must consider the
It is provided for under Rule 39 allegations in determining whether it
sec. 47 par. c which we will study states a cause of action.
on execution of judgment. Ex: Action for unlawful detainer
It pertains that the issues that (based on sample complaint)
were resolved in a case they may
not be taken up in another case. Determine the elements of a cause of action. The
right; the legal obligation to respect that right and
Ex: (Situation) the violation of the said right.

You filed an ejectment case. What is the issue in That the plaintiff is the owner of an apartment
an ejectment case? (establishes right as an owner)
Material Possession.
That the respondent must pay P5000 every month
At the same time you also filed an action for (obligation on part of respondent)
cancellation of title and reconveyance (recovery of
ownership) at the RTC, what is the issue there? That the defendant failed to pay monthly rental
Ownership. despite demand. (establish the violation of the
right of the owner.)

50 | P a g e
Relief sought: To vacate and pay the rentals. But there was no attachment of
promissory note.
The said complaint with the given allegations What if the allegation is P1,000,000
states a cause of action. and you have already paid P500,000.
The remaining amount is P500,000.
If we remove the allegation of demand to pay and Can you still file a motion to dismiss
vacate, it will fail to state a cause of action by reason of unenforceability?
because in an unlawful detainer case, there must Not anymore because there has
be demand, because without demand, the already been partial compliance .
violation is not triggered yet. Statute of Frauds will only apply if the
contract is purely executory.
If we remove the allegation that the defendant
failed to pay, it will also fail to state a cause of
action, same if we remove the allegation that he is
the owner because there will be no legal right
violated in that case. 9.) Prescription
- The action has already prescribed.
So to determine whether the complaint states a
cause of action, you must only determine it within In an unlawful detainer action. What is the
the four corners of the complaint. prescriptive period?
Within one year, after demand. Beyond that
The judge cannot require the presentation of period you cannot anymore file an accion
evidence in a motion to dismiss based on failure to interdictal, you may only file in that case an
state a cause of action. accion publiciana and the jurisdiction is different.
6.) Extinguishment of the obligation
Modes: 10.) That there is lack of cause of action
a.) Payment - Lack of cause of action in itself is a
b.) Condonation or remission ground for a motion to dismiss.
c.) Merger or confusion
d.) Loss of the thing due Distinguish Lack of Cause of Action from
e.) Novation Failure to State a Cause of Action:

7.) Failure to comply with the condition Lack of cause of action- There is no cause
precedent of action because there is no injury. (ex. In
It is important to alleged this, otherwise it the case of Swagman Hotels when the
will be dismissed for non-compliance. action is filed before the debt has become
Examples: due and demandable.)
a.) Going through the barangay
conciliations if the case is covered by Failure to state a cause action
the Katarungang Pambarangay Law. Nagpautang ako sa iyon ng 1M , and then
Note: If the defendant do not question I alleged you have executed a promissory
that, it will be deemed waived. This is note but I did not allege when is the
not jurisdictional. obligation due, ang sinabi ko may utang
b.) Exhaustion of administrative ka sa akin, nag-execute ka ng promissory
remedies. note. Tapos hinid ka nagbayad nung
c.) Settlement or compromise if the siningil kita. I-allege na natin the
dispute is within the family members. obligation is due on Dec. 2014, pero hindi
ako nag-allege doon na nagdemand ako sa
8.) That it is unenforceable under the Statute iyo ng payment.
of Frauds.
It means the contract is unenforceable There is a cause of action but not being
because it was not made in writing. able to allege that I demand payment from
Example: (situation) you, then there is failure to state a cause
I filed a complaint against you for of action.
collection of sum of money for P500.

51 | P a g e
 8.) Lack of jurisdiction over the person of appeal, para makita ng court of appeals na you
the defendant are not waiving your objection, na-deny man
- Jurisdiction over the person of the yung motion, i- set up mo pa rin as affirmative
defendant is validly acquired through defenses kasi kung hindi mo na siya iseset-up as
valid service of summons and through answer, wi-naïve mo na yun. The denial of motion
voluntary appearance which is equivalent to dismiss lalo na kung lack of jurisdiction over
to service of summons. the subject matter, litis pendentia, you can raise
- This must be challenged in a motion to that.
dismiss or as an affirmative defense in an
answer otherwise, it will be deemed Under Rule 16, who files the motion to dismiss?
waived. The defendant.

9.) The plaintiff does not possess the legal Rule 17- Motion to Dismiss filed by the Plaintiff
capacity to sue
- The plaintiff lacks legal capacity to sue if Under Rule 17, at whose instance, is the motion to
the plaintiff does not possess the full dismiss filed?
exercise of his civil rights. At the plaintiff.

Those are the grounds for filing a motion to When may the dismissal of the case be made upon
dismiss. If the ground for a motion to dismiss is mere notice by the plaintiff.
not clear, the court should deny the motion. before the service of the answer or before the
service of a motion to dismiss.
If the motion to dismiss is granted, what will
happen to the complaint? The plaintiff will only file notice of dismissal to
If the motion to dismiss, then the complaint will the court. Is this a matter of right?
be dismissed. Yes mam.

What then is the remedy of the plaintiff ? And which act operates to dismiss the case, the
The plaintiff may appeal. filing of the notice of dismissal or the order of the
court affirming the dismissal.
If the motion to dismiss filed by the defendant is The filing of notice of dismissal.
denied, so the effect is the complaint remains.
What is the ground, or grounds allowed? Under
The defendant must file his answer in the Rule 17 so that the plaintiff may dismiss the case.
complaint. Kasi Rule 16 may grounds, sa Rule 17 may notice
of dismissal ano yung ground? Go over Sec. 1. Is
If no motion to dismiss is filed within the 15-day there a ground?
period, and instead the defendant filed his answer (Read Sec. 1 Rule 17) None. There was no ground.
, eh may ground siya dapat ng motion to dismiss,
for example nakabayad na siya. Can the Is there a ground specified. None. So, it could be
defendant still raise the grounds as affirmative any ground, kahit nga walang ground eh. It does
defenses in his answer? not require any ground even if ridiculous grounds
Yes mam. because the court has no discretion. It is up to the
plaintiff because you said, it is a matter of right,
Yung ground in a motion to dismiss was improper wag lang against public policy and against public
venue, and lack of jurisdiction over the person of morals. So any ground unlike in Rule 16 andami.
the defendant, na-deny yung motion to dismiss, so
dapat mag-file ng answer yung defendant. My Now, what is the nature of dismissal? Is it with
question is, can the defendant still use the prejudice or without prejudice?
grounds and set it up as affirmative defenses in It is without prejudice,
the answer.
But you mentioned that it could be with prejudice
A: Pwede pa rin, do not give up, diba defenses and if it is now covered by the two-dismissal rule.
objection not raised in a motion to dismiss is What is now the two-dismissal rule?
deemed waived. So, kung na-deny ka sa mation to The two-dismissal rule provides that the same
dismiss, i-set-up mo parin sa answer, para during action has been previously dismissed because it
52 | P a g e
covers the same claims and it was dismissed by a So, in this case there has already been an answer,
court of competent jurisdiction. let us say the defendant has already filed a
counterclaim, and the claim of the plaintiff, will it
Let us say for example that I filed a case for a also amount to the dismissal of the counterclaim?
collection of sum of money against you before the No. the counterclaim will remain and then the
RTC of Manila, your place of residence in the defendant has the right to prosecute it in the
amount of P10 M pesos but before you can serve same or in a separate proceeding.
me a copy of the answer, I filed a notice of
dismissal, the court approved. The case was
dismissed. I refilled the case again this time at
RTC Makati, my place of residence, same cause of My question is, is there a distinction between
action, again before you could serve me the copy of compulsory and permissive counterclaim that will
your answer, nag-file na naman ako ng notice of not be dismissed. So, sabi mo hindi ma-didismiss
dismissal which the RTC Makati granted and yung counterclaim, it will remain, the defendant
confirmed. will have to manifest..anong counterclaim ang
sinasabi mo na hindi madidismiss.
Can I refile it again for the third time? Both. It may either be a compulsory or permissive,
Not anymore. Because the second dismissal is there is no distinction. They are not affected by
already considered to be a dismissal based on the the dismissal upon motion of the plaintiff.
merits with prejudice applying the two-dismissal
rule. Under Rule 17 the case could be dismissed by
reason of the fault of the plaintiff, and what are
Let us say that the amount of the obligation is the instances when the action is dismissed due to
P200, 000 only, I filed a complaint for collection of plaintiff’s fault?
sum of money before the RTC of Manila, before It may be dismissed it the 1.) Plaintiff fails to
you can serve me a copy of your answer, nag-file abide by the rules of court 2.) Plaintiff fails to obey
ako ng notice of dismissal. RTC Manila dismissed the order of the court 3.) Failure to prosecute 4.)
the case. Nag-file ako same cause of action before Failure to appear during the date of the
the MeTC of Manila, again nag-notice of dismissal presentation of evidence.
na naman ako before I was served a copy of your
answer. Dinismiss ng court, sabi ko bakit sa So naka-set for hearing today, today is the
Manila, pahihirapan ko sa Makati ako mag-file. I presentation for plaintiff’s evidence, eh ilang beses
file the case again before the MeTC of Makati. na narere-set. It could be dismissed. Or limang
Can I do that? taon na, ni-isang witness hindi pa naipre-present
Yes. Because the first two-dismissal will not ng plaintiff, failure to prosecute for unreasonable
amount to the two-dismissal rule because the first length of time.
dismissal , the court has no competent jurisdiction
since the amount of claim is P200,000, it should If the dismissal, is on any of the four grounds that
have been filed with the MeTC. you mentioned, can the court on its own even
without a motion, dismiss the case.
So the two-dismissal rule will not apply because Yes.
one of the courts that dismissed the case is
lacking jurisdiction. What is the nature of the dismissal?
With prejudice.
When is the dismissal on the part of the plaintiff
no longer a matter of right. With prejudice, failure to prosecute, meaning
When the answer has already been served or filed hidni ka nakapag-present ng evidence to prove by
or the motion for summary judgment has been preponderance of evidence your cause of , di ka
filed. dumating eh, so dismissal of action at the instance
or by reason of the plaintiff.
In that case, if the plaintiff so may answer na
ipina-dismiss na nung plaintiff, what is the Rule 18: Pre-Trial
nature of the dismissal if the court grants it?
It is without prejudice. Unless stated by the court. When is pre-trial conducted?
Pre-trial is conducted after the service of the last
pleading.
53 | P a g e
 tanong ng judge eh, what are the
What is the last pleading allowed by the rules? proposals for admission.
It is the reply. g.) To determine the propriety of rendering a
summary judgment.
Whose duty is it to set the case for pre-trial? Like what I have said, if there are no more
The plaintiff. factual issues, only legal issues, like
whether or not she is liable under the
If the plaintiff fails to move or set the pre-trial, Trust Receipts Law?
what should be done by the court?
Then, it should be the clerk of court which shall DISCUSSION ON ADR/JDR
issue the notice of a pre-trial. Submission to the Alternative Modes of Dispute
Resolution is now mandatory. It is mandated by
What is a pre-trial? the court that the parties should undergo
Pre-trial is a procedural device by which the court mediation and judicial dispute resolution.
is called upon to compel the parties and their
counsel to negotiate on an amicable settlement, or So, class we mention a while ago that after the
to the stipulations of admissions and facts filing of last pleading, the case will be set for pre-
regarding the dispute. trial upon motion of the plaintiff, if there is no
motion, the branch clerk of court will set the case
Is pre-trial mandatory? for pre-trial conference. I set the pre-trial
Yes mam. conference today, the plaintiffs and their lawyers
appeared, it is mandatory for the court to refer the
In civil, how about in criminal cases? parties to Court-Annexed Mediation (CAM) and if
Yes mam. mediation still fails, the judge will conduct
Judicial Dispute Resolution (JDR).
So, pre-trial is mandatory both in civil and
criminal cases. I would like to point out that Court-Annexed
Mediation (CAM) and JDR are part of pre-trial
What are the purposes of pre-trial? and they are alternative modes of dispute
The purposes of pre-trial are the following: resolution laid down by the Supreme Court in
a.) To allow the parties to determine the accordance with the ADR Law of 2004.
possibility of an amicable settlement or to
go through an alternative dispute So, CAM and JDR are court diversion methods in
resolution. resolving a case not through trial but through
b.) Simplification of the issues. settlement. There are three stages of court
c.) To limit the number of witnesses. diversion: Court-Annexed Mediation (CAM),
d.) To determine if there is a need to refer the Judicial Dispute Resolution (JDR) and Appeals
issues to a preliminary conference. Court Mediation.
(Ex: Accounting issue- shall be referred to
the commissioner.) Even on appeal, pwede pa ring magkaroon ng
e.) To determine if there is a possibility to mediation. Bakit ang tawga dito ay court
suspend the proceedings. diversion?
(Ex: Your honor there is a prejudicial Well, the policy of the Supreme Court now is that
question, there is a need to suspend the the judiciary should be the forum of last resort
proceedings in this case.) and should only availed of by the parties if
f.) To obtain the stipulations and admissions Alternative Dispute Resolution (ADR) was not
of facts and of documents. successful.
(Ex: Admitted I am the owner; admitted I
have an obligation of 1M) What are the cases that are mandatorily covered
Because if there are admissions, baka by CAM and JDR, whether first-level court, or
hindi na kailangan mag-trial, summary RTC?
judgment na lang ang gagawin ng court. - All civil cases
So you don’t need to go through the rigors - Civil liability of criminal cases covered by
of the trial. Ganun ka-importante ang pre- the rule on summary procedure including
trial, admissions, actually yan ang unang the civil liability of BP 22.

