Professional Documents
Culture Documents
Civil Procedure
Civil Procedure
ACTION AFFECTS THE PLAINTIFFS PERSONAL STATUS - in the court of the place
where the plaintiff resides.
B.
Statue of frauds
g. Estoppel
h. Former recovery
i.
Discharge in bankruptcy
j.
a. Caption
b. Title
c. Body divided into headings and paragraphs
d. Body divided into headings and paragraphs
e. Signature and address
f.
j.
u. Petition for review of the decision of an RTC in cases within the exclusive original
jurisdiction of the inferior court, by and elevated to the CA.
v. Pleadings that need not be verified but must be under oath:
w. Denial of the genuineness and due execution of an actionable document (8.8)
x. Denial of allegations of usury (8.11)
y. Answer to written interrogatories (25.2)
z. Answer to request for admission (26.2)
aa. Notice of appeal from administrative tribunals to the CA
j.
Motion for new trial based on newly discovered evidence in criminal cases
(121.4)
ii. When compliance with an order for an inspection of the original instrument is
refused.
Admission of genuineness and due execution:
i.
Party whose signature appears admits that he signed it, or that it was signed
by another with his authority
ii. Was in words and figures as set out at the time it was signed
iii. Document was delivered
iv. Any formal requisites required by law which it lacks are waived by him
The following defenses are cut-off by admission of genuineness and due
execution of the document:
i.
Signature is a forgery
a. Defendant must specify each material allegation of fact the truth of which he
does not admit;
b. Defendant must set forth the substance of the matters upon which he relies to
support his denial, whenever practicable;
c. If denying only part of an averment, he shall specify so much of it as is true and
material and shall deny the remainder;
d. If defendant does not have knowledge or information sufficient to form a belief as
to the truth of a material averment, he shall so state and this has effect of denial.
Negative pregnant a denial which at the same time involves an admission of
the substantial facts in the pleading responded to.
5. Allegations not specifically denied, other than those as to amount of unliquidated
damages deemed admitted.
RULE 9 EFFECT OF FAILURE TO PLEAD
1. General Rule: Defenses and objections not pleaded in answer or motion to dismiss
are deemed waived (Omnibus Motion Rule).
Exception: Court shall dismiss the claim, even without allegation in answer or motion
to dismiss, if any of the following appear from the pleadings or the
evidence on record:
a. Lack of jurisdiction over the subject matter;
b. Litis pendentia between same parties for the same cause;
c. Res judicata
d. Action barred by statute of limitations.
2. DECLARATION OF DEFAULT
b. Motion to set aside order of default may be filed after notice and before
judgment;
c. Party may make motion, under oath, to set aside order of default upon proper
showing that failure to answer was due to FAME;
d. Effect of order of default party in default entitled to notice of subsequent
proceedings but not to take part in trial;
e. Partial default if several defending parties and not all in default, the court shall
try the case against all upon the answers thus filed and evidence presented;
f.
After declaration of default, court may render judgment on the basis of the
complaint or require claimant to submit evidence;
g. Judgment against party in default shall not exceed the amount or differ in kind
from that prayed for nor award unliquidated damages;
h. No defaults in action for annulment or declaration of nullity of marriage or for
legal separation.
RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS
1. Amendments of pleadings may be made once as a matter of right:
a. At any time before responsive pleading is served
b. In the case of a reply, anytime within 10 days after service.
Plaintiff may amend complaint as a matter of right even after defendant files a
Motion to Dismiss, since the same is not a responsive pleading.
2. Substantial amendments may be made only with leave of court, except as provided
above.
3. An amended pleading supersedes the pleading that it amends but admissions in
SUPPLEMENTAL
courts;
2. Answer of defendant foreign private juridical entity when service of summons is
made on the government official designated by law, answer to be filed within 30 days
from receipt of summons by such entity.
3. Answer to amended complaint if amended as a matter of right, 15 days from being
a. Personal
b. Registered mail
c. Publication (if summons by publication)
3. Proof of personal service
a. Written admission of party served;
b. Official return of the server; or
c. Affidavit of party serving, containing a full statement of the date, place and
manner of service.
RULE 14 SUMMONS
1. Contents of summons
PERSONAL:
i.
SUBSTITUTED:
i.
