RULE I Q. When does an action deemed commenced? A. An action is deemed commenced upon the filing of the complaint.
This is the provision of the old rule. But this old rule that an action is deemed commenced as of the date the complaint is filed has been amended to include a provision which envisions a case when the action is already filed and is amended to include an additional defendant. Example: The case was filed Dec.2, !!" by A against B only. #nder this rule, the action is deemed commenced on Dec. 2, !!" in so far as only A and B are concerned. $n . Dec %, !!" A filed an amended complaint including now &. Q. When is this action deemed commenced? A. 'nsofar as A and B are concerned, the action is deemed commenced on Dec. 2, !!". But insofar as it concerns A and &, the action is deemed commenced on Dec. %, !!" (as to &). *. Why do we distinguish the date of commencement of an action in this situation where the additional defendant? A. Because we have the law on prescription. is an
At the time the case was filed on Dec. , !!", the action against B may not yet have prescribed. But when the complaint was amended on Dec. %, !!", the action of A against B and & may have already prescribed. That is why it is necessary to consider the situation li+e this when the action is being commenced with respect to an additional defendant. RENE NOTES: 1) An action is commenced by the filing of the complaint and the payment of the requisite docket fees within the prescriptive period, this notwithstanding that summons was served on the defendant after the prescriptive period. 2) An action can be commenced by filing the complaint by registered mail. It is the date of the mailing that is considered as the date of filing, and not the date of the receipt thereof by the clerk of court. ) !he amount of damages in the body of prayer of the pleading must enable the clerk of court to compute the docket fees required. ") !he court may allow the payment of the deficient docket fee within a reasonable period but not beyond the applicable prescriptive period. With respect to actions, we have retained the provisions of the old code. With respect to some sub,ect matter under the old rule, a party plaintiff can file only one complaint based on one single cause of action. -e cannot split its cause of action. And when he splits his cause of action, the subse.uent actions maybe the sub,ect of a motion to dismiss. This rule has been retained in the /ew 0ules in &ivil 1rocedure. Example2 (3plitting of causes of action which have been retained) /ote2 3ame parties A is a resident of 3ulu, B is of Batanes. There is a piece of land located in 3orsogon. The causes of action of A against B are as follows2 ) sum of money involving 1244,444.44 2) reindivicacion over the lot valued at 154,444.44 Q. &an A file a complaint against B ,oining in one complaint the action for sum of money and the action for reinvidicacion (if it can, with what court and place)? A. 6et us vary the facts, the claim for money is 124 ,444.44. The value of the property is 1 !,444.44 Q. &an A file only one complaint incorporating therein the sum of money of 124 ,444.44 and reindivicacion of lot valued at 1 !,444.44?
Sec. 5 Rule 2(rules on joinder of causes of action A party may in one pleading assert, in the alternatives or otherwise, as many causes of action as he may have against an opposing party, sub,ect to the following conditions2 a. the party joining the causes of action shall comply with the rules on joinder of parties; b. the joinder shall not include special civil action or actions governed by special rules; c. where the causes of action are between the same parties but pertain to different venue of jurisdictions, the joinder may be allowed in the RTC provided one of the cases of action falls within the jurisdiction of said court and the venue lies herein; and d. where the claims in all the causes of action are principally for recovery of money the aggregate amount claimed shall be the test of jurisdiction.
The rule on ,oinder is as follows2 A party may ,oin two or more causes of action which he has in his favor in only one complaint. 3o if A has 4 causes of action against B, instead of A filing 4 separate action against B, he may be allowed to file only one complaint, and incorporating therein all the 4 causes of action. Q. A. 3upposing his causes of action pertain to different venues or ,urisdiction where will A, the plaintiff, file his 4 causes of action embodied only one complaint? The rule is, if these 4 causes of action pertain to different venues, the action may be filed in the appropriate 0T& provided that the venue of the action lies therein.
'n the former e7ample, the first action was the sum of money involving 1244,444.44 only and the second cause of action is reinvidicacion involving 154,444.44. 3ince A is not obliged to allege all causes of action in one complaint, he may elect to file two separate actions2 ) A vs. B for sum of money 2) A vs. B for reindivicacion. Q. 'f he were to file this action for sum of money only, in what court of what place may A file the complaint? A. 8ou apply 0ule 9 venue 3ince this is a personal action for sum of money, the venue could be the residence of plaintiff A, or the residence of the defendant B at the election of A. 3o this case can be filed either in 3ulu or Batanes. Q. A. Q. A. Q. A. 'n what court in 3ulu or in Batanes may this action of A be filed? &onsidering the amount which is only 1244,444.44, this is within the ,urisdiction of :T&. 3o this case can be filed either in the :T& of 3ulu or in the :T& of Batanes. 'f A were to file an action for reindivicacion, over this lot located is 3orsogon, in what place should A file the case? We apply again 0ule 9 ;enue and that would be 3orsogon. 'n what court in 3orsogon should the action be filed? &onsidering the value 154,444.44, this action should be filed only in 0T& of 3orsogon.
6et us assume however that A elected to file only one complaint involving these sum of money of 1244,444.44 and this property involving 1544,444.44. The court that has the ,urisdiction over the sum of money of 1244,444.44 is the :T&. The court that has the ,urisdiction over reindivicacion is the 0T& of 3orsogon. Q. A. Where can these two actions be filed? $nly in the 0T& of 3orsogon. 't cannot be filed in 3ulu or Batanes. 't can be filed only in 3orsogon. 6et us get the reverse< The value of sum of money is 1244,444.44 and so this is within the ,urisdiction of the 0T&. The value of the property here is 1 !,444.44, this is within the ,urisdiction of the :T&. Q. A. &an you now ,oin these two? 8es, in the 0T& of 3orsogon. /ot in 3ulu or Batanes, but in the 0T& of 3orsogon.
Example2 A resident of 3ulu, sued B a resident of Batanes, in only one complaint alleging therein these two causes of action2 . =or recovery of 1244,44 .44 sum of money, 2. =or forcible entry over a piece of land located in 3orsogon valued at 1 !,!!!.!!. Q. &an A ,oin only in one complaint on these two (2) causes of action? A. These two cannot be ,oined because one is an ordinary civil action (sum of money) and the other is a special civil action (forcible entry). This is one of the limitation of ,oinder of causes of action. A special civil action cannot be ,oined with another action which is ordinary. Example: A is a resident of 3ulu, B of Batanes, & of >amboanga. A loaned : to B, and the loan is evidenced by a promissory note which B signed. The promissory note matured without B paying the money notwithstanding. A has another cause of action against B and & for another : pesos, a promissory note was also e7ecuted and signed by B and &. The promissory note also matured but they did not pay. Q. &an A file only one complaint against both B and & incorporating therein these two causes of action? (The action against B for : pesos and another action against B and & for 1 :)
/o, A cannot file only one complaint against B and &, otherwise, A will violate one of the limitations (3ec. 5 (a)) provided for in ,oinder of &auses of Action under 0ule 2 3ection 5. 'f A is permitted to do so, it will be a violation of the provision on 0ules on ?oinder of 1arties under 0ule % 3ec. @. & has nothing to do with the first promissory note e7ecuted by B. & has no interest on the first cause of action of A against B alone. Example2 A has the following causes of action for recovery of money against B, all in the promissory notes that matured on2 . ?an. 4, !!A 1 24,444.44 2. ?an. 24, !!A %4,444.44 %. ?an. %4, !!A 94,444.44 9. =eb. 4, !!A 54,444.44 5. =eb. 5, !!A @4,444.44 @. =eb. 24, !!A "4,444.44 BBBBBBBBB 12"4,444.44 A is a resident of 3ulu and B of Batanes. B did not pay on ?an. 4, B did not pay on each and every maturity. But A waited for the maturity on this loan due on =eb. 24, !!A. 3ince he was not paid on =eb. 24, !!A, he now decided to file an action involving all these sum of money. Q. 3hould he (A) decide to file a case on =eb. 25, !!A, against B, in what court should the action be filed? A. 't should be filed in the 0T& of 3ulu or in Batanes. Where all the causes of action are principally for money, the type of ,urisdiction is the totality of the amounts in all the cases. 'f you were A and you want to file only an action for the recovery of 124,444.44 you will file this with the :T&. This is the same with respect to other causes of action. 'ndividually, they are triable by the :T&. But if all these causes of action are ,oined in only one complaint, the totality or the language of the rule, Cthe aggregate,D of the amount furnish the ,urisdictional test. 3o, since the amount is 12"4,444.44, this is an action triable by the 0T&. 3o you file the action not in the :T& but in the 0T&. RENE NOTES 1) In case the obligation is by installments, each installment constitute a cause of action #$%&'&(, if at the time of bringing of the suit, several installments are already due, all must be included otherwise, others not included will be barred. Before April , ! , the ,urisdiction of the :T& was limited to 1 44,444.44 and the 0T&Es in the amount in e7cess of 1 44,444.44. 3o under the old rule, before April !, !!!, all claims (money claims) not e7ceeding 1 44,444.44 was triable by the :T&. All claims e7ceeding 1 44,444.44 were triable by the 0T&. This is the provinces. #nder the old rules, where the claim was for the money and the parties thereto was the residents of :etro :anila, the ,urisdiction of the 0T&Es in :etro :anila was in e7cess of 1244,444.44. Beginning, however April , ! , the ,urisdiction of the :T& were e7panded as follows2 'n areas outside :etro :anila, the ,urisdiction of the :T&Es e7tended up to 1244,444.44. But in :etro :anila, Beginning April !, !!!, the ,urisdiction of the :T&Es was 1944,444.44 3o, as of now the ,urisdiction of the :etro :anila :T&Es is 1944,444.44. But in areas outside :etro :anila, the ,urisdiction of the :T&Es is up to 1244,444.44 only. This now the new rule which implemented 3ec. 5 of 0A "@! . 0A "@! e7panded the ,urisdiction of the :T&Es. Q.state the rule on permissive joinder of parties A. Sec. ! Rule " All persons in whom or against whom any right to relief in respect to or arising out of the same transactions is alleged to e"ist, whether jointly, severally, or in the alternative, may e"cept as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any #uestion of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may ma$e such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to e"pense in connections with any proceedings in which he may have no interest. The rule contemplates a situation where there are two or more persons in whom a right to relief e7ist or against whom a right to relief e7ist. These two or more persons can ,oin in one complaint or can be ,oined as defendants in one complaint provided that there e7ist between them a .uestion of law common to both of them. As the term suggests , joinder is not mandatory . 't may be availed of by parties as plaintiffs if they want to. 'f they do not want to ,oin as parties, they cannot be compelled. Example: A, B and & are owners of ad,oining houses. F is a driver of a gasoline tan+er. Because of the manner F drove the tan+er, the driver struc+ a :eralco 1ost. As a result, the tan+er turned turtle (naging pagong ang tan+er<) in the process, it e7ploded. The fire burned the houses of A, B, and &. A can sue F for the
or where the party sued is not the real party in interest. They cannot be forced to . there will be only one issue that the court will resolve.uired or compelled to .oin as parties.oinder is not otherwise prescribed by the provisions of the (ules on . or A and &.oin is a matter of them alone to decide. 'f these were so.oinder of parties. Why? A. Who is considered a real party in interest? A. 8es. they have each a separate cause of action against F. B and & be re. A.udicial personality or entities authoriGed by law. which is common to all of them. Series of Transcations)separate dealings with the parties but all of which dealings are directly connected with the same type of sub. Q. whether they will . B and & filed separately the case. A. A and & sued F in one complaint. if the parties A. Q. &an they validly do that? A.oin in only one complaint. The negligent act of F. Q. A. Requisites of Persmissive joinder of parties.urisdiction and venue. 's it enough that a person is a natural person or . or B and &. natural or . !his rule also applies to counterclaims.oined in a single complaint or may themselves maintained or be sued in separate suits. 3o they can . 2 0ule % Sec. three (%) complaints against F.udgment may be questioned on appeal or certiorari. there will be now. the validity of the .oin. $n the other hand. Q. Q. &an A. /o. the court shall order . or better still. -e is one
. What is the basis of the right of relief of & against F? The same. #arties to an Action Q. 't is defined in 3ec. 't is necessary that the party. B and &. A. sued F in one complaint. and ) such . Q.udgment. A. B can sue F for the loss of his own house. A real party in interest is the one who is benefited by the . the complaint or suit cannot be maintained.oin or they will not . What is the basis of their right to relief of A against F? A. /o.ect matter of the suit. Q. 2) there is a question of law or fact common to all the plaintiffs or defendants. Who can be parties to an action? $nly natural persons or persons with .udicial be li+ewise a party in interest.oinder non)compliance)ground for dismissal + If the court does not order the . Permissive Joinder)parties can either be .
'f these were to be tried separately. The basis of the right of A against F is the negligent act of F in driving. This is the rule on permissive . What is the basis of the right of B against F? The same.
Q.oinder of parties. 1) right to relief arises out of the same transactions or series of transactions. %here the person who sues is not the real party in interest."
loss of his house. B and & or A and B alone.oinder of an indispensable party. & can sue F for the burning of his own house.oinder of an indispensable or a necessary party is -$! by itself ipso)fato a ground for the dismissal of an action. #nder the rule on . all of them can . 2 Rule " A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. 0ight to relief e7ists in favor of all of them. they . Rene Notes: Compulsory Joinder)in the case of* 1) indispensable parties 2) necessary parties + !he non).oin in one complaint? A.oined in one complaint against F.uridical person to entitle him to sue and be sued? A. the negligent act of F in driving. B and & sued F in one complaint.
' li+e this part. he cannot sue or he cannot be sued. to recover the ownership of the lot. -e is not. But A and B said. A sued B alone for a partition of alleging in fact the court declared A.ual parts./
who may be pre. whatever . if A. & can file a case for the partition of the same estate as+ing that this be divided into three (%) e. the tenant of B. 3o A and B agreed on how the estate be divided.D
Q. this is mine. /o.ect matter of the suit cannot be terminated. /o. Q. there is already a declaration that this property be divided into % and it was already divided into three (%). The party must li+ewise have the legal capacity to sue. 'ndispensable 1artiesH 2. & said C' do not li+e that. Why? Because he has a right to be heard when A and B divided this property in the
. he has the representation that he claims to have. Example: 3o. /ecessary 1arties. 's & the real party in interest? A. A. 's it enough that a party be a natural or . Q. What else do you li+e? Q. Q.D
When A and B showed & the C/o. /o.
Example: (Indispensa$le #art%) Testator F was survived by three (%) children A. 's the reasoning of A and B correct? A. What can & now do? A. B and & the owners of the estate and ordered the estate to be divided into three e. They agreed that the estate shall be divided into three e. & is not the real party in interest. B and &. /o. /o. -e must always be there because without him. whether a plaintiff or defendant. because whatever . 3o if the person does not have the capacity which he alleges he has.udicial and a real party in interest to be entitled to sue or be sued? A.ual parts as follows2 A B &
's the .udgment or it is he who may avail of the . What is the distinction between the two? 'n the case of an indispensable party. the sub.udgment that may be rendered in favor of A cannot bind the owner B. it is not binding. A. A. 't is true that there was a division. because he was not a party to the case. /atural person or .udgment. But & does not li+e his part.udgment. 's A the real party in interest? A. These are the requirements for suing or being sued& .udicial personH 2. J% portion allotted to him. :ust have the capacity to sue or be sued. A is not a real party in interest. Q. &an & be compelled to accept his part? A. will not at all affect
3upposing A is claiming ownership of a lot and he sues &. because whatever .udgment that he may be rendered in this case the real owner. -e is not bound by the . :ust be the real party in interestH and 9. :eaning.ect matter of the suit.udiced by the . he must always be impleaded because without his being impleaded as a party.ual parts. C't is pointless. What are the classes of parties to a suit? We have the2 . it is not correct.
Q. Q.udgment rendered do not terminate the sub. a tenant of B sues to recover his land from &.udgment in the partition case binding on &? /o. Intity authoriGed by law to sue and be suedH %.
urisdiction of the court at the time when the complaint was filed. &an this case between A and B be finally settled? A.' 3o. the sub. Q. 3hould the court find the reason why & was not impleaded to benefit the merit. when a party is a necessary party. the case will be settled insofar as the parties are concerned.udicated. What for is the need to state why & was not impleaded? 3o that the court could determine whether the reason for the nonKinclusion of & is valid or not.oint not solidary. the reason why he is not impleaded should be stated in the complaint. A should have filed a complaint against both B and &. in violation of that order of the court. A can file a case against him to recover from him his share in the 1 :. you see here.2
manner they want. 3o the court will decide the case awarding A only 1544. to settle the entire 1 :. his absence from the court as a plaintiff or a defendant does not prevent the case from being settled insofar as the parties thereto are concerned. nevertheless. 3o. Iven without &. so that where & is already within the . so that should A eventually file a case against &. 3ince. 'f a case is filed and the necessary party is omitted. A sued B only. As a coKowner he has the right to be heard on how the division should be made. 't is only when all the parties A.ointly E#ceptions* 1) Abandons or fails to comply with marital obligations 2) 0pouse disposes e1clusive property ) (egime of complete separation of property 2 class suit Requisites of a class$representative suit 1) sub. Q. the case filed can be terminated. when an indispensable party is not impleaded. 3hould A fail to comply in the order of the court.urisdiction of the court. 'n order. the court will now order A to amend his complaint and implead &. the first case did not terminate the . the complaint may be dismissed. A necessary party is one who ought to be impleaded in order to accord complete relief to all the parties or in order that the claim respecting the sub. but he is not impleaded. This is what we meant when we say that C an indispensable party ought to be impleaded either as a plaintiff or defendant in order to terminate the subject of the case. Q. 2) persons affected are so numerous that it is impracticable to bring them all before the court. & can file a motion to dismiss the complaint on the ground of Cwaiver of the claim of A against & on the failure of A to implead & in violation of the order of the court. But you will +now that the better . Q.ect matter of the case can be fully ad. That is why. 3uch failure on the part of A to comply operates as a waiver of his claim against &. this claim of A against B can be settled. he was not heard.uestion. What will be the effect of filing by A of his claim against B and & at the same time? A. -e did not sue & because at that time when the case was filed & was no longer in the 1hilippines.udgment will be rendered in favor of A will cover only the part of B in the 1 :. if & was with the . B and & have been impleaded in the case may it terminate.ect matter of the controversy is one of the common or general interest to many persons. But only partially. 8es.
E&A'#LE: A is the creditor of B and & based in the promissory note signed by B and & for 1 :. in alternative form. & here is merely a necessary party because even without him. The claim of A against & remain pending. he can file a case.ect matter of the case would be fully ad. But if this omitted party could have been impleaded.444. Whereas. -e for left abroad. -is claim of 1 : will be entirely settled in only one procedure.
Rene Notes: 1 spouses as parties !"R" ) spouses sued . The liability of B and & are merely . Q. Who is the necessar% part%? A. What is the effect of such nonKcompliance on the right of A to recover from the claim filed? A. however. A.udicated.
Rene notes: %n&no'n (dentity or Name of )efendant * 0ervice of summons is by publication Requisites* 1) there is a defendant 2) his identity or name is unknown ) fictitious name may be used because of ignorance of defendant3s true name and such ignorance is alleged in the complaint ") identifying description may be used* sued as unknown owner. -e +nows he has the right. The fact is. there was supposed to be an arrastre operator who should have ta+en upon its being unloaded in the port of :anila. A can sue F and 8 (arrestre) at the same time. it must be 8. In the case of incapacity or incompetency of the party. This is the concept of alternative defendants. The rule is this2 A plaintiff may have the right but he is not certain or sure against whom that right should be asserted. if there is no notice of death of party and the court has no knowledge thereof. the entire proceeding is null and void. + -o summons is required to be served on the substituted defendants. and . but this time.urisdiction over the estate. + A transferee pendente lite is a proper and not an indispensable party. this machine did not reach A. the court would have no . + If there is failure to notify the fact of death* the case may continue and the proceedings will be held valid. failure to do so does not w arrant the dismissal of the case. + !he continuance of a proceeding when a party dies without a valid substitution amounted to lack of . #$%&'&(. the heirs and the e1ecutors or administrators. What can A do? A.urisdiction. 'f it is not F who is liable. the proceedings are not set aside. for delivery to A. Transfer of (nterest + 0ubstitution of parties is not mandatory. devisee. and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death.6
) parties bringing the class suit are sufficiently numerous or representative of the class and can fully protect the interests of the concerned.
. -e does not +now who has custody of this machine at the time it was lost. or even the appointment of an e1ecutor or administrator. Q. There are two or more persons who may be liable to him in connection with his right. But who of them is responsible. 5nless the substitution by or the . But he does not +now who of them is liable under this rule. 'f 8 is not liable. This is a situation where a contract involving money was entered into2 This contract gave rise to the filing of a complaint against the debtor. the order of substitution shall be served upon the parties substituted in the action. 2+ Rule " %hen the action is for recovery of money arising from contract. it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. heir. Sec. he is entitled to sue all these persons in the alternative.udgment will bind the successors in interest. this fact will merely entail the appointment of a guardian ad litem by the court trying the case upon being informed thereof by counsel of the parties.oinder of the transferee is required by the court. by a court of probate . e"press or implied. When may a party plaintiff sue defendants in the alternative? A. the debtor dies.urisdiction over the substitute party. or other designation /) amendment to a pleading when identity or true name is discovered 2) defendant is the defendant being sued. When the case is pending against the debtor. (oncept of Alternati)e *efendants Q. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased person. or other reliable sources. Example2 A bought a machine from #3. it must be F. + !he court cannot compel the lawyer to continue with the trial after the lawyer has notified the court of the death of his client. Instead. he does not +now. not a mere additional defendant )eat+ of a Party )uty of counsel. inform court within 4 days + !he death of a client will require his substitution by his legal representative to be ordered by the court wherein the case is pending. the court does not acquire . $therwise.urisdiction and that the need of substitution is base on the right of a party to due process. otherwise. The carrier F brought this machine to the 1hils. Was it lost while this machine was in the custody of the arrestre? -e does not +now. the parties themselves. but he has the right to recover the value of the machine.
This will continue. But when it comes to forcible entry. 's that so now? A.udgment in that civil case.urisdiction cases depending on the value of the property. -ow could A protect his right over his claim. 3o under 0A A@ A should file his claim in this proceeding.udgment. venue is the proper court? A. This is true in cases involving title to. This is the innovation under the new rules. Q.udged by the court? A. e1press or implied. Where the value of the property e7ceeds 124. arose from a contract. possession of or interest in real property. /o. B died. entered into by the decedent in his lifetime or the liability for which had been assumed by or is imputable to him. he e7tended. the venue of the action is the inferior court of the place where real property or part of the real property is located. however.ect of the action. + $nce a final . While this case was pending. &an the administrator or e7ecutor contest in that special proceeding this claim now of A? A. $f course with proper substitution of B by the administrator or e7ecutor if there is any. possession of or interest in real property.udgment thereon. + If the defendant dies before entering a final .oney Claims Requisites: 1) !he action must primarily be for recovery of money. What are the rules on venue involving real property? A. actions may either be real or personal.udgment is entered against the estate of the deceased it shall be enforced as a money claim without the need of proving the same. by his heirs. 'n the event A wins the case and the . the case not having been determined with finality? &an it continue or must be dismissed? A: Example2 A the creditor sued B to recover the loan.7
Q.44. and the value of the property does not e7ceed 154. (estate or intestate proceeding) for the settlement of estate of B. This rule presuppose that the estate of B is under administration either in a testate proceeding or intestate proceeding. in areas outside *etro *anila. This case will continue litigation until finality. the action shall not be dismissed but shall be allowed to continue until entry of final . -ow will A enforce his right as ad.444. debt. Why? Because the rules in venue li+ewise involve inferior court and under the 0T&. then A must file his claim in this case. the venue is the proper court of the place where the real property is located. Q. The death of the debtor B does not e7tinguish the action. =or purposes of venue. )n forcible entry cases. the venue is the inferior court. even the inferior court have .44. Why the difference in the case involving title to. (nder the old rule.udgment becomes final Q. real property.44.: -enue of Actions The rules on venue are now simplified. 3o if there was a special proceeding under L31 %9 for the settlement of estate. 'f there is none. if it was already dismissed in this case? -e can now file his claim as an ordinary creditor in the proceeding.
. Because under the new law. upon the death of B. RENE NOTES: -ction on Contractual . this case will be dismissed. Q. -e will file the case where the settlement of BEs estate is pending. What now will be the status of this case filed upon the death of the debtor. (:T&) Ta+e note that when it comes to the venue of the property suits involving title to. the court where the action must be filed is specified and that is the inferior court. Rule . Q. 't does not say proper court. Where the value of the property involved in the reindivicacion cases does not e7ceed 124. the action for reindivicacion lands with the 0T&. the venue of the action lie in the proper court of the place where the real or a part of the real property is located. or interest thereon. When a suit involves title to. (ndi/ent Party + !he amount of docket and other lawful fees shall be a lien on any favorable . possession of or interest in. 2) !he claim sub.udgment in the court where it was pending at that time.444. /o.444. real property. and not where the money sought therein is merely incidental thereto. )n *etro *anila where the action is for reindivicacion for instance. because it has already been settled by final .udgment upon the indigent party. that action for reindivicacion is tried by the inferior (:T&) not the regional trial court. his claim based on this . possession of or interest in.
The venue is Batanes. )f the action is personal. e7cept where the action is one for forcible entry. where the defendant is a nonKresident. %here real property is located partly in one place and partly in another. Example2 A vs. is the rule that the venue of the action involving it should be the place where the property is located or where any part of the property is located absolute? 3o that in all cases. (as the term suggested. -e may file the case in 3ulu or in Bulan. that may be one of the venue. What will be the venue of this action? A. or of Batanes or of Bataan.8
This is the reason why the law does not specify what particular court the case must filed when it involves title to. Conly on :T& of the place where the property or any part of the property is located.!!!. the recovery of a lot which A claims as his but which B claims is his. 3orsogon. *. Q. but came to the 1hilippines for a vacation and could be found in Bulan.. :anila. but is found in the -hilippines. CnonK residentD). :T& of 1ampanga.&. the residence of the principal defendant. against the defendant B who is a resident of #. But at the time the action was filed. at the option of the plaintiff. %here the defendant is a non.3. the rule is specific. this rule must be followed?
. who is a resident of 3ulu file the case? A. the residence of the plaintiff or the residence of the defendant or in case there are two or more defendants. Example2 'f A file a complaint against B.&. Q. The value of this property is 1 !. +owever. in part. Where the sub. 'n our e7ample. a nonKresident of the 1hilippines. B for forcible entry or reindivicacion. AEs residence or in TawiKTawi at the option of A. 3o. &aloocan. A is a resident of Batanes. Bataan or Batangas.A.!!. or an action for reindivicacion its venue should be any of these places where property is located. in which case. B was found in TawiKTawi. possession of or interest in real properties.ect matter of a case is real property. where may A. But if B is not a resident of the 1hilippines. the action was one for money. Example: A vs. A can file action either in 3ulu or Batanes at his option. B.3. 'f this action is filed. &aloocan in part. That is why you cannot sue him in a place where he is not a resident. Example2 A sued B. Q. B the husband is a nonK resident defendant of the 1hilippines whose permanent address is #. But when it comes to forcible entry. the action may be filed in the :T& of the place where the property or part of the property is located. 'n this last case. the venue could not be the residence of the nonKresident defendant for a simple reason that. the action by A can be filed in Batanes. the property was located in :anila in part. the venue of the action may either be the residence of the plaintiff or the place where the defendant is found. an action for declaration of nullity of the marraige of A and B. he was found in TawiKTawi. This lot is partly located in 1ampanga. 3orsogon. the venue may also be the place where he can be found.3. what will be the venue? A. the wife is a resident of :anila. B is a permanent resident #. on the other hand.D In case of personal actions. whether the action involves forcible entry or detainer. in *. What court has . Example: The action between A and B involved let us say. a nonKresident defendant does not reside in the 1hils. it is that place where he may be found. or TawiKTawi at the election of the plaintiff. Q. 3o A can file the case in :anila. the action may be filed in the appropriate or proper court of the place where the property or part of the property is located. and the action is personal. Q. But at the time the action was filed.urisdiction and a court of what place will be the venue? A. but he may be found in the 1hils.resident defendant. %here the action involves title to. the venue of the action may be the residence of the plaintiff or it there are two or more plaintiffs. the venue is the residence of the plaintiff or any of the principal plaintiffs or the residence of the defendant or any of the residence of the principal defendants at the option of the plaintiff. While A is a resident of :anila. Whether the case is tried by the inferior court or by 0T&. possession of or interest in real property. for recovery of money and A is a resident of 3ulu and B is from Batanes.
A filed the action in TawaKTawi. and B. The 3ecretary now files a motion to dismiss on the ground that the venue is improperly laid. Q. .udge. The venue should be &otabato. A. 1--& and B now file a motion to dismiss on the ground of improper venue.&.D C3ince the property is located in &otabato. 0ule on the motion. There are. what will be the correct ruling on the motion to dismiss? A.. The agreement between A and B is Cthat any action arising from this lot located in TawiKTawi must be filed only in :T& of Batanes.D Example2 The 1--& awarded the lot in *. :ust the venue of this action be the place where the property is located or where any part thereof is located or may there be a case where what is located or may there be a case where what is involved in a suit is a real property and yet the venue need not necessarily be the place where that property is found or where any part thereof is found. B now filed a motion to dismiss on the ground of improper venue being the property located in TawiKTawi and therefore TawiKTawi should be the venue. 9 (b) 0ule 9. B now filed a motion to dismiss. a resident of :anila in the 0T& of Bacolod &ity. A being a resident of :anila and B of Bulan. The agreement was oral.D &ontrary to this writing. This action was filed by B in his residence which is Batangas 0T&. what will your correct ruling on the motion to dismiss filed by the 3ecretary of DI/0? Issue: What is involved here is a motion to dismiss filed by the 3ecretary. Deny the motion to dismiss because the agreement used the word CmayD. the rule that the action should be filed in the place where the property is located does not apply. The sub. The 3ecretary awarded the right to the timber land to A.&. Q.&. Therefore where the action involving real property does not concern title to the property or it does not concern the possession of real property or does not concern an interest in real property. They contended that the proper venue of the action is *. or possession of real property or interest in real property. B now contested the action of the 3ecretary in awarding the right to A. To annul that order of 1--& canceling the award to A. to a resident of Bacolod &ity.D A now sued B in Batanes.udge. A is a resident of :anila and B of Batangas. 't is not absolute.ect matter although involving real property is
. B sued as well as the 3ecretary of DI/0. A now sued B in Batanes although. the venue should be &otabato. Example: The action is filed by B against A and 3ecretary of DI/0. the rule on venue shall not apply where parties have not validly agreed in writing before the filing of the action on the e7clusive venue thereof. B now filed a motion to dismiss on the ground that the venue is improperly laid because the agreement called for the venue to be in Batanes. The action filed by B here is an action for certiorari against the 3ecretary of DI/0 and A. After A paid so many installments on their lot.D Where the action involving real property concerns the title to the property. therefore. you are the . The prayer of A is for the cancellation of the resolution of 1--& canceling the prior award to A and awarding the same lot to B. 3orsogon. 2. not the residence of B in Batangas. The action involves possession of.14
A. not in Batanes. The action by A against B was filed with the 3ecretary of DI/0. the resident of plaintiff A. may be filed in Batanes. the agreement of A and B was an oral agreement.D 0ule on themotion to dismiss filed by B. interest or in title to real property but the action is not forcible entry. Agreement in writing between A and B provided as follows22 CAny action arising from this land in TawM Tawi. Example: A and B are litigating who has the better right to timber concession located in &otabato. on the ground of improper venue. #nder the rule. not Bacolod &ity. what will be your correct resolution to the motion? Example: A and B agreed in !!4 that any action between them involving this lot in TawiKTawi. the 1--& unilaterally cancelled this award and awarded the same lot to B. Therefore the agreement is not enforceable. 8ou are the . =or a violation of =orcible Intry. 'f you are the . cases when what is involve is real property and yet the venue of the action need not be the place where the property or a part of the property is located. Deny the motion to dismiss under 3ec. the agreement to be valid must be one which is in writing and the agreement on the venue must be Ce7clusive venue. -e said that the action should be filed in the inferior court of TawiKTawi. he said Cany action contesting my decision should be filed in the court of the place where the property is located.udge. that the lot is in TawiK Tawi. 'n the above case. the venue is the place where the property is located or where a part of the property is located. we say. the location of the property. A now sued 1--& which has its office in *. be filed in Batanes.
for a specific venue. B is a resident of 'locos /orte. The action in effect is a personal action. -is ground is that the venue of the action should not be in 'locos /orte. when the agreement calls for an e7clusive venue 2.e.&. B.udgment of the 3ecretary. The libel law provides that where a criminal action is filed in a particular venue. the recovery of damages is a personal action. the action may be filed in the proper venue according to 0ule 9. he cannot file the action in 'locos /orte because the criminal case was filed in :anila. 's the motion to dismiss proper? 8es. the agreement called for an e7clusive venue. the libel case was filed in :anila.urisdiction which cannot be the sub. :y option is to file my action in 'locos /orte. 3o the motion to dismiss filed in Bacolod &ity is not proper because Bacolod &ity could be a venue. A now filed a motion to dismiss this action in 'locos /orte.ect of stipulation and therefore the parties can agree that the venue of a particular action as filed and provided the agreement provides for an e7clusive venue. it should be in :anila where the libel cases is filed but B countered this argument. This is not an action involving title to. 3o if the property is located in TwiKTawi. an agreement in writing. his residence. for instance. 's there another situation when the rule on venue does not apply other than the ground that there is an agreement is writing providing for a particular venue? The 0ules on venue do not apply when there is an agreement in writing providing for an e7clusive venue. A was a resident of :anila. The rules on venue found in Rule . sec 2 (B) has the option to file any action either in my residence or the residence of the defendant A at my (B) option. 'n the second case. the action can be filed where the property is located or in Batanes. A filed suit in TawiKTawi where the property is located. :eaning. 'n our e7ample.e. the place where the lot is located. A and B agreed in writing before any suit arise. The rules on venue mentioned in 0ule 9 do not apply in certain cases. -owever.D The motion to dismiss of B here should be granted. i. is there another situation where the rules on venue mentioned in 0ule 9 does apply because in this case. 'n violation of that written agreement. 'f the written agreement on venue provides for a specific and e7clusive venue. Batanes would merely be an additional venue. an action for damages against A in manila. in this case. in the place where the property or a part of the property is located or in the place where the plaintiff or the defendant is residing at the option of the plaintiff. where the property is located. 's there such a situation? Example: A published a libel in :anila. therefore. under 0ule 9. or in the venue stated in the agreement. the civil action for damages arising form that libel should li+ewise be filed in the same court where the criminal case is pending. not &otabato. the venue agreement controls. Any action for damages arising form the libel filed must be filed in the place where the libel case was filed.uently filed in the 0T& of 'locos /orte. 3ince the action was filed in *. where the agreement in writing does not provide for an e7clusive venue. we do not file the action. where the defendant 1--& reside. When the parties agreed in writing before any action is filed the venue of the action be in a particular place. B now files a motion to dismiss for improper venue. possession or interest in real property. the motion to dismiss is not proper 0ule on the merits of the motion to dismiss Ans. Although B. venue can be the sub. that any action involving this property located in TawiKTawi can be filed ConlyD in Batanes. because although the property is located in TawiKTawi. #nli+e . do not apply in two cases& . 3o in our e7ample. 1eople vs. 'n addition to this. Why? Because the wording of the agreement. the venue need not necessarily be *. where the law provides for a specific venue. RENE NOTES: 0enue of -ctions Real actions ) place where real property located Personal actions 1) residence of the plaintiff 2) residence of the defendant + 9hoice of the plaintiff Real actions
. 3o. 'n the first case. Q. then it should be that venue provided for by law. but A and B agreed before any suit is filed that the venue of the action arising therefrom be in Batanes and this agreement was in writing before the action was filed.&. but merely an additional venue. 3o venue would be the residence of plaintiff B or the residence of the 3ecretary. in addition to these cases that i.ect of stipulation. 'n the case of the annulment of the award made by the 1--&. the law itself provides.Donly Batanes. is a resident of 'locos /orte. subse. only the venue specified in the agreement can be the venue.11
actually the . A filed in :anila.
Sec. + In the absence of qualifying or restrictive words. third (fourth. separate actions should be filed in each place. procedural ". may be changed by the written agreement of the parties J%R(S)(CT(ON 1. cannot be the sub. the civil action for damages arising from that libel should likewise be filed in the 0A.) party complaint.ect by means of motion to dismiss 2) affirmative relief sought in the court where the case is filed ) voluntary submission to the court where the case is filed ") laches (4 PROPERT8 (S 6OC-TE) -T T9E :O%N)-R(ES O4 T2O P6-CES * file one case in either place at the option of the plaintiff (4 C-SE (N0O60ES T2O PROPERT(ES 6OC-TE) (N T2O )(44ERENT P6-CES: a) if the properties are the ob.2 Rule ! (#leadin.ect of the action. venue stipulation is merely permissive meaning that the stipulated venue is in addition to the venue provided for in the rule. crossKclaim 9. and ) Agreement to the e1clusive nature of the venue. counterclaim %. . b) if they are the sub.ects of two distinct transactions.s Allo0ed) .urisdiction over the sub. etc. or 5.ect matter and over the nature of the action is conferred by law and cannot be waived . file in any of the two places. complaint The claims of a party are asserted in a2 2. may be waived . 0EN%E 1.s Q. 2+en rules on venue NOT applica1le 1) when parties agreed in writing for an e1clusive venue before any action is filed 2) where the law provides for e1clusive venue e1.ect of the same transaction.eans of 2aivin/ venue: 34O5 -R5 0S5 67 1) failure to ob. What are pleadings? What are the +inds of pleadings? A. . complaintKinKintervention The defenses of a party are alleged in the answer to the pleading asserting a claim against him.ect of the agreement of the parties
Rule !: #leadin. power of the court to hear and decide a case 2. Sec. 29EN -6TERN-T(0E RE6(E4 (S SO%!9T < venue would depend on the primary ob./ Rule ! -leadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.12
1) action for the annulment or recision of a sale and the return of realty 2) to compel the vendor to accept payment of the purchased piece of land ) to compel the vendor to deliver the certificate of title of the land Personal actions 1) action to recover the purchased price of the land 2) an action to compel the mortgagee to accept payment and for the consequent cancellation of a real estate mortgage ) action to annul the cancellation of award of land in favor of the plaintiff Requisites for venue to 1e e#clusive: 1) A valid written agreement 2) &1ecuted by the parties before the filing of the action.& 9$5(! where the criminal case is pending. place where the action is instituted 2.
. :ibel Libel Law ) where a criminal action is filed in a particular venue. substantive ". An answer may be responded to by a reply.
B. can A now file an action to dismiss a second action on the ground that this action of B against A should not be pleaded as a claim counter in nature in the civil case? A. a permissi)e counterclaim is one which does not arise out of or is connected with the transaction which is the basis of the sub. Because if B wants to he can file his counterclaim against A in the same action. B can file if he wants in to this main action. 0pecific denials b. Q. 56en is counterclaim compulsor%7 ) A compulsory counterclaim is one which is cogniGable by the court of . 'f he does not file it as a claim. Affirmative >efenses in the -ature of 9onfession or Avoidance + 5nlike the 9omplaint which alleges only ultimate facts. 8es.uire . -owever. $n the other hand. ! Rule ! A counterclaim is any claim which a defending party may have against an opposing party . Example: A files an action against B for collection for sum of money. 1uch a counterclaim must be with jurisdiction of the court both as to the amount and the nature thereof.uently. so that if he can file it separately there are now two cases. 20o 3I4*S of counterclaims2 . 1 Rule ! A compulsory counterclaim is one which. the money claim irrespective of the amount is a compulsory counterclaim. 'n the language of the rule. Why? Because it is not in any way related. -&=A!I'& >&?&-0&0 a. B for recovery of lot. e"cept that in an original action before the Regional Trial Court the counterclaim may be considered compulsory regardless of the amount. arises out or is connected with the transaction or occurrence constituting the subject matter of the opposing party0s claim and does not re#uire for its adjudication. &inds of defenses t+at may 1e set fort+ in t+e ans'er A. 3upposing he (B) does not file his counterclaim in this case against him. Why is this permissive? A. Insufficient denial or denial amounting to admissions 1) =eneral 2) >enial in the form of a negative pregnant @. he may not file if he does not want to file. has an action against A for recovery of lot. this case filed against him. Sec. Q. Example: 'f A filed a case against B. 't is a claim by a party defending himself against a party who files a case against him.udication the presence of a third person over whom the court does not re. What is the compulsory counterclaim? Sec. 1ermissive &ounterclaim These two are different for in their component elements and the effect of their not being pleaded. %) This counterclaim does not re. &an he file it separately.uire . Q. a counterclaim is compulsor% when it is one which is cogniGable by the court and arises out or is connected with the transaction or series of transactions which constitutes the basis of the action against him and does not re. and subse. Q. What is a counterclaim? A. being cogni/able by the regular courts of justice. A.urisdiction.uire for its ad. Q.urisdiction.uire for its ad. the presence of third parties of whom the court cannot ac#uire jurisdiction.udication the presence of the third person over whom the court cannot ac. This action of B against A for recovery of a lot is a permissive counterclaim. &ompulsory &ounterclaim 2.ect of the action. A vs. because this is a permissive counterclaim. A.1
RENE NOTES* . B files a separate action. the Answer may cite legal provisions relied upon for defense Q. Any claim by B against A is a counterclaim. where the counterclaim is a money claim and the court in which the case is pending is the 0egional Trial &ourt. however. A. 2) A counterclaim should be connected with the transaction which constitutes the basis of the action of the plaintiff against the defendant.ustice. /o.
444.44 Q.ustice. because this is a claim that is compulsory. letEs say. This is an action in the :T&. -e does not plead his counterclaim in this action.
But supposing B does not file a separate case against A for a recovery of money such that if this is done.udication the presence of a third person over whom the court does not ac.1"
9) This counterclaim is within the .444. The . if A files his complaint and B pleads his money claim arising from the employerKemployee relationship. This an action filed outside :anila. 3o. this is the :T&. Example: The counterclaim of B consists of 1244.urisdiction of the court.444. &an that be validly done? A.urisdiction being only up to 1244. &an A validly file a motion to dismiss this complaint on the ground that since this is a counterclaim.44. B does not plead in his answer in the main case claim and after B files his separate action against A and & to recover his 1244. because the amount claimed though arising from the action e7ceeds the . A. BEs counterclaim is not compulsory.444. 's the motion to dismiss proper? A. /o.
Example: This is an action of A against B for the recovery of a lot. that should have been impleaded by B in the main case? A.uire . that counterclaim is not a compulsory counterclaim. /o. /o. however. Q. 's the motion to dismiss proper? A.uire .urisdiction of the court e7cept that where the counterclaim is a money claim and the action is filed in the 0T& irrespective of the amount whether within or not within the . 3upposing.
. The counterclaim must be one which arises from the transaction which is the basis of the action of the plaintiff against the defendant. 't cannot be filed in this case. 3o. 3o. he files a separate action on the recovery of 124 . and the counterclaim is only 154. because the presence of & is re. irrespective of the amount. 's this money claim of B arising from the employerKemployee relationship is not cogniGable by the court? A. because this amount does not arise from the transaction constituting the claim by A against B. 'n this case.urisdiction of the :T&. Q. the counterclaim is compulsory. this counterclaim although arising from that action is merely a permissive counterclaim not compulsory counterclaim because it re. 's this counterclaim here allowed to be filed by B as a counterclaim in this case? 8es. This is cogni/able by the 2345 4abor Arbiter or the 64RC. this is allowed. Q. as long as the counterclaim is money.444.444.urisdiction over him. is not a ground to dismiss it.44. A filed motion to dismiss on the ground that this should have been impleaded in the main case because it arose from this main case. The claim of B is for money arising from a contract of loan being B the lender and A the borrower. The counterclaim of B arising from this.44.uires for its ad. because the money claimed arising from the employerKemployee relationship is not cogniGable by the courts of . 'nstead. Q. there will be now two (2) actions Q.444. that this case is filed in the 0T&. Example: The action of B is for recovery of lot.44 but the counterclaim of B is against A and & over this amount is solidary. but merely permissive. Q.444. 'n the 0T&.44. 3hould B interpose as a counterclaim this action for recovery of money here. /ow he files a motion to dismiss on the ground that this counterclaim being connected in the claim of A against B should be pleaded. And on the assumption that the counterclaim of B against A arises out of this action of A against B.uired in their litigation on this 1244. and the &ourt does not ac. /o. the action is for reindivicacion because the value of the property is only 1244.44 and & is in #. 's this counterclaim compulsory or permissive? A. This is a permissive counterclaim the fact that it is not pleaded in the answer in the main case. the value of the improvements which B introduced in this lot is 124 . it is not.3. The counterclaim of B against A is for the recovery of money which represents the unpaid wages of B payable by A and the wages being the result of a contract of employerKemployee relationship. 3upposing. this is a recovery of money.urisdiction. &ompulsory. $n the assumption that all the other elements are present. it is always compulsory.
which is the sub.ect matter of the opposing party3s claim.44 one with the . Does this action for recovery re.uires the presence of &. no default.444. A2) It may require for its ad. because the amount being claimed represents the value of the improvements introduced by B in this lot.urisdictional amount. 's it connected with the case filed by A against B for recovery of the land? A. -e did not plead this as a counterclaim in the action of A.ect matter of the complaint of A. %hen a counterclaim is compulsory it must be pleaded in the answer.
. 3o. A1) It does not arise out of nor is it necessarily connected with the sub. 8ou are the . it is barred. CO.(SS(0E CO%NTERC6-(. 2) In an original action before the (!9.P%6SOR8 CO%NTERC6-(. Q. What B did was to institute separate action against A for recovery of the improvements. it is connected.ust be answered.udication the presence of third parties of whom the court cannot acquire . ") !he remedy where a counterclaim is beyond the . e1cept when it is outside the .!9 is to set of the claims and file a separate action to collect the balance.1/
6et us now ta+e a case where the counterclaim is compulsory.urisdiction? A. the e1cess is considered waived. A") . + !he dismissal of the complaint carries with it the dismissal of a cross)claim which is purely defensive. The counterclaim of B is for recovery of the value of the property improvements which B introduced. but not a cross)claim seeking affirmative relief. What is the rule? A. Reply Effect of 4ailure to Reply: new facts that were alleged in the answers are deemed converted. Q. A1) one of which arises out of or is necessarily connected with the transaction or occurrence that is the sub.444. a counterclaim may be considered compulsory regardless of the amount. otherwise. 's it money claim by nature cogniGable by a court whether :T& or 0T&? A. A2) It does not require for its ad.
Cross.!9 in e1cess of its . the counterclaim is a compulsory counterclaim.urisdiction over third parties whose presence is necessary for the ad.claim + filed against a co)party + always arises out of the transaction or occurrence that is the sub. 's an action for recovery of a 124 . Q. the filing of the reply is optional e1cept for the denial of the genuineness and due e1ecution of an actionable document used as defense in the answer. otherwise. the fact that it not was pleaded in the main case. A now files a motion to dismiss on the ground that. A ) It is -$! barred even if not set up in the action. bec. Example: 'n the e7ample that B sues to recover 124 . in all these cases therefore. Q.44 representing the value of improvements introduced on the lot which is the sub. #ence. both as to the amount and nature thereof.ect matter either of the original action or of a counterclaim therein. /o.ect of the main case. Q.udication of said cross)claim. 8es. + If it is not set up in the action. a compulsory counterclaim not pleaded in the answer is considered barred.uire .urisdiction of the court or if the court cannot acquire .urisdiction. a third person over whom the court cannot ac.ect matter of the opposing party3s claim.urisdiction of the 0T&? A.udge. Example: (ompulsor% (ounterclaim This is an action for the recovery of a lot.udication the presence of third parties over whom the court cannot acquire . PER.urisdiction of the . 8es. A ) It is barred if not set up in the action. 3o.urisdiction of said court. the defendant can be declared in default. the elements of a compulsory counterclaim are present. Q. A") -eed not be answered.urisdiction. 8es. Nrant the motion.!9 must be within the . RENE NOTES: Rules on Counterclaim 1) A counterclaim before the . is a ground to dismiss it. that counterclaim is barred. what will be your correct ruling on this motion of A to dismiss the case? A. ) If a counterclaim if filed in the .
without prejudice to the corresponding administrative and criminal actions.P6-(NT + brings into the action a third person who was not originally a party. 5 RULE 1 The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief.oin the action. + initiative is with the person already a party to the action.
. )f the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. =orum shopping is not allowed because this would be constituting to the . CROSS.party complaint is in respect of plaintiff>s claim * Aa) %here it arises out of the same transaction on which the plaintiff3s claim is based. b7 )f there is such other pending action or claim. This is the reason why whenever the party files a complaint or an initiatory pleading. he is re. What is forum shopping? A. T9(R). certifies the following2 a) That he has not previously filed in another court.:##I4< ( #nder SE(.