54 | P a g e
 - Except those which by law cannot be - All cases with application for Temporary
compromised (Ex. Declaration of nullity, Restraining Order or Preliminary
legal separation) injuction. (because there is urgency).
- Special proceedings (Ex. Settlement of
estates) The duration of mediation is 30 days, which could
- All civil and criminal cases filed with a be extended for another 30 days, a total of 60
certificate to file action covered by the days. If mediation fails, go to JDR. Kapag MTC
Katarungang Pambarangay Law. (30 days duration), RTC (60 days duration), that
- Civil aspect of quasi-offenses under the is how much importance is given to mediation and
Revised Penal Code (Title 14) JDR.
*Reckless imprudence resulting to slight, When the case is called for mediation, parties will
less serious or serious physical injuries or go to mediator, they will choose someone who is
damage to property or violation of the motor mutually acceptable. All parties are required to
vehicle law. appear before the mediation, This is part of pre-
- Civil aspect of less grave felonies punishable trial and if the parties do not attend, there would
by prision correccional. (Only the civil be sanctions (ex. Censure, reprimand, contempt).
aspect) The absent party will be required to reimburse
*So if the crime is punishable by 6 years and the expenses including lawyer’s fees. Or under
below, the civil aspect of these less grave Rule 18, if the plaintiff failed to appear during
felonies are mediatable provided that the mediation, dismiss the complaint. If it is the
offended party is a private person. You have defendant who failed to appear, allow the plaintiff
studied in your criminal law, that there are to present evidence ex-parte and decide the case
crimes or offenses where there is no private based on the evidence presented by the plaintiff.
offended party like drugs, election law. The sanctions are grave because it is part of pre-
- Civil aspect of estafa, theft and libel. trial. The individual parties must attend. If they
cannot attend, they must send a representative, it
What I have enumerated are cases brought at is allowed, provide the representative is fully
first instance under the original jurisdiction of equipped with authority to negotiate and enter
RTCs and MTCs, the next cases pertain to into settlement (SPA). If it a corporation or
appeals. Kasi sabi ko may appeals court juridical entity, it should be the high-ranking
mediation. officer that must attend who could decide, and he
- All civil cases brought on appeal from must be fully equipped to negotiate and enter into
MTC to RTC settlement through a Board resolution.
- All cases of forcible entry and unlawful
detainer (on appeal) Remember that the mediator is considered as the
- All civil cases involving title to, or officer of the court. But it is the judge who will
possession of real property (real actions impose sanctions based on the report of the
brought on appeal from the MTC to RTC) mediator.
- All habeas corpus cases decided by the
first-level courts in the absence of RTC During mediation class, pwede ang lawyer, but
Judge. they have less-directive role, it is the parties who
should speak because in mediation and JDR, the
What are cases not covered by JDR and cannot be thrust is not the legal issue but what are the
subject of such? interests of the parties, what are the benefits if
- Civil cases which by law cannot be the parties would settle and forego the issue. Mas
compromised (ex. Annulment, legal malaki ang magagstos pag nag-trial, pero kapag
separation) nag-settle na kayo, hindi ka na magababyad ng
- Other criminal cases not covered in the malaki. Interests, not legal position. During
previous enumeration I gave (more than 6 mediation, no recording, no transcript of
years imprisonment) stenographic notes, yung mediation proceedings is
- All cases pertaining to violence against strictly confidential and if there are notes or
women and children except when there record or any statement during mediation, it
are incidence like custody of minor cannot be used in evidence. That is not allowed by
children, support, separation of property. the rules, if it is used in evidence, that is
incompetent, not admissible.

55 | P a g e
Mediation talk to the parties alone, without their lawyers.
Example: oh mr. dela cruz base sa ebidensiya mo,
The duration of mediation is 30 days, extendible kung magttrial tayo talo ka. It is non-binding
for another 30 days, total of 60 days. In case there assessment, it cannot be used as evidence. May
is full settlement of the dispute, the parties with kopya na ang judge ng complaint at answer at
the assistance of their lawyers will execute a nagsubmit nay an ng pre-trial brief, meron na
compromise agreement and submit it to the court, silang mga list ng documents, exhibits, witnesses
the court will approve that compromise agreement kaya alam nan g judge more or less kung ano
and the court will render judgment based on the mangyayari. That is the last resort na kung hindi
compromise and that is final and executory. mamediate, macociliate, mageevaluate na ngayon
ang judge but the judge will evaluate the
In case the parties have settled among strengths and weaknesses ng case and makes a
themselves, the obligation, nagbayaran na sila non-binding, impartial evaluation of the chances
during mediation, then they will just manifest of the parties’ success. Pwedeng gawin yun ng
before the court that there is a full satisfaction of judge because the proceedings in the JDR is
the claim. There may be partial settlement and in strictly confidential and cannot be used as
that case the part that has been settled, that will evidence. Kaya nga class, if the JDR fails, the case
be the subject of the compromise agreement that would be reraffled to another judge to continue
has to be approved by the court and the court will with the trial to avoid any bias and partiality.
render judgment with respect to that. For the However, the parties may manifest that the judge
remaining portion, which the parties have not can still continue with the proceedings. During
settled, that will be the part that is covered by the the JDR, the judge is a mediator, conciliatior and
judicial dispute resolution. If there is no neutral evaluator.
settlement, the next stage would be that the
mediator will return the case to court for the Mediation and JDR are part of pre-trial, so
appropriate judicial dispute resolution. during JDR, appearance of parties is mandatory
and if you fail, the sanctions under rule 18 can be
So, let us say that there is a complaint and that imposed against the absent parties.
there is failure of mediation, ibinalik na sa court
ko, I would conduct JDR, in that case I will be a Can there be JDR during trial?
JDR judge not a pre-trial judge. yes, if both parties would agree and indicate
willingness to have the case under JDR. The judge
What is the role of a judge during JDR? would have to reraffle to another branch, and a
First as a mediatior – the judge will facilitate different judge would conduct the JDR. Why? Kasi
settlement, so that the parties will be open for the nagttrial na kami eh, pag nagfail and JDR,
settlement of their dispute. babalik sa judge and continue the hearing and
As a conciliator – the judge will try to reconcile then decide. And if the case was settled through
the parties’ differences. JDR, ilalagay yun sa decision, that the parties
have reached settlement pursuant to the JDR,
When the case is set for JDR, it is an informal para alam na it was not tried on the merits but by
proceeding. Ang magsasalita are the parties reason of alternative modes of dispute resolution.
themselves, not the lawyers. So at the start of
JDR, may introductory speech and judge, the The role of a lawyer during JDR and mediation
judge will explain what is the purpose and nature  The lawyer is a mere consultant and
of the meeting. The judge will facilitate but will advisor, hindi sulsultant! You advise your
not dictate in the proceedings. The focus is not the client. I advise the lawyers that it is their
evidence and legal positions kung yun ang duty to advise their client what is the best
mangyayari edi magtrial na lang, but the interest recourse for them.
and the source of the conflict.  The lawyer takes the less directive role,
the lawyer has a less directive role in
Halimbawang talagang stalemate, the judge now order for the parties to craft their own
would act as a neutral evaluator. agreement. And the lawyer should help
the court in telling their clients what are
Neutral evaluator – if there is stalemate, the the benefits and advantages of settling the
judge can now make a non-binding assessment of case instead of going through the long
the chances of the parties’ success. The judge will process of trial.
56 | P a g e
 the action should a valid ground therefore be
During the JDR, there is bargaining and found to exist;
negotiation, that is allowed 8. Advisability or necessity of suspending the
proceedings; and
What are the different bargaining options in JDR? 9. Such other matters as may aid in the prompt
1. BATNA – Best Alternative to a Negotiated disposition of the action. (Sec. 2, Rule 18)
Agreenment - - eto yung goal, this is the ideal
agreement.
2. WATNA – Worst Alternative to a Negotiated I would like to point out that Judicial Affidavit
Agreement - - eto yung ayaw natin mangyari, Rule, the parties and the plaintiff should file with
yung stalemate na wala nang pupuntahan. the court and serve with the adverse party
3. MLATNA – This is the Most Likely Alternative personally or by license courier, the judicial
to a Negotiated Agreeement - - eto yung affidavits of all their witnesses and attached to
middleground. the judicial affidavits are the documentary
evidence already. Dito pwede ang licensed courier,
Pag nakaappeal na ba sa CA, is there a chance of lbc ganun.
mediation?
Yes, the court expanded the coverage of mediation When should the judicial affidavit of both parties
even on cases which are on appeal, Justices of CA, be filed?
they conduct mediation on appeal. atleast 5 days before the pre-trial conference.