Leave copies at his residence, with person of suitable age and discretion
residing therein; OR
a. Sheriff
b. Other proper court officer
c. Any suitable person specially authorized by the judge
4. When extraterritorial service allowed:
a. Defendant is a non-resident and is not found in the Philippines and action affects
plaintiffs personal status
b. Subject of action is property within the Philippines in which the defendant has or
claims a lien or interest
c. Where relief demanded consists in whole or in part in excluding the defendant
from any interest in such property
d. When property of defendant has been attached within the Philippines
5. Kinds of extra territorial service
a. Personal service
b. Publication and summons sent by registered mail to last known address
c. Any other matter the court may deem sufficient
6. When service by publication in a newspaper of general publication allowed:
In-house counsel
8. Service upon private foreign juridical entity transacting business in the Phils:
e. Must have been regularly published for at least 2 years before the date of the
publication in question.
Mere filing of an answer per se should not be automatically treated as a voluntary
appearance by the defendant for the purpose of sumons. It should be noted that
when the appearance of the defendant is precisely to object to the jurisdiction of
the court over his person, it cannot be considered as an appearance in court.
RULE 15 MOTIONS
1. All motions must be in writing except:
a. Ex parte motion
b. Urgent motion
c. When court sets hearing on shorter notice for good cause
d. Motion for summary judgment (must be served at least 10 days before the
hearing)
A prudent judge would, in the absence of the opposing party in the hearing of a
motion, inquire from the other party or inquire from the records the proof of the
service of notice rather than proceed with the hearing. He should not rely on a
partys undertaking to notify the adverse party of a scheduled hearing. The judge
must demand what the rule requires, i.e., proof of such notice on the adverse
party. Otherwise, a contentious motion should be considered a mere scrap of
paper which should not have even been received for filing.
Subsequent service of the motion on the adverse party may be considered
substantial compliance with the Rule 15, 6. Failure to attach to the motion
proof of service thereof to the adverse party is not fatal when the adverse party
had actually received a copy of the motion and was in fact present in court when
the motion was heard.
RULE 16 MOTION TO DISMISS
1. Motion to Dismiss must be filed within the time for and before the filing of an answer
to complaint.
2. Grounds for motion to dismiss:
a. Court has no jurisdiction over the person of the defendant- unlike old rule,
inclusion in motion to dismiss of other grounds aside from lack of jurisdiction over
the person does NOT constitute a waiver of the said ground or voluntary
appearance;
b. Court has no jurisdiction over the subject matter of the claim;
c. Venue is improperly laid;
d. Plaintiff has no legal capacity to sue;
e. There is another action pending between the same parties for the same cause;
Requisites of litis pendentia:
i.
Identity of parties/interest
ii. Identity of rights asserted and prayed for/relief founded on the same facts;
iii. Identity of the 2 cases (such that judgment in one would amount to res
judicata in the other)
f.
iii. On the merits (even without trial, such as cases decided by Judgment on
the Pleadings, Summary Judgment, or dismissed for failure to prosecute
or for refusal to obey an order of the court)
iv. Identity of the parties
g. Pleading asserting claim states no cause of action;
h. Claim or demand in the plaintiffs pleading has been paid, waived, abandoned,
extinguished;
i.
j.
Condition precedent for filing has not been complied with (this includes prior
recourse to barangay conciliation, or failure to make attempts to reach a
compromise in cases between members of the same family)
The court shall not defer the resolution of the motion for the reason that the
ground relied upon is not indubitable.
3. Actions that court may take on a Motion to Dismiss:
a. Grant it remedy: appeal
b. Deny NOT appealable; but may avail of certiorari, prohibition and mandamus
c. Order amendment of the pleading
4. If denied, defendant must file answer within the balance of the 15-day period, but not
less than 5 days from the time he received notice of the denial;
5. Subject to the right to appeal, dismissal based on the following grounds will be bar to
refiling:
a.Res judicata
b.Extinguishment of claim or demand
c.Prescription
d.Unenforceability under the Statute of Frauds
6. The dismissal of the complaint shall be without prejudice to the prosecution in the
same or separate action of a counterclaim pleaded in the answer.
A motion to dismiss on the ground of failure to state a cause of action in the
complaint must hypothetically admit the truth of the facts alleged in the complaint.
The admission, however, is limited only to all material and relevant facts which are
well pleaded in the complaint. The demurrer does not admit the truth of mere
epithets charging fraud; nor allegations of legal conclusions; nor an erroneous
statement of law; nor matters of evidence; nor to legally impossible facts.