+ TEST to determine '+et+er t+e t+ird. 's there forum shopping on the part of A? A. A filed another action against B also for reindivicacion. $ne is for forcible entry and the other for reindivicacion. + 9ross)defendant is a co)party. The contents of the certificate. While this case was pending. the other action filed in another court not being the result of an appeal or a petition for certiorari. the certificate must be signed by the principal plaintiff. the two cases are different. or although arising out of another or different transaction. upon motion and after hearing.judicial agency and to the best of his $nowledge. ta=es t0o forms2 ) Where a party files the same action involving the same issues either simultaneously or successively in more than one court.C6-(. 's there a forum shopping on the part of A? A. and Ac) %hether the third)party defendant may assert any defenses which the third)party plaintiff has or may have to the plaintiff3s claim. the plaintiff or in the proper case. no such other action or claim is pending therein. unless otherwise provided. The certificate is signed by the plaintiff and if there are two or more plaintiffs and one is a principal plaintiff and the other is not. the same action involving the same issues.12
T+ird <fourt+5 etc = party complaint T9(R).uasiK. CO. /o. + !hird party is not yet impleaded. . a complete statement of the present status thereof.uired to accompany that complaint or initiatory pleading with a certificate. compliance with any of the underta$ings therein shall constitute indirect contempt of court. he shall report the fact within five 897 days therefrom in the court wherein his aforesaid complaint or initiatory pleading has been filed :ailure to comply with the foregoing re#uirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the case without prejudice.P6-(NT + seeks to recover form a non)litigant some relief in respect to the opposing party3s claim. 'n their action. is connected with the plaintiff3s claim.P6-(NT (N (NTER0ENT(ON +same + initiative is with a non)party who seeks to . Example2 A filed an action against B in the 0T& for reindivicacion. as well as a cause for administrative sanctions. Rule in non89:RU' S. Branch 0T& of :anila. Q.P-RT8 CO. + claim by a party against a co)party. We call the certificate the certificate of non. Q.udicial process ma+ing moc+ery out of the rules. Ab) %hether the third)party defendant would be liable to the plaintiff or to the defendant for all or party of the plaintiff3s claim against the original defendant. Example: A filed an action against B for forcible entry of a particular lot.forum shopping. tribunal or #uasi. The submission of a false certification or non. 2) Where a party files two or more actions in different courts. /o. A filed against B for reindivicacion involving the same lot. 9orum s6oppin. tribunal. the principal plaintiffs. A filed a petition for receivership. Q. there is none because the two cases involves different issues. the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt.unction. or in a sworn certification anne"ed thereto and simultaneously file therewith& a7 That he has not thereto commenced any action or filed any claim involving the same issues in any court.P-RT8 CO. 'n Branch '' of :anila.udicial body or any other agency. and c7 )f he should thereafter learn the same or similar action or claim has been filed or is pending. for issuance of an in.
the court may dismiss it without pre. A compulsory counterclaim is not an initiatory pleading. %) The violation consists in the failure of the party to comply with his underta+ing thereafter. the status of this action pending in the other tribunal agency or . is permissive than the pleading must be accompanied by a certificate of nonKforum shopping. %here the pleading is other than the complaint. not only may the lawyer be proceeded against administratively. /ot only the pleading be dismissed.iolations rule may consist of the following2 ) =ailure to attach to the initiatory pleading in the complaint the re.16
b) c) That there is no pending action in any other court. Q. the certification stated that there was no pending case involving the same issue in another court. Why? Q.uently. What is the underta+ing there? A. it is barred if it is filed in a separate action.and if there is pending action in any other court. where the pleading re. But when it comes to a permissive counterclaim. /o. . but that he subse. this is an initiatory pleading
. when the truth is there is. he underta+es to notify the court of that fact that there is a pending action. he may be proceeded against criminally.uasiK. 3o. otherwise. Where a counterclaim is compulsory it is not an initiatory pleading. agency or . he did not +now of the e7istence of pending of another action involving the same issues in another tribunal court. you cannot file a compulsory counterclaim unless there is a first complaint. Where the forumKshopping is deliberate.ula <. nonKsubmission. And in the case of the lawyer. submitting a false certificate and failure to comply with the underta+ing to inform the court of the pending case in another court.uasiK. These are the forms of violation. Q. . the violations consists of three (%). What are the sanctions? A. The pleading will be dismissed with pre.The counsel or the defendant may be held in contempt. Therefore. C$nly a complaintD or an initiatory pleading.
Q. To notify the court to the fact that another action is pending in another court.udice.e.uently learns that there is such a pending action involving the same issues.udice to administrative proceeding against. for instance. Where the counterclaim however. ! @ 8> . Why? Because.
These are the three (%) matters certified by the plaintiff or the principal plaintiff.uire that the pleading be accompanied by a certificate of nonKforum shopping. What is the sanction? A.uasiK. Q.udicial body or any other agency involving the same issues. That is why a counterclaim is a reaction to the complaint. . it is all again initiatory. 'n this case. The failure to accompany the pleading with a certificate results in a dismissal without pre.udice and the offending lawyer may be held in direct contempt without pre. &onse. where the counterclaim is compulsory. Q. because you cannot file an independent action involving a compulsory counterclaim.R. it must be pleaded in the answer. or an initiatory pleading . which is filed for the first time.udicial agaencyH 3hould at the time he filed the pleading. Where a counterclaim is compulsory . Q. What are the sanctions against violations of this certificate? A. Ta+e note that the party on whom the sanctions may be enforced is one who does not comply with this certificate of nonKforum shopping. i. What are the sanctions? A. There should first be a hearing either a motion of the defendant. the rule does not re. 1 A@B ).udicial body. it does not have to be accompanied by a certificate of nonKforum shopping.=!> ?!@ August !?. 's this all the sanction? A. As the term suggests. it is one. he may be administratively proceeded against2 When there is a false certification. tribunal. only in a case where the pleading which is not accompanied with the certificate is a complaint or an initiatory pleading.udice of the complaint or initiatory pleading upon a prior motion and a prior hearing. 'n the case of (1T vs.uire a certificate is not attached at.uired certificate of nonKforum shoppingH 2) 3tatement in that certificate of nonKforum shopping of a false certificate. either you do not accompany or you accompanied the pleading but the certificate contains a falsehood. When is a pleading initiatory? A.uisition of +nowledge of the pendency of that action. 'n other words. the court may not motu proprio dismiss the complaint. within five (5) days from his receipt or ac.
either in one cause of action or defense or in separate causes of action or defenses.urisdiction) 4acts t+at must 1e averred particularly: Aa) circumstances showing fraud or mistake in all averments of fraud or mistake Ab) capacity * Two permissible ways of pleading an actionable document* Aa) @y setting forth the substance of such document in the pleading and attaching said thereto as an anne1 Ab) @y setting forth said document verbatim in the pleading * Where the actionable document is properly alleged. The rule says that if the statement of the claim or defense is sufficient in itself. Example: A vs. the failure to deny under oath the same results in: 1) !he implied admission of the genuineness and due e1ecution of said document e1cept* Aa) when the adverse party was not a party to the instrument. intent. &ould this be validly alleged as BEs defense? A. 2) !he document need not be formally offered in evidence. because this compulsory counterclaim is not an initiatory pleading. Without this complaint of A. it will be dismissed for failure to state cause of action. 2 A party may set forth two or more statements of a claim or defense alternatively or hypothetically.T. 3o you call this a compulsory counterclaim. Rule > Sec. knowledge. if A filed a complaint against B for recovery of a lot B files a counterclaim for the value of the improvements over the land. 3o. this is an action for recovery of a piece of land. Ab) fraud. The statement of BEs defense that he is the owner is made up of 9 inconsistent statements. Q. RENE NOTES: 4acts t+at may 1e averred /enerally: Aa) conditions precedent A@5! there must still be an allegation that the specific condition precedent has been complied with. the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. /o. if made independently of the other. %hen two or more statements are made in the alternative and one of them if made independently would be sufficient. B can allege these as his defenses in his answer. or other condition of the mind Ac) . >ula. Q. Do you have to accompany this permissive counterclaim with a certificate of nonKforum shopping? A. A. there is no compulsory.udgment of foreign courts. otherwise. or Ag) estoppel. (#. the pleading is not made insufficient by the insufficiency of the statement. tribunals. Af) want or illegality of consideration. ) Where a person has one claim or one defense he can state that one claim or one defense in two or more statements either hypothetically or in the alternative.3.
. Q. Ac) compromise. you call this permissive counterclaim.17
because it can be filed even without a prior complaint having been filed against a permissive counter claimant. Ae) prescription. Ad) payment. in our e7ample for instance. Do you have to accompany this compulsory counterclaim of B with a certificate of B with a certificate of nonKforum shopping? A. because ) he bought the land from AH 2) he inherited the land from &H %) this lot was donated to him by DH 9) he ac. But supposing this were a counterclaim for recovery of money which B loaned to A and B pleaded this claim of money as a counterclaim. 3tate the rule on Alternati)e causes of action or defenses . Analysis2 The defenses are inconsistent with each other. or officers Ano need to show . * Defenses that the opposing party may set up even after failure to deny under oath: Aa) mistake. boards. 2) Where two or more statements of a claim or a defense are made and one is made independently of the other which is sufficient. B. Q.uired this by prescription. Ab) malice. The defense of B is that he (B) is the owner. 't is a reaction.) 8es. vs. the pleading is not made insufficient by the insufficiency of the other statement of the claim or the other defense. and Ab) when an order for the inspection of the document was not complied with.
+ A denial cannot be general. Ac) @y an allegation of lack of knowledge or information sufficient to form a belief as to the truth of the averment in the opposing party3s pleading.SPEC(4(C )EN(-6: Aa) @B specifically denying each material allegation of the party and of the other party and whenever possible. $therwise. and -verments deemed admitted if not specifically denied under oat+: Aa) Allegations as to usury in the complaint Ab) !he authenticity and due e1ecution of actionable documents thereto.
. the denial will be deemed as an admission and entitles plaintiff to a .udgment on the pleadings -verments in t+e complaint NOT deemed admitted even if NOT specifically denied: Aa) Allegations as to the amount of damages Aunliquidated).18
* BUT the following defenses are waived: Aa) forgery in the signature. or Ad) the party charged signed the instrument in some other capacity. setting forth the substance of the matters relied upon for such denial. Ab) Immaterial allegations.
SPEC(4(C )EN(-6 T9REE 2-8S O4 . Ac) want of delivery. Ab) past admissions or past denial. Ab) want of authority of an agent or corporation. + A negative defense must be a specific denial.-?(N! . Ac) Incorrect conclusions of fact. a general denial is regarded as admission on the facts stated in the complaint.
3uppose the action has already. 3o B did not file a motion to dismiss for lac+ of . *efault. 2@. !!!. or statue of limitation.udgment but within @ months from entry thereof.udgment within @4 days from notice of the .udicata. There are certain defenses or grounds of ob. !!! or Dec.ections however which may not be abandoned. the court can still dismiss the case although lac+ of . B.urisdiction over the sub.udgment b) if he did not file one or the same was denied. or although not raised as an affirmative defense. then the court can dismiss the action. the court has no .udicata already. if you have defenses or ob. !!! assuming that Dec.
. 25.ect of 0ule !. A was limited to default. he would file a motion for a new trial at any time after service of . 2@.urisdiction or where the evidence shows res . he could file a petition from relief of .ections available but not so raised are deemed waived and abandoned.urisdiction here waived? A. allege all them either in a motion to dismiss or alternative defenses in an answer. A vs. This case was filed in the 0T&.R of 9AILURE 2: #LEA* =or instance. 0ule covered default. either if they were not initially raised in a motion to dismiss or as an affirmative defense.urisdiction of the court to try the forcible entry case alleged as an affirmative defense. Q.urisdiction was not so alleged. if you will file. Default here means. the failure of the defendant who was validly served a summons to file the answer within the reglamentary period. B was summoned on Dec.ections. E&(E#2I:4S to t6e <. lac+ of . Default #sed to be covered by 0ule A. the court can dismiss this action based on lac+ of . Although not raised in the motion to dismiss. he could perfect his appeal from and on merits of said . Example: A vs. res . $r where the evidence shows.udgment by default and within %4 days therefrom c) if he fail to file said motion or the same was denied. there is another sub.urisdiction.udgment by default within the balance of said %4Kday period d) if he failed to ta+e any of said steps. all those ob. if proceeded to trial.ect matter of the case. All those defenses.24
Rule ?: Effect of 9ailure to #lead <eneral Rule2 All of actions and defenses available at the time the pleading is filed. What is the rule of default? A. 3o. lis pendencia or prescription.urisdiction. /o. this is an action for forcible entry. 4. one that has prescribed. -e has only a period until Dec. we may say that B has already incurred in default. if for instance. 3o the general rule therefore is. 's . or where the evidence shows that the action has already prescribed or the evidence shows that there is lis pendencia. !!! is a wor+ing day within which to file the answer or only appropriate pleading. and fails to file the answer within that period or fails to file any appropriate pleading within that period. AL2ER4A2I-E A4* SU((ESSI-E RE'E*IES :9 A #R2@ *E(LARE* I4 *E9AUL2 a) file a verified motion in set aside the order of default of any time after discovery of the =A:I and before .udicata. 3uppose there is a lis pendencia and all these four are redeemed either on the basis of the pleadings themselves or under the basis of the evidence. /either this lac+ of . The allegations are filed. if not raised in the motion to dismiss or as affirmative defense in an answer are deemed waived or abandoned. but 0ule A now which
Q. 'f B was validly served under 0ule 9. 3uppose the case is already barred by the rule on res .
The limitations are2 ) The .udgment prayed in the complaint. entitled to a notice of the hearing of the motion to declare in default? A. 8es.udgment may be different from what has been prayed provided that .444. ) The court may now render a . -e must file a motion in court. -e was not under the same rules and . This is now the amendment to the old 0ule A. there must be a reason why he failed to file the answer. -e must file a motion to set aside the order of default at any time before the . &an the court moto proprio declare B in default? A. There are many. Q. /oOO even though the evidence of the plaintiff proved that sustained damages 1 . 'n other words. the . Q.udgment is rendered without the defendant having been declared in default. under 0ule default. under the old rule.udgment has already become final. What follows after the court has validly declared the defendant in default? A. 't means therefore.udgment has become final. the court may award A 1 . because the order declaring him in default is set aside. Q.udgment that the court may render where the defendant is declared in default? A.4 though it e7ceeds by one ( ) centavo they are valid.udgment cannot award an amount to the plaintiff in e7cess of what was claimed in complaintH 2) The . 8es. the plaintiff in support of the allegations. here the defendant is outside the ring loo+ing at what A is doing. a motion to declare a defendant in default could be validly heard without notice to the defendant. Example: 'f B was not declared in default and the claim of A in his complaint for damages is 1 :. the court cannot award an amount in e7cess of 1 : (the amount claimed in the complaint). but what A proved was 1 . Q.udgment. This is not now the rule.udgment that the court may render can never be different from the .444. Q. Q. 2) The court may receive evidence and therafter render a . Iven if B has not filed an answer. the court cannot moto proprio declare the defendant in default. #nder the old 0ule A. if the . 'n substance B loses many rights which pertain to a defendant who has not been declared in default2 ) he cannot file an answerH 2) he cannot participate in the proceedingsH %) he cannot present evidence on his behalfH 9) he cannot crossKe7amine.udgment may be either what is solely in the allegations in the complaint without the court receiving evidence from A. What are the effects of a declaration of default on the defendant? A. a motion to set aside the order of default is no longer proper. the plaintiff. And this must be the reason he must alleged when he filed a motion to set aside the order of default. 's B. the only person in the ring. -ow may the defendant regain his standing as a defendant? A.444. (the witness of the plaintiff) until he regains his standing as a defendant.444.21
Where the defendant has not been validly summoned. A must file a motion. a case where a defendant is not declared in default. 3ince the default is by reason of failure of the defendant to file the answer. Are there limitations on the . 0uling of the court on the motion< The court may deny or grant the motion. he cannot be declared in
. furnish B with a copy of the motion and furnish B with a notice of hearing on the motion.444.udgment on the basis of evidence presented by A.4 .urisprudence entitled to a notice of the hearing on the motion. But in the case of a defendant who has been declared in default. the . loo+ing at A doing his thing. he is in effect outside the ring. -ow will A here secure the default of B? A. 9. Where a . What are the grounds of a motion to set aside a default order? A. /o. will be held e7 parte.urisprudence thereunder.udgment is sustained by the evidence. Q. is the plaintiff A and B.444. The . is li+ened to a bo7ing fight where both opponents are in the ring slugging it out. Q. that a default motion. 3o. A here.4 . under the new rules. But in a default case. must file a motion.
the defendant must state there the facts constituting his defense. Why? Because he has until Dec. the accident. the . The rule is based on this supposition. The court declared B in default on Dec. Q.
. WhyQ because the default order is illegal. To determine whether it is proper or not proper to set aside the order of default and allow the defendant to file his answer and adduced his evidence. /o. /o. 29.uired? A. the mista+e. 2) The good defenses of the defendant to the action 3o. C=raud was committed against me. but notwithstanding he will not be still entitled to a . The court must first e7amine the defenses of the defendant. the e7cusable negligence which prevented the defendant from filing the answer. 3o you must state here. and finds that if this evidence are established. 's the declaration in default proper? A. 2@. C ' failed to file my answer because there was fraud committed against me or that an accident befell me or that ' committed a mista+e or that ' was negligent and that negligence is e7cusable. But if after the court has e7amined the proposed evidence as stated in the affidavit of merit. mista+e or negligence. 29. 's it enough that these grounds be alleged in the motion to entitle the defendant to a restoration to his status as a defendant? A. !!! within which to file the answer. 8ou will say2 P' fail to file my answer because of the following2 ) =raud was committed against me. the defendant here must recite the facts constituting the fraud. !!!.udgment in his person. -e cannot simply say there. What is the reason why the affidavit of merit indicates therein the good defense of the defendant is re. (=A:I) Q. !!!. but my negligence is e7cusable because2 ) 2) %) These are the grounds. When the declaration of default is premature because at the time he was declared B in default. then the court will have a basis of allowing B (defendant) to reac. There are certain cases where a defendant cannot be validly declared in default even though he has not filed an answer within the reglementary period. 3o.D 'n what did consist of? 3tate thereO 3ame thing with the accident. 's the failure of the defendant to file the answer within the reglementary period a ground to declare him in default in all cases? A. it would be pointless to allow him to go to trial and prove to state which do not entitle him anyway to any favorable ruling. negligence or accident. 8ou cannot declare a defendant in default ahead of the e7piration of the period of the filing of the answer. the period of the filing of the answer has not yet e7pire. B was not yet in default. 3o. not necessarily.22
Q. What are these? A.uire his status as a legitimate defendant. 2@.) Q.(This is the purpose. -e cannot simply say. can he nevertheless be declared invalidly in default even if he did not file the answer? A. /o.D Why? Because these are merely conclusions. /o. 8I3. fraud. mista+e. in the affidavit of merits. C' have a good defense. Although a defendant has been validly summoned. Why? Because if the affidavit of merit does not show that the defendant has good defenses so that even if all those defenses alleged in the affidavit of merit were proven. Q. mista+e or e7cusable negligence. %) ' committed a mista+e and this mista+e prevented me from filing the answerD 'f he said C ' was negligent in not filing. when he was declared default on Dec. The affida)it of merit is composed of two (2) facts2 ) The facts constituting the fraud. Q. accident. so ' did not file the answer.udgment may be favorable to defendant. Example: The last day for B to file the answer is Dec. 3o B now files a motion to set aside this default order. 2) An accident befell me. Q.D /oO 3tate there what are your good defenses. Does he need to accompany his motion with an affidavit of merit? A. which prevented the defendant of filing the answer. The motion must be accompanied by the soKcalled affidavit of merit. he has still an additional two (2) days within which to file the answer. This accident prevented me from filing the answer on time.
Q. 3o. it is a matter of right. and D. one that is rest on the discretion of the court. /o. 2 . -e can amend without getting a court order authoriGing him to amend. the court must re. What procedure should the court follow in determining the case? Example: A vs. &. the fiscal should determine. 's the motion to stri+e by B. What are these cases? A. to direct the prosecutor to intervene for the purpose of seeing t it that the evidence of the plaintiff they adduced is not manufactured or a product of a concoction. 't is as if this answer filed by B was filed not only for B but also for & and D. you can declare & and D in default for their failure to file the answer but the case shall be rendered against them on the basis of BEs answer. and that if such prosecutor finds that there was no such collusions. & and D also loose. as a matter of right. however. meaning it can be e7ercise without a court order.D The right can be e7ercised only once. $nly B answered. The cases are the following2 ) An action for a declaration of nullity or annulment of a marriageH 2) An action on legal separation. as a matter of right . 24 was not yet served on A. meaning. What are the rules of amendment? A. & and D might also win. :eaning. & and D. Cat any time before a responsive pleading is served. presuppose that the action of A is against all these defendants is common to them. 'n these cases where the defendant does not file the answer. Amendment may also be of substantial matter or only on formal matters Q. The defendant B was summoned on Dec. 24.udgment rendered binds all the defendants. They are as follows2 At any time before a responsive leading has been filed.
. however. -ow will the court proceed to try the case? 's & and D declared in default? 8es.uire the prosecutor to intervene and determine whether there was collusion between and among the parties. A. The 0ule is. B moved that this amended complaint be stric+en off the record on the ground that its filing was not authoriGed because A did not have the authority of the counsel to amend. 't was served only on Dec. ". the procedure to be followed by the court is this. The cause of action is common to all. This is the essence of 0ule !. When the answer of B was already filed a day ahead or on Dec. 6et us say that B filed the answer on Dec. the party filing the pleading can amend once. A now filed any motion authoriGing him to amend his complaint. !!A. the answer of B which was filed on Dec. When A file the amended complaint on Dec. A has a cause of action against B. This means to say therefore. unless a different period is fi7ed by court. 24 but served the copy of the answer on A on Dec. 3o. The answer filed by B inures to the benefit of & and D. Q. not twice. Rule /+ : Amended #leadin.s Amendment may be a matter of right or not a matter of right. the plaintiff does not have to get a prior authority from the court to amend. The rule is. $n Dec. Q. !!A within which to file the answer in conformity of 3ec. some of whom answered and some do not. 3o. but the cause of action against the defendants is common to all. 22. Trial< Q. there was no order for A to amend. The plaintiff A filed his complaint against B on Dec. he has a period ending Dec. legally proper? A. if B wins for instance. 2 . 22. the complaint alleges the cause of action common to all the defendants. that a . 3o. 0ule . 22. !!A. 'f B looses. / Rule // The defendant shall file his answer to the complaint within fifteen ( 5) days after service of summons. the court will try the case on the basis of the answer filed by B. Where there are two or more defendants. Does this mean therefore that the trial will no longer affect & and D? A. B.2
Q. This rule. When the amended complaint was filed on Dec. !!A. Sec. . the plaintiff may file an amendment pleading once. 2 .
3o. that is disputed. B here filed his answer on ?anuary %. B refused to pay. As BEs defenses.ected to be tried if the presentation of the merits of the case and substantial ends of . Q. he now tries to prove payment. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. A filed his second amended complaint without leave of court. :ay the court now in deciding the case consider the evidence of payment under this rule on amendments of pleadings to conform to the evidence? A. !!!. A did not ob. Why could A not since the answer for the amended complaint was not yet served on him when he filed his second amended complaint? A. This is the only defense that B alleged. !!! A e7amined his amended complaint and found some deficiencies thereunder which he now wanted to correct. Q. &ould A validly file without leave of court that second amended complaint? A. there is a difference between filing and serving under 0ule %. even after judgment& but failure to amend does not affect the result of the trial of these issues. !!!. B presented his evidence to prove his denial.
. /othing was said in the answer of B that he paid. The rule is you cannot prove a defense not alleged. -owever. B. )f evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings. =or him to amend again for the second time or any subse. he must obtain prior leave of court. the right to amend before the responsive pleading is served can be e7ercised only once. Illustration: ?anuary 4. Demands notwithstanding. when B tried to prove this. Nive us the instances when the pleading may be amended to conform with the Ividence? Sec.udgment be rendered2 ) ordering B to pay A the amount loanedH 2) ordering B to pay damages to A. the starting point of the right to amend a pleading is not the date of filing but the date of serving a copy of the pleading to the adverse party. Because the right to amend without leave of court can be e7ercised only once. 1rovided of course that. and under 0ule 4. under the ordinary rules of pleading particularly under 0ule % there having been no issue raised in the pleading with respect to payment. -e now tries to prove prescription. /o. he raised the following2 ) the action has already prescribed. /o. The court may. his pleading. 'n other words. he alleged among others that he gave a loan to B. There are two situations where a pleading may be amended to conform to the evidence2 'nstances when pleadings may be amended to conform to the evidence ) when issues not raised in the pleading or in the trial order are tried e7pressly or implicitly with the consent of the parties theretoH 2) when an issue not raised in the pleading or in the preKtrial order to be proven by a party and ob. During the trial A presented his evidence and the allegations. The loan is already overdue. you are limited of proving only which you have alleged. Q. !!! and served A a copy of the answer on ?anuary 5. The answer of B that he denies that he obtained from A. Q.ect. then this payment cannot be proven. A adduced evidence showing that there was no payment. When a party therefore see+s to amend for the second or subse. he can no longer do so as a matter of right. no demand whatsoever having made. 't can consider it although there was no issue. 1uch amendments of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time. Q. our rule here. The prayer of A is that . $n the other hand. 6et us say that the last day for B to file his answer to this amended complaint is ?anuary 5.uent time. -e li+ewise denies that he was as+ed to pay A.ustice are subserved thereby. And so the only way for his correction would be to file a second amendment complaint. Example: A vs. The rule says.uent times. B said that he already paid. Because it was not raised in the pleading. 5 Rule /+ %hen issues raised by the pleadings are tried with the e"pressed or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. The complaint of A. 'n addition.2"
But because the rule is very clear. 's payment an issue? A.
") amendment for purposes of delay Supplemental #leadin. Q. A ob. !!5. facts and events that transpired after the original pleading was filed. !!5 facts which would have occurred Dec. 3upposing there were facts already e7isting on Dec.ection in this case. on the part of A that issue of payment can be resolved by the court with or without the amendment of the pleading. . -e does not +now what is tomorrow. whether the pleadings have been amended or not to conform with the evidence. 3o. or before that. you cannot allege facts not yet e7isting at the time the pleading is filed. he could have allege only facts that occurred before or until Dec. the ends of . 8ou will notice that the supplemental pleading is intended. Because this matter could not have been alleged on Dec. 2) If the amended complaint alleges a new cause of action. A supplemental pleading is one embodying therein occurrences. defense or theory of the case is changed. in the e7ample. !!@. as the term suggest. -owever. What is a supplemental pleading? A.ustify the court from refusing to resolve this issue of payment. . 2 situations may arise: 1) If the complaint merely corrects or modifies the original complaint. upon reasonable notice and upon such terms are just.ected on the ground that there was no allegation of payment under the cardinal rule on pleading. ! Rule /+ (pon motion of a party the court may. &an he change his pleadings? -ow? A. 'n order to . Why? Because he is not /ostradamus. and which facts are material to his case.urisdiction to the court. $n the contrary. #nli+e the amendment pleading. Sec. &an it pass on the issue of payment? A.2/
Q. but which A forgot to allege
Q. -e could not have ascertained in that complaint of his dated Dec. 3o. the court believes that presentation of evidence on this issue of payment will be served the merits of the case or in the language of the law. 3upposing the court did not order the amendment. B.
. ) amendment to cure a premature or non)e1isting cause of action. A may now be allowed to amend his complaint to allege nonKpayment to conform to the evidence. 2) amendment is intended to confer . Q. Q.ustice are subserved by the amendments. . the nonKamendment of the pleading will not . where the suppose offer of B to settle was made on Dec. !!5 because it did not yet occurred. . permit him to serve a supplemental pleading setting forth transactions. which supersedes the original pleading.ustify the court ruling or deciding what is allowed to do under 0ule 4? A. The court may now order A and B to amend their respective pleadings to conform to the evidence on payment. The adverse party may plead thereto within ten 8!B7 days form notice of the order admitting the supplemental pleading. B here will be allowed to amend the answer to allege therein payment. by amended pleading to incorporate therein facts already e7isting at the time of the filing of the pleading or at the time before the pleading is filed. 3o. the court can still rule on the issue that was impliedly or e7pressly agreed upon to be tried by the parties. 'f there was already evidence of payment because there was ob. RENE NOTES: * When the complaint is amended. B now introduces his evidence of payment. Cyou cannot prove what you have not allegeD. to supplement or to add to the original pleading. 8es. Why supplemental? A. 8es. The court will say B is allowed to prove and if A cannot show that the reception of the evidence of payment would pre. then the action is deemed commenced upon the filing of the original complaint. 3o. When A file this case on Dec. a supplemental pleading does not put out of e7istence the original pleading. occurrences or events which have happened since the date of the pleading sought to be supplemented. !!5. . The rule is. * nstances when amendment by leave of court not allowed: 1) when cause of action. Example: A vs. !!@ and A wants to aver this in a supplemental pleading. .udice him. then the new allegedly cause of action is deemed commenced upon the filing of the amended complaint.
A paid under protest. #nder 0ule 5. 3o that when a supplemental pleading is filed. . Q. so :I0A6&$ now threatened to carry out its original desire of cutting of the electricity. A now filed an urgent motion as+ing the court to resolve the application for restraining order. it does not supersedes. What he can do is file supplemental pleading alleging therein what happened. + always with leave of court
Effects of -mendment Pleadin/ Aa) Admissions in the superseded pleading can still be received in evidence against the pleader.&->&> C:&A>I-= + refers to facts e1isting at the time of the commencement of the action.&-!A: C:&A>I-= + refers to facts arising after the filing of the original pleading. What happened here? A. What would be the basis now of B in filing the answer to the supplemental pleading? -ow would B +now the contents of the supplemental pleading? A. when B received the order admitting the pleading of A. the original pleading or complaint ceases to e7ist. :I0A6&$ now threatened to cutoff his. -ow about a supplemental pleading? A.uire a supplemental pleading to be answered. The event which is that electricity passing through the . After he filed the complaint. + take the place of the original pleading + can be made as a matter of right as when no responsive pleading has yet been filed 05CC:&. To avoid the cutting of the electricity. 't is merely an additional. he paid under protest. Example: Dec. The court denied the T0$. so the motion now carries the copy of the supplemental pleading a complaint. and therefore he is now entitled to the return of his money. /o. 't is nonKe7istent. he could not have set forth that fact because it did not have occurred when he filed the original complaint. 't is no longer legally a part of the record although it is there. What legal procedure are you (. B in this e7ample. the original pleading and the supplemental pleading. Does he have to file a separate complaint to recover what he paid? A. :arte as his counsel. + taken together with the original pleading. he already had with him a copy.
. That is why. Q. Q.umper. Q. The court furnishes B with a copy of supplemental pleading of A. B.anny) allowed to involve in order that this motion of A to declare your client in default may be thwarted? A. Q. the ten ( 4) day period is counted from the receipt of the order admitting the supplemental pleading. A now filed a motion to declare him in default with respect to the supplemental pleading. electricity to avoid the cutting of the electricity. When should it be answered? A. !!5 A sued B the :I0A6&$ in an action to en. when a motion is filed. the pleadings sought to be admitted are already attached to the motion. the :I0A6&$.22
Example: 'n an amended pleading of B.umper is not recorded in the meter amounting to thousand of pesos. alleged that A stole electricity by installing in its electrical connections a . AEs prayer is that :I0A6&$ be ordered to return to him the amount he paid. Why? Because the answer he already filed to the original complaint serves as his answer to supplemental pleading. Q. A supplemental pleading should be answered. the failure of the party to answer is not a ground to declare him in default. 't is there. did not file the answer to the supplemental pleading. RENE NOTES: A. the court denied his application for T0$. A now furnished B. The contention of A is that he did not steal it.oin it from cutting off the electrical connection of A. there are actually two pleadings now. =or obvious reasons. &ould he pray for that in his original complaint? A. the moment this is filed and this is accepted. While it is true that the rule re. B now engaged Atty. A supplemental pleading should be answered within ten ( 4) days from the notice of the order admitting supplemental pleading. Q. but legally it is not there. What is now AEs prayer? A. A prayed that a restraining order be issued while the case is going on. 8ou can physically see it but legally you are blind to it because an amended pleading supersedes the original pleading. Q.
Sec. unless a different period is fi7ed by the court. / Rule // (omplaint The defendant shall file his answer to the complaint within fifteen ( 5) days after service of summons. &rossKclaim must be answered within ten ( 4) days from service of this crossKclaim to the proper party answering is the crossKdefendant. Within ten ( 4) days from service of the counterKclaim on the defendant with respect to the counterK claim. Sec.uired but not less than 5 days from receipt of notice of denial ")Bill of particularsKwithin 4 days from the notice of the order A)3upplemental pleadingK within 4 days from service Sec. Where the defendant is a foreign corporation doing business in the 1hilippines. the compliance therewith must be effected within ten 8!B7 days from notice of the order. unless the court provides a longer period. A thirdKparty complaint or a fourthKparty complaint or any complaint for that matter must be answered within fifteen ( 5) days from service of the summons. RULE //:5. within what period should it be answered? A. 'n a case of a bill of particulars where the motion was denied or where the motion is granted. ! Rule // (26ird8#art% (omplaint The time to answer a third (fourth. but not less than five (5) days in any event. Within fifteen ( 5) days from service of summons to the defendant. " Rule /2 Aill of #articulars )f the motion is granted. What is the period to file the answer? A.E4 2: 9ILE RES#:4SI-E #LEA*I4<S Q. Sec.H @4 days if done thru e7traterritorial service 2) &ounterclaim R 4 days form service %) &rossK&laim K 4 days form service 9) Third 1arty &omplaint R 5 days after service of summons 5) A &omplaintKinK'ntervention R 5 days form notice of the order admitting it @) AnswerKin a case where the motion to dismiss it is denied R balance of period re. when the bill of particulars was filed. Rule /! ('otion to *ismiss 'f the motion is denied. Sec. unless a different period is fi"ed by the court.
. either in whole or in part. . -ow about the crossKclaim? A. The defendant in a counterKclaim is the plaintiff. unless a different period is fi7ed by the court. Q. Sec. Rule // ((ounter8claim and (ross8claim A &ounterKclaim or crossKclaim must be answered within ten ( 4) days from service Sec. Q. Q. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading. Q. &omplaint.) party complaint shall be governed by the same rule as the answer to the complaint. etc. Rule /5 ((omplaint in Inter)ention The complaint of intervention shall be filed within fifteen ( 5) days from notice of the order admitting the same. -ow about a counterKclaim. the movant shall file his answer within the balance of the period prescribed by 0ule to which he was entitled at the time of serving his motion. he shall file his answer within the period prescribed by 0ule counted from service of the amended pleading. Q. <ive us the period within which a pleading may be answered 2 ) &omplaint R 5 days after service of summons2 %4 if foreign corp. completed from his receipt of the notice of the denial. .26
Ab) 9laims or defenses alleged therein but not incorporated or reiterated in the amended pleading are deemed waived. when should it be answered? A. 'f the pleading is ordered to be amended. 2 Rule // %here the defendant is a foreign private judicial entity and service of summons is made on the government official designated by law to receive the same. sending a copy thereof on the adverse party. &omplaint in intervention must be answered within fifteen ( 5) days from receipt by the defendants in intervention of the order admitting the complaintKin intervention. the answer shall be filed within thirty 8AB7 days after receipt of summons by such entity. Within what period must it file its answer? A. .
'f you were B. the defendant considers as vague. 3o what are you allowed to do before you file the answer? A. the original answer of the defendant may serve as the answer to the amended complaint and hence. B can file a motion to re. cannot be declared in default. The defendant has a period representing the balance of the original period he has.uestion. When a motion for Bill of 1articulars is filed. When may a motion for Bill of 1articulars be filed? A. At any time within the period for the filing of the answer. do you +now what is this lot in *&? A. What is the effect of the filing of the motion for Bill of 1articulars on the running of the period of the filing of the answer? A. 8ou are B. area etc. + If the filing of an amended complaint is not a matter of right. This being so. 3o the owner itself re. 'n the case of the supplemental pleading. within the period of the filing of the pleading. What is the concept of Bill of 1articulars? A. !hey may e1tend the time to file the pleadings but may not shorten them.uires that the identity by its boundaries (technical description). the period for the filing of the answer is suspended.ustice will be subserved thereby. The court may grant the continuance to enable the amendments to be made. the 1/)day period to answer is counted from the service of the amended complaint. of the lot in .27
'n a case of a complaint which was the sub. +If no new answer is filed by the defendant in case an amendment has been made after he has filed his answer. hence. the defendant whose motion for bill of particulars. Q. Q. Q. 3o the purpose therefore is to clarify an ambiguity in order to answer the complaint intelligently.But in no event should the period be less than five (5) days. What does it starts to run again?
. + If the filing of an amended complaint is a matter of right. 'n the case of a bill of particulars. the defendant may not possibly be in a position to file an answer.uire A to submit a Bill of 1articulars.uire A to submit a bill of particulars. so you file a motion to re. Before he files the answer. What is the purpose in as+ing the court to order A to submit a bill of particulars? A.
Rule /2: Aill of #articulars Q. then leave of court is required. he has a remedy to secure from the plaintiff a clear allegation of the facts. 'n an action for recovery. Q. Example: This is an action filed by A against B for recovery of a lot. the identity of the property must be stated. Q. RENE NOTES: + !he granting of additional time to the defendant to file an answer is a matter largely addressed to the sound discretion of the court. 8ou want that land to be identified. the answer must be filed within ten ( 4) days from service of the notice admitting the supplemental pleading. because unless you +now the lot A tal+ing about. Q.ected him (A) therfrom. 1leadings to be amended shall do so with liberality if the presentation of the merits of the action and the ends of substantial . for a number of years until B e. the 14)day period to answer runs from notice of the court order granting the same. is denied or where the bill of particulars was granted. 'n this e7ample. the period within which the defendant must file the answer would be the balance of the 5Kdays period within which he should have filed the answer but in no event less than five (5) days. 8our purpose is to allow you to properly file your answer. you cannot possibly file an intelligent answer. unless you +now the description of this lot A is tal+ing about. The complaint or a pleading may be vague or ambiguous. Which he has always been in possession of. The allegation in the complaint alleges that A is the owner of the lot in *&. A should have described in his complaint the boundaries.ect of a motion to dismiss which was denied.
he already consumed seven (") days of the original 5Kday period. RENE NOTES: + If the defendant files an answer but fails to obey an order relating to a bill of particulars or in case of insufficient compliance thereof. !!!. but in no event should the period be less than ten ( 4) days. his last day for the filing of the answer would be on ?an. Service is the act of providing a party with a copy of the pleading or paper concerned. !!! the order denying the motion or he received on this day a copy of a bill of particulars submitted by A. so that when he filed the motion for a bill of particulars. Because the rule says. !!4 R ?03 I7press delivered it to the court The date it is considered filed is on ?an. the answer may be stricken off the records and the defendant be declared in default upon the motion of the plaintiff. !!4 R the pleading was delivered to ?03 I7press ?an. 5. 9ilin. 4. !!!. a motion for a bill of particular was a litigated motion because thereunder.
. Therefore.s *. !!!. B ) A resides in 3ulu. 2 Rule /" Filing is the act of presenting the pleading or other paper to the cler+ of court. after the motion has been granted. therefore he has eight (A) days. #nder the old rules. but in no event should the period be less than five (5) days. This is why we have a provision that upon the filing of a motion for bill of particulars. B received the summons on ?an. Example: A vs. he must do so within the period fi7ed in the order. $r the court under 3ec. Nive the desticntions between 3ervice and =iling. $n the other hand. Cin no event shall the period be less than five (5) days. at the time he filed the motion. he shall only be entitled to one copy of any paper served upon him by the opposite side. Rule /": Ser)ice and 9ilin. the court can resolve the motion for a bill of particulars e7 parte or with notice to the adverse party. #nder the new rules. he received on this day a copy of a bill of particulars. Why not ?an. !!! within which to file the answer. -e filed a motion for a Bill of 1articulars on ?an. !. !!!.D Q. 2. B in Batanes. Sec. 3o. if B filed a motion for a bill of particulars on ?an. What are the sanctions against the failure of the plaintiff to comply with the order of the court directing him to file a bill of particulars? A. conse. the plaintiff has filed a motion for Bill of 1articulars and the defendant receives a copy of the Bill of 1articulars. 'f any party has appeared by counsel. ('anner ) personally to cler+ of court 2) registered mail. if the court does not fi7 the period within which A must file the bill. then a copy of the pleading can be served only by ordinary mail. !!!. unless the court desires that that motion be heard with due notice with the adverse party. A. the court must set for hearing a motion for bill of particulars. not ordinary mail Example: 3uppose a pleading is filed by ?03 I7press or 6B& ?an. there is no registered mail service. That period cannot be shortened. 3o. A filed the action against B. Q. if for instance. A. !!! and therefore he has already consumed thirteen days of the original 5 days period. it is understood that he has a 4Kday period. This is no longer the case. 3hould A be directed by the court to file a bill of particulars. 't starts to run again when a motion for Bill of 1articulars is denied and the defendant received a copy of the order of denial or it starts to run again when. 5. it can be e7tended. 2. 4. When he received the order of denial on ?an. the cler+ of court should refer the motion immediately to the court. unless service upon the party himself is ordered by the court. 5. of #leadin.28
A. but never shortened. he has still five (5) day period until ?an. the court may order the stric+ing out of the pleading to which the motion for bill of particulars refers. Where one counsel appears for several parties. 'n 3ulu. is. The sanctions against the failure of a party plaintiff to file the bill of particulars when ordered by the court.uently he has only two (2) receiving days. . 5. because that is the balance to which he is entitled to at that time? A. 4. B has eight(A) days counted from ?an. !!!. 3o. which is the date it is delivered and received by the cler+ of court and not on the date of deposit to ?03 I7press. service upon him shall be made upon his counsel or one of them. 'f B received on ?an. % 0ule " may dismiss the action for failure to comply with an order. Within what period should an answer be filed following the denial of the motion or following the receipt of the Bill of 1articulars? The rule says that2 The defendant is entitled to the balance of the period he was entitled to.
how can such pleading or other papers be served? (8ou cannot serve it personally because. 4. the office the adverse party is not +nown. if B cannot prove that he served a copy of his motion to A. !!A. 't can never be done by ordinary mail. 5. B withdrew this mail on Dec. Sec. A copy of that decision was sent to him by registered mail on Dec. $n the other hand. !!A not on Dec. Q. !!A. But when it is a registered mail.D Example: B files a motion (this is litigated). Where a party wants to serve a copy of his pleading or other papers. when it was filed on ?an.udgment. because a litigated motion cannot be resolved by the court unless there is proof of service of a copy thereof to the adverse party. !!A? A. !!! after receiving the copy of this notice of appeal of B. =or purposes therefore of the appeal. !!!. This is a remedy which does not appear to be appreciated R by many lawyers. he cannot be served by registered mail or by ordinary mail. there is a record. within the fifteen ( 5) days period for the filing of the notice on appeal. There must be a definite starting point Where the service is by ordinary mail. @ days already passed. -is residence is not +nown also. Q. !!!. Therefore. there is none. B is deemed to have received the copy of the decision on Dec. But in the case of ordinary mail. this period e7pired on Dec. Cfailure to serve personally or by mail. 5. A now filed a motion to dismiss the appeal on the ground that it was filed late beyond the reglementery period. 24. A . within which to file his notice of appeal and the last day of this 5Kday period is ?an. B. /+ Rule /" Imphasis on 6ast sentence -ersonal service is complete upon actual delivery. 4. 5. 4. !!A. 24. !!A. 4. But of course. registered or ordinary. judgment. !!A. Reason2 There is such a thing as a period of appeal or for the performance of some legal acts. !!A. And since he has only a 5 day period from Dec. there will be no definite starting point for the period to appeal or to that other legal acts. there is a record or whether it is a personal service. B was deemed to have received it legally five (5) days after Dec. and there is also a registered mail service in Batanes. 24. All that B does is to serve a copy of his motion to the cler+ of court. The service on the cler+ of court on that day it was served to him is e. B received it on Dec. B has a period of 5 days counted from Dec. 3o. you do not +now where he is. Q. his residence is not +nown. the hearing on Dec. Example2 A vs. ?an. !!A within which to file the notice of appeal. Ser)ice $% re. 3ervice can be effected by ordinary mail. 9. The hearing is set on Dec. Why? There is no record. Q.uivalent to a service of to B. 1ervice by registered mail is complete upon receipt by the addressee. %) There is a registered service in 3ulu. B has to prove that B could not serve it on AEs office or residence either personally or by mail. +ow about final order. for the simple reason that. 9. !!A. !!A.istered mail.udgment was rendered against B. either by personal service or by registered mail for that matter. The postmaster sent to B on Dec. What would be the correct ruling on the motion of A? A. !!A. although he physically received it on Dec. service can be done only by registered mail Q. B in opposing this motion of A argued that he (B) actually received from the mail on Dec. B cannot serve a copy of the motion to A because the office of A is not +nown. When is service by registered mail deemed complete? A. B filed a notice of appeal on ?an. !!A a notice to the effect that this mail is pending in the post office. !!A. A contented that under 0ule %. . this motion can be heard on Dec. or after five 897 days from the date he received the first notice of the postmaster. 24. 3o the motion of A is not legally tenable.4
2) There is a registered service in 3ulu. resolution. whichever date is earlier. let us say. 1ervice by ordinary mail is complete upon the e"piration of ten 8!B7 days after mailing. but there is none in Batanes. 3o he has to notify A of the motion. 24. !!A cannot proceed because this is a litigated motion. the 5Kday period is counted from Dec. 5. 5. unless the court otherwise provides. What is the remedy available to B even if A was not personally served with the notice of the motion. -ow can he be served? The party serving must serve his pleading or other papers on the cler+ of court by proving to the cler+ of court. 24. !!A the . 3o. 5. 5. -e cannot be furnished by mail (registered or ordinary). how can they be served ? ) $nly by personal service and 2) By registered mail. 3o.
0ule % is mandatory and this is e7emplified in the case of 3olar Theme Intertainment 'nc. or Ab) @y service by mail. This sec. or if he has no office. whichever date is earlier. Q. Ac) @y service by publication. in the absence of a notice given by a postmaster. Where service other than personal is resorted to. 4 of 0ule %. . &AL %244 August 5. or if his office is unknown. or ) tendering him a copy if he refuses ) complete upon actual delivery 2. Ac) :eaving the copy between 7 a. you serve personally. there must be an accompanying e7planation why the pleading was served by means other than personal service. if party is summoned by publication and has failed to appear in the action. 'f there was no notice from the postmaster that he has a pending mail. Ab) :eaving a copy in counsel3s office with his clerk or with a person having charge thereof or. service may be done by ordinary mail.ENTS5 4(N-6 OR)ERS -N) RESO6%T(ONS Aa) @y personal service. :" P6E-)(N!S 1. the service is deemed complete upon actual receipt. personal service Aa) >elivering personally a copy to the party or his counsel or. // Rule /" %henever practicable. #riorit% in t6e Ser)ice of #leadin. 0ule %? A.s C -ersonal 1ervice 1leadings and other papers should be served whenever practicable by personal service. RENE NOTES: + . if known. What rule will apply if we now consider that he received it legally and physically on Dec. + ) !hey 9A--$! be served by substituted service. 2. the service is deemed complete upon the e7piration of five (5) days from the first notice. If it is not in the record. service by mail Aa) If no registry service is available in the locality. An omission of this e7planation is fatal because this pleading shall be considered as not having been filed.odes of 0ervice -" J%)!. Personal Service ) by handing a copy to defendant. he has deemed to have receive it when he physically received it on Dec.udgment. per 3ec. 5"cept with respect to papers emanating from the court. or Ab) After / days from the date he received the first notice of the postmaster. then you have to state why you furnish by means other than personal service. 3o. final order or resolution. of either sender or addresses. .m. What will be the effect of failure to comply with 3ec. !!A.m. 24 in which case the appeal on ?an. unless the court provides otherwise. to the addressee. vs. this rule must be strictly followed. 3o whenever you serve. and 2 p. with a person of sufficient age and discretion residing therein < if no person found in his office. at the party3s or counsel3s residence. When a pleading is served other than personal service. !!!. 2!4 3&0A @45. ) !hey can be served only under the three modes. 9 was deemed complied. and*
. Ab) %ith proof of failure of both personal and service by mail. the service and filing of pleadings and other papers shall be done personally. 'f you do not serve personally. 24? A. but if there is a first notice and the mail is not received within five (5) days from first notice. Service by registered mail* Aa) 9omplete upon actual receipt by the addressee. Completeness of a Service 1. Sec. Proof of 4ilin/ + ?iling is proved by its e1istence in the record of the case. then this pleading is deemed not to have been filed.1
Q. Service by ordinary mail: 9omplete upon e1piration of 14 days after mailing. and there is no accompanying e7planation of this. Iffective ?une .
Q. Q. Q. 8ou go the house of the defendant. There are four (9) means2 #ersonal ser)ice R which is preferred. or if filed by registered mail* proved by < Aa) the registry receipt and Ab) !he affidavit of the person who did the mailing.urisprudence of substituted service? A. 3o. This is similar in the case of an accused who has not been arrested and has not been arraigned. 1ummons is served either by ) personal service2 2)by substituted service.urisdiction of the court. /o.urisdiction of a court to the person of the defendant is a must. #nless a defendant is within the . heEs deemed to have already been served. What does personal service consist? A.uiring him to file the answer within the period stated in the summons with a warning that should he fail to answer within the reglementary period.
Proof of Service + Croof of personal service* Aa) %ritten admission of the party served. Then you resort to a substituted service.urisdiction over the person of the defendant.urisdiction over the person of the defendant.udgment against on accused who has not been brought under its . even though the defendant did not sign. 8es. the court cannot validly render . 0ule @ includes in its enumeration grounds of a motion to dismiss the fact that the court has not ac. 3upposing the defendant said. /o. With any person? A. is there a valid substituted service? A. the court cannot validly render a . -ow is summons served? A. 3ummons is intended to vest in the court the . The sheriff or process server must leave the summons. ' will not receive. What is the purpose of summons? A. when the court has no . 'n what way may substituted service be effected? A. ?ust to show you that the .2
) ) if filed personally* proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same.udgment may be rendered against him on the basis of the evidence that the plaintiff may advance. The purpose of the summons therefore is. 3o.%) service by publication or9) by any other means which the court finds it proper. to confer to the court . nobody is there.urisdiction over the person of the defendant. Whether he signs or not in the ac+nowledgment of his receipt of the summons. The court cannot render . or Ab) $fficial return of the server.udgment in the case. What is the . Q. is it served? A. Q. CAyaw +o. Q. What time will it be reasonable?
