Civil Procedure – Rules 1 – 10

Rule 1  General Provisions

1.  Civil action  – one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong; may be ordinary or special

      Criminal action  – one by which the state prosecutes a person for an act or omission punishable by law

      Special proceeding – remedy by which a party seeks to establish a status, a right, or a particular fact

2.  Rules of Court shall NOT be applicable to the following, except by analogy or in a suppletory character, and whenever practicable and convenient

  1. Election cases;
  2. Land registration;
  3. Cadastral proceedings;
  4. Naturalization proceedings; and
  5. Insolvency proceedings

Rule 2  Cause of Action

1.   Cause of action – an act or omission by which a party violates the right of another

2.   Requisites of Joinder of Causes of Action:

  1. The party joining the causes of action shall comply with the rules on joinder of parties;
  2. The joinder shall NOT include special civil action or actions governed by special rules;
  3. Where the causes of action are between the same parties but pertain to different venues or jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the RTC and the venue lies therein;

3.   Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction.

4.   Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion or motu proprio, be severed and proceeded with separately.

Rule 3  Parties to Civil Actions

1.   Claims that Survive the Death of a Party:

  1. Actions to recover real and personal property against the estate;
  2. Actions to enforce liens thereon;
  3. Actions to recover for injury to persons or property by reason of tort;
  4. Actions to recover money arising from contract, express or implied.

2.  Death of defendant in action on contractual money claims before judgment of RTC NOT ground for dismissal.  Action continues until entry of final judgment.  Any judgment against estate of deceased will be enforced as money claim.  Writ of preliminary attachment, if any, not dissolved.

3.  Requisites of Permissive Joinder of Parties:

  1. Right to relief arises out of the same transaction or series of transactions, whether jointly, severally, or in the alternative;
  2. There is a question of law or fact common to all the plaintiffs and defendants;
  3. Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue.

4. Requisites of a Class Suit:

  1. Subject matter of the controversy is one of common or general interest to many persons;
  2. Parties affected are so numerous that it is impracticable to bring them all to the court;
  3. Parties bringing the class suit are sufficiently numerous or representative of the class and have the legal capacity to file the action.

5.   Transfer of Interest

      à  Action may be continued by or against the original party, unless the court, on motion, directs the transferee to be substituted in the action or joined with the original party; however, if transfer is made before commencement of the action, the transferee must necessarily be the party, since only he is the real party in interest.

Rule 4  Venue Of Actions

* Uniform rule on venue in RTC and MTC

1.   Venue of real actions – in the proper court which has jurisdiction over the area wherein real property involved or a portion thereof is situated.

2.   Venue for forcible entry and detainer actions – in the MTC of the municipality or city wherein the real property or a portion thereof is situated.

3.   Venue of personal actions – where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

NOTE:    “residence” means place where party actually resides at time of action; does NOT mean permanent home or domicile.

4.   Action against non-resident not found in the Philippines

  1. Action Affects the Plaintiff’s Personal Status – in the court of the place where the plaintiff resides.
  2. Action Affects Any Property of the Defendant in the Philippines – where the property or any portion thereof is situated or found.

5.   Rules on Venue shall NOT apply:

  1. In those case where a specific rule or law provides otherwise (e.g., civil case for damages in cases of libel, where Article 360 of RPC provides specific rules on venue); OR
  1. Where the parties have validly agreed IN WRITING before the filing of the action on the EXCLUSIVE venue thereof.

à  In this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of the real property involved.

Rule 5  Uniform Procedure in Trial Courts

1.   The procedure in the MTCs shall be the same as that in the RTC.

2.   Uniform Procedure shall NOT be applicable:

  1. Where a particular provision expressly or impliedly applies only to either of said courts.
  2. In civil cases governed by the Rule on Summary Procedure.

Rule 6  Kinds of Pleadings

1.   Negative Defense – specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause of action.

2.   Affirmative defense – an 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.  Includes:

  1. Fraud
  2. Statute of limitations
  3. Release
  4. Payment
  5. Illegality
  6. Statue of frauds
  7. Estoppel
  8. Former recovery
  9. Discharge in bankruptcy
  10. Any other matter by way of confession or avoidance.

3.  Compulsory counterclaim – Requisites:

  1. Arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party’s claim;
  2. Does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction; and
  3. Must be within the jurisdiction of the court both as to the nature and the amount, except that in an ORIGINAL action in the RTC, the counterclaim may be considered regardless of the amount.