RULE 17 DISMISSAL OF ACTIONS
1. Dismissal by the plaintiff
a. Notice of dismissal any time before service of the answer or a motion for
summary judgment;
Dismissal is without prejudice EXCEPT on 2nd notice of dismissal, which
operates as adjudication on the merits when filed by same plaintiff who has
once dismissed an action based on or including said claim.
b. If answer or motion for summary judgment already served, dismissal by a Motion
for Dismissal, which shall require approval of the court; shall be without prejudice
unless otherwise specified by the court
If counterclaim has been pleaded by a defendant prior to the service upon
him of plaintiffs motion to dismiss, dismissal is limited to the complaint;
dismissal is without prejudice to defendants right to prosecute counterclaim
in a separate action or, if he makes a manifestation within 15 days from
notice of the motion, to prosecute CC in same action.
2. Dismissal due to plaintiffs fault - the following must be without justifiable cause
However, if plaintiff answers the defendants counterclaim, it will be the latters duty
to set the pre-trial.
3. Failure of plaintiff to appear shall be cause for dismissal of the action.
before pre-trial. Failure to file brief has same effects as failure to appear at pre-trial.
6. Proceedings recorded, and court shall issue an order reciting in detail matters taken
up.
RULE 19 INTERVENTION
1. Grounds for intervention
4. Motion for intervention will be granted if it will not unduly delay or prejudice
adjudication of rights or original parties and if the intervenors rights may be fully
protected in separate proceedings.
5. Complaint in intervention is merely collateral to the principal action. Hence, it will be
required by law.
RULE 21 SUBPOENA
1. Subpoena issued by:
a. It is unreasonable or oppressive
b. The articles sought to be produced do not appear to be relevant
c. Person asking for subpoena does not advance cost of production
4. Ground for quashing subpoena ad testificandum
a. The witness is not bound thereby if witness resides more than 100 km from the
place where he is to travel by the ordinary course of travel, or if he is a detention
prisoner and no permission is obtained from the court in which his case is
pending
This is known as the viatory right of the witness; NOTE, however, that the
right is available only in CIVIL cases
b. Witness fees and kilometrage allowed by rules not tendered when subpoena
served.
5. Service of subpoena made in the same manner as personal or substituted service of
summons.
6. Person present in court before a judicial officer may be required to testify as if he
period of time begins to run is to be excluded and the date of performance included.
2. If last day of period falls on Saturday, Sunday or legal holiday in place where court
sits, the time shall not run until the next working day.
3. If there is effective interruption of period, it shall start to run on the day after notice of
the cessation of the cause of the interruption. The day of the act that caused the
interruption is excluded in the computation of the period.
RULE 23 DEPOSITIONS PENDING ACTION
DEPOSITIONS DE BENE ESSE taken for purposes of pending action
1. Depositions pending action
a. Taken by leave of court after court obtains jurisdiction over any defendant or
property subject of the action
b. Taken without leave after an answer has been served
c. Upon the instance of any party
d. May be deposition upon oral examination or written interrogatories
2. Scope of examination deponent may be examined regarding any matter not
DEPOSITIONS
AFFIDAVITS
No cross-examination
5. Use of depositions
MAY BE USED BY
PURPOSE
A witness
Any party
deposition to be used.
Deponent is made the witness of the party offering the deposition.
If only part of the deposition is introduced, adverse party may require that all of it
which is relevant to the part introduced be introduced.
6. Persons before whom depositions may be taken
a. Within the Philippines
i.
Judge
A written request for the admission of the other party of the genuineness of
any material or document or request for the truth of any material and relevant matter
of fact set forth in the request may be filed and served upon the other party at any
time after issues have been joined.
2. Implied admission
Admission is only for the purpose of the pending action and shall NOT
constitute an admission for any other person nor may it be used against him in any
other proceeding.
4. A party who fails to file and serve a request for admission on the adverse party of
material facts within the personal knowledge of the latter shall not be permitted to
present evidence thereon,
RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
1. Any party may move for the court in which the action is pending to order any party to:
a. Produce and permit the inspection and copying or photographing of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, not privileged, which:
i.
ii. The proponent or his counsel to pay the expenses incurred in opposing
the application, including attorneys fees (if it finds the application to be
without substantial justification)
That the matters regarding which the questions were asked, or the character
of the land or the thing, or the physical and mental condition of the party be
taken to be established.
Trial shall be limited to the issues stated in the pre-trial order and shall
proceed as follows:
a. The plaintiff shall adduce evidence in support of his complaint;
b. The defendant shall adduce evidence in support of his defense, counterclaim,
cross-claim, and third-party complaint;
c. The 3rd-party defendant, if any, shall adduce evidence of his defense,
counterclaim, cross-claim, and 4th party complaint;
d. The 4th party and so forth, if any, shall adduce evidence of the material facts
pleaded by them;
e. The parties against whom any counterclaim or cross-claim has been pleaded,
shall adduce evidence in support of their defense, in the order to be prescribed
by the court;
f.
