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Judicial Power is the duty of the court (1) to settle actual controversies involving rights that are legally demandable and enforceable; and (2) to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction committed by any of the branches of government or its instrumentalities. Jurisdiction, in general, is the power of the court to hear and decide cases. It is a power granted by the constitution to the Supreme Court and conferred by law to other lower courts to hear and decide cases involving a justiciable controversy. It is a subject of substantive law because it defines the power of the court. The legislative cannot enact a law diminishing the jurisdiction of the Supreme Court but the former may increase the latters jurisdiction provided the latter gives its consent or concurrence. A justiciable controversy is defined as a real and substantial controversy which is appropriate for judicial determination (Guingona v. CA.) In order for a controversy to be qualified as a justiciable one, the same must satisfy the following requirements: 1. That there is an actual controversy not merely expected or feared; (There is an actual controversy when there is an actual conflict of legal rights that can only be resolved on the basis of law and jurisprudence.) 2. That the issue be ripe for judicial determination, where all administrative remedies have been exhausted as far as practicable (where there are no other requisites necessary for the court to exercise judicial power); and 3. That the party seeking relief must have a legal right/standing in court (BenefitInjury test. That a person has (a) substantial interest in the case; and (b) stands to be benefited or injured by the outcome of the case.) Three Jurisdictional Defects 1. Lack of Jurisdiction ground for dismissal of the case (at any stage of the proceeding, even if raised on the first time on appeal, whether by motion of the parties or by the court sua sponte) no authority to hear and decide the case General Rule: A decision rendered without jurisdiction is NULL AND VOID. Exception: Where the principle of Estoppel by Laches applies (Tijam v. Sibonghanoy)

Requisites: (a) invoked for the 1st time on appeal; (b) for the purpose of annulling everything done in the case; (c) active participation of the party invoking the ground. 2. Jurisdictional Error (or Error in Jurisdiction) takes place when the court commits grave abuse of discretion by exercising its powers in an arbitrary manner by reason of passion, prejudice or personal hostilities amounting to an invasion of positive duties or virtual refusal to actor perform duties enjoined or to act at all in contemplation of law

3.

in this case, the court has the authority but it commits grave abuse of discretion in handling the case and in so doing, it is motivated more by personal reasons What is erroneous is the exercise, not the jurisdiction. Remedy is Certiorari under Rule 65.

Error in the exercise of Jurisdiction (or Error of Judgment)

The court commits an error in the disposition of the case (questions of fact and law)i Where the error does not pertain to the proceedings Remedy is Ordinary Appeal.

The law on jurisdiction is a matter of substantive law. Hence The Supreme Court, being judicial in character, cannot define the jurisdiction of the courts. The law on jurisdiction cannot be waived either by the court or by the parties through their agreement. Jurisdiction is fixed by law.

Essential Elements of Valid Jurisdiction: 1. 2. Jurisdiction over the Subject Matter Jurisdiction over the Parties Jurisdiction over the Res

3.

Jurisdiction over the Subject Matter

All cases involve only 2 kinds of issues: (1) Factual; (2) Legal

- Basis for determination is the lawii that is in force at the time of the filing of the action - Subsequent legislation may have retroactive application if expressly provided - General Rule: cannot be a valid subject matter of contract or agreement of the parties - Exception: Where the law allows the parties to agree under Section 7 of RA 7691 subject to the condition that the agreement must be before the pre-trial stage - General Rule: Jurisdiction over the Subject Matter cannot be waived - Exception: Doctrine of Estoppel by Laches Test in determining Jurisdiction over the subject matter: test the allegations in the complaint with the law to check if there is jurisdiction. Whether or not the allegations are true or whether or not the plaintiff is entitled to the relief prayed for is immaterial with regard to the issue of jurisdiction over the subject matter. Rule of Adherence Once jurisdiction has been acquired, it cannot be ousted from the court until the case has been disposed of even by any subsequent events although it is such of a character that could have prevented jurisdiction from attaching in the first instance. Jurisdiction over the Parties Plaintiff->Defendant (Ordinary Civil Action) Petitioner->Respondent (Special Civil Action) Jurisdiction over the person of the plaintiff/petitioner; how acquired -by the filing of the complaint or the petition Jurisdiction over the person of the defendant/respondent; how acquired -through voluntary appearance or submission; or -through valid service of summons which must be properly servediii -In some cases, jurisdiction over the res is enough to acquire valid jurisdiction -remedy for no jurisdiction over the person: Motion to Dismissiv Jurisdiction over the Res (Jurisdiction over the Thing)

In cases where the defendant cannot be found, or service of summons cannot be had, this is an alternative but it does not apply in all but only in particular cases.v -serve summons by other means such as extra-territorial service of summons or service by publication. Applicable in the following cases: 1. Actions involving the personal status of the plaintiff (by publication) 2. Actions relating to property within the Philippines where defendants have a claim, lien or interest (real or personal)also by publication 3. Actions which seeks to exclude the defendant from property in the Philippines 4. Actions where the property of the defendant has become the subject of the provisional remedy of attachment Types of Jurisdiction GENERAL- the authority to hear and decide cases of all types LIMITED- the power to hear and decide specific or particular type of cases only ORIGINAL-the power to hear and decide cases at the first instance EXCLUSIVE- the power to hear and decide over the subject matter to the exclusion of all others CONCURENT-power is exercised by various courts at the same time subject to the adherence to the Doctrine of Hierarchy of Courts APPELLATE- the power of review over decisions rendered by lower courts DELEGATED- the authority to hear and decide a case is not specifically lodged to the court but merely assigned to that court by the law or by the rules Illustration: case is within the jurisdiction of the RTC but the SC may vest or assign it to the MTCvi Doctrine of Primary Jurisdiction

Once a court acquires jurisdiction, such court shall have jurisdiction to the exclusion of all others
Civil Jurisdiction is the power of the court to hear and decide civil cases. Criminal jurisdiction is the power of the court to hear and decide criminal cases.
v

ii

BP 129 as amended by RA 7691 See Rule 14 iv See Rule 16

iii

See Section 15, Rule 14 Appeal from decisions of the MTC in its delegated capacity is to the CA. it is as if it is the RTC who rendered the judgment
vi

Territorial Jurisdiction In civil cases, it is not jurisdiction per se where it appropriately refers to the venue of an action. Nevertheless, in criminal cases, Venue is Jurisdictional. Jurisdiction in Criminal Actions Criminal Jurisdiction is the Authority of the Court to hear and try a particular offense and to impose the punishment provided by lawvii. Essential Elements of Criminal Jurisdiction The Jurisdiction of the Court to try and decide a criminal action entails two inquiries:

in silence rather than go through the scandal of a public trial.x Nevertheless, these condiccionnes precedentes, not being jurisdictional, the failure to raise the issue as to whether there has been a valid complaint filed by the offended party at the trial court is a waiver of the issue. Civil Jurisdiction of the Courts BP 129 as amended is the law which defines the jurisdiction of the Court of Appeals and other lower courts. MTC (Metropolitan/Municipal Trial Court) I. Exclusive and Original Jurisdiction

(1) (2)

whether the court has jurisdiction over the offense by virtue of the imposable penalty and its natureviii; and whether the action has been filed within the territorial jurisdiction of the courtix.

