Reviewer in Civil Procedure - baixardoc

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ATENEO CENTRAL BAR OPERATIONS 2007

Re me dia l Law

SUMMER REVIEWER

—Advise rs: Atty. Tranquil Sa lvador III; He a d : Mary Elizabe th M. Be lmonte , Re ne e Lynn C. Mic iano, Ma . Ce c illia G.

Natividad; Und e rstud ie s: Ne liza Mac apayag , Be njamin C. Yan—

CIVIL PROCEDURE

RULE 1

GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations:

1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases;

2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify

substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed

ACTION CLAIM

An ordinary suit in a court of justice.

A right possessed by one against another.

One party prosecutes another for the enforcement or protection of a right or the prevention or redress of a wrong.

The moment said claim is filed before a court, the claim is converted into an action or suit.

APPLICABILITY: 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. 2. Criminal Action – one by which the Stake prosecutes a person for an act or omission punishable by law.

3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a particular fact. CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY CIVIL ACTION

SPECIAL CIVIL ACTION

Governed by ordinary rules.

Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71).

Formal demand of one’s legal rights in a court of justice in the manner prescribed by the court for by the law.

Special features not found in ordinary civil actions.

(B) As to object ACTION IN REM

ACTION IN PERSONAM

ACTION QUASI IN REM

Direct against the thing itself.

Directed against particular persona

Directed against particular persons.

Jurisdiction over the person of the defendant is NOT required.

Jurisdiction over the person of the defendant IS required.

Jurisdiction over the person of the defendant is NOT required as long as jurisdiction over the res is acquired.

A proceeding to determine the state or condition of a thing.

An action to impose a responsibility or liability upon a person directly.

A proceeding to subject the interest of a named defendant over a particular property to an obligation or lien burdening it.

Judgment is binding on the whole world.

Judgment is binding only upon parties impleaded or their successors in interest.

Judgment binding upon particular persons.

Ex. Probate proceeding; cadastral proceeding.

Ex. Action for specific performance; action for breach of contract.

Ex. An action for partition; action to foreclose real estate mortgage.

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The distinction is important in determining whether or not jurisdiction over the persons of the defendant is required. (C) As to cause

REAL ACTION PERSONAL ACTION

MIXED ACTION

Ownership or possession of real property is involved.

Personal property is sought to be recovered or where damages for breach of contract are sought.

Both real and personal properties are involved.

Founded on privity of real estate.

Founded on privity of contract.

Founded on both.

Filed in the court where the property or any part thereof is situated

Filed in the court where the plaintiff or any of the defendants resides, at the option of the plaintiff

The rules on venue of real actions shall govern.

Ex. Accion reinvidicatoria

Ex. Action for a sum of money.

Ex. Accion publicana with a claim for damages

The distinction is significant in determining the venue of an action. (D)As to place of filing

LOCAL ACTION TRANSITORY ACTION

Must be brought in a particular place where the subject property is located, unless there is an agreement to the contrary (Section 4, Rule 4).

Dependent on the placewhere the party residesregardless of where thecause of action arose subjecto Section 4, Rule 4.

Ex. Action to recover real property.

Ex. Action to recover sum of money

Section 4. In what cases not applicable NOT APPLICABLE TO:

1. Election Cases; 2. Land registration/cadastral cases; 3. Naturalization; 4. Insolvency proceedings; 5. Other cases not provided in the Rules of Court.