So Mr. Dela Cruz, if no agreement is reached after What is the purpose of the Judicial Affidavit of
mediation and JDR, the proceedings will be the witness?
continued and will go now to the pre-trial proper. that would serve as the direct testimony, the
testimony on direct examination of the witnesses,
What is pre-trial? kaya during trial iccross examine na lang sila.
It is a procedural device held prior to the trial of
the court. It is a procedural device by which the If the party did not submit the judicial affidavits
court is called upon, after the filing of the last of the witness atleast 5 days before pre-trial, what
pleading, to compel the parties and their lawyers is the effect?
to appear before it, and negotiate an amicable he shall be deemed to have made the submission
settlement or otherwise make a formal statement of the judicial affidavit, meaning hindi na siya
and embody in a single document the issues of pwede magpresent ng testigo.
fact and law involved in the action, and such other
matters as may aid in the prompt disposition of To whom shall the notice of pre-trial be served?
the action. to both parties if not represented by a lawyer, or
to their lawyers if represented.
Is trial mandatory?
it is mandatory in civil and criminal cases. Is the appearance of parties mandatory?
yes
What are the purposes of a pre-trial?
The court shall consider the following purposes: What would be the effect of the plaintiff’s failure
1. Possibility of an amicable settlement or of a to appear during pre-trial conference?
submission to alternative modes of dispute It shall cause the dismissal of the action and it
resolution; shall be with prejudice except when the court
2. Simplification of the issues; orders otherwise provides that the plaintiff who
3. Necessity or desirability of amendments to the fails to appear in the pre-trial may be‘non-suited.’
pleadings; Thus, the same shall have the effect of
4. Possibility of obtaining stipulations or adjudication on the merits and is final.
admissions of facts and of documents to avoid
unnecessary proof; If it is the defendant who failed to appear, what is
5. Limitation of the number of witnesses; the sanction?
6. Advisability of a preliminary reference of issues It shall be cause to allow the plaintiff to present
to a commissioner; hisevidence ex parte and for the court to render
7. Propriety of rendering judgment on the judgment on the basis of the evidence presented
pleadings, or summary judgment, or of dismissing by the plaintiff.
57 | P a g e
 required by the parties for the presentation of
There is no declaration of default in pre-trial, it is their respective witnesses (Sec. 6, Rule 18).
just a sanction for the failure to appear during
pre-trial, because he already filed an answer.
If the document was not presented and marked
If the parties are natural persons and they cannot during pre-trial conference, can it be presented
appear during pre-trial, can they send a during pre-trial?
representative? No, no evidence should be allowed to be presented
yes, SPA and a valid reason for the absence is during trial unless it is pre-marked during pre-
needed and the representative shall appear in his trial. But there are exceptions
behalf fully authorized in writing to enter into any
of the following matters: What are the exceptions?
a. An amicable settlement; May be allowed if there is a good cause shown.
b. Alternative modes of dispute resolution, and Good cause is vague so it is down to the discretion
c. Stipulations and admissions of facts. of the court.

If the party is a corporation or juridical entity, Can there be a reservation of documents? Pwede
who must attend? bang sabihin na “your honor we would like to
Agent or officer equipped with a board resolution. reserve the marking in the course of the trial if
necessary” is that allowed?
Appearance should be from the beginning of pre- That is a too general reservation, as a rule hindi
trial until its termination, the plaintiff cannot na allowed, however, the reservation of docs may
attend only the initial hearing and does not be allowed for good cause shown but it should be
appear to subsequent hearings. specific, like ‘I would like to reserve the marking
and presentation of an official receipt which is in
What would be the effect failure to submit the the possession of this person’. You must specify
pre-trial brief by any party? the reasons. So that the other party will not be
plaintiff’s failure – dismiss the action with surprised, that is the purpose.
prejudice
Defendant’s failure – plaintiff will be allowed to Can there be a reservation of witnesses?
present evidence ex parte and the court will As a rule it is not allowed, kung magrereserve ka
decide based on the evidence presented dapat specific, hindi pwede yung too general.
Specify the witnesses and their positions etc. so
Within what period should the parties file with that the adverse party will not be surprised when
the court and serve upon the adverse party the those witnesses are presented.
pre-trial brief
At least 3 days before pre-trial. In a pre-trial brief, are the statements there
binding upon the parties?
What are the contents of the pre-trial brief? Yes. It will become judicial admission so be
1. A statement of their willingness to enter into careful.
amicable settlement or alternative modes of
dispute resolution, indicating the desired terms What is the relevance of “The number and names
thereof; of the witnesses, and the substance of their
2. A summary of admitted facts and proposed respective testimonies and the approximate
stipulation of facts; - version of the plaintiff and number of hours that will be required by the
the defendant parties for the presentation of their respective
3. The issues to be tried or resolved; witnesses”
4. The documents or exhibits to be presented, so that court can determine if the witnesses and
stating the purpose thereof. their testimony is corroborative or cumulative, it
5. A manifestation of their having availed or their should not be cumulative or pare pareho lang.
intention to avail themselves of discovery And if the court can determine who is the most
procedures or referral to commissioners; and important witness, and if the court now knows
6. The number and names of the witnesses, and who is the most important witness, yun ang
the substance of their respective testimonies and unang magtetestify.
the approximate number of hours that will be

58 | P a g e
 mediated to be subject of JDR provided that those
civil liabilities of criminal cases covered: Estafa,
Should there be a termination of the pre-trial libel, theft. Qualified theft cannot be mediated.
conference just because the parties failed to
settle? In civ cases, if the parties do not appear, there are
No, The judge should not allow the termination of sanctions, is it the same with criminal cases? The
pre-trial simply because of the manifestation of accused that is detained fails to appear, what is
the parties that they cannot settle the case. the sanction?
Instead, he should expose the parties to the There are no sanctions, only the lawyers are
advantages of the pre-trial. After JDR, the judge required, why? The right of the accused to remain
should set the case for the continuation of pre- silent. And sanction sa lawyer lang.
trial. And after pre-trial, the judge will issue a
pre-trial order What if the accused is out on bail?
Show cause to the bondsman, the bondsman will
What is a pre-trial order? be directed to show cause why the bond will not be
It is issued by the court upon the termination of forfeited in favor of the government and to
the pretrial. produce the body of the accused within 30 days
from receipt.
When should it be issued?
It shall be issued within 10 days after termination NOTE: WALANG INTERVENTION TO RULE 22
of the pre-trial. NAKALIMUTAN KO ICONTINUE YUNG
RECORDING
What does the order contain?
1. The matters taken up in the conference Civil Procedure March 10, 2015 Lecture
2. The action taken thereon
3. The amendments allowed to the pleadings Modes of Discovery
4. The agreements or admissions made by the
parties as to any of the matters considered so the When you say modes of discovery, what does that
issues will be limited. mean?
It is a procedural device whereby a party search
Is there a reservation of witnesses and documents for the information about relevant matters from
in the pre-trial brief? the adverse party in preparation for trial.
None.
What are the purposes of the modes of discovery?
What is the relevance of the pre-trial order upon Based on what you said, it’s a device.
the parties? Whatever is written in the pre-trial 1. In order to limit the issues that would be raised
order will that bind the parties? during the trial.
The pre-trial order shall control the course of the 2. In order to make the parties lay their cards
proceedings or the action during trial and it will during the trial to avoid unreasonable surprises in
bind the parties. It will be the roadmap of the terms of reservation of evidence.
proceedings. Also, the parties may move for the
correction in the pre-trial order if there is good So, in these different modes of discovery that we
cause shown. are going to study, what is it really that the
parties would like to discover? Ano ba yung
Pre-trial in civ and crim cases gustong idiscover?
same as Hizon notes The parties would like to discover all the relevant
matters regarding the case at hand which may
Plus help them to prepare for the trial.
-In civ cases there is pre-trial brief and crim cases
there is none Can the party, through the modes of discovery,
-In civ cases the issues are joined after the filing elicit evidentiary matters from the other parties?
of the last pleading while in crim cases the issues Yes maam.
are joined by entering a plea. Yes. That is the very purpose of the modes of
-In civ cases there is a possibility of amicable discovery. To elicit and inquire into evidentiary
settlement while in crim there is none but only on matters. Yun ang gusto mong idiscover. Ano ba
the criminal aspect, in the civil aspect it can be yung ebidensya kaya sa akin ng plaintiff. Ano
59 | P a g e
kaya yung ebidensya ng defendant na matatalo So when you say it must not be privileged, it
ako. Well, that being said, don’t you think that should not be covered under the privileged
with these different modes of discovery, the matters under the rules on evidence. Ano ba yung
purpose of which is to elicit evidentiary matters, mga privileged? 1. Between husbands and wives.
does it not amount to a fishing expedition? Diba in So hindi pwede yung kukunin mo yung deposition
your constitutional law you have studied that ng asawa, oobject-an na nun, that is privileged.
fishing for evidence and that is not sanctioned by Unless of course that it involves a crime against
the constitution. the person of the children, or priest-confessant,
No maam it does not. doctor-patient, attorney-client, covered by
So you cannot invoke that. For example, the other privilege.
party would like to save your deposition or the
deposition of a person, you cannot invoke that Now, you mentioned about depositions pending
that act of the party is a fishing expedition, no action, before action or pending appeal. First,
more. Well, if evidentiary matters are not the what is a deposition?
object of discovery, wala nang silbi tong modes of Deposition is the taking of the testimony of any
discovery. Bakit pa natin kailangan ng modes of person, whether he be a party or not, but at the
discovery. That is the very purpose of the modes of instance of a party to the action. In order to elicit
discovery. relevant matters to aid him for trial.