1.

(Jurisdictional Amount Test) The MTC shall exercise Exclusive and Original Jurisdiction over actions where the total amount of the claim or demand does not exceed P300,000 (outside Metro Manila) or 400,000 (within Metro Manila) exclusive of Incidental damages, Attorneys Fees, Litigation Costs and Interests in cases involving: i. personal property; admiralty and maritime cases;xi testate and intestate proceedings; and sum of money (Section 5, RA 7691).

Jurisdiction is determined by the allegations in the complaint or information, and not by the findings the court may make after trial. It is not the complaint which confers jurisdiction on the court to try the case. The courts jurisdiction is vested in it by the Judiciary Act. In the prosecution of crimes such as oral defamation, and in the so-called private crimes, where there are certain pre-requisites imposed by the penal laws, such pre-requisites or conditions have been imposed out of consideration for the offended party and her family who might prefer to suffer an outrage
vii
viii

ii.
iii. iv.

Damages under RA 7691 are excluded. However, SC 0494 provides that only incidental damages are excluded. If the recovery of damages is the main or principal action, it will be included in determining the jurisdictional amount. For purposes of computing the Docket Fee, the same should be based on the TOTAL AMOUNT OF THE CLAIM and not the Jurisdictional Amount. In these types of cases, the so-called TOTALITY RULE shall apply.

Conde v. Mamenta, 142 SCRA 500 [1986].

The first is defined by law. In criminal prosecutions, the jurisdiction of the court is not determined by what may be meted out to the offender after trial, or by the result of the evidence that would be presented during the trial, but by the extent of the penalty which the law imposes, on the basis of the facts as recited in the complaint or information constitutive of the offense charged. Once jurisdiction is acquired by the court in which the information is filed, it is there retained regardless of whether the evidence proves a lesser offense than that charged in the information, or of the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance.
ix

2.
x

Actions involving title toxii, or possession ofxiii real property where the assessed value does not exceed P20,

The second inquiry refers to venue, or the place where the case is to be tried, which is jurisdictional in criminal cases--which requires that the action be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof took place. Section 15 of Rule 110 governs territorial jurisdiction of offenses.

People v. Leoparte, 187 SCRA 190 [1990] In Admiralty and Maritime cases, the DALI (Damages, Attorneys Fees, Litigation Costs, and Interests) exclusions are not applied in the determination of the jurisdictional amount. xii Refers to ownership of the real property xiii may refer solely to possession
xi

000 (outside of Metro Manila) and P50, 000 (within Metro Manila.) Where the assessed value is the basis, the DALI exclusion phrase in inapplicable. Assessed Value Is the value of the real property in the Tax Declaration issued by the Local Taxing Unit (Real Estate Tax) not the Zonal Value (for BIR purposes in Capital Gains Taxation) nor the Market Value nor the Appraised Value. If there is no Assessed Value by reason of the fact that the real property is unregistered for tax purposes, in a circumstance where there is no tax declaration, the assessed value of the adjacent properties mat be the basis in the determination of the jurisdictional amount. 3. Ejectment Casesxiv (Rule 70)

5.

Particular Election Cases i. inclusion and exclusion of voters ii. correction or change of entry in the voters list Repudiation of the Settlement or Award, or Nullification of settlement or Award or Failure to execute within six (6) months the settlement or award by the Katarungang Pambarangay (Barangay Conciliation)

6.

If an action is not cognizable by the MTC, either in its Original and Exclusive jurisdiction ant neither by quasi-judicial bodies, or the Sandiganbayan, it falls under the Jurisdiction of the RTC. II. Delegated Jurisdiction of the MTC 1. Land Registration & cadastral Cases Under land registration laws, this subject is under the jurisdiction of the RTC, but the SC has power to delegate the same from the RTC to the MTC for the purpose of convenience under the following circumstances: i. in cases of UNCONTESTED LOTS (no opposition) If there is opposition, jurisdiction is determined by the value of the property (value in either (a) tax declaration; (b) in the affidavit of the claimant; or (c) as agreed upon by the parties, whichever may deem proper and convenient under the circumstancesxv. When the MTC renders judgment in its delegated jurisdiction, appeal of an erroneous decision shall be towards the CA, because theoretically, it was the RTC which rendered the judgment in question. 2. Special Jurisdiction of the MTC in petitions for Habeas Corpus cases in the absence of ALL RTC judges

i.

unlawful/illegal detainer (possession initially legal but for some legal reasons it becomes illegal); filed within one (1) from the last demand to vacate; an action incapable of pecuniary estimation. forcible entry (possession is illegal from the beginning; filed within one year from notice/knowledge of unlawful entry; an action incapable of pecuniary estimation.

ii.

After the expiration of the one (1) year period, the remedy is already (a) Accion Publiciana (Recovery of Possession) or (b) Accion Reinvindicatoria (Recovery of Ownership) where the test of jurisdiction is the Jusrisdictional Amount (Assessed Value.) In Ejectment Cases, the Jurisdictional Amount Test shall not apply, regardless of the amount involved, as to the value of the real property, as long as the legal question pertains to unlawful detainer or forcible entry, the MTC shall have jurisdiction. Question: May the MTC pass upon the question of ownership should the defendant interpose the issue in an Ejectment case? Answer: Yes. However, the ruling shall have an effect only for the purpose of determining which party has rightful possession. Any finding of the MTC with respect to the issue of ownership, in general, shall not be treated as res judicata, or final and executory and the same cannot bind the whole world. 4. Provisional Remedies Provided that the main action is within the Jurisdiction of the MTC
xiv

RTC (Regional trial Court)

Accion Interdictal

xv

Basis is on what is alleged in the complaint or petition

BP 129 as amended by RA 7691 provides that the RTC is a court of General Jurisdiction. I. Exclusive and Original Jurisdiction 1. All cases not cognizable by the MTC over actions where the total amount of the claim or demand is more than P300,000 (outside Metro Manila) or 400,000 (within Metro Manila) exclusive of Incidental damages, Attorneys Fees, Litigation Costs and Interests in cases involving: i. personal property; admiralty and maritime cases;xvi testate and intestate proceedings; and sum of money; and III. 3. 4. 5.

iii.

