CIVIL PROCEDURE B.

As to object
RULE 1: GENERAL PROVISIONS Action in rem Action in personam Action quasi in rem
Direct against the thing itself Directed against a particular Directed against a particular
Section 1. Title of the Rules person persons
 The rules of court are NOT penal statutes. They cannot be given retroactive effect. They Jurisdiction over the person of Jurisdiction over the person of Jurisdiction over the person of
can, however, be made applicable to cases pending at the time of their passage and the defendant is NOT the defendant IS required the defendant is NOT
therefore are retroactive in that sense. required required as long as
jurisdiction over the res is
*The rule-making power of the Supreme Court has the following limitations:
required
1. Simplified and inexpensive procedure for the speedy disposition of cases;
A proceeding to determine An action to impose a A proceeding to subject the
2. Uniform for all courts of the same grade; and
the state or condition of a responsibility or liability upon interest of a named defendant
3. Shall not diminish, increase, or modify substantive rights (Art VII Sec 5(5)).
thing a person directly over a particular property to
*In the Interest of just and expeditious proceedings, the Supreme Court may suspend the an obligation or lien
application of the Rules of Court and except a case from its operation because the rules were burdening it
precisely adopted with the primary objective of enhancing fair trial and expeditious justice. Judgment is binding on the Judgment in binding only Judgment binding upon
(Republic vs. CA, L-31303-04, May 31, 1978) whole world upon parties impleaded or particular persons
their successors in interest
Section 2. In what courts applicable Ex: probate proceeding; Ex: Action for specific Ex: Action for partition; action
All courts unless otherwise provided by the Supreme Court cadastral proceeding performance; action for to foreclose real estate
*These rules shall be uniformly applied to all courts provided it is applicable breach of contract; Action for mortgage; Action for
*Supreme Court is the Judicial Body tasked to interpret the law sum of money; action for accounting
damages
Section 3. Cases governed no one other than the Deal with the status,
defendant is sought to be ownership or liability of a
Action Claim held liable, not the whole particular property but which
An ordinary suit in a court of A right possessed by one world are intended to operate on
justice against another these questions only as
One party prosecutes The moment said claim is between the particular parties
another for the enforcement filed before a court, the
or protection of a right or the claim is converted into an The distinction is important in determining the following:
prevention or redress of a action or suit 1. W/N JURISDICTION over the person of the defendant is required (and consequently
wrong to determine the type of summons to be employed); and
a. Jurisdiction over the person of the defendant is necessary for the court to
APPLICABILITY: validly try and decide a case against said defendant where the action is one
1. Civil Action – one by which a party sues another for the enforcement or protection of a right, in personam but NOT where the action is in rem or quasi in rem.
or the prevention or redress of a wrong (sec3[a]) 2. Persons upon whom judgment is binding
2. Criminal Action – one by which the State prosecutes a person for an act or omission
punishable by law (sec3[b]) *An action in personam is not necessarily a personal action. Nor is a real action necessarily an
3. Special Proceedings – remedy by which a party seeks to establish a status, right or action in rem. An in personam or an in rem action is a classification of actions according to the
particular fact object of the action. A personal and real action is a classification according to foundation. It is in
rem when directed against the whole world.
Classification of Actions
A. As to Nature *An action for ejectment is a real action because it involves the issue of possession of real
Ordinary civil action Special Civil Action property. It is also however, an action in personam because the action is directed against a
Governed by ordinary rules Also governed by ordinary particular person who is sought to be held liable.
rules but SUBJECT to *An action for the declaration of nullity of marriage is a personal action because it is not founded
specific rules prescribed on real estate. It is also an in rem action because the issue of the status of a person is one
(Rules 62-71) directed against the whole world. One’s status is a matter that can be set up against anyone in
Formal demand of one’s Special features not found in the world. On the other hand, an action for damages is both a personal action and action in
legal rights in a court of ordinary civil actions personam.
justice in the manner
prescribed by the court for C. As to cause
by the law Real Action Personal Action Mixed Action
*Ordinary civil action – requires a cause of action Ownership or possession of Personal property is sought to Both real and personal
*Special civil action – NOT necessarily need a cause of action; but can go to court for real property is involved be recovered or where properties are involved
determination of right or protection of a right (Ex: Declaratory relief (Rule 63) – Without a cause (“affects title to or possession damages for breach of
of action; only to determine the validity of a law, etc). Special rules will apply primarily; ordinary of real property or interest contract are sought
rules will apply suppletory. (Atty. Tranquil) therein” Rule4[1])

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 Founded on privity of real Founded on privity of contract Founded on both In determining whether an action is one the subject matter of which is not capable of pecuniary
estate (i.e. the realty or an estimation this Court has adopted the criterion of first ascertaining the nature of the principal
interest therein is the subject action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is
matter of the action) considered capable of pecuniary estimation, and whether it is in the municipal trial courts or in
Filed in the court where the Filed in the court where the The rules on venue of real the regional trial courts would depend on the amount of the claim.
property or any part thereof is plaintiff or any of the actions shall govern
However, where the basic issue is something other than the right to recover a sum of money or
situated defendants resides, at the
where the money claim is purely incidental to, or as consequence of, the principal relief sought,
option of the plaintiff
this Court has considered such action as cases where the subject may not be estimated in terms
Ex: Accion reinvindicatoria Ex: Action for sum of money; Ex: Accion publiciana with a
of money, and are cognizable exclusively by Regional trial courts (Davao light & Power Co. vs.
Action for declaration of the claim for damages
Hon. Judge of RTC Davao City, Br. 8, GR No. 147058, March 10, 2006).
nullity of marriage
Note: it is not enough that the Note: the plaintiff seeks the Examples: Specific performance; Rescission; Support; Foreclosure of Mortgage; Injunction, etc.
action must deal with real recovery of personal property,
property; it is important that the enforcement of a contract Section 4. In what cases NOT applicable
the matter in litigation must or the recovery of damage. NOT applicable in:
also involve any of the ff 1. Election cases;
issues: title to, ownership, 2. Land registration/Cadastral cases;
possession, partition, 3. Naturalization;
foreclosure of mortgage or 4. Insolvency proceedings;
any interest in real property 5. Other cases not provided in the Rules of Court.
*in these cases, it is special law which confers jurisdiction to courts
Note: An action could be real as to cause and in personam as to object (e.g. action to recover a
piece of land). An action could also be personal as to cause and in rem as to object (e.g. action Exception: the Rules of Court are applicable to the abovementioned cases by analogy or in a
for annulment of marriage). suppletory character and whenever practicable and convenient.
*The distinction is significant in determining the VENUE of an action.
Section 5. Commencement of action
A civil action is commenced by:
D. As to place of filing
1. The FILING OF THE COMPLAINT (when an additional defendant is impleaded in a later
Local Action Transitory Action
pleading, the action is commenced with regard to him on the date of filing of such LATER
Must be brought in a particular Dependent on the place where PLEADING); and
place where the subject the party resides regardless of
property or a portion thereof is where the cause of action arose Note: An action can be commenced by filing the complaint by registered mail. In which case, it is
located, unless there is an subject to (Sec4, Rule4) the date of mailing that is considered as the date of filing and not the date of the receipt thereof
agreement to the contrary by the clerk of court.
(Sec4, Rule4) “FILING” – the act of presenting the said complaint before the clerk of court (Sec2, Rule 13)
Ex: Action to recover real Ex: Action to recover sum of  Civil actions are deemed commenced from the date of filing and docketing of the complaint,
property money without taking into account the issuance and service of summons (Cabrera vs. Tiano, GR
No. L-17299, July 31, 1963)
Note: If the action is founded on privity of contract between the parties, then the action whether
debt or covenant, is TRANSITORY. But if there is no privity of contract and the action is founded 2. The PAYMENT OF DOCKET FEES (determined not only in the amount of the claim but also
on privity of estate only, such as a covenant that runs with the land in the hands of the remote by the amount of damages).
grantees, then the action is LOCAL and must be brought in the place wherein the land lies
(Paper Industries Corporation vs. Samson, GR No. L-30175, November 28, 1975) Note: The amount of damages should be specified not only in the body of pleading but also in
the prayer.
*A personal action is ‘transitory’, i.e., its venue depends upon the residence of the plaintiff or the
defendant at the option of the plaintiff. A personal action “may be commenced and tried where The court may allow the payment of the deficient docket fee within a reasonable period but not
the plaintiff or any of the PRINCIPAL plaintiffs resides, or in the case of a non-resident beyond the applicable prescriptive or reglementary period.
defendant, where he may be found, at the election of the plaintiff” (Sec2, Rule4; Bar 1994)  It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment
of the prescribed docket fee that vests a trial court with jurisdiction of the subject matter or
*An action for the recovery of possession of the leased premises located in Davao City and for nature of the action. (Heirs of Bertuldo Hinog vs. Melicor (2005))
the payment of accrued rentals is a real action. The venue of the action is Davao City ( Bar  In Sun Insurance Office Ltd., vs. Asuncion (170 SCRA 274, 1989) the Supreme Court laid
1991) down the following rules:
a. It is not simply the filing of the complaint or appropriate initiatory pleading but
*The nature of the action is one to compel the recognition of the validity of the previous award by
also the payment of the prescribed docket fee that vests a trial court with
seeking a declaration that the cancellation is null and void. The venue is the residence of the
jurisdiction over the subject matter or nature of the action. Where the filing of the
plaintiff or that of the defendant at the option of the plaintiff. (Hernandez vs. DBP, 71 SCRA 290;
initiatory pleading is not accompanied by payment of the docket fee, the court
Bar 1976; Bar 1978) (Riano pp.126-127)
may allow payment of the fee within the reasonable time but in no case beyond
the applicable prescriptive period.
Actions Incapable of Pecuniary Estimation

