Professional Documents
Culture Documents
Outline
Justice Magdangal M. de Leon
Basic principles
Remedial law distinguished from substantive law
Kinds of procedure
1. As to purpose
2. As to formality
Civil action, criminal action and special proceedings distinguished
Rule 1
General Provisions
(Sections 1 to 6)
Rule making power of Supreme Court
Art. VIII, Sec. 5 (5), Constitution
Art. VI, Sec. 30
Procedural and substantive rules
Force and effect of Rules of Court
Power of Supreme Court to suspend the Rules of Court
May parties change the rules of procedure?
Matters of procedure which
>may be agreed upon by the parties
>are waivable
>fall within the discretion of the court
Jurisdiction
1. Generally
a. subject matter
b. res or property
c. issues
d. parties
2. Estoppel to deny jurisdiction
Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA
460 (2005)
3. Jurisdiction at time of filing of action
People vs. Cawaling, 293 SCRA 267 (1998)
Regular Courts (MTC, RTC, CA, SC)
Art. VIII, Constitution
BP 129 (Judiciary Reorganization Act of 1980)
RA 7902 (expanding the jurisdiction of the CA,
amending BP 129)
RA 7961 (expanding the jurisdiction of MetroTC,
MTC, MCTC, amending BP 129)
SC Adm. Circular No. 09-94, in rel. to RA 7691
SC Circular No. 21-99, in rel. to RA 7691
Rule 2
Cause of Action
(Rules 1 to 6)
Cause of action (Secs. 1-2)
Distinguished from right of action
Splitting a cause of action (Secs. 3-4)
Joseph vs. Bautista, 170 SCRA 540 (1989)
Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007
Progressive Development Corp. vs. CA, 301 SCRA 367 (1999)
CGR Corporation vs. Treyes, Jr., G.R. No. 170916, April 27, 2007
Enriquez vs. Ramos, 7 SCRA 265 (1963)
Remedy against splitting a single cause of action
a. motion to dismiss Rule 16, Sec. 1 (e) or Sec. 1 (f)
b. answer alleging affirmative defense Rule 16, Sec.
6
Joinder of causes of action (Secs. 5-6)
Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)
What is the totality rule?
Rule 3
(Formal Requirements)
Filing and Service of Pleadings,
Motions and Orders
Verification (Rule 7, Sec. 4)
Certification against forum shopping (Rule 7, Sec. 5)
Ao-As vs. CA, 491 SCRA 353 (2006)
Forum shopping certificate for a corporation
PAL vs. Flight Attendants and Stewards Assn of the Phils.(FASAP), 479 SCRA 605 (2006)
Filing and service defined (Rule 13, Sec. 2)
Coverage (Rule 13, Secs. 1, 4)
Modes of service
In general, filing (Rule 13, Sec. 3)
In general, service (Rule 13, Secs. 5, 9)
Personal (Rule 13, Sec. 6)
Mail (Rule 13, Sec. 7)
Substituted service (Rule 13, Sec. 8)
Priority (Rule 13, Sec. 11)
Upon party in default (Rule 9, Sec.3)
Completion of service (Rule 13, Sec. 10)
Proof of filing and service
Rule 13, Secs. 12, 13)
Lis pendens (Rule 13, Sec. 14)
Amended and Supplemental Pleadings
Amendments
In general (Rule 10, Sec. 1)
Liberality
Barfel Devt. Corp. vs. CA, 223 SCRA 268 (1993)
Form (Rule 10, Sec. 7)
Effect (Rule 10, Sec. 8)
Kinds
Formal amendments (Rule 10, Sec. 4)
Substantial amendments
Matter of right (Rule 10, Sec. 2)
Matter of discretion (Rule 10, Sec. 3)
To conform to evidence (Rule 10, Sec. 5)
Swagman Hotels & Travel, Inc. vs. CA,
G.R. No. 161135, April 8, 2005
Remedies
Periods to answer
Amendments (Rule 11, Sec. 3)
Supplemental complaint (Rule 11, Sec. 7)
Supplemental pleadings (Rule 10, Sec. 6)
Distinquished from amended pleadings
Rule 14
Summons
(Sections 1 to 20)
Definition and purpose
Duty to issue (Secs. 1, 5)
Form
