Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Par t i e s t o a Ci v i l Ac t i o n

Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Cau s e o f Ac t i o n Take note of the kinds of Parties and the consequences of their non-joinder in the action:

Elements of a Cause of Action: take note that the following are the elements of Cause of Action.
C v P o c e du e as ame nde d by a m no 19 10 20 SC 1. Real Party in Interest ? is one who stands to be benefited or injured by the judgment in the suit or the party entitled to avails
of the suit. Take note that, as a rule, every action must be prosecuted or defended in the name of the real parties in interest.
(1) Right in favor of the plaintiff,
(2) Correlate duty on the part of the defendant to respect that right; and
S mp ed n a F owcha Exception is, when authorized by law or the Rules of Court, such as when the action is allowed to be prosecuted or
defended by a representative or someone acting in a fiduciary capacity. Take note however that, when the action is allowed
(3) Acts or omission by the defendant in violation of such right. to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary must be included
in the title of the case and shall be deemed to be the real party in interest. (See Section 3, Rule 3). Note furthermore that,
Splitting a single cause of action when a real party in interest is not impleaded in the action, or when the party filing the action is not the real party in interest,
Take note that, splitting a single cause of action exists when the plaintiff institutes two or more suits on the basis of a single cause of action. Section 4 of Rule 2 states the the complaint may be dismissed on the ground of failure to state a cause of action. Take note however that, failure to state a
consequences when there is splitting of a single cause of action, it provides that, when there is splitting of a single cause of action, the filing of one or the judgment upon the cause of action is no longer a ground for a motion to dismiss but may now be raised as an affirmative defense under Section
merits in any one is available as a ground for the dismissal of the other. The ground of dismissal here is either Litis Pendentia or Res Judicata. 12 of Rule 8, nonetheless, the complaint may still be dismissed on the basis of such affirmative defense.
2. Indispensable party ? is one without whom no final determination can be had on an action. As a rule, indispensable parties
Joinder of Causes of Action Cau s e o f Ac t i o n (Ru l e 2) must be joined either as plaintiff or defendant; otherwise, the complaint may be dismissed or in case the court proceed to try
Take note that under Section 5 of Rule 3, joinder of causes of Action means that a party may, in one pleading, assert in the alternative or otherwise, as many causes of the case, the subsequent proceedings will be considered null and void not only as to the absent parties but also to the
action as he may have against an opposing party subject to the following conditions: The process of Civil Procedure specifically with respect to ordinary civil action is triggered by the presence of a present parties.
1. Compliance with the rules on joinder of parties; cause of action. A Cause of Action is defined under Section 1 of Rule 2 as the acts or omission by which a 3. Necessary Party ? is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded
2. The Joinder shall not include special civil action or actions governed by special rules; party violates the right of another. Section 1 Rule 3 provides that, every ordinary civil action must be based on a as to those already parties, or for a complete determination or settlement of the claim subject of the action. Section 9 of Rule
3. Where causes of action are between the same parties but pertains to different venue and jurisdiction, the joinder may be allowed in the RTC provided one of the causes of cause of action. Hence, without a cause of action, there can be no ordinary civil action to speak of. For this 3 provides that, whenever in any pleading in which a claim is asserted, a necessary party is not joined, the pleader shall set
action falls within its jurisdiction and venue lies therein. purpose, remember the difference between ordinary civil action and special civil action, as well as criminal forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it
4. Where the claims in all causes of action are principally for collection of some of money, the aggregate amount of the claim shall be the test of jurisdiction. This is also known action and special proceedings under Section 3 of Rule 1. may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. The failure to comply
as the Totality Rule. with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such necessary party.
However, the non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment
Take note however that, the rule on joinder of causes of action is merely permissive and is not mandatory. The choice whether to join or not to join causes of action belongs to rendered therein shall be without prejudice to the rights of such necessary party.
the plaintiff.
Take note of the difference between indispensable party and necessary party with respect to consequences of their
Misjoinder of causes of action non-inclusion in the action. When what is not impleaded is the indispensable party, the court cannot proceed with the action
Take note that, misjoinder of causes of action exists when a party, the plaintiff for instance, joined two or more causes of action in one suit which, under the Rules, cannot be Par t i e s t o a Ci v i l Ac t i o n (Ru l e 3 ) and in case it proceeds with the case despite the non-joinder of indispensable party, such proceeding will be considered null
joined, such as joinder of ordinary civil action and a special civil action in one single suit. and void. This is not true with respect to necessary party because the non-inclusion of a necessary party does not prevent the
After determining that there exists a cause of action, the next step is to determine who are the parties to be court from proceeding in the action.
Please note however that under Section 6 of Rule 2, misjoinder of causes of action is not a ground for the dismissal of an action. This is because a misjoined causes of action joined in the action and the consequences of their non-joinder in the same action. This time, the Rule on