The Rules of Court are applicable by analogy or in a suppletory character and whenever practicable and convenient. Section 5. Commencement of action A civil action is commencement by: 1. The FILING OF THE COMPLAINT (when an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such LATER PLEADING); and

Cabrera v. Tiano 8 SCRA 54 (1963) Civil actions are deemed commenced from the

date of the filing and docketing of the complaint, without taking into account the issuance and service of summons

2. The PAYMENT OF DOCKET FEES (determined not only in the amount of the claim but also by the amount of damages). NOTE: The amount of damages should be specified not only in the body of pleading but also in the prayer. The court may allow the payment of the deficient docket fee within a reasonable period but not beyond the applicable prescriptive or reglementary period. An action can be commenced by filing the complaint by registered mail. In which case, it is the date of mailing that is considered as the date of filing and not the date of the receipt thereof by the clerk of court. Section 6. Construction GENERAL RULE: Liberal construction EXCEPTIONS:

1. reglementary periods; 2. rule on forum shopping.

RULE 2 CAUSE OF ACTION

Section 1. Ordinary Civil Actions, basis of Section 2. Cause of action defined

CAUSE OF ACTION – is the act or omission by which a party violates the right of another.

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The essential requisite of a cause of action 1. LEGAL RIGHT of the plaintiff. 2. CORRELATIVE OBLIGATION of the

defendant to respect plaintiff’s right; and 3. Act or omission of the defendant in

VIOLATION of the plaintiff’s legal right. RIGHT OF ACTION – right of a person to bring and prosecute action to obtain judgment. The essential requisites of a right of action:

1. There must be a GOOD CAUSE; 2. Compliance with all the CONDITONS

PRECEDENT; and 3. Action, must be instituted by the

PROPER PARTY.

CAUSE OF ACTION RIGHT OF ACTION

Delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff.

Remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him.

The reason for the action.

The remedy or means afforded or the consequent relief.

The formal statement of the operative facts that gives rise to remedial right.

The remedial right given to a person because of the occurrence of the alleged facts.

A matter of procedure and depends on the pleadings filed by the parties.

A matter of right and depends on substantive law.

Not affected by affirmative defenses (fraud, prescription, estoppel, etc.).

Affected by affirmative defenses.

RELIEF REMEDY SUBJECT MATTER

The redress, protection, award or coercive measure which the plaintiff prays the court to render in his favor as consequence of the delict committed by the defendant.

The procedure or appropriate legal form of relief of action which may be availed of by the plaintiff as the means to obtain the desired relief.

The thing wrongful act, contractor property which is directly involved in the action, concerning which the wrong has been done and with respect to which the controversy has arisen.

Section 3. One suit for a single cause of action

Section 4. Splitting a cause of action, effect of SPLITTING OF CAUSE OF ACTION – is the act of dividing a single or indivisible cause of action into several parts or claims and bringing several actions thereon. It is NOT ALLOWED.

PURPOSE: To avoid multiplicity of suits and

unnecessary vexation and harassment of defendants. Applies NOT only to complaints but also to

counterclaims and cross-claims. Remedies against splitting a single cause of

action:

A. Motion to dismiss on the ground of: 1. Litis pendentia (Rule 16, Section 1 [e]); or 2. Res judicata (Rule 16, Section 1 [f]).

B. An answer alleging either as affirmative defense. (Rule 16, Section 6)

GENERAL RULE: A contract embraces only one cause of action even if it contains several stipulations.

EXCEPTION: A contract to do several things at several times is divisible, and judgment for a single breach of a continuing contract is not a bar to a suit for a subsequent breach. (e.g., promissory not payable in several installments so long as there is no acceleration clause)

Blossom & Co. v. Manila Gas Corp., 55 Phil.226 (1930) DOCTRINE OF ANTICIPATORY BREACH

An UNQUALIFIED and POSITIVE REFUSAL to perform a contract, though the performance thereof is not yet due, may, if the renunciation goes into the whole contract, be treated as a complete breach which will entitle the injured party to bring his action at once.

Section 5. Joinder of causes of action

Joinder of causes of action is purely permissive. The plaintiff can always file separate actions for each cause of action.

