Notes - Q and A

Practice Court 1 - Atty.
Rickson Buenviaje
I. CIVIL PROCEDURE FRAMEWORK 2
II. PARTS OF PLEADING 5

Parts of Pleading 6
Formula 7
Sample of Complaint 8
III. MOTIONS 10
Definition 10
Basic Requirements 10
Requirements of Litigious Motion 11
Omnibus Motion Rule (S9) 11
Prohibited Motions (S12) 11
Formula in Writing a Motion 11
Sample of a Motion 12
Sample of Comment/Opposition 15
Sample of Motion for Judgment on the Pleadings 17
IV. PRE-TRIAL BRIEF 19

Pre-trial, definition. 19
Effects Non-Appearance/Non-compliance 19
Formula in Preparing Pre-Trial Brief 22
Sample of Pre-Trial Brief 23
V. TRIAL 25
VI. JUDICIAL AFFIDAVIT RULE A.M. NO. 12-8-8-SC 26

Sample of Sworn Attestation in Judicial Affidavit 27
VII. INCIDENTAL PLEADINGS 28

Sample of (Notice of) Entry of Appearance 28
Sample of (Notice of) Withdrawal of Appearance 29
Sample of Notice of Dismissal 30
Sample of Motion to Dismiss 31
Sample of Demand Letter 33
Sample of Special Power of Attorney 34
Practice Court 1 - Atty. Rickson Buenviaje
I. CIVIL PROCEDURE FRAMEWORK

Q: Why does a party files a complaint?
A: Because there has been a violation of his or her right
Q: What is required for every civil action to survive?

A: In general, there must be a cause of action. Take note of the definition: R2, S2 – Act or omission by which a
party violates a right or another.
Q: What are the 3 Requisites/elements of a cause of action?

A: (China Bank vs CA) –
(1) there is a right in favor of a plaintiff by whatever means and under whatever law it arises or created;
(2) An obligation on the part of the defendant to respect or not to violate such right;
(3) An act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach
of the obligation of the defendant to the plaintiff.
Q: What are the sources of rights of the plaintiff?

A: Law, Contracts, Quasi-Contracts
Q: How does the defendant violate the right of the plaintiff?

A: Through an act or omission or there must be a breach of obligation on the part of the defendant
Q: What is the important requisite in order for a cause of action may arise?
A: 3rd requisite – “it bears stressing that it is only when the last element occurs that a cause of action arises”
(China Bank vs CA). “Well settled is the rule that since a cause of action requires, as essential elements, not
only a legal right of the plaintiff and a correlative duty of the defendant but also “an act or omission of the
defendant in violation of said legal right,” the of cause of action does accrue until the party obligated refuses,
expressly or impliedly, to comply with its duty.” (Texon Manufacturing vs. Millena)
Q: What do we need to inquire into for the determination of a cause of action?

A: “by whatever means and whatever law it arises or created” (China Bank vs CA)
Q: Cause of action the same as right of action? If no, why?

A: No. Cause of action – if 3 elements occur (substantive); Right of Action – answers the question of how are
you going to enforce it (the manner of enforcing said right) (procedural) (right to file an action or suit) (right of
action also pertains to the right of the defendant).
Q: Ultimate facts and evidentiary facts, are they the same?

A: Technically no. Ultimate facts - important and substantial facts which either directly form the basis of the
primary right and duty, or which directly make upon the wrongful acts or omissions of the defendant.
Evidentiary Facts – Facts necessary to prove essential or ultimate facts – facts needed to be established or
proven in the trial.
Q: Under the new ROC, is there still distinction between ultimate facts or evidentiary facts?
A: In old rules, in the preparation of a complaint, only the ultimate facts are required to be alleged. However,
under the new Rules, both are required to be alleged. As a result, there is now a very thin distinction between
the two.
R7, S2. Contents. Every pleading stating a party’s claims or defenses shall, in addition to those
mandated by Section 2, Rule 7, state the following:
(a)Names of witnesses who will be presented to prove a party’s claim or defense;
(b)Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said
witnesses shall be attached to the pleading and form an integral part thereof. Only witnesses
whose judicial affidavits are attached to the pleading shall be presented by the parties during
trial. Except if a party presents meritorious reasons as basis for the admission of additional
witnesses, no other witness or affidavit shall be heard or admitted by the court; and
(c)Documentary and object evidence in support of the allegations contained in the pleading.
R8. S1. Section 1. In general. — Every pleading shall contain in a methodical and logical form, a plain,
concise and direct statement of the ultimate facts, including the evidence on which the party
pleading relies for his or her claim or defense, as the case may be.
If a cause of action or defense relied on is based on law, the pertinent provisions thereof and their
applicability to him or her shall be clearly and concisely stated. (1a)
Q: Is it enough that the party demonstrates that he has a cause of action in order to enforce his rights?
A: No. Cause of action + Prepare + File (Service) + Payment of full and correct docket fees.
Take note of the filing vs service (R13). Filing is the act of submitting the pleading or other paper to the court
(S2) (under the old rule, “act of presenting”). Service is the act of providing a party with a copy of the pleading
or any other court submission (under the old rule, “act of furnishing the other party”).
Q: Why is it important to know the distinction between Filing and Service?

A: Rule 17, for example, notice of the dismissal of action - reckoning period is date of service.
Q: Manner of filing (R13, S3)?

A: (a) Submitting personally the original thereof, plainly indicated as such, to the court; (b) Sending them by
registered mail; (c) Sending them by accredited courier; or (d) Transmitting them by electronic mail or other
electronic means as may be authorized by the Court in places where the court is electronically equipped.
(Under the old rules, (a) and (b) only).
Q: Modes of Service (R13, S5)

A: Pleadings, motions, notices, orders, judgments, and other court submissions shall be served personally or
by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means
as may be authorized by the Court, or as provided for in international conventions to which the Philippines is
a party. (5a)
Rules in the preparation of complaint: R2,3,4,6,7,8,9,10,11 and 13.
Q: Rule on docket fees.