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 b. The same rule applies to permissive counterclaims, third-party claims and similar Injury is the illegal invasion of a legal right while damage is the loss, hurt, or harm which results
pleadings which shall not be considered filed until and unless the filing fee from the injury.
prescribed therefor is paid.
c. Where the trial court acquires jurisdiction over a claim by the filing of the Right of Action – Right of a person to bring and prosecute action to obtain judgment.
appropriate pleading and payment of the prescribed filing fee, but subsequently, Requisites of a Right of Action:
the judgment awards a claim not specified in the pleading, or if specified, the 1. There must be a GOOD CAUSE (the existence of a cause of action);
same has been left for determination by the court, the additional filing fee therefor 2. A compliance with all the CONDITIONS PRECEDENT to the bringing of the action; and
shall constitute a lien on the judgment. o Matters which must be complied with before a cause of action arises = compliance of
*Who determines the amount of filing fees? – Answer: Clerk of Court; the clerk of court who is the same must be alleged in the pleading
also the “ex-officio sheriff” wherein all the sheriffs report to him and he is under the control of o Examples: Promissory note – must be due and demandable; in cases of unlawful
executive judge who will conduct the raffle (cross-reference to Rule 20[2] and Rule 141) ( Atty. detainer – there must be first a DEMAND to vacate; unless suit is based on expiration,
Tranquil) wherein notice and demand are not required.
3. The action must be instituted by the PROPER PARTY.
*Can you re-file the case when the court dismissed the case for insufficiency/lack of payment of
filing fees? – Answer: Yes. Because the dismissal is without prejudice. Cause of Action Right of Action
Delict or wrongful act or Remedial right or right to relief
Section 6. Construction omission committed by the granted by law to a party to
General Rule: Liberal construction defendant in violation of the institute an action against a
*left to the discretion of the court and depends on the fact of the case: “case to case basis” primary rights of the plaintiff person who has committed a
*How shall the Rules of Court be construed? Answer: The Rules of Court shall be liberally delict or wrong against him
construed in order to promote their objective of securing a just, speedy and inexpensive The reason for the action The remedy or means afforded
disposition of every action and proceeding (Rule 1[6]; Bar 1998) or the consequent relief
Exceptions: The formal statement of the The remedial right given to a
1. Reglementary periods; operative facts that gives rise person because of the
2. Rule on forum shopping; to remedial right occurrence of the alleged facts
3. Service of summons. A matter of procedure and A matter of right and depends
 The power of the Supreme Court to promulgate rules concerning pleading, practice, and depends on the pleadings filed on substantive law
procedure includes the power to suspend the effectivity of such rules or to provide an by the parties
exception from the operation of said rules. It is within the inherent power of the Supreme Not affected by affirmative Affected by affirmative defenses
Court to suspend its own rules in a particular case in order to do justice (De Guia vs. De defenses (fraud, prescription,
Guia, GR No. 185384, April 4, 2001) estoppels, etc)
Reasons which would warrant the suspension of the Rules: (Riano pp.24)
STATES NO cause of action LACK of cause of action
1. The existence of special or compelling circumstances;
2. The merits of the case; “Fails to state a cause of Failure to “establish” a cause of
3. A cause not entirely attributable to the fault or negligence of the party favored by the action” (Atty. Tranquil) action
suspension of rules; When the plaintiff fails to There is sufficiency of allegation
4. A lack of any showing that the review sought is merely frivolous and dilatory; and allege an essential element of but the evidences presented do
5. The other party will not be unjustly prejudiced thereby (Sarmiento vs. Zaratan, GR No. the case not prove the cause of action
167471, February 5, 2007) Before responsive pleading is Only after the plaintiff has rested
filed; before beginning of trial its case
CIVIL ACTIONS Relief Remedy Subject Matter
Ordinary Civil Actions
The redress, protection, The procedure or appropriate The thing wrongful act,
RULE 2: CAUSE OF ACTION award or coercive measure legal form of relief of action contract or property which is
which the plaintiff prays the which may be availed of by directly involved in the action,
court to render in his favor as the plaintiff as the means to concerning which the wrong
Section 1. Ordinary Civil Actions, basis of consequence of the delict obtain the desired relief has been done and with
Every ordinary civil action must be based on a cause of action. committed by the defendant respect to which the
controversy has arisen
Section 2. Cause of Action, Defined
Cause of Action – the act or omission by which a party violates the right of another. Section 3. One suit for a single cause of action
A party may not institute more than one suit for a single cause of action
Requisites of a Cause of Action:
1. LEGAL RIGHT of the plaintiff. Section 4. Splitting a single cause of action, effect of
2. CORRELATIVE OBLIGATION of the defendant to respect plaintiff’s right; and Splitting of cause of action is the act of dividing a single or indivisible cause of action into
3. Act or omission of the defendant in VIOLATION of the plaintiff’s legal right. several parts or claims and bringing several actions thereon. It is NOT ALLOWED.
Purpose:

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To avoid the ff:
1. Multiplicity of suits; 3. Where the causes of action are between the same parties but pertain to different venues or
2. Conflicting decisions; jurisdictions, jurisdiction is with the Regional Trial Court, provided that:
3. Unnecessary vexation and harassment of defendants; and a. One of the causes of action falls within the jurisdiction of the RTC; and
4. Operates as an instrument of harassment, and generates unnecessary expenses to b. The venue lies thereon.
the parties. 4. Where the claims in the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction (Totality Rule).
 Applies NOT only to complaints but also to counterclaims and cross-claims
 To illustrate: (Riano, pp.108) An action for forcible entry should include not only the plea for Restrictions on the joinder of causes of action:
restoration of possession but also claims for damages arising out of the forcible entry. The 1. Jurisdiction;
claim for damages cannot be files separately. (Progressive Development Corp., Inc. vs. 2. Venue; and
CA, 301 SCRA 637) 3. Joinder of parties.
 A bank cannot file a civil action against the debtor for the collection of the debt and then
subsequently file an action to foreclose the mortgage. This would be splitting a single cause Totality rule under BP 129 (Sec33[1])
of action. (Danao vs. CA, 154 SCRA 446; Bar 1999) Where there are several claims or causes of actions between the same or different parties,
 An action for annulment of the sale of certain shares of stock should include a claim for the embodied in the same complaint, the amount of the demand shall be the totality of the claims in
recovery of dividends which have accrued on the shares (Bar 1996). all causes of action, irrespective of whether the causes of action arose out of the same or
different transaction.
*Totality rule only applies for sums of money (Atty. Tranquil)
Remedies against Splitting a Single Cause of Action
1. Motion to dismiss on the ground of: *Ex: A borrowed money from B. A also delivered goods to B. A borrowed B’s car and never
a. Litis pendentia (Rule16, Sec1[e]); or returned. A, whose under a construction business, to construct B’s house, but A never did. –
b. Res Judicata (Rule16, Sec1[f]) Question: How may cause/s of action? Can we join? Does totality rule apply? – Answer: You
2. An answer alleging either as affirmative defense (Rule16, Sec6) can join causes of action without limitation as to how many – in the alternative or otherwise.
(Atty. Tranquil)
Note: It need not be the second action files that should be dismissed. The phraseology of the
present rule (Sec4, Rule 2) no longer confines the dismissal to the second action. As to which Note: We will follow the totality rule in BP 129 because it is elementary in statutory construction
action should be dismissed would depend upon judicial discretion and the prevailing that in case of conflict, substantive law prevails over procedural laws.
circumstances of the case. (Riano, pp. 114)
Splitting of Cause of Action Joinder of Causes of Action
Rules Determining the Singleness of a Cause of Action There is a single cause of action Contemplates several causes of action
PROHIBITED ENCOURAGED
General Rule: A contract embraces only one cause of action even if it contains several It causes multiplicity of suits and double It minimizes multiplicity of suits and
stipulations vexation on the part of the defendant inconvenience on the parties
Exception: A contract to do several things at several times is divisible, and judgment for a
single breach of a continuing contract is not a bar to a suit for a subsequent breach. (e.g. Section 6. Misjoinder of Causes of Action
promissory note payable in several installments so long as there is no acceleration clause) Not a ground for dismissal of an action. A misjoined cause of action may be severed and
proceeded with separately.
Exception to the exception: All obligations which have matured at the time of the suit must be
integrated as one cause of action in one complaint, and those not so included would be barred. There is NO sanction against non-joinder of separate causes of action since a plaintiff needs
only a single cause of action to maintain an action.
Doctrine of Anticipatory Breach: An UNQUALIFIED and POSITIVE REFUSAL to perform a
contract, though the performance thereof is not yet due, may, if the renunciation goes into the
RULE 3: PARTIES TO CIVIL ACTIONS
whole contract, be treated as a complete breach which will entitle the injured party to bring his
action at once. (Blossom & Co. vs. Manila Gas Corp., 55 Phil 226 (1930)) Section 1. Who may be parties; plaintiff and defendant
Requirements for a person to be a party to a civil action
*The rule against splitting of a cause of action applies only where the action is between the
1. He must be either:
same parties. (Itogon Suoc Mines vs. SIWU, GR No. L-24189, August 30, 1968)
a. A natural person;
b. A juridical person;
Section 5. Joinder of causes of action
i. The State and its political subdivisions;
Joinder of causes of action is purely PERMISSIVE. The plaintiff can always file separate actions
ii. Other corporations, institutions and entities for public interest or
for each cause of action.
purpose, created by law; and
Requisites for Joinder of Causes of Action iii. Corporations, partnerships and associations for private interest or
1. The party joining the causes of action must comply with the rules on joinder of parties: purpose to which the law grants a juridical personality, separate
and distinct from that of each shareholder, partner or member.
Note: The following are the ELEMENTS FOR A JOINDER OF PARTIES (Sec6, Rule3): (Art.44 of the Civil Code; Riano pp.211)
a. A right to relief in respect to or arising out of the same transaction or series of c. An entity authorized by law.
transactions; and 2. He must have the legal capacity to sue; and
b. A common question of law or fact. 3. He must be the real party in interest
2. The joinder shall not include special civil actions or actions governed by special rules;