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REQUISITES FOR JOINDER OF CAUSES OF ACTION:

1. The party joining the causes of action must comply with the rules on joinder of parties.

2. The joinder shall not include special and actions or actions governed by special rules.

3. Where the causes of action are between the same parties but pertain to different venues or jurisdiction is with the Regional Trial Court, provided that:

a. One of the causes of action falls within the jurisdiction of the RTC; and

b. venue lies thereon. 4. Where the claims in the causes of action are

principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (Totality Rule)

NOTE: The following are the elements for a

joinder of parties (Section 5, Rule 3); - A right to relief in respect to or arising out of the

same transaction or series of transaction and - A common question of law

TOTALITY RULE UNDER BP129 [Section 33(1)] Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all causes of action, irrespective of whether the causes of action arose out of the same or different transaction.

NOTE: We will follow the totality rule in BP 129 because it is elementary in statutory construction that in case of conflict, substantive law prevails over procedural laws.

SPLITTING OF A CAUSE OF ACTION

JOINDER OF CAUSES OF ACTION

There is a single cause of action.

Contemplate several causes of action.

PROHIBITED. It causes multiplicity of suits and double vexation on the part of the defendant

ENCOURAGED. It minimizes multiplicity of suits and inconvenience on the parties.

Section 6. Misjoinder of causes of action

Not a ground for dismissal of an action. A misjoined

case of action may be severed and proceeded with separately.

There is no sanction against non-joinder of separate causes of action since a plaintiff needs only a single cause of action to maintain an action.

RULE 3 PARTIES TO CIVIL ACTIONS

Section 1. Who may be parties; plaintiff and defendant

PARTIES TO A CIVIL ACTION

1. A natural person 2. A juridical person; or 3. An entity authorized by law.

PLAINTIFF – one having an interest in the matter of the action or in obtaining the relief demanded. DEFENDANT - one claiming an interest in the controversy or the subject thereof adverse to the plaintiff. The term defendant may include:

1. An unwilling plaintiff or one who should be joined as plaintiff but refuses to give his consent thereto (Section 10, Rule 3);

2. The original plaintiff becoming a defendant to original defendant’s counterclaim; and

3. One necessary to a complete determination or settlement of the questions involved therein:

Section 2. Parties in interest REAL PARTY IN INTEREST – the party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit.

INDISPENSABLE

PARTIES

NECESSARY PARTIES

Must be joined under any and all conditions, their presence being a sine qua non for the exercise of judicial power.

Should be joined whenever possible, the action can proceed even in their absence.

No valid judgment if indispensable party is not joined.

The case may be determined in court but the judgment therein will not resolve the entire controversy if a necessary party is not joined.

They are those with such an interest in the

They are those whose presence is necessary to

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controversy that a final would necessarily affect their rights so that the court cannot proceed without their presence.

adjudicate the whole controversy but whose interests are so far separable that a final decree can be made in their absence without affecting them.

Tuason v. Bolanos 95 Phil 06 (1954) Section 2, Rule 3 of the Rules of Court requires

that an action must be brought in the name but not necessarily by the real party in interest. In fact, the practice is for an attorney in fact to bring the action, i.e., to file the complaint in the name of the plaintiff.

CLASSIFICATION OF PARTIES IN INTEREST:

1. Indispensable parties-those without whom and final determination can be had of an action (must be joined under all conditions).

2. Necessary (or proper) parties – those who

are not indispensable but ought to be joined as parties if complete relief is to be accorded as to those already parties, of for a complete determination or settlement of the claim subject of the action (may or may not be joined)

3. Representative parties – those acting in

fiduciary capacity such as trustees, guardians, executors, or administrators. The beneficiary shall be included in the title of the case and shall be deemed to be real part in interest.

4. Pro forma parties- those who are required to

be joined as co-parties in suits by or against another party as may be provided by the applicable substantive law or procedural rule such as in the case of spouses under Section 4.

