Civil

Procedure Summary Reviewer

Feria Noche Book
Atty. Noche Lecture
Rule 1 - Party may in one pleading assert as many causes of actions as he may have against the
1 Title of the Rules ff:
- Rules of Court J different venues or jurisdiction: RTC with jurisdiction
2 In what courts applicable A claims for money, amount is the test of jurisdiction
- Apply in all courts, except as otherwise provided by SC R comply with rules on joinder of actions
3 Cases governed S not include special civil actions
- Civil protection or enforcement of right or prevention of a wrong 6 Misjoinder of Cause of Action
- Criminal once information is filed = criminal action - Not a ground for dismissal of action
- Special proceeding to establish status or right of party or particular fact - May be severed and proceeded separately
4 Not Applicable
C cadastral Rule 3: Parties to Civil Action
N naturalization 1 Who may be Parties
E election cases - Natural
I insolvency - Juridical
L land registration - Authorized by law
5 Commencement of Action 2 Parties in Interest
- By filing of complaint in court - Party who stands to be benefited or injured by the judgment in the suit or party
- Additional defendant: date of filing of amended complaint joining additional defendant entitled to avails of suit
- Filing of complaint and payment of proper fees vests jurisdiction over subject matter or - Actual interest
nature of action - Name of real party in interest
6 Construction - RPI = only applies to private suits
- Liberally construed to secure just, speedy and inexpensive disposition of action & 3 Representative as Parties
proceeding - Action be prosecuted or defended by representatives, beneficiary shall be included in
the title of the case and deemed RPI
- Trustee, guardian, administrator, authorized by law
Rule 2: Cause of Action
4 Spouses as Parties
1 Basis of Ordinary Civil Actions
- GR: husband and wife shall sue and be sued jointly = co administrators of community
- Based on a cause of action: act or omission of a party in violation of rights of the other
property.
C correlative obligation of defendant
- Exceptions:
A act or omission of defendant violating right of
1. Against each other
plaintiff
2. Crime
R legal right of plaintiff
3. Judicial separation
2 Cause of Action 4. Abandonment, practice of profession, exclusive property
- When it exists: must exist at time complaint is filed
3 One Suit for single Cause of Action 5 Minor/Incompetent Person
- Party may not institute more than 1 single cause of action - With assistance of father, mother, guardian, guardian ad litem
4 Splitting single Cause of Action 6 Permissive Joinder of Parties
- If 2 or more suits of same cause of action, filing or judgment of one is ground for - Requisites:
dismissal of others C claim arises from same/series of transaction
- No forum shopping R read with joinder of causes of action
5 Joinder of Causes of Action C common question of law or fact in the action

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Civil Procedure Summary Reviewer
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- It is permissive in the standpoint of the party initiating the cause of action. 13 Alternative defendants
7 Compulsory joinder of indispensable parties - Sheldon unsure who among the group took his spot, he is entitled to relief, may join
- Parties in interest are indispensable parties without whom no final determination can any or all of them as defendants.
be had 14 Unknown identity or name of defendant
- Without them no resolution of the case, no judgment at all - He may be sued as the unknown owner, heir, devisee or by other designation
- Failure to implead: - When identity or true name is discovered, pleaded must be amended
court should order that the indispensable party be impleaded 15 Entity without juridical personality as defendant
if despite order, you did not cmply = dismissal of case - 2 or more persons not organized as an entity with juridical personality enter into a
8 Necessary Party transaction, they may be sued under the name with are generally or commonly
- A necessary party is one who is not indispensable but who ought to be joined. known.
If relied is to be accorded as to those already parties or - Names and addresses of persons composing entity must be revealed in the answer
For a complete determination or settlement of the claim subject of the action 16 Death of party; duty of counsel (when either party dies and action survives)
- Failure to implead: - Lawyer should
Non prejudicial Inform the court within 30 days from Fact of death
No waiver of right to implead Give the name and address of legal representative of deceased
9 Non-joinder of necessary parties to be pleaded - Test to determine whether action survives or not
- The pleader shall set forth his name and state why he is omitted If wrong complained of affects primarily and principally property or property
- Court finds unmeritorious omission: court shall order inclusion of omitted necessary rights, action will survive
party if jurisdiction over his person may be obtained - Heirs of deceased may be allowed to be substituted for the deceased
- Failure to explain non-joinder without justifiable cause = deemed a waiver of the Court may appoint guardian ad litem for minor heirs
claim against such party. Formal substitution of heirs not necessary when they voluntarily appear
10 Unwilling co-plaintiff (consent of a co-plaintiff [Belle] cant be obtained) 17 Death or separation of a party who is a public officer
- Belle may be made defendant, and - Requisites
- State the reason in the complaint R removal or death of public officer and appointment of successor within 30 days
11 Misjoinder and non-joinder of parties unless otherwise provided
- Non-joinder of an indispensable or necessary party is not a ground for dismissal of an S successor adopts, continues, threatens to continue the action sued against
action. N there is substantial need to continue action
- If court orders a joinder, but matigas ulo mo = ground for dismissal because of non- - Substitution is not automatic. Court must:
compliance Give notice to new public officer and
12 Class Suit Give him opportunity to be heard
- Requisites 18 Incompetency or incapacity (your client, Gaston, is incompetent)
S subject matter is one of common or general interest to many persons - File a motion with notice asking the court to continue the case and for client to be
N interested persons are so numerous impracticable to join them all assisted by a legal guardian or guardian ad litem.
R parties bringing class suit are sufficiently numerous or representative of 19 Transfer of interest
class and can fully protect the interests of all concerned - Action may be continued by or against the original party.
- Depends on the facts of the case Original party may hold fruits of action as trustee.
- Common or general is essential. - Transferee may be impleaded upon motion
- Derivative suit those instituted by an individual stockholder on behalf of - Substitution must be done
the corporation to protect or vindicate corporate rights. During lifetime of the transferor of interest and
Wrong done to corporation. While counsel is still the effective & authorized counsel for the client-transferor
- Class suit those instituted when the wrong is done to a group of 20 Action on contractual money claims
stockholders. Wrong done to the certain group.
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Civil Procedure Summary Reviewer
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- Applies only if - Jurisdiction over defendant is limited to the res
Money claim, and Judgment may only be against property of defendant in the Philippines.
Defendant dies Court cannot lawfully render a personal judgment against Joe, unless he submits
- Anong Ganap? to the jurisdiction of the court.
No substitution, it just continues 4 When Rule not applicable
Final judgment against estate shall be enforced - In cases where a specific rule or law provides otherwise
21 Indigent Party (upon ex parte application and hearing) - Where parties have validly agreed in writing before the filing of the action on the
- Indigent (two tier test) exclusive venue thereof
Gross income + family income does not exceed twice of monthly min wage, and Binding between parties and enforceable by the courts
Owns real property whose FMV is P300k Stipulated venue is mandatory
- Court is given the discretion to determine w/n indigent : no property or money Exception: when contrary to public policy
sufficient and available for Food, Shelter, Basic necessities Rule 5: Uniform Procedure in Trial Courts
- Benefits 1 Uniform Procedure
Free stenographic notes - Procedure in MTC shall be = RTC except
Free filing fees but lien on judgment Where particular provision expressly or impliedly applies to either
- If panggap si bes In civil cases governed by Rules on Summary Procedure
Pay proper docket fees 2 Meaning of terms
22 Notice to the Solicitor General - Municipal Trial Courts shall include MetTC, MTC in Cities, MTC, and MCTC
- Any action involving validity of any treaty, law ordinance, EO, PD, rules or regulations,
the court may require the appearance of Soc-Gen who may be heard in person or Rule 6: Kinds of Pleadings
through representative (if busy busyhan) 1 Pleadings defined