. Therefore. the complaint and all the other documents attached thereto with a person living in the house of the defendant. Q. only a person of sufficient age and discretion.urisdiction. the process server goes to the house of the defendant but does not find the defendant there because he is out but finds a neighbor who is visiting in that house and leaves the summons with the visitor. 3ubstituted service is the interrogation of the rights of the defendant.D the person serving it +ic+ it towards the defendant. leave that summons with the person in charge of the office. 'f you cannot serve it to him personally because you cannot find him in the place where you thought you could find him. because that visitor is not a person living in that house. if the defendant is not there. or Ac) Affidavit of the party serving Rule /. Q. a .: Summons 1ummons is the compulsory process issued by the court notifying the defendant that a case been filed against him and re. substituted service can be effected only when the defendant cannot be served personally within a reasonable time.uired . is the fact that 3ec. the complaint and all other documents accompanying the complaint. Then you go to his office. 't consist of actually giving to the defendant a copy of the summons. .udgment.urisdiction over his (defendant) person. Q.
to e7clude the defendant from any claim that he may have over that propertyH or 2. 5 of 0ule 9. the process server or whoever was commissioned to serve it must state in his report the following2 . where the whereabouts of the defendant is un+nownH they could not be ascertained notwithstanding diligence in ascertaining such whereaboutsH %. %hen the defendant does not reside and is not found in the -hilippines and the action affects the personal status of the plaintiff or relates to. service of a summons by registered mail is covered by the phrase.uired to render a report on what he did. 'f the summons was served on its agent or representative in the 1hilippines. When may summons by publication be effected? A. whether he is the sheriff or the deputy sheriff or the process server. of si7ty (@4) days from notice within which to file the answer. *alaya case. a return of service is the report that the server. /5 Rule /. -ow may a nonKresident defendant be summoned when the case against him is any of the case aboveKmentioned (action involving the civil status of the plaintiff or an action involving real property in the plaintiff? A. that summons cannot be served by registered mail. The server. the sheriff. when the defendant is a resident defendant but is temporarily out of the 1hilippinesH 9. 3upreme &ourt holding that under 3ec. the summons was served on a government officer. the period depends on whom was the summons served. The defendants received the registered summons.uired of a sheriff or process server to do when he resorts to substituted service? A. by any means that the court may find proper. in short. on whom it was served and how it was served. an action which involves the personal status of the plaintiffH b. how the summons was effectedH meaning therein the particulars such as the date of service.urisdiction of the court over their persons. by personal service This means to say that the court in the 1hilippines can send somebody abroad to serve personally the summons. 'f on the other hand. a copy of summons and the complaint and all the other papers attached to the complaint must be sent by registered mail to the last +nown address of the defendant. Sec. where the defendant is sued as an un+nown defendantH 2. Where the service is substituted. the then ?udge Antonio :alaya of &=' :anila ordered the defendant residing in #3A summoned by registered mail. -e must state in his return of service. in which the defendant has or claims a lien or interest.3upposing the sheriff or process server went to the house of the defendant once and did not find him there< Q. or the subject matter of which is. the defendant has a period of thirty (%4) days from receipt of the summons within which to file an answer. Where a defendant is summoned under 0ule 9 under 3ec. There are several ways of serving2 . sheriff or process server renders to the court on what he did with that summons (or sheriffEs returnK other term for return of service). summons by publication may be effected& . What is re.D 'n the case of a foreign corporation doing business in the 1hilippines. is re. Q. actual or contingent. But in this case. the impossibility of serving the summons personallyH 2. the reason for such impossibilityH %. 'n the Cariaga vs. %. the substituted service is null. when the defendant is a nonKresident defendant and the actions against him be any of the following2 a. 2. Cany other means that the court may find proper. where the property is a property of the defendant and this property has been attached. They contented.ect matter of the suit is real property
The reliefs prayed for respecting the real property are as follows2 . by publication in a newspaper of general circulation for such period of time that the court may deem proper. #nless all this data appear on the return. 3upreme &ourt overruled this contention. Q. or on which 5 thereof. 3o they file a motion to dismiss the complaint on the ground of lac+ of . the defendant has a period
. the period is fifteen days. the sub. They argued that the summons effected then by means of registered mail was not a valid summons. )n the following cases. property within the -hilippines.
by the defendant.. + demands a relief which consists wholly or in part in e1cluding the defendant from any interest in any property within the Chilippines."
the relief demanded consists. personal service out of the Chilippines as under e1traterritorial service. new summons must be served on the defendant on the amended complaint. + Any form of appearance in court. ) 0erve on A1/) resident agent.ode of Service a) with leave of court served outside the Chil.C5@:I9 9$(C$(A!I$-0 ) ) upon any or all defendants being sued under common name. or by publication in a newspaper of a general circulation in such places and for such time as the court may order. 0&('I9& 5C$. in case of minors* by serving upon the minor. 0&('I9& 5C$C(I0$-&( >. a copy of summons and order of the court shall be sent by registered mail to the last $nown address of the defendant. 1. or b) with leave of court served by publication in a newspaper of general circulation. or ) $n any officer or agent of the corporation within the Chilippines ) In case defendant is the (epublic of the Chilippines < by serving upon the 0olicitor =eneral ) In case of a province. wholly or in part. or if none. @y personal service. + @5! where the defendant was declared in default to the original complaint and the plaintiff subsequently filed an amended complaint. summons by publication is invalid as being violative of the due process clause. by leave of court. 0&('I9& $. unless when they are his legal guardians I. + relates to or the sub. corporate secretary. the plaintiff must obtain the appointment of a guardian ad item for him. In case of incompetents* by serving on him personally A-> upon his legal guardian.ail or prison
=. or also upon either of his parents. within which the defendant must answer.C&!&-!0 ) ) ) ) ) ) 9.ect of which is property within the Chilippines on which defendant has a lien or interest. is equivalent to service e1cept %#&(& such appearance is precisely to ob. Requisites a) defendant does not reside or is not found within the Chilippines b) the action either* + affects the status of the plaintiff. &E!(A)!&((I!$(IA: 0&('I9&
!o the president. general manager. RENE NOTES: + %here the defendant has already been served with summons on the original complaint. which shall not be less than si"ty 8DB7 days after notice. or the property of the defendant has been attached within the -hilippines service may.&-!I!B %I!#$5! D5(I>I9A: C&(0$-A:I!B @. . A-> upon his legal guardian. + property of defendant has been attached to the Chilippines 2.?$(&I=C(I'A!& D5(I>I9A: &-!I!B ?. or like public corporations < by serving on its e1ecutive head. be effected out of the -hilippines by personal service as under section D. in which case. or in any other manner the court may deem sufficient. managing partner.I-$(0 A-> I-9$. in e"cluding the defendant from any interest therein. 0erve an officer having management of the . + Service of Summons on )ifferent Entities A. as the original complaint was deemed withdrawn upon such amendment. regardless of age.C$(A(I:B $5! $? !#& C#I:ICCI-&0
+ %here the defendant is a resident and the action is personam. but not upon his parents. ) =ov3t official A 4) designated by law. or on such other officer or officers as the law or the court may direct. 0&('I9& 5C$. 0ubstituted service or with leave of court. or person in charge of office serve personally and on guardian or any person e1ercising parental authority over him.A-B &'&-!.ect to the . by his agent authoriFed to do so. if the minor or incompetent has no legal guardian. in which case copy of the summons and order of court must also be sent by registered mail to the last known address of defendant.urisdiction o the court over the person of the defendant. treasurer or in)house counsel ) 0ervice upon a person other than those mentioned is invalid and does not bind the corporation. or c) any other manner the court deem sufficient. 0&('I9& 5C$. 0&('I9& 5C$>$. 0&('I9& 5C$(&0I>&-! !&. Any order granting such leave shall specify a reasonable time.&0!I9 C(I'A!& D5(I>I9A: &-!I!B &.
. city or municipality.
#. or by attorney. no further summons is required on the amended complaint I? it does not introduce new causes of action.
udgment or decision. or answer Sec. the relief prayed for by B is the dismissal of the complaint of A. A motion for e7tension of this is one. But if you want to obtain a . / Rule /5 A motion is an application for relief other than by a pleading. Will there be a trial on the merits of the case when this case will be dismissedJ A. Q. 2. incidents in connection with which a party may want to secure a particular relief. ordering B to pay him damages.litigated motion is one. Example2 (6on. They are the complaint. the plaintiff have the right to resist this motion such that if he has. answer. Dismissal of the complaint. 3o that if the trial was set on ?an. 8ou have a complaint then an answer and after trial you have the . A. in between the course of the proceedings. you can prove that by means of a complaint. complaint in intervention. !!!. !!!. What are pleadings? A.udgment on the merits of the case. There are many incidents while a case is pending. What are the $inds of motions? A. whatever relief you want to obtain from the court before the . 3o A or B wants the trial to be cancelled. Example: A vs. which the court can resolve e7 parte. Q. either A or B will file with the court a paper as+ing therein that this date of hearing be cancelled. 'n so far as B is concerned. counterclaim. What does B want as a relief? A.urisdiction over the person of the defendant/ shall not bee deemed a voluntary appearance. After this complaint was filed on ?an. Example2 Trial is set. etc. 0ule 5 defines a motion as an application for a relief not included in a pleading.udiced. B now files a motion to dismiss. B. Why? Because you cannot incorporate in your complaint or complaints in intervention this reliefs which will not constitute a .litigated *otion7 B the defendant files a motion for e7tension of time within which to file the answer. Does A. third party complaint.
.udgment. there be many relief a party may prayed for but not a . A prayed that he (B) declared the owner of the land. you get that through a pleading called motion. 3o whatever you want to get from the court. The relief prayed for by A is that a . 3o. Rule /5: 'otions *otion is defined as an application for a relief not embodied in the pleading. which a court can act upon without hearing the adverse party because the adverse party does not have the right to oppose application for relief and should the court resolve this motion without hearing the adverse party is nevertheless not pre. this motion cannot be heard unless he (A) be first notified. :ay either of the parties secures any relief other than a . /onK6itigated motion 2. Example: A vs.udgment.udgment.udgment on the merit. you can obtain that only by means of a motion. counterclaim./
+ Inclusion in a motion to dismiss of other grounds aside from lack of . Q. Q. between the tie this case is pending and times this case is decided. Q. /one. 29. 8es. A. Iither A or B is not ready to go to the trial. That is why 3ec. 6itigated motion A non. There are two (2) +inds of motion2 . B.udgment be rendered against B declaring A owner of the land and ordering B to turn over to A the possession of the land. crossKclaim.
Example2 A vs. the period for the filing of responsive pleading is shortened. the motion to dismiss may be denied. will pre. Where. that party must attach to the motion the pleading desired to be admitted.udice A.otions agreed upon by the parties to be heard on shorter notice or . A should already attach the copy of the amended pleading. . if a party wanted to file a motion for the admission of an amended complaint. The court resolves his motion to dismiss without a prior notice given. B files a motion to amend the complaint. &1 parte motions 2.ointly submitted by the parties ". unli+e the old rule. the plaintiff. because it e7ceeds already. under the old rule. B. Why is it litigated? What would be the effect if the court would now grant the motion to dismiss? A. 5rgent motions . /o. / and 2 of (ule 1/ is a mere scrap of paper.uently.otion for . you cannot set your motion for hearing earlier than ten days. 't must done so within 4 days.2
:eaning. 's the action of the court in resolving the motions without giving notice to A proper? A. the court cannot hear it. and if filed. Example: (4itigated *otion) A vs. under the rule on summary procedure. #nder the new rule now. . B. is not entitled to .udgment which must be served at least ten days before its hearing + Any motion that does not comply with sections ". &onse. .ect therein. . and if the court hears it. The complaint will be dismissed even without being heard. the court cannot validly rule on the motion. A may resist the motion. This is if you follow strictly the rule. the plaintiff A.udgment . 3o. 3o. because this is a litigated motion. 3o we say that in a motion to dismiss. Why? Because a litigated motion adversely affects the right of the adverse party. no more. B files a motion to dismiss. 'n other words. there will be considerable delay. !!A. Q.udgment on demurrer to evidence !eneral Rule: 3-day notice rule)service of the copy of motions should be made in such a manner as shall ensure its receipt at least three days before the hearing E#ceptions: 1. without the previous notice on the adverse party. the motion is litigated. the motion should be set for hearing in such a manner that a ten 4Kday period must elapse between the services of the motion to the adverse party and the date of the hearing. he could file the amended complaint only after the court has already granted the motion. !!A.udgment on the pleadings 2. without giving the adverse party the opportunity to ob.udice the right of A. .otions for summary .udgment E#ceptions: 1. however. .udgment. and that is a motion for summary . then therefore. Q. There is one e7ception however to this rule. The hearing without notice of A.otions a) !otion e" parte < made without the presence of a notification to the other party because the question generally presented is not debatable b) !otion of course < where the movant is entitled to relief or remedy sought as a matter of discretion on the part of the court c# $itigated !otion < one made with notice to the adverse party to give an opportunity to oppose d) %pecial motion < motion addressed to the discretion of the court !eneral Rule: A motion cannot pray for . the court cannot validly act on the motion.otion for summary . 2.udicial cogniFance and does not affect any reglamentary period involved for the filing of the requisite pleading. A the plaintiff has the right to be heard or to resist the motion and unless the motion is heard in accordance with 0ule 5. The advantage is this. the hearing is void. Why? Because had he been notified and would have ob. When a party files a motion for the admission of a pleading. without the presence of the adverse party. . if you want the pleading to be admitted. The amendment not being a matter of right so in this motion. #nder the rule on summary judgment. RENE NOTES: ?inds of . it will not in anyway pre. 't could not be set Dec. Why? Because even though the court acts on the motion. This is not proper. 't is nonKlitigated.ection may be considered by the court. unless the adverse party is notified of the hearing of that motion. attach that to your motion. should not be accepted for filing.ected and his ob.otion for . the latest date this motion will be set for hearing is Dec.
. A motion must be set for hearing not later than ten 8!B7 days from the date of its filing . 3o if the motion is filed Dec. 't can be heard without notice of A.
ect matter of the case %.uired .urisdiction over his person. ?urisdiction is conferred by law. By the voluntary appearance of the defendant before the court. the court did not ac. lac+ of .ect matter of the case simply means that the court has under the law the authority to decide that particular case. By the issuance of the summons and its valid service on the defendantH 2.uired .urisdiction over his erson because he was not summoned. /o.urisdiction of the court over the sub. -e prayed for the dismissal of the complaint. the action is barred by prescription !. he voluntarily recogniGed the . lac+ of legal capacity of the plaintiff to sue 5.urisdiction of the court over the persons of the defendant. he prayed for a relief and that is the e7tension of the time. the defendant was not validly summoned. 3o. if a defendant files a motion to dismiss.uire .urisdiction of the court over his person.udgment. With respect to voluntary appearances the voluntarines of the appearance may be manifested by the filing of the pleading with which a party see+s a relief other than the dismissal of the complaint based on lac+ of .urisdiction of the court by filing this motion to dismiss? A. -e nevertheless filed a motion to dismiss on the ground that the court has not ac. 6et us assume in this e7ample that B files a motion to dismiss on several grounds. waiver or any other ground of e7tinction of the obligation ".urisdiction of the court over the person of the defendant 2. because precisely he contested the . e7tinction of claim by reason of payment. however. unless the court ac.uired . he filed in court a motion for e7tension of time to file the answer.ect matter of the caseD? A. because when B filed a motion for e7tension of time to file the answer. improper venue 9. What is meant by. the filing of the motion does not amount to a submission of himself to the . the court cannot validly render a .urisdiction of the court over the person of the defendant.urisdiction over his person.uire . Blg. #pon hearing. The motion was denied. 's B deemed to have voluntarily submitted himself to the . Clac+ of . 'n addition to this ground. Q. By so filing the motion. abandonment.1.6
Rule /!: 'otion to *ismiss Q.urisdiction of the court over sub. 2! The ?udiciary 0eorganiGation Act of !A4 as amended. B opposes the motion saying that the court has not ac. on the ground that he was not validly summoned and therefore the court has never ac. lac+ of . Q. and in addition. /o. Example: B. The plaintiff now moves that B declared in default.urisdiction of the court over his person. /o. the claim is barred by statute of fraud or barred by res .udicata A. / . 's the contention of B correct? A.urisdiction of the court.urisdiction over his person because no valid summons was served on him. (nder the old rule.urisdiction over the person of the defendant. B was not summoned. Q. Example: A sued B. /o cause of action 4. Q. <rounds of 'otion to *ismiss are specificall% mentioned on Sec. There are two 8>7 ways the court may ac#uire jurisdiction over the person of the defendant 2 . The motion was denied. The court granted the motionH B did not file the answer. the foremost of these is that.urisdiction over the person of the defendant. is B deemed to have submitted himself to the . he is deemed to have submitted himself to the . At anytime within the period for pleading but before the answer has been filed. you +now very well that. he also invo+e the following2 ) the venue is improperly laidH 2) the facts alleged in the complaint do not constitute a cause of action. because he was not validly summoned. ?urisdiction of the court over the sub. failure to comply with certain conditions precedents With respect to . added other grounds such as improper venue or failure of the complaint to state the cause of action. 3ec. When should a motion to dismiss be filed? A.urisdiction of the court. ! Inumerates the cases triable by 0T&
. where the motion to dismiss is based on lac+ of . he was sued. 3ee B.urisdiction of the court? A. but in addition to this ground he adds other grounds. 6itis pendentia @.
because if you do not allege all the others already available but not raised are deemed waived.udgment of &=' against &. This is best illustrated in the case of Tijam vs. Therefore. A may also adduce his evidence.uestion of . A now contented that the appeal of B would not be entertained by &A for lac+ of . grant the motion or deny the motion. if you have five (5) grounds and you raised only three (%).444. & is estopped already to . &A denied. 0eason2 &=' of :anila did not have . the parties went to trial without raising the . it means it grants the motion to dismiss. went to &A have this appeal litigated. & filed a motion for reconsideration.urisdiction of the &='. 3& ruled that because of the doctrine of estopped by laches. the prevailing party. The amount sought to recover was one within the . The amount involved is more than 1244. (nder the old rules. %% as well as under 0ule " and under the 0ule on 3ummary 1rocedure. & argued that .urisdiction but it can decide validly the case. B here is the movant. $f course A has a right to oppose. & elevated the matter to the &A. /o one raised the .urisdiction of the court.urisdiction was raised. 3o. & allowed the case to be tried as against him to enforce his liability as a surety of B. was already too long.urisdiction of &A.urisdiction to try the case. -e can file his opposition. 's B here within his rights to file a motion to dismiss based on the ground of lac+ of . -e went to trial never raising the . $n the strength of the omnibus motion rule.uestion the appellate . What are the re.urisdiction and because of the long passage of time between the rendition of the . &A affirmed the .udgment was rendered by the trial court.udgment and the time the motion . The .urisdiction of the court to try the case? A.uire the presentation of the evidence of the movant. The matter reaches the 3&.uestion the lac+ of .udgment became final.ect matter and therefore that is a ground to dismiss. This case. DeniedO 't was only thereafter that he now files a motion . Q. The .uestion of lac+ of . This is not now. The trial of the motion to dismiss may re. Therefore. 6et us assume however that instead of filing a motion to dismiss. -ere is now the motion to dismiss by B filed in this case of A. the defendant files an answer. therefore a court tries a case which is not among those enumerated under the law as within the competence to try. 3o the case was decided in favor of A. Q. When does the court not have . but the parties went to trial. 2! 3ec.1.urisdiction to render a .ect matter of the case and yet the court can validly try and decide the case? A.urisdiction can be raised at anytime on appeal. Example: #nder B.udgment of &=' affirmed by &A is valid? 3& ruled that the .udgment because the sub.urisdiction of the :T&. there is such a thing as Cestoppel by laches in jurisdiction'.uestioning the lac+ of . A by agreeing that that this appeal be litigated in &A is estopped to . This was filed in the :T&.uirements? A. :ay there be a situation when a court does not have . 3o. the remaining two (2) are deemed waived. 8es Q. A vs.444.urisdiction over cases involving more than 1244.uestion of lac+ of .urisdiction of the :T& not the &='. All the grounds enumerated under 0ule @ as grounds for motion to dismiss must be averred in the motion to dismiss. ta+e positive stand to order amendment.urisdiction of &A. The court may either order the amendment of the complaint or dismiss the complaint. Therefore. we say that the court has no . & resisted the action.you must allege all of them. The court must.urisdiction over the sub.ect matter was within the . the court will resolve the case. B may present his evidence to support his motion. . At the time of the appeal. 'n another case. filed a suit for declaration of nullity of marriage. now can file a motion to dismiss. B appealed to &A. But an action for declaration of nullity of marriage is one triable by the 0T&. A. B. A suit was filed by A against B in &=' of :anila to recover an amount. 8es. 't cannot defer ruling on a motion to dismiss on the ground of the motion is not indubitable. 'f he dismisses. 0eason2 While it is true &=' has no .7
3ec. the court could defer ruling on a motion to dismiss of the ground that the basis therefore is not indubitable. 1ibunghanay. 'ssue2 Whether the . -e files this in the 0T&. is lodged with 3&.urisdiction of the court to decide the case. if you have five (5).uestioning the . they cannot be proceeded after the motion is filed. 3o.
. yes Q.urisdiction over the sub. B.urisdiction of then &=' of :anila.udgment sought to be against & was acted as surety of B. A.udgment is valid. . A sued B for forcible entry. %% Inumerates the cases triable by inferior court Where. an action for forcible entry and detains is triable e7clusively by the :T&.
This means therefore that. the case will dismissed even without A having presented his evidence. 8 and > and A presented &. 'n our e7ample B. Q. because the law has given the defendant two (2) options2 . the counterclaim is automatically dismissed. 8 and >. 3upposing the motion to dismiss was heard during which the parties presented their evidence and the motion to dismiss is denied. B pleaded a counterclaim against A.8
Q. This is the old rule. &an B prove this ground alleged in his defenses even before A presented evidence? A. Therefore. he may now file a motion for a preliminary hearing on the defenses. he can move the counterclaim be litigated in the same caseH or 2. #nless for some valid reasons the court may order the trial to be reversed. What is the effect of the denial on the evidence of the parties adduced during the hearing of the motion? =or instance. 't becomes final. res . which a counterclaim is supposed to stand. there is no longer any legal basis. D and I. even though there is no longer any complaint. the counterclaim pleaded in the answer is not dismissed. The action cannot be revived. abandoned or waived or otherwise e7tinguished 9. 'f the motion to dismiss is granted.uash. Q. -owever. 't is a matter governed by the discretion of the court. The dismissal is limited to the complaint. The rule is. the court will grant the motion for a preliminary hearing on the defenses is a matter of discretion on the part of the court. The rule is.udicata. it is the plaintiff who starts presenting the evidence.where the defendant alleged as defenses in his answer grounds for a motion to dismiss is granted . the defendant may allege in his answer as defenses all the grounds of a motion to dismiss. the claim has been paid. B may file an independent civil case based on that counterclaim. D and I? The rule is their testimonies will be deemed reproduced automatically during the trial on the merits of the case. the counterclaim survives the dismissal. B presented F. #nder 0ule %4 on Trial. The new rule now is. &. the motion to dismiss was denied. during the hearing of the motion. he filed an answer. But in this case. it will receive evidence on the defenses or it may deny hearing. $n the theory that a counterclaim derives its life from the complaint. &an the case be reKfiled? A. can the plaintiff reKfile the case? 3upposing the complaint was dismissed on the ground of improper venue. which will serve as the basis of a counterclaim. Where a complaint is dismissed. What is the defendant allowed to do if he files an answer with respect to the grounds of a motion to dismiss? A. instead of filing a motion to dismiss.udicata 2. depending on the ground of the motion to . in what proceeding can it be prosecuted considering that the main case is already been dismissed? A. that where the dismissal of complaint arising from a grant of a motion to dismiss may bar the reKfiling of that case in the following cases2 . DonEt worry. the court can grant the motion and in this case. unenforceability of the contract to the bond based on the 3tatute of frauds %. 8es. Q. improper venue. What becomes the counterclaim with the dismissal of the complaint of A? A. Q. 't is not the defendant. the court have the defenses founded to be established. 'f the counterclaim can subsist. Q. Q. the order of dismissal is res .
. 't is not a right of the defendant. or lac+ of legal capacity. 6et us suppose that in the answer. the complaint does not state the facts constituting a cause of action. 1rescription 'n all these cases. without reverse order of trial under 0ule %4. 'f the motion for preliminary hearing the evidence of A can now receive the evidence of B with respect to those defenses. What becomes now the testimony of F. B after filing the answer. for instance. 't is as if he filed a motion to dismiss. may B be allowed to prove his defenses even before A has proven his case? A. 'f in the answer he alleges as defenses the grounds for a motion to dismiss. Q. 6et us assume in this e7ample. This means if the complaint no longer e7ist.
3o. B has a period ending Dec. Q. What now becomes of the evidence received during the hearing? A. (?udge 6aggui is still wondering up to this very moment you are reading this note whether this word CservingD would have been an error. 8 and > even though F. #nder 0ule 3ec. !!! so the end would be on ?an. When the motion to dismiss has been denied. Rule /! )f the motion is denied. A. 't could have meant CfilingD because the usual counting of the period starts from the date of filing. !!A. Q. This word CserviceD could have been meant CfilingD because it is the usual period. within what period should B file the answer? A. he was given a new period of 5 days. Loo= at Sec. #nder the old rule. he shall be granted a period representing the balance of the period following the CserviceD of the motion. the court can consider the testimonies of F. 2 . !!A. irrespective of the number of days left. #nder the new rules. he had eight (A) days. !!!. 8 and > no longer appear during the trial on the merits of the case. 3o that in our e7ample. !!A. when court decides the case on the merits."4
$n the other hand. computed from his receipt of the notice of the denial.ections + may be filed by any defending party against whom a claim is asserted in the action. ". 3o. you count the period from Dec. Would not this word CservingD meant CfilingD. -e (B) filed his motion to dismiss on Dec. This is not the rule now. The motion to dismiss was denied in an order dated ?an. 8ou no longer count the period from the day you filed the motion to dismiss. 'n other words. !!!. But we have to follow because there is no reason why we should not follow. the minimum is five (5). 5. B was summoned Dec. ". Ividence will be automatically reproduced as evidence of the parties during the trial of the merits of the case. (?udge 6agui was wondering whether this could have been an error. but not less than five 897 days in any event. the order dismissing is not res . 4. + may be filed only by the defendant against the complaint of the plaintiff. . he would have only @ days counted from ?an. 24. and the trial should thereafter proceed. !!!. within what period should the defendant filed the answer? A. !!!. unless the court provides a longer period. the remaining period is counted from the balance of the pleadings counted from the day he CfiledD the moiton.) But in all events. 5.
. 3ec. 2%. the situation would be li+e this< Example: A vs. 8 and >. 6oo+ at 0ule 2. 2%. there was no day anymore left of the original 5Kday period. !!A but served a copy of that motion on A on Dec. 2%. This is only the provision which ma+es the starting point Cthe date of serviceD. therefore. if that is the case. !!!. 3o. !!A.udicata. when motion of a Bill of 1articulars is denied and that the defendant is to answer.(SS %N)ER R%6E AA <demurrer to evidence + based on insufficiency of evidence. 5. if we apply this rule. 'f we apply literally this provision. not the date of serving. + should be filed within the time for but prior to the filing of the answer of the defending party to the pleading asserting the claim against him. )f the pleading is ordered to be amended. 9.(SS %N)ER R%6E 1@ + grounded on preliminary ob. he shall file his answer within the period prescribed by Rule !! counted from service of the amended pleading. the movant shall file his answer within the balance of the period prescribed by Rule !! to which he was entitled at the time of Eserving' his motion. he (B) furnished a copy on A Dec. 5. if the ground of the motion to dismiss is other than any of these grounds already mentioned. 3o A days would give you until ?an. Q. . 5. F. 'f you apply 0ule @. B. B served this order on ?an.OT(ON TO )(S. RENE NOTES: . !!A within which to file the answer. Where the evidence of the parties is received in support of the motion to dismiss andJor support of the position to the motion and the motion is denied. But if youEre counting on the date of filing of the motion. !!! or on ?an. !!!.OT(ON TO )(S. the defendant was given anew 5 days from receipt of the order denying the motion to dismiss. who testified on the motion to dismiss. . he (B) can still file the answer within five (5) days from ?an. That means to say therefore. All other provision of the 0ules ma+e the CfilingD the basis. 8ou count now the period from the date the motion to dismiss was served. when he received the order of denial on ?an. + may be filed only after the plaintiff has completed the presentation of his evidence. the same complaint may be reKfiled. not CservingD.
2 covers the situation where the plaintiff still initiates the dismissal of the action. All that it does is to issue an order confirming the fact that the plaintiff dismissed the complaint.udice. ". %. A person goes over the record will now +now what happened with his case. because it (answer) was not yet served. 't was served only on Dec. such admission is limited only to all material and relevant facts which are well pleaded in the complaint. the dismissal is with pre. &ould A file his notice of dismissal on Dec. Q.T) 1. A filed a notice of dismissal. operate? A. This means that plaintiff can reKfile the case. @. There are two (2) situations covered2 The rule says. 6et us assume that B filed the answer on Dec. -owever. /o. But in this innovation now re. 5. / contemplates a situation where the plaintiff initiates the dismissal of the action. E44ECTS O4 -CT(ON O4 . the plaintiff may dismiss his action by filing a notice of dismissal. 0ule . the court was not re. @ considering that the answer was filed on Dec. #nder the old rules. Q. it would now be clear that the case was dismissed. What are the situations covered by 3ec. 24. !!". . !!" within which to file the answer. where the plaintiff has filed a notice of dismissal but he previously filed a notice of dismissal. $(>&( >&-BI-= the motion to dismiss is interlocutory Rule /1: *ismissal of Actions Q.(25: *IS'ISSAL RULE Q.udice. Q. it is the dismissal of the counterclaim or crossKclaim. What is the action that the court must ta+e when a notice of dismissal is filed? Will it order the dismissal of the complaint? A. Q. that anytime before an answer or a motion for summary judgment has been served on the plaintiff. When can he not reKfile the case by reason by his having filed a motion of dismissal? A. 5. it is a dismissal of the action of the plaintiff either at the instance of the defendant or at the instance of the court. #nder 3ec. + An action cannot be dismissed on the ground that the complaint is vague or indefinite. appeal from the order of dismissal 2. on Dec. which is different. if you did not +now 0ule " and you went over the record of the case where a notice of dismissal was filed.urisdiction
.uiring the court to issue an order confirming the dismissal. 'n 3ec. where the complaint is dismissed for the second time because of a notice of dismissal filed the second time. The dismissal filed for the second time produces a dismissal with pre. and 9? A. 't means to say that. whereas under 3ec. Q.udice. Q. What does the rule say? A. Why? Because the filing of the notice of dismissal automatically dismisses the complaint. And so. he can dismiss as a matter of right without court authority. you would not +now what is the status of the case. -owever. What is the effect of this dismissal of A? RE. Example: Dec. Sec.udice. Because with that confirmation. 2. This means to say therefore that the plaintiff cannot reKfile the action for the third time. A filed an action against B who was summoned Dec.E)8 1. 8es. 2. !he remedy of the defendant is to move for a bill of particulars or avail of the proper mode of discovery. he cannot dismiss without court authority. -ow does 3ec.uired to do anything upon the filing of the notice of dismissal. !!".. In Sec. the rule says. ". The situations covered by 0ule " are dismissal of a complaint or a counterclaim or a crossKclaim or of a complaint in intervention or of a thirdKparty complaint. . When in his notice of dismissal he started that the dismissal is with pre. This means to say that he filed a notice of dismissal for the second time. The notice of dismissal produces a dismissal without pre. Sec. $(>&( =(A-!I-= motion to dismiss is a final order 2. #owever. What is the effect of this notice of dismissal? A.B has until Dec. !!". certiorari and prohibition if there is grave abuse of discretion amounting to lack or e1cess of . . !!". . In Sec. 5? A."1
Effect of motion to dismiss: ) A motion to dismiss hypothetically admits the truth of the facts alleged in the complaint.
't may be prosecuted in the same case provided that within 5 days from receipt of motion to dismiss. 4. what happened now with the complaint filed on Dec. 't is a dismissal without pre. 25. Q. /o.udicata. The second dismissal produced by the filing on ?an. B served on A. Q. 3hould a compulsory counterKclaim be pleaded in the answer. !!A. This must be now dismissed because this is barred by the second dismissal.udice e7cept when the notice of dismissal stated that it is with pre. it must be on application of the plaintiff and upon approval of the court.udice. -e can no longer dismiss as a matter of right. 2 Rule /1 is still a dismissal at the instance of the plaintiff.udice now? A. 8es. Q."2
A. 2 0ule "? A. &an he validly do that? A.
Q. $n Dec. 8es. Q.udice unless the court provides otherwise. the counterclaim maybe litigated in a separate action. $n Dec. 't is a dismissal with pre. A filed the second notice of dismissal. ? A.udice. But the dismissal under 3ec. Q. 3upposing in the notice of dismissal filed on ?an. 22. What is the effect of the dismissal under 3ec. because the court cannot characteriGe the effect of the second dismissal. what would be the effect of the dismissal under 3ec. 't is always a dismissal with pre. says . 5. 24.udice? A. a copy of the answer on ?an. A reKfiled the same case. 'f ever any dismissal is granted. 2 0ule " on the counterclaim? A. 's the contention of B correct? A. otherwise. /o. The law provides the effect. !!". Q. That motion maybe granted by the court. 2 0ule " even if granted by the court. maybe sub.udice. B now filed the answer ?an. !!A. !!A. Does the court have to the order the dismissal? A. $n ?an. This is now a dismissal with pre. however its dismissal is no longer a matter of right. but with a proper motion that he be allowed to dismiss. the plaintiff manifest to the court that he desires that the counterclaim be litigated in the same case. When may a plaintiff dismiss his action with leave of court? A. /o. :arch 4.udice regardless of what A stated in the notice of dismissal. 3upposing the court issued the order saying that the dismissal is without pre. 't is automatically dismissed. 4. -e now says Cthis third complaint is barred by res . !!A. 't is still a dismissal without pre.udice. !!A is a dismissal with pre. !!A. a dismissal produces a dismissal with prejudice if filed by a person who previously filed a notice of dismissal. Q. This section embodies the soKcalled B20o *ismissal RuleD. All that the court has to do is to confirm the dismissal. 24. Dec. 't is unnecessary. B either serve on A his answer or his motion for summary . But can he still file it? A. Q.udice. Why is the dismissal with pre. B now files a motion to dismiss on the ground of res . -e can dismiss it only upon application of the plaintiff and upon approval by the court of the motion. A now files a motion of dismissal without leave of court.udgment on Dec.
. 25.udicata. B was summoned on ?an. will the resulting dismissal be also without pre. B has a period until ?an. because it is not for the plaintiff to characteriGe the effect of the dismissal as provided by law. Example: Q. 'n what proceeding may it therefore be prosecuted? A. !!A.udice. !!A.ection if the court issues an order not only confirming the dismissal but also an order of dismissal. Q.ect to certain conditions that the court may impose.udgment has already been served on the plaintiff. 22. @ when the notice of dismissal was filed. After a responsive pleading have already been served on the plaintiff or after a motion for summary . 'f the court grants it. A filed a case against B. Q. !!A. Because 3ec. The counterclaim is not dismissed. the court may impose a condition for the dismissal. But there will be no legal ob. is that order valid? A. Q. 22. A said it is with pre. -owever. /$. What is the effect of the second notice of dismissal? A. Sec.
therefore. This 3ec. 3o the dilemma cause by this ruling is this< What then would be the remedy of a defendant with respect to his counterclaim if the complaint is dismissed? There can be no way by which the defendantKcounterclaimant can prosecute his counterclaim. &A ruled that the order was wrong. there would still be a basis for the counterclaim. What is the nature of dismissal under this case?
. This time. he manifests to the court that he desires that his counterclaim be litigated in the same case. the dismissal of the complaint carries with it automatically the dismissal of the counterclaim. B now moved that a date is set on the reception of his evidence on the counterclaim. 2 0ule " of the complaint does not operate as a dismissal without pre. 't is now at the instance either of the defendant or of the court itself. :inance vs. A was declared nonK suited and the complaint dismissed. Where B has a counterclaim. But the complaint subsists. Q. 'f A now be declared as in default with respect to the counterclaim. This is the concept of dismissal under 3ec. the plaintiff be declared as in default with respect to the counterclaim. What is the dismissal under Sec.udice.ects. The theory being that. 3o.ect now to the dismissal of the action. The counterclaim is unaffected. (:otion for -earing on the &ounterclaim) A opposed the motion on the ground that. 2 0ule ". What B should do here is to move that A be declared as in default with respect to the counterclaim.D Q. #nder the old rule then (3ec. the court may grant the motion but sub. and the defendant has a counterclaim. if he (B) ob. 'f the motion is granted on the counterclaim the dismissal of the action is limited to the complaint."
Q. :eaning in substance. the defendant with respect to the counterclaim is A. Why? Because A is merely nonKsuited. 'f within 5 days from receiving the notice of dismissal. . the ne7t move of B now is to prove with his evidence his counterclaim. with respect to the effect of the dismissal on the counterclaim traces its rules to the case of B. this should be the procedure to be adopted by the defendant. A cannot only prove it. What is the effect of a nonKsuit? A. 2 0ule 24). the failure of the plaintiff to appear for hearing on a day during which he is supposed to present his evidence in chief on his complaintH 2. When may B prosecute his counterclaim in the same case? A. This is the basis of this rule now that the dismissal under 3ec. can litigate the counterclaim either in the same case or B may file in a separate action to enforce the counterclaim. 3o that he can prosecute his counterclaim. Q. the failure of a defendant to appear for a preKtrial may be a ground to declare him as in default with respect to the counterclaim. it is not dismissed. The 0T& sustained the opposition applying the rule then. a compulsory counterclaim derives its life from the complaint. (This is not the ruling of the court. the failure of the plaintiff to prosecute for an unreasonably period of time his actionH %. -e should now move that A. the corporation sued B. the counterclaim must be litigated in a separate action. the dismissal is no longer at the instance of the plaintiff. itEs a side issue.uestioning the order of the 0T&. A failed to appear. $n motion of B. The plaintiff cannot prove his complaint. under the rules and .A. the failure of the plaintiff to comply with this 0ules or with the order of the court.udiceD. Where the complaint is dismissed. 3imply. Q. Why is it no longer a matter of right on the part of the plaintiff to file a notice of dismissal after he has been served the answer or a motion for summary . What ne7t should be done by B following the declaration of nonKsuit of the plaintiff? A. B has a right to have that counterclaim be litigated and resolved. there is no longer any basis for the counterclaim to subsist. 't is there but it cannot be proven. B. otherwise. 3o. Q. When you say Cwith pre.) Fustice Bellosillo.urisprudence then obtaining. it means that the complaint cannot be received or reKfiled. There are three (3 grounds for a dismissal under Sec. he may now be considered as having failed to appear for the preKtrial on the counterclaim. $n preKtrial. the ponente suggested this remedy. with the complaint still subsisting although it can no longer be proven. 3 !ule "#$ . " Rule /17 A. that the dismissal of the complaint of A and B could no longer litigate and prove his counterclaim. 3o. CA :acts& A.udgment? A. 'f the complaint therefore no longer e7ist. 3ince A did not appear for the preKtrial.udice or that the court orders that the dismissal is with pre. but it is there. B now elevated the matter to &A. What would be the effect of a motion of A to dismiss his complaint? A.udice unless either the plaintiff manifest in his motion that the dismissal be with pre. the complaint is there. This was an obiter dictum. that the plaintiff be declared CnonKsuited. Do not move for the dismissal of the complaint. Q. 2 0ule ". After the dismissal of the complaint.
in some cases of an inaction for a year would be unreasonable.
. 3o. or his evidence in chief. the court may dismiss the action. % 0ule ". the case was set for hearing on Dec. They are commands from the court and therefore should not be ta+en lightly. 3o. no fi7ed date was set in the order of the court. or on motion of B. &an the action now be dismissed? A. 3upposing on Dec. Q. he was absent and the motion of the defendant the court ordered that the presentation of the evidences of the plaintiff so he was unable to complete. the dismissal is with pre. or to be implemented. Q. -ow long a period of time should elapse following the filing of the complaint in order that the inaction of the plaintiff to prosecute it may be considered an inaction for an unreasonably long period of time? A. but he did not
Q. -is absence on any other hearing is not a ground for dismissal under 3ec. appear. Ta+e for instance this actionable documents. 'f the plaintiff does not move to set for preKtrial case following the filing and service of the last pleading and the intervening period between the filing and service of the last pleading and the inaction of the plaintiff and in the view of the court unreasonable. -e already produced his evidence in chief. /o. a trial has been set following a preKtrial. The failure of the plaintiff to comply with the rules 8Rules of Court7 and with the order of the court. Ta+e note that the absence of the plaintiff for a hearing is not in itself a ground for a dismissal under 3ec. There is no fi7 period considered as reasonable. where an action or defense is placed in an actionable document. which will be the basis of that . #nder the rule. what are the penalties? A. 0emember that under 0ule A. When there is no compliance with this rule such that neither is the te7t of the document . but A was not present on this day. 4. but he had partially produced his evidence. Q. There is no fi7 period. % 0ule ". !!A. !!A A was supposed to present his rebuttal evidence. this is a plain violation of the rule on actionable documents. 't is no longer the duty of the cler+ of court under the new rules to set the case for preKtrial. a preKtrial be held. $r. a copy of that document must always be attached to the pleading or the te7t of the document should be .uoted verbatim in the pleading without the necessity of attaching to the pleading a copy thereof or an action based on an actionable documents. $n this day (Dec. % 0ule "? A. !!A is for the reception of evidence of B or the reception of the rebuttal evidence of A. The complaint cannot be dismissed because this situation presupposes that A already presented his main evidence. -e does not appear for the hearing on this day without valid reason. it simply says that the complaint be dismissed pursuant to 3ec.ualified. then the court motu proprio may dismiss the action. Example2 =ollowing the preKtrial. 't was the turn of B. may the complaint of A be dismissed under 3ec. 3ubse.""
A. 4. /oH for the simple reason that it was no longer his turn to present the evidence in chief on this day. because his absence amounts merely to a waiver of the presentation of his rebuttal evidence. Q.uently. When the dismissal order is not . his initial evidence on his complaint.% 0ule " is a dismissal with pre. he is supposed to present his evidence in chief. or part of his evidence in chief. but the trial on the merits is postponed. Because let us assume that A did not finish his presentation of his initial evidence in chief. meaning. #nder 3ec. A received the notice of hearing. or on motion of the defendant.uoted in the pleading nor a copy of the document is attached to the pleading.udice unless the court provides otherwise.udice. A simply waits for the court to set the case for hearing. 8ou donEt realiGe how potent a weapon is this in the hands of the court because orders are meant to be carried out. 't depends upon the appreciation of the court according to its peculiar circumstances. Iach case must have to be determined according to the peculiar circumstances of the case. after the last pleading has already been filed. 3upposing on the hearing on Dec. -e does not reset it but still remain unconcern the action may be dismissed. the court can dismiss the action of A. 't is an absence during the hearing during which he is supposed to present his evidence in chief on his complaint. it is the duty of the plaintiff to move e7 parte for a preKtrial to be held. 't is now the duty of the plaintiff to see to it that after the last pleading has been filed. 4. /o. 4). % 0ule ". the action may be dismissed. A dismissal under 3ec. :ay his action now be dismissed? A. % 0ule ".udgment The failure of plaintiff to prosecute for an unreasonably long period of time.
Answer to &Es third party complaint %.udgment is served . dismissal is a matter of procedure.udication on the merits. dismissal is not procured by plaintiff though . If none. Answer to BEs answer to crossK crossKclaim claim ". Answer to AEs complaint complaint 2.udice unless otherwise stated in the order of the court or on plaintiff3s motion to dismiss his own complaint. with the period of filing thereof already e7pired. But this is not a re. dismissal is at the instance of the plaintiff.udication on the merits. 0eply to the answer of the counterclaim
Q. dismissal is without pre. 2. % of 0ule ". dismissal is a matter of evidence. Answer to counterclaim of B %.
2. without pre.2+en voluntary dismissal applica1le: 1. &ounterclaim against B
9. /one. however. Answer to &Es counterclaim
B & . Answer to BEs third party complaint 2. preKtrial is premature. Answer to AEs . The rule is this. the duty to move that the pre. The rule now is. before introduction of evidence at trial or hearing SECT(ON . 's there any other pleading re. They are specified in the rules. Where the last pleading has not yet been filed. &ounterclaim against A against A %.udice to the right of the defendant to prosecute his counterclaim on the same or separate action.) 5.uired to be filed after these pleadings have been filed? A. when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim ) also applicable to special proceedings + !he court is not required to issue an order of dismissal but is required only to issue an order confirming the fact that the plaintiff dismissed the complaint. 2. this failure of the plaintiff to comply with the order of the court may give rise to dismissal. 3upposing the last pleadings re. What are the things to be considered during the preKtrial?
. @efore a motion of summary . dismissal is without pre. #nder the 3ld Rule. &omplaint SECT(ON A 1.uired are not filed. Q. Answer to BEs against & crossKclaim 9.uirement. and the period for filing thereof does not yet e7pire. 0eply to AEs 5. Third party against D (After these. 8es. . may the preKtrial be held? A. 3o. 0eply to &Es @. preKtrial may be held upon the filing of the last pleading without the last pleading having been filed. Ta+e note.udice to the right of the defendant to prosecute his counterclaim in a separate action unless 1/ days from notice of the motion he manifests his intention to have his counterclaim resolved in the same action. that the order referred to it must be a lawful order. RULE />: #RE82RIAL Example: A . 1. What things shall be considered in preKtrial? A. under 3ec. &ounterclaim 2. &rossKclaim %.trial be set. . . $ne that is authoriGed by the 0ules. Answer to counterclaim of D
D . the case is now ready for preKtrial.ustified by causes imputable to him."/
3o. RENE NOTES* T'o )ismissal Rule + !he second notice of dismissal operates as an ad. Q. it was the duty of the &ler+ of &ourt to set the case for preKtrial upon the filing of the last pleading or the e7piration of the period for the filing thereof. 0eply to AEs answer to answer to counterclaim counterclaim @. Q. is now lodged with the plaintiff. @efore a responsive pleading is served 2. an ad. the pleadings are filed. This rule is no longer obtains.
was. =or instance. the limitations of the issues will all contribute towards the early disposition of the case. so much the better. Q. Example: A vs. the parties must be notified of the preKtrial date.udice.ustified or when the absent party is represented by a person who is duly authoriGed in writing to act for the party for purposes of preKtrial. There is a enumeration in the &ode. 'f they are represented by a counsel. Because the written authority must specify these three (%) specific powers of the agent. Q. there is no need for the parties to be notified. he may commission another person to appear for him for purposes of the preKtrial. 6et us reverse. his lawyer. Atty.udgment • the limitation of the issuesH • the mar+ing of the e7hibitsH • stipulations of as to waiver of ob. their respective counsel will be the one to be notified of the preKtrial and it is now the duty of the counsel to notify their respective clients of the preKtrial. /ormally.ections to the admissibility of e7hibits. )t is the absence of the parties. Atty. will the action now of the plaintiff or defendant for that matter during the preKtrial carry with it a sanction against the absent party? A. his lawyer may appear for him provided that Atty. if A cannot personally appear. among the many purposes of a preKtrial is to allow the parties to sit down together and enter into a settlement if they can. 's it enough that the person authoriGed carries with him a written authority in order that he can validly appear for the litigant for purposes of preKtrial? A. F. 8 was not. provided Atty. but lawyer. 3upposing B was present. he can appoint a third person. A was notified of the preKtrial. but his counsel. Atty. Atty. 3o. Because.ections to documentary e7hibits that may be presentedH • and all other matters that may lead to speedy disposition of the case. -e may appoint his lawyer.udgment on the pleading or of a summary . Q. only the parties can agree on the settlement. will that now allow A to present his evidence? A. :ay there be a situation. 3o. Why is there a need for the presence of the parties during a preKtrial? A. 3upposing it is B who was absent. The plaintiff A will now be allowed to present his evidence e7 parte. Q. The preliminary purpose of pre.
. 8es. Q.trial is to terminate as soon as possible a case so that if a case can be settled during the preKtrial. a lawyer cannot enter a settlement on behalf of their clients unless they are specifically armed with written authority. /o. Q. the waiver of ob. /o. B. but his lawyer does. 3upposing a party is notified of a preKtrial but does not attend the preKtrial."2
A. however. that stipulations that may be agreed upon. F carries with him a written authority. /o. 8 was not. 4otice2 =or purposes of the preKtrial. -is complaint may be dismissed with pre. where a party can be absent from a preKtrial and yet the absence will not give rise to the corresponding sanctions? A. A was not present during the preKtrial. What is the sanction against B? A. meaning in the absent of defendant B. What is the sanction against A? A. Why? Because in this case. not their respective counsels that may give rise to the imposition of the corresponding sanction against the absent party. but there is no such settlement. A was present during the preKtrial. the mar+ing of e7hibits. 'n the same way if B is not present. they are as follows2 • to consider the possibility of a settlement of the caseH • to consider the possibility of stipulations of facts to be arrived atH • the possibility of the rendition of a . When the absence of the party is .. Q. 3ubstantially. Q. 8 was present. 8 to act for him. 8 carries with him a written authority. Atty. Will the absence of the counsel now entitle B to present his evidence? A. This is the reason why they must be present.
in the case of a . Among others .uirements before a . &an the court immediately following the preKtrial render a summary . #re8trial Arief The rule re.ustification in 0ule %2.udgment or a . the authority to submit the case to other alternative modes of disputes resolution. =or instance. the court is re. There must first be a hearing in accordance with the pertinent rules. Ta+e note that what the 0ules authoriGed to be done during the preKtrial is only to consider the possibility. there must be a motion filed for the rendition of a . What is a preKtrial order? What is its importance?
. The rule says that. The written authority must specify these three 8A7 authorities.udgment on the pleadings may be proper. This is the sanction. must state the following2 that F or 8 is authoriGed to the following (F for A or 8 for B)2 . as the case may be. 8 as his agent for purposes of preKtrial. 3o. copies of documents that may be offered for admissionsH 9. meaning in the absence of A. the plaintiff will be allowed to present his evidence e7 parte.uires that the parties must file a preKtrial brief. if an agent appears for the plaintiff or a defendant with a written authority. the sanction is this his complaint is dismissed with pre. =ollowing the inclusion of a preKtrial. not that the court will immediately render a summary . the gist of the proposed testimony of a witnessH %.ustified or that he has no authoriGed agent.uired to issue a corresponding preKtrial order. his complaint may be dismissed. then the counterclaim.udgment on the pleading. but the written authority does not specify all these three (%) authorities. the authority to settle the case by way of a compromiseH 2. the written authority is incomplete for purposes of pre. Q. What is the sanction against the failure of a party to appear a preKtrial? A. the authority to enter into stipulations of facts or admission of documents %. the rendition of a . the failure to file a preKtrial brief may be given the effect the failure of a party to appear for a preKtrial.udgment summary in nature. This re.udgment under 0ule %5. F or Atty. 3o. Q.uires that before a witness testify. 3o. Q.udice. when the plaintiff for instance does not file its preKtrial brief. the court cannot immediately following a preKtrial. the power of attorney of Atty. :eaning that. at least three (%) days before the preKtrial. This is the basis of this re. When must the preKtrial brief be filed? A. Ta+e note also that a preKtrial brief re. the preKtrial brief must state the purpose for which the documents are offered."6
3o if A appointed Atty. Q. render a .udgment or that the court will render a .ustified.udgment summary in nature or a . will be dismissed because of his (B) action. otherwise. the sanction is. 3o.udgment.uires certain matters to be specified therein. F as his agent for purposes of preKtrial or if B appoint Atty. 0ule %2 re.trial brief& . Ta+e note that during the preKtrial. 'f the defendant does not file his preKtrial brief. the following are re#uired to be stated in a pre. A preKtrial brief must be filed at least three (%) days before the preKtrial. the purpose of the offer must be specified and that no evidence shall be admitted unless it is formally offered and the purpose of the offer is . 'f it is the defendant who is absent. Why? Because there are re.udgment on the pleading for a . the numbers of witnesses of a partyH 2.udgment on the pleadings can be rendered to be complied with.trial. 'f it is the plaintiff who is absent and the absence is un. 6i+ewise in the case of a summary .udgment. the plaintiff is allowed to present his evidence e7 parte. summary in character or the rendition of a .uires that the gist of the testimony of a witness or that copies of documents intended to be submitted in evidence attached to the preKtrial brief is re. 8.uirement that finds the .udgment. the preKtrial brief must include the gist of the testimony of a witness or the purpose for which the documents are offered in evidence. Q. there must be a motion for the rendition of a summary . this written authority is incomplete and he cannot legally appear for the plaintiff or defendant. The natural conse. What is the sanction against the failure of a party to file a preKtrial brief? A.udgment on the pleading.udgment on the pleadings? A.uirement.uence of this is< if B has any counterclaim. the preKtrial brief must have already been filed and served on the adverse party.
