Professional Documents
Culture Documents
Part 1: Jurisdiction Ii. Specific Jurisdiction: Civil Procedure Remedial Law
Part 1: Jurisdiction Ii. Specific Jurisdiction: Civil Procedure Remedial Law
Supreme Court
DEFINITION • The judicial power shall be vested in one SC
and in such lower courts as may be established
• Power of the court to hear an action or by law. [Art. 8, Sec. 1, Consti]
proceedings, and to render a judgment thereon
which will bind the parties to such action/ SC’S POWERS [Art. 8, Sec. 5, Consti]
proceeding. [Regalado] 1) Have original jurisdiction over:
• Judicial power includes the duty of the courts of a) Cases affecting ambassadors and other
justice: [Art 8, Sec. 1, Consti] public ministers and consuls;
1) To settle actual controversies involving b) Petitions for certiorari, prohibition,
rights which are legally demandable and mandamus, quo warranto, and habeas
enforceable; corpus.
2) To determine WON there has been a 2) Review/revise/reverse/modify/affirm on appeal
GADALEJ on the part of any government or certiorari, final judgments/orders of lower
branch/instrumentality. courts on:
a) Constitutionality/validity of any treaty,
international or executive agreement, law,
I. PRESCRIBED JURISDICTION presidential decree/proclamation/order/
instruction, ordinance or regulation;
b) Legality of any tax/impost/assessment/toll,
or any penalty imposed in relation thereto;
• Jurisdiction over a particular subject matter.
c) Any lower court’s jurisdiction;
• Conferred only by the Constitution or by law.
d) Criminal cases where the penalty imposed
• Determined by the allegations in the complaint.
is reclusion perpetua or higher;
• An error in jurisdiction can be raised at any
e) Only errors/questions of law are involved.
time and even for the first time on appeal.
• Exception: [Josefa v. Zhandong
[David v. Cordova (2005)]
(2003)]
• Cannot be waived; Judgment without
(1) The conclusion is grounded on
jurisdiction is void.
speculations/surmises/conjectures;
• Exception: Jurisdiction by estoppel.
(2) The inference is manifestly
[Soliven v. Fastforms (2004)]
mistaken/absurd/impossible;
• Rationale: To prohibit parties from
(3) There is GAD;
accepting judgments of court only if
(4) The judgment is based on a
favorable to them.
misapprehension of facts;
• Cannot be the subject of compromise [Art.
(5) The findings of fact are conflicting;
2035, CC]
(6) There is no citation of specific
• Once attached to a court, cannot be ousted by
evidence on which the factual
subsequent statute.
findings are based;
• Exception: The statute itself conferring
(7) The finding of absence of facts is
new jurisdiction expressly provides for
contradicted by the presence of
retroactive effect. [Southern Food v. Salas
evidence on record;
(1992)]
(8) The CA’s findings are contrary to
• The filing of the complaint or appropriate
those of the trial court;
initiatory pleading and the payment of the
(9) The CA manifestly overlooked
prescribed docket fee vest a trial court with
certain relevant and undisputed
jurisdiction over the subject matter or the
facts that, if properly considered,
nature of the action.
would justify a different conclusion;
• Exception: The court may allow payment
(10) The CA’s findings are beyond the
of the fee within a reasonable time, but in
issues of the case;
no case beyond the applicable prescriptive
(11) The CA’s findings are contrary to
period. [IBP v. Legasto (2006)]
the admissions of both parties.
3) Temporarily assign judges of lower courts to
other stations as public interest may require,
which shall not 6 six months without the
consent of the judge concerned.
4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
5) Promulgate rules on:
a) Protection and enforcement of constitutional
rights;
b) Pleading/practice/procedure in all courts;
c) Admission to the practice of law;
d) The integrated bar;
e) Legal assistance to the under-privileged.
• Guidelines on the rules:
(1) Simplified and inexpensive procedure
for the speedy disposition of cases;
(2) Uniform for all courts of the same
grade;
(3) Not diminish/increase/modify
substantive rights.
CLASSIFICATION OF ACTIONS
• As to nature:
• As to object:
• As to cause:
Action in rem Action in Action
personam quasi in rem
Real action Personal Mixed action
Directed against Directed against Directed against
action
the thing itself particular particular
Ownership or Personal Both real and
persons persons
possession of property is personal
Jurisdiction over Jurisdiction over Jurisdiction over
real property is sought to be properties are
the person of the person of the person of
involved recovered or involved
the defendant is the defendant is the defendant is
damages for
not required required not required as
breach of
long as
contract are
jurisdiction over
sought
the res is
Founded on Founded on Founded on
acquired
privity of real privity of both
A proceeding to An action to A proceeding to
estate contract
determine the impose subject the
Filed in the Filed in the The rules on
state/ responsibility/ interest of a
court where the court where the venue of real
condition of a liability upon a named
property (or plaintiff or any actions govern
thing person directly defendant over
any portion of the
a particular
thereof) is defendants
property to an
situated resides, at the
obligation/lien
plaintiff’s option
burdening it
Ex: Accion Ex: Action for a Ex: Accion
Judgment is Judgment is Judgment is
reivindicatoria sum of money publiciana with
binding on the binding only binding upon
a claim for
whole world upon parties particular
damages
impleaded or persons
their successors
• As to place of filing: in interest
Ex: Accion Ex: Action for Ex: Action for
Local action Transitory action reivindicatoria; specific partition; action
One that could be One that could be annulment of performance; to foreclose real
instituted in one specific prosecuted in any one of marriage; action to estate
place several places naturalization recover money mortgage
proceedings or property
(real or
personal)
B. CAUSE OF ACTION
3) To avoid the costs and expenses
incident to numerous suits.
DEFINITION
EFFECTS OF SPLITTING A CAUSE OF ACTION [Rule
• CAUSE OF ACTION – The act/omission by 2, Sec. 4]
which a party violates a right of another. [Rule 1) Filing of the 1st complaint may be pleaded in
2, Sec. 2] abatement of the 2nd complaint, on the ground
of litis pendentia; or
ELEMENTS OF A CAUSE OF ACTION 2) A judgment upon the merits in any of the
1) Plaintiff’s legal right; complaints is available as a bar in the others,
2) Defendant’s correlative obligation to respect on ground of bar by former judgment or res
plaintiff’s right; judicata.
3) Defendant’s act/omission in violation of 3) A MTD under Rule 16 Sec. 1(e) or (f) may be
plaintiff’s right. filed in order that the complaint may be
dismissed.
• Every ordinary civil action must be based on a
cause of action [Rule 2, Sec. 1] • A single act/omission can be violative of
• A cause of action stems from the sources of various rights at the same time, as when the
obligations under Art. 1156, CC (law, contract, act constitutes juridically a violation of several
quasi-contract, acts and omissions punishable separate and distinct legal obligations.
by law and quasi-delict). However, where there is only one delict/wrong,
there is but a single cause of action regardless
SPLITTING OF CAUSE OF ACTION of the number of rights that may have been
violated belonging to one person.
• Definition: The act of dividing a single or The singleness of a cause of action lies
indivisible cause of action into several parts or in the singleness of the delict/wrong violating
claims and bringing several actions thereon. It the rights of a person. If only 1 injury resulted
is not allowed. from several wrongful acts, only 1 cause of
• A party may not institute more than one suit action arises. [Joseph v. Bautista (1989)]
for a single cause of action. [Rule 2, Sec. 3] • For a single cause of action or violation of a
• Purpose: [City of Bacolod v. SM Brewery] right, the plaintiff may be entitled to several
1) To prevent repeated litigation between reliefs. It is the filing of separate complaints for
the same parties in regard to the same these several reliefs that constitutes splitting up
subject or controversy; of the cause of action which is proscribed by
2) To protect the defendant from Rule 2, Sec. 3 and 4. [City of Bacolod v. SM
unnecessary vexation. Nemo debet Brewery (1969)]
vexare pro una et eadem causa (No
man shall be twice vexed for one and
the same cause);
b) The original plaintiff becoming a defendant • Objections to defects in parties should be made
to the original defendant’s counterclaim; at the earliest opportunity. The moment such
c) One necessary to a complete determination defect becomes apparent, a motion to strike the
or settlement of the questions involved. names of the parties must be made. Objections
to misjoinder cannot be raised for the first time
CLASSIFICATION OF PARTIES on appeal.
• If a necessary party is not joined, the pleading
1) REAL PARTY IN INTEREST - [Rule 3, Sec. 2] shall set forth his name (if known) and shall
a) The party who stands to be state reason why he is omitted. If court finds
benefited/injured by the judgment in the the reason for the omission unmeritorious, it
suit; may order the inclusion of the omitted
b) The party entitled to the avails of the suit. necessary party if jurisdiction over his person
• The party’s interest must be direct, may be obtained. Failure to comply with the
substantial and material. order for inclusion, without justifiable cause, is
• Husband and wife shall sue and be sued deemed a waiver of the claim against such
jointly, except as provided by law [Rule 3, party. [Rule 3, Sec. 9]
Sec. 4] • Note: In Oposa v. Factoran, the minors
• A minor or a person alleged to be (represented by their parents) were held as real
incompetent may sue or be sued, with the parties in interest under the principle of
assistance of his father, mother, guardian, intergenerational responsibility. This doctrine is
or if he has none, a guardian ad litem. [Rule inconsistent with Rule 3, Sec. 1 which provides
3, Sec. 5] that only natural or juridical persons may be
2) REPRESENTATIVE PARTY – [Rule 3, Sec. 3] parties in a civil action.
• Those acting in fiduciary capacity, such as a
trustee/guardian/executor/administrator or KINDS OF JOINDERS OF PARTIES
a party authorized by law or ROC.
• The beneficiary shall be included in the title 1) Compulsory joinder of indispensable parties;
of the case and shall be deemed to be the [Rule 3, Sec. 7]
real party in interest. 2) Permissive joinder of necessary parties; [Rule
• An agent acting in his own name and for the 3, Sec. 8]
benefit of an undisclosed principal may sue 3) Permissive joinder of parties simple (on a
or be sued without joining the principal. common question of law or fact); [Rule 3, Sec.
• Exception: If the contract involves 6]
things belonging to the principal. [Art. 4) Class suit. [Rule 3, Sec. 12]
1883, CC] 5) Alternative defendants; [Rule 3, Sec. 13]
representation of class interest which will be business maintained under such name. [Rule 14,
affected by the judgment is indispensable, but Sec. 8]
it is not indispensable to make each member of
the class an actual party. SUBSTITUTION OF PARTIES
• If a class suit is improperly brought, the action
is subject to dismissal regardless of the cause 1) Death of a party, where the claim is not
of action. extinguished by the death of the party (e.g.
• A taxpayer's suit or a stockholder's derivative cases involving property and property rights);
suit is in the nature of a class suit, although [Rule 3, Sec. 16]
subject to the other requisites of the • In this case, the heirs will be substituted
corresponding governing law especially on the for the deceased or if no legal
issue of locus standi. [Regalado] representative is named, the court will
• In a class suit, any party in interest shall have order the opposing party to procure the
the right to intervene to protect his individual appointment of an executor or
interest. administrator for the estate.
• In case of minor heirs, the court may
Class suit Permissive joinder of appoint a guardian ad litem for them.
parties
• The substitute defendant need not be
There is a single cause of There are multiple
action pertaining to causes of action
summoned. The order of substitution shall
numerous persons. separately belonging to be served upon the parties substituted for
several persons. the court to acquire jurisdiction over the
substitute party.
ALTERNATIVE DEFENDANTS [Rule 3, Sec. 13] • When a party to a pending action dies and
• Where the plaintiff is uncertain against whom of the claim is not extinguished, it is the
several persons he is entitled to relief, he may counsel’s duty to:
join any or all of them in the alternative, a) Inform court within 30 days after such
although a right to relief against one may be death of the fact thereof;
inconsistent with a right to relief against the b) Give the name and address of the legal
other. representatives.
• Failure to comply with this duty is a
UNKNOWN IDENTITY OR NAME OF ground for disciplinary action.
2) Death or separation of a party who is a public
DEFENDANT [Rule 3, Sec. 13] officer; [Rule 3, Sec. 17]
• Requisites:
• Rules and requisites: a) Public officer is a party to an action in
1) There is a defendant; his official capacity;
2) His identity or name is unknown; b) During the pendency of the action, he
3) A fictitious name may be used because of either dies/resigns or otherwise ceases
ignorance of defendant's true name and to hold office;
said ignorance is alleged in the complaint; c) It is satisfactorily shown to the court by
4) An identifying description may be used any party, within 30 days after the
(e.g. as unknown owner/heir/devisee); successor takes office, that there is a
5) Pleading is amended when the identity or substantial need to continue/maintain
true name is discovered; the action;
6) The unknown defendant is the defendant d) The successor adopts/continues (or
being sued, not a mere additional threatens to do so) his predecessor’s
defendant. action;
• Service of summons upon a defendant whose e) The party or officer affected was given
identity is unknown may be made by reasonable notice of the application
publication in a newspaper of general therefore and accorded an opportunity
circulation in accordance with Rule 14, Sec. 14. to be heard.
However, the action must be converted into an 3) Incompetency/incapacity; [Rule 3, Sec. 18]
action in rem or quasi in rem by attaching the • If a party becomes incompetent/
defendant's property in the Philippines. incapacitated during the pendency of the
action, the action survives and may be
ENTITY WITHOUT JURIDICAL continued by/against the incompetent/
PERSONALITY AS DEFENDANT [Rule 3, Sec. incapacitated assisted by his legal guardian
15] or guardian ad litem.
4) Transfer of interest during the pendency of the
• Requisites: action. [Rule 3, Sec. 18]
1) There are 2 or more persons not organized • General rule: The rule does not consider
as a juridical entity; the transferee an indispensable party.
2) They enter into a transaction; Hence, the action may proceed without the
3) A wrong is committed against a 3rd person need to implead him.
in the course of such transaction. • Exception: When the substitution by
• Persons associated in an entity without juridical or joinder of the transferee is ordered
personality may be sued under the name by by court.
which they are generally/commonly known, but • The case will be dismissed if the
they cannot sue under such name. plaintiff’s interest is transferred to
The service of summons may be effected upon all defendant unless there are several
the defendants by serving upon any of them, or plaintiffs, in which case the remaining
upon the person in charge of the office or place of plaintiffs can proceed with their own
cause of action.
3) Alleging scandalous/Indecent matter in the statement of the ultimate facts constituting the
pleading; plaintiff’s cause/s of action, not evidentiary
4) Failing to promptly report a change of his facts or legal conclusions.
address. • It shall contain in a methodical and logical form
a plain, concise and direct statement of
VERIFICATION [Rule 7, Sec. 4] ultimate facts on which the plaintiff relies for his
claim, omitting statement of mere evidentiary
• Pleadings need not be verified, unless otherwise facts. Its function is to inform the defendant
provided by the law/rules. clearly and definitely of claims made against
him so that he may be prepared to meet the
HOW A PLEADING IS VERIFIED issues at trial. It should inform the defendant of
• By an affidavit that: all material facts on which the plaintiff relies to
1) That the affiant read the pleading; support his demand. It should state the theory
2) That the allegations therein are true and of a cause of action which forms the bases of
correct of his personal knowledge or based plaintiff’s claim of liability. [Tantuico v. Republic
on authentic documents. (1991)]
• ULTIMATE FACTS – Essential facts
constituting the plaintiff’s cause of action. A fact
CERTIFICATION OF NON-FORUM
is essential if it cannot be stricken out without
SHOPPING (CNFS) [Rule 7, Sec. 5] leaving the statement of the cause of action
insufficient.
• Definition: The filing of multiple suits in • Not ultimate facts:
different courts, simultaneously or successively, 1) Evidentiary or immaterial facts;
involving the same parties, to ask the courts to 2) Legal conclusions, conclusions or
rule on the same/related causes and/or to grant inferences of facts from facts not
the same or substantially the same relief. stated, or incorrect inferences or
conclusions from facts stated;
TEST TO DETERMINE WON THERE IS FORUM • Conclusions of law alleged in the
SHOPPING complaint are not binding on the
• WON in the 2 or more cases pending, there is court.
identity of: 3) The details of probative matter or
1) Parties; particulars of evidence, statements of
2) Rights or causes of action; law, inferences and arguments.
3) Relief sought.
TEST OF SUFFICIENCY OF THE FACTS ALLEGED IN
• CNFS is to be executed by the petitioner, not by THE COMPLAINT
the counsel. • WON upon the averment of facts, a valid
• CNFS is required only for complaints or judgment may be properly rendered.
initiatory pleadings (e.g. permissive
counterclaim, cross-claim etc.). 2. ANSWER [Rule 6, Sec. 4]
• CNFS is not required in a compulsory
counterclaim. A counterclaim is not an
• Definition: The pleading where the defendant
initiatory pleading. [UST Hospital v. Surla]
sets forth his affirmative/negative defenses. It
• Failure to comply is not curable by mere
may also be the response to a counterclaim or
amendment of the pleading but shall be cause
a cross-claim.
for the dismissal of the case, without prejudice
and upon motion and after hearing, unless
TWO KINDS OF DEFENSES THAT MAY BE SET
otherwise provided.
FORTH IN THE ANSWER:
4)
1) AFFIRMATIVE DEFENSES – Allegations of
new matters which, while hypothetically
EFFECT OF SUBMISSION OF FALSE CNFS OR NON-
admitting the material allegations in the
SUBMISSION OF CNFS
claimant’s pleading, would nevertheless
1) Indirect contempt;
prevent/bar recovery by him. It includes fraud,
2) Administrative and criminal actions.
prescription, release, payment and any other
matter by way of confession and avoidance.