Foreclosure of Mortgagexxii

Intra-Corporate Disputes Petition for Declaratory Relief Other original and exclusive jurisdiction of the RTC not found in BP 129 and RA 7691: Annulment of Judgment of the MTC (Rule 47, Sec 10)

ii.

iii. iv.

Appellate Jurisdiction The RTC shall exercise appellate jurisdiction over all cases decided by the inferior courts (MTC)

over actions involving title toxvii, or possession ofxviii real property where the assessed value is more than P20, 000 (outside of Metro Manila) and P50, 000 (within Metro Manila.) 2. Civil Actions Incapable of Pecuniary Estimation (involving relief not measurable in moneys worth)xix Examples of actions incapable of pecuniary estimation

CA (Court of Appeals) The Court of Appeals was established primarily to exercise appellate jurisdiction over decisions of the RTC. Exclusive Jurisdiction of the CA not found in BP 129 and RA 7691: Over actions for annulment of judgment from the decisions of the RTC. SC (Supreme Court) The jurisdiction of the SC is defined by the constitution xxiii (Pp.48-49; Regaladoxxiv)
xxii

i. ii.
xvi

Specific Performancexx Support

xxi

In Admiralty and Maritime cases, the DALI (Damages, Attorneys Fees, Litigation Costs, and Interests) exclusions are not applied in the determination of the jurisdictional amount. xvii Refers to ownership of the real property xviii may refer solely to possession xix Even if there is money involved, the main action may not be able of pecuniary estimation. The various tests (rules) to determine whether or not an action is incapable of pecuniary estimation are as follows: (a) if the main action or immediate relief sought is principally and directly for a sum of money, the action is capable of pecuniary estimation, otherwise it is not especially if money is only incidental to the relief; (b) if the immediate concern or relief sought is not for a sum of money, it is incapable of pecuniary estimation; (c) where alternative reliefs are being sought, one capable and the other incapable of pecuniary estimation, the basis of jurisdiction shall be the amount capable of pecuniary estimation. xx Because the relief sought is the performance of an act or the fulfillment of an obligation to do xxi While the amounts to be given in support are capable of pecuniary estimation, what is really being sought is the legal and moral obligation to support the family member. Money is only incidental.

What is sought is not to immediately recover the some of money but to foreclose the mortgage xxiii Art VIII, Section 5 xxiv JURISDICTION IN CIVIL CASES I. SUPRREME COURT A. Original a. Exclusive i. Petitions for Certiorari, prohibition or mandamus against: 1. Court of Appeals; 2. Commission on Elections 3. Commission on Audit; and 4. Sandiganbayan 5. Court of Tax Appeals b. Concurrent with the Court of Appeals i. Petitions for Certiorari, prohibition or mandamus against: 1. Regional Trial Courts 2. Civil Service Commission 3. Central Board of Assessment Appeals; and

Types of Actions Procedural Law-> Remedial Law Substantive Law-> Defines Rights Objectives of Procedural Law 1. 2. 3. 4. Speedy Disposition of Cases Simplified Procedure Inexpensive Procedure Uniformity of Procedure 2. 1. Civil Action-One party sues another a. To enforce or protect his rights; b. To prevent or redress a wrong. Criminal Action-The State prosecutes punishable by law.

an

act

or

omission

3.

Special Proceedingxxv-party seeks to establish a. b. c. A status; A right; or A particular fact

The law which defines the jurisdiction of the courts is a part of substantive law. The reglementary period in appeal is actually of the nature of substantive law because although it appears to be procedural, it affects substantive rights of a party. The Rules of Court are not laws but it has the binding force & effect of laws. It is not penal in nature. It applies to all courts except otherwise provided by the Supreme Court. In tribunals not falling under the Judiciary, the Rules of Court shall be suppletory in application.

General Rule: The procedures in the RTC and MTC are uniform. Exception: Where the Rules on Summary Procedure are applicable in the MTCxxvi
xxv

c.

d. B.

4. National Labor Relations Commission. With the Court of Appeals and Regional Trial Courts 1. Petitions for certiorari, prohibition and mandamus against courts of the first level and other bodies; and 2. Petitions for habeas corpus and quo warranto. With Regional Trial Courts 1. Actions against ambassadors, other public ministers, other public ministers and consuls.

A Special Proceeding is an action in rem because it binds the whole world. Generally, there is no defendant. It is generally titled In the matter of xxx xxxx Adoption, Annulment, Settlement of Estate xxvi Applicability of the Rules of Summary Procedure Civil Cases 1. All cases of Forcible Entry and unlawful Detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorneys fees are awarded, the same shall not exceed P20, 000. 2. All other cases, except probate proceedings, where the total amount of the plaintiffs claim does not exceed P100, 000 (outside MM) or P200, 000 (MM), exclusive of interests and costs.

Appellate a. Petitions for review on certiorari against: i. Court of Appeals; ii. Court of Tax Appeals; iii. Sandiganbayan; and iv. Regional Trial Courts in cases involving 1. constitutionality or validity of a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation; 2. legality of a tax, impost, assessment, toll or a penalty in relation thereto; 3. Jurisdiction of a lower court; and 4. Only errors and questions of law.

Criminal Cases 1. 2. 3. 4.

Violations of traffic laws, rules and regulations; Violations of the Rental Law; Violations of municipal or city ordinances; All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six (6) months, or a fine not exceeding P1, 000.00, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this rule shall govern where the imposable fine does not exceed P10, 000.

The rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject

In summary Proceedings, the only pleadings allowed are the following: 1. Verified Complaint; 2. Verified Answer. No permissive counterclaims are allowed, only those which are compulsory by character. No one may interpose a cross-claim in a summary proceeding. No motions may be filed in a summary proceeding, as they are prohibited, except motion to render judgment and MOTION TO DISMISS on the grounds of: 1. Lack of Jurisdiction over the Subject Matter;

-> affects title to, possession of, partition, condemnation, and foreclosure of real property 2. Personal Actions -> -> -> -> -> -> not real actions recovery of personal property enforcement of a contract recovery damages for breach of contract recovery of damages for the commission of an injury recovery of a debt

2.

