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Enumerate rule joinder of actions

Jurisdiction RTC MTC how much

Guardianship

General guardianship, a guardianship over the property or person of a minor.

Guardian ad litem incident or collateral to main action

Pay assignee pendete lite amount paid within 30 days

Assignee pendete lite no need intervention ask for joinder or substitution

Exception to husband and wife separate

1. co-ownership implead wife as co-plaintif

2.judicially declared legally separated

3. husband and wife separated in fact at least one year

Members class suit = indispensable parties

Intervention discretionary to the court except class suit

Indigent ex parte motion allowed (motion to declare indigent only motion allowed
before complaint

Elements venue

1. in writing

2. contracted before case is filed

3. features of exclusivity

*this is for the ofended party

Non Resident Defendant only for civil status of plaintif and property of such
defendant in the Phils.

Jurisdiction agreed after filed in court, still valid but upon discretion of the court

4non waivable defense?

Summary procedure and small claims motu propio allowed

Real Actions
1. Unlawful detainer, forcible entry, accion publiciana, accion reinvidicatoria,
quiet title, remove cloud on title.

2. Recover possession of real property plus damages

3. Rescind or annul a contract and return possession of real property

4. Foreclose real estate mortgage

5. Accept payment for the land contracted to buy on installment

6. Cancellation of TCT

Personal Actions

1. Declaration of nullity of marriage

2. Specific performance with damages

3. Annul a loan and accessory real estate mortgage

Settlement of estate = in rem

Reinvidicatoria = in personam

Prior Barangay Conciliation requisites

1. Natural person

2. Both reside in the same city or municipality

Exception Barangay

1. Rule 65 and petition for relief

2. Involve public officer or LGU

3. Expropriation or quo warranto

If client does not want to undergo attach in complaint provisional remedy

No barangay defendant motion for dismissal lack of cause of action

No barangay compel, on motion or motu propio, submit barangay conciliation

If complainant failed to go to Barangay upon its order, dismissal of complaint with


prejudice

Venue where respondent resides


Agreement may be repudiated within 10 days. Grounds vices of consent. Execution
of final agreement within 6 months. Barangay levy only to personal properties.

If deficient. 1. Claim for collection or 2. Rescind it and then go to court

Diference with Judgment on compromise

1. law between the parties

2. When theres deficit or failed, he cannot file a case again in court

3. no power to render judgment only execution

4. executive/judiciary

Barangay may transform into arbitral tribunal, quasi judicial in writing, repudiate
within 5 days. May order arbitral awards which is unappealable.

Failure to comply, means rescission by operation of law

Summary procedure, forcible entry, unlawful detainer, money claims up to 200k

Summary procedure only 4 pleadings, Complaint, Answer, Compulsory


Counterclaim, Cross-claims

Small Claims permissive counterclaim allowed not in Summary procedure

Motion to dismiss only jurisdiction over subject matter and prior barangay
conciliation.

Diference with court, may motu propio dismissed the case

Period nonextendible 10 days

Move for judgment on the pleadings when not answered.

Declare defendant in default upon a motion.

Summary procedure appeal. Annulment also available when he cannot appeal

New preliminary conference

Summary proceeding criminal trial allowed

Small claims claim of money does not exceed 100,000. Lawyers not allowed to join
in the proceedings

Source: 1. Money owned arising from contract

2. Damages arising from contract, quasi-contract or quasi-delict


3. Those arising from award from Barangay Amicable settlement or
arbitration award

Small claims permissive counterclaim allowed not allowed in special proceeding

Small claims just fill up, certified photocopies of actionable document allowed

Small claims unlike Special Procedure does not involve criminal cases

Small claims no appeal available thus Rule 65 unlike Special Procedure

Special Procedure forcible entry and unlawful detainer, immediate execution. In


order to stop file a Supersedeas bond and current rate of monthly rentals

Small claims final and executory. Stop by TRO or writ of preliminary injunction by
filing an injunction bond

Page 22 Pleadings

Page 138

Kalikasan

Continuing Mandamus only CA and SC

Attach documentary and object evidence

Declare defendant in default prohibited pleading

Consent Decree a judgment of compromise

Rules on Evidence may not be followed.