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*One need not be a natural or a juridical person to be a party to a civil action. As long as an judicial power
entity is authorized by law to be a party, such entity may sue, be sued or both. An example No valid judgment if indispensable The case may be determined in court
would be Sec15, Rule3, “When two or more persons not organized as an entity with juridical party is not joined but the judgment therein will not
personality enter into a transaction, they may be sued under the name by which they are resolve the entire controversy if a
generally or commonly known.” (Riano, pp. 179) necessary party is not joined
They are those with such an interest They are those whose presence is
Note: Entities authorized by law to be parties to a suit include:
in the controversy that a final necessary to adjudicate the whole
1. The estate of a deceased person;
determination would necessarily controversy but whose interests are
2. A political party incorporated under Act 1459 (now BP Blg. 68, Corporation Code);
affect their rights so that the court so far separable that a final decree
3. A registered labor union (Sec 243, PD 442, Labor Code), with respect to its property;
cannot proceed without their can be made in their absence without
4. Corporation by estoppel; and
presence affecting them
5. Dissolved Corporation (within 3 years after its dissolution). (Riano pp.212)
*As to properties of the Roman Catholic Church, the Archbishop of the diocese to which they  Sec2, Rule 3 of the Rules of Court requires that an action must be brought in the name but
belong may be a party (Versoza vs. Fernandez, GR No. L-25254, Nov. 22, 1926). not necessarily by the real party in interest. In fact, the practice is for an attorney in fact to
bring the action, e.g., to file the complaint in the name of the plaintiff. (Tuason vs. Bolanos,
Lack of Legal Capacity to Sue Lack of Legal Personality to Sue 95 Phil 06 (1954)).
It refers to plaintiff’s general disability The plaintiff is NOT the real party in  Only parties to a contract may sue. However, a beneficiary of a stipulation pour autrui may
to sue, such as on account of minority, interest demand its fulfillment.
insanity, incompetence, lack of
juridical personality or any other Classification of Parties in Interest
general disqualifications of a party. 1. Indispensable parties – those without whom no final determination can be had of an
action (must be joined under all conditions). The joinder of indispensable parties is
It can be a ground for a motion to It can be used as a ground for a
mandatory. A person is NOT an indispensable party, however, if his interest in the
dismiss on the ground of lack of legal motion to dismiss based on the fact
controversy or subject matter is separable from the interest of the other parties.
capacity to sue that the complaint, on the face
thereof, states no cause of action. *Illustration: A filed an action against B, driver of the truck, C, owner of said truck, and D,
insurer of the truck, for damages when the truck rammed his car. A & D entered into a
Plaintiff – one having an interest in the matter of the action or in obtaining the relief demanded.
compromise agreement upon an amount lower than that sued upon by A against all 3
The term may refer to the claiming party, the counter-claimant, the cross-claimant, or the third
defendants. Accordingly, the court dismissed the case against D. B&C moved to dismiss
(fourth, etc.) - party plaintiff.
the case against them on the ground that, being indispensable parties under a common
Defendant – one claiming an interest in the controversy or the subject thereof adverse to the
cause of action, non-inclusion of D would not make the case prosper. Are the defendants
plaintiff. The term defendant may include:
indispensable parties? How would you resolve the motion? – Answer: The motion should
1. An unwilling plaintiff or one who should be joined as plaintiff but refuses to give his
be denied. B&C are NOT indispensable parties in relation to D and vice versa. The cause
consent thereto (Sec10, Rule3)
of action against B&C is based on quasi delicts or culpa aquiliana while the cause of action
2. The original plaintiff becoming a defendant to original defendant’s counterclaim; or
against D is based on the contract of insurance. A dismissal of the case against D will not
3. One necessary to a complete determination or settlement of the questions involved
affect the case against B&C. (Riano pp. 221; Bar 1996)
therein.
2. Necessary parties – those who are not indispensable but ought to be joined as parties if
*In pleading capacity to sue or be sued, the facts showing such capacity must be averred. For
complete relief is to be accorded as to those already parties or for a complete
example, if a person is in a representative capacity, such capacity must be averred in the
determination or settlement of the claim subject of the action (may or may not be joined).
complaint. (Atty. Tranquil)
*Effect of a justified failure to implead a necessary party does NOT prevent the court from
Section 2. Parties in Interest proceeding in the action, and the judgment rendered therein shall be without prejudice to
Real party in interest – the party who stands to be benefited or injured by the judgment in the the rights of such necessary party. (Riano pp. 227; Bar 1998)
suit or the party entitled to the avails of the suit.
*When court may order joinder of a necessary party? – answer: If the reason given for the
Note: To be a real party-in-interest, the interest must be ‘real’, which is a present substantial non-joinder of the necessary party is found by the court to be unmeritorious, it may order
interest as distinguished from a mere expectancy or a future, contingent subordinate or the pleader to join the omitted party if jurisdiction over his person may be obtained. Failure
consequential interest. In Oposa vs. Factoran (GR No. 101083, 1993), minors represented by to comply with the order of the court, without justifiable cause, shall be deemed a waiver of
their parents were held as real parties in interest to file an action to annul timber licenses issued the claim against such party. (Sec9, Rule3) (Riano pp.227; Bar 1998)
by the State under the ff principles:
a. Inter-generational responsibility; 3. Representative parties – those acting in fiduciary capacity such as trustees, guardians,
b. Inter-generational justice; executors, or administrators. The beneficiary shall be included in the title of the case and
c. The right of the Filipinos to a balanced and healthful ecology; and shall be deemed to be real party in interest.
d. Minors represent themselves and the generation to come. 4. Pro forma parties – those who are required to be joined as co-parties in suits by or against
Indispensable parties Necessary parties another as may be provided by the applicable substantive law or procedural rule such as in
Must be joined under any and all Should be joined whenever possible, the case of spouses under Section4.
conditions, their presence being a the action can proceed even in their
sine qua non for the exercise of absence 5. Quasi parties – those in whose behalf a class or representative suit is brought.

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 2. There is a QUESTION OF LAW OR FACT COMMON to all the plaintiffs or
Doing Business in the NOT Doing Business defendants; and
Philippines in the Philippines 3. Such joinder is NOT otherwise PRESCRIBED by the provisions of the rules on
With a license Corporation can SUE jurisdiction and venue.
before Philippine courts
Series of transactions – Separate transactions which are directly connected with the same
on any transaction
subject matter of the suit.
(Agilent Tech. vs.
Integrated Silicon (2004)) No need for license to
sue before Philippine Section 7. Compulsory joinder of indispensable parties
Without a license Corporation cannot sue
Courts on an ISOLATED  Parties in interest without whom no final determination can be had of an action shall be
before Philippine Courts.
TRANSACTION, or on a joined either as plaintiffs or defendants.
Philippine citizen or entity cause of action entirely  The absence of an indispensable party renders all subsequent actuations of the court null
that CONTRACTED with independent of any and void for want of authority to act not only as to the absent parties but even as to those
the foreign corporation business transaction present.
may be ESTOPPED from  Whenever it appears to the court in the course of the proceeding that an indispensable
challenging its personality party has not been joined, it is the duty of the court to stop the trial and to order the
in a suit brought before inclusion of such party. Where the court orders the plaintiff to amend its complaint within a
Philippine Courts certain period of time in order to implead as party defendants one who is indispensable,
plaintiff’s refusal to comply is a ground for dismissal of the complaint.
Section 3. Representatives as parties  The court said that non-joinder of indispensable parties is NOT a ground for the dismissal
The beneficiary shall be included in the title of the case and shall be deemed to be the real party of an action. At any stage of a judicial proceeding and/or at such times as are just, parties
in interest. may be added on the motion of a party or on the initiative of the tribunal concerned. If the
plaintiff refuses to implead an indispensable party despite the order of the court, that court
A REPRESENTATIVE may be a trustee of an express trust, a guardian, an executor or may dismiss the complaint for the plaintiff’s failure to comply with the order. (Riano pp. 223)
administrator, or a party authorized by law or these Rules.
An agent acting in his own name and for the benefit of an undisclosed principal may sue or be Section 8. Necessary party
sued without joining the principal EXCEPT when the contract involves things belonging to the  A necessary party is not indispensable to the action. A final determination of the case can
principal. be had among the parties already impleaded where a necessary party for some justifiable
reason, is not joined. But a necessary party “ought to be joined as a party if complete relief
Section 4. Spouses as parties is to be accorded as to those already parties”. (Riano pp. 224)
General Rule: Sue or be sued jointly.  Also called PROPER PARTIES – those whose presence is necessary to adjudicate the
Exception: WHOLE controversy, but those interests are so far separable that final decree can be made
1. Judicial separation; in their absence without affecting them (Quisimbing vs. CA, GR No. 93335, Sept. 13,
2. Separation of at least 1 year; 1990).
3. Separation of property agreed upon in the marriage settlement;
Joint Debtors – Indispensable party in a suit against him but necessary party in a suit against
4. Administration of all the property in the marriage has been transferred to the wife;
his co-debtor
5. Litigation is between husband and wife;
Solidary debtor – In a suit brought by a creditor against one solidary debtor the other solidary
6. Suit concerns her paraphernal property;
debtor is NEITHER indispensable nor a necessary party.
7. Action is upon the civil liability arising from a criminal offense;
8. Litigation is incidental to the profession, occupation or business in which she is
Section 9. Non-Joinder of necessary parties to be pleaded
engaged;
Duty of a pleader whenever a necessary party is not joined or impleaded:
9. Civil action referred to in Articles 25 to 35 of the Civil Code; or
1. State the name of the necessary party, if known; and
10. Quasi-delict
2. State why said necessary party is omitted in the pleading.
11. By reason of one’s personal misconduct (Atty. Tranquil)
 Should the court find the reason for the omission UNMERITORIOUS, it may order the
Section 5. Minor or Incompetent Persons inclusion of the omitted necessary party if jurisdiction over his person may be obtained by
A suit may be brought by or against a minor or incompetent but with the ASSISTANCE of his ordering plaintiff to file an amended complaint impleading the necessary party therein as
parents or his guardian. co-defendant.
A person NEED NOT be judicially declared incompetent, it being sufficient that his incompetency Note: The failure to comply with the court’s order to include or join a necessary party without
be ALLEGED in the corresponding pleadings. justifiable cause shall be deemed a waiver of the claim against such party.