A: Non payment of full and correct docket fees - court will not acquire jurisdiction over the case; complaint
deemed not filed. “In line with this legal paradigm, prevailing case law demonstrates that "[t]he non-payment of
the prescribed filing fees at the time of the filing of the complaint or other initiatory pleading fails to vest
jurisdiction over the case in the trial court. (exception) Yet, where the plaintiff has paid the amount of filing fees
assessed by the clerk of court, and the amount paid turns out to be deficient, the trial court still acquires
jurisdiction over the case, subject to the payment by the plaintiff of the deficiency assessment. "The reason is
that to penalize the party for the omission of the clerk of court is not fair if the party has acted in good faith."
(Ramones vs Spouses Guimoc)
Q: Options available to the plaintiff upon filing of the complaint?

A: (1) R17. Sec 1,2,3. Dismissal of Action. Sec. 1. Dismissal upon notice by the plaintiff. Sec 2. Dismissal upon
motion of the plaintiff. Sec 3. due to fault of Plaintiff. (2) Amend the Complaint (R10).
Q: Until when can the plaintiff avail of the first mode of dismissal of action, second mode?
A: Sec 1 - Anytime before the service of an answer or a motion for summary judgment. Sec 2 - After service to
the answer to the complaint but before the summary judgement is rendered by the court.
Q: Grounds in R17, Sec 3.

A: (a) If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his or her
evidence in chief on the complaint, or (b) to prosecute his or her action for an unreasonable length of time, or
(c) to comply with these Rules or any order of the court.
Q: Modes under R17, Sec 3.

A: (a) upon motion by the D and (b) upon the Court’s own motion.
Q: What are the kinds of amendments?

A: (a) Amendments as a matter of right (R10, Sec 2) at any time before responsive pleading is SERVED. In
case of reply, at any time within 10 calendar days after it was served. (b) Amendments with leave of court
(R10, Sec 3).
Q: If the plaintiff did not amend or avail of R17, what is the next stage?
A: Issuance of Service of summons (R14).
Q: When to issue service summons?

A: Within 5 calendar days from receipt of the initiatory pleading and proof of payment of the requisite docket
fees.
Q: What is the purpose of summons?

A: So that the court can acquire jurisdiction over the person of the defendant.
Q: By whom served (R14, Sec 3)?

A: The summons may be served by the sheriff, his or her deputy, or other proper court officer, and in
case of failure of service of summons by them, the court may authorize the plaintiff - to serve the summons -
together with the sheriff.
Q: Validity of Summons?
A: (a) until duly served and (b) unless recalled by the Court.
Q: When to issue alias summons?

A: In case of loss or destruction of summons
Q: Modes of service of summons?

A: (a) (R14, S5) Personal Service. Whenever practicable, the (1) summons shall be served by handing a
copy thereof to the defendant in person and informing the defendant that he or she is being served, or,
if he or she refuses to receive and sign for it, (2) by leaving the summons within the view and in the presence
of the defendant. (b) (R14, 6) Substituted service. Manotoc Case - 4 modes. If, for justifiable causes, the
defendant cannot be served personally after at least three (3) attempts on two (2) different dates, service may
be effected:
(a) By leaving copies of the summons at the defendant's residence to a person at least eighteen (18)
years of age and of sufficient discretion residing therein;
(b) By leaving copies of the summons at the defendant's office or regular place of business with some
competent person in charge thereof. A competent person includes, but is not limited to, one who
customarily receives correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose
known, with any of the officers of the homeowners’ association or condominium corporation, or its chief
security officer in charge of the community or the building where the defendant may be found; and
(d) By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court.
Q: Assuming, summons was properly served, what are the options available to the defendant? (complaint is
always attached to the summons)
A: Motion for extension with respect to the answer (only once, applicable to Answer only), Answer, Bill of
particulars, Motion to Dismiss (R8, S12 Par A (1-5) affirmative defense, R15 Sec 12 Par A (1-3).
Section 12. Affirmative defenses. — (a) A defendant shall raise his or her affirmative defenses in his or her
answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:
1.That the court has no jurisdiction over the person of the defending party;
2.That venue is improperly laid;
3.That the plaintiff has no legal capacity to sue;
4.That the pleading asserting the claim states no cause of action; and
5.That a condition precedent for filing the claim has not been complied with.
Section. 12. Prohibited motions. — The following motions shall not be allowed:
(a)Motion to dismiss except on the following grounds:
1)That the court has no jurisdiction over the subject matter of the claim;
2)That there is another action pending between the same parties for the same cause; and
3)That the cause of action is barred by a prior judgment or by the statute of limitations;
Q: What is the effect of filing an answer?

A: Issues will be joined. It means the case is now ready for pre-trial or the case is susceptible for summary
judgment or judgment on the pleadings.
Q: What is the ground for Bill of Particular?

A: Any matter, which is not averred with sufficient definiteness or particularity - when the allegations in the
complaint are vague.
Q: What if no Answer was filed, what is the remedy of the plaintiff?

A: Motion to declare defendant in default
Q: If the defendant wants to recover his personality to participate in the proceedings, what is his remedy?
A: Motion to lift the order of default.
Q: If the defendant opted to file an Answer, can the plaintiff ask the Court to rule on the case?
A: Yes, under the Rule 34 or Rule 35 - Judgment on the Pleadings, Summary Judgment
Q: Ground for Judgment on the Pleadings?

A: Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s
pleading. (this can be acted upon by the court motu-propio Sec 2, R34)
Q: Ground for Summary Judgment?

A: there is no genuine issue as to any material fact
Q: After an Answer, if Plaintiff did not file motion under Rule 34 or 35, what is the next stage?
A: Pre-trial Stage (R18)
Q: After the pre-trial stage, what is the next stage?

A: Trial
Q: After the plaintiff has presented its case, what is the remedy of the defendant?
A: Demurrer to evidence R33. The defendant may move for dismissal on the ground that upon the facts
and the law the plaintiff has shown no right to relief.
Q: After the trial and if the defendant did not file a demurrer to evidence, what is the next stage?
A: Judgment stage - criminal - promulgated (Decision Stage - in civil case - given to the parties)
Q: Post judgment remedies?

A: it depends, if the decision has not become final and executory - MR, Motion for new trial, Appeal. Otherwise
Petition for relief from judgment, annulment of judgment, Certiorari (certiorari cannot be used as a substitute to
a lost appeal).
Last stage is execution.
II. PARTS OF PLEADING
Pleading, definition
● R6, S1
● Written statements of the respective claims and defenses of the parties submitted to the court for
appropriate judgment.
Q: When we say “requirements of a pleading”, what do we mean by that?