may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (See Section 6, Rule 2). Parties to a Civil Action will come in. Take note that under section 1 of Rule 3, only natural or judicial person or Joinder of Parties: Take note that, joinder of parties may be classified into Compulsory and permissive.
entities authorized by law may be parties in a civil action. 1. Compulsory: Compulsory joinder of parties means that a party is without choice but to join a particular person in the action,
either as a plaintiff or as a defendant. Take note that, Under Section 7 of Rule 3, indispensable party must be joined either as
plaintiff or defendant. Thus, the joinder of indispensable party is compulsory in nature. Failure to join an indispensable party
may result in the dismissal of the action or render the proceeding null and void and as such, the judgment of the court, if one
Co nc e pt s t o r e me mbe r w i t h r e s pe c t t o t he Ru l e s o n Ve nu e and J u r i s di c t i o n
is rendered, cannot attain real finality (251 SCRA 70). Take note however that Section 11 of Rule 3 states that, neither
Take note of the difference between Venue and Jurisdiction misjoinder nor non-joinder of parties is a ground for the dismissal of an action. This is because under the rules, parties may
Venue refers to the locality to which the civil action must be instituted. While Jurisdiction refers to the power of the court to hear, try, and decide the case including the power to be dropped or added by order of the court, on motion of any party or on its own initiative at any stage of the action and on
enforce its judgment. such terms are as just. But take note furthermore that, while misjoinder or non-joinder of parties is not a ground for the
Ve nu e and J u r i s di c t i o n (Ru l e 4 and R.A 115 7 6 ) dismissal of the action, the action may nonetheless be dismissed, if the court ordered that a party be joined in the action and
Venue may be waived, whereas jurisdiction cannot be waived; Venue may be the subject of stipulation, whereas jurisdiction may not since it is conferred by law and is the plaintiff failed to joined such party as ordered, in this case, the dismissal is not on the ground of failure to join a particular
determined in the allegation in the complaint. After determining that one has a cause of action and the parties to such cause of action are properly identified, party but on the ground of failure to comply with the order of the court under Section 3 of Rule 17. (See Section 3, Rule 17)
the next step would be to determine which court and to which venue should the complaint must be filed, this 2. Permissive: Permissive joinder of parties means that the plaintiff may or may not join a particular person in the action.
Take note also of the difference between Real Action and Personal Action, specifically with respect to the rules on venue and jurisdiction. time the Rules on Venue and Jurisdiction will come in. Example is the joinder of parties contemplated in Section 6, Rule 3 which provides that all persons in whom or against whom
any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether
Take note that a Real Action is one which affects title to or possession of real properties or any interest therein. With respect to Venue of real actions, the general Rule is jointly, severally, or in the alternative, may, except as otherwise provided in the Rules, join as plaintiffs or be joined as
that, the venue should be the place where the real property is situated. Exception is when there is a valid stipulation of venue. But, take note however that, for venue to be defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may
exclusive, the stipulation of venue must contain a word of exclusivity. As to Jurisdiction, the determining factor is the assessed value of the real property involved. If the arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being
assessed value of the real property does not exceed 400,000 pesos, then, jurisdiction belongs to the MTC; but if it exceeds said amount, the jurisdiction belongs to the RTC, embarrassed or put to expense in connection with any proceedings in which he may have no interest. (See Section 6, Rule
this is in accordance with Sections 1 and 2 of R.A 11576. Take note that, what is being taken into consideration in as far as jurisdiction of real action is concerned, is the 3).
Fi l i ng o f Co mpl ai nt
assessed value of the real property involved and not the market value. Hence, when the complaint alleged market value instead of the assessed value, the complaint is
dismissible on the ground of lack of jurisdiction, since jurisdiction cannot be assumed. Once determined that there exists a cause of action, and the parties to such cause of action were identified, as
well as the venue of the said action, an ordinary civil action may now be commenced by filing an original
With respect to Personal Action , remember that a personal action is one which does not affect title to or possession of real property or any interest therein. As to Venue, it Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o t he Fi l i ng o f Co mpl ai nt
complaint in court. Note that, it is the plaintiff who initiates the proceeding by filing a complaint. In filing his
may be the residence of the plaintiff or the defendant depending on the preference of the plaintiff, this is because under Section 2 of Rule 4, the prerogative to select the venue complaint, the plaintiff must be guided by the ruling of the court in Manchester vs. CA which holds that, all Take note that, the complaint is the pleading alleging the plaintiff?s or claiming party?s cause or causes of action. The rules
belongs to the plaintiff. With respect to Jurisdiction, remember that, the determining factor is the amount or value of the claim. If the amount of claim, exclusive of DALIC pleadings (petitions, complaint, answers) must specify the amount of damages being prayed for not only in the require that the names and residences of the plaintiff and defendant be stated in the complaint.
(Damages of whatever kind, Attorneys fee, Litigation expenses, Interest, and Cost) does not exceed 2 million pesos, then jurisdiction belongs to the MTC, but if it exceeds said body of the pleading but also in the prayer and said damages shall be the considered in the assessment of the