EFFECT OF WILFUL AND DELIBERATE FORUM
2) NEGATIVE DEFENSES – Specific denials of the
SHOPPING
material facts alleged in the pleading of the
1) Ground for summary dismissal of the case with
claimant essential to his cause of action.
prejudice;
• Kinds of denial:
2) Direct contempt and administrative sanctions.
a) SPECIFIC DENIAL – Specifies each
material allegation of fact the truth of
• Pleadings as well as remedial laws should be
which he does not admit, and sets forth
liberally construed in order that the litigant may
the substance of the matters upon
have ample opportunity to prove their
which he relies to support his denial.
respective claims, and possible denial of
b) DENIAL WITH QUALIFICATION -
substantial justice, due to technicalities, may be
Specifes so much of it as is true and
avoided. [Gerales v. CA (1993)]
material, and deny the remainder.
c) Specific denial for lack of
DIFFERENT PLEADINGS knowledge/information sufficient to
form as belief as to the truth of a
1. COMPLAINT [Rule 6, Sec. 3] material averment made in the
complaint.
• Definition: The pleading alleging the plaintiff’s
cause/s of action. It should contain a concise
remedies. In the event that a defending party • The dismissal of the complaint carries with it
has a ground for dismissal and a compulsory the dismissal of a cross-claim which is purely
counterclaim at the same time, he must choose defensive, but not a cross-claim seeking an
only one remedy. If he decides to file a MTD, he affirmative relief.
will lose his counterclaim. But if he opts to set
up his counterclaim, he may still plead his Cross-claim Counterclaim 3rd Party
ground for dismissal as an affirmative defense complaint
in his answer. Against a co- Against an Against a person
• If any of the grounds to dismiss under Rule 17, party opposing party not a party to
the action
Sec. 3 arises, the proper recourse for a
Must arise out of May arise out of Must be in
defendant who desires to pursue his the transaction or be necessarily respect of the
compulsory counterclaim in the same that is the connected with opponent’s
proceeding is not a MTD. Instead, he should subject matter of the transaction (plaintiff’s) claim
only move to have the plaintiff declared non- the original or the subject
suited on the complaint so that the latter can action or of a matter of the
no longer present his evidence thereon, and counterclaim opposing party’s
simultaneously move that he be declared as in therein claim
(compulsory
default on the compulsory counterclaim, and
counterclaim), or
reserve the right to present evidence ex parte it may not
on his compulsory counterclaim. [BA Finance v. (permissive
Co (1993)] counterclaim)
• Under Section 3, Rule 17, dismissal of
action due to plaintiff’s fault shall be 5. COUNTER-COUNTERCLAIMS
without prejudice to the defendant’s right
to prosecute his counterclaim in the AND COUNTER-CROSS-CLAIMS
same/separate action. [Rule 6, Sec. 9]
Xxx 2) 5 days after xxx HOW TO AMEND PLEADINGS [Rule 10, Sec.
addressee
received 1st
1]
postmaster's
notice 1) Adding an allegation of a party;
SERVICE OF JUDGMENT, FINAL ORDERS 2) Adding the name of a party;
3) Striking out an allegation of a party;
OR RESOLUTIONS [Rule 13, Sec. 9] 4) Striking out the name of a party;
5) Correcting a mistake in the name of a party;
1) By personal service; and
2) By registered mail; 6) Correcting a mistake or inadequate allegation
3) By publication if party is summoned by or description in any other respect.
publication and has failed to appear in the
action. • Purpose: That the actual merits of the
controversy may speedily be determined,
PRIORITY IN MODES OF FILING AND without regard to technicalities, and in the
SERVICE [Rule 13, Sec. 11] most expeditious and inexpensive manner.
• As a general policy, liberality in allowing
• General rule: Personal filing and service. amendments is greatest in the early stages of a
Resort to other modes of filing and service law suit, decreases as it progresses and
must be accompanied by an explanation why changes at times to a strictness amounting to a
the service/filing was not done personally. prohibition. This is further restricted by the
• If there is no written explanation, the paper condition that the amendment should not
considered not filed. prejudice the adverse party or place him at a
• Exception: Papers emanating from the disadvantage. [Barfel Development v. CA
court (1993)]
the establishment of which plaintiff 2) Direction that the defendant answer within
could not recover. [Magsaysay- the time fixed;
Labrador v. CA] 3) Notice that unless the defendant so
• Intervention is allowed any time before TC answers, plaintiff will take judgment by
renders judgment. [Rule 19, Sec. 2] default and may be granted the relief
• After rendition of judgment, a motion to applied for.
intervene is barred, even if the judgment itself • A copy of the complaint and order for
recognizes the movant’s right. The movant’s appointment of guardian ad litem (if any) shall
remedy is to file a separate action. be attached to the original and each copy of
the summons.
PLEADINGS IN INTERVENTION [Rule 19, Sec. 3]
1) COMPLAINT-IN-INTERVENTION – If SERVICE OF SUMMONS
intervenor asserts a claim against either or all
of the original parties. WHO SERVES THE SUMMONS [Rule 14, Sec. 3]
2) ANSWER-IN-INTERVENTION – If intervenor 1) The sheriff or his deputy;
unites with the defending party in resisting a 2) Other proper court officers;
claim against the latter. 3) For justifiable reasons, any suitable person
authorized by the court issuing the summons.
ANSWER TO COMPLAINT-IN-INTERVENTION [Rule
19, Sec. 4] RETURN OF SUMMONS [Rule 14, Sec. 4]
• It must be filed within 15 days from notice of • When the service has been completed, the
the order admitting the complaint-in- server shall, within 5 days therefrom, serve a
intervention, unless a different period is fixed copy of the return (personally or by registered
by the court. mail) to the plaintiff's counsel, and shall return
the summons to the clerk who issued it,
REMEDIES accompanied by proof of service.
1) For denial of intervention:
a) Appeal. ALIAS SUMMONS [Rule 14, Sec. 5]
b) Mandamus, if there is GAD. • Upon plaintiff’s demand, the clerk may issue an
2) For improper granting of intervention: Certiorari. alias summons if either:
1) If summons is returned without being
served on any/all of the defendants.
Intervention Interpleader • The server shall also serve a copy of
An ancillary action An original action the return on the plaintiff's counsel
Proper in any of the Presupposes that the within 5 days therefrom, stating the
four situations mentioned plaintiff has no interest in reasons for the failure of service.
in Rule 19 the subject matter of the 2) If summons was lost.
action or has an interest
therein, which in whole or
in part is not disputed by MODES OF SERVICE OF SUMMONS
the other parties to the • Any application to the court under Rule 14 for
action leave to effect service in any manner for which
There is already a Defendants are being leave of court is necessary shall be made by
defendant among the sued precisely to implead motion in writing, supported by affidavit of the
original parties to the them plaintiff or some person on his behalf, setting
pending suit forth the grounds for the application. [Rule 14,
Sec. 17]
• Summons is validly served if it is left with some • Unless the defendant voluntarily submits to the
person of suitable age and discretion then jurisdiction of the court, non-service or
residing in the defendant's residence, even if irregular service of summons renders null and
defendant was abroad at that time. The fact void all subsequent proceedings and issuances
that the defendant did not actually receive the in the action from the order of default up to
summons did not invalidate the service of such and including the judgment by default and the
summons. [Montalban v. Maximo] order of execution.
• If the defendant has already been served with
WAIVER OF SERVICE OF SUMMONS [Rule summons on the original complaint, no further
14, Sec. 20] summons is required on the amended
complaint if it does not introduce new causes of
action. [Ong Peng v. Custodio]
• Defendant's voluntary appearance in the action
• But if the defendant was declared in default on
shall be equivalent to service of summons;
the original complaint and the plaintiff
• Exception: Special appearance to file a
subsequently filed an amended complaint, new
MTD.
summons must be served on the defendant on
• Inclusion in the MTD of grounds other
the amended complaint, as the original
than LOJ over the defendant’s person,
complaint was deemed withdrawn upon such
is not deemed a voluntary appearance.
amendment. [Atkins v. Domingo]
• Any mode of appearance in court by a
defendant or his lawyer is equivalent to
service of summons, absent any
indication that the appearance of F. MOTIONS
counsel for petitioner is precisely to
protest the jurisdiction of the court
over the person of the defendant. • Definition: An application for relief other than
[Delos Santos v. Montesa (1993)] by a pleading. [Rule 15, Sec. 1]
be waived and such waiver may occur by 1) Former judgment rendered by a court
laches. [Diaz v. Adiong (1993)] having jurisdiction over the subject matter
• A stipulation between the parties as to venue and over the parties;
does not preclude the filing of suits in the 2) Judgment must be a final judgment;
residence of plaintiff/defendant under Rule 4, 3) Judgment must be on the merits;
Sec. 2(b). In the absence of • There can be res judicata without a
qualifying/restrictive words which would trial, such as in a judgment on the
indicate that a specific place alone is the venue, pleadings (Rule 34); a summary
an agreement as to venue is merely permissive judgment (Rule 35); or an order of
and there is no waiver of right to pursue dismissal under Rule 17, Sec. 3.
remedy in other courts. [HSBC v. Sherman 4) There must be identity of parties, of subject
(1989)] matter and of the causes of action.
• If the court erroneously denies the MTD, the • For res judicata to apply, absolute
remedy is prohibition. identity of parties is not required because
substantial identity is sufficient. Inclusion
4. PLAINTIFF’S LACK OF LEGAL of additional parties will not affect the
application of the principle of res
CAPACITY TO SUE
judicata.
The test of identity of cause of
• The plaintiff lacks legal capacity to sue:
action lies not in the form of the action
1) When he does not possess the necessary
but on WON the same evidence would
qualification to appear at the trial (e.g.
support and establish the former and
when he plaintiff is not in the full exercise
the present causes of action. [DBP v.
of his civil rights);
Pundogar (1993)]
2) When he does not have the character which
• Rationale: The sum and substance of the
he claims, which is a matter of evidence
whole doctrine is that a matter once judicially
(e.g. when he is not really a duly appointed
decided is finally decided because of: [Nabus v.
administrator of an estate).
CA (1991)]
• Lack of legal capacity to sue refers to plaintiff’s
1) Public policy and necessity makes it the
disability; while lack of legal personality to sue
interest of the State that there should be
refers to the fact that the plaintiff is not a real
an end to litigation;
party in interest, in which case the ground for
2) The hardship on the individual that he
dismissal would be that the complaint states no
should be vexed twice for the same cause.
cause of action.
TWO CONCEPTS OF RES JUDICATA [Abalos v. CA
5. LITIS PENDENTIA (1993)]
1) BAR BY PRIOR JUDGMENT – Judgment on
• Requisites: [Anderson Group v. CA (1997)] the merits in the 1st case constitutes an
1) Identity of parties; absolute bar to the subsequent action not only
2) identity of rights asserted and relief prayed as to every matter which was offered and
for; received to sustain or defeat the
3) Relief founded on the same facts and the claim/demand, but also to any other admissible
same basis; matter which might have been offered for that
4) Identity in the 2 proceedings should be purpose and to all matters that could have
such that any judgment which may be been adjudged in that case.
rendered in the other action will amount to 2) CONCLUSIVENESS OF JUDGMENT – Where
res judicata on the action under the 2nd action between the parties is upon a
consideration. different claim/demand, the judgment in the
• It is not required to allege that there be a prior 1st case operates as an estoppel only with
pending case. It is sufficient to allege and regard to those issues directly controverted,
prove the pendency of another case, even if upon the determination of which the judgment
same had been brought later. was rendered.
• It does not require that the later case be
dismissed in favor of the earlier case. To 7. STATUTE OF LIMITATIONS
determine which case should be abated, apply:
1) The More Appropriate Action Test;
• Prescription applies only when the complaint on
2) The Interest of Justice Test, taking into
its face shows that indeed the action has
account:
already prescribed.
a) Nature of the controversy;
• If the fact of prescription is not indicated on the
b) Comparative accessibility of the court
face of the complaint and the same may be
to the parties;
brought out later, the court must defer decision
c) Other similar factors.
on the motion until such time as proof may be
In both tests, the parties’ good faith shall be
presented on such fact of prescription.
taken into consideration. The 1st case shall be
abated if it is merely an anticipatory action or
Prescription Laches
defense against an expected suit. The 2nd case Concerned with the fact Concerned with the effect
will not be abated if it is not brought to harass. of delay of delay
[Vitrionics Computers v. RTC (1993)] A matter of time A matter of equity
Statutory Not statutory
6. RES JUDICATA Applies in law Applies in equity
Based on fixed time Not based on fixed time
• Requisites:
2) Special civil actions of certiorari, prohibition hearing, the award may exceed the amount or
and mandamus, where comment (instead of an be different in kind from that prayed for. [Datu
answer) is required to be filed. Samad Mangelen v. CA (1992)]
Motion to set aside At any time after the default, he has the right to appeal the default
order of default [Rule 9, discovery of default and judgment. But in the appeal, only the evidence
Sec. 3(b)] before judgment, of the petitioner may be considered,
defendant may file a respondent not having adduced any defense
motion under oath to set
evidence. [Boticano v. Chu (1987)]
aside order of default on
the ground that his failure
to file an answer or
appear on the date set for D. JUDGMENT ON THE
the pre-trial was due to
fraud, accident mistake of PLEADINGS [Rule 34]
law, and excusable
negligence and that he
has a meritorious defense
• Grounds: If the answer either:
MNT [Rule 37, Sec. If the judgment has 1) Fails to tender an issue;
1(a)] already been rendered 2) Admits the material allegations of the
when the defendant adverse party’s pleading.
discovered the default, • An answer fails to tender an issue due to
but before the same either:
became final and
1. General denial of the material allegations of
executor.
the complaint;
It should be filed within 2. Insufficient denial of the material
the period for perfecting allegations of the compliant.
an appeal. Timely filing • A judgment on the pleadings can be done only
thereof interrupts the 15- upon motion to the effect filed by the
day reglementary period appropriate party. It cannot be rendered by the
for an appeal. It is court motu propio.
required that defendant
• Exception: If at pre-trial the court finds
file first a motion to lift
order of default to regain that a judgment on the pleadings is proper,
his standing. [Tan v. CA it may render such judgment motu propio.
(1997)] [Rule 18, Sec. 2(g)]
Petition for relief from If the defendant • In the following cases, judgment on the
order [Rule 38, Sec. 1 discovered the default pleadings will not lie and material facts alleged
and 2] after the judgment has in the complaint must always be proved:
become final and 1) Declaration of nullity of marriage;
executory
2) Annulment of marriage;
Appeal from the RTC The defendant may also 3) Legal separation.
[Rule 41, Sec. 1] appeal from the judgment • By moving for judgment on the pleadings, the
rendered against him as
plaintiff waives his claim for unliquidated
contrary to the evidence
or the law, even if he did
damages (because claims for such damages
not present a petition to must be alleged and proved).
set aside the order of • One who prays for the judgment on the
default pleadings without offering proof as to the truth
of his own allegations and without giving the
opposing party an opportunity to introduce
• An order of default is an interlocutory order
evidence, must be understood to admit all
which is not appealable. A judgment by default
material and relevant allegations of the
is a final disposition of the case and is
opposing party and to rest his motion for
appealable. [MERALCO v. La Campana Food
judgment upon those allegations taken
Products (1995)]
together with such of his own as are admitted
• A petition for certiorari under Rule 65, although
in the pleadings. [Falcasantos v. How Suy
not a substitute for an available or lost appeal,
Ching]
may be invoked while the orders of the lower
court are issued without or in excess of
jurisdiction. Judgment by default being
appealable, appeal should be perfected within E. SUMMARY JUDGMENTS
15 days from receipt of copy of order denying
MFR of default judgment. [Oriental Media v. CA
(1995)] • Definition: A judgment granted by the court
• A satisfactory showing by the movant of the for the prompt disposition of civil actions, if it
existence of fraud, accident, mistake or clearly appears that there exists no genuine
excusable neglect is an indispensable issue/controversy as to any material fact,
requirement for the setting aside of a judgment except as to the amount of damages.
of default or the order of default. A meritorious • Also called accelerated judgment.
defense is only one of the two conditions. The • GENUINE ISSUE – An issue of fact which calls
meritorious defense must concur with the for the presentation of evidence; as
satisfactory reason for the non-appearance of distinguished from an issue which is sham,
the defaulted party. If there is no such reason, fictitious, contrived and patently insubstantial
the appropriate remedy is an ordinary appeal so as not to constitute a genuine issue for trial.
under Rule 41, Sec. 2. [Ramnani v. CA (1993)] • When the facts as pleaded appear uncontested
• The jurisdiction was properly acquired by the or undisputed, then there is no real/genuine
TC over the defendant’s person; he was issue as to the facts.
therefore properly declared in default for not • The TC cannot motu propio issue a summary
having filed any answer. Despite his failure to judgment. A party must move for summary
file a motion to set aside the declaration of judgment.