A: It means “indispensable parts”, “solemnities”, “forms”, absent any of it will make the pleading defective.
Q: What are the two general requirements of a pleading?

A: Formal Requirements and Other Requirements
Parts of Pleading
1. Formal requirements - In general, these are indispensable parts; solemnities and forms are to be
observed
a. Caption - R7, S1
■ Name of the Court
● Jurisdiction - matter of execution; conferred by law
○ Pertinent laws:
i. BP 129
ii. RA 7691
iii. RA 11576
iv. Other laws: Constitution; OCA 45-2019 (claims where the value of
the claim does not exceed Four Hundred Thousand Pesos
(P400,000.00) exclusive of interest and costs, for Metropolitan
Trial Courts (MeTCs) Three Hundred Thousand Pesos
(P300,000.00), exclusive of interest and costs, for Municipal Trial
Courts (MTCs), Municipal Trial Courts in Cities (MTCCs), and
Municipal Circuit Trial Courts (MCTCs);
● Venue - subject to stipulation
○ Personal - affect personal liability - Section 2. Venue of personal actions.
All other actions may be commenced and tried where the plaintiff or any
of the principal plaintiffs resides, or where the defendant or any of the
principal defendants resides, or in the case of a non-resident defendant
where he may be found, at the election of the plaintiff.
i. Section 3. Venue of actions against nonresidents. — If any of
the defendants does not reside and is not found in the Philippines,
and the action affects the personal status of the plaintiff, or any
property of said defendant located in the Philippines, the action
may be commenced and tried in the court of the place where the
plaintiff resides, or where the property or any portion thereof is
situated or found.
○ Real - Section 1. Venue of real actions. Actions affecting title to or
possession of real property, or interest therein, shall be commenced and
tried in the proper court which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is situated.
● Preliminary investigation
○ Complainant vs. Respondent
○ Information - Plaintiff vs. Accused
○ Specpro - Petitioner vs. Respondent
■ Title of the Action
● Name of the Parties
● Respective Participation
■ Docket no, if assigned
b. Body* = R7, S2 + R7, S6 + R8, S1

■ Designation of the Parties
■ Allegations of the ultimate facts and evidentiary facts
■ Relief/Reliefs/Prayers
■ Date
c. Signature
■ Dated and with address
■ Who signs the pleading?
the party or counsel representing him or her (R7, S3)
■ What is the effect of an unsigned pleading?

Not deemed file; no legal effects
■ Significance?
Warranties (R7, S3B*)
Rule 7, Section 3.Signature and address. — (a) Every pleading and other
written submissions to the court must be signed by the party or counsel representing him
or her. (b) The signature of counsel constitutes a certificate by him or her that he or she
has read the pleading and document; that to the best of his or her knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation
(2)The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing
existing jurisprudence;
(3)The factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after availment of the modes of discovery under these
rules; and
(4) The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.
d. Verification (R7, S4)*

GR: Not all are required to be verified
XPN: as expressly stated by law
XPN to XPB: in case of doubt, verified not to follow
Pleadings needed verification:

■ Initiatory pleadings
■ Small claims
■ Summary procedure*
● Sec. 6. Effect of failure to answer. — Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio, or on motion
of the plaintiff, shall render judgment as may be warranted by the facts
alleged in the complaint and limited to what is prayed for therein: Provided,
however, that the court may in its discretion reduce the amount of damages and
attorney's fees claimed for being excessive or otherwise unconscionable. This is
without prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if
there are two or more defendants.
■ “Latin” pleadings (certiorari, habeas, etc)
e. Certification Against Forum Shopping (R7, S5)*

*Memorize
2. Other requirements
a. PTR No.
b. Competent Evidence of Identity
c. IBP No. - upon payment of dues
d. Jurat
■ Affidavit
■ Certification
■ Sworn statement
■ Verification
e. 2004 rule on notarial practice
Formula
Pleadings = FR + OR
Complaint = FR + OR + R7, S2 + R7, S6 + R8, S1
Sample of Complaint
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
MANILA, BRANCH___________
MR. A.
Plaintiff, Civil Case No.________
For: Collection of Sum of Money
-versus-
MR. B,
Defendant,
x-------------------------x
COMPLAINT
Plaintiff, by counsel, states that:
1. Mr. A (Plaintiff), is a Filipino, of legal age, single, and a resident of Manila. Plaintiff is represented by
Atty. X, with office address at Makati;
2. Mr. B (Defendant) is a Filipino, of legal age, single, and a resident of Caloocan;
3. On 14 February 2019, Defendant borrowed the amount of Php500,000 from the Plaintiff, evidenced by
a “Loan Agreement” and secured by a “Promissory Note” executed by the defendant and both dated on
the same day. A copy of the Loan Agreement and the Promissory Note are attached as Annex A and B,
respectively;
4. Under the Loan Agreement, payment shall be done through five (5) installments, starting March and
ending on July, and the failure to pay any of the installments shall make the whole obligation
demandable;
5. On 14 March 2019, defendant failed to pay the instalment;
6. On _____, plaintiff sent a “Demand Letter” to defendant, a copy of which is attached as Annex C;
7. Despite the receipt of the demand letter, defendant failed to pay, which prompted the plaintiff to file this
complaint;
8. (Provision of law)
PRAYER
WHEREFORE, premises considered, plaintiff respectfully prays that:

1. Mr. B be ordered to pay the amount of Php500,000;
2. Mr. B be ordered to pay damages; and
3. Other reliefs just and equitable are likewise prayed for.
(Date), Makati for Manila
(sgd)
Atty. X
Address
Contact No.
Email Address.
Roll No. ________
IBP No. ________
PTR No. ________
MCLE Compliance No._
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Mr. X, of legal age, single, residing at Manila, respectfully states that:
1. The allegations herein are true and correct based on my personal knowledge [or based on authentic
records];
2. This complaint [kind of pleading] is not filed to harass, or cause unnecessary delay, or needlessly
increase the cost of litigation;
3. The factual allegations herein have evidentiary support or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for discovery;
4. I have not heretofore commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is
pending therein;
5. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall
report that fact within five (5) calendar days therefrom.
IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.
(sgd)
Mr. X
Affiant
III. MOTIONS
Definition
A motion is an application of a relief other than a pleading
Kinds of Motion
1. Oral - resolved in an open court to give adverse party opportunity to oppose extrinsic issues S2 (par 3)
R15
2. Written (Per Atty. Buenvi - may be considered a pleading because of its feature)
Basic Requirements
1. Must be in writing (R15, S2)
2. State the relief/s (R15, S2)
3. Grounds upon which it is based (R15, S2)
4. Supporting affidavits and papers, if necessary or required by the rules (R15, S2) Sample?
5. Must be served - copy furnish (R7)
6. Compliance with the 3 day and 10 day notice rule*
7. Notice of hearing*
*only in the OLD rules
Q: Are all motions must be in writing?

