Rule 1  General Provisions the jurisdiction of the RTC and the

1.  Civil action  – one by which a party venue lies therein;

sues another for the enforcement or
3.   Where the claims in all the causes of
protection of a right, or the prevention or
redress of a wrong; may be ordinary or action are principally for recovery of
money, the aggregate amount claimed
special
      Criminal action  – one by which the shall be the test of jurisdiction.
state prosecutes a person for an act or 4.   Misjoinder of causes of action NOT
omission punishable by law
a ground for dismissal; the action may,
      Special proceeding – remedy by on motion or motu proprio, be severed
which a party seeks tpo establish a
and proceeded with separately.
status, a right, or a particular fact Rule 3  Parties to Civil Actions
2.  Rules of Court shall NOT be
applicable to the following, except by 1.   Claims that Survive the Death of a
analogy or in a suppletory character, Party:
and whenever practicable and
convenient 1. Actions to recover real and
1. Election cases; personal property against the
2. Land registration; estate;
3. Cadastral proceedings; 2. Actions to enforce liens thereon;
4. Naturalization proceedings; and 3. Actions to recover for injury to
5. Insolvency proceedings persons or property by reason of
Rule 2  Cause of Action tort;
1.   Cause of action – an act or omission 4. Actions to recover money arising
by which a party violates the right of from contract, express or implied.
another
2.  Death of defendant in action on
2.   Requisites of Joinder of Causes of contractual money claims before
Action: judgment of RTC NOT ground for
dismissal.  Action continues until entry of
1. The party joining the causes of final judgment.  Any judgment against
action shall comply with the rules estate of deceased will be enforced as
on joinder of parties; money claim.  Writ of preliminary
2. The joinder shall NOT include attachment, if any, not dissolved.
special civil action or actions
governed by special rules; 3.  Requisites of Permissive Joinder of
3. Where the causes of action are Parties:
between the same parties but
pertain to different venues or 1. Right to relief arises out of the
jurisdiction, the joinder may be same transaction or series of
allowed in the RTC provided one transactions, whether jointly,
of the causes of action falls within severally, or in the alternative;
 2. There is a question of law or fact 3.   Venue of personal actions –
common to all the plaintiffs and where the plaintiff or any of the principal
defendants; plaintiffs resides, or where the
3. Such joinder is not otherwise defendant or any of the principal
proscribed by the provisions of the defendants resides, or in the case of a
Rules on jurisdiction and venue.
non-resident defendant where he may
4. Requisites of a Class Suit: be found, at the election of the plaintiff.
NOTE:    “residence” means place
1. Subject matter of the controversy where party actually resides at time of
is one of common or general action; does NOT mean permanent
interest to many persons; home or domicile.
2. Parties affected are so numerous
that it is impracticable to bring 4.   Action against non-resident not
them all to the court; found in the Philippines
3. Parties bringing the class suit are
sufficiently numerous or 1. Action Affects the Plaintiff’s
representative of the class and Personal Status – in the court of
have the legal capacity to file the the place where the plaintiff
action. resides.
2. Action Affects Any Property of the
5.   Transfer of Interest Defendant in the Philippines –
where the property or any portion
      à  Action may be continued by or thereof is situated or found.
against the original party, unless the
court, on motion, directs the transferee 5.   Rules on Venue shall NOT apply:
to be substituted in the action or joined
1. In those case where a specific
with the original party; however, if
rule or law provides otherwise
transfer is made before commencement
(e.g., civil case for damages in
of the action, the transferee must cases of libel, where Article 360 of
necessarily be the party, since only he is RPC provides specific rules on
the real party in interest. venue); OR
Rule 4  Venue Of Actions 2. Where the parties have validly
* Uniform rule on venue in RTC and agreed IN WRITING before the
MTC filing of the action on the
1.   Venue of real actions – in the proper EXCLUSIVE venue thereof.
court which has jurisdiction over the
area wherein real property involved or a à  In this instance, the action can only
portion thereof is situated. be filed in the place agreed upon even if
2.   Venue for forcible entry and detainer the other place is the place of residence
actions – in the MTC of the municipality of the parties or the location of the real
or city wherein the real property or a property involved.
portion thereof is situated.