- Written statements of
Rule 4: Venue of Actions
C respective claims and defenses of parties
1 Venue of Real Actions
S submitted to the court for appropriate judgment
- Actions affecting title to or possession of real property, or interest therein

- Commenced and tried in the proper court which has jurisdiction over the area where 2 Pleadings allowed
property or a part thereof is situated - Claims of parties are asserted in a
- Forcible entry and detainer = MTC of municipality where situated Complaint
- MTC: venue of ejectment cases Counterclaim
- Extra-judicial foreclosure is governed by Act 2135, not ROC Corss-claim
th
2 Venue of Personal Actions (at the election of the plaintiff) Third (4 , etc) party complaint
- Where plaintiff or any of principal plaintiffs reside Complaint-in-intervention
- Where defendant or any of the principal defendants resides or - Defenses are alleged in the answer to the pleading
- If non-resident defendant, where he may be found - Answers may be responded to with a reply.
- Residence: the permanent home, place of which, whenever absent for business or

3 Complaint
pleasure, one intends to return
- Complaint is a pleading alleging the plaintiffs cause of action
- Residence requires bodily presence as an inhabitant
Names and residences of plaintiff and defendant
- Domicile requires bodily presence and an intention to make it ones domicile.
Concise statement of ultimate facts constituting the cause of action
3 Venue of actions against non-residents (Joe)
Relief prayed for
- Actions affecting personal status of plaintiff = where plaintiff resides
Allege and prove fulfillment of condition (if upon a condition precedent)
- Action affecting property of Joe in the Philippines = where property or any portion is
Can allege: Fraud, malice, intent, knowledge, illegality
situated

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Civil Procedure Summary Reviewer
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- Ultimate facts: Will substantially the same evidence support or refute plaintiffs claim as well as
general allegation of ownership defendants counterclaim
- not ultimate facts: Is there any logical relation between claim and counterclaim?
evidentiary or immaterial facts - Compulsory no need for certificate of non-forum shopping
legal conclusions, inferences of facts from facts not stated - Permissive - necessary

8 Cross-Claim
4 Answer
- Any claim by one party against a co-party
- a pleading in which defending party sets forth his defense
Arising out of transaction that is subject matter of original action or
5 Defenses counterclaim
- Affirmative - Period to answer : 10 days
An allegation of a new matter which , while hypothetically admitting the - No need for leave of court
material averments in the pleading of the claimant, would prevent or bar Cross-claim Counterclaim Third-party complaint
recovery. Against a co-party Against opposing party Against not a party
- Negative Arise out of transaction that Arise out of or necessarily In respect of opponents
A specific denial of the matter of fact or facts alleged in the pleading of the is subject matter connected with transaction claim
claimant essential to his cause/s of action
that is subject matter
6 Counterclaim 9 Counter-claims and Counter-cross-claims
- A y claim which a defendant party may have against an opposing party. - Counterclaim may be asserted against an original counter-claimant.
- Nature of a cross-complaint. - Cross claim may be filed against an original cross-claimant
- Distinct and independent cause of action 10 Reply
- Must be answered within 10 days from service - Proper function
- If properly interposed, defendant becomes the plaintiff To allege new matters in avoidance of any affirmative defense in the answer.
7 Compulsory counterclaim (Deny, allege facts, make issue to new matters)
- Requisites of compulsory counterclaim - When not necessary
Arise out of or be necessarily connected with the transaction or occurrence that Not necessary to file a reply if the only purpose of plaintiff is to deny the new
is the subject matter of the opposing partys or co-partys claim matters alleged in the answer
Does not require for its adjudication the presence of third parties of whom the - Improper: to counterclaim or crossclaim
court cannot acquire jurisdiction, and - When you should file
Must be within the jurisdiction of court and is cognizable by the regular courts of To answer: within 10 days from service
justice To supplemental answer: within 10 days from notice of order
- Requisites of permissive counterclaim 11 Third (fourth, etc) party complaint
Does not arise out of or is not necessarily connected with the transaction or - May be filed by defendant in respect to the complaint, by a plaintiff in respect to the
occurrence that is the subject matter of opposing partys claim counterclaim, by a co-party in respect to cross claim.
rd
Does not require for its adjudication the presence of 3 parties of whom the - With leave of court to file for contribution, indemnity, subrogation, or any other
court cannot acquire jurisdiction, and relief, in respect to opponents claim
rd
Must be within the jurisdiction of the court, and cognizable y regular courts of - Period to file answer to a 3 party complaint: 15 days
justice - Summons on third party defendant is necessary
- Test whether C or P (if yes to all = C) - Original claimant may amend pleading
rd
Are issues of fact and law raised by the claim and counterclaim largely the same? - If complaint dismissed, 3 party complaint will also be dismissed.
Would res judicata bar a subsequent suit on defendants claim, absent the 12 Bringing new parties
compulsory counterclaim rule? - Presence of parties other than those to the original action is required for granting of
complete relief

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Civil Procedure Summary Reviewer
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- If one or more of the defendants in a counterclaim or cross-claims is already a party Certify, under oath, that he has not filed a similar complaint involving same issued
to the action the other necessary parties may be brought under this section. in another court
13 Answer to third (fourth, etc) party complaint If ther is any other pending claim, he must provide status
- Party defendant may allege in his answer his defenses, including defenses that third If he learns about similar action, he must repost such fact within 5 days to court
party plaintiff may have against original plaintiffs claim. - Absence of CNFS dismissal of case
- He may also assert counterclaim against original plaintiff in respect of claim against - Non-compliance
rd
3 party plaintiff Indirect contempt

Administrative and criminal cases
Rule 7: Parts of a Pleading Dismissal of case
1 Caption - GR: if there are two pending cases, the latter case will be dismissed.
- Name of the court, title of action and docket number if assigned. Exception: first may be dismissed if later action is more appropriate.
Indicates names of parties
2 Body Rule 8: Manner of Making Allegations in Pleadings
- Body of the pleading sets forth its designation, allegations, claims or defenses. 1 In General
- Paragraphs - Shall contain
- Headings Ultimate facts on which party pleading relies for his claim or defense
- Relief Provisions of law relied upon and their applicability
- date 2 Alternative Causes of action or defenses
3 Signature and address - Single cause of action can entitle a party to 2 alternative reliefs.
- every pleading must be signed by the party or counsel representing him, otherwise - Alternative statements may be made either in one cause of action or defense or in
pleading produces no legal effect. separate causes of action or defenses.
- Signature certifies that: - Plaintiff can make alternative allegations.
He read pleading,