GR: Yes
XPN:
1. Those made in an open court
2. Made in the course of a hearing or trial
Q: What is the rule with respect to motions made in open court or in the course of a hearing or trial?
A: Once raised by the party, should immediately be resolved in open court after the adverse party was
given the opportunity to argue. R15, Sec 2, 2nd Par)
Q: What is the rule with respect to a motion, the arguments raised do not appear on record?
A: The court may hear the matter on affidavits or depositions presented by the parties but the court may direct
the matter to be heard wholly or partially on oral testimony or depositions. [R15, S2 (par 3)]
Q: Kinds of motion (under the Rules)

1. Non-litigious (R15, S4)
2. Litigious (R15, S5) - A litigious motion is one which the court may not act upon without prejudicing the
rights of the adverse party
Q: What is a non-litigious motion?

NB: Under the 1997 Rules, no such definition. The definition was provided by jurisprudence
Sample:
1. Issuance of alias summons
2. MOTEX to file Answer (1x only. If 2nd - litigious)
3. Postponement
4. Writ of execution
5. Alias writ of execution
6. Writ of possession
7. Order directing the sheriff to execute the final COS (Contract of Sale?)
Q: Must the Court readily act on the matter if the motion presented is a non-litigious motion?
No. Because the Rules mentioned “may”...
“motions which the court may act upon without prejudicing the rights of adverse party are non-litigious
motions.” (R15,S4)
Requirements of Litigious Motion

1. Service
2. Opposition - 5 days from receipt
NB: No need for a court order to file opposition
Q: Purpose of Notice of Hearing?

To afford the other party to file his or her opposition
NB: If litigious motion, automatic for the other party to file his or her opposition within 5 calendar days from
receipt of the litigious motion S5 (c)
Q: If the motion filed is non-litigous, is there still a need to file opposition?

R15 is silent. But for practical reasons, still file an opposition.
Q: Is notice of hearing still required in a non litigous motion?

The rule is silent. The rule mentions only Notice of Hearing in a Litigious Motion. (R15, S6)
Omnibus Motion Rule (S9)

Section 9. Omnibus motion. — Subject to the provisions of Section 1 of Rule 9, a motion attacking a pleading,
order, judgment, or proceeding shall include all objections then available, and all objections not so included
shall be deemed waived.
Prohibited Motions (S12)

Section. 12. Prohibited motions. — The following motions shall not be allowed:
(a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of the claim;
2) That there is another action pending between the same parties for the same cause; and
3) That the cause of action is barred by a prior judgment or by the statute of limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court’s action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;
(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension
to file an answer as provided by Section 11, Rule 11; and
(f) Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical
inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving
party shall be warned that the presentation of its evidence must still be terminated on the dates previously
agreed upon.
A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official
receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b),
Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date.
The clerk of court shall not accept the motion unless accompanied by the original receipt. (n)
Formula in Writing a Motion
P = FR + OR
M (p) = FR + OR + R15 (S3) (S6) (S7 (S11)
Sample of a Motion

MANILA, BRANCH 9
MR. A,
Plaintiff,
- versus - Civil Case No. _______

MR. B,
Defendant.
x ------------------------- -x
MOTION
1. Plaintiff on _______ filed this present case against defendant.
2. On May 3, 2021, summons was properly served upon defendant.
3. Defendant has until June 3, 2021 to file his responsive pleading.
4. Up to present, no responsive pleading was filed

.
5. (Provision of law/jurisprudence)
PRAYER / RELIEF
Plaintiff respectfully prays that:
1. Court takes note of this Motion.

2. Declare the defendant in default.
3. Allow the plaintiff to present his evidence ex parte on a date most convenient to the Court.
Other equitable reliefs are likewise prayed for.
(date), Quezon City for Manila.
ABC LAW FIRM

12th Flr, X Building
Tomas Morato St., Quezon City
Tel No.:
Email Address:
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
(for Litigious motion)
Notice of Hearing and Copy furnished to:
The Branch of Clerk of Court

Regional Trial Court of Manila, Branch 9
(Address)
Mr. B
(address)
OR
if counsel is known
Atty. V
Counsel of Defendant
(address)
Greetings!
Please take note that the undersigned shall submit this motion for the consideration of this Court on (date)
(time).
(signed)
Atty. W
EXPLANATION
A copy of this motion was filed and served by registered mail because of lack of manpower.
(signed)
Atty. W
(for Non-litigious motion)
Notice of Hearing and

Copy furnished to:

(Address)
Mr. B
(address)
OR
if counsel is known
Atty. V
(address)
Greetings!
Please take note that the undersigned shall submit this motion for the consideration of this Court upon receipt
hereof without need for further arguments from the parties.
(signed)
Atty. W
EXPLANATION
(signed)
Atty. W
Sample of Comment/Opposition

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
COMMENT / OPPOSITION
Defendant, by counsel, states that:
1. Summons was served to him on May 3, 2021 and he has until June 3, 2021 to file his responsive
pleading.
2. Unfortunately, Defendant failed to file his Answer within the period because he was hospitalized due to
_________.
3. It was only after he was discharged from the hospital that he was able to engage the services of a
lawyer to prepare the responsive pleading.
4. (Provision of law/jurisprudence)
PRAYER / RELIEF
1. Court takes note of this Comment / Opposition.