Content (Sec. 2)
If with leave of court (Sec. 17)
Who serves (Sec. 3)
On whom
In general (Secs. 1, 6)
Entity without juridical personality (Sec. 8)
Associations
Domestic (Sec. 11)
List exclusive
E.B. Villarosa & Partner Co., Ltd. vs. Benito,
312 SCRA 65 (1999)
Foreign (Sec. 12)
Northwest Orient Airlines, Inc. vs. CA. 241
SCRA 192 (1995)
Public corporation (Sec. 13)
Minors (Sec. 10)
Insane, incompetents (Sec. 13)
Prisoners (Sec. 10)
Unknown defendant (Sec. 14)
*whether in rem, quasi in rem or personal
Residents temporarily out (Secs. 16)
Non-resident (Sec. 15)
*in rem, quasi in rem
Modes of service
personal (Sec. 6)
substituted (Sec. 7)
Robinson vs. Miralles, G.R. No. 163584, December 12,
2006)
Rule 15
Motions
(Sections 1 to 10)
In general (Sec. 1)
Form (Sec. 2)
Generally (Sec. 10)
May be oral (Sec. 2)
Motion for leave (Sec. 9)
Prohibited motion
Contents (Sec. 3)
Omnibus motion rule (Sec. 8)
Exceptions (Rule 9, Sec. 1)
Notice of hearing (Secs. 4, 5)
General rule = without compliance scrap of paper
Exceptions
Motions which may be granted ex parte
Where adverse party had opportunity to oppose
Lanto vs. Dimaporo, 16 SCRA 599 (1966)
Vlason Enterprises Corp. vs. CA, 330 SCRA 26
(1999)
Proof of service (Sec. 6)
Hearing of motions (Sec. 7)
Rule 16
Motion to Dismiss
(Sections 1 to 6)
Four general types of motion to dismiss under the Rules
1. Motion to dismiss before answer (Rule 16)
2. Motion to dismiss by plaintiff (Rule 17)
3. Motion to dismiss on demurrer to evidence after plaintiff has rested his case under
Rule 33
4. Motion to dismiss appeal either in RTC (Rule 41, Sec. 13), CA (Rule 50, Sec. 1) or
SC (Rule 56, Sec. 5)
Grounds (Sec. 1)
Lack of jurisdiction
Boticano vs. Chu, 148 SCRA 541 (1987)
Res judicata
Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31,
2007
No cause of action
Halimao vs. Villanueva, 253 SCRA 1 (1996)
Tan vs. CA, 295 SCRA 247 (1998)
Statute of frauds
Asia Production Co., Inc. vs. Pano, 205 SCRA 458
(1992)
Condition precedent
Sunville Timber Products, Inc. vs. Abad, 206 SCRA 482
(1992)
Who files
How pleaded
Period (Sec. 1)
As affirmative defense (Sec. 6)
- counterclaim which may be prosecuted in same or
separate action refers to
permissive counterclaim
Hearing and resolution (Secs. 2, 3)
Municipality of Binan vs. CA, 219 SCRA 69 (1993)
- preliminary hearing not mandatory
- preliminary hearing on an affirmative defense for
failure to state a cause of action is not necessary
Effects
Of dismissal (Sec. 5)
On periods for pleading (Sec. 4)
On other grounds and omnibus motion rule (Rule 9, Sec. 1; Rule 15, Sec. 8)
Remedies
If motion granted appeal or refile complaint
If motion denied - file answer, unless without jurisdiction, in which case, Rule 65 petition
NPC vs. CA, 185 SCRA 169 (1990)
Rule 17
Dismissal of Actions
(Sections 1 to 4)
Upon notice by plaintiff before answer (Sec. 1)
O.B. Jovenir Construction and Development Corp. vs.
Macamir Realty and CA, G.R. No. 135803, March 26, 2006
Upon motion of plaintiff after answer (Sec. 2)
Due to fault of plaintiff (Sec. 3)
Cruz. vs. CA, G.R. No. 164797, February 13, 2006
Effect on counterclaim
Pinga vs. Santiago, G.R. No. 170354, June 30, 2006
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242,
August 14, 2007
Remedy of plaintiff
Ko vs. PNB, 479 SCRA 298, January 28, 2006
Dismissal of counterclaims (Sec. 4)
10
Default
Rule 9, Sec. 3
Nature in general (Sec. 3, first par.)
When may a defendant be declared in default?