The parties may then respectively adduce rebutting evidence only, unless the
court, for good reasons and in the furtherance of justice, permits them to adduce
evidence upon their original case; and
g. Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their respective
memoranda or any further pleadings.
2. Judge should personally receive evidence EXCEPT that in default or ex parte
hearings and in any case where the parties so agree in writing, the court may
delegate the reception of evidence to its clerk of court who is a member of the bar.
The clerk shall have no power to rule on objections to any question or to the
admission of exhibits, which objections shall be resolved by the court upon
submission of his report and the transcripts within 10 days from the termination of the
hearing.
RULE 31 CONSOLIDATION OR SEVERANCE
1. CONSOLIDATION the court may order a joint hearing or trial of any or all matters
in issue when actions involving a common question of law or fact are pending before
the court.
2. BUT the court may order a separate trial of any claim, cross-claim, counterclaim, or
2. If motion granted, but reversed on appeal defendant deemed to have waived the
right to present evidence.
RULE 34 JUDGMENT ON THE PLEADINGS
1. Judgment on the Pleadings is proper:
a. If answer fails to tender an issue; or
b. If answer otherwise admits the material allegations of the adverse partys
pleading
Then court may, on motion of that party, direct judgment on the pleadings
2. However, the material facts alleged in the complaint shall always be proved in
actions for:
a. Declaration of nullity of marriage
b. Annulment of marriage
c. Legal separation
RULE 35 SUMMARY JUDGMENTS
Summary judgment:
1. Proper if no genuine issue as to any material fact (except as to damages
parties showing that, except as to the amount of damages, there is no genuine issue.
3. Motion shall be served at least 10 days before the time specified for the hearing.
4. May be asked for by a party seeking to recover upon a claim, counterclaim, cross-
Summary judgment
Available in any action, except the 3 Proper only in actions to recover a debt, or
exceptions
for a liquidated sum of money, or for
declaratory relief
Motions for summary judgment may be filed by the claimant or by the defending party.
The defending party may file such motion, pursuant to Rule 35, 2at any time, as
distinguished from 1 where the claimant may file the motion at any time after the
answer is filed.
RULE 36 JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
1. The date of the finality of the judgment or final order shall be deemed to be the date
of its entry. The judgment or final order shall be entered by the clerk in the book of
entries of judgments if no appeal or motion for new trial or consideration is filed
within 15 days
2. Several Judgments
In action against several defendants, the court may render judgment against
one or more of them, leaving the action to proceed against the others.
3. Separate judgments
and resolved by the court within 30 days from submission for resolution.
2. Grounds: Motion for New Trial
ii. Could not have been discovered and produced at trial despite the
exercise of reasonable diligence
iii. If presented, could probably alter the result of the action
3. Grounds: Motion for Reconsideration
a. Damages awarded are excessive
b. Evidence is insufficient to justify the decision or final order
c. Decision is contrary to law
4. Motion for new trial shall be in writing, and supported by affidavits of merit if the
ground is FAME; for newly-discovered evidence, it must be supported by affidavits of
witnesses by whom such evidence is expected to be given, or by duly authenticated
documents to be introduced.
the former is denied. The two remedies are exclusive of one another.
3. Grounds:
receipt. After answer is filed or expiration of period therefor, court shall hear the
petition.
5. If granted, judgment set aside and court shall proceed as if timely motion for new trial
has been granted; if granted against denial of appeal, court shall give due course to
appeal.
RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
1. Execution as a matter of right
On motion with notice, upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal therefrom if no appeal has
been duly perfected.
For so long as there is a certificate of entry of judgment, execution may already
be issued by the court of origin or directed to do so by the CA.
2. Discretionary execution pending period to appeal or during appeal; may issue only
Against his executor, etc. if the judgment be for recovery of real or personal
property or the enforcement of a lien thereon.
ii. If death after execution is actually levied upon his property, it may be sold for
satisfaction of the obligation.
If the judgment obligor dies after the entry but before levy, execution will issue if it
be for the recovery of real or personal property. However, if judgment is for a
sum of money, and the judgment obligor dies before levy, such judgment cannot
be enforced by writ of execution but must be filed as a claim against his estate.