And what are the modes of discovery under our Is a deposition under oath?
rules of court? Yes maam.
Under the rules of court, the different modes of
discovery are: It should be under oath. So, deposition is a
1. deposition pending action under rule 23 written statement under oath.
2. deposition before action and pending appeal
under rule 24 An affidavit is also a written statement under
3. interrogatories of the parties oath isn’t it?
4. admission of the adverse party Yes maam.
5. physical and mental examination of persons
6. production of evidence You have seen an affidavit?
And even inspection of documents or things. Yes maam.
Now Ms. Balingasa, for example, I already availed Diba nakalagay doon halimbawa, I, Gerlin Micah
of interrogatories to parties, does it bar me from Balingasa, of legal age, Filipino, with residence at,
availing of the other modes of discovery? That I hereby depose and say. Makikita nyo rin yun sa
can no longer use the other modes of discovery if I affidavit diba. And it is also notarized. Under
already availed one mode. ‘Di na pwede? oath.
No maam. The rules does not bar the use of other
modes of discovery upon using one of them. What is now the difference between an affidavit
As long as kung hindi mo nakuha sa deposition, and a deposition?
then production and inspection of things. Kung You mentioned a while ago about a deposition
hindi pa rin, admission by parties. As long as it is given in the course of a judicial proceeding or
the proper mode of discovery. But what are the there is a trial. That is your purpose, diba? For
limitations for availing of the modes of discovery? evidentiary purposes. But an affidavit, do you
always have in mind that when you execute an
The limitations are: affidavit there is a pending action? Di ba?
1. it shall not be intended to oppress, humiliate, or Affidavit of loss, affidavit of one and the same
harass another party. … person, kung magaaply kayo ng passport tapos iba
And you said a while ago that you want to elicit sa birth certificate iba yung sa school record. So
relevant and material matters. an affidavit is merely a statement under oath with
Maam it must be related to the subject matter of no intention as it is to use it for purposes of
the case. eliciting evidence for purposes of a trial. But when
So there must be relevancy on the claim or you say deposition, there is always an existing
defense subject of the action and it must not be action or there is an anticipated action.
privileged.
Now, what are the dual functions of a deposition?

60 | P a g e
First, it is a method. A mode of discovery. And jurisdiction over the person of the defendant or
second, it serves as an evidence. the property subject matter of the case or, without
leave of court after the answer has been served.
Can deposition be used as an alternative of the
testimony of the witness during trial? So, with leave of court, so there must be a motion
Yes maam. that you are going to take the deposition of a
party or any person once the court has acquired
Yes, provided the conditions are complied with. jurisdiction over the person of the defendant.
You must seek the unavailability of the witness Meaning, summons was already duly served, pero
and the necessity of the testimony. So those are wala pang answer. Kaya yan with leave of court
the dual functions of a deposition: as a mode of kasi ang pleading pa lang naman ay complaint.
discovery to elicit evidence and second, as an Sasabihin ng court, ijustify mo nga, bakit
alternative mode of presenting testimony. magdedeposition ka na agad hindi mo pa nga
alam kung ano yung depensa ng kalaban mo.
Depositions, based on the timeline of a hearing Kaya ipakita mo sa court bakit kailangan mo na
may either be: deposition pending action, magdeposition ng wala pang issue. Maski ang
deposition before action or pending appeal. Those court, oh collection of sum of money, may utang,
are the types of deposition depending on when are hindi pa alam ng court ano ba talaga ang issue na
you going to make it. What are the types of ireraise ng defendant, wala pang issue, anong
deposition based on the manner of taking? evidence ang gusto mong maelicit. Kaya with
Either by: leave of court. Ijustify mo bakit ngayon na hindi
1. oral examination, or mo pa alam anong sagot ng defendant, gusto mo
2. written interrogatories na agad mag deposition. And usually the reason
is: the deponent is about to leave the Philippines,
So, in your study, in your readings of the modes of about to go abroad, or of advance age, matanda
discovery, particularly depositions, is videotaped na, 91 years old na, or may sakit terminal cancer,
deposition allowed? baka pagdating ng trial wala na. So kaya, the
Halimbawa diba, dun sa mga legal drama na court has the discretion whether or not to allow
napapanood ninyo sat v, sa US, nagdedeposition, deposition even before an answer is served. So
video, pwede ba sa atin yun? kailangan magmotion, and to show the court why
No maam. are you going to take the deposition.