 Rule 5  Uniform Procedure in Trial 2. Does not require for its
Courts adjudication the presence of
3rd parties of whom the court
1.   The procedure in the MTCs shall be cannot acquire jurisdiction; and
the same as that in the RTC. 3. Must be within the jurisdiction of
the court both as to the nature and
2.   Uniform Procedure shall NOT be the amount, except that in an
applicable: ORIGINAL action in the RTC, the
counterclaim may be considered
1. Where a particular provision regardless of the amount.
expressly or impliedly applies only à Agustin vs. Bacalang
to either of said courts. A court (if MTC) has no jurisdiction to
2. In civil cases governed by the hear and determine a set-off or
Rule on Summary Procedure. counterclaim in excess of its
Rule 6  Kinds of Pleadings jurisdiction.  A counterclaim beyond the
1.   Negative Defense – specific denial court’s jurisdiction may only be pleaded
of the material fact or facts alleged in the by way of defense, the purpose of which
pleading of the claimant essential to his is to defeat or weaken the plaintiff’s
cause of action. claim, but NOT to obtain affirmative
2.   Affirmative defense – an allegation relief.  MOREOVER, the amount of
of a new matter which, while judgment obtained by the defendant on
hypothetically admitting the material appeal cannot exceed the jurisdiction of
allegations in the pleading of the the court in which the action began. 
claimant, would nevertheless prevent or Since the trial court did not acquire
bar recovery by him.  Includes: jurisdiction over the counterclaim in
1. Fraud
excess of the jurisdictional amount, the
2. Statute of limitations
appellate court likewise did not have
3. Release
4. Payment jurisdiction over the same.  In such a
5. Illegality case, the award in excess of the
6. Statue of frauds jurisdiction of the trial court is void.
7. Estoppel à Calo vs. Ajax
8. Former recovery
9. Discharge in bankruptcy A counterclaim, even if otherwise
10. Any other matter by way of compulsory, but amount exceeds the
confession or avoidance. jurisdiction of the inferior court, will only
3.  Compulsory counterclaim – be considered permissive.  Hence, fact
Requisites: that it is not set-up in the inferior court
1. Arises out of or is necessarily will not bar plaintiff from instituting a
connected with the transaction or separate action to prosecute it.
occurrence which is the subject
matter of the opposing party’s Rule 7  Parts of a Pleading
claim;
 1. 1.    Formal Requirements of 1. 5.    What pleadings have to be
Pleadings: verified:
2. 2.    Signature of the lawyer 1. Petition for relief from judgment
constitutes a certification by him (38.3)
that: 2. Appeal by certiorari from CA to
1. Caption SC (45.1)
2. Title 3. Complaint with prayer for
3. Body divided into headings and preliminary attachment (57. 3)
paragraphs 4. Complaint for injunction (58.4)
4. Body divided into headings and 5. Complaint for replevin (60.2)
paragraphs 6. Petition for certiorari (65.1)
5. Signature and address 7. Petition for prohibition (65.2)
6. Verification in some cases 8. Petition for mandamus (65.3)
1. He has read pleading 9. Complaint for forcible entry or
2. To the best of his knowledge, unlawful detainer (70.4)
information, and belief, there is 10. Petition for appointment of
good ground to support it general guardian (93.2)
3. It is not interposed for delay. 11. Petition for leave to sell or
encumber property of estate or
3.  How a Pleading is Verified: By an guardian (95.1)
affidavit stating that 12. Petition for declaration of
competency of the ward (97.1)
1. Affiant (person verifying) has read 13. Petition for habeas
the pleading corpus (102.3)
2. Allegations therein are true and 14. Petition for change of name
correct as of his personal (103.2)
knowledge or based on authentic 15. Petition for voluntary dissolution
records. (SC Circular 48- of a corporation (104.1)
2000, effective May 1, 2000) 16. Petition for cancellation or
correction of entries in the civil
4.   A pleading required to be verified registry (108.1)
which: 17. Petition to take deposition in
perpetuam rei memoriam (before
1. Contains a verification based on
action or pending appeal) (24.2)
“information and belief”, OR
18. Motion to set aside a default
2. Contains a verification based on
order of an inferior court
“knowledge, information and
19. Motion for dissolution of
belief,” OR
preliminary injunction on the
3. Lacks a proper verification
ground of irreparable damage to
the movant while the adverse party
àShall be treated as an unsigned
can be fully compensated
pleading.