5. Quasi parties – those in whose behalf a class

or representative suit is brought. Section 3. Representative as parties

Section 4. Spouses as parties Section 5. Minor or incompetent Under the present rules, a suit may be brought by or against a minor or incompetent but with the assistance of his parents or his guardian. A person NEED NOT be judicially declared incompetent, it

being sufficient that his incompetency be alleged in the corresponding pleadings. Section 6. Permissive joinder of parties PERMISSIVE JOINDER - the rule on permissive joinder of parties is that they can be joined in one single complaint or may themselves maintain or be sued in separate suits. Requisites of permissive joinder of parties:

1. Right to relief arises out of the same transaction or series of transactions;

2. There is a question of law or fact common to all the plaintiffs or defendants; and

3. Such joinder is not otherwise prescribed by the provisions of the rules on jurisdiction and venue.

SERIES OF TRANSACTIONS – transactions connected with the same subject matter of the suit. Section 7. Compulsory joinder of Indispensable parties Section 8. Necessary party JOINT DEBTORS – indispensable party in a suit against him but necessary party in a suit against his co-debtor. Section 9. Non-joinder of necessary parties to be pleaded Duty of a pleader whenever a necessary party is not joined or impleaded:

1. State the name of the necessary party, if known; and

2. State why said necessary arty is omitted in the pleading

Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained by ordering plaintiff to file an amended complaint impleading the necessary party therein as co-defendant. NOTE: The failure to comply with the court’s order to include or join a necessary party without justifiable cause shall be deemed a waiver of the claim against such party. Section 10. Unwilling co-plaintiff

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If the consent of any party who should be joined as plaintiff can not be obtained, he may be made a defendant and the reason therefore shall be stated in the complaint. Section 11. Misjoinder and non-joinder of parties Neither misjoinder nor non-joinder of parties is a ground for dismissal of the action NOTE: Objections to defects in parties should be made at the earliest opportunity, i.e., the moment such defect becomes apparent, by a MOTION TO STRIKE THE NAMES OF THE PARTIES impleaded. Objections to misjoinder cannot be raised for the first time on appeal. The non joinder of an indispensable or a necessary party is not by itself ipso facto a ground for the dismissal of the action. The court should order the joinder of such party and non compliance with the said order would be a ground to the dismissal of the action (Feria, 2001). Section 12. Class suit CLASS SUIT An action where one or more may sue for the benefit of all, implying that if the parties are numerous and it is impracticable to bring them to court, one or more may sue for their benefit. NOTE: An action does not become a class suit merely because it is designated as such in the pleadings. Whether the suit is or is not a class suit depends upon the attending facts. REQUISITES OF A CLASS SUIT: 1. Subject matter of the controversy is one of

common or GENERAL INTEREST to many persons;

2. The persons are so NUMEROUS that it is impracticable to join them all as parties; and

3. Parties bringing the class suit are SUFFICIENTLY NUMEROUS AND REPRESENTATIVE of the class and can fully protect the interests of all concerned;

4. The representative sues or defends for the benefit of all.

NOTE: Any party in interest shall have the right to intervene to protect his individual interest. (This is an instance when a person may intervene as a matter of right.)

CLASS SUIT PERMISSIVE JOINDER OF PARTIES

There is one single action pertaining to numerous persons. Community of interests.

There are multiple causes of action separately belonging to several perons.

Section 13. Alternative Defendants Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any OR all of them in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other. Section 14. Unknown identity or name of defendant REQUISITES: 1. There is a defendant 2. His identity or name is unknown; 3. Fictitious name may be used because of

ignorance of defendant’s true name an said ignorance is alleged in the complaint;