No. Oral examination. Written interrogation. Deposition after the answer has been served.
Pano yung oral examination, pwede bang habang
nagtatanong eh, or sa written interrogatories, There is no need for leave of court.
nakavideo nalang yung mga recording? Hindi
diba. There are modes of discovery. Videotaped Now, what is the scope of examinations in
deposition is not allowed, unlike in the US. deposition? Ano ba yung pwede mong itanong, ano
However, under the rule on examination of a child yung pwede mo ielicit from the deponent, whether
witness, kung bata, especially if the child is a a party or a third person to the action?
victim of incestuous rape that being in a Maam a deposition may cover any matter relevant
courtroom, the child is not comfortable, and the to the case. Except those that are privileged.
child cannot stand being in a courtroom, or the
child cannot stand being in the same room with Okay, relevant either to the claim of the plaintiff
the perpetrator. So, videotaped deposition can be or the defense of the defendant which are not
conducted but only by the judge. Child witness privileged. And according to section 2, rule 23,
lang, that’s the only situation when a videotaped meron pa ring isang condition: that they are not
deposition is allowed under our jurisdiction. covered by protection orders under sections 18
and 16. So diba nakalagay, unless otherwise
Now, depositions pending action. So there is a ordered by the court as provided in sections 16
pending action. Let us say collection of sum of and 18. Ano yung 16 and 18? Yun yung protection
money. When may the deposition pending action orders. So, kahit relevant siya, kung may
be taken? protection order sa court, hindi mo pwedeng
itanong. Okay, now, we said that the scope would
Deposition pending action may be taken by leave involve any matter relevant to the claim or
of court after the court has already assumed
61 | P a g e
defense, which would include what specific because of threats to life. So the court would
matters as enumerated under section 2? change it and issue a protection order. Or there
Including the existence, description, nature, could be a motion that the deponent would not
custody, condition, and location of any books, want the manner of the taking to be upon oral
documents, or other tangible things and the examination. Ayaw niya. Ang gusto niya yung
identity and location of persons having knowledge written interrogatories. So, the court would
of relevant facts. change the manner of deposition taking. Or
sasabihin na, move for protection order that, ilista
Kung titignan nyo, ebidensya na ang hinihingi mo mo dun, these are the matters that the deponent
eh, nilatag mo na, nasaan ba. Oh halimbawa, would not like to be inquired or asked about. Love
nasaan ba yung sasakyan na ito? Sino ang may life. Personal life na hindi naman relevant. Kasi
hawak ng sasakyan na ito? Ano na ang kundisyon pag sinagot na nun ang personal life, mahaharass
niya? Documents or other books or any tangible yung mga anak, yung mga asawa, ayaw niya na
things. Okay. So tatanungin mo lang tungkol dito mainvolve. Or yung business niya. Or any secrets
sa mga ebidensya na ito. So you can elicit of the trade. Ayaw niyang itatanong yun. And if
evidentiary matters, provided that the the court would think that there is a good ground,
information is within the personal knowledge of then ieexclude niya yun sa matters that could be
the party from whom you want to take deposition. asked during the deposition taking. Or, can the
I mentioned a while ago that it might be relevant deponent say ayoko ng maraming tao, ang gusto
but you cannot cover that in a deposition if there ko lang yung deposition officer tsaka ako tsaka
is a protection order. The protection order may yun lang pong dalawang parties, plaintiff
either be protection before oral examination. And defendant lang po. Wala yung mga kasama nila.
what are the protection orders, or what could be Is that a ground? Or can the court grant that
the reason wherein the court may issue protection protection order? Yes. Kasi, syempre kung ikaw,
orders even before an examination? maraming tao, mapepressure ka, hindi ka na
komportable. So those are the protection orders
Maam the court may issue protection orders even that may be issued by the court upon good cause
before examination if it is shown with good cause shown. Now, halimbawa, can inconvenience of the
that the deposition is intended to aid the party and the deponent be a ground for the
proceedings or second, to harass or humiliate the issuance of the protection order? Ay your honor
witness. kasi meron akong skin asthma, hindi po ako
pwede sa hindi airconditioned room. Or masyado
So any good cause or valid cause would warrant pong traffic, dadaan kami ng edsa. Hindi. Subject
the issuance of the protection order. Yung good to the rules. Unless the inconvenience would
cause. Okay. What are the protection orders that amount to a threat to life and safety of the party
may be issued by the court if a good cause is or the deponent. So those are the protection orders
shown? before examination.
First maam, the court may order that the taking
of the deposition shall not proceed. Ngayon, during examination. What could be the
grounds wherein the deponent or the party can
Oh hindi niya itutuloy. Halimbawa nag motion, move for the issuance of protection order. So,
because that the subject of the deposition is ngayon nagdedeposition taking na. ano ba yung
covered by a privilege communication between the grounds? Na pwedeng magissue ng protection
husband and the wife, wag nang ituloy. Magiisue orders?
na ang court.
By the way, a deposition before oral examination,
The other one maam is to limit the subject of the before what court should the party ask for
deposition under terms and conditions upon order. protection order?
So, there would be a limitation on the scope of the Maam before the court where the case is pending.
deposition. Halimbawa sasabihin may motion to
limit it because the other matters are already Deposition during examination, before what court
irrelevant and does not even relate to the matter may the protection orders be asked?
in litigation or the cause of action. What else? If Before the court where the case is pending and
the deponent would say, or the party would say within the jurisdiction of the court where the
that we are moving that the place of the deposition is to be taken. So kung sa manila, dito
deposition taking be changed from manila to cebu yung deposition, any court in manila or sa court
62 | P a g e
kung saan nakafile ang case. So kung nakafile To elicit evidentiary matters po.
ang case sa Makati, pwedeng doon. If the Yes. as a mode of discovery. Pwede mo ngang
protection orders would be during examination. hindi gamitin yan eh. Pag nakita mo na ay naku
matatalo ako dito pag ginamit ko tong statement
Well, ano yung grounds that would warrant the na to. So, iba yung purpose ng deposition taking.
issuance of protection orders? You mentioned So pag prinesent siya during trial, pwede pa ulit
them a while ago. siyang icross-examine, kasi inooffer na yun as
Maam that the taking of the deposition is (I cant evidence. Okay. Remember, taking of the written
understand) … and that the witness or the statement is not the same as presenting it as
deponent is already being harassed during the evidence during trial.
taking of the deposition.
Now, under section 4 of rule 23, against whom
And once the deponent already invoked the right may a deposition be used?
against self-incrimination. So, everything should Maam a deposition may be used against any party
stop. Hindi mo na siya pwedeng icompel na present during the taking of the deposition or
sumagot during examination. And if the those that were notified about the conduct thereof.
deposition is being taken in bad faith already. So Pano kung representative lang yung pinadala ng
those are the grounds. And what are the party? Can it be used against him? Halimbawa
protection orders that may be issued by the court? ako yung plaintiff ikaw yung defendant, ang
The court may issue an order to stop the deponent ay si mr. cruz, okay, so may deposition
deposition taking maam. officer. Nandun ako, pero ikaw wala, nagpadala
ka ng representative, si ms. Dy. Wala ka, but you
So titigil na. Kasi may violation na ng self- have a duly authorized representative. You said
incrimination, (nababajer) na yung deponent, that a deposition can be used against any party.
sobrang stressed out na siya, nahaharass na siya, Yes Maam, despite the fact that I just sent a
yung mga questions oppressive na. so stop the representative on my behalf, it can still be used
examination. Can the court only limit the scope against me. He must provide that the deposition
and manner of the deposition taking? Yes. So may be used against any party provided …
ilimit nalang natin. These questions cannot be
asked. Eto lang ang pwedeng itanong. You are notified, but you failed to appear, the
Now, during the deposition taking, is there a right deposition was taken in your absence, can the
of cross examination? There is. deposition be used against you?
Yes maam.
Question, during the deposition taking, the other Yes, kasi those who are present, represented, or
parties cross-examined the deponent. When the notified. Fault mo na yun, kung bakit di ka
deponent is now presented as a witness during umattend. Sabihin, hindi ako nakaattend, hindi
trial, can they still cross-examine when they tuloy ako nakapag cross-examine. Wala na. You
already cross-examined him during the deposition waived your right, by reason of failure to appear
taking? Di ba during deposition, crinoss-examine during the deposition. Okay. What are the uses of
na siya ng mga parties, halimbawa before a a deposition? Either by oral examination or
notary public or someone who is authorized to written interrogatories.
administer oath. So nagdeposition taking,
nagkaron na ng cross-examination dyan, ngayon Maam, first the deposition may be used by any
yung deposition ginamit na evidence and the party to contradict or impeach the testimony of
deponent was presented as a witness in court the deponent.
during trial. Now during trial, when the
deposition was presented, can the witness be So let us first discuss that. I am the plaintiff, you
cross-examined again? are the defendant, mr. cruz is the deponent. Ako
Yes maam. Because under section 3 of rule 23 yung nagpakuha ng deposition, ako yung
maam, the conduct of the deposition must be in nagrequest ng deposition. Now, both of us, can we
accordance with the conduct of the trial, subject to use that deposition? Yes maam. Yes, by any party
the rights of the witnesses under rule 132. to impeach or contradict his testimony.
Halimbawa inupo siya, and then sasabihin ng
So, kahit nacross-examine na during deposition, lawyer ko, for cross-examination, mr. cruz ang
pwede pa rin siyang icross-examine during trial. sabi mo eh ang defendant walang obligasyon sa
Bakit? Ano bang purpose ng deposition? plaintiff, eh dun sa deposition mo sabi mo
63 | P a g e
kaharap ka nung pumirma siya ng promissory
note. So either one of us can use it. Kahit ako Ok, now. Kasi nga ang sinasabi ko dati ang
yung nagrequest, pwede kong iimpeach kung primary purpose ng deposition is for discovery.
nakita ko na destructive sa cause of action ko or Now, what are the objections that may be raised
sa defense ko. Next. during the taking of deposition? Ano yung
objections that may be raised as to the
Next maam. The deposition may also be used by admissibility of depositions under section 6 of rule
the adverse party in cases where the deponent is 23?
an officer of a public or private corporation.
So, ang deponent is a party to the action, either That maam the contents of deposition does not
the plaintiff or the defendant. Ikaw na yung include matters that are privileged.
deponent. I can use it for any purpose. I can call
you as an adverse party witness. Or I can use it to So first, privilege, so it is incompetent. Sabi natin,
contradict or impeach your credibility and your ang matters lang to be inquired are relevant
testimony for whatever purpose. Kung ang matters, so irrelevant. Objection, irrelevant.
deponent ay party to the action. Next. Objection, hearsay. Objection, coverage by the
privileged communication rule. Or objection, there
Deposition may also be used by any party when was irregularity in the manner of deposition
the deponent or the information sought to be taking. So you can raise those objections.
elicited is or will be coming from a person who will Objection as to the qualification of the deposition
be out of the Philippines or somebody who resides officer. So those are the objections: Relevancy,
100 kilometers from the place of the trial or from competency, being hearsay, incompetent, and
somebody who is already incapable of making it to irregularities in the manner of taking the
the trial in order to testify. For example, he is deposition. And when should you raise those
suffering from physical infirmities. objections, during the deposition taking or you can
raise them during trial?
Okay. So, this use of deposition, ito yung isa sa
dual functions. As an alternative testimony. Maam the objections may be raised depending on
However, it must be shown that these conditions the ground for objection.
are present, diba? Sick, infirmed, physically
incapacitated, residing 100 kilometers, in Ok, now. Let us first discuss the qualifications of
recognition of the viatory right of the witness and the deposition officer. You have objections to the
the person who is out of the country, or outside of qualifications of the deposition officer, when
the Philippines. But I would like to take note, so should you raise the objection, before the
itong deposition ng mga taong ito, pag nakuha na, deposition taking or during trial nalang?
pwede siyang ipresenta sa court in lieu of their When it comes to the qualification of the
testimony, subject to the condition that during the deposition officer, the objection should be raised
deposition taking, they were cross-examined by before taking the deposition before the deposition
the other parties or there was a right there was officer..
an opportunity to cross-examine them. Na cross-
examine ng any of the parties or, hindi dumating If you do not raise it at that point in time, can you
yung isang party although duly notified kaya still raise it during trial?
hindi niya na cross-examine. Because you will No maam, it is deemed waived.
only use their deposition as a substitute for their
actual testimony in the court if they are not Okay, deemed waived. Second, as to the manner
available and their testimony is necessary and wherein the deposition is being taken, an
they have been cross-examined, there was agreement by written interrogatories, tapos
opportunity of cross examination during the ngayon oral examination ang ginagawa, when
deposition taking. Otherwise, hearsay yan. Di ba? should you make the objection, during the
Isusubmit mo lang yung deposition wala kasi deposition taking or you can raise it later at the
yung witness, hindi niya i-iidentify, hearsay trial?
evidence yan. May affidavit ka, hindi mo During the deposition taking maam.
iprinisinta yung affiant, hearsay yan, hindi na- Otherwise, it is deemed waived.
authenticate. So you have to prove those
conditions before you can dispense with the How about the objections as to relevancy and
presentation of the deponent. competency, when should you raise it?
64 | P a g e
With regard to relevancy and competency of the party. So nadiskubre ko mahina, against my
evidentiary matters being elicited, it will not be cause of action. Eh yung kalaban, ay malakas
deemed waived even if the other party or any yun, I will use that, can he do that?
party failed to object. Provided, that it will be Yes maam.
deemed waived if the grounds of objection were
existing or apparent at the time of the deposition Kung gagamitin ko naman against me, can I
taking maam. object? No. because I was the one who cannot use
it. That is the downside and the benefit, the
So if you would notice, the only objections that are advantages and disadvantages of deposition
not waived are objections to relevancy and taking. Nadiscover ko mahina yung kanyang
competency, all others you must raise it during statement, nadiscover mo yung ang
deposition taking, otherwise, they are deemed magpapalakas sayo. Now, but if I will use his
waived. Question, during the deposition taking, deposition is he now my witness? Yes. testigo ko
the other parties cross-examined the deponent, so na siya. Ginamit ko na in evidence. But what if
does it mean to say that if they cross-examine the the purpose of using his deposition was to
deponent at that point in time, they can no longer contradict or impeach his testimony?
object to the admissibility of the deposition that is Then maam it will not amount to him being your
offered in evidence during trial? witness.
No. The cross-examination on that part does not
necessarily waive the objection to that on the part Or what if he is the adverse party? No.
of the party with regard to the relevancy and
competency of the evidence being presented So using of a deposition normally would result to
during trial. making the deponent the witness of the one
presenting him or using him, except when the
In fact, kung nagobject na dun sa deposition on deponent is the adverse party and the use is to
the ground of relevancy and competency, pwede impeach or to contradict the statement of
mo pa siyang iraise during trial. Bakit? Does the testimony.
deposition officer have the authority to rule of Okay. So I used his deposition, and I introduced it
objections during deposition taking? in evidence, prinisinta ko siya sa court, later on,
No maam. The deposition officer will only note the can I rebut his deposition? Ako yung nagprisinta,
objection and must still include the evidence to ako yung gumamit, can I rebut his deposition?
the record. No maam.