20. Petition for appointment of
receiver
 21. Petition for review of the decision 12. Motion for new trial based on
of an RTC in cases within the newly discovered evidence in
exclusive original jurisdiction of the criminal cases (121.4)
inferior court, by and elevated to
the CA. 7.   Certification against Forum-
22. Pleadings that need not be Shopping: Plaintiff or principal party
verified but must be under oath: shall certify under oath in the complaint
23. Denial of the genuineness and or other initiatory pleading or in a sworn
due execution of an actionable certification annexed and filed therewith:
document (8.8)
24. Denial of allegations of usury 1. That he has not commenced any
(8.11) action or filed any claim involving
25. Answer to written interrogatories the same issues in any court,
(25.2) tribunal or quasi-judicial agency; to
26. Answer to request for admission the best of his knowledge no such
(26.2) other claim or action pending;
27. Notice of appeal from 2. If there is such other pending
administrative tribunals to the CA action, a complete statement of
the present status thereof;
6.   Supporting affidavits of merit 3. If he should thereafter learn that
required: same or similar action or claim is
filed or pending, he shall report the
1. Motion to postpone for absence same within 5 days therefrom to
of evidence (30.3) the court where he filed his
2. Motion to postpone for illness of a complaint.
party or counsel (30.4) NOTE:  FAILURE TO COMPLY NOT
3. Motion for summary judgment or CURABLE BY MERE AMENDMENT OF
opposition thereto (35.1,2,3,5)
THE COMPLAINT OR PLEADING BUT
4. Motion for new trial on the ground
SHALL BE CAUSE FOR DISMISSAL
of FAME or opposition thereto
(37.2) OF THE CASE WITHOUT PREJUDICE;
5. Petition for relief from judgment IF THE ACTS OF PARTY OR
(38.3) COUNSEL CLEARLY CONSTITUTE
6. Third-party claim (39.16) WILLFUL & DELIBERATE FORUM
7. Proof required of a redemptioner SHOPPING, GROUND FOR
(39.30) SUMMARY DISMISSAL WITH
8. Motion for preliminary attachment PREJUDICE AND CONSTITUTE
(57.3) DIRECT CONTEMPT.
9. Motion for dissolution of
preliminary injunction (58.6) à For Forum-Shopping to exist, there
10. Application for writ of replevin must be:
(60.2)
11. Claim against the estate of the 1. Same transactions involved;
decedent (86.9)
 1. Same essential facts and à  Requirement of an oath does NOT
circumstances; and apply:
2. Actions raise identical
cause of action, subject 1. When diverse party does not
matter, and issues. appear to be a party to the
Rule 8  Manner of Making Allegations instrument; or
in Pleadings 2. When compliance with an order
for an inspection of the original
1.  Allegations of capacity instrument is refused.

1. Capacity of party to sue or be à Admission of genuineness and due

sued or the authority of a party to execution:
sue or be sued in a representative
capacity or the legal existence of 1. Party whose signature appears
an organized association that is admits that he signed it, or that it
made a party must be averred; was signed by another with his
2. To raise an issue as to the legal authority
existence of a party or the capacity 2. Was in words and figures as set
of a party in a representative out at the time it was signed
capacity, do so by specific denial, 3. Document was delivered
including such supporting 4. Any formal requisites required by
particulars as are peculiarly within law which it lacks are waived by
the pleader’s knowledge. him

2.   Action or defense based on à  The following defenses are cut-off by

document admission of genuineness and due
execution of the document:
1. Substance of such document set
forth in the pleading; 1. Signature is a forgery
2. Original or copy attached to the 2. Signature is unauthorized
pleading as exhibit and deemed to 3. Corporation is not authorized
be part of the pleading; OR under its charter to sign the
3. Copy may be set forth in the instrument
pleading with like effect. 1. Party charged signed the
1. 3.    How to contest actionable instrument in some other
document: Genuineness and due capacity than that alleged in
execution of instrument deemed the pleading setting it out
admitted unless adverse party: 2. Document was never
1. Specifically denies them under delivered.
oath; 3. 4.    Specific Denial
2. Sets forth what he claims to be 1. Defendant must specify each
the facts. material allegation of fact the truth
of which he does not admit;
 2. Defendant must set forth the 1. Defendant entitled to notice of
substance of the matters upon motion to declare him in default
which he relies to support his and of order of default;
denial, whenever practicable; 2. Motion to set aside order of
3. If denying only part of an default may be filed after notice
averment, he shall specify so and before judgment;
much of it as is true and material 3. Party may make motion, under
and shall deny the remainder; oath, to set aside order of default
4. If defendant does not have upon proper showing that failure to
knowledge or information sufficient answer was due to FAME;
to form a belief as to the truth of a 4. Effect of order of default – party
material averment, he shall so in default entitled to notice of
state and this has effect of denial. subsequent proceedings but not to
à Negative pregnant – a denial which at take part in trial;
the same time involves an admission of 5. Partial default – if several
the substantial facts in the pleading defending parties and not all in
responded to. default, the court shall try the case
against all upon the answers thus
5.   Allegations not specifically denied, filed and evidence presented;
other than those as to amount of 6. After declaration of default, court
unliquidated damages deemed may render judgment on the basis
of the complaint or require
admitted.
claimant to submit evidence;
Rule 9  Effect of Failure to Plead 7. Judgment against party in default
shall not exceed the amount or
1.  General Rule: Defenses and differ in kind from that prayed for
objections not pleaded in answer or nor award unliquidated damages;
motion to dismiss are deemed waived  8. No defaults in action for
annulment or declaration of nullity
(Omnibus Motion Rule).
of marriage or for legal separation.
Exception: Court shall dismiss the claim, Rule 10  Amended and Supplemental
even without allegation in answer or Pleadings
motion to dismiss, if any of the following
1.   Amendments of pleadings may be
appear from the pleadings or the
made once as a matter of right:
evidence on record:
1. Lack of jurisdiction over the 1. At any time before responsive
subject matter; pleading is served
2. Litis pendentia between same 2. In the case of a reply, anytime
parties for the same cause; within 10 days after service.
3. Res judicata
4. Action barred by statute of à Plaintiff may amend complaint as a
limitations. matter of right even after defendant files
1. 2.    Declaration of Default
a Motion to Dismiss, since the same is 1. 1.    Answer to complaint – 15
not a “responsive pleading.” days from service, unless different
period fixed by the courts;
1. 2.    Substantial amendments 2. 2.    Answer of defendant foreign
may be made only with leave of private juridical entity – when
court, except as provided above. service of summons is made on
2. 3.    An amended pleading the government official designated
supersedes the pleading that it by law, answer to be filed within 30
amends but admissions in days from receipt of summons by
superseded pleadings may be such entity.
received in evidence against the 3. 3.    Answer to amended
pleader. (NOT judicial admissions complaint – if amended as a
anymore; thus, must be formally matter of right, 15 days from being
offered) served with copy thereof
3. 4.    Claims and defenses alleged
in original but not incorporated in à  If amended not as a matter of right,
the amended pleading shall be 10 days from notice of order admitting
deemed waived. the same

5.  Amended and Supplemental à Answer earlier filed may be answer to

pleadings distinguished: amended complaint, if no new answer is
filed
Amended Supplemental
à Applicable to amended counterclaim,
Refers to facts Refers to facts cross, third, etc,
existing at the arising after the
time of the filing of the 1. 4.    Answer to counterclaim or
commencement original cross-claim – within 10 days from
of the action pleading service.