COMMISSION LETTERS
ROGATORY
ADDRESSED Any authority A judicial
TO WHOM in a foreign authority in the
country foreign country
authorized
therein to take
down
depositions
RULES THAT Rules laid Rules laid
GOVERN THE down by the down by such
Af ter jurisdiction has been obtained over any def endant or Af ter an answ er has been f iled, no leave of court is
over the property subject of the action, but bef ore the answ er required thus, the party seeking to take deposition may
is f iled, FILE A MOTION TO TAKE DEPOSITION AND FILE A NOTICE TO TAKE DEPOSITION AND SERVE
SERVE REASONABLE NOTICE IN WRITING TO EV ERY REASONABLE NOTICE IN WRITING TO EV ERY
OTHER PARTY IN THE ACTION OTHER PARTY IN THE ACTION
Upon court approval f or the taking of deposition, The court upon motion seasonally made by
the court upon motion seasonally made by any any party or the by the person to be
party or the by the person to be examined f or good examined f or good cause show n (under
cause show n (under Section 16), may issue orders Section 16), may issue orders f or the
f or the protection of parties and deponents f rom protection of parties and deponents f rom
annoyance, embarrassment or oppression. annoyance, embarrassment or oppression.
DEPOSITION BY ORAL EXAMINATION: The of f icer bef ore DEPOSITION BY WRITTEN INTERROGATORIES:
w hom the deposition is to be taken shall put the w itness on A party desiring to take the deposition of any
oath and shall personally, or by some one acting under his person upon w ritten interrogatories shall serve
direction and in his presence, record the testimony of the them upon every other party w ith a notice stating
w itness. The testimony shall be taken stenographically unless the name and address of the person w ho is to
the parties agree otherw ise. All objections made at the time of answ er them and the name or descriptive title and
the examination to the qualifications of the off icer taking the address of the off icer bef ore w hom the deposition
deposition, or to the manner of talking it, or to the evidence is to be taken. Within ten (10) days thereafter, a
presented, or to the conduct of any party, and any other party so served may serve cross-interrogatories
objection to the proceedings, shall be noted by the off icer upon the party proposing to take the deposition.
upon the deposition. Evidence objected to shall be taken Within f ive (5) days thereaf ter, the latter may serve
subject to the objections. IN LIEU OF PARTICIPATING IN re-direct interrogatories upon a party w ho has
THE ORAL EXAMINATION, PARTIES SERV ED WITH served cross-interrogatories. Within three (3) days
NOTICE OF TAKING A DEPOSITION MAY TRANSMIT af ter being served w ith re-direct interrogatories, a
WRITTEN INTERROGATORIES TO THE OFFICERS, WHO party may serve recross-interrogatories upon the
SHALL PROPOUND THEM TO THE WITNESS AND party proposing to take the deposition.
RECORD THE ANSWERS VERBATIM. (Section 17)
Continued…
Continued…
MOTION TO LIMIT OR TERMINATE EXAMINATION: At any time during the taking of the deposition,
on motion or petition of any party or of the deponent, and upon a show ing that the examination is
being conducted IN BAD FAITH OR IN SUCH MANNER AS UNREASONABLY TO ANNOY,
EMBARRASS, OR OPPRESS THE DEPONENT OR PARTY, the court in w hich the action is pending
or the Regional Trial Court of the place where the deposition is being taken may order the officer
conducting the examination to cease forthw ith from taking the deposition, or may limit the scope and
manner of the taking of the deposition, as provided in section 16 of this Rule.
SUBMISSION TO WITNESS, CHANGES, SIGNING: When the testimony is fully transcribed, the
deposition shall be submitted to the w itness for examination and shall be read to or by him, unless such
examination and reading are waiv ed by the w itness and by the parties. Any changes in form or substance
whic h the w itness desires to make shall be entered upon the deposition by the officer w ith a statement of
the reasons giv en by the witness for making them. The deposition shall then be signed by the w itness,
unless the parties by stipulation w aive the signing or the w itness is ill or cannot be found or refuses to sign.
If the deposition is not signed by the w itness, the officer shall sign it and state on the record the fact of the
waiv er or of the illness or absence of the witness or the fact of the refusal to sign together w ith the reason
be given therefor, if any, and the deposition may then be used as fully as though signed, UNLESS ON A
MOTION TO SUPPRESS UNDER SECTION 29 (F) OF THIS RUL E, THE COURT HOLDS THAT THE
REASONS GIV EN FOR THE REFUSAL TO SIGN REQUIRE REJECTION OF T HE DEPOSITION IN
WHOL E OR IN PART.
• J. Regalado and Prof. Avena both believe that one set of interrogatories to be answered by
the following procedure is applicable to civil and the same party (Section 4, Rule 23).
criminal cases. • SCOPE OF INTERROGATORIES: any matter, (1)
• Procedure: not privileged and which is (2) relevant to the
subject of the pending action, whether relating
1) DURING THE PENDENCY OF AN APPEAL, THE to the claim or defense of any other party,
COURT IN WHICH THE JUDGMENT was including the existence, description, nature,
rendered may allow the taking of depositions of custody, condition, and location of any books,
witnesses to perpetuate their testimony in the documents, or other tangible things and the
event of further proceedings in the said court. identity and location of persons having
In such case the party who desires to knowledge of relevant facts
perpetuate the testimony may make a motion • USE OF INTERROGATORIES: Same as Rule 23
in the said court for leave to take the Section 4 mutatis mutandis.
depositions, upon the same notice and service • CONSEQUENCE OF FAILURE TO SERVE
thereof as if the action was pending therein. WRITTEN INTERROGATORIES. A party not
The motion shall state (a) the names and served with written interrogatories may not be
addresses of the persons to be examined and compelled by the adverse party to give
the substance of the testimony which he testimony in open court, or to give a deposition
expects to elicit from each, and (b) the reason pending appeal unless thereafter allowed by
for perpetuating their testimony the court for good cause shown and to prevent
a failure of justice. (RULE 25, section 6)
2) ORDER ALLOWING THE DEPOSITION: If the • CONSEQUENCES OF REFUSAL TO ANSWER THE
court finds that the perpetuation of the SET OF INTERROGATORIES:
testimony is proper to avoid a failure or delay
of justice, it may make an order allowing the 1) The party serving the interrogatories may
deposition to be taken. apply to the court for an order to compel
an answer. If it also finds that the refusal
3) RULE 23 APPLIES ON THE MANNER OR to answer was without substantial
CONDUCT OF THE DEPOSITION. justification, it may require the refusing
party or deponent or the counsel advising
the refusal, or both of them, TO PAY THE
D. INTERROGATORIES TO PROPONENT THE AMOUNT OF THE
REASONABLE EXPENSES INCURRED IN
PARTIES UNDER RULE 25 OBTAINING THE ORDER, INCLUDING
ATTORNEY'S FEES (Rule 29, section 1).
2) CONTEMPT for refusal to comply with an
• Procedure: order of the court to compel an answer
(According to Prof. Avena, the basis is Rule
1) Either: 71, Section 3b, not Rule 29.2 which refers
1) BY LEAVE OF COURT AFTER only to depositions)
JURISDICTION HAS BEEN OBTAINED 3) Subject of discovery DEEMED ADMITTED
OVER ANY DEFENDANT OR OVER OR ESTABLISHED (RULE 29 SECTION 3a).
PROPERTY WHICH IS THE SUBJECT OF 4) Party prohibited from introducing
THE ACTION, or CONTRADICTORY EVIDENCE (RULE 29,
2) WITHOUT SUCH LEAVE AFTER AN SECTION 3b)
ANSWER HAS BEEN SERVED, 5) STRIKING OUT PLEADINGS OR PARTS
any party desiring to elicit material and THEREOF (RULE 29, SECTION 3c)
relevant facts from any adverse parties shall 6) STAYING FURTHER PROCEEDINGS UNTIL
file and serve upon the latter written THE ORDER IS OBEYED, or DISMISSING
interrogatories to be answered by the party THE ACTION OR PROCEEDING OR ANY
served or, if the party served is a public or PART THEREOF(RULE 29, SECTION 3c), or
private corporation or a partnership or 7) RENDERING A JUDGMENT BY DEFAULT
association, by any officer thereof competent to AGAINST THE DISOBEDIENT PARTY; AND
testify in its behalf. (RULE 29, SECTION 3c)
8) In lieu of any of the foregoing orders or in
2) ANSWER. The interrogatories shall be addition thereto, an order directing the
ANSWERED FULLY IN WRITING and shall be arrest of any party or agent of a party for
SIGNED AND SWORN TO BY THE PERSON disobeying any of such orders (RULE 29,
MAKING THEM. The party upon whom the SECTION 3c)
interrogatories have been served shall file and
serve a copy of the answers on the party
submitting the interrogatories within fifteen E. REQUEST FOR ADMISSION
(15) days after service thereof unless the court
on motion and for good cause shown, extends UNDER RULE 26
or shortens the time.
3) ANSWER DEFERRED when objections to any 1) AT ANY TIME AFTER ISSUES HAVE BEEN
interrogatories is presented to the court within JOINED, a party may file and serve upon any
ten (10) days after service thereof, with notice other party may file and serve upon any other
as in case of a motion. party a written request for the admission by
the latter of
• NUMBER OF INTERROGATORIES. No party a) the GENUINENESS OF ANY MATERIAL AND
may, without leave of court, serve more than RELEVANT DOCUMENT DESCRIBED IN AND
EXHIBITED WITH THE REQUEST or
1) MOTION FOR THE ISSUANCE OF AN ORDER (2) adjourned as the RULE 24 (depositions in
FOR EXAMINATION, requisites proponent of the question may perpetuam rei
prefer. memoriam)
a) the lis mota of the case is the physical or
(3) The proponent may RULE 25.
mental condition of a party (NOT A
thereafter apply (i.e., by INTERROGATORIES TO
WITNESS!!!) PARTIES
MOTION FOR THE ISSUANCE
OF AN ORDER TO COMPEL AN
b) good cause ANSWER- Prof. Avena) to the
proper court of the place
c) notice to the party to be examined where the deposition is being
taken, for an order to compel
d) must specify physician an answer.
• IF THE APPLICATION IS
e) scope of examination
GRANTED, the court shall
require the refusing party or
deponent to answer the
amount to achieving the end desired. 5) Should the action proceed to trial, the
[Calalang v. CA (1993)] explicit definition and limit of the issues to
be tried.
NOTICE OF PRE-TRIAL [Rule 18, Sec. 3] • Consequence: The contents of the order shall
control the subsequent course of the action,
• Notice of pre-trial shall be served on counsel, unless modified before trial to prevent manifest
or on the party who has no counsel. injustice.
• Counsel served with such notice has a duty to • Upon manifestation of the parties of their
notify the party he represents. willingness to discuss a compromise, the TC
should order the suspension of the proceedings
to allow them reasonable time to discuss and
APPEARANCE OF PARTIES [Rule 18, Sec. 4]
conclude an amicable settlement. If despite all
efforts exerted by the TC and the parties the
• It is the duty of the parties and their counsel to
settlement conference still fails, then the action
appear at the pre-trial.
should have continued as if no suspension had
• A party’s non-appearance may be excused only
taken place. [Goldloop Properties v. CA (1992)]
if either:
1) Valid cause is shown for it;
• Note: AM 03-1-09-SC
2) A representative appears in his behalf, fully
authorized in writing:
a) To enter into an amicable settlement;
b) To submit to alternative modes of
CALENDAR OF CASES
dispute resolution;
c) To enter into stipulations/admissions of • Under the direct supervision of the judge, the
facts and of documents. clerk of court shall keep a calendar of cases for
• Note: See the section on default for the effects pre-trial, for trial, those whose trials were
of failure to appear in the pre-trial. adjourned/postponed, and those with motions
• SC admonishes the courts against precipitate to set for hearing. [Rule 20, Sec. 1]
orders of default as they have the effect of • Preference shall be given to habeas corpus
denying the party the chance to be heard. cases, election cases, special civil actions, and
There are instances when parties may properly those so required by law. [Rule 20, Sec. 1]
be defaulted, but such is the exception rather • The assignment of cases to the different
than the rule and should be used only in clear branches of a court shall be done exclusively by
cases of obstinate refusal or inordinate neglect raffle. The assignment shall be done in open
to comply with court orders. [Citibank v. Chua session of which adequate notice shall be given
(1993)] so as to afford interested parties the
opportunity to be present. [Rule 20, Sec. 2]
PRE-TRIAL BRIEF [Rule 18, Sec. 6]
SERVICE OF SUBPOENA [Rule 21, Sec. 6] 4) 4th-party (and so forth) shall adduce evidence
• Same manner as personal or substituted of the material facts pleaded by them;
service of summons. 5) Parties whom any counterclaim or cross-claim
• The original shall be exhibited and a copy has been pleaded, shall adduce evidence in
delivered to person on whom it is served, with support of their defense, in the order
tender of fees for one day’s attendance and prescribed by the court.
kilometrage. 6) Parties may then respectively adduce rebutting
• Exception: Tender not required if evidence only.
subpoena is issued by or on behalf of the • Exception: When the court permits them
Republic or an officer/agency thereof. to adduce evidence upon their original
• For subpoena duces tecum, also tender the case, for good reasons and in furtherance
reasonable cost of producing the of justice.
books/documents/things demanded. 7) Upon admission of evidence, the case shall be
• Service must be made so as to allow the deemed submitted for decision, unless the
witness reasonable time for preparation and court directs the parties to argue or to submit
travel to the place of attendance their respective memoranda or any further
pleadings.
PERSONAL APPEARANCE IN COURT [Rule 21, Sec.
7] • If several defendants or 3rd-party defendants
• A person present in court before a judicial having separate defenses appear by different
officer may be required to testify as if he were counsel, the court shall determine the relative
in attendance upon a subpoena issued by such order of presentation of their evidence.
court/officer.
AGREED STATEMENT OF FACTS [Rule 30, Sec. 6]
REMEDY IN CASE OF WITNESS’ FAILURE TO • Parties may agree in writing upon the facts
ATTEND involved in the litigation, and submit the case
• Upon proof of service of subpoena and of for judgment without introduction of evidence.
witness’ failure to attend, the court/judge • If the parties agree to only some of the facts in
issuing the subpoena may issue a warrant to issue, trial shall be held as to the disputed facts
the sheriff to arrest the witness and bring him in such order as the court shall prescribe.
before the court/officer where his attendance is
required. [Rule 21, Sec. 8] STATEMENT OF THE JUDGE [Rule 30, Sec. 7]
• The cost of warrant and seizure shall be • During the hearing/trial of the case, any
paid by the witness if the court determines statement made by the judge shall be made of
that the failure to attend was willful and record in the STN if made with reference to the
without just excuse. case/parties/witnesses/counsels.
• Such failure shall be deemed a contempt of the
court which issued the subpoena. [Rule 21, SUSPENSION OF ACTIONS [Rule 30, Sec. 8]
Sec. 9] • Governed by the CC provisions.
• If subpoena was not issued by a court, the
disobedience shall be punished by RECEPTION OF EVIDENCE [Rule 30, Sec. 9]
applicable law or ROC. • General rule: The judge of the court where
• Exception: Arrest warrant and contempt not the case is pending shall personally receive the
applicable to: [Rule 21, Sec. 10] evidence to be adduced by the parties.
1) A witness who resides more than 100km • Exception: The court may delegate the
from his residence to the place where he is reception of evidence to its clerk of court
to testify. who is a member of the bar in:
2) A detention prisoner, if there is no a) Default hearings;
permission from the court in which his case b) Ex parte hearings;
is pending. c) Cases where parties agree in writing.
• However, the clerk of court has no power
to rule on objections to any
C. CONDUCT OF TRIAL [Rule 30, question/admission of exhibits.
• Objections shall be resolved by the court
Sec. 5]
upon submission of the clerk’s report and
TSN within 10 days from termination of the
hearing.
• General rule: Trial shall be limited to the
issues stated in the pre-trial order.
• Exception:
1) Provisions on separate trials. D. TRIAL BY COMMISSIONER
2) When for special reasons the court
directs otherwise.
• COMMISSIONER – Includes a referee, an
GENERAL ORDER OF TRIAL auditor or an examiner. [Rule 32, Sec. 1]
1) Plaintiff shall adduce evidence in support of his
claim; KINDS OF TRIAL BY COMMISSIONER [Rule 32, Sec.
2) Defendant shall adduce evidence in support of 1 and 2]
his defense, counterclaim, cross-claim and 3rd- 1) Reference by consent of both parties.
party complaint; 2) Reference ordered on motion when:
3) 3rd-party defendant (if any) shall adduce a) Trial of an issue of fact requires the
evidence of his defense, counterclaim, cross- examination of a long account on either
claim and 4th-party complaint; side
b) Taking of an account is necessary for the • It is invoked after the plaintiff has presented all
court’s information before judgment, or for the evidence available to him.
carrying judgment/order into effect.
c) A question of fact, other than upon the Grant of demurrer Denial of demurrer
pleadings, arises in any stage of a case or The case shall be The court should set the
for carrying a judgment/order into effect. dismissed date for the reception of
the defendant’s evidence-
ORDER OF REFERENCE [Rule 32, Sec. 2 to 12] in-chief [Northwest
• When a reference is made, the clerk shall Airlines v. CA]
furnish the commissioner with a copy of the Plaintiff's remedy would Xxx
order of reference. The order may specify/limit be to appeal.
the commissioner’s power, and may direct him
to report only upon particular issues, or to However, if the order
do/perform particular acts, or to receive and granting the demurrer is
reversed on appeal, the
report evidence only.
defendant loses his right
• The commissioner shall set a time/place for the to present evidence.
first meeting and shall notify parties/counsels. [Rule 33, Sec .1;
• Upon completion of the trial/hearing, the Republic v. Tuvera]
commissioner shall file a written report with the
court. The appellate court
• The clerk shall notify parties of the filing of the should render judgment
report. The parties 10 days to object to the on the basis of the
evidence submitted by
report’s findings.
the plaintiff. [Radiowealth
• After the 10 days, the report shall be set for Finance v. Del Rosario]X
hearing. The court may issue an order
adopting/modifying/rejecting the report or part
of it. Equivalent to judgment An interlocutory order and
• When parties stipulate that the Commissioner's (i.e. based on the merits not appealable. However,
of the evidence presented it may be the subject of a
findings of fact are final, only questions of law
so far) petition for certiorari for
shall thereafter be considered. GAD under Rule 65
[Katigbak v.