amount, then jurisdiction belongs to the RTC, this is in accordance with Sections 1 and 2 of R.A 11576. filing fees in any case. Failure to do so, the pleading will not be admitted. Kinds of Pleadings: Kinds of pleading can be classified into Initiatory pleadings and Responsive Pleadings. Initiatory
pleadings includes the original complaint, permissive counterclaim, cross-claim, third party complaint, and complaint
Take note however of the rule with respect to cases of Forcible Entry and Unlawful Detainer on one hand, and Actions incapable of pecuniary Estimation on the Upon the filing of the complaint, the Court may either issue summon, or dismiss the case Motu Proprio, if intervention. While responsive pleadings includes, the answer, reply and rejoinder. Please note that a motion to dismiss is not a
other hand. If the action involved is either Forcible Entry or Unlawful Detainer, take note that, jurisdiction belongs to the MTC exclusively regardless of the assessed value of warranted under Section 1 of Rule 9. responsive pleading.
the property involved. And if the action involved is an Action incapable of pecuniary estimation, then, jurisdiction belongs to the RTC exclusively.
Manner of making allegations: Remember that under Section 1 of Rule 8, every pleading, including the complaint, shall
contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts, including the evidence on
which the party pleading relies for his or her claim or defense in case of a defendant.
Thi ng s t o r e me mbe r w i t h r e s pe c t t o t he I s s u anc e and Se r v i c e o f Su mmo n
Rule when the action of the plaintiff is based on an Actionable Document:
1. Nature of summon: Take note that, a summon is a writ by which the defendant is being notified that an action has been brought against him. In addition, service of summon Take note that, when the action of the plaintiff is based on an actionable document, he is required to set forth in his/ her
is a mode by which the court acquires jurisdiction over the person of the defendant. Di s mi s s t he c o mpl ai nt Mo t u complaint the substance of such document and attached the original or copy of said document to his/ her complaint as an
2. Purpose of service of summon: Take note that the purpose of service of summon would depend on whether the action is ?action in personam? or ?action in rem? or ?action Pr o pr i o exhibit and such document shall be deemed to be part of his pleading. (See Section 7 of Rule 8).
quasi in rem?. If the action is Action in Personam, service of summon is jurisdictional since in this kind of action, jurisdiction over the person of the defendant is required. But I s s u anc e and Se r v i c e o f Su mmo n (Ru l e 14) Note that, under Section 1 of Rule 9, the
if the action is either Action In Rem or Action Quasi in Rem, the purpose of service of summon is merely to satisfy the requirement of due process, this is because in this kind If the court opt to issue summon, then within 5 calendar days from receipt of the complaint and proof of payment of the Court may motu proprio dismiss the Section 7 of Rule 8 provides that when the action is based upon a written instrument or document, the substance of such
of action, service of summon is mere procedural considering that jurisdiction over the person of the defendant is not required. complaint when it appears on the pleading instrument or document must be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as
required legal fees, the court will direct the clerk of court to issue the corresponding summons to the defendant/s. Take
3. Who may serve: Take note that under Section 3 of Rule 14, summon may be served by the following: (1) Sheriff, (2) Sheriff?s Deputy, (3) Other Proper Court Officer; and (4) note that the purpose for the service of summons would depend on whether the action is an ?Action in Personam or or evidence on record that the court has an exhibit, which shall be deemed to be part of the pleading.
Plaintiff when authorized by the court. ?Action in Rem? or ?Action Quasi in Rem?. Thus, take note of the differences between these kinds of actions. no jurisdiction over the subject matter, Formal Requirements:
4. Valid Service of Summon; Alias Summons: Take note that under Section 4 of Rule 14, summon is valid until served and in case of loss or destruction, Alias Summon may there exists litis pendentia, res judicata or Rule on Verification of pleadings: Note that under Section 4 of Rule 7, pleadings need not be under oath or verified except
be issued. prescription (LLRP). when otherwise specifically required by law or rule. When verification is required, then a pleading is verified by an affidavit of an
5. Service of Summon: Take note that, in the service of summon, a distinction must be made between defendant who is a natural person and a defendant who is a juridical affiant duly authorized to sign said verification (See Section 4, Rule 7). Furthermore, when the pleading is required to be
person. verified and it lacks proper verification, the pleading shall be treated as unsigned pleading. Note however, that verification is a
mere formal requirement and thus not jurisdictional.
If the defendant is a natural person, then summon may be served in the following manner: Rule on Certification Against Forum Shopping: Take note that, the plaintiff is required to attached Certification Against
a. Personal Service: personal service is done by: (1) By handing a copy of the summon to the defendant in person and informing him/her that he/she is being served, or if Appeal Forum Shopping in his/ her complaint; otherwise, his/ her complaint may be dismissed for failure to comply with the
he/she refused to receive and sign for it, (2) By leaving a copy of the summon within his/her presence and view informing him that he is being served with summon. Upon service of summons, the defendant may either (1) File his answer to the complaint; (2) File a motion to If the court dismissed the complaint requirement of Section 5, Rule 7. Section 5 of Rule 7 provides that, Certification Against Forum Shopping is required in the
b. Substituted Service: service of summon to natural person may also be done through substituted service of summon which is done by: (1) By leaving copies of the dismiss on the ground of LLRP; or (3) Ignore the summon and choose not to file an answer. motu proprio, the remedy of the plaintiff filing of complaint and other initiatory pleadings asserting a claim or relief. Failure to comply with this requirement is a cause for