Failure to comply Conciliationxxvii.

with

the

requirements

of

Barangay

3. Actions In Rem -> -> -> -> an action over versus a thing or property status or condition of a thing right in a specific property which is enforceable against the whole world examples: Probate proceedings, Declaration of Nullity of Marriage, etc.

After the submission of the complaint, the MTC determines whether or not the case falls under Summary Procedure. If there are apparent grounds for the motu propio dismissal of the case, the complaint shall be dismissed. If there are none, then the court shall issue summons and cause the same to be served to the defendant. If no answer was filed, the MTC can render judgment on the basis of the complaint via motion to render judgment. Awards may be reduced by the MTC if found to be unconscionable and excessive but it may not be increased beyond what is prayed for in the complaint. If an answer was filed, the MTC shall set the case for a preliminary conference within thirty (30) days after the filing of the answer or the last pleading. If the plaintiff fails to appear in the PC, the complaint may be dismissed. If the defendant interposed a counter-claim in his answer, defendant may be entitled to a judgment on his counter-claim. If the defendant failed to appear, the plaintiff may be entitled to judgment. The MTC shall then issue a record of the PC within five (5) days after the termination of the PC. Simultaneously, the MTC may ask clarificatory questions, submission of evidence, affidavits and position papers from the parties. Thereafter, the case is deemed submitted for decision within 15 days. Classifications of Civil Actions 1. Real Actions to the ordinary procedure.

4. Actions In Personam -> claim against a particular person -> recovery of ownership of land ->recovery of damages -> specific performance -> auction sale of land for the collection of delinquent taxes -> action to redeem or to recover title to or possession of real property Commencement of Civil Actions Upon the filing of the complaint, the plaintiff: 1. submits to the jurisdiction or the court; and 2. commences the civil action Importance of determining when an action is commenced: to suspend the running of the prescriptive period.xxviii The complaint filed should be the original copy. The court, upon receipt of the original complaint shall stamp the word received. If the complaint is sent by registered mail, the date of mailing is deemed the date of filing. When is a complaint deemed filed?
xxviii

xxvii

All other grounds under Rule 16 may be set up as an affirmative Defense in the Verified Answer. If not pleaded, they are deemed waived.

Prescription is the interval of time within which or after which certain rights are acquired or extinguished.

A Civil Action, while commenced by mere filing of the complaint, such filing is incomplete unless there is payment of the docket fee. The court does not acquire jurisdiction without payment of the appropriate docket fee. If the docket fee is insufficient, the court may allow the plaintiff to pay within a reasonable time. Docket fee is an essential part for the court to acquire jurisdiction. The ruling in Manchester v. CA has been abandoned. In the current state of the law, the rule is the court may give the plaintiff a reasonable time to pay the docket fee, provided that prescription have not set in. The prescription period will only be suspended when the complaint is completely filed (filing + payment of the docket fee) as the two requisites are concurring requirements. The amount of the docket fee is based on the TOTALITY of all claims including damages which may be found in the allegations in the complaint and repeated in the prayer. If there is a conflict in the body of the complaint on one hand, and the contents of the prayer on the other, the allegations in the body will prevail for the purpose of determining the correct amount of the docket fee to be paidxxix. Depending on the evidence presented, the court is allowed to award damages which are more than that what was prayed for and thus making the docket fee insufficient. The award, in such case, will constitute a lien for the satisfaction of the docket fee. The rules on filing and payment of docket fees equally apply to all initiatory pleadingsxxx. Additional Defendant/s After the filing of the complaint, the plaintiff may include (an) additional defendant/s. Question: When is an action deemed filed as to the additional defendant? Answer: There are two (2) ways to include additional defendant by an amendment of a complaint. 1. Without leave of Court (Amendment as a matter of Right): By filing of the amended complaint at any time before the answer is filed by the defendant. Here, as soon as the

amended complaint is filed, the action is deemed filed on that date as to the additional defendant.

2.

With leave of Court (Amendment as a matter of Court Discretion): By Motion for Leave of Court to admit an amended complaint to include the additional defendant after the original defendant has filed her answerxxxi. If granted, the date of the commencement as to the additional defendant is the date of the filing of the motion to admit the amended complaint. If denied, the case is deemed not filed against the additional defendant, without prejudice to the right of the plaintiff to file another case against the proposed additional defendant in another proceeding.

During the pendency of the hearing of the motion to admit, prescription shall be suspended with respect to the additional defendant, from the date of the filing of the motion up to the day it is denied. The motion to admit the amended complaint to include additional defendant should state the name of the additional defendant and the reason why he is being added as such. Cause of Action An act or omission by which a party violates the right of another constitutes cause of action. The act or omission may be deliberate or negligent. There can be several acts or omissions violating only one right or several rights and there can be only one act or omission violating only one right or several rights. Three important doctrines in Cause of Action 1. 2. One suit for a single cause of action Joinder of causes of action Misjoinder of causes of action

3.

xxix xxx

Usually, it is P6. 00 for every P1, 000.00 (a) complaint; (b) Permissive counter-claim (b) Third-party complaint; (d) Complaint-inintervention

xxxi

The motion to admit the amended complaint should be accompanied by the pleading that is to be admitted.

There should only be one suit for a single cause of action. NO SPLITTING OF CAUSE OF ACTION RULExxxii. Illustration 1: X borrowed money from Y with security. X refused to pay. Y can only file one suit which is either to file an action for a sum of money or foreclosure. He cannot file both at the same time. The principle applies. Illustration 2: X borrowed money from Y and issued a check. The check bounces. Here, there are 2 causes of action. (Non-payment & violation of the bouncing checks law BP 22). The principle finds no application. Litis Pendentia Dismiss 2nd suit because of the pendency of the 1st suit. Res Judicata Dismiss the 2nd suit because the 1st suit has already been resolved (final and executory). Joinder of Causes of Action several causes of action are joined in one action left to the discretion of the plaintiff whether to join the actions or not because the same is always permissive

Parties Appropriately, the claiming party and the defending party: Plaintiff and Defendant. Who may become parties? 1. 2. Natural Persons; Juridical Persons; and Entities authorized by lawxxxiv

3.

