Professional Documents
Culture Documents
CIVIL PROCEDURE
PART 2: ORDINARY CIVIL ACTIONS
may be inconsistent with a right to relief against as belief as to the truth of the complaint’s
the other. allegations.
d) Specific denial under oath = Contests
the authenticity or due execution of an
DEATH OF PARTY DURING THE actionable document and sets forth what
are claimed to be the facts.
PENDENCY OF THE ACTION o Actionable document = Contains
the COA; not merely evidentiary.
CLAIM NOT EXTINGUISHED BY DEATH o Actionable document’s genuineness
o Counsel’s duty to inform the court within 30 days and due execution are deemed
and to give legal representatives’ names. admitted unless specifically denied.
o Heirs will be substituted. If minor heirs, appoint o X: Defendant is not party to the
guardian ad litem. document.
o If no legal representative is named, opposing e) Negative pregnant = Denial pregnant
party to procure the appointment the estate’s with an admission.
executor/administrator. o Allegations not specifically denied are deemed
admitted.
IF PARTY IS A PUBLIC OFFICER o X:
o Requisites for substitution: 1) Amount of unliquidated damages;
1) Public officer is a party in his official capacity; 2) Allegations immaterial to COA;
2) Pending the action, he dies/resigns; 3) Conclusions of law.
3) Within 30 days after the successor takes
office, it is shown that there is a substantial
need to continue/maintain the action;
COUNTERCLAIMS
4) Successor adopts/continues (or threatens) his
predecessor’s action; &
5) Successor was given notice and opportunity to = Defendant’s claim against an opposing party.
be heard.
COMPULSORY COCL
ACTION ON CONTRACTUAL MONEY CLAIMS = Requisites:
o If defendant dies before entry of final judgment in 1) Arises out of, or necessarily connected with,
the court in which the action was pending at the the transaction/occurrence that is the SM of
time of such death, case not dismissed but shall the opposing party's claim;
continue until entry of final judgment. 2) Does not require for its adjudication the
o If judgment favorable to plaintiff, enforced as presence of 3rd parties of whom the court
claim against deceased defendant’s estate. cannot acquire jurisdiction; &
3) Must be within the court’s jurisdiction.
o COCL not set up in the answer is deemed barred.
o X: COCL acquired by the party after serving
PLEADINGS his answer (which may be pleaded by a
supplemental pleading before judgment).
CERTIFICATE OF NON-FORUM SHOPPING o Test: Logical relationship test = If trial involves
o Forum shopping = Simultaneous/successive many of the same factual and legal issues.
filing of multiple suits in different courts, involving
the same parties, on the same/related COAs cf: CROSS-CLAIM
and/or for the same or substantially the same = Requisites:
relief. 1) Claim by one party against a co-party;
o Test: WON in the 2 or more cases pending, there 2) Arises out of the SM of the complaint/COCL; &
is identity of: 3) Cross-claimant is prejudiced by the claim
1) Parties; against him by the opposing party.
2) Rights/COAs; & o CRCL is always compulsory. Barred if not set up.
3) Relief sought. o X:
o CNFS is to be executed by the petitioner, not by 1) If outside the court’s jurisdiction;
the counsel. 2) Permissive CRCL = 3rd parties are
o CNFS is required only for initiatory pleadings. necessary for adjudication + Court cannot
o CNFS is not required in a COCL since it is not acquire jurisdiction over them.
an initiatory pleading.
o Failure to comply: Not curable by mere
amendment; cause for the dismissal of the case,
AMENDMENT OF PLEADING
without prejudice and upon motion and after
hearing.
o Kinds:
DEFENSES 1) Formal amendments = Clearly clerical
o Kinds: errors may be summarily corrected.
1) Affirmative defenses = Confession + o At any stage of the action.
Avoidance. Assuming arguendo claimant’s o Provided: No prejudice to adverse party.
allegations, new matters alleged by defendant 2) Substantial amendments
still bar recovery. a) If a matter of right: Any time before a
2) Negative defenses = Specific denials of responsive pleading is served.
claimant’s material allegations. b) If a matter of discretion
a) Specific denial = Specifies each material = Substantial + Responsive pleading
allegation belied + Sets forth the already served.
substance of the matters upon which he o Requires court’s leave.
relies to support his denial. o When amendment by leave of court is not
b) Denial with qualification = Specifies allowed:
allegations admitted + Denies the rest. 1) If case’s COA/defense/theory is changed;
c) Specific denial for lack of 2) If for conferring jurisdiction to court;
knowledge/information sufficient to form 3) If for curing a premature/non-existing COA;
4) If for delay.