'n effect. conciliation . $f course we ta+e into account also another rule that is the rule on amendment of the pleadings to conform to the evidence. Q. Cwho is the owner?D -owever. The pre%trial order is a resumS of what transpired during the preKtrial. other matters that may aid in the prompt disposition of the action + !he pre)trial and trial on the merits of the case must be held on a separate dates. =ile a motion for intervention. no party is allowed to introduce evidence on any matter other than on these two (2) issues.trial may be tried during the trial under these two 8>7 situations 2 . a party tries the issue and the other does not ob. While this 0ule A does not e7pressly state that the preKtrial must specify the issues.ectH as a matter of fact he conforms. /o. possibility of summary . limitation of the number of witnesses 6.uent course of the trial and the preKtrial order cannot be amended unless necessary. dismissal of action 11. B. simplification of the issues ". no issue can be tried. Where a preKtrial order has already been issued. What is the remedy? A. so the trial will now be governed in accordance with the preKtrial order. 0ule %4 implies that the preKtrial order must specify the issues. suspending the proceedings 12.
. this preKtrial order may be modified. B says. 3o. claims that he is the owner of the lot in . a party see+s to prove an issue which is not incorporated in the preKtrial order. any party cannot prove it as a matter of right because they are limited only to prove the issues raised in the preKtrial order. Q."7
A. it is a summary of what happened. a third person.ect to the amendment of the pleading to conform with the evidence. possibility of .ust file a motion for intervention? A. Rule /? :Inter)ention A vs. The preKtrial order governs the subse.ustice being committed? A.trial 1. Why? Because under 0ule %4. to avoid in. -ow can & protect his right over this land? A. What is the importance of a preKtrial order? A. arbitration b. and in the case this issue can be tried 2. reference to a commissioner 7. RENE NOTES: 2+at are considered at pre. the presentation of evidence of the party is limited to the issues raised in the preKtrial order.ects but the court finds that the presentation of that merits of the case would best be subKserved by allowing this issue to be proven. )ssues that may not have been raised during the pre. mediation c. C' am the ownerD. They are litigating for a piece of land. Q. possibility of an amicable settlement 2.uent course of the trial so that. his right will be adversely affected and he has no way of protecting himself because he is Coutside the $ulamboD. A says. What is the significance of this rule that the preKtrial order governs the subse. 'f there are stipulations in the preKtrial. submission to alternative modes of dispute resolution a. 'f there is a third issue. the trial will be limited only to those issues that have been raised in the preKtrial order. 3o that if there are only two (2) issues mentioned in the preKtrial order. if necessary to avoid in.uestion.udgment ) need for motion 14. These are the e7ceptions to the rule that unless otherwise specified in the preKtrial order. C' am the ownerD. Q. possibility of obtaining stipulation of facts or admissions of facts 2. & may come in to the picture as an intervenor.udgment of the pleading ) need for motion 8. sub. -owever.ustice being committed if trial is limited to what is stated in the preKtrial order. amendment to the pleadings /. those stipulations are reflected in the preKtrial order. Q. he (&) is allowed to intervene in this case. &an anybody . the issue is. that preKtrial order cannot be changed. #nless. the adverse party ob.
meaning. the intervention remains unaffected? A. 3o.ustification for an intervention? A.uestions2 .oins B as against A. 8 and > for e7propriation of lot. then the court may deny the motion. Whatever pleading he will file. $r he may file an answer in intervention if he .uestions is CnoD. The :ayor however. 0emember that the complaint in intervention is not served on A and B by summons. At any time before a . the intervention will not delay the right of & cannot be protected in another proceeding. the motion for intervention is accompanied either by the complaint in intervention or by the answer in intervention. will the intervention delay the case between A and B? 2. attached to the motion was already a copy of the complaint in intervention. and therefore he has an interest against for A and B or he may be so situated that any disposition of the property in the hands of the court affect him. They must file the answer to the complaint in intervention within fifteen ( 5) days from receipt of the order of the court admitting the motion for intervention. so he will file a complaint in intervention. Q. I7propriation case :unicipality of /orGagaray filed an action against F. The party intervening may have an interest against the plaintiff in this case. meaning. 'n an intervention and an independent action in the sense that if the complaint is dismissed. Q. 0emember what we said earlier when & filed the motion for intervention. he will file an answer in intervention. This means to say therefore."8
Q. & protected in a proceeding other than in this case between A and B? 'f the answer to the first . A and B already have with them the copy of the complaint in intervention. 3o. -e may be interested in the success of B or he may have an interest adverse to A. may the right of &. Will the court grant or deny the motion for intervention? A. he can now intervene in this case. Q. that pleading must be attached to the motion for intervention. then the court can hear the case. 8es. Because of
. 3o that he can protect whatever rights he alleges he has. The law at that time re. having heard of the intention of the mayor to withdraw filed now an intervention motion. the mayor of /orGagaray manifested his intention to withdraw the complaint. Within what period must they file? A. The answer depends on the answer to the following . After the intervention is allowed. when a complaint in intervention or an answer in intervention. that & will notify both A and B of the hearing of this motion for intervention.oins A against B or if he has an interest against both A and B. 't was served to them by &. What may the pleading (intervention) that he (&) can file? A. Q. This will now be heard by the court. the case is between A and B and thereafter. by furnishing them a copy. Why? Because the municipality was unable to procure the presidential approval of the e7ercise of the municipality of the right to e7propriate. -ow will A and B +now what the allegations are in the complaint in intervention since they are not summoned under 0ule 9 with respect to the complaint in intervention? A. the complaint in intervention may li+ewise be dismissed or is a complaint in intervention one that can be treated independently of the main case so that regardless of the outcome of the main case. The motion for intervention will have to be heard in accordance with 0ule 5 (:otions). the intervention. While this case was pending.uestion is CyesD. then the court may grant the motion for intervention. the intervention will delay the disposition of the case. 'f the answer to both . 'f he (&) .uire an answer? A. But they had to pay the owners passage fee.udgment has been rendered in the case. which the people of :atictic used in going to the highway. 'f the answer to the second . 't may be a pleading in intervention called a Ecomplaint in intervention'. Q. What would be the . The people of certain barrio of /orGagaray. did not file formally a motion to withdraw the complaint. then the court may deny the motion for intervention. 3o. Q. When will & in our e7ample file a motion for intervention? A. 3o.uestion is CyesD. A and B if they are the defendants in the intervention may file an answer to the complaint in intervention. Q. it was to their interest therefore that this property be e7propriated so that they would be relieved of the burden of paying. 'f the intervention filed by & is a complaint in intervention re. even before they receive the order granting the motion for intervention. (#nanswered< ?udge 6agui became ill<) When he returned< %e have two 8>7 cases of this2 .uire a presidential approval on the e7ercise by the municipality of the right to e7propriate. Why did this :atictic people want to file an intervention motion? Because through this lot sought to be appropriated was a road. :atictic.
The matter reached the 3&. And so. 'n the :atictic case.D RE4E 4:2ES: 2+o may intervene a. But in the case of :etroban+. This is how ?ustice 0egalado.uired a right to participate and therefore. Why? Because the court never ruled on the interventionH and therefore. it would seem that itEs no longer correct. it is li+e a threeKcornered flight li+e that of CTA0A:B$6A. one who has legal interest in the success of either parties c. Q. Q. its heirs and successors in interest. and which F gave 8 by way of chattel mortgage. The original comment on this rule is that a motion for intervention is merely an au7iliary proceeding giving ris+ to the implication that if the main case of which it is merely an au7iliary. they have no right whatsoever that could be affected by the dismissal.uestioned the propriety of the court having authoriGed the amendment of the complaint in intervention of A. 8 now filed a suit against & for replevin for the recovery of this aircon units claiming that he (8) furnished the aircon units to F. $n this building where installed were aircon units which sub. one who 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 (NTER0ENT(ON + an ancillary action. the right of the intervenor could no longer be adversely affected by whatever agreement the original parties have because it (:etroban+) was not a party to the agreement. the intervention of A still continue even if after the main case has already been dismissed. The motion for intervention was granted and so A now filed the complaint in intervention which as a matter of fact was amended later on. one who has interest against both parties d. The matter reached the 3&. What do you notice upon these two (2) cases? A. with the dismissal of the complaint. our commentator in 0emedial 6aw. he ac. The dismissal too+ place before the court could rule on this motion for intervention./4
this. the court will hear the case of A and B and receive the evidence of the parties. And he came out with a conclusion that actually there is no contradiction between the two. 0eason2 3ince A was already allowed to intervene. 'n other words. the intervention could no longer be maintained. ceases to e7ist because of the dismissal. (NTERP6E-)ER + an original action + presupposes that plaintiff has no interest in the sub. -ow did he reconcile? A. 3o.ect matter of the action or has an interest therein. it can be determined independently of the main case. While this case was pending. F constituted real estate mortgages and chattel mortgages. 8ears later< another case involving the foreclosure of mortgages. -e dismissed the case outrightly. 6ater on 8 . 3o with these. there was as yet no intervention to spea+ of. 'ssue2 Whether the intervention of :atictic people could still survive because of the dismissal. the dismissal of the main complaint notwithstanding. this complaint of 8 was dismissed. it did not bind A. A filed a motion for intervention on the ground that if he (A) supplied F the money with which F ac. because in the first. With the dismissal of the case. is not disputed by the other parties to
. the court motu proprio dismissed the complaint for failure to prosecute and of course for lac+ of presidential authority. this intervention of A can no longer subsist on the theory that an intervention is merely an ad. Q. 8 and & entered into an amicable settlement. the barrio people of :atictic never became intervenors. Among the many assets of F sub. But are they in fact conflicting? A. This building was eventually sold to &. Apparently. 'n the second. which in whole or in part. one who has legal interest in the matter in litigation b. 0ule2 The intervention could no longer be entertained because of the dismissal of the case. there was already an intervention allowed at the time dismissal of the main complaint was effected. that right cannot be adversely affected by the agreement between 8 and &.ect of the mortgages was a building (NIA Building). of real and chattel. 'ssue2 Whether the trial court was correct in still maintaining this intervention of A notwithstanding the dismissal. an agreement or a contract binds only parties thereto. The 0ule is clear.unct of the main case. the intervention would li+ewise be dismissed. 'n the meantime.uired these aircon units. This contention was overruled. 3o. Noing bac+ to the last e7ample< where & is interested. + proper in any of the four situations mentioned in this (ule. F obtained various loans from different mortgages and to guarantee the payment. when the complaint was dismissed. By reason of this settlement. This is the theory. tried to reconcile the two. 3& said that this dismissal of the complaint of 8 against & did not affect at all the intervention of A. it would seem that as long as an intervention has been allowed. Their agreement was binding only on themselves. the intervention could be maintained.ect of a chattel mortgage in favor of 8. then the court will also receive the evidence of & and thereafter decide the case. 'n this :etroban+ case. they are contradictory.
a 1unday or a legal holiday. S%:POEN. b. ". Su1poena ad testificandum may 1e quas+ed: 1. of 0ule . documents or other things under his control. by the rules. but ?an. attendance fee and + does not need tender of kilometrage and other fees reasonable cost of production fee S%:POEN. B.. from sunset to sunrise. you compute this 5Kday period from Dec. so the ne7t day will be ?an. and the last day included. reclusion perpetua or life improsonment shall be brought out of a penal institution 5-:&00 authoriFed by the 0upreme 9ourt. Ce7clude the first and include the lastD rule. b. < a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action. of twenty. !!!.1: S%:POENS%:POENS%. % is usually a legal holiday. if the witness is not bound thereby 2. Su1poena duces tecum may 1e quas+ed upon proof t+at: a. as thus computed.udge. A was summoned Dec. 3o you will have up to Dec.ONS + an order to appear and testify or to produce books and + order to answer complaint documents + may be served to a non)party + served on the defendant + needs tender of kilometrage. Article /" of t6e 4e0 (i)il (ode %hen the law spea$ of years. 9ourt of the place where the deposition is to be taken c. the time shall not run until the ne"t wor$ing day. $fficer or body authoriFed by law to do so in connection with investigations conducted by said officer or body d. days. or by order of the court. #nder the provisions of Article % of the /ew &ivil &ode./1
+ defendants are already original parties to the pending suit the action + defendants are being sued precisely to implead them. so the 5Kday period
. It is reasonable and oppressive. or by any applicable statute. #nder 3ec. !!!. !he articles sought to be produced do not appear prima facie to be relevant to the issues. )n computing a period. they shall be computed by the number of days. !he person asking for the subpoena does not advance the cost of production of the articles desired. @. Sec. Rule 22:(omputation of time 0ule 22 refers to the computation of a period fi7ed by the law. Any Dustice of the 09 or of the 9A in any case or investigation pending within the Chilippines + !he clerk of court shall issue under the authority of the . and nights. / says2 )n computing any period of time prescribed or allowed by these Rules.)%CES TEC%. < a process directed to a person requiring him to bring with him books. days or nights. months. !he refusal to obey the subpoena shall be deemed a contempt of the court issuing it. B has a period of fifteen ( 5) days from service of summons on him. ?ust +now what Article % of the &ivil &ode says on the matter. is also a holiday. 2+o may issue su1poenas: a. the first day shall be e"cluded. no tender of witness fee or kilometrage Consequences of an %njustifia1le refusal to o1ey su1poena: a.four hours. )f months are designated by their name. it shall be understood that years are of three hundred si"ty five days each. months of thirty days. )f the last day of the period. I? the court should determine that this disobedience was willful and without .ust cause. which they respectively have. !he court which issued the subpoena may issue a warrant for the arrest of the witness and make him pay the cost of such warrant and seiFure. Example2 A vs. the day of the act or event from which the designated period of time begins to run is to be e"cluded and the date of performance included. % . or for the taking of his deposition. or by an order of the court. But Dec. c. or at any investigation conducted by competent authority. . + -o prisoner sentenced to >&A!#. falls on a 1aturday.-) TEST(4(C-N)%. 9ourt before whom the witness is required to attend b.
Rule . !!!.
This 4Kday period remaining of the original 5Kday period is the soKcalled Eallowable periodD referred to in 3ec. 3ince there were five (5) days of the 5Kday period under 3ec. the allowable period shall start to run the day following the receipt of the notice of the cessation of the cause thereof. But under Article %. Why? Because it started but when the motion to dismiss was filed. the day of the act or event from which the period starts to run is e7cluded. Q. What does 3ec. 24 is a holiday. 2. This is what actually Article % of &ivil &ode is saying2 CThe day of performance is included. the allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof. When will this Callowable periodD start to run? A. ". 0ule . (-intoO <tapos< Ta+boO) Q.D 3o. !!!. Q. This is the day of performance (?an. % and ending ?an. 'odes of *isco)er% Rules 2"C 2. assuming that ?an. in our e7ample. which is not a holiday. ". The day of the act that caused the interruption shall be included in the computation of the period . there is now an e7pressed provision in the rules that when the last day of performance is a 3aturday. Will the last day of performance be moved to the ne7t wor+ing day? A. the running was interrupted but when the motion to dismiss was denied.) A. ". 't will start to run. Example: B was summoned ?an. and the last day in :anila is Dec. !!! on the running of this period starting ?an. We say that when the order of denial the period of 4Kday starts to run. 2 0ule 22. 't will resume its running. a motion to dismiss. Dec. ". !!!). #nder 3ec. 2 and ?an. The filing of the answer. !!!). 6et us assume however that B filed on ?an. "? A.C 25C 2!C 21 and 2>. 'n computing a period. 2 Rule 22 1hould an act be done which effectively interrupts the running of the period. What are the modes of discovery?
. Q. of 0ule . 24. e7cept in one respect. this starts to run :arch . $n the assumption that this motion to dismiss is denied. Ta+e note that the legal holiday referred to here is the legal holiday in the place where the court sits. This is still an application of Article % which is Ce7clude the first. 3o. 't suspended the running of the period. Q. What is the allowable period that starts to run after this order denying the motion to dismiss was issued? A. % of /&&. or a legal holiday in the place where the court sits. Q. !!!.&. include the last day. Sec. there were ten ( 4) days remaining because between ?an. There was a period of ten ( 4) days remaining. which is in :anila. because the holiday is not in the place where the court sits. the day of performance here is the last day.. What is Cthe day of performanceD here? A. a 3unday. probably) &onclusion2 0ule 22 did not actually amend Art. 3o if the court sits in :anila. !!!. The law says. This is the cause of the cessation of the stopping of the running. !!! ( 4 days starting :arch is :arch 2 .D Q. include the last. /o.D (The committee wanted to be different. this allowable period starts to run the day following the receipt. What does this mean? (This provision is very complicated. CI7clude the first. the date of performance is moved to the ne7t wor+ing day./2
will e7pire on the following day. !!!. the running must resume. !!!. 2 is not a 3aturday or is not a 3unday or is not a legal holiday in the place where the court sits. What is the effect of the denial of the motion to dismiss on the remaining period within which to file the answer? A. Q. of 0ule 22 say? A. Cthis allowable period shall start to run the day following the receipt of the notice of the cessation of the period.D Where an act effectively interrupts the running of a period. a 5Kday period has already elapsed. ". Why? What interrupts it? The period was interrupted by this order :arch 4. but in *. 6et us assume that B received the order of denial on :arch 4. B has a period ending ?an. What is the effect of the filing on ?an. Q.
uired by A from F are privilege. provided these matters are not privilege in character . 8es. if A and B are litigants. The deposition may either be on oral e7amination or on written interrogations. Rule 2": *eposition #endin. Why? . Q.ect matter of the in. 3o.3. what can be the sub. defendant. all that A would normally +now about the case in so far as he is concerned is what appears in the answer or pleading of B. before trial. Actually therefore. 'n the case of B. there are certain sanctions that the court may impose on a party who fails to comply with the rules written interrogatoriesH with the rules on re. the plaintiff and B. because if these rules on discovery were not allowed. 3o. :eaning. This is why. A can now ta+e the deposition of F without leave of court. Example: A vs. then A must file first a motion as+ing for leave to ta+e the deposition of F. The first is for A to send B a notice to ta+e depositions. But with the modes of discovery we mentioned. can B also ta+e the deposition of 8? A.uest for admission. 3upposing it is B who suspects that A will present 8 as his witness. The rule is this2 )f no answer has as yet been served on A. 3o. Q. Action This is denominated as *eposition #endin.uestion Cwas an answer already serve on the plaintiff?D 'f there was none. how will you proceed ta+ing the deposition of F? A. The right to ta+e a deposition belongs to both parties.uiry. This is how e7tensively these remedies are utiliGed in #./
A. the defendant. Nreetings<
. The notice will be worded this way2 To B. when he will be called upon to testify? A. these modes of discovery are intended to allow a party to discover what the other party has. B (They are litigating a piece of land) A suspects that B may present as his (B) witness F against him (A). a party to a case would +now nothing about the adverse partyEs case e7cept those which are alleged in the pleading. these modes of discovery are remedies the law allows a party to a case to avail of for the purpose of getting in advance +nowledge of facts related to a case which the adverse party may have +nowledge of so that when trial proceeds. each party already +now what the other party has. what will this notice to ta+e deposition contain? A. all that he could +now in so far as A is concerned is what appears in the complaint or pleading of A. The rule is2 A can ta$e deposition of G on any matter related to the claim of A or related to the defense of B. leave of court is re.uiredH if there was. so that when the trial proceeds. if A.uiries made by A? A. the party may now discover facts either from the adverse party or from any other persons. A could already +now all the facts about AH B could already +now all the facts about A. A would want to +now in advance what F is going to say. Q. 'f you were A now. Q. Q. While these rules have been with us. what do we conclude on from this? A. a party to a case already +nows what the adverse party may have. to compel the resort to modes of discovery. This contemplates a situation where a case is already pending in court. )f an answer has already been served on A . 3o. This practice is widely used in #. 'f A now were to ta+e the deposition of F. 3o. they were never appreciated. 3o that when the trial comes. Q. no leave of court. Action. 's it necessary for A to obtain leave of court in order that he can ta+e the deposition of F? A. 't does not belong only to one. A may be able to +now facts that B may haveH B may be able to +now facts that A has. there is nothing that is not +nown to the adverse party. This is the concept of discovery. they cannot be the sub. 6et us assume that A would want to ta+e the deposition of F. for decades. whether leave of court is re.uired on that would depend on an answer to a . A can resort to 0ule 2% (Deposition 1ending Action) Q. and therefore F may not answer that. that where the matter sought to be in.3.ery few avail of it. While the case is pending in court.ect of in. As the term suggests. What is the remedy available to AH so that even before trial A will already +now what F will say so. rules of relevant facts would be limited to what is disclosed only in the pleadings.
Q.uestioning F. 8es. 'n other words. 6et us assume that the deposition is going on. F testified in the absence of B or the counsel of B. will now be transcribed. &. *. F in our e7ample. 'ts no problem because of personally appearing in court. then he can change them out in this case. 4. the plaintiff A can proceed with the deposition of F as long as B was notified. !!! in the office of the notary public >? A. After the signing of the transcript or if the deponent refused to sign.ect? A. Q. A will now . 3o. The rule in a subpoena to a witness in deposition ta+ing may be issued by the court in the place where his deposition is ta+en. Q. -e may not sign if. Q. after the certification by the notary public or the deposition officer.ection. the transcript is shown to F for him to read or for that transcript to be read to him. #nli+e the . -ow will A compel the presence of F before the notary public on ?an. -e may disappear if he wants to. the notary public or whoever is the deposition officer. Q. the proceedings are concluded. rule on the ob. a . we called this word e7amination the reKcross e7amination. :ay B be allowed nevertheless to . =ollowing the conclusion of e7amination of F. a motion for the issuance of subpoena to F so that F will be subpoena.&. This is the second e7amination called the reKdirect e7amination. 'n e7amination of Cdeponent. the notary public or the . Q.. -ow about B? A. 'f there are parts in the transcript which he desires to change. /o. 's there a duty on the part of the deposition officer to notify the parties of the fact that he has forwarded the records to the court?
. What do you notice? A. B can send his written . 'f there were e7hibits presented during the deposition ta+ing the deposition officer should also forward it to the court. Will the notary public however. -e may appear if he wants to. 6et us assume also that BEs counsel is present while AEs counsel is . B or the lawyer can crossKe7amine F. F may sign or may not sign the transcripts. the deposition officer or a notary public or a . then F may again be . Q. !!! at A244 A:? A. if he has any. A can file with the court in *. 'f B were present or his lawyer is present. After its transcription. Q. what shall be done now? A. !!! at A244 A: 3igned A B received the notice. The notary public will now read these . Whatever his wishes are. But how about if B is not there? A. Be notified that the undersigned plaintiff A will ta+e deposition on oral e7amination of F before the notary public > at his office at 2% Timog Ave.ectionable to B. Q. must have to sign the transcript. he may not appear if he does not li+e. 6et us assume in our e7ample that B received the notice but did not appear either personally or through counsel.ection.udge who acted as the deposition officer. F may again be e7amined by B or his (BEs) lawyer.uestions to the notary public. ' will now forward to the court the entire records. What will happen on ?an. 3o that in our e7ample. letEs say he agree that there is no need. he will simply record the ob. Q.uestions to F one by one and F will answer them also one by one. he may appear if he li+es. for instance.uestion F on anything related to the claim of A or related to the defense of B provided they are not privileges. 4. on ?an.uestion appears to be ob. !!! at A244 A:? A. the deposition officer forwards now the records of the deposition ta+ing to the court where the case is pending. or A will appear before the notary public.uestioned by A or by AEs lawyer. -ow about B? A./"
1ls. Q. &an he (BEs counsel) ob. 4.udge.ections? A. 'n any event when F refuses or fails to sign. The testimony of F as stenographically recorded during the proceedings. What happens on ?an. F and the lawyer of A.uestion F after F finished his direct testimony? A. After he (A) finished the reKdirect e7amination. is the same e7amination that may be conducted as if he were actually before the court in which the case is pending. 4. or F himself for any reason may refuse to sign. if ' were the deposition officer. that is therefore. is not allowed to rule on the ob. 8es. Q.udge for that matter will have to indicate in the records the reason why F changed his answers.
't is that document that F has as+ed all the . Q. -ow will this notice to ta+e deposition of F by written interrogatories be worded? A. -ow would this be done? A. This is now furnished to B.uestion no. 8es. -e will sign. -e will ma+e corrections.uestion which A would as+ F have had been personally .uestion F or the notary public or the . 't will be used in accordance with 3ec. Within three (%) days of his (B) receipt of the reKdirect interrogatories. The proceeding after F finished answering the four (9) sets of interrogatories will be the same as if F testified on oral interrogatories. 'ntroduce all of it which is relevant to the part introduced and any party may introduce any other part. if he wants to sign. What shall A do with all these sets of interrogatories? A. This is how he deposition is ta+en. 'f B desires. Q. 0eK&ross 'nterrogatories (B) Q.uestions and F will answer them oneKbyKone.udge. the soKcalled directK interrogatories. The law re. A has with him all sets of interrogatories2 . What is he (B) authoriGed to do following his receipt of the notice and of the direct interrogatories? A. This is what the notary public or the . A may serve on B another set of interrogatories. if he wants to ma+e corrections.uires that the deposition officer must notify the parties of the fact that he already sent the copies of the deposition record to the court.uestions again.udge will do2 -e will now ta+e the first set. -ow will the deposition of F be used? A. What is this Edirect written interrogatoriesD? A. the deposition officer or notary public will read oneKbyKone the . provided he pays for the cost thereof. What is A now allow to do. Q. 3o. This would have been the . This is how it will be done2 B. Thereafter. 9 0ule 2%. Q. which B would have as+ed to be answered by F on crossKe7amination. to F. 3o attached now to the notice is a copy of the direct interrogatories by A. 3igned by A Q. what do you notice now? A. Within five (5) days from his receipt of the crossKinterrogatories. A now has with him the crossKe7amination interrogatories of B. A will serve on B a copy of his reKdirect interrogatories. 8ou call this the Cdirect interrogatoriesD.
. B may serve on A a set of . Q. Q. This is what the notary public will do. This is only by way of deposition through oral e7amination. A can ta+e also the deposition of F by written interrogations. 3o. 3o. -e will now proceed to the deposition officer together with F. you called the reKcross interrogatories. This means to say that the testimonies of F will be transcribed.uestioned by A. Q. #nder the 0ule. 0eKDirect 'nterrogatories (A) 9. They are the .udge do? A. 8es. Then F will answer. DirectK'nterrogatories (A) 2. he may within ten ( 4) days from his receipt of the notice and the direct interrogatories also furnish A a soKcalled crossKinterrogatories. Q. the soKcalled reKdirect interrogatories. What will the notary public or the .udge who acted as a deposition officer. What for? 3o that the notary public will now . Q. defendant NreetingsO 8ou are hereby notified that the undersigned plaintiff A will ta+e the deposition of F by means of written interrogatories. the deposition officer will forward to the cler+ of court where the case is pending the entire records of the case. What is the right of B upon receipt of this reKdirect interrogatories of A? A. F is there now< he is now sworn by the notary public or the . Attached herewith is the direct written interrogatories. &rossK'nterrogatories (B) %.uestions. -e will now read . -e will give this crossKinterrogatories to A.//
A.uestions on direct e7amination. in the e7ample of F? ('s A entitled to receive a copy? 's B entitled to receive a copy of the branch record?) A. 3o. The transcript will be given to him to read or to be read to him. Are the parties entitled to receive a copy of the transcript of the testimony of the witness. following his receipt of the crossKinterrogatories? A.interrogatoriesD? A. A ta+es the deposition of F by written interrogations. Q. What are these Ecross.
&ourt2 CWhy?D B2 C8our. What is impeachmentH
. But as long as he is alive. /o.. any part or all of a deposition. partnership or association which is a party may be used by any adverse party for any purpose. Q. or imprisonment. that the witness is unable to attend or testify because of age. it can be done. As long as a deponent is alive and $ic$ing. the adverse party may re#uire him to utili/e G as his witness. The deposition of a party or of any one who at the time of ta$ing the deposition was an officer. to allow the deposition to be used. 's the observation of the court correct? A. Why? Because the rule says. !!A. 6et us assume that B presented as his witness F. This was already received in the cler+ of court.' The deposition of a party may be used by anyone. A and B are supposed to present their evidence. nothing more. 3o.(a). F is not a witness for purposes of the trial of the merits of the case. e7cept for purposes under 3ec. $n this day (trial). he already had given his deposition. he does not +now 0ule 2%.' 3o.D Q. . that the party offering the deposition has been unable to procure the attendance of the witness by subpoena. Q. in open court. =or what use will the deposition of F be utiliGed? A. infirmity. 8es. 8our -onor.D &ourt2 C0ight. Why? Because a deposition is used only in anticipation of the inability of the deponent to testify in court . so far as admissible under the rules of evidence. only under the conditions mentioned in 3ec. Sec. may be used against any party who was present or represented at the ta$ing of the deposition or who had due notice thereof. 9 of 0ule 2%. &an A utiliGe the contents of the deposition of F to prove the truth of what is stated there? A. &an that be done? A. Ta+e note that under 3ec. Q. c. the law is clear. or . /otwithstanding that he (A) claimed that he has been a lawyer for fifty (54) years. 8es. that such e"ceptional circumstances e"ist as to ma$e it desirable. in lieu of his personally testifying in court. A does not +now 0ule 2%. in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally. EAny deposition may be used by any party for the purpose of contracting or impeaching the testimony of deponent as witness. 8ouEre correct. 9 of 0ule 2% as evidence. that the witness resides at a distance more than one hundred 8!BB7 $ilometers from the place of trial or hearing or is out of the -hilippines. Trial is on Dec. whether or not a party. this deposition can be used. or >.D &ourt2 CWhat does B said on the manifestation of A? B2 8our -onor. Rule 2" At the trial or upon the hearing of a motion or an interlocutory proceeding. -e is now a witness of B.D 0uling2 CThe manifestation is outKofKorder. his deposition cannot be used in court. or 9. ' will now present his deposition. 5. sic$ness. 9 0ule 2%). )f only part of the deposition is offered in evidence by a party. my witness is F. 9 of 0ule 2% par. -is deposition is now here in court. C8our -onor. . unless it appears that his absence was procured by the party offering the deposition. F is a witness of A for purposes of that deposition. or managing agent of a public or private corporation. and d. A can use that deposition of F but only for one purpose to impeach F. I7hibit A cannot be used. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. in accordance with anyone of the following provisions& a. C a party who ta$es the deposition of another does not ma$e that party his witness. the only use of deposition of F in the hands of A is to impeach F. Q. director. Dec./2
6et us assume that the deposition of F was already ta+en. which ' now as+ed to be mar+ed as e7hibit A. -onor. A said. he cannot use his deposition. 'n our e7ample. upon application and notice. ' will not present F anymore. !!A. 'n our premise. that the witness is dead. the deposition of F was ta+en by A. he cannot do that unless the e7ceptions will apply (3ec. b. The deposition of a witness. Q. -ow may this deposition of F be utiliGed by A? A. or A. may be used by any party for any purpose if the court finds& !.
&an A introduce in evidence this deposition of B even if he (B) is alive? A. 'n this case. he said. When can this deposition of F be introduced as evidence to prove the truth of what is stated there? A. there is something said in the deposition of B favorable to A. Q. When can the deposition of witness either an ordinary witness or a party to a case to be used to prove the truth of what is said there? 'n other words. CThe dog is red. . Q. it is used only for one purpose. CThe dog of B is red. A may introduce this deposition even if B is alive. whether or not a party. may be used by any party for any purpose if the court finds&
A. 8es. =or instance. for two (2) purposes2 ( ) to impeachH and (2) for any other purpose. 0emember how a witness may be impeached or recall by a party against whom the evidence is given may impeached a witness giving the evidence by any of the following means2 . 'n our e7ample. Q. 3upposing in the deposition of B. Q. a party who resides in a place more than 44 +m away from the court to which he is summoned. Rule 2" Sec. -ow can A use the deposition of B? A. This is usable only in the hands of A to contradict the statement of F in court that the dog is red.D F said while testifying for B. A now e7amines him on crossKe7amination. (( sa%s: Ithe deposition of a witness. . CThis land used to be the property of &. not only for purposes of impeachment. however. by contrary evidenceH 2. ) when F is already deadH or if alive. What then is the difference. our proponent here is F. but for any other purpose? A. for what use may this deposition of B be ta+en? A. this statement may be favorable to A because it will give credence to his claim that he inherited this lot from &.D B said. -e simply said that F is telling a lie. A does not concede that the dog is blue. 'n the hands of A.D Q. 'mpeachment is the process whereby a party tries to ma+e evidence against him worthless by showing that the witness or the evidence is not credible. 6et us assume in our e7ample that the deponent is no longer F. F resides more than 44 +m away from the court room.D But in his deposition. 8es. for any and all other purposes. the father of A. that a witness has been previously convicted of a crime. Q. But by this showing. Q. may a deposition be used. #nder the rules of summons. /o. integrity and truth is badH %. if there is any. between the use of a deposition of an ordinary witness and the use of the deposition of a party to a case? A. that can be done.ustified. Will this statement now prove that the dog is blue and that there A can introduce that in evidence to prove that the dog is blue? A. 3o in this case. The rule says. he said the dog of B is blue. This is only to show that F is not telling the truth. Cfor impeaching and any other purposes. he cannot be compelled to appear and so his deposition may be used to prove the truth of what is stated there or if F cannot be subpoena unless the failure to subpoena F was the result of the manipulation on the part of A himself (if he is the one presenting) or there are some circumstances that may be established which would ma+e the presentation of the deposition . When.D 6et us assume now that B testified. he is not obliged to obey the summons. cannot testify 2) he lives in a place more than 44 +m away from the court where he is supposed to be summoned to testify. by evidence that a witness has given statements contrary to what he said in court prior inconsistent statementsH 9. that is to impeach. &an A ta+e the deposition of his adverse party? A.D 3o. but B himself.CThe dog is blue. to impeach BH 2. Q. the only use by A of the deposition of F is to show that F is not a credible witness. 'n the case of an ordinary witness. 3upposing the issue is2 CWhat is the color of the dog of B?D A said. by evidence that the reputation of the witness for honesty. This would be favorable to him. 'n a case of a party.
6egation or the consul general or the consul or a vice consul or any other officer in the foreign service of the 0epublic of the 1hilippines in the #3. Q. that the witness is unable to attend or testify because of age. will now address a letter to. for obvious reason. or >. I7ample2 A wants to ta+e the deposition of F in Timbu+tu. recogniGe. NreetingsOOO 8ou are hereby re. any diplomatic relation with Taiwan as we recogniGe the $neK&hina 1olicy. of 0ed &hina. What is letters rogatory? A. we cannot.
. even though the witness is alive. letEs say. 8es. Attached are the interrogatories. 3upposing now. to allow the deposition to be used. 'n the case of a commission. -eld2 #nder this rule (0ule 2%). sic$ness. A now will file a motion in court as+ing that letters rogatory be issued for the purpose of having the testimony of F ta+en on written interrogatories. This letters rogatory are letters to the court. or 9. the deposition of F may be ta+en. that the witness resides at a distance more than !BB $m away from the trial or hearing or is out of the -hilippines. 'ssue2 Whether the :anila court can order the :I&$ to ta+e the deposition of F. the deposition cannot be ta+en by the commissioner unless there is an authority from the court. Why? Because at that time we did not have. or we have no embassy in the #3. By letters rogatory. A wants to ta+e the deposition of F who is in the #3. The court will name the particular person who will ta+e the deposition in the #3 of F. it can be done.urisdiction. But we have an office there euphemistically called :I&$. 3o. -ow may the deposition of F be ta+en by the soKcalled commission? -ow will A go about securities commission? A.uested to ta+e the deposition or written interrogatories of F who lives within your territorial .ator% Q. where the deposition of a witness have been ta+en before those persons already named. upon application and notice. The deposition can be done. unless it appears that his absence was procured by the party offering the deposition. 'n one case. 'n our e7ample. 3o. Q. that the party offering the deposition has been unable to procure the attendance of the witness by subpoena. the defendant elevated the matter to the 3&. -ow can the deposition of F be ta+en in Timbu+tu? A. Q. 3o. What is meant by letters rogatory? A. the &hief ?ustice of Timbu+tu.e. in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court. as distinguished from a situation where we have a consular officer or when we have diplomatic relations. and there is only one &hina i. that the witness is dead. as we do not now have. according to 0ed &hina. Taiwan is a mere province of. The deposition of F must be ta+en before the 3ecretary of the Imbassy. deposition may be used under any of these circumstances2 $ur e7ample here presupposes that the witness is in the 1hilippines. This is supposed to be an office ta+ing charge of the commercial interest of the 1hilippines in Taiwan. Q. We have no nothing. #rocedure: A will give notice to B that he will ta+e a deposition of F in the #3. Taiwan as another state. or A. 0ed &hina. The :anila Trial &ourt granted the motion. We do not have any consular office there. 3upposing we have no consular officers. 3o. since we have diplomatic relation with 0ed &hina. he filed an application with the trial court in :anila where the case was pending for the appointment of the commissioner. The court grants the motion. we did not have an embassy or a consular office in Taiwan. We shall render to you the same assistance when re. the 3& sustained the ruling of the :anila Trial &ourt. We do not have diplomatic relation there. (witness of DasmariUas). that such e"ceptional circumstances e"ist as to ma$e it desirable. the plaintiff wanted to ta+e the testimony of his witness residing in Taiwan. Letters Ro. Reyes ( !AA). -e will file a motion in court as+ing that the commissioner be authoriGed to receive the testimony of F. DasmariUas filed a motion as+ing that the deposition of his witness be ta+en. 3o. infirmity or imprisonment. andI #nder this section.. even without prior leave of court. say 0T& of :anila.uested. &an that be done? A. 3o. The court where the case is pending. or ./7
!. 2asmariJas <arments vs.
2it+in t+e P+ilippines* Aa) . Batanes. C' may file the case. 3o.(SS(ON 6ETTERS RO!-TOR8 + issued to a non). :T&? 0T&?
. that testimony of F can still be used as evidence? (because it was preserved). under the ground. What is the remedy? A. consul general. 3o. This is how 0ule 2% wor+sO RENE NOTES: Persons 1efore '+om depositions may 1e ta&en: .udge Ab) notary public Ac) any person authoriFed to administer oaths. as stipulated by the parties in writing . the typhoon went down.udicial foreign officer who will + issued to the appropriate . Another typhoon truc+.udicial officer of the foreign directly take the testimony country who will direct somebody in said foreign country to take down testimony + applicable rules of procedure are those of the + applicable rules of procedure are those of foreign court requesting court requested to act + resorted to I? permission of the foreign country is + resorted to I? the e1ecution of the commission is given refused in the foreign country + leave of court is not necessary + leave of court is necessary Rule 2.) Q. his e7pected witness F may also be already si7 ft. this time intruding another ft. or if he is alive. The only trouble is. he may already be si7 ft. 3o. Ab) before such person or officer as may be appointed by commission or letters rogatory Ac) any person authoriFed to administer oaths. re. (But A is from 3ulu? /ever mind that is what the law says. consul . B now puts up this fence but intrudes ft. he cannot compel B to file a case. -e will now file a case against B in the places where he (B) resides i. before a secretary of embassy or legation. as stipulated by the parties in writing CO. he is waiting for B to file a case. B again put up another fence. he e7pects that by that time a case is filed. there will be a time when he will no longer have any inch of land to stay on. 'n the meantime. Why? They first put up a bamboo fence. A and B did not believe that good fences ma+es good divide. A anticipates that if all these e7pected typhoon will materialiGe. What is the remedy now available to A. A said. under the ground. Q. 'magine how many typhoons we have in one year. (*epositions in #erpetuam Rei 'emoriam Example: A has a piece of land. Outside t+e P+ilippines Aa) on notice. so that his testimony or the testimony of F will be preserved? A. -ow can ' file a case?D 3o. But ' donEt have the money right now. here comes a typhoon.uesting the court of the place to ta+e the deposition of F./8
6etters rogatory is a letter from one court to another court. Q. Q.: *epositions $efore Action A party before any action has been instituted in court may ta+e the deposition of himself or of a third person for the purpose of preserving that testimony for use in the event a case would later be filed .. What is the remedy? 3o that when the case shall have been filed. A and B are neighbors. and F is already gone. into the property of A. A lives in 3uluH B resides in Batanes. To file a case.e. Their respective properties are divided by fence.oining AEs lot. 'n what court will this case be filed by A? A. But who will file the case? A. either by himself against B or by B against himself. -ow will this preservation be made? A. The rule does not say. By that time he will already be fenced out of the property. B has a piece of land too . vice consul. A 3ulu B Batanes
Q. But B is not going to file a case because he is still waiting for the many typhoons to come. or consular agent of the phil. 't simply says CcourtD. Q.
uestioning) Q. L 2!. -e would state in the petition the facts which he wants to prove. -ow will the deposition of either A or F be used? A. 3o. -ow will B +now that a petition against him has been filed? A. may be ta$en at the instance of any party. the rule re. This was only ta+en in anticipation that a case may later on be filed. 3o while the rule does not specifically state the summons should be issued and served in accordance with 0ule 5. in other words. + >epositions under the (ule do not prove the e1istence of any right and the testimony perpetuated is not in itself conclusive proof. by deposition upon oral
. What will be the allegations? A. of 0ule 25 Sec. *uestions (/a+asulat) Q. Well. 's there an oral interrogatories? A. whether a party or not. Rule 25: 5ritten Interro. + If deposition is taken under this (ule. the action by reason of its nature should be filed in the 0T&.uires A to furnish B with a copy of his petition and the notice of hearing thereof. What is the meaning of that? A. the perpetuated testimony constitutes prima facie proof of facts referred to in the deposition. the testimony of any person. Q. there is nothing said on the following2 . This is the gist of 0ule 29. When may a party address written interrogatories to the adverse party? A. An action of this nature to preserve the testimony is an action. 'f you e7amine a court witness. in the sense that evidence may be received by the court for A and B? A. Q. -is prayer is that the court may authoriGe him to ta+e his deposition or to ta+e the deposition of F. The rule does not say that B or A will be allowed to present evidence. Q. what will the court do? A. Well principally A will allege the reason why he wants his testimony or that of his witness F be preserved. The hearing must be set by A on a date which is not earlier than 24 days from service by A on B of the copy of the petition and of the copies of hearing.1. Q. Q. 'n the same manner a deposition is ta+en under 0ule 2%. and even if the deponent did not testify at the hearing. of 0ule 2% applies to 3ec. 3ec. The court in granting the petition will now authoriGe A to ta+e his deposition or to ta+e the deposition of F or any witness for that matter in accordance with the rule either by means of oral pending appeal. 6oo+ at the provision. e7amination or written interrogatories. 0emenber 3ec. That B has the right to file an answer for an opposition. ! of B.24
A. Why do you call it Cdeposition before actionD? A. the interrogation is oral. What are interrogatories? (written) A. as it can be controverted at the trial in the same manner as though no perpetuation of testimony was ever had.ustice court will grant the petition. Because at the time it was ta+en there was yet no case. an action incapable of pecuniary estimation is within the jurisdiction of the RTC.atories to #arties Q. The court will now issue a summons to B notifying him of the date of hearing as set in the notice of B. What is his prayer? A. /aturally. There is nothing said. / of Rule 2" By leave of court after jurisdiction has been obtained over the defendant or over property which is the subject of the action. RENE NOTES: + >epositions under this (ule are also taken conditionally. This will be served on B in the manner that the summons is served to a defendant under 0ule 9. to be used at the trial only in case the deponent is not available. $nce the petition is filed. or without such leave after an answer has been served. The rule says that the court will hear the petition and if granting the petition will avoid failure of . What will happen on the day set for hearing? Will there be a trial. which is incapable of pecuniary estimation. either of the e1istence of any right nor even of the facts to which they relate. it may be used in any action involving the same sub. in the absence of any ob.ect matter subsequently brought. Q. #owever. Q. while this rule does not specifically state that the action should be filed in the 0T&.ection to its taking. Q. (. 9 of 0ule 2% will apply in so far as the deposition of A or his witness is concerned. This is how 0ule 29 wor+s. 3ec.
ect may be one that relates to the claim of the plaintiff or one that relates to the defense of the defendant. 'f no answer has yet been served by B on A. RENE NOTES: + A . 'f an answer has already been served on A. What can be the sub. 444 . written interrogatories may be served without leave of court. 3upposing the written interrogatories include . cross. The . can you again send another written interrogatories consisting only of one . 'f you have only !!! . What is the remedy available to B here? A.uestion to the running of the period for the filing of the reply? A. in the discretion of the court.uestions may be addressed in written interrogatories? A. Q.uestions. C-ow many wives do you have?D Q. only one set of written interrogatories may be sent. the written interrogatories may be ta+en only with leave of court. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule >!. The sub.uestions to as+. provided that these matters are not privileged. party only 2. / Rule 25 (nder the same conditions specified in 1ec. Q.uestions as+ed by A is in his interrogatories relevant to the matters concerning the claim of A and defenses of B. Sec. if you have . with intervention of the officer authoriFed by the 9ourt to take deposition As to scope . direct. But here comes another . Example: A vs. ! of Rule >A.uire answer. B. another set of written interrogatories may be sent. by any officer thereof competent to testify in its behalf. /o. Q. as+ the .uestions are related to the claim of the plaintiff or to the defense of the defendant provided they are not privileged. B. %ritten interrogatories are directed to the party himself . A vs.21
e"amination or written interrogatories.A Sec" .B 1. The deposition of a person confined in prison may be ta$en only by leave of court on such terms as the court prescribes. any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served.B As to Deponent 1. Q. Q. )epositions upon 2ritten (nterro/atories to Parties under Rule . depositions shall be ta$en only in accordance with these rules. 's the number of wives relevant to the matter on issue? A. There is no limit. redirect.udgment by default may be rendered against a party who fails to answer written interrogatories .uestions that are improper. The number of .uestion. a party can send only one set of written interrogatories .uestions. he may not be compelled by the adverse party* a) to give testimony in open court b) give a deposition pending appeal E#ception: %hen the court allows it for good cause shown and to prevent a failure of . only one set of interrogatories ". A motion praying therein that B. be not re. The only limitation is that the . A can address this written interrogatories to B either with or without leave of court. for instance those are . The rule is.ustice. a party or ordinary witness As to procedure 2. =ile a motion to stri+e out that . -owever. The general rule is.uestion.444 . The party to whom the written interrogatories were sent must answer then within 5 days from service to him of the interrogatories. 't could be as many . 6et us say that A wants to address written interrogatories to B. Q.uestions is not limited. 1/ days to answer unless e1tended or reduced by the
. -ow many .uestions as a party can conceive of as long as his .ect of the written interrogatories? A. When must a party reply to written interrogatories? A. What is the effect of that motion on the part of B to stri+e out that improper . no intervention.uestion? A.uestions for the ownership of the land. re)cross Interrogatories (nterro/atories to Parties under Rule . $f course not because they are not litigating in the number of wives. 3o. Q. The period is suspended. or if the party served is a public or private corporation or a partnership or association. 's there an e7ception to this rule that only one set of written interrogatories may be sent? A. + !eneral Rule* 5nless a party had been served written interrogatories.uestion relate to the claim of the plaintiff or to the defense of the defendant and they are not privileged.
C/o.D A now is in possesion of these documents (The re.uest for admission. we have a rule on how to prove a private document. Q.uest. copies of which are anne7es A. The claim of A is that he bought this lot from D. &ity of :anila. What would be the effect of the failure of B? A. NreetingsOO 8ou are hereby re. When is an issue . =or instance.uest. Cwho is the owner of the land. C/o document offered as authentic document shall be admitted in evidence unless the genuineness and due e7ecution of that document is proven.oined. he denies that A has declared his land for ta7 purposes. B serves his answer to A. if he denies the truth of these facts. 'n this re. 2) A has been paying the ta7es of his lot as evidenced by ta7 receipts. B denied the material allegations of the complaint. no fi1ed time court RULE 2!: Admission A% Ad)erse #art% Example: 6et us say that A and B are litigating over a piece of land. any of the parties may now address to the adverse party a re.D B said.uest and serve a copy thereof on A.uested to admit under oath within 5 days from receipt thereof the truth of the following facts2 ) A declared a lot for ta7 purposes per ta7 declaration L 2%9. 0ule %A. is a private document. copy of which is attached as anne7 CDD &opies of these private documents are now attached for admission. if he denies that the signature over the name of B is his signature. To deny under oath the truth of these matters of facts. Cthe color of the dog is blue.uest is sent. issues are now .
.uested to admit that the signature over the name B in Anne7 B is the genuine signature of B. This document however. (This is an innovation now. Q. 3o.uest for admission. 'n his answer.D Why? Because A says. the rules said after the issues have been .D B said.D A will have to prove that he is the owner. 3o. the answer and issues having been . Cthe color of the dog is red. B defendant. -e is cleared to have admitted the truth of those matters of facts. C' am the owner.uest or the genuineness of the document the copy of which is attached to the re.uest as+ the party to whom the re. Within the period granted to him under the written re. B. -e is cleared to have admitted that the signature over the name of B is the genuine signature of him. 24. -e must file it in court. Q. the issue is. (nder the rules on re#uest for admission . he will say there. in our e7ample.uest an denies that the signature over the name B in anne7 CDD is his signature. B will file his answer to the re. he will have to prove that he is the owner. B and &. 3o. :ore particularly this is what A as+ B in that re.uest? A. to admit the truth of the matters of fact stated in the re. it was not so under the old rule) 3o.D This is an issue because they dispute on the color of the dog.oined.) Q. -ow will these rules on discovery have shortened the time for proving facts in accordance with these rules in Ividence? A. he has to prove every facts in accordance with the rules in evidence. he will address a re. 3ec. What will B do with that copy of answer? A. After A have already received for instance. (the genuineness of the signature).uest for admission. this is what he will do.uest. but no less than 5 days.oined.uest for admission to which was attached a copy of the documents. 'f he (A) follows the rules in evidence.oined? A. What is the duty of B upon receipt of the re. When the parties are certained and it is disputed Example: 'f A said. A may also have declared this lot for ta7 purposes (ta7 declaration) and A have paid the ta7es on this land. %) The genuineness of the document. the party sending the re. CB denies the truth of the matters stated in the written re. The 0ule says. This is how it is done< 6et us assume that the answer of B has already been served. you are not the owner.22
". Q. C8ou are hereby re. The claim of A is that this sale is evidenced by a deed of sale purportedly signed by D.
The rule is. C8ou will have the opportunity to see this document in court when ' present it as evidence.udicially admitted do not re. This admission of B is only for the purpose. 'n the meantime. B said. /o. if there is no denial of he truth that A has declared the lot for ta7 purposes. =or instance in our e7ample. so that before the trial B can now have an idea whether this is a genuine document or not? A. there is no need for A to prove it.uently.uest for admission. A called on B as his witness. A should have first addressed to B re. Q. may copy the document may photograph the document. %SE* An admission under this section is for the purpose of the pending action only and cannot be used in any other proceedings. B ob. Q. 0eason2 A did not send me any re. ' can only be compelled to be a witness of A if A sent one re. $f course. 6et us assume that B after he failed to deny made oath the genuineness of that document. They are deemed proven.uest for admission of matters in issue of which B has personal +nowledge.uire proof and cannot be contradicted. Why? Because if there is no denial under oath of the genuineness of that signature. ' cannot be compelled to be a witness of A. that he did not affi7 that signature? A. 's there a particular time when this motion on the part of B may be filed?