Parties who do not posses juridical personality cannot sue but can be sued. In an unauthorized single proprietorship, the owner may sue or be sued under his name as a natural person. General Rule: Persons posing themselves as partners who do not posses juridical personality cannot sued as a partnership. Exception: They can be sued under the principle of estoppel. This exception only applies if the entity (informal partnership or corporation) is composed pf two (2) or more persons. Types of Parties

Requisites of Joinder

1.
2.

Compliance with the requisites of permissive joinder of partiesxxxiii Does not include special Civil Action or actions governed by special rules. All actions joined must be governed by the rules of ordinary civil actions. In case there are several causes of actions between the same parties, the case may be filed in the RTC provided that the jurisdiction of one of the causes of actions lie therein and the rules of venue are not violated. The TOTALITY RULE should be applied (Totality of Claims) in cases of recovery of sum of money.

1.

3.

Indispensable These are the MANDATORY parties. They should be joined because the suit will not prosper without them (there could not be a final determination of the case). There is no cause of action if an indispensable party is not joined. Necessary These are PERMISSIVE parties, as they may or may not be joined. They are only needed to obtain complete relief. They should be joined if the plaintiff wishes to obtain complete relief. Their names and circumstances should be alleged together with the reasons why they are not joined if they are not joined as parties by the plaintiff. An unwilling co-plaintiff must be included as a defendant in order to obtain complete relief. The same is true when there are alternative defendants. If the reasons for non-joinder are not specified in the complaint, or the same was found unsatisfactory by the court, finding them

2.

4.

Misjoinder of cause of action Upon motion of the parties or at its own instance, the court shall order the misjoined action be severed or dropped or dismissed and be tried or proceeded separately.
xxxii

Refers to the reliefs asked, not the acts or omissions or the rights violated (a) right to relief arise from the same transaction or series of transactions; (b) common questions of law or facts; (c) no violation of the rules of territorial jurisdiction and venue
xxxiii xxxiv

These are neither natural nor juridical persons. Ex. Estate of a deceased person

to be not merely necessary, but indispensable parties, the court may order their inclusion. If the plaintiff refuses, or fails to obey the order of the court, they plaintiff is deemed to have waived the right to claim from the necessary parties, or the case itself may be dismissed by reason of lack of cause of action by reason of the non-inclusion of indispensable parties. 3. Representative Parties those acting in behalf of another (trustee, agent, guardian, etc.) General Rule: Agent may sue or be sued in behalf of a principal without joining the principal or disclosing the principal. Exception: If the contract involves property belonging to the principal.

6.
7. 8.

Special Parties Minors or incompetents represented or assisted by parents, guardians or by a court-appointed guardian ad litem. Unwilling Co-Plaintiff sued as a party defendant Alternative Party - sometimes referred to as Shotgun Complaint. This is applicable whenever it is uncertain as to who is liable, where the plaintiff sues all of them. Unknown Defendant She may be an unknown owner, heir or devisee, etc. If the identity is discovered, the complaint must be amended.

9.

10. Indigent Party: Requisites:

4.

Pro- forma Parties These are the parties required by law or the rules to be joined in a suit. Illustrations: Husband and wife; in cases of review of a decision of a lower court, judges are includedxxxv.

i.
ii.

an application filed in court to sue as such (with the complaint attached therein)xxxvi; proof that she has no resources for basic necessities; order of the court to allow her to sue in such capacity.

5.

Quasi-Parties Types of Quasi-Parties

iii.

1.
2. 3.

Class Suit all persons belonging to the same class or similarly situated where it would be impractical to include all of them plaintiffs or defendants. Taxpayers Suit a case of grave abuse of discretion of Public Officers involving Public Funds Citizens Suit by those directly aggrieved by the acts of the government officials/employees who acted with grave abuse of discretion Legislators Suit filed by a member of Congress

If the Indigent litigant obtains favorable judgment which constitutes an award, the latter will serve as a lien for the payment of docket fee. Death of a Party Counsels duty is to inform the court with 30 days from death (MANDATORY) and provide for the names and addresses of the legal successors-in-interest (heirs) Within thirty (30) days from notice, the court will order the substitution (which is enough to rest jurisdiction over the persons of the legal heirs without summons). If there is no known legal heir, the opposing party may procure the appointment of an executor

4.

In Quasi-Party, the parties representing all the others themselves have a cause of action, while in Representative Party, the party representing must not have a cause of action versus the defendant.

xxxv

The court, the registrar of deeds, etc.

xxxvi

In a summary ex-parte hearing

Substitution only applies to actions which survive the death of a partyxxxvii

1.
2.

Determine if there is any law or rule providing for the venue xxxviii of a civil action; In the absence thereof, determine if there is any agreement between the parties concerning venue; For the agreement concerning venue to be applicable, the following requisites must concur: i. ii. iii. The agreement must be in writing; The same must be entered into prior the commencement of the action; The provision as to the venue must be couched in clear mandatory language; The agreement must not be or be a part of a contract of adhesion

Enforceable against the estate of the deceased person Party dies before the institution of the action; Remedy; File a case against the estate Party dies after the institution of the action; remedy; Present judgment to the estate court

Public officer (in official capacity) Death or separation from office; within 30 days upon the assumption of the new officer, me may signify his intention whether to continue litigation or not.

iv. 3.

Incompetency/ Incapacity When it occurs during the pendency, substitution by guardian shall be ordered

In case of absence of the next two preceding rules, or even if there is an agreement, but the same failed to comply with the requisites for its validity, determine whether the action is Real or Personal. Real Actions are cases involving Real Property concerning the following issues: (a) (b) (c) (d) (e) (f) possession; title to or ownership; foreclosure of mortgage; partition; condemnation; and expropriation.

Transfer of Interest The case may continue but the court may order the inclusion of the transferee

Notice to the Solicitor General Venue Venue is the place of trial; the place where the court exercises its jurisdiction. Rules in the determination of Venue (Civil Actions) In all actions instrumentalities against the government or any of its

Personal Actions Venue may be the place of residence xxxix of the plaintiff or defendant at the option of the plaintiff. If one of the parties is a juridical person, residence shall be the principal office. Improper Venue

xxxvii

Actions that survives the death of a party: 1. Recovery of real or personal property 2. Enforcement on a lien on property 3. Recovery of damages 4. Actions for damages by reason of crimes or quasi-delict 5. actions involving money claims

may not be dismissed motu propio by the court may be raised as an affirmative defense in the answer or a ground on a motion to dismiss

xxxviii

Example of law or rule determining the venue: (1) perpetuation of Testimony;(2) quo warranto
xxxix

Actual Physical residence, not Domicile.