DEMURRER TO EVIDENCE
TRIAL
= After plaintiff’s presentation of evidence,
defendant moves for dismissal because plaintiff PRE-TRIAL
showed no right to relief upon the facts and the = Mandatory conference of parties and counsels
law. before the judge, called by the court after the
o If denied, defendant may present evidence. joinder of issues or after the last pleading has
o If granted but order of dismissal is reversed on been filed and before trial.
appeal, defendant is deemed to have waived the o For settling the litigation expeditiously.
right to present evidence. o Duty of parties and counsels to appear in pre-trial.
o Party’s non-appearance excused only if either:
1) Valid cause is shown for it;
2) A representative appears in his behalf, fully
DEFAULT
authorized in writing:
a) To enter into an amicable settlement;
= Defendant’s failure to answer within the proper b) To submit to alternative dispute
period. resolution; &
o Order of default = Interlocutory order issued on c) To enter into stipulations.
plaintiff’s motion, for defendant’s failure to o Parties shall file and serve their pre-trial briefs.
seasonably file his responsive pleading. Brief must be received by adverse party at least 3
o Judgment by default = Final judgment rendered days before the pre-trial date.
after a default order or plaintiff’s ex parte o Pre-trial order shall control the subsequent course
evidence. of the action.
o Contents of pre-trial order:
ELEMENTS OF A VALID DECLARATION OF 1) Matters taken up in the conference;
DEFAULT 2) Action taken thereon;
1) Jurisdiction over defendant’s person; 3) Amendments allowed on the pleadings;
2) Defendant fails to answer within allowed time; 4) Parties’ agreements/admissions; &
3) Motion to declare the defendant in default; 5) If action shall proceed to trial, definition and
4) Serving defendant a copy of the motion; & limit of issues to be tried.
5) Proof of failure to answer.
CONSOLIDATION OF TRIAL
CASES WHERE NO DEFAULTS ARE ALLOWED = If actions involving common question of law/fact
1) Annulment of marriage, declaration of nullity of are pending before the court, it may order a joint
marriage, and legal separation; hearing/trial or consolidation of all actions.
2) Special civil actions of certiorari, prohibition and
mandamus. SEVERANCE OF TRIAL
= Court may issue separate trials for convenience or
EFFECT OF ORDER OF DEFAULT to avoid prejudice:
1) Party in default loses standing as a party litigant. 1) Of any claim, COCL, CRCL 3rd-party
2) Party in default entitled to notice of subsequent complaint;
proceedings, but not to take part in the trial. 2) Of any separate issue;
3) Court to grant relief as claimant’s pleading 3) Of any number of claims, COCLs, CRCLs, 3rd-
warrants. party complaints or issues.
o But court may require claimant to submit
evidence.
o Award not to exceed the amount or be
different in kind from that prayed for.
JUDGMENT
o Cannot award unliquidated damages.
JUDGMENT ON THE PLEADINGS
RELIEF FROM ORDER OF DEFAULT o Grounds:
o Before judgment, party declared in default may 1) Answer fails to tender an issue;
move to set aside the order of default. = Merely general/insufficient denial of
o Must show: complaint’s material allegations.
1) That his failure to answer was due to FAME; & 2) Answer admits the adverse party’s pleading’s
2) That he has a meritorious defense. material allegations.
o Cases where JOP is not allowed and complaint’s
PARTIAL DEFAULT allegations of material facts must be proved:
= If claim states a common COA against several 1) Declaration of nullity of marriage;
defendants and not all defendants answer, court 2) Annulment of marriage;
to try the case against all defendants upon the 3) Legal separation.
answers filed and evidence presented.
SUMMARY JUDGMENT
judgment rendered in the exercise of its When Before judgment After judgment
original jurisdiction and the prevailing party in available becomes final and becomes final
said decision seeks immediate execution executory and executory
during the pendency of an appeal. CA has no Period to file Within the time to Within 60 days
authority to issue immediate execution petition appeal from knowledge
pending appeal of its own decisions therein. of judgment
o Filing of a supersedeas bond is sufficient to stay AND within 6
the enforcement of a discretionary execution. months from
o X: Since the suspension of execution is not a entry of
matter of right, if the needs of the prevailing judgment
party are urgent, the court can order Scope of Applies to Judgments, final
immediate execution despite the bond. application judgments and final orders, and
orders only other
proceedings:
EXECUTION OF MONETARY JUDGMENTS
- Land
1) Immediate payment upon demand.