Merely an 2. 5.    Answer to 3rd party complaint
addition, and – 15 days from service
does NOT 3. 6.    Reply – may be filed within
result in the 10 days from service of the
Results in the withdrawal of, pleading responded to.
withdrawal of the the original Rule 12  Bill of Particulars
original pleading pleading 1. 1.    Bill of particulars
1. Period of filing motion – before
Can sometimes Always filed
responding to a pleading; if
be made as a with leave of
matter of right court pleading is a reply, within 10 days
from service thereof;
2. Order for bill must be complied
with in 10 days from notice OR
Rule 11  When to File Responsive
period fixed by court
Pleadings
 3. After service of bill or denial of 1. Written admission of party
motion – party has balance of time served;
he was entitled to file responsive 2. Official return of the server; or
pleading, but not less than 5 days 3. Affidavit of party serving,
containing a full statement of the
à Motion for Bill of Particulars may NOT date, place and manner of service.
call for matters which form part of the Rule 14  Summons
proof of the complaint.  Thus, motion 1. 1.    Contents of summons
should not be granted if the complaint, 2. 2.    Kinds of service of summons:
while not very definite, nonetheless 3. Handing a copy to the defendant
already states a sufficient cause of in person; OR
action. 1. If he refuses to receive
and sign for it, by tendering it
Rule 13  Filing and Service of to him
Pleadings, Judgments and Other 2. Substituted:
Papers 1. Leave copies at his
1. 1.    Kinds of service of pleadings: residence, with person
1. Personal service – to be done of suitable age and
whenever practicable (Most discretion residing
preferred mode) therein; OR
2. Service by mail (ordinary if no 2. Leave copies at
registered mail) defendant’s
3. Substituted service (delivering office/regular place of
copy to clerk of court with proof of business, with
failure of 1st 2 modes) competent person in
à Except with respect to papers charge thereof.
3. 3.    By whom
emanating from the court, a resort to
served:
other modes must be accompanied by a
4. 4.    When
written explanation why the service or extraterritorial service
filing was not done personally. allowed:
5. 5.    Kinds of extra
à Violation of rule may be cause to
territorial service
consider the paper as not filed. 6. 6.    When service
by publication in a
1. 2.    Kinds of service of final
newspaper of general
orders:
publication allowed:
1. Personal
1. Signed by the clerk under the
2. Registered mail
seal of the court
3. Publication (if summons by
2. Name of the court and that
publication)
parties to the action
3.  Proof of personal service 3. Direction that the defendant
answer within the time fixed by
these rules
 4. Notice that unless defendant so association organized under Phil.
answers, plaintiff will take Laws with a juridical personality:
judgment by default 2. 8.    Service upon private foreign
1. Personal: juridical entity transacting business
3. By publication in the Phils:
1. Sheriff 1. President
2. Other proper court officer 2. Managing partner
3. Any suitable person specially 3. General manager
authorized by the judge 4. Corporate secretary
1. Defendant is a non-resident and 5. Treasurer
is not found in the Philippines and 6. In-house counsel
action affects plaintiff’s personal 1. Resident agent designated in
status accord with Law
2. Subject of action is property 2. If no such agent, on government
within the Philippines in which the official designated by law OR
defendant has or claims a lien or 3. On any of its officers or agents
interest within the Phils
3. Where relief demanded consists NOTE: IF NO RESIDENT AGENT,
in whole or in part in excluding the SERVICE OF SUMMONSES AND
defendant from any interest in PROCESSES ON THE SEC.
such property 1. 9.    Newspaper of general
4. When property of defendant has circulation (RA 4883, PD 1079)
been attached within the 1. Published for the dissemination of
Philippines local news and general information
1. Personal service 2. Has a bona fide subscription list
2. Publication and summons sent by of subscribers
registered mail to last known 3. Published at regular intervals
address 4. Not published for nor devoted to
3. Any other matter the court may the interest of a particular group of
deem sufficient persons
1. Identity of defendant unknown 5. Must have been regularly
2. Whereabouts of defendant published for at least 2 years
unknown and cannot be before the date of the publication
ascertained by diligent inquiry in question.
à (a) and (b), applies to ANY action,
even actions in personam à Mere filing of an answer per se should
3. Defendant is non-resident and not be automatically treated as a
the suit is quasi in rem voluntary appearance by the defendant
4. Defendant is temporarily out of for the purpose of sumons.  It should be
the country and the suit is quasi in noted that when the appearance of the
rem defendant is precisely to object to the
1. 7.    Service upon private
jurisdiction of the court over his person,
domestic juridical entity – refers to
corporation, partnership, or
it cannot be considered as an and was in fact present in court when
appearance in court. the motion was heard.