à Agustin vs. Bacalang

A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim in excess of its jurisdiction.  A counterclaim beyond the court’s jurisdiction may only be pleaded by way of defense, the purpose of which is to defeat or weaken the plaintiff’s claim, but NOT to obtain affirmative relief.  MOREOVER, the amount of judgment obtained by the defendant on appeal cannot exceed the jurisdiction of the court in which the action began.  Since the trial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount, the appellate court likewise did not have jurisdiction over the same.  In such a case, the award in excess of the jurisdiction of the trial court is void.

à Calo vs. Ajax

A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of the inferior court, will only be considered permissive.  Hence, fact that it is not set-up in the inferior court will not bar plaintiff from instituting a separate action to prosecute it.

Rule 7  Parts of a Pleading

  1. 1.    Formal Requirements of Pleadings:
  2. 2.    Signature of the lawyer constitutes a certification by him that:
  1. Caption
  2. Title
  3. Body divided into headings and paragraphs
  4. Body divided into headings and paragraphs
  5. Signature and address
  6. Verification in some cases
  1. He has read pleading
  2. To the best of his knowledge, information, and belief, there is good ground to support it
  3. It is not interposed for delay.

3.  How a Pleading is Verified: By an affidavit stating that

  1. Affiant (person verifying) has read the pleading
  2. Allegations therein are true and correct as of his personal knowledge or based on authentic records. (SC Circular 48-2000, effective May 1, 2000)

4.   A pleading required to be verified which:

  1. Contains a verification based on “information and belief”, OR
  2. Contains a verification based on “knowledge, information and belief,” OR
  3. Lacks a proper verification

àShall be treated as an unsigned pleading.

  1. 5.    What pleadings have to be verified:
  1. Petition for relief from judgment (38.3)
  2. Appeal by certiorari from CA to SC (45.1)
  3. Complaint with prayer for preliminary attachment (57. 3)
  4. Complaint for injunction (58.4)
  5. Complaint for replevin (60.2)
  6. Petition for certiorari (65.1)
  7. Petition for prohibition (65.2)
  8. Petition for mandamus (65.3)
  9. Complaint for forcible entry or unlawful detainer (70.4)
  10. Petition for appointment of general guardian (93.2)
  11. Petition for leave to sell or encumber property of estate or guardian (95.1)
  12. Petition for declaration of competency of the ward (97.1)
  13. Petition for habeas corpus (102.3)
  14. Petition for change of name (103.2)
  15. Petition for voluntary dissolution of a corporation (104.1)
  16. Petition for cancellation or correction of entries in the civil registry (108.1)
  17. Petition to take deposition in perpetuam rei memoriam (before action or pending appeal) (24.2)
  18. Motion to set aside a default order of an inferior court
  19. Motion for dissolution of preliminary injunction on the ground of irreparable damage to the movant while the adverse party can be fully compensated
  20. Petition for appointment of receiver
  21. Petition for review of the decision of an RTC in cases within the exclusive original jurisdiction of the inferior court, by and elevated to the CA.
  22. Pleadings that need not be verified but must be under oath:
  23. Denial of the genuineness and due execution of an actionable document (8.8)
  24. Denial of allegations of usury (8.11)
  25. Answer to written interrogatories (25.2)
  26. Answer to request for admission (26.2)
  27. Notice of appeal from administrative tribunals to the CA

6.   Supporting affidavits of merit required:

  1. Motion to postpone for absence of evidence (30.3)
  2. Motion to postpone for illness of a party or counsel (30.4)
  3. Motion for summary judgment or opposition thereto (35.1,2,3,5)
  4. Motion for new trial on the ground of FAME or opposition thereto (37.2)
  5. Petition for relief from judgment (38.3)
  6. Third-party claim (39.16)
  7. Proof required of a redemptioner (39.30)
  8. Motion for preliminary attachment (57.3)
  9. Motion for dissolution of preliminary injunction (58.6)
  10. Application for writ of replevin (60.2)
  11. Claim against the estate of the decedent (86.9)
  12. Motion for new trial based on newly discovered evidence in criminal cases (121.4)

7.   Certification against Forum-Shopping: Plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading or in a sworn certification annexed and filed therewith:

  1. That he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency; to the best of his knowledge no such other claim or action pending;
  2. If there is such other pending action, a complete statement of the present status thereof;
  3. If he should thereafter learn that same or similar action or claim is filed or pending, he shall report the same within 5 days therefrom to the court where he filed his complaint.


à For Forum-Shopping to exist, there must be:

  1. Same transactions involved;
    1. Same essential facts and circumstances; and
    2. Actions raise identical cause of action, subject matter, and issues.