4. Identifying description may be used; sued as unknown owner, heir, devisee, or other designation;

5. Amendment to the pleading when identify of true name is discovered; and

6. Defendant is the defendant being sued, not a mere additional defendant.

NOTE: Service of summons upon a defendant whose identify is unknown may be made by publication in a newspaper of general circulation in accordance with Section 14of Rule 14. The action must however be converted into an action in rem or quasi by attaching the defendant’s property in the Philippines. Section 15. Entity without juridical personality as defendant REQUISITES: 1. There are two or more persons not organized as

a juridical entity; 2. They enter into a transaction; and 3. A wrong or delict is committed against a third

person in the course of such transaction. NOTE: Persons associated in an entity without juridical personality may be sued under the name by which they are generally or commonly known, but they cannot sue under such name. The service of summons may be effected upon all the defendants by serving upon any of them, or upon the





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person in charge of the office or place of business maintained under such name (Sec. 8, Rule 14). INSTANCES WHERE SUBSTITUTION OF PARTIES IS PROPER: A. Section 16. Death of party; duty of counsel This provision applies where the claim is NOT thereby extinguished as in cases involving property and property rights such as:

1. Recovery of real and personal property against the estate;

2. Enforcement of client on such properties and; 3. Recover for an injury to person or property by

reason of tort or delict committed by the deceased.

In this case, the heirs will be substituted for the deceased OR if no legal representative is named then the court will order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased. In case of minor heirs, the court may appoint a guardian ad litem for them. The substitute defendant need not be summoned. The ORDER OF SUBSTITUTION shall be served upon the parties substituted for the court to acquire jurisdiction over the substitute party.

B. Section 17. Death or separation of a party who is a public officer REQUISITES: 1. Public officer is a PARTY TO AN ACTION in his

official capacity; 2. During the pendency of the action, he either

DIES, RESIGNS, OR OTHERWISE CEASES to hold office;

3. It is satisfactorily shown to the court by any party, within 30 days after the successor takes office, the there is a SUBSTANTIAL NEED for continuing or maintaining the action;

4. That the successor ADOPTS ORCONTINUES OR THREATENS TO ADOPT OR CONTINUE the action of his predecessor; and

5. The party or officer affected has been given REASONABLE NOTICE of the application therefore and accorded an opportunity to be heard.

C. Section 18. Incompetency or Incapacity In case a party becomes incompetent or incapacitated, the action survives and may be continued by against the incompetent incapacitated assisted by his legal guardian or guardian ad litem who is his legal representative. D. Section 19. Transfer of Interest NOTE: The transfer of interest that is obviously referred to in this section is a transfer that occurs during the pendency of the action. The transferor would no longer be the real party in interest if the transfer is made before the commencement of the suit. GENERAL RULE: The rule does not consider the transferee an indispensable party. Hence, the action may proceed without the need to implead him. EXCEPTION: When the substitution by or joinder of the transferee is ordered by court. The case will be dismissed if the interest of plaintiff is transferred to defendant UNLESS there are several plaintiffs, in which case, the remaining plaintiffs can processed with their own cause of action. Section 20. Action on contractual money claims REQUISITES 1. The action must primarily be for RECOVERY OF

MONEY, DEBT, OR INTEREST thereon; 2. The claim, subject of the action, AROSE FROM

CONTRACT, express or implied; and 3. Defendant dies BEFORE THE ENTRY OF

FINAL JUDGMENT in the court in which the action was pending

NOTE: Under this section, the death of the defendant will not result in the dismissal of the action. The deceased shall be substituted by his legal representatives in the manner provided for in Section 16 of Rule 3 and the action continues until the entry of final judgment. However, execution shall not issue in favor of the winning party. It should be filed as a claim against the estate of the decedent without need of proving the claim. Section 21. Indigent party




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Indigent – one who has no money or property sufficient and available for food, shelter, and basic necessities. He need not be a pauper to entitle him to litigate in forma pauperis While the authority to litigate as an indigent party may be granted upon an ex parte application and hearing, it may be contested by the adverse party at any time before judgment is rendered. If one is authorized to litigate as an indigent, such authority shall include: 1. An exemption from the payment of docket fees; 2. An exemption from the payment of transcript of

stenographic notes.