summons at the defendant?s residence to a person of at least eighteen (18) years of age and of sufficient discretion residing therein; or (2) By leaving copies of the the dismissal of the complaint without prejudice. Note that, when the complaint is dismissed without prejudice, the remedy of
summons at [the] defendant?s office or regular place of business with some competent person in charge thereof ? a competent person includes, but is not limited to, one is to appeal the order of dismissal. the plaintiff is to re-file the complaint and not to appeal because a dismissal without prejudice is not appealable.
who customarily receives correspondences for the defendant; or (3) By leaving copies of the summons, if refused entry upon making his or her authority and purpose Consequences of willful and deliberate forum shopping: Please remember that when the acts of the plaintiff or his counsel
known, with any of the officers of the homeowners?association or condominium corporation, or its chief security officer in charge of the community or the building where clearly constitute a willful and deliberate forum shopping, the same shall be a ground for the summary dismissal with prejudice
the defendant may be found; or (4) By sending an electronic mail to the defendant?s electronic mail address, if allowed by the court. of his/her complaint and shall constitute direct contempt, as well as cause for administrative sanctions.
1. Filing and Service (Rule 13): Filing is the act of submitting the pleading and other paper to the court. Service is the act of
But please remember that, before resorting to substituted service of summon, the ?3 attempts on 2 different dates rule? must be observed, that is, an effort to personally providing a party with the copy of the pleading or other court submission. Filing may be made through (1) Personal
serve the summon to the defendant must be made first, on at least 3 attempts on 2 different dates. submission (2) Registered mail (3) Accredited courier (4) Electronic mail (5) Other electronic means as may be authorized by
law.
If the defendant is a juridical person, then distinguish further whether it is a domestic or foreign juridical entity. If the defendant is a domestic juridical entity, then service of
summon may be served in the following manner: a. Rules on Docket Fees and Effects of Non-Payment: Payment of Docket fees is jurisdictional. Manchester vs. CA: All
1.Personal Service: service of summon may be made personally on the President, Managing Partner, General Manager, Corporate Secretary, Treasurer or in house pleadings must specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer
Counsel (PMG-STC) wherever they may be found or in their absence or unavailability, on their secretaries. De f e ndant Cho o s e no t t o f i l e and said damages shall be considered in the assessment of the filing fees in any case, failure to do so, the pleadings will
2.Substituted Service: Substituted service may be resorted to should there be refusal on the part of PMG-STC including their secretaries to receive the summon despite De f e ndant c ho o s e t o Fi l e o f an ans w e r De f e ndant Fi l e a Mo t i o n an ans w e r not be admitted. The court acquires jurisdiction over the case only upon payment of the prescribed docket fees.
three attempts on two different dates, in which case the service of summon may be made electronically, if allowed by the court, as provided under Section 6 of Rule 14. t o Di s mi s s u nde r Ru l e 9,
If the defendant chooses to file an answer, then within 30 calendar Se c t i o n 1 If the defendant chooses not to file an answer
But if the defendant is a foreign juridical entity, then service of summon may be made in accordance with Section 14 of Rule 14. (See Section 14 of Rule 14). days after service of summons, he must, as a rule, file his/her within the elementary period within which to file
answer to the complaint. However, the 30 calendar days within which Upon service of summons, the defendant an answer which is 30 calendar days from receipt
6. Constructive Service: Constructive service simply refers to service by publication. (See Sections 16 and 17 of Rule 14) to file an answer may be extended for another 30 days or such Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o t he c o ns e q u e nc e s w he n t he
may, instead of filing an answer, file a of the summon, the plaintiff may move that the
period as may be fixed by the court, if the defendant filed a motion motion to dismiss on the ground of LLRP. defendant be declared in default, in which case de f e ndant i s de c l ar e d i n de f au l t
7. Extraterritorial Service: Extraterritorial service contemplates a situation wherein the defendant does not reside and is not found in the Philippines. In this case, service for extension to file answer and the same was granted. This is based Take note that, under Section 1 of Rule 9, two things may happen:
may, with leave of court, be effected out of the Philippines by (1) personal service under Section 6 of Rule 14; or (2) service provided under international convention to which on Section 11 of Rule 11 which provides that, a defendant may, for the defendant may, upon service of 1. The court may render judgment based on the Effects when the defendant is declared in default: Note that when the defendant is declared in default, he shall
the Philippines is a party; or (3) by publication. Take note however that under Section 17 of Rule 14, extraterritorial service is applicable only when the defendant does not meritorious reasons, be granted an additional period of not more summons, file a motion to dismiss on the pleading of the plaintiff and may grant the be entitled to notices of subsequent proceedings but shall not take part in the trial. (See Section 3, Par. (a) of Rule
reside and is not found in the Philippines and the action either: than thirty (30) calendar days to file an answer. A defendant is only ground of LLRP. If the motion is granted, prayer of the plaintiff as his/ her pleadings may 9).
1. Affects the personal status of the plaintiff or relates thereto; or allowed to file one (1) motion for extension of time to file an answer. the complaint is dismissed; but if the same warrant but in no case the court can grant relief