Sandiganbayan]
E. CONSOLIDATION AND
SEVERANCE
MTD Demurrer
When to File Before the service After the plaintiff
and filing of the rests his case
CONSOLIDATION OF TRIAL [Rule 31, Sec. 1] answer
• When actions involving common question of
Ground Those Only ground: The
law/fact are pending before the court, it may: enumerated in plaintiff has
1) Order a joint hearing/trial of any/all the Rule 16 shown no right to
matters in issue in the actions; relief (i.e.
2) Order all the actions consolidated; evidence is
3) Make such orders concerning the insufficient)
proceedings as to avoid unnecessary costs Effect If a MTD is
or delay. granted, the
• Where a case has been partially tried before complaint is
likewise
one judge, the consolidation of the same with
dismissed. But,
another related case pending before another depending on the
judge who had no opportunity to observe the ground, the
demeanor of the witness during trial makes the complaint may be
consolidation not mandatory. [PCGG v. re-filed
Sandiganbayan (1992)]
If the MTD is
SEVERANCE OF TRIAL [Rule 31, Sec. 2] denied, the
defendant shall
• The court may issue separate trials for
file his responsive
convenience or to avoid prejudice: pleading
1) Of any claim, cross-claim, counterclaim or
3rd-party complaint;
2) Of any separate issue; Demurrer in civil cases Demurrer in criminal
3) Of any number of claims, cross-claims, cases
counterclaims, 3rd-party complaints or
issues.
F. DEMURRER TO EVIDENCE
Defendant need not ask May be filed with or • Exception: Where the inevitable
for leave of court without leave of court. conclusion from the body of the decision is
so clear that there was a mistake in the
Leave of court is dispositive portion, the body of the decision
necessary so that the
will prevail. [Poland Industrial v. National
accused can present his
evidence in case the Dev’t Co.]
demurrer is denied
KINDS OF JUDGMENT
If the demurrer was 1) JUDGMENT UPON COMPROMISE – It is one
without leave, the conferred on the basis of a compromise
accused can no longer agreement entered into between the parties.
present his evidence; the • It is immediately executory in the absence
case is deemed submitted
of a motion to set aside on the ground of
for decision based on
prosecution’s evidence FAME.
[Rule 119, Sec.23] 2) JUDGMENT UPON CONFESSION – It is one
rendered by the court when a party expressly
If the demurrer is The order of dismissal is agrees to the other party’s claim or
granted, the order of not appealable because it acknowledges the validity of the claim against
dismissal is appealable will constitute double
him.
jeopardy
Judgment upon Judgment by
compromise confession
VIII. JUDGMENTS, FINAL ORDERS The provisions and terms An affirmative and
are settled by the parties voluntary act of the
AND ENTRY OF JUDGMENT to the action. The defendant himself. The
judgment is entered in court exercises a certain
the record by consent of amount of supervision
the court. over the entry of
• JUDGMENT - The final ruling by a court of judgment.
competent jurisdiction regarding the rights and
obligations of the parties or other matters
submitted to it in an action/proceeding. • Kinds of judgment by confession:
a) JUDGMENT BY COGNOVIT
PARTS OF A JUDGMENT ACTIONEM – After service, the
1) OPINION OF THE COURT - It contains the defendant, instead of entering a plea,
findings of facts and conclusions of law; acknowledged and confessed that the
2) DISPOSITION OF THE CASE – The final and plaintiff’s cause of action was just and
actual disposition of the rights litigated (i.e. the rightful.
dispositive part); b) JUDGMENT BY CONFESSION
3) Signature of the judge. RELICTA VERIFICATIONE – After
pleading and before trial, the defendant
REQUISITES OF A VALID JUDGMENT [Rule 36, Sec. both: (a) confessed the plaintiff’s cause
1; Art. 8, Sec. 14, Consti] of action and (b) withdrew his plea or
1) Court/tribunal must be with authority to hear other allegations, whereupon judgment
and determine the matter before it; was entered against him without
2) Court must have jurisdiction over the parties proceeding to trial.
and the subject matter; • Remedy against judgment by consent,
3) Parties must have been given an opportunity to confession or compromise is to first file a
adduce evidence in their behalf; motion to set it aside; if denied, file the
4) Evidence must have been considered by the appropriate petition under Rule 65.
tribunal in deciding the case; [Acosta v. 3) JUDGMENT UPON THE MERITS – It is one
COMELEC] that is rendered after consideration of the
5) Judgment must be in writing, personally and evidence submitted by the parties during the
directly prepared by the judge; trial of the case.
• A verbal judgment is, under the law, 4) CLARIFICATORY JUDGMENT – It is rendered
ineffective. [Corpus v. Sandiganbayan] to clarify an ambiguous judgment or one
6) Judgment must state clearly the facts and the difficult to comply with.
law upon which the decision is based, signed by 5) JUDGMENT NON PRO TUNC - Literally, “now
the judge and filed with the clerk of court. for then”. It is a judgment intended to enter
• A decision need not be a complete recital of into the record the acts which had already been
the evidence presented. So long as the done, but which do not appear in the records.
factual and legal bases are distinctly and 6) JUDGMENT SIN PERJUICIO – It may refer to
clearly set forth, the judgment is valid. a dismissal of a case without prejudice to it
[Chan v. CA] being re-filed.
7) CONDITIONAL JUDGMENT – It is one the
INTERPRETATION OF THE JUDGMENT effectivity of which depends upon the
• Where the judgment is difficult to execute occurrence or non-occurrence of an event.
because of ambiguity in its terms, the remedy 8) SEVERAL JUDGMENT – It is one rendered by
of the party is to file a motion for clarificatory a court against one or more defendants and not
judgment and not to assail the judgment as against all of them, leaving the action to
void. proceed against the others. [Rule 36, Sec. 4]
• Where there is a conflict between the body and • It is proper when the liability of each party
the dispositive portion (fallo) of the decision, is clearly separate and distinct from his co-
the dispositive portion controls. parties such that the claims against each of
them could have been the subject of
AMENDMENTS TO JUDGMENTS
• The power to amend judgments is inherent to
the court before judgment becomes final and
executory.
• General rule: The court cannot amend the
judgment once it has become final and
executory.
• Exception:
1) To make corrections of clerical errors,
not substantial amendments, as by an
amendment non pro tunc;
2) To clarify an ambiguity which is borne
out by and justifiable in the context of
the decision;
3) In judgments for support, which can
always be amended from time to time.
Grounds Civil cases: Controlled by no other so long as the facts required to be set out
Rule 37; rule than the also appear in the verified petition.
Criminal cases: paramount interest of • When an affidavit of merit is not necessary:
Rule 121 justice, relying solely
a) When there is LOJ over the defendant;
upon the sound
discretion of the TC.
b) When there is LOJ over the subject
The exercise of such matter;
discretion may not be c) When judgment was taken by default;
reviewed on appeal d) When judgment was entered by
unless a clear abuse mistake or was obtained by fraud; or
thereof is shown e) Other similar cases.
TWO HEARINGS
1) Hearing to determine WON the judgment
B. REMEDIES AFTER A should be set aside;
JUDGMENT HAS BECOME 2) If #1 in the affirmative, hearing upon the
merits of the case.
FINAL AND EXECUTORY
PRELIMINARY INJUNCTION PENDING
PROCEEDINGS.
RELIEF FROM JUDGMENTS, • The court in which the action is filed may grant
such preliminary injunction as may be
ORDERS OR OTHER PROCEEDINGS
necessary for the preservation right of the
parties, upon the filing of the petitioner of a
• Definition: It is a legal remedy whereby a
bond in favor of the adverse party. [Rule 38,
party seeks to set aside a judgment rendered Sec. 5]
against him by a court whenever he is unjustly • A petition for relief is a remedy available after
deprived of a hearing or was prevented from the judgment or final order has become final
taking an appeal because of FAME. and executory. Hence, the judgment is
• A party who has filed a timely MNT/MFR can no susceptible to being the subject of a writ of
longer file a petition for relief from judgment
execution.
after his motion has been denied. These
remedies are mutually exclusive. It is only in Rule 37 Rule 38
appropriate cases where a party aggrieved by When Before judgment After judgment
the judgment has not been able to file a available becomes final and becomes final
MNT/MFR that a petition for relief can be filed. executory and executory
[Francisco v. Puno]
Period to file Within the time to Within 60 days
GROUNDS [Rule 38, Sec. 1 and 2] petition appeal from knowledge
1) When a judgment or final order is entered into, of judgment
AND within 6
or any other proceedings is taken against the
months from
petitioner in any court through FAME. entry of
2) When the petitioner has been prevented from judgment
taking an appeal by FAME.
Scope of Applies to Judgments, final
• Under both grounds, the petition shall be filed application judgments and final orders, and
in the same court which rendered the judgment orders only other
and in the very same case. proceedings:
- Land
Registration;
PRAYER - Special
1) That the judgment/order/proceeding be set Proceedings;
aside; - Order of
2) That the appeal be given due course. Execution.
final judgment. [GSIS v. Philippine Village Hotel 12) Department of Agrarian Reform (DAR under
(2004)] RA 6657)
13) Government Service Insurance System
MULTIPLE APPEALS (GSIS);
• Civil cases which admit of multiple appeals: 14) Employees Compensation Commission
1) Judgment in an action for recovery or for (ECC);
partition of property is separately 15) Agricultural Inventions Board (AIB);
appealable from the proceedings on that 16) Insurance Commission;
part of the judgment wherein accounting 17) Philippine Atomic Energy Commission
for receipts from the property is ordered as (PAEC);
a primary or incidental relief. When such 18) Board of Investments (BOI);
accounting is submitted and either 19) Construction Industry Arbitration
approved or rejected by the TC, another Commission;
appeal lies therefrom. 20) voluntary arbitrators authorized by law.
2) Special civil actions:
a) Expropriation; (Rule 67) • Rule 43 shall not apply to judgments or final
b) Judicial partition; (Rule 69) orders issued under the Labor Code. [Rule 43,
c) Judicial foreclosure of mortgage; (Rule Sec. 2]
68) • NLRC judgments and final orders or
• Special proceedings also admit of multiple resolutions are now reviewable, in the first
appeals. instance, by the CA on certiorari under Rule
• The order of dismissal due to failure to 65, but those of the ECC should be brought
prosecute is appealable by NOA under Rule 41. to the CA through a petition for review
[Ko v. PNB (2006)] But an order of dismissal under this Rule. Also, appeals from the
without prejudice is not appealable under Rule Office of the Ombudsman in administrative
41. [Philexport v. PI (2004)] disciplinary cases are now covered by this
rule. [Fabian v. Desierto (1998)]
• RA 9282: Decisions of the CTA are now
B. PETITION FOR REVIEW appealable to the SC by petition for review on
certiorari under Rule 45.
• Resolution of DOJ Secretary is not appealable
under Rule 43. Recourse should be to the
PETITION FOR REVIEW FROM RTC TO CA President, instead of the CA, under the
[Rule 42] established principle of exhaustion of
administrative remedies. [Orosa v. Roa (2006)]
APPLICABILITY • EXHAUSTION OF ADMINISTRATIVE
• Appeal of RTC decision rendered in exercise of REMEDIES – If an appeal/remedy obtains
appellate jurisdiction. [Rule 42, Sec. 1] or is available within the administrative
machinery, this should be resorted to
CNFS before resort can be made to the courts.
• Petitioner in a petition for review in CA/SC • Under Rule 43, Sec. 4 the petition should be
must submit a CNFS with the petition. filed within 15 days from: [Villorente v. Laiya
However, this rule is relaxed where there is (2005)]
need to conduct a review. In those instances, 1) Notice of the final order;
petitioner may comply with the requirement 2) The date of its last publication, if
after he has filed the petitions. [Rule 42, Sec. publication is required by law for its
1] effectivity;
3) The denial of the petitioner’s MFR duly filed
PETITION FOR REVIEW FROM
FROM QJA TO CA according to the governing law of the court
[Rule 43] or agency a quo.
• Under Rule 43, there is no need to implead the
APPLICABILITY lower court or agency which rendered the
• Appeals from judgments or final orders of the assailed decision. [Basmayor v. Atencio
CTA and from awards, judgments, final orders (2005)]
or resolutions of or authorized by any quasi- • Submission of the duplicate original or certified
judicial agency (QJA) in the exercise of its true copy of judgment/order/resolution/ruling
quasi-judicial functions: [Rule 43, Sec. 1] subject of a petition for certiorari is essential to
1) Civil Service Commission (CSC); determine WON the court/body/tribunal which
2) Central Board of Assessment Appeals rendered the same indeed committed
(CBAA); GAD. Either a legible duplicate original or
3) Securities and Exchange Commission certified true copy thereof shall be
(SEC); submitted. If what is submitted is a copy, then
4) Office of the President (OP); it is required that the same is certified by the
5) Land Registration Authority (LRA); proper officer of the
6) Social Security Commission (SSC); court/tribunal/agency/office involved. This is
7) Civil Aeronautics Board (CAB); to assure that such copy is a faithful
8) Bureau of Patents, Trademarks and reproduction of the
Technology Transfer (BPTTT); judgment/order/resolution/ruling subject of the
9) National Electrification Administration petition. [Coca-cola v. Cabalo (2006)]
(NEA);
10) Energy Regulatory Board (ERB);
11) National Telecommunications Commission
(NTC);
• The following, while neither controlling nor fully considered, would justify a different
measuring the court's discretion, indicate the conclusion. [Abellana v. Dosdos
character of reasons which will be considered: (1965)]
a) When the court a quo has decided a 8) CA’s findings of fact are contrary to
question of substance, not theretofore those of the TC, or are mere
determined by the SC, or has decided it in conclusions without citation of specific
a way probably not in accord with law or evidence, or where the facts set forth
with the applicable decisions of the SC; or by the petitioner are not disputed by
b) When the court a quo has so far departed the respondent, or where the findings
from the accepted and usual course of of fact of the CA are premised on
judicial proceedings, or so far sanctioned absence of evidence but are
such departure by a lower court, as to call contradicted by the evidence of record.
for an exercise of the power of supervision. [Manlapaz v. CA (1987)]
MAY REQUIRE PLEADINGS AND DOCUMENTS [Rule • Rule 65 cannot cure the failure to appeal thru
45, Sec. 7] Rule 45. [Perez-Rosario v. CA (2006)]
• For purposes of determining WON the petition
should be dismissed or denied pursuant to Rule
45, Sec. 5, or where the petition is given due D. PROCEDURE IN CA
course under Sec. 8 hereof, the SC may
require/allow the filing of
pleadings/briefs/memoranda/documents as it
may deem necessary, and impose the ORDINARY APPEALED CASES [Rule 44]
sanctions in case of non-filing or unauthorized
filing of such pleadings and documents or non- APPLICABILITY [Rule 44, Sec. 1]
compliance with the conditions therefor. • Cases appealed under R41.
• Where the completion of the record could not • Within 45 days from receipt of appellant's brief,
be accomplished within a sufficient period the appellee shall file with the court 7 copies of
allotted for said purpose due to insuperable or his legibly typewritten/mimeographed/printed
extremely difficult causes, the court may brief, with proof of service of 2 copies thereof
declare that the record and its accompanying upon the appellant.
transcripts and exhibits so far available are • Contents of appellee’s brief: [Rule 44, Sec. 14]
sufficient to decide the issues raised in the a) Subject index.
appeal, and shall issue an order explaining the b) STATEMENT OF FACTS – Statement that
reasons for such declaration. [Rule 44, Sec. 6] appellee accepts the statement of facts in
the appellant’s brief; or COUNTER-
APPELLANT’S BRIEF [Rule 44, Sec. 7] STATEMENT OF FACTS – Points out the
• It shall be the duty of the appellant to file with insufficiencies/inaccuracies appellee
the court, within 45 days from receipt of the believes to exist in the appellant’s
notice of the clerk that all the evidence are statement of facts, with references to the
attached to the record, 7 copies of his legibly supporting pages of the record. Matters in
typewritten/mimeographed/printed brief, with the appellant’s statement of facts should
proof of service of 2 copies thereof upon the not be repeated.
appellee. c) ARGUMENT – Appellee’s arguments on
• Contents of appellant’s brief: [Rule 44, Sec. each assignment of error, with page
13] references to the record. The authorities
a) SUBJECT INDEX – Digest of the relied upon shall be cited by the page of
arguments and page references, and a the report at which the case begins and the
tables of: (1) cases alphabetically page of the report on which the citation is
arranged; and (2) books and statutes cited, found.
with references to the pages where they
are cited. REPLY BRIEF [Rule 44, Sec. 9]
b) ASSIGNMENT OF ERRORS – Errors urged • Within 20 days from receipt of appellee's brief,
separately, distinctly and concisely; stated the appellant may file a reply brief answering
without repetition and numbered points in appellee's brief not already covered in
consecutively. his main brief.