There is good ground to support it 3 Conditions precedent

Not interposed for delay - A general averment of the performance or occurrence of all conditions precedent
4 Verification shall be sufficient.
- GR: pleadings need not be verified, under oath, or accompanied by an affidavit 4 Capacity
Except: if specifically required by law or rule - Facts showing the:
- Verification states that affiant has read the pleading and allegations are true Capacity of a person to sue or be sued
UNDER OATH Authority of party to sue or be sued in a representative capacity
- Only a formal requirement. Not jurisdictional. Legal existence of an organized association of persons that is made a party
- Multiple parties, all must sign. - Specific negative averment or specific denial

If defendant wishes to raise an issue as to the plaintiffs legal capacity to sue =
5 Certification against forum shopping file motion to dismiss or set up affirmative defense in the answer.
- Forum shopping consists of filing multiple suits in different courts, either

simultaneously or successively, involving the same parties, to ask the courts to rule on 5 Fraud, mistake, condition of the mind
the same or related causes or grant the same or substantially same reliefs - If fraud or mistake circumstances constituting it must be stated with particularity
- Test: is there identity of parties, rights or causes of action and reliefs sought? - If malice, intent, knowledge or other condition of the mind of a person
- Who must sign it: party himself, NOT the counsel 6 Judgment
Only individuals vested with authority by board may sign CNFS on behalf of corp - Jurisdiction of the court a quo is presumed
- When needed: initiatory pleading. 7 Action or defense based on document
- CONTENTS - How to plead an action or defense based on document

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Civil Procedure Summary Reviewer
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Substance of document must be set forth in the pleading and attach the 12 Striking out of pleading or matter contained therein
document or - Allegations of merely evidentiary or immaterial facts may be expunged from the
Reproduce contents of the document in the pleading pleading or may be stricken out on motion.
- Examples of actionable documents - Within 20 days after service of the pleading
Promissory note
Deed of REM Rule 9: Effect of failure to Plead
Written contract 1 Defenses and objections not pleaded
Loan agreement - GR: defenses and objections not raised in a motion to dismiss or in answer are deemed
Contract of lease waived
8 How to Contest such documents - Except:
- Genuineness and due execution Lack of jurisdiction over subject matter may be raised at any stage
genuineness the instrument is not spurious, counterfeit, or of different import Litis penendita
on its face from one executed Res judicata
o party whose signature it bears really signed it Statute of limitations/prescriptionwaiver doesnt apply if barred by prescription
o it was in words and figures exactly as set out in the pleading Lack or absence of cause of action
Due execution signed with authority - Parties and their counsel are enjoined to present all available defenses and objections
- How to contest it? in order that the matter in issue can finally be laid to rest.
By specifically denying them under oath, and setting forth what he claims to be 2 Compulsory counterclaim, or cross-claim, not set up barred
the facts - Barred forever
Exception: adverse party does not appear to be party in the instrument or - May be set up by
compliance with an order for inspection of original document is refused Amended answer provided counterclaim or cross-claim already existed at time
- Specific denial under oath must be based on personal knowledge original answer was filed
9 Official document or act Supplemental answer if counterclaim or cross-claim matures or is acquired after
- Sufficient to aver that the document was issued or act done in compliance with law original answer is filed.
10 Specific denial - Compulsory counterclaim can cure jurisdictional defect in the complaint if damages
- Defendant must specify each material allegation of fact the truth of which he does suffered falls within the jurisdictional amount
not admit and whenever practicable set forth substance of matters which he relies to

3 Default, declaration of
support his denial.
- Requisites:
- Denial only of a part of an averment, he shall specify so much of it as true and
Court validly acquired jurisdiction over person of defending party by summons or
material and shall deny only the remainder.
voluntary appearance
- If without knowledge or information sufficient to form a belief as to the truth of a
Defending party failed to file an answer within time allowed
material averment made, he shall state and have an effect of denial
Claiming party filed a motion asking to declare defendant in default
- Negative Pregnant is not specific denial.
Claiming party must prove defending party failed to answer within period
A denial with the admission of the substantial facts in the pleading responded to
Motion to declare defending party in default must be heard
which are not squarely denied.
- Kinds of default
- Only qualification or modification is denied, the fact itself is admitted.
General order of default
11 Allegations not specifically denied deemed admitted
Failure to attend pre-trial
- Waiver of Implied Admission: Material averments in the complaint shall be deemed
Failure to file an answer
admitted when not specifically denied.
- Where no defaults are allowed
- Except:
Action for annulment or declaration of nullity of marriage
Those as to amount of unliquidated damages
Action for legal separation
Immaterial averments
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Civil Procedure Summary Reviewer
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- Remedies - Pursuant to new (TOE) transactions, occurrences or events that have risen after filing of
Defendant may at any time before judgment file a motion under oath to set aside original pleadings
order of default on ground that his failure to answer was due to FAME - Not new complaints. Do not supersede original complaints
Judgment already been rendered when defendant discovered the default, before - Leave of court necessary
becoming final and executory - GR: file a supplemental pleading as long as there are new transactions, occurences, or
After judgment has become final and executory, file petition for relief events that occur after the filing of the first pleading.
Appeal from judgment rendered 7 Filing of amended pleadings
- Effect: - Filed with a new copy of the entire pleading which incorporates and indicates the
Party in default shall be entitled to notice of subsequent proceedings but not to amendments with appropriate marks
take part in trial - Amended complaint should be served on the defendant.
8 Effect of amended pleadings
Rule 10: Amended and Supplemental Pleadings - It supersedes the pleading that it amends.
1 Amendments in general - The admissions in the first pleading may be received in evidence against pleader.
- Pleadings may by amended by - Defenses and claims alleged in first pleading deemed waived if not incorporated in the
adding or striking out an allegation or the name of any party amended pleading.
correcting a mistake in the name of party or mistaken allegation or description in
any other respect Rule 11: When to File Responsive Pleadings
2 Amendments as a matter of right 1 Answer to the Complaint
- matter of right - Answer complaint within 15 days after service of summons unless a different period is
any time before responsive pleading is served fixed by court
at any time within 10 days after it is served (in case of reply) - Ordinary service = 15 days
- file a motion for leave of court to file an amended pleading and attach already the - Extraterritorial service = at least 60 days after notice
amended pleading - Summons by publication = at least 60 days after date of last publication
- response to an amended complaint 15 days after being served with a copy 2 Answer of a defendant foreign private juridical entity