. -e cannot be compelled. Q. The truth of the matters of facts. /o more. will he (A) still prove the signature over the name of B is the genuine signature of B? A. RENE NOTES: + !he effect of a failure to make a reply to a request for admission is that each of the matters of which n admission is requested is deemed admitted.ect of B is sustained. Q. Why? Because these are admissions of facts .ect under the control or custody of the adverse party.uest for admission can help discover the facts. A cannot present B as his witness. This re. there is no denial of the truth of the fact that A paid the ta7es. -e will say. C#nder 0ule 2@. 3ince this is a document material to the claim of A. in all probability A will refuse.2
Q. the father of B. A alleges in his complaint that he brought this lot in .udicially made. B). 't cannot be used as evidence against B in another proceeding.uest for admission to B on this matter. Do you thin+ A will agree? A.uest? A.s 3upposing in our e7ample. #nder the rules on evidence. that he paid the ta7es. B wants to see this supposed deed referred to in the complaint of A has evidence of his claim that he bought this lot from &. + each matter must be denied 0C&9I?I9A::B under oath setting forth in detail the reason why he cannot truthfully admit or deny.D Q. that there is a limited use for an admission. &an he (B) now prove during the trial that the signature is a forgery. facts . the genuineness of that signature is cleared to have admitted them conse. =or what purpose? 3o that the party as+ing for the production of document may e7amine the document. Will A still have to prove during the trial that he declared the land for ta7 purposes. in this case (A vs. a party to a case for good reason shown may file a motion re. 8es. What would be the effect now of the failure of B to answer in demand within the period mentioned in the re. 3o you will now appreciate how this re.uestion from &. 0emedy. Ta+e note however. Q.uesting the adverse party to produce a document or ob. you (B) doubt that your father & sold this property. Rule 21 : #roduction or Inspection of *ocuments or 26in. under the party ma+ing the admission is allowed to withdraw the admission because he can show that the admission that he made was a result of a palpable mista+e or that he did not actually ma+e an admission. Why? Because under the new rule now modifying the rules on evidence. B said. before A can call on B as his witness. 3o A cannot call B to prove these matters within the +nowledge of B unless A previously sent a re.uest for admission on matters of facts of which ' have of personal +nowledge. This is allowed but this right of a party to utiliGe the adverse party as a witness is no longer absolute in the sense that there may be instances when a party cannot call on the adverse party as his witness.uest for admission will shorten the proceedings. 's the ruling correct? A. Does A have the duty to produce this document even before the trial for the scrutiny of B.ected. 0ule 2" #nder this rule.D 0uling ob. CA can you +indly lend me for my securing this document you mention. why? Because you are not allowed to contradict your admission. A does not have to prove these facts anymore.
unli+e a deposition pending action or written interrogatories or re. which fi7 a period within which his remedies may be amended of.uired to produce that deed of sale he referred to. for instance. 3tate in your motion the fact that this document referred to in the complaint contains evidence material to the case that this document is under the custody or control of A. how their discovery will help AOOO RENE NOTES: PRO)%CT(ON OR (NSPECT(ON O4 )OC%. What is the remedy? A will file a motion.
of B. 3o with the entry now of A upon the land. it is the cler+ of court who is designated as the officer before the document should be produced.2"
A. to produce the document before a specified person on a specific time. And the determination of that issue is re. Q. etc.)%CES TEC%. /o. you would approach B to allow you enter and see the land and have it surveyed. which is now in the possession of B. when an order is issued by the court directing a party to produce the document. the motion must be filed in accordance with 0ule 5. and therefore pray that A be ordered to produce the document. Q. 'f you were B in this e7ample.uired into. he is only authoriGed to e7amine it before the cler+ of court. photograph the document. A. -e will not. for instance. + means of compelling production of evidence + may be directed to a person whether a party or not + may be issued upon an e1 parte application. &an B however ta+e hold of this document and bring it home for scrutiny? A.
Rule 2>: #6%sical and 'ental examination of #ersons 0ule 2A contemplates a situation where the mental condition or physical condition of a party is an issue. the document specifies the officer before whom the document should be produced. This rule e. move that A be re. Q. $n the day of the hearing. for what purpose? To determine. 3o in our e7ample. 3tate the reason why you want to e7amine it. i. the court may report A to produce that document before its cler+ of court on a particular date and hour. so that B can e7amine the document. it must be heard. What is the prayer in the motion? That B be ordered to allow A to enter upon the land survey. he can ta+e steps to have this matter in. This is what you will do2 =ile a motion that A be re. photograph the document.ect for that matter. 6et us assume that A wants to see the land in . how would you avail of the benefits of 0ule 2"? A. The order will direct A to allow B to go over the document.uest for admission. 3o he can now. how big is the area thereof developed or planted by B so that A can estimate the damages. the court will hear the parties and thereafter will rule on the motion whether to deny the motion in which case A will not be ordered to produce the document or grant the motion.uire A to do the following2 .uestion. that he may have sustained by reason of his having been deprived of the fruits of the property. Do you thin+ B will allow you? A. Example:
. A. Where? Before the person named in the order. copy the document. he will be able to determine the e7tent of the cultivation 3ee.udgment can be rendered. in which case the court will re. /ormally. /o.uired in order that a proper . Q. Q. Q.uired to submit this document for e7amination by a handwriting e7pert. /ormally.ENTS OR T9(N!S + essentially a mode of discovery + the (ules is limited to the parties to the action + the order under this (ule is issued only upon motion with notice to the adverse party S%:POEN.e with due notice of A. 'f after B e7amining the document believes that that is a forgery. 'f you were A. 0ule 2" does not specify the period when a party can avail of this remedy. $f course. When? $n the date and hour mentioned in the order.ually applies within respect to real property or an ob. What will be the advantage of this e7amining? A. copy the document if he (B) wants.
#nder 0ule 2@. The information that the doctor obtained in the course of attending professionally to the patient when information was necessary to enable the doctor to properly attend to the patient and which information if revealed. . now that he received the copy of the report of Dr. F.D 3o W moved. F. The e7amination was finished. F. under 0ule 2%. CTarantadong do+tor ito. under 0ule 2A when he disobeys. =or instance. The e7amination was conducted out of curiosity.represented himself to be more than able to perform what is e7pected of a husband to the effect and dismay of W.. F e7amine him. 8. $f course this motion must be with due notice to -. Q.uest for admission is sent. and Ab) he waives any privilege that he may have in that action or any other involving the same controversy regarding the testimony of any other person who has so e1amined him or may thereafter e1amine him. 8ou remember the rule that a doctor of medicine.istC t6ese are t6e sanctions: #nder 0ule 2!. W said CW your honor. the only instance where a party refuses may not be arrested is the case of the party who is re. .D The court overruled the ob.waived the benefit that he may have over the testimony of Dr. #nder 0ule 25 (Written 'nterrogatories) when a party to whom written interrogatories are addressed refused to answer. what are the sanctions against him. RENE NOTES: + %here the party e1amined requests and obtains a report on the results of the e1amination the consequences are* Aa) he has to furnish the other party a copy of the report of any previous or subsequent e1amination of the same physical and mental condition. he cannot. Because by obtaining the copy of the report of Dr.ust imagine what happen nowO Whereas when he got a copy of the report of Dr. Why? Because the result confirmed the allegation of the wife.cannot do it. Trial<<<<<<<. . which should be ta+en into account in relation to the rule on the confidentiality of the communication between a patient and a doctor. W now called on Dr. you could . 3o what did he do? -e engaged Dr. what are the sanctions? A. would embarrass the patient. Q.be directed to submit himself to an e7amination of his physical condition before Dr. ' have not given him my consent to testify. . 's the ruling of the court correct? A. y to testify on his findings. 3o this rule does not apply when 0ule 2A is involved. The treatment that the doctor administer to the patientH %. by filing a motion that . he nearly fainted.uest proves it. When a party refuses to submit himself when ordered by a court to e7amination of his physical or mental condition.ect or to permit an entry into premises.is one who is easily daunted by this adverse report.
. Q.ualifies the provision. In . When a party refuses to allow. Why? Because whereas before marriage.uest was given? A. 3o this is therefore a rule (0ule 2A). #pon reading it. offers the testimony of Dr. 3aan +aya nagKaral ito hindi marunong. he actually faintedO Why? Because the result of Dr. Taya +oO Taya ni :isterOD 3o he wanted to disprove. the adverse party to e7amine a document or and ob.said C' ob. he cannot be arrestedH in all other cases the refusing party may be arrested.is CAnong sinasabi ng asawa +o sa complaint ay hindi naman totoo. 3o in announcing the purpose for which she offered the testimony of Dr. 8 to prove that . The representation turned otherwise.ection and allowed Dr. so under the rules on evidence. when a party to whom the re.ect to Dr. 8es. But . What for? To e7amine him also on the matter in connection with which Dr. 0ule 2A therefore.2/
W sued the husband . he said. when a witness in a deposition refuses to be sworn to or refuses to answer.obtained the copy of the report of Dr. 8. he has almost fainted.uently the party ma+ing the re. a surgeon cannot without the consent of his patient testify on the following2 . 8Es testifying. 8Es e7amination confirmed the findings of Dr. F. -e got also a copy of the report. 8. 3o the answer of . the party who refuses may be arrested. in disobedience to a court order. F. What are the sanctions? A. Q.for declaration of nullity of marriage on the ground of fraud.D . 8. denies the truth of the matters stated therein and subse. Rule 2? : Refusal to (ompl% 0it6 'odes of *isco)er% 0ule 2! enumerates the sanctions that may be imposed by the court where a party does not comply to any of these modes of discovery. Why? Because what was represented to be a Cdeadly weaponD turned out to be a Cdead weaponD.uired to submit himself to physical or mental e7amination. The advice that the doctor gave to the patientH 2. 8. What are the sanctions against the party to whom the re. an obstetrician.
the order of trial is as follows2 ) the plaintiff presents his evidence in support of his compliantH 2) thereafter the defendants will present their evidence on2 a) their answer to the complaint.ection of the adverse party. 3o. where an issue is tried by a party without ob. a party may be declared in defaultH Third. ?ust a reminder2 there are two instances where issues are not raised in the pleadings may be tried in the court2 . you ta+e into account 0ule 4 which allows amendment on pleadings to conform to the evidence. the party who refuses may be ordered to pay the e7penses 1arty including attorneyEs fees. a . when an issue is tried by a party with the ob. The only issues which the parties are allowed to present their evidence are those specified in the preKtrial order. trial. a contention of a party in connection with certain matters would be deemed established in accordance with his claimH 3eventh. these issues though not raised in the pleading may be proven during the We go now to 0ule %4 proper.ection on the part of the adverse partyH 2. a complaint may be dismissedH =ifth.
Rule "+: 2rial #nless otherwise provided by the court the order of trial is as follows2 The evidence of the parties is limited to the issues in the preKtrial order. #nless otherwise stated by the order of the court. but the court finds that the presentation on that merits of the case would best be served by allowing evidence to be received in this case. -owever.udgment may be immediately renderedH =ourth. in these two (2) cases. a party may not be allowed to introduce evidence to support 3upport a factH 3i7th.22
3econd. if there is anyH
. That is why the preKtrial order if there are only two issues the parties cannot present any evidence on any other issues e7cept on the issues in the preKtrial order.
Answer to 0eply to &ounterclaim of B R rebuttal evidence of B B. There will be a time for him to adduce evidence on the second pleading. Answer %rd party complaint of B 2. 3o A now presents his evidence first on his complaint. Answer to reply to &ounterclaim R 0ebuttal %. 6et us apply the order of trial. Q. the other pleading of A is his answer or reply to the counterclaim of B. may now adduce his evidence. Answer counterclaim of B D. What is the pleading of B? A. . B A R Answer to counterclaim of B and & B R Answer to counterclaim of D & R Answer to crossKclaim of & Q. and still he (B) will win. B A. Answer to complaint counterclaim vs. memorandaH A) thereafter. A 2. if there is any %) thereafter. $n what manners will he now present his evidence?
. There being a counterclaim against him (A).uired to present. . -is answer to the complaint. & 9. &ounterclaim vs. 6et us apply it. the initial presentation of the evidence in chief is commenced by A. rebuttal evidenceH 5) it may be followed by subKrebuttal evidenceH @) oral argumentsH or ") in addition thereto. A must produce evidence to support the factual allegations in his complaint. his counterclaim against A. A %. Q. 6et us assume that B elects to present his evidence. if there is anyH d) their thirdKparty complaint. Q. Why do we say C'f B wants to. Q. he may adduce his evidenceD? A. #nless otherwise ordered by the court. B does not have to introduce his evidence. 'f A failed to adduce the . the parties against whom counterclaims or crossKclaims were pleaded. &omplaint R Ividence in &hief 2. -e (A) will limit himself to only his complaint.uantum of evidence re. they may have to adduce their evidence in support of their answer to these claimsH 9) thereafter. &rossKclaim vs. if there is anyH c) their crossKclaim. /o. Will A now prove his defenses to the counterclaim of B? A. 8ou call this as his evidence in chief. After A finished presenting his evidence on the complaint. decision. 'n other words. A has only his complaint. B. B rebut evidence of A %. if he wants to. which are disputed in the answer of B.26
b) their counterclaim. Answer to complaint of A 2. What are the pleadings of A? A. Ans. which is preponderance of evidence. Because B is not compelled to present his evidence. &ounterclaim vs. %rd party complaint 5. Example2 A vs. This is the order of trial. . . R reply to counterclaim R claim of & &.
his counterclaim against A. he will now rest his case. When he present his evidence in support of his answer to the counterclaim. After he has presented his evidence on these matters alleged in his answer. -is (B) evidence on his answer to the complaint of A. 3o you will notice if he (B) has a crossKclaim. /ot yet. -e will have his %rd party complaint. there will be three (%) stages when A would present his evidence. . he may at the same time present his evidence of B.ect matter of his evidence. 8ou call these rebutting evidence of B the 3ubKrebuttal Ividence. =irst he will adduce his evidence in support of his answer to the complaint of A. in which case B can rebut these rebutting evidence of A. in actual practice. 3o whatever defenses he alleges in the answer will be the sub. his rebuttal to the evidence of B. 6et us assume that B has li+ewise a thirdKparty complaint against D. B can rebut the rebuttal evidence of A. then the court may order the case submitted for decision unless the court re. Q. There is another stage for the presentation of the rebuttal evidence. During the presentation of B of his evidence. There may also be new matters ta+en up in the rebuttal evidence of A. What are these rebuttal evidence? A. Will this end now the trial? A. in so far as the answer to a complaint is concerned. #nder the order<< 0ebuttal evidence meaning A can rebut the evidence of B. 3o. What follows ne7t? A. %.uire parties either to orally argue or file a memorandum or re. After the evidence is in. This being the case. when A is proving his answer to the counterclaim of B. Q. -e will present his evidence in support of his counterclaim against A. 3o. /o. & now will also present his evidence. 2. these two (A presents his evidence.uire both parties to do both (orally argue and submit a memoranda). There may be evidence ta+en up when he presented his own evidence. Q. 'n actual practice.
. Q. -e will adduce his evidence first with respect to his defense in his answer. Q. may now be rebutted by A.27
A. this is how it is done< you will note that. since he has a crossKclaim against &. What will be the added pleading of B? A. 6et us assume that B filed a crossKclaim against &. -e will have his answer or reply to the counterclaim of &. not yet. The pleading of & will be his answer to the complaint of A. he will also produce his evidence in support of his crossKclaim. Will he (&) now adduce evidence in support of his answer to the cross claim of B? A. there are two(2) defendants (B and &). Why? Because A may present now his evidence on these matters (Answer or reply to BEs counterclaim because if B did not. his crossKclaim against &. and at the presents at the same time the rebuttal are held simultaneously). what would be the added pleading of A? A. -ow about B. What will be the pleading of &? A. 3o those matters ta+en up in the evidence inKchief of B. When he present his evidence on his complaint. this is the order of presentation of his evidence. if we follow the order. There will be a time for that. After he has finished presenting his evidence on his counterclaim. -e will have his answer or reply to the counterclaim of &. But in the actual practice where the parties are only the plaintiff and the defendant. 6ater. per rule %4. then we say. he may now adduce evidence on his counterclaim. and he will have his answer to the crossK claim of B. Q. Q. 'n our e7ample for instance. there is a separate stage for the presentation of evidence against the counterclaim. or evidence against the crossKclaim. Q. there is no need for A to present his evidence in support of his answer to reply to the counterclaim. 3o the evidence inKchief now of B has also been terminated. what are the pleadings will he have? A.
udgment. Q. -ow about B? A. there is a counterclaim pleaded against A by B and &. the counterclaim of D. Q. -ow about D? A. which the parties may not present their evidence anymore? A. 'n our e7ample. -is thirdKparty complaint against D. &ounterclaim against A. Answer to the complaint of A. -ow about &. -ow about the pleading now of D? A. =ollowing that. -e will have his answer to the third party complaint of B. Q. /one. 3o. Q. the court may delegate the reception of evidence to a cler$ of court who is a lawyer. Q. The cler$ of court can receive the evidence provided the cler$ of court is a member of the -hilippine Bar. This terminates the presentation of the evidence in chief of A. The same things still with A in the order he presents his evidence to support his complaint and nothing else. -e will now present his evidence in support of his counterclaim against B.. -e will now have his counterclaim against B.udgment be rendered by the court without a trial during. provided the facts are sufficient as basis of a . =ollowing this. -ow about B. B and &. Q. the only persons who will present their evidence in support of their answers to the counterclaim or crossKclaim are A. B.uestion. Q. <rounds of #ostponement 8ou will note that under 0ule %4 that a trial may be postponed on these two (2) grounds2
. Another line of decision tells that the cler+ of court have no such authority. 2. Q. 'n one line of decision held that the cler+ of court have such authority. Q. #nder 0ule %4. who now will present his evidence? A. What then will be the added pleading of B? A. then decision. :ay a . 3o A now will produce his evidence in support of his answer to the counterclaims of B and &. %. -is crossKclaim against &. 3ame (as before) Q. B will now introduce evidence on the following2 . -ow about &? A. 8es. 3o & will produce his evidence in support of his answer to the crossK claim. $rder of Trial<<<. -ow about D. This is the order of trial under 0ule %4. This provision now settles the . but there is a crossKclaim. is there a counterclaim pleaded against him? A.udgment. & and D. is there a counterclaim pleaded against him? A. is there a counterclaim pleaded against him? A. This settles the conflicting decisions of the 3& on the . The parties against whom a counterclaim or a crossKclaim have been pleaded. this is possible when for instance the parties stipulate on facts and the facts stipulated upon are enough to serve as basis of a . 8es.28
Q. we go again to the same order 0ebuttal. 9.uestion of whether or not a cler+ of court can be commissioned to receive the evidence. 8es. -e will have his answer or reply to the counterclaim of D. :ay . 3ubK0ebuttal then oral argument or memoranda or both. -e will present his evidence in support of his answer to the third party complaint of B.udgment be rendered on the basis of the stipulations of facts? A. /one.
These things that actually happen practice. 'n case the ground is absence of evidence. 3o. the motion for postponement should not be granted. together with the ob. 'f two or more cases have between or among them common . is a situation where the lawyer himself becomes a doctor. he ma+es his own medical certificate. What is the re. before the commencement of the action or proceeding. Q.ustifies it. The same thing is true when the ground of postponement is the ailment of the lawyer or of the client such motion for postponement may be granted or acted upon if it is supported by an affidavit showing that the presence of a counsel or a party before the court is necessary and that the character of the ailment is such as to e7cuse the nonKappearance of the ailing lawyer or litigant. Rule "/: (onsolidation or Se)erance Q. during the incumbency of &hief ?ustice :arcelo =ernan. Suspension of -ctions -rticle . The passengers who were in. 9o'ever5 the reception of such evidence may be delegated under the following conditions* Aa) !he delegation may be made only in defaults or e1 parte hearings or an agreement in writing by the parties. they may be consolidated in one court. Ab) !he reception of evidence shall be made only by the clerk of that court who is a member of the bar. Ac) said clerk of court shall have no power to rule on ob. But even then. 8 and >. if it appears that one of the parties.ection to the facts supposed to be established by the testimony of the absent witness. if willingness to discuss a possible compromise is e1pressed by one or both parties. and Ad) #e shall submit his report and transcripts of the proceedings.ections to be resolved by the court within ten A14) days from the termination of the hearing.uires that the motion must be supported by affidavit. F.CAC NCC very civil action or proceeding s!all be suspended 1.ect to their admissibility the rule says.udges of the trial court to implement this rule on postponement strictly meaning postponement should be granted e7cept when there is a compliance with this rule that any motion for postponement based on absence of evidence should be accompanied with its re. then he .ournment ) three months over all E#ception AuthoriFed by the 0upreme 9ourt administrator !eneral Rule: !he . Where did he get this medical certificate? =rom a doctor friend who will say CAnong sa+it gusto mo?D these doctors are not realiGing that for falsely certifying they incur criminal liability under 01&. where a lawyer does not feel li+e going to court. Again. 6imitation on -djournments ) one month for each ad. or 2. These were both passenger buses. What is the fact common to both cases?
. And worst of all. if the adverse party states that he does not have any ob.64
. offered to discuss a possible compromise but the other party refused to offer. damages were suffered by the buses and the passengers. As a result of the collision. When does consolidation ta+e place? A. the only trouble with this is. Example: A collision too+ place between the vehicles driven by A and the vehicle driven by B. he cannot find immediately a doctor friend. the clerk of court notifies the parties at least five A/) days before trial.ured as a result of the collision. -e presents a medical certificate.udge must himself personally receive and resolve the evidence of the parties. it has been interpreted to be merely directory. 3ometime however.uestions of fact or of law. the affidavit must state the materiality of the evidence that is not produced and the efforts e7erted to.uired affidavit. These are unethical practicesOOO ?ust stic+ to the rule and youEll never go wrongOOO RENE NOTES: Notice of Trial ) 5pon entry of the case in the trial calendar. =or instance. The rule re. The lawyer is not realiGing that for introducing in evidence this fa+e medical certificate he can also be held criminally liable. illness of party or illness of a counsel
Q. absence of evidence 2. although he may later on ob. 3& issued a circular directing . 3o A now sued B in the 0T& of *ueGon. it is more often honored in its brea+ than in its compliance. The only problem on this rule is.uirement in order that a motion based on these grounds maybe validly acted upon and granted by the court? A. sued A and B in the 0T& of &avite.ections to any question or to admission of evidence or e1hibits.
The possibility of a .oinder. Q. under the second mode of trying these cases. 'n our cases here. There is another method of consolidation.ect of enforcement already on it.ect only to the conditions of . RENE NOTES:
. #nder this rule on severance.e< the collision. After the main case has already been tried. This is the concept of consolidation. the first case (the principal of them) will be heard first. the &avite court could try the *ueGon case and the &avite case at the same time. i. There is this complaint of A involving three (%) causes of action. consolidation is mandatory. (nder the present ruling. the court will now render . if the &avite &ourt did not want to hear *ueGon case. (nder the old rule .oin all these causes of action against another in only one complaint sub. These different causes of actions and you +now under the rule.udgment. the court where the cases are consolidated may try only the principal case. 3ay. 8es. B.udgment. can be the sub. &an this be the sub. 3& ordered the consolidation of these two cases in the 0T& of &avite. 8es. 'n other words. Q. the court again can hear these other causes of action. Q. As a matter of fact when consolidation is proper. 'f they were to go to *ueGon. Q. When cases are consolidated in one sala. the court will try this first cause of action. What is the . But under this severance. to receive the evidence of the principal case leaving unheard the other cases. that would entail much e7pense to the party. 'n what court? A. After the reception of evidence in this first cause of action. these parties in the court of *ueGon both being bus companies could afford the e7penses of going to &avite. Why? =or practical purposes to minimiGe e7penses. no more. 's a court obliged to hear cases for consolidation? A.uestion of fact or of law common in both cases. court may hear only one cause of action remaining unheard the other causes of action. There is a common . Q. instead of the court conducting a hearing on all the claims at the same time it will limit itself to the hearing of a particular claim. Thereafter. #nder this option. The complaint alleges three (%) causes of action. Q. render only one decision as if these two cases are only one. but the court can suspend the enforcement pending the disposition of these two other causes of action.oined? A. What is se)erance? A. The theory is that the court cannot be compelled to hear the case of another court. if these case is consolidated there. This presuppose that there are several cases of the same nature. 'f these cases were consolidated in &avite.61
A.ect of an appeal? A. the &avite court cannot be compelled to try. if there are five (5). What would be the proper method for the court to adopt in resolving these cases? A. They originated from one and the same incident. there may be several claims or several reliefs in which case. so to avoid this (the possibility of conflict) it is better that these two cases be tried by only one court so that there will be no possibility of conflicting decisions. 'n the meantime that this case is decided and these two other causes of action are not yet decided.udgment leaving undecided these two cases (these two causes of action).udgment. Iither in the court of *ueGon or in the court of &avite. 'n this particular case. what would happen if cases were tried separately. B now has a counterclaim against A in respect to his first cause of action. :ay the two cases be . a party can . $n the other hand. 't is the opposite of consolidation. then the court will render only one . it is a trial by installments. . Q.udgment rendered by *ueGon 0T& being different from the . The court where the cases are consolidated may try all the cases at the same time and render only one .udgment rendered by the &avite 0T& insofar as the cause of the accident is concerned may be conflicting. Why? Those who filed the case in &avite are residents of &avite. leaving untried the four (9) other cases. 3ee. 'n this e7ample. including the counterclaim of B. This is how the rule wor+s. /ormally the trial would be conducted on all these causes of action and thereafter the court will render only one . A vs. 'n a case of severance.ustification for the consolidation here? A.
3upposing there are three (%) issues raised. T+ree 2ays of Consolidatin/ Cases a) by recasting the cases already instituted. As a matter of fact. conducting only one hearing and rendering only one decision. the order does not say anything with respect to the limits of his authority. 3o. which is referred to the commissioner. The order of reference here is the order issued by the court appointing a commissioner and stating the commissioner what he is supposed to act on. Ta+e note that under 0ule %4 the reception of the evidence is by the . who is a member of the bar. he may even resolve the ob. That is what referred to here as the Corder of reference. B. Example2 A vs. 3o. " Rule "2 %hen a reference is made. the cler$ shall forthwith furnish the commissioner with a copy of the order of reference. 8es. and may fi" the date for beginning and closing the hearings. Then in the hearing on this motion a commissioner may be appointed to receive the evidence. That is why this is governed by this rule. when tried before the same . The court may refer this case to a commissioner for a trial of. These are the three (%) situations where a commissioner may receive the evidence even over the ob.urisdiction and one of such cases has not been partially tried. Q. but the other refuses.ection of the parties. 3upposing the parties did not agree in writing that a commissioner be appointed or that one wants a commissioner to be appointed. his powers are specified in the order appointing him.udgment has been rendered in the principal case ATest&case method#' Rule "2: 2rial $% (ommissioner Q. 't is a third person called the &ommissioner. 1ubject to the specifications and limitations stated in the order. What then is the authority of the commissioner? A. What he can do are specified.udgment is rendered. the commissioner here would be acting as if he were a . Q. the party who receives the evidence is other than the . #nder 0ule %2. The order may specify or limit the powers of the commissioner. What is the e7tent of the power of the commissioner? A.udge himself or the court may in case of a default case. :ay a commissioner nevertheless be appointed? A. or of purposes of carrying a . There are three 8A7 instances when the court can appoint a commissioner even without the written agreement of the parties or even over the objection of the parties. 2. this issue is the one. Q. when a . however. where there is a need for the reception of evidence consisting of a long accounts either from one or both of the partiesH 2. and may direct him to report only upon particular issues. when the ta+ing of the accounts is necessary for the purpose of informing the court before . What is the situation contemplated here? A. b) by consolidating the e1isting cases and holding only one hearing and rendering only one decision. When may the case be tried by a C&ommissionerD? A.uestion of fact other than upon the pleadings arises upon motion or otherwise in any of stage of a case. Q. and for the filing of his report. When a reference is made. or both refused to agree to a commissioner.udgment into effectH %.udge. if filed with different branches of the same court having .udge. or to receive and report evidence only.udge actually trying the case. The court may refer the reception of evidence with regard to the case in its entirety.ections to the admissibility of evidence. 3upposing. the commissioner has and shall e"ercise the power to regulate the proceedings in every hearing before him and to do all acts and ta$e all measures
.D Sec. E#ception: %hen consolidation a matter of duty* 1. or to do or perform particular acts. This last situation contemplates that a motion is filed based on facts not on record. c) by hearing only the principal case and suspending the hearing on the others until . letEs say only of issue L . then it is only in respect to that issue he may receive the evidence. The general rule is. 'n effect. Where the parties agreed in writing that a commissioner be appointed. They are the following2 . the cler+ shall forthwith furnish the commissioner with the copy of the order of reference. delegate the reception of the evidence to the &ler+ of &ourt.62
!eneral Rule: 9onsolidation is discretionary with the trial court. if the specific issue for instance is the only matter in connection with which he is authoriGed to receive evidence.
) RENE NOTES: + (efusal of witness to testify or give evidence < deemed indirect contempt of the court which appointed the commissioner.udge. After the plaintiff has rested its case. What is meant by this? A.uire the parties to present their evidence either before the commissioner himself or before the court itself.D :eaning. 8 and >. after which the court shall issue an order adapting.D
. 3bjections to the report based upon grounds which were available to the parties during the proceedings before the commissioner. it is merely recommendatory. or rejecting the report in whole or in part. The trial or hearing before him shall proceed in all aspects as it would if held before the court. A said C' now rest my case. swear witnesses and unless otherwise provided in the order of reference. Q. or re#uiring the parties to present further evidence before the commissioner or the court. 8our honor. the report shall be set for hearing. the parties shall be notified by the cler$. he may rule upon the admissibility of evidence.
Sec. -e will now prepare a report. What for? A. +e may issue subpoenas and subpoena duces tecum. the commissioner conducts the hearing as if he were a . 3o that A and B can ma+e their comments on the report of their ob. &onference must be held not later than ten ( 4) days from his receipt from order of reference. 'f he is not prohibited by the order of preference. or recommitting it with instructions. 3o after these three (%) (F. (Thereafter the court will decide the case. After the hearing. Q.udge can do. What shall be done with this report upon the filing of these commentsJob. the court will resolve the report. 3o. it is now the turn of the defendant to present his evidence. A will say. C' have no more testimonial evidence to offer. They can do this within ten ( 4) days from their receipt of the copy of the report. What is the situation contemplated by this rule? A.ection. for instance. 3o he finishes the trial. 3o that in what he can do (underlined provision) if he is not restrained by the order. The court will now set the report for hearing. recommit the report to the commissioner or re. Rule "": *emurrer to E)idence Q. Q. so he will conduct the trial. A finished presenting his evidence. Then he have e7hibits CAD. The &ler+ of &ourt is mandated to furnish to the parties A and B copies of the report. 3ubmit the report to the court. your -onor. 3o. Q. The report concerns the proceedings that were conducted before him.ections or upon the e7piration of the period of the filing thereof? A. ' now present formally my documentary e7hibits. he can rule on the admissibility of evidence. /+ Rule "2 (pon the filing of the report.ections to that report.6
necessary or proper for the efficient performance of his duties under the order. 'n our e7ample. What is the first then that the commissioner does when he receives the order of preference involving parties to a conference? A. Q. and they shall be allowed ten 8!B7 days within which to signify grounds of objections to the findings of the report. either to approve the report or disapprove the report. he can do. A has no further evidence to adduce. he (A) will formally offer his documentary e7hibits. 8 and >) finished testifying. other than objections to the findings and conclusions therein set forth shall not be considered by the court unless they were made before the commissioner . What is the duty of the &ler+ of &ourt upon receipt of this report? A. he forwards then to the court the entire records including the transcripts of the proceedings. Q. his witnesses are F. What is this report all about? A. 'n short. Q. CBD and C&D. generally. Before the commissioner sets the date of the hearing. What shall he now do? A. he can submit his findings of fact.D &ourt2 What does B say? B2 C' do not have any ob. the e7hibits if there are any. modifying. the parties will appear before him. The report is not binding on the court. Sec. What the . if they so desire. // Rule "2 (pon the e"piration of the period of ten 8!B7 days referred to in the proceeding section. 't is as if he was the one who evaluates the evidence.
ection is proper or not. 8ou cannot compel him because a party has to choose the evidence he presents. -e cannot be compelled. he said.ection can be ruled upon only on the basis of the ground relied. The trouble arises when the order says. the order of dismissal is set aside. CBD and C&D are admitted. The evidence of A is insufficient. to prove<H C&D<<<. the appellate court may affirm the order of dismissal or it may reverse the order of dismissal. When B files a demurrer to evidence. 't is proper to ob. The court has options in ruling on this demurrer to evidence. Therefore. Why Cif he wants toD? Because he (B) may not li+e to present his evidence.ection. Q. your honor. =rom the point of view of the court. Will this reservation allow him to present his evidence? A.ectD and then sit down. Q.. 3o the court will overrule the ob.ections so that the court may rule on whether the ob. 8 and > and the document e7hibits CAD. CBD and C&D even if given all their weight they are utiliGed to is not simply sufficient to prove the case of A. What legal device is he allowed to utiliGe? A. 8ou cannot say. C' will not present any evidence. And so.udgeOD 8ou must state the ground for ob. Q. The court may grant the demurrer. that the evidence of A is sufficient to prove his case. The ob. What is the implication of its denial of the demurrer to evidence? A. it simply means that the appellate court agrees with the trial court that the evidence of the plaintiff is insufficient. reserved the right to present my evidence.ection.ection should always be stated with its respective ground.6"
&ourt2 C1roceed AD A2 C' offer. What is now the ne7t thing for B to do? A. -e cannot present his evidence. the complaint remains dismissed. But supposing in our e7ample at the time B filed the demurrer to evidence. if he (B) does not want any evidence.D Q. Q.ect always state the legal ground. This is the assumption when B files the demurrer to evidence. What then would be the effect of grant? A. Q. &ourt2 What is the ground? B2 CBahala na +ayo .D Q. 't is now the turn of B to present his evidence if he wants to.D &ourt2 What does B say? B2 C' have no ob. The possibilities are. What is the effect of the reversal order of dismissal on the right of B to present his evidence? &an he present his evidence or not? A.ect to I7hibit C&D. (When you ob. Therefore. 2emurrer to evidence. the evidence of A is sufficient prima facie to support his case. but the ground raised is improper. it is the duty of A to discharge the burden of proof and since he failed. 3o. But this order of dismissal may be appealed by A. The complaint of A is dismissed. 't may deny the demurrer to evidence. because an ob. /o. 't is a pronouncement by the court that the evidence of A is not sufficient to prove his case. Q. the following e7hibits2 CAD. What is the concept of demurrer to e)idence? A.D $r C' ob. no power on earth can compel him.ect. the order of dismissal is improper. Cin the event the demurrer to evidence is granted and the order of dismissal is reversed. the order of dismissal is reversed. it is useless for me to present my evidence because under 0ule %%. RENE NOTES:
.ection may be proper but the ground is improper. itEs not my duty anymore to prove my defense. to prove the followingH CBD. he in effect submitted the case for decision solely on the basis of the evidence of the plaintiff (A). Q. he simply says in effect. therefore the complaint must be dismissed. What is the implication of that? A. 8ou cannot reserve the right to present evidence in the event the order of dismissal is reversed on the appeal. &ourt2 CI7hibits CAD. because by electing to file the demurrer to evidence. The implication is. 3o.D he wants to test whether the evidence of A is sufficient or not. The evidence of A consisting of the testimonies of F. C' ob. This is the reason why the ob. What is the implication of the order of the court granting the demurrer? A. But instead of immediately saying.
3ince the promissory note is an actionable document because that is the basis of the action of A. %) if he is not in a position to state whether he admits or denies the allegations. That the complaint of A be dismissed. What is now the prayer of A? A. B has not paid the loan notwithstanding demand on him to do so.%RRER TO E0()ENCE + it is presented after the plaintiff has rested his case + the ground is based on insufficiency of evidence T2O ?(N)S O4 )E.udgment of dismissal is appealable by the plaintiff. he is re.6/
)E. he now admits for his failure to deny under oath the promissory note. -o res . the period for the payment thereof having already become due. the rule re. defendant need not ask for leave of court 2. Q. Q. The complaint alleges in substance that A e7tended a loan to B as evidence by a promissory note signed by B. What is the answer of B? A. Dudgment of acquittal is not appeallable. What is the effect of a general denial? A. Why? Because for a specific denial. #nder the rule on denial. A copy of that promissory note is attached to complaint as Anne7 CAD.ment on t6e #leadin. Before that. What is the effect of failure of B to deny under oath the genuineness and due e7ecution of this document? A. specify so much of the allegation that he admits as true and deny the rest.(N-6 C-SES 1.udicata in dismissal due to demurrer. .s This rule presupposes that the answer of the defendant does not tender any issue. i" court denies demurrer . This +ind of denial is the effect of the specific denial.udgment is reversed by the appellate court. -e is deemed to have admitted the genuineness of the note.%RRER TO E0()ENCE C(0(6 C-SES 1. it will grant the demurrer by rendering . This is a general denial. . This +ind of denial is the effect of the specific denial. That a . i" t!e court "inds t!e plainti""s evidence insu""icient .uires him. 'f the allegation is made up of two or more facts. B. An admission of all the allegations. everything is already admitted.
Rule ". it will decide the case on the basis of the plaintiff3s evidence with the consequence that the defendant already loses his right to present evidence. Q.< Q. 2. the answer against the material allegations in the complaint. If the plaintiff appeals and . /o.udgment be rendered on the basis of only what is alleged in the complaint. Q. part of which he denies. accused can no longer present his evidence and submits the case for decision based on the prosecution3s evidence. Ab) if demurrer was without leave of court.udgment be rendered against B to pay the amount of promissory note.eopardy sets in. Q. leave of court is necessary so that the accused could present his evidence if the demurrer is denied. A may now file a motion that a . Q. part of which he admits.udgment acquitting the accused.uire the defendant to do any of the following2 ) specify the matters he deniesH 2) allege the facts in support of his denial. 'n this case. 3o. Did B complied? A.uired to state that he has no +nowledge sufficient to form a belief as to the truth of the allegation in the complaint. What is his (B) prayer now? A. accused may present his evidence. !he . Example2 A vs. double .OT(ON TO )(S. This is an action for recovery of sum of money. to be specific. B denies all the allegations in the complaint. the rule re. it will grant the demurrer by dismissing the complaint.(SS + presented before a responsive pleading Aanswer) is made by the defendant + it may be based on any of those enumerated in (ule 12 CR(. i" t!e court "inds t!e prosecutions evidence insu""icient. defendant will present his evidence.
. was there a specific denial of the allegations in the complaint? /one.: Dud. there is nothing to be proven by A here. 3o.
. i" court denies t!e demurrer Aa) if demurrer was with leave of court. 's there an issue tendered by the answer of B? A.
B failed to pay the loan. There is one limitation. not every litigant who prevails in the case is entitled to attorneys fees. there are issues2 ) Did he (A) e7tend the loan? 2) Did he (B) sign the promissory note? %) Did he (B) pay if there was a loan? #nder 0ule %4. &an there be a . in the case of unli. B signed a promissory note to evidence the loan. a . =rom the face of the pleadings.uidated damages.udgment of the pleading. legal separation ) .udgment include attorneys fees and damages he must produce evidence? A. which are not li. however. That the demand was made. That . nullity of marriage 2. B (=or 3um of :oney) The allegations in the complaint are substantially as follows2 A e7tended a loan to B. When? After an answer to his claim has been served on him. =or attorneys fees to be awarded. But the truth however is this2 That A indeed gave a loan to B. The reception of evidence is governed by 3ec. A summary . What is the concept of summar% jud. Q. 'n the absence thereof. 'f there was any loan e7tended to me (B). That B did not pay the loan. which is rendered by the court on motion of a party. a plaintiff must present his evidence.uidated are alleged and attorneys fees are also as+ed to be paid. Example2 A vs. either of the plaintiff or the defendant where there is actually no genuine issue between the parties. you have to prove the amount thereof. That B indeed signed the promissory note. Q. 'n a summary .udgment including damages and attorneys fees done in which case if the plaintiff wants a . Q. there is evidence received but it is evidence. but there is no proof of this amount of the unli. Who is entitled to a summary . Anne7 CAD.udgment be rendered ordering B to pay him the amount of loan. because to do so would be to ma+e pre. a trial should be held during which A and B are to prove their respective sides of the issues.uidated damages. Iither the plaintiff or the defendant. What is his (B) defense? A.udice on the right of A. What is the prayer now of A? A. 'n this case. where damages. There is no reception anymore.udgment of the pleadings on damages. RENE NOTES: 2+at cases not applica1le: 1. Q. %9 of 0ule %% (1resentation of Ividence). the court will decide the case.udgment is rendered.udgment is rendered on the basis of evidence which is not receive in the manner that evidence is received under 0ule %4 (Trial) 0emember that we too+ up in 0ule %4. the defendant must assert his evidence.ustification. you cannot render a . /o more. 'n other words. annulment of marriage .udgment on the pleading is rendered.udgment can be rendered? A.ments Q. the plaintiff who has a right to a declaratory relief may file a motion for summary . What is the answer of B? A. Q. Rule "5: Summar% Dud. thereafter. Will the court receive evidence either for A or B before .ment? A. the basis thereof must be stated in the decision.aterial facts of the complaint shall always be proved.udgment? A. We have a rule with respect to attorneys fees that. when a . 'n the absence of that . This is how the .
. the defendant who has a counterclaim. which is not formally offered in evidence. he already paid the loan. The period for payment of the loan has already e7pired and demands notwithstanding. Again.62
Q. no award of attorneys fees can be rendered unless the attorneys fees is considered as li. the decision must always state attorneys fees awarded the basis thereof.udgment is one.udgment. B denies the allegations in the complaint that he obtained money from AH that he signed the promissory note.udgment. with respect to .uidated damages. )n the case of the plaintiff .
(defendant) NreetingsO 8ou are hereby re. Why? Because you cannot hear the motion for summary . The court will e7amine both and if the court find from the documents. Q. that a motion for summary . The court will now hear the motion. Q. the affidavit of A. CTell A that ' will pay him after ' have sold the tobacco leaves ' e7pect to harvest from my land. What do we learn about the re. Q.udgment and the documents attached thereto. What does A now do with these papers? A. so that even without a formal presentation in evidence by A and B. the court finds that e7cept to the
. e7ecution by B of the promissory note.udgment being litigated must be set for hearing strictly in accordance with 0ule 5. -e will file them and serve a copy thereof on B at least ten ( 4) days before the hearing of the motion.udgment. /ote that under 0ule 5 (:otions). this is the remedy available to A< 6et us say A ta+es the deposition of F under 0ule 2%. To B. What is the remedy available to A.uest. the failure of B to pay. a motion should be heard not later than 4 days after it is filed. the motion for summary . or other documents. /aturally he must file it with the court and serve on A a copy later on. The matters related to the law.
) 2) %) 9)
Q. This is what the court will do2 't will e7amine the complaint.66
Q.uest? A. What do you notice now? A. Why? Because between the filing and the hearing. Q. a period of not less than 4 days must first elapsed to allow the defendant to file his opposition if there is any to the motion. the fact that F went to B to demand payment and the answers of B to the demands of F. What will B do with the opposition? A.udgment. 6i+e A. a .D B replied to me. B said.uested to admit the truth of the following statements2 That F went to you to demand in my name that you pay the promissory noteH That you told him that you will pay me after you shall have sold the tobacco leaves you e7pect to harvest from your farmH and That he went bac+ to you on the specified date and you told him that you cannot pay me because you have not planted any tobacco in your field That you do not have any receipt showing that you paid any amount. he may also file an opposition to the motion for summary . A now has in his hands the deposition of F. -ow will the court proceed to hear the motion? A. C' cannot pay A because ' was not able to harvest any tobacco leaf. Q. Why did ' not harvest? Because ' did not plantOD This is the deposition. What shall the court do? A. What shall B do after he have been served? A. A now e7ecuted an affidavit. What is the content of the affidavit? A. What did F say in his deposition? C' was as+ed by A to go to B and collect from him the amount covered in the promissory. deposition. -e will attach them now to a motion in which he prays for a summary .uest any denial under oath of the matters referred to in the re. This 0ule %5 is an e7ception to the 0ule 5. Q. the re. 't means to say. #nder 0ule %5.udgment within 4 days from its filing. What does A do with this motion to which are attached these documents? A. the pleadings and the documents attached to the pleadings and motions and oppositions.D ' went bac+ to B on the date he specified.uest for admission. Q. $n the appointed day of hearing.udgment may now be rendered in favor of A? A. the opposition if any and the documents attached thereto. 'f he (B) so desires. Q. A sent a re#uest for admission to B. he may also support his opposition with his sworn affidavit. the answer. That B did not send A within the time mentioned in the re. which is not earlier than 4 days following the filing thereof< Q.
amount of damages the plaintiff is entitled as a matter of law to a ,udgment because the issues raised are not substantial but they are merely sham, then the court will render a ,udgment in favor of the plaintiff. But if the court e7amined the pleadings, documents attached to the motions and oppositions and finds that they are disputed and therefore cannot render a ,udgment on the call of the motion, then the court will, in addition to e7amining the records shall determine what are the facts that are not substantially disputed, separate them and determine the facts which are not disputed, thereafter the court will conduct a trial on the matters that are disputed and thereafter render the ,udgment. 3ee now why it is summary. Because there is no reception of evidence if the court finds from the pleadings that a ,udgment can properly be rendered in favor of the plaintiff. Q. What now would be the basis of the ,udgment? A. $nly the pleadings and the documents attached to the motion and the documents attached to the opposition if there is any. Q. Did you notice in our e7ample whether these documents attached to the motion or to the opposition were personally offered? A. /o, they were not formally offered. They are merely attached. Q. What do we learn about the Coffer of e7hibitsD? A. /o evidence shall be considered unless the offer is made and the purpose of the offer is specified. -ere there was no purpose, here the purpose was not specified, but they were introduced. That is how summary ,udgment wor+s. 'n our case, it was the plaintiff alone who filed it. Q. When will A file his motion for summary ,udgment? A. After B has served his answer on A. Q. &annot B also file a motion for summary ,udgment? A. 8es, the rule says, Cat any time.D Q. Does that (Cat any timeD) mean that even before B has served his answer on A, he can now file a motion for summary ,udgment? A. 8es. This is the distinction between a motion for summary ,udgment on the part of the plaintiff and the motion for summary ,udgment on the part of the defendant. )n the case of the plaintiff , he cannot file the motion for summary ,udgment until he has been served the answer. And this is for obvious reason, how can A determine whether there are issues generally raised if there is no answer which have been filed. But in the case of the defendant, noO -e does not have to file the answer, because on the basis only of the complaint, a summary ,udgment can be effected. A sub,ect for a summary ,udgment on the part of the plaintiff is not limited to the claim he has against B (defendant). 't may also include a claim arising from a right involving a declaratory relief. 3ummary ,udgment for claimant. A party see$ing to recover upon a claim, counterclaim or cross, claim or to obtain a declaratory relief may any time after the pleading and answer thereto has been served, moved with supporting affidavit, depositions, admissions for summary judgments in his favor upon all or any party thereto. Q. -ow does this rule that a summary ,udgment may be obtained in case of a counterclaim or a crossK claim arise? A. 'n our e7ample for instance, in this action for money, B has a counterclaim against A. Q. &an B file a motion for summary ,udgment on this counterclaim? A. 8es. Q. When? A. After A has served on B his answer to the counterclaim, then B can move a summary ,udgment on the counterclaim. 6et us suppose that B has a crossKclaim against &. Q. &an B file a motion for summary ,udgment on the crossKclaim against &? A. 8es, after & has served on B his answer to the crossKclaim. Q. What will be the procedure? A. The same procedure that may be adopted by A if he files a motion for summary ,udgment against B. The right to file a motion for summary ,udgment belongs both to the plaintiff and the defendant. The only difference being that, in the case of the plaintiff, he can file a motion only after he has been
served with the answer to his claim. 'n the case of the defendant, he can file his motion for summary ,udgment at any time even before he serve his answer. A counterclaimant, a crossKclaimant can li+ewise file a motion for summary ,udgment with respect to the counterclaim, with respect to the crossKclaim at anytime after an answer thereto has been served on him. RENE NOTES: + 0ummary Dudgment is especially applicable to special civil action for declaratory relief. + Croper only in actions 1. to recover a debt 2. for a liquidated sum of money . for declaratory relief S%..-R8 J%)!.ENT + based on the pleadings, depositions, admissions and affidavits + available to both plaintiff and defendant + there is no genuine issue between the parties, i.e. there may be issues but these are irrelevant + 14)day notice required + may be interlocutory or on the merits J%)!.ENT ON T9E P6E-)(N!S + based solely on the pleadings + generally available only on the plaintiff, unless the defendant presents a counterclaim. + there is no issue or there is an admission of the material allegations. + )day notice required + on the merits J%)!E.ENT :8 )E4-%6T <Rule D + based on the complaint and evidence, if presentation is required + available to plaintiff + no issues as no answer is filed by the defending party. + )day notice rule applies + on the merits
Rule "!: Dud.mentsC 9inal :rders and Entr% 26ereof Section /. A judgment or final order determining the merits of the 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 cler$ of court . 3ection of 0ule %@ provides that the court must render a ,udgment. The rule re.uires that the ,udge himself must personally prepare the ,udgment. Q. Does this mean that the rule re.uires the ,udge to be a typist or stenographer? A. /o. Why? The re.uirement that the ,udge must personally prepare the ,udgment simply says that the ,udge must be the one to ascertain the facts that are established by the evidence. The ,udge for instance, cannot commission the cler+ of court to study records of the case, evaluate the evidence and then write the decision. The rule re.uires the court to e7amine the records and evaluate the evidence, come up with the conclusion and thereafter ma+e the decision. The mechanical act of writing a decision can be delegated to a third person. 3o, this is how it is done. The ,udge e7amines the evidence hereafter arrives at a conclusion. Q. 3o what does he (,udge) do? A. -e now calls on his secretary or his stenographer and dictate to the stenographer. The stenographer thus writes the decision. Thereafter the ,udge signs it. Q. 's this a decision that must be personally prepared by the ,udge? A. 8es, because the rule does not re.uire he (,udge) would be the typist or stenographer, otherwise he would not have devoted so many years of his life studying law only to become a typist or a stenographer. The rule further re.uires that the ,udge must ma+e in his decision the complete findings of fact. Q. What is meant by this (complete findings of fact7 H A. A complete finding of fact presupposes that the court has studied the evidence and found out what the facts that have been established in by the evidence. %hat the law re#uires him to do is to ma$e a finding of facts. The rule does not re#uire him to ma$e a conclusion of facts. =or instance, the issue is whether A is the owner of the land in .uestion. The court now assesses the evidence of A consisting of the testimonies of F, 8 and >. Ividence of B consisting of the testimonies of &, D and I. I7hibits of A are I7hibits CAD, CBD and C&D. I7hibits of B are I7hibits C D, C2D and C%D.