7. Writ of execution:
a. Shall issue in the name of the Republic of the Phils from court which granted the
motion
b. State the name of the court, case number and title, dispositive portion of the
judgment order
c. Require the sheriff or other proper officer to whom it is directed to enforce the writ
according to its terms
8. Manner of executing writ:
a. If judgment against property of the judgment obligor out of real or personal
property with interest
b. If against his real or personal property in the hands of the personal
representatives, heirs, devisees, legatees, tenants, or trustees of the judgment
obligor out of that property, with interest
c. If for sale of real or personal property to sell property, describing it and apply
the proceeds in conformity with judgment.
g. One fishing boat and accessories not more than P100,000 owned by a fisherman
and by which he earns his living;
h. Salaries, wages, or earnings for personal services within the 4 months preceding
the levy which are necessary for the support of the family;
i.
Lettered gravestones;
j.
Money, benefits, annuities accruing or in any manner growing out of any life
insurance;
k. Right to receive legal support or any pension or gratuity from the government;
l.
Exemption does not apply if execution upon a judgment for its purchase price or
for foreclosure of mortgage.
Right of Exemption is a personal right granted to the judgment creditor. The
sheriff may thus not claim it.
10. Third party claims:
a. Purpose of bond filed by judgment obligee or plaintiff is to indemnify third-party
claimant, not the sheriff or officer;
b. Amount of bond not less than value of property levied on;
c. Sheriff not liable for damages if bond is filed;
d. Judgment obligee or plaintiff may claim damages against third-party claimant in
the same or a separate action.
e. 3rd Party claimant may vindicate his claim to property levied in a separate action
because intervention is no longer allowed since judgment already executory; in
preliminary attachment and replevin, 3rd party claimant may vindicate his claim to
the property by intervention since the action is still pending.
11. Who may redeem real property sold:
a. Judgment obligor or his successor in interest in the whole or any part of the
property;
b. Creditor having lien by virtue of an attachment, judgment, or mortgage on the
property sold subsequent to the lien under which the property was sold.
(Redeeming creditor is termed a redemptioner).
12. Judgment obligor has one year from the date of the registration of the certificate of
sale to redeem property sold by paying the purchaser the amount of his purchase,
with 1% per month interest plus any assessments or taxes which he may have paid
thereon after purchase with interest on said amount at 1% per month.
Redemptioners have one year to redeem from the date of registration of the
certificate of sale. They may also redeem beyond one-year period within 60 days
after the last redemption, with 2 % interest on the sum to be paid on the last
redemption. The judgment obligors right to redeem within 60 days from last
redemption is limited to the one-year period, beyond which he can no longer redeem.
Purchaser or redemptioner not entitled to receive rents and income of property
sold inasmuch as these belong to the judgment obligor until the expiration of the
period of redemption.
13. Effect of judgment or final orders
a. In case of judgment against a specified thing, probate of will, or administration of
estate or legal condition or status, it is conclusive on the title or condition, status,
relationship, will or administration.
b. In other cases/matters directly adjudged, or matters relating thereto that could
have been raised subsequent to commencement of action, judgment is
conclusive between parties and their successors in interest.
c. In any other litigation, that only is deemed to have been adjudged in a former
judgment or which was actually and necessarily included therein.
14. Effect of foreign judgment
a. Judgment upon a specific thing, conclusive upon title to the thing;
b. If against a person, judgment is presumptive evidence of a right as between the
parties and their successors in interest;
15. When foreign judgment may be repelled
a. Evidence of want of jurisdiction
b. Want of notice to party
c. Collusion
d. Fraud
e. Clear mistake of law.
16. Requisites for res judicata
a. Final former judgment
b. Judgment is on the merits
c. Rendered by a court of competent jurisdiction
d. Between first and second actions, identity of subject matter, parties and cause of
action.
17. When quashal of writ of execution proper
a. Improperly issued
b. Defective in substance
c. Issued against the wrong party
d. Judgment was already satisfied
e. Issued without authority
f.
j.
18. SPECIAL JUDGMENT - requires the performance of any other act than the payment
of money or the sale or delivery of real or personal property.
Justices, judges, prosecuting attorneys, clerks of courts, and other officers and
employees connected with the administration of justice, the property and rights in
litigation or levied upon an execution before the court within whose jurisdiction or
territory they exercise their respective functions;
g. Lawyers, the property and rights which may be the subject of litigation in which
they take part by virtue of their profession;
h. Others specifically disqualified by law. (e.g. seller of goods who exercise right of
resale of goods).
RULE 40 APPEAL FROM MTC TO RTC
1. Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over
the area to which MTC pertains. File notice of appeal with the MTC which rendered
decision appealed from within 15 days after notice of such judgment.