1. Failure to file answer (Rule (9, Sec. 3)
2. Failure to furnish copy of answer
3. Failure to appear at pre-trial (Rule 18, Sec. 5)
4. Failure to comply with modes of discovery
( Rule 29, Sec. 3 [d])
When allowed (Sec. 3, first par.)
Effect (Sec. 3(a), (c))
Gajudo vs. Traders Royal Bank, G.R. N o. 151098, March 21, 2006
Vlason Enterprises Corp. vs. CA, 310 SCRA 26 (1999)
Order of default
When some answer and others default (Sec. 3 (c))
Extent of relief to be awarded (Sec. 5)
Where not allowed (Rule 9, Sec. 3 (e))
Procedure after order of default (Sec. 3, first par.)
Remedy from order of default
Motion to set aside (Sec. 3(b))
Ramnani vs. CA, 221 SCRA 582 (1993)
Remedies from judgment by default
Before finality
or new trial (Rule 37)
Appeal (Rules 40 and 41)
Martinez vs. Republic, G.R. No. 160895, October 30, 2006
After finality
Petition for relief from judgment (Rule 38)
Annulment of judgment (Rule 47)
Is certiorari a proper remedy?
Jao vs. CA, 251 SCRA 391 (1995)
Indiana Aerospace University vs. CHED, 356 SCRA
367 (2001)
Rule 18
Pre-Trial
(Sections 1 to 7)
Nature (Sec. 2)
When (Sec. 1)
LCK Industries Inc. vs. Planters Development Bank, G.R. No. 170606, November 23, 2007
Requirements for appearance (Sec. 4)
11
Procedure
Duty to set (Sec. 1)
Effect of I.A.1.2, A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court
Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery
Measures), which took effect on August 16, 2004
Notice (Sec. 3)
Pre-trial brief required (Sec. 6)
Record or order of pre-trial (Sec. 7)
Consequences
Order (Sec. 7)
Effect of failure to appear (Secs. 5, 6 (last par.))
Calalang vs. CA, 217 SCRA 462 (1993)
On plaintiff (see Rule 17, Sec. 3)
On defendant, compare with default (Rule 9, Sec. 3)
Citibank N.A. vs. Chua, 220 SCRA 75 (1993)
No pre-trial brief (Rule 18, Sec.7)
Rule 20
Calendar of Cases
(Sections 1 and 2)
Calendar (Sec. 1)
Preferences (Sec. 1)
Assignment of cases (Sec. 2)
Rule 22
Computation of Time
(Sections 1 and 2)
Rule 30
Trial
(Sections 1 to 9)
Notice of trial (Sec. 1)
Adjournments and postponements (Sec. 2)
Absence of evidence (Sec. 3)
Illness of party or counsel (Sec. 4)
Subpoena, Rule 21
Conduct
Order of trial (Sec. 5)
Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)
Statement of judge (Sec. 7)
Suspension of actions (Sec. 8)
Arts. 2030 & 2035, Civil Code
Duty of judge to receive evidence and power to delegate
to clerk of court (Sec. 9)
12
Lack of cause of action may be cured by evidence presented during the trial and
amendments to conform to the evidence.
Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005
Rule 33
Demurrer to Evidence
(Section 1)
Republic vs. Tuvera, G.R. No. 148246, February 16, 2007
Distinguished from motion to dismiss for failure to state a cause of action (Rule 16, Sec. 1
(g))
The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No. 159189, February 21,
2007
Distinguished from demurrer in criminal case (Rule 119, Sec. 23)
Rule 34
Judgment on the Pleadings
(Section 1)
Meneses vs. Secretary of Agrarian Reform, G.R. No. 156304, October 23, 2006
Distinguished from summary judgment
Diman vs. Alumbres, 299 SCRA 459 (1998)
Rule 35
Summary Judgments
(Sections 1 to 6)
Ontimare vs. Elep, G.R. No. 159224, January 20, 2006
Motion required
Asian Construction and Development Corp. vs. PCIB, G.R. No. 153827, April 25, 2006.