This is what the court wrote in the decision< CAfter going over the evidence presented by A and B, the court finds that A is the owner of the land. Wherefore, ,udgment is rendered declaring A the owner of the land and ordering B to surrender its possession to A. The court further orders B to pay A in damages in the amount of 1 ,444,444.4 .D Q. 's that a findings of fact? A. /o. That is a conclusion brought on the evidence. Q. What would have been the findings of fact here? A. The court should have stated in the decision the basis of its findings that A is the owner. Q. 'n this e7ample, is there anything said in the decision, which supports the conclusion of the court? A. ThereEs nothing. 3o that when B for instance, appeals from the ,udgment, what will be the basis of his assigned error when there is nothing in the decision for which an error may have occurred. This is what the court should have done to support its conclusion that A is the owner of the land. =or instance, it will say, Cthe evidence shows that this land originally belonged to F, the father of A. This land is covered by a &ertificate of Title in the name of F. (e7hibit CAD), F paid the ta7es of this land. (I7hibit CBD) A has been in possession of this land until he died !A4. After the death of F, A, his son, too+ possession of the land. 3o, from this, you can infer why A is the owner. Those statements after the findings of fact. Those are supposed to be stated. A judgment should be in writing, dated and signed by the judge . #nless it is in writing and signed by the ,udge and dated, it is not a ,udgment at all. Q. 3upposing the court promulgated a ,udgment in open court, is that a valid ,udgment? A. /o. Why? Because a ,udgment is supposed to be in writing and duly promulgated. As long as the ,udgment, though signed by the ,udge is not promulgated, it is no ,udgment < Q. When is ,udgment deemed promulgated? A. A ,udgment is deemed promulgated on the day the ,udge gives his ,udgment or decision to the cler+ of court. )t )s the filing of the judge with the cler$ of court that constitutes the promulgation thereof . 'n our e7ample, the court render ,udgment in favor of A, already signed, but +ept his ,udgment on his chamber. Q. 's this a ,udgment within the meaning of 0ule %@? A. /o. Why? Because it has not been delivered to the cler+ of court. 3upposing the ,udge delivers this to the cler+ of court, Dec. , !!A. Q. When is the ,udgment deemed to have been promulgated? A. $n this day, Dec. , !!A. 'tEs the delivery of the ,udgment to the cler+ of court that constitutes its promulgation. Q. What are the parts of t6e jud.ment? A. 8ou have the following2 ) opinion of the courtH 2) dispositive portion of the ,udgmentH %) date of ,udgmentH and 9) promulgation Q. What is meant by the opinion of the court? A. The opinion of the court consists of the findings of fact of the court. 'ts findings of facts would be the basis of dispositive portion of the ,udgment. =or instance, A. vs. B. The court rendered a decision. The first part of the ,udgment is the discussion of the court of the evidence. 3upposing, from its discussion the court concludes that A is the owner of the land. Q. What now is the ,udgment of the court here? A. 't is that part of ,udgment or decision which ad,udicates the rights of the parties. 't says here< CW-I0I=$0I, the court hereby renders ,udgment declaring the owner of the land.D This is the ,udgment. This is the ad,udication of the issues of the parties. Q. 's it possible that there be a contradiction between the opinion of the court and the ,udgment of the court? A. 8es, it is possible.
%. 6etEs say. -owever. A is the owner.oint.ualified on the theory that private counsel cannot appear for the state unless the public prosecutor has authoriGed him to do so. this cannot be done. (. the court ruled the motion to dis. the court will hear this third cause of action.ualify the private counsel is denied.udgment against B in favor of A. what becomes of his case in so far as A and & are concerned? A. the court may now hear the case against & and another . /o. the counsel for the accused moved that the private counsel be dis. another . 8ou render a . 3o we call these . the court hereby declares B the owner of the land and dismisses the complaint.71
=or instance.udgment on these two causes of action holding in abeyance the hearing on the third cause of action. The owner of the cow supposedly stolen engaged a private counsel.udgments here several . There are two . he is not the owner.udgment will be limited only to 1254. Whereas the opinion of the court the discussion of the court. 6et us assume that A prosecute his case against B only because in the meantime & although sued and inspite his answer in that in the meantime. Example2 The causes of action of A are . Because there was no prosecutor representing the state. what is the difference between a separate . Q.ments? A.oint. The court may conduct a trial with respect to these first two causes of action holding in abeyance the hearing on the third cause of action. CWherefore. 'n case li+e this. the .udgment only one. 8es.
. so when the court renders its . the discussion and the opinion points to this conclusion that A is the owner of the land. B has several defenses. $ne with respect to A and B and the other with respect to A and &. 3o what do you notice here? A. 2. Q.ment.udgment that may be rendered here will only cover the liability of B to the e7tent of 1254. After the court has heard all these (two causes) causes of action including counterclaims that A had been raised with respect to these two causes of action.udgment may be rendered.udgment with respect to &. it is B. the court will limit its . 3ince the public prosecutor was not in court and there was no authority of the private counsel to represent the state he has brought to present the evidences of the state. 3o the court rendered a . 'ts suspended. The dispositive portion should prevail) Q. What can be done in the trial of this case? A.udgment? A. permissive counterclaim against A.44. The private counsel appeared for a preliminary investigation.urisdiction of the court.444. and in the dispositive portion. the . 6et us say. in the .udgment and a several .444. Q. 3ince the liability is . Q.444. there are two or more defendants and the liability that they have with respect to the obligation is . Then the court will render a .4 corresponding to the liability of &.udgments. (/otice that the opinion varies with the dispositive portion. &an this be done? A. After arguments. &an you have this case? A.oint.oint) a . 3o the court tries the case with respect to B only. the counsel for the private party is re. Q.udgment to the amount of 1254. Thereafter.D 8ou will notice that there is a discrepancy between the opinion of the court and the dispositive portion. 3o the court can tender a . 3o there are three causes of action against B. -ow about separate jud. in our e7ample here. 3o if the obligation of B and & is solidary. This reminds ?udge 6aggui of an incident where the counsel for the accused appeared for preliminary investigation in the case of theft of large cattle. The liability of B and & is .udgments. it will not affect the other 1254.444. Example: A is the creditor of B and &.oint and severable.udgment may be rendered against one or some of them in the meantime.44 which pertains to &. the case against the others may be held in abeyance and thereafter. Q. 3o this case by A against B can proceed to finality. 'n the meantime that this case against B is being heard.udgments. they argued a promissory note in favor of A for 1544. This applies only where the liability of the defendant is .udgment may now be rendered. When & is bac+ in the 1hilippines. WhatEs the concept of se)eral jud. 444.uired to first secure the authority of the fiscal before he can proceed. 'n the case of several . But the dispositive portion says.udgment at here. 'f the liability is solidary.
)n case a separate judgment is rendered. 8ou remember the rule that entities without . What do you consider as the difference between separate .udgment has attained finality Ae1piration of the period to appeal).udgment on the first two causes of action. 3o you have separate . 8 and >. 3o. the names of the individual persons who made that namely F. + A . Sec. no further amendment or correction can be made by the court e1cept for clerical error or mistakes. @ 0ule %@ refers to a case when the . Q. The judgment shall terminate the action with respect to the claim disposed of and the action shall proceed as to the remaining claims. personally and directly prepared by the . The court will also hear separately the permissive counterclaim and thereafter render a . Q.udgment becomes final and e1ecutory. 8 and >.udgments.ect of an appeal? A.udgments. the court. Then the court will render a . Rule "! )n an action against several defendants. for instance. 8 and > are sued as an entity but they do not have a separate .udgment against F. 'n the case of several judgments.udgments and several . Separate Dud. 'n separate judgments. may it be e7ecuted or may be the sub. if F.udgment based on a compromise otherwise known as (udicial compromise has the force of law and is conclusive between parties. the court may.udge 2.udgment on this third cause of action. + !he power to amend the . officially announced. because the court may defer the enforcement thereof to await the result of the hearing of the other cause of action.udgment involves an entity which has not .udgment is inherent to the court before . This 3ec. what is several are the causes of action or claims or counterclaims. This is what is meant by separate .udgment thereof.ust state clearly and distinctly the facts and the law on which it is based .udgments? A. what are several are the number of defendants. the names of the persons ma+ing up that entity without . .Jud/ment 1.72
3o you will see that there is already a .ments (Sec. RE4E 4:2ES: Requisites of .udgment against them will set out the names of the parties ma+ing up this entity.ments (Sec.uired when the . then the . after the . Q. :ar+eting.uridical personality. at any stage. It should contain a dispositive part and it should be signed by the .udge and filed with the clerk of court. when a several judgment is a prosper.uridical personalities may be sued but when the answer is filed. :ar+eting. upon determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim. may render a separate judgment disposing of such claim. It should be in writing.udgment in the first two causes of action has become final. if the entity is sued as F. made known to public or delivered to the clerk of court for filing.uridical personality. the judgment shall set out their individual or proper names. . 'n this case of separate .
. This is now what is re. $nce a . if $nown . -ot appealable. the court may order its enforcement until the rendition of a subse#uent judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered.udgment. coupled with notice to the parties of their counsel. ! Rule "! %hen a judgment is rendered against two or more persons sued as an entity without juridical personality. 3o how many . Se)eral Dud. the . leaving the action to proceed against the others . There are three (%). /ot yet. 8 and > will be set up in the answer.uridical personality must be stated. render judgment against one or more of them. 5 Rule "! %hen more than one claim for relief is presented in an action.udgment is rendered with respect to group of people who will not have separate .udgments now do you have? A. Promul/ation = !he process by which a decision is published. 3o here.uridical personality.
Q.udgment. Q. -e now wants that this . annulment of .udgment. (ule "6 Rule "1: 4e0 2rial or Reconsideration This presupposes that a .udgment against him (B) is set aside and that a new trial be held. motion for new trial or reconsideration 2. Because of =A:I. relief from . he discovered evidence which could either be testimonial or documentary and which evidence he could not have presented during the trial because even if he e7erted efforts to procure it. (ule 7 2. The .udgment at all was rendered. which resulted in the . who filed. 1rocedure< now< Q.uirements so that B must comply with? A. which is pre. not a motion for new trial. the court will resolve the motion whether to grant it or to deny it. then. $f course. What now will happen with this motion filed by B? A.rounds for motion for ne0 trial 2 ) :raud. then the motion will be granted. as if no .udgment has become final. after finality 1. What was the reason why a .udgment has become final. *ista$e or 5"cusable negligence (9A'E). Example2 A vs. B The . with respect to the ground.udgment.udgment was rendered against B. Ividence which the movant could not have presented during the trial and which if presented will probably alter the result of the cast. the motion must be accompanied by the statement of the person with whose testimony the newly discovered evidence is based. Q.udgment already rendered against him is set aside.7
+ Attack of . 3o this =A:I resulted in a . The motion may if it was established that there were =A:I that resulted in the rendition of .udgment may be direct or collateral Direct )ttac* a. before finality 1. he should accompany his motion with a statement of a fact constituting his defense. appeal b. 6et us say. What are the re. 3o there are the only two (2) grounds. for instance. This is a litigated motion and therefore should be set for hearing strictly in accordance with 0ule A.udgment against the movantH 2) 6ewly discovered evidence 84*E7. Accompanying the motion must be his affidavit of merit.udgment was rendered against B? A. After the . the newly discovered evidence is the document or a copy of the document must be attached to it. Why? Any ground already available at the time the motion is filed but not alleged therein is deemed waived. (With respect to the affidavit of merit.udgment against B in this e7ample. Q. 3o. the . Q. Accident.udgment has already been rendered either for the plaintiff against the defendant or for the defendant against the plaintiff. the affidavit of merit shall state the fact constituting his cause of action. the motion now is set for hearing in accordance with 0ule 5. if the motion for new trial of B is granted. he could not procure it. the remedy is no longer a motion for new trial. in case it is the defendant who filed a motion for new trial. then the court will grant. he must have to file a motion for reconsideration stating therein the ground(s). Because after a . 'f it is the plaintiff for instance. 'f the ground is newly discovered evidence. the affidavit of merit consists of facts constituting all the fame. Within what period the motion for new trial or a motion for reconsideration may be filed? A. 26ere are onl% t0o . $n what facts may this affidavit of merit may be filed? A. 'n this e7ample. All the grounds for the motion for new trial must be alleged in the motion .
. This evidence if presented will probably alter the result of the case.) 3o.udgment. At any time before the . 6etEs say. otherwise the court will deny.udgment already rendered is set aside. it may be another remedy already such as petition for relief under 0ule %A but certainly.udicial to his interest. What is the effect of the grant of the motion for new trial? A. the ground is =A:I. 'f the basis is newly discovered evidence and the court finds that the newly discovered evidence. Any of them can file a motion for reconsideration.
All the evidence previously presented by A. 't will not include B. Q. then the new trial will be limited between A and B. This is how the motion for new trial is conducted. What now is the effect of the order granting the motion for new trial on the evidence already received? A. The court may render another .ualifies as newly discovered evidence. 8es. The general rule is. What evidence may the court ta+e into account? A. 8 and >.udgment is contrary to lawH %) when the .
. The . their testimonies will be considered. defendantKmovant B found evidence. Ethe evidence affected by the :A*5 will be set aside. a party can file only one motion for new trial. Q. -ow about these testimonies affected by B? A. 'f there was another witness who testified.7"
Q. what evidence should be ta+en into account? A. 's there such a thing as Epartial new trialD? A. the new trial will be limited to a trial of that only issue. if another witness will testify and say I. the evidence of the party consisted of the testimonies of F. the only evidence consisting of the soKcalled newly discovered evidence is e7hibit C'D for instance and = testimony. The testimonies of 8 and > and e7hibits A. :ay a new trial be held only with respect to one of the issues? A. Q. 3o. this second ground was not yet in e7istence. 8es. 's there an e7ception to this rule. =or instance. B and &. Q. Q. 'n a motion for new trial. the rule says. meaning that more than one motion for new trial may be filed? A. They are2 ) when the . 8es. 'f there are two or more parties in one separate case. Q. 't will not include &. 'n deciding the case. in the e7ample the witness who already testified do not have to be recalled anymore. it will be ta+en into account. they will be ta+en into account. this will be set aside.D 3o if the evidence that is affected by this fraud is that coming from F. only there. A new trial does not have to cover the entire case. 'f the motion for new trial is based on =A:I. 'f the new trial involves only &. 3o. may a partial motion for new trial be granted? A. 3o. What now becomes the evidence? A. 8es. /ewly discovered evidence. all the evidence previously presented by B including e7hibit C'D and testimony of =. the motion for new trial is filed on the basis of =A:I. then his testimony will also be ta+en into account. :ay a partial new trial be conducted only with respect to B and only with respect to &? A. 3o the court will render a . 3upposing the defendants B and &. When the ground of the second motion for new trial was a ground not e7isting at the time the first motion for new trial was filed. Q. /othing is discovered because they are not affected by these newly discovered evidence. While this motion is pending. letEs say. Q. Q. thatEs the basis. because each of these defendants has his own right. B and & will remain. Their testimonies will be considered. the grounds are those we already specified. 'n deciding this case now.udgment after conducting the new trial. &an B now file another motion for new trial based now or newly discovered evidence? A. testimonies of 8 and > and e7hibits A. 'f they are not affected by =A:I. Q. 8es.udgment has awarded damages which are e7cessiveH 2) when the . Q. 8es. 'n this case. 3o the court will conduct a trial. which . This is if the ground is =A:I. Q. 3o. -ow many motions for new trial may be filed? A. B and &. 3upposing there are three (%) issues in the case. 'f there are additional witnesses. 't will disregard the testimony of F.udgment is contrary to the evidence.udgment based on these evidence remaining. the plaintiff being A. because at that time the first motion was filed.udgment on the second and third issues will no longer be disturbed. The . a new trial is conducted with respect to B only. then the case will only be between A and &.rounds for a motion for reconsideration are different. What is the distinction between a motion for new trial and a motion for reconsideration? A. and e7hibits A.
udgment has become final is to e7ecute it under 0ule %!. there are certain things that a court may do with respect to a . And the matter of fact that the .udgment has become final.uity that may result to be. this assumes that the . !!A. Requisites for ne'ly. &ommanded B to pay damages of 1 :. ans is merely intended to delay the proceedings or if there is no affidavit of merit.udgment in favor of A declared A the owner of the land. Rule "> : Relief 9rom Dud. They. it does not point out specifically the findings or conclusions of the . in the case of a motion for reconsideration. This is the . 3o the only thing that can be done after the . when it does not comply with (ule 1/ and (ule 6. A can now e7ecute this . -e has until Dec. it is called forgotten evidence + A motion suspends or tolls the running of the reglamentary period for appeal e1cept when the same is pro)forma.. $rdered B to vacate the lot. the . PRO. -owever. !!A. we said. Beginning Dec. The ine. ". !!A.discovered evidence a) must have been discovered after trial b) could not have been discovered and produced at the trial c) if presented would alter the result of the action $therwise. $f course.udgment. ThatEs why there is no need of trial. !!A. /o matter how the . Q. 'n the case of a motion for trial. one of these days until Dec. the law recogniGes the possibility that B may have lost the case by reason of matters not imputable to him.udgment is erroneous.udgment. 2) Fudgment is contrary to law R all that the court does is to review the law on that matter. %) Fudgment is contrary to the evidence R all that the court does is to review the evidence. that beginning Dec.s -etition for relief from judgment . in the case of a motion for reconsideration. there is no trial anymore.udgment. ". 'f he does not.udgment or final order has already been entered. /o matter how erroneous this . The only thing that the court can do after a .udgment procured under that circumstances will be made. share a common point and that is. ". however.udgment. 3o
. + ?orgotten evidence is not a ground for new trial. Dec. making e1press reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.OT(ON . they can be filed only before the . as of Dec. may clarify the . @.mentsC :rdersC or :t6er #roceedin. 0emember the grounds& ) 5"cessive 2amage R all that the court does is to review the evidence and find out whether the damages are e7cessive or not. !!A within which to do any of the following2 ) :otion for new trialH 2) :otion for reconsideration.udgment has become final is to correct the clerical error or in a proper case. Why is it. but not with respect to the merits thereof. li+e in this case <<<<<. if this . !!A. 3o. the court can no longer alter its . RE4E 4:2ES: + ?raud must be e1trinsic or collateral not intrinsic.udgment that has already become final. 6etEs say.udgment and amend it? A. 6et us say that the .udgment has become final. there is a reception of evidence. there is nothing that can be done but to e7ecute it. @. you receive the . These are the only things it can do.. =or instance. . 3o these two differ. e.udgment in favor of A. all that the court does is to set aside the .g.udgment has already become final. there is no reception of evidence.udgment is.4OR. under 0ule %!. 8ou +now that once a .udgment under 0ule %!. Then the rule recogniGes this.udgment as are contrary to law. A can now e7ecute this . in our e7ample.udgment was rendered against him by reason of =A:I.7/
%ith respect to the reception of evidence .
he did not +now the status of the case. 's this period e7tendible? A.udgment. Q. the defendant after engaging a lawyer never heard anymore from the lawyer.
. A. that petition is
Q. /o. The only time he had learned of the status of the case was when he received a writ of e7ecution against him. Where will he file the case? A. =ile it in the 0T&.udgment.udgment is the court before the petition for relief should be filed. Q.ect to the conditions thereof. under 0ule %A. for e7ample. the petition for relief must be filed with 0T&. But he was prevented from filing the appeal by reason of =A:I. Q. 3o there are t0o t6in.udgment. in !!5. the law gives B the opportunity to be relieved from his .ment. #nder the old rule. /evertheless. Q. he will as+ that he will be relieved from this . What did he find? A.
day following your +nowledge of the .udgment. Because 0ule %A is an act of grace on the part of the state in favor of a party.udgment rendered.udgment was rendered against B.udgment of the proceedings and in no e)ent $e%ond six (! mont6s from entr% of jud. But there can be case where this period may be e7tended. 3o. case. 'n what court and in what case should B file his petition for review. the party who desires to avail of this benefit should do so sub. This is the concept of 1etition for 0elief of ?udgment There is another matter covered by a petition for review and this is a situation where a loosing party was prevented from ta+ing an appeal therefrom. what did he do? A. there was no =A:I which gave rise to the . ThatEs why 0ule %A spea+s of 1etition for 0elief. 3o.72
under 0ule %A. a .udgment be set aside. then this petition for relief must be filed in the :T& in the same
There is an amendment of the old 0ule %A in the present 0ule %A. 'n our e7ample. in our e7ample for instance. #eriod within which a petition of relief must be filed 0it6in !+ da%s from the time the petitioner learned of the . 3o if the case was filed in the :T&. !!A within which to file his notice of appeal. the . a case was filed against B in the :T&. A. Q. 'n what court should a petition for relief be filed? 6etEs assume that this case between A and B was filed in the 0T& Branch &aseL2%95. After trial.udgment rendered by reason of =A:I or a proceeding attended by =A:IH or 2) A deprivation of a party of the right to appeal by reason of =A:I. B now wants to file a petition for relief from the . -e tried to investigate. if you file a petition on the @ already filed out of time. 3o. B lost.s t6at can $e t6e su$ject of petition for relief. @. of :anila with &ivil
and in the same case (&ivil &ase
't shows that a petition for relief is a continuation in effect of the case wherein the . &onse.udgment rendered by an inferior court (:T& for instance) and which a party thereto desires to file a petition for relief. ) A . 3o the case will be now B vs. -e should file his petition for relief in the 0T& of :anila Branch L2%95). Why cannot the period be e7tended? A. The fact that his own lawyer connived with the plaintiffs for his defeat. if B files the petition. That means to say that he as+ed that this .udgment was rendered. 3o. it is not e"tendible.uently. 3o. &ivil &aseL2%95. he is entitled to appeal. Q. he has until Dec. This is not so nowO The court which rendered the . 'n one case.
'n other words. -ow would A +now that a petition was filed against him by B? A. 3o. the court will set the petition for hearing to determine whether said petition is meritorious or is not meritorious. B must present evidence in support of his petition. What follows after that? A. This case will be the second . 'f the court finds that the petition was sufficient in form and in substance.76
A vs B. A will not succeed in having that . Atty. but after the period of filing thereof has e7pired.udgment against him has become final. issued an order commanding A to file his comment.uired to post an in. the court will first e7amine the petition to determine whether it is sufficient in form and substance. Why? 'f A files a comment or opposition as if he does not file the comment or opposition. the court will receive evidence addressed during the hearing so that it may be considered thereafter the court will render a .unction that the court may issue while the petition for relief is pending. it is the court that serves on A a copy of the petition. There is such a thing as an in. 3o it says Cthere is no =A:I that resulted into a . then the court will dismiss it. 't will now issue an order directing A to file a comment on the petition. may present evidence in opposition. =or the purpose however of protesting also the right of A. Q. engaged Atty. 's the court truly bound to give due course to a petition for relief? A. before the court restrains the sheriff from enforcing his . Q.udgment he e7ecuted? A. Accompanied in this order is a copy of the petition of B. the . Q. the court will grant the petition. B is re. 6et us assume in this e7ample that the court gave due course to the petition of B. What now is the effect of the grant of the petition on the . A already filed a motion for e7ecution. (Did you notice in our discussion whether B furnish A a copy of his petition. 6et us see why<< After B for instance has filed his petition for relief.) . ?udgment now will be whatever . the court shall hear the case as if a timely motion for new trial are granted. B now filed a petition for relief long after the . $f course the court will grant A a period of time within which to file his comment. 3o. it agrees to hear it.udgment previously rendered is set aside. What do you notice here? A. What are the possibilities? A.udgment has already become final. /o. 3o.D 2) The court found that there is =A:I which resulted in the . A.udgment. it does not want to hear the petition.D The court will now hear the case anew as if a motion for new trial was granted. the period shall not be less than 5 days from service of the order. -e did not serve the petition to A.unction to restrain the e7ecution of the . in our e7ample. Q. 'n the meantime B filed a petition for relief. meaning. The rule says.udgment. the court may re. thereEs no longer any . 'n the absence of any period. 't may happen that under the second . But if he denies due course. The . What would the court do in this case? A. 'f it is not. Q. Cthereafter. Q. the court after giving due course to the petition of B.udgment against B. thereafter the court will resolve the petition. B may file a motion for issuance of an in. ) The court may deny the petition. Q.udgment. it is not B. 3o. The court allowed the petition for relief to be given course.udgment. /o. Based on these facts. it will give it due course. if he so desire. 'n our e7ample. Whether or not there is a comment or opposition.udgment.uire B to post a bond in favor of A.udgment to spea+ of. 's it mandatory for A to file a comment or opposition on the petition? A. the court will now set the date for the hearing of the petition.unction bond.
. What is the available remedy to B so that pending the termination of this hearing of the petition for relief.udgment may be in favor of B now or may still be in favor of A.udgment already rendered? A. Q. &. -e was a victim of a fraud committed by his very own counsel. & connived with A.udgment and in the case. Q.
udgment was rendered by the 0T& Br. Q. The . Q. if the motion for reconsideration is still available.
. then A can go after the bond. 3o. + A legal right. =or what is this bond responsible? A.udgment is nevertheless in favor of A.ENT + Dudgment is final within 24 days after petitioner learns of the . =ile a petition for relief. /o. a hearing on the merits of the case Rule "?: ExecutionC Satisfaction and Effect of Dud. 3o in our e7ample. the court will now elevate to the appellate court the entire records. the motion for new trial having been granted. 3o. Q. the petition was denied or after hearing the case.udgment be set aside Ab) if yes. 'n our e7ample. 6etEs see the other aspect of a petition for relief. #etition for Relief 't is available only when the other remedies against a . + . The . the petition to be relieved from failure to appeal is granted. :anila and petition for relief prayed that the appeal of B from the . Then when the petition is granted.ments Q.udgment. the . 't is said.udgment to be set aside and within 2 months after such . Q. 3o the procedure to be followed by B would be the same as he would have followed if the petition was to set aside the . What is the concept of 0ule %!? A. the court where the petition was filed and which rendered the . What is the remedy? A. -e wants now that he be allowed to appeal.udgment now be altered on Dec. the . he was prevented from appealing because of the =A:I. 3o. !!A? RE6(E4 4RO. then whatever damages A may have suffered by reason of the issuance of the writ of in. 3o.udgment became final on Dec.unction. 3o. RE4E 4:2ES: NE2 TR(-6$RECONS()ER-T(ON + must be filed within the appeal period. this is the last resort that a loosing party can avail of to set aside an unfavorable . + ?A.udgment by reason of =A:I.& only + (elief from . B failed to file the appeal.ustify the grant of his petition? A.udgment is entered. What is the prayer for that petition for relief? A. B files a petition to be relieve from the fact that he was not able to file the appeal. 'n case damages where suffered by A as a result of the issuance of the in.udgmentGorder on other proceeding.udgment commanded B to do these things2 ) vacate the landHand 2) pay A 1 :. &an this . 3o that if B does not pay him damages awarded to A. may now be answered by the bond B posted. !!A. &an you avail a petition for relief? A.udgment are no longer available. Q. in our e7ample. the 0T& of :anila Br. Then what is the relief that the court would grant? A. . This . Why? Because you can still avail of this other remedies. What could be the reason that would . That he be allowed to appeal.udgment appealed from will elevate the records tot the appellate court.ustification was.ore on equity A>iscretionary) + ?A. J%)!.udgment be allowed. 2. or if a motion for new trial is still available2 Q. it involves also the failure of a party to appeal because he was so prevented by =A:I. Dudgment not yet final.udgment has become final. Example2 The .77
Q. Then the court will order the appeal to be given due course and that therefore.& + Dudgment on final order * T'o 9earin/s Aa) hearing to determine the . will give due course to the appeal of B.unction and after hearing the petition.
udgment. 't is always within the control of the court as oppose to a final order. there is still something to be done with respect to the merits of the case. That is carried out in accordance with 0ule %!.udgment is provided for in 0ule %!. From the point of view of appealability'.udgment was received by A on Dec. it cannot be e7ecuted. But they have not done this up to this day. Cin a .udgment or order can be e7ecuted? A. This is not a final order from the point of view of appealability. Why? Because effective Dec.udgment is considered final. =or instance. to e7ecute it. preKtrial and then . B. What ma+es an order final from the point of view of appeallability? A. @. Why? Because after the order has been issued.
. after its . This is the meaning of a final order or . What is meant by final . ".ect of e7ecution. .udgment is. )n the case of interlocutory order . 6et us say.uired to vacate the land and pay 1 : to A. Then we say that this . The rule said. 6et us ta+e the case of order of dismissal granting the motion to dismiss. This is the general rule. 3uppose the motion to dismiss was granted and therefore the complaint is dismissed. A vs. =rom the point of view of appealability and from the point of view of enforceability<< what is a final order? A. !!A. 2. /o. -ow will this command of the court be carried out? A.udgment. it can no longer be set aside.udgment. Thereafter.D We mean to say that B should now be re. =inal with respect to the appealability of the . :eaning to implement it. The sheriff cannot e7ecute this e7cept in the manner 0ule %! provides. a final order or a final . What ma+es an order interlocutory. A in our e7ample. the order finally disposes the matters involved in the case. !!A within which to file a notice of appeal. the order denying the motion to dismiss is an interlocutory order. 3o. 8ou cannot appeal from an interlocutory order because by its very nature. 8es. There is something else to be done after its issuance. the sheriff must follow strictly 0ule %!. Ivery step that finally leads to the accomplishment or the e7ecution of its . What +inds of . can already enforce this. 'n our e7ample. considered in the sense with respect to the appealability of the .udgment or order. A.78
A. The sheriff is the officer entrusted by the rules to e7ecute this.udgment. 't does not put an end to a case. !!A and by B by Dec. From the point of view of enforceability . This is the essence of an interlocutory order. 6et us see<. Q. the order does not put an end to a case. The motion to dismiss was denied. 's this order granting the petition appealable? A. if an order has not yet become final. !!A and B has only until Dec. B will file the answer. Why? Bec. Call that is to be done is to implement that .udgment? By final order? A.D Q. Why? An interlocutory order is not appealable. Conly a final . A has only until Dec. 's this order of denial a final order from the point of view of appealability A.udgment. Q. /o matter how erroneous this .udgment or order can be the sub.udgment is final from the point of view of enforceability. Q.ect to 0ule %A. /o more. it can be set aside at any time. the prevailing party. What are the matters to be ta+en up under 0ule %!? Q. This is how it is distinguished< Q. Q. there is still something to be done with respect to the merits of the case. that cannot be altered anymore. 3o in our e7ample therefore. 'n carrying out the . if a .udgment or order. =orm the point of view of appealability Q. !!A. a motion for reconsideration or a motion for new trial.udgment from the point of view of enforceability. $f course this is sub. This is the concept of 0ule %! (I7ecution). When we say. B filed a motion to dismiss.D This means to say that. ?ustice 0egalado points out in his boo+ the concepts in which a final order or .udgment is one which can already be enforced because the period for an appeal therefrom is already without an appeal having been ta+en. All that is to be done now is to e7ecute it.
6et us suppose that Dec. -e has five (5 %ears from finality of . Example2 Within this fiveKyear period from Dec. This being a personal action. 8our allegation would be this< That you received a . That is why it can now be a sub. Why not >ambales? A. Example: A vs. 3ulu or Batanes. What do you notice? A. 3o. by action.udgment. 244% within which to file the action. Q. . Q. Q. Q. 2.uivalent to entry of .udgment after Dec. Q. . 244% or Dec.
. 244%.udgment in your favor in &ivil &ase L 2%95. !!A to Dec. What do you associate revival? Q. the venue could be the residence of the plaintiff or the residence of the defendant at the option of the plaintiff.udgment which is e. Q. it became final Dec. 8ou can enforce it if you can procure a . 2. A can file this action. . Q. .udgment has already become final in the 0T&. Q.. A now file an action against B for revival of . !!A. there was no appeal from this . We said that the complaint is dismissed. this is the difference between a final order from the point of view of appeallability and from the point of view of enforceability. This . . . What is now your prayer? A. Dec. $ur assumption is. this . Q. . . What does this mean? A. A wants a writ of e7ecution to be issued. Q. 244% is the last day of the filing period.udgment within which to do so. 244% within which to e7ecute this .udgment rendered in &ivil &ase L2%95 can no longer be enforced by mere motion.udgment can no longer be enforced by motion. Where will the action be filed? A. A is a resident 3ulu. . 'f you were A here. This .ect of the appeal. A separate action. /o. -e has a period ending five (5) years from Dec. 's there a remedy by which A can still enforce this . B is a resident of Batanes. can this . That the . Within what period can A file his action? A. Do you revive a dead man? A. 8es. 's there anything else to be done in the case after the complaint is already dismissed? A. it will be governed by Rule . 6et us assume that the land is located in >ambales. !!A. all that A does to secure this writ of e7ecution is to file a motion on the same case &ivil &ase L2%95 0T& :anila Br. /o more. 3o.udgment in this 0T& of 3ulu or Batanes. 2.udgment now against B be enforced by motion? A. B.udgment by mere motion. Within what period can A file a motion for the issuance of a writ of e7ecution? A. he (A) has up to Dec. Dec. /o more. 3o this . 244%.udgment was not e7ecuted by motion within five (5) years from its finality of . 244%. 3tarting Dec.udgment in the 0T& of 3ulu or Batanes at the option of A. 8ou now pray that the . 244%.udgment. what would you allege in your complaint? A.udgment rendered in that case be revived. 3o.udgment was not e7ecuted by motion within his five (5) years. Because an action to revive a judgment is a personal action. 244%? A. Q.84
Q. )t is not a real action. What is the effect? A. . Q. 't can now be enforced by action. A will file this motion for e7ecution in the same court. The . 3o.udgment because final on Dec. %hat we are tal$ing about in Rule A is a final order from the point of view of enforceability . There is nothing else to be done on the merits of the case.
. 8ou now can file the action within five years again.udgment in &A affirming the . the five year period ended Dec.udgment should be filed within the . 3o you can revive the revived . What do you do with it? A. an action to revive? A. &ivil &ase L2%95. 0evive so it can be enforced. A has a period of five years from the e7piration of the original 5 years within which to file the action for revival.udgment of revival? A.udgment affirming the 0T& . the action to revive the . Q. he will now get a copy of entry of . Q. 244%. Q. in what court may you now file the motion for e7ecution? A. 8ou can file in the 0T&. which can be enforced or e7ecuted only after it has become final and that it can be e7ecuted in the court where the . there are periods fi7ed.udgment already became final Dec. !!A.udgment. B 0T& of :anila.udgment duly certified by the &A. -e who is unconscious. in what case then will you now file the motion in the 0T&? A. By motion also within 5 years from entry of . Q. Q. . the .D Q. 8es. This case is still with the &A but the . But the records of the case are not yet in the 0T&.udgment if it was not e7ecuted within the 5Kyear period. in our e7ample. 6etEs ta+e the second possibility<< A vs. Q.udgment of 0T& e7ecuted.udgment of &A be e7ecuted.udgment became final Dec.udgment was rendered. Q. 6et us assume that the . Who then is revived? A. 'f you were A. We are tal+ing of a . &an you now e7ecute the .udgment in that revived action within the 5Kyear period from its entry. Dec . Q. 244%.udgment in &ivil &ase L2%95 has become final or when it was entered. !!A.udgment in a sense fell into a coma.udgment. What will A do with these two? . &an you now e7ecute it? A. But the records
. Within what period? A. 8ou did not e7ecute the .udgment of the &A became final Dec. Eit must be filed before the action is barred. .udgment in the revival action. The rule says. Where do you find the rule to apply whether the action is barred or not? A. &A rendered a . By motion again. you have 4 years from Dec. -ow? A. 'n effect therefore. Where will you file the motion for e7ecution? A. 8ou resurrect him if you can. =or the purpose of filing the action for revival. . B appealed to &A. Q.udgment for revival is granted. The remedy<< A will secure a certified copy of the &A . 'n this e7ample. . Q.81
Q. Within what period should an action to revive be filed? A. 8ou now want that . !!A. Q. &ivil code provisions state the periods during which actions may be filed. are still there. !!A. Why do we call this action to enforce the . 'n certain actions.udgment was not enforced that . What do you do? A. 8es. Because after the 5Kyear period during which the . 3o. 4 years from the day
$ur assumption here is. Q.udgment rendered in the civil case. -ere are the possibilities<. 8ou are A who would want the .
Q. Q.udgment.udgment of &A although the records are still there? A.udgment is not yet final insofar as A is concerned because this will become final only as to him on Dec. Q.udgment insofar as A is concerned after Dec.udgment insofar as A is concerned? A. Why? Because this is a litigated motion. 2A. 8es. 2on0t be misled by this comment on this as you may find in his boo$ you can opine otherwise and be sustained by the 1C. 8es. !!" within which to do any of the following2 ) :otion for reconsiderationH 2) :otion for new trialH or %) /otice of appeal. That is only the view of *r. Q. what is issued by the &A is the resolution directing the trial court to issue the writ. -e will now attach them to the motion for e7ecution.udgments. That means to say that B must be notified. :ay a .udgment already final insofar as A is concerned? /ot yet. B . 3o far we have been tal+ing of e7ecution of . A file a motion for e7ecution. Q. @. but it can no longer change the . 8es.udgment $f course the motion for e"ecution filed in the RTC should be heard in accordance with Rule !9 . ? A. no longer with the &A? A.udgment favorable to him on Dec.) :ay the &A nevertheless issue an order directing the 0T& to issue the writ considering the records are already in the 0T&. 3upposing these records are already turned over to the 0T& and thatEs already final. certified copy of2 ) &A . Q. :ay not A file in the &A the motion for e7ecution while the records are still with the &A? A. $n Dec. the 0T& in our e7ample. Q. if A files a motion for reconsideration on this . B filed a notice of appeal. Q. Q. !!". B has Dec. you distinguish between the order directing the issuance of a writ of e7ecution and the writ of e7ecution itself.
.udgment letEs say on Dec. /ow. %.udgment insofar as B is concerned.82
A.udgmentH and 2) Intry of . What is the effect of this notice of appeal filed by B in so far as he is concerned? A. 't cannot modify anymore the . 8es. 5. Q. !!". &an the 0T& now enforce this . =ile in the 0T& a motion for e7ecution. the court can no longer touch the . 5 or four (9) days after the appeal of B has been filed. 8es. 't will merely issue an order directing the trial court.udgment or order. ?ustice 0egalado. A can file with the &A the motion for e7ecution. This is what happens< $n Dec. which has not yet become final be the sub. . Example: A vs. 8es.udgment insofar as B is concerned. the 0T& can now act on the motion. but then this is the e7ception. 6oo+< 's this . the appeal here of B does not affect the rights of A up to Dec. !!". &an the court still reconsider this . @? A. he can still file. 3o A has until Dec. /o. A receive the . 'n this e7ample. 'n other words. because A has until Dec. Attached to that motion. This motion for e7ecution is now accompanied by these two certified copies so that although the records are still in the &A. Regalado. to issue the writ of e7ecution. But can the court still modify this . @.udgment on /ov. a recogniGed writer in 0emedial 6aw opines that the &A may still issue the order directing the 0T& to issue the writ although the records are already with the 0T&. &an A still file his motion for e7ecution considering that the . VThis is not a decided case. @ within which to do any of the aboveKstated. What 0T& issues is the writ itself.ect of e7ecution? A. !!". Will the &A issue the writ? A. :ay A file still with the &A a motion for e7ecution? (The records are already in the 0T&. !!"H B received the . What will it (&A) issue? A. 3o. 'nsofar as B is concerned. .
Q. there will be nothing left already on the assets of B which can be levied upon to satisfy the . &an the court rule on this motion of A for e7ecution is filed. which is not yet final. A. The rule says simply that the court may issue e7ecution for a special reason to be stated in a special order.udgment nevertheless be e7ecuted? A. may it now be a special reason that because of the nature of the goods. &A.uires that the order must state the special reason why the writ of e7ecution was issued.ustification for the court to issue an e7ecution against B while the case is pending appeal? A. /o more. this is an appeal to the . 3o.udgment in his favor. What is a special reason? A. 3o the case is pending now in the
Q. Q. 3upposing the records however. they may have already been spoiled. &an this . the court has not yet lost .8
'nsofar as B is concerned.udgment become final. and the .) /ow if the court issues a writ of e7ecution pending appeal. A writ is a command of the court addressed to a proper officer normally the sheriff commanding him to e7ecute the . Q.udgment.udgment is proper to avoid these goods being lost? A. /o.udgment become final to e7ecute it. Whether the reason is good or not. When a case is pending in the appellate court. he started disposing his properties.
. 3upposing the . the case has been appealed by B to the &A.udgment is affirmed on appeal. While the case was pending. the period for appeal has not yet e7pired. B is already on the verge of ban+ruptcy. 3hould A file a motion for e7ecution based on this ground? A. the plaintiff is already assured of payment. the prevailing party may also file therein a motion for e7ecution. :eaning<. letEs say meat for instance.udgment may be considered a specified reason.udgment become final. Q. there will be a violation by the trial court of this 0ule %!. 24. What is a writ? A. What is the lifetime of a writ of e7ecution? A. in our e7ample. The imminent ban+ruptcy of B and the fact that he was disposing his properties with evident intention of depriving A of the benefits of the .ustifies the issuance of the writ of e7ecution pending appeal? A.urisdiction of the case insofar as A is concerned. were elevated to the &A on Dec. Q. also as to him. Q. 'tEs up to the court.udgment. What would be the . 5 years Q. 8es.uantity of perishable goods. Q. Do you find any enumeration in the rules particularly 0ule %! on what constitutes special reason which . a motion can be filed by A in &A. the law re. Why? Because if you wait until the . Q. Will this be a good reason? A. Ividently. 's it only in the trial court that the motion for e7ecution pending appeal may be filed? A.udgment pending resolution of the case by &A? A. Q. 8es. By that time. The court then will determine whether there is or there is no special reason for the issuance of a writ pending the appeal. !!". Why? The records are no longer with the court. Q.udgment. to place them beyond the reach of the plaintiff A who obtained a . 'f it thin+s that it is a good reason to e7ecute the . /one. &an the court now rule on this motion for e7ecution on Dec. Q. The rule does not say so. ('t is the court that determines on a caseKtoKcase basis. special or otherwise. A . 'n the absence of the statement in the order of what constitutes a special reason. 2 ? A. it is the court that determines. the e7ecution of a . what will happen to these perishable goods if you still wait until the .udgment ordered the defendant to deliver A a . &an A file in the &A a motion for e7ecution of the . 3o.udgment is rendered against the defendant B to pay a sum of money. 3o this is a matter that is left to the discretion of the court to determine.
udgment is not any of this . #nder the old Rule A . Q. a . What is the modification now? A. #nder the new rule.udgment. the . To pay A so much money< Q.udgments calling for specific acts.uoted). /o. the writ must recite the dispositive portion of the decision and thereafter command the sheriff to implement it. This is the final .udgment involving special one. there may be a . Who carries this (writ) into effect? A The cler+ of court. A . (There is another directive there<) of the properties of B you are commanded to ma+e up the sum of so much to pay the amount ad.udgment ordered B to deliver the land to A. 'n our e7ample. 3o. We have a . Where lies the difference? A. Q.udged in the decision. The cler+ of court will issue in the name of the court the soKcalled Cwrit of e7ecution. These are not the only acts involve in a . The sheriff can enforce that within this fiveKyear period for as long as the .udgment.udgment commanding specific acts to be done may involve any of the following2 ) payment of money 2) delivery of property %) e7ecution of deed conveyance These are among the . any service of the writ after the @4 th day would be already be an invalid service. a writ has only a lifetime of @4 days counted from the day the sheriff received it. under the old rule. all the writs have not been implemented. !!A.udgment may be e7ecuted by mere motion.ect of e7ecution. 3o.udgment. Therefore.udgment has become final on this date (put the date) hence the court in its order dated so directed that a writ be issued.uired to be issued. And we could have a . &onse.udgment is not e7ecuted within that @4Kday period.udgment is . The lifetime corresponds to the period within which a . 't means to say further that during this fiveKyear period. To the sheriff. it automatically lost its force beginning the @ st day. This means to say that if the . The rule says. 's it addressed to B? A. 2. the court issued an order directing that a writ be issued for the e7ecution.uently. Q.D 3o. To whom is this writ directed? A. there could be as many writs of e7ecution issued within the fiveKyear period for as long as the writ was not implemented within the @4Kday period. that writ can no longer be enforced after the @4th day.D Q. Q. What is a lifetime of a writ of e7ecution? A.udgment is not satisfied within the 5Kyear period.udgment e7ecuted must again file a motion for the issuance of another writ of e7ecution. Why? Because you now have to file an action to revive the . 'f the writ was not e7ecuted within the @4Kday period. Wherefore.udgment commanding the loosing party to turn over the prevailing party the piece of landH there may be a . another writ can be issued such that by the end of the 5th year.udgment commanding a party to e7ecute a deed of conveyance.udgment for instance which calls for a . 't is addressed to the court personnel.udgment was rendered by this court the dispositive portion which read. no other writ of e7ecution is re. What does this writ command the sheriff do? A.udgment for specific acts. What then was the result under the old 0ule %!? A. What will the writ say? A.udgment secured by A against B provided that B should tear down a concrete fence with B erected on a lot belonging to A. this +ind of . you are commanded to e7ecute the foregoing . (6et us . the party who prevailed and who wants the . Q.udgment that ?udge 6aggui would li+e to discuss to us< Example:
. Q. we now have a longer lifetime of a writ of e7ecution. the cler+ of court issues this writ.udgments that may be the sub. Q. 3o.ust ta+e them for illustrative purposes). There are several +inds of .8"
Example: $n motion of A. ( the dispositive portion of the . What will the cler+ of court do? A.udgment called special . there can be no more writ to be issued thereafter. Q. CWhereas on ?an. Whereas this .
-ow does this differ from a . Q. It cannot vary the terms of the . Q. defendant here. 3o that when A. !eneral Rule* 9ourt cannot refuse e1ecution %N6ESS: <%CN() 1. this deed signed by & (not by B). 1rovince of 0iGal is so ordered to cancel the title and issue another in the name of A. B refused to comply with this order. RE4E 4:2ES2 +A %rit of &1ecution to be valid. Issued against the wrong party ". commanding him to e7ecute a deed of transfer in favor of A.ust as good as if it were B. The court will simply say. &1ecution is 5-D50! or I. %) The 0egistry of Deeds. the the What is the effect of this deed e7ecuted not by B but by &? The rule says. B must do it himself.0I!5A!I$.8/
3upposing in this e7ample. involving special . A. A. prevailing party. Will you release him? A.udgment involving specific acts.udgment the dispositive portion of which commanded the following2 ) A is the declared owner of the lot in .udgment.D Bahala +a sa sarili moO Tear it down.ail.
ThereEs another remedy. When will you release him? A.oined /.udgment. 2) B is ordered to e7ecute a deed of transfer of this lot in favor of A.udgment. the court rendered . Cthe 0egistrar of Deeds. Q. Dudgment -$'A!&> by parties ". 0egistrar of Deeds will register that and cancel the title of B. 'n the enforcement of this writ of e7ecution. When he has obeyed tearing down. A vs. B. the writ of e7ecution addressed to the sheriff is accompanied with a certified copy of the . But he might say.ail. 'n our e7ample. &1ecution is en. the deed e7ecuted by this third person & is . 1rovince of 0iGal is ordered to cancel the title /o. The remedy is this< The court will commission a third person to e7ecute the deed in favor of A.udgment be carried out? 6et us suppose in our e7ample. Who will e7ecute the .C$00I@:& 2. 't is the party. C' will not. &quitable grounds like a 9#A-=& I. )n the case of a special judgment < Q. must conform strictly to the decision or . -ow will this . B says. C' cannot do it. Q. he will rot in . That in the case of judgment involving specific acts . Q. Why? Because he must obey the .udgment? 's it the sheriff? A.udgment which gives it life. /o. >efective in substance . What is the remedy under this rule? A. What is the remedy? A Declare him in contempt of court. /o. the writ of e7ecution issued to the sheriff is not accompanied by a copy of . 1rovince of 0iGal. :eaniing since he was commanded to tear down that concrete fence.udgment it seeks to enforce. presents to the 0egistrar of Deeds. Dudgment already satisfied
. Q.udgment. Dudgment has become >$(. Improvidently issued 2.A-! +Euas+al of 'rit proper '+en: 1. if B does not e7ecute the deed. -e himself must do it. But in the case of a special judgment. The difference lies in this fact. &an he (B) order the sheriff to do it? A. 2%95 0egistry of Deeds 1rovince of 0iGal. What can the court do? A.uestion covered by T&T /o. /o. 'f he does not tear it down. 2%95 in the name of B and issue another in the name of A.D Q. arrest himO 3end him to . 3o he does not want to tear it down. Q. Q.
udgment is with respect to the specific property. or status of a particular person or his relationship to another. litigating for the same thing and under the same title and in the same capacity. and that is when it comes to the probate of a will or the administration of the estate. issued without authority *Remedies of t+e 6osin/ Party 1. one filed by a petitioner and approved by the court before the . legal and personal condition or status of a personH and cases involving the relation of a person to another. ' am the owner.udgment is conclusive on the probate of the willH (%) the .udgment + A revived . that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged. !here is a notice of said motion to the adverse party. 8ou will note that 3ec.udgment that may be rendered in these cases? A. not other things like damage to property pending the appeal. + !he court may. The first section covers2 cases involving title to specific propertyH cases involving probate of a willH cases involving the administration of the estate of the decedentH cases involving the political. !here are good reasons stated in a special order after due hearing. %hen the terms of the . political or legal condition of a personH and (5) the . The . may be as follows& a7 )n case of a judgment or final order against a specified thing. having jurisdiction to pronounce the judgment or final order. Rule "? Sec. however. the probate of a will granting a letter of administration shall only be prima facie evidence of the death of the testator or intestate. %hen the order of e1ecution varies with the tenor of the . C/o.
) 2) %) 9) 5)
Q. and .udgment was rendered confirming the title of A. & said. This title now is in the name of A. There is only one e7ception to this rule that . & now files a case against A for recovery of this lot. 't can be proven that he is alive. is dead. conclusive on the title to the propertyH (2) the . c) )n any other litigation between the same parties or their successors in interest. 9" of 0ule %! groups into three (%) the actions covered by the section. 2. in its discretion. . $nly B opposed. A said.udgment is conclusive to the administration of the estateH (9) the . the judgment or final order is conclusive upon the title to the thing. CWho is the owner?D
/.D Q.udgment S%PERSE)E-S :ON) . C' am the ownerD. or against the administration of the estate of a deceased person. with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto. or which was actually and necessarily included therein or necessary thereto . a corresponding certificate of title $&T L 2%9. What is the issue? A. or to the condition. What does the rule say with respect to the . + 0upersedeas bond guarantees satisfaction of the . b7 )n other cases. EFCEPT(ONS: 1.udgment in case of affirmance on appeal. the judgment or final order is.udgment here is merely prima facie evidence that the testator or the person whose estate is under administration. >irect or 9ollateral Attack against .udgment is not conclusive. the will of the administration. The rule says ( ) the .udgment becomes final and e1ecutory and conditioned upon the performance of the . The . order an e1ecution before the e1piration of the time within which to appeal provided. The 60A issued the decree of registration pursuant thereto.udgment is conclusive on the personal. 'n !!A.udgment are not very clear.udgment is a new . 6et us assume that this . 1. status or relationship of the person. conclusive between the parties and their successors in interest of title subse#uent to the commencement of the action or special proceeding.udgment became final on !"A.ment rendered $% a #6ilippine (ourt The effect of a judgment or final order rendered by a court of the -hilippines.udgment thus another /G14)year period to e1ecute and revive is given the party.udgment became final. !ENER-6 R%6E: an order of e1ecution is not appealable otherwise there would be no end to the litigation between the parties.udgment appealed from in case it be affirmed wholly or in part.Cetition for relief A(ule 7) or 2.1: Effects of Dud.udgment is conclusive on the relation of a person to another. . !here is a motion for e1ecution filed by the winning party 2. After the trial. or in respect to the probate of a will. Example: A filed an application for registration of title to a lot.
