SUMMONS – is the writ by which he defendant is notified of the action brought against

him.
RULE 14 SECTION 8. Service upon entity without juridical personality. — When
persons associated in an entity without juridical are sued under the name by which they
are generally and commonly known, service may be effected upon all the defendants by
serving upon any one of them, or upon the person in charge of the office or place of
business maintained in such name. But such service shall not bind individually any
person whose connection with the entity has, upon due notice, been severed before the
action was brought. (9a)

RULE 16
Motion to Dismiss
SECTION 1. Grounds. — Within the time for but before filing the answer to the
complaint or pleading asserting a claim, a motion to dismiss may be made on any of the
following grounds:
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff’s pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is unenforceable under the provisions
of the statute of frauds;
(j) That a condition precedent for filing the claim has not been complied with. (1a)

RULE 16 SECTION 5. Effect of dismissal. — Subject to the right of appeal, an order

granting a motion to dismiss based on paragraphs (f), (h) and (i) of section 1 hereof
shall bar the refiling of the same action or claim. (n)

RULE 17
Dismissal of Actions
SECTION 1. Dismissal upon notice by the plaintiff . — A complaint may be dismissed by
the plaintiff by filing a notice of dismissal at any time before service of the answer or of a
motion for summary judgment. Upon such notice being filed, the court shall issue an
order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is
without prejudice, except that a notice operates as an adjudication upon the merits
when filed by a plaintiff who has once dismissed in a competent court an action based
on or including the same claim. (1a)
SECTION 2. Dismissal upon motion of plaintiff . — Except as provided in the preceding
section, a complaint shall not be dismissed at the plaintiff’s instance save upon approval
of the court and upon such terms and conditions as the court deems proper. If a
counterclaim has been pleaded by a defendant prior to the service upon him of the
plaintiff’s motion for dismissal, the dismissal shall be without prejudice to the right of the
defendant to prosecute his counterclaim in a separate action unless within fifteen (15)
days from notice of the motion he manifests his preference to have his counterclaim
resolved in the same action. Unless otherwise specified in the order, a dismissal under
this paragraph shall be without prejudice. A class suit shall not be dismissed or
compromised without the approval of the court. (2a)
SECTION 3. Dismissal due to fault of plaintiff . — If, for no justifiable cause, the plaintiff
fails to appear on the date of the presentation of his evidence in chief on the complaint,
or to prosecute his action for an unreasonable length of time, or to comply with these
Rules or any order of the court, the complaint may be dismissed upon motion of the
defendant or upon the court’s own motion, without prejudice to the right of the defendant
to prosecute his counterclaim in the same or in a separate action. This dismissal shall
have the effect of an adjudication upon the merits, unless otherwise declared by the
court. (3a)
SECTION 4. Dismissal of counterclaim, cross-claim or third-party claim. — The
provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or
third-party complaint. A voluntary dismissal by the claimant by notice as in section 1 of
this Rule, shall be made before a responsive pleading or a motion for summary
judgment is served or, if there is none, before the introduction of evidence at the trial or
hearing. (4a)

Pre- Trial
SECTION 1. When conducted. — After the last pleading has been served and filed, it
shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-
trial. (5a, R20)

SECTION 2. Nature and purpose. — The pre-trial is mandatory. The court shall
consider:
(a) The possibility of an amicable settlement or of a submission to alternative modes of
dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents to
avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of
dismissing the action should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the action. (1a, R20)

SECTION 5. Effect of failure to appear. — The failure of the plaintiff to appear when so
required pursuant to the next preceding section shall be cause for 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 shall be cause to allow the plaintiff to present
his evidence ex parte and the court to render judgment on the basis thereof. (2a, R20)
 RULE 19
Intervention
SECTION 1. Who may intervene. — A person who has a legal interest in the matter in
litigation, or in the success of either of the parties, or an interest against both, or is so
situated as to be adversely affected by a distribution or other disposition of property in
the custody of the court or of an officer thereof may, with leave of court, be allowed to
intervene in the action. The court shall consider whether or not the intervention will
unduly delay or prejudice the adjudication of the rights of the original parties, and
whether or not the intervenor’s rights may be fully protected in a separate proceeding.
(2[a], [b]a, R12)
SECTION 2. Time to intervene. — The motion to intervene may be filed at any time
before rendition of judgment by the trial court. A copy of the pleading-in-intervention
shall be attached to the motion and served on the original parties. (n)
SECTION 3. Pleadings-in-intervention. — The intervenor shall file a complaint-in-
intervention if he asserts a claim against either or all of the original parties, or an
answer-in-intervention if he unites with the defending party in resisting a claim against
the latter. (2[c]a, R12)
SECTION 4. Answer to the complaint-in-intervention. — The answer to the complaint-in-
intervention shall be filed within fifteen (15) days from notice of the order admitting the
same, unless a different period is fixed by the court. (2[d]a, R12)