• WON appellant has filed a MNT in the
court below, he may include in his MEMORANDA IN SPECIAL CASES [Rule 44, Sec. 10]
assignment of errors any question of • In certiorari, prohibition, mandamus, quo
law/fact that has been raised in the warranto and habeas corpus cases, the parties
court below and which is within the shall be file (in lieu of briefs) their respective
issues framed by the parties. [Rule 44, memoranda within a non-extendible period of
Sec. 15] 30 days from receipt of the notice issued by the
c) STATEMENT OF THE CASE – Clear and clerk that all the evidence is already attached
concise statement of the nature of the to the record.
action, a summary of the proceedings, the • The failure of the appellant to file his
appealed court rulings and orders, the memorandum within the period therefor may
nature of the judgment and any other be a ground for dismissal of the appeal.
matters necessary to an understanding of
the nature of the controversy, with page SEVERAL/PLURALITY OF
references to the record. APPELLANTS/APPELLEES/COUNSELS [Rule 44, Sec.
d) STATEMENT OF FACTS – Clear and 11]
concise narrative statement of the facts • Where there are several appellants/appellees,
admitted by both parties and of those in each counsel representing one or more but not
controversy, together with the substance of all of them shall be served with only one copy
the related proof, in sufficient detail to of the briefs.
make it clearly intelligible and with page • When several counsel represent one appellant
references to the record. or appellee, copies of the brief may be served
e) ISSUES – Clear and concise statement of upon any of them.
issues of fact/law submitted to the court for
its judgment. EXTENSION OF TIME FOR FILING BRIEFS [Rule 44,
f) ARGUMENT – Appellant’s arguments on Sec. 12]
each assignment of error, with page • Extension of time for the filing of briefs will not
references to the record. The authorities be allowed, except for good and sufficient
relied upon shall be cited by the page of cause, and only if the motion for extension is
the report at which the case begins and the filed before the expiration of the time sought to
page of the report on which the citation is be extended.
found.
g) RELIEF – Specification of the BRIEF [De Liano v. CA (2001)]
order/judgment which the appellant seeks. • Purpose: To present to the court in concise
In cases not brought up by record on form the points and questions in controversy,
appeal, the appellant’s brief shall contain and by fair argument on the facts and law of
(as an appendix) a copy of the judgment or the case to assist the court in arriving at a just
final order appealed from. and proper conclusion.
h) Attachment: Certified true copy of the • The brief should be so prepared as to minimize
decision or final order appealed from. [Rule the labor of the court in the examination of the
124, Sec. 7] record upon which the appeal is heard and
determined.
APPELLEE’S BRIEF [Rule 44, Sec. 8]
• Failure to comply with required contents of P500 for costs at the time of the filing of the
appellant’s brief is cause for dismissal of the petition.
petition.
• The failure of the petitioner to comply with any
ORIGINAL CASES [Rule 46] of the foregoing requirements shall be sufficient
ground for the dismissal of the petition. [Rule
APPLICABILITY [Rule 46, Sec. 2] 46, Sec. 3]
• Original actions for certiorari, prohibition,
mandamus and quo warranto.
• Except as otherwise provided, the actions for JURISDICTION OVER RESPONDENT’S PERSON
annulment of judgment shall be governed by [Rule 46, Sec. 4]
Rule 47, for certiorari, prohibition and 1) By the service on him of its order/resolution
mandamus by Rule 65, and for quo warranto indicating its initial action on the petition;
by Rule 66. 2) By his voluntary submission to such
• Rule 46 primarily governs original actions for jurisdiction.
certiorari filed in, CA but Rule 65 generally
serves to supplement the same. Rules 46 and COURT ACTION [Rule 46, Sec. 5]
65 co-exist with each other and should be • The court may either:
construed so as to give effect to every 1) Dismiss the petition outright with specific
provision of both rules. Under Rule 46, mere reasons for such dismissal;
duplicate originals of the assailed orders are 2) Require the respondent to file a comment
allowed. [Republic v. Carmel (2002)] on the same within 10 days from notice.
• Only pleadings required by the court shall be
CASE TITLE [Rule 46, Sec. 1] allowed. All other pleadings and papers may be
• In all cases originally filed in the CA, the party filed only with leave of court.
instituting the action shall be called the
petitioner and the opposing party the DETERMINATION OF FACTUAL ISSUES [Rule 46,
respondent. Sec. 6]
• Whenever necessary to resolve factual issues,
CONTENTS OF PETITION [Rule 46, Sec. 3] the court may either:
1) Full names and actual addresses of all the 1) Conduct hearings thereon;
petitioners and respondents; 2) Delegate the reception of the evidence on
2) Concise statement of the matters involved; such issues to any of its members or to an
3) Factual background of the case; appropriate court/agency/office.
4) Grounds relied upon for the relief prayed for.
FAILURE TO COMMENT [Rule 46, Sec. 7]
FILING OF PETITION [Rule 46, Sec. 3] • When no comment is filed by any of the
• It shall be filed in 7 clearly legible copies respondents, the case may be decided on the
together with proof of service thereof on the basis of the record, without prejudice to any
respondent with the original copy intended for disciplinary action which the court may take
the court indicated as such by the petitioner, against the disobedient party.
and shall be accompanied by a clearly legible
duplicate original or certified true copy of the PRELIMINARY CONFERENCE
judgment/order/resolution/ruling subject • Matters to be taken up: At any time during the
thereof, such material portions of the record as pendency of a case, the court may call the
are referred to therein, and other documents parties and their counsel to a preliminary
relevant/pertinent thereto. The certification conference: [Rule 48, Sec. 1]
shall be accomplished by the proper clerk of 1) To consider the possibility of an amicable
court or by the proper officer of the settlement, except when the case is not
court/tribunal/agency/office involved. The other allowed by law to be compromised;
requisite number of copies of the petition shall 2) To define/simplify/clarify the issues for
be accompanied by clearly legible plain copies determination;
of all documents attached to the original. 3) To formulate stipulations of facts and
• The petitioner shall also submit together with admissions of documentary exhibits, limit
the petition a sworn certification that he has the number of witnesses to be presented in
not theretofore commenced any other action cases falling within the original jurisdiction
involving the same issues in the SC/CA or of the court, or those within its appellate
different divisions thereof or any other jurisdiction where a MNT is granted on the
tribunal/agency. If there is such other ground of newly discovered evidence;
action/proceeding, he must state the status of 4) To take up such other matters which may
the same; and if he should thereafter learn that aid the court in the prompt disposition of
a similar action/proceeding has been filed or is the case.
pending before the SC/CA or different divisions
thereof or any other tribunal/agency, he
undertakes to promptly inform the aforesaid
courts and other tribunal/agency thereof within
5 days therefrom.
• The proceedings at the preliminary conference the tenets of justice and fair play, having in
shall be recorded. Upon the conclusion thereof, mind the circumstances obtaining in each case,
a resolution shall be issued embodying all: (1) the presumption is that it has been so
the actions taken therein, (2) the stipulations exercised. [PNB v. Philippine Milling (1969)]
and admissions made, and (3) the issues • Failure to file appellant’s brief within the
defined. [Rule 48, Sec. 2] reglementary period need not necessarily cause
• The resolution in the preliminary conference dismissal of appeal where the same was due to
shall control the subsequent proceedings in the force majeure. [Padasas v. CA (1974)]
case. [Rule 48, Sec. 3]
• Exception: DISMISSAL OF IMPROPER APPEAL [Rule 50, Sec. 2]
1) Modifications may be made to prevent • An appeal under Rule 41 taken from the RTC to
manifest injustice; the CA raising only questions of law shall be
2) Within 5 days from notice thereof, any dismissed; issues purely of law not being
party may satisfactorily show valid reviewable by said court. Similarly, an appeal
cause why the resolution should not be by NOA instead of by petition for review from
followed. the appellate judgment of a RTC shall be
dismissed.
ORAL ARGUMENT • An appeal erroneously taken to the CA shall not
• The court may hear the parties in oral be transferred to the appropriate court but
argument on the merits of a case or on any shall be dismissed outright.
material incident in connection therewith. The • It is true that Circular No. 2-90 now prohibits
oral argument shall be limited to such matters the transfer of appeals erroneously taken to the
as the court may specify in its order/resolution. SC/CA to whichever of these tribunals has
[Rule 49, Sec. 1] appropriate appellate jurisdiction. But where SC
• Unless authorized by the court, only one believes that there are factual issues which
counsel may argue for a party. The duration must be resolved, it may, in the exercise of its
allowed for each party, the sequence of the sound discretion and considering the attendant
argumentation, and all other related matters circumstances, either itself take cognizance of
shall be as directed by the court. [Rule 49, Sec. and decide such issues or refer them to CA for
2] determination. [Atlas Consolidated v. CA
• Motions shall not be set for hearing. Unless the (1991)]
court otherwise directs, no hearing or oral • Nonpayment of the appellate court docket and
argument shall be allowed in support of other lawful fees within the reglementary
motions. The adverse party may file objections period as provided under Rule 41, Sec. 4 is a
to the motion within 5 days from service. Upon ground for the dismissal of an appeal under
the expiration of the 5 days, the motion shall Rule 50, Sec. 1(c). SC has invariably sustained
be deemed submitted for resolution. [Rule 49, the CA’s dismissal on technical grounds under
Sec. 3] the aforequoted provision unless considerations
of equity and substantial justice present cogent
DISMISSAL OF APPEAL reasons to hold otherwise. True, the rules may
• Grounds: [Rule 50, Sec. 1] be relaxed but only for persuasive and weighty
1) Failure of the record on appeal to show on reasons, to relieve a litigant of an injustice
its face that the appeal was taken within commensurate with his failure to comply with
the period fixed by ROC; the prescribed procedure. [Cu-unjieng v. CA
2) Failure to file the NOA/ROA within the (2006)]
period prescribed by ROC;
3) Failure of the appellant to pay the docket
WITHDRAWAL OF APPEAL [Rule 50, Sec. 3]
and other lawful fees under Rule 41, Sec.
• An appeal may be withdrawn as of right at any
4;
time before the filing of the appellee's brief.
4) Unauthorized alterations/omissions/
Thereafter, the withdrawal may be allowed in
additions in the approved ROA under Rule
the discretion of the court.
44, Sec. 4;
5) Failure of the appellant to serve and file the
STAY OF EXECUTION
required number of copies of his brief or
• General rule: In ordinary appeals, execution
memorandum within the time provided by
is stayed.
the ROC;
• Exception:
6) Absence of specific assignment of errors in
1) Decision in forcible entry and unlawful
the appellant's brief, or of page references
detainer.
to the record as required in Rule 44, Sec.
• Exception to exception: If
13, paragraphs (a), (c), (d) and (f);
appellant stays immediate
7) Failure of the appellant to take the
execution by filing a NOA,
necessary steps for the
supersedeas bond and depositing
correction/completion of the record within
in court a monthly rental or
the time limited by the court in its order;
compensation for the occupation as
8) Failure of the appellant to appear at the
fixed by the court which rendered
preliminary conference under Rule 48 or to
the decision. [Rule 70, Sec. 19]
comply with court
2) Decision of the MeTC/MTC/MCTC or the
orders/circulars/directives without
RTC where execution pending appeal
justifiable cause;
has been granted by the court of origin
9) The fact that the order/judgment appealed
or in a proper case by the appellate
from is not appealable.
court upon good reasons to be stated
• CA has discretion to dismiss or not to dismiss
in the order. [Rule 39, Sec. 2]
appeal. Although said discretion must be a
sound one, to be exercised in accordance with
3) Decision of the RTC rendered in the from those set forth in the
exercise of its appellate jurisdiction on decision/order/resolution appealed from. [Sec.
cases tried and decided by the court of 40, BP 129; Rule 51, Sec. 5]
origin under Summary Procedure. • HARMLESS ERROR RULE — No error in the
[Sec. 21, Revised Rules on Summary admission/exclusion of evidence and no
Procedure] error/defect in any ruling/order or in anything
4) Decision of QJA under the Rule 43, done/omitted by the TC or by any of the parties
Sec. 12, unless otherwise provided by is ground for granting a new trial or for setting
the CA; aside, modifying or otherwise disturbing a
5) Decision in cases of injunction, judgment/order, unless refusal to take such
receivership, support and accounting. action appears to the court inconsistent with
[Rule 39, Sec. 4] substantial justice. The court at every stage of
the proceeding must disregard any error/defect
WHEN CASE IS SUBMITTED FOR JUDGMENT [Rule which does not affect the substantial rights of
51, Sec. 1] the parties. [Rule 51, Sec. 6]
A. In ordinary appeals. • In all actions/proceedings, an appealed
1) Where no hearing on the merits of the main judgment may be affirmed as to some of the
case is held, upon the filing of the last appellants and reversed as to others, and the
pleading/brief/memorandum required by case shall thereafter be proceeded with as if
the ROC or by the court itself, or the separate actions had been begun and
expiration of the period for its filing. prosecuted. Execution of the judgment of
2) Where such a hearing is held, upon its affirmance may be had accordingly, and costs
termination or upon the filing of the last may be adjudged in such cases, as the court
pleading/memorandum required/permitted shall deem proper. [Rule 51, Sec. 7]
to be filed by the court, or the expiration of • No error which does not affect the jurisdiction
the period for its filing. over the subject matter or the validity of the
B. In original actions and petitions for review.— judgment appealed from or the proceedings
1) Where no comment is filed, upon the therein will be considered unless stated in the
expiration of the period to comment. assignment of errors, or closely related to or
2) Where no hearing is held, upon the filing of dependent on an assigned error and properly
the last pleading required/permitted to be argued in the brief. [Rule 51, Sec. 8]
filed by the court, or the expiration of the • Exception: The court may pass upon plain
period for its filing. errors and clerical errors.
3) Where a hearing on the merits of the main • After the judgment or final resolution and and
case is held, upon its termination or upon dissenting/separate opinions are signed by the
the filing of the last pleading/memorandum Justices taking part, they shall be delivered for
required/permitted to be filed by the court, filing to the clerk. The clerk shall indicate
or the expiration of the period for its filing. thereon the date of promulgation and cause
true copies thereof to be served upon the
JUDGMENT parties or their counsel. [Rule 51, Sec. 9]
• It is rendered by the members of the court who
participated in the deliberation on the merits of ENTRY OF JUDGMENT AND FINAL RESOLUTIONS
the case before its assignment to a member for [Rule 51, Sec. 10]
the writing of the decision. [Rule 51, Sec. 2] • If no appeal/MNT/MFR is filed within the
• The participation of all 3 Justices of a division reglementary period, the judgment or final
shall be necessary at the deliberation. The resolution shall be entered by the clerk in the
unanimous vote of the 3 Justices shall be book of entries of judgments.
required for the pronouncement of a judgment • The date when the judgment or final resolution
or final resolution. If the 3 Justices do not becomes executory shall be deemed as the
reach a unanimous vote, the clerk shall enter date of its entry.
the votes of the dissenting Justices in the • The record shall contain the dispositive part of
record. Thereafter, the Chairman of the the judgment or final resolution and shall be
division shall refer the case (together with the signed by the clerk, with a certificate that such
minutes of the deliberation) to the Presiding judgment or final resolution has become final
Justice who shall designate 2 Justices chosen and executory.
by raffle from among all the other members of
the court to sit temporarily with them, forming EXECUTION OF JUDGMENT [Rule 51, Sec. 11]
a special division of 5 Justices. The • Motion for execution of the judgment or final
participation of all the 5 members of the special order or resolution may only be filed in the
division shall be necessary for the deliberation proper court after its entry.
and the concurrence of a majority of such • Exception: If the judgment or final order
division shall be required for the or resolution (or a portion thereof) is
pronouncement of a judgment or final ordered to be immediately executory,
resolution. [Rule 51, Sec. 3] • In original actions in the CA, its writ of
• The CA, in the exercise of its appellate execution shall be accompanied by a certified
jurisdiction, may affirm/reverse/modify the true copy of the entry of judgment or final
judgment or final order appealed from, and resolution and addressed to any appropriate
may direct a new trial or further proceedings to officer for its enforcement.
be had. [Rule 51, Sec. 4] • In appealed cases, where the motion for
• Every decision or final resolution of the CA in execution pending appeal is filed in the CA at a
appealed cases shall clearly and distinctly state time that it is in possession of the original
the findings of fact and the conclusions of law record or ROA, the resolution granting such
on which it is based, which may be contained in motion shall be transmitted to the lower court
the decision or final resolution itself, or adopted from which the case originated, together with a
If no appeal has been perfected, or the If an appeal has been perfected and duly
period of appeal has expired resolv ed, there are two ways by whic h
execution can be carried out
A. EXECUTION AS A MATTER
OF RIGHT
place which would render the execution unjust, 2) contempt orders by reason of unauthorized
a hearing on the motion should be held. [Luzon reentry on the land by the ejected defendant
Surety v. Beson (1976)] [Azotes v. Blanco];
unless discretionary execution is granted by the 4) land registration proceedings (and other
court. special proceedings), hence the right to ask for
• Exceptions: However, judgments in the a WRIT OF POSSESSION THEREIN NEVER
following action, despite perfection of an PRESCRIBES
appeal, shall be executed, unless the court
orders otherwise:
B. DISCRETIONARY
1) injunction
2) receivership EXECUTION
3) accounting
4) support
Situation 1: Trial Court still has Situation 2: Trial court has lost
jurisdiction over the case and is in jurisdiction
possession of either the original record
or the record on appeal, as the case
may be.