Registration;
2) Levy = Officer appropriates the whole/part of - Special
judgment debtor’s property for a prospective Proceedings;
execution sale. - Order of
3) Garnishment of debts and credits = Levying Execution.
an incorporeal property in the hands of 3rd Grounds 1) FAME; FAME
persons. 2) Newly discovered
evidence
Nature Legal remedy Equitable
POST-JUDGMENT REMEDIES remedy
Verification Motion need not be Petition must be
Remedies against a judgment verified verified
A. Before a judgment becomes final and executory:
1) MFR; ANNULMENT OF JUDGMENT
2) MNT; o Applicability:
3) Appeal. o For annulment by CA of RTC judgments in
B. After the judgment becomes final and executory: civil actions, if MNT/appeal/PFR or other
1) Petition for relief from judgment; appropriate remedies are no longer available
2) Action to annul a judgment; without petitioner’s fault.
3) Certiorari;
o If annulment of MTC judgment, filed in RTC
4) Collateral attack of a judgment that is void on
and treated as ordinary civil action.
its face.
o Grounds:
1) Extrinsic fraud – File within 4 years from
MOTION FOR NEW TRIAL / RECONSIDERATION
discovery.
o Must be filed within the period for appeal.
o X: If ground was availed or could have
o Period for appeal: Within 15 days after notice
been availed of in MNT/PFR.
of the judgment.
2) LOJ – File before barred by laches/estoppels.
o No motion for extension of time for filing
o Effect of judgment of annulment:
MNT/MFR is allowed.
o Sets aside the questioned judgment as null
o Filing of a timely MNT/MFR interrupts the
and void, without prejudice to the original
period to appeal.
action being refiled in the proper court.
o No appeal from an order denying a MNT/MFR.
o But if ground is extrinsic fraud, court may
o Remedies if MNT/MFR is denied:
order trial in TC as if a timely MNT was
1) Appeal from the judgment itself;
granted.
2) Order denying the MNT/MFR may be
o If questioned judgment was already executed,
assailed by a petition for certiorari under
order of restitution or other just and equitable
Rule 65.
relief.
o MNT/MFR is not a prerequisite to an appeal, PFR
o Prescriptive period for the refiling of the
or a petition for review on certiorari.
original action is suspended from the filing of
the original action until the finality of the
grant of MFR grant of MNT
judgment of annulment. But period not
The court may amend the The original judgment suspended if the extrinsic fraud is attributable
judgment or final order shall be vacated, and the to the plaintiff in the original action.
accordingly. The action shall stand for trial
amended judgment is in de novo. The recorded
the nature of a new evidence upon the former
APPEAL
judgment, which trial shall be used at the
supersedes the original new trial without retaking
judgment them (if they are material mode of appeal Applicability
and competent).X Ordinary appeal Rule 40 Appeal to RTC of MTC
judgment/final order
RELIEF FROM JUDGMENT Rule 41 Appeal to CA of RTC
= Seeks to set aside a judgment because petitioner judgment/final order
was: rendered in exercise of
1) Unjustly deprived of a hearing; RTC's original
2) Prevented from taking an appeal because of jurisdiction
FAME. Petition for review Rule 42 Appeal to CA of RTC
o Party who timely filed a MNT/MFR can no longer judgment/final order
file a petition for RFJ after the MNT/MFR was rendered in exercise of
denied. These remedies are mutually exclusive. RTC's appellate
jurisdiction
MNT/MFR RFJ (Rule 38)
(Rule 37)
Rule 43 Appeal to CA of QJA = Writs and processes available during the pendency
judgments/final of the action which may be resorted to
orders/awards/ preserve/protect parties’ rights/interest.
resolutions rendered in o Ancillary or auxiliary remedies.
exercise of quasi- o To secure the judgment or preserve the status
judicial functions quo.