Section 22. Notice to the Solicitor General

RULE 4 VENUE OF ACTIONS

VENUE – the place trial or geographical location in which an action or proceeding should be brought.

VENUE JURISDICTION

Place where the action is instituted.

Power of the court to hear and decide a case.

Maybe waived Jurisdiction over the subject matter over the nature of the action is conferred by law and cannot be waived.

Procedural. Substantive.

May be changed by the written agreement of the parties.

Cannot be the subject of the agreement of the parties.

The rule on VENUE IS NOT APPLICABLE in cases: 1. Where a specific rule or law provides otherwise

(i.e. an action for damages arising from libel); or 2. The parties have validly agreed in writing before

the filing of the action in the exclusive venue thereof (Section 4).

REQUISITES FOR VENUE TO BE EXCLUSIVE: 1. A valid written agreement; 2. Executed by the parties before the filing of the

action; and 3. Exclusive nature of the venue.

Polytrade Corp. v. Banco 30 SCRA 187 (1969)

In the absence of qualifying or restrictive words, venue stipulation is merely permissive meaning that the stipulated venue is in addition to the venue provided for in the rules. Examples of qualifying or restrictive words: ‘’Only’’ ‘’Solely’’ ‘’Exclusively in this court’’

Section 1. Venue of real actions The venue is the place where the real property or any portion thereof is located. If property is located at the boundaries of two places: File case in either place at the option of the plaintiff. If case involves two properties located in two different places: 1. if the properties are the object of the same

transaction, file it in any of the two places; 2. If they are the subjects of two distinct

transactions, separate actions should be filed in each place unless property joined.

Section 2. Venue of personal actions

Raymond v. Court of Appeals 166 SCRA 50 (1988) RESIDENCE –should be viewed or understood in

its popular sense, meaning the personal, actual, or physical habitation of a person, actual residence or place of abode.

VENUE OF PERSONAL ACTIONS: 1. Where the plaintiff or any of the principal

plaintiffs resides; 2. Were the defendant or any of the principal

defendants resides; or 3. In the case of a non-resident defendant, the

action may be brought in the place where he may be found. NOTE: ALL AT THE ELECTION OF THE PLAINTIFF.

Means of waiving venue: 1. Failure to object via motion to dismiss; 2. Affirmative relief sought in the court where the

case is filed; 3. Voluntary submission to the court where the

case is filed; or 4. Laches.

Section 3. Venue of actions against non-residents





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1. NON-RESIDENT FOUND IN THE PHILIPPINES-

a. for personal actions – where the plaintiff resides; and

b. for real actions – where the property is located.

2. NON-RESIDENT NOT FOUND IN THE

PHILIPPINES – An action may be filed only when the case involves: a. Personal status of plaintiff – venue:

where plaintiff resides; b. Any property of said defendant

located in the Philippines – venue: where the property or any portion thereof is situated or found.

The Supreme Court has the power to order a change of venue to prevent miscarriage of justice.

Dacoycoy v. IAC 195 SCRA 641 (1991) The Court may not motu proprio dismiss a

complaint on the ground of improper venue. (). An exception is provided in Section 4 of the Rule on summary Procedure.

Section 4. When Rule not applicable

RULE 5 UNIFORM PROCEDURE IN TRIAL COURT

Section 1. Uniform Procedure The procedure in the MTC shall be the dame as in the RTC, except:

1. where a particular provision expressly or impliedly applies only to either of said courts or;

2. in civil cases governed by the Rule on Summary Procedure

Section 2. Meaning of terms

RULES ON SUMMARY PROCEDURE SUMMARY PROCEDURE IN CIVIL CASES

Filing of verified complaint

with the MTC

Court may dismiss the case

outright Court may summon the

defendant

Within 10 days from receipt

of summons defendant

answers incorporating

compulsory counterclaims

or crossclaim & serves a

copy on plaintiff

If Defendant fails to answer

in 10 days—the court motu

propio or on plaintiffs own

motion, may render

judgment based on facts

alleged in the complaint

without prejudice to RULE

9 Sec 3 (c)

Answer to counterclaim and

crossclaim within 10 days

Preliminary conference

within 30 days after last

answer is filed

If plaintiff fails to appear n

preliminary conference,

complaint may be dismissed.