So let us say that the deposition officer, Cruz was Well under the rules I can. Read section 9 of rule
committed. so nandiyan na yung deposition, I was 23.
the one who requested for the taking of his At the trial or hearing, any party may rebut any
deposition, does that mean to say ako yung relevant evidence contained in a deposition
nagrequest, ako yung nagpakuha ng deposition, whether introduced by him or by any other party.
he is now my witness automatic? Iprinisinta ko siya, pinaupo ko sa witness stand,
No maam. The taking of the deposition is different ngayon, ang sinasabi niya sa witness stand
to presenting that deposition in court. Taking of kontrang kontra na dun sa deposition. Ang
the deposition does not make the deponent a gagawin ko na I will withdraw the deposition and
witness of the requesting party but the will just continue on taking his testimony. Diba
presentation of his deposition before the trial evidence kasi yung deposition, may statement
makes him already a witness of that party. siya, contrary sakin, hindi ko na yun gagamitin. I
In fact yung deposition na yun kahit ako will rebut it. I will no longer present him. Written
nagpakuha pag nakita kong naku diyos ko ano ba statement eh, which is given through his
yung mga statement ni mr. cruz puro against sa testimony in court. Hindi ko mai-stretch out yung
akin to ah, I will not use it anymore. So taking of testimony niya, unless scandalous or what. Pero
a written statement under oath is for purposes of ako, ang remedy ko, damage control, bawiin ko
discovery. So I will discover what are the yung deposition, hindi ko nalang gamitin. Ngayon
strengths and weaknesses of my cause of action, pag ginamit, kasi naweaken nung deposition yung
and what are the strengths and weaknesses of the testimony niya, ang problema ko na nun ikaw,
defenses of the opposing party. Yun ang purpose. yung adverse party, gagamitin mo naman yun.
But, I may or may not use it, diba? Pero ang Ini-rebut ko, pero magagamit mo against me. Yun
downside nun, the deposition can be used by any lang yung beauty ng pag may deposition, pwede
65 | P a g e
mong bawiin. Pero pag nagtestigo na yung deposition of the party or deponent who is already
witness mo, hindi mo na pwedeng bawiin, nasabi outside the Philippines.
na niya eh. Yung deposition, halimbawa,
icocorroborate lang kung anong sinasabi niya, eh So you must show the necessity of the taking of
napansin mo, ay nako mali na, kontra na sa the deposition through commission or letters
deposition, hindi mo na yung gagamitin. Pero, it rogatory. Ito class, itong deposition na ito, will
would not stop your adverse party from using that only be available kung hindi
deposition. makakapagdeposition yung mga consul, kung
walang available. Remember, merong mga
Now, within the Philippines, who can be a countries na wala tayong embassy, wala tayong
deposition officer? consulate. Diba, halimbawa sa Saudi nasa
Within the Philippines, the following can be the Riyadh. Kung nasa malayo kang middle eastern
deposition officer: country, tatravel ka pa, diba. Kung walang
1. Judge consulate, like sa los angeles may consulate,
2. Notary Public California, sa new York may consulate, pero sa las
3. Under section 14, by stipulation of the parties, vegas, sa iba, walang consulate dun, babiyahe pa
any person authorized to administer oath. sila. So anong iaavail mo? Edi either sa notary
So judge, notary public, sino pang pwedeng mag public dun sa abroad. Eh kung wala ding notary
administer ng oath? Branch clerk or court. Ang public, necessity na na yung commission or letters
mayor, ang governor, pwede sila. Kaya lang rogatory. Now what is a commission? Magkaiba
kailangan naman may legal background. kasi yung commission sa letters rogatory.
Although it is not provided for in the rules, may A commission maam is an authorization letter
legal background sana. Although sasabihin nyo, issued by the Philippine courts to any person
eh isusulat lang naman yung statement dyan eh. outside the country where the deponent is willing
to recite, authorizing them to take the deposition
If outside the Philippines or in a foreign country, of that person on behalf of the Philippine court.
who can be or to whom can a deposition be taken?
A deposition can be taken outside the Philippines: Is leave of court necessary?
(a) on notice before a secretary of embassy or No maam.
legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines; It is not necessary. So ngayon, ako magiissue ako
So kukunin yun sa Philippine embassy kasi yun ng commission, kasi wala naman tayong
yung may jurisdiction tayo, Philippine soil parin consulate, so by commission. Whom should/can I
yun eh. So doon sa consul. designate to be a deposition officer in the foreign
country?
Kung hindi doon, who can be a deposition officer According to the rules any person maam.
outside of the Philippines?
(b) before such person or officer as may be Any person. Pwede ba siyang lawyer? Yes maam.
appointed by commission or under letters Pwedeng hindi lawyer? Yes maam. A non-judicial
rogatory; officer? Yes maam. So yung commission ko,
directly, I am designating someone from the
And can the deposition be taken to a notary public foreign country to be the deposition officer. okay.
in that country? And what rules should govern?
Yes maam. It must be govern by the Rules of Court of the
(c) the person referred to in section 14 hereof. Philippines.
Basta ano siya, may notarial commission. So those
are the three (3) qualified persons who could be Halimbawa, nirefuse yung aking commission
deposition officers outside of the Philippines. nung tao na yun. Sinong Judge Quiambao na ito, I
refuse, who is this person, from a third world
Now let us discuss about commission or letters country, directing me. Okay. Nirefuse. So ngayon,
rogatory. When may commission or letters what could be the remedy? Walang embassy,
rogatory be issued by the Philippine court? walang qualified na person to administer oath.
The Philippine court may issue a commission or Under our jurisdiction, when the commission was
letter rogatory when it is already impractical or return unexecuted, then the resort is to send a
impossible for the Philippine courts to obtain the letter rogatory.

66 | P a g e
To whom should I send the letters rogatory? My question is, kailangan ba ng motion or leave of
This time maam a letter rogatory is being issued court to take deposition upon oral examination?
by the court to another court of that country Or the party could just notify any party to the
where the deponent is residing. action?
It would depend on when are you going to take it.
And who will take the deposition? The court of the When the deposition is taken after the service of
foreign country? answer, it can be taken without leave of court. But
The court of the foreign country maam. leave of court is necessary if the deposition is to be
Ang sabi sa rules shall cause to be, shall cause the taken before the answer is filed.
deposition, so it is not necessary that court, but
that court will designate another person who will So yun. Pero kung may answer na, inotify mo
take the deposition. Kasi ako humihingi lang ako nalang yung parties that I would be taking the
ng assistance. Tulungan mo ko. Hindi ako deposition of mr. apple cruz at this time and
makakuha ng deposition. So magassign ka, place. But, ilalagay mo dun kung ano yung
magdesignate ka ng isang taong kukuha ng matters to be inquired into, para alam nung
deposition. parties. So during the deposition taking, pwede
nang magobject, or mag file na ng protection
And what rules should govern? orders, mag move for protection orders. So now,
The rules of court of that other country. during deposition upon oral examination, who
should be present? Lahat ng parties, or course
Hindi ko pwedeng utusan yung judge na kumuha yung deponent, the requesting party, and the
ng deposition, nagrerequest lang ako ng deposition officer. So oral yan. Si mr. cruz, ikaw
assistance, na please help me and assign yung isang party, ako, tatanungi mo siya, parang
somebody to cause the deposition. But, all these direct examination. Pagkatapos nun pwede
class, should be reffered to the department of kaming magcross-examine. Lahat ng party nandu
foreign affairs. pwedeng magtanong at mag cross-examine during
the deposition taking.
Now, we mentioned a while ago that before the
taking of the deposition, any questions on the Now, the deposition officer, what are the duties of
qualification of the deposition officer should be the deposition officer?
raised, and who are disqualified to be a deposition The deposition officer shall make sure that the
officer? deponent shall be put under oath.
The following are disqualified to be deposition Yun. Otherwise, hindi na siya deposition.
officer:
1. a person who is a relative within the sixth During the examination, ano yung duty ng
degree of consanguinity or affinity of the parties deposition officer?
or the counsel, The deposition officer must also make sure that
2. employee or counsel of any of the parties; the deposition is being recorded stenographically.
3. who is a relative within the same degree, or Can the court stipulate that there would be no
employee of such counsel; recording? Or taking down notes.
4. who is financially interested in the action. No maam. The parties can only stipulate for other
Now, we mentioned a while ago that there are two means of recording.
kinds of deposition based on the manner of taking
it: oral examination, and written interrogatories. So they can agree that it will not be through
stenographical notes?
What is the requirement for taking a deposition Yes maam. Pwedeng sabihing wala ng recording,
upon oral examination? Ako, party ako, gusto ko basta ang lalabas nalang q&a, yung mga
mag conduct ng deposition kay mr. cruz, what is questions, answers ng ibat ibang parties. Okay,
the requirement? What should I do? now. We mentioned a while ago that the
That maam the conduct of the deposition shall deposition officer has no authority to rule on the
first be administered under oath. objections and will just collate the objections.

Hindi, before pa magkaroon ng deposition. Diba Okay. Question, what if a party cannot attend the
there should be a reasonable notice? To whom? deposition upon oral examination? What is his
Every party in the action, inonotify mo. remedy?

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Di ba sabi nga natin, if you are duly notified, and
you failed to appear, any deposition can be used Halimbawa hindi na Makita yung deponent, can
against you, kahit wala ka dun. the deposition officer sign?
Yes maam.
Ngayon, anong remedy mo nanaman halimbawa Basta yung reason, can no longer be found.
may conflict of schedule ka talaga, hindi ka Kung yung witness, after reading it, ayoko ko
naman makapagpadala ng representative, walang pong pumirma, I refuse to sign. Can the
pumunta, anong remedy mo? Can you just submit deposition officer sign it? Yes. and indicate the
written interrogatories? reason.
Yes maam. In lieu of an oral examination or cross-
examination, you can just submit written Now. Ang pumirma, deposition officer, for any of
interrogatories. the reasons we have mentioned, what is the value
of the deposition not signed by the witness
And the deposition officer will ask that? himself?
Yes maam. To be propounded by the deposition The deposition will be treated as if it was signed
officers. by the witness unless it is suppressed.