Rule 15  Motions Rule 16  Motion to Dismiss

1. 1.    All motions must be in 1. 1.    Motion to Dismiss must be
writing except: filed within the time for and before
2. 2.    Exceptions to the three-day the filing of an answer to
notice rule: complaint.
1. Those made in open court; OR 2. 2.    Grounds for motion to
2. Those made in the course of a dismiss:
hearing or trial. 1. Court has no jurisdiction over the
1. Ex parte motion person of the defendant- unlike old
2. Urgent motion rule, inclusion in motion to dismiss
3. When court sets hearing on of other grounds aside from lack of
shorter notice for good cause jurisdiction over the person does
4. Motion for summary judgment NOT constitute a waiver of the
(must be served at least 10 days said ground or voluntary
before the hearing) appearance;
à              A prudent judge would, in the 2. Court has no jurisdiction over the
absence of the opposing party in the subject matter of the claim;
hearing of a motion, inquire from the 3. Venue is improperly laid;
other party or inquire from the records 4. Plaintiff has no legal capacity to
the proof of the service of notice rather sue;
5. There is another action pending
than proceed with the hearing.  He
between the same parties for the
should not rely on a party’s undertaking
same cause;
to notify the adverse party of a
à Requisites of litis pendentia:
scheduled hearing.  The judge must 1. Identity of parties/interest
demand what the rule requires, i.e., 2. Identity of rights asserted and
proof of such notice on the adverse prayed for/relief founded on the
party.  Otherwise, a contentious motion same facts;
should be considered a mere scrap of 3. Identity of the 2 cases (such that
paper which should not have even been judgment in one would amount to
received for filing. res judicata in the other)
6. Cause of action is barred by a
à Subsequent service of the motion on prior judgment or by statute of
the adverse party may be considered limitations;
substantial compliance with the Rule 15, à Requisites of res judicata:
§ 6.  Failure to attach to the motion proof 1. Final judgment or order
of service thereof to the adverse party is 2. Rendered by court of competent
not fatal when the adverse party had jurisdiction
actually received a copy of the motion 3. On the merits (even without trial,
such as cases decided by
Judgment on the Pleadings,
 Summary Judgment, or dismissed 1. a.    Res judicata
for failure to prosecute or for 2. Extinguishment of claim or
refusal to obey an order of the demand
court) 3. Prescription
4. Identity of the parties 4. Unenforceability under the
7. Pleading asserting claim states Statute of Frauds
no cause of action;
8. Claim or demand in the plaintiff’s 6.  The dismissal of the complaint shall
pleading has been paid, waived, be without prejudice to the prosecution
abandoned, extinguished; in the same or separate action of a
9. Claim on which action is founded counterclaim pleaded in the answer.
is unenforceable under the statute
of frauds; à A motion to dismiss on the ground of
10. Condition precedent for filing has failure to state a cause of action in the
not been complied with (this complaint must hypothetically admit the
includes prior recourse to truth of the facts alleged in the
barangay conciliation, or failure to complaint.  The admission, however, is
make attempts to reach a limited only to all material and relevant
compromise in cases between
facts which are well pleaded in the
members of the same family)
complaint.  The demurrer does not admit
à  The court shall not defer the the truth of mere epithets charging
resolution of the motion for the reason fraud; nor allegations of legal
that the ground relied upon is not conclusions; nor an erroneous
indubitable. statement of law; nor matters of
evidence; nor to legally impossible facts.
3.  Actions that court may take on a
Motion to Dismiss: Rule 17  Dismissal of Actions
1. 1.    Dismissal by the plaintiff
1. Grant it – remedy: appeal 1. Notice of dismissal any time
2. Deny – NOT appealable; but may before service of the answer or a
avail of certiorari, prohibition and motion for summary judgment;
mandamus à  Dismissal is without
3. Order amendment of the pleading prejudice EXCEPT on 2nd notice of
dismissal, which operates as
4.  If denied, defendant must file answer adjudication on the merits when filed by
within the balance of the 15-day period, same plaintiff who has once dismissed
but not less than 5 days from the time an action based on or including said
he received notice of the denial; claim.
1. If answer or motion for summary
5.  Subject to the right to appeal, judgment already served,
dismissal based on the following dismissal by a Motion for
grounds will be bar to refiling: Dismissal, which shall require
 approval of the court; shall be before a responsive pleading or a
without prejudice unless otherwise motion for summary judgment is
specified by the court served, or if there is none, before
the introduction of evidence.