3 Amendments by leave of court - If served on govt official designated by law to receive the same, it is duty of the govt
- substantial amendment modifies or alters the cause of action or defenses official to send copy of summons to home office of defendant and time to answer is
30 days after receipt.
- made with leave of court
may be refused if done to cause delay - Made on resident agent in accordance with law = within 15 days

4 Formal amendments 3 Answer to amended complaint

- defect in designation of parties, clerical, typographical errors - Must be served on defendant
- formal amendments may be done at any stage upon motion of party of the court motu - A matter of right = within 15 days
propio - Not a matter of right = within 10 days from notice of the order admitting the same
5 Amendment to conform to or authorize presentation of evidence 4 Answer to counterclaim or cross-claim
- issues not raised by the pleadings are tried with express or implied consent of the - Within 10 days from service.
parties, they shall be treated in all respects as if they had been raised in the pleadings. - Compulsory counterclaim which raises issues not covered by first complaint should be
- A complaint which states no cause of action can be cured answered within 10 days from service
- Admission of evidence on a defense not raised in a motion to dismiss or an answer if 5 Answer to third, (fourth, etc) party complaint
No objection is made - Within 15 days
If there was objection, amendment of answer in order to raise defense. 6 Reply
6 Supplemental Pleadings - Response to answer= within 10 days from service
- Proper in order to allege facts which occurred after the filing of the original pleadings.

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Civil Procedure Summary Reviewer
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- Response to an amended or supplemental answer = within 10 days form notice of - If motion granted = compliance must be within 10 days from notice of order
order - BOP may be filed either in
7 Answer to Supplemental complaint Separate pleading or
- Within 10 days from notice of order admitting the same, unless different period is In an amended pleading
fixed by the court 4 Effect of non-compliance
8 Existing counterclaim or cross-claim - Court may order the striking out of the pleading
- An existing compulsory counterclaim or cross-claim should be included in the answer - Dismiss the case based on non-compliance with a court order
- If not, it shall be barred unless with leave of court it is set up in an amended answer 5 Stay of period to file responsive pleading
before judgment - After service of the bill of particulars, or after notice of denial of ones motion for a bill
9 Counterclaim or cross-claim arising after answer of particulars = within period remaining to which he was entitled at the time of filing
- Instance of a supplemental answer his motion which shall not be less than 5 days in any even counted from service of BOP
- Must be done with leave of court or amended pleading.
10 Omitted counterclaim or cross-claim - Filing of a motion of a BOP suspends running of the period to file an answer or motion
- When a pleader fails to set up counterclaim or cross claim through oversight, to dismiss
inadvertence or excusable neglect or when justice requires, he may by leave of court 6 Bill a part of pleading
set up cc or c-c by amendment before judgment. - Response to answer= within 10 days from service
11 Extension of time to plead - Response to an amended or supplemental answer = within 10 days form notice of
- Filed before the expiration of the time sought to be extended order
- If the last day of the period for filing a pleading falls on a weekend or legal holiday
File next working day Rule 13: Filing and Service of Pleadings, Judgments and other papers
Any extension of time to file the same should be counted from expiration of 1 Coverage
period regardless of fact that said due date is Sat, Sun or Holiday. - Filing of all pleadings and other papers
- Not able to file on time - As well as service
File a motion for leave to file a pleading or motion - Except those which a different mode of service is prescribed
2 Filing and service defined
- Filing presenting the pleading or other paper to clerk of court
- Service providing a party with a copy of the pleading or paper concerned
Rule 12: Bill of Particulars - If party appeared by counsel, service upon the party shall be made upon his counsel
1 When applied for; purpose or one of them
- To prepare for ones responsive pleading when the other party has not averred with - Two attorneys notice of hearing may be made either upon both or upon one of
sufficient definiteness or particularity any matter. them
- Moved for when whats ambiguous are material allegations/essential acts or omissions 3 Manner of filing
- Moved for before responding to a pleading - Personally handling it to clerk of court court shall endorse in thebpelading the date
- To clarify a reply = 10 days from service and hour of filing
- What it should point out? - By registered mail date of the mailing as shown by post office stamp on the
Defects complained of envelope or registry receipt shall be considered as the date of their filing, payment or
Paragraphs wherein they are contained deposit in court. (Proof: registry receipt, affidavit of person mailing, return card)
Details desired - By private courier actual receipt by clerk of court is the date counted for filing
2 Actions by the Court - No filing by ordinary mail no way for court to find out when you filed it.
- Court can deny or grant outright 4 Papers required to be filed and served
- Filed with the court and served upon the parties affected

3 Compliance with order

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Civil Procedure Summary Reviewer
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Judgment - publication
Resolution 10 Completeness of service
Order - if personal service = upon actual delivery
Pleading subsequent to the complaint - ordinary mail = expiration of 10 days after mailing
Written motion - by registered mail = actual receipt by addressee or after 5 days from date he received
Notice first notice of the postmaster
Appearance 11 Priorities in modes of service and filing
Demand - GR: in both filing and service, priority is personal service.
Offer of judgment - Except:
Similar papers papers emanating from court
- Promulgation act of filing the judgment, resolution and order of the court with sufficient explanation by the party, if registered mail
constituted rendition or promulgation 12 Proof of Filing
5 Modes of service - by existence in record of case
- Personally - by personally, by written or stamped acknowledgement of its filing by clerk of court
- By registered mail on a copy of the same
- By ordinary mail - If by registered mail:
- Publication or substitute service Registry receipt
- Service of summons is necessary in order that court may acquire jurisdiction over Affidavit of person who did he mailing containing full statement of important
person of defendant. details
6 Personal service By return card
- By delivering personally a copy to the party or his counsel or 13 Proof of Service
- Leaving it in his officer with his clerk or with a person having charge thereof - Personal service
- If no person is found or office is not known, person of sufficient age and discretion Written admission of party served
residing therein. Affidavit of party serving
7 Service by Mail Official return of server
- By registered mail - Ordinary mail
Depositing copy in post office Affidavit of person mailing of facts showing compliance
In a sealed envelope - Registered mail
Plainly addressed to the party or his counsel at his office or otherwise at his Registry receipt
residence Affidavit of person who did he mailing containing full statement of important
With postage fully prepaid details
With instructions to the postmaster to return the mail to sender after 10 days if By return card
undelivered 14 Notice of lis pendens
- If no registry service in locality ordinary mail - Can be annotated in an action involving right, title or interest over real property
8 Substituted Service - GR: only instances where a notice of lis pendens may be availed are:
- To the clerk of court, with proof of failure of both personal service and service by Action to recover possession of real estate
mail. Action to quiet title thereto
- Service is complete at time of such delivery. Action to remove clouds thereon
- Not applied for judgments, final orders or resolutions. Action for partition
9 Service of judgments, final orders or resolutions Any other proceeding that directly affect the title to the land
- Personally - No application to the ff:
- By registered mail Preliminary attachments
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Civil Procedure Summary Reviewer
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Proceedings for probate of will How can - With leave of court, - By service in person - Sec 15 may be
Levies on execution service of by publication in a outside the country applied, or
Proceedings for administration of estate of deceased person summon be newspaper of WITH leave of court, - Substituted service if
Proceedings in which the only object is recovery of money judgment done? general circulation in or there is impossibility
- Real property must be directly affected places and time as - By Publication in a and there are earnest
- Cancellation of notice court may order. newspaper of general efforts to serve.
Purpose was to molest the other party circulation in places
No need for notice to protect the rights of parties who caused it and time as the court Sec 15 is not
- Contents: may order AND copy mandatory before
Statement of the institution of an action or proceeding of summons and going for
Court where same is pending order of court sent by substituted service
Date of institution registered mail to last
Reference to number of certification of title, description of land and registered known address of
owner defendant.
- Any other manner
Section 14 Section 15 Section 16 court may deem
Service upon defendant Extraterritorial service. Residents temporarily sufficient
whose identity or out of the Philippines. Registered
whereabouts are mail NO YES NO
unknown. Necessary?
When to Defendant is Defendant who does Defendant is a resident Personal No. since you dont
follow/use UNKNOWN or his not reside in the but TEMPORARILY Service know who defendant is NO NO
whereabouts are Philippines AND is not absent from the necessary? or where he is
UNKOWN found here either Philippines Substituted
NO NO YES
What type Any. Whether in rem or Service
of action? in personam
Publication Rule 17: Dismissal of Actions
YES NO NO
required? 1 Dismissal upon Notice by plaintiff
When can - Where defendant is - When defendant - Complaint may be dismissed by plaintiff by filing:
summons by designated as an does not reside and is As a matter of right before service of an answer or before a motion for summary
publication unknown owner, or not found in judgment by mere notice
be done? the like; or Philippines; and As a matter of discretion at any stage of the proceedings other than before
- Where his - Action affects: service of an answer or a motion or summary judgment
whereabouts are - Personal status of - Plaintiff can dismiss an action by notice
unknown and cannot plaintiff, or any time before service of answer
be ascertained by - Property of any time before motion for summary judgment
diligent inquiry defendant in PH is court will issue order confirming dismissal
attached or - effect of dismissal
defendant has case may be re field
actual interest Except: if stated in notice that dismissal with prejudice or two dismissal rule of
over property plaintiff