NOTE HOWEVER that Discretionary execution may be stayed upon approval by the proper
court of a SUFFICIENT SUPERSEDEAS BOND FIL ED by the party against w hom it is
directed, conditioned upon the perf ormance of the judgment or order allow ed to be executed
in case it shall be finally sustained in w hole or in part. The bond thus given m ay be
procee ded against on motion with notice to the s ure ty
(c) Three horses, or three cows, or three carabaos, effect during the period within which the
or other beasts of burden, such as the judgment judgment may be enforced by motion. The
obligor may select necessarily used by him in his officer shall make a report to the court every
ordinary occupation; thirty (30) days on the proceedings taken
thereon until the judgment is satisfied in full, or
(d) His necessary clothing and articles for ordinary its effectivity expires. The returns or periodic
personal use, excluding jewelry; reports shall set forth the whole of the
proceedings taken, and shall be filed with the
(e) Household furniture and utensils necessary for court and copies thereof promptly furnished the
housekeeping, and used for that purpose by the parties. [Section 12, Rule 39]
judgment obligor and his family, such as the
judgment obligor may select, of a value not 3. NOTICE REQUIREMENT
exceeding one hundred thousand pesos;
• Before the sale of property on execution, notice
(f) Provisions for individual or family use sufficient thereof must be given as follows:
for four months;
(a) In case of perishable property, by posting
(g) The professional libraries and equipment of written notice of the time and place of the sale
judges, lawyers, physicians, pharmacists, dentists, in three (3) public places, preferably in
engineers, surveyors, clergymen, teachers, and conspicuous areas of the (CPM) municipal or
other professionals, not exceeding three hundred city hall, post office and public market in the
thousand pesos in value; municipality or city where the sale is to take
place, for such time as may be reasonable,
(h) One fishing boat and accessories not exceeding considering the character and condition of the
the total value of one hundred thousand pesos property;
owned by a fisherman and by the lawful use of
which he earns his livelihood; (b) In case of other personal property, by
posting a similar notice in the three (3) public
(i) So much of the salaries, wages, or earnings of places above-mentioned for not less than five
the judgment obligor for his personal services (5) days;
within the four months preceding the levy as are
necessary for the support of his family; (c) In case of real property, by posting for
twenty (20) days in the three (3) public places
(j) Lettered gravestones; abovementioned a similar notice particularly
describing the property and stating where the
(k) Monies, benefits, privileges, or annuities property is to be sold, and if the assessed value
accruing or in any manner growing out of any life of the property exceeds fifty thousand
insurance; (P50,000.00) pesos, by publishing a copy of
the notice once a week for two (2) consecutive
(l) The right to receive legal support, or money or weeks in one newspaper selected by raffle,
property obtained as such support, or any pension whether in English, Filipino, or any major
or gratuity from the Government; regional language published, edited and
circulated or, in the absence thereof, having
(m) Properties specially exempted by law. (e.g., general circulation in the province or city;
property mortgaged to the DBP [Section 26, CA
458]; savings of national prisoners deposited with (d) In all cases, written notice of the sale shall
the POSTAL SAVINGS BANK [Act 2489]; benefits be given to the judgment obligor, at least three
from private retirement systems of companies and (3) days before the sale, except as provided in
establishments with limitations [RA 4917]; paragraph (a) hereof where notice shall be
laborer’s wages except for debts incurred for food, given the same manner as personal service of
shelter, clothing and medical attendance [ART pleadings and other papers as provided by
1708, CIVIL CODE]; benefit payments from SSS section 6 of Rule 13.
[Section 16, RA 1161 AS AMENDED])
• The notice shall specify the place, date and
• Exception: However, no article or species of exact time of the sale which should not be
property mentioned in this section shall be earlier than nine o'clock in the morning and not
exempt from (1) execution issued upon a later than two o'clock in the afternoon (9am-
judgment recovered for its price or (2) upon a 2pm). The place of the sale MAY BE AGREED
judgment of foreclosure of a mortgage thereon. UPON BY THE PARTIES. In the absence of such
agreement, the sale of the property or personal
• The exemptions MUST BE CLAIMED, otherwise property not capable of manual delivery shall
they are deemed waived. It is not the duty of be held in the office of the clerk of court of the
the sheriff to set off the exceptions on his own Regional Trial Court or the Municipal Trial Court
initiative. [Herrera v. Mcmicking] which issued the writ of or which was
designated by the appellate court. In the case
2. RETURN OF WRIT OF EXECUTION of personal property capable of manual
delivery, the sale shall be held in the place
• The writ of execution shall be returnable to the where the property is located. [Section 15,
court issuing it immediately after the judgment Rule 39]
has been satisfied in part or in full. If the
judgment cannot be satisfied in full within PENALTIES
thirty (30) days after his receipt of the writ, the (Selling without notice and defacing notice)
officer shall report to the court and state the
An officer selling without A person willfully
reason therefor. Such writ shall continue in
the notice prescribed by removing or defacing CERTIORARI AS A REMEDY in the event that his
section 15 of this Rule the notice posted claim was denied since HE IS A NONPARTY to
the original action.
pay punitive damages in if done before the sale,
the amount of five or before the 5. PREVENTING EXECUTION SALE
thousand (P5,000.00) satisfaction of the
pesos to any person judgment if it be • At any time before the sale of property on
injured thereby, IN satisfied before the sale, execution, the judgment obligor may prevent
ADDITION TO HIS shall be liable to pay the sale by paying the amount required by the
ACTUAL DAMAGES, five thousand execution and the costs that have been
BOTH TO BE (P5,000.00) pesos to incurred therein. [Section 18, Rule 39] This is
RECOVERED BY MOTION any person injured by akin to the equitable right of redemption under
IN THE SAME ACTION reason thereof, in Rule 68, which is available to the judgment
addition to his actual obligor in judicial foreclosure of mortgage. The
damages, to be difference lies in the fact that under Rule 68, a
recovered by motion in definite period is given.
the same action
6. CONCLUDING THE EXECUTION
SALE
4. RULES REGARDING TERCERIA
• When the purchaser is the judgment obligee,
(THIRD-PARTY CLAIMS)
and no third-party claim has been filed, he
need not pay the amount of the bid if it does
The third person whose property was levied on
not exceed the amount of his judgment. If it
must make an (A—G—S-)
does, he shall pay only the excess. [Section 21,
Rule 39]
(1) affidavit of his title thereto or right to the
• By written consent of the judgment obligor and
possession thereof,
obligee, or their duly authorized
(2) stating the grounds of such right or title, and
representatives, the officer may adjourn the
(3) serves the same upon the officer making the
sale to any date and time agreed upon by
levy and copy thereof, upon the judgment oblige;
them. Without such agreement, he may
adjourn the sale from day to day if it becomes
The officer shall not be bound to keep the property,
necessary to do so for lack of time to complete
as a general rule
the sale on the day fixed in the notice or the
day to which it was adjourned [Section 22, Rule
39]. Written consent is essential, otherwise the
adjournment will be void [Abrozar v. IAC
Sheriff is bound to keep the property when the (1988)]
JUDGMENT OBLIGEE, ON DEMAND OF THE • Upon a sale of real property , the officer must
OFFICER, FILES A BOND APPROVED BY THE COURT give to the purchaser a certificate of sale
TO INDEMNITY THE THIRD-PARTY CLAIMANT IN A containing: (a) A particular description of the
SUM NOT LESS THAN THE VALUE OF THE real property sold; (b) The price paid for each
PROPERTY LEVIED ON. distinct lot or parcel; (c) The whole price paid
by him; (d) A statement that the right of
redemption expires one (1) year from the date
In case of disagreement as to such value of the of the registration of the certificate of sale.
bond, the same shall be determined by the court Such certificate must be registered in the
issuing the writ of execution. No claim for damages registry of deeds of the place where the
for the taking or keeping of the property may be property is situated. [Section 25, Rule 39]
enforced against the bond unless the action
therefor is filed within one hundred twenty (120) RULES GOVERNING REDEMPTION
days from the date of the filing of the bond.
The officer shall not be liable for damages for the 1) Real property sold as provided in the last
taking or keeping of the property, to any third- preceding section, or any part thereof sold
party claimant if such bond is filed separately, may be redeemed in the manner
hereinafter provided, by the following persons:
• The proceedings set forth above SHALL NOT
PREVENT SUCH CLAIMANT OR ANY THIRD a) The judgment obligor; or his successor in
PERSON FROM VINDICATING HIS CLAIM TO interest in the whole or any part of the
THE PROPERTY IN A SEPARATE ACTION, OR property;
PREVENT THE JUDGMENT OBLIGEE FROM
CLAIMING DAMAGES IN THE SAME OR A b) A creditor having a lien by virtue of an
SEPARATE ACTION AGAINST A THIRD-PARTY attachment, judgment or mortgage on the
CLAIMANT WHO FILED A FRIVOLOUS OR property sold, or on some part thereof,
PLAINLY SPURIOUS CLAIM. subsequent to the lien under which the
property was sold. Such redeeming creditor
• Apart from Rule 39, the only other provisions of is termed a redemptioner. [Section 27,
the Rules of Court dealing with terceria or third Rule 39]
party claims are Rule 57.14 on preliminary
attachment and Rule 60.7 on replevin. 2) Redemption can be made by either person:
• In Sierra v. Rodriguez and Northern Motors v. a) JUDGMENT OBLIGOR, Within one year from
Coquia, the Court held that the third party the date of REGISTRATION OF THE
claimant CANNOT APPEAL NOR AVAIL OF CERTIFICATE OF SALE
e) If no redemption be made within one (1) THE JUDGMENT IS SATISFIED OUT OF THE
year from the date of the registration of the PROCEEDS OF THE SALE OF THE PROPERTY
certificate of sale, the purchaser is entitled OF ONE OF THEM, or one of them pays,
to a conveyance and possession of the without a sale, more than his proportion,
property; or, if so redeemed whenever he may compel a contribution from the
sixty (60) days have elapsed and no other others; and when a judgment is upon an
redemption has been made, and notice obligation of one of them, as security for
thereof given, and the time for redemption another, and the surety pays the amount,
has expired, the last redemptioner is or any part thereof, either by sale of his
entitled to the conveyance and possession ; property or before sale, he may compel
but in all cases the judgment obligor shall repayment from the principal. [Section 35,
have the entire period of one (1) year from Rule 39].
the date of the registration of the sale to
redeem the property. The deed shall be 8. REMEDIES OF JUDGMENT
executed by the officer making the sale or CREDITOR IN AID OF EXECUTION
by his successor in office, and in the latter (Sections 36-43)
case shall have the same validity as though
the officer making the sale had continued in 1. If the execution is returned unsatisfied, he may
office and executed it. Upon the expiration cause the EXAMINATION OF THE JUDGMENT
of the right of redemption, the purchaser or DEBTOR AS TO HIS PROPERTY AND INCOME
redemptioner shall be substituted to and [Section 36]
acquire all the rights, title, interest and
claim of the judgment obligor to the 2. He may cause examination of the DEBTOR OF
property as of the time of the levy. The THE JUDGMENT DEBTOR as to any debt owed by
possession of the property shall be given to him or to any property of the judgment debtor in
the purchaser or last redemptioner by the his possession [Section 37].
same officer unless a third party IS
ACTUALLY HOLDING THE PROPERTY 3. If after examination, the court finds the property
adversely to the judgment obligor. [Section of the judgment debtor either in his own hands or
33, Rule 39] that of any person, the court may order the
property applied to the satisfaction of the
f) Recovery of purchase price and revival of judgment. A party or other person may be
judgment: COMPELLED BY AN ORDER OR SUBPOENA TO
ATTEND BEFORE THE COURT OR COMMISSIONER
TO TESTIFY as provided in Sect 36-37.
G. EFFECTS OF JUDGMENTS OR FINAL • Res Judicata vs. “law of the case”. Law of
ORDERS the case refers to legal conclusions announced
on a first appeal, whether on the general law or
1. RES JUDICATA IN JUDGMENTS IN the law as applied to the concrete facts, not
REM only prescribe the duty and limit the power of
the trial court to strict obedience and
conformity thereto, but they become and
JUDGMENTS OR CONCLUSIVE AS TO
remain the law of the case in all other steps
FINAL ORDER
whether in the lower court or in the appellate
court on a subsequent appeal [Zarate vs.
Against a specific thing Title of the thing
Director of Lands].
• Law of the case designates the principle that if
Probate of a will or the will or
an appellate court has passed on a legal
administration of the administration.
question and remanded the cause to the court
estate of a deceased
However, the probate of below for further proceedings, the legal
person
a will or granting of question thus determined by the appellate
court will not be differently determined on a
letters of administration
subsequent appeal in the same case where the
shall only be prima facie
evidence of the death of facts remain the same. It is a doctrine which
the testator or intestate; provides that an appellate court’s
determination on a legal issue is binding on
in respect to the condition, status or both the trial court on remand and an appellate
personal, political, or relationship of the court on a subsequent appeal given the same
legal condition or person, case and substantially the same facts. The
status of a particular doctrine of "law of the case" is one of policy
person or his only and will be disregarded when compelling
relationship to another circumstances call for a redetermination of the
determination of point of law on prior appeal,
and this is particularly true where intervening
2. RES JUDICATA IN JUDGMENTS IN or contemporaneous change in law has
PERSONAM occurred by overruling former decisions or
establishment of new precedent by controlling
• In other cases, the judgment or final order is, authority.
with respect to the matter directly adjudged or
as to any other matter that could have been 4. EFFECT OF FOREIGN JUDGMENTS
missed in relation thereto, conclusive between
the parties and their successors in interest, by • In case of a judgment or final order upon a
title subsequent to the commencement of the specific thing , the judgment or final order, is
action or special proceeding, litigating for the conclusive upon the title to the thing.
same thing and under the same title and in the
same capacity. • In case of a judgment or final order against a
person, the judgment or final order is
3. CONCLUSIVENESS OF JUDGMENT/ presumptive evidence of a right as between the
PRECLUSION OF ISSUES (AUTER parties and their successors in interest by a
ACTION PENDANT) subsequent title.
• In any other litigation between the same • IN EITHER CASE, THE JUDGMENT OR FINAL
parties or their successors in interest, that only ORDER MAY BE REPELLED BY EVIDENCE OF A
is deemed to have been adjudged in a former WANT OF JURISDICTION, WANT OF NOTICE TO
judgment or final order which appears upon its THE PARTY, COLLUSION, FRAUD, OR CLEAR
face to have been so adjudged, or which was MISTAKE OF LAW OR FACT.
actually and necessarily included therein or
necessary thereto. • Such limitation on the review of foreign
judgment is adopted in all legal systems to
BAR BY FORMER CONCLUSIVENESS avoid repetitive litigation on claims and issues,
JUDGMENT (RES OF JUDGMENT prevent harassment of the parties and avoid
JUDICATA) undue imposition on the courts. This policy of
preclusion rests on principles of comity, utility
ANSWER [Sec. 5]
• Within 10 days from service of summons, the
defendant shall file his answer to the complaint
and serve a copy thereof on the plaintiff.
• Affirmative and negative defenses not pleaded
therein shall be deemed waived,
• except for LOJ over the subject matter.
• Cross-claims and compulsory counterclaims
not asserted in the answer shall be considered
barred. The answer to counterclaims or cross-
claims shall be filed and served within ten 10
days from service of the answer in which they
are pleaded.
event the judgment shall be rendered disciplinary action, and shall be cause to
within 30 days from issuance of the order; expunge the inadmissible affidavit or portion
4) A clear specification of material facts which thereof from the record.
remain controverted;
5) Other matters intended to expedite the APPEAL [Sec. 21]
disposition of the case. • The judgment or final order shall be appealable
to the RTC which shall decide the same in
SUBMISSION OF AFFIDAVITS AND POSITION accordance with Sec. 22, BP 129.
PAPERS [Sec. 9] • The RTC decision in civil cases governed by this
• Within 10 days from receipt of the order, the Rule, including forcible entry and unlawful
parties shall submit the affidavits of their detainer, shall be immediately executory,
witnesses and other evidence on the factual without prejudice to a further appeal that may
issues defined in the order, together with their be taken therefrom.
position papers setting forth the law and the • Rule 70, Sec. 10 shall be deemed repealed.
facts relied upon by them.
APPLICABILITY OF THE REGULAR RULES [Sec. 22]
RENDITION OF JUDGMENT [Sec. 10] • The regular procedure prescribed in the ROC
• Within 30 days after receipt of the last shall apply suppletorily.
affidavits and position papers, or the expiration
of the period for filing the same, the court shall
render judgment.
• However should the court find it necessary to
clarify certain material facts, during the said
period it may issue an order specifying the
matters to be clarified, and require the parties
to submit affidavits or other evidence on the
said matters within 10 days from receipt of said
order. Judgment shall be rendered within 15
days after the receipt of the last clarificatory
affidavits, or the expiration of the period for
filing the same.