Appeal by Rule 45 Appeal to SC where o All inferior courts can grant provisional remedies,
certiorari (petition only questions of law
provided: the main action is within their
for review on are raised/involved
jurisdiction.
certiorari)
o Orders granting/denying provisional remedies are
merely interlocutory.
ORDINARY APPEAL
o Fresh period rule = Period for appeal is
interrupted by a timely MNT/MFR.
o Motion for extension of time to file MNT/MFR PRELIMINARY ATTACHMENT
not allowed.
o Applicability: O Purposes:
1) Rule 40 on appeals from MTC to RTC. 1) To seize the debtor’s property in advance and
2) Rule 42 on petitions for review from RTC hold it as security for satisfying the judgment.
to CA. 2) To acquire jurisdiction over the action when
3) Rule 43 on appeals from QJA to CA. personal service of summons cannot be made.
4) Rule 45 on appeals by certiorari to SC.
O Applicability of ordinary appeal: To judgments or
final orders that completely dispose of either: PRELIMINARY INJUNCTION
1) The case;
2) A particular matter in the case, when declared o Preliminary preventive injunction = Order
by ROC to be appealable. granted by the court where the action/proceeding
o Interlocutory order = Does not dispose of the is pending at any stage of an action/proceeding
case but leaves something else to be done on the prior to the judgment requiring a party or a court,
merits of the case. For purposes of appeal, an agency or a person to refrain from a particular
order is final if it disposes of the entire case. act/s.
o Preliminary mandatory injunction = Requires
APPEAL BY CERTIORARI TO SC the performance of a particular act/s.
o Review is not a matter of right, but of sound o Purpose: To prevent future injury and maintain
judicial discretion. the status quo.
o Reasons considered in exercising review power: o Requisites:
a) Case of first impression; 1) Applicant is entitled to the relief demanded;
b) Power of supervision over lower courts. 2) Relief consists in restraining or requiring the
o Question of law = When controversy is as to commission/continuance of the act/s;
what the law is on a certain state of facts; 3) Commission/continuance/non-performance of
o Question of fact = When controversy is as to the the act/s during the litigation would probably
truth of the facts alleged. work injustice to the applicant; &
o CA’s findings of fact are final and conclusive and 4) The act/s are probably violative of the
cannot be reviewed on appeal to the SC, applicant’s rights and tend to render the
provided: there is substantial evidence. judgment ineffectual.
o X: CA’s findings of fact may be reviewed by o Hearing and prior notice to the party/person
the SC on appeal by certiorari when: sought to be enjoined is required.
1) Conclusion is a finding grounded entirely on o X:
speculations/surmises/ conjectures; 1) Great/irreparable injury to the applicant
2) Inference made is manifestly before it can be heard on notice.
mistaken/absurd/impossible; o May issue a TRO effective for 20 days
3) There is GAD in the appreciation of facts; from service on the party sought to be
4) Judgment is based on a misapprehension of enjoined.
facts; o Irreparable injury = Of such constant
5) CA’s findings of fact are conflicting; and frequent recurrence that no
6) CA, in making its findings, went beyond the fair/reasonable redress in court or there is
issues of the case and the same is contrary to no standard by which their amount can be
the admissions of both parties; measured with reasonable accuracy.
7) CA manifestly overlooked certain relevant 2) Matter is of extreme urgency and the
facts not disputed by the parties and which, if applicant will suffer grave injustice and
properly considered, would justify a different irreparable injury
conclusion; o May issue ex parte a TRO effective for 72
8) CA’s findings of fact are contrary to those of hours from issuance.
the TC, or are mere conclusions without o Within 72 hours, judge shall conduct a
citation of specific evidence, or where the summary hearing to determine WON the
facts set forth by the petitioner are not TRO shall be extended until the
disputed by the respondent, or where the application for preliminary injunction can
findings of fact of the CA are premised on be heard.
absence of evidence but are contradicted by o Maximum period of TRO’s effectivity: 20
the evidence of record. days.
o Rule 65 cannot cure the failure to appeal thru Rule o If issued by CA: 60 days.
45. o If by SC: Until further orders.
o If the application for preliminary injunction is
denied or not resolved within the 20 days, the
PART 3: PROVISIONAL REMEDIES TRO is deemed automatically vacated.
o TRO’s effectivity of a TRO is not extendible.
Court cannot extend/renew it on the same
ground for which it was issued.
SUMMARY PROCEDURE IN
METC/MTC/MCTC