Rule 8  Manner of Making Allegations in Pleadings

1.  Allegations of capacity

  1. Capacity of party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association that is made a party must be averred;
  2. To raise an issue as to the legal existence of a party or the capacity of a party in a representative capacity, do so by specific denial, including such supporting particulars as are peculiarly within the pleader’s knowledge.

2.   Action or defense based on document

  1. Substance of such document set forth in the pleading;
  2. Original or copy attached to the pleading as exhibit and deemed to be part of the pleading; OR
  3. Copy may be set forth in the pleading with like effect.
  1. 3.    How to contest actionable document: Genuineness and due execution of instrument deemed admitted unless adverse party:
  1. Specifically denies them under oath;
  2. Sets forth what he claims to be the facts.

à  Requirement of an oath does NOT apply:

  1. When diverse party does not appear to be a party to the instrument; or
  2. When compliance with an order for an inspection of the original instrument is refused.

à Admission of genuineness and due execution:

  1. Party whose signature appears admits that he signed it, or that it was signed by another with his authority
  2. Was in words and figures as set out at the time it was signed
  3. Document was delivered
  4. Any formal requisites required by law which it lacks are waived by him

à  The following defenses are cut-off by admission of genuineness and due execution of the document:

  1. Signature is a forgery
  2. Signature is unauthorized
  3. Corporation is not authorized under its charter to sign the instrument
    1. Party charged signed the instrument in some other capacity than that alleged in the pleading setting it out
    2. Document was never delivered.
    3. 4.    Specific Denial
  1. Defendant must specify each material allegation of fact the truth of which he does not admit;
  2. Defendant must set forth the substance of the matters upon which he relies to support his denial, whenever practicable;
  3. If denying only part of an averment, he shall specify so much of it as is true and material and shall deny the remainder;
  4. If defendant does not have knowledge or information sufficient to form a belief as to the truth of a material averment, he shall so state and this has effect of denial.

à Negative pregnant – a denial which at the same time involves an admission of the substantial facts in the pleading responded to.

5.   Allegations not specifically denied, other than those as to amount of unliquidated damages deemed admitted.

Rule 9  Effect of Failure to Plead

1.  General Rule: Defenses and objections not pleaded in answer or motion to dismiss are deemed waived  (Omnibus Motion Rule).

Exception: Court shall dismiss the claim, even without allegation in answer or motion to dismiss, if any of the following appear from the pleadings or the evidence on record:

  1. Lack of jurisdiction over the subject matter;
  2. Litis pendentia between same parties for the same cause;
  3. Res judicata
  4. Action barred by statute of limitations.
  1. 2.    Declaration of Default
  1. Defendant entitled to notice of motion to declare him in default and of order of default;
  2. Motion to set aside order of default may be filed after notice and before judgment;
  3. Party may make motion, under oath, to set aside order of default upon proper showing that failure to answer was due to FAME;
  4. Effect of order of default – party in default entitled to notice of subsequent proceedings but not to take part in trial;
  5. Partial default – if several defending parties and not all in default, the court shall try the case against all upon the answers thus filed and evidence presented;
  6. After declaration of default, court may render judgment on the basis of the complaint or require claimant to submit evidence;
  7. Judgment against party in default shall not exceed the amount or differ in kind from that prayed for nor award unliquidated damages;
  8. No defaults in action for annulment or declaration of nullity of marriage or for legal separation.

Rule 10  Amended and Supplemental Pleadings

1.   Amendments of pleadings may be made once as a matter of right:

  1. At any time before responsive pleading is served
  2. In the case of a reply, anytime within 10 days after service.

à Plaintiff may amend complaint as a matter of right even after defendant files a Motion to Dismiss, since the same is not a “responsive pleading.”

  1. 2.    Substantial amendments may be made only with leave of court, except as provided above.
  2. 3.    An amended pleading supersedes the pleading that it amends but admissions in superseded pleadings may be received in evidence against the pleader. (NOT judicial admissions anymore; thus, must be formally offered)
  3. 4.    Claims and defenses alleged in original but not incorporated in the amended pleading shall be deemed waived.

5.  Amended and Supplemental pleadings distinguished:

Refers to facts existing at the time of the commencement of the action Refers to facts arising after the filing of the original pleading
Results in the withdrawal of the original pleading Merely an addition, and does NOT result in the withdrawal of, the original pleading
Can sometimes be made as a matter of right Always filed with leave of court



Remedial Law (Civil Procedure) Memory Aid

Ateneo Central Bar Operations 2001


About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on December 19, 2011, in Civil Procedure and tagged . Bookmark the permalink. 1 Comment.

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