2. Deny the Motion to Declare Defendant in Default dated _____ filed by the Plaintiff.
3. Allow Defendant to file his Answer within a period as may be allowed by the Court.
DEF LAW FIRM

Tel No.:
Email Address:
By:
(signed)
Atty. F
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. W
Counsel of Plaintiff
(address)
EXPLANATION
(signed)
Atty. F
Sample of Motion for Judgment on the Pleadings

_________ JUDICIAL REGION
MUNICIPAL TRIAL COURT
____________
MR. A,
Plaintiff,

For: Forcible Entry
MR. B,
Defendant.
x ------------------------- -x
MOTION FOR JUDGMENT ON THE PLEADINGS
1. Plaintiff on _______ filed this present case against defendant.
2. On May 3, 2021, summons was properly served upon defendant.
3. Defendant has until May 13, 2021 to file his responsive pleading.
4. Up to present, no responsive pleading was filed

.
5. Under the law, should the defendant fail to answer the complaint within the period provided, the court,
motu proprio, or on motion of the plaintiff, shall render judgment as may be warranted by the facts
alleged in the complaint and limited to what is prayed for therein.
PRAYER / RELIEF
4. The Court takes note of this Motion.

5. The Court renders a judgment on the pleadings.
Other just and equitable reliefs are likewise prayed for.
ABC LAW FIRM

Tel No.:
Email Address:
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
(for Litigious motion)
Notice of Hearing and

Copy furnished to:

(Address)
Mr. B
(address)
OR
if counsel is known
Atty. V
(address)
Greetings!
Please take note that the undersigned shall submit this motion for the consideration of this Court on (date)
(time).
(signed)
Atty. W
EXPLANATION
(signed)
Atty. W
IV. PRE-TRIAL BRIEF
Pre-trial, definition.
● No definition in ROC.
● Procedural device used prior to the trial after the last responsive pleading has been served and filed,
to narrow down issues to be tried, to secure stipulations as to matters and evidence to be heard and to
take all steps necessary for the disposition of the case.
Q1: What are these last responsive pleadings?

Answer or reply
Rejoinder sometimes if required by court.
* Memorize Section.
Q2: What is the ultimate purpose of a pre-trial?

It is meant to serve as a device to clarify and narrow down the basic issues between the parties, to ascertain
the facts relative to those issues and to enable the parties to obtain the fullest possible knowledge of the issues
and facts before the trial courts and thus prevent said trial from being carried on in the dark. (Tinio vs.
Manzano, 307 SCRA 460)
Q3: What is the principle of “Laying One’s Cards on the Table”?

Both parties should obtain, gather, collate and list all their respective pieces of evidence - whether testimonial,
documentary, or object - even prior to the preliminary conference before the clerk of court or at the latest before
the scheduled pre-trial conference. Otherwise, pieces of evidence not identified or marked during the pre-trial
proceedings are deemed waived and rendered inutile. (Heirs of Pasag vs. Spouses Parocha, GR. No. 155483,
April 27, 2007)
Q4: Is it important to follow Pre-Trial Rules? If yes, why?

Yes. Pre-trial rules are not to be belittled or dismissed because their non-observance may result in prejudice to
a party’s substantive rights. Like all rules, they should be be followed except only for the most persuasive of
reasons when they may be relaxed to relieve a litigant of an injustice not commensurate with the
degree of his thoughtfulness in not complying with the procedure. (Ramos vs. Spouses Alvendia, GR.
No. 176706, October 8, 2008 citing Saguid vs. CA)
Effects Non-Appearance/Non-compliance
Section 5. Effect of failure to appear. — When duly notified, the failure of the plaintiff and counsel to appear
without valid cause when so required, pursuant to the next preceding Section, shall cause the dismissal of the
action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the
part of the defendant and counsel shall be cause to allow he plaintiff to present his or her evidence ex-parte
within ten (10) calendar days from termination of pre-trial, and the court to render judgment on the basis of the
evidence offered.
Section 3. Notice of Pre-trial.

xxx
Non-appearance at any of the foregoing settings shall be deemed non-compliance at the Pre-Trial and shall
merit the same sanctions under Section 5 hereof.
Section 2. Nature and Purpose. — The pre-trial is mandatory and should be terminated promptly. The court
shall consider:
xxx
(h) Such other matters as may aid in the prompt disposition of the action.
The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a
waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due
execution.
The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a
waiver of the presentation of such evidence.
xxx
Q5: True or False: The plaintiff is required to file a motion to set the case for Pre-Trial
False. Plaintiff may still file for motion to set the case for pre-trial if delayed. (R18, S1)
Q6: What do you call that Court document that notifies all the parties to appear to the Court on a
certain date for the conduct of pre-trial conference?
Notice of pre-trial.
Q7: What do you call that order that the Court issue after the conduct of the Pre-Trial Conference?
Pre-trial order.
Q8: What is the use of the Pre-Trial Order?

It controls the proceedings of the case. It serves as the “Bible” of the proceedings.
The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to
prevent manifest injustice. (R18, S7 last par)
Q9: Differentiate Notice of Pre-trial vs. Pre-trial Brief vs. Pre-trial Order
Notice of Pre-Trial Pre-Trial Brief Pre-Trial Order
Filed by the branch clerk of court Filed by the parties Issued by the Court
Q10: Who is the Court personnel who is mandated by the Court to issue a notice of pre-trial?
Branch clerk of court.
Q11: Is pre-trial mandatory in all trial courts?

Yes.
CF:
1. R18, S2
2. R118, S1 of the Rules on Criminal Procedure
3. Secs. 7 and 14 of the Revised Rules of Summary Procedure
4. Sec. 5, R8, 2018 Internal Rules of Sandiganbayan
5. Sec. 2, R11, Revised Rules of Court of Tax Appeals
6. Continuous trial rule (same day with arraignment)
Q12: When to conduct pre-trial?

After the last responsive pleading has been served and filed S1
Q13: When shall the Court conduct the Pre-trial of a case?

Not later than 60 calendar days from the filing of the last responsive pleading
Q14: The 5 calendar days are reckoned from when?

From filing of the last responsive pleading
Q15: How many days are given to the Court to terminate the Pre-Trial?
Should be terminated promptly (S2)
Q16: What are the General Purposes of Pre-Trial?