Civil Case quantum preponderance of evidence.


Kalikasan substantial evidence.

Amparo substantial evidence.

Quasi-Judicial Proceedings substantial evidence.

Special Civil Actions


1. Interpleader (Rule 62)
2. Declaratory relief and similar remedies (Rule 63)
3. Review of judgments and final orders of the COMELEC and the Commission on Audit (Rule
64)
4. Certiorari, prohibition and mandamus (Rule 65)
5. Quo warranto(Rule 66)
6. Expropriation (Rule 67)
7. Foreclosure of real estate mortgage(Rule 68)
8. Partition (Rule 69)
9. Forcible entry and unlawful detainer (Rule 70)
10. Contempt (Rule 71)
11. Petition for Writ of Kalikasan
12. Petition for Continuing Mandamus

1. by complaint
a. interpleader
b. expropriation
c. foreclosure of real estate mortgage
d. partition
e. forcible entry and unlawful detainer

2. by petition
a. declaratory relief
b. review of judgments and final orders or resolutions of the COMELEC / COA
c. Certiorari
d. Prohibition
e. Mandamus
f. Quo Warranto
g. Contempt
h. Petition for Writ of Kalikasan
i. Petition for Continuing Mandamus
Interpleader
Can be filed thru an answer
Barangay Conciliation applicable to all special civil actions except for particular cases.
Q: What are the three special civil actions which are within the jurisdiction of
MTCs?
A:
1. Interpleader, provided that the amount is within the jurisdiction of such MTC
2. Ejectment suits
3. Contempt
4. Also partition in accordance with jurisprudence

Q: What is an interpleader?
A: It is a special civil action filed by a person against whom two conflicting claims are made
upon the same subject matter and over which he claims no interest, to compel the claimants
to interplead and to litigate their conflicting claims among themselves. (Sec. 1, Rule 62).

Q: What are the requisites in order that the remedy of interpleader may be
availed of?
A:
1. Plaintif claims no interest in the subject matter or his claim is not disputed
2. Two or more claimants asserting conflicting claims
3. The subject matter must be one and the same
4. Person in possession or obliged files a complaint.
5. The parties to be interpleaded must make efective claims.
6. Payment of docket and other lawful fees.

Rule 63 Enumerates 4 special civil actions


~Declaratory Relief
and other similar remedies:
~Reformation of instrument
~Quieting of title
~Consolidation of title

There is an enumeration under Rule 63 (Section 1) as to the instruments which could be


subjects of a petition for declaratory relief; deed, will, contract or other written instrument,
whose rights are afected by a statute, executive order or regulation, ordinance, or any other
governmental regulation.

You will meet decisions of the SC concerning declaratory relief to the efect that you cannot
file a motion for execution in order to carry out the declaratory judgment
In a clarificatory judgment, that is where a judgment that has become final and executory
but has certain ambiguities with that judgment.
In declaratory judgment the court will only tell the petitioner what his rights and duties are
under a certain will or contract.
DECLARATORY JUDGMENT ORDINARY JUDGMENT
Declaratory judgment stands by itself and Ordinary judgment involves executor or
no executory process follows coercive relief
Intended to determine any question of Intended to remedy or compensate injuries
construction or validity prior to breach or already sufered
violation

What are the requisites of an action for declaratory relief?


A:
1. Filing of Petition before there is a breach or violation
2. Subject matter is a deed, will, contract, written instrument, statute, executive order,
regulation or ordinance

Note: The enumeration of the subject matter is exclusive, hence, an action not
based on any of the enumerated subject matters cannot be the proper subject of
declaratory relief. (Riano, Civil Procedure: A Restatement for the Bar, p. 613, 2009
ed.)