• The court shall not resort to the clarificatory
procedure to gain time for the rendition of the
judgment.
thereafter by the sheriff as security for the • must require the sheriff of the court to attach
satisfaction of whatever judgment might be so much of the property in the Philippines of
secured in said action by the attaching creditor the party against whom it is issued, not exempt
against the defendant. [Cuartero vs. CA, 1992] from execution, as may be sufficient to satisfy
the applicant's demand
PURPOSES o EXCEPT if such party makes deposit or
gives bond in an amount equal to that fixed
1. To seize the property of the debtor in advance in the order.
of final judgment and to hold it for purposes of
satisfying the said judgment. CONTENTS OF AFFIDAVIT OF APPLICANT
2. To enable the court to acquire jurisdiction over [Rule 57.3]
the action by the actual or constructive seizure
of the property in those instances where 1. a sufficient cause of action exists
personal service of summons on the creditor 2. the case is one of those mentioned in sec. 1
cannot be effected. [Quasha vs. Juan, 1982] (grounds)
3. there is no other sufficient security for the
GROUNDS [Rule 57.1] claim sought to be enforced by the action
4. the amount due to the applicant or the value of
1. Action for recovery of a specified amount of the property the possession of which he is
money or damages EXCEPT moral and entitled to recover, is as much as the sum for
exemplary, on a cause of action against a party which the order is granted above all legal
who is about to depart from the Philippines counterclaims.
with intent to defraud his creditors; • The affidavit and the bond must be filed with
2. Action for money or property embezzled or the court before the order issues.
fraudulently misapplied or converted to his own
use by a public officer, or an officer of a CONDITION OF APPLICANT'S BOND [Rule
corporation, or an attorney, factor, broker, 57.4]
agent, or clerk, in the course of his
employment as such, or by any other person in • Applicant must give a bond executed to the
a fiduciary capacity, or for a willful violation of adverse party in the amount fixed by the court
duty; in its order granting the issuance of the writ
3. Action to recover the possession of property conditioned that the applicant will pay:
unjustly or fraudulently taken, detained or 1. all the costs which may be adjudged to the
converted, when the property, or any part adverse party and
thereof, has been concealed, removed, or 2. all damages which the adverse party may
disposed of to prevent its being found or taken sustain by reason of the attachment if the
by the applicant or an authorized person; court shall finally adjudge that the
4. Action against a party who has been guilty of a applicant was not entitled thereto.
fraud in contracting the debt or incurring the
obligation upon which the action is brought, or MANNER OF ATTACHING PROPERTY [Rule
in the performance thereof; 57.5]
5. Action against a party who has removed or
disposed of his property, or is about to do so, • The sheriff enforcing the writ shall attach only
with intent to defraud his creditors; or so much of the property in the Philippines of
the adverse party not exempt from execution
6. Action against a party who does not reside and as may be sufficient to satisfy the applicant’s
is not found in the Philippines, or on whom demand.
summons may be served by publication. • The levy on attachment shall be preceded or
contemporaneously accompanied by service on
STAGES IN THE GRANT OF PRELIMINARY the defendant within the Philippines of:
ATTACHMENT 1. summons
2. copy of complaint
1. The court issues the order granting the 3. application for attachment
application 4. affidavit and bond of applicant
2. The writ of attachment issues pursuant to the 5. order and writ of attachment.
order granting the writ o EXCEPT if:
3. The writ is implemented 1. Summons could not be served personally or
by substituted service despite diligent
• For the first two stages, jurisdiction over the efforts, or
person of the defendant is NOT necessary. 2. Defendant is a resident of the Philippines
However, once the implementation of the writ temporarily absent therefrom, or
commences, the court must have acquired 3. Defendant is a non-resident, or
jurisdiction over the defendant. [Cuartero, 4. The action is in rem or quasi in rem.
supra] • Manner of attachment of real and personal
property [Rule 57.7]:
1. Real property, or growing crops
ISSUANCE AND CONTENTS OF ORDER OF
thereon, or any interest therein - by
ATTACHMENT [Rule 57.2] filing with the registry of deeds a copy of
the order, together with a description of the
• may be issued ex parte upon motion with property attached, and a notice that it is
notice and hearing by the court in which the attached, or that such real property and
action is pending, or by the Court of Appeals or any interest therein held by or standing in
the Supreme Court. the name of such other person are
attached, and by leaving a copy of such attachment and notice shall be liable to the
order, description, and notice with the applicant for the amount of such credits, debts
occupant of the property, if any, or with or other similar personal property, until the
such other person or his agent if found attachment is discharged, or any judgment
within the province. Where the property recovered by him is satisfied, unless such
has been brought under the operation of property is delivered or transferred, or such
either the Land Registration Act or the debts are paid, to the clerk, sheriff, or other
Property Registration Decree, the notice proper officer of the court issuing the
shall contain a reference to the number of attachment.
the certificate of title, the volume and page • Garnishment - a species of attachment for
in the registration book where the reaching the property or credits pertaining
certificate is registered, and the registered or payable to a judgment debtor;
owner or owners thereof. • Service of summons upon the garnishee is
2. Personal property capable of manual not necessary. All that is necessary is the
delivery - by taking and safely keeping it service upon him of the writ of
in the sheriff’s custody, after issuing the garnishment, as a consequence of which he
corresponding receipt therefor; becomes a virtual party or a forced
3. Stocks or shares, or an interest in intervenor in the case. [Perla Compania v.
stocks or shares, of any corporation or Ramolete, 1991]
company - by leaving with the president 2. attachment of interest in property
or managing agent thereof, a copy of the belonging to the estate of a decedent [Rule
writ, and a notice stating that the stock or 57.9] - The attachment of the interest of an
interest of the party against whom the heir, legatee, or devisee in the property
attachment is issued is attached in belonging to the estate of a decedent shall not
pursuance of such writ; impair the power of the executor,
4. Debts and credits, including bank administrator, or other personal representative
deposits, financial interest, royalties, of the decedent over such property for the
commissions, and other personal purpose of administration. Such personal
property not capable of manual representative, however, shall report the
delivery - by leaving with the person attachment to the court when any petition for
owing such debts, or having in his distribution is filed, and in the order made upon
possession or under his control, such such petition, distribution may be awarded to
credits or other personal property, or with such heir, legatee, or devisee, but the property
his agent, a copy of the writ, and notice attached shall be ordered delivered to the
that the debts owing by him to the party sheriff making the levy, subject to the claim of
against whom attachment is issued, and such heir, legatee, or devisee, or any person
the credits and other personal property in claiming under him.
his possession, or under his control,
belonging to said party, are attached in SALE OF ATTACHED PROPERTY
pursuance of such writ;
5. Interest of the party whom attachment
• Whenever it shall be made to appear to the
is issued in property belonging to the
court in which the action is pending, upon
estate of the decedent - by serving the
hearing with notice to both parties, that (1) the
executor or administrator or other personal
party attached is perishable, or that (2) the
representative of the decedent with a copy
interests of all the parties to the action will be
of the writ and notice that said interest is
will be subserved by the sale thereof, the court
attached. A copy of said writ of attachment
may order such property to be sold at public
and of said notice shall also be filed in the
auction in such manner as it may direct, and
office of the clerk of the court in which said
the proceeds of such sale to be deposited in
estate is being settled and served upon the
court to abide the judgment in the action. [Rule
heir, legatee or devisee concerned.
57.11]
• If the property sought to be attached is in
custodia legis, a copy of the writ of attachment
shall be filed with the proper court or quasi- DISCHARGE OF ATTACHMENT
judicial agency, and notice of the attachment
served upon the custodian of such property. • After a writ of attachment has been enforced,
• After enforcing the writ, the sheriff must make the party whose property has been attached, or
a return thereon to the court from which the the person appearing on his behalf, may move
writ issued, with a full statement of his for the discharge of the attachment wholly or in
proceedings under the writ and a complete part on the security given.
inventory of the property attached, together • Grounds for discharge:
with any counter-bond given by the party 1. Debtor has posted a counter-bond or has
against whom attachment is issued, and serve made the requisite cash deposit [Rule
copies thereof on the applicant. [Rule 57.6] 57.12];
2. Attachment was improperly or irregularly
issued [Rule 57.13] as where there is no
EFFECTS OF ATTACHMENT ground for attachment, or affidavit and/or
bond filed therefore are defective or
1. attachment of debts, credits and all other insufficient;
similar personal property [Rule 57.8] - All 3. Attachment is excessive but the discharge
persons having in their possession or under shall be limited to the excess [Rule 57.13];
their control any credits or other similar 4. Property attached is exempt from execution
personal property belonging to the adverse [Rules 57.2 and 57.5];
party, or owing any debts to him, at the time of
service upon them of the copy of the writ of
or renew the same on the same ground for • The guiding principle is the prevention of
which it was issued. imminent danger to the property. If an action
o However, if issued by the Court of Appeals by its nature, does not require such protection
or a member thereof, the TRO shall be or preservation, said remedy cannot be applied
effective for 60 days from service on the for and granted. (Commodities Storage v. CA,
party or person sought to be enjoined. 1997)
o A TRO issued by the Supreme Court or a • Receivership is aimed at the preservation of,
member thereof shall be effective until and at making more secure, existing rights; it
further orders. cannot be used as an instrument for the
o The trial court, the Court of Appeals, the destruction of those rights. (Arranza v. B.F.
Sandiganbyan or the Court of Tax Appeals Homes, 2000)
that issued a writ of preliminary injunction
against a lower court, board, officer, or APPOINTMENT OF RECEIVER
quasi-judicial agency shall decide the main
case or petition within six (6) months from • Requirements:
the issuance of the writ. [Rule 58.5] 1. verified application [Rule 59.1]
2. bond [Rule 59.2 and 59.5]
TEMPORARY RESTRAINING ORDER (TRO) • Who appoints:
1. court where the action is pending
• TRO vs. Injunction. A TRO is intended as a 2. CA
restraint upon the defendant until the propriety 3. SC
of granting an injunction pendente lite can be 4. During the pendency of an appeal, the
determined, and it goes no further than to appellate court may allow an application for
preserve the status quo until such the appointment of a receiver to be filed in
determination. [Anglo-Fil Trading v. Lazaro, and decided by the court of origin. [Rule
1983] 59.1]
• Same requirements for application as • When receiver can be appointed:
preliminary injunction. 1. When it appears from the verified
• An application for a TRO shall be acted upon application and other proof that the
only after all parties are heard in a summary applicant has an interest in the property or
hearing, which shall be conducted within 24 fund which is the subject of the action or
hours after the sheriff's return of service and/or proceeding, and that such property or fund
the records are received by the branch selected is in danger of being lost, removed, or
by raffle. [Rule 58.4] materially injured unless a receiver be
appointed to administer and preserve it;
OBJECTION TO/MOTION FOR 2. When it appears in an action by the
mortgagee for the foreclosure of a
DISSOLUTION OF
mortgage that the property is in danger of
INJUNCTION/RESTRAINING ORDER being wasted or dissipated or materially
injured, and that its value is probably
• Grounds: insufficient to discharge the mortgage debt,
1. Insufficiency of application or that the parties have so stipulated in the
2. other grounds (e.g. applicant’s bond is contract of mortgage;
insufficient/defective), upon affidavits of 3. After judgment, to preserve the property
the party or person enjoined during the pendency of an appeal, or to
3. if it appears after hearing that although the dispose of it according to the judgment, or
applicant is entitled to the injunction or to aid execution when the execution has
restraining order, the issuance or been returned unsatisfied or the judgment
continuance thereof would cause obligor refuses to apply his property in
irreparable damage to the party/person satisfaction of the judgment, or otherwise
enjoined, while the applicant can be fully to carry the judgment into effect;
compensated for such damages as he may 4. Whenever in other cases it appears that the
suffer, provided the former files a bond appointment of a receiver is the most
• If it appears that the extent of the preliminary convenient and feasible means of
injunction or restraining order granted is too preserving, administering, or disposing of
great, it may be modified. [Rule 58.6] the property in litigation. [Rule 59.1]
• Specific situations when a receiver may be
appointed
III. RECEIVERSHIP 1. If a spouse without just cause abandons
the other or fails to comply with his/her
obligations to the family, the aggrieved
NATURE spouse may petition the court for
receivership. [Family Code, Article 101]
• A receiver is a person appointed by the court in 2. The court may appoint a receiver of the
behalf of all the parties to the action for the property of the judgment obligor; and it
purpose of preserving and conserving the may also forbid a transfer or other
property in litigation and prevent its possible disposition of, or any interference with, the
destruction or dissipation, if it were left in the property of the judgment obligor not
possession of any of the parties. exempt from execution. [Rule 39.41]
• The appointment of a receiver is not a matter 3. After the perfection of an appeal, the trial
of absolute right. It depends upon the sound court retains jurisdiction to appoint a
discretion of the court and is based on facts receiver of the property under litigation
and circumstances of each particular case. since this matter does not touch upon the
subject of the appeal. [Rule 41.9; Acuña v. • when court determines that the necessity for a
Caluag, 1957] receiver no longer exists
4. After final judgment, a receiver may be • requires notice to all interested parties and
appointed as an aid to the execution of hearing [Rule 59.8]
judgment. (Philippine Trust Company v.
Santamaria, 1929)
5. Appointment of a receiver over the
property in custodia legis may be allowed
when it is justified by special
circumstances, as when it is reasonably
necessary to secure and protect the rights
of the real owner. (Dolar v.
Sundiam, 1971)
• The general rule is that neither party to the
litigation should be appointed as a receiver
without the consent of the other because a
receiver is supposed to be an impartial and
disinterested person. (Alcantara v. Abbas,
1963)
• A clerk of court should not be appointed as a
receiver as he is already burdened with his
official duties. (Abrigo v. Kayanan, 1983).
REQUIREMENTS
1. application
• Who may apply: party praying for the recovery
of possession of personal property. [Rule 60.1]
• When: (1) at the commencement of the action
or (2) before the answer [unlike attachment,
injunction and support pendent elite (anytime
before final judgment) and receivership
(anytime even after final judgment)].
• The applicant must show by his own affidavit or
that of some other person who personally
knows the facts:
(a) That the applicant is the owner of the
property claimed, particularly describing it, or
is entitled to the possession thereof;
(b) That the property is wrongfully detained by
the adverse party, alleging the cause of
detention thereof according to the best of his
knowledge, information, and belief;
(c) That the property has not been distrained
or taken for a tax assessment or a fine
pursuant to law, or seized under a writ of
execution or preliminary attachment, or
otherwise placed under custodia legis, or if so
seized, that it is exempt from such seizure or
custody; and
(d) The actual market value of the property. V. SUPPORT PENDENTE LITE
[Rule 60.2]
2. bond NATURE
• The applicant must also give a bond, executed
to the adverse party in double the value of the • Support pendente lite can be granted by the
property as stated in the affidavit. [Rule 60.2] court in two (2) instances:
1. civil action for support; and
ORDER OF REPLEVIN 2. criminal action where civil liability includes
support for the offspring as a consequence of
• Upon the filing of affidavit and approval of the the crime.
bond, the court shall issue an order and the • Where the right to support is put in issue by
corresponding writ of replevin describing the the pleadings or the fact from which the right
personal property alleged to be wrongfully to support arises is in controversy or has not
detained and requiring the sheriff forthwith to been established, the court cannot grant
take such property into his custody. [Rule support pendente lite (Francisco v. Zandueta,
60.3] 1929)
• A writ of replevin may be served anywhere in • Judgment for support does not become
the Philippines. final. The right to support is of such nature that
its allowance is essentially provisional; for
during the entire period that a needy party is
DISPOSITION OF PROPERTY BY SHERIFF entitled to support, his or her alimony may be
modified or altered, in accordance with his
• The sheriff shall retain the property for 5 days. increased or decreased needs, and with the
The adverse party may object to the sufficiency means of the giver. It cannot be regarded as
of the bond or surety or he may file a subject to final determination. (Lam v. Chua,
redelivery bond. 2004)
• After 5 days and the adverse party failed to
object or his redelivery bond is insufficient, the
REQUIREMENTS
sheriff shall deliver the property to the
applicant. [Rule 60.6]
• The defendant is entitled to the return of the 1. verified application [Rule 61.1]
property under a writ of replevin if: • Who may apply: any party
1. He seasonably posts a redelivery bond • When: (1) at the commencement of the
[Rule 60.5] proper action or proceeding, or (2) at any
2. Plaintiff’s bond is found to be insufficient or time prior to the judgment or final order
defective and is not replaced with proper • Contents:
bond o Grounds for the claim
ORDER OF SUPPORT
REMEDIES OF A PARTY WHO WAS • Rules on ordinary civil actions shall apply to
ERRONEOUSLY COMPELLED TO GIVE special civil actions insofar as they are not
inconsistent with or may supplement the rules
SUPPORT
governing the latter. [Rule 1.3]
• How commenced:
1. Apply for an order for such reimbursement by 1. complaint
the recipient on motion in the trial court in the a. interpleader
same case, unless such restitution is already b. expropriation
included in the judgment, or c. foreclosure of real estate mortgage
2. Failing therein, file a separate action for d. partition
reimbursement against the person legally e. forcible entry and unlawful detainer
obliged to give support. [Rule 61.7] 2. petition
a. declaratory relief
b. review of adjudications of
Constitutional commissions
c. certiorari
d. prohibition
e. mandamus
f. quo warranto
g. contempt
• Venue is governed by the general rules on
venue, except as otherwise indicated in the
particular rules for special civil actions.