Procedural device used prior to the trial after the last responsive pleading has been served and filed, to narrow
down issues to be tried, to secure stipulations as to matters and evidence to be heard and to take all steps
necessary for the disposition of the case.
Q17: What are the specific purposes of Pre-trial? PSPLAPRS

R18, S2
1. Possibility of amicable settlement or submission to alternative modes of dispute resolution
2. Simplification of the issues
3. Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary
proof.
4. Limitation of the number and identification of witnesses and the setting of trial dates
5. Advisability of a preliminary reference of issues to commissioner
6. Proprietary of rendering judgment on the pleadings or summary judgment or dismissing the action
should a valid ground therefore be found to exist
7. Requirements of the parties to:
a. Mark their respective evidence if not yet marked in the JA
b. Examine and make comparisons of the adverse parties’ evidence vs copies to be marked
c. Stipulations regarding the faithfulness of the evidence
d. Reservation of evidence - not available at the pre-trial only on the following:
i. Testimonial
ii. Document Evidence
8. Such matters as may aid in the prompt disposition of the case.
Q18: Can the Court allow the parties to enter into a Compromise Agreement in the course of the pre
trial? Basis?
A: Yes S2, (h) - Such matters as may aid in the prompt disposition of the case.
Q19: What is the nature of pre trial?

Mandatory and should be terminated promtply
Q20: Why mandatory?

Same answer in Q4
Q21: Why is it needed to be terminated promptly?

You cannot go to presentation of evidence
Q22: What are the components of Pre-Trial?
1. Preliminary Conference
a. Pre-marking of exhibits
b. Naming of evidences
c. Preliminary identification of issues
2. PMC/CAM
3. JDR
4. Pre-Trial Proper
Q23: How does the Preliminary Pre-Trial Conference differ from Pre-trial Proper?
Q24: What is the effect of non-appearance during the PT proper, PMC/CAM, JDR?
A: Deemed non appearance at the pre-trial and has the same effect under S5 R18. A similar failure on the part
of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex-parte within
ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the
evidence offered.
Q25: Who are required to appear at the pre-trial?

A: Parties and counsel
Q26: Valid grounds for non-appearance?

A: Acts of God, force majeure, Duly substantiated physical inability.
Formula in Preparing Pre-Trial Brief

PTB = FR (R18, S6) + OR + service to other party (S6)
S7 (H) AM +
Sample of Pre-Trial Brief

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
PRE-TRIAL BRIEF
Plaintiff, by counsel, respectfully submits this Pre-Trial as follows:
I. Willingness to Submit the Case to Alternative Mode of Settlement
II. Intention to Avail of Modes of Discovery
III. Willingness to be abide to the possibility of Summary Judgment or Judgment on the Pleadings
IV. Concise Statement of Facts and Relief Prayed For
On December 1, 2019, Defendant borrowed money from Plaintiff in the amount of One Million Pesos
evideced by a Deed of Loan and Promissory Notes, both dated December 1, 2019. The loan is payable in five
(5) monthly installments beginning January 2, 2020 with 2% interest per annum. However, Defendant has not
made any payment despite receipt of the Demand Letter dated June 5, 2020.
Thus, Plaintiff filed the present case and prays for the payment of the loan in the amount of One Million
Pesos and the interest due as well as damages, attorney’s fees and cost of the suit.
V. Summary of Admitted Facts and Proposed Stipulation of Facts
1. Defendant borrowed money from Plaintiff in the amount of One Million Pesos with interest of 2% per
annum.
2. The loan is payable in 5 equal monthly installments beginning January 5, 2020.
3. Defendnant did not any amount of the loan.
4. Demand Letter was receveid by Defendant but still no payment was made.
VI. Issues to be Resolved
1. Factual: Whether Defendant is liable to pay Plaintiff the amount of One Million Pesos
2. Legal: Wheteher Defendant shall also pay the 2% interest, damages, attorney’s fees and cost of the
suit.
VII. Referral to Commissioners

Plaintiff is willing to submit the case to a Commissioner for the simplification of the factual issues of this
case.
VIII. Documentary Evidence
(title, brief description, purpose)

1. Deed of Loan dated December 1, 2019 as Exhibit “A”
Purpose: To prove the existence the object evidence
2. Promissory Note NO. 1234, dated December 1, 2019 as Exhibit “B”
Purpose:To show that indeed that Defendant borrowed; To show that the amount of loan
3. Office Memorandum dated _______ as Exhibit “C”
Purpose:
4. Demand Letter dated _______ as Exhibit “D”
Purpose:
With reservation as to other documents namely:

1. BDO Check
IX. Names of witnesses and Summary of Testimony
1. Mr. A, the Plaintiff

Nature of Testimony
2.
X. Applicable Laws and Jurisprudence
PRAYER
Plaintiff respectfully prays that this Court issue an Order taking note of the submission of this Pre-Trial
Brief.
Quezon City for Manila, (Date)
DEF LAW FIRM

Tel No.:
Email Address:
By:
xxx
Copy furnished:
Atty. W
Counsel of Plaintiff
(address)
EXPLANATION
(signed)
Atty. F
V. TRIAL
CONCEPTS
Q: What are the procedural requirements for the presentation of evidence?

1. It must be done in open court R132, S1
Requirements:
a. Open court
b. Under oath or affirmation
c. Answers must be given orally
Exceptions:
a. Incapacitated to speak
b. Questions calls for a different mode of answer
Example: By pointing to a man referring to the accused by the witness
With respect to child witness rule, if a child a witness and being examine by court
2. Proceedings must be recorded

Q: What is the best manifestation or proof that the proceedings are recorded?
Transcript of Stenographic Notes (TSN)
Q: Weight of the TSN?

Prima facie correct statement of such proceedings
What do you mean prima facie? It enjoys the weight unless rebutted; conclusive presumption; it
can be corrected
3. The rights of the witnesses must be respected (R132, S3) can also be in criminal procedure and
constitution; self incrimination
Order of Examination
Direct Examination (Proponent/plaintiff)---> Cross Examination (opponent/defendant)--->
Re-direct Examination (Proponent/plaintiff)->Re-cross Examination (opponent/defendant)
Hint:
Direct Exam, Define (R132, S5)

CF: Judicial Affidavit Rule
Q: Why is there a need for a direct examination?
- Is the examination in chief of a witness by the party presenting him or her on the facts relevant to the
issue
Q: What do we mean by examination in chief?