Section 6. Permissive joinder of parties Section 10. Unwilling co-plaintiff

Permissive Joinder – The rule on permissive joinder of parties is that they can be joined in one
single complaint or may themselves maintain or be sued in separate suits.
Requisites of Permissive Joinder of Parties:
1. Right to relief arises out of the SAME TRANSACTION or SERIES OF
TRANSACTIONS;
 If the consent of any party who should be joined as plaintiff cannot be obtained, he may be
made a defendant and the reason therefore shall be stated in the complaint.
 “Defendant as an unwilling co-plaintiff”; no damages against him can be had; included only
for purposes to have a complete relief for the case (Atty. Tranquil)

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Section 11. Misjoinder and non-joinder of parties
 A party is MISJOINED when he is made a party to the action although he should not be
impleaded.
 A party is NOT JOINED when he is supposed to be joined but is not impleaded in the
action.
 Neither misjoinder nor non-joinder of parties is a ground for dismissal of the action.
(Exception: Section 7, Rule 3)
Note: Objections to defects in parties should be made at the earliest opportunity (e.g., the
moment such defect becomes apparent) by a motion to strike the names of the parties
impleaded. Objections to misjoinder cannot be raised for the first time on appeal.
 The non-joinder of an indispensable or a necessary party is not by itself ipso facto a ground
for the dismissal of the action. The court should order the joinder of such party and non-
compliance with the said order would be a ground to the dismissal of the action.
 It is the non-compliance (of court order) which is the ground for dismissal; this does not
involve question of jurisdiction, thus not a ground for dismissal. (Atty. Tranquil)
 Any claim against a misjoined party may be severed and proceeded with separately.
Section 12. Class suit
Class suit – An action where one or more may sue for the benefit of all implying that if the
parties are numerous and it is impracticable to bring them to court one or more may sue for their
benefit.
Note: An action does NOT become a class suit merely because it is designated as such in the
pleadings. Whether the suit is or is not a class suit depends upon the attending facts.
Requisites of a class suit:
1. SUBJECT MATTER of the controversy is one of common or GENERAL INTEREST to
many persons;
*A class suit does NOT require a “COMMONALITY” of interest in the questions
involved in the suit. What is required is a common or GENERAL interest in the subject
matter of the litigation. The “subject matter” of the action is meant the physical, the
things real or personal, the money, lands, chattels, and the like, in relation to the suit
which is prosecuted and not the delict or wrong committed by the defendant. (Riano
pp. 237)
2. The parties affected are so NUMEROUS that it is impracticable to join them all as
parties;
3. Parties bringing the class suit are SUFFICIENTLY NUMEROUS AND
REPRESENTATIVE of the class and can fully protect the interests of all concerned;
and
4. The complaint must specifically state that the same is being brought IN BEHALF of
others with whom the parties share a common interest or for the benefit of all.
Note: A taxpayer’s suit or a stockholder’s derivative suit is in the nature of a class suit, although
subject to the other requisites of the corresponding governing law especially on the issue of
locus standi.
 Any party in interest shall have the right to intervene to protect his individual interest. (This
is an instance when a person may intervene as a matter of right.)
Class suit Permissive Joinder of parties
There is one single action There are multiple causes of
pertaining to numerous action separately belonging to
persons (There is a community several persons
of interests)
 There is no class suit in an action filed by 400 residents initiated through a former mayor, to
recover damages sustained due to their exposure to toxic wastes and fumes emitted by the
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cooking gas plant of a corporation located in the town. Each of the plaintiffs has a separate
and distinct injury not shared by other members of the class. Each supposed plaintiff has to
prove his own injury. There is no common or general interest in the injuries allegedly
suffered by the members of the class (Bar 1994).
 There is no class suit in an action for damages filed by the relatives of the fatalities in a
plane crash. There is NO common or general interest in the injuries or death of all
passengers in the plane. Each has a distinct and separate interest which must be proven
individually (Bar 1991).
 Distinguish a derivative suit from a class suit. – Answer: A derivative suit is a corporate law
concept which is filed by a stockholder in behalf of the corporation to protect the interests of
the latter and is asserted because of the failure of the board of directors to act in protection
of the corporation. While a class suit is a procedural device availed of by persons having a
common or general interest in a subject matter and is so numerous that it would be
impracticable to join all of them. (Bar 2005)
 It is the court which determines who shall represent even though they can be named. (Atty.
Tranquil)
 Is class suit applicable to defendants? – Answer: Yes. There can be class suit of
defendants (Atty. Tranquil)
 If interest is to protect the ‘community’ of Bancal – there is class suit; while if interest is
different such as one family is having interest against defendant for asthma, etc – there is
NO common or general interest, thus no class suit. Another example is when employees is
claiming for allowance – there is no class suit because of existence of diversified interest
such as some of employees are rank and file, some are contractual, etc. (Atty. Tranquil)
Section 13. Alternative Defendants
 Where the plaintiff is uncertain against who of several persons he is entitled to relief, he
may join any or all of them in the alternative, although a right to relief against one may be
inconsistent with a right to relief against the other.
 To illustrate: (1) Assume that Mr. X, a pedestrian was injured in the collision of two
vehicles. He suffered injuries but does not know with certainty which vehicle caused the
mishap. What should Mr. X do if he wants to sue? He should sue the vehicle
drivers/owners in the alternative.
 (2) P sent some goods to D pursuant to a contract. The goods were delivered to E, the
known agent of D. D did not pay P. D contends that he has not received the goods. P
claims otherwise and insists that D had received the goods. Should P sue D or should he
sue E? P should sue both but in the alternative. (Riano pp. 228)
Section 14. Unknown identity or name of defendant
Requisites:
1. There is a DEFENDANT;
2. His identity or name is UNKNOWN;
3. FICTITIOUS NAME may be used because of ignorance of defendant’s true name and
said ignorance is alleged in the complaint;
4. Identifying DESCRIPTION may be used; sued as unknown owner, heir, devisee, or
other designation;
5. AMENDMENT to the pleading when identity of true name is discovered; and
6. Defendant is the DEFENDANT BEING SUED not a mere additional defendant.
Note: Service of summons upon defendants whose identity is unknown may be made by
publication in a newspaper of general circulation (sec14, Rule14). The action must however be
converted into an action in rem or quasi in rem by attaching the defendant’s property in the
Philippines.
Section 15. Entity without juridical personality as defendant
Requisites:
1. There are two or more persons NOT ORGANIZED AS A JURIDICAL ENTITY;
2. They enter into a TRANSACTION; and
 3. A wrong or DELICT is committed against a third person in the course of such 1. Public officer is a PARTY TO AN ACTION in his official capacity;
transaction. 2. During the pendency of the action, he either DIES, RESIGNS, or OTHERWISE
CEASES to hold office;
Note: Persons associated in an entity without juridical personality may be sued under the name 3. It is satisfactorily shown to the court by any party, within 30 days after the successor
by which they are generally or commonly known, but they cannot sue under such name. takes office, that there is a SUBSTANTIAL NEED for continuing or maintaining the
 The service of summons may be effected upon all the defendants by serving upon any of action;
them, OR upon the person in charge of the office or place of business maintained under 4. That the successor ADOPTS OR CONTINUES or THREATENS TO ADOPT OR
such name (Sec8, Rule14). CONTINUE the action of his predecessor; and
 In the answer of such defendant, the names and addresses of the persons composing said 5. The party or officer affected has been given REASONABLE NOTICE of the application
entity must all be revealed. therefore and accorded an opportunity to be heard.