MODES OF DISCOVERY
(RULES 23-29)
DISCOVERY – disclosure of facts resting in the
knowledge of the defendant, or as production of
deeds, writings, or things in his possession or power,
in order to maintain the right or title of the party
asking it, in a suit or proceeding. [Insular Life
Assurance Co., Ltd. v. CA, 238 SCRA 88, 92 (1994)]
PURPOSE OF THE MODES OF DISCOVERY
1. to narrow and clarify basic issues between
the parties,
2. as a device for ascertaining the facts relative
to those issues
3. to support a motion for summary judgment.
(Rule 35

MODES OF DISCOVERY UNDER THE RULES OF

COURT
1. Depositions pending action (Rule 23)
2. Depositions before action or pending appeal
(Rule 24)
3. Interrogatories to parties (Rule 25)
4. Admission by adverse party (Rule 26)
5. Production or inspection of documents, or
things (Rule 27)
6. Physical and mental examination of persons
(Rule 28)

RULE 23
Depositions Pending Action
SECTION 1. Depositions pending action, when may be taken. — By leave of court after
jurisdiction has been obtained over any defendant or over property which is the subject
of the action, or without such leave after an answer has been served, the testimony of
any person, whether a party or not, may be taken, at the instance of any party, by
deposition upon oral examination or written interrogatories. The attendance of
witnesses may be compelled by the use of a subpoena as provided in Rule 21.
Depositions shall be taken only in accordance with these Rules. The deposition of a
person confined in prison may be taken only by leave of court on such terms as the
court prescribes. (1a, R24)

RULE 24
Depositions Before Action or Pending Appeal
SECTION 1. Depositions before action; petition. — A person who desires to perpetuate
his own testimony or that of another person regarding any matter that may be
cognizable in any court of the Philippines, may file a verified petition in the court of the
place of the residence of any expected adverse party. (1a, R134)

RULE 30 SECTION 5. Order of trial. — Subject to the provisions of section 2 of Rule

31, and unless the court for special reasons otherwise directs, the trial shall be limited to
the issues stated in the pre-trial order and shall proceed as follows:
(a) The plaintiff shall adduce evidence in support of his complaint;
(b) The defendant shall then adduce evidence in support of his defense, counterclaim,
cross-claim and third-party complaint;
(c) The third-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim and fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts
pleaded by them;
(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall
adduce evidence in support of their defense, in the order to be prescribed by the court;
(f) The parties may then respectively adduce rebutting evidence only, unless the court,
for good reasons and in the furtherance of justice, permits them to adduce evidence
upon their original case; and
(g) Upon admission of the evidence, the case shall be deemed submitted for decision,
unless the court directs the parties to argue or to submit their respective memoranda or
any further pleadings.
If several defendants or third-party defendants, and so forth, having separate defenses
appear by different counsel, the court shall determine the relative order of presentation
of their evidence. (1a, R30)

RULE 31
 Consolidation or Severance
SECTION 1. Consolidation. — When actions involving a common question of law or fact
are pending before the court, it may order a joint hearing or trial of any or all the matters
in issue in the actions; it may order all the actions consolidated; and it may make such
orders concerning proceedings therein as may tend to avoid unnecessary costs or
delay.

SECTION 2. Separate trials. — The court, in furtherance of convenience or to avoid

prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-
party complaint, or of any
separate issue or of any number of claims, cross-claims, counterclaims, third-party
complaints or issues. (2a)

REQUISITES FOR CONSOLIDATION:

1. Actions which involves a common question of
law or fact; and
2. The actions are pending before the same
court.
• If filed with different courts, authorization
from the SC is necessary.

RULE 33
Demurrer to Evidence
SECTION 1. Demurrer to evidence. — After the plaintiff has completed the presentation
of his evidence, the defendant may move for dismissal on the ground that upon the
facts and the law the plaintiff has shown no right to relief. If his motion is denied, he
shall have the right to present evidence. If the motion is granted but on
appeal the order of dismissal is reversed he shall be deemed to have waived the right to
present evidence.