2. The subject of the action is a property within the Philippines in which the defendant has interest, whether actual or contingent; or is denied, the defendant must file his not prayed for. (See Section 2 (d) of Rule 9), or Remedies of the defendant when he/ she is declared in default:
3. When the relief demanded in the action consists wholly or in part of excluding the defendant from any interest in a property located in the Philippines; or But prior to filing such an answer, the defendant may file a motion for answer, otherwise he may, upon motion of 2. The court may require the plaintiff to present his 1. File a motion under oath to set aside the order of default if no judgment is rendered yet and he must properly
4. The property of the defendant has been attached within the Philippines or Bill of Particulars under Rule 12. the plaintiff, be declared in default. evidence ex parte and render judgment show that his or her failure to answer was due to FAME and he or she has a meritorious defense;
5. In any other manner the court may deem sufficient. thereafter on the basis of such evidence. 2. File a motion for new trial if a judgment is already rendered by appeal is still available;
3. File a petition for relief from judgment under Rule 38 if judgment is already final and executory;
8. Proof of Service: Proof of service of summon would vary depending on how the summon was served. 4. File a petition for annulment of judgment under Rule 47 on the ground of lack of jurisdiction.
a. If the summon was served through personal service, then the proof of service is the affidavit of the server setting forth the manner, place and date of service.
b. If the summon was served through electronic mail, the proof of service would be the print out of the said email with the copy of the summon as served and the affidavit of
the person mailing the summon.
Ame ndme nt o f t he Co mpl ai nt as a mat t e r o f r i g ht
c. If the service was made through publication, then the proof of service would be the affidavit of the publisher, editor, business or advertising manager, to which affidavit, a If after filing his complaint, the plaintiff found that there is a need to add or to
copy of the publication shall be attached and by an affidavit showing the deposit of a copy of the summon and order for publication in the post office, postage prepaid, Mo t i o n f o r Bi l l o f Denied
strike out some allegation in his/her complaint, or there is a need to add or to Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o t he Ru l e s
directed to the defendant by registered mail to his or her last known address. Par t i c u l ar (Ru l e 12) strike out name of any party in the complaint, or when there is a need to correct
a mistaken or inadequate allegation or description in any other respect in his/her o n Ame ndme nt and Su ppl e me nt al Pl e adi ng s
4. Voluntary Appearance**: This is not specifically stated in the 2023 Bar Syllabus. After service of summons but
before filing his answer to the complaint, the plaintiff may amend his complaint so that the actual merits of the
Take note that voluntary appearance is equivalent to service of summon. Thus, when the defendant voluntarily appeared in court, the defects in the service of summon, if any, controversy may speedily be determined, without regard to technicalities, in the Effects of Amended pleadings: Under Section 8 of Rule 10, an amended
are deemed cured. There is voluntary appearance when the defendant filed any pleading or motion in court asking for an affirmative relief. However, there is no voluntary complaint, the defendant may file pleadings supersedes the pleading it amends. However, admissions in the
a Motion for Bill of Particulars to most expeditious and inexpensive manner. Such an amendment may be made
appearance to speak of, if the objective or purpose of the defendant in filing his pleading is to question the very jurisdiction of the court over his/her person. However, there is once as a matter of right at any time before a responsive pleading is served. The superseded pleadings may be offered in evidence against the pleader, and
still voluntary appearance if the defendant filed a pleading or motion in court asking for other affirmative relief in addition to questioning the very jurisdiction of the court over move for the definite statement of On the part of the claims alleged therein not incorporated in the amended pleading shall be
any matter in the complaint which responsive pleading contemplated here is either the answer or motion for
his/her person. plaintiff, he may amend summary judgment. A motion to dismiss, again, is not a responsive pleading. deemed waived
is not averred with sufficient
definiteness or particularity to his/ her complaint as a After service of the responsive pleading, the plaintiff may still amend his
enable him/her to prepare his or matter of right at any complaint, but this time, it must be done with leave of court. However, such leave
her responsive pleading. time before a of court shall be refused if it appears to the court that the motion was made (1)
responsive pleading is with intent to delay; or (2) the purpose of the amendment is to confer jurisdiction
Upon the filing of the motion, the on the courts; or (3) when the pleading sought to be amended stated no cause
served. The responsive of action from the beginning. (See Section 1,2 and 3, Rule 10).
clerk of court will immediately pleading contemplated
Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Mo t i o n f o r Bi l l o f Par t i c u l ar bring it to the attention of the court here is either the
which, in turn, may either deny or
answer or motion for
Take note that, if the motion for Bill of Particular is granted, either in whole or in part, the compliance therewith must be effected within 10 calendar days from grant it outright or allow the
parties the opportunities to be summary judgment.
notice of the order, unless a different period is fixed by the court. (See Rule 12, Section 3).
Effect of non-compliance. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or heard.. Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Di s mi s s al o f Ac t i o n u nde r Ru l e 17
the portion thereof to which the order was directed, or make such order as it may deem just. (Section 4, Rule 12)
Di s mi s s al o f Ac t i o n (Ru l e 17 ) Remember the difference between dismissal with prejudice and dismissal without prejudice