General Rule: All members of an association of natural persons not organized as a juridical Section 18. Incompetency or Incapacity
entity are to be made parties to a suit. In case a party becomes incompetent or incapacitated, the action survives and may be
Exceptions: continued by or against the incompetent or incapacitated person ASSISTED by his legal
1. When the parties are so numerous that it is impracticable to bring them all before the guardian or guardian ad litem, who is his legal representative.
court;
2. When two or more persons associated in any business, transact such business under Section 19. Transfer of Interest
a common name, or Note: The transfer of interest refers to a transfer that occurs during the pendency of the action.
3. Co-ownership. The transferor would no longer be the real party in interest if the transfer is made before the
commencement of the suit.
INSTANCES WHERE SUBSTITUTION OF PARTIES IS PROPER General rule: The rule does not consider the transferee an indispensable party. Hence, the
1. Death of a party; (Section 16) action may proceed without the need to implead him.
2. Incompetency or incapacity of a party; (Section 18)
3. Transfer of interest; (Section 19) or Exception: When the substitution by or joinder of the transferee is ordered by the court.
4. Action on contractual money claims. (Section 20) A transferee pendente lite:
1. Stands in exactly the same position as its predecessor-in-interest, the original
Section 16. Death of party; duty of counsel defendant; and
This provision applies where the claim is NOT thereby extinguished as in cases involving 2. Bound by the proceedings had in the case before the property was transferred to it,
property and property rights such as: even if not formally included as a defendant.
1. Recovery of real and personal property against the estate;
The case will be dismissed if the interest of plaintiff is transferred to defendant UNLESS there
2. Enforcement of liens on such properties; and
are several plaintiffs, in which case, the remaining plaintiffs can processed with their own cause
3. Recover for an injury to person or property by reason of tort or delict committed by the
of action.
deceased.
Duty of the counsel upon the death of client: Section 20. Action on contractual money claims
1. To inform the court of his client’s death within 30 days after such death; and Requisites:
 30 days counted from the FACT (actually died) of death of the client NOT on the 1. The action must primarily be for the RECOVERY OF MONEY, DEBT, or INTEREST
knowledge of the counsel (Atty. Tranquil) thereon;
2. To take steps necessary to safeguard the decedent’s interest. 2. The claim subject of the action arose from a CONTRACT, express or implied, entered
into by the decedent in his lifetime or the liability for which had been assumed by or is
 In this case, the heirs will be substituted for the deceased OR if no legal representative is imputable to him; and
named then the court will order the opposing party to procure the appointment of an 3. Defendant dies BEFORE THE ENTRY OF FINAL JUDGMENT in the court in which
executor or administrator for the estate of the deceased. In case of minor heirs, the court the action was pending.
may appoint a guardian ad litem for them.
 The substitute defendant need not be summoned. The ORDER OF SUBSTITUTION shall Note: The death of the defendant will not result in the dismissal of the action. The deceased
be served upon the parties substituted for the court to acquire jurisdiction over the shall be substituted by his legal representatives in the manner provided for in Section 16 of Rule
substitute party. (Bar 1999) 3 and the action continues until the entry of final judgment.
 If there is notice of death, the court should await appointment of legal representative;  However, execution shall not issue in favor of the winning party. It should be filed as a
otherwise, subsequent proceedings are void. claim against the ESTATE of the decedent without need of proving the claim.
Note: If the action does not survive (like purely personal actions of support, annulment of  The claim here would be against the ‘estate’ of the defendant
marriage and legal separation), the court shall simply dismiss the case. Substitution will not be  Damages is different from sum of money (Atty. Tranquil)
required.
Section 21. Indigent party
 The person who dies here is ANY PARTY, whether the plaintiff or the defendant (Atty. Indigent – one who has no money or property sufficient and available for food, shelter, and
Tranquil) basic necessities. He need not be a pauper to entitle him to litigate in forma pauperis.

Section 17. Death or separation of a party who is a public officer

Requisites:

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 While the authority to litigate as an indigent party may be granted upon an ex parte Requisites for venue to be exclusive:
application and hearing, it may be contested by the adverse party at any time before 1. A valid WRITTEN agreement;
judgment is rendered. 2. Executed by the parties BEFORE the filing of the action; and
 If one is authorized to litigate as an indigent, such authority shall include: 3. EXCLUSIVE nature of the venue.
1. An exemption from the payment of docket fees; and
 The venue stipulation must clearly indicate, through qualifying and restrictive words, that
2. An exemption from the payment of transcript of stenographic notes.
the parties deliberately intended to exclude causes or actions from the operation of the
 Indigent will only pay when there is a favorable judgment in his favor (Atty. Tranquil)
ordinary permissive rules on venue, and that they intended contractually to designate a
specific venue to the exclusion of any other court also competent and accessible to the
Section 22. Notice to the Solicitor General
parties under the ordinary rules on the venue of actions. (Philippine Banking Corporation
In any action involving the validity of any treaty, law, ordinance, executive order, presidential
vs. Tensuan (1993))
decree, rules or regulation
 In the absence of qualifying or restrictive words, venue stipulation is merely PERMISSIVE
and NOT exclusive, meaning that the stipulated venue is IN ADDITION to the venue
provided for in the rules (Polytrade Corp vs. Blanco, GR No. L-27033 (1969)).
RULE 4: VENUE OF ACTIONS  When the stipulation as to venue in a passenger ticket of a vessel would be contrary to
public policy of making courts accessible to all who may have need of their service, the
Venue – the place of trial or geographical location in which an action or proceeding should be stipulation is void and unenforceable (Sweer Lines vs. Teves, GR No. 28324, May 19,
brought. In civil cases, it relates only to the place of the suit and NOT to the jurisdiction of the 1972)
court (Manila Railroad Co. vs. Atty. General, 20 Phil 523; Riano pp. 201) Examples of qualifying or restrictive words:
Venue Jurisdiction  “only”
Place where the action is Power of the court to hear and decide a  “solely”
instituted case  “exclusively in this court”
May be waived Jurisdiction over the subject matter over  “in no other court save – “
the nature of the action is conferred by  “particularly”
law and cannot be waived  “nowhere else but/except” (Riano pp. 207)
Procedural Substantive Note: When the action is NO longer based on the agreement but on the TORTIOUS ACT of
May be changed by the written Cannot be the subject of the agreement sending collection telegrams despite the fact that the obligation had already been paid, venue is
agreement of the parties of the parties no longer based on the written stipulation but at the ELECTION OF THE PLAINTIFF as fixed by
Not a ground for a motu proprio Ground for a motu proprio dismissal law.
dismissal (EXCEPT in summary
procedure) Section 1. Venue of Real Actions
The rule on VENUE IS NOT APPLICABLE in cases:  The venue is the place where the real property or any portion thereof is located.
1. Where a specific rule or law provides otherwise (e.g. an action for damages arising  If property is located at the boundaries of two places: File case in either place at the option
from libel); or of the plaintiff.
2. The parties have validly agreed in writing before the filing of the action in the exclusive If case involves two properties located in two different places:
venue thereof (Section 4). 1. If the properties are the object of the SAME transaction, file it in ANY of the two
How venue is determined: (Riano pp. 203) places; or
1. Determine the NATURE of the action – whether PERSONAL or REAL; 2. If they are the subjects of two DISTINCT transactions, SEPARATE actions should be
2. Actions for damages and actions to collect a sum of money must be filed in either the filed in each place UNLESS property joined.
residence of the plaintiff or the residence of the defendant at the election of the
plaintiff. Such are personal actions. (Bar 1998) Section 2. Venue of Personal Actions
3. Actions to recover ownership of real property are real actions and must be filed in the  RESIDENCE should be viewed or understood in its popular sense, meaning the personal,
place where the real property is located. Actions for unlawful detainer, forcible entry actual, or physical habitation of a person, actual residence or place of abode (Raymond vs.
and accion publiciana are real actions and must be likewise filed in the place where CA, 166 SCRA 50 (1988)).
the subject property is situated. (Bar 1991; Bar 1987)
Venue of Personal actions:
 Illustration: (1) A, a resident of Quezon City, sued B, resident of Makati City before RTC of 1. Where the plaintiff or any of the PRINCIPAL plaintiffs resides;
Quezon City for the reconveyance of two parcels of land situated in Tarlac and Nueva 2. Where the defendant or any of the PRINCIPAL defendants resides; or
Ecija, respectively. May A action prosper? (2) Assuming that the action was for foreclosure 3. In the case of a non-resident defendant, the action may be brought in the place where
of mortgage of the same parcels of land, what is the proper venue for the action? – HE MAY BE FOUND.
Answers: (1) The action will NOT prosper because the venue was improperly laid. An Note: ALL AT THE ELECTION OF THE PLAINTIFF.
action for reconveyance is a real action, the subject matter thereof being interest in real
action. The venue of a real action is the place where the real property is located, i.e., Tarlac Means of waiving venue:
and Nueva Ecija. (2) The venue is also the place where the property mortgaged is situated. 1. Failure to object via motion to dismiss;
An action for foreclosure is a real action. (Riano pp. 204; Bar 2008) 2. Affirmative relied sought in the court where the case is filed;
3. Affirmative defense in an answer;