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2 Dismissal upon motion of plaintiff If no counsel, party
- If there is an answer - Incumbent on lawyer to advise client about scheduled pre-trial and formers failure
Plaintiff can dismiss via a motion can be done at any stage to do so constitutes negligence which binds the latter.
- Counterclaim no dismissal 4 Appearance of parties

- parties and counsel have to be at the pre-trial
3 Dismissal due to fault of plaintiff
- a representative, with SPA, may attend:
- With prejudice if:
enter into amicable settlement
Failure of plaintiff to appear without justifiable cause on date of presentation of
submit alternative modes of dispute resolution
evidence
enter into stipulations or admission of facts and documents
Failure of plaintiff to prosecute his action for unreasonable length of time
Failure of plaintiff to comply with ROC 5 Effect of failure to appear
- Same effect as adjudication upon the merits - plaintiff: case dismissed with prejudice, unless otherwise ordered by the court
- defendant: plaintiff may be allowed to present evidence ex parte.
4 Dismissal of Counterclaim, Cross-claim, or third party complaint
- Provisions of this Rule shall apply to dismissal of CC, C-C, T complaints 6 Pre-trial brief
- Voluntary dismissal made before a responsive pleading or a motion for summary - failure to file pre-trial brief is same as failure to appear at pre-trial.
judgment is served or before introduction of evidence at trial - Parties at least 3 days before pre-trial, their respective briefs containing:
A statement of their willingness to enter into amicable settlement or alternative

modes of dispute resolution, indicating the desired terms thereof;
Rule 18: Pre-Trial
A summary of admitted facts and proposed stipulation of facts;
1 When Conducted
The issues to be tried or resolved;
- After land pleading has been served and filed, it shall be duty of plaintiff to promptly
The documents or exhibits to be presented, stating the purpose thereof;
move ex parte that case be set for pre-trial.
A manifestation of their having availed or their intention to avail themselves of
- Last pleading answer or reply
discovery procedures or referral to commissioners; and
- Must be set within 5 days after last pleading
The number and names of the witnesses, and the substance of their respective
2 Nature and Purpose
testimonies. Failure to file the pre-trial brief shall have the same effect as failure
- Purpose
to appear at the pre-trial.
- Before pre-trial judge will refer parties to the mediation unit If available.
7 Record of pre-trial
- Court shall consider
- Pre-trial order:
The possibility of an amicable settlement or of a submission to alternative
Binds parties
modes of dispute resolution;
Limits the trial to matter not disposed of
The simplification of the issues;
Control course of action during trial
The necessity or desirability of amendments to the pleadings;
- Judge will issue within 10 days from end of pre-trial, or dictate in open court in the
The possibility of obtaining stipulations or admissions of facts and of documents
presence of parties and counsel.
to avoid unnecessary proof;

The limitation of the number of witnesses;
Rule 19: Intervention
The advisability of a preliminary reference of issues to a commissioner;
The propriety of rendering judgment on the pleadings, or summary judgment, or 1 Who may intervene
- Third party takes part in a case between other parties because:
of dismissing the action should a valid ground therefor be found to exist;
The advisability or necessity of suspending the proceedings; and Legal interest
Such other matters as may aid in the prompt disposition of the action. o In the matter in litigation
o In the success of either parties
3 Notice of pre-trial
o Against both
- Served on
Counsel

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Situated as to be adversely affected by a distribution or other disposition of
2 By whom issued
property in custody of court a) the court before whom the witness is required to attend;
- Done with leave of court b) the court of the place where the deposition is to be taken;
- Court will check c) the officer or body authorized by law to do so in connection with investigations
whether or not the intervention will unduly delay or prejudice the adjudication of conducted by said officer or body; or
rights of original parties d) any Justice of the Supreme Court or of the Court of Appeals in any case or
whether or not the intervenors right may be fully protected in a separate investigation pending within the Philippines.
proceeding 3 Form and Contents
2 Time to intervene - Test of relevancy: the things requested must appear prima facie relevant to the issue
- can be done at any time before rendition of judgment by trial court. subject of the controversy
- No intervention after judgment. - Test of definiteness: such must be reasonably described by the parties to be readily
Except if indispensable party identified
- A subpoena shall state the name of the court and the title of the action or