After filing his/ her complaint, the plaintiff may cause its Take note that, dismissal with prejudice constitutes as a final adjudication of the case, which means that the
dismissal either before or after the service of the answer. plaintiff can no longer refile the complaint and as such, the remedy is to appeal the order of dismissal. Whereas;
Take note that, such dismissal may be done via (1) notice dismissal without prejudice does not constitute as a final adjudication of the case, which means that the plaintiff
by the plaintiff, or (2) motion by the plaintiff. In addition, the may still refile his complaint, thus appeal is not the proper remedy since a dismissal without prejudice is not
complaint may also be dismissed (3) due to the fault of the appealable. Remember that, under the rules on appeal, only final order which completely disposes of a case
plaintiff such as failure to prosecute. may be the subject of an appeal.
Fi l i ng o f an Ans w e r
Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o t he Fi l i ng o f an Ans w e r Dismissal upon Notice by Plaintiff: Dismissal upon notice by the plaintiff is done at the instance of the plaintiff
In his/her answer, the defendant must implead his/her defenses and compulsory counterclaim. Failure to plead a by filing a notice of dismissal at any time before service of the answer of the defendant or before the defendant
Note that, an answer is a pleading in which a defending party sets forth his or her defenses. Defenses, in turn, may either be negative or affirmative. A negative defense defense would constitute as waiver of that defense and failure to raise compulsory counterclaim would constitute move for summary judgment. GR: As a rule, dismissal upon notice by the plaintiff is without prejudice. EXP:
is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action. An affirmative defense is an as a bar to its filing in the future. When the ?Two Dismissal Rule? set in. The ?Two Dismissal Rule? set in when the following elements are present:
allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him 1. There was a previous case that was dismissed by a competent court;
or her. Affirmative defenses may be grouped into three: 2. Both cases were based on or include the same claim;
3. Both dismissals were done at the instance of the plaintiff;
Group 2: (FPPR-SIDE)
Group 3: (LLRP) Dismissal upon Motion of Plaintiff: Note that, dismissal upon motion by the plaintiff contemplates a situation
Group 1: (LIL-FF): 1. Fraud
1. That the court has no jurisdiction over the wherein the defendant already filed his answer and his counterclaim. The dismissal is also done at the instance
1. Lack of jurisdiction over the person of 2. Statute of limitation
subject matter, of the plaintiff by filing a motion and which motion must be made with leave of court. But, take note that, the
the defendant 3. Release Fi l i ng o f Re pl y i f ne c e s s ar y
2. that there is another action pending between dismissal, under this instance, is limited only to the complaint itself and the defendant may continue to prosecute
2. Improper Venue 4. Payment
the same parties for the same cause, or his counterclaim either in the same action or in a separate action. But, remember that, if the defendant desired to
3. Lack of Legal Capacity to Sue 5. Illegality If the defendant attaches an actionable
3. that the action is barred by a prior judgment. prosecute his counterclaim in the same action, he must make his manifestation to the effect within 15 days from
4. Failure to State a Cause of Action 6. Statute of Fraud document to his/her answer, the plaintiff may file notice of the motion. (See Section 2, Rule 17).GR: Note that, dismissal upon motion of the plaintiff is without
5. Failure to Comply with a Condition 7. Estoppel a reply to contest the genuineness and due prejudice. EXP: Unless otherwise specified in the order.
Precedent. 8. Former Recovery execution of the said document. If the plaintiff Su mmar y J u dg me nt (Ru l e 3 5 )
9. Discharged in bankruptcy fails to contest such document in the manner Dismissal due to the Fault of Plaintiff: Take note that, the complaint may also be dismissed due to the fault of
The Court ?Shall? motu proprio resolve 10. Other matters by way of confession and avoidance. provided under section 8 of Rule 8, which is to J u dg me nt o n t he Pl e adi ng s After the pleading and answer thereto has been the plaintiff. This kind of dismissal contemplates a situation wherein the plaintiff fails to prosecute his case such
these affirmative defenses within 30 Text
specifically deny them under oath and set forth (Ru l e 3 4) served, the plaintiff or the defendant may move with as when he fails to move for the declaration in default of the defendant when the latter fails, despite notice, to file