2. Record on appeal is filed within 30 days and required only for special proceedings
3. Appellate docket fees paid to clerk of court of MTC - payment not a condition
precedent for perfection of appeal but must nonetheless be paid within the period for
taking appeal;
4. Procedure for appeal from cases dismissed without trial for lack of jurisdiction:
a. If affirmed because the MTC has no jurisdiction, RTC will try case on the merits
as if it has original jurisdiction;
b. If reversed, the case shall be remanded to the MTC;
c. If the first level court tried the case on the merits without jurisdiction, the RTC
should not dismiss the case but shall decide it in the exercise of original
jurisdiction.
RULE 41 APPEAL FROM THE RTC
1. Appeal may be taken from a judgment or final order that completely disposes of the
case or of a particular matter therein.
2. No appeal may be taken from:
a. Order denying a motion for new trial or recon;
b. Order denying a petition for relief or any similar motion seeking relief from
judgment;
c. Interlocutory order;
d. Order disallowing or dismissing an appeal;
e. Order denying a motion to set aside a judgment by consent, confession,
compromise on the ground of fraud, mistake, or duress, or any other ground
vitiating consent;
f.
Order of execution;
Not appealable because execution is only the result of the judgment. If order
of execution is not in accord with the dispositive portion, remedy is certiorari
under Rule 65.
Record of Appeal
10. Failure to pay appellate docket fees within the reglamentary period is ground for
dismissal of appeal.
11. General Rule: An ordinary appeal stays the execution of a judgment
Exceptions: a. Decisions of quasi-judicial body appealed to the CA
b. Executions pending appeal
c. Cases covered by Summary Procedure
RULE 42 PETITION FOR REVIEW FROM THE RTC TO THE CA
1. Form and contents of petition for review (from RTC to CA)
In 7 legible copies:
a. Full names of parties to case, without impleading the lower courts or judges
thereof;
b. Indicate specific material dates showing it was filed on time;
c. Concise statement of matters involved, issues raised, specification of errors of
fact or law, or both allegedly committed by the RTC, and the reasons or
arguments relied upon for the allowance of the appeal;
d. Accompanied by clearly legible duplicate originals or true copies of the
judgments or final order of both MTC and RTC;
e. Certification under oath of non-forum shopping.
2. Contents of comment
j.
m. GSIS;
n. Employees Compensation Commission;
o. Agricultural Inventions Board;
p. Insurance Commission;
q. Construction Industry Arbitration Commission;
r.
Voluntary arbitrators
St. Martins Funeral Home vs. NLRC - DECISIONS OF THE NLRC ORIGINAL
ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE CA, NOT SC
Fabian vs. Desierto Appeals from decisions of the Office of the Ombudsman in
administrative disciplinary cases should be taken to the CA under Rule 43.
According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any
appeal by way of petition for review from a decision, final resolution or order
of the Ombudsman, or special civil action relative to such decision, filed with
the SC after March 15, 1999 shall no longer be referred to the CA, but shall
be dismissed.
RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT
1. Question of Law exists when doubt or difference arises as to what the law is,
based on a certain state of facts
Question of Fact exists when doubt or difference arises as to the truth or the
falsehood of alleged facts
2. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when:
a. The conclusion is a finding grounded entirely on speculations, surmises, or
conjectures;
b. The inference made is manifestly mistaken, absurd, or impossible;
c. There is grave abuse of discretion;
d. The judgment is based on misapprehension of facts;
e. Findings of fact of trial court and CA are conflicting;
f.
The CA, in making its findings, went beyond the issues of the case and the same
is contrary to the admissions made;
g. CA manifestly overlooked certain relevant facts not disputed by the parties and
which, if properly considered, would justify a different conclusion.
3. Certiorari as mode of appeal:
From judgment or final order of the CA, Sandiganbayan, RTC on pure
questions of law, or other courts whenever authorized by law, by filing a petition for
review on certiorari with the SC within 15 days from notice of judgment.
4. Rule 45 and Rule 65 distinguished:
Rule 45
Rule 65
An appeal
Kho vs. Camacho: An RTC judge has no right to disapprove a notice of appeal
on the ground that the issues raised involve a pure question of law, and that the
mode of appeal is erroneous. That is the prerogative of the CA, not the RTC
judge. A notice of appeal need not be approved by the judge, unlike a record on
appeal.
RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS
1. Grounds for annulment of judgment of RTC in civil cases:
a. Extrinsic fraud not available as a ground if availed of earlier in a motion for new
trial or petition for relief
b. Lack of jurisdiction.