RULE 34
Judgment on the Pleadings
SECTION 1. Judgment on the pleadings. — Where an answer fails to tender an issue,
or otherwise admits the material allegations of the adverse party’s pleading, the court
may, on motion of that party, direct judgment on such pleading. However, in actions for
declaration of nullity or annulment of marriage or for legal separation, the material facts
alleged in the complaint shall always be proved. (1a, R19)
RULE 35
Summary Judgments
SECTION 1. Summary judgment for claimant. — A party seeking to recover upon a
claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time
after the pleading in answer thereto has been served, move with supporting affidavits,
depositions or admissions for a summary judgment in his favor upon all or any part
thereof. (1a, R34)

RULE 36 SECTION 1. Rendition of judgments and final orders. — A judgment or final

order determining the merits of case shall be in writing personally and directly prepared
by the judge, stating clearly and distinctly the facts and the law on which it is based,
signed by him, and filed with the clerk of the court.
SECTION 2. Entry of judgments and final orders. — If no appeal or motion for new trial
or reconsideration is filed within the time provided in these Rules, the judgment or final
order shall forthwith be entered by the clerk in the book of entries of judgments. The
date of finality of the judgment or final order shall be deemed to be the date of its entry.
The record shall contain the dispositive part of the judgment or final order and shall be
signed by the clerk, with a certificate that such judgment or final order has become final
and executory.

A judgment becomes "final and executory" by operation of law. Finality of judgment

becomes a fact upon the lapse of the reglementary period to appeal if no appeal is
perfected.

RULE 37
New Trial or Reconsideration
SECTION 1. Grounds of and period for filing motion for new trial or reconsideration. —
Within the period for taking an appeal, the aggrieved party may move the trial court to
set aside the judgment or final order and grant a new trial for one or more of the
following causes materially affecting the substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably been
impaired in his rights;
(b) Newly discovered evidence, which he could not, with reasonable diligence, have
discovered, and produced at the trial, and which if presented would probably alter the
result;
Within the same period, the aggrieved party may also move for reconsideration upon
the grounds that the damages awarded are excessive, that the evidence is insufficient
to justify the decision or final order or that decision or final order is contrary to law. (1a)

RULE 37 SECTION 6. Effect of granting of motion for new trial. — If a new trial is
granted in accordance with the provisions of this Rule, the original judgment or final
order shall be vacated, and the action shall stand for trial de novo, but the recorded
evidence taken upon the former trial, in so far as the same is material and competent to
establish the issues, shall be used at the new trial without retaking the same. (5a)

RULE 38 SECTION 1. Petition for relief from judgment, order, or other proceedings. —
When a judgment or final order is entered, or any other proceeding is thereafter taken
against a party in any court through fraud, accident mistake, or excusable negligence,
he may file a petition in such court and in the same case praying that the judgment,
order or proceeding be set aside. (2a)

RULE 39 SECTION 1. Execution upon judgments or final orders.— Execution shall

issue as a matter of right, on motion, upon a judgment or order that disposes of the
action or proceeding upon expiration of the period to appeal therefrom if no appeal has
been duly perfected. chanroblespublishingcompany
If the appeal has been duly perfected and finally resolved, such execution may forthwith
be applied for in the lower court from which the action originated, on motion of the
judgment obligee, submitting therewith certified true copies of the judgment or
judgments or the final order or orders sought to be enforced and of the entry thereof,
with notice to the adverse party. chanroblespublishingcompany
The appellate court may, on motion in the same case, when the interest of justice so
requires, direct the court of origin to issue the writ of execution.

RULE 39 SECTION 13. Property exempt from execution. — Except as otherwise

expressly provided by law, the following property, and no other, shall be exempt from
execution:
(a) The judgment obligor’s family home as provided by law, or the homestead in which
he resides, and land necessarily used in connection therewith;
(b) Ordinary tools and implements personally used by him in his trade, employment, or
livelihood;
(c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as
the judgment obligor may select necessarily used by him in his ordinary occupation;
(d) His necessary clothing, and articles for ordinary personal use, excluding jewelry;
(e) Household furniture and utensils necessary for housekeeping, and used for that
purpose by the judgment obligor and his family, such as the judgment obligor may
select of a value not exceeding one hundred thousand pesos;
(f) Provisions for individual or family use sufficient for four months;
(g) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding three thousand pesos in value;
(h) One fishing boat and accessories not exceeding the total value of one hundred
thousand pesos owned by a fisherman and by the lawful use of which he earns his
livelihood;
(i) So much of the salaries, wages, or earnings of the judgment obligor for his personal
services within the four months preceding the levy as are necessary for the support of
his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of
any life insurance;
(l) The right to receive legal support, or money or property obtained as such support, or
any pension or gratuity from the Government;
(m) Properties especially exempted by law.
But no article or species of property mentioned in this section shall be exempt from
execution issued upon a judgment recovered for its price or upon a judgment of
foreclosure of a mortgage thereon. (12a)