Pleadings Pleadings are written statements containing the allegations of claims or defenses. All pleadings are in writing, while motions may be oral or written. 2 Types of Pleadings 1. Pleadings asserting a claim; 2. Pleadings asserting a defense. Pleadings asserting a claimxl 1. Complaint 2. Counter-claim 3. Cross-claim

i.
ii.

Negative; Affirmative.

Negative defense comprises of a specific denial of a material allegation alleged in the opposing pleading. 2 ways of making a Specific Denialxli (a) Specific Denial with an allegation of the True Facts not only denies but assert the true facts to the knowledge of the party making the denial making some allegation of the truth xxx the truth of the matter being xxx

4.
5.

3rd-Party Complaint Complaint-in-Intervention

(b) Specific Denial based on Lack of Information a party does not have knowledge as of the facts sufficient to form a belief as to the truth of the averment in the opposing parties pleading

Pleadings asserting a defense 1. Answer 2. Reply Types of Pleadings

1.

Complaint

Affirmative Defenses - comprises of allegations involving new matter not found in the opposing partys pleading. 3. there is necessarily no denial; allegations of new matter is a defense party setting it up will be deemed to have hypothetically admitted the allegations in the complaint, otherwise the AD shall not stand the grounds for motion to dismiss are also applicable to AD admits the cause of action in order for the defense to succeed Introduction of new allegations effectively bars the continuance of civil action (payment, prescription, etc.) duty of counsel is to object in the presentation of evidence already admitted Counter-claim

It is the pleading that alleges the cause of action of the plaintiff. It is an initiatory pleading. It initiates the civil action. It determines the jurisdiction of the court over the subject matter based on the allegations (consisting of factual issues). 2. Answer

It is the pleading in which the defending party sets forth her defenses. Kinds of Defenses
xl

All are initiatory pleadings except (a) cross-claim (where it asserts a claim in defense); and (b) compulsory-counterclaim (except for the need of payment of docket fee). Initiatory pleadings have to comply with some requirements to be valid or else they would be dismissed. Requirements: (1) Verification when required by the rules (generally, the inclusion of a prayer for provisional remedies, special proceedings, actions based on the ground of FAME)-legal effect of unverified pleading without verification: equivalent to an unsigned pleading. It is only a formal, not a jurisdictional defect. Hence, the court may require completion of the verification; (2) Payment of Filing fees; and (3) Certification against forum-shoppinga mandatory jurisdictional requirement. (It should be signed by the party and in the exact form and text provided for in the rules. Otherwise, it is defective.)

It is a pleading that sets forth the claim which the defending party has against the opposing party. 2 Types of Counter-claim

xli

A denial not in these forms is equivalent to a general denial which in turn, is equivalent to admission.

(a) Compulsory counter-claim Focuses more on the defense and not on the claim Must be set up in an answer, otherwise it will be barred Answer with Counter-claim Has the character of a defense rather than a claim Three (3) Concurring requisites of a Compulsory Pleading i. it must arise from the same transaction or series of transactions or with a causal connection or is necessarily connected with the opposing partys claim; must be within the jurisdiction of the regular courts (not within the jurisdiction of administrative or quasi-judicial bodies); does not require the presence of 3rd parties for its adjudication (between plaintiff and defendant only).

In an After-acquired counter-claim, the same may be filed in a supplemental answer with counter-claim

4.

Cross-claim

It is a pleading asserting a claim against a co-party. General rule: If it is not set-up, it will be barred The only requisite is that it should arise from the same transaction or series of transactions or is necessarily connected with the original action Exception (where it will not be barred): if the subject matter of the cross-claim is outside the jurisdiction of the court or will require the presence of 3rd parties. When not barred, the claim may be filed as a separate civil action There is no such thing as a permissive cross-claim Reply

5.

ii.

iii.

(b) Permissive counter-claim If any of the 3 requisites of a compulsory counter-claim is not present, the counter-claim is merely permissive Focuses more on the claim rather on the defense May or may not be included in the answer

It is a pleading that serves to join issues raised as new matters which are raised in the answer. A Reply addresses new issues raised in the answer The filing of a Reply is optional on the part of the plaintiff General Rule: even there is no Reply, the new matters in the answer are deemed controverted (specifically denied) Exception: when there is a need to reply because there might be adverse legal implications for not filing a reply. o When the basis of the cause of action is an Actionable Documentxliii. o

Considered as an initiatory pleading because the same pursues a cause of action, as if a complaint is filedxlii Requires the payment of docket fee Requires attachment of certificate of non-forum shopping Even if not set up in the answer, will not bar the claim In case it requires the presence of 3rd parties for its adjudication, a 3rd party complaint should also be filed
xliii

It is not deemed controverted if no reply is filed. In general, when an actionable document is alleged, and the party puts into issue its GENUINENESS and DUE EXECUTION, the denial must be under oath. Otherwise, the party is deemed to admit the existence of the document (only as to its genuineness and due execution, not its contents) By way of exception, however, a cause of action based on an actionable document shall be deemed controverted notwithstanding the

xlii

Non-initiatory pleadings need not be answered

Two (2) ways to allege an Actionable Document: (a) to state the nature of the document and attach it as an annex of the pleading; (b) to reproduce the content of the document in the pleading.

absence of a reply to the same, when it does not appear that the party not replying does not appear to be a party to the document, or when there is refusal to comply with the order of inspection. Allegations of Usurious interest in the complaint

3.

that it is not intended for delay

If a pleading is unsigned, it produces no legal effects and may be stricken off the records as a mere scrap of paper. When the party to an action is a Juridical Person, the pleading must be signed by a Natural Person authorized by the rules. He should append his authority from the Board of Directors of the corporation (whenever applicable) which is given prior to the filing of the initiatory pleading. If there is more than one party, the rules provide that each of the parties must sign. Except, of course, if the others not signing have not given their express authority to file the action. Legal Effect of Defect: Dismissal of the case without prejudice, unless otherwise provided in the order of dismissal. Is the defect curable? Not by amendment or completion: unless the following are proved (onus probandi pleader) o that there is sufficient justification or cause for the omission; or o that the dismissal of the case by reason of such defect would tend to derail the administration of justicexliv. Verification is an affidavit alleging that the matters set forth in the complaint are true and correct it should be made under oath if verification is required and the pleading is not verified, it will be considered as a mere scrap of paperxlv

The denial should be made under oath, else wise, the same shall be deemed admitted If the allegation of the usurious interest is found in the answer, it is deemed controverted even if there is no reply because the rule only applies when such allegation is in the complaint. If the answer has a counter-claim, and allegations of usurious interest are found therein, the reply should be under-oath, otherwise, the same shall bee deemed not controverted or in other words, admitted because technically, a counter-claim is deemed equivalent to a complaint (initiatory pleading)

6.