3. There is justiciable controversy


4. Issue is ripe for judicial determination (Republic v. Orbecido III, G.R. No. 154380, October
5, 2005), i.e. litigation is imminent and inevitable (Tolentino v. Board of Accountancy, G.R.
No. L-3062, September 28, 1951)
5. Adequate relief is not available through other means or other forms of action or
proceedings (Ollada v. Central Bank, G.R. No. L-11357, May 31, 1962)
6. The controversy is between persons whose interests are adverse.

1. Ordinary civil action plaintif alleges that his right has been violated by the defendant;
judgment rendered is coercive in character; a writ of execution may be executed against the
defeated party.
2. Special civil action of declaratory relief an impending violation is sufficient to file a
declaratory relief; no execution may be issued; the court merely makes a declaration.
The court can refuse to make a declaration of the rights of petitioner and respondents on a
deed or a contract on the ground that the judgment will not bind the parties not impleaded
in the petition for declaratory relief.
In personam

When may a court refuse to make a judicial declaration?


A: Court may motu propio or upon motion refuse based on the following grounds:
1. A decision will not terminate the uncertainty or controversy which gave rise to the action
2. Declaration or construction is not necessary and proper under the circumstances

Q: What are the instances wherein a declaratory relief is unavailable?


A:
1. To obtain judicial declaration of citizenship;
2. To establish illegitimate filiation and determine hereditary rights;
3. The subject of the action is a court decision;
4. Actions to resolve political questions;
5. Those determinative of the issues rather than a construction of definite status, rights and
relations;
6. Terms of assailed ordinances are not ambiguous or of doubtful meaning;
7. In a petition to seek relief from a moot and academic question;
8. Where the contract or statute on which action is based has been breached;
9. When the petition is based on the happening of a contingent event;
10. When the petitioner is not the real party in interest; and
11. Where the administrative remedies have not yet been exhausted.

Declaratory RTC
Similar remedies BP 129
Q: What is an action for quieting title to real property?
A: This action is brought to remove a cloud on title to real property or any interest therein.
The action contemplates a situation where the instrument or a record is apparently valid or
efective but is in truth and in fact invalid, inefective, voidable or unenforceable, and may
be prejudicial to said title to real property. This action is then brought to remove a cloud on
title to real property or any interest therein. It may also be brought as a preventive remedy
to prevent a cloud from being cast upon title to real property or any interest therein

Q: Is it required that the plaintiff be in the possession of the property before an


action is brought?
A: The plaintif need not be in possession of the real property before he may bring the action
as long as he can show that he has a legal or an equitable title to the property which is the
subject matter of the action

Why do we require an action to consolidate under Article 1607 of the NCC?


NCC Art. 1607. In case of real property, the consolidation of ownership in the
vendee by virtue of the failure of the vendor to comply with the provisions of
article 1616 shall not be recorded in the Registry of Property without a judicial
order, after the vendor has been duly heard.

A conventional redemption has also a period for 1 year. When the 1-year period expires, the
buyer of the property cannot deal directly with the RoD.

But if the petitioner/buyer fails to defeat the disputable presumption that the contract is one
of equitable mortgage, he can still obtain a title, but he must file another special civil action.
This time, the buyer must file an action for judicial foreclosure of mortgage.

Legal redemption (retracto legal) is a statutory mandated redemption of a property


previously sold. For instance, a co-owner of a property may exercise the right of redemption
in case the shares of all the other co-owners or any of them are sold to a third person (Art.
1620). The owners of adjoining lands shall have the right of redemption when a piece of
rural land with a size of one hectare or less is alienated (Art. 1621). Conventional
redemption (pacto de retro) sale is one that is not mandated by the statute but one which
takes place because of the stipulation of the parties to the sale. The period of redemption
may be fixed by the parties in which case the period cannot exceed ten (10) years from the
date of the contract. In the absence of any agreement, the redemption period shall be four
(4) years from the date of the contract

If the court decides to entertain a petition for declaratory relief, and during the pendency of
the petition, the law took efect or there is a violation committed as to the terms of the
contract, the court shall order the conversion of declaratory relief into an ordinary civil
action. Petitioner will have to amend his complaint, as he will now allege that he has a right
and that right has been violated. The declaratory relief will cease to be a special civil action.
An ordinary civil action takes its place, which is not possible in the actions covered by other
similar remedies.