3 Pleadings-in-intervention
investigation, shall be directed to the person whose attendance is required,
- Intervenor shall file a complaint-in-intervention if he asserts a claim against either or all
- A subpoena duces tecum - it shall also contain a reasonable description of the books,
of the original parties or an answer-in-intervention if he asserts a claim against either
documents or things demanded which must appear to the court prima facie relevant.
or all of the original parties
4 Quashing a Subpoena
- Or an answer-in-intervention if he unites with the defending party in resisting a claim
- Grounds for quashing:
against the latter.
Ad testificandum
4 Answer to complaint-in-intervention
o witness not bound thereby
- Shall be filed within 15 days from notice of the order admitting the same, unless a
o witness fees and km allowed by rules not tendered (100km rule)
different period is fixed by the court.
Duces tecum

o unreasonable and oppressive
Rule 20: Calendar of Cases
o relevancy of books documents and things does not appear
1 Calendar of cases o failure to tender costs of production
- Clerk of court under direct supervision of judge shall keep a calendar for pre-trial, for o kilometrage/witness fees not tendered
trial, those whose trials were adjourned or postponed, and those with motions to set o failure to describe with particularity
for hearing. -
- Preference shall be given to habeas corpus cases, election cases, special civil actions
5 Subpeona for depositions
and those required by law
- Proof of service of a notice to take a deposition, as provided in sections 15 and 25 of
2 Assignment of Cases Rule 23, shallconstitute sufficient authorization for the issuance of subpoenas for the
- Done exclusively by raffle persons named in said notice by the clerk of the court of the place in which the
- Assignment shall be done in open session of which adequate notice shall be given so deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum
as to afford interested parties opportunity to be present. to any such person without an order of the court.
6 Service
Rule 21: Subpoena - Service of a subpoena shall be made in the same manner as personal or substituted
1 Subpoena and subpoena duces tecum service of summons. The original shall be exhibited and a copy thereof delivered to
- Subpoena - Process directed to a person requiring him to attend and to testify at the the person on whom it is served, tendering to him the fees for one days attendance
hearing or the trial of an action and the kilometrage allowed by these Rules, except that, when a subpoena is issued
- Subpoena duces tecum - may also require him to bring any books, documents, other by or on behalf of the Republic of the Philippines or an officer or agency thereof, the
things under his control tender need not be made. The service must be made so as to allow the witness a
reasonable time for preparation and travel to the place of attendance. If the
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subpoena is duces tecum, the reasonable cost of producing the books, documents or
things demanded shall also be tendered.
7 Personal appearance in court
- A person present in court before a judicial officer may be required to testify as if he
were in attendance upon a subpoena issued by such court or officer. Rule 23: Deposition Pending Actions
8 Compelling attendance 1 Depositions pending action, when may be taken
- In case of failure of a witness to attend, the court or judge issuing the subpoena, - By leave of court : after jurisdiction over any defendant or property has been
upon proof of the service thereof and of the failure of the witness, may issue a obtained.
warrant to the sheriff of the province, or his deputy, to arrest the witness and bring Deposition of prisoner must be with leave of court
him before the court or officer where his attendance is required, and the cost of such - After an answer as a matter of right : mere notice needed
warrant and seizure of such witness shall be paid by the witness if the court issuing it - Testimony of any person may be taken at the instance of any party
shall determine that his failure to answer the subpoena was willful and without just - Oral examination or written interrogatories
excuse. - Attendance of witness may be compelled by a subpoena
9 Contempt - Non-resident foreign corporations can use depositions for their witnesses abroad.
- Failure by any person without adequate cause to obey a subpoena served upon him 2 Scope of examination
shall be deemed a - Deponent may be examined regarding ANY MATTER
- contempt of the court from which the subpoena is issued. If the subpoena was not Not privileged
issued by a court, the disobedience thereto shall be punished in accordance with the which is relevant to the subject of action
applicable law or Rule. 3 Examination and cross-examination
10 Exceptions - may proceed as permitted at the trial 3 to 18 of rule 132
- The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides 4 Use of depositions
more than one hundred (100) kilometers from his residence to the place where he is - to impeach testimony of witness
to testify by the ordinary course of travel, or to a detention prisoner if no permission - used against adverse party for any purpose
of the court in which his case is pending was obtained. - used in lieu of oral testimony of a witness if the deponent
is dead necessary that he was cross-examined
Rule 22: Computation of Time lives more than 100km from the place of trial or is out of the PH
1 How to compute Time unable to testify or attend due to age, sickness, imprisonment
- In computing any period of time prescribed or allowed by these Rules, or by order of could not be compelled to attend through a subpoena
the court, or by any applicable statute, the day of the act or event from which the exceptional cases
designated period of time begins to run is to be excluded and the date of o GR: you still have to put witness in the stand.
performance included. If the last day of the period, as thus computed, falls on a - adverse party may require party to introduce whole deposition instead of part
Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall 5 Effect of Substitution of parties
not run until the next working day. - Substitution of parties does not affect the right to use depositions previously taken
2 Effect of interruptions - If action dismissed but persistent si Harry, file lang ulit tapos sila sila parin
- Should an act be done which effectively interrupts the running of the period, the all depositions lawfully taken and duly filed in the former action may be used in
allowable period after such interruption shall start to run on the day after notice of the latter as if originally taken therefor
the cessation of the cause thereof. The day of the act that caused the interruption 6 Objections to admissibility
shall be excluded in the computation of the period. - objection may be made at the trial or hearing to receiving in evidence any deposition
or part thereof for any reason which would require the exclusion of the evidence if
the witness were then present and testifying.
7 Effect of taking depositions

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- Party shall not be deemed to make a person his own witness for any purpose by 15 Depositions upon oral examination; notice; time and place
taking his disposition - Party desiring to take the deposition of any person upon oral examination
8 Effect of using depositions Give reasonable notice in writing to every other party to the action
- taking is different from using. o Time and place for taking deposition
- Not compelled to use deposition if ayaw. (walang pilitan) o Name and address of each person to be examined (if known)
If you use a deposition, opposing lawyer can cross-examine on it again. o General description sufficient to identify him or the particular class or group he
- Use deposition of deponent, deponent becomes your witness belongs
Unless for purpose of contradicting or impeaching - Objections to notice must be promptly served in writing upon party giving notice or
9 Rebutting deposition else waived
- After trial or hearing 16 Orders for the protection of parties and deponents
- Any party may rebut any relevant evidence contained in a deposition - After notice is served or Upon motion seasonably made by any party
Whether introduced by him or another party Court may order than deposition shall not be taken or
10 Persons before whom depositions may be taken within the Philippines only at some designated place
- Any judge taken only on written interrogatories
- Notary public certain matters shall not be inquired into
- Person authorized to administer oaths stipulated upon in writing by parties scope of examination shall be held with no one present except parties to action
11 Persons before whom depositions may be taken in foreign countries and counsel
- Secretary of an embassy, consul general, consul, vice-consul or consular agent development or research need not be disclosed
- Before such person or officer as may be appointed by commission or under letter parties shall simultaneously file specified documents or info enclosed in sealed
rogatory or envelopes to be opened as directed by court
- the person authorized to administer oaths stipulated and agreed upon in writing by court may make any other order which justice requires to protect
parties 17 Motion to terminate or limit examination
12 Commission or letters rogatory - oppose taking deposition by
- Commission : issued by court as a directive to an official of the PH, authorizing him to motion by party or person to be examined, and
take deposition of witness for good cause shown
- Letter rogatory : requests to foreign tribunals to give its aid in securing the desired - grounds
information to protect party or witness from annoyance, embarrassment or oppression
- If letters rogatory sent to Boston ignored, deposition was taken in NY rotary, who was or that what is sought is irrelevant in the action
duly certified by PH consul and under PH rules allowed. No consular office in boston 18 Motion to Terminate or limit the examination
and not fault of respondent that letters rogatory was ignored - grounds
13 Disqualification by interest to protect party or witness from annoyance, embarrassment or oppression
- Who are disqualified to be deposition officers? or that what is sought is irrelevant in the action
Sixth degree of consanguinity or affinity from party or employee/counsel of Section 16 Section 18
party Provides protection to party or witness Protection during the taking of
Sixth degree of consanguinity or affinity from counsel or employee of counsel before taking of deposition deposition
One financially interested in the action Filed with the court in which action is May be filed in the court in which action
14 Stipulations regarding taking of depositions pending is pending or
- Parties stipulate in writing RTC of place where deposition is being
Depositions may be taken before any person authorized to administer oaths taken
At any time or place
In accordance with the Rules