2. Petition for annulment available only if ordinary remedies of new trial, appeal, petition
for relief or other appropriate remedies no longer available through no fault of the
Petitioner.
3. Periods:
a. For extrinsic fraud four years from discovery;
b. Lack of jurisdiction must be filed before action barred by laches.
4. Effects of judgment of annulment gives the CA authority to order the trial court on
motion to try the case if the ground for annulment is extrinsic fraud, but not if it is lack
of jurisdiction.
Prescriptive period for refiling the original action is suspended unless the
extrinsic fraud is attributable to the plaintiff in the original action.
RULE 50 DISMISSAL OF APPEAL
1. Grounds for dismissal of appeal by the CA:
a. Failure of the record on appeal to show on its face that the appeal was taken
within the reglamentary period;
b. Failure to file the notice of appeal or record on appeal within the period;
c. Failure of the appellant to pay the docket and other lawful fees;
d. Unauthorized alterations, omissions, or additions in the approved record on
appeal;
e. Failure of the appellant to serve and file the required number of copies of his brief
or memorandum within the time provided;
f.
g. Failure of the appellant to take necessary steps for the completion or correction
of the record within the time limited by the order;
h. Failure of appellant to appear at the preliminary conference or to comply with
orders, circulars, or directives of the court without justifiable cause
i.
RULE 51 JUDGMENT
1. Memorandum decisions are permitted in the CA.
2. After judgment or final resolution of the CA and dissenting or separate opinions if
any, are signed by the Justices taking part, they shall be delivered for filing to the
clerk who shall indicate thereon the date of promulgation and cause true copies to be
served upon parties or counsel.
3. Date when judgment or final resolution becomes executory shall be deemed as date
of entry.
RULE 56 PROCEDURE IN THE SUPREME COURT
1. Original cases cognizable exclusive list:
Action against party who is not a resident of the Phils and cannot be found
therein or upon who service by publication can be made.
charged and can be held liable for the amount of judgment and costs upon notice
and summary hearing. There is no need to first execute judgment against the
judgment obligor before proceeding against sureties.
8. Claims for damages cannot be subject of independent action except:
a. When principal case is dismissed by the trial court for lack of jurisdiction without
giving the claiming party opportunity to prove claim for damages;
b. When damages sustained by a third person not a party to the action.
RULE 58 PRELIMINARY INJUNCTION
1. Preliminary injunction distinguished from Prohibition
Preliminary Injunction
Prohibition
Generally directed against party to the Directed against a court, tribunal, or person
action but may be against any person
exercising judicial powers
Does NOT involve the jurisdiction of the
court
a. Party has an interest in the property or fund subject of the action and such is in
danger of being lost, removed, or materially injured;
b. Action by mortgagee for foreclosure of mortgage when the property is in danger
of being wasted or materially injured and that its value is probably insufficient to
discharge the mortgage debt, OR that the parties have stipulated in the contract
of mortgage;
c. After judgment, to preserve the property during the pendency of the appeal, or to
dispose of it, or to aid in execution when execution has been returned unsatisfied
or the judgment debtor refuses to apply his property to satisfy judgment, or to
carry out the judgment.
d. When appointing one is the most convenient and feasible means to preserve,
administer, or dispose of the property in litigation.
2. When receivership may be denied/lifted
a. Available only where the principal relief sought in the action is the recovery of
possession of personal property;
b. Can be sought only where the defendant is in the actual or constructive
possession of the personal property involved.
Eminent Domain
g. Declaratory Relief
h. Quo warranto
i.
j.
Foreclosure of mortgage
k. Unlawful detainer
l.
Forcible Entry
RULE 62 INTERPLEADER
1. Interpleader
a. Original action
b. Presupposes that the plaintiff has no interest in the subject matter of the action or
has an interest therein which, in whole or part, is not disputed by the other parties
to the action;
c. Complaint in interpleader must be answered 15 days from service of summons
RULE 63 DECLARATORY RELIEF AND SIMILAR REMEDIES
1. Requisites for action for declaratory relief:
a. Subject matter of controversy is a deed, will, contract, or other written instrument,
statute, executive order, or regulation, or ordinance;
Court may refuse to adjudicate where decision would not terminate the
uncertainty or controversy which gave rise to the action OR where the
declaration is not necessary and proper at the time;
b. Terms and validity thereof are doubtful and require judicial construction;
c. No breach of the document, otherwise ordinary civil action is the remedy;
Must be before breach is committed, as in the case where the petitioner paid
under protest the fees imposed by an ordinance. Declaratory relief still
proper because the applicability of the ordinance to future transactions still
remains to be resolved, although the matter could be threshed out in an
ordinary suit for the recovery of the fees paid.
d. There is an actual justiciable controversy between persons whose interests are
adverse;
e. The same is ripe for adjudication;
f.