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 4. Voluntary submission to the court where the case is filed; or
5. Laches

Section 3. Venue of actions against non-residents

1. NON-RESIDENT FOUND IN THE PHILIPPINES
a. Personal actions – where the plaintiff resides;
b. Real actions – where the property is located.
2. NON-RESIDENT NOT FOUND IN THE PHILIPPINES – an action may be filed only
when the case involves:
a. Personal status of plaintiff – where plaintiff resides;
b. Any property of said defendant located in the Philippines – where the
property or any portion thereof is situated or found.
The Supreme Court has the power to order a change of venue to prevent miscarriage of justice.
 The court may NOT motu proprio dismiss a complaint on the ground of improper venue. SUMMARY PROCEDURE IN CIVIL CASES
An EXCEPTION is provided in Section 4 of the Rule on Summary Procedure. (Dacuycoy
vs. IAC, 195 SCRA 641 (1991))
Filing of verified complaint with the MTC
Section 4. When rule NOT applicable
The rule on venue is inapplicable in cases:
1. Where a specific rule or law provides otherwise (i.e. an action for damages arising
from libel); or Court may summon the defendant Court may dismiss the case outright
2. The parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof (Sec4)

RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS

W/in 10 days from receipt of summons, defendant
If defendant fails toanswers
answer incorporating compulsory
in 10 days – the counterclaims
court motu proprio or onorplaintiffs
cross-claims & serves
own motion, a copy
may onjudgment
render plaintiff based on facts alle

Section 1. Uniform Procedure

The procedure in the MTC shall be the same as in the RTC, EXCEPT:
1. Where a particular provision expressly or impliedly applies only to either of said courts;
or
2. In civil cases governed by the rule on Summary Procedure
Answer to counterclaim and cross-claim w/in 10 days
Section 2. Meaning of Terms

If plaintiff fails to appear in preliminary conference, complaint may be dismissed. Defendant entitle to decision based on h

UNIFORM PROCEDURE IN TRIAL COURTS (Atty. Tranquil) Preliminary conference w/in 30 days after last answer is filed

COMPLAINT ---------------- Pre Trial W/in 5 days after conference, court issues record of preliminary conference
15 days
Metro Manila: Exceeding 100k
RTC - ORDINARY
ANSWER MTD – can file extension
*Fail to file an answer: can ask motion to declare in default

If sole defendant fails to appear, plaintiff entitled to judgment based on complaint and what is
Metro Manila: Not exceeding 100k
MTC - ORDINARY
- SAME -
W/in 10 days from receipt of order submission by the parties of affidavits and position papers

COMPLAINT ----------- Preliminary Conference

Summary: Not exceeding 200k 10 days
- SUMMARY ANSWER MTD – cannot file extension
*Fail to file an answer: cannot ask motion for default
Rendition of judgment w/in 30 days from receipt of last affidavit or w/in 15 days after last clarificatory paper

Not exceeding 100k - Can file a complaint; but there is a prescribed form
- SMALL CLAIMS
- Is there an answer? YES. Given to the defendant & there is still a form

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Prohibited Pleadings / Motions under the Rule on Summary Procedure
1. Motion to dismiss the complaint or to quash the complaint or information EXCEPT on the
ground of lack of jurisdiction over the subject matter or failure to comply with prior barangay
conciliation (referral to the Lupon);
2. Motion for bill of particulars;
3. Motion for a new trial or for reconsideration of a judgment or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits, or any other paper;
6. Memorandum;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the
court;
8. Motion to declare defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third party complaints; or
12. Interventions.
 The filing of a prohibited pleading will not suspend the period to file an answer or to appeal.
 Although a motion to dismiss is a prohibited pleading, its filing after the answer had already
been submitted does not constitute a pleading prohibited by the summary rules. What the
rules proscribe is a motion to dismiss that would stop the running of the period to file an
answer and cause undue delay. (Heirs of Olivas vs. Flor, 161 SCRA 393 (1988))
 A motion to dismiss may be treated as an answer (Rosales vs. CA, GR No. 137566, Feb.
28, 2001)
Note: While a motion to declare the defendant in default is prohibited by the rules on summary
procedure, the plaintiff may nevertheless file a MOTION TO RENDER JUDGMENT as may be
warranted when the defendant fails to file an answer.
 The issuance of the pre-trial order is an important part of the summary procedure because
it is its receipt by the parties that begins the ten-day period to submit the affidavits and
other evidence.
TRIAL PROCEDURE IN CIVIL CASES
No testimonial evidence is required nor cross-examination of witnesses allowed. All that is
required is that within 10 days from receipt by the parties of the court’s pre-trial order, they shall
submit:
1. The affidavits of their witnesses; and
2. Other evidence on the factual issues set forth in the pre-trial order, together with their
position papers setting forth the law and the facts relied upon by them.
 Judgments of inferior courts in cases governed by summary procedure are appealable to
the RTC
 The decision of the RTC (on appeal) in civil cases under this rule, including ejectment
cases is IMMEDIATELY EXECUTORY without prejudice to a further appeal that may be
taken
Note: Please refer to the special laws on the salient features of the Rules on Summary
Procedure
Katarungang Pambarangay Law
(Title One, Book III, RA 7160)
No complaint petition, action, or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office for adjudication,
UNLESS:
1. There has been CONFRONTATION BETWEEN THE PARTIES before the lupon
chairman or pangkat; and
2. That no conciliation or settlement has been reached OR unless the settlement has
been repudiated by the parties thereto.
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General Rule: If there is no referral to the lupon prior to the filing of the case in court, the court
should dismiss the case without prejudice
Exception: Accused has been arrested
Cases NOT covered by the Katarungang Pambarangay Law (SUBSTANTIVE Exceptions):
1. Where one party is the government or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding
P5,000.00;
4. Offenses where there is no private offended party (e.g. genocide);
5. Where the dispute involves real properties located in different cities or municipalities
UNLESS the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, EXCEPT:
a. Where such barangay units adjoin each other; and
b. The parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon;
7. Such other classes of disputes which the President may determine in the interest of
justice;
8. Where one of the parties is a juridical entity.
The court may, at any time before trial, motu proprio refer the case concerned to the lupon for
amicable settlement, non criminal cases not falling within the authority of the latter; or
While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under the existing laws shall be interrupted upon filing or the
complaint with the punong barangay. Such interruption shall not exceed 60 days from the time of
the filing of the complaint with the punong barangay.
The parties may go directly to the court in the ff instances (PROCEDURAL Exceptions):
1. Where the accused is under police custody or detention;
2. Where the person has otherwise been deprived of personal liberty calling for habeas
corpus proceeding;
3. Where the actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente lite;
4. Where the action may otherwise be barred by the statute of limitations;
5. Labor disputes (Montoya vs. Escayo, GR No. 82211-12, March 21, 1989)
6. Any class of dispute which the President may determine in the interest of justice or
upon recommendation of the secretary of Justice;
7. CARL disputes;
8. Disputes involving the traditions of indigenous cultural community;
9. Actions to annul judgment upon compromise (Sanchez vs. Tupaz, GR No. 76690,
February 21, 1988)
The parties may at any stage of the proceeding AGREE IN WRITING to have the matter in
dispute DECIDED by the ARBITRATION by either the LUPONG BARANGAY or PANGKAT. In
such case arbitrational hearings shall follow the order of adjudicative trials.
The settlement and arbitration agreement may be repudiated on the ground that consent is
vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint in court or any government office for
adjudication. (10 days to repudiate)
Rules on Venue under the Katarungang Pambarangay Law
1. Disputes between residents of the same barangay shall be brought for settlement
before lupon of said barangay.
 2. Residents of different barangayss within the same city or municipality – in the Determine whether upon the averment of facts, a valid judgment may be properly rendered.
barangay where the respondent or any of the respondents reside at the election of the
complainant What are NOT ultimate facts:
3. Disputes involving real property or any interest therein – where real property or larger 1. Evidentiary or immaterial facts;
portion thereof is situated 2. Legal conclusions, conclusions or inferences of facts not stated, or incorrect
4. Disputes arising at the WORKPLACE where the contending parties are employed or inferences or conclusions from facts stated;
at the INSTITUTION where such parties are enrolled for study – in the barangay 3. The details of probative matter or particulars of evidence, statements of law,
where such workplace or institution located inferences and arguments; or
4. An allegation that a contract is valid or void is a mere conclusion of law.