$f course. Cthe will must be signed by the testator at the end thereof and on every page on the left sideH each page if the will consists of more than one page be numbered and that the will must be attested by three attesting witnessesH they must be ac+nowledged by the testator and the attesting witnesses before a notary public. A now was sued involving this will now. 3upposing that he can show that the ownership of the land later on pass from A to him.D &ourt2 CWhat does B says?D &2 C ' ob. This is the meaning. C' signed itOOOD Whether he did actually or not. Then all claims over this land that were not presented were deemed e7tinguished when the . the certificate of title issued in that case. 3o the issue is2 's A the son or not of B?
. no longer mattersOOO This is the meaning. Why? Because under 3ec.udgment in the probate proceeding is conclusive that this will was validly e7ecuted. This is what is meant by conclusiveness of the . C' have all these properties described as follows to my L2 for services rendered<D Q. I7hibits CAD. can it later be proven that T is still alive? A.D $n his own right deriving his title from A.udgment becomes final on Dec.) What is decided in the probate of the will is merely the . Therefore. This what is meant by conclusiveness of title. -ere now is A who filed a petition for the probate of the will. in the will. -e did not. status or relation. But. 9" (a) 0ule %!. presented in evidence the .ect on the ground that ' was not a party to the case. Will the court decide that in the probate? A.D I7hibits CAD. C the judgment in that registration case is pertaining to as it does to a specific property is conclusive on the title. /ever mindO) #nder 3ec. Because the . CBD and C&D respectively.udgment of the court in that 0egistration case. Cthe will was signed by T. I. that the will was signed by F? /ever mind. he should have filed his claim during the registration proceeding. CBD and C&D are admitted. and the decision. 'f & has any claim over this lot. Why? Because the ownership was already decided with finality in that case. This means therefore that the testator signed the will. /oO -e may recover. that title of A cannot be challenge anymore in any proceeding. This is not decided. that is not decided.udgment in a case involving title to specific property. there is a .ection overruled. but in another cause of action. then he can recover. 8ou +now that under the /ew &ivil &ode. 9" 0ule %!. C' am the owner. After his will was admitted on probate. The . 8es. Q. the truth is. legal or political condition.udgment was rendered. Q.' 3o. the will was admitted for probate. &an the . C' offer your honor I7hibits CAD.uired by law. 3o. B now says that this will was a forgery because the signature was affi7ed by F without the +nowledge of T. because that was into the intrinsic validity. Example: A sues B for compulsory recognition as a natural son of B. as to whether the dispositions in the will are valid or not. A says. this being a proceeding in res.udgment.D &ourt2 C$b.D These are among the many formalities that the testator must have to follow. -e should have intervened.. CBD and C&D to prove that ' am the registered owner. as contended by B. The law says. the . the testator said. the admission of the will in probate is merely prima facie evidence that T died.ualification here. The court admitted the will in probate. /o. so that the will he e7ecutes shall be valid. #ro$ate of 5ill The rule says. this does not mean to say that & may not be able to recover this lot. the law says. and i. 8es. ' am not bound by the . Example2 -ere is the will of ?. Q What is meant by this? A. /o more. there are certain formalities that must be followed by the testator so that the will will not be valid. -owever. a judgment in a probate case is conclusive as to the probate . -ere. Why? Because the presumption is that T is dead is rebutted by his appearance. That means to say that & cannot be declared the owner of that land. (DonEt forget that what is decided in a probate case is not the merits or validity of the dispositions in the will. or his relation to another is conclusive as to such personal condition. 's the ruling of the court correct? A.86
During the trial. Q. But if he simply says. legal or personal condition of a person.uestion of forgery of this will be raised later on? A. This means to say therefore that his will was signed by the testator.uestion of whether or not the will was e7ecuted in accordance with the formalities re.udgment binds not only A and B but the whole world including & who was not a party.D (even if it was actually signed by F. A now the defendant. The parties thereto being only A and B. This means to say that the will was validly e7ecuted as to the form. 3o. !!!. A judgment involving the political. 3o for instance. But supposingly. . B denied the claim of A that he is his son.
Why are the parties the same when A and B are dead and the parties litigating are . What did you notice here? A. C' am the owner. The . This is what is meant by the conclusiveness by the . Q. Because their heirs merely stepped into the shoes of A or B respectively. This is the evil sought to be avoided by this rule. 8ou cannot litigate again for the same issue. &an this be decided in this case? A. B presents his evidence to prove his ownership. heirs of A. Sec. What do we learn from this? A.ect matter is the same R the land. the . What is the issue? A says.ust their respective heirs? A.D 8ears later. Q. the heirs of B. &an you s+in the same animal twice? 8ou can s+in it only once. the court said. &an the relationship of A as a natural son be litigated anew? A. /o more. B or heirs of B vs. This . What is meant by this? A. they may now introduce evidence that A is the son of & and the court believes that & is the father of A. Two. A vs. 0eindivicacion R Why? BEs heirs wants to recover. A alleged that he is the natural son of B. A sued the heirs of B.D B says. 4. what do you do? 8ou s+in the carabao or the cow. 3o.uestion cannot be litigated again. The sub. 3ince B has an estate. B for reindivicacion. Example: 'f you +ill a cow or a carabao and you want to eat the flesh. B died succeeded by his several children.D The . conclusive and cannot be altered.udgment became final on Dec. file a case against A or if A is not alive. now. tomorrow he will be the son of &. 'ssue2 same R ownership. B now or if he (B) is dead. involving the same causes of action.87
After trial. that issue cannot be litigated again.ect matter.D 3o. AEs heirs wants to recover. C' am the owner. Q. 'n both cases. There is logic here< 3upposing the heirs of B if allowed to prove that A is not the son of B.D 'ssue2 Who are the owners? Q. 'n !!5.
Example: A vs. -ow many fathers now does A have? A. But the heirs of B alleged that A is not a son of B.1 ($ Rule "? )n other cases. 8ou can litigate an issue only once. /o more. Res judicata is a ground for motion to dismiss.udgment rendered in the first case on the issue of ownership is binding on all the parties in the second case. BEs heirs said CWe are the owners. Q. The cause of action is the same. AEs heirs.udgment toward this issues which has been raised and decided is already conclusive and can never be changed anymore insofar as the same parties or their successors in interests are involved. 9" (a) 0ule %! is binding.udgment in any of these cases mentioned. Why? Because that . That which have been decided in another case involving the same sub. the parties are the same. res judicata.udgment in a case involving the relation of a person. !!9. A is the son of B. that which has been adjudged in a case or any matter that could have been raised in relation to that matter that has been adjudged is conclusive between or among the parties and their successors in interest by title subse#uent to the commencement of the action or proceeding litigating for the same thing under the same capacity under the same title and in the same capacity. ?udgment2 CA is the owner. the issue is2 CWho is the owner?D Trial< A presents evidence to prove his ownership. 8ou cannot place the status of a person in a state of uncertainty because if he (A) is now the son of B. This is the soKcalled rule in)ol)in. The . Q. What is the nature of the action? A. 't simply means that where an issue has already been decided in one case. And if a litigation is brought involving the same issue.
. in 3ec. CDB is the father of A. where will this end? 3o there can be as many fathers as can be proven< This is not allowed.D AEs heirs said. . CWe are the owners. Q. itEs either heirs of B against A or -eirs of B against heirs of A. Q.udgment rendered in the first case may now be pleaded in the second case.
you have here. Why 3? Because 3 is the wife of B. Why? Because the parties in the first case and the parties in the second case are not the same. With her addition
. they argued that in the first case. as plaintiff and B. B and 3 are now the main plaintiffs. 'n the second case. What is the nature of the action in the first case? A. What is the sub.udicata does not apply. Another ruleE The fact that the parties in the subse#uent case may not be e"actly be the same as the parties in the prior case does not affect the application of the rule of res judicata. 3o. heJthey would not recover. what is the remedy available to A or the heirs of A. Q. Q. correct? A. identity of sub. B and 3 now filed an action to recover the value of the land. This is a very simple form of res . 6ot and money< is that so? A. /o. 'n the second case. Q.ect matter of the first case? A. 't was decided.udicata.uestion of ownership already decided? A. But B and 3 argued that the rule on res . What does this e7ample illustrate? A. :oney. Q. he was declared the owner. letEs say 1 :. the parties are B and 3 as plaintiffs and A as defendant.udicata. the parties thereof are A.udgment became final. But was not this . they are not the sameO) Q. as defendant. the issue is2 Who is the owner of the land? That . she could have been sued merely as a nominal party. Their claim of ownership.ect matter.88
Q. in order that this second case will not be tried anymore on the merits? A.udicata. Q. 3 was never a party. Example: 8ou will note that this case between A and B. What is the nature now of the second action? A. 'f these were the situation. 8es. 1o long as the parties in the subse#uent case represents substantially the same interest as represented in the prior case . A says. Q. 0eivindicacion. &an this suit for recovery of damages be maintained by B? 6oo+< Q. What are the other rules with respect to res .ect matter of the second case? A. 's the contention of the plaintiffs B and 3. What is the cause of action in the first? A. Q. C' am the owner. There was a mere change in the nature of action. B now sued A for recovery of damages representing the value of this lot. /o. Why? Because the money represents the value of the lot. C' am the owner. 0ecovery of money.D Q. 3o. 3o there is no identity. 3o.udicata. 'f she were sued then. because if they were not the owner. The . What is the basis now of the claim of B or the heirs of B in recovery of 1 :? A. /aturally A filed a motion to dismiss on the ground of res . That the effects of res . identity of parties. A lot.udgment was rendered in favor of A. What the defendant A or heirs of A can do is to file a motion to dismiss under 0ule @ on the ground or res . What is the sub. What is the cause of action in the second case? A. but both actions are founded in the same facts. identity of causes of action. Q. Q. -ere are the rules< The effects of res judicata cannot be avoided or evaded simply by changing the nature of the subse#uent cause of action.udicata cannot be avoided by simply changing the nature of the action. (3o. Their ownership of the land. then you have here res . $wnership.D B says. Example2 'n the first case the defendant was only B.udicata? A. Why? Because 3 being merely a spouse was not an indispensable or even a necessary party in the first case.
udicata. #nder this set of cases. That is why. involving possession.udgment in the forcible entry case is already res . the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subse#uent title. the rule says.udged or this could have been necessarily included therein. The court having found that A had been in possession of the land for 24 years continuously until B e. To allow the :unicipal Trial &ourt to determine who is the lawful possessor.uestion of ownership is not decided in forcible entry. Q.ected him therefrom. in a forcible entry case.udicata.? 8c7 Rule A presupposes that there was a prior case between parties and that judgment in the prior case is invo$ed in a subse#uent case between the same parties . But only for this purpose.udged. Why? Because under this rule (3ec.ually to 3.> Rule "?: Effect of Dud. That is what is meant by par (c) of 3ec.udgment in favor of A has become final. But can there be now a dispute as to the . 3o. -ere is an illustration of what we said earlier that in the subse. The issue is. Q. The . were not indispensable parties in the prior case.uestion of ownership.udged in a prior case which appear on its face to have been directly ad. 's the contention of A correct? A.uestion of ownership may be decided. -e filed a motion to dismiss this second case.udgment was in favor of A.uestion of possession has already been decided in that forcible entry case. 3o. A was declared the lawful possessor. and 8b7 )n case of a judgment or final order against a person . The third part of 1ec. Example: A vs.uestion of ownership may be decided. 3o. that will not strengthen the case of the husband because with or without the wife impleaded in the first case. 3ubse. What do you recall about forcible entry? A.udicata. &an no longer be decided in the second case. & of 3ec. B in &ivil &ase L 2%9. The . this action for reindivicacion can no longer be litigated. B for forcible entry.udicata. Q.uestion of possession. $wnership. But then the findings of the :T& as to who is the owner is not final. A .
. This is his (A) contention. Therefore. the rule says. The only issue in forcible entry in .udgment rendered in the first case is introduced as evidence in the second case. /o more. Example2 A vs.uent to that. C' am the owner. Although you will recall that in B1 2! as now included in 0ule "4 that. 9" (c) 0ule %!). 1ar (c) of 3ec. what is settled in the forcible entry case is the . CWho has the right of possession of the land?D 6et us say that the .udgment will have been applied e. C'n other cases involving the same parties that is deemed decided in the prior case which appears on its face to have been directly ad. Cthe other cases involving the same parties. . 't is only good in that case. having jurisdiction to render the judgment or final order is as follows& 8a7 )n a case of judgment or final order upon a specific thing . .uent case. there is still a part of the case in the second case.udicata. then the . the law says. $nly the . After the . 3ince the . 9" of 0ule %! involves partial res . But the decision is only for the purpose of determining who is the lawful possessor. the . 9" 0ule %!.uestion of ownership here can still be decided.ment rendered $% a 9orei. this time for reivindicacion.udgment in the first case. 3o in the reindivicacion.udicata in the second case. This is what A did.udged in a forcible entry? A. which can now be decided. will not be a res . #nder the par. the judgment or final order is conclusive upon the title of the thing. Why? Because the . What is his basis? -e now argued that the . Sec. that .uestion of possession can still be disputed. That cannot be litigated anymore. B can prove that A was not in possession of the lot? A. in our e7ample.uestion of possession cannot be decided without deciding the . What was ad. Q.uestion of possession was already settled in the forcible entry case.uestion of possession the . B sued A. the additional parties. there is another case between A and B or between B and A. the . will not affect the application of the rule on res .D Q.udgment was rendered in that case. there is or there are parties who were not parties in the prior case. CWhen the .uestion of ownership is raised and the .n (ourt The effect of a judgment or final order of a tribunal of a foreign country. Q. 3o. 't is already res .uestion of ownership can again be litigated. But with the introduction in evidence of the .144
as a plaintiff in the subse. what is the issue here? A. what do you notice here? A. only those matters that have been decided in that prior case is deemed res judicata in the second case.uent case. /o. the .uestion of possession. 3o B says. 9" 0ule %!.uestion of possession is res . so that if the .D that has been ad. 3o.
clear mista+e of law or fact. in the case of specific property.udgment involves personal action.udgment involves title to specific property or whether the . that . collusion. $ur courts do not enforce foreign . *. /$. Cit can be repelled by proof of want of . 25.udgment of #3 court insofar as title to the property is concerned is finalH yet under the last paragraph. clear mista+e of fact or of law. C'n any case.uestion the . but it can be repelled.udgment.+: Appeal from '2( to R2( A )s.udgment in #3A. Where the case in inferior court involves a special proceeding or one which involves multiple appeal is %4 days a record on Questions Raised .urisdiction. *= 2. fraud or clear mista+e of law or fact.udgment because it says here. A and B came to the 1hilippines. 'f a foreign . 'n the case of personal .udgment has already became final in the #3A.0. the . the right can be contested by showing lac+ of . That is why under the last paragraph. 6etEs say that the . Q. B may repel the . Cthe . Cin either case. This case was filed in the #3A. collusion. Q. Q. The trouble was. 'n the case of personal action.udgment by proof of lac+ of . :T& (0ule 94) 'ode of Appeal /otice of Appeal within the :T& Appellate (ourt 0T& (/o trial denovo) #eriod of Appeal Within 5 days from notice of .udgment rendered by a foreign court cannot be enforced in the 1hilippines e7cept by action. But in the last part. a party against whom the . -e must file an action in the 1hilippine courts for the enforcement of that .udgment may have been rendered is a personal action. or the action in connection which a .D Whereas under par (a).udgment.D meaning. the rule says. the law says. collusion. =inal. whether the . well.udgment. Cthe . !!A (2!@ 3&0A 5%!
Appeals Rule . /o. What is strange here is this< 'n the case of title to specific property. want of notice to the party.udgment or final order may be repelled by evidence of a want of . fraud. What is the remedy available to A so that he can enforce this . it cannot be done. With respect to the second case. since this is merely a presumptive evidence of right of A against B.141
)n either case.udgment. A now files a motion in court for the e7ecution of that . 3o. B involving specific property or personal action. 6ac+ of notice a clear mista+e of fact or of law committed by #3 court.urisdiction of the #3 court to render the . C'n the case of title to specific property. although this . What is the effect of this . the judgment or final order may be repelled by evidence of a want of jurisdiction. $=W6
. want of notice to the party. 0T& of :anila for the enforcement of an action involving title or he will now file an action to enforce his . 2AA4% 3ept. A . fraud or clear mista$e of law or fact. The rule says.udgment is sought to be enforced in the 1hilippines can still . the action for money. Q. Example: A vs. A .udgment of the #3 court is conclusive to the title.udgment? A.udgment of the #3 court on the title on that property? What is the effect of this .udgment is merely a presumptive evidence that A has a claim against B.udgment of the #3 court with respect to his money? A. collusion. What is strange here? A. $6 %. he is declared the owner. 3o that is something strange about this< =oreign ?udgment2 Asiabest 6imited vs. it was not enforced or e7ecuted in #3A.urisdiction of the court. lac+ of notice.urisdiction. that . &an that be done? A. &A N. lac+ of notice.udgment.udgment was rendered in any case in favor of A. -e (A) now files in the 1hilippines. B was ordered to pay A money.udgment rendered in an action involving title to specific property. fraud.udgment and on proper case within %4 days.udgment is conclusive on the title to that property.
. 3o. When there is a motion for reconsideration of the . B here cannot appeal directly to the &A.uestion or fact only. /otice of Appeal Q. -ow will this case of B be resolved by the 0T&? Will there be a trial de novo when this case is before the 0T&? A. 5 days or in a proper case %4 days. -e cannot appeal directly to the 3&. 'f he wants to go to the 3&. B should also pay the appellate doc+et fee. the period of appeal is %4 days. What is the appellate court? A. There can be no direct appeal from the :T& to any court other than the corresponding 0T&. the evidence presents as forwarded by the cler+ of court of the :T& to the cler+ of court of the 0T&. :ile the notice on appeal on time. Within the period for the ta+ing of an appeal. this case now of A and B in the 0T&.) &A ( 5J%4) appeal being re. A vs. /o. 0T& I7ercise of2 a) $riginal . B for specific performance (A won2 B appeal) issues raised on appeal /otice of Appeal =iled with the same 0T& that rendered . There is only one mode of appeal from a . /. Q. and pay the appellate doc$et fee on time.udgment of the :T&. Why? Because the 0T& now will decide the appeal of B solely on the basis of the records of the case.142
2. A vs.uired. To what court must he direct the appeal? (1eriod of Appeal) A. With what court is this notice of appeal be filed? A. And on a proper case %4 days. if the case is one between A and B and B appeals from the . 0T& 5J%4 days Q. Q.uestion of law and .uestion law only) &A2 1etition 0eview for
&A (0egardless of the nature of the . The period of appeal is as a rule !9 days from notice of judgment . there is no trial de novo.uestion raised)
3ame ( 5 or %4 days)
6et us first ta+e the case of a . B :T&H ?udgment was Appealed to 0T&
1etition for 0eview on &ertiorari (0ule 95) (. 3o. What is needed for B here to perfect his appeal? A. $nly the corresponding 0T&. What now is the duty of the cler+ of court of the :T& upon the filing of the notice of appeal and payment of the appellate doc+et fee?
. Where the case in the inferior court involves a multiple appeal.udgment (. Q. Within what period must he file the appeal? (1eriod of Appeal) A. he can go there.B. there are two things as an appellant here must do. Q. the appeal period is counted from the receipt of the appellant of same ( 5 or %4 days) the order denying the motion for reconsideration.udgment of 0T&. 3o. 3ame ( 5 or %4 days)
'ssue raised on appeal b) Appellate ?urisdiction I7. 3o.udgment of an inferior court and that is notice of appeal. What would be his mode of appeal? (:ode of Appeal) A. Q. :T& Q. but not by appeal. a record on appeal being re.uired.uestion of fact or .udgment.
8es. Q. This is what is mentioned in 3ec. 't will return the case to the :T& for further proceedings.urisdiction. 3o.urisdiction. 't will not dismiss. The general rule is2 /$O The court will only decide on the basis of what was presented in the lower court. What will be the remedy available to the 0T&? A. Q. Sec. 3upposing the apellee A does not file the apelleeEs brief or memorandum. -e must furnish the parties2 A and B with that certificates. 3o.urisdiction.urisdiction but the 0T& found that the :T& has . the brief is called memorandum. the basis for the motion to dismiss by B is proper. 'n fact the 0T& says. will have the power to affirm the order or reverse the order.urisdiction. The court (:T&) has no . #pon receipt of the records. it will try the case. contrary to the holding of the :T&. What will the 0T& now do? A. /o . 3o. What is the effect of the failure of B to file the appellants brief. the cler+ of court of the 0T& will now send a notice to both A and B informing them of the fact that. What will be the action of the 0T& on appeal? A. Q. 3ince the 0T& has . 't will affirm the order of the court or it can order a hearing to be held as if this case was filed directly with the 0T&. There was a trial between A and B in the :T&.444 and this property is outside :etro :anila.urisdiction. in our e7ample for instance. the 0T& will not try the case. 0T&. 3o B appealed. The court will now decide the case on the basis only of the records and the evidence forwarded by the inferior court to the 0T&. The court found that indeed the :T& have no . the :T& has no . 3o. -e will now e7amine the records of the case preparatory to the elevation of the appropriate 0T& and certify to the correctness of the records. =or what? 3o that B . the court dismissed it because the :T& has .444 it (:T&) has no . Why? Because anyway the memorandum of the appellant B is already there. Q. > Rule . 6et say B filed a motion t dismiss on the ground that the complaint does not state the cause of action. -ere.urisdiction notwithstanding. the court found that. 3o. Q.14
A. A may also file his apelleeEs memorandum within 5 days from receipt of the appellantEs brief or memorandum. certify to the completeness of the records. The records of the case are now with the 0T& cler+ of court.444. (6et us assume that A is the appellant<) The appeal may have been the result of the following2 A for instance appealed from an order disposing the case without trial.urisdiction). the court rendered now a . that is A here may also file the soKcalled Appellees brief. the appellant.urisdiction. The value of the property is 154.urisdiction over reinividicacion involving this amount. since the value e7ceeds 124.udgment in favor of A. can the court decide the case? A. here dismissed the complaint of A on the basis of the motion to dismiss filed by B. Q. 3o. The 0T& affirms the order. 6et us ta+e the second situation. the :T&. (0eason2 The :T& has no .urisdiction. A now appeals. but in case li+e this. That could be a cause for the dismissal of the appeal of B.urisdiction. Cthe :T& has no .urisdiction over (reivindicacion) cases only when the value of the property outside :etro :anila does not e7ceed 124. 6et us say that the 0T& agrees with the finding of the :T& that it has no . What now will the 0T& do on the case? A. 6i+e the first case. Q. B now files a motion to dismiss on the ground of lac+ of . the court will try the case if this case was originally filed with the 0T&. 't will return the case to the :T& for further proceedings. may now file his memorandum on appeal. What is the duty of the cler+ of court with respect to this certificate issued? A. the motion to dismiss that the court has no . 3o itEs the duty of appellant B to file his memorandum on appeal within 5 days from notice or from within such period that appellate court may grant.D 6et us assume that in this e7ample. The appellee. his memorandum? A.urisdiction. Will not the court then hear A and B and receive their evidence? A. The appellate court. 3o there are the effects of appeal in the :T&. What now is the duty imposed by the rules on the cler+ of court? A. Q. records are already there.+
. Illustration2 This is an action filed by A against B for reivindicacion in the :T&. Q. A 0ule 94. 6et us suppose that the motion to dismiss was based on lac+ of .
udgment of the :T& which the court ruled upon on appeal and this .uestion of law. 't would be a simple notice of appeal filed with the same 0T& that rendered the .uestion of fact. then the mode of appeal is no longer a notice of appeal but under 0ule 95 in which the case. 1eriod of Appeal< The same. it may only be a . Q.udgment of the 0T& can be rendered in the e7ercise of its $0'N'/A6 ?#0'3D'&T'$/ or in the e7ercise of its A11I66ATI ?#0'3D'&T'$/. shall try the case on the merits as if the case was originally filed with it. )f the case was tried on the merits by the lower court. to approve compromise prior to the transmittal of the record. without pre. this (A vs.udgment of 3&KAppellate &ourt is NodO :ode of AppealK1eriod of AppealKIternallyO (?o+e only) Why? Q. Q.udice to a further appeal that may be taken therefrom.uestion raised on appeal may be a .14"
Appeal from orders dismissing case without trial. without prejudice to the admission of amended pleadings and additional evidence in the interest of justice. 's there an appeal from the . B now wants to appeal.2 Amotion for e1ecution was filed before the e1piration of the period to appeal) OR)(N-R8 -PPE-6 + . permit appeal by an indigent.uestion raised on appeal is only a . the mode of appeal is a simple notice of appeal filed with the 0T&. or it can be a . * Residual po'er of t+e court prior to t+e transmittal of t+e ori/inal record or record on appeal * 1. B in the e7ercise of its original . the Regional Trial Court.uestion of fact.urisdiction. )n case of affirmance and the ground of dismissal is lac$ of jurisdiction over the subject matter. court can still decide appeal based on appellant3s brief + !he . 4et me stress< with respect to the .urisdiction? A. 5 or %4 days.udgment of the 0T& rendered in the e7ercise of its original . Where the appeal involves only a .udgment is in turned appealed.uestion of fact and law at the same time.udgment. &A +owever. the appellate court is the &A. 6et us say that A won the case. to issue orders of the preservation of the rights which do not involve matters litigated by appeal.udgment of the 0T& affirming. but shall decide the case in accordance with the preceding section.uestion raised on appeal.udgment of the 0T& rendered in the e7ercise of its appellate . What would be the mode of appeal of B? A. the appeal period is counted from receipt by appellant of the order denying the motion for reconsideration. 'f the . as the case may be. =or instance. )n case of reversal.urisdiction. The distinction is important because the modes of appeals are not the same.udgment on appeal of the (!9 is immediately e1ecutory. C )f an appeal is ta$en from an order of the lower court dismissing the case without a trial on the merits.urisdiction. lac$ of jurisdiction.uestion that is raised. the mode of appeal is prayer. 2. or a . But when there is a motion for reconsideration of the . ". + !he 0ummary (ules no longer apply when the cases is on appeal. The mode of appeal is a petition for review (0 92). modifying or reversing the :T& .uestion of law. the Regional Trial Court may affirm or reverse it. without jurisdiction over the subject matter. What would be the appellate court? A. if it has jurisdiction thereover. 't is the &A that has . The . Q. the mode of appeal is a petition for review or certiorari under 0ule 95 and the appellate court is the 3&.udgment of 3&? A. Appellate court<.uestion of law. Appeal from . the case shall be remanded for further proceedings. (=orget thatO) RE4E 4:2ES: + failure to file appellants brief cause for dismissal of appeal + failure to file appellee3s brief. the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof. if the only issue raised by B on appeal is . The period is the same. order e1ecution pending appeal under (ule 8 0ec. What would the be mode of appeal? A. -ow about the . A vs. The . the appellate court would no longer be the &A but the 3&. 6et us assume that the 0T& decided a case.atter of right PET(T(ON 4OR RE0(E2 + >iscretionary
. .uestion of fact and law at the same time. 8n7 6et us ta+e the case of 0T&. the mode of appeal may be a simple notice of appeal or a petition of certiorari depending on the . /o more thatEs why the only appellate court would be Nod. B) was .udgment of the 0T&. 0egardless of the nature of the .
+ 9ase is decided by the .urisdiction. + ?ile a verified petition for review on certiorari with the 09 A("/) G Cay docket and lawful fees and C/44 for costs G 0ubmit proof of service of a copy to the lower court and adverse party. mistake.
. ACetition for relief.
Petition for revie' on certiorari Rule GB + !he case raises only a question of law.udgment based only on compromise is not appealable and is immediately e1ecutory. it remand the case for further proceedings. prosecuted manifestly for delay 6.!9.urisdiction.urisdiction Appealed to the 9A + ?ile a notice of appeal or a record on appeal with the court of origin A(!9) and give a copy to the adverse party.0. + ?ile a verified petition for review with the 9A G Cay the docket and lawful fees. and C/44 as deposits for costs with the 9A G ?urnish (!9 and adverse party copy of such A("2). failure to comply with the proper form for the petition /. >&-IA:0 < $rders denying C. Rule G. in which case. petition patently without merit 2. if it has original .udgment.udgment for notice of appeal and within 4 days for records on appeal G !he period for filing is interrupted by a timely motion for
Petition for revie' <Rule G. + %ithin 1/ days from the notice of the .< $rder of &1ecution . but shall decide the case.otion for new trial or reconsideration and motion to 0et aside a . Rule G1: -ppeal from Re/ional Trial Courts + 2+at cannot 1e appealedH 9lue* A2E P-()) 1. shall try the case on the merits as if the case was originally filed with it. ACC&A: < $rders disallowing or dismissing an Appeal /. duress or any ground vitiating consent. confession or compromise on the ground of fraud. it shall remand the case for further proceedings. or Ab) (everses. C&->I-= < Dudgments or final orders for or against one or more of several parties or in separate claims while the main case is pending ". + %ithin 1/ days from notice of the .14/
+ All the records are elevated from the court of origin + -otice of record on appeal is filed with the record of origin * f lower court dismissed the case without trial on merits: ) (!9 may* Aa) Affirm. Appealed to the (!9.udice 2. required fees were not paid . copies of the petition were not served on the adverse party ) no proof of service ". %I!#$5! C(&D5>I9& < $rder dismissing an action without pre.) * +emedy in cases where appeal is not allowed* ) 0pecial civil action of certiorari or prohibition if there is lack of . by consent. and shall admit amended pleadings or additional evidence. :!rounds for Outri/+t )ismissal 1. * f the case was tried on the merits by the lower court without (urisdiction over the sub(ect matter * ) (!9 shall dismiss the case. petition was filed out of time 2. &E&95!I$. Cetition for review with the 9A. * f dismissal is due to lac* of (urisdiction over the sub(ect matter: ) (!9 may* Aa) Affrim* if (!9 has . ..( or new trial. in which case. or Ab) (everse.udgment or order of denial of the . the questions raised are unsubstantial + -o records are elevated unless the court decrees it + ?iled with the 9A
Ordinary -ppeal <appeal 1y 'rit of error + 9ase is decided by the (!9 in its original .. I-!&(:$95!$(B orders 2. %ithin 1/ days from notice of the decision to be reviewed or form the denial of a .( or new trial.urisdiction or grave abuse of discretion or mandamus if there is no performance of duty. + A .
reconsideration or new trial. Rule G;: Petition for Revie' from t+e Re/ional Trial Courts to t+e Court of -ppeals + ,ailure to comply with the re-uirements on form such as* 1) certification against forum shopping 2) non)payment of docket, lawful fees and ) deposit for costs and ") failure to show proof of service of the same petition to the adverse party are grounds for dismissal' + $utright dismissal allowed < Cetition for review is not a matter of right but discretionary on the part of the 9A. It may only give due course to the petition if it shows on its face that the lower court has committed an error of fact andGor law. + A9!I$-0 $- !#& C&!I!I$9ourt may 1. require respondent to file comment ) 14 days 2. dismiss the petition if it finds that* a) it is patently without merit b) prosecuted manifestly for delay c) the questions raised are unsubstantial + It is merely discretionary on the 9A to order the elevation of the records. !his is because until the petition is given due course, the trial court may still issue a warrant of e1ecution pending appeal and in some cases such as e,ectment and those of 0ummary Crcedure, the ,udgments are immediately e1ecutory. It is only when the 9A deems it necessary that the 9lerk of the (!9 will be ordered to elevate the records of the case. See 2a$le Rule ,": A##EALS 9R:' 2;E (2A A4* QUASI DU*I(IAL A<E4(IES 2: A##EALS Sec. / Rule ," 3ec. of 0ule 9%, the different .uasiK,udicial bodies which decisions are sub,ect to appeal to the &ourt of Appeals are enumerated under. To this list, you add two other bodies whose decisions are appellate to the &ourt of Appeals2 . the orders of the ombudsman is administrative discipline cases 'n case of :abian vs. 2esierto, the court declared unconstitutional the provision of the law creating the office of the ombudsman which empowered the 3& to review ,udgment of the ombudsman i/ administrativeKdisciplinary cases. 3o, under this decision, ,udgment or orders of the ombudsman in administrativeKdisciplinary proceedings, are reviewable by the &A. =abian vs. Desierto N. 0. L 2!"92 3ept @, !!A 2. 64RC 86ational 4abor Relations Commission) ?udgment of /60& are not appealable to the 3& but to the &A. Before the decision in 1aint *artin :uneral +omes vs. 64RC, the ,udgment of /60& were reviewable be certiorari before the 3&. 'n this case, (3aint :artin =uneral -omes vs. /60&) N.0. L %4A@@, 3ept @, !!A 2!5 3&0A 9!9, 3& held that there is no law which authoriGes appeals from ,udgment of the /60& to the 3&. 'n this case, the 3& traced the legislative history of the /60& and it came into the conclusion that no one of the laws relative the /60& provided for an appeal from ,udgment of the /60& to the 3&. $f course you will notice that under 3ec. 2 of 0ule 9%, ,udgments of the 6abor 6aw of the 1hilippines are not covered by 0ule 9%. But under this decision now, 3aint :artin case, the decision of the /60& are now covered by the 0ule 9%. I7cept for some differences, the procedure of an appeal from ,udgment of the .uasiK,udicial bodies are practically the same as the procedure for the disposition of an appeal from the ,udgment of the 0T& in the e7ercise of its appellate ,urisdiction. They are practically the same. With this difference only. Both are reviewable by petition for review. Example2 A vs. B in 3I& B lost the case in the 3I&. B now wants to appeal from the ,udgment of the 3I&. Q. What is the mode of appeal? A. 1etition for 0eview Q. 1eriod? A. The same. The period is within 5 days from receipt of the copy of the award, ,udgment or order of the 3I&. 2;E (:UR2 :9
'n case, however, the ,udgment of a .uasiK,udicial body re.uires it to be published in order that a ,udgment may be valid, the 5 days period is counted from the last day of publication. 'n case there is a motion for reconsideration of the ,udgment, order or award of the 3I&, the 5Kday period is counted from the receipt of the resolution denying the motion for reconsideration. &ontents of 1etition, Documents to be attached thereto< ' leave this to you, so we can move< Scope of Sec. / Rule ," ) Appeals from ,udgment or final orders of the court of Ta7 AppealsH 2) Appeals form awards, ,udgments, final orders or resolution of or authoriGed by any .uasiK,udicial agency in the e7ercise of the .uasiK,udicial functions. List of A.encies ) &ivil 3ervice &ommission 2) &entral Board of Assessment Appeals %) 3ecurities and I7change &ommission 9) $ffice of the 1resident 5) 6and 0egistration Authority @) 3ocial 3ecurity &ommission ") &ivil Aeronautics Board A) Bureau of 1atents, Trademar+s and Technology Transfer !) /ational Ilectrification Administration 4) Inergy 0egulatory Board ) /T& 2) Department of Agrarian 0eform under 0. A. /o. @@5" %) Novernment 'nsurance 3ystem 9) Imployees &ompensation &ommission 5) Agricultural 'nventions Board @) 'nsurance &ommission ") 1hilippine Atomic Inergy &ommission A) Board of 'nvestment !) &onstruction Arbitrators AuthoriGed by 6aw 24) /ational 6abor 0elations &ommission (3aint :artin =uneral -omes vs. /60&) 2 ) $mbudsman (=abian vs. Desierto) 22) ;oluntary Arbitrators (ction of the &( on the petition< 't may dismiss outrightly the petition on the ground for instance that ( ) the motion was filed out of timeH (2) the re.uired fees were not paidH (%) copies of the petition were not served by the adverse party, etc. The court may find that petition is not meritorious at all or the court may find that the petition was filed merely for purposes of delay, or the court may find the issues raised in the petition are too insubstantial to re.uire further proceedings. $n the other hand, the court may find it proper to direct the respondent to file a comment with 4 days from notice. 3o if the court gives the respondent time to comment that means to say that the court may grant to determine whether to give due course or not, to this petition. 6et us say now that the comments have been filed Q. What now will the action of the court thereafter? A. The court may then give due course to the petition or deny due course. Q. When will the court give due course here? A. 'f from the pleading, the comment on the petition itself if there is a prima facie showing that the body whose ,udgment is sub,ect of petition may have committed an error. This error is of fact or of law. Q. 's it enough that the error was committed either of fact or of law? A. /o. An error that may warrant a reversal of the ,udgment, order or award appeals from or which may warrant at least a modification of the ,udgment appeals. Q. 'f the court gives due course, how will the &A decide now the case? A. At its option, it may now re.uire the .uasiK,udicial body, 3I& in our e7ample, elevate to the &A the records of the case. 6et us assume that the records have been elevated to the appellate court. Q. Will the case now be submitted for decision? A. /ot yet. &A may re.uire the parties to submit their memorandum within a given period of time. #pon the filing of the memorandum or the e7piration of the period of the filing thereof, the case may now be submitted for decision. (ThatEs how simple it isO)
Q. What is the difference between the effect of an appeal from a ,udgment rendered by a .uasiK,udicial body on the e7ecution of the ,udgment appealed from the effect of an appeal in an ordinary case from the ,udgment of &A where the ,udgment is that of a 0T&? A. 'n the case of a ,udgment of the .uasiK,udicial body, the appeal therefore does not stay the e7ecution of the ,udgment. 't is immediately e7ecutory. +owever, this is sub,ect to an e7ception where the appeal from the ,udgment of the 3I& or any .uasiK,udicial body for that matter stay the e7ecution when the &A itself orders the stay of an e7ecution. $n the other hand, a ,udgment of the 0T& appealed from cannot be e7ecuted during the pendency of the appeal, that is the general rule. 'n other words, an appeal from a ,udgment of the 0T& to the &A is stayed. Q. 's there a case however, where a ,udgment is that of a 0T& and yet an appeal therefore does not stay the e7ecution? A. 8es. That is when the ,udgment rendered by the 0T& involves a case which is decided under the rules on summary procedure in which case, the appeal therefore does not stay the e7ecution of the ,udgment. Example2 The 0T& affirmed the ,udgment of the inferior court in a forcible entry case, which ordered the defendant to vacate the premises. The 0T& affirmed the ,udgment. The defendant B filed a petition for review under 0ule 92 (petition for 0eview from the 0T& to 3&). Q. :ay this ,udgment against him be enforced notwithstanding his appeal therefore in &A? A. 8es. 'tEs the only e7ception. RE4E 4:2ES: !rounds for Outri/+t )ismissal 1. Cetition filed out of time 2. (equired fees were not paid . 9opies of the petition were not served on the adverse party ". 9ontents of appeal does not follow the prescribed form !rounds for )ismissal <%pon motion 1. Catently without merit 2. Crosecuted manifestly foe delay . Iuestions raised are unsubstantial to require consideration PROCE)%RE (N T9E CO%RT O4 -PPE-6S R%6E GG: Ordinary -ppealed Cases Time to 4ile a) appellant3s brief ) "/ days from notice of clerk of court b) appellee3s brief ) "/ days from receipt of appellant3s brief c) appellant3s reply brief ) 24 days from receipt of appellee3s brief + ?ailure to file appellant3s brief on time is a ground for dismissal of the appeal. + If a motion to dismiss an appeal has been filed, it suspends the running of the period for filing the appellant brief, as the same would be unnecessary should the motion be granted. + !he failure of the appellant to make specific assignment for errors in his brief or page references to the record as required in this section is a ground for dismissal for his appeal. Rule GB: -ppeal 1y Certiorari to t+e Supreme Court + Appeals to the 0upreme 9ourt can be taken from a ,udgment or final order for resolution of the 9A, the 0andiganbayan, the (!9 or such other court as may be authoriFed by law and only by a verified petition for review on certiorari on questions of law e#cept in appeals from ,udgments of the (!9 in criminal cases wherein the penalty imposed is life imprisonment, or reclusion perpetua which shall be elevated by ordinary appeal, or wherein the death penalty is imposed which is sub,ect to automatic review. E%EST(ONS O4 6-2 + doubt of controversy as to what the law is on ceratin facts + if the appellate court can determine the issue raised without reviewing or evaluating the evidence + can involve questions of interpretation of the law with respect to the ceratin set of facts E%EST(ONS O4 4-CT + doubt or difference arises as to the truth or falsehood of facts, or as to probative value of the evidence presented + the determination involves evaluation or review of evidence + qeury invites the calibration of the whole evidence considering mainly the credibility of witnesses, e1istence and relevancy of specific surrounding
certiorari. !he findings of fact of the 9A is premised on the supposed evidence and is contradicted by the evidence on record.ecture. * Certiorari under Rule GB vs" certiorari under Rule @B <special civil action CERT(OR-R( %N)ER R%6E GB + petition is based on questions of law It is a mode of appeal + involves the review of the . 2.urisdiction over respondents $( $utright dismissal for failure to comply to requirements also form and payment of docket and other legal fees. .unction or temporary restraining order is issued does not stay the challenged proceeding + the parties are the aggrieved party against the lower court or quasi).urisdiction or with grave abuse of discretion 0pecial civil action + directed against an interlocutory order of the court or where there is no appeal or any other plain. %hen the findings of fact are conclusions without citation of specific evidence on which they are based. whether or not they are in aid of its appellate . 14. ) (equire respondents to file 9$. %hen the . Procedural Outline Aoriginal cases in the 9ourt of Appeals) 1) ?iling of the petition 2) $rder to acquire . E#ceptions to Conclusiveness of 4acts: 1. 8. Rule . the findings of fact of the 9A are final and conclusive and cannot be reviewed on appeal to the 09. %hen the finding is grounded entirely on speculations. %hen inference made is manifestly absurd. would alter the result of the case in that they would entitle the accused to acquittal. ". %hen certain material facts and circumstances have been overlooked by the trial court which. habeas corpus and quo warranto. 2.urisdiction and the power of review Rule G@:Ori/inal Cases <(n t+e C-
5nder @C @lg. mistaken or impossible. if taken into account. and it has e1ecutive original .udgments of (egional !rial 9ourts. T+e court acquires jurisdiction: A1) $ver petitioner by filing of the petition A2) $ver the respondent by the service on the latter of the order or resolution indicating the courts initial action on the petition and -$! by the service on him of the petition.udicial agency and the prevailing parties + .ment or 9inal :rders and Resolutions
. %hen the findings of facts are conflicting. the 09 has to review the evidence in order to arrive at the correct findings based on the record. %hen the findings of fact of the 9A are at variance with those of the trial court.148
circumstances and relation to each other and the whole probabilities of the situation + As a /eneral rule.udicial agency is not impleaded + . 11.udgment. the period shall not only be interrupted 1ut anot+er @C days s+all 1e /iven to t+e petitioner A09 Admin. order of resolution appealed from + unless a writ of preliminary in. 6. and the lower court or quasi) .urisdiction or in e1cess of .1: Annulment of Dud.urisdiction.udgment is premised on a misrepresentation of facts. the 9A has original . /. .otion for reconsideration is not required
+ the court is in the e1ercise of its appellate . 7.urisdiction
+ the petitioner and the respondent are the original parties to the action. %hen the facts set forth in the petition as well as in the petitioner3s main and reply briefs are not disputed by the respondents.urisdiction to issue writ of mandamus.otion for reconsideration or for new trial is required + ?ile a motion for reconsideration or new trial is filed.urisdictions over actions for annulment of . %hen the 9A in making its findings went beyond the issues of the case and the same is contrary to both the admissions of appellants and appellees..atter 442)4 ) + court e1ercises original .udgment award or final order on the merits + must be made within the reglementary period + stays the . surmise of con.udgment or order appealed from CERT(OR-R( %N)ER R%6E @B + petition raises the issue as to whether the lower court acted without . %hen there is grave abuse of discretion in the appreciation of facts. prohibition.&-! within 14 days from -$!I9& ") 9ourt may require the filing of a (&C:B or such other pleadings as it may deem necessary /) >etermination of ?A9!5A: I005&0 ) the court may delegate the reception of evidence on such issues to any of its members. speedy or adequate remedy + filed not later than 24 days from notice of . and au1iliary writs or processes. 128.
When may a . 's this ground (forgery) an e7trinsic fraud? A. I7hibit CAD. there is nothing left to be done but to e7ecute it.urisdiction. Q. in the 0T&.udgment become final? A. Q.udgment on the ground of e7trinsic fraud. Example: 'n the 0T&.
. Because B failed to file a motion for reconsideration2 because B failed to file a motion for new trialH because B failed to file a petition for relief. Why? That +ind of a fraud committed against him was committed outside the trial. This means to say that if the party against whom the . What is the difference? A. 'n the case of an intrinsic fraud.udgment of the 0T& be the sub. Thereafter. 8ou do not have to appear anymore in the court for the preKtrial. Q. Why did this . Well. Q. B files an action to annul this . The court has already granted it. /o. 'tEs either e"trinsic fraud or lac$ of jurisdiction These are the only two (2) grounds available to B. )f the ground is fraud. CB. the fraud consisting in the introduction of evidence in court of that I7hibit CAD is an intrinsic fraud. 's it the contention of B here correct? A. A .udgment has already become final and the loosing party lost the right to file a petition for review or lost any other remedy against this .udgment was rendered against B. And on the basis of this forged document alone.D Believing on the truthfulness of A.udgment. When a . B did not appear for the preKtrial. Q. then he cannot avail of this 0ule 9". With what e7trinsic fraud consist of? A. Before the date of the preKtrial. 6etEs reverse the situation< Example: A and B received the notice of preKtrial setting the preKtrial for specific date. the misrepresentation of A that the preKtrial set on the scheduled date was cancelled. it is correct.udgment in favor of A. Because B failed to file a notice of appeal. at any time before the action is barred by laches or estoppel. he -as four (9) years from discovery of the fraud with which to file an action. What are the . the parties were A and B. ' already filed a motion for postponement. Whereas.udgment in favor of A became final. According to him (B). 'f a . the court rendered . )f it is lac$ of jurisdiction . however A appeared in court. 6etEs illustrate each of them< Example: 3upposing during the trial. A submitted in evidence a forged document. )f the lost of any of these remedies was on account for the fault of B. Q.udgment becomes final. 8es.udgment became final. What is an e7trinsic fraud as contradicting intrinsic fraud? A. A now moves that he be allowed to present his evidence e7 parte.rounds? A.ect of a petition for annulment in the &A? A. $n the day of the preKtrial.udgment was rendered lost the right to file a petition for relief or lost any other remedy which could have been available to him because of his fault. the court rendered a . what then? 'ntrinsic fraud. there is an opportunity for the adverse party to counteract that fraud. These are the only periods. Because of the absence of B.114
&ourt) (Annulment of ?udgments rendered by the 0T& and Annulment of ?udgment rendered by the 'nferior
Q. A met B and said.udgment without his fault then he may file a petition for annulment of this . The lost of any of these rights was not due to the fault of B. what did we learn under 0ule %!? A. 1eriod within which B may now file an action for annulment in &A< The period depends on the ground whether the ground is e7trinsic fraud or the ground is lac+ of . Q. Q. This . B now wants to file an action for annulment based on e7trinsic fraud. then B cannot file an action for annulment. The .udgment.
-e did not. Then it will give it due course. regarding the Ividence which it is re. without prejudice to the original action being refilled in the proper court.uired to receive. 3o the decision of the 0T& stands. That is his (B) fault.D ThatEs why the respondent in this case now. the affidavit of his witnesses must be those which would support his defense against the action of A. Nround the petition in its (&A) view is not impressed with merits. an appropriate . ?udge of the 0T&. where the judgment or final order or resolutions set aside on the ground of e"trinsic fraud.urisdiction. There are two (2) causes of action that &A may ta+e this case2 ) immediately dismiss the petition. the members of the &A assigned to receive the evidence will act as if he were a . not the power to decide the case. What is the e7tent of the power of the 0T& . e7cept for this matter. The contents of the petition are stated in 0ule 9". But in the case of the second misrepresentation. 3o after the reception of the evidence either by the &A itself or by a . Q. 3o. the court may on motion order trial to try the case as if a timely motion for new trial had been granted therein. 2) The court finds the petition to be impressed with merits (with prima facie merit).udge of 0T& conducting a trial.1 (Effect of Dud. Q. This is the concept of e7trinsic fraud.udge to whom the reception of the evidence of the parties has been delegated by the &A? :ay the 0T& decide the case? A. )owever. Why? Because the power delegated to him is the power to receive the evidence. B will be re. $f course the other ground is lac+ of . The petition is now there in court (&A). Q. Sec. 'n other words. B would not have rebut it with contrary evidence because that was not committed outside the trial. Then the court can immediately dismiss it. What will be re. 'n other words.udge of the 0T&. 'f it were A who filed his petition. > Rule . trial shall proceed as if this were a case pending in the 0T&. -rocedure. the &A will now decide the case. +owever. /o. This means to say that the grounds have not been proven.A. 't may authoriGe any of its members to receive the evidences. 3o these are the options available to the &A. his petition should be accompanied by affidavits of his witnesses on the cause of action of A.udgment of the &A may be to grant the already e7pired decision. 't will still be the &A that will render the . What now will be the action of &A. B could have presented on the fact that this document is a forgery. it is not meritorious. A will have to be summoned. 'n our e7ample. will it immediately give the due course or it can dismiss outright the petition? A.udge.udge? /o. 1 Rule . This is what is meant by this suspension of prescriptive period (3ec. Q. the
. The petition should be accompanied by affidavits of witnesses of the party filing the petition .uired of B here? A.uired to file his answer and thereafter. -ow? The rule now says. Q. Cthat this case will now be treated as if it were an ordinary case filed in the 0T&. There are several options available to the &.udgment.ment A judgment of annulment shall be set aside the #uestioned judgment or final order or resolution and render the same null and void. do not have to repeat. The &A may delegate the reception of the evidence to another . The decision may be dismissal of the petition. A 0ule 9") Sec.1 Suspension of #rescripti)e #eriod The prescriptive period for the refilling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment .udge. Any . since he was the defendant in the trial below (0T&). the petition of B should be accompanied by affidavits of his witnesses. 'f B is to file the petition. Then what shall &A do? A. Will there be an actual trial in the &A or in short may the &A receive the evidence itself? A.111
'n this case. The .