à If counterclaim has been pleaded by a Rule 18  Pre-Trial
defendant prior to the service upon him
of plaintiff’s motion to dismiss, dismissal 1.   What to consider in pre-trial (with
is limited to the complaint; dismissal is notice to counsel or party without
without prejudice to defendant’s right to counsel)
prosecute counterclaim in a separate
1. Possibility of amicable settlement
action or, if he makes a manifestation
or arbitration
within 15 days from notice of the motion,
2. Simplification of the issues
to prosecute CC in same action.
3. Amendments to the pleadings
1. 2.    Dismissal due to plaintiff’s 4. Stipulations or admissions of
fault – the following must be facts and documents
without justifiable cause 5. Limitation of number of witnesses
1. If plaintiff fails to appear on the 6. Preliminary reference of issues to
date of presentation of his a commissioner
evidence in chief; 7. Propriety of judgment on the
2. Plaintiff fails to prosecute claim pleadings, summary judgments, or
for an unreasonable length of time dismissal of action
3. Plaintiff fails to comply with the 8. Other matters for the prompt
Rules of Court or any order of the disposition of the action
court 1. 2.    It is the duty of the plaintiff to
move ex parte for the setting of the
à Complaint may be dismissed upon
case for pre-trial.  However, if
defendant’s motion or motu proprio.
plaintiff answers the defendant’s
counterclaim, it will be the latter’s
à  Unless otherwise declared by the
duty to set the pre-trial.
court, dismissal has effect of
2. 3.    Failure of plaintiff to appear
adjudication upon the merits.
shall be cause for dismissal of the
action.  Non-appearance of
RULE ON SEVERANCE OF
defendant is cause to allow plaintiff
COMPULSORY CC:  Dismissal of
to present evidence ex parte and
principal action upon plaintiff’s motion or the court to render judgment on
due to plaintiff’s fault does not basis thereof.
necessarily carry with it the dismissal of 3. 4.    Non-appearance of party
the compulsory CC; defendant is also excused only if:
given option to prosecute the same in 1. 5.    Must file pre-trial brief
same or separate action. so as to ensure that other
1. 3.    Dismissal of counterclaim, party receives it at least 3
cross-claim, or 3rd-party complaint days before pre-trial.  Failure
– must be made by claimant to file brief has same effects
 as failure to appear at pre- main action.  Such a case is
trial. not subject to dismissal upon
2. 6.    Proceedings recorded, intervenor’s petition showing
and court shall issue an him to be entitled to
order reciting in detail affirmative relief.  The
matters taken up. petition will be preserved and
1. A valid cause is shown therefor heard regardless of the
OR disposition of the main
2. If representative shall appear in action.
his behalf fully authorized in writing 1. Legal interest in the matter in
to enter into an amicable litigation
settlement, to submit to alternative 2. Interest in the success of either or
modes of dispute resolution, and both parties or interest against
to enter into stipulations or both
admissions of facts and of 3. Party is so situated as to be
documents, adversely affected by the
Rule 19  Intervention distribution of the court
1. 1.    Grounds for intervention 4. Disposition of property in the
2. 2.    Motion may be filed at any custody of the court or of an officer
time before rendition of judgment. thereof.
1. 3.    Answer to complaint- Rule 20  Calendar of Cases
in-intervention must be filed
within 15 days from notice of 1.   Calendar of cases to be kept by
court admitting the clerk of court for cases set for pre-trial,
complaint. trial, those whose trials adjourned or
2. 4.    Motion for intervention postponed and those with motions set
will be granted if it will not for hearings.
unduly delay or prejudice
adjudication of rights or 1. 2.    Preference given to habeas
original parties and if the corpus, election cases, special civil
intervenor’s rights may be actions and those so required by
fully protected in separate law.
proceedings.
3. 5.    Complaint in
intervention is merely
collateral to the principal
action.  Hence, it will be
dismissed if main action is
dismissed.
4. 6.     A complaint in
intervention that seeks
affirmative relief prevents a
plaintiff from taking a
voluntary dismissal of the