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- if RTC terminates examination, it may the amount of the reasonable expenses incurred by him and his counsel in so
be resumed upon order of court attending,
where action is pending including reasonable attorneys fees
25 Deposition upon written interrogatories; service of notice and of interrogatories

19 Submission to witness; changes; singing

- testimony fully transcribed - serve person to be under deposition and upon every other party with a notice
deposition shall be submitted to witness for examination stating the name and address of the person who is to answer them and
read by him the name or descriptive title and address of the officer before whom the
unless examination and reading are waived by witness and parties deposition is to be taken.
- any change which witness desire shall be entered upon deposition by the officer with - Within ten (10) days - a party so served may serve cross-interrogatories upon the
a statement of reasons party proposing to take the deposition.
- shall be signed by the witness - Within five (5) days - the party proposing may serve re-direct interrogatories upon a
unless parties stipulated by waiver of the signing party who has served cross-interrogatories.
witness is ill - Within three (3) days after being served with re-direct interrogatories, a party may
cannot be found serve recross-interrogatories upon the party proposing to take the deposition.
refuses to sign officer will sign instead 26 Officers to take responses and prepare record
20 Certification and filing by officer - Copy of notice and copies of all interrogatories shall be delivered by the party taking
- officer shall certify the deposition that the sections 17, 19, and 20 of this Rule
witness was duly sworn to by him To take the testimony of the witness in response to the interrogatories and
the deposition is a true record of the testimony given by the witness To prepare, certify, and file or mail the deposition
- officer shall o attaching thereto the copy of the notice and interrogatories received by him
securely seal the deposition in an envelope 27 Notice of filing and furnishing copies
indorsed with title of action and - When deposition upon interrogatories is filed, officer taking it shall promptly give
marked Deposition (name of witness) notice to all parties, and may furnish copies to them or to the deponent upon
promptly file it with court in which action is pending or payment of reasonable charges therefor
send by registered mail to clerk 28 Orders for the protection of parties and deponents
21 Notice of filing - After service of interrogatories and prior to the taking of testimony of the deponent
- officer taking deposition shall give notice of filing to parties - Court in which action is pending, on motion promptly made and for good cause, may
22 Furnishing copies make order specified in 15, 16, and 18 which is appropriate and just or an order that
- upon payment of reasonable charges the deposition shall not be taken before the officer designated in the notice or that it
officer shall furnish a copy of deposition to any party or to deponent shall not be taken except upon oral examination
23 Failure to attend of party giving notice 29 Effects of errors and irregularities in depositions
- another attends in person or by counsel pursuant to the notice - GR: objections to errors and irregularities are waivable
the court may order the party giving the notice to pay such other party - Except: objections to the competency or relevancy of evidence during the taking of
the amount of the reasonable expenses incurred by him and his counsel in so the deposition. Not waived unless the ground of objection is one which might have
attending, be obviated or removed if presented at that time.
including reasonable attorneys fees - Errors and irregularities in terms of the preparation are waived unless a motion to
24 Failure of party giving notice to serve subpoena suppress the deposition or some part thereof is made with reasonable promptness
- witness was not able to attend after discovery of the error.
- and another party attends, court may order
party the notice to pay such other party Rule 24: Deposition Before Action or Pending Appeal
1 Deposition before action; petition

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- person who desires to perpetuate his own testimony or that of another person - Appeal has been taken from a judgment of a court or before taking of an appeal if the
- regarding any matter that may be cognizable in any court of the Philippines, time therefor has not expired
- may file a verified petition in the court of the place of the residence of any expected Court in which judgment was rendered may allow taking of depositions of
adverse party. witnesses to perpetuate their testimony for use in even of further proceedings in
2 Contents of petition the court
- that the petitioner expects to be a party to an action in a court of the Philippines but is - Party who desires to perpetuate testimony may make a motion for leave to take
presently unable to bring it or cause it to be brought; depositions
- the subject matter of the expected action and his interest therein; names and addresses of persons to be examined
- the facts which he desires to establish by the proposed testimony and his reasons for substance of testimony which he expects to elicit from each
desiring to perpetuate it; reason for perpetuating testimony
- the names or a description of the persons he expects will be adverse parties and their - if proper to avoid failure or delay of justice may be allowed
addresses so far as known; and
- the names and addresses of the persons to be examined and the substance of the Rule 25: Interrogatories to Parties
testimony which he expects to elicit from each, and shall ask for an order authorizing 1 Interrogatories to parties; service thereof
the petitioner to take the depositions of the persons to be examined named in the - any party desiring to elicit material and relevant facts from any adverse parties shall
petition for the purpose of perpetuating their testimony. file and serve upon latter written interrogatories to be answered by party served or
3 Notice and service - if party served is public or private corp or partnership, by any officer competent to
- petitioner shall serve a notice upon each person named in the petition with copy of testify.
the petition 2 Answer to interrogatories
that petitioner will apply to the court - shall be answered answered fully in writing and shall be signed and sworn to by the
at a time and place named person making them
for the order described in the petition - party upon whom the interrogatories have been served shall file and serve a copy of
- at least 20 days prior to date of hearing the answers on the party submitting the interrogatories within fifteen (15) days after
court shall cause notice to be served on parties and prospective deponents service
4 Order and examination - unless the court extends or shortens the time
- if court is satisfied that perpetuation of testimony may prevent failure or delay of 3 Objections to interrogaries
justice - Objections to any interrogatories may be presented to the court within ten (10) days
make an order designating or describing the persons whose depositions may be after service thereof, with notice as in case of a motion; and answers shall be deferred
taken until the objections are resolved, which shall be at as early a time as is practicable.
specifying subject matter of examination and 4 Number of Interragories
whether deposition shall be oral examination or written interrogatories - No party may, without leave of court, serve more than one set of interrogatories to be
5 Reference to court answered by the same party.
- each reference to court in which action is pending shall be deemed to refer to the 5 Scope and use of interrogatories
court in which the petition for deposition is filed - Interrogatories may relate to any matters that can be inquired into under section 2 of
6 Use of deposition Rule 23, and
- deposition to perpetuate testimony is taken under this rule or - the answers may be used for the same purposes provided in section 4
- if it would be admissible in evidence 6 Effect of failure to serve written interrogatories
- may be used in any action involving the same subject matter - Unless thereafter allowed by the court
- Depositions before actions : perpetuation of testimony - for good cause shown and to prevent a failure of justice,
- Where to file? place where expected adverse party resides. - a party not served with written interrogatories may not be compelled by the adverse
7 Depositions pending appeal party to give testimony in open court, or to give a deposition pending appeal.