Third Party Complaint

It is a claim against a person not a party to the action. It is an initiatory pleading, where docket fee is supposed to be paid and attachment of certification of non-forum shopping is required.

It is filed when there is a necessity to implead a person not a party to the original action to put up a defense. It is merely of an ancillary nature and is dependent upon the main action. Once the main action is dismissed, the 3 rd party complaint (4th, 5th, etc.) should be dismissed. Except if it is set forth as an affirmative defense.

Certificate of non-forum shopping apples or required only in initiatory pleadings not required in cross-claims, and compulsory counter-claims must be signed by the party himself, not his counsel violation entails administrative action

Parts of a Pleading 1. 2. 3. 4. Caption Body (contains the allegations) Prayer Signature and address of counsel

Making Allegations There is no hard and fast rule in making allegations, for as long as the cause of action/s is/are established.
xliv xlv

Warranties of counsel upon signing of a pleading 1. 2. that he has read the pleading that it has a ground to support it

PAL v. FASAP Jan 24, 2006 Prof. Soriano says; When in doubt, verify.

The allegations must contain only the ultimate facts and not the evidentiary facts. Preferably, it should be done in a chronological order. Conditions precedent (Condicciones Precedentes) are legal acts required to be done in order for a cause of action to be ripe for judicial action. In averring condition precedents, the uses of general statements are allowed. (i.e., the essential elements of a contract) Conditions of the mind are alleged in general statements. Fraud and Mistake should be alleged with particularity to establish a claim. In alleging Judgments, only the pertinent portions of the same should be alleged. In alleging a Law, the allegation is done by citing the law. Effect of Failure to Plead (Defenses or Objections) General Rule: Waiver of all Claims, Objections and Defenses Exception (when C O & D not waived); (may be raised at any stage of the proceedings) Whenever there is: (a) Lack of jurisdiction over the subject matter; (b) Litis Pendentia; (c) Res Judicata; and (d) Prescription. Default of the Defendant

Plaintiff must prove the failure of the defendant to file responsive pleading within the reglementary periodxlvi Once established by the plaintiff, court shall order the defendant in default Plaintiff will be entitled to present evidence ex parte (without objections from the defendant because she can no longer actively participate in the trial not however depriving him of all notices involving the case) An Order of Default is unappealable. It is a mere interlocutory order. A Judgment by default is a judgment on the merits of the case. It is appealable. Here, the relief cannot be more than what is prayed for by the plaintiff. Unliquidated Damages (damages other than actual damages) cannot be awarded in a judgment by default because default is only a technical defect. By way of exception, if it is prayed for, the court may award the same up to a certain extent. If awarded sans a prayer in the complaint, the defendant may question the same on appeal. Effect of amended complaint after an order of default restores the right of the defendant to participate as he is given 10 more days to file an answer. Partial Default when there are several defendants present evidence ex parte only with respect to defendants who failed to file their answer with respect to defendants who filed answer, trial shall ensue.

Remedies 1. Before expiration of reglementary period to file responsive pleading, a Motion for Extension of Time to file Answer Before rendition of judgment, a Motion to set aside Order of Default on the ground of FAME (fraud, Accident, Mistake, Excusable Negligence). This should be under oath and contain proof of meritorious defense. There should be an Affidavit of Merit (under oath) Before finality, a Motion for New trial also on the ground of FAME, or a Motion for Reconsideration (on the grounds of excessive damages, Insufficient Evidence, Decision Contrary to Law)

Defendant -> fails to plead in his compulsory counterclaim or cross-claim -> barred Responsive Pleading Filed by the defendant once a complaint or other initiatory pleading is filed Failure to file defendant may declared in default The court cannot motu propio declare defendant in default Plaintiff must file a motion to declare the defendant in default furnish the defendant a copy in order for him to explain
xlvi

2.

3.

To be determined in the sheriffs return

Amended/Supplemental Pleading Amended pleading changes in the pleading already filed modifications or changes on account of transactions arising or already existed before the filing of original pleading. To ADD, STRIKE-OUT, or CORRECT a pleading. The changes must be highlighted. Classes of Amendment A. Amendment as a Matter of Right Can only be made once Made before responsive pleading is served Also applies to cross-claim, counter-claim and 3rd party complaint With respect to reply, within ten (10) days after filing of answer as a matter of right

by the court motu propio after trial or by motion of the parties may only be made if no objections to the presentation of evidence or if there be any, the same were rejected by the court

Legal effects of amending a pleading 1. 2. 3. 4. 5. The Amended pleading supersedes the original pleading; If prescription sets-in upon filing, a ground for the dismissal of the case; Filing fee must be paid; Any admission in the original pleading may be used against the pleader; COD (claims, objections and defenses) not incorporated in the amended pleading are deemed waived applies only to answer.

B. With leave of court In all other cases File a motion with leave of Court to amend complaint The amended complaint must accompany motion After filing, court shall rule whether to admit the motion/grant leave With hearing

C. To conform to evidence Answer to a Complaint Answer by a Foreign Private Entity Answer by a non-resident individual Answer to an Amended Complaint (as a matter of right) Answer to an Amended Complaint (with leave of court) Answer to Permissive Counter-claim Answer to Compulsory Counter-claim/Cross-claim Answer to Supplemental complaint Reply

Supplemental pleading changes in the transactions arise after the filing of the original pleading amplifies the pleading always with leave of court via Motion to admit Supplemental Pleading Periods to file Responsive Pleadings

15 days from the service of summons unless the court provides otherwise 30 days from service of summons (by Extraterritorial Service/by Publication) not less than 60 days as determined by the court still 15 days from service of summons: Remedy -> Motion for Extension of Time to file Answer 10 days from receipt of notice of the order of the court admitting the Amended Complaint 10 days from receipt or service of the answer need not be answered 10 days from the receipt by the defendant of the order granting the motion to file Supplemental Complaint 10 days from the receipt of the Answer

unless the court provides otherwise- as provided for by the rules, the period may not be shortened but may be extended by the court

The court cannot motu propio extend the period, the must be a Motion to Extend filed by the party seeking such relief filed within the reglementary period.