Section 4. Answer
Answer – The pleading where the defendant sets forth his affirmative or negative defense. It
may likewise be the response to a counterclaim on a cross claim.

PROCEDURE IN REGIONAL TRIAL COURTS Section 5. Defenses

Kinds of Defenses that may be set forth in the answer:
RULE 6: KINDS OF PLEADINGS 1. Affirmative defenses – Allegation of a new matter which, while hypothetically
admitting the material allegations in the pleading of the claimant, would nevertheless
Section 1. Pleadings defined prevent or bar recovery by him. Affirmative defenses include fraud, prescription,
Pleadings – the written statement of the respective claims and defenses of the parties release payment, and any other matter by way of confession and avoidance.
submitted to the court for appropriated judgment 2. Negative defenses – Specific denial of the material facts or facts alleged in the
Note: A motion to dismiss is not a pleading pleading of the claimant essential to his cause of action.
Pleading Motion
The purpose is to submit a claim The purpose is to apply for an order Insufficient Denial or Denial Amounting to Admissions:
or defense for appropriate NOT included in the judgment 1. General denial; and
judgment 2. Denial in the form of a negative pregnant.
May be initiatory CANNOT be initiatory as they are
always made in a case already filed in  A NEGATIVE PREGNANT, that is, a denial pregnant with the admission of the substantial
court facts in the pleading responded to which are not squarely denied. It is, in effect, an
Always filed before judgment May be filed even after judgment admission of the averment it is directed to. (Philamgen vs. Sweet Lines, Inc. (1992))
Only 9 kinds of pleading are Many kinds of motion are allowed
allowed by the rules Section 6. Counterclaim
Must be written May be oral when made in open court Counterclaim – Any claim which a defending party may have against an opposing party.
or in the course of a hearing or trial
Note: However, there are motions that actually seek judgment like a motion for judgment on Nature of Counterclaim:
pleadings (Rule 34) and motion for summary judgment (Rule 35). A counterclaim is in the nature of a cross complaint. Although it may be alleged in the answer, it
is not part of the answer. Upon its filing, the same proceedings are had as in the original
Section 2. Pleadings allowed complaint. For this reason, it must be answered within ten (10) days from service.
1. Complaint;
2. Counterclaim; Section 7. Compulsory Counterclaim
3. Cross-claim; A counterclaim before the MTC must be within the jurisdiction of said court, both as to the
4. Third-party complaint; amount and nature thereof.
5. Complaint-in-intervention;
6. Answer; Counterclaims may either be:
7. Reply; 1. Compulsory; or
8. Counter-counterclaim; and 2. Permissive
9. Counter-cross-claim.
The enumeration is NOT exclusive. Note: In an original action before the RTC, the counterclaim may be considered compulsory
regardless of the amount (Section 7, Rule 6).
Section 3. Complaint  If a counterclaim is filed in the MTC in excess of its jurisdictional amount, the excess is
Complaint – The pleading alleging the plaintiff’s cause or causes of action. It should contain a considered waived. (Agustin vs. Bacalan, 135 SCRA 340 (1985))
concise statement of the ultimate facts constituting the plaintiff’s cause of action, NOT  The remedy where a counterclaim is beyond the jurisdiction of the MTC is to set off the
evidentiary facts or legal conclusions. claims and file a separate action to collect the balance. (Calo vs. Ajax International 22
SCRA 996 (1968))
Ultimate Facts – Essential facts constituting the plaintiff’s cause of action. A fact is essential if it
cannot be stricken out without leaving the statement of the cause of action insufficient. Compulsory Counterclaim Permissive Counterclaim
One which arises out of or is It does not arise out of nor is it
Test of Sufficiency of the Facts alleged in the Complaint: NECESSARILY CONNECTED with necessarily connected with the

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 the transaction or occurrence that is subject matter of the opposing party’s
the subject matter of the opposing claim
party’s claim
It does NOT require for its It may require for its adjudication the
adjudication the presence of third presence of third parties over whom
parties of whom the court cannot the court cannot acquire jurisdiction
acquire jurisdiction
It is barred if not set up in the action It is NOT barred even if not set up in
the action
Need not be answered; NO default Must be answered. Otherwise, the
defendant can be declared in default
 A plaintiff who fails or chooses not to answer a compulsory counterclaim may not be
declared in default because the issues raised in the counterclaim are deemed automatically
joined by the allegations of the complaint. (Gojo vs Goyola, 35 SCRA 557 (1970))
Requisites of a compulsory counterclaim:
1. It must arise out of, or be necessarily connected with, the transaction or occurrence
that is the SUBJECT MATTER of the opposing party’s claim;
2. It does NOT REQUIRE for its adjudication the presence of THIRD PARTIES of whom
the court cannot acquire jurisdiction; and
3. It must be WITHIN THE JURISDICTION of the court.

General Rule: A compulsory counterclaim not set up in the answer is deemed barred.
Exception: If it is a counterclaim which either matured or was acquired by party after serving his
answer. In this case, it may be pleaded by filing a supplemental answer or pleading before
judgment (Section 9, Rule 11).

Note: The filing of a motion to dismiss and the setting up of a compulsory counterclaim are
incompatible remedies. In the event that a defending party has around for dismissal and a
compulsory counterclaim

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