calendar days from the filing of the The Court ?May ?conduct summary hearing within 15 calendar days from what he claims to be the fact, the genuineness supporting affidavits, depositions, or admissions by his answer within the prescribed period. GR: Note that as a rule, dismissal due to the fault of the plaintiff is with
answer. the filing of the answer to resolve these affirmative defenses or defer the or due execution of such document shall be After the filing and service of the answer, filing a motion for Summary Judgment in his or her Prejudice. EXP: Unless otherwise provided in the order.
matter to trial. deemed admitted. Take note however, that the the plaintiff may file a motion for judgment favor.
requirement that the document be denied under on the pleadings when the answer of the
oath does not apply when the plaintiff does not defendant fails to tender an issue, or After the filing of motion for summary judgment, the
Rule when the action is founded upon a written instrument: appear to be a party to the instrument. Likewise, otherwise admits the material allegations of adverse party may file a comment and serve opposing
Take note that when the action of the plaintiff is founded upon a written instrument, the defendant must contest such document in a manner provided under Section 8 of such requirement does not apply when the the plaintiff?s pleading, in which case, the affidavits, depositions, or admissions within a
Rule 8, otherwise, the genuineness and due execution of such instrument shall be deemed admitted. The defendant must contest such document by specifically denying plaintiff move for the inspection of the original court, if it agrees with the plaintiff that non-extendible period of 5 calendar days from receipt
them under oath, setting forth what he claims to be the fact. But when the defendant appears to be a party to the instrument, the requirement of an oath does not apply. instrument and the court ordered such indeed the answer of the defendant fails to of the motion and unless the court orders the conduct Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Su mmar y J u dg me nt u nde r Ru l e 3 5
Likewise, the requirement of an oath does not apply when compliance with an order for an inspection of the original instrument is refused. (See Section 8, Rule 8) inspection but the defendant refused to comply tender an issue or otherwise admit the of a hearing, judgment sought shall be rendered
with such an order for inspection of the original material allegation of the plaintiff?s pleading, forthwith if the pleadings, supporting affidavits, Note that Summary Judgment, under Rule 35, is available to both the plaintiff and the defendant, and is fileable after
instrument. (See section 8 of Rule 8). may direct judgment on the pleadings. (See depositions or admissions on file, shows that, except the service of the pleading and answer thereto.
Section 1, Rule 34). as to the amount of damages, there exists no genuine Take note that, any action of the court on motion for summary judgment shall not be the subject of an appeal or
In addition to his/her defenses, the defendant must also raise his/her counterclaim in the answer. A counterclaim is any claim which a defending party may have against an
issue as to any material fact and that the moving party petition for certiorari, prohibition or mandamus. (See Section 3, Rule 15)
opposing party. Counterclaim may either be compulsory or permissive. Compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises
is entitled to judgment as a matter of law.
out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party?s claim and does not require for its adjudication the presence
of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof,
except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount. A compulsory counterclaim not Filing of Rejoinder is necessary
raised in the same action is barred, unless otherwise allowed by these Rules. Permissive Counterclaim is one which does not arise out of or is not connected with the
transaction or occurrence consisting the subject matter of the opposing party?s claim. In the event that the plaintiff attaches an Co nc e pt s t o Re me mbe r w i t h r e s pe c t t o Mo t i o n f o r J u dg me nt o n t he
actionable document attached to his reply, the
defendant may file a rejoinder if the same is Pl e adi ng s u nde r Ru l e 3 4
based solely on an actionable document. Take note that, judgment on the Pleadings under Rule 34 is available only to the plaintiff via motion either before or
after pre-trial. It is different from Judgment on the Pleadings contemplated in Section 10 of Rule 18.