• Writs of injunction, mandamus, certiorari,
prohibition, quo warranto and habeas corpus
issued by RTCs are enforceable within their
respective judicial regions. [B.P. 129]
• 3 special civil actions within the jurisdiction of
inferior courts:
1. interpleader, provided the amount involved
is within its jurisdiction [Makati
Development Corp. v. Tanjuatco, 1969]
2. ejectment suits [Rule 70]
I. INTERPLEADER
DEFINITION
Service of summons
Motion to Dismiss
15
days
MTD granted? Y
Dismissed
100% UP LAW N UP BAROPS 2008 Page 208 of 227
CIVIL PROCEDURE REMEDIAL LAW
PARTIES
• all persons who have or claim any interest
which would be affected by the declaration
[Rule 63.2]
• If action involves the validity of a
statute/executive order/regulation/other
governmental regulation, the Solicitor General
shall be notified. [Rule 63.3]
• If action involves the validity of a local
government ordinance, the prosecutor/attorney
of the LGU involved shall be notified. [Rule
63.4]
PURPOSE
To correct an To prevent the To compel the
act performed commission or performance of
by the carrying out of the act desired
respondent an act
ACT SOUGHT TO BE CONTROLLED
Discretionary Discretionary Ministerial acts
acts and ministerial
acts
PETITIONER
Aggrieved Aggrieved Aggrieved
the petitioner is a citizen. [Tanada v. Tuvera, 139 and 139-B of the Rules of Court. The Court
1985] may impose motu proprio, based on res ipsa
loquitur, other disciplinary sanctions or
measures on erring lawyers for patently
PROCEDURE dilatory and unmeritorious petitions for
certiorari. [Rule 65.8]
1. File petition for certiorari / prohibition / 5. Service and enforcement of order or
mandamus. judgment.
• When filed: • A certified copy of the judgment rendered shall
o Not later than 60 days from notice of be served upon the court, quasi-judicial
judgment/order/resolution agency, tribunal, corporation, board, officer or
o If a motion for reconsideration/new trial is person concerned in such manner as the court
filed, the 60-day period shall be counted may direct, and disobedience thereto shall be
from notice of denial of motion. punished as contempt.
o Extension may be granted for compelling • An execution may issue for any damages or
reasons, not exceeding 15 days. [Rule costs awarded in accordance with section 1 of
65.4] Rule 39. [Rule 65.9]
• Where filed:
1) Court of Appeals
o If it involves the acts of a quasi-judicial
agency, the petition shall be filed only
in the CA, unless otherwise provided by
law or the Rules.
2) Regional Trial Court, it it relates to acts /
omissions of a lower court / corporation /
board / officer / person.
3) Court of Appeals or Sandiganbayan,
whether or not it is in aid of its appellate
jurisdiction.
4) COMELEC, for election cases [Rule 65.4]
• Mandatory period:
The public respondent shall proceed with
the principal case within ten (10) days from
the filing of a petition for certiorari with a
higher court or tribunal, absent a
temporary restraining order or a
preliminary injunction, or upon its
expiration. Failure of the public respondent
to proceed with the principal case may be a
ground for an administrative charge.
2. Order to comment
• If the petition is sufficient in form and
substance to justify such process, the court
shall issue an order requiring the respondent(s)
to comment on the petition within 10 days from
receipt of a copy thereof.
• Such order shall be served on the respondents
in such manner as the court may direct,
together with a copy of the petition and any
annexes thereto. [Rule 65.6]
3. Hearing or Memoranda
• After the comment or other pleadings required
by the court are filed, or the time for the filing
thereof has expired, the court may hear the
case or require the parties to submit
memoranda. [Rule 65.8]
4. Judgment
• If after such hearing or submission of
memoranda or the expiration of the period for
the filing thereof, the court finds that the
allegations of the petition are true, it shall
render judgment for the relief to which the
petitioner is entitled.
• The court, however, may dismiss the petition if
it finds the same to be (1) patently without
merit, (2) prosecuted manifestly for delay, or
that (3) the questions raised therein are too
unsubstantial to require consideration. In such
event, the court may award in favor of the
respondent treble costs solidarily against the
petitioner and counsel, in addition to subjecting
counsel to administrative sanctions under Rules
• Quo warranto is the remedy to try disputes • Action against a person for usurping a public
with respect to the title to a public office. office, position or franchise
(1) name of the person who claims to be
QUO WARRANTO ELECTION CONTEST entitled thereto
Basis: the occupant is Challenges the right of a (2) averment of his right to the same and that
disqualified from holding person to hold office on the respondent is unlawfully in possession
the office by reason of the ground of thereof.
ineligibility or disloyalty irregularities in the • All persons who claim to be entitled to the
conduct of the elections public office/position/franchise may be made
If proceeding succeeds, Successful protestant will parties. [Rule 66.6]
respondent will be assume the office if he
ousted but petitioner will obtained a plurality of the
not assume the office valid votes VENUE
ORDER OF EXPROPRIATION
may be issued by the court
ASCERTAINMENT OF
COMPENSATION
(see flowchart 2)
The
det
s
T
c
Afte
corr
now
app
it if
100% UP LAW UP BAROPS 2008 Page 217 of 227
CIVIL PROCEDURE REMEDIAL LAW
FLOWCHART 2
Objections
settled
COMPLAINT’S CONTENTS
the name of one of the tenants in common, and • A party shall recover from another his just
there is no evidence of any subsequent claim of share of rents and profits received by such
a tenancy in common, it may fairly be inferred other party from the real estate in question,
that there has been a partition and that such and the judgment shall include an allowance for
lot was set off to him whose name it bears. such rents and profits. [Rule 69.8]
(Maglucot-aw et al. v. Maglucot et al., supra) • A final order decreeing partition and accounting
may be appealed by any party aggrieved
COMPLAINT thereby. [Rule 69.2]
5. Make such order and render such IX. FORCIBLE ENTRY AND
judgment as shall effectuate a fair and
just partition of the real estate or of its UNLAWFUL DETAINER
value, if the property is assigned or
sold between the several owners
thereof. [Rule 69.7] ACTIONS FOR THE RECOVERY OF
POSSESSION OF REAL PROPERTY
JUDGMENT
1. Accion Interdictal –the summary action for
CONTENTS OF EFFECTS OF
forcible entry (detentacion) where the
JUDGMENT JUDGMENT
defendant’s possession of property is illegal ab
IF ACTUAL Judgment shall Judgment shall
initio, or the summary action for unlawful
PARTITION state definitely, vest in each
IS PROPERLY by metes and party to the detainer (desahucio) where the defendant’s
MADE bounds and action in possession was originally lawful but ceased to
adequate severalty the be so by the expiration of his right to possess,
description, the portion of the both of which must be brought within one
particular portion real estate year from the date of actual entry to the land,
of the real estate assigned to him. in case of forcible entry, and from the date of
assigned to each last demand, in case of unlawful detainer, in
party.
the proper municipal trial court or
IF THE Judgment shall Judgment shall
WHOLE state the fact of vest in the party metropolitan trial court.
PROPERTY IS such payment making the - Nature:
ASSIGNED and of the payment the a. special civil action involving realty;
TO ONE OF assignment of whole of the real b. subject to the Rules on Summary
THE PARTIES the real estate to estate free from Procedure; [Rule 70.3]
AFTER the party making any interest on c. under the original exclusive jurisdiction of
PAYMENT the payment. the part of the first level courts;
other parties.
d. nature of the action is determined by the
IF PROPERTY Judgment shall Judgment shall
IS SOLD AND state the name vest the real
allegation of the complaint and the
SALE IS of the purchaser estate in the character of the relief sought; (Abrin v.
CONFIRMED or purchasers purchaser(s), Campos, 1991)
BY THE and a definite making the e. one co-owner may institute the action.
COURT description of payment(s) free 2. Accion Publiciana - is a plenary action for
the parcels of from the claims recovery of the right to possess and which
real estate sold of any parties to should be brought in the proper regional trial
to each the action.
court when the dispossession has lasted for
purchaser
more than one year.
3. Accion Reivindicatoria - or accion de
reivindicacion, seeks the recovery of ownership
• A certified copy of the judgment shall in either and includes the jus utendi and the jus fruendi,
case be recorded in the registry of deeds of the which must be brought in the proper regional
place in which the real estate is situated. [Rule trial court. It is thus an action whereby
69.11] plaintiff alleges ownership over a parcel of land
and seeks recovery of its full possession.
[Javier v. Veridiano, 1994]
FORCIBLE ENTRY
UNLAWFUL DETAINER
after the expiration or termination of the right action for unlawful detainer. (Penas, Jr. v. CA,
to hold possession by virtue of an express or 1994)
implied contract. • Refusal to collect or accept rentals is not a
• may also be brought by the legal defense. There must be consignation. (Uy v.
representative or assigns of any such lessor, CA, 1989)
vendor, vendee, or other persons.
• must be brought at any time within 1 year after FORCIBLE ENTRY UNLAWFUL DETAINER
the unlawful withholding of possession in the Possession becomes Possession was lawful at
proper Municipal Trial Court against the person unlawful right from the first but later becomes
unlawfully withholding possession or persons very start (i.e. from the illegal, as when the lease
time of entry) as he contract has expired and
claiming under them.
acquires possession by the lessee refuses to
• action must be for the restitution of possession FISTS. vacate the premises
of property together with damages and costs. despite demand.
[Rule 70.1] The deprivation of The unlawful withholding
• commenced by lessor only after (1) demand to physical possession of of possession is made
pay or comply with the conditions of the lease land and building is after the expiration or
and to vacate is made upon the lessee, or (2) effected through force, termination of the right to
by serving written notice of such demand upon intimidation, strategy, hold possession under any
threat or stealth contract, express or
the person found on the premises, or (3) by
(FISTS). implied.
posting such notice on the premises if no
The issue centers on The issue centers on
person be found thereon, and the lessee fails to who was in prior whether the defendant’s
comply therewith after 15 days in the case of possession de facto. right to possess has
land or 5 days in the case of buildings. [Rule expired or not.
70.2] Previous demand upon Previous demand to
o EXCEPTIONS (prior demand not required): defendant to vacate not vacate required
a. Where purpose of the action is to required. (jurisdictional).
terminate the lease by reason of the The plaintiff must allege The plaintiff need not be
and prove that he was in prior physical
expiry of its term, and is not for failure
in prior physical possession.
to pay rentals or comply with the terms
possession of the
of the lease contract. [De Santos v. premises until deprived
Vivas, 96 Phil 538] thereof.
b. When the purpose of the suit is not for 1-year period counted 1-year period counted
ejectment but for the enforcement of from date of actual from date of last demand
the terms of the contract. [Guanson v. entry on the land. or last letter of demand.
Ban, 77 Phil 7]
c. When the defendant is not a tenant but
a mere intruder. [id] PLEADINGS
• Demand upon a tenant may be oral. (Jakihaca
v. Aquino, 1990) • Must be verified. [Rule 70.4]
• A person who occupies the land of another at • Allowed pleadings [Rule 70.4]:
the latter's tolerance or permission, without 1. Complaint
any contract between them is necessarily 2. Compulsory Counterclaim pleaded in the
bound by an implied promise that he will answer
vacate upon demand, failing which, an action 3. Cross-claim pleaded in the answer
for unlawful detainer may be instituted against 4. Answer
him. (Dakudao v. Consolacion, 1983) • Prohibited pleadings and motions [Rule 70.13]:
• This rule as to tolerance does not hold true in a 1. Motion to dismiss
case where there was forcible entry at the EXCEPTIONS:
start, but the lawful possessor did not attempt a. Motion to dismiss based on lack of
to oust the intruder for over 1 year, and only jurisdiction over the subject-matter
thereafter filed forcible entry suit following b. Motion to dismiss for failure to comply
demand to vacate. (Muñoz v. CA, 1992) with section 12 (referral to conciliation)
• Tolerance must be presented right from the 2. Motion for a Bill of Particulars
start of possession sought to be recovered to 3. Motion for New Trial
categorize a cause of action as one of unlawful 4. Motion for reconsideration of a judgment
detainer. (Refugia v. CA, 1996) 5. Motion for reopening of trial
• When failure to pay rent or comply with the 6. Petition for relief from judgment
condition of lease is the ground for ejectment, 7. Motion for extension to file pleadings,
plaintiff should give 2 demands (which may be affidavits or other papers
embodied in 1 demand letter): 8. Memoranda
1. demand to pay rental or comply with 9. Petition for Certiorari, Mandamus or
conditions of the lease, and if this is not Prohibition against any interlocutory order
complied with, issued by the court
2. demand to vacate (Zobel v. Abreu, 1956) 10. Motion to declare defendant in default
• Notice and demand to vacate is required on a 11. Dilatory motion for postponement
lease on a month-to-month period to render 12. Reply
effective the termination of the lease upon the 13. Third-party complaints
expiration of the month, and prevent an 14. Interventions
implied renewal of the lease. (Rivera v.
Florendo; Yap v. Cruz, 1992) PROCEDURE
• An alternative demand to either renew the
expired lease contract at a higher rental rate or
1. Filing of complaint.
vacate is not a definite demand to vacate and
therefore, insufficient basis for the filing of an
2. After the court has examined the allegations in within 5 days after the termination of the
the complaint and supporting evidence attached to same.
the same, the court may: • Contents of the Order:
a. DISMISS the case outright based on the a. Whether the parties have arrived at an
grounds for dismissal for ordinary civil amicable settlement, and if so, terms
actions apparent in the complaint, or thereof;
b. ISSUE SUMMONS, if the no ground for b. The stipulations or admissions entered into
dismissal is found. [Rule 70.5] by the parties;
• Cases requiring referral to conciliation, where c. Whether, on the basis of the pleadings and
there is no showing of compliance with such the stipulations and admissions made by
requirement, shall be dismissed without the parties, judgment may be rendered
prejudice, and may be revived only after that without the need of further proceedings, in
requirement have been complied with. [Rule which event the judgment shall b rendered
70.12] within 30 days from issuance of the order;
3. The defendant shall file his ANSWER and serve d. A clear specification of material facts which
a copy of it to the plaintiff within 10 days from remain controverted;
service of summons. [Rule 70.6] e. Such other matters intended to expedite
• Failure of the defendant to answer within the the disposition of the case. [Rule 70.9]
period provided above shall give power to the 6. The parties shall submit affidavits of their
court, motu propio or on motion, to render witnesses and other evidence on the factual issues
judgment as may be warranted by the facts defined in the order, together with their position
alleged in the complaint and limited to what is papers setting forth the law and the facts relied
prayed for therein. [Rule 70.7] upon by them within 10 days from receipt of
• Affirmative and negative defenses not pleaded the order. [Rule 70.10]
in the answer are deemed waived. • Affidavits required to be submitted shall state
o EXCEPTION: lack of jurisdiction over the only facts of direct personal knowledge of
subject matter. the affiants which are admissible in evidence,
• Cross-claims and compulsory counterclaims not and shall show their competence to testify to
pleaded in the answer shall be barred. the matters stated therein.
o Answers to the counterclaims or cross- • Violation of this requirement may subject the
claims shall be served and filed within 10 party or the counsel who submits the same to
days from service of the answer in which disciplinary action and shall be cause to
they are pleaded. expunge the inadmissible affidavit or portion
• When the defendant raises the defense of thereof from the records. [Rule 70.14]
ownership in his pleadings, and the question of 7. Judgment
possession cannot be resolved without deciding • GENERAL RULE: The court shall render
the issue of ownership, the issue of ownership judgment within 30 days from the date of its
shall be resolved ONLY to determine the issue receipt of the affidavits and position papers OR
of possession. [Rule 70.16] the expiration of the period for filing the same.
• Where there is a defense of tenancy, there [Rule 70.11]
must be a preliminary hearing on the question o EXCEPTION: Should the court find it
of tenancy relations. (Bayog v. Natino, 1996) If necessary to clarify certain material facts, it
there is a prima facie showing of tenancy, the may during the 30-day period issue an
court should dismiss the case for lack of ORDER specifying the matters to be
jurisdiction (jurisdiction belongs to the DARAB). clarified and require the parties to submit
(Baranda v. Padios, 1987) affidavits or other evidence on the said
4. Not later than 30 days after the last answer is matters within 10 days from receipt of said
filed, a PRELIMINARY CONFERENCE shall be held. order. Judgment shall be rendered within
• Rule 18 applicable. 15 days after receipt of the last affidavit or
• Effects of failure to appear: the expiration of the period for filing the
same. [Ibid.]
WHEN THE PLAINTIFF
WHEN THE o The court shall not resort to the foregoing
DEFENDANT DOES procedure just to gain time for the
DOES NOT APPEAR
NOT APPEAR rendition of the judgment. [Id.]
It shall be a cause for • If the trial court finds that the allegations of the
the dismissal of his
complaint are TRUE, it shall render judgment in
complaint.
All cross-claims shall be favor of the plaintiff for the:
dismissed. a. restitution of the premises,
The defendant who The plaintiff shall be b. the just sum due as arrears of rent or
appears in the absence entitled to judgment. reasonable compensation for the use and
of the plaintiff shall be (This is true when there occupation of the premises.
entitled to the judgment is only one defendant or c. attorney’s fees and costs. [Rule 70.17]
on his counterclaim. when all of the • If the court finds that the allegations of the
defendants did not
plaintiffs are NOT TRUE, it shall render
appear.)
judgment for the defendant to recover his
costs. [Ibid.]
• GENERAL RULE: No postponement of the
• The judgment rendered in an action for forcible
preliminary conference shall be granted.
entry shall be conclusive with respect to the
o EXCEPTION: Highly meritorious grounds
possession only, and it shall not in any way
and without prejudice to such sanctions as
affect the title or ownership of the land or
the court in the exercise of sound discretion
building. Hence, such judgment shall not bar an
may impose on the movant. [Rule 70.8]
action between the same parties with respect
5. The court shall issue an ORDER stating matters
to the title of the land or building.
taken up during the preliminary conference