Rule 36
Judgments, Final Orders and Entry
(Sections 1 to 8)
Form (Rule 36, Sec. 1)
Concept of final judgment and final order
See also Rule 41, Sec. 1
BA Finance Corp. vs. CA, 229 SCRA 566 (1994)
Kinds (as to finality)
Rendition of judgment (Rule 36, Sec. 1)
Entry of judgment (Rule 36, Sec. 2)
Entry of satisfaction of judgment (Rule 39, Secs. 44 and
45)
13
14
15
16
17
18
19
20
(1982)
Motion for reconsideration required; exceptions
Tan vs. CA, 275 SCRA 568 (1997)
Period for filing (Sec. 4)
Discovery
Read Rules 23 to 29
Deposition - definition and purposes
People vs. Webb, 312 SCRA 573 (1999)
When taken
Dasmarinas Garments, Inc. vs. Reyes, 225 SCRA 622 (1993)
When leave of court required
Republic vs. Sandiganbayan, 204 SCRA 212 (1991)
Request for admission
Po vs. CA, 164 SCRA 668 (1988)
Importance of discovery procedures
A.M. No. 03-1-09-SC dated July 13, 2004
Guidelines to be observed by trial court judges and clerks
of court in the conduct of pre-trial and use of deposition- discovery procedures
Hyatt Industrial Manufacturing Corps. vs. Ley Construction and
Development Corp., G.R. No. 147143, March 10, 2006
Rule 39
Execution
(Secs. 1 to 48)
Judgment or final order (Sec. 1)
Losing party must first receive notice of the judgment before the
court or its personnel
can execute the judgment
Office of the Court Administrator vs. Corpuz, 412 SCRA 1
(2003)
Kinds of execution
1. According to nature
a. Matter of right (Sec. 1)
- enforceable by mandamus
b. Discretionary (Sec. 2)
2. According to mode of enforcement
a. By motion (Sec. 6, first sentence)
b. By independent action (Sec. 6, 2nd sentence)
2.
21
1.
22
4.
23
Provisional Remedies
Rule 57
Preliminary Attachment
(Secs. 1-20)
Nature of attachment
Davao Light & Power Co., Inc. vs. CA, 204 SCRA 343
(1991)
Olib vs. Pastoral, 188 SCRA 692 (1990)
When issued; grounds (Sec. 1)
1. Action for recovery of specified amount
2. Action involving embezzled property
3. Action to recover property fraudulenty taken
4. Action involving fraud in contracting or performing
obligations
5. Action against party who has removed or disposed of
property to defraud creditors
6. Action against non-resident defendant
Issuance and contents of order (Sec. 2)
Attachment bond required (Secs. 3, 4)
Writ may issue ex parte; prior or contemporaneous sevice of summons required for
enforcement (Sec. 5)
Davao Light & Power Co., Inc. vs. CA, supra
When attachment may be enforced without service of
summons
Valmonte vs. CA, 252 SCRA 92 (1994)
Discharge of attachment
Upon giving counterbond (Sec. 12)
2. On other grounds (Sec. 13)
Judgment rendered against attaching party dismissal
of principal action (Sec. 19)
1.
3.
24
25
(Sec. 8)
Same procedure as in Sec. 20, Rule 57
When final injunction granted (Sec. 9)
Rule 59
Receivership
(Sections 1 to 9)
Receiver defined
Normandy vs. Duque, 29 SCRA 385 (1969)
Appointment of receiver (Sec. 1)
1.
26
2.
27
Resolutions of
Rule 65
28
Rule 66
Quo Warranto
(Sections 1 to 12)
Definition
Quo warranto and mandamus distinguished
Lota vs. CA, 2 SCRA 715 (1961)
Period for filing within one (1) year from date petitioner
ousted from his position
Galano vs. Roxas, 67 SCRA 8 (1975)
Exception
Cristobal vs. Melchor, 78 SCRA 175 (1977)
Rule 66 of the 1997 Rules of Civil Procedure does not apply to quo warranto
cases against persons who usurp an office in a private corporation.
Calleja vs. Panday, G.R. No. 168696. February 28, 2006.
Rule 67
Expropriation
(Sections 1 to 14)
29
30
31
32
Contempt defined
Distinction between
Direct and indirect contempt
Criminal and civil contempt
Two ways of initiating indirect contempt proceedings
(Sec. 4)
Remedies
Direct contempt (Sec. 2)
Indirect contempt (Sec. 11)
Use of falsified and forged documents constitutes indirect contempt not direct
contempt
Judge Dolores Espanol vs. Atty. Benjamin Formoso, G.R. No. 150949, June 21, 2007