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- The court may allow the party making an admission under this Rule, whether express
Rule 23 Rule 25 or implied, to withdraw or amend it upon such terms as may be just.
To parties or witnesses, any 5 Effect of failure to file and serve request for admission
To whom? To parties, always and only to parties
person! - You wont be allowed to present evidence on such facts
How must
questions Direct, cross, re-direct and re- Its just one set of questions to be answered Rule 27: Production or Inspection of Docments or Things
be cross by the other party 1 Motion for production or inspection; order
answered? - Court may:
Time to Time to answer Time to answer production and permission to inspect documents, papers, objects, other tangible
answer things
No fixed No fixed time to answer No fixed time to answer (depends on the Permit entry into a place under control of the other party and allow inspections
time to (depends on the officer officer taking the deposition) - Documents to be produced should be described with particularity
answer taking the deposition) - Documents should
(depends on Not be privileged
the officer Contain evidence material to any matter involved in the action
taking the Documents are in possession, custody or control of other party
deposition) - answer should be under oath

Rule 28: Physical and Mental Examination of Persons
1 Examination may be ordered
Rule 26: Admission by Adverse Party - when mental or physical condition of party is in controversy
1 Request for admission - upon courts discretion
- after answer is filed 2 Order for examination
- Request, what do you want? - made only on motion
Genuineness of any material/relevant document - for good cause shown
o Not the contents of the document, just genuineness - upon notice to the party to be examined and to all other parties
o Party requesting must attach document - shall specify time, place, manner, conditions and scope of examination
Truth of any material or relevant matter - person/s by whom it is to be made
- Who to address? adverse party not counsel 3 Report of findings (requested by party examined)
- 15 days to answer - if requesting party refuses and his physicians were allowed to testify, their
- 15 days to oppose testimonies can be excluded
- answer should be under oath - doctor-patient privilege applies to civil cases only.
2 Implied admission 4 Waiver of privilege
- failure to answer or oppose = deemed admitted - consequence if copy of examination is given to requesting party
3 Effect of Admission waive the privilege
- Any admission made by a party pursuant to such request is for the purpose of the because request, the other party can now also ask for previous or subsequent
pending action only examination
- and shall not constitute an admission by him for any other purpose nor may the same
be used against him in any other proceeding. (29 to 30 and JAR refer to separate document)
4 Withdrawal (Jar jar refer to SW)

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Rule 31: Consolidation or Severance - Commissioner may proceed ex parte or
1 Consolidation - In his discretion, adjourn the proceedings to a future day
- actions involving question of law or fact are pending before court Give notice to absent party or his counsel
- it may order a joint hearing or trial of any or all matters in issue in the actions 7 Refusal of witness
- it may order all actions consolidated - To obey subpoena or give evidence deemed contempt of court
- it may make such orders concerning proceedings therein as may tend to avoid 8 Commissioner shall avoid delays
unnecessary delay or costs - Proceed with all reasonable diligence
- Where? court with lowest docket number - Either party may apply to court requiring commissioner to expedite proceedings
- Consolidation can be done in cases filed in different judicial regions 9 Report of Commissioner
- NEVER a remedy for forum shopping - Upon completion of trial or hearing,
2 Separate trials - Commissioner shall file with the court his report in writing upon matters submitted to
- In furtherance of convenience or to avoid prejudice him by order of reference.
- Court may order separate trial based on claims - If powers are not specified or limited set forth findings of fact and conclusions of
law
Rule 32: Trial by Commissioner - Attach all exhibits, affidavits, depositions, papers and transcript of the testimonial
1 Reference by consent evidence presented before him
- Court may order any or all of issued in case be referred to a commissioner to be 10 Notice to parties of filing of report
agreed upon by parties. - Upon filing of report, parties shall by notified by clerk of court
- Commissioner : referee, auditor, examiner - Parties be allowed within 10 days to signify ground of objections to findings of report
2 Reference ordered on motion - Objections not considered:
- Parties do not consent, court may upon application of either or of its own motion, Based on grounds available to parties during proceedings
direct a reference to a commission in the ff cases: 11 Hearing upon report
Case requires examination of a long account - Upon expiration of 10 days, report shall be set for hearing
Taking of account is necessary for courts information for it to render - Court can either
judgment/execute judgment adopt, modify or reject the commissioners report in whole or in part,
There is question of fact other than upon pleadings, arising from motion recommit it with instructions, or
3 Order of reference; power of commissioner require parties to present further evidence before the commissioner or the
- Order of reference outlines powers of commissioner court.
- He may issue subpoenas and subpoenas duces tecum, swear witnesses, and rule on 12 Stipulations as to findings
admissibility of evidence - When the parties stipulate that a commissioners findings of fact shall be final, only
- Trial and hearing before him shall proceed in all respect as it would be held before the questions of law shall thereafter be considered.
court. 13 Compensation of commissioner
4 Oath of Commissioner - The court shall allow the commissioner such reasonable compensation as the
- Before entering upon his duties the commissioner shall be sworn to a faithful and circumstances of the case warrant, to be taxed as costs against the defeated party, or
honest performance thereof. apportioned, as justice requires.
5 Proceedings before commissioner
- Upon receipt of order or reference commissioner shall (33 to 39 : see separate file)
Set a time and place for the first meeting of parties or their counsel
Within 10 days after date of order of reference
Notify the parties or their counsel
6 Failure of parties to appear before commissioner

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FLOW CHART


complaint
Rules 2,3,4




Rules 12, 13, 14,
summons/ motions for bill of
15, 16
particulars/ motion to dismiss


Rules 6, 7, 8, 9, 11 Answer/Default

Intervention (Rule 19)

10 - - - -




Rule 17 (D)
Dismissal Pre-trial
Rules 18 -29 (P)



Trial
Rules 30 - 33



Rules 34 - 36 Judgment




Rules 37 -38 Post Judgment Remedies



Execution & Satisfaction of
Judgments

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