Defendant entitle to decision

based on his counterclaim. All

crossclaim dismissed

Within 5 days after

conference, court issues

record of preliminary

conference

Within 10 days from receipt

of order submission by the

parties of affidavits and

position papers

If sole defendant fails to

appear, plaintiff entitled to

judgment based on

complaint and what is

proved therein

Rendition of judgment

within 30 days from receipt

of last affidavit or within 15

days after last clarificatory

paper




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PROHIBITED PLEADINGS / MOTIONS UNDER THE RULE ON SUMMARY PROCEDURE

1. Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter or failure to comply with prior barangay conciliation (referral to the Lupon);

2. Motion for a bill of particulars; 3. Motion for a new trial or for reconsideration of

a judgment or for reopening of trial; 4. Petition for relief from judgment; 5. Motion for extension of time to file pleadings,

affidavits, or any other paper; 6. Memorandum; 7. Petition for certiorari, mandamus, or

prohibition against any interlocutory order issued by the court;

8. Motion to declare defendant in default; 9. Dilatory motions for postponement; 10. Reply; 11. Third party complaints; 12. Interventions.

The filing of a prohibited pleading will not suspend the period to file an answer or to appeal

Heirs of Olivas v. Flor 161 SCRA 393 (1988) Although a motion to dismiss is a prohibited

pleading, its filing after the answer had already been submitted does not constitute a pleading prohibited by the summary rules. What the rules proscribe is a motion to dismiss that would stop the running of the period to file an answer and cause undue delay.

NOTE: While a motion to declare the defendant in default is prohibited by the rules on summary procedure, the plaintiff may nevertheless file a motion to render judgment as may be warranted when the defendant fails to file an answer. The issuance of the pre-trial order is an important part of the summary procedure because it is its receipt by the parties that begins the ten0day period to submit the affidavits and other evidence. TRIAL PROCEDURE IN CIVIL CASES No testimonial evidence is required nor cross examination of witnesses allowed. All that is required is that within (10) days from receipt by the parties of the court’s pre-trial order, they shall submit:

1. The affidavits of their witnesses; and 2. Other evidence on the factual issues set

forth in the pre-trial order, together with

their position papers setting forth the law and the facts relied upon by them.

Judgments of inferior courts in cases governed by summary procedure are applicable to the RTC. The decision of the RTC (on appeal) in civil cases under this rule, including ejectment cases, are IMMEDIATELY EXECUTORY. KATARUNGANG PAMBARANGAY LAW (Title One, Book III, RA 7160) No complaint petition, action, or proceeding involving any matter within the authority of the lupon shall be fired or instituted directly in court or any other government office for adjudication UNLESS

1. There has been CONFRONTATION BETWEEN THE PARTIES before the lupon chairman or pangkat; and

2. That no conciliation or settlement has been reached OR unless the settlement has been repudiated by the parties thereto.

CASES NOT COVERED BY THE KATARUNGANG PAMBARANGAY LAW (SUBSTANTIVE EXCEPTIONS):

1. Where one party is the government or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the disputer relates to the performance of his official functions;

3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000.00;

4. Offenses where there is no private offended party (i.e. genocide);

5. Where the dispute involves real properties located indifferent cities or municipalities UNLESS the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

6. Disputes involving parties who actually reside in barangays of different cities or municipalities, EXCEPT:

a. where such barangay units adjoin each other; and

b. the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

7. Such other classes of disputes which the President may determine in the interest of justice;

8. The court may, at any time before trial, motu proprio refer the case concerned to the lupon for amicable settlement, non criminal cases

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