So yung protection, sabi nga natin, hindi ka So, it can be used for any of the purposes as we
umattend, kung duly notified ka, gagamitin yan have enumerated under section 4 of rule 23.
sayo. So protect yourself, magpadala ka na ng Pwede mong gamitin. But you mentioned about
tanong mo. That is allowed under the rules. “unless it is suppressed”. Kasi, ang sabi nga natin,
it can be used by any party to impeach or
Now, tapos na yung deposition taking, what is the contradict or by an adverse party for any purpose.
duty of the deposition officer? Ngayon, halimbawa, there is a deposition not
The deposition must be presented to the deponent signed by a witness, who refused to sign,
for his checking and for his possible changes if pinirmahan ng deposition officer, sabi mo it can be
ever there will be. And upon substantial or formal used as if it is duly signed. Nakita ko ngayon, I
changes maam, the reason therefor must be am a party, uy itong mga state,ent ni mr. cruz
clearly stated. dito against me ito ah, kumokontra sa cause of
Oo. kailangan may rason. Halimbawa, action ko madadale ako dito, pero hindi niya
typographical error, clerical error, walang pirmado, what I will do is file a motion to
problema dun. Kasi kung ang rason niya, nagbago suppress so that it would not be used in any
po yung isip ko, hindi pala yun ganun, it should manner by any party. Motion to suppress. So,
be indicated why. Because of the probative value, kung ipagpipilitan ng kabila, it will not be
sasabihin ng court iba iba pala isip nitong admitted by the court, why? Because of the motion
deponent na ito. Although it is admissible, the to suppress. So, the deposition officer will of
problem with that, ano yung weight na ibibigay course certify, seal the deposition, for formalities.
ng court doon sa statement na yun. It could be Question, paano kung nakalimutan ng deposition
discredited. officer na i-certify yung deposition at nakalimutan
niyang i-seal, will it adversely affect the
Now, after the corrections, the changes, or kung admissibility and value of the deposition?
walang correction, is the signature of the witness A deposition not sealded will not be considered.
mandatory?
Ideally maam, it must be signed by the witness. Pero the problem is it was not the fault of the
However, the rules provide an alternative if the parties and the deponent na hindi cinertify, eh
signature of the witness is cannot be obtained. For may proceeding naman talaga, nandiyan yung
example, if the witness is already incapable of deposition. Kumpleto na eh, under oath, ang
signing because of physical infirmities, the nangyari lang hindi niya cinertify. Will it be
deposition officer may sign in his behalf. fatally defective? Will the deposition be considered
as fatally defective and cannot be considered by
Kasi sabi nga natin, ang isang reason ay dahil the court?
may sakit, advance age, so hindi na makasulat, Not necessarily fatally defective maam, but the
who will sign? defect is subject to correction.
The deposition officer maam. Stating there the
reason why the deponent can no longer sign the oo. okay. Sabi ko nga formality lang eh. Bakit mo
deposition. naman ibuburden at ipeprejudice yung mga
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parties with the fault of a deposition officer that ang nangyayari. So pag written interrogatories,
does not go into the substance of the deposition. ang kailangang present yung deposition officer at
yung deponent, yung parties pwedeng hindi na.
So you said it will be corrected, edi icertify niya hindi kailangan kasi meron na nga kayong
because it is a mere formality. Its not an error written interrogatories eh. Pero kung oral
that would negate the admissibility of the examination, dapat andun yung parties. Bakit?
deposition. Hindi naman nagtatanong ang deposition officer
dun, nagrerecord lang siya. Ang nagtatanong
Now. Another kind of deposition based on manner yung mga parties. It depends upon you kung alin
of taking is: written interrogatories. Here the ang mas maganda para sainyo: kung kayo ang
deponent may either be party to the action, or a magtatanong o written nalang. And after asking
third person, not a party to the action. Si, I am the all the questions in the written interrogatories, so
plaintiff and I want to take the deposition of mr. nakarecord yung answer niya, Q&A, yun na yung
cruz upon written interrogatories. So, what should deposition ni mr. cruz. Mas matipid yung written
I do? interrogatories, kasi ang gagastusan lang
The party seeking to conduct a deposition by deposition officer at yung deponent. Eh pag kung
written interrogatories should notify every party parties, lahat. Pero, para talaga maelicit mo, mas
to the action, the name of the deponent, and serve maganda yung right there and then pwede mong
upon all parties the written interrogatories. Yung itanong. Kasi yung written interrogatories
mga tanong niya. Magnonotify ako, all parties, all inaanticipate mo. Eto yung interrogatories,
of you, I will be taking the deposition upon inaanticipate mo ng mag cross. Yung pang
written interrogatories of mr. cruz, attached is/are redirect, recross. But it really depends upon your
my written interrogatories, attached are my purpose, what you want to elicit.
questions.
Ang question, edi written interrogatories ang
So kung halimbawa, 1-15, ito ang mga gusto kong notice, ninotify ko gusto ko ng written
itanong sakanya during deposition, narecieve nyo interrogatories, dumating ako ngayon (pwede
yung aking written interrogatories, ano ngayon naman yun), binabasa na yung questions,
ang gagawin ninyo? mamaya, “deposition officer, gusto ko lang
The other parties must submit their cross- magfollow-up question”, can it be done?
interrogatories within 10 days. Yung tanong ko, No maam. The questions in written
magfoformulate kayo ng pwedeng pang cross- interrogatories must be sent to the parties.
examine doon kay mr. cruz. Narecieve ko, ah And in that case, iniiba mo na yung manner na
meron kayong cross ah, anong pwede kong gawin? nasa notice. Written tapos ngayon aatend ka,
The plaintiff may submit a redirect examination oral? So si mr. cruz can now move for a protection
within 5 days after service. order. And object. To terminate. Yun yun.

So ito yung cross niyo, ito yung aking mga Now, another kind of deposition based on the
ireredirect kay mr. cruz. So, may redirect, timeline is deposition before action or pending
marecieve nyo. appeal. Let us discuss first deposition before
action. Ito, note ko lang, is a CONDITIONAL
A recross examination may be served after 3 days deposition kasi wala pang case. Now, what is the
after service thereof. objective of deposition before action? Ano ba ang
purpose nito eh wala pa naming kaso? In
And the deposition officer will collate all the anticipation of a later action. Ito wala pang kaso,
written interrogatories. So meron na tayong unlike yung sa pending action, either with or
direct, cross, redirect, recross. So pag nacollate na without leave of court.
lahat ng deposition officer, ngayonmagseset na ng
time and place and date of deposition taking. Sino What would be your course of action if there is no
ang present? Deponent, deposition officer. pending action yet and you would like to take a
Nandun, io-oath niya, oh mr. cruz, eto yung mga deposition of an expected party, in anticipation of
tanong sayo ng plaintiff, sasagutin niya lahat yun. a future action? What are you going to file before
Eto naman ang cross interrogatories ng the court?
defendant. Eh kung lahat kayo, edi pagod na A petition maam. This is required when the
pagod na (laughs). Eto naman ang redirect ng requesting party would have to file a petition
plaintiff. Pagkatapos nun, eto ang recross. Yun
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before the court requesting for a deposition to be his reasons for taking the deposition
obtained. and why the witness was presented as
a deponent instead of being put on
And what place/ where is the court to which the witness stand. It will likewise be
petition should be filed? What court? indicated therein that, should the
It may be filed maam in the court within the deponent be allowed to testify, those
residence of the expected party. contain in the deposition would be his
testimony. The deposition then can be
So kung ang expected mo na fafile-an mo ng kaso use as an additional evidence. Such
or magfafile ng kaso laba sayo ay taga manila, deposition may be used by the
dun mo i-file. Hindi yung sa place of residence mo. appellate court in ruling the case or it
So eto, yung pwedeng magpetition dito eitheryung may remand the case to the lower
fafile-an mo ng kaso or yung magfafile ng kaso court and such court may use the
against you. Okay. In the court of place of deposition as additional evidence in
residence of ANY expected party. Okay, now, so if rendering decision on the merit of the
the court is satisfied, based on your petition, the case.
court will order the deposition taking, either by
oral examination or written interrogatories. Can it also be use for purposes under section 4 of
rule 23?
Ngayon, ano yung uses ng deposition before Yes. Deposition pending appeal can also be used
action? Is it the same as deposition pending action for the same purposes such those in deposition
that you can use it the same as section 4, rule 23? pending action.
Yes maam. The deposition in this case may still be
used for the same purposes and the same manner RULE 25: INTERROGATORIES TO PARTIES
as in deposition pending action.  Purpose:
To elicit material and relevant facts from the
Remember that, kung ano yung purpose niyo ng adverse party.
pending action, you can also use it in deposition
before action. Let us end there. DEPOSITION UPON WRITTEN
INTERROGATORIES vs. INTERROGATORIES
DEPOSITION PENDING APPEAL TO PARTIES
DEPOSITION INTERROGATOR
It contemplates situation where there is pending UPON IES TO PARTIES
action before an appellate Court or a decision was WRITTEN Rule 25
already rendered by a court. INTERROGATOR
IES
Where should it be filed? Rule 23 Section
Deposition Pending Appeal must be filed in the 25
court of origin or court where the judgment was Adverse Parties
rendered. Any person, not (plaintiff and
Deponen
necessarily a defendant,
What is the use of deposition pending appeal? t
party to the action intervenor, third
It can be use in the event of further proceedings party defendant)
involving the same controversy No deposition
Example: officer. The
 Defendant presented his witness but There is written
the plaintiff objected thereto for deposition officer interrogatories
alleged incapacity of the witness or Depositi
who collates all were serve
alleged violation of privilege on
questions and in directly to the
communication and the court officer
turn propound to adverse parties
subsequently granted the motion not the deponent and answered by
allowing the defendant’s witness to the parties
testify. themselves
 The defendant then can file a motion Time for No particular Within 15 days
for leave of court to take the serving time because it is from receipt
deposition of the witness indicating
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the the deponent who thereof (can be be under oath unless in contesting actionable
answer will answer the shorten and document.
questions and not extended by the
the adverse party. court) Is there a requirement to specifically deny the
The adverse party matters in written interrogatories?
only prepares the No, it must only be in simple question and answer
sets of form because the purpose is only to elicit material
interrogatories and relevant facts.
Parties present or Binding only upon Example :
Who will
represented and the parties serve Q:Did you obtain a loan from BPI Family bank?
be
those with due (adverse parties A: No, I did not.
bound
notice thereof only)
Is the answer in written interrogatories constitute
Is leave of court necessary to serve written Judicial admission?
interrogatories? No, answer in written interrogatories is not a
Yes, before answer is served. judicial admission since it’s not filed with court
and it will not constitute evidence unless the other
How many set of written interrogatories can be party formally offered it in evidence. The party in
served? its discretion may or may not use it in trial.
Generally, only 1 set can be served to the same
party but with leave of court, the party may serve Can there be an objection to written
second or more than 1 set of interrogatories when interrogatories served?
he’s not satisfied with the answer in the first set Yes, objection may be presented within 10 days
or when he needed to ask more relevant matters. from service thereof before the court where the
case is pending and the grounds for objection
What is the consequence when defendant was must be cited likewise. The following may be a
served by the plaintiff with interrogatories but the ground for objection:
former failed to answer the same? 1. Irrelevancy of the interrogatories
Under Section 3(c) of Rule 29, defendant may be 2. Matter covered by privilege
declared in default for his failure to answer the communication
written interrogatories served upon him. 3. Its embarrassing and oppressive