Adequate relief is not available through other means or other forms of action or
proceeding.
RULE 64
For petition for review of judgments and final orders of the COMELEC and COA
period to file is 30 days to be counted from notice of the judgment or final order or
resolution sought to be reviewed and not from the receipt of the denial of the Motion
for Reconsideration; the period to file petition is merely interrupted by the filing of the
Motion for Reconsideration and continues to run again for the remaining period
which shall not be less than 5 days from notice of denial.
RULE 65 CERTIORARI, PROHIBITION AND MANDAMUS
1. Certiorari
Unless a writ of preliminary injunction shall have issued, does NOT stay the
challenged order;
g. Parties are the aggrieved parties against the lower court or quasi-judicial agency
and the prevailing parties;
h. Motion for reconsideration is a condition precedent, subject to certain exceptions;
i.
Higher court exercises original jurisdiction under its power of control and
supervision over the orders of lower courts.
If CA reverses the judge, the latter may not go the SC via a petition for
certiorari. He is merely a nominal party, and he should not seek the reversal
of a decision that is unfavorable to the action taken by him.
Professional Regulation Commission vs. CA It is well settled that the
remedies of ordinary appeal and certiorari are mutually exclusive, not
alternative or successive. However, it has also been held that after a
judgment has been rendered and an appeal therefrom had been perfected, a
petition for certiorari relating to certain incidents therein may prosper where
the appeal does not appear to be a plain, speedy and adequate remedy. In
this case, the SC noted that, while petitioners tried to justify their recourse to
both an appeal and to a petition for certiorari by claiming that their appeal
would not constitute a plain, speedy and adequate remedy, they did not see
fit to withdraw or abandon said appeal after filing the petition. Thus, both the
CA and SC are reviewing the same decision of the RTC at the same time.
2. Prohibition
Where the decision in the certiorari case will avoid future litigation.
5. Cases where Motion for Reconsideration is NOT condition precedent for certiorari:
Where in a criminal case, relief from order or arrest is urgent and the granting of
such relief by the trial court is improbable;
g. Proceedings in the lower court are null for lack of due process;
h. Proceeding was ex parte or in which petitioner had no opportunity to object;
i.
6. The period for filing any of the 3 actions is not later than 60 days from notice of
Quo Warranto
Election Contest
RULE 67 EXPROPRIATION
1. In expropriation, the complaint must be verified.
2. The defendant can only file an answer instead of a motion to dismiss
3. The final order of expropriation is appealable, but the lower court may determine the
just compensation to be paid.
The power of eminent domain is exercised by the filing of a complaint which shall
join as defendants all persons owning or claiming to own, or occupying, any party
of the expropriated land or interest therein. If a known owner is not joined as
defendant, he is entitled to intervene in the proceedings; or if he is joined but not
served with process and the proceeding is already closed before he came to
know of the condemnation, he may maintain an independent suit for damages.
RULE 70 FORCIBLE ENTRY AND UNLAWFUL DETAINER
1. Forcible entry distinguished from Unlawful detainer
Forcible entry
Unlawful detainer
ii. To vacate by written notice on the person in the premises or by posting such
notice on the premises if no person is found thereon and this is a condition
precedent to the filing of the case; ORAL demand is not permitted.
iii. If demand is in the alternative (pay OR vacate), this is NOT the demand
contemplated by the Rules.
3. When the defendant raises the issue of ownership in his pleadings and the question
of possession cannot be resolved without deciding the issue of ownership, the latter
issue shall be resolved only to determine the issue of possession.
A forcible entry/unlawful detainer action has an entirely different subject matter
from that of an action for reconveyance.
The former involves material
possession, and the latter, ownership. Thus, the pendency of an action for
reconveyance does not divest the MTC of its jurisdiction over an action for
FE/UD, nor will it preclude execution of judgment in the ejectment case where
the only issue involved is material possession.
RULE 71 CONTEMPT
1. Criminal contempt
2. Civil Contempt
a. Purpose is to protect and enforce civil rights and remedies for the litigants;
b. Failure to do something ordered by the court for the benefit of a party.
3. Direct Contempt (contempt in facie curiae)