The first time the witness is called to witness stand. The witness is called for the first time by the proponent
Q: What is the purpose?

To give testimony relating to the facts that are relevant to the issue
Q: What is the extent?

Facts relevant to the issue
Cross Exam (R132, S6)

Q: Purpose:
a. To test his accuracy and truthfulness and freedom from interest, bias
b. To elicit all important facts bearing upon the issue
Q: Extent: on any relevant matter with sufficient fullness and freedom

Re-direct Exam (R132, S7)

Purpose: Supplement the answers
Q: Extent: to explain or supplement his answers given during the cross. Thus the focus of re-direct exam are
only those matters dealt during cross
Q: Can the counsel on re-direct examination ask questions not dealth with in cross?
GR: No, only matter dealth with during the cross
XPN: even outside the questions in cross upon discretion of the Court (R132, S7)
Re-cross Exam (R132, S8)

Purpose: to respond to matters that may have arisen during the re-examination of a witness.
Q: Extent:
1. Only on such matters stated in his re-direct
2. Such other matters as may be allowed by the court in its direction
**After the examination, court may ask clarificatory questions

Not require to do the examinations:
Example: Plaintiff
“The witness is excused”

“That would be all for the witness, Your Honor. I have no further questions.”
Q: After the examination of the witness by both sides and you want to elicit a statement from said witness who
was already excused, what is your remedy?
Recalling of witness (R132, S9)
Q: Requirements for recalling witness

1. With leave of court
2. In the interest of justice
VI. JUDICIAL AFFIDAVIT RULE A.M. NO. 12-8-8-SC
Concepts
Memorize Sworn Attestation of the Lawyer*

Sample of Sworn Attestation in Judicial Affidavit
SWORN ATTESTATION
I, ATTY. ______________, a member of the Philippine Bar in good standing, with office address at
________________________, after having sworn to in accordance with the law, hereby depose and state that:
1. I was the one who conducted the examination of witness _____________ [via online conference in
Zoom];
2. I faithfully recorded or cause to be recorded the questions I asked and the corresponding answers that
the witness gave; and
3. Neither I nor any other person then present or assisting me coached the witness regarding the latter’s
answers;
4. I attest to the truth and correctness of the above.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _____ 2021 in the
_________________
(Name of Law Office)

Counsel for the (Plaintiff/Respondent
&Name)
(Address)
(Email)
(Tel. No.)
BY:
(Name of Attorney)
IBP No. __________
PTR No. _________
MCLE Compliance No. _________
Roll No. _____
` SUBSCRIBED AND SWORN to before me this ___day of _________2021. Affiant exhibiting his/her
______________ valid until __________.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2021
VII. INCIDENTAL PLEADINGS
Sample of (Notice of) Entry of Appearance

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
(NOTICE OF) ENTRY OF APPEARANCE
Undersigned counsel, respectfully enters its appearance as counsel for (Plaintiff/Defendant) in the
above-captioned case. It is requested that all pleadings, orders and notices be served in the address indicated
below:
ABC LAW FIRM

(address)
(telephone number)
(email address)
Respectfully submitted.
(Date) (Place)
ABC LAW FIRM

(address)
(telephone number)
(email address)
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. ___________
Counsel for (Plaintiff/Defendant)
Address ________
Sample of (Notice of) Withdrawal of Appearance

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
(NOTICE OF) WITHDRAWAL OF APPEARANCE
Undersigned counsel, respectfully withdraws its appearance as counsel for

(Plaintiff/Defendant/Accused/Petitioner/Respondent) in the above-captioned case. It is requested that the
undersigned be relieved of all the legal obligations as such.
(Date) (Place)
ABC LAW FIRM

(address)
(telephone number)
(email address)
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:
Atty. ___________
Address ________
With conformity:
(Client)
Sample of Notice of Dismissal

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
NOTICE OF DISMISSAL
Plaintiff, by counsel, respectfully notifies this Honorable Court the plaintiff intends to dismiss the present
action filed against Defendant on the ground of misapprehension of facts.
(Date) (Place)
ABC LAW FIRM

(address)
(telephone number)
(email address)
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
With conformity:
(Client)
Copy furnished:
Atty. ___________
Address ________
Sample of Motion to Dismiss

MANILA, BRANCH 9
MR. A,
Plaintiff,

MR. B,
Defendant.
x ------------------------- -x
MOTION TO DISMISS
NOTE only: Under Section 2, Rule 17
Plaintiff, by counsel, respectfully states that:
1. Plaintiff filed this case on ____________.

2. Summons was personally served upon the defendant on _________.
3. Answer was (personally) served upon him _________.
4. After the filing of the present case, Plaintiff realized that there has been misapprehension of facts on his
part.
5. Upon thinking deeper on the legal repercussions of the case, he sees no reason to continue the case.
6. This motion was filed not to delay the proceedings but necessitated only by the said reason/s.
PRAYER
Plaintiff, prays that:
1. The Court takes note of this motion.

2. Issue an order dismissing this present case.
(Date) (Place)
ABC LAW FIRM

(address)
(telephone number)
(email address)
By:
(signed)
Atty. W
Roll no.
IBP No.
PTR No.
MCLE Compliance No.
Notice of Hearing and [although not required; still recommended in practice to include]
Copy furnished:
Branch Clerk of Court