Rule 64
Rule 64 is a mode of review to the Supreme Court. In accordance with the Constitution use
Rule 65.

CSC CA

in Rule 64 shall be filed within 30 days from notice of the judgment, final order or
resolution of the COMELEC and the COA sought to be reviewed
Petitioner should not move for an extension for a petition under Rule 65. It is
inextensible.

Rule 65 competent court is RTC, CA or SC


Under COMELEC CODE, COMELEC has certiorari jurisdiction under Rule 65.
Sandiganbayan has certiorari jurisdiction under Rule 65.

Rule 64 Rule 65
Directed only to the judgments, final orders Directed to any tribunal, board or officers
or resolutions of the COMELEC and COA; exercising judicial or quasi-judicial
functions;
Must be filed within 30 days from notice of Must be filed within 60 days from notice of
judgment or resolution judgment or resolution
If MR is denied, the aggrieved party may file If MR is denied, the aggrieved party will
the petition within the remaining period, but have another 60 days within which to file
which shall not be less than 5 days. the petition counted from the notice of
denial.

Rule 65 Rule 45
Findings of fact of Court of Appeals are not GR: Findings of fact of CA are conclusive
conclusive or binding upon SC
Involves question of jurisdiction Involves question of law
Mode of appeal Mode of review
Directed against an interlocutory order of a Involves the review of the judgment final
court or where there is no appeal or any orders or resolutions of the CA,
other plain, speedy or adequate remedy Sandiganbayan, CTA, RTC or other courts

Filed not later than 60 days from notice of Filed within 15 days from notice of
judgment, order or resolution appealed judgment, final order or resolution appealed
from from
Unless a writ of preliminary injunction or Stays the judgment or order appealed from
temporary restraining order is issued, it
does not stay the challenged proceeding
The judge, court, quasi-judicial agency, The appellant and the appellee are the
tribunal, corporation, board, officer or original parties to the action, and the lower
person shall be public respondents who are court or quasi-judicial agency is not
impleaded in the action impleaded
Motion for reconsideration or for new trial is Motion for reconsideration is not required
required.
If a motion for reconsideration or new trial
is filed, another 60 days shall be given to
the petitioner (A.M. No. 02-03-SC)
Court exercises original jurisdiction The court is in the exercise of its appellate
jurisdiction and power of review.
Filed with the RTC, CA, Sandiganbayan or Filed with the SC
COMELEC

Page 147

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding


the truth respecting a
matter of fact.

Why cannot we use Evidence to answer disputes of law?


Under our legal system, it is conclusively presumed that everybody knows the law. Ignoratia
legis non-excusat. All parties to the dispute must know the law applicable in the case. There
could be no dispute between the parties and even the court itself concerning the truth about
a matter of law.

Question of fact (also known as a point of fact) is a question which must be answered by
reference to facts and evidence, and inferences arising from those facts.
On the other hand, a question of law is a question which must be answered by applying
relevant legal principles, by an interpretation of the law.

When does a question of fact arise?


When the issues are already joined.
When does that joinder happen?
Upon the filing of an answer which contains a specific denial as to the existence of a certain
fact.

Define a specific denial.


It refers to a denial of the material facts or facts alleged in the pleading of the claimant
essential to his cause of action.

Can there be a question of fact when a party raises an affirmative defense?


NO. When a party raises an affirmative defense, he in efect, hypothetically admits the
material allegations of his opponent in his pleadings.