3ince the e7trinsic fraud by A and A elected to reKfile the case in the 0T&. ?anuary 5. obviously. 5. B filed an action for annulment on ?an. @. !!%) and the time .udgment. (!) years have elapsed. %. instead of having this case refilled. !!5.
RE4E 4:2ES: Rule GH: 2+en to 4ile . . Example: 0T&KA vs. 3o. -as his action prescribe or did not prescribe? A. We said that. only one ( ) year of the prescriptive period remained. you have already a period of nine (!) years. from ?anuary . !!". the plaintiff here. B. ". /ot suspended because e7trinsic fraud by A. 't is as if there was a new trial granted. A. !!4 A vs. ".udgment became final (. ?anuary @. 1rescribedO 'f however. The cause of action prescribes in four (9) years from happening. Q. -owever. at the time this case was reKfiled. !!" (&A decision became final) was not suspended because the e7trinsic fraud was committed by a (plaintiff). was rendered in favor of A. may reKfile the case or instead of refilling the case. ?anuary . the &A may direct the 0T& to continue hearing the case. the period may not have yet prescribed.112
prescriptive period shall not be suspended where the e"trinsic fraud is attributable to the plaintiff in the original action. !!4 to ?anuary ". only one ( ) year left in the prescriptive period) !!9 ?udgment in 0Tc became final. @.udgment of the 0T& was lac+ of .udgment in favor of A became final on ?an.udgment of &A (?an. the cause of action already prescribed. Therefore. if the basis of the &A in setting aside the . /oteV /ine The cause of action arose on ?an. 2. The prescriptive period for the filing of the aforesaid original action shall be deemed suspended from the filing of said original action until the finality of . !!!). Q. for purposes of refilling the case. B ?anuary 2. this was not suspended. !!"). which serves as the basis of the &A in setting aside the . What do you notice here? A. !!!. this period is suspended. (By reason of e7trinsic fraud committed by A) !!5 B filed an action for annulment by reason of e7trinsic fraud committed by A. /ote that the cause of action in the above e7ample prescribes in four (9) years. ?anuary ". A . if you add therefore the period from ?an. !!!. A filed a complaint against B in 0T& (original complaint) (at the time of filing. the ground of the annulment was not in . Example: The . !!" The . where the . The ground was e7trinsic fraud. -owever.udgment of &A annulling the decision of the 0T& became final !!! 3ince the e7trinsic fraud was committed by A. -e only has four (9) years. !!4. -owever. !!4 to the time he filed the second action (?an. The period between the first time the case was filed and time of the .udgment is declared void. where the ground. The law says< 3ince A was the one guilty of e7trinsic fraud.an. the trial may be declared to hear anew the case as if a motion for new trial was granted. ?udgment in favor of A. B on ?an.
The period from ?anuary 2.urisdiction. 6et say this cause of action became the sub. 6etEs say that the cause of action that can be brought within four (9) years from the happening. A vs.ect of a complaint filed by A against B on ?anuary 2. This . in the &A now. the &A cannot direct the 0T& to hear this case. B. At the time the action was filed. We say that as a result of this . -e filed this case A vs. the prescriptive period cannot be suspended where the e7trinsic fraud is attributable to the plaintiff in the original action. @.udgment annulling this decision of the 0T& that was rendered by the &A and became final on ?an. !!") became final.udgment of the 0T& was set aside. !!% ?anuary %. . !!% (first case was filed to) ?anuary @. 3o.udgment of 0T& was e7trinsic fraud. he (A) (elected to) reKfiled the case in the 0T&.i" "ailed to "ile wit!out "ault 1) notice of appeal 2) motion for reconsideration ) motion for new trial ") petition for relief
. this action can be refilled. Therefore.udgment of annulment.udgment however. !!%. !!9. not fraud. 't has to be reKfiled. this . the period between the time he filed the original complaint (?an.urisdiction.
Rule BC: )ismissal of -ppeal !rounds for )ismissal Aa) ?ailure of the record on appeal to show on its face that the appeal was taken within the period fi1ed by these (ules. paragraph Aa).11
E#trinsic 4raud ) ?raud committed outside the trial and not in the course of the trial + e1trinsic fraud shall -$! be a valid ground if* ) it was availed of or could have been availed of in a* a) motion for new trial b) petition for relief Effect of Jud/ment a) annulment based on lack of . Af) Absence of specific assignment of errors in the appellant3s brief. Ah) ?ailure of the appellant to appear at the preliminary conference under (ule "7 or to comply with orders. 2) %here no hearing is held a) upon the filing of the last pleading. + An appeal will be withdrawn as a matter of right at anytime before the filing of the appellee3s brief. Ad) 5nauthoriFed alterations. b) upon the filing of the last pleading or memorandum.urisdiction < original action may be refilled. b) based on e1trinsic fraud < trial court will try the case. ) %here hearing is held a) upon its termination.otion for Reconsideration
.udgment appealed from is not appealable. n original action and petition for review % 1) %here no comment is filed a) upon the e1piration of the period to comment. omissions or additions in the approved record on appeal as provided in 0ection " of (ule "". Ag) ?ailure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order. formulation or stipulation of facts ". and Ai) !he fact that the order or . Ae) ?ailure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these (ules.ustifiable cause. or directives of the court without . Aas if a motion for new trial was granted) Rule GI: Preliminary Conference + -ot mandatory T+in/s ta&en up: 1. clarification of issues . brief or memorandum. or c) e1piration of the period for filing. Ac) ?ailure of the appellant to pay the docket fee and other lawful fees as provided in 0ection / of (ule "4 and 0ection " of (ule "1.case s+all 1e deemed su1mitted for jud/ment: A. possibility of an amicable settlement 2.: . n ordinary appeals ) 1) %here no hearing on the merits of the main case is held a) upon the filing of the last pleading. or b) e1piration of the period for filing. the withdrawal will be allowed in the discretion of the court. Rule B1: Jud/ment . Ac). A1a) + An appeal erroneously taken to the 9ourt of Appeals shall not be transferred to the appropriate court but shall be dismissed outright. or b) e1piration of the period for filing 2) %here hearing on the merits of the main case is held a) upon its termination. or of page references to the record as required in 0ection 1 . Rule B. !hereafter. b) upon the filing of the last pleading or memorandum. or c) e1piration of the period for filing $. Ab) ?ailure to file the notice of appeal or the record on appeal within the period prescribed by these (ules. Ad) and Af) of (ule "". other matters which may aid in the prompt disposition of the case Rule GD: Oral -r/ument + -ot mandatory + !he oral argument shall be limited to such matters as the court may specify in its order or resolution. circulars.
When then can he file a motion for new trial? A. Rule 5": 4e0 2rial Q.udiciary and attorneys 6. Ividence which would not have been discovered while the case is pending before trial in 0T& (in our e7ample).urisdiction. B in the 0T&. the procedure in the new trial shall be the same as that granted by the 0T&. Q. %. 6etEs say that B appealed to &A.
. the . reclusion perpetua& or life imprisonment. A. What is the . Q. !!A. B in this e7ample. This is in contrast with the ground of a motion for new trial under 0ule %". . Cat anytime after the appeal has been perfectedD. a motion for new trial in a civil case can be heard only by CA itself .udgment was rendered by the &A on Dec. Assuming now that the motion for new trial has been granted. !!A. Iven with due diligence. The motion for new trial in the &A can be based only on one ground that is newly discovered evidence. The law says. what will be the ne7t proceeding? #nless the court otherwise directs.udgment which has been rendered against a party because of =A:I that affected the substantial rights.udgment of &A already rendered. he has a 5Kday period therefrom within which to file a petition for certiorari in the 3&.11"
+ !he rules now prohibit a second motion for reconsideration. A). Q.urisdiction. would not have presented that evidence and which if presented will probably alter the .urisdiction over the case. . !!A to Dec.urisdiction. 6et us say that a . the court no longer has any . This is a distinction between the two. 3o. Iuo warranto /. >isciplinary proceedings against members of the . When may a motion for new trial in &A be filed? A. + !he rules now require the service of the motion to the adverse party. Crohibition . There are two grounds where a . Q. 3o. This is not available in the &A.urisdiction here? A. Example2 A vs. !!A. !rounds for dismissal of appeal 1y SC: a) ?ailure to take appeal within the reglementary period. -ow 0T& conducts a trial following the grant of a motion for new trial. + !he pendency of a motion for reconsideration filed on time shall stay the e1ecution of the .E CO%RT Rule B@: Ori/inal and -ppeal Cases Ori/inal Cases Co/niJa1le 1. 9ases affecting ambassadors.andamus ". Within what period must he file it? A. Within !4 days from the date the motion for new trial is submitted for resolution. . #nli+e a motion for new trial in a criminal case which can be conducted by a trial court. 3o. A. There is only one ground for a motion for new trial under 0ule 5%. to Dec. 6et us assume also that B received the copy of the decision on Dec. !!A) before the court lost its .udgment already becomes final. When should this motion for new trial be resolved? A. B wants to file a motion for new trial. Because if there is no perfected petition for certiorari as of Dec. 6et us say that the appeal made was perfected on Dec. the following day. RENE NOTES: PROCE)%RE O4 T9E S%PRE. until then the court still retains . 't will conduct a hearing. At anytime between the date (Dec. !!A. At anytime after the appeal has been perfected up to the time the &A has not yet lost . the last day for him to file would be Dec. . Q. between these two dates (Dec. -ow will the &A here resolve this motion for new trial? A. A. 9ertiorari 2. Q. other public ministers and consuls + An appeal to 09 can only be taken by petition for review on certiorari & e#cept in criminal cases where the penalty imposed is death. #abeas 9orpus 2.udgment. Who may receive the evidence in this case? A.
b) lack of merit in petition. c) failure to pay the requisite docket fee and other lawful fees to make deposit for costs. d) failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition. e) failure to comply with any circular, directive or order of the 09 without ,ustifiable cause. f) error in choice or mode of appeal. g) case is not ,ustifiable to 09. + >iscretionary upon 09 Aand 9A) to call for preliminary conference similar to pre)trial. +!R* Appeal to 09 by notice of appeal shall be dismissed E#ception* In criminal cases where the penalty imposed is life imprisonment, or when a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence which gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed A0ec. , (ule 122). + Appeal by certiorari from (!9 to 09 submitting issues of fact may be referred to the 9A for decision for appropriate action, without pre,udice to considerations on whether or not to give due course to the appeal as provided in (ule "2. PRO0(S(ON-6 RE.E)(ES Rule BH: Preliminary -ttac+ment + Provisional remedies AanciliaryGau1iliary) < writs and processes available during the pendency of the action may be resorted to by a litigant to reserve and protect rights and interests therein pending rendition, and for the purpose of ultimately effecting a final ,udgment in the case. C($'I0I$-A: < constituting temporary measures availed of during the pendency of the action. A-9I:IA(B < incidents in and dependent on the result of the main action. +Preliminary -ttac+ment a) available even if the recovery of personal property is only an incidental relief sought in the action. b) may be resorted to even if the personal property is in the custody of a third person. c) e1tends to all kinds of property, real or personal or incorporeal. d) to recover possession of personal property un,ustly detained, presupposes that the same is being concealed, removed, or disposed of to prevent its being found or taken by the applicant. e) can still be resorted to even if the property is in custodia legis& as long as the property belongs to the defendant, or is one in which he has proprietary interests, A-> with permission of the court. +!rounds a) recovery of specified amount of money and damages, e1cept moral or e1emplary, where party is about to depart from the Chils with the intent to defraud creditors. b) action for money or property embeFFled or for willful violation of duty by public officers, officers of corp, agent or fiduciary. c) recovery of possession of property Aboth real and personal) un,ustly detained, when the property is concealed or disposed of to prevent is being found or taken. d) action against party guilty of fraud in contracting the debt or incurring the obligation or in the performance thereof. e) action against party who is concealing or disposing of property, or is about to do so, with intent to defraud creditors. f) action against party who is not a resident of the Chils and cannot be found therein upon who service by publication can be made. + PR(NC(P6E O4 PR(OR OR CONTE.POR-R8 J%R(S)(C(TON <Preliminary -ttac+ment ) &nforcement of writ of preliminary attachment must be made preceded by or simultaneously accompanied by service of summons, copy of complaint, application and affidavits for the attachment and the bond upon the adverse party. @5! the requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served despite diligent efforts, or the defendant is a resident of the Chils temporarily absent therefrom, or the defendant is a non)resident of the Chils or the action is in rem or quasi in rem. + 2+en preliminary attac+ment is disc+ar/ed a) debtor posts a counterbond or makes requisite cash deposit < if attachment to be discharged is with respect to particular property, counterbond or deposit shall be equal to the value of the property as determined by the court. in all other cases, amount of counterbond should be equal to the amount fi1ed in the order of attachment. + 'AS( D P)SI* )+ '),-* .$)-D S(ALL S ',. *( PA/0 -* )+ A-/ 1,D20 -* *(A* A**A'(I-2 PA.*/ 0A/ . ')3 . 1) applicant3s bond is insufficient or sureties fail to ,ustify. c) attachment was improperly or irregularly issued. d) property attached is e1empt from e1ecution. e) ,udgment is rendered against attaching party. f) attachment is e1cessive < discharge is with respect to the e1cess + Application for discharge may only be filed with the court where the action is pending and may be filed even before enforcement of the writ so long as there has been an order of attachment. + 2+en to apply for dama/es a/ainst t+e attac+ment 1ond a) before trial. b) before appeal perfected. c) before ,udgment becomes e1ecutory. d) in the appellate court for damages pending appeal, before ,udgment becomes e1ecutory.
+ %hen ,udgment becomes e1ecutory, sureties on counterbond to lift attachment are charged and can be held liable for the amount of ,udgment and costs upon notice and summary hearing. !here is no need to first e1ecute ,udgment against obligor before proceeding against sureties. + Claims for dama/es cannot 1e su1ject of independent action e#cept: a) when principal case is dismissed by the trial court for lack of ,urisdiction without giving the claiming party opportunity to prove claim for damages. b) when damages sustained by a third person not a party to the action. Rule BI: Preliminary (njunction + Creliminary in,unction distinguished from Crohibition Preliminary (njunction =enerally directed against party to the action but may be against any person >oes not involve the ,urisdiction of the court Pro+i1ition >irected against a court, tribunal, or person e1ercising ,udicial powers ;ay be on the ground that the court against whom the writ is sought acted without or in e1cess of ,urisdiction Always a main action
;ay be main action itself or ,ust a provisional remedy in the main action + !rounds for Preliminary (njunction a) plaintiff is entitled to relief sought which consists in restraining or requiring the performance of acts Alatter is preliminary mandatory in,unction). b) the commission of acts or non)performance during pendency of litigation would probably work in,ustice to the plainitiff. c) defendant is doing or about to do an act violating plaintiff3s rights respecting the sub,ect of the action and tending to render ,udgment ineffectual. + (njunction may 1e refused or dissolved '+en* a) complaint is insufficient. b) defendant is permitted to post a counterbond it appearing that he would sustain great and irreparable in,ury if in,unction granted or continued while plaintiff can be fully compensated. c) plaintiff3s bond is insufficient or defective. + -o preliminary in,unction or !($ may be issued without posting of bond and notice to adverse party and hearing. + PR(NC(P6E O4 PR(OR OR CONTE.POR-R8 J%R(S)(CT(ON* %hen an application for a writ of preliminary in,unction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple)sala court, shall be raffled only after -$!I9& to and I- !#& C(&0&-9& of the adverse party or the person to be en,oined. In any event, such notice shall be preceded, or contemporaneously accompanied by service of summons, together with a copy of the complaint and the applicant3s affidavit and bond, upon the adverse party in the Chils. @5! the requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served despite diligent efforts, or the defendant is a resident of the Chils temporarily absent therefrom, or the defendant is a non)resdent of the Chils. + difference 'it+ principle in prelim attac+ment < in attachment, the principle applies only in the implementation of the writ, while in applications for in,unction or !($, this principle applies before the raffle and issuance of the writs or !($. + !($ good for only 24 days from service. 24 days for 9A. until further orders from 09. + !($ can be issued e# parte only if matter of grave urgency and plaintiff will suffer grave in,ustice and irreparable in,ury. =ood for 62 hours from issuance, within which ,udge must comply with service of summons, complaint, affidavit and bond, and hold summary hearing to determine whether the !($ should be e1tended for 24 days. In no case can !($ be longer than 24 days including 62 hours. Rule BD: Receivers+ip + 2+en receiver may 1e appointed: a) party has an interest in the property or fund sub,ect of the action and such is in danger of being lost, removed or materially in,ured. b) action by mortgagee for foreclosure of mortgage when the property is in danger of being wasted or materially in,ured and that its value is probably insufficient to discharge the mortgage debt, $( that the parties have stipulated in the contract of mortgage. c) after ,udgment, to preserve the property during the pendency of the appeal, or to dispose of it, or aid in e1ecution when e1ecution has been returned unsatisfied or the ,udgment debtor refuses to apply his property to satisfy ,udgment, or to carry out the ,udgment. d) when appointing one is the most convenient and feasible means to preserve, administer, or dispose of the property in litigation. + 2+en receivers+ip may 1e denied$lifted: a) appointment sought is without sufficient cause. b) adverse party files sufficient bond for damages. c) applicant or receiver3s bond is insufficient. + @oth the applicant for receivership and the receiver appointed must file separate bonds. + In claims against the bond, it shall be filed, ascertained and granted under the same procedure as 0ection 24, (ule /6, whether it is damages against the applicant3s bond for the unlawful appointment of the receiver or for enforcing the liability of the sureties of the receiver3s management Ain the latter case, no longer need to file a separate action). Rule @C: Replevin
+ (eplevin a) available only where the principal relief sought in the action is the recovery of possession of personal property. b) can be sought only where the defendant is in the actual or constructive possession of the personal property involved. c) e1tends only to personal property capable of manual delivery. d) available to recover personal property even if the same is not being concealed, removed, or disposed of. e) cannot be availed of if property is in custodia legis& as where it is under attachment, or was seiFed under a search warrant or distrained for ta1 assessment. 4 De"endant entitled to return o" property ta5en under writ i"* a) he seasonable posts redelivery bond b) plaintiff3s bond if insufficient or defective c) property is not delivered to plaintiff for any reason. & replevin bond is only intended to indemnify defendant against any loss that he may suffer by being compelled to surrender the possession of the disputed property pending trial of the action. !hus, surety not liable for payment of ,udgment for damages rendered against plaintiff on a counterclaim for punitive damages for fraudulent or wrongful acts committed by the plaintiffs which are unconnected with the defendant3s deprivation of possession by the plaint Special (i)il Actions Rule !2: Interpleader Q. Why are these called C3pecial &ivil ActionsD? A. Because of their nature, there are special procedures to follow. The first of this special civil action is the case of an interpleader. Q. What is the concept of an interpleader? A. Example: A leased an apartment to B. 3o, pursuant to this agreement, B have been occupying this apartment paying the rentals. After the lease period has run, letEs say, si7 (@) months, here now surfaces &. & said, CB does not pay anymore the rentals to A, this apartment is mine. 1ay to me.D B is in a dilemma. 'f he (B) pays to A and it turns out later that & has a better right, he runs the ris+ of paying twice. 'f he pays to &, he runs the ris+s of paying again to A because & may not have the right. Q. 'f you were B, what is the remedy available to you, so that regardless of who is the party entitled to receive, you will be protected? A. =ile a suit for interpleader. B vs. A and &. Why? 3o that A and & can fight it out in this case. 3o, B initiates the complaint against two (2) people who do not want to go to court and litigate. 3o, this process of interpleader, A and & are compelled to fight each other. That is the concept of interpleader. Sec. / Rule !2 %henever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever is the subject matter, or an interest which in whole and in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. We now have this complaint by B against A and &. Q. What is the prayer of B here? A. That A and & be directed to interplead with each other. :eaning, that A and & should fight it out and have this matter of who is entitled to the rental. Actually, it is not B who is fighting A or &. 't is A and & who are fighting each other. Q. But who initiated the fight between the two (2)? A. B. Q. What now is the procedure to be followed by the court when this interpleader action was filed? A. Actually, A and & will also be summoned under 0ule 9. But with this difference, accompanying the summons is an order of the court. Sec. 2 Rule !2 (pon filing of the complaint, the court shall issue an order re#uiring the conflicting claimants to interplead with one another. )f the interests of justice so re#uire, the court may direct in such order that the subject matter be paid or delivered to the court. 3o, the sheriff now serves on A and & the summons. Together with the summon is that order of the court directing A and & to interplead with one other. 3o, A will file his answer.
:ay any of them A and & file also a counterclaim. A. Rule !2 %ithin the time of filing an answer. third. After the pleadings of the conflicting claimants have been filed and preKtrial have been conducted in accordance with the rules. 8es. or Ad) 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 offer thereof. the impropriety of the action is not a ground for a motion to dismiss.party complaints and responsive pleadings thereto. Q.ect matter of the action or has interest therein in whole or in part which is not disputed by the other parties (NTER0ENT(ON 1. A and B.udicate their counterclaims. but shall not be less than five 897 days in any event. Q. 't means to say following the preKtrial. on motion. Section . the court shall proceed to determine their respective rights and ad. The parties in an interpleader action may file counterclaims. as provided by these Rules. crossKclaims. 9 0ule @2. 'n ordinary civil action. it is. trial proper will now proceed. rec$oned from notice of denial. Sec. 3o. presupposes that plaintiff has no interest in the sub. 3o.udicate the counterclaims. :ay a motion to dismiss the action for interplead be filed by A and &? &an A and & avail of 0ule @. But here. 'n an ordinary civil action. And of course. 0ec. A(ule 18. Q. or Ac) an interest against both. RENE NOTES: (NTERP6E-)ER 1. 5 Rule !2 5ach claimant shall file his answer setting forth his claim within fifteen 8!97 days from service of the summons upon him. the movant may file his answer within the remaining period. & will file his answer. Q. 3ec. 5 0ule @2 covers that situation already mentioned earlier. the grounds for a motion to dismiss under 0ule @2 are more encompassing than the ground of a motion to dismiss under 0ule @. The period to file the answer shall be tolled and if the motion is denied. 3o. #nder 0ule @2. a crossKclaim? A. After A and & have been summoned. the court may. the plaintiff against him is &. or Ab) success of either of the parties. the motion to dismiss can be filed only before the answer has been filed. cross. e7cept with this provision where they have to furnish each other with copies of their pleadings. thirdKparty complaints and responsive pleadings thereto as provided by these 0ules.uestion is answered by this 3ec. do the defendants furnish each other copies of their answers? /o. Do you now see why this is a special civil action? A. )f any claimant fails to plead within the time herein fi"ed. the defendants furnish each other. Q. -e will give his reasons why the rental should be paid to him. there is nothing special about this. an original action 2. The parties in an interpleader action may file counterclaim. Who will be furnished copy of the answer of A? A. A will furnish B and &. 'n the answer of A and &. will ad. 'nsofar as & is concerned. Q. Who will be furnished with the copy of the answer of &? A. each claimant may file a motion to dismiss on the ground of impropriety of the interpleader or on other appropriate grounds specified in Rule !D. declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. A is the plaintiff against him. What do you notice with respect to the ground of a motion to dismiss an interpleader action and a motion to dismiss in an ordinary civil action? A. This is how 0ule @2 wor+s. After the court has conducted the preKtrial and received the evidence. proper in any of the four situations* persons having Aa) legal interest in the matter of litigation. they will file their answer serving the plaintiff B and other defendants of the copy of the answer. ancillary action 2. each will assert his right to the rental in this e7ample.117
Q. What now is the disposition of the court with respect to these cases? A. This . the court will now determine who between A and & is entitled to this rental. 1)
. insofar as A is concerned.claims. Why? Because they are the ones litigfating. before they file their answer? (coG remember under 0ule @. serving a copy thereof upon each other conflicting claimants who may file their reply thereto as provided by these Rules.
There are certain provisions here. a will. The idea here is to secure from the court a declaration as to the validity of the instrument or of the law. Q. 3o. an ordinance.ect matter of a declaratory relief? A. A person may be interested in a law. -e may want to +now what his rights are or what his obligations are.uor. the court is actually called upon to render an opinion in a case involving these documents agreed upon. a court is not re. does not as a matter of course render an opinion on abstract matters or hypothetical cases. his rights under this law or instruments are affected. &an he now file an action in court against B for the purpose only of obtaining a declaration from the court on what his rights are. Example2 A and B entered into an agreement. under this law the court may or may not agree to entertain an action for declaratory relief. But other cases of declaratory relief may be denied due course by the court. defendants are original parties to the pending suits Rule !": *eclarator% Reliefs and Similar Remedies Q. 3o. there will be a suit that will arise. But this is a sort of an e7ception to this. the instrument. 't cannot settle abstract matters. in other words. what must be established is the concurrence of all these circumstances2 ) There is an instrumentH there is a willH there is a written contract or there is law 2) This written instrument or this law affects the right of a personH %) A person wants this law or this instrument to be interpreted. a contract or any other written instrument under a law. 3o he goes to the court and in effect to as+ for an opinion. or there is a law or ordinance. what his rights are. 't settles only actual conflicts. A person whose interest thereunder is a deed. 3o. The provisions of the written instrument or the law may be vague giving rise to uncertainties. what his obligations are under the law or under a written document? A. 8es.uite comprehend it. There are also provisions here. can he now file an action against the authorities to determine what his rights are or his obligations are under this ordinance? A. Ta+e note that a court is supposed to determine actual controversies. These are the following actions2 an action to . he may be affected by an instrument. defendants are being sued precisely to interplead them . in the case then of the declaratory relief. he wants to +now in advance what his rights are. :or this declaratory relief rules to apply. these provisions are vague. under a written instrument or a law.
These three (%) actions mentioned. under the contract or under the written agreement or under the instrument or under the law.118
. this law affects him so he wants to +now what his rights are. As a rule. That is the concept of a declaratory relief. which impose on B certain obligations and also certain rights. what his obligations are. say regulating sale of li. What is the sub.uired to give advisory opinions. But in the case of A. (he may be affected by a law). relief. We said that the court. What is the situation contemplated by 0ule @%? A. there must be a threatened suit that may arise out of itH and
.ect matter of the suit involves a contract of sale with right to repurchase. he cannot .uor distributor. 3o. when brought under the provisions on Declaratory 0eliefs cannot be dismissed by the court. what his obligations are under this law. Q. Q.uite title to a property or to remove a cloud over a propertyH an action for the reformation of an instrumentH an action for consolidation of ownership where the sub. that can be done only before there has been a breach of the written document. A is a li. That is why. on what the rights of B are. on what his obligations are. the idea of the party filing the case is to +now before there is a breach of the law on the agreement or written instrument. And he (A) fears that there may be a litigation arising out of it. suits that may be brought under the provisions of these rules on declaratory which the courts cannot decline to entertain. $f course. what is the idea behind the suit now that the party in this written instrument may file? A. e7ecutive order. 't is being as+ merely to interpret an instrument or a law or it may be as+ed only to declare what would be the proper construction or interpretation of the law or of the written instrument. because if you will not determine this. which confer on A certain rights and imposes him certain obligations. to be given a constructionH 9) At the time the suit is brought. ) 2) %) There are however. Q. &an you now bring an action in court to determine what his rights are. the possibility of a suit arising out of this vagueness of this instrument or this doubtful character. But under the law on declaratory relief. 't must have to entertain.
may he (B) be held liable? Q. Q. This is the sole purpose. Q.D 't cannot be enforced by e7ecution because there is nothing to enforce.udgment? A.ustifiable. $n the other hand. under this contract. 't merely declares. there is a breach. Example: 8ou will notice that this case here illustrates that first part of the rule where a party filing the case is interested under a contract. 't will simply be a declaration of whatever or not this law is valid or not. what his obligations are. B here may file an action for declaratory relief against & and A. This is his main purpose. it will be useless. Nround for instance. letEs say. The court refuses to give it due course. Call those persons whose rights are affected by this instrument must have to be made parties. Why? Because the party who is necessary can always later on .124
5) This controversy is . then a declaratory relief petition may be filed. 's there anything in the . Who will be the parties against whom. whatever . The law says. A was supposed to load this supplies on a ship belonging to A for delivery to B. And those who are not made parties are not affected by whatever . & now delivers to B what A was supposed to deliver. To find out whether he is liable under this or he is not liable. one way or the other. the court can decline.udgment may be rendered in a case. 3o. what his obligations are under this contract of & and A. -e can file an action against the municipality of F for declaration of whether this law is valid or not. This law. 't is as if it were an ordinary civil case. ta7es which are much higher than the amount he is presently paying.uor. But he is in doubt whether this is applicable to him or not applicable to him because of the vagueness of the law. The law says.D Q. &an the petition for declaratory relief be maintained? A. here are the obligations. is a law.uestion an instrument or the law in a separate proceeding and so this declaratory relief will not put an end. What is he allowed to do before there is any breach of this law by him? A. 6et us now assume that the petition for declaratory relief is filed.uor. 't will simply declare what rights of A has under the contract.
. What is the remedy here? A. 't does not resolve an actual controversy. 6et us assume that in our contract.udgment that can be e7ecuted? A. CB beginning this 4th year. 's B bound by this contract? A. Does this contract bind him or it does not bind him? 3o. What obligations he has. Q. A Assigns his rights under this contract to &. This contract calls for a ten ( 4) year period. Q. A. What will be the . 1ursuant to this contract of A and & now says to B. The other sub. affects him. in our e7ample. & now is the transferee. Example: (how this rule wor+s) -ere is a contract entered into between A and B. 3o. $n the ! th year of the period. or there is a violation of the law. /o more. -ere is 8.ect matter of a rule on declaratory relief. Although there is a decision cited in the boo+ of :oran to the effect that when a necessary party is not impleaded. /o. Cif the petition was entertained by the court but while the case is pending in court. What will be the prayer now of B here? A. there is a violation of the agreement. before there is any breach by A and B or & on this contract. That is allO Q. Q. on business establishments selling li. ' will now be the one to supply you the materials which A under the contract supposed to deliver to you. that A underta+es to deliver supplies to B. A. and B refuses.udgment the court may render will not put an end to the uncertainty that brought about the controversy. which affected by that law or contract or ordinance? Who will be the defendants? A. -e doesnEt +now what his rights are. Why? Because this is merely declaratory. The municipality of F for instance which passed an ordinance on ta7es. now he is supposed to pay. =or instance. the court may opt to consider it so it will hear the case. -e will now pray that the court interpret this contract involved here and find out what his rights are. who is a license dealer of li. then B can go to the court to declare what his rights are. Chere are the rights. an ordinance or an e7ecutive order which affects the rights of a person.
he wanted to find out what his rights are under that . he registered himself as a &hinese citiGen. What was his purpose here? A. &an there be an action for declaratory relief to declare that a certain person is or is not a =ilipino citiGen? A. there must be no breach or violation of instrument or statute 2.usticiable controversy 2. this is your obligation.udgment. 'n one case.udgment.uestion of doubt arising from that unilateral act. this in essence is the concept of Declaratory 0elief. Q. which is the basis of this petition.udgment. The court will now resolve with finality the rights of the plaintiff and his obligations. relief sought is merely a determination of the rights and duties /. plaintiff A paid the ta7es. it will now try the case and render a . 6etEs go bac+ to the cases mentioned which can be filed under this provision< on rules on declaratory relief namely2 ) an action to . 'f he was in doubt as to what his rights are. there is a written instrument. Q. The court will now treat this as an ordinary civil action. the suit was filed by A against B. 3o that he now wants that he be declared a =ilipino citiGen. 'n other words. in our e7ample here. there is one compelling reason why this petition was dismissed and that is the rule on res . /o one is interested in that document which he e7ecuted e7cept himself. if ta7payer paid the ta7es while the case is pending. =or instance. Why? Because that was a unilateral act on his part. &an this declaratory relief be continued? A. 'n one case. Cthis is your right. When the case was pending.udgment there can be enforced by e7ecution. he could have filed a motion in court to clarify the . 3o. The documents. &ould the petition for declaratory relief be validly filed to secure a declaration that a person is a =ilipino citiGen? A. -e could have appealed from the . . There is another remedy. etc<D 3o. the court can no longer simply declare what are the rights and obligations. Q.ect of the petition for declaratory relief is a written instrument or a law or an ordinance. Q. his having registered himself as a &hinese notwithstanding. But in a case of validity or invalidity. 't cannot be sub. Because it is merely a statement. 3o. adverse claim between real parties in interest .udgment was rendered against B.udicata. /o. Q. this petition for declaratory relief is available only when there is no other available remedy against a written instrument or against a law .121
6etEs assume in this e7ample of A filing the action against the :unicipality to contest the validity of the ta7 ordinance. there is nothing that it can be enforced. there can possibly be no . he could have filed a motion for clarificatory . he always considered himself as a =ilipino. 'n his petition he alleged that because of his fear. After the war. 3o. That has been already resolved with finality. 3o. no other available or sufficient remedy
. But of course. F went to the office of the municipal treasurer of his town and registered himself as a &hinese citiGen. 3o. B now filed an action for declaratory relief based on this . Why? Because an action of this nature is not based on any document. /o. which he signed when he registered himself as a =ilipino does not constitute a written agreement. 's the remedy of a declaratory relief petition. proper in this case? A. the . it is not based on any written agreement. To serve a declaration that he is a =ilipino. he now instituted an action for declaratory relief against the government.ect of another litigation. when there are still available remedies. sub. What will happen then? A. RE4E 4:2ES: Requisites for )eclaratory Relief 1. Q. 'n other words.udgment. there is already a breach of the law sought to be clarified. And the . =irst. 't can no longer be continued. there are other remedies available to A to find out what his rights are. The documents. Why not? =irst.udgment. this cannot be resorted to. 3ince the sub.uite title to property or to remove a cloud on a propertyH or 2) an action for reformation of an instrumentH or %) an action for consolidation of ownership.udgment which can be enforced. which is the basis of this petition. These cases cannot be declined to be entertained by the court. in !9 when war was about to brea+. The petition was dismissed outrightly. /o more.ect matter is a written instrument or a statute ". /evertheless. 't must have to decide those cases.
The . money and effort if the proceedings will continue until terminated. The remedy could be a petition for certiorari.ected to by the adverse party and the court has rendered . the 0T& KKKKKKKKKKKKKKKKKKKKKK .udicial function. But definitely. The motion is denied. (owever. The appeal is by certiorari under 0ule 95. declaratory relie" may still be availed even i" t!ere is breac! or violation I+ * 1. &an you appeal if you were B from this order denying your motion to dismiss? A. Calomar A2/ 09(A 726)K or 2. there must be a clear legal right or duty 2. speedy and adequate remedy Requisites of . Kou cannot appeal from an interlocutory order. The . speedy and adequate remedy in the ordinary course of law + A writ o" certiorari can never be issued by an (!9 against an administrative agency because an administrative agency when e1ercising quasi).atalin 9oconut Croducers A1" 09(A 1)K Rule !5: (ertiorariC #ro6i$ition and 'andamus There are two (2) types of certiorari.uestion of law. RENE NOTES: + In a petition for certiorari. the respondent is e1ercising . the court may order dismissal of the complaint because it is part of the incidental relief A-ewsweek vs. duty or act to be performed must be e1isting < correlative right will be denied if not performed by the respondents /. #nder 0ule @5. there must be a controversy 2. 8ou could .udgments of the 3andiganbayan may be appealed to the 3&.udicial or quasi). What is the remedy here if you cannot appeal? A. a writ of prohibition may be issued by the (!9 against administrative agencies only when what is sought to be prohibited is a ministerial function but not quasi). $ne. E#ceptions:.udicial functions . not a certiorari under 0ule @5. no plain. the remedy is certiorari under 0ule 95.udicial functions is considered as of the same rank as the (!9. prosecuted manifestly for delay .urisdiction of the 0andiganbayan over certiorari proceedings is only in aid of its appellate . questions raised are too unsubstantial to warrant further proceedings
. speedy and adequate remedy Requisites of Pro+i1ition: 1. 3o.uestion the order denying the motion to dismiss.udgment and there is an appeal therefrom on a .udgment after full blown trial J.122
!R: >eclaratory relief is available @&?$(& there is actual breach or violation of an instrument or statute. there must be no other plain. the :T& has . the respondent is e1ercising . patently without merit 2. there must be a controversy 2.udgment rendered by the :T& here will be void. the respondents acted without or in e1cess of its .andamus: 1. the respondents acted without or in e1cess of its . you will go to a process of getting this case heard and decided by the :T&.udgment of the &A may be appealed to the 3&.urisdiction or acted with grave abuse of discretion ". if you do not correct this error.urisdiction. it concerns future application of the instrument or law J=omeF vs. the order of denial is wrong.D Q. -e then said. 6oo+ the order of dismissal is merely interlocutory. and you are B. !rounds for )ismissal of Petition: 1. B here filed a motion to dismiss on the ground of lac+ of . This is clear in 3ec. /o. it is in this sense that in this (0ule 95) certiorari is not the certiorari mentioned in 0ule @5 because 0ule @5 does not contemplate an appeal. + !he . Why? Any .urisdiction. there must be no other plain. Example: A sued B in the :T& for nullity of marriage. (c) of 0ule 9 . as an appealed remedy from a final . The remedy is certiorari under 0ule 95.udicial or quasi). B may . To better have an idea of what 0ule @5 covers we may have this situation. he can comply with it. not ob. the act to be performed must be practical < within the powers of the respondent to perform such that if the writ of mandamus was issued.urisdiction. or else the essence will be defeated . respondent must be e1ercising a ministerial duty < a duty which is absolute and imperative and involves merely its e1ecution ".urisdiction or acted with grave abuse of discretion ". 3o.udgment or order of for instance.ust imagine the waste of time. Q. IA9) Requisites of Certiorari: 1.udicial or ministerial functions .
even if the petition prospers. . appeal and certiorari are remedies that does not e1clude each other. EFCEPT* 1. forfeiture.ere filing of petition for certiorari under this rule will not stay e1ecution of . %hen he agrees to sell but an agreement as to price cannot be reached *Purpose of Preliminary )eposit under Sec" . a motion "or reconsideration is an essential precondition for the filing of the petition for certiorari as a form of a plain. A09 Admin.-N)-. With respect respondent. #ence. if the assailed .if suggested by the court a quo !ENER-6 R%6E: If after . 9ir. EFCEPT(ON: If after . 442)4 ) Rule @@: Euo 2arranto Euo 2arranto = A proceeding or writ issued by the court to determine the right to use an office. A:ansang vs. can call upon any person to show by what title he holds a public office or e1ercises a public franchise ) three grounds* usurpation. and adequate remedy. 17" 09(A 09(A 2 4) + . if the issue has been raised and promptly passed upon by the court ". if for public purpose 2. .urpose of the writ' CERT(OR-R( +Intended as a corrective remedy +Annul and modify a proceeding >iscretionary act &1ercising .udicial function non)
)ct sought to controlled.
* I" a motion "or reconsideration or new trial is "iled t!e period s!all not only be interrupted but anot!er 67 days s!all be given to t!e petitioner.udicial and quasi). if the issue is purely a question)of)law /.udgment. in such a case appeal is deemed abandoned. E%O 2-RR-NTO >esigned to try the right or title to the office. when there is e1treme urgency . 8uo warranto may also be used when an association acts as a corporation within the Chilippines without being legally incorporated or without lawful authority so to act. the right to the office itself is disputed Euo 2arranto in Electoral Proceedin/ ) !o contest the right of an electoral public officer to hold public office. Creliminary in.inisterial act Dudicial andGor . Its purpose is to give the court a quo the opportunity to correct itself.udicial function . ) an electoral proceeding under the $mnibus &lections 9ode for the e1clusive purpose of impugning the election of a public officer on the ground of ineligibility or disqualification to hold the office ) petition must be filed within 14 days from the proclamation of the candidate ) may be filed by any registered candidate for the same office and.
.%S Intended to compel performance of an act desired . or illegal association ) presupposes that the respondent is already actually holding office and action must be commenced within one year from cause of ouster or right of petitioner to hold office arose ) the petitioner must be the government or the person entitled to the office and who would assume the same if his action succeeds.udgment the petition for certiorari is availed of when appeal is plain. would not be entitled for that office.udgment an appeal has been perfected. position or franchise and to oust the person holding or e1ercising such office.unction must be sought.oney 2. speedy and adequate remedy then the petition must fail for certiorari may not be resorted to as a substitute for appeal.-N)-. 9A.udgmentGorder is a patent nullity 2.udicial function PRO9(:(T(ON Crevent the commission or carrying out of an act >iscretionary and ministerial act DudicialGor non). speedy and adequate remedy. 9hoses in action 4 9!en is e#propriation proper: 1. speedy. Rule @H: E#propriation & All properties may be e#propriated e#cept: 1. office or franchise . . position or franchise if his right is unfounded or if a person performed acts considered as grounds for forfeiture of said e1ercise of position. in this light. a petition for certiorari relating to certain incidents therein may prosper where the appeal does not appear to be the plain.12
+ As a !ENER-6 R%6E. %hen the owner refuses to sell 2. who.%S Applicable only in cases where the right to the office is -$! in dispute Euo 2arranto in Electoral Proceedin/ ) prerogative writ by wGc the govt.
5pon payment or tender of compensation fi1ed by the .udgment or even after the foreclosure sale but prior to confirmation ) governed by (ule 27 J%)!. >etermination of the authority of the plaintiff to e1ercise the power of eminent domain and the propriety of the e1ercise in the conte1t of the facts involved. advance payment for . upon payment of .udgment of the court A0unlife Insurance vs.PT(ON ) right of the debtor.ust compensation + $nly an A-0%&( is allowed under 0ec.udgment shall state* 1.udgment shall state* 1.udice to the right to present evidence on . 0ec. >ieF) b. -on)resident mortgagor unless there is attachment .ort/a/e a/ainst t+e :uyer of t+e . A0ec.PT(ON ) right of the defendant mortgagor to e1tinguish the mortgage and retain ownership of the property by paying the debt wGin 84)124 days after the entry of the . his successor in interest or any . 6 (ule 72 when mortgagor dies. serving notice to defendant and after depositing of assessed value of property for ta1ation purposes with authoriFed government depository A0ection 2) 2.udicial creditor or . 28) 1 of (ule 8 E44ECT O4 J%)!.unior encumbrancer to pay the amount stated in the order of e1ecution or to redeem the property in a specified time +Remedy of . !o vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the action !o vest the real estate in the
I" t!e w!ole property is assigned to one o" t!e parties upon !is paying to t!e ot!ers t!e sum or sums ordered by t!e court I" t!e property is sold and t!e sale is
CONTENTS O4 J%)!. + 2+en may plaintiff enter into possession of property H 1.ust compensation.udgment on the right to e1propriate without pre. the
. his equity or right of redemption is not affected or barred by the .udgment creditor of said debtor or any person having alien on the property subsequent to the mortgage or deed of trust under which the property is sold to redeem the property wGin one year from the registration of the 0heriff3s certificate of foreclosure sale ) governed by 0ecs. b) buyer bought the property in good faith ) !o prevent this. 14) ) i" real property. the mortgagee must file his claim with the probate court ". (ule 26. A2) the particular portion of the estate assigned to each party !he . 5pon filing of complaint. his right is not affected because he is merely a necessary party not an indispensable party c. the fact of such payment. the assignment of the real estate to the party making the payment !he . (ecto law 2. in severally the portion of the estate assigned to him. the mortgagee must annotate a notice of lis pendens in the certificate of title so that subsequent buyerAs) have notice. * 2+en is Title 0ested in E#propriation: ) i" personal property.ortgagees can substitute or implead the buyer. !hird person owned the property mortgaged but not solidarily liable with the debtor J%)(C(-6 4OREC6OS%RE (equires court intervention !here is only an equity of redemption Alternative remedy to personal action for the amount due to satisfy mortgage debt EE%(T8 O4 RE)E.udgment shall state definitely* A1) by metes and bounds and adequate description.udgment and payment of the costs by plaintiff A0ection 14) Rule @I: 4oreclosure of Real Estate .C&-0A!I$-. and 2. no other responsive pleadings are allowed
* )eclaration of )efault ) !he defendant cannot be declared in default. provide damages if court finds plaintiff has no right to e1propriate 2.ENT !he .12"
1.ort/a/e Property: ) .ust compensation A0ec. 18 (ule ) #owever& t!is rule s!all not apply i": a) the property is covered by the !orrens 0ystem. upon registration A0ec. the remedy of the senior encumbrancer is to file an I->&C&->&-! proceeding to foreclose the right to redeem by requiring the . 1 ) ST-!ES (N EFPROR(-T(ON 1.ENT I" actual partition o" property is made EFTR-J%)(C(-6 4OREC6OS%RE -o court intervention necessary (ight of redemption e1ists Croper only when provided for in the contract R(!9T O4 RE)E. ?ailure to file an answer would result to the court3s .ort/a/e *Effect in t+e Encum1rancer is not (mpleaded a. and 2.ENT !o vest in each party to the act. >etermination of D50! 9$. + (nstances '+ere Court cannot render )eficiency Jud/ment 1.
444 < outside . A2) files sufficient superseades bond to pay the rents. non)payment of rentals. a definite description of the parcels of the real estate sold to each purchaser purchaserAs) making the paymentAs).udgment appealed from. 9A.etro .unction to restore plainti"" in possession i" t!e court is satis"ied t!at * 1. and A ) deposits with the appellate court the amount of rent due from time to time under the contract or in the absence of a contract. if a forcible entry is allowed only after a number of years then it may well be that no action for forcible entry can really prescribe. C/4.udicial partition between the parties. !hreat or 0tealth A?I0!0) +no previous demand for the defendant to vacate the premises is necessary +the plaintiff must prove that he was in prior physical possession of the premises until he was deprived thereof by the defendant +the 1 year period is generally counted from the date of actual entry on the land Tenor of )emand: a. -CC(ON P%:6(C(-N+a plenary action for the recovery of the real right of possession has lasted for more than one year.444 within . Cay -N) 'acate.12/
con"irmed by t!e court name of the purchaserAs). 9?I of 0orsogon) +!he doctrine of tolerance applies only if possession is lawful from the start. does the plaintiff ask the restoration of possessionH A>iFon vs. damages and costs occurring down to the time of . who had actual possession over the piece of real propertyH Second. defendant3s appeal is frivolous or dilatory. strategy or stealthH T+ird. appeal of plaintiff is prima facie meritorious.444 within . C/4.ectment considers implied contracts. ) If there is no formal contract between parties. there can still be unlawful detainer because e.anila
+(!9 has . +.anila.urisdictional if the ground is* 1.!9 has . or b. failure to comply with lease of contract +the plaintiff need not have been in prior physical possession +period is counted from the date of last demand or last letter of demand
+Jud/ment on Ejectment Proceedin/ are (mmediately E#ecutory %nless t+e )efendant: A1) perfects his appeal.444 outside .
T'o <. was the possessor ousted therefrom within one year from the filing of the complaint by force.!9. free from the claims of the parties to the action. 0trategy. or 2. or 2. either forcible entry or unlawful detainer +All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid rentals sought to be recovered should be brought to the . #ow to actually partition the property + !he appointment o" 'ommissioners is mandatory unless there is an e1tra). and 2.etro . Rule HC: 4orci1le Entry and %nla'ful )etainer T+ree <A ?inds of -ction for Recovery of Possession -CC(ON (NTER)(CT-6 +summary action for the recovery of physical possession where the dispossession has not lasted for more than one year.anila.
+(!9 has .anila. +.etro .444 < outside .444 within .urisdiction if the value of the property e1ceeds C24.anila. C/4. 21" 09(A 212) +Euestions to 1e resolved in an action for forci1le entry are* 4irst.ectment proceeding under (ule 64. Intimidation.*' may issue a writ o" preliminary mandatory in. the reasonable value of the use and occupation of the premises on or before the 14th day of each succeeding month or period. 2. (ssues in an -ction for Petition 1. 9omply with the condition of the lease -N) 'acate
%N6-24%6 )ET-(NER +possession is inceptively lawful but it becomes illegal by reason of the termination of his right to the possession of the property under his contract wG the plaintiff +demand is .urisdiction if the value of the property does not e1ceed C24.unoF vs. +e. -CC(ON RE(N)(0(C-TOR(+an action for the recovery of ownership wGc necessarily includes the recovery of possession. In short said doctrines applies only to unlawful detainer cases and not to forcible entry because* 1.etro .anila
4ORC(:6E ENTR8 +possession of the land by the defendant is unlawful from the beginning as he acquires possession by ?orce.444 within .urisdiction if the value of the property does not e1ceed C24. %hether or not a co)ownership e1ists 2.anila. Cossession by tolerance creates an implied promise to vacate the premises upon the demand of the owner* ACeran vs.etro .etro .urisdiction if the value of the property e1ceeds C24. 9oncina)
.444 outside . threat. C/4. upon motion of plaintiff within 14 days from perfection of appeal. + #owever t!e . the violation of the right in forcible entry authoriFes speedy redress.etro .etro .!9 has . A.anila.
provided such person files a bond and conditioned that he will abide by and perform the . d) (efusal to be shown or to answer as witness or to subscribe an affidavit or deposition. or . liquidated damages since they are already part of the contract Rule H1: CONTE. (!9 < fine not e1ceeding C2. If committed against* a. the fair and reasonable value of the use and en.oyment of the property or the rent arising from the loss of possession.ected.PT )(RECT CONTE. b) >isobedience of or resistance to a lawful writ.122
4 *!e court can award damages in e. of a person or property in the custody of an officer. order. b. !he e1ecution of the . (!9 < fine not e1ceeding C 4.udged for indirect contempt may appeal such .
+Remedies to C+allen/e Contempt Jud/ments: )irect Contempt ) !he person ad.444 or imprisonment not e1ceeding A1) month or both
If committed against* a.!9 < fine not e1ceeding C/.udgment shall be suspended pending resolution of the petition. or both. or attempted rescue.444 or imprisonment not e1ceeding 2 months or both.udged in contempt. b.PT Cunished after being charged and hearing =($5->0* a) misbehavior of an officer of a court in the performance of his official duties or in his official transactions.udgment against a person ad. .ectment cases provided t!e damages re"er only to* a. !he person ad. c) Any abuse or any unlawful interference wG the proceedings not constituting direct contempt d) Any improper conduct tending to degrade the administration of . arrears.!9 < fine not e1ceeding C244 or imprisonment not e1ceeding one A1) day. .udgment.PT +summary in nature =($5->0* a) misbehavior in the presence of or near a court as to obstruct or interrupt the proceedings b) disrespect towards the court c) $ffensive personalities towards others. (ndirect Contempt . (N)(RECT CONTE.444 or imprisonment not e1ceeding A14) days or both b. !he e1ecution of the . 5nauthoriFed intrusion to any real property after being e.udged to be in contempt is immediately e1ecutory and can be stopped only by filing a bond.udgment should the petition be decided against him.
. )!he .udgment or final order to the proper court as in criminal cases. e) Assuming to be an attorney or an officer of the court wGo authority. f) failure to obey a subpoena g) (escue. c.udgment shall -$! be suspended until a bond is filed by the person ad. process.ustice.udged in direct contempt may avail himself of the remedies of certiorari or prohibition.