Grounds: When the answer fails to tender an issue or otherwise admits the material allegation in the adverse party's
pleading, the court may upon, motion of the plaintiff, direct judgment on the pleadings.
m m
Any action of the court on a motion for Judgment on the Pleadings shall not be the subject of an appeal or a petition
for Certiorari, Prohibition or Mandamus.
Pre-Trial (Rule 18)
After the last responsive pleading has been serve and filed, the branch clerk of court shall, within 5 calendar days from filing, issue a
notice of pre-trial which shall be set not later than 60 calendar days from the filing of the last responsive pleading. The last responsive
pleadings refer to here may be the answer, reply, or rejoinder. Note that motion to dismiss is not a responsive pleading.

After pre-trial, the court may either proceed with the trial or it may motu proprio include in the pre-trial order that that the case be
submitted for summary judgment or judgment on the pleadings under Section 10 of Rule 18.

Su mmar y J u dg me n m
R C m m w mm m
R
mm m
m m

C R m m

Tr i al (Ru l e )
After pre-trial, and if the court does not submit the case for summary judgment or judgment on the pleadings
under Section 10 of Rule 18, trial will now proceed. In conducting the trial, the parties must strictly observe the
scheduled hearings as agreed upon and set forth in the pre-trial order.

C m m w R R
De mu r r e r t o Ev i de nc e (Ru l e 3 3 ) m
During trial and after the plaintiff has completed the presentation of his or her evidence, the defendant may mm m m
file a demurrer to evidence to move for the dismissal of the complaint on the ground that upon the facts m m m m
and the law, the plaintiff has shown no right to relief. m m
m
If his or her motion is denied, he or she shall have the right to present evidence. If the motion is granted
but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to
present evidence in which case the appellate court will decide the case based on the evidence of the m m
plaintiff..

m m
m
Granted Denied
If granted, the complaint is dismissed and
the plaintiff may file an appeal.

Re ndi t i o n o f J u dg me nt (Ru l e 3 6 )
After Trial or upon submission of the case for summary judgment or judgment on
the pleadings as the case may be, the case is now submitted for decision.
C m m w m R m

C. Remedies after Judgment becomes Final B. Remedies before finality of Judgment Po s t J u dg me nt Re me di e s

(Judgment becomes final when no appeal is
made within the reglementary period within (1) Motion for Reconsideration (Rule 37) After rendition of judgment, the aggrieved party may avail of the post judgment
which to file an appeal or when there was an Grounds: remedies available under the Rules on Civil Procedure. These post judgment
appeal but the same was already resolved with remedies may be grouped into two: (Group A) post judgment remedies before
the damages awarded is excessive, finality of judgment, which include (1) Motion for Reconsideration, (2) Motion for
finality) insufficiency of evidence, or New Trial and (3) Appeal. Then (Group B) post judgment remedies after finality of
judgment is contrary to law judgment which include (1) Petition for Relief from Judgment under Rule 38 and Co nc e pt s t o r e me mbe r w i t h r e s pe c t t o t he Ru l e o n Ex e c u t i o n and Sat i s f ac t i o n o f J u dg me nt
(1) Petition for Relief from Judgment (Rule 38) How and when to file: by filing a Motion for Reconsideration (2) Petition for Annullment of Judgment under Rule 47.
Grounds: FAME within 15 days from receipt of the decision, final order or As a Matter Right
How and When to file: by filing a verified resolution. Note that, under Section 1 of Rule 39, execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding
petition within 60 days from knowledge of the upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
Text
judgment but not more than 6 months from the (2) Motion for New Trial (Rule 37)
entry of judgment, final order or resolution. Appeals and Other Modes of Review (Rule 40-45; If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee,
Grounds: (FAME+NDE) Fraud, Accident, Mistake, Excusable
64): submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the
Negligence + Newly Discovered Evidence. adverse party.
(2) Petition for Annullment of Judgment (Rule 47) Rule 40: Appeal from Municipal Trial Court to m
Grounds: Please take note of the ?Fresh-Period Rule? which provides that, Regional Trial Court The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution.
(1) Extrinsic Fraud, in the event that an MR/MT is timely filed and the same was Rule 41: Appeal from the RTC (in the exercise of its
(2) Lack of Jurisdicton (over the person and over denied, the party is given a fresh period of 15 days within which Original Jurisdiction) to the CA. Execution as a matter of Discretion
the subject matter), or to perfect his appeal reckoned from the receipt of the denial of the Rule 42: Appeal from the RTC (in the exercise of its Note that execution as a matter of discretion contemplates a situation wherein execution is being sought even before the expiration of the period to appeal.
(3) Lack or denial of Due Process MR or MT. appellate jurisdiction to the CA Under Section 2 of Rule 39, a judgment may be executed as a matter of discretion, on motion of the prevailing party with notice to the adverse party filed in the
How and When to file: by filing a verified Petition Rule 43: Appeal from the quasi-judicial agencies trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the
for Annullement of Judgment within 4 years if the (3) Appeal Rule 45: Appeal by certiorari to the Supreme Court filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal. After the
ground is extrinsic fraud, and before barred by Rule 64: Review of Judgements or Final Orders of trial court has lost its jurisdiction, the motion for execution pending appeal may be filed in the appellate court. Discretionary execution may only issue upon
Nature of the Right to Appeal: The right to appeal is a statutory
good reasons to be stated in a special order after due hearing.
laches and estoppel if the ground is lack of right and not a constitutional right and as such, it must be the COA and COMELEC. Ex e c u t i o n and Sat i s f ac t i o n o f J u dg me nt (Ru l e 3 9)
jurisdiction. exercised in a manner provided by law. By Independent Action: Take note that under Section 6 of Rule 39, a final and executory judgment or order may be executed on motion by filing a motion for
Subject and Final Orders subject to Appeal: Judgments and (See Separate Flowcharts on Appeal) Once the judgment becomes final, execution and satisfaction of judgment will
execution within 5 years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced
follow. Again, judgment becomes final when no appeal is taken within the
Final Orders which completely dispose of a case by action through an action for revival of judgment. The revived judgment may also be enforced by motion within 5 years from the date of its entry and
reglementary period or when there was an appeal but the same was already
Matters not Appealable; Available Remedy: Rule 65 thereafter by action before it is barred by the statute of limitations.
resolved with finality.

Note that, execution may be made as a matter of right, as a matter of discretion,

or by independent action.