Regional Trial Court of Manila, Branch ____
(Address)
Atty. ___________
Address ________
Greetings!
Please be informed that the present motion is submitted for the consideration of this Honorable Court on (date)
(time)
(signed)
Atty. Y
EXPLANATION
(signed)
Atty. Y
Sample of Demand Letter
(Date)
Mr. _______
(Address)
Dear Mr. ______________:
Our client, __________ endorsed to us the matter of your unsettled payment in the amount of __________,
representing the amount reflected in the Contract of Loan dated _____________.
Despite our repeated demands, you still failed and refused to pay the above amount up to present.
In view thereof, you are given the period of (how many days) upon receipt of this demand letter to pay the
amount of __________ plus (interest, if there is any depending on the agreement). Otherwise, we shall be
constrained to file the necessary legal action (s) against you to collect the said amount plus attorney’s fees as
well as litigation costs.
For any inquiries, you may contact me on the above-listed telephone numbers.
Very truly yours,
Atty. Y
Counsel for Mr. _____
Sample of Special Power of Attorney
SPECIAL POWER OF ATTORNEY
Mr. A, ________________________________, the Principal,
and
Mr. B, _______________________________, the Agent
Mr. A (Name of Principal), of legal age, single/married, Filipino, residing at ______________________,

do hereby appoint, name and constitute (Name of Agent), likewise of legal age, with residence at
_____________________ to be my true and lawful attorney-in-fact to act, for and in my stead, to do and
perform the following acts:
1. To sell….
2. To sign….
3. To receive
4. To do such any other acts or things that may be required necessary or incidental to carry out effectively
any and all of the purposes for which this authority is hereby given;
HEREBY GIVING AND GRATING unto said attorney-in-fact full power and authority to do and perform
any and avery act, and thing whatsoever requisite and necessary to done in and about the premises, as fully to
all intents and purposes as I might or could lawfully do if personally present and hereby ratifying and confirming
all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, we have hereunto affixed our signature this _____ day of _______________,
2021 at _________________.
- Or -
(Place) and (date)
Principal Agent
Witnesses
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality), this ____ day of ____________
personally appeared:
Name Identification Card Issued On/At
__________________ ___________________ __________________
__________________ ___________________ __________________

All known to me to be the same persons who executed the foregoing instrument consisting of ___
pages, including this page on which this acknowledgment is written, and who acknowledged to me the same is
their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL.
NOTARY PUBLIC
Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2021;
PLEADINGS ASSIGNED AND PREPARED BY EACH GROUP
Case Jurisdiction Legal Basis
Recovery of Possession MTC - <400K Accion publiciana is the plenary

(Accion Publiciana) RTC - 400K and above action to recover the right of
possession which should be
brought in the proper regional trial
court when dispossession has
lasted for more than one year. It is
an ordinary civil proceeding to
determine the better right of
possession of realty independently
of title. [Spouses Valdez, Jr. v.
Court of Appeals, 523 Phil. 39,
45-46 (2006)]
Specific Performance RTC Specific performance is ''[t]he

remedy of requiring exact
performance of a contract in the
specific form in which it was made,
or according to the precise terms
agreed upon. [It is t]he actual
accomplishment of a contract by a
party bound to fulfill it." Ayala Life
Assurance, Inc. v.Ray Burton
Development Corporation, 515
Phil. 431, 438 (2006),
Forcible Entry MTC Rule 70, Rules of Court

In particular, a complaint for
forcible entry must allege the
plaintiff's prior physical possession
of the property; the fact that
plaintiff was deprived of its
possession by force, intimidation,
threat, strategy, or stealth; and the
action must be filed within one
year from the time the owner or
the legal possessor learned of
their dispossession.26 On the
other hand, a complaint for
unlawful detainer must state that
the defendant is unlawfully
withholding possession of the real
property after the expiration or
termination of his or her right to
possess it; and the complaint is
filed within a year from the time
such possession became
unlawful.
Easement RTC Article 613 of the Civil Code, an

easement or servitude is an
encumbrance imposed upon an
immovable for the benefit of
another immovable belonging to a
different owner
Recovery of Damages MTC <2M

RTC 2M and above
Breach of Contract of Carriage of RTC

Goods

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Practice Court 1 - Atty.

I. CIVIL PROCEDURE FRAMEWORK 2

II. PARTS OF PLEADING 5

IV. PRE-TRIAL BRIEF 19

VI. JUDICIAL AFFIDAVIT RULE A.M. NO. 12-8-8-SC 26

VII. INCIDENTAL PLEADINGS 28

I. CIVIL PROCEDURE FRAMEWORK

Q: What is required for every civil action to survive?

Q: What are the 3 Requisites/elements of a cause of action?

Q: What are the sources of rights of the plaintiff?

Q: How does the defendant violate the right of the plaintiff?

Q: What do we need to inquire into for the determination of a cause of action?

Q: Cause of action the same as right of action? If no, why?

Q: Ultimate facts and evidentiary facts, are they the same?

Q: Why is it important to know the distinction between Filing and Service?

Q: Manner of filing (R13, S3)?

Q: Modes of Service (R13, S5)

Rules in the preparation of complaint: R2,3,4,6,7,8,9,10,11 and 13.

Q: Rule on docket fees.

Q: Options available to the plaintiff upon filing of the complaint?

Q: Grounds in R17, Sec 3.

Q: Modes under R17, Sec 3.

Q: What are the kinds of amendments?

Q: When to issue service summons?

Q: What is the purpose of summons?

Q: By whom served (R14, Sec 3)?

Q: When to issue alias summons?

Q: Modes of service of summons?

Q: What is the effect of filing an answer?

Q: What is the ground for Bill of Particular?

Q: What if no Answer was filed, what is the remedy of the plaintiff?

Q: Ground for Judgment on the Pleadings?

Q: Ground for Summary Judgment?

Q: After the pre-trial stage, what is the next stage?

Q: Post judgment remedies?

Last stage is execution.

II. PARTS OF PLEADING

Q: When we say “requirements of a pleading”, what do we mean by that?

Q: What are the two general requirements of a pleading?

b. Body* = R7, S2 + R7, S6 + R8, S1

■ What is the effect of an unsigned pleading?

d. Verification (R7, S4)*

Pleadings needed verification:

e. Certification Against Forum Shopping (R7, S5)*

Plaintiff, by counsel, states that:

WHEREFORE, premises considered, plaintiff respectfully prays that:

(Date), Makati for Manila

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Mr. X, of legal age, single, residing at Manila, respectfully states that:

IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.

Q: Are all motions must be in writing?

Q: Kinds of motion (under the Rules)

Q: What is a non-litigious motion?

Requirements of Litigious Motion

Q: Purpose of Notice of Hearing?

Q: If the motion filed is non-litigous, is there still a need to file opposition?

Q: Is notice of hearing still required in a non litigous motion?

Omnibus Motion Rule (S9)

Prohibited Motions (S12)