In a case where a party defaults, is there still a need to present evidence?


YES. The court should still require the non-defaulting party to present his evidence. There is
still a need to prove the allegations made in the complaint.

Instances when Evidence is not required to be presented such as the following:


1. When no factual issue exists in a case.
2. Where the case presents only a question of law.
3. When the pleadings in a civil case do not tender an issue of fact.
4. Evidence may also be dispensed with by agreement of the parties.
5. Matters of judicial notice (See Rule 129).
6. Matters judicially admitted (See Rule 129).

Evidence outside the rules on evidence


Example ni Jara ito. Supposing in a complaint for sum of money, the plaintif alleges that the
defendant is
indebted to him for P10 million pesos. Upon the presentation of evidence, the plaintif
presents to the
court a promissory note evidencing the indebtedness of the defendant. The note however
indicates that such indebtedness amounts to P30 million pesos. May the court admit
aforementioned evidence even if the original complaint only alleged P10 million? YES. Under
Sec. 5, Rule 10 (Amendment to conform or to authorize presentation of evidence). You see,
this is an evidentiary rule outside Rules 128-133.
What is Factum Probandum and Factum Probans?
Factum probandum is the ultimate fact or the fact sought to be established. Factum Probans
pertains to the evidentiary fact or the facts by which the Probandum is established.
The former refers to the proposition, while the latter refers to the materials which establish
that proposition.

A prosecutor files in the court an information for homicide. Is there probandum


already?
NO. Because the accused has yet to be arraigned. In criminal cases, the arraignment of the
accused
determines whether or not there exists a probandum.

If the accused pleads guilty to a crime, does that negate the existence of
probandum?
Not in all instances. Probandum is still necessary when the case involves a heinous crime.

True or False. Probandum is always determined by the allegations in the


pleadings.
FALSE. Probandum may also be determined by the pretrial order and it may change during
the course of the trial
Can probandum change easily in a criminal case?
No. probandum cannot be changed the same way it can be changed in a criminal case.
There is a necessity to amend the pleadings according to the Rules on Criminal Procedure.

When do we apply the Rules on Evidence?


The rules of evidence, being part of the Rules of Court, apply only to judicial proceedings,
subject to inapplicable cases in Sec. 4, Rule 128.

How about in Quasi-Judicial Proceedings?


Yes. The same apply by analogy whenever practicable and convenient except where the
governing law on that particular proceeding specifically adopts the rules of evidence in the
Rules of Court.

Proof vs Evidence
It is merely the probative efect of evidence and is the conviction or persuasion of the mind
resulting from a consideration of evidence. On the other hand, Evidence is the medium by
which a fact is proved or disproved.

What are the different classifications of evidence?


According to Form:
1. Object: evidence that is directly addressed to the senses of the court and consists of
tangible
things exhibited or demonstrated in open court, in an ocular inspection, or in a designated
place.
2. Documentary: evidence supplied by written instruments or derived from conventional
symbols, such as letters, by which ideas are represented on material substances.
3. Testimonial: submitted to the court through the testimony or the depositon of a witness.

As to ability to establish a fact in dispute:


1. Direct: proves a fact in dispute without any aid of any inference or presumption.
2. Circumstantial: proof of fact or facts which taken singly or collectively, the existence of a
fact in
dispute may be inferred as a necessary or a probable consequence.

As to Probative Value:
1. Prima Facie: that which standing alone unexplained, is sufficient to establish the
proposition affirmed.
2. Conclusive: Evidence which is incontrovertible.
3. Corroborative: additional evidence of a diferent kind and character from that already
given
tending to prove the same point.
4. Cumulative: additional evidence of the same kind and character proving the same fact.

As to weight and acceptability:


1. Primary: evidence which afords the greatest certainty of the fact in question.
2. Secondary: evidence which is inferior to primary evidence.

As to Quality:
1. Relevant
2. Material
3. Admissible
4. Credible
5. Competent
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