Bill of Particulars necessary when there is a need for the defending party to have a more definite statement of any matter which is not averred with sufficient particularity to enable him to respond properly to the complaint must be filed before responding to a pleading file a motion requesting for a more definite statement reglementary period is suspended while waiting for the resolution of the motion If granted, plaintiff should file an amended or supplemental pleading within 10 days from the notice of the order granting the motion for bill of particulars. If amended or supplemental complaint is not filed, the case may be dismissed. If denied, the defendant may file the responsive pleading during the remaining period to file but not less than 5 days reckoned from the date of the receipt of the order denying the motion. Legal effect of filing of an amended/supplemental pleading in response to an order for a bill of particulars: (a) amended pleading does not supersede the original; (b) forms part of the original pleading; and (c) answer should be based on the amended pleading

There are two ways of filing: 1. Personally where the date received is stamped 2. by Mail Through Registered or Ordinary mail - Date of mailing is the date of filing Manner of Service 1. Personal 2. Mail 3. Substituted service If service cannot be made personally, the explanation or reason why personal service cannot be effected should be attached to the pleading or motion, without such explanation, the pleading will be stricken-off the records and treated as a mere scrap of paper. Substituted Service by giving a copy of the pleading to the Clerk of court, deemed as served When service is deemed complete? 1. personal actual delivery 2. registered mail actual receipt; if the party refused to receive, service is deemed complete after 5 days from receipt of the first notice (constructive receipt) 3. Ordinary Mail actual receipt; constructive receipt is after 10 days after mailing. How is service proved? (Proof of Service) by the admission of the other party of his receipt; stamped receipt by other party if done through registered mail, by the registry receipt and return card if through ordinary mail, by the affidavit of the mailer

Ominibus Motion Rule All objections must be alleged/included in the motion, and anything not included but should have been included shall be deemed waived by the party. The grounds for a Motion to Dismiss may be used as an Affirmative defense in the Answer. If the defendant has a counter-claim and there is an affirmative defense put up, the court may set the hearing on the affirmative defense and may dismiss the main action if the affirmative defenses are found to be meritorious while the counter-claim survives. Filing and Service of Pleadings and Motions Filing is the act of presenting the Pleading or Motion to the Clerk of court. Service is the legal act of providing a copy of the Pleading or Motion to the other party (through his counsel) Manner of filing

Notice of Lis Pendens If the cause of action involves real property (Real Actions), a notice of Lis Pendens may be filed in the registry of Deeds to annotate the pendency of a case. It cannot be removed without a court order. Summons Summons confer jurisdiction over the person of the defendant. It is issued by the Clerk of Court to be served by the sheriff, his deputy, process server or any person authorized by the court.

should be accompanied by the complaint but the same will not be invalidated if the complaint is not attached thereto the defendant cannot choose to ignore, he must get a copy of the complaint in court and file the responsive pleading within the reglementary period (15 days from the receipt of summons) summons is served 5 days from its issuance sheriff issues a return of service, where the plaintiff is furnished a copy if sheriff fails to serve at the 1st instance, it cannot be used again. Plaintiff must ask the court for alias summons

Prisoners serve summons to the officer managing the jail Minors and Incompetents serve summons to minors and incompetents AND to the father, mother, legal guardian or guardian ad litem Domestic Private Corporation serve summons to: 1. President; 2. Managing Partner; 3. General Manager; 4. Corporate Secretary; 5. Treasurer; 6. In-House counsel Service of summons in the enumeration is exclusive, the Doctrine of Substantial Compliance shall not apply However, service of summons to an equivalent officer shall be sufficient Foreign private Entity doing business in the Philippines required to have an agent here in the Philippinesxlvii - service to any officer is valid or to a government agency in charge of the corporation (SEC)xlviii Proof of Service of Summons 1. Sheriffs Return (Report); 2. Affidavit executed by the Sheriff; 3. If service is thru publication, by the affidavit of the publisher or printer. Voluntary Submission is any act of participation in the proceedings. Improper service of Summons Question: may the court acquire jurisdiction over the person of the defendant by reason of voluntary submission when the defendant filed a Motion to Dismiss based on Lack of Jurisdiction over his person by virtue of Improper Service of Summons? Answer: No. His act is not considered as voluntary appearance. Motions refers to any application for relief which the party wants the court to do during the pendency of the litigation other than by pleading. More of procedural rather than Substantive Examples are; production of documents, extension of time, clarification, etc. May be oral or in writing

How Summons are served. 1. by Personal Service; 2. by Substituted Service; 3. by Publication; and 4. by Extra-Territorial Service. Personal Service serve a copy by handing a copy of the summons and complaint to the defendant himself, if he refuses to receive, the sheriff can tender it to him (even without asking the defendant to receive it) Substituted Service if despite all efforts the defendant cannot be found, sheriff can leave the copies in the residence or place of business to a person of sufficient age and discretion residing or working therein. Publication where the defendant cannot be found (no address or place of business).

service by publication shall be with leave of court to acquire jurisdiction over the res if the defendant is unknown, or his whereabouts, or when she is temporarily outside the country

Extra-Territorial Service available only in in rem and quasi in rem proceedings defendant must be a non-resident service is where the defendant may be found whether personal, by publication and registered mail to the last known address, or in any other manner which the court may deem proper.

Service of summons to Particular Defendants Entities without juridical personality service of summons to any of its members is service to all

xlvii xlviii

Under the Corporation Code Securities and Exchange Commission

Oral: in the presence of the court in the course of a judicial proceeding. May be made when there is no rule requiring the same to be in writing Written: done outside of the proceedings; not in open court; may be LITIGATED (de parte) or NON-LITIGATED (ex parte) motions Litigated Motions require NOTICE and HEARING

Rules in Litigated Motions 1. Set motion for hearing (date and time) within 10 days after filing of the motion in court -> if date or time is not set, the motion is considered a mere scrap of paper -> if the court is not available on that date or time, the court shall order another schedule -> if the other party is not available, she should file a motion to reset the date and/or time of the hearing 2. 3-Day Notice rule serve a copy of the motion at least 3 days before the scheduled hearing of that motion; In a motion for Summary Judgment however, the notice must be given at least 10 days before the hearing. 3. Proof of Service all parties must be duly notified 4. The motion should specify the following: a. relief asked for b. stating the grounds (both legal and factual) c. affidavit/documentary evidence to support it