What is the consequence when plaintiff was What is the scope of written interrogatories or
served by the defendant with interrogatories but what are questions which may be included?
the former failed to answer the same? Relevant matters not privilege ( always the scope
Under Section 3(c) of Rule 29, plaintiff’s failure to of the different modes of discovery)
answer may result to the dismissal of the
complaint. Where can the answer in written interrogatories
be used?
What if neither of the parties avail of written It can be use for the same purposes such as those
interrogatories? in deposition. It can be use in pending and
Availment of this mode is discretionary upon the subsequent action involving the same controversy
parties and they are not compelled to use the because it is under oath.
same. However the rule imposed sanctions for its
non-availment such as not allowing a party to RULE 26: ADNISSION BY ADVERSE PARTY
compel the other to be an adverse party witness or
give his deposition pending appeal. Purpose:
The party not availing this mode of discovery To request in writing to admit:
limits his sources of evidence. 1. Genuineness and due execution of a
document or whether the document in
Is an answer in written interrogatories similar to possession of one party is genuine and is
an answer to a complaint? duly executed and which when admitted
No, written interrogatories must be answer fully can be used as an evidence against the
in writing and need to be sign and sworn by the adverse party
person making it. Answer to a complaint need not 2. Truth of relevant and material facts

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To whom should the request be made? adverse to the party who failed to
Only to the adverse party and cannot be to any answer.
person not party to the case.
May an objection be raised?
When can it be made? Yes, within the period for or prior to service of
After the issues were joined. Unlike in deposition sworn statement.
and written interrogatories, request for admission
can only be made after joinder of issues. If there is an implied admission, can the
admission now be considered as judicial
If the written request for admission is served admission? What is the nature of such implied
upon the counsel of a party, is the party bound to admission?
answer the request for admission? Such implied admission is in the nature of
No, according to the rule the request should be evidence only and not a judicial admission
serve directly to the party because it is the party because it is not yet filed in the court. It is only a
who himself who will admit the genuineness and mode discovery and the party may even chose not
due execution of the document or the truth of facts to use it in trial.
setforth in the request.
Example: Who may use the answer?
 If plaintiff A served to the counsel of The admission may be sued by the plaintiff and
defendant X written request to admit defendant and any other party to the case.
genuiness of the deed of sale,
defendant X cannot be compelled to
answer the same because he was not
directly serve with the request. Can it be withdrawn after service?
Service alone to the counsel is not Yes, the rule allows the party to change and
valid. amend their admission because it is not yet
submitted in court. It is not yet part of evidence in
What if the written request for admission is the pending action unless the party will make a
served upon both counsel and the party? Can the formal offer for it to be admitted as evidence.
lawyer answer the same?
Yes, as long as the party has been serve directly. What is the consequence of the non-availment of
this mode of discovery?
When is there an implied admission? The party can no longer prove such facts and not
Two situations: permitted to present such evidence on facts
1. The adverse party answered the relating to the genuineness of the document and
request for admission but the answer truth of relevant and material facts. (According to
simply denied the request. Judge Quimbao, this rule is hardly observe in the
Under the rule, the sworn statement must actual practice)
specifically deny the matters to which the
admission is requested for it not to amount to SECTION 27: PRODUCTION AND INSPECTION
implied admission and the same must be sworn as OF DOCUMENTS AND THINGS
well. Simple denial will result to implied
admission. When can it be use?
2. If the other party ignored the request Only under pending action.
for admission and did not serve any
answer. What are the requisites for the court to allow
production and inspection?
What are the consequences of a party’s failure to 1. Upon motion upon good cause shown
serve any answer? 2. When it sufficiently describe with
1. It will amount to implied admission. particularity the documents or
2. The court may render summary property, etc. to be inspected.
judgment because the genuineness 3. Must not be privilege
and due execution of the document or 4. Constitute or contains evidence
the truth of facts setforth in the relevant to the pending action
request are deemed admitted and such 5. Must be in possession, custody and
summary judgment would likely be control of the party so ordered
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 With regards to privilege communication, what
Can it be issued to a person not party to the are privileged communications?
action?  Communications between:
No, only parties to the case are subject to o Husband and wife
production or inspection order and never third o Attorney and client
parties, otherwise it can be questioned and be o Physician and patient
declared as null and void. o Priest and penitent
o Public officers and public interest
What are covered by the production or inspection  Editors may not be compelled to disclose
order ? the source of published news
1. Order any party to produce and permit  Voters may not be compelled to disclose
the inspection and copying or for whom they voted
photographing, by or on behalf of the  Trade secrets
moving party, of any designated  Information contained in tax census
documents, papers, books, accounts, return
letters, photographs, objects or  Bank Deposits
tangible things, not privileged, which
constitute or contain evidence Example:
material to any matter involved in the  A published paper states that according to
action and which are in his possession, a reliable source, the director of BFAD
custody or control approved a certain product which is
Example: photographing an object evidence addictive in nature.
2. Order any party to permit entry upon  If a civil case for damages(in libel)
designated land or other property in is filed by the director of BFAD
his possession or control for the against the publisher or editor of
purpose of inspecting, measuring, the paper, the director, in utilizing
surveying, or photographing the the inspection and production
property or any designated relevant mode of discovery cannot asked
objects or operation the court upon motion to produce
Example: ocular inspection in a property where and name the reliable source
there is an alleged violation of environmental laws mentioned in the published paper
and for application for writ of kalikasan, for this would be a violation of the
surveying and measuring land to determine non-disclosure of privilege
property boundaries communication.

With regards to particularity of description: Another example: In a litigation where the court
It is necessary that the property and the granted a motion for production of 100 pieces of
documents subject of the inspection and personal computers allegedly use for hacking a
production order must be described with sufficient company’s data, who will have custody of such
particularity for it not to amount to unreasonable computers produced before the court?
search. Documents or things, etc. covered by the
production and inspection order cannot be
Example: retained by either the party requesting its
A motion and order contain the following: production or the court where the action is
“Property of Mr. X in #175 Sampaloc Manila to be pending. In the above example, the personal
subject to ocular inspection and to look for computers were only produced as result of mode of
documents relative to his business” discovery availed by a party. They are not yet
 The above example is violative of the considered in custodial egis.
constitutional mandate against
unreasonable search. RULE 28: PHYSICAL AND MENATAL
 This mode of discovery must be EXAMINATION OF PERSONS
limited to matters relevant to the
pending action, not privilege and not Who will be examined?
violative of the constitutional mandate Only party to the case and not third party.
against unreasonable search.
When can it be ordered?
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It can only be ordered if the physical and mental 2. By requesting and obtaining a
condition of a person is in controversy. Likewise it report of the examination or by
is only allowed in pending action and not in taking the deposition of the
anticipation of any future action. examiner, the party examined
Examples: waives any privilege he may have in
 Petition for nullity of contract based that action or any other involving
on insanity of a party which would the same controversy, regarding the
vitiate consent. testimony of every other person who
 Petition for declaration of nullity of has examined or may thereafter
marriage based on section 36 of examine him
Family Code: psychological incapacity
of spouse
RULE 29: REFUSAL TO COMPLY WITH
Can it be objected on the ground that it violates MODES OF DISCOVERY
the physician and patient privilege
communication? What are the sanctions for refusal to answer
No. The privilege communication is already deposition?
waived when by the person when he submitted to Upon oral examination or written interrogatories
examination. in deposition or in interrogatories to party, a
party, deponent or even a witness who refused to
What are the other grounds for objecting this answer may be compelled by court upon proper
mode of discovery? application to answer. A refusal to answer after
1. Irrelevancy of the examination being directed by the court may be considered as a
Example: In action for collection of sum of money, contempt of court.
physical and mental examination is irrelevant.
2. Violation of Right against self- Can the court likewise order the arrest of such
incrimination, but the Court still disobedient party?
needs to decide and weigh whether Yes, under, Rule 29 section 3(d), the court may
the examination is indeed order the arrest of the disobedient party EXCEPT
violative of one’s right against self- if the person or party invoke his constitutional
incrimination. right against self-incrimination but the court still
Example: Submission of a party to a drug test needs to decide and weigh whether the oral
examination and interrogatories are indeed
What are the consequences if the party examined violative of one’s right against self-incrimination.
requested the party causing the examination to
deliver to him a copy of a detailed written report What are the other consequences for refusal to
of the examining physician? answer designated or particular questions or
1. The party causing the examination to refusal to produce documents or things or to
be made shall be entitled upon request submit to physical or mental examination?
to receive from the party examined a 1. The court may order that the matters
like report of any examination, regarding which the questions were asked
previously or subsequently made shall be taken as established for purposes
regarding the same mental or physical of the action in accordance with the claim
condition. of the party obtaining them.
2. The court may issue an order refusing to
But will this constitute violation against allow the disobedient party to refuse or
disclosure of privilege communication? support designated claims or defenses or
No, because this rule does not intend that all prohibiting him from introducing in
physical and mental examinations of the party are evidence designated documents or things
open for scrutiny by the other party. What it or items of testimony, or from introducing
allows is only examinations previously or evidence of physical or mental condition.
subsequently made regarding the same mental or 3. The court may issue an order striking out
physical condition relevant and subject of the pleadings or parts thereof, or staying
pending action. further proceedings until the order is
obeyed, or dismissing the action or
proceeding or any part thereof, or
74 | P a g e
 rendering a judgment by default against
the disobedient party.
4. The court may direct the arrest of any
party or agent of a party for disobeying
any of the orders of the court, except an
order to submit to a physical examination.

Section 5 of rule 29 in relation to section 3(c):

Under Section 5 of Rule 29 and Section 3(c) of the
same Rule, one of the consequences of a party’s
refusal to serve answer to interrogatories under
Rule 25 is striking out of factual matters in the
pleading, what is the difference then between
these 2 sections?
The consequences under Section 5 of Rule 29 will
apply if the party refuses to answer the WHOLE
set of written interrogatories while consequences
under Section 3(c) of the same rule will apply if
the party refuses to answer a PARTICULAR
QUESTION in the written interrogatories.

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